Retail Clerks International Protective Association, Local 99, AFL, Addendum (1941)

Transcription

1 Cornell University ILR School Retail and Education Collective Bargaining Agreements - U.S. Department of Labor Collective Bargaining Agreements Retail Clerks International Protective Association, Local 99, AFL, Addendum (1941) Follow this and additional works at: Thank you for downloading an article from DigitalCommons@ILR. Support this valuable resource today! This Article is brought to you for free and open access by the Collective Bargaining Agreements at DigitalCommons@ILR. It has been accepted for inclusion in Retail and Education Collective Bargaining Agreements - U.S. Department of Labor by an authorized administrator of DigitalCommons@ILR. For more information, please contact hlmdigital@cornell.edu.

2 Retail Clerks International Protective Association, Local 99, AFL, Addendum (1941) Location Phoenix, AR Effective Date Expiration Date Number of Workers 250 Union Retail Clerks International Protective Association Union Local 99 NAICS 44 Sector Private Item ID b132f014_02 Keywords collective labor agreements, collective bargaining agreements, labor contracts, labor unions, United States Department of Labor, Bureau of Labor Statistics Comments This digital collection is provided by the Martin P. Catherwood Library, ILR School, Cornell University. The information provided is for noncommercial, educational use, only. This article is available at

3 atc peeheht / _ 7 < 7 / This agreement entered into t h i s day o f, 19 4l by and between, hereinafter called the Employer and the R etail Clerks International Protective Association,.? by it s agent, Local Union No. 99 o f Phoenix, Arizona, h erein afte r c a lle d the Union. WITNESSETH The Employer recognizes the Union as sole bargaining agent for a l l employees as c la s s if i e d in th is agreement so long as such reco gn itio n is not in v io la t io n of any statu te, law or ordinance. i t T r T - r DJi»w a i O r! J. The Employer sh all have-the p riv ile g e o f h irin g Union or non-union men and women provided that non-union men and women sh all f i l e ap plication within seven (7 ) days with the Union and such application, sh all become fin a l w ithin th irty ($0) days from date o f employment. Extra and part time employees so hired sh all obtain a working permit from the Union w ithin seven ( 7 ) do;>- of employment* A ll employees as c la s s ifie d in th is agreement who are now in the employ o f the Employer s h a ll become members o f the Union in good standing and remain in good standing during the l i f e o f th is agreement* SECTION I I The Employer sh all not and hereby agrees not to discrim inate against any employee covered by th is agreement, or discharge any employee because of membership in the Union or for upholding the p rin cip les o f the American Federation of Labor and/or upholding Union p rin c ip le s. The Employer sh all have the rig h t to discharge any employee for good cause such as dishonesty, insubordination, incompetency, in toxication, unbecoming conduct, or fa ilu r e to perform work as re q u ired. SECTION I I I No employee covered by th is agreement sh all su ffer any reduction in pay because o f the adoption or through the operation of' th is agreement, nor sh a ll any employee be r e -c la s s ifie d for the purposo of defeating this agreement* SECTION It' Package Boys or Caddy Boys works Employees who are hired to do such work are re s t ric te d to the fo llo w in g Carrying packages to the customers' cars Sweeping Racking o f empty b o ttle s Sacking o f groceries in the checking stand Lining o f push carts or empty baskets Running errands the Employer hereby agrees that +nis c la s s ific a t io n o f employees Bhall not perform any other work in the store that in commonly done by Union members* The Union hereby agrees that th is c la s s ific a tio n o f employees sh all not be required to become members o f the Union* SECTION V The Employer agrees to make promotions on the basis o f fitn e s s, a b ilit y and seniority* Where q u a lific a tio n s are equal, sen iority sh a ll p re v a il. In the t- v rhat an employee i3 transferred from, one store to another, he sh all nox lose b:n seniority rig h ts* (1)

