ATTACHMENT_I_-_PSB_IUOE_LOCAL_99_CBA_(6-1-15_to_5-31-18).pdf

AGREEMENT

Between

INTERNATIONAL UNION OF

OPERATING ENGINEERS

LOCAL 99, AFL-CIO

And

EML/BMAR Joint Venture V, LLC

For POSTAL SQUARE

2 MASSACHUSETTS A VENUE, N .E.

WASHINGTON, D.C.

June 1, 2015 - May 31, 2018

Agreement Between IUOE, Local 99 and EMLIBMAR for Postal Square Term: June 1, 2015- May 31,2018

TABLE OF CONTENTS

ARTICLE 1 - UNION REPRESENTATION

1.1. UNION REPRESENTATION

1.2. JURISDICTION

1.3. UNION MEMBERSHIP .............................................................................•

1.3.1. Good Standing

1.3.2. Dues Deduction

1.4. RECRUITMENT

1.4.1. Hiring Procedures

1.4.2. No Discrimination

1.4.3. Affirmative Action

1.5. VISITATION RIGHTS

1.5.1. Shop Steward

1.5.2. Union Officers

1.6. SENIORlTY

1.6.1. Probationary Period

1.6.2. Seniority

1.6.3 Loss of Seniority

1.6.4. Reduction in Force

1.6.5. Recall

1.6.6. Pro1notion

1.6.7. Labor Classifications/Job Descriptions

1.6.8. Job Descriptions

ARTICLE 2- MANAGEMENT RIGHTS

2.1. Management Rights

2.2. Work Assignment

2.3. Inherent Rights

2.4. Work By Supervisors

2.5. Work By Supervisors

2.6. Shift Differential

ARTICLE 3-WAGES and WORK SCHEDULE 3 .1 . Pay Rates ............ ...... .... .. .. ... ................................... ................................... ......... .... 1 0

3.2. Workweek

3.3. Overtime

3.4. Days Off

3.5. Call Back

3.6. No Loss

3. 7. Work in a Higher Classification .............................. ... .. ....... ... ............................... . 1 1

ARTICLE 4 - AUTHORIZED ABSENCES

4.l.Vacations

4.2. Holidays

4.2. 1. Authorized Holidays

4.2.2. Holiday Pay

Agreement Between IUOE, Local99 and EML/BMAR for Postal Square Term: June 1, 2015 - Mav 31, 2018

4.3. Sick Leave

4.4. Bereavement Leave

4.5. Jury Duty

4.6. Leave Without Pay

ARTICLE 5- HEALTH, WELFARE and PENSION BENEFITS

5.1. Health & Welfare Benefits

5.2. Pension Benefits

ARTICLE 6- DISCIPLINE, GRIEVANCE and ARBITRATION PROCEDURES 14

6.1 . Discipline

6.2. Grievance

6.2.1. Definition

6.2.2. Grievance Process

6.3. Arbitration

6.3.1. Process

6.3.2. Arbitration Costs

ARTICLE 7- PART-TME EMPLOYEES

7 .1. Part-Time Employees

ARTICLE 8- MISCELLANEOUS PROVISIONS

8.1. JAC Contribution

8.2. Tools

8.3. Uniforms

8.4. Bulletin Boards

8.5. Building Closure

ARTICLE 9- NO STRIKE/NO LOCKOUT

9.1. No Strike/No Lockout

ARTICLE 10- COLLECTIVE BARGAINING AGREEMENT

1 0.1. Successorship 1 0.2. Invalid Provisions

ARTICLE 11- TERM of AGREEMENT 1 0.1. Term of Agreement

EXHIBIT II A II •••••• •••••• •..•..••....•.•..•.... •. ..•..... •• . • . . ... ...• .. ..•.•.•• •. •.•.••••• • .. •·•••·•·••••••·· ····· ·· •·· · ·· · ·· 20

Agreement Between IUOE, Local 99 and EML/BMAR for Postal Square Term: June 1, 2015- May 31, 2018

This Agreement, made this May 1, 2015 by and between Local 99-99A, International Union of Operating Engineers, affiliated with the Greater Washington Central Labor Council, AFL-CIO, (hereinafter referred to as the "Union"), and EMLIBMAR Joint Venture V, LLC (hereinafter referred to as the "Employer"). That for the purpose of mutual understanding, and in order that a harmonious relationship may exist between the Employer and the Employees in the Units herein defined, and to the end that continuous and efficient service may be rendered by both parties for the mutual benefit of both, it is hereby agreed that:

ARTICLE 1

UNION REPRESENTATION

1.1. Union Representation: The Employer recognizes the Union as the exclusive representative for the purpose of collective bargaining with respect to rates of pay, hours of work and other conditions of employment for its employees employed at Postal Square, 2 Massachusetts Avenue, N.E. Washington, D.C ..

