A22 CBA MTNT 2017 - 2020 .pdf

JULY 1, 2017 THRU JUNE 30, 2020

BETWEEN

MTNT CONSTRUCTION, LLC

FORT McCoy, WISCONSIN

AND

INTERNATIONAL ASSOCIATION OF MACHINISTS

AND AEROSPACE WORKERS

PREAMBLE

This Agreement is made and entered into by and between MTNT Construction, LLC (hereinafter referred to as the “Company”) and The International Association of Machinists and Aerospace Workers, AFL-CIO, District Lodge No. 66 (hereinafter referred to as the “Union”), at Fort McCoy, Wisconsin this day of July 1, 2017, and continue until midnight June 30, 2020.

ARTICLE 1

RECOGNITION

Section 1. The Company recognizes the Union, its agents and representatives as the exclusive collective bargaining representative of all of the employees within the bargaining unit defined in Article 1 of this Agreement.

Section 2. The Company hereby recognizes the Union, its designees, representatives, successors and/or assigns, as the sole and exclusive collective bargaining representative for the purposes of collective bargaining with respect to rates of pay, wages, hours, and other conditions of employment for all of its full time, and regular part-time and seasonal employees employed by the Company as certified by the National Labor Relations Board in Case # 30-RC-6664. The bargaining unit includes all full time and regular part-time and seasonal employees, and lead employees employed by the Company at its Fort McCoy, Wisconsin location within the Department of Public Works Shop areas in the following job classifications: Appliance Mechanic, Carpenter Maintenance, Electrician, Maintenance, Fire Alarm System Mechanic, General Maintenance Worker, Painter, Plumber, Pipefitter, Sheet Metal Workers, Truck Driver Heavy, Truck Driver Medium, Truck Driver Light, HVAC Mechanic, Laborer, Machinist Maintenance, Heavy Equipment Operator, Recycling Workers, Laborer Grounds Maintenance, Mobile Equipment Servicer, Tractor Operator, Pest Controller, and excluding all clerical employees, professional employees, managerial employees, guards and supervisors as defined in the Act. Inactive positions still included in this recognition clause are: Controls Technician, Gardener, Locksmith, Material Coordinator, Electronics Technician III, Environmental Technician and Maintenance Trades Helper.

Section 3. This Agreement shall cover all of the work of the occupational classifications set forth in Appendix A to this Agreement, including newly established related classifications employed by the Company under its contract with the Army at Fort McCoy, Wisconsin.

Section 4. If the Company elects to use bargaining unit employees to accomplish Davis- Bacon work, the employees will receive the applicable Davis-Bacon rates of pay. Under no circumstances will employees work on Davis Bacon work without first obtaining specific written authorization. The applicable Davis-Bacon fringe benefit will be applied toward health and welfare benefits with any residual amount deposited into an employee’s Company Sponsored Service Contract Plan.

Section 5. The Company will establish and maintain a “rolling seniority list” for Davis Bacon work. The most senior on the list of qualified employees will be the first offered to fulfill a Davis Bacon work requirement. The next Davis Bacon work requirement will be offered to the next employee in order on the seniority list and so on until all employees on the list have been afforded the opportunity to work Davis Bacon work requirement. Each time that this process has been completed, the process will begin again with the first and most senior employee on the list.

ARTICLE 2

PURPOSE

Section 1. It is the intent and purpose of this Agreement to establish the wages, hours, and terms and conditions of employment for Employees in the represented unit defined in Article 1, entitled Recognition, to provide orderly collective bargaining relations between the Company and the Union to secure prompt and fair disposition of grievances, and to further stabilize employment relations for the duration of this Agreement.

The Union recognizes that the Company is a contractor to the Federal Government. The parties agree that it is in the best interest of the Union and the Company to develop a Labor/Management relationship that respects the mutual interests of the parties. The parties further agree that such a relationship fosters an environment that enhances the mission of the United States Army.

Whereas the Company and the Union have bargained collectively, in good faith, with respect to wages, hours, and other conditions of employment for employees in the bargaining unit herein defined, and have reached agreement.

ARTICLE 3

MANAGEMENT RIGHTS

Section 1. Except as specifically limited or modified by the provisions of this Agreement, the Company has and shall retain the exclusive right of management of its operations and the direction of its employees including, but by no means limited to, the right to plan, train, direct, and control all Company operations and the employees assigned thereto; to maintain order and efficiency; the right to hire, schedule and assign job duties, approve vacation time usage, suspend, layoff, promote, demote, transfer, discipline, and discharge employees; to adopt, amend, and enforce work and safety rules and procedures, including drug and alcohol policies; to determine the number of hours per day or per week; to increase, decrease, or discontinue operations in whole or in part; to determine the job classifications and qualifications of employees assigned thereto; to establish and enforce standards for the quality and quantity of work required to be performed in all jobs; the right to determine what work and functions in the Company’s business will be performed by independent contractors, and to require overtime work to fulfill necessary contract requirements.

