Collective Bargaining Agreement_JEH Cafeteria.pdf

AGREEMENT

BETWEEN

SDH SERVICES EAST, LLC

SODEXO GOVERNMENT SERVICES

AT

THE FEDERAL BUREAU OF INVESTIGATION (F.B.I.)

9th and PENNSYLVANIA AVENUE, N.W.

601 “G” Street, N.W.

WASHINGTON, DC

AND

UNITE HERE LOCAL 23, AFL-CIO

FROM: MAY 16, 2019 THROUGH: MAY 15, 2023

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https://sodexo.na1.echosign.com/verifier?tx=CBJCHBCAABAARSIquYMSEsjPCxsc-NPMoTLzRs1MV_X0 https://secure.na1.echosign.com/verifier?tx=CBJCHBCAABAARSIquYMSEsjPCxsc-NPMoTLzRs1MV_X0

FBI CBA effective May 16, 2019 through May 15, 2023 2

Table of Contents

ARTICLE 1 – SCOPE OF AGREEMENT

ARTICLE 2 – DEFINITION OF EMPLOYEE

ARTICLE 3 – CLASSIFICATION AND WAGES

ARTICLE 4 – PROBATIONARY PERIOD

ARTICLE 5 – HOURS OF WORK AND OVERTIME PAY

ARTICLE 6 – HOLIDAYS AND HOLIDAY PAY

ARTICLE 7 – VACATION AND VACATION PAY

ARTICLE 8 – INSURANCE

ARTICLE 9 – PENSION

ARTICLE 10 – 401(K) SAVINGS PLAN

ARTICLE 11 – SICK LEAVE

ARTICLE 12 – LEAVES OF ABSENCE

ARTICLE 13 – FUNERAL LEAVE

ARTICLE 14 – LAY-OFFS

ARTICLE 15 – PROMOTIONS

ARTICLE 16 – UNION ACTIVITY

ARTICLE 17 – DISCHARGE AND SUSPENSION

ARTICLE 18 – MEALS AND UNIFORMS

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ARTICLE 19 -- UNION MEMBERSHIP AND DEDUCTION OF DUES…..20

ARTICLE 20 – SELECTION OF EMPLOYEES

ARTICLE 21 – NO STRIKE, WORK STOPPAGE, OR LOCKOUT

ARTICLE 22 – GRIEVANCE PROCEDURE

ARTICLE 23 – JURY DUTY

ARTICLE 24 – IMMIGRATION RIGHTS

ARTICLE 25 – MANAGEMENT OF THE BUSINESS

ARTICLE 26 – NON-DISCRIMINATION

ARTICLE 27 – INCLEMENT WEATHER

ARTICLE 28 – SENIORITY

ARTICLE 29 – GENERAL PROVISIONS

ARTICLE 30 – SAFETY

ARTICLE 31 -- LABOR MANAGEMENT COMMITTEE …………………..30

ARTICLE 32 – SEPARABILITY

ARTICLE 33 – UNION STEWARDS

ARTICLE 34 – RESPECT AND DIGNITY

ARTICLE 35 -- TEMPORARY TRANSITIONAL DUTY PROGRAM……..31

ARTICLE 36 – DURATION OF AGREEMENT

APPENDIX "A" – CLASSIFICATIONS AND WAGES

SIDE LETTER OF AGREEMENT #1…………………………………………34

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SIDE LETTER OF AGREEMENT #2 – TECHNOLOGY

MEMORANDUM OF AGREEMENT JOINT TRAINING CURRICULUM ... 42

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AGREEMENT

This Agreement is made and entered into by and between SDH Services East, LLC, Sodexo Government Services at the Federal Bureau of Investigation, 9th and Pennsylvania Avenue, N.W., and 601 “G” Street, N.W., Washington, DC, (hereinafter referred to as “the Employer” or “the Company”), and UNITE HERE Local 23, AFL-CIO (hereinafter referred to as “the “Union”).

ARTICLE 1 – SCOPE OF AGREEMENT

For the duration of this Agreement, the Union shall be the sole collective bargaining agency for all the food service employees set forth in the classifications hereinafter mentioned employed by the Company at the Federal Bureau of Investigation (F.B.I.), 9th and Pennsylvania Avenue, N.W., and 601 “G” Street, N.W., Washington, D.C. Specifically excluded from the bargaining unit are office clerical employees, guards, professional employees, management trainees, and supervisors as defined in the National Labor Relations Act.

ARTICLE 2 – DEFINITION OF EMPLOYEE

The term “employee” as used in this Agreement shall be confined to the employees of this Company in the units and classifications provided for in Article 1 and Article 4, respectively. The term “Full Time Employee” as used in this Agreement shall mean all employees who normally work six (6) hours per day or thirty (30) hours per week. “Part Time Employee” shall mean all employees who normally work less than six (6) hours per day or thirty (30) hours per week.

ARTICLE 3 – CLASSIFICATION AND WAGES

Section 1. There is attached to this Agreement as Appendix “A”, a list of the various classifications and the respective rates of pay for the employees so classified. It is understood that such classifications and pay rates are acceptable to each of the parties and are incorporated in this Agreement by reference. The Company may also create new classifications, if necessary and desirable, upon notice to the Union; in which case the Company shall prepare a job description for each new classification that shall be attached to this Agreement and incorporated by reference.

