Attachment 1 Collective Bargaining Agreement for O_M personnel with Wage Determination.pdf

AGREEMENT Between C&W Government Services. and IUOE LOCAL 564

AGREEMENT

Between

C&W Government Services

And

IUOE LOCAL 564

INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO

For

Full Maintenance Services of GSA Facilities in Houston and Galveston, Texas

This Agreement shall be in full force and effect from

October 24, 2019 through July 1, 2023

Agreement Between C&W Government Services and IUOE Local 564

TABLE OF CONTENTS

Article ................................................................................................................................................... Page No.

ARTICLE 1 - Union Recognition

ARTICLE 2 - Safety

ARTICLE 3 - Check-Off Authorization

ARTICLE 4 -Risk of Management

ARTICLE 5 - No Strike -No Lockout

ARTICLE 6 - Seniority

ARTICLE 7 - Probationary and Temporary Employees

ARTICLE 8 - Wages, Health & Welfare, Pension and Training

ARTICLE 9 - Hours of Work and Overtime

ARTICLE 10 – Holidays

ARTICLE 11 - Vacation and Paid Time Off

ARTICLE 12 - Jury Duty

ARTICLE 13 – Discipline

ARTICLE 14 - Grievance and Arbitration

ARTICLE 15 - Uniforms

ARTICLE 16 - Health and Safety

ARTICLE 17 - Leave of Absence

ARTICLE 18 - Visitation Rights

ARTICLE 19 - Captions and Terms

ARTICLE 20 - Savings Clause

ARTICLE 21 - Bulletin Boards

ARTICLE 22 - No Discrimination

ARTICLE 23 - Shop Steward

ARTICLE 24 - Wage Rate Classifications

ARTICLE 25 - Funeral Leave

ARTICLE 26 - Successors and Assigns

ARTICLE 27 - Modification

ARTICLE 28 - Duration

ARTICLE 29 – Parking

ARTICLE 30 – Disclosure

ARTICLE 31 - Use of Personal Property

SCHEDULE A

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AGREEMENT

This Agreement made and entered into this, by and between C&W Government Services with its principal office at 275 Grove Street, Suite 3-200, Auburndale, Massachusetts 02466 (hereinafter referred to as the Company) and Local 564 of the International Union of Operating Engineers, AFL-CIO, with its principal office at 127 Circle Way, Suite A, Lake Jackson, Texas 77566

(hereinafter referred to as the Union).

Witnesseth

The Company and the Union, having a common and sympathetic interest in the progress of industry, have entered into this Agreement in order to promote and maintain harmonious relations between the Company and its employees covered hereby, to insure the efficient operation of the

Company, and to provide means for adjusting any differences which may arise by rational, common sense methods Captions or Articles of this Agreement are for convenience only and do not in any way limit or amplify the terms and provisions thereof. Whenever the singular or plural number is used herein, is shall equally include the other and whenever the masculine or feminine gender is used, it shall equally include the other.

Now, therefore, in consideration of the mutual promises and agreement herein contained, the parties hereto agree as follows:

ARTICLE 1 - Union Recognition

The Company recognizes the Union as the sole and exclusive bargaining agency in all matters concerning wages, hours, and working conditions for all regular full-time and part-time employees employed by the Company at the Houston/ Galveston Texas sites which include: Mickey Leland, Bob Casey, Alliance Tower, LaBranch, Customs, FBI HQ, and Galveston Courthouse Buildings under GSA Contract#47PH0220D0001.

1.1 Definitions

A regular, full-time employee is an employee who has completed the ninety (90) day probationary period, whose normal assignment of work is in an established position requiring a regular schedule, typically of forty (40) hours per week, on a regular, recurring basis throughout the year.

A regular, part-time employee is an employee who has completed the ninety (90) day probationary period, whose normal assignment of work is in an established position requiring a regular schedule, typically of less than thirty (30) hours per week on a regular recurring basis throughout the year.

ARTICLE 2 - Safety

2.1 The Company and the Union agree that each will perform its proper function in promoting and maintaining safe working conditions and good housekeeping practices. The sites may implement safety initiatives involving employee's participation as individuals or on teams.

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If a safety issue is not resolved satisfactorily or an unsafe condition or situation exists whereas employee considers site safety rules as unreasonable, the issue should be brought to the attention of supervision and the Union.

