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Exhibit 10.14
AGREEMENT
between
SPORTS ARENA EMPLOYEES’
LOCAL 137, AFL-CIO
Affiliated with Laborers’ International
Union
and
PENN NATIONAL TURF CLUB, INC.
October 1, 2001 to September 30, 2005
Table of Contents
This agreement made by and between Mountainview Thoroughbred Racing Association and Penn National Turf Club, Inc., (hereinafter referred to as the “Employer”) and Sports Arena Employees’ Union, Local 137, affiliated with the Laborers’ International Union of North America, AFL-CIO, (hereinafter referred to as the “Union”).
ARTICLE 1
1.1 The Employer hereby recognizes the Union as the sole and exclusive collective bargaining agent for all tellers, admission employees and program sellers at the employer’s non-primary location, and excluding all other employees. Guards, maintenance, audio video, customer service, money room, clerical and supervisory employees shall not be bargaining unit employees as defined in the National Labor Relations Act. In the event the business activity of the Employer warrants, the Employer shall employ a money room counter specifically for the purpose of counting teller receipts only. Any such position shall be included in the bargaining unit and be paid at the appropriate teller rate.ARTICLE 2
2.1 All present unit employees who are members of the Union on the effective date of this Agreement shall remain members of the Union in good standing as a condition of employment.2.2 All new unit employees shall be required as a condition of employment to become and remain members of the Union upon completion of thirty-one (31) calendar days.
ARTICLE 3
3.1 The Employer shall furnish official notices to the Union at the following addresses: Sports Arena Employees’ Local 137, AFL-CIO, Suite 203, 1012 Haddonfield Road, Cherry Hill, NJ 08002.ARTICLE 4
4.1 Seniority shall be defined as the employee’s total length of continuous uninterrupted employment with the Employer. Except as otherwise provided herein, the seniority referred to in this Article is Departmental seniority only.4.2 Seniority shall be based upon the employee’s total hours worked from employee’s last date of employment. In the event that two or more employees have the same seniority, ranking shall be determined by a drawing.4.3 Employees shall accrue seniority only in the department and at the facility in which they are employed except that bargaining committee members shall be credited with time worked for all hours, except for pay.4.4 There shall be separate Admissions and Mutuel Teller seniority lists in each facility. Employees shall accrue seniority credit on only one list even if they have worked at a position on the other list.4.5 The Employer will provide each month current seniority lists by department for each facility and productivity lists quarterly for each facility to the Shop Steward and shall post same.
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4.6 Any employee who seeks to dispute anything regarding Seniority or these lists must file a grievance within the time limitations and pursuant to the grievance procedure or it is waived. Nothing herein shall intend to change the past practice of the frequency at each facility of the periods that seniority lists are utilized to create schedules.4.7(A) All new unit employees shall be required to complete a probationary period which shall be defined as three (3) calendar months. Upon completion of the probationary period, seniority credit shall be given for days worked during the probationary period.
4.7(B) There shall be no seniority among probationary employees.
4.7(C) During the probationary period the Employer may terminate an employee’s employment for any reason without recourse to the grievance procedure by either the union or employees. During the probationary period, an employee shall have no right to file grievances of any kind nor shall the Union have the right to file grievances on behalf of the employee.
4.8 All unit employees are expected to work when scheduled.4.9 The parties agree that scheduling will continue to be done at each facility in accordance with the past practice at each. However, if an employee chooses to reduce their availability as to the number of shifts over the scheduling term, then management shall not be obligated, for up to three (3) calendar months, to reschedule in order to accommodate the employee to reinstate the prior number of shifts.4.10 Employees may not demand to work over forty (40) hours per week, however, any scheduled or foreseen overtime, (i.e., work over forty (40) hours) , shall be offered in the Department by seniority.4.11 Unforeseen work opportunities during that shift shall be offered first to employees in the department and on that shift by seniority.
