RETAIL DRUG AGREEMENT
JULY 5, 1999 - JULY 7, 2000
between
RITE AID, INC.
and
UFCW LOCALS
135, 324, 770, 1036, 1167, 1428, and 1442
INDEX PAGE<
ARTICLE 1 - MANAGEMENT RIGHTS 1
A. UNION RECOGNITION 1
B. INCLUDED BARGAINING UNIT WORK 1
1. Current Work 1
2. Future Work 1
3. Employee Definitions 2
C. EXCLUDED BARGAINING UNIT WORK 3
1. Management Exclusions 3
2. Outside Employees 3
D. INDIVIDUAL AGREEMENTS 4
1. All Employees 4
2. New Employees 4
A. REQUIRED UNION MEMBERSHIP 4
1. Union Shop 4
2. Seven-Day Notice 4
B. INFORMATION FOR UNION 5
1. New/Transferred Employees 5
2. Store Employee Lists 5
3. Full-Time, Part-Time Ratio 5
4. Payroll Data 5
C. STORE VISITS 5
D. UNION BULLETIN BOARDS 5
E. UNION PRINCIPLES 6
1. New Employees 6
2. Union Principles/Picket Lines 6
F. UNION BUSINESS 6
ARTICLE 4 - DISCIPLINE/VOLUNTARY QUITS 6
A. REGISTER SHORTAGES/IRREGULARITIES 6
B. INVESTIGATION/INTERVIEW 7
C. DISCIPLINE 7
1. Good Cause 7
2. Warnings 7
3. Discharge for Incompetency 7
4. Notice 7
D. DEMOTION 7
E. NOTICE OF INTENTION TO QUIT 8
ARTICLE 5 - TRANSFERS/SENIORITY 8
A. EMPLOYER TRANSFER OF EMPLOYEES 8
3. Transfer Travel Limits 8
B. INTERUNION TRANSFER 8
C. SENIORITY 8
1. Definition 8
2. Transfer to Higher Category 8
3. Vacation Relief 9
4. Ice-Cream Dippers 9
5. Seniority After Christmas Season 9
D. QUALIFICATIONS 9
E. LAYOFFS/RECALLS/HOURS REDUCTIONS 9
1. Full-Time 9
2. Part-Time. 10
3. Additional Hours for Part-Time Employees 10
4. Recall 10
5. Reduction to Part-Time 10
6. Layoff Timing 10
ARTICLE 6 - WORKDAY/WORKWEEK/SCHEDULES 11
A. STORE HOURS 11
B. WORKDAY DEFINED 11
C. WORKDAY GUARANTEES 11
1. Full-Time/Scheduled Workday 11
2. Part-Time Guarantee 11
3. On Call Guarantee 11
D. WORKWEEK GUARANTEES 11
1. Full-Time 11
2. Part-Time 11
E. INTERRUPTION OF OPERATIONS 12
F. WORK SCHEDULE 12
1. Ready for Work 12
2. Work Schedules 12
3. Rotation of Work 12
4. Rotation of Days Off 13
5. Rest Periods 13
6. Lunch Period 13
7. Sixth/Seventh Day 13
8. Sunday Ratio 13
9. Holiday Ratio 13
10. Holiday Scheduling 14
11. Overtime Preference 14
12. Full-Time/Part-Time Ratio 14
13. Part-Time Scheduled Hours 14
14. Schedule Preferences 15
A. ALL EMPLOYEES 15
1. Base Rates 15
2. Apprenticeship 15
3. Prior Industry Experience 15
4. Christmas Extra Employees 16
5. Journeyman Provision 16
6. Lead Clerks 16
7. Key Associates 16
8. Pharmacy Clerks 16
9. Price Accuracy Coordinators 16
10. Ice-Cream Clerks 16
B. PREMIUMS 17
1. Night Premium 17
2. Sunday Premium 17
C. OVERTIME 17
1. Daily/Weekly Overtime 17
2. Sixth Day Overtime/Full-Time 18
3. Seventh Consecutive Day Overtime/Full-Time 18
4. Predesignated Day Off Guarantee 18
5. Sixth Day Overtime/Part-Time 18
6. Early/Late Meal Periods 18
7. Overtime Basis 18
8. Nonpyramiding 18
D. PAY PERIOD AND WAGE STATEMENT 18
E. TIME RECORDS 19
1. Daily Records 19
2. Collusion or Coercion 19
F. BONUS PAYMENTS 19
G. TRAVEL TIME 19
H. INJURY ON THE JOB 19
I. LEGAL PROCEEDINGS 19
1. Required Appearance 19
2. Requested Appearance 19
3. Work Related Appearance 19
4. Former Employees 19
J. STORE/COMPANY/MEETINGS 20
1. Store Meetings 20
2. Company Meetings 20
K. AUTO ALLOWANCE 20
L. TRAINING SCHOOL FEES 20
M. BOND FEES 20
N. HEALTH EXAMINATION 20
O. NO REDUCTION IN RATES 20
P. WAGE AND PRICE CONTROLS 20
Q. CHARITY 20
R. PRODUCTS HANDLED 20
A. FULL-TIME EMPLOYEES 21
1. One Year 21
2. Two Years 21
3. Five Years 21
4. Fifteen Years 21
5. Twenty Years 21
6. Continuous Employment Defined 21
B. PAY 21
1. Full Pay Defined 21
2. Part-Time Vacation Pay 22
3. Payment Date 22
4. Pro-Rata 22
5. Not Waived 23
C. INDUSTRY VACATION 23
D. VACATION SCHEDULE 23
1. Posting/Selection 23
2. Scheduling by Seniority 23
3. Notice 23
4. Not Cumulative 23
5. Holiday During Vacation 23
A. PAID HOLIDAYS 24
1. Holidays 24
2. Sunday/Monday Observance 24
3. Eligibility 24
4. Birthday/Anniversary Holidays 24
5. Personal Holiday 24
6. Holiday Requests 25
7. Monday Observance 25
B. HOLIDAY PAYMENT 25
1. Rate 25
2. Holiday Week 25
3. Part-Time Holiday Pay 26
C. VOLUNTARY CLOSING 26
A. BENEFITS 26
1. Eligibility 26
2. Pro Rata 27
3. Supplementary Disability Benefits 27
4. Sick Leave Integration 27
5. Sick Pay Defined 27
B. UNUSED SICK LEAVE PAID 27
1. Employed Before 7/20/83 27
2. Employed on/after 7/20/83 27
ARTICLE 11 - BEREAVEMENT LEAVE AND/OR PAY 28
ARTICLE 12 - JURY DUTY LEAVE AND/OR PAY 28
ARTICLE 13 - OTHER LEAVES OF ABSENCE 29
A. EMERGENCY LEAVE 29
B. AUTHORIZED LEAVE 29
C. LEAVES IN WRITING 29
D. REINSTATEMENT AFTER A LEAVE 29
E. EMPLOYMENT 29
F. TERMINATION AFTER A LEAVE 29
G. UNION BUSINESS 29
ARTICLE 15 - GENERAL CONDITIONS 37
A. NONDISCRIMINATION 37
B. NEW CONTRACT 37
C. GENDER REFERENCES 37
D. UNIFORMS 37
E. NAME TAGS 37
F. RESTROOMS 37
G. WEIGHT LIMIT 37
H. POLYGRAPH TEST 37
I. SUCCESSORS AND ASSIGNS 37
1. New Owner 37
2. Accrued Vacation 37
3. Sale or Transfer 38
J. SEPARABILITY CLAUSE 38
K. TITLES 39
L. AMENDMENTS, ADDITIONS and WAIVERS 39
M. EFFECTIVE DATES 39
ARTICLE 16 - GRIEVANCE/MEDIATION AND ARBITRATION 39
A. DISPUTES OR QUESTIONS 39
B. GRIEVANCE FILING/STEPS 39
1. Discharge/Layoff 39
2. Wage Discrepancy 39
3. Reporting Monetary Discrepancies 39
4. Grievance Steps 40
C. TIME PERIODS 41
D. MEDIATION 41
E. POWERS AND LIMITATIONS OF THE ARBITRATOR 41
F. WORK STOPPAGES 42
ARTICLE 17 - EXPIRATION AND RENEWAL 43
APPENDIX B - ARBITRATORS 45
APPENDIX C - MEDIATION PROCEDURE 45
APPENDIX D - PHARMACY TECHNICIAN CLASSIFICATION 45
APPENDIX E - FULL-TIME OPTION 46
APPENDIX F - SECURITY AND CRIME PREVENTION COMMITTEE 47
REQUEST FOR VOLUNTARY REDUCTION IN HOURS 48
RETAIL DRUG AGREEMENT
July 5, 1999 - July 7, 2002
This Agreement is entered into and effective July 5, 1999 and is between RITE AID, INC. hereinafter referred to as "Employer," and UFCW UNION LOCALS 135, 324, 770, 1036, 1167, 1428, and 1442, chartered by United Food and Commercial Workers International Union, AFL-CIO-CLC, hereinafter referred to as "Union" and the parties agree as follows:
Except to the extent expressly abridged by a specific provision of this Agreement, the Employer reserves and retains, solely and exclusively, all of its common law rights to manage the business, as such rights existed prior to the execution of this or any other previous Agreement with the Union.
