Agricultural Production Workers Sub-Agreement between Bud Antle, Inc., and the General Teamsters, Warehousemen and Helpers Union, Local 890, July 16, 1976 to July 15 1979. : electronic version.

SECTION 1 - RECOGNITION:

The Company agrees to recognize the Union as the sole and exclusive bargaining agent for all persons employed in all areas of the Company's operations in the growing, packing and harvesting of agricultural commodities. No superintendent, assistant superintendent or foreman having authority from the Employer to hire, fire, or direct the work force shall be a member of the Union. The provisions of this paragraph and this whole agreement are subject to the limitations of any applicable local, state or federal law, and in the event any portion of this agreement so affected shall be ineffective; in no event shall the fact that a portion of this agreement be not applicable or legal in accordance with such laws make the remainder of the agreement terminate or to be invalid.

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SECTION II - UNION SECURITY:

1. If any person who is not a member of the Union be employed, such person, on the day commencing work for the Company, make application to become a member of the Union, and the Union agrees that it will not discriminate against such applicant; any employee to whom membership is made available on the same terms and conditions generally applicable to other Union members and who fails to become a member of the Union, or whose membership in the Union is terminated because of failure to tender the periodic dues and initiation fees uniformly required by Union, shall, upon written request by the Union to the Company, be discharged and shall not be reemployed until the Union indicates in writing that he has paid such dues and initiation fee.
2. Within five (5) days after employment the Company shall notify the Union, by telephone or on cards furnished by the Union, of the name, address, social security number, date employed, and job classification of any employee covered under the terms of this agreement.
3. The provisions of Section II, (a) and (b) of this agreement shall have no application to the operations of the Company, if any, in the State of Arizona and the whole of said section if hereby deleted for the operations in the State of Arizona. The Union assets that the amendment to the Constitution of the State of Arizona, commonly referred to as "The Right to Work Bill", is unconstitutional and invalid and specifically

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   reserves the right to secure a judicial determination thereof. Should the said constitutional amendment be repealed or held invalid by the court as last resort, the provisions of this part (c) of Section II of the agreement shall be eliminated and the provisions of (a) and (b) of Section II of this agreement shall thereupon become effective as to operations in Arizona, except as same may be modified or superseded by any act of Congress.
4. Upon written authorization by the employee, the employer shall deduct all initiation fees and dues from the check of the employee and forward same to the office of the Local Union by the 10th day of each month.
5. There shall be no discrimination in hiring or in conditions of employment based upon race, religion, color, age, creed, sex or natural origin. Bud Antle, Inc. being an Equal Employment Opportunity Employer, agrees that this obligation includes, but is not limited to the following: hiring, placement, upgrading, transfer, or demotion, recruitment, advertising, or solicitation for employment, treatment during employment, rates of pay or other forms of compensation, layoff or termination.
6. Authorized agents of the Union shall have access of the Employer's establishment during working hours for the purpose of adjusting disputes, investigating working conditions, collection of dues, and ascertaining that the Agreement is being adhered to, provided, however; that there is no interruption of the firm's working schedule.

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7. Should the provisions contained in (a) or (b) above, of this Section II, become unlawful, then the parties agree to modify said provisions so as to provide the maximum union security and check-off allowed by law.

SECTION III - MANAGEMENT RIGHTS:

Bud Antle, Inc. shall have the exclusive right to direct the work force, to direct the means and accomplishments of any work, to determine the number of workers required for any job including the number to be employed at any particular piece rates of pay as may be provided hereinafter, subject to Section IX (c) below, and Bud Antle, Inc. shall have the right to hire and fire workers subject to the provisions of this contract.

SECTION IV - HOURS AND OVERTIME

Time worked on Sunday and on holidays as hereinafter provided shall be at one and one-half (1½) times the regular rate of pay for the work performed unless otherwise provided in the schedules attached hereto. All time work in excess of eight (8) hours in any one (1) day shall be paid at one and one-fourth (1¼) times the regular hourly rate of pay unless otherwise provided in the schedules attached hereto. Overtime does not apply to piece rates except on Sundays and Holidays.

A daily travel allowance of three (3) hours' pay shall be paid to workers who commute daily on Company buses from Calexico to Blythe. Similarly, two (2) hours shall be paid from San Luis to Imperial Valley, and three (3) hours from San Luis to Blythe.

All employees shall be given one-half (½) hour in which to

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SECTION V - HOLIDAYS:

The following days shall be observed as holidays, and all work performed upon said days shall be paid at the overtime rate: Sunday, Christmas, New Year's Day, Washington's Birthday, Fourth of July, Memorial Day, Labor Day, Veterans Day, and Thanksgiving. When a holiday falls on Sunday, the day designated by Federal proclamation shall be observed as the holiday.

