Exhibit 10.14


 


JOS. A. BANK CLOTHIERS


 


COLLECTIVE BARGAINING


AGREEMENT


 


Baltimore Regional Joint Board


UNITE


 

















 


AGREEMENT dated March 1,
2003 by and between


 


 


Joseph A. Bank Mfg. Co., Inc.
(Hampstead Distribution


 


Center & Hampstead
National Tailoring Service)


 


And


 


Baltimore Regional Joint Board,
UNITE


 

















 


TABLE OR CONTENTS


 


	
   

  	
  Page

  
	
   

  	
   

  
	
  ARTICLE I—Coverage

  	
  1

  
	
   

  	
   

  
	
  ARTICLE II – Union Recognition

  	
  1

  
	
   

  	
   

  
	
  ARTICLE III – Union Security

  	
  2

  
	
   

  	
   

  
	
  ARTICLE IV – Wages

  	
  3

  
	
   

  	
   

  
	
  ARTICLE V – Reporting Pay

  	
  4

  
	
   

  	
   

  
	
  ARTICLE VI – Hours of Work

  	
  4

  
	
   

  	
   

  
	
  ARTICLE VII – Equipment Breakdown Time and
  Working Time

  	
  6

  
	
   

  	
   

  
	
  ARTICLE VIII – Vacations

  	
  6

  
	
   

  	
   

  
	
  ARTICLE IX – Holidays

  	
  15

  
	
   

  	
   

  
	
  ARTICLE X – Bereavement Pay

  	
  17

  
	
   

  	
   

  
	
  ARTICLE XI – Equal Division of Work

  	
  18

  
	
   

  	
   

  
	
  ARTICLE XII – Payment of Wages and Checkoff

  	
  19

  
	
   

  	
   

  
	
  ARTICLE XIII – Insurance

  	
  19

  
	
   

  	
   

  
	
  ARTICLE XIV – Pensions

  	
  20

  
	
   

  	
   

  
	
  ARTICLE XV – Health and Welfare Fund

  	
  20

  
	
   

  	
   

  
	
  ARTICLE XVI – Military Service

  	
  20

  
	
   

  	
   

  
	
  ARTICLE XVII – Discharges and Discipline

  	
  21

  
	
   

  	
   

  
	
  ARTICLE XVIII – Grievance and Arbitration
  Procedure

  	
  21

  
	
   

  	
   

  
	
  ARTICLE XIX – Civil Rights

  	
  23

  
	
   

  	
   

  
	
  ARTICLE XX – Strikes, Stoppages and
  Lockouts

  	
  24

  



 

















 


	
  ARTICLE XXI – Leave of Absence

  	
  25

  
	
   

  	
   

  
	
  ARTICLE XXII – More Favorable Practices

  	
  27

  
	
   

  	
   

  
	
  ARTICLE XXIII – Jury Duty

  	
  27

  
	
   

  	
   

  
	
  ARTICLE XXIV – Technological Change

  	
  28

  
	
   

  	
   

  
	
  ARTICLE XXV – Separability

  	
  30

  
	
   

  	
   

  
	
  ARTICLE XXVI – Voluntary Checkoff for
  Political Contributions

  	
  30

  
	
   

  	
   

  
	
  ARTICLE XXVII – Safety and Health Study
  Committee

  	
  30

  
	
   

  	
   

  
	
  ARTICLE XXVIII – Federal Funds

  	
  31

  
	
   

  	
   

  
	
  ARTICLE XXIX – Sub Program

  	
  31

  
	
   

  	
   

  
	
  ARTICLE XXX – Organizational Hiring

  	
  31

  
	
   

  	
   

  
	
  ARTICLE XXXI – Personal Days Off Without
  Pay

  	
  32

  
	
   

  	
   

  
	
  ARTICLE XXXII – Successors and Assigns

  	
  33

  
	
   

  	
   

  
	
  ARTICLE XXXII – Term of Agreement

  	
  33

  



 

















 


AGREEMENT dated March 1, 2003 by and between Joseph A. Bank Mfg.
Co., Inc. (hereinafter referred to as the “Employer”) and the BALTIMORE
REGIONAL JOINT BOARD, UNITE, an unincorporated association (hereinafter
collectively referred To as the “Union”), for and in behalf of itself and the
employees now employed, or hereafter to be employed by the Employer at its
Hampstead, Maryland, Distribution Center and National Tailoring Service branch.


 


In consideration of the mutual covenants, promises and agreements
herein Contained, the parties hereto agree as follows:


 


ARTICLE I


 


COVERAGE:


 


A.                                    The term “Employees” as used in
this Agreement shall include all Employees of the Employer’s Hampstead,
Maryland, Distribution Center and Hampstead Maryland, National Tailoring
Service branch, except executive, administrative, office Clericals, supervisors
and guards as defined in the National Labor Relations Act. This Collective
bargaining agreement is gender neutral, and wherever the pronouns “he” or “his”
are used in the interests of brevity, they are intended to mean female
employees as well.


 


ARTICLE II


 


UNION RECOGNITION:


 


A.                                    The Employer recognizes the Union
as the exclusive collective bargaining Agent for the employees in the
bargaining unit described above with reference to wages, hours and working
conditions.


 


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B.                                    The Employer shall recognize and
deal with such representatives of the Employees as the Union may elect or
appoint and shall permit such representatives elected or appointed by the Union
to visit its Hampstead Distribution Center and Hampstead NTS at any time during
working hours in accordance with existing rules.


 


C.                                    The Employer agrees to make
available to the Union such payroll and production records as the Union may reasonably
require as the collective bargaining agent and/or contracting party hereunder.


 


ARTICLE III


 


UNION SECURITY:


 


A.                                    In the manner and to the extent
permitted by law, membership in the Union on completion of the trial period of
each employee or on and after the 30th day following execution of
this Agreement, whichever is later, shall be required as a condition of continued
employment of each employee. In the event that the trial period is less than thirty
(30) days, membership in the Union shall not be required until thirty (30) days
after date of employment. All employees who are now members or hereafter become
members of the Union shall, as a condition of continued employment, remain
members in good standing during the term of this Agreement.


