Ralphs announced today that they plan to lay-off up to 170 meat cutters in Southern California. Ralphs stated that over the past 4 years the company has closed a number of stores and has absorbed the effected employees into other Ralphs stores causing them to be overstaffed in the meat cutter classification. They also feel they need to reallocate labor in the meat departments to work within the parameters of each classification. Ralphs states that they have not been able to reach their desired staffing level through attrition. The company says it will begin the lay-off's or offer reductions to the meat clerk classification over the next few weeks. Local 1167 will keep close watch on how the lay-offs are conducted and make sure your seniority rights, under our Collective Bargaining Agreement, are upheld.
If you have any questions or concerns please call your Union Representative at (909) 877-5000.
Facts
- Ralphs says that they will lay-off the least senior people first in order to minimize bumping.
- If you accept a meat clerk position in lieu of a lay-off and were previously a meat clerk before becoming a meat cutter then you will retain your original meat clerk seniority date. If you were never a meat clerk at Ralphs you will not have seniority over those that had prior experience as a meat clerk.
- If you accept the lay-off you need to file for unemployment immediately . If you accept a meat clerk position you may be entitled to partial unemployment benefits.
- If you are laid off, you have recall rights for your length of seniority as a meat cutter for up to one year.
- Undoubtedly you may find that reduced meat cutters and or even existing meat clerks will be encouraged or coerced to perform work as a meat cutter. If you are asked to perform work reserved to the meat cutter classification you are entitled to 8 hours the journeyman rate of pay. Please notify your union representative if you become aware of any violations.
- Laid off meat cutters, regardless of whether or not they are working as a meat clerk, must be offered any available meat cutting hours by seniority.
If you have any questions or concerns please call your Union Representative at (909) 877-5000.
California Unemployment Office Web Site
ARTICLE 4 - SENIORITY, TRANSFER & LAYOFFS
A. SENIORITY.
1. Seniority shall be recognized on a Company-wide basis within the jurisdictional area of the Union covering all employees from the date of employment and shall prevail in reference to vacations, transfers, layoffs, rehiring and promotions as set forth below.
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2. Seniority shall be used covering these issues and shall apply in each instance separately as to the Meat Wrapper classification (includes Meat Clerks) and the Meat Cutter classification (Journeyman Meat Cutters and Apprentice Meat Cutters).
Wrappers/Meat Clerks desirous of promotion to Apprentice Meat Cutter status shall make their desires known to the Employer, in writing, and such employee shall be given first consideration for such vacancies. Selection to fill the vacancies shall be made on the basis of Company seniority within the geographical jurisdiction of the Local Union, ability and qualifications being relatively equal.
A Wrapper/Meat Clerk commencing the Apprenticeship Program shall have a thirty (30) day trial period. Said trial period shall not jeopardize the employee’s former classification or seniority.
There shall be no reduction in pay to any Wrapper/Meat Clerk as a result of entering the Apprenticeship Program, i.e., the Wrapper/Meat Clerk rate of pay shall apply until such time as the Apprentice rate exceeds the Wrapper/Meat Clerk rate, at which time the Apprentice rate shall apply.
On and after the effective date of this agreement, when an employee is promoted or reclassified, he starts a new seniority date for that classification. For layoff purposes, he can bump back to his former classification carrying with him his total seniority. Company seniority is retained for vacation purposes. Thus, the seniority date of each employee commences with the date of hire with the Company; however, when that employee moves to a new classification his seniority will date, for seniority purposes within that classification, as the first date of his appointment to such new classification.
On and after the effective date of this agreement, when an employee is assigned from one classification of work to another, the seniority acquired within the current classification shall be retained, and new seniority in the new classification shall commence as of the time of such assignment. Such assignment shall not be made for the purpose of displacing another employee. Should layoff or reduction in hours occur where the newly assigned employee is to be replaced or reduced in hours, such employee shall be permitted to reclaim the position formerly vacated, or whatever equivalent position entitled to by the combined seniority in the old and new classification.
3. Seniority shall be recognized and employees covered by this Agreement promoted, provided they meet qualifications fitting them for such promotion. The Employer hereby agrees that when promotions are in order or a higher-rated job becomes open, those already employed by said Employer shall be given preference and a trial period of thirty (30) working days shall be given without jeopardizing the employee’s former rating.
4. In order not to impair the normal operation of any Employer’s business, it shall be permissible on vacations only, to apply seniority preference on a store-by-store basis.
B. PART-TIME SENIORITY. Part-time employees shall have no seniority over full-time employees.
C. LOSS OF SENIORITY. Break in continuity of service and cancellation of seniority will result from any of the following:
1. Quit.
2. Discharge.
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3. Layoff for a period of time equivalent to the employee’s seniority but in no event to exceed twelve (12) months.
