AMNT 0004 - Executed Atlanta CBA 22-25.pdf

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

TELAFORCE, LLC

And

INTERNATIONAL ASSOCIATION OF MACHINISTS AND

AEROSPACE WORKERS, AFL-CIO,

DISTRICT LODGE 131

Contents

ARTICLE I - PREAMBLE

ARTICLE II - RECOGNITION

ARTICLE III – NO DISCRIMINATION

ARTICLE IV – NOTIFICATION

ARTICLE V – DUES CHECK OFF

ARTICLE VI – SECURITY

ARTICLE VII – MANAGEMENT RIGHTS

ARTICLE VIII – SENIORTY

ARTICLE IX – LAYOFF AND RECALL

ARTICLE X – INTRODUCTORY PERIOD

ARTICLE XI – JOB POSTING

ARTICLE XII - EMPLOYEE CLASSIFICATIONS

ARTICLE XIII - CHANGES IN JOB CLASSIFICATIONS

ARTICLE XIV - BARGAINING UNIT WORK

ARTICLE XV - COMPANY RULES

ARTICLE XVI - DISCHARGE AND DISCIPLINARY ACTION

ARTICLE XVII - GRIEVANCE PROCEDURE

ARTICLE XVIII - ARBITRATION

ARTICLE XIX - UNION STEWARD

ARTICLE XX - UNION ACCESS TO FACILITIES

ARTICLE XXI - NO STRIKE/NO LOCKOUT

ARTICLE XXII - HOURS OF WORK

ARTICLE XXIII - WAGES

ARTICLE XXIV - OVERTIME

ARTICLE XXV - VACATION

ARTICLE XXVI - HOLIDAYS

ARTICLE XXVII - JURY DUTY

ARTICLE XXVIII - FAMILY & MEDICAL LEAVE

ARTICLE XXIX - FUNERAL LEAVE

ARTICLE XXX - INCENTIVE PLANS

ARTICLE XXXI - INSURANCE

ARTICLE XXXII - HEALTH & WELFARE

ARTICLE XXXIII - RETIREMENT SAVINGS PLAN

ARTICLE XXXIV - EFFECT OF LAW

ARTICLE XXXV - MISCELLANEOUS PROVISIONS

ARTICLE XXXVI - DURATION OF AGREEMENT

ARTICLE - I PREAMBLE

Section 1: This Agreement is effective October 1, 2022, by and between Telaforce LLC, hereinafter referred to as the "Company", and District Lodge 131 and its Local Lodge 611 of the International Association of Machinists and Aerospace Workers, AFL-CIO, hereinafter referred to as the "Union".

ARTICLE II - RECOGNITION

Section 1: The Company recognizes the Union as the sole and exclusive collective bargaining agent on behalf of all of the employees of the Company within the bargaining unit as hereinafter defined, with respect to wages, hours, and all other terms or conditions of employment.

Section 2: The Company hereby recognizes the Union as the sole and exclusive bargaining representative of all full-time and regular part-time Interviewers I and Interviewers II performing the JOLTS survey employed at 61 Forsyth St. SW, Atlanta GA, in keeping with a certification issued by the National Labor Relations Board on October 30, 2015, in case no. 10-RC-160991, for the purpose of collective bargaining with respect to wages, hours of work, and other conditions of employment of employees in the bargaining unit as herein defined.

Section 3: The Company hereby recognizes the Union as the sole and exclusive bargaining representative of all full-time and regular part-time Interviewers I and Interviewers II performing the CES survey employed at 61 Forsyth St. SW, Atlanta, GA, in keeping with a certification issued by the National Labor Relations Board on November 25, 2015, in case no. 10-RC-162816, for the purpose of collective bargaining with respect to wages, hours of work, and other conditions of employment of employees in the bargaining unit as herein defined.

ARTICLE III – NO DISCRIMINATION

Section 1: The Company and the Union agree that neither will discriminate against any employee in any term or condition of employment because of an employee’s race, color, religion, sex, disability, genetic information, age, national origin, membership or non-membership in the Union, or any other prohibited basis of discrimination under applicable local, state or federal laws.

ARTICLE IV – NOTIFICATION

Section 1: Employees must furnish the Company with their address and telephone number immediately upon employment. Thereafter, the employee must notify the Company promptly, in writing, about any change in address or telephone number. The failure to either furnish the information or notify the Company of a change will relieve the Company of any obligation to provide notice to the employee under any provisions of this Agreement. If an employee fails to respond to a notice or message from the Company within five (5) days of its transmission, the Company’s obligation to the employee under this Agreement ceases.

ARTICLE V – DUES CHECK OFF

Section 1: Upon receipt of a signed voluntary deduction authorization, the Company shall deduct out of the employee’s wages the monthly amounts due to the Union by said employee on a bi-weekly basis, and shall continue said deductions until such authorization is duly revoked by the employee.

Section 2: The Union agrees to and does hereby hold and save the Company harmless from any and all liability, responsibility, or damage for deduction, payment authorization, or notification as provided for in this Article, specifically including, but not limited to, the Company’s agreement to deduct dues, from the employee’s paycheck and the Union assumes full responsibility for the disposition of the funds so deducted when turned over to the Secretary-Treasurer of the Union.

