AM0003 07 01 24.pdf

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Janitorial and Related Services at Midway International Airport - TSA Leased Space
Solicitation number
47PF0024R0048
Issued by

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This document is an amendment to Request for Proposals (RFP) 47PF0024R0048 for Custodial and Related Services at Midway International Airport - TSA Leased Space. The amendment extends the due date for proposals to 1:00 PM Central time on July 8, 2024 and includes an updated Collective Bargaining Agreement (CBA) that incorporates a dues packet and an addendum for Airports. The RFP is being issued by the General Services Administration (GSA) Public Buildings Service Region 5 for custodial and related services at Midway International Airport for TSA leased space. No other changes are made to the original solicitation.

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Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

INSTRUCTIONS (Back Page):

Instructions for items other than those that are self-explanatory, are as follows:

Item 1 (Contract ID Code). Insert the contract type identification code that appears in the title block of the contract being modified.

Item 3 (Effective date).

(1)

(2)

(3)

(4)

(5)

For a solicitation amendment, change order, or administrative change, the effective date shall be the issue date of the amendment, change order, or administrative change.

For a supplemental agreement, the effective date shall be the date agreed to by the contracting parties.

For a modification issued as an initial or confirming notice of termination for the convenience of the Government, the effective date and the modification number of the confirming notice shall be the same as the effective date and modification number of the initial notice.

For a modification converting a termination for default to a termination for the convenience of the Government, the effective date shall be the same as the effective date of the termination for default.

For a modification confirming the contracting officer's determination of the amount due in settlement of a contract termination, the effective date shall be the same as the effective date of the initial decision.

(a)

(b)

(c)

(d)

(e)

(f)

Item 6 (Issued By). Insert the name and address of the issuing office. If applicable, insert the appropriate issuing office code in the code block.

Item 8 (Name and Address of Contractor). For modifications to a contract or order, enter the contractor's name, address, and code as shown in the original contract or order, unless changed by this or a previous modification.

Items 9, (Amendment of Solicitation Number - Dated), and 10, (Modification of Contract/Order Number - Dated). Check the appropriate box and in the corresponding blanks insert the number and date of the original solicitation, contract, or order.

Item 12 (Accounting and Appropriation Data).

When appropriate, indicate the impact of the modification on each affected accounting classification by inserting one of the following entries:

(2) Accounting classification Net decrease $

Include subject matter or short title of solicitation/contract where feasible.

Item 16B. The contracting officer's signature is not required on solicitation amendments. The contracting officer's signature is normally affixed last on supplemental agreements.

(i)

NOTE: If there are changes to multiple accounting classifications that cannot be placed in block 12, insert an asterisk and the words "See continuation sheet".

Item 13. Check the appropriate box to indicate the type of modification. Insert in the corresponding blank the authority under which the modification is issued. Check whether or not contractor must sign this document. (See FAR 43.103.)

Item 14 (Description of Amendment/Modification).

Organize amendments or modifications under the appropriate Uniform Contract Format (UCF) section headings from the applicable solicitation or contract. The UCF table of contents, however, shall not be set forth in this document.

Indicate the impact of the modification on the overall total contract price by inserting one of the following entries:

(i) Total contract price increased by $

(ii) Total contract price decreased by $

(iii) Total contract price unchanged.

State reason for modification.

When removing, reinstating, or adding funds, identify the contract items and accounting classifications.

(g)

(h)

When the SF 30 is used to reflect a determination by the contracting officer of the amount due in settlement of a contract terminated for the convenience of the Government, the entry in Item 14 of the modification may be limited to --

(i) A reference to the letter determination; and

(ii) A statement of the net amount determined to be due in settlement of the contract.

(1)

(2)

(3)

(4)

(5)

(6)

STANDARD FORM 30 (REV. 11/2016) BACK

(1) Accounting classification Net increase $

Description of Modification Continuation Page

Amendment 0003, RFP 47PF0024R0048 Custodial and Related Services at Midway International Airport - TSA Leased Space

Amendment 0003 is being issued in order to perform the following changes to RFP 47PF0024R0048 - Custodial and Related Services at Midway International Airport - TSA Leased Space:

1. Issue an updated CBA that includes a dues packet, and addendum to CBA for Airports.

2. Extend the due date for proposals to 1:00 PM Central time on July 8, 2024.

All other terms and conditions remain unchanged.