The foregoing enumeration of the Company’s rights shall not be deemed to exclude other preexisting rights or customary functions of management which do not conflict with the provisions of this Agreement.

ARTICLE 4

NON-DISCRIMINATION

Section1. The Company and the Union agree that there shall be no discrimination against any employee or applicant for employment because of race, color, age (as defined by law), religion, sex, physical or mental disability unrelated to the job requirements, or national origin in accordance with the provisions of any applicable local, state, or federal law.

ARTICLE 5

PROBATIONARY EMPLOYEES

Section 1. New employees, including those rehired after a break in service, are probationary employees for the first ninety (90) calendar days of employment. For purposes of computing the termination date of the probationary period, all absences from work by a probationary employee shall not be counted. During such probationary period, the employee may be laid off, suspended, or discharged at the sole discretion of the Company. While probationary employees are entitled to the benefits as specified in this Agreement, probationary employees shall not have the right to file grievances or have grievances filed on their behalf by the Union; however, it is understood that probationary employees are eligible for benefits as specified in this Agreement.

Section 2. After successful completion of the probationary period, the employee’s seniority shall be retroactive to the date of hire.

ARTICLE 6

NO STRIKE / NO LOCKOUT

Section 1. During the term of this Agreement or any extension thereof, neither the Union, its officers, agents, members, or any employee will authorize, instigate, condone, aid, participate in, or engage in any form or type of strike, sympathy strike, work stoppage, slowdown, boycott, picket line, refusal to work overtime, refusal to cross any picket line, or any other interruption, refusal, cessation or interference with the Company’s work or any impeding of the work or operations of the Company, regardless of whether such action is taken in protest of matters or actions covered by this Agreement. On the contrary, the Union will actively discourage and endeavor by using every legal means at its disposal to prevent or terminate any of the foregoing instances. No rules, customs or practices shall be permitted which limit or delay the delivery of service, or unreasonably increase the time required to do any work.

Section 2. The Company agrees that it will not lockout any of the employees in the Bargaining Unit during the period of this Agreement.

Section 3. Employees shall not cause or take part in any illegal strike or work stoppage in violation of this article and any employee who violates this provision shall be subject to discipline and discharge by the Company. The degree of discipline under this Article shall not be considered a grievance or subject to review through the grievance procedure. It is understood and agreed by the parties that an employee does have the right to file a grievance solely on the issue of whether he did, in fact, violate the provisions of this Article. It is expressly understood that the Company in administering discipline, including discharge, for any of the violation cited above in this Article, may distinguish between leaders and other participants if it deems appropriate.

Section 4. Nothing in the above shall preclude any right to which the Company may be entitled to secure legal or other redress from any individual who has caused damage or injury to or loss of property, nor does the Company give up any rights in this regard to which it may be entitled.

ARTICLE 7

UNION SECURITY & RIGHTS OF EMPLOYEES

Section 1. During the term of this Agreement, the Company, insofar as permitted by State and Federal law, shall deduct out of the current net earnings payable to an employee covered by this 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. Failure to authorize dues or applicable service fees deductions does not relieve employees from the Union shop obligation under this Article.

Section 2. In making deductions and remittances for applicable service fees, reinstatement fees, initiation fees and dues to the Union, the Company is entitled to rely upon the notification of the Financial Secretary of District Lodge 66 of the amount of money due the Union by an employee. The Union agrees to and does hereby hold and save the Company harmless from any and all liability, responsibility, or damage for deduction, payment authorization, or notification as provided for in this Article, specifically including, but not limited to, the Company’s agreement to honor the dues check-off authorization cards on file by which employees authorize the deduction of Union dues, initiation fees and uniform assessments from the employee’s pay check, and the Union assumes full responsibility for the disposition of the funds so deducted when turned over to the Financial Secretary of the Union.

Section 3. Deduction from money due the employee pursuant to this Article shall be made from the net earnings due the employee payable on the first regular payday in each month, provided the Company has received such authorization and notice from the Financial Secretary of District Lodge 66 by the 25th day of the preceding month in which such deductions are made. There shall be only one remittance per month by the Company.

Section 4. In the event an employee does not have sufficient earnings on the first regular payday in the month to cover the amount of said deductions for that month, the Company shall make such deduction from the earnings due the employee on the first regular payday of the next succeeding month. Except as provided above, deductions for applicable service fees or dues shall be for the current month only.

Section 5. Deductions shall be remitted to the Financial Secretary of District Lodge 66 not later than 15th of the month following the month in which the deductions were made.

The Company shall furnish to the Financial Secretary of the Local Union at the same time, a list showing those members for whom deductions have been made and the amount thereof.