ARTICLE 3 - Check-Off Authorization

3.1 Upon receipt of a signed authorization of the employee involved, the Company shall deduct from the employees pay consistent monthly dues payable to the Union.

3.2 The Union further agrees to save the Company harmless from any legal actions growing out of these check-off deductions that may be instituted by any employee involved therein before a court, the National Labor Relations Board, or any other body asserting or having jurisdiction, against the Company and further agrees to reimburse the Company for any financial payment adjudged by a court, the National Labor Relations board, or reasonable costs and expenses involved in defense of any such action as set forth in this paragraph.

3.3 If any change in the amount of dues is made by the aforesaid Union during the term of this

Agreement, the Union will give written notice of such to the Company.

ARTICLE 4 - Risk of Management

4.1 Except as specifically limited by the express language of this Agreement, the Company has and retains exclusively to itself, all rights in the exercise of the functions of Management, including but not limited to the following rights:

a. To manage and operate its business facilities; to direct its employees; to direct, plan, and control all operations; to establish and / or change existing methods, work schedules, productivity standards, materials, and equipment, facilities and accounting methods. The

Company shall determine what products shall be handled or distributed and service or work performed at its facilities by employees covered by this Agreement and/or where they shall otherwise be handled, or services and/ or work performed to utilize suppliers and subcontractors. The Company shall test, select, and hire employees and assign them to work as to establish hours of work. The Company shall have the right to suspend, discipline, and discharge employees for just cause or relieve them from duty for lack of work. The Company shall have the right to establish and enforce rules and regulations relating to the operation of any and /or all facilities and to employee conduct.

Given that Company employees will work in United States Government facilities, and thus will be subject to federal security requirements for contractor personnel, the Company shall have the right to deny, suspend, or terminate employment, as applicable, of individuals who do not successfully complete the mandatory federal security clearance screening process.

b. The Union recognizes that it is the functions and the right of the Company to exercise its discretion in developing processes which meet the standards of the Government requirements and customer acceptance.

c. Employees are required to use a Company-provided cart for tools, materials, and supplies during the performance of their duties. The use of a properly stocked cart minimizes service/repair time.

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d. Employees are required to have on their person at all times Company-provided "Pocket

Work Orders" and use them as described in the C&W Government Services Policy and

Procedures Manual.

e. This Agreement shall only become affective and enforceable upon approval of the

Department of Labor.

ARTICLE 5 - No Strike -No Lockout

5.1 During the life of this Agreement, the Union shall not authorize, and the employees shall not participate in a strike of any kind, or any boycott, picketing, work stoppage, slow-down, or any other type of organized interference, coercive or otherwise, with the Company's business. During the life of this Agreement, the Company shall not lock out the employees.

ARTICLE 6 - Seniority

6.1 The Classification Seniority under this Agreement shall be defined as length of continuous service by work classification on a regular assignment. Company Seniority under this Agreement shall be defined as length of continuous service from the employee's date of hire by the Company or a previous contractor performing the services under any prior contracts of the same properties performed.

6.2 The Company shall establish available work shifts, days off and vacation periods, Classification Seniority shall be considered in the selection of work shifts, days off, reduction and restoration of the working force. Company Seniority shall be considered in the selection of Paid

Time Off (PTO).

6.3 Classification and Company Seniority lists shall be prepared by the Union Steward in conjunction with Company and shall be posted January 1st of each year and shall be revised every six (6) months thereafter. Such lists shall be subject to correction upon protest and clarification, but if no complaint is made within fifteen (15) days of posting, the list published will be assumed to be correct.

6.4 In case of layoff, seniority by classification shall be followed with due consideration for the efficiencies and special needs of the operation. In case of the restoration of the working force, seniority by classification shall be followed with due consideration for the efficiencies and special needs of the operation.

6.5 Employees who are promoted to positions excluded from the bargaining unit will be given a leave of absence from the bargaining unit for three (3) months and shall continue to retain and accrue seniority during that period. If at the end of this period the employee has not returned to work within the classifications covered by this Agreement, he shall lose all seniority rights under this Agreement, and his name shall be removed from the seniority lists.

