Exhibit 10.23


AGREEMENT


BETWEEN:


DUANE READE INC.


—and—


ALLIED TRADES COUNCIL
DIVISION OF LOCAL 338 RWDSU/UFCW


*        *        *


April 1, 2006 - March 31,
2009


















	
  ARTICLE
  1. RECOGNITION AND UNION SECURITY

  	
   

  	
  1

  	
   

  
	
  ARTICLE
  2. COLLECTIVE BARGAINING UNIT

  	
   

  	
  1

  	
   

  
	
  ARTICLE 3.
  TRIAL PERIOD

  	
   

  	
  1

  	
   

  
	
  ARTICLE 4. SENIORITY

  	
   

  	
  2

  	
   

  
	
  ARTICLE 5.
  HOURS OF WORK

  	
   

  	
  2

  	
   

  
	
  ARTICLE 6.
  HOLIDAY

  	
   

  	
  3

  	
   

  
	
  ARTICLE
  7. LAYOFF AND DISCHARGE

  	
   

  	
  3

  	
   

  
	
  ARTICLE
  8. VACATIONS

  	
   

  	
  3

  	
   

  
	
  ARTICLE
  9. FAIR TREATMENT AND RESPECT

  	
   

  	
  4

  	
   

  
	
  ARTICLE 10.
  CHECKOFF

  	
   

  	
  4

  	
   

  
	
  ARTICLE
  11. MANAGEMENT PREROGATIVE

  	
   

  	
  5

  	
   

  
	
  ARTICLE
  12. WAIVER AND MODIFICATIONS

  	
   

  	
  5

  	
   

  
	
  ARTICLE
  13. STRIKES AND LOCKOUTS

  	
   

  	
  5

  	
   

  
	
  ARTICLE
  14. GRIEVANCES AND ARBITRATION

  	
   

  	
  5

  	
   

  
	
  ARTICLE
  15. BEREAVEMENT LEAVE

  	
   

  	
  6

  	
   

  
	
  ARTICLE 16.
  SICK LEAVE

  	
   

  	
  6

  	
   

  
	
  ARTICLE
  17. ALLIED WELFARE FUND AND UNION MUTUAL FUND

  	
   

  	
  6

  	
   

  
	
  ARTICLE 18.
  NOTICES

  	
   

  	
  7

  	
   

  
	
  ARTICLE
  19. UNION VISITATION

  	
   

  	
  7

  	
   

  
	
  ARTICLE 20.
  INVALIDATION

  	
   

  	
  8

  	
   

  
	
  ARTICLE 21.
  SUCCESSORS

  	
   

  	
  8

  	
   

  
	
  ARTICLE
  22. TERM OF AGREEMENT

  	
   

  	
  8

  	
   

  
	
  ARTICLE
  23. COMPLETE AGREEMENT

  	
   

  	
  8

  	
   

  
	
  ARTICLE 24.
  WAGE SCHEDULE

  	
   

  	
  8

  	
   

  
	
  ARTICLE
  25. MISCELLANEOUS

  	
   

  	
  9

  	
   

  
	
  ARTICLE
  26. HEALTH & SAFETY ISSUES

  	
   

  	
  9

  	
   

  
	
  ARTICLE 27.
  JURY DUTY

  	
   

  	
  9

  	
   

  
	
  ARTICLE
  28. NEWLY ACQUIRED OR OPENED STORES

  	
   

  	
  9

  	
   

  
	
  ARTICLE 29.
  SHOP STEWARDS

  	
   

  	
  10

  	
   

  
	
  ARTICLE
  30. NO DISCRIMINATION

  	
   

  	
  10

  	
   

  






 
















AGREEMENT made and entered
into April 1, 2006 by and between DUANE READE, INC., 440 9th Avenue, New York,
(hereafter called the “Employer”), and Allied Trades Council division of Local 338 RWDSU/UFCW,
31 West 15th Street, New York, New York 10011 (hereafter
called the “Union”).


