CBA.pdf

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

COMMERCIAL FACILITIES MANAGEMENT, INC.

AND

INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 216

For Employees serving the Alexandria, Shreveport, and Monroe, Louisiana and Texarkana, Arkansas, Full Maintenance

This agreement is made effective November 1, 2015 through November 30, 2020

Tabl e of Conten ts

Preamble

Witnesseth

Article 1-Union Recognition

Article 2-Safety

Art1cle 3-Check-off Authorization

Article 4-Rights of Management

Article 5-No Strike/No Lockout

Article 6-Seniority

Article 7-Probationary and Temporary Employees

Article 8-Wages, Health & Welfare and Pension

Article 9-Hours of Work and Overtime

Article 10-Holidays

Article 11-Vacation

Article 12-Funeral Leave

Article 13-Jury Duty

Article 14-Uniforms

Article 15-Leave of Absence

Article 16-Visitation Rights

Article 17-Successors and Assigns

Article 18-Saving Clause

Article 19-Bulletin Boards

Article 20-No Discrimination

Article 21-Shop Steward

Article 22-Modification

Article 23-Wage Rate Classifications

Article 24-Sick Leave

Article 25-Grievance Procedure

Article 26-Arbitration Procedure

Article 27-Wage Rate Differential

Article 28-Duration

Revised Schedule "A"

Preamble

This Agreement entered into by and between WW CONTRACTORS, INC. its successors and assigns, hereinafter referred to as the "COMPANY'', and Local No. 216, International Union of

Operating Engineers, AFL-CIO, hereinafter referred to as the "UNION".

Witnesseth

The COMPANY and the UNION, having a common and sympathetic interest in the progress of industry, have entered into this Agreement in order to promote and maintain harmonious relations between the COMPANY and its employees covered hereby, to insure the efficient operation of the

COMPANY, and to provide means for adJusting any differences which may arise by rational, common sense methods.

Captions or Articles of this Agreement are for convenience only and do not in any way limit or amplify the terms and provisions thereof . Whenever the singular or plural number is used herein, is shall equally include the other and whenever the masculine or feminine gender is used, it shall equally include the other

Now, therefore, in consideration of the mutual promises and agreements herein contained, the parties hereto agree as follows:

Article 1-Union Recognition

The Company recognizes the Union as the sole and exclusive bargaining agency in all matters concerning wages, hours and working conditions for all maintenance employee personnel and clerical employees employed by the Company, in the Baton Rouge, Houma, and Lafayette

Federal Office Buildings and Courthouses facilities in accordance with the GSA contract, excluding all office management, guards, professional employees, confidential employees and supervisors as defined in the National Labor Relations Act as amended.

Article 2-Safety

The Company and the Union agree that each will perform its proper function in promoting and maintaining safe working conditions and good housekeeping practices. The sites may implement safety initiatives involving employee participation as individuals or on teams.

If a safety issue is not resolved satisfactorily or an unsafe condition or situation exists where an employee considers site safety rules as unreasonable, the issue should be brought to the attention of supervision by the employee or the steward. If there is no resolution, the employee or steward may request a final re\iew of the problem by letter addressed to the Project Director of the

Company.

Article 3-Check-off Authoriza tion

Upon receipt of a signed authorization of the employee involved, the Company shall deduct from the employee's pay, initiation fees and uniform monthly dues, payable to the Union.The Union will acknowledge receipt of the remittance in writing, deducted and remitted once they are paid to the

Union.

The Union further agrees to save the Company harmless from any legal actions growing out of these check-off deductions that may be instituted by any employee involved therein before a court, the National Labor Relations Board, or any other body asserting or having jurisdiction, against the

Company and further agrees to reimburse the Company for any financial payment adjudged by a court, the National Labor Relations Board, or any other body asserting or having jurisdiction, against the Company as well as reasonable costs and expenses involved in defense of any such action as set forth in this paragraph.

If any change in the amount of dues is made by the aforesaid Union during the term of this

Agreement, the Union will give written notice of such to the Company.

Article 4-Rights of Management

Except as specifically limited by the express language of this Agreement, the

Company 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, job duties, materials, equipment, facilities and accounting methods; to determine what products shall be handled or distributed; to determine what services or work shall be performed at facilities covered by its contracts with the General Services Administration; to determine whether such work or services shall be performed by employees covered by this Agreement or by contractors, subcontractors, or employees thereof; 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 cause or relieve them from duty for lack of work or for other proper reasons; and to establish and enforce rules and regulations relating to the operation of any and/or all facilities and to employee conduct.

