2.2.1_Attachment 26 - IUOE FSW CBA.pdf

AGREEMENT

Between

AHTNA SUPPORT

And

TRAINING SERVICES, LLC

AND

LOCAL 564

INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO

PIDC

FOOD SERVICE WORKERS

i

TABLE OF CONTENTS

Parties to the Agreement 1

Article 1 Union Recognition 2

Article 2 Safety 2

Article 3 Union Dues and Check-Off Authorization 2

Article 4 Management Rights 3

Article 5 No Strike - No Lockout 5

Article 6 Seniority 5

Article 7 Probationary Employees 7

Article 8 Wages, Health & Welfare 8

Article 9 Hours of Work and Overtime 8

Article 10 Holidays 9

Article 11 Vacation 10

Article 12 Jury Duty 11

Article 13 Grievance and Arbitration 12

Article 14 Uniforms 13

Article 15 Health and Safety 15

Article 16 Leave of Absence 15

Article 17 Visitation Rights 16

Article 18 Captions and Terms 17

Article 19 Savings Clause 17

Article 20 Bulletin Boards 17

Article 21 No Discrimination 18

Article 22 Shop Steward 18

Article 23 Call-In Pay 18

Article 24 Sick Leave 19

Article 25 Wage Rate Classifications 20

Article 26 Bereavement Leave 20

Article 27 Successors and Assigns 21

Article 28 Modification 21 ii

Article 29 Drug and Alcohol Policy 21

Article 30 Examinations 22

Article 31 Government Requirements 22

Article 32 Discipline 23

Article 33 Attendance 25

Article 34 Duration 27

Schedule A 28

Schedule B – Dues Checkoff & Authorization 29

AGREEMENT

Parties to the Agreement This Agreement, made and entered into this 1st day of December, 2018 by and between Ahtna Support and Training Services, LLC (“Employer” “Company” or “AhtnaSTS”, with its principal office at 110 W. 38th Avenue, Suite 200D, Anchorage, Alaska 99507 and Local 564 (“Union”) of the International Union of Operating Engineers, AFL-CIO, with its principal office at 2120 North Brazosport Blvd, Richwood Texas, 77531.

WITNESSETH

The Company and the Union, having a common and sympathetic interest in the progress of industry, have entered into this Agreement in order to promote and maintain harmonious relations between the Company and its employees covered hereby, to insure the efficient operation of the Company, and to provide means for adjusting any differences which may arise by rational, common sense methods Captions or Articles of this Agreement are for convenience only and do not in any way limit or amplify the terms and provisions thereof. Whenever the singular or plural number is used herein, is shall equally include the other and whenever the masculine or feminine gender is used, it shall equally include the other.

Now, therefore, In consideration of the mutual promises and agreement herein contained, the parties hereto agree as follows:

ARTICLE 1

UNION RECOGNITION

Section 1.01

The Company recognizes the Union as the sole and exclusive bargaining agency in all matters concerning wages, hours and working conditions for all regular full-time and part-time employees employed by the Company in the Food Service area at the Port Isabel Service Detention Center site. The Company will remain neutral during any organizing drive held by this Union.

ARTICLE 2

SAFETY

Section 2.01

The Company and the Union agree that each will perform its proper function in promoting and maintaining safe working conditions and good housekeeping practices.

Section 2.02

If a safety issue is not resolved satisfactorily or an unsafe condition or situation exists whereas the employee considers site safety rules as unreasonable, the issue will be brought to the attention of Management and the Union.

ARTICLE 3

UNION DUES AND CHECK-OFF AUTHORIZATION

Section 3.01 The Union agrees to accept as a member upon application and without discrimination any new employee who may be hired by the Employer for employment within the bargaining unit, and who elects to become a member of the Union.

Section 3.02 The Check-Off Authorization Card to be executed and furnished to the Employers by the Union and employees shall be the official Union AUTHORIZATION FOR CHECK-OFF OF DUES, a copy of which shall be attached and made part of this agreement and is mutually agreed by the parties.

A. All sums collected in accordance with such signed authorization cards shall be remitted to the Financial Officer of Local 564 not later than the fifteenth (15th) of the month subsequent to the month in which such sums were deducted by the Employers.

B. The Employer shall furnish with the monthly check a list of all employees for whom deductions have been made.

Section 3.03 The Union accepts full responsibility for the authenticity for each check-off card submitted by it to the Employer, and any authorizations which are incomplete or in error shall be disregarded by the Employer and shall be returned to the Union for correction. The Union agrees that, upon receipt of proper proof, it will refund any employees any deduction erroneously or illegally withheld from an employee’s earnings by the Employer which has been transmitted to the Union by the Employer. The Union further agrees to indemnify the Employer and hold it harmless from any legal actions growing out of these check-off deductions that may be instituted by any employee involved therein before a court, the National Labor Relations Board, or any other body asserting or having jurisdiction, against the Employer and further agrees to reimburse the Company for any financial payment adjudged by a court, the National Labor Relations Board, or reasonable costs and expenses involved in defense of any such action as set forth in this paragraph.