A. UNION RECOGNITION.
1. The Employer recognizes the Union as the sole collective bargaining agent with respect to work, rates of pay, hours, and terms and conditions of employment for the appropriate bargaining unit composed of all employees, including employees of lessees, licensees and concessionaires (sometimes herein referred to as "leased department") except as limited below, who perform work within drug stores, food markets, discount stores, and shoe stores presently operated and hereafter established, owned or operated by the Employer within the present geographic jurisdiction of the Local Union. Drug stores are defined as those types of establishments covered by collective bargaining agreements identified as Retail Drug Agreement, July 3, 1995 - July 4, 1999.
2. The Union agrees that it will not make claim to any employees of present concessionaires or sublessees who work in the present or future store or stores of the Employer, unless the Union can show its majority representation of such employees within an appropriate bargaining unit. In that event, the Union may take economic action without violating this Agreement.
3. In the event the signatory Employer should operate discount stores, food stores, or shoe stores within the geographic jurisdiction of the Local Union, the appropriate terms and conditions of employment, as in existence with the other employers operating alike retail establishments, shall be immediately applied by the signatory Employer.
B. INCLUDED BARGAINING UNIT WORK.
1. Current Work. All work performed on the premises in the nature of work generally performed by employees of the bargaining unit shall not be assigned to any person not in the bargaining unit or contracted for with any other union.
2. Future Work. Any future work of the nature generally performed by retail clerks created by the Employer shall be performed by members of the bargaining unit as herein set forth.
3. Employee Definitions. For the purpose of this Agreement, the following definitions shall apply:
a. Intern Pharmacist. An intern pharmacist is a nonlicensed employee permitted to practice pharmacy under the direct supervision of a licensed pharmacist.
b. Drug Clerk. A drug clerk includes all other employees covered by this Agreement except one (1) hour photo clerks.
c. Employees. Hereinafter "employees" or "all employees" shall mean employees covered by this Agreement.
d. Full-Time Employee. A full-time employee is one employed and/or scheduled to work forty (40) hours per week. Any employee who is scheduled and works ten (10) consecutive weeks at forty (40) hours per week will be classified as a full-time employee. This requirement shall not apply during the Christmas or vacation season or where an employee is scheduled forty (40) hours due to the absence of another employee in excess of three (3) consecutive weeks. Provided, however, that forty (40) hour weeks worked immediately prior to any of the above exceptions and those worked immediately following the exception shall be considered continual for the purpose of calculating the ten (10) consecutive weeks.
e. Part-Time Employee. A part-time employee is one employed and/or scheduled to work less than forty (40) hours per week.
f. Probationary Employees. The first (1st) forty-five (45) calendar days of employment shall be considered a probationary (trial) period, provided, however, that a part-time employee shall be considered as probationary for the first (1st) two hundred (200) hours of employment. During such probationary period, an employee may be terminated for any reason and he shall have no recourse to the grievance procedure set forth in this Agreement. Interns who are promoted to a pharmacist position shall be subject to the above probationary period.
g. Trainees. Insofar as trainees are concerned, the probationary period shall be ninety (90) calendar days except for an employee promoted from within the bargaining unit the probationary period shall be forty-five (45) calendar days. After such probationary (trial) period the employee who was promoted from within the bargaining unit is unable to perform the duties of management trainee, he shall be restored to his former classification of work and scheduled hours without discrimination or loss of seniority. This provision does not prevent the Employer from discharging employees for good and sufficient cause.
h. Pharmacy Clerks/Key Associates/Lead Clerks. Selection of Pharmacy Clerks, Key Associates, Lead Clerks and other higher paid classifications shall be determined by giving factors such as seniority, qualifications, performance and intent to remain with the Employer full consideration.
i. Pharmacy Technician. Drug and Pharmacy Clerks who are licensed pharmacy technicians and who perform pharmacy technician duties shall be paid at the next higher pharmacy technician rate over their current drug clerk rate. The clerk will be provided a form to be signed by the pharmacist in charge verifying the hours that the clerk performed pharmacy technician work that day.
The Company will post pharmacy technician openings within the agreed upon layoff areas listed in Appendix F for a period of two (2) weeks. The posting will include the store number and whether the job is full-time or part-time. Drug or Pharmacy clerks with a pharmacy technician license who bid on such positions will be promoted based on seniority, availability and ability. Once promoted, Pharmacy Technicians who perform drug clerk or pharmacy clerk duties shall continue to be paid as a Pharmacy Technician.
j. One (1) Hour Photo Clerks. All current one (1) hour photo clerks who are currently in the progressions will continue through the one (1) hour photo progressions until they reach the after four thousand nine hundred (4900) hour rate of pay. Thereafter, they will continue progressing to the experienced and journeyman drug rates of pay based on the Drug Clerk wage schedule. All one (1) hour photo clerks with five (5) or more years of experience will be increased to the Drug Clerk Journeyman rate of pay effective the first (1st) Monday of the first (1st) full pay period following ratification.
C. EXCLUDED BARGAINING UNIT WORK.
The following individuals shall be excluded from the coverage of this Agreement:
1. Management Exclusions.
a. All stores shall have a total of four (4) supervisory exclusions. Rite Aid, Inc. shall have these employees excluded from the coverage of this Agreement at its sole discretion. These excluded employees shall be allowed to perform any and all work designated by the Employer within the store or any department thereof without restriction. Twenty-four (24) hour stores may have a fifth (5th) supervisory exclusion.
b. It is agreed that only two (2) excluded supervisory management employees (store manager and assistant store managers) shall be permitted to perform bargaining unit work on Sunday or holidays (excluding load day) where the combined working hours of the store's full-time and part-time employees (excluding hours of ice cream clerks) total less than one thousand (1,000) hours per payroll period.
c. It is hereby agreed that the Company may utilize management exclusions in up to three (3) designated training stores per district for management trainee positions provided the Company complies with the total number of exclusions allowed within the jurisdiction as provided for in Article 2-C. The Company will provide the Union with the identification of the training stores.
d. Managers and assistant managers excluded as set forth in this Article, shall be permitted to perform any work within the store or department without restriction.
e. A department located within a multi department retail establishment shall not be entitled to any exclusion unless it is a concession, in which case there shall be only one (1) overall manager excluded, regardless of the number of such departments involved.
f. In said concession, leased or subleased departments, where the Employer is actively engaged in the performance of clerks' work for more than fifty percent (50%) of his time in any one (1) single location, he shall be considered the store manager for the purpose of exclusion from the collective bargaining unit. No other exclusions shall be allowed in other departments operated by the concessionaire within the same establishment where the excluded manager, as hereinabove identified, has supervision.
2. Outside Employees. It is agreed that the Employer and the Union have a common interest in protecting work opportunities for all employees covered by this Agreement. It is further agreed that the displaying, servicing, ordering and demonstrating of merchandise for sale can be handled at the Employer's discretion by nonbargaining unit display men, salesmen, vendor representatives, or any other employee of vendors which are servicing their merchandise to the Employer.
In no event, however, shall any bargaining unit employee be laid off or reduced in hours as a result of work being performed by any salesman, vendor or display man described above.
3. Culinary Workers.
4. Demonstrators who do not make sales or display merchandise for pick-up by customers.
5. Office Employees who are limited to office-clerical work and whose combination of duties do not include any of the clerks' work.
6. Future Concessionaires or Sublessees or their employees whose duties do not include work generally performed by members of the bargaining unit.
7. Licensed Pharmacists.
8. Should any of the classifications hereinabove excluded in Paragraphs 2, 4, 5, 6, and 7, designate by a majority thereof the undersigned Union as their bargaining agent, the Employer agrees to recognize and bargain for said employees in accordance with the law.
D. INDIVIDUAL AGREEMENTS.
1. All Employees. The Employer agrees not to enter into any agreement or contract, either orally or written, with its employees covered by this Agreement, individually or collectively which in any way conflicts with the terms and provisions of this Agreement.
2. New Employees. During the period an employee is not a member of the Union, the regular wages, as herein specified for the classification of said employee and all other provisions of this Agreement shall apply.
A. REQUIRED UNION MEMBERSHIP.
1. Union Shop. All employees shall, as a condition of employment, become members of the Union not later than the thirty-first (31st) day of their employment or the thirty-first (31st) day following the date of signature or the effective date of this Agreement, whichever is later, and shall remain members in good standing as a condition of continued employment.
2. Seven-Day Notice. The Union will advise the Employer, in writing, when any employee has failed to acquire or maintain Union membership as required by this Agreement. Immediately upon receipt of said notice, the Employer shall advise said employee(s) that they will no longer be scheduled for hours of work on the subsequent weekly schedule until said employee(s) give evidence of compliance or the Union notifies the Employer of such compliance. Failure to comply within seven (7) days after removal from the schedule said employee(s) shall be terminated, if such termination is not in violation of existing law.
