AGREEMENTBETWEENSODEXO CAMPUS DINING SERVICESATST. CLOUD STATE UNIVERSITY720 AVENUE, 3.ST. CLOUD, MN 56301MINNESOTA STATE EMPLOYEES UNION,COUNCIL 5 OF THEAMERICAN FEDERATION OF STATE,COUNTY, AND MUNICIPAL EMPLOYEES, AFL-CIOEFFECTIVE DATES:FROM: JULY 1, 2011TO: JUNE 30,2014 OF CONTENTSARTICLE 1 RECOGNITIONARTICLE 2 DEFINITIONSARTICLE 3 UNION SECURITYARTICLE 4 NON-DISCRIMINATIONARTICLE 5 LABOR-MANAGEMENT COMMITTEEARTICLE 6 HOURS OF WORKARTICLE 7 HOLIDAYSARTICLE 8 - VACATIONSARTICLE 9 SICK ARTICLE 10 ARTICLE 11 OVERTIMEARTICLE 12 SENIORITYARTICLE 13 JOB SAFETYARTICLE 14 DISCIPLINE AND DISCHARGEARTICLE 15 SETTLEMENT OF DISPUTESARTICLE 16 INSURANCEARTICLE 17 WAGESARTICLE 13 soDExo PLANARTICLE 19 - UNION RIGHTSST CLOUD STATE UNIV exp 6-30-14.doCARTICLE 21 N0 STRIKE NO LOCKOUTARTICLE 22 MANAGEMENT RIGHTSARTICLE 23 SAVINGS CLAUSEARTICLE 24 TERMINATIONST CLOUD STATE UNIV exp 6-30-14.doc202020AGREEMENTThis Agreement entered into by Sodexo, lnc., operating the food service at St. Cloud StateUniversity, 720 Avenue, S., St. Cloud, MN 56301, hereinafter referred to as the "Employer"or the ?Company" and Council 5, of the American Federation of State, County and MunicipalEmployees, AFL-CIO, hereinafter referred to as the "Union", has its purpose and intent thepromotion of harmonious relations between the Employer and the Union, the establishment ofan equitable and peaceful procedure for the resolution of differences, and the establishment ofrates of pay, hours of work and other conditions of employment.ARTICLE 1 RECOGNITIONThe Employer recognizes the Union as the sole and exclusive bargaining agent for all full-timeand regular part-time food service employees, who work twenty (20) or more hours per week,including lead employees, employed at the food service facilities at St. Cloud State University,excluding office clerical employees, casual and temporary employees, student employees,guards, and supervisors, as defined in the National Labor Relations Act, as amended.Temporary employees are those employees who are not employed in excess of one (1) schoolsemester. Casual employees (not to exceed fifteen percent of the Union work force) arethose employees with no regular work schedule.ARTICLE 2 DEFINITIONSSection 1. Full-Time Emploi?: A ?full-time employee? is one who regularly works thirty(30) or more hours per week.Section 2. Part-Time Employee: A ?part-time employee? is one who regularly works lessthan thirty (30) hours per week.Section 3. Casual Employee: A ?casual employee" is one who is scheduled to work on anas needed, non-regular basis.Section 4. Working Day/Days: When used to define time limits for notices, meetings,postings, and the Grievance and Arbitration process, "working day? means Monday throughFriday, exclusive of fixed holidays under this Agreement and days on which the unit is closed.ARTICLE 3 UNION SECURITYSection 1 Agency Shop: Any present or future employee who is not a Union member, andwho does not make application for membership, shall, as a condition of employment, pay to theUnion each payroll period a service charge as a contribution towards the administration of thisAgreement in an amount equal to the regular dues of AFSCME Local 753. Employees who failto comply with this section shall be discharged by the Employer within thirty-one (31) days afterreceipt of written notice to the Employer from the Union.Section 2 New Employees: The Employer agrees to furnish the Local Union Steward withthe name and address of all new employees within five (5) days of the date of their hire.ST CLOUD STATE UNIV exp 6-30-14.doc 4Section 3 Check-off: The Employer agrees to deduct weekly from the wages of employeeswho authorize such deductions in writing, an amount sufficient to provide for the payment ofUnion membership dues or service fees as established by the Union. The amounts to bededucted shall be certified to the Employer by the Union and the aggregate deductions of allsuch employees shall be remitted together with an itemized statement, to the Union, by thetwentieth day of the month following the month in which deductions are made.Authorizations for such deductions shall be irrevocable during the life of this Agreement.Section 4 Successor: This Agreement shall be binding in all respects on the parties andtheir successors.ARTICLE 4 NON-DISCRIMINATIONSection 1. The Employer and the Union agree that neither of them will discriminate againstor harass any of the Employer's employees because of the employee?s race, color, religion, sex,sexual orientation, age, national origin, disability, veteran status or any other personalcharacteristic that is protected by applicable law. The Employer and the Union also agree thatneither of them will retaliate against any of the Employer?s employees who complain ofdiscrimination or harassment or who participate in an investigation regarding discrimination orharassment.The Employer and the Union agree that each bargaining unit member is also obligated not todiscriminate, harass, or retaliate based on any of the protected characteristics described aboveagainst any other employee or anyone with whom the employee has contact on the Employer'sand/or client's premises during the course of the employee?s workday.Section 2. Gender. The use of pronouns "he" or ?she" and the suffixes ?men" or ?women"shall not be interpreted to refer to members of only one sex, but shall apply to members ofeither sex.Section 3. Americans with Disabilities Act. This Agreement shall be interpreted to permitthe reasonable accommodation of disabled persons as required by state and/or federal law,including the Americans with Disabilities Act (ADA). In the event such conflictingaccommodation is permitted only if required to comply with said laws, the parties, at either?srequest, shall meet to discuss the proposed accommodation. The parties agree that anyaccommodation made by the Employer with the respect to job duties or any other term orcondition of employment shall not in any way become applicable to any other individual, class orgroup of employees, but shall apply only to the person or persons accommodated in theparticular situation. The fact that such person or persons was accommodated, and the mannerand method of such accommodation, shall be without precedent and, therefore, may not beused or relied upon by any person for any purpose at any time in the future.Section 4. The Employer agrees not to interfere with the rights of employees to becomemembers of the Union and there shall be no discrimination, interference, restraint, or coercionby the Employer or any Employer representative against any employee because of Unionmembership or because of any employee activity in an official capacity on behalf of the Union,which is in accordance with the provisions of this Agreement.ST CLOUD STATE UNIV exp 6-30-14.doc 5The Union recognizes its responsibility as bargaining agent and agrees to represent allemployees in the bargaining unit without discrimination, interference, restraint, or coercion.ARTICLE 5 LABOR-MANAGEMENT COMMITTEESection 1. The Employer and Union agree that there shall be a Labor-ManagementCommittee consisting of no more than four (4) individuals from each party, depending on unitsize. Committee members shall be designated, in writing, by each party to the other. Meetingswill be held at mutually agreeable times and places so as to apprise the other of problems,concerns and suggestions related to the operations and the work force, all with the aim ofpromoting better understanding between the parties. Meetings will be held within fifteen (15)days after either party so requests, but not more than one time each month during the academicyear. A written agenda shall be established for each meeting and shall be presented betweenthe parties a minimum of forty-eight (48) hours in advance of the scheduled meeting. Saidagenda may be amended by mutual agreement at the meeting. Such meetings shall not beconstrued as opening the Agreement for negotiations, nor shall any subject matter at themeetings constitute a step in the grievance procedure. Employees shall be paid at their regularhourly rate for time spent at Labor-Management meetings.ARTICLE 6 HOURS OF WORKSection 1 Work Day: Eight (8) consecutive hours shall constitute the normal work day andwork shift. There shall be no split shifts.Section 2 Work Week: Five (5) eight (8) hour days within the seven (7) day period Fridaythrough Thursday, inclusive, shall constitute the normal work week. Hours of work can bemodified by agreement between the Employer, employee and the Union.Section 3 Work Schedules: Work schedules showing the employees? hours, work days, andshifts shall be posted on the department bulletin board seven (7) days in advance of theireffective date. When changes are posted differing from an employee's normal work schedule,the employee shall also be notified verbally of such change.Section 4 Paid Rest Periods: All employees shall be granted a fifteen (15) minute paid restperiod for each four (4) hours worked. Any employee scheduled to work seven and three-quarters (7 3/4) or more hours shall receive two (2) fifteen (15) minute paid rest periods. Noemployee shall work more than four (4) straight hours without being given a rest period.Employees who for any reason work beyond their regular quitting time into the next shift shallreceive a fifteen (15) minute rest period before they start work on such next shift when it isexpected that the overtime work will last two (2) hours or more. In addition, they shall begranted the regular rest periods that occur during that shift.Section 5 Meal Periods: All employees, working six (6) or more hours shall be granted athirty (30) minute unpaid lunch period during each work shift. Whenever possible, the lunchperiod shall be scheduled at the middle of each shift.Section 6 Reporting Time: Any employee who is scheduled to report for work and whopresents himself/herself for work as scheduled shall be assigned to at least three (3) hours onST CLOUD STATE UNIV exp 6-30-14.doc 6the shift for which he/she was scheduled to report. This Section shall not apply if there is a lackof work caused by unnatural or catastrophic conditions beyond the control of the Employer.Section7 Call Back: Any employee called back to work outside of his/her regularlyscheduled shift shall be paid for a minimum of three (3) hours at the rate of time and one-half (1Section 8 Before being offered to student and casual employees, additional hours of workshall be first offered to Union employees, if they are available.Section 9 Summer hours presented to employees shall be first offered to the most senioremployee(s) by job class, who are qualified to perform the work. Should the most senioremployee choose not to accept the hours, the hours shall then be offered to the next mostsenior employee. In the event all employees decline the summer hours, the employer shallhave the right to assign hours based upon inverse seniority among employees in the class.For purposes of this Section, in an effort to allow employees who volunteer the ability tomaximize their hours during the summer months, employees shall be eligible to work split-shiftsand shall not be subject to Sections 1, 6 and 7 of Article 6 (Hours of Work) of this Agreement.The parties agree to discuss specific issues regarding upcoming Summer Schedules eachSpring in a Labor ?Management committee meeting.ARTICLE 7 HOLIDAYSSection 1 Recognized Holidays: Christmas Day, New Year's Day, Thanksgiving Day andthe Friday after Thanksgiving shall be recognized and observed as paid holidays. Eligibleemployees shall receive holiday pay in an amount equal to the employee's regularly scheduledhours of work per day, for each of these holidays. ?Eligible employees? shall mean a regularfull-time or part-time employee who is in active payroll status, i.e. must have worked on his/herlast regularly scheduled day of work immediately preceding a holiday and worked his/her firstregularly scheduled day of work immediately following the holiday. Regularly scheduled daysshall include paid vacation days, jury duty, paid bereavement days or paid sick days. Holidaysshall be observed in accordance with the holiday schedule established by St. Cloud StateUniversity.Section 2 Holiday Work: If an employee works in any of the holidays above, he/she shall bepaid at the rate of time and one-half (1 for each hour worked, in addition to his/her regularholiday or vacation pay.Any employee that is scheduled, and works, on Easter Day, Martin Luther King Day, MemorialDay, July or Labor Day shall be compensated at the rate of time and one-half (1 for allhours worked.Section 3 Holiday Hours: For the purpose of computing overtime, all holiday hours workedor un?worked for which an employee is compensated (excluding premium hours) shall beregarded as hours worked.Section 4 Employees shall receive double time for all overtime hours worked on a holiday(holiday pay will not be included in forty [40] hours for the overtime calculation).ST CLOUD STATE UNIV exp 6-30-14.doc 7ARTICLE 8 VACATIONSSection 1 Vacation Accrual: All full-time employees covered by this Agreement shall accruevacation time based upon a thirty-three (33) week academic year or thirteen hundred twenty(1320) annual hours. Vacation shall be determined based on length of service as follows:0 Employees hired onto the payroll until they complete sixty (60) months of service as ofOctober 15?, they shall accrue .0607 hours of vacation pay per hour paid, up to amaximum of eighty (80) hours in a year.For employees with at least sixty (60) months of service, or more, as of October 15?, theyshall accrue .0910 hours of vacation pay per hour paid, up to a maximum of one-hundred and twenty (120) hours in a year.Section 2. Vacation time shall vest on October 15?, of each year. Employees with less thantwelve (12) months of service as of October 15?, shall receive an allotment equal to their accrualfrom their date of hire until October 15?.Section 3. Notwithstanding the fact that the accrual rate is based upon a thirty-three (33)week academic year, employees shall accrue vacation time up to the maximum stated for allhours paid between the period of October 15? and October 15? of the following year.Section 4. The parties also agree that should the Employer's payroll system allow the abilityfor vacation time to be automated to allow the calculation of vacation time, that these rates shallbe used for the purposes of doing so.Section 5. Vacation Pay. The rate of vacation pay shall be at the regular straight time rateof pay in effect for the employee's regular job during the vacation period times the number ofhours the employee is regularly scheduled to work per week. Employees may request andreceive their vacation pay on the last regular pay day preceding the end of the Spring Semester.Section 6. Vacation Period. Vacations shall normally be taken during periods when foodservice operations are curtailed. The Employer shall give reasonable consideration to requestsfor vacation, taking into account the Employer's ability to provide staff coverage for theemployee, the employee's seniority, and the reasons the employee is requesting the vacation.Vacations shall be granted at the time requested by the employee provided such vacation doesnot interfere with the efficient operation of the food service. If the nature of the work makes itnecessary to limit the number of employees on vacation at the same time, the employee withthe greater seniority shall be given his/her choice of vacation period in the event of a conflict.Section 7. Employee vacation requests shall be answered and returned, in writing, to theemployee within five (5) working daysSection 8. Vacation earned under this Agreement may not be carried over from year toyear. Employees who have not used their allotted vacation time in a given year shall be paidout for such time prior to October 15?.Section 9. Vacation Chanqes. Should an employee becomes sick or injured prior to thecommencement of their scheduled vacation and whose illness or injury disables them throughST CLOUD STATE UNIV exp 6-30-14.doc 8the entire period of their scheduled vacation, shall at their option, receive vacation pay for theirscheduled vacation or receive sick pay for this period of time and have their vacationrescheduled. An employee cannot receive both sick pay and vacation pay for the same period.Such notice shall be accompanied by adequate proof of such illness or disability and shall begiven to the Employer as soon as possible after the illness or disability occurs.Section 10. Vacation Rights. Any employee who has vested vacation time as of October 15?of a given year and is permanently laid-off, discharged, retired, or otherwise separated from theservice of the Employer for any reason shall be entitled to all hours accrued at their time ofseparation in addition to any hours of vested vacation that are unused at the time of theirseparation at their then current rate of pay on the next regular payroll period.Employees who are eligible for Social Security or who have fifteen (15) years of continuousservice and who resign their employment on August 13? or after will receive three (3) weeks ofvacation. To calculate the hours that would normally be accrued from the date of theirseparation until October 15?, it shall be based upon the average hours paid on a weekly basisduring the past academic year.ARTICLE 9 SICK LEAVESection1 Allowance: All full-time employees covered by this Agreement shall earn andaccumulate sick leave in accordance with the following schedule:Period of Service Accrual Rate Per HourWorkedDuring the 15? through 24 months of Seniority .025After 24 months of Seniority and up to amaximum accrual of 240 hours .0375Hours beyond 240 hours shall be accrued upto a maximum of 600 hours at the rate of .025For the purpose of this Section, ?hours worked? means any hour in which an employee receivescompensation for work performed or accrued paid leave.Section 2 Utilization: Employees shall be granted sick leave with pay for absencesnecessitated by reason of any sickness or disability which renders the employee unable toperform the duties of his/her employment; for reasons of medical or dental care; for exposure toserious contagious disease; or by illness of his/her spouse or minor children or parents, for suchperiods as attendance shall be necessary. The Employer may require an employee to furnish astatement from a medical practitioner for absences in excess of three (3) consecutive work daysor in instances where the Employer has substantial reason to believe that an employee isabusing his/her sick leave rights.Any employee incurring an on the job injury shall be paid the employee's regular rate of pay forthe remainder of the work shift. Any necessary sick leave charges for employees so injuredshall not commence until the first scheduled work day following the injury.ST CLOUD STATE UNIV exp 9Section 3 Accrual: If the Employer's payroll system has the ability, the Employer shallinclude the employee?s sick leave accrual, utilization, and balance in the employee?s payenvelope. If this is not available, the Employer shall provide a report detailing the information ona quarterly basis to the employees.Section 4 Bereavement Leave: In the event of death in the family of an employee? spouse,domestic partner, parents, children, brother, sister, grandparents, grandchildren, father-in-law,brother?in?law, sister-in-law, son?in-law, daughter-in?law, step parents, stepchildren, step brother, step sister, aunt or uncle, the employee shall be granted up to three (3)days bereavement pay to make household adjustments, or to attend funeral services.Employees may request additional time off for purpose of bereavement. Additional time mayinclude the use of sick or vacation time that the employee may have, or may be unpaid.Bereavement leave, whether paid or unpaid, shall not be used when addressing attendanceissues.Section 5 Sick Leave Bonus: Full-time employees with perfect attendance and who havenot utilized sick leave during a review period shall be paid twelve (12) hours? pay at their currenthourly rate of pay. This shall be paid every semester and shall include the summer scheduleand be used as a bonus for the prudent use of sick leave.The review periods shall be August 16"? to November November 16 to February February 16 to May or the summer period, which shall be the amount of weeks thatSodexo is operating during