Section 2. The classification of individual employees in effect May 15, 2012, except in cases of individual employees whose classifications have been changed by this Agreement, is accepted by the Company and the Union as the correct classification of employees and is in application as of the date of execution of this Agreement. It is agreed that the number of employees in any unit or classification is subject to reduction or increase by the Company as business or production conditions may necessitate, and nothing in this Agreement shall preclude employees from classification if they do not qualify.

Section 3. In the event that an employee has been improperly classified, the Company agrees to pay the new rate as of the date that the employee started the work in the new classification, but not to exceed ninety (90) days preceding written notice to the Company by the Union.

Section 4. If an employee performs services in more than one classification, the classification of said employee for the purpose of this Agreement shall be determined by the duty or service to which the majority of said employee’s time is devoted; provided, however, that the Company shall not divide hours of work for a classified job among two (2) or more lower classified employees which would result in the elimination of a higher classified job. All substitutions on the higher classified job shall be paid for at the rate of the higher classified job

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FBI CBA effective May 16, 2019 through May 15, 2023 6 provided the substitution is for more than one (1) hour of a working day. However, such substitutions shall not be divided among two (2) or more employees.

Section 5. Except as hereinafter provided, an employee under training for a higher classification than that in which he is regularly employed shall serve a thirty (30) working day maximum training period; during which time he shall be paid at the current rate. At the end of the training period, the employee shall either be promoted to the higher classification or return to his regular classification if he is not fully capable of performing the duties and carrying the schedule of the higher classification.

Section 6. When an employee is given a promotion, he shall receive the minimum rate of the higher grade. Such employee is, however, subject to return to his previous classification if he does not qualify at any time within thirty (30) working days of his promotion.

Section 7. In the event any promotions, or any increases in pay other than those stipulated by this Agreement, are granted to any of the employees covered by this Agreement, the Company agrees to notify the Union of such and the names of the employees who benefited from them.

Section 8. Supervisors will not perform bargaining unit work except as traditionally has been performed – f\or example, when there are no unit employees to perform the work needed, or when such is necessary for legitimate and immediate needs or for the instruction of personnel.

In no case shall supervisors or non-bargaining unit workers be utilized to erode the bargaining unit.

Section 9. A shift premium of an additional fifteen cents ($0.15) per hour for all hours worked shall be paid to an employee when half of their working hours are after two o’clock (2:00 p.m.).

ARTICLE 4 – PROBATIONARY PERIOD

It is hereby agreed to that all newly hired employees in any classification shall serve two (2) calendar month probationary and training period commencing with the first (1st) day of the calendar month following the time of employment; and it is further agreed that the Company may, at its discretion, extend the probationary period for as much as an additional thirty (30) days for any probationary employee, provided that the Company notify the Union in writing of the extension.

ARTICLE 5 – HOURS OF WORK AND OVERTIME PAY

Section 1. The “workweek” shall consist of a seven (7)-day payroll period beginning at 12:01 a.m. on Friday and ending at 11:59 p.m. on the following Thursday. The parties understand and agree that the beginning and end of the workweek may change as a result of changes to the Employer’s payroll or timekeeping systems. The Employer will notify the union and employees at least three (3) weeks before any change in the payroll period.

The workweek for employees covered by this Agreement shall consist of forty (40) hours in any five (5) consecutive days of no more that eight (8) hours per day. All work performed in excess of eight (8) hours in any one day, forty (40) hours in any one (1) week, shall be considered overtime work. Overtime work shall be compensated at the rate of one and one-half (1½) of the basic hourly rate of pay for the employee; provided, however, that daily and weekly overtime premiums shall not be pyramided on account of the same pay hours. Nothing in this Article

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FBI CBA effective May 16, 2019 through May 15, 2023 7 shall be construed guarantee any employee any number of hours per day or days per week.

Section 2. No employee shall receive a reduction in hours per week, nor shall there be any reduction in the net weekly wages paid to any employee as a result of the establishment of the aforesaid minimum rates of pay.

Section 3. The text in this Article shall not establish a guaranteed work schedule, number of days or hours to be worked in a work week, or the hours to be worked in a day.

The Employer is committed to creating as many full time schedules as possible and to maximize the available hours to create as many forty (40) paid hour schedules as possible consistent with its business needs. To the extent that there are employees with schedules less than forty (40) paid hours, the employer will create as many thirty nine and a half (39 1/2) paid hour schedules as possible and so forth in declining order consistent with its business needs until all employees have scheduled hours maximized in seniority order. Such established schedules shall not be deemed a guarantee of hours worked in a work day or work week, or days worked in a work week.

In the event of a reduction of business which would necessitate the reduction of hours, the Employer agrees to meet this reduction, wherever possible, through layoff and recall procedures. The Employer further agrees that it will provide the affected employee(s) and the Union as much advance notice as possible of any change in schedules and estimated duration if known.

If the Union believes that any such schedule change was not made for legitimate business reasons, then it may file a claim subject to the grievance and arbitration procedure herein;

provided however, that the Step 2 grievance mediation option of the grievance procedure must be utilized before any demand for arbitration may be filed.