4 SECTION VI The Employer agrees to furnish and launder a l l caps* uniforms, emock3, aprons, towels and ra g s. SECTION V II The authorized business representative of the Union sh all have the p riv ile g e o f entering the premises o f the Employer for the purpose o f interviewing the employees so long as such v is it s do not in te rfe re with the duties o f the employees<. And such Union representative sn ail have the p riv ile g e to examine the Employer5s payroll account o f any employee covered by th is agreement where there is a dispute concerning the wages o f such employee SECTION V III A ll f u l l time regular employees covered by th is agreement who have been in the employ o f the Employer for twelve consecutive months p rio r to vacation period, which sh all be from May 1st to September 1st of each year, sh all be en titled to one week's vacation with pay. SECTION IX The Union Store Card is vhe property o f the Union and is loaned to the Employer fo r d isp lay. The Uns :r.. -re Card may be removed from the store or stores by the Union for any v io la tio n o f vhis agreement. SECTION X The fo llo w in g holidays s h a ll be observed without deduction in pay: New Y e a r's Day, Decoration Day, Independence Day, Labor Day, Arm istice Day, Thanksgiving Day and Christmaso Pending the time when a l l markets or food stores close on the above named holidays, any employee required to work on any such holidays sh all be paid the overtime rate of time and one h a lf or given day and a h a lf o ff in lie u thereof on the week preceding or the week immediately follow in g such week in which the holiday f a l l s. Where a holiday f a l l s on Sunday, Monday sh all be observed. SECTION XI Hours F ifty eight (p 8 ) hours sh all constitute a week's work. A ll hours worked in excess o f f i f t y eight ( 5 8 ) hours in any one calendar week sh all bo paid at the rate o f time and one h a lf the regu lar rate of pay. I t is mutually agreed that no employee sh all be required to work more than ten (10) hours Monday through Friday o f each week and twelve (12) hours on Saturday or days preceding holid ays. A ll time worked in excess of ten (10) hours in any one day from Monday through Friday and twelve (1 2 ) hours on Saturday or days preceding holidays sh all be paid at the rate o f time and one h a lf the regular rate of pay«there sh all be no s p lit s h ifts. A ll employees s h a ll, i f required by the Employer to do so, render the necessary service in the taking o f inventory in r,he manner and method previously established and sh all be paid straigh t time rate o f pay fo r such work, holidays excepted. A ll part time and extra help sh all be subject to the provisions o f the overtime conditions as stated in th is Section* In the event the Employe/ employ s apprentice clerks i t is agreed that they s h a ll be lim ited to the ra tio s One to every three one year or over experienced clerk s, or fra c tio n thereof* This ra tio sh all be followed in succession, namely, two apprentices for four :: six one year or over experienced c le rk s. I t is provided that in case no one year or over experienced clerks are a v a ila b le the employer may employ addition al apprentice clerk s u n til such time that the employer car. fin d, or R e ta il Clerks Union, Local #99 can fu rn ish said experienced clerks In the event i t is necessary for an employee to work Sundays, except in the uking of inventory, it. i 0 mutually agreed that said employee sh all receive the ra - of pay of tm 3 and one h a lf fo r every i^our he works, or some ether day o f f wl-, ;.n the week in lie u th ereof. Forty eight (4 8) hours s h a ll con stitu te a work week for a l l female employ000* (2)

