Dawn Foods
Last, Best and Final Offer
ARTICLE 7 Section 2
Discipline based on camera footage may only be issued in situations involving product tampering, sabotage, destruction, product quality, theft, and food safety violations, harassment and workplace violence.
ARTICLE 8 ABSENCES
It is the responsibility of the employee to notify the Company, in accordance with procedures established from time to time when he is unable to report for work on schedule. The employee shall give such notice as soon as practicable each day of absence, but no later than his scheduled starting time give such notice no less than thirty (30) minutes prior to the start of the employee’s shift; and if an employee fails to give such notice, he will be subject to disciplinary action unless he can give an acceptable reason for not complying with the aforesaid. An employee who fails to report during an absence from work of over three (3) consecutive days without proper notification or without being on a leave of absence under Article 15 may be considered a voluntary quit. An employee absent for three (3) consecutive days for illness and/or accident may be required to submit a medical certificate to the Company.
ARTICLE 9 Section 1(b) and (c)
Step [b] If a grievance is not settled at Step [a] of the grievance procedure, it shall then be reduced to writing, and the aggrieved employee, the Steward and/or Union Representative and the Company’s Production Coordinator Operations Manager or Production Manager will meet within seven (7) ten (10) calendar working days and attempt to settle the grievance.
Step [c] If a grievance is not settled at Step [b] of the grievance procedure, the General Manager of the Company (together with such associates as he may wish to assist him in the matter) and a Union Representative or officer of the Union (together with such associates as he may wish to assist him in the matter) will meet within seven (7) ten (10) calendar working days and attempt to settle the grievance, and the Company shall thereafter give the Union its answer to said grievance in writing within seven (7) calendar days of the Step [c] meeting. Upon the mutual agreement by the Company and the Union, a Grievance may be submitted to non-binding mediation after Step [c] of the grievance procedure. The mediation shall be conducted by the Louisville Labor Management Committee which provides mediation services at no cost to employers and unions. The Company and the Union shall each bear their respective costs of preparing and presenting their case to the mediator.
Article 12 Section 1 A.
The Company may operate the plant or any part thereof seven (7) days a week on a three (3) shift schedule. The scheduling of the three (3) shifts for the seven (7) day operation will be at the discretion of the Company. The Company may establish in any work week a work schedule of five (5) eight (8) hour shifts, four (4) ten (10) hour shifts or three (3) or four (4) twelve (12) hour shifts; provided, however, the foregoing language shall not limit the Company’s right to establish a work schedule for employees on restricted duty under the Company’s Return-to-Work Program of eight (8) hours per day even if the Company is working ten (10) or twelve (12) hour shifts. In the Maintenance Department, the Company may establish in any work week a work schedule of five (5) eight (8) hour shifts, four (4) ten (10) hour shifts or three (3) or four (4) twelve (12) hours shifts,; provided, however, the foregoing language shall not limit the Company’s right to establish a work schedule for employees on restricted duty under the Company’s Return-to-Work Program of eight (8) hours per day even if the Maintenance Department is working ten (10) or twelve (12) hour shifts. This is not to be construed as a forty (40) hour guarantee. The workweek for payroll purposes will be from 12:01am Sunday through 12:00 midnight on Saturday. The work week for scheduling purposes will be as follows: The first shift shall be 12:01 a.m. Monday through 12:00 midnight Sunday. The work week for the second and third shifts may begin prior to 12:01 a.m. Monday, and any employee performing work in such work week beginning prior to 12:01 a.m. Monday will be paid at the regular straight time rate of pay plus the appropriate shift differential. The shift differential for the second shift shall be twenty-five cents ($0.25) per hour, and the shift differential for the third shift shall be fifty cents ($0.50) per hour. Except in cases of emergency the Company will provide fourteen (14) calendar days’ notice of a permanent change of shift schedule for over thirty (30) calendar days.
ARTICLE 12 WAGES / HOURS
Section 1The workweek for payroll and scheduling purposes will be from 12:01am Sunday through 12:00 midnight on Saturday. The work week for scheduling purposes will be as follows: The first shift shall be 12:01 a.m. Monday through 12:00 midnight Sunday. The work week for the second and third shifts may begin prior to 12:01 a.m. Monday, and any employee performing work in such work week beginning prior to 12:01 a.m. Monday will be paid at the regular straight time rate of pay plus the appropriate shift differential.
ARTICLE 12 Section 2
The Company will provide cross-training to Cooks/Blenders, V-Line and Poly Cryovac to provide two (2) deep coverage for each production line. The cross-training shall be offered by seniority until the employee has moved to top rate because of skill pay program (pursuant to Exhibit A). with Junior persons will be required to cross-train in the event enough volunteers do not make the election to cross-train. The Company agrees to maintain at least two (2) Production A on second shift who are trained to work in Dry Mix 3 for relief work and overtime.
