Attachment 12 Incumbent CBA.pdf

Collective Bargaining Agreement

Between

Akima Facilities Operations , LLC

And

Public Service Employees Local Union 572

LIUNA

At

National Institute of Health Bethesda, Maryland

Effective: July 1, 2024, through June 30, 2027

Table of Contents

Article Number- Definition

Article 1 - Preamble

Page Number

Article 2 - Union Recognition 1

Article 3 - Purpose and Scope 1

Article 4 - Union Security 1

Article 5 - Dues Checkoff and Authorization Form 2

Article 6 - No Strike / No Lockout Clause 2

Article 7 - Wages and Benefits 3

Article 8 - Hours of Work/ Call-In / Overtime 3

Article 9 - Hiring of New Employees 4

Article 10 - Union Representation 5

Article 11 - Steward Representation 5

Article 12 - Clothing and Equipment 6

Article 13-Safety Requirements 6

Article 14-Promotions 6

Article 15 - Lead Person 7

Article 16- Reduction in Force 7

Article 17 - Seniority 7

Article 18 - Vacation 8

Article 19 - Holidays 9

Article 20 - Sick Leave 10

Article 21 - Discharge and Disciplinary Actions 11

Article 22 - Grievance Procedure and Arbitration 13

Article 23 - Maternity/ Paternity/ FMLA 14

Article 24 - Military Leave of Absence 14

Article 25 - Funeral Leave 14

Article 26 - Jury Duty 14

Article 27 - Bulletin Boards 14

Article 28 - Health and Welfare Insurance Plan 15

Article 29 - Pension 16

Article 30 - Training 16

Article 31 - Management Rights 17

Article 32 - Mid Term Negotiations 17

Article 33 - Successorship 17

Article 34 - Term of Agreement 18

Agreement Signature Page 19

Appendix A – Attendance Policy 20

Schedule "A" Economic Tables

Schedule "B" LIUNA National (Industrial) Pension Fund ii

Agreement

Article 1

Preamble

This Agreement has been entered into effective July 01, 2024, by and between AFO, LLC (hereafter known as the "Company") and Public Service Employees Local Union 572- LIUNA and its affiliates (hereafter known as the "Union").

Article 2

Union Recognition

The Union shall be the sole and exclusive bargaining agent, as provided by the Certification of Representation of the National Labor Relations board, for all regular and full time and part time janitorial employees employed by the

Company at the National Institute of Health, Bethesda, Maryland excluding officer clerical employees, guards, probationary, temporary and supervisors as defined in the National Labor Relations Act, as amended. This

Agreement shall be applicable only with respect to the said operations of the Company at the National Institute of

Health, Bethesda, Maryland and various buildings at the National Institute of Health, Bethesda, Maryland and related facilities not located at the National Institute of Health campus that are covered by the same contract between the National Institute of Health, Bethesda, Maryland and the Company.

When work covered by this Agreement is to be performed upon property of the United States Government, as to which the provisions of any State "right to work" laws are inapplicable, all employees covered by this Agreement who are performing such work shall be required, as a condition of continued employment on such property, to obtain membership in the Union no later than the thirtieth (30) day following the beginning of such employment or the effective date of this agreement, whichever is later, and maintain such membership in the Union while so employed.

Article 3

Purpose and Scope

It is the intent and purpose of the parties hereto set forth herein the basic Agreement covering wages, hours of work, and conditions of employment to be observed between the parties hereto, and to provide procedure for prompt, equitable adjustments of alleged grievances to the end that there shall be no interruptions or impeding of the work, work stoppages, strikes or lockouts during the life of this Agreement.

Article 4

Union Security

Subject to Section 8 (a) (3) of the National Labor Relations Act, as amended, all present employees of the Company covered by this Agreement who are membership of the Union on the date of execution of this Agreement shall maintain membership, or satisfy the financial obligations set by the Union. Subject to Section 8(a) (3) of the

National Labor Relations Act, as amended, all employees of the Company covered by this Agreement, who are not members of the Union or have not satisfied the financial obligations set by the Union and all such employees who are hired hereafter, shall become and remain such members of the Union in good standing as a condition of employment on and after the thirty-first (31st) working day following the beginning of their employment or on and after the beginning of the thirty-first (31st) working day following the date of execution of this Agreement, whichever is later.

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The failure of any employee to become a member of the Union, as set forth above, at the required time shall obligate the Company, upon written notice from the Union to such effect and to further effect that Union membership was available to such person on the same terms and conditions generally available to other members, to forthwith discharge such employees. Further, the failure of any employee to maintain their Union membership in good standing as required herein, shall, upon written notice to the Company by the Union to such effect, obligate the Company to discharge such employee.

The Union shall indemnify the Company and save it harmless from any claim, loss, damage, cost or expense arising out of the discharge of any employee under this Article, and the company shall not be required to make any investigations of, but shall be entitled to rely on any representation made by the Union with respect to the discharge of any employee for failure to join the Union or to maintain Union membership pursuant to this Article.