SECTION VI - CALL TIME:

All workers shall report to the place called for work at the time called and they shall be paid from the time called until released, and shall be paid a minimum of four (4) hours for each call whether or not work is provided at the hourly guaranteed rate or their piece rate earnings whichever is higher. The call provision shall not apply where work covered by this Agreement is delayed or cannot be carried out because of rain, frost, government condemnation of crop or other causes beyond the control of Bud Antle, Inc. Any call may be rescinded by notification to employees before reporting for work.

SECTION VII - NO STRIKE - NO LOCKOUT

1. The Union and Company agree that there shall be no lockouts, strikes, slow downs or economic action or any other interruption of work during the life of this Agreement. The

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   foregoing sentence shall not apply to any action with respect to a dispute which the Union has with the Company regarding employees of the Company not covered by this agreement.
2. It shall not be a violation of this Agreement or cause for discharge where any employee refuses to cross a picket line in the performance of his duties when such picket line is sanctioned by Local 890, and the Joint Council of Teamsters and Western Conference of Teamsters and the International Teamsters Union.

SECTION VIII - DISPUTES AND GRIEVANCE:

Should any dispute or grievance arise as to the terms or interpretation or any provisions of this agreement that cannot be settled amicably between the Business Agent of the Union and Representative of the Company, such disputes shall be referred to an arbitration committee, consisting of one representative from the Company, one representative from the Union, and one third disinterested party selected by the Company and the Union. In the event the representative of the Company and the Union cannot agree upon who the third disinterested party shall be within ten (10) days, they shall call upon the Federal Mediation and Conciliation Service or State of California Mediation and Conciliation Service to appoint such third disinterested party. Decision of a majority of the arbitration committee of the three members shall be final and binding upon the parties of this agreement. Any expense incurred covering the disinterested third party shall be borne equally by the Company and the Union.

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SECTION IX - WAGES, JOB CLASSIFICATION AND JOBS COVERED:

1. Rates of pay, jobs covered, job definitions and descriptions are attached hereto as appendixes, such appendix or appendixes shall be acknowledged by the signature of a representative of the Union.
2. There shall be no reduction in present rates of pay or conditions which are in excess of those established under the terms of this agreement.
3. In the event any new operation or classification shall be commenced by the Company in any of its operations, whether in field or packing shed, the Company shall notify the Union to negotiate the wage scale and working conditions for new operations, such additional agreements, supplements and exhibits shall be made a part of here of and subject to all the same terms and conditions as are provided by the general provisions of this agreement. By the provisions of this paragraph, the Company does not relinquish any of its rights established by Section III above.

SECTION X - UNEMPLOYMENT INSURANCE AND WORKMEN'S COMPENSATION

The Company agrees at its expense to provide unemployment insurance to all workers covered by this Agreement under applicable State Acts, where available, or under Federal Legislation to the extent State Insurance programs are not available. The Company further agrees to provide at its expense Workman's Compensation Insurance whether or not required by law.

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SECTION XI - HEALTH AND WELFARE:

All employees under this agreement shall be provided coverage with Bud Antle, Inc. Agriculture Health and Welfare plan. The cost of such plan is to be paid by the Company. The employee shall qualify for benefits after one (1) month of employment and in which at least eighty (80) hours during each succeeding month. The benefits provided by such plan shall be as set forth in Appendix E attached hereto.

SECTION XII - COLLECTIVE BARGAINING:

The Union agrees with the Company that insofar as any matters pertaining to this agreement which shall be submitted to the membership of the Union that only those workers employed by the Company and covered by this agreement shall have the right to determine whether or not to accept or reject modifications, extensions or consider other matters relating to this agreement. In other words, the Company shall deal solely with its own employees through the Union representative as provided by this agreement.

SECTION XIII - FUNERAL AND JURY LEAVE:

In the event of a death in the family (father, mother, wife, husband, brother, sister, son or daughter without exception), a regular employee shall be entitled to a maximum of 3 days off with pay at his or her regular hourly rate of pay to attend the funeral provided the attendance days fall within the regular scheduled work week. Employees shall be paid not more than eight (8) hours per day at their regular hourly rate of pay when on jury duty.

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SECTION XIV - SENIORITY:

New employees shall work under the provisions of this Agreement as a probationary employee and shall be employed on a thirty (30) working day trial basis within a consecutive ninety (90) calendar day period with the Company, during which period he may be discharged without further recourse. After the thirty (30) day period, the employee shall be placed on the applicable seniority list of the Supplemental Agreement under which he is working. The Company shall maintain a separate seniority list for each Supplemental Agreement, and shall also maintain a Master Company Seniority List.

