Common use of CLERKS WORK CLAUSE Clause in Contracts

CLERKS WORK CLAUSE. 7.01 Subject to exclusions in Section 6.01 of this Agreement, all work in the handling and selling of merchandise in the retail stores of the Employer shall be performed only by employees of the Employer who are in the Bargaining Unit and who are members of the United Food and Commercial Workers Union, Local 1518, with the following exceptions: A. Excluded Personnel as listed in Section 6.01 of this Agreement and Head Office personnel. The primary responsibilities of employees excluded from the Bargaining Unit are managerial in nature but it is recognized that they may perform the duties of employees in classifications listed elsewhere in this Collective Agreement. The Union will recognize the current practice in stores that average less than In the remaining stores of the Employer, such as the stores that average more than It is not the intent of the Employer to utilize excluded personnel to deny hours to Bargaining Unit employees. The Union and the Employer will meet in good faith to resolve any issue which arises from this agreement and will amend this language as is deemed appropriate. Should the parties fail to reach an agreement the matter can be referred to a dispute resolution process. *The sales averages referred to above shall be based on yearly sales over the fiscal calendar (fifty-two [52] or fifty-three [53] weeks) after the end of Period 12 with changes taking place by the end of Period 2 of the following year. B. Rack Jobbers. There shall be no Rack Jobbers in any New Stores. For Rack Jobbers to be permitted in Existing Stores: a) items must be stocked on a rack b) items cannot be pre-ordered

CLERKS WORK CLAUSE. 7.01 Subject to exclusions in Section 6.01 of this Agreement, all work in the handling and selling of merchandise in the retail stores of the Employer shall be performed only by employees of the Employer who are in the Bargaining Unit and who are members of the United Food and Commercial Workers Union, Local 1518, with the following exceptions: A. Excluded Personnel as listed in Section 6.01 of this Agreement and Head Office personnel. The primary responsibilities of employees excluded from the Bargaining Unit are managerial in nature but it is recognized that they may perform the duties of employees in classifications listed elsewhere in this Collective Agreement. The Union will recognize the current practice in stores that average less than $200,000 per week* where the Store Manager and Assistant Manager, who are excluded from the Bargaining Unit, will perform Bargaining Unit work. In the remaining stores of the Employer, such as the stores that average more than $200,000 per week* the amount of time spent performing these duties will vary from store to store depending on size and hours of operation. It is not the intent of the Employer to utilize excluded personnel to deny hours to Bargaining Unit employees. The Union and the Employer will meet in good faith to resolve any issue which arises from this agreement and will amend this language as is deemed appropriate. Should the parties fail to reach an agreement the matter can be referred to a dispute resolution process. *The sales averages referred to above shall be based on yearly sales over the fiscal calendar (fifty-two [52] or fifty-three [53] weeks) after the end of Period 12 with changes taking place by the end of Period 2 of the following year. B. Rack Jobbers. There shall be no Rack Jobbers in any New Stores. For Rack Jobbers to be permitted in Existing Stores: a) items must be stocked on a rack b) items cannot be pre-ordered

CLERKS WORK CLAUSE. 7.01 Subject to exclusions in Section 6.01 6 of this Agreement, all work in the handling and selling of merchandise in the retail stores of the Employer shall be performed only by employees of the Employer who are in the Bargaining Unit Contract Area and who are members of the United Food and Commercial Workers Union, Local 1518, with the following exceptions: A. Excluded Personnel as listed in Section 6.01 of this Agreement and Head Office field personnel. The primary responsibilities of employees excluded from the Bargaining Unit Contract Area are managerial in nature but it is recognized that they may perform the duties of employees in classifications listed elsewhere in this Collective Agreement. The Union will recognize the current practice in the “D” group stores that average less than where the Store Manager and Assistant Manager, who are excluded from the Contract Area, will perform Contract Area work. In the remaining stores of the Employer, such as the “A”, “B”, and “C” status stores that average more than the amount of time spent performing these duties will vary from store to store depending on size and hours of operation. It is not the intent of the Employer to utilize excluded personnel to deny hours to Bargaining Unit Contract Area employees. The Union and the Employer will meet in good faith to resolve any issue which arises from this agreement and will amend this language as is deemed appropriate. Should the parties fail to reach