PFI, Inc.
9215 Santa Fe Springs Road
Santa Fe Springs, CA 90670
Tel: (562) 946-6666 | Fax: (562) 946-4000
Contract
March I, 2021 February 29, 2024
TABLE OF CONTENTS
Section 1-
Recognition....................................................................................
1
Section 2-
Union Membership.........................................................................
1
Section 3-
Wage Rates and Classification.......................................................
2
Section 4-
Hours and Workweek...............................................................
2
Section 5-
Overtime and Premium Pay...........................................................
2
Section 6-
Reporting Time..............................................................................
2
Section 7-
Settlements of Disputes..................................................................
3
Section 8-
Holidays................................................................... .................
4
Section 9-
Business Representative...............................................................
5
Section 10-
Seniority......................................................................................
5
Section 11-
Discharge and Discipline..............................................................
5
Section 12-
Handicapped Employees..............................................................
5
Section 13-
Bulletin Boards..........................................................................
6
Section 14-
Benefits...................................................................................
6
Section 15-
Vacations.................................................................................
6
Section 16-
Leave of Absence: Sick Leave......................................................
7
Section 17-
Paid Sick Leave...........................................................................
7
Section 18-
No Strike or Lockout...............................................................
8
Section 19-
Wash-Up Time, Rest Periods, Pay Days
Travel Allowances, Safety, and Industrial Injury........................
9
Section 20-
Contributions...........................................................................
9
Section 21-
Work Clothing................................................................
9
Section 22-
Health Welfare and Dental Plan.................................................
10
Section 23-
Bonus....................................................................................
10
Section 24-
Fair employment.......................................................................
10
Section 25-
Management Rights..................................................................
10
Section 26-
Scope of Agreement.................................................................
11
Section 27-
Bargam.. mg wa.1ver....................................................................
11
Section 28-
Period of Agreement................................................................
11
Pay Rate Schedule .....................................................................................
Signature Page..........................................................................
LABOR AGREEMENT
PREAMBLE:
This LABOR AGREEMENT is entered into and between the Painters and Allied Trades District Council No. 36 on behalf of Local Union No. 1991 of the International Union of Painters and Allied Trades. AFI-CIO hereinafter called the Union and P.F.I., Inc., in Santa Fe Springs California as parties hereto.
Section - 1 -Recognition
The Company recognized the Union as the exclusive representative to the purpose of collective bargaining in respect to rates of pay, wages, hours of employment or other conditions of employment for employees at its operation presently located at the address in Santa Fe Springs, California between the Company and the Union, but excluding all laboratory employees, quality control employees, clerical, non-manufacturing, filling, warehouse, shipping, watchmen, and supervisors as defined in the National Labor Relation Act as amended.
Section 2 - Union Membership
(A) As condition of continued employment, all employees covered shall, on the thirty-first (31• day following the beginning of employment in a Classification covered hereby or the executions hereof, whichever is later, make application for membership in the Union together with a tender of the initiation fee and the first month dues (or make satisfactory arrangements with the Union for the payment of the initiation fee and the first month dues) and if accepted for membership in the Union, shall remain members in good standing during the period hereof, provided that the Company shall not be obligated hereunder to discharge or discriminate against any employee for non-membership in the Union:
(1) If the Company has reasonable grounds for believing that such membership was not available to the employee on the same terms and conditions generally applicable to other members, or
(2) If the Company has reasonable grounds for believing that membership was denied or terminated for reasons other than the failure of the employee to tend the periodic dues and the initiation fee uniformly required as a condition of acquiring or retaining membership, or
(3) Unless the Union has given the Company written notice of the employee delinquency in dues and he fails, within seven (7) calendar days after the Company's receipt of such notice, to tender such dues.
(4) Membership in the Union shall not restrict employers from discharging employees within 90 day probation periods.
Section 3 - Wages Rates and Classification
(I) Each employee within the bargaining unit shall be classified in a Group and Classification according to the attached schedule of Classification and Wage Rates, as applicable to his date of hire.
(2) Said Groups and Classification are identification purposes only, and shall not limit the right of the Company in making work assignments.