Section 3: The Company shall deduct from the employee’s by-weekly paycheck one twenty-sixth (1/26) of the annual dues payable by the employee to the Union. The Company shall remit said amounts to the Union on a bi-weekly basis. The Company will remit said deductions to the Secretary Treasurer.

ARTICLE VI – SECURITY

Section 1: The Union recognizes that the Company may now have, or may incur in the future, obligations with respect to the security of information and materials under contract with the Government.

Section 2: The Union agrees that nothing contained in this agreement, or requirement from the government shall place the Company in violation of security agreements with the Government.

Section 3: It is understood by and between the parties hereto that, as a necessary condition of continued employment, employees shall be subject to investigation for security clearances or national agency checks and/or unescorted entry authorizations under regulations prescribed by the United States Government on government work, and that denial of such clearances and/or unescorted entry authorization shall be cause for discharge from the Company due to inability to meet job requirements.

Section 4: It is understood that there shall be no liability on the part of the Company for any discharge growing out of the denial of clearance and/or unescorted entry authorization.

ARTICLE VII – MANAGEMENT RIGHTS

Section 1.

The right to manage the business, direct its working forces, and to maintain rules and regulations governing the operations. the worksite and the conduct of employees is vested solely and exclusively in the Company. Subject to the express and specific terms of this Agreement, the Company shall have the exclusive right to manage the site and business including, but not limited to; the right to suspend, discipline, or discharge for just cause; the right to hire and to determine the competency of employees; the right to transfer, classify, reclassify, promote, or demote employees, and to relieve or terminate employees from duty because of lack of work or for other legitimate reasons; the right to maintain quality and efficient operations; the right to establish new jobs, abolish or change existing jobs; the right to establish work schedules and make changes therein;

the right to reasonably establish, change or abolish policies, practices, rules, procedures and regulations for the conduct of business and to prescribe and require employees to observe work rules and regulations including, but not limited to, safety rules, drug and alcohol policies and testing procedures, and attendance regulations; the right to require overtime work; the right to assign work of any kind to any employee irrespective of the employment classification, and the right to determine performance metrics and standards; the right to contract out work; the right to introduce new or improved methods or facilities and to extend, limit, discontinue or curtail its operations when it deems advisable to do so; and all other prerogatives and responsibilities normally inherent in management provided the same are not clearly prohibited by any of the specific terms of this Agreement. All rights, powers, or authority which the Company would have had without a legally recognized bargaining agent or in the absence of this Agreement are retained by the Company except as otherwise expressly provided herein.

Section 2.

This Article is a material part of this Agreement. In the event of any ambiguity, or conflict between this Article and another Article in this Agreement, the terms of this Article will control.

Section 3

Nothing set forth in Sections 1 & 2 Article VII shall be construed as the waiving of any rights, protections, or lawful objectives by the Union which are set forth in the National Labor Relations Act as amended to date.

ARTICLE VIII – SENIORTY

Section 1: The Company recognizes the principle of seniority. Seniority is an employee’s most recent period of continuous employment with the Company (or its predecessor) working in a position under either the JOLTS or the CES contract.

Section 2: The Company will maintain two separate seniority lists, one for JOLTS and another for CES. To the extent any Article of this Agreement refers to or is affected by seniority, it is understood that said seniority only will apply within the affected group (CES or JOLTS). For example, if there is a layoff affecting both groups, the layoff shall be conducted according to seniority in each group without reference to the other group. As another example, in the event of a recall in one group but not the other, only the seniority list involving the group in which the recall occurs will apply. The Company will post each seniority list annually and provide the Union with a copy. In the event of a tie, the employee whose last four numbers of his/her social security number are lowest shall be deemed the most senior.

Section 3: An employee’s seniority will be lost and, with the exception of subsection i., employment will be terminated in the following instances:

3. Discharge;

b. Voluntary quit;

c. Failure to return to work on the specified date following layoff;

d. Failure to perform any work for the Company for a period that is the lesser of nine (9) months or the employee’s seniority with the Company, unless an extension is required by applicable law, in which case, the Company will meet with the employee to discuss accommodation options;

e. Failure to return to work on the specified date after a leave of absence or vacation;

f. An unexcused absence of three (3) consecutive days without notifying the Company;

g. Acceptance of a non-bargaining unit position for more than 60 days;

h. Retirement; or

i. Transfer from the JOLTS contract to the CES contract or from the CES contract to the JOLTS contract.

ARTICLE IX – LAYOFF AND RECALL

Section 1. In instances of layoff and recall, the Company will first consider employees’ demonstrated skills, ability and performance when deciding which employees to layoff.

When, in the Company’s sole judgment, there are two or more employees of relatively equal skill, ability and performance performing the same job, The principle of seniority will govern which employee will be laid off first. Probationary employees will be laid off prior to regular employees on the seniority list.

Section 2. In the event of a restoration of the workforce, employees will be recalled in the reverse order in which they were laid off, provided, however, that the employees being recalled still have the ability and qualifications to perform the work.

