FEFA ALPHA OMEGA CBA 2016-2019.pdf

AGREEMENT

BETWEEN

INPUSTRIAL, TECHNICAL AND PROFESSIONAL

EMPLOYEES UNION, OPEIU LOCAL 4873, AFL-CIO

AND

FEF Al ALPHA OMEGA LLC.

COVERING ANIMAL CARE EMPLOYEES

AT

N.LE.H.S., RESEARCH TRIANGLE PARK, N.C.

EFFECTNE: SEPTEMBER 23. 2016 THROUGH SEPTEMBER 22, 2019

TABLE OF CONTENTS

ARTICLE TITLE PAGE

PREAMBLE 3

I UNION RECOGNITION 4

II UNION SECURITY & MEMBERSIDP 4

III EQUAL OPPORTUNITY 6

IV ACCESS TO UNIT 6

V PROBATIONARY PERIOD 6

VI SENIORITY 7

VII DISCIPLINE 8

VIII GRlEVANCEPROCEDURE 8

IX ARBITRATION 10

X MILITARY LEA VE 10

XI LEA VE OF ABSENCE 11

XII BEREAVEMENT LEAVE 11

XIII SHOP STEW ARDS 11

XIV REST PERIODS 12

xv LAYOFFS AND RECALLS . 12

XVI WAGES 12

XVII OVERTIME 12

XVIII HEAL TH AND WELFARE 13

XIX VACATIONS 13

xx HOLIDAYS 14

XXI SICK LEAVE 15

XXII PENSION 15

XXIII JURY DUTY 15

XXIV INDIVIDUAL CONTRACTS 15

XXV EMPLOYEE INJURY 15

XXVI GOVERNMENT REQUIRE:tv.lENT 15

XXVII GENERAL 16

XXVIII DURATION 17

APPENDIX "A" - WAGES

APPENDIX "B" - HEAL TH & WELFARE

APPENDIX "E"- SICK LEA VE

APPENDIX "F"-BEREA VEMENT

APPENDIX "G"- JURY DUTY APPENDIX "C" - VACATIONS

APPENDIX "D,, - HOLIDAYS

PREAMBLE

THIS AGREEMENT is entered into by and between FEF A/ ALPHA OMEGA LLC.

(hereinafter referred to as the "Company"), and INDUSTRIAL, TECHNICAL AND PROFESSIONAL EMPLOYEES UNION, OPEID LOCAL 4873, AFL-CIO (hereinafter referred to as the ''Union"), as representative of its Animal Care employees located at N.I.E.H.S., RESEARCH TRIANGLE PARK, N.C., (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.

FEFA/ALPHA OMEGA LLC.

N. I . E.H.S .@R.T.P.

Pa ge 3 of 22

ARTICLE I - UNION RECOGNITION

SECTION A:

The Company hereby recognizes the Union as the sole bargaining agent for all its Animal

Care employees at N.I.E.H.S., Research Triangle Park, N.C. hereinafter referred to as the Site.

SECTIONB:

Whenever the words "employee" or "employees" are used in this Agreement, they designate 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.

SECTIONC:

It is understood by this Section that the parties hereto shall not use any leasing or subcontracting device to evade the terms of this Agreement. The Company shall give a copy of this Agreement to the Contracting Officer at the Site.

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 iood standing on the effective date of this Agreement, shall on or after the Thirtieth (30 ) 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 the Thirtieth (30th

) day following the beginning of such employment become and remain in good standing of the Union.

SECTIONB:

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 of which the making or enforcement of such provisions is contrary to statutes, constitutional amendment or the law of such state;

provide~ however, that whenever, any such court of last resort having jurisdiction of such questions finds the state law to be invalid or inapplicable, the provision of Section A above shall immediately thereupon be deemed to cover this bargaining unit or employees directly affected by such declaration of invalidity.

SECTIONC:

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

FEFA/ALPHA OMEGA LLC.