ARTICLE 6 – HOLIDAYS AND HOLIDAY PAY

Section 1. The following days shall be considered holidays:

New Year’s Day Martin Luther King’s Birthday Washington’s Birthday (observed on 3rd Monday in February) Memorial Day Independence Day Labor Day Columbus Day Veterans’ Day Thanksgiving Day Christmas Day

The Company further agrees to grant two (2) additional holidays in each year, if in fact such day is declared as a holiday for Federal Government employees by the Federal Government or by Executive Decree or if scheduled to work and the government department or agency is declared closed for the day due to inclement weather or natural disaster.

Section 2. In the event a holiday falls on a day not normally worked by employees, they will not be paid unless the Government officially designates another regular working day as the holiday. Otherwise, employees shall receive their current rate of pay for the above holidays, provided they satisfy all of the following conditions:

Section 3. An employee who is not required to work on said holidays shall be on duty for such employee’s full scheduled working day on the day before and the full scheduled working

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FBI CBA effective May 16, 2019 through May 15, 2023 8 day after such holidays. However, no employee shall lose holiday pay because of tardiness on the day before or the day after such holiday, provided such tardiness does not exceed two (2) hours.

Section 4. An employee who is called upon or assigned to work on a holiday shall be paid their usual day’s pay for the holiday plus payment of their regular rate for all hours worked on the holiday. Employees not required to work on the holiday will be paid their usual day’s pay for the holiday.

Section 5. Employees on duty on said holidays who fail to qualify for full holiday pay shall be paid double time for the time actually put in on duty on such holidays.

Section 6. New employees must have completed their probationary period prior to the pay period in which the holiday falls.

ARTICLE 7 – VACATION AND VACATION PAY

Section 1. The Company agrees to give to its full time employees, on dates approved by the Company, vacation with pay under the following terms and conditions:

All employees shall receive the following vacation schedule:

One (1) week after one (1) year of service Two (2) weeks after two (2) years of service Three (3) weeks after eight (8) years of service Four (4) weeks after fifteen (15) years of service

Each year’s vacation entitlement is earned for all employees as of the union contract year anniversary date – that is, May 16th.

For vacation eligibility purposes only, employees will receive credit for years of continuous service at the F.B.I. location covered by this agreement with Sodexo, as well as all previous food service operators.

Section 2. Vacation will be paid for at the individual employee’s daily pay existing at the time the vacation is taken. Employees with ten (10) or more years of seniority may receive their vacation pay on the last pay day before taking vacation if the employee has made this request in writing at least two (2) weeks’ in advance.

Section 3. A vacation calendar will be posted in December. Vacation time will need to be scheduled on the vacation calendar by the last day of February. Requests will be granted based on seniority. Requests received after the last day of February will be granted based on business needs and then on a first come, first serve, basis.

Section 4. Vacation accrued, and that vacation which is authorized “in advance” will be taken on dates as approved by unit Management. However, the desires of individual employees will be considered and satisfied wherever feasible, consistent with the efficient operation of the units. Those employees with the greatest seniority are given preference.

Section 5. Any employee entitled to compensation for vacation at the time of termination of employment shall, at such termination, be paid such compensation. However, such employees

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FBI CBA effective May 16, 2019 through May 15, 2023 9 shall not have earned vacation pay for the last month of his employment unless he has worked through the twenty-fifth (25th) day of the calendar month, or has unused vacation pay credits which would extend through the twenty-fifth (25th) day of that calendar month. Accrued vacation may not be carried over into the next anniversary year. However, in cases where it is impossible for the Company to provide an opportunity for an employee to take leave, then such an employee shall be compensated for unused leave at the end of said anniversary year.

Section 6. Accrued vacation may be used by an employee for any purpose he/she chooses such as uncompensated sick days or leave, Union business or personal business; provided such use of vacation time is approved by the manager, and provided the employee gives two (2) weeks’ notice to the manager, unless such notice is not possible.

Section 7. Vacation earned during an employee’s year of service must be taken before the end of his following anniversary year.

No employee will be allowed to take more vacation than their prior year’s entitlement during any one (1) vacation year. Pay in lieu of vacation will not be allowed.

Vacation may not be taken in less than full day increments.

Section 8. The Employer shall provide a report indicating each employee’s available vacation days on January 1st, April 1st, July 1st and October 1st.

ARTICLE 8 – INSURANCE

Section 1. Prior to January 1, 2020 the Employer shall follow the prior CBA’s (effective May 16, 2016 through May 15, 2019) terms for providing Medical, Dental, Vision, Life and AD&D and Short-Term Disability coverage through the Fund. Accordingly, the parties agree that the health and welfare provisions of the prior CBA that expired on May 15, 2019 will be extended through December 31, 2019 for the purposes of contributions to the Fund.

Section 2. Trust Language Effective January 1, 2020 the Employer agrees to contribute for each employee covered by this Agreement to UNITE HERE HEALTH (“Fund”) for the purpose of providing health and welfare benefits under the UNITE HERE HEALTH Food Service Plan Unit II (“FSP II”), or such new, merged or consolidated plan units as may be adopted by the Trustees. Said contributions shall be submitted electronically together with an electronic report of the employee data required by the Fund in the format prescribed by the Fund, no later than the fifteenth (15th) day of the month preceding the month of coverage.