6.6 Employees covered by this Agreement shall lose their seniority status and their names shall be removed from the seniority lists under the following conditions:

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a. The employee quits or resigns.

b. The employee is discharged for cause.

c. The employee is laid off and not re-employed within six (6) months.

d. The employee has been laid off for less than six (6) months and the employee does not return to the service on or before a date specified in a Registered Mail letter from the

Company mailed to the employee's last known address offering such employee reemployment, which date shall not be prior to five (5) days after mailing such notice, provided however, that this paragraph D shall not apply to offers of temporary work. If after the allotted 5 days the position has not been filled, the employee will be given first choice for rehire.

e. An employee, while on a leave of absence, applies / accepts another job, applies for unemployment compensation or goes into business for themselves; his employment and all seniority rights will automatically be terminated.

f. The employee fails to return to work at the expiration of either a medical or personal leave of absence.

g. Absence from work for three (3) days or longer without notice.

6.7 Before employees are hired from the outside to fill vacancies it is the intention of the

Company to promote from within the bargaining unit, if the available employees have the skill and the ability necessary to do the work, as determined by the Company. In such instance, the senior qualified employee will be promoted. In the event that an employee is promoted or upgraded to higher-rated occupational classification, the employee shall receive the applicable salary rate. The

Union will be advised at least one week in advance, if practical, of promotion and upgrades becoming effective. The Company shall notify the Union of job vacancies which it intends to fill.

The Union may refer applications for employment to the Company provided the applicants meet the standards, qualifications, and criteria for the vacancies. The Company shall have the right to reject any job applicant referred by the Union. An employee when promoted will be on probation for that position for a period of 90 days. If the employee does not perform in the new position during this probation period, he shall be moved back to the previous position.

6.8 The Company, the Union, and all employees covered by this Agreement shall, at all times and in all circumstances, abide by and comply with the Contract between GSA and the Company as it relates to security, access, suitability behavior, commitment, and safety.

ARTICLE 7 - Probationary and Temporary

Employees

7.1 Newly hired employees shall be on probation for the first ninety (90) days of employment.

During the period, employees shall receive the rates of pay provided herein, but shall not be entitled to any other benefits under this Agreement. During the probationary period, the Company may discipline or discharge any employee for any reason without recourse to the grievance procedure.

7.2 Upon completion of the probationary period, employees shall be placed upon the Seniority list as of the first date of employment. Seniority shall be by classification and all benefits provided in this Agreement shall be accrued by service within a given classification, including layoff and rehire after layoff. Employees will, however, accrue Vacation and Paid Time Off (PTO) benefits based on their total length of service with the Company.

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7.3 Temporary employees are those who are employed for a period of ninety (90) days or less with notification to the Union.

ARTICLE 8 - Wages, Health & Welfare, Pension and Training

8.1 The Wage rates, which shall be effective during the term of this Agreement, are set forth in Schedule A.

The Health & Welfare and Pension rates, which shall be effective during the term of this

Agreement, are set forth in Schedule A for the Union Programs for Health, Welfare, and Pension.

8.2 The Health & Welfare Pension, Training rates are limited to a maximum of forty (40) hours per week per employee.

8.3 The Training rates, which shall be effective during the term of this Agreement, are set fo11h in Schedule A. The training funds will be directly distributed from the Company to the established Union Training Trust Fund. The training to be provided is for all employee classifications. This training will provide the employees additional expertise to perform their duties at a higher level. The Company shall not be responsible for any additional costs (travel, wages, etc.) for this training to be provided.

ARTICLE 9 - Hours of Work and Overtime

9.1 Normal Hours. The provisions of this Article are intended only to provide a basis for determining the number of hours of work for which an employee shall be entitled to be paid at overtime rates and shall not be construed as a guarantee to such employee of any specified number of hours either per day or per week. All employees are paid twice per month on the 5th and the 20th.

9.2 Wage Schedule: Wages and classification of positions shall be as shown in Schedule A.

9.3 Overtime and Workweek. The normal work week will be eight (8) hours a day five days a week. Employees shall be eligible for overtime only when they have physically worked in excess of forty hours in a given week. Days off, where possible, shall be consecutive. Each employee shall have two (2) regular assigned days off in each forty (40) hour work week.

9.4 The rate of one and one-half times (1½ ) the regular straight time rate of pay shall be paid for all work performed in any week running Sunday through Saturday for all hours physically worked above forty (40) hours per week. In order to meet operational or maintenance needs, or in case of emergency, employees may be required to work overtime.

