Attachment 1 Local 624 CBA - GSA - Little Rock Batesville (1) (2).pdf

Agreement Between C&W Government Services and IUOE Local 624

Agreement

Between

C&W Government Services and

IUOE Local 624

International Union of Operating Engineers, AFL-CIO

For Operations, Maintenance and Custodial/Grounds

(Services vary by facility) at

The GSA Federal Facilities

Located in Little Rock and Batesville, Arkansas

This Agreement shall be in full force and effect from

November 5, 2018 through September 30, 2022

Table of Contents

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 and Benefits

Article 9 - Hours of Work and Overtime

Article 10 – Holidays

Article 11 - Vacation and Paid Time Off

Article 12 - Jury Duty

Article 13 - Grievance and Arbitration

Article 14 - Uniforms

Article 15 - Health and Safety

Article 16 - Leave of Absence

Article 17 - Visitation Rights

Article 18 - Captions and Terms

Article 19 - Savings Clause

Article 20 - Bulletin Boards

Article 21 - No Discrimination

Article 22 - Shop Steward

Article 23 - Call-In Pay

Article 24 - Sick Leave

Article 25 - Wage Rate Classifications

Article 26 - Funeral Leave

Article 27 - Successors and Assigns

Article 28 - Modification

Article 29 - Duration

Article 30 - Disclosure

Article 31 - Use of Personal Property

Schedule “A”

Agreement

Parties to the Agreement

This Agreement made and entered into this 5th day of November, 2018 by and between C&W

Government Services with an office at 275 Grove Street, Suite 3-200, Auburndale, MA 02466

(hereinafter referred to as the “Company”) and Local 624 of the International Union of Operating

Engineers, AFL-CIO, with its principal office at 202 Katie Street, Richland, Mississippi, 39218

(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 it 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

1.1 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 following Federal Buildings: Little Rock CTHSE

600 West Capitol Avenue, Little Rock, AR (AR0030RK); Little Rock FOB 700 West Capitol

Avenue, Little Rock, AR (AR0063RK); Little Rock Annex 600 West Capitol Avenue, Little

Rock, AR (AR0085RK); Little Rock Old USPO/CTHS, 300 West Second Street, Little Rock, AR (AR0031ZZ); Batesville FB/USPO/CTHS, 409 East College Street, Batesville, AR

(AR0079ZZ) under GSA contract# GS-07-P-l 7-JU-D-0008.

1.2 All employees covered by this agreement defined in Union Recognition, including temporary employees shall, as a condition of their continued employment, become members of the Union not later than the 31st day following the date of their employment or the effective date of this agreement, whichever is later, and shall, thereafter, remain members in good standing in accordance with Section 8(a) (3) of the Labor-Management Relations Act, 1947, and any amendments or additions thereto.

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.

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.

a. 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.

b. 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.

c. 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.

d. 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- clown, 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.

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.

6.2 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) month 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.

6.3 In case of layoff, reduction in work force, seniority by classification shall be followed with due consideration for the efficiencies and special needs of the operation at the sole discretion of the

Company. 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 at the sole discretion of the Company.

6.4 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.

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

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 does not apply to offers of temporary work. If after the allocated five (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. Employees returning to work from a medical leave of absence are required to provide a Return to Work Authorization from a licensed physician.

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

6.6 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, as determined by the Company, 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 the new position for a period of ninety (90) days. If the employee does not perform satisfactorily in the new position during this probation period, he shall be moved back to the previous position or terminated at the sole discretion of the Company.

6.7 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 this 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 time based on their total length of service with the Company.

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

Article 8 - Wages and Benefits

8.1 The Wage and additional Benefit rates, which shall be effective during the term of this

Agreement, are set forth in Schedule “A” and are limited to a maximum of forty (40) hours per week per employee.

8.2 The rate of time and one-half times the regular straight time rate shall be paid for all work performed in excess of forty (40) hours, including holidays and vacation, but not sick time.

8.3 Additional benefits, which shall be effective during the term of this Agreement, are set forth in

Articles 9 through 12 of this Agreement.

8.4 Employees shall be paid weekly.

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 bi-weekly on Friday.

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 (5) days a week. Employees shall be eligible for overtime only when they have worked (See Section

8.2) in excess of forty (40) 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 (1 ½) 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, as defined in Article 8 – Wages and Benefits, 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 by the Company.

9.6 The Company 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 Company agrees, when 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 or situations that arise without warning to the Company.

9.7 Employees called out to work shall receive no less than two (2) hours pay. If the employee is recalled within two (2) hours, then the two (2) hours pay period does not start again. The employee will not be eligible for the minimum two (2) hours pay if the call back is a direct result of the employee’s actions or lack thereof.