1.2. Jurisdiction: All employees in positions under the job classifications as set forth in Article 1, Section 1.6.8 of this Agreement.

1.3. Union Membership: In accordance with the Labor Management Relations Act, 194 7, as amended, all employees covered by this Agreement shall, within thirty (30) days from and after the effective date of this Agreement, or within thirty (30) days after their employment during the term of this Agreement, become members of the Union and retain such membership during the period of this Agreement. The Employer agrees to send to the Union each month a current listing of unit employees.

1.3.1. Good Standing: Subject to the provisions of the Act, the Employer shall, on, but not before, the fifth (51h) working day, after receipt of written notice from the Union, discharge any employee who is not in good standing in the Union as defined in the Act and as required by the preceding paragraph. The Union agrees to save and hold harmless the Employer from any and all claims made as a result of its compliance with this Section.

1.3.2. Dues Deduction: For the convenience of the Union and the employees who are members of the Union, the Employer agrees to deduct the regular monthly union dues from the pay of such employees who authorize such deduction by way of a fully executed authorization card that has been approved by the parties.

The Union accepts all responsibility for the authenticity of each of said authorization.

Incomplete or inaccurate authorizations shall be returned to the Union for correction. The Union shall indemnify and hold the Employer harmless against any claims, demands, lawsuits, or other form of liability that may arise out of or by reason of action taken by the Employer in making payroll deductions as herein provided or in complying with this Agreement.

Agreement Between IUOE, Local99 and EMLfBMAR for Postal Square Term: June J, 2015- May 31, 2018

The Employer shall not make deductions from wages for any payroll period in which the wages owed the employee (after deductions required by law) are less than the amount the employee has authorized the Employer to deduct pursuant to this Agreement.

1.4 RECRUITMENT

1.4. 1. Hiring Procedures: It is the intent of this agreement to establish a procedure to consider and offer employment to the most qualified applicant in situations where a permanent vacancy, other than a temporary vacancy, occurs within the bargaining unit.

When a permanent vacancy occurs within one (1) of the positions contained in the bargaining unit, a bulletin shall be posted at the job site for a period of seven (7) calendar days during which time eligible employees will have an opportunity to submit written bids for the vacancy.

An applicant who does not bid for a job, for reasons including absence from work during the posting period, shall lose all rights to the job; however, shop stewards may bid for job vacancies for employees on vacation, absent due to illness, or other justifiable reasons subject to his/her availability for that position if that employee so desires.

New hires, promotions or transfers will be based on the applicant's qualifications for that particular job. The Employer shall have the final decision as to the qualifications of the employee/applicant. The Government shall have the right to disapprove the hire of any new employee.

There will be a forty-five (45) working day trial period for applicants, who are awarded new positions. In the event that an employee's performance is unacceptable, he/she may be returned to his/her old position and pay rate within this trial period.

In the event no employees in the bargaining unit who apply are qualified, the Employer may hire from outside the bargaining unit. Should the Employer apply to the Union Business Office for help, the Union agrees that it will make every effort to furnish competent help without discrimination because of race, creed, sex, age, national origin or membership or non-membership in the Union. The Employer agrees to notify the Union of the names and addresses of any new employees no later than fifteen ( 15) days from their date of employment.

1.4.2. No Discrimination: It is agreed by the Employer 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, Union membership, or sexual preference.

1.4.3. Affirmative Action: The parties recognize the requirement that the Employer, as a Federal government contractor, adopt an Affirmative Action Plan which includes goals and/or objectives for the recruitment, employment, training of minority employees, Agreement Between IUOE, Local99 and EMLIBMAR for Postal Square female employees, disabled employees, Vietnam Era veterans, and special disabled veterans.

1.5. VISITATION RIGHTS

1.5.1. Shop Steward: The Union will notify the Employer in writing of the identity of the Steward, who must be a member of the bargaining unit. The Shop Steward shall be afforded a reasonable period of time to conduct Union Business during working hours as long as such action does not interrupt operations.

1.5.2. Union Officers: Officers of the Union shall have the privilege of visiting members of the Union during working hours upon reasonable notification approved by a proper official of the Employer or its designee, subject to government security policies of the facility.

1.6 SENIORITY

1.6.1. Probationary Period: Employees shall be considered on probation for the first ninety (90) calendar days of employment. Employees on probation may be discharged without recourse to the Grievance and Arbitration procedure set forth in Article VI.

