2017_CBA_-_Maint_Oct_2017-2020_Highlighted_Language2_(1).pdf

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

INTERNATIONAL UNION OF OPERATING

ENGINEERS LOCAL 926, AFL-CIO

AND

KHERIMBA FACILITY SERVICE LLC.

SAM NUNN FEDERAL BUILDING

(Maintenance Work)

October 1, 2017 through September 30, 2020

6/26/2017

TABLE OF CONTENTS PAGE NO.

ARTICLE 1 PARTIES TO AGREEMENT 2

ARTICLE 2 RECOGNITION 2

ARTICLE 3 PURPOSE AND INTENT 2

ARTICLE 4 DUES CHECK-OFF AND AUTHORIZATION FORM 2

ARTICLE 5 RIGHTS OF MANAGEMENT 3

ARTICLE 6 NO STRIKE, NO LOCKOUT 5

ARTICLE 7 BARGAINING UNIT WORK 5

ARTICLE 8 SAFETY 5

ARTICLE 9 BULLETIN BOARDS 6

ARTICLE 10 WORK RULES 6

ARTICLE 11 SENIORITY 6

ARTICLE 12 RECALL 7

ARTICLE 13 LEAVE OF ABSENCE 7

ARTICLE 14 SHOP STEWARDS AND UNION BUSINESS REPRESENTATIVES 8

ARTICLE 15 DISCIPLINE 9

ARTICLE 16 GRIEVANCES 9

ARTICLE 17 ARBITRATION 10

ARTICLE 18 HOURS OF WORK AND OVERTIME 10

ARTICLE 19 TEMPORARY TRANSFERS 11

ARTICLE 20 PAID HOLIDAYS 12

ARTICLE 21 VACATIONS 12

ARTICLE 22 WAGES 13

ARTICLE 23 NONDISCRIMINATION 14

ARTICLE 24 CALL-IN PAY 14

ARTICLE 25 REPORTING PAY 14

ARTICLE 26 HEALTH AND LIFE INSURANCE PROGRAM 14

ARTICLE 27 CHANGE OF EMPLOYEE ADDRESS 16

ARTICLE 28 PAJD SICK LEAVE 16

ARTICLE 29 SAVINGS CLAUSE 16

ARTICLE 30 UNIFORMS 16

ARTICLE 31 COMPASSIONATE LEAVE 17

ARTICLE 32 JURY DUTY 17

ARTICLE 33 GENERAL AND MISCELLANEOUS 17

ARTICLE 34 DURATION OF AGREEMENT 18

Article 1

PARTIES TO AGREEMENT

1.1 This Agreement, made and entered into the day of October 1, 2017, and effective as of

October I . 2020, made and entered into effective the 1st day of October, 2017 between KHERIMBA

FACILITY SERVICE. LLC hereinafter referred to as the Employer and International Union of Operating

Engineers, AFL-CIO. Local 926 hereinafter referred to as the Union.

1.2 The parties' signatory hereto recognizes this Agreement as binding upon the Employer and the

Local Union signatory hereto, for all Maintenance employees of the Employer and employed at the Sam

Nunn Building, located at 61 FORSYTH ST SW, Atlanta Ga.30308.

ARTICLE2

RECOGNITION

2.1 The Employer recognizes the Union as the sole and exclusive representative for the purpose of bargaining with respect to wages, hours, and other terms and conditions of employment for all employees in the following bargaining unit.

2.2 The bargaining unit shall consist of all full-time and regular part-time Maintenance employees, badge techs. general maintenance workers, fire alarm monitor, dispatch, HVAC Mechanics, maintenance electricians, maintenance painters and lead persons, but excluding office clerical employees, professional employees, guards and supervisors as defined in the Act.

ARTICLE3

PURPOSE AND INTENT

3. I It is the intent and purpose of the Employer and the Union to set forth herein the entire Agreement with respect to wages, hours and conditions of employment covered by this Agreement. Further, it is the intent of the Parties to secure maximum production of the employees; and to provide a fair and prompt grievance procedure for the peaceful settlement of grievances; and to provide that there shall be no interruption and impeding of operations during the term of this Agreement.

ARTICLE4

DUES CHECK-OFF AND AUTHORIZATION FORM

4.1 Upon presentation to the Employer of a signed check-off authorization form signed by an employee on the wage assignment form printed below or any such form normally used by the Union, the

Employer will deduct from the wages due such employee for each month, the amount of the Union dues of

I-hour straight time wages plus international per capita per month effective October 1, 2014 (and initiation fee, as appropriate) uniformly required as a condition of acquiring or maintaining Local Union membership.

The monthly dues will be divided into two (2) equal deductions. The amount of bi-weekly dues and the amount of the initiation fee shall be fixed by the Union in accordance with the Constitution and by-laws of the Local Union and shall be certified to the Employer by the Financial Secretary and the Local Union as being so fixed.

4.2 The wages deductions referred to in Section I of this Article will be remitted monthly by check made payable to the Local Union within 20 days following the month in which such deductions are made.

Together with the monthly check, the Employer will forward a list of the employees for whom the deductions have been made.