Section 3.04 No deductions of Union dues will be made from the wages of any employee who has not executed a check-off form or who is not in pay status. Upon returning to work, deductions will be resumed, provided it is in accordance with the other appropriate provisions of this Agreement and of the National Labor Relations Act, as amended.

Collection of any back dues owed at the time of starting deductions for any employee, and collection of dues missed because the employee’s earnings were not sufficient to cover payment of dues for a particular pay period, will be the responsibility of the Union, and will not be the subject of payroll deductions.

Deduction of membership dues shall be made in a flat sum provided there is a balance in the paycheck sufficient to cover the amount that after all other deductions authorized by the employee, or required by law, have been satisfied. In the event of termination of employment, the obligation of the Employer to collect dues shall not extend beyond the pay period in which the employee’s last day of work occurs.

ARTICLE 4

MANAGEMENT RIGHTS

Section 4.01

Except as specifically limited by the express language of this Agreement, the Company has and retains exclusively to itself, all rights in the exercise of the functions of Management, including but not limited to the following rights:

The Union recognizes that any and all rights concerned with the management of the business and the direction of work force are exclusively those of the Employer. The Employer retains all of their normal, inherent common law rights to manage the business, whether or not exercised, except as limited by, and consistent with the rights of the Union and its represented employees as set forth in this Agreement or as established by law, statutes, and government regulations. The rights of management shall include the right to: hire, assign, schedule, layoff, recall, promote, demote, transfer, suspend, discharge, or otherwise discipline employees for just cause;

determine, establish, and implement terms and conditions of employment, determine, establish or continue reasonable policies, practices, and procedures for the conduct of the business and, from time to time, to change or abolish such policies, practices or procedures in order to prevent any redundancy or duplication of work or for any other reason provided such rights and policies are not in conflict with any provision of this Agreement and do not abridge the rights and benefits of employees as conferred by this Agreement or otherwise; determine and select the uniform and equipment for its operations, including equipment for new operations; to determine the number of hours per day or week that operations shall be carried on; to establish shifts, to set the hours of work and the number of employees for such shifts, and the Union must be notified prior to any changes thereof, to determine the fact of lack of work; and take any other measures which are reasonable and necessary for the orderly, efficient, and profitable operation of its business.

Section 4.02

The above paragraphs are recognized as the rights and functions of the Employer by the Union, but the Employer agree that the exercise of the management functions will be in accordance with the terms and conditions of this Agreement and Agreements entered into in the future with the Union. Memorandums of Understanding may be agreed upon between Employer Corporate level management and the Union. The site management has no authority to modify the provisions of the CBA.

Section 4.03

The Union agrees that all employees must read the effective Employer’s Handbook and any Addendum thereto during training and acknowledge that they have read and understand its content as provided by Employers policy. A policy change, not directed by ICE, that conflicts with the current conditions of employment included in the CBA will be provided to the Union seven (7) calendar days in advance. If the policy change modifies the conditions of employment, it will be subject to bargaining.

Section 4.04

Food Service Workers may be part of a bargaining unit represented by a Union. In cases where the provisions of the Employer’s handbook conflict with the provisions of this collective bargaining agreement, the terms of the collective bargaining agreement shall prevail. In cases where the collective bargaining agreement is silent, the Employer’s Handbook will prevail. In cases where the provisions of the collective bargaining agreement conflict with provisions the Service Contract Act or provisions of the Client's contract, the terms of the Service Contract Act and the Client's contract shall prevail.

Section 4.05

Given that Company employees will work in United States Government facilities, and thus will be subject to Federal Security requirements for contractor personnel, the Company shall have the right to deny, suspend or terminate employment, as applicable, of individuals who do not successfully complete the mandatory Federal security clearance screening process

Section 4.06

The Union recognizes that it is the functions and the right of the Company to exercise its discretion in developing processes which meet the standards of the Government requirements and customer acceptance.

ARTICLE 5

NO STRIKE - NO LOCKOUT

Section 5.01

During the life of this Agreement, the Union shall not authorize, and the employees shall not participate in a strike of any kind, or any boycott, picketing, work stoppage, slow-down, or any other type of organized interference, coercive or otherwise, with the Company’s business.

During the life of this Agreement, the Company shall not lock out the employees.

ARTICLE 6

SENIORITY

Section 6.01

The Classification Seniority under this Agreement shall be defined as length of continuous service by work classification on a regular assignment. Company Seniority under this Agreement shall be defined as length of continuous service from the employee’s date of hire by the Company or a previous contractor performing the services under any prior contracts of the same properties performed.

Section 6.02

The Company shall establish available work shifts, days off and vacation periods. Classification Seniority shall be considered in the selection of work shifts, days off, reduction and restoration of the working force.

Section 6.03

Classification and Company Seniority lists shall be prepared by the Union Steward in conjunction with Company and shall be posted January 1st of each year and shall be revised every six (6) month thereafter. Such lists shall be subject to correction upon protest and clarification, but if no complaint is made within fifteen (15) days of posting, the list published will be assumed to be correct.

