CBA_IUOE__501.pdf

AGREEMENT

BETWEEN

KCORP SUPPORT SERVICES, INC.

COVERING EMPLOYEES EMPLOYED AT

FEDERAL COURTHOUSE & FEDERAL BUILDING

312 N·ORTH SPRING STREET,

LOS ANGELES, CALIFORNIA

AND

FEDERAL DRUG ENFORCEMENT AGENCY

BUILDING, 1340 WEST SIXTH STREET

LOS ANGELES, CALIFORNIA

AND

INTERNATIONAL UNION OF OPERATING

ENGINEERS LOCAL 501, AFL-CIO

DECEMBER 1, 2017 THROUGH NOVEMBER 30, 2020

TABLE OF CONTENTS

ARTICLE I

PURPOSE

ARTICLE II

HOURS OF WORK

ARTICLE III

MINIMUM WAGERATES

ARTICLE IV

SENIORITY

ARTICLEV

HOLIDAYS

ARTICLE VI

VA CATIONS

ARTICLE VII

SICK LEAVE

ARTICLE VIII

FUNERAL LEA VE

ARTICLE IX

GENERAL PROVISIONS

ARTICLE X

JOB DESCRIPTION FOR ENGINEER CLASSIFICATION

ARTICLE XI

HEALTH AND WELFARE, MEDICAL PLAN, DENTAL PLAN, AND VISION PLAN

ARTICLE XII

PENSION PLAN

ARTICLE XIII

TRUST FUND DELINQUENCY

ARTICLEXIV

REPRESENTATION

ARTICLE XV

GRIEVANCES AND ARBITRATIONS

ARTICLEXVI

EDUCATIONAL INCENTIVE

ARTICLE XVII SAFETY

LOCKOUT PROGRAM

ARTICLE XVII

STRIKES AND LOCKOUTS

ARTICLE XIX

FAMILY /PERSONAL LEA VE

ARTICLE XX

JURY DUTY

ARTICLE XXI

SA VIN GS CLAUSE

ARTICLE XXII

TERM OF AGREEMENT

EXHIBIT I

PAYROLL DEDUCTION AUTHORIZATION

THIS AGREEMENT, made and entered into by and between the INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 501, including its Subordinate Branches, AFL- CIO (hereinafter referred to as the "Union"), and KCorp Support Services, Inc. (hereinafter referred to as the "Employer"), for the operation of the Federal Courthouse and Federal Building at 312 North Spring Street, and the Federal Drug Enforcement Agency Building, 1340 West Sixth Street, Los Angeles, CA 90012. The KCorp Support Services, Inc. local address is 1603 College Rd.

Fairbanks, AK 99709.

WITNESS ETH

In consideration of the premises and the respective covenants and agreement of the parties hereto, each of which shall be interdependent, it is hereby agreed:

ARTICLE I

PURPOSE

A. It is the intent and purpose of the parties hereto to promote harmonious relationships between the Employer and its employees, and to set forth herein the agreement reached, covering rates of pay, hours of work, and conditions of employment to be observed between the parties hereto. The Employer and the Union jointly agree to perform faithfully the obligations imposed by this Agreement, and the Union agrees to cooperate with the Employer in such manner, consistent with the provisions of this Agreement, as will ensure the efficient and economical operation of the Employer's building. It is the further intent and purpose of the parties hereto that the Employer shall have the right to direct and control its employees, to establish the working schedule of its employees, and to promote, layoff, transfer, or discharge for just cause, as enumerated in Article IX, Section E, any employee, and the execution of this Agreement by the Employer shall not be deemed to have deprived the Employer of any rights it formerly had or exercised in respect to its employees, except as otherwise expressly provided herein.

B. The Employer recognizes the Union as the exclusive bargaining agency for all employees coming under the terms of this Agreement, as long as such recognition shall not be in conflict with, or in violation of, any statute, law, or ordinance of the government of the United States, the State of California, or any of the political subdivisions thereof.

C. It shall be a condition of employment that all employees of the Employer covered by this Agreement who are members of the Union in good standing, on the effective date of this Agreement, shall remain members in good standing, and those who are not members on the effective date of this Agreement shall, on the thirty-first (31st) day following the effective date of this Agreement, become and remain members in good standing in the Union. It shall also be a condition of employment that all employees covered by this Agreement and hired on or after its effective date shall, on the thirty- first (31st) day following the beginning of such employment, become and remain members in good standing in the Union.

D. Applicants and Notification and Dispatching: In the employment of applicants for all work covered by this Agreement, the following procedure shall govern:

The Union shall establish and maintain open and non-discriminatory employment lists for eligible applicants desiring employment on the work covered by this Agreement.

Notification of Vacancies: The Employer shall first call the Dispatch Office of the Union for such applicants, as he may from time to time need, and the Dispatch Office (213-385-1561) shall furnish to the Employer the required number of qualified and competent applicants requested by the Employer, strictly in accordance with the following procedure.

It shall be the responsibility of the Employer, when requesting applicants, to state the qualifications applicants are expected to possess.

In order to give the Union an opportunity to refer those applicants who most nearly meet his specifications, the Employer agrees to give the Dispatch Office as much advance notice of the anticipated opening as is possible under the circumstances then prevailing. At the time such notice is given to the Union, the Employer will specify the date the vacancy is to be filled and the qualifications the applicants are expected to possess.

