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EXHIBIT (10)I
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NATIONAL AGREEMENT
BETWEEN
CLOTHING MANUFACTURERS ASSOCIATION OF
THE UNITED STATES OF AMERICA
AND
AMALGAMATED CLOTHING AND TEXTILE
WORKERS UNION
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DATED AS OF OCTOBER 1, 1993
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CLOTHING MANUFACTURERS ASSOCIATION OF
THE UNITED STATES OF AMERICA, INC.
1290 AVENUE OF THE AMERICAS, NEW YORK N.Y., 10104
OFFICERS AND DIRECTORS
Homi B. Patel...........................................President
Richard Seitchik...................................Vice President
Sidney Kraines..........................................Treasurer
B. G. Cox...................................Chairman of the Board
Harvey J. Weinstein......................Co-Chairman of the Board
Robert A. Kaplan.....................Executive Director/Secretary
Bernard Ferster......................................... Counsel
HONORARY DIRECTORS
John D. Gray
Lawrence W. Ward
John R. Meinert
BOARD OF DIRECTORS
Dino Bonacasa..............................Dino Clothing Co.,Inc.
Thomas Bowles....................Intercontinental Branded Apparel
Robert Brier..........................Riverside Manufacturing Co.
Joseph Dixon....................................Brooks Bros.,Inc.
J. Paul D'Alonzo..........................D'Alonzo-Lancaster, Inc.
Jean F. DeJaegher..........................The Joseph & Feiss Co.
Chrys Fisher......................................Oxxford Clothes
James F. Haneschlager.............................Calvin Clothing
Walter B.D. Hickey, Jr..........................Hickey-Freeman Co.
Kenneth A. Hoffman..........................Hart Schaffner & Marx
Edward S. Kaminow...............................West Mill Clothes
Malcolm Katzen....................................Oakloom Clothes
Andrew Kozinn..................................Saint Laurie, Ltd.
Charles A. Krieger...................................... Augustus
Steven Kurtzman............................American Fashion, Inc.
Paul Kussell.................................Shepard Clothing Co.
Douglas A. Mieden............................Hilton Clothes, Inc.
Ronald T. Monford..................................Palm Beach Co.
Irving J. Neuman...............................Haas Tailoring Co.
Mitchel Nichnowitz..........................The 500 Fashion Group
David N. Pincus..............................Pincus Bros.-Maxwell
Stephen R. Saft...................................Jacob Siegel Co.
Bradley Silver..............................Bradley Scott Clothes
James J. Stankovic............................J. Schoeneman, Inc.
MARKET ASSOCIATION EXECUTIVE SECRETARIES:
Sidney Orenstein...............................N.Y.Clo.Mfrs.Assn.
Joel J. Sternberg............................Phila.Clo.Mfrs.Assn.
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CLOTHING MANUFACTURERS ASSOCIATION OF
THE UNITED STATES OF AMERICA, INC.
MEMBERS OF THE NEGOTIATING TEAM
Homi B. Patel, Chairman
Thomas Bowles . . . . . . . . . . Jack Hollander
David Corbin . . . . . . . . . . Ronald T. Monford
Jean F. DeJaegher . . . . . . . . Mitchel Nichnowitz
Bruce Fishberg . . . . . . . . . Kenneth Osborne
James F. Haneschlager . . . . . . David N. Pincus
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AMALGAMATED CLOTHING AND TEXTILE WORKERS UNION
15 UNION SQUARE WEST
NEW YORK, NEW YORK 10003
Jack Sheinkman Arthur R. Loevy Bruce Raynor
President Secretary-Treasurer Executive V.P.
VICE PRESIDENTS
John Alleruzzo Noel Beasley
Clayola Brown Anthony Constanza
Ed Clark Olga Diaz
Jean-Marc Couture Bruce Dunton
John Fox Nick Hambas
Arthur Hoover John Hudson
James A. Johnson Richard MacFadyen
Andrew Mattey Frank Nicholas, Jr.
Carmen Papale Amanda Stevens
Joan Suarez Jim Walraven
Office of the General Counsel
George Kirschenbaum
Deputy General Counsel
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CONTENTS
A. MAIN AGREEMENT (pages 1 - 27)
1. Coverage ............................ page 1
2. Union Recognition ......................... 1, 2
3. Trial Period............................... 2
4. Union Security............................. 2
5. Wages ..................................... 2 - 4
6. Hours of Work.............................. 4, 5
7. Vacations.................................. 5 - 9
8. Holidays................................... 9 - 11
9. Equal Division of Work..................... 11
10. Payment of Wages and Checkoff.............. 11, 12
11. Insurance.................................. 12
12. Machine-Down-Time and Waiting Time......... 12, 13
13. Reporting Pay.............................. 13
14. Bereavement Pay............................ 13
15. Civil Rights............................... 13, 14
16. Union Label................................ 14,15
17. Military Service........................... 15
18. Other Factories and Contractors............ 15, 20
19. Home Work.................................. 20
20. Discharges................................. 20
21. Grievance and Arbitration Procedure........ 21
22. Stoppages and Lockouts..................... 21
23. Other Conditions of Employment............. 21, 22
24. More Favorable Practices................... 22
25. Successors................................. 22
26. Introduction of Technological Changes...... 22, 23
27. Separability............................... 23, 24
28. Safety and Health Committee................ 24
29. Jury Duty.................................. 24
30. Voluntary Checkoff of Political Contributions 25
31. Leaves of Absence.......................... 25
32. Federal Funds.............................. 25
33. Child Care................................. 25, 26
34. "S.U.B" Program........................... 26
35. National Health Insurance.................. 26
36. Organizational Hiring...................... 26, 27
37. More Favorable Conditions.................. 27
37. Term of Agreement.......................... 27
B. INSURANCE & RETIREMENT SUPPLEMENTAL AGREEMENT
(10/1/93)................................................................ EXHIBIT I
C. LABEL AGREEMENT.......................................................... EXHIBIT II
D. LOCAL ISSUES LETTER
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AGREEMENT dated as of October 1, 1993, between the CLOTHING
MANUFACTURERS ASSOCIATION OF THE UNITED STATES OF AMERICA, on behalf of itself
and each of its members, here-inafter referred to as the "Association" (a
member of the "Association" being hereinafter referred to as the "Employer"),
and the AMALGAMATED CLOTHING AND TEXTILE WORKERS UNION on behalf of its joint
boards and/or local unions, hereinafter collectively referred to as the
"Union".
WHEREAS the members of the Association and the Union are parties to
collective bargaining agreements dated as of October 1, 1990, and the parties
have requested modification of certain of the provisions of the said
agreements, and
WHEREAS the parties have reached agreement, and
WHEREAS the parties desire that the provisions herein-after set forth
in the instant agreement shall be incorp-orated in all new agreements to be
entered into between the Union and members of the Association and/or market
associa-tions of members of the Association by appropriate provision in such
agreements, each of which new agreements is herein-after referred to as the
"Agreement".
NOW, THEREFORE in consideration of the mutual covenants, promises and
agreements herein contained, the parties hereto agree as follows:
I
COVERAGE:
The term "Employee" as used in each of the agreements to be executed
by and between each market association, if any, and/or individual Employer and
each Joint Board or local union shall include all production and maintenance
employees of each individual Employer with such additions and deletions as
shall be mutually agreed to between the individual Employer and each Joint
Board and/or local union, providing however, that the term "Employee" shall not
include Executives, Supervisors, Administrative, Professional, confidential or
payroll employees or Guards as defined by the National Labor Relations Act, as
amended.
II
UNION RECOGNITION:
A. The Employer recognizes the Union as the exclusive collective
bargaining agent for his employees with reference
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to wages, hours and working conditions.
B. The Employer shall recognize and deal with such
representatives of the employees as the Union may elect or appoint and shall
permit such representatives elected or appointed by the Union to visit his
plant at any time during working hours in accordance with existing rules.
C. The Employer agrees to make available to the Union such
payroll and production records as the Union may reasonably require as the
collective bargaining agent and/or contracting party hereunder.
III
TRIAL PERIOD:
The term "trial period" for new employees as used in each of the
agreements to be executed by and between each market association, if any,
and/or individual Employer and each joint board or local union shall continue
to be defined as provided in their most recent agreements. No trial period,
however, may exceed six (6) weeks.
IV
UNION SECURITY:
In the manner and to the extent permitted by law, membership in the
Union on completion of the trial period of each new employee or on and after
the thirtieth day following the actual effective date of this Agreement,
whichever is later, shall be required as a condition of employment of each
employee; in the event that the trial period is less than thirty (30) days,
membership of new employees shall not be required until thirty (30) days after
the date of hire; all employees who are now members or hereafter become members
of the Union shall, as a condition of continued employment, remain members
during the term of this Agreement to the extent permitted by law.
The provisions of this paragraph shall not apply in any State
where such provision is contrary to the law thereof.
V
WAGES:
A. Wage Increases:
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1. Time Rate Employees:
(a) Effective October 4, 1993, the Employer shall grant a wage
increase of twenty (20) cents per hour to all time rate employees.
