47PB00170004_Tab_10_Exhibit_32_32BJ-MCNE-Master-Agreement.pdf

AGREEMENT

Between

MAINTENANCE CONTRACTORS OF NEW ENGLAND

And

SERVICE EMPLOYEES INTERNATIONAL UNION

LOCAL 32BJ

October 1, 2016 through September 30, 2020

MCC

NEE

TABLE OF CONTENTS

ARTICLE PAGE NO.

Article 1 Mutual Obligations

Article 2 Territorial Jurisdiction

Article 3 Recognition

Article 4 Union Membership

Article 5 Category Definition

Article 6 Check-Off

Article 7 Wages

Article 8 Overtime

Article 9 Holidays

Article 10 Vacations

Article 11 Sick Leave/Personal Days (Personal Time Off)

Article 12 Bereavement Pay

Article 13 Unpaid Leave of Absence

Article 14 Jury Duty

Article 15 Group Insurance Benefits

Article 16 Pension

Article 17 Training Fund

Article 18 Maintenance Contractors Trust Fund

Article 19 Legal Services Fund

Article 20 Provisions Applicable to 32BJ Health Fund, Training Fund, Pension, Maintenance, and 32BJ Legal Fund

Article 21 Travel Time and Travel Expenses

Article 22 Uniforms

Article 23 Workers’ Compensation

Article 24 Government Contracts

Article 25 No Discrimination

Article 26 Seniority

Article 27 Safety

Article 28 Military Service

Article 29 Management Rights

Article 30 Transfers

Article 31 Change of Contracts

Article 32 Other Agreements

Article 33 No Lowering of Standards

Article 34 Strikes and Lockouts

Article 35 Separability of Clauses

Article 36 Other Trade Names

Article 37 Shop Visitation

Article 38 Union Representatives

Article 39 Stewards

Article 40 Audits

Article 41 Grievance Procedure

Article 42 Major Offenses

Article 43 Trial Period

Article 44 COPE Fund Check-Off

Article 45 Immigration

Article 46 Scope of Contract

Article 47 Family Medical Leave Act

Article 48 Work Schedules, Changes in Assignments and Work Loads

Article 49 Security Screening

Article 50 Full-Time Jobs

Article 51 Additional Hours

Article 52 Reduction of Hours

Article 53 Duration of Agreement

Appendix “A” Wages

Appendix “B”

Appendix “B1”

Appendix “B2”

Appendix “C” Sample Release Authorization and Fair Credit Reporting Act

Disclosure

Appendix “D” Recognition Procedure for the State of New Hampshire

Side Letter Maintenance Trades

Side Letter Composite Health Insurance Rate

TABLE OF CONTENTS

Alphabetical Order

ARTICLE PAGE NO.

Article 51 Additional Hours

Appendix “A” Wages

Appendix “B”

Appendix “B1”

Appendix “B2” ................................................................................................................ 70 Appendix “E” - Recognition Procedure for the State of New Hampshire 72

Appendix “C” Sample Release Authorization and Fair Credit Reporting

Act Disclosure

Appendix “D” Recognition Procedure for the State of New Hampshire

Article 40 Audits

Article 12 Bereavement Pay

Article 5 Category Definition

Article 31 Change of Contracts

Article 6 Check-Off

Article 44 COPE Fund Check-Off

Article 53 Duration of Agreement

Article 47 Family Medical Leave Act

Article 50 Full-Time Jobs

Article 24 Government Contracts

Article 41 Grievance Procedure

Article 15 Group Insurance Benefits

Article 9 Holidays

Article 45 Immigration

Article 14 Jury Duty

Article 19 Legal Services Fund

Article 18 Maintenance Contractors Trust Fund

Article 42 Major Offenses

Article 29 Management Rights

Article 28 Military Service

Article 1 Mutual Obligations

Article 25 No Discrimination

Article 33 No Lowering of Standards

Article 32 Other Agreements

Article 36 Other Trade Names

Article 8 Overtime

Article 16 Pension

Article 20 Provisions Applicable to 32BJ Health Fund, Training Fund, Pension, Maintenance, and 32BJ Legal Fund

Article 3 Recognition

Article 52 Reduction of Hours

Article 27 Safety

Article 46 Scope of Contract

Article 49 Security Screening

Article 26 Seniority

Article 35 Separability of Clauses

Article 37 Shop Visitation

Article 11 Sick Leave/Personal Days (Personal Time Off)

Side Letter Maintenance Trades

Side Letter Composite Health Insurance Rate

Article 39 Stewards

Article 34 Strikes and Lockouts

Article 2 Territorial Jurisdiction

Article 17 Training Fund

Article 30 Transfers

Article 21 Travel Time and Travel Expenses

Article 43 Trial Period

Article 22 Uniforms

Article 4 Union Membership

Article 38 Union Representatives

Article 13 Unpaid Leave of Absence

Article 10 Vacations

Article 7 Wages

Article 48 Work Schedules, Changes in Assignments and Work Loads

Article 23 Workers’ Compensation

AGREEMENT

This Agreement made this 30th day of September, 2016 by and between each contractor member of the Maintenance Contractors of New England signatory hereto, their subsidiaries, their successors, and assigns (hereinafter referred to as the “Employer”) and Service Employees International Union, Local 32BJ (hereinafter referred to as the

“Union”). The Union and the Employer expressly covenant and agree that the management rights and obligations created by this Collective Bargaining Agreement attach exclusively to the individual signatory contractors and that the Maintenance Contractors of New England is an entity existing solely for the purpose of bargaining this Agreement.

