Att 10 CBA and Addendum 1 -17.pdf

P a g e | 2

Preamble

This Agreement entered into on AUGUST 1, 2019 by and between Facility Services

Management, Inc. (hereinafter referred to as the "Company"), and American Federation of

Government Employees, AFL-CIO Local 1662 (hereinafter referred to as the "Union”).

Kellie W. Tipton Construction Co. Inc., a principal subcontractor is an additional signatory to this Agreement.

Whereas, the Union has been designated by the employees in the classifications listed in

Appendix A as the sole collective bargaining agent with respect to wages, hours, and working conditions of employment, and whereas, the parties desire to establish harmonious relations and to provide a peaceful method for the resolution of any disputes and grievances which may arise, and by both parties and for the mutual benefit of both.

NOW. THEREFORE, in consideration of the mutual promises and Agreements herein contained, the parties hereto agree to as follows:

P a g e | 3

ARTICLE 1

Recognition and Membership

1.0 The Company hereby recognizes the Union as the sole and exclusive collective bargaining agent of the employees covered by this Agreement for the purpose of collective bargaining for the purpose of work and other conditions of employment at its U.S. Army site at Ft. Huachuca, AZ doing work under Contract # W9124A-19-C-0002 (DPW Operations and Maintenance Services Contract).

1.1 The term "employee" as used herein shall include only those individuals employed in the job classifications listed in Appendix A.

1.2 Excluded are temporary employees (defined as employees working 120 days or less), confidential employees, managerial employees, guards and supervisors as defined by the National Labor Relations Act of 1947 or by this Agreement.

1.3 The Union agrees, if substantive changes to the Contract are made by the Government that impact the terms to the Agreement, the Union will meet with the Company to negotiate changes to the Collective Bargaining Agreement (CBA) to address the requirements of the

Government.

P a g e | 4

ARTICLE 2

Complete Agreement and Duration of Agreement:

2.0 The parties hereby acknowledge and affirm that during the negotiations which led to this

Agreement each of them had the unlimited right and opportunity to formulate demands and proposals with respect to all subjects of matters, not excluded by law from the collective bargaining area and that all decisions and covenants reached by them through the use of such rights and opportunities appear in this Agreement. Therefore, it is agreed that the items herein set forth contain the complete agreement between the parties for the term of this Agreement.

2.1 This Agreement shall take effect when signed by the Parties and shall remain in effect through

January 31, 2025 and thereafter from year to year unless terminated or amended as provided herein.

2.2 Either party desiring to change or terminate this Agreement must notify the other in writing not less than sixty (60) days nor more than ninety (90) days prior to January 31, 2025.

2.3 The Company and the Union, for the lifetime of this Agreement each agree that the other shall not be obligated to bargain collectively with respect to any subject matter referred to or governed by this Agreement, unless the Company and the Union mutually agree to alter, amend, supplement, enlarge or modify any of its provisions.

2.4 Written agreements between the parties regarding any matter that is not expressly addressed in this CBA will continue in force unless and until the parties otherwise agree.

2.5 Any matters not included in this Agreement or other agreement between the parties may be considered allowable for future negotiations upon written notice to the other party. Unless mutually agreed otherwise, the parties will utilize phone, email and FAX to discuss and negotiate these issues.

2.6 UNION NOTIFICATION: In the event of a contractor change anytime during the DPW

Operations and Maintenance Services Contract, the Union shall be notified immediately from either contractor so as to schedule negotiations of this agreement prior to the start of the new contract date.

P a g e | 5

ARTICLE 3

Management Rights

3.0 The management of the Company and the direction of the working force are vested solely and exclusively in the Company and shall not in any way be abridged, except as specific restrictions are set forth in this Agreement. (The management rights are afforded all subcontractors who are parties to this Agreement.) The parties agree that the Company has the right to establish, modify or continue policies, practices, and procedures for the conduct of the business, supervise employees, to hire employees, to promote employees, to discipline, suspend or discharge employees for just cause, to lay off employees for lack of work, to transfer employees, to assign employees, to determine services, which employees shall perform, to direct, instruct and control employees, including, but not limited to the determination of the number and qualification of employees to perform work, the quality of work standards and the required employee performance to meet such standards, to assign overtime, to determine hours of work, to determine types of equipment, methods and procedures to be employed, to make and enforce reasonable rules to assure orderly and effective work and to perform all other functions in the administration, management, control and/or direction of the business.

3.1 It is understood by and between the parties hereto that employees must be able to obtain and hold a security clearance consistent with Company's contractual requirements as a condition of continued employment. Employees shall also be subject to investigation for security clearance and/or unescorted entry authorization under regulations prescribed by the Department of Defense or any other agencies of the United States Government on Government work. Denial or loss of such a clearance and/or unescorted entry authorization by such Governmental agency shall be just cause for termination without recourse to the grievance procedure.