(b) Effective October 3, 1994, the Employer shall grant a wage
increase of ten (10) cents per hour to all time rate employees.
2. Piece Rate Employees:
(a) Effective October 4, 1993, the Employer shall incorporate into
all existing piece rates a wage increase of twenty (20) cents per hour.
(b) Effective October 3, 1994, the Employer shall incorporate into
all existing piece rates a wage increase of ten (10) cents per hour.
3. In the event an employee is regularly and formally scheduled
to work more or less than forty (40) hours per week, or more or less than
thirty-six (36) hours per week in the case of cutters in those markets where
cutters uniformly have a regular work week of thirty-six (36) hours per week,
the payments in paragraphs 1 and 2 above shall be adjusted pro rata.
B. Wages shall be paid in accordance with the schedule of wage
rates except that such schedule may be modified as expressly provided in this
Agreement. In the event that an Employer has not heretofore incorporated a cost
of living bonus into the piece rates he shall continue to have the right to do
so.
C. In the event that any of the operations of the Employer are
changed or new operations are added, piece rates for such operations shall be
mutually agreed upon between the Union and the Employer and shall become
effective as of the time that such operation is changed or new operation begun.
The new piece rates shall maintain the average earnings of the employees
prevailing at the time that the operation is changed or new operation begun.
It is understood that the phrase "maintain the average earnings of the
employees" refers to maintaining the average earnings of the section, and not
to individual employees within the section.
D. If an employee is temporarily transferred from one job or
operation to another at the request of the Employer,
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he shall, while working on the job or operation to which he has been
transferred, be paid his average earnings prevailing at the time of the
transfer. The conditions to apply upon permanent transfer shall be mutually
agreed upon by the Employer and the Union at the time of such transfer.
E. Minimum Guarantee: No employee shall receive less than 25
cents per hour above the then applicable federal or state minimum wage rate
(whichever is higher) upon the completion of the employee's trial period. This
provision shall not supersede or be substituted for locally negotiated higher
time or piece rate minimums heretofore existing.
F. Various special arrangements have been negotiated with respect
to the dates upon which wage increases became effective, the dates concerning
the vacation periods and pay, holiday pay, and call in pay for those members of
the Clothing Manufacturers Association of the USA who are
"Tailors-To-The-Trade". Because of the varying practical considerations as they
apply to the Tailors-To-The-Trade, it is agreed that these issues shall be
reserved for adjustment by the individual firms and the Locals and/or Joint
Boards concerned, by mutual agreement.
VI
HOURS OF WORK:
A. Regular Work Week: The regular hours of work for all
employees shall be eight (8) hours in any one day, from Monday to Friday
inclusive. The time when work shall begin and end each day shall be agreed upon
by the Employer and the Union.
B. Overtime: Time and one-half shall be paid for all work
outside the regular daily hours. No work shall be performed on a Saturday
except by mutual agreement of the parties. Time and one-half shall be paid for
all work performed on Saturday irrespective of the number of hours worked
during the week. No work shall be performed on a designated holiday except by
mutual agreement of the parties and, if agreed upon, at double time. Overtime
pay for work on a designated holiday shall be in addition to holiday pay to
which the employee is entitled pursuant to the paragraph dealing with holidays.
C. Notice of Overtime: The Employer agrees to give reasonable
notice to the employees and the appropriate union shop committee representative
when overtime is to be worked.
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D. Where operating engineers, firemen, oilers or watchmen
are required to work on holidays or Saturdays which fall during their regular
work week, the question of the rate of pay for work performed on such
holidays or Saturdays by such employees is referred for negotiation to each
market association, if any, and/or individual Employer and each joint board
or local union.
E. It is the intent of this Article VI that where it has been the
actual past practice to pay overtime after a work week of forty (40) hours
such practice shall continue.
VII
VACATIONS:
A. Vacation Period: It is mutually agreed that there shall be
the following vacation periods for employees entitled to vacation pay as
hereinafter provided.
1. The Summer Vacation Period shall be two consecutive weeks
beginning with the last full week in the month of July in each
year unless the Individual Employer and the Joint Board and/or
Local Union mutually agree upon some other two consecutive weeks
during the summer months.
2. The Christmas Vacation Period which shall be the week in
which Christmas Day falls in each year.
3. Fourth Week of Vacation: Any employee with 20 years, or
more, of employment with an Employer or predecessor employers
is entitled to a fourth (4th) week of paid vacation to be taken
during the ensuing twelve (12) month period following the date
that the employee reaches 20 or more years of employment. The
schedule of vacations by section shall be fixed by mutual
agreement with the Union in accordance with the needs of
production. Individual employees may bid for an available week
in order of section seniority or such other rotational system as
mutually agreed to with the Union. If mutually agreed to with the
Union at the local level, an employee may elect to work during
the employee's week of vacation at straight time in addition to
vacation pay. The amount of time off and pay shall be he same as
the preceding Winter vacation.
4. In the event that a paid holiday falls within the vacation
period, employees entitled to holiday pay shall be entitled to
such holiday pay in addition to vacation pay hereinafter provided.
B. Eligibility and Pay for Employees Employed Prior
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to October 1, 1985:
1. For the Summer Vacation Period
(a) All employees who have been on the payroll of the
Employer for at least six (6) months prior to the commencement of the
Summer Vacation period and, except as hereinafter provided, who are on
such payroll at the commencement of the Summer Vacation Period are eligible
for a paid vacation.
(b) The amount of each employee's vacation pay for the
Summer Vacation Period shall be determined in the manner set forth in this
subparagraph. If the employee has been on the payroll of the Employer:
(i) Six (6) months but less than nine (9) months, he shall
receive one-half of one week's pay,
(ii) Nine (9) months but less than one (1) year, he shall
receive three-fourths of one week's pay,
(iii) One year or more, he shall receive two (2) week's
pay.
(c) (i) First Week: In the case of hourly and weekly
employees, one week's pay shall be the employee's current regular weekly
rate. In the case of piece work employees, one week's pay shall be forty (40)
times the individual employee's straight time average hourly earnings for the
four (4) consecutive busiest weeks of the current vacation year beginning June
1st in the previous calendar year and ending May 31st in the current vacation
year including the full amount of the wage increase paid on October 4, 1993
and October 3, 1994, as applicable. If an employee did not work in each of
said four (4) weeks, his vacation pay shall be forty (40) times his straight
time average hourly earnings for the four (4) busiest consecutive weeks of the
vacation year in which he did work all four (4) weeks including the full amount
of the wage increase paid on October 4, 1993 and October 3, 1994, as applicable.
(ii) Second Week: An eligible employee who has worked
not less than 1000 hours in the 12 months beginning June 1st in the previous
calendar year and ending May 31st in the current vacation year shall receive
for his second week's vacation pay the same amount as the employee's vacation
pay for the first week.
For eligible employees who worked less than 1000
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hours during the entire aforesaid twelve (12) months period, the second
week's vacation pay shall be two and one-half per cent (2-1/2%) of the
employee's straight time earnings in the twelve (12) months beginning June
1st in the previous calendar year and ending May 31st in the current vacation
year.
2. For the Christmas Vacation Period
(a) All employees who have been on the payroll of the
Employer one year or more prior to December 1st and, except as hereinafter
provided, who are on such payroll at the commencement of the Christmas
Vacation Period are eligible for a paid Christmas vacation.
(b) The amount of each employee's vacation pay for the
Christmas Vacation Period shall be determined in the manner set forth in
this subparagraph:
(i) an employee who has worked not less than 1000 hours in
the entire aforesaid twelve (12) months period,
(a) if an hourly or weekly employee, he shall receive
his current rate less three-quarters of the wage increase paid on October 4,
1993 or October 3, 1994, as applicable.
(b) if a piece work employee, he shall receive forty
(40) times his straight time average hourly earnings for the four (4)
consecutive busiest weeks of the current vacation year, beginning December
1st in the previous calendar year and ending November 30th in the current
vacation year, which average hourly earnings shall be adjusted by
three-quarters of the wage increase paid on October 4, 1993, or October 3,
1994, as applicable.
(ii) an employee who worked less than 1000 hours in the
entire aforesaid twelve (12) months period shall receive two and one-half
per cent (2-1/2%) of his straight time earnings in the twelve (12) months
beginning December 1st in the previous calendar year and ending November 30th
in the current vacation year.
C. Eligibility for Employees Employed After October 1, 1985:
Each employee hired by the Employer on or after October
1, 1985 shall receive vacations with pay in accordance with the following
requirements:
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(i) On completion of 1 year of service, 1 week vacation
at the next ensuing regularly scheduled vacation period (either winter or
summer, whichever comes first).
(ii) On completion of 2 years of service, 2 weeks of
summer vacation except that an employee who first becomes eligible for 2
weeks of vacation prior to the winter vacation shall receive one week of winter
vacation and one week of summer vacation.
(iii) On completion of 3 years of service, 2 weeks of summer
vacation and one week of winter vacation.
