COLLECTIVE BARGAINING AGREEMENT

 

AGREEMENT dated March 1, 2003 by and between

 

 

Joseph A. Bank Mfg. Co., Inc. (Hampstead Distribution

 

Center & Hampstead National Tailoring Service)

 

And

 

Baltimore Regional Joint Board, UNITE

 

 

TABLE OR CONTENTS

 

	Page
ARTICLE I—Coverage	1
ARTICLE II – Union Recognition	1
ARTICLE III – Union Security	2
ARTICLE IV – Wages	3
ARTICLE V – Reporting Pay	4
ARTICLE VI – Hours of Work	4
ARTICLE VII – Equipment Breakdown Time and Working Time	6
ARTICLE VIII – Vacations	6
ARTICLE IX – Holidays	15
ARTICLE X – Bereavement Pay	17
ARTICLE XI – Equal Division of Work	18
ARTICLE XII – Payment of Wages and Checkoff	19
ARTICLE XIII – Insurance	19
ARTICLE XIV – Pensions	20
ARTICLE XV – Health and Welfare Fund	20
ARTICLE XVI – Military Service	20
ARTICLE XVII – Discharges and Discipline	21
ARTICLE XVIII – Grievance and Arbitration Procedure	21
ARTICLE XIX – Civil Rights	23
ARTICLE XX – Strikes, Stoppages and Lockouts	24

 

 

ARTICLE XXI – Leave of Absence	25
ARTICLE XXII – More Favorable Practices	27
ARTICLE XXIII – Jury Duty	27
ARTICLE XXIV – Technological Change	28
ARTICLE XXV – Separability	30
ARTICLE XXVI – Voluntary Checkoff for Political Contributions	30
ARTICLE XXVII – Safety and Health Study Committee	30
ARTICLE XXVIII – Federal Funds	31
ARTICLE XXIX – Sub Program	31
ARTICLE XXX – Organizational Hiring	31
ARTICLE XXXI – Personal Days Off Without Pay	32
ARTICLE XXXII – Successors and Assigns	33
ARTICLE XXXII – Term of Agreement	33

 

 

AGREEMENT dated March 1, 2003 by and between Joseph A. Bank Mfg. Co., Inc. (hereinafter referred to as the “Employer”) and the BALTIMORE REGIONAL JOINT BOARD, UNITE, an unincorporated association (hereinafter collectively referred To as the “Union”), for and in behalf of itself and the employees now employed, or hereafter to be employed by the Employer at its Hampstead, Maryland, Distribution Center and National Tailoring Service branch.

 

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’s Hampstead, Maryland, Distribution Center and Hampstead Maryland, National Tailoring Service branch, except executive, administrative, office Clericals, supervisors and guards as defined in the National Labor Relations Act. This Collective bargaining agreement is gender neutral, and wherever the pronouns “he” or “his” are used in the interests of brevity, they are intended to mean female employees as well.

 

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.

 

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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 Hampstead Distribution Center and Hampstead NTS 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 30 ^th day following execution of this Agreement, whichever is later, shall be required as a condition of continued 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 Distribution Center and Hampstead NTS; All new Experienced employees shall have a trial period of two (2) weeks. All new inexperienced 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

 

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higher. This provision is not to substitute for or supersede higher straight-time hourly rates and incentive base rates, if any exist.

 

ARTICLE IV

 

WAGES:

 

1.                                       Effective March 1, 2003, the Employer shall grant a wage increase of $1.00 per hour to all employees in the bargaining unit.

 

2.                                       Effective March 1, 2004, the Employer shall grant a wage increase of 50 cents per hour to all employees in the bargaining unit.

 

3.                                       Effective March 1, 2005, the Employer shall grant a wage increase of 50 cents per hour to all employees in the bargaining unit.

 

4.                                       If an employee is temporarily transferred from one job to another at the Request of the Employer, he shall, while working on the job to which he has been Transferred, be paid (a) if an hourly paid employee, his regular hourly straight-time rate to pay prevailing at the time of the transfer or the hourly straight-time rate of the job to which he is transferred, whichever shall be higher; or (b) if an incentive paid employee, his regular straight time hourly incentive rate* or the hourly straight-time base rate for the job to which he is transferred, whichever shall be higher.

 

5.                                       For all employees hired on and after March 1, 2003, the minimum starting rate shall be $9.00 per hour.

