Attachment 4 Coll Bargain Agree rev 7-29-2024.pdf

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION

LOCAL 32BJ

AND

GOV SERVICES INC.

LOCATION: JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

START: OCTOBER 1, 2024

END: SEPTEMBER 30, 2028

AGREEMENT

This Agreement, entered into this 1st day of October, 2024 by and between GOV Services, Inc.

located at 6926 Regent Ln, Falls Church, VA 22042 (hereinafter called the “Company” or

“Employer”), and the Service Employees International Union, Local 32BJ (hereinafter called the

“Union”).

Whereas, the parties hereto desire to cooperate in establishing and maintaining proper and suitable conditions in the industry which will tend to secure the uniform and equitable terms of employment and conditions of labor satisfactory to the Company and employees, and provide methods for fair and peaceful adjustment of all disputes that may arise between the parties hereto or between those represented by them who are affected by this Agreement, and in order to ensure, so far as possible, uninterrupted operation and general stabilization of the industry; and to promulgate rules and regulations and to establish and declare policies to ensure a proper and technical conduct of the business and relations between the Company and the Union.

Now, therefore, the Company and the Union hereby mutually agree as follows:

ARTICLE 1 – RECOGNITION

SECTION 1. The Company recognizes the Union as the sole and exclusive bargaining agent, with respect to wages, hours, and other conditions of employment, for all cleaning personnel who are permanently assigned to work under the Company’s service contract for the John F. Kennedy

Center for the Performing Arts (hereinafter called the “Kennedy Center”), located in Washington, D.C., excluding management, supervisory, clerical and security guard personnel.

SECTION 2. In the event of a vacancy within the unit hereinabove defined, the Company shall give the Union an opportunity to fill such vacancy, provided, however, that nothing contained in this Agreement shall be construed to require the Company neither to employ applicants for employment proposed by the Union nor to discriminate against non-union applicants.

SECTION 3. The Company shall notify the Union within ten (10) working days of the name, address, and the occupation of new or additional employees hired outside the Union.

SECTION 4. In the event the Company requires the service of a fee-charging employment agency to fill vacancies, the Company agrees to pay such fees of the employee (or employees, as the case may be), charged by the employment agency.

SECTION 5. The Company agrees not to enter into any other agreement or contract with its employees, individually or collectively, which in any way conflicts with the terms and provisions of this Agreement.

ARTICLE 2 – UNION SECURITY AND CHECK OFF

SECTION 1. Employees covered by this Agreement at the time it becomes effective and who are members of the Union at the time, shall be required as a condition of continued employment to continue membership in the Union for the duration of this Agreement. Employees covered by this

Agreement who are not members of the Union at the time this Agreement becomes effective, shall be required, as a condition of continued employment, to become members of the Union on the thirty-first (31st) day following their employment, or the date of execution of the agreement, effective date of agreement or date of employment whichever is later.

SECTION 2. Employees hired, rehired, reinstated, or transferred into the bargaining unit after the effective date of this Agreement and covered by this Agreement shall be required, as a condition of continued employment, to become members of the Union on the thirty-first (31st) day following the beginning of their employment.

SECTION 3. Subject to completion of the 30 days probationary period, the requirement of membership hereunder is satisfied by the payment of the initiation fee (if not already a member), and all periodic dues uniformly required as a condition of acquiring or retaining membership shall be deemed to have met the condition of employment requirement.

SECTION 4. The Company will check off initiation fees, monthly dues and American Dream

Fund (ADF) contributions on the basis of individually signed voluntary check-off authorization cards in a form agreed to by the Company and the Union. The Company shall remit said initiation fees, dues and ADF contributions, monthly, to the Secretary-Treasurer of the Union in the same month in which they were collected. The Union agrees that the authorizations signed by the bargaining unit members shall be irrevocable for the period stated in the Union authorization card.

SECTION 5. Upon receipt by the Employer of a letter from the Union’s Secretary-Treasurer requesting an employee’s discharge because he or she has not met the requirements of Section 1, the employee shall be discharged within thirty (30) days of the letter if prior thereto the employee does not take proper steps to meet the requirements.

SECTION 6. The Union shall indemnify, defend, and save the Company harmless against any and all claims, demands, suits, or other forms of liability that shall arise out of and or by reason of action taken by the Company in the administration of this Article.