4.3 A check-off authorization or revocation shall become effective on the first day of the pay period following the week in which it is delivered to the Employer.

4.4 In the event that the Local Union shall inform the Employer of the omission of a dues or initiation fee deduction as to a particular employee for whom a wage assignment form was timely filed, the deductions shall be made out of the next bi-weekly earning of adequate amount for that employee following the notice from the Local Union, as long as no revocation letter was timely filed.

4.5 The Local Union shall indemnify, defend and hold harmless the Employer against any and all claims, liabilities or costs arising out of the administration of the Article.

4.6 The dues authorization and assignment is made pursuant to Section 302 of the National Labor

Relations Act, as amended, and is in full force and effect to the extent permitted by the Act.

4.7 For the purpose of this Article, wage assignments shall be in the following form or a substantially equivalent form:

I hereby authorize and request my employer, KHERIMBA FACILITY SERVICE LLC to deduct an initiation fee and such amount of money equal to monthly Union Dues as may be from time to time certified to the Employer by Local Union No. 926 I.U.O.E., in equal bi-weekly/monthly amounts, for each bi• week/month I am compensated and to forward such deduction to the Financial Secretary of the Local Union herein above designated. Bi-weekly deductions shall be included in the month in which the week ended.

A onetime initiation fee of fifteen ($15.00) dollars to be deducted on the first payroll of the period I began my employment.

The dues shall be $11.25 plus one (1) hour wages per month on biweekly deductions effective October 1, 2014 and shall increase by only by proper notification from the Union should the International increase per capita after 2014, the increase will be added to this contract.

DATE: _

SIGNED:

ARTICLES

RIGHT OF MANAGEMENT

5.1 Except as specifically limited by the express language of this Agreement, the Employer has and retains exclusively to itself, all rights in the exercise of the functions of Management, including, but not limited to the following rights: To manage and operate its business facilities: to direct its employees: to direct: plan: and control all operations: to establish and/or change existing methods, productivity standards, materials, equipment, facilities and accounting methods; to determine what products shall be handled or distributed and service or work performed as its facilities or by employees covered by this Agreement and/or where they shall otherwise be handled or services and/or work performed to utilize suppliers; to test, select and hire employees and assign them to work as needed; to establish hours of work; to transfer, promote and demote employees, to suspend, discipline and discharge employees for just cause or relieve them from duty for lack of work or for other proper reasons; and to establish and enforce rules and regulations not in violation of this agreement relating to the operation and maintenance of the above referenced facility and to employee conduct. The above management rights may not be exercised in violation of any provision of this Agreement.

5.2 The Employer agrees that it will not subcontract any routine operational or maintenance work normally performed by bargaining unit employees, without prior written notice to the Labor Union. With regard to any other work, the Employers reserves to right to contract or subcontract out such work provided the assignment of this work is not used for the purpose of undermining the Union or to discriminate against its members.

5.3 Without limiting the provisions of Section 5.1, but in order to clarify some of the more important rights retained by management, the Employer shall have the following management rights unless they conflict with some other provision of this agreement:

a) Establish new jobs, abolish or change existing jobs, and increase or decrease the number of jobs and employees in the work force; and determine what services it shall perform consistent with safety, health and sustained effort.

b) Determine the type or types of equipment and machinery to be used and when it is to be operated.

c) Determine the qualifications for new employees and hire new bargaining unit employees as well as supervisory and clerical employees. In the event the federal, state or city government unilaterally change any qualifications for any jobs, current or new employees will be required to satisfy those requirements and the Employer will take reasonable action to assist the employee in meeting the qualifications.

d) Establish as many shifts as the Employer shall, in its discretion, deem adequate to meet its requirements and to assign employees to particular shifts.

e) Maintain order and efficiency of its operation.

f) Determine the amount of work to be performed during the employee's regular workday and require that all work be performed in satisfactory and workmanlike manner consistent with safety, health and sustained effort. It is understood there shall be a fair days' work for a fair days' pay.

g) Determine when overtime shall be worked and schedule overtime, when necessary, in accordance with the needs and the type of work required.

5.4 The Employer reserves and retains in full and completely any and all management rights, prerogatives and privileges, except to the extent that such rights, prerogatives and privileges are especially limited by some express provision in this Agreement.

5.5 The Employer may assign to an employee any work which the Employer feels he is capable of performing, wherever and whenever it is reasonable to do so in the opinion of the Employer. When an employee is required to work out of his normal job classification, he will be compensated the rate of pay applicable to the job classification in which he is performing work or his regular rate, whichever is higher.

5.6 The parties agree that the Employer can direct employees to take any reasonable action required for the Employer to meet its obligations under its contract with the Government. The Employer may conduct reasonable cause and post-accident drug testing of its current employees.

5.7 The Employer will require employee attendance and involvement in quality circle and safety meetings and programs and the Union acknowledges that there may be compensation paid to employees as recognition for ideas and cost saving recommendations in these areas. This Agreement will not preclude the Employer from making these payments at management's discretion. If employees are required to attend any meetings set in this Section, the employees shall be compensated for this time.

