Evelyn Gonzalez Union

Article 1. Recognition

Section 1.01 The Employer recognizes the Union as the sole and exclusive collective bargaining representative for all Banquet employees, including full time, part time, and on call: Servers, Bartenders, Captains, and Coat Check Attendants employed by the Employer at its facility located at Chelsea Piers, Pier 60, 23rd Street and West Side Highway, New York, NY  10011 but excluding all other employees, including office clerical employees, guards, professional employees, and supervisors as defined in the Act, as certified in Case No. 2-RC-065080.  (AGREED)

Section 1.02 The words "employee" or "employees" as used in this Agreement shall refer only to the individuals employed by the Employer in the classifications set forth in Section 1.01 above.  (AGREED)

Section 1.03 Agency Personnel

(a)  The parties agree and understand that the Company utilizes Agency Personnel who are not employees of the Company and shall not be covered by the terms and conditions of this Agreement. (AGREED)

(b)   In the event an Agency Personnel person is hired as a Pier Sixty employee, he/she shall be covered by the terms of this Agreement including Article 3 (Probationary Period) in the same manner as newly hired employees. (AGREED)

Article 2.  No Discrimination

Section 2.01  The Employer agree that they will not discriminate, against any employee subject to this Agreement on account of gender, color, age, race, creed, national origin, disability, marital or parental status, sexual preference, citizenship, veteran, political beliefs or association, lawful off-duty activity, Union membership, activities official capacity, and pregnancy status protected by any Federal, State, City, County, municipal or other local statute, law, regulation, rule or ordinance. (AGREED)

Section 2.02   There shall also be no retaliation against those employees covered by this Article for pursuing their rights, statutory and contractual, under this Article. (AGREED)

Article 3.  Dignity and Respect

Section 3.01  The Employer and the Union, through their respective agents, managers, and supervisors agree to treat each other with dignity and respect. Alleged violations of this Article are not subject to the Grievance and Arbitration clauses of this Agreement. (AGREED)

Article 5.  Participation in Current Recognition and Benefits programs

Section 5.01  The parties recognize there are several benefits employees receive which Pier 60 certainly intends to continue for the duration of this Agreement.  However, the parties recognize the items listed below are not guaranteed to continue on as they are and Pier 60 retains full discretion to modify or eliminate them so long as it given 21 calendar days written notice to the union and the changes are the same for non-bargaining unit, non-management employees.(AGREED AS OF 9/12/13)

Quarterly A-team Award

Associate of the Year Award

Chelsea Piers All Star Award

Chelsea Piers Annual MVP

Years of Service Awards

Caught in the Act of CARING Program

15 Minutes of Fun Program

Themed Lunches & Contests

Annual Holiday Party

Annual Summer Outing

Chelsea Piers Family Day

Birthday Lotto Ticket Program

Free Associate Meals

New Baby Gift

Butterball Turkey Voucher Program

Discounted Movie Tickets

Discounts for Chelsea Piers Venues

Discounted Gym Membership at the Sports Center (employees must average 20 hours per week.  Average is over the preceding 26 week time period.  Eligibility is checked Quarterly)

Associate Referral Program (On Call Server Referrals not eligible)

Direct Deposit

Qualified Transportation Benefit

Tuition Reimbursement (F/T Employees only)

Supplemental Insurance Programs through AFLAC

Article 6.  Rules and Regulations

Section 6.01  The Employer shall have the right to make such reasonable rules and regulations, and any amendments thereto, affecting the employees covered by this Agreement as it deems necessary and proper.  (AGREED)

Section 6.02   The Employee Handbook and the Banquet Service Manual for Servers, Captains and Coat Check personnel (or any revisions thereof of either document) shall be recognized by the Union as some of the applicable rules, policies and procedures to the extent that such rules, policies and procedures are not inconsistent with any of the provisions of this Agreement. The Employer shall transmit such rules and regulations, and amendments thereto, to the Union in writing (Email constitutes writing)) at least five (5) business days[1] prior to implementation except for those which are safety related or otherwise mandated by law which may occur immediately.  (AGREED AS OF 9/12/13)

