(f) The Arbitrator shall be a person designated by mutual consent of the parties. In the event that the Company and the Union are unable to agree upon an Abitrator within five (5) days after the matter has been referred to Arbitration, either party may apply to the Federal Mediation and Conciliation Service for a panel of seven (7) Arbitrators, and each party alternately shall strike three (3) names from the panel so obtained, and the name remaining shall be the Arbitrator designated to hear and determine the grievance.
The Arbitrator shall have no power to add to, detract from, or in any way alter the provisions of this Agreement.
The award of the Arbitrator shall be final and binding on both parties hereto. The cost of arbitration shall be shared equally by the Company and the Union.
7. The Collective Bargaining Agreement contains, in Article 1 thereof, a Union Recognition Clause which provides as follows:
Liberty Baking Company recognizes the Union as the exclusive representative of all its production and maintenance employees, covered by the classifications embodied in this agreement, for the purpose of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment, excluding craft maintenance, garage employees, car washers, office employees, sales drivers, truck drivers, engineers, guards, professional employees, and supervisors as defined in the act as amended.
(b) No Supervisor, Superintendent or Foreman will be a member of the Union.
(c) No Supervisor, Superintendent or Foreman will perform the normal work of any employee covered by this agreement except for the purpose of instructions or experimental work. The Union agrees that this provision shall not apply in cases of power failures, floods or unavoidable breakdowns.
8. The Collective Bargaining Agreement contains, in Article 2 thereof, a Union Security Clause which provides as follows:
(a) It shall be a condition of employment that all employees 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 30th day following said execution date become and remain members in good standing in the Union.
(b) It shall also be a condition of employment that all employees covered by this agreement and hired on or after said execution date shall on the 30th day following the beginning of such employment become and remain members in good standing in the Union.
(c) The Employer agrees to furnish the Union with a list of the names of the employees hired and/or separated once each week, accompanied with the reason for his/her termination.
9. The Collective Bargaining Agreement contains a Seniority Clause in Article 10 thereof, which provides as follows:
1. Subject to the ability of the employee to do the available work, promotions, demotions, layoff, recall and vacancies shall be handled on a seniority basis. The senior employee shall be given a trial period of up to fifteen (15) days to prove his ability.
2. A job is to be considered open to bid only after an employee covered under this contract has definitely left the job through layoff, discharge or resignation, transfer to another shift or department, or transfer to another job by bid or a new job is created.
3. Any job open to bid in accordance with paragraph 2 above shall be posted on the main bulletin board for a period of 72 hours. If no employee bids within the 72 hour period they shall be considered as having waived their right to bid for that job and then the Employer will recall the laid off employee in accordance with their seniority for the unfilled job.
(a) Jobs open for bid shall be first posted in the department.
(b) After all bids are exhausted within the department, then the unfilled job shall be posted on the main plant bulletin board for bidding on a plant wide seniority basis.
(c) Any successful bidder will carry with him his total plant seniority.
4. It is understood that in case of layoffs in excess of seven consecutive calendar days, employees subject to layoff, who after having been considered on a departmental basis are unable to qualify for continued employment in their own department, shall be given the opportunity for continued employment on a plant wide basis. Such employees may displace any employee in the plant with less seniority. It is further understood and agreed that layoffs or transfers continuing for more than seven consecutive calendar days shall subject such jobs to the bidding procedure, for reason that upon restoration such jobs shall be considered as vacancies.
5. If such layoff is for less than a week, because the Employer is unable to provide a full week's work for all employees in the department, then such employee affected, on the basis of plant seniority, shall have the right to replace the employee with the least seniority for the day or days necessary to give such employees forty (40) hours pay.
6. Females that are presently on male classified jobs to be there as long as they are employed by the Company, or until they bid off their jobs. The females will be permitted to bid only on female classified jobs. Female jobs will be posted on a Master Board for females.
7. Females working on male jobs shall have the right to return to the female classification in accordance with seniority. However, male employees will have the right to continue in available work in accordance with their seniority. The male and female classifications will be listed as such.
8. It is further understood that an employee's seniority will not be affected by layoffs due to curtailed production, except as provided herein:
Employees with less than thirty days of employment... No days
Thirty days to six months... 60 days
Six months to one year... 90 days
Over one year and less than two years... 240 days
Over two years and less than three... One year
Over three years... Two years
© 1992-2004 VersusLaw Inc.