3.2 SUBCONTRACTORS AND SPECIALIZED WORKERS: It is understood that the Company may utilize, at its sole discretion, subcontractors to perform work on the DPW

Operations and Maintenance Services Contract. The Company may use its own employees that do not work at Fort Huachuca, for specialized work that’s not performed by bargaining unit employees or positions. This would be work that would otherwise be subcontracted. The Company agrees that during the terms of this Agreement it will not subcontract work of the kind or character performed by the Bargaining Unit Employees for the sole purpose of reducing work, hours or displacing Bargaining Unit Employees.

P a g e | 6

ARTICLE 4

Probationary Period

4.0 All Company newly hired employees, to include former employees rehired after loss of seniority, will be regarded as probationary employees for the first ninety (90) calendar days of their employment.

4.1 Probationary employees may be terminated by the Company, with or without cause during or at the end of the probationary period, and the discharge may not be made the subject of grievance either by the employee or Union. Upon completing probation, an employee shall have full seniority retroactive to his most recent date of hire on the DPW Operations and

Maintenance Services Contract at Fort Huachuca.

4.2 Probationary period shall not pertain to employees rehired during a contract changeover, or call back from lay off standby.

P a g e | 7

ARTICLE 5

Union Representation

5.0 A duly authorized representative of the Union (exclusive of the Stewards) shall have access to the job during working hours on Union business. They shall, as regulations on the site permit, obtain specific authorization for each visit from the Company prior to any visit. Although the

Union may visit during working hours all Union business shall be conducted so as not to interfere with scheduled work.

5.1 The Union has the right to appoint no more than two (2) Project Stewards. The Company shall be notified and furnished the name of the Stewards in writing and if one of the Stewards is a Chief

Steward. The Company will deal with any such designated Steward until such designated Steward has been revoked in writing by the Union. The Company will recognize the Stewards for the purpose of representing employees in all steps of the Grievance Procedure. Such Stewards shall be allowed up to two (2) hours per week, with no interference with company operations and performance of work, during working hours, to investigate complaints or grievances in accordance with the terms of the Agreement. In no event shall the presence of the steward disrupt or interfere with the work of the Company. No union representative shall be discriminated against by the

Company because of his faithful performance of duties as steward. The company will allow a

Union representative 8 hours paid duty time once a year for CBA negotiations.

5.2 The Union has the right to appoint Shop Stewards who may be used to pass on information to/from the Stewards appointed as mentioned above regarding any employee issues. A Shop

Steward may be present for disciplinary action meetings if a Project Steward is not available or if requested by the affected employee.

P a g e | 8

ARTICLE 6

Grievance, Mediation and Arbitration Procedures

6.0 When an Employee or the Union has a grievance against the Company, it shall be processed in accordance with the Grievance Procedure hereinafter provided.

Any grievance that either (a) is not appealed or (b) is disposed of in accordance with this Grievance

Procedure shall be considered settled, and such settlement shall be final and binding upon the

Company, the Employee or Employees involved, the Union and its members. Any grievance that is not timely submitted shall be waived. Any grievance that is not answered by the Company shall be deemed denied by the Company.

6.1 STEP 1. An Employee believing that they have cause for a grievance may, at their option, discuss the issue directly with his immediate Supervisor in an attempt to settle the grievance or may take it up with their Union Representative who shall discuss the issue with the Employee's immediate Supervisor within ten (10) calendar days after the incident becomes known. Both parties recognize the desirability of settling problems promptly through full discussion. Every effort will be made to resolve differences at the oral stage of the Procedure. The Union shall be notified of any such proposal to resolve differences at the oral stage of the Procedure.

6.2 STEP 2. If the issue is not resolved orally, the grievance shall be submitted in writing to the

Supervisor at the next highest level within five (5) working days. The written grievance must specify the Article and Section of this Agreement alleged to have been violated; must be signed by the aggrieved Employee or Employees, or Union, and must specify the relief sought. The

Supervisor shall discuss the grievance with the Union Representative within five (5) working days after receipt and shall provide a written answer to the grievance within five (5) working days after such discussion.

6.3 STEP 3. Within five (5) working days of the Supervisor's answer, the Union Representative may appeal the grievance in writing to the Project Manager. The Project Manager or his designated

Representative shall discuss the grievance with the Union Representative within five (5) working days after he received it and shall answer it in writing within five (5) working days after the discussion.

6.4 If an Employee is terminated, Step 1 and Step 2 of this Grievance Procedure shall be omitted and the grievance shall go directly to Step 3. If grieved, the grievance shall be filed within twenty

(20) calendar days of the termination of the Employee.

6.5 The time limits specified in this Article will be strictly adhered to unless adjusted by written agreement of both parties. For the purpose of this Grievance Procedure and the Arbitration Article below, "working days" shall mean Monday through Friday, exclusive of Saturdays, Sundays, and holidays.

6.6 If a satisfactory decision is not granted at Step 3 the grieving party may invoke arbitration within fourteen (14) calendar days. By mutual agreement the parties may use the services of the

Federal Mediation and Conciliation Services to provide a Mediator to help the parties come to a

P a g e | 9 resolution prior to requesting a listing of arbitrators.

6.7 Within ten (10) working days of receipt of notice invoking arbitration, or following the final day of unresolved mediation, the grieving party will request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service using local metropolitan area option only. When the panel is received, the parties in turn shall have the right to strike a name from the panel until only one name remains. The remaining person shall be the arbitrator.

