RETAIL FOOD, MEAT, BAKERY, CANDY AND GENERAL MERCHANDISE AGREEMENT MARCH 1, 2004 - MARCH 5, 2007 between UFCW UNION LOCALS 135, 324, 770, 1036, 1167, 1428 & 1442 and ALBERTSONS, INC. RALPHS GROCERY COMPANY VONS, A SAFEWAY COMPANY COMMON QUESTIONS ASKED ABOUT A CONTRACT WHAT IS A CONTRACT? A Contract is a negotiated Agreement. It establishes rules at the worksite. It spells out what is required of your Employer, and what your Employer can require of you. WHAT DOES THE CONTRACT COVER? Wages, working conditions, health and welfare and pension benefits, seniority and grievance procedure, just to name a few. For a complete list, please refer to the INDEX. WHY SHOULD I READ THE CONTRACT? The better you know and understand your Contract, the more prepared and able you will be to make it work for you. If you don’t know your rights, you can’t know if and when they are being violated. Also, if you don’t exercise your rights, you will lose them over time. The Contract requires that you must protest/grieve a violation of your rights (including wages) within certain time limits. Knowing your rights under the Contract will help make sure you are never taken advantage of on the job. It will also contribute significantly to making your Union stronger. WHAT SHOULD I DO IF I AM ACCUSED OF A VIOLATION OF COMPANY POLICY? If your Employer believes you violated a Company Policy, you could receive some form of discipline. If you receive a written warning, a suspension or are terminated, call the Union office as soon as possible and speak with your Union Representative or the "Rep of the Day". Remember, you must sign all warning notices, but signing them is not an admission of guilt. It only means that you have received a copy. WHAT SHOULD I DO IF MY EMPLOYER VIOLATES THE CONTRACT? If your Employer violates the Contract, such as, asking or requiring you to work "off-the-clock" or does not pay you correctly, you don’t have to go it alone. Remember, your Employer has agreed to follow the Contract, so do not hesitate to exercise your contractual rights. Call the Union office as soon as possible and speak with your Union Representative or the "Rep of the Day". WE ARE HERE TO HELP! INDEX ARTICLE 1 - RECOGNITION OF THE UNION A. BARGAINING UNIT B. FOOD MARKET EXCLUSIONS 14. Overall Store Manager and Assistant Manager 15. Owner C. DISCOUNT STORES EXCLUSIONS D. DRUG STORES (OR DEPARTMENTS) EXCLUSIONS E. SHOE STORES (OR DEPARTMENTS) EXCLUSIONS F. CATEGORIES OF EMPLOYEES - FOOD MARKET 1. Food Clerk 2. General Merchandise Clerk 3. Clerk's Helper 4. Snack Bar and Take -Out Food Department Employees G. DEFINITION OF DRUG DEPARTMENT 1. Definition 2. Pharmacist H. DEFINITION OF A UNIFORM DEPARTMENT 1. Definition 2. Employees I. UNION JURISDICTION ARTICLE 2 - EMPLOYMENT PROCEDURES A. UNION SECURITY B. NOTICE OF NEW HIRES C. CONDITIONS OF WORK FOR NEW EMPLOYEES D. ENFORCEMENT 1. Introductory Letter 3. Delinquency Notice 4. Termination Notice E. HIRING NEW EMPLOYEES F. EXTRA HELP G. COOPERATION/MEAT H. NONDISCRIMINATION I. GENDER REFERENCE J. DUES DEDUCTION ARTICLE 3 - DISCHARGE A. DISCHARGE FOR CAUSE B. TERMINATION FOR INCOMPETENCY AND LAYOFF C. NOTICE OF INTENTION TO QUIT D. TERMINATION PAYMENT E. TERMINATION PROCEDURE F. PROBATIONARY PERIOD ARTICLE 4 - SENIORITY, TRANSFER & LAYOFFS A. SENIORITY LISTS B. LAYOFFS, TRANSFERS RESULTING FROM LAYOFF AND REINSTATEMENT 4. Seniority in Layoffs 5. Reinstatement C. OPERATIONAL TRANSFER D. ADDITIONAL HOURS E. SENIORITY GRIEVANCES F. SENIORITY AND QUALIFICATIONS H. PROMOTION I. DEMOTION J. TRANSFER TO HIGHER CATEGORY K. CLARIFICATION L. HIRING PROCEDURES ARTICLE 5 - WORKING HOURS AND OVERTIME A. FULL-TIME EMPLOYEE B. PART-TIME EMPLOYEE 5. Part-time Meat Cutter C. EXTRA MEAT CUTTER D. MEAT DEPARTMENT EIGHT-HOUR GUARANTEE E. WORKWEEK F. OVERTIME G. SIXTH DAY/GROCERY H. SIXTH OR SEVENTH DAY/GROCERY I. SIXTH OR SEVENTH DAY/MEAT J. REGULAR WORKDAY K. READY FOR WORK L. LEGAL PROCEEDINGS M. WORK SCHEDULE N. FALSIFICATION OF TIME RECORDS 1. No Employer Knowledge 2. Collusion 3. Coercion O. CONSECUTIVE DAYS WORKED P. PREDESIGNATED DAY OFF GUARANTEE Q. SUNDAY GUARANTEE R. WORKDAY DEFINED S. ON CALL T. PART-TIME EMPLOYEES - SIXTH DAY U. WORK IN A HIGHER CATEGORY AND OTHER DEPARTMENTS (General Merchandise Clerks Working In Higher Classification V. TRAVEL PAY W. INTERRUPTION OF OPERATIONS ARTICLE 6 - WAGES A. WAGE RATES 1. Bonuses and Rates of Pay 3. Frozen Rates B. PREMIUMS 1. Night Premiums 2. Sunday Premiums 3. Person In Charge/Grocery 4. Service Seafood Department Head C. NONPYRAMIDING D. APPRENTICESHIP (CLERK) (PRIOR EXPERIENCE) E. EMPLOYEE LISTS F. WAGE DISCREPANCY 1. Settlement Attempt 2. Written Notificaton G. NO REDUCTION IN RATES H. OVERTIME BASIS I. DEPARTMENT HEAD 1. Definition 2. Department Head Time 3. Intent 4. Head Meat Cutters' Rates J. CLERK'S HELPERS WORKING AT APPRENTICE RATE K. PAY DAY L. NEW CONTRACT M. INJURY ON THE JOB N. BONUS PAYMENTS O. TRAVELING CLERKS P. SNACK BAR AND TAKE-OUT FOOD AND SERVICE DELICATESSEN DEPARTMENTS Q. COMBINATION FOOD MARKET AND DISCOUNT STORE ARTICLE 7 - HOLIDAYS A. PAID HOLIDAYS B. HOLIDAY PREMIUM C. HOLIDAY WEEK D. PART-TIME EMPLOYEES E. REQUIREMENTS F. VOLUNTARY CLOSING G. HOLIDAY GUARANTEE H. EASTER SUNDAY/GROCERY I. HOLIDAYS FOR EMPLOYEES HIRED ON OR AFTER MARCH 1, 2004 ARTICLE 8 - VACATIONS A. FULL-TIME EMPLOYEES 1. One Year 2. Two Years 3. Five Years 4. Fifteen Years 5. Twenty Years 6. Full Pay Defined B. PART-TIME EMPLOYEES C. VACATIONS FOR EMPLOYEES HIRED ON OR AFTER THE MARCH 1, 2004 D. PRO RATA E. VACATION TRUST F. ABSENCE G. VACATION SCHEDULE H. NOTICE I. NOT WAIVED J. NOT CUMULATIVE K. HOLIDAY DURING VACATION L. PAYMENT DATE ARTICLE 9 - LEAVES OF ABSENCE A. PREGNANCY, ILLNESS AND INJURY B. OTHER PURPOSES 1. Death in Family 2. Funeral Leave 3. Union Business C. LEAVE REQUESTS D. SENIORITY AFTER A LEAVE E. TERMINATION AFTER A LEAVE F. VERIFICATION G. EMPLOYMENT ARTICLE 10 - SICK LEAVE A. SICK LEAVE ENTITLEMENT 1. Eligibility 2. Sick Pay Defined B. DOCTOR'S CERTIFICATE C. WAITING PERIODS D. PRO RATA E. UNUSED SICK LEAVE PAID ARTICLE 11 - JURY DUTY ARTICLE 12 - ADJUSTMENT AND ARBITRATION A. CONTROVERSY, DISPUTE OR DISAGREEMENT B. ADJUSTMENT PROCEDURE 1. Store Level 2. Meeting of Representatives C. ARBITRATION D. POWERS, LIMITATIONS AND RESERVATIONS 1. Arbitrator 2. Work Stoppages 3. Wage Claims E. STATUS QUO F. EXPENSES G. TIME LIMITS H. REPORTING DISCREPANCIES ARTICLE 13 - VISITS TO STORES ARTICLE 14 - GENERAL CONDITIONS A. TRAINING SCHOOL FEES/GROCERY B. REGISTER SHORTAGES C. RELIEF PERIODS D. STORE HOURS E. UNIFORMS/GROCERY F. MAINTENANCE OF CLOTHING/MEAT G. CLOTHING REQUIREMENT/MEAT H. FIRST AID KITS I. FLOOR COVERINGS/MEAT J. SHOP CARD K. UNION NOTICES L. UNION PRINCIPLES M. UNION ACTIVITY N. TITLES O. ALTERATIONS P. POLYGRAPH TESTS Q. INVENTORY R. DONATIONS S. STORE MEETINGS/GROCERY T. MEETINGS/MEAT U. SANITATION AND SAFETY/MEAT V. WORKING RULES W. BOND X. STEWARDS Y. BULLETIN BOARD ARTICLE 15 - TRUST FUNDS A. BENEFIT FUND B. PENSION FUND C. RETIREE HEALTH AND WELFARE E. ADMINISTRATION F. PAYMENT OF CONTRIBUTIONS G. BUSINESS EXPENSES H. TRUSTEES I. PRESERVATION OF TRUST FUNDS J. ACCEPTANCE OF TRUSTS ARTICLE 16 - NEW LOCATIONS ARTICLE 17 - SUCCESSORS AND ASSIGNS A. PARTNERSHIP DISSOLUTION B. NEW OWNER C. ACCRUED VACATION D. SALE OR TRANSFER ARTICLE 18 - OPERATIONAL CHANGES ARTICLE 19 - SEPARABILITY CLAUSE ARTICLE 20 - EXPIRATION AND RENEWAL APPENDIX A - HOURLY WAGE RATES FOR EMPLOYEES HIRED PRIOR TO MARCH 1, 2004 APPENDIX A1 – HOURLY PAY RATES AND PROGRESSIONS FOR EMPLOYEES HIRED OR PROMOTED ON OR AFTER MARCH 1, 2004 APPENDIX B - FOOD CLERK WORK APPENDIX C - GENERAL MERCHANDISE CLERK WORK APPENDIX D - MEAT DEPARTMENT EMPLOYEES ARTICLE 1 - RECOGNITION OF THE UNION A. BARGAINING UNIT B. WORK PERFORMED C. NEW METHODS D. FAILURE TO REACH AGREEMENT ON NEW METHODS E. TEMPERATURE F. JOURNEYMAN ON DUTY G. CATEGORIES OF EMPLOYEES - MEAT DEPARTMENT 1. Meat Cutter 2. Apprentice Meat Cutters 3. Wrapper 4. Response to Customer Requests ARTICLE 4 - SENIORITY, TRANSFER & LAYOFFS A. SENIORITY B. PART-TIME SENIORITY C. LOSS OF SENIORITY D. LAYOFF E. RECALL F. SPECIAL JOB SECURITY PROVISION G. INTER-UNION TRANSFER H. TRAVEL DISTANCE I. ADDITIONAL HOURS ARTICLE 6 - WAGES N. BONUS PAYMENTS ARTICLE 21 - MANAGEMENT PREROGATIVE APPENDIX E - PHARMACY TECHNICIANS A. PHARMACY TECHNICIAN DEFINITION B. PREREQUISITES C. SELECTION PROCESS D. PROBATIONARY PERIOD E. SUPERVISION BY REGISTERED PHARMACIST F. SAVINGS CLAUSE G. WAGES APPENDIX G - UNIFORM DEPARTMENTS ARTICLE 1 - RECOGNITION OF THE UNION ARTICLE 2 - EMPLOYMENT PROCEDURES ARTICLE 3 - DISCHARGE ARTICLE 4 - SENIORITY, TRANSFER AND LAYOFFS ARTICLE 5 - WORKING HOURS AND OVERTIME ARTICLE 6 - WAGES ARTICLE 7 - HOLIDAYS ARTICLE 8 - VACATIONS ARTICLE 9 - LEAVES OF ABSENCE ARTICLE 10 - SICK LEAVE ARTICLE 11 - JURY DUTY ARTICLE 13 -VISITS TO STORES ARTICLE 14 - GENERAL CONDITIONS ARTICLE 15 - TRUST FUNDS ARTICLE 16 - NEW LOCATIONS ARTICLE 17 - SUCCESSORS AND ASSIGNS ARTICLE 18 - OPERATIONAL CHANGES ARTICLE 19 - SEPARABILITY CLAUSE APPENDIX A APPENDIX H - JURISDICTIONS OF UFCW LOCALS APPENDIX I - SUNDAY HOURLY RATES FOR EMPLOYEES HIRED PRIOR TO MARCH 1, 2004 PREAMBLE THIS AGREEMENT is made and entered into between Albertsons Inc., Ralphs Grocery Company, and Vons, A Safeway Company, referred to hereinafter as the "Employer" and UFCW Locals 135, 324, 770, 1036, 1167, 1428 and 1442 chartered by the UNITED FOOD & COMMERCIAL WORKERS INTERNATIONAL UNION, AFL-CIO-CLC, referred to hereinafter as the "Union." ARTICLE 1 - RECOGNITION OF THE UNION A. BARGAINING UNIT. 1. The Employer recognizes the Union as the sole collective bargaining agent with respect to work, rates of pay, hours and terms and conditions of employment for the appropriate bargaining unit composed of all employees, including employees of lessees, licensees and concessionaires (sometimes herein referred to as "leased departments"), except as limited below, who perform work within food markets, discount stores, drug stores and shoe stores presently operated and hereafter established, owned or operated by the Employer within the jurisdiction of the Local Union. The jurisdiction of the Local Union as referred to in this Agreement is defined as set forth in Appendix H. Food markets are defined as those types of establishments covered by the collective bargaining Agreement identified as Retail Food, Bakery, Candy and General Merchandise Agreement, July 31, 1978 to July 26, 1981. 