AA553400 - Mess Attendant - CBA 2020-0104_Rev 01_05.06.2020 - Amendment 0002.pdf

REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 2020‐0104

Daniel W. Simms Division of | Revision No.: 1 Director Wage Determinations| Date Of Last Revision: 05/06/2020 Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

State: Virginia

Area: Virginia County of Accomack Employed on DHS contract for mess attendant services

Collective Bargaining Agreement between Diamond Services Corporation and ITPE Union, OPEIU Local 4873 AFL‐CIO, effective June 30, 2020 through June 29, 2023.

In accordance with Sections 2(a) and 4(c) of the Service Contract Act, as amended, employees employed by the contractor(s) in performing services covered by the Collective Bargaining Agreement(s) are to be paid wage rates and fringe benefits set

Mess Attendant ATTACHMENT 3 : CBA Solicitation #70Z08420QAA553400 forth in the current collective bargaining agreement and modified extension agreement(s).

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors, applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health‐related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health‐related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is the victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

DIAMOND SERVICES CORPORATION INC.

AND

INDUSTRIAL, TECHNICAL AND PROFESSIONAL

EMPLOYEES UNION, OPEIU LOCAL 4873, AFL-CIO

COVERING FOOD SERVICE EMPLOYEES

AT

THE UNITED STATES COAST GUARD

CHINCOTEAGUE, VIRGINIA

EFFECTIVE: JUNE 30, 2020- JUNE 29, 2023

Table of Contents

PREAMBLE

ARTICLE I - UNION RECOGNITION

ARTICLE II - UNION SECURITY AND MEMBERSHIP

ARTICLE Ill - EQUAL OPPORTUNITY

ARTICLE IV -ACCESS TO UNIT

ARTICLE V - PROBATIONARY PERIOD

ARTICLE VI - SENIORITY

ARTICLE Vil - DISCIPLINE

ARTICLE VIII - GRIEVANCE PROCEDURE ........ ... ..... -

ARTICLE IX - ARBITRATION

ARTICLE X - MILITARY LEAVE

ARTICLE XI - LEAVE OF ABSENCE

ARTICLE XII - SHOP STEWARDS

ARTICLE XIII - REST PERIODS

ARTICLE XIV- LAYOFFS AND RECALLS

ARTICLE XV - WAGES

ARTICLE XVI - OVERTIME

ARTICLE XVII - HEAL TH AND WELFARE

ARTICLE XVIII - PENSION

ARTICLE XIX - UNIFORM ALLOWANCE

ARTICLE XX - VACATION

ARTICLE XXI - HOLIDAYS

ARTICLE XXII - SICK LEAVE

ARTICLE XXIII - BEREAVEMENT LEAVE

ARTICLE XXIV -JURY DUTY

ARTICLE XXV - INDIVIDUAL CONTRACTS

ARTICLE XXVI - NO STRIKE - NO LOCKOUT

ARTICLE XXVII - PICKET LINE

ARTICLE XXVIII - EMPLOYEE INJURY

ARTICLE XXIX -GOVERNMENT REQUIREMENTS

ARTICLE XXX - GENERAL

ARTICLE XXXI - DURATION

APPENDIX A-WAGES

APPENDIX B - HEAL TH AND WELFARE

APPENDIX C - VACATIONS

APPENDIX D - SICK LEAVE

APPENDIX E - HOLIDAYS

APPENDIX F - PENSION

APPENDIX G - JURY DUTY

APPENDIX H - BEREAVEMENT LEAVE

APPENDIX I - UNIFORM ALLOWANCE

Diamond Services Corporation Inc Chincoteague VA

PREAMBLE

THIS AGREEMENT is entered into by and between Diamond Services Corporation , hereinafter referred to as the "Company" and Industrial, Technical And Professional Employees Union. OPEIU Local 4873, AFL-CIO, hereinafter referred to as the "Union", as representative of its non-supeivisory food service employees located at The United States Coast Guard, Chincoteague, VA, hereinafter referred to as the "Base", in the mutual interest of the employees and the Company to promote and further the efficiency and economy of operations. to provide orderly collective bargaining relations. a method for the prompt and equitable disposition of grievances, and a method for the establishment of fair wages. hours and working conditions for the employees covered hereunder. In making this Agreement, it is recognized to be the duty of the parties to cooperate fully with each other, both individually and collectively, for the advancement of the purposes of this Agreement.