N.I.E . H.S.@R.T.P.

Page 4 o f 22 this Agreement, and employees who join the Union subsequent to the execution hereof, shall maintain their membership in the Union as a condition of employment during the term thereof.

SECTIOND:

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 employees. Such authorization form shall be provided by the Union. The Company will pay over to the proper officer of the Union the wages withheld for such initiation fees and dues. The remittance shall be accompanied by a list showing individual names, social security numbers, current addresses, dates hired and amounts deducted. The total remittances are to be made not later than Fifteen (15) days after the last day of the month for which deductions were made. The Union shall advise the Company of the amount of the initiation fees and dues and the manner in which the same shall be deducted. The amount so withheld, less any amounts due to any improper withholding, shall be reported to the Union monthly.

SECTIONE:

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 during the term thereof.

· SECTIONF:

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.

SECTIONG:

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

SECTIONH:

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 limited to, employees employed by the Company at other locations of the Company or its franchisees not covered by this Agreement

FEFA/ALPHA OMEGA LLC.

N.I.E.H.S.@R.T.P.

SECTION I:

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 clai~, suits, judgments or liabilities of any sort whatsoever arising out of the Company's compliance with the provisions of this Union Security and Membership Article.

ARTICLE III - 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 recognize 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.

SECTIONB:

There will be no discrimination against any employee on account of membership in, or activity in behalf of the Union.

ARTICLE IV - ACCESS TO UNIT

Duly authorized representatives of the Union shall be permitted to investigate the standing of all employees and investigate conditions at the Site covered by this Agreement to see that the Agreement is being enforced. provided that no interview shall be held during rush hours, or unreasonably interrupt the duties of any employee. The Company shall be notified by the Union Representative before he shall take action with persons involved. The representative of the Union shall contact the highest ranking 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 seniority under Article VI of this Agreement shall be on probation for the first Ninety (90) days of employment or re.

employment.

SECTIONB:

At any time during such an initial probationary period, an employee may be discharged

FEFA/ALPHA OMEGA LLC .

N.I.E.H . S.@R.T.P.

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.

ARTICLE VI - SENIORJTY

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 date of the Company's contract covering the Site, the Company shall furnish the Union and the successor contractor a list of all 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 shall be in full force and effect upon the establishment of said seniority list. In establishing the initial seniority list for employees at the time of the signing of this Agreement, employees transferred to the Site 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 Site covered by this Agreement by the Company to fill vacancies shall likewise receive seniority in accordance with their tenure with the Company or its franchise, as the case may be, regardless of where such service was performed. Seniority shall, for all purposes of this Article, be on the basis of job classification, unless specifically stated otherwise. Where qualifications are equal, then seniority will be the deciding factor.

SECTIONB:

Employees shall have the right to select available work-schedules by seniority in job assignments for which they are qualified.

SECTIONC:

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

SECTIOND:

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 by U1e Company to be beyond the control of the employee and he reported such conditions as soon as possible;

FEFA/ALPHA OMEGA LLC.

(2) Is on lay-off for a period exceeding One (1) year;

(3) Is absent from 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 of one week or longer, upon notice from the Company that work is available, to report to the Company for work as soon as practicable, but not later than Two (2) consecutive 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 m1der 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 bis current address and telephone number.

SECTIONE:.

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 will 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 vn -DISCIPLINE

No employee shall be disciplined or discharged without just cause, and all disciplines or discharges will be subject to the grievance procedure and arbitration clause. All reprimands and discharge notices 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, failure to perform work as directed, illegal use of drugs and showing disrespect or insubordination shall result in an immediate investigation and appropriate action 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.

FEFA/ ALPHA OMEGA LLC.

N.I.E.H.S . @R.T.P.

