AGREEMENT dated May 1, 1995 by and between
Joseph A. Bank Mfg. Co., Inc. (North Ave. Coat Shop, Hampstead
Coat Shop, Brookhill Road Cutting
Floor, Rubin Bldg. Pants
Division & Hampstead Distribution
Center)
(hereinafter referred to as the "Employer" or "Manufacturer" and the BALTIMORE
REGIONAL JOINT BOARD, AMALGAMATED CLOTHING AND TEXTILE WORKERS UNION, an
unincorporated association, for and in behalf of itself and the employees now
employed, or hereafter to be employed by the Employer (hereinafter collectively
referred to as the "Union").
WHEREAS, the employer and the Union are parties to a collective bargaining
agreement dated as of October 1, 1993 and the parties have requested
modification of certain of the provisions of said agreement, and
WHEREAS, the parties have reached agreement, and
NOW THEREFORE, in consideration of the mutual covenants, promises and agreements
herein contained, the parties hereto agree as follows:
ARTICLE I
COVERAGE:
A. The term "Employees" as used in this Agreement shall include all employees of
the Employer except executive, administrative, office clericals, supervisory
and guards as defined in the National Labor Relations Act.
ARTICLE II
UNION RECOGNITION:
A. The Employer recognizes the Union as the exclusive collective bargaining
agent for the employees in the bargaining unit described above with reference 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 its 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.
ARTICLE III
UNION SECURITY:
A. In the manner and to the extent permitted by law membership in the Union on
completion of the trial period of each employee or on and after the 30th day
following execution 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 in the Union shall not be required
until thirty (30) days after date of employment. All employees who are now
members or hereafter become members of the Union shall, as a condition of
continued employment, remain members in good standing during the term of this
Agreement.
B. Trial Period: Hampstead Coat Shop, Brookhill Road Cutting Floor, and
Distribution Center and North Avenue Coats and Pants; All new experienced
employees shall have a trial period of two (2) weeks. All new inexperienced
employees shall have a trial period of ninety (90) days.
It is agreed that the Employer shall pay to an employee who has completed his
probationary period indicated in the collective bargaining agreement at least
twenty-five (25) cents an hour above the then existing Federal or State minimum
wage whichever is higher. This provision is not to substitute for or supersede
locally negotiated higher time work and piece work minimum rates, if any exist.
ARTICLE IV
WAGES:
1. Time Rate Employees:
(a) Effective October 2, 1995, the Employer shall grant a wage increase of
twenty (20) cents per hour to all time rate employees.
(b) Effective September 30, 1996, the Employer shall grant a wage increase
of twenty (20) cents per hour to all time rate employees.
(c) Effective September 29, 1997, the Employer shall grant a wage increase
of twenty (20) cents per hour to all time rate employees.
2. Piece Rate Employees:
(a) Effective October 2, 1995, the Employer shall incorporate into all
existing piece rates the equivalent of the time rate wage increase of twenty
(20) cents per hour.
(b) Effective September 30, 1996, the Employer shall incorporate into all
existing piece rates the equivalent of the time rate wage increase of twenty
(20) cents per hour.
(c) Effective September 29, 1997, the Employer shall incorporate into all
existing piece rates the equivalent of the time rate increase of twenty (20)
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, the payments in paragraph 1 and 2 above shall
be adjusted pro rata.
4. During the term of this Agreement the Employer shall, by mutual agreement
with the Union, have the option to incorporate all or any part of the
on-the-clock payments into the piece rates of all piece workers except the June
3, 1968 increase of twenty-five cents (25(cent)) per hour. The 25(cent) per hour
on-the-clock shall not apply to any employee hired after October 1, 1985.
5. Except as otherwise provided in sub-paragraph A hereof, 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.
A. Anything to the contrary herein notwithstanding the Employer shall recognize
and abide by specifications and grades generally prevailing in the clothing
industry. Any change in such specifications affecting grades shall be effective
only when mutually agreed upon by the Employer and the Union.
6. If an employee is temporarily transferred from one job or operation to
another at the request of the Employer, 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.
