ATTACHMENT_H_-_PSB_SEIU_CBA_Local_32BJ_(6-1-15_to_5-31-18).pdf

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

LOCAL 32BJ, SERVICE EMPLOYEES INERNA TIONAL UNION

START:

EXPIRATION:

AND

EML/BMAR Joint Venture V, LLC At Postal Square

June 1, 2015 May 31,2018

AGREEMENT

This Agreement, dated as of June 1, 2015 by and between Service Employees International Union, Local 32BJ, hereinafter called the "Union" and EMLIBMAR Joint Venture V, LLC hereinafter called the "Employer."

ARTICLE 1 -RECOGNITION

SECTION 1: 1. The Employer recognizes the Union as the exclusive bargaining agent for its janitorial employees (including lead janitors) excluding supervisors, clerical or guards employed at Postal Square.

ARTICLE 2- WAGES

SECTION 2:1. All employees shall receive the following rates:

Cleaner Utility Bathroom cleaner

6/ 1115 $17.20 $17.50 $17.50

6/ 1116 $17.90 $18.20 $18.20

6/ 1117 $18.60 $18.90 $18.90

Snow detail $2.50 per hour additional to workers required to do snow detail.

SECTION 2:2. An employee called in to work on a regularly scheduled day off shall be guaranteed a minimum of four ( 4) hours of pay, beginning at the time from which clocked in to work.

ARTICLE 3- HOUR OF WORK

SECTION 3:1. All work performed in excess of forty ( 40) hours in any workweek by employees shall be considered overtime and shall be compensated for at the rate of time and one-half of the prevailing rate of pay for such job.

SECTION 3:2. Overtime shall be offered by seniority on a rotating basis and ability to perform the task required. If overtime requirements cannot be met on a voluntary basis, it shall be assigned in order of reverse seniority.

SECTION 3:3 . The Employer agrees to correct any payroll error as soon as possible and make every effort to do so within five (5) working days.

SECTION 3:4. Employees working shifts of six (6) hours or more will receive an unpaid meal break of thirty (30) minutes.

SECTION 3:5. Employees will be guaranteed a minimum of eight (8) hours on the day shift. The Employer agrees to meet with the Union if a cut in hours is to be implemented to discuss options that will lessen the impact on the employees.

ARTICLE 4- BUILDING SERVICE 32BJ HEALTH FUND

SECTION 4. 1 The employer agrees to make payments into a health trust fund, known as the "Building Service 32BJ Health Fund", payable on a monthly basis via check or bank transfer to provide health benefits to employees covered by this Agreement provided the stated coverage meets the minimum standards set forth in the Affordable Care Act (ACA) and agrees upon request to make available all documents concerning coverage to the company as proof the SEIU plan meets all requirements under the Affordable Care Act (ACA). Employees who are on Worker' s Compensation shall be covered by the Health Fund, without Employer contributions, until they may be covered by Medicare or for thirty (30) months from the date of disability, whichever is earlier.

SECTION 4.2 The employer agrees to contribute the following amount per hour for each hour paid up to a maximum of 40 hours per week (including sick days, vacations, holidays)

June 1, 2015- $3.92/hour June 1, 2016- $4.16/hour June 1, 2017- $4.40/hour

SECTION 4.3 New employees shall have a waiting period of thirty (30) days before becoming eligible to be participants in the Health Fund.

ARTICLE 5- PAID HOLIDAYS

SECTION 5:1. The Employer shall grant to all employees the following holidays off with pay:

New Years Day Martin L. King Presidents' Day Memorial Day Independence Day Inauguration Day

Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day Employee ' s Birthday

The Employer shall provide all future holidays off with pay declared as legal by the United States Congress or by the Executive Order or Proclamation, provided the contractor has or will be paid by the Government. The Employer will provide proof of payment upon request by the Union.

Holidays will be paid at employees regular shift hours. Example if an employee's shift is 8 hours holidays will be paid at 8 hours, if an employee's shift is 6 hours holidays will be paid at 6 hours.

