ARTICLES OF AGREEMENT
This Collective Bargaining Agreement is entered into this ___, day of _______, __03 between United Food and Commercial Workers Union Local 789 (�Union�) and Borders, Inc (�Company�).
ARTICLE 1
UNION SECURITY
Section 1.1:
The Company recognizes the Union as the exclusive Collective Bargaining Representative of all full-time and regular part-time employees, including sellers, hourly supervisors and special process team employees employed by the Employer at it�s Minneapolis, Minnesota location at 3001 Hennepin Avenue South; and excluding contingent employees, salaried supervisor and guards as defined in the Act.
Section 1.2:
A.It shall be a condition of employment that all employees of the Company covered by
the Agreement who are members of the Union in good standing on the effective date of this Agreement shall remain members in good standing and those who are not members on the effective date of this Agreement, become and remain members in good standing in the Union. It shall also be a condition of employment that all employees covered by this Agreement and hired on or after its effective date shall, on the thirty-first (31st) day following the beginning of such employment become and remain members in good standing in the Union.
Section 1.3:
A. The Employers agrees to deduct Union dues and initiation fees from the wages of employees in the bargaining unit who voluntarily provide the Employer with a written authorization which shall not be irrevocable for a period of more than one (1) year, or beyond the termination date of this Agreement, whichever occurs sooner. Such deduction will be made by the Employer from the wages of the employees during each week and will be transmitted to the Union. Together with the transmittal of deductions referred to above, the Employer shall furnish the Union with a list of the employees for who deductions were made.
The Union agrees to refund promptly any dues found to have been improperly deducted and transmitted to the Union and to furnish the employer with a record of such refund.
B. The Employer will collect and forward membership application forms for new hires on behalf of the Union.
ARTICLE 2
MANAGEMENT RIGHTS
Except as expressly limited by other provisions of this Agreement, all of the authority, rights and responsibilities possessed by the Company are retained by it, including, but not limited to, the examinations, selection, recruitment, hiring, appraisal, training, retention, promotion, assignment or transfer (within store) of employees; the discipline or discharge of employees in accordance with law and the provisions of this Agreement; and, in general, to promote efficiency and productivity in the operation of the store.
ARTICLE 3
WORKER�S RIGHTS
The Company, in an effort to promote a fulfilling working environment, agrees to promote the following conditions in the workplace:
A.) The right to a representative of the Union being in attendance at all disciplinary actions taken by the Employer, if requested by the member.
B). Create a workers committee to help develop in store ideas. This committee shall act as a conduit to build greater workers involvement for in store promotions, book placement, community relations and establishing attendance policies.
C). Provide a harmonious workplace free of harassment, abusive behavior and discrimination.
D). Develop a structure where workers have constant opportunities for promotion and advancement through continuing education.
E). Establish a joint venture with Borders/UFCW Local 789 where employees would be paid a day�s wage to work in the community. An employee would be eligible for two (2) community service days per year. They would wear an Article of clothing supplied by the Union that identified the worker as being from Borders/UFCW Local 789.
ARTICLE 4
WAGES, HOURS AND WORKING CONDITIONS
Section 4.1:
The minimum hourly rates of pay for the classifications covered by this Agreement are contained in Appendix A.
Section 4.2:
Employees who had worked for Borders in the past, and are rehired, will receive credit for all hours worked for purposes of hourly progressions. Employees who are hired at rates of pay higher than the starting rate shall be credited with the corresponding service for purposes of wage increases.
Section 4.3:
Thirty-five (35) hours worked in five (5) consecutive days, shall constitute a normal weeks work for regular full-time employees. A full-time schedule, other than the normal thirty-five (35) hour weekly schedule may be arranged by mutual agreement. Regular full-time employees may request a schedule of up to forty (40) hours per week which shall not unreasonably be denied. Employees may not work in excess of forty (40) hours per week without the express permission of a manager.
Section 4.4:
A. Work performed by an employee in excess of forty (40) hours per week and or eight (8) hours per day shall be paid at the rate of one and one-half (1 �) times the employee�s rate of pay.
B. Scheduled overtime worksheets shall be posted in the store on an as needed basis, and employees desiring to work overtime shall sign the worksheet. Seniority shall prevail in the assignment of overtime hours for employees.
C. The Employer shall continue to assign daily overtime on a voluntary basis. However, employees may be expected to perform any reasonable amount of overtime work assigned to them. In such case, the Employer will attempt to assign overtime work to the employees who are immediately available when the need for overtime occurs, and who normally and customarily perform the work involved except in cases of emergency the Employer may assign the overtime to any employee capable of performing the work.