1.6.2. Seniority: Seniority shall be by job classification for the purposes of lay off and recall, however, all other benefits provided for in this Agreement shall accrue from the employee's date of hire on site.

When an employee is promoted to a higher classification, he/she shall carry all previous classification seniority to the new classification within that trade.

1.6.3. Loss of Seniority: An employee covered by this Agreement shall lose his or her seniority status under the following conditions:

• The employee quits or resigns

• The employee is discharged for cause

• The employee is laid off and not reemployed within twelve (12) months

• The employee has been laid off for less than twelve (12) months and the employee does not return to service on or before a date speci fied in a Registered Mail letter from the Employer mailed to the employee's last known address offering such employee reemployment, which date shall not be prior to five (5) days after mailing such notice, provided, however, that this paragraph shall not apply to offers of temporary work.

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

• The employee has been removed from the contract by the Government. The employee shall receive a copy of the removal notification to the Company from the Government if provided in writing by the Government. This action is not arbitrable.

Agreement Between IUOE, Loca199 and EMLIBMAR for Postal Square Term: June 1, 2015 - May 31, 2018

1.6.4. Reduction in Force: When it becomes necessary to reduce the working force, classification seniority will govern.

1.6.5. Recall: In recalling employees after lay off, the Employer agrees to offer reemployment, within their assigned classification, to employees in the reverse order in which such employees were laid off assuming the period of lay off does not exceed twelve ( 12) months. An employee who accepts recall after lay off, will be credited with seniority held at time of such lay off.

1.6.6. Promotion: Employees who are promoted to posttlons excluded from the bargaining unit will be given a leave of absence from the bargaining unit for three (3) months and shall continue to retain and accrue seniority during that period. If at the end of this period the employee has not returned to work within the classifications covered by this Agreement, he/she shall lose all seniority rights under this Agreement, and his/her name shall be removed from the seniority list.

1.6.7. Labor Classifications/Job Descriptions: The jurisdiction of the Union shall extend over the operations, maintenance and repair (as appropriate) of:

a. All boilers, their accessories and appurtenances.

b. All fired or unfired pressure vessels and vacuum systems.

c. All refrigeration and air conditioning machines and their associated equipment including maintenance and repair of cold storage spaces.

d. All plumbing and piping including water, gas, heating, steam, and sanitation systems.

e. All electrical appliances and fixtures including Iamping.

f. All emergency power equipment.

g. All electric motors, generators, circuits and switch gear.

h. All machinery and equipment used in the production and for health and comfort ofthe Employer's business and personnel.

i. Any and all equipment covered under the terms of the employer's contract with the Postal Square Building at 2 Massachusetts Avenue, N.E., Washington, D.C.

Employees will continue to do such work not listed above that has been performed in the past.

It is agreed, however, that any part or parts of this jurisdiction of which the Employer has a bona- fide working agreement with another Union or outside contractor which pre-dates this Agreement, such part or parts shall automatically be deleted from this Agreement.

Agreement .Between IUOE, Local 99 and EMLIBMAR for Postal Square Term: .June 1, 2015- Mav 31, 2018

It is further agreed that any repairs or maintenance which, in the opinion of the Project Manager or his designated representative are beyond the scope of the employees covered herein to perfonn, are exempted from said jurisdiction.

The Union, in the exercise of its rights, agrees to keep the equipment covered herein in a clean and orderly condition.

The Union agrees that its members employed by EML/BMAR Joint Venture V, LLC will perform any and all duties required under the terms of the contract for maintenance and operation of the Postal Square Building, 2 Massachusetts Avenue, N.E., Washington, D.C.

1.6.8. Job Descriptions: The scope of duties of the classifications as listed in Exhibit "A" of this agreement shall be as follows:

a. Chief Engineer - To assist and act for the Project Manager in accomplishing tasks and duties in the performance and responsibilities required by the contract and the terms of the Collective Bargaining Agreement, or duties otherwise assigned by the Project Manager.

b. Lead Watch Engineer- Under the direct supervision of the Project Manager and Chief Engineer. To help provide direction to the work staff, or duties otherwise assigned by the Project Manager.

c. Stationary Engineer - To be responsible for all equipment during his/her watch to which assigned. Works under the direct supervision of the Project Manager or his designated assistant, or duties otherwise assigned by the Project Manager.

d. HV AC Maintenance Mechanic - To perform installation, scheduled and unscheduled maintenance and repair of all equipment and systems as described in Section 5 of this Article, or duties otherwise assigned by the Project Manager.

e. Maintenance Mechanic - To perform scheduled and unscheduled maintenance and minor repairs of all equipment and systems as described in Section 5 of this Article. Assists Maintenance Mechanics and Stationary Engineers in installation and major maintenance tasks or duties otherwise assigned by the Project Manager.

f. Lead Electrician - To assist the Project Manager and Chief Engineer in directing the electrical work load. Or duties otherwise assigned by the Project Manager.

g. Electrician - To perform all electrical trades functions necessary to install, maintain and repair the fixtures, equipment and system described in Section 5 of this Article, or duties otherwise assigned by the Project Manager.

