CBA Anchorage Areas with Supplemental.pdf

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Solicitation–Hospital Housekeeping Services – Alaska Healthcare System- Department of Veterans Affairs
Solicitation number
36C26024R0015
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This document is a collective bargaining agreement (CBA) between PHI Group, LLC and the Industrial, Technical, and Professional Employees Union, OPEIU Local 4873, AFL-CIO. The CBA covers non-supervisory housekeeping employees for PHI Group's housekeeping services contract at the Alaska Veterans Administration Healthcare System (AVAHS) and Alaska Veterans Administration Domiciliary Facility in Anchorage, Alaska.

The CBA establishes the terms and conditions of employment, including wages, hours, benefits, leave policies, grievance procedures, and other working conditions for the covered employees. Key details include a $20.00/hour base wage rate for Housekeepers and $21.36/hour for Day Shift Group Leaders and $21.91/hour for Second Shift Group Leaders. The employer contributes $5.50/hour to the union's health and welfare fund, $1.10/hour to the pension fund, and $4.64/hour to the annual benefits fund which provides vacation, holiday, sick leave, and other benefits. The CBA has an effective period of March 17, 2022 through March 16, 2025.

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REGISTER OF WAGE DETERMINATION UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT |EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary | WAGE AND HOUR DIVISION of Labor | WASHINGTON D.C. 20210 | Wage Determination No.: CBA-2017-9858 Diane Koplewski Division of | Revision No.: 2 Director Wage Determinations| Date Of Last Revision: 04/12/2024 State: Alaska

Area: Anchorage

Employed on VETERANS AFFAIRS, DEPARTMENT OF contract for Housekeeping Services.

Collective Bargaining Agreement between contractor: PHI Group, LLC, and union: Industrial, Technical, and Professional Employees Union, OPEIU Local 4873, AFL-CIO Local 4873, effective 03/17/2022 through 03/16/2025.

In accordance with Section 2(a) and 4(c) of the Service Contract Act, as amended, employees employed by the contractor(s) in performing services covered by the Collective Bargaining Agreement(s) are to be paid wage rates and fringe benefits set forth in the current collective bargaining agreement and modified extension agreement(s).

PHI CBA VA Hospital AK Union Rep Trina Williams 253-857-8236 Email tmcitpeu@gmail.com

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

PHI GROUP LLC.

And

Industrial, Technical, and Professional Employees Union, OPEIU Local 4873, AFL-CIO

Government Contract Number ± 36C260-19-P-0640 (and any successor government contract numbers)

Effective Dates: March 17, 2022, through March 16, 2025

PHI Group LLC VA Hospital AK ITPEU Union Rep Trina Williams PH. 253-857-8236 Email Tmcitpeu@gmail.com

TABLE OF CONTENTS

PREAMBLE

ARTICLE I: UNION RECOGNITION

ARTICLE II: UNION SECURITY

ARTICLE III: DUES CHECKOFF

ARTICLE IV: NO DISCRIMINATION / ZERO TOLERANCE

ARTICLE V: UNION REPRESENTATION

ARTICLE VI: IMMEDIATE DISCHARGE

ARTICLE VII: WRITTEN WARNINGS/PROGRESSIVE DISCIPLINE

ARTICLE VIII GRIEVANCE PROCEDURE & ARBITRATION

ARTICLE IX: SENIORITY

ARTICLE X: PROMOTIONS

ARTICLE XI: LEAVE OF ABSENCE

ARTICLE XII: WAGES

ARTICLE XIII: SHIFT SCHEDULING, BASIC WORK WEEK & HOURS OF WORK 12

ARTICLE XIV: SHOW UP & REPORTING TIME

ARTICLE XV: EMERGENCY RESPONSE ROSTER

ARTICLE XVI: OVERTIME

ARTICLE XVII: HOLIDAYS

ARTICLE XVIII: VACATIONS

ARTICLE XIX: SICK LEAVE

ARTICLE XX: BEREAVEMENT LEAVE

ARTICLE XXI: HEALTH & WELFARE

ARTICLE XXII: PENSION

ARTICLE XXIII: HIRING OF EMPLOYEES

ARTICLE XXIV: WASH & WEAR UNIFORMS

ARTICLE XXV: MISCELLANEOUS

ARTICLE XXVI: NO STRIKES - NO LOCKOUTS

ARTICLE XXVII: INVALIDITY

ARTICLE XXVIII: HEALTH & SAFETY

ARTICLE XXIX: PHYSICAL EXAMINATION

ARTICLE XXX: MANAGEMENT CLAUSE

ARTICLE XXXI: SUCCESSORS & ASSIGNEES

ARTICLE XXXII: SAVINGS CLAUSE

ARTICLE XXXIII: EFFECTIVE DATE & DURATION

ARTICLE XXXIV: DRUG ABUSE PREVENTION & DETECTION

ARTICLE XXXV: DRUG FREE WORKPLACE POLICY

APPENDIX A ± WAGES

APPENDIX B ± HEALTH AND WELFARE

APPENDIX C ± PENSION

APPENDIX D ± ANNUAL BENEFIT FUND

ITPEU Union Rep Trina Williams

PREAMBLE

THIS AGREEMENT made and entered into this 11th day of February 2022 by and between PHI Group, LLC. (hereinafter collectively referred to as the Employer or Company), and Industrial, Technical, and Professional Employees Union, OPEIU Local 4873, AFL-CIO (hereinafter referred to as the union) covers the non-supervisory housekeeping employees for the Employer's Housekeeping Services Contract at the Alaska Veterans Administration Healthcare System (AVAHS) and Alaska Veterans Administration Domiciliary Facility in Anchorage, Alaska. In the mutual interest of the employees and the company to promote and further the efficiency and economy of operations, to provide orderly collective bargaining relations, a method for the prompt and equitable disposition of grievances, and a method for the establishment of fair wages, hours and working conditions for the employees covered hereunder. In making this agreement, it is recognized to be the duty of the parties to cooperate fully with each other, both individually and collectively, for the advancement of the purposes of this agreement.