Article 5

Dues Check-Off and Authorization Form

Section 1 - During the existence of the Agreement, the Company, insofar as permitted by State and Federal law, shall deduct out of the current net earnings payable biweekly to an employee covered by the Agreement, applicable service fees or Union dues, initiation fees and reinstatement fees, upon receipt of and in accordance with a deduction authorization, duly executed by the employee, on a card as agreed upon between the Company and the

Union and shall continue deductions until such authorization is duly revoked by the employee.

Section 2 -Any regular withholdings or deductions from pay, including, but not limited to withholding of union dues under this Article will be evenly split among the first two paychecks each month. Those months in which there is a third paycheck there will be no deductions. Initiation fees / reinstatement fees when notified by the Union and the Company receives the appropriate signed deduction card from the employee will be evenly split among the first two paychecks of each month.

Section 3 - Effective July 1, 2025, union dues will be $56, and $58 July 1, 2026. Applicable fees of $150 will be effective on January 1, 2024. The sums deducted as stated above, and remittance report, shall be forwarded to the designated financial officer of the Union through ACH no later than the 25thday of the month following the month in which the deductions are made.

Section 4- The Union shall indemnify the Company against and save it harmless from any claim, loss, damage, cost or expense arising out of any wrongful deduction and payment of any amount under this Article.

Section 5 - The Union will provide the Company a letter with the Union dues formula/calculation to be used to compute deductions in accordance with the provisions of Section 1 of this Article. Any changes to the formula/calculation must be provided to the Company a minimum of forty-five (45) days prior to the effective date of change for payroll system purposes. Any changes to the formula/calculation will become effective at 0001

Saturday morning on a new bi-weekly pay cycle.

Section 6 - The Union will be responsible for the development and submission of the written deduction authorization form that will be utilized for this Article.

Article 6

No Strike, No Lock-Out Clause

Neither the Union nor any employee covered by this Agreement shall authorize, encourage or engage in any strike or showdown or other interference with work or with the Company's business during the term of this

Agreement. Subject to compliance with the preceding sentence, the Company shall not lockout its employees during the term of this Agreement.

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Article 7

Wages and Benefits

Section 1 - Employees covered by this Agreement shall be paid wages and receive fringe benefits as provided in Schedule "A" attached hereto.

Section 2 - The established workweek begins at 0001 Saturday and ends at Midnight on Friday. The payroll is based upon a bi-weekly period. However, if the Friday payday falls on a designated Federal holiday the employees will be paid the business day prior to the holiday.

If any mistakes are made in paid wages, vacation or sick hours, the Company will ensure that the discrepancies shall be adjusted in the individual's next pay cycle. The Company will track the balance of all earned sick and vacation hours on the employee's pay stub or through records available on-line or via the Project Manager which ever method the Company chooses.

All employees will be paid through direct deposit.

Employees shall be paid for time worked computed to the nearest quarter hour.

Article 8

Hours of Work / Call-In / Overtime

Section 1 - The purpose of this Article is to define the normal hours of work but nothing in this Agreement shall be construed as a guarantee of hours of work or pay for any period. The "regular'' assigned work week shall consist of forty (40) hours, five consecutive days.

Section 2 - Determination of starting time, hours of work, lunch periods, and days of rest, will be made by the

Company and such schedules may be changed from time to time to suit varying conditions of the business to meet our needs or the needs of the customer. The Company will, if possible, provide the Union two (2) weeks' notice prior to implementing a permanent schedule change. If a temporary schedule change is required, the Company will work with the Union to identify employees who can work the hours of the temporarily modified schedule with minimal inconvenience.

Work shifts shall be established as follows:

a. The first shift will normally begin at 7:00 a.m. and end at 3:30 p.m. Employees will receive two (2) fifteen (15) minute paid breaks and a thirty (30) minute unpaid lunch.

b. The second shift will normally begin at 2:00 p.m. and end at 10:30 p.m. Employees will receive two (2) fifteen (15) minute paid breaks and a thirty (30) minute unpaid lunch. Employees assigned to the second shift will receive shift differential in accordance with the provisions of Schedule "A".

Section 3 - Employees may be required to work Saturdays, Sundays, Holidays or any other day of the week. The

Company will attempt to give employees two (2) consecutive days off on an equal basis; this Section, however, shall not be subject to Article XXII - Grievance Procedure and Arbitration.

Section 4- Any employee scheduled to work or called in by the Company shall receive a minimum of four (4) hours of work on the day shift or four (4) hours of work on the night shift or be paid for the difference, if any, between the time worked

-3-and four (4) hours at their regular straight time rate if sent home before that time if they reported for work at the required time, unless the Company had taken reasonable steps to notify such employee that there would be no work provided, however, that if work is not available as a result of circumstances beyond the control of the management, the Company shall not be so obligated.