ARTICLE 6

NO STRIKE NO LOCKOUT

6.1 No Strike. During the term of this Agreement there shall not be, nor shall the Local Union, its agents, or members, for any reason, authorize, institute, engage in; a strike, a work slowdown, or work stoppage, relating to the Employer's facility located at 61 Forsyth Street Atlanta Ga. 30308.

6.2 No Lockout. During the term of this Agreement, the Employer shall not lockout employees covered by this Agreement.

ARTICLE7

BARGAINING UNIT WORK

7.1 Persons who are not covered by this Agreement shall not perform any routine operational or maintenance work or operation normally performed by an employee covered by this Agreement except;

(I) in an emergency; (2) in giving instructions to employees; (3) checking the work of employees; (4) when testing and/or developing new equipment or processes; or (5) as a result of acts of God or other such conditions beyond the control of the Employer. If required under operational necessity to meet its obligations under its contract with the government, supervisory and management employees may perform any work covered by this agreement provided that the assignment of this work is not used for the purpose of undermining the Union or discriminating against its members.

ARTICLES

SAFETY

8.1

8.1 The Employer shall provide all protective clothing and/or equipment required by any government authority (OSHA). If required by OSHA or the GSA, the Employer shall provide said employees One

Hundred Dollars ($100.00) per year for safety boots.

8.2 The Parties agree that the employees must comply with all applicable regulations pertaining to safety and dress standards.

ARTICLE9

BULLETIN BOARDS

9.1 The Employer agrees to allow the posting of notices of Local Union business and meetings on existing bulletin boards at those places where Union members are routinely working. However, it is agreed that such posting shall not be made in violation of G.S.A. rules.

ARTICLE 10

WORK RULES

I 0.1 The Employer may establish work rules not in violation with the terms of this Agreement. The

Employer will provide a copy of the rules it proposes to put into effect to the Union, for information or discussion, as soon as possible. Response from the Union pertaining to any or all proposed rules must be received by the Employer within five (5) calendar days from the time they are received by the Union. The decision of putting work rules into effect rest solely with the Employer. The reasonableness of any rule may be challenged through the grievance and arbitration procedure. Any grievance protesting such rule must be filed within seven (7) calendar days of the posting of the rule. In the event that the Union or employees do not protest such rules they shall become final and binding. Copies of work rules will be permanently posted in work areas.

ARTICLE 11

SENIORITY

11.1 Seniority is measured by the employee's total length of continuous service at The SAM NUNN

FEDERAL BUILDING. An employee must work 90 calendar days as a probationary period, after the successful completion the employee shall gain seniority and his seniority date shall be the first day he/she worked. After January 1 st

, the employee's original hire in date shall not be used for the purpose of vacation accrual. Seniority for employees hired on the same date will be determined by the alphabetical order of the employee's last name. A probationary employee shall have no seniority rights and the Employer may layoff such employees if it finds necessary or discharge such employees as it finds necessary. Probationary employees shall have no recourse to the grievance and arbitration procedures of the contract.

Seniority shall be terminated by:

(1) Voluntary termination of employment or retirement by the employee;

(2) Discharge for cause;

(3) Failure to respond to notice of Recall as set forth in this contract;

Any employee with seniority who is absent for less than six (6) consecutive months because of illness, job related injury, or layoff shall continue to accrue seniority during such absence.

11.2 Within thirty (30) days after signing this Agreement the Employer shall post in a conspicuous place, and shall mail to the Local Union a list of the employees covered by this Agreement arranged according to their seniority. Protests to any employee's position on such list must be made in writing to his/her supervisor. Upon any correction, the corrected list will apply.

11.3 Seniority, within regular classification, shall be the determining factor in matters affecting reduction in force, promotion, demotion, recall, transfer and the filling of vacancies provided the senior employee possesses the ability to perform the job. For the purpose of this Agreement "ability to perform the job" is defined as having acquired the proficiency to do that type of work productively.

l l .3(a) Promotions to mid-management positions shall be offered to the bargaining unit before outside applications are considered.

11.4 Reduction in Force. In order for a senior employee to displace a less senior employee as a result of a reduction in force, the senior employee must:

(I) Within their classification:

a) Demonstrate his/her ability if necessary, to perform the work of the less senior employee.

(2) Outside of their Classification:

(a) Request such action.

(b) Demonstrate his/her ability to perform the work in question with proficiency.

11.5 Transfers and Permanent reassignments/vacancies:

A. For the purpose of this Article, "permanent" is defined as those cases where the job and position are expected to be ongoing in nature.

B. The Employer will post vacancies on the bulletin boards in all work areas, the supervisors will make the employees aware of the vacancies. Within five (5) working days of the posting of the vacancy, all interested employees may sign up requesting that they be considered for the job. The

Employer will then, within ten (I 0) days of the posting, award the position as follows:

C. Individual positions/Transfers. The Employer agrees to award to the most senior qualified employee who will then demonstrate his/her proficiency in accordance with Section 4 above

(Reduction in Force).

D. If as a result of the posting there is not a qualified person to fill the position, the Employer can select anyone it desires.

E. If is understood that this Article is limited to the employer's location at 61 Forsyth Street Atlanta

Ga. 30308.