47PF0024R0048/0003

STANDARD AGREEMENT

CONTRACTORS

and

SERVICE EMPLOYEES INTERNATIONAL UNION,

LOCAL 1

APRIL 8, 2024 through APRIL 4, 2027

TABLE OF CONTENTS

Part I Page Number

Article I - Bargaining Unit I

Article II - Union Membership, Employer Rights and Check Off I

Article III - Discharge and Discipline 4

Article IV - Wages 4

Article V - Workweek 8

Article VI - Holidays 12

Article VII - Vacations 14

Article VIII - Termination-Vacation Accrual-Final Paycheck 16

Article IX - Funeral Leave 16

Article X - Working Conditions 17

Article XI - Veteran's Rights 19

Article XII - Health and Welfare Fund 19

Article XIII - Pension Funds 21

Article XIV - Health and Welfare-Pension Delinquencies 24

Article XV - Seniority 25

Article XVI - Leaves of Absence 27

Article XVII - Strikes, Lockouts, Picketing 28

Article XVIII - Grievance Procedure and Arbitration 28

Article XIX - Joint Committee On Safety and Security 30

Article XX - Classifications and Earnings 30

Article XXI - Union Activities in Buildings 31

Article XXII - Jury Service 31

Article XXIII - Miscellaneous Provisions 31

Article XXIV- Sectorial Recognition 32

Article XXV- Training & Legal Funds 33

TABLE OF CONTENTS

Page Number

Part II Maintenance of Conditions 33

Part III Suburban Chicago 34

Duration – Reopening 68

Letter of Understanding-Exhibit A 69

Exhibit B 70

Exhibit C 73

STANDARD AGREEMENT

CONTRACTORS

and

SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1

APRIL 8, 2024 through APRIL 4, 2027

PART I

THIS AGREEMENT, entered into by ______________________ (hereafter designated as the "Employer") and SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1 (hereafter designated as the "UNION"), covers wages, hours and working conditions for Janitorial, Elevator employees and Working Supervisors (hereafter designated as "Employees") who are now or may hereafter be employed by the Employer.

ARTICLE I

BARGAINING UNIT

The Employer recognizes the Union as the sole and exclusive representative of all Janitorial, Elevator employees and Working Supervisors employed in buildings which are now or may hereafter be serviced by the Employer within the jurisdiction of the Union.

The Employer and employees shall not bargain independently of the Union with respect to wages, hours of employment or working conditions, as provided in this Agreement; the right to bargain on behalf of all employees is vested solely in the Union.

All bargaining unit work performed within buildings covered by this Agreement shall be performed solely by employees within the bargaining unit set forth in this Agreement.

ARTICLE II

UNION MEMBERSHIP, EMPLOYER RIGHTS AND CHECK OFF

Section 1. The Employer agrees not to discriminate against members of the Union nor to engage in unfair practices. The right to hire and to discharge for just cause shall be vested solely in the Employer. All present employees shall become members of this Union within thirty-one (31) days after the date hereof, and all new employees shall become members of the Union within thirty-one (31) days after being hired, or on the effective date hereof, whichever is later.

The Union agrees to accept employees as members under the same terms and conditions as other members are admitted to this Union. Subject to the above provision, all employees shall become and remain members of the Union in good standing for the duration of this Agreement as a condition of employment. The term member or members in good standing shall be limited to the payment of the initiation fees and dues uniformly required as a condition of acquiring or retaining membership and shall be a financial obligation only.

Section 2. The Employer agrees to deduct on a monthly basis, (and prior to the 20th day of such month) from the pay of every employee, who has executed and caused to be delivered to the Employer a written assignment, the regular monthly dues and the initiation fee of the Union, if due and owing, which are necessary to keep such employee as a member in good standing in accordance with the Constitution and Bylaws of the Union, as certified to the Employer by the Union. Where the employee, who is on check-off, has insufficient earnings during the first month, the deductions shall be made by the Employer from the next wage payment in accordance with billings furnished by the Union.

The parties acknowledge and agree that the term “written authorization” as provided in this Agreement includes authorizations created and maintained by use of electronic records and electronic signatures, including electronically recorded phone calls, consistent with state and federal law. The Union, therefore, may use electronic records to verify Union membership, authorization for voluntary deduction of Union dues and fees from wages for remittance to the Union, and authorization for voluntary deductions from wages for remittance to COPE Funds, subject to the requirements of state and federal law. The Employer shall accept confirmations from the Union that the Union possesses electronic records of such membership and give full force and effect to such authorizations as “authorization” for purposes of this Agreement. The Employer shall accept electronic confirmation from the Union on a monthly basis using a commercially available spreadsheet regarding new sign-ups.

The Employer will submit such sums in total to the Secretary-Treasurer of Local 1 no later than ten (10) days after such deduction was made. Where the employee, who is on check-off, has insufficient earnings during the first pay period, the deductions shall be made by the Employer from the next wage payment in accordance with billings furnished by the Union. With each monthly check-off record, the Employer shall give by building the names, the address where the employee works, wage rate, hours worked per week, address, primary or cell phone (whichever is provided), email address (if available), social security numbers(last four (4) digits), and starting dates of all employees of the Employer who performed janitorial services in the building during the preceding month including, where known, their status as temporary, extra, substitute, or regular employees. The Employer shall provide, on a quarterly basis, the names of any termed employees, social security numbers (last four (4) digits) and their last day worked.