SECTION 5:2. The Employer agrees to provide each employee two (2) paid personal day per year.

SECTION 5:3. In order to be eligible for holiday pay, an employee must be actively employed and not on Leave, as well as work the scheduled work the workday before and after the holiday unless he/she is on excused absence.

SECTION 5:4. The Employer shall post in the office, at the work site, a list of the holidays observed by the building.

ARTICLE 6 -VACATIONS

SECTION 6:1 . The Employer agrees to provide each employee the following paid vacations:

1 to 4 years 5 to 9 years 1 0 to 14 years 15 years or more 3 5 years or more

2 weeks 3 weeks 4 weeks 5 weeks 6 weeks

Vacation days are defined as an employee's regularly scheduled shift. Example if an employee's shift is 8 hours a vacation day will be paid at 8 hours, if an employee' shift is 6 hours a vacation day will be paid at 6 hours.

SECTION 6:2. An employee must work one full year before vacation is accrued.

Vacation earned on the anniversary date must be used prior to the next anniversary date.

SECTION 6:3. When a holiday occurs during the employee 's vacation, the employee shall be entitled to an extra day of vacation or at the option of the Employer, an extra day' s wage. The Employer will not umeasonable deny the employee's request.

SECTION 6:4. The Employer agrees to pay all employees for all unused vacation upon separation on the next practical payday. An employee must work at least one full year before any vacation is accrued to his/her account. Should an individual resign or is separated prior to his/her first anniversary date, no pro-rated vacation will be paid.

SECTION 6:5. Vacation time can be used for extended sick leave or funeral leave provided the employee has used up his/her accrued sick leave and provided he/she provides a doctor's documentation when requested by the Employer.

SECTION 6:6. Employees will request all vacations 21 days in advance. The employee ' s request for vacation leave shall not be umeasonably denied. Where there is a conflict with current workloads, seniority will prevail.

SECTION 6:7. The Employer will be responsible for all vacation earned through each employee's last anniversary date and will make cash settlements to employees who have unused vacation time to their credit at the end of the government contract to a maximum of 80 hours .. Accrued vacation on the vacation record between the employee' s last anniversary date and government contract end will be assumed by the successor contractor.

Section 6.8. Any available accrued vacation hours must be used before any leave without pay (L WOP) will be granted. The Employer agrees to pay any accrued vacation on next scheduled pay date before granting any unpaid leave.

The Employer reserves the right at its sole discretion to grant leave without pay (L WOP).

No request will be unreasonably denied.

ARTICLE 7- LENGTH OF SERVICE

SECTION 7:1. The Employee's length of service shall be computed from the date on which he/she is hired by the Employer, successor or date of employment in the building whichever is longer. Seniority shall be the sole factor in determining the employees layoff and recall order. One shop steward per shift shall have super seniority.

SECTION 7:2. The Employer shall maintain a posted seniority list on the bulleting board. Conflicts in seniority dates shall be resolved through the grievance procedure.

SECTION 7:3. New employees shall be on probation until the completion of ninety (90) days of service from their date of hire. During this probationary period, such employees shall be considered as being on trial subject to immediate dismissal at any time at the sole discretion of the Employer. Discharge during the probationary period shall not be subject to the grievance procedure provided herein. Upon completion of the ninety (90) day probationary period, employees shall enjoy seniority status from their date of hire.

ARTICLE 8- SICK LEAVE

SECTION 8:1 . All employees at Postal Square will be granted twelve (12) days of paid sick leave per year. Employees can accrue up to 12 days of sick leave. Sick leave cannot be carried fi·om year to year and will not be paid back at the end of the year. It is strictly use or lose.

Sick days are defined as an employee's regularly scheduled shift. Example if an employee's shift is 8 hours a sick day will be paid at 8 hours, If an employee' shift is 6 hours a sick day will be paid at 6 hours, unless the employee works additional hours for more than 2 consecutive weeks.