7. Minima of Schedule "A" shall apply only to indicated operations and workers
thereon.
ARTICLE V
REPORTING PAY:
Employees who report for work at their regular starting time, or at such 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.
ARTICLE VI
HOURS OF WORK:
1. Regular Work Week: The regular hours of work for all employees may 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.
The thirty-six (36) hour week for all manufacturing operations in which it has
been heretofore established shall be maintained.
2. Overtime: Time and one-half shall be paid for all work outside the regular
daily hours. No work shall be performed on Saturday except by mutual agreement
of the parties. Time and one-half shall be paid for all work performed on
Saturdays 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.
3. 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.
ARTICLE VII
MACHINE BREAKDOWN TIME AND WAITING TIME:
An employee paid on 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 (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 minutes per day. Any employee who finds it necessary to wait for
work shall, on each 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 during machine down time, on the same job, the
employee will be paid piece rate earnings.
ARTICLE VIII
VACATIONS:
A. Vacation Period. It is mutually agreed that there shall be the following
vacation periods for the employees entitled to vacation pay as hereinafter
provided.
1. The Summer Vacation Period shall be two consecutive weeks beginning with the
last full week of July and the first week of August, unless the Employer and the
Union shall mutually agree upon some other two consecutive weeks during the
summer months.
2. The Christmas Vacation Period shall be between Christmas Day and New Year's
Day of each year.
3. Fourth Week of Vacation: Any employee with 20 years, or more, of employment,
with the 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 the 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 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. If an employee did not work in
each of the said four (4) weeks, his vacation pay shall be forty (40) times his
straight time average hourly earnings for the four (4) busiest weeks of the
vacation year in which he did work all four (4) weeks. The Company and the Union
have agreed to use the first (1st) calendar quarter (January, February & March)
of the year to compute vacation pay. The full amount of the wage increases
scheduled to be paid on October 2, 1995, September 29, 1996 and September 27,
1997 shall be included 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 hours during the entire
aforesaid twelve (12) months period, the second week's vacation pay shall be two
and one-half percent (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 the following subparagraphs;
(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 scheduled to be paid on October 2, 1995,
September 29, 1996 and September 27, 1997, as applicable.
(b) If a piece work employee, he shall receive forty (40) times his straight
time average hourly earnings for the four (4) busiest weeks of the current
vacation year, beginning December 1st in the previous calendar year and ending
November 30th in the current year, which average hourly earnings shall be
adjusted by three-quarters of the wage increase scheduled to be paid on October
2, 1995, September 29, 1996 and September 27, 1997, as applicable. The Company
and the Union have agreed to use the first (1st) calendar quarter (January,
February & March) of the year to compute vacation pay.
(ii) An employee who worked less than 1000 hours in the entire aforesaid twelve
(12) months period shall receive two and one-half percent (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
vacation pay in accordance with the following requirements:
(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 two 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 1 week
of winter vacation.
D. General Conditions:
1. In the event 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 heretofore provided.
2. 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.
3. 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.
4. Vacation pay as hereinabove provided shall be paid on the pay day immediately
preceding the applicable vacation period.
5. 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
scheduled for such employee shall be adjusted pro-rata. The 1000 hours
requirement contained in paragraph C above shall be similarly pro-rated.
6. Retired and Permanently Disabled Employees:
Employees who, during any vacation year, retire under either an Amalgamated plan
or a Company plan, whichever is in effect at the time of retirement, 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 proof of retirement
or the Certificate of Award issued by the Social Security Administration, as
appropriate.
7. Anything to the contrary notwithstanding contained in this Article VIII, 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 purpose of Section B and C, an employee who has completed a
probationary period with an employer in contractual relations with the Union and
who has been unemployed because of layoff or plant closing and is 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.
ARTICLE IX
HOLIDAYS:
A. 1. All employees shall be entitled to the following eleven (11) holidays with
pay subject to paragraph E:
New Years Day; National Observance of Martin Luther King, Jr.'s Birthday; Good
Friday; Easter Monday; Memorial Day; Independence Day; Labor Day; Thanksgiving
Day; Friday After Thanksgiving Day; Last Weekday Prior to the Commencement of
Christmas Vacation; Christmas Day.