9.8 An Employee who is called in after normal working hours will receive overtime pay (one and one half (1 ½) of the normal pay rate) for all hours worked. Hours worked for call back pay will include Holidays and Vacations, excluding sick pay.

Article 10 – Holidays

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

New Year’s Day

Martin L. King’s Birthday

President’s Day

Memorial Day

Independence Day

Labor Day

Columbus Day

Veteran's Day

Thanksgiving Day

Christmas Day

10.2 Employees will be paid their normal scheduled hours at their normal straight time hourly rate for holidays. IE: Employees who are normally scheduled to work four (4) hours, shall receive four (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 holiday hours, an employee must be on the active payroll and must work the entire last regularly scheduled shift prior to and the first full regularly scheduled shift following the holiday unless he is on pre-approved vacation.

10.4 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.

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

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 cays corresponding to length of continuous service:

After Years of Service # of Days

First Year after Probation Period 5

One (1) year 10

Five (5) years 15

Ten (10) years 20

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 at least two (2) weeks in advance. If a conflict exists between vacation scheduling, approval will be given based on 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.

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. Any employee during their first year of service will not be paid any unused vacation time regardless of any other terms and/or conditions in this agreement upon termination of employment.

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 Employees shall be entitled to on their anniversary date, at their regular rate of pay, as identified in Schedule “A” after completion of the ninety (90) day probationary period.

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 Vacation at least two weeks in advance.

11.9 Any unused vacation will become the sole burden and shall be binding on any and all successors and assigns of the Company, whether by sale, transfer, merger, acquisition, consolidation, or otherwise.

11.10 All fulltime employees shall receive seven (7) (eight (8) hour) days “sick” time per year to be used for employees being sick, doctor visits for the employee or to take the family members to the doctor. Any unused time will not be paid out nor will it be carried over between years. Time will be tracked on a January through December time table.

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 Paid Time Off (PTO) if available, if not it will be leave without pay.

Article 13 - Grievance and Arbitration

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

13.2 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) 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 clays from the Companies 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 as expeditiously as possible. A decision by the Company shall be rendered within seven (7) days.

Appeal: The Union may appeal a denied Step III 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 (FMCS).

The FMCS 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 FMCS 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.

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

13.4 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 cost of any such alternative methods shall be borne equally between the parties unless otherwise agreed upon.

Article 14 - Uniforms

14.1 Uniforms provided by Company purchase:

A minimum of six (6) sets of uniforms will be provided to all permanent covered employees each year by the Company.

14.2 Uniforms provided under a Company Service Contract:

When the company enters into a service agreement with a uniform company for the uniforms and servicing of the same, the following conditions will be adhered to:

i. All uniforms will remain on-site and cleaning/servicing will be performed by the

Company vender, unless otherwise approved by the Company on a case by case basis.

ii. Employees should plan enough time to change into their uniform prior to the start of their assigned shift and change out of the uniform after the shift has ended for the day. Uniforms are NEVER to be worn home for any reason, unless otherwise approved by the Company on a case by case basis.

All employees are required to participate in the service contract for the uniforms. All dirty uniforms are to be made available for pick up on the uniform vendor’s designated day of the week. This statement can be waived by the Company Project Manager on a case by case basis.

These waivers will usually limit to medical conditions/allergies or other reasons of the same magnitude.

14.3 In all cases of how the Uniforms are provided:

Should an employee be terminated from their position with the Company, for any reason, all uniforms will be accounted for within twenty-four (24) hours of termination. The replacement cost, as indicated by the uniform vendor, of any missing or ruined garments

(by the employee’s negligence) will be withheld from the employee’s final payroll check.

All employees are expected to dress appropriately at all times. Uniforms should not be wrinkled or badly faded. Holes, tears, missing buttons, etc. should be reported to the office manager immediately so that arrangements can be made for repair or replacement.

Shirts are to be tucked in, no “sagging” pants, no colored or patterned undershirts (only white, navy or black). No hats with any other logos besides C&W Government Services

Contractors, no camo hats, no brightly colored shoes, no bandanas or do-rags, no earrings

(women who work near equipment may wear small & tasteful earrings - for safety purposes, no large dangle earrings).

At no time should an employee ever “work” in the building while still dressed in their street clothes, either before their shift or after.

Article 15 - Health and Safety

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

15.2 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.

15.3 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.

15.4 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 16 - Leave of Absence

16.1 Maternity or paternity leave will be granted in accordance with provisions of the Family and

Medical Leave Act (FMLA).