the summer. Employees shall have the option of one (1) weeks?unpaid leave with approval of the supervisor and said approval shall not be unreasonablywithheld. If an employee cannot schedule a doctor appointment during off hours the employeewill be granted up to four (4) hours off without accounting this against their attendance record forpurposes of sick leave bonus. The Employer may request, and if so, the employee mustprovide written verification from the doctor.Section 6 Sick Leave Bonus Upon Retirement: Any employee who retires and collects aSocial security benefit or terminated employment after fifteen (15) years of continuousemployment, shall be entitled to a cash payment equal to fifty percent of his/her accruedsick leave at the time of retirement.ARTICLE 10 LEAVESSection 1 Jury Duty: Employees shall be granted a leave of absence with pay, reduced bythe amount of any compensation (except mileage and expenses) received from the court, anytime they are required to report for jury duty or jury service. At the time an employee is notifiedhe/she may be called for jury duty, he/she shall notify his/her supervisor as soon as possible.The employee shall make every attempt to have jury duty deferred to a period when the foodservice operation is curtailed.Section 2 Civic Duty: Employees required to appear before a court or other public body onany matter not related to their work and in which they are not personally involved (as a plaintiffor defendant) and employees elected or appointed to any political or legislative position whorequest a leave of absence to perform their civic duty shall be granted a leave of absencewithout pay for the period necessary to fulfill their civic responsibilities.ST CLOUD STATE UNIV exp 6-30-14.doc 10Section 3 Military Service: Any employee who is a member of a reserve force of the UnitedStates or of this State and who is ordered by the appropriate authorities to attend a trainingprogram or perform other duties under the supervision of the United States or this State shall begranted an unpaid leave of absence during the period of such activity, up to a maximum offifteen (15) full work days per year.Section 4 Medical Leave: Employees will be granted leaves of absence for medical reasonsfor as long as their attending physicians require, not to exceed a period of six (6) months.Section 5 Maternity Leave: Upon written request, maternity leaves of absence without payshall be granted to all employees who request same. The leave shall begin at a time requestedby the employee and shall continue up to a maximum of six (6) months. Employees returningfrom a maternity leave shall be reinstated to their original job or to a position of like status andpay. There shall be no policy requiring the termination of pregnant employees which is basedupon a specific number of months of pregnancy, however, the Employer may request astatement from the employee?s physician that continued performance in the employee's normalduties will not be injurious to the health of the employee. Employees must give the Employer atleast two (2) weeks notice of their intention to return to work.Section 6 Reasonable Purpose: Leaves of absence without pay for a limited period not toexceed six (6) months shall be granted for any reasonable purpose, and such leaves may beextended or renewed for any reasonable period. Reasonable purpose in each case shall beagreed upon by the Union and the Employer. Request for leaves of absence must be made inwriting indicating the reasons therefore and the requested duration of such leave. Requests forleaves of absence must be made as far in advance as possible, with a minimum of two (2)weeks notice whenever possible.Employees may request approval for up to three (3) personal leave days without pay each year(July 15? to June Request for personal leave must be made in writing to the Employer ten(10) days in advance of the leave, wherever practical, however, in all cases as soon as theemployee knows of the need. The supervisor shall respond in writing to all personal leaverequests within twenty-four (24) hours. If it is necessary to restrict the number of employees onleave at one time, the more senior employees shall be granted the leave. Leaves will begranted on a "first come first serve" basis, and once leave has been approved, an employeecannot be required to work.Section 7 Union Business: The Employer will approve written requests for leave withoutpay, not to exceed one (1) year, for employees elected to any Union office or selected by theUnion to do work which takes them from their employment with the Employer.Section 8 Neqotiations: No more than five (5) employees selected to serve on a negotiatingcommittee will be paid for time lost when negotiations are held during their regular shift, suchcosts to be borne equally by the Employer and the Union. The Union agrees to notify theEmployer of the names of employees selected prior to the start of negotiations.ARTICLE 11 OVERTIMESection 1 Overtime Hours: All hours worked in excess of eight (8) hours in any work day; inexcess of a forty (40) hour work week; before or after any regularly scheduled eight (8) hourST CLOUD STATE UNIV exp 6-30-14.doc 11shift; all days in excess of five (5) days in a work week (Friday through Thursday) or on anyholiday, shall be considered overtime. The Employer agrees to make every effort to establishschedules which do not require more than seven (7) consecutive days of work. For purposes ofthis Section, all hours of paid leave shall be regarded as hours worked.Section 2 Overtime Rates: All employees shall be compensated for approved overtime workat the rate of time and one-half (1 1/2) at the employee's regular hourly rate.Section 3 Distribution of Overtime: Overtime work shall be distributed as equally as possibleamong employees in the same job classification and in the same work area who desire theovertime work. Work areas are Atwood, Garvey Kitchen and Garvey Service Area. Anaccumulative record of overtime worked and declined for each employee shall be posted on thebulletin boards.Section 4 Pyramiding: There shall be no pyramiding of overtime hours or rates.ARTICLE 12 SENIORITYSection 1 Definition: ?Seniority? means an employee's length of continuous service with theEmployer since his/her last date of hire. An employee's continuous service record shall bebroken only by voluntary resignation, discharge forjust cause, or continuous |ay?off in excess ofone (1) year. There shall be no deduction from continuous service for any time lost which doesnot constitute a break in continuous service.All newly hired employees shall have a ninety (90) calendar day probationary period (exclusiveof any periods of |ay?off) during which time the Employer shall be sole judge of theirqualifications for continuing employment and should their employment be terminated during thisperiod, such termination shall not be subject to the grievance and arbitration provisions of thisAgreement. An employee who successfully completes his/her probationary period shall beplaced on the seniority list and their seniority date shall be their date of hire.Section 2 Senioritv Lists. Every three (3) months the Employer shall post on the departmentbulletin board a seniority list showing the continuous service of each employee. A copy of thisseniority list shall be furnished to the Local Union at the time it is posted. When two (2) or moreemployees have the same seniority dates, their respective positions on the seniority list shall bedetermined by lot.Section 3 Promotions, Job Vacancies. When new jobs are available or when otherpermanent vacancies occur in the bargaining unit, or when temporary vacancies in excess ofthree (3) weeks occur in the bargaining unit, the vacancies shall be filled as follows:a. When a job vacancy occurs, the Company will post the job, including the general dutiesand shift involved, for four (4) consecutive days on the employee bulletin boards atAtwood, Garvey Kitchen and Garvey Service Area.b. Employees desiring to apply for this job will write their names on the posted notice. Thesuccessful applicant will be selected on the basis of seniority, provided the employeepossesses the ability and qualifications to perform the work required in the new position.ST CLOUD STATE UNIV exp 6-30-14.d0c 12c. The employee shall be provided a complete and accurate job description detailing theduties of the job at the time he/she begins work. (Each employee currently employedshall be provided a complete and accurate job description detailing the duties of his/herjob as of July 1, 2006.)d. If the employee awarded the job decides, within fifteen (15) working days of theassignment, that he/she does not want the job, the employee shall be returned to theposition held before the award. The Employer shall then fill the position according to above. The employee shall not be returned to the previous position until the Employerhas secured a replacement or fifteen (15) days after the assignment, whichever comesfirst.e. When an employee returns from a leave of absence, the employee filling the temporaryvacancy in excess of three (3) weeks will be returned to the job he/she previously held.f. An employee accepting promotion or transfer to a job within the scope of this Agreementand failing to qualify within fifteen (15) working days shall return to the job from whichhe/she was promoted or transferred.g. In the event no employee bids on a posted vacancy within the four (4) day period, theEmployer may fill such vacancy as he sees fit, provided the position remains a Unionposition.h. The Employer may fill vacancies on a temporary basis during the bidding process.i. The Employer shall post temporary vacancies. Any vacancy remaining after two (2)postings shall be filled by the Employer with either a Union member, temporaryemployee, or a casual employee. It is understood that no Union member will receive aloss in hours because of a temporary placement of a Union member by the Employerinto a temporary position.Section 4 Work on a Higher Rated Job: When an employee works a higher rated positionfor two (2) hours or longer, that employee shall be paid the higher rate for such time spent onthat job.Section 5 Job Abolishment. In the event that a job is abolished an affected employee andthe first employee bumped under the provisions of this Section will have the option to:a. Bump the less senior employee in the employee?s classification.b. Bump the less senior employee in an equal class provided the bumping employee isqualified to perform the job.c. Bump the less senior employee in a lower classification provided the bumping employeeis qualified to perform the job.Any additional employee bumped by the provisions of this Section shall also be permitted to:a. Bump the least senior employee in the employee?s classification.ST CLOUD STATE UNIV exp 6-30-14.doc 13b. Bump the least senior employee in an equal class provided the bumping employee isqualified to perform the job.c. Bump the least senior employee in a lower classification provided the bumpingemployee is qualified to perform the job.In A, B, and above, employees shall first bump the employee with the same number of hoursin the same, equal, or lower classification.Section 6 Lav-off: Any interruption of employment in excess of three (3) consecutive workdays shall constitute a |ay?off. Prior to instituting any lay-off procedures, the Employer shalloffer employees to be affected an opportunity to transfer to vacant positions which they arequalified to fill in the bargaining unit on a seniority basis. Lay-off of employees shall be made inthe inverse order of seniority within classification in which the lay-off becomes necessary. Inevery case of lay?off, the Employer shall give written notice to the employee and the local UnionSteward or representative as far in advance as is reasonably possible and shall indicate theestimated length of the lay-off.Section 7 Bumping: If they so desire, employees who are about to be laid off shall bepermitted to exercise seniority rights to bump (displace) the least senior employee first in theirown classification, second in an equal classification, third in a lower job classification within thebargaining unit providing the bumping employee has greater seniority than the employee who isso displaced and is qualified to perform the job. Employees shall first bump the least senioremployee with the same number of hours. Employees bumped by the provisions of this Sectionshall also be permitted to exercise bumping rights.Section 8 Reduction in Hours: Two (2) weeks after the beginning of each semester, theEmployer will establish a schedule for the remainder of the semester. When hours have beenreduced, the Employer shall make every effort to reassign senior employees whose hours havebeen reduced and who desire more hours to job assignments with the greater number of hours,taking into consideration the factors of seniority, individual abilities and the stability of theoperation.Section 9 Lay-off Lists: Employees who are laid off, bumped, or who change jobclassification in accordance with the provisions of this Article shall have their name placed on alay-off list for the class in which they formerly served, in the order of their seniority withinclassification for each class.Section 10 Recall: Employees shall be recalled from lay-off in order of their rank on the lay-off list. No new employees shall be hired until all employees on lay-off status, who desire toreturn to work, have been recalled.Section 11 On partial school days, those employees normally assignedthe shift shall be scheduled. If the Employer does not need all the employees on a shift on apartial school day, the Employer shall schedule the senior employees assigned that shift towork. When the shift is needed encompasses two (2) shifts, the most senior employees fromeach shift shall be scheduled.ST CLOUD STATE UNIV exp 6-30-14.doc 14ARTICLE 13 - JOB SAFETYSection 1 General: It shall be the policy of the Employer that the safety of his employees,the protection of work areas, and the prevention of accidents are continuing and integral parts ofhis every day operating responsibility. It shall be the responsibility of all employees tocooperate in programs to promote safety and to comply with rules promulgated to ensure safety.This employee responsibility includes the use of all safety devices provided in accordance withrecognized safety procedures.Section 2 Employee Safety: Any unsafe equipment or job conditions shall be brought to theattention of the supervisor. Any necessary protective equipment or protective clothing shall befurnished by the Employer at no expense to the employee. Employees who continue to useunsafe procedures or equipment after being instructed not to do so shall be subject todisciplinary action.Section 3 Safety Committee: A joint Union-Management Safety Committee shall beestablished composed of one (1) representative of the Employer and one (1) representative ofthe Union from each work area. The Committee shall meet to discuss safety and othermatters of concern in an effort to create a better working relationship between the parties,including discussion of duties which could be done by employees on limited duty restrictions.ARTICLE 14 DISCIPLINE AND DISCHARGESection 1 Discipline: Disciplinary action may be imposed upon an employee only for justcause. Any disciplinary action or measures imposed upon an employee may be processed as agrievance through the regular grievance procedure. If the Employer has reason to reprimand anemployee, it shall be done in a manner that will not embarrass the employee before otheremployees or the public.Minor infractions, irregularities, or deficiencies shall first be privately brought to the attention ofthe employee.Upon written request of an employee, the contents of his/her personnel records shall bedisclosed to the employee and/or his/her Union representative and/or his/her legal counsel.Disciplinary action or measures shall include only the following:a. Oral Reprimand;b. Written Reprimand;c. Suspension (notice to be given in writing);d. Discharge (notice to be given in writing);The Union shall receive a copy of all written disciplinary actions and the reasons therefore.Section 2 Discharge: The Employer shall not discharge any employee without just cause.The Union shall have the right to take up the suspension and/or discharge of an employee as agrievance at the second step of the grievance procedure and the matter shall be handled inaccordance with this procedure through the arbitration step if deemed necessary by either party.ST CLOUD STATE UNIV exp 6-30-14.d0C 15Any employee found to be unjustly suspended or discharged shall be reinstated with fullcompensation in cash for all lost time and with full restoration of all other rights and conditions ofemployment except as may be otherwise agreed to by the parties or as may be otherwisedetermined by an arbitrator.Section 3 Personnel Records: An oral reprimand shall be removed from the employee'spersonnel record after six (6) months, and a written reprimand, or a written record of asuspension shall be removed from the employee's personnel record after one (1) year providedthat no further disciplinary action has been entered into the employee's personnel record duringthe year.ARTICLE 15 SETTLEMENT OF DISPUTESSection 1 Grievance Procedure: Any grievance or dispute which may arise between theparties, including the application, meaning or interpretation of this Agreement, shall be settled inthe following manner.Step 1 The Union Steward, with or without the employee, shall take up the grievanceor dispute with the employee's immediate supervisor within fourteen (14) daysof his knowledge of its occurrence, provided however, any liability situationshall not begin until the date on which the grievance is filed. The supervisorshall then attempt to adjust the matter and shall respond to the Steward withinseven (7) calendar days.Step 2 If the grievance has not been settled, it shall be presented in writing by theUnion Steward, Grievance committee, or Union Representative to the FoodService Director within seven (7) days after the Supervisor's response is due.The Food Service Director will respond to the Union Steward, GrievanceCommittee, or Union Representative in writing within five (5) working days.Step 3 If the written grievance remains unresolved, it may be presented to the DistrictManager by the designated Union Representative within seven (7) calendardays after the Step 2 response is due. The District Manager shall arrange ameeting with the designated Union Representative(s) within seven (7) calendardays. The District Manager shall respond to the Union Representative and theUnion Staff Representative in writing within seven (7) calendar days.Step 4 If the grievance is still unsettled, the Union may, within sixty (60) days after thereply of the District Manager is due, serve notice of its intention to submit theissue to arbitration by giving written notice to the other party. The selection ofan arbitrator and the conduct of any arbitration shall be in accordance with thevoluntary labor arbitration rules of the Federal Mediation and ConciliationService. The decision of the arbitrator shall be final and binding on the parties,and the arbitrator shall be requested to issue is decision within thirty (30) daysafter the conclusion of testimony and argument. Expenses for the arbitrator?sservices and the proceedings shall be borne equally by the Employer and theUnion. However, each party shall be responsible for compensating its ownrepresentatives and outside witnesses. If either party desires a verbatimrecord of the proceedings, it may cause such a record to be made, providing itST CLOUD STATE UNIV exp 6-30-14.doc 16pays for the record and makes copies available at a reasonable cost to theother party and the arbitrator. The jurisdiction and the authority of thearbitrator of the grievance and his opinion and award shall be confinedexclusively to the interpretation of the expressed provisions of this Agreementand he shall have no authority to add to, detract from, alter, amend, or modifyany provisions of this Agreement.Section 2 Time Limits: The time limitation set forth in this Article may be waived, withoutprejudice to either party, only upon mutual agreement between the Union and the Employer.ARTICLE 16 INSURANCESection 1 Life insurance: The Employer shall provide a free group