Attachment 07 - CBA_FJCC_05.01.19.pdf

COLLECTIVE BARGAINING AGREEMENT

By and Between

FAIRBANKS JOINT CRAFTS COUNCIL

and

BERING STRAITS TECHNICAL SERVICES LLC

DPW SUPPORT SERVICES CONTRACT

May 1, 2019 – April 30, 2023

BERING STRAITS TECHNICAL SERVICES, LLC

Fairbanks Joint Crafts Council

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TABLE OF CONTENTS

Page

ARTICLE 1 AGREEMENT

ARTICLE 2 UNION RECOGNITION AND SCOPE OF AGREEMENT

ARTICLE 3 UNION SECURITY

ARTICLE 4 CHECKOFF

ARTICLE 5 MANAGEMENT RIGHTS

ARTICLE 6 NO DISCRIMINATION

ARTICLE 7 UNION REPRESENTATION………………………… …

ARTICLE 8 DISCIPLINARY ACTION

ARTICLE 9 GRIEVANCE PROCEDURE AND ARBITRATION

ARTICLE 10 SENIORITY

ARTICLE 11 RECALL

ARTICLE 12 TEMPORARY TRANSFERS

ARTICLE 13 PROMOTIONS

ARTICLE 14 LEAVE OF ABSENCE

ARTICLE 15 WAGES/FRINGE BENEFITS

ARTICLE 16 SHIFT DIFFERENTIAL

ARTICLE 17 SHIFT SCHEDULING, BASIC WORKWEEK, & HOURS OF WORK

ARTICLE 18 REPORTING, CALL IN, AND ON-CALL PAY

ARTICLE 19 OVERTIME

ARTICLE 20 HOLIDAYS

ARTICLE 21 VACATIONS

ARTICLE 22 SICK LEAVE

ARTICLE 23 BEREAVEMENT LEAVE

ARTICLE 24 JURY DUTY

ARTICLE 25 HIRING OF EMPLOYEES

ARTICLE 26 MISCELLANEOUS

ARTICLE 27 BARGAINING UNIT WORK

ARTICLE 28 NO STRIKES – NO LOCKOUTS

ARTICLE 29 GENERAL SAVINGS CLAUSE

ARTICLE 30 TERM OF AGREEMENT

SCHEDULE A TOTAL PACKAGE INCREASES

SCHEDULE A FORT WAINWRIGHT

SCHEDULE A FORT GREELY

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ARTICLE 1

AGREEMENT

This Agreement, made and entered into this 1st day of May, 2019 by and between Bering Straits Technical Services, LLC and its successors and assigns (hereafter referred to as the Employer), and the FAIRBANKS JOINT CRAFTS COUNCIL, and its affiliates LABORERS INTERNATIONAL UNION OF NORTH AMERICA LOCAL #942 and LOCAL #341, INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL

#302, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL

#1547, INTERNATIONAL BROTHERHOOD OF TEAMSTERS LOCAL #959,

PLUMBERS AND STEAMFITTERS LOCAL #375 and LOCAL #367, PAINTERS AND

ALLIED TRADES LOCAL #1959, INTERNATIONAL ASSOCIATION OF SHEETMETAL,

AIR, RAIL, AND TRANSPORTATION WORKERS LOCAL 23, PACIFIC NORTHWEST

REGIONAL COUNCIL OF CARPENTERS LOCAL #1243 AND #1281, and HOTEL EMPLOYEES AND RESTAURANT EMPLOYEES UNION LOCAL #878 (hereinafter referred to collectively as the Union), is for the purpose of setting forth basic provisions covering wages, hours of work, and terms and conditions of employment to be observed between the parties hereto. Further, it is to provide procedures for prompt and equitable adjustments of grievances or disputes arising out of the interpretation or application of this Agreement.

ARTICLE 2

UNION RECOGNITION AND SCOPE OF AGREEMENT

2.01 The Employer recognizes the Union as the sole exclusive collective bargaining representative of the classifications of employees covered by this Agreement with respect to wages, hours, and other terms and conditions of employment. Said classifications of employees are specifically identified within this Agreement.

This Agreement applies to bargaining unit work performed by the Employer at Fort Wainwright and the Donnelly, Yukon and Black Rapids Training Areas and any other areas of work performed by bargaining unit members under the terms of DPW Installation, Operations, Maintenance and Sustainment Contract.

The Employer agrees that during the term of this Agreement, it will not subcontract work of the kind and character performed by the bargaining unit for the sole purpose of laying off bargaining unit employees. It is the intention of the Employer to continue subcontracting work where the Employer determines that such work cannot be effectively and economically performed by its own employees due to lack of time, skills, tool, equipment, facilities, or availability of manpower. This Article has no effect nor is intended to affect those situations when the Government or Customer, as opposed to the Employer, expressly directs the Employer to subcontract out work which is normally performed by bargaining unit employees. When subcontracting ‘bargaining unit’ work, the Employer will inform the Fairbanks Joint Crafts Council President of the nature and reasons for such subcontracting.