This does not apply to building closure due to emergency. In the event that there is a closure for weather or other similar conditions, any notice generally broadcast on radio or televisions with regard to federal employees shall be deemed to have been transmitted to employees covered under this contract and shall constitute reasonable notice by the Company. When the Federal government announces that Federal offices are closed, other than for essential personnel, the Company will be closed, and the employees are not to report to work. If for any reason, e.g., inclement weather or unforeseen emergencies, the Federal government closes and as a result employees are not required to work, the employees will only receive pay if the Company is compensated by the Federal government.

The Project Manager may excuse employees from duty without pay because of extreme weather conditions or other emergency situations such as breakdown of equipment, serious interruption of public transportation or civil disaster, flood or fire. Supervisors are authorized to approve leave to excuse an employee's tardiness for up to one (1) hour due to hazardous weather. In the event the Federal government declares liberal leave for government employees, the Company's employees may elect to no report to work; provided, however, that the number of employees who will be allowed to not report to work will be determined on a first call-in basis and the total number who will be permitted will be determined by the Company based on operating needs.

Section 5 • When the Company determines that an employee must perform work on an overtime basis, the following shall apply:

a) Authorized overtime shall be paid at a rate of one and one-half (11/2) times the employee's regular rate for hours worked in excess of forty (40) hours in a week.

b) "Hours worked" for purposes of computing overtime shall include actual hours worked only. Other time off, whether paid or unpaid, shall not be counted as "hours worked" for purposes of computing overtime pay, including but not limited to salary continuance (sick leave), Holiday, Vacation time off, bereavement leave, jury duty/witness service pay, time off for training, military leave, voting time off, or time off for emergency/base closings as examples.

c) No employee may work overtime without the prior approval of their supervisor.

d) There shall be no pyramiding or duplication of overtime or premium pay under any circumstance.

Section 6- The Company does not anticipate using a time clock at this time. If the Company wishes to change the method of how time is recorded (i.e. implement a new time-keeping system) it will meet and confer with the Union in advance to discuss the implementation of the new methodology.

Article 9

Hiring of New Employees

The Company will communicate with the union whenever the Company needs to hire additional employees who would be covered by this Agreement. The Company will give fair consideration on a non-discriminatory basis to all applicants for employment, regardless of membership or non-membership in the Union.

The Company's Project Management Office shall notify the Union's business representative within the first three (3) days of the start of work on the site of any new employees. Such notice will be provided by e-mail and will include the employees full name, classification shift, job location, address and phone number.

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The Local Union Shop Steward will be given an opportunity to provide newly hired employees with information (e.g., benefit plans, retirement, union membership) regarding employment at the National

Institute of Health. The Company will schedule for this to occur during the employee’s new hire orientation.

New hire orientation is scheduled within the employees first week of employment.

Also, in suspending or discharging of employees, the Company will notify the Union seventy-two (72) hours after discharge of their removal and reason for the dismissal. Such notice may be provided by an e-mail to the designated business representative. Written notice of the termination will be provided to the employee.

Article 10

Union Representation

The number and need of stewards shall be determined by the Union, and appointments thereof will be made by the appropriate Business Manager. The Union agrees to provide one (1) primary and one (1) alternate Steward per shift.

Upon written notification from the Union, Stewards will be granted a leave of absence without pay for the time they are required to be absent on Union business, provided such notification is provided to the Company at least seven (7) days prior to commencement of the leave of absence. The maximum amount of such leave of absence will be ten (10) days within any one (1) year period.

A Shop Steward serving as representative of the Union in connection with the processing of grievances by employees covered by their Agreement in each instance shall first obtain permission from their immediate

Supervisor and such permission shall be granted as soon as conveniently possible without interfering with performance of the Company's obligations under its Government Contract.

The Union Representative shall be permitted access to the facility to confer with all employees covered by this

Agreement during non-working hours only. The Union Representative shall request such access from the

Employer, in writing no less than five (5) workdays prior to such access being granted, and consistent with procedures for entry established by the facility for such visits. Such a request shall not be unreasonably denied.

Article 11

Steward Representation

A. The Union shall supply the Company, in writing, and shall maintain on a current basis, a complete list of all authorized Stewards which shall not exceed two (2) on each shift, consisting of a primary Shop Steward and their Alternate, together with the designation of the group of employees each is authorized to represent. In no event shall the representation of employees or processing of grievances interfere with the performance of work or the fulfillment of the Company's obligation under its Government Contract. The Company shall also be kept advised in writing by the Union of names of its officers and representatives who are authorized to act on its behalf. If the Company plans to transfer a Steward, Officer or Representative from one shift to another, it will make reasonable effort to advise the Union thereof at least two (2) days prior to taking such action subject to any regulations or requirement s established by the Government with respect to Government property, authorized agents of the Union shall have access to the Company's establishment during working hours for the purpose of adjusting disputes investigating working conditions, and ascertaining that the Agreement is being adhered to, provided, however, that such visits shall not interfere with the performance of any employee's work or the fulfillment of the company's obligation under its Government contract. No employee shall be discriminated against or discharged for exercising any rights under the National Labor Relations Act, as amended.