life insurance policy in theamount of ten thousand dollars Section 2 Eligible employees may participate in the Employer's Health, Dental, Short TermDisability, Life and other plans which may be part of the Sodexo Standard plans, under thesame terms, conditions, eligibilities, rules, policies, and costs of the Standard plans which arechanged from time to time by the plan administrators.The above insurance coverage is for any employee who works thirty (30) or more hours perweek. When employee contributions are necessary, such contributions shall be made throughpayroll deduction.Employees may drop health insurance participation according to IRS, standard plan, and carrierrules. The new employees must choose coverage within ninety (90) days of hire. The coveragebecomes effective on the first (1st) of the month following ninety days of employment.Prior to the start of the new insurance open enrollment period, the Employer shall notify theemployee of the cost increases in their insurance plan. The Employer will provide, uponrequest, a breakdown of the insurance costs paid for by the Employer and employee with thebest information available.The Employer agrees to establish with the Union an Insurance Committee to seek out otherinsurance coverage. When a satisfactory insurance plan is ratified by the Union, the Employermay implement the new insurance plan. The Committee shall meet as needed to assurecontinuation of a mutually agreeable insurance plan.Section 3 Disability Insurance: The Employer shall make available optional Sickness andAccident Insurance for its employees with terms at least equal to those found in the MasterAgreement between the State of Minnesota and the St. Paul Companies.Section 4 Payroll Deductions: With the written authorization of the employee, the Employershall deduct from the earnings of each employee who has selected optional, employee paidcoverage, an amount sufficient to pay the costs of such coverage and shall remit suchdeductions to the appropriate insurance carrier or agent in a timely manner.Section 5 Premiums Durinq Lav-off: The Employer agrees to pay the costs and continue infull force and effect all Employer-paid insurance coverage during the first three (3) full calendarmonths of summer lay-off of any employee covered by this Agreement.ST CLOUD STATE UNIV exp 6-30-14.d0c 17Section 6 Conversion: The Employer shall notify in writing employees of their rights toconvert the insurance benefits provided in this Article upon separation from service with theEmployer.ARTICLE 17 WAGESSection1 Salarv Ranqes: Effective July 1, 2011 the minimum rate of pay for New Hireemployees covered by this Agreement shall be:Classification 7I1I11 7I1 I11 7I1I13 7I1I13Titles Start After Start AfterRate Probation Rate ProbationRate RateBaker $10.75 $11.00 $10.90 $11.15Cook $10.20 $10.45 $10.35 $10.60Grill Cook $9.05 $9.30 $9.20 $9.45Food Service $8.90 $9.15 $9.05 $9.30WorkerlCashierFood Service $8.80 $9.05 $8.95 $9.20WorkerUtility $8.65 $8.90 $8.80 $9.05EmployeeAll employees who are below the starting pay in their classification shall receive the greater ofeither the start rate on Effective start of first pay period following Ratification or the amount ofthe general wage increase described below. From then on, no employee will be paid less thanthe appropriate start rate listed above.Section 2. General Wage IncreaseEffective 7/1/11 $0.25Effective 7/1/12 $0.30Effective 7/1/13 $0.25Section 3 Lonqevitv Pg: Effective July 1, 2005, employees shall receive as a longevitypremium, the following amounts for each hour worked:After 6 years $0.15 per hour additional (total of $0.15 premium added to base wage)After 10 years $0.10 per hour additional (total of $0.25 premium added to base wage)After 11 years - $0.15 per hour additional {total of $0.40 premium added to base wage)After 15 years - $0.10 per hour additional {total of $0.50 premium added to base wage)After 20 years - $0.10 per hour additional (total of $0.60 premium added to base wage)Section4 Lead Premium: Employees designated as Lead Workers shall receive anadditional fifteen cents per hour salary differential.ST CLOUD STATE UNIV exp 6-30-14.doc 18ARTICLE 18 SODEXO 401(k) PLANSection 1 Employees may participate in the Sodexo Retirement Savings Plan according tothe terms, conditions, rules, policies, eligibilities, and employee contributions as determined bythe Plan Administrators.ARTICLE 19 UNION RIGHTSSection 1 Employee Bulletin Boards: The Employer agrees to furnish and maintain suitablebulletin boards in convenient places to be used by the Union. The Union shall limit its posting ofnotices and bulletins to such bulletin boards.Section2 Union Activities: The Employer agrees that during working hours, on theEmployer's premises, and without loss of pay, the Local President andlor hislher designatedrepresentatives shall be allowed reasonable time to:Post Union notices and transmit communications authorized by the Local Union or itsOfficers to the Employer or his/her representative; consult with the Employer, his/herrepresentative, Local Union officers, or other Union representatives concerning theenforcement of any provisions of this Agreement.The Employer agrees that the Union Steward, an aggrieved employee, and any employeeinvolved in the investigation or processing of a grievance shall be covered by the provisions ofthis Section.Section 3 Union Representatives: The Employer agrees that accredited representatives ofthe American Federation of State, County, and Municipal Employees, whether Local Unionrepresentatives, District Council representatives or International representatives, shall have fulland free access to the premises of the Employer at any time during working hours to conductUnion business. The Union agrees that such activity will not unduly interfere with theEmployer?s operations.ARTICLE 20 - GENERAL PROVISIONSSection 1 Former Benefits: The Employer agrees to furnish meals and three (3) uniforms foreach new employee and one (1) uniform each year thereafter. The Employer will replace up totwo (2) uniforms per year that are worn out or that no longer fit.Section2 The Employer shall pay up to fifty dollars ($50.00) per academic year forreimbursement for safety shoes or safety overshoes purchased through one of the Employer'sauthorized shoe vendors.The parties have agreed that an employee, who because of a documented medical issue, shallbe reimbursed up the maximum stated above for safety shoes that they may purchase incompliance of their medical issue. Employees who seek reimbursement shall be required toproduce a receipt indicating the date, purchase price, and may be requested to verify that theshoe meets the Employer?s safety standards slip resistant, steel toe, etc.) beforereimbursement shall be made.Further, the Employer agrees that for employees who may want to wear their own shoes towork, the Employer shall provide safety overshoes or slip-ons to the employee at no cost to theST CLOUD STATE UNIV exp 6-30-14.doc 19employee. The safety overshoes or slip-ons shall be replaced as needed based on normalwear and tear of the item.ARTICLE 21 NO STRIKE NO LOCKOUTSection 1 No Strikes: It is agreed that during the term of this Agreement neither the Union,its officers or members, shall instigate, call, sanction, condone or participate in any strike, sit-down, stay-in, walkout, slowdown, stoppage or curtailment of work, picketing or willfulinterference with work or receipt or shipment of materials; provided further, that such actionsshall specifically include honoring the picket line of and/or supporting the strike, sit-down, stay-in, etc., by any Union whether or not a party to this Agreement.In the event that any of the employees violates the provisions of the above paragraph, the Unionshall immediately and publicly disavow such action and order any of its members whoparticipate in such action back to their jobs, fonlvard copies of such order to the Company, anduse every means at its disposal to prevent the conduct and continuance of such action.Any employee or employees found to have instigated, actively supported, or participated in suchactions shall be subject to immediate discharge.It is further agreed that during the term of this Agreement, employees shall not be entitled to anyfringe benefits or wages whatsoever while they are engaged in a strike, work stoppage or otherinterruption of work.In the event of a strike or work stoppage by employees of another bargaining unit on theCampus of St. Cloud State University, the employees of this unit will be required to continueworking but will not perform any work which would othenrvise be the work of the bargaining unitengaged in this strike or work stoppage.Section 2 No Lockouts: No lockout of employees shall be instituted by the Employer duringthe life of this Agreement.ARTICLE 22 MANAGEMENT RIGHTSExcept as specifically abridged, delegated, or modified by this Agreement, the management ofthe food service units, the establishment of uniform and reasonable rules of conduct, and thedirection of the work forces are vested exclusively within the company, provided that theserights will not be used for the purpose of discrimination against an employee or to avoid any ofthe provisions of this Agreement. The Company retains the sole right to hire, discipline,discharge, lay?off, and assign employees, subject only to the restrictions and regulationsgoverning the exercise of these rights as are expressly provided in this Agreement.ARTICLE 23 SAVINGS CLAUSEShould any Article, Section, or portion thereof, of this Agreement be held unlawful andunenforceable by any court of competent jurisdiction, such decision of the court shall apply onlyto the specific Article, Section, or portion thereof directly specified in the decision; upon theissuance of such a decision, the parties agree to immediately negotiate a substitute for theinvalidated Article, Section, or portion thereof.ST CLOUD STATE UNIV exp 6-30-14.doc 20ARTICLE 24 TERMINATIONThis Agreement shall be effective as of the first day of July, 2011, and shall remain in fullforce and effect through the thirtieth day of June, 2014. It shall be automatically renewedfrom year to year thereafter unless either party shall notify the other in writing one hundredtwenty (120) days prior to the expiration date that it desires to modify this Agreement.In the event that such notice is given, negotiations shall begin not later than ninety (90) daysprior to the expiration date; this Agreement shall remain in full force and be effective during theperiod of negotiations and until notice of termination of this agreement is provided to the otherparty in the manner set forth in the following paragraph.In the event that either party desires to terminate this Agreement, written notice must be givento the other party not less than ten (10) days prior to the desired termination date which shall notbe before the expiration date set forth in the preceding paragraph.The Company's address for purpose of sending an opening notice is as follows:Sodexo, Inc.Attention: Labor Relations Dept.200 Continental Drive; Suite 400Newark, DE 19713The Union's address for purpose of sending an opening notice is as follows:AFSCME Council 5, Local 753 (ARA)300 Hardman Avenue South, Suite 3South St. Paul, Minnesota 55075ST CLOUD STATE UNIV exp 6-30-14.doc 21IN WITNESS WHEREOF, the parties hereto have set their hands on the dates stated below.SODEXO cAMPus DINING SERVICE EMPLOYEES UNIONAT COUNCIL 5 OF THE AMERICANST. UNIVERSITY FEDERATION OF COUNTY, AND720 AVENUE, s. MUNICIPAL EMPLOYEES, AFL-CIOST. CLOUD, MN 56301WM l'a'lark"COmbsSenior Director, Labor Relations559' ~57 DATE DATEBill HarveyDistrict ManagerDATE DATEST CLOUD STATE UNIV exp 6-30-14.doc 22June 21, 2011Ms. Gladys McKenzieField RepresentativeAFSCME, Council 5300 Hardman Ave.So. St. Paul, MN 55075RE: Application of Wages ArticleDear Ms. McKenzie:This document serves as an updated Letter of Understanding between Sodexo (Employer) andAFSCME, Council 5 (Union) in regards to the recent negotiations and rati?cation of the 2011-2014 Collective Bargaining Agreement at St. Cloud University.As part of the 2008-2011 negotiation process, the parties discussed the application of thelanguage found in Article 17 (Wages), Section 1. Specifically, the issue concerns the applicationof the wage provisions as it pertains to employees who were on the payroll prior to the new wageschedule established 7/1/08.Prior to the 2008-2011 CBA, the salary ranges identi?ed in Article 17 were higher. As a resultof negotiations, the starting ranges were adjusted to re?ect current market conditions. As such,there was concern over how wages would be affected if an employee who was above the currentscale took a position (either a promotion or demotion) to another position.Accordingly, the parties have agreed that in determining the rate of pay that shall apply to anemployee who was hired prior to 7/ 1/08, the following calculation shall be made:1. Identify the employee?s current base rate of pay for their classi?cation.2. Utilizing the chart attached to this document, identify the employee?s currentclassi?cation and the classification they are moving to.3. Determine the difference in wages between the two classi?cations utilizing the RateAdjustment column.4. Apply the indicated Rate Adjustment to the employee?s current wage rate.5. All calculations shall be made using the employee?s base rate of pay. Increasesassociated to Longevity pay or any other premiums shall be applied after thecomputations, provided the employee is still entitled to the premium.For example, an employee who is currently a Cook and has a current rate of pay of $13.30 anhour desires to take a position as a Food Service Worker (FSW). The employee has ten years ofseniority and is receiving $0.25 Longevity pay as part of their $13.30 rate.The base rate of pay for the employee is $13.05 an hour. Utilizing the attached chart, anemployee moving from a Cook to a FSW shall have $0.85 deducted from their current wage rate.Therefore, the difference between the two classi?cations is .1 The employee?s base rate of pay for the new classi?cation would be $12.20 an hour. Tocalculate the ?nal rate, their Longevity premium would need to be appliedThe rate of pay they would receive for their new classi?cation as aFood Service Worker would be $12.45.For employees hired after 7/1/08, and are moving from one classi?cation to another, thefollowing process shall be followed:1. Identify the current rate of pay for the classi?cation that the employee holds according tothe 2011-2014 wage scale.2. Identify the rate of pay for the new classi?cation that the employee will be moving toaccording to the 2011-2014 wage scale.3. Determine the difference in wages between the two classi?cations.4. If the employee is moving to a lower rated classi?cation, then subtract the amountcalculated in Step 3 from their current wage.5. If the employee is moving to a higher rated classi?cation, then add the amount calculatedin Step 3 above to their current wage.6. For purposes of calculating the difference, the wages used in Steps 1 and 2 above shall bethe ?After Probation? rates identi?ed in the table.7. All calculations shall be made using the employee?s base rate of pay. Increasesassociated to Longevity pay or any other premiums shall be applied after thecomputations, provided the employee is still entitled to the premium.If this conforms with your understanding of our agreement, please date and sign this letter in thespace provided below and return a copy to me for our ?les.Sincerely,Mark CombsSr. Director, Labor Relations5?Accepted and agreed to thisday of 2011.Hays Mclfenzie u. Q)I -ield RepresentativeWage Calculation Chart for Employees Hired Prior to 7/1/08 Moving to aDifferent Classi?cationCurrent Classi?cation New Classi?cation Rate AdjustmentBaker Cook subtract $0.50Grill Cook subtract $1.25FSW/Cashier subtract $1.30FSW subtract $1.35Utility subtract $1.55Cook Baker add $0.50Grill Cook subtract $0.75FSW/Cashier subtract $0.80FSW subtract $0.85Utility subtract $1.05Grill Cook Baker add $1.25Cook add $0.75Cashier subtract $0.05FSW subtract $0.10Utility subtract $0.30FSW/Cashier Baker add $1.30Cook add $0.80Grill Cook add $0.05FSW subtract $0.05Utility subtract $0.25FSW Baker add $1.35Cook add $0.85Grill Cook add $0.10FSW/Cashier add $0.05Utility subtract $0.20Utility Baker add 1 .5 5Cook add $1.05Grill Cook add $0.30FSW/Cashier add $0.25FSW add $0.20DRAFT (4-2-10)AGREEMENTBETWEENSODEXO CAMPUS DINING SERVICESATBRYANT UNIVERSITYSMITHFIELD, RHODE ISLANDANDUNITED SERVICE AND ALLIED WORKERS OFRHODE ISLANDPROVIDENCE, RHODE ISLANDFROM: NOVEMBER 2, 2009TO: NOVEMBER 2, 2012TABLE OF CONTENTSARTICLE 1 - MANAGEMENT RIGHTS5ARTICLE 2 - COMPANY RULES AND REGULATIONS5ARTICLE 3 - DISCHARGE AND DISCIPLINE5ARTICLE 4 - EMPLOYEE DEFINITIONS6ARTICLE 5 - UNION RECOGNITION6ARTICLE 6 - UNION MEMBERSHIP6ARTICLE 7 - CHECK-OFF7ARTICLE 8 - UNION INFORMATION8ARTICLE 9 - NO STRIKE / NO LOCKOUT8ARTICLE 10 - SUBCONTRACTING8ARTICLE 11 - SENIORITY8ARTICLE 12 - SUMMER EMPLOYMENT9ARTICLE 13 - EMPLOYMENT, TRANSFER, PROMOTION9ARTICLE 14 - HEALTH AND SAFETY10ARTICLE 15 - EQUAL EMPLOYMENT OPPORTUNITY11ARTICLE 16 - WAGES11ARTICLE 17 - OVERTIME11ARTICLE 18 - VACATIONS12ARTICLE 19 - HOLIDAYS12USAW~(SODEXO)Bryant College.doc2ARTICLE 20 - SICK LEAVE13ARTICLE 21 - GROUP INSURANCE14ARTICLE 22 - RETIREMENT PLAN15ARTICLE 23 - FUNERAL LEAVE16ARTICLE 24 - UNIFORMS16ARTICLE 25 - MEALS AND REST PERIODS16ARTICLE 26 - JURY DUTY16ARTICLE 27 - UNPAID LEAVES16ARTICLE 28 - GRIEVANCE PROCEDURE17ARTICLE 29 - ARBITRATION19ARTICLE 30 - NOTICE OF INTENTION TO LEAVE20ARTICLE 31 - WORK BY SUPERVISORS20ARTICLE 32 - TERM OF AGREEMENT21APPENDIX "A"22MEMORANDUM AGREEMENT23MEMORANDUM AGREEMENT24MEMORANDUM AGREEMENT25MEMORANDUM OF AGREEMENT26MEMO OF UNDERSTANDING27SIDE LETTER OF AGREEMENT28USAW~(SODEXO)Bryant College.doc3SIDE LETTER OF AGREEMENT29SIDE LETTER OF AGREEMENT30SIDE LETTER OF AGREEMENT -REST PERIODS31USAW~(SODEXO)Bryant College.doc4AGREEMENTThis Agreement made and entered into on the date set forth below, by and between SODEXOCAMPUS SERVICES, INC. a Maryland Corporation, managing the food service operations forBryant University, Smithfield, Rhode Island, hereinafter referred to as the "EMPLOYER", itssuccessors or assigns, and the UNITED STATES AND ALLIED WORKERS OF RHODEISLAND, hereinafter referred to as the "UNION".WITNESSETHWHEREAS, it is the purpose of this Agreement to promote good relations between theEmployer and the Union and the employees represented by the Union, and to make clear thebasic provisions upon which such relations depend; andWHEREAS, it is the intent of both the Employer and the Union to work together to provide andmaintain mutually satisfactory terms and conditions of employment and to prevent as well asadjust misunderstandings or grievances relating to employment; andWHEREAS, both the Employer and the Union believe in and accept collective bargaining as ameans of carrying out the purpose and intent of this Agreement;NOW, THEREFORE, in consideration of the premises and of their mutual assent hereto as theterms and provisions of the contract between them, the Employer and the Union agree asfollows:ARTICLE 1 - MANAGEMENT RIGHTSSection 1 - It is agreed by and between the parties that the Employer has and retains the rightsand prerogatives of management which are not expressly surrendered or limited by thisAgreement and that the management of the plant and the Employer's business and itsoperations and the direction of its working forces are vested exclusively in the Employer. Noneof these rights will be exercised in an unreasonable manner.ARTICLE 2 - COMPANY RULES AND REGULATIONSSection 1 - The Union recognizes the right of the Employer to make such reasonable rules andregulations, not in conflict with this Agreement, as it may from time to time deem best for thepurposes of maintaining order, safety, and/or effective operation of its business, and afteradvance notice thereof to the Union and the employees, to require compliance therewith byemployees.ARTICLE 3 - DISCHARGE AND DISCIPLINESection 1 - The Employer has the exclusive right to maintain discipline including the right todischarge or suspend any employee for just cause. The Union acknowledges that themaintenance of discipline is the sole prerogative of the Employer in the interest of efficiency andeconomy in the operation of business.Section 2 - In the event an