Dispatching Procedure: The Dispatch Office (213-385-1561) will refer, in accordance with the Employer's specifications, from among those entered on its lists, those registrants who most nearly meet the qualifications required by the Employer:

1. The selection of registrants to be referred shall be on a non-discriminatory basis and, in accordance with applicable law, shall not be based upon, nor in any way affected by, Union membership by-laws, rules, regulations, constitutional provisions, nor any other aspect or obligation of Union membership, policies or requirements, nor upon the individual's race, color, religion, sex, age, national origin or any other protected class.

2. In the administration of the provisions of this Section, it is understood and agreed that the dispatch office will immediately notify the Employer, if no qualified applicants for the job to be filled are available. Similarly, the Employer shall promptly notify the Dispatch Office of his decision, with respect to applicants referred by the Union.

3. The Employer may request multiple referrals for a single vacancy, but the Union Dispatch Office need not refer more than four ( 4) registrants at the same time for each such vacancy.

4. The Union shall not be required to refer additional registrants for the same vacancy until the Employer notifies the Union of his decision with respect to registrants previously referred.

Right to Recruit from Other Sources: The Employer may procure applicants from other sources under the following conditions:

1. He has afforded the Union an opportunity to refer at least ten (10) applicants for each vacancy; and,

2. Forty-eight ( 48) hours have elapsed since the date specified for a job to be filled under the provisions herein; provided, however, that the Employer need not wait forty-eight ( 48) hours, if the Union has notified the Employer that no qualified applicants are available.

Any Employer who instructs the Dispatch Office not to refer an applicant whose name appears on the Union referral lists shall be required, within twenty-four (24) hours thereafter, to confirm such instructions to the Union, in writing.

Notification of Applicants Hired: The Employer shall, within seventy-two (72) hours of the date of hire of bargaining unit employees, mail a copy of the employee's hire slip to the Union. Further, in recognition that the Union is the bargaining agent for all employees in the bargaining unit, it is agreed that an employee recruited from a source other than the Union Dispatch Office will be required to deliver a copy of his hire slip to the Union within seventy-two (72) hours of date of hire and that the Union shall, upon receipt of such hire slip, promptly issue to the employee written verification that the employee has been hired in accordance with the terms of this Agreement, if that, in fact, is the case.

Change in Qualifications: If an Employer changes the qualifications stated to the Union, he shall immediately notify the Dispatch Office of this fact, and the Dispatch Office will have forty- eight ( 48) hours from that time to refer additional applicants who most nearly fit the changed requirements.

Right of Selection: Subject to the provisions of this Article, the Employer shall be the sole judge of an applicant's competence and qualifications to perform the work of any job to be filled. The Employer may accept or reject any applicant for employment referred by the Union, provided that the Employer's acceptance or rejection of an applicant shall be based solely upon the Employer's judgment and determination, as to the facts set forth in the preceding sentence. If the Union so requests, the Employer shall furnish to the Union within seventy-two (72) hours after such request, the specific reason for rejection by the Employer of an experienced applicant referred by the Union Dispatch Office for a job opening.

In accordance with applicable laws, no applicant shall be rejected or discriminated against because of membership or non-membership in the Union, nor because of the applicant's race, color, religion, sex, age, national origin or any other protected class.

Posting Requirements: The Union shall post, in places where notices to registrants are customarily posted, all provisions relating to these hiring procedures. The Employer shall, likewise, post these hiring procedures in places where notices to applicants and employees are customarily posted.

Time Limits: In computing the forty-eight (48) hour time limit referred to in this Article, Saturday, Sunday, and recognized holidays shall be excluded.

Job Application Forms and Questionnaires: Job application forms and questionnaires shall conform with Federal Agency and/or State Agency Regulations.

E. The Employer agrees to notify the Union promptly of all terminations, layoffs, hires, rehires, promotions, demotions and other changes in status of personnel working under the terms of this Agreement. Such notice is to be forwarded to the office of the Union within one (1) week after effective date of such change.

F. For the purpose of this Article, a member of the Union in good standing shall be defined as any person who has paid all initiation fees and/or dues.

Engineers' Check-off: The Employer will check-off and remit to the Union monthly dues and initiation fees of employees who have executed and furnished to the Employer payroll deduction authorization in the form of Exhibit I, attached to this Agreement, which by this reference is made a part hereof.

It is further understood that the Employer shall be under no obligation to discharge any employee, should said discharge be in conflict with, or in violation of, any law, State or Federal.

G. No work covered by this Agreement may be subcontracted, in whole or in part, to any other person or any other Employer, except in the case of emergency, or when maintenance and repairs are beyond the scope of the competence and ability of the Employer, or when the subcontractor has an existing valid agreement with the Union, or when mutually agreed upon with the Union.

H. In this Agreement, whenever the context so requires, the masculine gender includes the feminine.

ARTICLE II

HOURS OF WORK

A. Eight (8) consecutive hours, exclusive of a lunch period, and including two (2) fifteen (15) minute break periods, shall constitute a day's work. All time worked in excess of eight (8) straight time hours in any one (1) day, and forty (40) hours in any five (5) consecutive days in any work week shall be considered overtime and paid for at one and one-half (1 Yi) times the employee's shift rate of pay, except that all hours worked in excess of twelve (12) hours on an employee's regularly scheduled work day shall be paid for at two (2) times the employee's regular straight time shift rate of pay.