SECTIONB:

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

STEP I: The employee who has a grievance shall discuss it with the Project Manager either himself or through his steward within Seven (7) days of the incident. If the grievance is not settled in this Step, it may be appealed by the Union Representative to the Project Manager or Area Supervisor 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 Manager or Area Supervisor, 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 within 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 the Regional Manager and the Union represented by its designated representative) will meet to attempt to settle the grievance. The party being complained against shall render that 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 Company or the Union lodging a written appeal with the other party within Ten (10) days of receipt of such written decision.

SECTIONC:

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

SECTIOND:

A grievance not involving discharge shall be without effect unless 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.

SECTIONE:

Stewards shall be afforded time off without loss of pay to investigate, discuss and present grievances. Su.ch time shall be kept to a minimum.

SECTIONF:

At any step of the grievance procedure, the Company or the Union may designate a substitute 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

FEFA/ ALPHA OMEGA LLC.

N.I.E. H. S. @R. T. P.

by Two (2) other persons at any Step of the procedure except Step I. The parties may mutually agree that further representatives may be present.

SECTIONG:

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 filing 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 within Five (5) days of that meeting upon the choice of an arbitrator, they shall 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 shall 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.

SECTIONB:

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 Fifteen (15) calendar days after the conclusion of the hearing. The decision of the impartial arbitrator shall be final and binding. The impartial arbitrator shall have no authority to modify, amend, revise, add to or subtract from any of the terms or conditions of this Agreement.

SECTIONC:

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 that 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 who are active members of the Reserves, 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 Uniformed Services Employment and Reemployment Rights Act of 1994, (USERRA), and will retain their seniority while in such service and be returned to their .former

FEFA/ALPHA OMEGA LLC,

position upon honorable discharge from service, provided they are physically and mentally capable of working.

SECTIONB:

An employee applying for leave under this Article will give the Company at least Five

(5) working days notice prior to reporting date, if possible.

ARTICLE XI - LEA VE OF ABSENCE

In accordance with the Family Medical Leave Act.

ARTICLE XII - BEREAVEMENT LEA VE

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

ARTICLE XIII - SHOP STEWARDS

SECTION:

Shop stewards shall be designated by the Unjon from the group he or she is to represent

Where there are two or more shop stewards, there shall be a designated Chief Shop Steward.

The Union will notify the Company of the duly designated shop steward(s) at the Site.

SECTIONB:

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.

SECTIONC:

Prior to leaving the work area, the Shop Steward will request pennission from the supervisor. The Shop Steward will not leave the work area during rush hours.

SECTIOND:

Shop Stewards shall be entitled to top seniority at the Site to the fullest extent allowed by law.

SECTIONE:

A telephone will be made available to the Shop Stewards for the purpose of communicating with the Union. Such calls will be placed at no cost to the Company or the Government.

FEFA/ALPHA OMEGA LLC.

ARTICLE XN - 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 during each Four (4) hours or part thereof. Employees will receive Thirty (30) minute paid lunch break.

ARTICLE XV - LAYOFFS AND RECALLS

In the event of a clear notice from the Government there is to be a reduction of work, the Company notifies the employees affected. Employees shall be laid off by classification and qualification.

ARTICLEXVI - WAGES

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

ARTICLE XVII - OVERTIME

SECTION A:

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

SECTIONB:

When an employee works more than Eight (8) hours in any Twenty Four (24) hour period due to a change in shift pursuant to his request, or in accordance with the regular rotation of employees, such employee shall receive only straight time for the second eight (8) hours or portion thereof worked during such Twenty Four (24) hour period.

SECTIONC:

When an employee works overtime beyond his shift, he will be entitled to a Ten (I 0) minute rest period at the completion of his regular shift. and another such rest period at the completion of this Tenth (10th

) consecutive hour ifhe is required to work beyond Ten (10) 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 as practicable, subject to requirements of the service.

SECTIOND:

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

FEFA/ALPHA OMEGA LLC.

SECTIONE:

No overtime will be worked except by prior direction of the Project Manager/Assistant

Manager of the Company, except in case of emergency and when prior authority cannot be obtained.