Article 7.  Union Shop

Section 7.01  It shall be a condition of employment that all employees of the Employer covered by this Contract who are members of the Union in good standing on the effective date of this Contract shall remain members in good standing and those who are not members on the effective date of this Contract, shall on the thirtieth (30^th) calendar day following the effective date of this Contract or the execution thereof, whichever is later, become and remain members on good standing in the Union. It shall also be a condition of employment that all employees covered by this Contract who are hired on or after its effective date or the execution thereof, whichever is later, shall, on the thirtieth (30^th) calendar day following the beginning of such employment, become and remain members in good standing in the Union. (AGREED)

Section 7.02  The Union agrees to make Union membership available to all employees who are not members of the Union on the same terms and conditions generally applicable to Union members. (AGREED AS OF 9/12/13)

Section 7.03  The Employer shall agrees to discharge from its employ any employee who fails to join or maintain his membership in good standing in the Union or to pay his periodic dues, assessment, initiation and other fees uniformly required by the Union. Such employees shall be discharged within ten (10) business days after receipt by the Employer of written notice (Email constitutes writing)from the Union requesting discharge of the employee. The Employer shall be held harmless for its actions at the request of the Union. (AGREED AS OF 9/12/13)

Article 8. Union Visitation

Section 8.01  Authorized representatives of the Union shall be admitted to the Employer's establishment at reasonable times for the purpose of adjusting disputes, investigating working conditions and ascertaining that the Agreement is being followed. Said representatives must give advance written notice (Email constitutes writing) notice of at least 3 business days (unless is an emergency) to the Director of Human Resources to make arrangements for the visit and shall not interfere with the operation of the Employer's business. (AGREED AS OF 9/12/13)

Article 9. Shop Stewards

Section 9.01   The Employer shall recognize the right of the Union to designate three (3) Shop Stewards from within the bargaining unit.  The Employer shall be notified in writing by the Union of the names of such employees and any change in Shop Stewards. Shop Stewards shall have the authority to report grievances and violations of the contract to the Union. Union Representatives shall present grievances and violations of the contract to the designated Employer representative in accordance with the provisions of this Agreement. (AGREED)

Section 9.02   It is understood that Shop Stewards shall not conduct their activities during an employee’s or their own working hours, except during breaks or rest period. (AGREED)

Section 9.03    The Shop Stewards have no authority to take strike action, or any other similar action interrupting the Employer's business, except as officially authorized by the Union. (AGREED)

Article 10. Union Communications

Section 10.01  There shall be no distribution of any written or printed notices, cards, pamphlets or literature upon the Employer’s property during working time, except during breaks or rest period nor shall there be any campaign meetings, election campaigning, solicitation of membership during working time, except during breaks or rest period as protected by the law. (AGREED as of 7/11/13)

Article 11. Bulletin Board

Section 11.01  The Union shall utilize a total of two (2)  18” by 18” boards - one  located at back stairwell at Pier Sixty and one at the back stairwell of the Lighthouse for posting official union communications. Nothing within such postings may be demeaning or derogatory to the Company, its affiliates, entities or any owner, manager or employee. (AGREED)

Article 12. Lockers

Section 12.01  All full time employees shall be assigned a locker by the HR Department. Lockers are Company Property and shall be maintained by the Employer. Locker combinations will be distributed by the HR Department and the HR Department will have access to the lockers as needed and the lockers will be subject to periodic audits. The Company reserves the right to inspect its contents for safety, health or other reasons at any time with the presence of the employee or Shop Stewards. The Employer shall be respectful when searching an employee’s personal belongings. (AGREED)

Article 13.  Probationary Period

Section 13.01  The first sixty (60) calendar days of employment shall constitute a probationary period. Except as otherwise specifically provided by this Agreement, during the first sixty (60) calendar days period, the employee shall, however, be entitled to all other benefits under this Agreement for which he may qualify. (AGREED AS OF 9/12/13)

Section 13:02  The probationary period may be extended by up to thirty (30) calendar days at the discretion of the Employer.(AGREED AS OF 9/12/13)