The Employer agrees that such deductions shall constitute Trust Funds and will be forwarded by the Employer to the Union within ten (10) days after such deduction is made. Any Employer who, without a bonafide reason, intentionally fails to remit such deductions within thirty (30) days on two (2) occasions within any twelve (12) month period shall, in the event of any subsequent failure, be required to pay in addition to the delinquent amount, in the interest at the rate of two percent (2%) per month thereon, and liquidated damages at the rate of five percent (5%) per month thereon, as well as all costs incurred by the Union in recovering such delinquent amounts, including attorney and auditor fees and court costs.

The Union agrees to indemnify and save the Employer harmless from any liability incurred by reason of such deductions and any process set forth in Section 2 of this Agreement.

Section 3. The Employer shall discharge an employee for non-payment of

Union fees or dues within ten (10) days after the Employer’s receipt of written notice from the Union that such employee is not in good standing. Said notice shall state that the employee has previously been given fifteen (15) days’ written notice: (a) of the delinquency; (b) the amount and method of computation thereof; (c) that the employee is not in good standing; and (d) that discharge will result at the end of said fifteen (15) day period unless all arrears are paid. The Union will indemnify, defend and hold the Employer harmless against all liability, damages, claims and costs incurred by the Employer, including but not limited to court costs, judgments and attorney fees and expenses, by reason of the Employer’s compliance with this Section. The Union reserves the right, at its option and at its own expense, to appear and defend all such claims whenever suit is brought against the Employer. Employee protests of discharge for alleged non-payment of Union initiation fees or dues will not be subject to the grievance procedure or arbitration.

Section 4. COPE CHECKOFF The Employer agrees to deduct and transmit to SEIU Local 1, on a monthly basis, contributions to SEIU COPE deducted from the wages of employees who voluntarily authorize such deductions on the forms provided for that purpose by the Union. These transmittals shall be accompanied by a list of the names of those employees for whom such deductions have been made and the amount deducted for each employee.

Section 5. The Employer, during the life of this Agreement, shall not contract for all or any of the work being performed by employees in the bargaining unit covered by this Agreement unless all employees currently employed shall be employed by any contractor or subcontractor as a condition of any contract or subcontract granted or permitted by the Employer; provided, however, that the Employer’s chosen contractor shall have the right to establish and apply reasonable employment criteria and decline to employ any individual who fails to meet such criteria; and provided further that the Employer’s chosen contractor shall have the right to adjust employee work assignments and/or reduce the working force to reflect changes in cleaning specifications and occupancy within the building and/or to accomplish legitimate operating efficiencies, so long as (1) such changes or adjustments have been approved by the Employer; (2) such changes or adjustments do not result in the imposition of unreasonable work loads upon the employees of the contractor working in the building;

(3) the Union is given at least ten (10) days prior written notice of any planned reduction in the working force; and (4) upon adjustment, any description regarding the adjustment shall be given in Polish or Spanish if the employee does not speak English, and the Union agrees that, where such conditions have been met, it shall not attempt to bar or limit the exercise of such rights by the Employer’s chosen contractor in the building covered by this Agreement.

If the Employer shall, during the life of this Agreement, contract for all or part of the work being performed by employees in the bargaining unit covered by this Agreement, it shall include in its agreement with the contractor a provision binding the contractor to observe the economic terms and conditions of this Agreement such as wages, hours and fringe benefits, and the making of reasonable arrangements to guarantee the payment of contributions due by such contractor to the Health & Welfare and Pension Funds.

Section 6. The steward shall be provided a fifteen (15) minute period on the clock to meet with any new employee(s) to orientate them to the Union and the collective bargaining agreement within thirty (30) days of the new employee’s start date.

ARTICLE III

DISCHARGE AND DISCIPLINE

Section 1. Except as otherwise provided by this Agreement, no employee may be discharged, suspended, disciplined or otherwise penalized without just cause. The Employer agrees that all discipline should be progressive, absent compelling circumstances warranting immediate termination or acceleration of disciplinary penalties.

In addition to those circumstances mentioned elsewhere in this Agreement, just cause circumstances for discharge shall include, but not be limited to, unlawful use or unlawful possession of controlled substances, intoxication, gross insubordination, theft, gross negligence, violence in the workplace, sexual or other unlawful harassment, possession of firearms, and disrespectful treatment of a tenant, visitor, or employee.

Section 2. In cases where the Employer believes that an employee’s job performance has become unsatisfactory, such as when an employee is believed to be careless or excessively absent or tardy, the Employer will notify the Union, in writing, of such belief and the Union and the Employer shall cooperate in investigating the matters and taking corrective measures, if warranted. If the Employer contemplates severe disciplinary action beyond a reprimand, then the Employer will notify the Union in writing of such belief and the Union will promptly acknowledge, in writing, receipt of such notice. The Union need not acknowledge receipt of simple warnings or reprimands in which the Employer does not state that severe disciplinary action is contemplated. No warnings or reprimands shall be considered for purposes of disciplinary action after twenty-four (24) months from the date of the warning or reprimand.

