AGREEMENT
BETWEEN
THE
KROGER
CO., CINCINNATI/DAYTON
MARKETING
AREA (KMA),
D/B/A
KROGER
AND
UNITED
FOOD
&
COMMERCIAL
WORKERS
UNION
LOCAL
75
DAYTON
STORES
June
17,2012
through
June
13,2015
CONTENTS
INDEX
UNITED
FOOD
&
COMMERCIAL
WORKERS
UNION
LOCAL
75
DAYTON
STORES
Contents ........................................................................................................................................................................ 1
ARTICLE
1.
INTENT
AND
PURPOSE
................................................................................................................................ 2
ARTICLE
2.
COVERAGE
.................................................................................................................................................. 2
ARTICLE
3.
UNION
SHOP
CONDITIONS
AND
CHECKOFF
............................................................................................... 3
ARTICLE
4.
CONFORMITY
TO
LAW
................................................................................................................................ 4
ARTICLE
5.
MANAGEMENT
RIGHTS
............................................................................................................................... 4
ARTICLE
6.
NO
STRIKE,
NO
LOCKOUT
............................................................................................................................ 5
ARTICLE
7.
PICKET
LINE
................................................................................................................................................. 5
ARTICLE
8.
GRIEVANCE
AND
ARBITRATION
PROCEDURE
.............................................................................................. 5
ARTICLE
9.
OVERTIME
AND
OTHER
PREMIUM
PAY
...................................................................................................... 7
ARTICLE
10.
HOURS
OF
WORK
................................................................................................................................... 10
ARTICLE
11.
WORK
SCHEDULES
.................................................................................................................................. 10
ARTICLE
12.
HOLIDAY
WORK
......................................................................................................................................
15
ARTICLE
13.
VACATIONS
............................................................................................................................................. 17
ARTICLE
14.
NIGHT
STOCK
CREW
PROVISIONS
........................................................................................................... 19
ARTICLE
15.
SENIORITY
............................................................................................................................................... 19
ARTICLE
16.
LEAVES
OF
ABSENCE
...............................................................................................................................
26
ARTICLE
17.
OTHER
GENERAL
WORKING
CONDITIONS
............................................................................................. 28
ARTICLE
18.
UNION
COOPERATION
............................................................................................................................
29
ARTICLE
19.
SEPARATION
PAY
.................................................................................................................................... 30
ARTICLE
20.
CHANGE
.................................................................................................................................................. 30
ARTICLE
21.
STORE
CLOSING
....................................................................................................................................... 30
ARTICLE
22.
HEALTH
AND
WELFARE
...........................................................................................................................
32
ARTICLE
23.
PENSION
..................................................................................................................................................
36
ARTICLE
24.
EXPIRATION
............................................................................................................................................. 38
APPENDIX
"A"
WAGES
................................................................................................................................................ 39
APPENDIX
"B"
-JOB
DESCRIPTIONS
...........................................................................................................................
48
APPENDIX
"C":
SENIORITY
AREAS
...............................................................................................................................
53
APPENDIX
"D":
PERMANENT
PANEL
........................................................................................................................... 54
Letter
of
Understanding: Ratio Qualification .............................................................................................................. 57
Dayton Letter
of
Understanding-
Health
Care
..........................................................................................................
58
TERM: June 17, 2012
THROUGH
June 13, 2015
AGREEMENT
THIS
AGREEMENT
has
been entered into between
The
Kroger
Co.,
Cincinnati/Dayton Marketing Area (KMA), doing business
as
Kroger, its
successors
and
assigns,
hereinafter designated
as
the "Employer"
and
the United Food and Commercial Workers Union
Local No.
75,
chartered
by
the United
Food
and Commercial Workers International Union,
AFL-CIO,
CLC,
hereinafter designated
as
the
"Union".
ARTICLE
1.
INTENT
AND
PURPOSE
1.1
The Employer and the Union
each
represents
that
the purpose and the
intent
of
this Agreement
is
to promote cooperation
and harmony,
to
recognize mutual interests,
to
provide a channel through which information and problems may
be
transmitted from one
to
the other,
to
formulate rules
to
govern the relationship between the Union and the Employer,
to
promote efficiency and service, and
to
set forth herein the basic agreements covering rates
of
pay, hours
of
work, and
conditions
of
employment.
ARTICLE
2.
COVERAGE
2.1
The Union shall
be
the sole and exclusive bargaining agent
for
all associates
in
each
of
the Employer's Stores located
in
the
counties
of
Montgomery, Greene, Darke, Shelby, Miami, Clark, Preble, and Auglaize Ohio and
in
the metropolitan area
of
Franklin, Ohio, excluding Store/Unit Managers, Co-Managers,
Chefs,
Drug/ Drug General Merchandise Managers, Human
Resource Coordinators, Photo Lab/Digital Media Managers, Professional Pharmacy Department associates, Security
associates, and associates covered by the Cincinnati Stores.
2.2
Vendor Stocking- The practice
of
outside salesmen stocking shelves shall
not
be
expanded during the term
of
this
Agreement except
that
if
a brand
of
merchandise now being stocked by outside salesmen
is
discontinued and another
brand substituted
or
a new brand
is
added, salesmen may stock all brands
of
the same
type
of
merchandise; for example,
if
a new brand
of
cookies
is
added
or
substituted, salesmen may stock the new brand.
The understanding
in
the paragraph immediately above shall
not
apply
in
new
or
remodeled stores during the first
two
(2)
weeks prior to opening.
It
is
understood
that
the rotation
of
merchandise, taking inventory
or
ordering shall
not
be
considered stocking.
It
shall
not
be a violation
of
this provision for a vendor
to
perform the work necessary
to
accomplish a reallocation
of
product in
his
commodity section. This
work
is
to
be
done under the supervision
of
the department head. (This provision does
not
alter
11.9, Scheduling
Major
Resets.)
The following guidelines shall apply:
1.
An
"allocation" will refer
to
the number
of
facings
or
placements
of
a particular item.
2.
A "reallocation" refers
to
the changing, positioning
and/or
the discontinuance
of
an
item
and/or
the addition
of
a
new item.
3.
Vendors may perform
work
necessary
to
reallocate
an
item within a commodity section
in
a given aisle. Should
an
entire commodity section (i.e., coffee) need
to
be
removed to accomplish a reallocation, bargaining
unit
associates(s) will assist in the reallocation, where
it
would
not
cause
the addition
of
hours
to
the schedule.
4.
When
an
item will
be
relocated in a new aisle, vendors will
be
permitted
to
pull the block and set the block.
5.
Vendors will
not
stock any product from the back room
other
than a new item.
6.
Vendors must
sign
the daily log "in" and
"out"
and state
the
reasons
for
being in the store (i.e., reset, inventory,
etc.).
If
the steward questions a vendor's actions, he may verify the vendor(s) presence and reasons for being in
the store.
2
7.
Department heads will better supervise vendor work.
In stores with a distinct Drug/GM department, the Employer may utilize any vendor store assistance
on
Drug/GM
merchandise products, which are available to the trade
without
additional costs.
2.3
Management
Work-
In
stores having both manager and co-manager(s), the Employer agrees that they will
not
perform
work
normally done by members
of
the bargaining unit, including office functions normally performed
by
the front-end
manager
and
assistant front-end managers. This does not preclude the manager and co-manager(s) from doing the above
due
to associates being absent where no one
is
available
to
do the work
or
circumstances beyond the control
of
the
Employer. It
is
understood, however,
that
work incidental
to
handling customers' requests, inventorying product(s) and
merchandise markdowns are
not
a violation
of
this Section.
For meat department, the following shall apply:
It
is
understood that the work performed due
to
the absence
of
a member
of
the bargaining
unit
while attempting
to
bring
in additional help (during a breakdown, demonstration, during training, experimentation, reallocation
of
product (using
stock
on
the shelves) will not
be
considered a violation
of
this paragraph).
In the event
of
a proven violation
of
Sections 2.2 and 2.3, the Employer will pay
to
the associate filing the grievance
the
amount
of
time spent
in
such
proven violation at the premium rate
of
time and one-half
(1
Yz
),
but
no
less
than one (1)
hour's pay at the associate's regular rate
of
pay.
The language in this Article 2.3 does
not
apply
to
the Drug/GM department.
ARTICLE
3. UNION
SHOP
CONDITIONS AND
CHECKOFF
3.1
Union Shop-
It shall
be
a condition
of
employment
that
all
associates
of
the Employer covered
by
this Agreement who are
members
of
the Union
in
good standing
on
the execution date
of
this Agreement shall remain members in good standing
and those who are
not
members
on
the execution date
of
this Agreement shall, on the sixty-first (61'
1
)
day following
the
execution date
of
this Agreement become and remain members in good standing
in
the Union.
It
shall also
be
a condition
of
employment
that
all associates covered by this Agreement and hired on or after its execution date shall,
on
the sixty-first
(61'
1
)
day following the beginning
of
such employment become and remain members in good standing
in
the Union. The
Employer may secure new associates from any source whatsoever.
During the first sixty (60) calendar days
of
employment, a new associate shall
be
on
a trial
basis
and may
be
discharged at
the
discretion
of
the Employer.
By
mutual agreement between
the
Employer and the Union,
such
trial period may
be
extended for
an
additional
thirty
(30)-day probationary period, and
such
discharge shall
not
be
subject
to
the Grievance and
Arbitration Procedure. For the purpose
of
this paragraph, the execution date
of
this Agreement shall
be
considered its
effective date.
3.2
Check-Off-
The
Employer agrees to deduct weekly dues
and/or
service fees and uniform assessments from the wages
of
associates
in
the bargaining
unit
who individually certify in writing, authorization
for
such
deduction in a form authorized by
law.
The
Employer agrees, in the
case
of
new Union members,
to
deduct the Union initiation fee and in the
case
of
a
non-
member,
an
initial service fee from the wages
of
any new or non-member Union associate who certifies in writing
authorization
for
such
deduction
in
a form authorized by law.
In
the
event no wages are then due the associate,
or
are insufficient
to
cover the required deduction, the deduction for
such
week shall nevertheless,
be
made from the first wages
of
adequate amount next due the associate, and thereupon,
transmitted
to
the Union.
Upon written request
by
an
authorized representative
of
the Union, the Employer agrees to separate from employment any
associate within five (5) working days after notification by the Union
that
such
associate
has
failed to comply with Article
3,
Section 3.1, limited only by the Labor Management Relations Act
of
1947.
3.3
Active Ballot
Club-
The Employer agrees
to
honor and transmit
to
the Union contribution deductions to the
UFCW
Active
3
Ballot
Club
from associates who are Union members, and who
sign
deduction authorization cards.
The
deductions shall
be
in the amount specified
on
the political contribution deduction authorization card and shall
be
deducted
not
more than
once
each
month.
3.4
New Associates-
The
Employer agrees
to
give the Union a list
of
new associates weekly, showing the associate's name,
residence address, social security number, store number, date
of
employment, and birth date.
3.5
Union Visitation -The manager
of
a store shall grant to any accredited Union official
access
to
the store
for
the purpose
of
satisfying himself
that
the terms
of
this Agreement are being complied with. Lengthy discussions between associates and
representatives
of
the Union, including the shop steward,
or
among themselves concerning disputes, shall
not
take place
during working hours.
3.6
Other Agreements-
The Employer (or any part
of
its management) agrees
not
to
enter
into
any agreement
or
contract with
its associates, individually
or
collectively, which in any way conflicts with the terms and provisions
of
this Agreement.
3.7
Bulletin Board-
The
Employer agrees
to
provide a bulletin board
in
each
store and will permit the Union
to
post
and
maintain any notices pertaining
to
Union business, provided however, notices
other
than routine meeting announcements
or
announcements
of
social events will
be
approved
by
the Human Resource Manager.
3.8
Union Steward-
The
Union shall have
the
right
to
designate a grocery steward, meat steward, and a Drug/GM steward in
each
store.
In
the top
fifty
percent
(SO%)
of
the stores (based
on
sales
volume),
the
Union shall have the right
to
designate
a grocery steward, alternate grocery steward, meat steward, and
an
alternate meat steward.
The employer shall send a
letter
to the Union
each
February
to
update the stores by
sales
volume.
The
Union shall notify
the stewards and alternate stewards
of
any change.
A list showing the names
and
store addresses
of
all
stewards
and
alternate stewards
is
to
be
submitted
to
the Employer.
3.9
Union
Card
-The Employer agrees
to
display the Union Store
Card
and/or
decal in a prominent place
in
its store.
The
Union
Card
and/or decal are and shall remain the property
of
the Union.
3.10
Union
Counselor-
The
Union shall have the right
to
designate a Union Counselor in
each
store.
ARTICLE
4. CONFORMITY
TO
LAW
4.1
The
parties hereto agree
that
should any Article, part
or
paragraph
of
this Agreement
be
declared
by
a Federal
or
State
Court
of
final jurisdiction or Federal or State Agency having jurisdiction
thereof
to
be
unlawful, invalid, ineffective or
unenforceable, said Article, part
or
paragraph shall
not
affect the validity and enforceability
of
any
other
Article, part or
paragraph thereof and the remainder
of
this Agreement shall continue
in
full force and effect.
If
any part
of
this Agreement
is
construed
to
be in
such
violation, then
that
part shall
be
null and void and the parties agree
that
they will within
thirty
(30) days begin negotiations to replace said void part with a valid provision.
4.2
The
Employer and the Union agree
to
continue
to
uphold the principles
of
non-discrimination based
on
race, color,
sex,
religion, national origin,
age,
disability, Union activity and veteran status. Wherever
in
this Agreement, words
such
as
"he",
"she", "him", "her", etc. are used, the
intent
of
the parties
is
that
the application
of
the contract shall
be
applied equally
and
on
a nondiscriminatory
basis
regardless
of
gender.
ARTICLE
5.
MANAGEMENT
RIGHTS
5.1
The
management
of
the business and the direction
of
the working forces, including the right
to
plan, direct and control
store operations, hire, suspend, or discharge
for
proper cause, transfer
or
relieve associates from duty because
of
lack
of
work
or
for other legitimate reasons, the right
to
study
or
introduce new
or
improved production methods or facilities and
the right to establish and maintain rules and regulations covering the operation
of
the stores, a violation
of
which shall
be
among the
causes
for discharge, are vested in the Employer, provided, however,
that
this right shall
be
exercised with due
regard for the rights
of
the associates and provided
further
that
it
will
not
be
used
for
the purpose
of
discrimination against
4
any associate or
for
the purpose
of
invalidating any contract provision.
ARTICLE
6.
NO
STRIKE.
NO
LOCKOUT
6.1
During the term hereof, the Union agrees
that
there shall
be
no strike
or
any other interference with or interruption
of
the
normal conditions
of
the Employer's business by the Union or its members. The Employer agrees
that
there shall
be
no
lockout.
Following a work stoppage,
it
shall
be
the associate's responsibility
to
advise the store manager
of
their store, within a
reasonable period
of
time,
of
their availability
for
return
to
work.
The
Employer will then direct associates
to
start work on
an
orderly
basis,
as
needed
for
the type
of
work being considered.
On
the first full day following the end
of
the
stoppage, associates will
be
placed in needed categories
on
a "first come, first
serve"
basis
considering the
type
of
work
to
be
performed.
On
the second and subsequent days, associates who have made
themselves available will
be
placed in accordance with the seniority and available hours provisions
of
the Agreement
for
the
type
of
work being considered.
It
is
the intent
of
this Section
that
temporary associates will
be
replaced in
an
orderly and expeditious manner.
ARTICLE
7.
PICKET
LINE
7.1
No associate shall
be
required
to
cross
a legal labor picket line which
has
been recognized by the Union at any time after
the
Employer
has
received at least forty-eight (48) hours notice in writing from the Union
that
such
picket line
has
or will
receive
such
recognition. This forty-eight (48)
hour
period shall begin upon receipt by the Employer
of
the
written
notice,
and where the labor organization
that
intends
to
picket
is
not
the Union, the
UFCW
or any
of
its
Locals
such
notice shall
not
be given until the commencement
of
such
picketing.
ARTICLE
8.
GRIEVANCE
AND
ARBITRATION
PROCEDURE
8.1
Grievance Procedure- Should any "grievance" arise over the interpretation
or
application
of
the contents
of
this
Agreement, there shall
be
an
earnest
effort
on
the part
of
both parties
to
settle same promptly through the following steps.
The term "grievance" comprehends any complaint, difficulty, disagreement
or
dispute between the Employer and the
Union or any associate covered by this Agreement,
and
which complaint, difficulty, disagreement
or
dispute pertains
to
the
interpretation
or
application
of
any and
all
provisions
of
this Agreement.
STEP
1.
By
conference between the aggrieved associate, the
job
steward,
or
both
and/or
a representative
of
the Union and
the
manager
of
the store.
If
the grievance
is
not
settled,
it
shall
be
reduced
to
writing
with
copies
to
the Union and
Employer and referred within ten (10) days
to
Step
2,
unless
such
time
period
is
mutually extended by the Union
and
the
zone manager.
STEP
2.
By
conference between the representative
of
the Union and the zone manager. If this step does
not
settle the
grievance,
it
shall
be
referred within ten (10) days
to
Step
3,
unless
such
time period
is
mutually extended by the Union and
the zone manager.
STEP
3.
By
conference between the business representative
and/or
the executive officer
of
the Union, the Human
Resource Manager
and/or
a representative delegated by the Employer.
In
the event the grievance
is
not
settled in this Step, a
written
response will
be
exchanged
by
the parties within twenty (20)
days from the Step 3 conference unless otherwise mutually agreed to.
STEP
4.
In
the event
that
the last step fails
to
settle satisfactorily the grievance and either party wishes
to
submit it to
arbitration, the party desiring arbitration must
so
advise the other party in writing within forty-five (45) days from the Step
3 written response, or the grievance will
be
considered settled in Step
3.
8.2
Timeliness
of
Grievances-
No
grievance will
be
considered
or
discussed unless the outlined procedure
has
been followed
and
the grievance presented within ten (10) days, except a grievance arising from
an
error
in
the rate
of
pay may
be
5
presented within
two
(2) years.
Grievances may arise
of
a general nature affecting or tending
to
affect
an
associate
or
associates.
Such
grievances may
be
initiated at any
of
the above steps deemed appropriate by the parties.
8.3
Arbitration-
The
Board
of
Arbitration shall consist
of
one (1) person appointed by the Union and one (1) person appointed
by the Employer.
Said
two
(2)
persons shall, within ten (10) days after disagreement, unless mutually extended, select a third (3rd) arbitrator
from the agreed panel
of
twelve (12) permanent arbitrators
as
provided
for
in Appendix "D",
each
of
whom
has
agreed
to
act
in
this capacity. The decision
of
the third (3rd) arbitrator shall
be
binding
on
both parties.
The
expenses
of
the third (3rd)
arbitrator shall
be
paid for jointly.
The
Board
of
Arbitration
is
not
vested
with
the power to change, modify
or
alter this Agreement,
but
only
to
interpret the
provisions
of
the Agreement.
It
is
agreed that the panel
of
permanent arbitrators will remain at twelve (12) during the
term
of
this Agreement, and
if
for
any reason
an
arbitrator would
withdraw
from the panel, the Union and the Employer agree to meet within
thirty
(30)
days
to
select a replacement.
Grievances shall
be
submitted
to
the permanent arbitrators in rotation, provided however,
that
the parties may select
an
arbitrator in deference
to
rotation
if
the arbitrator, otherwise called upon
to
hear the grievance,
is
unavailable.
The
party
requesting arbitration shall
notify
the arbitrator
in
writing
of
their
appointment with a copy
to
the other party.
8.4
Expedited Arbitration -The parties agree
that
in
lieu
of
following the procedures outlined above in Section 8.3
of
this
Article, by mutual agreement, a special expedited arbitration process may
be
utilized.
In
such
case(s),
the parties agree
that
no attorney will serve
as
the representative
of
either party, briefs will
be
waived, and
no stenographic or mechanical transcript
of
the proceedings will
be
made.
It
is
further
agreed
that
an
arbitrator mutually selected
to
hear
such
a
case
must agree in advance to render a short form
written decision within forty-eight (48) hours
of
the date
of
hearing. Although
it
is
not
anticipated
that
such
cases
will
involve substantial questions
of
contract interpretation, the decision
of
the
arbitrator
will have the same force and effect
as
an
award rendered pursuant to the more formal Arbitration Procedure detailed in Section 8.3.
The
arbitrator shall,
in
no
event, have the power to disregard
or
modify any provisions
of
the Agreement.
The
parties agree, in such expedited
cases,
to
present a stipulated
issue
to the
arbitrator
in advance
of
the hearing. Either
party may withdraw its consent
to
submit
an
issue
to
the expedited process up to,
but
not after, the time at which the
hearing
is
convened.
8.5
Suspension or Discharge- The Employer may, at any time, suspend
or
discharge any associate
for
proper
cause.
The
Employer shall
send
a copy
of
the constructive advice record setting forth the suspension
or
discharge to the Union.
The
Union may contest the suspension
or
discharge
by
filing a
written
complaint with the Employer at the Step 2 level
of
the
Grievance Procedure within ten (10) calendar days following the receipt
of
the notice
of
suspension
or
discharge.
Such
complaint shall
be
discussed between the Union Representative and the Zone Manager
within
ten (10) calendar days.
Failure
of
the Zone Manager
to
issue
a Step 2 position regarding the suspension
or
discharge within the ten (10) calendar
day period shall automatically refer the Union's written complaint
to
the Step 3 level.
