AGREEMENT

Between

UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO, CLC

and

AMERICOLD LOGISTICS

Carthage, MO

Effective: May 11, 2017

Expiration: May 10, 2022

PREAMBLE

This Agreement, made and entered into by and between Americold Logistics, L.L.C,  hereinafter called “Americold” or the “Company”, and the United Steel, Paper And Forestry, Rubber, Manufacturing, Energy, Allied Industrial And Service workers International Union, AFL-CIO, CLC, on behalf of its Local No. 11-500, to be referred to hereafter as the “Union” or “United Steelworkers”.  Both will abide by this Agreement and all mutual understandings, it being their purpose to settle all differences without disturbance to industrial peace.

ARTICLE 1

RECOGNITION

Section 1.1        The intention of this Agreement is to ensure true collective bargaining, establish classification of workers, standards of hours, working conditions, to provide for adjustments and for rates of pay.

Section 1.2        It is recognized by both parties to this Agreement that the Union is the exclusive bargaining agent for all employees in production and maintenance and shuttle drivers in the job classifications at the Company’s Carthage, Missouri facility (excluding all employees of Carthage Crushed Limestone Fine Grind Operations) listed in the Appendix attached hereto.

Section 1.3        The term “Employees” as used in this Agreement will not include salaried supervisors, office, technical, security personnel, and drafting room help, all supervisory employees having the power to hire, promote, discharge, discipline, or otherwise effect changes in the status of the employees or effectively recommend such action.

Section 1.4.a)    Americold and the Union agree that there shall be no discrimination, interferences, restraints, or coercion by any of its agents against any employees because of membership in the Union or any legitimate union activities.

Section 1.4.b)   The provisions of this Agreement shall apply to all employees without discrimination because of race, color, religion, sex, national origin, age, disability, or any other legally protected status.  In the event any such discrimination referred to in this Section 1.4.b is alleged, the matter will be handled through the procedures of the applicable laws and will not be subject to the grievance and arbitration procedures in the Agreement.

Section 1.5.a)    Beginning on the sixty-first (61st) day of employment, as a condition of continued employment, employees must either:

1. Join and maintain membership in the Union, or

2. Make monthly payments to the Union of appropriate dues, fees and/orassessments.

Section 1.5.b)   Paragraph 1.5(a) above shall remain in effect during the term of this Agreement, provided the same shall not be a violation of the statutory and constitutional laws of the United States or the State of Missouri.

Section1.5.c)     The Company agrees to check off the monthly union membership dues (or equivalent as stated in Section 1.5(a) of this Article) and initiation fees for all employees covered by this Agreement, provided the Company is furnished a written authorization by the employee.  The Company shall deduct the aforementioned dues and initiation fees from the first payroll check each month and shall remit to the Union designate in one lump sum the full amount within seven (7) days following such collection.

Section 1.5.d)   The Company will furnish to all newly hired employees who will be covered by this Agreement, the Union Dues Authorization/Membership Card during the employee orientation. The Union will furnish the Company the authorization cards for distribution.

Section 1.5.e)    INDEMNIFICATION: The Union shall indemnify and save the Employer harmless from any and all claims, demands, suits, liability or damages that arise out of, or by reason of, any action taken by the Employer for the purpose of complying with any of the provisions of this Article and the Union assumes full responsibility for the disposition of the funds deducted under this Article after they have been remitted by the Employer to the designate of the Union.

Section 1.5.f) It is understood that the language of Article 1, Section 5 is only applicable to the extent it is permitted by Missouri State and Federal law.  The Company will recognize authorization for deductions from wages, if in compliance with the state law, to be transmitted to the Local Union. No such authorization shall be recognized if in violation of state or federal law. No deduction shall be made which is prohibited by applicable law.

ARTICLE 2

MEETINGS

Section 2.1     The Local Union shall be represented by a committee of a maximum of six (6) members of the Local Union who are employees of Americold, at the Carthage, Missouri plant.

Section 2.2        Regular monthly meetings shall be held on the second Wednesday of the month for the purpose of discussing matters vital to the welfare of the employees of this plant and to Americold, subject to the provisions of this Agreement.  However, grievances arising under or out of this contract will not be discussed in this meeting, unless mutually agreed upon.  If extenuating circumstances do not enable the parties to meet on the second Wednesday of the month, the parties will meet on the following Wednesday of that same month.

Section 2.3        Americold agrees to allow the Union Committee to use a designated section of the plant (or bulletin board) for posting notices in the interest of the Union subject to the approval of Americold restricted to:

1)            Notices of Union meetings;

2)            Notices of Union elections;

3)            Results of Union elections and notices of Union appointments;

4)            Notices of Union recreational and social affairs.

Section 2.4        The Local Union shall notify the Company of the time and date of the regular monthly union meeting.  Members of the Local Union desiring to be excused from work in order to attend, shall notify their supervisor no later than the end of their last regular scheduled shift, preceding the date of the scheduled meeting.  Employees leaving for the meeting must return and complete their daily work unless excused by management.

Section 2.5      On any given day, no employee will be scheduled or required to work more than 12 hours to ensure the 12-hour turnaround time. While time missed to attend scheduled monthly union meetings will not be counted as hours worked, it will be included as part of the calculation of the 12-hour turnaround.

ARTICLE 3

GRIEVANCE AND ARBITRATION                        

Section 3.1     Step 1.  Any grievance including discharge or discipline which any employee shall be unable to satisfactorily adjust with the employee’s supervisor may be submitted by said employee to the employee’s shop steward.  The shop steward shall investigate the grievance.  If found to be justified, shall submit a written grievance to the departmental supervisor within seven (7) calendar days of the date of the occurrence or of the date on which the grievant had knowledge of the events giving rise to the grievance, but no later than thirty (30) days from the date of the occurrence.  If the grievance is not presented in writing within the time limit prescribed, that grievance shall be considered settled and waived.  The Operations Manager shall schedule a meeting with the aggrieved employee and shop steward within seven (7) calendar days of receipt of the written grievance.  The Operations Manager shall provide a written decision on such grievance to the Union within seven (7) calendar days following this meeting.             