9.5 The Company will make every reasonable effort to distribute overtime opportunities as equally as practicable among employees in their respective job classifications within a reasonable period. However, familiarity and assignment to buildings will also be taken into consideration.

9.6 The Employer shall be free to fix the starting hours of shifts and to determine the work schedule from time to time depending upon the business requirements. The Employer agrees, when

- 6 -possible, to post a work schedule at a convenient place for observation by the employees at least one (1) week in advance, unless there is an emergency.

9.7 If an employee has completed his shift, leaves the premises, and is called back to the facilities, he shall be guaranteed a minimum of three (3) hours of work at the applicable rate. This provision shall not apply, however, when the employee is called in for work prior to his regular shift and is scheduled to work up to and through his regular shift. The for-going guarantee shall not apply in the event the call-in is the result of the employee's prior negligence or poor workmanship. All call-ins must be approved by the Project Manager or his designee.

ARTICLE 10 – Holidays

10.1 The Company will pay eligible employees for the following holidays not worked:

1. New Year's Day

2. Martin Luther King's Birthday

3. President's Day

4. Memorial Day

5. Independence Day

6. Labor Day

7. Columbus Day

8. Veteran's Day

9. Thanksgiving Day

10. Christmas Day

10.2 Employees will be paid their normal scheduled hours at their normal straight time hourly rate for holidays. i.e.: Employees who are normally scheduled to work 4 hours, shall receive 4 hours pay for a holiday. Employees required to physically work on a holiday shall be paid at one and one-half (1 ½ ) times plus holiday pay.

10.3 To be eligible to receive time and a half-hours worked on a holiday, an employee must be on the active payroll, must have physically worked forty (40) hours, and must work the last regularly scheduled shift prior to and the first regularly scheduled shift following the holiday unless he is on vacation.

10.4 If a holiday falls within an employee's vacation period, the employee shall be paid their normal scheduled hours at their normal straight time hourly rate for the holidays.

10.5 If a holiday falls on a full-time employee's regularly scheduled day off and he is not required to work, he shall receive the regular assigned hours pay at his straight time rate. A part-time employee will receive holiday pay at his regular hourly rate times the average daily hours worked in the week preceding the holiday observance. In order for any employee to receive holiday pay under this Article, he must work or have his absence excused for the work day immediately before and immediately after that holiday.

10.6 Should a holiday fall on a weekend, the day designated by the Company shall be recognized as the holiday.

10.7 Notwithstanding any other provisions of this Agreement, it is understood and agreed that in no event shall Sections 10.1, 10.2, or 10.3 of this Article be combined or pyramided.

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10.8 Unanticipated holidays declared by the President of the United States will count as federal holidays. Employees will be paid as if it were an anticipated federal holiday as referenced in Article

10.2.

ARTICLE 11 - Vacation and Paid Time Off

11.1 An employee who has attained the years of continuous service specified in the following table shall receive Vacation Days corresponding to the length of continuous service:

After Years of Service # of Hours

One (1) Year 80

Five (5) Years 120

Ten (10) Years 160

11.2 Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of a similar work at any of the federal facilities.

11.3 All vacations must be approved by management in a least two (2) weeks in advance. If a conflict exists between vacation scheduling, approval will be given based on company seniority for a maximum of five (5) days. Thereafter, approval will be given on a first come first given basis. Vacation payment will be calculated based on the employee's straight time rate in existence at the time is used. A vacation day is based on the regular number of hours work during the pay period prior to the first day of the vacation period. The Company has the right to deny vacation requests based on the required work load anticipated when the vacation would occur.

11.4 The amount of Vacation Days to which an employee shall be entitled shall be based on the employee's anniversary date. Regular part-time employees will receive pro-rated vacation based on their average hours worked in the twelve (12) months prior to their seniority date.

11.5 Employees, who are laid off or otherwise removed from the payroll, shall be paid any accrued and unused vacation time. Employees who are terminated for cause or who do not provide two (2) weeks' notice of resignation shall not receive any vacation pay.

11.6 No unused vacation days can be carried over after an employee's anniversary date. The previous statement does not apply if the employee was prevented from using the time by the

Company.

