AGREEMENT Between PENINSULA JEWISH COMMUNITY

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AGREEMENTbetweenPENINSULA JEWISH COMMUNITYCENTERandSERVICE EMPLOYEES'INTERNATIONAL UNIONLOCAL 521June 1, 2016 - April 30, 2019

Table of ContentsContentsSection 1. Recognition . 1Section 2. Union Membership . 1Section 3. New Employee Orientation . 2Section 4. Discrimination . 2Section 5. Union Business . 3Section 6. Salaries . 4Section 7. Probation . 6Section 8. Discipline, Discharge, Suspension or Demotion . 7Section 9. Job Vacancies . 8Section 10. Hours of Work and Overtime . 8Section 11. Holidays . 9Section 12. Leaves of Absence, Sick Leave, Bereavement Leave . 11Section 13. Vacation . 15Section 14. Mileage Reimbursement . 16Section 15. Layoff, Hours Reduction and Recall . 17Section 16. Union Management Committee . 18Section 17. Performance Evaluation and Personnel File . 19Section 18. Life Insurance, Medical and Hospital Insurance . 19Section 19. Dental Insurance . 22i

Section 20. Pension Plan . 22Section 21. Safety and Health . 22Section 22. Grievance Procedure . 23Section 23. On-CalL . 24Section 24. Strikes . 25Section 25. Tuition Reimbursement . 25Section 26. Longevity Benefits . 25Section 27. Term of Agreement. . 25APPENDIX "A" - Salary Schedules . 27Side Letter of Agreement - Summer Camp Work . 29ii

AGREEMENTbetweenPENINSULA JEWISH COMMUNITY CENTERAndSERVICE EMPLOYEES' INTERNATIONAL UNION LOCAL 521This Agreement is entered into this 27th day of June, 2016 by and betweenPeninsula Jewish Community Center (hereinafter referred to as the "Employer")and Service Employees' International Union Local 521 (hereinafter referred to asthe "Union").PREAMBLEThe program philosophy of the Peninsula Jewish Community Center (PJCC) is tofoster Jewish culture, heritage and tradition. This Agreement is entered into withfull recognition of that philosophy.Section 1. RecognitionThe Employer recognizes the Union as the exclusive bargainingrepresentative for employees in the unit certified by the NLRB in Case No.20-RC-15092 and included in Appendix A; excluding all employees whowork less than twenty (20) hours per week, managerial employees,confidential employees, project employees, guards and supervisors asdefined in the Act. This Agreement will also cover employees in newlyestablished classifications, the majority duties of which are within the scopeof duties included in classifications represented by the Union.Section 2. Union MembershipMembership in the Union on or after the thirty-first (31 st) day following thebeginning of employment of employees covered by this Agreement, or theeffective date of this Agreement, or the date upon which this Agreement isexecuted, whichever is the later, shall be required as a condition ofemployment. Tender of the Union's periodic dues and the initiation feesuniformly required as a condition of acquiring or retaining such membership,shall, for the purpose of this Section, be considered membership in theUnion.Upon written notice to the Employer and upon examination of documentedproof that an employee has not complied with the above requirement, theEmployer shall terminate the employment within thirty (30) days after1