Article 1

Mutual Obligations

1.1 The Employer, the Union and the Union members agree that they will endeavor to treat each other with dignity and respect. The Employer obligates itself that it will in good faith comply with all of the provisions of this Agreement. The Union obligates itself and its members that they will in good faith comply with all of the provisions of this Agreement and that the employees will perform their work conscientiously and efficiently under the terms of this Agreement.

Article 2

Territorial Jurisdiction

2.1 This Agreement shall cover the territory of the Commonwealth of Massachusetts and the State of Rhode Island. The parties have entered into a voluntary Recognition

Agreement for various parts of the State of New Hampshire which is attached to this

Agreement listed as Appendix “D”.

Article 3

Recognition

3.1 The Employer recognizes the Union as the exclusive bargaining agent for its employees engaged in the Contract Building Service Industry, wherever employed in the covered territory performing janitorial services, including all forepersons, Janitors, Porters, Cleaners, Doormen, Elevator Operators, Starters, and Handymen and

Groundspersons Landscapers, if not previously covered by Agreements with other

Unions, but exclusive of:

1. All executive, salaried Supervisors, sales employees and clerical employees.

2. Any employee with the authority to hire, discharge, discipline or otherwise effect changes of the status of employees on the job.

3. All employees who do not regularly work in excess of fifteen (15) hours per week, provided, however, that these employees are not on a regularly assigned schedule. All such excluded employees shall be paid at the rate of pay no less than the applicable minimum rate of the particular time of his employment.

3.2 Wherever the word “employee” is used in this Agreement, it shall apply only to the employees covered by this Agreement and not to any of the excluded employees and, except for the foregoing sub-paragraph (3), none of the provisions of this Agreement shall apply to the excluded employees. “Masculine Pronouns” will apply to both the masculine and feminine gender, unless the context clearly indicates otherwise.

3.3 The Employer shall be bound by the applicable area-wide agreements for all work performed within and subject to the scope of those agreements for all areas within the

Union’s jurisdiction, including the following agreements and successor agreements thereto:

a. The 2016 Independent or Realty Advisory Board on Labor Relations, Inc., Contractors Agreement;

b. The 2016 Long Island Contractors Agreement;

c. The 2016 New Jersey Contractors Agreement;

d. The 2016 Hudson Valley and Fairfield County Contractors Agreement;

e. The 2015 Philadelphia BOLR or Independent Contractors Agreement;

f. The 2015 Washington Service Contractors Association Agreement;

g. The 2015 Philadelphia Suburban Contractors Agreement;

h. The 2016 Delaware Contractors Agreement;

i. The 2015 Pittsburgh Central Business District Contractors Agreement;

j. The 2015 Suburban Pittsburgh Contractors Agreement; and

k. The 2016 Hartford/Connecticut Contractors Agreement

Article 4

Union Membership

4.1 The Employer agrees that all employees presently employed shall, as a condition of employment, join the Union within thirty (30) calendar days after the effective date of this Agreement, and shall continue their membership during the life of the

Agreement. Consistent with applicable law, an employee need not be a formal member of the Union and can satisfy this membership obligation by paying to the

Union the financial core fee, as that fee is defined by applicable law.

4.2 All new employees shall join the Union, or take the necessary steps to begin paying the financial core fee, within thirty (30) calendar days after their employment and shall also be required, as a condition of employment, to continue their membership or pay the financial core fee during the life of this Agreement.

4.3 It is understood the Employer shall not make dues deductions for any employee until and unless the employee provides a signed Dues Deduction Authorization Form to the appropriate Employer representative. Provided the Employer has received the requisite signed Dues Deduction Authorization Form, the Employer shall install applicable members into the Union or as financial core fee payers, as applicable, on a given day every month in order to facilitate the Union’s office procedure and such date shall be flexible.

Article 5

Category Definition

5.1 For the purpose of this Contract, the following classifications will be applicable:

Category “A” Regularly scheduled employees of over 29 hours.

Category “B” Regularly scheduled employees of between 16 and

29 hours, inclusive.

Category “C” Regularly scheduled employees of under 16 hours.

Category “D” Casual employees.

5.2 Employees under Categories “A”, “B” and “C” will pay initiation fee(s) and monthly dues, as stipulated by the Union for each category. The Articles of this Agreement will apply, as stipulated, throughout the Agreement.

5.3 Casual employees are hired on a per day, event or irregularly scheduled basis and shall, as a condition of employment, pay dues as established by the Union.

Casual employees shall be entitled to all terms and conditions of this Agreement including Article 7 – Wages with the exception of any non-wage economic terms and conditions of employment contained herein.

Article 6

Check-Off

6.1 Upon receipt of written authorization signed by each employee, the Employer agrees to deduct monthly membership dues or financial core fees, as applicable, from the employee’s earned wages and remit such dues or fees to the Local Union. The

Employer further agrees upon receipt of such authorization to deduct the Initiation

Fee, if applicable, and to remit same to the Union. The dues remittance report provided by the Employer shall indicate each employee’s name, work site and regularly scheduled hours.