Sick leave cannot be used to extend vacation time unless approved by Management.

SECTION 8:2. In all cases of illness in excess of three (3) consecutive working days, a physician 's certificate or other acceptable evidence of disability will be submitted by an employee as claim for sick leave benefits, if requested by the Employer.

SECTION 8:3. All employees must give two (2) hours notice before the beginning ofthe shift in order to claim sick leave benefits.

SECTION 8.4. Any available earned sick leave hours must be used before any leave without pay (L WOP) will be granted. The Employer agrees to pay any accrued sick leave on next scheduled pay date before granting any unpaid leave. The Employer reserves the right at its sole discretion to grant leave without pay (L WOP).

ARTICLE 9 - PENSION

SECTION 9.1: COVERAGE. The Employer agrees to make periodic contributions on behalf of all employees covered by the Collective Bargaining Agreement to the Service Employees International Union National Industry Pension Fund (Pension Fund) in the amounts specified in section 3 below. The contributions follow the "Preferred Schedule."

SECTION 9.2. TERM. The Employer agrees to remain a participating employer in the Pension Fund throughout the term of the Collective Bargaining Agreement, including any extensions thereof.

SECTION 9.3. CONTRIBUTIONS. Commencing on June 1, 2015, the Employer agrees to pay $2.29 per paid hour and an additional fifty-nine and eight tenths (59.8) percent in supplemental contributions. Commencing on June 1, 2016, the Employer agrees pay $2.29 per paid hour and an additional seventy-two and one tenth (72.1) percent in supplemental contributions. Commencing on June 1, 2017, the Employer agrees pay $2.29 per paid hour and an additional eighty-five and five tenths (85.5) percent in supplemental contributions.

Current June 1st 2015 I June 1st 2016 l June 1st 2017 I Contributions $3.40 $3.66 I $3 .94 l $4.25

The supplemental contributions include all mandated surcharges required by status of pension fund. No additional contributions above stated amounts will be paid by the employer. If additional requirements are required by the Fund, the Employer or the Union may request a reopener to bargain over retirement payments.

Employees hired after the effective date of this Agreement shall be covered from their date of hire. Contributions required by this provision shall be paid to the Fund on or before the fifteenth (151h) day of the month following the period for which contributions are due or on or before such other date as the Trustees may hereafter determine.

Contributions shall be transmitted together with a remittance report containing such information, in such manner, and on such form as may be required by the Fund or their designee.

I I

SECTION 9.4.TRUST AGREEMENT: The Employer hereby agrees to be bound by the provision of the Agreement and Declaration ofTrust establishing the Fund, as it may from time to time be amended, and all resolution and rules adopted by the Trustees pursuant to the powers delegated to them by that agreement, including collective policies, receipt of which is hereby acknowledged. The Employer hereby designates the Employer members of the Fund's Board of Trustees, or their duly selected successor(s), as its representative on the Board.

ARTICLE 10- UNION SECURITY AND CHECK-OFF

SECTION 10:1. All employees covered by this Agreement at the time it becomes effective and who are members of the Union at that time shall be required as a condition of employment to remain members by the timely payment of all dues and initiation fees in he Union. Employees covered by this Agreement who are not members of the Union shall be required as a condition of employment to become members of the Union within thirty (30) days after the effective date of this Agreement or thirty (30) days after their employment and remain members by the timely payment of all dues an initiation fees in the Union. The Employer will execute the terms of this article within 5 days after the Union notifies the Employer that the employee is not a member in the Union.

SECTION 10:2. The Employer shall notify the Union steward and/or Union office within twenty-four (24) hours of the name, address, and occupation of new or additional employees covered by this Agreement hired outside the Union. In considering persons for employment, promotion or work assignment, no consideration shall be given as to race, creed, sex, age, or national origin.