THIS AGREEMENT supersedes any and all prior agreements between the Company and the Union.

2 Diamond Services Corporation Inc.

Chincoteague, VA

ARTICLE I- UNION RECOGNITION

Section A

The Company hereby recognizes the Union as the sole bargaining agent for all of its non supervisory food service employees at the USCG Base in Chincoteague, Virginia .

hereinafter referred to as the "Base".

Section B

Whenever the words "employee" or "employees" are used in this Agreement, they design ate only such employees as are covered by this Agreement. Whenever in this Agreement employees or jobs are referred to in the male gender, it will be recognized as referring to both male and female employees.

Section C

It is understood by th is section tha t the parties hereto shall not use any leasing or subcontracting device to evade the terms of this Agreement. This Agreement will be binding on any subcontractors. The Company shall give a copy of this Agreement to the Contracting Officer at the Base.

ARTICLE II- UNION SECURITY AND MEMBERSHIP

Section A

It shall be a condition of employment that all employees of the Company 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 or after the thirtieth (30th) day following the effective date of this Agreement or the execution date, whichever comes later, become and remain members in good standing of the Union. It shall be a condition of employment that all employees of the Company covered by this Agreement and hired on or after its effective date or execution date, whichever comes later, shall on or after the th irtieth (30th) day following the beginning of such employment become and remain members in good standing of the Union.

Section B

Union Shop Provision to take effect if prohibition law invalidated.

The provisions of Article II , Section A, shall be deemed to be of no force and effect in any state whose law governs this contract to the extent to which the making or enforcement of such provisions is contrary to statutes, constitutional amendment or the law of such state, provid ed however, that whenever any such court of last resort having jurisdiction of such questions find s the state law to be invalid or inapplicable, the provisions of Section A above sh all immediate ly thereupon be deemed to cover the bargaining unit or employees directly affected by su ch declaration of invalidity.

Section C

If the provisions of Article II, Section A shall be deemed to be of no force and effect, the following shall govern: Employees who are members of the Union on the date of execution of this Agreement, and employees who join the Union subsequent to the execution here of, sh all maintain their membership in the Union as a condition of employment during th eterm thereof.

Section D

The Company will deduct from the wages of any employee covered by this agreement said employee's dues as a member of the Union upon receiving the employee's voluntary and individual written authorization for the Company to make such deductions. signed by the employee. Such authorization form shall be provided by the Union. n,e Company will pay over to the proper officer of the Un•on the wages withheld for such 1njt1ation fees and dues The remittance shall be accompanied by a list showing individual names, addresses, social security numbers. dates hired and amounts deducted. The total remittances are to be made not later than fifteen (15) days after deduction. The Union shall advise the Company of the amount of the initiation fees and dues and the manner in which same shall be deducted. The amount so withheld, less any amounts due to any improper withholding, shall be reported and paid to the Union monthly.

Section E

Payment for membership dues shall not be required as a condition of employment during leaves of absence without pay in excess of thirty (30) days or during period of permanent transfer to a classification not covered by th is Agreement.

Section F

In the event of termination of employment, there shall be no obligation upon the Company to collect dues until all other deductions have been made.

Section G

The Company wil l make available to the Union a list of newly hired and terminated employees covered by this agreement. Such lists will be prepared monthly and will show the name, social security number, address, job classification and hire or termination date of such employees who were hired or terminated during the month for which the list is prepared.

Section H

The Company shall notify the Union of all job openings within the unit covered by this Agreement. The Union may refer applicants for such openings. In interviewing and hiring for such job openings. the Company will not discriminate against any applicant referred by the Union. Nothing in this contract, however, shall be construed to create an exclusive hiring hall arrangement, and the Company shall at all times be free to advertise and list said job openings with employment agencies and to otherwise fill its job openings from any sources available to the Company, including, but not limited to, employees employed by the Company at other locations of the Company or its franchisees not covered by this Agreement.