Term: June 1, 2015 - May 31,2018

h. Maintenance Trades/Mechanic - To assist and perform tasks under the general supervision of a maintenance tradesman or mechanic. Perform locksmith duties or duties otherwise assigned by the Project Manager.

1. Maintenance Trades Worker I and II - Entry level positions to learn the maintenance trade and assist in the performance of those duties or duties otherwise assigned by the Project Manager.

J. Production Control Clerk - Performs all administrative duties for Project Manager. including, but not limited to preparing weekly planned maintenance work orders, receiving and disbursing service orders, preparing end of the month reports, maintaining weekly expenditure log, performing other duties as required or directed by management.

ARTICLE2

MANAGEMENT RIGHTS

2.1. Management Rights: The Employer shall have the exclusive right, subject to the provisions of this Agreement, and consistent with applicable laws and regulations to manage the business and direct the work force, including but not limited to the the following:

• To direct employees of the Employer in their performance of duties;

• To hire, promote, transfer, assign, lay off, and retain employees in positiOns within the building and to suspend, demote, discharge or take other disciplinary action against such employees subject to just cause and the provisions of Article 6 of this Agreement.

2.2. Work Assignment: All orders and work instructions shall be issued through the designated "Chief Engineer". If a Chief Engineer is not assigned, work instructions will be issued by the designated manager for the facility. The Chief Engineer shall have such responsibilities as may be delegated by his/her immediate supervisor and which are consistent with the efficient operation of the site.

2.3. Inherent Rights: The above rights of management are not inclusive of all rights, which belong to and are inherent to management. Any other rights, powers, or authority the Employer had prior to the signing of this Agreement are retained by the Employer, except those specifically abridged or modified by this Agreement and any supplemental agreements that may be hereafter made.

2.4. Work by Supervisors: Supervisors may perform bargaining unit work solely for instruction, training, employee relief breaks, and/or emergencies. Supervisors may perform bargaining unit work resulting from the absence of a full-time employee, providing a reasonable effort is made to replace that employee as soon as possible. This provision will not be used to avoid the payment of overtime for bargaining unit work.

Agreement Between IUOE, Local99 and EMLIBMAR for Postal Square Term: June I, 2015 - Mav 31. 2018

2.5. Chief Engineer: Should the Chief Engineer stand a regular watch, Section 5 shall apply to him; provided however, should the Chief Engineer not stand a regular watch, he shall receive no extra pay for overtime or lose pay for minor necessary or justifiable absence from duty.

2.6. Shift Differential: Employees who are regularly assigned to the first (1st) and third (3rd) shifts shall be paid a shift differential. Normally the first shift shall be defined as the night shift and the third (3rd) shift as the evening shift.

1st Shift

$1.35 $ 1.10

Shift differential will not be paid on overtime assignments or call backs. Shift differential will not be paid on sick leave, vacation, or holiday pay.

ARTICLE3

WAGES and WORK SCHEDULE

3.1. Pay Rates: Employee pay rates are contained in Exhibit "A" this Agreement.

Employees will be paid on the 1 O'h and 251h of every month.

3.2. Work Week: The work week begins at 0001 on Monday morning and ends 2400 on Sunday night. Full-time Employees will normally be scheduled to work five (5) consecutive, eight (8) hour days within each work week, exclusive of a lunch period of thirty (30) minutes. Employees will be assigned to a particular eight (8) hour shift based on qualifications and Employer requirements. Union seniority rights will take precedence when assigning individual employees to a specific shift. Engineer's shifts will be eight (8) hours.

3.3. Overtime: Employees will be paid overtime, at a rate of l Y2 times their base pay rate, for all hours worked in excess of eight (8) hours per day or forty (40) hours per week (but not both). Work performed on the seventh (71h) consecutive day worked will be paid at two (2) times the employee's base pay rate. Employer approval is required prior to working any overtime.