Time off and pay for each week's vacation shall be determined
by the applicable provisions of the existing agreement with respect to the
employee's working time during the year.
D. General Conditions:
1. An employee otherwise eligible for a paid vacation
shall not be deemed ineligible because of the fact that he is temporarily
laid off or ill at the commencement of the vacation period. The Impartial
Chairman is expressly empowered to determine in accordance with the
arbitration procedure provided in this Agreement whether an employee,
discharged prior to the commencement of a vacation period but otherwise
eligible for a paid vacation, shall be entitled to vacation pay.
2. An employee who has been in the employ of the Employer
a sufficient length of time to have earned a paid vacation as herein set forth
but whose employment has been terminated because of termination of business or
the closing of a plant, shall be entitled to vacation pay pro-rated as of the
date of termination of employment.
3. Vacation pay as hereinabove provided shall be paid on
the pay day immediately preceding the applicable vacation period.
4. Where an employee has been permanently and formally
scheduled to work less than the regular work week for his operation the
eligibility and vacation pay schedule for such employee shall be adjusted
pro-rata. The 1000 hours requirement contained in paragraph B above shall be
similarly pro-rated.
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5. Retired and Permanently Disabled Employees:
Employees who, during any vacation year, retire under the
terms of the Amalgamated Pension Plan or receive Federal Old Age Social
Security Retirement Benefits, or become totally and permanently disabled
so as to become eligible for and subsequently receive disability insurance
benefits pursuant to the Social Security Act, as amended, shall receive
pro-rata vacation pay for the vacation year, measured from the commencement of
the preceding vacation periods, summer, Christmas, and, where applicable, the
fourth week, to the date last worked. The vacation pay herein provided shall
be paid upon presentation to the Employer of the Certificate of Eligibility
issued by the Amalgamated Insurance Fund or the Certificate of Award issued by
the Social Security Administration, as appropriate.
6. It is agreed and understood that for Tailors-To-The-Trade
the Christmas Vacation Period shall be either Christmas Week (as provided in
Article VII A (2) or New Year's Week as mutually agreed by and between the
Tailors-To-The-Trade and the Union.
7. Anything to the contrary notwithstanding contained in this
Article VII, the Union shall have the right to present to the Employer the
question of vacation pay for the Christmas vacation period on behalf of an
employee who does not qualify for same because he was employed after December
1st but prior to Christmas Day during the previous calendar year. If agreement
between the Union and the Employer is not reached the Impartial Chairman is
expressly empowered to settle said matter.
8. For the purposes of Section B and C, employees who have
completed a probationary period with an employer in contractual relations with
the Union and who have been unemployed because of layoff or plant closing and
are reemployed in the same local market within one year of loss of employment
shall receive credit for each year of employment with the prior employer.
VIII
HOLIDAYS:
A. 1. Subject to Paragraph F, all employees shall be entitled to
the following eleven (11) holidays with pay:
New Year's Day Thanksgiving Day
Friday after Thanksgiving Day
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The National Observance
of Martin Luther King, Jr's.
Birthday
Christmas Day
Washington's Birthday Last Weekday Prior to the
Commencement of Christmas
Memorial Day Vacation
July 4th Good Friday or
Washington's Birthday
Labor Day
2. The Employer and the Joint Board and/or Local Union may by
mutual agreement substitute other holidays for one or all of the following
holidays:
Washington's Birthday
Memorial Day
Last weekday prior to the commencement of
Christmas vacation
Good Friday *
* If Washington's Birthday or Good Friday, or both, are not celebrated in
the market, the day celebrated for the day shall be subject to this paragraph.
3. All such holidays shall be paid for irrespective of the day of
the week on which the holiday falls.
Should any of the above holidays fall on Sunday, the day celebrated
as such shall be considered the holiday.
B. In the case of hourly and weekly employees, the pay for each
holiday shall be one-fifth (1/5) of the employee's current regular weekly
rate. In the case of piece workers the employee's pay for each holiday shall
be eight (8) times the employee's straight time average hourly earnings as such
earnings were computed for the purpose of determining the first week's
vacation pay for the Summer Vacation Period immediately preceding such holiday.
C. Notwithstanding the provisions of this paragraph, it is understood
that holiday pay shall not be paid any employees if the Employer's factory is
shut down in all his manufacturing departments for five (5) consecutive weeks
as follows:
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1. The entire two (2) weeks immediately preceding the week in which
such paid holiday occurs; and
2. The entire week during which such paid holiday occurs; and
3. The entire two (2) weeks immediately following the week in which
such paid holiday occurs.
D. Any worker who is absent without reasonable excuse on the work
day before or the work day after a holiday shall not be entitled to holiday
pay.
E. Tandem or Consecutive Holidays: The "day before and after" rule
shall apply to all holidays with the exception that should separate holidays
fall either simultaneously or successively, an employee absent (without
reasonable cause as heretofore defined) either the day before or the day after
shall lose only one of the holidays. In the event an employee is absent
(without reasonable cause as heretofore defined) both the day before and the
day after, the employee shall lose holiday pay for all intervening holidays.
F. Trial Period, Intervening Holidays: If a holiday falls within the
initial trial period, the employee shall receive his holiday pay on the first
full pay period following the successful completion of the trial period. If
the employee does not complete the initial trial period for any reason no
holiday pay is payable. This paragraph shall not apply to employees who have
completed their initial trial period with any employer in contractual relations
with the Union.
IX
EQUAL DIVISION OF WORK:
During any slack season or whenever there is insufficient work, the
available work shall be divided, insofar as is practicable, equally among all
regular employees of the Employer in order that continuity of employment
may be maintained unless the Employer and the Union shall mutually agree upon
a layoff and the conditions applicable thereto.
It is understood that this clause has been mutually interpreted to
provide for seniority of the employee as the basis for layoff and this
interpretation has been reflected in local agreements.
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X
PAYMENT OF WAGES AND CHECKOFF:
A. The Employer agrees that he shall pay his employees on a
prescribed day in each week.
B. The Employer shall deduct from the wages of his employees
upon written authorization of the employees, union dues, initiation fees
and assessments. The amounts deducted pursuant to such authorization shall
be transmitted at int-ervals to the properly designated official of the Union,
to-gether with a list of names of the employees from whom the deductions
were made on forms to be provided by the Union. Sums deducted by the
Employer as union dues, initiation fees or assessments shall be kept
separate and apart from the general funds of the Employer and shall be
deemed trust funds. The aforesaid intervals are to be fixed by each market
association, if any, and/or individual Employer and each joint board or
local union.
XI
INSURANCE:
A: The Employer agrees to contribute sums of money equal to a
stated percentage of his payroll to The Amalgamated Insurance Fund (social
insurance and retirement), as provided in Exhibit I annexed hereto, the terms
and provisions of said Exhibit I being specifically incorporated hereby
by reference.
B: The Employer agrees to provide checkoff of voluntary
contributions for any employee who elects participation in the "National
Plus" program as now maintained by the Union under the Textile Fund Program.
XII
MACHINE-DOWN TIME AND WAITING TIME:
An employee paid on a piece rate basis who is required to wait
for work due to machine breakdown beyond his control shall be compensated at
the rate of the employee's average hourly earnings for all such waiting
time in excess of fifteen minutes (15) minutes per day. An employee paid on
a piece rate basis who is required to wait for work due to cause beyond
his control other than for machine breakdown shall be compensated at the
rate of the employee's average hourly earnings for all such waiting time in
excess of thirty (30) minutes per day. However, in no event will the combined
unpaid machine down time and waiting time exceed thirty (30)
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minutes per day. Any employee who finds it necessary to wait for work
shall, on each such separate occasion, notify his immediate supervisor both
at the beginning and end of such waiting period. Payment for waiting time
shall cover only such time as follows such notification. The Employer may
transfer such employees to another machine or job during waiting time.
When transferred to another machine during machine down time, on the same
job, the employee will be paid piece rate earnings. In addition to the
grievance and arbitration procedure set forth in Paragraph A of Article XXI of
this Agreement any dispute or question as to the interpretation of this Article
may be referred to the national office of the Association and the Union.
XIII
REPORTING PAY:
Employees who report for work at their regular starting time, or at
such other hour designated by the Employer, shall be paid their established
time or piece rate earnings for all work performed between the hour they report
for work and the hour that they are dismissed, but in no event shall they be
paid less than six (6) hours, or four (4) hours on Saturday. This clause shall
not apply in the event of power failure, fire or other cause over which the
Employer has no control. In the case of the first five (5) hours of call in
pay, failure of other employees to report for work shall be considered cause
over which the Employer has no control only if an emergency arises which it
could not foresee and it had taken adequate steps to train and provide relief
workers. Excessive absenteeism shall relieve the Employer of the obligation to
pay the sixth hour of call in pay.
XIV
BEREAVEMENT PAY:
A. An employee who has been on the payroll of the Employer
for six (6) months or more shall be granted bereavement pay in the event
of a death in the immediate family of the employee.
B. The immediate family is defined as father, mother, grandfather,
grandmother, sister, brother, spouse, children, grandchildren, mother-in-law,
father-in-law, brother-in-law, and sister-in-law.