Section 3.2     Step 2.  Any grievance not satisfactorily adjusted by the Operations Manager or the Operations Manager’s designated representative at Step 1 of this Article, shall be submitted to the General Manager within seven (7) calendar days after the Step 1 denial.  The General Manager or designated representative shall schedule a meeting with the designated Grievance Committee within seven (7) calendar days after receipt of the grievance to discuss the grievance.    The aggrieved employee(s) may be present at this Step 2 meeting, upon mutual agreement between the Company and the Union.  The General Manager or the General Manager’s designated representative shall give the Company’s answer to the grievance, in writing, within seven (7) calendar days of the conclusion of the Step 2 meeting(s).  

Section 3.3     Step 3.  Any grievance not satisfactorily resolved in Step 2 above may be submitted to the Human Resources representative or a designated representative.  Such grievance must be submitted by the Union within seven (7) calendar days of receipt of the Company’s written Step 2 decision.  The Human Resources representative of the Company and the International representative of the Union, or their designated representatives, shall arrange for a meeting to discuss the grievance.  Such meeting shall be held on the earliest convenient date that the parties may find mutually acceptable, it being the intent that such meeting will generally be held within thirty (30) days of the submission of the grievance to Step 3.  One (1) Local Union representative and one (1) other representative of the Company may be present at the third step meeting at the discretion of the respective parties.  The Human Resources representative shall provide a written decision on the grievance to the International representative within ten (10) calendar days following the meeting, with a copy also provided to the Local Union.

Section 3.4     Arbitration – In the event that the party has exhausted the procedure for the settlement of grievances as established in Article 3, the grievance procedure, such grievances or disputes may be referred to arbitration.

Section 3.4(a)            The arbitration procedure hereinafter provided for shall extend only to those issues which are arbitrable under this Agreement.  In order for a grievance to be arbitrable, (1) it must have been properly and timely processed through the grievance procedure; (2) it must genuinely involve the interpretation or application of a specified provision or provisions of this Agreement; (3) it must not rest on any alleged understanding outside the scope of this Agreement or practice outside the scope of this Agreement; and (4) it must not require the arbitrator, in order to rule in favor of the grievance, to exceed the scope of his jurisdiction under this Agreement.

Section 3.4(b)            Only the Union and/or Americold may elect to seek arbitration of any arbitrable issue and in that event shall proceed as follows:  A request for arbitration by the Union must be made within thirty (30) calendar days after the Human Resources representative has given the Company’s answer in writing in Step 3 of the grievance procedure.  A request for arbitration by the Company must be made within thirty (30) calendar days after the Union has given its answer in writing in Step 3 of the grievance procedure.  The parties shall jointly request the Federal Mediation and Conciliation Service to provide a panel of seven (7) arbitrators.  Either party shall have the right to reject one (1) entire panel of arbitrators.  The rejecting party will be responsible for the cost of the additional panel.

The parties shall alternately strike one (1) name from the panel until one (1) name remains.  The remaining person shall act as the impartial arbitrator in that matter.  The party requesting the arbitration shall make its strike first and this process shall alternate with each subsequent panel.  The fees and expenses for the selection (first panel)and service of the arbitrator shall be shared equally by the Company and Union.  Any other expenses incurred by a party shall be paid by the party.  The decision of the arbitrator shall be final and binding upon the Company, the Union and the affected employee(s).

Section 3.5     Any grievance initiated by the Company or International Union shall be presented and discussed at Step 2 of the grievance procedure.

Section 3.6     Any employee who is a member of the Union Committee may leave their work during working hours for the purpose of adjusting grievances after first receiving permission from the supervisor, in each instance.  The employee will be excused to attend the grievance meeting based upon the operational and scheduling needs of the Company.  In no case may an employee or delegate present or discuss any grievance during work time without the specific and advance permission of the Company.  Such permission shall not be unreasonably withheld.

Section 3.7     Specifically excluded from arbitrations are all matters concerning Americold’s management prerogatives, wage scales or rates, and the written terms of this Agreement, it being the intention of the parties that, not the terms of this Agreement, but interpretation and application of such provisions of this Agreement shall be subject to arbitration.

Section 3.8     The time limits provided for in this Article 3 shall be adhered to by the parties unless such time limits are extended by mutual written agreement of the Company and Union.  If the Union fails to follow the prescribed time limit(s), the grievance shall be deemed settled and not subject to further appeal.  If the Company fails to follow the prescribed time limit(s), the grievance shall be deemed settled based upon the remedy requested by the grievance.  No grievance settled by default under this Section 3.8 shall establish a precedent for any future grievance of the same nature.

It is the intent of the parties that most complaints or differences should be mutually resolved in the early steps of the grievance procedure.  Accordingly, grievances that are satisfactorily resolved in Step 1 shall not establish a precedent for future grievances of the same nature.

Section 3.9     All bargaining unit employees shall have the right to have a shop steward present during any meeting in which an investigation is being conducted, and when discipline is being issued. Absent mitigating circumstances, all disciplinary action shall be administered within two (2) weeksof the Company becoming aware of the infraction.

ARTICLE 4

NO STRIKE-NO LOCKOUT

Section 4.1        For the duration of this Agreement, the Company and the Union agree that there shall be no strikes, stoppages, slowdown, sit-downs, picketing, boycott or other interruptions of or interferences with the operations of the Company for any reason including any violation of this Agreement.  The Union agrees to take action to attempt to stop any such activity that occurs in disregard of the foregoing commitment.    

Section 4.2     The Company shall not lock out employees for the duration of this Agreement.

Section 4.3        Any employee(s) who instigate(s) or engage in a strike, sit-down, slowdown, work stoppage, boycott or other interruption of, or interference with the operations of the Company during the period covered by this Agreement may be subject to discipline up to and including discharge, at the discretion of the Company.

ARTICLE 5

EMPLOYMENT AND SENIORITY RIGHTS

Section 5.1     Americold shall, on a ninety (90) day interval, (beginning June 1) post on the bulletin board and furnish a copy to the Union Committee, a list of all its employees showing their last date of employment or seniority, and area/shift.                        

Section 5.2     Probationary PeriodAll newly hired or rehired employees covered by this Agreement shall be initially employed on a probationary basis for sixty (60) calendar days.  The probationary period may be extended by mutual consent up to an additional thirty (30) calendar days. A probationary employee may be laid off, transferred or terminated with or without cause and such layoff, transfer or termination shall not be subject to the grievance or arbitration procedures.  An employee shall not acquire seniority during the employee’s probationary period.  If retained as a regular employee upon satisfactory completion of the probationary period, the employee’s seniority shall be retroactive to the beginning of the probationary period.    