6.8 The Arbitration Procedure hereinafter provided shall extend only to those issues which are herein defined as arbitrable. In order for a grievance to be arbitrable, it must: (1) have been properly and timely processed through the Grievance Procedure; (2) involve interpretation or application of a specified provision or provisions of this Agreement; (3) not rest on any alleged understanding, practice, or other matter outside the scope of this Agreement; and (4) not require the arbitrator, in order to rule in favor of the party requesting arbitration, to exceed the scope of his jurisdiction under this Agreement.

6.9 The declaration that an issue is nongrievable or nonarbitrable will be in writing and will be presented to the grieving party ASAP, but NLT Step 3 of the grievance procedure. Unless mutually agreed otherwise, any threshold issues will be submitted to the arbitrator for a decision along with the underlying grievance.

6.10 The provision(s) of Grievance Procedure in this Agreement is not intended to imply, nor is a third party to infer, that all grievances may be submitted to arbitration and the fact that a controversy has been handled under the Grievance Procedure shall not preclude either party from raising the question of arbitrability with respect to such controversy. If the question of arbitrability is raised, such question shall be submitted, in writing to an arbitrator, and the arbitrator's decision on such question shall be final and binding on both parties.

6.11 At the request of either party, the Company’s Representative and the Business Manager of the Union, or their designated representatives may meet to discuss the issue(s) and arbitrability of said issue(s). Such meeting shall be held as soon as possible after the notice to invoke arbitration is received.

6.12 The arbitrator shall have no power to add to, subtract from, or modify any terms of this agreement or any other agreement made supplementary hereto; it being the intent of the parties that the express and specific provisions of this agreement shall govern the entire relationship of the parties and shall be the sole source of any and all rights or claims which either party may assert against the other.

6.13 The decision of the arbitrator shall be final and binding upon the parties to this Agreement.

The Arbitrator will render a written decision within thirty (30) days of the hearing.

6.14 The compensation and expenses of the arbitrator and other mutually agreed to costs of the arbitration proceeding shall be borne equally by the parties.

P a g e | 10

ARTICLE 7

Union Dues and Checkoff

7.0 Once an employee signs and submits a check-off authorization form to the company that allows union dues withholding from his or her pay check, union dues will be withheld until the employee notifies the Company in writing to stop withholding. The employee will fill out

Union's Form 1188 to stop their Union membership anytime after one (1) year.

7.1 The Union and the Company shall respect the agency of the employee with regard to union membership and neither party shall discriminate against any employee in any manner in regard to his choice of membership or non-membership in the Union.

7.2 For proper dues to be withdrawn, an employee must be receiving sufficient pay on the regularly scheduled payday of the Company which (after other legal deductions) covers the full amount of the dues allotment.

7.3 Union dues will be withheld on a semi-monthly basis on the 10th and 25th.

7.4 Such payroll deductions shall be remitted to the location as designated by the Union postmarked by the fifteenth (15th) of the month following the month the payroll deductions are made. The Company shall furnish monthly to the Union a record of those from whom deductions have been made and the amounts of the deduction.

7.5 The Union will defend, indemnify, and save harmless the Company from any and all claims, demands, liabilities, and disputes arising because of complying with this Article.

P a g e | 11

ARTICLE 8

Work Hours

8.0 The work-week consists of forty (40) hours, Monday through Friday, 7:00 AM to 3:30

PM, a work shift being eight (8) hours. This article does not preclude the Company from setting different work schedules necessary to meet government or work demands.

8.1 The Employees will be allowed to take, on Company time, a fifteen (15) minute break during the first four (4) hours of an eight (8) hour shift and a fifteen (15) minute break during the second four (4) hours of an eight (8) hour shift. The Employee will be permitted a thirty (30) minute lunch break which will be considered unpaid time.

8.2 Shift employees that are required to work ten (10) hour shifts shall be entitled the aforementioned breaks.

P a g e | 12

ARTICLE 9

Wages

9.0 Wage rates set forth in Appendix "A" attached hereto, and made a part hereof, are to be paid to those employees listed under Appendix "A" for the term of this Agreement.

9.1 Wages will be paid semi-monthly on the 10th of the month for the 16th – last day of the month preceding and on the 25th of the month for the 1st through the 15th of the current month.

(Note: Subcontractors who are parties to this Agreement may choose to pay according to their normal pay schedule in lieu of semi-monthly). The data provided under the Company's current payroll system will be made available to employees on their electronic pay stubs. The 401(k) data will be available online.

9.2 Overtime pay will be paid at a rate of one and one half (1.5) times the regular hourly rate for all hours worked over forty (40) hours per week. All overtime work shall be expressly approved by the Company. It is understood that overtime work is determined by the

Company and that overtime pay will be paid consistent with the requirements of the Service

Contract Act of 1965 as amended and the Fair Labor Standards Act as amended, to include any time an employee is suffered or permitted to work.

9.3 Stand-by pay will be paid at a rate of $1.75 per each hour in stand-by status in thirty

(30) minute increments. Stand-by pay shall cease at the point of the initial contact at which time the employee shall revert to the regular rate of overtime pay. Overtime pay will cease and the stand by rate time resumes when the company vehicle and equipment are secured.