If
the Union and the Employer then
fail
to
agree
on
the written complaint within ten (10) additional calendar days,
it
shall
be
referred within forty-five (45)
calendar days to the Board
of
Arbitration,
if
the Union desires
to
arbitrate the suspension or discharge. Should the Board
determine that
it
was
an
unfair suspension or discharge, the Employer will reinstate the associate in accordance with the
findings
of
the third (3rd) arbitrator.
Any monetary settlement to a grievance shall
be
paid within three (3) weeks from the date
of
said
settlement.
8.6
Constructive Advice Records- All constructive advice records shall
be
issued and signed by non-bargaining
unit
associates
6
only. Disciplinary action causing lost
time
shall
be
at the direction
of
non-bargaining
unit
associates
or
the person
designated in charge
of
the store.
During any investigation, which may lead to disciplinary action, the associate, upon request, shall have the Union Steward
or Union Representative present.
Constructive advice records used by the Employer shall
not
affect the associate's right to file a grievance, and upon signing
such
constructive advice record, shall receive a copy thereof. Any probationary period resulting therefrom shall
be
limited
to a period not
to
exceed
thirty
(30) days. Additional periods
of
thirty
(30)
days
may
be
imposed
if
necessary improvement
is
lacking, and the associate and the Union will
be
advised.
Constructive advice records will
be
issued and discussed with the associate no later than ten (10) days from the date
of
the
incident.
If
this
is
not done by management in the specified time period,
it
will
be
considered null and void.
This will
not
preclude discipline
for
an
offense, which would warrant a discharge. (Serious offense shall
not
be
considered
as
a circumstance, which normally results in progressive discipline.)
Any
such
constructive advice record
not
received by the Union within ten (10) days
of
the consultation date shall
be
null
and void.
Any
such
constructive advice record, which does
not
involve a disciplinary suspension after which twelve (12) consecutive
months have elapsed
without
a recurrence
of
the same nature, shall
be
null and void.
Any constructive advice record, which does involve a disciplinary suspension after which
twenty-four
(24) months have
elapsed
without
a recurrence of the same nature, shall
be
null
and
void.
8.7
Authority
of
Executive
Board-
At any step
in
the Grievance Procedure, the Executive Board
of
the
Local
Union will have the
final authority in respect
to
any aggrieved associate covered by this Agreement
to
decline
to
process a grievance,
complaint, difficulty
or
dispute further,
if
in the judgment
of
the Executive Board,
such
a grievance lacks
merit
or
lacks
justification under the terms
of
this Agreement,
or
has
been adjusted
or
justified under the terms
of
this Agreement to the
satisfaction
of
the Union Executive Board.
8.8
It
is
the
intent
of
the parties
to
this Agreement
that
all
associates within the bargaining
unit
covered by this Agreement
exercise
all
their rights, privileges,
or
necessary procedures under this Agreement, International
or
Local
Constitution, in the
settlement
of
any and
all
complaints
or
grievances filed by
such
associate before taking any action outside the scope
of
this
Agreement for the settlement
of
such
grievance.
ARTICLE
9. OVERTIME
AND
OTHER
PREMIUM
PAY
9.1
Overtime and Sixth
Day
Worked-
For
full-time associates,
all
work in
excess
of
forty
(40) hours per week shall
be
paid for at
time and one-half
(1
Yz
).
All
work
in
excess
of
eight
(8)
hours per day shall
be
paid
for
at time and one-half
(1
Yz).
Time and
one-half
(1
Yz)
shall
be
paid on the weekly or daily
basis,
whichever
is
greater,
but
in no
case
on
both.
Any full-time associate called into work the sixth
(6th)
day
of
any one
(1)
work
week shall
be
paid at the rate
of
time and
one-half
(1
Yz)
the regular hourly rate
for
all
hours worked
on
the sixth
(6th)
day, (Sunday through Saturday) excluding
holidays. For pay purposes, the sixth
(6th)
day shall
be
the associate's normally scheduled day off, unless the associate
is
scheduled
to
work
six
(6)
days in one
(1)
work week, in which
case
it
shall
be
the sixth
(6th)
day
in
which work
is
performed
by
that
associate.
Any full-time associate who works five
(S)
days
in
a holiday week, (Sunday through Saturday) excluding the holiday, will
be
paid overtime
on
the same
basis.
For current
and
future part-time associates, all work in
excess
of
forty
(40) hours in a basic workweek will
be
paid at time
and one-half
(1
Yz
).
They will
not
receive daily
or
sixth
(6th)
day overtime. This applies
to
full-time associates by mutual
agreement*
7
*
Mutual Agreement-
When referred to in this contract "mutual agreement" means when both the associate and
the
Employer jointly agree
to
the benefit of both
on
a specific subject. Any dispute arising from the application
of
mutual
agreement, subsequent situations will require the
use
of
documentation between the associate and Employer.
9.2
Department heads, assistant department heads, leads
and
full-time meat associates required
to
work past 6:00p.m.
for
more than
two
(2)
nights per week after shall
be
paid time and one-half
(1
Y,)
for
all
hours worked after 6:00 p.m.
on
the
third
(3'd)
and subsequent nights
in
such
week. Department heads, assistant department heads, leads and full-time meat
associates who are desirous
of
additional hours
of
work within the
work
week, and who have indicated this desire (and
availability)
in
writing
to
the store manager (with a copy to the Union) may
be
scheduled for more than
two
(2)
nights per
week
without
regard to the time and one-half
(1
Y,)
requirements.
Such
written
notice
of
intent
under this Section shall
stand for
thirty
(30)
days and then until revoked
in
writing
to
the parties with one week's notice.
It
is
understood, however,
that
it
is
not the
intent
of
the parties
that
frequent changes
in
this status
be
invoked. Sections 9.2 shall
not
apply
to
work
on
such
days
where associates receive time and one-half
(1
Jl,)
for
such
work. Third
(3'd)
night overtime will
not
apply to
any full-time Status 3 associate and all full-time associates hired
on
or after June 20, 2009 with the exception
of
department
heads.
This
language does
not
apply
to
the Drug/GM Clerks.
Starting times for Drug/GM Department
Heads
shall
be
determined by the Employer. However, no Drug/GM Department
Head
shall
be
required
to
work
more than
two
(2) nights per week past 6:30p.m. on a regular
basis.
9.3
Night Premium- Any associate who works between 10:00 p.m. and 6:00a.m. will receive one-dollar ($1.00) premium in
addition to their regular rate
of
pay.
The
provisions contained
in
Section 9.2
of
this Article do
not
apply
to
such
associates.
The definition
of
a night shift associate
is
contained in Article 14
of
this Agreement.
The night shift rate will apply on a holiday and vacation pay
to
those regularly employed on night shift;
that
is,
in holiday
weeks
if
fifty
percent (50%) or more
of
the
hours worked are
on
night shift and on vacation pay
if
fifty
percent
(50%)
or
more
of
the hours worked
in
the twelve (12) weeks
prior
to vacation
on
night shift.
A Drug/GM clerk who
is
a member
of
the regular night stocking crew will have
their
night stocking premium included in the
calculation
of
their vacation and holiday pay
as
well
as
in the calculation
of
any contractual overtime.
When a night shift associate
is
scheduled
to
work
fifty
percent
(SO%)
or
more
of
their
working hours
in
any week will
receive the night shift rate
for
the full week and shall
be
considered a night shift associate
for
the purpose
of
the Article and
Article 14.
When a night shift associate
is
scheduled
to
work
fifty
percent
(SO%)
or more
of
their
schedule work shift prior to 6:00a.m.,
they
will receive the night shift premium
for
the entire shift. It
is
understood
that
this paragraph does not apply to the
Drug/GM department.
Any associate who
is
scheduled
two
(2) consecutive weeks
or
more
on
night shift
work
shall
be
considered a night shift
associate and shall
be
subject
to
the provisions under Article 14, Night Shift Provisions, except
for
those associates who are
doing relief work
for
vacation
and/or
sick leave; provided management
has
given advance notice
of
such
schedule change.
Drug/GM associates will only
be
paid the night shift premium for hours actually worked between 10:00 p.m. and 6:00a.m.
9.4
Holiday Premium- When
work
is
performed
on
a holiday,
it
shall
not
be
considered
as
part
of
the normal
work
week and
time and one-half
(1
Y,)
the associate's regular hourly rate shall
be
paid
for
all
hours worked
that
day.
In
the
case
of
a
holiday, this shall
be
in addition
to
the holiday pay provided
for
elsewhere in this Agreement. Holidays begin at 12:01 a.m.
and end at midnight.
9.5
Pyramiding- There shall
be
no pyramid ing
of
premium
pay,
and any hours paid
for
at one-half
(1
Y,)
shall
be
excluded when
computing overtime
on
a weekly basis.
9.6
Sunday
Work-
Sunday
work
shall
be
considered
part
of
the normal work week and associates shall
be
paid at
their
regular
hourly rate for hours worked
that
day. However,
it
is
understood
if
an
associate elects
not
to
work
on Sunday (seniority
permitting)
he
may elect
to
do
so
with the understanding
it
may result in a reduced workweek.
The
Employer agrees
that
the elimination
of
Sunday premium pay
is
not
intended
to
reduce the
work
hours
that
associates
8
hired prior
to
December
6,
1986,
(June
1,
1987 in Drug/GM), are currently working during the normal work week.
The
parties understand
that
this
is
not
intended to be a guarantee
of
hours and schedules which
can
be
affected by business
conditions or factors beyond the control
of
the Employer.
9
ARTICLE
10.
HOURS
OF
WORK
10.1
Basic
Work
Week-
The workweek
for
full-time associates shall consist
of
up
to
forty
(40) hours in
not
more than five (5)
days, not necessarily consecutive, Sunday through Saturday unless mutually agreed* upon. For all part-time associates,
the
basic workweek shall consist
of
up
to
forty
(40) hours, Sunday through Saturday. A day shall
be
considered
to
mean a
workday or shift,
not
necessarily a calendar day.
10.2
Daily Guarantee -_Any associate who
is
instructed
to
report
for
work
shall be guaranteed at least
four
(4)
hours work
if
the
associate
is
available
for
four
(4)
hours
of
work. It
is
understood, however,
that
the
payment
of
four
(4)
hours shall
not
apply
to
part-time associates whose hours
of
work
are restricted by circumstances beyond the control
of
the Employer.
Such
scheduling guarantees shall
not
apply
if
the
hours are
not
available due
to
Article 11, Section 11.3,
or
would violate
state or federal laws.
10.3
Meal Periods-
Associates shall
be
granted one-half (1/2)
hour
uninterrupted period
for
mealtime at approximately
the
middle
of
the working day. Meal periods shall
not
be
scheduled until
an
associate
has
worked three
(3)
hours and the
associate will
not
be
required
to
work more than five
(5)
hours
prior
to
beginning
such
meal period. Meal periods will
not
be required unless
an
associate
has
been scheduled
for
six
(6) hours
or
more unless
in
conflict
with
State
or
Federal law.
Associates will
be
scheduled
for
meal periods based upon starting times considering type
of
work
performed and
classification.
10.4
Rest
Periods-
All associates
who
work more than three
(3)
hours up
to
and including five
(5)
hours in a day shall receive a
fifteen (15) minute, uninterrupted rest period.
An
associate
who
works more than five (5) hours
in
a day shall receive
two
(2) fifteen (15) minute, uninterrupted rest periods. Rest periods will be scheduled by the store manager
in
accordance
with
the
needs
of
the
business but no earlier than one
(1)
hour
after
reporting time and no later than one
(1)
hour before
mealtime or quitting time.
10.5
Time Off
for
Overtime-
No associate shall accept
time
off
as
compensation
for
overtime. When a full-time associate
is
required
to
work outside
of
his posted schedule, he shall
be
permitted
to
work the balance
of
his week
as
scheduled.
ARTICLE
11.
WORK
SCHEDULES
11.1
Posting Work Schedules-
The
hours
for
each associate shall
be
scheduled by the Employer, subject
to
the provisions
of
this
Agreement. A working schedule
for
the succeeding week shall
be
posted in ink
not
later than
3:00p.m.
Friday
of
the
current
week, with the associate's full name listed by seniority and
the
associate's seniority date. One master
work
schedule shall
be posted by
department
in
all stores with the scheduled hours
of
associates totaled at
the
end
of
the
column, and the
Union Steward will receive a copy
of
the master work schedule.
In
the
event
such
schedule
is
not
posted,
the
schedule
for
the
preceding week shall prevail, except
in
the week preceding
or
the week
of
a holiday.
After
the
schedule
is
posted, a full-
time associate's schedule will
not
be
changed and full-time associates working
their
scheduled day
off
will
be
paid time and
one-half
(1
Y.)
for
such hours. Hours added
to
the
schedule will
be
done within the seniority, available hours, and earlier
starting time provisions
of
this Agreement.
Schedules will
be
arranged by
the
following departments: meat department, deli/bakery department, seafood/service meat
department, grocery
department
(which shall include dairy and frozen foods), produce department, front-end (cashiers),
sacker/carryout, salad bar department, floral department, fuel center, coffee shop, demonstrators, Orug/GM, cosmetics,
and photo lab.
11.2
Full-Time Ratio-
It
is
the
intent
of
the
parties
that
fifty
percent (50%)
of
the
hours in the contract area, excluding hours
worked in the classifications
of
sacker, demonstrator, floral clerk and salad bar, will
be
offered
as
forty
(40)
hour
schedules
to
full-time associates. No associate will be reduced
from
full-time
status
to
part-time status in
order
to
meet the ratio.
Ratio exclusions: sackers/carryouts, demonstrators, floral attendants, and salad bar clerks. Effective
November
15,
2005, these classifications will no longer qualify
for
full-time benefits. Current associates
in
the
above
classifications will be red-circled
with
full-time benefits. Individuals promoted
to
lead floral and lead salad bar will
be
eligible
for
full-time benefits.
The ratio will be administered
in
accordance with the ratio operational guidelines
as
follows:
10
1.
Once
each
period (four
(4)
weeks) the number
of
full-time hours to part-time hours will
be
determined
in
the
contract
area
for
the upcoming period. Total eligible hours, including Sunday hours, will
be
divided
by
forty
(40) in
order to determine the number
of
forty
(40) hour schedules
to
be
offered. When the required number exceeds
the number
of
full-time status associates, the senior part-time associates desiring full-time will
be
offered
the
full-
time schedules required
to
meet the ratio.
2.
Vacation schedules and schedules
not
worked (including sick leaves at a maximum
of
one year) count
for
the ratio
purposes.
3.
The
ratio will
not
apply to a new store
for
the first
six
(6) months
of
operation. There shall
be
a minimum full-time
ratio
of
thirty
percent (30%).
4.
The
ratio will apply for the determination
of
eligibility
for
full-time benefits.
5.
(a)
When a part-time associate
is
promoted
to
a department head
and/or
assistant department head, they shall
receive full-time benefits
the
first
of
the month following
such
promotion
in
accordance with Article
22.
(b) If the aforementioned associate
is
demoted
and/or
voluntarily reduces himself/herself
in
the classification,
such
associate shall
not
continue
to
receive full-time benefits unless they have the seniority
to
maintain them
under the ratio.
(c)
Once the full-time ratio
has
been reached (i.e., the Company
is
required
to
begin promoting part-time
associates
to
comply with 1 and 4 above), the following shall also apply:
When a part-time associate
is
promoted
to
a classified position
as
previously mentioned,
and
said
associate
is
not
the most senior
to
receive full-time benefits in accordance with the ratio operational guidelines,
in
addition
to
the
newly promoted associate receiving full-time benefits, the most senior eligible associate will
also
be
elevated
to
full-time benefits.
11.3
Available
Hours-
Associates shall receive available hours up to and including eight
(8)
hours per day, forty (40) hours per
week in accordance with seniority, within the individual store, provided
that
this does
not
conflict with another provision
of
this Agreement. Available hours may
be
exercised only for the five
(5)
highest hour days
in
the week (four
(4)
highest
hour
days
in
a holiday week) excluding holidays. Associates may claim any
or
all
portions
of
a
less
senior associate's schedule
only
when
such
a claim would add hours
to
the senior associate's schedule
for
that
day.
Food
associates hired after April 22,
1993 may exercise their seniority
for
the claiming
of
the weekly schedule with the most hours. Part-time associates may
claim or
be
scheduled a maximum
of
forty
(40) hours in week.
Associates within the meat department, deli/bakery department, seafood/service meat department, sacker/carryout
department, floral department, salad bar department, coffee shop, demonstrators, Drug/GM, cosmetics, and photo lab
can
claim available hours
in
order
to
maximize
their
schedule up
to
and including eight
(8)
hours per day and/or forty
(40)
hours
per
week in
their
respective department
ONLY.
It
is
the
intent
of
the parties
that
grocery department associates (which shall include dairy and frozen food department
associates), produce department associates, front-end associates, which will include fuel center associates, must claim
additional available hours within
their
department schedule in order
to
maximize up to and including eight
(8)
hours per
day before claiming additional available hours
in
other department(s), first among clerks and then among sackers.
Associates
on
the payroll
as
of
June
4,
1972, except
in
the meat, deli/bakery, seafood/service meat, and Drug/GM will
be
scheduled
and/or
allowed
to
claim any and all portions of the available hours
of
a sacker/carryout associate's schedule in
order
to
extend
their
scheduled shift(s) to eight (8) hours per day
or
forty
(40) hours per week at the associate's current
rate
of
clerk's pay. However, such associates shall
not
be
permitted
to
claim earlier starting times
of
sacker/carryout
associates. Associates classified
as
clerks and hired after June
4,
1972 will
not
be
allowed
to
claim any hours
in
the
sacker/carryout classification.
Twelve-Hour
Minimum-
Associates will
be
scheduled
for
a minimum
of
twelve (12) hours
if
they are available unless
11
associate and Employer otherwise mutually agree and may
not
have
their
hours claimed below this twelve
(12)
hour
minimum.
(The
intent
of
this language
is
not
to
reduce current full-time
and/or
part-time associates. Hours will
be
scheduled
by
seniority.)
It
is
the
intent
of
the parties
that
associates cannot
use
the available hours clause
to
claim hours
of
work
that
will
cause
the
payment
of
premium pay at time and one-half
(1
Yz)
during
that
week.
Associates cannot claim available hours and/or earlier starting times
of
department heads, assistant department heads and
lead clerks
as
provided
in
this Agreement.
This
provision shall also apply
to
Sunday and holiday hours.
An
associate who consistently works the basic workweek shall not have his hours reduced
as
a result
of
a claim
by
another
associate who
is
available only on a temporary
basis.
Store manager trainee assignments will not
be
utilized
to
circumvent the available hours provisions
of
this Agreement.
Training Period
-Newly
hired associates shall receive training
by
a qualified individual within the department who
has
been
selected by the store manager.
Training shall begin upon assignment
to
the position.
The
number
of
training hours per job classification shall
be
as
follows:
floral, salad bar, and sacker/carryout shall receive
twenty-four
(24) hours
of
training. Grocery and produce shall receive
thirty-six (36) hours
of
training. Front end, meat, delicatessen/bakery, seafood/service meat, and Drug/GM shall receive
seventy-two (72) hours
of
training. New hire training hours may
not
be
claimed.
All training hours shall
be
posted and noted
on
the weekly department schedule. Training hours shall
be
scheduled
consecutively and within the minimum scheduling guidelines.
Specialized Training- Training hours (designated
on
a schedule)
for
associates, assistant/lead department heads and
department head candidates selected
by
the store manager will receive training by a qualified individual within the
department designated
by
the store manager. These hours are
not
to
be
claimed by any other associate. These hours will
not
reduce the regularly scheduled hours in the department where training hours are assigned. Any grievance/dispute
arising from the scheduling
of
these designated training hours shall proceed directly
to
Step 3
of
the grievance procedure.
11.4
Earlier Starting Times-
The
Employer shall recognize earlier starting times, i.e., a shift commencing at 6:00a.m., available in
the store and on the following
basis:
Earlier starting times will
be
assigned
on
a continuing basis
to
the more senior
associate within their respective job classification
as
defined in Appendix "A" where
such
scheduling does
not
conflict with
other provisions
of
this Agreement
or
would
cause
the Employer
to
pay overtime
as
a result
of
such
schedule. (This
paragraph shall
not
apply during the first forty-five (45) calendar days
of
a new store operation.)
It
is
further
understood
that
earlier starting times shall
not
be
exercised between departments, i.e., front-end
to
produce, etc.
Starting times
of
department heads and assistant department heads shall
be
determined by the Employer which includes
head general merchandise clerk.
It
is
understood that assistant front-end managers shall
not
be
scheduled earlier starting times (out
of
seniority)
for
the
purpose
of
doing clerks' work; i.e., operating register check lane, candy, cigarettes, etc.
Assistant Customer Service Managers will
be
scheduled the starting times necessary
to
perform Front-End Office
procedures and supervision. (Assistant Customer Service Managers will
not
be
scheduled to begin a shift solely for the
purpose
of
relieving the first office break).
Whenever
an
associate(s)
is
scheduled for work hours
in
more than one
(1)
department within the grocery clerk group in
the store, the department containing
fifty
percent
(SO%)
or more
of
such
associate's
total
weekly hours will
be
considered
such
associate's basic weekly department for the purpose
of
achieving earlier starting times provisions based
on
ability and
experience.
The
language
in
this Article 11.4 does
not
apply to Drug/GM associates.
12
11.5
Associate Waivers- At the associate's discretion,
an
associate may indicate
to
the Employer's store manager
in
writing (with
a copy
to
the Union) that, pertinent contractual clauses notwithstanding with respect
to
available hours, earlier starting
times, etc.,
such
associate may waive
such
application
of
seniority and request scheduled shifts based
on
personal
preference
for
"day" or "nights" even
if
such
scheduling results in a
less
number
of
hours than might have been obtained in
some other manner.