11.7 Regular full-time employees shall be entitled to 56 hours Paid Time Off/Sick Time (PTO) per year, on their anniversary date, at their regular rate of pay, as identified in Schedule "A" after completion of the ninety (90) day probationary period. Regular part-time employees will receive pro- rated PTO based on their average hours worked in the twelve (12) months prior to their seniority date.

11.8 The employees must recognize the responsibility of the Company and themselves for building operations and the contractual man power requirements and make every attempt, when possible, to schedule PTO at least one week in advance.

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11.9 PTO not used will not be paid to the employee. Use or lose by the employee's anniversary date and any unused PTO will not be paid out to the employee when their employment with the

Company is terminated for any reason.

11.10 Vacation and Paid Time Off will not be used for the calculation of hours physically worked for the purpose of overtime.

11.11 Any unused Vacation and Paid Time Off will become the sole burden and shall be binding on any and all successors and assigns of the Employer, whether by sale, transfer, merger, acquisition, consolidation, or otherwise.

ARTICLE 12 - Jury Duty

12.1 An employee summoned for Jury Duty to a court of record shall be allowed the necessary time off for such service. If an employee is not selected for Jury Duty, he must report to work upon release by the court.

12.2 When an employee is selected for Jury Duty, he / she shall be compensated at his / her regular rate of pay for a maximum of eight (8) hours per day spent on Jury Duty. Hours spent on

Jury Duty shall be considered hours worked and Jury Duty will be used in calculation of overtime.

Employee working the afternoon and night shifts shall not be required to report to work while on

Jury Duty.

12.3 Employees shall present to the Company a statement from the clerk of the court showing the dates, times, and compensation of such service. The employee will be paid for their regular scheduled hours of work, minus the amount paid for jury duty. If the employee fails to provide the required documentation, the time off will be considered PTO if available, if not, it will be leave without pay.

ARTICLE 13 – Discipline

13.1 Corrective Action

C&W Government Services holds each of its employees to certain work rules and standards of conduct. When an employee deviates from these rules and standards, the Company will take corrective action.

Corrective action at WW Contractors, Inc. is progressive. That is, the action taken in response to a rule infraction or violation of standards typically follows a pattern increasing in seriousness until the infraction or violation is corrected.

The usual sequence of corrective action includes (in this order):

• An oral warning

• A written warning, which includes a probation period of 60 days; if the infraction occurs again during this time, the next step would be

• Suspension of three days without pay, and finally

• Termination of employment

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In deciding which initial corrective action would be appropriate, the seriousness of the infraction, the circumstances surrounding the matter, and the employee's previous record will be considered.

Though committed to a progressive approach to corrective action, WW Contractors, Inc. considers certain rule infractions and violations of standards as grounds for immediate termination of employment. These include but are not limited to: theft in any form; insubordinate behavior;

vandalism or destruction of Company or customer property; the use of Company equipment and / or Company vehicles without prior authorization by Management; untruthfulness about personal work history, skills, or training; divulging Company business practices; and misrepresentation of

WW Contractors, Inc. to a customer, a prospective customer, the general public, or an employee.

13.2 Standards of Conduct

The work rules and standards of conduct for C&W Government Services are important, and the

Company regards them with a Zero Tolerance Policy of immediate termination with no opportunity for rehire on the project. Employees are expected to follow the rules and standards faithfully in doing their own jobs and conducting the Company's business. Any employee who deviates from these rules and standards will be subject to corrective action, up to and including termination of employment.

While not intended to list all the forms of behavior that are considered unacceptable in the workplace, the following are examples of rule infractions or misconduct that may result in disciplinary action, including termination of employment.

• Theft or inappropriate removal or possession of property

• Falsification of timekeeping records

• Working under the influence of alcohol or illegal drugs

• Possession, distribution, sale, transfer, or use of alcohol or illegal drugs in the workplace

• Drugs, including prescribed medication that intoxicate or impair the employee's performance or create a safety hazard

• Possession of any weapon or firearm while on the Company's or customer's premises

• Fighting or threatening violence in the workplace

• Boisterous or disruptive activity in the workplace

• Negligence or improper conduct leading to damage of Company-owned or customer-owned property

• Insubordination or other disrespectful conduct

• Violation of safety or health rules

• Tobacco usage in the workplace, other than in designated areas

• Sexual or other unlawful or unwelcome harassment

• Excessive absenteeism or any absence without notice

• Unauthorized use of telephones, or other Company-owned equipment

• Using Company equipment for purposes other than Company business (i.e. playing games on computers or personal internet usage)

• Unauthorized disclosure of business "secrets" or confidential information

• Unsatisfactory performance or conduct

• Violation of safety practices

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ARTICLE 14 - Grievance and Arbitration

14.1 Definition: A grievance is defined as a dispute, difference, disagreement, or complaint arising out of the interpretation or application of this Agreement.

