**Exhibit 10.23**

AGREEMENT

BETWEEN:

DUANE READE INC.

—and—

ALLIED TRADES COUNCILDIVISION OF LOCAL 338 RWDSU/UFCW

*        *        *

April 1, 2006 - March 31,2009

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| 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 |   |

 

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AGREEMENT made and enteredinto 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 (hereaftercalled the “Union”).

**WITNESSETH:**

WHEREAS, the parties hereto desire to cooperate inestablishing and maintaining proper and suitable conditions, and to secureuniform and equitable terms of employment and conditions of labor satisfactoryto Employer and employees;

NOW, THEREFORE, inconsideration of the mutual covenants and agreement hereinafter contained, itis mutually agreed as follows:

ARTICLE 1. RECOGNITION ANDUNION SECURITY

A.    TheEmployer recognizes the Union as the sole and exclusive bargaining agent forall clerks, cashiers, pharmacy clerks, pharmacy technicians, and phototechnicians employed in the Employer’s stores.

B.     It shall be a condition of employment that all employees of theEmployer covered by this Agreement, who are members of the Union in goodstanding on the effective date of this Agreement shall remain members in goodstanding, and those who are not members on the effective date of this Agreementshall on the 45th day following the effective date of thisAgreement, 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 acondition of employment that all employees covered by this Agreement and hiredon or after its effective date shall on the 45th day following the beginning of such employmentbecome and remain members in good standing in the Union.

ARTICLE 2. COLLECTIVEBARGAINING UNIT

A.    Thecollective bargaining unit covered by this Agreement shall consist of allCovered employees employed in the Employer’s Stores who are employed for twenty(20) hours or more per week, excluding store managers, assistant storemanagers, pharmacists, clericals, individuals supplied by contractors, guardsand supervisory employees as may be defined in the National labor RelationsAct, as amended.

B.     Seasonalemployees hired temporarily or supplied by a contractor for the Christmasseason no earlier than December 15th and terminated no later than the next January 5th in any year shall also be excluded from thecoverage 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 ofbargaining unit employees in the same store. The preceding sentence onlyapplies to situations when the Employer chooses to reduce the hours of abargaining 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 newemployees hired by the Employer, during which period the employee may bedischarged with or without cause in the sole determination of the Employer, andsuch determination shall not be subject to the arbitration provisionhereinafter set forth. The trial period for any new employee will be extendedan additional sixty (60) days upon the Employer’s written request therefore.Employees retained in the employ of the Employer subsequent to the expirationof such trial period shall be deemed regular employees and placed on aseniority list of the employees of the Employer, such seniority to date back tothe beginning of their employment.

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ARTICLE 4.SENIORITY

A.    Seniorityfor entitlement purposes (such as vacation and benefit eligibility) shall bemeasured from date of hire by the Employer.

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

C.     Seniorityon a single store basis shall govern in all layoffs and rehirings provided themost senior employee has the present ability to satisfactorily perform theavailable work.

D.    An employeeshall lose seniority in the event of the occurrence of any one of the followingevents.

1.                 Quit

2.                 Discharge forcause

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

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

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

E.              Employeeswill be covered without a waiting period, for medical benefits only, in acompany acquired store, providing said employee was covered by a previousmedical plan at the time of acquisition.

ARTICLE 5. HOURS OF WORK

A.    The regularwork week for all full-time employees shall not exceed forty (40) hours perweek for any five (5) days out of a seven (7) day week in any storeregularly opened seven (7) days per week. A full-time employee is definedas an employee who averages a minimum of thirty (30) hours per week over aquarter.

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

C.     Part-timeemployees shall receive payment for vacations and holiday pay on a pro-ratabasis of a forty (40) hour work week.

D.    Allfull-time employees based on seniority shall have the ability to request allavailable hours in their home stores, in order to maintain their full-timestatus. Employees cannot claim hours that they are already working in anotherstore. It is understood that the employer will accommodate transfers, when thebusiness allows, in stores under the jurisdiction of the Union. The Employershall not involuntarily transfer an employee to a store outside this bargainingunit except as needed on a temporary basis.

