Cornell University ILR [email protected] and Education Collective BargainingAgreements - U.S. Department of LaborCollective Bargaining Agreements8-1-1980Fry's Food Stores of Arizona, Inc. and United Food andCommercial Workers, AFL-CIO, Local 99 Memorandum (1980)Follow this and additional works at: s2Thank you for downloading an article from [email protected] this valuable resource today!This Article is brought to you for free and open access by the Collective Bargaining Agreements [email protected] It has been accepted for inclusion in Retail and Education Collective Bargaining Agreements- U.S. Department of Labor by an authorized administrator of [email protected] For more information, pleasecontact [email protected] you have a disability and are having trouble accessing information on this website or need materials in analternate format, contact [email protected] for assistance.
Fry's Food Stores of Arizona, Inc. and United Food and Commercial Workers, AFLCIO, Local 99 Memorandum (1980)LocationAZEffective Date8-1-1980Expiration Date7-1-1983Number of Workers900EmployerFry's Food Stores of Arizona, Inc.UnionUnited Food and Commercial WorkersUnion Local99NAICS44SectorPItem ID6178-008b173f016 03Keywordscollective labor agreements, collective bargaining agreements, labor contracts, labor unions, UnitedStates Department of Labor, Bureau of Labor StatisticsCommentsThis digital collection is provided by the Martin P. Catherwood Library, ILR School, Cornell University. Theinformation provided is for noncommercial, educational use, only.This article is available at [email protected]: s2/1186
&u z oa \x V8 *'%NON-ECONOMIC CONTRACT PROPOSALS'y/ 2.Fry's Food StoresAugust, 1980OEC 1 **80' & vCjoO& 'Change: 'R eta il Clerks International Union' to 'United Food and Commercial WorkersInternational Union' where applicable.WITNESSETHChange: t i t l e to 'Intent and Purpose'ARTICLE IAdd: The Employer w ill provide the Union, in w riting, as soon as possible withinth irty (30) days from the date o f employment, a l i s t o f a ll newly hired employeesshowing the employee's fu ll name, date o f h ire, store assignment, c la s s ific a t io nand rate o f pay.ARTICLE IIDelete: reference to 'Courtesy Booth' and in sert 'w ill be posted in a conspicuousplace in the s t o r e .'ARTICLE IIIChange: t i t l e o f A rticle to 'D iscip lin e o f and Discrimination Against Employees'A) Change:No employee shall be d iscip lin e d or discharged without ju st cause,G) Change: An employee shall be n o tifie d in w riting by the Employer at the time o fsuspension or discharge o f the reason fo r such action and the employee must signthe report.K) Add: When a suspension i s le v ie d as a form o f d iscip lin e i t shall not exceedthree (3 ) days' duration.ARTICLE IVA) Change: E ffective September 1, 1980 sen iority is defined as the length o f continu ous employment within the c la s s ific a tio n within the bargaining unit with the Employerfo r purposes o f la y o f f , r e c a ll, scheduling and reduction o f hours. S eniority fo rthe purposes o f sick leave accrual, vacation accrual and e l i g i b i l i t y fo r holiday payshall be the length o f continuous employment with the Employer. It is understoodthat those employees on the payroll on the date o f r a t ific a t io n o f th is Agreement,shall not have their sen iority dates changed from the date established on that dateunless they are promoted or transferred to another c la s s ific a t io n thereafter.C) Lost or Broken S eniority - Add new item 6.In the event an employee is transferred, within the Company, out o f the bargainingunit fo r any reason and i s la te r transferred back, the. employee shall retain sen ioritypreviously acquired by employment with the same Employer under th is C ollective Bar gaining Agreement.D) Change: S eniority shall be maintained separately as follow s:Food Clerk (cash ier, stocking crew and produce)Maintenance and Sanitation ClerkBakery-Doli ClerkCourtesy ClerkGeneral Merchandise ClerkE) Change: Courtesy Clerks shall apply Company se n io rity within th e ir assigned store.In the event an employee in th is c la s s ific a t io n must be la id o f f , sen iority shallprevail in the lay o f f . A Courtesy Clerk may only be transferred from th eir assignedstores by th eir own request.F) Change: A ll part-time employees shall be scheduled in accordance with Companysen iority for scheduled s h ifts providing maximum hours o f work up to and includingeight (8 ) hours per day and fo r ty (-40) hours per week. Such scheduling must be inthe same store, comparable job assignment and department, i . e . Produce Department,Grocery Department, Bakery-Deli Department, Courtesy Clerk, e tc. Any employeewishing special scheduling consideration (fewer hours per week, certain days o f fand preferen tia l schedule hours) must make such needs known, in w riting, p rio r tonoon Thursday to the store management. Such n otices w ill remain in e ff e c t un tilrevoked, in w riting, by the employee. Store management, by s e n io rity , w ill attemptto accommodate as many such requests as operation ally p r a c tic a l.G) Delete: Courtesy Clerks Scheduling: Courtesy Clerks who desire additional hourso f work per week w ill n o tify management in w riting p r io r to noon on Thursday, andsuch employee shall be scheduled said additional hours, i f availa ble, by store sen iority.
