1305M323RNFFT0006 Attachment 1 Current CBA.pdf

The Union reserves the right to add, withdraw or amend proposals until such times that any and all tentatively agreed items are ratified by bargaining unit members.

BELOW REPRESENTS ALL CURRENTLY AGREED TO OR TA ITEMS IN THE UIW/LYNKER 2022/23

NEGOTIATIONS

1/26/23

NON-ECONOMIC

Five-year agreement effective 02/01/2023.

All language herein that specifies a Field Coordinator shall be changed to Port Coordinator

Article 1

1.01 The Company, or its successor, recognizes the Union as the exclusive bargaining representative for all company Marine Biologist/ Fisheries Observers working in connection with the Pacific Islands Region Observer Program or its successor, hereinafter referred to as “employee” or “employees”, excluding Port Coordinators, supervisors, office clerical and all other employees of the Company.

Article 2

2.03 The Company further agrees to forward the amount of dues, initiation fees or agency fees deducted, to the Union not later than the twenty-first (21st) day of the month following the month in which the deduction were made. A list of those from whom deductions were made, copies of dues check-off authorization forms (sent electronically), their social security numbers, most recent dates of hire, daily rates of pay and the amount of such deductions will be furnished to the Union along with the remittance to: 5201 Capital Gateway Drive; Camp Springs, Maryland 20746, Attn: Secretary/Treasurer.

Article 3

3.01 An individual will be considered employed when the person is active on the roster list accepting all deployments (subject to the assigned vessel meeting mandatory safety requirements) or is on a leave of absence not exceeding thirty (30) days, and those employees who have one hundred and eighty-one (181) sea days or more supporting the Pacific Islands Region Observer Program (PIROP), on a leave of absence not exceeding sixty (60) days. Employees will be guaranteed a minimum of ten (10) days off following the last day of debriefing before being placed back on the active roster list; during which time they will be considered as employed.

Attachment 1

Leave requests will be granted on a first come first served basis. Seniority will be a determining factor only in the event of multiple requests being received simultaneously. The contractor reserves the right to, at any time, approve extended leaves of absence over and above the requirements covered in this section.

3.02 Subparagraph b)

When a vessel is selected to carry an observer the name at the top of the list shall receive the assignment. Observer will be given a minimum of twenty-four (24) hours’ notice for vessel assignment. Notice shall be defined as one (1) phone call and/or one (1) text message. The Observer will then have up to, but no more than, one (1) hour to respond confirming they are accepting the assignment.

3.02 Subparagraph f)

An observer will not be assigned to, or be scheduled for a placement on, a vessel that the company knows is not mechanically ready to depart for sea.

3.02 Subparagraph g)

The company shall have multiple bed bug treatment and amelioration products with application methods available to the Observers. They will also ensure the Observers are properly trained on their effective employment. Additionally, the company will use all its influence to convince repeatedly overly infested vessels to employ total vessel treatments to reduce bed bug infestation. If necessary, the company will engage regulatory and trade association leaders to assist in influencing repeatedly infested vessels to undertake such treatments.

3.02 Subparagraph h)

If an Observer has already gone through the placement process, and the vessel is delayed more than five (5) days leaving port, they shall have the option to go back on the list and take another boat. The Observer shall also be placed back to the position on the list for assignment on the next vessel available.

3.02 subparagraph i) During placement meetings, the Port Coordinator and Observer shall ensure there is a designated private area to go to the bathroom. For female Observers, federal regulation (Title 50, 655.207) requires reasonable privacy be provided. The designated bathroom area shall also be available during vessel operations. All boats are to have comparable arrangements for Observers that are available to the vessel’s crew. However, if an Observer needs to go to the bathroom, and there’s no private space on deck on boats without a bathroom, they shall be allowed to go inside.

3.02 subparagraph j) During placement meetings, the Company and Observer shall inspect the vessel to ensure vessel accommodations are at least equal to that provided to a full crew member. A mattress or a cot is not acceptable if a regular bunk is provided to any crew members, unless other arrangements are approved in advance by the Government’s COR. If a vessel normally has cabins for crew members, female observers on a vessel with an all-male crew must be accommodated with either a single person cabin or, if the Company concludes that adequate privacy can be ensured by installing a curtain or other temporary divider, a two-person shared cabin is acceptable. If the vessel normally does not have cabins for crew members, alternative accommodations must be agreed to by the Company. If a cabin assigned to a female observer does not have its own toilet and shower facilities that can be provided for the exclusive use of the observer, or if no cabin is assigned, then arrangements for sharing facilities must be established and approved in advance by the Company. The Company is responsible to ensure that observers are provided living quarters, fresh drinking water, and the same type and quality of meals, snacks, and amenities as are normally provided to other vessel personnel.