6.2 All such dues and initiation fee(s) will be payable from the Employer to the Union not later than the final business day of the month following the month in which the deductions are made. All payments made after that date will be subject to a penalty of six percent (6%) per month, computed daily.

6.3 The Employer shall maintain accurate employee information and transmit dues, initiation fees, American Dream Fund, and all legal assessments deducted from employees’ paychecks to the Union electronically via ACH or wire transfer 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.

6.4 If an employee does not revoke his or her dues authorization at the end of a year following the date of authorization, or at the end of the current contract, whichever is earlier, it shall be deemed a renewal of authorization, irrevocable for another year, or until the expiration of the next succeeding contract, whichever is earlier.

6.5 At the time of hire, the Employer shall give to new employees, as provided by the

Union, a check-off authorization form, Union membership application, and, where appropriate, benefit fund enrollment forms. The Employer will send to the Union offices those forms (or portions thereof) that the employee chooses to fill out and return to the Employer.

Article 7

Wages

7.1 Wages, during the term of this Agreement, shall be paid as set forth in Appendix “A”, attached hereto and made part of this Agreement.

7.2 Appendix “A” consists of fourteen (14) wage schedules:

1. Metropolitan Boston: An area to include those locations within a fifteen (15) mile radius of Boston City Hall. Any issue as to whether a building is in or out of the fifteen (15) mile radius will be resolved using the GPS Waypoint

Format as the means of measurement.

2. Suburban Area: An area to include those Massachusetts locations within a twenty-five (25) mile radius of Boston City Hall, and including the City of

Worcester, but excluding Metropolitan Boston and Mall and Retail. Any issue as to whether a building is in or out of the twenty-five (25) mile radius will be resolved using the GPS Waypoint Format as the means of measurement.

3. Malls: Shopping malls, excluding those locations in the Cities of Boston and

Cambridge.

4. Retail: Retail establishments, excluding those locations in the Cities of Boston and Cambridge.

5. New Bedford: An area to include the City of New Bedford, Massachusetts.

6. Springfield: An area to include the City of Springfield, Massachusetts.

7. Westborough: An area to include the Town of Westborough, Massachusetts.

8. Worcester: An area to include the City of Worcester.

9. City of Providence, Rhode Island.

10. Rhode Island Suburbs (Outside the City of Providence).

a. The wage rate shall follow the schedule of increases in Appendix “A”

b. For buildings that are less than 50,000 square feet in size and for route work, wage schedules will be mutually determined as the need arises pursuant to Article 7 – Wages 7.4 of the Master Agreement.

c. For route work defined as bank branches, payment centers, retail outlets, facilities that are less than 10,000 square feet or less, wage schedules will be mutually determined as needed pursuant to Article 7

– Wages 7.4 of the Master Agreement.

11. Small Buildings:

a. For buildings that are 75,000 square feet or less in size and currently not represented by the Union and are within a five (5) to fifteen (15) mile radius of Boston City Hall, the Employer may pay the rate established for the Suburban Area.

b. For buildings that are 100,000 square feet or less in size and are currently not represented by the Union and are within a fifteen (15) to twenty-five (25) mile radius of Boston City Hall, the Employer shall follow the increases in Appendix “A”.

12. Route Work: Defined as bank branches, payment centers, retail outlets and facilities that are 10,000 square feet or less. The Employer will pay the increases in Appendix “A”.

13. Residential: In the Central Business District of Boston, Longwood Medical

Area, the Fenway and the City of Cambridge, the Metropolitan Boston rates will apply. In all other areas, the Suburban Area rates will apply in buildings with less than 400 units. In other areas within fifteen (15) miles of Boston City

Hall with buildings of 400 units or more, there is a sixty ($0.60) cents per hour premium added to the Suburban rates. The rates shall follow the increases in

Appendix “A”. In the event that the Union achieves a sixty-five (65%) percent density of the market, the Employers agree to a re-opener of wages.

14. Public School Districts and Municipal Buildings: Defined as all public schools and municipal buildings outside of Metropolitan Boston and Cambridge.

7.3 In the event that the Union can demonstrate that the Employer cleans sixty-five (65%) percent of the commercial office building over 25,000 square feet (sixty-five (65%) percent density) in the cities of New Bedford, Springfield, Westborough, and

Worcester the Employer agrees to reopen negotiations on wages in any of the above referenced cities that the Union can demonstrate it has reached such density. The Union must be able to demonstrate that it has sixty-five (65%) percent density of the applicable city at the time it gives notice. Any negotiations under this provision shall be limited to wage rates for any of the cities mentioned above and all terms and conditions of this Agreement shall remain in full force and effect.

7.4 Such other wage schedules for the rest of the Commonwealth of Massachusetts shall be mutually determined as the need arises.

7.5 Overscale employees shall receive increases in their rate of pay equal to the increase in the minimum rate of the applicable wage schedule each time the minimum rate increases.

7.6 It is agreed that all wages will be paid on a weekly basis. If a holiday falls on Friday, employees will be paid the day before.

7.7 The Employer may require, at no cost to the employee, that an employee’s check be electronically deposited at the employee’s designated bank or that a paycheck card is utilized. Employees shall have the option to decline electronic deposit or utilization of a pay check card. The Union shall be notified by the Employer of this arrangement at implementation and the employees and the Union will be provided with appropriate information explaining the process and policies, such as fee policies and replacement card policies, of each applicable payroll service provider.