SECTION 10:3 The Employer agrees to deduct monthly dues, initiation fees, agency fees, American Dream Fund or Political Action Fund contributions from the wages of an employee covered by this Agreement, when authorized by the employee in writing in accordance with applicable law, and shall remit to the Union such dues or other monies within thirty (30) days thereafter. The Union will furnish the necessary authorization forms to the Employer. At the same time the Employer remits its dues each month, the Employer shall provide the Union a list of employees by building, and include the name, home address, social security number, date of birth, date of hire, and/or termination date, and Union deduction, if made.

SECTION 10:4. The Union agrees to hold the Employer harmless and indemnified against any and all claims, liability or fault arising out of the Employer' s compliance with this Article.

SECTION 10:5. The Employer agrees to provide all new employees with a Check-off Authorization Form as provided by the Union on the date of employment. A copy of the card shall be sent to the Union with the monthly Check-off.

ARTICLE 11-FUNERAL LEAVE

SECTION 11:1. It is recognized by the Employer and the Union that three (3) consecutive working days may be needed by an employee for condolence leave. If any of these days are scheduled working days, the employee shall suffer no loss in pay.

Condolence leave shall be operative for the following relatives: mother, father, son daughter, brother, sister, live-in partner, stepparents, stepchildren, grandchildren or grandparents. Condolence leave is paid at straight time not to exceed eight (8) hours per day. One of the three (3) days may be the day of the funeral. Employee must be in a pay status to receive this benefit and cannot be in a Leave without pay status.

ARTICLE 12 -DISCHARGE AND DISCIPLINE

SECTION 12:1. It is agreed that each party shall treat the other with mutual respect and dignity and that the Employer shall only discharge or discipline employees for just cause.

The Employer agrees to use progressive discipline. Discipline must be given in writing within two (2) working days of the offense. Copies of all warning or disciplinary notices will be given to the Shop Steward and employee within three (3) days.

Warning notices or other disciplinary actions will be removed from the employee's file after six (6) months.

SECTION 12:2. The Shop Steward shall be present at all disciplinary meetings of employees or the Employer will reschedule the meeting.

SECTION 12:3. All employees shall have the right to have a steward present at any investigatory meeting which the employee reasonable believes might lead to discipline.

The employee must request the steward to be present.

SECTION 12:4. LEGITIMATE CAUSES FOR DISCHARGE. No warning notices need to be given to an employee before he/she is discharged if the cause for such discharge is for proven dishonesty, illegal drug sale, use, possession or impairment, drunkenness, willful destruction of property or willful damage of equipment or negligence on the part of the employee causing damage to Company or Government property. Testing for drug or alcohol use shall be in accordance with company policy.

Refusal to be tested for drug or alcohol use shall be ground for immediate termination.

All official disciplinary warning against an employee' s record shall be in writing and a copy therefore shall be given to the Union.

The employer also reserves the right to implement reasonable work rules provided that such rules do not conflict with the terms of this agreement.

ARTICLE 13- GRIEVANCE PROCEDURE

SECTION 13:1 . It is agreed that any dispute arising out of this Agreement between an employee or the Union and the employee shall use the procedure set out below.

Step 1. The employee and the immediate supervisor shall attempt to resolve any differences at the time they arise. In the event they are unable to resolve the issue, the employee shall request a meeting with the supervisor and the shop steward to attempt to resolve the issue. If they are unable to resolve the issue, the grievance shall be reduced to writing and submitted to the Company's designated account manager within five (5) days.

Step 2. A representative of the Company, the employee and the Union Representative shall meet within five (5) days to try to resolve the issue. If they are unable to resolve the issue, the grievance will be moved to Step 3. With the exception of suspensions and terminations, all other grievances shall be heard between the company' s second step designee and the Union in a monthly meeting within the month the grievance was filed, unless a longer time period is mutually agreeable.

Step 3. Within five (5) days after the meeting in Step 2, the Union Representative and employee shall meet with the Human Resources Director or his/her designee.