The Employer and the Union may substitute two other holidays for those listed
above, by mutual agreement. Should any of the above holidays fall on Sunday, the
day celebrated as such shall be considered the holiday.
2. All such holidays shall be paid for irrespective of the day of the week on
which the holiday falls.
3. In the event of back-to-back paid holidays, if a worker is absent without
reasonable excuse, either the day before or the day after the paid holiday,
he/she shall lose only one holiday's pay.
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 plus any increase
due at that time. 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, plus any increase due at that time.
C. Any employee who, without reasonable excuse, is absent from work or who does
not work all his/her scheduled hours on the work day before or the work day
after a holiday shall not be entitled to holiday pay. Reasonable excuse shall be
limited to the following:
1. Illness of the employee;
2. Death in the immediate family of the employee;
3. Lack of work for the employee.
D. 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 its manufacturing departments for five (5) consecutive weeks as
follows:
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.
E. 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.
ARTICLE X
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 his immediate
family.
B. The immediate family is defined as father, mother, sister, brother, spouse,
children, mother-in-law, father-in-law, brother-in-law, sister-in-law,
grandmother, grandfather and grandchildren.
C. 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.
D. Bereavement pay shall be based on the employee's daily time or piece rate
earnings as established for the purpose of holiday pay.
E. No bereavement pay will be granted unless the employee notifies the Employer
and requests leave. At its discretion, the Employer may require evidence of
death and kinship.
ARTICLE XI
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 lay-off
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.
ARTICLE XII
PAYMENT OF WAGES AND CHECKOFF:
A. The Employer agrees that he shall pay its 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
intervals to the properly designated official of the Union, together 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 general funds of the
Employer and shall be deemed trust funds. The above mentioned monies are to be
paid to the Baltimore Regional Joint Board, A.C.T.W.U. immediately after it is
collected at least once a month.
ARTICLE XIII
INSURANCE:
The Employer agrees to contribute sums of money equal to a stated percentage of
its payroll to the Amalgamated Insurance Fund (social insurance), and to the
Amalgamated Cotton Garment and Allied Industries Fund (social insurance) as
provided in Exhibits I and II annexed hereto, the terms and provisions of said
Exhibits being specifically incorporated herein by reference. Contributions to
the Clothing Fund are applicable to employees of Hampstead Coat Shop, North
Avenue Coat Shop and Brookhill Road Cutting Floor. Contributions to the Cotton
Fund are applicable to employees of the Rubin Building Pants Division and
Hampstead Distribution Center.
ARTICLE XIV
HEALTH AND WELFARE FUND:
The Employer agrees to contribute sums of money equal to two (2) percent of its
payroll to the Baltimore Regional Joint Board, Amalgamated Clothing and Textile
Workers Union Health and Welfare Fund, to be used to provide health and welfare
benefits to the members. The terms and provisions of Exhibit III being
specifically incorporated herein by reference.
ARTICLE XV
UNION LABEL:
The Employer agrees to affix copies of the label of the Amalgamated Clothing and
Textile Workers Union to men's and boy's clothing including, without limitation,
single pants manufactured by the Employer or by registered Union contractors on
behalf of the Employer, all as provided in Exhibit IV annexed hereto, the terms
and provisions of said Exhibit IV 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. 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.
ARTICLE XVI
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
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
reinstatement within the period fixed by law and provided that the Employer
shall have the right to discharge any person whom it hired by reason of the
entry into military service of the person to be reinstated.
ARTICLE XVII
PART ONE, OTHER FACTORIES AND CONTRACTORS:
A. During the term of this Agreement the Employer agrees that it shall not,
without the consent of the Union, remove or cause to be removed its present
plant or plants from the city or cities in which such plant or plants are
located.
B. Where the Employer has a surplus of work, or its present factories cannot
meet manufacturing requirements, including anticipated quarterly production
needs, because of model or make variations, cost, customer requirements or
scheduling conflicts, the Employer shall inform the Baltimore Joint Board of
the need to contract out, and the Baltimore Joint Board shall have the
opportunity within the next ten (10) calendar days, to meet with the Employer
and suggest alternatives to the subcontracting of the needed work.