 


B.                                    Trial Period:  Hampstead Distribution Center and Hampstead
NTS; All new Experienced employees shall have a trial period of two (2) weeks.
All new inexperienced Employees shall have a trial period of two (2) weeks.
All new inexperienced employees shall have a trial period of ninety (90) days.


 


It is agreed that the Employer shall pay to an employee who has
completed his probationary period indicated in the collective bargaining
agreement at least twenty-five (25) cents an hour above the then existing
Federal or State minimum wage whichever is


 


2

















 


higher. This provision is not to substitute for or supersede higher
straight-time hourly rates and incentive base rates, if any exist.


 


ARTICLE IV


 


WAGES:


 


1.                                      Effective March 1, 2003, the
Employer shall grant a wage increase of $1.00 per hour to all employees in the
bargaining unit.


 


2.                                      Effective March 1, 2004, the
Employer shall grant a wage increase of 50 cents per hour to all employees in
the bargaining unit.


 


3.                                      Effective March 1, 2005, the
Employer shall grant a wage increase of 50 cents per hour to all employees in
the bargaining unit.


 


4.                                      If an employee is temporarily
transferred from one job to another at the Request of the Employer, he shall,
while working on the job to which he has been Transferred, be paid (a) if
an hourly paid employee, his regular hourly straight-time rate to pay
prevailing at the time of the transfer or the hourly straight-time rate of the
job to which he is transferred, whichever shall be higher; or (b) if an
incentive paid employee, his regular straight time hourly incentive rate* or
the hourly straight-time base rate for the job to which he is transferred,
whichever shall be higher.


 


5.                                      For all employees hired on and
after March 1, 2003, the minimum starting rate shall be $9.00 per hour.


 






.* An incentive employee’s regular straight-time hourly incentive rate
is the employee’s average straight-time hourly earnings for the first thirteen
(13) weeks of the calendar year, effective July 4 of each year.


 


3

















 


ARTICLE V


 


REPORTING PAY:


 


Employees who report for work at their regular starting time, or at
such hour Designated by the Employer, shall be paid their regular straight-time
hourly incentive rate, or regular, whichever is applicable, straight-time
hourly rate of pay for all work performed between the hour they report for work
and the hour that they are dismissed, but in no event shall they be paid less
than six (6) hours, or four (4) hours on Saturday. This clause shall
not apply in the event of power failure, fire, or other cause over which The
Employer has no control. In the case of the first five (5) hours of call
in pay, failure Of other employees to report for work shall be considered cause
over which the Employer has no control only if an emergency arises which it
could not foresee and it had taken adequate steps to train and provide relief
workers. Excessive absenteeism shall relieve the Employer of the obligation to
pay the sixth hour of call in pay.


 


ARTICLE VI


 


HOURS OF WORK:


 


1.                                      Regular Work Week:  The regular hours of work for all employees may be
eight (8) hours in any one day, from Monday to Friday inclusive. The time
when work shall begin and end each day shall be agreed upon by the Employer and
the Union.


 


2.                                      Overtime:  Time and one-half shall be paid for all work
outside the regular daily hours. As long as the regular work week shall be from
Monday to Friday inclusive, time and one-half shall be paid for all work
performed on Saturdays and double time for work performed on Sunday
irrespective of the number of hours worked during the week.


 


4

















 


In the event the Employer deems it necessary for business reasons to
institute a multi-shift operation during the regular work week Monday through
Friday, inclusive, it will give the Union no less than thirty (30) days notice
of such intention, and the parties shall meet promptly for the purpose of
negotiating a shift premium(s).


 


3.                                      In the event the Employer deems
it necessary for business reasons to adopt a seven day operation, Saturday and/or
Sunday will become part of a regular five day work week for those
employees scheduled regularly to work either or both of those days and Saturday
and Sunday premium pay will not be applicable to those employees so scheduled.


 


It is further understood, however, that premium pay of time and
one-half for Saturday work and double time for Sunday work, whichever is
appropriate, will continue to be applicable to those employees for whom
Saturday or Sunday work constitutes a sixth or seventh consecutive work day.


 


4.                                      No work shall be performed on a
designated holiday except by mutual agreement of the parties, and, if agreed
upon, at double time. Overtime pay for work on a designated holiday shall be in
addition to holiday pay to which the employee is entitled pursuant to the
provisions hereinafter set forth in HOLIDAYS, Article IX, Sections B1 or B2,
whichever is applicable.


 


5.                                      Notice of Overtime:  The Employer agrees to give reasonable notice
to the Employees and the appropriate union shop committee representative when
overtime is to be worked.


 


5

















 


ARTICLE VII


 


EQUIPMENT BREADDOWN TIME AND WAITING TIME:


 


An employee paid on an incentive basis who is required to wait for work
due to equipment breakdown beyond his control shall be compensated at his
straight-time hourly incentive rate for all such waiting time in excel of
fifteen (15) minutes per day. An employee paid on an incentive basis who is
required to wait for work due to cause beyond his control other than for
equipment breakdown shall be compensated at his straight-time hourly incentive
rate for all such waiting time in excess of thirty (30) minutes per day. However,
in no event will the combined unpaid equipment down time and waiting time
exceed thirty minutes per day. Any employee who finds it necessary to wait for
work shall, on each separate occasion, notify his immediate supervisor both at
the beginning and end of such waiting period. Payment for waiting time shall
cover only such time as follows such notification. The Employer may transfer
such employees to other equipment during equipment down time, in the same
department or to another department if the employee is qualified to perform the
required work, and the employee will be paid his straight-time hourly incentive
rate.


 


ARTICLE VIII


 


VACATIONS:


 


I.                                         Hampstead Distribution Center


 


A.                                    Vacation Period. It is mutually
agreed that there shall be the following vacation periods for the Hampstead
Distribution Center employees entitled to vacation pay as hereinafter provided.


 


6

















 


1.                                      Unless changed by mutual
agreement between the Employer and the Union, the Summer Vacation Period shall
be June 1 through August 31. There shall be no shut down of
Distribution Center operations for the purpose of observing summer vacations. Summer
Vacations shall be scheduled individually with due regard to seniority and
subject to the approval of the Employer based upon business needs.