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B. The Shop Steward shall not interfere with the 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.

C. Prior to leaving the work area, the Shop Steward will request permission from the Supervisor. The Shop

Steward will not leave their area during rush hours.

D. During their term of office, the Shop Steward shall be entitled to top seniority at the building, for the purpose of layoff, shift preference and recall only, provided they are qualified to do the required work. Upon termination of their term, they shall be returned to regular seniority status. In the event the Union is unable to secure a Shop

Steward for any given shift, the Business Manager of their designee shall act as the Steward for purposes of the grievance procedure contained in the Agreement.

Article 12

Clothing and Equipment

Employees who are required by the Company to wear uniforms, special clothing or to have special equipment, will be furnished those items at no cost to the employee. All deposits required of employees for uniforms, special clothing and special equipment shall be refunded by the Company upon termination, provided the items covered by the deposit are returned to the Company in good condition, normal wear and tear is expected. The Company will initially issue two (2) wash and wear uniforms to be maintained by the employee. The employee must wear clean and un-torn uniforms. Uniforms will be replaced under normal wear and tear. When the employee leaves the

Company, the uniforms must be returned.

Article 13

Safety Requirements

In order to provide safety controls for protection to the life and health of employees and prevention of damage to property, supplies, and equipment, the company shall comply with all applicable safety requirements established by the Company or the Government, or both. In the event that any health and safety concerns are raised by members, the Union after consulting with management may request the assistance of the LIUNA Health and Safety

Department for advice and recommendations on how to address the particular concern.

The Company shall be responsible for providing bargaining unit employees such appropriate Personal Protective

Equipment (PPE) as is determined by the client or other appropriate government agencies for protecting employees and / or preventing the transmission and contraction of medical conditions. If masks or other PPE are directed by appropriate leadership of

NIH, the Company will provide the bargaining unit staff with that PPE.

Article 14

Promotions

A. When the Company determines that a vacancy exists in any classification in the bargaining unit a notice of the vacancy shall be posted for a period of two (2) working days on the Union bulletin board and by the time clocks located at each building that has a time clock for use by employees. Any employee in the Bargaining Unit shall be permitted to sign the notice indicating their desire to be selected for the position.

B. In effecting a promotion, the Employer will first give consideration to employees of the unit and selection will be made there from unless an outside applicant is better qualified.

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C. The employment record or applications of all candidates will be reviewed with full regard given to each candidate's skills, abilities and experience. In making a selection for a position within the bargaining unit, when all other factors are equal, the Company agrees to select the most senior employee.

Article 15

Lead Person

The classification "Lead Person" shall describe an employee of the Company who is not a Supervisor within the meaning of the National Labor Relations Act, and who is a member of the bargaining unit. The Lead Person will exercise certain minimal supervisory or direct responsibilities over certain projects or certain kinds of work in which both they and other employees of the Employer are engaged. The Lead Person shall have no power to hire or fire but may have the obligation to report to a Supervisor the job performance of the employees with whom they are working. The Lead Person may do any kind of work customarily performed by members of the bargaining unit as long as they are paid according to Schedule "A".

Article 16

Reduction in Force

If it is reasonable and possible to do so, the Company will notify the Union at least one (1) week, prior to any reduction in force, or as soon as the Company is aware, including such details with respect thereto as are available.

When an employee is discharged or laid off, they shall be paid for any wages owed them within the next scheduled pay period following the discharge or layoff. Payment will be made consistent with how they received their pay at the time of the end of their employment. Employees who received checks will have their monies sent to their last known address, on their next scheduled payday, provided, however, the Company may deduct any Union dues pursuant to Article 5 hereof that are owed as of the date of termination. Employees receiving pay via Direct Deposit will receive their pay via that same method.

When the Company wishes to recall laid-off employees, it shall attempt to contact the employee by telephone, it shall telephone the Local Union, and it shall mail a letter to the employee's last known address. The employee may be required to respond to and be available for work within forty-eight (48) hours of the above procedure. All employees are required to keep the Company informed of their current address and telephone number.

Article 17

Seniority

Section 1: The Employer recognizes seniority which shall be based upon the length of continuous service with previous, present and succeeding Employers according to the Employer's and Union's record as an important factor to be considered by it in shift assignments, promotions with the bargaining unit, demotions, lay-offs, and recalls after layoffs within the unit. It is understood, however, that the Employer may also consider efficiency and capability, provided that when these factors are equal, seniority shall prevail.

Section 2: No employee shall acquire any seniority rights until they have been continuously employed by the previous or present Employer for a period of thirty-one (31) calendar days.