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a. If the Employer subcontracts bargaining unit work, the subcontractor will be expected to comply with the terms of this agreement. This does not include proprietary work that a vendor performs and/or work not covered by the collective bargaining agreement.

b. Subcontractors shall be individually responsible for their actions relative to the administration of this Agreement. Further, they shall be responsible for the adjudication of any and all complaints and/or disputes arising out of this Agreement affecting their employees.

c. When it becomes necessary for the Employer to subcontract work being performed by bargaining unit employees, those affected employee shall not be subject to the probationary period referenced in Article 10, Section 4.

The parties, the Employer (“Employer”) and the Fairbanks Joint Crafts Council (“FJCC”), and its affiliated Local Unions (“Union”), mutually agree to adopt a position of neutrality in the event the Union seeks to represent employees of the Employer not presently represented by the Union in collective bargaining.

Neutrality is hereby defined to mean that neither party will attack or communicate anything of a negative or derogatory nature about the other party (including the other party’s motive, integrity, character, or performance) or labor unions or employers generally. In addition, neither party will engage in threats, misrepresentations, or delaying tactics to frustrate the desires of the employees. Neither party will provide any support or assistance of any kind to any person or group that is opposed to the principles of this Agreement. Finally, neutrality also means that neither party will commit an unfair labor practice.

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ARTICLE 3

UNION SECURITY

3.01 All present employees, who are members of the Union on the effective date of this Agreement, shall remain members as a condition of employment. All employees subject to bargaining unit work, who are not members of the Union, shall, as a condition of employment, become members of the Union no later than the thirty-first (31st) day of their employment.

Membership means the payment of an amount of money equal to the affiliated Local Union’s regular and uniformly imposed initiation fees and dues. Failure to comply with this requirement shall result in discharge of the employee upon five (5) workdays written notification to the Employer by the Union, that an employee has failed to tender the appropriate dues and fees uniformly imposed upon all employees in the bargaining unit.

If the employee remedies the failure prior to discharge, the Union will notify the employer and the employee, and the employer will not be required to discharge the employee.

3.02 The Union agrees to indemnify the Employer for any costs, including legal fees, or liability incurred as a result of the Union’s implementation and enforcement of the provisions of this Article.

ARTICLE 4

CHECKOFF

4.01 The Employer agrees to honor check-off authorizations, signed by individual employees, which authorize the Employer to deduct from the employee’s paycheck the dues and any other lawful fees and assessments as certified by the affiliated Local Union, and voluntary contributions designated by the employee, and remit same within the time and manner and form as designated by the Union. The transmittals shall occur monthly and shall be accompanied by a list of names of those employees for whom such deductions have been made, and the amount deducted for each such employee.

The Local Union agrees that in the event of any change in the Local Union’s dues structure, it will notify the Employer twenty (20) days prior to the first (1st) pay period of the following month. The Union agrees to indemnify and hold harmless the Employer from any and all claims, actions, and/or proceedings arising out of these deductions.

ARTICLE 5

MANAGEMENT RIGHTS

Except as specifically limited by this Agreement, all management rights, powers, and authority possessed by the Employer prior to the execution of this Agreement are retained by the Employer, and remain exclusively and without limitation within the rights of the Employer.

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The Employer shall have full and exclusive rights, subject to the terms of this Agreement, of managing the business, including, but not limited to:

Directing the workforce Planning, directing, and controlling all business operations and assignment of duties Determining the qualifications of employees to perform work, including the right to administer testing as needed to confirm employees’ qualifications Scheduling of all hours of work and other aspects of production

Determining quality and performance standards

Hiring, promoting, demoting, and transferring of employees, inclusive of appointing Leads

Disciplining, suspending, or discharging for just cause

Classifying, reclassifying, laying off, or relieving employees from duty Changing or eliminating existing jobs or creating new jobs in accordance with

Service Contract Act provisions Establishing rules of conduct

Maintaining efficiency of employees

Any of the rights, powers, functions, or authority not specifically abridged by this Agreement are retained by the Employer.

ARTICLE 6

NO DISCRIMINATION

Neither the Employer nor the Union shall discriminate against any employee on account of race, color, creed, national origin, political belief, gender, gender identity, sexual orientation, age, veteran’s status or disability, or because any employee exercised his/her rights under any federal or state law. All Employer policies, rules, and interpretations of this Agreement shall be applied equally to employees in the bargaining unit.

Harassment. Federal law specifically requires Employers to ensure that employees are not subject to sexual harassment or harassment related to race, gender, gender identity, sexual orientation, color, religion, national origin, age, disability, (or any other discriminatory factor prohibited by federal law ordinances or regulations) by an Employer’s supervisors or agents, by its non-supervisory employees (coworkers), and in some cases by non-employees. State and local law ordinances or regulations may also prohibit sexual harassment or harassment related to additional discriminatory factors.

Definitions.

a. Harassment: An action that unreasonably interferes with an individual(s) work performance or creates an intimidating, hostile, or offensive work environment.