ARTICLE 12

RECALL

12.1 A laid-off employee shall be given at least seven (7) days notice of recall. The Employer shall send a certified letter (return receipt required) to the employee at his/her last known address or the address the employee has stated he/she can be reached in event of recall. Upon receipt of this letter the employee must report for work within seven days of receipt of the letter. It is the responsibility of the employee to keep the Employer informed of their correct address and phone number.

12.2 In the event that the employee fails to return from recall, the employee shall lose all seniority rights under this Agreement, except when the Employer has granted permission for a delay in reporting. Loss of seniority and recall rights will not occur where there is a verifiable reason beyond the control of the employee for the delay in reporting. Said employee shall not, however, bump another recalled employee but would be eligible for subsequent recall.

ARTICLE 13

LEAVES OF ABSENCE

13.1 Personal Reasons. The Employer may, in its sole discretion, allow an employee a personal leave of absence if requested in writing of up to six ( 6) months without pay and benefits. Provided that a requested leave of absence for personal reason will not interfere with the efficient operation of the Employer's business, the Employer will not unreasonably deny a request for such leave.

13.2 Military Leave. Any employee who enters the Armed Forces of the United States shall have the right to reinstatement in his/her former job and other re-employment rights in accordance with applicable

Federal Law.

13.3 Procedure Upon Return. If upon the expiration of this leave of absence, the employee would have been laid off in accordance with the application of this Agreement notwithstanding his/her leave of absence, the employee shall go immediately on layoff. If layoff is not appropriate, and if the employee returns on the expiration date of his/her leave, the employee shall be placed in his/her previous job, or in a comparable job, provided he/she is qualified to perform such job.

13.4 Outside Employment Exclusion. A leave of absence will not be granted and shall not be used to enable an employee to try for or accept employment elsewhere or for self-employment.

13.5 Union Business. Any employee who may be elected an officer, or appointed a delegate to represent the Union shall be granted a leave of absence not to exceed one year without pay and benefits. The Union shall give the Employer written notification no less than five (5) working days prior to the leave of absence.

This notification shall provide the name(s) of the person(s) involved and the probable start and stop dates of the leave of absence.

13.6 The Employer will, upon written application, grant a leave of absence without pay and benefits for a period of not to exceed twelve (12) months for illness or injury that prevents the employee from working.

The employee will be required, as soon as possible, to substantiate his/her reason for his/her inability to work and the anticipated time that he/she will be absent from work. The Employer must be notified of any extensions of absence beyond the date initially given and the expected new date of return to work.

13.7 The Employer agrees to comply with all of the requirements of the Family and Medical Leave Act effective upon the effective date of the Act.

ARTICLE 14

SHOP STEWARDS AND UNION BUSINESS REPRESENTATIVES

14.1 Authorized representatives of the Union shall have access to the work area where employees covered by the Agreement are employed for the purpose of investigating and adjusting employee complaints or conducting related Union business, providing that prior notice is given to the Employer and providing they do not interfere with the Employer's employees, customers, (GSA) employees, or cause them to neglect their work or interferes with maintenance of discipline, and further provided such Union representative complies with all customer (GSA) rules. The Employer will assist the Union in obtaining the necessary badges and entry passes for entry to the facility.

14.2 Employees may be represented by one steward on each shift, whose identity shall be confirmed to the Employer in writing. The steward, for reasonable periods, during his working hours, without loss of pay, may investigate and present grievances to the Employer, after arrangements have been made with the

Employer, which arrangements shall not be unreasonably withheld. This right shall not be abused by the stewards. The steward shall be required to post his/her daily or weekly time ticket for the amount of time so spent.

14.3 Any new employee shall be introduced to the steward before starting to work. The Union shall within the employee's first week of employment be supplied of the following information: name, address, social security number, classification, job location and shift assignment.

14.4 During his term in office, the steward shall be deemed to head the seniority list for the purpose of shift preference, lay-off and recall only, provided he is qualified to do the required work. Upon termination of his term if not renewed, he shall be returned to his regular seniority status.

14.5 The steward may be required by the Union to attend negotiation meetings. All negotiation sessions, if attended by the steward must be scheduled at times other than during the steward's normal work hours.

The steward will not be paid by the Employer, for his attendance at these meetings.

ARTICLE 15

DISCIPLINE

15.1 No employee shall be discharged or disciplined without just cause, nor in a manner nor for any reason which violates the terms and conditions of this Agreement. The employees may seek proper recourse under the grievance procedure if he/she feels he/she has been unjustly disciplined.

15.2 The Employer will provide the employee and the shop steward with a written explanation as to any and all disciplinary actions taken against the employee within one (I) workday of the action.

15.3 All employees are expected to be at their assigned work stations, ready to work, on time, at the time specified for the beginning of their shift, and to remain at their work until the end of their assigned shift, or until specifically relieved by their Project Manager or Supervisor in the absence of the Project Manager.

The Union agrees, that to better serve the customer (GSA) and the contractor, every effort should be made to be at work on time every day. Should late arrivals occur, it will be dealt with in accordance with Company rules, not to conflict with the terms of this Agreement.