Section t

The Company shall be the judge of the qualifications of its employees, but shall give full consideration , without prejudice to the members of the Union, provided that they have the necessary qualifications.

Section J

The Union agrees to indemnify and save the Company harmless against any claim, suits, judgments or liabilities of any sort whatsoever arising out of the Company's compliance with the provisions of th is Union Security and Membership Article.

ARTICLE Ill - EQUAL OPPORTUNITY

Section A

In accordance with the established policy of the Company and the Union, the provisions of this Agreement will apply equally to all employees hereunder, regardless of sex, color, age, race, creed or national origin . The Company and the Union also recogn ize the desirability of implementing the national policy of providing equal opportunity to all persons and agree to work actively toward the implementation of that policy.

Section B

There will be no discrimination against any employee on account of membership in, or activity on behalfof, the Un ion.

ARTICLE IV -ACCESS TO UNIT

Duly authorized representatives of the Union shall be permitted to investigate the standing of al I employees and investigate conditions to see th at the agreement is being enforced, provided that no interview shall be held during rush hours, or unreasonably interrupt the duties of the employee. The Company shall be notified by the Union Representative before he shall take action with persons involved. The representative of the Un ion shall contact the highest ran king company representative then present at the facility and inform him of the circumstances. The Employer and the Union representative shall conduct themselves in such manner as to carry out the intent and spirit of this section.

ARTICLE V -PROBATIONARY PERIOD

Section A

Every new employee and any employee rehired after a break in sen iority under Article VI of th is Agreement shall be on probation for the first ninety (90) days of employment or re-employment.

Chincoteague. VA

Section B

At any time du ring the probationary period, an employee may be discharged for any reason, and any such employee so discharged shall not have the right to file a grievance or have other recourse to the grievance procedure.

Section C

Any employee promoted to a job classification covered by th is collective bargaining agreement from a lower-paid classification shall be on probation tor the first ninety (90) days of employment in the new classification. At any time during su ch a probationary period, the company may, for any reason , return the employee to th at employee's former position without any loss of sen ,onty and any such employee shall not have the rightto file a grievance or have other recourse to th e grievance procedure with regard to any such return to former classification. A promoted employee shall , during the ninety (90) day period and thereafter, have the right to file a grievance and resort to the grievance procedure with regard to all other matters covered by this agreement.

ARTICLE VI - SENIORITY

Section A

It is agreed that the Company and the Union will meet for the purpose of establishing a seniority list for all employees employed in the unit at the time of the signing of the Agreement. Said seniority list will be based upon official records of the Union, of the company, and predecessor contractors. Not later than fifteen (15) days prior to the expiration of the Company's contract covering the Base, the Company shall furnish the Union and the successor contractor a list of its current employees together with their dates of hire and the dates their last vacation pay was paid by the Company. The following Sections in this Article shall become applicable and sh all be in force and effect upon the establishment of said seniority list. In establishing the initial seniority list for employees atthe time of the signing of this Agreement, employees transferred to the Base covered by this Agreement shall receive seniority in accordance with their tenure of service with the Company or its franchise as the case may be, regardless of where such service was performed. Other employees transferred to the Base covered by this Agreement by the Company to fill vacancies shall I ikewise receive seniority in accord a nee with their tenure with the Company or its franchise, as the case may be, regardless of where such service was performed. Seniority sh all for all purposes of th is Article be on the basis of job classification , unless specifically stated otherwise.

Section 8

In the event that the Company finds it necessary to lay-off employees for any reason , other than disciplinary, such lay-offs shall be on the basis of sen iority, i.e., the employee on duty in the establishment where the layoff occurs having the shorter period of continuous service with the Company shall be laid off before any other employee having a longer period of continuous service. The Company shall recall such laid-off employees in the reverse order. Senior employees shall have preference of full-time employment at all times if equal distribution of work is impossible. Senior employees may, however, exercise their seniority rights by taking a job in a lower classification.