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b. Sexual Harassment: A form of discrimination that includes, but is not limited to, blatant sexual advances or request for sexual favors that directly or indirectly implies that submission or rejection could affect an employee’s employment. Sexual harassment may also involve unwanted verbal, visual, or physical conduct of a sexual nature, which creates an “offensive” working environment.

c. Verbal Harassment: The flagrant use of foul or offensive language, jokes, derogatory slurs, or comments of a sexual nature or concerning an individual’s race, age, gender, gender identity, sexual orientation, color, religion, national origin, disability, (or any other discriminatory factor prohibited by federal, state, or local law ordinances or regulations).

d. Physical Harassment: The use of physical force of a sexual nature or against an individual because of the individual’s race, age, gender, gender identity, sexual orientation, color, religion, national origin, disability, (or any other discriminatory factor prohibited by federal, state or local law ordinances or regulations).

e. Visual Harassment: The use of gestures, posting or distributing derogatory materials of any kind, including, but not limited to, posters, cartoons, or drawings of sexual nature or concerning an individual’s race, age, gender, gender identity, sexual orientation, color, religion, national origin, disability, (or any other discriminatory factor prohibited by federal, state, or local law ordinances or regulations).

ARTICLE 7

UNION REPRESENTATION

7.01 The appointment of three (3) shop Stewards at Ft. Wainwright and one (1) shop Steward at Donnelly Training Area (DTA) shall be at the sole discretion of the Fairbanks Joint Crafts Council.

7.02 The Fairbanks Joint Crafts Council shall inform the Employer in writing of the individual designated to serve as Steward.

7.03 The Employer agrees to recognize the officers and duly designated representatives of the Fairbanks Joint Crafts Council and shall be kept advised, in writing, by the Fairbanks Joint Crafts Council of the names of representatives.

7.04 Authorized representatives of the Fairbanks Joint Crafts Council shall have access to Employer’s establishment during working hours for the purpose of adjusting disputes, investigating working conditions, collection of dues, and ascertaining that the Agreement is being adhered to; provided however, that advance notice will be given so that such visits do not disrupt the Employer’s operation. All visits are subject to Government regulations.

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7.05 It is agreed upon and understood that the Stewards shall be productive, contributing, and working employees of the Employer, subject to all the normal and usual rules and regulations of any other employee. However, the Stewards shall be granted time off during duty hours to carry out their authorized representational responsibilities to the employees in the unit. Employees who are otherwise in a duty status will remain in that status when discussing a grievance with Council representative and/or meeting with representatives of the Employer.

7.06 The Steward’s activities will normally be within their assigned work area or activity. When it becomes necessary for a Steward to leave their work site on appropriate matters related to their representational duties, they will request permission, advise where they are going, how long they expect to be gone, and the general nature of their business. Upon entering a work area other than their own, a Steward will first advise the appropriate supervisor of their presence and the name of the employee to be contacted. Permission will be granted, unless compelling work commitments dictate otherwise. If permission is denied, the Steward will be informed of the reasons for the denial and when they can expect to perform their duties, normally within two (2) hours.

7.07 During collective bargaining agreement negotiations, up to two (2) Stewards’ shall be allowed to attend joint negotiating sessions or participate in caucuses.

ARTICLE 8

DISCIPLINARY ACTION

Disciplinary Guidelines. The following disciplinary guidelines apply to employees of the Employer at DPW Support Services Contract. This document is for the purpose of providing information about the types of conduct, including, but not limited to, those that constitute just cause for disciplinary actions and possible disciplinary actions that may be taken by Management. These guidelines do not require the Employer to impose any particular discipline or progressive discipline, and do not limit Management’s rights, subject to the terms of the Union Agreement, to discipline, suspend, or discharge any employees for just cause within Management’s discretion. The description of offenses listed below is not intended to be all-inclusive, and there may be certain other offenses that, because of their severity, represent cause for immediate termination.

Employees may be counseled or disciplined no later than thirty (30) calendar days of the Employer having reasonable knowledge that there has been an infraction.

The Employer shall not place any disciplinary or performance documents into the employees’ personnel files without the knowledge of the employee and Union. All disciplinary documents shall be purged from the employees’ file after twelve (12) months from the date of the infraction (exclusive of suspension) upon discovery or at the request of the employee. The employee’s or employees’ Union shall have access to their personnel files within twenty-four (24) hours written notice to the Employer.

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a. Disciplinary Action Steps for like offenses.

1. Verbal statement initiating warning;

2. Written counseling;

3. Suspension without pay; or

4. Termination.

Disciplinary Guidelines

Possible

Levels of Action Description of Offense by Employer

Possessing, taking, removing, using, destroying or

1. tampering with Employer or US Government property 4 - -without proper authority.

2. Misuse of computer/internet, according to Employer and

US Government policy.

3-4 - -

Possession and/or under the influence of alcoholic

3. beverages, intoxicants, stimulates, illicit drugs, or narcotics on the worksite, or in Employer or US Government vehicles.

4. Gambling at the worksite. 2 3 4 -

5. Possession of unauthorized weapons and explosives.

6. Smoking in non-designated areas, including

US Government and Employer vehicles.

1 2 3

7. Disorderly conduct or horseplay. 2 3 4 -

8. Fighting or inflicting bodily harm to another.

9. Inciting another person to inflict bodily harm to another.

2-3 4 -

10. Threatening to inflict bodily harm. 3 4 - -

11. Obscene acts on the worksite. 2 3 4 -

12. Failure to give accurate and complete information for

Personnel and/or security records.