THIS AGREEMENT supersedes all prior agreements between the company and the union.

ITPEU Union Rep Trina Williams

ARTICLE I: UNION RECOGNITION

Section 1. The employer recognizes the union as the sole exclusive collective bargaining representative of all its non-supervisory housekeeping employees of the employer at the Alaska Veterans Administration Healthcare System (AVAHS) and Alaska Veterans Administration Domiciliary Facility in Anchorage, Alaska with respect to wages, hours, and all other terms and conditions of employment.

Section 2. Whenever the words "employee" or "employees" are used in this agreement, they designate only such employees as are covered by this agreement. Whenever in this Agreement employees or jobs are referred to in the male gender, it will be recognized as referring to both male and female employees.

Section 3. It is understood by this section that the parties hereto shall not use any leasing or subcontracting device to evade the terms of this agreement. This agreement will be binding on any subcontractors. The company shall give a copy of this agreement to the Contracting Officer at the Base.

Section 4. Should a dispute arise between the parties with reference to the card check, either party may refer such dispute to the arbitration procedure contained in this agreement.

ARTICLE II: UNION SECURITY

Section 1. All present employees, who are members of the union, on the effective date of this agreement, shall remain members as a condition of employment. All present employees, who are not members of the union, and all new employees hired hereafter shall, as a condition of employment, become members of the union as of the effective date of this agreement or not later than the thirty-first (31st) day of their employment, whichever occurs later. All employees shall remain members in good standing for the full term of this agreement. Failure to comply with this requirement shall be a cause for discharge of the employee, upon written notification to the employer, by the union that an employee has failed to tender the appropriate dues and fees uniformly imposed upon all employees in the bargaining unit.

Section 2. The foregoing provision shall not apply in any state to the extent that it may be prohibited by state law. When work covered by this agreement is to be performed upon the property of the United States Government (as to which the provisions of any state's "right to work" laws are inapplicable), all employees covered by this agreement who are performing such work shall be required, as a condition of continued employment on such property, to obtain membership in the union no later than the thirty-first (31st) day of such employment or the effective date of this agreement, whichever is later, and maintain such membership in the union while so employed.

ITPEU Union Rep Trina Williams

Section 3. Membership in the Union is separate, apart, and distinct from the assumption by an employee of his equal obligation to the union, insofar as he receives benefits equal to those received by other employees. The union is required, under this agreement, to represent all of the employees in the bargaining unit, fairly and equally, without regard to whether or not an employee is a member of the union. The terms of this agreement have been made for all employees in the bargaining unit and not for members of the union only. Accordingly, it is fair and equitable that each employee in the bargaining unit assumes his/her fair share of meeting the union's cost and expenses in performing its duties as the exclusive bargaining representative.

Section 4. In accordance with the policy set forth, under Section 3 of this Article, all employees who are not members of the union shall, as a condition of employment, pay to the union, as the employees' exclusive bargaining representative, an amount of money equal to the union's regular and uniformly imposed initiation fees and dues. For present employees, such payments shall commence no later than the thirty-first (31st) day of their employment.

Section 5. In the event that, in any or all of the states described in Section 2 of this Article, a decision or action of the United States Congress, state legislature, or a court or administrative board of competent jurisdiction shall make the "Union Shop" or "Agency Shop" a lawful practice, the same shall become operable immediately and shall apply to all present and future employees.

ARTICLE III: DUES CHECKOFF

The employer agrees to honor check off cards, signed by individual employees, which authorize the employer to deduct from the employee's paycheck each month the Union dues and initiation fees, as certified by the union, and remit same within fifteen (15) days, to the Secretary- Treasurer of the Union. The remittance shall be accompanied by a list showing individual names, social security numbers, current addresses, dates hired and amounts deducted. The union agrees that in the event of any change in the union's dues structure, it will notify the Employer twenty (20) days prior to the first pay period of the following month. The employer will furnish the union with the names and addresses of all newly hired employees.

ARTICLE IV: NO DISCRIMINATION / ZERO TOLERANCE

Neither the Employer nor the Union shall discriminate against any applicant or employee. The Employer and the Union agree that all applicants, employees, and members covered by this agreement shall be afforded all rights and protections as mandated by Title VII of the Civil Rights Act of 1964, as amended; The Age Discrimination in Employment Act of 1967, as amended; The Equal Pay Act of 1963; and The Americans with Disabilities Act.

The Employer and the Union further recognize that it is an unlawful employment practice for an employer to discriminate against any of its employees or applicants for employment, or for a labor organization to discriminate against any member thereof or applicant for membership because employees, applicants, or members may have opposed any practice made an unlawful employment practice under the above titles and acts or because employees, applicants or

ITPEU Union Rep Trina Williams members have made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing conducted under the above titles or acts.