7.8 Employees who work in biomedical or pharmaceutical GMP areas or cleanrooms shall be paid one ($1.00) dollar above their contractual minimum rate in this agreement so long as they meet the requirements of the position.

Article 8

Overtime

8.1 Overtime shall be paid at the rate of time and one-half (1½) the employees’ regular rate to all employees covered by this Agreement for all hours actually worked in any week in excess of forty (40) hours.

Article 9

Holidays

9.1 All regular employees in Categories “A”, “B”, and “C” shall be entitled to have the following holidays off without loss of pay:

New Year’s Day Victory Day** Columbus Day

Martin Luther King Day Memorial Day Veteran’s Day

President's Day Independence Day Thanksgiving Day

Patriot’s Day* Labor Day Christmas Day

*Applies only to Massachusetts **Applies only to Rhode Island

9.2 The holiday, when not worked, will not count as hours worked with respect to overtime. However, when the holiday is worked, it will count as hours worked with respect to overtime, even though overtime pay will have been paid for working the holiday. Whether worked or not worked the Employer must pay contributions to the

Funds described in Article 15 – Group Insurance Benefits and Article 16 – Pension for holidays. The Employer must also report all holiday hours, whether worked or not worked, to the Funds.

9.3 It shall be a requirement that those employees who are to receive holiday pay must work their full scheduled working day before and working day after the holiday and if scheduled to work the holiday must work the holiday unless on a scheduled vacation. If the employee works on a holiday and uses a contractual personal or sick day on the scheduled working day before or after the holiday they will also receive their holiday pay.

9.4 When a holiday falls on an employee’s regularly scheduled work day, then it is his obligation to work if required by the Employer, but he will be compensated at time and one-half (1½) his hourly rate, in addition to any holiday pay to which he is entitled. This is applicable to all employees in Categories “A”, “B” and “C”.

9.5 When an Employer plans to substitute a day for a holiday in duplication of the policy of a building, notice must be given to the Union fourteen (14) days before the contract holiday date.

9.6 It is understood that the Employer has a right to use a substitute day for a holiday, based upon duplicating the policy of any particular building.

9.7 It is understood that holidays are guaranteed, as long as all other requirements are fulfilled and need not fall within the employees’ regular work schedule.

9.8 In the event that one contractor shall replace another contractor on a recognized holiday, it shall be the obligation of the new contractor to pay for the holiday pay.

Article 10

Vacations

10.1 Each regular employee in Categories “A”, “B” and “C” who, as of the anniversary of his or her most recent date of hire, has worked eighty (80%) percent of his or her regularly scheduled hours in the previous twelve (12) months, shall receive vacation with pay based on the employee’s length of continuous service.

10.2 Employees shall receive vacation in accordance with the following schedule:

Continuous Service Vacation

Less than One (1) Year None

One (1) Year One (1) Week

Two (2) Years Two (2) Weeks

Five (5) Years Two (2) Weeks and Three (3) Days

Ten (10) Years Three (3) Weeks

Fifteen (15) or More Years Four (4) Weeks

10.3 Employer contributions to the Funds described in Article 15 – Group Insurance

Benefits and Article 16 – Pension must be paid for all hours in which employees receive vacation pay pursuant to this Article.

10.4 Authorized leaves of absence shall count toward the eighty (80%) percent of regularly scheduled hours necessary to render an employee eligible to receive vacation, except that the amount of vacation shall be reduced pro-rata based on the length of the authorized leave. An employee’s vacation year shall begin on the anniversary of his or her most recent date of hire, and there shall be no vacation carryover from year to year.

10.5 Newly hired employees shall work one (1) full year (12 months) prior to being eligible for any vacation. Once an employee reaches his/her first anniversary date, he/she will be eligible to take (or at his/her option, receive pay for) one (1) week of vacation as set forth in the next paragraph, subject to any applicable pro-rata reduction.

10.6 For the purposes of this Article, one (1) day’s vacation for an employee shall be equal to the employee’s regularly scheduled hours worked each workday, excluding overtime. One (1) week’s vacation for an employee shall be equal to the employee’s regularly scheduled hours worked each workweek, excluding overtime.

10.7 Employees may take vacation subject to the Employer’s prior approval and operational needs. However, an employee must have completed his or her applicable anniversary year prior to taking any vacation. Approval of requested vacation will be the Employer’s prerogative and seniority will prevail so far as practicable and compatible with the operational requirements of the Employer. Employees will have the option to receive pay in lieu of vacation on their anniversary date. Employees who have exercised the option to receive vacation pay on their anniversary date shall be able to take vacation time off at a later date. Employees will be issued vacation checks in weekly installments separate from their regular pay check.

10.8 In the event an Employer loses a contract, the successor Employer will recognize an employee’s years of continuous service with the previous Employer for purposes of determining an employee’s vacation entitlement. In the event an employee is terminated or quits for any reason the Employer shall pay the employee who has more than one (1) year of service a vacation accrual based upon the amount of time elapsed from his/her anniversary date of employment to the date of the employee’s termination.