Section 6.04

In case of layoff, seniority by classification shall be followed with due consideration for the efficiencies and special needs of the operation. In case of the restoration of the working force, seniority by classification shall be followed with due consideration for the efficiencies and special needs of the operation.

Section 6.05

Employees who are promoted to positions excluded from the bargaining unit will be given a leave of absence from the bargaining unit for three (3) months and shall continue to retain and accrue seniority during that period. If at the end of this period the employee has not returned to work within the classifications covered by this Agreement, the employee shall lose all seniority rights under this Agreement, and the employee’s name shall be removed from the seniority lists.

Section 6.06

Employees covered by this Agreement shall lose their seniority status and their names shall be removed from the seniority lists under the following conditions:

a. The employee quits or resigns.

b. The employee is discharged for cause.

c. The employee is laid off and not re-employed within six (6) months.

d. The employee has been laid off for less than six (6) months and the employee does not return to the service on or before a date specified in a Registered Mail letter from the Company mailed to the employee’s last known address offering such employee re-employment, which date shall not be prior to five (5) days after mailing such notice, provided however, that this paragraph D shall not apply to offers of temporary work. If after the allocated 5 days the position has not been filled the employee will be given first choice for rehire.

e. An employee, while on a leave of absence, applies/accepts another job, applies for unemployment compensation, or goes into business for him-self; his employment and all seniority rights will automatically be terminated.

f. The employee fails to return to work at the expiration of either a medical or personal leave of absence.

g Absence from work for three (3) days or longer without notice.

Section 6.07

Before employees are hired from the outside to fill vacancies it is the intention of the Company to promote from within the bargaining unit, if the available employees have the skill and the ability necessary to do the work, as determined by the Company. In such instance the senior qualified employee may be promoted, and all internal candidates will be considered before considering outside candidates. In the event that an employee is promoted or upgraded to higher rated occupational classification, the employee shall receive the applicable salary rate. The Company shall notify the union of job vacancies which it intends to fill. The Union may refer applications for employment to the Company provided the applicants meet the standards, qualifications, are criteria for the vacancies. The Company shall have the right to reject any job applicant referred by the Union. An employee when promoted will be on probation that for position for a period of 90 days.

Section 6.08

The Company, the Union and all employees covered by this Agreement shall, at all times and in all circumstances, abide by and comply with the Contract between GSA and the Company as it relates to security, access, suitability behavior, comportment, and safety.

ARTICLE 7

PROBATIONARY EMPLOYEES

Section 7.01

Newly hired employees shall be on probation for the first ninety (90) days of employment, During the period, employees shall receive the rates of pay provided herein, but shall not be entitled to any other benefits under this Agreement. During the probationary period, the Company may discipline or discharge any employee for any reason without recourse to the arbitration procedure.

Section 7.02

Upon completion of the probationary period, employees shall be placed upon the seniority list as of the first date of employment. Seniority shall be by classification and all benefits provided in this Agreement shall be accrued by service within a given classification, including layoff and rehire after layoff. Employees will, however, accrue vacation and sick leave benefits based on their total length of service with the Company.

ARTICLE 8

WAGES, HEALTH & WELFARE AND PENSION

Section 8.01

The Wage rates, which shall be effective during the term of this Agreement, are set forth in Schedule A.

The Health & Welfare and Pension rates, which shall be effective during the term of this Agreement, are set forth in Schedule A. The Union shall provide the Pension program and the Employer will provide all other Health and Welfare benefits.

ARTICLE 9

HOURS OF WORK AND OVERTIME

Section 9.01

Normal Hours. The provisions of this Article are intended only to provide a basis for determining the number of hours of work for which an employee shall be entitled to be paid at overtime rates and shall not be construed as a guarantee to such employee of any specified number of hours either per day or per week. All employees are paid bi-weekly.

Overtime and Workweek. The normal work week will be eight (8) hours a day five days a week.

Employees shall be eligible for overtime only when they have physically worked in excess if forty hours in a given week.

Section 9.02

The rate of one and one-half times (1 1/2) the regular straight time rate of pay shall be paid for all work performed in any week running Sunday through Saturday for all hours physically worked. In order to meet operational or maintenance needs, or in case of emergency, employees may be required to work overtime.

The Company will make every reasonable effort to distribute overtime opportunities as equally as practicable among employees in their respective job classifications within a reasonable period.

Section 9.03

The Employer shall be free to fix the starting hours of shifts and to determine the work schedule from time to time depending upon the business requirements. The Employer agrees, when possible, to post a work schedule at a convenient place for observation by the employees at least one (1) week in advance. All changes in regular scheduled days off and shifts shall be posted 48 hours in advance unless there is an emergency.

Section 9.04

Employees called out to work shall receive no less than two (2) hours pay. If the employee is recalled within the two hours the two hours pay period does not start again.

ARTICLE 10

HOLIDAYS

Section 10.01

The Company will pay eligible employees for the following holidays not worked:

New Year’s Day Labor Day Martin L. King’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

All holidays shall be observed on the day designated by the Client, except New Year’s Day, 4th of July and Christmas Day, which will be paid/observed on the actual calendar day in which they fall.