The Employer and Employees agree to create and promote an environment in which all people can work free of discrimination, harassment, assault and/or violence in the workplace. This is an issue of basic human decency for which everyone shall be held accountable. Discrimination, harassment, assault and/or violence in the workplace cannot / will not be tolerated. Everyone must be committed to insure that the workplace remains free of any such behavior. The parties are agreed that a Zero Tolerance policy towards any type of discrimination, harassment, assault and/or violence in the workplace is a logical and necessary policy.

ARTICLE V: UNION REPRESENTATION

Section 1. The number and need of stewards shall be determined by the union, and appointments thereof will be made by the appropriate Union Representative. The union agrees to limit the number of stewards to a maximum of one (1) per shift where possible.

Section 2. The union shall supply the contractor in writing and shall maintain, with the contractor on a current basis, a complete list of all authorized stewards, together with the designation of the group of employees that they are authorized to represent.

Section 3. The employer agrees to recognize the officers and duly designated representatives of the union and shall be kept advised, in writing, by the union of the names of its officers and representatives.

Section 4. The employer agrees that in the event it is planned to transfer a steward, officer, or representative from one work shift and/or shop to another, it will inform the Union five (5) days prior to taking such action. If the Steward believes the transfer from one work shift/or shop to another was not done in a fair manner, he/she may grieve this matter in accordance with Article VIII herein.

Section 5. Authorized representatives of the union shall have access to the employer's establishment during working hours for the purpose of adjusting disputes, investigating working conditions, collecting dues, and ascertaining that the agreement is being adhered to, provided, however, that advance notice be given so that such visits do not unduly interfere with the employer's operation. All visits are subject to Government regulations.

ARTICLE VI: IMMEDIATE DISCHARGE

An Employee shall be subject to immediate discharge for the following reasons:

(a) Caught stealing.

(b) Drinking alcoholic beverages or using illegal drugs while working.

(c) Physical altercations.

(d) Falsification of timesheets or time cards.

(e) Failure to report for work without notice or excuse.

ITPEU Union Rep Trina Williams

(f) Unauthorized disclosure of employer's hospital service, proprietary documents, timesheets, pay cards, procedure manuals, etc., to anyone.

(g) Direct and blatant disobedience of a direct instruction or request that leads to an unsafe incident.

(h) Acceptance of a bribe or financial reward for any cause or reason.

(i) Payment of a bribe or offering of a financial reward for any cause or purpose.

(j) Unauthorized use of any Employer's vehicle.

(k) Failure to complete assigned work without notifying management or supervisor that the work was uncompleted.

(l) Any false statement made on the application for employment or to the medical examiner with the intent to deceive.

(m) Unauthorized possession of firearms or explosives within the facilities.

(m) Employees restricted by the Government from entering the Government installation.

(n) Sleeping on the job.

(o) The Threat of refusal to work or perform an assignment.

(q) Refusal or intentional failure to perform assignment, and/or failure to respond to emergency response procedure after duty hours.

(q) Falsification of any information given on an application or official employer's document.

(r) Breach of Patient Confidentiality.

(s) Any violation of the Zero Tolerance Policy in Article V.

ARTICLE VII: WRITTEN WARNINGS/PROGRESSIVE DISCIPLINE

Section 1. Other than reasons identified in Article VI, the employer shall not discharge any employee without just cause, and with respect to any such discharge, the employer shall give at least three (3) warning notices to the employee of any complaint against such employee, in writing, and a copy of the same to the union. Once warning notices become twelve (12) months old, said notice shall be voided, and not be operative in the future. Warning notices of complaints against an employee need not be for similar reasons.

Section 2. The following includes but does not limit the employer's rules and regulations which shall not be permitted and for which written warnings shall be issued.

(a) Gambling, including games of chance, operation of pools, lotteries, etc., within the facilities.

(b) Amoral conduct or indecency on the premises.

(c) Insubordinate behavior towards manger, supervisor or customer.

(d) Vending, soliciting, or collecting contributions for any purpose, whatsoever, at any time on the premises unless authorized.

(e) Reporting to work with the indisputable odor of alcohol on breath or under the influence of illegal drugs.

(f) Unauthorized break or extended break or lunch period.

(g) Failure to report to work in a neat and clean fashion in proper uniform or approved attire.

ITPEU Union Rep Trina Williams

(h) Failure to wear provided name badge or I.D. card.

(i) Unauthorized presence in any area not normally assigned to the employee/employees.

(j) Verbal altercation with superiors, peers or other facility personnel.

(k) Interference with an inspection process or inspector.

(l) Giving access to any person to any area (by key or lock combination) under the control of the employee/employees.

(m) Failure to maintain a reasonable means by which the employer may contact the employee for duty.

(n) Two (2) failures to report for duty when contacted for on-call assignments.

(o) Reporting to work late without cause or excuse.

(p) Leaving work or the work area before schedule completion or quitting time without prior approval.

(q) Any moving vehicle violation while driving any Employer's vehicle or while en route from one job location to another.

(r) Poor job performance:

A warning for "poor job performance" must consist of a minimum of three (3) similar incidents of unmistakable poorly performed work within a thirty (30)-day period.