 


2.                                      The Christmas Vacation Period
shall be between Christmas Day and New Year’s Day of each year.


 


3.                                      Fourth and fifth weeks of
vacation for Hampstead Distribution employees:


 


(a)                                  Any Hampstead Distribution
employee with 20 years but less than 25 years of employment with the Employer
is entitled to a fourth (4th) week of paid vacation.


 


(b)                                  Any Hampstead Distribution
employee with 25 or more year of employment with the Employer is entitled to a
fifth (5th) week of paid vacation.


 


(c)                                  Fourth (4th) and fifth
(5th) weeks of paid vacation shall be taken during the ensuing
twelve (12) month period following the date on which the employee reaches his
or her qualifying anniversary date of employment.


 


(d)                                  The schedule of 4th
and 5th week vacations shall be fixed by mutual agreement with the
Union in accordance with the needs of business. Individual employees may bid
for an available week(s) in order of seniority or such other rational system as
mutually agreed to with the Union. If mutually agreed to with the Union, an
employee may elect to work during the employee’s week(s) of vacation at
straight time in addition


 


7

















 


to vacation pay. The amount of time off and pay shall be the same as
the preceding Winter Vacation.


 


4.                                      In the event that a paid holiday
falls within the employee’s vacation, Hampstead Distribution Center employees
entitled to holiday pay shall be entitled to such holiday pay in addition to
vacation pay hereinafter provided.


 


B.                                    Eligibility and Pay for Hampstead
Distribution Center Employees Employed Prior to October 1, 1985:


 


1.                                      For the Summer Vacation:


 


(a)                                  All employees who have been on
the payroll of the Employer for at least six (6) months prior to the
commencement of the Summer Vacation period and, except as hereinafter provided,
who are on such payroll at the commencement of the Summer Vacation Period are
eligible for a paid vacation.


 


(b)                                  The amount of each employee’s
vacation pay for Summer Vacation shall be determined in the manner set forth in
this subparagraph. If the employee has been on the payroll of the Employer:


 


(i)                                    Six (6) months but less than
nine (9) months, he shall receive one-half of one week’s pay,


 


(ii)                                Nine (9) months but less
than one (1) year, he shall receive three-fourths of one week’s pay,


 


(iii)                            One year or more, he shall receive
two (2) week’s pay.


 


(c)                                  (i)                                    First Week:  One week’s pay shall be forth (40) times the employee’s
regular straight-time hourly incentive rate if an incentive paid employee scheduled
to work forth (40) hours per week, or (40) times the employee’s straight-time


 


8

















 


hourly rate if so compensated. The full amount of the wage increases
scheduled to be paid on March 1, 2004 and March 1, 2005 shall be
included as applicable.


 


(ii)                                Second Week:  An eligible employee who has worked not less than
1000 hours in the 12 months beginning June 1st in the previous
calendar year and ending May 31st in the current vacation year
shall receive for his second week’s vacation pay the same amount as the
employee’s vacation pay for the first week.


 


(d)                                  For those eligible Hampstead
Distribution Center employees regularly scheduled to work less than eight (8) hours
daily, one week’s vacation pay shall consist of their regular straight-time
hourly incentive rate or regular straight-time hourly rate of pay, whichever is
applicable, times the average weekly hours they were scheduled to work during
the twelve (12) months beginning June 1st in the previous
calendar year and ending May 31st in the current vacation year.


 


(e)                                  For those eligible employees who
worked less than 1000 hours during the entire aforesaid twelve (12) months
period, the second week’s vacation pay shall be two and one-half percent (2 1⁄2%)
of the employee’s straight-time earnings for up to forty (40) hours per week in
the twelve (12) months beginning June 1st in the previous calendar
year and ending May 31st in the current vacation year.


 


2.                                      For the Christmas Vacation
Period:


 


(a)                                  All Hampstead Distribution Center
employees who have been on the payroll of the Employer one year or more prior
to December 1st and, except as hereinafter provided, who are on
such payroll at the commencement of the Christmas Vacation Period are eligible
for a paid Christmas vacation.


 


9

















 


(b)                                  The amount of each employee’s
vacation pay for the Christmas Vacation Period shall be determined in the
manner set forth in the following subparagraphs;


 


(i)                                    An employee who has worked not
less than 1000 hours in the entire aforesaid twelve (12) months period, shall
receive 40 times his regular straight time hourly incentive rate or forty (40)
times his straight-time hourly rate, whichever is applicable, adjusted by
three-quarters of the wage increases scheduled to be paid pursuant to Article IV
hereof, as applicable.


 


(ii)                                An employee who worked less than
1000 hours in the entire


 


aforesaid twelve (12) months period shall receive one week’s vacation
for up to forty (40) hours calculated on the basis of two and one-half percent
(2 1⁄2%) of his straight time earnings in the twelve (12) months beginning December 1st
in the previous calendar year and ending November 30th in the
current vacation year.


 


C.                                    Eligibility for Hampstead
Distribution Center Employees Employed After October 1, 1985:


 


Each employee hired by the Employer on or after October 1, 1985
shall receive Vacation pay in accordance with the following requirements:


 


(i)                                    On completion of 1 year of
service, 1 week vacation at the next ensuing regularly scheduled vacation
period (either winter or summer, whichever comes first).


 


(ii)                                On completion of 2 years of
service, 2 weeks of summer vacation except that an employee who first becomes
eligible for two weeks of vacation prior to the


 


10

















 


winter vacation shall receive one week of winter vacation and one week
of summer vacation.


 


(iii)                            On completion of 3 years of
service, 2 weeks of summer vacation and 1 week of winter vacation.


 


II.                                     Hampstead National Tailoring
Service Employees


 


A.                                    Vacation Period


 


It is mutually agreed that there shall be the following vacation
periods for Hampstead National Tailoring Service employees entitled to vacation
pay as hereinafter provided.


 


1.                                      The Summer Vacation Period shall
be July 15 through September 15 of each calendar year.


 


2.                                      The Winter Vacation Period shall
be January 15 through March 15 of each calendar year.