All work performed on the sixth ( 6th day qf the full time employees work week shall be paid for at the rate of one and one-half (1 Yi) times the employee's shift rate of pay, except that work performed after ten (10) hours on the sixth (6th) day of the employee's workweek shall be paid for at two (2) times the shift rate of pay.

B. 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, Sunday, Monday, Tuesday, Wednesday, Thursday, Friday and works Saturday, where Saturday is the seventh (7th) consecutive day worked in the work week.

If a building covered by this Agreement is not a Continuous Operation Building, all work performed at said building on the seventh (7th) consecutive day of any work week, shall be paid at two (2) times the straight-time hourly rate. If a building is a Continuous Operation Building, all work performed at said building on the seventh (7th) day of the work week, shall be paid for at two

(2) times the straight-time hourly rate.

For purposes of this Article, a Continuous Operation Building means a building which the Employer normally operates twenty-four (24) hours a day and seven (7) days a week.

C. No employee shall be required or permitted to work more than sixteen (16) hours in a day, and all employees must have an eight (8) hour break between work periods. Exceptions to this rule may be granted in extreme emergencies, provided the Employer obtains approval from the Union.

D. All employees are guaranteed forty ( 40) straight-time hours of work per week, said forty ( 40) hours being performed during the employee's five ( 5) regularly assigned workdays. If an employee fails to report for work on his regular day of work, the employee's guaranteed workweek shall be reduced by eight (8) hours, or such portion thereof that such absence continues. This provision does not limit the right of the Employer to lay off or terminate any full-time employees.

However, any employee who commences his regular workweek shall receive the guaranteed employment for that workweek.

If an employee is discharged for just and sufficient cause, the guaranteed workweek shall not apply for the week in which the employee was discharged. However, this provision does not preclude the employee or the Union from using the grievance procedure, as set forth in this Agreement.

E. On any job location where four (4) or more Engineers are regularly assigned to work on one (1) Shift (Day, Swing or Graveyard), and there is no Project Manager regularly assigned on that shift, at least one (1) Engineer shall be designated and paid as Lead Engineer. The Lead Engineer's rate of pay shall be a minimum of three and three-quarters percent (3.75%) above the HV AC Engineer hourly rate.

ARTICLE III

MINIMUM WAGERATES

A. The following hourly wage rates apply to the classifications of employees listed below, covered by this Agreement, effective from December 1, 2017 through November 30, 2020.

Effective 11/30/2017 12/1/2017 12/1/2018 12/1/2019

Project Manager/Working $58.39 $60.67 $63.04 $65.50

Lead BOMA Certified

$49.37 $51.14 $52.98 $54.88 Engineer

Lead Engineer $43.62 $45.08 $46.58 $48.13

Non-BOMA $41.45 $42.79 $44.17 $45.60

Certified Engineer Utility

$31.99 $32.81 $33.65 $34.51 Engineer/Helper

Lead Lampist/U tility $28.30 $28.92 $29.55 $30.19

Engineer Lampist/Utility

$25.33 $25.79 $26.25 $26.72 Engineer

Utility Engineer $21.45 $21.70 $21.95 $22.20

Any employee who received a premium in wages above those set forth in Article III, Section A, of this Agreement, shall continue to receive such premium, in addition to those wage increases provided through the terms of this Agreement.

Shift Differentials: All employees working the third (3rd) or Graveyard Shift shall receive, in addition to their regular straight-time rate of pay, a shift differential equal to two and one-half percent (2 Yz%) of the minimum straight-time Day Shift rate for the BOMA Certified Engineer classification.

Effective: 11/30/2017 12/1/2017 12/1/2018 12/1/2019

Graveyard Shift $1.23 $1.28 $1.32 $1.37

For the purposes of this provision, all employees commencing work between the hours of 5:00 a.m. and 11 :00 a.m. shall be considered as working the Day Shift; all employees commencing work between 11 :00 a.m. and 5 :00 p.m. shall be considered as working the second (2nd) or Swing Shift; and all employees commencing work between 5:00 pm. and 5:00 a.m. shall be considered as working the third (3rd) or Graveyard Shift.

B. When an employee is called for duty on a regular shift, he shall be guaranteed eight (8) hours' work and pay, but must remain on the job for those hours worked.

C. An employee scheduled to work on the sixth (6th) or seventh (7th) day of his workweek shall be guaranteed a minimum of eight (8) hours' pay at the applicable overtime rate.

D. When an employee is called out in an emergency, he shall be guaranteed a minimum of four (4) hours' pay at the applicable overtime rate, but must remain on the job for those hours worked.

E. When an employee is notified to report for work prior to his regularly scheduled starting time, he shall be guaranteed, not less than one (1) hour's pay, at the rate of time and one-half (1 Yz) the regularly scheduled rate of pay and shall also be permitted to work and complete his regularly scheduled hours of work. The employee may also leave an equivalent number of hours earlier than normally scheduled, with management's approval.