13. Failure to notify Supervisor when leaving work for other than an emergency situation.

2 3 4

14. Failure to observe Employer safety practices and 1 2 3 regulations.

15. Neglect in the safety of others or committing unsafe acts. 2 3 4 -

16. Neglect in the care of Employer or US Government vehicles. 2 3 4 -

17. Failure to report accidents or injuries, no matter how slight. 2 3 4 -

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Disciplinary Guidelines (Cont’d) Possible Levels of Action by Employer

Description of Offense

18. Disrespect for those in positions of authority. 1 2 3 4

19. Failure to carry out instructions given by a supervisor. 2 3 4 -

20. Insubordination or use of violent language. 3-4 - - -

21. Failure or inability to perform work to acceptable standard. 1 2 3 4

22. Sleeping on the job. 3 4 - -

23. Deliberate disregard or disrespect toward a customer, or failure to provide adequate service. 2 3 4 -

24. Deliberate falsification/misuse of time card or time sheets. 4 - - -

25. Unexcused absence from work or excessive absenteeism, as defined by Employer policy as conveyed to the workforce. 1 2 3 4

26. Failure to be on time for the start of work shifts. 1 2 3 4

27. Sexual or other illegal harassment. 4 - - -

28. Taking an unauthorized extended break, regardless of location. 1 2 3 4

29. Accepting gratuities. 1 2 3 4

30. Unauthorized release of Employer or US Government proprietary information. 2-3 4 - -

31. Deliberate loss or gross negligence that results in loss of classified and non-classified information, documents or 3-4 - -materials.

32. Misuse of security badges or other official identification. 4 - - -

33. Personally entering or assisting others to access restricted areas without proper authority. 4 - - -

34. Damage to Government or Company property due to vehicle or equipment accidents in which an employee collides with a stationary object or vehicle. 1-2 3 4

35. Employee receives citation for moving traffic law violation while driving or operating a Government or Company vehicle. 2 3 4

b. Inasmuch as the Employer performs work for the U.S. Government and in accordance with the contract, the Employer is responsible for the conduct of its employees. The US Government may direct the Employer to remove certain individuals for violating US Government regulations or laws. It is understood that the Employer may terminate any employee if directed to do so by the US Government under the provisions of its contract or if the US Government denies the employee access to any of the work sites. The Employer and the Union agree to intercede collectively on the employee’s behalf if there are extenuating circumstances that, in the opinion of the parties, tend to make the decision made by the US Government unfair to the employee. Notwithstanding this, express written or verbal instructions of the US Government shall supersede all provisions of this Agreement. Such instructions and any claimed violation of this Agreement which results from those instructions, including the removal of an employee at the request of the US Government, shall not be a violation of this Agreement and will not be subject to the grievance or arbitration

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procedure. Any such instructions from the Government shall be reduced to writing and provided to the Union prior to any such changes.

c. Pursuant to the Worker Adjustment and Retraining Notification Act (Title 29 U.S. Code, Section 2103), the parties understand that all employees have been hired by the Employer to fulfill the Employer’s service contract with the U.S.

Government, and employment is, therefore, limited to the duration of the contract. It is further understood that the employees’ employment will terminate upon completion of the service contract if the Employer’s contract is not renewed.

ARTICLE 9

GRIEVANCE PROCEDURE AND ARBITRATION

9.01 The parties to this Agreement, in the interest of resolving all disputes, complaints, or grievances in connection with the interpretation or application of the terms of this Agreement, have settled upon the following orderly and peaceful procedures:

For the purpose of this article, time limits set forth herein do not include Saturday’s, Sunday’s or contract holidays. It is understood that time limits at any step may be extended by mutual agreement of both parties in writing. Failure by the grieving party to comply with the time limits set forth in this Article shall result in a forfeiture of the grievance. Failure of the non-grieving party to comply with the time limits set forth in this Article shall result in the grievance being automatically advanced to Step Three, Arbitration.

Step One: The employee shall promptly report to the applicable Steward any complaints, disputes, or grievances, which they believe requires adjustment. The Steward shall promptly investigate to ascertain whether the complaint has merit and report the results thereof to the applicable Union. If determined the grievance has merit, the Union shall promptly attempt to resolve the dispute with the Project Manager or his designee. If the dispute is not resolved, the Union may appeal the matter in writing to Step Two within ten (10) days. If the matter is not appealed in writing within ten (10) days, the matter shall be closed.

Step Two: The Union shall appeal the matter in writing to the Project Manager or his designee. The parties will meet within five (5) days of the appeal in an effort to settle the grievance. The Project Manager or designated representative shall provide the Union their written reply to the grievance within ten (10) days after the meeting. If the matter is still not resolved, the Union may refer the matter to Step Three, Arbitration within thirty (30) calendar days. The Fairbanks Joint Crafts Council President or his designee shall have full authority to determine whether or not the Union wishes to process the grievance into Step Three, Arbitration.

Step Three: Arbitration. Any grievance which has not been finally settled or disposed of in accordance with the steps of the Grievance Procedure outlined above may be submitted to arbitration. The Union shall request the Federal Mediation and Conciliation Service to supply both the Employer and the Union with a list consisting of seven (7) individuals who would serve as arbitrator. The parties may then invoke the usual procedures to strike. The decision of the arbitrator shall be final and binding upon both parties. The cost of the arbitrator shall be shared equally by both parties. Each party shall bear the costs of presenting their case.