Section C

Employees shall have the right to select available work schedules by seniority in job assignments for which they are qualified . Work schedules are defined as morning, night and evening shifts for which they are qualified. Each employee shall be given his work schedule .

The work schedule for each week shall be posted at least four (4) days prior to the beginning of the work week.

Section D

Except as otherwise provided in Section A of th is Article, seniority shall be measured from the date of the employee's initial hire at the base with the Company or a predecessor contractor engaged in providing similar services at the base. provided there has been no break in seniority under Section E of th is Article.

Section E

An employee shall lose his seniority upon his retirement, resignation or discharge for just cause An employee will be considered to have resigned if he:

(1) fails to report to work on the day following expiration of an authorized leave of absence, unless failure to report is due to conditions recognized byth e Company to be beyond the control of the employee and he reported such conditions as soon as possible;

(2) is on lay-off for a period exceeding one (1) year;

(3) is absentfrom work for two (2) consecutive work days without properly notifying the Company of the reason for absence even though the reason for such absence is beyond the control of the employee; or in any event, fails to report for work as scheduled without such reason;

(4) fails, while on layoff, upon notice from the Company that work is available, to report to the Company for work as soon as practicable, but notlaterthan seven (7) work days and provided that the employee notifies the Company within three (3) days of such notice that he will return to work within the seven (7) day period.

The Company fulfills its obligation under this section by sending notice by telegram or by certified letter to the last known address of the employee. It is the obligation of the employee to keep the Company informed of his current address and telephone number.

Section F

An employee who has occupied a position with the Company covered by this agreement and who accepts a position with the Company in a classification not covered by this agreement wi II continue to accrue seniority for nine (9) months, after which period he shall retain his accumulated seniority, provided he remains in the employ of the employer.

ARTICLE VII· DISCIPLINE

No employee shall be disciplined or discharged withou t just cause, and all disciplines or discharges will be subject to the grievance procedure and arbitration clause. All reprimands and discharges shall be in writing and shall be signed by the Project Manager. Copies of the reprimand or discharge notice shall be given to the employee reprimanded and to the shop steward. Each reprimand shall be cancelled after one (1) year. Three (3) reprimands may result in immediate dismissal. Theft, intoxication on the job, refusal to perform work as directed, illegal use of drugs may result in immediate dismissal regardless of the number of prior reprimands.

ARTICLE VIII• GRIEVANCE PROCEDURE

Section A

A grievance is defined as a claim or dispute by the employer or employee or the Union concerning the interpretation or the application of this Agreement.

Section B

All grievances must be presen ted in writing and filed and processed in accordance with the following exclusive procedure:

Step 1: The employee who has a grievance shall discuss it with the Project Manager either himself or th rough his shop steward. If the grievance is not settled at th is Step, it may be appealed by the Union Representative to the Project Manager to Step 2 within five (5) days of the Step 1 meeting . Company grievances shall be processed beginning with Step 2.

Step 2 : The Union Representative and the Project Man ager will discuss the grievance. If the grievance is not disposed of to the satisfaction of the party filing the grievance at Step 2, the grievance may be appealed to Step 3 by the party or representatives of the party filing the grievance by filing a written appeal to the opposing party with in seven (7) days after Step 2.

Step 3: Within seven (7) days after the appeal of the opposing party, the parties (the Company represented by its designated representative and the Union represented by its designated representative)will meetto attempt to settle the grievance. The party being complained against shall render the party's decision within five (5) days of such meeting .

If the grievance is not disposed of to the satisfaction of the complaining party, the grievance may be appealed to arbitration by the party fi ling the grievance lodging a written appeal with the other party with in ten (10) days of receipt of such written decision.

Section C

A grievance involving discharge of an employee shall be brought directly to Step 2 and mu st be filed within five (5) days of discharge.

Section D

A grievance not involving discharge shall be withouteffectunless filed in writing within seven (7) days from the date the complaining party discovered the facts or should have discovered the facts giving rise to the grievance.