receipt of such notice unless thereafter the employee complies with theabove requirements within said time period.Not later than the fifteenth (15th) of each month, the Employer shall supplythe Union with the name, classification, salary and date of hire of any newlyhired employee and the names of any employees terminated, laid off or onleave of absence during the previous month and who are covered by thisAgreement. In addition, the Employer will furnish a list of address changesto the Union. The local Union Steward at the PJCC will also receive a copyof this information as well as the location of each newly hired employee.The fees or dues described above may be deducted from the employee'spaycheck upon submission to the Employer of a proper writtenauthorization by the employee. The Union will hold harmless the Employeragainst any claim which may be made by any person by reason of saiddeduction, including the costs, attorney fees and other expenses ofdefending against such claim.The Employer shall deduct monies designated for the Union's COPEprogram from the paycheck of employees who voluntarily authorize suchdeductions. Employer shall remit such deductions promptly to the Union.Section 3. New Employee OrientationAt the time a new employee is hired, the Employer shall provide theemployee with a copy of this Agreement and any letters of understandingpertinent thereto. The Employer will also provide the employee with anexplanation and copies of all employee benefits, including medicalinsurance plans, dental plans, and any other insurance or pension (ifapplicable) plans.The employee shall also receive a copy of theEmployer's personnel policies (including department policies andprocedures manuals) as well as a copy of his/her classification description.The Employer will conduct orientation sessions for new employees on an asneeded basis. The frequency of said sessions will depend on the numberof newly hired employees at anyone time. Human Resources will notify theUnion of all new hires. The Union may arrange time to meet with newemployees for a reasonable period of time during a scheduled work day.Section 4. DiscriminationThere shall be no discrimination of any kind based on race, color, creed,gender, religion, marital status, registered domestic partner status, age,national origin or ancestry, physical or mental disability, medical conditionincluding genetic characteristics, sexual orientation, or any other2

consideration made unlawful by federal, state or local laws and which is nota bona fide occupational qualification for a particular job.Additionally, there shall be no discrimination based on Union activitiesagainst any employee or applicant for employment by the Employer.It is recognized that certain jobs have a bona fide exemption because of thenature of the job (Le., jobs which require the incumbent having hadexperience as a Jew, in the culture, religion and historical background of theJewish people). Where such requirements exist, they will be clearlyindicated on the job announcement.Section 5. Union Business5.1Worksite OrganizerThe Worksite Organizer or qualified representative of the Union shall beallowed to visit the Employer's covered establishment for the purpose ofascertaining whether or not this Agreement is being observed. This rightshall be exercised reasonably. The Worksite Organizer or qualifiedrepresentative of the Union shall report to Human Resources beforeproceeding to the facility.The Worksite Organizer or qualifiedrepresentative shall not interfere with the normal conduct of work.5.2Union Representatives and StewardsThe Union may appoint a reasonable number of stewards for PJCC.Grievances which may arise and which cannot be adjusted on the job shallbe reported to the Union by the steward; provided, however, in no eventshall the steward or the Union order any changes and no changes shall bemade except with the consent of the Employer. Stewards shall be givenreasonable time off with pay to meet with management representatives toprocess and attempt to resolve grievances. The Union will provide theEmployer with an annual list and appropriate up-dates of Local 521stewards and chapter officers. Official Representatives or stewards shall bein paid status when meeting with management during their regularlyscheduled work hours.5.3Union Bargaining CommitteeThe Union may select up to four (4) members to serve on the negotiationsteam.Upon mutual agreement, additional Union members mayparticipate in bargaining meetings for the purpose of presentingbackground for a Union proposal.5.4Union Bargaining Committee Meal AllowanceThe appointed bargaining committee members who serve on the Unionteam to negotiate a successor Agreement shall receive a meal allowanceof Twenty Five Dollars ( 25.00) per day.3

Section 6. Salaries6.1No Reduction in WagesNo employee shall suffer a reduction in his/her wage rate as a result of thisAgreement.6.2Starting Salary RangeThe starting salary ranges are contained in Appendix A which is attachedhereto.6.3Movement through Starting Salary Range (for employees other thanTeaching Staff)New employees in classifications other than Teaching Staff shall be hired atentry step and thereafter, employees shall move to the next higher step onthe pay range on their anniversary date of hire. PJCC management, attheir sole discretion may hire at other than entry step.6.4Movement through Salary Range for Teaching StaffNew employees shall be appointed to a step on the salary range based onprior experience in Early Childhood Education. Thereafter, employees shallmove to the next higher step on the pay range on their anniversary date ofhire. PJCC management, at their sole discretion may hire at other thanentry step.6.5Movement from Aide to Assistant TeacherA new employee who possesses fewer than six (6) approved units in EarlyChildhood Education, shall be hired as an Aide and placed on the payscale based on prior experience in Early Childhood Education. Suchemployee shall be promoted to Assistant Teacher on the first of the monthfollowing completion of six (6) approved units. Upon promotion toAssistant Teacher, the employee will be placed on the step in theAssistant Teacher scale which provides for at least a five percent (5%)pay increase. Thereafter, the employee shall be eligible for a stepincrease one (1) year from the date of promotion to Assistant Teacher,pursuant to 6.4 above.6.6New Assistant Teacher Hires and Movement from Assistant Teacher toAssociate TeacherA new employee who possesses between six (6) and eleven (11)Teaching Staff units shall be hired as an Assistant Teacher and placed onthe pay scale based on prior experience in Early Childhood Education.Such employee shall be promoted to Associate Teacher on the first of themonth following completion of twelve (12) approved units, including thefollowing core units: Child Development, Child Family and Community,Principles and Practices of Early Childhood Education and Curriculum.Upon promotion to Associate Teacher, the employee will be placed on the4