Section 6. Should an employee be promoted or transferred to a managerial/salaried classification not covered by this Agreement, the Company shall cease deducting applicable service fees or dues from such employee. When ceasing to deduct applicable service fees or dues for reasons cited in this section, the Company shall submit the names of such employees, and the reasons for no deduction to the Financial Secretary of District Lodge 66.

Section 7. As provided herein, all employees now or hereafter employed in the classifications and work covered by this Agreement, and as it may have been supplemented or amended, shall as a condition of continued employment in such work become and remain members in good standing in the Union or pay applicable service fees within ninety one (91) days following the beginning of such employment or the effective date of this Agreement, whichever is later.

Section 8. The Company will within ten (10) workdays after receipt of notice from the Union, discharge any employee who is not in good standing in the Union. Any employee so discharged shall be deemed to be discharged for “just cause”. “Good standing” is defined as in compliance with standards permitted by NLRB and court decisions relating to Union shop requirements.

ARTICLE 8

HOURS OF WORK AND OVERTIME

Section 1. The regular workweek for all full time employees shall be forty (40) hours per week. The start of the workweek will be 12:00 am Monday and will end at 11:59 pm the following Sunday. The term workday shall mean the consecutive twenty four (24) hour period commencing with the start of the employee’s regularly scheduled shift or as designated by the Company. Shift schedules may differ by department, work area, or job classifications. By agreement between the Local Union and Local Management, the “basic work week” for certain employees may begin on a day other than Monday.

Section 2. The provisions of this section shall not be construed as guaranteeing a minimum number of hours of work or pay per day, per week, or per year.

Section 3. Work performed in excess of forty (40) hours in a workweek will be paid at the rate of time and one half times the employee’s regular rate of pay.

Section 4. Employees will be required to work overtime whenever required to do so by the Company. In the event that not all of the qualified employees on a shift or in a department are required to work overtime, opportunities to work overtime will be offered by the Company as equitably as possible to the employees who are qualified to perform the overtime work that is required. The Company will establish and maintain a “rolling seniority list” for overtime opportunities. The most senior on the list of qualified employees will be the first offered to fulfill an overtime requirement. The next overtime opportunity will be offered to the next employee in order on the seniority list and so on until all employees on the list have been afforded the opportunity to work overtime. Each time that this process has been completed, the process will begin again with the first and most senior employee on the list. If a sufficient number of qualified employees do not accept the overtime work, the Company may require qualified employees with the least job classification seniority to perform the overtime work. In no event will the Company be required to pay for time not worked under this Article. All new hire employees that are within their 90 day probationary period will be added to the rolling seniority list in order of date hired and will be afforded equitable opportunity for overtime as indicated above.

Section 5. Employees will be notified as soon as practical regarding the scheduling of any overtime work.

Section 6. There will be no pyramiding of any premium or overtime pay for the same hours worked.

Section 7. Employees will be granted one (1) thirty (30) minute uninterrupted unpaid lunch period during each workday. Lunch periods will be scheduled by the Company based upon work requirements from the Government. The Company will endeavor to schedule lunch periods approximately half-way through the scheduled shift. The Company will provide sanitary break room facilities for employees to observe their lunch break and if not in the proximity of such facilities, employees will be allowed to utilize assigned vehicles to travel to such facilities.

1. A worker may not depart a worksite for a lunch period or for any other reason unless the work site is left in as safe condition.

2. The lunch period will be observed between 11:30 AM and 12:00 Noon daily unless otherwise approved by the employees immediate supervisor and/or manager. The lunch periods may be modified to accommodate the splitting of similar craft workers lunch periods. In this case, a lunch period may be observed between 12:00 Noon to 12:30 P.M.

3. For second and third shift employees, their lunch period may be as they deem appropriate and as record on their time card. If the employee receives a service order call, he/she should notify the caller that he/she is taking their lunch period and will respond to the service order as soon as they complete their lunch. This should be noted on the service order that is received.

4. In the case of service order, work order or preventive/recurring maintenance work orders, the worker shall document on the applicable work management document any all times that his/ her lunch period is taken at other than the designated time.

5. If the employee desires to travel to a location other than his or her current worksite for his or her convenience or for other reasons, the time to travel from and to the work site shall be part of the thirty (30) minute lunch period. Exceptions shall be preapproved by the employee’s immediate supervisor and/or manager.

A fifteen (15) minute break will be provided to employees approximately half way through the first half of a shift and another fifteen (15) minute break approximately half way through the second half of a shift. Breaks must be taken in place whenever possible.

If the Government has an intermittent closure of the military base for a specific reason, thus making it unable for employees to perform their jobs, the Company agrees to pay these employees for these days lost to such closure. This provision does not apply if the Company does not receive reimbursement from the Government for such closure.