3.02 Add new subparagraph k)

Observers shall have the right to refuse deployment on a vessel they perceive as unsafe.

However, refusal by any observer to board a vessel after the inspection must be documented and discussed between Company management and the Government’s COR to determine the appropriate course of action. An observer’s refusal to accept a vessel assignment due to perceived unsafe conditions shall not become grounds to terminate the observer. The Observer shall also be placed back to the position on the list for assignment on the next vessel available once the review of the unsafe claim is complete. The Union shall be entitled to a copy of the review upon request. Also, when an Observer declines a vessel under this clause, it may be recorded by the company for review and further analysis.

Article 4

4.02 List of Persons to be employed. The Company shall submit to the Union a preliminary list of all prior employees it intends to re-employ and a similar list of other employees recruited. The Company will send to the Union at the time it submits to NMFS the list of Observers it intends to register for briefing or training. The company also agrees, upon request from the Union, to provide a current active employee list to the Union.

Article 8

8.01 For Observers/employees, all sampling gear for the collection of specific data and safety gear shall be provided by the government. All gear is the property of the government and observers are responsible for its maintenance and the return of the gear to the Company in a timely manner. Gear and sampling equipment should be returned in clean condition. The Company shall maintain and re-supply all observer gear, equipment, and supplies throughout the contract performance period. The Company shall re-supply existing gear and supplies, and if the Company wants to buy a new type of supply or gear, they must discuss with the COR (Contracting Officer's Representative).

Article 10

10.06 Pay Periods shall be twice per month, following the Company standard pay schedule, beginning on the first and sixteenth of the calendar month. Observers will be paid no later than the eighth (8th) and twenty-third (23rd) of each calendar month. I-9 forms and W-4 forms must be completed before an Observer can be hired.

10.08 Employee paychecks will be directly deposited into designated bank accounts. Paycheck vouchers shall clearly and accurately reflect all deductions, withholdings, post haul and other such adjustments with a view to simplifying and making accessibly to payees such information.

Upon request from the Observer, the company agrees to provide post haul overtime information by trip number for up to one (1) CBA contract year or six (6) months in arrears whichever is greater.

Article 12

12.01 Housing during training The Company will provide housing for all trainees in good standing, in a safe location, during the training class and for the duration of their initial contract. Company will provide a bus pass in a reasonable time. The house will be in a good neighborhood. Trainees will have enough space to cook, sleep, store gear, and complete assignments. The company shall provide dish soap, dishwasher detergent, hand soap and toilet tissue. They shall also ensure the housing is kept clean to a reasonable extent. Appliances shall be inspected no less than once per quarter in the calendar year to maintain good working order.

Additionally, Company will lodge observers at the house during their probationary period between deployments. These will be observers on their initial contract. The observers will be allowed to store personal possessions at a secure store unit at the house during their initial contract. Once observers complete the training and their original contract plus 10 calendar days, Company will not be required to provide lodging at the house.

12.02 The Company agrees, as long as housing and space is available, to provide lodging for all current Observers, upon their request, on a first come first serve basis within tier priority. However, Trainees and Probationary Observers shall have first priority. There will be a company determined nominal fee for any active Observer who wishes to utilize housing. It is further agreed that any lodging provided, to the best of the company’s ability, shall be kept free from any form of harassment and/or intimidation by property management and/or Observers.

Further, any company-provided housing for Observers is considered part of the workplace so the company's anti-harassment policies apply. As such, harassment of any kind will not be tolerated. Company agrees to promptly and thoroughly investigate any claim and take appropriate action where it finds that a claim has merit. Actions may include counseling, reprimand, loss of housing privileges, and any company policy actions up to and including termination.

12.03 Surveillance, Security, Safety The primary intent of any camera or surveillance equipment is for property security, Observer safety, and incident review purposes only.