3.4. Days Off: Each employee shall have two (2) regularly assigned days off in each forty (40) hour week and, where practicable, these days shall be consecutive. Should an employee be assigned to work on either of his/her assigned days off, or both, he/she shall be paid accordingly. He/she shall not be assigned off on any of his/her regular working days.

3.5. Call Back: In the event that an employee is called back to work in an emergency or for any other reason (other than negligence on his/her part) after completing his/her regular work day and leaving the premises, he/she shall receive not less than four (4)

Term: June I, 2015- Mav 31, 20 18 hours pay for same. Emergency call backs follow overtime rules set forth in section 3.3 above.

3.6. No Loss: No employee shall suffer a reduction in salary, adverse change in working conditions or the loss of any benefit now enjoyed by him/her as a result of this Agreement, but this shall not be held to apply to the result of any rearrangement or re organization of personnel.

3.7. Work in a Higher Classification: Work performed by an employee in a higher rated job classification specified in this Agreement shall be paid for at the higher rate when the Employer expressly reassigns such employees to the work in the higher rated classification and the reassignment is for a substantial duration of time due to temporary changes in personnel or extended absences. Such difference will not be paid, nor will this Section be applicable to vacation relief, sick relief, absenteeism, bereavement or other short term situations with a fixed duration ofless than thirty (30) days.

ARTICLE4

AUTHORIZED ABSENCES

4.1. Vacations: Each employee covered under the terms of this Agreement is entitled to vacation based on his/her length of service. The length of service includes the whole span of continuous service from the date of employment (anniversary date) with the Employer, wherever employed, and with predecessor contractors in the performance of similar work at the site. Vacation accrual is shown below. Vacation hours are accrued on an annual basis on the employee's Anniversary Date.

• After six (6) months of service

• After one (I) year of service

• After three (3) years of service

• After ten ( 1 0) years of service

• After twenty (20) years of service

May use up to one week of vacation accrual.

The additional one week normally accrued in the first year will be granted to the employee on their first anniversary.

two (2) weeks vacation (unless 1 week was already used in the first 6 months of employment, then l week vacation three (3) weeks vacation four (4) weeks vacation five (5) weeks vacation

Time for taking said vacations shall be at the discretion of the Employer. Should a recognized holiday occur during an employee's scheduled vacation, he/she shall not be charged a vacation day. After six (6) months of service, should an employee's services be terminated for any reason, he/she shall receive forty (40) hours of vacation pay. A maximum of one (2) week's vacation (80 hours) may be carried over to the next year fo r all employees with written approval of the employer. This must be requested no later than 60 day prior to the employee's anniversary date. Unused vacation in excess of 80 hrs will be removed for the employee's vacation record and be forfeit.

II

Agreement Between IUOE, Local 99 and EMLfBMAR for Postal Square Term: June 1, 2015- Mav 31, 2018

The employer will attempt to keep an accurate and current vacation accrual to date on site and be available to employees upon request. The employee will report any discrepancies to his/her supervisor. Reported discrepancies will be corrected within a reasonable time frame.

4.2. HOLIDAYS

4.2.1. Authorized Holidays: The following holidays shall be recognized each calendar year and employees shall receive a day's pay for same:

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

Independence Day Labor Day Columbus Day Veterans' Day

Thanksgiving Day Christmas Day Presidents Inauguration Day (every 4 years)

A day's pay shall also be received for Holidays declared legal by the President of the United States, and/or the Congress of the United States, and approved by the Government Contracting Officer.

4.2.2. Holiday Pay: In weeks during which a holiday occurs on a scheduled work day and an employee is assigned off duty, he/she shall receive a day's pay for same. During such week(s) all work performed in excess of thirty-two (32) hours shall be paid for at one and one-half (I Yl) times the basic rate. The following additional provisions regarding Holidays also apply.

• If an employee works on any of these holidays, he/she shall be paid one and one half (11 /2) times the basic rate for all hours worked, in addition to holiday pay.

No employee shall be assigned to work less than eight (8) hours on a holiday.

• If a holiday falls on an employee's regularly scheduled day off and he/she is not required to work, he/she shall receive a day's pay for same.

• Should a holiday fall on a weekend, the day observed by the Federal Government shall be the recognized holiday.

• It is understood and agreed that in no event shall the sub-sections of this Section be combined or pyramided.

In order to be eligible for unworked Holiday Pay as hereinafter provided, an employee shall have met all of the fo llowing:

• Have completed thirty (30) calendar days of employment

• Be in the active employ of the company on the date of the holiday (i.e., not on leave of absence for any reason, or layoff)

• Worked his scheduled workday on the holiday if scheduled to do so.