employee believes the Employer's action in discharge or disciplinarycases is arbitrary or discriminatory, the employee or the Union may file a grievance inaccordance with the provisions of the grievance and arbitration clause of this Agreement.Section 3 - The Employer will use progressive discipline except in cases which warrantUSAW~(SODEXO)Bryant College.doc5immediate suspension or discharge.Section 4 - Warnings shall be considered current and in effect for one (1) year provided theemployee receives no other warnings within the year.Section 5 - Copies of all warnings shall be given to the employee and stewards.Section 6 - The statute of limitations for discipline will be within the employee's sevenscheduled working days of the infraction.ARTICLE 4 - EMPLOYEE DEFINITIONSSection 1 - Full-time Employee - an employee who is regularly scheduled to work thirty (30)hours a week or more.Section 2 - Part-time Employee - an employee who is regularly scheduled to work less thanthirty (30) hours a week and twenty (20) hours or more a week.ARTICLE 5 - UNION RECOGNITIONSection 1 - The Employer recognizes the Union as the sole and exclusive collective bargainingagency for employees covered by the certification, who are engaged in the Employer's foodservice operations located at Bryant University campus, who are employed by the Employer inthe job classifications set forth in Appendix "A" of this Agreement, exclusive of office clericalemployees, professional employees, guards and watchmen, students, and all supervisors asdefined in the National Labor Relations Act, certification and representation case number 1-RC21813 for the purpose of all bargaining with respect to wages, hours and working conditions.Section 2 - The Employer agrees that the Union may appoint four (4) stewards for the foodservice operation at the Bryant University campus. One of these four (4) stewards may bedesignated by the Union as Chief Steward. The Employer shall be notified in writing of theseassignments and any changes therein. Subject to prior arrangements with the immediatesupervisors of the steward and the employee involved, a steward may confer during workinghours for a reasonable time with an employee covered by this Agreement in connection with theinvestigation and processing of grievances without loss of pay to either. Subject to priorarrangements with his or her supervisor, the Chief Steward shall be allowed without loss of pay,up to a maximum of two (2) hours of regular working time per month, to confer with Unionmembers on Union business during working hours. The Chief Steward and a steward in theother building will be given a copy of written material that the Food Service Director deemsappropriate.ARTICLE 6 - UNION MEMBERSHIPSection 1 - All present employees covered by this Agreement who are members of the Union ingood standing on the date of execution of this Agreement and all other employees covered bythis Agreement who during the term of this Agreement become members of the Union in goodstanding shall, as a condition of continued employment, retain their membership in the Union ingood standing during the term of this Agreement. The obligation to maintain good standing inthe Union is defined as the duty to tender the periodic dues and the initiation fees uniformlyrequired as a condition of acquiring or retaining membership in the Union.Section 2 - All present employees covered by this Agreement who are not members of theUSAW~(SODEXO)Bryant College.doc6Union, and all new employees covered by this Agreement and hired after the date of executionof this Agreement shall as a condition of continued employment become members of the Unionin good standing on or after the thirtieth (30th) day following the beginning of such employmentor on or after the thirtieth (30th) day following the execution of this Agreement, whichever is later,and shall thereafter maintain their membership in the Union in good standing during the term ofthis Agreement. The obligation to become a member of the Union in good standing and tomaintain good standing in the Union is defined as the duty to tender the periodic dues and theinitiation fees uniformly required as a condition of acquiring or retaining membership in theUnion.Section 3 - The Union will accept as members all present and future employees who arecovered by this Agreement on the same terms and conditions generally applicable to othermembers. Whenever the Union shall charge that any employee covered by this Agreement whohas become a member of the Union in good standing has failed to remain a member of theUnion in good standing during the term of this Agreement as required by this Section or that anyemployee covered by this Agreement has failed to become and remain a member of the Unionin good standing during the term of this Agreement as required by this Section and shall requestthe discharge of such employee, the Employer and the employee shall be so notified by theUnion in writing and the Employer shall have thirty (30) calendar days following receipt of suchnotice within which to discharge such employee. If during such thirty (30) day period theemployee shall pay or tender his or her initiation fees and/or delinquent dues as the case maybe, the Employer shall not be required to discharge such employee.Section 4 - The Union shall indemnify and save the Employer harmless against any and allclaims, demands and other forms of liability that may arise out of any action taken by theEmployer in fulfilling the term of this Section.ARTICLE 7 - CHECK-OFFSection 1 - Upon the receipt of a valid assignment in writing, in a form approved by theEmployer, executed by an employee assigning a portion of his wage to the Union for payment ofdues, the Employer shall cooperate with the Union in the collection of its dues by recognizingsuch assignment and by deducting from the wages paid each employee who makes suchassignment, on the Employer's first regular payday in each calendar month, the amountassigned. Said deduction shall begin on the first regular Employer payday in the calendarmonth which starts ten (10) or more days after receipt by the Employer of said assignment andshall continue thereafter so long as specified in the assignment or until receipt of instructionsfrom the assignor to the contrary. If a dues deduction is scheduled to be made during a payperiod an employee is on paid vacation, the dues shall be deducted from his or her vacationpay. No such assignment shall obligate the Employer to pay an employee's Union dues for anyperiod for which the employee receives no pay. All sums so assigned shall be paid by theEmployer to the Union by the following month in which it was deductedSection 2 - The Financial Secretary of the Union shall certify to the Employer on an annualbasis, or whenever there is a change of Union dues, the current Union dues.Section3 - The Union shall indemnify and hold the Employer harmless from any and all claims,grievances, arbitrations, awards, suits or other proceedings arising out of or by reason of anyaction taken by the Employer for the purpose of complying with the provisions of this Section.USAW~(SODEXO)Bryant College.doc7ARTICLE 8 - UNION INFORMATIONSection 1 - The Employer agrees to furnish to the Union each month the names of newly hiredemployees, their addresses, social security numbers, classification of work, their date of hire,names of terminated employees and names of employees on leave of absence. The Employerwill also furnish permanent schedule changes during the regular school year including studenthours. Meal counts will be furnished on a monthly basis.ARTICLE 9 - NO STRIKE / NO LOCKOUTSection 1 - The Employer agrees that there will be no lockout of employees during the term ofthis Agreement. The Union agrees that there will be no strike, work stoppage, slowdown,picketing, and refusal to cross a picket line, or other interference with the Employer's operationsby the Union, its representatives or members during the term of this Agreement.Section 2 - The Employer shall have the right to discharge any employee who participates in aviolation of this Article.Section 3 - It shall not be a violation of this Agreement for an employee to refuse to cross aprimary picket line sanctioned by the United Service and Allied Workers of the Local Unioninvolved in the strike action.ARTICLE 10 - SUBCONTRACTINGSection 1 - The Employer shall have the right to subcontract. However, the Employer shallnotify the Union and provide the Union with an opportunity to discuss any subcontract of a majoroperation on a permanent basis.ARTICLE 11 - SENIORITYSection 1 - A seniority listing will be maintained by the Employer listing all employees coveredby this Agreement and upon request, but not more often than once a year, the Union may obtaina copy thereof.Section 2 - If it is necessary to have a reduction of the work force, the principle of seniority shallgovern. In recalling from layoff, the last person laid off shall be the first recalled to thatclassification. Seniority shall be defined as the total length of service in the food servicedepartment at Bryant University. In the event of a layoff of a permanent nature, employees laidoff from their classification shall have the right to replace a junior employee provided theypreviously held that classification during their current period of continuous service. If anemployee cannot replace a junior employee in a previously held classification then theemployee may replace a junior employee in an equal paying or lower paying classification(using the employee's rate of pay) provided the employee is qualified to do that job. Layoff of apermanent nature shall be defined as any layoff which exceeds the layoff period normallyoccurring due to the academic schedule.Section 3 - In the event a regular full-time employee resigns from a position covered by thisAgreement and thereafter indicates within thirty (30) days from leaving that position, a desire toreturn to the same position or any other position covered by this Agreement, the Employer shallreinstate that employee's seniority earned prior to resignation of it should decide to rehire thatemployee.Section 4 - There shall be a sixty (60) day probationary period for all employees covered by thisUSAW~(SODEXO)Bryant College.doc8Agreement. Prior to the completion of sixty (60) days of employment, any employee may beterminated at any time without reference to the seniority provisions or grievance procedures setforth in this Agreement. A sixty (60) day extension of the probationary period shall be grantedby mutual written agreement between the Employer and the Union.Upon the satisfactory completion of sixty (60) days service, the employee will be advised as tohis or her job classification and the rate of pay under this Agreement, and his or her seniorityunder this Agreement shall date from the employee's first day of work.Thereafter, the employee's performance shall be reviewed on an annual basis by theemployee's supervisor who shall discuss the review with the employee and show the employeehis or her performance review sheet. The employee shall be given a copy of the review. Theannual review will be subject to the grievance procedure.Section 5 - An employee's seniority will be terminated by the following:a.b.c.d.e.f.g.resignationdischargepermanent layoff of twelve (12) consecutive monthsabsence due to illness of twelve (12) consecutive monthsfails to return from an authorized leave of absence for three (3) working dayswithout a bona fide excusefailure to return to work from layoff within seven (7) calendar days from the timenotified. Two (2) week notification when to return provided via U S Mail.retirement.Section 6 - Each semester anyone whose schedule changes will be offered theopportunity to replace a less senior employee in the same classification. Employeeswhose schedules have not changed are expected to remain in their current positions orbid on open positions.ARTICLE 12 - SUMMER EMPLOYMENTSection 1 - Prior to the end of the Spring Semester (one (1) month in advance) the Employer willpost on the bulletin board in the Food Service area, a list of summer job opportunities that it isaware of. The Employer will post specific hours and classifications that are known at the time ofposting. Senior employees will be given the opportunity of exercising their seniority as to theirchoice of working or not working in the available summer jobs. The Employer reserves the rightto staff the required summer jobs in the order of reverse seniority, if necessary. The Employerwill continue to pay health and life insurance premiums for employees who are laid off for thesummer vacation. The Employer will give five (5) days notice of any final changes or additionsto the work opportunities. The Employer will post each Friday for the following week the hours,days and classification of work available.ARTICLE 13 - EMPLOYMENT, TRANSFER, PROMOTIONSection 1 - Qualified present employees shall be given preference over applicants for workwhen jobs are available and particularly for jobs offering advancement. Whenever it isnecessary for the Employer temporarily to transfer an employee to another job covered by thisAgreement, the employee shall receive his or her regular rate of pay or the rate of pay for thejob, whichever is higher. Employees permanently transferred shall be entitled only to the rate ofpay for the job to which they are transferred. Holiday pay and sick pay will be paid at the higherUSAW~(SODEXO)Bryant College.doc9rate for temporary transfers of seven (7) days or more.Section 2 - In addition to the foregoing, it is agreed that a referral plan for promotion andpermanent transfers shall be maintained for consideration by the Employer in the event avacancy occurs that can be filled by promotion or permanent transfer. The Employer, however,may fill all such vacancies at its discretion irrespective of said referral plan. Referral cards foremployees seeking promotions or permanent transfers will be made available through the UnionStewards. For the purpose of this Agreement, a "promotion" shall be defined as theadvancement by an employee within the bargaining unit to a higher paying job classificationcovered by this Agreement and a "transfer" shall be defined as the move by an employee withinthe bargaining unit to a job classification covered by this Agreement which is in the same orlower pay scale as the employee's present position.Section 3 - All bargaining unit job vacancies which result from new construction, termination,retirement or death will be posted on the Employer's bulletin board for a period of five (5) days(fourteen (14) days during June and July for vacancies to be filled for the fall semester). Thepostings will list positions, salary, hours, and qualifications. Employees interested in applyingfor such posted job or jobs shall express their interest in writing to the Director's Office, statingtheir qualifications for the posted job or jobs.Except in cases of emergency or after consultation with the business agent or chief steward ofthe Union, no person shall be hired for a posted job until the expiration of the posting period.The Director's Office shall thereafter schedule any necessary interviews and shall inform theemployees of their acceptance or rejection for the posted job or jobs. The determination as towhether an employee is qualified to fill a vacancy shall rest with the Employer. Seniority shallgovern among qualified applicants for the position.Temporary positions expected to last at least six (6) weeks or in fact last six (6) weeks will beincluded in the above posting procedure. However, the Employer will only be obligated to postthe temporary opening and any subsequent vacancies created by the bid will be assigned bythe Employer. The employee filling the temporary position will be permitted to return to theemployee's original position once the temporary opening is permanently filled.Section 4 - If a unit employee is promoted or transferred, that employee shall serve a thirty (30)day probationary period on the new job. If the promoted or transferred employee is removedfrom the job during the probationary period, the employee shall be returned to his or her formerjob, or to an available equivalent one, without loss of seniority benefits.Section 5 - An employee promoted to a position covered by this Agreement may elect to returnto the position from which he/she was promoted provided the request to return is made withintwenty (20) days of his/her promotion.ARTICLE 14 - HEALTH AND SAFETYSection 1 - The Employer shall continue, as heretofore, to comply with legal regulations,whether heretofore or hereafter made, governing safety of working conditions, and willotherwise provide so far as possible for protection of the health and safety of the employees.The Union agrees that the employees shall, as a condition of employment, observe reasonablesafety rules. Specifically, employees shall immediately report to their supervisor, or his or herdesignated representative any accident or injury and shall comply with rules requiring medicalexamination or treatment. Notification of any accident of injury to an employee shall be given tothe joint Labor-Management Safety Committee with thirty (30) days of occurrence. EmployeesUSAW~(SODEXO)Bryant College.doc10shall be free to consult their own physicians without cost to the Employer, but in any case ofaccident or injury the Employer shall in no way be obligated to accept the opinion of physiciansnot retained by the Employer. The Union may appoint two (2) employees covered by thisAgreement to the joint Safety Committee. The Employer and the Union will cooperate inmaintaining and making effective safety and good housekeeping rules that will eliminatehazards and make the kitchen a safe and sanitary place to work. The Safety Committee willmeet once a month and a copy of the minutes of all meetings will be furnished to the Union.Section 2 - If the University is closed because of stormy weather, employees sent home shall beentitled to four (4) hours pay for reporting to work. Time lost due to stormy weather may becharged to accrued vacation time but not to sick time.Section 3 - Management will provide each employee with a minimum of one pair of safetyshoes per year. Management may replace shoes as needed. The method and source ofsupply will be discussed in the Safety Committee.ARTICLE 15 - EQUAL EMPLOYMENT OPPORTUNITYSection 1 - The Employer and the Union agree there will be no discrimination against anyemployee or applicant for employment because of race, religion, color, national origin, age, sex,sexual preference, or political affiliation. The aforesaid provision shall include, but not be limitedto, the following: employment, upgrading, demotion, transfer; recruitment or recruitmentadvertising; layoff or termination; rates of pay and other forms of compensation; and selectionfor training, including apprenticeship.ARTICLE 16 - WAGESSection 1 - Attached hereto and marked Appendix "A" is a schedule showing the wage ratesand the various classifications established for the purpose of setting forth the wages to be paidto employees during the term of this Agreement.Section 2 - It is understood that the above rates are minimum and the Employer may pay higherrates at its discretion in individual cases.Section 3 - The Company agrees to correct all pay errors within 48 hours by wiring the moneywhen there is an error of six (6) hours or more. An employee will receive approximatelysixty-five percent (65%) of gross pay. All other errors will be corrected in the followingpaycheck.ARTICLE 17 - OVERTIMESection 1 - Time and one-half (1 1/2 ) the employee's regular straight-time hourly rate shall bepaid for all hours worked in excess of forty (40) hours in a week or in excess of eight (8) hours ina day. There shall be no pyramiding of overtime premiums.Section 2 - For the purposes of this section, it is understood that the regular straight-time hourlyrate of pay used for the purpose of computing overtime or shift differential shall never itself beincreased by including in it any overtime, shift differential, or any other premium pay.Section 3 - Holidays, vacations and bereavement time will be counted as time worked for thepurpose of computing overtime. The Employer will post schedules for holidays and summerperiods, at least one (1) week in advance.USAW~(SODEXO)Bryant College.doc11Section 4 - Overtime will be assigned by seniority preference within classification. All overtimework must be authorized and scheduled by the Employer.Section 5 - The Company agrees to continue to status quo regarding the practice of providing alist of mandatory functions.ARTICLE 18 - VACATIONSSection 1 - Regular full time employees shall earn paid vacation benefits based on the followingschedule:SeniorityCompletion of one (1) academic year(September-May)1 year, but less than 5 years5 years, but less than 12 years12 years or moreVacation Earned1 week2 weeks3 weeks4 weeksEffective 11/2/06, the vacation provision will be modified to four (4) weeks vacation after twelve(12) years of service.Section 2 - For each month worked (at least six (6) full days), employees will earn one-ninth(1/9) of the appropriate schedule above. All employees who are scheduled to work twelve (12)months shall receive their full vacation entitlement as of May.Section 3 - All vacations shall be taken as scheduled by the Employer, but employees shall begiven preference on the basis of seniority in the choice of vacation periods. Vacation can betaken during the school year by employees who are scheduled to work all year round with theunderstanding that management will schedule vacation pursuant to business need andseniority, provided that the employee previously worked the prior calendar year at the time therequest is made a minimum of 1500 hours. If vacations are not taken, employees will beentitled to vacation pay in December and/or May prior to layoff. Vacation requests for thesummer months will be submitted in writing one (1) week prior to Commencement and theEmployer will respond by Commencement Day. Such requests will be considered on the basisof seniority prior to requiring employees to work.Section 4 - Regular part-time employees shall be entitled to the above benefit on a pro-ratabasis based on number of hours worked.Section 5 - In those cases where an Employer paid holiday falls during an employee's vacation,the employee shall receive an extra day's pay.ARTICLE 19 - HOLIDAYSSection 1 - The following days shall be recognized as holidays:New Year's DayEaster SundayIndependence Day**Labor Day*Thanksgiving DayUSAW~(SODEXO)Bryant College.docWashington's BirthdayMemorial DayChristmas DayColumbus DayVeterans' Day12***Three (3) Personal Days*Employees who have completed the prior academic year and who work the first scheduled dayafter Labor Day will receive holiday pay for that day. Also, employees who are given two (2)weeks notice that they are scheduled to work prior to or on Labor Day will receive holiday payfor Labor Day provided they work the first scheduled day before and after Labor Day.