B. INFORMATION FOR UNION.
1. New/Transferred Employees. The Employer shall mail notice to the Union of all new hires and/or permanently transferred employees within fifteen (15) working days excluding Saturday, Sunday, and holidays of the date of employment and said notice shall contain the name of such new employee, the Social Security number of the new employee, the position for which employed, the store number and location, the date of commencement of work, and the rate of pay at which the person is employed. Failure to comply with this notice shall entitle the new employee to receive the journeyman rate of pay for all days worked after the fifteenth (15th) working day excluding Saturday, Sunday, and holidays and until such notice is received by the Union.
2. Store Employee Lists. The Employer agrees to permit the Union to check the list of employees covered by this Agreement, and their respective wage rates of preceding months, and will provide the Union a complete payroll list and seniority list for all employees covered by this agreement including: name, social security number, store number, local union number, wage rates, full-time and part-time status and hire date. The list will be automatically provided twice annually, in January and July.
3. Full-Time, Part-Time Ratio. The Employer shall provide each Local Union with a semiannual report of the status of the full-time and part-time ratio of employees throughout the jurisdiction of this Agreement. Semiannual report shall include employee name, social security number, full-time or part-time status, store and local union number.
4. Payroll Data. In case of a dispute over wages the Union representative shall, upon request, have the right to a copy of the necessary payroll information relative to employees covered by this Agreement. The Union reserves the right to require, in such disputed instances as it deems necessary, that owed wages of employees be paid through the office of the Union or a notarized statement submitted to the Union of gross amounts paid and deductions made. Either method may be used by the Employer.
C. STORE VISITS. In order to observe conditions existing under this Agreement and to settle grievances, representatives of the Union shall have the right to visit the stores.
It is the general policy of the Union for its representatives not to visit the stores during the busy afternoon hours, Saturdays or days preceding holidays. However, upon receipt of a reported violation, a Union representative shall have the right to visit such store at any time for the purpose of investigating such violation.
The Union further agrees that it will arrange with the store manager for such investigation of reported grievances and that any meetings between employees and Union representatives shall be limited to one (1) employee at a time and shall be conducted with the least possible interference with store operations. Such meetings shall be held on the premises in a place designated by the store manager. In instances when employees are working during hours that the stores are closed to the public, the Union may request a list of the employees involved, and the hours worked.
D. UNION BULLETIN BOARDS. The Union may supply each store with a bulletin board not to exceed two (2) feet by three (3) feet in size for the purpose of posting notices of official Union business. Bulletin boards shall not be used to post notices of a political or adversarial nature. The implementation of this program shall be coordinated by the Company's Labor Relations Department.
E. UNION PRINCIPLES.
1. New Employees. When new or additional employees are needed, the Employer may immediately notify the Union of said need. The Employer reserves the right to select the particular applicant to be hired; but there shall be no discrimination against any applicant by reason of membership or nonmembership in the Union, or an applicant with previous employment experience in the Retail Drug industry with an Employer covered by a Collective Bargaining Agreement in the State of California.
2. Union Principles/Picket Lines. The Employer shall not discharge or discriminate against any employee for upholding Union principles, as long as such act does not constitute a violation of this Agreement, and nothing herein shall be so construed as to abrogate an employee's rights under the law, including the right individually to refuse to cross a bona fide picket line established in a bona fide dispute by any bona fide labor organization. For the purpose of this Paragraph, a sanctioned picket line shall be one which is sanctioned by the Local Union signatory to this Agreement and the Southern California Food and Drug Council or the appropriate County Federation of Labor, AFL-CIO.
F. UNION BUSINESS.
1. Employees shall be granted time off without pay for the purpose of attending negotiations, adjustment or arbitration hearings or for other bona fide Union business. While the employee/representative of the Union serves in this capacity, they will not be subject to Article 5-A, Employer Transfer of Employees or 5-B, Inter-Union Transfer.
2. The Employer agrees to schedule any employee who is an officer, or representative of the Union in any capacity, for hours of work that will permit the employee to attend meetings of the Union, provided it involves not more than one (1) employee per store.
3. The Union agrees to give the Employer no less than ten (10) days' notice of such meetings.
4. The Company recognizes the right of the Local Union to appoint one (1) steward per store. The Union will notify the labor relations department of the names and store number of the stewards. Upon two (2) weeks notice to the Company labor relations department, fifty percent (50%) of each Local Unions= stewards will be scheduled off and paid eight (8) hours pay to attend one (1) one (1) day stewards’ training seminar per calendar year. Rite Aid will pay the stewards within one (1) week of the Union providing the company with a certification of the steward=s attendance at the seminar.
ARTICLE 4 - DISCIPLINE/VOLUNTARY QUITS
A. REGISTER SHORTAGES/IRREGULARITIES.
1. No employee may be required to make up cash register shortages, unless he is given the privilege of checking the change and daily receipts upon starting and completing the work shift, and unless the employee has exclusive access to the cash register during the work shift, except as specified below.
2. No employee may be required to make up register shortages when management exercises its rights to open the register during the employee's work shift, unless the register is opened in the presence of the employee and the employee is given the opportunity to verify all withdrawals and/or deposits.
3. When, as the result of a shopper's report, an employee, subsequent to the shopping incident, is called upon for an interview by a security agent, the employee may, upon receipt of such advice or during such interview, request the presence of a Union representative during the interview. Such Union Representative must be available within a reasonable period of time but in no event later than twenty-four (24) hours after such request, or the interview may proceed without a Union representative.
4. When an employee is the subject of a shopper's report or multiple reports and is to be counseled on said report or reports by the Employer, the counseling will take place within a reasonable time period not to exceed thirty (30) days from the date of the last report affecting the employee. The employee and the Union Representative will, by request, be given an opportunity to read said reports during counseling.
5. A warning notice shall not be required in the case of a discharge for cash register irregularities but such alleged irregularities must constitute good cause for the purpose of sustaining said discharge. Such alleged irregularities shall not constitute good cause for discharge when the company fails to follow the procedures set forth in Article 4, Paragraphs A-1 and A-2 above, unless the alleged irregularities are not affected by failure to follow said procedures.
B. INVESTIGATION/INTERVIEW. In any instance where an employee is to be interviewed and/or interrogated by the Employer or his representative in respect to any alleged violation of the Collective Bargaining Agreement or alleged infraction of Company policies which may result in disciplinary action, the employee shall be afforded the opportunity of calling his Business Representative and having his Business Representative present during such interview or interrogation.
C. DISCIPLINE.
1. Good Cause. Non-probationary employees shall not be discharged except for good and sufficient cause such as dishonesty, insubordination, incompetency, intoxication, unbecoming conduct or failure to perform work as required. Age, sex, creed, or color shall not be grounds for the termination of an otherwise qualified employee.
2. Warnings. Non-probationary employees who are discharged for incompetency or failure to perform work as required (including excessive absenteeism or excessive tardiness) shall first (1st) have had two (2) prior warnings in writing within twelve (12) months preceding the discharge of such incompetency or of related or similar failure to perform work as required, with a copy sent to the Union. The employee so notified shall be required to sign such notice, but such signing shall in no way constitute agreement with the contents of such notice.
3. Discharge for Incompetency. It is understood that a discharge for incompetency shall occur only at the end of an employee's weekly schedule after the employee has completed the probationary period.
4. Notice. Any employee who is discharged shall be informed at the time of discharge of the immediate cause of discharge. The cause to be confirmed in writing, with a copy sent to the Union and affected employee, within ninety-six (96) hours thereafter, excluding Saturday, Sunday, and holidays.
D. DEMOTION. No Pharmacy Clerk, Pharmacy Technician, Key Associate, Lead Clerk and other higher paid classification shall be demoted from his or her position because of deficient performance in the job without first having received a prior warning notice in writing, copy to the Union, specifying the deficiencies.
E. NOTICE OF INTENTION TO QUIT. An employee who intends to quit his job shall, to the extent possible, give two (2) weeks' notice of his intention to quit. An employee who gives any notice of the intention to quit his job shall not be terminated or otherwise discriminated against during the current workweek and the workweek following the date on which the employee gives such notice, but in no event can he insist upon working later than the designated quit date if a replacement employee has already been hired.
ARTICLE 5 - TRANSFERS/SENIORITY
A. EMPLOYER TRANSFER OF EMPLOYEES.
1. The Employer may transfer employees to meet the necessities of the business, as long as in so doing, he does not exceed the transfer-travel limits set forth below. Reasonable tolerance of these time limits shall be allowed for temporary transfers such as vacation relief and store openings. For good and sufficient reason, an employee may refuse a transfer from the jurisdictional area of one Local Union to another.
2. Requests for transfers within the Union's geographical jurisdiction so an employee may work nearer one's home will be given appropriate consideration and will not be refused arbitrarily. Similarly, an employee will not be arbitrarily transferred to a store farther from one's own home.