ARTICLE 12 Section 4 B
In the event an employee, having been scheduled to report for work, reports and work is not provided, he shall receive four (4) hours pay for reporting unless: A. The employee refuses an available work assignment.
B. The Company, having made a reasonable effort to notify the employee not to report, was unable to do so. Upon request the Company will provide documentation of that effort (such as phone logs with time stamps). because the employee had not furnished an accurate telephone number to the Company. In the event this situation occurs, the Company will provide documentation evidencing the telephone number called, the time the call was made and the result.
ARTICLE 12 Section 11 If a deduction or calculation in an employee’s check was improper or inaccurate, the Company will reimburse the employee as promptly as possible (but no later than the pay period following when the mistake is confirmed unless specific request is made by the employee to be paid within three (3) business days).
ARTICLE 13 Vacation Section 1. New section C
Once the overtime schedule is established/posted, assigned first shift team members have 24 hours from the date of the original posting (time stamped) in which to request use of vacation, personal, or bonus days for any day in which the employee is scheduled to work overtime. Assigned second/third shift team members have 30 hours from date of the original posting (time stamped) in which to request use of vacation, personal, or bonus days for any day in which the employee is scheduled to work overtime.
ARTICLE 13 Vacation Section 3. All vacations earned must be taken by employees; and no employee shall be entitled to vacation pay in lieu of taking vacation; provided, however, the preceding language to the contrary notwithstanding, an employee receiving three (3) or more weeks of vacation may apply at the employee’s option upon one (1) weeks of notice no later than November 30th of that year to receive up to two (2) weeks of vacation pay by December 30th of that year in lieu of taking vacation. Vacations may not be accumulated from one year to the next.
ARTICLE Vacation 13- Section 8. An employee may elect to take up to two (2) weeks of vacation in single days, as long as the employee has at least three (3) weeks or more of vacation. An employee must declare his or her intent to split two (2) weeks of vacation into single days by notifying the Company of such election on or before March 1 of each year. Only five (5) single day vacations shall be counted as time worked in that work week for overtime purposes and will be paid on the basis of eight (8) hours. Single vacation days may be taken by providing twenty-four (24) hours prior notice to the Company; provided, however, each employee may designate up to two (2) of the employee’s single vacation days by providing notice to the Company at least thirty (30) minutes prior to the start of the employee’s shift. Plant seniority shall be applicable and controlling in the event the Company is unable to allow multiple employees the same day off..
ARTICLE 16 PERSONAL DAYS
Each employee shall receive two (2) four (4) personal days per year after the employee’s first anniversary of employment; provided, however, an employee in the first year of employment may elect to take one (1) personal day after six (6) months of employment in which event the employee would then have only one (1) personal day between the employee’s first and second anniversary. Personal days may be taken by providing notice to the Company at least thirty (30) minutes prior to the start of the employee’s shift. Personal days may not accumulate from one year to the next. Personal days will count as hours worked for overtime purposes and will be paid on the basis of eight (8) hours. Employees not desiring to take personal days will receive eight (8) hours’ pay for each personal day not taken.
Article 16 - The Company has developed a worksheet for the scheduling of personal days and vacation days in the Production Department. At the current workforce level, a total of twelve (12) employees will be allowed to be off each day, but no more than seven (7) nine (9) employees in the Production “A” classification (but only two (2) Production “A” in Dry Production), no more than three (3) two (2) Production “B” employees in Dry Production and no more than one (1) in Production 1A. If the production schedule allows and/or if job coverage is available, additional employees may be allowed off each day. All requests for personal days must be made in accordance with Article 16, and all requests for one (1) day vacations must be made in accordance with Article 13.
ARTICLE 18.2D
D. The job classifications of Production Worker Class A and Class 1A shall not be a biddable classification covered by this Agreement. Vacancies in the job classifications of Production Worker Class A and Class 1A shall be posted by the Company for a period of not less than three (3) days to give employees who are interested an opportunity to indicate interest by signing such notice. Seniority shall be considered by the Company but will not be the deciding factor. The selection of a person to become a Production Worker Class A or Class 1A shall be solely the
Company’s and the Grievance Procedures in Article 9 of this Agreement shall not be applicable.
The Company maintains discretion in filling the Production Worker Class A and Class 1A positions, but Production Worker Class A jobs will be awarded within the plant. This requirement does not apply to situations where there are no timely (within three (3) days of posting) responses to job postings or when the only team members who respond to the postings are at step two (2) or above in the progressive discipline process. The Company retains the right to make its choice among the eligible current team members who respond to the posting.