**All employees who work eight (8) days during the month of July will receive IndependenceDay as a paid holiday.***New employees, hired on or after November 3, 1986 will be eligible for Personal Daysfollowing one (1) year of employment.All eligible employees shall receive the paid "personal" holidays each calendar year. Thesepersonal days may be taken in increments of one-half (1/2) days.only be taken in full day, nothalf day increments Employees shall notify appropriate management at least two (2) weeks inadvance of the date on which they wish to utilize these holidays. If personal days are not usedthey may be added to an employee's vacation pay. All regular full time employees shall be paidat their regular straight time hourly rate for their regularly scheduled daily hours at the time ofthe holiday. Personal days may be used without advance notice in emergencies, defined asdeath, unforeseen accidents or serious emergencies (such as fires).Section 2 - To be eligible for holiday pay on a scheduled holiday not worked, an employee mustwork both the last scheduled shift preceding and the first scheduled shift following the holiday,unless an absence on one of such days is excused by the Employer. Employees who are laidoff for the summer vacation period will not be eligible for holiday pay for any holidays whichoccur during that period. (Memorial Day will be included as a paid holiday, even though theoperation is normally closed or reduced during the summer months.)Section 3 - A holiday occurring on a Sunday will be observed on the following Monday, exceptfor Easter which remains a Sunday Holiday and observed on a Sunday.Section 4 - For all work performed on a listed holiday, an eligible employee shall be paid at oneand one-half (1 1/2 ) times his hourly rate for all hours worked on the holiday in addition to his/herholiday pay. If an employee agrees to work on a holiday and fails to report for work, theemployee shall forfeit his holiday pay for that day.Section 5 - Regular part-time employees shall be entitled to the above benefit on a pro-ratabasis based on number of hours worked.Section 6 - A day of holiday pay will be the average number of hours worked per day (weeklyhours /5) times an employee's regular hourly rate. However, if an employee works on a holidaymore than the average number of hours, the employee will be paid holiday pay based on hoursactually worked.ARTICLE 20 - SICK LEAVESection 1 - Full time employees may accrue up to twelve (12) days sick pay each year. This isaccumulated at the rate of one (1) day's sick leave with pay for each month worked (at least six(6) full days except for the month of August which shall be five (5) full days). New employeeswill accrue sick leave at the rate of one-half ( 1/2 ) day per month during the first two (2) years ofUSAW~(SODEXO)Bryant College.doc13employment. Sick leave may be used by employees to attend to sick family members. Familymembers will be as defined by the family and medical leave act.Section 2 - An employee, in order to be entitled to be paid sick leave, must, wheneverpracticable, give notice no later than thirty (30) sixty (60) minutes before the start of thescheduled shift. During the probationary period, time off for illness will not be paid. However,upon the completion of the probationary period, accrued time will be credited back to theemployee's starting date.Section 3 - Paid sick leave is based on working days only. In cases where the employee hasbeen on sick leave for more than three (3) consecutive days or where there is a reasonablequestion of misuse of sick leave, the Employer may require evidence of illness. Sick time will bepaid automatically unless an employee requests otherwise.Section 4 - Sick leave payments shall be in addition to statutory benefits under State DisabilityInsurance computed at his straight time hourly rate times his/her regularly scheduled hours.Section 5 - Workmen's Compensation Insurance shall be integrated with the employee's pay,i.e. the employee shall receive as pay the difference between such Workman's Compensationpay, if any, and the amount which he/she would have received if he/she had worked, computedat his/her straight time hourly rate for a maximum period of five (5) weeks. Such pay will not bededucted from an employee's sick pay.Section 6 - Employees may accumulate a maximum of one hundred (100) days of accrued sickleave. Any accrued but unused sick leave will be payable to the employee upon retirement, orto the employee's estate upon death, at the rate of one-half ( 1/2 ) times the number of earneddays. Employees may receive one half (1/2) pay for unused days at the end of each academicyear. Employees who have accumulated one hundred (100) days of sick leave will receive fullpay for unused days beyond 100 at the end of each academic year.Effective the 2005-2006 academic year and each academic year thereafter, employees withperfect attendance for the preceding academic year will be entitled to two (2) bonus days to beused during the subsequent academic year.Section 7 - All the provisions of this Article will apply to regular part-time employees on a prorata (percentage) basis.Section 8 - The Employer will provide a sick leave tally once each year in May.ARTICLE 21 - GROUP INSURANCESection 1 - Medical Insurance - The Employer agrees to provide a comprehensive GroupHospitalization/Surgical Insurance Plan for all eligible full time employees which shall be theBlue Cross/Blue Shield Blue Chip and Coast to Coast plans. The plans will also includeprescription drugs and vision benefits. The Employer will also offer the Blue Cross Dental Planas an option. The coverage of these plans will be as outlined in the summary plan descriptions.a. The Employer will pay the premium for eligible employees and employees will make thefollowing contributions on a pre tax basis if the plan qualifies:USAW~(SODEXO)Bryant College.doc14BLUE CHIP 6/1/08Single - 19%Family - 19%COAST TO COASTSingle - 19%Family - 19%DENTAL PLANSingle - $ 7.00 per monthFamily - $23.00 per monthb. All regular full time employees will become eligible for this coverage upon completion oftheir probationary period.c. Benefits provided shall be according to the Employer's master policy currently in effect.d. All participating employees will be provided with a booklet explaining all the basicprovisions of the plan.e. The Employer agrees to pay the premium cost of the employee's group health insurancewhen the employee is on an approved leave of absence due to illness, includingoccupational illness or injury for a maximum period of up to nine (9) months. Theemployee must pay the employee contribution while on leave. The Employer willalso comply with the provisions of the Family and Medical Leave Act.f.The Company will pay $2000 to employees who decide not to participate in theCompany sponsored health insurance plan. The employee must have activelyparticipated in health insurance plan in order to receive this benefit.Section 2 - Life Insurance - The Employer agrees to continue to provide the following lifeinsurance benefits for all eligible, full-time and part-time employees:a. $18,000 Life Insurance (full-time) $9,000 (part-time)b. $18,000 Accidental Death and Dismemberment Policy (full-time) $9,000 (part-time)c. Full time and part-time employees become eligible for this coverage after the completionof one year's service with SODEXO.This coverage is provided at no cost to the employee.Section 3 - Eligible part-time employees will be entitled to the medical, dental, drug and visionbenefits listed above. However, the Employer will contribute fifty percent (50%) of itscontribution for full time employees for these benefits for part-time employees and the employeewill be responsible for the balance of the premium.ARTICLE 22 - RETIREMENT PLANSection 1 - The Employer shall continue to make available its hourly 401K Retirement Plan toeligible employees. The Union will have the right to reopen the contract if the 401K benefitsdecrease, limited to those who are actually impacted by the decrease.USAW~(SODEXO)Bryant College.doc15ARTICLE 23 - FUNERAL LEAVESection 1 - In the event of a death in the immediate family of an employee covered by thisAgreement, the employee shall be entitled to a leave of absence with pay of five (5) workingdays maximum, paid at the employee's regular pay for regularly scheduled work days missedwithin that period. . This leave of absence with pay of five (5) working days is required tostart within five (5) days of the death of an immediate family member, except forextenuating circumstances with reasonable advance notice. For the purpose of thisprovision, "immediate family" shall mean spouse, children, brother, sister, parents, parents-inlaw, brother and sister-in-law grandparents, current stepparents, stepchildren, grandchildrenand domestic partners..ARTICLE 24 - UNIFORMSSection 1 - The Employer will continue uniform provisions on the following basis:a. The Employer agrees to provide uniforms to each employee in the general kitchen,cashier/server and general server classifications and will pay such employee two dollarsand fifty cents ($2.50) per week worked for uniform maintenance. All members will beallowed up to one hundred dollars ($100.00) per year towards the purchase of uniforms.Employees will be reimbursed after they provide proof of appropriate purchase.Employees will receive five (5) shirts, five (5) aprons and 6 (6) jackets, with the option ofcobbler jackets.b. The production employees will continue to be provided with uniforms and laundry servicein keeping with the current practice.ARTICLE 25 - MEALS AND REST PERIODSSection 1 - One (1) unpaid one-half ( 1/2 ) hour meal period is provided all regular employeeswhose shift covers two regular student meal serving periods. Two (2) ten minute (10) minuterefreshment breaks are permitted during each full shift defined as six (6) hours. Employeeswho work at least one (1) hour of overtime beyond eight (8) hours in a day, will be entitled toone (1) additional ten (10) minute paid break. Employees will receive one paid 10-minute breakfor each four hours of scheduled work. Meals and refreshments during scheduled meal periodsand rest breaks are provided to employees at no cost. Meal and refreshment breaks arescheduled by the employee's immediate supervisor.ARTICLE 26 - JURY DUTYSection 1 - Any employee who is absent from scheduled work with the Employer for jury dutyshall receive the difference between what the employees would have earned at his or herregular rate of pay including scheduled overtime had the employee been at work and thepayment received for such jury duty provided (a) the employee furnishes the Employer withevidence of jury pay from the Clerk of the Court wherein he or she served as a juror and (b) theemployee reports for work on a regularly scheduled work day when he or she is excused fromjury duty at such time as will permit the employee to work at least four (4) hours. Jury duty payshall be limited to one call for federal jury duty in any twelve (12) month period, and shall belimited to one call for non-federal jury duty in any twelve (12) month period.ARTICLE 27 - UNPAID LEAVESSection 1 - Regular employees covered by this Agreement shall be eligible for unpaid leave asUSAW~(SODEXO)Bryant College.doc16follows:a. Union Business - At the written request of the Union, the Employer shall grant either anofficer of the Union or a duly elected or appointed representative of the Union, not toexceed one (1) employee at any one time, a leave of absence without pay for a periodnot to exceed one (1) year or the period of elected office, provided that such leave willnot interfere with the food service operations covered by this Agreement. The purposeof this leave is to permit the representative to work for the International, District Counciland/or the Local Union on Union business. During the period of such a leave of absencean employee will not accrue seniority, nor will the Employer have any obligation forcontinuation of benefits as specified elsewhere in this Agreement. Such leaves may beextended upon written request thirty (30) days prior to the termination thereof.b. Other Leaves - Unpaid leaves of absence may be granted at the discretion of theEmployer to all employees for a specific period and for a specified reason such as familyillness, study or travel. All requests for such leave shall be made in writing at least onemonth prior to the desired commencement of the leave, if possible and shall indicate theapproximate date of return. Such leaves may be granted for a period up to six (6)months, and the granting of such leaves will be determined on the basis of the legitimacyof the request and the Employer's operating requirements. The Employer will alsocomply with the provisions of the Family and Medical Leave Acts.c. An employee shall be eligible for disability leave if unable to work due to illness or injury,including pregnancy related disability. Upon request by the Employer, medical evidencemust be submitted that the employee is so disabled.d. An employee shall not be entitled to funeral leave or to accrue vacation time, sick leavetime, or seniority while on an unpaid leave of absence exceeding thirty (30) workingdays, and shall not be covered by the medical and life insurance benefits set forth in thisAgreement. When an employee returns to work following all authorized unpaid leaves ofabsence, that employee shall be reinstated to the employee's former position. Theexception to this section shall be in cases of approved, unpaid disability leave in whichcase the employee will continue to be covered by the medical insurance as set forth inArticle 21, Section 1(e) & (f). The Employer will also comply with the provisions of theFamily and Medical Leave Acts.ARTICLE 28 - GRIEVANCE PROCEDURESection 1 - A grievance is a dispute, claim, complaint, or difference of opinion, involving theinterpretation or application of terms of this Agreement.Section 2 - This Agreement sets forth the basic terms and conditions of employment, and isintended to continue the present and good relations between the Employer, its employees, andtheir Union. In the event of any grievance between the employees and the Employer, therepresentatives of both agree to make prompt and earnest efforts to settle such matter. Exceptas provided hereafter all grievances shall be handled as follows:STEP 1.The Union Steward and employee shall take up the matter with theimmediate supervisor of the employee involved, within five (5) working daysafter the occurrence first giving rise to the grievance. If the matter is notsettled as a result of their discussion, the steward will submit the grievance toUSAW~(SODEXO)Bryant College.doc17the immediate supervisor in writing, explaining as specifically as possible thenature of the complaint and the contract provision affected. The immediatesupervisor shall give a written answer to the written grievance.STEP 2.If the grievance is not adjusted within two (2) working days after the receipt ofthe Employer's response, the grievance shall be taken up at a meetingbetween a representative of the Union and the Director or his/her designatedrepresentative. The meeting will be held within five (5) working days afterhaving been requested.STEP 3.If the matter is not settled within three (3) working days after the second stepmeeting, it shall be taken up by the principal officers of the Employer and theUnion, or their designated representatives. Every effort shall be made toarrange the meeting within five (5) working days, but in any event theEmployer's decision shall be given within ten (10) working days after the thirdstep meeting has been requested.Section 3 - Special Procedure in Discharge Cases - The procedure set forth above will bemodified in discharge cases as follows:a. The Employer agrees that, subject to the right of suspension by the Employer, noemployee covered by this Agreement will be finally discharged without being given ahearing, provided that a request for hearing is presented in writing and signed by theaffected employee within three (3) working days after notice of suspension and/ordischarge. Any such request for hearing shall constitute a grievance entered at Step 2and be handled as hereinafter provided.b. The Step 2 meeting will be held within three (3) working days after having beenrequested.c. The Employer's answer in Step 2 will be given within three (3) working days after theStep 2 meeting.d. The Step 3 meeting will be held within five (5) working days after having been requested.e. The Employer's answer in Step 3 will be given within ten (10) working days after theStep 3 meeting.f.Otherwise the procedure will be as above.If it is ultimately decided that such suspension and/or discharge is unjust the employee may bereinstated, as agreed to by the parties.The Employer agrees to furnish the Union with copies of all written warnings. The Employeralso agrees that employees will not be disciplined in public.Section 4 - Employee's Right to Present Individual Grievance. - The Union and the Employerjointly acknowledge the right of any of the employees involved to present individual grievancesdirectly to the representatives of the Employer and to work out the settlement of such individualgrievance. This right shall not be interpreted to include decisions on wages, hours, and workingconditions which affect the Union group as a whole, or any department as a whole, or which areUSAW~(SODEXO)Bryant College.doc18contrary to the provisions of this Agreement.Section 5 - The grievance procedure and arbitration provided herein shall constitute the soleand exclusive method of determination, decision, adjustment, or settlement between the partiesof any and all grievances and the grievance and arbitration