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

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

16.3 Except for military service leaves, all accumulated paid leave must be exhausted prior to being placed on leave without pay status. Employees who have requested, and been granted scheduled vacation time off shall not subsequently have such vacation time revoked. However, once PTO is exhausted, the remainder of the pre-scheduled time will be without pay.

16.4 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 17 - Visitation Rights

17.1 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 18 - Captions and Terms

18.1 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 19 - Savings Clause

19.1 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 20 - Bulletin Boards

20.1 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 21 - No Discrimination

21.1 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 22 - Shop Steward

22.1 The Union may select up to one (1) 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:

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 Company, 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 it 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 Company’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 23 - Call-In Pay

23.1 If an employee has completed his shift, leaves the premises, and is called back to the facilities, he shall be guaranteed a minimum of two (2) 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 24 - Sick Leave

24.1 Employees shall be entitled to sick leave per year, with pay, at the employee’s regular rate of pay, as identified in “"Schedule A”. The Company may require medical proof of illness for absences in excess of three (3) days with sick leave. If an employee works more than one half

(½) day, the employee shall only be paid for hours worked and will receive sick pay for the hours not worked. In accordance with “Schedule A”, Employees will receive seven (7) full days per year at the employee’s anniversary date. Sick leave does not carry over from year to year or accumulate in any way.

Article 25 - Wage Rate Classifications

25.1 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 26 - Funeral Leave

26.1 The Company and the Union recognize that an employee may require three (3) consecutive calendar days for funeral leave. In the event that travel is more than 500 miles, then they will be entitled to five (5) days. Funeral leave/bereavement is defined for immediate family (spouse, child, grandchild, grandparent, parent, sister, brother, parent-in-law, grandchildren, domestic partner). 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. Funeral pay must be used for its intended purpose. An employee is prohibited from using bereavement pay as time off.

Article 27 - Successors and Assigns

27.1 The terms and conditions of this Agreement shall be binding on any and all successors and assigns of the Company, whether by sale, transfer, merger, acquisition, consolidation, or otherwise. The Company 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 through any other action by the government or the Company that does not involve any agreement between the successor and the Company.

Article 28 - Modification

28.1 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.

28.2 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 29 - Duration

29.1 This Agreement shall be in full force and effect from November 5, 2018 through September

30, 2022. The first term of this collective bargaining agreement is from November 5, 2018 to

September 30, 2019 and thereafter October 1st through September 30th of each subsequent year.

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.

31.2 Use of a personal 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 it 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 for like kind and brand. Lost or Stolen tools will not be replaced by the company. Hand tools are defined as normal industry standard tools to include but not limited to: screwdriver, pliers, crescent wrench, slip jaw pliers etc.

For the Union: Local 624, IUOE, AFL-CIO For the Company: C&W Government Services

Mitchell Byrd

Southern Regional Representative

James B. Canavan

Vice President, Labor Relations

Date:

Date: November 7, 2018

Schedule “A”

Collective Bargaining Agreement Between

IUOE Local 624 and C&W Government Services

For work performed under the service contract act

Employee Classification Effective

11/05/18

Effective

10/01/19

Effective

10/01/20

Effective

10/01/21

Chief Engineer $33.55 $34.56 $35.59 $36.66

OSS/Engineer (Batesville) $31.93 $32.89 $33.87 $34.89

Engineer (Bankruptcy) $27.81 $28.64 $29.50 $30.38

HVAC $27.04 $27.85 $28.68 $29.54

GMW $18.28 $18.83 $19.40 $19.98

Electronics Tech II $29.10 $29.97 $30.87 $31.80

Custodial Supervisor $18.55 $19.11 $19.68 $20.27

Janitor $12.40 $12.77 $13.16 $13.55

Day Porter $12.40 $12.77 $13.16 $13.55

Administrative Assistant $18.00 $18.54 $19.10 $19.67

Effective

11/05/18

Effective

10/01/19

Effective

10/01/20

Effective

10/01/21

Health (All Buildings in Little Rock) $6.25 $6.25 $6.85 $7.55

Pension (All Buildings in Little Rock) $3.90 $4.40 $4.40 $4.40

Health (Batesville) $6.25 $6.25 $6.85 $7.55

Pension (Batesville) $3.90 $4.40 $4.40 $4.40

Local 624 Training (all) $0.55 $0.55 $0.60 $0.60

National Training Fund (all) $0.10 $0.10 $0.10 $0.10

*PLH&W paid by the 15th of each month based on 173.33 hours per month, per employee. CPF, Local

Training and NTF paid monthly for all hours worked up to a maximum of forty (40) hours per week. Future increases to PLH&W that are not required for eligibility will be allocated to the other funds. The Employer agrees to make a monthly contribution for November 2018 of $1,083.33 on behalf of all employees.