Section 13.03  Seniority shall not accrue to probationary employees during the probationary period.  However, at the successful completion of the probationary period, the employee's seniority shall be considered to commence from the date first worked after hire. (AGREED)

Section 13.04  Notwithstanding any other provision of this Agreement, the Employer may at any time during or at the end of the probationary period, layoff, discipline or discharge such probationary employee, with or without cause, and no claim may be made by the Union or any of the employees that the layoff, discipline or discharge was improper under any provision of this Agreement and said decision of the Employer is not subject to a filing under the Grievance and Arbitration clauses of this Agreement.  (AGREED)

Article 16. Overtime

Section 16.01  All hours worked by any employee in excess of forty (40) hours per week shall be paid at the rate of time and one-half of the employee's regular wage or weighted average wage rate as applicable under the law.  Unpaid or paid time off does not count towards the forty (40) hours for overtime purposes.  The Employer in its full discretion shall determine when overtime work shall be performed. (AGREED)

Section 16.02  For the purposes of this agreement work offered above and beyond five (5) shifts [1] in one workweek, will be called “Additional Shifts.” (AGREED)

Section 16.03 Additional Shifts will be offered on a seniority-based rotation to full time associates, based on their date of full time employment.  These Additional Shifts will be posted by the Thursday of each week prior or on a periodic basis as they become available, but at least 12 hours before the Additional Shift is needed.  Additional shifts that are not known to be needed more than 12 hours in advance are exempt from this procedure. (AGREED)

Section 16.04 More senior employees shall be offered Additional Shifts before less senior employees on a rotation basis.  An employee who works, or refuses an opportunity for Additional Shifts, goes to the bottom of the list for rotation purposes. (AGREED)

Section 16.05 If all of the Additional Shifts are taken/accepted before reaching the end of the rotation, the next person on the rotation will be the first person offered Additional Shifts the next time Additional Shifts are available until the rotation is completed, before beginning again with the most senior employee. (AGREED)

Section 16.06 Should volunteers for Additional Shifts not fill the Employer’s need for Additional Shift work, Additional Shifts shall be assigned by inverse seniority to less senior employees or assigned to part-time or on call employees, or via use of Agency personnel with the choice at the Employer’s discretion. (AGREED)

Section 16.07 While the Union may seek Compliance with this Article via a grievance at any time, it may only be seek arbitration at the end of each contract year so that any potential inequities may be addressed as the year proceeds. In the event that any employee is not afforded a fair opportunity for Additional Shifts, the only remedy an arbitrator may award is future enhanced opportunities for additional shifts, NOT any back pay of similar or related award. (AGREED)

 [1]   A shift is any assignment to an event regardless of the length of the event.

Article 17. Americans with Disabilities Act

Section 17.01  The Employer and the Union recognize their mutual obligation to abide by the requirements of the Americans with Disabilities Act.   (AGREED)

Section 17.02  With regard to the Americans with Disabilities Act, it is agreed that the Employer has the sole discretion to determine the qualifications and suitability of any applicant or employee for a position. (AGREED)

Section 17.03  In recognition of the obligation to provide reasonable accommodation for disabled individuals, it is agreed that the Employer has the right to determine the necessity, nature, extent, and/or reasonableness of potential accommodations and to make those accommodations whenever it sees fit to do so. (AGREED)

Article 18. Health and Safety

Section 18.01 The Employer shall make reasonable provisions to assure the safety and health of employees while on the Employer’s premises and during their hours of work. Such provisions will include access to first aid supplies. The Employer agrees to comply with all established rules and regulations promulgated by OSHA (Occupational Safety and Health Act) and other applicable city, state or government regulatory agencies. (AGREED)

Section 18.02 Employees will be required to wear safety equipment when appropriate in accordance with the Employer’s rules and with all established rules and regulations promulgated by OSHA.  (AGREED)

Section 18.03 Employees and the Union recognize that Employer events occur in kitchens and cooking environments and should therefore expect cooking odors and other byproducts of cooking food. Employees and the Union recognize that customer events involve substantial noise levels due to music or other presentations and are a regular part of the work environment. (AGREED)