 


3.                                      If mutually agreed to with the
Union, an employee may elect to work during the employee’s vacation week
at his/her straight-time hourly rate in addition to vacation pay. The amount of
time off and pay shall be the same as that to which the employee was entitled
during the immediately preceding vacation period.


 


B.                                    Eligibility and Pay for Hampstead
National Tailoring Service Employees


 


1.                                      Hampstead NTS employees shall be
entitled to receive paid vacations in accordance with the following schedule:


 


	
  Length of Service

  	
   

  	
  Vacation Entitlement

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  a)

  	
   

  	
  One (1) year but less than two (2)

  	
   

  	
  One (1) week’s vacation with pay

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  b)

  	
   

  	
  Two (2) years but less than three (3)

  	
   

  	
  Two (2) weeks’ vacation with pay

  



 


11

















 


	
  c)

  	
   

  	
  Three (3) years but less than twenty (20)

  	
   

  	
  Three (3) weeks vacation with pay

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  d)

  	
   

  	
  Twenty (20) years but less than twenty-five (25)

  	
   

  	
  Four (4) weeks of vacation with pay

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  e)

  	
   

  	
  Twenty-five (25) years or more

  	
   

  	
  Five (5) weeks of vacation with pay

  



 


f)                                        One (1) week’s vacation pay
for eligible employees who worked not less than 1000 hours in the 12 months
preceding their vacation shall consist of forty (40) times the employee’s then
current regular straight-time hourly rate of pay.


 


g)                                     For eligible employees who worked
less than 1000 hours in the twelve (12) month period preceding their vacation,
one (1) week’s vacation pay shall be two and one half percent (2 1⁄2%) of
their straight time earnings in the preceding twelve (12) months.


 


h)                                     Employees entitled to more than
one (1) week’s vacation with pay may schedule up to two (2) weeks
during either of the Winter or Summer vacation periods.


 


i)                                        All scheduled vacations are
subject to approval of the Employer based upon business needs.


 


j)                                        Where a dispute arises between
two (2) or more employees seeking to schedule the same vacation
period, preference shall be determined by order of seniority.


 


III.                                 General Vacation Conditions:


 


1.                                      In the event a paid holiday falls
within an employee’s vacation, if the employee is entitled to holiday pay, he
shall receive such holiday pay in addition to vacation pay.


 


2.                                      An employee otherwise eligible
for a paid vacation shall not be deemed ineligible because of the fact that he
is temporarily laid off or ill at the commencement of the vacation period. The
Arbitrator is expressly empowered to determine, in accordance


 


12

















 


with the arbitration procedure provided in this Agreement, whether an
employee discharged prior to the commencement of a vacation period but otherwise
eligible for a paid vacation, shall be entitled to vacation pay.


 


3.                                      An employee who has been in the employ
of the Employer a sufficient length of time to have earned a paid vacation a
herein set forth but whose employment has been terminated because of
termination of business shall be entitled to vacation pay pro-rated as of the
date of termination of employment.


 


4.                                      Vacation pay as hereinabove
provided shall be paid on the pay day immediately preceding the applicable
vacation period.


 


5.                                      Where an employee has been
permanently and formally scheduled to work less than the regular work week for
his operation the work eligibility and vacation pay for such employee shall be
adjusted pro-rata.


 


6.                                      Retired and Permanently Disabled
Employees:


 


Employees who, during any vacation year, retire or receive Federal Old
Age Social Security Retirement Benefits, or become totally and permanently
disabled so as to become eligible for an subsequently receive disability
insurance benefits pursuant to the Social Security Act, as amended, shall
receive pro-rata vacation pay for any untaken vacation for which they were
eligible. The vacation pay herein provided shall be paid upon presentation to
the Employer of proof of retirement or the Certificate of Award issued by the
Social Security Administration, as appropriate.


 


7.                                      Anything to the contrary
notwithstanding contained in this Article VIII, the Union shall have the
right to present to the Employer the question of vacation pay for the Christmas
vacation period on behalf of a Hampstead Distribution Center Employee who does
not qualify for same because he was employed after December 1st  but


 


13

















 


prior to Christmas Day during the previous calendar year. If agreement
between the Union and the Employer is not reached, the Arbitrator is expressly
empowered to settle said matter.


 


8.                                      For the purpose of Sections I. B
and C and II. A, above, an employee who has completed a probationary period
with a prior employer in contractual relationship with the Union and who has
been unemployed because of layoff or plant closing and is reemployed in the
same local market within one year of loss of employment shall receive credit
for each year of employment with the prior employer.


 


9.                                      Employees entitled to a fourth (4th)
week or fifth (5th) week of vacation may take such weeks one (1) day
at a time subject to:


 


(a)                                  Mutual agreement between the
employee and his supervisor on the vacation day to be taken. The Company’s
agreement will not be unreasonably withheld.


 


(b)                                  Where more than one (1) employee
seeks to take the same vacation day off, the Company shall have the right to
limit the number of employees permitted off in order not to interfere with the
production process.


 


(c )                               Where more than one employee
seeks the same vacation day off and production requirements will not so permit,
the choice shall  be made by seniority.


 


14

















 


ARTICLE IX


 


HOLIDAYS:


 


A.                                    1.                                      All employees shall be entitled
to the following eleven (11) holidays with pay subject to paragraph E:


 


New Years Day;  National
Observance of Martin Luther King, Jr.’s Birthday;


Good Friday; Easter Monday; Memorial Day; Independence Day; Labor Day; Thanksgiving
Day; Friday After Thanksgiving Day; Last Weekday Prior to the Commencement of
Christmas Vacation; Christmas Day.


 


The Employer and the Union may substitute two other holidays for
those listed above, by mutual agreement. In that regard, the Employer and the
Union are mutually agreed that for Hampstead NTS employees, Christmas Eve shall
be substituted for the Last Weekday prior to the commencement of their
Christmas Vacation.


 


Should any of the above holidays fall on Sunday, the day celebrated as
such shall be considered the holiday.


 


2.                                      All such holidays shall be paid
for irrespective of the day of the week on which the holiday falls.


 


3.                                      In the event of back-to-back paid
holidays, if a worker is absent without reasonable excuse, either the day
before or the day after the paid holiday, he shall lose only one holiday’s pay.