Article 5-No Strike/No Lockout

There shall be no strike, slowdown, or other stoppage of work by the Union or Union employees and no lockout by the Company during the life of this Agreement.

Article 6-Seniority

Section 1. Classification Seniority under this Agreement shall be defined as length of continuous service by work classification on a regular assignment. Company Seniority under this

Agreement shall be defined as length of continuous service from the employee's date of hire by the

Company or a previous contractor performing the services under the current contract between the

Company and the General Services Administration.

Section 2. The Company shall establish available work shifts, days off and vacation periods.

Classification Seniority shall be considered in the selection of work shifts, days off, reduction and restoration of the working force. Company Seniority shall be considered in the selection of vacation periods, amount of vacation, and sick leave.

Section 3. Probationary employees may be assigned to any shift.

Section 4. Classification and Company Seniority lists shall be prepared by the Company and shall be posted January 1st of each year and shall be revised each six (6) months thereafter. Such lists shall be subject to correction upon protest and clarification, but if no complaint is made within fifteen (15) days of posting, the list published will be assumed to be correct and the Company need not entertain any subsequent protest by an employee or the Union.

Section 5. In case of layoffs, seniority by classification shall be followed with due consideration for the efficiencies and special needs of the operation. In case of the restoration of the working force, seniority by classification shall be followed with due consideration for the efficiencies and special needs of the operation. The Steward shall be the last employee in his classification to be laid off provided he has the ability to perform the remaining work.

Section 6. Employees covered by this Agreement shall lose their seniority status and their names shall be removed from the seniority lists under the following conditions:

A. The employee quits or resigns.

B. The employee is discharged for cause.

C. The employee is laid off and not re-employed within six (6) months.

D. The employee has been laid off for less than six (6) months and the employee does not return to the service on or before a date specified in a Registered Mail letter from the

Company, mailed to the employee's last known address offering such employee re employment, which date shall not be prior to five (5) days after mailing such notice, provided however, that this paragraph D shall not apply to offers of temporary work.

E. The employee fails to return to work at the expiration of either a medical or personal leave of absence.

Section 7: Before employees are hired from the outside to fill vacancies, it is the intention of the

Company to promote from within the bargaining unit, if available employees have the skill and the ability necessary to do the work, as determined by the Company. In such instance the senior qualified employee will be promoted. In the event that an employee is promoted or upgraded to a higher rated occupational classification, the employee shall receive the applicable salary rate. The

Union will be advised at least one week in advance, if practical, of promotions and upgrades becoming effective. The Company shall notify the union of job vacancies which it intends to fill.

The Union may refer applications for employment to the Company provided the applicants meet the standards, qualifications, and criteria for the vacancies. The Company shall have the right to reject any job applicant referred by the Union.

Section 8: The Company, the Union and all employees covered by this

Agreement shall, at all times and in all circumstances, abide by and comply with the Contract between GSA and the Company as it relates to security, access, suitability, behavior, comportment, and safety.

Article 7-Probationary and Temporary En1ployees

Newly hired employees shall be on probation for the first Ninety (90) days of employment

(employees carried over from a previous contractor are not considered newly hired employees).

During this period, employees shall receive the rates of pay and all economic benefits provided herein. During the probationary period, the Company may discipline or discharge any employee for any reason without recourse to arbitration. However, no employee shall waive any rights or protection of the laws of the United State of America.

Upon completion of the probationary period, employees shall be placed upon the seniority list as of the first date of employment. Seniority shall be by classification and all benefits provided in this

Agreement shall be accrued by sen.ice 'vvithin a given classification, including layoff and rehire after layoff. Employees will, however, accrue vacation benefits based on their total length of service with the Company.

Temporary employees are those who are employed for a period of ninety (90) days or less with notification to the Union. Any temporary employee employed for a period in excess of ninety (90) days shall become permanent.

Article 8-Wages, Health & Welfare and Pension

The Wage rates which shall be effective during the term of this Agreement are set forth in Schedule

"A". The Health & Welfare and Pension rates which shall be effective during the term of this

Agreement are set forth in Schedule "A".

Article 9-Hours of Work and Overtime

Section 1. Wage Schedule: Wages and classification of positions shall be as shown in Schedule "A".

All wages are to be paid Bi-Weekly on Friday.

Section 2. Workweek and Overtime: The normal work week will be eight (8) hours a day five days a week. All hours worked in excess of eight (8) hours in day and for work in excess of forty (40) hours per week but not both, shall constitute overtime and shall be paid for at one and one-half

(1%) times the employee's basic rate of pay. The workweek begins on Sunday and ends on

Saturday.

