UFCW RETAIL CONTRACT
EMPLOYER PROPOSAL TO
Layoff and hours protection for employees in meat and grocery
H&W improvements
No premium share
Increased life insurance
Increase FT & PT Dental and orthodontic
NEW Orthodontic for PT employees
Increase PT life time max to $250,000
15 minute breaks
Guaranteed 8 hours between shifts
New FT Universal employee – first pick in each store by seniority
New FT waiver opportunities for members 12 weeks per year
PT employees able to work in other departments with out loss of
seniority (merged seniority lists)
43 hours of pay for Christmas week for FT (32 work + 11 holiday)
PT New year’s eve, day and Thanksgiving Volunteers (FT & PT)
before scheduling
PT by reverse seniority. (No change to Full time language)
Employees FT and PT can take individual days of vacation on
Sundays
FT Universal Employees (and Retail Specialists) in Meat Department
after 1 PM only
PT grocery to wait on trade and fill counter after 1 PM only
Increased Employer contribution to 401A (Defined Contribution
plan)
401-K (employee participation) after probation for all employees
including bagger/carryouts
New Small store letter of agreement
Top and Overscale Wage Increases
PT Bagger Carryout and Regular PT start rates adjusted to exceed
Minimum Wage increase.
3/7/08
Employer
Proposal
To
LAST, BEST
AND FINAL
The current Contract with the following modifications:
1.
ARTICLE 1, UNION
SECURITY
SECTION 1.1
RECOGNITION – ADD:
“The Employer will be allowed to have up to two (2)
employees per store, including Store Managers, outside the bargaining unit who
may perform bargaining unit work.”
SECTION 1.5
JURISDICTION – ADD:
Universal employees and
retail specialist employees will be allowed to perform all functions in the
store with the exception of those jobs specifically designated as Journeymen
and Apprentice meat cutters after 1pm Monday through Friday.
Part-time employees may
work in the meat department including waiting on the trade and filling all
cases – they may not work in the back room except for cleaning. These part-time employees may not work
waiting on trade before 1pm Monday through Friday.
Meat employees –
Journeymen, Apprentices, Wrappers and Other Than Journeymen hired on or before
March 9, 2008 will not lose hours or be removed from their historical schedule
of hours because of the utilization of other employees in the meat department.
Letter of agreement #3
(Meat Job Security) the date shall be rolled forward to March 9, 2008.
2. ARTICLE
2, HOURS WAGES, HOURS AND WORKING CONDITIONS
NEW SECTION I 8 HOURS BETWEEN SHIFTS – The Employer will
provide a minimum of eight (8) hours between scheduled shifts for all employees
unless otherwise requested by the employee in writing.
SECTION 2.3 C – Change language to
black language – so that no employee will be required to work on the sixth day.
SECTION 2.12 EMPLOYEE BREAK TIME – All employees shall
receive a paid rest period of fifteen (15) minutes for any three (3) hours
worked not to exceed thirty (30) minutes in any workday of less than twelve (12)
hours. Employees entitled to two (2)
fifteen (15) minute paid break periods will continue to be allowed to take
their breaks consecutively where the practice exists. No rest period shall be
provided in any four (4) hour period which is broken by a paid supper period.
SECTION 2.14 OTHER WORKING CONDITIONS NEW
PARAGRAPH 3) – No employee will be required by the Employer to make a delivery
to a store or a customer.
3. ARTICLE
3, FULL-TIME/PART-TIME RATIOS – ADD new full-time classification of “Universal
Employee”.
UNIVERSAL EMPLOYEES: The
Employer may, at its option, elect to offer employment in any given store in a
Universal Employee position. These positions shall be designated as Grocery
including Delicatessen, Bakery or Pharmacy Technician positions. Universal
Employee positions shall be filled on the basis of store specific seniority
from those regular part-time Grocery, Delicatessen, Bakery, Pharmacy
Technicians, and Retail Specialists who respond to notice of such vacancy to be
posted store specific for a period
of five (5) days. However the Employer may fill up to fifty percent (50%) of
such openings in each classification with persons from outside the bargaining
unit or inside the bargaining unit irrespective of seniority. Persons employed
as Universal Employees may be transferred by the Employer to Universal Employee
positions in other stores.