Seniority shall commence with the date of hire or commencement of the first date of employment within the ninety (90) calendar day period herein referred to. Upon attainment [...]seniority, an employee shall be considered a regular employee. There shall be no responsibility for rehiring temporary employee. There shall be no responsibility for rehiring temporary employees if they are laid off prior to attaining seniority.

No employee may be allowed to maintain seniority on more than one seniority list. Should an employee bid a vacancy under a different Supplemental Agreement than he is working under, he shall have a sixty (60) day trial period. At the end of such sixty (60) day period, he shall be removed from the old Supplemental Seniority List and placed on the bottom of the seniority list of the Supplemental Agreement under which he bid the new job.

For purpose of fringe benefits, he will remain on the Company seniority list from the original date of hire and be paid

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The Company shall post a current seniority list every three (3) months for each Supplemental Agreement and shall mail a copy of such lists to the Local Union. As to employees having seniority, those hired first shall be laid off last, due consideration being given to the ability of the employee being laid off and the remaining employees to perform the work available in a manner satisfactory to the Company. Any worker who travels with the Company from one area at the end of a season, to the area to start that season, will be assured to go to work first. Any questions regarding transportation or application of this Section of the Agreement shall be subject to the Grievance Provision Section 9 of the Master Agreement.

Seniority shall be broken for the following reasons:

1. Voluntary quitting.
2. Discharge for cause.
3. Failure to report for work under the terms of the seniority provisions.

All grievances relating to seniority shall be made in writing to the Company within ten (10) days, excluding Saturdays, Sundays, and Holidays. Failure to file a grievance in writing within the ten (10) day period shall waive the employee's rights to such grievance.

SECTION XV - LEAVES OF ABSENCE:

Leaves of absence may be granted by applying to and receiving approval from the Company. All written leaves of absence shall

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• 1 to 3 days - Need not be in writing.
• 4 to 30 days - Must be in writing.
• 30 to 180 days - Must be in writing and a copy to the Union. Union will have 10 days to object.

SECTION XVI - VACATIONS

An employee shall receive vacation pay by qualifying under either Plan A or Plan B, whichever provides the employee the higher vacation benefits;

SECTION XVII - HEALTH AND SAFETY:

All applicable federal and state laws, rules and regulations concerning the health and safety of employees are herein incorporated.

SECTION XVIII - PENSION

Company shall contribute to the Western Conference of Teamsters Negotiated Pension Trust Fund fifteen cents (15¢) per hour each and every hour worked or paid for each employee covered by this agreement commencing July 16, 1976 to July 15, 1979.

The Company agrees to pay any increases in the hourly contribution rate to maintain the present level of benefits provided by the Fund for the hourly rate described herein, as may be required by the Pension Reform Act of 1974.

SECTION XIX - REST PERIODS:

Rest periods shall be taken insofar as practical in the middle of each work period. Rest periods shall be provided at the rate of 15 minutes per four (4) hours work. A rest period shall be required for work shifts less than 3½ hours. Rest period time shall be counted as hours worked. Past rest period practices on

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SECTION XX - TRAVEL TIME:

Employees who work on harvest crews shall receive a travel allowance between areas per schedule below. Employees must be at work the first day that their crew starts in the new area (not necessarily with the same crew) or at the expiration of the travel time to qualify for the travel allowance below.

SECTION XXI - COST OF LIVING:

All employees covered by this Agreement shall be covered by the provisions for a cost-of-living allowance, as set forth in this section.

The amount of the cost-of-living allowance shall be determined and redetermined as provided below on the basis of the "Consumer Price Index for Urban Wage Earners and Clerical Workers Labor Statistics, U.S. Department of Labor (1967 = 100)" and referred to herein as the "Index".

The first cost-of-living allowance shall be effective the first pay period beginning on or after July 15, 1977, based on the difference between the Index figure of April 1, 1976 and the Index figure for March 31, 1977. The second cost-of-living allowance

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Adjustments in the cost-of-living allowance shall be made on the basis of changes in the Index as follows:

• For increases in the CPI of more than 5% per year, wage rates will be increased by the following formula:
  • .3 point = $.01
• There will be a maximum of 10¢ added to wage rates per this formula.

SECTION XXII - DURATION OF AGREEMENT:

This Agreement shall be in full force and effect from July 16, 1976 and shall continue in full force and effect and shall be binding on the parties hereto through July 15, 1979. This Agreement shall automatically renew itself for a period of one (1) year from the expiration date hereof unless either of the parties shall give notice in writing to the other party sixty (60) days prior to the expiration, requesting negotiations for a new agreement or modification hereof.