Section 3. Days Off: Where possible, each employee shall have two (2) regularly assigned days off in each forty (40) hour workweek and, these days shall be consecutive. Employees shall not be reassigned alternate days off to avoid payment of overtime.

Section 4. Regular Work Schedule: The Project Manager or his designee shall post a work schedule at least one week in advance according to contract requirements. In case of an emergency or requirements by the government, the schedule shall be posted as soon as possible.

Section 5. Call Back: In the event that an employee is called back to work in an emergency or for any other reason, after completing his regular work day and has left the premises, he/she shall be paid for all hours actually worked in the building at the employees basic rate of pay.

Section 6. Mandatory Overtime: The Company shall have the right to direct an employee to work overtime. At a minimum the lowest seniority and qualified employee will perform the overtime duties as requested.

Section 7. Use of personal property : Use of personal vehicle for Company business will be allowed if agreeable to employee and the Company. The employee will be reimbursed for such use at the then current IRS allowed per mile. The use of a personal cell phone for the Company business will not be allowed. Ifa cell phone is deemed necessary, one will be provided by the Company. A tool pouch with hand tools are the responsibility of the employee. Ifa tool is broken on site it will be replaced by the

Company on an exchange basis.

Art icle I 0-Hohdays

The Company will pay eligible employees for the following holidays not worked: New Year's Day, Martin Luther King's Birthday, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran 's Day, Thanksgiving Day, Christmas Day.

Sectionl: In weeks during which a holiday occurs on a scheduled workday and an employee is assigned off, he shall receive a day's pay for that holiday. Paid holidays not worked shall not count towards the 40 hours of work required for overtime pay purposes.

Section 2: Ifan employee works on any of these holidays, he shall be paid at one and one-half ( 1-1/2) times plus holiday pay.

Section 3: Ifa holiday falls on a full-time employee's regularly scheduled day off he is not required to work, he shall receive the regularly assigned hours' pay at his straight time rate. A part-time employee will receive holiday pay at his regular hourly rate times the average daily hours worked in the week preceding the holiday observance. In order for an employee to receive holiday pay under the Article 10, he must work or have his absence excused for the work day immediately before and immediately after that holiday.

Section 4: Should a holiday fall on a weekend, the day designated by Commercial Facilities

Management, Inc. shall be recognized as the holiday.

Section 5: Notwithstanding any other provisions of this agreement, it is understood and agreed that in no event shall Section 1, 2 or3 of this Article be combined or pyramided.

Article 11-Vacation

An employee, who shall have attained the years of continuous service specified in the following table, shall receive paid vacation time off corresponding to such years of continuous service as shown in the following table

1 Week Cs Work Days) paid vacation during the first (1) year of service {after the probationary period and six (6) months of employment

2 Weeks (10 Work Days) paid vacation after 1 year of service

3 Weeks (15 Work Days) paid vacation after 5 years of service

4 Weeks (20 Work Days) paid vacation after 15 years of service

5 Weeks {25 Work Days) paid vacation after 20 years of service

Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at any of the Federal facilities.

All vacation must be approved by management in advance. If a conflict exists in vacation scheduling approval will be given based on seniority for the first 2 weeks for a minimum 1 week block, then on a first come first serve basis. Holidays are based on an annual rotating schedule. Vacation payment will be calculated on the basis of a regularly scheduled day at the employee's straight time rate in existence at the time used.

The amount of vacation time off to which an employee shall be entitled shall be based on an employee's anniversary date.

Employees who are laid off or otherwise removed from the payroll, shall be paid any accrued and unused vacation time. Unused vacation will not be carried over after an employee’s anniversary date. Unused vacation will not be paid for unless the employee was prevented by the Company from taking vacation.

Article 12-Funeral Leave

The Company and the Union recognize that an employee may require Three (3) consecutive calendar days, in the event that travel is more than 500 miles, then they will be entitled to Five (5) days, for bereavement of a spouse, child, grandchild, grandparent, parent, sister, brother, parent in-law. If any of the required days are working days, the employees shall suffer no loss of pay. One

(1) of the days used for bereavement shall be the day of the funeral. No employee shall receive any part of funeral leave that occurs during previously scheduled or regular time off, or when the employee is absent from work for other reasons. In no event, shall pay for funeral leave be in excess of eight (8) hours per day at straight time. Should an employee require more time off, the employee may use accrued vacation leave such as in cases where travel is required if approved by management.

