20. CBA Pittsburgh & Morgantown -1.3.2024.pdf

AGREEMENT

BETWEEN

RWD CONSULTING, LLC

U. S. DEPARTMENT OF HEALTH & HUMAN SERVICES

CENTER FOR DISEASE CONTROL

NATIONAL INSTITUTE OF OCCUPATIONAL SAFETY & HEALTH

AT THE PITTSBURGH RESEARCH LABORATORY

PITTSBURGH, PENNSYLVANIA, AND RELATED FACILITIES

AND

INTERNATIONAL UNION OF OPERATING ENGINEERS,

LOCAL 95-95A, AFL-CIO

January 3, 2024 THROUGH December 31, 2028

TABLE OF CONTENTS

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ARTICLE I SCOPE OF THE AGREEMENT

ARTICLE II UNION REPRESENTATION

ARTICLE III DUES DEDUCTION

ARTICLE IV SKILLED APPLICANTS

ARTICLE V STAFF DETERMINATION

ARTICLE VI HOURS OF WORK

ARTICLE VII SUBCONTRACTING

ARTICLE VIII VACATIONS

ARTICLE IX HOLIDAY

ARTICLE X SICK LEAVE

ARTICLE XI SCALE OF HOURLY WAGES

ARTICLE XII HEALTH & WELFARE

ARTICLE XIII SENIORITY

ARTICLE XIV MANAGEMENT

ARTICLE XV GRIEVANCE PROCEDURE

ARTICLE XVI NO STRIKE

ARTICLE XVII FUNERAL PAY

ARTICLE XVIII JURY, WITNESS AND MILITARY DUTY

ARTICLE XIX PENSIONS

ARTICLE XX CALL BACK

ARTICLE XXI DISCRIMINATION

ARTICLE XXII ASBESTOS

ARTICLE XXIII STEWARD TRAINING

ARTICLE XXIV LEAVES OF ABSENCE

ARTICLE XXV EDUCATIONAL TRUST FUND

ARTICLE XXVI EPA REQUIREMENTS

ARTICLE XXVII GENERAL…...………………………………………………………………………..34

ARTICLE XXVIII NOTICES

ARTICLE XXVIIII DURATION ……………………………………………...………………………... 37

EXHIBIT A WAGES AND PACKAGE RATES

EXHIBIT B DUES AUTHORIZATION

EXHIBIT C CONSENT AND RELEASE FORM FOR DRUG/ALCOHOL TESTING

EXHIBIT D JOB DESCRIPTIONS

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AGREEMENT

Wages, hours and conditions agreed to by the INTERNATIONAL UNION OF OPERATING

ENGINEERS, LOCAL 95-95A, AFL-CIO (hereinafter referred to as the "Union"), and RWD

CONSULTING, LLC, INC. (hereinafter referred to as "Employer") assigned to the U.S.

Department of Health & Human Services, Centers for Disease Control, National Institute for

Occupational Safety & Health Pittsburgh Research Laboratory (PRL), Pittsburgh, Pennsylvania, Morgantown, West Virginia and related facilities, to become effective January 3, 2024 and to continue in full force and effect until December 31, 2028. It is specifically understood and agreed, however, that the existence of separate bargaining units as set forth above are specifically recognized.

ARTICLE I

Scope of the Agreement

Section 1.01. The parties hereto agree to the following wages, hours, and conditions of employment for all employees employed by the participating Employers in the job classifications listed in Exhibit "A" attached hereto, as far as it is lawful. This Agreement must conform with applicable federal, state and local law.

ARTICLE II

Union Representation

Section 2.01. The Union shall be the sole representative of all bargaining unit employees (regular full-time and temporary employees) employed in the job classifications listed in the attached

Exhibit "A." All of the employees covered by this Agreement shall on or after the ninetieth

(90th) day following the beginning of their employment, or the effective date of this Agreement, whichever is later, as a condition of continued employment, become and remain members of the

Local in good standing for the duration of this Agreement.

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Each employee who fails to voluntarily acquire or maintain membership in the Union shall be required, as a condition of employment, beginning on the ninetieth (90th) day following the beginning of such employment or the date of this Agreement, whichever is later, to pay the Union each month a Permit Fee as a contribution toward the administration of this Agreement and the representation of such employees.

The Permit Fee shall be an amount equal to the Union's regular monthly dues. The parties shall make such arrangements as may be necessary to adapt the foregoing check-off provisions to the service charge pursuant to the voluntary authorizations, therefore.

ARTICLE III

Dues Deduction

Section 3.01. The Employer agrees to deduct monthly Union dues, Permit Fees, Assessments and Initiation Fees as designated by the Union from the first pay each month of employees (regular full-time and temporary employees) from whom a signed written authorization is received, a copy of which is attached as Exhibit "B," and to send such dues to the Treasurer of the

Union not later than the 15th day of said month, together with a list of employees from whose pay said deductions were made.

Section 3.02. The Union agrees to indemnify the Employer and hold him harmless against any liability incurred as a result of the Employer complying with Sections 2.01 and 3.01 of this

Agreement.

ARTICLE IV

Skilled Applicants

Section 4.01. The Union, if called upon by the Employer, agrees to furnish skilled applicants for any of the classifications covered by this Agreement.