 

.* An incentive employee’s regular straight-time hourly incentive rate is the employee’s average straight-time hourly earnings for the first thirteen (13) weeks of the calendar year, effective July 4 of each year.

 

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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 regular straight-time hourly incentive rate, or regular, whichever is applicable, straight-time hourly rate of pay 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.

 

2.                                       Overtime:  Time and one-half shall be paid for all work outside the regular daily hours. As long as the regular work week shall be from Monday to Friday inclusive, time and one-half shall be paid for all work performed on Saturdays and double time for work performed on Sunday irrespective of the number of hours worked during the week.

 

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In the event the Employer deems it necessary for business reasons to institute a multi-shift operation during the regular work week Monday through Friday, inclusive, it will give the Union no less than thirty (30) days notice of such intention, and the parties shall meet promptly for the purpose of negotiating a shift premium(s).

 

3.                                       In the event the Employer deems it necessary for business reasons to adopt a seven day operation, Saturday and/or Sunday will become part of a regular five day work week for those employees scheduled regularly to work either or both of those days and Saturday and Sunday premium pay will not be applicable to those employees so scheduled.

 

It is further understood, however, that premium pay of time and one-half for Saturday work and double time for Sunday work, whichever is appropriate, will continue to be applicable to those employees for whom Saturday or Sunday work constitutes a sixth or seventh consecutive work day.

 

4.                                       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 provisions hereinafter set forth in HOLIDAYS, Article IX, Sections B1 or B2, whichever is applicable.

 

5.                                       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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ARTICLE VII

 

EQUIPMENT BREADDOWN TIME AND WAITING TIME:

 

An employee paid on an incentive basis who is required to wait for work due to equipment breakdown beyond his control shall be compensated at his straight-time hourly incentive rate for all such waiting time in excel of fifteen (15) minutes per day. An employee paid on an incentive basis who is required to wait for work due to cause beyond his control other than for equipment breakdown shall be compensated at his straight-time hourly incentive rate for all such waiting time in excess of thirty (30) minutes per day. However, in no event will the combined unpaid equipment 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 other equipment during equipment down time, in the same department or to another department if the employee is qualified to perform the required work, and the employee will be paid his straight-time hourly incentive rate.

 

ARTICLE VIII

 

VACATIONS:

 

I.                                          Hampstead Distribution Center

 

A.                                     Vacation Period. It is mutually agreed that there shall be the following vacation periods for the Hampstead Distribution Center employees entitled to vacation pay as hereinafter provided.

 

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1.                                       Unless changed by mutual agreement between the Employer and the Union, the Summer Vacation Period shall be June 1 through August 31. There shall be no shut down of Distribution Center operations for the purpose of observing summer vacations. Summer Vacations shall be scheduled individually with due regard to seniority and subject to the approval of the Employer based upon business needs.

 

2.                                       The Christmas Vacation Period shall be between Christmas Day and New Year’s Day of each year.

 

3.                                       Fourth and fifth weeks of vacation for Hampstead Distribution employees:

 

(a)                                   Any Hampstead Distribution employee with 20 years but less than 25 years of employment with the Employer is entitled to a fourth (4 ^th ) week of paid vacation.

 

(b)                                   Any Hampstead Distribution employee with 25 or more year of employment with the Employer is entitled to a fifth (5 ^th ) week of paid vacation.

 

(c)                                   Fourth (4 ^th ) and fifth (5 ^th ) weeks of paid vacation shall be taken during the ensuing twelve (12) month period following the date on which the employee reaches his or her qualifying anniversary date of employment.

 

(d)                                   The schedule of 4 ^th and 5 ^th week vacations shall be fixed by mutual agreement with the Union in accordance with the needs of business. Individual employees may bid for an available week(s) in order of seniority or such other rational system as mutually agreed to with the Union. If mutually agreed to with the Union, an employee may elect to work during the employee’s week(s) of vacation at straight time in addition

 

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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 employee’s vacation, Hampstead Distribution Center employees entitled to holiday pay shall be entitled to such holiday pay in addition to vacation pay hereinafter provided.

 

B.                                     Eligibility and Pay for Hampstead Distribution Center Employees Employed Prior to October 1, 1985:

 

1.                                       For the Summer Vacation:

 

(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 Summer Vacation 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:  One week’s pay shall be forth (40) times the employee’s regular straight-time hourly incentive rate if an incentive paid employee scheduled to work forth (40) hours per week, or (40) times the employee’s straight-time

 

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hourly rate if so compensated. The full amount of the wage increases scheduled to be paid on March 1, 2004 and March 1, 2005 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 1 ^st in the previous calendar year and ending May 31 ^st 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.

