Retail Apparel Merchants Association, Inc. and New York Joint Board of Amalgamated Clothing Workers of America (1975)

Transcription

1 Cornell Unversty LR School Retal and Educaton Collectve Barganng Agreements - U.S. Department of Labor Collectve Barganng Agreements Retal Apparel Merchants Assocaton, nc. and New York Jont Board of Amalgamated Clothng Workers of Amerca (1975) Follow ths and addtonal works at: Thank you for downloadng an artcle from DgtalCommons@LR. Support ths valuable resource today! Ths Artcle s brought to you for free and open access by the Collectve Barganng Agreements at DgtalCommons@LR. t has been accepted for ncluson n Retal and Educaton Collectve Barganng Agreements - U.S. Department of Labor by an authorzed admnstrator of DgtalCommons@LR. For more nformaton, please contact hlmdgtal@cornell.edu.

2 Retal Apparel Merchants Assocaton, nc. and New York Jont Board of Amalgamated Clothng Workers of Amerca (1975) Locaton NY Effectve Date Expraton Date Number of Workers 500 Employer Retal Apparel Merchants Assocaton, nc. Unon New York Jont Board of Amalgamated Clothng Workers of Amerca Unon Local n/a NACS 44 Sector P tem D b174f014_05 Keywords collectve labor agreements, collectve barganng agreements, labor contracts, labor unons, Unted States Department of Labor, Bureau of Labor Statstcs Comments Ths dgtal collecton s provded by the Martn P. Catherwood Lbrary, LR School, Cornell Unversty. The nformaton provded s for noncommercal, educatonal use, only. Ths artcle s avalable at DgtalCommons@LR:

3 ? N*-X - 9 M S\ AGREEMENT mads and entered nto as of the 1st day!, ' N of October, (herenafter called the "Agreement") by and! =---- between the RETAL APPAREL MERCHANTS ASSOCATON, NC;. (here- {nafter called the "Assocaton") on behalf of tself and each of ts members sgnatory hereto (sad members beng heren-! after called the "Assocaton Members"; and the NSW fy0rk JONT j BOARD^OF THE AMALGAMATED CLOTHNG WORKERS OF AMERCA (heren- after called the "Unon"). WHEREAS, the Assocaton and the Assocaton Members and the Unon were partes to a collectve barganng agreement whch expred September and desre to contnue ther relatons on the terms and condtons below set forth. NOW, THEREFORE, n consderaton of the mutual j!covenants and agreements herenbelow set forth and of the sum j of One ($1.00) Dollar by each to the other n hand pad, the d 6*00 lat J recept of whch s hereby* acknowledged, the sad partes "v agree to and wth each other as follows: 1. The term "Employees" as used n ths agreement x jshall nclude all offce and clercal workers and cashers. " jemployed by the Assocaton Member. j A. All present employees who are members of the Unon on the effectve date of ths Agreement shall be re- jqulred as a condton of contnued employment to reman j members n good standng of the Unon. All other employees!shall be requred as a condton of employment to be members of the Unon sx (6) weeks after the day followng the be-! jgnnng of employment or the effectve date of ths Agreement whchever s later. f at any date durng the term of ths jagreement t shall be lawful to requre membershp). n the j!unon of all employees as a condton of employment, ths jclause shall be deemed amended as of such date to so provde, and requre. - 1-