SECTION 7. The Employer shall maintain accurate employee information and transmit dues, political contributions, initiation fees and all legal assessments deducted from employees’ paychecks to the Union electronically via ACH utilizing the 32BJ self-service portal, unless the

Union directs in writing that dues be remitted by means other than electronic transmittals. The transmission shall be accompanied with information for whom the dues are transmitted, the amount of dues payment for each employee, the employee’s wage rate, the employee’s date of hire, the employee’s location or location change, whether the employee is part-time or full.-time, the employee’s social security number, the employee’s address and the employee’s classification. The Union shall provide any necessary training opportunity to the employer to facilitate electronic transmissions.

ARTICLE 3 –NON DISCRIMINATION

SECTION 1. The Company and the Union agree that there will be no discrimination either directly or indirectly, against any employee or applicant, for reasons of race, creed, age, color, sex, national origin, sexual orientation, gender identify or expression, veteran’s status, religion, mental or physical disability, or Union membership, Union activity, or any other protected classification, in accordance with all applicable laws, including but not limited to personal appearance based on characteristics protected by law.

ARTICLE 4 – WAGES

SECTION 1. The employer agrees to pay the minimum rates as described below or more:

Classification Prior rate 10/1/24 10/1/25 10/1/26 10/1/27

Housekeeping $21.29 $22.04 $22.70 $23.38 $24.08

Waxer/Buffer $21.84 $22.60 $23.28 $23.98 $24.70

Crew leader $22.75 $23.55 $24.26 $24.99 $25.74

Employees assigned to do Snow Detail (defined as removal of snow from the exterior of the building) will be paid an additional two dollars and fifty cents ($2.50) per hour.

ARTICLE 5 – HOURS OF WORK

SECTION 1. It is understood and agreed that, because of the usual nature of the Company’s business, the operation shall be on a seven (7) day week basis. It is further understood that the

Company shall have the right to establish various shifts, whether it be day or night, Saturday, Sunday or holidays, in order to cover all phases of its business.

SECTION 2. The Company shall allow a ten (10) minute grace period for starting time. This grace period will be allowed only twice per pay period to avoid abuse.

A. The Company will allow one (1) fifteen (15) minute break and a forty-five (45) minute lunch break with each shift as regards fulltime employees only.

B. Weekend Employees will be termed as Occasional Employees even if they work additional hours covering for sick leave, vacation, holidays, personal leave and special events, and Occasional

Employees are not covered by the Collective Bargaining Agreement and they will be paid according to the Service Contract Act.

SECTION 3. Fulltime employees shall normally be scheduled five (5) consecutive days, eight (8) hours per day; provided that where circumstances so require, the Company may temporarily schedule employees otherwise as may be required.

SECTION 4. All work performed in excess of forty (40) working hours in any work week or in excess of eight (8) hours per day shall be compensated at one and one-half (1 ½) times the employees’ regular rate of pay.

SECTION 5. In the event the Company shall elect to establish a workweek of four (4) days of ten

(10) hours each, employees in order of their seniority shall have the option annually of selecting a workweek of five (5) days of either (8) hours each or a workweek of four (4) days of ten (10) hours each. For employees electing a workweek of four (4) days of ten (10) hours each, the following shall apply:

A. Overtime shall be paid for after ten (10) hours have been worked during each regular workday.

Employees shall be paid at the rate of one and one-half (1 ½) times the normal straight time rate of pay for all work performed on the fifth (5th) and sixth (6th) days.

B. Holiday pay shall be ten (10) hours at the prevailing straight time hourly rate.

C. Whenever a holiday occurs during any workweek, overtime shall be paid after thirty (30) hour of straight time have been worked.

SECTION 6. There shall be no pyramiding of overtime premium payments. Overtime premium pay shall not be paid more than once for the same hour or hours worked.

SECTION 7. The Company agrees that when a vacancy occurs the Company agrees to schedule their new employees with the same number of hours as the person he/she is replacing.

SECTION 8. If the Federal Government is closed for any reason (such as inclement weather, power outage, etc…), and if the government reimburses the contractor for the labor hours that would have been worked during the period of closure, employees who would have been scheduled to work during the period of closure will be paid their regular scheduled hours. Such hours will not be counted as hours worked for the purposes of determining overtime.

ARTICLE 6 – UNIFORMS

SECTION 1. If the Company requires uniforms, such uniforms will be furnished and kept in good condition without cost to the employee. The Company will provide uniforms as needed. The

Employer identifies the uniforms as a white shirt provided by the Company and a dark pants. In the event that an employee should lose their identification badge issued by the Kennedy Center, the Company shall be entitled to reimbursement by the employee for any charge imposed by the

Kennedy Center to replace the badge.