F. A holiday hereinafter listed that is not worked and is not an employee's regularly scheduled day off shall be considered as time worked for the purpose of computing overtime pay for that workweek.

G. Electronic Call Back: In the event an employee is called by either the Employer or an authorized representative of the Employer to work on a resolution for an after-hours emergency or the scheduling or the turning on/off facility equipment by any electronic means, the employee shall be guaranteed a minimum of one (1) hour of pay at the applicable overtime rate. In the event the employee is required to report to the worksite, then the call back shall be converted to a call-in, pursuant to Section D above, with a start time matching the initial call.

H. Employees who are assigned duty to be on call must carry their assigned telephone with them and answer any and all calls for the entire week. Employees on call shall rotate based on qualifications from week to week. Employees on call during any particular week shall receive four ( 4) hours straight time pay, which shall not be pyramided for overtime purposes but shall strictly be paid for being the duty person on call.

ARTICLE IV

SENIORITY

A. Seniority is defined as "the right accruing to an employee as a result of his length of service from his last date of hire at the building." All employees shall be on a sixty ( 60) calendar day probationary period. During the probationary period, no employee shall obtain seniority. The Employer has the right to terminate any probationary employee. Probationary employees discharged during their probationary period shall have no recourse to the grievance procedure.

B. Employee's anniversary date shall be used for the purpose of computing his vacation benefits, sick leave and seniority.

C. Seniority shall prevail in choice of vacation time.

D. Seniority shall prevail in layoffs, recalls, and choice of shifts, provided the senior employee is qualified to perform the work required.

E. Seniority shall be a factor in promotions and demotions, considering the ability and qualifications required for the job. If an employee has the ability and qualifications, seniority shall be the determining factor.

F. Notice of all job openings shall be posted forty-eight (48) hours prior to the date such job openings are to be filled. Furthermore, notice of all such job openings shall be provided, to the best of the Employer's ability, to all employees on sick leave.

ARTICLE V

HOLIDAYS

A. The following named days shall be classified as holidays and be paid for at the straight-time rate, if they are not worked. If an employee is called into work on a holiday, employee will be paid eight (8) hours straight-time holiday pay, plus time and one-half (1 Yi) for all hours worked on the holiday.

New Year's Day Martin Luther King's Birthday Presidents' Day Memorial Day Independence Day

Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

B. Those holidays provided for in this Agreement which Public Law 90-563 has designated as falling on Monday, shall be observed on Monday.

C. In the event a holiday falls on a Sunday, the following Monday shall be considered as the holiday.

With respect to a building that is not a Continuous Operation Building, as that term is defined in Article II, Section B, in the event a holiday falls upon a Saturday, it shall be observed on the preceding Friday.

In the event a holiday occurs within an employee's vacation period, he shall receive one (1) extra day's pay at the straight-time rate by reason of such holiday, or, at the option of the Employer, an additional day's vacation may be granted, with pay.

ARTICLE VI

VACATIONS

A. All new employees who have been in the service of the Employer, at a given building or facility, for one (1) year, shall be entitled to two (2) weeks (eighty [80] hours) of vacation, with pay, and a like vacation annually thereafter.

B. All employees who have been in the service of the Employer, at a given building or facility, for five (5) years, but less than ten (10) years, shall be entitled to three (3) weeks (one hundred twenty [120] hours) of vacation, with pay, and a like vacation annually thereafter.

C. All employees with over ten (10) years of service, at a given building or facility, shall be entitled to four (4) weeks (one hundred sixty [160] hours) of vacation, with pay, and a like vacation annually thereafter.

D. Length of Service Determination: Length of service for vacation shall be determined as of an employee's seniority as of January pt of each calendar year. All vacation must be used by December 31st 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.

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

E. 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. (1112th per month of service until the following January). The following January 1st they will accrue a full allotment of vacation.

F. The vacation pay shall be forty ( 40) hours straight time pay.

G. 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.

H. Vacations shall be scheduled on a voluntary basis with respect to the choice of the employee and the convenience of the Employer, subject to the Employer's right to approve vacations in advance. Vacations shall be scheduled in accordance with operating needs at any time during the calendar year.

ARTICLE VII

SICK LEAVE

A. All employees covered by this Agreement, with the exception of new hires, shall be eligible for ten (10) days of sick leave per year.

B. New employees shall be prorated for sick leave entitlement in the year of hire after two (2) months of service.

For Example: An employee hired June 1st will become eligible for sick leave August 1st and receive a prorated amount of sick leave for five ( 5) months.

5 months/12 months=41.67% 80 hours*41.67%=33.34 (33) hours 33 hours sick leave available to use between 8/1 and 12/31.

Effective 1/1 of the following year the employee will be entitled to the full eighty (80) hours sick leave, as all other existing employees are.

C. Beginning with the first (1st) day for sickness and non-industrial accident not resulting in hospitalization, and with the first (1st) day for industrial accident and non-industrial accident resulting in hospitalization, the amount payable shall be the amount the employee would have earned at the straight-time rate on his regular shift, had he not been disabled, less any amount the employee received, or is entitled to receive, from State Disability Insurance, State-approved private disability insurance, or Workers Compensation.