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9.02 The parties may select a mutually acceptable neutral to act as a temporary or permanent arbitrator for disputes arising under the terms of this Agreement.

9.03 The arbitrator shall consider only the issues raised in Step Two grievance form.

The arbitrator shall have the authority to interpret and apply the provisions of this Agreement. The arbitrator shall not have the authority to change, alter, amend, modify, add to or delete from this Agreement; such right is the sole prerogative of the contracting parties.

9.04 The fees and expenses of the arbitrator shall be borne equally by the Employer and the Union. Each party shall be responsible for bearing its own costs, expenses, and attorney fees or representative’s fees. Arbitration hearings shall be held during regular day shift hours of the basic workweek of Monday through Friday.

9.05 In those cases where either party deems it necessary, it may arrange that a transcript of the hearing be made by a qualified court reporter. The party making such agreement shall bear the full cost thereof.

ARTICLE 10

SENIORITY

10.01 The Employer recognizes seniority for all employees who are employed with the Employer on the effective date of this Agreement, according to the Employer’s hiring records. Seniority shall be considered, but shall not be the sole determining factor, when the Employer makes changes in shift assignments, promotions, and demotions.

Provided that qualifications are equal, seniority will be the determining factor in layoffs and recalls after layoffs within the unit.

10.02 A break in seniority shall occur in the following events:

a. If an employee quits;

b. If an employee is discharged for cause;

c. If an employee fails to report to work as scheduled, or over-stays an authorized leave of absence, without notifying the Employer for three (3) consecutive workdays; or

d. If an employee is laid off for more than twelve (12) months.

10.03 The Employer shall supply the Union with an up-to-date seniority list on the effective date of this Agreement, at the start of each contract year under the Employer’s contract, and at the termination of the Employer’s contract.

10.04 Every new employee hired by the Employer after the effective date of this Agreement shall be on probation for a period of ninety (90) calendar days. Upon completion of the probationary period, the employee shall have seniority. During the probationary period, an employee may be dismissed for any reason; however, payment of benefits start immediately. Any employee so dismissed shall not have a right to invoke the grievance and arbitration provisions of this Agreement.

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10.05 The Employer utilizes three (3) categories of employees, i.e., temporary, part-time, and full-time.

ARTICLE 11

RECALL

In the event that it is necessary to recall a laid off employee, within the twelve (12) month recall eligibility period, the Employer shall contact the appropriate Local Union office and request the employee. The employee will decline or accept the request within seventy-two (72) hours. Failure on the part of the employee to make contact within seventy-two (72) hours shall result in the loss of all seniority and recall rights under this

Agreement. The employee must maintain a current address and phone number with the

Union.

ARTICLE 12

TEMPORARY TRANSFERS BETWEEN CRAFTS

All transfers will be preapproved by Management. Temporary transfers between crafts shall not exceed ten (10) cumulative working days in a month. Excluding time spent during call outs or snow events (accumulation of more than two [2] inches of snow) and not to exceed seventy-two hours per event. If any employee works more than four (4) hours in a day in a different craft it will be considered a full working day under this section. If they work less than four (4) hours but more than one (1) it will be considered half a working day. This provision shall not be used as subterfuge to the intent of this

Article.

ARTICLE 13

PROMOTIONS

13.01 When the Employer determines that a vacancy exists for a specific, covered classification within a particular shop or area, a notice of the vacancy shall be posted for a period of three (3) workdays in the normal posting locations. Any employee in the bargaining unit may sign the notice indicating his/her desire to be considered for the position.

13.02 In effecting a promotion, the Employer will first give consideration to qualified and suitably trained and/or certified employees in the unit, and selection will be made from that group. In the event that two (2) or more unit employees apply for the position, seniority will be the determining factor; provided, that qualifications are equal. The Employer will notify the Union as soon as possible of any such promotions. If no employees are found to be qualified by the Employer qualified applicants will be requested from the Union.

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ARTICLE 14

LEAVE OF ABSENCE

14.01 Personal Leave of Absence. A personal leave of absence without pay for reasonable cause as determined by the Employer, or for Union activities, will be granted for a period up to thirty (30) consecutive workdays, not to exceed sixty (60) cumulative workdays per calendar year, with written approval of the Project Manager at least fifteen

(15) days in advance of such leave of absence, provided the employee’s supervisor concurs that the employee can be spared from his/her regularly assigned job duties.

Employees who are away for a period longer than the term of the leave of absence, or who accept employment elsewhere without permission of the Employer during such leaves of absence, shall be considered to have voluntarily terminated their employment with the Employer. Leave of absence shall not cause a change in seniority date.

However, there shall be no accrual of benefits, no holiday pay for any holiday that falls during the period of leave, and no payment of wages/fringe benefits.

14.02 Military Leave of Absence.

a. The Employer and the Union agree to abide by the provisions of the Selective Service Act, and the Veteran’s Reemployment Act, insofar as the provisions of said Acts apply to the rights of employees and the obligations of the Employer.

b. Employees who are members of the National Guard or Military Reserve Units shall be granted necessary time off in order to fulfill their military obligations.

