Collective Bargaining Agreement Draft

COLLECTIVE BARGAINING AGREEMENT DRAFT

This Collective Bargaining Agreement Draft is entered into as of by and between Employer Name: with principal address ; and Union Name: with principal address .

RECITALS

WHEREAS, the Employer is engaged in the operation of ; and

WHEREAS, the Union represents employees in the bargaining unit described as ; and

WHEREAS, the parties desire to set forth the terms and conditions of employment and to promote harmonious and productive relations between the parties;

NOW, THEREFORE

In consideration of the mutual covenants and agreements set forth herein, the parties agree as follows:

1. RECOGNITION

1.1 The Employer hereby recognizes the Union as the exclusive bargaining representative for all employees in the bargaining unit described in Section 1.2 for purposes of collective bargaining with respect to wages, hours and other terms and conditions of employment.

1.2 Bargaining Unit: .

2. MANAGEMENT RIGHTS

2.1 Except as expressly limited by this Agreement, the Employer retains and reserves, solely and exclusively, all rights to manage and direct the Employer's operations, including but not limited to the right to hire, promote, demote, discipline, suspend or discharge for just cause, transfer, assign, and lay off employees; to determine work schedules; to assign work; to determine the methods, processes and means of performing work; and to establish, modify and enforce rules and policies.

3. UNION SECURITY AND DUES CHECKOFF

3.1 Union Security: Employees covered by this Agreement who are members of the Union on the effective date shall maintain membership in accordance with applicable law. Employees who are not members shall, within days of employment, either become members of the Union or pay to the Union a representation fee as permitted by law.

3.2 Dues Checkoff: The Employer agrees to deduct Union dues or fees from the pay of employees who execute proper written authorizations. Checkoff authorized: Yes

4. WAGES, HOURS AND BENEFITS

4.1 Wage Schedule: The parties agree to the wage rates and classifications set forth in Appendix A attached to this Agreement. If Appendix A is not completed at signing, the parties will negotiate and append wages within days.

5. HOURS OF WORK AND OVERTIME

5.1 Regular workweek shall consist of hours. Overtime shall be paid in accordance with applicable law at the rate of one and one-half times the regular hourly rate for all authorized hours worked in excess of the regular workday or workweek as specified herein.

6. GRIEVANCE AND ARBITRATION

6.1 Definition: A grievance is any dispute concerning the application or interpretation of this Agreement.

6.2 Procedure: The parties agree to the following multi-step grievance procedure: (a) informal meeting between employee/Union steward and supervisor within days of incident; (b) written grievance to labor relations within days; (c) arbitration if unresolved within days after step (b).

6.3 Arbitration: The arbitrator's decision shall be final and binding on the parties, limited to interpretation and application of this Agreement. Each party shall bear its own costs except that the arbitrator may allocate the arbitrator's fee and expenses between the parties in the award.

7. DISCIPLINE AND DISCHARGE

7.1 Progressive Discipline: The Employer shall not discipline or discharge employees except for just cause. Progressive discipline shall be utilized when appropriate, taking into account the seriousness of the offense, the employee's work record, and mitigating circumstances.

8. LAYOFF, RECALL AND SENIORITY

8.1 Seniority: Seniority shall be defined as continuous length of service with the Employer within the bargaining unit. Seniority shall govern promotions, transfers, layoffs and recalls where qualifications are substantially equal.

8.2 Layoff and Recall Procedures: The Employer shall provide notice of layoff and any recall procedures in accordance with applicable law and the terms set forth in Appendix B.

9. NO STRIKE / NO LOCKOUT

9.1 During the term of this Agreement the Union shall not initiate, authorize or support any strike, work stoppage or slowdown and the Employer shall not lock out employees. Violations of this provision may be remedied through the grievance and arbitration procedure set forth in Section 6.

10. HEALTH, SAFETY AND WELFARE

10.1 The Employer shall comply with applicable health and safety laws and shall make reasonable provisions for a safe workplace. The parties agree to cooperate in the establishment of safety committees and procedures.

11. LEAVES AND HOLIDAYS

11.1 Leave Entitlements: Leaves of absence, including family, medical, and other statutory leaves, shall be provided in accordance with law and supplemented as set forth in this Agreement.

12. TRAINING AND PROMOTIONS

12.1 The Employer shall provide or make available reasonable training opportunities. Promotion vacancies shall be posted and awarded on the basis of seniority and qualifications as set forth in this Agreement.

13. SUCCESSORSHIP AND SUBCONTRACTING

13.1 This Agreement shall bind any successor, assignee or purchaser of the Employer's business. The Employer shall provide written notice to the Union prior to any sale or transfer, and shall meet with the Union to discuss the impact upon bargaining unit employees.

14. ENTIRE AGREEMENT; SEVERABILITY

14.1 Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes any prior agreements, practices or understandings, whether written or oral, concerning the subjects herein.

14.2 Severability: If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed and the remainder of the Agreement shall remain in full force and effect. The parties shall negotiate in good faith to replace any invalid provision with a valid provision that effectuates, to the extent possible, the original intent.

15. AMENDMENTS, WAIVER, COUNTERPARTS

15.1 Amendments: This Agreement may be amended only by a written instrument duly executed by authorized representatives of both parties.

15.2 Waiver: The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to enforce that or any other provision at a later time.

15.3 Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

16. NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered by certified mail, return receipt requested, or by hand delivery to the addresses below:

17. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction of without regard to conflict of laws principles.

18. DURATION AND TERMINATION

18.1 Term: This Agreement shall commence on and shall continue in full force and effect until unless modified or terminated in accordance with applicable law.

18.2 Notice of Termination: Either party may give written notice of desire to terminate or modify this Agreement not less than days prior to the expiration date.

19. SAVINGS CLAUSE

If any provision of this Agreement is declared invalid by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions, which shall remain in full force and effect. The parties will meet promptly to negotiate a replacement provision consistent with the parties' intent.

20. SIGNATURES

IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their authorized representatives effective as of the date first written above.

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