Employees who have not completed all phases of the Initial Training Program cannot be terminated for poor job performance. Each incident of poor performance must be documented and clearly due to the employee's disregard for documented training established procedures, the proper use of authorized materials or supplies, or verbal instructions. Poorly performed work is defined as any work that must be redone to meet acceptable standards or any work accomplished that initially does not meet established, acceptable and reasonable standards.

(s) Leaving the job site with assigned keys that are to be secured on site.

(t) Smoking, eating or drinking in any area other than approved areas for that purpose.

(u) Any violation of the Safe Practices Code.

(v) Employee misbehavior that reflects adversely upon the customer.

(w) Excessive Absenteeism:

(1) Absenteeism in considered to be excessive when unexcused absences exceed one (1) day in the preceding 6 months. Every absence from a scheduled assignment must be documented and recorded on the individual employee's attendance record.

(2) Unexcused absences include:

(a) Sick leave claimed without a doctor's or medical excuse to support each day of absence, when required.

(b) Personal time off without adequate proof of reasonableness and just cause made at the discretion of the local manager.

(c) Vacation days taken off, which exceed the amount of vacation days accrued to that point.

Employees found guilty of violating employer's rules and regulations may be warned, suspended without pay, or discharged, in the following manner:

ITPEU Union Rep Trina Williams

(a) 1st offense Written warning and counseling

(b) 2nd offense, within any six (6)-consecutive month period. One (1) day suspension.

(c) 3rd offense, within any six (6)-consecutive month period. Dismissal, or three (3)-day suspension, at the employer's discretion.

(d) 4th offense, within any nine (9)-consecutive month period. Dismissal, or five (5)-day suspension, at the employer's discretion.

(e) 5th offense, within any twelve (12)-consecutive month period. Dismissal.

Section 3. Discharge or suspension must be made by proper written notice to the employee, shop steward, and a copy mailed to the affected union.

ARTICLE VIII GRIEVANCE PROCEDURE & ARBITRATION

Section 1. The parties to this agreement, in the interest of resolving all disputes, complaints or grievances, in connection with the interpretation or application of the terms of this agreement, have settled upon the following orderly and peaceful procedures:

Step One: The employee shall immediately report to his Steward any complaints, disputes or grievances, which he/she believes, require adjustment. The Steward, designated by the union, shall immediately investigate to ascertain whether the complaint has merit and report the results thereof to the Union Representative. The union shall be the sole judge as to the validity of any grievance and, in the event the Union Representative believes the grievance has merit, he/she shall attempt to resolve the dispute with the Employer's Supervisor, within five (5) days after notice thereof. If the dispute is not resolved within that period of time, the matter shall be referred to Step Two in writing within ten (10) days. If the matter is not referred within the ten

(10) days, the matter shall be closed.

Step Two: The Union Representative shall refer the matter in writing to the employer or his designee, and a copy to the President of the Union or his designee. The two (2) parties will then meet, within ten (10) days of receipt of the letter, in an effort to settle the grievance. If no satisfactory settlement is arrived at within five (5) days of the meeting, either party may, within five (5) additional days, refer the matter to Step Three, Arbitration. The President of the Union, or his designee, shall have full authority to determine whether or not the union wishes to process the grievance into Step Three, Arbitration.

Step Three: The party invoking the provision of Step Three shall call upon the Federal Mediation and Conciliation Service to supply both the employer and the union with a list consisting of at least three (3) and not more than five (5) individuals who would serve as Arbitrator. The parties may then invoke the usual procedures to strike off objectionable names.

ITPEU Union Rep Trina Williams

The decision of the Arbitrator shall be final and binding upon both parties. The cost of such arbitration shall be shared equally by both parties.

Section 2. The parties may, by mutual consent, select a mutually acceptable neutral individual to act as a temporary or permanent Arbitrator for disputes arising under the terms of this agreement.

Section 3. Time limits are exclusive of Saturday, Sunday, and recognized holidays.

ARTICLE IX: SENIORITY

Section 1. The employer recognizes seniority which shall be based upon the length of continuous service, with previous, present and succeeding employers, according to the Employers' and the Union's records, as an important factor to be considered by it in shift assignments, promotions, demotions, lay-offs, and recalls after lay-offs within the unit. It is understood, however, that the employer may also consider efficiency and capability, provided that when these factors are equal, seniority shall prevail.

Section 2. No employee shall acquire any seniority rights until he/she has been continuously employed by the present employer for a period of thirty (30) calendar days.

After thirty (30) days, the employee's seniority is established from the first day of employment at that site.

Section 3. A break in seniority shall occur in the following events:

(a) If an employee quits.

(b) If an employee is discharged for cause.

(c) If an employee takes an unauthorized leave of absence.

(d) If an employee is laid off for more than one (1) year and one (1) day.

Section 4. The employer shall supply the union with an up-to-date seniority list upon request.

Section 5. Every new employee at the job site shall be on probation for a period of sixty (60) working days (defined as having reported for work 60 times) and during this probationary period, an employee may be dismissed for any reason considered justifiable by the employer Any employee so dismissed shall not have the right to invoke the grievance and arbitration procedure of this agreement.

ARTICLE X: PROMOTIONS

Section 1. When the employer determines that a vacancy exists in the classification of Group Leader, a notice of the vacancy shall be posted for a period of five (5) days in the normal posting locations. Any employee in the bargaining unit shall be permitted to sign the notice indicating his/her desire to be selected for the position.