Section 10.02

Employees will be paid their normal scheduled hours at their normal straight time hourly rate for holidays. Employees required to work on a holiday shall be paid at one and one-half (1-1/2) times plus holiday pay.

Section 10.03

To be eligible to receive time and half hours worked on holiday, an employee must be on the active payroll and must work the last regularly scheduled shift prior to and the first regularly scheduled shift following the holiday unless he is on vacation.

Section 10.04

If a holiday falls within an employee’s vacation period, the employee shall be paid eight (8) hours Holiday pay at his straight time hourly rate.

Section 10.05

If a holiday falls on a full-time employee’s regularly scheduled day off and he is not required to work, he shall receive the regular assigned hours pay at his straight time rate. A part-time employee will receive holiday pay at his regular hourly rate times the average daily hours worked in the week preceding the holiday observance. In order for any employee to receive holiday pay under this Article he must work or have his absence excused for the work day immediately before and immediately after that holiday

ARTICLE 11

VACATION

Section 11.01

Full-time employees who work full-time the entire year prior to reaching their anniversary date shall be entitled to annual vacation pay, based on their continuous years of service in federal-contracted security with the Employer (and its predecessor contractors) in accordance with the following:

Upon completion of one (1) year of service 2 Weeks/80 Hours Upon completion of five (5) years of service 3 Weeks/120 hours Upon completion of ten (10) years of service 4 Weeks/160 hours Upon completion of fifteen (15) years of service 5 Weeks/200 hours

Vacation leave for all part-time employees will accrue on the following basis:

Years of Service Completed Accrual Per Hour Not to Exceed Annually

One 0.038462 2 weeks/80 hours

Five 0.057693 3 weeks/120 hours

Ten 0.076924 4 weeks/160 hours

Fifteen 0.096154 5 weeks/200 hours

Section 11.02

Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at any of the Federal facilities.

Section 11.03

All vacation must be approved by management in advance. If a conflict exists in vacation scheduling, approval will be given based on seniority for the first 2 weeks for a minimum 1 week block, then on a first come first serve basis. Holidays are based on an annual rotating schedule.

Vacation payment will be calculated on the basis of a regularly scheduled day at the employee’s straight time rate in existence at the time of vacation.

Section 11.04

The amount of paid vacation time off to which an employee shall be entitled shall be based on an employee’s anniversary date.

Employees, who are laid off or otherwise removed from the payroll, shall be paid any accrued and unused vacation time.

Section 11.05

Employees are encouraged to use their vacation as vacation is beneficial to their morale and wellbeing; however, effective 12/1/2018 and afterwards, when an employee reaches his/her anniversary, the company will cash out any accrued vacation time remaining on the books as of the day prior to their anniversary date at the rate the vacation was earned. Employees may cash out any accrued vacation at any time with written notice to the Employer. Cash out requests will be processed within 5 working days. Cash payments for unused vacation leave will not include health and welfare benefits, retirement or allowances.

ARTICLE 12

JURY DUTY

Section 12.01

An employee summoned for Jury duty to a court of record shall be allowed the necessary time off for such service. If an employee is not selected for Jury Duty he must report to work upon release by the court.

Section 12.02

When an employee is selected for Jury Duty, he/she shall be compensated at his/her regular rate of pay for a maximum of eight (8) hours per day spent on Jury Duty. In order to be granted leave for jury duty, employees must present their jury summons to the Employer on their first working day after receipt or at least 7 days prior to jury duty commencement (whichever is sooner).

Hours spent on Jury Duty shall be considered hours worked and Jury Duty will not be used in calculation of overtime. Employee working the afternoon and night shifts shall not be required to report to work while on Jury Duty.

Section 12.03

Employees shall present to the Company a statement from the clerk of the court showing the dates of such service and the amount of compensation thereof.

ARTICLE 13

GRIEVANCE AND ARBITRATION

Section 13.01

Definition: A grievance is defined as a dispute, difference, disagreement or complaint arising out of the interpretation or application of this Agreement.

Section 13.02

Procedure:

Step 1: Within ten (10) working days of an incident or event giving rise to a grievance, the employee must will submit a written grievance and discuss his/her grievance with his immediate supervisor with or without the shop steward being present. The Company shall render a decision within two (2) working days after the conclusion of the Step 1 meeting. Written documentation of the Step 1 grievance shall be prepared and a copy shall be provided to the Company and the Union.

Step 2: If the grievance is not settled he/she shall reduce the grievance to writing within ten (10) working days from the Company’s answer from Step 1 and referred to Step 2. The written grievance shall state the facts out of which the grievance arose, the date it occurred, that Article and Section violated, and the relief sought. The Project Manager or their designated representative shall respond in writing to the Step 2 grievance within ten (10) working days.

Step 3: The aggrieved employee shall refer the matter to the Business Manager of the Local Union who shall attempt to resolve it with the Company President or their designated Representative, as expeditiously as possible. A decision by the Company shall be rendered within fourteen (14) days.

a. Appeal: The Union may appeal a denied Step 3 grievance to Arbitration within twenty (20) working days of the receipt or non-receipt of the Company’s decision.