Such
written notice
of
intent
under this paragraph shall stand
for
thirty
(30) days and then until
revoked
in
writing
to
the parties
with
one
(1)
week's notice. It
is
understood, however,
that
it
is
not
the intent
of
the
parties
that
frequent changes in this status
be
invoked. A day shift shall
be
defined
as
any shift
that
ends
on
or
prior to 6:30
p.m.
11.6
Regular
Day
Off-
The Employer will, where the needs
of
the business are
not
adversely affected, schedule associates
working five (5) days a week a regular day
off
on
a consistent
basis,
by
department
by
seniority.
This provision shall
not
be
construed to obligate the Employer
to
recognize a senior associate's demand
to
be
scheduled
off
on
any particular weekday, unless such requested day
off
is
available based upon the scheduling needs
of
the
department(s).
The
language
in
this Article 11.6 does not apply
to
Drug/GM associates.
11.7
Sunday and Holiday
Work-
Work performed on a holiday
or
Sunday shall
be
assigned by seniority among associates
qualified
to
do the work
that
is
needed
on
a holiday
or
Sunday
in
the individual store on a voluntary
basis
provided,
however,
that
if
a sufficient number
of
associates to perform the necessary
work
do
not
volunteer, the work may
be
assigned
on
an
inverse seniority
basis.
The Employer shall post a legal holiday sign-up sheet by 3:00p.m.
on
Tuesday prior to the holiday hours being scheduled.
Effective January
1,
1994, associates hired prior to December
6,
1986, (June
1,
1987
in
Drug/GM), may volunteer to
work
on
Sunday, but shall
not
be
required
to
do
so.
If
for
extreme business reasons,
it
becomes necessary to require pre December
6,
1986 associates (June
1,
1987
in
Drug/GM)
to
work, they shall
be
paid at a rate
of
time and one-half
(11/2)
their
hourly
rate
of
pay.
The
term "extreme business reasons" shall
be
considered to include
an
emergency
such
as
fire, flood
or
Act
of
God,
as
well
as
major holiday weekends (example when Christmas
Eve
falls
on
Sunday).
No
associate will
be
scheduled
for
less
than
four
(4)
hours work on a holiday
or
Sunday.
Associates who work
on
Sundays
and/or
holidays shall have the right, based
on
seniority,
to
claim all available hours in the
store
on
that
day up
to
and including, but
not
to
exceed, eight (8) hours, excluding the meal period. Furthermore, the
provisions pertaining to earlier starting times will
be
applicable
to
Sunday and holiday work. This section shall apply
to
associates
on
the payroll
as
of
December
6,
1986,
(June
1,
1987
in
Drug/GM).
11.8
Claiming
of
Hours and Earlier Starting Times Penalty- A claim for hours
or
early starting times may
be
made
on
the
Employer's time. All claims shall
be
made
in
writing by 3:00p.m. on the Saturday after the schedule
is
posted.
Proven violations
of
available hours and earlier starting time scheduling
to
the final posted
work
schedule shall result in
penalty pay,
if
not
resolved
in
Step 1
of
the Grievance
and
Arbitration Procedure
as
follows: This language does
not
apply
to Drug/GM associates.
Available
Hours-
Time and one-half
(1
X)
the associate's rate
of
pay for the hours involved. This language does
not
apply to
Drug/GM associates.
Earlier Starting
Time-
Time and one-half
(1
X)
for
the hours between the end
of
the earlier shift and the end
of
the
scheduled shift.
This
language does
not
apply
to
Drug/GM associates.
11.9
Scheduling Major Resets-
On
days when reset work
is
scheduled, all store associates, including
Sackers,
will
be
offered
eight
(8)
hour schedules, providing such associates are available for the reset work.
Sackers
scheduled
for
reset work will be
upgraded
to
clerk for the entire week.
13
The Employer will give the Union
two
(2)
weeks notice
of
all resets.
The Employer will notify store associates in advance
of
all resets and will provide a reset sign-up sheet
for
store associates.
If
they
sign
the sheet, they will
be
offered the opportunity
to
increase
their
schedule
to
eight
(8)
hours
on
reset days (if they
are not already scheduled
for
eight (8) hours), and work some or all
of
their
schedule
on
the reset.
The Employer will continue the practice
of
soliciting associates
in
other stores
to
work
in resets with the understanding
that
there will
be
no guarantees
that
they will
be
used.
The Employer will
use
the necessary number
of
vendors
in
any manner
to
supplement store help and complete the reset by
the
end
of
the week, unless a different time frame
is
agreed upon between
the
Union and the Employer.
It
is
understood that
in
stores
that
are remodeled, resets may take longer than one
(1)
week.
In
these
cases,
the Employer
agrees
to
post a sign-up sheet weekly until the reset
is
complete. Associates will sign up weekly for reset work. After
associates who have signed the sign-up sheet have been offered the reset work, vendors may supplement store help
as
needed.
If
the Employer does not comply with the above posting provisions, then the Employer will
be
obligated
to
pay time and
one-half
(1
Y,)
for
all
hours
of
work performed by vendors.
The language in this Article 11.9 does
not
apply
to
Drug/GM associates.
11.10
Split Shifts-
No
associate shall
be
required
or
permitted
to
work
a split shift schedule. A split shift
is
defined
as
two
(2)
work
periods separated by more than the normal lunch period. For any violation
of
this provision, the associate shall
be
paid
as
time
worked between the
two
(2)
work
periods at the applicable rate
of
pay.
11.11
Time Off Between Shifts- Associates shall
not
be
required
to
report
to
work
without
a minimum
of
ten (10) hours between
scheduled shifts.
This
does
not
apply
in
the event
of
an
emergency,
such
as
an
Act
of
God.
11.12
Replacement Hours-
The
Union recognizes the Employer's problem with respect
to
re-scheduling in
cases
of
associate
absenteeism. Accordingly, the parties have agreed upon the following application
of
this
intent
in
such
situations.
When hours (which are on the posted work schedule) become available due
to
absenteeism
of
a scheduled associate(s),
and the Employer elects
to
replace any or all
of
the vacated hours, the Employer will first offer by proper notification and by
seniority the most senior associate(s) already on the schedule and having a
work
shift ending after 6:00p.m., the earlier
desirable schedule
of
hours.
As
a result
of
the above process,
if
hours are still required,
the
store's most senior associate(s) working
less
than eight (8)
hours
on
the day(s) will
be
properly notified by seniority and offered the available hours up
to
and including eight
(8)
hours.
If
shifts for
two
(2)
or more days (which are posted
on
the
work
schedule) become available due to absenteeism
of
a
schedule associate(s), and the Employer elects
to
replace any
or
all
of
the vacated hours, the Employer will offer the hours
to
the most senior associate available.
If
the
most senior available associate cannot
be
reached for the shifts, the next most senior associate will
be
called
and
so
on until the first shift
can
be
replaced. If this process results in a
less
senior associate receiving hours, the Company agrees
to
attempt
to contact the most senior associate available
for
the remaining available shifts
that
the Employer elects
to
replace.
Following proper notification and the associate(s) acceptance
or
rejection
of
the change, the Employer will have the right
to
call in other associate(s)
and/or
increase the hours
of
associate(s) already
on
the schedule in order
to
take care
of
the
Employer's business in the most expeditious manner possible and with a minimum
of
disruption
to
the already planned
schedule. However,
an
associate shall
not
be
obligated
to
stay beyond the period
of
time
it
requires
for
the next senior
associate(s) called in
to
arrive and replace the absent associate.
In
the event no
such
associate
is
available, the least senior
associate working shall
be
required
to
work the necessary
time
to
maintain the efficient operation
of
the store.
When
it
becomes necessary
to
call
in
an
associate from another store, the
work
will
be
offered by seniority
to
those
14
qualified to perform the needed
work
who are
not
on the schedule in
their
store.
When proper notification involves telephone calls,
such
calls shall
be
limited
to
a total
of
fifteen (15) minutes
and
made by:
A.
The
union steward,
if
at
work
B.
The
alternate steward, if
at
work
C.
A clerk member
of
the bargaining unit
The language
in
this Article 11.12 does
not
apply
to
Drug/GM associates.
11.13
Working Beyond Posted Schedule-
If
it
becomes necessary
to
retain associates beyond
their
posted schedule, the least
senior associate(s)
based
on
type
of
work performed shall
be
required
to
remain for
not
more than one (1)
hour
beyond
their
posted schedule provided they are notified
two
(2)
hours prior
to
their
quitting time.
Associates shall retain the right
to
refuse call-in hours and refuse hours beyond the associate's scheduled quitting time,
except
as
provided
for
in Section 11.12 and 11.13.
11.14
Scheduling
Overtime-
Scheduled overtime shall
be
offered by seniority among associates who are
qualified and available
to
do the necessary work within
each
store. Daily overtime, not previously scheduled, shall
be
offered by seniority among associates qualified and available to do the necessary work within the store who are present
when the need for overtime arises.
The language
in
this Article 11.14 does
not
apply to Drug/GM associates.
11.15
For Drug/GM Associates:
The
schedule
for
full-time Drug/GM associates shall
not
be
changed during the workweek, except
in the
case
of
associate's absence
or
emergency beyond the control
of
the Employer.
The
schedule for part-time associates
may
be
changed
by
notification
to
the associate prior
to
his/her leaving home
to
report
to
work
for
his/her scheduled
work
shift. Claims against the work schedule will
be
submitted
in
writing
and
initialed by a member
of
management
or
an
associate
so
designated
by
management prior
to
3:00p.m. Saturday
to
be
a valid grievance.
The
Employer agrees to continue
to
recognize seniority for preferential daily
work
shifts whenever/wherever possible.
11.16
Emergency Conditions-
In
case
an
associate would lose time from
his
schedule
for
a particular week due
to
emergency
caused by riot, civil disorder, fire, flood,
or
other Act
of
God, any arrangement worked
out
between the Union and the
Employer
to
make up
all
or part
of
such lost time shall
be
valid under this Agreement. When work
is
offered under such
arrangement,
he
may accept
such
work
or
reject
it
and lose the time. However, in
case
of
riot
where a store must
be
closed
and the police order the associates
to
vacate the store, any associate who
has
not
completed his schedule for
that
day will
be
paid
for
the balance
of
his
schedule for that day.
ARTICLE 12. HOLIDAY WORK
12.1
Legal
Holidays-
The
following shall
be
recognized
as
holidays: New Year's
Day,
Memorial
Day,
Fourth
of
July, Labor
Day,
Thanksgiving
Day,
and Christmas
Day.
When one
of
these hoi idays falls on a Sunday, the holiday shall
be
celebrated on the
Monday immediately following.
12.2
Personal Holidays-
In
addition
to
the above mentioned holidays, the Monday following the associate's birthday shall
be
a
recognized holiday subject
to
the same conditions set forth above for other holidays.
In
case
this personal holiday falls in
the same week
as
one
of
the above full-time holidays,
it
shall
be
celebrated
on
the Monday following
the
holiday week;
however, where scheduling problems are involved,
the
holiday may
be
scheduled
on
any Monday
or
Saturday within
thirty
(30)
days immediately following the date on which the associate's birthday occurs,
such
day
to
be
mutually agreeable
to
the
Employer and associate.
For
all Drug/GM associates and all food associates who qualify, shall
be
granted
an
additional paid holiday
to
be
the
associate's anniversary date.
Such
holiday shall
be
celebrated during the week in which the associate's anniversary date
occurs except in the
case
of
a holiday week
in
which
it
shall
be
celebrated
in
the first non-holiday week
that
follows.
(In
the
event
that
a substantial number
of
associates have
an
anniversary date
in
the same week
in
a particular store, alternate
15
arrangements may
be
made in which
case
seniority shall prevail
for
choice
of
available dates.)
For
all
meat associates hired before May
8,
2001, will receive one
(1)
additional personal holiday
for
a total
of
three (3).
Full-time Drug/GM associates hired prior
to
June
1,
1987 shall have eight
(8)
hours straight
time
added
to
their
first week
of
vacation pay. Part-time Drug/GM associates hired
prior
to
June
1,
1987 shall have
four
(4)
hours straight
time
added
to
their
first week
of
vacation
pay.
12.3
Holiday
Pay
(Unworked): Full-time Associates-
In
a week in which one
of
the above holidays occur, a full-time associate
who works his scheduled workday before and his scheduled workday after the holiday will receive eight
(8)
hours straight-
time pay
in
addition
to
the hours actually worked. Absence during a holiday week caused
by
illness substantiated by a
doctor's certificate
or
absence approved by the Employer in advance; shall not disqualify the associate for holiday
pay,
provided
he
has
performed some work during the holiday week.
Such
doctor's certificate must
be
presented during the
week
in
which the associate returns
to
work.
It
shall
not
be
mandatory
for
the Employer
to
require a doctor's certificate in
each
and every
case
if
the associate's store
manager
has
knowledge
of
an
illness (where the associate
has
performed some work
in
the holiday week) that,
in
his
opinion, would make the requirement
for
the certificate unnecessary.
Overtime pay
at
time and one-half
(1
Y.)
will
be
paid during a holiday week after
thirty-two
(32) hours actually worked. If a
holiday occurs during a full-time associate's vacation, he
or
she
shall
be
paid one (1) additional day's pay
of
eight (8) hours
at straight-time
in
addition to the vacation
pay.
12.4
Holiday
Pay
(Unworkedl Part-Time Associates-
A part-time associate
who
has
worked in twelve (12) weeks
or
more shall
be
entitled
to
holiday pay
for
the holiday set forth
in
Article 12, Section 12.1, 12.3, and 12.4 provided they were scheduled
for
work
in
the holiday week and worked
their
scheduled hours
in
the holiday week. Associates who are absent
of
their own
accord during a holiday week shall
be
paid only
for
the hours actually worked, except where absence
is
caused by proven
illness
or
is
excused by the Employer, the associate shall receive holiday pay provided
he
worked any part
of
the hoi iday
week.
It
shall
not
be
mandatory
for
the Employer
to
require a doctor's certificate
in
each
and every
case
if
the associate's store
manager
has
knowledge
of
an
illness (where the associate
has
performed some work in the holiday week) that, in
his
opinion, would make the requirement
for
the certificate unnecessary.
Holiday pay shall
be
figured
on
the average hours worked
for
the
four
(4) consecutive weeks immediately preceding the
holiday week on the following
basis:
Average Hours Worked
20
or
less
Over 20 hours
to
and
including
30
hours
Over 30 hours
to
and including
32
hours
Over
32
hours
Holiday
Pay
2 hours
4 hours
6 hours
8 hours
12.5
Holiday Work
Week-
In
any calendar week in which one
of
the holidays mentioned in Article 12, Sections 12.1 and 12.2
occurs, the basic straight-time workweek for full-time associates shall consist
of
thirty-two
(32) hours
to
be
worked
in
four
(4)
days,
not
necessarily consecutive, exclusive
of
the holiday.
In
such
holiday weeks, all
work
in
excess
of
thirty-two
(32)
hours
or
work
on the fifth (5th) day, exclusive
of
the holiday, shall
be
paid
for
at
time
and
one-half
(1
Y,)
the associate's
regular hourly rate.
All hours worked
in
excess
of
forty
(40) hours will
be
paid at time and one half
(1
Y,).
Holiday pay shall
not
be
considered
time worked. This shall apply to part-time associates, and
to
full-time associates upon mutual agreement*.
12.6
Christmas
Eve-
No
associate shall
be
required
to
work
after 6:00p.m.
on
Christmas
Eve.
16
ARTICLE
13.
VACATIONS
13.1
Vacation Schedule- Associates will
be
entitled
to
vacation pay based upon the following schedule:
Years
of
Continuous Service
1 year
3 years
7 years
14 years
18 years
25 years
Weeks
of
Vacation
1 week
2 weeks
3 weeks
4 weeks
5 weeks
6 weeks
13.2
Eligibility
For
Vacation-
Eligibility
for
an
associate's first vacation (one week)
and
for
any increase in vacation will
be
determined
by
their anniversary date. Arrangements must
be
made
to
permit associates
to
enjoy
such
earned vacations
between the actual anniversary date
and
the end
of
the year
in
which
it
occurs. Where necessary, vacations due
in
the
11th
and
1ih
periods may
be
carried over to the
13th
period
of
next year.
Associates who completed the required service prior to January 1st
of
any year are eligible for vacations
as
of
that date.
After
an
associate
has
qualified for the amount
of
vacations
as
stipulated
in
Section 13.1 above,
they
automatically qualify
for
that amount
of
vacations
as
of
January 1st
of
each
year, provided the associate
has
worked one scheduled work day up
to
eight
(8)
hours
that
year with the exception
of
associates eligible
for
the retirement bonus outlined
in
Article 13.9.
Lay-off Status- Associates who are on lay-off
or
leave
of
absence
at
the end
of
a calendar
or
anniversary year will not
be
entitled
to
vacation and vacation pay
for
service
for
said
year until
their
return
to
work. Their vacation will
be
subject
to
the
reductions outlined under Section 13.6.
The qualifying date for all vacation purposes
of
any part-time associate who, subsequently and
without
a break
in
his
employment, qualifies
as
full-time associate
as
defined in Article
15
of
this Agreement shall
be
the date from which
his
service
has
been counted
for
part-time vacation purposes rather than the date he qualified
as
full-time associate.
13.3 Computation
of
Vacation
Pay-
The
weekly rate
of
pay
for
vacation purposes will
be
determined
as
follows:
(a)
Full-time associates who worked
on
a full-time,
forty
(40)
hour
basis
in at least
forty
(40) weeks,
or
who were
not
laid
off
for
more than
thirty
(30)
working days during the anniversary or calendar year in which
their
vacations
were earned, will
be
paid
their
current straight-time hourly rate for their regularly scheduled
work
week.
In
determining
if
an
associate
has
worked forty (40)
or
more weeks
on
a full-time
basis,
weeks not worked because
of
paid vacations, approved leaves
of
absence (including sick leave), and weeks in which only
thirty-two
(32)
hours
were worked because
of
holidays are
to
be
counted
as
weeks
so
worked.
(b)
The
weekly pay
of
a full-time associate who worked
on
a full-time (40 hour)
basis
in
fewer
than
forty
(40) weeks,
or
who
was
laid
off
for more than
thirty
(30) working days in the year, will
be
computed at his current straight-time
hourly rate for the average number
of
hours worked per week during the anniversary
or
calendar year in which the
vacation
was
earned.
To
determine the average number
of
hours worked per week, divide the total hours worked
during this anniversary
or
calendar year
by
the number
of
weeks in the year; exclude from this divisor the weeks
off
the job because
of
paid vacation, sick leave,
or
other
authorized leave
of
absence.
(c)
A part-time associate will
be
entitled
to
vacation under the same general rules
as
for full-time associates
and
part-
time vacation will
be
figured
on
the number
of
hours worked in the vacation year
in
which the vacations is earned,
divided by
fifty-two
(52).
Vacation pay will
be
paid with the associate's last paycheck prior
to
the vacation week.
13.4 Vacation
Scheduling-
Choice
of
vacation dates will
be
granted on the
basis
of
seniority, except
that
the Employer reserves the
right to grant vacations
to
any associate when absence will least affect the operation.
17
The
Employer will post a vacation schedule
in
each store effective December 1
of
each
year.
The
associates will exercise
their preference
by
February 1
of
each
year. A complete vacation schedule shall
be
posted in
each
store within fifteen (15)
days.
Vacation dates for associates indicating
their
preference will
be
scheduled by the Employer. Once finalized, no
associate will
be
permitted to change
his
vacation at the expense
of
another associate's scheduled vacation. Associates will
be
allowed
to
take a maximum
of
three (3) consecutive weeks vacation during the summer
if
so
eligible, provided further,
that
the Employer will recognize additional consecutive weeks during the summer vacation period when associate(s)
can
verify additional consecutive weeks are required.
Vacations must
be
taken during the calendar year, unless, due to
an
emergency, the management finds
it
necessary
to
request postponement.
No
associate shall
be
permitted to take pay
in
lieu
of
vacation.
Associates may take vacations beginning in the middle
of
the week and ending
in
the middle
of
the following week.
Associates with four
(4)
or
more weeks
of
vacation may elect
to
schedule one
(1)
week
of
vacation a day
at
a time.
Associates must notify the store manager
of
their
desire
to
schedule this week
of
vacation days at the time
of
vacation
selection.
The
individual days will
be
scheduled by mutual agreement
to
be
taken Monday through Thursday
by
October
31st
of
each
year. Unused days
as
of
October
31
will
be
scheduled at the discretion
of
the Employer, which will
be
done
by
year-end.
Any associate who
is
eligible for at least four
(4)
weeks
of
vacation
or
more may "sell" vacation weeks
as
follows: Associates
eligible
for
four
(4)
weeks vacation may sell one (1) week vacation. Associates eligible
for
five
(5)
weeks and
six
(6) weeks
of
vacation may sell up
to
two
(2)
weeks vacation.
The
"selling"
of
vacation weeks shall
be
at
the associate's option only and
must
be
submitted
to
store management when vacation selections are due
as
of
February 1st
of
each
year.
13.5
Holiday Occurring During Vacation-
If
one
of
the holidays set forth in Article
12,
Sections 12.1 and 12.2 occurs during any
week
of
an
associate's vacation, they shall receive holiday pay, at straight time rate
of
pay,
as
set forth in Article
12
of
this
Agreement, in addition
to
their
vacation pay
for
such
week.