2. All work or services not specifically excluded by this Agreement is hereby recognized as bargaining unit work. Such bargaining unit work shall not be subcontracted, except as provided herein. Employees of lessees, licensees and concessionaires (hereinafter referred to as leased departments) shall be covered by this Agreement, and the Employer will at all times exercise and retain full control of the terms and conditions of employment within its stores of all employees of such leased departments. The employees of such leased departments shall be and remain members of a single overall unit encompassing all employees at the stores. This Agreement shall apply to all bargaining unit employees of such leased departments, except that if such leased department engages in a line of business which has not been historically and generally been of the type and kind engaged in by the Employer through its grocery, produce, drug, delicatessen, general merchandise, bakery or liquor departments, then in such event, the Union and the operator of the leased department shall meet and negotiate appropriate wages for employees performing such work. If the Union and the operator of the leased department are unable to agree upon such appropriate wages, an arbitrator shall be selected to hear and determine the dispute with respect to such matter, in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein. The seniority of employees of leased departments shall be separate from the seniority of employees of the Employer and the employees of other leased departments. The obligation of the Employer under this Agreement with respect to any leased department shall be limited to the foregoing, and the Employer shall not be liable for any breach of contract or failure of a leased department to abide by any provision of this Agreement; provided that the Employer shall furnish to the Union written evidence of its agreement with the operator of the leased department that the operator of the leased department has assumed the obligations of this Agreement. With respect to leased departments which are in existence as of the effective date of this Agreement, this Paragraph 2 shall have no application to such leased departments and no claim of violation of this Agreement or any predecessor agreement shall be made or maintained with respect to any such leased departments in existence as of the effective date of this Agreement. 3. It is recognized by the Employer and the Union that Paragraph 2 of this Section A is a single integral understanding and agreement, and further agreed that if and when a final decision of a court of competent jurisdiction or a decision of the National Labor Relations Board, if such decision becomes final without review in the courts, adjudges the said Paragraph 2, or any part thereof, to be in conflict with or in violation of any law, Paragraph 2 in its entirety shall be of no further force and effect and the parties shall, at the request of any party, meet for the purpose of renegotiation and agreement on the said Paragraph 2. This Agreement with respect to said Paragraph 2 only, supersedes the provisions of Article 19. 4. In the event that the Employer establishes a new department or creates new work in any of the stores or establishments operated by the Employer which are covered by this Agreement, for which wages are not specifically provided in this Agreement, it is agreed that, should the parties be unable to reach agreement upon wages for such work, the parties shall then submit the matter to arbitration in accordance with Article 12 of this Agreement, notwithstanding in this situation any provisions to the contrary contained therein and shall be bound by the terms of the arbitration award. 5. In the event the signatory Employer should operate discount stores, drug stores or shoe stores within the geographical jurisdiction of the Local Union, the appropriate terms and conditions of employment, as in existence with the other employers operating alike retail establishments, shall be immediately applied by the signatory Employer. Upon failure of the parties to agree on the wage rates, the rates shall be established by arbitration, again notwithstanding in this situation any provisions to the contrary contained therein. 6. It is recognized by the Employer and the Union that the bargaining unit as defined hereinabove is composed of several segments consisting of food markets, discount stores, drug stores and shoe stores. With reference to such segments, it is agreed that negotiations shall be conducted in each segment, separate and apart from any other segment and that any economic action undertaken by the Union or Employer shall not extend to or include or in any way involve any other segment. It is further agreed that with reference to any segment the Employer may join with any other employers in any collective bargaining negotiations covering such segment and may participate fully therein, including participation in any economic action, which may occur, subject to the limitations hereinabove set forth regarding noninvolvement of other segments. 7. No restrictions or prohibitions shall be placed on the sale of any prepackaged or pretreated merchandise purchased from any source not directly related through ownership or management control to the Employer. It is understood, however, that the work involved in the sale of such merchandise will be performed in accordance with this Agreement. B. FOOD MARKET EXCLUSIONS. Excluded from the segment for food markets are: 1. Persons engaged exclusively in janitorial and/or maintenance work. 2. Persons presently under a collective bargaining agreement with the Culinary Workers Union, or persons employed in a complete restaurant. 3. Persons who confine their work solely to demonstration, offering of samples, assisting customers in the selection of merchandise being demonstrated, and activities of an advertising nature. 4. Persons who build promotional displays as long as such displays do not include merchandise for selection or pick-up by customers. 5. During any three (3) consecutive days preceding the reopening of an old food market, discount store, drug store or shoe store of the Employer, which has been closed for remodeling for a period of thirty (30) days or less, upon prior notice to the Union, persons not in the bargaining unit may perform any work in such store. 6. Except as provided for in Article 14, the taking of inventories may be done by employees or persons who are not members of the bargaining unit and who are engaged exclusively in such work, provided that any such employees will become a part of the bargaining unit upon the signatory Union giving proof (cross-check) of its majority representation of such employees. 7. Notwithstanding any language to the contrary contained in this Agreement between the parties, it is agreed that this Agreement shall have no application whatsoever to any new food market, discount store, drug store or shoe store until fifteen (15) days following the opening to the public of any such new establishment. Neither shall this Agreement have any application whatsoever to any food market, discount store, drug store or shoe store which is reopened after it has been closed for a period of more than thirty (30) days until the fifteenth (15th) day following the date of such reopening to the public. The Employer shall staff such new or reopened food market with a combination of both current employees and new hires, in accordance with current industry practices of staffing such stores with a cadre of current employees possessing the necessary skills, ability and experience, plus sufficient new hires to meet staffing requirements. Employees, who are thus transferred, upon whom contributions are made to the various trust funds shall continue to have contributions to the several trust funds made on their behalf in the same manner and in the same amount per hour as such contributions were made prior to their transfer. Notwithstanding anything in this Agreement to the contrary, it is agreed that when the remodeling of an existing location occurs without such store being closed, the Employer shall only be obliged to give the members of the bargaining unit employed by him in such store an opportunity to perform the work required for such remodeling at the applicable contract rate except that such opportunity to perform such work shall not include any overtime hours. When members of the bargaining unit within such store are not available for such work, such work may be performed by persons not in the bargaining unit. Notwithstanding anything to the contrary contained in this Agreement between the parties, it is agreed and understood that the probationary period for any new hires in such new or reopened store(s) referred to above shall not begin until the fifteenth (15th) day following such opening or reopening of such store(s) to the public. 8. Persons engaged in the inspection of merchandise displayed for sale as to its condition or status of inventory for the purpose of recommending changes to be made or services to be performed by the employees within the bargaining unit. 9. Store office employees whose work is not directly connected to checkstand operation or procedures. 