SECTIONF:

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

ARTICLE XVIII - HEAL TH AND WELFARE

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

ARTICLE XIX- VACATIONS

SECTION A:

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

For part time employees who are eligible to receive Vacation pay because they work on certain contracts, the amount of Vacation pay accrued is detennined by dividing the number of direct labor hours the employee worked in the Twelve (12) month period preceding the employee's anniversary date by 1880 (the typical number of non overtime hours in a year of work) and then multiplying the annual number of Vacation hours to which a full time employee with similar service is entitled. For example, if a part time employee with Three (3) years of service worked 520 hours during the Twelve (12) months preceding the employee's anniversary date, the employee accrued Twenty Two (22) hours of Vacation (520 + 1880 x 80 = 22).

SECTIONB:

For Vacation accrual purposes, seniority is maintained for individuals continuing as incumbents on Government contracts. For example, an incumbent who has worked on a contract Five (5) years prior to the award of the contract to Alpha Omega will be eligible for Three (3) weeks of Vacation per year. As a new hire, the incumbent would normally only be eligible for Two (2) weeks of Vacation per year.

SECTIONC:

Employees must submit a leave request form to his/her immediate supervisor at least

Four (4) weeks prior to proposed Vacation of Five (5) or more days duration. The employee will be notified of the proposed Vacation. Approval for Vacation leave is granted only after consideration of the operational need of the Company. While all attempts will be made to honor the employee's request the Company reserves the right to deny Vacation request for legitimate

FEFA/ALPHA OMEGA LLC.

Page 13 o :f 22 business reasons. New hire employees are eligible to take Vacation only after successful completion of their probationary period. Once a Vacation has been granted it can only be changed with the consent of the employee. Accrued but 1ID.used Vacation leave will be paid to departing employees. All accrued Vacation and Sick Leave must be used before an employee is placed in a leave without pay status.

SECTIOND:

No employee may accumulate more than One Hundred Sixty (160) hours of Vacation in a calendar year. If an employee has accrued more than One Hundred Sixty (160) hours he/she will be paid hours over One Hlmdred Sixty (160) hours.

ARTICLE XX - HOLIDAYS

Employees shall be entitled to paid Holidays as set forth in Appendix "D" attached hereto.

SECTION A:

Other Holidays proclaimed by Federal Statue, Executive Order of the President of the

United States, will be handled in accordance with the provisions of specific contracts ..

SECTIONB:

All employees who work on a Federal Contract are eligible for Holiday compensation. In order for an employee to be paid for a Holiday the employee must work his regular scheduled work day before and his regular scheduled work day after the Holiday. Exceptions to this are as follows.

SECTIONC:

If an employee is approved Sick Leave on the regular work day immediately preceding the scheduled Holiday or on the regular wor~ day immediately following the scheduled Holiday, he/she will be paid for Sick Leave and the Holiday.

SECTIOND:

If employee has pre-approved scheduled Vacation and Leave preceding or following a

Holiday he/she will be paid Vacation leave and the Holiday.

SECTIONE:

Holiday compensation is One (1) days pay (Eight (8) hours) for full time employees working on a Federal Contract, the amount of Holiday pay are based on the number of hours worked in the week prior to the work week in which the Holiday pccurs. For example, if an employee works Ten (10) hours during the week preceding July 41

\ (a designated Holiday) the employee is entitled to one fourth (10 divided by 40) of the Eight (8) hours of Holiday pay to which a full time employee is entitled to Two (2) hours.

FEFA/ALPHA OMEGA LLC.

SECTIONF:

Receipt of Holiday pay cannot be considered hours worked for the purposes of overtime.

If an employee works on a scheduled Holiday, the employee will be paid for the hours worked at the rate specified by the contract in addition to receiving pay. If an employee is receiving short term disability and a recognized Holiday occurs he/she will not receive compensation. If an employee is in a light duty status, the employee will receive the percentage of hours as it relates to a Forty ( 40) hour week.