 


B.                                    The pay for each holiday shall
be:


 


1.                                      For Hampstead Distribution Center
employees regularly scheduled to work forty (40) or more hours per week, eight
times their regular straight-time hourly incentive rate or regular
straight-time hourly rate of pay, whichever is applicable. For


 


15

















 


those Hampstead Distribution Center employees regularly scheduled to work
less than eight (8) hours daily, their regular straight-time hourly
incentive rate or regular straight time hourly rate of pay, whichever is
applicable, times the daily hours they are regularly scheduled to work.


 


2.                                      For Hampstead NTS employees eight
(8) times the employee’s then current straight-time hourly rate of pay.


 


C.                                    Any employee who, without
reasonable excuse is, absent from work or who does not work all his scheduled
hours on the work day before or the work day after a holiday shall not be
entitled to holiday pay. Reasonable excuse shall be limited to the following:


 


1.                                      Illness of the employee;


 


2.                                      Death in the immediate family of
employee;


 


3.                                      Lack of work for the employee.


 


D.                                    Notwithstanding the provisions of
this Article IX, it is understood that holiday pay shall not be paid any
employees of the Employer’s Hampstead Distribution Center or Hampstead NTS,
whichever is applicable, if such operation is shutdown for five (5) consecutive
weeks as follows:


 


1.                                      The entire two (2) weeks
immediately preceding the week in which such paid holiday occurs; and


 


2.                                      The entire week during which such
paid holiday occurs; and


 


3.                                      The entire two (2) weeks
immediately following the week in which such paid holiday occurs.


 


16

















 


E.                                      Trial Period, Intervening
Holidays:  If a holiday falls within the
initial Trial period, the employee shall receive his holiday pay on the first
full pay period following the successful completion of the trial period. If the
employee does not complete the initial trial period for any reason no holiday
pay is payable. This paragraph shall not apply to employees who have completed
their initial trial period with any employer in contractual relations with the
Union.


 


ARTICLE X


 


BEREAVEMENT PAY:


 


A.                                    An employee who has been on the
payroll of the Employer for six (6) months or more shall be granted
bereavement pay in the event of a death in his immediate family.


 


B.                                    The immediate family is defined
as father, mother, sister, brother, spouse, children, mother-in-law,
daughter-in-law, son-in-law, grandmother, grandfather and grandchildren.


 


C.                                    Bereavement pay shall be paid for
the day before, the day of and the day following the funeral when these days
fall on days the employee would otherwise have worked. In the event that the
death occurs outside the United States and notice thereof does not reach the
employee until after the funeral, bereavement pay shall be paid for the three (3) days
following receipt of notice provided that such days are days on which the employee
would otherwise have worked.


 


D.                                    For each day of bereavement
leave, pay shall be calculated for Hampstead Distribution Center employees
scheduled to work forty (40) hours per week at the rate of eight (8) times
the employee’s regular straight-time hourly incentive rate if an


 


17

















 


incentive paid employee, or eight (8) times the employee’s regular
straight-time hourly rate if paid on that basis. Distribution Center employees
scheduled to work less than eight (8) hours daily shall for each day of
bereavement leave receive their regular straight-time hourly incentive rate or
regular straight-time hourly rate of pay, whichever is applicable, times the
daily hours they are regularly scheduled to work. Hampstead NTS employees shall
receive eight (8) times their regular straight-time hourly rate of pay for
each day of bereavement leave.


 


E.                                      No bereavement pay will be
granted unless the employee notifies the employer and requests leave. At its
discretion, the Employer may require evidence of death and kinship.


 


ARTICLE XI


 


EQUAL DIVISION OF WORK:


 


During any slack season or whenever there is insufficient work, the
available work shall be divided, insofar as is practicable, equally among all
regular employees of the Employer in order that continuity of employment may be
maintained unless the Employer and the Union shall mutually agree upon a
lay-off and the conditions Applicable thereto.


 


It is understood that this clause has been mutually interpreted to
provide for Seniority of the employee as the basis for layoff.


 


18

















 


ARTICLE XII


 


PAYMENT OF WAGES AND CHECKOFF:


 


A.                                    The Employer agrees to pay its
employees on a prescribed day in each week.


 


B.                                    The Employer shall deduct from
the wages of its employees upon written authorization of the employees, union
dues, initiation fees and assessments. The amounts deducted pursuant to such
authorization shall be transmitted at intervals to the properly designated
official of the Union, together with a list of names of the employees from whom
the deductions were made on forms to be provided by the Union. Sums deducted by
the Employer as union dues, initiation fees or assessments shall be kept separate
and apart from general funds of the Employer and shall be deemed trust
funds. The above mentioned monies are to be paid to the Baltimore Regional
Joint Board, UNITE, immediately after it is collected at least once a month.


 


ARTICLE XIII


 


INSURANCE:


 


The Employer will continue the existing Amalgamated Cotton Garment and Allied
Industries Fund (social insurance) program and adopt any adjustments in premium
cost  negotiated between the CMA and
UNITE during their next negotiations that as of their effective date or dates
would fall due during the life of this collective bargaining agreement.


 


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ARTICLE XIV


 


PENSION


 


The monthly benefit under the pension plan shall, effective March 1,
2005, be increased to $9.25 per year for each year of benefit service
subsequent to March 1, 2005.


 


ARTICLE XV


 


HEALTH AND WELFARE FUND:


 


The Employer agrees to contribute sums of money equal to two (2) percent
of its payroll to the Baltimore Regional Joint Board, UNITE, Union Health and
Welfare Fund, to be used to provide health and welfare benefits to the members.
The terms and provisions of Exhibit I attached hereto being specifically
incorporated herein by reference.


 


ARTICLE XVI


 


MILITARY SERVICE:


 


In the event that an employee enlists or is conscripted into the Armed
Forces of the United States of America or is called into service as a member of
the National Guard or Army, Navy, Air Force or Marine Corps Reserves, he shall,
upon discharge from service be reinstated with all his rights and privileges
enjoyed by him at the time he entered service; provided, that he shall request
reinstatement within the period fixed by law and provided that the Employer
shall have the right to discharge any person whom it hired by reason of the
entry into military service of the person to be reinstated.