ARTICLE 9

SENIORITY

Section 1. Seniority for purposes of this Agreement shall represent an employee’s total unbroken length of service with the Company, including continuous service with a predecessor contractor. Job classification seniority is defined as the total unbroken length of service an employee acquires in a particular job classification. In the event two (2) or more employees have the same seniority date, the most senior employee will be determined by using the employees’ last four (4) digits of the employees’ social security number with the most senior being the employee with the highest number.

Section 2. Full time employees are in a separate seniority group, part-time employees in another separate seniority group, and seasonal employees in another separate seniority group. Each seniority group is independent of the others. Employees moving from part-time to full time status, or vice versa, will obtain a new full time or part-time seniority based upon the effective date of the change.

The parties recognize the unique circumstances surrounding the employment of seasonal employees. The seasonal employees’ seniority is exclusively for the purpose of determining the sequence of laying off and recalling employees as work is available.

Section 3. Seniority shall be broken under the following circumstances:

a. Discharge

b. Resignation

c. Retirement

d. Failure to comply with, in the case of a lay-off, the reduction in force and recall provisions as set forth in this Agreement.

e. Failure to perform any work (excluding layoffs) for the Company for a period of nine (9) consecutive months.

f. Failure to return from a leave of absence.

g. If absent from work without notice to the Company for two (2) consecutive work days and without an excuse acceptable to the Company.

Section 4. If an employee is transferred to a non-bargaining unit position for less than ninety (90) consecutive calendar days, he/she may return to a position within the original job classification they left and is covered by the collective bargaining agreement with his/her original seniority date restored or to any other bargaining unit position the employee may be fully qualified for if a valid vacancy exists, otherwise all seniority rights are lost.

Section 5. The Company shall prepare and maintain, subject to examination and correction by Union representatives, the following Company seniority lists:

a. Full time employees

b. Part-time employees

c. Seasonal employees

Each list shall be dated and specify the employees name, job classification, and date of hire. Each list shall be in descending order from the most senior to the least senior employee. The stewards and Business Representative shall be provided with a copy of each list. Employees shall have the right to protest any error they believe exists in a seniority list. An updated copy of the seniority lists shall be provided to the Stewards and the Business Representatives every six (6) months.

The Company will notify the Union Steward of any new hires in the unit within 30 days of hiring. The Company will incorporate the initial bargaining unit applications into the Company’s new employee orientation and in-processing program.

ARTICLE 10

REDUCTION IN FORCE

Section 1. In the event a reduction in force shall become necessary because of a lack of work or other justifiable reasons, the Company will first seek volunteers for a reduction in force before laying off employees. It is understood that volunteers may not necessarily be selected for a layoff. If an additional reduction is necessary, probationary employees will be laid off first and thereafter part-time employees. If a further reduction is still necessary, full time employees will be laid off by job classification in accordance with their seniority. Those employees with the least seniority will be the first to be laid off.

An affected laid off employee may bump an employee with less seniority in another job classification, provided that he/she successfully occupied that job classification.

Employees must notify the Company within three (3) work days of their intention to exercise their bumping rights.

It is understood that Stewards shall have seniority over all employees they represent during a reduction in force, provided work in their classification or work in classifications wherein they have a displacement right is available, and so long as the Steward’s duties would permit such seniority preference under existing law.

Section 2. Recall rights are effective for a period of eighteen (18) months from the day of layoff or reduction in force. The Company will send the notice of recall by registered mail to the employee’s last known address as indicated on Company records. Recalled employees must respond within five (5) work days after receipt of notification, and must report for work within ten (10) calendar days of notification. Failure to comply with the provisions of this Article shall be considered a voluntary resignation.

Section 3. Probationary employees shall have no recall rights.

Section 4. Seasonal employees are laid off and recalled for work by job classification and in accordance with their seniority within their separate seniority group.

ARTICLE 11

PROMOTIONS / TRANSFERS

Section 1. Job opportunities will be offered to employees through a job bidding system.

Job openings will be posted on Company and all Union bulletin boards and on the

Company’s website for five (5) working days. A Job Posting Application must be completed and submitted prior to the close of the posting period for consideration.

Section 2. The successful applicant will be selected on the basis of job related qualifications, as determined by the Company, that include such factors as seniority, acquired skills, ability, experience, past performance, dependability, and education. All qualified bargaining unit employees will be afforded an opportunity for an interview provided that they apply in accordance with the provisions herein indicated and are determined to meet the minimum essential job posted requirements. All employees that desire to be considered for a posted position must fill out and submit the Company’s application. When these qualifications are substantially equal, seniority will be the determining factor.

Section 3. The successful bidder will serve a ninety (90) day trial period in the new job.

During this trial period, if the employee’s performance is not satisfactory, or if the employee wishes withdraw his eligibility for the position and terminate the trial period, he/she will be returned to his/her former position. If an employee chooses to terminate such a trial period and effectively withdraw from consideration for the job vacancy, he/she will not be eligible to bid on any job for a period of one hundred and eighty (180) calendar days from the date of his/her decision to withdraw.