ARTICLE IVH) Full-time Journeyman Food Clerks Scheduling: A ll fu ll-tim e Journeyman Food Clerksw ill receive consideration, based on th eir Company s e n io rity and q u a lific a tio n , fo rschedule preference in comparable job assignments.DELETE: REFERENCE TO JOURNEYMANK) Add:There shall be no scheduled s p lit s h ifts .L) Add: Recognizing that changes in operations, conditions, e t c ., may occur during thel i f e o f th is Agreement, the Employer and the Union agree, that i f mutually agreed,the p a rties may meet and, i f appropriate, discuss or a lte r s e n io rity to b e tte r su itthe needs o f the p a rties. This may include, but is not lim ited to , d is t r ic t sen ior it y , area sen iority , etc.Any agreement reached must be reduced to w riting and signed by the appropriateparties before i t could be placed in e ffe c t .M) Grievances regarding p referen tia l s h ift selection and part-tim e scheduling must bef i le d with the store manager, in w riting, within fo rty -e ig h t (4 8 ) hours o f theposting o f the schedule. Grievances not fi le d within th is time lim it shall benull and void.N) The Employer w ill not vise the scheduling o f work s h ifts as a d iscip lin a ry measure.O) An employee being reca lled from la y o f f shall not be required to complete anotherapplication fo r employment.P) Current store sen iority l i s t s shall be maintained and made available in each store toemployees o f the store and the Union Business Representatives upon request.ARTICLE VA) Add: 'Any part-tim e employee scheduled fo r fo r ty (4 0) hours per week fo r four (4 )consecutive weeks w ill be c la s s ifie d as a fu ll-tim e employee. A s p e c ific in d iv id u a l's assignments to temporary vacancies covered by vacation, illn e s s , in jury orleave o f absence shall not count toward the aforementioned four (4 ) consecutiveweeks.3) Delete:G) Add:references to Junior Snack Bar and Junior Bakery Department employees.Once theschedule i s posted i t shall not be removed.L) Add: Recognizing that changes in operations, conditions, e tc . may occur during thel i f e o f th is Agreement the Employer and the Union agree, that i f mutually agreed,the p a rties may meet and, i f appropriate, discuss or a lte r the ba sic work day tob etter suit the needs o f the p a rties.Any agreement reached must be reduced to w riting and signed by the appropriateparties before i t could be placed in e ff e c t .ARTICLE VIC) Change: Vacations w ill be granted on a se n io rity basis by store and c la s s ific a tio nduring the Employer's established vacation periods, which w ill be January 1 throughDecember 31 o f each year. The Employer need not adversely a ffe c t the e ff ic ie n toperation o f the store by the application o f sen iority to vacation scheduling.(30 day n otice to remain the same)G) Add: A vacation may not be waived by an e lig ib le employee and extra pay receivedfor work during that period unless agreed by the Employer and the Union. Vacationsmust be taken during each anniversary year.ARTICLE VIIE) Add: When an employee i s promoted from one c la s s ific a tio n to a higher c la s s ific a tio nhe w ill be placed in the second step progression o f the new c la s s ific a t io n intowhich he is promoted provided he has completed the minimum length o f time requiredo f the f i r s t step progression o f that p o s itio n . Promotion from Courtesy Clerk w illbe to f i r s t step o f new c la s s ific a tio n .H) Add: Courtesy Clerks Working at Apprentice Rate:1.As mutually agreed between the Employer and the Union, i t sh all be perm issibleto in s titu te a plan in the individual stores whereby Courtesy Clerks may work aportion o f th e ir work period as Apprentice Clerks, as long as in so doing, suchCourtesy Clerks are paid as Apprentice Clerks fo r those hours in which they perform
Page 3work fa llin g in to that category, and as long as said Courtesy Clerks receive fu llcred it fo r such hours worked toward th eir proper c la s s ific a tio n .2. The number o f Courtesy Clerks employed in any one ( l ) day in th is manner shallnot exceed a ra tio o f one ( l ) Courtesy Clerk to every ten (1 0) Courtesy Clerks,or fraction thereof, according to the weekly p a y ro ll. The maximum number o f hoursin any one (1 ) week, in any one (1 ) store, that Courtesy Clerks may work asApprentices, is one-tenth (1 /1 0 ) o f the to ta l number o f hours o f Courtesy Clerkwork scheduled fo r that week. This clause shall in no way r e s t r ic t the number o fhours that may be worked by regular Apprentices.3. The names o f the Courtesy Clerks to be employed in th is capacity and th eirApprentice work schedules shall be posted alongside the s to r e 's work schedules.Any Courtesy Clerk assigned to C lerk's work, not