ARTICLE 7 - HOLIDAYS

SECTION 1. The following days shall be considered holidays under this agreement and will be granted as off days with pay:

New Year’s Day Juneteenth Day Veteran’s Day

Martin L. King’s Birthday Independence Day Thanksgiving Day

George Washington’s Birthday Labor Day Christmas Day

Memorial Day Columbus Day Inauguration Day

SECTION 2. Employees are entitled to take one day off with pay on their birthday under this

Agreement. It is also agreed that all employees covered by this agreement will be entitled to all future holidays declared as legal by the United States Congress or by Executive Order or

Proclamation. An employee required to work on such a holiday shall be entitled to take a day off with pay within a period of two weeks following such a holiday.

SECTION 3. Fulltime employees not assigned to work on a designated paid holiday shall receive eight (8) hours pay at the regular straight time rate, subject to the following requirements:

A. The employee shall have at least thirty (30) days seniority.

B. The employee must have worked all scheduled hours on the last scheduled shift before and the first scheduled shift after the holiday, unless excused by the Company.

C. Part-time employees not assigned to work on a designated paid holiday shall be paid at the regular straight time rate for the number of hours said employee normally works each day, assuming the requirements set forth in (A) and (B) next above are met.

SECTION 4. All work performed on a holiday shall be compensated at one and one-half (1 ½) times the straight time hourly rate in addition to holiday pay.

SECTION 5. “Holiday”, as used in this Agreement, means the day on which the holiday is observed, whether it is the day on which the holiday falls or another day officially designated for its observance.

SECTION 6. Employees will not receive holiday pay if they agree to work on the holiday and fail to report. An employee may decline to work on a holiday only when a substitute employee of equal skill and ability is available and agrees to work the holiday.

SECTION 7. There shall be no pyramiding or duplicating of holiday or overtime pay.

ARTICLE 8 – VACATIONS

SECTION 1. All employees with one (1) year or more of uninterrupted service shall receive two

(2) weeks of vacation with full pay. All employees with five (5) years or more of service shall receive three (3) weeks of vacation with full pay. All employees with ten (10) years or more of service shall receive four (4) weeks of vacation with full pay. All employees with fifteen (15) years or more of service shall receive five (5) weeks of vacation with full pay. All employees with twenty

(20) years or more of service shall receive six (6) weeks of vacation with full pay.

SECTION 2. Leave of absence for occupational disability from on the job injury compensable under Workmen’s Compensation Laws shall be considered as time worked, and, if the leave exceeds eleven (11) weeks within the vacation year, the vacation anniversary date shall be adjusted by the length of the period of absence. The adjustment date shall be used for future vacations unless further changed by other leave of absence.

SECTION 3. It is agreed that the employee’s vacation shall be paid at the current rate of pay, notwithstanding the current rate is more or less than the rate in effect at the time the vacation was earned. Vacation pay is to be given to the employee on the payday preceding the week that the vacation begins.

SECTION 4. When a holiday occurs during the employee’s vacation, the employee shall be entitled to an extra day’s vacation, or cash in lieu thereof, provided the holiday is one that would have been received had the employee been working.

SECTION 5. Vacation payout: Any vested and unused vacation must be given or payment made in lieu thereof before the employee’s next anniversary date, before completion of the current contract, or before the employee terminates employment, whichever occurs first.

ARTICLE 9 – SICK LEAVE

SECTION 1. All employees covered by this Agreement shall be granted twelve (12) days of sick leave with pay per year. Sick leave shall be available as earned, after a period of sixty (60) days, and shall be earned at the rate of one day per month, beginning with the first day of employment.

Sick leave may also be advanced, at the discretion of the Company, in meritorious cases where longer period of illness occur. In all cases of illness of three (3) days duration or longer, a physician’s certification or other acceptable evidence of disability shall be submitted by an employee as a claim for sick leave benefits, if requested by the Company. Unused sick leave is not compensable. Twenty-four (24) days shall be the maximum benefit which may be accumulated.

SECTION 2. For the purposes of this Article, a “sick day” shall be construed to mean the average number of hours in the employee’s regularly scheduled work day.

ARTICLE 10 – BEREAVEMENT LEAVE

SECTION 1. In the event of a death in the immediate family, including spouse, parent, child, brother, sister, legal guardian, mother or father-in-law, sister or brother-in-law, aunt, uncle, nephew, niece, step children grandfather, grandmother or grandchild of an employee, the employee shall be entitled to a leave of absence with pay of three (3) consecutive days, within two (2) weeks of the date of death. If the funeral is outside the DC metropolitan area five (5) days will be allowed without pay. All employees in the bargaining unit will be illegible. The Company may require proof of death/funeral service or relationship upon return to work.

