MEMORANDUM OF AGREEMENTCollective Bargaining Agreement |
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PENN NATIONAL GAMING INC | PENNSYLVANIA 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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Exhibit 10.16
MEMORANDUM OF AGREEMENT
PENNSYLVANIA NATIONAL TURF CLUB, INC. / MOUNTAINVIEW RACING ASSOCIATION (collectively, the “Employer”), wholly owned subsidiaries of Penn National Gaming Inc. and SPORTS ARENA EMPLOYEES’ UNION, LOCAL NO. 137 (the “Union”) have engaged in negotiations for a successor collective bargaining agreement (“Successor Agreement”) to the one which expired on September 30, 2002 (“Previous Agreement”) and by mutual agreement the Previous Agreement has been extended by the parties. Pending ratification as set forth below, the parties hereby agree as follows:
1.
The parties agree that the provisions of the Previous Agreement shall be and
remain in the Successor Agreement except as modified by the following
provisions and language:
2.
3 year term — December 1, 2004 to December 31, 2007.
3.
Any closings or changes to the number of scheduled workdays not caused by the
Union in violation of the applicable law or the no-strike clause shall cause a
proportional change in the number of days required for any criteria to be met
under the Successor Agreement.
4.
Article IV — Grievances — change “5 calendar
days” to “7 calendar days”
5.
Article XXIV — Uniforms — change to replace 1c with the
following:
“No vests required; No Blue Jeans; only solid colors for pants & skirts; Employees may be required to wear name tags with only the employee’s first name and last initial”; and
Delete second sentence of Article XXIV, Sec. 1a; and
Delete 2a & 2nd sentence of 2c; and
Delete all of 2d.
6.
Article XXI — Death in the Family — amend to “three
(3) consecutive working days off commencing within seven (7) calendar
days” and add “grandchildren” to definition of family.
7.
Article I — Recognition — amend to reflect that the work of
the Turf Club Attendant shall be unit work, except so long as the current
employee in that position continues to perform that work she will not be forced
to join the union.
8.
Article VII, Sec. 4 & 5 — amend from “$7.50” to
“$10.00”
9.
Article VII, 5(b)(4) — parties agree: no change in telebet
shift length; and Employer will offer to create a “Call-in-List” to
cover times when the employer needs additional operators on short notice, after
shape-up is exhausted from regular procedures.
10.
Article XII — Wages
Sec. 5 — amend to $10.00
Sec. 13 — amend to reflect a “hire” rate of 90% of regular rate and then each such employee shall go to 100% of rate on or after the one (1) year anniversary of their hire — effective upon ratification.
11.
Article XV — Vacation — Amended to read:
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All seniority shifts count |
<10 yrs |
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>10 yrs |
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85% of live |
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5 |
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10 |
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65% of live |
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4 |
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7 |
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50% of live |
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2 |
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4 |
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12.
Article XIX — amend Sec. 4 to read: In the event the
Employer (1) sells all or a controlling interest in any of the PNRC racing
operations or (2) leases any of the PNRC racing operations to a third
party, then the execution and adoption of this agreement by the relevant third
party shall be prerequisite to the actions described in (1) and (2) of this
paragraph. During
2
the term of the
Successor Agreement to protect and preserve the work of the employees currently
working under the Previous Agreement, the Employer agrees, to the extent
permitted by law, to require that as a prerequisite to subcontracting current
bargaining unit work, the entity performing the subcontracted work shall be
required to assume the Successor Agreement with respect to the subcontracted
work. If this prerequisite and assumption is not legally enforceable,
then the Employer agrees to refrain from subcontracting current bargaining unit
work to any subcontractor which does not observe the wages, hours and other economic
conditions of employment equivalent to those established by the agreement, to
the extent permissible by law. For clarity, this subcontracting
restriction only applies to work currently performed by the bargaining unit,
which is (1) admissions personnel in the racing division, (2) telebet
operators in the racing division and (3) mutual personnel in the racing
division. Further, the union acknowledges that any and all portions
beyond the three enumerated positions in this paragraph may be subcontracted by
Employer within the sole discretion of the Employer.
In Addition, the parties agree to conform Article VIII to this preceding language.
13.
Schedule C — Telebet Production — amend last sentence of
first page of C to delete the words “… not … nor & but
…” and replace with the work “… used … and
…& and …”