 


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ARTICLE XVII


 


DISCHARGES AND DISCIPLINE:


 


A.                                    No employee covered by this
Agreement shall be discharged without just cause. The Union shall present all
complaints of discharge without  just
cause to the Employer within seven (7) days after the discharge. If the
complaint cannot be adjusted by mutual consent, it shall be submitted to the
Arbitrator hereinafter designated in this Agreement for determination pursuant
to the procedure provided. The Arbitrator shall issue his decision and award
within seven (7) days from the conclusion of the hearing of the discharge
in dispute. If the Arbitrator finds that the employee was discharged without
just cause, he shall order reinstatement and may require the payment of
back pay in such amount as, in his judgment, the circumstances warrant. This
paragraph shall not apply to an employee during his trial period.


 


B.                                    In the manner and to the extent
permitted by law, it shall not be a violation of this Agreement nor grounds for
discharge, discipline or permanent replacement for employees covered by this
Agreement to refuse voluntarily to cross a lawful picket line.


 


ARTICLE XVIII


 


GRIEVANCE AND ARBITRATION PROCEDURE:


 


A.                                    Any complaint, grievance or
dispute arising under, out of or relating directly or indirectly to the
provisions of this Agreement between the Union or any employees and the
Employer, or the interpretation or performance thereof, shall, in the first
instance be taken up for adjustment by a representative of the Union and a
representative of the Employer. Any and all matters in dispute, including a dispute
concerning the


 


21

















 


interpretation or application of the arbitration provision, which have
not been adjusted pursuant to the procedure therein provided shall be referred
for arbitration and final determination to the Arbitrator herein designated,
and his decision or award shall be final, conclusive and binding on all
parties; and the parties hereby stipulate and consent that the Arbitrator may make
findings, decisions and awards which may be enforced by appropriate
judgment thereon to be entered in a Court of Law or Equity.


 


Any grievance which is submitted 
to arbitration shall be heard by one of the members of a panel of three
arbitrators, shall be Jerome H. Ross, Charles Feigenbaum, and Joseph M.
Sharnoff. These arbitrators shall hear grievances on a rotating basis in order
set forth above, provided that if the arbitrator whose turn it is to hear a
grievance cannot meet the timetable set forth herein, the next available
arbitrator shall hear the case and the rotation shall continue from there. If
none of the arbitrators can hear the case within said timetable, then the
arbitrator who can hear it first will be utilized and the rotation will
continue from there.


 


Hearings shall be held no later than fifteen calendar days after the
arbitrator has received his assignment at a place mutually agreeable to the
Union and the Company. The hearing shall be conducted by the arbitrator in
whatever manner will most expeditiously permit the full presentation of all
evidence and arguments for both parties, provided, however, that the parties
shall have the right to file written briefs with the arbitrator within seven
calendar days following the closing of the hearing record.


 


The award of the arbitrator shall be rendered no later than ten
calendar days from the day the hearing concluded or the briefs are submitted
unless an extension of time is


 


22






 













 


mutually agreed upon by the parties. A lengthy opinion shall not be
requested or required from the arbitrator. Rather, the arbitrator is instructed
to issue an award and a summary statement of no more than five pages which
briefly sets forth the basis for the award. The parties may request the
arbitrator to notify them of his award by telephone after the award has been
mailed.


 


The decision of the arbitrator shall be limited to the matter presented
to him; he shall have no authority to amend, alter or change any provision of
this Agreement. The decision of the arbitrator shall be final and conclusive on
the Company, the Union and the employee(s) involved. The arbitrator’s fees and
expenses shall be borne equally by the Union and the Company.


 


Except as expressly provided otherwise in the Agreement, with respect
to any dispute subject to arbitration or any claim, demand, or act arising
under the Agreement which is subject to arbitration, the procedure established
in this Agreement for the adjustment thereof shall be the exclusive means for
its determination. No proceeding or action in a court of law or equity or
administrative tribunal shall be initiated with respect thereto other than to
compel arbitration or to enforce, modify, or vacate an award. This paragraph
shall constitute a complete defense to or ground for a stay of an action
instituted contrary hereto.


 


ARTICLE XIX


 


CIVIL RIGHTS


 


1.                                      The Employer and the Union shall
not discriminate nor perpetuate the effect of past discrimination, if any,
against any employee or applicants for employment on account of race, color,
religion, creed, sex, or national origin. This clause shall be


 


23

















 


interpreted broadly to be co-extensive with all federal, state or local
anti-discrimination laws and where available, judicial interpretations thereof.


 


2.                                      Representatives of the Employer
and the Union shall meet to review compliance with this provision and to
mutually agree upon such steps as are necessary to achieve compliance. If, upon
failure to so mutually agree, either party invokes the arbitration procedure of
the Agreement to resolve the dispute, the Arbitrator shall fashion his award to
grant any and all relief appropriate to effectuate this Article.


 


ARTICLE XX


 


STRIKES, STOPPAGES AND LOCKOUTS


 


A.                                    This Agreement provides for an
orderly adjustment of differences. strikes, stoppages, and lockouts are
therefore prohibited. If a strike, stoppage or lockout Shall occur then
the parties agree that any remedy sought by either party arising from such act
shall be resolved through the medium of the arbitration machinery and the
aggrieved party shall have the right to demand an immediate hearing on
twenty-four (24) hours notice before the Arbitrator.


 


B.                                    In the event either party fails
to comply with the decision or award of the Arbitrator within ten (10) days
after service of a copy thereof, the other party shall be free to call a
strike, stoppage or lockout as the case may be, unless the failure to
comply is the result of a suit filed by either party in the U.S. District Court
of  Maryland within ten (10) days
from the date of receipt of the Award seeking to set aside or modify the award.