3. Transfer Travel Limits. When the transfer of an employee becomes necessary, due to slackening of business, the Employer shall not require said employee to travel one way more than fifteen (15) miles between his place of residence and the new location. In making transfers under Paragraph 1 and 2 of this Article and this Paragraph, the Employer will make every effort to assign employees on a nondiscriminatory basis to the store which would cause the least hardship to the employee and require the least travel time. Such transfer shall not be used for disciplinary purposes.
B. INTERUNION TRANSFER. If an employee is transferred from one UFCW Union's area to another in Southern California, he shall retain all seniority, but during a period of six (6) months from date of transfer, shall not displace any other employee, or reduce the employee's hours. This clause shall not be applicable in the event of the application of Article 5-E.
C. SENIORITY.
1. Definition. Seniority is the length of continuous employment of an employee with an individual Employer. Temporary absence from work in accordance with the provisions of this Agreement shall not break seniority. Seniority can only be broken by the following:
a. Quit.
b. Discharge.
c. Layoff for more than nine (9) months.
d. Failure to return in accordance with the terms of a leave of absence or when recalled after a layoff.
2. Transfer to Higher Category. When an employee is transferred from one job classification to another, the seniority acquired with the store and the Company shall be retained, and new seniority in the new classification shall commence as of the time of transfer. Transfers shall not be made for the purpose of displacing another employee. Should a layoff or reduction in hours occur in his new job classification, he shall be permitted to reclaim the position he formerly vacated, or whatever equivalent job he is able to perform and to which he is entitled by the combined seniority in the old and new classification.
Drug Clerks and Pharmacy Clerks promoted to Pharmacy Technicians shall receive the next higher rate of pay for Pharmacy Technicians and shall progress through the remaining progression steps based on additional hours worked.
3. Vacation Relief. The seniority of a newly hired employee shall not take effect until the employee has completed the probationary period as provided under Article 2-B-3-f of this Agreement and shall then be retroactive to date of hire. However, the seniority of employees hired for vacation relief periods shall not take effect until sixty (60) days of employment and then shall be retroactive to date of hire. Said sixty (60) day period shall be between June 1 and August 31.
4. Ice-Cream Dippers. Regular ice cream dipping shall first be assigned to the least senior clerks in the store. Except as set forth in Article 7-A-9, employees assigned to the job of ice cream dipper shall have the first (1st) opportunity in accordance with seniority, to perform other clerks' work in the store. Senior clerks will be assigned to ice cream dipping only when business conditions require same.
5. Seniority After Christmas Season. The seniority of employees hired as Christmas extras shall not take effect until seventy-five (75) days of employment and then shall be retroactive to date of hire.
D. QUALIFICATIONS. When seniority is invoked by an employee, the employee's ability and skill in performing the work claimed shall be the determining factors in establishing such rights.
E. LAYOFFS/RECALLS/HOURS REDUCTIONS.
1. Full-Time.
a. Full-time employees shall have seniority rights over part-time employees.
b. A full-time employee who is to be laid off or reduced to part-time status due to legitimate business reasons will be:
1. Offered the least senior full-time position within the mutually agreed upon layoff area. If no such position exists, said employee will be offered the least senior full-time position within the Employer=s district in which the employee is employed at the time of layoff or reduction. To accept the offer, the employee must respond within twenty-four (24) hours, excluding Saturday, Sunday and holidays.
2. If the employee does not accept the offer, he/she may claim any part-time positions in his own store.
c. "Legitimate business reasons" shall be:
1. Reduction in sales; or
2. Technological change which would result in elimination, reduction or modification of current job duties.
2. Part-Time.
a. A part-time employee who is to be laid off due to legitimate business reasons will be offered the least senior part-time position within the mutually agreed upon layoff area. If no such position exists, said employee may claim the least senior part-time position within the Employer=s district in which the employee is employed at the time of layoff or reduction. To accept the offer, the employee must respond within twenty-four (24) hours, excluding Saturday, Sunday and holidays.
The parties will review and change, if necessary, layoff areas as listed in Appendix _____ once/year to be consistent with the original intent.
3. Additional Hours for Part-Time Employees.
a. A part-time employee shall have the right to claim within his own store all part-time hours when such hours become available up to eight (8) hours per day and forty (40) hours per week based upon seniority over other part-time employees provided such part-time employee has the qualifications and ability to perform the duties of the position claimed.
b. After first (1st) having notified, in writing, the home store manager and the Union, a part-time employee shall also have the right to request additional available hours up to forty (40) hours per week at no more than three (3) other stores within the Employer's district. Said part-time employee shall notify, in writing, the manager of such stores of the request, and said manager shall endeavor to comply with such request on a seniority basis.
c. No new part-time or extra employee shall be hired until or unless said part-time employee has been afforded the opportunity to work such additional hours on a seniority basis as set forth above.
4. Recall.
a. The last employee laid off for legitimate business reasons shall be given the first (1st) opportunity to reinstatement in the former position, if said employee presents himself for work within ninety-six (96) hours, excluding Saturday and Sunday, from the postmarked date of a certified or registered letter to the employee=s last known address, and such letter shall state that failure of such employee to present himself within the ninety-six (96) hour period shall cancel his seniority. Provided however, that no employee will be required to travel more than fifteen (15) miles from their residence.
b. Rite Aid agrees to recall laid off employees by seniority to any newly constructed stores within the district before hiring any new employees.
5. Reduction to Part-Time. A full-time employee, who has been reduced to part-time employment because of legitimate business reasons or for medical reasons must be offered the first (1st) full-time job that opens in the agreed upon layoff area listed in Appendix _____ in which he is currently employed. If the employee declines the offer, his only rights to be restored to full-time status shall be within his store.
6. Layoff Timing. A layoff shall only occur at the end of an employee's weekly schedule after the employee has completed the probationary period.
ARTICLE 6 - WORKDAY/WORKWEEK/SCHEDULES
A. STORE HOURS. The Employer shall have the sole right to fix and determine the opening and closing hours of its stores.
B. WORKDAY DEFINED. For the purposes of this Agreement a working day is the period from midnight to midnight. Where shifts overlap into two (2) working days, payment shall be made for the hours worked on each working day in accordance with the rates established for such days.
C. WORKDAY GUARANTEES.
1. Full-Time/Scheduled Workday. All full-time employees reporting for work on their scheduled workday shall be guaranteed a full day's work of eight (8) hours with pay; except if a full-time employee is scheduled to work six (6) days in any workweek, he shall be guaranteed four (4) hours' work on the sixth (6th) day. The four (4) hour day need not be the actual sixth (6th) day, but may be, in the Employer's discretion, any one (1) of the workdays in the weekly work schedule except Sunday.
The integrity of the eight (8) hour day shall be preserved and all time worked shall be paid for. Part-time jobs shall not be created or scheduled for the purpose of destroying the eight (8) hour day principle.
2. Part-Time Guarantee. Upon reporting for work, all part-time employees and those replacing employees in an emergency shall be guaranteed not less than four (4) hours' work with pay. Only registered school students who are under age eighteen (18) shall be allowed to work less than four (4) hours per shift during the period the student is attending school.
3. On Call Guarantee. If the Employer requires an employee to remain at home "on call" the Employer shall guarantee the employee four (4) hours' pay at the appropriate rate for such day. All Employer requests for an employee to remain available for "on call" duty shall be in writing to the employee.
D. WORKWEEK GUARANTEES.
1. Full-Time. The workweek shall be Monday through Sunday. Eight (8) hours shall constitute a regular day's work, and forty (40) hours, consisting of five (5) eight (8) hour days shall constitute a regular week's work. All employees hired to work on a full-time basis or who are scheduled and work at least forty (40) hours in ten (10) consecutive weeks shall be guaranteed forty (40) hours' work per week, except in a holiday week, in which it shall be thirty-two (32) hours, provided the employee is available and able to work the required work schedule. Part-time jobs shall not be created or scheduled for the purpose of destroying the forty (40) hour week principle. The Employer may, on a one (1) time basis, change the work week if such change is done for all the stores in the bargaining unit. The process of implementing the change in the work week shall not adversely impact any employee nor shall such change modify any guarantee in the Collective Bargaining Agreement. The Employer shall provide the Union at least one (1) month's advance notice prior to making such change.
2. Part-Time. All non-probationary part-time employees shall be guaranteed a minimum of twelve (12) hours' work per workweek unless it is operationally unfeasible. Unfeasible shall be defined as follows:
a. The employee is called in to cover an absence or illness of another bargaining unit employee or in an emergency.
b. The employee is unable to work the scheduled hours or declines to work twelve (12) hours per workweek.
c. An employee working more than twelve (12) hours per workweek declines or refuses to work additional hours when requested to do so.
d. The provisions of Paragraph 7-C-3 of this Article shall not be applicable to part-time employees.
e. The employee is classified as an ice cream clerk.
f. All Part-time employees shall, on and after their second (2nd) anniversary date of hire, be scheduled a minimum of twenty-four (24) hours work per workweek providing the employee is available to work the scheduled hours.