Section 5.3.a)Job Posting, any vacancy that is to be filled or a new job created shall be posted within five (5) calendar days and shall remain posted for seven (7) calendar days on the bulletin board in order to give an employee an opportunity to make application for such jobs.  The posting shall show the rate of pay. Employees must sign the posted sheet within that period to have any right to consideration for the job.  An employee who fails to sign the bid sheet as required shall have no right to consideration for the job.  The selection of an employee for vacancies in protected positions shall be on the basis of present qualifications for the job, which is defined as current skill and ability, past performance, safety and accident records.  Whereas, the selection of an employee for vacancies in unprotected positions shall be on the basis of seniority, past performance, safety, and accident records.  When qualifications relating to two or more employees are relatively equal, preference will be given to the senior employee for the filling of the job.  Seniority to be considered in choosing between the employees of that job classification shall be their Company-wide seniority in the bargaining unit.  If no bidder meets the criteria for the job, it may be filled from any internal or external source. It is agreed and understood that in the event of a controversy arising under this Section, it shall be treated as a grievance and will be handled as specified under Article 3.  The successful bidder for a posted position shall be placed in the position as soon as practicable, not to exceed thirty (30) calendar days from the date the posting was removed.  The Company shall post on the same bid boards, the award of each bid position once the determination is made.  Once an employee, who has bid for a position, has been selected for and placed in a bid-for position, the employee shall not be eligible to bid again for twelve (12) calendar months from the date the employee was placed in the new job.  However, twice, during the life of this Agreement, such limitation shall not apply and such employee may be awarded an available position if bid upon as stipulated above.  This bid is not to be interpreted or applied as super seniority.                  

If the Company is notified that an employee in a protected job is going to retire, and the employee provides at least 3 months’ notice of intent to retire, that job will be posted 3 months prior to the scheduled retirement date. If an unforeseen change that requires the employee to extend his employment, he will be allowed to retain employment and all other subsequent moves will be reversed.

Section 5.3 b)Once an employee has bid into a classification, the employee shall not be eligible to bid for twelve (12) calendar months.  The twelve (12) month provision shall not apply to employees who have bumped into their current position as per Section 5.6 (b) or exercise bids per Section 5.3 (a) of this Article.  An employee who is disqualified for failure to meet required standards of performance in their new position within ninety (90) calendar days from being awarded the bid, shall be returned to the position he/she held before signing the bid, and any other employee(s) whose jobs changes as a result of awarding of the bid shall also return to their previous positions. An employee disqualified after ninety (90) days will be subject to the provisions of Section 5.6 (b) below.

Section 5.4     Layoffs, permanent workforce reductions and recalls will be at the discretion of the Company.  A permanent workforce reduction is one in which the position is abolished for more than thirty (30) consecutive calendar days.  Before any regular fulltime employee is laid off or reduced, probationary employees shall be laid off or reduced first, providing there are employees with seniority who are capable of performing jobs held by the probationary employees.  Regular fulltime employees will be laid off or reduced in accordance with Section 5.6 (b) of this Article. 

When present qualification factors relating to two (2) or more employees are relatively equal, the least senior employee will be selected for layoff, or permanent workforce reduction.    

                        Seniority to be considered in choosing between two employees in these cases shall be their Companywide seniority. 

Section 5.5     Recognized departments and departmental areas are:       

§  Crusher

§  Mine

§  Maintenance Shop Quarry/Crusher

§  Maintenance Warehouse

§  Distribution*

§  Public Refrigerated Warehouse (PRW)

o   F-6/Blast/Deslat

o   Door 25

§  Inventory Control

§  Sanitation

§  Represents Departments    ○ Represents Departmental Area

Seniority shall be measured by continuous service since the employee’s last date of hire or rehire.                      

Section 5.6 a)Temporary Curtailment of Operations, It is agreed and understood that during temporary curtailed operations or slack periods, work in each operation will be distributed as equitable as possible among the employees of that operation, insofar as efficient operation will permit.  If it becomes necessary to distribute employees into a department other than their own, on a daily basis; the distribution will be based on seniority with the junior employee first unless volunteers are taken. The parties agree that the interpretation of this Section shall be that volunteers will be taken by top-to-bottom seniority and employees will be required to work by reverse order of seniority.           

Section 5.6 b)            When layoff or permanent reductions are made in accordance with Section 5.4 of this Article, employees may exercise their plant-wide seniority to bump the junior employee in any non-protected job classification or any protected job classification that they are qualified to perform, in any area, and on any shift.  Employees who are bumped will have the same right to bump the junior employee in any area and on any shift in any non-protected job classification or in any protected job classification they are qualified to perform, until there are no junior employees left to bump, at which point, the remaining junior employees will be laid off or have their positions reduced. If there is a rate change, the employee shall receive the rate of the classification in which they bump once the assignment is made. 

During the bumping and the five (5) calendar day placement process, the Company has the right to temporarily transfer affected employees to fill any vacant positions in the Company caused by the layoff or permanent workforce reduction.

Protected job classifications include the following positions:

§  Powderman

• Maintenance Mechanic II – V,
• Drill Operator
• Truck Driver Positions with CDL
• Trimmer
• Crusher Feeder
• Shot Rock Loader
• Stockpile Loader
• All other classifications requiring MSHA training or CDL certification.
• Other classifications mutually agreed upon by the Company and the Union.

Section 5.7 Recall, the Company will select employees for recalls on the basis of present qualifications described in Section 5.3(a) of this Article based on seniority.   