E.     TheCompany shall make every reasonable commercial effort to maintain an employeeratio of 65% full time and 35% part time employees in all stores represented bythe Union.

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

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

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ARTICLE 6. HOLIDAY

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

B.     The holidays to which the employee shall be entitled hereundershall 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) personaldays each year. Personal days must be approved by the Store Manager, inadvance, by giving forty eight (48) hours notice to the Store Manager in orderto be paid. There will be no carry over of personal days. Eligible days nottaken will be forfeited. Employees are not entitled to pay for unused personaldays upon separation of employment.

C.     Should anyof the aforementioned holidays to which an employee is entitled, fall on hisday off or during his vacation, such employee shall, in addition to his regularpay, be paid for such holiday. Should any employee be called in to work on anyholiday to which he is entitled, he shall receive holiday pay and straight-timepay 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 beeligible for holiday pay, employees must work their scheduled day before andthe scheduled day after a paid holiday.

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

ARTICLE 7. LAYOFF ANDDISCHARGE

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

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

ARTICLE 8. VACATIONS ANDVACATION FRINGE BENEFIT FUND

A.    It isacknowledged prior agreements required the Employer to contribute to theVacation Fringe Benefit Fund (Vacation Fund). The Vacation Fund paid eligibleemployees their vacation benefits out of the funds contributed by the Employer.Since on or about July 1, 2001, the Employer has been paying the vacationbenefit 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 eligibleemployees directly as those requirements are set forth in this article.

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

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

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

1.                 Upon completingsix (6) months employment—one (1) week

2.                 Upon completingone (1) year employment—two (2) weeks

3.                 Upon completingseven (7) years employment—three (3) weeks

4.                 Upon completingfifteen (15) years employment—four (4) weeks

5.                 Upon completingtwenty (20) years employment—five (5) weeks

Part-timeemployees 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 fullwork-week based on average hours worked for the preceding quarter.

ARTICLE 9. FAIR TREATMENTAND RESPECT

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

B.     All written complaints regarding this section shall be addressedwithin ten (10) calendar days of receipt in the Company’s Human Resourcedepartment. Upon request, the Union will be provided a written summary of allactions resulting from such complaints.

ARTICLE 10. CHECKOFF

A.    During thesecond week of each and every month the Employer agrees to deduct and remit tothe Union the Union’s regular membership dues and initiation fees, uponcondition that the Union shall furnish the Employer with a lawful checkoffauthorization form executed by the employee.

B.     TheEmployer will notify the Union of any revocation of such authorization receivedby it.

C.     Thisauthorization shall automatically renew itself unless written authorization forrevocation is submitted as above directed.

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

E.     All moniesdeducted in accordance with the provisions of this section shall be promptlyremitted to the Union or its office with a list of all workers and the amountsof money deducted from each.

F.     The Employer agrees to deduct from the wage of its employees whoare members and who voluntarily authorize such contributions on formsdesignated for that purpose, contributions to the Local 338 PAC, campaigncommittee. The amounts deducted pursuant to the voluntary authorization shallbe sent to the treasurer of the Local 338 PAC on monthly intervals. Thesetransmittals shall be accompanied by a list of contributions made by thoseemployees for whom such deductions have been made.

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ARTICLE11. MANAGEMENT PREROGATIVE

A.    Any and allrights and prerogatives of the Employer in the operation and management of itsbusiness and the direction of its employees, including the making of work rules inconnection therewith, shall be and remain vested in the Employer, except asmodified by this Agreement. The Employer will notify the Union of changes inwork rules prior to implementation. The Union has the right to challengeany unreasonable changes in work rules.

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

ARTICLE12. WAIVER AND MODIFICATIONS

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

B.     The Employer and Union cannot modify or waive any of theprovisions of this Agreement without the express written consent of the partieshereto.

ARTICLE 13. STRIKES ANDLOCKOUTS

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

ARTICLE 14. GRIEVANCES ANDARBITRATION

A.    Anydisputes between the Union and the Employer arising out of or under thisAgreement shall be first taken up for amicable adjustment between thedisputants.