Step 4 Arbitration: In the event that the Union or the Company elects to arbitrate the grievance, it shall be heard by an arbitrator to be designated by mutual agreement of the Company and the Union.

a. In the event the parties fail to mutually agree upon an arbitrator, either party may move to arbitration through the rules of arbitration as provided by the Federal Mediation and Conciliation Service.

b. The arbitrator’s decision shall be final and binding on all parties concerned. Any compensation required to be paid to the arbitrator shall be borne equally by the parties.

c. The Arbitrator shall have jurisdiction and authority to apply, interpret and determine compliance with the terms of this Agreement but in no case add to, deviate from, detract from or alter in any way the provisions of this Agreement. The decision of the arbitrator shall be confined to the matter submitted to him for arbitration.

Section 13.03

The steps for processing grievances and time limits designated shall only be extended by mutual written consent of the parties.

Section 13.04

The Company and the Union may, by mutual agreement, submit a grievance or dispute to the Federal Mediation and Conciliation Service for resolution through non-binding mediation. The parties may utilize any other dispute resolution process that they may mutually agree upon. The cost of any such alternative methods shall be borne equally between the parties unless otherwise agreed upon.

ARTICLE 14

UNIFORMS

Section 14.01

Employees will be responsible for maintaining and cleaning the uniforms. The uniform sets shall consist of five (5) polo style shirts and five (5) work pants. In addition, the Company will provide one (1) pair of composite toed shoes, one (1) cold weather jacket, one (1) windbreaker, one (1) rain jacket, one (1) pair of weather appropriate work gloves, one (1) ball cap to be replaced on an as needed basis and as agreed to by Management for wear and tear. The Company shall also make sufficient food service aprons available to be utilized by all staff while on duty.

Section 14.02

The Company shall provide replacement of uniform items on an as needed basis based on normal wear and tear or accidental destruction of the item if destruction occurs in the line of duty. The employee will be charged the cost of uniform replacement if there is evidence of negligence or misuse of uniform items. Employees will be responsible for their own routine uniform maintenance including but not limited to replacement of buttons, hemming, minor sewing/repair work.

Section 14.03

Upon termination of employment, all employer issued uniforms and equipment shall be returned to the Employer in a serviceable condition. The cost of any missing items and/or the cost of cleaning shall be the actual cost to the Employer and shall be deducted from the employee's final payroll check in accordance with all State and Federal laws.

Section 14.04

A neat professional appearance is a requirement of the Employers. It is expected that all employees will exercise good judgment and dress appropriately for their jobs. No non-issued items of clothing or equipment shall be worn by any employee, unless approved by the Client. Employees wearing the Employer’s Uniform represent the Employer at all times while in uniform and must conform to the following:

Uniform Standards: All employees are expected to be “uniform” in appearance and shall not take up their posts until their uniform is in compliance with the information below:

Article Standard of Wear

Uniform and Duty Gear All issued items will be worn daily, with jackets and rain gear per weather conditions. Uniforms will be clean and tailored to present a professional appearance.

Grooming Standards

Facial Hair No beards, goatees, excessively long sideburns

Hair Males Neatly trimmed; no pony tails; hair must not interfere with wearing of any protective device. No unnatural hair color.

Females

Worn in a short style or put up (no metal pins). Hair must not interfere with wearing of any protective device. No unnatural hair color.

Accessories

Males One smooth band-style wedding ring, necklace (must be completely concealed—wear is discouraged due to potential choking hazard)

Both One smooth band-style wedding ring; necklace (must be completely concealed, wear is discouraged due to potential choking hazard)

Females Ball style silver or gold earnings

No metallic or other skin attachments (studs) or other body piercing items may be worn if visible.

Fingernails Both

Fingernails shall not be excessively long so as not to interfere with performance of duties and sanitation procedures. No fingernail polish of any kind can be worn at any time.

When an employee’s uniform/appearance does not comply with established standards, the supervisor will issue verbal counseling with written documentation to document the event per Article 33.

ARTICLE 15

HEALTH AND SAFETY

Section 15.01

The Company and the Union shall cooperate to promote employee safety and accident prevention in and around all operations and premises.

Section 15.02

The Company shall maintain safe, sanitary and healthful conditions and shall provide first aid equipment to take care of employees in case of accident or illness.

Section 15.03

It shall be the responsibility of each employees to maintain his place of work in a clean and orderly condition. Employees shall be required to observe safety rules and regulations established by the Company, including the use of prescribed safety equipment or clothing.

Section 15.04

As a condition of continued employment all employees shall be required to conform to all reasonable work rules and regulations that may be issued by the Company from time to time pertaining to the operations, health and safety.

ARTICLE 16

LEAVE OF ABSENCE

Section 16.01

Employees with at least one (1) year of service may, at the discretion of the Company, be granted a leave of absence without pay for periods not less five (5) calendar days and not to exceed thirty (30) calendar days. Any leaves of absence may be extended up to thirty (30) calendar days more provided a written request is received prior to expiration of the leave and upon written approval from the Company.