(3) The principles of equal pay for women, when doing the same quantity and quality of work on the same job will be observed.
(4) Each employee shall be informed of the Foreman, who is normally responsible for the employee' s work direction.
Section 4- Hours and Workweek
(1) The normal workweek shall consist of forty (40) hours of work, made of five (5) consecutive eight (8) hour days, Monday through Friday.
Section S - Overtime - Premium Pay
(A) Eight hours oflabor constitutes a day's work and employment beyond eight
(8) hours in any workday or more than six days in any workweek is permissible provided the employee is compensated for the overtime at not less than:
(1) On and one half times the employee's regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and
(2) Double the employee's regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.
Section 6 - Reporting Time
(A) An employee who is scheduled and reports for work on his regular day of work shall receive a minimum of eight (8) hours work, or be paid for eight (8) hours, at his straight-time hourly rate. The provisions of this paragraph and paragraph (B) shall not apply where work is not available due to conditions beyond the control of the Company.
(B) The benefits of this Section shall not apply to an employee who fails to
report at the schedule time in condition to work, or if he quits or refuses any available work or if he becomes unable to work due to any cause or if he is discharged (or suspended) for good cause during his shift.
Section 7 - Settlement of Disputes
(A) Subject to the provisions of Section 7, a grievance must be filed in writing within one (I) week after the date of the alleged violation of this Agreement.
The Company representative and the Shop Steward or employee shall immediately endeavor in good faith to settle or adjust such dispute. If such efforts do not succeed, a Company official and the business Representative of the Union shall promptly meet and endeavor in good faith to settle or adjust such dispute. If the meeting between the Company official and a business representative of the Union does not result in a settlement or adjustment, the Company shall furnish its final written answer.
(B) In the event of failure to accomplish settlement or adjustment of a grievance involving the meaning of interpretation of, or an alleged violation of, this Agreement, the Union may, within two (2) week after the Company' s final answer under paragraph (B) above, serve written notice upon the Company' s that such dispute is to be referred to arbitration. Such notice of arbitration shall clearly state the issue or dispute to be arbitrated and the Section or Sections of the Agreement alleged to be in violation.
(C) Within three (3) days after written notice of intent to arbitrate is received, the Company and the Union will endeavor to agree upon an impartial arbitrator. If no agreement can be reached upon a Arbitrator within further five (5) day period, both parties agree that the Director of the Federal Mediation and Conciliation Services shall be called upon to furnish simultaneously to both parties the names of seven (7) qualified arbitrators. The Company and the Union will alternately eliminate three (3) names each from the list of the proposed seven
(7) arbitrators. The remaining named individual will be the Arbitrator.
(D) Both parties will have full opportunity to present their case. The Arbitrator shall render his findings and decision in writing within fifteen (15) days after conclusion of the nearing or as soon thereafter as time permits.
(E) The authority of the Arbitrator shall be limited to interpreting and enforcing the provision of this Agreement. The Arbitrator shall have no authority to change or modify this Agreement or make a new Agreement.
(F) The decision of the Arbitrator shall be final and binding and complied with by the employees, the Company and the Union.
(G) The fees and expenses of the Arbitrator and all the cost of the arbitrator proceedings shall be divided equally between the Company and the Union.
(I) It is understood that the procedures of this Section are applicable only to grievances filed by bargaining unit employees or the Union.
Section 8 - Holidays
(A) The following holidays are recognized under this Agreement: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving, Christmas Day, the last day before Christmas which would otherwise constitute a regularly schedule working day.
(8) A holiday shall be observed on the day fixed by law except that a holiday falling on Saturday or Sunday shall be observed on either the preceding Friday or the following Monday as designated in the sole discretion of the Company.
(C) Holidays shall consist of eight (8) hours pay at the employee's straight-time
hourly rate.
(D) The eligibility requirements for holiday pay are:
(1) The employee must be a full time employee.
(2) He must have been continuously employed for at least (30) days since his last date of hire.
(3) He must have reported for work on the holiday if scheduled to do so.
(4) He must perform some work in the workweek in which the holiday falls.