The maximum dollars and cents sick and injury leave that any claimant may receive during any year of service is the amount arrived at by multiplying the employee's straight-time regular shift rate by the total number of hours of sick leave for which he is eligible at the time the disability occurs. The amount of benefits paid by the Employer shall be divided by the claimant's straight time hourly shift rate, and the resultant figure, which expresses hours, shall be charged against his sick leave reserve. The remainder, in hours, shall stand to his credit as sick-leave reserve.

D. The Employer may request the employee to submit reasonable proof of sickness or injury, such as a doctor's certificate.

E. The sick-leave benefits are intended for sickness and/ or injury benefits only and shall be used for no other purpose. Any fraudulent use of sick leave shall be considered sufficient cause for discharge.

F. Sick leave will not carry over from year to year.

ARTICLE VIII

FUNERAL LEA VE

A. If necessary for any employee to lose time from work because of a death in the immediate family of such employee, he or she shall be entitled to three (3) days paid leave of absence. In the event that travel of more than three hundred (300) miles is required to attend a service as set forth in this Article, he shall be entitled to five ( 5) days paid leave of absence.

B. "Immediate family" is defined to mean an employee's father, mother, spouse, sister, brother, children, father-in-law, mother-in-law, sister-in-law, brother-in-law, grandparents, or grandchildren.

ARTICLE IX

GENERAL PROVISIONS

A. An engineer shall be on duty at all times when any boilers, refrigeration, or mechanical equipment are in operation, excepting, however, when mutually agreed upon by Representatives of the Union and Representatives of the Employer, a change in schedule or in the application of this paragraph may be established that will contribute to the convenience of operation of the Employer's building. The classification Engineer and Mechanic(s) are interchangeable here.

Any change in schedule or application of this paragraph must be posted on the bulletin board of the Employer's building.

B. Except in the case of an emergency pertinent to the operation of the building and equipment thereof, no engineer shall be required to do any work other than that covered by this Agreement, nor, except in the case of an emergency, shall any employees, other than employees covered by this Agreement, be permitted to do or perform any work covered by this Agreement.

C. Any employee receiving wages, hours, or working conditions better than those mentioned in this Agreement shall not have them reduced because of the signing of this Agreement.

D. The Employer shall not reduce the number of employees or man-hours worked, or rate of pay, or change starting or quitting time of any employee because of the execution of this Agreement.

E. The Employer has the right to discharge employees coming under the terms of this Agreement for just and sufficient cause. However, the discharge of any employee is subject to the grievance procedure, as hereinafter provided.

F. When an employee is discharged for willful misconduct, the termination notice shall contain the specific conduct or offense deemed by the Employer to constitute willful misconduct.

A copy of any written complaint concerning an employee by a customer, an outside agency, or the Employer's own security force, and copies of any other documents relied upon by the Employer as a basis for discharge, shall be furnished to the Union on request. A copy of the termination notice shall be mailed to the Union within seventy-two (72) hours of the date of discharge.

ARTICLEX

JOB DESCRIPTION FOR ENGINEER CLASSIFICATION

A. Project Manager/Working Lead Engineer: Shall supervise all engineering and mechanical maintenance of the building coming within the jurisdiction of the Engineering Department. He may stand a shift and work with the tools of his trade.

B. Lead Engineer: Performs all the duties of the Engineers or Mechanic classifications and directs all engineering operations on his shift.

C. BOMA Certified Engineer: By passing the standardized certification examination, an engineer demonstrates his superior knowledge of certain aspects of the trade. The job duties performed by the Certified Engineer are the same as those performed by the Engineers or Mechanic classifications, as those set forth in Section D; however, the Certified Engineer shall also operate and maintain the central plant. Engineers that pass the certification examination will only become classified as Certified Engineers if the Employer has open vacancies in Certified Engineer Positions, or establishes a new position.

D. Non-BOMA Certified Engineer: In a safe and efficient manner, operates and maintains boilers, compressors, refrigeration equipment, generators, air-conditioning facilities and all appurtenant equipment driven by steam, air, diesel, gas, water or any other power-developing energy. Patrols, inspects and maintains all mechanical, HV AC, electrical, piping and plumbing systems and equipment to the end that the most economical and efficient results may be obtained.

May effect repairs on toilet facilities, registers, radiators, lights, fixtures, minor repairs on furniture and floors, provided that while standing a watch on a high-pressure boiler installation, he is not required to violate any State, County or City Ordinances, Codes or Laws.

E. Apprentice Engineer: Works under the direct and immediate supervision of a Project Manager, Lead Engineer, Engineer or Mechanic. This classification is distinguished from that of the engineering or mechanical classifications, not so much by the work he perfom 1 s, but by the supervision he receives. This classification is strictly a trainee. He shall not stand a shift, or in any way be responsible for operating conditions in the building. During his term of Apprenticeship, the Apprentice shall be subject to the terms and conditions of the "Apprenticeship Standards of the Operating Maintenance and Engineer Trade for Southern California," which provides that he shall receive such instruction and experience in all branches of this trade as is necessary to develop a practical and skilled mechanic versed in the theory and practice of the Operating and Maintenance Engineer Trade. He shall also perform such other duties in the shop and on the job as are commonly related to such an Apprenticeship.