Article 13-Jury Duty

An employee summoned for Jury Duty to a court of record shall be allowed the necessary time off for such service. If an employee is not selected for Jury Duty he must report to work upon release by the court.

When an employee is selected for Jury Duty, he/she shall be compensated at his/her regular rate of pay for a maximum of eight (8) hours per day spent on Jury Duty. Hours spent on Jury Duty shall be considered hours worked and Jury Duty will not be used in the calculation of overtime.

Employees working the afternoon and night shifts shall not be required to report to work while on

Jury Duty.

Employees shall present to the Company a statement from the clerk of the court showing the dates of such service and the amount of compensation thereof.

Article 14-Uniforms

The Company shall provide employees with five (5) sets of uniforms as needed. Each employee is responsible for laundering and servicing his uniforms.

Article 15-Leave of Absence

A. Except for military service or emergency, an employee requesting a leave of absence without pay shall make application in writing two (2) weeks prior to his supervisor on a form to be provided for that purpose by the Company. Leaves of absence shall be gran ted for personal reasons no less than five (5) calendar days and not to exceed thirty (30) calendar days as production requirements permit, upon application of the employee and approval of the Company. Any leaves of absence may be extended up to thirty (30) calendar days more provided a written request is received prior to expiration of the leave and upon written approval from the Company. This provision does not apply to leave granted.

Pursuant to the Family and Medical Leave Act: Any leave of absence that qualifies under

FMLA must be requested prior to any request for a Company leave of absence, and the employee must exhaust any FMLA leave entitlement prior to making such a request. The

Company has complete discretion in determining whether or not to grant a leave of absence other than an FMLA leave.

B. Upon written request from the Union, and agreement by the Company a leave of absence without pay for a period not to exceed Five Cs) calendar days in any calendar year shall be granted to not more than one (1) employee at a time to attend Union conventions or conferences, without loss of benefits, provided that such leave will not interfere with the

Company's contractual obligations to the Government.

C. Upon written request from the Union, and agreement by the Company an employee elected or appointed for full-time Union activity necessitating a leave of absence shall be granted such leave without pay, not to exceed Five Cs) calendar days. This leave may be renewed upon written application by the Union and agreement by the Company.

D. Maternity or Paternity leave will be granted in accordance with the provisions of the Family and Medical Leave Act.

E. Military Service Leave will be granted in accordance with the provisions of the Uniformed

Services Employment and Reemployment Rights Act of 1994. ("USERRA")

F. Except for military service leaves, all accumulated paid leave must be exhausted prior to being placed on leave without pay status. Employees who have requested, and been granted scheduled vacation shall not subsequently have such vacation time revoked. However, once vacation pay is exhausted, the remainder of the pre-scheduled vacation time will be without pay.

G. Upon return from an approved leave of absence the employee will be reinstated to a same or similar position including its corresponding current pay.

H. FMLA Leave: The Company shall grant medical leaves of absence in accordance with the

Family and Medical Leave Act (FMLA). The employee involved shall inform his immediate supervisor immediately upon the occurrence of the serious medical condition and shall thereafter keep their immediate supervisor informed timely, but no less frequently than monthly, in writing of the approximate time when he will be able to resume his usual

Company duties.

I. Extended Military Duty; Employees who enter the Armed Forces of the United States shall be granted a leave of absence for the period of such service, and upon honorable discharge there from shall be re-employed by the Company, as provided by the Uniformed Services

Employment and Reemployment Rights Act of 1994 ("USERRA").

J. Non-War Military Duty Absence and Payment; An employee with one (1) year or more continuous service credit who is called for and performs non-war military duty will be compensated for the difference between his base military pay, and all other pay and allowances and the payment he would have received for the straight time hours he was thereby required to lose from his regular work schedule, but not to exceed ten (10) eight hour days per year if he is called for training, or five (5) eight hour days per year if he is called because of an emergency, computed at his established regular basic salary rate.

Continuous service credit and duly established seniority privileges will accumulate during such leave. No combination of above service shall exceed two (2) weeks per year for compensation purposes.

Article 16-Visitation Rights

Officers of the Union shall have the privilege of visiting members for the purpose of fostering a good working relationship with the Company and its employees.