Section 5.8 An employee’s seniority shall be lost and the employee’s employment considered terminated by:

a)            discharge for cause;    

b)            voluntary termination of employment; 

c)            employee shall be required to return within three (3) working days of receipt of notice of recall or five (5) days of original attempt of delivery unless excused in writing by the General Manager.  The notice of recall will be sent certified mail by the Company to the employee’s last known address on the Company’s records.  In the event an employee shall, within three (3) working days of receipt of notice, notify the Company that the employee desires to return to work, the employee shall be granted an additional two (2) working days over and above the original three (3) working days within which to report to work. Employees shall keep Americold informed as to their correct mailing address and telephone number.   

d)            failure to report at the termination of leave of absence on the first scheduled day following the expiration date of such leave of absence unless excused in writing by the General Manager.    

e)            separation from the Company’s active payroll for more than one (1) year for any reason other than an authorized military leave unless otherwise specified in this Agreement.   

f)             giving a false reason for obtaining a leave of absence. 

g)            engaging in gainful occupation while on leave of absence without prior written approval of the General Manager shall also be cause for discharge.

h)            absence from work for three (3) consecutive working days without personally notifying your immediate supervisor or operations manager/superintendent of the reason of the absence.  Personal notification will be satisfied if the employee is unable to personally notify the immediate supervisor or operations manager/superintendent because the employee is physically or mentally unable, but the immediate supervisor or operations manager/superintendent received notification of the employee’s absence from a responsible person, such as the spouse, parent, sibling, doctor, or lawyer.  (This is not to be construed as permission to be absent up to three (3) consecutive working days without disciplinary action).    

i)             receiving an award for total disability.

j)             refusal to take a drug/alcohol screen or physical examination as stipulated in the drug/alcohol policy.

k)            employees with less than one (1) year seniority being on layoff more than one hundred-eighty (180) calendar days; employees with more than one (1) year seniority being on layoff for a period greater than one (1) year.

Section 5.9 In the event an employee volunteers or is drafted into the United States Military Forces the employee’s name shall be carried on the record of Americold as an employee on leave.  Upon application for re-employment within time provided by federal law after being honorably discharged from such service such employee will be reinstated without loss of seniority.        

Section 5.10 a) Nothing in this Agreement shall be construed to require the Company to fill a vacancy as the Company shall be the independent judge as to whether a vacancy exists or which jobs are to be abolished.  Temporary positions are anticipated to last thirty (30) calendar days or less unless mutually agreed by the Union and the Company.  It is agreed and understood that any temporary position that has been filled for more than thirty (30) calendar days will be posted for bid.  Those employees filling temporary positions bidding for the posted opening will not have that experience used as a test for skill and ability under Section 5.3(a) of this Article.

Section 5.10 b) If a scheduled shift, workday or work week is to be temporary in nature (not to exceed thirty (30) days unless mutually agreed upon by the Company and the Union), the employees in the department and job classifications shall be permitted to bid on that scheduled shift, workday, or work week.  Bids to temporary positions shall not be construed to be a bid in accordance with the provisions of Article 5.3 (a).  If the Company determines the temporary shift, workday or work week position shall become permanent (in excess of thirty (30) days), the Company will notify the Union Committee as stated in Section 6.4 of this Agreement.  At the time these positions are made permanent positions, they shall be posted as permanent positions plant wide.  Those employees filling temporary positions bidding for the posted opening(s) will not have that experience used as a test for skill and ability or past performance under Article 5 Section 3 (a) of this Agreement.         

ARTICLE 6

REGULAR WORKING HOURS

Section 6.1 Eight (8) consecutive hours, or ten (10) consecutive hours, except for meal periods, within a 24-hour period shall constitute a day’s or night’s shift of work.

When the shifts do not overlap, there shall be two (2) twenty (20) minute paid breaks during an eight (8) hour shift.  When scheduled to work ten (10) consecutive hours, an additional paid twenty (20) minute break will be taken after the eighth hour. When there are consecutive eight (8) hour shifts that constitute a twenty-four (24) hour period and the shifts do overlap, there will be two (2) paid fifteen (15) minute breaks and one (1) unpaid thirty (30) minute break.

Section 6.2 The following constitutes a normal forty (40) hour work week: 

• ·         Five (5) eight (8) hour days
• ·         Four (4) ten (10) hour days
• ·         Five (5) eight (8) hour days beginning on Monday (Mine, Crusher, Maintenance shop Quarry/Crusher and Maintenance Warehouse departments.

The above shall not be construed as a guarantee of work per day, days of work per week or weeks of work per year.               

Section 6.3 The scheduled work week for Distribution, Public Refrigerated Warehouse, Inventory Control, and Sanitation department employees may start any day of the week.  All shifts will be scheduled with a minimum of two (2) consecutive days off.  Normal shifts and meal periods shall be observed except in cases where prearranged regular schedules otherwise provide or an emergency arises.                     

Section 6.4 Changes in the hours of any shift, shift hours or normal work week departing from the ordinary shall be made only upon one (1) weeks prior notice to the Union and employees except in emergency situations.  Special shifts and work weeks may be reviewed as mutually agreed upon by the Company and the Union and no reasonable request shall be denied.

Section 6.5 For the purpose of establishing and determining a workday and work week, it is agreed that the workday and the workweek shall start beginning Monday morning at 12:00 a.m. except as otherwise stipulated or provided for in this Agreement.         

ARTICLE 7

OVERTIME

Section 7.1 The Company has the right to require a reasonable amount of overtime.  Time and one-half shall be paid for all hours worked in any one day in excess of an employee’s eight (8) or (10) hour normal schedule, or for forty (40) hours worked in any one week.  Double time shall be paid for all hours worked in any one day in excess of 12 hours. Employees must have worked their regularly scheduled 40 hours during any scheduled workweek in order to be entitled to 6th or 7th day overtime. Assuming the regularly scheduled 40-hour workweek has been completed, time and one half (1.5x) will be paid for overtime worked on employee’s 6th consecutive workday over 40 hours and double time (2x) will be paid for overtime worked on the employee’s 7th consecutive workday over 48 hours.Double time shall be paid for all hours worked in any one day in excess of twelve (12).Overtime paid on the daily basis shall not be duplicated on the weekly basis.  Employees shall not be required to work in excess of sixteen (16) consecutive hours.  There shall be no pyramiding of overtime payments.

Section 7.2 a) Daily Overtime Daily overtime shall be offered first by seniorityon a volunteer basis to qualifiedemployees in the department where the overtime is needed and then likewise to qualified employees outside the department.  Each department shall post a weekly (Monday – Sunday) overtime volunteer list.  Once a name is committed to the list it shall not be withdrawn, unless the name is withdrawn by the end of the regular scheduled shift the day prior to the day the notification of overtime assignment is given to the employee.  If an insufficient number of qualified employees volunteer from the department or outside the department, the Company may require the junior qualified employee(s) in the affected department, or departmental area if applicable (PRW), to work the required overtime.

Overtime list for scheduled daily overtime will be pulled according to the following schedule.