an agreement the matter can be referred to a dispute resolution process. *The sales averages referred to above shall be based on yearly sales over the fiscal calendar (fifty-two [52] or fifty-three [53] weeks) after the end of Period 12 with changes taking place by the end of Period 2 of the following year. B. Rack Jobbers. There shall be no Rack Jobbers in any New StoresStore. For Rack Jobbers to be permitted in Existing Stores: a) items Items must be stocked on a rack rack. b) items Items cannot be pre-ordered. c) Orders cannot be drop-shipped. d) Jobber must own the rack. e) Product cannot be normally carried by the Employer. Upon achieving the target ratios of fifty/fifty (50/50) in any store, the Employer shall not allow Rack Jobbers to perform any work in that store. Such work shall be performed by members of the Contract Area. Not withstanding the above, it is agreed that the current practice (as at ratification-1997 (November 23, 1997)) of Rack Jobbers in the stores shall continue. However, new Rack Jobbers must follow the definition set out above. C. Salespersons handling bakery specialties products (if merchandise is carried in the truck). The term "Salespersons handling bakery specialties products" is meant to be similar in concept to the term "Rack Jobber" and covers such operators as ▇▇▇. ▇▇▇▇▇▇▇'▇ and Rotary Pies, but neither the term "Rack Jobber" nor the term "Salespersons of bakery specialties products" is considered to mean Bread Driver Salespersons such as Weston's, Mother ▇▇▇▇▇▇▇'▇ or Venice. However, it is permissible for Driver Salespersons of these companies to stock sweetgoods products such as butterhorns, cakes, doughnuts, etc., providing such products are carried with them in their trucks.

CLERKS WORK CLAUSE. ‌ 7.01 Subject to exclusions in Section 6.01 of this Agreement, all work in the handling and selling of merchandise in the retail stores of the Employer shall be performed only by employees of the Employer who are in the Bargaining Unit and who are members of the United Food and Commercial Workers Union, Local 1518, with the following exceptions: A. Excluded Personnel as listed in Section 6.01 of this Agreement and Head Office personnel. The primary responsibilities of employees excluded from the Bargaining Unit are managerial in nature but it is recognized that they may perform the duties of employees in classifications listed elsewhere in this Collective Agreement. The Union will recognize the current practice in stores that average less than $200,000 per week* where the Store Manager and Assistant Manager, who are excluded from the Bargaining Unit, will perform Bargaining Unit work. In the remaining stores of the Employer, such as the stores that average more than It is not the intent of the Employer to utilize excluded personnel to deny hours to Bargaining Unit employees. The Union and the Employer will meet in good faith to resolve any issue which arises from this agreement and will amend this language as is deemed appropriate. Should the parties fail to reach an agreement the matter can be referred to a dispute resolution process. *The sales averages referred to above shall be based on yearly sales over the fiscal calendar (fifty-two [52] or fifty-three [53] weeks) after the end of Period 12 with changes taking place by the end of Period 2 of the following year. B. Rack Jobbers. There shall be no Rack Jobbers in any New Stores. For Rack Jobbers to be permitted in Existing Stores: a) items must be stocked on a rack b) items cannot be pre-ordered

CLERKS WORK CLAUSE. 7.01 Subject to exclusions in Section 6.01 Article 1 of this Agreement, all work in the handling and selling of merchandise in the retail stores of the Employer Company shall be performed only by employees of the Employer Company who are in the Bargaining Unit bargaining unit and who are members of the United Food and Commercial Workers Canada Union, Local 1518No. 401, with the following exceptions:. A. Excluded Personnel (a) Coke, Pepsi, Old Dutch, Lays, and Canada Bread and Quantum; (b) Supervisory and specialist personnel of the Company; (c) Rack Jobbers; (d) Sales persons handling bakery specialties products (if merchandise is carried in the truck) will be allowed to stock sweet goods only; (e) Sales persons or driver salesmen in the employ of soft drink distributors may sort and pick up their employers returns in the course of their duties for their employers; (f) Special personnel assisting prior to the store opening and one (1) week thereafter and during major store remodeling; (g) Sales persons employed in the building of special displays. End displays on regular store fixtures shall not be considered as listed special displays except that sales persons may assist in Section 6.01 the design and decoration of such displays; provided actual stocking of merchandise is performed by employees of the Company. Special promotions other than shelf or end displays may be built, designed and decorated by sales persons, provided that replenishing of merchandise shall be performed by employees of the Company. “Sales persons” for the purpose of this