4. Failure to return in accordance with the terms of a leave of absence or when recalled after layoff.
D. LAYOFF. In the event reduction of the work force is necessary in a particular store, the employee with the least seniority in that store, limited to the classifications as described in Section A-2 above, shall have the right to displace: (1) the least senior employee in the same classification currently employed by the Company within twenty five (25) miles of his home; or (2) the least senior employee in the Company within the jurisdic-tion of the Local Union, within the same classification. Any employee displaced as the result of No. (1) above, shall have the right to displace the least senior employee in the Company within the same classification. Should any employee who is involved in the application of seniority set forth in this Section refuse such transfer or should such employee lack the ability and qualifications to fill the job created by the seniority system set forth in this Section the Employer’s obligation shall cease, except as specified in Section E below, and the layoff shall be effected in the store where the reduction in work force is necessary. No regular employee shall be laid off until the end of his 40-hour weekly shift.
Nothing set forth in the preceding Paragraph shall prevent the Employer and the Union from developing a mutually satisfactory and agreeable system pertaining to the same subject.
Before a full-time meat cutter is subject to a layoff or an hours reduction, the meat cutter will be offered sufficient hours to retain full-time status by first reducing hours of any extra meat cutter(s) or any part-time meat cutter(s) within twenty-five (25) miles from his home within the Company’s district in which he is employed.
Second, by reducing hours of any extra meat cutter(s) or any part-time meat cutter(s) within the entire district, and third by reducing the hours of any extra meat cutter(s) or any part-time meat cutter(s) within the Union’s jurisdiction. If there are no extra meat cutters or part-time meat cutters within the jurisdiction, working the hours necessary to retain full-time status, then the affected full-time meat cutter shall have the right to displace the least senior full-time meat cutter within the Union’s jurisdiction. This displaced least senior full-time meat cutter shall have the same hours retaining rights as set forth above.
E. RECALL. The Employer agrees that full-time or part-time employees laid off and not terminated for cause shall be eligible for recall prior to the hiring of any new employees for a period of time equivalent to the employee’s seniority but in no event to exceed twelve (12) months from the date of layoff. Employees recalled pursuant to this provision shall be credited with seniority, and other benefits accumulated up to the time of layoff. Employees shall have the right to refuse recall without loss of seniority if the position available would require them to travel one way more than twenty-five (25) miles.
F. SPECIAL JOB SECURITY PROVISION.
1. Wrappers active on the payroll of their current Employer as of November 3, 1985, and who remain continuously employed with their current Employer, shall be guaranteed a minimum of eight (8) hours work per day when such employees work as scheduled or required.
Wrappers active on the payroll of their current Employer as of November 3, 1985, may claim, with no reduction in their grandfather rate of pay, for a workday when they are not otherwise scheduled, on a seniority basis, the hours of a Meat Clerk hired after November 3, 1985, subject to the following conditions:
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(a) Both Wrapper and Meat Clerk must be working in the same store.
(b) A claim for hours must be filed in writing with the Employer within forty-eight (48) hours of the posting of the weekly work schedule.
(c) Only an entire scheduled daily shift may be claimed.
(d) By claiming hours in the store, an employee may not claim hours which result in his working more than eight (8) hours in a day or more than forty (40) hours in a week. Overtime hours may not be claimed.
(e) If a day with fewer than eight (8) scheduled hours is claimed, the aforementioned eight (8) hour guarantee is thereby automatically waived for that day.
(f) An employee claiming hours must possess the necessary skills and requisite ability to perform the work required.
G. INTER-UNION TRANSFER. It is recognized that to meet the needs of the business, transfer of employees, either within or between Company districts or between the geographical jurisdiction of a Union party to this Agreement may be required. In such cases where such transfer is effected by the Employer, the transferred employee will carry to such employee’s new assignment all seniority, as defined above, acquired in the employ of the Company.
H. TRAVEL DISTANCE. An employee covered by this Agreement shall have the right to refuse a transfer to another location if the distance to travel one way between his place of residence and the new location is more than twenty-five (25) miles or the distance between his place of residence and his current store, whichever is greater. A refusal of a transfer by an employee covered by this Agreement under any of these circumstances shall not constitute a reason for discrimination, layoff or discharge, except as set forth in Section D above.
I. ADDITIONAL HOURS. A part-time employee may claim a scheduled weekly work schedule of another part-time employee within the same store and classification of employment calling for more weekly hours based upon the employee’s seniority over other part-time employees provided:
1. The claim is made within the same store, classification of employment and department.
2. No part-time employee can claim the weekly work schedule of full-time employees or the weekly work schedule of another part-time employee with the same amount or lesser amount of hours. It is also understood that no employee may claim a shift or shifts.
3. The part-time employee claims the entire weekly work schedule and makes his claim in writing to the store management within twenty-four (24) hours after the posting of the store’s weekly work schedule. The part-time employee whose weekly work schedule has been successfully claimed then assumes the weekly work schedule of the claiming employees.
4. No claim can be made unless the claiming employee possesses the necessary skill and ability to perform the type of work being done.
5. Grievances pertaining to the application of weekly work schedule claims shall be filed in writing with store management within forty-eight (48) hours of the posting of the involved weekly work schedule. 79
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Grievances not filed within this time limit shall be deemed null and void for the week that was scheduled or any prior week.
6. Part-time employees shall be given the first opportunity at full-time employment when permanent, full-time vacancies occur in any store within the jurisdiction of the Local Union. Selection of the part-time employee to fill the full-time vacancy shall be based on seniority, qualifications, skill and ability. Total hours worked for the Employer shall be given consideration in making such selection.
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