Section 18.04  An employee shall have the right to refuse any assignment  that a reasonable person would agree presents a credible and severe threat to his / her safety. Absent such a situation, the employee must continue to work is so required by the Company. (AGREED)

Article 19.  Accident and Illness

Section 19.01  Any employee covered by this Agreement who is injured or becomes ill and takes an approved leave, shall as a mandate prior to their potential return, present a certificate of a licensed physician confirming their ability to return to work and perform the essential functions of the job (with or without reasonable accommodation).  Such potential return is contingent upon the following: (AGREED)

(a) They have not exceeded their leave entitlement

(b) There has been no layoff which would have included the employee;

(c) Business conditions allow the Company to reemploy the employee;

(d) The employee has not taken other employment at any time during their absence caused by sickness, accident or injury on the job, or contractual leave of absence (excluding vacation)

(e) The employee did not use the period of absence or contractual leave for any reason other than that given for the absence or in the request for the leave.  

Section 19.02  The employee shall suffer no loss in seniority as the result of his absence due to injury or illness for a continuous period of up to three (3) months. (AGREED)

Article 20. Seniority – Layoffs

Section 20.01 Seniority is defined as the length of an employee's continuous service with the Employer in a particular job classification as measured from the date the employee was last hired into that classification by the Employer.  When two or more employees enter duty on the same day and at the same time, the ranking of such employees on the seniority roster will be determined by lottery. (AGREED)

Section 20.02 The lottery will be administered by the Director of Human Resources on a date and time mutually agreed upon by the Employer and the Union.  The lottery will be executed by random drawing of the names of said employees who entered duty on the same day and at the same time in front of said employees and a Representative of the Union. (AGREED)

Section 20.03 The agreed upon current seniority order as of the Effective Date of this Agreement is attached as Schedule B. (AGREED)

Section 20.04 Seniority within one’s job classification shall govern in the event of layoff and recall if other factors of skill and ability are equal provided that the employees shall have the present skill and ability to perform the available work.

Section 20.05 Seniority rights shall be terminated for any of the following reasons: (AGREED)

(a) If the employee quits or resigns;

(b) If the employee is discharged and if the discharge is grieved, the discharge is upheld by an arbitrator or via settlement of the case;

(c) If the employee has not worked for the Employer for three (3) consecutive months or more except when on a pre-approved leave of absence; or

(d) If the employee fails to report for work when scheduled to work for three (3) consecutive scheduled days when ordered to do so.

(E) If employees who have left the service of the Employer for any of the above reasons should be re-employed, they will be considered new employees.

Article 21.  Recall Rights

Section 21.01 Employees shall be recalled in the reverse order of their layoff. (AGREED)

Section 21.02 When recalling employees from layoff, the Employer shall either call, Email or mail a letter to the Employee, at his last phone number, Email address or home address of record. (AGREED)

Section 21.03 The recall rights provide herein shall automatically terminate if an employee is not recalled within three (3) months after the layoff. (AGREED)

Article 22.  Military Service

Section 22.01  Employees enlisting or entering the military service, or training in any division of the Armed Forces of the United States, shall be granted all rights and privileges provided by the Selective Service Act of 1948, as amended, and any regulations thereunder. (AGREED)

Article 27. Privacy

Section 27.01  Unless otherwise limited by the Employer's rights under this CBA, The Employer shall respect the employees’ right to privacy consistent with the law. (AGREED)

Article 28. Adequate Supplies

Section 28.01  The Employer shall provide employees with supplies and equipment needed for the timely, safe, efficient and effective performance of their duties. It is understood that employees are and shall remain responsible for bringing the following tools to work to perform their duties: crumber, wine bottle opener, matches (or lighter) and pen. (AGREED)

Article 29.Evaluations

Section 29.01  All full-time and part-time employees shall receive evaluation on an annual basis. (AGREED)

Article 30: Amendment

Section 30.1 This Agreement shall not be changed, altered, modified or amended except in a writing executed by the Union and the Employer.  (AGREED)