Eligible employees may elect to work less than twenty-four (24) hours per workweek with the written agreement of the employee, the Employer and the Union. In such cases the employee will be scheduled pursuant to the twelve (12) hour minimum provided for above. This election may be revoked at any time by giving the company two (2) weeks written notice.
E. INTERRUPTION OF OPERATIONS. In the event operations cannot commence or continue when so recommended by civil authorities; or public utilities fail to supply electricity, water, or gas; or the interruption of work is caused by an Act of God, the foregoing guarantees shall not be applicable.
F. WORK SCHEDULE.
1. Ready for Work. All employees shall report for and be ready for work at their scheduled starting time. The term "ready for work" shall include appropriate or required dress.
2. Work Schedules. The Employer shall post a work schedule in ink for all employees, showing their surname and first (1st) initial not later than the end of the first (1st) shift on the Wednesday preceding the first (1st) day of the following workweek. Any alteration in such work schedule must be made not later than the end of the first (1st) shift on the Friday of such preceding week. If the work schedule within any day is changed after the end of the first (1st) shift on Friday without reasonable cause, the matter may be subject to the grievance procedure. An employee shall be guaranteed pay for the specific days in a workweek upon which he is scheduled to work, provided he is available for such work. The schedules shall show total number of hours scheduled for each employee. Information shall be posted alongside the schedule indicating employee classification and full-time/part-time status. This information shall be updated quarterly.
In the event that a new schedule is not posted, the previous weeks' schedule shall apply. In formulating the work schedule of any employee, a minimum of ten (10) hours shall have elapsed between the two (2) consecutive work shifts unless the weekly rotation of Sunday and night shifts is involved, provided, however, that this provision shall not apply to an employee designated by the Store Manager to act in his absence, nor shall it apply in the event of emergencies. Work performed prior to the ten (10) hours' elapsed time in violation of this Paragraph shall be paid at the rate of time and one-half (1½).
3. Rotation of Work. The Employer shall endeavor to rotate all full-time employees on night and Sunday work, except where such rotation adversely affects the Employer's operation.
4. Rotation of Days Off. All full-time clerks upon completion of one (1) year's service shall be provided with two (2) consecutive days off at least once each calendar month on either a Friday-Saturday, Saturday-Sunday, or Sunday-Monday. In order to be considered for two (2) consecutive days off, an employee must submit a request at least two (2) weeks prior to said weekend off. When scheduling an employee as required above, the provisions of Paragraph C-3 of Article 7 shall not apply. Provisions of this Paragraph shall not be applicable during the month of December each year.
5. Rest Periods.
a. An employee working more than six (6) hours in a day shall receive two (2) ten (10) minute uninterrupted rest periods during such day. The first (1st) rest period shall be given in the first (1st) half of the shift and the second (2nd) period during the second (2nd) half of such shift.
b. An employee working more than two (2) hours and not more than six (6) hours shall receive one (1) ten (10) minute uninterrupted rest period. This shall be given during the first (1st) four (4) hours of the employee's shift.
c. Insofar as practicable, rest periods shall be in the middle of each work period.
d. All employees who are required to work a minimum of an additional one (1) hour of overtime shall be entitled to a ten (10) minute rest period prior to the start of such overtime work.
e. The term uninterrupted means not being called to perform work. If the employee is called back to work during the break, the employee will be given a new uninterrupted break period to replace that which was interrupted as soon as possible.
6. Lunch Period. All hours shall be worked consecutively, except for a lunch period, which shall be one (1) hour. No eight (8) hour employee shall be scheduled for more than five (5) hours or less than three (3) hours before a meal break. However, by mutual agreement in writing between the manager and the employee, less than one (1) hour may be established to meet business conditions, but in no event may less than one-half (2) hour be given. If the Union becomes aware of abuse it reserves the right to revoke the option at any location(s) after first (1st) covering the Steps 1 and 2 of the grievance procedure contained in Article 16.
7. Sixth/Seventh Day. No employee shall be required to work seven (7) days in any workweek except in an emergency. It shall not be a violation of this contract, nor shall it constitute cause for discharge, if an employee declines to work on the sixth (6th) day of the workweek unless scheduled to work on such day.
8. Sunday Ratio. The Employer may schedule no more than two (2) part-time shifts for every one (1) eight (8) hour shift scheduled.
9. Holiday Ratio.
a. An employee who works on a holiday shall be guaranteed eight (8) hours' work, except that a full-time, or regular part-time employee who regularly works less than eight (8) hours on the day on which the holiday is observed, shall be guaranteed not less than the number of hours regularly worked on such day.
b. The eight (8) hour guarantee shall be deemed to have been complied with if less than an eight (8) hour shift is worked on the holiday, but said hours are part of an eight (8) hour shift which includes hours on either the day before or the day after the holiday. Hours worked during the twenty-four (24) hour period of the holiday shall be compensated at the holiday rate as set forth in this Article, and each hour so compensated shall apply toward the eight (8) hour holiday guarantee.
c. On holiday schedules, if eight (8) hour shifts create unnecessary overlapping of employees, the Employer may schedule part-time employees for four (4) hours or more, but the number of short-employee shifts shall not exceed the number of eight (8) hour employee shifts on said holiday.
d. Where a condition arises that there are no part-time employees available, then full-time employees may be scheduled for less than eight (8) hours, on a voluntary basis, provided that said work is in excess of the regular holiday workweek of thirty-two (32) hours.
e. In those stores open for less than nine (9) hours on holidays, full-time employees who have been scheduled for four (4) eight (8) hour days will be permitted to work less than eight (8) hours on the holiday, but will be guaranteed the number of hours the store is open, less a lunch hour if the shift exceeds six (6) hours. Such employees shall receive no less than five (5) hours' pay at the holiday premium rate. If said employees perform work before the store opening and/or after the store closing, the eight (8) hour guarantee at the holiday premium rate of pay shall apply, and all hours worked in excess of eight (8) hours shall be compensated at the holiday premium rate of pay. This exemption from the holiday guarantee shall apply to full-time employees only, unless no full-time employees are available.
10. Holiday Scheduling. Work on Thanksgiving and Christmas shall be assigned by the Employer on a voluntary basis. Should the Employer be unable to staff its store with volunteering employees the Employer may assign employees to work the holiday by inverse seniority. Once an employee has agreed to work on Thanksgiving or Christmas and the work schedule has been posted, he shall be required to work said days. Written requests to work on any holiday shall be given first (1st) preference based on seniority. Employees working on the day of December 24th and/or December 31st shall be scheduled on the basis of inverse seniority to allow the most-senior employee the early shift on Christmas Eve and New Year's Eve.
11. Overtime Preference. Employees shall be given preference for overtime work by seniority, provided they are qualified to perform such overtime work. This provision shall not be a requirement on the Employer to create overtime work.
12. Full-Time/Part-Time Ratio. The Employer agrees to a ratio that will provide an overall ratio of forty percent (40%) full-time employees and sixty percent (60%) part-time employees throughout the jurisdiction of this Agreement. It is agreed that all UFCW bargaining unit employees shall be included within the calculation, excluding only employees classified as ice cream clerks and Christmas extras. The Employer acknowledges that this ratio shall be accomplished through attrition or as provided for in Article 5-E of this Agreement.
13. Part-Time Scheduled Hours. More senior part-time employees shall not be scheduled fewer hours in a store than less senior part-time employees, who are qualified to perform the same work in the same store when availability is equal. Alleged violations of this Paragraph must be grieved by the end of the first (1st) shift of the Friday following any Wednesday scheduled posting or by the end of the first (1st) shift on the Monday following any Thursday or Friday schedule change or shall be forever waived. Reduction of hours of a less senior employee necessitated by the scheduling of more hours to a senior employee shall not give rise to any schedule/pay grievance by a less senior employee. The Employer agrees that it will not flat schedule all part-time employees in any store.
14. Schedule Preferences. Any employee wishing special scheduling consideration including preferential schedule hours must make such preferences known in writing to the store management prior to noon Tuesday. Such notices will remain in effect until revoked in writing by the employee. Store management will attempt to accommodate, by seniority, as many such requests as operationally practical provided the employee has the skills and ability to perform the job.
A. ALL EMPLOYEES.
1. Base Rates. Attached to and made a part of this Agreement is Appendix A which sets forth the straight-time hourly rates for all employees covered by this Agreement.
2. Apprenticeship. An apprentice is an individual who has had insufficient experience to qualify as an experienced or journeyman clerk. Effective July 3, 1989, there will be one (1) five hundred twenty (520) hour period and five (5) one thousand forty (1,040) hour periods in order to reach the experienced drug clerk rate at the end of five thousand seven hundred twenty (5,720) hours. Effective with the fifth (5th) anniversary date of hire, employees hired on or after July 1, 1986 shall receive the journeyman drug clerk rate of pay regardless of the total number of hours worked.