ARTICLE IV

WAGES

A. JANITORIAL EMPLOYEES

Section 1. (a) Employees covered by this Agreement other than trainees shall receive the following pay rates during the term of this Agreement:

For the period April 8, 2024 through April 6, 2025 - $21.65 per hour.

For the period April 7, 2025 through April 5, 2026 - $22.40 per hour.

For the period April 6, 2026 through April 4, 2027 - $23.15 per hour.

(b) Employees who were employed by a BOMA (Building Owners and

Manager Association) signatory building as of April 5, 2017 shall receive the following pay rates during the term of this Agreement:

For the period April 8, 2024 through April 6, 2025 - $21.65 per hour.

For the period April 7, 2025 through April 5, 2026 - $22.40 per hour.

For the period April 6, 2026 through April 4, 2027 - $23.15 per hour.

(c) Employees who, as of the above effective dates, were receiving pay rates in excess of those provided by the previous agreement between the parties or this Agreement shall be entitled to receive the full amount of the hourly increases included in the above rates.

(d) All other employees in BOMA signatory buildings covered by this Agreement shall receive not less than the following rates of pay during the term of this Agreement:

During their first year of employment - $2.50below the rate in paragraph (b).

During their 2nd year of employment - $1.50 below the rate in paragraph (b).

After completion of their 2nd year of employment, such employees shall receive the full rate of pay set forth in paragraph (b) of this Section.

(e) The Employer agrees that it shall not attempt to effectuate wage cost reductions by discharging employees covered by paragraph (b) in order to hire replacements covered by paragraph (d). Accordingly, the total number of employees in any building receiving pay rates pursuant to paragraph (d) shall not be increased as the result of the discharge of employees pursuant to Article III, Section 2.

Section 2. (a) There shall be a premium of fifty (.50) cents per hour paid when the following work is performed.

High level work - 12 feet and over from floor level Furniture crating and uncrating Removal of tile affixed to the floor Moving and storing of construction equipment and material Exterior metal refinishing - after one hour in one day - from first hour of work Loading and unloading of trucks and dock labor - after 2 hours in one day-from first hour of work Moving furniture-after 2 hours in one day - from first hour of work

Snow Removal

(b) Demolition and initial cleanup in connection therewith shall be at a rate equal to one and one-half times the regular hourly rate.

(c) Where an employee performs work described by in this Section for twenty

(20) minutes or less per day, there shall be no adjustment in pay. Except as specifically provided herein, employees who perform work described by this Section for more than twenty (20) minutes in a day, shall be guaranteed appropriate pay therefore for a minimum of two (2) hours. No reassignments or change in duties being performed can be made for the purpose of downgrading an employee.

Section 3. Trainees – Non BOMA Signatory Buildings - Employees who do not have prior work experience in the Chicago Central area, will be trainees during their first ninety (90) days of employment and in office buildings not signatory to the BOMA Janitorial Collective Bargaining Agreement at an hourly rate 7% below scale for the job for which they are being trained. In order to be considered as having prior work experience, an employee must have completed the trainee period.

Section 4. Working Supervisors - Janitorial working supervisors shall be paid the greater of (1) the hourly rate of the highest paid employee they supervise or their own job rate, if higher, plus the cents per hour they were over scale under the prior Agreement; or (2) a minimum of $0.20 per hour above their own job rate, or $0.20 per hour above the hourly rate of the highest paid employee they supervise, which ever is higher. Salaried working supervisors are entitled to corresponding differentials.

Section 5. Call In Pay - An employee not scheduled to work on a Saturday or

Sunday who is called in to work shall be given at least four (4) hours of work.

Section 6. Pay Period - Employees shall be paid at their job location no less often than every two (2) weeks.

Section 7. Vacation Replacements - During the term of this Agreement, Janitorial vacation replacements, during the months of May through September, shall be paid at the following hourly rates:

Summers of: 2024 $19.65 2025 $20.40

2026 $21.15

B. ELEVATOR EMPLOYEES

Section 8. Elevator employees covered by this Agreement, other than Trainees, shall receive the following pay rate during the term of this Agreement:

ELEVATOR OPERATOR

For the period April 8, 2024 through April 6, 2025 - $21.95 per hour.

For the period April 7, 2025 through April 5, 2026 - $22.70 per hour.

For the period April 6, 2026 through April 4, 2027 - $23.45 per hour.

ELEVATOR STARTER

For the period April 8, 2024 through April 6, 2025 - $22.25 per hour.

For the period April 7, 2025 through April 5, 2026 - $23.00 per hour.

For the period April 6, 2023 through April 4, 2027 - $23.75 per hour.

ELEVATOR ASSISTANT STARTER

For the period April 8, 2024 through April 6, 2025 - $22.15 per hour.

For the period April 7, 2025 through April 5, 2026 - $22.90 per hour.

For the period April 6, 2026 through April 4, 2027 - $23.65 per hour.