(5) He must work the last day he is scheduled to work before the holiday and the first day he is scheduled to work after the holiday, unless excused by the Company.
(6) Subparagraphs (4) and (5) shall not apply if:
(a) The employee supplies on requirement of the company a doctor's certificate, or other satisfactory proof, that the absence in question was necessitated by illness or injury.
(b) If a holiday payable under the above falls during the vacation period of an employee, he shall receive his holiday pay in addition to his vacation pay
or one additional day's vacation at the option of management. However, the employee's preference will be given consideration when practical.
Section 9 - Business Representative
The Business Representative shall be permitted to talk on the job with employees covered by this Agreement, with a minimum disturbance and interruption of work, provided the Business Representative notifies a Company official of his or her presence immediately upon their arrival at the plant.
Section 10 - Seniority
New employees must serve a three (3) month probationary period (without
a break in service of more than one week) before seniority shall apply and during this probationary period discharge by the Company shall not be subject to the grievance procedure. After an employee has completed his probationary period, he shall then be given credit for seniority beginning on his date of last hire.
Section 11 - Discharge and Discipline
(A) The Company may establish and maintain employee handbooks, rules and regulations not in conflict with this Agreement and may reasonably enforce such rules and regulations by discharge, suspension or other discipline, subject to paragraph (2).
(B) No employee who has completed the probationary period shall be discharged or disciplined without cause.
(C) In the event of discharge of any employee, the Company shall inform the employee in writing at the time of discharge that such severance of employment is a discharge and not a layoff, if requested to do so by the employee, shall promptly give reasons for the discharge, in writing.
(D) At the time of discharge or suspension, the steward, if then present in the plant, shall on request of the affected employee be permitted to be present.
(E) Any employee who is discharged or suspended shall, after punching out but before leaving the premises (or thereafter), have the right to file a written grievance in accordance with Section 7, contending that he has been discharge or discipline without cause: provided, however, that the grievance shall be waived for all purposes unless filed in writing within one (1) week after discharge or discipline.
Section 12 - Handicapped Employees
It is the continuing policy of the company that all hiring practices, and other conditions of employment shall be conducted in a manner which does not discriminate in
Section 13 - Bulletin Boards
The Company' s bulletin boards may be used by the Union for posting notices of Union meetings, elections, results of election, social affairs, or any other notice which is first approved by the Company.
Section 14 - Benefits
When wages paid by the Company are higher than those instituted hereon as minimum wages, the Company agrees not to withdraw such wages as a result of signing this Agreement. Should economics or other conditions warrant such wage premiums may be withdrawn by the Company.
Section 15 - Vacations
(A) An employee who has completed one (I) year of continuous service with the Company since his last date of hire shall thereafter receive a vacation with pay. The number of his vacation hours shall be equal to two (2) percent of his hours physically worked.
(B) An employee who completed at least two (2) years of continuous service with the company since his last date of hire shall thereafter receive a vacation with pay, with his vacation hours and vacation pay being determined as under paragraph (A) but using a factor of four
(4) percent with reference to hours during the year ending on the most recent anniversary of his date of hire.
(C) An employee shall take accrued vacation after the twelfth month following his anniversary date, at times scheduled by the Company so as to avoid interference with production, but with due regard where possible for the desires of the employee. Seniority shall be a factor to be considered in so scheduling vacations. At any time during the year following his vacation anniversary date, an employee may use up to two vacation days for personal business on one week's prior notice the Company. Otherwise, vacation periods must be for at least one (1) week. As to an employee who is entitled to more than two (2) weeks, the Company reserves the right, if necessary, to maintain efficient production, to limit his total vacation period or periods to two (2) weeks subject, however, to payment of his total vacation pay as determined in paragraph (E).
(D) An employee whose employment is terminated for any reason, or the surviving wife or children of such an employee who dies, shall on request receive any vacation pay which he has accrued under paragraph (A) , (B), (C), and (D) as of the most recent anniversary of his date of hire but has not yet received.