4 wtrjh ; k fc <.-V»J.V J»aL*«fc tt\. Hn* V t.»<*%,«s.v\ * 2. (A) Effectve a3 of October 1, 1975«Assocaton Members shall pay the followng Mnmum wages to all cashers and offce and clercal employees: Not less than $2.00 per hour upon commencement of employment and not less than a $5»0j0 ncrease per week mmedately after sx weeks of employment. n the event any Muncpal, State or Federal Agency shall ncrease the mnmum wage, the Assocaton Members agree to! pay such new mnmum to all new employees and to all employees then recevng less than such mnmum xvage. (B) Effectve retroactvely a3 of October 1, : all cashers and offce and clercal employees shall j receve a wage ncrease of $10.00 per week. Effectve October 1, 1976, all offce and clercal employees shall receve a further wage ncrease of $5*90 per week. Effectve Aprl 1, 1977* all offce and clercal employees shall receve a further wage ncrease of $5*00 par week. Effectve October 1 k 1977» all offce and clercal employees shall receve a further wage ncrease of $ 5*00 per week. Effectve Aprl 1, 1973, all offce and clercal employees shall receve a further wage ncrease of $5*00 per week, jl (C) All offce and clercal workers shall work j thrty-fve (35) hours per week, to consst of fve (5) days, seven (7) hours per day; all cashers shall work thrty-seven and one-half hours per week, to consst of fve (5) days, seven and one-half (7r) hours per day. Hours worked n excess of seven and one-half (7-1/2) hours n any one day or thrty- seven and one-half (37-1/2) hours n any one week shall be pad for at the rate of tme and one-half. (D) n any holday week, offce and clercal workers shall work four (^) days, twenty-eght (28) hours, seven (7) hours per day. (E) n any holday week, cashers shall work four (A) days, thrty (32) hours, seven and one -half (7-1/2) hours per day

5 (F) Overtme, n all categores shall commence after seven and one-half (7-1/2) hours n one day, or thrty- seven and one-half (37-1/2) hours n one week, and such overtme shall be pad for at tme and one-half the regular pay. ' (G) All cashers and offce and clercal workers who have been n the employ of an Assocaton Member at the : commencement of the vacaton perod on July 1st (l) For a!perod of sx (6) months but less than one (l) year shall receve one (l) week s vacaton wth pay annually; and (11) for a perod of one (l) year but less than three (3) years 1 l shall receve two (2) weeks' vacaton wth pay annually; and j(ll) for a perod of three (3) years or more shall receve three (3) weeks' vacaton wth pay annually. (H) All employees who have been contnuously employed for a perod of thrteen years or more shall receve four (*0 weeks' vacaton wth pay. The thrd and fourth week of the vacaton need not be consecutve but may be taken as mutually agreed upon between the Employer and the employees., nvolved, takng nto consderaton the busness requrements ;of the Employer...., () Vacaton pay shall not be dmnshed by reason of absence on account of llness f such absence does not exoesd a total of three (3) months durng the twelve (12) months precedng the vacaton perod. f such absence exceed^ three (3) months, the vacaton pay shall be n proporton to the number of months worked durng such twelve (12) months. (J) An employee otherwse elgble for a pad vacaton who s not employed at the commencement of the vaca- ton perod because of termnaton of the busness of the Employer, or because of dscharge or layoff, shall be enttled to apportoned vacaton pay as of the date of dscharge or layoff. An employee otherwse elgble for a pad vacaton - 3-

6 h '. ' a..."'4 > -< v Jr shall not be deemed nelgble because of the fact that he or she s temporarly lad off or s n the Armed Forces of )the Unted States at the commencement of the vacaton perod, jthe mpartal Charman shall have jursdcton to determne whether a worker, otherwse elgble for a pad vacaton, who; ;has been dscharged pror to the commencement of the vacaton j perod for a reason other than termnaton of the busness of j the Employer, shall be enttled to receve the vacaton pay. (K) All cashers and offce and clercal workers shall receve sx (6) non-cumulatve days of sck leave each year wth pay. (L) All part-tme cashers, offce and clercal l! j!employees shall receve apportoned wage ncreases and holday '^vacaton and sck leave benefts. 3. Each Assocaton Member shall deduct monthly jfrom the wages of ts employees, who have duly authorzed the j!same, Unon Dues and ntaton Fees n accordance wth n- l!structons from the Unon and shall transmt such deductons promptly to the Unon. n the event of actual lqudaton and actual j!gvng up of busness or a store by an Assocaton Member, t jshall be releved from further performance of ths Agreement! after such lqudaton has been consummated and the busness! or store gven up, but t shall contnue to employ all of ts! l!employees durng the perod of lqudaton. t s clearly j;understood, however, that the sale or transfer of the busness jto any other frm, ndvdual, partnershp or corporaton, or ja reorganzaton of the members stores or store shall not!jreleve the Assocaton Member from the full oblgatons of 1!ths Agreement. No Assocaton Member or offcer of a corporaton that s an Assocaton Member shall become drectly or jndrectly nterested as owner or employee of any person, frm or corporaton engaged n the Retal Men s Clothng busness :whch does not have contractual relatons wth the Unon or jwhch employs employees as defned heren who are not members H - 4-