Article 20

DURATION

20.01 This Agreement shall be effective from February 1, 2023 to January 31, 2028.

20.02 In the event technological advances/changes, including but not limited to Electronic Monitoring, has an impact on the terms and conditions as set forth in this Agreement, the parties agree to bargain over the effects of those changes.

Dated this ________________ day of _____________________________________, 20_______

For Lynker Technologies LLC. For AFD-UIW

Scott Dratch Warren Asp

ECONOMIC

1/26/23

Five-year agreement effective 02/01/2023.

However, the following economic sections shall become effective at the start of the follow-on government contract in 2023:

6.01, 7.02, 9.01, 9.01 A, 9.04, 10.01, 10.02, 10.03, 10.04, 10.05, 10.07, 19.01

Article 5

5.01 When the Observer is required to travel outside of Honolulu for a deployment, transportation for employees between point of hire or gear shack and point of deployment, transportation for employees between points of disembarkation and points of re-deployment, transportation for employees between point of disembarkation and gear shack shall be furnished by the Company. Travel associated with observer deployments will be reimbursed for the actual costs incurred (without profit, G&A, or overhead) which shall not exceed the amount listed in an individual task order. Travel expenses authorized shall be reimbursed at cost and in accordance with the Federal Travel Regulation (www.gsa.gov/ftr). Air fares shall consist of the actual, but not to exceed the lowest customary standard, coach, or equivalent airfare during normal business hours or as otherwise provided in FAR 31.205- 46(b). The Company will provide all necessary lodging. The parties recognize that it may be necessary to cancel or reschedule departures. Where rescheduling or cancellation was due to unforeseeable cause(s) beyond the control and without fault or negligence of the Company, penalties imposed by airlines or other travel related services shall be treated as allowable reimbursable costs. All travel, subsistence and local transportation will be in accordance with rates set by the Federal Travel Regulations and in the contract Schedule.

Article 6

6.01 Effective start of the follow-on government contract:

Physical Examination. New hires shall submit, at the Company’s expense, up to one hundred dollars ($100.00), to an examination by their own physician, or Company shall pay the complete costs of the examination at such time and places as the Company may designate. The Company shall also provide a medical physical fitness screening if the observer has not observed for the Hawaii Longline Pacific Islands Region Observer Program in the previous two (2) years or twenty-four months (24 months) prior to the beginning date of the scheduled observer training or briefing session. Prior employees who have not had a physical exam in the twelve (12) months preceding a given deployment will also submit to an examination by their own physician or a physician at such time and place as the Company may designate. The exam shall be valid for the duration of the contract.

The observer must be certified by a physician to be physically and medically fit to work as observers aboard commercial fishing vessels according to specifications laid out by NMFS as described in the Company provided documentation.

6.03 The company shall provide in its health plan coverage the total cost of an annual routine medical exam for employees.

Article 7

7.02 Effective start of the follow-on government contract:

Health Care: The Company will provide healthcare and disability insurance in the types and amounts required by Federal or State regulations or requirements while employees are employed under this Agreement as set forth in Section 3.01 above. The Company will be responsible for 100 percent of the costs of providing this coverage. For the purposes of establishing the amount of TDI (Temporary Disability Insurance), benefit eligibility for disability shall be based on actual hours worked over the 8 weeks preceding the disability. In reporting wage information, the company shall use gross wages, which include wages and all other remuneration such as commissions, bonuses, tips, cash value of meals, and lodging etc.

Healthcare eligibility will begin in the month that the employee begins work; normally defined as the day the observer conducts the placement meeting prior to deployment. The employee will be placed on health insurance on the first day of the month following eligibility and health insurance will remain in force for the duration of the time that the employee is considered employed per Article 3.

For extended leaves of absence beyond what’s described in Section 3.01, the costs of continuation of health insurance will be the responsibility of the employee through Consolidated Omnibus Budget Reconciliation Act (COBRA). It is the responsibility of the employee to initiate the COBRA enrollment process prior to the end of employment. With the understanding that Federal or State Law may modify this.

The employee will be removed from health insurance on the last day of the month that the employee is no longer employed as described in this section.

7.03 If a pandemic or any other similar health crisis arises, the Union and the Company agree to meet to discuss the affects.

7.04 If the company requires an Observer to take a medical diagnostic test for any employment reason, the cost shall be borne by the company. The company shall also make every effort to have such test available for the Observer. If the Observer comes out of pocket for a test, they shall be reimbursed by the company.