13.6 Effects
of
Leaves
On
Vacation Pay-
Leaves
totaling ninety (90) days or
less
in any calendar year shall not affect vacation earned
in
that
year.
Leaves
totaling more than ninety (90) days
but
not
over 180 days shall reduce vacation and vacation pay
by
one-fourth (1/4).
Leaves
totaling more than 180 days
but
not over 270 days shall reduce vacation
and
vacation pay
by
one-
half (1/2).
Leaves
totaling more than 270 days shall disqualify
for
vacation. (The above ninety (90) days shall become one
hundred and
twenty
(120) days
in
the event
of
leaves
of
absence due
to
illness, on-the-job injury, or pregnancy). Associates
will
be
scheduled the number
of
weeks vacation earned by
their
Company length
of
service at reduced pay. Associates may
reduce
their
vacation time
so
that
they do
not
suffer a reduction
of
their
weekly pay with the agreement
of
the Store
Manager.
13.7 Vacation for Associates Returning From Military Leave- Vacations for associates
with
one year or more
of
continuous service
as
a full-time associate who return
to
Kroger employment from military leave within ninety (90) days after discharge from the
Armed Services, shall be
as
follows:
(a)
Continuous service
as
a full-time associate includes time
on
military leave
of
absence.
(b)
Those who return
to
Kroger service and thereafter work
for
ninety (90) days
or
more before the end
of
the year
are eligible
for
vacation in
that
year
based
on
their
length
of
continuous service
as
defined above.
(c)
Those who do not return early enough in the year
to
be
employed ninety (90) days are
not
eligible
for
a vacation
that
year,
but
are eligible for a vacation
in
the next calendar year upon completing ninety (90) days
of
employment
following
their
return from military leave
of
absence.
13.8 Effects
of
Separations-
If
an
associate who
has
not
taken the vacation which he
has
earned by reason
of
his
service leaves
(regardless
of
whether
he
gives notice), goes
into
military service
or
is
separated for any reason other than confessed
or
proven dishonesty, shall receive his vacation pay at the time
of
leaving.
18
13.9 Retirement Bonus- Associates with
twenty
(20)
or
more years
of
continuous service who are eligible
to
retire will receive a
retirement bonus. This bonus will
not
count
as
time worked; no other contractual obligations will apply
to
this bonus.
This bonus will
be
calculated
as
follows: the number
of
vacation weeks
as
determined
by
years
of
service divided
by
52,
times the number
of
weeks worked in the retirement year, equal the number
of
weeks
of
this bonus.
The
weekly payment
is
equal to the current hourly rate, times the average hours per week (not
to
exceed 40 hours)
in
the retirement year.
ARTICLE
14.
NIGHT
STOCK
CREW
PROVISIONS
14.1
A night shift associate shall
be
defined
as
any associate who
is
scheduled
in
a manner which requires the night shift hourly
premium specified in Article
9,
Section 9.3
of
this Agreement.
14.2
Transfers
to
Day
Shift-
Night shift associates with one
(1)
year
or
more
of
service
as
a night shift associate, who certify
in
writing
of
their
desire
for
day shift work, will
be
assigned
such
work
within
their
store
on
the
basis
of
seniority,
but
not
to
exceed one (1)
such
associate
each
ninety
(90)
days. Associate(s) within the store may volunteer to fill the vacancy
by
seniority. However,
if
associate(s) do
not
volunteer
for
such
vacancy, then the least senior full-time associate including
Status 3 associates within
their
respective classification within the store may then
be
assigned
to
fill the vacancy
on
the
night shift.
14.3
The Employer will appoint a
Head
Night Stock
Lead
Clerk (where the Head Grocery Clerk
is
not
working with the night stock
crew.)
14.4
Other Provisions-
Night shift associates will
be
allowed to leave the store during
the
meal period.
ARTICLE
15.
SENIORITY
15.1
Application -
In
layoffs, recalls, transfers, scheduling and the reduction
of
hours, the principle
of
seniority shall apply.
Promotions will
be
based primarily on seniority and ability, but when ability
is
reasonably equal, the associate having the
greatest seniority shall receive preference.
Based
on
all factors, the Employer will exercise final judgment
on
promotions.
This shall not preclude the Union from questioning through the Grievance and Arbitration Procedure whether
or
not
the
Employer
has
given due regard to seniority.
Associates promoted shall
be
given up
to
a ninety (90) day but
not
less
than
thirty
(30) day break-in period to familiarize
themselves with the job duties
by
which time the associates will
be
required
to
perform the
job
at a satisfactory level. If,
for justifiable reasons, the Employer thinks
an
associate cannot perform the job
at
a satisfactory level, the associate shall
be
returned to his or her original classification.
In
the
matter
of
promotions
or
transfers from one type
of
work
to
the other,
or
from one store
to
another, the Employer
will consider seniority
in
conjunction with ability and practicability.
No
department head will
be
transferred unless
they
are
given one
(1)
week's notice.
15.2
Determination-
For
the purpose
of
layoffs, recalls, transfers, scheduling, promotions, and the reduction
of
hours, the Union
#1 seniority date shall apply.
The
Union
#I
seniority date shall
be
determined
as
follows:
(a)
For
full-time associates, the Union
#1
seniority date shall
be
determined
as
the first day worked
in
the twelve (12)
qualifying weeks
(BDCS
date).
For
full-time meat group associates prior
to
May
8,
2001, the Union
#1
seniority
date shall
be
determined
on
length
of
service.
(b)
For part-time associates, the Union
#1
date shall
be
their most recent date
of
hire. Effective May
8,
2001
for
food
associates, and effective November
15,
2005
for
Drug/GM associates, a part-time associate who qualifies
for
full-
time shall have
their
seniority date
as
a full-time associate determined
on
the
basis
of
one (1) week's credit
for
each
two
(2)
weeks
of
part-time work. The Union
#1
seniority date
in
this
case
will
be
this adjusted date.
(c)
For grocery group associates hired prior
to
March 25, 1996, if
two
(2)
or
more associates have the
same
hire date
and/or
Union
#1
date, seniority will
be
decided
by
alphabet
of
the last name. When the last name
is
the same, it
19
will revert
to
the first name.
For
associates hired after March
25,
1996,
if
two
(2)
or
more associates have the
same
seniority date,
the
associate having the lowest social security number shall
be
considered
to
have the
greatest amount
of
seniority. This Paragraph shall apply to Drug/GM associates hired after June 12, 2000.
Established seniority dates
for
Drug/GM associates hired prior
to
June
12,
2000 (initial
of
the last name) shall stay
the same, provided they remain
in
their
seniority group.
(d)
In
the event the Employer transfers
an
associate from any other store
or
unit
which
is
not
covered
by
this
bargaining unit, such associate's Union #1 seniority date shall
be
their
date
of
entering this bargaining unit for the
purposes
of
layoffs, recalls, transfers, promotions, the scheduling
of
hours which shall include Sunday and holiday
work.
(e)
Eligibility
for
holidays
as
provided in Article 12, and vacations
as
provided
in
Article 13, or any other benefits
as
provided for in this Agreement, shall
be
based upon the associate's length
of
employment with the Employer.
(f)
For
food associates hired
on
or
before December 11, 1989,
if
a transfer
is
mutually agreeable to
an
associate and
store manager, either from one seniority group (grocery/meat)
to
another, between entry level positions
in
the
grocery seniority group (such
as
sacker, floral attendant, demonstrator, and salad bar) the associate's seniority
date shall
be
the date
of
transfer.
The
associate's original date
of
hire, however, shall prevail for all other matters
such
as
earned vacation, holidays
and
total Employer service. However, any meat associate transferring within the
meat seniority group after May
8,
2001 retains
their
seniority and bakery clerks transferring
to
the grocery clerk
will retain all seniority.
(g)
Any food associate hired after December 11, 1989, and any Drug/GM associate, upon mutual agreement* between
the associate and management, may
be
transferred between seniority groups covered by this Agreement
and
retain
all
seniority. Any
such
transfer would
be
subject
to
thirty
(30) day "trial period" and could
be
rescinded by
either associate
or
the Employer during
that
time. Any associate interested in transferring to another seniority
group,
as
outlined in this Section, should make
such
desire known in
writing
to
the store manager with a copy
to
the Union steward.
In
order to provide customer service in
an
extreme situation, the Employer may utilize any
such
associates
to
work
in
any other department. The Employer recognizes
that
all hours must
be
maximized
within a department before exercising this option.
(h)
Probationary associates shall have no seniority rights except among
other
probationary associates during
such
probationary period, and upon successful completion
of
said probationary period,
their
seniority and seniority
rights shall refer
to
their
initial date
of
employment; however, all probationary associates shall
be
entitled to all
other terms and provisions
of
the Agreement, unless otherwise exempted herein.
(i)
There shall
be
three (3) separate seniority groups
as
follows:
Group
A-
Meat
Departments: Meat, Deli/Bakery, Seafood/Customer Service
Classifications:
Meat
Seafood/Service Meat
Deli/Bakery
Group
B-
Grocery
Meat Department Manager, Assistant Meat Department Manager, Journeyman, Meat Clerk
Lead
Seafood Clerk, Seafood/Customer Service Attendant
Department
Head,
Assistant Department Head,
Lead
Baker, Cheesemaster,
Lead
Coffee,
Deli/Bakery Clerk, Coffee Shop Clerk,
Line
Cook
Departments: Grocery, Dairy, Frozen Food, Produce, Front-end, Demonstrator
Classifications:
Grocery
Dairy
Frozen
Food
Produce
Department Head, Night
Lead
Clerk, Backdoor Receiver, Clerk,
Fuel
Center Clerk
Department
Head,
Clerk
Department Head, Clerk
Department Head, Assistant Department Head, Clerk,
Lead
Floral Attendant, Floral Attendant,
20
Lead
Salad
Clerk,
Salad
Bar
Clerk
Front-end
Demonstrator
Department Head, Assistant Department Head, File Maintenance Clerk, Clerk, Sacker/Carryout
Demonstrator
Group
C-
Drug/GM
Departments: Cosmetics, Drug/GM, One-Hour Photo
Classifications:
Cosmetician
I,
Cosmetician
II
Cosmetics
Drug/GM
One-Hour Photo
Head
Drug/GM Clerk, Assistant
Head
Drug/GM Clerk, Drug/GM Clerk
Photo
Lab
Clerk
Seniority shall
be
exercised by associates listed in Groups
A,
B,
and C above
as
follows:
Full-time, Part-time within the store
Within the respective seniority area
Adjoining seniority area within the same zone
The
store in the zone closest
to
the associate's residence
Union jurisdiction covered by this Agreement
Seniority
zones
will
be
set forth
in
Appendix "C" attached
15.3
Limited Associates-
Meat
Department
Only-
Associates
who
limit
their
availability due
to
other employment
and/or
for
personal reasons shall have no seniority over any full-time
or
part-time associate
but
only among themselves in the same
store for the purpose
of
claiming available hours/earlier starting times. If the aforementioned associates have a change
in
availability, then
said
availability shall
be
certified in writing
to
the store manager with a copy
to
the Union. Once limited
associates are available
for
all
hours,
their
seniority date shall revert back
to
date
of
hire.
15.4
Department
Head
Seniority-
Department Head, Assistant Department Head, and
Lead
Clerk seniority shall
be
on
the same
basis
as
clerk classification, except
that
Department
Heads
and Assistant Department
Heads
shall have separate seniority,
based
on
length
of
service
as
a Department
Head
or
Assistant Department
Head
within the classification, except
for
Sunday
and holiday work.
If
a Department
Head
or
Assistant Department
Head
voluntarily reduces himself
in
the classification,
he
shall have the
option
to
remain in the same store
or
be
transferred to another store.
Such
store shall
be
mutually agreeable
to
the
associate and Store Manager/Zone Manager.
Such
transfer shall
be
finalized within sixty
(60)
days
of
the reduction
in
classification. Any Department
Head
or
Assistant Department
Head
who elects to voluntarily reduce himself
in
the
classification shall submit a
written
statement
to
that effect
to
the Human Resource Department
of
the Employer.
Such
statement shall
be
signed and dated by the associate, the Store Manager/Zone Manager and Union Steward
of
the store.
The Human Resource Department shall send a copy
of
such
statement
to
the Union office.
When a Department Head
is
reduced in classification, his service
as
a Department
Head
will
be
considered
as
a clerk
for
seniority purposes.
15.5
Department Head. Assistant Department
Head
and
Lead
Clerk Vacancies-
If
a vacancy occurs
in
a department head,
assistant department head
or
lead clerk classification
not
resulting from vacation, leave
of
absence, etc.,
it
shall
be
filled
within
thirty
(30) days after the vacancy occurs.
If the coffee shop
closes,
the coffee shop associates have the right
to
transfer
to
the Deli/Bakery and will keep their
seniority date.
15.6
Promotions- When a position within the Clerk classification becomes available within the individual store,
such
position will
be
offered by seniority
to
the associates in the combined classifications (Sacker/Carryout, Demonstrators,
Salad
Bar
Attendants, and Floral Shop Attendants, Drug/GM) within
the
store. This provision shall
not
preclude
an
associate within
the aforementioned classification from refusing
such
promotion. However, any associate
in
the aforementioned
21
classifications who does
not
qualify
or
fails cashier training within
thirty
(30)
days after promotion shall revert to the
previous classification and seniority date and shall
notre-qualify
for promotion
to
an
available opening in the Clerk
classification until
six
(6) months have elapsed. Associates refusing
such
promotion shall effectuate a statement that
such
position
was
offered to them by seniority and refused, and
such
statement shall
be
signed
by
the associate, the Union
steward
and
store manager
on
the date
such
associate refused the promotion
to
the Clerk classification. However,
in
the
event a Clerk
is
reduced
to
one
of
the aforementioned classifications, his/her seniority date shall
be
the date
of
hire with
the Employer.
Any sacker/carryout, demonstrator, salad bar attendant, or floral shop attendant associate promoted
to
the grocery group
clerk classification, may subsequently request
to
voluntarily reduce himself
to
his previous classification. Associates wishing
to
exercise this option shall present
their
request in writing to the store manager.
Such
request shall
be
signed by the store
manager, associate, and Union steward.
Such
associates shall
be
reduced
on
the next posted work schedule following
Saturday
of
the week
in
which the request
was
made. These associates shall revert
to
their
previous Union
#1
date,
in
their
previous classification for scheduling purposes and shall
be
paid the applicable rate based on their length
of
service
in
their
previous classification. Any associate who exercised this option shall
not
qualify
for
promotion
to
the grocery group clerk
classification until
six
(6)
months have elapsed.
Effective May
8,
2001, associates in the sacker/carryout, floral attendant, salad bar clerk, and demonstrator classifications
who are promoted
to
the clerk
or
Drug/GM classification, will
be
inserted
on
the part-time seniority list based upon date
of
hire for the purpose
of
layoffs, recalls, transfers, claiming available hours, earlier starting times, which also includes Sunday
and holiday hours and
all
other terms
of
the Agreement.
15.7
Termination-
Seniority shall
be
considered broken
if
an
associate
is
duly discharged
by
the Employer,
if
they voluntarily
quit,
if
they
has
been laid
off
continuously
for
a period
of
more than one year,
if
they fail
to
notify
the Employer within ten
(10) days
of
recall that they will return to work,
or
if they fail
to
return
to
work
after recall from a lay
off
within ten (
10)
days
of
the date
of
issuance
of
notification to recall by certified mail
to
the last known address
of
the associate,
if
they fail
to
return
to
work
in
accordance with a leave
of
absence provided herein.
15.8
Promotion
to
Non-Bargaining Unit
Position-
Seniority rights
of
an
associate within the bargaining
unit
shall
be
protected
for
a period
not
to
exceed one year
in
the event
of
a promotion
to
a non-bargaining
unit
position. The Union shall
be
notified when
such
promotions occur. If returned to the bargaining
unit
with one year, the associate shall return to
their
previous
job
classification in accordance with
their
seniority.
15.9
A Union steward
in
the grocery group and Drug/GM group, regardless
of
their
date
of
employment, shall have seniority,
except
for
earlier starting times, over all
other
associates within their classification within the store in which they work, and
accordingly, shall
be
the last associate to
be
reduced in hours and/or laid
off
and shall have the right
to
claim all available
hours over
all
other associates within
their
classification within the store in which they work, excluding
all
department
heads, assistant department head, lead classifications
or
head night lead clerk.
It
is
further understood
that
alternate Union
steward(s) shall
not
have superseniority. The Union steward may act for the Union
in
signing up associates
for
Union
membership and in explaining the functions
of
the Union
to
associates.
15.10
Reduction
of
Hours- A full-time associate regularly working thirty-six (36) hours
or
more during the basic work week, and
who averages
less
than thirty-six (36) hours
for
more than
four
(4)
weeks shall have the option to transfer and displace,
considering the type
of
work, the least senior full-time associate
in
their
seniority area who
is
working the largest number
of
hours per week more than the hours per week
to
which they are reduced, up
to
and including
forty
(40) hours.
If
the least senior full-time associate in the seniority area
is
working a lesser amount
of
hours than the full-time associate
who
has
been reduced, then
that
reduced full-time associate
has
the option
to
transfer and displace, considering the type
of
work, the least senior full-time associate working the largest amount
of
hours per week up
to
and including forty (40)
hours
in
the adjoining seniority area. If the least senior full-time associate in the adjoining seniority area
is
working a lesser
amount
of
hours than the full-time associate who
has
been reduced, then
that
reduced full-time associate
has
the option to
transfer and displace the least senior associate working the largest amount
of
hours per week up
to
and including forty (40)
hours in the zone closest
to
the associate's residence.
If the least senior full-time associate in the zone closest to the associate's residence
is
working a lesser amount
of
hours
than the full-time associate who
has
been reduced, then
that
reduced full-time associate
has
the option to transfer and
22
displace the least senior full-time associate working the largest amount
of
hours per week up
to
and including
forty
(40)
hours
in
the
Local
Union's jurisdiction. The associate
who
is
finally displaced may claim all available hours in their store.
23
"Regularly working" shall
be
defined
as
the
four
(4) week average immediately preceding the
four
(4)
weeks
of
reduced
hours.
For
example:
Regular!~
Working Weeks
Reduced Weeks
Week 1
38
hours
WeekS
38
hours
Week2
37.5 hours
Week6
24 hours
Week3
39
hours
Week7
30
hours
Week4
36.75 hours
Week8
32
hours
Average hours: 37.81 hours
Average hours:
31
hours
In
the above example, weeks
(1)
through
(4)
determine the average hours regularly worked, and weeks
(5)
through
(8)
determine the average hours reduction.
Before exercising their rights under this provision, the associate must exercise all available hours in their store, except
associates will
not
be
required
to
claim hours between 12:00 midnight and 6:00a.m.
to
fulfill the "all available hours"
criteria.
A full-time associate eligible for transfer
as
provided above must request
such
transfer
in
writing
to
the store manager with
a copy to the Union steward no later than the end
of
the week
in
which the schedule
for
the fourth week
of
reduced hours
is
posted.
The
Employer will arrange the transfer at the beginning
of
the week following the fourth week
of
reduced hours.
The
associate must complete the transfer on the date scheduled by the Employer
or
forfeit all rights
to
transfer.
Associates regularly working
thirty-two
(32) hours who are reduced
to
an
average
of
less
than
thirty-two
(32) hours
for
more than
four
(4)
weeks shall
be
eligible to follow the same procedures
as
outlined in paragraphs 1 through
6.
Any associate who does
not
elect to exercise
their
seniority to transfer
as
a result
of
reduction
of
hours,
as
outlined above,
will
be
given one additional opportunity
to
request a transfer. This transfer must
be
exercised within ten (10) days
of
March
1,
June
1,
or October 1
of
the year
in
which the original transfer was requested.
When
an
associate exercises this option, the transfer shall take effect
on
the next posted
work
schedule following
such
request.
15.11
Any associate with three (3) months or more
of
seniority, whose hours are reduced during the basic work week
to
less
than
sixteen (16) hours within
their
basic work week, through no fault
of
their
own, shall have the opportunity
to
transfer and
displace the least senior associate on the same basis
as
specified in Section 15.10
of
this Article, pertaining
to
full-time
associates, provided the associate exercises this opportunity
in
writing to the store manager with a copy to the Union
steward not later than Monday immediately following a reduction
in
hours,
as
specified above.
The
Employer will arrange
the transfer at the beginning
of
the next week after the request.
The
associate must complete the transfer
on
the date
scheduled by the Employer or
forfeit
all
rights to the transfer.
15.12
Store Closings-
In
the event
of
store closing, Department Heads and Assistant Department
Heads
shall
be
eligible to
transfer and displace (on the
basis
of
seniority
as
a Department
Head
or
Assistant Department Head) the least senior
Department
Head
or Assistant Department
Head
in the same classification and volume bracket
in
another store within first,
his
seniority area; second, adjoining seniority area
in
his Zone; third, volume bracket store in the Zone closest
to
his
residence; and fourth, the volume bracket store within the bargaining unit.
In
the event
that
the Department
Head
or
Assistant Department
Head
in
the closing store
is
the least senior
in
the
classification and volume bracket,
he
shall
be
eligible to transfer and displace the least senior Department Head
or
Assistant
Department
Head
in the same classification in the next
lower
volume bracket.
Department Heads and Assistant Department Heads who are displaced,
as
a result
of
the above process, shall
be
eligible
to
transfer and displace
the
least senior Department Head
or
Assistant Department
Head
in the same classification
in
the next
lowest volume bracket until the least senior Department Head
or
Assistant Department
Head
is
reduced
to
a Clerk
classification.