 


24

















 


ARTICLE XXI


 


LEAVE OF ABSENCE:


 


A.                                    Leave of absence shall be granted
an employee upon request if the employee is ill or a member of his immediate
family is seriously ill. Illness shall be certified by a doctor’s certificate. Leave
on account of illness shall include leave of absence in maternity cases. Leave
of absence shall be for an initial period of not more than one (1) month. In
the event of a leave of absence for personal illness including maternity, the
leave of absence may be extended to an additional period of one (1) month
each up to a total of one (1) year unless the employee was employed for
less than six (6) months. In the event of a leave of absence because of
serious illness in the employee’s immediate family, the initial leave and
extension shall not extend for more than three months unless mutually agreed
otherwise. Such employee shall upon return to work from such leave be
reinstated to his previous job. In the case where a job or operation has been
abolished during employee’s absence such provision shall apply to re-employment
as would have applied had such employee been at work at the time the job or
operation was abolished.


 


B.                                    Leaves of absence shall be
granted for justifiable personal reasons. the Employer may limit the
number of leaves for personal reasons granted at any given time to avoid an
unreasonable effect on the Employer’s ability to operate. Such leaves may be
limited to an initial period of two (2) weeks with extensions granted by
mutual agreement.


 


C.                                    An employee who becomes a paid
officer of the Union shall be entitled  to a leave of absence for the term of his
office.


 


25

















 


D.                                    FAMILY AND MEDICAL LEAVE  PURSUANT TO THE FMLA ACT:


 


1.                                      An employee who has been employed
by the Employer for at least twelve (12) months (and who has worked at least
1,250 hours during the twelve (12) months immediately preceding the employee’s
request for leave under the paragraph) shall be entitled to at least twelve
(12) weeks of unpaid Family Leave, within any twelve (12) month period, without
loss of seniority rights for the following reasons:


 


a.                                       For the birth or placement of a
child for adoption or foster


 


care; or


 


b.                                       To care for a spouse, child or
parent with a serious health condition as such terms are defined by the Family
and Medical Leave Act of 1993 (“FMLA”); or


 


c.                                       To take medical leave when the
employee is unable to work because of the employee’s own serious health
condition as defined in the FMLA.


 


2.                                      An employee requesting Family
Leave shall present satisfactory proof of the reason for such leave.


 


3.                                      Family Leave may be taken on
an intermittent basis under 1b) and c) above when there is a medical necessity
for such intermittent leave as provided in the FMLA.


 


4.                                      Leave pursuant to FMLA shall be
coordinated with any other leave of absence provided for in this Agreement. They
shall not be cumulated, and one shall be offset against the other.


 


E.                                      Child Care Facilities:  The Employer and the Union shall establish a local
committee to study the availability of child care facilities.


 


26

















 


ARTICLE XXII


 


MORE FAVORABLE PRACTICES:


 


Any custom or practice existing at the time of the execution of this
Agreement more favorable to the employees than the provisions hereof shall be
continued as heretofore. It is understood that this clause is to be mutually
interpreted to provide that prior contrary 
past practices do not prevail over subsequently negotiated contract provisions.


 


ARTICLE XXIII


 


JURY DUTY:


 


Hampstead Distribution Center employees scheduled to work forty (40)
hours per Week and Hampstead NTS employees called for involuntary trial jury
duty will be paid each day for the period of such jury duty the difference, if
any, between the pay received for such jury duty and their regular straight-time
hourly rate or straight-time hourly incentive rate, whichever is applicable,
for up to eight (8) hours. Hampstead Distribution Center employees
called  to such jury duty who are
scheduled to work less than eight (8) hours daily shall receive for each
day of jury duty the difference, if any, between the pay received for such jury
service and their straight-time hourly rate or straight-time hourly incentive
rate for the daily hours they are regularly scheduled to work. The employee shall
present a receipt for the amount of jury duty pay received. An employee who receives
a notice to serve as a juror must notify the Employer not later than the next work
day.


 


27

















 


ARTICLE XXIV


 


TECHNOLOGICAL CHANGE:


 


The parties hereto anticipate the possibility of technological change
in the equipment of the Employer’s Hampstead Distribution Center and Hampstead
NTS designed to improve productivity and efficiency.


 


The Employer and the Union recognize that such change should not reduce
the wages of the workers affected thereby or result in workers losing
employment provided they are capable of being trained within a reasonable
period of time to operate the new or modified equipment involved.


 


In the interests of improving productivity and efficiency and at the
same time protecting the earning opportunity and job security of the employee
affected by technological change the parties hereto are agreed that:


 


1.                                      The Employer shall give prior
notice to the Union of such change.


 


2.                                      Rates for newly introduced or
changed equipment shall be established by mutual agreement.


 


3.                                      Reasonable training periods for
the new or modified equipment shall be established by mutual agreement.


 


4.                                      During any required training
period, employees employed on the new or modified equipment shall be paid on
the basis of wages earned plus the difference, if any, between the expected
earnings under the newly established rates and their prior earnings.


 


5.                                      Where the new or changed
equipment eliminates the need for an employee or employees or an employee
employed on the new or modified equipment is


 


28

















 


unable after the agreed upon training period to perform the new or
changed job satisfactorily, the employee or employees so affected shall not be
terminated.


 


Instead, if a job or job is available on a substantially equivalent
operation with the opportunity for substantially equivalent earnings, the
employee or employees may be transferred to such job or jobs. When so
transferred, employees will receive a period of re-training equal to the normal
training period for similarly experienced workers during which they will
receive their former average hourly earnings.


 


If there are no jobs available on a substantially equivalent operation
with the opportunity for substantially equivalent earnings to which the
affected employee or employees may transfer, they shall have the option to
(a) accept any other available job and receive the normal training period
on such job during which they will receive their former average hourly earnings
or (b) they can leave the employee of the Employer voluntarily and receive
severance pay in an amount mutually agreed to by the Employer and the Union.


 


A displaced employee who at first elects to take an available job which
does not provide substantially equivalent earning opportunity, at the
completion of the normal training period may at that time elect to accept
severance pay and voluntarily leave the employ of the Employer. In that event
the employee’s severance pay shall be reduced by any makeup pay paid the
employee during his normal training period.


 


In the event an employee elects to accept severance pay, he shall
retain for one year his seniority  and
recall rights to his former job if such an opening becomes available.


