AGREEMENTCollective Bargaining Agreement |
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PENN NATIONAL GAMING INC | PENN NATIONAL TURF CLUB, INC.. RealDealDocs™ contains millions of easily searchable legal documents and clauses from top law firms. Search for free - click here. |
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Search Collective Bargaining Agreement by:
Exhibit 10.14
AGREEMENT
between
SPORTS ARENA EMPLOYEES’
LOCAL 137, AFL-CIO
Affiliated with Laborers’ International Union
of North America
and
PENN NATIONAL TURF CLUB, INC.
October 1, 2001 to September 30, 2005
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RULES, REGULATIONS AND PERFORMANCE STANDARDS AND INCENTIVE STANDARDS OR PLANS |
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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
UNION RECOGNITION
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
UNION SECURITY
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
NOTIFICATION TO THE UNION
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
SENIORITY
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
MANAGEMENT RIGHTS
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
WORK BREAKS
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
CHECK-OFF
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
WAGES
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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