Section E

Shop stewards shall be afforded time off without loss of pay to investigate, discuss and present grievances. Such time shall be kept at a minimum

Section F

At any step of the grievance procedure, the Company or the Un ion may designate a subst itute for the official designated herein other than persons who have previously participated in such grievance. The officially designated representative of either party may be accompanied by two

(2) other persons at any Step of the procedure except Step 1. The parties may mutual I y agree that further representatives may be present.

Section G

The time limits set forth in this Article may be extended mutually in writing. Time limits are exclusive of Saturday, Sunday and recognized holidays.

ARTICLE IX~ ARBITRATION

Section A

Within ten (10) days after the fi ling of the notice of the intent to submit the unsettled grievance to arbitration , the parties shall attempt to mutually select an impartial arbitrator. If the parties are unable to agree with in five (5) days of th at meeting u pan the choice of an arbitrator, they sh a II request the Federal Mediation and Conciliation Service to submit a list of five (5) persons qualified to act as the impartial arbitrator. A representative of the Company and a representative of the Union shall meet within five (5} days of the receipt of the list and sh all alternately strike two (2) names from the list, the party to strike first to be selected by lot. The fifth (5th), remaining person shall thereupon be selected as the impartial arbitrator.

9 Diamond Services Corporation Inc

Within ten (10) days after the selection of the arbitrator, the parties shall enter into a submission agreement, which shall clearly state the arbitrable issue or issues to be decided. If the parties are unable to agree on a joint statement of the arbitrable issue or issues to be decided by th e arbitrator, the submission shall contain the written grievance and the disposition of the same with the notation that the parties could not agree upon a submission agreement.

Section C

During the hearing , each party shall have full opportunity to present evidence and argument, both oral and documentary. The impartial arbitrator will render his finding and award in writing within thirty (30) calendar days after the conclusion of lt1e hearing. The decision of the 1mpari 1al arbitrator shall be final and binding. The impartial arbitrator shall have no au thonty to modify .

amend, revise, add to or subtract from any of th e terms or conditions of this Agreement.

Section D

The fees of the arbitrator and necessary expenses, including transcript, if desirable, of any arbitration proceeding shall be borne equally by the Company and the Union except th at each party shall pay the fees of its own counsel or representative. If an employee witness is called by the Company, the Company will reimburse him for time lost at his regular straight time base rate. If an employee witness is called by the Union, the Union will reimburse such personnel for time lost.

ARTICLE X ~MILITARY LEAVE

Section A

Employees entering the military or naval service, Red Cross, or other combat relief service or conscripted civil service of the United States during the life of this Agreement will be placed on military leave of absence in accordance with the provisions of the Universal Military Training and Service Act, and will retain their seniority while in such service and be returned to their former positions upon honorable discharge from service, provided they are physically and mentally capable of working.

Section B

An employee who is a member of a military reserve un it and who is required to participate in active training will be granted a leave of absen ce without pay for the period of such training duty, notto exceed thirty (30) days in any year.

Section C

An employee applying for leave under this Arti cle will give the Company at least five (5) working days notice prior to reporting date, if possible.

ARTICLE XI-LEAVE OF ABSENCE

Section A

Employees are entitled to leaves of absence not exceeding one ( 1) year for good cause. Su ch leave of absence may be granted for restoration of health, medical, dental, or other treatment, maternity leave, or employment by the Union , and shall not prejud ice seniority status for purposes of layoffs and recalls

Section B

A leave of absence under this Section will not be con sidered employment time forsenionty. For example, an employee works continuously famine (9) months and is granted a th irty (30) day leave of absence without pay. When the employee retu rns to work, he has nine (9) months seniority and will be required to work three (3) more months in order to have one (1) year seniority.

Section C

Upon return from a leave of absence, the employee will be returned to work for which he can qualify in his job classification on the basis of seniority.

Section D

Any employee who engages in gainful employment without permission of the Company while on leave of absence shall be subject to discharge.

Section E

All leaves of absence must be applied for in writing and, if granted, must be granted in writing by the Company.

Section F

Allleavesofabsenceshallbeforaspecificdesignatedperiodoftime, and an employee may return to work earlier than the specifically designated date for his return only with the consent of the Company.

