Looking for an agreement? Search from over 1 million agreements now.
Home > Labor Agreements/Union Agreements > Agreement Preview

Union Agreement

This is an actual contract by Sanderson Farms.

Save time and money with our Premium Packages.
Buy all (8) recommended agreements for
$140.00 (50% savings)
Agreement Preview
Sectors: Food, Beverages and Tobacco
Effective Date: December 01, 2004
Related Agreement Types:
Search This Document
EXHIBIT 10


A G R E E M E N T


BETWEEN


SANDERSON FARMS, INC.


(HAMMOND PROCESSING DIVISION)


AND


UNITED FOOD AND COMMERCIAL WORKERS


LOCAL UNION 455


AFFILIATED WITH THE


UNITED FOOD AND COMMERCIAL WORKERS


INTERNATIONAL UNION


DECEMBER 1, 2004 - NOVEMBER 30, 2007


TABLE OF CONTENTS


ARTICLE PAGE - ------- ---- I. AGREEMENT 1


II. RECOGNITION 1


III. MANAGEMENT PREROGATIVES 2


IV. SHOP STEWARDS 2


V. GRIEVANCE PROCEDURE 3


STEP 1 3


STEP 2 3


STEP 3 4


VI. ARBITRATION 5


VII. NO STRIKE - NO LOCK OUT 7


VIII. UNION BULLETIN BOARD 7


IX. HOURS OF WORK 8


X. SENIORITY 10


XI. LEAVES OF ABSENCE 12


XII. SENIORITY LIST 14


XIII. MISCELLANEOUS 15


XIV. VACATIONS 16


XV. INSURANCE 17


XVI. HOLIDAYS 18


XVII. WAGES 19


XVIII. NO DISCRIMINATION 20


XIX. AUTHORIZATION FOR REPRESENTATION AND CHECK-OFF 21


XX. UNION SECURITY 21


XXI. PROFIT SHARING -- RETIREMENT 22


XXII. DURATION OF AGREEMENT 23


SIGNATURES 23


APPENDIX A 24


APPENDIX B 27


ARTICLE I
AGREEMENT


Section 1. This Agreement made and entered into this 1st day of December, 2004, by and between Sanderson Farms, Inc. (Hammond Processing Division) of Hammond, Louisiana, hereinafter referred to as the Company or Employer, and United Food and Commercial Workers Local Union 455, affiliated with the United Food and Commercial Workers International Union, hereinafter referred to as the Union.


Section 2. The general purpose of this Agreement is to establish just and equitable terms and conditions of employment and to provide methods for fair and peaceful adjustment of differences which may arise. It is recognized by the Agreement to be the respective duty of the Company, the Union and the Employees to cooperate fully, individually and collectively toward the accomplishment of said aims.


ARTICLE II
RECOGNITION


Section 1. The Company recognizes the Union as the exclusive bargaining agent for all production and maintenance employees, including truck drivers, at the Employer's poultry processing and rendering plant in Hammond, Louisiana, and excluding office clerical employees, guards and/or watchmen, salesmen, professional employees, and supervisors as defined in the Act.


-1-


ARTICLE III
MANAGEMENT PREROGATIVES


Section 1. Nothing in this Agreement shall be deemed to limit the Employer in any way in the exercise of the customary functions of management which are recognized as the Employer's exclusive responsibility, including, but not limited to, the right to plan, direct, and control operations, to utilize the services of contractors, to determine the number, size and location of its establishments, to close an establishment or departments thereof, to hire, to promote, to demote, and for proper cause to discipline, suspend or discharge, to assign and schedule work and transfer employees from one job or department to another, and to make and enforce reasonable rules and regulations relative to any and all of these matters or to the management of its operation, provided that the reasonableness of rules may be tested in the grievance procedure. The Employer shall be the exclusive judge of all matters pertaining to its operations and their scheduling and the methods, processes, equipment, means of operation and size of workforce.


Section 2. The Employer retains all prerogatives and rights of management and all privileges and responsibilities not specifically limited by this Agreement.