Section 3: A break in seniority shall occur when the following events:

a. An employee quits.

b. An employee is discharged.

c. An employee takes an unauthorized leave of absence of three (3) or more days.

d. An employee is laid off for more than nine (9) months.

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e. An employee is promoted out of the bargaining unit, who does not return to the bargaining unit within six

(6) months.

Section 4: The Employer shall supply the Union with an up-to-date seniority list, which shall be reviewed each three (3) months. The Union and the Company will work together to determine each employee's seniority. If the employee disagrees with the determination agreed to by the Company and the Union, the employee shall bear the burden of providing documentation of the date of the employee's original date of employment at the National

Institute of Health or related facilities. Seniority lists shall include the employee's full name, date of hire and job classification.

Section 5: Every new employee shall be on probation for a period of forty-five (45) actual days of work and during this probationary period an employee may be dismissed for any reason considered justifiable by the

Employer. Any employee so dismissed shall not have a right to invoke the grievance and arbitration procedure of this Agreement.

Section 6: Super seniority will be provided for Union Stewards covered under this agreement for the purpose of layoff and recall within a job classification.

Article 18

Vacation

Section 1 - Each Full-time employee employed at the NIH, Rockville, Maryland, or any other related facility covered by Government contract HHSN263201700002I between AFO LLC and NIH shall accrue vacation per pay period at a rate that is in accordance with the following schedule:

Years of Contract Service

Accrued Vacation Leave

Per Pay Period Total Earned

Vacation per Year

Start of Employment through the end of 4th Year of

Employment

3.08 hours 80 hours

Start of 5th Year of Employment to 4.62 hours 120 hours end of 9th Year of Employment Start of the 10th Year of Employment 6.15 hours 160 hours going forward

Changes to accrual amounts will begin the first full pay period following the employee’s anniversary date.

Section 2 - The anniversary date of the employee shall determine the date which they advance to the next tier level of vacation.

Section 3 - The pay for each week of vacation for Full-time employees shall be equal to the employee's regular weekly wage, which is forty (40) hours pay at their straight time rate at the time the vacation is taken. (Reference

Schedule "A").

Section 4 - All requests for vacation shall be submitted between January 1 and January 30. The Company will then authorize vacation using the following guidelines:

a) Seniority of employees requesting vacation.

b) Workload (Scheduling)

c) On February 15", a list of all authorized vacations will be posted.

When a conflict arises in vacation scheduling, the Company shall use seniority as the rule. Once the Company has approved vacation requests in writing, regardless of seniority, no employee may bump another for the same vacation time.

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Section 5 - Any employee who has unused vacation on their anniversary date will have the unused leave carried over. However, the employee will never be permitted to carryover more than their annual accrual amount. At their anniversary date, any leave in excess of their annual accrual amount will automatically be paid out. Any employee who is terminated from employment for any reason will be paid out their accrued but unused vacation within three (3) pay periods of their termination.

Section 6 - Employees who submit a written request prior to their anniversary date will be permitted to cash out any accrued and unused vacation leave on their anniversary date. The Employee will be paid out the amount of leave identified to be cashed out within three (3) pay periods of the Employee's anniversary date.

Section 7 - Newly hired employees will not earn vacation leave until they have completed their probationary period. If the employee successfully completes the probationary period, they will receive leave as if they had begun to accrue on their date of hire.

Section 8 - Part-time employees will accrue vacation based on their weekly anticipated hours of work. The number will be adjusted, as appropriate, if their permanent work schedule changes. In addition, the Company will annually review the average number of hours worked per week and adjust the accrual rates if necessary. Part-time employees will accrue as follows, based on their years of service.

Average Weekly Hours % of Vacation

Accrual

0-12 hours 20%

12.01- 20 hours 40%

20.01 -28 hours 60%

28.01 - 36 hours 80%

36.01 - 40 hours 100%

Section 9-Leave shall begin to be accrued for new hires on their date of hire, but new hires will not receive the leave or be entitled to use the leave until they have successfully completed their probationary period.

Article 19

Holidays

Employees covered by this Agreement shall be entitled to the following paid holidays:

New Year's Day Martin Luther King's Birthday Washington's Birthday Memorial Day

Independence Day Juneteenth

Labor Day Columbus Day

Veterans Day Thanksgiving Day Christmas Day Floating Holiday

Any other day declared a National legal holiday by the U.S. Government.

Employees shall be paid for the holiday based on their normal workweek. To be eligible for payment of the holiday, the employee must work no less than five (5) hours of the scheduled workday immediately preceding the holiday and work no less than five (5) hours the scheduled workday immediately following the holiday. Any employee who is absent without an acceptable excuse on their scheduled workdays immediately preceding and following the holiday, shall forfeit their right to be paid for such holiday.