step in the Associate Teacher scale which provides for at least a fivepercent (5%) pay increase. Thereafter, the employee shall be eligible fora step increase one (1) year from the date of promotion to AssociateTeacher, pursuant to 6.4 above.6.7Associate Teacher Pay in Absence of TeacherAny Associate Teacher who is placed in charge of a classroom for an entireday, in the absence of the Teacher shall receive Teacher pay for that day.6.8Promotion from Associate Teacher to Teacher or Mentor TeacherEmployees may be hired into Teacher and Mentor Teacher throughpromotion or from outside recruitment. Any employee who is promoted toTeacher or Mentor Teacher shall serve an additional ninety (90) calendarday probation period. Any employee who is unsuccessful may revert tohis/her former classification. Employees will be placed on a step whichprovides for at least a five percent (5%) pay increase.6.9Initial Mentor Teacher PlacementsThe initial Mentor Teacher positions shall be filled through promotion onlyand all internal applicants shall be interviewed.6.10Floater PositionsA floater is a Teaching Staff member (in any classification) who is notassigned to a particular classroom or age level but is used as additionalhelp or as a substitute for employees on leave.6.11Wage AdjustmentsTeaching Staff COLA and Staff Market AdjustmentA.For Mentor Teachers, Teachers and Aides, wages in effect for July1, 2015 shall be increased by four percent (4%) at the beginning ofthe Fall Term in 2016.For Associate Teachers and Assistant Teachers, wages in effect forJuly 1, 2015 shall be increased by ten percent (10%) at thebeginning of the Fall Term in 2016.All teaching staff wages in effect for July 1, 2016 shall be increasedby three percent (3%) at the beginning of the Fall Term in 2017.All teaching staff wages in effect for July 1, 2017 shall be increasedby three percent (3%) at the beginning of the Fall Term in 2018.5

B.All Other Staff COLAWages in effect for July 1, 2015 shall be increased by three andone-half percent (3.5%) effective July 1, 2016.Wages in effect for July 1, 2016 shall be increased by three percent(3.0%) effective July 1, 2017.Wages in effect for July 1, 2017 shall be increased by three percent(3.0%) effective July 1,2018.6.12Associate/Assistant Teacher Pay in Absence of PJCC TeacherWhen a non-PJCC employee substitute teacher is assigned to aclassroom where an Associate or Assistant Teacher is also assigned, oneAssociate or one Assistant Teacher will receive an additional One Dollar( 1.00) per hour pay.6.13Market SurveyThe parties agree to jointly compile a total compensation market survey noless than two months prior to the April 30, 2019 expiration of thisAgreement.Section 7. ProbationThe following probationary periods apply to all employees covered by thisLabor Agreement:7.1For Aides, Teacher Assistants, Associate Teachers, Teachers and MentorTeachersThere shall be a probation period of six (6) months. The probation periodmay be extended for valid reasons for a period not to exceed three (3)months or until the end of the academic year, whichever is the longer periodof time, but in no case shall such extension exceed six (6) months.When it is the Employer's intention not to continue the employment of anAide, Teacher Assistant, Associate Teacher, Teachers or Mentor Teacherwho has not completed his/her probation period or any extension thereof atthe end of the academic year, the Employer shall give the employee writtennotice by the end of that academic year of his/her termination ofemployment.7.2For Other EmployeesFor all other employees not specified above, the probation period shall bethree (3) months, which may be extended for valid reasons for a period notto exceed one (1) month.6