In addition to providing the monthly report and payment set forth above, the Employer must report to the Fund, by no later than 10am on the last business day of the month, any changes in the status of an employee that may affect that employee’s coverage (for example, terminations, layoffs, new hires and newly eligibles). Since the Fund generally cannot rescind coverage, if the Employer fails to timely report a change that would otherwise terminate coverage, the Employer must pay the entire contribution for that employee (including any co-premium normally paid by the employee) for each additional month until the status change is reported to the Fund. If the Employer timely reports a change that would otherwise terminate coverage, the Employer will receive a credit for any applicable monthly payment submitted during the month of change.

The Employer agrees to submit the electronic payments and reports in a format approved by the Fund or directly via the Fund’s online system. The parties acknowledge that an Excel

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FBI CBA effective May 16, 2019 through May 15, 2023 10 spreadsheet with the required data fields and payment via ACH are approved formats. The Union and Employer acknowledge that the Employer’s late report may result in a delay in the benefits of otherwise eligible employees.

The Employer and the Union agree to be bound by the Agreement and Declaration of Trust (“Trust Agreement”) of the Fund as may, from time to time, be amended, and they do hereby irrevocably designate as their respective representatives on the Board of Trustees, such Trustees named in said Trust Agreement as Employer and Union Trustees, together with their successors selected as provided therein, and agree to abide and be bound by all procedures established and actions taken by the Trustees pursuant to said Trust Agreement. Any provision in this Agreement that is inconsistent with the Trust Agreement, or the Plan of Benefits, rules, or procedures established by the Trustees, shall be null and void.

Section 3. General Provisions The Employer shall contribute to the Fund for all eligible employees. An eligible employee is defined as an employee who regularly works twenty-five (25) hours or more per week during the calendar year at the location covered by this Agreement.

The following classes of employees shall be covered by this Agreement and shall be eligible for contributions to the Fund: Cook, Grill Cook, Storeroom Employee, Barista, FSW/Cashier, Food Service Worker, and Utility.

The Employer will begin making contributions to the Fund for eligible employees upon the earlier of: (a) the first of the month following two (2) months of employment or (b) completion of 1,020 hours of service.

Section 4. Monthly Contributions A. Medical. The Employer shall contribute the sums stated below for all eligible employees who elect coverage for Food Service Plan II Medical -- that is, the Mid-Atlantic Kaiser Signature HMO Plan:

Effective Date Single Single + Spouse Single + Child(ren) Family 01/01/20 $610.57 $1,302.17 $1,018.44 $1,808.58 01/01/21 Increase in medical premium as determined by Fund 01/01/22 Increase in medical premium as determined by Fund 01/01/23 Increase in medical premium as determined by Fund

(B) Dental Insurance and Vision Insurance benefits for all eligible employees

The Employer will provide dental insurance and vision insurance benefits through the Fund to all eligible employees at no cost to the employee. This will include eligible employees who enroll in medical insurance, as well as those employees who decline medical insurance.

Employer monthly contributions per eligible employee for dental insurance benefits through the Fund (CIGNA Dental P3X00 HMO) and vision insurance benefits through the Fund (Davis Vision) shall be as follows:

Effective Date Rate__ 01/01/20 $42.03 01/01/21 Per Fund 01/01/22 Per Fund 01/01/23 Per Fund

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(C) Short Term Disability (STD) The Employer will provide Short-Term Disability benefits ($300.00 per week benefit) through the Fund to all eligible employees at no cost to the employee, also including those who decline Medical coverage.

Employer monthly contributions per eligible employee shall be as follows:

Effective Date Rate 01/01/20 $19.95 01/01/21 $19.95 01/01/22 Per Fund 01/01/23 Per Fund

(D) Life and AD&D for all eligible employees The Employer will provide Life and AD&D benefits through the Fund to all eligible employees at no cost to the employee, also including those who decline Medical coverage.

Employer monthly contributions per eligible employee shall be as follows:

Effective Date Rate

01/01/20 $1.90 01/01/21 $1.90 01/01/22 Per Fund 01/01/23 Per Fund

(E) Effective January 1, 2021 (effective January 1, 2022 for short-term disability and life insurance) through the expiration of this Agreement, the Employer agrees to contribute the contribution rates necessary for the above-mentioned options, as determined by the Fund, to sustain benefits. The parties agree and understand that, if the appropriate contribution rates are not paid, the Trustees of the Fund may eliminate benefits to otherwise eligible participants and terminate the employer’s participation pursuant to the Fund’s Minimum Standards.

Section 5. Employee Co-premium – Medical.

Effective February 1, 2020, the Employer will deduct six percent (6.0%) of said coverage contributions from employees’ paychecks on a monthly basis for single coverage; eight percent (8.0%) of said coverage contributions for single plus spouse coverage; eight percent (8.0%) for single plus child(ren) coverage; and eight percent (8.0%) for family coverage.

Effective January 1, 2021, the Employer will deduct five percent (5.0%) of said coverage contributions from employees’ paychecks on a monthly basis for single coverage; seven percent (7.0%) of said coverage contributions for single plus spouse coverage; seven percent (7.0%) for single plus child(ren) coverage; and seven percent (7.0%) for family coverage.