Section 3. Employees have two (2) weeks to return to work after being recalled by any verifiable means.

ARTICLE X – INTRODUCTORY PERIOD

Section 1: Every employee will go through an introductory period in order to learn about the Company and about the employee’s job. The introductory period will last ninety

(90) days, although it may be extended at the Company’s sole discretion one time by an additional ninety (90) days.

Section 2: An introductory employee may be discharged at any time during the introductory period if the employee’s Supervisor concludes that the employee is not progressing or performing satisfactorily. Such discharges are made at the sole discretion of the Company, are not reviewable and are not subject to the grievance and arbitration provisions contained in this Agreement.

ARTICLE XI – JOB POSTING

Section 1: Job vacancies for Interviewer II positions shall be physically and electronically posted, along with the qualifications required, for five (5) work days.

Section 2: The Company will choose the successful candidate based on demonstrated skill, ability and performance. When, in the Company’s judgment, there are two or more employees of relatively equal skill, ability and performance (which includes is but not limited an employee’s attendance, work performance and production record), the principle of seniority will govern. If no qualified candidate applies or no bid is received, the job may be filled by the Company from any other source. The Company retains the right to determine the qualifications necessary to perform any particular job or the right to hire non-employee applicants if, in the Company’s sole judgment, qualified employees do not sign the job posting.

Section 3: In the event the successful bidder proves unsatisfactory during a trial period not to exceed ninety (90) days, or chooses not to continue in the new position within ten

(10) days of accepting the position, the employee will go back to their previously held classification so long as an opening exists in that classification. If no opening exists, the Company can, at its sole discretion, create an opening or discharge the employee.

ARTICLE XII - EMPLOYEE CLASSIFICATIONS

Section 1: Employees will be assigned to one of two (2) classifications: regular full-time, regular part-time.

Section 2: Regular full-time employees are those employees who are regularly scheduled to work an average of not less than 40 straight-time hours per week. Regular full-time employees are eligible for all benefits to the extent required by the Service Contract Act.

Section 3: Regular part-time employees are those employees who are regularly scheduled to work at least eighty (80) hours per month on a regular and continuous basis.

Determining what constitutes “regular and continuous” is at the Company’s sole discretion. Regular part-time employees are eligible for all benefits to the extent required by the Service Contract Act.

ARTICLE XIII - CHANGES IN JOB CLASSIFICATIONS

Section 1: Job Changes by the Company: The Company may make changes to the overall organization and assignments of work within the bargaining unit at its sole discretion. Such changes are not subject to negotiation. However, material changes to the job classifications covered by this Agreement, unrelated to a request by the Customer, are subject to negotiation solely over the wage rate. Moving different kinds of existing work between bargaining unit members or changing the amount or kind of existing work a particular bargaining unit member performs does not constitute a “material change.” By contrast, adding new work that has never been performed by any bargaining unit member could constitute a “material change” if the amount and duration of the new work is substantial.

Section 2: Job Changes by the Customer: Changes in work assignments, job content, organization of work, job duties or corresponding job descriptions that are necessitated by Customer requirements or requests are not subject to negotiation for any purpose and may be implemented in the Company’s sole discretion. Should such changes occur, the Company will respond to Union requests for information regarding the need for the change.

Section 3: The existing job descriptions for job classification titles covered by this Agreement are made a part of this Agreement.

ARTICLE XIV - BARGAINING UNIT WORK

Section 1: The Company retains the right to assign supervisory personnel to perform bargaining unit work in an emergency, for quality control, or as business needs require.

Supervisors performing bargaining unit work shall in no way reduce the work force or contribute to a reduction in hours.

ARTICLE XV - COMPANY RULES

Section 1: The Company has the right to establish reasonable work rules, regulations and disciplinary policies not in conflict with the terms of this Agreement, with such additions and revisions thereto, as are made by the Company.

Section 2: The Union will be notified of any new or revised Company rules ten (10) workdays prior to implementation. The extent of any penalty levied against an employee for an alleged violation of the rules, regulations and disciplinary policies, such is subject to the grievance procedure. This notification requirement does not apply to changes to production methods, requirements, metrics and expectations.

Section 3: Employees are expected to sign all forms deemed necessary by the Company relating to their employment.

Section 4: Because the efficient operation of this business is important to all parties, including bargaining unit employees, the Union and the Company agree that this Article will survive and remain in full force and effect after the termination of this Collective Bargaining Agreement.