Article 31.  Separability

Section 31.01  It is understood and agreed that all of the provisions of this Agreement are subject to all applicable laws and lawful regulations, rulings and orders of governmental commissions or agencies having jurisdiction of this Agreement, now or hereafter in effect. If any provision of this Agreement is in contravention of the laws or regulations of the United States or of the State of New York, or any other governmental entity having jurisdiction over this Agreement, such provision shall be superseded by the appropriate provision of such law or regulation, if any, so long as same is in full force and effect; but all other provisions of this Agreement, shall continue in full force and effect; including the No Strike / No Lockout provision contained in Article XXIII, shall continue in full force and effect. (AGREED)

Section 31.02 If any provision of this Agreement is in contravention of the laws or regulations of the United States or of the State of New York, or any other governmental entity having jurisdiction of this Agreement, the parties hereto shall meet solely for the purpose of negotiating with respect to the matter covered by the provision which may have been so declared invalid or void. (AGREED)

Article 33.Pay Date and Information

Section 33.01  Employees will be paid on a weekly basis by direct deposit or via check if they have not selected direct deposit. All employees must punch in and out at start and end of shifts. The Employer shall provide a pay stub record indicating the dates and hours worked and monies paid to the employee. (AGREED)

Section 33.02  In the event the Employer mistakenly pays an employee more in wages or other benefits than due or owing, the Employer may make appropriate adjustments from the employee's salary during subsequent pay periods to reflect such overpayments.  Such adjustments shall be specifically detailed on a written statement given to the employee in advance of said adjustments. (AGREED)

Article 36.  Gratuities

Section 36.01 All cash or check gratuities provided by the guests to management for the banquet employees shall be announced to the employees on the same day when possible, but no later than, 3 business days from when the gratuity is provided. (AGREED)

Section 36.02 On the occasion a Customer decides to leave a gratuity on the banquet invoice, that is specifically designated to someone in the bargaining unit, the Employer shall with-in five (5) business days or when the balance of the bill is paid, whichever comes last, pay to said associate the full amount of the designated gratuity less all applicable taxes. (AGREED)

Section 36.03 On the occasion a Customer leaves a cash gratuity designated for someone in the bargaining unit the cash gratuity shall be handed over to the Employer’s accounting department on the next business day to be counted and the designated employee(s) shall receive the gratuity in cash within five (5) business days. (AGREED)

Section 36.04 Gratuities shall be distributed only among the employees that worked the party that for which a gratuity was paid, or to individuals specified by the Client. (AGREED)

Section 36.05 No associate in the collective bargaining unit, shall solicit, request, demand, or advertise for any direct or indirect gratuity from any * “Guest” or ** “Customer” anywhere in our facility for any reason (except as stated in this Article 36)  If offered, associates should politely state “Thank you that is not necessary” once. If the Guest or Customer insists the bargaining employee shall gracefully accept the gratuity and thank the guest or customer. (AGREED)

Section 36.06 No person in the collective bargaining unit shall participate in receiving any additional gratuity money except those specifically designated for them under this Article. (AGREED AS OF 9/12/13)

Section 36.07 If a member of the collective bargaining unit receives a cash gratuity directly from a client or guest, it is his/her responsibility to report it as per Internal Revenue Service Guidelines. (AGREED)

J) The Employer retains the right to alter the above for specific circumstances or events based on Customer requests. (AGREED)

* “Guest” is defined as someone in attendance of an event or non-participating in the actual bill or invoice

** “Customer” is defined as the individual responsible for the entire banquet check, NOT an individual attending an event.

Article 37. 401(k)

Section 37.01  Employees may participate in the Pier Sixty 401(k) Plan consistent with the eligibility and other terms of that Plan as per the grant of such to other non-bargaining unit, non-management employees. The Company retains the exclusive and unfettered right to alter the Plan so long as it given twenty one (21) calendar days written notice to the union and the changes are the same for non-bargaining unit, non-management employees, without such alteration being subject to the Grievance and Arbitration Articles of this Agreement only if the changes affect equally all non-bargaining, unit non-management employees.