Section 4.5:
Work schedules will be posted at least one (1) week prior to the start of a work week. Schedules shall provide employees with ten (10) hours between shifts, unless the employee waives that right. No employee shall be required to work a split shift unless it is mutually agreed.
Full-time employees are entitled to two (2) consecutive days off per week. Non-consecutive days off may be arranged by mutual consent.
No full-time employee shall normally be required to work more than two (2) night shifts that end after 9:00 PM per week.
Employees shall be permitted to trade shifts with other employees provided the shift traded does not create an overtime situation and the other employee is fully qualified to perform the job.
Full-time or regular part-time employees with two (2) or more years seniority will indicate their continued preference for day shift or night shift within job classifications. Day shift is any shift that is scheduled to start after 7:00 AM and scheduled to end before 6:00 PM or earlier. Night shift is shift schedule to end after 6:00 PM.
Section 4.6:
All employees may elect to receive a thirty (30) minute paid lunch period if they work five (5) hours or more in a day. By mutual consent, Employer and employee may extend the lunch period of an additional thirty (30) unpaid minutes.
All employees working three (3) continuous hours or more per day are entitled to a fifteen (15) minute break. All employees working six (6) continuous hours or more per day are entitle to two fifteen (15) minute breaks.
Section 4.7
A. A part-time employee shall be guaranteed no less than four (4) hours of work each time he/she is scheduled to work or receive pay in lieu thereof except in cases where the employee requests fewer hours and the Employer agrees.
B. No part-time employee shall be scheduled for less than fifteen (15) hours per week except in cases where the employee requests fewer hours and the Employer agrees.
C. Part-time employees, in accordance with their seniority, shall have the right to more hours than junior part-time employees.
ARTICLE 5
DEFINITIONS: FULL-TIME, PART-TIME
Section 5.1:
A regular full-time employee is an employee who normally works thirty-five (35) hours or more per work week.
Section 5.2:
A regular part-time employee is an employee who normally works less than thirty -five (35) hours per work week.
Section 5.3:
Contingent employees may be used as needed by the Employer. They should only have hours after regular full-time and regular part-time employees have all the straight time hours they request. There may not be more than five percent (5%) contingent employees.
Section 5.4:
The Union is interested in developing a guarantee for the number of full-time positions. We recommend seventy-five percent (75%) of all hours be full-time; but are willing to listen to other suggestions.
ARTICLE 6
SENIORITY, LAYOFFS/RECALL/JOB BIDDING
Section 6.1:
Seniority shall be based upon continuous service from the last employment date with the Employer. All new employees shall be on a probation for a trial period of thirty (30) days after which they will be placed on the seniority roster and their seniority shall date from the date of hire.
Section 6.2:
All open positions or new positions shall be posted for one (1) week. Existing employees by seniority shall be able to bid and be awarded those positions ahead of employees from outside of the store. Employees interested in transferring to another store shall not be discriminated against because of their Union affiliation.
Section 6.3:
Layoff�s shall occur in the following order:
1.Contingent Employees
2.Probationary employees
3.Part-time employees
4.Non-probationary full-time employees by seniority, starting with the least senior.
Section 6.4:
Employees will receive a thirty (30) calendar days� notice prior to being placed on lay-off.
When a reduction in force causes openings in current positions, the filling of these positions will take place as follows:
1. All vacant position(s) will be visibly posted for ten (10) working days to all remaining employees.
2. Within those ten (10) days employees must apply in writing for these openings.
3. Positions will be filled by an interview process by the Company.
Section 6.5:
Employees will retain recall rights for a twelve (12) month period. Employees who are laid off and subsequently recalled to work within one (1) year shall retain their seniority.
Employees shall be recalled in the reverse order of the layoff.
An employee�s seniority shall be broken only by:
voluntary quit;
justifiable discharge;
layoff in excess of one (1) year;
absence caused by illness or non-occupational accident of more than two (2) years:
failure to return from layoff after being properly notified to do so.
ARTICLE 7
HOLIDAYS
Section 7.1:
Employees will be paid for ten (10) holidays, including: Columbus Day, May Day, Thanksgiving, Christmas, New Year�s Day, Independence Day, Memorial Day, Martin Luther King Day, President�s Day and Labor Day.
No employee shall be required to work on Thanksgiving or Christmas Day.
Section 7.2:
For employees who don�t work on the holiday, they shall receive:
Full-time eight (8) hours regular pay.
Part-time four (4) hours regular pay.