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ARTICLE V

Staff Determination

Section 5.01. - Surplus-Layoff-Downgrade

The Company shall determine its staffing requirements. When a surplus is declared, the

Company shall determine the size of the surplus and the job families from which the surplus will occur. Such surpluses shall be accomplished by the following procedure:

(a) Layoff shall be accomplished by laying off employees from the lowest graded job classification within the job family first and if the surplus is of the magnitude to require additional layoffs, the Company will progress to the next higher graded job classification within the job family. Layoffs from each job classification shall be by reverse order of seniority, except as provided in Article IX, Section 2, Paragraph (c).

(b) When the Company determines that downgrades (demotions) from higher job classifications to a lower job classification are required, such downgrades will be made on the reverse order of seniority, except as provided in Article IX, Section 2, Paragraph

(c). The employee must be qualified for and able to perform the lower job family duties.

Section 5.02.- Other Surplus Criteria

(a) Rejection of a downgrade will result in a layoff.

(b) Rejection of a lateral offer will be viewed as a resignation only - no layoff.

(c) Longest practical advance layoff notice will be provided. The employees affected, wherever practical, will be given two (2) weeks' notice prior to layoff by reason of any such surplus.

Section 5.03. - Recall from Layoff

Laid off employees who are on active layoff status and possess the job classification for the job family having the recall requirement will be the first external acquisition source used based on seniority. Each employee laid off under the provisions of this Article will remain on active layoff status for a total period of 24 months from the date the layoff was effective.

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An employee shall remain on active layoff status in accordance with this Article provided they do not:

(a) Fail to respond to a formal offer from the Company of a job within seven (7) calendar days after it is extended, or (b) Refuse a formal offer from the Company fora full-time position within the Bargaining Unit job classification previously held, or

(b) Fail to report to work within seven (7) calendar days following acceptance of a formal

Company offer.

Section 5.04. - Notification of Recall

The Company will fulfill its obligation for notice of recall by mailing a certified notice to the employee’s last address of record.

Section 5.05.- Job Return Rights

Employees downgraded to a lower job classification as provided for in this Article, shall have return rights to their most recently held job classification providing; the employee has held the higher job classification on other than a "temporary promotion" basis within the 24 months preceding the date of selection of an eligible individual to fill the open job title; and who has not been demoted because of not being suited for work in the open job title.

Open Job Title - Refers to a job title (job classification) in which the Company determines that additional employees are needed.

Section 5.06. -Offsite Assignments & Temporary Assignments - Employee Meal Reimbursement

Any offsite assignments shall be made by reverse order of seniority unless special qualifications are deemed necessary by management.

The concept and allowance for employee meal reimbursement for business-related travel is as follows:

(a) exceeding ten hours a day but less than 24 hours,

(b) does not require overnight lodging while away from home, and

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(c) extending beyond a 50-mile radius from home or base of operation.

Principally, there are two distinct issues to be addressed: (1) meal periods where an employee is required to be present and working and (2) other meal periods during the course of less than a full calendar day.

(a) Suffer, Permit or Require to Work

According to the Fair Labor Standards Act of 1938, as amended (also known as Federal

Wage and Hour Law), an employee is entitled to compensation when (a) an employee is required to be on the employer's premises, on duty, or at a prescribed Workplace (29 CFR

§785.9, §785.14, and §785.19). Furthermore, meal periods during out-of-town travel do not count as time worked -- exclusive of the foregoing -- and are hence un-compensable.

Specifically, this means payment will be made to an employee for lunch and dinner periods that are required to be worked. Meal periods prior to or occurring after work will not be reimbursed to an employee, except as noted below.

(b) Pro Rata Per Diem

To qualify for a pro rata portion of an appropriate per diem for a given location, the time and distance away from home or base of operation must exceed ten hours and 50 mile radius, respectively.

In essence, if an employee meets the ten-hour-day and 50-mile-radius criteria, then the pro rata method of per diem will apply as described in the then current Federal Travel

Regulations. This is the same method of apportioning presently used by the Government.

There is one caveat, however: if a meal period is not required to be worked, then a 30-minute time frame must be deducted for each meal period from the total hours worked.

For either situation noted above, the rate of pay (i.e., straight-time or premium time) will be governed by Company policy and collective bargaining along with Federal and State wage and hour laws.

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Section 5.07. - Light Duty

Light Duty work defined: "Light Duty" shall consist of any situation where an employee, because of medical/physical/restriction(s), is unable to perform their normal job functions and is under the care of a physician whose recommendation is that the employee can return to the workplace with temporary restrictions or modifications.

If light duty work is ava liable and fits within an employee's restrictions, light duty work will be made available for both industrial and non-industrial injury and illness. Nothing in this Section requires the Company to make light duty work if an employee cannot perform the essential functions of the position or the Company to "make work" for someone who has work restrictions.

As past practice, the attending physician shall have the use of the employee job description to evaluate the employee's full duty assignment.

Light duty status can be verified by the Company by requesting regular patient/physician reports. These reports shall not be expected on more than a semi-monthly basis.

An employee who is offered a light duty assignment at his pre-injury pay wage rate but who refuses to participate shall be considered insubordinate and shall be subject to disciplinary action.