ARTICLE 16

GRIEVANCES

16.1 Purpose. Any dispute regarding the interpretation and/or application of this Agreement and any charge of violation of this Agreement may be resolved through the grievance procedure. The time frames referred to in this Article may be extended by mutual consent of the Employer and the Local Union.

16.2 Grievance Procedure. Grievances shall be raised and processed while facts and recollections are still fresh and available. All grievances must be presented within five (5) working days, (excluding

Saturdays, Sundays, and Holidays) after the event giving rise to the grievance becomes known, or reasonably should have been known, to the affected party or parties. The procedure for discussing and settling a grievance shall be as follows:

Grievances shall be on a form provided by the Local Union and shall state a description of the Act, which is allegedly in violation of the Agreement, and the remedy sought.

Step One The grievant shall discuss his/her grievance with his/her immediate Project Manager specifically telling the Project Manager that this may be a subject for the second step process of the grievance procedure. The grievant may bring his/her shop steward (assistant shop steward) if the grievant so desires. If this discussion does not resolve the matter, the Project Manager shall give his/her answer to the employee by the end of the second working day following the day of the oral discussion.

Step Two The Step One answer shall settle the grievance unless the grievance is placed in writing and delivered to the Employer's Project Manager within five (5) working days after the day on which the

Step One answer was given. The written grievance shall state the facts of the grievance if any, that are claimed to have been violated. The Employer Project Manager shall meet with the Shop Steward, the aggrieved and witnesses promptly to discuss the grievance and any settlement arrived at shall be reduced to writing and signed by both parties. The Project Manager's Step Two answer shall be given in writing to the shop steward within five (5) working days following the day of the meeting.

Step Three The Step Two answer shall settle the grievance unless it is appealed to the Human Resource

Manager of Kherimba Facility Service LLC within five (5) days of the Shop Steward's receipt of the Step

Two answer. Any settlement arrived at shall be reduced to writing and signed by both Parties. If no settlement is achieved, the Employer's Step Three answer shall be given in writing to the Union Authorized

Representative within five (5) working days following the day of the meeting.

16.3 The Shop Steward shall be paid at his/her regular straight time hourly rate for all time actually spent in processing a grievance(s). Each grievant and witness shall be paid at his regular straight-time hourly rate for all time actually spent in Steps One, Two or Three of this Article. The Union will hold the number of its witnesses to the minimum needed to present its case, pursuant to paragraph 14.2

16.4 Any grievance which is not carried by the Union to the next step of the grievance procedure within the time prescribed shall be deemed to be abandoned and no further claim for adjustment of such grievance shall be made.

ARTICLE 17

ARBITRATION

17.1. The Union may appeal a grievance to arbitration by giving written notice to the Employer within thirty (30) calendar days of the Employer's Step Three answer. After such notice has been given, either

Party may request the Federal Mediation and Conciliation Service to submit to a list of five (5) potential arbitrators. Each shall strike one (l) name during their turn and the remaining name shall be the arbitrator.

17.2 The arbitrator shall promptly schedule a hearing in the general area of the work site where the grievance arose, at which each party shall have the right to present evidence, examine and cross-examine witnesses, make a record, and file written arguments.

17.3 The arbitrator shall not add to, subtract from, or ignore the express terms of this Agreement. Nor shall the arbitrator have the power to allow any claims for wages for time not worked directly or indirectly due to a stoppage of work or other labor disturbances in violation of this contract.

17.4 The arbitrator must state his/her decision in writing. The arbitrator's duly rendered decision shall be final and binding on the Employer, the Union and all employees.

17.5 The fees and expenses of the arbitrator and the hearing room shall be shared equally by the Employer and the Union. All other expenses shall be borne by the party incurring them.

ARTICLE 18

HOURS OF WORK AND OVERTIME

18.1 The workweek shall commence at 12:01 A.M. on Monday and end the following Sunday at 12:00 mid-night. A regular full-time employee's normal workday shall consist of eight (8) consecutive hours, exclusive of lunchtime. A regular full time employee's normal workweek shall consist of five (5) consecutive eight hour days Monday through Friday. An employee will not be required to take-off a day in his/her normally scheduled work week, then required to work on the weekend for the avoidance of overtime pay. This will not restrict the Company from creating a different shift when directed to by the Government.

18.2 When an employee is required to work and works in excess of forty (40) hours in a workweek, such work shall be classified as overtime and paid for at the rate of one and one-half

(1-1/2) times his/her regular straight-time hourly rate.

18.3 Work performed on the seventh (7) actual day worked by an employee in a work week shall be paid at double the straight time rate. This double time rate can only be applicable and paid in a circumstance where an employee has worked in any given work week, Monday, Tuesday, Wednesday, Thursday, Friday, Saturday and works Sunday, where Sunday is the seventh (7'h) consecutive day worked in the work week.

In order to meet operational or maintenance needs, or in case of emergency, employees may be required to work overtime.

18.4 All full time employees shall receive a minimum of a one-half (1/2) hour unpaid lunch period. Any employee who is required to work during his/her lunch period and who so works shall receive one and one-half his/her straight-time hourly rate for that period.