procedure provided herein shallconstitute the sole and exclusive remedy to be utilized.Section 6 - An employee who feels aggrieved by an order to perform a certain task shall notrefuse to perform the task; but shall perform the same and then submit any complaint as agrievance. Otherwise a refusal shall be grounds for discharge and shall be subject to thegrievance or arbitration procedure.Section 7 - Group Grievance - The parties shall, by mutual agreement, allow a designatedspokesperson to file a group grievance pertaining to the interpretation and/or application of thisAgreement when it is deemed impractical to process individual grievances from a large andwell-defined group of employees having an identical complaint; said grievance shall be filed inwriting, list by name the employees involved, and signed by the spokesperson and presented atStep 2 of the procedure.Section 8 - The time limits specified in the Section shall be deemed to be substantive provisionsand failure to observe each and every such time limitation shall be a complete bar to any furtheraction by reason of such grievance, unless extended by written consent signed by the Employerand the Union which consent shall not be unreasonably withheld by either party. The terms"working day" and "working days" wherever used in this Section shall mean and include anycalendar day other than a Saturday, Sunday or holiday.Section 9 - The Employer shall have the right to initiate Step 2 and 3 of the grievance procedurewith respect to any grievance, dispute or difference. Such initiation shall be by letter from theEmployer to the Business Agent of the Union.ARTICLE 29 - ARBITRATIONSection 1 - In the event that a satisfactory settlement of a grievance is not worked out throughthe grievance procedure, the Union may take such grievance to arbitration which shall begoverned by the provisions of this Article. The grievance procedure shall be followed before theUnion may proceed to take a grievance to arbitration. The right to request arbitration shallterminate ten (10) working days following the final grievance meeting or the Employer's writtendecision concerning the grievance, whichever period is longer.Section 2 - To be an issue which is arbitrable hereunder, the grievance must be a dispute,claim, complaint, or difference of opinion, arising under and during the term of this Agreementand it must be a matter of the interpretation or application of some express provision of thisContract. The question of arbitrability shall not be decided by the arbitrator.Section 3 - Any issue which is arbitrable under the terms hereof, which either the Employer orUnion desires to take to arbitration, shall be submitted to arbitration under the Rules of theFederal Mediation and Conciliation Service or the AAA. The parties agree to accept thearbitrator's award as final and binding upon them. All costs of the arbitrator, including the filingfee, shall be shared equally by the Union and the Employer.Section 4 - The following principles shall be observed in all arbitrations arising hereunder:USAW~(SODEXO)Bryant College.doc19a. The parties shall present to the arbitrator a submission agreement which shall stateprecisely the issues to be decided. If the parties cannot agree as to the issue, eachparty shall submit to the arbitrator its separate written statement as to the issue to bedecided.b. The party demanding arbitration shall have the burden of proof and the burden of goingforward with the evidence.c. All witnesses shall be sworn.d. The arbitrator shall hear and decide the issue presented, and shall render a writtenaward for or against the party demanding arbitration and shall state his reasons for suchaward. He shall not mediate the dispute or modify or adjust the action complained of butshall be limited to rendering a decision as aforesaid.e. The arbitrator shall have no power to add to subtract from or modify any of the terms ofthis Agreement; to substitute his discretion for the Employer's discretion in cases wherethe Employer is given discretion by this Agreement.ARTICLE 30 - NOTICE OF INTENTION TO LEAVESection 1 - If and when an employee covered by this Agreement leaves the service of theEmployer, on his or her own initiative, the employee shall give reasonable notice of suchintention to his or her supervisor, the length of such reasonable notice to be determined by theEmployer, provided that it shall not be a period in excess of one (1) week. If such notice is notgiven by the employee, such employee shall not be entitled to receive compensation for anyaccumulated vacation rights to which he or she otherwise would be entitled.ARTICLE 31 - WORK BY SUPERVISORSSection 1 - Supervisors shall not normally perform production work, except for instruction, forinspection of work performed, in cases of temporary staff shortages, or emergencies beyond thecontrol of both parties to this Agreement.USAW~(SODEXO)Bryant College.doc20ARTICLE 32 - TERM OF AGREEMENTSection 1 - This Agreement shall become effective as of November 2, 2009 and shall continuein effect until midnight, November 2, 2012 and thereafter from year to year unless terminatedby notice in writing given by either party to the other not less than sixty (60) calendar days priorto the expiration date, or to the end of any subsequent year of this Agreement.The parties mutually agree to a reopener for health insurance and wages if the followingconditions apply: the health insurance reopener would be either in year three or after if eitherthe health insurance total cost equals or exceeds $20,000 for any plan or if an employee isnegatively affected by the increases in the health insurance.AGREED:SODEXO CAMPUS DINING ATBRYANT UNIVERSITYUSAWRI______________________________Gerry McLaughlinDirector, Labor Relations______________________________Karen McAninchBusiness Agent,______________________________Date______________________________Date______________________________John HicksDistrict Manager______________________________DateUSAW~(SODEXO)Bryant College.doc21APPENDIX "A"CLASSIFICATION AND WAGE SCHEDULE CLASSIFICATION11/02/09Annual IncreaseCOOKS & BAKERS ('08 rate $16.21)RECEIVER ('08 rate $15.00)GENERAL KITCHEN ('08 rate$14.53)CASHIER/SERVER ('08 rate $14.53)CATERING ATTDT ('08 rate $14.26)GENERAL/SERVER ('08 rate $14.01)GENERAL UTILITY ('08 rate $13.82)11/02/10 11/02/11+40?+40?+45?$16.61$15.40$14.93$14.93$14.66$14.41$14.22$17.01$15.80$15.33$15.33$15.06$14.81$14.62$17.46$16.25$15.78$15.78$15.51$15.26$15.07(1)Lead Person - Receives twenty-five cents ($.25) per hour above the highestclassification held when assigned by management to this classification.(2)Hiring Rate - Employees hired on or after November 2, 1995 will be hired at two dollars($2.00) per hour less than the classification rates listed above for their first year ofemployment. After one (1) year of employment the employee will be paid one dollar($1.00) per hour less than the classification rates listed above and after two (2) years ofemployment the employee will be paid the full rate.(3)An employee who slices meat at the deli in Salmanson will be upgraded to generalkitchen during service hours which are currently three (3) hours per day.(4)Monday through Sunday split shift premium - Employees who work a split shift any dayMonday through Sunday will be paid for all hours worked that day as follows:11/02/02$.50 per hour(b) Saturday and Sunday split shift premium - Employees who work split shifts Mondaythrough Friday will be paid $.50 per hour for all hours worked on a split shift onSaturday and Sunday. The Employer will continue to attempt to hire weekendemployees to work all or part of split shifts.(5)Catering - Employees who are not in the catering attendant classification and who areassigned to catering functions for four (4) hours or more will receive an additional $.25per hour for such work. This will not apply to meal exchanges.USAW~(SODEXO)Bryant College.doc22MEMORANDUM AGREEMENTIn the event some sort of "National Health" plan is enacted at the federal level, the Companyagrees to honor a request from the Union to reopen Article 21 - Group Insurance for thepurpose of discussing the impact of said legislation on the current health insurance provided forin Article 21.AGREED:SODEXO CAMPUS DINING ATBRYANT UNIVERSITYUSAWRI______________________________Gerry McLaughlinDirector, Labor Relations______________________________Karen McAninchBusiness Agent,______________________________Date______________________________DateUSAW~(SODEXO)Bryant College.doc23MEMORANDUM AGREEMENTThe parties to this collective bargaining agreement agree to form a labor-managementcommittee to consist of three employee members plus the Food Service Director, and thisCommittee will meet on a weekly basis. The purpose of this committee is to discuss andmonitor matters such as use of student hours, work assignments, operating procedures, andwork improvement suggestions.AGREED:SODEXO CAMPUS DINING ATBRYANT UNIVERSITYUSAWRI______________________________Gerry McLaughlinDirector, Labor Relations______________________________Karen McAninchBusiness Agent,______________________________Date______________________________DateUSAW~(SODEXO)Bryant College.doc24MEMORANDUM AGREEMENT1.Medical Insurance - As agreed during negotiations, the provisions contained in theMedical Insurance article of the agreement are subject to the following understandingsbetween the parties.(a) The Employer agrees that all eligible employees will be given a chance once a yearto change their coverage from one status to the other if their circumstances havechanged so as to warrant such a conversion.AGREED:SODEXO CAMPUS DINING ATBRYANT UNIVERSITYUSAWRI______________________________Gerry McLaughlinDirector, Labor Relations______________________________Karen McAninchBusiness Agent,______________________________Date______________________________DateUSAW~(SODEXO)Bryant College.doc25MEMORANDUM OF AGREEMENTThe Employer will reduce the hours of student employees and under 20 hour employees in thesame classification as a regular employee before reducing the regular employees' hours. It isunderstood that Bryant student hours would be the last non-union hours to be reduced. ThisAgreement will not apply to any new fast food operation with a concept such as Burger King,etc.AGREED:SODEXO CAMPUS DINING ATBRYANT UNIVERSITYUSAWRI______________________________Gerry McLaughlinDirector, Labor Relations______________________________Karen McAninchBusiness Agent,______________________________Date______________________________DateUSAW~(SODEXO)Bryant College.doc26MEMO OF UNDERSTANDINGThe Company agrees to review the work schedule of bargaining unit employees each semesterand attempt to schedule as many employees as it deems appropriate Monday through Fridayfor 30 or more hours per week. The Company will also attempt to minimize split shifts andmaximize three hour minimum shifts. The Company will also consider the scheduling of breaksin this process.The Company will then meet with the Union to discuss its new schedule. The Company willentertain the Union's suggestions regarding the schedule and adopt them if it deems themappropriate.As of 11/01/01 there are no split shifts and regularly scheduled six (6) day workweeks. If theCompany determines a need to return to any split shifts or six (6) day schedules, the Companyand Union Representatives will meet to discuss and minimize the impact on employeesemployed as of 11/01/01.The Company will continue to do its best to provide as close to forty hours as possible perexisting contract language.This Agreement is not subject to the Grievance and Arbitration procedure of the laborAgreement.AGREED:SODEXO CAMPUS DINING ATBRYANT UNIVERSITYUSAWRI______________________________Gerry McLaughlinDirector, Labor Relations______________________________Karen McAninchBusiness Agent,______________________________Date______________________________DateUSAW~(SODEXO)Bryant College.doc27SIDE LETTER OF AGREEMENTThe Company will continue to review ways to consolidate jobs as was done this year with threeemployees affected by the elimination of positions.AGREED:SODEXO CAMPUS DINING ATBRYANT UNIVERSITYUSAWRI______________________________Gerry McLaughlinDirector, Labor Relations______________________________Karen McAninchBusiness Agent,______________________________Date______________________________DateUSAW~(SODEXO)Bryant College.doc28SIDE LETTER OF AGREEMENTOnce an employee reaches part time status the Company will make a good faith effort based onbusiness conditions to consistently maintain twenty (20) hours from one semester to another.AGREED:SODEXO CAMPUS DINING ATBRYANT UNIVERSITYUSAWRI______________________________Gerry McLaughlinDirector, Labor Relations______________________________Karen McAninchBusiness Agent,______________________________Date______________________________DateUSAW~(SODEXO)Bryant College.doc29SIDE LETTER OF AGREEMENTThe Company agrees to discuss with the Union should Bryant University install a non-Sodexooperated Retail operation (e.g. Dunkin Donuts) and impact Sodexo employees.AGREED:SODEXO CAMPUS DINING ATBRYANT UNIVERSITYUSAWRI______________________________Gerry McLaughlinDirector, Labor Relations______________________________Karen McAninchBusiness Agent,______________________________Date______________________________DateUSAW~(SODEXO)Bryant College.doc30SIDE LETTER OF AGREEMENT -REST PERIODSThe parties to this collective bargaining agreement Sodexo ("the Company") and the UnitedService and Allied Workers of Rhode Island ("the Union") agree to the following:The Company agrees to grandfather all existing bargaining unit employees and non bargainingunit employees on roll effective with the date of ratification of this agreement in 2010 for currentRest Period practices.AGREED:SODEXO CAMPUS DINING ATBRYANT UNIVERSITYUSAWRI______________________________Gerry McLaughlinDirector, Labor Relations______________________________Karen McAninchBusiness Agent,______________________________Date______________________________DateUSAW~(SODEXO)Bryant College.doc31AGREEMENTBY AND BETWEENSODEXO CAMPUS SERVICESATDILLARD UNIVERSITY2601 GENTILLY BLVDNEW ORLEANS, LA 70122ANDSEIU LOCAL 21LAEFFECTIVE DATES:FROM: APRIL 1, 2012TO: MARCH 31, 2015TABLE OF CONTENTSPREAMBLE ..5ARTICLE 1 RECOGNITION ..5ARTICLE 2 DEFINITIONS ..5ARTICLE 3 RESPECT AND DIGNITY ..5ARTICLE 4 NON-DISCRIMINATION ..6ARTICLE 5 RIGHTS ..6ARTICLE 6 UNION MEMBERSHIP .. 7ARTICLE DEDUCTION OF UNION DUES ..7ARTICLE 8 BARGAINING UNIT WORK ..8ARTICLE 9 LABOR-MANAGEMENT COMMITTEE .. 3ARTICLE 10 SAFETY ..9ARTICLE 11 VISITATION ..9ARTICLE 12 UNION STEWARDS .. 10ARTICLE 13 - SENIORITY .. 10ARTICLE 14 - PROBATION .. 11ARTICLE 15 JOB POSTING .. 12ARTICLE 16 LAYOFF AND RECALL .. 13ARTICLE 17 - LEAVES OF ABSENCE .. 13ARTICLE 18 - IMMIGRATION RIGHTS ..14ARTICLE 19 - DISCIPLINE 8: DISCHARGEIJUST CAUSE .. 152Dillard Unuversaty exp. 3-31-15.docxARTICLE 20 GRIEVANCE PROCEDURE .. I6ARTICLE 21 HOURS OF WORK AND OVERTIME ..18ARTICLE 22 WAGES .. 19ARTICLE 23 REPORTING PAY ..20ARTICLE 24 CALL-IN EMERGENCY ..20ARTICLE 25 HOLIDAYS ..20ARTICLE 26 VACATIONS ..21ARTICLE 27 SICK LEAVE ..21ARTICLE 28 PENSION ..22ARTICLE 29 - INSURANCE ..22ARTICLE 30 ALLOWANCE 8: PARKING ..24ARTICLE 31 BEREAVEMENT LEAVE ..24ARTICLE 32 -- JURY DUTY ..25ARTICLE 33 BULLETIN BOARDS AND BUTTONS ..25ARTICLE 34 UNIFORMS ..25ARTICLE 35 NO STRIKEINO LOCKOUT ..25ARTICLE 36 SUCCESSORS ..26ARTICLE 37 - SAVINGS CLAUSE ..26ARTICLE 38 TOTAL AGREEMENT ..26ARTICLE 39 DURATION OF AGREEMENT ..26APPENDIX (WAGES) ..28Dillard University exp. 3-31-15.docx 3APPENDIX (UNIFORMS) ..29APPENDIX STEWARDS) .. 30APPENDIX (ETHNIC DIVERSITY AND CULTURAL ISSUES) ..31APPENDIX (LOUISIANA POLITICAL ACTION COMMITTEE FORM) ..32APPENDIX (GRIEVANCE MEDIATION) ..33APPENDIX (HOLIDAYS) .. 34MEMORANDUM OF UNDERSTANDING REGARDING NOTIFICATION OF VACANTPOSITIONS AT DILLARD UNIVERSITY ..35MEMORANDUM OF UNDERSTANDING REGARDING POSTING OF EMPLOYEESCHEDULES ..36MEMORANDUM OF UNDERSTANDING REGARDING SHIFT PREMIUM FOR SPLIT SHIFT.. 37Dillard University exp. 3-31-15.docx I 1PREAMBLESection 1. This AGREEMENT made and entered into, by and between Sodexo CampusServices. Dillard University, 2601 Gentilly Blvd, New Orleans LA (?'Employer'? or "Company'),and SEIU Local 21LA ("Union"), is for the purpose of providing a clear and concise document byNhlCI"l the parties can equitably establish a relationship within the meaning of the National LaborRelations Act.Section 2. The Employer and the Union share a common goal of fostering an amicable andcollaborative relationship that will directly facilitate the delivery of efficient, high quality servicesto the Employer's clients and customers at competitive costs by employees who enjoyreasonable wages, benefits, and working conditions. Accordingly, the Employer and the Unionrecognize that it is the best interest of both parties and the employees that mutual responsibilityand respect characterize all dealings between them. The Employer and the Unionrepresentatives at all levels will apply the terms of this Agreement fairly in accordance with itsintent and meaning and consistent with the Union status as exclusive bargainingrepresentative of all employees, as defined in Article 1 and the Employer?s right to manage thebusiness profitably.ARTICLE 1 RECOGNITIONThe Employer recognizes the Union as the sole and exclusive bargaining representative withrespect to salaries, hours of employment and other conditions of employment for all full-timeand regular part-time Food Services employees at Sodexo Campus Services, Dillard University,2601 Gentilly Blvd, New Orleans LA in the classifications identified in Appendix A. Excludedfrom the bargaining unit shall be employees in classifications not identified in Appendix A,managers, confidential and clerical employees, professional employees, active students of theClient or any students employed in connection with a vocational education or work studyprogram, casuallsubstitute employees, temporary employees, supervisors, and guards asdefined in the National Labor Relations Act.ARTICLE 2 - DEFINITIONSSection 1. Full-Time Employee: A ?full-time employee" is one who regularly works thirty(30) or more hours per week.Section 2. Part-Time Employee: A ?part-time employee" is one who regularly works fewerthan thirty (30) hours per week.Section 3. Casual Employee: A ?casual employee" is one who is scheduled to work on anas needed, non-regular basis.Section 4. Working DaylDays: When used to define time limits for notices, meetings,postings, and the Grievance and Arbitration process, ?working day? means Monday throughFriday, exclusive of ?xed holidays under this Agreement and days on which the unit is closed.ARTICLE 3 RESPECT AND DIGNITYThe Employer and Union agree that each employee and supervisory representative of theEmployer shall be treated with dignity and respect. Verbal abuse, threats, or harassment,including sexual harassment, by employees, managers or supervisors towards each other willnot be tolerated. Discipline shall be handled in a professional manner.Dillard University exp. 3-31-15.docxARTICLE 4 NON-DISCRIMINATIONSection 1. The Employer and the Union agree that neither of them will discriminate againstor harass any of the Employer 5 employees because of the employee 5 race, color, religion. sex,sexual orientation. age, national origin, disability, veteran status or any other personalcharacteristic that is protected by applicable law. The Employer and the Union also agree thatneither of them will retaliate against any of the Employers employees who complain ofdiscrimination or harassment or who participate in an investigation regarding discrimination orharassment.The Employer and the Union agree that each bargaining unit member is also obligated not todiscriminate, harass, or retaliate based on any of the protected characteristics described aboveagainst any other employee or anyone with whom the employee has contact on the Employer and/or client?s premises during the course of the employee?s workday.Section 2. Gender. The use of pronouns ?he" or "she" and the suffixes "men? or "women?shall not be interpreted to refer to members of only one sex, but shall apply to members ofeither sex.Section 3. Americans with Disabilities Act. This Agreement shall be interpreted to permitthe reasonable accommodation of disabled persons as required by state and/or federal law,including the Americans with Disabilities Act (ADA). In the event such conflictingaccommodation