Section 16.02

Family and Medical Leave will be granted in accordance with local and federal laws.

Section 16.03

Military Service Leave will be granted in accordance with the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994. (“USERRA”)

Section 16.04

Except for military service leaves, all accumulated paid leave must be exhausted prior to being placed on leave without pay status. Employees who have requested and been granted scheduled vacation time off shall not subsequently have such vacation time revoked. However, once vacation pay is exhausted, the remainder of the prescheduled vacation time will be without pay.

Section 16.05

Upon return from an approved leave of absence the employee will be reinstated to a same or similar position including the corresponding current pay.

ARTICLE 17

UNION REPRESENTATION

Section 17.01

Employees have the right to be represented by the Union

Section 17.02

The local Union representative is employed to perform full-time work on the post to which each is assigned. The local Union representative may take reasonable time off during their regular working hours to represent employees in accordance with the provisions of this Agreement, provided the employee receives authorization from the Employer prior to conducting Union business while on duty.

Section 17.03

Upon authorization from the Employer and the Client, access to its premises during working hours will be given to the Union International Representative when necessary for the purpose of addressing Union business with Employer’s Management.

Section 17.04

The Employer agrees to furnish statements, written material or allegations to the Union in accordance with proper request procedures related to any investigation giving rise to a grievance involving rights and/or obligations of the collective bargaining unit. For all other matters, the Employers agree to furnish statements, written material or allegations to the Union upon written request by the affected employee. All information provided shall be protected and held confidentially. Release of confidential information is subject to disciplinary action in accordance with the Employee Handbook and the progressive discipline policy as outlined Article 33.

Section 17.05

Either the Employer or the Union may request a meeting to discuss any matters, exclusive of grievances, arising out of the application or interpretation of this Agreement. Thereafter, a meeting shall be held at a time and place mutually agreeable.

Section 17.06

The Employer and Union bargaining committee agree to hold joint “Union/Management” meetings monthly. The date and time of monthly meetings will be agreed on by both parties.

The purpose of the meeting will be to discuss current happenings within the organization and any problems or disputes that have occurred during the month. The parties will not be obligated to discuss issues that are already in the grievance procedure.

Section 17.07

The Local Union will furnish an updated list of all Union Officials as changes occur.

ARTICLE 18

CAPTIONS AND TERMS

Section 18.01

Captions or Articles of this Agreement are for convenience only and do not in any way limit or amplify the terms and provisions thereof. Wherever the singular or plural number is used herein, it shall equally include the other and wherever the masculine or feminine gender is used, it shall equally include the other.

ARTICLE 19

SAVINGS CLAUSE

Section 19.01

Should any part or provision of this Agreement be rendered invalid by reason of any existing or subsequently enacted legislation, such invalidation of any part or provision of this Agreement shall not invalidate the remaining portions hereof, and they shall remain in full force and effect.

ARTICLE 20

BULLETIN BOARDS

Section 20.01

The Company agrees to provide Union with bulletin board space. However, all material to be posted requires a written request by the union, and the approval of the Project Manager or his designee prior to posting.

ARTICLE 21

NO DISCRIMINATION

Section 21.01

It is agreed by the Company and the Union, there shall be no discrimination against any present or future employee by reason of race, creed, color, age, religion, disability of any individual in accordance with applicable law, national origin, sexual preference, veteran’s status or as a veteran of the Vietnam era.

ARTICLE 22

SHOP STEWARD

Section 22.01

The Union may select two (2) employees of the Company to act as Shop Steward. A Shop Steward’s authority shall be limited to and shall not exceed the following duties and activities:

a. The investigation and presentation of grievance to the designated Company’s representative in accordance with the provisions of the collective bargaining agreement.

b Shop Steward may receive and may discuss grievances of employees on the premises of the Employer, but only to such extent as the receiving and discussing of grievances as does not neglect, retard or interfere with the work or duties of employees.

Shop Steward shall obtain permission of his respective supervisor prior to leaving his work assignments to handle grievances, and report to his supervisor upon return.

c The transmission of such messages and information which shall originate with and be authorized by the local Union, or it officers, provided such messages and information had been reduced to writing and, if not reduced to writing, are of a routine nature and do not involve work stoppages, goods or other interference of the Employer’s business.

d Any activities undertaken by the Shop Steward outside of his normal working hours, shall not be considered as time worked for pay or overtime purposes.

ARTICLE 23

CALL-IN PAY

Section 23.01

If an employee has completed his shift, leaves the premises, and is called back to the facilities, he shall be guaranteed a minimum of four (4) hours of work at the applicable rate. This provision shall not apply, however, when the employee is called in for work prior to his regular shift and is scheduled to work up to and through his regular shift. All call-ins must be approved by the Supervisor or his designee.