ARTICLE XII - SHOP STEWARDS

Section A

Shop stewards shall be designated by the Union from the group he or she is to represent, and the Union will notify the Company of the duly designated shop steward(s) at the Base.

1 l Diamond Services Corporation Inc

The shop stewards shall not interfere with management of the business or direct any work of any employee, but may advise the Company of any violations of the Agreement and also notify the employee participating therein .

Section C

Prior to leaving the work area, the shop steward will request permission from the supervisor.

The shop steward will not leave the work area during rush hours.

Section D

Shop stewards shall be entitled to top seniority at the Base to the fullest extent allowed by law.

Section E

A telephone will be made available, if possible, to the shop steward for the purpose of communicating with the Union. Such calls will be placed at no costto the Company.

ARTICLE XIII - REST PERIODS

An employee who is scheduled to work for not less than four (4) continuous hours on a shift shall be entitled to one paid ten (10) minute unscheduled rest period du ring each four (4) hours or part thereof.

ARTICLE XIV - LAYOFFS AND RECALLS

In the event of a reduction of forces, the Company will give reasonable notice of layoff, under the circumstances, to the employees with the least seniority, and will recall employees in the reverse order; such layoffs and recalls will be by job classification. No new employees will be hired until all qualified, laid-off employees have been recalled.

ARTICLE XV-WAGES

The schedule of effective wage rates and job classifications for employees is as set forth in Appendix A attached hereto.

ARTICLE XVI - OVERTIME

Section A

One and one-half (1 ½) times the hourly rate of pay will be paid for all hours worked in excess of sixteen (16) hours in any one day.

One and one-half (1 ½) times the hourly rate of pay will be paid for all hours worked in excess of forty (40) hours in a week.

].? Diamond Services Corporation Inc

When a regular employees is called to work within two (2) hours of starting time of his next regular shift, he will receive (2) hours at the applicable rate.

Section C

A regular employee who has completed his shift, has left the Company property and is thereafter called for work at any time prior to two (2) hours before his next scheduled shift , w i 11 be provided with four (4) hours of work or pay therefore at the applicable rate .

Section D

When an employee works more than eight (8) hours in any twenty-four (24) hour period due to a change of shift pu rsuantto his request, orin accordance with the regular rotation of employees , such employee shall receive only straight time for the second eight (8) hours or portion th ere of worked during such twenty-four (24) hour period.

Section E

When an employee other than a security guard works overtime beyond his shift, he will be entitled to a ten (10) minute rest period atthe completion of his regular shift, and another such rest period at the completion of his tenth (10th ) consecutive hour if he is requ ired to work beyond ten (1 0) hours. On the same basis, similar rest periods will be provided after each additional two

(2) hours worked. Such periods will be scheduled as near to the appointed time asap plicable, su bjectto requirements of the service.

Section F

Overtime w ill be distributed among the employees qualified to perform the work necessitating overtime within the appropriate crew or shift as equitably as practicable. Overtime I ists will be made available to shop stewards on request. The Company will give as much notice of overtime as practicable.

Section G

No overtime w ill be worked except by prior direction of the proper supervisory personnel of the Company, except in case of emergency and when prior authority cannot be obtained.

Section H

For overtime purposes a day is the twenty-four (24) hour period beginning with the daily starting time as set-forth in the Company's contract with the Government.

Section I

13 Diamond Services Corporation Inc

Nothing herein shall be construed to require or permit the pyramiding of overtime or overtime pay.

ARTICLE XVII-HEALTH AND WELFARE

The Company shall pay the Health and Welfare benefits as set forth in Appendix B attached hereto.

ARTICLE XVIII- PENSION

The Company shall pay the pension benefits as set forth in Appendix F attached hereto.

ARTICLE XIX -UNIFORM ALLOWANCE

Proper uniforms will be furnished and laundered by the Company without cost to the employee provided , however, that the Company may require or permit employees to launder and maintain uniforms furnished by the Company. When any employee is required or pe rmitted to launder and maintain Company furnished uniforms or to provide and/or maintain safety equipment, he will be compensated as set forth in Appendix I attached hereto. Such payments shall not be for more than forty (40) hours per week for each employee.