• ·         Each shift – day before 4 hours prior to end of regular scheduled shift. 

If an employee wishes to sign for daily overtime, and the list has been pulled due to scheduled day off overtime, they can do so by contacting their supervisor, as long as it is the day prior to the overtime. 

The Company shall give at least two (2) hours’ notice to the employee(s) who have volunteered and will be needed to work or the employee(s) who will be required to work the daily overtime, unless a documented customer request is received during the last two (2) hours of the shift.The Company may mandate overtime at any time during the employee’s regularly scheduled shift if caused by call-offs, no shows or absenteeism.

Section 7.2 b) Overtime On Normal Days Off, whenever there is a need for overtime work on an employee’s normal day off, the overtime shall be offered first by seniority on a volunteer basis to such qualified employees in the department where the overtime is needed and then likewise to such qualified employees outside the department.  Each department shall post a weekly overtime volunteer list.  Once a name is committed to the list it shall not be withdrawn, unless withdrawn by the end of the regular scheduled shift the day prior to the day the notification of the overtime assignment is given to the employee.  If an insufficient number of employees opt to work, Americold may require the junior qualified employee(s) in that department to work the required overtime. 

Overtime list for scheduled day off overtime will be pulled according to the following schedule.

• ·         Each shift, 4 hours before end of regular scheduled shift, two days’ prior, finalized 1 hour prior to end of shift. Example: 3rd Shift – 0400, 2 days’ prior, finalized @ 0700.

The employee(s) who have volunteered and will be needed to work or the employee(s) who will be required to work the overtime will be notified by the end of the regular scheduled shift on the day before their last normally scheduled day prior to the overtime.  If, due to business requirements of the Company, such notice cannot be given, then the overtime will be optional.

Employees with scheduled Floating Holidays, Personal Holiday, and/or vacations on their last regularly scheduled day of the work week and/or the next following first day of the work week will be excluded from mandatory overtime on that weekend.  The Union agrees to file no grievances arising from a senior employee working mandatory overtime when a junior employee had the scheduled time off.

Section 7.3 If work of a higher paid classification is required of an employee; the employee shall receive the higher rate of pay for such time as the employee works on a higher paid job.  If an employee is assigned temporarily to a job taking a lower rate of pay, the rate of pay shall not be changed.  If an employee is assigned permanently to a job taking a lower rate of pay, the rate of pay shall be changed to the lower rate.

Section 7.4 Notwithstanding the foregoing, premium pay will not be paid if the employee’s shift requires the employee to work one hour or less on their seventh (7th) consecutive day worked or the holiday.    

Section 7.5 Employees reporting early (prior to their regular start time) to work overtime, and find insufficient work available to work the scheduled hours, shall receive the appropriate premium pay for the early hours worked.  Employees reporting early (prior to their regular start time) that are scheduled to work their normal shift hours shall not receive premium pay.  This Article shall not apply to employees called into work under the terms of Article 8 of this Agreement.

Section 7.6 Nothing in this Agreement shall be construed as a guarantee or limitation on the number of hours to be worked per day, per week, or for any other period of time except as may be specified by the Agreement.

ARTICLE 8

CALL OUT TIME

Section 8.1        Employees reporting for work shall receive not less than four (4) hours work or four (4) hours pay unless properly notified not to report for work or unless, by Act of God, labor dispute, or other causes beyond Americold’s control, it becomes impossible to operate.  Notice posted on the bulletin board at least one (1) hour before quitting time of the corresponding shift, or notice to employee verbally, telephone call to the employee or the employee’s immediate family, shall constitute sufficient notice.

Section 8.2        Any employee who is called to work on an emergency job outside of the employee’s regularly scheduled working time, shall be paid at the overtime rate for all call outs on Monday through Saturday.  On Sunday, an employee shall be paid for four (4) hours at time and one-half or double time for hours actually worked, whichever is greater.

Article 9

Wages

Section 9.1 Present wages shall be as listed in Appendix A. 

Wages will be paid on a biweekly basis effective upon ratification of this Agreement.

The following shall be the minimum rates of pay for new employees:

            Hire in Rate……….70% of Scale

            After 3 months…….75% of Scale

            After 6 months…….80% of Scale

            After 9 months…….85% of Scale

            After One Year……Top of Scale

Section 9.2        Shift differential of twenty cents ($.20) per hour for second shift and twenty-five cents ($.25) per hour for third shift will be paid to employees assigned to work on these shifts.  No differential will be paid to an employee on the first shift who continues into the second or third shifts unless the employee takes the place of an employee regularly assigned to these shifts or is assigned to a new shift job.

Section 9.3        Employees of the Crusher and Mine Departments will be paid forty (40) minutes per day at straight-time rate in lieu of two (2) twenty(20) minutes breaks paid.

Section 9.4        Employees assigned to the freezer shall receive thirty-five cents ($.35) per hour above their regular hourly rate for all hours worked and such amount shall be included in the calculation of any applicable overtime calculation.  Employees working in the freezer four (4) hours or more in a workday shall receive freezer pay for the entire shift.

Section 9.5      Longevity pay of ten cents ($.10) per year of service up to five (5) years shall continue to be paid to all Maintenance employees.

Section 9.6      The Company will provide a dedicated kiosk for payroll stub verification which may only be used during non-work time.

ARTICLE 10

HOLIDAYS

Section 10.1   A normal number of hours of pay for one scheduled shift, at straight-time rate, for time not worked shall be paid for the following holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve, Christmas Day, one (1) personal day, and three (3) floating holidays, providing the employee has passed their probationary period as of the date of the said holiday - and providing the employee has worked all scheduled shift hours on the preceding and succeeding workday unless excused by their General Manager for legitimate reasons or being on vacation or other Company approved leave. 

Section 10.2      Time worked on any of the above holidays except the personal day and floating holidays shall be paid at the rate of double time, plus the regular holiday pay if the employee is eligible for holiday pay as stipulated in Section 10.1.                          

Section 10.3      When scheduling the three (3) floating holidays and one (1) personal day allowed per calendar year, the first floating holiday shall be taken during the first six (6) months of the calendar year.  The second floating holiday shall be taken during the second six (6) months of the calendar year.  The third floating holiday shall be taken anytime during the calendar year.    Employees desiring to schedule a personal holiday shall give no less than thirty (30) minutes notice.  However, in all cases, the Company retains complete discretion to schedule floating holidays and personal days so as to ensure orderly and efficient operations.