Vacation shall be calculated pursuant to the following method:

a. Number of days elapsed from anniversary date of employment to date of termination divided by 365 days, multiplied by the employee’s vacation entitlement.

In the event that contractors who are signatory to this Agreement change in a building, both the contractor who loses the account and the one that acquires the account shall pay their share of the employee’s vacation accrual based upon the above described method.

Article 11

Sick Leave/Personal Days (Personal Time Off)

11.1 Each regular employee in Categories “A”, “B” “C”, shall be eligible for eight (8) combined paid sick and personal days each calendar year. Employees may use these days as personal or sick days.

11.2 Category “D” employees shall earn one (1) hour of sick leave for every thirty (30) hours worked up to a maximum of forty (40) hours in a calendar year.

11.3 Pro Rata Accrual (Effective January 1, 2017): Employees who are newly hired shall receive the pro rata share of Personal Time Off based on their date of hire once they reach sixty (60) days of seniority. The Pro Rata Share shall be the number of full weeks until January1st divided by 52 and multiplied by eight (8) days. Employees hired by a successor employer in a contract flip shall be provided Pro Rata Personal days for the first calendar year under the same formula with no wait period.

Employees regularly scheduled to work less than five (5) days per week shall receive the pro rata share of eight (8) paid sick/personal time off calculated by regularly scheduled hours divided by 40 multiplied by eight (8) days.

Article 12

Bereavement Pay

12.1 In the event of a death in the employee’s immediate family (i.e., father, mother, sister, brother, child, grandchild, spouse/spousal equivalent), the employee shall be entitled to the next three (3) succeeding days off or three (3) days around the funeral or, if an employee must travel internationally, three (3) days in the thirty (30) days following the death and shall be reimbursed (up to the three (3) days) for any time lost from his/her regular schedule as a result of such absence. In the event of the death of a grandparent, step-parent, step-child, in-law, aunt or uncle the employee shall be entitled to one (1) day off in the next three (3) days and shall be reimbursed for any time lost from his/her regular schedule as a result. Employer contributions to the

Funds described in Article 15 – Group Insurance Benefits and Article 16 – Pension must be paid for all hours in which employees are receiving bereavement pay pursuant to this Article.

Article 13

Unpaid Leave of Absence

13.1 The Employer may grant leaves of absence without pay to an employee who, for compelling reasons, requests an unpaid absence from work. Leave without pay shall be granted only at the Employer’s sole discretion, subject to the Employer’s business and operational requirements, if the Employer determines that the employee has a valid reason for taking such leave and other Employer leave policies (e.g., family and medical leave, bereavement leave, jury duty, military service, etc.) either are not applicable or have been exhausted. An employee shall provide the Employer with as much notice of his or her desire to take leave without pay as is practicable under the circumstances, but in no event shall the employee provide less than fourteen (14) calendar days’ notice, except in exigent circumstances as determined by the Employer or in the case of bereavement as defined in Article 12 – Bereavement Pay.

13.2 Employees who have five (5) year of service or more shall be granted an unpaid leave of absence for a period not to exceed two (2) weeks which may be taken in conjunction with the employee’s vacation time at intervals of three (3) years. If a holiday should occur during the above vacation period, the employee shall receive a normal day’s pay for said holiday and if a holiday should occur during the period of unpaid leave the employee will not be eligible for said holiday.

13.3 The maximum amount of leave that may be granted under this unpaid leave of absence policy will be up to three (3) months in the Employer’s sole discretion, depending upon the Employer’s business and operational requirements. The Employer may also require reasonable documentation depending upon the reason for the leave.

13.4 To be eligible for an unpaid leave of absence, an employee must have at least one (1) year of continuous service prior to the effective date of the leave of absence. For determining length of service with the Employer, time spent on authorized unpaid leaves of absence (including, in the aggregate, leave granted under this policy and leave granted under other Employer leave policies) will be counted as continuous service; however where an employee’s total period of leave exceeds six (6) months in any consecutive twelve (12) month period, such leave in excess of six (6) months shall not be counted as continuous service.

13.5 The Employer shall not be responsible for any applicable Health and Welfare contributions and/or payments during any leave of absence granted under this Article except as required under applicable law.

13.6 Any requests for leave granted under this Article must be in writing. If the Employer grants a leave of absence, the Employer shall reduce to writing the period of leave granted, including the beginning and end dates of the leave. The employee must report for work by the date specified as the end date of the leave and will return to the same position, provided that such position is available at the time the employee returns to work. If there has been a reduction in force during leave, availability of position shall be determined by seniority. If such position is not available, the Employer shall make a good faith effort to place the employee in an equivalent position, provided that such a position is available at the time the employee returns to work.

13.7 Subject to Paragraphs 13.1 through 13.5 of this Article, an employee may request an unpaid leave of absence to work with the Union. Such leave shall not be unreasonably denied; provided that no more than one (1) employee per work site, per shift may be on an unpaid leave of absence for this purpose at any given time.

Article 14

Jury Duty

14.1 Any employee who is required to report for jury service on the day and during the hours which he is scheduled to work shall be paid the difference between the amount received for jury service and the amount he would have earned working his regularly scheduled day at his straight time rate. Employer contributions to the Funds described in Article 15 – Group Insurance Benefits and Article 16 – Pension must be paid for all hours in which employees are paid for jury duty pursuant to this Article.