(E) An employee who has completed at least one (I) year of continuous service with the Company since his last date of hire who has actually worked at least five hundred (500)
hours since the most recent anniversary of his date of hire and
(I) Who is laid off indefinitely due to lack of work, or
(2) Who is discharged by the Company for any reason except willful insubordination, fighting, drinking, or drunkenness on Company property, willful or careless waste, theft of or destruction of or damage to property or product of the Company, or any other willful or careless misconduct adversely affecting the Company, or
(3) Who voluntarily quits his employment after not less than one (I) week prior written notice to the Company, or the surviving spouse or children of such employee who dies shall, on request, receive pro rata vacation pay equal to the applicable percentage of the employee' s hours of work since the most recent anniversary of his date of hire.
If the employee' s completed years of continuous service with the Company are:
At least I At least 2
The applicable factor for determined his pro rata vacation pay shall be:
2%
4%
The provisions of California Labor Code Section 227.3, shall not be applicable to this Section, and each employee' s right to accrued and pro rata vacation pay shall be determined exclusively under this paragraph.
Section 16 - Leave of Absence: Sick Leave
Upon approval of management and for good cause, a leave of absence without pay may be granted, in the discretion of the Company, to a non-probationary employee for personal reasons.
Section 17 - Paid Sick Leave
(A) In accordance with the Healthy Workplace Healthy Family Act of 2014 (AB1522), California paid Sick Leave Law, employees shall be granted paid Sick Leave for their own illness to care for an ill family member, or for court dates, medical treatment or counseling or safety planning if they are victims of domestic violence, sexual assault or stalking. Family members include the employee's parent, child, spouse, spouse's or registered domestic partner's parent, registered partner, grandparent, grandchild and sibling.
(1) Employee(s) who have completed Ninety (90) days of service but less that Two (2) years of service shall receive Three (3) days or 24 hours of Paid Sick Leave per year.
(2) Employee(s) who have completed Two (2) years of service shall receive 2% of his hours physically worked in said year of continuous service each anniversary year.
(3) Any unused hours will be cashed out on the following anniversary.
(4) Employees may be required to submit certification from their treating physician upon returning to work after an absence of three (3) days or more.
Section 18 - No Strike or Lockout
There shall be no strike, stoppage of work, or lockout during the life of this Agreement for any cause whatsoever. However, refusal of members of the Union party to this Agreement to pass through a picket line placed around the premises of the Company by any Union other than the Union party to this Agreement will in not manner violate this clause, provided that said picket line shall be authorized or recommended by the L.A. County Federation of Labor, District Council #36 and the Joint Council of Teamsters, and provided it does not violate the Labor Management Relations Act of 1947.
Section 19 - Wash-Up Time, Rest Period, Pay Days, Travel Allowances, Safety, and Industrial
(A) The Company shall allow five (5) minutes to wash up immediately prior to lunch period and five (5) minutes to wash up immediately prior to the close of the shift.
(B) The Company shall fix rest periods for each employee.
(C) Wages shall be paid weekly in a sealed envelope.
(D) The Company shall maintain a safety program, including a safety committee composed of Company appointees.
(E) The Company shall have a first-aid station.
(F) The Company shall not utilize contract labor for manufacturing except for temporary situations of brief duration that cannot feasibly be handled on schedule with the permanent work-force.
(G) If the Company requires employees to remain on the premises during the lunch period, it shall provide a clean and sanitary area in which no toxic materials or toilets are present, which employees may occupy during scheduled lunch and break periods.
(H) Each employee shall be provided with a locker or other secure space for the safekeeping of his personal effects while on Company property.
(I) The Company shall provide eye protection such as face shields or goggles where necessary as a safety measure.
Section 20 - Contributions
Any civic or other charitable contributions made by employees through the Company acting as collecting agent will continue to be on a voluntary basis.
Section 21 - Work Clothing
The Company shall provide work clothing for each employee.
Section 22 - Health & Welfare and Dental Plans Plan Contributions
(A) The Company and the Union hereby adopt the Southern California Painting and Drywall Industry Health and Welfare Trust and, except as provided below, hereby give the Trustees who have been appointed to represent their respective interests, full authority to act as their representatives in the administration of the Fund in accordance with Agreement and declaration of Trust creating the Fund for the provision of medical and dental benefits. The Company has the option to enroll non-union salaried employees.