ARTICLE 18 Section 5(C)
C. When a biddable classification covered by this Agreement becomes vacant and/or available within the bargaining unit, such vacancy shall be filled from within the bargaining unit if possible, and such vacancy shall be posted in production and warehouse, as herein provided, by the Company within seven (7) working days. The Company shall post on the main Bulletin Board such classification or job vacancy for a period of not less than three (3) seven (7) days including in the posting the classification, department, time and shift. The successful job bid will be posted on all Bulletin Boards. Those employees who are interested in such vacancies shall indicate their desire by signing a complete bid card and placing it in the locked bid box such posted notice. In the event more than one (l) employee indicates their desire for such vacancy, the employee having the greatest amount of seniority based on his date of hire shall be the one promoted as provided in Section 2.C. of this Article
ARTICLE 18 – Seniority
ENVIRONMENTAL CONTROL DEPARTMENT
EC A and EC B
EC Lead
WAREHOUSE DEPARTMENTS
Warehouse A
Receiving
Cooler
Freezer
Pallet Yard
Shipping Receiving
Stock Mover
Raw Material Handler
Order Selector Truck Loader
(3) DRY DEPARTMENT
Production A Production B
Mix Line 1 Mix Line 1
Mix Line 2 Mix Line 2
Mix Line 3 Pre Mix
(4) WET DEPARTMENT
Production A Production B Production 1A
Champion Room Champion Room Fondant Line
Butter Crème 3
Butter Crème 4
Champion 5 Champion 5
Glaze Line Glaze Line
Poly Line
Fruit Line Fruit Line
V-Line
Floater Floater
Scale Room
Nauta Line Nauta Line
Fondant Line
V-Line Floater
ARTICLE 18 F – Seniority new language
F. Daily assignment of work inexcess of the regularly scheduled work day shall be performed by employees assigned to the jobs requiring work at the end of the regular shift, “person on the line does the time” regardless of seniority and regardless of whether the employee assigned to the job signs the Daily Overtime Sign-Up List as provided in the following sentences. The Company shall post in each department during the first four (4) hours of each shift a Daily Overtime Sign-Up List for daily overtime within that department needed on each shift.
Employees within the department desiring daily overtime must sign the Daily Overtime Sign-Up List during the time it is posted in order to be eligible for daily overtime. If the person performing the work scheduled for daily overtime does not wish to perform the daily overtime scheduled on that date, the daily overtime shall be awarded and OBLIGATED by the most senior qualified person within the department on the Daily Overtime Sign-Up List. If no qualified person signs the Daily Overtime Sign-Up List, the employee performing the work requiring the overtime will be required to perform the overtime unless otherwise released by the Company. In the event daily overtime is not able to be filled as set forth in the first part of this sentence, qualified employees on the shift within the job classification and department shall fill the overtime on a “senior may, junior must” basis. The foregoing language shall not apply to employees on restricted duty under the Company’s Return-to-Work Program. If the Company determines that additional work is required not immediately following the end of a shift, the work will be performed by the employee assigned to the next scheduled shift job on the shift immediately following such opening (the “person on the line” is the employee on the shift following the opening).
ARTICLE 19 Employee Benefits
Section 2.
A. On an annual basis in January of each year, the Company’s current contribution rate may be increased or decreased in order to maintain an available benefit program comparable to that in effect as of the effective date of this Agreement. The increase or decrease shall be determined necessary by the Trustees of the Trust Fund and shall be documented in writing to the Company. However, an increased contribution rate shall not exceed on an annual basis the following maximums commencing:
(1) January 1, 2025, maximum of nine percent (9%);
(2) January 1, 2026, maximum of nine percent (9%);
(3) January 1, 2027, maximum of nine percent (9%);
Exhibit “A”
The Company shall have the right to appoint and remove for just cause any employee from any classification above as lead man utility and lead, without reference to seniority or bidding for such vacancy, provided, however, that if two or more employees are equally qualified, the employee with the most seniority shall be given preference. Any employee assigned as lead man utility or lead shall be paid $.50 $.75 per hour above the wage rate for his classification. It is understood that such lead man utility or lead may be required to assign, instruct and direct the any employee.
Production A, Environmental Control A and Warehouse A
Hire in rate $21
Increase $1.50 every six months;
Top Rate at two year anniversary, anyone who has more than 2 years goes to Top Rate.
Production/EC B
Hire in rate $19
Increase $1.50 every six months;
Top Rate at two year anniversary, anyone who has more than 2 years goes to Top Rate.
On 1-28-2024 all Top Rated employees will receive a 3.5% wage increase
On 1-26-2025 all Top Rated employees will receive a 3.25% wage increase
On 1-25-2026 all Top Rated employees will receive a 3.25% wage increase
One time $750.00 ratification bonus, less all applicable taxes, contingent on ratification of the collective bargaining agreement no later than 2/29/24
The Company agrees to any changes to wages shall be retroactive to January 27, 2024 so long as a new agreement is ratified by February 29, 2024.
Article 31 Duration of Agreement
3 years contact January 31, 2024 – January 31, 2027