ITPEU Union Rep Trina Williams

Section 2. In effecting promotions, the employer will first give consideration to employees of the unit and selection will be made there from unless an outsider applicant is clearly better qualified.

Section 3. The application of all candidates will be reviewed with full regard given to each candidate's skills, abilities and experience. In making selections for promotion within the bargaining unit, the employer may consider willingness to relocate as criteria; however, all other factors being equal, the employer agrees to promote the most senior employee.

ARTICLE XI: LEAVE OF ABSENCE

General Guidelines for Personal, Medical or Hardship Leave of Absence

A leave of absence for reasonable cause, as determined by the employer, may be granted for a specified period, with written approval of the employee's supervisor at least fifteen (15) days in advance of such leave of absence, providing the employee can be spared from his/her regularly assigned job duties. Employees who are away for a period longer than the term of the leave of absence, or who accept employment elsewhere without permission of the employer during such leaves of absence, shall be considered to have voluntarily terminated their employment with the employer. Employees shall not receive holiday pay for any holiday which falls during the period they are on leave. Employees on leave of absence shall not receive any accrued vacation for those periods of absence.

Medical Leave of Absence

An employee desiring medical leave of absence from his/her employment shall secure written permission from the employer. The maximum medical leave of absence shall be for six months.

Permission for leave must be secured from the employer with a copy mailed to the union.

Granting of medical leave of absences shall be for the restoration of personal health of the employee only. The need for personal health restoration must be attested to by a physician statement and such statements must be kept current. It is the employee's responsibility to keep the employer informed of their status by supplying the employer with updated physician's statements, prior to the expiration date of the preceding statement. A physician statement for full release back to work shall also be required. The maximum time off from medical leave is six months and medical leave may not be combined with personal leave for a total of nine months. Leave of absence shall not cause a change in seniority date. If benefits accrue during a year in which a leave of absence is taken, they shall be prorated according to service during the year. Available sick leave pay may be utilized during a medical leave of absence.

Personal or Hardship Leaves of Absence

An employee desiring leave of absence without pay from their employment shall secure written permission from the employer. The maximum leave of absence shall be for (90) calendar days.

Permission for leave without pay must be secured from the employer with a copy mailed to the union. Granting of personal or hardship leave of absence may include but not be limited to

ITPEU Union Rep Trina Williams sickness or death in the immediate family, cases considered extreme hardship for an employee or any member of his/her immediate family. Leave of absence without pay shall not cause a change in seniority date. If benefits accrue during a year in which a leave of absence is taken, they shall be prorated according to service during that year.

Military Leave of Absence

The Employer and the Union agree to abide by the provisions of the Selective Service Act, and the Veteran's Reemployment Act, insofar as the provisions of said Acts apply to the rights of employees and the obligations of the employer. Employees who are members of the National Guard and Military Reserve Units, shall be granted necessary time off, without pay, in order that they may fulfill their military obligations. These employees must notify their supervisor immediately upon receiving notifications of training period or other obligations requiring a military leave of absence. Employees may elect to use earned vacation benefits (if eligible) during periods of military service. Military leave of absence shall not cause a change in seniority date. If benefits accrue during a year in which a leave of absence is taken, they shall be prorated according to service during that year.

Medical Treatment

The employer provides Workmen's Compensation coverage for employees who sustain an injury or occupational illness.

An employee who sustains a work related injury that causes lost time for medical treatment, shall receive full pay for their regularly scheduled hours on the date of injury, when ordered not to return to work for the remainder of that day by the company physician.

Family Medical Leave Act (FMLA)

The employer agrees to be bound by the FMLA, if applicable.

Union Leave

Employees have the right to request reasonable unpaid leave to work with the union and such requests shall not be unreasonably denied by the employer, provided that a seven (7)-day advance notice is given to the employer. By reason of such Union Leave, employees shall not forfeit any accrued rights under this agreement, but likewise shall not accrue any rights during such leave.

Return From Leave of Absence

The employer agrees that an employee be permitted to return to work at his/her previous classification and current rate of pay. Should an employee require less time off than originally approved, the employee shall have the right to return no later than ten (10) working days after notifying the employer of his/her anticipated early return date.

ITPEU Union Rep Trina Williams

ARTICLE XII: WAGES

The schedule of effective wage rates and job classifications for employees is set forth in Appendix "A" attached hereto.

ARTICLE XIII: SHIFT SCHEDULING, BASIC WORK WEEK & HOURS OF WORK

All employees shall be assigned to work in accordance with the hours of work and shifts determined by the employer. The provisions of this Article shall not be construed as a limitation upon the number of hours per day or per week that the employer may operate its business and/or schedule its employees, nor shall this Article be construed as a guarantee of a minimum number of hours available to employees.

Section 1. Work Week The regular work week for all employees shall begin and end at 7:00 a.m. on Monday. Due to the inconsistent tasks and frequency scheduling required in the healthcare environment, the union recognizes the fact that it is impossible to place all of the employer's employees on a thirty-five (35) hour work week; therefore, the employer agrees to place as many employees as possible on a thirty-five (35) hour, five (5) day per week, work week.