18.5 The Employer will make overtime available among those employees who normally perform the tasks for which overtime is required, and then by seniority insofar as practical among other qualified employees as determined by the Employer.

18.6 Each full time employee is entitled to one fifteen (15) minute break time in the first half and one fifteen (15) minute break time in the second half of his/her shift. The Employer has discretion to allow a "break" at the same time as other employees or at staggered intervals during the shift. The Employer shall allow a reasonable amount of time as determined by the shift supervisor for wash-up period, including gathering equipment and winding down from shift, at the end of their shift for all employees.

18. 7 In the computation of overtime hours paid, Holidays shall be counted as hours worked.

18.8 The Employer has the right to change the days and/or how a person will work during a work week provided that the employee is given at least one week's advance notice of the change.

A shift differential wage of .20 cents for the second shift and .30 cents for the third shift will be paid when the shift is established for 3 days or longer. Management shall not make such changes in order to discriminate against an employee due to his Union activity.

ARTICLE 19

TEMPORARY TRANSFERS

19.1 An employee who is temporarily transferred to a job classification carrying a rate of pay higher than his/her regular classification shall receive the rate of pay applying to the temporary job for all time worked in that temporary job. If an employee is temporarily transferred to a classification carrying a lower rate of pay, the employee shall continue to receive his/her regular rate of pay.

ARTICLE 20

PAID HOLIDAYS

20.1 The following are the paid holidays for purposes of this provision:

New Year's Day

Martin Luther King's Birthday

President's Day

Memorial Day

Independence Day

Columbus Day

Veteran Day

Thanksgiving Day

Christmas Day

Labor Day

On days in which the U.S. Government closes a facility for all or part of the days, employees covered under this Agreement may be released from work and receive Straight Time Pay for said hours, provided that the

U.S. Government authorizes said pay.

20.2 Holiday Pay Not Worked. A full time employee who does not work on a holiday listed in Section l above shall be paid holiday pay of eight (8) hours at his regular straight-time rate. In the event, an employee is a part-time employee, the employee shall receive holiday pay calculated on four (4) hours of straight time pay.

20.3 An employee will not be eligible for holiday pay that is out on unpaid leave, laid off or otherwise not on the active payroll. The Employer reserves the right to limit the number of employees that are out on personal leave at the same time.

20.4 Work on Holiday. An employee who works on a shift which begins on a paid holiday shall be paid at a rate of time and one-half (1 1/2) his applicable straight-time hourly rate of pay for hours actually worked on the paid holiday (plus the holiday pay to which he is otherwise entitled for hours not worked on the paid holiday).

20.5 Holiday Falling Within a Vacation. An employee shall receive the holiday pay for each holiday listed in Section 1 of this Article which occurs while the employee is on an approved vacation, as provided in this Agreement, or an extra day off with pay at the option of the Employer.

20.6 Holidays will be observed on the day established by the Federal Government.

ARTICLE21

VACATION

21.1 Length of Service Determination. Length of service for vacation shall be determined as of an employee's seniority as of January 1 st of each calendar year. All vacation must be used by December 31 st of each year. In no event may an employee carry vacation entitlement into the next calendar year unless agreed to by the Company and employee. Any unused vacation shall be paid out by January 31 of the following year.

January 1 will be the employee's new anniversary date for the purpose of vacation accrual only.

21.2 Vacation Pay. Eligible employees shall receive paid vacations and vacation accrual in accordance with the following table:

Number of Full years of service

As of January 1 s t of each year

Continuous Employment Less than 1 year

After 1 year

Vacation Entitlement for the Calendar year

January 1 s t through December 3 1

Pay Allowance

O hours

80 hours

After 8 years

After 15 years

After 20 years

120 hours

160 hours

200 hours

21.3 Payment of Vacation Pay. Vacation pay shall be paid to the eligible employee in conjunction with his/her normal pay day provided one week's advance written notice is given to the Employer. The amount of such pay for each week of vacation shall be the employee's regular straight-time hourly rate at the time the vacation is taken. With regard to part-time employees, such vacation pay shall be prorated based on the average weekly hours of work for both full-time and part-time employees. Employees who are out of work due to a job related injury or illness which is classified as such under Workman's Compensation shall continue to accrue vacation for up to six (6) months.

21.4 After one full year of employment, an employee who is terminated or quits shall be paid for all earned but unused vacation to which he/she is entitled to the 1st day of the month in which separation from employment occurred.

21.5 All vacation entitlement may be chosen by the employee, subject to the approval of the Employer.

Employees must work one year before qualifying for vacation. Upon completion of one year of service they will have a prorated vacation period for the balance of the calendar year in which they attain one year of credited service. (1/12th per month of service until the following January). The following January 1 st they will accrue a full allotment of vacation.

21.6 In the event there is a successor contractor, any/all un-used vacation and sick days, will be paid out by the predecessor contractor in full before the successor contractor begins work. In this case, when vacation and sick days are paid out, there will be no vacation entitlement or sick days given by the successor until January 1 s t the following year.