14.2 In order to receive such pay from the Employer, the employee must furnish evidence from the Court of such service and the amount paid him by the Court.

Article 15

Group Insurance Benefits

15.1 Effective October 1, 2016 through December 31, 2016:

15.2 For each regular employee in Category “A”, each Employer shall pay to the Boston

Building Service Employees’ Trust Fund (“BBSE Trust Fund”); effective October 1, 2016 $1,006.09 per month. Contributions shall be effective on the first (1st) day following ninety (90) days of the employee’s continuous employment. Effective

January 1, 2017, the employer shall cease contributions to the BBSE Trust Fund and make contributions consistent with Paragraph 15.9.

15.3 Full-time employees who work in buildings in excess of 450,000 square feet in the

Central Business District of the City of Boston who were employed as of September

30, 2012 shall have Health and Welfare contributions made on their behalf of

$1,333.25 per month. This contribution represents a composite rate which will entitle those grandfathered employees in the Central Business District who elect family coverage to receive it without any cost to them. Effective January 1, 2017, the employer shall cease contributions to the 615 Trust Fund and make contributions consistent with Paragraph15.9. For Employers required to contribute to the Building

Service 32BJ Health Fund effective January 1, 2017, the contributions to the BBSE

Trust Fund outlined in the preceding two (2) paragraphs will be redirected to and deposited into the Massachusetts Service Employees Pension Fund. Effective January

1, 2017, contributions to the Massachusetts Service Employees Pension Fund will be as set out in Article 16 – Pension

15.4 The Employer will continue contributions to the BBSE Fund for part-time employees in the Central Business District who received dental and vision coverage at a rate of

$35.00 per month under the prior Agreement through December 31, 2016. In the event a part-time employee who receives this coverage quits or is terminated the

Employer is not obligated to continue this coverage on any newly hired employees.

Effective January 1, 2017, the employer shall no longer make contributions on these employees and eligibility for the benefit shall end. The Employer shall make a payment to each employee who was eligible for the benefit on December 31, 2016 of

$250.00 by January 15, 2017.

15.5 For the period October 1, 2016 through December 31, 2016, the Employer shall pay the monthly rate for an insured employee, while he or she is in the hospital or disabled for a covered illness, for no less than six (6) months, provided that proper medical verification is given to the Employer.

In the event that an employee is scheduled to work more than twenty-nine (29) hours per week for ninety (90) calendar days, the employee shall be entitled to receive

Group Insurance Benefit Fund contributions upon the thirteenth (13th) week as any other regular employee in Category “A”.

15.6 Such monies shall be paid to the BBSE Trust Fund not later than the fifteenth (15th) day of the month for which the contribution is being made.

15.7 The Employer agrees to participate in and abide by the rules of the Boston Building

Service Employees Trust Fund. It agrees to make all required contributions in a timely and complete manner as prescribed by the Trustees and it also agrees to submit required reports of work performed and submit such requested relevant financial books and records.

15.8 The Employer adopts and ratifies the positions taken by the Fund Trustees as its own.

The Employer understands that the Trustees adopt various policies and procedures in administering the Funds and the Employer agrees to abide by all such policies and procedures whether implemented now or sometime in the future. The BBSE Trust

Fund shall be administered by four (4) Trustees; two (2) selected by the Union and two (2) selected by the Employers. Any decision to add to or reduce benefits under this Agreement shall be vested wholly in the Trustees

15.9 Effective January 1, 2017: The Employer agrees to make payments into a health trust fund known as the “Building Service 32BJ Health Fund,” (32BJ Health Fund) under such provisions, rules, and regulations as may be determined by the Trustees, as provided in the Agreement and Declaration of Trust, to cover Category “A” employees covered by this Agreement, and their eligible dependents, to be used toward the Tri-State Plan family health benefit provided by the 32BJ Health Fund.

15.10 The Employer shall make contributions to the 32BJ Health Fund. The monthly contribution to the Health Fund for each covered employee shall be:

Effective January 1, 2017 - $907.00 (90.0 percent of rate)

Effective January 1, 2018 - $ 963.00 (88.5 percent of rate)

Effective January 1, 2019 - $997.00 (85.0 percent of rate)

Effective January 1, 2020 - $1,066.00 (84.2 percent of rate)

15.11 The Employer and the Union recognize that (i) the contributions described in

Paragraph 15.9 are insufficient on their own to provide for the benefit described in

Paragraph 15.8; (ii) that the BBSE Trust Fund has entered into an agreement (the

“inter-fund agreement”) with the 32BJ Health Fund, pursuant to which the BBSE

Health Fund will make additional contributions on behalf of the employees described in Paragraph 15.8 for the purpose of securing for those employees and their dependents the Tri-State Plan family health benefit described in Paragraph 15.8, resulting in those employees being participants in both the BBSE Fund and the 32BJ

Health Fund; (iii) the 32BJ Health Fund’s provision of the Tri-State Plan family health benefit is conditioned upon its receipt of both the contributions described in

Paragraph 15.9 and the additional contributions described in the inter-fund agreement;

and (iv) the terms of the inter-fund agreement may be terminated by either the BBSE

Health Fund or by the 32BJ Health Fund, without cause, upon ninety (90) days prior written notice to the other party. In the event that the agreement is terminated, the

Employer and the Union agree as follows:

1. The requirement in this collective bargaining agreement that the Employer shall remit contributions to the 32BJ Health Fund shall terminate on the date that the obligation of the BBSE Fund to make payment to the Health Fund pursuant to the inter-fund agreement terminates (“the termination date”).