Section 2. Days Off Each full time employee shall have two (2) scheduled days off in each regular work week. The employer must notify the affected employee at least two (2) calendar days in advance of any change in regular "scheduled days off". Where employees are required to maintain continuous operation of departments or assignments, days off may be fixed or rotated consistent with the requirements of the service. The employer will make every reasonable effort to arrange work schedules so that a maximum number of employees will be off duty on two (2) consecutive days consistent with operational requirements.

Section 3. Shifts Shifts for all regular employees shall be established as follows:

(a) Shifts will be established by the employer to best accomplish the task and frequency schedules.

(b) Employees involuntarily transferred from one (1) shift to another shall receive at least twenty-four (24) hours' notice except during emergency

(c) Emergency Discontinuance of Operation

In the event of any emergency (e.g., severe weather conditions) requiring the discontinuance of the employer's operations, employees will be released from work and/or will be excused from their obligation to report for work in accordance with directive which may be issued by the military command, and which apply to the operation of the military installation. The employer shall not be required to pay wages unearned by employees as a result of such discontinuance of operation.

(d) There shall be a fifteen (15)-minute rest period during the first half of each employee's shift providing his/her scheduled work day exceeds five (5) hours. Such rest periods

ITPEU Union Rep Trina Williams shall be taken without loss of pay at work location to be determined by the employer.

Employees scheduled to work five (5) hours or less in any one (1) workday shall not be granted rest periods.

(e) No employee shall be required to work more than four (4) hours without a lunch period.

Meal periods shall be a minimum of one-half (1/2) hour and a maximum of one (1) hour, and shall be without pay.

ARTICLE XIV: SHOW UP & REPORTING TIME

Any employee reporting for work at the regular starting time, when he/she has not been notified not to report and for whom no work is provided, shall receive two (2) hours pay at his/her regular hourly rate. Any employee reporting for work at the regular starting time, and who is placed at work, shall be paid for no less than three (3) hours at his/her regular rate, even though three (3) hours have not been worked for. If more than three (3) hours are worked in any one shift, an employee shall receive pay for actual hours worked. Any employee called for outside his/her regular working hours, or on his/her scheduled days off, shall be guaranteed a minimum of three (3) hours pay at the regular rate.

ARTICLE XV: EMERGENCY RESPONSE ROSTER

To provide an Emergency Response support capability to the facility, a small number of personnel will be placed on a Recall Roster for afterhours call back to work. The Recall Roster will be formulated for one month periods. Six employees will be placed on the roster each month. The employees' first and last name and contact phone number will be indicated on the Roster.

(a) The Director of Housekeeping will be the specific person to start the recall system.

(b) When an individual is recalled for any emergency response requirement, that individual may be excluded from being recalled again during the month.

(c) Placement of employees on the monthly recall roster will rotate amongst the employees.

Employees who are on vacation or leave of absence will not be placed on the roster.

ARTICLE XVI: OVERTIME

Overtime shall be paid at the rate of one and one-half (1-1/2) times the straight hourly rate.

Overtime is defined as all work performed in excess of forty (40) hours in any work week.

The employer will distribute overtime work as is necessary, and as fairly as possible, between employees affected by such overtime work.

ARTICLE XVII: HOLIDAYS

Every employee will be compensated for Holidays in accordance with the Annual Benefit Fund, for which contributions shall be made as set forth in Appendix "D" attached hereto.

ITPEU Union Rep Trina Williams

ARTICLE XVIII: VACATIONS

Employees shall be entitled to paid vacations in accordance with the Annual Benefits Fund, for which contributions shall be made as set forth in Appendix "D" attached hereto.

ARTICLE XIX: SICK LEAVE

Sick leave will be paid in accordance with the ITPEU Annual Benefit Fund, for which contributions shall be made as set forth in Appendix "D" attached hereto.

ARTICLE XX: BEREAVEMENT LEAVE

Bereavement leave will be paid in accordance with the ITPEU Annual Benefit Fund, for which contributions shall be made as set forth in Appendix "D" attached hereto.

ARTICLE XXI: HEALTH & WELFARE

The employer shall pay the Health & Welfare Benefits as set forth in Appendix "B" attached hereto.

ARTICLE XXII: PENSION

The employer shall pay the Pension Benefits as set forth in Appendix "C" attached hereto.

ARTICLE XXIII: HIRING OF EMPLOYEES

Section 1. The employer agrees that it will contact the Union office and give the union an opportunity to furnish all classes of employees covered by this agreement, but if the union cannot supply the needed personnel, the employer may obtain applicants from any and all sources for the particular requirement. The union shall endorse any requirements for hiring employees who would be trainees under federal, state, and locally sponsored training programs.

Section 2. Selection of applicants for referral to, or for employment on jobs, shall be on a non-discriminatory basis and shall not be based on, or in any way affected by Union membership, bylaws, rules, regulations, constitutional provisions or any other obligation or aspect of Union membership, policies or requirements.

Section 3. When the employer is awarded a new service contract, in a location where the union already represents employees through a prior collective bargaining agreement with the predecessor contractor, the Employer signatory to this agreement agrees to retain the necessary number of employees of the predecessor contractor required for Service Contract performance, Article IX -Seniority shall be applicable in the above.

Section 4. As a condition of employment, the union agrees that all employees will maintain a current means by which they can be contacted to report for work. This requirement is important especially in respect of huge quantities of on-call work at the employer's premises. This

ITPEU Union Rep Trina Williams condition is also critical when considering the employer's requirement for employees to respond and report for work in cases of mass casualties, large-scale emergencies and disasters.