5 Wage Scale : Male SECT-IOS XII Unexperienced Clerks F ir s t Six Month $20.00 Experienced C lerks Second Six Months 2 2,5 0 Experienced Clarke A fte r one year 2 5,0 0 Experienced Clerks A fte r two years Experienced C lerks A fte r three years 50,00 Experienced Part Time and Extra Help.40 per hour When part time or extra help is ordered to report to work they sh all be guaranteed a t le a s t four ( 4 ) hours work. Wage Scale: Female Cashier or Checker Clerks $ ,00 SECTION X III The employer agrees that any employee who e n lis ts or is drafted for M ilitary or Naval Service sh all re ta in his sen iority rig h ts and upon his Honorable discharge from such service the Employer agrees to re-employ such employee in his former position provided such employee is not mentally or physically disabled to prevent him from performing h is normal d u tie s. SECTION XIV In the event that any disputes or oontroversies arise during the l i f e o f this agreement, the Union members w ill continue to work pending an adjustment o f the dispute or controversy as follow s The matter in dispute to be submitted to a committee o f four (4 ), two (2 ) o f whom sh all represent the Employer and two (2 ) o f whom sh all represent the Union. The decision o f the raafiority o f the committee sh all be fin a l and binding. In the event of fa ilu r e to reach a satisfacto ry decision the committee sh all select a f i f t h (5th.) person to be mutually agreed upon and the decision o f the m ajority o f the committee sh all be fin a l and binding upon the parties o f this agreement Such award sh a ll not change* a lt e r, e ffe c t, or modify the terms o f th is agreement. SECTION XV This agreement shal.' on In f u ll force and e ffe c t from August 1st, 1941 to August 1st, And i t is f.-1 '-.or agreed that on th irty (JO) days written notice given by either party prior 1. any August 1st o f each year, th is agreement may be opened for consideration 0! wages and hours only. And, i t is further agreed that i f the general le v e l o f cost oi liv in g in this area has increased or decreased to a figu re o f not less than ten (IC,> per cent above or below the le v e l of such cost o f liv in g ab o f August 1, 1941, as shown by o f f i c i a l survey by the U. So Government or any o f it s o f f i c i a l departments, on a th irty ( 5 0 ) day w ritten notice given by either party then th is agreement may be opened fo r the consideration o f wages only. I f the Union and the Employer cannot mutually agree, then the controversy sh all be submitted to a rb itra tio n under the terns o f the A rb itra tio n clause contained in this agroemor.t. and the decision o f said A rb itra tio n Board sh all be binding and fin a l on both p a rtie s and the d ecision o f the A rb itra tio n Board s h a ll not be retroactive? IN WITNESS WHEREOF, The Employer and the Union have caused these presents to be executed by th eir proper o ffic e rs the day and year f i r s t above w ritten. RETAIL clerks inter national PROTECTIVE ASSOCIATION BY AGENT 1,09,.: UNION NO. 99 By 1 resident, Local No. 99 By Secretary, Local Ho. 99 EMPLOYER By. By Business Representative O '

6 ADDENDUM TO AGKEBMSNT This addendum attached to the regular agreement is executed between the parties hereto as a substitute for "SECTION XII" of the foregoing agreement. This substitution is made under the provisions of Section 15 of the original agreement. This increase in wages to begin March 23rd, The Union agrees not to notify the employer of a desire to ehange this Contract under the conditions of the "Cost of Living" Clause of Section 15, before the first of July, Nothing in this addendum shall be construed as abrogating any of the clauses of the original agreement, but is intended to change such clauses as are affected by the "Cost of Living" Clause of Section 15 of the original agreement. SUBSTITUTED FOR SECTION XII Wage Scale: Male: Unexperienced Clerks First six months ft Experienced Clerks Experienced Clerks Experienced Clerks Experienced Clerks Second six months After one year After two years After three years Wage Scale: Female: Cashier or Checker Clerks Part Time and Extra Help First six months $ First six months v.40 per hour DATES: AT: Phoenix, Arizona RETAIL CLERKS INTERNATIONAL PROTECTIVE ASSOCIATION BY AGENT LOCAL UNION NO. 99 EMPLOYER: By: President, Local No. 99 By By: Secretary, Local No. 99 By: Business Representative

7 ADDENDUM TO AGREEMENT THIS ADDENDUM attached to the regular Agreement is executed between the Parties hereto as a substitute for "Section Z I and X II" of the foregoing Agreement. This substitution is made under the provisions of Section 15 of the original Agreement, and according to the decision and recommendation of the War labor Board, awarded the Union following an A rbitration hearing between the R e ta il C lerks1 Union, local No. 99, and the Employers, held on November 13, 14 and 15, Any and a l l adjustments in wages and hours shall be re troactive to October 19, 1942, and shall be made immediately upon the signing of this Addendum. Such Award sh all not change, a lter, e ffe c t, or modify the terms of this Agreement other than as specified in this Addondum. Substituted for Section XI The basic work week shall be (52) hours. Any timg worked in excoss of fifty -tw o (52) hours in any one week sh all bo paid at the rate of time and one-half for ovgr-time. Any time worked in excess of nine- (9) hours in any one day, Monday through Friday, shall be paid at the rate cf time and one-half for over-time. Any time worked in excess of ten (10) hours on Saturday sh all be paid at the rate of time and one-half for over-time. A ll employees sh all, i f required by the employer to do so, render the necessary service in the taking of inventory in the manner and method previously established and shall be paid straight time- rate of pay for such work, holidays excepted. A ll part time and extra help shall be subject to the Provisions of the Over-time Conditions as stated in this Section. In the event the employer employs apprentice clerks it is agreed that they sh all be limited to the follow ing ra tio : one to every three one year or over experienced clgrks, or fraction thereof. This ra tio shall be followed in succession, namgly, two apprentices for four to six ono year or over experienced clerks, It is provided that in casa no one year or over experienced clerks are available the employer may employ additional apprentice clerks until such time that thg employer can find, or R etail C lerks Union, Local No. 99, can furnish said experienced clerks. In the event it is necessary for an employee to work Sundays, except in the taking of inventory, it is mutually agreed that said employee sh all receive the rate of pay of time and one-half for every heur he works, or some other day o ff within the week in lieu thereof. Forty eight ( 48) hours shall constitute a work week for a ll female employees.