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4.12 All Admissions department shifts shall be offered to Admissions department employees before being offered, to any Mutuel department employees. Admission-qualified Mutuel employees who are utilized to fill a vacancy in an Admissions position will carry their pay rate and accrue such hours as hours worked within the Mutuel Department for all purposes. However, as with the hours worked in the Customer Service position, time worked in Admissions by Mutuel employees shall not be used against them for the productivity formula or any other purpose.It is understood, that if the Employer is without an Admissions employee, and cannot reduce the number of tellers needed for a particular shift, no offer of “open” Admissions Department work need be made to already scheduled Admissions-qualified mutuel employees. An offer of such work to scheduled and/or to unscheduled tellers shall be made before a work opportunity is provided to a non-bargaining unit employee where there are sufficient Admissions-qualified Mutuel Department employees.
4.13 Upon an approved medical leave or a Family Medical Leave Act leave, seniority shall accrue, but only for hours one would normally be work eligible, up to six (6) months while on an approved leave of absence. However, no one on such leave may accrue greater hours then he could have been eligible but for the leave. After six (6) months the employees status arid accumulated hours shall be maintained or frozen, but no further hours will accrue.4.14 Seniority shall be lost in the following instances:a. Quit;b. Discharge for cause;c. Retirement;
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d. Failure to report for work within three (3) working days after being notified by the Employer or the Union to report for work.e. Unexcused absence. An unexcused absence shall consist of any absence without justifiable cause.f. Layoff in excess of twelve (12) months.4.15(A) Department seniority will be the determining factor in layoff and recall.
4.15(B) Department layoff and recall rights shall be based on (accrued hours) seniority.
4.16 All current bargaining unit employees at Penn National Racecourse shall be considered for employment as non-primary locations. Management shall have sole discretion as to who is qualified, in their opinion, to perform duties at all non-primary locations.4.17 All current bargaining unit employees at non-primary location shall be considered for transfer of employment to another non-primary location. Should such a transfer occur, the employee shall carry their original date of hire and their then current pay rate, but only up to the highest rate in effect at the facility into which they transfer. Such employee who chooses to be transferred shall not carry any seniority credit from their previous location and would be placed at the bottom of the seniority roster, but ahead of all probationary employees.
ARTICLE 5
5.1 Subject to the terms of this Agreement, the Employer retains the right to manage and direct the work force including, but not limited to, the right to control the number of employees to be employed, the right to schedule work and assign and change locations at which work will be performed, the right to designate the equipment to be used and the methods of
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operation, and the right to establish, implement and change reasonable standards of performance, incentive standards or plans, and other rules or regulations, and the right to discipline or discharge for cause. Managerial functions or prerogatives not in conflict with a specific term of this Agreement are retained. It is further understood that management has the right to promote, demote or transfer employees when, in its opinion, such movement is necessary for the proper operation of its business.
ARTICLE 6
6.1 There shall be one 15-minute break for any employee whose work shift is from zero to six hours. There shall be one 15-minute break and one 30-minute break for any employee whose work shift is in excess of six hours. Any and all breaks shall be scheduled at the discretion of management. An additional 15 minute break will be due to any employee who works 8 and 1/2 hours. However, time to “count-out” not included to ‘trigger’ a break.ARTICLE 7
7.1 The Employer shall deduct from the pay of the employees represented by the Union, their established Union dues, fees, and assessments and turn them over to the authorized agent of the Union, by check, after first having received a copy of the signed check-off authorization form executed by the employees, from the Union. Remittance of union dues, fees, and assessments shall be made on a monthly basis. In addition to the deduction of daily working dues, the annual per capita dues, fees and assessments of the Union shall be deducted each year.
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7.2 The Employer agrees to “deduct and transmit to Sports Arena Employees’ Local 137 Political Action Committee contributions for each shift worked from wages of those employees who have voluntarily authorized such contributions on the forms provided for that purpose by the Union. These transmittals shall occur monthly and shall be accompanied by a list of the names of those employees and the amount deducted for each such employee.The Employer further agrees to deduct deposits to the Sports Arena Employees’ Local 137 Union Federal Credit Union upon presentation of an employees signed authorization. These transmittals shall be made weekly to the Credit Union and shall be accompanied by a list of employees from who payroll deductions have been made and the amount deducted for each such employee.