Term: June), 2015 - Mav 31, 2018

• Worked his last scheduled work shift preceding the holiday and his first scheduled work shift following the holiday if not scheduled to work the holiday.

4.3. Sick Leave: Each full time employee covered under the terms of this contract shall be entitled to eleven (ll) days of sick leave per year.

Sick leave shall accrue to the full-time employee pro-rate over the year based upon the number of regular hours paid (up to a maximum of 40 hours per week).

Unused sick leave may be accumulated to a maximum of thirty five (35) days. All unused sick leave over 35 days shall be removed from the employees sick leave record and shall be forfeit.

It is agreed and understood that sick leave is intended for an employee's illnesses only.

After two single days of sick leave have been used in any time period, the employer may request that proof of illness or incapacitation be furnished by the Employee's licensed physician for the third sick leave day used.

The Employer agrees that the employees may schedule use of a two (2) sick leave days as a personal day off. The employee may do this two (2) times per year. The personal day requested must be requested one ( l) work week in advance and if the job requirements can be met; the Employer will allow up to two (2) days a year as personal days off

4.4. Bereavement Leave: Employees are authorized bereavement leave to attend the funeral of a relative. If any authorized bereavement leave day are normal working days for the employee, the employee shall suffer no loss in pay. No employee shall receive any part of bereavement 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. The length of absence authorized is specified below:

• Three (3) Days- Sister, Brother, grandchildren or Grandparent

• Five (5) Days - Spouse, Children, Parent or Parent-In-Law

4.5. Jury Duty: Employees actually serving on juries shall receive the difference between their straight-time weekly basic pay and the amount received while on jury duty for a maximum of ten ( l 0) days. They will be expected to work their regularly posted schedule on days when the jury is not in session. Proof of jury service and payment therefore is required.

4.6. Leave Without Pay: Leave without pay may be granted at the sole discretion of the Employer. Except in an emergency, a written request for Leave Without Pay must be submitted to the Employer and approved in writing prior to taking leave.

Term: June 1, 2015 - May 31, 2018

ARTICLES

HEALTH, WELFARE and PENSION BENEFITS

S.l. Health and Welfare Benefits: The Employer agrees to make contributions, as listed in this Agreement, for all full time employees and their dependents covered herein to the Health and Welfare Trust Fund of the International Union of Operating Engineers, Local 99-99A 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 IUOE plan meets all requirements under the Affordable Care Act (ACA). Part time employees are not eligible for medical benefits and dental coverage.

In the event that the Employer's contribution is less than the required contribution rate, as determined from time to time by the Trustees of the Local 99-99A, Health and Welfare Plan, the Employer shall, after written direction from the Union, deduct from the wages of each employee an amount equal to the difference between the Employer contribution and the Plan cost, as determined by the Plan Trustees. The contribution by the Employer, together with the amount withheld from the employees' pay, if any, shall be paid to the Plan Administrator no later than the twentieth (201b) of the month following the month in which the deductions were made.

COVERAGE June 1, 2015 January 1, 2016 January 1, 2017 January 1, 2018 Family $1,337.00 $1,438.00 $1,546.00 $1,624.00 Single $604.00 $650.00 $699.00 $734.00

5.2. Pension Benefits: The Employer agrees to contribute the amount specified below per hour for all hours paid, excluding overtime hours, not to exceed 2080 hours per year, for all employees covered herein, to the Central Pension Fund of the International Union of Operating Engineers and Participating Employers.

Classifications June 1, 2015 June 1, 2016 June 1, 2017

All Classes $8.05 $8.30 $8.55

ARTICLE6

DISCIPLINE, GRIEVANCE and ARBITRATION PROCEDURES

6.1. Discipline: In the administration of this Article, a basic principle shall be that discipline should be corrective in nature, rather than punitive. No employee may be disciplined or discharged except for cause, such as, but not limited to, insubordination, testing positive for illegal drugs, intoxication (drugs or alcohol), incompetence, failure to perform work as requested, violation of terms of this Agreement, failure to observe safety rules and regulations, or violation of other reasonable Employer rules or regulations. Any such discipline or discharge shall be subject to the grievance procedure of this Agreement, except for probationary employees, as set forth in Article 1, Section 1.6. 1.

6.2. GRIEVANCE

6.2.1. Definition: A grievance is defined as a dispute, difference, disagreement or complaint between the parties related to wages, hours, and conditions of employment. A grievance shall include, but is not limited to, the complaint of an employee, the Employer, or the Union, which involves the interpretation, application of, or compliance with the provisions of this Agreement.