Agreement article shall mean persons other than employees of the Company. Where there is a violation of the Clerk’s Work Clause in any store, covered under the jurisdiction of the Collective Agreement, a written warning from the Union will be provided to that store. In the case of a subsequent violation in that particular store within twelve (12) months of the written warning, the Company will pay a fine of two hundred ($200.00) dollars. Such fine will be paid by the Company to the United Food and Head Office personnelCommercial Workers Canada Union, Local No. 401 Dental Care Plan. The primary responsibilities imposition of employees excluded from a fine in any particular store will mark the Bargaining Unit are managerial in nature but it is recognized that they may perform beginning of a new period for the duties of employees in classifications listed elsewhere in this Collective Agreement. The Union will recognize the current practice in stores that average less than In the remaining stores implementation of the Employer, such as the stores that average more than It is not the intent of the Employer to utilize excluded personnel to deny hours to Bargaining Unit employees. The Union and the Employer will meet in good faith to resolve any issue which arises from this agreement and will amend this language as is deemed appropriate. Should the parties fail to reach an agreement the matter can be referred to a dispute resolution process. *The sales averages referred to above shall be based on yearly sales over the fiscal calendar (fifty-two [52] or fifty-three [53] weeks) after the end of Period 12 with changes taking place by the end of Period 2 of the following yearprocedure laid out above. B. Rack Jobbers. There shall be no Rack Jobbers in any New Stores. For Rack Jobbers to be permitted in Existing Stores: a) items must be stocked on a rack b) items cannot be pre-ordered

CLERKS WORK CLAUSE. 7.01 Subject to exclusions in Section 6.01 6 of this Agreement, all work in the handling and selling of merchandise in the retail stores of the Employer shall be performed only by employees of the Employer who are in the Bargaining Unit Contract Area and who are members of the United Food and Commercial Workers Union, Local 1518, with the following exceptions: A. Excluded Personnel as listed in Section 6.01 of this Agreement and Head Office field personnel. The primary responsibilities of employees excluded from the Bargaining Unit Contract Area are managerial in nature but it is recognized that they may perform the duties of employees in classifications listed elsewhere in this Collective Agreement. The Union will recognize the current practice in the “D” group stores that average less than where the Store Manager and Assistant Manager, who are excluded from the Contract Area, will perform Contract Area work. In the remaining stores of the Employer, such as the “A”, “B”, and “C” status stores that average more than the amount of time spent performing these duties will vary from store to store depending on size and hours of operation. It is not the intent of the Employer to utilize excluded personnel to deny hours to Bargaining Unit Contract Area employees. The Union and the Employer will meet in good faith to resolve any issue which arises from this agreement and will amend this language as is deemed appropriate. Should the parties fail to reach an agreement the matter can be referred to a dispute resolution process. *The sales averages referred to above shall be based on yearly sales over the fiscal calendar (fifty-two [52] or fifty-three [53] weeks) after the end of Period 12 with changes taking place by the end of Period 2 of the following year. B. Rack Jobbers. There shall be no Rack Jobbers in any New StoresStore. For Rack Jobbers to be permitted in Existing Stores: a) items Items must be stocked on a rack rack. b) items Items cannot be pre-ordered. c) Orders cannot be drop-shipped. d) ▇▇▇▇▇▇ must own the rack. e) Product cannot be normally carried by the Employer. Upon achieving the target ratios of fifty/fifty (50/50) in any store, the Employer shall not allow Rack Jobbers to perform any work in that store. Such work shall be performed by members of the Contract Area. Not withstanding the above, it is agreed that the current practice (as at ratification-1997 (November 23, 1997)) of Rack Jobbers in the stores shall continue. However, new Rack Jobbers must follow the definition set out above. C. Salespersons handling bakery specialties products (if merchandise is carried in the truck). The term "Salespersons handling bakery specialties products" is meant to be similar in concept to the term "Rack Jobber" and covers such operators as ▇▇▇. ▇▇▇▇▇▇▇'▇ and Rotary Pies, but neither the term "Rack Jobber" nor the term "Salespersons of bakery specialties products" is considered to mean Bread Driver Salespersons such as Weston's, Mother ▇▇▇▇▇▇▇'▇ or Venice. However, it is permissible for Driver Salespersons of these companies to stock sweetgoods products such as butterhorns, cakes, doughnuts, etc., providing such products are carried with them in their trucks.