7.3Probation Upon PromotionAn employee who is promoted will serve the probationary period specifiedabove for the promotional classification. If during this probationary periodthe employee is found to be unsuccessful in the promotional position,he/she shall be allowed to return to the classification held immediately priorto the promotion and not be required to serve a new probationary period.This right of return to the former classification does not apply if theemployee is terminated for cause. For the purpose of this Section, apromotional position is defined as a position specified in the Agreement witha higher rate of pay than the position the employee was occupying and forwhich there was a specific vacancy, such as a promotion from Assistant toTeacher as opposed to the instance where an employee in the classificationof Administrative Assistant I had been assigned sufficient additional dutiesto merit a reclassification of his/her position to Administrative Assistant II. Inthis latter instance, the employee will not be required to serve a newprobationary period.7.4Extensions of ProbationEmployees must be notified in writing of the extension of probation and thereasons therefore prior to completion of the normal probation period.7.5Termination During Probationary PeriodAn employee terminated during the probation period (including anyextension thereof) shall not have the right to appeal his/her case using thegrievance procedure set forth in this Agreement or any other appealprocedure utilized by the Employer.Section 8. Discipline, Discharge, Suspension or Demotion8.1Just Cause for DisciplineEmployees may be suspended, demoted or discharged for just cause.PJCC follows a progressive disciplinary process where appropriate. PJCCreserves the right to initiate disciplinary action at any level.8.2CounselingWhere appropriate, employees shall be counseled in an effort to correctconduct and performance prior to initiating disciplinary action.Documentation of the counseling shall not be placed in the employee'sofficial personnel file but instead kept with supervisor's notes or files.8.3Notice to Employee of Disciplinary ActionAt the time of the action, the employee shall be furnished with a writtennotice of discharge, suspension or demotion and a copy of the notice will besent at the same time to the Union. The notice will advise the employee ofhis/her right to receive written reasons for the action which will be providedto the employee and the Union within five (5) workdays from the date of the7

employee request. The notice shall also include a statement of the natureof the disciplinary action, the effective date of the action and a statement ofthe cause(s) thereof, including specific acts and/or omissions.8.4Right to RepresentationAn employee shall have the right to be present and to have a Unionrepresentative present at any meeting with supervisors or managementrepresentatives if the employee has a reasonable belief that the meetingmay lead to disciplinary action.Section 9. Job VacanciesAll unit job vacancies must be posted at all work locations within the PJCCfor a period of seven (7) calendar days prior to the filling of any position sothat qualified employees may have an opportunity to apply and beconsidered for the position. The Employer may simultaneously recruit forthe position outside the Agency.Normally, the Employer will givepreference to qualified employee applicants; however, the final decisionshall be that of management and shall not be subject to the grievanceprocedure. All job postings shall contain all the required qualifications forthe position. A copy of each opening shall be mailed or emailed to theUnion.Section 10. Hours of Work and Overtime10.1Hours of WorkThe normal workweek is forty (40) hours for all full-time employees,between the hours of 12:01 AM. Monday to 12:00 Midnight Sunday.There shall be two (2) consecutive days off per week except for a specialschedule as arranged by mutual agreement between the employee and theEmployer.10.2OvertimeAll employees covered by this Agreement are hourly employees subject tothe overtime provision of this Agreement. All employees shall be givenregularly scheduled hours with the exception of those employees who areplaced on flexible schedules.Employees shall be compensated for working over their normal workschedule as follows:For hours worked over eight (8) hours per day or forty (40) hours per week,the Employees shall be paid one and one-half (1 %) times the straight-timerate of pay.8