14.2 Procedure:

Step 1: Within five (5) working days of an incident or event giving rise to a grievance, the employee must discuss his / her grievance with his immediate supervisor with or without the shop steward being present. The Company shall render a decision within forty-eight

(48) working hours after the conclusion of the Step 1.

Step 2: If the grievance is not settled, he / she shall reduce the grievance to writing within three (3) working days from the Company's answer from Step 1 and referred to Step 3. The written grievance shall state the facts out of which the grievance arose, the date it occurred, that Article and Section violated, and the relief sought.

Step 3: The aggrieved employee shall refer the matter to the Business Manager of the Local

Union who shall attempt to resolve it with the Company. The Supervisor or department head shall meet with the Business Manager or his designated representative within seven

(7) working days. A decision by the Company shall be rendered within seven (7) working days.

> Appeal: The Union may appeal a denied Step 3 grievance to Arbitration within twenty (20) working days of the receipt or non-receipt of the Company's decision.

Step 4: Arbitration: In the event that the Union or the Company elects to arbitrate the grievance, it shall be heard by an arbitrator to be designated by mutual agreement of the

Company and the Union.

> In the event the parties fail to mutually agree upon an arbitrator, either party may move to arbitration through the rules of arbitration as provided by the Federal

Mediation and Conciliation Service.

> The arbitrator's decision shall be final and binding on all parties concerned. Any compensation required to be paid to the arbitrator shall be borne equally by the parties.

> The arbitrator shall have jurisdiction and authority to apply, interpret, and determine compliance with the terms of this Agreement but in no case add to, deviate from, detract from, or alter in any way the provisions of this Agreement.

The decision of the arbitrator shall be confined to the matter submitted to him for arbitration.

14.3 Steps for processing grievances and time limits designated shall only be extended by mutual written consent of the parties.

14.4 The Company and the Union may, by mutual agreement, submit a grievance or dispute to the Federal Mediation and Conciliation Service for resolution through non-binding mediation. The parties may utilize any other dispute resolution process that they may mutually agree upon. The

- 11 -cost of any such alternative methods shall be borne equally between the parties unless otherwise

Agreed upon.

ARTICLE 15 - Uniforms

15.1 A minimum of five (5) sets of uniforms (shirts and pants) will be provided to all permanent full- time covered employees each contract year by the Company. A minimum of three (3) sets of uniforms will be provided to all part-time covered employees each contract year. In addition, the

Company will provide replacement sets of uniforms, as needed on a one for one basis (tum one in, get one back). The Company will reimburse up to $100.00 with receipt per contract year for steel-toed shoes for those positions that require them.

15.2 Additionally, the Company will provide one (1) set of coveralls and one (1) jacket one time for each employee after the ninety (90) day probationary period for positions that require it.

15.3 The coveralls are being provided to the employees to wear while performing "dirty" (AHU, Cooling Tower, etc.) PM work in order to preserve the condition of the uniforms. They are not to be worn during normal work activities, especially in the presence of the building occupants.

15.4 Employees will be responsible for maintaining and cleaning the uniforms.

15.5 Upon termination of employment, for any reason, all uniforms, jackets, etc. bearing a company logo are to be returned to the Company.

ARTICLE 16 - Health and Safety

16.1 The Company and the Union shall cooperate to promote employee safety and accident prevention in and around all operations and premises.

16.2 The Company shall maintain safe, sanitary, and healthful conditions and shall provide first aid equipment to take care of employees in case of accident or illness.

16.3 It shall be the responsibility of each employee to maintain his place of work in a clean and orderly condition. Employees shall be required to observe safety rules and regulations established by the Company, including the use of prescribed safety equipment or clothing.

16.4 As a condition of continued employment, all employees shall be required to conform to all reasonable work rules and regulations that may be issued by the Company from time to time pertaining to the operations, health and safety.