Effective January 1, 2022, the Employer will deduct four-and-one-half percent (4.5%) of said coverage contributions from employees’ paychecks on a monthly basis for single coverage;

six-and-one-half percent (6.5%) of said coverage contributions for single plus spouse coverage;

six-and-one-half percent (6.5%) for single plus child(ren) coverage; and six-and-one-half percent (6.5%) for family coverage.

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Effective January 1, 2023, the Employer will deduct four percent (4.0%) of said coverage contributions from employees’ paychecks on a monthly basis for single coverage; six percent (6.0%) of said coverage contributions for single plus spouse coverage; six percent (6.0%) for single plus child(ren) coverage; and six percent (6.0%) for family coverage.

The employee share of the premium will be deducted each week through payroll deduction.

The employee’s weekly deduction will be calculated based on the total annual amount owed by the employee divided by fifty-two (52).

The Employer will submit the entire contribution to the Fund on a monthly basis on behalf of all eligible employees who have paid their portion of the contribution.

Section 6. Election, Enrollment and Waiver:

The parties agree that employees cannot waive coverage in exchange for wages or some other type of benefit.

The parties agree that an employee may only change his or her enrollment election during the Open Enrollment period of each year of the Agreement or such other times as allowed by applicable federal law. An employee who enrolls in coverage will automatically be enrolled in the same level of coverage each subsequent enrollment period, unless he or she elects to change their level of coverage during Open Enrollment.

For any coverage level for which there is an employee co-premium, the Employer is required to remit contributions to the Fund for those employees who enroll in the Fund and agree to remit the required co-premium via payroll deduction. Eligible employees who wish to enroll in the Plan shall do so in accordance with the Fund’s policies, including but not limited to, signing an Election Form or enrolling telephonically. The Employer is required to keep a copy of either the telephonic confirmation letter or signed election form, as applicable. Such form shall be retained with the employee’s file and made available to the Fund upon request.

Section 7. Mandatory Health Care Meetings The Employer and the Union are jointly committed to maintaining quality and affordable health care for all bargaining unit members. To that end, the parties have agreed to the following proactive training program in order to ensure that covered individuals are made aware of the most effective way to utilize the benefits in an effort to maximize quality and control costs.

a) The Employer will call a mandatory employee meeting within ninety (90) days of the signing of this agreement or signing a future CBA;

b) Each year thereafter, the Employer shall call a mandatory employee meeting within ninety (90) days of open enrollment, or at a later time by mutual agreement with the Union;

c) Such meeting shall be no less than thirty (30) minutes, but may be added to the beginning or end of an existing mandatory employee meeting;

d) Only those employees who are eligible to participate in the UNITE HERE HEALTH Food Service Plan will be required to attend;

e) Employees attending such meeting will be paid at their normal hourly rate;

f) The meeting will be run by staff from UNITE HERE HEALTH and/or the Union.

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g) The General Manager and/or local Human Resources Representative will attend this meeting in order to better be able to answer any questions they may receive from employees;

h) The General Manager and/or local Human Resource Representative and Local Union Representative will coordinate to determine if the location needs to have one mandatory meeting or multiple meetings to accommodate differing days off and/or shifts.

Section 8. Local 23 & Employers’ Training Fund.

The Employer agrees to contribute ten cents ($0.10) per hour for each employee who works twenty (20) or more hours per week, for all hours actually paid (not to exceed forty (40) hours per week) in to the Local 23 & Employers’ Training Fund.

Effective February 1, 2020, the Employer will increase its contribution to eleven cents ($0.11) per hour.

Effective January 1, 2021, the Employer will increase its contribution to twelve cents ($0.12) per hour.

Effective January 1, 2022, the Employer will increase its contribution to thirteen cents ($0.13) per hour.

ARTICLE 9 – PENSION

Section 1. The Employer’s pension contributions to the Food and Beverage Workers Union, Local 23 and Employers’ Pension Fund will begin the first of the month following ninety (90) days of employment and will be made on behalf of each employee who actually works twenty-five (25) or more hours in a work week.

Based on the foregoing criteria, the Company agrees to contribute seventy-five cents ($0.75) per employee hour actually worked to the Food and Beverage Workers Union Local 23 and Employers Pension Fund.

Effective February 1, 2020, the Company will increase its contribution to eighty-five cents ($0.85) per employee hour actually worked.

Effective January 1, 2021, the Company will increase its contribution to ninety-five cents ($0.95) per employee hour actually worked.

Effective January 1, 2022, the Company will increase its contribution to one dollar and five cents ($1.05) per employee hour actually worked.

Effective January 1, 2023, the Company will increase its contribution to one dollar and fifteen cents ($1.15) per employee hour actually worked.

Section 2. The Company’s contribution obligations described in this article will be the sole obligations of the Company with respect to the Pension Plan described in this Article. The trustees of the Pension Plan may make changes in plan provisions and in the level of benefits that employees receive. However, the Company’s cost of providing this pension benefit will be no more than what is provided for in this Agreement.

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ARTICLE 10 – 401(k) SAVINGS PLAN Section 1. Eligibility. Effective January 1, 2017, the Employer agrees to become a participating Employer in the National Retirement Fund’s National Plus Plan (hereinafter called the “Plan”), for employees in the bargaining unit covered by this Agreement.