SECTION 2. In addition to the bereavement leave days specified in Article 10, Section 1, if an employee travels outside the continental United States for bereavement purposes, the employee will be entitled to an additional two (2) unpaid bereavement leave days, consecutive with the bereavement leave days utilized under Article 10, Section 1.

ARTICLE 11 – HEALTH AND WELFARE

SECTION 11.1 The employer agrees to make payments into a health trust fund; known has the

“Building Service 32BJ Health Fund”, to cover employees covered by this agreement according to the following eligibility requirements:

a) All employees regularly scheduled 20 hours or more per week. Such contributions shall be payable on the 15th day of the following month.

SECTION 11.2: The employer shall contribute for each paid hour per employee, payable when and how the Trustees of the Building Service 32BJ Health Fund determine, the following contributions:

10/1/24 -

9/30/25

10/1/25 -

9/30/26

10/1/26 -

9/30/27

10/1/27 –

9/30/28

Kaiser Suburban

Single $6.70 $6.77 $6.87

Not to exceed

6%

ARTICLE 12– PENSION

The Company agrees to contribute to the Service Employees International Union-National

Industry Pension Fund, located at 11 Dupont Circle, N.W., Suite 900 Washington, DC 20036, the rate specified below for each and every paid hour of each employee member at the Kennedy Center for pension contributions.

SECTION 1: Coverage. The Employer agrees to make periodic contributions on behalf of all employees covered by the Collective Bargaining Agreement to the Service Employees

International Union National Industry Pension Fund (Pension Fund) in the amounts specified in section 3 below. The contributions follow the “Preferred Schedule.”

SECTION 2. Term. The Employer agrees to remain a participating employer in the Pension Fund throughout the term of the Collective Bargaining Agreement, including any extensions thereof.

SECTION 3. Contributions.

Commencing on October 1, 2024, the Employer agrees pay twenty cents ($0.20) per hour paid and an additional one hundred sixty nine and four tenths (169.4) percent in supplemental contributions for a total of fifty-four cents ($0.54) per hour.

If at any time during this Agreement, the Trustees determine that the supplemental contributions may be reduced or eliminated, the base contribution shall be increased by the same amount of any such reduction or elimination, maintaining the same total contribution rate of $0.54 per hour.

Effective thirty-three (33) months from the beginning of this Agreement, if the negotiated rates are higher or lower than required by the SEIU National Industry Pension Fund, either party shall have the right to reopen the economic portions of this Agreement upon thirty (30) days’ notice to the other party. This reopener option shall expire thirty-six (36) months from the beginning of this

Agreement. Thirty days (30) after notice, the No Strike Provisions of this Agreement shall no longer apply.

Employees hired after the effective date of this Agreement shall be covered from their date of hire. Contributions required by this provision shall be paid to the Fund on or before the fifteenth

(15th) day of the month following the period for which contributions are due or on or before such other date as the Trustees may hereafter determine. Contributions shall be transmitted together with a remittance report containing such information, in such manner, and on such form as may be required by the Fund or their designee.

SECTION 4. TRUST AGREEMENT: The Employer hereby agrees to be bound by the provision of the Agreement and Declaration of Trust establishing the Fund, as it may from time to time be amended, and all resolution and rules adopted by the Trustees pursuant to the powers delegated to them by that agreement, including collective policies, receipt of which is hereby acknowledged. The Employer hereby designates the Employer members of the Fund’s Board of

Trustees, or their duly selected successor(s), as its representative on the Board.

SECTION 5. AUDITS. The Employer agrees to permit auditors authorized by the Fund to inspect and review any of its records necessary to ensure compliance with this Agreement and to forward such records or true copies thereof to the Fund’s auditors upon request.

SECTION 6. DELINQUENCIES. The Employer agrees and affirms that, should it default or become delinquent in any of its obligations to the Fund set forth in this Article, it shall be liable for such damages, penalties and costs as may be provided by the Fund’s Trust Agreement, resolution(s) and collection policy(ies) of the Fund’s Trustees including, but not limited to, a late payment penalty, interest, liquidated damages, and all costs of collection including reasonable attorney’s fees and accounting fees.

SECTION 7. COOPERATION: The Employer and the Union agree to cooperate with the

Trustees of the Fund in distributing Plan booklets, literature, and other documents supplied by the

Fund Administrator and providing such census and other data as may be required by the Fund’s

Administrator or Trustees to enable them to comply with the applicable provisions of the

Employee Retirement Income Security Act.