ARTICLE XVI - DISCHARGE AND DISCIPLINARY ACTION

Section 1: It is understood and agreed the Company may discipline or discharge any employee covered hereby for just cause and all discipline will be administered consistently throughout the bargaining unit. Should an employee feel such action improper and in violation of the employee's rights under this Agreement, the employee shall be extended all the rights and privileges accorded by the grievance and arbitration procedures contained herein.

a. A letter of warning, final letter of warning, suspension or discharge shall be removed from the employee's file and shall no longer have any future effect if it has been found through the grievance and/or arbitration procedure to have been unjustifiably issued.

b. Removal of Discipline from Employees’ Files

i. In the case of discipline for attendance, e.g. tardiness and absenteeism, records of that discipline will be removed after a period of Six (6) months from the date of the last infraction. In cases of discipline for unsatisfactory production numbers, records of that discipline will be removed after a period of six (6) months from the date of the last infraction. If during the periods described above the employee commits another violation, the period shall restart from the date of the violation.

ii. For cases of discipline involving conduct other than attendance and unsatisfactory production numbers, the records of that discipline shall remain in the employee’s file for a period of twenty four (24) months from the date of the last infraction except as provided for in paragraph (a) herein.

c. The Company has the right to establish reasonable work rules and regulations, not in conflict with the terms of this Agreement, with such additions and revisions thereto, as are made by the Company.

d. The extent of any penalty levied against an employee for an alleged violation of the rules and regulations is subject to the grievance procedure.

e. It is understood and agreed that any disciplinary action issued to an employee by the Company shall be issued within ten (10) work days following knowledge by the Company of the occurrence of the alleged violations. The above specified time limit may be extended by mutual written agreement of the parties, meaning the Company and the Union.

f. Letters of Warning or Suspension once removed from an employee’s file in accordance with (a) or (b) herein shall not have any future effect on discipline.

Section 2: In cases where an employee is asked to participate in a disciplinary interview in which the employee reasonably believes discipline may result, the employee may request the presence of a steward of the employee’s choice at the interview. The representative will not interfere with the interview or speak for the employee. However, the representative may ask clarifying questions, ask the represented employee if they understand questions, and caucus with the member prior to the meeting. In the event an employee requests representation during an investigatory interview, the Company has the right to either proceed with the interview or proceed with the investigation without conducting the interview.

Section _3: Discipline for Failure to Meet Performance Metrics.

a. The Company agrees that discipline of employees for failure to meet performance metrics will be focused on improving the employee’s performance and will not be punitive. To accomplish this, the Company agrees to follow progressive discipline in imposing discipline for performance metrics. The only levels of discipline subject to the process set forth herein are final written warnings, and discharge.

Warnings for performance metrics are not subject to challenge. Grievances of suspensions or discharges for performance metrics will proceed immediately to Step 3 of the grievance process.

b. In the event of final written warnings or discharge due to performance metrics, the parties agree to participate in non-binding, confidential mediation. The parties agree to work cooperatively to select a mediator that is mutually satisfactory. In the event the parties are unable to agree on a mediator, they will select a mediator using the same process for selecting an arbitrator. The cost of the mediator, if any, will be shared between the parties.

c. In the event mediation is unsuccessful, the parties agree to submit the matter to arbitration. The sole issue the arbitrator is authorized to decide is whether the Company properly followed progressive discipline when it suspended or discharged the employee. The sole remedies the arbitrator is authorized to award are reinstatement and/or mitigation of the discipline to the appropriate level and back pay if deemed appropriate. Any other remedies are not authorized. The arbitrator is not authorized and may not consider the voluntary nature of the survey at the hearing or in rendering the decision and award. The cost of the arbitrator will be shared between the parties.

ARTICLE XVII - GRIEVANCE PROCEDURE

Section 1: "Grievances" shall mean, and be limited to, disputes or differences between the Company and the Union, or employees so represented, with respect to the interpretation or application of any specific provision of this Agreement. Both parties agree to use their best efforts, including informal meetings involving Management and the Grievant, to resolve matters without resorting to the grievance procedure except that any such meetings shall not extend the time limits set forth in this Article. In the event such informal methods do not resolve the grievance, all grievances shall be reduced to writing and processed in accordance with the following steps:

Step 1: The employee(s), with their steward, shall bring any alleged violation of the Agreement to their Supervisor within ten (10) work days. In the event an employee is unavoidably absent due to illness or injury, or unavailable due to vacation or other approved reasons, the employee's Union representative may bring the grievance to the Supervisor.

Step 2: If the issue is not resolved in Step 1, the employee(s) can file a written grievance on the appropriate form with the Task Manager within five (5) working days after the Step 1 meeting or teleconference, and a meeting or teleconference will be arranged within five (5) working days. The Task Manager will give a written response to the Steward within five (5) working days after the Step 2 meeting or teleconference.

Step 3: If the grievance is not resolved within the first two steps, it may be appealed to the third step by written notice to the Company within five (5) working days of the Step 2 reply. The Human Resource Manager or designee and the Business Representative of the Union, shall schedule a meeting within ten (10) working days after receipt of the appeal to the third step. A written reply from the Company designee will be given to the Union Business Representative within five

(5) working days after the meeting.

Section 2: Failure of the Union to act within the time limits set forth in any step shall cause the grievance to be waived. The Company shall have no obligation to respond to a grievance that is untimely. Time limits in this grievance procedure may be extended through mutual written agreement. Investigation and processing of grievances shall not interfere with the work or production of any employee including Union Stewards.

Section 3: Unless the Parties agree otherwise in writing, no settlement of any grievance will operate as a precedent or a prior past practice for any subsequent situations.