A seasonal employee may submit an application for consideration before hiring a new employee from outside the Company in the event a full time or part-time vacancy is not filled by a current employee in either group, Section 4. Nothing in this Agreement shall limit the Company’s flexibility in temporarily assigning employees to work in any job they are qualified to perform provided for up to ninety (90) consecutive, calendar days provided:

a. If transferred to a lower rated job, he shall still receive his regular wage rate;

b. If transferred to a higher rated job by his supervisor, he shall receive the higher wage rate;

c. In the case of Roads and Grounds employees, if an employee is driving, loading, hauling and delivering with an assigned truck and performing specifically assigned work during a work day, the Company will pay each employee performing such assigned tasks a minimum of one (1) hour of Heavy Equipment Operator pay per day the days the assigned work task was required for the employee to operate heavy equipment on that day and he/she is fully qualified to operate such item(s) of equipment. This provision is solely in consideration of truck drivers that are required to load their trucks with, for example gravel, and are required to deliver such materials over the period of a work day. Employee’s supervisor or manager must approval the OJC time reported on the individual time cards.

d. If an employee is working in an Out-of-Job-Classification for more than 50% of his/her time over a 3 month period, the Company will review, at request of the

Union, the possibility for a full-time position being established in that job classification.

e. All Out-of-Job-Classification work must be pre-approved in accordance with Company policy other than the provisions of subparagraph d. above.

ARTICLE 12

GRIEVANCE PROCEDURE

Section 1. A grievance is defined as a dispute involving the interpretation or application of a provision of this Agreement.

Section 2. An employee and/or a steward meeting with a supervisor or manager in accordance with the steps outlined in this grievance procedure may do so without loss of pay. Employees and/stewards will not be compensated for time spent investigating grievances.

A grievance shall be processed in accordance with the following steps in the grievance procedure outlined below: (Steps 1 and 2 play an important and irrefutable part in the grievance process which ensures that every effort to resolve a matter is attempted at the lowest level and that no level of supervision or management is by passed in the process. The Company recognizes that due diligence during the three step process also allows both parties to opportunity or review and reconsider an action or decision as well as other possible alternatives and action which may be in the best interest of the Company, the employee and the Union. In unusual and limited circumstances which may warrant and upon mutual agreement of the Union’s District Business Representative and the Project Manager, a grievance may be initiated directly at the Step 3 level.)

Step 1. A grievance shall be first presented to the employee’s supervisor within five (5) work days of the date of occurrence which is the basis of the grievance.

The supervisor, the employee, and the steward, if requested, will discuss the issue and attempt to adjust the matter. A steward will be provided when requested by the employee. The supervisor will provide an answer to the employee within five

(5) work days of their discussion.

Step 2. If the grievance remains unresolved, the grievance will be presented in writing to the Department Manager within five (5) work days of the supervisor’s answer in Step 1 on a grievance form that indicates the Articles and Sections of the Agreement allegedly violated, the date the grievance is written, the facts behind the grievance, the date of the occurrence, and the remedy requested. The

Department Manager will meet with the employee and a union steward to discuss the grievance and will provide a written reply within five (5) work days of their meeting.

Step 3. If the grievance remains unresolved, then the grievance will be presented to the Project Manager within fifteen (15) work days of the Department Manager’s response. The Project Manager and the District Business Representative and/or the Grand Lodge Representative of the International Union will meet within fifteen

(15) work days to discuss the grievance. The Project Manager will provide a written answer to the grievance within ten (10) work days of their meeting.

Step 4. If the grievance still remains unresolved, the grievance may be submitted to arbitration provided such submission is made within twenty (20) work days of receipt of the third step reply. The party requesting arbitration shall request a panel of seven (7) arbitrators from the American Arbitration Association (AAA) and will notify the other party of such action.

Section 3. Within ten (10) work days of receipt of the panel from AAA, the arbitrator will be selected by the parties alternately striking names with the last remaining name on the list representing the arbitrator who is selected.

The arbitrator shall not have the authority to add to, subtract from, modify or alter any of the terms of this Agreement. The arbitrator shall limit his decision to the interpretation of the Agreement and to a settlement of the particular grievance under consideration.

The arbitrator’s decision shall be final and binding on both parties. Expenses and preparation of their case shall be borne by the party calling their witnesses and the preparing their case. Any filing and processing fees required by the AAA shall be paid by the party requesting arbitration. The expenses associated with a place for holding the hearing shall be shared equally between the parties. The expenses for the arbitrator shall be paid by the non-prevailing party to the arbitration.

It is agreed that the time limits set forth in the above steps may be extended by mutual agreement.

Section 4. Any grievance not appealed from one step to the next step of the grievance procedure within the allocated time limits shall be deemed settled on the basis of the last answer provided by the Company. The time limits are of the essence and may be extended only by mutual agreement between the parties in writing, or verbally with immediate written confirmation.