24
As
an
alternative
to
the
above, a Department Head
with
seniority
in
a closing store may elect
to
displace
the
least senior
Department
Head in
the
lowest
Department
Head classification
in
the
seniority area
and/or
adjoining seniority area,
as
determined
by rate
of
pay
in
which he was previously a
Department
Head and shall retain first
option
to
return
to
this
original classification, based
on
volume brackets
when
such opening becomes available.
In
this event,
the
displaced
Department Head may exercise
the
option
to
transfer,
as
specified above.
Department
Heads
or
Assistant Department Heads eligible
for
transfer,
as
provided above,
must
request a transfer
in
writing
to
the
Zone Manager
with
a copy
to
the
Union
within
five (5) days. The Employer will arrange
the
transfer no
later
than
the
second week
after
the
request by
the
eligible associate
is
made
with
no loss in pay
until
the
transfer
is
completed,
and
the
associate
must
complete
the
transfer on
the
date scheduled by
the
Employer
or
forfeit
all rights
to
the
transfer.
If
the
Company
permanently
closes
the
Eaton store,
the
Company will
offer
positions
at
other
Cincinnati/ Dayton KMA
stores
to
the
employees affected
by
the
closing (B-1
in
the
current
Cincinnati Bargaining
Agreement
Seniority Area and G-2
in
the
current Dayton Bargaining Agreement Seniority Area).
15.13
New Store
Openings-
When a store
is
opened
under
this Agreement, a notice
of
such openings
will
be posted
approximately six (6) weeks
prior
to
the
opening
of
the
new
store
in
the
existing stores
within
the
Zone. Those Clerks and
Sacker/Carryout associates wishing
to
transfer
to
the
new
store will sign
the
notice providing all necessary
information
within
seven (7) days. Available
job
openings will be filled
from
such associate requests on
the
basis
of
seniority,
job
classification and
type
of
work
performed.
When a store
or
stores are closed in conjunction
with
the
opening
of
the
new
store, such Clerks and Sacker/Carryout
associates will be transferred
to
the
new
store before associates
from
other
stores are transferred. Additional available
job
openings will then be filled on
the
basis provided
for
above before
the
Employer hires
new
associates.
The Employer, however, reserves
the
right
to
determine
the
number
of
part-time
and
the
number
of
full-time
associates
to
be transferred
as
well
as
the
right
to
restrict a reasonable
number
of
associates transferring
from
any one store.
The above provision does
not
apply
to
Department
Heads, Assistant
Department
Heads, and
Lead
Clerks.
15.14
Seniority Lists- Seniority lists shall be established and maintained and such lists shall be available
to
the
Union
at
all times.
Each
three
(3) months on February
1,
May
1,
August
1,
and November 1
of
each year,
the
Employer agrees
to
send
to
the
Union office
two
(2) copies
of
a list
of
associates
by
store, specifying
job
classification, rate
of
pay, and
seniority
status. The
Employer also agrees
to
notify
the
Union
of
layoffs, leaves
of
absence,
permanent
transfers, promotions, and
terminations
on a weekly basis.
15.15
Definition
of
Full-time-
The
term
"full-time
associate"
whenever
it
appears
in
this
Agreement
shall
refer
to
the
Employer's
definition
of
a
"full-time
associate"
as
follows:
(a)
An associate shall be classified
as
a
"full-time"
associate
at
the
end
of
the
first twelve (12) consecutive workweeks
during which his average hours worked equal
or
exceed
thirty-four
(34) hours in
the
basic
workweek
for
his
classification. This language shall apply only
to
those associates
who
are excluded
from
the
ratio.
Example:
In
a store
with
a basic
forty
(40)
hour
workweek, an associate worked
thirty-four
(34) hours
in
twelve
(12)
consecutive weeks,
an
average
of
thirty-four
(34) hours, eighty-five percent (85%)
of
the
basic workweek. This person
qualifies
as
a
full-time
associate.
(b)
Time
not
worked because
of
a holiday shall be counted
as
time
worked
toward
qualification
or
continuity
as
a full-
time
associate, regardless
of
whether
or
not
the
associate
is
entitled
to
holiday pay.
(c)
For
an
associate
who
meets
the
aforesaid requirements, continuous service
as
a
full-time
associate shall be dated
back
to
the
first
day worked in
the
first
of
the
twelve
(12) qualifying weeks.
(d)
Once
an
individual has qualified
as
a
full-time
associate, he shall be removed
from
full-time
status only:
25
1.
If
he
is
discharged.
2.
If
he
quits voluntarily,
or
becomes unavailable for full-time
work
because
of
another job.
3.
If
he
is
permanently laid
off
due
to
elimination
of
job.
4.
If
he
voluntarily makes himself unavailable
to
work at least eighty-five percent
(85%)
of
the full basic workweek
for
his
store,
such
voluntary reduction shall
be
in writing
to
the Human Resource Department with a copy
to
the
Union, and the associate's seniority shall
be
dated from the original date
of
hire or the date the associate enters
the bargaining unit.
5.
Once
an
associate
has
qualified
as
a "full-time" associate, the associate shall be removed from "full-time" status
if
the associate
has
been reduced
to
part-time at the associate's voluntary
written
request the week following
request for demotion
to
part-time status, and the associate's seniority shall
be
dated from the original date of hire
or
the date the associate enters the bargaining unit, or
an
associate involuntarily reduced
to
less
than twenty (20)
hours
for
twenty-six (26) consecutive weeks.
6.
Effective upon July 27, 1980,
all
meat and grocery associates other than those presently classified
as
full-time who
are involuntarily reduced
to
an
average
of
less
than twenty-eight (28) hours for twelve (12) weeks, shall
be
removed from full-time to part-time status and the associate's seniority shall
be
dated from the original date
of
hire or the date the associate enters the bargaining unit.
Note:
In
determining
if
an
associate
has
worked
less
than
twenty
(20) hours
for
twenty-six (26) weeks or averaged
less
than twenty-eight (28) hours
for
twelve (12) weeks (subparagraph
6)
do
not
count those periods in which the associate
was
absent for
two
(2)
or
more weeks because
of
sickness
or
approved leave.
(e)
If separated from full-time status
in
accordance with paragraph D preceding,
an
associate
has
suffered a break in
service, which cannot
be
bridged
or
eliminated by subsequent employment.
To
qualify
as
a full-time associate,
he
must again meet the requirements set forth in paragraph
(a).
(f)
Definition
of
Full-Time Associate Status 3
-The
term "full-time associate status 3", wherever
it
appears in this
Agreement only, shall
be
as
follows,
an
associate that averages
thirty-four
(34) hours in twelve (12) consecutive
weeks in a basic workweek. These associates must
be
available to
work
any and
all
hours up
to
forty
(40). After
qualifying for full-time status
3,
if
an
associate limits their availability, they will
be
returned
to
part-time status and
part-time pay by the next posted work schedule. While a full-time status 3 associate, the associate will not have
full-time dependent benefits.
(g)
Definition
of
Status
4-
Any associate classified
as
part-time status
4
is
an
associate who limits their availability
on
a
regular
basis.
Status
4
associate's seniority date will
be
their
most recent date
of
hire. They will not have seniority
over any full-time associate. Status
4
associates includes associates in all classifications.
ARTICLE
16.
LEAVES
OF
ABSENCE
16.1
Sick
Leave-
Associates will be granted a leave
of
absence
not
to exceed ninety (90) days,
for
sickness, accident, or
pregnancy upon
written
request supported
by
medical evidence
of
the need
for
a leave
of
absence
if
applied for within
two
(2)
weeks after the date
of
said sickness
or
accident (and
for
pregnancy,
two
(2) weeks prior
to
the commencement
of
such
leave)
by
written
request
to
the Division Human Resource Manager. Additional ninety
(90)
day leaves of absence will
be
granted upon written request supported by medical evidence for
such
need up
to
but
not
exceeding three
(3)
years.
Associates
on
such
leave will
not
be
considered
to
have
time
worked
for
the purpose
of
wage increases.
Upon notice
to
the Employer
of
availability
for
work
following absence because
of
bona-fide sickness, accident
or
pregnancy, the associate shall be restored
to
the job previously held (seniority permitting) and shall begin work
not
later
than Monday following the next posted
work
schedule.
The
notice
to
the Employer must
be
accompanied by a doctor's
release and must
be
given
to
store management before 12:00 noon
on
Wednesday. The associate shall be made whole by
the Employer for any
loss
in
pay caused
by
non-compliance
to
this Section.
26
16.2
Personal Leave-
An
associate with one
(1)
year's seniority
or
more will,
for
good
cause
and upon
written
request,
be
granted a personal leave
of
absence,
without
pay,
for
a period
not
to exceed ninety (90)
days,
but in no
case
shall a
personal leave
be
granted
or
used
for
the purpose
of
permitting
an
associate
to
try
out
for another job.
It
is
understood
that
such
leave will
be
granted at the discretion
of
the Employer.
Associates violating the above leaves
of
absence will
be
considered a voluntary quit.
16.3
Union Leave-
The
Employer also agrees
to
grant the necessary time
off
without
discrimination
or
loss
of
seniority rights and
without
pay to any associate designated by the Union
to
attend a labor convention
or
serve in any capacity
on
other official
Union business, provided the Employer
is
given at least seven
(7)
days notice prior
to
the next posted schedule
in
writing,
specifying the length
of
time
off
but
in
no
case
shall the length
of
time exceed one
(1)
year.
It
is
also
understood
that
the numbers
of
associates
so
designated, requesting this leave, will
not
be
so
great in total or
on
an
individual store
basis
so
as
to adversely affect the prudent operation
of
the Employer's business.
It
is
understood
that
the Employer shall grant the necessary time
off
with
pay
for
each
Union steward and alternate
steward(s) for the purpose
of
attending the Steward's Seminar, provided the steward and alternate steward(s) do attend
the Seminar
on
the date(s)
to
be
selected
by
the Union.
It
is
also
understood
that
the pay shall
be
eight
(8)
hours at straight
time, and the Stewards' Seminar shall
be
limited
to
one Seminar
each
year. Three (3) stewards
in
each store will
be
paid
to
attend the Stewards' Seminar.
In
the top fifty percent
(SO%)
of
stores (by
sales
volume)
two
(2) alternate stewards will also
be paid provided they attend the seminar.
16.4
Military Leave- Any associate in military service under the provisions
of
Federal
Law
shall
be
returned
to
his job and retain
his
seniority
in
accordance with
that
law.
16.5
Securing Permission
for
Leave- Any associate who
is
qualified for a leave
of
absence
as
set forth in this Article,
and
who
desires a leave
of
absence
for
more than fourteen (14) days shall secure
written
permission from the Human Resource
Department
of
the Employer with a copy to the Union, the length
of
absence
to
be
agreed by the Employer and the
associate.
The
length
of
leave shall
be
commensurate with the need.
An
associate who fails
to
comply
with
this provision
will
be
considered to have voluntarily terminated his employment.
16.6
General Provision- Time spent
on
leave
of
absence will
not
be
counted
as
time worked
for
the purpose
of
wage
computation, and seniority will continue to accrue while on leave
of
absence. Failure
to
report back
to
work
at the end
of
a
leave
of
absence shall result
in
the
associate being considered a voluntary quit. Any associate accepting employment
elsewhere while
on
leave
of
absence shall
be
considered a voluntary quit, except in a
case
where such associate
is
on Union
leave.
16.7
Funeral Leave-
In
case
of
a death in the immediate family
of
any associate, the associate shall
be
paid
for
a reasonable
period
of
absence depending upon the circumstances up to a maximum
of
three
(3)
days (four
(4)
days
for
death
of
spouse
or
child)
not
to extend beyond the day
of
the burial
but
in no
case
will he receive more than
his
normal week's
pay.
By
immediate family
is
meant parents, brother, sister, wife, husband, child, mother-in-law, father-in-law, associate's
grandparents, associate's step-parents, step-children, grandchildren,
or
any
other
relative residing with him.
In
case
of
the
death
of
a member
of
the immediate family who lives
out
of
town and additional
time
off
is
necessary, the Employer will
grant reasonable additional time
off
without
pay
for
the
purpose
of
attending the funeral. If
an
associate
is
notified at work
of
a death
in
the immediate family and does
not
complete
his
schedule for
that
day,
he
shall be paid
for
time lost that day
in
addition
to
the above. Proven falsification
of
the above shall
be
cause
for
discharge.
16.8
Jury
Duty-
In
case
an
associate
is
known
to
have served on any duly constituted jury, they shall
be
paid
for
hours
necessarily absent from work including
jury
fee remuneration.
Such
pay shall
not
exceed the pay
for
the normal workweek.
All associates including night crew associates shall
be
listed
on
the posted
work
schedule
as
"jury service" and the combined
hours
of
work and jury service will
not
exceed eight
(8)
hours
in
any one day with the further understanding that, upon
release
of
jury service,
such
associate will report to work
to
complete the remaining portion
of
the associates schedule,
not
to exceed eight
(8)
hours. Time spent by associates who are required
to
testify and assist the Employer in court will
be
considered
as
time worked.
27
16.9
Store Injuries-
If
an
associate
is
injured on the store premises during the course
of
his employment, and
as
a result
loses
time,
he
shall
be
paid for such time lost on the day
of
injury
but
not
to
exceed eight
(8)
hours.
16.10
The
parties will comply
with
the terms and conditions
of
the Family Medical
Leave
Act.
16.11
Union
Counselor-
The
Union shall have the right to designate a Union Counselor
in
each
store. It
is
understood
that
the Employer shall grant the necessary
time
off
for
each
Union Counselor
to
attend conferences and/or
training sessions.
16.12
An
educational leave
of
absence may
be
granted
to
associates
for
the purpose
of
attending college
or
specialized training. Associates must provide the employer documentation verifying
their
attending college or specialized
training.
The
attending college must
be
outside the contract area. Associates
on
such
leave shall retain seniority and time
absent will
not
count
as
time
worked toward wage progressions.
16.13
Any associate who
is
absent
from
work
for
three
(3)
consecutive working days
without
notifying a member
of
management
will
be
considered
to
have voluntary quit.
ARTICLE
17.
OTHER
GENERAL
WORKING CONDITIONS
17.1
Associate Dress- Any uniform deemed necessary by the Employer for its associates shall
be
furnished
by
the Employer.
The
Employer
has
the right
to
establish a reasonable dress code for associates.
In
stores where uniforms are provided by
the Employer:
(a)
The
Employer shall have the right to require the return of,
or
payment for, clothing supplied by the Employer upon
an
associate's termination.
(b)
The
Employer shall have the right to
limit
accessory items worn in those in the catalogue and those similar
in
type
and color
Name badges are required.
Associates' shoes must
be
white, tan, brown,
and/or
black and must
be
clean and appropriate and adequately
protect the feet (cloth sneakers
and/or
sandals are not permitted).
If sweaters are worn, they shall
be
neat and presentable and
of
a solid, subdued color.
(c)
The
associate will adhere
to
rules and regulations, company policies, and local, state and federal mandates related
to
dress code.
17.2
Time Clocks/Computerized Recording-
The
Employer shall continue
to
provide time clocks
in
each
of
their
stores
throughout the life
of
this Agreement
for
the purpose
of
recording hours worked by
each
associate covered by this
Agreement.
In
stores where computerized recording
of
hours
is
used, the Employer shall furnish a weekly computer
print-out
sheet,
upon request,
to
associates showing the payroll ending date, name
of
associate, total hours worked (straight-time hours,
overtime hours, and premium pay hours).
The
Employer and the Union agree
that
a proven violation
of
established recording
of
hours, whether hours are recorded by
a time clock or a computer including working before or after recording time, may subject
such
associate
to
disciplinary
action, up
to
and including discharge.
When requested to do
so,
the Employer will make
such
records available
to
an
authorized representative
of
the Union
for
examination.
Time will
be
figured on the basis
of
an
eight
(8)
minute break; up
to
eight
(8)
minutes, no pay; eight
(8)
minutes up
to
and
including fifteen (15) minutes, fifteen (15) minutes pay. Associates will
not
be
scheduled
to
work
the seven (7) minutes after
28
the
quarter hour.
For the purpose of this Section, no associate will
be
required
to
work the seven
(7)
minutes before or after
their
schedule.
Associates are expected
to
work according
to
posted work schedules unless changes are approved by management.
17.3
Pay
Day-
The
Employer shall establish a regular pay day and furnish
to
each
associate on such a pay day a wage
statement
showing the payroll ending date, name
of
associate, total hours worked,
total
amount
of
wages paid and itemized
deductions made there from.
17.4
Polygraph Tests-
No
associate will
be
required
to
take a polygraph (lie detector) test, voice or stress evaluation test.
17.5
Associates on
Duty-
The
Employer agrees
that
there will be a minimum
of
two
(2)
associates,
not
necessarily members
of
the
bargaining unit, in the store at all times when work
is
required.
17.6
Transfer Expenses- Any transfer
of
an
associate
to
another
town
shall be agreeable
to
the
associate. The expenses
of
transferring
to
another
town
shall
be
borne by
the
Employer.
In
case
of
a temporary transfer
of
an
associate
to
another
town
at the request
of
the Employer, involving additional transportation cost, the associate will be reimbursed at
the
same
rate
per mile
as
is
applicable
to
management between city limits.
17.7
The Employer shall furnish any
or
all tools necessary
to
bargaining unit associates
to
perform the job required.
In
addition,
a first aid kit will
be
furnished and maintained by the Employer at all times.
17.8
Safety on the
Job-
Where machines such
as
meat grinders, saws, cubing machine, etc. are equipped with guards
for
the
protection
of
the associates, such guards must be used.
At
the request
of
either party
with
reasonable advance notice,
bona fide unsafe conditions
in
a store will be discussed between
the
Employer and the Union.
The Employer shall post safety rules within
the
market.
Meat
Coverage-
A Journeyman (this includes
the
Meat
Manager and Assistant
Meat
Manager) shall be on
duty
between
the
hours
of
8:00a.m.
and
6:00p.m., excluding lunch periods and breaks; providing the store
is
open
for
business. A
member
of
the bargaining
unit
will be used
to
cover
the
market from 6:00p.m.
to
11:00 p.m. The Employer agrees
not
to
reduce
the
hours
of
any present associates
as
a result
of
this provision.
If
a meat clerk cutter
is
selected
as
a head meat
cutter
or
an
assistant head meat
cutter
and remains in
the
classification
for
a minimum
of
one continuous year, they will
be
reclassified
as
a journeyman meat
cutter
if
the position
of
responsibility
is
relinquished
in
the future.
Deli/Bakery
Coverage-
A
member
of
the
bargaining
unit
shall be on
duty
at all times
that
the
deli
or
bakery
is
open
for
business.
Seafood/Service
Meat
Coverage-
A
member
of
the
bargaining
unit
shall be on
duty
at
all
times
the
seafood/service meat
shops are open for business, excluding lunch
or
dinner periods.
ARTICLE
18. UNION
COOPERATION
18.1
The Union agrees
to
uphold the rules and regulations
of
the Employer
in
regard
to
punctual and steady attendance, proper
and sufficient notification in
case
of
necessary absence, conduct on
the
job, and all
other
reasonable rules and regulations
established by the Employer.
18.2
The Union agrees
to
cooperate
with
the Employer in maintaining and improving safe working conditions and practices, in
improving the cleanliness and good housekeeping
of
the stores, and
in
caring
for
equipment and machinery.
18.3
The Union agrees
to
cooperate in correcting inefficiencies
of
members, which might otherwise necessitate discharge.
18.4
The Union and its members agree
to
make an earnest
effort
to
recommend new associates
to
the Employer and
to
aid
in
decreasing labor turnover
in
the stores.
29
18.5
The
Union recognizes the need
for
improved methods and
output
in the interest
of
the associates and the business, and
agrees
to
cooperate
with
the Employer
in
the installation
of
such
methods, in suggesting improved methods, and in the
education
of
its members in the necessity
for
such
changes and improvements.
18.6
The
Union recognizes the need
for
conservation and the elimination
of
waste
and
agrees
to
cooperate with the Employer
in
suggesting and practicing methods
in
the interest
of
conservation and waste elimination.
ARTICLE
19.
SEPARATION
PAY
19.1
Any associate classified
as
full-time, who
is
separated
for
incompetence,
or
is
permanently laid
off
due
to
reduction
of
the
work force, shall
be
given one
(1)
week's notice
or
one
(1)
week's pay in lieu
of
notice.
Such
notice
or
pay in lieu
of
notice
shall
not
apply
to
an
associate discharged
for
proper
cause.
ARTICLE
20.
CHANGE
20.1
In
the event that the Employer contemplates the introduction
of
major technological changes affecting bargaining unit
work, advance notice
of
such
change will
be
given
to
the Union.
If
requested to do
so,
the Employer will meet with the
Union
to
discuss the implementation
of
such
changes before putting
such
changes into effect.
20.2
The
Employer and the Union recognize
that
technological change involving certain automated equipment now available
to
the retail food industry.
In
recognition
of
this, the parties agree that:
(a)
Where installation
of
any
such
equipment will materially affect bargaining unit work, the Union will
be
pre-notified
by the Employer.
(b)
The Employer
has
the right to install
such
equipment.
(c)
Any training
or
necessary retraining will
be
furnished expense free
by
the Employer
to
affected associates.
(d)
Where any associates would
be
displaced by
such
installation, the Employer will make every
effort
to
affect a
transfer in accordance
with
the transfer provisions
of
the Agreement.
(e)
If a full-time associate who
has
averaged at least
thirty
(30) hours per week for the eight
(8)
weeks preceding
displacement
is
not retrained
or
transferred and would
be
displaced
as
a direct result
of
major technological
change,
as
defined above, then the associate would qualify
for
separation pay if:
1.