Step 4. If the grievance is not resolved at Step 3, it may be submitted at the request of either party to an Arbitrator whose decision shall be final. All expenses shall be equally borne by both parties.

SECTION 13:2. Both parties agree to strike names from a list provided by the Federal Mediation and Conciliation Service (FMCS) to determine the choice of an arbitrator.

SECTION 13:3. The arbitrator shall rule only on the grievance being heard and shall have no authority to change or alter any terms of this agreement.

ARTICLE 14- NO STRIKE AND NO LOCKOUT

SECTION 14:1 . The Company agrees there will be no lockout of the employees and the Union agrees there will be no strikes, no work stoppages, slowdowns or similar forms of interference of work for any reason whatsoever for the term of this Agreement.

ARTICLE 15- LAY OFF AND RECALL

SECTION 15:1. The Employer agrees to notify the Union at the earliest date possible in the event of lay-offs. The Employer further agrees that all lay-offs will be in reverse order of seniority and all recalls shall be in order of seniority.

SECTION 15:2. All employees laid off shall remain on the lay-offlist for up to one year.

SECTION 15:3. The Employer shall post a seniority list and keep said seniority list updated at least every two months.

ARTICLE 16- UNION RIGHTS

SECTION 16:1. The Union shall have access to Union members and the right to investigate work conditions. The Union would utilize before and after hours so as not to interfere with the Employer' s operation. The Employer will provide space for the Union to meet with Union members at the work site.

SECTION 16:2. The employee shall have the right to inspect their personnel file with the understanding that the files are maintained in the Postal Square building.

SECTION 16:3. The Employer shall provide space for Union literature in a place convenient for employee use at the work site.

SECTION 16:4. The Union shall have the right to inspect the Employer' s payroll records relating to the enforcement of this Agreement.

SECTION 16:5. The Union shall elect Shop Stewards per shift as necessary to enforce this agreement. One Shop Steward per shift shall have super seniority. The Union will notify the Employer of which Shop Steward has super seniority.

ARTICLE 17- DISCRIMINATION

SECTION 17:1. The Employer will not discriminate in employment, hiring, promotion, training or work assignment on the basis of race, creed, color, national origin, age, sex, sexual orientation, religion, mental or physical handicap, Union membership or Union activity in accordance with all applicable laws.

ARTICLE 18- MANAGEMENT RIGHTS

SECTION 18:1. The management of the Company' s affairs and the direction of its working force, including but not limited to the right to establish new jobs, abolish or change existing jobs, change materials, processes, products, equipment in operations;

schedule and assign work; hire, discipline and discharge for cause, transfer or layoff employees because of the lack of work, establish work rules; determine work loads, standards of quality of performance, hiring methods and practices; assignment and transfer of employees and the promotion of employees shall be vested exclusively in the Company.

ARTICLE 19- UNPAID LEAVES OF ABSENCE

SECTION 19:1. An employee may request an unpaid leave of absence and the Employer may grant or deny the request but no request shall be unreasonably denied. The leave of absence, if granted, will be reduced to writing with a date for starting and ending. If the employee does not return on the agreed upon date it will be deemed the employee has resigned. The employee will return to the current or equivalent position without loss of seniority. The payment of the health insurance after thirty (30) days shall be the responsibility of the employee. The Company will grant leaves of absence for the reasons listed below when requested in writing by the employee at least two (2) weeks in advance. Emergency leave shall no be unreasonably denied.

Compassionate/Personal Leave:

Medical Leave:

Military Leave:

Civic Leave:

Union Leave:

Family Medical Leave:

Up to six months for the care of another person upon submission of appropriate documentation.

Up to six month for medical reasons; return to work required with documentation stating the employee may return to work without limitations to assume full duties.

As required by federal law.

For any employee who is required to report Jury Service or to testify in any legal proceeding as a result of a subpoena, a copy of which shall be supplied to the Employer upon request.

One year for service with the Union.

Up to 16 weeks as required by District of Columbia Law.