B.     If theparties to any such dispute shall be unable to adjust such dispute, then suchdispute shall be referred to arbitration. All complaints, disputes orgrievances of whatsoever kind or nature arising between the Union and theEmployer concerning any provision of this Agreement, shall be submitted forarbitration to an arbitrator designated by mutual agreement of the parties. Ifwithin ten (10) days the parties fail to reach agreement on thedesignation of an arbitrator the matter shall be submitted to the nextarbitrator on the below list:  (1) MartyScheinman, (2) Elliot Schriftman, (3) Roger Maher and (4) EugeneCoughlin. The arbitration shall be brought on by written notice sent by theparty requesting the same addressed to the other party at the address set forthin this Agreement. Said notice shall not be required to set forth the issuesbut should state that a grievance or dispute exists between the parties. Thearbitrator shall upon such notice as he shall give to the parties, (whichnotice shall be deemed good and sufficient notice), proceed to a hearing at thetime and place fixed by him. If either party fails or refuses or neglects toappear, then the arbitrator shall hear the evidence of the party appearing andrender his decision as if both parties had appeared. The decision of thearbitrator shall be final and binding on the Employer, the Union and theemployee(s). In making his decision, the arbitrator shall not have the right toadd 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 anarbitration, or to enforce, confirm or vacate an award, shall be deemed dulyand sufficiently served if served by ordinary mail directed to the party’saddress as set forth in this Agreement, or to the party’s attorney. Thearbitrator is empowered to include in his award mandatory and injunctive reliefand to assess damages. The expenses of arbitration hereunder shall be borneequally by the parties hereto.

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C.     Time shallbe of the essence in any arbitration proceeding and both parties to the disputeshall exert their best efforts in obtaining a speedy determination. Grievancesregarding discipline/discharge disputes must be filed within fifteen (15) daysafter the event grieved. A subsequent demand for arbitration regarding thediscipline/discharge dispute must be filed within forty-five (45) days afterthe event grieved or within ten (10) days after a final decision by theEmployer to deny the grievance, whichever is sooner. Grievances regardingnon-discipline/discharge disputes must be filed within forty-five (45) daysafter the event grieved or the date when the Union reasonably should have knownof the event grieved, whichever is later. A subsequent demand for arbitrationregarding 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 awaiver of the dispute.

D.    Any claimfor unpaid compensation to which an employee may be entitled under theprovisions of this Agreement shall be deemed waived unless such claim is madewithin six (6) months from the date when such unpaid compensation may havebecome due and payable. Any such claim, made more than six (6) monthsafter it was allegedly due and payable, shall not be subject to the grievanceand arbitration provisions of this Agreement.

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

ARTICLE 15. BEREAVEMENTLEAVE

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

ARTICLE 16. SICK LEAVE

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

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

ARTICLE 17. ALLIED WELFAREFUND AND UNION MUTUAL FUND

A.    Contributionson behalf of all full and part-time employees shall commence to the AlliedWelfare Fund with the first calendar month following 210 days of the date ofinitial employment. Contributions to the Union Mutual Fund shall commence forall 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 orbefore the 15th of a month, the employee shall be deemed tohave been hired for the entire month, and if the employee is hired after the 15th of the month, the employee shall be deemed tohave been hired as of the 1st of the 

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

B.     Paymentsduring non-working periods. In the event any regular employee shall not beworking due to illness or disability, the Employer shall continue to makepayments hereunder to the Allied Welfare Fund for each such employee, but notfor more than 13 weeks of illness or disability during any contract year ofthis Agreement.

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

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

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

F.     Date ofpayments.   All payments due from the Employer to the Allied Welfare Fundand Union Mutual Fund must be paid on or before the 20th day of each and every month covering theamounts payable hereunder for the preceding months. All payment shall bewithout any deductions from the employees.

G.    All full-time employees, following the completion of two hundredand ten (210) days of employment will be eligible to participate in the DuaneReade Prescription Program. The employees will not be required to makecontributions to participate in the Duane Reade Prescription Program. DuaneReade shall continue the existing Duane Reade Prescription Program for theduration of this Agreement, however, effective January 1, 2007, theCompany has the right to change the co-pays provided it is done on acompany-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 inwriting, by certified or registered mail or other means showing proof ofdelivery, and sent by each party hereto to the other to the addressesrespectively set forth herein above, unless similarly notified in writing of achange in address.