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A Floating Holiday must be scheduled no less than three (3) working days before the anticipated use. Management will have the right to reasonably deny requests to use the Floating Holiday due to the operational needs, which primarily (but not exclusively) will be based on work volumes and staffing levels considering previously approved leaves. Approval or denial of any Floating Holiday will be provided in writing to the employee as soon as possible, but, at the latest, within two (2) days of the request.

If an employee is prevented from working on the scheduled workdays immediately preceding and following the holiday because of illness attested to by physician or death in their immediate family, such fact shall constitute an acceptable excuse. (Immediate family being spouse, parents, brother, sister, children, grandparents and grandchildren). The Company may substitute for any of the named holidays a different day off with pay, provided, however, that the Company gives advance reasonable notice thereof to the employees involved and to the Union.

Employees who are required by the Company to work on any of the named or U.S. legal holidays within their regular workweek shall be paid for their regular workday plus the pay they would normally be entitled to for the holiday.

Article 20

Sick Leave

Employees may use paid sick leave for an absence resulting from: (i) physical or mental illness, injury, or medical condition of the employee; (ii) obtaining diagnosis, care, or preventive care from a health care provider by the employee; (iii) caring for the employee's child, parent, spouse, domestic partner, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship who has any of the conditions or need for diagnosis, care, or preventive care described in (i) or (ii); or (iv) domestic violence, sexual assault, or stalking, if the time absent from work is for the purposes described in (i) or (ii) or to obtain additional counseling, seek relocation, seek assistance from a victim services organization, take related legal action, or assist an individual related to the employee as described in (iii) in engaging in any of these activities.

Eligibility and Benefits

An employee who has completed their probationary period and is absent from work is eligible to receive paid sick leave at their regular rate of pay in accordance with the following Sections.

Section 1: Each Full-time employee employed at the NIH, Rockville, Maryland, or any other related facility covered by Government contract HHSN263201700002I between AFO LLC and NIH shall accrue Sick Leave at a rate of 3.69 hours per pay period up to a maximum of ninety-six (96) hours (12 days} earned per year. Employees must be in paid status during the pay period to earn sick leave.

Section 2: Each Full-time employee will accrue Sick Leave as stated in Section 1 above to not exceed twelve

(12) days per calendar year and the accrual will stop once an employee has accumulated twenty (20) Sick Leave days. The accrual will begin again once an employee has less than twenty (20) Sick Leave days accrued.

Section 3: Sick Leave will be paid on a current basis, if substantiated by the employee, in accordance with the

Company's written sick leave policy. Sick leave payment due to an employee shall be paid at the time said employee is off due to illness (in the next full pay period). If an employee becomes ill while the employee is working and must leave work due to the illness, the employee may use accrued sick leave for the remainder of the employee's regularly scheduled hours for that day. Sick leave may be used by employees for absences due to appointments with a Medical Provider or Physician.

Section 4: Employees will be required to provide medical proof of illness certifying any absence of three (3) days or more. If medical certification is required by the company, employees must provide a note signed by the physician or

-10-medical provider containing the date of the visit to the medical provider and the period of absence covered by the illness. With regard to the rights and obligations of the parties under Article 20- Sick Leave, any references herein presume the employee is a Full-time employee working at least thirty-five (35) hours per week. In the event any employee who would accrue rights under this clause is a Part-time employee, then the rights granted herein will be reduced on a proportionate basis. Thus, a Part-time employee shall be entitled to receive sick leave based on their hours in a normal workweek. For purposes of this Agreement, a "Part-time" employee shall be one who works a regular scheduled workweek less than thirty-five (35) hours per week.

Section 5: Any employee who is terminated from employment for any reason will be paid out their accrued but unused Sick Leave within two pay periods of their termination.

Section 6: Employees who are projected to be off work due to personal injury, fitness or illness greater than three (3) working days will notify their Supervisor by telephone or Company email at least twenty-four (24) hours in advance of the shift on which they will return to work for purpose of work scheduling. Employees who are projected to be off work due to personal injury, fitness or illness greater than five (5) working days will notify their

Supervisor by telephone or Company email at least forty-eight (48) hours in advance of the shift on which they will return to work for purpose of work scheduling. In both instances the employee will be required to provide medical documentation from a MD (Medical Doctor) or DO (Doctor of Osteopathic Medicine) that they were incapacitated and unable to work during the period of absence and that they are cleared to return to work and perform their essential job functions.

Article 21

Discharge and Disciplinary Actions

Section 1: An employee shall be subject to immediate discharge for the following reasons:

a) Falsification of application for employment, time records, medical documentation or other Company or

Government records or documents.

b) Violations of the Employer's Substance Abuse Policy during working hours or in the workplace. (See Attachment

c) -Fighting, inflicting-or threatening bodily harm to customers, other employees or visitors to the NIH campus while on the premises or arising from work on the campus.

d) Deliberate property damage or other such gross misconduct.

e) Not reporting to work for three (3) consecutive workdays or overstaying an authorized leave of absence, without notifying the Employer.

f) Possession of firearms or explosives within the facilities

g) Employees restricted by the Government from entering the Government installation.

h) Gambling, including games of chance, operations of pools, lotteries, etc., within the facilities shall not be permitted

i) Amoral conduct or indecency on the premises shall not be permitted.

j) Sleeping on the job shall not be permitted.