ARTICLE XVIII - ARBITRATION

Section 1: Any grievance which has not been settled pursuant to steps 1, 2 or 3 of the Grievance Procedure, and which involves the interpretation or application of this Agreement, may be referred to arbitration by written notice from the grieving party to the other within ten (10) working days after the Step 3 decision. If the grieving party fails to submit a written notice to the other party demanding arbitration within ten (10) working days after the Company has rendered its Step 3 decision, such grievance, and the position taken by the grieving, shall be deemed to have been waived. The time limits set forth in this Paragraph may be extended by mutual written agreement.

Section 2: The parties shall, by mutual agreement, select an arbitrator. If the Company and the Union fail to agree upon an arbitrator, the grieving party shall request the Federal Mediation and Conciliation Service to submit a list of seven (7) persons from which the arbitrator shall be chosen. The Union and the Company shall alternately strike one name from such list (the party requesting arbitration shall strike the first name) until only one name remains and that person shall be the arbitrator. Each party may reject one panel prior to striking, in which case a new panel will be requested by the Union. The FMCS will be notified of the selection of the arbitrator. The arbitrator will be asked to submit with his acceptance the earliest available hearing date. If the arbitration hearing is not held within sixty (60) days of requesting arbitration, the grievance will be dismissed. If the failure to arbitrate within sixty (60) days is due to the unavailability of the selected arbitrator or the Company representative, the time limit will be extended until the first date the arbitrator and the Company are reasonably available.

Section 3: Both parties will exchange all known evidence bearing on the grievance within seven (7) days of arbitration hearing. Evidence that is discovered at a later date must be provided within a reasonable time of its discovery and may be introduced at the hearing only upon a showing of “good cause” for failure to timely provide the information.

Section 4: In rendering a decision, the arbitrator will be governed and limited by this Agreement’s express provisions and applicable law. In matters relating to employee discipline and/or discharge, the arbitrator's authority will be limited to determining whether the employee engaged in misconduct or other prohibited behavior. The arbitrator will have no authority to add to, subtract from, or modify any of the terms and provisions of this Agreement or substitute his judgment for that of the Company and will confine his judgment strictly to the facts submitted in the hearing, the evidence before him, and the express terms and provisions of this Agreement. The arbitrator's decision will be final and binding upon the parties, unless the arbitrator fails to comply with this Article.

Section 5: Regardless of the outcome of any matter submitted to arbitration, the cost thereof shall be borne equally by the Company and the Union. Such cost shall be limited to the arbitrator's fee and expenses. The cost of any additional services required by either party, including but not limited to attorney fees, shall be borne by the party requesting these additional services.

Section 6: Unless the parties agree otherwise in writing, no settlement of any grievance will operate as a precedent or a prior practice for any subsequent situations.

Section 7: The Union and the bargaining unit members waive their right to pursue any judicial or administrative remedy against the Company as to any matter subject to the procedures established in this Article until such procedures are exhausted. Any settlement under the procedures established under this Article, short of arbitration, will be binding upon the Company, Union and the members of the bargaining unit. The settlement will also preclude any further administrative or judicial relief.

ARTICLE XIX - UNION STEWARD

Section 1: The Company agrees to recognize the Stewards and Chief Steward duly authorized by the Union to represent those employees covered by the terms of this Agreement. The number of Stewards shall be in that number required by the Union to assure each employee in the Unit ready access to a Steward in his/her assigned work location. It is agreed this objective can be achieved with not more than two (2) Stewards in the CES bargaining unit and one (1) in the JOLTS bargaining unit unless modified by mutual agreement of the Company and the Union. There will be one alternate steward designated for each bargaining unit.

Section 2: The Company recognizes and will work with Union Stewards to resolve differences that may occur from time-to-time with respect to the terms and conditions of this Agreement.

Section 3: The Union will provide the Company the name of the designated Steward(s) and alternate Steward(s).

Section 4: Steward’s duties involve gathering information on alleged violations of the Agreement and processing grievances. However, absent express permission from the

Company’s Human Resources Manager, no union business shall be conducted on work time by a Steward or any other member of the bargaining unit and shall not interfere with production.

Section 5: The Steward will be invited to participate in the new hire orientation program for new bargaining unit employees to review information on the local and international organization and new membership procedures. The Steward’s presentation shall not exceed twenty (20) minutes.

ARTICLE XX - UNION ACCESS TO FACILITIES

Section 1: To the extent it has the ability to do so; the Company agrees to allow the Business Representative and/or Grand Lodge Representative access to the facility. To the extent is has the ability to do so, the Company shall allow the Union Representative privacy upon request for the purposes of conducting Union business.

Section 2: In circumstances where the Union representative is not allowed access for security or other reasons outside the control of the Company, it will conduct its investigation off premises.

Section 3: No investigation or other union business shall interfere with bargaining unit employees’ work or production.

ARTICLE XXI - NO STRIKE/NO LOCKOUT

Section 1: During the term of this Agreement, there will be no strike, work stoppage, picketing, honoring of any picket line whatsoever, work slowdown, sympathy strike, deliberate withholding of production, boycott (primary or secondary), handbilling, or any other form of economic pressure directed against the Company or any of its services on the part of the Union, its members, or any individual covered by this Agreement. The Company will not lock out any bargaining unit employee during the term of this Agreement.