C. Bereavement pay shall be based on the employees'
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daily time or piece rate earnings as established for the purpose of
holiday pay.
D. Bereavement pay shall be paid for the day before, the day of and
the day following the funeral, when these days fall on days the employee
would otherwise have worked. In the event that the death occurs outside the
United States and notice thereof does not reach the employee until after the
funeral, Bereavement Pay shall be paid for the three (3) days following
receipt of notice provided that such days are days on which the employee would
otherwise have worked.
E. No bereavement pay will be granted unless the employee
notifies the Employer and requests leave. At his discretion, the Employer
may require evidence of death and kinship.
XV
CIVIL RIGHTS:
1. The Employer and the Union shall not discriminate nor perpetuate
the effects of past discrimination, if any, against any employee or
applicants for employment on account of race, color, religion, creed, sex,
or national origin. This clause shall be interpreted broadly to be
co-extensive with all federal, state or local anti-discrimination laws
and, where available, judicial interpretations thereof.
2. Representatives of the Employer and the Union shall meet to
review compliance with this provision and to mutually agree upon such steps as
are necessary to achieve compliance. If, upon failure to so mutually agree,
either party invokes the arbitration procedures of this Agreement to resolve
the dispute, the Impartial Chairman shall fashion his award to grant any
and all relief appropriate to effectuate this Article.
XVI
UNION LABEL:
The Employer agrees to affix copies of the label of the Amalgamated
Clothing and Textile Workers Union to men's and boys' clothing including,
without limitation, single pants manufactured by the Employer or by
registered Union con-tractors in behalf of the Employer, all as provided in
Exhibit II annexed hereto, the terms and provisions of said Exhibit II
being specifically incorporated herein by reference. In addition thereto,
the Employer agrees that the size ticket placed on each garment shall contain
a legend to the effect that the same is manufactured by ACTWU Union labor.
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The exact wording to be affixed on the size ticket shall be set by mutual
agreement between the Clothing Manufacturers Association of the USA and the
International Union.
XVII
MILITARY SERVICE:
In the event that an employee enlists or is conscripted into the
Armed Forces of the United States of America or is called into service as
a member of the National Guard or Army, Navy, Air Force or Marine Corps
Reserves, he shall, upon his discharge from service, be reinstated with all
his rights and privileges enjoyed by him at the time he entered service;
provided, that he shall request such reinstatement within the period fixed by
law and provided that the Employer shall have the right to discharge any person
whom he hired by reason of the entry into military service of the person to be
reinstated.
XVIII
OTHER FACTORIES AND CONTRACTORS; OUTSOURCING
Part one - other factories and contractors:
A. During the term of this Agreement the Employer agrees
that he shall not, without the consent of the Union, remove or cause to be
removed his present plant or plants from the city or cities in which such
plant or plants are located.
B. During the term of this Agreement the Employer may with
the consent of the Union manufacture garments or cause them to be
manufactured for his own business use in a factory other than his present
factory or factories provided his factory or factories have and continue
to have full employment and provided further that such other factory or
factories are under contract with the Union.
C. The Employer further agrees that he shall send work only
to such Union contractors designated by agreement of the parties herein. The
Employer emp1oying contractors agrees simultaneously with the execution
of this Agreement to execute a contractor registration statement, the
terms and conditions of which shall be specifically incorporated herein by
reference.
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D. It is agreed that imports other than corduroy clothing
not made in Union shops, are within the scope of Article XVIII. The
Employer shall notify the Union of its intentions as to such corduroy
clothing, and the quantities involved and shall make available to the Union
all pertinent documentation involved in such transaction. In the event
corduroy clothing becomes an important production item in shops under
contract with the Union, this exception to Article XVIII shall be
subject to renegotiation upon reasonable notice from the Union, then
existing commitments shall not be interfered with.
Part two - outsourcing:
A. Permissible outsourcing
During the term of this agreement and subject to all of the
conditions contained herein the Employer shall be permitted to
outsource no more than 10% of its current contract year's production.
The remaining 90% is to be manufactured in its facilities covered by
this agreement. Outward processing production (known as "807" or 807 A"
production) will be defined as outsourced products. Further,
outsourcing will not excuse the participating firm from making needed
investment in its domestic facilities and equipment. Any Employer who
outsources hereby commits to invest in improved physical plant, equipment
and EDI systems in its own facilities.
B. Notification
The Employers must give the Union advance notification of its planned
outsourcing. Said notification shall include:
1. The number and types of units the Employer plans to outsource:
2. The reasons why the outsourcing is planned;
3. Name & location of the source
The Union shall have the opportunity to find a suitable alternative
source within one week of said notice.
C. Guarantees
If, during the term of this agreement, an Employer outsources
more than an experimental level of production it shall, for each contract year
during which it outsources, guarantee that its current full time employees
work at least 1470 hours, in addition to vacations and holidays during
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said contract year. An experimental level of production is defined as the
greater of 1000 units or 2% of the domestic production in the preceding
contract year to a maximum of 3000 units.
For the purpose of this Agreement, a suit or overcoat/topcoat should
count as 1 unit; a coat as 2/3 of a unit; a pair of pants as 1/3 of a unit and
a vest as 1/6th of a unit.
Such hours as are not worked (1) at the option of the employee
or because the employee is not available for employment, (2) because of
power failure, fire or other cause over which the firm has no control
as defined in the Reporting Pay provision of the Collective Bargaining
Agreement (but not including short time for lack of sales), and (3) hours
otherwise compensated for pursuant to the firm's Collective Bargaining
Agreement with the Union, shall be counted toward fulfilling the
guarantees.
For each unit outsourced pursuant to this Agreement, the Employer
shall pay $1.00 per unit divided among all of the employees of the
Employer on the payroll as of the beginning and the end of the contract
year, as a holiday bonus, not later than December 15 following the end of each
contract year for which the employer is required to make such payments
pursuant to the outsourcing agreement. This payment, if the employee so
elects, may be made by the Employer to the National Plus 401(K) program
which will make such arrangements as are necessary to receive said payments.
An Employer electing to participate in an outsourcing program
shall so notify the Joint Board Manager and the Union's International
President with respect to the planned outsourcing by certified mail, RRR.
The Union's one week period to fins a suitable alternative to the outsourcing
shall begin to run upon earliest receipt of that notice. All reports and
information required by the National Agreement with respect to the
outsourcing program shall be made to the Joint Board Manager and to the Union's
International President.
D. shipping
The Firm shall receive and ship all units subject to this Article only
in facilities under contract with the union.
E. Records
The Union shall be provided such records as are required to monitor
compliance with the terms of this Article, in addition to all other rights with
respect to inspection of records guaranteed to it under the Collective
Bargaining Agreement. The information shall be kept confidential. Any breach
of
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such confidentiality shall terminate the right of the Union to examine such
records upon the decision of an arbitrator that the union did indeed breach
the confidentiality agreement.
F. Continuation of Contracting
Unless the Employer brings work, that had been performed by its
existing contractors, into its facilities covered by this agreement, it shall
during any contract year in which it outsources production continue to supply
work to contractors at such levels as supplied in the previous year.
Contractors shall include all contractors of shoulder pads, coats fronts,
sponging and examining, to the extent now contracted. The measure of damages
payable to the Union for failure to supply the amount of work required by the
preceding sentence shall be that applied to other violations this article.
G. Damages
Claims that any Employer is in violation of this Article shall be
resolved through the grievance and arbitration provisions of this Agreement. If
the Arbitrator finds that the Employer has violated this Article by outsourcing
in excess of the limits set forth herein, the Arbitrator shall impose damages
equal to one and one half times the unit labor cost of these outsourced units
in excess of the limit. Said damages shall be paid to the Joint Board that is
party to an Agreement with the Employer for distribution to the affected
employees.
STANDARDS:
It is agreed that all Employers will comply with the following work
standards in any outsourcing:
Wages:
Companies will only do business with partners, contractors or other
sources who provide wages and benefits that comply with any applicable law and
provide a living wage defined as a specified market-basket of consumerism
priced in local currency and adjusted for inflation in the country from which
the product is being sourced.
Workinq Hours:
Companies will only do business with partners,
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contractors or other sources outside the United States that comply with all
applicable laws and will not utilize a source who requires more than a 48
hour work week and does not provide at least one day off in each seven days.
Forced or Compulsory Labor:
In the manufacture of its products. Companies will not work with
business partners that use forced or other compulsory labor, including
labor that is required as a means of political coercion or as punishment
for holding or for peacefully expressing political views. Companies will
not purchase materials that were produced by forced prison of other
compulsory labor and will terminate business relationships with any
sources found to utilize such labor.
Child Labor
Companies will not work with business partners that use child labor.
The term "child" generally refers to a person who is less than 14 years of
age, or younger than age for completing compulsory education if that age is
higher than 14. In countries where the law defines "child" to include
individuals who are older than 14, Companies will apply that definition.