10. Employees of suppliers engaged in the handling of the following categories of merchandise: (a) Bread and cakes when delivered by bakery drivers. (b) Potato chips, corn chips and similar snack items, but no other delicatessen products. (c) Bulk and cello-wrapped candy when delivered by sales drivers. (d) Items requiring immediate refrigeration may be placed under refrigeration but not displayed. 11. No bargaining unit work may be performed within the Employer's retail establishments by persons known as book salesmen or advance salesmen; except that, book salesmen and advance salesmen may check the condition of merchandise and may build initial promotional displays (at specifically designated locations, not to include normal shelf displays), which displays may include merchandise for selection or pick-up by customers; provided, however, that if such displays require replenishment of merchandise because of customer pick-up, such replenishment of merchandise shall be performed by members of the bargaining unit. The foregoing prohibition shall not be construed to apply to work on categories of merchandise, which have heretofore been handled by employees of suppliers other than book salesmen and advance salesmen. When book or advance salesmen or merchandisers employed by suppliers have performed bargaining unit work in a store, other than that permissible under this Agreement, the Union shall notify the Employer in writing. If within six (6) months after the receipt of such notification the Employer permits a further violation of this Agreement in this respect in the store, the Employer shall become liable for the payment of damages. Damages for each such willful violation shall be an amount equal to four (4) hours' pay at the contract rate for an experienced clerk to the Southern California United Food and Commercial Workers Unions and Food Employers Supplementary Unemployment and Supplementary Disability Benefit Fund. The written notices furnished the Employer after violations as described hereinabove shall be effective with respect to the damage provisions set forth above for a period of six (6) months from the date of receipt by the Employer of such notice. Thereafter, additional six-month periods within which said damage formula provisions shall be operative shall begin with a violation of this Paragraph, followed by a written notice of same from the Union. The damage formula shall begin anew for the six-month period with such violation followed by such notice. The foregoing damage formula has been agreed upon because the damages that may be sustained as a result of each such violation are not readily ascertainable and the sum provided for is intended as compensation for the damages suffered. 12. Any new work created by the Employer covered by the Retail Food, Bakery, Candy and General Merchandise Agreement within his stores involving categories of merchandise not presently offered for sale is recognized and shall be deemed clerk's work and performed by members of the bargaining unit; except that, for a temporary period of tryout and familiarization, not to exceed six (6) months in each store following the introduction of such new category of merchandise, the Employer may contract for the performance of all or part of such work by nonbargaining unit persons; however, after the six-month period has expired, such work shall be and remain in any such store bargaining unit work exclusively subject to the terms of the collective bargaining Agreement. The rate of pay for such new work shall be as provided in the several classifications of the collective bargaining Agreement or as established pursuant to Article 1, Section A-4. 13. The Employer may maintain or adopt the vendor/supplier assistance practices or policies in effect at any employer covered by the October 4, 1999 through October 5, 2003 Retail Food, Meat, Bakery, Candy and General Merchandise Agreement, as well as said practices or policies in effect between October 4, 1999 and October 5, 2003 at Food 4 Less, Gelsons, Max Foods, Pak 'N Save, Super A and Super Saver. Each Employer agrees to provide the Union with a listing of its practices or policies within ninety (90) days of March 1, 2004. Any dispute regarding the validity of said practices or policies shall be resolved pursuant to the adjustment and arbitration provisions of Article 12. All prior Letters of Agreement or Understanding that are inconsistent with the two (2) preceding paragraphs addressing utilization of vender/supplier assistance are nullified. 14. Overall Store Manager and Assistant Manager. Two (2) persons commonly known as the overall store manager and as the assistant manager in each of the retail stores or store of the Employer are exempt from the present Agreement. A third (3rd) supervisor and/or managerial exemption, as designated by the Employer, will be allowed in each store that has a total interior square footage of 50,000 square feet or more. No bargaining unit employee shall be involuntarily reclassified as a direct result of this provision during the term of this Agreement. Nothing in this Agreement shall in any way be construed to interfere with any work, which the overall store manager, assistant manager and/or third (3rd) exclusion may perform. 15. Owner. There shall not be more than two (2) Employers in any store or group of stores having common ownership. In partnerships, "Employer" as used in this Paragraph means only bona fide partners who own an interest in the assets, and in the profits of, the partnership. In corporations, "Employer" as used in this Paragraph means only two (2) officers of the corporation who own capital stock of the corporation. No more than two (2) shareholders of a corporation, or more than two (2) bona fide partners, shall be deemed or classified as an Employer within the meaning of this Agreement. Employers as thus defined may do such work as is necessary in the conduct of the business. C. DISCOUNT STORES EXCLUSIONS. Exclusions from the bargaining unit with respect to employees employed in discount stores are as set forth in the appropriate agreement. D. DRUG STORES (OR DEPARTMENTS) EXCLUSIONS. Exclusions from the bargaining unit with respect to employees employed in drug stores (or departments) are as set forth in the appropriate agreement. E. SHOE STORES (OR DEPARTMENTS) EXCLUSIONS. Exclusions from the bargaining unit with respect to employees employed in shoe stores (or departments) are as set forth in the appropriate agreement. F. CATEGORIES OF EMPLOYEES - FOOD MARKET. The parties hereto declare that in providing for the following allocation of work, involving the handling of categories of merchandise calling for the Food Clerk rate of pay and General Merchandise Clerk rate of pay in this Agreement, they have taken into account the allocation of such work as provided for in the most recently expired contract and, have encompassed as binding herein the various decisions of arbitrators on the subject, and written settlements reached between Union parties and Employer parties, during the term of the predecessor Agreement. In addition, the allocation reflects an agreement to reassign certain items, which have been in dispute in the liquor departments, to reassign nuts and peanuts, and also frozen bakery items. A liquor department is a section of the store stocked with various alcoholic beverages and items associated with the consumption of alcoholic beverages, including non-alcoholic mixes and beverages, ice, packaged nuts, packaged peanuts, beef jerky, cups, napkins and plates, barware, cocktail party products and special holiday packs. It is not the intent that when the unrefrigerated soft drink table or aisle is located in the liquor department that the handling of the unrefrigerated soda pop on that table or aisle be performed at the general merchandise rate of pay. The Union and Employer parties further declare that they have no intention to attempt to otherwise enlarge or diminish the merchandise assigned to each such classification rate of pay during the term of this Agreement. Therefore, this Agreement shall recognize an industry-wide intent of the parties hereto with regard to this subject, recognizing, however, that some disputes will inevitably arise, and that no party intends to abandon legitimately held positions in such disagreements. There shall be established by this Agreement four (4) categories of employees to be identified as follows: 1. Food Clerk. Subject to the exclusions from the bargaining unit described above, a Food Clerk is an employee who handles all foodstuffs, excluding alcoholic beverages and products located in the liquor department including drink mixes and related items, bakery items, bulk foods, candy, nuts and peanuts in the liquor department and candy sections, tobacco, disposable diapers, special purpose party plates, special purpose party cups and special purpose party napkins, snack bar items, take-out food items, service delicatessen items, health products, nutritional supplements, beauty aids and household hardware, drug clerk functions, nursery and florist merchandise, insecticides and general merchandise. Store office employees whose work is directly connected to checkstand procedures or operations are also included in this category. Employees presently classified as Food Clerk who may be affected by this modification will be given the opportunity to be reassigned to food work or voluntarily continue in their current assignment at the appropriate rate. Items which have been determined to be Food Clerk work in accordance with either a joint settlement or arbitration award are set forth in Appendix B, which is attached hereto, and is expressly made a part of this Agreement. 