Section 10.4      Time not worked on the above holidays shall be counted as hours worked for the purpose of computing overtime, with the following exception:  When a holiday falls on a Saturday, regardless of any time previously worked, only eight (8) hours straight-time shall be paid for time not worked.     

Section 10.5For employees hired after 5/11/17, the Company shall offer eligible employees the opportunity to participate in Company Holiday Policy. The terms, conditions, and provisions of the coverage are set forth in the applicable policy documents.

ARTICLE 11

VACATION

Section 11.1 Any employee having at least one (1) year continuous service, with at least 1,600 hours worked during the previous twelve (12) months, shall receive one (1) week vacation each year without loss of pay.  Any employee having at least two (2) years continuous service in the employment of Americold, and a minimum of 1,600 hours worked in the past twelve (12) months, will be granted two (2) weeks’ vacation each year without loss of pay.  Any employee having at least seven (7) years continuous service, and a minimum of 1,600 hours worked in the past twelve (12) months, shall receive (3) weeks’ vacation each year without loss of pay.  Any employee having at least fifteen (15) years continuous service, and a minimum of 1,600 hours worked in the past twelve (12) months, shall receive four (4) weeks’ vacation each year without loss of pay.  Any employee having at least twenty-five (25) years continuous service and a minimum of 1,600 hours worked in the past twelve (12) months shall receive five (5) weeks’ vacation each year without loss of pay.  The vacation pay shall be on a forty (40) hour week at each employee’s regular occupational rate.  All time paid to the employee by the company for holidays, vacation, funeral leave, and jury duty shall be considered hours worked for the purpose of determining the 1600 hours worked requirement of this Section.

Effective May 11, 2012 employees working a minimum of 1040 hours but less than 1600 hours previous anniversary year will be entitled to one-half of their vacation annual allowance.

Example: Employee has 14 years’ service.  Seniority date is July 1, 1970.  On July 1, 1985 will have 15 years of service and be eligible for 4 weeks’ vacation.  Employee can request 3 weeks’ vacation prior to July 1, 1985, but would not be able to have the fourth week until after July 1, 1985.  If employee wants some or all of 3 weeks earned prior to July 1, 1986 can request it and Company will schedule it as near time desired as possible with seniority prevailing.

Section 11.2 Employees shall request vacations at least two (2) weeks in advance.  Exceptions, due to emergencies must be approved by the General Manager. Vacations will as far as possible be granted at time most desired by the employees, but the final right of allotment of the vacation period is exclusively reserved to Americold in order to ensure the orderly operations at the plant.  Notification will be given to the employee within one (1) working day of receipt of written request. During slack periods, vacation days and/or floating holidays may be used at the employee’s option, during full day voluntary time off periods.  Single days of vacation may be taken at any time by employees who make a request prior tothe scheduled start time of their shift.  The Company, however, reserves the right to reasonably limit the number of employees to be off on any one day in each department.Associates may request one half (1/2) days of vacation. These requests are subject to the same approval process as requests for full days of vacation. Using a ½ day of vacation shall not exclude an associate from day off overtime. Granting of 1/2 day vacations are subject to the needs of the business (headcount).

Section 11.3      Vacation cannot be carried over from year to year on an accumulative basis.

Section 11.4      If an employee is discharged by the Company, such employee shall forfeit their unused vacation.  An employee shall not forfeit their vacation if termination of seniority is in accordance with Article 5.8(b), 5.8(e), 5.8(i) or 5.8(k), of this Agreement.

Section 11.5      Any employee leaving the employment of Americold to enter the armed services shall receive their prorated portion of their vacation that the employee has earned up to that time.

Section 11.6      Any employee who is denied the right to take their vacation on the date the employee requests same shall be advised at least two (2) weeks in advance of the date when the employee shall start their vacation.  Once a vacation has been scheduled by an employee, it shall not be changed without the approval of the employee unless the employee does not have sufficient vacation available to take the time off. 

Section 11.7      Any employee’s vacation period shall be from the employee’s anniversary date (anniversary date to mean the employee’s last date of hire).

Section 11.8      Vacations scheduled for January and February each calendar year, will be scheduled on a ‘first-come, first-served’ basis.  Vacations for the remainder of the year may be scheduled by seniority, until February 28th, but once scheduled may not thereafter be changed, except in the case of emergency. Vacation scheduled after February 28 each year will be scheduled on a ‘first-come, first-serve’ basis.

ARTICLE 12

LEAVES OF ABSENCE

Section 12.1      The Company agrees to comply with all federal, state and local laws, rules and regulations addressing medical leave, family leave, maternity leave, pregnancy disability leave, and military leave.                                                  

Section 12.2      Where there is no time limit specified by law for the leaves of absence addressed in this Article, the maximum leave period is one (1) year.  Where federal, state or local law provides for leave a specified number of days or weeks during a twelve (12) month period, the twelve (12) month period will be a rolling twelve (12) month period measured backward from the date an employee starts using the leave.  Leave for employees shall be granted not to exceed one (1) year for illness or injury with written certification by a licensed medical doctor, stating that the employee is unable to work.  This certification must be renewed every thirty (30) days for the term of the leave if the leave is for thirty (30) days or more not to exceed one (1) year.  Any leave taken as medical, family leave, maternity and maternity disability leave will be applied to the employee’s available leave time under the Family and Medical Leave Act and any applicable state or local laws.

Section 12.3      An employee will not receive pay for time missed during the employee’s medical, family, maternity, pregnancy, disability or military leave of absence except to the extent the employee is eligible to receive vacation pay, personal holiday pay, floating holiday pay or short term disability.  To the extent permitted by federal, state and local law, an employee must use whatever vacation pay, personal holiday pay or floating holiday pay the employee has available during this leave except waiting periods for those leaves which are compensable such as short term disability or workers’ compensation.  Any leave taken as medical, family leave, maternity and maternity disability leave will be applied to the employee’s available leave time under the Family and Medical Leave Act and any applicable state or local laws.