ARTICLE XXI - SICK LEAVE

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

ARTICLE XXII - PENSION

NIA

ARTICLE XXIII - JURY DUTY

Employee shall be entitled to Jury Duty compensation as set forth in Appendix "G" attached hereto.

ARTICLE XXIV - 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 herein.

ARTICLE XXV - EMPLOYEE INJURY

An employee injured during working hours shall receive the rest of the day off without loss of pay, provided that the injuries are such that a doctor orders the employee not to return to work.

ARTICLE XXVI - GOVERNMENT REQUIREMENTS

The Union agrees to cooperate with the Company in all matters required by the United

States Government, and the Union recognizes that the terms and conditions of the Agreement are subject to certain sovereign priorities which the United ·States Government may exercise. 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 such changes are required by the United States Government.

FEFA/ ALPHA OMEGA LLC.

N. I.E.H.S.@R. T.P.

ARTI~LE :XXVIl - 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 them involving the employees covered by this Agreement. Any alteration or modifications of this Agreement must be made by and between the parties hereto and must be in writing.

SECTIONB:

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

SECTIONC:

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. ·

SECTIOND:

Employees entering the service of the Company may be required to take a physical examination/drug testing 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 Company will pay for all physical examination/drug testing and hepatitis shots. It is the employee's responsibility to provide their own transportation and will not be compensated for time.

SECTIONE:

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

SECTIONF:

In the event the Department of Labor determines that the wages and fringe benefits contained in any local Appendix to this Agreement were not reached as a result of arms-length negotiation or are substantially at variance with those prevailing for services of a similar character 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 detennination issued ~y the Department of Labor.

SECTIONG: .

Subject to the expregg limifations of this Agreement, the Company retains the sole and exclusive right in its discretion to manage it:s business, to hire, di.3chnrge for cause, layoff, assign, transfer, promote or demote employees, to determine the starting and quitting time, to establish

FEFA/ALPHA OMEGA LLC.

or discontinue or change operations, productions, or work standards, or plant rules, however, 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 prior notice to the Union before taking such action and shall afford the Union a reasonable opportunity to negotiate on such matters. Nothing herein shall prevent individual employees, either alone or with a Union representative, from consulting with Company representatives on problems relating to their individual work schedules.

ARTICLE XXIII - DURATION

SECTION A:

This Agreement shall become effective September 23, 2016 and shall continue :in full force and effect until September 22, 2019 and shall renew itself each successive September, 23st thereafter unless 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

SECTIONB:

The parties shall meet on or about May 23rd of each contract year for the purpose of negotiating changes in wages and benefits, as well as introduction of new benefit programs.

If the parties are unable to reach agreement by August 9th of each year, either party may terminate this Agreement upon ten (10) days written notice to the other party.

IN WI1NESS WHEREOF, the parties hereto have executed this Agreement this {5 day of A:l!ju.sf: 2016.

INDUSTRIAL, TECHNICAL AND

PROFESSIONAL EMPLOYEES

UNION, Local 4873, AFL-CIO.

DENISE M. MOORE

ITPEU REPRESENTATIVE

FEFA/ ALHA OMEGA

LLC.

111 rvi#;/£ uJeJleie, MARCY KIE

OPERATIONS MANAGER

FEFA/ALPHA OMEGA LLC.

APPENDIX "A'

WAGES

CURRENT:

ANIMAL HEAL TH/QA TECHNICIAN II

ANIMAL HUSBANDRY TECHNICIAN I

ANIMAL HUSBANDRY TECHNICIAN II

ANIMAL HUSBANDRY TECHNICIAN III

AQUATICS TECHNICIAN

BREEDING TECHNICIAN

CAGEW ASH TECHNICIAN I

CAGEW ASH TECHNICIAN II

CAGEW ASH TECHNICIAN III

DATA/TRANSPORT COORDINATOR

FACILITY DATA MANAGER

FEED/BEDDING TECHNICIAN

HOUSEKEEPING TECHNICIAN I

HOUSEKEEPING TECHNICIAN II

HOUSEKEEPING TECHNICIAN III

INFORMATION SPECIALIST

ISOLATOR TECHNICIAN I

ISOLATOR TECHNICIAN II

MODULE SUPERVISOR

OPERATIONS SPECIALIST

SUPPORT OPERA TIO NS SUPERVISOR

EFFECTIVE AUGUST 23, 2016:

ANIMAL HEALTH/QA TECHNICIAN II

ANIMAL HUSBANDRY TECHNICIAN I

ANIMAL HUSBANDRY TECHNICIAN II

ANIMAL HUSBANDRY TECHNICIAN III

AQUATICS TECHNICIAN

BREEDING TECHNICIAN

CAGEW ASH TECHNICIAN I

CAGEW ASH TECHNICIAN II

CAGEW ASH TECHNICIAN III

DATA/TRANSPORT COORDINATOR

FACILITY DATA MANAGER

$23.97 $16.21 $16.53 $16.88 $23.81 $23.81 $14.96 $15.41 $15.96 $21.40 $21.40 $16.21 $14.84 $15.49 $16.21 $28.51 $17.53 $19.29 $26.30 $26.30 $26.30

$24.33 $16.45 $16.78 $17.13 $24.17 $24.17

$15.18 $15.64 $16.20 $21.72 $21.72

FEFA/ALPHA OMEGA LLC.

N. I . E.H .S .@R. T. P .

Pa ge 18 of 22

FEED/BEDDING TECHNICIAN

HOUSEKEEPING TECHNICIAN I

HOUSEKEEPING TECHNICIAN II

HOUSEKEEPING TECHNICIAN III

INFORMATION SPECIALIST

ISOLATOR TECHNICIAN I

ISOLATOR TECHNICIAN II

MODULE SUPERVISOR

OPERATIONS SPECIALIST

SUPPORT OPERATIONS SUPERVISOR

APPENDIX "B"

$16.45 $15.06 $15.72 $16.45 $29.94 $17.79 $19.58 $26.70 $26.70 $26.70

HEALTH AND WELFARE

CURRENT:

The Company shall manage Health and Welfare dollars for all FEFEA/ Alpha Omega employees. Employees may elect the plan provided by the Company, if not; contributions shall be paid into the Company 401 K Plan.

Four Dollars and Twenty-Three cents ($4.23) per hour will be paid for Health and Welfare Benefits on all straight time hours worked, all hours paid for vacation, holidays and sick leave, but shall not exceed Forty (40) hours in any one week.

EFFECTIVE AUGUST 23, 2016:

The Company shall manage Health and Welfare dollars for all FEFEA/Alpha Omega employees. Employees may elect the plan provided by the Company, if not; contributions shall be paid into the Company 401 K Plan.

Four Dollars and Twenty-Seven cents ($4.27) per hour will be paid for Health and Welfare Benefits on all straight time hours worked, all hours paid for vacation, holidays and sick leave, but shall not exceed Forty ( 40) hours in any one week.

APPENDIX "C"

VACATION

CURRENT AND EFFECTIVE AUGUST 23, 2016:

One (1) year through Four ( 4) years of employment, Eighty (80) Hours Two (2) weeks

FEFA/ALPHA OMEGA LLC.

N.I.E.H .S.@R.T.P.

Five (5) years through Fourteen (14) years of employment, One Hundred Twenty (120) hours Three (3) weeks

Fifteen (15) years of employment and over, One Hundred Sixty (160) hours Four (4) Weeks

APPENDIX "D"

HOLIDAYS

CURRENT AND EFFECTNE AUGUST 23, 2016:

1. NEW YEARS DAY

2. MARTIN LUTHER KING JR'S BIRTHDAY

3. MEMORIAL DAY

4. INDEPENDENCE DAY

5. WASHINGTON'S BIRTHDAY

APPENDIX "E"

SICKLEAVE

CURRENT AND EFFECTIVE AUGUST 23. 2016:

SECTION A:

6LABORDAY

7.VETERANS DAY

8.THANKSGIVING DAY ·

9.CHRISTMAS DAY

1 0.COLUMBUS DAY

Sick Leave is accrued each pay period. The current accrual rate for regular full time employees is 1.67 hours per pay period Five (5) days per calendar year. Paid sick leave is not permitted for each employee who has not completed their initial new hire probationary period.