ARTICLE 8
Admissions and Mutuels
8.1 All employees in the bargaining unit shall receive increases to their current pay rate as follows:a. Effective October 1, 2002, all employees shall receive an increase of + $.35/hr. retroactively for all hours worked.b. Upon ratification all hours worked thereafter by any employees making less than $8.20/hr. in Mutuels and $6.75 in Admissions shall immediately receive the necessary increases so as to be at that hourly rate. Thereafter, the starting rates may not be below those rates.c. Effective October 1, 2002 all employees in the bargaining unit shall receive an additional increase of + $.20/hr for all hours worked thereafter.
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d. Effective October 1, 2003, all employees in the bargaining unit shall receive an additional increase of + $.35/hr. for all employees for all hours worked thereafter.e. Effective October 1, 2004, all employees in the bargaining unit shall receive an additional increase of + $.35/hr. for all hours worked thereafter.8.2 If the Employer, but only upon ten (10) days advance notice to the Union Business Manager, raises the initial base rate of pay for newly hired employees (under 8.1 or 8.6 above) then, the base pay for each employee in the same department who has less that none (1) year of service shall also be increases so as to maintain their relative wage against the starting rate. In addition, no unit employee in that department shall receive a base rate of pay which is lower than that of someone hired after them and shall receive such adjustments to assure same. Once such new employee rates and/or the rate for any affected employees are raised, such “raised” rates may not be reduced.8.3 All pay calculations for tellers shall be based upon sign-on and/or sign-off at the nearest quarter hour to the time shown on the Wagering Terminal Voucher. All pay calculations for admissions employees shall be based upon sign-on and/or sign-off at the nearest quarter hour to the time shown on the payroll computer terminal. Employees shall be paid for all time for which the Employer requires their time.8.4 If employees are requested to work two shifts in the same day and there is less than one (1) hour between the end of the first shift and the beginning of the second, the employees shall be paid for that time. However, if there is more than one (1) hour between shifts, the Employer may require that the employees go on unpaid time off for that period.8.5 The Employer will clear the record of any employee who has not committed an offense in 24 months. Should the Employer request to interview an employee under
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circumstances which are likely to lead to that employee being disciplined, the Employer will permit any immediately available shop steward or union representative to be present during the interview. In the event of a flagrant breach of customer service or productivity standards, the Employer shall have the right to terminate such employee immediately, subject to Article 15 and 16 hereof.Mutuels
8.6 The employer retains the right to discipline or terminate the employment of any employee that fails to meet the Employer’s standard for customer service. To this end, it is specifically noted that customer service evaluations will occur throughout the year and will not be announced. The Employer will use its best efforts to inform employees of their evaluations within ten (10) working days. Discipline for failure to meet customer service standards shall be as follows:1. Documented verbal warning;2. Formal written warning;3. 3 day suspension & final warning;4. “Review for Termination” procedure (see attached).8.7 Line supervisors/tellers shall receive an additional one dollar and twenty five cents ($1.25) per hour premium, which has been the compensation for some time.8.8 Customer Service Representatives shall receive an additional $1.25 per hour premium, which has been the compensation for some time, for all time worked. Selection for such positions shall be as in the past practice at each facility. Anyone performing the Customer Service Representative duties shall be paid the additional $1.25 per hour over their base pay except this shall not be paid in addition to the incentive. All such hours shall not count
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negatively for an employees productivity formula, but shall count as hours worked for all purposes including seniority.ARTICLE 9
9.1 Any non-probationary employee who, during the racing meeting, suffers a death in the family as hereinafter defined, shall be entitled to three (3) work days off within, a 7 calendar day period and a member of the family is defined as wife or husband, child, natural, adopted or foster, stepchild, sister, brother, parent or parent-in-law.ARTICLE 10
10.1 The parties hereto agree that should any Article, part or section of this Agreement be declared by a federal or state court of competent and final jurisdiction to be unlawful, invalid, ineffective or unenforceable, said Article, part or section shall not affect the validity and enforceability of any other Article, part or paragraph hereof and the remainder of this Agreement shall continue in full force and effect.10.2 Moreover, anything herein to the contrary notwithstanding, this entire contract is subject to the regulations of the Pennsylvania State Horse Racing Commission, the provisions whereof take precedence over and su |
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