6.2.2. Grievance Process: All grievances shall be presented as soon as practical after the occurrence upon which the same is based, but in no event later than five (5) working days if the same is a dismissal grievance, or no later than twenty (20) calendar days from the date the person knew or should have known about the grievance issue if the grievance arises from any other cause. In the event any grievance or dispute arises as to the interpretation, application, or any claimed violation of this Agreement, the Union and the Employer shall meet in an effort to reach an amicable settlement. Specifically, the matter shall be pursued as follows:

• Step 1: A first step meeting shall be held between the employee's Supervisor and the Shop Steward within seventy-two (72) hours from the date the grievance is filed with the Employer unless another date is set by mutual agreement. The Supervisor shall give the Shop Steward a written reply to the grievance within five (5) working days after this meeting. If this reply is unsatisfactory, the Shop Steward may appeal the decision to Step 2, provided such appeal is made within five (5) working days after the receipt of the Supervisor's reply.

• Step 2: A meeting between the Project Manager or his designee and the Business Representative or a designated representative of the Union shall be held within ten

(10) working days after receipt by the Employer of Notice of Appeal, unless another date is jointly agreed to by the Employer and the Union. The Project Manager shall make a reply to the Union in writing no later than ten (I 0) working days after meeting with the Business Representative.

6.3. ARBITRATION

6.3.1. Process: In the event that the matter remains unresolved after the second step, either party may, within ten (10) business days, unless extended by mutual consent in writing, refer the matter to binding arbitration. The parties shall choose an arbitrator from a panel to be proposed by the Federal Mediation and Conciliation Service. The arbitration shall proceed in accordance with the Rules of Labor Arbitration of the Federal Mediation and Conciliation Service. The parties agree that the decision or award of such Arbitrator shall be final and binding on each of the parties and that they will abide thereby. The Arbitrator shall have no authority to add to, subtract from, or to change any of the terms of the Agreement, to change an existing salary rate or to establish a new salary rate.

Agreement Between IUOE, Local99 and EML/BMAR for Postal Square Term: .June l, 2015 - Mav 31,2018

6.3.2. Arbitration Costs: Each party shall bear its expenses in preparing and presenting its own case. The cost of the Arbitrator's services and any other expenses incidental to the Arbitration, shall be borne equally by the parties.

ARTICLE 7

PART-TIME EMPLOYEES

7.1. Part-Time Employees: It is recognized and agreed that the Employer may hire employees to work less than thirty (30) hours in a scheduled workweek. Part-time employees may not be used to reduce the hours worked by the full -time employees below forty ( 40) hours in a workweek or eighty (80) hours in a pay period.

Part-time employees shall not be used to work recognized holidays that fall in the regular workweek (Monday -Friday) unless each full-time employee in the specific classification at that worksite has been offered the work and declined to do so.

Part-time employees may be used to cover shifts or fill in for full-t ime employees who are absent from work. Should a full-time vacancy become available, part-time employees shall be considered for the position. Nothing in this Agreement shall constitute a guarantee of a certain schedule or a minimum or maximum of hours.

Part-time employees are entitled to the following benefits:

(a) In lieu of health and welfare benefits , each part-time employee shall be paid the amounts li sted below per hour worked above the wage rate shown in Exhibit "A".

June 1, 2015 $2.60

(b) Part-time employees shall have pension contributions made on their behalf to the Central Pension Fund for all hours worked as set forth in Article 5, Section

5.2 of the current Agreement (not to exceed [ 40] hours per week).

(c) Part-time employees that work on a holiday shall be paid their regular wage plus holiday pay.

(d) All other benefits (i.e. sick leave, vacation, jury duty, and funeral leave) shall be paid on a "pro-rata" basis. However, partime employees shall not be entitled to use accrued sick leave for personal days.

(e) J.A.C contributions shall be made according to the current Collective Bargaining Agreement.

All other terms and conditions of the current Collective Bargaining Agreement apply to part-time employees.

Term: .June l, 2015 - Mav 31, 2018

ARTICLE 8

MISCELLANEOUS PROVISIONS

8.1. JAC Contribution: The Employer agrees to pay the amount indicated in the table below per quarter per employee covered herein, to the Treasurer of the Local 99-99A, I. U.O.E. Joint Apprenticeship Trust.

June 1, 2015 S60/Quarter

8.2. Tools: Each employee will furnish his/her own small hand tools. Any such tool, however, which is damaged or broken in performance of the work will be given to the Employer and replaced by the Employer. Any tools or equipment issued to the employees by the Employer shall be the responsibility of the employee and employee shall make the Employer whole for any and all losses.