CLERKS WORK CLAUSE. 7.01 4.01 Subject to exclusions in Section 6.01 1 of this Agreement, all work in the handling and selling of merchandise in the retail stores of the Employer shall be performed only by employees of the Employer who are in the Bargaining Unit Contract Area and who are members of the United Food and Commercial Workers Union, Local 1518, with the following exceptions: A. Excluded Personnel personnel as listed in Section 6.01 1.04 of this Agreement and Head Office field personnel. The primary responsibilities of employees excluded from the Bargaining Unit Contract Area are managerial in nature but it is recognized that they may perform the duties of employees in classifications listed elsewhere in this Collective Agreement. The Union will recognize the current practice in the “D” group stores that average less than where the Store Manager and Assistant Manager, who are excluded from the Contract Area, will perform Contract Area work. In the remaining stores of the Employer, such as the stores that average more than “A”, “B”, and “C” status stores, the amount of time spent performing these duties will vary from store to store depending on size and hours of operation. It is not the intent of the Employer to utilize excluded personnel to deny hours to Bargaining Unit Contract Area employees. The Union and the Employer will meet in good faith to resolve any issue which arises from this agreement and will amend this language as is deemed appropriate. Should the parties fail to reach an agreement the matter can be referred to a dispute resolution process. *The sales averages referred to above shall be based on yearly sales over the fiscal calendar (fifty-two [52] or fifty-three [53] weeks) after the end of Period 12 with changes taking place by the end of Period 2 of the following year. B. Rack Jobbers. There shall be no Rack Jobbers in any New StoresStore. For Rack Jobbers to be permitted in Existing Storesexisting stores: a) items Items must be stocked on a rack rack. b) items Items cannot be pre-ordered. c) Orders cannot be drop-shipped. d) Jobber must own the rack. e) Product cannot be normally carried by the Employer. Upon achieving the target ratios of fifty/fifty (50/50) in any store, the Employer shall not allow Rack Jobbers to perform any work in that store. Such work shall be performed by members of the contract area. Not withstanding the above, it is agreed that the current practice (as at ratification-1997) of Rack Jobbers in the stores shall continue. However, new Rack Jobbers must follow the definition set out above. C. Salespersons handling bakery specialties products (if merchandise is carried in the truck). The term "Salespersons handling bakery specialties products" is meant to be similar in concept to the term "Rack Jobber" and covers such operators as ▇▇▇. ▇▇▇▇▇▇▇'▇ and Rotary Pies, but neither the term "Rack Jobber" nor the term "Salespersons of bakery specialties products" is considered to mean Bread Driver Salespersons such as Weston's, Mother ▇▇▇▇▇▇▇'▇ or Venice. However, it is permissible for Driver Salespersons of these companies to stock sweetgoods products such as butterhorns, cakes, doughnuts, etc., providing such products are carried with them in their trucks. D. Demonstrators - See separate Letter of Understanding #12. E. Special Personnel assisting prior to the store opening and during major store remodelling. F. Special displays (not built of product or merchandise) may be built, designed and decorated by Salespersons, provided that initial stocking and replenishing of product or merchandise shall be performed by employees of the Employer. "Salespersons" for purposes of this Section shall mean persons other than employees of the Employer. Salespersons or Driver Salesmen in the employ of soft drink distributors may only sort and pick up their company's returns in the course of their duties for their employers. Kraft Foods Representatives may remove their own company's off-code product unsuitable for sale from shelves or display cases and put such off-code product in a shopping buggy. Once the off-code product is in a buggy, it must then be handled by a Retail Clerk. This means that a Retail Clerk must either wheel the buggy into the back room or out to the Kraft Representative's car - whichever is desired. Also, any replacement of Kraft stock must be done by a Retail Clerk. If the Kraft