Freedom of Association:
Companies will use business partners that share a commitment to
the right of Employees to establish and join organizations of their own
choosing, and abide by international standards as specified by the
ILO regarding freedom of association.
Companies will assure that no employee is penalized because of
his or her exercise of this right. Companies recognize and respect the
right of all employees to organize and bargain collectively, and to strike.
Discrimination:
Companies will not use business partners who discriminate on the
basis of personal characteristics rather than people's ability to do the job.
They will not utilize partners who use corporal punishment or other forms
of mental or physical coercion.
Safe and Healthy Work Environment:
Companies will have business partners that provide
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employees a safe and healthy workplace and that do not expose workers to
hazardous conditions.
Continued Violators:
If the Union determines that countries or companies have repeatedly
violated the foregoing work standards or are pervasive violators of
human rights, it shall notify the Employer and give it 60 days to remedy
the violations. If the union chooses it may take the alleged violations to
binding expedited arbitration. If the union proves its case, the company
shall cease to contract with that country or company.
Monitoring
Employers and the ACTWU shall periodically monitor the compliance
of their contractors/suppliers with the above standards and reports of
this monitoring will be made available to the other party.
XIX
HOME WORK:
None of the Employer's work may be performed in the homes of the
employees.
XX
DISCHARGES:
No employee covered by this Agreement shall be discharged
without just cause. The Union shall present all complaints of discharge
without just cause to the Employer within seven (7) days after the
discharge. If the complaint cannot be adjusted by mutual consent, it shall
forthwith be submitted to the Impartial Chairman designated in each local or
market agreement for determination pursuant to the procedure provided.
The Impartial Chairman shall issue his decision and award within seven (7)
days from the conclusion of the hearing and the discharge in dispute. If the
Impartial Chairman finds that the employee was discharged without just cause,
he shall order reinstatement and may require the payment of back pay
in such amount as in his judgment the circumstances warrant. This paragraph
shall not apply to an employee during his trial period.
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XXI
GRIEVANCE AND ARBITRATION PROCEDURE:
A. Any complaint, grievance or dispute arising under, out of or
relating directly or indirectly to the provisions of an agreement between each
market association, if any, and/or individual Employer and each joint board or
local union, or the interpretation or performance thereof, shall in the first
instance be taken up for adjustment by a representative of the Union and a
representative of the Employer. Any and all matters in dispute, including a
dispute concerning the interpretation or application of the arbitration
provision, which have not been adjusted pursuant to the procedure therein
provided, shall be referred for arbitration and final determination to the
Impartial Chairman therein designated. The details of the grievance and
arbitration procedure thus provided are expressly reserved to each of said
market associations, if any, and/or individual Employer and each joint board or
local union for negotiation and joint agreement.
B. Except as expressly provided otherwise in this Agreement, with
respect to any dispute subject to arbitration or any claim, demand, or act
arising under the Agreement which is subject to arbitration, the procedure
established in this Agreement for the adjustment thereof shall be the exclusive
means for its determination. No proceeding or action in a court of law or
equity or administrative tribunal shall be initiated with respect thereto other
than to compel arbitration or to enforce, modify or vacate an award. This
paragraph shall constitute a complete defense to or ground for a stay of an act
instituted contrary hereto.
XXII
STOPPAGES AND LOCKOUTS:
The Employer and the Union agree that there shall be no stoppages or
lockouts during the term of this Agreement.
XXIII
OTHER CONDITIONS OF EMPLOYMENT:
1. All conditions of employment not negotiated nationally and not
expressly provided for herein are reserved to each of said market associations,
if any, and/or individual Employer and each joint board or local union for
negotiation and joint agreement, subject to the terms of the Local Issues
letter.
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2. The terms, provisions and items which were the subject matter of
and settled by the 1993 negotiations will be uniformly adopted by all Joint
Boards, Local Unions and Employers without change.
XXIV
MORE FAVORABLE PRACTICES:
Any custom or practice existing in the plant of an Employer at the
time of the execution of this Agreement more favorable to the employees than
the provisions hereof shall be continued as heretofore. It is understood that
this clause is to be mutually interpreted to provide that prior contrary past
practices do not prevail over subsequently negotiated contract provisions, such
as Paragraph D of Article XXVI.
XXV
SUCCESSORS:
In the event the Employer merges or consolidates with, or its business
is acquired by another person, firm or corporation, the Employer shall remain
bound by all of the terms and provisions of this Agreement for the full term
hereof.
XXVI
INTRODUCTION OF TECHNOLOGICAL CHANGES, ETC.:
A. The Union has long cooperated with Employers in the introduction
of new machinery, changes in manufacturing techniques, and technological
improvements in clothing plants. This policy has been established by mutual
agreement, generally on a market level, between the Employer and the Union.
Underlying such agreement has been the recognition of these basic conditions:
(a) wages of the affected workers were not to be reduced, and (b) workers were
not to be thrown out of employment. Such policy is reaffirmed and shall
continue to be dependent, preferably by mutual agreement on a market level.
B. If, however, in the event that the introduction of any such new
machinery, changes in manufacturing techniques and technological improvements
would not, in the opinion of either party be consistent with the maintenance
of the aforesaid basic conditions, then the Association and the Amalgamated
Clothing and Textile Workers Union shall each appoint a committee which jointly
shall study and seek to resolve the problems attendant upon such change.
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C. Subject to the foregoing basic conditions (a) and (b) of paragraph
A above, the scope of the general arbitration clause shall remain in full force
and effect and applicable to all covered by this Agreement.
D. To provide for reasonably comparable implementation of the basic
conditions set forth in Article XXVI, including the definition of technological
change, the Employer and the Union shall utilize the following guidelines in
the absence of mutually satisfactory guidelines heretofore established on a
market or local union level. Where an Employer contemplates such a
technological change, the Employer shall give prior notice to the joint board
or local union. Rates for such newly introduced or changed machinery shall be
established by mutual agreement. While employed on the newly introduced or
changed machinery, a worker shall be paid wages earned plus the difference, if
any, between the expected earnings under the newly established rate and his
prior earnings. Workers in the affected operation shall not be thrown out of
employment, instead, if a job is available on a substantially equivalent
operation, with the opportunity for substantially equivalent earnings, a worker
may be transferred to such job and, during a period of retraining equal to the
normal training period for similarly experienced workers, shall be guaranteed
his former average hourly earnings. If such a job is not available, the worker
shall have the option of (a) accepting another job with a guarantee, during a
period of retraining equal to the normal training period for similarly
experienced workers, of his former average hourly earnings, or (b) severance
pay in such amounts as shall be mutually agreed to by the Employer and the
joint board or local union. A worker electing to take a job which is not on a
substantially equivalent operation with the opportunity for substantially
equivalent earnings may subsequently elect to take severance pay, in which
event such severance pay shall be reduced by any make-up pay paid pursuant to
the normal training program applied. In the event the worker elects to take
severance pay, such worker shall retain for one year his seniority and recall
rights to his former job or section.
XXVII
SEPARABILITY:
Should any part or provision of this Agreement be rendered or declared
illegal by reason of any existing or
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subsequently enacted legislation or by any decree of a court of competent
jurisdiction or by the decision of any authorized government agency,
such invalidation of such part or provision shall not invalidate the
remainder thereof. In such event, the parties agree to negotiate
substitute provisions.
XXVIII
SAFETY AND HEALTH STUDY COMMITTEE
Whereas eliminating occupational safety and health hazards for
employees in the men's and boys' tailored clothing industry is to the
mutual benefit of the Association and the Union, the parties to this
Agreement shall form and maintain a joint Labor-Management Safety and Health
Study Committee.
The Committee shall be composed of equal numbers of
representatives selected by the Association and by the Union.
The Committee shall hold meetings as often as necessary for the
purpose of developing the means and structure to undertake joint safety
and health studies to analyze occupational hazards in the industry and to
suggest appropriate measures for control of such hazards.
A Safety and Health Study Committee will be established in each
plant. It will meet regularly at dates, times, and places to be
determined by local management after consultation with the Union. The
employees shall be paid their established time rate or piece rate average
by the Employer while attending such meetings.
XXIX
JURY DUTY
An employee called for involuntary trial jury duty will be paid the
difference between the pay received for such jury duty and his straight
time average weekly earnings (calculated for the eight (8) weeks
immediately preceding such jury duty) for the period of such jury duty.
The employee shall present a receipt for the amount of jury duty pay
received. An employee who receives a notice to serve as a juror must notify
his Employer not later than the next work day. If the Employer deems it
necessary to have the employee excused from jury duty, the Union and the
employee agree to cooperate in seeking to have the employee excused.
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XXX
VOLUNTARY CHECKOFF OF POLITICAL CONTRIBUTIONS
The Employer agrees to deduct from the wages of its employees
who are Union members and who voluntarily authorize such contributions on
forms provided for that purpose, contributions to Amalgamated Clothing
and Textile Workers Union-Political Action Committee. The amounts
deducted pursuant to said voluntary authorizations shall be transmitted
to the Treasurer of ACTWU-PAC at monthly intervals. These transmittals
shall be accompanied by a list of the names of those employees for
whom such deductions have been made and the amount deducted for each such
employee.