SECTION 8. APPROVAL BY TRUSTEES: The undersigned parties acknowledge that the provisions of this Article and the participation of the employees covered by it are subject to approval by the Trustees of the Fund and that the Trustees reserve the right to terminate at their sole and unreviewable discretion, the participation of the employees covered by this Agreement and to establish the level(s) of benefits to be provided. Termination may be directed by the

Trustees for reasons including, but not limited to, failure of the Employer to timely pay contributions and expiration of a Collective Bargaining Agreement. The parties further acknowledge that the Trustees acceptance for participation in the Fund of the eligible employees covered by the Collective Bargaining Agreement is limited only to the categories of employment covered by the Collective Bargaining Agreement at the time application for acceptance occurs and the admission of other categories of employment to participate in the Fund will require specific acceptance by the Trustees.

SECTION 9. MISCELLANEOUS: In the event of any inconsistency between this Article and the remainder of this Collective Bargaining Agreement the terms of this Article shall prevail.

ARTICLE 13 – SENIORITY

SECTION 1. All employees shall serve a thirty day (30) probationary period to attain seniority status. The employee’s length of services shall be computed from the date on which he/she is hired by the Employer, successor or date in the building, whichever is longer.

If two or more employees are hired on the same date, they will be placed on the seniority list alphabetically by last name.

SECTION 2. Seniority shall operate on a classification basis. Employees transferred from one classification to another shall carry their seniority status with them.

SECTION 3. It is understood and agreed that in all cases of promotion or demotion, the following factors shall be considered:

1. Seniority

2. Ability to perform the work

3. Physical fitness

4. Attendance

It is further understood and agreed that where factors (2), (3) and (4) are relatively equal, seniority shall govern. In evaluation of (2), (3) and (4), the Company shall be the judge, provided that this will not be used for the purpose of discrimination against any member of the Union. If objection is raised to the Company’s evaluation, and where personnel records do not establish a differential in relative abilities or attendance of two (2) employees, a reasonable trial period of not less than thirty (30) days shall be allowed the employee with the longest continuous service record. This section shall not apply to the selection of Crew Leaders.

SECTION 4. The Company will notify the Union of any reduction in force as soon as practicable following GOV’s acquisition of knowledge of a confirmed request for the reduction. The

Company will also provide the Union with a point of contact for the Kennedy Center with whom the reduction request can be confirmed by the Union. The Employer further agrees that all reductions in force (lay-offs) will be in reverse order of seniority and all recalls shall be in order of seniority, provided the employee is available and suitable to perform the work. Seniority shall not be broken if the employee is rehired by the Company within one (1) year of the reduction in force.

SECTION 5. An employee’s continuous length of service shall be broken, and the employment relationship terminated, by resignation, discharge for cause, failure to return to work after five (5) working days from receipt of a certified letter notifying recall, furnishing misleading or untrue information regarding a leave of absence request or failing to abide by the terms of an authorized leave of absence, exceeding six (6) months after a layoff.

SECTION 6. If employees are promoted from any position or classification covered in the bargaining unit or transferred to another Company site, thereby excluding them from coverage of this Agreement, such employees shall retain seniority for a period of one (1) year in the position from which transferred. An employee may, however, within the one (1) year period, voluntarily elect to transfer back to the bargaining unit position. During the time the employee is out of the bargaining unit, he/she shall not continue to accrue seniority.

SECTION 7. NEW-JOB POSTING. In the event of new positions are created or vacancies occur in the bargaining unit, the Employer shall post such vacancies giving basic qualifications for five (5) consecutive working days before filling such job. Bargaining unit employees shall have the first opportunity to apply for such positions during this period, if bargaining unit employees do not apply for such positions, Weekend Employees may then apply.

SECTION 8. WEEKEND EMPLOYEES. In the event that Company needs to temporarily fill positions to cover for employees on vacations or other leave and special events, the

Company will provide Weekend Employees the opportunity to fill such positions before looking to others outside the Kennedy Center.

ARTICLE 14 – LEAVE OF ABSENCE/JURY DUTY

SECTION 1. The granting of leaves of absence shall be left at the sole discretion of the Company.

Temporary disability leave of up to six (6) months may be granted to employees with six (6) months or more of continuous service. For a leave of absence of longer than one month the employee shall not continue to accrue seniority during said leave. Such leave shall not result in forfeiture of seniority rights.

SECTION 2. An eligible employee covered this Agreement required to be absent from scheduled work of the Company while attending jury duty shall be excused from work by the Company for the time attending jury duty service. Employees shall be paid the difference between the payment received for jury service and regular wages for the time absent because of jury service. Such absences must be supported by a statement signed by the Clerk of Court certifying as to each day of jury service.