A physician evaluation form will be provided to the employee for Company reference and duty assignment.

Physician/therapy visits during light duty assignments will be charged to employees sick, vacation, or LWOP billing rode.

Time missed from 'work by the employee absences to attend doctor's appointments and/or physical therapy will be referred to the appropriate insurance carrier for compensation.

A final release from the attending physician shall be required before an employee is able to resume normal job duties and function.

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ARTICLE VI

Hours of Work

Section 6.01. Work Week - The assigned workweek for each employee shall be a period from Monday to Friday 7:45 a.m. to 4:15 with a 30-minute allowance a lunch break.

Section 6.02. Work Schedules -The normal work schedule shall consist of five workdays, with two consecutive days of rest.

Section 6.03. All hours paid shall be counted as time worked towards the calculation of overtime.

Section 6.04. Shifts, Lunch, and Rest Periods - Management shall assign each employee to a definite shift, with designated beginning and ending times. Daily shifts shall be an eight hour and thirty-minute time frame, with an unpaid lunch period, except as provided in Section 6.05.

The Company has the right to establish shifts necessary to meet unusual work schedules. The

Union will be advised prior to implementation.

Each employee shall be given a 15-minute paid rest period, schedule permitting, in each half of the shift to which he or she is assigned; the time of starting each such rest period to be designated by the Company.

Section 6.05. Continuous Operation - Employees assigned to jobs requiring continuous operation shall work a continuous eight-hour period. Such employees do not have time off the job for lunch but eat on the job.

Section 6.06. Short-Term, Full-Time Employees

(a) Any employee, hired on a temporary basis for a specified term of employment not to exceed 180 days, shall be considered as a short-term, full-time employee and shall be subject to all provisions of this Agreement, except as otherwise provided in the following paragraphs.

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(b) The cash equivalent for health and welfare benefits (as stipulated in the most recent

Contract Wage Determination) shall be automatically added to the employee's base rate of hourly pay.

(c) Seniority and grievance rights will be as stated in Article III Section 3, Probationary

Employees, Paragraph (c).

(d) Any short-term, full-time employee who exceeds 180 days will be reclassified as a full-time employee and shall be subject to all provisions of this Agreement.

Section 6.07. Long Term, Part-Time Employees

(a) Any employee, who is normally scheduled to work less than a 40-hour work week, shall be considered as a part-time employee and shall be subject to all provisions of this

Agreement, except as otherwise provided in the following paragraphs.

(b) Vacation, holidays, and award fee sharing shall be prorated based on hours worked versus the number of hours that would have been worked by a regular fulltime employee during the relevant period. The relevant period for vacation calculations shall be the prior calendar month and for holidays it shall be the prior work week.

Section 6.08. Health and Welfare Benefits:

(1) Long Term, Part - Time employees hired on or after January 3, 2024, shall be paid the then current SCA H&W rate for straight time hours worked in lieu of receiving benefits.

(2) If any employees working as Full-Time Employees on this agreement as of January

3, 2024, change to a part time status, they will receive the then current SCA H&W rate plus prorated contributions for sick leave, short term disability and life insurance.

(3) Long Term Part-Time employees on the payroll as of January 3, 2024, shall be "red circled" and retain the current rate they receive for in lieu of benefits the life of this agreement. That rate will be increased from time to time to incorporate any H&W rate increases periodically issued by the government under the SCA (i.e., if the current SCA rate goes up $.10, their rate will increase by $.10.).

(4) Said amount shall not be considered part of wages in calculating the overtime rate.

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(c) For reference purposes and definition, how worked shall include and be equivalent to paid absence time (if applicable), vacation (when appropriate), and holidays

(Inhere accruing).

(d) Part-time employees will be eligible for overtime pay as provided in Section 8 of the

Agreement except that overtime premium will not be paid for work performed outside of a part-time employee's regular assigned shift unless the time worked exceeds forty

40 hours in any workweek

(f) It is not the intent for part-time employees to replace budgeted full-time regulars.

Section 6.09. Overtime

(a) The Company will attempt to meet its overtime requirements on a voluntary basis among the employees who normally perform the work on a straight time basis. In the event there are insufficient volunteers to meet the requirement, the supervisor may designate and require the necessary number of employees to work the overtime.

(b) First right of refusal for scheduled overtime will be made on a rotating basis within a job family or job class as the situation deems necessary. Emergency response will be made on a first available basis.

(c) Time worked within an assigned shift period, which does not fall on either day of rest, shall be compensated at straight time rates.

(d) For time worked outside of their assigned shift, by an employee on first, second or third shift, on other than a day of rest, an employee shall be paid one and one-half times their base rate (determined by the face of clock method), as long as forty (40) hours have been worked during a workweek.

(e) All hours paid will count towards the calculation of overtime.

(f) If both rest days are worked the second rest day will be at double time.

(g) If an employee is not scheduled to work their second day of rest and is called out for an emergency, the rate of pay will be at double time.