Section 2: Neither the violation of any provisions of this Agreement nor the commission of any act constituting an unfair labor practice or otherwise made unlawful by any federal, state or local laws will excuse employees or the Union from their obligations under this Article’s provisions.

Section 3: In the event of any breach of this Article, the Union will immediately declare publicly that such action is unauthorized, will immediately order its members to resume their normal duties and continue to take any necessary action to correct the problem and restore the Company to full operation.

Section 4: The Company will have the sole and exclusive right to determine the discipline given the employee or employees for breach of this Article. Employees disciplined or discharged pursuant to this Article have no recourse under the Grievance and Arbitration procedure.

ARTICLE XXII - HOURS OF WORK

Section 1: The standard workweek will be 40 hours and begin at 12:00 AM Saturday and end at 12:00 PM (midnight) the following Friday.

Section 2: The standard workweek employee schedule will be one in which the employee normally works a forty (40) hour, five (5) day per week schedule, normally Monday through Friday with eight (8) work hours per day. The employee schedule will be a continuous shift with a thirty (30) minute unpaid meal period.

Section 3: The daily work schedule normally will consist of an eight (8) hour day.

Employees normally work either 8:00 am to 4:30 pm or 8:30 am to 5:00 pm.

Section 4: The Company also may, but is not required to, permit employees to work an alternate work schedule consisting of four (4) nine (9) hour days (Monday through Thursday) and a four (4) hour day on Friday. This alternate work schedule shall be based on seniority. Employees in the Introductory Period and employees who are not performing satisfactorily are not eligible for the alternate work schedule. Determination of “satisfactory performance” for the purposes of this article shall be defined as being free of discipline as defined in Article XVI, Section 3.

Section 5: The employees working remotely will be governed by the relevant BLS Telework Agreement.

Section 6: The foregoing notwithstanding, the Company may vary work schedules as may be required to meet Customer or production requirements. In addition, during weeks containing a holiday, first closing or supplemental day, schedules will be changed to accommodate production. In the event of a change resulting from a Customer request, the Company will provide notice to the Union as soon as practicable after it becomes aware of the need for the change. The decision to make and implement the change shall not be subject to negotiation. However, the Company and the Union agree that they will work cooperatively to minimize the impact that such changes have on the bargaining unit.

Section 7: Nothing contained in this Agreement will be construed as a guarantee of any hours of work in a workweek.

ARTICLE XXIII - WAGES

Section 1: All bargaining unit employees will be paid in accordance with wage schedule chart below. No employee will be paid less than the rates set forth in the wage schedule for each classification. Premium pay and/or bonus pay for bonus pay job assignments shall be added to the employee's wage set forth in the wage table.

CBA Job Classifications Current Effective

Nov 1 2022

5/6/2021

Nov 1 2023

5/6/2022

Nov 1 2024 Interviewer I $20.44 $21.69 $22.39 $23.12 Interviewer II $21.38 $23.20 $24.24 $25.33

Section 2: Miscellaneous

a. Base Rate: the terms “straight time basic rate”, “basic rate”, and “basic hourly rate” as used in this Agreement mean the individual hourly rate of an employee exclusive of any shift premium overtime pay or premium pay of any type.

b. Bilingual Employees: All employees specifically assigned and designated in writing as a Bilingual Interviewer will be paid premium pay of $.40 per hour which will be paid in addition to the employee’s Base Rate. The designation will be for a minimum of one calendar month. The decision as to which employee to designate and for how long (after passage of a month) to designate an employee as a Bilingual Interviewer will be at the Company’s sole discretion and will not be subject to the grievance and arbitration or any other dispute resolution process.

ARTICLE XXIV - OVERTIME

Section 1: All time worked over forty (40) hours in any one (1) work week will be paid at the rate of time and one-half (1½) for employees working on an hourly basis.

Section 2: The Company retains the sole discretion to determine in each instance if overtime work is required, when it will be worked and how much overtime work will be needed.

Section 3: In the event overtime work is needed, volunteers will be solicited starting with the most senior employee and working down the seniority roster until all overtime positions are filled. In the event there are insufficient volunteers, overtime will be assigned on a mandatory basis moving from the most junior employee on the seniority roster to the most senior until all overtime positions are filled.

ARTICLE XXV - VACATION

Section 1: Bargaining unit employees will be entitled to vacation as follows:

Years of Service

Full-time vacation Per Year

Full-time vacation Accrual (hrs. per pay period)

Full-time Maximum Carryover (hours)

Part-time vacation Per Year

Part-time vacation Accrual (hrs. per pay period)

Part-time Maximum Carryover (hours)

0-1 10 days (80 hours)

3.33 hours 160 hours 5 days (40 hours)

1.66 hours 80 hours

1-2 11 days (88 hours

3.66 hours 160 hours 5.5 days (44 hours)

1.83 hours 80 hours

2-3 12 days (96 hours)

4.00 hours 160 hours 6 days (48 hours)

2.00 hours 80 hours

3-5 14 days (112 hours)

4.66 hours 160 hours 7 days (56 hours)

2.33 hours 80 hours

5-6 15 days (120 hours)

5.00 hours 160 hours 7.5 days (60 hours)

2.5 hours 80 hours

6-10 17 days (136 hours)

5.66 hours 160 hours 8.5 days (68 hours)

2.83 hours 80 hours

10+ 20 days (160 hours)

6.66 hours 160 hours 10 days (80 hours)

3.33 hours 80 hours

Section 2: All vacation must be approved in advance by the employee’s supervisor.