WITNESSETH:

1. The parties hereto have entered into a collective bargaining agreement (the "Labor Agreement") effective as of July 16, 1976, and ending on July 15 , 1979, which provides that the Employer shall make pension contributions to the Western Conference of Teamsters Pension Trust Fund (the "Fund") on behalf of employees covered by the labor Agreement.
2. Because of the Employee Retirement Income Security Act of 1974 ("ERISA"), the parties understand that the Trustees of the Fund will amend the Western Conference of Teamsters Pension Plan (the "Plan") effective January 1, 1976, to provide, among other things, for a reduction in benefits for employees who retire under the Plan after December 31, 1975 ("Retiring Employees"): and to provide that if the parties to a collective bargaining agreement in effect on January, 1, 1976, furnish written evidence to the Trustees of a binding and irrevocable agreement substantially in the form of this Agreement. Plan benefits of employees covered under the labor Agreement who retire (other than for disability) after December 31, 1975, will be restored, as of the effective date of their retirement, to (or if such written evidence is received by the Trust prior to January 1, 1976, such Plan benefits will not be reduced from) the level of benefits provided under the Plan in effect as of December 31, 1975.
3. The parties hereby agree that if they enter into a renewal, extension, modification or replacement of the Labor Agreement for a period which includes or follows January 1, 1979, they shall include a provision which requires the Employer to make contributions to the Fund after December 31, 1978, at a rate which is at least one hundred forty per cent (140%) of the highest pension contribution rate in effect: under the Labor Agreement prior to January 1, 1979.
4. The parties agree that because the Trustees of the Fund will rely on the execution of this Agreement; to restore or not to reduce benefits to Retiring Employees as indicated above, this Agreement may not be modified, terminated or rescinded by the parties, directly or indirectly, without the express written consent of the Trustees.

FOR THE EMPLOYER
Bud Antle Inc.

By______________________

FOR THE UNION
General Teamster's Union Local 890

1. MACHINE HARVEST - HAND WRAP OPERATIONS:

1. LETTUCE HARVEST - GROUND PACK OPERATIONS:

1. CELERY FIELD HARVEST - GROUND PACK OPERATIONS:

ALL AREAS

ALL AREAS:

Job Classification

Job Classification

SHOP

This supplemental agreement covers all persons performing work falling within the classifications hereinafter set forth.

PROPOSED SHOP WAGE RATES

TRUCK DRIVERS

1. The term "truck driver" shall include only those employees who engaged in driving equipment hauling produce between the fields and packinghouse, between the fields and vacuum cooler, and between the fields and railroad cars, including stitcher and gluer operators on trucks or trailers, drivers of all types of mechanical harvesting operations, and water wagons regularly used to supply water for vegetable packing machines.
2. All drivers of other types of farm or harvesting equipment and trucks hauling between fields are specifically excluded.
3. Where the Company hauls garlic or onions using the equipment and the drivers that are used for harvesting lettuce and celery, the rates provided in this contract shall be paid. All time worked in excess of eight (8) hours per day shall be paid for at the overtime rate.
4. If the Company has work covered by this Agreement done by an independent contractor, it is the responsibility of the Company to see that such contractors conform with this Agreement. However, the Company shall not enlist the services of an independent contractor to perform bargaining unit work unless and until all regular employees and equipment are in the area where the work is available.
5. All time worked in excess of eight (8) hours per day shall be paid for at the overtime rate.

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6. Wage Rates (attached)

   Lettuce piece rates per carton hauled from the field to the cooling plant for processing. Mileage to be figured one way to ascertain earnings. Earnings shall be computed on a daily basis.

   The drivers shall be guaranteed not less than the straight and overtime rates of pay for each days work.

   Celery piece rates per all containers regardless of size presently in use hauled from the field to the delivery point and packed celery hearts picked up at the packing shed and transferred to destination are included excepting any hauled by a "shuttle driver".

   Celery hearts packed in the shed and "shuttled" from the shed to delivery point are not included in the piece rate if hauled as a "shuttle" operation. However, this shuttle driver shall receive the applicable hourly rate of this supplement.

   Mileage to be figured one way to ascertain earnings. Earnings shall be computed on a daily basis.

7. Any truck driver who has seniority as of the date of this Agreement and who, because of age or physical incapacity, is unable to drive and stitch shall not lose his seniority rights because of such incapacity.
8. Employees who move during a shift from a piece rated job to an hourly rated job shall receive compensation computed at the rate applicable to each such job.