9.4 Call-out pay will be paid at a rate of one and a half (1.5) times the employee's regular straight time rate of pay for all time worked on call-out. Employees responding to a call-out will receive a minimum of two (2) hours pay. This does not apply if the hours are continuous with the start or end of the employee's regular work shift.

9.4.1 Call-out pay shall be paid from the time of initial contact to completion of job, which occurs when the Company vehicle and equipment are secured.

9.5 The Company shall first seek volunteers for stand-by status. If no volunteers are available the Company reserves the right to assign stand-by personnel as deemed necessary to fulfill contract requirements.

9.6 Shift Differential. An employee is entitled to pay at his scheduled rate plus a night differential amounting to:

9.6.1 Three (3%) percent of that scheduled rate for regularly scheduled work a majority of the hours of which occur between 3:00PM and midnight.

9.6.2 Five (5%) percent of that scheduled rate for regularly scheduled work a

P a g e | 13 majority of the hours of which occur between 11:00PM and 8:00AM.

9.7 Holiday Premium is defined as the additional premium which is paid for work on a designated holiday. In the event an employee is scheduled to work on a designated holiday, the employee will be paid for all hours of work performed at a rate of one and a half (1.5) times the employee's regular straight time rate of pay, including any applicable shift differential. In addition, the employee will receive the holiday pay allowance of eight

(8) or ten (10) hours for shift personnel at the employee's regular straight time rate of pay.

9.8 'In-lie u-of " holiday employees who work on a holiday may elect, with the approval of their supervisor, to have time off with pay, equal to what they would have gotten had they received the holiday off, on a day other than the actual holiday. This time must be used within three (3) months, but no later than the end of the contract year. When electing such a change of holidays, employees understand that time worked on the original holiday is not paid at one and one half rate.

9.9 When an employee is temporarily assigned to a lesser paying position, the employee shall continue to receive the regular rate of pay. When an employee is assigned to a higher paying position, the employee shall receive the higher rate of pay provided the employee is working in the higher paying position independently of a qualified craftsman and when the Employer expressly reassigns such Employee to work in a higher rated classification.

9.10 In the event of an increase in the Department of Labor wage determinations for Cochise

County, Arizona, where wages or health and welfare fringe exceeds the current CBA rate, the new SCA rate shall become effective once it has been included by contract modification by the

Government into the DPW Operations and Maintenance Services Contract.

P a g e | 14

ARTICLE 10

HEALTH & WELFARE BENEFITS AND 401K PLAN

10.0 The Health and Welfare fringe rates are shown in Appendix A. The fringe rates will be paid for all non-overtime hours up to a maximum of 2,080 hours per calendar year. The following sections describe Facility Services Management, Inc.’s (FSI) benefit programs. Principal subcontractor, Kellie W. Tipton Construction, Inc. will recognize the same health and welfare fringe rates per Appendix A, but company benefits may vary from that of FSI.

10.1 All employees who are Full Time Employees (at least 30 hours per week), shall be eligible to participate in the Company's annual open enrollment benefits plans for health, vision, dental, life insurance, accidental death and dismemberment (AD&D), short-term disability, and long-term disability plans during the term of the Agreement. At a minimum, enrollment in employee only health insurance coverage is required for the employee unless the employee can show that coverage is being provided by another group health insurance policy and declines the health insurance offered by the Company. Enrollment in other Health & Welfare benefits may be required, subject to any laws that the Company must comply with. Employees may also elect health, vision, and dental benefits coverage for their eligible dependents, subject to the terms of the benefit plans.

10.2 The Company will contribute the sum per hour paid, on all non-overtime hours paid, up to

2,080 hours per year, to each full-time employee as set out in Appendix "A" to be used to cover the cost of the employee's elected benefits. The contribution will first be allocated to the cost of the employee only group health insurance, then to the cost of any other elected group benefits and any remainder will be contributed to the Company’s 401K plan. If the cost of the selected benefits exceeds the H&W contribution, the remainder will be deducted from the Employee’s paychecks.

(a) All full-time employees may self-contribute to the Company’s 401K plan, subject to any limits on total contributions per the terms of the plan and applicable laws. Part-time employees not eligible for health insurance benefits will have their Health and Welfare fringe benefits contributed to the Company’s 401K plan.

(b) As these plans are provided by outside vendors and are Company-wide plans the Company maintains the right to pass through improvements, modifications, changes or premiums to these plans at any time. The Company will notify the Union of any changes. However, the fringe benefit amount will be in accordance with Appendix A of this Agreement.

P a g e | 15

ARTICLE 11

SENIORITY and Lay-Off

11.1 Seniority is hereby defined as the Employee’s length of continuous service, commencing from his most recent date of hire with this Company or predecessor employers performing the same services at this DPW Operations and Maintenance Services Contract. The Company recognizes seniority to the limited extent set forth in Section 7.2 of this Article and as a basis for determining Vacation and Sick/Personal Leave benefits.