Article 17-Successors and Assigns

The terms and conditions of this Agreement shall be binding on any and all successors and assigns of the Employer, whether by sale, transfer, merger, acquisition, consolidation, or otherwise. The

Employer shall make substantive efforts to ensure that as a condition of transfer that the successors or assigns will be bound by the terms of this Agreement, and shall notify the Union before parties have concluded their transaction. The Company shall have no obligation under this

Article if it loses the Contract(s) with the Government through a bidding process or through any other action by the Government or the Company that does not involve any agreement between the successor and the Company.

Article 18-Saving Clause

Should any part or provision of this Agreement be rendered invalid by reason of any existing or subsequently enacted legislation, such invalidation of any part or provision of this Agreement shall not invalidate the remaining portions hereof, and they shall remain in full force and effect.

Article 19-Bulletin Boards

The Company agrees to allow the Union to install a bulletin board; however, all material to be posted requires the approval of the Manager or his designee prior to posting.

Article 20-No Discrimination

Itis agreed by the Company and the Union, there shall be no discrimination against any present or future employee by reason of race, creed, color, age, disability of any individual in accordance with applicable law, national origin, sex, sexual orientation, veteran's status or as a Veteran of the

Vietnam era or any other conflict, or any other basis prohibited by then-current applicable federal, state or local law or regulation.

Article 21-Shop Steward

The Union may select one (1) employees of the Company to act as Shop Steward. A Shop Steward's authority shall be limited to and shall not exceed the following duties and activities:

Section 1. The investigation and presentation of grievance to the designated Company's representative in accordance with the provisions of this Agreement.

Section 2 The Shop Steward may receive and may discuss grievances of employees on the premises of the Employer, but only to such extent as does not neglect, retard or interfere with the work or duties of employees. The Shop Steward shall obtain permission of his respective supervisor prior to leaving his work assignments to handle grievances, and report to his supervisor upon his return.

Section 3. The transmission of such messages and information which shall originate with and be authorized by the local Union, or its officers, provided such messages and information had been reduced to writing and, if not reduced to writing, are of a routine nature and do not involve work stoppages, goods or other interferences of the Employer's business.

Section 4. Any activities unde1taken by the Shop Steward outside of his normal working hours shall not be considered as time worked for pay or overtime purposes .

Article 22-Modification

It is the intent of the parties hereto that the provisions of this Agreement, which supersedes all prior agreements and understandings, oral or written, express or implied, between such parties, shall govern their entire relationship and shall be the sole source of any and all rights to claims which may be asserted in arbitration hereunder, or otherwise.

The provisions of this Agreement can be amended, supplemented, rescinded or otherwise altered only by mutual agreement in writing hereafter signed by the parties hereto.

The parties hereto mutually agree not to seek, during the term of this Agreement, to negotiate or bargain with respect to any matters pertaining to rates of pay, wages hours of employment, or other conditions of employment, in the negotiations leading thereto, and any rights in that respect are hereby expressly waived.

The provisions of this Agreement shall be conclusive as to all bargain able matters relating to wages, hours, or work, and working conditions except that rates of pay for new classifications are bargain able as agreed to by GSA. Therefore, the Company and the Union, for the lifetime of this Agreement each agree that the other shall not be obligated to bargain collectively with respect to any subject matter referred to or governed by this Agreement, unless the Company and the Union mutually agree to alter, amend, supplement, enlarge or modify any of its provisions.

Article 23-Wage Rate Classifications

The wage rate classifications and present job titles applicable thereto are attached and made part hereof as Schedule "A". Employees will be paid for time worked in each classification to which assigned at not less than the job rate for the work performed.

Article 24-Sick Leave

Employees shall be entitled to sick leave per year, with pay, at the employee's regular rate of pay, as identified in Schedule "A". The employer may require medical proof of illness for absences in excess of Three (3) days when sick leave is used. If an employee works more than on-half (1/2) day, the employee shall be paid for hours worked and will receive sick pay for the hours not worked.

Employees will receive (5) full days per year at the Employees anniversary date. Sick days are not to be used for personal, or vacation days, and are not accumulative.

Article 25-Grievance Procedure

It is agreed that any employee or group of employees may, individually or through their representative, present complaints to the Company. It is agreed that all such complaints must arise out of the terms or interpretation of an express provision of this Agreement and any complaints regarding discipline, suspensions or terminations will be addressed in the time structure as outlined in this Article unless otherwise mutually agreed upon in writing by the

Company and the Union.

Step 1. The parties should attempt to resolve the complaint themselves and utilize the available resources to do so. For example, the Steward or Foreman should be consulted.

Step 2. A complaint which cannot be settled in Step 1 should be carried to the employee's Steward.