Eligible employees will be those who are regularly scheduled to work twenty (20) hours or more per week, and who have been employed ninety (90) days or more as of the first of any calendar month.

The “Plan” is a defined contribution plan as described by ERISA, and is commonly known as a 401(k) plan. The “Plan” is intended to comply with Section 404(c) of ERISA and the underlying regulations.

Section 2. Contributions. The Employer will not make contributions to the Plan on behalf of any employee.

Section 3. Participation. In order to participate in the National Plus Plan an employee must satisfy the following criteria:

1. An employee must be a covered employee as described in Section 1 of this Article.

2. An employee must have enrolled in the “Plan” and elected to make voluntary contributions to the “Plan” on a whole percentage basis through payroll deduction.

Section 4. Employee voluntary contributions shall be submitted monthly by the Employer, together with a report of the employee data required by the Plan, no later than the fifteenth (15th) day of the month following the month for which contributions are to be made.

The Employer and the Union agree to be bound by the Agreement and Declaration of Trust of the National Retirement Fund’s National Plus Plan (the “Plan”), or such new, merged, or consolidated plan 401(k) plan as may be adopted by the Trustees, and they do hereby irrevocably designate as their representative on the Board of Trustees, such Trustees named in said Agreement and Declaration of Trust as Employer and Union Trustees, together with their successors selected as provided therein, and agree to abide and be bound by all procedures established and actions taken by the Trustees pursuant to said Trust Agreement.

As of the effective date of this Agreement, the terms provided herein are consistent with the Agreement and Declaration of Trust of the “Plan”. However, if in the future, any provision of this Agreement becomes inconsistent with the Agreement and Declaration of Trust, rules or procedures subsequently established by the Trustees, any such inconsistent provisions of this Agreement shall be null and void, provided the Trust Fund provides written notice to the Employer. However, the Trustees shall not have the power unilaterally to either increase the contribution rate negotiated by the Employer and the Union, or modify the date contributions are to be paid, as set forth in the Collective Bargaining Agreement, during the life of this Agreement.

The Employer will provide to the National Retirement Fund information the National Retirement Fund reasonably requests for the purpose of conducting non-discrimination testing for the National Plus Plan.

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ARTICLE 11 – SICK LEAVE

Section 1. Each contract year, each full time employee shall accrue one half (1/2) sick day for each month of service during the contract year to a maximum of six (6) days per contract year.

Section 2. Sick leave days are available starting the first (1st) day of any illness. Company may require employees to furnish a doctor’ a certificate if sick leave policy is abused.

Section 3. Sick pay shall be based on the employee’s regular daily wage. Sick leave may not be carried over from one contract year to another.

Section 4. In addition, any approved time off in advance and sick leave will not count as occurrence against an employee.

Section 5. Upon completion of one (1) full contract year of service, all unused sick days and accrual will be paid out at the end of the contract year at one hundred percent (100%) of their value as an incentive not to use them.

Section 6. A doctor’s certificate may be required for an absence due to illness of three (3) or more days.

Section 7. Sick days may be used for the employee’s own injury or illness, the employee’s own medical appointments, or the injury, illness or medical appointments of a spouse, domestic partner, or dependent.

Section 8. The Employer shall provide a report indicating each employee’s available sick days on January 1st, April 1st, July 1st, and October 1st.

ARTICLE 12 – LEAVES OF ABSENCE

Section 1. Medical Leaves of Absence. The Company agrees that an employee with at least one (1) year of seniority who is temporarily incapacitated for work because of an accident or illness, shall be granted a medical leave of absence without pay for the period that the employee is medically unable to perform the job, not to exceed twelve (12) months. Such employee shall be entitled to be reinstated, without loss of seniority, to his former or equivalent job and classification, unless his right to reinstatement has been eliminated by the lay-off procedure as provided for in Article 13 of this Agreement, provided, he/she has been released to return to work by his/her physician; and further provided that said employee shall notify the Company at least thirty (30) days prior to his contemplated return to duty. The Company shall continue to pay its share of the employee’s health insurance premium for up to sixteen (16) weeks each year, or more if mandated by applicable law, during the leave period, so long as the employee continues to pay his/her share of the health insurance premium. A reputable physician must certify the employee’s ability to return to work and resume performing the functions of their position.

Section 2. Personal Leaves of Absence. Employees with at least one (1) year of continued service with the Company shall receive, upon request, one (1) leave of absence without pay for up to sixty (60) calendar days per year, for compelling personal reasons provided that such leave will not adversely affect the operation of the unit. . An employee must submit a written request at least thirty (30) calendar days in advance; however, the Employer

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FBI CBA effective May 16, 2019 through May 15, 2023 16 will consider exceptions for unforeseen circumstances. The application shall specify the reason and the requested length of time for leave. Employees shall fill out leave forms specifying the date of return and may not work or apply for unemployment compensation during such leave.

Employee's leave shall not be unreasonably withheld. The leave may be extended for thirty

(30) calendar days by mutual agreement of the parties in writing in advance of the conclusion of the original leave and will not be unreasonably denied. The employee shall give a minimum of fourteen (14) calendar days’ notice of such request. All leave requests shall be approved in the sole discretion of the Employer and must include a return to work date.