Employees who, as of the above effective dates, were receiving pay rates in excess of those provided by the previous agreement between the parties or this Agreement shall be entitled to receive the full amount of the hourly increases included in the above rates.

Section 9. Elevator employees who do not have prior work experience in office buildings in the Chicago Central area will be trainees during their first ninety (90) days of employment at an hourly rate 7% below scale for the job for which they are being trained. In order to be considered as having prior work experience, an employee must have completed the trainee period.

Section 10. Split shift operators, and those who are required to work irregular hours which necessitates their taking both lunch and dinner downtown, and employees who work a majority of their hours between 12:00 a.m. and 8:00 a.m., shall be paid thirty cents ($0.30) per hour in addition to the regular hourly wage paid in the office building in which they are employed. Split shift employees and employees working irregular hours shall perform their day's work in not longer than eleven (11) hours.

Employees who work a majority of their hours between 4:00 p.m. and 12:00 a.m., shall be paid twenty cents ($0.20) per hour in addition to the regular hourly wage paid in the office building in which they are employed.

Section 11. Relief and substitute employees who are hired for the vacation season or as a replacement of an employee on leave of absence because of illness or disability as provided herein, shall not receive holiday pay during the first ninety (90) days of employment. Relief and substitute employees shall be paid on regular payroll dates or within forty-eight (48) hours after termination of employment, Saturdays, Sundays and holidays excepted, whichever shall first occur.

During the term of this Agreement operator vacation replacements, during the months May through September shall be paid at the following hourly rates:

Summers of: 2024 2025 2026

1983 or Prior Experience $21.10 $21.85 $22.60

1984 Vacation Year Experience $20.60 $21.35 $22.10

All Others: $18.90 $19.65 $20.40

Section 12. Elevator employees shall be paid at their job location not less often than every two (2) weeks.

ARTICLE V

WORKWEEK

A. JANITORIAL EMPLOYEES

Section 1. The workweek for employees shall be from thirty-five (35) to forty

(40) hours to be worked in five (5) consecutive days. An employee whose workweek is between thirty-five (35) and forty (40) hours as of the effective date of this Agreement shall continue to maintain such workweek.

Section 2. The workday (or night) shall not exceed one (1) hour in excess of actual working time.

Section 3. The EMPLOYER guarantees thirty-five (35) hours of work to regularly employed EMPLOYEES who are ready, willing and able to work such hours;

provided, however, that EMPLOYERS maintaining regular work weeks of less than 40 hours as of the effective date of this Agreement may continue to maintain such work weeks. This section is inapplicable in the event that work is unavailable due to an Act of God or other circumstances beyond the Employer’s control, including but not limited to fire, snowstorm, flood, or an act of terrorism.

Section 4. All work in excess of forty (40) hours in one workweek or all work in excess of the regular weekly schedule of the employee shall constitute overtime and shall be paid at the rate of one and one-half (1-1/2) times the employee's regular hourly rate.

Section 5. If any Janitorial employee is required to work beyond his or her regularly scheduled hours in any day, he or she shall not be required to take compensative time off unless otherwise agreed to by the Employer and the Union, and said employee shall be paid for the extra time, except that overtime payment is not required unless the employee's total of work hours in that workweek is more than forty

(40) hours, or in excess of the regular weekly schedule of the employee.

Section 6. The Employer shall not unreasonably demand work in excess of regularly scheduled hours of any employee, and the refusal of an employee to work more than twenty (20) hours of such excess time in any month, shall not constitute grounds for discharge of such employee.

Section 7. With the consent of the Union, the Employer may use a six (6) day week, Monday through Saturday.

Section 8. For the term of this Agreement the presently scheduled hours of the individual employees shall not be reduced without the written consent of the Union, but employees presently working more than forty (40) hours may, at the election of the Employer, be reduced to forty (40) hours per week.

Section 9. All work done on Sunday shall be paid at one and one-half (1-1/2) times the employee’s regular straight time hourly rate.

Section 10. Overtime work shall be distributed equitably among employees able and qualified to perform the needed overtime work.

B. ELEVATOR EMPLOYEES

Section 11. The workweek of elevator employees shall be thirty-five (35) to forty

(40) hours, to be worked in five (5) consecutive days, Monday through Friday, in work days of not to exceed one (1) hour in excess of actual working time. The Employer may require up to 25% of the employees, but in any event at least one (1) employee to work from Tuesday to Saturday. With the consent of the Union, the workweek may be scheduled so that certain days exceed and others are less than eight (8) hours. An employee whose workweek is between thirty-five (35) to forty (40) hours as of the effective date of this Agreement shall continue to maintain such workweek.

Section 12. All work in excess of forty (40) hours in one workweek, and on

Sundays, or all work in excess of the regular weekly schedule of the employee shall constitute overtime and shall be paid for at the rate of one and one-half times the employee's regular hourly rate.