ARTICLE 13

LEAVE OF ABSENCE

Section 1. The Company may grant an employee an unpaid leave of absence for ten (10) days for compelling personal reasons. A written request for an unpaid leave of absence must be submitted and approved in advance by the Company and the employee must have maintained a satisfactory employment record with the Company for one (1) year prior to submitting a request.

Section 2. The Company will grant eligible employees up to twelve (12) weeks of unpaid family and/or medical leave during any twelve (12) month period in accordance with the provisions of The Family and Medical Leave Act (FMLA) of 1993 and the Wisconsin Family and Medical Leave Act. Employees must exhaust any accrued paid vacation or sick leave prior to being granted FMLA.

Section 3. Employees who are not eligible for Family/Medical Leave may be granted up to six (6) weeks of unpaid leave. Employees must exhaust any accrued paid vacation leave for any workweeks during Leave of Absence.

Section 4. Military leaves of absence will be granted in accordance with the provisions of the Uniform Services Employment and Reemployment Rights Act.

Section 5. An employee elected or selected to a fulltime job in the local union, AFL-CIO, or the International Union, which takes them from their employment with the Company, shall upon written request to the Company receive a leave of absence without pay. Upon completion of their leave of absence, they shall be re-employed according to their seniority in work generally similar to that which they last performed prior to leaving and at the wage rates existing at the time of their return, provided such work is available for them according to their seniority. Seniority will accumulate during such leave of absence.

Section 6. Leaves of absence without pay may be granted by the Company on three (3) days written request of the Union to attend to official union business on behalf of the local, district lodge, or the International Union. Such leaves may not exceed seven (7) calendar days. It is the intention of the Union to honor and respect the requirements of the mission in requests for such leaves of absence.

Section 7. Seniority shall accumulate during all leave of absence defined above, unless specifically stated otherwise.

ARTICLE 14

DISCIPLINE AND DISCHARGE

Section 1. The Company may establish standards of conduct i.e. rules, and procedures for the protection of the rights of employees, the preservation of the Company and Government’s property, and for orderly and efficient operations. It is understood that the Company may add to or amend such standards or rules and procedures from time to time as may be necessary. The Union shall be furnished a copy of any such changes at least five (5) days before they become effective, except in cases of safety rules. All policy changes and formal changes of processes or procedures will be communicated in writing to all employee(s).

Section 2. The parties recognize the issuance of progressive warnings may occur for violations of any rule for progressive discipline, and not for violations of the same rule. It is understood that discipline administered for just cause by the Company may be subject to the grievance procedure. An employee will be provided a steward during a disciplinary interview.

Section 3. Although some standards or rules involve behavior so serious that a discharge for just cause may be appropriate for the first violation, in the event an employee may violate a rule which violation is cause for progressive disciplinary action, the following procedure will be followed:

a. Verbal Counseling— documentation to be provided to the employee and placed in employee’s personnel file.

b. Written Warning-- documentation to be provided to the employee and placed in employee’s personnel file.

c. Suspension— documentation to be provided to the employee and placed in employee’s personnel file.

d. Discharge--- documentation to be provided to the employee and placed in employee’s personnel file

Section 4. A disciplinary action issued pursuant to the above procedure shall be cancelled after twelve (12) consecutive months providing an additional disciplinary action has not been issued to the employee. Thereafter, for example, a warning no. 3 becomes no. 2, and no. 2 becomes no. 1, and no. 1 becomes 0 (zero). Warnings or reprimands will not drop off if there is a pending action or investigation in process of an employee.

ARTICLE 15

SAFETY AND HEALTH

Section 1. The Company will continue to make reasonable provisions for the safety and health of its employees during the hours of their employment. The Company further agrees that it will remain in compliance with all applicable laws and regulations pertaining to safety.

Section 2. Protective devices, apparel and other equipment necessary to protect the health and safety of employees will be provided by the Company. The Union recognizes the duty of employees to cooperate with the Company in its safety and health program, to adhere to all of the Company’s safety rules and procedures, and to properly use all of the safety equipment provided by the Company. Failure to do so may result in discipline up to and including discharge.

Section 3. The Company will establish and maintain a Safety Committee that will meet on a monthly basis to both foster and promote the safety program. The Company’s Safety Committee membership will include the Project Manager, the Company’s Safety Manager, one supervisor or manager, two bargaining unit employees and two SCA non-bargaining unit employees. The supervisor/manager and one Union and one Non-Union employee representative shall rotate with new employees every six months in order to allow for maximum employee involvement and fresh ideas on a regular basis. One Union position will be permanent on the Committee as appointed by the Union.