ARTICLE 19. UNIONVISITATION

A.    Representativesof the Union shall be permitted to visit the stores of the Employer for areasonable period of time for the purpose of meeting with the employees and forthe purpose of observing whether or not the terms and conditions of thisAgreement are carried out. Union representatives agree to make their presenceknown to the Store Manager or Assistant Store Manager before speaking withemployees 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 theEmployer shall deal with the Union or its duly accredited representative withrespect to any matter affecting same.

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ARTICLE 20. INVALIDATION

A.    Should any section, or portion thereof, of this Agreement beheldunlawful and unenforceable by any tribunal of competent jurisdiction, suchdecision shall apply only to the specified section or portion thereof directlyspecified in the decision and not affect the validity or enforceability of theremainder 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 uponthe parties hereto, their successors and assigns.

ARTICLE 22. TERM OFAGREEMENT

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

ARTICLE 23. COMPLETEAGREEMENT

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

ARTICLE24. WAGE SCHEDULE

A.    Minimumstart rate: Minimum Wage:

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

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

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

C.     GeneralWage Increase:

All employees on the payroll on the effective datesset forth below and who have passed their Trial Period as provided for hereinshall 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) perhour

D.    Allemployees scheduled to work from midnight to 8:00 a.m. shall receive anadditional $1.50 per hour.

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

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ARTICLE 25. MISCELLANEOUS

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

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

C.     Employershall adjust the work schedule of a designated Union representative to enablehim or her to attend Union meetings once each quarter.

D.    All employees may elect to receive eligible pay through directdeposit.

ARTICLE26. HEALTH & SAFETY ISSUES

A.    The Companyagrees to provide the following:

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

2.                 Clean restroomsand break rooms

3.                 Properlyventilated work areas

4.                 Access to clean drinkingwater

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

ARTICLE 27. JURY DUTY

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

ARTICLE 28. NEWLY ACQUIREDOR OPENED STORES

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

B.     TheEmployer shall recognize the Union when it obtains majority support amongbargaining unit employees (as defined in Article I) in a store asevidenced through signed authorization cards.

C.     Anydispute arising under this Article shall be resolved pursuant to Grievanceand Arbitration Article 14, except that the Arbitrator shall be, based onearliest availability, Roger Maher, Eugene Coughlin or Steve Bluth.

D.    TheEmployer waives its right to seek an NLRB election to resolve representationalissues at newly acquired or opened stores.

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E.     The Union and its representatives will not coerce or threatenany employee in an effort to obtain authorization cards, nor will the Uniondisparage the Employer, its products, services, policies or practices, or theEmployer’s officers, management, agents or employees. If the Employer believesthat a statement by the Union during an organizational campaign violates thisParagraph E, it shall inform the Union of its allegation. If the parties cannotreach agreement on the content and form of the Employer’s statement in responsewithin six (6) hours, the Employer may issue its statement in response ina manner commensurate to the alleged violation. The Union may requestarbitration. The arbitrator is empowered to order an appropriate remedy.

ARTICLE 29. SHOP STEWARDS

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

The authority ofthe Shop Steward designated by the Union shall be limited to, and shall notexceed, the following activities:

1.      Theinvestigation and presentation of grievances in accordance with the provisionsof the collective bargaining agreement.

2.      Thetransmission of such messages and information which shall originate with andare authorized by the Union or its officers, provided such messages andinformation:

a.      have beenreduced to writing, or

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

Shop stewards are toperform the duties without unduly interfering with store operations includingtheir own job duties and responsibilities.

ARTICLE30. NO DISCRIMINATION

TheEmployer agrees that it will not discriminate against employees because of suchemployee’s race, creed, color, national origin, age, disability, religion,veteran status, sex, sexual orientation, union affiliation, marital status, orother classifications protected by federal and/or state law. The use of thewords “his,” “him” or “he” in this Agreement are intended to be gender neutraland 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: | ** ** | ** ** |
|                                     |                       |  |  |  |  |  |  |

 

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