ARTICLE 15 – SHOP STEWARDS, UNION VISITATION AND RIGHTS

SECTION 1. The Union shall designate one (1) employee, for each shift of the Company to perform the duties of Shop Steward. The Shop Steward shall be recognized by the Company, and shall be granted reasonable time to investigate and process grievances and matters of concern of employees covered by this Agreement. Such time will not be deducted from wages. The Shop

Steward shall obtain permission prior to leaving work and shall not interfere with the work of other employees or with the Employer’s operations.

SECTION 2. Union representatives shall be permitted access to work areas provided they do not interfere with the work of employees or the Employer’s operations and provided permission is obtained, in advance, from the Company.

SECTION 3. The employer shall provide space in a bulletin board for Union literature no greater than 11” x 14”.

ARTICLE 16 – MANAGEMENT RIGHTS

SECTION 1. The management of the Company’s affairs and the direction of its working forces, including but not limited to the right to establish new jobs, abolish or change existing jobs, change materials, processes, products, equipment, and operations, shall be vested exclusively in the

Company. Subject to the provisions of this Agreement, the Company shall have the exclusive right to schedule and assign work to be performed and to hire or rehire employees who are laid off, demoted, suspended, disciplined, or discharged for cause, transferred, or laid-off employees because of lack of work or other legitimate reasons. The Company has the right to establish and enforce work and safety rules. If an employee is refused admission to any work area by the governmental authorities in charge thereof, the employee will be discharged from the Company without recourse to the Grievance and Arbitration procedure of this Agreement.

SECTION 2. The Union recognizes that in consideration of the commitments assumed by the

Company in this Agreement, the management has, among others, the right to require from all employees efficient service in the performance of their duties.

SECTION 3. The foregoing enumeration of management rights shall not be deemed to exclude other rights of management not specifically set forth, the Company therefore retaining all rights not otherwise specifically covered by this agreement, irrespective of whether or not the same have been heretofore exercised. Furthermore, management rights shall not be arbitrable except to the extent that they are expressly abrogated, abridged or waived by a provision of this Agreement.

SECTION 4. The Union agrees that its officers, its agents and members shall not oppose or interfere, directly or indirectly with the legitimate or reasonable effort of the Company to train employees, and to make operational improvements.

ARTICLE 17 – SUSPENSION OR DISCHARGE

SECTION 1. There shall be a trial period of thirty (30) days for each new employee, during which time the Company shall have the right to discharge any such employee. Any discharge within the aforementioned 30-day trial period shall not be subject to the grievance procedure. The Company may suspend or discharge any other employee for just cause. In the event that an employee of the

Company who has been in its employ for more than 30 days, as above set forth, shall be suspended or discharged from employment and such employee believes they have been unjustly dealt with, such suspension or discharge shall constitute a case arising under the method of adjusting grievances herein provided. Discipline must be giving in writing with three (3) working days from the Employer’s knowledge of the offense. All disciplinary action will be removed from the employee file after twelve (12) months of issuance.

ARTICLE 18 – GRIEVANCE PROCEDURE

SECTION 1. Where any grievances or disputes shall arise between the Company and its employees, there shall be no slowdown or suspension of work on account of such grievance or dispute, but an earnest effort shall be made to settle such grievance or dispute immediately and in the following manner.

STEP 1. Within five (5) working days from the day the grievance arose, the employee and Shop

Steward may inform the employee’s immediate supervisor of said grievance and meet with said supervisor to attempt to adjust the grievance. The immediate supervisor shall, within five (5) working days, notify the employee of the Company’s position with respect to said grievance. If

Step 1 proves unsuccessful, the grievance shall, within five (5) working days be referred to Step

2.

Step 2. The Union shall present the grievance in writing to the Project Manager and shall attempt to adjust the grievance with the Project Manager. The Project manager shall, within five (5) working days, notify the employee, in writing, of the Company’s position as to the grievance. If

Step 2, proves unsuccessful the grievance shall within five (5) working days, be referred to Step

3.

Step 3. The Union shall attempt to adjust the grievance with the Company’s Labor Representative.

Step 4. In the event that the grievance or dispute shall not have been satisfactorily adjusted within five (5) working days following the date of the meeting under Step 3, then the Union shall have the right to submit the same for arbitration selected from a panel submitted by the Federal

Mediation and Conciliation Service, FMCS. The FMCS request must be done within 15 working days of the conclusion of Step 3. Both parties agree to strike names from a list provided by the

FMCS to determine the choice of an arbitrator. The decision of such arbitration shall be final and binding upon the parties hereto. The fees of the arbitration shall be borne equally by the Company and the Union. Either party shall have the right to have the arbitration proceeding steno graphically recorded; however, the cost of said record shall be divided only if both parties request that such a record be kept.