Vacation periods will not be taken back to back. Earned vacation may be taken in one-quarter hour increments.

Section 3: The time when vacation is to be taken will be designated by the Company, and the Company may elect to give all vacation periods at the same time or to stagger vacation according to Company needs. Employee vacation requests will be considered, but operating requirements as determined by the Company will control. Advanced written notice of two (2) weeks must be given to the employee’s supervisor. Vacation requests may be approved or denied at the Company’s sole discretion and will be based on business reasons. Requests for vacation properly submitted must be responded to with acceptance or denial within five (5) business days. A denial must be accompanied by a written explanation of the reason for denial.

Section 4: Changes in the vacation schedule will be requested at least two (2) weeks in advance and are at the Company's discretion provided they are based on business needs and requirements. The two (2) week notice requirement may be excused for exigent circumstances. However, notice must still be given as soon as reasonably possible prior to the absence. The request must be responded to with an acceptance or denial within five (5) business days. The Company may request documentation of the reason for the shortened notice period which documentation will be provided by the employee.

Section 5: A Company-approved or legally required leave of absence during the year will not interrupt the continuity of service for the purpose of eligibility for vacation and shall be counted toward the required year for each vacation period.

Section 6: Vacation pay shall be computed at the employee’s straight time hourly rate.

Section 7: When a holiday, as defined in this Agreement, falls within an employee’s vacation period, such holiday hours shall not be charged as vacation hours.

Section 8: An employee’s previously established and unbroken continuous service with prior contractors on the JOLTS or CES contract, and with the Company, will be used in computing and employee’s credited service for vacation accrual purposes and each continuous service anniversary date thereafter shall be the reference date for the rate of vacation accrual.

Section 10: Miscellaneous

a. Deduction from vacation Accrual. All leave, authorized or unauthorized, regardless of its purpose, shall be taken from accrued vacation. An unauthorized absence will be considered a violation of the attendance policy and will be subject to discipline. Unauthorized absences include those for which insufficient notice is given.

Section 9: Terminating employees will be paid an amount equal to the unused vacation.

b. Notice of Absence for Illness or Injury. In the event of an employee’s illness or injury, the employee will be excused from the vacation notice requirement up to two (2) work days per quarter. For example, if an employee is ill requiring a day of absence from work, that employee need not have applied for that absence in advance and no violation of the attendance policy will be recorded. However, the employee must still notify the Company of the absence and the anticipated duration as far in advance as reasonably possible. The two-day notice exception limit shall not be cumulative or carry over into the next quarter.

c. Documentation Requirement. The Company may require acceptable documents for absences resulting from illness or injury that exceed two consecutive work days. To be “acceptable” the documentation shall be provided by: 1) a physician, 2) a physician’s assistant, or 3) a registered nurse working under the direction of a physician. The documentation shall attest to the need for and the duration of the absence. An employee’s failure to provide requested, acceptable documentation within three (3) business days will result in the conversion of the absence to a violation of the attendance policy.

d. An employee shall have the option of donating any accrued and vested vacation for use by another employee. Such donations shall be in increments of one (1) hour. In no event shall donations exceed twenty four

(24) hours in a calendar year per donating employee. Notwithstanding the foregoing, no bargaining unit employee may donate an amount of vacation sufficient to place the donating individual below the minimum vacation amount required by the Service Contract Act.

d. Effect of Law. If during the life of this Agreement a change in the law requires an increase in paid leave for the purpose of providing sick leave to employees, the Company will increase each employee’s vacation balance to an amount necessary to comply with the law. To the extent this Article conflicts with any provision of the Family Medical Leave Act, the Family Medical Leave Act shall control.

Section 11: Sick Leave. Eligible employees accrue 1 hour of paid sick leave for every 30 hours worked on or in connection with covered contracts. ‘Hours worked’ refers exclusively to hours an employee spends working but not time when an employee is in paid time off status. Employees may accrue a maximum of 56 hours of paid sick leave each accrual year. For purposes of this policy, the accrual year is the 12-month period beginning on January 1. Employees may carryover accrued, unused paid sick leave from one accrual year to the next. Employees may have a maximum of 56 accrued hours of paid sick leave available at any point in time. If an employee accrues 56 hours of paid sick leave, the employee will stop accruing paid sick leave until the employee uses paid sick leave and the balance drops below 56 hours, as outlined in the Executive Order 13706.

Sick leave will be administered as per the MOU attached.

ARTICLE XXVI - HOLIDAYS

Section 1: The following eleven (11) observed Federal holidays shall be designated holidays for each calendar year:

New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Juneteenth

Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas Day

Section 2: Should any of the above listed holidays fall on Saturday or Sunday, the day observed by the Federal Government shall be considered the holiday.