11.2 The Company recognizes seniority for the purpose of promotions, transfers, recalls, job openings and changes in shifts as a consideration in employment decisions as a factor secondary to experience, qualifications, and demonstrated job performance. Demonstrated job performance is determined through documented reports, including but not limited to quality reports detailing number of reworks and incomplete documentation; work order requests and/or time sheets detailing timeliness and efficiency; and discipline history. Where Employees have substantially the same experience, qualifications, and demonstrated job performance, the

Company will use seniority as a factor in employment decisions.

11.3 The Company agrees to provide to the Union a seniority list on an annual basis to include the name, job classification and date of hire of all Employees provided all newly hired

Employees names will be provided to the Union within 15 days of the date hired.

11.4 In the event of a layoff, the Company will notify the union at least two weeks prior or as soon as possible. The union will be provided a list of employees affected, the job classifications, date of layoff, project seniority date and a copy of the layoff notice provided to the employee.

11.5 In the event of a lay-off, considerations as to the order of personnel to be affected within a job classification shall be made based on certifications, required security clearances, quality of work based on documented reworks and discipline history. Seniority will be the determining factor when the aforementioned considerations are basically equal. Employees have the option to move to an equal or lower position (classification) if they are qualified to perform the duties of the position and based on the considerations listed above.

11.6 Employees shall be recalled in inverse order to that when laid off and to any job opening that becomes available that they are qualified to perform. Employees who may have moved to another equal or lower position shall move up first.

11.7 An Employee who is laid off shall have call-back rights for a period of six (6) months.

Part-time Employees shall be laid off first before full-time Employees. It is the responsibility of the laid-off Employee to keep the Company advised by certified mail of any changes in his mailing address. The Company shall be considered to have fulfilled its obligation for recall under this Section by sending notice of the job opening to the Employee’s last known address by certified mail. The Employee shall express to the Company his intent to return to work not more than seventy-two (72) hours after receipt of certified notice from the Company; thereafter, the Employee will have a maximum of seven (7) calendar days in which to report for duty.

P a g e | 16

11.8. An Employee’s seniority shall be terminated upon the occurrence of any of the following events:

(a) Employee is discharged;

(b) Employee voluntarily quits;

(c) Employee has been on layoff status in excess of the time limits provided in Section 7.6 above;

(d) Employee fails to express to the Company his intent to return to work and/or does not return to work in accordance with the requirement of Section 7.6 above;

(e) Employee retires and/or becomes permanently disabled;

(f) Employee fails to report for work and fails to notify the Company for two (2) consecutive days without notifying his supervisor and without good cause and/or sufficient reason;

(g) Employee fails to renew a leave of absence; except where circumstances caused by the

Employee’s illness or accident make it impossible for the Employee to report or for anyone else to report for the Employee.

11.9 In the event an Employee is transferred and/or promoted from a Bargaining Unit position to a non-bargaining position with the Company, it is agreed that the Employee shall for a period of one (1) year retain, but not accrue seniority from the date transferred or promoted. If the period outside the Bargaining Unit exceeds one (1) year, the Employee will forfeit the seniority accrued within the Bargaining Unit at the time of transfer or promotion. During the one (1) year time period, such Employees may return to their previous job classification provided they do not displace any member of the Bargaining Unit.

When an Employee has returned to a Bargaining Unit position prior to completing the one (1) year time period as described above, the Employee must remain in a Bargaining Unit position for a period of one hundred eighty (180) days before accepting another non-bargaining unit position. If the Employee accepts another non-bargaining unit position prior to completing the one hundred eighty (180) day period all time spent outside the Bargaining Unit shall be counted towards the one (1) year, non-bargaining unit limit.

P a g e | 17

ARTICLE 12

HOLDIDAYS

12.0 The following days shall be observed as holidays under this Agreement:

New Year's Day Labor Day

Martin Luther King Day Columbus Day

Washington's Birthday Veteran's Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

* The above holidays will be observed on the same day that Fort Huachuca observes them.

12.1 Holiday Pay is defined as the allowance of eight (8) hours of an employee's regular straight time rate of pay [or ten (10) for shift personnel] which is paid on the observed holidays listed in Section 12.0.

12.2 If an employee is scheduled to work on a holiday, but fails to do so, and does not have company approved vacation or pre-approved sick leave, then he/she will receive no Holiday Pay or Holiday Premium.

12.3 If an employee is scheduled to work on either the day before or day after a designated holiday, but fails to do so, the Company will deny the Holiday Pay for that designated holiday unless the employee can provide evidence of illness or incapacitation, as described in Section

13.0, or other acceptable and verifiable reason for absence.

12.4 To be eligible for paid holiday leave, part-time employees must work at least twenty (20) hours [including four (4) hours of holiday leave] during the week in which the holiday occurs.

P a g e | 18

ARTICLE 13

Vacation and Sick Leave/PTO

13.0 Vacation

a. Employees will be able to schedule vacation per Company policy and as otherwise stated in this Agreement. Employees must submit written requests for vacation to the Company.