Article 9

9.01 Effective start of the follow-on government contract:

Training pay shall be the equivalent of Grade Level 1 wages plus two dollars ($2.00) per hour for eight (8) hours of work per training day, for a maximum of three (3) weeks, to employees upon successful completion of their training in the Hawaii Fishery.

9.01a) Effective start of the follow-on government contract:

All time spent training by the Observer shall be done while they’re under paid status. In the event they are unable to do this while under paid status, the company will pay them the Grade 1 hourly rate for all time spent training.

9.04 Effective Start of the follow-on government contract:

Debriefing Pay: Observers will be paid a fixed flat rate of seven hundred dollars ($700.00) for debriefing.

Article 10

10.01 Effective start of the follow-on government contract:

At sea pay: At sea pay will be a minimum of eleven (11) hours per day (eight (8) hours at Base Hourly Rate and three (3) hours at Overtime Rate). The eleven (11) hours shall be to encompass any work necessary. Any hours worked over forty (40) hours per week will be paid at the Overtime Rate which is one and a half (1.5) times the Base Hourly Rate. The rate of pay listed below are based on hourly rates. The work week begins 0000 hrs. Sunday and ends on 2359 hrs.

the following Saturday.

Wages shall increase at a rate of seven percent (7%) effective start of the new contract in 2023.

Wages will again increase two and a half percent (2.5%) on February 1, 2025 through January 31, 2026; and wages will again increase by two and a half percent (2.5%) on February 1, 2026 through January 31, 2027; and wages will again increase by two percent (2.0%) February 1, 2027 through January 31, 2028.

Observers will receive pay increases based on Sea Days accordingly effective start of the new contract.

Table I Pay

Grad e

Sea Days

2023 2025 2026 2027

1 0-180 $22.81 $23.38 $23.96 $24.44 2 181-420 $24.77 $25.40 $26.03 $26.55 3 421-999 $27.22 $27.90 $28.60 $29.31 4 1000-1999 $28.23 $28.93 $29.65 $30.24 5 2000-2999 $29.76 $30.50 $31.26 $31.88 6 3000+ $31.40 $32.18 $32.98 $33.64

Additionally, observers will be paid two dollars ($2.00) per hour up to a maximum of eight (8) hours per day and forty (40) hours per week.

10.02 Effective start of the follow-on government contract:

Employees shall receive two hundred and fifty dollars ($250.00) for each placement meeting.

Note: The increase in placement pay contemplates ending the current practice of reimbursing for travel as per Section 5.01 within an employee’s tax home which is for all intents and purposes Honolulu, Hawaii.)

10.03 Effective start of the follow-on government contract:

Pending Departure Status: When employees have been assigned to a vessel, the placement meeting has taken place and the vessel does not leave port, the observer will be compensated one hundred and twenty-five dollars ($125.00) per day, as standby pay, for up to four (4) days until the vessel leaves port. After four (4) days the Observer may choose to exercise Section

3.02 (h) of this agreement.

10.04 Effective start of the follow-on government contract:

Vacation Pay shall be seven percent (7%) of straight time pay, not to exceed the equivalent of ten (10) eight (8) straight time hour days per year.

10.05 Effective start of the follow-on government contract:

Federal holiday pay: Eleven (11) paid holidays per year paid at double time. These days are:

New Year’s Day, Martin Luther King Day, Washington’s Birthday, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, Christmas Day.

10.07 Effective start of the follow-on government contract:

Upon completion of training/briefing in Honolulu and prior to deployment in the field, an employee shall upon request, be advanced up to the sum of four hundred dollars ($400.00) to cover travel-related expenses if observer is departing from a port other than Honolulu. This amount shall be deducted from the observer’s salary payment. Personal charges (by employees) including charges for gear or equipment to company accounts shall also be deducted from the employee’s salary. Employee hereby authorize this deduction from paycheck.

10.09 For Observers deployed in American Samoa, or like areas in that region, they shall receive a food per-diem as dictated by the federal travel regulations.

10.10 Port Stop If an Observer experiences a Port Stop that exceeds forty-eight (48) hours, they shall be entitled to receive any leftover standby pay they may have from the start of the trip.

Article 19

Pension

19.01 Effective start of the follow-on government contract:

The Company shall be required to offer a 401k retirement plan. Such plan shall include a matching option.