These employees must notify their supervisor immediately upon receiving notifications of training period or other obligations requiring a military leave of absence. Employees will not receive their regular pay during such leaves of absence; however, their seniority will not be affected during such periods. Employees may elect to use earned vacation benefits (if eligible) during periods of military service.

c. Employees shall not have any loss of fringe benefits while engaged in annual two (2) week training for the military reserves or National Guard.

14.03 Family Medical Leave Act. The Employer will comply with the requirements of the Family Medical Leave Act (FMLA). An employee who has worked at least 1,250 hours during the last twelve (12) months and has completed one (1) year or more of continuous service may receive a leave of absence without pay for up to twelve (12) workweeks during any twelve (12) month period, when the leave is taken for one or more of the following circumstances:

a. The birth of a son or daughter of the employee, and to care for the child;

b. The placement of a son or daughter with the employee for adoption or foster care;

c. The care for the spouse, son, daughter, or parent of the employee, if the family member has a serious medical condition; and

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d. An employee is unable to perform the essential functions of the position because of the employee’s own serious health condition. If the leave is foreseeable, the employee must provide at least thirty (30) days notice to the Employer; otherwise, the employee must provide the Employer with notice as soon as practical. The Employer may require certification from a healthcare provider in accordance with the FMLA.

ARTICLE 15

WAGES/FRINGE BENEFITS

15.01 The base hourly wage rates for employees covered by this Agreement shall be as set forth in the appropriate schedules provided by each local Union. The minimum hourly compensation for each classification utilized in the performance of work under this agreement include fringe benefits and are as stated in the attached Schedule A “Total Wage and Benefit Rates”. When specific projects are classified as Davis Bacon Act work, the employee shall be compensated at the higher pay scale between the CBA and DBA wage determination.

An employee, who is temporarily transferred to a job classification carrying a rate of pay higher than their regular classification, shall receive the rate of pay applicable to the temporary job for all time worked in that temporary job. If an employee is temporarily transferred to a classification carrying a lower rate of pay, the employee shall continue to receive their regular rate of pay.

15.02 Lead persons shall be working members of a group responsible for leading, directing, instructing, on-the-job training, checking and approving the work of their group. Employees working in a lead position will receive no less than ten percent (10%) above their straight time hourly rate or the highest classification of which they are the lead, whichever is greater.

15.03 The Employer shall reimburse any employee who is required to have a federal, state or local government certification or license as a job requirement within their job classification, the cost of the certification or license.

15.04 Pension Plan. With respect to employees covered by the Agreement, the Employer will contribute to the applicable Trust Fund according to the allocation letter provided by each Local Union and applicable Trust agreement for the purpose of providing retirement benefits for employees. It is understood and agreed that the contributions are to be computed solely on the total number of compensable hours and are not to be included in hourly wage rates or the computation of overtime.

In the event of the Employer, or a successor employer’s, partial or complete withdrawal from a Trust Fund expose Employer to withdrawal liability for any unfunded vested benefits pursuant to the terms and conditions of the applicable Trust Agreement or this Agreement, the Parties agree that any withdrawal liability realized by the Employer is contemplated to be a bona fide fringe benefit conferred upon the employees in exchange for the Employer’s agreement to participate in the Trust Fund.

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15.05 Health and Welfare Plan. With respect to employees covered by this Agreement, the Employer agrees to participate as an individual employer in the respective Welfare Plans established by Trust Agreements entered into and as requested by the Unions signatory to this Agreement. It is understood and agreed that under the provisions thereof, the Employer shall contribute to the respective Trust Funds according to the allocation letter provided by each Local Union.

Such contributions shall be for the purpose as specified in each such Trust Document. It is understood that the contributions are to be computed solely on the total number of compensable hours and are not to be included in hourly wage rates or in the computation of overtime.

15.06 Training Plan. With respect to employees covered by this Agreement, the Employer agrees to participate as an individual Employer in the respective Training Plans established by Trust Agreements entered into and as requested by the Unions signatory to this Agreement. It is understood and agreed that under the provisions thereof, the Employer shall contribute to the respective Trust Funds according to the allocation letter provided by each Local Union.

Such contributions shall be for the purpose as specified in each such Trust Document. It is understood that the contributions are to be computed solely on the total number of compensable hours and are not to be included in hourly wage rates or in the computation of overtime.

15.07 Trust Fund Allocations, Increases or Reallocation. All Local Union’s of the Fairbanks Joint Crafts Council shall provide the Employer with an allocation letter specifying the distribution of wages and fringe benefits upon the effective date of this agreement and prior to any negotiated increases or changes. Any Local Union of the Fairbanks Joint Crafts Council requiring a reallocation of Trust fund contributions will certify such reallocation through the Employer by letter and such change shall be made provided there is no increased cost to the Employer.

Notification should be received by the Employer thirty (30) days in advance of the change. It is understood that the changes will be effective on the first pay period in the effective month.

15.08 Defined Contribution Plan. The Employer will allow an employee at their option and upon presentation of a properly signed authorization form, the ability to contribute a portion of their compensation to their Union Defined Contribution Plan.