Where no alternative to subcontracting is acceptable to the Employer,
the Baltimore Joint Board shall have one (1) calendar week after being so
informed, to refer the Employer to plants in contractual relations with the
ACTWU, and the Employer shall give preference to such plants, provided they are
fully capable of meeting the Employer's scheduling, cost and quality
requirements.
In the event no ACTWU plant is able to meet the Employer's
scheduling, cost and quality requirements, or is available to perform the needed
work within the Employer's time requirements then the Employer shall have the
right to determine the manufacturing facility or facilities in which the needed
garments shall be made and shall notify the Baltimore Joint Board of its choice.
C. It is agreed that imports other than corduroy clothing not made in Union
shops, are within the scope of Article XVII. The Employer shall notify the Union
of its intention 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 XVII
shall be subject to renegotiation upon reasonable notice from the Union, then
existing commitments shall not be interfered with.
D. Subject to the provisions of Part 2 - Outsourcing of this Article, the
Employer agrees that it shall not send out work for cut, make and trim.
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:
1. During the period between October 1, 1994 and September 30, 1995
the Employer may outsource no more than 10% of production;
2. During the period between October 1, 1995 and September 30, 1996
the Employer may outsource no more than 15% of production;
3. During the period between October 1, 1996 and September 30, 1997
the Employer may outsource no more than 20% of production;
4. During the period between October 1, 1997 and September 30, 1998
the Employer may outsource no more than 22% of production.
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.
These "outsourcing" provisions do not apply to production sourced to
domestic facilities within the United States. Such production is governed by the
"Other factories and contractors" provisions contained in Part One of this
Article XVII.
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 and 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 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 up to 10%, 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. Subject to the foregoing provisions, the
Employer shall pay $1.50 per unit for units outsourced between 10% and 15% and
$1.75 for outsourcing above 15%.
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
find 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
such confidentiality shall terminate the right of the Union to examine such
records upon the decision of an arbitrator that the Union did 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 of 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.
Working Hours: Companies will only do business with partners, 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 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.
H. The Employer agrees that none of its work will be performed in the homes of
any employees.
ARTICLE XVIII
DISCHARGES AND DISCIPLINE:
A. 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 be submitted to the Arbitrator hereinafter
designated in this Agreement for determination pursuant to the procedure
provided. The Arbitrator shall issue his decision and award within seven (7)
days from the conclusion of the hearing of the discharge in dispute. If the
Arbitrator 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.
B. In the manner and to the extent permitted by law, it shall not be a violation
of this Agreement nor ground for discharge, discipline or replacement for
employees covered by this Agreement to refuse to cross a picket line or to
refuse to perform work on the clothing of any other employer.
ARTICLE XIX
GRIEVANCE AND ARBITRATION PROCEDURE:
A. Any complaint, grievance or dispute arising under, out of or relating
directly or indirectly to the provisions of this Agreement between the Union or
any employees and the Employer, 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
a member of a panel or arbitrators herein designated, and his decision or award
shall be final, conclusive and binding on all parties; and the parties hereby
stipulate and consent that the Arbitrator may make findings, decisions and
awards which may be enforced by appropriate judgment thereon to be entered in a
Court of Law or Equity.
Any grievance which is submitted to arbitration shall be heard by one of the
members of a panel of three arbitrators, who shall be Jerome H. Ross, Bernard
Cushman and Joseph M. Sharnoff. These arbitrators shall hear grievances on a
rotating basis in order set forth above, provided that if the arbitrator whose
turn it is to hear a grievance cannot meet the timetable set forth herein, the
next available arbitrator shall hear the case and the rotation shall continue
from there. If none of the arbitrators can hear the case within said timetable,
then the arbitrator who can hear it first will be utilized and the rotation will
continue from there.