The Employer guarantees thirty-five (35) hours of work to regularly employed employees who are ready, willing and able to work such hours' provided, however, that Employers maintaining regular work weeks of less than forty (40) hours as of the effective date of this Agreement may continue to maintain such workweeks. The weekly guarantee provided in this section shall not apply in any workweek in which the Employer is required to close a building covered by this Agreement for part or all of a scheduled workday due to an act of God or other circumstances beyond the Employer’s control, including but not limited to fire, snowstorm, flood, or an act of terrorism.

If any Elevator employee is required to work beyond his or her regularly scheduled hours in any day, he or she shall be paid therefore and shall not be required to take compensative time off. Employees required to work on Saturdays, shall be given at least four (4) hours of work, and employees required to work on Sunday, shall be given at least 5 -1/2 hours of work. All work performed on Saturday by regular elevator employees whose regular workweek is Monday through Friday, shall be paid for at time and one-half. All work performed on Monday by regular elevator employees whose regular workweek is Tuesday through Saturday, shall be paid for at time and one-half.

The provisions of this Section shall not apply in case the elevator employee has been absent during his or her regular workweek for a reason obviously not justified.

Section 13. Elevator employees shall receive two (2) paid relief periods of twenty (20) minutes each, one in the morning and one in the afternoon, and such paid relief periods shall constitute time worked.

Section 14. So far as possible, starters shall not perform more than their fair share of Sunday, holiday and overtime work.

Section 15. Elevator operators shall be assigned no duties other than operating elevators in the building in which they work.

Section 16. In the event that an Employer shall hereafter convert one or more elevators in its building to operator less elevators and the job or jobs of one or more regular elevator employees are eliminated on that account, such Employer shall pay to the elevator employee or employees whose job or jobs are thus eliminated, conversion pay in the amount and upon the terms and conditions as follows:

(a) The elevator employee must have had at least five (5) years' service in the building;

(b) Elevator employees of five (5) or more years, but less than fifteen (15) years of service in the building, shall receive conversion pay in the amount of $200.00, plus $75.00 for each additional year of service in excess of five (5);

(c) Elevator employees of fifteen (15) or more years, but less than twenty (20) years of service in the building, shall receive conversion pay in the amount of $1,000.00 plus $125.00 for each additional year of service in excess of fifteen (15);

(d) Elevator employees of twenty (20) or more years of service in the building shall receive conversion pay in the amount of $1,750.00 plus $175.00 for each additional year of service in excess of twenty (20), provided, however, that years of service rendered after the employee has reached the age of seventy (70) shall not be counted in computing conversion pay;

(e) A major fraction of a year's service shall be counted as a full year;

(f) The years of service in the building shall be computed without regard to changes in the ownership or management of the building;

(g) A regular elevator employee within the meaning of this Section is an elevator employee of more than ninety (90) days' service in the building;

(h) Within thirty (30) days from the date of executing a contract for the installation of one or more operatorless elevators, the Employer shall give written notice of that fact to the Union, stating the number of elevators to be converted and the approximate date when the conversion will be completed. It is recommended that the Employer consult with Union officials and the elevator starter in the building concerning the number of cars to be shut down and the revision of elevator schedules during the period of conversion.

(i) When a job is to be eliminated by conversion to operatorless elevators, the right to accept conversion pay and retire from the employ of the Employer shall be determined by seniority, that is, conversion pay and retirement shall be offered to the oldest elevator employee in point of service in the building, then to the next oldest in point of service in the building, then to the next oldest in point of service and so on until the offer is accepted. If no elevator employee accepts the offer, the last elevator employee or employees in seniority shall be retired from the employ of the Employer and shall receive the conversion pay, if any, to which such employee or employees are entitled;

(j) The Employer shall give each elevator employee whose job shall be eliminated by the conversion to operatorless elevators at least thirty (30) days' advance notice of the date when such employee's services will no longer be required. This date is hereafter referred to as the termination date. In order to be entitled to conversion pay, the elevator employee must have worked in the building until the termination date, except that such employee may quit his or her job during the two week period before the termination to accept other employment and except, as provided herein, for illness, disability or death.

In the event an elevator employee dies within six (6) months of his or her termination date and leaves a surviving spouse or minor child or children, the conversion pay due such employee, had he or she lived, shall be paid to such surviving spouse, or if there is no surviving spouse, to his or her minor child or children. If the termination date falls within an elevator employee's leave of absence for illness or disability as provided herein, such employee shall receive conversion pay even though such employee was not working in the building on the termination date;

(k) By agreement between the Employer, the elevator employee and the Union, conversion pay may be waived in whole or in part in consideration of other employment in the building or with the agency which manages the building, or for any other reason mutually satisfactory to them;

(l) If an Employer has a severance pay plan which is applicable to an elevator employee whose job is eliminated by conversion to operatorless elevators, the elevator employee may elect to receive either the conversion pay provided for in this Section or the severance pay, but shall not be entitled to receive both.

Section 17. The provisions of this Agreement are in lieu of the rights and benefits provided by the City of Chicago Fair Workweek Ordinance. The parties expressly agree that all rights, requirements and benefits under the Chicago Fair Workweek Ordinance are hereby expressly waived.