8.3. Uniforms: The Employer agrees to furnish the employees sufficient work uniforms to be worn during working hours while on duty. If employees are required to wear safety shoes, the Employer will reimburse the employees, with receipt, up to one hundred sixty ($160.00) per calendar year.

8.4. Bulletin Boards: The Employer agrees to provide the Union with a bulletin board.

However, all material to be posted requires the approval of the Employer prior to posting.

8.5. Building Closures: Any Presidential declaration closing the building, any natural disaster or act of God in which the Employer is responsible to work under contract and the building closes, the Employer will pay all essential personal in accordance with the current Collective Bargaining Agreement. All essential personnel will be identified by EMLIBMAR Management at time of occurrence.

ARTICLE 9

NO STRIKE/NO LOCKOUT

9.1. No Strike/No Lockout: The Union agrees not to engage in any strike, slow-down or interruption of work during the term of the agreement. There shall be no strike, work stoppage, or interruption in protest of any decision of an Arbitrator. The Employer agrees not to engage in any lockout during the term of this Agreement.

ARTICLE 10

COLLECTIVE BARGINING AGREEMENT ADMINISTRATION

10.1. Successorship: This Agreement embodies the entire agreement between the Employer and the Union, and shall inure to the benefit of and shall be binding upon the

Agreement Between IUOE, Local99 and EML/BMAR for Postal Sq uare Term: June 1, 2015- Mav 31,2018 heirs, executors, administrators, successors, and assigns of the parties hereto. No provision shall be construed in any manner so as to restrict the Employer from the complete operation and management of its business and plants or in the direction of the working forces. The Employer in the exercise of its rights, however, shall observe the provisions of this Agreement. The successor shall be required to assume any and all accrued sick leave and seniority, which the employees may have accumulated during his/her employment with the previous Employer.

10.2. Invalid Provisions: In the event any article, section or provision of this Agreement is held improper or invalid by any civil authority, agency or court, such article, section or provision shall not invalidate other portions of this Agreement, and if any part of this Agreement is in conflict with or not in compliance with the Labor-Management Relations Act, 1947, any amendments or additions thereto, such parts of this Agreement shall automatically be deleted from this Agreement.

By:

Term: June I, 2015- May 31, 2018

ARTICLE 11

TERM OF AGREEMENT

This Agreement shall be in full force and effect from the first (1st) day of June 2015 to and including the thirty first (31st) day of May, 2018, and shall renew from year to year unless not less than sixty (60) days prior to an anniversary date of this Agreement written notice to the contrary is given.

IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written.

For: EMPLOYER

EML/BMAR Joint Venture V, LLC At

Postal Square 2 Massachusetts Avenue, NE

Washington, DC

Signature

Printed Name

Printed Title

By:

By:

For: UNION

International Union of Operating Engineers, Local 99-99A

2461 Wisconsin Avenue, NW Washington, DC 20007

Business Manager

Approved: Aprill4, 2015

Recording Corresponding Secretary

Term: June 1, 2015- Mav 31, 2018

EXHIBIT "A''

The wages for the following classifications shall not be less than the amounts listed below per hour:

Effective Effective Effective

CLASSIFICATION 06/0112015 06/0112016 06/01/2017

Chief Engineer $49.43 $50.66 $5 1.93 Lead Watch Engineer $37.90 $38.85 $39.82 Stationary Engineer $36.04 $36.94 $37.86 HV AC Maint. Mechanic $35.70 $36.59 $37.51 Maintenance Mechanic $35.44 $36.33 $37.24 Lead Electrician $38.77 $39.73 $40.73 Electrician $35.77 $36.67 $37.58 Plumber $33.24 $34.07 $34.92 Maintenance Trades

$30.17 $30.92 $31.69 Mechanic Production Control Clerk $28.76 $29.48 $30.22 Maint. Trades Worker I $22.01 $22.57 $23.13 Maint. Trades Worker II $23.03 $23.61 $24.20 Laborer $17.77 $18.22 $18.67

The wages of the Apprentice Engineer shall be based on the Engineer's wage scale and shall be as follows:

50% for the first six months of apprenticeship 55% for the second six months of apprenticeship 60% for the third six months of apprenticeship 65% for the fourth six months of apprenticeship 70% for the fifth six months of apprenticeship 75% for the sixth six months of apprenticeship 80% for the seventh six months of apprenticeship 85% for the eighth six months of apprenticeship

The Apprenticeship shall be for a period of not more than four (4) years.

All overtime, unless otherwise specified, shall be at the rate of time and one-half (1-l /2) times the basic rate.