is permitted only if required to comply with said laws, the parties, at either'srequest, shall meet to discuss the proposed accommodation. The parties agree that anyaccommodation made by the Employer with the respect to job duties or any other term orcondition of employment shall not in any way become applicable to any other individual, class orgroup of employees, but shall apply only to the person or persons accommodated in theparticular situation. The fact that such person or persons was accommodated, and the mannerand method of such accommodation, shall be without precedent and, therefore, may not beused or relied upon by any person for any purpose at any time in the future.Section 4. Ethnic Diversity and Cultural issues. The parties recognize the importance ofcreating an inclusive workplace where employees of diverse backgrounds can work andcommunicate effectively and have agreed to measures as set forth in Appendix D.ARTICLE 5 - RIGHTSSection 1. The Union recognizes the right of the Employer to operate and manage itsbusiness. All rights, functions, prerogatives, and discretions of the management of theEmployer, formerly exercised, potentially exercised or othenivise, are vested exclusively with theEmployer, except only to the extent that such rights are speci?cally and explicitly modified bythe express provisions of this Agreement.Section 2. Except as modified by this Agreement, the Employer's right to manage itsbusiness shall include, but not be limited to, the right to hire, promote, demote, transfer, assign,and direct its workforce; to discipline, suspend, or discharge; to retire or relieve employees fromduty because of lack of work or other legitimate reasons; to detemiine and require standards ofperformance and to maintain discipline, order and efficiency; to determine operating standards,operational and other policies; to determine methods and procedures; to detemiine the quantityand type of equipment to be used; to increase or decrease the work force; to determine thenumber of departments and employees therein, and the work performed by them; to determineprocesses to be employed in the work place; to determine the number of hours per day or weekDillard University exp. 3individuals work and operations that shall be carried on: to establish and change workschedules. hours and assignments; to subcontract as long as it does not result in the layoff ordisplacement of employees, except in cases of significant mechanical breakdown, fire. or flood;to discontinue or relocate any portion or all of the operations now or in the future that are carriedon at the facility covered by this Agreement; to schedule hours of work. including overtime; toadd shifts or terminate existing shifts in accordance ?With customer need; to determine JODcontent and classifications required; and to make and enforce all rules relating to work.operations, and safety.ARTICLE 6 - UNION MEMBERSHIPSection 1. Good standing membership in the Union shall be a condition of employment withthe Employer for all bargaining unit employees who have such membership on the date ofexecution of this Agreement: it shall also be a condition of employment with the Employer for allother bargaining unit employees on and after the thirtieth day following the execution oreffective date of this Agreement, or on or after the thirtieth (30th) day following the beginning oftheir employment, whichever is the later. If the foregoing is prohibited by law, then at thecorresponding time all employees shall be required as a condition of employment (unlessprohibited by law) to pay to the Union a service charge to reimburse it for the cost of negotiatingand administering this agreement.Section 2. Good standing membership in the Union for purposes of this Article means suchmembership in the Union through membership in SEIU.Section 3. In the event that Section 1 may not be lawfully applied, all employees shall beinformed by the Employer of the existence of this Agreement. The parties agree that thefollowing Joint Statement shall be read or provided to employees at new employee orientationand posted in the workplace: ?All employees of Sodexo at Dillard University are covered undera collective bargaining agreement between Sodexo and SEIU. Sodexo is neutral on the subjectof employees? decision to join or not join the Union. No employee shall be discriminated againstfor either joining or not joining the Union. More information and a copy of the Union Contractcan be obtained by calling the Union of?ce?.Section 4. To simplify the Employer's and the Union's administration of this Section, theEmployer shall upon the hiring of new employees provide each employee an application forunion membership and dues check-off authorization form. The Employer shall remit thecompleted forms to the union All new employees shall be entitled to receive an unpaidfifteen (15)-minute orientation provided by the Union.ARTICLE 7- DEDUCTION OF UNION DUESSection 1. The Employer agrees to deduct weekly, if the Employer's payroll system permits,from the wages of each employee who so authorizes such deduction, the amount of regularinitiation fees and Union dues as certi?ed to the Employer by the Secretary/Treasurerof the Union.Section 2. The Employer shall remit each month to the Union, the amount of deductionsmade for that particular month including initiation fees, reinstatement fees, membership dues,and arrears, together with a list of employees with their social security numbers, hourly rate ofpay, and arrearages per week/month, for whom such deductions have been made. The list willindicate all official personnel actions that result in a change in status of bargaining unitmembers, including new hires, terminations, leaves of absence, and layoffs. The remittanceDillard University exp. 3-31 -15.docx shall be forwarded not later than the twenty-fifth of the month following the month in whichieductions are made. The Parties agree that they shall continue to meet and confer regarding?he implementation of methods and processes that will improve the efficiency of compiling andtransmitting information relevant to such deductions.Section 3. The Employer's obligation is limited solely to making the authorized deductionand such obligation shall cease at the time the employee IS terminated or laid off for lack ofivork, including summer layoffs.Section 4. The Union shall hold harmless the Employer from any and all claims that mayarise out of the Employer's compliance with this Article.Section 5. The Employer shall deduct or weekly a flat dollar amount. if theEmployers payroll system permits, from the gross wages or salary of each employee whovoluntarily executes the political action committee (PAC) payroll deduction authorization formthat is Appendix to this Agreement the contributions so authorized on that form, and remitthose contributions to the Union at the same time that the Employer remits to the Union theUnion clues that are separately voluntarily authorized by employees to be deducted from theirgross wages or salaries and remitted to the Union pursuant to Article 7, Section 2 of thisAgreement. The Employer may remit PAC contributions and Union dues to the Union by asingle check, or by separate checks. With each PAC contribution remittance, the Employershall provide the Union with a written itemization setting forth as to each contributing employeehis or her name, Social Security number and total contribution amount. The partiesacknowledge that the Employer's costs of administration of this PAC payroll deduction havebeen taken into account by the parties in their negotiation of this Agreement and have beenincorporated in the wage, salary, and benefits provisions of this Agreement. The Employer'sresponsibility under this Section is limited solely to disbursing the funds to the Union as provided.n this Section. The Union shall assume all responsibility for distribution of the PAC contributionremittance to the PAC's specified on the form that is Appendix E.ARTICLE 8 - BARGAINING UNIT WORKSection 1. Supervisors will not perform bargaining unit work except as traditionally has beenperformed or when there are no unit employees to perform the work needed, or when such isnecessary for legitimate and immediate needs or for the instruction of personnel. In no caseshall supervisors or non-bargaining unit workers be utilized to erode the bargaining unit.Section 2. The Employer will make efforts to limit the hiring of temporary agencyemployees; however there may be circumstances when the use of temporary agencyemployees is necessary. The use of temporary agency employees shall not permanentlydisplace regular bargaining unit employees nor deprive bargaining unit employees ofopportunities for overtime.ARTICLE 9 LABOR-MANAGEMENT COMMITTEEThe Employer and Union agree that there shall be a Labor-Management Committee consistingof no more than three (3) individuals from each party, depending on unit size. Committeemembers shall be designated, in writing, by each party to the other. Meetings will be held atmutually agreeable times and places so as to apprise the other of problems, concerns, andsuggestions related to the operations and the work force, all with the aim of promoting betterunderstanding between the parties. Meetings will be held within ?fteen (15) days after eitherparty so requests, but not more than one time each month during the academic year. A writtenDillard University exp. 3-31-15.docx 5agenda shall be established for each meeting. Such meetings shall not be construed asopening the Agreement for negotiations. nor shall any suoiect matter at the meetings constitutea step in the grievance procedure. Employees shall be paid at their regular hourly rate for timespent at Labor?Management Committee meetings.ARTICLE 10 SAFETYSection 1. The Employer IS responsible for maintaining a safe working environment andshall supply all safety devices and equipment required by law.Section 2. A Joint Safety and Health Committee (?Committee?) will be established. Thecommittee will be composed of up to three (3) members of the bargaining unit selected by theUnion and up to three (3) members of management selected by the Employer, the actual size ofivhich shall be mutually agreed upon based upon considerations of the size and complexity ofthe unit. The Committee shall be organized to provide assistance in identifying and eliminatingpotential safety hazards throughout the facility. The Employer will coordinate the meetings ofthe Committee. This Committee will meet during the academic year. The Employer willconsider all of the recommendations from the Committee in good faith. Employees shall be paidat their regular hourly rate for time spent at health and safety committee meetings.Section 3: Protective Equipment. The Employer shall make available appropriate personalprotective equipment at no cost to the employee. If an employee destroys or damages theprotective equipment provided to the employee, or loses the equipment where a secure spacefor storage has been provided, the employee will be responsible for the cost of replacement.Employees shall not be responsible for the cost of replacement for protective equipment that isreplaced as a result of normal wear and tear, regularly scheduled replacement, or replacementresulting from circumstances beyond the employees control.Section 4. The Employer agrees to take additional safety measures as set forth in AppendixF.ARTICLE 11 VISITATIONSection 1. This Article provides a Union visitation process that will ensure the properbalance between operations and the accredited representative visitation to the Employer'spublic and private business areas for the purposes of conferring with the Employer and theUnion Steward and monitoring the administration of this Agreement. Management can withholdaccess to the premises for legitimate reasons. However, access will not be unreasonablywithheld.Section 2. An authorized representative of the Union will make reasonable attempts to notifythe General Manager or authorized designee in advance of arriving on the Employer's or client'spremises of their desire to visit. The General Manager or authorized designee will inform theUnion accredited representative as soon as practicable after receiving notice of the visit if thereare any business reasons for limiting the Union's visitation with employees or visiting thepremises. Upon arrival on the Employer's or client?s premises, the Union accreditedrepresentative will notify the General Manager or authorized designee, in person, of his/herpresence prior to speaking to any employee. Such visitation shall not interfere with the work ofthe employees or the service to the customers of the Employer and will follow the client?ssecurity regulations.Dillard University exp. ARTICLE 12 UNION STEWARDSSection 1. The number of Union Stewards is set forth in Appendix C. The Union shalladvise the Employer in writing of the names of Union Stewards. One (1) Union Steward shallparticipate in each grievance procedure. unless the steward is a Grievant, in which case theyshall also be entitled to representation. Union Stewards. unless the Steward is the grievant,shall be recognized by the Employer as representatives of the employees for the purposes ofenforcing this Agreement, and shall generally act as representatives of the Union on the job.Section 2. A Steward may request to be released from his/her regular duties to investigategrievances on Employer time. Requests to conduct such investigations shall not beunreasonably withheld. The Steward shall contact his/her supervisor in advance to determine atime when such investigation will not interfere with the Steward's work and the work of theperson with whom the Steward wants to meet.Section 3. No Steward shall have any authority to order or cause any strike, slowdown. or.essation of work. and the Steward shall not interfere with the Manager in the Managersrunning of the Unit.Section 4. The Chief Steward will be considered the most senior employee for the purposeof layoff and recall only.Section 5. If the overall number of bargaining unit employees?either in the total unit, on aspecific shift. or in a specific work area?changes significantly, the Parties will meet to discussthe number of Stewards.Section 6. Upon the Unions request and subject to the Employer's business requirements,union members serving as stewards or alternate stewards under this contract shall be grantedspecial training leaves to attend group trainings provided by the union. The size of the groupattending such training will be subject to business needs of the Employer but shall not be lessthan half the number of stewards provided for in this contract, and the time period for suchgroup training leave shall not exceed two (2) days in any month or four (4) days in any year.Such leaves will be unpaid and will not adversely affect an employee?s seniority or benefits.The Union will work with the Employer to schedule such training in a manner that minimizes thempact of the attendees? absence on the Employer's business, and will provide the Employerwith as much notice as is practicable, which in any event shall not be less than five (5) workingdays.ARTICLE 13 - SENIORITYSection 1. ?Employer Seniority? shall be defined as the employee's length of continuousservice with the Employer as measured from the employee's record date of hire by theEmployer in the operation covered by this agreement. ?Employer Seniority" for any employeewho transfers into the unit after the effective date of this Agreement shall be defined as theemployee?s length of continuous service as measured from the employees most recent date ofhire by the Employer, provided that such date of hire shall not pre-date any break in serviceoccurring before the transfer. ?Classi?cation Seniority? shall be de?ned as the employee?slength of continuous service within his/her classi?cation as measured from the date theemployee first entered the classification at this unit.Employer Seniority will be used for determining vacation eligibility. Classi?cation Seniority willbe used for purposes of layoff, recall, vacation scheduling, shift preference, overtime, and jobDillard University exp. 3-31-15.docx bidding, except to the extent specifically provided in the following Articles: JobPosting (Article 15), Lay Off and Recall (Article 16), Hours of Work and Overtime (Article 21),and Vacation (Article 26).in the event two (2) or more employees are hired on the same day their seniority shall bedecided by a mutually agreed lottery of those employees.Section 2. The Employer shall furnish to the Union. upon its request. a copy of an up-to-date seniority list at the start of every contract year which shall include the name and address ofeach employee along with their most recent job title, noting any who have quit and any who areon leave of absence.Section 3. Continuous employment shall be broken for any of the following reason. if suchcontinuous service is broken. the employee shall be considered a new employee for allpurposes, if and when rehired:a. Resignation or other voluntary termination of employment.b. Discharge for iust cause.c. Absence of three consecutive days without notice to the Employer.d. Failure to return to work within ten (10) working days after the Employer gives theemployee written notice to return to work, and failure to notify the Employer of theirintentions to return to work within five working days after such notice is given. Suchnotice shall be deemed to have been suf?ciently given if sent to the employee by areliable, documented, means to the last address furnished by the employee tomanagement.e. Layoff without recall after a period of one (1) year from the date of layoff, or for a periodequal to the employee's length of service, whichever is shorter.f. Working during a leave of absence. except for work in conjunction with a leave for Unionbusiness.g. Any absence beyond an authorized leave of absence.ARTICLE 14 - PROBATIONNewly hired employees shall be deemed to be probationary during their first thirty (30) calendardays. The Employer may extend the probationary period for an additional thirty (30) calendardays. Days lost from work during the thirty (30) or sixty (60) calendar day probation period shallnot be considered in computing the thirty (30) or sixty (60) day calendar period and shall notbreak the continuous employment. Notice of probation period extension shall be sent to theUnion within ?ve (5) working days of starting the extension period. During the probation period,an employee may be terminated in the sole discretion of the Employer without recourse to thisAgreement. Unless othenivise provided in this Agreement, a probationary employee is noteligible for any benefits set forth in this Agreement.I Dillard University exp. 3-31-15.docx 1 1ARTICLE 15 JOB POSTINGSection 1. Any new position or vacancy as determined by management shall be posted on abulletin board that the employees read from. for not less than five (5) consecutive working days.Persons shall apply for the posted vacancies by sending a written request to the Unit Manager.All employees who are on layoff when an opening occurs shall be notified of the opening by mailat the last known address on file with the Employer. Requests for consideration from qualifiedemployees on layoff must be received in writing within seven (7) calendar days of the mailing ofthe posting to the employee's home. The Employer will make every effort to conduct interviewsten (10) working days of the closing of the posting.Section 2. The posting shall contain the minimum qualifications. skill requirements. work/ear, workweek. wages, and job description for the posted position. Copies of all postings shallbe given to the Chief Steward on site or faxed to the Union office. Copies of completed postingsshall be given to the Chief Steward or faxed to the Union office within ten (10) working days ofthe bid award.Section 3. All such vacancies shall, as determined by management, be filled by awardingthe position to the most senior qualified employee who bids for that position and has not beenawarded a position within the last six (6) months. Employees will be transferred or promoted inaccordance with their seniority, provided they have the necessary ability and experience andcan meet the job description requirements. For purposes of this section, "seniority" shall meanEmployer Seniority accrued at this unit. Openings to which internal employees