WITNESSETH:


WHEREAS, the parties hereto desire to cooperate in
establishing and maintaining proper and suitable conditions, and to secure
uniform and equitable terms of employment and conditions of labor satisfactory
to Employer and employees;


NOW, THEREFORE, in
consideration of the mutual covenants and agreement hereinafter contained, it
is mutually agreed as follows:


ARTICLE 1. RECOGNITION AND
UNION SECURITY


A.    The
Employer recognizes the Union as the sole and exclusive bargaining agent for
all clerks, cashiers, pharmacy clerks, pharmacy technicians, and photo
technicians employed in the Employer’s stores.


B.     It shall be a condition of employment that all employees of the
Employer covered by this Agreement, who are members of the Union in good
standing on the effective date of this Agreement shall remain members in good
standing, and those who are not members on the effective date of this Agreement
shall on the 45th day following the effective date of this
Agreement, or after the execution date of the Agreement, whichever is later,
become and remain members in good standing in the Union. It shall also be a
condition of employment that all employees covered by this Agreement and hired
on or after its effective date shall on the 45th day following the beginning of such employment
become and remain members in good standing in the Union.


ARTICLE 2. COLLECTIVE
BARGAINING UNIT


A.    The
collective bargaining unit covered by this Agreement shall consist of all
Covered employees employed in the Employer’s Stores who are employed for twenty
(20) hours or more per week, excluding store managers, assistant store
managers, pharmacists, clericals, individuals supplied by contractors, guards
and supervisory employees as may be defined in the National labor Relations
Act, as amended.


B.     Seasonal
employees hired temporarily or supplied by a contractor for the Christmas
season no earlier than December 15th and terminated no later than the next January 5th in any year shall also be excluded from the
coverage of this Agreement.


C.     The Employer agrees to layoff sub part-time employees in a store
(those who work less than 20 hours per week) before reducing the hours of
bargaining unit employees in the same store. The preceding sentence only
applies to situations when the Employer chooses to reduce the hours of a
bargaining unit employee by three (3) or more hours per week.


ARTICLE 3. TRIAL PERIOD


A.    A trial period of sixty (60) days shall be in effect for all new
employees hired by the Employer, during which period the employee may be
discharged with or without cause in the sole determination of the Employer, and
such determination shall not be subject to the arbitration provision
hereinafter set forth. The trial period for any new employee will be extended
an additional sixty (60) days upon the Employer’s written request therefore.
Employees retained in the employ of the Employer subsequent to the expiration
of such trial period shall be deemed regular employees and placed on a
seniority list of the employees of the Employer, such seniority to date back to
the beginning of their employment.



 1
 








ARTICLE 4.
SENIORITY


A.    Seniority
for entitlement purposes (such as vacation and benefit eligibility) shall be
measured from date of hire by the Employer.


B.     Seniority
for relative purposes (such as for layoff and recall) shall be recognized on a
store by store basis. In no case shall seniority in one store be counted as
seniority in another store.


C.     Seniority
on a single store basis shall govern in all layoffs and rehirings provided the
most senior employee has the present ability to satisfactorily perform the
available work.


D.    An employee
shall lose seniority in the event of the occurrence of any one of the following
events.


1.                 Quit


2.                 Discharge for
cause


3.                 After layoff the
employee is notified in writing to return to work and the employee fails to
inform the Employer of his intention to so return within 48 hours after receipt
of such notice.


4.                 The employee is
on continuous layoff more than for six (6) months.


5.                 No show-no call. by failing to
inform management of absences at least one hour before shift begins, except in
emergencies. Informing management means speaking to the Store Manager or the
Shift management, not another employee.


E.              Employees
will be covered without a waiting period, for medical benefits only, in a
company acquired store, providing said employee was covered by a previous
medical plan at the time of acquisition.