 

(d)                                   For those eligible Hampstead Distribution Center employees regularly scheduled to work less than eight (8) hours daily, one week’s vacation pay shall consist of their regular straight-time hourly incentive rate or regular straight-time hourly rate of pay, whichever is applicable, times the average weekly hours they were scheduled to work during the twelve (12) months beginning June 1 ^st in the previous calendar year and ending May 31 ^st in the current vacation year.

 

(e)                                   For those 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 ½%) of the employee’s straight-time earnings for up to forty (40) hours per week in the twelve (12) months beginning June 1 ^st in the previous calendar year and ending May 31 ^st in the current vacation year.

 

2.                                       For the Christmas Vacation Period:

 

(a)                                   All Hampstead Distribution Center employees who have been on the payroll of the Employer one year or more prior to December 1 ^st 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.

 

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(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, shall receive 40 times his regular straight time hourly incentive rate or forty (40) times his straight-time hourly rate, whichever is applicable, adjusted by three-quarters of the wage increases scheduled to be paid pursuant to Article IV hereof, as applicable.

 

(ii)                                 An employee who worked less than 1000 hours in the entire

 

aforesaid twelve (12) months period shall receive one week’s vacation for up to forty (40) hours calculated on the basis of two and one-half percent (2 ½%) of his straight time earnings in the twelve (12) months beginning December 1 ^st in the previous calendar year and ending November 30 ^th in the current vacation year.

 

C.                                     Eligibility for Hampstead Distribution Center 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

 

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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.

 

II.                                      Hampstead National Tailoring Service Employees

 

A.                                     Vacation Period

 

It is mutually agreed that there shall be the following vacation periods for Hampstead National Tailoring Service employees entitled to vacation pay as hereinafter provided.

 

1.                                       The Summer Vacation Period shall be July 15 through September 15 of each calendar year.

 

2.                                       The Winter Vacation Period shall be January 15 through March 15 of each calendar year.

 

3.                                       If mutually agreed to with the Union, an employee may elect to work during the employee’s vacation week at his/her straight-time hourly rate in addition to vacation pay. The amount of time off and pay shall be the same as that to which the employee was entitled during the immediately preceding vacation period.

 

B.                                     Eligibility and Pay for Hampstead National Tailoring Service Employees

 

1.                                       Hampstead NTS employees shall be entitled to receive paid vacations in accordance with the following schedule:

 

Length of Service				Vacation Entitlement
a)		One (1) year but less than two (2)		One (1) week’s vacation with pay
b)		Two (2) years but less than three (3)		Two (2) weeks’ vacation with pay

 

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c)		Three (3) years but less than twenty (20)		Three (3) weeks vacation with pay
d)		Twenty (20) years but less than twenty-five (25)		Four (4) weeks of vacation with pay
e)		Twenty-five (25) years or more		Five (5) weeks of vacation with pay

 

f)                                         One (1) week’s vacation pay for eligible employees who worked not less than 1000 hours in the 12 months preceding their vacation shall consist of forty (40) times the employee’s then current regular straight-time hourly rate of pay.

 

g)                                      For eligible employees who worked less than 1000 hours in the twelve (12) month period preceding their vacation, one (1) week’s vacation pay shall be two and one half percent (2 ½%) of their straight time earnings in the preceding twelve (12) months.

 

h)                                      Employees entitled to more than one (1) week’s vacation with pay may schedule up to two (2) weeks during either of the Winter or Summer vacation periods.

 

i)                                         All scheduled vacations are subject to approval of the Employer based upon business needs.

 

j)                                         Where a dispute arises between two (2) or more employees seeking to schedule the same vacation period, preference shall be determined by order of seniority.

 

III.                                  General Vacation Conditions:

 

1.                                       In the event a paid holiday falls within an employee’s vacation, if the employee is entitled to holiday pay, he shall receive such holiday pay in addition to vacation pay.

 

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 Arbitrator is expressly empowered to determine, in accordance

 

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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 a herein set forth but whose employment has been terminated because of termination of business 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 work eligibility and vacation pay for such employee shall be adjusted pro-rata.

 

6.                                       Retired and Permanently Disabled Employees:

 

Empl