The Union shall reimburse the Employer for any expenses incurred due
to this provision.
XXXI
LEAVES OF ABSENCE
Leaves of absence shall be granted for justifiable personal
reasons. The Employer may limit the number of leaves for personal
reasons granted at any given time to avoid an unreasonable effect on
the Employer's ability to operate. Such leaves may be limited to an initial
period of two (2) weeks with extensions granted by mutual agreement.
All other leaves of absence for reasons, including but not limited
to, illness, injury, pregnancy or Union purposes, shall be granted for
such periods and under such circumstances as have been heretofore
granted in each Market or local area.
XXXII
FEDERAL FUNDS:
The Union shall cooperate with the CMA and its members to
facilitate the availability of federal funds for training programs.
XXXIII
CHILD CARE:
A. Parental leave:
An employee may receive six (6) weeks of unpaid
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parental leave (not including leave granted pursuant to the leave of
absence clause) within any two (2) year period to attend to the employee's
seriously ill or new born child.
B. Child care Facilities:
The Employer and the Union shall establish local committees
to study the availability of child care facilities.
XXXIV
"S.U.B." PROGRAM
Should the employees of an Employer agree to purchase additional
insurance coverage provided by the Amalgamated Insurance Company, or
Supplemental Medical Insurance coverage provided by the Amalgamated Life and
Health Insurance Company, the Employer shall check off the employees' cost of
the program, upon presentation of proper authorization, and pay the same
over to the insurance company as required by the contract between the
employees and the insurance company, as applicable.
XXXV
NATIONAL HEALTH INSURANCE:
The inflationary spiral affecting health care costs in the United
States has caused the parties concern over the continued viability of their
insurance program. Therefore, the parties agree that it would benefit the
insurance program and the employees who are covered by this Agreement if an
appropriate National Health Insurance Program is enacted. It is further
agreed that the National Clothing Industry Labor-Management Committee
shall meet to determine the best way to mount a joint campaign in support of
the establishment of an appropriate National Health Insurance Program and
to implement such a campaign.
XXXVI
ORGANIZATIONAL HIRING
The Employer agrees that it will hire employees who have been
discharged from other employers during an organizing campaign conducted
by the Union. The Employer is not required by this Section to hire
an employee who is not qualified to perform the job that is being applied for.
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The Employer is not required to employ such applicants if it does
not have jobs available. Any employee hired under this Section is subject
to the Employer's regular probationary period for new employees.
The Employer is not required to unlawfully give preference
to employees applying under this Section.
The Union will hold the Employer harmless for any liability,
including but not limited to attorney's fees, imposed by enforcement of
this clause.
XXXVII
MORE FAVORABLE CONDITIONS
If the Union enters into any agreement with any manufacturer
of Men's and/or Boys tailored clothing which has previously resigned from the
CMA and which provides any term or condition more favorable to that employer
than any term or condition contained in this agreement, then upon written
notice given by the Clothing Manufacturers Association of the United States
of America, Inc., such terms or conditions shall automatically be
extended to the Employer members of the Clothing Manufacturers Association
of the United States of America, Inc., who are parties to and covered by
this Agreement. Such Employer members of the Clothing Manufacturers
Association of the United States of America, Inc. shall have the right
to make such terms or conditions retroactive to the effective date of such
terms or conditions in the agreement containing such more favorable terms
or conditions.
XXXVIII
TERM OF AGREEMENT
This Agreement shall be effective upon the date hereof and shall
remain in full force and effect until midnight, April 30, 1995. It shall
be automatically renewed from year to year thereafter unless on or before
March 1, 1995, or March 1, of any year thereafter, notice in writing by
certified mail is given by either the Association or the Amalgamated
Clothing and Textile Workers Union to the other of its desire to propose
changes in this Agreement or of intention to terminate the same, in either
of which events this Agreement shall terminate upon the ensuing April 30th.
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IN WITNESS WHEREOF the parties hereto have caused their signatures
to be affixed effective the day and year hereinabove first written.
CLOTHING MANUFACTURERS ASSOCIATION OF THE
UNITED STATES OF AMERICA on behalf of
itself and each of its members
By:__________________________________________
Homi B. Patel
President
AMALGAMATED CLOTHING AND TEXTILE WORKERS UNION
on behalf of itself and its joint boards and
local unions
By:____________________________________________
Jack Sheinkman
President
agmt-93
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(10/1/93B)
AMALGAMATED INSURANCE FUND
INSURANCE AND RETIREMENT
SUPPLEMENTAL AGREEMENT DATED AS OF October 1, 1993
between (herein called the
"Employer") and of the AMALGAMATED
CLOTHING AND TEXTILE WORKERS UNION (herein called the "Union").
WITNESSETH:
WHEREAS, the Employer and the Union have executed a Collective
Bargaining Agreement (herein called the "Collective Bargaining Agreement") which
is now in full force and effect, and
WHEREAS, the Employer has agreed to contribute sums of money to a fund
or funds to be used to provide pensions or other retirement benefits, life,
medical care, hospitalization, accident and health insurance, and other
insurance benefits and health care services to employees employed in the men's
and boy's clothing industry, including medical care and hospitalization for the
families of such employees, and an educational assistance program for eligible
children of such employees, and to execute a supplemental agreement in the form
of this Supplemental Agreement providing funds for certain of the above
described benefits, and
WHEREAS, the Employer has heretofore entered into one or more prior
supplemental agreements with the Union for the purpose of providing funds for
certain of the above described benefits, and
WHEREAS, it is the intention that this Supplemental Agreement shall
supersede all prior supplemental agreements from and after October 1, 1993,
NOW THEREFORE, in consideration of the premises the Union and the
Employer agree that the Collective Bargaining Agreement shall be supplemented as
follows:
1. Definitions:
(A) The term "employees of the Employer" as used in this
Supplemental Agreement means all of the employees of the Employer within the
collective bargaining unit fixed by the Collective Bargaining Agreement,
including employees during their trial period.
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(B) The term "gross wages" as used in this Supplemental
Agreement means all of the wages of the employees (as defined in sub-paragraph
(A) hereof) including cost of living bonuses, and vacation, holiday and
bereavement pay, but excluding employer contributions, if any, to any savings
or similar plan for the benefit of the employer's employees.
2. This Supplemental Agreement shall supersede all prior
supplemental agreements from and after October 1, 1993; provided, however, that
all sums of money paid or payable by the Employer under any prior supplemental
agreement to the Trustees designated in one or more Agreements and Declarations
of Trust which accompanied, and were made part of, said prior supplemental
agreements (insofar as any part of such sums of money so paid to said Trustees
have not been expended or applied by said Trustees in accordance with the
provisions of said prior supplemental agreements and prior agreements and
declarations of trust) shall be applied by the said Trustees to the purposes set
forth and provided for in said prior supplemental agreements and agreements and
declarations of trust, and subject to the provisions therein contained.
3. A. (i) Commencing on the pay day for the week of October 4,
1993, and weekly thereafter, through and including January 2, 1994 the Employer
shall pay to the Trustees (hereinafter called "Trustees") designated under an
Agreement and Declaration of Trust, as most recently amended as of January 1,
1992, the terms and provisions of which Agreement and Declaration of Trust are
herein specifically incorporated by reference, 18.24% of the gross wages
payable for each pay period to all the employees of the Employer together with
$14.00 per week per employee for each employee who performed any work during a
week for which he is entitled to receive pay. Except as provided in and subject
to the provisions of paragraph 1 of the Agreement and Declaration of Trust, the
said 18.24% and $14.00 shall be credited to the Retirement Fund and the Social
Insurance Fund as follows:
(a) 9.83% of gross wages shall be credited to the
Retirement Fund.
(b) 8.41% of gross wages plus the $14.00 per employee
shall be credited to the Social Insurance Fun.
(ii) Commencing on the pay day for the week of
January 3, 1994, and weekly thereafter, the Employer shall pay to the
Trustees (hereinafter called "Trustees") designated under an Agreement and
Declaration of Trust, as most recently amended as of January 1, 1992, the terms
and provisions of which Agreement and Declaration of Trust are herein
specifically incorporated by reference, 20.33% of the gross wages payable for
each pay period to all the employees of the Employer together with $16.67 per
week per employee for each employee who performed any work during a week for
which he is entitled to receive pay.
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Except as provided in and subject to the provisions of paragraph 1 of the
Agreement and Declaration of Trust, the said 20.33% and $16.67 shall be
credited to the Retirement Fund and the Social Insurance Fund as follows:
(a) 10.33% of gross wages shall be credited to the
Retirement Fund.
(b) 10.00% of gross wages plus the $16.67 per employee
shall be credited to the Social Insurance Fun.