Vacation may not be taken in increments of less than one (1) hour or for more than two (2) weeks at one time without management approval. Regular full-time employees who have continuous service credit of one (1) year or more will receive vacation allowance on their anniversary date in accordance with the following schedule:

Employee’s Length of Annual Vacation

Continuous Service Vesting Rate

Less than 5 years 104 hours

5 years to 10 years 144 hours

10 years and more 184 hours

b. Should a recognized holiday occur during an employee's vacation, he shall receive an additional day's vacation with pay. After one (1) years’ service, should an employee's services be terminated, he shall receive pay in lieu of all unused, accumulated vacation.

c. Vacation must be taken in the anniversary year earned. Every effort will be made by project management to allow employees to use vacation when requested in order to take it before the end of their anniversary year. If contract obligations require that an employee’s vacation be postponed and it cannot be rescheduled before the end of the employee’s anniversary year, then management will provide a written authorization to carryover that portion of the vacation to be taken in the next anniversary year.

d. For 2019 only, employees currently employed by the Company will receive a semi-monthly vacation accrual rate until the earliest of their 2019 or 2020 anniversary date as follows:

Less than 5 years 4.33 hours

5 years to less than10 years 6.00 hours

10 years and more 7.67 hours

e. For purposes of this section, employees with anniversary dates on or after March 1, 2019 will receive their vacation allowance in accordance with the schedule in Section 13.01 (a) above on their first anniversary date occurring after March 1, 2019, plus any vacation accrual calculated in Section 13.01(b) above from March 1, 2019 to said anniversary date less any vacation previously taken between March 1, 2019 and said anniversary date.

P a g e | 19

13.1 Sick Leave /PTO

a. It is understood that this leave is intended for sick leave and to fulfill any present or future obligation the Company may have in order to comply with any state or federal laws regarding mandatory sick leave. It is further understood that in order to comply with any such laws, the Employer may change the language of this section, but will not reduce the total number of days allowed in this section without further negotiation with the Union.

b. Each Employee covered under the terms of this Agreement shall be entitled to Sick leave/PTO at the employee’s regular rate of pay. Sick Leave/PTO will accrue at the rate of one (1) hour per every thirty (30) hours paid to a maximum of fifty-six (56) hours per

Contract year or anniversary year for new employees hired after the beginning of the current Contract. Employees may use unused, accrued sick leave as PTO with at least forty-eight hours prior notice and with consideration to the Employer’s operation. Sick

Leave/PTO may not be taken in increments of less than 30 minutes. Employees may accrue no more than fifty-six (56) hours of Sick Leave /PTO at any one time. Excess accruals will be forfeited and upon termination an Employee will not be entitled to pay for any unused

Sick/PTO. If an Employee is rehired within 12 months of termination, any prior unused

Sick Leave/PTO will be reinstated.

c. The Employer may require an Employee to provide a doctor's note after three (3) consecutive days.

P a g e | 20

ARTICLE 14

BEREAVEMENT LEAVE

14.0 Employees will be excused with pay for up to three (3) days due to a death in the immediate family. Immediate family is defined as: spouse, child, brother, sister, parent, parent-in-law, step-parent, grandparent and grandchild. If a death in the family occurs, and they reside five hundred

(500) miles or more away, the employee shall be authorized up to four (4) days absence. Prior to leave, or not later than ten (10) days from the date of bereavement leave begins, the employee must supply documentation of bereavement (i.e. copy of obituary notice form the newspaper. death certificate, or funeral home announcement). If no documentation is provided, the payment of bereavement leave will be reversed.

P a g e | 21

ARTICLE 15

JURY DUTY

15.0 The Company agrees to provide leave for all Employees called for Jury Duty or if they are a subpoenaed witness. The Employer will compensate the Employee for the difference between payment received and the payment the Employee would have received for the straight time hours lost from the Employee’s regular work schedule. Time off with pay for Jury Duty/witness shall be limited to forty (40) hours per calendar year. The receipt of a subpoena or the notice to report for jury duty/witness must be reported immediately to the appropriate supervisor. Before receiving the benefits of this Article, the employee shall be required to obtain and submit to the Company satisfactory evidence of selection for jury duty and evidence of pay received from the court. Any employee who is dismissed from jury duty two (2) hours or more before the employee's scheduled shift ends will report to work for completion of the shift. Any employee who is required to serve on jury duty shall not lose any seniority.

P a g e | 22

ARTICLE 16

UNIFORMS AND TOOLS

16.0 Designated employees will be issued and required to wear uniforms which provide identification of the Company. Employees shall be provided a set of long sleeve and short sleeve uniform shirts at Company expense. The Company will replace uniform when they become un-presentable through fair wear and tear.

16.1 The Company agrees to provide, at their expense, complete uniforms and laundry service for those employees who come in contact with hazardous or human waste in performance of their duty. The employees must wear the uniforms provided.

16.2 The Company agrees to provide appropriate arc flash or flame resistant clothing and/or over-garments for those employees required by OSHA standards to have them.

16.3 The Company will determine and provide specialty tools necessary for the work performed by Bargaining Unit employees.

16.4 The Company may provide broken tool replacement in-kind of those employees who use their own tools while they are in the employ of the Company. An inventory of the employee-owned tools will be taken by manufacturer and nomenclature and kept by the Company's designated property attendant.