(h) Employees called out for an emergency will receive a minimum of four (4) hours of pay. Compensation for actual time worked will be at one and one-half times their base rate (determined by the face of clock method), except as noted in Article V, Section 8, ~ 10 ~

Paragraph (f). If less than four (4) hours are worked, the difference between the four (4) hours and the actual hours worked will be paid at one times their base rate (determined by the face of clock method), except as noted in Article V, Section 8, Paragraph (f). The forty (40) hours worked rule as stated in Article V, Section 8, Paragraph (d) does not apply in emergency call situations.

(i) Leave Without Pay (LWOP) for approved union business will not count toward the forty (40) hours worked rule when calculating overtime.

Section 6.10. Site Emergency Close-Down - Payroll Adjustment

In the event of a site-wide close down due to weather conditions/unforeseen emergencies, follow (a) and (b). For unscheduled holidays declared by the government, see Article VI.

(a) Base Closing Advance Notice

(1) Un-worked

Employees shall receive their scheduled shift pay if the company receives normal payment from the client with no reduction of pay due to services not performed.

(2) Worked

Employees shall receive time and one half for hours worked if the company receives normal payment from the client with no reduction of pay due to services not performed.

(b) Base Closing During the Course of Normal Working Hours

(1) Un-worked

Employees shall receive their regular pay for the remainder of their scheduled shift pay if the company receives normal payment from the client with no reduction of pay due to services not performed.

(2) Worked

Employees shall receive time and one half for hours worked after base closing if the company receives normal payment from the client with no reduction of pay due to services not performed.

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An employee must be present at work on the day that dismissals or late starts are announced to receive such a benefit.

(c) In the event the government orders a full or partial closing of the facility due to budgetary reasons, employees who are worked will be paid as if the facility was open.

If the Government reimburses Company for wages lost by employees who were not needed to work, Company shall pay such employees for straight time earnings lost, during the period of the closure. Employees who were on sick or vacation during the period of the closure shall not be paid for lost wages but will collect any previously scheduled sick or vacation pay. Employees who have not yet commenced leave will be able to cancel any preschedule led sick or vacation leave if desired provided it is done at least two days prior to that leave being commenced.

Section 6.11. Except in the case of extraordinary conditions, employees will not normally be scheduled so that they are off work for less than twelve (12) consecutive hours unless otherwise mutually agreed between the Employer and the employee.

ARTICLE VII

Subcontracting

Section 7.01 – Subcontracting. Before any bargaining unit work is sent off-site to be done by anyone other than bargaining unit employees, the following steps need to be completed in the sequence shown.

The objective is to eliminate all subcontracting; but, if due to emergencies, this cannot be done, then what is noted below should serve as a guideline for everyone to follow.

(a) If an employee within the appropriate classification is not available to do the work, then the work is to be given to another employee in the same craft or service areas who possesses the required skills and is available to do the work during normal business hours.

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(b) If another employee cannot do the work during normal business hours, then the work can be shifted to an overtime status.

This statement assumes the completion date of the work cannot be changed. However, if the completion date can be changed, then the assigned person should do the work or someone else in the same craft service area should perform the work.

(c) If Steps (a)and (b) do not resolve the situation, then the work should shift to other in-house crafts or service areas capable of doing the work by the completion date required and with the skills necessary.

(d) If Steps (a)through (c)are unsuccessful, the Company will make a good faith estimate of the amount of work required to be done. If that work is less than eighty (80) hours of work, the Company will have the right to obtain a subcontractor to perform the work. If the good faith estimate is that it will require more than eighty (80) hours of work, the Company will move to Step (e)

(e) If a former employee who is on a layoff, possesses the skills required and can respond to a notice in time to complete the work, and falls within the 24 months call-back right the employee should be recalled.

(f) If the person eligible for recall cannot respond to the requirements of the work activity, then the work can be contracted out.

(g) The Union shall be notified of any decisions to contract out work. The

Company must notify the Union in advance and offer to meet and discuss any subcontracting expected to be in excess of forty (40) hours before taking such an action

ARTICLE VIII

Vacations

Section 8.01. For the purpose of computing eligibility under this Article alone, years of service shall include:

(a) Continuous service with the Company and periods of service with a prior employer at the Pittsburgh, or PRL, Pennsylvania facility which was recognized by the prior employer for vacation purposes.

(b) The most recent rehire date following termination.

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Section 2 - Accumulation of Vacation Credits

An employee who meets the requirements as set forth in Section 1 of this Article shall be eligible for vacation credits in accordance with the following:

Commencement

Years of Service

Annual

Vacation

0 through 5 80 hours

5 through 10 120 hours

11 through 15 160 hours

16 through 20+ 200 hours

Employees on the active payroll shall accrue vacation in accordance with the "VACATION SCHEDULE" and the employer’s pay frequency. Accrual of vacation will be earned at the conclusion of each pay period. In order to qualify for accrued vacation leave, an employee must work a majority of their regular workdays in the applicable pay period. The majority of regular workdays is defined as greater than one-half of the total paid regular hours in a pay period. Time spent on Company paid vacation or paid sick leave shall be considered time worked (paid hours) for application of this paragraph. Accrued vacation will be banked in the employee's vacation account on the first workday following pay period in which vacation is earned.

Section 3 - Accumulative Credits

No more than 200% of an employee's maximum annual vacation allowance can be carried forward into a new eligibility period. A vacation eligibility period is defined as the period of time between

August 1 and July 31 (one year). Any unused credits in excess of this maximum will be lost to the employee.