ARTICLE VI

HOLIDAYS

Section 1. The following days shall be observed as holidays for all employees except trainees during their first ninety (90) days of employment:

New Year’s Day Wed, 1/1/25 Thu, 1/1/26 Fri, 1/1/27

Memorial Day Mon, 5/27/24 Mon, 5/26/25 Mon, 5/26/26

Fourth of July Thu, 7/4/24 Fri, 7/4/25 Sat, 7/4/26

Labor Day Mon, 9/2/24 Mon, 9/1/25 Mon, 9/7/26

Thanksgiving Day Thu, 11/25/24 Thu, 11/27/25 Thu, 11/26/26

Day after Thanksgiving Day or such other day as may be mutually acceptable to the Employer and the Union

½ Day Christmas Eve* Tue, 12/24/24 Wed, 12/24/25 Thu, 12/24/26

Christmas Day Wed, 12/25/24 Thu, 12/25/25 Fri, 12/25/26

½ Day New Year’s Eve* Tue, 12/31/24 Wed, 12/31/25 Thu, 12/31/26

Plus two of either Martin Luther King’s Birthday, Presidents’ Day, Lincoln’s Birthday, Good Friday, Juneteenth, or such other two days as may be mutually acceptable to the Employer and the Union.

[*] In lieu of ½ holidays on Christmas Eve and New Year’s Eve, the Employer may elect to schedule full day holidays for some or all of its bargaining unit employees on Christmas Eve or on New Year’s Eve.

Each employee covered by this Agreement who has completed one (1) or more full years of service with the Employer shall, in each year of employment, receive five (5)personal holidays/sick leave days to be either on a day mutually acceptable to the Employer and the employee, on the employee’s birthday or any day needed by the employee due to illness provided the employee has notified the Employer of the employee’s need to be absent from work at least two (2) hours in advance of the employee’s scheduled starting time.

Section 2. Each regular employee shall be credited with the normal number of hours at straight time in his or her shift on each of such holidays and, in the case of those holidays which fall on what would have been the employee's regular workday, such time shall be credited as time worked in computing overtime.

Section 3. When a holiday falls on an employee's day off, he or she shall be credited with eight (8) hours at straight time (4 hours in the case of one-half day holiday). For employees who regularly work less than forty (40) hours per week, the credited hours shall be the number of hours of the employee's regular daily shift (1/2 that number in the case of 1/2 day holidays), excluding Saturdays or short hour shifts.

Each regular part time employee shall be paid for the aforesaid holidays on a pro rata basis; that is, the percentage which said employee's hours each week represent to a forty (40) hour week.

Section 4. Employees required to work on holidays shall be paid extra for such hours worked at one and one-half (1-1/2) times their regular hourly rate in addition to the holiday pay. The Employer may schedule regular night shifts either at the beginning or end (but not both) of a calendar day designated as a holiday. Employees working on one of these regular shifts will not be considered to be working on a holiday even if some of the hours worked happen to fall on the calendar day of the holiday. Night shift employees working a regular night shift which is at the beginning of the calendar holiday will be deemed to celebrate their holiday at the end of that day, and vice versa.

Section 5. To be eligible to receive holiday pay, the employee must have been employed by the Employer for at least ninety (90) calendar days prior to the holiday and worked all of his or her scheduled hours on the employee’s last scheduled work day before and the employee’s next scheduled workday following the holiday, provided that tardiness of up to one hour or leaving work early (with the approval of the Employer) on either of such days shall not disqualify the employee from receiving holiday pay.

Employees on approved leaves of absence or layoff who are otherwise eligible to receive holiday pay shall, upon their return to work, receive holiday pay for holidays occurring within ninety (90) days following their last previous day worked. Employees substituting for employees on approved leaves of absence shall not be eligible to receive holiday pay for the first ninety (90) days of said leaves of absence. Employees on approved vacation, personal days approved two weeks in advance, or funeral leave, which ends or begins the day before or after a holiday, are entitled to compensation pursuant to this provision.

Section 6. Any employee who habitually takes an extra day off in connection with the holidays provided for in this Article for reasons obviously not justified, shall be subject to a warning or reprimand, and, thereafter, to progressive discipline by the Employer.

Section 7. The Union will, through its usual forms of communication and its stewards, urge all employees to provide the Employer with not less than two (2) calendar weeks' advance notice of the date upon which the employee's birthday falls.

Section 8. If a regular payday falls on a holiday, employees shall be paid on the day before the holiday, and paychecks shall be dated accordingly.

Section 9. The provisions of this Agreement are in lieu of the rights and benefits provided by the Illinois Paid Leave for All Workers Act, Cook County Earned Sick Leave Ordinance, City of Chicago Paid Leave Ordinance and the City of Chicago Paid Sick Leave Ordinance. The parties expressly agree that all rights, requirements and benefits under the Illinois Paid Leave for All Workers Act, Cook County Earned Sick Leave Ordinance, City of Chicago Paid Leave Ordinance and the City of Chicago Paid Sick Leave Ordinance are hereby waived.