 


29

















 


ARTICLE XXV


 


SEPARABILITY:


 


Should any part or provision of this Agreement be rendered or
declared illegal by reasons of any existing or subsequently enacted legislation
or by any decree of a court of competent jurisdiction or by the decision of any
authorized government agency such invalidation of such part or provision
shall not invalidate the remainder thereof. In such event, the parties agree to
negotiate substitute provisions.


 


ARTICLE XXVI


 


VOLUNTARY CHECKOFF FOR POLITICAL CONTRIBUTIONS:


 


In the event that voluntary authorization to deduct voluntary political
Contributions weekly from an individual member’s pay is signed, the Employer
agrees to deduct the said amount and remit the said sum to the Baltimore
Regional Joint Board Political Education Committee. The Union shall reimburse
the Employer for Any expense incurred due to this provision.


 


ARTICLE XXVII


 


SAFETY AND HEALTH STUDY COMMITTEE:


 


A Safety and Health Study Committee composed of an equal number of
Management members and Union members from the bargaining unit shall be
established. It will meet regularly at dates, times, and place to be determined
by management after consultation with the Union. The employees shall be paid
their established hourly straight-time rate of pay by the Employer while
attending such meetings.


 


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ARTICLE XXVIII


 


FEDERAL FUNDS:


 


The Union shall cooperate with the Employer to facilitate the
availability of federal funds for training programs.


 


ARTICLE XXIX


 


SUB PROGRAM:


 


Should the employees agree to purchase additional insurance coverage
provided by the Amalgamated Life Insurance Company, The Employer shall check off
the employees’ cost of the program, upon presentation of proper authorization, and
pay the same over to the Amalgamated Life Insurance Company as required by the
contract between the employees and the Amalgamated Life Insurance Company.


 


ARTICLE XXX


 


ORGANIZATIONAL HIRING:


 


The Employer agrees that it will hire employees who have been
discharged from other employers during an organizing campaign conducted by the
Union. The Employer is not required by this Section to hire an employee
who is not qualified to perform the job that is being applied for. The
Employer is not required to employ such applicants if it does not have jobs
available. Any employee hired under this Section is subject to the Employer’s
regular probationary period for new employees.


 


The Employer is not required to unlawfully give preference to employees
applying under this section.


 


31

















 


The Union will hold the Employer harmless for any liability, included
but not limited to attorney’s fees imposed by enforcement of this clause.


 


ARTICLE XXXI


 


PERSONAL DAYS OFF WITHOUT PAY


 


In the administration of the Employer’s Absence and Lateness Policy,
the parties Are agreed that:


 


1)                                     Starting from March 2, 2003,
employees who have a perfect attendance record for six (6) consecutive
months under the criteria set forth in the Attendance and Lateness Policy will
be entitled to one (1) personal day off without pay to be taken within the
next consecutive six (6) months.


 


Example:   Those employees who have perfect attendance
records measured by the six (6) consecutive months ending August 31,
2003 Will thereafter be entitled to one (1) personal day off without pay
to Be taken within the next consecutive six (6) months, without that time off
being counted as an occurrence.


 


2)                                     Personal days off shall be
scheduled by mutual agreement between the employee so entitled and his/her
immediate supervisor. The Employer’s agreement shall not be unreasonably
withheld.


 


3)                                     The Employer shall have the right
to limit the number of employees who chose to take the same day as a personal
day off when granting such requests


 


32

















 


would interfere with production needs. In the event that only a certain
number of employees may be permitted to take the same personal day off,
the choice shall be decided by seniority.


 


4)                                     Personal days off may not be
cumulated and no more than two (2) personal days off may be taken in
any one contract year.


 


ARTICLE XXXII


 


SUCCESSORS AND ASSIGNS


 


This Agreement shall be binding upon the parties hereto and thereafter
upon any successor, purchaser, transferee, lessee or assignee of the Employer’s
Hampstead Distribution Center and/or Hampstead National Tailoring Service. The
Employer shall Give notice in writing of the existence of this Agreement to any
successor, purchaser, transferee, lessee or assignee with a copy to the Union
no later than the effective date of such purchase, sale, transfer, lessee or
assignment.


 


ARTICLE XXXIII


 


TERM OF AGREEMENT:


 


This Agreement shall be effective upon the date hereof and shall remain
in full force and effect until midnight February 28, 2006. It shall be
automatically renewed from year to year thereafter unless on or before December 31,
2005, or December 31, of any year thereafter, notice in writing by
certified mail is given by either the Employer or the Union to the other of its
desire to propose changes in this Agreement or of intention to terminate the
same, in either of which events this Agreement shall terminate upon the ensuing
February 28 (or 29 in a Leap Year).


 


33

















 


IN WITNESS WHEREOF, the parties hereto have caused their signatures to
be affixed effective the day and year hereinabove first written.


 


	
   

  	
  JOSEPH A BANK MFG. CO.

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  BALTIMORE REGIONAL JOINT BOARD UNITE

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  Co-Manager

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  Co-Manager

  	
   

  



 


34

















 


EXHIBIT 1


 


SUPPLEMENTAL AGREEMENT dated as of March 1, 2003 by and between JOSEPH
A. BANK MFG., CO. (hereinafter called the “Employer”) and the BALTIMORE
REGIONAL JOINT BOARD, UNITE (hereinafter called the “Union”).


 


WITNESSETH:


 


The Employer and the Union have executed a Collective Bargaining Agreement
wherein the Employer agreed to contribute 2% of its gross payroll to a fund to
be used to provide medical benefits to employees, subject to such conditions as
the Trustees may determine with reference to length of service in the
clothing industry and length of payment by the Employer of contributions to the
Fund. The Trustees shall have the right at any time and from time to time
modify, change, amend or terminate to any extent any or all of the terms or
provisions of such plan and to make rules and regulations to carry out the
provisions hereof.


 


This SUPPLEMENTAL AGREEMENT, EXHIBIT I, is hereby made a part of
the Collective Bargaining Agreement and shall run concurrent to the date of its
expiration.


 


 


	
   

  	
  JOSEPH A. BANK MFG. CO.

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  BALTIMORE REGIONAL JOINT

  	
   

  
	
   

  	
  BOARD, UNITE

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  Joan Davis, Co-Manager

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  Carmine D’Alessandro, Co-Manager

  	
   

  



 


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