THIS AGREEMENT made and executed this 12th day of January, 2001, between AURORA FOODS INC. with its offices at 75 Empire Drive, West Seneca, New York, 14224, hereinafter referred to as the Employer and the BAKERY, CONFECTIONERY, TOBACCO WORKERS& GRAIN MILLERS' INTERNATIONAL UNION OF AMERICA, LOCAL 429, with its offices at 1560 Harlem Road, Cheek to wag a, New York, 14206, hereinafter referred to as the Union.

WITNESSETH:

This Agreement as to hours, wages and working conditions is entered into and shall be binding on the parties hereto and their successors and assigns from January 12th, 2001 until terminated as hereinafter provided.

ARTICLE 1

RECOGNITION

Section 1. The Employer recognizes the Union as the collective bargaining agent for all of his Employees, at the Aurora Foods West Seneca facility production, quality assurance, shipping, packing, maintenance and sanitation, including regular part-time Employees, but excluding store clerks, office and clerical Employees, route salesmen, drivers and supervisors.

Section 2. It shall be a condition of employment that all of the Employer's Employees in the contractual bargaining unit who are members of the Union in good standing on either the effective date or the execution date of the Agreement, whichever is later, shall remain members in good standing for the term of the Agreement; those Employees in the unit who are not members on the latter of those two dates, shall become Union members on the  31st day following either the effective date or the execution date of this Agreement, whichever is later, and remain good standing members for the term of the Agreement; all new Employees in the unit shall become Union members on the  31st day following the beginning of such employment, and remain good standing members for the term of the Agreement. It is agreed that the Employer shall retain in his employ only such Employees covered by this Agreement who are dues paying members in good standing of the Bakery, Confectionery, Tobacco Workers& Grain Millers' International Union of America. Good standing members are those owing not more than two (2) months dues. The Employer shall have sixty (60) calendar days to determine if the new Employee qualifies to do the work before he/she shall be considered regular full-time during which time the Employee may be discharged without recourse, unless the Union and Employer agree in writing to extend the period for a term not to exceed three (3) weeks.

ARTICLE 2

HOURS OF WORK

Section 1. Minimum wages and classification shall be as agreed upon in negotiation conferences and as set forth in Schedule A, a copy of which is annexed hereto and made a part hereof, and is to be identified by the signature of the Employer and the Union.

Section 2. The normal work day for full-time Employees shall be seven and one-half (7.5) hours and the normal work week shall consist of five (5) days or thirty-seven and one-half (37.5) hours, which need not be worked consecutively, being the normal times worked at straight time rates. A part-time Employee is one who works less than thirty-seven and one-half (37.5) hours per week. The normal workweek shall commence on a Sunday or any other day which shall be selected at the option of the Employer. This section is intended only to provide a basis for the calculation of overtime and it should not be construed as a guarantee of work per day or per week.

Section 3. All regular full-time Employees asked to report for work shall be guaranteed seven and one-half (7.5) hours per day and all part-time Employees asked to report for work shall be guaranteed four (4) hours per day, except those voluntarily agreeing to work less hours.

Section 4. All hours worked in excess of seven and one half (7.5) hours in any one day and/or thirty-seven and one-half (37.5) hours per week, shall be compensated for at the rate of time and one-half the straight time hourly classification rate.

Section 5. Time and one-half the straight time hourly classification rate shall be paid for all hours worked on the sixth (6th) day and double time on the seventh (7th) consecutive day of any one (1) work week. For the purposes of this section the day is defined as no less than seven and one half (7.5) hours worked, with the exception of those voluntarily agreeing to work less hours.

Section 6. Overtime is to be calculated on either the daily or weekly basis, whichever is greater, but not on both.

Section 7. Except in the event of an emergency, no Employee may be required to work more than ten (10) hours in any one (1) day. As far as possible the distribution of available overtime shall be equally divided among all Employees, subject, however, to the qualifications of such Employee to do the required work. For the purpose of this Agreement, emergency shall be defined as a malfunction in the production line or plant support, an unavoidable absence with regard to which the Employer was not notified within a reasonable time or an injury occurring during the work day with regard to whose station no replacement can be reasonably found. When Employees are required to work overtime, they shall be so notified at least one (1) hour before the completion of their scheduled shift, except in cases of emergency.

Section 8. The parties agree that it is the spirit and intent of this Agreement for all Employees to enjoy a five (5) day work week. The Union recognizes however, that occasions may arise when it might become necessary for an Employer to request that work be performed on the sixth (6th) day and/or seventh (7th) consecutive day. The Union, therefore, agrees that if under such circumstances, it cannot supply qualified workers as needed by the Employer, the Employees will work the extra day or days unless they have a valid reason for not doing so. The Shop Committee and Management will resolve any questions concerning the validity of any such excuse.

ARTICLE 3

HOLIDAYS

Section 1. 

(a) The following days shall be observed as holidays. All observances shall be as prescribed by the Federal Government.

(b) An Employee's birthday shall be considered a holiday, provided that the Employee has so notified the Employer in writing at least two (2) weeks prior thereto, each year of the term of this Agreement. In the event two (2) or more Employees' birthdays fall on the same day, seniority shall prevail.

Section 2. To be eligible for a particular unworked holiday, an Employee must meet all of the following requirements: 

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