ATT-2 CBA Agreement 2020 Rev 1.pdf

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

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

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

| WASHINGTON D.C. 20210

| Wage Determination No.: 2020-0291 Daniel W. Simms Division of | Revision No.: 1 Director Wage Determinations| Date Of Last Revision: 12/10/2020 Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO,the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at https://urldefense.proofpoint.com/v2/url?u=http- 3A__www.dol.gov_whd_govcontracts&d=DwIGAg&c=tnPw9yRHa20_HV5YVoVFtg&r=ETRdPg- 7woDrMWJo9F3cK-gBwSgiiFAP6_v1wxlTlMk&m=yHAIxnrp6PYOTmy0ckrNnKlgmo3iWtlBukoiiCW7DQo&s=Rs4yxBvQnvB8rra 7PXCneZ6lX8bj9MmdRLnZH53FrvQ&e= .

State: Virginia Area: Virginia County of York Employed on Coast Guard contract for mess attendant services.

Collective Bargaining Agreement between Ms Clean Services, Inc. and Industrial, Technical and Professional Employees Union, OPEIU Local 4873, AFL-CIO, effective August 1, 2018 through April 30, 2021.

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

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors, applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is the victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://urldefense.proofpoint.com/v2/url?u=http- 3A__www.dol.gov_whd_govcontracts&d=DwIGAg&c=tnPw9yRHa20_HV5YVoVFtg&r=ETRdPg- 7woDrMWJo9F3cK-gBwSgiiFAP6_v1wxlTlMk&m=yHAIxnrp6PYOTmy0ckrNnKlgmo3iWtlBukoiiCW7DQo&s=Rs4yxBvQnvB8rra 7PXCneZ6lX8bj9MmdRLnZH53FrvQ&e= .

RFP 70Z08421RAA550100 ATTACHMENT 2

AGREEMENT

BETWEEN

INDUSTRIAL, TECHNICAL AND PROFESSIONAL

EMPLOYEES UNION, OPEIU Local 4873, AFL-CIO

AND

MS. CLEAN SERVICES INC.

Covering all non-supervisory Food Service employees located at

United States Coast Guard Training Center In

Yorktown, Virginia

EFFECTIVE: August 1, 2018 through April 30, 2021 Government Contract Number: HSCG84-17-C-AA5544 (and any all successor Government Contract Numbers).

TABLE OF CONTENTS

PREAMBLE

ARTICLE I -UNION RECOGNITION

ARTICLE II - UNION SECURITY AND MEMBERSHIP

ARTICLE Ill -EQUAL OPPORTUNITY

ARTICLE IV -ACCESS TO UNIT

ARTICLE V -PROBATIONARY PERIOD

ARTICLE VI -SENIORITY

ARTICLE VII - DISCIPLINE

ARTICLE VIII -GRIEVANCE PROCEDURE

ARTICLE IX -ARBITRATION

ARTICLE X -MILITARY LEAVE

ARTICLE XI -LEAVE OF ABSENCE

ARTICLE XII - SHOP STEWARDS

ARTICLE XIII -REST PERIODS

ARTICLE XIV -LAYOFFS AND RECALLS

ARTICLE XV - WAGES

ARTICLE XVI -OVERTIME

ARTICLE XVII-HEALTH AND WELFARE

ARTICLE XVIII - VACATIONS

ARTICLE XIX - HOLi DA VS

ARTICLE XX - SICK LEAVE

ARTICLE XXI -JURY DUTY

ARTICLE XXII -BEREAVEMENT LEAVE

ARTICLE XXIII - PENSION

ARTICLE XXIV - UNIFORMS

ARTICLE XXV -INDIVIDUAL CONTRACTS

ARTICLE XXVI - NO STRIKE -NO LOCKOUT

ARTICLE XXVII -PICKET LINES

ARTICLE XXVIII -EMPLOYEE INJURY

ARTICLE XXIX -GOVERNMENT REQUIREMENTS

ARTICLE XXX -GENERAL

ARTICLE XXXI- DURATION

APPENDIX "A" -WAGES

APPENDIX "C" -VACATION

APPENDIX "D" -HOLi DA VS

APPENDIX "F" -SICK LEAVE

APPENDIX "G" -PENSION

APPENDIX "H" - JURY DUTY

APPENDIX "I" -BEREAVEMENT LEAVE

Ms Clean Services Inc.

Yorktown, Va.

Page 2 of26

PREAMBLE

THIS AGREEMENT is entered into by and between MS. CLEAN SERVICES INC., hereinafter referred to as the "Company" and INDUSTRIAL, TECHNICAL AND PROFESSIONAL EMPLOYEES UNION, OPEIU LOCAL 4873, AFL-CIO, hereinafter referred to as the "Union", as representative of all non-supervisory Food Service employees located at Yorktown, Virginia (the "Site") Government Contract Number:

HSCG84-17-C-AA5544 (and any all successor Government Contract Numbers) , whereby expressed, it is determined to be in the mutual interest of the employees and the Company to promote and further the efficiency and economy of operations to provide orderly collective bargaining relations, a method for the prompt and equitable disposition of grievances, and a method for the establishment of fair wages, hours and working conditions for the employees covered hereunder. In making this Agreement, it is recognized to be the duty of the parties to cooperate fully with each other, both individually and collectively, for the advancement of the purposes of this Agreement.

This Agreement supersedes any and all prior Agreements between the Company and the Union.

Ms Clean Services Inc.

Yorktown, Va.

Page 3 of26

ARTICLE I - UNION RECOGNITION

Section A

The Company hereby recognizes the Union as the sole bargaining agent for all of it non-supervisory Food Service Employees at the Site, excluding all managerial employees and supervisors, as defined in Section 2 of the National Labor Relations Act, as amended.

Section B

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

Section C

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

ARTICLE II - UNION SECURITY AND MEMBERSHIP

Section A

It shall be a condition of employment that all employees of the Company covered by this Agreement who are members of the Union in good standing on the effective date of this Agreement, shall remain members in good standing and those who are not members on the effective date of this Agreement, shall on or after the thirtieth (30th) day following the effective date of this Agreement or the execution date, whichever comes later, become and remain members in good standing of the Union. It shall be a condition of employment that all employees of the Company covered by this Agreement and hired on or after its effective date or execution date, whichever comes later, shall on or after the thirtieth (30th) day following the beginning of such employment become and remain members in good standing of the Union. Cooks are not covered in this Agreement.

Section B

Union Shop Provision to take effect if prohibition law invalidated.

The provisions of Article II, Section A shall be deemed to be of no force and effect in any state whose law governs this contract to the extent to which the making or enforcement of such provisions is contrary to statutes, constitutional amendment or the

Ms Clean Services Inc.

Yorktown, Va.

Page 4 of26

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

Section C

If the provisions of Article 11, Section A shall be deemed to be of no force and effect, the following shall govern: Employees who are members of the Union on the date of execution of this Agreement and employees who join the Union subsequent to the execution hereof, shall maintain their membership in the Union as a condition of employment during the term thereof.

Section D

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

Section E

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

Section F

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

Section G

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

Ms Clean Services Inc.

Yorktown, Va.

Page 5 of26

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