If in the opinion of the Steward the complaint is a just one, the employee and the Steward should confer with the aggrieved employee's supervisor in an attempt to reach an equitable adjustment. If no agreement is reached, then the complaint will be deemed a Grievance and reduced to writing, setting forth all available facts and evidence. Any Grievance must reference the specific provision(s) of the Agreement which is (are) alleged to have been violated or the details regarding discipline, suspension or termination. The Grievance shall be written, dated and signed by the aggrieved employee or the Steward and forwarded to the Project Manager.

Step 3. The parties hereby agree that their representatives shall have the power to adjust any

Grievance as hereinbefore defined. The representatives of the Union shall be a committee designated by the Union and shall consist of two members. All conference between the Company and the Union shall be held during daily working hours, and the employees attending such meetings shall receive their regular rate of pay for any time lost. No Grievance will be considered if not presented within 45 days from the date of the action, event, occurrence or other matter upon which the Grievance is based. Grievances will be heard as soon as practicable, provided however, the Company must hear a minimum of 2 Grievances per month in the order they are received unless key participants are not available or otherwise agreed by the Company and the Union. The Company will schedule hearings on discharge Grievances first. The Company's Grievance Committee shall render a decision on a Grievance within two weeks after the close of the hearing, unless otherwise agreed upon in writing.

Article 26-Arbitration Procedure

It is further agreed that if the Company Grievance Committee cannot resolve any Grievance that arises under Article 27 of this Agreement, the Union may within forty-five (45) days from the decision of the Company Grievance Committee request to arbitrate such Grievance. Upon receiving a timely filed valid request, the Company and the Union shall request the Federal

Mediation and Conciliation Service to provide from the state of Louisiana the names of five persons all of whom shall be impartial persons qualified to act as arbitrators. The impartial arbitrator will be chosen from this list by the representatives of the Union and the Company by a method mutually acceptable to both parties. If no other method is acceptable, each party will alternately strike one name from the list until one name is left. The party striking the first name will be determined by lot.

It is also agreed that the case will be presented to the impartial arbitrator on the earliest possible date and his decision will be final and binding upon both parties to this Agreement. An extension of time will not be granted unless mutually agreed to by the parties to this Agreement.

Each party will bear all expenses of its own witnesses and the presentation of its case in the arbitration. The expenses of the arbitration not borne by the Federal Mediation and Conciliation

Service shall be borne equally by the Company and the Union.

The Union and the Company agree to request the arbitrator hearing the case to render a decision within 30 days after the hearing if no briefs are filed, or, in the event briefs are filed, within 30 days after receipt of same or a time frame mutually agreed to by the parties.

Aritcle 27 –Wage Rate Differential

In order to dispel any possible protest or concern by any party or individual affected by the results of the collective bargaining agreement, the following wages were negotiated under the following circumstances:

The employer cannot offer any reasonable or logical objection to the Union's wage proposal and the rationale that supports it. The Employer is therefore compelled to agree with the Union's proposal and agrees to the following wage rates consistent with arm's length negotiations between both parties.

This agreement shall be in full force effective November 1, 2015 and continue through November 30, 2020. Subsequently the agreement will be negotiated from year to year for items listed on Schedule A as TBA (to be announced) with an anniversary date of November 30th each year, unless written notice of desire to modify or terminate the agreement is served by either party upon the other sixty (60) days prior of expiration of this anniversary of an annual automatic renewal term.

In Witness Whereof, the parties hereto have executed this agreement on this 1"1 day of November 1, Commercial Facilities Management, Inc.

353 Ventnor Ct.

Indianapolis, In 46217

IUOE Local 216

6150 Hooper Rd

Baton Rouge, LA 70811

Michael R Freeman

Michael R Freeman

Vice President

Gary Carmack

Business Manager

Schedule “A”

CLASSIFICATION 1-Nov-15 1-Nov-16 1-Nov-17 1-Nov-18 1-Nov-19

Chief Engineer $25.73 $27.02 $28.37 $30.39 $31.91

HVAC Mechanic $20.13 $21.14 $22.20 $23.31 $24.48

Custodial Supervisor $11.66 $12.24 $12.85 $13.49 $14.17

Janitor $10.61 $11.14 $11.70 $12.29 $12.91

Clerical $14.05 $14.75 $15.49 $16.27 $17.08

Health and Welfare $4.50 $4.75 $5.00 $5.25 $5.50

Pension $0.75 $1.00 $1.25 $1.50 $1.75

Amendment 1

Employee may opt out of the pension plan, and this will be added to their paycheck.