Hearings shall be held no later than fifteen calendar days after the arbitrator
has received his assignment at a place mutually agreeable to the Union and the
Company. The hearing shall be conducted by the arbitrator in whatever manner
will most expeditiously permit the full presentation of all evidence and
arguments for both parties, provided, however, that the parties shall have the
right to file written briefs with the arbitrator within seven calendar days
following the closing of the hearing record.
The award of the arbitrator shall be rendered no later than ten calendar days
from the day the hearing concluded or the briefs are submitted unless an
extension of time is mutually agreed upon by the parties. A lengthy opinion
shall not be requested or required from the arbitrator. Rather, the arbitrator
is instructed to issue an award and a summary statement of no more than five
pages which briefly sets forth the basis for the award. The parties may request
the arbitrator to notify them of his award by telephone after the award has been
mailed.
The decision of the arbitrator shall be limited to the matter presented to him;
he shall have no authority to amend, alter or change any provision of this
Agreement. The decision of the arbitrator shall be final and conclusive on the
Company, the Union and the employee(s) involved. The arbitrator's fees and
expenses shall be borne equally by the Union and the Company.
In the event of any controversy, the Employer's manufacturing books, vouchers,
papers and records shall be available for inspection by duly authorized
representatives of the arbitrator herein designated to make such examination,
for the purpose of determining the amount of goods cut or being cut, made or
being made, by or for the Employer and for the purpose of ascertaining the names
and addresses of the persons doing such work, and for the general purpose
of determining whether the terms of this Agreement are being fully carried
out.
Except as expressly provided otherwise in the 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 action
instituted contrary hereto.
ARTICLE XX
CIVIL RIGHTS
1. The Employer and the Union shall not discriminate nor perpetuate the effect
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 procedure of the Agreement to resolve the dispute, the Impartial
Chairman shall fashion his award to grant any and all relief appropriate to
effectuate this Article.
ARTICLE XXI
STRIKES, STOPPAGES AND LOCKOUTS
A. This Agreement provides for an orderly adjustment of differences. Strikes,
stoppages, and lockouts are therefore prohibited. If a strike, stoppage or
lockout shall occur then the parties agree that any remedy sought by either
party arising from such act shall be resolved through the medium of the
arbitration machinery and the aggrieved party shall have the right to demand an
immediate hearing on twenty-four (24) hours notice before the Arbitrator.
B. Anything contained in subparagraph A to the contrary notwithstanding:
1. In the event that the Employer violates this Agreement by employing Union
contractors who are not registered by it as required by this Agreement, the
Union shall be free to order a stoppage of the Employer's work in the shop of
such unregistered contractors.
2. Except to the extent that the employment of a non-union contractor is
authorized expressly by Article XVII-Part Two, Outsourcing, in the event that
the Employer violates this Agreement by employing a non-union contractor, the
Union shall be free to take such action, including stoppages, as it deems
appropriate to require the Employer to cease employing non-union contractors.
3. In the event that either party fails to comply with the decision or award of
the Arbitrator within ten (10) days after service of a copy thereof, the other
party shall be immediately free to call a strike, stoppage or lockout as the
case may be.
ARTICLE XXII
LEAVE OF ABSENCE:
Leave of absence shall be granted an employee upon request if the employee is
ill or a member of his immediate family is seriously ill. Illness shall be
certified by a doctor's certificate. Leave on account of illness shall include
leave of absence in maternity cases. Leave of absence shall be for an initial
period of not more than one (1) month. In the event of a leave of absence for
personal illness including maternity, the leave of absence may be extended to an
additional period of one (1) month each up to a total of one (1) year unless the
employee was employed for less than six (6) months. In the event of a leave of
absence because of serious illness in the employee's immediate family, the
initial leave and extension shall not extend for more than three months unless
mutually agreed otherwise. Such employee shall upon return to work from such
leave be reinstated to his previous job. In the case where a job or operation
has been abolished during employee's absence such provision shall apply to
re-employment as would have applied had such employee been at work at the time
the job or operation was abolished.
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.
An employee who becomes a paid officer of the Union shall be entitled to a leave
of absence for the term of his office.
ARTICLE XXIII
MORE FAVORABLE PRACTICES:
Any custom or practice existing in the plant of the 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 XXIV.