Selection of candidates for Apprenticeship shall be in accordance with Title 8, Chapter 2, Subchapter I-Apprenticeship, Article 5, Subsection 215 of the California Administrative Code as enumerated in the "Apprenticeship Selection Procedures" of the aforementioned Apprenticeship Standards.

F. Lampist/Utility Engineer: Performs all the duties of general maintenance involving cleaning, changing/replacement of standard fluorescent lamps and lighting fixtures in office areas of the building. It is understood that this is not an electrician's position. This classification also performs the duties as outlined in the Utility Engineer classification.

G. Lead Lampist/Utility Engineer: Performs all the duties of the Lampist/Utility Engineer classification and is responsible for the maintenance of lamp/lighting inventory and records required to perform the job.

H. Utility Engineer: Performs the duties of general maintenance including:

Changing of air filters in spaces where no fans or machinery are in operation; General cleaning of engineering spaces;

Cleaning and painting of non-operating mechanical equipment which has been shut down, locked out and tagged by a J oumeyman Engineer;

Perform general laborer's work as assigned by the Project Manager/Working Lead Engineer or Lead Engineer, such as loading, unloading, and moving materials, and running errands for the Engineering Department;

Lamp replacement and cleaning of fixtures ( does not include repair or replacement of fixtures, electric cords, outlets, or ballasts);

Dislodge commodes and minor drains (not to include mechanical sanitary pipe cleaning); Adjust doors and repair door jambs;

Hangs and removes pictures;

Replaces stained or damaged ceiling or carpet tiles;

Hangs holiday decorations;

Hangs bathroom dispensers;

Operates forklift;

Updates children's post board;

Posts miscellaneous signs and posters in public spaces;

Repairs window blinds;

Changes clocks;

Changes exterior lights;

It is understood no power tools are to be used; and May make repairs of a non-technical nature. Must work under supervision.

ARTICLE XI

HEALTH AND WELFARE, MEDICAL PLAN, DENTAL PLAN, AND VISION PLAN

A. Health & Welfare:

All employees will continue to be covered by the Operating Engineers Local 501 Security Trust Fund Health & Welfare Plan and the Employer will pay the required contribution in accordance with the Subscriber's Participation Agreement of said Fund. The Employer agrees to execute all documents required in connection with payments to said Trust Fund.

B. Medical Plan:

1. All employees will continue to be covered by the Operating Engineers Local 501 Security Trust Fund Medical Plan.

2. It is understood that the contribution is payable for each employee covered under this agreement working a minimum of seventy-two (72) hours in a calendar month in accordance with the Subscriber's Participation Agreement.

3. For any employee working two (2) or more days per week, but less than seventy-two (72) hours per month the Employer shall contribute a partial payment for the Medical Plan in accordance with the Subscriber's Participation Agreement.

C. Dental Plan:

1. All employees will continue to be covered by the Operating Engineers Local 501 Security Trust Fund Dental Plan. The Employer agrees to execute all documents required in connection with payments to said Trust Fund.

2. It is understood that the dental contribution is payable for each eligible employee covered by this Agreement working a minimum of seventy-two (72) hours in a calendar month in accordance with the Subscriber's Participation Agreement.

3. For any employee working two (2) or more days per week, but less than seventy-two (72) hours per month the Employer shall contribute a partial payment for the Dental Plan in accordance with the Subscriber's Participation Agreement.

D. Vision Plan:

1. All employees will continue to be covered by the Operating Engineers Local 501 Security Trust Fund Vision Plan. The Employer agrees to execute all documents required in connection with payments to said Trust Fund.

2. It is understood that the vision contribution is payable for each eligible employee covered by this Agreement working a minimum of seventy-two (72) hours in a calendar month in accordance with the Subscriber's Participation Agreement.

3. For any employee working two (2) or more days per week, but less than seventy-two (72) hours per month the Employer shall contribute a partial payment for the Vision Plan in accordance with the Subscriber's Participation Agreement.

E. Employer's Portion of Contribution:

1. It is agreed that each employee who works seventy-two (72) hours per month will be covered under the benefit plans outlined above.

2. The Employer's portion of the contribution shall be increased each December (based on November hours) according to the schedule below

Health and Welfare, Medical, Dental and Vision - Employer monthly contribution 11/30/2017 12/1/2017 12/1/2018 12/1/2019 $1,594.81 $1,794.81 $1,994.81 $2,194.81

3. In the event the amount necessary to maintain benefits exceeds the maximum amount available above, the excess amount necessary shall be paid by deducting the additional monthly amount from the employee's pre-tax payroll check.

4. The Employer will pay the employer contributions required by this Article for employees who are off work because of industrial injury or industrial illness, for up to a maximum of nine (9) months.

F. Life Insurance:

1. All employees will be covered by the Employer Basic Life and Accidental Death & Dismemberment Plan. The Employer will provide life insurance in the amount equal to the annual base salary of each covered employee. At the employee's option, additional multiples of coverage can be purchased by the employee, up to three (3) times his or her annual base salary, after meeting insurability requirements.

2. It is understood that the Employer will pay the premium for life insurance coverage equal to one (1) times the annual base salary.

G. Long Term Disability Plan:

1. All full-time employees will be given the option to be covered by the Employer Long Term Disability Plan. Employer will make a monthly contribution of ten dollars and sixty cents ($10.60) for each full-time employee and the employee will pay the balance of the monthly premmm.