SECTION 2. The arbitrator shall not have the authority to amend or modify this Agreement or establish new terms or conditions under this agreement. The arbitrator shall consider only the matter before him.

SECTION 3. Any grievance, controversy, dispute, or claim not submitted according to the foregoing procedure shall be foreclosed for all contractual and legal purposes. No employee shall be entitled to grieve a disciplinary action until he/she has completed the required thirty (30) work day probationary period and has become a permanent employee.

SECTION 4. Time limits set in this article shall not include Saturday, Sundays or paid holidays.

Nothing herein shall preclude the earlier settlement of any grievance directly by agreement between representatives of the Company and the Union.

ARTICLE 19 - PROVISIONS APPLICABLE TO ALL FUNDS (except Article 12: SEIU

Pension Fund)

SECTION 1. By agreeing to make the required payments into the Funds, the Employer hereby adopts and shall be bound by the Agreement and Declaration of Trust as it may be amended and the rules and regulations adopted or hereafter adopted by the Trustees of each Fund in connection with the provision and administration of benefits and the collection of contributions.

SECTION 2: If the Employer fails to make required reports or payments to the Fund, the Trustees may in their sole and absolute discretion take any action necessary, including but not limited to immediate arbitration and suits at law, to enforce such reports and payments, together with interest and liquidated damages as provided in the Funds’ Trust Agreements, and any and all expenses of collection, including but not limited to counsel fees, arbitration costs and fees and court costs.

SECTION 3. Any Employer regularly or consistently delinquent in benefit payments may be required, at the option of the Trustees of the Funds, to provide the appropriate Trust Fund with security guaranteeing prompt payment of such payments.

SECTION 4. Newly hired employees shall have a sixty (60) day waiting period before becoming eligible to be participants in the Funds, and no Employer contributions shall be made on behalf of newly hired employees over the sixty (60) day period.

ARTICLE 20 – SAVING CLAUSE

SECTION 1. Should any Court of proper jurisdiction decide any clause, section, or phrase of this agreement to be illegal or contrary to any law now in effect or affecting the District of Columbia now or in the future, such decision shall not invalidate any remaining provisions of this Agreement.

ARTICLE 21– NO STRIKE AND NO LOCKOUT

SECTION 1. The Union hereby agrees that neither the Union nor any of the employees forming part of the bargaining unit covered by this agreement shall, directly or indirectly, authorize, assist, encourage, o in any way, engage and/or participate in strikes of any kind. For the purpose of this

Agreement the term “strike” shall include a slow-down, sit-down, walk-out, curtailment of work, interruption or stoppage of work, interference with work or receipt of shipment of goods or materials, picketing of any of the Company’s operations, customers or sources of supply, boycott, or any other kind of activity which interferes with and/or interrupts the Company’s operations and activities.

SECTION 2. If any strike occurs, or if any employee or employees violate the provisions of this article, the Union agrees to immediately and publicly disavow, through its officers or representatives, any sponsorship and /or authorization of such strike; to use all means to prevent and/or terminate the conduct or continuation of such strike; and to instruct its members to return to work immediately.

SECTION 3. It is further agreed that the Company may take disciplinary action, including discharge, against those employees who take part in any of the conducts prohibited in the above paragraph and that “cause” for such discharge will be established by the fact of such participation.

SECTION 4. The Company agrees that there will be no lockout during the term of this agreement.

ARTICLE 22 – EQUIPMENT AND SUPPLIES

SECTION 1. The Employer agrees to provide, repair and maintain all equipment and supplies needed to perform the tasks of the job in a safe and efficient manner. However, employees are responsible for the daily cleaning of the equipment.

ARTICLE 23 - IMMIGRATION

SECTION 1. The employer agrees to work with all legal immigrants to provide the opportunity to gain either extensions, continuations or other status required by the Immigration and Naturalization

Service without having to take a leave of absence. If a leave of absence is necessary, the employer agrees to give permission for the employee to leave for a period of up to ninety (90) days and return the employee to work with no loss of seniority provided the employer is still in the building.

All of the above shall be in compliance with the existing laws.

SECTION 2. A “no match” letter from the Social Security Administration (SSA) shall not itself constitute a basis for taking any adverse employment action against the employee o for requiring an employee to re-verify work authorization. Upon receipt of such a letter, the employer shall notify the employee and provide the employee with a copy of the letter and inform the employee that he or she should contact SSA.