ARTICLE XXIV
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 Employer and the Union shall each appoint a committee
which jointly shall study and seek to resolve the problems attendant upon such
change.
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 XXIV, 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 the Employer contemplates such a technological change, the
Employer shall give prior notice to the 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 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.
ARTICLE XXV
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.
ARTICLE XXVI
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.
ARTICLE XXVII
SEPARABILITY:
Should any part or provision of this Agreement be rendered or declared illegal
by reasons of any existing or 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.
ARTICLE XXVIII
VOLUNTARY CHECKOFF FOR POLITICAL CONTRIBUTIONS:
In the event that voluntary authorization to deduct voluntary political
contributions weekly from an individual member's pay is signed, the Employer
agrees to deduct the said amount and remit the said sum to the Baltimore
Regional Joint Board Political Education Committee. The Union shall reimburse
the Employer for any expense incurred due to this provision.
ARTICLE XXIX
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
Employer 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 Employer 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 shall be established in each plant. It will
meet regularly at dates, times, and place 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.
ARTICLE XXX
FEDERAL FUNDS:
The Union shall cooperate with the Employer to facilitate the availability of
federal funds for training programs.
ARTICLE XXXI
A. FAMILY LEAVE:
1. An employees who has been employed by the Employer for at least twelve (12)
months (and who has worked at least 1,250 hours during the twelve (12) months
immediately preceding the employee's request for leave under this paragraph)
shall be entitled to at least twelve (12) weeks of unpaid Family Leave, within
any twelve (12) month period, without loss of seniority rights for the following
reasons:
a. For the birth or placement of a child for adoption or foster care;
or
b. To care for a spouse, child or parent with a serious health
condition as such terms are defined by the Family and Medical Leave Act of 1993
("FMLA"); or
c. To take medical leave when the employee is unable to work because
of the employee's own serious health condition as defined in the FMLA.
2. An employee requesting Family Leave shall present satisfactory proof of the
reason for such leave.
3. Family Leave may be taken on an intermittent basis under 1b) and c) above
when there is a medical necessity for such intermittent leave as provided in the
FMLA.
B. Child Care Facilities: The Employer and the Union shall establish a local
committee to study the availability of child care facilities.
ARTICLE XXXII
SUB PROGRAM:
Should the employees agree to purchase additional insurance coverage provided by
the Amalgamated 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 Amalgamated Life Insurance Company as required by the contract
between the employees and the Amalgamated Life Insurance Company.
ARTICLE XXXIII
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. 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, included but not
limited to attorney's fees imposed by enforcement of this clause.
ARTICLE XXXIV
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 Employer if an appropriate National Health Insurance Program is
enacted. It is further understood 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.
ARTICLE XXXV
MORE FAVORABLE CONDITIONS
If the Union enters into any agreement with any manufacturer of Mens or Boys
tailored clothing that has resigned from the CMA, which provides any terms or
conditions more favorable to that employer than any terms of conditions
contained in this Agreement then upon written notice given by the Employer such
terms and conditions shall automatically be extended to the Employer which 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.
ARTICLE XXXVI
TERM OF AGREEMENT:
This Agreement shall be effective upon the date hereof and shall remain in full
force and effect until midnight April 30, 1998. It shall be automatically
renewed from year to year thereafter unless on or before March 1, 1998, or March
1, of any year thereafter, notice in writing by certified mail is given by
either the Employer or the 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.
IN WITNESS WHEREOF, the parties hereto have caused their signature to be affixed
effective the day and year hereinabove first written.
JOSEPH A BANK MFG. CO.
---------------------------------
BALTIMORE REGIONAL JOINT BOARD,
AMALGAMATED CLOTHING AND TEXTILE
WORKERS UNION
---------------------------------
Manager
AGREEMENT dated May 1, 1995 by and between
Joseph A. Bank Mfg. Co., Inc. (North Ave. Coat Shop, Brookhill
Road Cutting Floor, Hampstead
Coat Shop, Rubin Bldg. Pants
Division & Hampstead Distribution
Center)