2. On such termination date, the Employer shall commence remitting contributions theretofore required to be made to the Health Fund to the BBSE

Health Fund at the same rate at which such contributions were required to be made to the Health Fund.

3. The Union and the Employer shall recommend to the Trustees of the BBSE

Health Fund that, upon the termination of the inter-fund agreement and the redirection of Employer contributions provided for in Paragraph 2 above, the

Trustees will adopt a new family health care coverage benefit with benefits substantially equivalent to the Tri-State Plan family health benefit described in

Paragraph 15.8.

4. In the event the Trustees of the 615 Fund decline the recommendation by the parties as provided in Paragraph 3 above or otherwise fail to provide for family health coverage for affected employees on or before the termination date provided in Paragraph 2 above, either party may reopen this collective bargaining agreement on the issue of health fund contributions and benefits by providing written notice to the other party.

15.12 Prevailing Wage Accounts: The Employer shall make payments consistent with prevailing wage law. On January 1st and July 1st, the Employer shall measure average hours for the previous six (6) months. An employee who averages over twenty-nine

(29) hours per week shall be eligible for family health insurance for six (6) months beginning with the next full month. An employee who averages between twenty (20) and twenty-nine (29) hours per week shall be eligible for single health insurance for the next six (6) months beginning the next full month. An Employee who averages between fifteen (15) and twenty (20) hours shall be eligible for Part-Time Plus Wrap

Around Coverage. An employee who averages less than fifteen (15) hours shall not be eligible for health insurance unless they remain eligible from a previous measurement period.

Article 16

Pension

16.1 Each Employer shall pay to the Massachusetts Service Employees’ Pension Fund

(“Pension Fund”) fifty ($0.50) cents per hour (up to a maximum of 2,080 hours per year, exclusive of overtime) for each Category “A, ” “B,” and “C” employee, effective on the first day of the month following one hundred eighty (180) days of continuous employment. Effective January 1, 2019, the contribution rate for Category

“A” employees is increased to fifty-five ($0.55) cents per hour. Effective January 1, 2017, the Employer shall contribute for all hours worked.

16.2 The signatory Employer agrees to participate in and abide by the rules of the

Massachusetts Service Employees Pension Fund. It agrees to make all required contributions in a timely and complete manner as prescribed by the Trustees and it also agrees to submit required reports of work performed and submit such requested relevant financial books and records.

The signatory Employer adopts and ratifies the positions taken by the Fund Trustees as its own. The Employer understands that the Trustees adopt various policies and procedures in administering the Fund and the Employer agrees to abide by all such policies and procedures whether implemented now or sometime in the future.

16.3 Contributions to the Pension Fund shall be paid no later than the twentieth (20th) day of the month following the month for which the contribution is being made. When the Trustees of the Pension Fund determine that a contractor is negligent in his payments, then they can impose a bond or cash surety in the amount of the

Employer’s monthly contribution, but in no event should such bond or cash surety be less than $2,000.00.

Article 17

Training Fund

17.1 The Employer shall contribute four ($0.04) cents per hour for each hour worked to a maximum of forty (40) hours per week on behalf of all Category “A”, “B” and “C” employees to the SEIU New England Property Services Training Fund. Effective

January 1, 2017 the contribution shall be six ($0.06) cents per hour worked and the forty (40) hour week cap shall be eliminated. Effective January 1, 2019, the contribution shall be eight ($0.08) cents per hour worked. The Fund shall be a multi-employer Taft Hartley Fund and will have Management and Union Trustees who will oversee the operation and activities of the new Trust Fund.

Article 18

Maintenance Contractors Trust Fund

18.1 The Employer shall continue to contribute two ($0.02) cents per hour for each hour worked to a maximum of forty (40) hours per week on behalf of all Category “A”, “B” and “C” employees to a Maintenance Contractor Trust Fund. Effective January

1, 2017, there shall be no forty (40) hour cap on contributions. Effective January 1, 2020, the Employer shall contribute three ($0.03) cents per hour. The Fund shall be a multi-employer Taft Hartley Fund and will have Management and Union Trustees who will oversee the operation and activities of the Trust Fund.

Article 19

Legal Services Fund

19.1 The Employer shall make contributions to the Building Service 32BJ Legal Services

Fund to cover Category “A”, “B”, and “C” employees covered by this Agreement with such benefits as may be determined by the Trustees of the Fund. Effective

January 1, 2017, the rate of contribution to the Legal Fund shall be eight ($0.08) cents per hour worked for each eligible employee, payable when and how the Trustees determine. Effective January 1, 2018, the rate of contribution shall be sixteen ($0.16) cents per hour worked for each eligible employee, payable when and how the

Trustees determine.

Article 20

Provisions Applicable to 32BJ Health Fund, Training Fund, Pension, Maintenance, and 32BJ Legal Fund

20.1 Unless otherwise specified in this Agreement, newly hired employees shall have a waiting period of ninety (90) days before becoming eligible to be participants in the

Funds, and no contributions shall be made on behalf of newly hired employees during the ninety (90) day period.