3. Prior Industry Experience.
a. New hires shall be credited with prior industry experience as follows:
Less than 520 hours' prior experience -- no credit.
520 hours' but less than l,560 hours' prior experience --
520 hours' credit.
l,560 hours' but less than 2,600 hours' prior experience --
l,560 hours' credit.
2,600 hours' but less than 3,640 hours' prior experience --
2,600 hours' credit.
3,640 hours' but less than 4,680 hours' prior experience --
3,640 hours' credit.
4,680 hours' but less than 5,720 hours' prior experience --
4,680 hours' credit.
5,720 hours' or more prior experience -- full credit.
b. New hires not previously employed by the Employer who are entitled to prior experience credit shall receive the entry level wage rate during the first (1st) thirty (30) days of employment and one (1) bracket lower than their experience calls for during the next ninety (90) days of employment.
c. New hires previously employed by the Employer shall receive full credit for prior experience with the Employer in the type of work to be performed.
d. Definition of Prior Experience. Prior industry experience is defined as experience under UFCW collective bargaining agreements in the State of California in the drug and discount industry or general merchandise in the food agreement during the ten (10) year period prior to employment under this Agreement. Full recognition shall be given for experience in the type of work to be performed under such agreements during the most recent five (5) year period prior to the date of hire. Prior industry experience which occurred in more than five (5) years but no more than ten (10) years prior to the date of hire shall receive credit equal to two (2) brackets below that which their experience calls for. Only such experience stated on the employee's application and confirmed by the Employer or acceptable proof by the employee shall be credited.
4. Christmas Extra Employees. Clerks hired specifically to work during the period of November 1st through January 15th shall be paid at the first (1st) bracket apprentice rate.
5. Journeyman Provision. With reference to clerks hired prior to July 1, 1986, the Employer agrees not to replace them with employees hired on or after July 1, 1986, for the purpose of taking advantage of the lower rates effective on or after July 1, 1986.
6. Lead Clerks.
a. Stores in which the total clerks' hours worked exceed four thousand (4,000) hours per month shall employ a minimum of three (3) lead clerks. Each lead clerk will be compensated an additional fifty cents (504) per hour premium over the current rate of pay or the experienced clerks rate of pay as set forth in Appendix A, Paragraph A-1, whichever is greater. When a store qualifies for four (4) exclusions a fourth (4th) lead clerk shall be assigned.
b. To qualify as a lead clerk store, the aforementioned qualifying hours must be maintained as an average during four (4) of the preceding six (6) months. The evaluation period to determine which stores qualify as "lead-clerk stores" will be from October 1 through March 31 and April 1 through September 30. The necessary adjustments based on this evaluation will be effective the first (1st) payroll period in January and July of each year. Selection of the lead clerks shall be vested solely in management who will give factors such as seniority, qualifications and intent to remain in the industry full consideration.
c. It is agreed that management trainees shall not be classified as lead clerks.
7. Key Associates. Clerks who are assigned the position of Key Associates shall receive an additional fifty cents (504) per hour premium over their current rate of pay.
8. Pharmacy Clerks. Clerks who are assigned to assist in clerical and pharmacy related duties (including the running of the pharmacy register if it is in combination with clerical pharmacy duties) directly connected with the pharmacy and under the supervision of the pharmacist shall receive thirty-five cents (354) per hour over their current rate of pay when performing such duties.
9. Price Accuracy Coordinators - Clerks who are assigned the position of Price Accuracy Coordinator shall receive an additional fifty cents (504) per hour over their classification rate of pay.
10. Ice-Cream Clerks.
a. The rate of pay for ice-cream clerks shall be as set forth in Appendix A of this Agreement.
b. The Company will not have to make any fringe contribution on behalf of ice-cream clerks -- nor will ice-cream clerks be eligible for night premium, Sunday premium, sick leave, holiday pay, vacation pay, or funeral pay.
c. The duties of an ice-cream clerk shall be limited to the handling and sale of ice cream and incidental candy bars, chewing gum and popcorn located at or immediately adjacent to the ice-cream counter and the stocking only of ice-cream products situated within the self-service display cases. In addition, the ice-cream clerk may perform general cleaning of the immediately adjacent area to the front of the store and if applicable the concourse of same. The ice-cream clerk can also perform the following janitorial duties: dry mop store, empty trash, clean break room, clean front door glass and spot clean spills and breakages. Further, the ice-cream clerk may collect shopping carts and assist customers to their cars with their purchases. These clerks may also be required to wrap or bag. It is agreed that a maximum of four (4) employees may be classified and assigned the duties of an ice-cream clerk in a given store, provided, however, that only two (2) ice-cream clerks will be scheduled to work during the same hours (shift) each workday.
d. In the event an ice-cream clerk wishes to become a regular clerk, he must make his request in writing to the store manager. The store manager shall not arbitrarily refuse such request when an opening exists.
e. Any ice-cream clerk assigned to other than the above duties shall be paid at the journeyman rate of pay for the entire shift during which the nonpermitted work occurs.
f. In the event an ice-cream dipper is promoted to a drug clerk, he shall be credited with all prior experience as an ice-cream dipper not to exceed five hundred twenty (520) hours. Upon promotion, ice cream clerks shall receive up to five (5) months’ credit for hours worked during the previous five (5) months for the purpose of determining health and welfare eligibility. For all other benefit purposes, the date of promotion shall begin any waiting period. The Employer shall not be required to make any retroactive contributions.
B. PREMIUMS.
1. Night Premium. For all time worked by employees, after 7 P.M. and before 7 A.M., a premium of twenty-five cents (254) per hour shall be paid. In twenty-four (24) hour stores, the night premium shall be twenty-five cents (254) per hour for all hours worked between the hours of 7 p.m. and 10 p.m. and seventy-five cents (754) per hour for all hours worked between the hours of 10 p.m. and 7 a.m.
2. Sunday Premium. For all time worked on Sunday by employees, a premium of one dollar ($1.00) per hour shall be paid. This provision shall not apply to employees hired on or after July 1, 1986.
C. OVERTIME.
1. Daily/Weekly Overtime. All work performed in excess of the regular day's work of eight (8) straight-time hours in any one (1) day, or in excess of the regular forty (40) straight-time hours in any one (1) regular workweek, or thirty-two (32) straight-time hours in any holiday week exclusive of work on the holiday, shall be deemed overtime and paid for at the overtime rate of time and one-half (12) the employee's regular straight-time rate of pay, or at a higher premium rate, if such is applicable.
2. Sixth Day Overtime/Full-Time. Time and one-half (12) shall be paid on said sixth (6th) day, contingent upon the employee's completion of his scheduled workweek.
3. Seventh Consecutive Day Overtime/Full-Time. Where a five (5) day, full-time employee is scheduled to work more than six (6) consecutive days in any combination of workweeks, said employee shall receive time and one-half (12) (or such higher premium as may apply) for all time worked after the sixth (6th) consecutive day, until such time as his consecutive days of work have been interrupted by a prescheduled day off. The above shall not apply to regularly scheduled six (6) day employees, provided that overtime or premium rates are paid where applicable. The sixth (6th) day of work within one (1) workweek, whether prescheduled or not, shall act as an interruption in the continuity of consecutive days worked. Where the application of this sixth (6th) day provision would interfere with the rotation of days off, overtime shall be paid after the seventh (7th) consecutive day.
4. Predesignated Day Off Guarantee. Any full-time employee called to work on his predesignated day off, as established in the work schedule provisions, shall be guaranteed eight (8) hours' work at the overtime rate of pay.
5. Sixth Day Overtime/Part-Time. Part-time employees shall be paid time and one-half (12), or such premium rate as may apply, for all work performed on the sixth (6th) day of work as such, in any regular workweek, or on the fifth (5th) day of work in any week in which a holiday falls, excluding the holiday, as provided in this contract. This Paragraph shall not apply when a part-time employee desires, in writing, additional work, including work on a sixth (6th) workday and the Employer accommodates said employee. If the Union becomes aware of abuse it reserves the right to revoke the option at any location(s) after first (1st) covering the Steps 1 and 2 of the grievance procedure in Article 16.
6. Early/Late Meal Periods. An eight (8) hour employee who is required to work in excess of five (5) hours without a meal period shall receive overtime pay from the end of the fifth (5th) hour until the meal period commences. Eight (8) hour employees who are required to work less than three (3) hours before commencing their lunch period shall receive overtime pay for the time between the start of their lunch period and the three (3) hour mark.
7. Overtime Basis. The overtime rate for employees who receive a wage scale in excess of the rates in this contract shall be based on said employee's actual rate of pay.
8. Nonpyramiding. The following are penalty rates: overtime rates, premium rates (night and Sunday), holiday rates. No penalty rate of any kind shall be pyramided or paid in addition to any other penalty rates, and only the single highest applicable penalty rate shall be paid for any given hour of work.