The
associate had
two
(2)
or
more years full-time service.
2.
Does
not
refuse a transfer within the bargaining
unit
area
as
outlined in the Agreement.
3.
Does
not
refuse
to
be
retrained or reassigned.
4.
Such
action does not occur more than
six
(6) months from date
of
installation.
5.
Does
not
voluntarily terminate employment.
(f)
Severance pay (for those associates covered
in
E above) would
be
paid at the rate
of
one
(1)
week's pay for
each
year
of
continuous full-time service
not
to exceed
six
(6)
weeks.
(g)
Severance pay would equate the average number
of
hours worked
or
paid for Monday through Saturday, the eight
(8)
weeks preceding displacement,
not
to exceed forty (40) hours straight-time pay.
ARTICLE
21.
STORE
CLOSING
21.1
In
the event that the Employer permanently closes
or
sells a store and associates are terminated
as
a result thereof,
30
separation pay will be paid under the conditions detailed below.
31
A full-time associate
who
has
averaged at least
thirty
(30) hours per week for the eight
(8)
weeks preceding
his
separation
due to the
sale
or
closing will qualify
for
separation pay if:
(a)
The
associate
had
two
(2)
or
more years
of
service.
(b)
Does
not
refuse a transfer within the bargaining unit
as
outlined in the Agreement,
or
retraining or reassignment
in
connection therewith.
(c)
Does
not
voluntarily terminate employment.
Such
associate will
be
paid at the rate
of
one (1) week's pay
for
each
year
of
continuous full-time service not
to
exceed
six
(6) weeks.
Severance pay will equate the average number
of
hours paid in the eight
(8)
weeks, Monday through Saturday,
preceding separation,
not
to exceed
forty
(40) hours straight-time
pay.
The Employer shall continue contributions
to
the Pension and Health and Welfare Trust
Funds
forth
ree
(3) months
following the termination
of
those associates who are eligible
for
such
payments and who receive separation pay,
except for those associates who secure employment with
an
already contributing Employer.
Associates who receive separation pay shall also
be
entitled
to
holiday pay
as
prescribed
in
the contract
for
any
holiday that falls within a period
of
thirty
(30) days after termination.
All monies due associates shall
be
paid
in
a lump
sum
upon termination.
Any associate who
is
terminated and who
is
eligible for, and accepts severance
pay,
forfeits all seniority and recall
rights.
An
associate who does
not
accept severance pay shall retain his recall rights
for
a period
of
six
(6) months,
and
if
still not recalled by the Employer, shall then receive his severance pay and
has
no further recall rights.
If a store
is
sold and successor Employer offers employment
to
an
associate who
is
otherwise eligible for severance
pay under the terms
of
this Article and the new
job
is
comparable, then no provisions
of
this Article shall apply.
The
Employer agrees
to
give the associates and the Union at least
four
(4)
weeks notice in advance
of
a store
closing
or
sale.
When
such
notice
is
given, associates shall remain
with
the Employer until the closing
or
forfeit his
rights under this Article, unless
an
exception
is
mutually agreed
to
in writing by the Employer and the associate
with a copy
to
the Union.
No benefits shall accrue under the term
of
this Article, unless the Employer makes a business decision to close
or
sell a store.
If
a store closing
is
caused
by
fire, flood, storm, land condemnation, then this Article shall not apply.
ARTICLE
22.
HEALTH
AND
WELFARE
22.1
Employer Contributions-
The
Employer agrees to pay the monthly contributions
to
provide a
Plan
of
Benefits
for
eligible
full-time and part-time associates.
The
contribution rate shall
be
adjusted annually in accordance with the guidelines
established by the Trustees
of
the
Plan.
Contributions shall
be
submitted
to
the
Fund
by
the tenth (10
1
h)
day
of
each
month.
32
The contribution rates will
be
determined by the
Plan
consultant, Employer, and
UFCW
Local
75,
and
agreed upon by the
Board
of
Trustees
as
follows:
1/1/2012
1/1/2013
1/1/2014
1/1/2015
Plan
AFT
$672.44
$711.70
$770.64
$834.47
Plan
B
FT
$589.88
$624.32
$676.02
$732.01
Plan
APT
$247.37
$261.61
$283.50
$306.97
Plan
B
PT
$225.Dl
$238.15
$257.87
$279.23
Partial
$51.42
$54.42
$58.93
$63.81
Employer Health
and
Welfare Contribution
Rates
Employer contributions, inclusive
of
employee contributions (current practice)_shall
be
up
to
the amounts shown above
and are payable
on
all eligible associates.
Any unused amount
less
than the maximum increase
on
January
1,
2013 and January
1,
2014 may
be
carried over
to
the
later
rate adjustments during the contract term.
The criteria
used
to determine
all
"up
to"
rate adjustments
is
to maintain a minimum reserve target at 12/31/15 calculated
by the
Plan
Consultant
of
at least equal
to
an
amount
of
3.75 months
of
total expenses.
In
addition,
the
rate increase,
if
any, at January
1,
2015 will also ensure that the total
Plan
income
for
the
12
month period between January
1,
2015 and
December 31, 2015 will
be
projected
to
be
at least equal
to
total operational expense.
Eligible and enrolled associates will pay the following weekly contributions:
1/1/2012
1/1/2013
1/1/2014
Associate/Associate+ Children/Associate+ Spouse/Associate+ Family
Plan
AFT
$5/$10/$10/$15
$6/$12/$14/$18
$7.50/$15/$17/$22.50
Plan
B
FT
$5/$10/$10/$15
$6/$12/$14/$18
$6/$12/$14/$18
Plan
APT
$5
$6
$7.50
Plan
B
PT
$5
$6
$6
Spousal
Fee-
If a spouse
is
eligible
for
health care from his/her (non-Kroger) employer and does
not
elect this coverage, a
$25 per week fee will
be
charged
to
the associate.
Opt-Out
Provision-
Associates that meet the eligibility requirements will
be
given the option
to
waive coverage through a
yearly enrollment. The Employer will make full contributions
on
behalf of every associate who waives coverage. Associates
who waive coverage will
be
eligible for life insurance and sick
pay.
Associates will
be
provided the opportunity through the
yearly enrollment
to
re-enroll
into
the
Plan.
22.2
Eligibility
for
Full-Time
Plan
-The
term "eligible associate" shall mean
an
associate who
has
worked
an
average
of
thirty-four
(34) hours or more (including Sunday
and/or
holiday hours worked
and/or
paid) for twelve (12) consecutive weeks
immediately preceding the first day
of
any month. Associates who attain full-time status through the ratio operational
system shall receive full-time benefits
as
of
the first
of
the month following such status change.
33
22.3
Contributions to the Trust
Fund
shall
be
discontinued
as
of
the first day
of
the month following:
(a)
Approved leave
of
absence (personal
or
educational)
(b)
Voluntary quit
(c)
Termination
for
cause
(d)
Associate's request
for
change in status from full-time to part-time.
(e)
Part-time and full-time associates ceasing
to
be
an
eligible associate because
of
failure
to
work
an
average
of
twenty-five (25) hours per week
for
the twelve (12) consecutive weeks immediately preceding the first
of
such
month.
22.4
Contributions
to
the Trust
Fund
shall
be
continued under the following conditions:
(a)
In
case
of
absence from
work
due
to
illness, pregnancy
and/or
injury,
six
(6) months contributions following the
month in which illness started
or
accident occurred.
(b)
In
case
of
absence from
work
due
to
an
injury
on
the job, twelve (12) months contribution following the month in
which the injury occurred.
22.5
Employer contributions, which have been discontinued
as
provided
for
in
Sections 22.3 and 22.4 above, will
be
resumed on
the first day
of
the month immediately following return
to
work
on
the Employer's active payroll after illness, injury,
pregnancy, or leave
of
absence. However,
if
an
associate
has
been disqualified
as
provided in Section 22.3(e) above, he/she
must again qualify
as
an
eligible associate
as
provided
in
Section 22.3 above before a contribution will
be
made
in
his/her
behalf.
22.6
Full-Time
to
Part-Time
Benefit-
When a contribution
is
discontinued
as
provided in Section 22.3
(e)
(full-time) above, and
the associate qualifies
as
provided in Section 22.7 (part-time) below, the applicable contribution provided
in
such
Section
will
be
made when the contribution provided in Section 22.3
(e)
(full-time)
is
discontinued.
22.7
Eligibility for Part-Time Associates-
Eligible part-time associates are those who have worked
an
average
of
twenty-five (25)
hours
or
more per week
for
twelve (12) consecutive weeks, except
that
no contribution will
be
made on a part-time, high
school student under eighteen (18) years
of
age
or
an
associate who
has
another full-time job. Part-time associates, after
eighteen (18) months
of
service, may elect to utilize
their
part-time plan
for
dependent coverage. Once a part-time
associate makes a selection, it
can
only change at the yearly open enrollment. Effective 12/31/12, part-time associates who
have
not
elected to utilize the part-time plan
for
dependent coverage will no longer have
that
option.
22.8
Commencement
of
Contributions-
Contributions
for
eligible full-time associates shall commence after
six
(6)
months
of
employment. Part-time associates shall receive contributions
on
the following
basis:
on
the first
of
the 13th month
of
employment
for
Rx,
dental, vision, S &
A,
and life and
on
the first
of
the 19th month
of
employment
for
medical. Beginning
January
1,
2013, part-time associates shall receive contributions on the first
of
the
16th
month
of
employment
for
all
benefits.
Associates migrate
to
the higher benefit plan
(Plan
B
to
Plan
A)
after five (5) years
of
continuous service. Effective January
1,
2014, any
Plan
A eligible participant may elect
Plan
B.
Part-time associates hired after November
14,
2005 will
be
placed in the new part-time health care plan. Effective January
1,
2006, newly qualified full-time associates under the ratio will
be
placed
in
the new full-time health care plan.
22.9
Retiree Health
Care-
The
Employer will contribute
to
the
UFCW
Unions and Employers Benefit
Plan
of
Southwest Ohio
on
behalf
of
each
associate
who
retirees and
is
eligible
for
pension benefits,
as
defined
in
Article
23
of
this Agreement.
Health and welfare and Kroger prescription drug coverage will continue until
such
time that
such
retiree
is
eligible for
Medicare coverage
in
accordance with applicable federal law.
Such
retiree coverage shall cover the spouse until the spouse
is
eligible
for
Medicare.
Effective January
1,
2007, associates must have
twenty
(20) years
of
service
to
be
eligible for retiree health care.
34
Effective January
1,
2007, retiree monthly contributions are listed below:
35
yrs.
and over
15%
of
the total health care costs.
30-34
years
20%
of
the total health care costs.
25-29
years
25%
of
the total health care costs.
20-24
years
30%
of
the
total health care costs.
Effective January
1,
2013, anyone
who
has
qualified
for
health care
and
is
paying health care costs at a rate
of
50%,
shall
have
such
rate reduced
to
40% at the discretion and concurrence
of
the Board
of
Trustees
of
the Southwest Health and
Welfare
Fund.
Such
reduced rate shall
be
reviewed annually thereafter
in
conjunction
with
the annual approval
of
rates
and reserves.
Effective January
1,
2011, retiree lifetime maximum health care benefits are $1,000,000 (or greater
if
required by Federal
Health
Care
Law).
Article 22.9 does
not
apply
to
Drug/GM associates. Drug/GM associates will continue
to
qualify
for
the eligible retiree
benefits
as
defined in
the
Company's
Plan
and all changes thereto.
22.10
Opt-Out
Provision-
Retirees
that
meet the eligibility requirement will
be
given
the
option
to
waive coverage; however, the
Employer will
be
required
to
make its contribution on behalf
of
those individuals. Article 22.10 does
not
apply
to
Drug/GM
associates.
22.11
Prescription Drug
Plan-
Coverage
for
prescription drug card
is
based on associate eligibility
for
medical coverage
for
full-
time
and
part-time associates. The drug card will
be
valid at any Kroger Pharmacy. Full-time associates who qualify under
the
ratio will have coverage
for
eligible dependants. Part-time associates will have coverage
for
the associate only effective
the
first
of
the 13th month
of
employment. Current Prescription co-pays will continue until July
1,
2006. Effective July
2,
2006, the following deductible charge will
be
paid by
the
associate
for
each
prescription
as
follows:
Generic
Co-Insurance
10%
Minimum
Co-Pays
$10
Brand
Non-Formulary
20%
30%
$20
$30
$35 Effective
1/1/13
a.
Out
of
Pocket per prescription maximum
of
$50.00
for
Brand and Non-Formulary. Out
of
Pocket per prescription
maximum
of
$20.00
for
Generic.
b.
Mail order
maintenance-
Co-Insurance with minimum co-pays at
2x
retail, $100 maximum.
c.
Step Therapy applies and Specialty Drugs apply.
Special maintenance drug categories (medication includes hypertension, high cholesterol, diabetes control drugs,
asthma, glaucoma, osteoporosis, and related supplies which require a prescription):
Generic
Brand
Non-formulary
30 day supply
90 day supply
$7
$14
$15
$30
$25
$50
d.
Annual changes
in
Formulary and non co-pay cost containment initiatives are aligned
with
Company plan.
e.
Any associate
who
works
in
an
outlying area where Kroger Pharmacy
is
not
readily available, provisions will
be
made:
1.
Mail
in
2.
Network
Local Pharmacy
35
3.
Area
to
be
defined
Associates not now covered
by
the prescription drug program will become eligible for the Prescription Drug
Card
Program
when they become eligible
for
benefits
as
outlined
in
Article
22,
Health and Welfare,
of
the current Agreement. It
is
agreed
that
no monies paid
into
the
UFCW
Local
Unions and Employers Benefit
Plan
of
the Southwestern Ohio Area
Plan
on
behalf
of
the associates covered by this Agreement will
be
used by the Trust to provide a prescription drug card benefit.
The
Prescription Drug
Plan
will
be
known
as
the
Local
75
Plan
and
will contain the
Local
75
designation
as
agreed upon. If a
generic drug
is
legally available
as
a substitute for a brand name drug, the generic must
be
purchased. If the associate
purchases the brand name drug in lieu
of
the generic, the associate must pay the difference in cost.
The
Employer may
not
make changes
to
the program
without
prior notice and consent
by
the Union. Any
such
changes
must
be
communicated
to
the plan participants at least 30 days prior to the effective date
of
the change. This includes,
but
not
limited to, changes in the formulary program. The Employer will meet and discuss any changes with the Union before
the changes are communicated to the plan participants.
The
Employer will present reports
to
the Union
on
the cost and operation
of
the plan at least semi-annually in a format
mutually agreeable
to
the Employer and the Union.
The
Employer shall also provide information reports
to
the trustees
of
the Southwest Ohio Health and Welfare Fund annually.
The
Employer agrees
that
the drug plan administrator and the Health and Welfare
Fund
administrator must coordinate and
share information
to
maximize operational efficiency, including data coordination with any program established
by
the
Fund,
such
as
a disease management
or
other enhanced services provided to the participants.
22.12
Additional
and/or
optional benefits may
be
added by agreement between
UFCW
Local
75
and the Employer
on
a voluntary
basis.
The
following changes will
be
made
to
the
Plan
of
Benefits:
Medical Benefit Changes
Deductible, single/family
Annual out of pocket max
(amount shown
is
for in-network, double amounts for
out
of
network)
Annual Medical
Max
1/1/2013
Plan
A
FT
$300/$600
Plan A
PT
$300
Unlimited
1/1/2014
Plan
A
FT
$500/$1000
Plan A
PT
$500
Plan
B
FT
$700/$1400
Plan
B
PT
$700
Plan
AFT
$1700/$3400
Unlimited
22.13
The
Employer and Union agree
to
meet and discuss, at the request
of
either party, the effects
of
National Health
Care
Reform legislation and attendant Federal regulations
on
the Health and Welfare article, and
to
make any modifications, and
only
such
modifications,
that
the Employer and the Union
jointly
agree are necessary.
ARTICLE
23. PENSION
23.1
The
Kroger Company
and
UFCW
Local
75
entered into a Memorandum
of
Understanding dated December 2011 (the
"UFCW/Kroger MOU"), the terms
of
which are incorporated herein
by
reference (in
their
entirety).
The
UFCW
/Kroger MOU
established
all
of
the terms and conditions
of
employment
as
they relate
to
the provisions
of
retirement benefits provided
to
eligible employees under this
CBA
and governs (1) Kroger's participation in, and contributions to, the
UFCW
Consolidated
Pension
Fund
(the "Fund"), and (2) the benefits provided to employees
of
Kroger working under this
CBA.
A copy
of
the
UFCW/Kroger MOU
is
available upon request.
36
Employees
in
the bargaining
unit
covered by this
CBA
shall participate in the
UFCW
Consolidated Pension Fund, subject
to
the eligibility, vesting, and other requirements and in accordance with the plan
of
benefits ("Plan")
of
the Fund.
Kroger agrees to provide
to
the Board
of
Trustees
of
the Fund or its designee all information needed in connection
with
the
administration
of
the
Fund,
including but
not
limited
to
all
hours worked, paid,
or
for
which employees are entitled
to
payment,
and
total compensation,
with
respect
to
all
bargaining
unit
employees.
In
order
to
ensure
that
all employees
entitled to participate
in
the
Fund
are appropriately reflected
in
the records
of
the Fund, Kroger
further
agrees
to
the
examination
of
its payroll records by the Board
of
Trustees
of
the
Fund
or
its designee.
23.2
Meat
Pension Employer Contributions- The Employer agrees
to
contribute
to
the National Industry Pension Fund, one hundred
fifty-two
dollars and sixty
six
cents ($152.66) per month for employees
who
work
an
average
of
twenty-eight (28) hours
for
the
four
(4)
consecutive weeks immediately preceding the first
of
the month.
On
September
1,
2014, the contribution amount will increase to one hundred eighty-three dollars and
fifty-two
cents
($183.52) per month.
The part-time contribution rate will
be
one-half (
Yz
)
of
the full-time contribution rate
for
associates hired
on
or before
December
11,
1989 working 16-27 hours
for
the four (4) consecutive weeks immediately preceding the first
of
the month.
The
contributions under this section shall
be
payable by the tenth
(lOth)
day
of
each
month for associates hired
on
or before
December 11, 1989.
(a)
Continuation
of
Payments
-In
case
of
compensable injury, the Employer shall make
six
(6) months contributions
including the month in which
such
compensable injury occurs.
(b)
In
case
of
illness
or
pregnancy, the Employer shall make
two
(2) monthly contributions after
the
month
in
which
the illness occurs
or
after the month in which the associate begins her pregnancy leave
of
absence.
(c)
In
case
of
non-compensable injury, the Employer shall make one
(1)
monthly
contribution after the month
in
which
the illness
or
injury occurs.
(d)
In
case
of
termination, the Employer shall make one
(1)
monthly contribution after the month
in
which the
termination occurs.
Paragraphs
(a)
through (d) do not apply
to
associates hired after December
11,
1989.
It
is
understood
as
of ratification, meat employees hired after December
11,
1989, pension contributions will
be
made consistent with the grocery clerk's pension
tier
schedule into Central Ohio Pension
Fund
in
accordance with
paragraph 23.1 above.
Jointly Administered
Meat
Pension
Fund-
The
jointly
administered Employer-Union Pension
Fund
shall
be
administered by
an
equal number
of
Trustees representing the Employer
and
an
equal number
of
Trustees representing the Union.
Said
Pension
Fund
shall
be
used
to
provide benefit pensions
for
eligible associates
of
the Employer,
as
provided
in
a Pension
Plan,
the terms and provisions
of
which are to
be
agreed upon
by
the parties hereto.
Said
Pension
Plan
shall, among other
things, provide
that
all benefits under the
Plan
and costs, charges and expenses
of
administering the
Plan,
and all taxes
levied or
assessed
upon
or
in respect
of
said
Plan
or
Trust
or
any income there from, shall
be
paid
out
of
the Pension Fund.
A copy
of
the Trust Agreement and any amendments
thereto
shall
be
made a part hereto,
as
herein at length set forth.
Trust Agreement and Pension
Plan
shall
in
all respects comply with all applicable legal requirements.
It
is
understood
that
the "jointly administered Employer-Union Pension Fund" referred
to
in
Section 23.2 above shall
be
the
United
Food
and Commercial Workers International Union-Industry Pension Fund.
23.3
The
above
said
Pension
Plan
and the Trust Agreement establishing the Pension Trust Funds shall
be
submitted
to
the United
States Treasury Department for the approval and rulings satisfactory
to
the Employer,
that
said plan
is
qualified under
I.R.C.
Section 401, et.
seq.,
and
that
no part
of
such
payments shall
be
included in the normal rate
of
pay
of
any associate.
37
23.4 Articles 23.1
to
23.4 do
not
apply
to
Drug/GM associates. Drug/GM associates will continue
to
be
covered under Company
sponsored pension plans and changes thereto.
ARTICLE
24.
EXPIRATION
24.1
This Agreement shall continue
in
effect
from
June 17, 2012 through June
13,
2015
and
include the Dayton Drug/GM
contract merged
into
it
on November
14,
2005 and shall automatically
be
renewed from year
to
year thereafter unless
either party serves notice in writing,
to
the
other
party sixty (60) days
prior
to
the
expiration date or any anniversary date
thereafter
of
a desire
for
termination
of
or
changes in this Agreement.
IN
WITNESS
WHEREOF,
the said parties have caused duplicate copies
hereof
to
be executed by
their
duly authorized officers
this
__
day
of
2012.