8 Substituted for Section X II * j Wage Seale Male 52 hr. wk. Wkly. rate Hrly. rate ft Unex. Clks. 1st six me3. $ Exp. Clks. 2nd six mos Exp. Clks. After 1 yr Exp. Clks. After 2 yrs Exp. Clks. After 3 yrs t Experienced part time and extra help.45 per hr. When part time or extra help is ordered to report to work they shall bo guaranteed at least four (4) hours work. Wage Scale Pe male 48 hr. wk. required by State law. 4 i Unexp. Clks. 1st six mcs wkly..45 hrly. Exp. Clks. 2nd six mcs !f.475 " Exp* Clks. After 1 yr IT.505 " Exp. Clks. " 2 yrs Tf.55 " IT Exp*' Clks. " 3 yrs " Part time and extra he lp * per hr I DATE S: - AT: Phoenix, Arizona DETAIL CLERKS IIITERRATIONAL PROTECTIVE ASSOCIATION BY AGENT LOCAL UNION NO. 99 By: President, Local No. 99 EMPLOYER By By: Secretary, Local No. 99 By: Rusinc ss Representative

9 ABBSST/Jj'i m x. *>,*jf> r i p This Addendum to that certain Agreement dated on or about August 1, 1941, and expiring August 1, 1944, between the parties hereto shall ba a substitute for Section X II of said Agreement and ej.il subsequent amendments to said Section XTI. This substitution is made as a result of negotiation between the parties pursuant to Section XV of said Agreement, Nothing in this Addendum shall be construed as abrogating any of the other Sections of the original Agreement (as amended by decision of arbitrator dated February 4, 1943 and approved by National War Labor Board) save and except as herein provided. This increase in wages to be effective August 1, 1943, subject to the approval of the War Labor Board, or such other Governmental agency having ju risd iction to hoar, determine or approve such changes for the purpose of obtaining Governmental approval of such adjustments. WAGE SCALE 'Weekly Rate 1st 6 months Hourly rate."57i 48 Hours $27.60' 52 Hours $2* ^Hours 2nd 6 months After 1 year.67i Inc xper icnced part-time and extra, help, 50/ ^er hour. Experienced part-time and extra help: C]e rks who have been regu larly employed in a r e t a il grocery business for 6 months during past three years, 57- -/ per h~ur. ^ Clerks who have been regu larly employed in a r e t a il grocery business fereno yc-nr during the past three years, 67-^/ per hour. Retroactive pay, based on increased rates as approved by Y/ar Labor Board, shall be allowed and paid tc employees as soon as possible afte-r the adjustment is approved. Such retro active pay sh all not be allowed to any employee who is not working for the employer on the date of such approval, except as to these who have le ft for the following reasons: 1. Those who enter m ilitary service directly after leaving the employment of the employer. 2. These who have transferred to another firm in the R etail Food Industry within the ju r is diction cf Local No These who have been discharged by the employer.

10 Employees receiving pay in cxcesscf this proposed scal6 shall not suffer a reduction fr m present rates. D A T E D : At: Phoenix, Arizona R E T 1 IL CLERICS INTERNATIONAL PROTECTIVE ASSOCIATION BY AGENT LOCAL UNION NO. 99 EMPLOYER: By: By: Jrc siden t, Local N o. 99 Secretary, Local No. 99 By: By- Business Representative

11 M % N am e-f o ^ a ^ o p employers association signing the agreement j'lj j>_i w r y than one employer, please l i s t reverse Number o f companies covered by agreement r Number o f union members working under terms o f agreement S ~~ j Number o f nonmembers working under terms o f agreement Branch of trade covered Date signed. /? / Date o f Z x p iratio n Do you wish the agreement returned? Yes No Kept co n fid en tial* U w v (Naafe o f person fu rn ish in g inform ation) / 7 CMdreisT ^10417