D. PAY PERIOD AND WAGE STATEMENT. All employees shall be paid on a weekly or biweekly basis. The Employer shall designate a payday not to exceed six (6) days following the completion of the applicable pay period, and employees must be paid on that day. The Employer agrees to furnish each employee with a weekly itemized wage statement showing the name of the employee, period covered, straight-time and overtime or premium hours worked, total amount of straight-time, overtime and premium wages paid and all deductions made. An employee scheduled off on a payday shall be paid on the employee's last scheduled working day before the payday, if checks are available. In addition to the itemized wage statement, the Employer will provide to each employee on the first (1st) payday in each calendar quarter, a statement indicating their earned vacation and sick leave hours.
E. TIME RECORDS.
1. Daily Records. The Employer shall furnish forms, either time cards or other time records, on which the employee shall be required daily to record time worked on each day. Such daily record shall be verified by the Employer and employee at least weekly and shall be available for inspection upon request by the Union representative entitled to such information.
2. Collusion or Coercion. In the event of falsification of time records through collusion or coercion, where it is established that both the employee and the Employer had knowledge of such falsification, the employee shall be paid for all time worked, by check mailed to the Union.
F. BONUS PAYMENTS. All bonuses and commissions paid to the employee shall not be considered as wages but are to be considered for the purpose of this Agreement as extra compensation over and above the minimum wage provided for in this Agreement. All bonuses and commissions are at the option of the Employer and may be changed or discontinued at any time without notice, except as provided herein in this Agreement. Bonuses and commissions shall not be used to defeat the wage provisions of this Agreement.
G. TRAVEL TIME. Whenever the employee is required by the Employer to change from one store to another during the same day, all time consumed by said employee in going either to or from one store to another shall be considered and paid for as part of the employee's regular duties.
H. INJURY ON THE JOB. When an employee is injured on the job, there shall be no deduction from the employee's pay for the day in which the employee was injured and reported for medical care. When such employee returns to work following the injury, and is certified as ready and able to perform all regular duties, but requires medical treatment as a result of the same injury, the Employer shall adjust the work schedules without penalty to the employee, to provide both the time for medical care and the number of hours of work for which the employee is regularly scheduled.
I. LEGAL PROCEEDINGS.
1. Required Appearance. Any employee served with a legal notice, citation or subpoena which involves any facet of the Employer's operation, or which may require the employee to appear in legal proceedings during scheduled work time, shall immediately inform the Employer of such service.
2. Requested Appearance. Employees shall be paid as time worked under the terms of this Agreement for time spent at appearances in legal proceedings at the request of the Employer.
3. Work Related Appearance. In addition, employees shall be paid as time worked under this contract for time spent at appearances or required standby in legal proceedings under subpoena issued by the court when the event, or events, giving rise to the issuance of the subpoena occurred while the employee was on duty working for the Employer, and so long as the Employer is not a party defendant or respondent in such proceeding, and no relief of any kind is sought against the Employer nor the imposition of any penalty or punishment upon him.
4. Former Employees. Those who at the time of the legal appearance are no longer employed by the Employer, shall be paid by such Employer at the rate of straight time for the time spent at the legal appearance, with a minimum guarantee of four (4) hours per day. In no sense is it to be construed that the former employee becomes an employee as a result of such payment.
J. STORE/COMPANY/MEETINGS.
1. Store Meetings. No store and/or Company meetings shall be held as to conflict with the regular meetings of the Union, and upon three (3) days' notice to the Employer of a special meeting, the Employer agrees to hold no store meetings in conflict therewith. Employees shall not be required to attend store meetings on their scheduled days off. Actual time spent at store meetings shall be considered as time worked and paid for in accordance with this Agreement, but shall not constitute hours worked with respect to overtime or any other premium pay and report-in pay provisions of Article 7-C-2, 3, 4 and 5 and Article 6-C-1, 2 and 3 shall not be applicable. Should the Company have more than one (1) store meeting per quarter all time spent at store meetings in excess of the one (1) per quarter shall be considered as time worked and paid for in accordance with this Agreement, including all premiums, overtime and report-in pay.
2. Company Meetings. Attendance at Company meetings (as distinguished from store meetings) shall not be required, but shall be completely voluntary on the part of the employee.
K. AUTO ALLOWANCE. The mileage allowance shall be the company=s uniform mileage allowance but in no event shall it be less than twenty-five cents (254) per mile.
L. TRAINING SCHOOL FEES. Where, as a condition of employment, the Employer requires attendance at a school or training establishment, and where a fee is charged for such instruction or training, the fee shall be borne by the Employer.
M. BOND FEES. Whenever the Employer requires the bonding of any employee or the carrying of any insurance for the indemnification of the Employer, the premiums for the same shall be paid for by the Employer. Should an employee be refused bond by a bonding company, after his first (1st) thirty (30) days of employment, the Employer agrees to make a reasonable effort to secure a bond in an appropriate case without added cost to the Employer.
N. HEALTH EXAMINATION. The Employer shall pay the cost for any city, county or state health examination required of employees who are covered by this Agreement.
O. NO REDUCTION IN RATES. It is further agreed that no employee shall suffer any reduction in rates or general working conditions by reason of the signing of this Agreement. No employee receiving hourly rates in excess of the rates herein shall be replaced by another employee at a lesser hourly rate for the purpose of avoiding any of the provisions of this Agreement.
P. WAGE AND PRICE CONTROLS. If by Presidential decree or legislative enactment, wage and price controls are instituted which cause any provisions of this Agreement to affect either of the parties adversely, such provisions may be reopened for negotiations. The party adversely affected must give fifteen (15) days' written notice to the other party in order to so reopen this Agreement. Any issues unresolved as a result of such reopening may be submitted to final and binding arbitration by either party under the procedures set forth in Article 16.
Q. CHARITY. The Employer shall not conduct or handle any campaign or drive for charitable purposes among his employees except where the cooperation and contributions of the employees are voluntary.
R. PRODUCTS HANDLED. The rates set forth herein in Appendix A reflect and are based upon the kinds, types, mixture, customer exposure, and the merchandising, advertising and pricing methods of products traditionally and historically handled by the retail drug industry of Southern California.
Rates of pay for employees under this Agreement handling products not traditionally and historically handled, as set forth above, by the retail drug industry of Southern California, shall be subject to further negotiation upon written notice by either party to this Agreement.
If the parties cannot agree on the appropriate wage rates for such employees pursuant to such negotiations, either party may then submit the unresolved issue to the arbitration procedure set forth in Article 16 of this Agreement.
A. FULL-TIME EMPLOYEES.
1. One Year. All full-time employees who have been continuously employed by the Employer for one (1) year shall receive one (1) week's vacation with full pay.
2. Two Years. All full-time employees who have been continuously employed by the Employer for two (2) years shall receive two (2) weeks' vacation with full pay.
3. Five Years. All full-time employees who have been continuously employed by the Employer for five (5) years shall receive three (3) weeks' vacation with full pay.
4. Fifteen Years. All full-time employees who have been continuously employed by the Employer for fifteen (15) years shall receive four (4) weeks' vacation with full pay.
5. Twenty Years. All full-time employees who have been continuously employed by the Employer for twenty (20) years shall receive five (5) weeks' vacation with full pay.
6. Continuous Employment Defined. Continuous employment for the purpose of this Article shall be measured from the last date of hire with the Employer. However, when there has been continuous leave of absence in excess of one (1) year, the period of continuous employment shall be reduced by the number of full years of such absence.
B. PAY.
1. Full Pay Defined. The term "full pay" shall be defined as forty (40) hours' pay at the employee's straight-time hourly rate which was in effect at the time his vacation became due on the employee's anniversary date provided, however, that if the Employer does not pay the vacation pay on the anniversary date, the payment of vacation pay shall be based on straight-time hourly rate of pay in effect at the time the employee takes the vacation.
Absence from work up to seven (7) weeks or two hundred eighty (280) straight-time hours within the period of fifty-two (52) consecutive weeks, immediately preceding the employee's anniversary date, due to sickness, injury or temporary layoff, or other bona fide emergencies, shall be considered as time worked for the purpose of determining eligibility for full vacation pay. In the event that an employee is absent from work in excess of seven (7) weeks, as set forth above, whatever vacation pay the employee is entitled to shall be prorated according to the ratio that the straight-time hours actually worked bear to two thousand eighty (2,080) hours. Hours worked shall include paid holidays, paid vacations and paid jury duty.
2. Part-Time Vacation Pay. Part-time employees shall be entitled to vacation pay on each anniversary date of their employment, prorated on the basis of the average straight-time hours worked during the preceding year, according to the vacation formula set forth in this Article 8-A. Said vacation pay shall be based on the straight-time hourly rate in effect on the employee's anniversary date provided, however, that if the Employer does not pay the vacation pay on the anniversary date, the payment shall be based on the straight-time hourly rate of pay in effect at the time the employee takes the vacation.