The Universal Employee
position shall have a basic workweek of forty (40) hours to be worked in any
five (5) days Sunday through Saturday. For Universal Employees Sunday will be
part of their basic workweek, and no premium pay shall be due for hours worked
by such employees on a Sunday. These employees shall be scheduled to have two
(2) consecutive days off each week, except in those weeks affected by holidays
on New Year’s Day, Easter Sunday, Memorial Day, Independence Day, Labor Day,
Thanksgiving, or Christmas Day. Universal Employees shall be treated in all
other matters as Senior Retail Specialists.
Any new employees hired
in the Senior Retail Specialist, Retail Specialist, Universal Employee and
Department Head classification after March 9, 2008 will have Sunday as part of
their work week.
Ratios: The Employer must maintain a minimum ratio of
Full time (Senior Retail Specialists, Universal Employees and Retail
Specialists) to regular part-time of 25%:75%. The employer is required to
maintain a ratio of no less than 20% Senior Retail Specialists and Universal
Employees, combined.
The Employer and
4.
ARTICLE 4, SENIORITY
SECTION 4.3 ACQUIRING SENIORITY: (Meat)
Delete paragraph C. - so
that part-time other-than journeymen who work less than 24 hours will now have
seniority.
SECTION 4.5 DEFINITIONS: (Grocery)
a.
Subsection B (and all other applicable Articles and Sections);
create a new Full-time “Universal Employee” with company wide seniority.
b.
Merge seniority lists for part-time deli, grocery, pharmacy, and
bakery (where applicable) based on original part-time date.
SECTION 4.7, NEW SENIORITY LANGUAGE – Universal employee
positions will be hired store specific and
posted store specific. Universal employees will have company wide
seniority and their seniority will be part of the Senior Retail Specialists.
Universal employees may be transferred at employer discretion.
Retail Specialists will
be hired store specific and any retail specialist hired after March 9, 2008 may
be transferred at the employer’s discretion.
All Retail Specialists will have company wide seniority. No Retail Specialist will be laid off before
a less senior Universal employee is laid off.
Any part-time employee
who is promoted to a Retail Specialist from a part-time wage that is higher
than the entry level wage rate for Retail Specialist will be paid the
appropriate Retail Specialist wage rate to insure that the employee does not
suffer any reduction in hourly rate of pay and will receive credit for the
minimum number of hours corresponding to that wage rate.
5.
ARTICLE 5, HOLIDAYS
Christmas Eve Full-time employees
shall receive three (3) hours straight time holiday pay for Christmas Eve
regardless of the day it falls on. If Christmas falls on any day except for
Sunday the basic workweek for full-time employees shall be thirty-two (32)
hours. When Christmas Eve falls on Sunday the preceding week shall be forty
(40) hours and the following work week shall be thirty-two (32) hours.
New Years Eve, New Years
Day, Thanksgiving Day For staffing purposes these holidays shall be treated as in:
Section 5.4, C. (1) a. and Section 5.4, C. (2) Staffed with volunteers first - with
the understanding that if there are insufficient volunteers part-time will be
scheduled by reverse seniority. Full
time language will remain unchanged.
6.
ARTICLE 6, DEFINITIONS
Journeymen and
Apprentice Work Definition: These employees job duties include all production work
commencing with the initial reduction of primal, sub-primal and / or
supplemental cuts of all fresh or frozen meat department products including
fish, (whether by use of saw, grinder, cuber, tenderizer, slicer, knife or
other tools of the trade), through and including the boning, scraping and
trimming of these products to reduce to retail cuts. Journeymen and Apprentices
may also perform any other work in the Meat Department.
Wrappers, Other Than
Journeymen, Universal Employees and Retail Specialist Employees: These employees are
permitted to perform any work in the Meat Department except for those job
duties expressly reserved for Journeymen and Apprentices, as outlined above. In
addition, Wrappers, Other Than Journeymen, Universal Employees and Retail
Specialist Employees may wait upon trade, and use the knife or slicers when
necessary to finish a product already supplied by the Journeymen or Apprentices
as in the sale to an individual customer. These employees’ duties may also
include portion cutting of fish fillets for traying purposes and fabricating
and processing of all value added or specialty items. Wrappers and Other
Than Journeymen ONLY may, after the initial daily grind, provide supplemental
grind.
7.
SECTION 7.4 VACATION
SCHEDULING:
a.
New paragraph G Employees will be allowed to take individual days of
paid vacation on Sundays, at the employees straight time
(base) rate of pay.
8.
ARTICLE 10 DISCHARGE
Revise Section B as follows:
The properly accredited officers or
representatives of the
9.