in accordance with such plan,shall be paid the Journeyman rate o f pay fo r the entire day in which such changeo f c la s s ific a tio n or duty occurs. Any Courtesy Clerk scheduled fo r Apprentice work,who does not do any such work on a scheduled day, shall be paid at Courtesy Clerkrates.4. Courtesy Clerks shall not work as Clerks under this program on Sundays or h o l i days. I f a Courtesy Clerk performs such work on a Sunday or holiday, he shall bepaid fo r eight (8 ) hours at the Journeyman Food Clerk premium rate fo r such day.5. In selectin g additional Courtesy Clerks to pa rticip a te in the Courtesy ClerksApprenticeship Training Program, se n io rity shall be a primary fa ctor to be consid ered along with intention to seek a career in the food industry and q u a lific a tio nfo r the work. On any particu lar day when a Courtesy Clerk who is in the above setforth program is absent, the most senior Courtesy Clerk on duty may be assignedwork as an Apprentice Clerk in accordance with the terms o f th is Agreement.ARTICLE VIIIE) Change: Bakery-Deli ClerkBakery-Deli Clerk is an employee assigned to eith er the Bakery or Bakery-Deli Depart ment and is lim ited to performing work within that department or work in a lowerc la s s ific a tio n .F) Delete:entire sub-section regarding Snack Bar - Junior Waiters and Waitresses.G) Change: Any employee hired or scheduled le s s than fo r ty (4 0) hours per week shallbe considered as a part-time employee.J) Add: General Merchandise ClerkThe job o f a General Merchandise Clerk shall include the handling, p ricin g , displaying,s e llin g , stocking o f those items generally considered to be non-food, general merchan dise, or drug merchandise. The job may also include the operation o f a cash re g iste rto ring up sales o f processed film and make b o t t le refunds, but excludes the operationo f a check stand in the fron t end o f the store and excludes the handling, stocking,p ricin g o f food i t s e l f .X) Add:1. Sanitation and Maintenance Person: This i s an employee employed to perform a lltasks relatin g to general building maintenance including genera], repairs and storesanitation including the operation o f flo o r cleaning machinery. Employees in th isc la s s ific a tio n are not permitted to operate cash re g is te rs , unload merchandise fromtrucks, or handle merchandise fo r sale i f such handling i s d ir e c tly related to thestocking o f merchandise and the stocking o f merchandise fo r sale.2. Sanitation and Maintenance Lead Person: In any given store the Employer w illdesignate a Sanitation and Maintenance Lead Person who, in addition to the dutiessp ecified above, shall oversee the duties o f other Sanitation and Maintenance Person(s) employed by the Employer.Both Sanitation and Maintenance Persons and Lead Persons shall be paid in accordancewith th eir respective c la s s ific a tio n as defined in Appendix A - Wages.ARTICLE IXC) Delete:Delete:Normal Pregnancy (to be considered as illn e s s or in ju ry )third paragraph (reference to leaves o f absence fo r normal pregnancy)Add: to fourth paragraph 'Requests fo r d o c to r's c e r t ific a t e w ill not be a r b itr a r ilyimposed. '
Pagp A% *ARTICLE IXC) Change: seventh paragraph to read 'P rior to being scheduled fo r work upon thecompletion o f a leave o f absence, the employee's physician must give written c e r t i fic a tio n that the employee is fu lly released to perform a ll usual duties. When th isrequirement has been met, the employee w ill be scheduled fo r work, in the jobpreviously held, in the f i r s t f u ll work week fo r which the work schedule has notbeen posted as provided in th is Agreement follow ing the re ce ip t o f the p h ysician 'srelease by the Employer's Designated Representative.Change: ninth paragraph, f i r s t sentence to read 'During leaves o f absence, employeesshall retain and accumulate s e n io r it y .'\y/F) Delete: reference to white sh irts and dark trousers.,H) Add: B ulletin BoardThe Employer shall provide space fo r the posting o f o f f i c i a l Union n o tice s.ARTICLE XAdd:A) When an employee i s required to be in any court o r courthouse fo r ju ry 1service andsuch service deprives such employee o f pay that he otherwise would have earned, heshall be scheduled fo r a day s h ift on a Monday through Friday work week and shallreceive pay during such work week fo r each day on such jury service ht the rate o feight (8 ) hours times h is straight time hourly ra te ,,e x ce p t in the cfcse o f p a rttime employees the number o f hours regularly scheduled on the day in question, le s sany remuneration received by him fo r ju ry service.'B-) I f such employee in addition works fb r the Employer on Saturday, he s h a ll be paidat the rate o f straight