SECTION 19:2. The Employer agrees that an employee will be allowed to return to work at the end of the leave period, provided that the employee is physically able to perform the essential functions of their position. For leaves of absence of one (1) month or longer, the employee will notify the Employer ten (1 0) days in advance of the scheduled date of return to work. Should the employee require less leave time than originally agreed, the employee shall have the right to return ten days after notifying the Employer of his/her new return date.

SECTION 19.3. No unpaid leave will be granted until all accrued vacation and sick days have been used. The Employer agrees to pay any accrued leave on next scheduled pay date before granting any unpaid leave.

In the event that an employee requests a leave of absence for union duties this leave will be granted as leave without pay and is exempt from provisions outlined in section 19.3

ARTICLE 20- HEALTH & SAFETY

SECTION 20:1 . The Employer shall provide a safe and healthy work place for all employees and shall comply with all federal, state and local laws relating to health and safety.

SECTION 20:2. The Employer shall provide an annual right to know training for every employee including, but not limited to training on infectious and hazardous waste, hazardous substances used or present in the work place and proper safety procedures for all employees.

SECTION 20:3. The Employer will provide all supplies, including gloves, goggles or other necessary safety equipment free of charge. The Employer will provide, repair and maintain all equipment needed to perfonn the job in a safe and efficient manner free of charge.

SECTION 20:4. The Employer shall have available upon request copies of OSHA 200 logs.

SECTION 20:5. The Employer shall maintain workers compensation coverage for all employees. The Employer shall post the required notice of workers compensation in a prominent and visible location to employees containing the name of the insurance company, its address and phone number.

SECTION 20:6. In the event new equipment is introduced into the force, the Employer shall provide training on its safe use. The Employer agrees to accept medical documentation from employees if they are physically unable to use equipment. If this medical documentation is produced, the Employer agrees to offer alternative ways to perform the work consistent with this Article.

ARTICLE 21 -THOMAS SHORTMAN TRAINING FUND

The Employer shall make contributions to a training and scholarship fund known as the "Thomas Shortman Training Fund, Scholarship and Safety Fund" to cover employees covered by this Agreement with such bet:Jefits as may be determined by the Trustees.

Effective June 1, 2015, the rate of contribution to the Thomas Shortman Fund shall be S0.09 per paid hour for each covered employee, payable when and how the Trustees determine

ARTICLE 22 - LEGAL FUND

SECTION 22.1 The Employer shall make contributions to a prepaid legal services trust fund known as "the Building Service 32BJ Legal Services Fund" to cover employees covered by this Agreement with such benefits as may be determined by the Trustees.

SECTION 22.2 Effective June 1, 20 I5 the rate of contribution to the Legal Fund shall be ten cents ($ 0.1 0) per paid hour for each covered employee, payable when and how the trustees determine.

ARTICLE 23- HEALTH, TRAINING AND LEGAL FUNDS PROVISIONS

SECTION 23.1 If the employer fails to make required reports or payments to the Funds, the Trustees may in their sole and absolute discretion take any action necessary, including but not limited to immediate arbitration and suits at law, to enforce such reports and payments, together with interest and liquidated damages as provided in the Fund's Trust Agreement, and any and all expenses of collection, including but not limited to counsel fees, arbitration costs and fees, and court costs.

SECTION 23.2 Any employer regularly or consistently delinquent in Health, Legal or Training Fund payments may be required, at the option of the Trustees of the Funds to provide the appropriate Trust Fund with security guaranteeing prompt payment of such payments.

SECTION 23.3 By agreeing to make the required payments into the Funds, the Employer hereby adopts and shall be bound by the Agreement and Declaration of Trust as it may be amended and the rules and regulations adopted or hereafter adopted by the trustees of each Fund in connection with the provision and administration ofbenefits and the collection of contributions. The Trustees of the Funds shall make such amendments to the Trust Agreements, and shall adopt such regulations as may be required to conform to applicable law. The Fund's current collection policy is attached as Appendix A. The Fund shall notify the Employer of any changes to the collection policy before they take effect.