Section 4 - Non-Accumulative Credits

Vacation credits will not be accumulated during period of layoff, or after the first thirty (30) calendar days of a leave of absence. Such absence during a service year will reduce the vacation credit granted at the beginning of an employee's next vacation eligibility date.

The reduction will be in proportion of 1/365th for each day of absence, rounded to the nearest one-tenth hour; of the hours applicable to the employee per the vacation schedule listed in Section

2 of this Article.

Section 5 - Use of Vacation Credits/ Leave

Vacation credits may be taken as they are accumulated. Vacation will be paid at the rate in effect at the time that the vacation is taken. The terms for use of vacation credits are as follows:

(a) Employees shall request vacation dates on forms provided by the Company and the

Company will endeavor to schedule their vacation as requested subject to operational requirements. Twenty-four (24) hours prior notice must be given for any vacation request.

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(b) Employees shall receive vacation pay in advance of their vacation provided pay therefore is requested, in writing, at least two (2) weeks in advance of the payday immediately prior to the date approved for the start of such vacation.

(c) Generally, vacation credits are to be used in units of eight (8) hours; however, vacation credits may be used in amounts of one-quarter (.25) hour or more to permit a partial day's absence. Also, in cases when sick leave credits are exhausted, a partial day of absence due to illness may be charged against unused vacation credits in any amount up to eight

(8) hours

This partial day's absence provision does not authorize nor validate tardiness and any continued abuse of scheduled start times will be subject to the Company's disciplinary guideline.

In those instances where employees do not sign in/check in with their supervisor when arriving and departing from work, it is the responsibility of the employee to notify their supervisor of the actual time of arrival or departure and provide an accurate timecard/timesheet.

ARTICLE IX

Holiday

Section 9.01. The holidays listed herein are established as paid holidays and will be observed as provided below. If the Customer declares additional holidays and compensates the Company for the costs of providing Employees the day off, the Company will provide the employees the day off with pay. If the Customer does not compensate the Company for the costs of the additional holiday it will be treated as a regular workday.

In the event any of the following holidays fall on an employee's second day of rest, the holiday will be observed on the following day. When the holiday falls on an employee's first day of rest, the holiday will be observed on the preceding day.

The following holidays shall be paid to regular employees at the rate of eight (8) hours' straight time if not worked; and for all hours worked on such holidays by bargaining unit employees at the total rate of double time and one-half (2½) of the regular straight time rate listed in this

Agreement:

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Common Holidays

New Year's Day

Martin L. King's

Day President's Day

Memorial Day

Independence Day

Labor Day

Columbus Day

Veterans Day

Thanksgiving Day

Christmas Day

Juneteenth

Section 9.02. Holidays will be observed on the actual holiday. In the event of illness, an employee shall be paid for a maximum of two (2) holidays for one continuous illness offset by any sickness or accident benefit payable.

Section 9.03. To be eligible for Holiday pay, a regular employee must work in the week in which the Holiday is to be observed, his/her last scheduled shift immediately preceding the

Holiday, and his/her next scheduled shift immediately following the Holiday, unless failure to work was by reason of absence due to compensable accident, illness, scheduled vacation day, or such absence as may have been authorized or approved by the Employer. If circumstances warrant, the employee may be required to secure a letter from his/her attending physician.

Section 9.04 Un-worked Holidays

Eligible employees shall receive eight hours pay for un-worked holidays (designated above) at their base rate, excluding shift differential, in effect at the time the holiday occurs. A

“full scheduled shift" shall be defined as having worked a minimum of four hours. The rules regarding prior approval for absence time (vacation) apply when less than eight hours are worked on either the preceding or succeeding shift to the holiday.

An exception to this requirement is: If the employee can furnish proof satisfactory to the

Company that because of illness they were unable to work on either of such shifts, and their absence (due to the illness) previous to the subject holiday has not been longer than three calendar days, such employee remains eligible for the subject holiday.

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Section 9.04 - Holidays During Vacation

When a holiday coincides with the block of time in which the employee is using earned vacation hours, the eight holiday hours will be charged to the time record, thereby, reducing the number of vacation hours required to complete the time record for a particular pay period.

ARTICLE X

Sick Leave

Section 10.01. - Accumulation of Sick Leave

(a) Employees on the active payroll shall earn 3.34hrs hours of sick leave for each pay period worked, but not to exceed eighty (80) hours in any twelve (12) calendar month period. In order to qualify for the 3.34 hours, an employee must work a majority of their regular workdays in the pay period. The majority of regular workdays is defined as greater than one-half of the total paid regular hours in a pay period. Time spent on Company paid Holidays, vacation or paid sick leave (or all hours paid), shall be considered time worked for application of this paragraph.

(b) Earned sick leave will be credited to the employee's sick leave account on the first workday following the pay period in which sick leave is earned.

(c) An employee with unused sick leave credits available will, on the contract anniversary date each year, transfer up to a maximum of forty (40) hours of sick leave credits from the current year account into a reserve sick leave account of which all unused credits will be paid to the employee at the time of termination.

Employees will be allowed to carry over sick leave credits from year-to-year however, the maximum earned reserved sick leave will be 400 hours.