2. General Merchandise Clerk. Subject to the exclusions from the bargaining unit described above, a General Merchandise Clerk is one who handles any merchandise including, but not limited to all household paper goods, household cleaning and laundry products, alcoholic beverages and products located in the liquor department including drink mixes and related items, bakery items, bulk foods, candy, nuts and peanuts in the liquor department and candy sections, tobacco, disposable diapers, special purpose party plates, special purpose party cups and special purpose party napkins, service delicatessen items, health products, nutritional supplements, beauty aids and household hardware, drug clerk functions, nursery and florist merchandise, insecticides, or performs any function other than that included in the definition of Food Clerk. General Merchandise Clerks may handle bottled water, soda pop, ice and pre-packaged produce (including but not limited to peeled carrots, prepared celery, prepared fruit and bagged salad but excluding bagged bulk items such as potatoes, onions and apples) and any item that can be handled by a vendor. Traveling clerks of concessionaires who service health products, nutritional supplements, beauty aids and houseware items or similar lines of merchandise shall be classified as General Merchandise Clerks. Items which have been determined to be General Merchandise Clerk work in accordance with either a joint settlement or arbitration award are set forth in Appendix C, which is attached hereto, and is expressly made a part of this Agreement. 3. Clerk's Helper. A Clerk's Helper is an employee whose duties do not include any of the work of a regular clerk. Clerk's Helpers may perform cleanup work anywhere in the store, except that they shall not perform floor stripping, waxing, or the scrubbing of floors as distinguished from daily cleanup work, or the washing of windows which constitute exterior walls, which work shall be reserved for classifications other than that of Clerk's Helper. If a Clerk’s Helper is assigned to periodically clean shelves, he shall only be permitted to remove the product necessary to clean the shelf and replace only those products in the same location on the shelf. Clerk's Helpers may keep the checkstands stocked with supplies, such supplies not to include merchandise offered for sale. Clerk's Helpers may handle merchandise after it has become the property of the customer and may also assist the checker or cashier in removing merchandise from the baskets or pushcarts and may return carry-backs to the shelves. Clerk's Helpers may collect and line up push carts or baskets and return them to the market and may keep the parking lot orderly and free from refuse. Clerk's Helpers may carry empty bottles to a collection point, sort and account for same and may also carry refuse to a point of disposal. Clerk's Helpers may hang signs and may put up any non-price specific signs and their duties include breaking up, removal and baling of cartons. Clerk's Helpers may put up and/or remove ice that is not consumed and/or for sale to the public. The work to be performed by Clerk's Helpers is limited to the duties set forth in this Paragraph. 4. Snack Bar and Take-Out Food Department Employees. Snack Bar and Take-Out Food Department employees are employees whose duties include solely the work set forth in Article 6, Section P-1 and 5. 5. Past practice shall not be a guide in the interpretation or application of the provisions of this Section F. 6. At the Employer's option, work in a lower category may be performed by employees in a higher category provided the Employer pays the employee at the higher rate. It is further understood and agreed that nothing contained herein shall preclude an Employer from assigning work from a higher-rated classification of employment to a lower-rated classification at any time regardless of the Employer's practice provided that such an assignment is not violative of the express terms of this Agreement. G. DEFINITION OF DRUG DEPARTMENT. 1. Definition. A drug department is defined as an operation which sells products, other than food products and related items that are customarily handled in a drug store and where a pharmacy is operated. In a free standing drug operation, all employees of such departments shall be covered by the terms of this Agreement, except as provided in Appendix F covering drug stores or drug departments and the signatory Employer shall become a party to such Appendix F. 2. Pharmacist. Whenever the Employer employs a Pharmacist either within a store or in a free standing drug store, such Pharmacist shall be covered by the terms of this Agreement as provided in Appendix F covering drug stores or drug departments and the signatory Employer shall become a party to such Appendix F. H. DEFINITION OF A UNIFORM DEPARTMENT. 1. Definition. A uniform department is defined as a specific self contained area anywhere within the store under a uniform trade name, in a differentiated uniform of distinct style and logo providing any food, food service or related products of nontraditional nature of a type not offered in an existing department as of October 1995. 2. Employees. A uniform employee shall be covered by this Agreement as provided in Appendix G covering uniform departments and the Employer shall become a party to such Appendix G. 3. The provisions of this Section and Appendix G are deemed to be separable to the extent that, if and when a court of last resort adjudges any provision of this clause in its application between the Union and the Employer to be in conflict with any law, such decision shall not affect the validity of the remaining portions of this provision, but such remaining provisions shall continue in full force and effect, provided further, that in the event any provision or provisions are so declared to be in conflict with a law, both parties shall meet immediately for the purpose of renegotiation and agreement on provisions so invalidated. 4. This Section and Appendix does not change Article 1 in any manner. It only amplifies it as it applies to "Uniform Departments." I. UNION JURISDICTION. During the life of this Agreement, the Union will not engage in jurisdictional disputes on the premises of the Employer's places of business. ARTICLE 2 - EMPLOYMENT PROCEDURES A. UNION SECURITY. All employees shall, as a condition of employment, pay to the Union the initiation fees and/or reinstatement fees and periodic dues lawfully required by the Union. This obligation shall commence on the thirty-first (31st) day following the date of employment by the Employer who is signatory to this Agreement, or the effective date of this Agreement, or the date of signature, whichever is later. B. NOTICE OF NEW HIRES. The Employer agrees to notify the Union, in writing, within fourteen (14) days from the date of first employment of any employee subject to this Agreement, of the name of such employee, mailing address, store number, Social Security number, the position for which employed, the date of first employment and the rate of pay at which the person is employed. C. CONDITIONS OF WORK FOR NEW EMPLOYEES. The Employer shall pay such person so employed during the period said person is not a member of the Union, the regular Union wages provided for in this Agreement for the class of work said person is doing, and shall in all other respects require said person to work under and live up to all of the provisions set forth in this Agreement. D. ENFORCEMENT. The parties hereto agree that this Article 2 shall be implemented and enforced as hereinafter set forth. 1. Introductory Letter. This letter will be sent by the Union to the employee's home (if the Employer has complied with Article 2-B of this Agreement requiring the Employer to supply such home address to the Union), or to the store where the employee is employed. (a) This letter will quote the language of Article 2-A of this Agreement and advise employees of the Union's office hours and other matters relating to the employee's satisfaction of his obligations under Article 2-A of this Agreement. (b) A copy of this letter shall be sent to the Employer's Industrial Relations Department on the same date that the original of the letter is sent to the employee. 2. All employees will be billed for their appropriate initiation fee and/or reinstatement fee and/or periodic dues lawfully applied in accordance with the Bylaws of the respective Local Unions. 3. Delinquency Notice. This notice will be sent to the employee's home address (if the Employer has furnished the Union with such information); otherwise it will be sent to the store in which the employee works, with copies sent to the Industrial Relations Department of the Employer and to the store manager. The delinquency letter is to be sent to the employee specifically advising him that: (a) He is delinquent in his financial obligations to the Union; (b) Advising him of the specific amount due; (c) How the amount is computed; (d) The date the sum must be received by the Union; (e) The penalty for noncompliance, i.e., discharge if the obligation has not been met; and (f) Address and telephone number of the Local Union offices and hours of operation. 4. Termination Notice. The termination notice shall be sent to the Employer involved. The copy to be sent to the employee shall be sent to the employee's home address (if the Employer has furnished the Union with such information). If the Employer has not furnished such information, the copy shall be sent to the employee at the store where the employee works. (a) The termination notice will be sent at such time as the employee has ignored all efforts by the Union to obtain compliance with this Article 2. (b) The notice will advise the Employer that the employee has failed to comply with the Union Security Clause of this Agreement in that the employee has not paid the initiation fees and/or reinstatement fees and/or dues as lawfully applied. In addition, the notice shall advise that the Union has complied with the decisions of the National Labor Relations Board, as well as its own International Constitution and Bylaws with regard to the required procedural steps of notifying the employee of the delinquency. (c) The termination notice shall also advise that the Union will not accept any payments from the employee from and after the expiration of the "seven (7) day notice" provided for in (d) below. The Union agrees that it will not in fact accept any such payments. (d) The Union will advise the Employer, in writing, when any employee has failed to acquire or maintain Union membership as required by this Agreement. Immediately upon receipt of said notice, the Employer shall advise said employee(s) that they will no longer be scheduled for hours of work on the subsequent weekly schedule until said employee(s) give evidence of compliance or the Union notifies the Employer of such compliance. Failure to comply within seven (7) days after removal from the schedule said employee(s) shall be terminated, if such termination is not in violation of existing law. (e) The Union shall indemnify and hold harmless the Employer against any and all claims, damages or suits or other forms of liability or expenses which may arise out of or by reason of any action taken by the Employer for the purpose of complying with this Article. 