Representative wishes to make an immediate replacement of stock, such stock shall be put into the stockroom and Retail Clerks shall place it on the shelf or in the display case. To further ensure compliance by Kraft Foods' Salesmen with the immediately preceding paragraph, the Employer hereby agrees to write to Kraft Foods Ltd., advising them of the permitted scope of their activities in the Employer's stores and, further, informing them that Salesmen who violate the provisions of the foregoing paragraph will be excluded from the stores of the Employer concerned. G. The Employer agrees that at no time will Truck Drivers be permitted to work in the sales area or in the stockroom or in the stockroom of the store, except in the loading and unloading of trucks as noted below. The Union agrees that the long-established method of receiving deliveries of produce is satisfactory to the Union. The Employer agrees, where Food Clerks are scheduled to work and are working in the stores and deliveries of merchandise are made from the grocery warehouse, that a Food Clerk shall: 1) Designate the area where the merchandise is to be placed in the stockroom; 2) Be present with the Driver during loading and unloading of trucks. H. In the event that there are major Section changes due to the introduction of new product lines, the Employer may use outside help to initially stock the new product only. This outside help would set up the space allocation for the existing product to be replaced. 1. First violation - a written warning from the Union will be given to the Employer. 2. Second violation within the twelve (12) month period following written notice as per Point (1) - a two hundred dollar ($200.00) fine. 3. Third and subsequent violations within the twelve (12) month period - a three hundred dollar ($300.00) fine for each violation. Where no violation occurs for a period of twelve (12) months following a written warning or from the date of the last fine, the Employer shall be entitled to another written warning from the Union. Where the Employer has been fined, such fine is to be dispatched to ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Limited who will notify the Union of receipt of such fine and the particulars in respect to which violation the fine was paid. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Limited will deposit the monies into the UFCW Industry Pension Plan.

CLERKS WORK CLAUSE. 7.01 4.01 Subject to exclusions in Section 6.01 1 of this Agreement, all work in the handling and selling of merchandise in the retail stores of the Employer shall be performed only by employees of the Employer who are in the Bargaining Unit and who are members of the United Food and Commercial Workers Union, Local 1518, with the following exceptions: A. Excluded Personnel personnel as listed in Section 6.01 1.02 of this Agreement and Head Office personnel. The primary responsibilities of employees excluded from the Bargaining Unit are managerial in nature but it is recognized that they may perform the duties of employees in classifications listed elsewhere in this Collective Agreement. The Union will recognize the current practice in the “A” group stores that average less than where the Store Manager and Assistant Manager, who are excluded from the Bargaining Unit, will perform Bargaining Unit work. In the remaining stores of the Employer, such as the stores that average more than “B”, “C”, and “D” status stores, the amount of time spent performing these duties will vary from store to store depending on size and hours of operation. It is not the intent of the Employer to utilize excluded personnel to deny hours to Bargaining Unit employees. The Union and the Employer will meet in good faith to resolve any issue which arises from this agreement and will amend this language as is deemed appropriate. Should the parties fail to reach an agreement the matter can be referred to a dispute resolution process. *The sales averages referred to above shall be based on yearly sales over the fiscal calendar (fifty-two [52] or fifty-three [53] weeks) after the end of Period 12 with changes taking place by the end of Period 2 of the following year. B. Rack Jobbers. There shall be no Rack Jobbers in any New Storesnew stores. For Rack Jobbers to be permitted in Existing Storesexisting stores: a) items must be stocked on a rack b) items cannot be pre-ordered