3. Payment Date. The Employer must pay the employee the vacation pay on the employee=s anniversary date. The payment of an employee=s vacation pay shall be by separate check and computed at the same tax rate schedule as the computation of regular wages per week. Termination vacation pay is due within seven (7) calendar days of termination or resignation.
4. Pro-Rata.
a. General. Upon termination of employment for any reason other than discharge for proven or admitted dishonesty, an employee shall receive whatever vacation pay is due, prorated on the basis of the number of straight-time hours worked, provided that the employee has been in the continuous employ of the Company for six (6) months or longer. Said vacation pay shall be prorated according to the ratio that the straight-time hours actually worked bear to two thousand eighty (2,080) hours. Employees terminated for proven or admitted dishonesty shall forfeit all vacation pay.
b. After 6 Months. Employees whose employment is terminated, and who have been in the continuous employ of the Company more than six (6) months, but less than one (1) year, shall not be entitled to such pro rata pay where termination of employment is due to a discharge or to a voluntary quit, but shall receive prorated vacation only when termination of employment is due to a layoff.
c. After 12 Months. Any employee who has been in the employ of the same Employer for twelve (12) consecutive calendar months, but not to exceed eighteen (18) consecutive calendar months, shall upon termination of employment be entitled to receive a pro rata of the earned vacation on the basis of one (1) workweek consisting of forty (40) hours at straight-time pay for all months for which no vacation has been paid.
d. After 18 Months. Where an employee has been in the employ of the same Employer in excess of eighteen (18) consecutive calendar months, he shall receive upon termination, a pro rata of accrued vacation pay on the basis of eighty (80) hours at straight-time pay for all months for which no vacation has been paid, but in no event shall vacation pay for the first (1st) year's employment exceed one (1) week's pay. It is further provided that employees who voluntarily quit after eighteen (18) consecutive calendar months of employment with the same Employer, and prior to two (2) years' employment with the same Employer, shall receive pro rata of accrued vacation pay on the basis of forty (40) hours at the straight-time rate of pay.
e. After 5 Years. An employee who has been in the employ of the same Employer for five (5) years or more shall, upon termination, receive accrued vacation pay on the basis of three (3) weeks per year for all time in excess of five (5) years for which no vacation pay has been received.
f. After 15 Years. An employee who has been in the employ of the same Employer for fifteen (15) years or more shall, upon termination, receive accrued vacation pay on the basis of four (4) weeks per year for all time in excess of fifteen (15) years for which no vacation pay has been received.
g. After 20 Years. An employee who has been in the employ of the same Employer for twenty (20) years or more shall, upon termination, receive accrued vacation pay on the basis of five (5) weeks per year for all time in excess of twenty (20) years for which no vacation pay has been received.
5. Not Waived. Vacation may not be waived by an employee, nor may extra pay be received for work during that period; provided, however, that by prior mutual agreement between the Employer, the employee and the Union, this provision may be waived.
C. INDUSTRY VACATION. Additional vacation pay based on industry experience shall be provided in accordance with the provisions of the Trust Fund set forth in Article 14. Said additional vacation pay shall be paid to the employee by the Trust Fund. Any employee entitled to vacation pay as herein provided shall not suffer any loss of credits for health and welfare benefits or pension benefits that are provided under Article 14 of this Agreement.
D. VACATION SCHEDULE.
1. Posting/Selection. The Employer shall prepare and post in each store a vacation schedule not later than January 15th of each year and such vacation schedule shall remain posted until March 1st for the purpose of enabling the employees to select their vacation period. Vacation periods shall be fixed by the Employer to suit the requirements of his business, but as far as possible and practicable, vacations will be given during the summer months (through October if requested by the employee), and for employees with school-age children during the school summer vacation. Vacation periods other than those listed above may be applied for to management and full consideration will be given to grant the request unless it has an adverse affect on the Employer's business. Vacation period shall be unbroken except by mutual consent between Employer and employee.
2. Scheduling by Seniority. The Employer shall be required to give vacation time off based on the number of weeks of vacation due the employee from the Employer and from the vacation trust fund. Within the limits set forth in this Paragraph, vacations shall be scheduled by seniority.
3. Notice. In scheduling a vacation of an employee, the Employer shall give as much notice as possible prior to the date of beginning the vacation but not less than thirty (30) days.
4. Not Cumulative. Vacations may not be cumulative from one (1) year to another.
5. Holiday During Vacation. If a holiday named under Article 9 of this Agreement falls within the vacation period of an employee, he shall be granted an additional day of vacation with full pay, or an additional day's pay in lieu of the holiday. The additional day of vacation shall be counted as a day worked for the purpose of weekly overtime computation during the week in which the employee returns to work.
A. PAID HOLIDAYS.
1. Holidays. The following days shall be holidays and granted without reduction in pay:
New Year's Day Thanksgiving Day
Memorial Day Christmas Day
Independence Day Employee's Birthday
Labor Day Employee's Anniversary Date of Hire
Personal Holiday
No employee shall receive pay for any holidays not worked unless such employee has reported for work on his or her regular working day next preceding and next following said holiday. Employees shall be deemed to have reported for work if absence on said day before and said day after said holiday is due to express permission from or action of the Employer, provided the employee has worked during the holiday week, except that if the employee is absent during the entire holiday week due to illness or injury, then he must have worked at least one (1) day during the week immediately preceding the holiday week in order to be entitled to holiday pay.
2. Sunday/Monday Observance. When one (1) of the above days falls on a Sunday, the following Monday shall be considered the holiday instead of Sunday, with the exception of Christmas Day and New Year's Day which shall always be celebrated on December 25 and January 1 respectively. If the employee's birthday or anniversary date of hire falls on another contract holiday, it shall be observed the following day or within thirty (30) days as set forth in Paragraph 4, below. The Employer recognizes that the employee's birthday and the anniversary date of hire holidays are paid holidays to be scheduled in conjunction with the employee's regular day off.
3. Eligibility. During the first (1st) year of their employment, employees shall not be entitled to pay for time not worked on the holiday, or to overtime for the first (1st) eight (8) hours on the fifth (5th) day of such week.
4. Birthday/Anniversary Holidays. If an eligible employee's birthday or anniversary date of hire falls during December, the Employer may schedule the employee's birthday or anniversary date of hire holiday during the following January. Reasonable notice shall be given to the eligible employee of the date. In the event an eligible employee terminates employment for any reason after the birthday or anniversary but prior to actually receiving the personal holiday off with pay, the employee shall receive pay for the birthday holiday or anniversary date of hire holiday.
5. Personal Holiday. An employee requesting a given workday date as the personal holiday must do so at least fourteen (14) calendar days in advance. The Employer shall endeavor to grant such requests subject to store operational requirements. The Employer will grant such holiday time off with pay to the senior requesting employee(s). Personal holiday dates, once granted for that year, will become permanent fourteen (14) calendar days prior, and no senior employee(s) shall have a right to such
Personal holidays are expected to be scheduled and taken. In cases where an employee has been scheduled for a personal holiday, and the Employer cancels such holiday, the employee will receive holiday pay in accordance with the provisions of Paragraph B below. Mutual rescheduling may be undertaken in lieu of holiday pay.
6. Holiday Requests. The Company agrees that no employee will be denied a birthday, anniversary or personal holiday to which he would otherwise be entitled as a result of the employee's failure to request such a holiday in advance. Rather employees who fail to request the birthday, anniversary or personal holiday in advance shall be entitled to another mutually agreeable day off with pay within thirty (30) days of the request. The Company will make every effort to inform employees of their entitlement to the above named holidays.
7. Monday Observance. With respect to any of the holidays listed in this Agreement which may, by virtue of controlling legislation be celebrated on Monday, this Agreement will be changed automatically to permit such Monday observance, coincident with the dates specified in such legislation.
B. HOLIDAY PAYMENT.
1. Rate. Work as such on a holiday shall be compensated at two and one-half (22) times the straight-time hourly rate of pay for all hours worked after an employee's first (1st) year of employment. Said two and one-half (22) times shall include any premium pay or overtime that may be applicable, and includes pay for the holiday itself.
2. Holiday Week. A regular holiday workweek shall consist of the holiday itself and four (4) other eight (8) hour days. All full-time employees shall receive forty (40) hours of straight-time pay for thirty-two (32) straight-time hours of work excluding the holiday. A full-time employee, not working on a holiday, shall receive eight (8) hours' pay for the holiday, in addition to the pay specified in this Agreement for the other four (4) days referred to above. All time worked over the thirty-two (32) hours, exclusive of the holiday, shall be paid for at the rate of time and one-half (12) the employee's regular rate of pay.
The following hypothetical examples accurately reflect the intention of the parties set forth above with respect to employees after one (1) year of employment:
Hours of
Total Pay at
(Holiday) Hours Straight
M Tu W Th F Sa Su Worked Time
Example #1
Hrs.wkd. 0 8 8 8 8 0 0 32
Pay for 8 8 8 8 8 0 0 40
Example #2
Hrs. wkd. 0 8 8 8 8 8 0 40
Pa