THIRD PARTY, THEN THE
EXECUTION AND ADOPTION OF THIS AGREEMENT BY THE RELEVANT THIRD PARTY SHALL BE
PREREQUISITE TO THE ACTIONS DESCRIBED IN (1) AND (2) OF THIS PARAGRAPH.
DURING
2
THE TERM OF THE SUCCESSOR AGREEMENT TO PROTECT AND PRESERVE THE WORK OF THE
EMPLOYEES CURRENTLY WORKING UNDER THE PREVIOUS AGREEMENT, THE EMPLOYER AGREES,
TO THE EXTENT PERMITTED BY LAW, TO REQUIRE THAT AS A PREREQUISITE TO
SUBCONTRACTING CURRENT BARGAINING UNIT WORK, THE ENTITY PERFORMING THE
SUBCONTRACTED WORK SHALL BE REQUIRED TO ASSUME THE SUCCESSOR AGREEMENT WITH
RESPECT TO THE SUBCONTRACTED WORK.
IF THIS PREREQUISITE AND ASSUMPTION IS NOT
LEGALLY ENFORCEABLE, THEN THE EMPLOYER AGREES TO REFRAIN FROM SUBCONTRACTING
CURRENT BARGAINING UNIT WORK TO ANY SUBCONTRACTOR WHICH DOES NOT OBSERVE THE
WAGES, HOURS AND OTHER ECONOMIC CONDITIONS OF EMPLOYMENT EQUIVALENT TO THOSE
ESTABLISHED BY THE AGREEMENT, TO THE EXTENT PERMISSIBLE BY LAW.
FOR CLARITY,
THIS SUBCONTRACTING RESTRICTION ONLY APPLIES TO WORK CURRENTLY PERFORMED BY THE
BARGAINING UNIT, WHICH IS (1) ADMISSIONS PERSONNEL IN THE RACING DIVISION,
(2) TELEBET OPERATORS IN THE RACING DIVISION AND (3) MUTUAL PERSONNEL IN THE
RACING DIVISION.
FURTHER, THE UNION ACKNOWLEDGES THAT ANY AND ALL PORTIONS
BEYOND THE THREE ENUMERATED POSITIONS IN THIS PARAGRAPH MAY BE SUBCONTRACTED BY
EMPLOYER WITHIN THE SOLE DISCRETION OF THE EMPLOYER.
In Addition, the parties agree to conform Article VIII to this preceding
language.
13.
SCHEDULE C - TELEBET PRODUCTION - AMEND LAST SENTENCE OF FIRST
PAGE OF C TO DELETE THE WORDS "... NOT ... NOR & BUT ..." AND REPLACE WITH THE WORK "...
USED ... AND ...& AND ..."
14.
SCHEDULE D - SHORTAGE POLICY - THE PARTIES AGREE TO AMEND TO
INCLUDE A $750.00 CAP ON LIABILITY OF TELEBET TELLERS TO PAY FOR ANY SHORTAGES,
WITH DISCIPLINE ONLY FOR SHORTAGE IN EXCESS OF THAT UNDER THE DISCIPLINE POLICY
TO INCLUDE PROGRESSIVE DISCIPLINE POLICY CURRENTLY IN PLACE.
15.
HEALTHCARE - AMEND PREVIOUS AGREEMENT TO PROVIDE THAT UPON START
OF SLOT OPERATIONS BY THE EMPLOYER, EMPLOYER SHALL CONTRIBUTE 75% OF THE COST OF
THE PREMIUMS FOR THE
3
INSURANCE COVERAGES THEN PROVIDED TO THE CURRENT NON-UNION EMPLOYEES AND
CLASSIFIED AS "BASIC COVERAGE LIMITS AND PROVIDING APPLICABLE COVERAGES
INCLUDING DEPENDENT COVERAGES.
... for mutual employees who achieve either 300 shifts or an average 35 hours per
week in the prior calendar year and any Telebet or admissions employee who
achieves either 250 shifts or any average of 35 hours per week, in the prior
calendar year.
16.
401K - AMEND AGREEMENT TO PROVIDE THAT UPON START OF SLOT
OPERATIONS BY THE EMPLOYER THE EMPLOYER SHALL PERMIT PARTICIPATION IN THE
COMPANY 401 K BY ANY EMPLOYEE WHO BY THE AGE OF 21 HAS WORKED AT LEAST 1000
MINIMUM HOURS AND ACHIEVED 1 YEAR OF SERVICE, WITH THE THEN CURRENT PLAN OFFERED
TO THE CURRENT; NON-NON EMPLOYEES.
17.
DELETE CURRENT ARTICLE 25.
18.
ADD TO CONTRACT - "ALL PARI-MUTUAL TELLER OPERATED MACHINES SHALL
BE ABLE TO ACCEPT THE EXACT SAME TYPE OF BETS WITH REGARD TO RACETRACK, DOLLAR
AMOUNT,