B. The Trustees may at any time and from time to time determine that
as of an effective date thereafter the Employer contributions (including
investment income) paid or payable to them shall be credited to the Retirement
Fund and to the Social Insurance Fund, respectively, in such proportions as they
determine. Such Employer contributions paid or payable from the effective date
of each such determination until the effective date of the subsequent
determination shall be credited to the Retirement Fund and/or the Social
Insurance Fund in accordance with such determination. The Trustees may invoke
the procedures provided in the Agreement for the collection of sums due should a
contributing Employer incur liability for withdrawal from the plan because of
the provisions of the Multi-employer Pension Plan Amendments Act of 1980 (MPPAA)
as amended.
C. All of the foregoing sums shall be administered and expended by the
Trustees pursuant to the provisions of the said Agreement and Declaration of
Trust, as amended as of January 1, 1992, for the purpose of providing benefits
upon their retirement, and life, accident and health insurance, and such other
forms of group insurance for medical care and hospitalization, and to provide
health care services, or to provide for the reimbursement of the costs thereof,
as the Trustees may reasonably determine, to employees employed by the Employer,
and employees employed by other employers, including affiliates of the
Amalgamated Clothing and Textile Workers Union (herein called the
"Amalgamated"), for whom contributions are made to the Amalgamated Insurance
Fund in the amounts set forth in this paragraph, all of whom are members of the
group embraced within the general plan in the men's and boy's clothing industry,
and also to provide medical care, health care services, or to provide for
reimbursement of the costs thereof and hospitalization for the families of such
employees, and educational assistance for the eligible children of such
employees. The Employer agrees that it shall make all provisions and adjustments
as are required to put the Opt-out program into effect.
D. The parties agree that the Trustees, pursuant to the authority
vested in them by the said Agreement and Declaration of Trust as amended, shall
study and review the Social Insurance Plan. If they should determine, based on
a written determination of the Plan Administrator and/or the actuaries servicing
the Social Insurance Fund, that a greater contribution is required to the Social
Insurance Fund to maintain the level of benefits provided by the Social
Insurance Fund, they shall fix and determine the amount of contribution payable
by the employer to maintain the level of benefits provided by the Social
Insurance Fund. The employer agrees to pay the amount so fixed.
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4. The Employer shall furnish to the Trustees, upon request,
such information and reports as they may require in the performance of
their duties under any of the agreements and declarations of trust. The
Trustees, or any authorized agent or representative of the Trustees, shall have
right at all reasonable times during business hours to enter upon the premises
of the Employer and to examine and copy such of the books, records, papers and
reports of the Employer as may be necessary to permit the Trustees to determine
whether the Employer is fully complying with the provisions of paragraph 3
hereof.
5. No employee or member of his family shall have the option to
receive instead of the benefits provided for by any of the Agreements and
Declarations of Trust any part of the contributions of the Employer. No employee
or member of his family shall have the right to assign any benefits to which he
may be or become entitled under any of the Agreements and Declarations of Trust
or to receive a cash consideration in lieu of such benefits either upon
termination of the trust therein created, or through severance of employment or
otherwise.
6. A. This Supplemental Agreement and the Collective
Bargaining Agreement and the Agreement and Declaration of Trust shall be
construed as a single document, and all of the provisions of the Collective
Bargaining Agreement relating to the administration and enforcement thereof
shall apply to the administration and enforcement of this Supplemental
Agreement, provided, however, that any controversy, claim, complaint, grievance
or dispute between the parties hereto arising out of or relating to the
provisions of this Supplemental Agreement or the interpretation, breach,
application or performance thereof, shall be referred by the Union, the Trustees
or the Employer for arbitration and determination as hereinafter provided:
(1) Millard Cass, Esq., or his designee, is designated as the
Arbitrator under this Supplemental Agreement. In the event of the unavailability
of the said Millard Cass, Esq., or his designee, a successor Arbitrator shall be
appointed in writing by the Clothing Manufacturers Association of the United
States of America and the Amalgamated. In the event they cannot agree on a
successor, he shall be appointed forthwith by the American Arbitration
Association upon application of the Trustees, the Amalgamated or the Clothing
Manufacturers Association of the United States of America.
(2) The powers of the Arbitrator and the procedures for
arbitration hereunder shall be as hereinafter provided. The decision, order,
direction, award or action of the Arbitrator shall be final, conclusive, binding
and enforceable in a court of competent jurisdiction.
In addition to the powers which the Arbitrator may possess pursuant to
the within Supplemental Agreement or by operation of law, in the event of any
breach or threatened breach of this Supplemental Agreement, the Arbitrator,
after a hearing, may issue an award providing for a mandatory direction or
prohibition.
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The Arbitrator also shall have the authority, in such case as he shall
deem proper, to order the Employer to pay all insurance and related claims to
the extent of the schedule of benefits established from time to time by the
Trustees, which arise during any period of suspension or cancellation of
insurance coverage caused by non-payment by the Employer of the required
contributions to the Fund, and which claims remain unpaid because of said
non-payment.
The Arbitrator shall also have the authority in such case as he shall
deem proper to include in his award against the Employer the reasonable costs of
collection, including, but not limited to, the Arbitrator's fees, legal fees,
interest, liquidated damages, auditing and accounting costs; providing, however,
that no costs of collection shall be awarded against the Employer unless the
said award shall also find that the Employer has failed to perform and comply
with the terms and provisions of this Supplemental Agreement.
The parties consent that any papers, notices or processes, including
subpoenas, necessary or appropriate to initiate or continue an arbitration
hereunder to enforce, confirm, vacate or modify an award, may be served by
certified mail directed to the last known address of the Employer, the Union and
the Trustees.
The Union or the Employer or the Trustees may call such arbitration
hearing by giving five (5) days notice by certified mail or two (2) days notice
by telegram to the other parties. The Arbitrator, however, if he deems it
appropriate, may call a hearing on shorter notice. The parties consent that
arbitration hearings shall be heard at such place as the Arbitrator may
designate.
The parties agree that the oath of the Arbitrator is waived and consent
that he may proceed with the hearing on this submission. In the event a party to
arbitration should default in appearing before the Arbitrator, the Arbitrator is
hereby empowered to take the proof of the party or parties appearing and render
an award thereon.
The Employer's pertinent books, vouchers, papers and records shall be
available for examination by duly authorized representatives of the Arbitrator
to determine whether there is full compliance with the terms of this
Supplemental Agreement.
B. In the event that the Union receives written notice from
one or more of the Trustees, designated by the Trustees for that purpose, that
the Employer has failed to pay in full any sum due the Trustees under paragraph
3 hereof and that such failure has continued for five (5) days, the Union may
direct its members to discontinue work in the plant of the Employer and to
discontinue work upon clothing being manufactured for the Employer by
contractors until all sums due from the Employer under paragraph 3 hereof have
been paid in full. The remedy provided for in this sub-paragraph shall be in
39
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addition to all other remedies available to the Union and the Trustees, and may
be exercised by the Union, anything in the Collective Bargaining Agreement to
the contrary notwithstanding. Payment by the Employer under protest shall be
without prejudice to his right to contest the correctness of the Trustees'
demand.
C. The Trustees, in their own names as Trustees, may also
institute or intervene in any proceeding at law, in equity, or in bankruptcy for
the purpose of effectuating the collection of any sums due to them from the
Employer under the provisions of paragraph 3 hereof.
7. In the event that legislation is enacted by the Federal Government
levying a tax or other exaction upon the Employer for the purpose of
establishing a federally administered system of life, health, accident, medical
care or hospitalization insurance under which the employees of the Employer are
insured, the Employer shall be credited against the sums payable under paragraph
3 hereof for each pay period, with the amount of such tax or exaction, payable
by him for such pay period, provided that the amount of such credit shall in no
event exceed the amount required to be paid at that time to provide benefits
other than retirement.
The Health Insurance for the Aged Act (known as Medicare) as enacted on
July 30, 1965 is not legislation within the scope of this paragraph, and the
Employer is not entitled to any credit against the sums payable under paragraph
3 hereof for any payments made to support the programs and/or benefits provided
for in the said Act.
8. The provisions of this Supplemental Agreement shall remain in full
force and effect for the full term of the Collective Bargaining Agreement and of
any extensions or renewals thereof, but shall terminate and come to an end with
the Collective Bargaining Agreement or any extension or renewal thereof, or
prior thereto by an instrument in writing executed by the Clothing Manufacturers
Association of the United States of America and the Amalgamated and approved by
the Board of Directors of the Clothing Manufacturers Association of the United
States of America and the General Executive Board of the Amalgamated.
Notwithstanding the foregoing, and if the Clothing Manufacturers Association
shall enter into a new national collective bargaining agreement during the term
of this Agreement and said Agreement changes the rate and/or allocation of
Employer contributions under paragraph 3 hereof, the Employer expressly agrees
to contribute at the rate called for in the said national agreement as of the
effective date thereof.
9. The primary purpose of this Supplemental Agreement and the said
Agreement and Declaration of Trust being to provide a practical plan for
retirement benefits for employees, and life, accident and health insurance, and
health care services and other insurance benefits for employees and their
families, it is understood that the form of the plan, and of this Supplemental
Agreement and of the Agreement and Declaration of Trust, shall not give rise to
a literal or formal interpretation or construction. Such interpretation or
construction shall be placed on this Supplemental Agreement, and the Agreement
and Declaration of Trust, as will assist in the functioning of the plan, for the
benefit of employees and their families, regardless of form.