(B) The Company contribution rates are as follows:
Effective 3/1/2021 $1,190.00 per month
The Company is bound to the Southern California Painting and Drywall Industry Health and Welfare Trust.
(C) Eligible employees who are absent from scheduled work for reasons other than
those covered by this agreement shall be obligated to pay for benefits on a pro-rata basis. In the event an employee is not compensated for 173 hours per month, for reasons other than those covered by this Agreement, he/she will be responsible for payment of benefits for hours not compensated for by payroll reduction.
Section 23 - Bonus
Bonus payments as follows:
(A) Beginning September I, 1997 $ .20 per hour, payable to covered employees who wish to participate by signing a wage reduction form for hours worked the preceding quarter. These funds can be deposited into an individual retirement plan.
Distribution schedule: JANUARY 30, APRIL 30, JULY 31, OCTOBER 31.
Section 24 - Fair Employment
The Company and the Union confirm their continuing acceptance of and adherence to federal and state laws and regulations prohibiting discrimination on account of race, creed, color national origin, sex, or age.
Section 25 - Management Rights
The Company retains and shall continue to have the complete and exclusive right and power to manage its operations and direct its working forces, except as limited by specific obligations of the Company set forth in this Agreement. Among such retained rights and powers are the following: to determine the size and composition of the working forces: to assign and reassign employee to hours of work and to shifts: to maintain good order and efficiency: to determine the type and quality of products to be manufactured: to determine the methods, processes, and means of manufacturing, production and distribution, and of administration and sales: to locate work within the plant: to discontinue all or any part of its operation: to transfer to other locations and there to perform all or part of its operations: to subcontract all or any of its operations: to determine whether to purchase or manufacture components and products: to lease, sell or otherwise dispose of all or any part of its plant and equipment: to modify revoke or reinstate any action, decision or determination made hereunder.
Section 26 - Scope of Agreement
This Agreement constitutes the sole and entire agreement between the parties hereto and supersedes all prior agreements, oral or written. This agreement expresses all the obligations of and restrictions upon the Company and the Union during its term.
Section 27 - Bargaining Wavier
Not withstanding the Company's recognition of the Union or any other provision of this Agreement, each party hereto expressly waives any obligation or duty legally imposed on the other party to negotiate or bargain collectively during the term of this Agreement regarding any matter or subject whatsoever whether or not such matter was presented, discussed, resolved, or contemplated in the negotiations leading to this Agreement, except as to the effects on employees of subcontracting out work historically performed by employees, or the discontinuance, transfer, lease, sale or other disposition of all or part of the Company' s operation, plant or equipment, which, in any such case, at the time thereof, causes a permanent layoff or termination of employees or a permanent reduction of hours of work for employees.
Section 28 - Period of Agreement
This Agreement becomes effective on the 1st day of March, 2021 and shall continue in effect to and including February 29, 2024 and thereafter from year to year automatically renewing itself unless terminated as herein after provided. Should either party decide to terminate this Agreement on February 29, 2024or any February 29 anniversary date thereafter, written notice must be given to the other party between November 1 and November 30, both dates inclusive, preceding such
anniversary date. If such notice is not given, this Agreement shall be automatically renewed for an additional period of one (1) year from March 1, and in like manner from year to year thereafter. If such notice is timely given, this Agreement shall terminate February 29, 2024 or that later February 29 immediately following such notice.
Signed and Accepted by the Authorized Representatives of the parties on this,
/?;i.J(..._Day of February, 2021.
FOR THE UNION FOR THE COMPANY
Ana M. Hanson, Business Representative Painters and Allied Trades District Council 36 Paint For Industry, Inc.
GRADE
3/1/2021
3/1/2022
3/1/2023
Increase
$1.00
$0.75
$0.50
I
Working Foreman
$17.75
$18.50
$19.00
II
Paint Maker
$16.00
$16.75
$17.25
PAINT MAKERS SCHEDULE OF CLASSIFICATION AND WAGE RATES LABOR CLASSIFICATION