ARTICLE 24 – SUCCESSORSHIP

SECTION 1. This Agreement shall be binding upon the parties hereto, their successors, administrators, executors, and assigns. In the event the entire operation is sold, leased, transferred, or taken over by sale, transfer, lease assignment, receivership, or bankruptcy proceedings, such operation shall continue to be subject to the terms and conditions of this Agreement.

SECTION 2. On the sale, transfer, or lease of any work performed under this Agreement, the specific provisions of this Agreement, including riders or other conditions, shall prevail. It is understood by this article that the parties hereto shall not use any leasing device to a third party to evade this Agreement.

SECTION 3. The Company shall give notice of the existence of this Agreement to any purchaser, transferee, leasee, assignee, etc., of the operation covered by this Agreement or any part thereof.

Such notice shall be in writing with a copy to the Union at the same time the seller, transferee, or lessee executes a contract or transaction as herein described. The Union shall also be advised of the basic nature of the transaction, not including financial details.

ARTICLE 25– COMPLETE AGREEMENT

SECTION 1. The parties hereby acknowledge and affirm that during the negotiations which led to this agreement, each of them had the unlimited right and opportunity to formulate demands and proposals with respect to all subjects or matters not excluded by law from the collective bargaining area and that all decisions and covenants reached by them through the use of such rights and opportunities appear in this Agreement. Therefore, it is agreed that the items herein set forth contain the complete agreement between the parties for the term of this agreement. The right to present any demands or proposals for any matter, whether or not discussed during negotiations that led to this Agreement, are hereby waived by the Company and the Union for the term of this

Agreement. However, nothing in this clause precludes the parties from making changes in this

Agreement by mutual consent upon written request by the party and written acceptance by the other party.

SECTION 2. The waiver of either party of any provision or requirement of this agreement shall not be deemed a waiver of such provision or requirement for the future or in the past, and such shall not constitute a modification of this agreement unless such provision or requirement is reduced to writing and signed by the parties to this agreement. An arbitrator shall have no authority to determine or consider that the provision has been waived.

ARTICLE 26 – LEGAL FUND

The Employer shall make contributions to the Building Service 32BJ Legal Services Fund to cover employees covered by this Agreement with such benefits as may be determined by the Trustees of the Fund. Contributions to the Legal Fund shall be on a per hour paid basis for each hour paid for covered employee, payable when and how the Trustees determine, at the following hourly rates:

Contract Schedule

10/1/24 -

9/30/25

10/1/25 -

9/30/26

10/1/26 -

9/30/27

10/1/27 –

9/30/28

Legal Hourly Rate $0.02 $0.11 $0.10 $0.10

ARTICLE 27 – TRAINING FUND

SECTION 1. The Employer shall make contributions to the Building Service 32BJ Thomas

Shortman Training, Scholarship and Safety Fund to cover employees covered by this Agreement who regularly work more than two (2) days weekly with such benefits as may be determined by the Trustees of the Fund. Contributions to the Training Fund shall be on a per hour basis for each hour paid for covered employees, payable when and how the Trustees determine, at the following hourly rates:

Contract Schedule

10/1/24 - 9/30/25 10/1/25 - 9/30/26 10/1/26 - 9/30/27 10/1/27 –

9/30/28

Training $0.09 $0.11 $0.11 $0.11

ARTICLE 28 SUPPLEMENTAL RETIREMENTAND SAVINGS FUND

The Employer shall make contributions to a trust fund known as the “Building Service 32BJ

Supplemental Retirement and Savings Fund” (“SRSF”) to cover all bargaining unit employees, with employer contributions as hereafter provided and tax exempt employee wage deferrals as provided by the Plan and/or Plan rules. The Employer contribution to the SRSF will be on a per hour paid basis at the following hourly rates::

Effective October 1, 2024 $2.05 per paid hour

Effective October 1, 2025 $2.10 per paid hour

Effective October 1, 2026 $2.15 per paid hour

Effective October 1, 2027 $2.20 per paid hour

ARTICLE 29– DURATION OF AGREEMENT

This Agreement shall be in full force and effect from October 1, 2024 and remain in effect until

September 30, 2028.

In the event that the applicable Government entity does not approve any economic term in this collective bargaining agreement, including, but not limited to, wage rates, benefit fund contributions, and/or other fringe benefits, the Employer and the Union agree to meet immediately to resume contract negotiations with respect to these issues

In witness whereof, the parties hereto have caused these presents to be executed by duly authorized officers by their signatures affixed and attested to on the dates indicates below:

SEIU, LOCAL 32 BJ

By _______________________

Gabriel Calderon

Title: Grievance Coordinator

Date: 7/26/24

GOV SERVICES INC.

By: ___________________________

Thuy Tran

Title: __President_______________

Date: __7/29/2024______________