are to be transferred or promoted will be filled in amaximum of two (2) weeks. if possible. Vacancies resulting from the initial job posting shall befilled as provided in this Article up to a maximum of three (3) postings.Nothing contained in this Article shall prevent the Employer from temporarily filling a jobvacancy for up to ten (10) working days.Section 4. If there are no qualified bidders in accordance with the preceding Sections. theEmployer shall open the bidding to employees who have been awarded a position within the lastsix (6) months, provided they are qualified as stated in Section 3. If there are still no qualifiedbidders, the Employer shall have the right to go to the outside to fill the position.Section 5. Any employee ?lling a job classi?cation covered by this Agreement from a lower-paid classi?cation shall be on a trial period for the first thirty (30) calendar days of employmentin the new classification. If at any time during such trial period the Employer determines that theemployee cannot meet the job requirements, the Employer may return the employee to thatemployee's former position. The employee so returned shall not suffer any loss of seniority.The decision to return the employee to their former position shall not be subject to anyprogressive discipline procedure.Section 6. There shall be no restrictions on temporary or lateral transfers or transfers into alower paying classi?cation, as long as the Employer maintains the employee's current rate ofpay. Whenever an employee is transferred to a lower paying job for their convenience (forexample in lieu of layoff, bid on a lower paying job, etc.), the employee shall be paid the rate ofthe job immediately.Dillard University exp. 3-31-15.docx 2ARTICLE 16 - LAYOFF AND RECALLSection 1. In the event the Employer finds it necessary to lay off employees due to lack ofivork. such layoffs shall be on the basis of the employee's Classification Seniority with theEmployer. The employee with the least seniority in the classification affected shall be the first tobe laid off.Section 2. Employees shall be given fourteen (14) calendar days? notice. if possible, incases of layoff.Section 3. Laid off employees shall be given preference in reemployment if qualified. In theevent of recall, employees shall be recalled in the reverse order of the layoff.Section 4. The affected employee(s) may exercise one of the following options:a. The employee may bump the least senior employee in the same or lower pay gradewithin their respective classification, or the employee may bump the least senioremployee in his or her former classification if his or her seniority in the formerclassification exceeds that of the least senior employee in that classification.b. The affected employee(s) may opt to fill a vacancy in their own or lower pay grade in anyclassification if. in the Employer's opinion, they are qualified and have the ability toperform within that classification.c. Employee(s) who have been laid off or displaced shall have the right of recall to anyformer job classification or any other job classification for which they are minimallyqualified in their own or lower pay rate.d. When work becomes available in that employee's classification from which they werelaid off or displaced, they will be recalled in reverse order of their layoff or displacement.e. For the purposes ?of recall notification the Employer shall notify the employee by areliable. documented, means at the last known address supplied by the employee.Employees must notify the Employer within five (5) working days of the date themessage was received of their intent to report to work after notification. Employees shallreport to work within three (3) working days after indicating their willingness to bereinstated.ARTICLE 17 LEAVES OF ABSENCESection 1. Upon written notice to the Employer, an employee with at least one academicyear of service may apply for a personal leave of absence of up to thirty (30) calendar days. Anemployee must submit a written request at least thirty (30) calendar days in advance; however,the Employer will consider exceptions for unforeseen circumstances. The application shallspecify the reason and the requested length of time for leave. The leave may be extended forthirty (30) calendar days by mutual agreement of the parties in writing in advance of theconclusion of the original leave and will not be unreasonably denied. The employee shall give aminimum of fourteen (14) calendar days? notice of such request. All leave requests shall beapproved in the sole discretion of the Employer and must include a return to work date.Section 2. In the event an employee is hired or appointed to short-term employment with theUnion, the employee shall be allowed to take leave, subject to the Employer's legitimateDillard University exp. 3-31-15.docx *3business needs. The Employee shall give a minimum of fourteen (14) calendar days" notice ofsuch request. Such leave shall not exceed sixty (60) calendar days. No more than two (2)employees from the bargaining unit may be awarded such leave at a time. The Employer shallcontinue to pay for the employee benefits during such leave provided that the Union and/or theemployee reimburses the Employer in full for such benefits beginning on the first day of themonth following the commencement of such leave. During such leave. the Employer willcontinue the seniority of the employee on leave and the accrual of benefits based on seniority.Section 3. An employee who enters the armed forces of the United States, or is called toactive duty or military training, will be granted an unpaid leave of absence according toapplicable laws.Section 4. The Employer shall administer all leaves in accordance with the Family andMedical Leave Act (FMLA) and applicable state law regarding leaves.Section 5. An employee returning from leave. or a personal leave of thirty (30)Jays or less, shall be entitled to reinstatement to his/her position, hours, and work unit unlessthe position has been eliminated or modified as a result of layoffs or other legitimate businessneeds. In such event, the employee may use their seniority as provided for in the Layoff andRecall Article (Article 16). Vacancies created by such leaves shall not be subject to the JobPosting requirements and may be filled temporarily at the Employer's discretion.Section 6. The Employer may, in accordance with the Job Posting requirements, fillvacancies created by personal leaves of more than thirty (30) days. Employees returning frompersonal leaves of more than thirty (30) days shall be entitled to fill an existing vacancy'that isconsistent with their seniority and qualifications.Section 7. Holidays, vacations, sick days, and other benefit entitlements shall not continueto accrue during any leave of absence, except as required by applicable law and Section 2.ARTICLE 18 IMMIGRATION RIGHTSSection 1. The Employer agrees to work with all legal immigrants to provide the opportunityto gain extensions, continuations or other status required by the Immigration and NaturalizationService without having to take leave of absence. If a leave of absence is necessary, theEmployer agrees to give permission for the employee to leave for a period of up to sixty (60)calendar days and return the employee to work with no loss of seniority. All of the above shallbe in compliance with existing laws. Benefits shall not continue to accrue under this or anyleave except as required by law.Section 2.a. No employee covered by this agreement shall suffer any loss of seniority,compensation, or benefits due to any changes in the employee's name or socialsecurity number, provided that the social security number is valid and theemployee is authorized to work in the United States.b. In the event that an employee has a problem with his or her right to work in theUnited States after completing his or her probationary period, the Employer shallnotify the Union in writing prior to taking any action, and upon the Union'srequest, received by the Employer within forty-eight (48) hours of the Employer'sDillard University exp. 3-31-15.docx '4notice to the Union. the Employer agrees to meet with the Union to discuss thenature of the problem to see if a resolution can be reached.c. A "no match" letter from the Social Security Administration (SSA) shall not initself constitute a basis for taking any adverse employment action against anemployee or requiring an employee to re-verify work authorization. Upon receiptof such a letter, the Employer shall provide the employee and the Union with acopy of the letter (provided that the letter contains no social security or otherconfidential information about other employees. and if so, such information shallbe redacted) and inform the employee that he/she should contact SSA. It isexpected that the employee will have at least sixty (60) calendar days to correctthe problem. If the problem is not corrected within sixty (60) calendar days, theemployer shall send a notice to the Union and the employee notifying them thatthe problem remains unresolved. If the problem has not been resolved withinthirty (30) calendar days of this notice. the Employer will meet with the Union andthe employee concerning next steps.d. in the event that an employee is not authorized to work in the United Statesfollowing his or her probationary period and his or her employment is terminatedfor this reason, and the employee subsequently corrects the problem within thirty(30) calendar days, the employee shall be rehired into the next available positionwith seniority reinstated. at a rate including any raises he/she would havereceived in the interim. if such employee corrects the problem within one year.the employee will receive preference for reemployment. The parties agree thatthis provision does not apply to circumstances wherein the employee hasfalsified Company documents.Section 3. In the event that the Employer is served with a validly executed INS Search orArrest warrant, the Employer shall. to the extent legally possible, arrange for a questioning ofemployees to occur in as private a setting as possible in the workplace.Section 4. Should an INS agent demand entry into the Employer?s premises or theopportunity to interrogate, search, or seize the person or property of any employees, then theEmployer shall comply with the INS demand and immediately notify the Union Steward.Section 5. In no event shall any portion of this Article be interpreted or applied to require theEmployer to take any action in violation of the IRCA or any other applicable laws.ARTICLE 19 - DISCIPLINE DISCHARGEIJUST CAUSESection 1. The Employer agrees that discipline shall be for just cause only. An employeemay ?le a grievance concerning disciplinary action against him/her.The Employer will take any discipline action after learning of the circumstances onwhich the discipline is based. In general. the Employer will endeavor to take any suchdisciplinary action within seven business days after learning of the circumstances on which thediscipline is based. unless there exists a justifiable business reason for a reasonable extensionof this period. The Employer will give its reasons for such discipline andlor discharge to theemployee and the Union?s Grievance Representative or designee within seven (7) calendardays of such disciplinary action.LIIDillard University exp. 3-31-l5.docxSection 2. The parties recognize the principles and need for a method by which progressivediscipline shall be provided. The Employer will administer progressive discipline as follows:a) First written warning.b) Second written warning.c) A final warning and disciplinary suspension of up to five (5) scheduled work days.d) Suspension pending investigation and decision to discharge.Section 3. The progressive disciplinary steps described in Section 2 will not be applied. andemployees will be subiect to suspension or summary discharge in cases of serious misconduct,such as gross insubordination: fraud, theft, or misappropriation of Company or client funds orproperty; punching in or out for another employee or any other falsification of records:/andalism; use. possession. sale. distribution. or being under the influence while at work ofalcoholic beverages or illegal drugs or other controlled substances; possession of firearms orillegal weapons at the work place or while on duty; engaging in, abetting, or threateningviolence. physical harm, or abuse of fellow employees, management, or customers; or otherconduct of a similar nature, seriousness, or culpability.Section 4. In any disciplinary proceeding, the Employer may not consider and/or utilize anymaterial adverse to the employee that occurred more than twelve (12) months prior to thecurrent disciplinary action. provided no other disciplinary action has been taken against theindividual within those twelve (12) months.Section 5. An employee shall be permitted to have a Shop Steward or UnionRepresentative at any meeting with the Employer, or its agents, which meeting is for thepurpose of investigating alleged misconduct by the employee that might be the basis for. orwhich may result in, discharge, suspension or other disciplinary action with respect to theemployee. If the employee indicates that he/she wishes a steward to be present, and one is notavailable, the disciplinary meeting shall be temporarily postponed unless it is suspension orsuspension with intent to discharge. In such cases, another bargaining unit person of theemployee?s choosing shall be asked to sit in as a witness. If it is not a suspension orsuspension with intent to discharge, the discipline shall be delayed until the employee?s nextshift. -Section 6. Absence and tardiness issues shall be considered together on a separate trackfrom other disciplinary issues.ARTICLE 20 - GRIEVANCE PROCEDURESection 1. A grievance shall be defined as any dispute arising out of the expressed terms orconditions contained within this Agreement.Section 2. All grievances shall be processed in the following manner:Step 1: The parties share a common goal of attempting to resolve most mattersinformally without resort to the grievance process. Toward this end, the parties will attempt toaddress issues as they arise. Any grievance shall be submitted in writing to GeneralManager within seven (7) working days of its occurrence or of the date when the employee orDillard University exp. 3-31-15.docx *he Union first became aware of the circumstances giving rise to the alleged grievance. TheUnit Manager shall provide a documented response within five (5) working days after receipt ofthe grievance.Step 2: If not resolved satisfactorily at Step 1, a grievance shall be submitted in.vriting to the General Manager or their designee by the Union's Grievance Representative oriheir designee within seven (7) working days after receipt of the response at Step 1. Thegrievance shall set forth the alleged facts of the grievance, the specific Articlei s) and Section(s)alleged to have been violated, and the remedy that is being sought. Either the GeneralManager or their designee or the Union shall request a meeting for the purpose of resolving thegrievance prior to the Employer's decision. The meeting shall be held within five (5) workingdays of being requested and will never exceed two (2) paid employees. Within five (5) workingdays of the meeting the Employer shall deliver to the Union a written reply, which shall providefor a decision in the matter and the reason(s) for the decision.Step 3: If the grievance is not settled to the satisfaction of the Union at Step 2, theUnion WRC Grievance Representative or other designee, within ten (10) calendar days afterreceiving the General Manager or their designee?s reply, shall submit the grievance to theDistrict Manager or their designee in writing setting forth the alleged facts of the grievance,which shall also include the specific Article(s) and Section(s) of the Agreement that the Unionbelieves have been violated and the remedy being sought in this matter. Either the DistrictManager or their designee or the Union shall request a meeting for the purpose of resolving thegrievance prior to the Employer's decision. The meeting shall be held within ten (10) calendardays of being requested. Within ten (10) calendar days of the meeting, the Employer shalldeliver to the Union a written reply to the alleged grievance, which shall provide for a decision inthe matter and the reasons for the decision.If the grievance is not resolved after the procedures in Step 3 have been completed, the parties,by mutual agreement, may refer the matter to non-binding mediation. Such referrals shall occurivithin five (5) working days after the union receives the written response from the DistrictManager. The Grievance Mediation procedure is set forth at Appendix F.Arbitration: If the grievance cannot be satisfactorily adjusted at Step 3, the mattermay be referred by the Union for ?nal decision and determination to an impartial arbitrator. Arequest for arbitration shall be filed in writing with the Federal Mediation and ConciliationService (FMCS) no later than thirty (30) calendar days following the receipt of the written Step 2answer. Both the Employer and the Union agree to be bound by the rules and regulations of theFMCS.Each party to this Agreement shall bear the expenses of preparing and presenting its own case.The fees and the expenses of the Arbitrator, together with any incidental expenses mutuallyagreed upon in advance, shall be borne equally by the parties.The decision of the Arbitrator shall be final and binding on both parties. It is understood that theArbitrator shall have the power to modify on disciplinary cases, but shall not have the ability orpower to in any way modify, change, restrict, or extend any of the terms of this Agreement.Section 3. The time constraints that refer to any step of this procedure may be extended bymutual written agreement of the Employer and the Union. Any reasonable request made beforethe expiration of the time limit to be extended shall be honored by the Employer and the Union.Dillard University exp. 3-31-15.docx Failure to file a grievance or to proceed to the next step within the prescribed time limits shallconstitute a waiver of all rights to grieve and arbitrate such matters.3ection 4. Grievances concerning disciplinary suspensions or discharges may be submittedat the third step of the grievance procedure. If the grievance IS not settled at Step 3, it may beiirectly submitted to arbitration except as limited in the above paragraph.Section 5. The Employer shall pay employees at their regular wage rate when they areinvolved in the grievance discussion and meetings with the Employer. when such meetings takeplace during their regularly scheduled. normal working hours.Section 6. Should the grievance not be resolved at the existing step or should there be noresponse from the Employer within the specified time limits, the grievance may be carried to thenext step.Section 7. To facilitate the efficient and timely administration of this article, UnionRepresentatives may participate in grievance investigations and meetings via telephone, andunion stewards will have access to telephones and facsimile machines for the sole purpose ofcommunicating with union representatives regarding a pending grievance. Such access shallbe limited to reasonable times so as to properly balance the company's concern for maintainingefficient operations and the union's ability to address necessary aspects of a pending grievance.Section 8. Summary Table of Grievance Procedure.Step Parties Involved Time Limits1 Union: Grievant, Shop Steward 7 Working Days: Written GrievanceEmployer: Unit Manager 5 Working Days: Response2 Union: Grievance Rep or designee 7 Working Days: Written Step 2 GrievanceEmployer: General Manager 5 Working Days: Meeting between parties5 Working Days: Written Response fromGeneral Manager3 Union: Grievance 10 Calendar Days: Written appeal to the DistrictRepresentative Manager.Employer: District Manager 10 Calendar Days: Meeting between the parties10 Calendar Days: Written Response from theDistrict Manager5 Working Days: Mutual decision to seekMediation or30 Calendar Days: To seek Arbitration3 Grievance Mediation Mediators Schedule: Mediation(optional) 5 Working Days: Mediator's response10 Calendar Days: Request for Arbitration4 Arbitration See #2 /or #3 aboveARTICLE 21 - HOURS OF WORK AND OVERTIMESection 1. The "workweel