ARTICLE VII

VACATIONS

Section 1. Regular employees who have been in the service of any building continuously for:

One year, shall be given an annual vacation of one week with pay;

Two years, shall be given an annual vacation of two weeks with pay;

Six years, shall be given an annual vacation of two weeks and one day with pay;

Seven years, shall be given an annual vacation of two weeks and two days with pay;

Eight years, shall be given an annual vacation of two weeks and three days with pay;

Nine years, shall be given an annual vacation of two weeks and four days with pay;

Ten years, shall be given an annual vacation of three weeks with pay;

Eighteen years, shall be given an annual vacation of four weeks with pay;

Twenty-five years, shall be given an annual vacation of five weeks with pay.

Section 2. An additional day's vacation (or one-half day in the case of one-half day holidays) shall be allowed an employee whose vacation period includes one of the holidays listed herein.

Section 3. Service shall be deemed continuous notwithstanding leaves of absence for sickness, maternity or other reasons agreed to by the Employer.

Section 4. Employees shall be permitted to take vacation in the same year in which it is earned meaning employees are entitled to take vacation during the first year of employment and each year thereafter, based upon the pro-rata amount earned that year. In the first year of employment, employees will not be permitted to take vacation until they are within six (6) months of their seniority date. If an employee has worked less than fifty-two (52) weeks, such vacation shall be based upon the scheduled hours during the total number of weeks the employee has worked. Employees may not carry over accrued but unused vacation days beyond the end of the year following the year in which the vacation is earned. Any accrued but unused vacation days will be surrendered at the end of the year following the year upon which the vacation was earned, unless there is a mutually agreed upon written agreement between the parties to carry over vacation due to an emergency designated by the Employer. When a contractor hired by the Building leaves that Building (Outgoing Contractor), the Outgoing

Contractor shall send an accurate and timely list to the Union of all employees at the Building and their current vacation accrual and vacation time used to date. The Outgoing Contractor shall also include a list of personal days (Art. VII Section 1) used in the year. The list of vacation accrual and personal days shall be sent to the Union and Building Manager within fifteen (15) business days of the last day of service in the Building by the Outgoing Contractor.

Section 5. Vacation accrual shall be given to a regular employee so long as such employee is carried on the payroll of the Employer (even though no compensation is paid). No vacation accrual is to be credited to a temporary, extra, substitute, floater or vacation replacement employee; provided, however that any temporary, extra, substitute, floater or vacation replacement employee who has been employed either by the Employer or by the janitorial contractor performing bargaining unit work for the Employer for more than twelve (12) consecutive months shall be eligible to receive vacation benefits. Vacation accrual for such temporary, extra, substitute, floater or vacation replacement employee begins only at such time as the regular employee is dropped from the payroll or after twelve (12) consecutive months of employment by the Employer or by the janitorial contractor performing bargaining unit work for the Employer, whichever occurs first. An employee who is absent for 180 days or more shall not be eligible for paid vacation until he/she has returned to active employment for at least ninety (90) days, unless the employee is permanently disabled.

Section 6. Vacation rights of employees shall not be affected by a change of ownership or management of the building so long as they remain in the employ of the new owners or managers. Any employee employed by a contractor whose employment is terminated by reason of change of contractors during the employee’s first year of employment in a building and who is retained in the same building by the new contractor shall, upon completion of his or her full first year of employment in the building, be entitled to a full vacation with pay from the new contractor, less any vacation pay which may have been received by the employee from the displaced contractor.

Section 7. For vacation scheduling purposes, an employee shall receive his or her vacation in accordance with seniority and in keeping with the normal vacation scheduling of the building or at such other time as may be mutually acceptable to the Employer and the employee.

Section 8. Vacation checks for only the earned and approved vacation time requested by the employee with fifteen (15) days of advance notice or more shall be paid to the employee no later than the last scheduled day of work before the beginning of the employee's scheduled vacation.

Section 9. Each regular employee shall be credited with the normal number of hours at straight time in his or her shift on each of such vacation days and, in the case of those vacation days which fall on what would have been the employee's regular work day, such time shall be credited as time worked in computing overtime.

Employees required to work on scheduled vacation day(s) shall be paid for hours worked on such days at one and one-half times their regular hourly rate in addition to vacation pay' provided, however, that the foregoing shall not apply if the Employer and employee agree to reschedule the previously scheduled day(s).

ARTICLE VIII

TERMINATION-VACATION ACCRUAL-FINAL PAYCHECK

Section 1. Any employee who has been in the service of the Employer for more than 1 year and whose employment is terminated for any reason, shall be compensated on a pro rata basis, taking into account the employee's accrued vacation, if any, and the period worked since the first or anniversary date of employment compared with the vacation to which the employee would be…

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