ARTICLE 15, GRIEVANCE
AND ARBITRATION
Revise Section D as
follows:
Any claimed grievance of
any kind to be acted upon or accepted as valid for any reason must be filed in
writing with the Employer and the
10.
ARTICLE 19 HEALTH CARE
PLAN
Increase Employer’s contribution to
Health and Welfare Fund.to make the following changes and improvements to the Health Care Plan:
1.
Increase
the Part-time life-time maximum from $100,000 to $250,000.
2.
No
deductible for preventative measures,
including exams and screenings
3.
Disease
Management including diabetes and heart disease.
4.
Fitness
(health club) discounts
5.
Smoking
cessation programs
6.
Prenatal
care program
7.
Increase
the annual dental benefits from $800 to $1,000 for part-time and from $1,000 to
$1,250 for full-time.
8.
Increase
the annual orthodontic benefit for full-time from $750 to $1,000.
9.
NEW
part-time orthodontic benefit for part-time of $1,000.
10. Increase life insurance benefits from
$1,000 to $5,000 for part-time and from $12,000 to $20,000 for full-time.
11. ARTICLE 20 RETIREMENT PLAN
Increase the Employer contribution to the Defined
Contribution Plan.
Allow all Employees to
participate in the 401 K after completing probation (including Part-time
bagger/Carry-out/Maintenance).
12.
ARTICLE 21, VACATION
RELIEF AND SUMMER WAIVER PERIOD, EMERGENCY WAIVER
In addition to current
contract language ADD: the employer can
waiver any current part-time employee to Full-time (meat or grocery) up to 12
weeks per year at 40 (or more) hours per week at the appropriate wage rate.
13. ARTICLE 26, TERM OF AGREEMENT – 3 years
14. LETTER OF AGREEMENT
a.
Renew letters of Agreement #1 - #4 roll dates forward on letter
#3.
b.
Delete letter #5
c.
NEW Letter on an individual basis the Employers will meet with the
d.
NEW Letter: With the
implementation of the new jurisdictional language in the contract, as of March 9,
2008, the Employer, will make every endeavor to post schedules that are clear,
concise and whenever possible show the employee’s hours to be worked on a base
schedule.
Employees, due to new
jurisdictional language in the contract, as of March 9, 2008, shall not be
adversely affected in regards to requests for personal time off. Employees who were previously guaranteed 24
hours minimum per week because of a) Article 16, or b) Section 2.9 “top”
24%, prior to March 9, 2008, will continue
to be guaranteed a minimum of 24 hours, regardless of their position in the
newly merged seniority list.
The employer will assume
responsibility to train employees to perform the various tasks which may be
assigned to them in the store.
15. LETTER OF AGREEMENT – SMALL STORES
In negotiations for the 2008-11 Industry
Retail Grocery and Meat Contract, the Employer and the
1.
Ratio - Such a store is
exempt from the ratio in Article 3 and does not count in total Employer
ratio. The employees employed in any
such store are not counted in the “total bargaining unit work force” for the
ratio calculations in Article 3B. Any
reductions or changes in ratio shall be obtained through attrition.
2.
Required Employees – In any such store,
the Employer will employ a Head Meat Cutter and no fewer than three Department
Head positions in the bakery (if applicable), grocery, and delicatessen.
3.
Sunday – Such a store is
excluded from mandatory full-time staffing requirements in the Contract for
Sunday hours.
4.
Complete Agreement – Except as set forth in
this Letter of Agreement, the Contract governs the terms and conditions of
employment in such stores, including those provisions governing scheduling,
layoffs, and transfers.
5.
Notice to Union – The Employer will
notify the
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Senior
Retail Specialists/FT Maintenance/Meat Cutters |
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Wrappers
pre 5/2/86 |
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Effective |
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Effective |
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Effective |
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3/9/08 |
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3/08/09 |
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3/07/10 |
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Top
and Over Scale Wage increase |
$0.40 |
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$0.35 |
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$0.35 |
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Health
and Welfare increase |
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$0.20 |
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$0.20 |
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$0.20 |
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Defined
Contirbution increase |
$0.05 |
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$0.10 |
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$0.10 |
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TOTAL
Economic Package |
$0.65 |
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$0.65 |
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$0.65 |
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Retail
Specialists/ Other than Journeymen |
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Wrappers
hired after 5/1/86 |
Effective |
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Effective |
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Effective |
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3/9/08 |
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