Warrior Bottling Company, Inc - Union Rights and Obligations

Labor Agreement

AGREEMENT

This Agreement between the Warrior Bottling Company, Inc. (herein after referred to as the Company) and the Allied Workers of America, Local 123 (herein after referred to as the Union) is the outcome of many hours of mutual gain bargaining. Both parties enter into this agreement on our own accord on this day, __________________.

ARTICLE 1: UNION RIGHTS AND OBLIGATIONS

The Company recognizes the Union as the sole and exclusive collective bargaining representative of all full-time and regular part-time production and maintenance employees, including warehouse, shipping and receiving employees, transport drivers, and driver-salesmen employed by the Company at its facilities located in Flint, Michigan excluding professional employees, office clerical employees, and supervisors as defined in the Act, and all other employees. The Agreement shall not apply to employees covered by any other agreement with this or another union as their representative, nor to any other employee or nonemployee.

The Union recognizes, in consideration of the commitments undertaken by the Company, that an obligation rests upon every employee to perform honest, efficient, and economical service in performance of his or her duties. The Union will actively support the legitimate and reasonable efforts of the Company to maintain and improve the skill, ability, and production of the working force, and to reduce waste, spoilage of materials, or production of inferior products. Furthermore, the Union and the Company agree that all dealings between them should have as a prime objective the maintenance of a productive, cooperative atmosphere that will make it possible to offer consumers a growing volume of high quality products, which will, in turn, provide employees with secure jobs and a pleasant atmosphere in which to work.

ARTICLE 2: COMPANY RIGHTS AND OBLIGATIONS

The Union recognizes that the Company retains the sole and exclusive right to manage its business and to direct the work force. This shall include, but not be limited to, the right to hire, assign work and schedules, suspend, discharge for proper cause, transfer, and relieve employees from duty because of lack of work or other business reasons. Prior to negotiations, management should review their present system of record keeping on plant discipline, especially as it relates to supervisors' written records of talks with employees concerning productivity, attitudes, and adherence to plant rules, the system of written notice or warnings to employees when they have fallen short of expectations, disciplinary layoff procedures and the manner in which employees are handled when discharged, review of forms used for disciplinary warnings, and the like. Examples of first time offenses that will result in dismissal include stealing private or company property, possession of weapons, personal conduct at work that could be considered dangerous to others. Examples of second time offenses that will result in dismissal include sleeping during working hours, leaving premises during work hours without permission, and willfully punching another employee's time card. Third-time offenses that will result in dismissal include personal work on company time and violation of' common sense health and sanitation rules. These examples simply indicate the degree of' offense that will result in dismissal.

The Company recognizes that an obligation rests upon it to provide adequate management and supervision that will provide for continued growth and success of the Company. It recognizes its obligation to provide fair and equal treatment to all employees along with the opportunity to help each employee develop his or her interests, abilities, and skills to the fullest extent practicable within the limits of' the individual and the jobs available to this Company.

ARTICLE 3: UNION SECURITY

All present employees with less than five (10) years service in the bargaining unit defined in Article 1 are required to join the Union within sixty (50) days from the signing of this contract. All employees hired on or after the date of signing shall be required to join the Union sixty (50) days after their first day of employment. Failure or refusal to join the Union shall be grounds for immediate termination for future employees. All employees who are members of the Union upon the signing of' the agreement shall retain their membership in good standing in accordance with the Constitution and By-Laws of the Union as a condition of' continued employment with the Company. All employees who become members of the Union after the signing of the Agreement shall be subject to the same provisions as those above.

The Company agrees for said employees to deduct from the first pay of' each month, the Union dues for the preceding month, and promptly remit the same to the appropriate official of the Union. The initiation fee of the Union shall be deducted by the Company and remitted to the appropriate official of the Union in the same manner as dues collections.

The Company shall agree to refrain from interfering in the internal workings of the Union. The Company shall also agree to allow official Union representatives adequate time during the working day to perform their assigned tasks, subject to approval by management at its discretion.

A Neutrality Agreement will be signed between the union and the company. The terms of the Neutrality Agreement will be begin from the date of signing the new contract and will remain in effect during the duration of the contract. Once signed, company management and the Union Bosses will choose the proper methods encourage workers to be represented by the company's chosen union. The Union Bosses and company management will have two (2) weeks (10 business days) to reach an agreement on the chosen method(s).

ARTICLE 4: NO INTERRUPTION OF SERVICE

There shall be no strikes by the Union, or by an employee(s), or lockout by the Employer during the length of the contract. A strike is defined as an intentional slowdown or interference with the Employer's operations, interruption of production or suspension or refusal of work, any work stoppage, or any other intentional or sympathetic act designed to impede production or service of one or more employees. Any employee who participates in, advances, leads, or promotes any strike shall be subject to disciplinary action as followed: a three (1) year written warning on file, two (1) weeks off without pay, and possible discharge.