5. With regard to the application of this Article 2-D, all employees covered by this Agreement shall be treated without discrimination. E. HIRING NEW EMPLOYEES. When new or additional employees are needed, exclusive of Clerk's Helpers, the Employer shall notify the Union of said need. The Employer reserves the right to select the particular applicant to be hired, but there shall be no discrimination against any applicant by reason of membership or nonmembership in the Union. F. EXTRA HELP. Where the Employer has called for extra Meat Department employees and an applicant to fill the job, who meets normal requirements for the job arrives on or before the time designated by the Employer, prepared to work and presentable for work, such applicant shall be given a full day's work or pay in lieu thereof. In case the Employer requests applicants from more than one source for the same job and applicants meet these requirements, all such applicants shall be given a full day's work or pay in lieu thereof. G. COOPERATION/MEAT. In consideration for the granting of the conditions herein by the Employer, the Union agrees to refer job applicants who work for the best interest of the Employer in every way just and lawful, to give honest and diligent service to patrons of the Employer's establishment, to do everything within their power for the uplifting of the meat industry. H. NONDISCRIMINATION. To the extent required by Federal or State laws, the Union and the Employer agree not to discriminate against any employee or applicant for employment because of race, creed, religion, color, national origin, handicap, age or sex. I. GENDER REFERENCE. All references in this Agreement to sex, for example, reference to "his," "he" or "him" shall also apply to "her," "she" or "hers" and vice versa. References to "they," "them" or "theirs" shall apply equally to both sexes. J. DUES DEDUCTION. 1. The Employer agrees to deduct the regular monthly Union dues and initiation fees uniformly required as a condition of membership in the Union on a weekly basis from the wages of each employee covered by this collective bargaining Agreement who has completed thirty (30) days of employment and has provided the Employer with a voluntary individual written authorization to make such deductions on a form that has been mutually agreed upon by the Employer and the Union. Such deductions as referenced above, shall include political contributions and, by mutual agreement, weekly deductions for deposits or payments to a local credit union. The political contribution authorization may be either a separate authorization or one that has been combined with the dues deduction authorization. Such deductions, when authorized, shall be made from the net wages due an employee each weekly pay period, and shall be transmitted to the Union's office no later than the twelfth (12th) day of the month following the month in which such deductions were made. The deduction shall be expressly limited to regular monthly Union dues, initiation fees and political contributions only and the Employer shall have no obligation of whatsoever nature to make deductions for any other purpose, including but not limited to, reinstatement fees, special dues, special assessments, fines, strike funds or other assessments. 2. No deductions will be made from the wages of any such employee until the Employer has received a signed copy of a voluntary individual written authorization to make such deductions with such authorization to be received by the Employer no later than the first (1st) day of the month in which the deductions are to commence in order to be deducted for that month. 3. Authorization for such deductions is to be entirely voluntary on the part of each such individual employee, and after one (1) year following his written authorization to make deductions, any such employee may revoke his individual voluntary authorization upon giving thirty (30) days' written notice to the Employer and the Union. ARTICLE 3 - DISCHARGE A. DISCHARGE FOR CAUSE. 1. Employees may be discharged for good cause. 2. Employees who are discharged for failure to perform work as required, or excessive absenteeism, shall first have had a prior warning, in writing, of related or similar offense, with a copy sent to the Union. The employee so notified shall be required to initial such notice, but such initialing shall in no way constitute agreement with the contents of such notice. Except for failure to call prices, a warning notice shall not be required in the case of a discharge for cash register irregularities, but such alleged irregularities must constitute good cause for the purpose of sustaining said discharge. When a condition arises necessitating a bunching of sales, it shall be mandatory that the checker or cashier involved call the person in charge to supervise the ringing of the accumulated cash. 3. Any employee who is discharged shall be informed at the time of discharge of the immediate cause of discharge. Such information shall be confirmed in writing promptly upon request. 4. The Employer shall provide the employee with a copy of all written warning notices when issued. B. TERMINATION FOR INCOMPETENCY AND LAYOFF. It is understood that discharge for incompetency shall occur only at the end of the employee's current workweek. Discharges for reasons other than incompetency may occur at any time without reference to the work schedule. A layoff shall occur only at the end of an employee's posted schedule. C. NOTICE OF INTENTION TO QUIT. An employee who intends to quit his job shall, to the extent possible, give two (2) weeks' notice of his intention to quit. An employee who gives any notice of his intention to quit his job shall not be terminated, except for good cause or seniority layoff, or otherwise discriminated against during the current workweek and the workweek following the date on which he gives such notice, but in no event can he insist upon working later than his designated quit date. D. TERMINATION PAYMENT. An employee who quits or is terminated for any reason shall be paid promptly all monies due. E. TERMINATION PROCEDURE. 1. Upon the termination of an employee for any reason, the Employer shall within seven (7) days thereafter notify the Union in writing of such termination, stating the reason therefore. 2. A discharged grocery employee has seven (7) days from the date of discharge within which to file written protest with the Union. Following receipt of such written notice to the Union by the employee, the Union has fourteen (14) days in which to file a protest in writing to the Employer. If such protest by the Union is not filed with the Employer within the time limits specified herein, all rights possessed by said employee or by the Union to protest the discharge are waived. 3. Where the Employer fails to give said seven (7) days' notice to the Union, the Union may request a hearing not later than thirty (30) days from the date of termination. 4. Initiation of any claim by Meat Department employees shall be made within ten (10) calendar days of the discharge. Failure to initiate claims within the time limit set forth shall render any complaint null and void. F. PROBATIONARY PERIOD. 1. The first (1st) forty-five (45) calendar days of employment shall be considered a trial period, during which time an employee may be terminated for any reason and he shall have no recourse to the grievance procedure set forth in this Agreement concerning such termination, provided, however, that such forty-five (45) day period may be extended for an additional fourteen (14) days at the option of the Employer so long as prior notification in writing is given to the Union and the employee. 2. Insofar as part-time employees are concerned, the probationary period shall be two hundred sixty-one (261) hours of work, but in no event to exceed sixty (60) calendar days. This provision shall also apply to General Merchandise Clerks, Wrappers/Meat Clerks and/or Clerk's Helpers promoted to an apprentice Food, General Merchandise, Meat Apprentice or Meat Clerk classification to the extent that such an employee shall be returned to his former status during this period without recourse to the grievance procedure. ARTICLE 4 - SENIORITY, TRANSFER & LAYOFFS A. SENIORITY LISTS. 1. Within the separate classifications as set forth in the wage section of this Agreement, there shall be created two (2) separate and distinct seniority lists identified as "available" and "self-restricted." 