ARTICLE 16

UNION REPRESENTATION

Section 1. The Union Business Representative/Grand Lodge Representative will be designated in writing to the Company and shall have access to the MTNT Construction, LLC facilities located at Ft. McCoy, subject to normal base security procedures. The Representative will provide reasonable advance notice to the Project Manager or his designee of his/her date and time of arrival.

Section 2. The Union will furnish the Project Manager or his designee, in writing, the names of the Union Stewards and/or Alternates. The will keep the Company advised, in writing, of any change of Stewards or Alternates. No Steward will be recognized by the Company prior to notification by the Union.

One (1) Steward will be designated and assigned to each of the following areas:

➢ Trade Shops

The Company agrees to recognize an alternate Steward in the absence of one of the above designated Stewards.

ARTICLE 17

MISCELLANEOUS

Section 1. The waiver of, forbearance of, or any breach of this Agreement by either party shall not constitute a precedent in the future enforcement of all of the terms and conditions herein.

Section 2. Should any provision or provisions of this Agreement be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by reason of any decree of a court of competent jurisdiction, such invalidation of such part or parts of this Agreement shall not invalidate the remaining portions of this Agreement and such remaining portions shall remain in full force and effect. Thereafter, the parties will meet to discuss the impact of any such invalidation on the Agreement.

Section 3. It is further acknowledged that this Agreement constitutes the sole and entire Agreement between the parties, and expresses all obligations and restrictions imposed on the Company during its term.

Section 4. The Company shall place bulletin boards at appropriate locations for the exclusive use of the Union. All material to be posted requires the approval of the Project Manager or his designee prior to posting. The Company will provide the means to conduct a private meeting and provide a locking filing cabinet for the exclusive use of the Stewards.

Section 5. Employees will be eligible for tuition reimbursement in accordance with Company policy. It is understood that it is the responsibility of employees to maintain the licenses and/or certifications required to perform occupations for which they are necessary. Failure to maintain the license or certifications may result in the loss of classification status until the deficiency is made up. The Company will reimburse the employee for the cost of the license or certification renewal and the cost of any required continuing education credits associated with renewal.

All applicants for employment will be required to possess the licenses and certifications for the occupation they are applying for.

Section 6. If performance standards are determined by the Company, those standards will be communicated to the employee prior to implementation and in writing. The employee may request a review of those performance standards if the employee regards those standards as unreasonable. This review will occur between the Project Manager, the employee, the employees supervisor and a Union Steward.

Section 7. New Technology

The Company and the Union agree that it is to their mutual benefit and sound economic and social goals to utilize the most efficient machines, processes, systems, methods and/or materials. In this way, the Company will be able to compete effectively in the marketplace, and, thereby, provide economically secure jobs for its employees. It is the Company's policy that when possible to ensure that training is made available for its employees as it may directly apply to contract performance requirements related to the introduction of new technology so that they may have the opportunity to acquire the knowledge and skills required as may be deemed appropriate by the Company.

Section 8. The Company agrees to establish a bi-weekly payroll system as soon as practicable.

ARTICLE 18

OVERTIME

The provisions of this Article are intended only to provide the basis for calculation and payment of overtime.

Overtime shall be distributed on a voluntary basis to employees. The Company will make every reasonable effort to distribute overtime equally among employees in their respective classifications. When such overtime is required, during the regular scheduled weekday, employees involved shall be given as much advance notice as possible. When overtime is required on Saturdays, Sundays or Holidays, the Company will endeavor to make notification of the overtime within 48 hours of the requirement except in consideration of unknown government generated requirements or emergencies which may not allow for such notification.

For employees that are actively working (Fulltime) overtime (one and half, 1½ times the base hourly rate of pay) will be paid for all hours worked outside of the regularly scheduled work hours or on a Saturday or Sunday provided that the employee works his/her complete normally scheduled 40 hour work shift. Properly requested and approved requests for vacation leave, holidays, sick leave, approved leave without pay may be taken in accordance with Company policies during any 40 hour work shift. Failure to comply with these provisions may result in the loss of payment of overtime. At no time may an employee be sent home early or allowed a day off in lieu of or to avoid the payment of overtime that has been worked.

For employees that are actively working (Seasonal), overtime (one and half, 1½ times the base hourly rate of pay) will be paid for all hours worked outside of the regularly scheduled work hours or on a Saturday or Sunday provided that the employee works his/her complete normally scheduled 40 hour work shift. Properly requested and approved requests for vacation leave, holidays, approved leave without pay may be taken in accordance with Company policies during any 40 hour work shift. Lack of work due to inclement weather will not count toward the 40 hour requirement for payment of overtime.

Failure to comply with these provisions may result in the loss of payment of overtime. At no time may an employee be sent home early or allowed a day off in lieu of or to avoid the payment of overtime that has been worked.

There shall be no pyramiding of overtime hours during a workweek.

Hours paid as holiday pay under this Article shall be considered as hours worked for the purposes of computing overtime.