Section 2: The offenses listed above cannot be and are not intended to be all inclusive. In this regard, there may be other offenses agreed upon between the Employer and the Union, which may warrant immediate discharge.

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Section 3: The Employer shall impose progressive discipline in the following manner set forth below.

However, the parties recognize that in unusual situations, other actions may be taken.

a) First Offense within any consecutive twelve (12) month period - Oral Warning & Counseling

b) Second Offense within any consecutive twelve (12) month period - Written Warning

c) Third Offense within any consecutive twelve (12) month period – Three (3) day Suspension Without Pay

d) Fourth Offense within any consecutive twelve (12) month period – Termination

Progressive discipline shall be applied within ten (10) workdays days from the date the alleged violation occurred, unless an investigation is required.

The above referenced ten (10) day period will be extended equal to the number of days an employee is absent from work (e.g., vacation, sick leave, FMLA etc.).

Section 4: Once a disciplinary notice becomes twelve (12) months old, said notice shall be voided and not operative in the future. Disciplinary notices against an employee need not be for similar reasons. All disciplinary notices must be by written notice to the employee and to the Shop Steward who will be provided use of reasonable technical support (scanner, fax) to assist him in notifying the Union.

Section 5: The following shall constitute, but not be limited to the Employer's rules and regulations as agreed upon by the Union, which the employees shall be required to follow:

a) Vending, soliciting, or collecting contributions for any purpose whatsoever, at any time on the premises.

b) Excessive absenteeism and tardiness as defined between the Employer and the Union.

c) Failure to perform work as directed and according to reasonable standards after receiving training or directions.

d) Failure to report to place of work after punching a time clock or signing in.

e) Employees shall not wash up or change clothes until their equipment is cleaned and stored. Employees shall not leave the premises before the end of their scheduled workday.

f) Leaving assigned work area without notifying the Supervisor during regular working hours, except for emergencies.

g) Creating or contributing to unsafe working conditions shall not be permitted.

h) Smoking, drinking sodas and coffee in unauthorized areas on Company time shall not be permitted.

i) The use of abusive language to Supervisors or fellow employees shall not be permitted

j) Employees shall be required to report to work in uniform and shall maintain a high level of personal hygiene.

k) Approaching customers or fellow employees to borrow money or accepting offers to loan money from such individuals.

Employees in need of money should contact their supervisor or other members of management.

I) Pursuant to the Federal Acquisition Regulations, offering or accepting any gift, gratuity or business courtesy to/from the customer valued at more than $20 at a single occasion and no more than $50 per year from all sources.

m) Personal use of cell phone during working hours, except in emergency situations.

n) Failure to keep management advised of situations that may develop that could prevent the employee from completing their assigned duties in their normal workday or any complaints from the customer that have been shared with the employee.

o) Employees shall not approach the Government to discuss job related business unless permission is granted by the Employer and the Union. If approached by the client/government concerning such items, the employee should immediately notify a member of management so they may address the issue.

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Article 22

Grievance Procedure and Arbitration

The Union shall be the sole judge as to the validity of any grievance. The decision of the Union shall be final and binding on the employee. The Company will be the sole judge as to the validity of any grievance brought by the

Company.

Section 1: With respect to any dispute, complaint or grievance arising out of the interpretation or application of

Article 2, the employer herby acknowledges that the Union may, at its option, bypass Steps Two (2) and Three

(3) of this grievance procedure and proceed immediately to Step four (4). The parties to this Agreement, in the interest of resolving all disputes, complaints or grievances in connection with the interpretation or application of the terms of this Agreement, or other disputes relating to any terms and conditions of employment or termination of employment, including all statutory or common law claims, have settled upon the following orderly and peaceful procedures:

Step 1: the matter of concern shall be formalized in writing and submitted by the aggrieved employee's representative to the Project Manager. The grievance procedures shall be invoked within ten (10) working days of the occurrence of the incident giving rise to the grievance. The Project Manager will provide their answer in writing to the aggrieved within ten (10) business days (Monday through Friday excluding holidays or other closures). A copy of the decision will be provided to the Union representative. Most grievances should be resolved at this level of the grievance procedure.