ARTICLE 5. HOURS OF WORK


A.    The regular
work week for all full-time employees shall not exceed forty (40) hours per
week for any five (5) days out of a seven (7) day week in any store
regularly opened seven (7) days per week. A full-time employee is defined
as an employee who averages a minimum of thirty (30) hours per week over a
quarter.


B.     Overtime
shall be paid at the rate of time and one-half for all work over forty (40)
hours per week.


C.     Part-time
employees shall receive payment for vacations and holiday pay on a pro-rata
basis of a forty (40) hour work week.


D.    All
full-time employees based on seniority shall have the ability to request all
available hours in their home stores, in order to maintain their full-time
status. Employees cannot claim hours that they are already working in another
store. It is understood that the employer will accommodate transfers, when the
business allows, in stores under the jurisdiction of the Union. The Employer
shall not involuntarily transfer an employee to a store outside this bargaining
unit except as needed on a temporary basis.


E.     The
Company shall make every reasonable commercial effort to maintain an employee
ratio of 65% full time and 35% part time employees in all stores represented by
the Union.


F.     The
Employer will provide a 10-minute paid break for each four-hour block of
work time. The Employer will allow a one half hour unpaid meal break for each
six hour block of work time.


G.    Considering the needs of the business and the requirement that
stores be staffed properly, work schedules shall be posted as far in advance as
reasonably practicable before implementation.



 2
 








ARTICLE 6. HOLIDAY


A.    Each
employee who has completed six (6) months of service, excluding absences,
shall be paid for the holidays listed in Paragraph B below regardless of
whether the employee works on the holiday.


B.     The holidays to which the employee shall be entitled hereunder
shall be:


	
  Washington’s Birthday

  	
  Thanksgiving Day

  
	
  Memorial Day

  	
  Christmas Day

  
	
  Fourth of July

  	
  New Years Day

  
	
  Labor Day

  	
  Personal Days (as below)

  



 


Employees will also be entitled to three (3) personal
days each year. Personal days must be approved by the Store Manager, in
advance, by giving forty eight (48) hours notice to the Store Manager in order
to be paid. There will be no carry over of personal days. Eligible days not
taken will be forfeited. Employees are not entitled to pay for unused personal
days upon separation of employment.


C.     Should any
of the aforementioned holidays to which an employee is entitled, fall on his
day off or during his vacation, such employee shall, in addition to his regular
pay, be paid for such holiday. Should any employee be called in to work on any
holiday to which he is entitled, he shall receive holiday pay and straight-time
pay for all hours worked on the holiday. Exclusive of holiday pay, if eligible,
employees will only receive overtime pay if they actually work over forty (40)
hours in a Holiday week.


D.    To be
eligible for holiday pay, employees must work their scheduled day before and
the scheduled day after a paid holiday.


E.     Part-time employees shall be entitled to holidays (including
personal days) with pay on the same basis as herein above set forth but
pro-rated in the proportion that their work hours bear to the full work week in
the category in which employed based on average hours worked for the preceding
quarter.


ARTICLE 7. LAYOFF AND
DISCHARGE


A.    The
Employer shall have the right to determine the number of employees from time to
time required in the operation of its business and to determine the necessity
for or extent of layoffs. The Employer will provide seven (7) days notice
to the Union of layoffs resulting from a store closing.


B.     Employees, after the expiration of their trial period, may be
discharged only for cause which includes but is not limited to reasons outlined
in the company’s Rules of Conduct and Orientation booklet. In the event of
any dispute as to the existence of cause for discharge, such dispute shall be
determined in accordance with the grievance and arbitration provisions
hereinafter contained. Unless the Employer receives a written claim of wrongful
discharge within two (2) weeks of date of discharge, discharge shall be
deemed to be for good cause.