An employee returning from a personal leave of absence of sixty (60) days or less, shall be entitled to be reinstated, without loss of seniority, to his former or equivalent job and classification, unless his right to reinstatement has been eliminated by the lay-off procedure as provided for in Article 13 of this Agreement.

Section 3. Family Leaves of Absence. An employee may take up to sixteen (16) work weeks per year of Family Leave, or more if mandated by applicable law, to care for a sick relative of the immediate family as defined by applicable law and/or for one (1) year after the birth or adoption of a child. Such employee shall be entitled to reinstatement without loss of seniority, to his/her former or equivalent job and classification, unless his right to reinstatement has been eliminated by the layoff procedure as provided for in Article 13 of this Agreement.

During said leave, the Company shall continue to pay its share of the employee’s health insurance premium so long as the employee continues to pay his/her share of the health insurance premium.

The maximum number of weeks that the Company will be required to continue to pay is share of the employee’s health insurance premium will be a total of sixteen (16) weeks cumulatively for medical and family leaves, in any rolling twelve (12) month calendar year, or more if mandated by applicable law.

Section 4. Union Leaves of Absence. In the event an employee is hired or appointed to short-term employment with the Union, the employee shall be allowed to take an unpaid leave without benefits, subject to the Employer’s legitimate business needs. The employee shall give the Employer a minimum of 14 calendar days’ written notice of such request. Such leave shall not exceed six (6) months. However, a six (6) month extension may be requested which will not be unreasonably denied. No more than one employee from the bargaining unit may be awarded such leave at a time. The employee on Union leave will not normally be assigned to union business at the Employer’s operation from which he/she took leave. The Employer shall continue to pay for the employee’s benefits during such leave provided that the Union and/or the employee reimburses the Employer in full for such benefits beginning on the first day of the month following the commencement of such leave. During such leave, the Employer will continue the seniority of the employee on leave and the accrual of benefits based on seniority.

Section 5. An employee who enters the armed forces of the United States, or is called to active duty or military training, will be granted an unpaid leave of absence according to applicable laws.

Section 6. Vacancies created by leaves described in Sections 1, 2, 3 and 4 of this Article shall not be subject to the Job Posting requirements and may be filled temporarily at the Employer’s discretion.

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Section 7. The Employer may, in accordance with the Job Posting requirements, fill vacancies created by personal leaves of more than sixty (60) days. Employees returning from personal leaves of more than sixty (60) days shall be entitled to fill an existing vacancy that is consistent with their seniority and qualifications.

Section 8. Vacations shall continue to accrue during any leave of absence described in Sections 1, 2, 3 and 4 of this Article for employees with one (1) or more years of service.

Employees on personal leave of absence of more than sixty (60) days will not accrue vacation for the period of leave beyond sixty (60) days.

Section 9. Parental Leave Any employee who is a parent (as defined in The District of Columbia Parental Leave Act of 1994), shall be entitled to a total of twenty-four (24) hours of unpaid leave during a twelve (12) month period to attend or participate in a school-related or college event for his or her child in which the child is a participant or a subject. An employee shall notify the employer of the desire for parental leave to attend a school-related or college event at least ten (10) calendar days in advance, unless, in the case of a school event, the need to attend the school-related event cannot be reasonably foreseen. An employee may use available paid vacation days.

ARTICLE 13 – FUNERAL LEAVE

Section 1. In the event of death in the immediate family of an employee requiring such employee to be absent from work, such employee shall be allowed pay at his basic rate for the amount of time lost which is reasonably and necessary under these circumstances; but in non event shall absence with pay exceed three (3) consecutive days.

If the funeral is to take place more than two hundred and fifty (250) miles but less than five hundred (500) miles from where the employee works, then an employee shall be allowed to take up to an additional two (2) unpaid days. (Sick days may be used if the employee has them available.) If the funeral is to take place more than five hundred (500) miles from where the employee works, the employee will be allowed to take up to five (5) consecutive working days of paid funeral leave.

Section 2. For the purpose of this section, immediate family shall be defined to include only spouse, child, father, mother, brother, sister or legal guardian of the employee. In the event of the death of a grandparent, employees shall be allowed one (1) paid day of funeral leave. It is understood and agreed that the Company may require satisfactory proof as to any such death, the true relationship of the deceased to the particular employee, and the date, time, and place of the funeral. Falsification of any of this information shall be grounds for dismissal.

ARTICLE 14 – LAY-OFFS

In the event that the Company finds it necessary to lay-off employees due to insufficient work, such lay-offs within the particular classification shall be on the basis of seniority within the bargaining unit, i.e., the employee on duty in the classification in which reduction is being made having the shorter period of continuous service within the bargaining unit shall be laid off before any other employee having a longer period of continuous service within the bargaining unit and on duty in the classification in which the reduction is being made. However, such laid-off employees shall have the option of accepting a job in a lower classification provided they can do the job and their seniority permits. Employees with more than twenty four (24) months of continuous service will be given not less than five (5) calendar days notice of any layoff or separation because of a decrease in business or discontinuance of any unit, except in cases

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FBI CBA effective May 16, 2019 through May 15, 2023 18 where the Company does not receive sufficient notice from the Federal Authorities regarding the closing of a cafeteria or removal of personnel from a building which would result in a sudden decline in business.