Step 2: If the matter is not resolved in Step 1 within ten (10) business days after receipt of the written decision, the grievant's representative shall submit the matter in writing to the Labor Relations Director or designee. The Company shall give a written response within ten (10) working days, if no satisfactory settlement is arrived at within the ten (10) business days period, either party may refer these matters to Step

3 Arbitration.

Step 3: The party invoking provisions of Step 3 shall, within ten (10) business days request in writing (copy to other party), the Federal Mediation and Conciliation Service to supply the parties with a list of seven (7) arbitrators. The selection of an arbitrator and the conduct of the arbitration proceedings shall be in accordance with the procedure of the Federal Mediation and Conciliation Service. Upon receipt of the list of arbitrators, the parties hereto shall meet within a period of ten (10) business days from the date thereof and invoke the following procedure to arrive at an impartial arbitrator. The party desiring arbitration shall strike the first name, notifying the other party of such action and each party in turn then striking one name until one name only remains, who shall be designated as the impartial arbitrator. The decision of the arbitrator shall be final and binding upon both parties, provided however, that the arbitrator shall be empowered only to interpret and apply the provisions of this Agreement, and shall have no authority to add to, subtract from or modify any provisions of this Agreement. The final and binding provisions also apply to employees. Wages are not subject to arbitration. Each party shall bear its own cost in connection with the arbitration, including the cost of any transcript desired by it. Cost of the arbitration, to include arbitrator fees, facilities, etc., will be split evenly by the parties.

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Article 23 Maternity/ Paternity / Family Medical Leave Act

The Company will comply with the provisions of the Family Medical leave Act (FMLA). Nothing contained in this

Agreement is intended to interfere with or impede the Company in meeting its obligation under the FMLA, including the ability of the Company to require the use of paid time off when applicable. The Company shall use its discretion in determining how to structure its leave policies for compliance with FMLA.

Article 24

Military Leave of Absence

The Company will comply with the Uniformed Services Employment and Reemployment Rights Act of 1964 with respect to employees on active duty or reserve training duty.

Article 25

Funeral Leave

An employee who has competed their probationary period shall be entitled to leave of absence with pay at their regular rate for a maximum of three (3) regular scheduled work days lost in case of death in their immediate family;

namely, mother or legal guardian, father or legal guardian, husband, wife, son, daughter, brother, sister, grandparents or grandchildren, mother-in-law, father-in-law, provided the leave of absence is taken during the period between the date of death and the day following burial, both inclusive, and provided further that the employee is prepared to offer valid proof of death and relationship upon request. There will be one (1) day of paid leave granted for the death of an employee's aunts, uncles, sister-in-law, and brother-in-law. The employee shall provide valid proof of death and the relationship to the deceased within five (5) days after return from the leave of absence. Failure to provide such proof may be cause for immediate discharge. One extra day will be granted for individuals traveling more than 200 miles.

Article 26

Jury Duty

An employee who has completed their probationary period and who serves on jury duty shall be compensated by the Company their regular rate for regular scheduled workdays lost, provided that such compensation shall not exceed ten (10) paid days per calendar year. Whenever an employee is temporarily excused from jury duty by the court on their scheduled workday, they shall advise their supervisor as promptly as possible and stand ready to report for work if requested by the Company. The notice to report for jury duty must be reported immediately upon receipt to the appropriate supervisor on the employee's next scheduled shift for planning purposes.

Article 27

Bulletin Board

The Company will provide designated bulletin boards with adequate space for the posting of Union notices. Such

Union notices are not subject to prior review by Management. The Union shall not post any obscene, pornographic, religious, or otherwise offensive or derogatory information against the Company or Management.

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Article 28

Health and Welfare Insurance Plan

The Company will continue to offer the Man-U (Health Fund) and operate under its terms.

The Company and the Union understand that state and federal laws, including but not limited to the

Affordable Care Act, implementing regulations, administrative rulings and court decisions issued pursuant to such laws associated with health care insurance coverage, the provision and costs of certain health care benefits, as well as the parties' respective obligations provided for in this collective bargaining agreement

("CBA").

Schedule A of this CBA contains provisions requiring the Company to participate in a multi-employer health and welfare benefits plan ("Plan") and to make defined health and welfare contributions to the Plan's health and welfare trust fund ("Plan Trust") on behalf of eligible employees covered by this CBA.

The Company and the Union understand and agree that the Company's obligation to participate in the Plan and make contributions to the Plan Trust is conditioned on: (a) eligible employees opting-out of auto-enrollment in the

Company's group health plan and (b) the Plan's terms or operations not resulting in the Company's failure to meet required Health Care Mandates including, but not limited to, the mandate to provide minimal essential coverage that meets the minimum value and affordability requirements, or (c) the Company not being subject to additional health and welfare costs (including penalties or taxes), pursuant to applicable Health Care Mandates, as a result of its participation in the Plan other than the Company's health and welfare benefit contributions to the Trust in the amount set forth in this CBA.

In order for the Company to determine whether its participation in the Plan may result in the Company incurring additional costs, penalties or excise taxes pursuant to applicable Health Care Mandates, the Company must be provided with information from the Plan and the Trust no later than thirty (30) calendar days following its request for such information. If the Plan or the Trust:

1. Refuses or otherwise fails to make the requested information available to the Company within the time period stated above; or

2. When requested to do so, fails to certify…