16.5 The Company agrees to reimburse employees for all licenses or certification required for the performance of assigned duties tor the Company. This means licenses and certifications required by the contract performance work statement. The company will not pay for initial licenses or certifications or for the licenses or certifications required for another classification unless the company requests the employee to obtain such license or certification.

16.6 For those employees required to wear safety boots, the Company agrees to pay a boot allowance up to $100.00 towards the cost of approved boots on a rolling twelve (12) month period. The boots must be inspected and accepted by the Company Safety Officer and a copy of the receipt for each new pair must be submitted to company management prior to reimbursement.

16.7 For employees who require safety eye protection in the performance of their daily jobs, the company will provide a reimbursement of up to $150.00 every twenty-for (24) months for the purchase of prescription safety eyeglasses meeting ANSI Standard Z-87.1-2003, High Impact with appropriate side shields.

P a g e | 23

ARTICLE 17

Safety

17.0 The employees covered by this Agreement shall, at all times while in the employ of the Company, be bound by the safety rules and regulations as established by the Company.

17.1 The Company and the Union recognize that their health and future are dependent upon the physical and psychological health of their employees and members. The Union will cooperate in assisting and maintaining the Company's rules regarding health and safety. The

Company recognizes the interest of the Union in the health and safety of its members, and will give consideration to any recommendations made by it.

The dangers and costs which alcohol and other chemical abuses can create in the maintenance industry in terms of safety and productivity are significant. The Company is a drug-free workplace. Drug and alcohol testing of employees shall be in accordance with the

Company’s drug and alcohol testing policy, which the Company reserves the right to modify.

The Company will provide employees with a copy of the policy any time it is modified. When drug and alcohol testing is performed, all testing shall be conducted in accordance with the procedures outlined in the aforementioned policy.

Employee drug and alcohol tests are conducted by the Company, at its sole discretion, at the time of hire, post-accident, on a random or selected basis. Any employee who refuses to submit to drug and/or alcohol testing is subject to immediate dismissal. Employees shall be compensated at their regular rate of pay for all time spent complying with the established testing procedures.

When drug and alcohol testing is performed, all testing shall be conducted in accordance with the procedures outlined in the aforementioned policy.

P a g e | 24

ARTICLE 18

DISCIPLINE AND DISCHARGE

18.1 It is important that penalties imposed for violations of Company work rules are consistent with the severity of the offense and the prior record of the offender. Determining the appropriate punishment becomes a matter of judgment and reason on the part of the manager or supervisor.

For that reason, discipline is usually administered in steps ranging from an oral warning, to written reprimand, to suspensions without pay, to discharge. Some cases may involve behavior or conduct so unacceptable that immediate termination is the only recourse.

18.2 Discipline will be fair, timely, appropriate, and in most cases progressive. Corrective discipline provides discipline in proportion to the offense and a measure of due process. Most performance and job conduct problems will be handled with a program of progressive discipline.

Employees will be made aware of the problem or deficiency, apprised of expectations for improvement, and warned of potential further discipline should they not meet expectations. Except for extenuating circumstances, cases dealt with through progressive discipline will proceed as follows:

Step 1. First Written Reprimand

Step 2. Second Written Reprimand or Suspension

Step 3. Termination (when the 3rd discipline, combination of Suspension and/or written Reprimand is issued within 365 days of receipt of the 1st written Reprimand)

18.3 The Company, as a part of its management rights, has the right to discipline, suspend, demote or discharge for just cause. The following are examples of infractions that could result in discipline up to and including discharge:

a) Inability, refusal or failure to perform assigned work or comply with work rules in a manner considered by the Company to be satisfactory;

b) Incompetence, inefficiency or other neglect of duty;

c) Disorderly conduct, interfering with the work of other employees;

d) Discourtesy to the public while on duty which adversely affect the Company’s relationship with the government;

e) Failure to comply with the terms of this Agreement or any work rule not inconsistent with this Agreement which the Company has placed in effect;

f) Absenteeism or tardiness, including leaving work early without permission from supervisor;

g) Failure to report immediately accidents or personal injuries to the employee’s supervisor, safety manager or violation of any safety rule or practice;

h) Failure to report to work at assigned starting time without permission from supervisor;

i) Misuse of Company telephone, equipment and supplies;

j) Removing, marking on or defacing any notice posted on the bulletin board or posting any notice or written instrument on the bulletin board without prior written approval. However, Union stewards may remove outdated Union notices.

P a g e | 25

18.4 Not all offenses are appropriately covered by a progressive discipline system; for some major offenses, employees may be immediately discharged. A partial list of such offenses follows:

a) Dishonesty of any kind;

b) Willful or negligent damage to or destruction of Company property or of any other employee’s property;

c) Willful or negligent endangering of the safety of other employees;

d) Physical fighting;

e) Sleeping on the job;

f) Use of any intoxicant, drug or narcotic on the Company’s premises, or reporting for work in a condition indicating that the employee has been drinking or is under the influence of any form of intoxicant, drug or narcotic;

g) Falsifying any employment record, time record or other Company record or document;

h) Possession of firearms or explosives on Company property;

i) Failure to obtain and maintain required security clearances or professional standards required for the job;

18.5 Written reprimands shall be removed from an employee's personnel file after a period of one (1) year has elapsed without another occurrence of disciplinary action against the employee.