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10. In no event will the Employer be entitled to the return of any part
of any contribution made hereunder.
11. Regardless of the date on which the within Supplemental Agreement
shall be executed, the within Supplemental Agreement shall be effective as of
October 1, 1993, with the same force and effect as if it had been actually
executed on that date.
12. Neither the execution of this Supplemental Agreement nor any
provision herein contained, or contained in any other agreement affecting the
same, shall be deemed to release the Employer from any contribution or
contributions provided for in any prior supplemental agreement or agreements and
which have become due and payable to the Trustees referred to in any such
supplemental agreement or agreements, and not yet paid to such Trustees.
IN WITNESS WHEREOF, the parties hereto have caused this
Supplemental Agreement to be executed by their duly authorized representatives
as of the day and year first above written.
----------------------------------------------
Employer
BY
--------------------------------------------
---------------------------------------
TITLE
_______________________________________ of the
Amalgamated Clothing and Textile Workers Union
BY
--------------------------------------------
----------------------------------------
TITLE
Address of Employer:
- -------------------
Street
- -------------------
City, State and Zip
41
EXHIBIT II
LICENSE AGREEMENT made as of the day of 199 ,
between of the AMALGAMATED CLOTHING AND TEXTILE WORKERS
UNION (herein called the "Licensor") and/or the AMALGAMATED CLOTHING AND
TEXTILE WORKERS UNION, NEW YORK, NEW YORK (herein called the "Amalgamated"),
and the EMPLOYER (herein called the "Licensee").
WHEREAS, the Amalgamated, a labor organization, has designed, adopted
copyrighted and registered and is now the owner of labels for the identification
of men's and boys' clothing which is the product of the labor of its members, a
facsimile of which is as follows:
UNION MADE IN U.S.A.
ACTWU
AMALGAMATED
CLOTHING & TEXTILE
WORKERS UNION
The foregoing labels are herein referred to severally as the "suit
label", "garment label" and the "trouser label" and collectively as the
"labels"; and
WHEREAS The Amalgamated has authorized the Licensor, if any, to enter
into this License Agreement; and
WHEREAS, the Licensee, a manufacturer of men's and/or boys' clothing,
is in contractual relations with the Licensor and/or the Amalgamated under a
collective bargaining agreement in which the Licensee has agreed to affix copies
of the labels to men's and boys' clothing manufactured by the Licensee to
identify such clothing as the product of members of the Amalgamated and to meet
the demand of the consuming public.
NOW, THEREFORE, the Licensor and/or the Amalgamated and the Licensee
agrees as follows:
1. The Licensor and/or the Amalgamated grants the Licensee a
non-exclusive and non-assignable license to affix copies of the labels supplied
by the Amalgamated to men's and boys' clothing manufactured by the Licensee only
for its own use or the use of any other manufacturer licensed by the Licensor,
the Amalgamated, or any of its affiliates; or, for the Licensee by contractors
registered by the Licensee pursuant to the provisions of the said collective
bargaining Agreement. This License shall not extend to any garments
42
manufactured by the Licensee or by its registered contractors for any
other manufacturer not licensed by the Licensor, the Amalgamated or any of its
affiliates.
2. The Licensee shall affix copies of the labels to all appropriate
garments as follows:
(a) a copy of the suit or garment label to every coat forming a
part of a suit and to every sport coat, topcoat, and overcoat, and
(b) a copy of the trouser label to every pair of single pants
(but not to pants forming a part of a suit)
manufactured by the Licensee or for the Licensee by registered contractors.
3. The Licensee shall cause all copies of labels supplied by the
Amalgamated to be sewed to the garments to which they are affixed by
machine (and not by hand) during the process of construction. The Licensee shall
not deliver any copies of the label or permit them to be delivered to any
retailer or other person except as parts of the garments to which they have been
affixed in the factory of the Licensee or the Licensee's contractors.
4. The Amalgamated shall supply the Licensee with copies of labels in
such quantities as the production of the Licensee requires.
5. Promptly upon receipt of bills therefor from the Amalgamated the
Licensee shall pay the Amalgamated for copies of suit or garment labels
delivered to the Licensee at $10.00 per thousand and trouser labels at
$5.00 per thousand.
6. The Licensee shall not copy the labels, cause them to be copied, or
obtain copies thereof except from the Amalgamated pursuant to the provisions of
this Agreement.
7. This License Agreement shall automatically terminate, without
notice from the Amalgamated and the right of the Licensee to use the labels
shall immediately cease in the event that:
(a) The existing collective bargaining agreement between the
parties terminates by lapse of time or otherwise and is not
extended or renewed, with or without modifications; or
(b) The General Officers of the Amalgamated determine that the
Licensee has violated any of the terms or conditions of employment
provided in the aforesaid collective bargaining agreement or the
terms of this
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43
License Agreement. However, the right of the Licensee to use the
label shall not be terminated until an opportunity is given to the
Licensee to appear and be heard before the General Officers of the
Amalgamated.
8. In addition to the Label herein provided for, each garment sold by
the Licensee bearing a size ticket shall have imprinted on the said size
ticket a legend to the effect that the same is manufactured by ACTWU labor, or a
facsimile of the union label. The exact copy to be printed on the size ticket
shall be set by mutual agreement between the Clothing Manufacturers Association
of the USA and the International Union. The text shall be the copyright of the
CMA and the Union and may be used only so long as the Licensee shall have the
right to use the labels pursuant to Paragraph 7 above.
9. In the event of the termination of this License Agreement, the
Licensee shall forthwith deliver to the Amalgamated all copies of labels then in
the Licensee's possession or control, and forthwith cease and desist from using
size tickets bearing the legend provided for in Paragraph 8 above.
10. The exclusive right to institute legal proceedings for any
unauthorized use of the labels shall remain in the Amalgamated, but the
Amalgamated shall not be liable to the Licensee for any failure to institute
such proceedings.
IN WITNESS WHEREOF, the parties have hereunto set their hands and
seals as of the day and year first above written.
______________________________________________ of the
AMALGAMATED CLOTHING AND TEXTILE WORKERS UNION,
Licensor
By___________________________
_____________________________
Licensee
By___________________________
Approved:
AMALGAMATED CLOTHING AND TEXTILE WORKERS UNION
By: /s/ Jack Sheinkman
President
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44
October 1, 1993
Homi B. Patel, President
Clothing Manufacturers Association
of the United States of America
1290 Avenue of the Americas
New York, N.Y. 10104
Dear Mr. Patel:
The purpose of this letter is to delineate the Union's understanding of
the issues and procedures to be followed in handling "local issues."
1. The term "local issues," subject to the procedures of Paragraphs 4
and 5 of this letter shall not include any item included by either party in the
national negotiations leading to the agreement of October 1, 1993.
Notwithstanding any of the foregoing, in the event any employer or union
affiliate in the ninety days following execution of the National Agreement,
wishes to propose changes in contract language, contract interpretation or
method of contract provision implementation they may do so in writing. In such
event, the employer and the union shall discuss in good faith the proposed
modifications, provided however, that failure to agree shall not be subject to
arbitration nor lead to a waiver of the no strike/no lockout provisions of the
agreement, and provided further that no proposed modification may be implemented
without the mutual consent of both parties.
2. The Union and the Employer will furnish the other with a list of
its "local issues" as soon as practicable. It is understood, however, that
either party may add additional "local issues" during the negotiations.
3. "Local issues" shall include but are not limited to:
a. Non-discriminatory seniority provisions complying with Title
VII requirements and meeting, to the extent legally permissible,
existing local procedures.
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45
b. Utilization of employer contributions for local benefit programs.
c. Time work and piece work minima for those classifications
set forth in Schedule A to the collective bargaining agreement
dated June 1, 1971 or otherwise provided by local and/or market
agreements but not including a general piece work minimum.
d. Additions to (but not including office clerical employees unless
heretofore included in joint board or local market agreements) or
eliminations from the unit definition contained in Article I of
the National Agreement.
4. Negotiations on local issues will begin as soon as possible after
the conclusion of national bargaining.
5. Local issues shall be resolved by local bargaining within ninety
(90) days, unless such period is extended by mutual agreement. Local issues
not resolved within such period shall be submitted to arbitration under the
procedures set forth in the appropriate local collective bargaining agreement.
The arbitration of such issues shall be determined on the substantive merits of
the issue without regard to the existing terms of the collective bargaining
agreement.
6. It is specifically agreed that the term of the Collective
Bargaining Agreement shall be provided by the settlement reached during national
bargaining, even though local negotiations have yet to be concluded.
Very truly yours,
AMALGAMATED CLOTHING AND TEXTILE
WORKERS UNION
Jack Sheinkman
President
ACCEPTED
CLOTHING MANUFACTURERS ASSOCIATION
OF THE U.S.A., INC.
Homi B. Patel
President
2