SECTION 23. 4 Newly hired Employees shall have a waiting period of one (I) month before becoming eligible to be participants in the Funds, and no contributions shall be made on behalf of the employees over the one (I) month period.

ARTICLE 24- SNOW DAYS

SECTION 24.1 If the work location is closed by the goverrunent for any reason including an Act of God (extreme cold, hot weather . .. ) the employees will be offwith pay, provided the contractor has or will be paid by the government. Where extreme weather conditions prevail, employees shall be granted up to and including an additional two (2) hours with no loss of pay in which to report to work; provided the government determines a snow or ice emergency.

ARTICLE 25- SUCCESSORSHIP

SECTION 25: I. The Employer will furnish the Union notice of termination of this cleaning contract no later than ten ( 1 0) days prior to the expiration of the contract or immediately if the Employer is notified less than ten (10) days and thereafter meet with the Union to discuss the effect of such termination on bargaining unit employees.

ARTICLE 26- CHANGE IN EMPLOYERS

SECTION 26: I. When the Employer bids or takes over the servicing of any job location within the District of Columbia where the present employees are working under the tem1s of a collective bargaining agreement with SETU Local 32BJ, the Employer agrees to contact the Union for the seniority list.

ARTICLE 27- REGISTRATION OF CURRENT LOCATIONS

SECTION 27: I. The Employer shall provide the Union with a list of all locations employing employees covered by this Agreement with five (5) working days of the execution of this Agreement. The list shall include the names, address, social security number, wage and benefit rates, date of hire, classification and shift hours of each employee by location.

ARTICLE 28- MAINTENANCE OF CONDITIONS

SECTION 28.1 Nothing in this Agreement shall be construed to allow for the reduction of any current rate or benefit currently enjoyed by individual employees.

ARTICLE 29- SAVING CLAUSE

SECTION 29: 1. Should any court find any part of this Agreement to be invalid, it shall not invalidate the remaining provisions.

ARTICLE 30 - TERM

This Agreement will become effective June I, 2015 through and including May 31 st 2018 and may be extended upon agreement by both parties.

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Appendix A

NOTICE OF COLLECTION POLICY CHANGE*

EFFECTIVE AUGUST 1, 2012

BUILDING SERVICE 32BJ HEALTH, PENSION, LEGAL SERVICES & TRAINING FUNDS & THE SUPPLEMENTAL RETIREMENT

SAVINGS PLAN {SRSP) {FUNDS)

The Trust ees o f the Buildtng Servoce 32BJ Benefot Funds have revosed the Funds' collections polocy wot h the contnbutoon period starting August 1, 2012. From August 1, 2012 forward, mterest woll be none percent {9%) per year. However, l iquodated damages woll become due ll!J.!x if outstandong principal amounts due the Funds are not settled before arbo tration or law suit begins There is no ~race peri od on contnbutoons.

Employer Benefit Fund Contributions

Paper and Electronic Contributions (except 401k): On or before the 20" calendar day of each month for payroll peroods ending in the precedong month. When the 20" falls on a weekend or holiday, payment is due the last business day before the 20".

Due Dates/Billing Cycle 401k COntributions: Due as soon as possible but no later than 7 days after the payroll pay date for electrontc employers and the 20" of the month for pap<!r employers for the payroll p<!flods en dong on the precedong month When the 20" falls i -·~"" ., ....... ~···"' "'"""' '" ... ~ ... '" ...... '"' ,. .

Interest Charges unds· 9% per year charged monthly

I"' ...... - .... ............ ~ , ............ ~ ... , ......... ~ .. ~ Liquidated Damages

SRSP 21% of the balance due amount of not settled before arbotratoon or law suit begons

*The collection policy in place prior to August 1, 2012 will remain in place for all amounts due and owing the Funds for reporting periods prior to August l, 2012.

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