Section 12.4   Personal Leave.  Upon written application to the Company, a regular fulltime employee may be granted a personal leave of absence without pay provided such leave is considered justified and necessary by the Company.  All personal leaves of absence shall be granted at the Company’s discretion up to a maximum of twelve (12) months.  Employees whom have not accumulated twelve (12) months seniority shall not be eligible for personal leave under this Section.  An employee accepting other employment, without written permission from the Company, while on a personal leave of absence, will be subject to termination.  Any employee on personal leave for thirty-one (31) days or more desiring to continue their health care coverage will assume the responsibility for the full cost of the health care coverage beginning the first day of the month following the thirty-first (31st) day of the leave.  The premium must be paid prior to the beginning of that month.  Prior to assuming responsibility for payment of the full premium after the thirty-first (31st) day, the employee must pay their proportional share of the premium by the first of each month.  No unpaid personal leave will be granted until the employee requesting such leave has used all his/her paid vacation, in excess of five days, or any other paid benefits, such as short term disability or funeral leave, under the terms of this Agreement.

Section 12.5      The employee shall give the Company thirty (30) days advance written notice or the earliest date possible if thirty days’ notice is not practicable, of the employee’s intentions to be absent from work.  Any employee being absent from work under Section 1 for more than twelve (12) months shall be terminated.

Section 12.6      Leaves of absence requested by the Union on behalf of any employee who enters the full-time service of the Union may be granted for a period of up to one (1) year without loss of accumulated seniority.  However, seniority will not accumulate during the period of the leave. Such leave may be extended by mutual agreement between the Union and Americold.

Section 12.7      Union members, not to exceed five (5) at any one time, may request unpaid temporary leaves of absence, not to exceed fifteen (15) days in a calendar year, for the purpose of attending Union conventions or other similarly scheduled Union activities providing the Union certifies to Americold in writing, at least fourteen (14) days in advance of leaving, and states the reason for such request. Americold may grant this request for leave based on orderly and efficient operations and shall not be unreasonably denied.For the President, Vice-President and Financial Officer of USW 11-500, additional time not to exceed five (5) at any one time, will be granted to attend Americold labor negotiations, Americold arbitrations and USW Local 11-500 union financial audits.

Section 12.8      An employee will be granted a leave of absence of up to three (3) consecutive days, at the employee’s discretion, without loss of pay basic rate for regularly scheduled work days for deaths within the employee’s immediate family.  One of the three (3) days shall be the day of the funeral or initial Memorial Service.  Immediate family to mean: the employee’s mother, father, brother, sister, spouse, son, daughter, mother-in-law, father-in-law, grandparents, grandchildren, stepparent, stepchildren, stepbrother, or stepsister.  An employee will be granted a leave of absence of up to one (1) day for the day of the funeral or initial Memorial Service only, at the employee’s discretion, without the loss of pay at basic rate for the death of brother-in-law, sister-in-law, or the employee’s grandchildren.

To be eligible to receive this benefit, an employee must attend the funeral or initial Memorial Service and the employee must have completed the probationary period of sixty (60) days, as of the date of such death.  An employee may be required to provide proof of attendance.

The funeral leave pay will be at straight-time pay only and will not be computed as time worked in computing overtime pay.  No employee shall receive both vacation pay and pay for death in the family for the same day

Section 12.9      An employee who is called for jury duty shall be paid for time lost from the employee’s regularly scheduled work shift by reason of such service at the employee’s regular straight-time base rate of pay (less the amount received for service on the jury), subject to the conditions outlined below:

Section 12.9.a) Employees must give reasonable notice tothe employee’s supervisor that the employee is required to serve on a jury but certainly no less than three (3) calendar days (Saturday, Sunday, and holidays excluded unless normally scheduled to work)after receipt of the notice of selection for jury duty, provided such notice is given to the employee.

Section 12.9.b) Any employee who reports for jury duty and is released, must report for work or personally notify the employee’s immediate supervisor or operations manager/superintendent, if the work schedule which the employee normally works has not yet expired. 

Section 12.9.c)  In order to be eligible for such jury duty pay, the employee must furnish a written statement from the appropriate public official showing the date and time served or attended and the amount of pay received.     

Section 12.9.d) No jury duty pay will be paid for any day for which the employee receives any other compensation such as vacation pay, sick pay, holiday pay, funeral attendance pay, disability pay, compensation for a job-related injury, unemployment compensation, or while the employee is not at work during a strike or while on layoff.                                                       

Section 12.9.e)  An employee who voluntarily seeks jury service will not be allowed jury duty pay.

Section 12.10    Under any and all types of leave in which the employee would become responsible for payment of the entire benefit premium the employee must pay their proportional share of that premium until such time they are responsible for full payment until such leave terminates.

Section 12.11    The maximum amount of any type of leave or combination of leave shall not exceed one (1) year, as defined in Section 12.2, unless provided for by federal, state, or local law.

ARTICLE 13

SAFETY COMMITTEE

Section 13.1      The Union shall have the right to appoint four (4)members on the Plant Safety Committee.  This will be a joint committee consisting of members appointed by the management and those designated by the Union.

Section 13.2      The duties of the Safety Committee shall be to make periodic inspections of the plant and to make recommendations respective to matters of health, sanitation, safety, and such matters as may promote efficiency among the employees.

Section 13.3      Americoldshall provide and maintain first aid kits in each department.  Proper and immediate attention shall be given to each and every injury, and if professional attention is indicated, it shall be provided at once.  The employee shall report any and all injuries promptly to the employee’s immediate supervisor.

ARTICLE 14

FEDERAL AND STATE LAWS

Any provision of this contract which conflicts with the provisions of any federal or state statute now in force, or hereafter enacted, shall be considered to be automatically modified to such extent as is necessary to remove such conflict and the fact that any such provision as originally written is determined to be invalid shall not affect the validity of the remainder of this contract.

ARTICLE 15

COMPANY RIGHTS

Section 15.1      Except as otherwise specifically provided in this Agreement, the Company retains the right to exercise all the rights and functions of management and such exercise shall not be subject to the grievance procedure, arbitration or prior negotiation during the term of this Agreement.