20.2 If the Employer fails to make required reports or payments to the Funds, 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.

20.3 If the Employer is regularly or consistently delinquent in Fund payments, the

Employer may be required, at the option of the Trustees, to provide the appropriate

Trust Fund with security guaranteeing prompt payment of such payments.

20.4 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. The Trustees of the Funds shall make such amendments to the Trust Agreements, and shall adopt such regulations as may be required to conform to applicable law.

20.5 Hours that are paid on overtime, holidays, vacations, sick pay, and jury duty are to be considered hours worked for purposes of Pension, Maintenance, Legal, and Training

Funds.

Article 21

Travel Time and Travel Expenses

21.1 Any employee shall be compensated for travel time at a rate of not less than that of his classification and shall be reimbursed for all transportation expenses.

21.2 Travel time and travel expense shall be deemed payable to an employee only when he is traveling between the Employer’s office and point of operation or between points of operation.

Article 22

Uniforms

22.1 Uniforms which employees may be required to wear shall be furnished by the

Employer, and no deduction shall be made on account thereof. It shall be a presumption that uniforms worn by the employees of any establishment are worn as a condition of employment if such uniforms are of similar design, color or material, or form part of the decorative pattern of the establishment or distinguish the employee as an employee of the concern. Any employer's badge or identification if required as a condition of employment shall be considered part of the uniform. Female employees will be provided smocks as uniforms where required by the Employer.

22.2 The Employer shall launder, clean and maintain such uniforms without cost to the employee.

22.3 No deposit shall be required by an Employer from any employee for a uniform or for any other purpose.

22.4 Adequate foul weather gear shall be provided by the Employer as needed. In the event that employee loses the provided gear, then he shall be responsible for its replacement value.

Article 23

Workers’ Compensation

23.1 The Employer agrees to cover the employees under the Massachusetts Workers’

Compensation Law on a non-contributory basis, whether or not such coverage is mandatory. For the period, October 1, 2016 through December 31, 2016, the

Employer shall continue to pay its portion of health insurance premiums for the first six (6) months an employee is unable to work due to a compensable injury covered under the Workers’ Compensation Law.

Article 24

Government Contracts

24.1 Notwithstanding any other provisions of this Agreement, the wage rates, benefits and conditions of employment for services performed pursuant to Contracts with any agency, department or division of the United States Government or for services performed in any premises leased and rented by any such agency, department, or division shall be at least the wage rates, benefits, and conditions of employment established by the secretary of Labor. Said rates, benefits, and conditions of employment shall apply only to the premises stated in this Article. Employees shall receive at least the minimum raises per Appendix “A”.

24.2 Employees employed at buildings covered by the Massachusetts Prevailing Wage

Law shall receive not less than the wage rates and benefits required by the Prevailing

Wage Law. Employers will bid for that work in accordance with those requirements.

Article 25

No Discrimination

25.1 There shall be no discrimination, restraint or coercion by either the Employer or its representatives or the Union or its representatives against any employee because of his or her membership or non-membership and participation or non-participation in the Union or its activities.

25.2 The parties agree that neither shall discriminate against any employee on the basis of race, sex, religion, age, national origin, physical or mental disability, sexual orientation, or veteran status and in addition neither party shall sexually harass – as that term is defined under applicable law – any employee. The parties further agree that an employee who chooses to pursue any claims arising under Title VII of the Civil Rights

Act, the Americans with Disabilities Act, the Age Discrimination and Employment

Act, Massachusetts Fair Employment Practices Act and/or any discrimination claims arising under any similar local, state or federal rules, statutes and/or regulations

(“discrimination claims”) shall do so in accordance with this Article.

25.3 The employee may, at his or her election, pursue such discrimination claims either (1) through the grievance and arbitration procedure (Article 41) or (2) through any other forum available at law, including, but not limited to, any state or federal court action and/or any state or federal fair employment practices administrative agency. Once an employee has pursued in any forum a particular discrimination claim, or related claim, such forum shall be the sole and exclusive forum for such claim. Arbitrators shall apply appropriate applicable law in rendering decisions regarding discrimination claims and may award damages as provided for by such applicable law.

25.4 It is the intent of the parties to prevent, through this Article, unnecessary litigation of disputes in multiple forums and to encourage the consolidation of proceedings into a single forum.

Article 26

Seniority

26.1 The Employer recognizes the principles of seniority for employees covered by this

Agreement when qualifications such as ability and performance are considered relatively equal by the Employer. The Employer will give preference in cases of layoffs, rehirings, promotions and demotions to employees by applying the principles of seniority either to the Company or to a building as the Employer deems necessary in the interest of better management.

26.2 Seniority shall be lost under the following circumstances:

1. Continuous lay-off for a period of nine (9) months or more.

2. Resign or voluntary quit.

3. Discharge for just cause, including:

c. Discharge for three (3) consecutive days of absence without notifying the Employer.

d. Discharge for failure to return from lay off within seven (7) days of written notice.

4. Absence for substantiated illness for a period of more than one (1) year.

26.3 Pursuant to the provisions of Article 45 – Immigration, an employee who provides valid documentation and is rehired by the Employer within nine (9) months of their discharge will not lose their seniority.

26.4…