ARTICLE XX-VACATION

Section A

Employees shall be entitled to paid vacations as set forth in Appendix C attached hereto.

Section B

Vacations will not be accumulated from year to year, nor taken back to back. If the Company consents, the employee may elect not to take his vacation, in which case he will receive pay in lieu thereof, on the anniversary date of his employment. The employee may take his vacation in more than one segment with the consent of the Company.

Section C

An employee will receive an extra day's vacation or be paid an extra day's pay for a paid holiday which falls within his vacation period, in accordance with the provisions of Article XXI - Holidays.

Section D

Vacation will be granted at th e times most desired by the employees in order of their sen iority with in their work shifts, but the final right as to allotment and scheduling of vacation periods is reserved to the Company in order to assure the orderly operation of its business. Except in cases of emergency, a vacation period once assigned will not be cancelled by the Company except with the agreement of the employee.

Section E

Temporary layoffs or leaves of absence during the year will not interrupt the continuity of service for the purpose of eligibility for vacation, and shall be counted toward the required year for each vacation period.

ARTICLE XXI-HOLIOAYS

Section A

Holidays, for which every employee will be compensated at the hourly base rate of pay, are set forth in Appendix E attached hereto.

Section B

In computing the number of hours for which an employee is entitled to compensation , the proportion which of the numberof hours worked by an employee during the preceding normal work week bears to forty (40) hours shall be applied to eight (8) hours to determine the number of paid hours said employee is entitled to receive. For example, if an employee worked thirty

(30) hours during the normal work week preceding the holiday week, his holiday pay would be computed by 3/4 (30/40) of eight (8) hours and multiplying the resulting six (6) hours by his hourly base rate of pay.

Section C

Any work performed on a holiday will be paid at the employee's regular rate of pay in addition to the holiday pay. If any of the named holidays fall on a non-working day, the employees sh all either observe the holiday on the following working day or shall receive pay for their average nu mberof hours normally worked in lieu of the observance above theirnormal compensation for work performed.

Section D

In the event that one of the holidays occur during the employee's vacation, the employee will receive an additional day of paid vacation , unless the employee and the Company agree that he may receive pay in lieu thereof.

Section E

When the Company requires work on any shifts on a holiday, it shall post a notice of such requirement at least seven (7) days prior to that holiday.

Section F

In order for an employee to qualify for a paid holiday, he must have worked his regularly scheduled work day immediately preceding the holiday and his regularly scheduled work day immediately following th e holiday.

ARTICLE XXII - SICK LEAVE

Sick leave will be paid as set forth in Appendix D attached hereto.

ARTICLE XXIII- BEREAVEMENT LEAVE

Employees shall be entitled to paid Bereavement Leave as set-forth in Appendix H attached hereto.

ARTICLE XXIV-JURYDUTY

Jury duty will be paid as set forth in Appendix G attached hereto .

ARTICLE XXV - INDIVIDUAL CONTRACTS

No employee shall be compelled or allowed to enter into any individual contract or agreement with his employer concerning the conditions of employment contained herein.

ARTICLE XXVI - NO ST RIKE -NO LOCKOUT

Section A

During the term of this Agreement, the Un ion shall not authorize, cause or engage in, sanction or assist in any work stoppage, strike or slow down of operations.

Section B

During the term of this Agreement, the Company shall not cause, permit or engage in any lockout of its employees.

Section C

The Company reserves the right to discharge or otherwise discipline any employee taking part in any violation of this provision of the Agreement.

ARTICLE XXVII -PICKET LINE

Refusal of an employee to cross a bona fide picket line established by a labor organization claiming to have a dispute with the Company and approved by the Union shall not be construed to be a breach of this Agreement. This provision is not applicable to security guards.

ARTICLE XXVIII - EMPLOYEE INJURY

An employee injured during working hours shall receive the rest of the day off with out I oss of pay, provided that the injuries are such that a doctor orders the employee notto return to work.