Article 38. Health / Dental Insurance

The Employer shall provide health and dental plans to the bargaining unit on the same terms and conditions as offered to other Pier 60 employees.  The Employer specifically retains the right to change such plans and their coverage of benefits and any related costs to employees - - including monthly contributions and deductibles or any other cost item  - - so long as it given 21 calendar days written notice to the union and the changes are the same for non-bargaining unit, non-management employees without such alteration being subject to the Grievance and Arbitration Articles of this Agreement.

Article 40.   Sick / Personal Days

Section 40.01  Employees shall accrue and utilize  six (6) sick / personal days as per the grant of such to other non-bargaining unit, non-management employees under its handbook in effect as of September 1, 2012. (AGREED)

Article 41.  Holidays

Section 41.01  Employees shall accrue and utilize seven (7) holidays as per the grant of such to other non-bargaining unit, non-management employees under its handbook in effect as of September 1, 2012. (AGREED)

Article 42.  Life  / Accidental Death and Dismemberment Insurance

Section 42.01  Full time employees shall receive life insurance and accidental death and dismemberment benefits as per the grant of such to other non-bargaining unit, non-management full-time employees. The Company retains the exclusive and unfettered right to alter the Life and ADD Plans so long as it given 21 calendar days written notice to the union and the changes are the same for non-bargaining unit, non-management employees.  without such alteration being subject to the Grievance and Arbitration Articles of this Agreement only if the changes affect equally all the non-bargaining unit. (AGREED)

Article 43.  Jury Duty

Section 43.01   In the event that a full time employee is required to report for possible jury duty or to perform jury duty, the Employer shall pay such employee an amount sufficient to guarantee no loss in wages to the employee on account of such absence from work during the first two (2) weeks of any calendar year. An employee shall promptly notify the Employer after he receives jury notice. All payments to be made by the Employer pursuant to this Article shall be made weekly. (AGREED)

Section 43.02   A part time and on-call employee shall receive the statutory minimum required pay for jury duty service only providing that they were scheduled to work those days.  An employee shall promptly notify the Employer after he receives jury notice. All payments to be made by the Employer pursuant to this Article shall be made weekly. (AGREED)

Article 45.  Uniforms

Section 45.01  Tuxedo Pants -- Pier Sixty supplies 2 pairs of “wash and wear” tuxedo pants per employee, which are replaced as needed due to wear and tear.  All employees are responsible for maintaining the pants. (AGREED)

Section 45.02  Jackets -- Captains will be reimbursed for the cost of 2 tuxedo jackets to a maximum total of $200 per 24-month period and receipts must be presented for reimbursement.  Captains will be paid uniform maintenance fee during weeks that they work as a captain based on the number of hours they work as a Captain.  The Company reserves the right to purchase at no expense to the employee, wash and wear tuxedos for the Captains, at any point during the length of the contract.  Should this occur, the Captains would no longer receive the uniform allowance or maintenance fee.  Servers / coat check attendants will be provided jackets, which Pier Sixty will maintain, and must sign out for them at the beginning of their shift and return them at end of shift. (AGREED)

Section 45.03  Other Uniform Items -- Servers / Coat check attendants are responsible for providing, wearing and maintaining: Plain, black, crew neck T-shirt, black, full length, socks, and black non-slip polished dress shoes (not sneakers).  Captains are responsible for providing, wearing and maintaining:  Black, full length, socks, black non-slip polished dress shoes (not sneakers), black dress shirt and a black tie.  (AGREED)

Section 45.04  The Employer retains the right to change the uniform requirements but provide the same reimbursements or maintenance fees as set forth above if still applicable. (AGREED)

Article 46.  Labor-Management Committee

Section 46.01  The Employer and Union agree to establish  a Labor-Management Committee (“LMC”) to address issues or concerns that lie outside the scope of the Agreement but nonetheless are worthy of discussion. (AGREED)

Section 46.02  The Employer and Union may each select up to 3 persons to sit on the LMC.  All members must be current Pier Sixty employees.  The LMC shall meet 1 time per quarter on a mutually agreeable date and time and the meetings are generally expected to last no more than 90 minutes.  Bargaining unit members will not be paid for their time spent at such meetings or related activities.(AGREED)