2. It is understood that the Employer will contribute ten dollars and sixty cents ($10.60) per month toward the premium, for each employee who exercises the option for coverage.

ARTICLE XII

PENSION PLAN

The Employer agrees to continue to be bound by the Agreement and Declaration of Trust entered into, as of September 7, 1960, establishing the Central Pension Fund of the International Union of Operating Engineers and Participating Employers, and by any amendments to said Trust Agreement, and further agrees to execute all necessary forms and documents required by the Trustees. Employer irrevocably designates as his representatives among the Trustees of said Fund, such Trustees as are named in said Agreement and Declaration of Trust, as Employer Trustees, together with their successors selected in the manner provided in said Agreement and Declaration of Trust, as that document may be amended from time to time.

1. Effective November 30, 2017, the Employer agrees to contribute thirteen dollars ($13.00) per hour on all straight-time hours paid into the Central Pension Fund of the International Union of Operating Engineers and Participating Employers.

2. Effective December 1, 2017, the Employer agrees to contribute fourteen dollars ($14.00) per hour on all straight-time hours paid into the Central Pension Fund of the International Union of Operating Engineers and Participating Employers.

3. Effective December 1, 2018 on November 2018 hours, the Employer agrees to contribute fifteen dollars ($15.00) per hour on all straight-time hours paid into the Central Pension Fund of the International Union of Operating Engineers and Participating Employers.

4. Effective December 1, 2019 on November 2019 hours, the Employer agrees to contribute sixteen dollars ($16.00) per hour on all straight-time hours paid into the Central Pension Fund of the International Union of Operating Engineers and Participating Employers.

C. The Employer agrees to pay a minimum monthly contribution to the Central Pension Fund of the International Union of Operating Engineers and Participating Employers for all employees who are off work because of industrial injury or industrial illness, for up to a maximum of twelve

(12) months for any one such injury or illness.

D. The Employer agrees to abide by such rules as may be established by the Trustees of said Fund to facilitate the prompt and orderly collection of such amounts and the accurate reporting and recording of such amounts paid on account of the employees.

ARTICLE XIII

TRUST FUND DELINQUENCY

In the event of willful failure by the Employer to make payments as required by the terms of this Agreement into the Operating Engineers Local 501 Security Trust Fund or the Central Pension Fund of the International Union of Operating Engineers and Participating Employers, the Union may, after ten (10) days written notice to the Employer, take whatever action it deems necessary, regardless of any other provisions contained herein, including, but not limited to strike, to enforce said payments.

ARTICLE XIV

REPRESENTATION

A. The Union shall be represented by one (1) Shop Steward. The Union may designate other Shop Stewards, one (1) for each logical group, such groups to be mutually agreed to by the Employer and the Union. Stewards may be selected in such manner as the Union may determine.

Each Shop Steward shall be a full-time regular employee. The Union shall notify the Employer of any changes in the personnel of Shop Stewards, and the Employer shall notify the Union of its Representatives authorized to handle and settle grievances for it. Each Shop Steward is employed to perform full-time work for the Employer and shall be responsible for such work on his part, except as otherwise provided herein.

B. The Shop Steward shall be permitted to enter into, or remain on, the premises after or before his regular work shifts to perform his duties as defined herein. It is understood that such time is not to be paid for by the Employer.

The Steward shall not be discriminated against, in any manner, by the Employer or the agent, because of, or on account of, his activities in presenting any adjustment of grievances or disputes.

C. A Shop Steward will be permitted to devote time during his regular working hours for a reasonable period, without loss of pay, to perform the following:

1. To present to the Employer grievances or disputes, which he has been requested, by an employee or group of employees to present for adjustment.

2. To investigate any such grievance or dispute so that such grievance or dispute can be properly presented to the Employer.

3. To attend meetings with Representatives of Management when such meetings are necessary to present and adjust any grievance or dispute.

4. When the presence of a Shop Steward is desired by an employee for the presentation of a grievance, the employee may request his designated Representative to send for his Shop Steward as soon as reasonable.

D. Duly authorized Representatives of the Union, shall be given authority to enter the premises of the Employer's plant during any shift for the purpose of investigating working conditions of members, conferring with Stewards, or assisting in the settlement of grievances arising under this Agreement and to post notices relative to Union activities.

E. Time Limit for Discipline: It is understood and agreed that any discipline issued to an employee by the Employer shall be issued within thirty (30) calendar days following knowledge by Employer of the occurrence. The Employer may request and shall not be unreasonably denied an extension.

F. Right to Respond: Employees shall have the right to respond in writing to any written disciplinary notices and documentation of employee counseling sessions and shall have that response attached to the relevant material.

G. Expiration of Discipline: Written disciplinary notices and documentation of employee counseling sessions shall be invalid after a period of one (1) year from the date of issuance.

Exceptions shall include continued patterns of discipline. It is understood that while the Employer may retain expired documents to satisfy legal and regulatory requirements, such documents will not be used to justify disciplinary action.

ARTICLE XV

GRIEVANCES AND ARBITRATIONS

A. Where possible, all grievances by employees shall first be presented informally to their Union Steward, who shall receive such grievances and attempt to adjust them immediately with a designated Employer Representative.