2. The "available" seniority list within the separate classifications set forth hereinafter is defined as a list composed of those employees who have declared that they are available for a forty (40) hour week to be worked in any five (5) days. 3. The "self-restricted" seniority list, within the separate classifications set forth herein, shall consist of all employees who have declared their unavailability to work forty (40) hours per week in any five (5) days. 4. (a) Employees of the individual companies shall notify the Employer in writing, with a copy to the Union, of their individual selection as described in Paragraphs 2 and 3 above. Such selection by the employee shall be a permanent selection, except that two (2) times per year thereafter during the last seven (7) days of the months of January and July, the Employer shall notify all employees, in writing, that the employee may elect to change the option of original or subsequent selection of seniority lists. The selection made by the employee shall become effective on the first (1st) Monday in February and August of each year. (b) The Employer will supply the Union with a list of "available and self-restricted" clerks by Company district. The list will be automatically submitted to each union in March and September of each year for each district which includes any store in that local union's jurisdiction. Each list shall include the employee’s name, social security number, store, hire date, seniority date, job classification and full-time and part-time status. To the extent a company does not currently have the program capacity to furnish all the information, they will work toward that goal. (c) In the event an employee fails to complete the form indicating his preference as to being on either the "available" or "self-restricted" list he shall have no seniority rights until he so declares and will be subject to disciplinary action, provided that he shall first have been given notice in writing, with a copy sent to the Union, warning him of that fact, after which the Union shall have fourteen (14) days to respond before any such disciplinary action may be taken. (d) If a "self-restricted" employee is laid off, he cannot change his designation to "available" during the period of layoff, but must wait until recalled from the layoff and then can exercise his right during the next selection period. 5. (a) Within the classifications described above, seniority shall date from the day of assignment to that classification, regardless of hours worked. Such seniority within classifications shall be applied separately to the "self-restricted" and "available" seniority lists in the areas of layoff, transfers resulting from layoff, and additional hours, as specifically described below. (b) When an employee is promoted, he starts a new seniority date for that classification. For layoff purposes, he can bump back to his former classification carrying with him his total seniority. Company seniority is retained for vacation purposes. Thus, the seniority date of each employee commences with the date of hire with the Company; however, when that employee moves to a new classification his seniority will date, for seniority purposes within that classification, as the first date of his appointment to such new classification. 6. When an employee is assigned from one classification of work to another, the seniority acquired within the store and the Company shall be retained, and new seniority in the new classification shall commence as of the time of such assignment. Such assignment shall not be made for the purpose of displacing another employee. Should layoff or reduction in hours occur where the newly assigned employee is to be replaced or reduced in hours, such employee shall be permitted to reclaim the position formerly vacated, or whatever equivalent position entitled to by the combined seniority in the old and new classifications. 7. Seniority can only be broken by the following: (a) Quit. (b) Discharge. (c) Layoff for a period of time equivalent to the employee's seniority but in no event to exceed twelve (12) months. (d) Failure to return in accordance with the terms of a leave of absence or when recalled after a layoff. B. LAYOFFS, TRANSFERS RESULTING FROM LAYOFF AND REINSTATEMENT. 1. Notwithstanding anything in this Agreement to the contrary, it is recognized that business conditions may require reduction of hours and/or layoffs of employees. In such an event, the following shall apply to employees excluding Clerk's Helpers and Snack Bar/Take-Out Food employees: (a) In laying off an employee, other than during the probationary period, the Employer agrees to abide by the seniority rule as defined above in the following precedence: Seniority in the store, seniority in the Company district if the Company has established and notified the Union of such bona fide Company district. The Company will advise the Union of its Company districts and any realignments thereof. If the Company does not have districts, seniority shall be on a Company-wide basis. In the event of the closure of all stores within an existing district, seniority for layoff purposes as provided in this Agreement may be applied to the remaining stores of the Company within the geographical jurisdiction of the Union Local in which the affected employees are employed at the time of such closure. It is not the intention of this clause to continue to retain a single store in the district for the purpose of making this Paragraph not operative. The Employer will give the Union advance notice of a permanent store closing. (b) The least senior full-time employee(s) being reduced in hours in the store, within classifications, may bump the least senior full-time employee working in the same classification within twenty-five (25) miles of his place of residence within the Company district in which he is employed. If such employee does not have sufficient seniority to displace the least senior full-time employee within the twenty-five (25) miles within such district, he may bump the least senior full-time employee in his classification within such Company district in which he is employed. Union jurisdictional lines shall no longer be applicable. (c) The affected full-time employee may elect not to bump the least senior full-time employee in his classification in the Company district in which he is employed and may take a reduction to part-time within his own store based on seniority and the hours available for which he is qualified and available to work. (d) The least senior full-time employee within the affected classification who is being displaced by the procedure in Paragraph (b) above, may bump the least senior full-time employee in his classification within the Company district in which he is employed. If the affected full-time employee is the least senior within the Company district, he shall be reduced to part-time within his own store or laid off based on seniority and qualifications. (e) The least senior part-time employee within an affected classification who is being laid off from work in his store, may displace the least senior part-time employee in the same classification within the Company district in the same manner as set forth in Paragraphs (b) and (d) above. If the affected part-time employee is the least senior within the Company district, he shall be laid off and shall have no bumping rights. (f) When an employee works within a district which includes both conventional stores and a majority of stores covered by a different collective bargaining agreement (combined district), and when no initial seniority bump is available in the combined district within twenty-five (25) miles of the employee’s home, the employee may bump into the geographically closest conventional store district. (g) The above is subject to qualified employees being available to perform the required work. It is recognized that the affected employees must possess the necessary ability and qualifications to perform the available work when they assert their seniority rights under these provisions. 2. Insofar as layoffs are concerned for employees on the "self-restricted" list, the application of the seniority rule shall be confined to other "self-restricted" employees only. 3. Insofar as layoffs are concerned for Clerk’s Helpers and Snack Bar/Take-Out Food employees, the application of the seniority rule shall be confined to the store in which they work. If such employees are laid off, they do not have any recall rights in any store other than the one from which they were laid off. 4. Seniority in Layoffs. Except as specified herein, in terminating the employment of an employee, other than for good cause, the Employer agrees to abide by the seniority rule, which means the length of employment, and that the employment of the last employee employed by the Employer shall be the first (1st) to be terminated. Age, sex, or color shall not be grounds for the termination of an otherwise qualified employee, as long as those factors do not nullify Section A of Article 3, nor any of the other provisions of this Article. 5. Reinstatement. (a) The last employee(s) laid off, by reason of slackening of business, shall be given the first opportunity to reinstatement in the former position, if said employee presents himself for work within ninety-six (96) hours, excluding Saturday and Sunday, from the postmarked date of a certified or registered letter to the employee's last known address, and such letter shall state that failure of such employee to present himself within the ninety-six (96) hour period shall cancel his seniority. Failure of such employee to present himself within ninety-six (96) hours shall cancel his seniority. (b) A full-time employee, who has been reduced to part-time employment because of slackening of business or for medical reasons, must be offered the first (1st) full-time job that opens in the Company district in which he is currently employed, provided that his ability and skill equip him to fill that job. The parties expressly agree that the one-for-one remedy provided for under Paragraph 3-(d) of Section D of this Article shall not be applicable to any full-time job opening that is filled by an Employer pursuant to this provision and that the Employer shall not have any monetary liability of whatsoever nature under this provision until the second (2nd) weekly work schedule posted following its receipt of a written grievance alleging a specific violation of such provision. (c) Twenty-one (21) days after the store opens to the public, employees who are laid off or reduced from full-time to part-time or reduced in classification in the district shall be recalled by seniority and classification before any new employees who have been hired in the store during this period are retained. C. OPERATIONAL TRANSFER. 