ARTICLE 8. VACATIONS AND
VACATION FRINGE BENEFIT FUND


A.    It is
acknowledged prior agreements required the Employer to contribute to the
Vacation Fringe Benefit Fund (Vacation Fund). The Vacation Fund paid eligible
employees their vacation benefits out of the funds contributed by the Employer.
Since on or about July 1, 2001, the Employer has been paying the vacation
benefit to eligible employees directly. It is agreed and understood that since July 1,
2001, no obligation to contribute to the Vacation Fringe Benefit Fund existed.
The vacation benefit will continue to be paid by the Employer to eligible
employees directly as those requirements are set forth in this article.


B.     A blackout
period will exist from November 1st each year until December 31st of
each year where no vacation will be allowed. An employee will never be paid for
vacation in lieu of time off. Employees 



 3
 








who qualify for vacation
during the blackout period, November 1st through December 31st, shall be eligible to take their
vacation after January 1st of the next calendar year.


C.     All full-time employees shall be eligible for vacation pay as
follows:


1.                 Upon completing
six (6) months employment—one (1) week


2.                 Upon completing
one (1) year employment—two (2) weeks


3.                 Upon completing
seven (7) years employment—three (3) weeks


4.                 Upon completing
fifteen (15) years employment—four (4) weeks


5.                 Upon completing
twenty (20) years employment—five (5) weeks


Part-time
employees shall be entitled to vacation on the same basis as set forth herein,
but pro-rated in the proportion that their work hours bear to the full
work-week based on average hours worked for the preceding quarter.


ARTICLE 9. FAIR TREATMENT
AND RESPECT


A.    The
Employer agrees that each employee should be treated with respect and dignity.
The Employer will not tolerate verbal abuse or threats by managers. Corrective
discussions should not be administered in the store selling areas or in front
of other bargaining unit employees. The Union member may request the presence
of the Union Steward or other witness at any disciplinary meeting. Discipline
shall be administered in a professional, adult and non-confrontational manner.


B.     All written complaints regarding this section shall be addressed
within ten (10) calendar days of receipt in the Company’s Human Resource
department. Upon request, the Union will be provided a written summary of all
actions resulting from such complaints.


ARTICLE 10. CHECKOFF


A.    During the
second week of each and every month the Employer agrees to deduct and remit to
the Union the Union’s regular membership dues and initiation fees, upon
condition that the Union shall furnish the Employer with a lawful checkoff
authorization form executed by the employee.


B.     The
Employer will notify the Union of any revocation of such authorization received
by it.


C.     This
authorization shall automatically renew itself unless written authorization for
revocation is submitted as above directed.


D.    Any monies
deducted, except monies deducted in error, from the employees are to remain the
property of the Union, and in no event shall the Employer be permitted to use
said monies for any other purpose, but as stipulated above.


E.     All monies
deducted in accordance with the provisions of this section shall be promptly
remitted to the Union or its office with a list of all workers and the amounts
of money deducted from each.


F.     The Employer agrees to deduct from the wage of its employees who
are members and who voluntarily authorize such contributions on forms
designated for that purpose, contributions to the Local 338 PAC, campaign
committee. The amounts deducted pursuant to the voluntary authorization shall
be sent to the treasurer of the Local 338 PAC on monthly intervals. These
transmittals shall be accompanied by a list of contributions made by those
employees for whom such deductions have been made.



 4
 








ARTICLE
11. MANAGEMENT PREROGATIVE


A.    Any and all
rights and prerogatives of the Employer in the operation and management of its
business and the direction of its employees, including the making of work rules in
connection therewith, shall be and remain vested in the Employer, except as
modified by this Agreement. The Employer will notify the Union of changes in
work rules prior to implementation. The Union has the right to challenge
any unreasonable changes in work rules.


B.     Except as limited by this agreement, the management of the
business and the direction of working forces is vested exclusively in the
Employer, and all employees shall perform any duties to which they may be
assigned in the performance of their duties.


ARTICLE
12. WAIVER AND MODIFICATIONS


A.    The failure
of either party to enforce any term, condition, covenant, rule or
regulation contained herein, shall not be deemed to be a waiver of these terms,
conditions, covenants, rules or regulations, nor shall either party be
stopped from demanding performance of those terms, conditions, covenants, rules or
regulations.