Section 3: Any employee required to work on a holiday named above may substitute a day off with pay.

Section 4: The Company will compensate employees as follows: 1) up to a maximum of twenty two (22) hours per year for those periods of time when the government shuts down due to a lack of funding; or, 2) up to four (4) hours per year for Data Center closure due to technology upgrades or building malfunctions. Examples of “building malfunctions” include, but are not limited to, broken pipes, gas leaks and sewer backups.

ARTICLE XXVII - JURY DUTY

Section 1: Employees will be entitled to a maximum of four (4) days paid jury duty leave, unless state law requires payment for additional days.

Section 2: Upon receiving a summons to report for jury duty, employees will, on the next day on which they are scheduled to work, inform their immediate supervisor of the receipt of the summons and the day on which they are required to report to serve as jurors.

Section 3: If court is out of session prior to the end of the day and the employee could return to work after travel time and still have four (4) hours of their regularly scheduled work day left, the employee is expected to return to work; otherwise, the employee will be paid for the entire day and return to work the following scheduled work day.

ARTICLE XXVIII - FAMILY & MEDICAL LEAVE

Section 1: The Company will comply with all applicable state and federal laws which address employees' rights to request or obtain a family or medical leave of absence. The Company requires employees to use up to sixty (60) hours of paid time off concurrently with family or medical leave.

ARTICLE XXIX - FUNERAL LEAVE

Section 1: When a regular, full-time employee is absent from work because of the necessity of arranging for or attending the funeral of an immediate family member (defined as current spouse, partner, children, siblings, parents or grandparents or the same for the employee’s spouse), the Company will permit paid leave for up to three (3) days. This time may be extended at the sole discretion of the Company on a non-precedential basis.

Section 2: Regular part-time staff members are eligible for funeral leave only on assigned work days.

Section 3: The Company recognizes that families’ and employees’ circumstances differ. Therefore, management has discretion to authorize additional days bereavement leave for other family members or members of the employee’s household. The leave may be with pay at the Company’s sole discretion. A decision by the Company whether to grant such extended leave with or without pay is at the Company’s sole discretion and is not subject to the grievance and arbitration process or any other mechanism of review.

ARTICLE XXX - INCENTIVE PLANS

Section 1: The Company has the right to establish incentive plans which provide pay in addition to the employee’s base hourly rate. With the exception of any incentive plans expressly provided for in this Agreement, the Company retains the sole discretion to determine the creation, modification, design, administration and dissolution of the same.

The parties agree that the Company’s decision to exercise this right is not subject to negotiation.

Section 2: Upon request, the Company will provide the Union details of any established incentive plan along with the details and qualifications for any incentives. Any employee disputing eligibility for an incentive established pursuant to this Article shall have the right to utilize the grievance and arbitration procedures in this Agreement.

ARTICLE XXXI - INSURANCE

Section 1: Health and welfare benefits will be paid consistent with the Service Contract Act and related determinations. The Company agrees to provide health and welfare benefits, plans and programs to the extent they are otherwise offered to all similarly situated employees of the Company. Because these plans are offered to a broad class of employees, the Company retains the right to make changes to any part of or the totality of these plans and the Union agrees that changes to and administration of these plans are not subject to the grievance and arbitration provisions of this Agreement. Details of these plans can be found in the relevant summary plan descriptions. Any changes to these plans, including any required employee premiums, will be announced periodically.

Upon request, the Company will meet with the Union to explain any changes that are made to these plans. Because the continued existence and operation of these plans is for the benefit of all parties, including bargaining unit employees, the Company and the Union agree that this Article will survive and remain in full force and effect after the termination of this Agreement.

ARTICLE XXXII - HEALTH & WELFARE

Section 1: Health and Welfare shall be provided at the rates established in the table below for each hour worked up to a maximum of forty (40) hours per week and two thousand eighty (2080) hours per year.

Currently 1/1/2023 1/1/2024 $5.48 $5.60

$5.72

ARTICLE XXXIII - RETIREMENT SAVINGS PLAN

Section 1: The Company agrees to provide a retirement savings plan to the extent it is otherwise offered to all similarly situated employees of the Company. Because this plan is offered to a broad class of employees, the Company retains the right to make changes to any part of or the totality of the plan and the Union agrees that changes to and administration of this plan are not subject to the grievance and arbitration provisions.

Upon request, the Company will meet with the Union to explain any changes that are made to the plan. Because the continued existence and operation of this plan is for the benefit of all parties, including bargaining unit employees, the Company and the Union agree that this Article will survive and remain in full force and effect after the termination of this Agreement.

Section 2: Information concerning eligibility requirements, plan limitations, administrative procedures and an explanation of the employee’s rights and protections under the Employee Retirement Income Security Act of 1974 (ERISA) can be found in the summary plan description.

Section 3: To the extent an employee has excess funds once the employee’s health and welfare premiums are paid, those funds will be directed to the 401k account offered by the Company.

ARTICLE XXXIV - EFFECT OF LAW

Section 1: In…