ARTICLE 24

SICK LEAVE

Section 24.01

Full-time employees shall accrue sick leave on a 26-pay period per year basis. Employees shall be entitled to the number of sick leave days noted in the chart below. The annual number of sick days shall be divided equally among the 26 pay periods in a year. For example, an employee in her first year of service will accrue sick leave at the rate of 2.153846 hours per pay period.

YEARS COMPLETED SERVICE NUMBER OF DAYS / HOURS PER YEAR

After 90 days probationary period 7 days / 56 hours 5 years completed service 8 days / 64 hours 10 years completed service 10 days / 80 hours 15 years completed service 12 days / 96 hours

Section 24.02

Part-time employees shall accrue sick leave at a rate of 1 hour per every 30 hours worked up to 56 hours per year..

Section 24.03

Effective 12/1/2018 and afterwards, when an employee reaches his/her anniversary, the company will cash out any accrued sick time over 56 hours remaining on the books as of the day prior to their anniversary date but will carry over any hours equal to or less than 56.

Section 24.04

Employees that cannot report to work due to illness shall notify their supervisor at least two (2) hours prior to their scheduled shift.

Sick leave can be used when accrued. The Employer shall charge absences due to illness, unplanned absences (call offs) or tardiness (of at least 30 minutes) in one half hour increments up to the Employees regularly scheduled shift hours.

Section 24.05

Sick leave will be payable for full days of absence due to illness of the employee or their immediate family commencing on the first day of illness and will not be paid for more than their entire scheduled shift at the rate listed in Appendix A for each day the employee is eligible to receive sick pay. Sick leave will not be considered as time worked for purposes of computing overtime.

Section 24.06

Proof of incapacity or sickness from a U.S. licensed medical provider shall be required by the

Employer after three (3) consecutive days of absence. Proof of incapacity or sickness from a U.S.

U.S. licensed medical provider shall be required after one (1) days absence, if a proven pattern of absences exists. A verified sickness from a U.S. licensed medical provider requiring multiple consecutive days absent from work shall be viewed as one occurrence for the interpretation of pattern.

ARTICLE 25

WAGE RATE CLASSIFICATIONS

Section 25.01

The wage rate classifications and present job titles applicable thereto are attached and made part hereof as Schedule “A”. Employees will be paid for time worked in a higher classification provided that they work a minimum of eight (8) hours in the classification and perform all duties.

ARTICLE 26

BEREAVEMENT LEAVE

Section 26.01

If it is necessary for an employee to lose time from work because of a death in the immediate family, the employee shall be entitled to a period of three (3) work days off. At the employee’s option, the bereavement period may be delayed or split if funeral services are scheduled outside the three (3) day period following notification of death.

If the death of an immediate family member requires the employee to travel out of state and or more than 500 miles from the employee’s regular place of residence, the employee shall be entitled to a five (5) day period of bereavement. The employee shall be paid at the contract base rate of pay for any scheduled work day occurring within the five (5) day period.

At the discretion of management, employees may be authorized emergency sick leave or emergency vacation for a death in the family that is not defined as immediate family, or if funeral arrangements for a bereavement death in the family exceed the limits stated above

If an employee is on vacation when a bereavement event occurs, the employee will be granted bereavement leave in lieu of using vacation time (up to three (3) days).

The immediate family is defined as the employee’s father, mother, spouse, domestic partner, sister, brother, children (including legally adopted children and/or grandchildren), grandparents, grandchildren and father-in-law and mother-in law.

In order to receive bereavement leave benefits, the employee must complete and sign an Absence Request Form.

ARTICLE 27

SUCCESSORS AND ASSIGNS

Section 27.01

The terms and conditions of this Agreement shall be binding on any and all successors and assigns of the Employer, whether by sale, Transfer, merger, acquisition, consolidation, or otherwise. The employer shall make substantive efforts to ensure that as a condition of transfer that the successors or assigns will be bound by the terms of this Agreement and shall notify the Union before parties have concluded their transaction. The Company shall have no obligation under this Agreement if it loses the Contract(s) with the Government through a bidding process or through any other action by the government or the Company that does not involve any agreement between the successor and the Company.

ARTICLE 28

MODIFICATION

Section 28.01

It is the intent of the parties hereto that the provisions of this Agreement which supersedes all prior agreements and understandings, oral or written, express or implied, between such parties, shall govern their entire relationship and shall be the sole source of any and all rights to claims which may be asserted in arbitration hereunder, or otherwise.

Section 28.02

The provisions of this Agreement can be amended supplemented, rescinded or otherwise altered only by mutual agreement in writing hereafter signed by the parties hereto . It is understood by the Employer and the Union that the provisions of the Client contract, applicable Client policies and procedures, Client post orders and any other government regulations take precedence over any policies or provisions expressed in the Employer Handbook and/or this Agreement.

ARTICLE 29

DRUG & ALCOHOL POLICY

Section 29.01

The Employer is committed to maintaining a safe, healthy and productive work environment.

Being under the influence of a drug or alcohol on the job poses serious safety and health risks to the individual and to all those who interact with him/her. The use, sale, purchase, transfer or possession of an illegal drug under federal or state law in the workplace, and the use, possession, or being under the influence of alcohol pose unacceptable risks for safe and efficient operations.