SECTIONB:

Employees are expected to notify their supervisors as soon as possible on each day that they will not report to work due to illness. Every attempt should be made to speak to the supervisor directly to report on sick leave. If the employee is unable to call it is expected that he/she will ensure that another responsible individual notifies the supervisor.

SECTIONC:

Employees who are absent for 1bree (3) consecutive scheduled work days due to illness must bring documentation from the attending physician. Employees may also be requested to bring documentation from the attending physician for absence due to illness of less than Three

(3) days duration.

SECTIOND:

Sick Leave can be paid out in the following ways:

FEFA/ALPHA OMEGA LLC.

1. It can be paid in One (1) to eight (8) hour increments.

2. It can be used for family emergencies or doctor appointments.

SECTIONE:

If an employee has used all bis/her accrued Sick Leave, accrued vacation leave must be used instead. However accrued sick leave cannot be used for vacation leave.

APPENDIX ''F"

BEREAVEMENT LEA VE

CURRENT AND EFFECTIVE AUGUST 23, 2016:

In the event of the death of a family member, the Company will grant regular, full time employees including probationary employees up to Three (3) paid bereavement days absence from work due to death in the employee's immediate family at the employees' base rate of pay where such days fall on his/her regularly scheduled work day

The immediate family is defined as:

FATHER, MOTHER, STEP FATHER, STEP MOTHER, FOSTER PARENT,

GUARDIAN, WIFE, HUSBAND, BROTIIER, SISTER, STEP BROTHER, STEP SISTER,

SON, DAUGHTER, STEP CHILD, FOSTER CIDLD, MOTHER IN LAW OR FATHER IN

LAW.

Regular full time employees, including probationary employees, are eligible for One (1) paid bereave_ment day absence from work due to death of a:

GRANDFATHER, GRANDMOTHER, GRANDCHILDREN, AUNT, UNCLE, OR

OTIIBR IN LAW RELATIONS not mentioned above.

Leave to attend service of a close friend or distant relative will be charged to vacation leave. Evidence of qualifying event will be required.

FEFA/ALPHA OMEGA LLC.

APPENDIX "G"

JURY DUTY

CURRENT AND EFFECTIVE AUGUST 23. 2016:

SECTION A:.

On occasion, employees are required to sit for jury duty. The employees must notify his/her immediate supervisor of the scheduled jury duty as soon as he/she receives the summons.

The employee must also present proof of days served.

SECTIONB:

The approved paid absence for jury duty is limited to Ten (10) days per fiscal year.

Employees who provide documentation will receive full pay for time required to serve as juror less any stipend provided by the court for the approved period.

The employee will surrender to his/her immediate supervisor any stipend for service which is provided by the court, or will provide documentation of the amount paid by the court.

However, an employee who is party in any legal proceeding is not eligible for jury duty reimbursement and must use accrued vacation leave for time off from work.

SECTIONC:

If an employee is excused or released by the court for any day or substantial portion of a day, he/she is expected to return to work. Failure to do so will result in a charged vacation leave.

IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals on the date first above written.

INDUSTRIAL, TECHNICAL AND

PROFESSIONAL EMPLOYEES

UNION, OPEIU Local 4873, AFL-CIO.

Denise M. Moore ITPEU Representative

FEF Al ALPHA O:MEGA LLC.

'-111.~ lJ~ Marcy Wee Operation Manager

FEFA/ALPHA OMEGA LLC.