Grievances may be filed by an employee, the Union, or the Employer. A grievance shall be defined as a dispute between the Employer, an employee covered hereby, or the Union, involving the interpretation or application of the terms of this Agreement.

B. If an employee has a grievance which is not adjusted in this manner, the employee or the Union shall present the grievance in writing to the Employer, or his Representative, within thirty

(30) calendar days after the occurrence giving rise to the grievance, or within thirty (30) calendar days of the time the employee or the Union reasonably could have acquired knowledge of the event; otherwise, the grievance shall not be heard or considered. As an exception, all discharge grievances must be submitted by the employee or the Union, in writing, to the Employer, within five (5) working days after discharge. Written grievances which are not resolved or responded to within five (5) calendar days after the written grievance is filed with the Employer and the Union Representative, may be submitted to arbitration, as provided in this Article, if the Union or the Employer desires to contest the grievance further. Such arbitration shall be available only if written notice is given of the desire to arbitrate the grievance by the Union or the Employer, within fourteen ( 14) calendar days after termination of the five ( 5) calendar-day period, stated above.

Time limits contained herein may be extended by mutual agreement between the Employer and the Union.

C. As soon as possible and, in any event, not later than ten (10) calendar days after written notice of the desire to arbitrate is received, the parties shall agree upon an arbitrator. If no agreement is reached within said ten (10) days, an arbitrator shall be selected by requesting the Federal Mediation and Conciliation Service to submit the names of five (5) persons qualified to act as arbitrator. When said list has been presented, the Representative of the Union and the Representative of the Employer shall each have the choice of rejecting the names of two (2) of these five (5) persons, with the party making the first rejection to be determined by lot, and the remaining or fifth (5th) person shall be selected as arbitrator.

D. The decision rendered by the arbitrator shall be final and binding upon both parties. Only grievances involving the interpretation or application of this Agreement are arbitrable, and the arbitrator shall not have authority to add to, subtract from, or modify, the provisions of this Agreement. Every effort shall be exerted to expedite such arbitration proceedings, and they shall not exceed fifteen (15) calendar days. Any expense incurred, except the salaries of the parties' negotiators, shall be borne equally between the parties.

E. This Article does not preclude a Representative of the Union from settling a dispute involving a contract violation with a Representative designated by the Employer.

ARTICLE XVI

EDUCATIONAL INCENTIVE

The Employer shall reimburse job-related employee education, for textbook and tuition costs up to a maximum of sixteen hundred dollars ($1,600.00) per fiscal year to each employee subject to the following conditions:

1. The employee shall provide reasonable written notice to the Project Manager for consideration, accompanied by the institution's class description and tuition fees.

2. Prior written approval for the course must be submitted by the Project Manager/Working Lead and the decision is solely at the discretion of the Employers Corporate Human Resources Department.

3. Reimbursement shall be provided at satisfactory completion of the course with not less than a grade of "C" or equivalent.

4. If the employee resigns or is terminated by the Employer for any reason prior to completing the course and/or receiving the grade, there is no obligation on the part of the Employer to reimburse any part of the expense.

ARTICLE XVII SAFETY

LOCKOUT PROGRAM

The Employer and the Union agree that the Employer and the employees covered under this Agreement shall comply with all applicable Federal, State and Local statutes including Employer policy and procedures regarding Lockout and Tag-out.

ARTICLE XVII

STRIKES AND LOCKOUTS

During the period covered by this Agreement, the Employer shall not lock out employees, and the Union shall not strike.

ARTICLE XIX

FAMILY/PERSONAL LEAVE

Family/Personal Leave will be based on "Your rights under the Family and Medical Leave Act of 1993 as amended."

ARTICLE XX

JURYDUTY

An employee who has completed his/her probationary period and who is required to serve on a jury and who loses time because of such service shall be paid the difference between the jury fee received and his/her regular, straight-time rate of pay. It is understood and agreed that this benefit applies only to an employee's regularly scheduled days of work and no benefits shall be paid for time spent serving on juries on days on which the employee was not regularly scheduled to work.

Jury Duty Leave shall be limited to a maximum of ten (10) days per calendar year.

ARTICLEXXI

SAVINGS CLAUSE

It is the intent of the parties hereto to abide by all applicable Federal and State statutes covering the subject matter of this Agreement Should any provision or provisions of this Agreement be determined to be contrary to any such State or Federal law, all other provisions of this Agreement shall remain in full force and effect, and substitutions for the invalidated provision or provisions shall be immediately negotiated.

ARTICLE XXII

TERM OF AGREEMENT

This Agreement shall be in effect from December 1, 2017 through November 30, 2020, and from year to year thereafter, subject to amendment or modification affecting changes and conditions of employment; it being understood that either party wishing to amend or to terminate this Agreement shall give the other party written notice, sixty (60) days prior to December 1 each year, that changes are desired.

FOR THE EMPLOYER:

KCORP SUPPORT SERVICES, INC.

Hu~ ?;(i:MJZo/~

Director of Human Resources

FOR THE UNION:

INTERNATIONAL UNION OF

OPERATING ENGINEERS, LOCAL

NO. 501

Including its Subordinate Branches, AFL-CIO

~ '6 c:3 __ ,,_,_~ Business Representative

Thomas…