Section 7.3:
Employees who work on holidays specified above shall receive straight time for all hours worked on the holiday in addition to their holiday pay. If an employee works on more than four (4) of the holidays listed in Section 7.1, they shall receive time and one-half (1 �) for all hours worked plus holiday pay.
Section 7.4:
Employees who work on any of the above holidays, may bank their holiday pay by requesting it be added to their P.T.O.
ARTICLE 8
PAID TIME OFF (PTO)
Section 8.1:
PTO is designed to provide compensation at any employee�s regular rate of pay for days away from the job for reasons of vacation, sick leave, personal illness or family illness.
Section 8.2:
PTO will be earned at the rate below, based on the length of service with the Employer. Calculations will be computed based on all hours paid to the employee. PTO will be calculated from the date of hire, but not collectable until after the employee�s probationary period.
Years of Service Hours Paid To Earn One (1) Hour PTO
Date of hire 12 Hours
After three (3) complete years 10 Hours
After eight (8) complete years 8 Hours
Section 8.3:
PTO will be paid out in hours increments equivalent to the number of hours scheduled for the shift missed or for the average hours worked for vacation pay in a week.
Section 8.4:
An employee may carry over PTO at the completion of the first year of service. However, all PTO earned in an anniversary year must be used before a subsequent anniversary year is completed, or the employee will be paid out all remaining hours.
Section 8.5:
Employees may request (schedule) PTO in January of each year and will be awarded by February 15. Seniority will be used in awarding Paid Time Off. After February 15, selection shall be first come first served. There shall be no total blackout dates, the Employer will work with a committee to determine reasonable staffing levels during peak sales times.
ARTICLE 9
LEAVES OF ABSENCE
Section 9.1:
Applications for personal leaves of absence shall be in writing and directed to the attention of the store manager. A leave of absence for a period of up to ninety (90) days shall be granted by the Employer for employees with one (1) or more years of continuous service (employees working less than twenty (20) hours after two (2) years of service), providing such leave is for a reasonable purpose and shall not substantially interfere with the operation of the business.
Section 9.2:
The Employer agrees to grant time off without pay and without discrimination to any employee designated by the Union to attend a labor convention or serve in any capacity or other Union business which necessitates such employee being away from work for the predetermined length of time.
Section 9.3:
Any employee who has completed his/her probationary period will be paid for the actual time lost in accordance with his/her working schedule over a five (5) day leave period in the event of the death of a brother, sister, father, mother, father-in-law, mother-in-law, grandparents and grandchildren; one (1) day leave for brother-in-law and sister-in-law; a ten (10) day leave for the death of a spouse, significant other, child, or stepchild regardless of the adoptive relationship.
Section 9.4:
Any employee who has completed his/her probationary period who is subpoenaed petit jury duty service shall receive the difference in pay for time lost and the amount received as jury pay, but in no case shall the total pay exceed forty (40) hours' pay at the employee's regular straight-time hourly rate. When an employee is released for a day or part of a day, he/she shall report to his or her store for work. Hours spent on jury duty shall be considered as time worked for the purposes of this Agreement.
Section 9.5:
The Employer shall grant to employees who are inducted into the military service a leave of absence. Any employee who is required to take time from work for training or encampment in any recognized military unit shall be granted a leave for such period of time without pay and with loss of seniority. Such employees will not be required to use their vacation time for such purposes.
Section 9.6:
In the event of illness, injury, or pregnancy which requires a prolonged leave of absence, any employee shall be granted a leave of absence for illness or injury for a period not to exceed six (6) months. Extensions of ninety (90) days at a time, up to a total of one (1) calendar year, shall be granted upon written request, supported by a written medical statement from the attending physician (or chiropractor), setting forth the expected duration of the medical leave.
Upon notice to the Employer of availability for work and if requested by the Employer, the attending physician's release to return to work following absence because of a bona fide sickness or accident, the employee shall be restored to his/her previous job held and shall begin work no later than the next posted work schedule, provided the employee returning from a leave of absence for illness or injury notifies the Employer by 12:00 noon on Thursday of his/her availability to return to work the following week.
ARTICLE 10
GRIEVANCE AND ARBITRATION
Section 10.1:
A.All matters related to discipline or discharge must follow the principles of just cause.
B. When a grievance arises in a store, the employee (with or without the Union representative) may attempt first to settle the matter with his/her immediate supervisor. In the event that this is unsuccessful, the representative of the Union shall be called so that the matter may be settled without loss of time to either party.
C. If the grievance cannot be resolved on a local level, a representative of the Employer and a representative of the Union shall, within seven (7) calendar days, attempt to reach a settlement of the controversy, dispute or disagreement.