FOR
THE
UNION:
FOR
THE
EMPLOYER:
38
APPENDIX
"A"
WAGES
A.1
Rates
of Pay-
Rates
of
pay and pay schedules
as
set forth
in
Appendix "A" shall remain
in
effect for the life
of
this
Agreement, and shall constitute the
basis
for
determination
of
wages
for
time
worked.
No
associate's rate shall
be
reduced
as
a result
of
the signing
of
this Agreement.
A.2
New
Job
Classifications-
In
the event the Employer creates a new
job
classification, which
involves new job duties, responsibilities,
or
skills, the Employer agrees
to
notify
the Union
in
advance
and
to
negotiate with the Union the rate
of
pay
for
the new
job
or
classification.
A.3
Department Head/Assistant Department Head/Lead Relief-
Any associate assigned
to
relieve a
classified position
as
defined in Appendix
"A"
Wages
for
one full week
or
more shall receive the
appropriate hourly rate
for
all
work
performed at this position. This provision shall also apply to
relief required for a full midweek to midweek vacation.
The
associate assigned to relieve a department head will
be
the most senior qualified assistant department head
where applicable,
or
if
not applicable, the most senior qualified
in
the classification
in
the store.
The
Employer may disqualify
an
associate from the award
of
relief duties
if
the Employer demonstrates justifiable
reasons why
such
associate should
be
disqualified.
This
language
in
A.3 does not apply
to
Drug/GM associates.
A.4
Other
Work-
Associates shall perform any
work
in
and about the store and
on
or
around the
premises connected with
or
incidental
to
the cooperation
of
the Employer's retail establishment,
which may
be
assigned
by
the store manager or zone manager, except
as
otherwise provided
for
in
Appendix
"B"-
Job
Descriptions.
It
is
further
understood that, when
an
associate
is
assigned
to
a
job
with a lesser rate, they shall
be
entitled to
their
regular rate
of
pay, unless the associate
is
permanently assigned
to
a job with
a lesser rate
of
pay.
A.S
Progression Increases-
Progression increases in pay rate which are effective Sunday, Monday,
Tuesday
or
Wednesday
of
the current week shall
be
effective for all hours worked in the current
week. Progression increases in pay rate, which are effective Thursday, Friday,
or
Saturday
of
the
current week, shall be effective the following week.
A.6
Any associate promoted
to
a higher paid classification will receive the next highest rate
of
pay
in
that classification in
the
part-time/full-time classification; whichever
is
applicable at the
time
the
promotion takes place.
A.7
The
following number
of
assistant front-end managers will
be
utilized within these store volume
brackets:
$0-
$150,000
$150,001 - $250,000
$250, 001
-and
over
One
(1)
Two(2)
Three (3)
A.8
All wage rates based on store volume
as
provided for
in
this Appendix
"A"
will
be
determined by
establishing the average weekly store
sales
(except meat department which will
be
used based
on
the
sales
of
the meat market only) over the prior calendar year
(52
weeks) effective the first
week
of
the first period.
39
In
new stores
or
remodeled stores, the average weekly
sales
for
the first twelve (12) weeks, excluding the first two
(2)
weeks, the third (3rd) through the fourteenth (14th) week will
be
used.
The
Head
Grocery Clerk,
Head
Produce Clerk, Front
End
Manager, Meat Department Manager, Deli/Bakery
Manager, Drug/GM Manager, and Red-Circled
Head
Non-Foods (if applicable)
in
stores with
an
average
sales
volume
of
one
(1)
million
or
more per week excluding fuels
sales
will receive
an
additional premium
of
fifty cents
(.SOC)
per hour on
their
rate. This will only
be
given to one
of
each
of
the above listed positions per store.
The
Head
Dairy,
Head
Frozen, Night Leader, Assistant
Head
Produce, Assistant Front
End
Manager, Assistant Meat
Manager, Seafood Manager, Assistant Deli Manager, Assistant Drug/GM Manager,
Lead
Baker, and
Lead
Floral
in
stores with
an
average
sales
volume
of
one (1) million
or
more per week excluding fuels sales will receive
an
additional premium
of
twenty-five cents
(.2SC)
per hour
on
their rate.
The
Lead
Salad
Bar,
Cosmetician
I,
Lead
Coffee,
Lead
Back
Door Receiver, and
Lead
File
Maintenance Clerk
in
stores
with
an
average sales volume
of
one (1) million
or
more per week excluding fuels sales will receive
an
additional
premium
of
fifteen cents (.lSC) per hour on
their
rate.
A.9
There shall
be
one head grocery clerk, one head produce clerk, one front-end manager, one head
dairy clerk, one head frozen food clerk, one head nonfood clerk
(if
applicable) or one Drug/GM
department head, one head night lead clerk, one assistant head produce clerk, one lead floral
clerk, one lead salad bar clerk, one lead coffee shop clerk, lead file maintenance, one lead back
door receiver
in
each store
for
the volumes indicated
in
each
of
the classifications and one lead
fuel clerk in
each
store with a fuel center. There shall also
be
one meat department manager,
one assistant meat department manager, one head deli clerk, one lead seafood clerk, one lead
baker, and one assistant head deli clerk in
each
store
for
the volumes indicated in
each
of
the
classifications. The Employer may appoint additional department heads and assistants
as
follows:
An
average
of
one (1) per store per zone
in
total. Example:
In
a zone with fourteen (14)
stores, the Employer may appoint up
to
fourteen (14) additional department heads
and/or
assistant department heads.
In
stores with
an
average annual
sales
volume
$2SO,OOO
per week
or
less,
the Employer shall maintain a
department head
in
meat, grocery, produce, front-end,
and
deli. The appointment
of
other department heads or
assistant department heads
is
at the option
of
the Employer.
No
present department head
or
assistant
department head will
be
reduced in
their
classification
or
forced
to
transfer solely because
of
this change.
A.lO
Previous Experience: Previous, proven retail experience from the date
of
present employment
shall
be
the
basis
for
the determination
of
the associate's rate
of
pay. However,
an
associate's
rate will
not
exceed the
top
rate negotiated
for
the associate's classification.
1.
Previous experience must
be
shown on the employment application;
or
otherwise documented
in
writing.
2.
The
Employer will notify the Union, in writing, when
an
associate
is
a candidate
for
previous experience
credit, stating the associate's classification, rate
of
pay,
and the reason for recognizing special aptitude.
3.
Experience Credit Guidelines
A.
Credits are done
in
terms
of
months,
not$
per hour (i.e., grant associate 18 months experience credit
rather than
.SOC
per hour experience credit.)
B.
Experience must
be
job-related and must
be
shown
on
the employment application.
C.
Experience credit will
not
exceed the months
of
actual experience shown on the application.
D.
Store managers will
be
responsible
for
submitting requests
for
credit
to
Human Resources.
Such
requests
will
be
made
at
the time a new associate
is
hired or within one
(1)
year
of
hire date and will
be
accompanied by a copy
of
the new hire's application showing relevant experience.
E.
Experience credit will
be
applied when approved by Human Resources.
The
Company may review
experience credit within one (1) year
of
an
associate's date
of
hire, with a retroactive
limit
of
60
days
of
40
pay.
F.
All associates who have completed
their
probationary period shall
be
eligible
for
a one-time
merit
increase based on overall documented performance.
Such
an
increase may be a maximum
of
two
levels
from
the
associate's current rate within the associate's current pay bracket. No one-time
merit
increase
can
exceed the
top
rate
of
the classification.
41
!CLASSIFICATION
Head Grocery, Head Produce, Front End Mgr.,
Deli Mgr.
(Total Store Sales excluding Fuel)
$200,000 and less
$200,001 -
$400,000
$400,001 -
$600,000
$600,001 -
$700,000
$700,001 -$1,000,000
$1,000,000 +
Head Dairy, Head Frozen Food, Head Non-
Foods
(Total Store Sales excluding Fuel)
$200,000 and less
$200,001 -
$400,000
$400,001 -
$600,000
$600,001 -
$700,000
$700,001 -
$1,000,000
$1,000,000 +
Head Night Clerk
(Total Store Sales excluding Fuel)
$200,000 and less
$200,001 -
$400,000
$400,001 -
$600,000
$600,001 -
$700,000
$700,001 -
$1,000,000
$1,000,000 +
Asst Front End Mgr
Asst Front End Mgr
in
$1M+ total store sales w/o
Fuel
Lead Floral
Lead Floral
in
$1M+ total store sales w/o Fuel
Asst Produce
Asst Produce
in
$1M+ total store sales w/o Fuel
I
Current
I I
Ratification
I
6/9/2013
6/8/2014
$17.47
$800.00
$17.72
$18.02
$17.94
$800.00
$18.19
$18.49
$18.14
$800.00
$18.39
$18.69
$18.24
$800.00
$18.49
$18.79
$18.34
$800.00
$18.59
$18.89
$18.84
$800.00
$19.09
$19.39
$16.74
$800.00
$16.99
$17.29
$16.84
$800.00
$17.09
$17.39
$16.94
$800.00
$17.19
$17.49
$17.04
$800.00
$17.29
$17.59
$17.14
$800.00
$17.39
$17.69
$17.39
$800.00
$17.64
$17.94
$16.43
$600.00
$16.68
$16.98
$16.53
$600.00
$16.78
$17.08
$16.63
$600.00
$16.88
$17.18
$16.73
$600.00
$16.98
$17.28
$16.94
$600.00
$17.19
$17.49
$17.19
$600.00
$17.44
$17.74
$16.43
$600.00
$16.68
$16.98
$16.68
$600.00
$16.93
$17.23
$500.00
$16.68
$16.98
$500.00
$16.93
$17.23
$16.43
$600.00
$16.68
$16.98
$16.68
$600.00
$16.93
$17.23
42
!CLASSIFICATION
!ClerkS/Meat Clerks,
t:Jakery
cterks. serv1ce-
Seafood, Deli Clerks
(hired 2-17-82
or
after),
Seafood/Service MeaVOeli
(hired 8-1-80
or
after),
Meat Clerks
{hired 8-2-80
or
after),
Bakery
Clerks
(hired 2-17-82
or
after)
First 350 hours
Next 500 hours
Next 600hours
Next 600 hours
Next 600 hours
Next
600
hours
Next 600 hours
Next
800 hours
Next 800 hours
Next 1 000 hours
**Next 1000 hours
Next 1000 hours
*Next 1000 hours *Experience Credit Cap*
Next 1 000 hours
Next 1000 hours
Next 1 000 hours
Thereafter
Lead Coffee
Mgr
Lead Coffee Mgr
in $1M+ total store sales w/o
fuel
Deli
Clerks
(hired 7-15-77
or
before),
Deli Clerks
(hired between 7-16-77 and 8-1-80),
Bakery
Clerks
(hired 2-16-82
or
before,
Clerks
(hired 2-
16-82
or
before)
I
Meat Clerks (hired 8-1-80
or
before)
Salad
Bar
and
Floral
Shoppe
(hired
12-6·86
or
after)
First 350 hours
Next 500 hours
Next 600 hours
Next 600 hours
Next
600
hours
Next 600 hours
Next 1000 hours
Next 1000 hours
Next 1000 hours
Next 1 000 hours
Next 1000 hours
Next 1000 hours
Thereafter
I
Current
I l
Ratification
I
6/9/2013
6/8/2014
$7.70
$7.70
$7.70
$7.70
$7.70
$7.80
$7.80
$7.80
$7.70
$7.90
$7.90
$7.90
$7.70
$8.00
$8.00
$8.00
$7.70
$8.10
$8.10
$8.10
$7.80
$8.20
$8.20
$8.20
$7.90
$8.30
$8.30
$8.30
$8.40
$8.40
$8.40
$8.40
$9.10
$8.90
$8.90
$8.90
$9.60
$9.40
$9.40
$9.40
$10.10
$9.90
$9.90
$9.90
$10.60
$10.20
$10.20
$10.20
$11.10
$10.70
$10.70
$10.70
$0.00
$11.20
$11.20
$11.20
$0.00
$11.75
$11.75
$11.75
$11.70
$12.20
$12.20
$12.20
$13.70
$400.00
$13.95
$14.25
$12.00
$500.00
$12.25
$12.55
$12.15
$500.00
$12.40
$12.70
I
$15.93
I
._I
_..;;..$4~o..;;;.o.;..;;.oo.;;..._.~--_..;;..s1~6.;.;;;.2;..;;.8_...~..-_s;:;...1;..;;.6.;.;;,.5.;;..8
___.
s1s.o3
II
$4oo.oo
$16.28
$16.58
$7.70
$7.70
$7.70
$7.70
$7.70
$7.75
$7.75
$7.75
$7.70
$7.80
$7.80
$7.80
$7.70
$7.85
$7.85
$7.85
$7.70
$7.90
$7.90
$7.90
$7.80
$8.00
$8.00
$8.00
$7.90
$8.10
$8.10
$8.10
$8.15
$8.20
$8.20
$8.20
$8.65
$8.30
$8.30
$8.30
$9.15
$8.80
$8.80
$8.80
$9.40
$9.40
$9.40
$9.40
$0.00
$9.75
$9.75
$9.75
$10.40
$400.00
$10.65
$10.95
CLASSIFICATION
Salad Bar and Floral Shop Attendant
{hired before
12-6-86)
Sacker and Demo
First
175
hours
First
250
hours
First
250
hours
First
250
hours
Next
500
hours
Next
500
hours
Next
750
hours
Next
1000
hours
Thereafter
Meat Dept Manager
!(Total Store Sales
excludin_g_Fuel)
$200,000
and less
$200,001 - $400,000
$400,001 - $600,000
$600,001 - $700,000
$700,001-$1,000,000
$1
,000,000
+
Assistant Meat Dept Manager
(Total Store Sales excluding Fuel)
$200,000
and less
$200,001 - $400,000
$400,001 - $600,000
$600,001 - $700,000
$700,001-$1,000,000
$1,000,000
+
!Journeyman
(see letter
of
understanding)
!Clerk Cutter Premium
lead
Seafood Clerk
(Total Store Sales excluding Fuel)
$200,000
and less
$200,001 - $400,000
$400,001 - $600,000
$600,001 - $700,000
$700,001-$1,000,000
$1
,000,000
+
Current
Ratification
6/9/2013
6/8/2014
$13.50
$400.00
$13.75
$14.05
$7.70
$7.70
$7.70
$7.70
$7.70
$7.75
$7.75
$7.75
$7.70
$7.80
$7.80
$7.80
$7.70
$7.85
$7.85
$7.85
$7.70
$7.90
$7.90
$7.90
$7.70
$7.95
$7.95
$7.95
$7.85
$8.05
$8.05
$8.05
$8.00
$8.10
$8.10
$8.10
$8.25
$100.00
$8.25
$8.25
$19.34
$800.00
$19.59
$19.89
$19.59
$800.00
$19.84
$20.14
$20.09
$800.00
$20.34
$20.64
$20.19
$800.00
$20.44
$20.74
$20.29
$800.00
$20.54
$20.84
$20.79
$800.00
$21.04
$21.34
$18.49
$600.00
$18.74
$19.04
$18.59
$600.00
$18.84
$19.14
$18.69
$600.00
$18.94
$19.24
$18.79
$600.00
$19.04
$19.34
$18.89
$600.00
$19.14
$19.44
$19.14
$600.00
$19.39
$19.69
$17.69
II
$4oo.oo
$17.94
$18.24
$1.50
II
No Change
I
No Change
No Change
I
$14.54
$500.00
$14.79
$15.09
$14.74
$500.00
$14.99
$15.29
$15.04
$500.00
$15.29
$15.59
$15.24
$500.00
$15.49
$15.79
$15.24
$500.00
$15.59
$15.89
$15.49
$500.00
$15.74
$16.04
44
I
CLASSIFICATION
I
Current
II
Ratification
I
6/9/2013
6/8/2014
Drug/GM Clerks, Digital Media
(hired 6-1-87
or
after)
First 300 hours
$7.70
$7.70
$7.70
$7.70
Next
500 hours
$7.70
$7.80
$7.80
$7.80
Next 600 hours
$7.70
$7.90
$7.90
$7.90
Next
600 hours
$7.70
$8.00
$8.00
$8.00
Next 600 hours
$7.70
$8.10
$8.10
$8.10
Next 600 hours
$7.80
$8.20
$8.20
$8.20
Next 600 hours
$7.90
$8.30
$8.30
$8.30
Next
800 hours
$8.00
$8.40
$8.40
$8.40
Next
800 hours
$8.10
$8.50
$8.50
$8.50
*Next 1000 hours
$8.25
$8.65
$8.65
$8.65
Next
1000 hours
$8.45
$8.75
$8.75
$8.75
Next 1000 hours
$8.85
$8.85
$8.85
$8.85
Next
1000 hours
$9.15
$9.00
$9.00
$9.00
Next 1000 hours
$9.25
$9.30
$9.30
$9.30
Next 1 000 hours
$0.00
$9.50
$9.50
$9.50
Next 1000 hours
$0.00
$9.75
$9.75
$9.75
Thereafter
$10.40
$400.00
$10.65
$10.95
* Experience Credit Cap
lDrugiGM Clerks
(hired before 6-1-87)
$11.45
II
$4oo.oo
s11.1o
$12.00
45
!CLASSIFICATION
Asst. Head DeiV Cheese Master
Asst Head DeiV Cheese Master
in
$1M+
total
store sales w/o Fuel
Lead Baker
I(Total Store Sales excluding Fuel)
$400,000
and less
$400,001 - $1,000,000
$1
,000,000+
Head Drug
I
GM
{Total Store Sales excluding fuel)
Head Drug!GM
in
$1M+
total store sales w/o Fuel
Asst. Drug!GM
(hired
6-1-87
or
after)
First
350
hours
Next
350
hours
Next
600
hours
Next
600
hours
Next
600
hours
Next
600
hours
Next
1000
hours
Next
1000
hours
Next
1 000
hours
Next
1000
hours
Next
1000
hours
Next
1000
hours
Thereafter
I
Assistant DrugtGM Clerks
(prior
6-1-87)
lead
Cosmetician
lead
Cosmetician
in
$1M+
total store sales w/o
Fuel
I
Current
II
Ratification
I
6/9/2013
$16.31
$16.56
$16.31
$16.81
$17.06
$14.55
$15.05
$8.00
$8.10
$8.20
$8.30
$8.50
$8.65
$8.80
$9.10
$9.50
$9.75
$0.00
$0.00
$11.20
$600.00
$600.00
$500.00
$500.00
$500.00
$800.00
$800.00
$8.00
$8.10
$8.20
$8.30
$8.50
$8.65
$8.80
$9.10
$9.50
$9.75
$10.05
$10.50
$600.00
s12.25
II
saoo.oo
$12.20
$12.35
46
$500.00
$500.00
$16.56
$16.81
$16.56
$17.06
$17.31
$14.80
$15.30
$8.00
$8.10
$8.20
$8.30
$8.50
$8.65
$8.80
$9.10
$9.50
$9.75
$10.05
$10.50
$11.45
$12.50
$12.45
$12.60
6/8/2014
$16.86
$17.11
$16.86
$17.36
$17.61
$15.10
$15.60
$8.00
$8.10
$8.20
$8.30
$8.50
$8.65
$8.80
$9.10
$9.50
$9.75
$10.05
$10.50
$11.75
$12.80
$12.75
$12.90
!CLASSIFICATION
Lead Salad
Bar
Premium
Lead Salad Bar Premium
in
$1M+ total store
sales w/o Fuel
File Maintenance Clerk Premium
File Manitenance
Clerk
Premium
in
$1M+ total
store sales w/o Fuel
Back
Door
Receiver Premium
Backdoor
Receiver Premium
in
$1M+ total store
sales w/o Fuel
****Wine Steward Premium
****Wine Steward Premium
in
$1M+ total store
sales w/o Fuel
****Nutrition Clerk Premium
****Nutrition Clerk Premium in $1M+ total store
sales w/o Fuel
Lead
GM
Premium (Marketplace)
Lead
GM
Premium
in
$1M+ total store sales w/o
Fuel
Lead Fuel Clerk
Lead Fuel Clerk
in
$1M+ total store sales w/o
Fuel
I
Night
Crew Premium
!***Marketplace Cashier (top rate)
*Experience Credit Cap
**Coffee Shop Cap
***Marketplace Cashier Cap
****Wine Steward and Nutrition Premium
I
Current
II
Ratification
I
6/9/2013
~
~
~
~
~
~
~
~
~
~
~
~
~
~
No Change
No Change
No Change
No Change
No Change
No Change
No Change
No Change
No Change
No Change
No Change
No Change
No Change
No Change
No Change
No Change
No Change
No Change
No Change
No Change
No Change
No Change
No Change
No Change
No Change
No Change
No Change
No Change
6/8/2014
No Change
No Change
No Change
No
ChanQe
No Change
No Change
No Change
No Change
No Change
No Change
No Change
No Change
No Change
No Change
$1.00
I
I
No Change
I
No Change
No Change
$11.20
I I
No Change
I
No Change
No Change
***In
stores
as
determined by the Company, associates will
be
eligible
for
the above premiums upon completion
of
training
and certification programs
as
may
be
established and modified by the Company.
(The
above premiums do
not
immediately
qualify
an
associate for health insurance, consistent with the current practice
for
clerk
cutter
and night crew premiums.)
47
APPENDIX
"B"-
JOB
DESCRIPTIONS
Sacker/Carryout
Associates
(a)
Sacker/Carryout associates may
be
upgraded
to
the clerk classification
on
a temporary
basis
during the month
of
December and for any
work
performed
on
major store "resets"
as
provided
for
in Section 11.9, "Scheduling Major
Resets".
Seniority will
be
determined
on
the
basis
of
date
of
temporary promotion
to
this classification.