Section 15.1.a)  These management rights include, but are not limited to the following: General management of the facilities and direction of the work, including the right to select, hire and assign personnel; to discharge, suspend, or otherwise discipline employees for just cause; to demote, transfer or promote; to set and assign shifts and work periods; to set, change and assign duties; to determine the work needed and to lay off or reduce the workforce; to subcontract work to another Company; to curtail or suspend operations, to select materials, products, equipment, methods and schedules; to set reasonable  standards of quality, production and efficiency; to determine financial policy, accounting procedures, prices of goods sold and services, customer relations  policies, the facilities to be used, the size of the workforce, reasonably establish qualifications for jobs, job duties and classifications; to establish work schedules and the size and distribution of the workforce; to transfer work from one job facility, department or division to another; to cease operations in whole or part; and to establish reasonable work rules, personnel policies and safety, health and property protective measures. It is also agreed that any of the rights or authority that Americold had prior to this Agreement are retained by Americold except those specifically modified by this Agreement. 

Section 15.1.b)It is further agreed that Americold will consult and confer with the Union Committee prior to agreeing to contract out work which bargaining unit employees have historically performed and are qualified and trained to perform.  The parties agree that the final decision on contracting out work shall be the sole prerogative of Americold and shall not be arbitrable.

Section 15.1.c)It is agreed that the foregoing management rights shall not be deemed to exclude other “rights of management” not specifically addressed, and any other power, functions, authority, and right relating to management of the business of the Company and the direction of the workforce, which the Company has not specifically limited, delegated, or modified by this Agreement, whether or not the Company has made use of such power, function, authority, and right prior to execution of this Agreement, are hereby specifically retained by the Company.

Section 15.1.d)The failure of the Company to exercise any power, function, authority, or right reserved or retained by it, or the exercise of any power, functions, or right in a particular way, shall not be deemed a waiver of the right of the Company to exercise such power, function, authority, or right, nor preclude the Company from exercising the same not in conflict with the specific provisions of this Agreement.

Section 15.1.e)Management rights shall not be subject to impairment by any arbitration award, except when they are specifically limited by a provision of this Agreement.

Section 15.1.f)When a combination of jobs becomes necessary for efficient operation or to provide full-time employment for an employee, such a job shall be posted.  If the combination includes different rate ranges, the following procedure will be used to determine the rate of pay.  If 75% of the job is in the higher rate classification, the higher rate will be paid for the entire day worked.  If over 25% of the work is in the lower rate classification, the lower rate will be paid for the time worked in the lower rate classification.  If a job combination includes jobs with different wage rates, the new, combined job will be posted at the higher of the rates.

Section 15.2      All promotions to supervisory positions shall, if practical in the judgment of the Company, be made from among employees within the bargaining unit.  Supervisors shall not perform bargaining unit work except in case of emergency or for the purpose of training or instructing other employees.

Section 15.3      Lead persons will be appointed as the need arises.  Lead persons will not have the authority to hire, promote, demote, discharge, discipline, suspend, or otherwise effect changes in the status of the employee, or to effectively recommend the same.  The lead person would only report to the supervisor.  The supervisor would be the one authorized to take any of the above actions.  Only the classifications that any lead person now holds will be a biddable job when vacated.  Regular fulltime promotions shall be made from employees on the shift in the area or department involved.  When a temporary promotion or assignment is to be made contrary to the above, such will be discussed with the union committee detailing the need and length of time of the temporary assignment.  Additional time may be granted by mutual consent.

Section 15.4      In those areas where CCL operations or customer loader operations overlap, CCL employees may perform tasks normally performed by bargaining unit employees and vice versa during those periods of time deemed necessary by the Company to achieve maximum efficiency.  No employee shall be required to perform work which the employee is not qualified to perform and no new CCL job will be created which has the effect of transferring bargaining unit work to CCL.  CCL employees may also perform tasks normally performed by bargaining unit employees on an occasional basis consistent with past practice.

ARTICLE 16

ENTIRETY OF AGREEMENT

Section 16.1      The parties acknowledge that during the negotiations, which resulted in this Agreement, each had the unlimited right to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining.  They, therefore, each voluntarily and unqualifiedly waive the right for the life of this Agreement to bargain collectively with respect to any matter referred to or covered in this Agreement, or with respect to any subject or matter not specifically referred to or covered by this Agreement. However, the union does not waive it’s right to bargain over new matters that may arise during the duration of this Agreement that are mandatory subjects of bargaining.

Section 16.2         This contract represents the entire Agreement between the parties and no other agreements or practices, past or otherwise, unless mutually agreed to by both parties are binding upon either party hereto with respect to wages, hours, or working conditions of the employees covered hereby.

Section 16.3       No rights or obligations created by, or arising out of this Agreement shall survive its termination.

Section 16.4      No one or more provisions of this Agreement may be interpreted to provide a meaning not expressly set out in this Agreement or to deny to the Company the right to do anything not forbidden by the contract in specific language. 

Section 16.5      The provisions of this Agreement may be amended, supplemented, rescinded, or otherwise altered only by mutual agreement in writing, between the Company and the Union.

Section 16.6      Times expressed throughout this Agreement are calendar times unless specifically stated otherwise.  Time limits may not be extended or waived except by the written agreement of the Union and the Company.

Article 17

Duration

It is hereby understood that the Agreement between Americold and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC, on behalf of its Local No. 11-500, agrees on the following.

This Agreement shall become effective May 11, 2017and continue in force through May 10, 2022.  Then it shall automatically renew itself for further periods of twelve (12) months unless notice given by either party not less than sixty (60) days prior to the current expiration date of the change or changes that are desired in any or all of the provisions of this Agreement so long as the Union continues to be the established and exclusive bargaining agent of Americold employees, in accordance with the provision of Article 1 Section 1.2.

IN WITNESS WHEREOF, the parties hereto have executed the agreement this th day of May 2017.  

Americold Logistics, L.L.C.                 United Steel, Paper and Forestry, Rubber,

                                                                        Manufacturing, Energy, Allied Industrial

                                                                        and Service Workers International Union

______________________________            ______________________________

DivisionVice President            International President

______________________________            ______________________________

Director, Labor Relations                    International Secretary-Treasurer

______________________________            ______________________________

General Manager, Carthage               International Vice President

                                                                        Administration

______________________________            ______________________________

General Manager, Quarry    International Vice President

                                                                        Human Affairs

______________________________

Director, Compensation

______________________________      _____________________________

Regional Human Resources Manager      District Director

______________________________            ______________________________

Human Resources Manager     Staff Representative

            ______________________________

                                                                        Committee Person

__________________________________

                                                                 Committee Person

                                                                 __________________________________

                                                                 Committee Person

                                                                 __________________________________

                                                                 Committee Person

                                                                 __________________________________

                                                                Committee Person