ARTICLE IV
SHOP STEWARDS


Section 1. The Employer recognizes the right of the Union to designate shop stewards, not to exceed fifteen (15) in number, who shall be assigned to serve specific areas of the plant to handle such Union business as may arise. The shop stewards shall be employees of the Company. The Union shall notify the Company in writing as to the names of the


-2-


stewards and of any changes in designation of stewards.


Section 2. A representative of the Union shall be permitted to enter the plant at reasonable times, upon Employer's premises and plant, provided such representative shall in no way interfere with the operations of Employer's business and shall make arrangements with the Employer's manager.


ARTICLE V
GRIEVANCE PROCEDURE


Section 1. Grievances arising under this contract are herein defined as a claim by a party to this Agreement or an employee covered by this Agreement that the Company or the Union has violated a provision of this Agreement.


STEP I


The employee shall discuss the grievance or complaint with the immediate supervisor within five (5) working days after the event giving rise thereto occurs, or within five (5) working days following the date on which the grievant had or reasonably would have had knowledge thereof. In the event the employee so requests, the appropriate steward shall be present at this step. The supervisor shall give an answer within five (5) working days after the grievance is received.


STEP 2


If there is no settlement in Step 1, the grievance may be presented by the employee and/or shop steward within five (5) working days from the date on which the supervisor's answer was given in Step 1. The grievance must be presented in writing to the department superintendent and must state the following information:


-3-


(a) name or names of employee or employees involved;


(b) the department or departments involved;


(c) the date and time of the occurrence or discovery of the grievance;


(d) the facts of the incident on which the claim is based;


(e) the specific provision of this Agreement alleged to have been
violated;


(f) the remedy requested.


The department superintendent shall give the Company's answer in writing within five(5)working days after the grievance is received by the superintendent.
STEP 3


In the event the grievance is not settled in Step 2, then the grievance may be appealed in writing to the division manager or a designated representative by the Union to Step 3 within five (5) working days from the Company's answer in Step 2. The division manager or a designated representative shall give an answer in writing within five (5) working days from the date of the appeal. In the event the grievance is not settled then the aggrieved party or parties shall have the right to request arbitration.


In the event a grievance arises on behalf of the Employer, the matter shall be presented to the Union Business Agent in writing, who shall have seven (7) days from the date of submission within which to endeavor to reconcile the grievance presented and shall give an answer in writing within that time. If not settled within that time, the aggrieved party or parties shall have the right to request arbitration.


Section 2. Discharge grievances shall be processed initially under Step 3 of the grievance procedure. The written grievance shall be filed with the division manager within five (5) working days following the date of discharge.


-4-


Section 3. failure to observe the time limit specified herein for original presentation of a grievance or presentation in any subsequent step of the grievance procedure on the part of either the grievant or the Union shall be conclusive evidence that the grievance has been settled and abandoned.


Failure on the part of the Company to comply with the time limits for delivering its answer in any step of the grievance procedure shall automatically advance the grievance to the next step of the grievance procedure.


The time limits of the grievance procedure may be extended by mutual consent of the Union and the Company.


ARTICLE VI
ARBITRATION


Section 1. If a party to this Agreement desires to take a grievance to arbitration, it shall within fifteen (15) calendar days after the denial of the grievance, give written notice of his intention to the other party, together with a written statement of the specific provision or provisions of this Agreement at issue.


At the request of either party, the time limit for notice under this section shall be extended for a period not to exceed fifteen (15) calendar days to allow the Division Manager or his designated representative to meet with the Executive Assistant to the President of the Union and discuss the grievance. No further extension shall be granted.


Section 2. The parties shall attempt to select an impartial arbitrator. If they are unable to agree upon a choice within seven (7) calendar days after the receipt of Notice of Intent to Arbitrate, either party may request the Federal Mediation and Conciliation Service to


-5-


submit a list of five (5) arbitrators, from which the arbitrator will be selected. Selection shall be made by the parties alternately striking any name from the list (the first to strike shall be the party requesting arbitration) until only one (1) name remains. The final name remaining shall be the arbitrator of the grievance.