It is understood that three (3) written reprimands could result in discharge.

18.6 Disciplinary Actions - The maintenance of discipline is the responsibility of the Company and to that end, the Company shall have the right to discipline or discharge employees; who have completed their probationary period for just cause.

18.7 The designated Union representative will be notified for all disciplinary action meetings of employees covered by this agreement. Employees may decline the presence of a Union representative by signing a statement waiving their right to Union representation at that meeting.

18.8 Notification of Disciplinary Action. The Company shall provide a copy to the Chief

Steward & the affected employee.

P a g e | 26

ARTICLE 19

Work Stoppage

19.0 The Company agrees that during the term of this Agreement, it shall not engage in a lockout of its employees.

19.1 It is hereby agreed by the Union and the Employer that the Union will not resort to strikes (which include stoppages or slow-downs of work) during the life of this Agreement.

Accordingly, neither the Union nor the employees will instigate, promote, sponsor, engage in, honor, support or condone any strike, sympathy strike, slow-down, sit-in, picketing, demonstration, concerted work stoppage or any intentional interruption of work during the life of this Agreement.

19.2 Employees who engage in any form of activity prohibited by this Article may be subject to appropriate disciplinary action, including termination.

P a g e | 27

ARTICLE 20

Severability

Should any provision of this Agreement or any application thereof is or becomes unlawful by virtue of any federal or state law, or any other reason, the parties will meet as soon as practical to negotiate replacement language of this Agreement for such provision or application. This

Agreement shall in all other respects continue in full force and effect for the remainder of the term hereof.

3/10/2021

3/10/2021

ADDENDUM TO THE AGREEMENT BETWEEN

FACILITY SERVICES MANAGEMENT INC.

AND

American Federation of Government Employees

AFL-CIO, Local 1662 U.S. Army site at Ft. Huachuca, AZ

Contract # W9124A-19-C-0002 DPW Operations and Maintenance Services Contract

Effective Dates: November 1, 2019, through January 31, 2025

RE: Change of Pay Period and Work Week

Article 9 Wages Section 9.1 will be changed to the following:

“9.1 Wages will be paid bi-weekly or every other Friday (Note: Subcontractors who are parties to this Agreement may choose to pay according to their normal pay schedule in lieu of semi-monthly). The data provided under the Company's current payroll system will be made available to employees on their electronic pay stubs. The 401(k) data will be available online.”

All other terms and conditions of the current Agreement apply.

Facility Services Management Inc. American Federation of

Government Employees AFL-CIO, Local 1662

Braden Thomas Aaron Gragg Chief Financial Officer President October 25, 2021 October 25, 2021

Ange Figueroa Administrative VP October 25, 2021

ADDENDUM # 6

ADDENDUM #7 TO THE AGREEMENT BETWEEN

AND

American Federation of Government Employees

AFL-CIO, Local 1662 U.S. Army site at Ft. Huachuca, AZ

Contract # W9124A-19-C-0002 DPW Operations and Maintenance Services Contract

Effective Dates: November 1, 2019, through January 31, 2025

RE: Change of Sick Time Award

Article 13 Wages Section 13.1 b will be changed to the following:

“b. Each Employee covered under the terms of this Agreement shall be entitled to Sick leave/PTO at the employee’s regular rate of pay. Sick Leave/PTO will be awarded to each employee on January 1st of each year in the amount of fifty-six (56) hours. Newly hired employees award will be prorated based upon hire date. Employees may use unused, awarded sick leave as PTO with at least forty-eight hours prior notice and with consideration to the Employer’s operation. Sick Leave/PTO may not be taken in increments of less than 30 minutes. Employee balances may be no more than fifty-six

(56) hours of Sick Leave / PTO at any one time. Excess accruals will be forfeited and upon termination an Employee is not entitled to pay for any unused Sick / PTO. If an Employee is rehired within 12 months of termination, any prior unused Sick Leave / PTO will be reinstated.

Employees are permitted to use paid sick leave for their own illness, injury or other health-related needs including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured or has other health-related needs including preventive care; or for reasons resulting from or to assist a family member (or person who is like family to the employee) who is the victim of domestic violence, sexual assault or stalking.”

All other terms and conditions of the current Agreement apply.

Facility Services Management Inc. American Federation of Government Employees AFL-CIO, Local 1662

Braden Thomas Ange Figueroa Chief Financial Officer Administrative VP January 1, 2022

Aaron Gragg President March 21, 2022 January 1, 2022

ADDENDUM #8 TO THE AGREEMENT BETWEEN

AND

American Federation of Government Employees

AFL-CIO, Local 1662 U.S. Army site at Ft. Huachuca, AZ

Contract # W9124A-19-C-0002 DPW Operations and Maintenance Services Contract

Effective Dates: November 1, 2019, through January 31, 2025

RE: Change of Certain Lead Pay Amounts

Job Classification 2/1/2022…