ARTICLE 17 - Leave of Absence

17.1 Maternity or paternity leave will be granted in accordance with provisions of the Family and Medical Leave Act.

17.2 Military Service Leave will be granted in accordance with the provisions of the Uniformed

Services Employment and Reemployment Rights Act of 1994. (USERRA).

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17.3 Except for military service leaves, all accumulated paid leave must be exhausted prior to being place on leave without pay status. Once PTO and vacation is exhausted, the remainder of the prescheduled time will be without pay.

17.4 Upon return from an approved leave of absence, the employee will be reinstated to a same or similar position, if available and open, including the corresponding current pay.

ARTICLE 18 - Visitation Rights

18.1 Officers of the Union shall have the privilege of visiting members of the Union during working hours at the work place upon reasonable notification of the Supervisor or his designee but only to such extent as does not neglect, retard, or interfere with the work or duties of employees.

All security requirements for the facility are to be complied with and are the sole responsibility of the Union for their Officers.

ARTICLE 19 - Captions and Terms

19.1 Captions or Articles of this Agreement are for convenience only and do not in any way limit or amplify the terms and provisions thereof. Wherever the singular or plural number is used herein, it shall equally include the other and wherever the masculine or feminine gender is used, it shall equally include the other.

ARTICLE 20 - Savings Clause

20.1 Should any part or provision of this Agreement be rendered invalid by reason of any existing or subsequently enacted legislation, such invalidation of any part or provision of this

Agreement shall not invalidate the remaining portions hereof, and they shall remain in full force and effect.

ARTICLE 21 - Bulletin Boards

21.1 The Company agrees to provide Union with bulletin board space. However, all material to be posted requires the approval of the Company Project Manager or his designee prior to posting.

ARTICLE 22 - No Discrimination

22.1 It is agreed by the Company and the Union, there shall be no discrimination against any present or future employee by reason of race, creed, color, age, and religion, disability of any individual in accordance with applicable law, national origin, sex, sexual preference, veteran's status or as a veteran of the Vietnam era.

ARTICLE 23 - Shop Steward

23.1 The Union may select up to two (2) employees of the Company to act as Shop Steward. A

Shop Steward's authority shall be limited to and shall not exceed the following duties and activities:

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a. The investigation and presentation of grievance to the designated Company's representative in accordance with the provisions of the collective bargaining agreement.

b. Shop Steward may receive and may discuss grievances of employees on the premises of the Employer, but only to such extent as the receiving and discussing of grievances as does not neglect, retard, or interfere with the work or duties of employees. Shop

Steward shall obtain permission of his respective supervisor prior to leaving his work assignments to handle grievances, and report to his supervisor upon return.

c. The transmission of such messages and information which shall originate with and be authorized by the local Union, or its officers, provided such messages and information had been reduced to writing and, if not reduced to writing, are of a routine nature and do not involve work stoppages, goods, or other interference of the Employer's business.

d. Any activities undertaken by the Shop Steward outside of his normal working hours shall not be considered as time worked for pay or overtime purposes.

ARTICLE 24 - Wage Rate Classifications

24.1 The wage rate classifications and present job titles applicable thereto are attached and made part hereof as Schedule "A". Employees will be paid for time worked in a higher classification provided that they work a minimum of eight (8) hours in the classification and perform all duties.

ARTICLE 25 - Funeral Leave

25.1 The Company and the Union recognize that an employee may require three (3) consecutive calendar days, in the event that travel is more than 500 miles from the worksite, then they will be entitled to five (5) consecutive calendar days, for bereavement of a spouse, child, grandchild, grandparent, parent, sister, brother, parent-in-law. If any of the required days are working days, the employees shall suffer no loss of pay. One (1) of the days used for bereavement shall be the day of the funeral. No employee shall receive any part of funeral leave that occurs during previously scheduled or regular time off, or when the employee is absent from work for other reasons. In no event, shall pay for funeral leave be in excess of eight (8) hours per day at straight time. Should an employee require more time off, the employee may use accrued vacation leave such as in cases where travel is required if approved by management. For the purpose of calculating bereavement leave for part-time employees, a "day" is defined as equivalent to their regular scheduled hours per workday. Employee may be asked to provide a copy of an obituary to be eligible for bereavement leave.

25.2 Funeral pay must be used for its intended purpose. An employee is prohibited from using bereavement pay as time off.