ARTICLE 16

SHIFT DIFFERENTIAL

16.01 All shifts starting outside of the regular day shift starting times between 6:00 a.m.

and 12:00 p.m. shall receive a ten percent (10%) premium. Overtime shall be calculated in addition to differential pay.

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ARTICLE 17

SHIFT SCHEDULING, BASIC WORKWEEK, & HOURS OF WORK

All employees shall be assigned to work in accordance with the hours of work and shifts determined by the Employer for each location.

17.01 Workweek. The regular workweek for all employees shall begin 12:01 a.m.

Monday morning and end at 12:00 a.m. midnight on Sunday night. The Employer will make every effort in scheduling to ensure that no employee works more than seven (7) consecutive days. Due to the inconsistent tasks and scheduling required by the contracting agency, the Union recognizes that it is impossible to place all of the Employer’s employees on a forty (40) hour workweek. However, the Employer agrees to place as many employees as possible on a forty (40) hour per week schedule, consistent with workload and contract requirements. The Union and the Employer may mutually agree to establish an alternate flexible workweek schedule.

17.02 Days Off. Each full-time employee shall have two (2) consecutive scheduled days off in each regular workweek. The Employer must notify the affected employee at least two (2) calendar days in advance of any change in regular scheduled days off, except in those instances where workload surges or emergency conditions do not allow for two (2) days’ advance notice. Where employees are required to maintain continuous operation of departments or assignments, days off may be fixed or rotated consistent with the requirements of the service. The Employer will make every reasonable effort to arrange work schedules so that a maximum number of employees will be off duty on Saturdays and Sundays, consistent with operational requirements.

17.03 Shifts. Shifts for all regular employees shall be established as follows:

a. Shifts will be established by the Employer to best accomplish the task and frequency requirements.

b. Employees transferred from one shift to another shall receive at least twenty-four (24) hours’ notice except during an emergency.

c. Emergency Discontinuance of Operation. In the event of any emergency (e.g., severe weather conditions) requiring the discontinuance of the Employer’s operations, employees who are not considered to be "Emergency Essential Personnel" as defined by management will be released from work and/or will be excused from their obligation to report for work until otherwise notified by the Employer to report back to work. The Employer agrees to make every reasonable effort to find alternate work for the employees prior to being released or called off from work due to emergencies.

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d. There shall be a fifteen (15) minute rest period during the first half of each employee’s shift and a fifteen (15) minute rest period during the second half of each employee’s shift. Such rest periods shall be taken without loss of pay. Employees will not stop work and then travel to their respective shop areas or break rooms for these breaks. Instead, employees will cease working and will take the breaks at the location at which they find themselves when the break period begins, unless special circumstances or conditions warrant traveling a short distance before taking the break.

e. No employee shall be required to work more than four (4) hours from the start of their shift without a lunch period, which shall be one (1) hour and shall be without pay. However, the night shift lunch shall be thirty (30) minutes and shall be without pay.

f. The Employer shall allot fifteen (15) minutes of time for cleanup and storage of work tools and equipment at the end of the shift.

17.04 Travel. When an employee is required to travel for training or work outside of the local area the Company will make all travel and housing arrangements and shall pay or reimburse all travel expenses including meals in accordance with the government’s Joint Travel Regulation rates.

ARTICLE 18

REPORTING, CALL IN, AND ON CALL PAY

18.01 Any employee reporting for work at the regular starting time when they have not been notified not to report, and for whom no work is provided, shall receive two (2) hours pay at their regular hourly rate.

18.02 Any employee reporting for work at the regular starting time, and who is placed at work, shall be paid for no less than two (2) hours at their regular rate, even though two

(2) hours have not been worked. If more than two (2) hours are worked in any one shift, an employee shall receive pay for actual hours worked.

18.03 Any employee called in outside their regular working hours, or on their scheduled day(s) off, shall be guaranteed a minimum of two (2) hours’ pay at the overtime rate even though two (2) hours have not been worked. If more than two (2) hours are worked in any one call out, an employee shall receive one and one-half (1-1/2) pay for actual hours worked.

18.04 The Company has the sole discretion to determine what areas of responsibility require employees to be on call to provide services to the client. Any employee who carries a cell phone provided by the Employer for the purpose of being on call shall be paid forty-five dollars ($45) per day. Refusal of an employee to perform on call duties may result in disciplinary action. On call duties will be equally distributed between qualified employees in the applicable shop or work area.

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ARTICLE 19

OVERTIME

Overtime shall be paid at the rate of one and one-half (1-1/2) times the straight hourly rate. Overtime shall be defined as all hours compensated in excess of eight (8) hours per workday and/or forty (40) hours per week.

The Employer will distribute overtime work as is necessary, and as fairly as possible between employees affected by such overtime work, with the understanding that the employee must be technically qualified to perform the required work. Any employee directed to remain on duty in excess of their regular scheduled eight (8) hours will be given an additional paid fifteen (15) minute break before starting the ninth (9) hour and every additional two (2) hours after. No employee will be required to work more than sixteen (16) hours a day.

ARTICLE 20

HOLIDAYS

20.01 Employees shall be entitled to the number of paid holidays listed below. Any employee who is absent without an acceptable excuse on the scheduled workday immediately preceding or immediately following a holiday shall forfeit their right to be paid for such holiday. If an employee is prevented from working on the workday immediately preceding or immediately following a holiday because of illness attested to by a physician, or by death in his/her immediate family, such fact shall constitute an acceptable excuse.