1 6 Diamond Services Corporation Inc

ARTICLE XXIX -GOVERNMENT REQUIREMENTS

The Union agrees to cooperate with the Company in all matters required by the United States Government, and the Union recognizes that U1e terms and conditions of the Agreement are subject to certain sovereign priorities which the United States Government may exerci se. The Union agrees that any actions taken by the Company pursuant to a requirement of the United States Government shall not constitute a breach of the Agreement. Nothing in this Agreement shall be construed to prevent institution of any change prior to discussion with the Union where immediate change is required by the United States Government. The Company will, however, negotiate with the Union concerning the effects of any such change.

ART~LEXXX-GENERAL

Section A

This Agreement, when accepted by the parties hereto and signed by the respective representatives thereunto duly authorized, shall constitute the sole agreement between th em involving the employees covered by this Agreement. Any alteration or modification of this agreement must be made by and between the parties hereto and must be in writing.

Section B

In the event any provision of this Agreement is declared invalid by any competent court or governmental agency on account of existing or future legislation , such invalidation shall not affect the remaining provisions of this Agreement.

Section C

Any employee leaving the service of the Company will , upon request from the employee, be furnished with a letter setting forth the Company's record of his Job classification. stating his length of service and beginning and ending rate of pay.

Section D

Employees entering the service of the Company may be required to take a physical examination specified by the Company. Any time thereafter, an employee may be subjected to further physical examinations during the course of his employment or recall to service after layoff or leave of absence. The physical examinations wi l I be administered at no costto the employee.

Section E

The Company shall provide bulletin board space for use by the Union.

Section F

Company payroll records with respect to any employee in the unit whose pay is questioned will

: I Diamond Services Corporation Inc be provided upon request of the Union within a reasonable period of time, except for payroll records with respect to the current period with respect to such an employee, which may be examined by the Union upon request during business hours.

Section G

In the event the Department of Labor determines that the wages and fringe benefits contained in this Agreement were not reached as a result of arms length negotiation or are substantially at varian ce with those prevailing for services of a character similar in the locality, then such wages and benefits shall be rendered null and void. In such event, the Company shall be obligated to pay the wages and fringe benefits specified in the appropriate wage determination issued by the Department of Labor.

Section H

Subject to the express limitations of this Agreement, the Company retains the sole and exclusive right in its discretion to manage its business, to hire, discharge for cause, layoff, assign , transfer, promote or demote employees, to determine the starting and quitting time, to establish or discontinue or change operations, productions, or work standards, or plant ru I es, provided, however, that with respect to any action which results in a change in established work rules, existing hours of work or the size of the work force, the Company shall give priornotice to the Union before taking such action and shall afford the Union a reasonable opportunity to discuss such matters. Nothing herein shall preventindividual employees, either alone or with a Union representative, from consulting with Company representatives on problems relating to their in di vi dual work schedules.

ARTICLE XXXI-DURATION

Section A

This Agreement shall become effective June 30, 2020, and shall continue in full force and effect until June 29, 2023, and shall renew itself each successive July 30st thereafteru nless written notice of an intended change is served in accordance with the Labor Management Relations Act, as amended, by either party hereto at least sixty (60) days but not more than ninety (90) days prior to the termination date of the contract.

Section B

For the purpose of negotiating changes in wages, group insurance contributions, sick leave, vacation and holidays, as well as changes in or the introduction of other fringe benefit programs, the parties shall meet on or about April pt of each contract year. If the parties are unable to reach agreement by May 15th prior to the government's contract date of each year, either party may terminate th is Agreement upon ten (10) days written notice to the other party.

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IN WITNESS WH the parties hereto have executed this Agreement this o/ l)nt;/ day of _LJ'14--'-'• 1-----1.2=.:0~2;.:.0.

FOR THE UNION:

Industrial, Technical and Professional Employees Union. OPEIU Local 4873.

AFL-CIO

~A~ ~'-rt~ Denise M. Moore, ITPEU Representative

FOR THE COMPANY:

Diamond Services Corporation

Mr. Ronnie Smi1h Vice President

CBA signed effective 7-1-20 pdf (003)