1. It is recognized that to meet the necessities of the business or to advance the Employer's equal employment opportunity program, transfer of employees either within the geographical jurisdiction of a Union party to this Agreement or from the jurisdiction of one such Local Union to another such Local Union may be required. In such cases where such transfer is effected by the Employer, the transferred employee will carry to such employee's new assignment all seniority, as defined above, acquired in the employ of the Employer. This transfer rule shall have application to both the "available" and "self-restricted" seniority lists. Transfers referred to in this Section shall not require an employee to travel one way more than twenty-five (25) miles between the employee's residence and the new location. Reasonable tolerance of these limits shall be allowed for temporary transfers such as vacation relief and store openings. 2. In cases involving operational transfers, the Employer must show either (a) business necessity or (b) the transfer's necessity to advance the Employer's equal employment opportunity program. 3. A senior employee may refuse an operational transfer only if it is over twenty-five (25) miles from his place of residence; provided, however, that the employee is protected inasmuch as the operational transfer provisions shall not be applied in an arbitrary, capricious, or discriminatory manner, or for disciplinary purposes, and shall not be utilized as a device for creating hardship to the employee in order to force or provoke resignation. 4. If an employee, on either list, is transferred to another store for any reason, he carries his seniority with him, provided that no employee on the "available" seniority list is displaced or reduced in hours as a direct result of a transfer from the geographical jurisdiction of one Local Union party to this Agreement to the geographical jurisdiction of another Local Union party to this Agreement. 5. The Employer shall have the right to transfer employees from one Company district to another Company district without regard to Local Union jurisdiction and without penalty. Such transferred employees shall retain all their seniority rights. D. ADDITIONAL HOURS. 1. (a) Seniority in regard to claiming a schedule with more hours shall apply to Clerk's Helpers, Snack Bar employees and Combination Take-Out Bar employees within their respective classifications and within the store in which they work, insofar as is practical and feasible. Such employees shall have no seniority over apprentices or experienced clerks, nor shall their seniority apply toward experienced clerk's status. (b) An employee on the "available" list may exercise his seniority over other employees in accordance with the provisions of this Section regardless of whether such other employees are on either the "available" or "self-restricted" list. It is understood, however, that no part-timer can claim the hours from employees who are full-time employees scheduled for forty (40) or more hours. It is also understood that no employee may claim a shift or shifts. 2. (a) An employee on the "available" list may, within classification, claim a schedule with more hours, except as limited by Section D-3 of this Article, when one becomes available in the store in which said employee is employed, based on seniority rights. Except that, when such employee is employed by a Company not having a fixed retail place of business, seniority shall be Company-wide within the jurisdiction of the Local Union. When no employee on the "available" list claims a schedule with more hours as set forth above, an employee on the "self-restricted" list may claim such schedule for more hours when one becomes available in the store in which said employee is employed, based on seniority rights. (b) An employee on the "self-restricted" list may exercise his seniority only over other "self-restricted" employees to claim an available schedule with more hours, but may not claim shifts as such and this claim for schedules can only be made after all the employees on the "available" list have exercised their seniority rights to claim such schedules. 3. (a) Within classifications, when a permanent schedule calling for a forty (40) hour workweek on any assignment or shift becomes available in a given store, such work schedule shall be offered on the basis of seniority and qualifications to an experienced clerk, working less than forty (40) hours, from the "available" seniority list in that store. If the offer is rejected for any reason, the employee, by such rejection, is automatically placed on the "self-restricted" seniority list and may not opt for the "available" seniority list until the second (2nd) selection period following the rejection. Employees can claim a schedule only in a store in which they work. (b) "Experienced clerk" shall mean a clerk entitled to the experienced rate of pay for his classification according to Article 6, Section D of this Agreement; provided that, it is further understood that within classifications, if all experienced clerks as so defined, on the "available" seniority list, are working at least forty (40) hours per week, then the forty (40) hour work schedule shall be offered on the basis of seniority to an apprentice on the "available" seniority list who is qualified to do the work and who is working less than forty (40) hours per week. (c) Skills and ability are recognized for the Employer's assignment of Department Heads, third (3rd) person's, and P.I.C.'s (person-in-charge), who shall be designated on the schedule. Such employees are excused from the application of seniority. The P.I.C.'s must be in charge for sixty-four (64) hours or more per calendar month [eighty (80) in a five-week month]. (d) In the event an employee attains sixteen (16) consecutive full-time weeks of employment in the store in which he is employed or is hired full-time, the one-for-one remedy shall apply, provided a more senior available employee in the store who has the skill and ability to perform the work involved successfully grieves. The Employer's obligation to promote the most senior "available" part-time clerk commences upon the Union's written notification to the Employer of the fact. E. SENIORITY GRIEVANCES. Grievances pertaining to the application of seniority shall be filed in writing with the Employer within forty-eight (48) hours of the posting of the schedule. Grievances not filed within this time limit shall be deemed null and void for the week that was scheduled or any prior week. Said time limitation shall not apply to grievances relating to the filling of permanent full-time vacancies, except as to claims on behalf of the employees employed in the store in which the vacancy occurs. In such cases where the said time limitation does not apply, when the Employer fills a permanent full-time vacancy, written notice to the Local Union shall be mailed within seven (7) days from that date advising of the name of the individual selected to fill such vacancy. The Local Union may file a protest or claim within seven (7) days of the receipt of such notice, provided that any such protests or claims filed after the expiration of such seven (7) day period shall be deemed null and void. Such claims shall not have retroactive application before the date that such claim is filed by the Local Union unless the Employer fails to give the seven (7) day notice described above and, in the event of such failure, retroactivity of any claim may begin as of the date of the challenged assignment to the permanent full-time vacancy. In the event that the notice of the filling of such permanent full-time vacancy is sent to the Local Union after the expiration of the seven (7) day period, the Local Union shall still have seven (7) days after the receipt of such tardy notice to file its protest or claim. As above, protests or claims not filed by the Local Union within such seven (7) day period shall be deemed null and void. F. SENIORITY AND QUALIFICATIONS. When seniority is invoked by an employee, qualifications for performing the work claimed shall be one of the determining factors in establishing such rights. Should an issue arise regarding the application of seniority where employees are hired on the same day, the last four (4) digits of the employee's social security number (on record with the Employer) shall be used as the impartial tie breaker with the highest number designating the senior employee. G. It is not the intent of this Article to allow selection by the employee of job assignments or specific hours of duty. The employee declaration of the "available" or "self-restricted" list does not allow selection of job assignment or specific hours. Neither shall part-time jobs be created for the purpose of destroying the eight-hour day or the forty-hour week principle. H. PROMOTION. In the event an employee is transferred, within the Company, out of the bargaining unit for any reason and is later transferred back, he shall be returned to employment as an experienced clerk in a department in which he formerly qualified without loss of seniority from his last date of hire. I. DEMOTION. No person shall be denied his seniority because of demotion. J. TRANSFER TO HIGHER CATEGORY. 