B.     The Employer and Union cannot modify or waive any of the
provisions of this Agreement without the express written consent of the parties
hereto.


ARTICLE 13. STRIKES AND
LOCKOUTS


A.    There shall be no strike, picketing, slowdown, or work stoppage by
the Union or its members, or a refusal by any employee to cross a picket line
in sympathy with the sponsors of such picket line, and there shall be no
lockout by the Employer of any kind whatsoever, during the life of this
Agreement.


ARTICLE 14. GRIEVANCES AND
ARBITRATION


A.    Any
disputes between the Union and the Employer arising out of or under this
Agreement shall be first taken up for amicable adjustment between the
disputants.


B.     If the
parties to any such dispute shall be unable to adjust such dispute, then such
dispute shall be referred to arbitration. All complaints, disputes or
grievances of whatsoever kind or nature arising between the Union and the
Employer concerning any provision of this Agreement, shall be submitted for
arbitration to an arbitrator designated by mutual agreement of the parties. If
within ten (10) days the parties fail to reach agreement on the
designation of an arbitrator the matter shall be submitted to the next
arbitrator on the below list:  (1) Marty
Scheinman, (2) Elliot Schriftman, (3) Roger Maher and (4) Eugene
Coughlin. The arbitration shall be brought on by written notice sent by the
party requesting the same addressed to the other party at the address set forth
in this Agreement. Said notice shall not be required to set forth the issues
but should state that a grievance or dispute exists between the parties. The
arbitrator shall upon such notice as he shall give to the parties, (which
notice shall be deemed good and sufficient notice), proceed to a hearing at the
time and place fixed by him. If either party fails or refuses or neglects to
appear, then the arbitrator shall hear the evidence of the party appearing and
render his decision as if both parties had appeared. The decision of the
arbitrator shall be final and binding on the Employer, the Union and the
employee(s). In making his decision, the arbitrator shall not have the right to
add to, subtract from, alter, amend or modify any provision of this Agreement The parties consent that any papers, notices, process,
including subpoenas, necessary or appropriate to institute or continue an
arbitration, or to enforce, confirm or vacate an award, shall be deemed duly
and sufficiently served if served by ordinary mail directed to the party’s
address as set forth in this Agreement, or to the party’s attorney. The
arbitrator is empowered to include in his award mandatory and injunctive relief
and to assess damages. The expenses of arbitration hereunder shall be borne
equally by the parties hereto.



 5
 








C.     Time shall
be of the essence in any arbitration proceeding and both parties to the dispute
shall exert their best efforts in obtaining a speedy determination. Grievances
regarding discipline/discharge disputes must be filed within fifteen (15) days
after the event grieved. A subsequent demand for arbitration regarding the
discipline/discharge dispute must be filed within forty-five (45) days after
the event grieved or within ten (10) days after a final decision by the
Employer to deny the grievance, whichever is sooner. Grievances regarding
non-discipline/discharge disputes must be filed within forty-five (45) days
after the event grieved or the date when the Union reasonably should have known
of the event grieved, whichever is later. A subsequent demand for arbitration
regarding the non-discipline/discharge dispute must be filed within forty-five
(45) days after the grievances is filed. Failure to meet these time limits is a
waiver of the dispute.


D.    Any claim
for unpaid compensation to which an employee may be entitled under the
provisions of this Agreement shall be deemed waived unless such claim is made
within six (6) months from the date when such unpaid compensation may have
become due and payable. Any such claim, made more than six (6) months
after it was allegedly due and payable, shall not be subject to the grievance
and arbitration provisions of this Agreement.


E.     The grievance and arbitration procedure set forth above shall be
the sole and exclusive means for the determination of all disputes, complaints,
controversies, claims or grievances whatsoever, including unfair labor
practices, claims of discrimination or other alleged breaches of this Agreement. Neither party shall
institute any action, charge or proceeding in a court of law or equity or
before an administrative agency, state or federal other than to compel
arbitration as provided in this Agreement, or with respect to the Award of an
arbitrator. This provision shall be a complete defense to and also grounds for
a stay of any action or proceeding instituted to the contrary.