(d) All hours accrued in the reserve account shall be paid to the employee at their current rate, upon termination of employment.

Section 10.02 - Use of Sick Leave

(a) Sick leave benefits are to be used only in the event of absence due to the following causes: (a) illness of employee, (b) illness or death in the immediate

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(b) Payment for sick leave shall be at the employee's straight time base rate, excluding shift differential, not to exceed a maximum of eight (8) hours pay for any one day of absence; however, sick leave may be used in increments of one quarter (.25) hour or more to permit a partial day's absence.

In those instances where employees do not sign in/check in with their supervisor when arriving and departing from work, it is the responsibility of the employee to notify their supervisor of the actual time of arrival or departure and provide an accurate timecard/timesheet.

Section 10.03 - Employment Separation - Payoffs of Sick Leave and Vacation Accrual

For payment of vacation and sick leave accruals (when an employee only works a portion of the calendar month and is not on the payroll roster as of the first day of the following month).

All employees, no matter their respective employment status (e.g., full-time, part-time, temporary, seasonal) are eligible to be paid vacation and sick leave accruals, whether or not the employment separation is of a voluntary or involuntary nature.

An employee does not have to work the entire month to be eligible, nor does the employee need to be on the payroll roster as of the first day of the following month.

More than 50% of the regularly available paid hours must be worked for such participation. Paid hours or hours worked include holidays (where appropriate), vacation (when accrued and awarded), valid sick leave (if applicable), but not "leave without pay" (LWOP) nor invalid "leave of absence" (LOA).

Section 10.04. A regular full-time employee’s sick day pay out allotment shall be pro-rated in the year of his/her termination based upon the date of termination.

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ARTICLE XI

Scale of Hourly Wages

Section 11.01. Exhibit "A" set forth the regular hourly rates of pay that shall be paid to regular bargaining unit employees during the term of this Agreement. The regular hourly rates shall be considered minimum rates, and the Employer may pay in excess of the applicable regular hourly rate. Increases for all classifications shall receive a $3.00 market adjustment in year 1 and a $1.25 flat rate wage increase in each remaining year of the Collective Bargaining Agreement.

Section 11.02 All increases scheduled during the contract term will be effective at the beginning of the payroll period closest to the stipulated dates.

All wages for paid time off will be of the straight time hourly rate, which excludes shift differential.

Section 11.03 Temporary upgrade assignments - Employees temporarily assigned to a higher pay grade classification shall receive the higher pay for the hours worked. When the hours worked exceed four (4), the employee then will receive the higher pay for the entire eight

(8) hours, which constitute the workday.

Section 11.04 Hazard Pay - A wage rate equal to the current plumber rate plus two dollars ($2.00) per hour shall be paid for actual hazardous duty work, not training. Hazardous duty shall be defined as asbestos or hazmat spill response work, where an individual is required

(for safety reasons) to be certified and "suited-up".

Section 11.05 Shift Differential – An additional ($1.50) per hour shift premium shall be paid to employees working between the hours of 3 pm and 11 pm.

An additional ($2.00) per hour shift premium shall be paid to employees working between the hours of 11 pm and 7 am.

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Section 11.06 Lead positions - The determination for establishing a lead position within a job classification will be at the discretion of the Company. The wage rates for lead positions are stated in Appendix A. The responsibilities of the lead position are as follows:

(a) Perform the duties and carry out the responsibilities of their assigned job classification.

(b) Serve as the primary contact point within the job family for the purpose of providing assistance in the planning of future work, requisitioning material and receiving Company generated work assignments.

(c) Delegate Company generated work assignments to represented employees within the like job family utilizing the staff in the most efficient and economical means possible.

(d) Provide the status of work assignments to the Company on an as-requested basis.

(e) The Company has the primary responsibility for checking work. A lead has the secondary responsibility to verify that the work is being properly executed.

Section 11.07 - Discretionary Bonus Program

Under this umbrella and at the discretion of Executive Management, bonuses are often awarded to individuals and/or teams that have made a substantial contribution to business operations in which Executive Management deem important and deserving of merit recognition.

Discretionary bonuses are provided as a reward for excellent performance, behavior or skill, in which the outcome of the individual’s efforts demonstrate the values of the company and further our organizational goals.

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a. Policy Brief & Purpose

This notice clarifies how our company chooses to distribute bonuses to employees.

Intent is to reward employees whenever possible, since some may contribute to the company’s success with hard work. This policy applies to all regular full-time and part-time employees. Seasonal employees, interns and temporary employees with a tenure of less than one year are not eligible for bonuses. The Company may modify this policy and its bonus plans at any time without notice. Only written promises of bonuses will be considered valid.

b. Bonuses are discretionary

Discretionary bonuses are determined at the company’s sole discretion. They aren’t promised to employees nor are a guarantee that anyone will receive them. For example, we may pay a bonus to reward an employee who showed exemplary performance at a particular time.

c. Policy elements

The company rewards employees for outstanding individual performance, as well as their contributions that help us achieve company goals. For this reason, we award bonuses in Lump-sum bonus form:

d. Discretionary Lump-sum bonuses (also known as Spot-Bonus Award)

Lump-sum/spot-bonus bonuses are discretionary. The Company may award lump-sum bonuses (one-time bonus payments) to employees who show exemplary performance. We define “exemplary performance” as:

• Exceeding goals, either financial or nonfinancial

• Performing additional duties from what is expected

Serving as a good example of professional behavior to other employees (e.g. teamwork, ethics, leadership)

*Bonuses are subject to taxation (local, state and federal taxes).