Section 5. The Union and Employer agreed to a higher paid Union classification known as Group Leader and the parties recognize the following criteria shall apply with respect to the Group Leader classification:

(a) Group Leader's first responsibility to management, is to get an assigned job accomplished.

(b) Group Leader shall lead and oversee the work output of Housekeeping Aides.

(c) Group Leader shall assume responsibility for his/her group and report on a direct basis to management any reports of unsatisfactory job performance or behavior by other members of his/her group.

Management shall consider input and reports from Group Leaders when making disciplinary decisions.

ARTICLE XXIV: WASH & WEAR UNIFORMS

The employer shall provide three (3) initial wash and wear uniforms for each employee to wear.

One (1) additional new wash and wear uniform shall be provided to each employee, without cost, every twelve (12) months. The employees shall launder and maintain their uniforms at their own expense.

ARTICLE XXV: MISCELLANEOUS

Section 1. The employer will provide facilities where all employees may eat their meals at their regularly scheduled times, provided such facilities are made available by the U.S. Government.

Section 2. The employer agrees to give the union a copy of the employer's written personnel policies and copies of the job descriptions for all classifications in the bargaining units. If no job description exists for a job classification, it will be immediately negotiated jointly by the Union and Employer.

Section 3. Supervisors and other personnel outside the bargaining unit shall not regularly perform bargaining unit work so as to replace bargaining unit employees. The parties to this agreement recognize, however, that such activity may be necessary from time to time to ensure the efficient and profitable operation of the employer and, therefore, agree that such activity is not a violation of the provision of this agreement.

Section 4. Pay Period and Pay Day All employees covered by this agreement will be paid for hours worked between the first of the month through the fifteenth of the month, on last day of the same month. Hours worked between the sixteenth of the month through the last day of the month will be paid on the fifteenth of the following month. Paychecks will not be distributed early.

ITPEU Union Rep Trina Williams

Section 5. No employee who is discharged or resigned will receive any wage until he/she has furnished proof that his/her file at Base Security has been cleared, all badges/passes surrendered, and has cleared the employer's property files. No wages will be released until all uniforms are turned into the employer.

ARTICLE XXVI: NO STRIKES - NO LOCKOUTS

Section 1. It is the intent and purpose of the parties hereto, set forth herein, this basic agreement covering wages, hours of work, and other terms and conditions of employment to be observed by the parties, and to provide a procedure for the prompt and equitable resolution of disputes and grievances arising between the parties. Accordingly, it is agreed that there shall be no interruptions in, or impediments to, the employer's operations, or any stoppages, strikes, or lockouts during the life of this agreement arising out of such dispute or grievance. Instead, such disputes and grievances shall be peacefully resolved under the grievance procedure provided in Article VIII.

Section 2. It is agreed that in all cases of any unauthorized strikes, slowdowns, walkouts, or any other unauthorized acts of employees of the employer, or of any affiliated Union and/or District Council, or official thereof, the union shall promptly undertake to induce employees to return to their jobs and to process any dispute under Article VIII, and no liability shall attach to the union unless, and until, any such unauthorized act has been expressly ratified by the union.

ARTICLE XXVII: INVALIDITY

In the event that any term or provision of this agreement shall be declared in violation of federal or state law, or shall, through action of any federal or state legislation become unlawful, such term or provision shall be void and of no effect in that particular jurisdiction. All other terms and conditions of this agreement shall remain in full force and effect. In the event any authorized Government Agency or court of competent jurisdiction determines that the wages and fringe benefits contained in the Appendices are improper, the employer shall be obligated to pay only the wages and fringe benefits specified in the appropriate wage determination issued by the Department of Labor.

ARTICLE XXVIII: HEALTH & SAFETY

The Employer and the Union agree that they will cooperate in the enforcement of health and safety standards, and rules that may be established by the employer in compliance with OSHA or other statutory regulations.

ARTICLE XXIX: PHYSICAL EXAMINATION

If required by the Contracting Agency, the employer may require an employee to undergo a physical examination, and it shall have the right to select the examining physical, request the physician to conduct specific tests and to receive a written report from the physician as to his findings. Such reports shall be considered and treated in a confidential manner by the employer.

ITPEU Union Rep Trina Williams

The total cost of such physical examinations, exclusive of any treatment given, shall be borne by the employer.

ARTICLE XXX: MANAGEMENT CLAUSE

Section 1. The employer retains the sole rights in its discretion to manage its business, to hire, discharge for cause, lay off, assign, transfer and promote its employees, to determine the starting and quitting time and the number of hours to be worked, and all other rights and prerogatives, subject only to such regulations and restrictions governing the exercise of these rights as expressly provided in this agreement.

Section 2. The execution of this agreement shall not create any vested rights in the employees of the employer, and all rights not specifically relinquished by the employer in this agreement shall remain the employer's.

ARTICLE XXXI: SUCCESSORS & ASSIGNEES

This agreement shall be binding upon, and shall insure to the benefit of the parties hereto, their successors and assignees.

ARTICLE XXXII: SAVINGS CLAUSE

In the event that any term or provision of this agreement shall be declared in violation of federal or state law, or shall, through the action of any federal or state legislation, become unlawful, such term or provision shall be void and of no effect in that particular jurisdiction. All other terms and conditions of this agreement shall remain in full force and effect.