ARTICLE 15. BEREAVEMENT
LEAVE


A.    All covered employees who have been employed six (6) months
or more by the Employer shall receive a maximum of three (3) days
bereavement leave in the event of the death of a father, mother, sister,
brother, child, spouse, or legal guardian. Bereavement leave shall be counted
starting with the day after death, and the employee shall be paid for any day
he is regularly scheduled to work during such three (3) days of leave. One
additional paid day will be granted for deaths that require travel outside of
the tri-state area. Employees will be entitled to one (1) day bereavement
leave for the death of a grandparent or grandchild. The Company reserves the
right to require proof of death.


ARTICLE 16. SICK LEAVE


A.    Full-time
employees who have worked at least six (6) months, excluding absences,
shall be entitled to receive five (5) days sick leave with pay each
contract year. Sick leave shall not be cumulative, and unused sick leave days
will be paid at the end of the contract year.


B.     An employee who claims sick leave pay for taking time off when
such employee was not ill shall be subject to discharge for good cause. The
Company reserves the right to verify all absences of more than one day due to
sickness before payment.


ARTICLE 17. ALLIED WELFARE
FUND AND UNION MUTUAL FUND


A.    Contributions
on behalf of all full and part-time employees shall commence to the Allied
Welfare Fund with the first calendar month following 210 days of the date of
initial employment. Contributions to the Union Mutual Fund shall commence for
all full-time employees the first day following 90 days of initial employment.
For contributions to the Allied Welfare Fund, if an employee is hired on or
before the 15th of a month, the employee shall be deemed to
have been hired for the entire month, and if the employee is hired after the 15th of the month, the employee shall be deemed to
have been hired as of the 1st of the 



 6
 








following month. Duane
Reade shall make contributions to the Union Mutual Fund at the rate of
twenty-five cents per hour for each compensated hour for all full-time
employees who complete ninety (90) days of employment.


B.     Payments
during non-working periods. In the event any regular employee shall not be
working due to illness or disability, the Employer shall continue to make
payments hereunder to the Allied Welfare Fund for each such employee, but not
for more than 13 weeks of illness or disability during any contract year of
this Agreement.


C.     The Trust
Agreements governing the Allied Welfare Fund and the Union Mutual Fund as
amended from time to time are hereby incorporated and made part of this
Agreement with the same force and effect as if fully set forth herein and the
Employer and the Union agree that upon the execution of this Agreement, they
shall be deemed parties to the said Trust Agreements.


D.    Books and
records. The Union and said respective Funds shall have the right at all times
to examine the Employer’s books and records for the purpose of determining
whether the Employer is complying with the provisions of this Agreement.


E.     Disability
Benefit Law. The Employer shall, during the term of this Agreement, at its sole
expense and without deduction from its employees, fully cover its employees
under the New York and New Jersey State Disability Benefits Law.


F.     Date of
payments.   All payments due from the Employer to the Allied Welfare Fund
and Union Mutual Fund must be paid on or before the 20th day of each and every month covering the
amounts payable hereunder for the preceding months. All payment shall be
without any deductions from the employees.


G.    All full-time employees, following the completion of two hundred
and ten (210) days of employment will be eligible to participate in the Duane
Reade Prescription Program. The employees will not be required to make
contributions to participate in the Duane Reade Prescription Program. Duane
Reade shall continue the existing Duane Reade Prescription Program for the
duration of this Agreement, however, effective January 1, 2007, the
Company has the right to change the co-pays provided it is done on a
company-wide basis. Such changes may only be made once a year.


ARTICLE 18. NOTICES


A.    All notices required to be made hereunder must be made in
writing, by certified or registered mail or other means showing proof of
delivery, and sent by each party hereto to the other to the addresses
respectively set forth herein above, unless similarly notified in writing of a
change in address.