1. With respect to General Merchandise Clerks (including prior Bakery, Health and Beauty Aids and Household Hardware Clerks), when a permanent job is available for work to be performed in Food, any General Merchandise employees in the store shall be considered candidates. If a General Merchandise Clerk is selected for the Food position, such employee shall be paid the rate of pay according to said employee's experience. All employees, including those hired prior to October 6, 2003, who are promoted to a higher rated classification of employment shall be subject to the wage progression schedule set forth in Appendix A1 and receive the next immediate higher rate of pay for that classification as set forth in Appendix A1 until such time as the employee accumulates sufficient actual total credited hours of experience in that new classification to entitle him to the next higher contractual straight-time hourly rate of pay for such classification. 2. Where an employee is transferred from one category of work to another, the seniority acquired with the store and the Company shall be retained, and the new seniority in the new category shall commence as of the time of transfer. Transfers shall not be made for the purpose of displacing another employee. Should layoff or reduction in hours occur where the transferred employee is to be replaced or reduced in hours, he shall be permitted to reclaim the position he formerly vacated, or whatever equivalent position he is entitled to by his combined seniority in his old and new categories. 3. Clerk's Helpers, as well as employees employed in classifications other than Food Clerks, who accumulate one (1) year of service with the Employer under this Agreement, shall upon making application to the Employer, be considered candidates in the store for promotion to apprentice clerks, in the case of Clerk's Helpers, or to Food Clerks, in the case of the General Merchandise Clerk, based upon his ability and qualifications and his employment record. 4. Should such Clerk's Helpers and/or General Merchandise Clerks, as a result of the application of the above, be assigned a permanent forty (40) hour per week schedule, such assignment shall be excluded from the "one-for-one" formula referred to in the seniority letter dated July 22, 1981. However, no Clerk's Helper or General Merchandise candidate shall be assigned to a permanent forty (40) hour per week schedule pursuant to this Paragraph unless his seniority qualifies him for that position. K. CLARIFICATION. Nothing in this Article shall in any way hinder or prevent the application of Section A of Article 3. L. HIRING PROCEDURES. Nothing contained in this Article 4 shall impair any of the rights of the Employer to hire new or additional employees to meet the employment needs of the Employer, in accordance with the terms and provisions of this collective bargaining Agreement or to meet the obligations of the Employer under Article 2, Section H of this Agreement or to take affirmative steps to comply with any requirements under any applicable Federal or State law prohibiting discrimination in employment. ARTICLE 5 - WORKING HOURS AND OVERTIME A. FULL-TIME EMPLOYEE. 1. A full-time employee is defined as one who is hired to work at least forty (40) straight-time hours per week [five (5) eight (8) hour days] or who works at least forty (40) straight-time hours a week [five (5) eight (8) hour days] in sixteen (16) consecutive weeks. With the exception of meat cutters, the accumulation of sixteen (16) consecutive weeks, as defined above, must be worked in a single store unless it is with the prior knowledge of the employee’s home store manager or district manager. For purposes of this Section, a Sunday or a holiday worked will be considered to be straight-time hours in cases in which the Sunday or holiday is one (1) of the five (5) eight (8) hour days worked by the employee during the workweek in question. Holidays not worked but paid for and vacations taken in full week increments shall not interrupt the sixteen (16) consecutive week requirement set forth in this Section. A specific individual's assignments to temporary vacancies caused by vacations, illness, injury, or leave of absence shall neither count toward nor interrupt the aforesaid accumulation of the sixteen (16) consecutive weeks. Such full-time employee is guaranteed a minimum of five (5) eight (8) hour days' work, when said employee works as scheduled or required. When a question arises as to whether or not an employee has worked the sixteen (16) consecutive week requirement set forth in this section, prior work periods shall be reviewed. Such review shall only consider weeks worked during the ten (10) months preceding the grievance. 2. Within thirty (30) days following August 15, 1990, the Employer shall determine the specific number of permanent full-time jobs in the "Food Clerk" and "General Merchandise Clerk" classifications of employment in each store covered by this Agreement as of July 30, 1990, and forward such information to the concerned Union having jurisdiction. The total number of permanent full-time Food and General Merchandise Clerk jobs in a store as of July 30, 1990, shall be maintained over the term of the parties' 2004-2007 Agreement except in cases in which the Employer finds it necessary to reduce the total number of permanent full-time jobs in the Food Clerk classification or General Merchandise Clerk classification below the level that existed in a store as of July 30, 1990, in accordance with Article 4-B-1. This Paragraph shall apply to new stores after a period of six (6) months. Notwithstanding anything else contained herein to the contrary, the number of permanent full-time General Merchandise Clerk jobs in a store as of July 30, 1990, may be decreased provided there is a corresponding increase in permanent full-time Food Clerk jobs. In the event that any of the minimum guaranteed full-time jobs established in accordance with the above procedures is permanently vacated, it will be filled in accordance with the provisions of Article 4; provided, however, the one-for-one penalty shall not be applicable. Any full-time positions established over and above these minimum standards shall not be included in the minimum number of guaranteed full-time jobs described immediately above but shall be governed by the remaining terms of the collective bargaining Agreement, including Article 4. 3. Recovery of sales volume shall be the determinative factor in restoring bedrock numbers. The formula for restoring full-time Food Clerk and General Merchandise Clerk jobs in those stores below bedrock shall be as follows: Difference between average weekly sales volume for the period ending July 30, 1995 and average weekly sales volume for the period ending July 30, 1990 shall be the numerator. The denominator shall be the total of the reduced number of full-time jobs in both Food Clerk classification and the General Merchandise classification from July 30, 1995 to July 30, 1990. This sales volume number shall determine the sales volume which must be restored for each full-time job to be restored. The first full-time job to be restored will be in the Food Clerk classification and alternated thereafter. For example, in a store where average weekly sales volume was $500,000 for the period ending July 30, 1990 and average weekly sales volume was $350,000 for the period ending July 30, 1995 and full-time jobs are three (3) below bedrock shall apply the following calculation: $500,000 - $350,000 = $150,000/3 = $50,000. For each $50,000 per week that sales are restored over the $350,000 level, one (1) full-time job shall be restored. In the event average weekly sales for the period ending July 30, 1995 (equal) or is greater than average weekly sales for the period ending July 30, 1990, bedrock shall be restored in full by February 1, 1996. If sales volume continues to decline and bedrock continues to be reduced then the formula shall be recalculated keeping the July 30, 1990 sales volume and bedrock figures constant. For purposes of determining average weekly sales volume, the Employer will meet with the Union every six (6) months, January 1996 and each six (6) months thereafter. The sales volume utilized shall be the average of the prior six (6) months. The Employer may argue that market conditions other than sales volume affect the restoration. For example, a significant change in the mix of general merchandise to food products in a store. In these cases, the burden of proof is on the Employer and any dispute which cannot be resolved shall be subject to the grievance and arbitration procedure. B. PART-TIME EMPLOYEE. 1. A part-time employee is defined as one who is hired to work less than forty (40) hours per week, and is guaranteed at least four (4) hours' work per day when said employee works as scheduled or required. Part-time students and/or Clerk's Helpers, Snack Bar employees and Combination Take-Out Bar employees as described in Article 6, Section P-1 and 5 shall be guaranteed at least two (2) hours' work per day when said employee works as scheduled or required. 2. Except for Meat Cutters, Grandfathered Wrappers, Clerk's Helpers and Snack Bar employees and Combination Take-Out Bar employees, each part-time employee shall be scheduled for at least twenty-four (24) hours' work in each week. In the case of Clerk's Helpers, each part-time employee shall be scheduled for at least sixteen (16) hours' work in each week provided that the employee is available, willing and able to work as scheduled during such workweek. 3. The aforementioned weekly guarantees shall not apply if one or more of the following conditions exist: (a) The store is normally open for business six (6) days or less in the workweek; (b) A week in which one of the holidays named in this Agreement falls; (c) Employees scheduled to work are absent; (d) Work is not available as set forth in Section W of this Article; (e) The part-time employee, the Employer and the Union agree that the employee may work less than twenty-four (24) hours per week, except in the case of Clerk's Helpers, who may work less than s