ARTICLE 22

WAGES and PAYDAY

22.1 It is understood that no employee shall suffer, by the execution of this Agreement, a wage reduction.

22.2 The following hourly wage rates shall be effective the first full pay period on or after the dates indicated once successfully passing all mandatory Training and obligatory Standard Training: Pension

Fund contributions shall be paid on all hours actually worked.

Classification 10/1/2017 10/1/2018 10/1/2019 Maintenance Electrician $34.46 $35.50 $36.56 General Maintenance Worker $22.80 $23.49 $24.19 Heating/Refrig./Air Cond. Mech. $32.97 $33.96 $34.98 Maintenance Painter $24.26 $24.98 $25.73 Fire Alarm Monitor $22.00 $22.66 $23.34

Central Pension Fund $5.32 $5.77 $6.22

The following hourly wage rates shall be effective the first full pay period on or after the dates indicated if personnel do not pass or take all mandatory Training and obligatory Standard Training: Pension Fund contributions shall be paid on all hours actually worked.

Classification 10/1/2017 10/1/2018 10/1/2019 Maintenance Electrician $34.21 $34.98 $35.77 General Maintenance Worker $22.64 $23.15 $23.67 Heating/Refrig./Air Cond. Mech. $32.73 $33.47 $34.22 Maintenance Painter $24.08 $24.62 $25.18 Fire Alarm Monitor $21.84 $22.33 $22.83

Central Pension Fund $5.32 $5.77 $6.22

22.2 (a) The International Union of Operating Engineers Training Program shall be paid by the employer at the rate of $0.35 cent per hour contribution on behalf of all Maintenance Employees for the duration of this contract not to exceed 40 hours per week.

22.3 Employees temporarily assigned to higher rated work shall receive the higher rates while performing such work. Employees temporarily assigned to lower rated work shall not have their rates of pay reduced.

22.4 Wages will be paid by Direct Deposit, Bi-Weekly, every Second Friday. Employees will receive a payroll stub each pay period showing, all withholdings, hours worked, deduction, 40 l k contributions and union dues.

ARTICLE 23

NONDISCRIMINATION

23. l There shall be no discrimination against any employee by reason of race, creed, color, age, national origin, sex, marital status, disability, religion, political affiliation, or Union Membership.

23.2 Where the designation man, he, his, etc. Appear, it is accepted and understood by the parties to this

Agreement that these terms apply equally to both males and females.

ARTICLE 24

CALL-IN-PAY

24. l Call-in is defined as work outside an employee's regular schedule, which causes an employee to make an extra trip to the job site. For each such call-in as defined above, an employee will receive a minimum of four (4) hours straight time pay. With regard to part-time employees, such employees will receive a minimum of two (2) hours straight time pay.

24. l. B Employees required to be on call while off duty shall be paid the equivalent of 2 (two) hours pay per week.

24.2 Upon completion of the job, which the employee was called in to perform, he/she will not be required to remain at the job site in order to receive the above-mentioned four hours pay.

ARTICLE 25

REPORTING PAY

25.1 An employee who reports for work at his/her scheduled starting time and who finds no work available, shall receive not less than four (4) hours pay at his/her regular straight-time hourly rate. With regard to part-time employees, such employees will receive a minimum of two (2) hours straight time pay.

If he/she is told to leave Employer premises in less than four (4) hours because no more work is available, he/she shall receive four (4) hours pay, or two hours in the case of part-time employees. The Employer's obligations to pay this reporting pay shall be excused if the Employer contacts the employee before leaving for work and advises the employee that no work is available ..

ARTICLE 26

HEALTH AND LIFE INSURANCE PROGRAM

AND RETIREMENT PLAN AND TRUST

26.1 The Employer agrees to provide;

for Employee health and welfare, and provide life insurance benefits to full-time employees and regularly scheduled employees. The insurance carriers will be selected by the Employer, such eligibility for this coverage being available to the employee after completion of sixty (60) days of continuous service.

For

October 1, 2017 $1019.00, October 1. 2018 $1057.00, October 1. 2019 $1095.00 per month any one (1) full-time employee or any one ( 1) regularly scheduled employee, the Employer will be responsible to pay the full amount due for the coverage up to the monthly Health and Welfare benefit set forth above in this Article 26. During the term of this agreement there will be no reduction on coverage and there will be no deduction from wages to offset the cost of these benefits. If the cost of health care coverage increases, the Company and the Union agrees to open the Contract to revisit this issue.

26.l(a) The Employer agrees to include Short Term Disability at no cost to the Employee.

26.2 PENSION FUND: The Employer agrees to be bound by the provisions of the restated Agreement and Declaration of Trust dated January 16, 2004 and amendments thereto establishing the Central Pension

Fund of the International Union of Operating Engineers and Participating Employer and hereby agrees to its incorporation as a part of this agreement. In addition to the hourly wage rates shown in Article 22 of this Agreement, the Employer agrees to pay the amount listed per hour under Pension to the Central

Pension Fund of the International Union of Operating Engineers and Participating Employers for pension benefits as determined by the Trustees. Pension contributions are to be paid on all hours actually. worked

26.4 EMPLOYER REPORTS: The Employer agrees to prepare and submit to the Funds Trustees

Administrator, not later than the fifteenth (15) of the following month in which the reported hours were worked, a report showing the name of each Engineer Employee, Social Security number, number of hours worked, total hours worked for all Employees and total amount of contributions. The report shall be accompanied, where applicable, by a check covering the contributions as provided in Section 26.5 below.