ARTICLE 19. UNION
VISITATION


A.    Representatives
of the Union shall be permitted to visit the stores of the Employer for a
reasonable period of time for the purpose of meeting with the employees and for
the purpose of observing whether or not the terms and conditions of this
Agreement are carried out. Union representatives agree to make their presence
known to the Store Manager or Assistant Store Manager before speaking with
employees or within a reasonable period of time upon arriving at the store.
Such visits shall not interfere with the normal operations of the store.


B.     The Union shall represent the employees of the Employer and the
Employer shall deal with the Union or its duly accredited representative with
respect to any matter affecting same.



 7















ARTICLE 20. INVALIDATION


A.    Should any section, or portion thereof, of this Agreement beheld
unlawful and unenforceable by any tribunal of competent jurisdiction, such
decision shall apply only to the specified section or portion thereof directly
specified in the decision and not affect the validity or enforceability of the
remainder of this Agreement, including but not limited to Article 13.


ARTICLE 21. SUCCESSORS


A.    This contract shall inure to the benefit of and be binding upon
the parties hereto, their successors and assigns.


ARTICLE 22. TERM OF
AGREEMENT


A.    This Agreement shall be in full force and effect from April 1,
2006 through and including March 31, 2009 and shall thereafter be
automatically renewed for one (1) year unless and until either party shall
give the other a written notice at least two (2) months prior to the
expiration of the Agreement of its intention to terminate the Agreement.


ARTICLE 23. COMPLETE
AGREEMENT


A.    It is agreed that this Agreement is a complete agreement and
covers all subjects and matters negotiable between the parties. It may not be
changed orally, and may be amended only by a writing signed by the parties
hereto.


ARTICLE
24. WAGE SCHEDULE


A.    Minimum
start rate: Minimum Wage:


Newly hired employees shall receive an increase of 25
cents per hour after sixty (60) days of employment.


Employees shall receive a wage increase of 10 cents
per hour commencing on such employee’s first anniversary date of employment.


B.     Employees
who have passed their Trial Period as provided herein shall be paid no less
than 25 cents per hour over any future legal minimum wage.


C.     General
Wage Increase:


All employees on the payroll on the effective dates
set forth below and who have passed their Trial Period as provided for herein
shall receive the following increases in their then present hourly wage:


Effective April 1, 2006—Twenty-five cents ($0.25)
per hour


Effective April 1, 2007—Thirty-five cents ($0.35)
per hour


Effective April 1, 2008—Thirty cents ($0.30) per
hour


D.    All
employees scheduled to work from midnight to 8:00 a.m. shall receive an
additional $1.50 per hour.


E.     Upon ratification of this Agreement, a bonus will be paid to all
employees with six (6) months or more of service on April 1, 2006.
The bonus for each eligible employee will be calculated by multiplying
twenty-five cents times all compensated hours paid to that employee during the
period from April 1, 2005 to March 31, 2006.



 8
 








ARTICLE 25. MISCELLANEOUS


A.    Where
physically possible, the Employer will provide a bulletin board for Company and
Union business in an employee gathering area (i.e. lounge, break room etc.) and
will provide space for Union literature.


B.     The
Employer agrees to permit a fifteen (15) minute Union orientation at the start
of employment for all new hires in stores represented by the Union conducted by
the store Union representative. The Employer shall include a union membership,
dues check off and voluntary political action committee contribution cards in
its new hire orientation materials.


C.     Employer
shall adjust the work schedule of a designated Union representative to enable
him or her to attend Union meetings once each quarter.


D.    All employees may elect to receive eligible pay through direct
deposit.


ARTICLE
26. HEALTH & SAFETY ISSUES


A.    The Company
agrees to provide the following:


1.                 A re-usable
covering garment for use to protect employee’s clothes. A supply will be sent
to each store and controlled by store management.