Section 46.03  Either party may submit agenda items for discussion via the LMC but such agenda must be submitted in writing (Email constitutes writing) at least ten (10) calendar days prior to the scheduled meeting.  If neither party timely submits an agenda, the meeting for that quarter is deemed canceled. (AGREED)

Section 46.04  The LMC is not a substitute nor may it be used to address issues which should be addressed through the Grievance and Arbitration process.  Moreover, even if an issue is covered at the LMC, this does not constitute a proper or timely filing of the issue for Grievance or Arbitration purposes. (AGREED)

Article 47.  Duration

Section 47.01 This Agreement shall become effective the day after the Employer is notified in writing that the Agreement has been ratified by the Union’s membership and shall remain in full force and effect for __ calendar years thereafter.

Article 49.  Cell Phones

Section 49.01 Employees may use their cell phone in designated areas during their breaks including outside on the aprons surrounding the piers, the break room at Pier Sixty, and the employee locker rooms. Employees may not use their cell phones, smart phones or other camera devices to take pictures while in the locker rooms. (AGREED)

Article 52.  Bereavement Pay

Section 52.01  All full time employees after one (1) year of employment shall be paid bereavement leave in the event of a death of a member of the employee’s immediate family. For the purpose of this Contract, “the immediate family” is defined as the employee’s children, father, mother, a step-father, a step-mother, spouse, brother or sister. (AGREED)

Section 52.02  Bereavement pay shall be paid for the three (3) days immediately following the date an employee becomes aware of the death and only for such days on which an employee was scheduled to work and only for those days the employee takes off from work. The Employer may require the employee to submit proof of death and of relationship to the deceased. (AGREED)

Article 49.  Cell Phones

Section 49.01 Employees may use their cell phone in designated areas during their breaks including outside on the aprons surrounding the piers, the break room at Pier Sixty, and the employee locker rooms. Employees may not use their cell phones, smart phones or other camera devices to take pictures whilein the locker rooms. (AGREED)

Article 54.  Translation

Section 54.01  In meetings involving discipline or disciplinary investigations, an employee who needs language assistance or who cannot fully understand the issues relevant to his/her disciplines may request language assistance and the Employer shall make a good faith effort to provide an individual capable of assisting in the communication. Any reasonable delay in interviewing or effectuating discipline as a result of the need for such shall not affect the timeliness of any grievance or discipline. In all other matters, the Employer shall make a good faith effort to provide appropriate language assistance when an employee needs such assistance or when the employee cannot fully understand what is being said and requests language assistance. The Union will assist the Employer in providing translation assistance to the employee if the Employer is unable to locate translation assistance following good faith efforts. (AGREED)

Article 55. Change of Status/ Immigration

Section 55.01  So long as permitted under applicable law, in the event there are any changes in the employee’s name or social security number provided to the employer by the employee, and notice of those changes originate from the employee (not a government agency or applicable agency),if that the new social security number and name are valid, and provided that the number has been verified by the Employer with the Social Security Administration, and the employee is authorized to work in the United States, then the Company shall retain the employee at issue. (AGREED)

Article 58.  Successors and Assigns

A) No less than thirty (30) days prior to any sale, assignment, transfer, merge, consolidation, change in ownership or change in name (collectively transfer) is made by the Employer, the Union shall be notified by the Employer in writing by certified or registered mail, return receipt requested, and Email which notice shall include the name and address of the transferee and the names of the principals of the transferee, and no less than thirty (30) days prior to any such transfer, the transferee shall be fully informed in writing by the Employer by certified or registered mail, return receipt requested, with a copy thereof to the Union, as to all terms and conditions of this Contract. (AGREED AS OF 9/12/13)

B) The Employer shall make it a material condition of any transfer that the transferee adopt and be bound to this Contract and continue the employment of bargaining unit members without loss of wages, benefits, and seniority or other terms and conditions of employment. (AGREED AS OF 9/12/13)

Article 62.  Union House 

The Employer agrees that employees covered by this Contract shall be permitted to wear a Union jacket or a Union T-shirt during work arrival and departure. (AGREED AS OF 9/12/13)