Hours paid as vacation pay and sick leave shall be considered as hours worked for the purpose of computing overtime.

ARTICLE 19

HEALTH AND WELFARE and PENSION BENEFITS

HEALTH AND WELFARE ELIGIBILITY

a. The Company agrees to contribute the amount listed below per hour paid to a maximum of forty (40) hours per week toward medical, dental and vision insurance. However, medical and/or dental insurance coverage may be waived if an employee can provide evidence of comparable coverage in another group plan. Vision insurance is automatically included as part of either medical or dental coverage. Life Insurance, short-term and long-term disability is mandatory and cannot be waived by eligible full-time employees.

October 1, 2017: $6.97 per hour October 1, 2018: $7.47 per hour October 1, 2019: $7.97 per hour

b. The insurance benefits will be in accordance with the Company’s established insurance contracts and plans are subject to change when the Company deems necessary. It is understood that the Company contracts with insurance carriers to provide the benefits contemplated under this Article. Interpretation and application of such contracts shall ultimately rest with the insurance carrier and any dispute there under shall be between the employee and the insurance carrier and not subject to the Grievance Procedure of this Agreement.

c. In the event that the Company's contribution is less than the required contribution rate, as determined from time-to-time by the Company, the Company shall have the right to, and will, deduct from the wages of each employee an amount equal to the difference between the Company contribution and the Plan cost, as determined by the Company.

d. Should an individual’s applicable fringe benefit amount be in excess of the costs of the insurance benefits that employee’s residual amount will be deposited, in the Company Sponsored Service Contract Plan.

e. Part-time, temporary and seasonal employees will have the hourly health and welfare fringe contribution, on a pro-rata basis, be deposited, in the Company Sponsored Service Contract Plan.

ARTICLE 20

HOLIDAYS

HOLIDAY OBSERVATION

Employees shall be granted the following holidays yearly during the life of the Agreement:

i. New Year’s Day

ii. Martin Luther King, Jr., Birthday

iii. Presidents Day

iv. Memorial Day

v. Independence Day

vi. Labor Day

vii. Columbus Day

viii. Veterans Day

ix. Thanksgiving Day

x. Christmas Day

Full-Time employees shall be paid for eight (8) hours at the employees base rate for the holidays listed above.

In order to be eligible to receive Holiday Pay the employee will have had to be compensated for the work day before and after the holiday. The word compensated shall mean either pay for time worked, vacation time or approved sick leave.

Whenever one of the above holidays falls on a Sunday, the Monday immediately following shall be observed. Whenever one of the above holidays falls on a Saturday, the Friday immediately proceeding shall be observed.

If one or more of the above holidays occurs while an Employee is on authorized vacation or approved leave, holiday pay will be substituted for that day.

If the Federal Government or the AWD declares additional holidays, the employer will add these holidays to the current list (or observe it, Ex: President’s Funeral).

This provision does not apply if the Company does not receive reimbursement from the Government for such added holidays.

Part-time, on-call, temporary and seasonal employees who are eligible for holiday benefits will receive compensation for the holiday on a pro-rata basis based on the number of hours worked. This holiday pay will be included in each pay check. Part time, On-call, Temporary and Seasonal employees shall get the holidays observed as time off without pay. (Other than the pro-rata pay from this paragraph)

When an employee works on a holiday, the employee will have the option to choose an unpaid day off within the same workweek with the approval of the Project Manager.

ARTICLE 21

VACATION AND SICK LEAVE TIME

Any employee who will have attained the seniority status specified in the table below during the vacation year shall be entitled to the corresponding vacation with pay. Length of service includes the whole span of continuous service with the present or successor contractor and the with the predecessor contractors in the performance of similar work at the same Federal facility. For any new Seasonal employees hired under this contract a year of service is constituted by 260 days of work. Vacation will be paid out when a new contractor is awarded the government contract per company policy and applicable laws.

This will take place at the end of the government contract, or when a new contractor begins service

Duration of Service Yearly Accrual

Anniversary date year one (1) through the end of year seven (7) 2 Weeks

Beginning of year eight (8) through end of year thirteen (13) 3 Weeks

Beginning year fourteen (14) and over 4 Weeks

Vacation pay shall be at the employee’s base hourly rate, including all applicable premium pay.

Vacation time may be used one day at a time, as long as it is prescheduled and approved by management.

Employees, who are laid off, discharged, or who discontinue service with the Company for any reason, including permanent shutdown, shall be paid any unused vacation credit earned the preceding year. In the case of Seasonal employees, an employee may elect to receive payment of all earned vacation to the date of the seasonal layoff or may elect to carryover that leave balance for a period not to exceed the twelve month period from the employee’s anniversary date. Example: Service Date Anniversary of July 9, 2014 with 80 hours vacation leave earned. Employee has 40 hours remaining at the time of lay-off.