2.                 Clean restrooms
and break rooms


3.                 Properly
ventilated work areas


4.                 Access to clean drinking
water


B.     The Company and Union agree to the creation of a five (5) member
Health and Safety committee. This Committee shall meet at the Company’s
headquarters once each calendar quarter (four times a year). The committee will
consist of three (3) union store employees and two (2) management
employees and a representative of the Union may attend. The purpose will be to
bring environmental issues to the attention of management in the form of
recommendations. Nothing in this paragraph shall obligate the Employer to
follow through on the committee’s recommendations.


ARTICLE 27. JURY DUTY


A.    The Company agrees to compensate employees for up to three (3) days
pay in conjunction with applicable court stipends for time lost while serving
on jury duty.


ARTICLE 28. NEWLY ACQUIRED
OR OPENED STORES


A.    The
Employer, including its management and supervisors, shall be neutral and shall
not oppose, directly or indirectly, the Union’s efforts to organize the
employees in any newly acquired or opened stores in which the bargaining unit
employees are not represented by a union.


B.     The
Employer shall recognize the Union when it obtains majority support among
bargaining unit employees (as defined in Article I) in a store as
evidenced through signed authorization cards.


C.     Any
dispute arising under this Article shall be resolved pursuant to Grievance
and Arbitration Article 14, except that the Arbitrator shall be, based on
earliest availability, Roger Maher, Eugene Coughlin or Steve Bluth.


D.    The
Employer waives its right to seek an NLRB election to resolve representational
issues at newly acquired or opened stores.



 9
 








E.     The Union and its representatives will not coerce or threaten
any employee in an effort to obtain authorization cards, nor will the Union
disparage the Employer, its products, services, policies or practices, or the
Employer’s officers, management, agents or employees. If the Employer believes
that a statement by the Union during an organizational campaign violates this
Paragraph E, it shall inform the Union of its allegation. If the parties cannot
reach agreement on the content and form of the Employer’s statement in response
within six (6) hours, the Employer may issue its statement in response in
a manner commensurate to the alleged violation. The Union may request
arbitration. The arbitrator is empowered to order an appropriate remedy.


ARTICLE 29. SHOP STEWARDS


The Employer recognizes the right of the Union to
designate a Shop Steward in each store that employs more than fifteen (15)
bargaining unit employees. The Shop Steward shall enjoy top seniority for
purposes of layoff only.


The authority of
the Shop Steward designated by the Union shall be limited to, and shall not
exceed, the following activities:


1.      The
investigation and presentation of grievances in accordance with the provisions
of the collective bargaining agreement.


2.      The
transmission of such messages and information which shall originate with and
are authorized by the Union or its officers, provided such messages and
information:


a.      have been
reduced to writing, or


b.      if not
reduced to writing, are of a routine nature and do not involve work stoppages,
slow downs, refusal to handle goods or assist customers, refusal to follow
instructions, or any other interference with the Employer’s business.


Shop stewards are to
perform the duties without unduly interfering with store operations including
their own job duties and responsibilities.


ARTICLE
30. NO DISCRIMINATION


The
Employer agrees that it will not discriminate against employees because of such
employee’s race, creed, color, national origin, age, disability, religion,
veteran status, sex, sexual orientation, union affiliation, marital status, or
other classifications protected by federal and/or state law. The use of the
words “his,” “him” or “he” in this Agreement are intended to be gender neutral
and are intended to be used interchangeably with the words “hers,” “her” and “she”
for purposes of this Agreement.


	
  Agreed:

  	
  Agreed:

  
	
  ALLIED
  TRADES COUNCIL DIVISION

  	
  DUANE READE, INC.

  
	
  OF
  LOCAL 338 RWDSU/UFCW

  	
   

  
	
  By:

  	
   

  	
   

  	
  By:

  	
   

  	
   

  
	
  Date Signed:

  	
   

  	
   

  	
  Date Signed:

  	
   

  	
   

  
								



 



 10