In
the event more than
one Sacker
is
promoted to a temporary clerk on the same day, seniority shall
be
determined based
on
date
of
hire.
Temporary promotions shall
be
offered by seniority within the store.
(b) Sacker/Carryout associate's
work
is
restricted
to
the following duties:
1.
Maintain the area
of
the checkstands and customer entrances
in
an
orderly condition through clean-up work and
the stock
of
supplies in the checkstands, (also the distribution
of
supply orders throughout the store) which shall
not include merchandise
for
sale.
2.
Assistance to customers in the "bagging"
of
their
orders and in transporting merchandise purchased
by
them to
their automobiles
in
the
store's parking lot.
3.
The
collection
of
shopping carts.
4.
Sort empty return containers and
put
in
proper
area
for
return.
5.
Cleaning up "spills."
6.
General clean up and loading
of
"salvage" and
all
forms
of
cleaning. (This provision shall
not
be
used
to reduce
night stock crew member's hours presently spent in cleaning duties.)
7.
"Sign" and decorate the store.
8.
Reshop/restock all misplaced merchandise.
(c)
A violation
of
the following "Job Descriptions" Sacker/Carryout, Floral Shop Attendant, and
Salad
Bar
Attendant
will
result
in
penalty pay
for
a proven violation at the premium rate
of
time
and one-half
(11/2),
but
no
less
than one
(1)
hour's pay at the associate's regular rate
of
pay
for
the associate filing the grievance.
A violation
of
the
intent
of
this section
is
defined
as
the knowing performance
of
job duties outside the above
classifications by the direction
of
or
with the permission
of
the store manager, co-manager(s), department head, or
assistant department head.
(d)
In
the event a Sacker/Carryout associate deliberately violates this Section
without
being instructed to do
so,
he
will
be
subject
to
discipline up
to
and including discharge.
Demonstrators
Demonstrator's duties shall
be
limited to securing, preparing, and demonstrating product
but
will otherwise
not
perform
any other bargaining
unit
work.
Salad
Bar
Clerks
This classification
is
to
be
used in Produce Departments to operate salad bars.
The
salad bar section will
be
considered a
distinct part
of
the Produce Department and
as
part
of
the responsibility
of
the head produce clerk.
48
Salad
bar clerks' duties shall
be
limited
to
performing duties directly related
to
the salad bar only.
It
is
not
the
intent
of
this
section to expand
Salad
Bar Attendants' duties; however, only at the customer's request will
it
be
permissible for a
Salad
Bar
Attendant
to
weigh items
that
are
not
part
of
the salad bar classification.
Salad
Bar
Clerks
will have separate seniority (among
Salad
Bar
Clerks) and benefits under the same conditions described
in
the appropriate Articles
of
this Agreement. Clerks may
be
required
to
work
in
the salad bar section
at
their
current rate
of
pay.
Job
Description -salad bar clerks shall order, prepare, display, price, arrange, care for, sell, and inventory those items
specifically sold
by
the salad bar section. They shall also
be
responsible
for
maintaining sanitation in
their
work
and
sales
area.
Clerks working primarily
in
salad bars December
6,
1986 may continue
to
work
in the salad bar at
their
clerk rate
of
pay.
Their hours may
not
be
claimed by other clerks. Should any
of
these clerks accept
an
assignment
to
other duties, they will
be
replaced by a salad bar clerk.
Floral
Shop
Attendant
Floral
Shop
Attendants duties shall
be
limited
to
performing duties directly related
to
the floral shop only.
This classification
is
to
be
used
in
produce departments
to
operate floral shops.
The
floral shop will
be
considered a distinct
part
of
the Produce Department and
as
part
of
the responsibility
of
the head produce clerk.
Clerks working primarily in floral shops
as
of
December
6,
1986, may continue
to
work
in the Floral Shoppe
at
their
clerk
rate
of
pay. Their hours may
not
be
claimed by other clerks. Should any
of
these clerks accept
an
assignment to other
duties, they will
be
replaced by a floral shop attendant.
Floral shop attendants assigned after December
6,
1986, will have separate seniority among floral shop attendants only
and
benefits under the same conditions described in the appropriate Articles
of
this Agreement.
Clerks may
be
required
to
work
in
the floral shop on special occasions
such
as
Mother's
Day,
Valentine's
Day,
etc.
to
assist
the floral department.
Clerks may
be
required
to
work
in
floral shops
to
fill in for vacations, emergencies,
and/or
absenteeism.
The
floral shop attendants shall order, prepare, display, price, arrange, care for, sell, and inventory those items specifically
sold
by the Floral
Shop.
They shall
also
be
responsible for maintaining sanitation
in
their work and
sales
area.
Meat
Department Manager
Shall
be
qualified
to
perform
all
of
the duties
in
the meat department. Because
of
the greater skill and experience meat
department managers must
possess,
they shall,
in
the performance
of
their work,
be
responsible
for
the operation
of
the
meat department in accordance with the Employer's policy and direct the movements and operations
of
all associates
in
the meat department.
Assistant
Meat
Department Manager
Is
a skilled meat department associate who shall do any
work
assigned by the meat department manager, including
ordering (assisting
in
ordering with the meat department manager), wrapping, rewrapping, weighing, pricing, and displaying
meat in forms acceptable to the Employer and in a manner
that
will yield the maximum profitable cuts from the carcass.
An
assistant meat department manager
in
the cutting room, take charge when the meat department manager
is
not
on duty
and carry
out
the Employer's policy, the same
as
the meat department manager.
No
associate will
be
assigned
to
the assistant meat department manager classification who does
not
at least have one
(1)
year
of
seniority
in
the bargaining unit. Associates who desire consideration
for
a promotion
to
assistant meat department
49
manager or meat department manager shall make
their
wishes and availability known in writing
to
their
zone manager,
Human Resource Department and a copy to the Union. If there are no letters
on
file
to
fill a particular store, then the one
(1) year prohibition
in
this paragraph shall
not
apply.
When filling meat department manager openings, the Employer will promote qualified journeymen
or
assistant meat
department managers, giving consideration
to
seniority, before going
to
another source. Those interested should show
their
interest
in
wiring
to
the zone manager, Human Resource Department and a copy
to
the Union.
In
stores with a sales volume
of
$225,000 per week
or
less,
the appointment
of
an
assistant meat department manager
is
at
the discretion
of
the Employer. (Assistant meat department managers
in
such
stores on April
3,
1993, shall
not
be
reduced
because
of
this change.) Volume changes shall
be
based
on
the procedures outlined in Appendix "A".
Journeyman
A journeyman
is
a skilled meat cutter who shall do any work assigned, including ordering (assisting in ordering), wrapping,
rewrapping, weighing, pricing, and displaying meat in forms acceptable
to
the Employer and
in
a manner
that
will yield the
maximum profitable cuts from the
carcass.
Meat
Clerk
A meat clerk
is
an
associate in a market who
is
engaged in wrapping, weighing, pricing, cleaning, and displaying
all
products
assigned
to
the operation
of
the department. If no journeyman
as
of
December
3,
1989
is
reduced
in
hours, a meat clerk
on
duty
in
a market may perform all necessary duties in the department.
No
meat clerk will
be
required to operate the saw
until the Employer provides a training program and a standardized test.
Any associate in the meat clerk classification who
has
the ability, qualifications and desires
to
perform the work
to
qualify
for
the meat clerk cutter's list will indicate the desire in writing
to
the zone manager with a copy
to
the Union and Human
Resource Department.
Such
individuals will
be
considered
for
available openings
as
they occur.
Upon passing the training program and standardized test, the cutter will receive $1.50 premium over
their
personal rate,
not
to exceed the journeyman rate. This test will
be
conducted by the meat department manager and Employer's meat
M.R.
Such
cutters will qualify to receive vacation relief pay
for
the meat department manager and the assistant meat department
manager.
Deli/Bakery Associates
The associates
of
the deli/bakery department
can
work and
be
scheduled
in
the deli and bakery departments. However,
deli/bakery associates will have a primary schedule (deli
or
bakery)
in
which they will
be
scheduled. Associates must
maximize
their
hours
in
their primary department,
be
seniority and with consideration
of
ability
to
perform the
job
before
claiming hours ("bumping")
into
the non-primary department schedule.
It
is
understood
that
all deli/bakery associates will
be
subject
to
the direction
of
the head deli clerk who
is
responsible
for
the deli/bakery operation.
Head Deli Clerk
The head deli clerk shall
be
a qualified deli/bakery clerk and shall
be
able
to
perform
all
the duties
of
any associate in the
deli/bakery department. Because
of
the greater skill required, the head deli clerk shall, in the performance
of
work,
be
responsible
for
the operation
of
the deli/bakery
in
accordance with the Employer's policy and direct the movements and
operations
of
all
associates
in
the deli/bakery.
lead
Bakery Clerk
The lead bakery clerk shall
be
a qualified deli/bakery clerk and shall
be
able
to
perform all the duties
of
any associate in the
bakery department.
Because
of
the greater skill required, the lead bakery clerk, shall,
in
the performance
of
work,
be
50
responsible for the operation
of
the bakery in accordance
with
the
Employer's policy and direct the movements and
operations
of
all associates in the bakery.
Seafood/Service
Meat
Attendant
Seafood/service meat attendant(s) will
be
used
only
in
those markets having a seafood and service meat operation
in
whole
or
in part. Seafood/service meat associates are those associates engaged in seafood and service meat operations, waiting
on
customers
by
suggesting purchases, displaying, weighing, wrapping, pricing,
and
ability
to
prepare, and price fish and
service meat items in accordance with
the
Employer's specifications
and
in a manner
that
will yield the highest
profit
possible. Duties include customer service and the ability
to
perform the general detailed tasks
of
the seafood and service
meat departments. Seafood/service meat attendants may
be
placed
on
either work schedule.
Such
associates will not
use
the tools
of
the trade
in
the
cutting room, but may perform
such
incidental
work
in waiting
on
customers
as
is
necessary to complete the transaction at the customer's request. Examples
of
this type
of
customer service
are trimming, grinding, cubing, slicing, and cutting a steak in
two
and other
such
incidental work.
In
addition
to
the duties enumerated above, seafood/service meat associates may
be
used
for
cleaning and sanitation
assignments
in
the seafood and meat departments.
A separate seniority list shall
be
set up and maintained
with
respect
to
those associates working
in
the seafood/service
meat associates classification.
It
is
further agreed by the parties
that
there shall
be
no "bumping"
into
or
out
of
this
classification. However,
it
is
understood
that
this shall
not
preclude associates
in
other classifications from being assigned
by the Employer
to
perform
their
usual and normal
work
assignments
for
both the service counter operations,
as
well
as
the balance
of
the meat department, such
as
meat department manager supervision, journeyman cutting, etc.
In
the event
an
opening occurs in
their
store meat department in a higher classification, seafood/service meat associates
who have indicated
an
interest
in
writing
to
their
zone manager (with a copy to the Union), and who have the necessary
qualifications will
be
given consideration
for
that
opening before hiring a new associate from
the
outside.
Existing associates
in
the clerk classification (on the payroll
as
of
August
16,
1976) shall have the
opportunity
of
applying
"available hours" in accordance with the Article 11, Section 11.3
of
this Agreement, with respect
to
seafood/service meat
attendant classification.
It
is
agreed
that
the classification
of
seafood/service meat attendant does
not
satisfy the requirements
of
Article 17,
Section17.8, with regard to market coverage.
The Employer agrees to promote seafood/service meat attendants
to
meat clerk vacancies by seniority
as
vacancies occur.
Lead
Seafood Clerk
A qualified seafood clerk in charge
of
the department who
has
the knowledge and ability to attain
sales
volume, profit
margins and maintain department conditions
to
the satisfaction
of
management. Duties normally include ordering
of
merchandise and supplies, product preparation, service
to
customers and operation
of
the department in accordance with
the Employer's operations and merchandising policies.
Lead
seafood clerks will retain
their
current positions and rates
of
pay in stores with a service/seafood
case.
Job
Protection
Full-time journeymen and meat clerks
on
the payroll
as
of
December
11,
1989 will
not
be
reduced in hours below
forty
(40)
per week,
as
a result
of
expanding meat clerk duties.
Definition
of
Status 1
An
associate who
is
eligible under the benefit ratio shall
be
classified
as
Full
time
status
1
at the end
of
the first
12
consecutive weeks during which the average hours worked equal
or
exceed
85%
(34
hours)
of
the hours in the basic workweek. Work performed
on
Sundays and holidays shall
be
counted
for
the purpose
of
51
qualifying
for
status 1 full time.
The
associate who qualifies under this definition through the ratio operational system shall
receive dependent (family) medical benefits
as
of
the 1
5
t
of
the month following the status change.
Full
time
status 1
associates have scheduling over
all
less
senior full
time
associates and all
part
time
associates.
Definition
of
Status 3
The
term
full time status 3
is
an
associate who averages
85%
(34 hours)
of
the basic workweek over any
12
consecutive
week period. Work performed
on
Sundays and holidays shall
be
counted
for
the purpose
of
qualifying
for
status 3 full time.
Status 3 applies
to
all
classifications excluding sacker carryout, demonstrator, floral, and salad bar.
An
associate who
accepts status 3 must
be
available for full
time
work up to 40 hours per week. Any associate who limits their availability on
a regular
basis
shall
be
disqualified
for
status 3 full time. Status 3 full
time
associates are eligible
for
all
contractual
provisions pertaining to full
time
except Article 9.2 and Article 22.2 (dependent health care coverage). Contributions under
Article
22
for status 3 full time associates shall commence after 6 months
of
employment.
Full
time status 3 associates shall
have scheduling seniority over all
less
senior full
time
associates
and
all
part time associates.
Definition
of
Status 4
Any associate classified
as
part time status 4
is
an
associate who limits
their
availability on a regular
basis.
Status 4
associate's seniority date will
be
their
most recent date
of
hire. They will
not
have seniority over any full time associate.
Status 4 associates includes associates
in
all classifications.
52
APPENDIX
"C":
SENIORITY
AREAS
G-1
G-2
Greenville
833
Vandalia
747
St.
Mary's
910
Siebenthaler
836
Sidney
913
Needmore
933
Troy
914
Huber Heights
754
Piqua
932
Huber Heights
758
Englewood
938
G-3
H-1
Wayne Avenue
705
Springfield
720
Miamisburg
759
Springfield
730
Springboro
922
Springfield
741
Alex-Bell
931
Springfield
832
Springfield
835
H-2
H-3
Spinning
Road
729
Dorothy
Lane
825
Beavercreek
745
Stroup
Road
826
Smithville
Road
751
Centerville
815
Whipp
Road
812
Fairborn
830
Xenia
829
Sugarcreek
935
53
APPENDIX
"0":
PERMANENT
PANEL
The parties have agreed
that
the
arbitrators named below shall serve on a permanent panel
to
hear and render awards
following arbitration
as
discussed
in
Article 8.3.
1.
Mark Glazer
2.
Deborah Brodsky
3.
John
Murphy
4.
Samuel Nicholas
5.
Mitchell Goldberg
6.
Richard
Dissen
7.
Barbara Doering
8.
Charles Kohler
9.
Mark Lurie
10. Edwin Render
If any
of
the
arbitrators refuse appointment
to
this panel, retire, or otherwise become permanently unavailable
for
service,
counsel
for
Kroger and counsel
for
the Union will confer and mutually agree on a replacement
arbitrator
within
30
days
of
being notified
of
the
arbitrator's being unavailable.
Notwithstanding
the
fact
that
Article 8.3 calls
for
a panel
of
12
arbitrators,
the
parties agree
that
this panel
of
10 arbitrators
shall satisfy the requirements
of
Article 8.3.
If agreed in
writing
by counsel
for
Kroger and counsel
for
the Union
for
a particular grievance,
the
parties may appoint
an
arbitrator
not
named on this list by using
the
standard appointment procedures
of
the
Federal Mediation and Conciliation
Service.
In
this instance,
each
party shall have the right
to
strike one entire panel and request a new panel at
that
party's
expense. Any
arbitrator
appointed through this method shall have
the
same
authority
as
the members
of
the
permanent
panel
for
that
particular
case.
54
Mr.
Lennie Wyatt, President
UFCW
Local
75
913 Lebanon Street
Monroe, Ohio 45050
Dear Lennie:
This letter
of
understanding should
be
attached
to
and
become a part
of
the
Agreement between
the
parties.
The
intent
is
to
clarify several points
of
negotiations, which are appropriate
for
a letter.
1. Job Descriptions/Customer
Requests-
It
is
our
understanding
that
people who
work
in the sacker/carryout,
salad
bar and
floral attendant classifications are
to
be limited
to
performing work
as
outlined
in
their
job
descriptions.
Should any grievance arise regarding application
of
the
above,
it
may proceed directly
to
the
third step
of
the Grievance
Procedure.
2.
Labor Management
Committee-
A Labor/Management Committee shall be established
to
discuss mutual problems.
Such
meetings will take place on a quarterly basis (January, April, July, and October)
if
needed. If a problem would occur
of
an
urgent nature, then meetings will take place sooner than
as
mentioned above.
The Committee shall
be
comprised
of
representatives
of
the Union, representatives
of
the
Employer and rank
and
file
members.
An
agenda will be agreed upon
prior
to
the
meeting.
Both parties agree
to
participate
in
FMCS
training program. This training will include union stewards and store managers.
The Company will provide the necessary unpaid
time
off
for
the
stewards
to
participate.
3.
Vacation Weeks
-It
is
understood and agreed
that
the
Employer shall restrict no more than
twelve
(12) vacation weeks
during any calendar year.
To
compensate
for
each
restricted week, the Employer shall provide
an
offset week scheduled
within
two
(2)
weeks
of
the
restricted week (i.e., vacation weeks reduced below a normal limitation during restricted weeks
shall
be
added
to
the normal limitation during offset weeks). The Union and associates shall
be
advised prior
to
each
January vacation scheduling
of
the
restricted and offset weeks for
that
year.
If you concur
with
the above, please sign
in
the
space provided below.
Sincerely,
Reuben M. Shaffer
Director
of
Human Resources
Labor Relations
55
For
the
Union:
Ms. Teresa Turley
Human Resource Manager
The Kroger Company
150 Tri-County Parkway
Cincinnati, Ohio 45246
Dear Teresa:
As
discussed and mutually agreed upon, all
future
qualifiers under
the
ratio structure, in accordance
with
the
Letter
of
Understanding, will
be
eligible
for
full-time contributions
the
first
of
the
month following the qualifying quarter. The
BDCS
date will also be the first
of
the month after
the
qualifying
quarter
for
those
who
qualify
for
the
full-time
contributions and
for
those who already have full-time benefits
with
part-time status.
In
addition, the Company
has
agreed
to
notify
the Union within a period
of
the
end
of
the qualifying
quarter
as
to
who
is
eligible
for
full-time benefits
and/or
status. The Union will receive copies
of
the
letter
of
those
who
have accepted
or
declined benefits
and/or
status. The waiver
letter
(enclosed) declining full-time benefits and status must
be
completed
within
two
weeks
of
notification.
The
Company will continue
to
offer
full-time benefits and status
to
associates on the part-
time
seniority list until the obligation
is
met
under
the
ratio structure.
Sincerely,
FOR
THE
UNION:
UFCW
Local
75
Lennie
Wyatt
President
56
FOR
THE
EMPLOYER:
Kroger Company
Teresa Turley
Human Resource Manager
LETTER
OF
UNDERSTANDING:
RATIO
QUALIFICATION
1.
Associates who qualify under the ratio shall
be
eligible
for
full-time status
as
per Article 15.15 and full-
time benefits
as
per Article 22.3
of
the current collective bargaining agreement.
2.
If
an
associate
is
not
eligible
for
full-time status and benefits because
of
failure to work sufficient hours
to
qualify, they will receive full-time status and benefits
as
soon
as
they qualify
as
per Articles 15.15 and
22.3.
3.
Any associate who declines full-time status and/or benefits under the ratio must
sign
a waiver
to
that
effect. This waiver only applies
to
associates who have become eligible under the ratio at the time they
become eligible.
4.
Associates who decline full-time status
and/or
benefits
as
outlined in #3 above shall only become eligible
for full-time status
and/or
benefits
by
submitting a written revocation
of
that
waiver
to
the Human
Resources
Department and
the
Union.
FOR
THE
UNION:
FOR
THE
EMPLOYER:
UFCW
Local
75
Kroger Company
Signature
Date
Teresa Turley
Date
Human Resource Manager
57
DAYTON
LETTER
OF
UNDERSTANDING-
HEALTH
CARE
The parties agree
to
implement, effective January 2013, Health Reimbursement Accounts
for
the Kroger Dayton
group under the same general terms
as
outlined in
the
Health
Care
Letter
of
Understanding
of
the Kroger
Cincinnati-UFCW
Local
75
agreement, dated October
9,
2010
to
October
5,
2013. The parties
further
agree
to
adopt the same administrative procedures and program details
as
set forth by
the
Trustees
of
the Southwest Ohio
Health
and
Welfare Fund
for
the
Kroger Cincinnati group.
The parties
further
agree
that
all dental and vision benefit changes negotiated
in
the
next Kroger Cincinnati-UFCW
Local
75
agreement shall
be
applicable
to
the
Kroger Dayton group
with
the same effective date
of
change.
Currently, dental and vision benefits
for
Kroger associates covered by
the
Dayton and Cincinnati agreements are
identical and
it
is
the
intent
of
the parties
that
this practice shall
be
continued.
FOR
THE
UNION:
FOR
THE
EMPLOYER:
UFCW
Local
75
Kroger Company
Date
Date
58