10.3Make-Up TimeThe Employer has a Make-Up Time Policy that complies with State law andcan be found in the Employee Handbook. Under certain conditions,employees may request to work longer on certain days and take the time offwithin the same pay week. Requests must be approved in advance.10.4Rest and Meal PeriodsEmployees shall receive a ten (10) minute paid rest period for each four (4)hours worked or major fraction thereof. It is management's obligation toprovide an opportunity for all employees to take their rest breaks.An employee who works more than five (5) hours shall receive an unpaidmeal period of not less than thirty (30) minutes in accordance withprovisions in State law. When a work period of not more than six (6) hourswill complete a day's work, the meal period may be waived by mutualconsent of the Employer and employee.If the nature of the work prevents an employee from being relieved of allduties, the employee shall be paid in accordance with the law.10.5Meal AllowanceEmployees who are required to work twelve hours in any single day shall bepaid a meal allowance of Five Dollars ( 5.00 for breakfast, Eight Dollars( 8.00) for lunch and Fifteen Dollars and Fifty cents ( 15.50) for dinnerdepending upon which meal is necessitated by the additional hours.Section 11. Holidays11.1National HolidaysThe Employer recognizes the following national holidays:1. New Year's Day or the date specified as the recognized holiday2. President's Day3. Memorial Day4. Independence Day or the date specified as the recognized holiday5. Labor Day6. Thanksgiving Day7. Day After Thanksgiving8. Martin Luther King, Jr.'s Birthday11.2Religious HolidaysThe Employer recognizes the following religious holidays:1. Rosh Hashanah - First and Second Days2. Yom Kippur - One Day3. Sukkot - First Day and Eighth Day4. Passover - First, Second and Seventh Days5. Shavuot - First Day9

PJCC closes at 5:00 P.M. prior to the start of religious holidays.11.3PJCC Closures on National HolidaysThe Center may be closed in part or in whole on the above specifiednational holidays or on the date specified as the recognized holiday(Example: Monday, July 5th).Employees who are scheduled to work on a day in which such nationalholiday falls shall be given the day off with pay provided their work unit isclosed that day.Employees in units that remain open on the national holidays and who arescheduled to work, shall be paid double time and one-half the straight timerate of pay for all hours worked on that day.Employees shall be paid at straight time for any national holiday that falls ona scheduled day off. Example: Full-time employee who works Tuesdaythrough Saturday eight (8) hours a day shall be paid for the employee'sregular work week (40 hours) plus eight (8) hours for the national holidaysthat fall on a Monday.11.4PJCC Closures on Jewish HolidaysThe Center may be closed in part or in whole on the above specified Jewishholidays.Employees who are scheduled to work on a day in which such Jewishholiday falls shall be given the day off with pay provided their work unit isclosed that day.Employees in units that remain open on the Jewish holidays and who arescheduled to work shall be paid time and one-half (1 %) the straight timerate of pay for all hours worked on that day. Such employees shall beentitled to take a religious holiday that falls on a scheduled work day(Saturday and/or Sunday) with pay with advanced approval of thesupervisor or be paid time and one-half (1 %) for all hours worked that day.No employee shall be paid for a Jewish holiday that falls on a regularlyscheduled day off.11 .5New Years' EveThe Center shall close at 5 pm on New Year's Eve. Any employee who isregularly scheduled to work evening shift shall be scheduled to work theday shift on New Year's Eve.10

11.6Other Religious HolidaysEmployees who wish to observe other religious holidays shall be permittedto do so either as leave without pay, vacation time or "in lieu" holiday withthe approval of the Employer.11.7Employees Working Less than Forty HoursEmployees working less than forty (40) hours shall earn holiday pay for thenumber of hours worked in relation to the number of hours worked by a fulltime employee.11.8Early Closure on December 25 thThe PJCC may be open limited hours on December 25th. A full-time staffmember who is regularly scheduled to work on December 25th will work thehours the PJCC is open and be paid the balance of their regularlyscheduled shift.A staff member who requests and is approved to take vacation onDecember 25th will be required to utilize accrued vacation for the hours thePJCC is open and the balance of their regularly scheduled shift will becompensated as paid time off. A staff member, who is not regularlyscheduled to work on December 25th, will not receive any additional paidtime off.Pay for staff working at least 20 hours, but less than 40 hours per week, willbe prorated accordingly.Section 12. Leaves of Absence, Sick Leave, Bereavement Leave12.1Sick Leave12.1.1AccrualPaid sick leave will be accrued at the rate of thirteen (13) workdays per year(1.08 days per month) accruable up to three months (66 workdays).Employees working less than forty (40) hours shall earn sick leave for thenumber of hours worked in relation to the number of hours worked by a fulltime employee. A certificate by a health care professional may berequested by the Employer if a pattern of absences has been established,abuse is suspected or if FMLAlCFRA certification is needed. Employeeshall be notified in advance of the need to obtain such verification.12.1.2 UsePaid sick time can be used for the following reasons: Diagnosis, care or treatment of an existing health condition for anemployee or covered family member, as defined below.11