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ARTICLE XII

Health and Welfare Fund

Section 12.01. Employer (RWD) shall cover the cost of healthcare premiums for employees and eligible dependents (i.e., family coverage). Employer shall honor levels and types of benefits typical to those historically provided to employees to include health, dental, vision, life insurance, and sick/accident insurance. Employees and Family eligible for health, dental, and vision insurance coverage under the Company’s insurance plan will be enrolled upon election of benefits with premium cost paid by the Company.

In lieu of the Company benefit plan, with proof of other group insurance coverage employees may choose to opt out of the Company insurance plan at which time the cash equivalent for health and welfare benefits (as stipulated in the most recent and current Contract

Wage Determination) shall be automatically added to the employee's 401K account or paid in their semi-monthly paycheck.

Additionally, the Company will provide life, long term and short-term disability and accident insurance. The levels and types of benefits will be typical to those currently provide to include health, dental, vision, life insurance, and sick/accident insurance.

Section 12.02. Employees who are regularly scheduled to work a minimum of 30 hours per week shall become eligible for health insurance benefits after 60 calendar days

Section 12.03. The Employer's contributions into any of the above referred-to plans shall be credited against the requirements of any law requiring, in whole or in part, health and welfare benefits, including medical insurance benefits, be provided to any of the Employer's employees and their families.

Section 12.04. The Employer's obligation to make monthly contributions for regular full-time employees shall cease when an employee:

(A) dies, retires, is discharged, quits, or is permanently laid off or permanently disabled;

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(B) is temporarily disabled due to a non-occupational cause for more than twelve

(12) months;

(C) is temporarily disabled due to an occupational cause for more than twenty-four (24) months; and

(D) is laid off or goes onto a leave of absence for any reason other than an occupational or non-occupational disability, or a leave covered by the

Family & Medical Leave Act.

Section 12.05. The Employer and the Union intend for health care coverage option offered to satisfy the “affordability” requirements of Code Section 4980H. If, however, the

Employer or the Union determines that no health care coverage option offered satisfies or will satisfy the “affordability” requirements of Code Section 4980H, the Employer shall have the right to immediately avoid applicable penalties under Code Section 4980J resulting, or which will result, from the unaffordable coverage by increasing the contribution it pays toward coverage for an applicable employee. The amount of such increased contribution shall only be the amount necessary to cause the health care coverage to be “affordable” under Code Section

4980H. Further, if the Employer determines that the Fund health care coverage is not

“affordable” under Code Section 4980H, the Employer and the Union shall meet and bargain in good faith within fourteen (14) calendar days of such determination, to rectify the deficiencies in a manner other than requiring the Employer to bear the sole financial responsibility for the deficiencies.

ARTICLE XIII

Seniority

Section 13.01.

(A) All new employees shall be on a probationary period for ninety (90) calendar days. Such employees may be terminated at any time during the probationary period at the

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Employer's discretion. No such discharge shall be subject to the grievance or arbitration provisions of this Agreement, nor shall any such probationary employee be entitled to any benefits set forth in this Agreement, unless otherwise provided. Upon successful completion of the probationary period, employees shall become regular employees and they shall be given seniority retroactive to their last date of hire. "Regular employee" is defined to mean a full-time employee who has completed his or her probationary period.

(B) Temporary employees who have been employed for more than ninety (90) calendar days, and who are hired as regular, full-time employees, will not be required to complete the probationary period and will be given seniority retroactive to their last date of hire.

Section 13.02. In all cases of promotion, the following shall be determining factors:

(A) Length of service, and

(B) Ability to perform the work.

When ability is relatively equal, the length of continuous service shall govern. The

Employer retains the right to determine the employee's "ability to perform the work" and any employee so promoted has thirty (30) days in which to prove his qualification; but should the employee be incapable of performing the work in the judgment of the Employer, the Employer may return him or her to his or her original status.

Section 13.03. In the case of a decrease of forces, seniority shall be the determining factor.

If this becomes necessary, the Union shall be notified before any action is taken.

Section 13.04. Seniority shall be terminated or broken when an employee:

(A) Resigns or quits.

(B) Is discharged for just cause.

(C) Is laid off more than two (2) years.

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(D) After a layoff fails to report for work within fourteen (14) calendar days after being notified by telegram or mail, at his last address in the Employer's records, to do so, unless reasonable justification for the delay can be shown.

(E) Fails to return within three (3) days following the end of a leave of absence or any extension thereof.

(F) Absent without notifying management for three (3) working days or more, unless the employee's failure to call in is for a valid and verifiable reason.

(G) Absence in excess of two (2) years due to physical disability; provided, however, that where such absence is due to compensable disability incurred during the course of such employment, such absence shall not break continuous service, provided that such individual has returned to work within a seven (7) calendar day period after final payment of statutory compensation for such disability or after the end of the period used in calculating a lump sum payment.