time. I f he works fo r the Employer on Sunday, he shal;ibe paid at the Sunday rate o f pay.C) I f an employee i s excused, temporarily o r permanently from jury sdrvi-ce on anyscheduled day, i . e . , Monday through Friday, he shall immediately report fo r work tocomplete the remaining hours o f his scheduled work s h ift . Failure to- so reportshall d isq u a lify an employee from any pay fo r jury duty fo r the day in question aslong as the transportation time w ill permit him to return to work p rio r to one (1 )hour before the end o f his s h ift.D) The Employer may require proof o f attendance fo r jury se rv ice .a fa lse claim fo r ju ry duty pay shall be subject to discharge.E) This A rticle shall apply once during the l i f e o f th is Agreement.shall not be required fo r Grand Jury serv ice.An employee makingJury Duty payARTICLE XIA) Add: the word 'monthly'No deduction w ill be made on any employee u n til re ce ip t by the Employer o f a signedcopy o f a voluntary dues deduction authorization. The Union agrees to submit tothe Employer a l i s t o f employees' names and dues deduction amounts fo r the currentmonth no la te r than the f i r s t day o f each month.B) Add: The Union shall indemnify and hold harmless the Employer against any and a llclaims, damages or suits or other forms o f l i a b i l i t y which may a rise out o f or byreason o f any action taken by the Employer fo r the purpose o f complying with th isA rticle .ARTICLE XIXAdd: The Trustees are authorized and directed to explore the f e a s ib ilit y o festablishing a 'la g month' concept fo r administrative purposes in the payment o fclaims, provided that the establishment o f such concept w ill not resu lt in anyincrease in costs to the Trust or the contributing Employer.ARTICLE XXIIIChange: term o f Agreement to be August A, 1980 to and including July 31, 1983.
ECONOMIC CONTRACT PROPOSALSARTICLE VIA) Change: th ird paragraph to read 'E ffe ctiv e with employee's anniversary dates onor a fte r January 1, 1982, a ll fu ll-tim e employees shall be granted three (3 )weeks vacation a fte r fiv e (5 ) years o f continuous service with the Employer.'Add: E ffective with employee's anniversary dates on or a fte r January 1, 1982,a ll fu ll-tim e employees shall be granted fiv e (5 ) weeks vacation a fte r twenty(20) years o f continuous service with the Employer.'ARTICLE VIIB) Change: third, fourth and f i f t h paragraphs - increase maximum to twenty-fivecents (25( ) and dates to coincide with those on wage schedule.C) Change: E ffective September 1, 1980 a premium o f f i f t y cents (50 ) per hour shallapply to a ll work performed a fte r 10:00 P.M. or before 6:00 A.M. only.Delete:references to Junior Snack Bar and Junior Bakery employees.F) Change: A ll employees working an eight (8 ) hour s h ift shall receive an uninter rupted, unscheduled ten (1 0 ) minute break approximately near the middle o f thef i r s t half o f the work s h ift (p r io r to the meal p eriod ) and an uninterrupted,unscheduled ten (10) minute break approximately near the middle o f the second h a lfo f the work s h ift. An employee working a s h ift o f s ix (6 ) to eight ( 8 ) hours, shallreceive an uninterrupted, unscheduled fift e e n (1 5 ) minute break approximatelynear the middle o f the work s h ift . An employee working le s s than a s ix ( 6 ) hours h ift shall receive an uninterrupted, unscheduled ten (1 0) minute break approxi mately near the middle o f the work s h ift.ARTICLE IXE) Change: E ffective September 1, 1980 accumulated sick leave w ill be increased fromth irty (30) days to a maximum o f forty-tw o (4 2 ) days.Add: Notwithstanding anything in th is section to the contrary, i f an employee ishospitalized as a registered bed patient, on the f i r s t scheduled work day o f disa b i l i t y , there shall be no waiting period. Provide fo r integration with IndustrialCompensation and Weekly D isa b ility b e n e fits as per current intent and p ra ctice .ARTICLE XIXChange: E ffective fo r hours worked commencing 8-80, the contribution shall beincreased by seven d ollars ( 7 .0 0 ) per month.Change: E ffective fo r hours worked commencing 8-81, the contribution shall beincreased by twelve d ollars ( 12.00) per month.Change: E ffective fo r hours worked commencing 8-82, the contribution shall beincreased by twelve dollars ( 12.00) per month. ARTICLE XXChange: E ffective with hours worked in September, 1981, the hourly contributionshall be increased by fiv e cents (5 ) per hour to a to ta l o f fo r ty cents (40j ).Change: E ffective with hours worked in September, 1982, the hourly contributionshall be increased by fiv e cents (5 ) per hour to a to ta l o f fo r t y -fiv e cents (45jO.
4WA G EPROPOSALEFFECTIVE8-4-802-2-81(COLA)8-3-812-1-82(C