ARTICLE XXXIII: EFFECTIVE DATE & DURATION

This agreement, entered into on March 17, 2022, shall be binding upon the parties hereto, their successors in the employing industry and their administrators, executors, and assignees, and shall remain in full force and effect until March 16, 2025, and shall continue in effect from year to year thereafter, unless written notice is given by the Union or the Employer or at least ninety

(90) days prior to the expiration date of its desire to modify, amend or terminate this agreement.

The parties shall begin good faith bargaining within fifteen (15) days after receipt of such notice. The Appendices attached hereto will be opened annually for renegotiating wages, fringes, etc., on or about November 15 of each contract year. If the parties are unable to reach an agreement by March 01 of each year, either party may invoke interest arbitration upon ten

(10) days' written notice to the other party.

ARTICLE XXXIV: DRUG ABUSE PREVENTION & DETECTION

The parties recognize the problems which drug abuse has created in all industries and the need to develop drug abuse prevention programs. Accordingly the parties agree that in order to enhance the safety of the work place and to maintain a drug-free work environment, the

ITPEU Union Rep Trina Williams employer may require applicants or employees to undergo drug screening. The following terms have been agreed upon by the Union and the Employer:

(a) It is understood that the use, possession, manufacture, distribution, transfer or sale of illegal drugs, narcotics or other unlawful substances is absolutely prohibited while employees are on the employer's job premises or while working on any site in connection with work performed under the applicable agreement.

(b) The Union and Company recognize and will abide by the Drug-Free Workplace Act of 1988 and Privacy Act of 1974 and all related rules, laws and regulations, as amended, to comply with the requirements for a drug-free workplace at all Government contract locations while protecting the rights of bargaining unit employees.

(c) The Employer may require that an employee be tested for drugs where the employer has reasonable cause to believe that the employee is impaired from performing his/her job.

Observation must be made by at least two (2) persons. This provision shall be applied in a non-discriminatory manner. Supervisors will administer the program in a fair and confidential manner. For employees who refuse to take a test where the prerequisites set forth in this paragraph have been met, there will be a rebuttable presumption that the test result would have been positive for an unlawful substance. All costs associated with this testing shall be the sole responsibility of the employer.

(d) The Employer may require that an employee who contributed to an accident and/or submitted a report of personal injury in the work place be tested for drugs where the employer has reasonable cause to believe that the accident or injury resulted from drug usage, e.g., performance, significant attitude change, absenteeism, etc. All costs associated with this testing shall be the sole responsibility of the employer.

(e) There will be no random drug testing by the signatory Employer.

(f) Specific methods of testing shall be determined by the medical provider and shall conform to the accepted industry standards for such testing. All costs associated with this testing shall be the responsibility of the employer.

(g) Any dispute which arises under this drug policy shall be submitted to the grievance and arbitration procedure set forth in the applicable agreement.

(h) The establishment or operation of this policy shall not curtail any right of an employee found in any law, rule or regulation. Should any part of this policy be found unlawful by a court of competent jurisdiction or a public agency having jurisdiction over the parties, the remaining portions of the policy shall be unaffected and the parties shall enter negotiations to replace the affected provision.

(i) The Employer shall indemnify and hold the union harmless against any and all claims, demands, suits or liabilities that may arise solely out of the employer's application of the Substance Abuse Program.

ITPEU Union Rep Trina Williams

(j) The results of drug/alcohol testing will be protected as CONFIDENTIAL, and released only to the Medical Review Officer, the site's Project Manager, the employer's Corporate Office, and bargaining unit employee. If disciplinary action is required as a result of the test results, the Union Representative will be given access to review the test results, upon written request from the bargaining unit employee to the company.

ARTICLE XXXV: DRUG FREE WORKPLACE POLICY

Section 1. The purpose of this Article is to furnish disciplinary and rehabilitative guidelines for handling first-time violators of the illegal drug prohibitions set forth in Article XXXVI.

Section 2. Coverage The provisions of this Article cover all employees who are first-time violators of Article XXXVI. The company emphasizes that use, possession, manufacture, distribution, offer for sale, or being under the influence of illegal drugs during working hours, including lunch periods, break periods and/or while on the company or customer property or premises at any time shall be considered as a violation of the company drug free workplace policy.

Section 3. Alternatives to Discharge The following Sections 4 and 5 set forth alternatives to immediate discharge for any first-time violation of the company drug free workplace policy. The refusal of an employee to comply with the specifications in Sections 4 and 5 shall result in the immediate discharge of that employee.

Section 4. Rehabilitation An employee covered by this alternative shall enroll in and complete an approved rehabilitation treatment program as determined by an outside treatment professional approved by the company agreed upon by the company and the union. The employee shall bear all costs of the rehabilitation program. Enrollment must commence within thirty (30) days of the violation of the company drug free workplace policy. The refusal of an employee to timely enroll in and complete such a rehabilitation program shall result in the immediate discharge of that employee.

Section 5. Post Rehab/After-Care An employee who has completed a rehabilitation program must also enroll in and complete an approved after-care program as determined by an outside treatment professional agreed upon and approved by the company and the union. The employee shall bear all costs of the after-care program. The refusal of an employee to enroll in and complete such an after-care program shall result in the immediate discharge of that employee.

Section 6. Additional Employee Responsibilities for First-Time Violators…

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