BASE PAY EXCEPT THIS SHALL NOT BE PAID IN ADDITION TO THE INCENTIVE.
ALL SUCH
HOURS SHALL NOT COUNT
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NEGATIVELY FOR AN EMPLOYEES PRODUCTIVITY FORMULA, BUT SHALL COUNT AS HOURS
WORKED FOR ALL PURPOSES INCLUDING SENIORITY.
ARTICLE 9
DEATH IN FAMILY
9.1
ANY NON-PROBATIONARY EMPLOYEE WHO, DURING THE
RACING MEETING, SUFFERS A DEATH IN THE FAMILY AS HEREINAFTER DEFINED, SHALL BE
ENTITLED TO THREE (3) WORK DAYS OFF WITHIN, A 7 CALENDAR DAY PERIOD AND A MEMBER
OF THE FAMILY IS DEFINED AS WIFE OR HUSBAND, CHILD, NATURAL, ADOPTED OR FOSTER,
STEPCHILD, SISTER, BROTHER, PARENT OR PARENT-IN-LAW.
ARTICLE 10
VALIDITY OF CONTRACT
10.1
THE PARTIES HERETO AGREE THAT SHOULD ANY ARTICLE,
PART OR SECTION OF THIS AGREEMENT BE DECLARED BY A FEDERAL OR STATE COURT OF
COMPETENT AND FINAL JURISDICTION TO BE UNLAWFUL, INVALID, INEFFECTIVE OR
UNENFORCEABLE, SAID ARTICLE, PART OR SECTION SHALL NOT AFFECT THE VALIDITY AND
ENFORCEABILITY OF ANY OTHER ARTICLE, PART OR PARAGRAPH HEREOF AND THE REMAINDER
OF THIS AGREEMENT SHALL CONTINUE IN FULL FORCE AND EFFECT.
10.2
MOREOVER, ANYTHING HEREIN TO THE CONTRARY
NOTWITHSTANDING, THIS ENTIRE CONTRACT IS SUBJECT TO THE REGULATIONS OF THE
PENNSYLVANIA STATE HORSE RACING COMMISSION, THE PROVISIONS WHEREOF TAKE
PRECEDENCE OVER AND SUPPLANT ANY PROVISION OF THIS AGREEMENT WHICH MAY BE IN
CONFLICT THEREWITH.
ARTICLE 11
STRIKES AND LOCKOUTS
11.1
THIS AGREEMENT PROVIDES DEFINITE MEANS FOR SETTLING
ALL DISPUTES WHICH MAY ARISE BETWEEN THE PARTIES CONCERNING ITS INTERPRETATION
AND APPLICATION.
THEREFORE, THERE SHALL BE NO
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LOCKOUT OF UNION MEMBERS BY THE EMPLOYER AND NO STRIKE, WALKOUT, SITDOWN,
SYMPATHY STRIKE, OR ANY ACTION OR INACTION THAT MAY INTERFERE WITH OR INTERRUPT
THE EMPLOYER'S OPERATIONS SHALL BE CALLED, AUTHORIZED, SANCTIONED OR PERMITTED
BY THE UNION DURING THE TERM OF THIS AGREEMENT, UNLESS EITHER PARTY HERETO SHALL
FAIL TO COMPLY FULLY WITH THE GRIEVANCE AND ARBITRATION PROVISIONS AND
PROCEDURES SET FORTH IN THIS AGREEMENT.
ARTICLE 12
UNION VISITATION
12.1
THE UNION REPRESENTATIVES SHALL BE PERMITTED ENTRY
FOR UNION BUSINESS UPON THE EMPLOYER'S PREMISES WHERE THE UNION'S MEMBERS ARE
EMPLOYED.
12.2
IT IS AGREED THAT SUCH UNION REPRESENTATIVE WILL NOT
INTERFERE IN ANY WAY WITH THE EMPLOYER'S BUSINESS.
12.3
THE EMPLOYER SHALL PROVIDE THE UNION WITH A BULLETIN
BOARD IN A BARGAINING UNIT WORK AREA AT EACH FACILITY FOR THE POSTING OF NOTICES
AND SUCH OTHER INFORMATION DEALING WITH CONTRACT ADMINISTRATION AND UNION
MEMBERSHIP.
THE UNION AGREES THAT THE BOARD WILL ONLY BE USED FOR OFFICIAL
UNION BUSINESS UPON THE APPROVAL OF THE BUSINESS MANAGER, AND THAT THE UNION
WILL NOT POST ANYTHING WHICH UNFAIRLY DEPICTS THE EMPLOYER.
THE EMPLOYER AGREES
NOT TO INTERRUPT, DELAY, OR IN ANY WAY INTERFERE WITH UNION COMMUNICATIONS TO
ITS MEMBERS THROUGH ITS DESIGNATED REPRESENTATIVES, INCLUDING INFORMATION
COMMUNICATED VIA THE EMPLOYER'S FACILITY FACSIMILE MACHINE.
ARTICLE 13
ILLNESS AND INJURY
13.1
EMPLOYEES WHO ARE ABSENT FROM WORK FOR ONE (1) YEAR
OR LESS DUE TO BONA FIDE ILLNESS, ACCIDENT OR OFFICIAL LEAVE OF ABSENCE, SHALL
BE ENTITLED TO RETURN TO THEIR EMPLOYMENT WHEN
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AVAILABLE TO DO