Preventive care for an employee or an employee's covered familymember.For certain, specified purposes when the employee is a victim ofdomestic violence, sexual assault or stalking.For purposes of paid sick leave, a covered family member includes:A child defined as a biological, foster or adopted child; a stepchild; or a legal ward, regardless of the age or dependency status of the child. A"child" also may be someone for whom the employee has accepted theduties and responsibilities of raising, even if he or she is not theemployee's legal child.A "parent" defined as a biological, foster or adoptive parent; a stepparent; or a legal guardian of an employee or the employee's spouseor registered domestic partner. A parent may also be someone whoaccepted the duties and responsibilities of raising a child when the childwas a minor, even if the employee is not the legal parent. A spouseA registered domestic partnerA grandparentA grandchildA sibling12.1.3 Use of Sick Leave for FamilyFor eligible employees, sick leave may be taken for one or more of thefollowing reasons: The birth of the employee's child, or placement of a child with the employeefor adoption or foster care (FMLAlCFRA);For incapacity due to pregnancy, prenatal medical care or child birth (FMLAonly);For a serious health condition that makes the employee unable to performhis or her job (FMLAlCFRA);To care for the employee's spouse, child, or parent who has a serioushealth condition (FMLAlCFRA);To care for the employee's registered domestic partner (CFRA only).12.1.4 Notice to EmployerIt is the responsibility of the employee to provide advance notice to theEmployer when absent from work. Except for emergencies, such noticeshould be given at least one hundred twenty (120) minutes prior to the startof the employee's scheduled starting time. It is management's responsibilityto provide a reasonable notification system.12

It is the responsibility of the Employer to obtain a substitute if required.When appropriate, a list of qualified substitutes shall be maintained andupdated by the Employer.12.1.5 Integration with State Disability InsuranceAn employee who is eligible for paid sick leave and State DisabilityInsurance (SOl) and who is absent from work due to illness and/or injuryshall receive sick leave pay for each accrued paid sick leave day whichhe/she takes, less that amount which the employee receives pursuant toState Disability Insurance (SOl). Coordination of paid sick leave and SOlwill not result in any employee earning more than the employee would haveearned if in active status.12.1.6 Benefits Eligibility while on Medical LeavesPJCC shall continue to administer medical leaves of absence pursuant tothe FMLA (Family Medical Leave Act), CFRA (California Family Rights Act)and POL (Pregnancy Disability Leave). The details of administration,eligibility and continuation of benefits are provided in the PJCC EmployeeHandbook.The CEO at his/her discretion may grant an extension of the disability leaveup to an additional year.12.1.7 Benefits Accrual While on Medical LeaveDuring periods of disability during which an employee is receiving paidleave he/she shall continue to accrue seniority, vacation leave, sick leave,health and welfare benefits and pension benefits (Employer's contribution)and pension benefits, provided the employee is otherwise eligible for suchbenefits.In the event the employee is also receiving State Disability Insurancebenefits during said period of disability, then the employee shall accruesuch benefits on a pro-rata basis directly proportional to the ratio of sickleave pay received to State Disability Insurance (SOl) benefits received.Employees shall receive health and welfare benefits during any period forwhich he/she is receiving full or partial sick leave pay.12.2Child Bonding LeaveEmployees are entitled to Child Bonding Leave pursuant to State andFederal law. Eligibility and administrative provisions

Side Letter of Agreement -Summer Camp Work . 29 ii . AGREEMENT between PENINSULA JEWISH COMMUNITY CENTER . The program philosophy of the Peninsula Jewish Community Center (PJCC) is to foster Jewish culture, heritage and tradition. This Agreement

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