26.5 PAYMENT OF FRINGE BENEFITS: The Employer shall issue one check covering his liability as reported on the reporting forms for contributions due under Article 26 (The Central Pension Fund,) made payable and mailed to the appropriate associations as indicated on the reporting forms. Reports and or remittances not postmarked by the fifteenth (15) of the month shall be considered delinquent. Liquidated damages of 15% of the contributions due and an interest assessment of I 0% per annum from the due date shall be levied on the Employer for the delinquency. Employers agree to pay all Fringe Benefits covered by this agreement on a monthly basis as granted by the Fund Trustees. Failure to make the said contributions will subject the Employer to any and all recourse provided in the Trust Agreements. The Employees' representative has the authority to enforce Trust Agreement provisions insuring prompt payment of Fringe

Benefit Contributions.

ARTICLE 27

CHANGE OF EMPLOYEE ADDRESS

27.1 Employees shall notify both the Employer and the Union in writing within seven (7) days of any change of address.

ARTICLE 28

PAID SICK LEA VE

28.1 Each full-time employee covered under the terms of this Agreement shall be entitled to six s e v e n (7) sick days, (fifty six (56) hours), per calendar year, beginning January 1 s t each year. The sick days must be used between January 1 st and December 31 st of the calendar year. Pay for sick leave will be based on employee's base rate of pay. In no event will the sick days be carried over to the next calendar year. Part time employees sick days shall be pro-rated based on the total number of hours actually worked.

28.2 Sick leave may be taken only after the employee has completed their probationary period. Sick leave may be taken for any day the employee is scheduled to work if he/she is unable to work due to sickness or injury.

28.3 In order to qualify for sick leave time off, the employee must notify his/her immediate Project

Manager prior to or within one (1) hour for the first shift employees and within two (2) hours for the second shift employees.

28.4 A doctor's Certificate will be required for all absences due to illness of three (3) days or more.

ARTICLE 29

SAVIN GS CLAUSE

29.1 All provisions of this Agreement are subject to any applicable state and Federal laws and regulations thereunder. Any provision of this Agreement which is determined to be illegal under any state or Federal law or regulation shall be open for negotiation between the Employer and the Union without affecting the remainder of this Agreement.

ARTICLE 30

UNIFORMS

30.1 The Employer shall provide at no cost to all regular full time employees their choice of five (5) uniforms or smocks as provided by the employer each year which are to be maintained by each employee.

All part-time employees shall be provided at no cost to the employee an appropriate apron, which is to be maintained by the employee.

ARTICLE 31

COMPASSIONATE LEA VE

31.1 In case of death in the family (father, mother, spouse, brother, sister, son, daughter, step family members, adopted child, grandfather, grandmother, father-in-law or mother-in-law) the employee shall be allowed three (3) days off at his/her regular rate of pay to attend the funeral or to be with the family.

Employees shall be entitled to (1) one day in the event of the death of an Aunt or Uncle. Proof of death must be submitted to the Employer within 15 days after the funeral. Additional time off will be granted for necessary travel time to distant states for funeral services, such additional days, limited to (2) two days, will be charged to accumulated sick leave or vacation leave. If said employee does not have sick leave, additional day(s) will be charged to leave- without pay.

ARTICLE32

JURY DUTY

32.1 When an employee is called for jury duty, he shall be excused from his regular duties for the days he is required to attend in court. For any workweek in which time off for jury services is necessary, the employee shall be paid for any time actually worked, at the regular rate of pay, and in addition, if this amount, plus his fees for jury services for the days he was excused from work is less than his regular rate of pay for the period, he shall be paid the difference between the two. The Employee shall submit proof for all time during which his presence is required for jury service. For the purposes of this Article nothing herein shall be construed so as to obligate the Employer for pay for any time from work during which the

Employee's attendance is not required for jury service. The Employer's obligation to pay jury duty pay shall be limited to ten days at any one time.

ARTICLE33

GENERAL AND MISCELLANEOUS

33.1 An employee shall have access to and the right of inspection of his/her personnel records during normal business hours, but not during the employee's normal scheduled work hours.

ARTICLE34

DURATION OF AGREEMENT

This Agreement shall be in full force and effect from October 1, 2017 through September 30, 2020, and shall automatically renew itself for successive periods of one (1) year each from year-to-year thereafter unless either party gives at least sixty (60) days written notice to the other party of its desire to add, eliminate or modify any provision(s) of this Agreement. In the event that the Employer's contract with the government at the facility is completely canceled or not renewed for any reason, this Agreement shall also terminate. The Employer shall not by any means use this cancellation provision as a device to circumvent its obligations under this Agreement.

IN WITNESS WHEREOF, the Parties hereto set their hands this day of ----- 2017.

Kherimba Facility Service LLC

General Manager

Title

Date

International Union of Operating Engineers

Local 926 AFL-CIO

Mitch Byrd

Business Manager

Title

Date