Section 3. The jurisdiction and the decision of the arbitrator of the grievance shall be confined to a determination of the acts and the interpretation or application of the specific provision or provisions of this Agreement at issue. The Arbitrator shall be bound by terms and provisions of this Agreement and shall have the authority to consider only grievances representing solely an arbitration issue under this Agreement. The arbitrator shall have no authority to add to, alter, amend, or modify any provision of this Agreement. The decision of the arbitrator in writing on any issue properly before the arbitrator in accordance with the provisions of this Agreement, shall be final and binding on the aggrieved employee or employees, the Union, and the Employer.


Section 4. Multiple grievances shall not be heard before one arbitrator at the same hearing except by mutual agreement of the parties.


Section 5. The Union and the Employer shall each bear its own costs in these arbitration proceedings, except that they shall share equally the fee and other expenses of the arbitrator in connection with the grievance.


-6-


ARTICLE VII
NO STRIKE - NO LOCK OUT


Section 1. For the duration of this Agreement, there shall be no strike, stoppages, slowdowns, picketing, or other interruption of or interference with the operations of the plant.


Section 2. The Company shall not lock out employees for the duration of this Agreement.


Section 3. Neither the violation of any provisions of the Agreement, nor the commission of any act constituting an unfair labor practice, or otherwise made unlawful, shall excuse the employees, the Union, or the Company from their obligations under the provisions of this Article.


Section 4. An employee discharged or otherwise disciplined for violation of this Article, may seek review of such discipline through the grievance and arbitration procedures provided herein. In this event, the only question to be reviewed shall be whether or not the employee participated in the prohibited conduct.


ARTICLE VIII
UNION BULLETIN BOARD


The Employer will provide a bulletin board in the plant for posting of Union notices. All matters to be posted shall be submitted to the Division Manager or a designated representative for approval prior to posting, and management's decision shall be final.


-7-


ARTICLE IX
HOURS OF WORK


Section 1. The regular work week shall consist of five (5) days or forty (40) hours. This shall not be construed as a guarantee of any amount of hours or work. The basic work week shall be the seven (7) day period from 12:01 a.m. Sunday until midnight the following Saturday. Employees will be given at least one (1) calendar week's notice of any change by the Company of the payroll week.


Section 2. An employee who works more than forty (40) hours in any one week shall be paid at time and one-half the regular rate of pay for all hours in excess of forty (40).


Section 3. When employees are called to work a shift outside their regularly scheduled shift and report for work, or when they report to work at their regularly scheduled time, they shall be given the opportunity to work a minimum of three (3) hours or receive pay for same at the applicable hourly rate, except that no such pay shall be made when the plant cannot operate for reasons beyond the control of the Employer, such as, but not limited to, strikes, utility failure, fire, flood, storms or other acts of God interfering with work, or a breakdown of machinery or equipment when the Company notifies the employees not to report to work at least four (4) hours prior to the scheduled time to work.


Section 4. Employees will be paid at their regular rate for all waiting time of thirty (30) minutes or less, so long as they do any job they are assigned. Employees will not be paid for waiting time which exceeds thirty (30) minutes if (1) they are relieved of all duties, (2) are free to leave the plant, and (3) are told the time they must return to work. Employees will not be relieved without pay more than once in any workday except for a lunch break


-8-


of not more than one (1) hour.


Section 5. The Company will provide one (1) unpaid break of not less than thirty (30) minutes for lunch during each shift, and shall provide one (1) twelve (12) minute paid rest period prior to lunch each day. In addition, all employees will be allowed one (1) twelve (12) minute paid rest period after the lunch break provided the work time is expected to be not less than two and one-half (2 1/2) hours. No unpaid break shall be provided for maintenance employees.


The Company shall have the right to provide a twenty-f
-- End of Preview --
Home| About Us| FAQ| Subscription | Contact Us |

Privacy Policy   Terms of Service  54.221.145.174