ARTICLE 15 – PROMOTIONS

Section 1. In granting to employees promotions, increases in hours or work, including extra work and opportunities to train for higher classified jobs, the Company agrees to give preference to employees possessing the greater seniority who are qualified and able to do the job. In units where work is regularly scheduled on Saturdays, Sundays, or evenings, employees will perform such work on a voluntary basis or on a rotation basis.

Section 2. Job Postings. The Company shall post all job openings in a conspicuous place for no less than five (5) working days. The provisions of this Article will apply to temporary vacancies. All job postings will be e-mailed to the Union at Local23@unitehere.org with the subject header “Job postings”. The posting shall contain the minimum qualifications, skill requirements, work year, workweek, wages, and job description for the posted position. Copies of all postings shall be given to the Chief Steward on site. Copies of completed postings shall be given to the Chief Steward and e-mailed to the Union within ten (10) working days of the bid award.

ARTICLE 16 – UNION ACTIVITY

Section 1. This Article provides a Union visitation process that will ensure the proper balance between operations and the accredited representative visitation to the Employer’s public and private business areas for the purposes of conferring with the Employer and the Union Steward and monitoring the administration of this Agreement.

An authorized representative of the Union will make reasonable attempts to notify the General Manager or authorized designee in advance of arriving on the Employer’s or client’s premises of their desire to visit. Upon arrival on the Employer’s or client’s premises, the Union accredited representative will make reasonable attempts to notify the General Manager or authorized designee, in person, of his/her presence prior to having a discussion with any employee. Such visitation shall not interfere with the work of the employees or the service to the customers of the Employer and will follow the client’s security regulations.

Section 2. The Company shall not discriminate against any employee because of their union activities.

Section 3. Union representatives will not disrupt the Company operation. Union representatives will limit themselves to brief conversations with employees while they are working and will have no conversations with employees during peak periods unless there is a safety matter of immediate urgency.

Section 4. The Employer shall permit the Union reasonable use of bulletin boards for the purpose of posting official union business information.

Section 5. Employees shall be permitted to wear one union button no longer than one-and-one-half (1.5)-inch while performing their duties, provided the button is not defamatory, or disparaging toward the Employer or the Employer’s client.

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ARTICLE 17 – DISCHARGE AND SUSPENSION

Section 1. Employees shall not be suspended or discharged for Union activities, but no Union activities shall be permitted within working hours. No employee shall be suspended or discharged without just cause.

Nothing here shall be construed as limiting the Company's right to suspend or discharge an employee for cause. All disciplinary notices expire after twelve (12) months.

All notices of serious discipline (suspension and termination) will be e-mailed to the Union within seven (7) days of issuance.

Section 2. Should the Employer decide to initiate discipline, the penalty imposed for disciplinary purposes shall be the minimum necessary to correct the employee and maintain general discipline and morale in the workforce. However, the employee’s work history, prior disciplinary actions and seniority shall be considered in determining the severity of the penalty.

The parties recognize the principles and need for a method by which progressive discipline shall be provided. The Employer will administer progressive discipline as follows:

a) First written warning.

b) Second written warning.

c) A final warning and disciplinary suspension of up to five (5) scheduled work days.

d) Suspension pending investigation and decision to discharge.

Section 3. Employees discharged, suspended, or otherwise disciplined without good and sufficient cause shall be compensated for time lost to the extent that he has suffered in earnings and employment during the time lost. Due regard shall be given to earnings and employment of the employee during the period of discharge or suspension disciplinary action. In case of disciplinary action other than discharge or suspension, such disciplinary action shall be canceled.

Section 4. Any grievance, which arises concerning suspension or discharge, shall be handled in accordance with the provision for Grievance Procedure and Arbitration, Article 22 of this Agreement, with the following exceptions that shall not be subjected to Arbitration:

(a) Suspension or discharge made at the request of the Head of a Federal Agency or designated representative.

(b) Suspension or discharge of probationary employees.

Section 5. The Company agrees to notify the Union at least twenty four (24) hours before discharging any Union steward except in instances of reporting to work intoxicated, proven dishonesty or for gross misconduct.

Section 6. Disciplinary action will be initiated within three (3) working days from the date the employee commits the violation of the policy or work rules or inappropriate behavior, or within three (3) working days of when the Company knew or should have known of the violation of the policy or work rules or inappropriate behavior.

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Section 7. Where there is deficiency in an employee’s work performance, the employer agrees to meet with the employee to discuss the matter offering ways to improve prior to any disciplinary action being taken.

Section 8. Should the employer decide to initiate disciplinary action, the penalty imposed for disciplinary purposes shall be at the sole discretion of management, however the employee’s work history, prior disciplinary action, and seniority shall be considered in determining the severity of the penalty.

ARTICLE 18 – MEALS AND UNIFORMS

Section 1. The Company agrees that all employees shall receive one warm palatable meal, for each meal worked, such meals to be taken in the regular cafeteria area. Employees shall not be required to pay for any retail amount less than six dollars and fifty cents ($6.50) for breakfast and less than ten dollars ($10.00) for lunch. The menu will be changed daily to include a reasonable variety.