7 n good standng of the Unon. 5. (A) The Assocaton Members shall not dscharge jor lay off any of the employees wthout the consent of the 1!Unon. (B) Complants, grevances or dsputes as they l jmay arse shall be taken up for adjustment by representatves { of the Assocaton wth the representatves of the Unon. n the event of the partes not agreeng wthn forty-eght (^3) hours, the dspute shall be submtted for arbtraton to the j mpartal Charman n the Men s Clothng ndustry desgnated junder a certan collectve barganng agreement between the tamalgamated Clothng Workers and the New York Clothng Manu- jfacturers Exchange. Sad mpartal Charman s hereby desgnated by the partes hereto as the Arbtrator under ths Agreement. The decson of the mpartal Charman on any matter lthus submtted to hm shall be fnal and bndng upon all partes. All arbtratons shall be held n the Cty and State jof New York and shall be subject to the laws of the State of... JNew York. The decson of the mpartal Charman or Arbtrator jmay be enforced n a court of law or equty and t s agreed 'by the partes hereto that judgment may be entered on the.!award of the mpartal Charman. The partes consent that any papers, notces or processes, ncludng subpoenas, necessary or approprate to ntate or contnue an arbtraton hereunder or to enforce or confrm an award, may be served by ordnary mall drected to the last known address of an Assocaton Member or t s Attorney. The servce of any other notce tha may be requred under the Cvl Practce Laws and Rules s hereby expressly waved. The mpartal Charman may call a lj hearng on such notce a3 he deems approprate. The oath of the Arbtrator s waved. n the event a party defaults n j appearng before the Arbtrator, the latter s empowered to j take the nroof of the party appearng and to render an award 1 thereon. - 5-

8 -V f y. V->:-? vagrtjjysft 6. (A) All employees shall receve the followng seven (7) holdays wth pay: New Year's Day, Washngton's Brthday, Decoraton Day, July Fourth, Labor Day, Thanksgvng Day and Chrstmas Day..All employees shall be enttled to the foregong seven (?) holdays wth pay rrespectve of the day of the week on whch the holday falls. Should any of the sad holdays fall on a Sunday, the day celebrated as such shall be consdered the holday. All employees shall be pad n addton for all other holdays on whch the store of the Employer s closed. f the store of the Employer s open on Washngton's Brthday all work performed on that day shall be!pad for at the rate of tme and one-half n addton to pay for the holday. (B) n addton to the foregong holdays, each employee shall receve two (2) holy days off wth pay n each contract year. Each employee shall gve the Assocaton Member at least two (2) week s notce a3 to such holy days,and the same must be mutually satsfactory to the Assocaton Member and the Employee. 7. Each employee shall receve three (3) days off wth bereavement pay n the event of the loss of a father, mother, sster, brother, chld or spouse. 8. The Assocaton Member agrees to recognze and deal wth such representatves of hs employees n hs establshment or establshments and of the Unon as the Unon may elect or appont. The Assocaton Member further agrees to :permt the duly accredted representatves of the employees ;of the Unon to vst hs establshment or establshments any! tme durng workng hours. 9. Effectve as of October 1, 1975* the Assocaton Member shall contrbute ten and two tenths (10.2) percent of t u { h3 payroll to the Amalgamated nsurance Fund, to provde health, dsablty, hosptalzaton, death and retrement benefts, to the employees covered by th3 Agreement. (f 'tt / J^ 7^ t {utl j a j ^ a ^ T ' j ta. / / » // f /