Any employee found to be under the influence of alcohol or illegal drugs, or participating in the sale, purchase, transfer or possession of alcohol or illegal drugs during work hours or on Employers property will be subject to corrective action, up to and including separation.

Employees will be required as a condition of employment to participate in pre-employment, periodic, random, reasonable suspicion and reasonable suspicion post-accident, return to work drug and alcohol testing, in accordance with the AhtnaSTS Drug Free Workplace Policy.

ARTICLE 30

EXAMINATIONS

Section 30.01

Applicants, trainees and candidates for employment will be required to successfully pass a medical/psychological examination and drug screen, physical test, TB test, CPR testing and any other government required screening as outlined by the contract and customer requirements.

Thereafter, employees will be required to pass annual physicals, TB tests, and random drug and alcohol tests per the contract. At other times, employees may be required to take “fitness for duty” physical examinations on a case-by-case basis when either ordered by the government or in accordance with Employer policies (such as, but not limited to, return from FMLA, Worker’s Compensation injury, or other leave of absence).

Section 31.02

Any Employer directed examination or testing will be at the Employer’s expense.

ARTICLE 31

GOVERNMENT REQUIREMENTS

Section 31.01

The parties recognize that they are providing a service to the United States Government ("the Client"). Therefore, the administration of the terms of this Agreement is subject to the wishes of the Client and the Client's contract with the Employer. The Client may supersede any understanding regarding post assignments, hours, shifts, credentials, qualifications, or any other Government directive not mentioned herein. The Union acknowledges that the Employer's obligations to the Client are further provided in the Project Work Statement governing the services provided at the worksite.

Section 31.02

Notwithstanding any provision of this Agreement, to the extent the Government requires compliance with specific procedures (e.g., security clearances, medical, examinations, uniforms/appearance standards, staffing determinations, assignments, work rules, and drug testing), or with the requirements of the Service Contract Act, the Employer will be permitted to adhere to those requirements without recourse from the Union or any employee against the Employer.

Section 31.03

The Employer agrees to provide the Union with a copy of any Client directive or request affecting an employee’s employment provided a Client request or directive is issued in writing by the Client to the Employer.

Section 31.04

The Employer may require employees to give voluntary statements in writing or interview employees regarding their knowledge of events under investigation by the Employer. The Employer is required to allow a Union representative to attend any such Employer meetings or interviews upon the request of the employee. The Employer may not force a statement from an employee through coercion or threats, nor compel an employee to make a statement against the employee's self-interest; however, failure to cooperate in a fact-finding investigation will result in its conclusion without the employee's input to the process. Statements submitted after the conclusion of an investigation will not be considered, unless the Employer, at its sole discretion, agrees to consider them. If an employee is later found to have withheld information pertinent to an investigation, that employee may be subject to disciplinary action including termination.

Section 31.05

Employees who witness violations of Employer and/or Client rules and regulations and who fail to report such violations as required by the Employer and/or Client may be subject to disciplinary action, up to and including termination.

ARTICLE 32

DISCIPLINE

Section 32.01

The Employer shall have the right to discharge, discipline, or suspend employees for just cause.

No employee who has completed the probationary period shall be suspended or discharged without just cause unless the employee is removed from working under the Contract by the Client at the order or request of the Client, or if the employee’s credentials are denied or withdrawn by the Client. The “final decision” on the Employee’s clearance removal shall be determined by the Government, and the Employer shall be held harmless by the Union and the Employee for any further claims made after this final determination. This provision is not intended to limit or prohibit the rights of any party to seek relief from other parties. Upon written request by the affected employee, the Employer will provide the Union written explanation of the Client’s reasons for removal, provided the Client makes this information available. Where the Client provides the Employer with a written order or request for removal, the Employer will provide the Union with a copy of such Client order or request within two (2) business days of receipt by the Employer.

Section 32.02

IMMEDIATE TERMINATION OFFENSES include, but need not be limited to, the following:

• Abuse/possess/sell prescribed and non-prescribed drugs/alcohol/inhalants;

• Intoxication or drinking on duty or illegal use or possession of drugs or narcotics;

• Breach of security;

• Selling detainee lists/information

• Commit or threaten violence;

• Violation of the ICE Use of Force policy;

• 2 no call/no show, with the exception of circumstances outside the employee’s control provided proper documentation evidencing the reason for the no call/no show is provided to the Employer;

• Willfully, falsifying Employer or client documents;

• Sleeping on duty;

• Conducting unauthorized Union business on duty;

• Clearance or food service certifications lifted/denied/revoked (with documentation to the Employer, provided to the Union);

• Post abandonment/walking off the job; (Reassignment by a supervisor is not post abandonment.)

• Possession of unapproved firearms, deadly weapons, explosives;

• Failure to clock-in/clock-out or sign in/sign out to and/or from work to include meal breaks (or missed meal breaks) 4 times in a rolling 12-month period. Missed breaks will be annotated on the ROP by the employee as No Break;

• Failure to report a breach of…