D. In the case of wage discrepancies, the Employer agrees to submit to the Union upon request from the Union any and all wage data concerning same.
E. Any claimed grievance of any kind to be acted upon or accepted as valid for any reason, must be filed in writing with the Employer and the Union within thirty (30) calendar days of each alleged act of violation, except that back pay on grievances involving the failure of the Employer to grant wage increases in accordance with the Agreement, shall be collectable over a period of time covering two (2) years or back to the effective date of the Agreement, whichever is more.
F. Any controversy over the interpretation of or the adherence to the terms and provisions of this agreement , including all claims for wages which cannot be settled by negotiations, shall be submitted to arbitration by either party notifying the other involved in writing of its desire to do so.
Notification of desire to submit the grievance to arbitration must be made within thirty (30) calendar days following exhaustion of B, C, D and E above.
Section 10.2:
Any discharge or dispute that cannot be resolved under the provisions of SECTION 10.1 may be referred by mutual agreement to the Bureau of Mediation Services of Minnesota in an attempt to reach an agreement on a resolution. The party wishing to submit the dispute or discharge to nonbinding mediation shall do so in writing within fifteen (15) calendar days following the exhaustion of the remedies in SECTION 10. 1. The parties, by mutual agreement, may elect to bypass Mediation and refer the matter directly to Arbitration.
Section 10.3:
If the grievance is not resolved, either party may refer the matter to arbitration. Any demand for arbitration shall be in writing and must be received by the other party within thirty (30) calendar days of the party�s final meeting. The Employer and the Union shall attempt to agree on a neutral arbitrator who shall hear and determine the dispute. If no agreement is reached, the arbitrator shall be selected from a list of seven (7) neutral arbitrators to be submitted to the parties by the Director of The Federal Bureau of Mediation Services.
Section 10.4:
The authority of the arbitrator shall be limited to making an award relating to the interpretation of or adherence to the written provisions of this Agreement, and the arbitrator shall have no authority to add to, subtract from or modify in any manner the terms and provisions of this Agreement. The award of the arbitrator shall be confined to the issues raised in the written grievance and the arbitrator shall have no power to decide any other issues. The award of the arbitrator shall be final and binding on the parties.
Section 10.5:
The award of the arbitrator shall be made within thirty (30) calendar days following the close of the hearing. The fees and expenses of the neutral arbitrator shall be divided equally between the Employer and the Union.
Section 10.6:
The time limitations set forth herein relating to the time for filing a grievance and the demand for arbitration shall be mandatory. Failure to follow said time limitations shall result in the grievance being permanently barred, waived and forfeited, and shall not be submitted to arbitration. The time limitations provided herein may be extended by mutual agreement of the parties.
ARTICLE 11
HEALTH CARE PLAN
Section 11.1:
A. The Employer agrees to make contributions into the United Food and Commercial Workers Union Local 789 and St. Paul Food Employers Health Care Plan on behalf of any regularly classified full-time employee who has worked thirty-five (35) or more hours per week or averaged thirty-five (35) or more hours per week for the reporting period (�Full-time Contributions�).
B. The Employer further agrees to make contributions into the Plan on behalf of any regular part-time employee (excluding seasonal and contingent) working less than thirty-five (35) hours per week (�Part-time Contributions�). It is further agreed that if the aforementioned part-time employee works thirty-five (35) or more hours in any one week and averages thirty-five (35) hours or more per week for the reporting period he/she will have a full-time contribution made for any week he/she worked thirty-five (35) hours or more during that reporting period.
Section 11.2:
A. The schedule of contributions are as follows:
Effective September 1, 2002:
Full-time Contributions: $70.88 per week.
Part-time Contributions: $25.73 per week.
Effective September 7, 2003:
Full-time Contributions: $74.88 per week.
Part-time Contributions: $27.73 per week.
Further, effective March 3, 2002, in the event the Trust Fund�s net reserves reach the level of seven (7) months, the Employer shall be obliged to make additional contributions to the Fund, as determined by the Fund Trustees, up to a maximum of $5.00 per week for Full-time Contributions and a maximum of $2.50 per week for Part-time Contributions. Any additional contributions which may be determined by the Fund Trustees to be required by this section shall be paid on the same basis as set forth in SECTION 11.1.
B. In addition to the contributions provided for in Section 11.2 A., the Employer shall, effective March 7, 2004, make "Benefit Fund" contributions as follows:
Full-time Contributions: $8.00 per week.
Part-time Contributions: $3.00 per week.