Section 13.05 – Promotion to Supervisor

Any employee who is promoted from the Bargaining Unit to a supervisory position of

Bargaining Unit employees or who currently holds such a position shall retain the seniority as established and accrued under Article XIII. Additionally, they shall continue to accrue seniority for a period of six (6) months, at which time their accumulation will end. A supervisor of

Bargaining Unit employees may be returned to the Bargaining Unit under the following circumstances:

(a) Such supervisors may be returned to a position within the Bargaining Unit for which their qualifications and seniority entitles them if the Company so elects.

If during the first six (6) months following their date of promotion to a supervisory position, they request to be returned to a position within the unit, they may, with

Company approval, be returned to such a position for which their qualifications and seniority entitle them. If after 6 months they are returned to the bargaining unit, they

~ 25 ~ will have no seniority and will be considered a new employee in the bargaining unit.

They can, however, retain their earned time with the employer with regards to vacation accrual only.

Section 13.06. In order for the Employer to comply with the requirements of the Americans with Disabilities Act of 1990 and the Pennsylvania Human Relations Act, the Union will cooperate with the Employer to make reasonable accommodations for qualified individuals with disabilities.

It is recognized that in making reasonable accommodations, arrangements may have to be made that are not consistent with the provisions in this Agreement, including the Seniority Article.

ARTICLE XIV

Management

Section 14.01. The Employer shall have the right to manage and direct its working forces, including but not limited to the right to hire; discipline and discharge for just cause; to select and to determine the number of employees required for the Employer's operations; to assign work duties;

to establish new job classifications; and to make and enforce reasonable rules for employees' conduct; except insofar as these rights are limited by other provisions of this Agreement. The

Employer shall not exercise these rights in an arbitrary or capricious manner.

ARTICLE XV

Grievance Procedure

Section 15.01. Any grievance or dispute arising under this Agreement between the

Employer and the Union, shall be handled exclusively in the following manner:

Step A. The grievant shall promptly take the grievance or complaint up with his or her Lead Engineer and Steward for resolution.

Step B. In the event the grievance or complaint is not settled at Step A above, the grievance shall be reduced to writing, stating the nature of the grievance, ~ 26 ~ the section or sections of this Agreement involved, and the date or dates, and submitted to the employee's immediate non-union supervisor within ten (10) days, exclusive of Saturdays, Sundays and holidays.

The Employer's representative shall submit his or her answer in writing to the Steward within ten (10) days of receiving the grievance or complaint, exclusive of Saturdays, Sundays and holidays.

Step C. In the event that the Employer's answer at Step B above is not satisfactory, it shall be appealed in writing to the Employer within fourteen (14) calendar days of receipt of the Employer's answer at Step B above. A meeting between the Union's Business Manager or his/her designee and the Employer shall take place within fourteen (14) calendar days from when the Union appeals to Step C. An answer shall be submitted to the Union no later than seven (7) calendar days after such meeting.

Section 15.02. It is understood and agreed that any claim that an employee has been discriminated against in violation of federal, state or local law, or Article XXI of this Agreement shall be subject to the grievance procedure, but not to arbitration, unless otherwise agreed to in writing by the Employer.

Section 15.03.

Step A. In the event no settlement is reached by the procedure outlined in Steps

"A," "B" and "C" above, the Union may, upon written notice to the

Employer, with a courtesy copy to the Association, appeal the grievance to arbitration within fourteen (14) days after the answer in Step C above.

If the parties cannot agree upon a mutually acceptable arbitrator, the arbitrator shall be selected from a list of nine submitted to the parties from the Federal Mediation and Conciliation Service, which arbitrators

~ 27 ~ must be members of the National Academy of Arbitrators. The arbitrator shall render a decision which shall be final and binding upon the

Employer, the Union, and the employee(s) involved.

Step B. The arbitrator shall have jurisdiction and authority only to interpret or determine compliance with the express provisions of this Agreement.

The arbitrator shall have no jurisdiction or authority, by implication or otherwise, to add to or alter in any way the provisions of this Agreement.

Further, unless otherwise agreed upon by the Employer in writing, the arbitrator shall have no jurisdiction or authority, by implication or otherwise, to consider whether any discipline or discharge is in violation of Article XXI of this agreement or federal, state or local law.

Section 15.04. The cost of arbitration and meeting room shall be borne equally by both the

Company and the Union

ARTICLE XVI

No Strike

Section 16.01. It is mutually agreed that there shall be no strike, slowdowns, sitdowns, or other interferences with work by the Union or its members, and no lockouts by the Employer during the term of this Agreement.

ARTICLE XVII

Funeral Pay

Section 17.01. In the event of the death of the spouse, child or parent of any regular, full-time employee covered by this Agreement, the employee shall be paid his or her regular straight time hourly rate for scheduled time lost from work up to but not to exceed five (5) consecutive, scheduled work days of not more than eight (8) hours each, it being understood that payment for

~ 28 ~ such lost time off includes the day of burial; and further provided, the employee attends the funeral and furnishes proof thereof, if requested by the Employer.

Section 17.02. In the event of the death of a brother, sister, parent-in-law, sister-in-law,…