20.02 The federal holidays listed below will be observed as non-work days. Whenever such holidays fall on a Saturday or Sunday, and the Employer does not normally operate on such days, the closest workday shall be deemed to be the holiday.

(1) New Year’s Day (7) Labor Day

(2) Martin Luther King’s Birthday (8)

Indigenous Peoples Day

(3) Presidents’ Day (9) Veterans Day

(4) Personal Floating Holiday (10) Thanksgiving Day

(5) Memorial Day (11) Christmas Day

(6) Independence Day

20.03 Employees who are not required to work a holiday shall receive eight (8) hours’ holiday pay at the appropriate straight time rate. Employees who are required to work a holiday shall be paid at the rate of one and one-half (1-1/2) times their regular rate of pay for all hours worked. In addition, they shall receive eight (8) hours’ holiday pay.

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20.04 If one of the aforementioned holidays falls within an employee’s scheduled vacation, such employee shall receive one (1) additional day of paid vacation.

20.05 The floating holidays will be taken on a day mutually agreed to by the employee and his or her immediate supervisor. Request will not be denied except in the case of emergency.

ARTICLE 21

VACATIONS

21.01 All employees will be entitled to vacation pay at the employee’s straight time hourly rate, plus any differentials and premium pay. Vacation pay shall start to accrue beginning on the employees first day of work (Project Hire Date). Vacation shall accrue per compensable hour, however not to exceed 40 hours per week.

Vacation accrual rates are based on employees’ “Years of Service” with increases to accrual rates beginning on the employees’ first day of their 5th, 10th and 15th year of service. Vacation shall accrue up to the maximum amount per month or year as follows:

VACATION SCHEDULE

Years of Service (Months of service) Accrual / Hour Accrual / Month Annual Vacation years 0-4 (0-59 months) (0.046/hr) 8 hours 96 hours years 5–9 (60-119 months) (0.069/hr) 12 hours 144 hours years10-14 (120-179 months) (0.076/hr) 13.34 hours 160 hours

15 + years (180 months or more) (0.092/hr) 16 hours 192 hours

21.02 The Employer will permit employees to schedule their vacation in advance and shall be on a “first come, first serve” basis subject to the Employer’s approval. In the selection of vacation times, the employee’s seniority shall be the determining factor to settle simultaneous requests. Once the vacation is approved, it cannot be arbitrarily changed by the Employer or employee. Although employees are not required to schedule their vacation in advance as stated above, when seeking unscheduled vacation, previously approved and scheduled vacations shall be recognized first.

21.03 Vacation pay shall be allowed to be used in thirty (30) minute increments.

21.04 Employees shall be allowed to carry vacation hours over into the following year up to a maximum of two hundred forty (240) hours. Any hours in excess of the two hundred forty (240) hours, on their anniversary date, will be paid out to the employee.

21.05 In the event of termination, all accrued vacation pay will be paid out to the employee. Upon a successor employer’s award of the contract, the successor employer will permit employees hired from the predecessor to take up to eighty (80) hours of leave without pay (LWOP) until such time the employee accrues enough leave for use.

LWOP shall not affect accrual of benefits and holiday pay that falls during this period of leave.

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ARTICLE 22

SICK LEAVE

22.01 All employees will accrue one (1) hour of sick leave for every thirty (30) hours worked up to a maximum of fifty-six (56) hours each accrual year. Unused sick leave may be carried over from year to year, however is limited to eighty (80) hours at any point in time.

a. Sick leave pay shall be allowed to be used in thirty (30) minute increments.

22.02 Although the employer is not required to pay out accrued, unused sick leave upon job separation, employees that are re-hired under the contract by the employer within twelve (12) months of job separation shall have their accrued, unused sick leave reinstated. In the event the Employers contract is not renewed with the Government, the successor employer shall credit all predecessor employees hired under the contract with their balance of accrued, unused sick leave.

ARTICLE 23

BEREAVEMENT LEAVE

23.01 In the case of death in the immediate family of an employee, the Employer will pay the employee straight time pay not to exceed five (5) workdays in state and/or seven (7) workdays out of state, total pay per year. Verification of death may be requested by the Employer. The employee will be paid the hours they are regularly scheduled to work. For purpose of this Article, immediate family is defined as his or her mother, father, stepparent, spouse, domestic partner, son, daughter, stepson, stepdaughter, grandchild, grandparent, brother, sister, mother-in-law, father-in-law, spouse grandparents, or a member of his or her immediate family through adoption or guardianship. Additional time off with or without pay is subject to approval by the Project Manager. The additional time off may be charged against an employee’s vacation leave or leave without pay, at the employee’s option.

23.02 All employees who have completed their probationary period will be entitled to bereavement leave.

ARTICLE 24

JURY DUTY

Employees have a civic duty to perform jury duty. An employee shall receive eight (8) hours pay at their straight time rate for time spent during the selection process and when serving on a jury for up to thirty (30) business days.

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ARTICLE 25

HIRING OF EMPLOYEES

25.01 The Employer agrees that it will afford each appropriate Union the opportunity to…