Notwithstanding the foregoing, it is agreed that, in the event that an actuarial analysis of the Health and Welfare Fund to be completed prior to the third year of the contract term (i.e., prior to March 7, 2004) should project that Health and Welfare Fund reserves will fall below the seven (7) month level at any time during the remainder of the contract term, then the amounts specified above as "Benefit Fund" contributions during the third year shall be designated for contribution exclusively to the Health and Welfare Fund to the full extent required to attempt to maintain a seven (7) month level of reserves in that Fund.
Section 11.3:
The program of benefits of this full-time plan and of this part-time plan are as agreed to between the Employer and the Union Trustees and will be maintained for the life of this labor agreement at no contribution cost to employees. Benefits may be modified by mutual agreement of the Board of Trustees.
Section 11.4:
The Employer is bound by the existing Trust Agreement covering the aforesaid Trust Fund and any amendments thereto. It is agreed that the Trust Agreement shall be amended to provide: (1) subsidized retiree health insurance benefits consistent with the terms of the Letter of Understanding Regarding Retiree Health Insurance dated March 17, 2002; (2) that part-time employees hired on or after March 18, 2002 shall become eligible for coverage only as of a date 180 days following the date of hire; (3) electronic transmission of Employer Contribution payments; and (4) a "best efforts" attempt by the Trustees to develop a mechanism for participating employees to self-fund accounts to be used for paying the costs of retiree coverage.
ARTICLE 12
BENEFIT PROTECTION
Borders will maintain current policies with regard to book credit, dress code, House Accounts, Employee Stock Purchase Plan, Employee Stock Option Plan, 401K Plan, and all other benefit plans currently in effect that are not addressed above or in the areas of this Contract. Any material improvement in these benefits offered to employees not under Contract shall also be extended to employees currently under Contract. In addition, Borders will participate in a Bus Pass Purchase Program. Employees who take the bus, will submit a receipt of their monthly pass and Borders will reimburse fifty percent (50%) of that cost.
ARTICLE 13
LEGAL ISSUES
Section 131:
No employee shall be discriminated against because of race, creed, sex, age, color, national origin, disability, political ideology, religion, marital status, status with regard to public assistance or affectional preference.
Section 13.2:
No employee shall be asked or permitted to make any written or verbal agreement that will conflict with this Agreement. No employee shall have his/her wage reduced who may be paid over the minimum wage called for in this agreement, nor shall any employee be reclassified to defeat the purpose of this Agreement.
Section 13.3:
1) Nothing contained in this agreement is intended to violate any Federal law, rule or regulations made pursuant thereto. If any part of this agreement is construed to be in such violation, then that part shall be made null and void and the parties agree that they will within thirty (30) days begin negotiations to replace said void part with a valid provision. It is agreed however, that either party to this agreement shall have the right to appeal any decision that a provision of this contract violates a Federal law, rule or regulation.
2) It is also understood that if a provision is deemed in violation by the final appellate court, the parties will negotiate with the intention of replacing the void part with a valid provision, but, however, should negotiations fail, the matter will be subject to arbitration according to SECTION 10.3 of this Contract.
ARTICLE 14
TERM OF AGREEMENT
Section 14.1:
The parties agree that this Contract may be amended by mutual agreement of both parties, and if amended, the amendment shall be attached to the Contract by addendum and signed by both parties.
Section 14.2:
This Agreement shall be effective from the date hereof, except as otherwise specifically provided and shall continue in full force and effect through June 1, 2005 and shall continue from year to year thereafter unless either party serves notice in writing upon the other party ninety (90) days prior to the expiration date of its desire to terminate, modify or amend the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written.
By________________________________ By_________________________________
Title_______________________________ Title________________________________
In an effort to be reasonable in our wage proposal, UFCW Local 789 has used information from the Minneapolis Community Development Agency. We have taken their base rate for 2001 and adopted it as our starting rate.
Minneapolis City Council Member and Chairperson for MCDA said: �We consider the city�s living wage policy crucial in helping our residents afford housing and other basic necessities of life.� We agree, and while this proposal is lower than we think it should be, it is a beginning point.
We think APPENDIX A should look like this:
APPENDIX �A�
WAGE RATES
Current 2003 2004
Hire $ 9.33
6 Months
12 Months
18 Months
24 Months
30 Months
36 Months
Over scale
We have left all of the columns empty until we see the current wage rates. We believe that wage adjustments for months of service increments should be consistent ( i.e.: every six (6) months should have a value, somewhere in the neighborhood of twenty-five cents ($.25) per hour.) We also will bring increases for each of the next two (2)years.
In addition we want to talk about:
*Sunday premium pay
*Additional responsibility pay including Special Processing Team and Supervisors. We also would like to see job descriptions of the various jobs in the store.