ARTICLE 26 - Successors and Assigns

26.1 The terms and conditions of this Agreement shall be binding on any and all successors and assigns of the Employer, whether by sale, transfer, merger, acquisition, consolidation, or otherwise. The employer shall make substantive efforts to ensure that as a condition of transfer that the successors or assigns will be bound by the terms of this Agreement and shall notify the

Union before parties have concluded their transaction. The Company shall have no obligation under this Agreement if it loses the Contract(s) with the Government through a bidding process or

- 14 -through any other action by the government or the Company that does not involve any agreement between the successor and the Company.

ARTICLE 27 - Modification

27.1 It is the intent of the parties hereto that the provisions of this Agreement which supersedes all prior agreements and understandings, oral or written, express or implied, between such parties, shall govern their entire relationship and shall be the sole source of any and all rights to claims which may be asserted in arbitration hereunder, or otherwise.

27.2 The provisions of this Agreement can be amended, supplemented, rescinded, or otherwise altered only by mutual agreement in writing hereafter signed by the parties hereto.

ARTICLE 28 - Duration

28.1 This Agreement shall be in full force and effect from October 24, 2019 through July 1, 2023.

ARTICLE 29 – Parking

29.1 The Building Engineer at the Bob Casey US Courthouse will receive reimbursement of up to $120.00 per month for verifiable parking assistance.

29.2 Receipts are required to verify the parking cost to the employee. The receipts must be put on a WW Contractors, Inc. expense report and submitted to the Project Manager by the 5th working day of each month or the cost will not be reimbursed to the employee.

ARTICLE 30 – Disclosure

30.1 The Union and the employees are not to discuss C&W Government Services business operations, which include but is not limited to company operations, financials, methods of performance, business practices, staffing levels, etc., outside of the Union, the Company, the employees or the Department of Labor unless mandated by law or regulation.

30.2 In the event the Union is found disclosing information as stated above, it may be subject to legal actions.

30.3 In the event an employee is found disclosing information as stated above he / she will be subject to disciplinary action up to and including termination of employment without progressive disciplinary actions.

ARTICLE 31 - Use of Personal Property

31.1 Use of a personal vehicle for Company business will be allowed, if agreeable to the employee and the Company. The Company will reimburse the employee for such use at the then current IRS allowance per mile. The employees are required to provide proof of insurance for the vehicle. The Company will verify that the insurance policy does not include a commercial exclusion.

- 15 -

31.2 Use of a person cell phone for Company business will not be allowed. If the company deems that a cell phone is required, one will be provided. Employees assigned a Company cell phone will be provided the policy and procedures regulating its use.

31.3 Hand tools are the responsibility of the employee at no additional cost to the Company. If a tool is broken while performing duties for the Company, it will be replaced by the Company on an exchange basis. Lost or stolen tools will not be replaced by the Company.

For the Union:

Local 564 - International Union of Operating

Engineers, AFL-CIO

For the Company:

C&W Government Services

By:

Charles Singletary

Business Manager

By:

James B. Canavan

Vice President , Labor Relations

Date:

Date: November 7, 2019

November 8, 2019

- 16 -

SCHEDULE A

Employee Classification 10/24/19 07/01/20 07/0l/21 07/01/22 07/01/23

Chief Engineer ** $38.28 $39.43 $40.61 $41.83 $43.08

Lead Engineer** $35.61 $36.68 $37.78 $38.91 $40.08

Building Engineer** $31.77 $32.73 $33.71 $34.72 $35.76

HVAC Mechanic $31.48 $32.42 $33.39 $34.40 $35.43

GMW $27.12 $27.94 $28.77 $29.64 $30.53

Maintenance Helper $23.87 $24.59 $25.32 $26.08 $26.86

Laborer $16.89 $17.40 $17.92 $18.46 $19.01

Office Manager*** $22.68 $23.36 $24.06 $24.78 $25.52

Admin Support*** $20.16 $20.77 $21.39 $22.03 $22.70

Dispatch• $18.81 $19.37 $19.95 $20.55 $21.17

Benefit 10/24/19 07/01/20 07/0l/21 07/01/22 07/01/23

Health & Welfare $5.33 $5.60 $5.77 $5.94 $6.12

Central Pension Fund $3.10 $3.25 $3.41 $3.59 $3.77

Training Funds**** $0.45 $0.45 $0.45 $0.45 $0.45