9 10. Any custom or practce exstng n the establshment of the Assocaton Member at the tme of the executon of ths Agreement more favorable to the employees than the l jjprovsons hereof shall be contnued as heretofore. 11. n the event the Assocaton Member makes an assgnment for the beneft of credtors or fles a voluntary petton n bankruptcy or an nvoluntary petton n bankruptcy ;s fled aganst the Assocaton Member, all benefts accrung to the employees shall mmedately become due and payable. ] 12. n the event of actual lqudaton and actual '.gvng up of busness or a store by an Assocaton Member, t jshall be releved from further performance of ths Agreement j after such lqudaton has been consummated and the busness or store gven up, but t shall contnue to employ all of ts employees durng the perod of lqudaton. t s clearly understood, however, that the sale or transfer of the busness j to any other frm, ndvdual, partnershp or corporaton, or ] a reorganzaton of the members1 stores or store shall not {releve the Assocaton Member from the full oblgatons of {ths Agreement. Mo Assocaton Member or offcer of a corporat o n that s an Assocaton Member shall become drectly or ;ndrectly nterested as owner or employee of any person, ;frra or corporaton engaged n the Retal Men s Clothng busness whch does not have contractual relatons wth the Unon or whch employs employees as defned heren who are not members n good standng of the Unon. 13. Notwthstandng the resgnaton, suspenson lor expulson of any Assocaton Member from the Assocaton, the oblgaton of the Agreement shall be bndng upon such Assocaton Member for the fttll term of the Agreement. j la. Ths Agreement shall become effectve on the date frst above mentoned and shall contnue n full force! : and effect up to and ncludng September 30th, 1978, and shall, be automatcally renewed from year to year thereafter unless - 7-

10 sxty (60) days pror to sad expraton date or sxty (60) day3 pror to the expraton date of any renewal of sad Agreement notce n wrtng by regstered or certfed mal, s gven by ether the Assocaton or the Unon to the other of ts ntenton to termnate the wthn agreement or of ts ntenton to propose changes theren. Notce by the Unon to j the Assocaton shall be deemed Notce to all the Assocatonj Members. 15. Annexed hereto and made part hereof and marked Exhbt "l s the Amalgamated nsurance Fund General Group Agreement pursuant to whch Exhbt "1" the Assocaton Members agree to make the payments as set forth n paragraph "9" of ths Agreement. N WTNESS WHEREOF, the partes hereto have caused ths Agreement to be executed as of the date frst above wrtten. RETAL APPAREL MERCHANTS ASSOCATON NEW YORK JONT 30ARD OF THE AMALGAMATED CLOTHNG WORKERS OF AMERCA By. Lcn3 Hollander, Manager Bv { //Z 't 'f CCtr&A / ( r l -X, Vncent Rccardell, Manager

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12 Bureau of Labor Statstcs Collectve Barganng Studes U.S. Department of Labor Ths report s authorzed by law 29 U.S.C. 2. O.M.B. No. 44-R mds Your voluntary cooperaton s needed to make Ap March the results o f ths survey comprehensve, * accurate, and tmely. January 23, 1978 r L Offce of the Research Drector / Amalgamated Clothng and Textle Workers Unon 15 Unon Square New York, New York n J Gentlemen: / We have n our fle of collectve barganng agreements a copy of your agreement(s): between your unon's New York Jont Board and the Retal Apparel Merchants Assocaton, nc.. The agreement we now have, expred September Would you please send us a copy of your current agreement-wth any supplements (e.q.. employee-beneft plans) and wage schedules-negotated to replace or to supplement the expred agreement. f your old agreement has been contnued wthout change or f t s to reman n force untl negotatons are concluded, a notaton to ths effect on ths letter w ll be apprecated. should lke to remnd you that our agreement fle s open for your use, except for materal submtted wth a restrcton on publc nspecton. You may return ths form and your agreement n the enclosed envelope whch requres no postage. PLEASE RETURN THS LETTER WTH YOUR RESPONSE OR AGREEMENT(S). f more than one agreement, use back o f form for each document. (Please Prnt) 1. Approxmate number of employees nvolved Number and locaton of establshments covered by agreement 9 _N-Y.. 3. Product, servce, or type of busness RetaJ_Stores 4. f your agreement has been extended, ndcate new expraton date September 3 0, 1978 Patrca F. Brown, Research Lbraran (212) Your Name and Poston Area Code/Telephone Number 15 Unon Square New York, N.Y, Address Cty/State/ZP Code BLS2452 December 1976