ATTACHMENT 1 Mechanical CBA PMI IOEU July 2020.pdf

AGREEMENT

Between

Phoenix Management, Inc.

And

LOCAL 564

INTERNATIONAL UNION OF OPERATING ENGINEERS,

AFL-CIO

July 1, 2020 – June 30, 2024

TABLE OF CONTENTS

Article 1 – Union Recognition

Article 2 – Union Security

Article 3 – Check-off Authorization

Article 4 – Rights of Management

Article 5 – No Strike – No Lockout

Article 6 – Seniority

Article 7 – Probationary Employees

Article 8 – Wages, Health & Welfare and Pension

Article 9 – Hours of Work and Overtime

Article 10 – Holidays

Article 11 – Vacation

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 – Saving Clause

Article 20 – Bulletin Boards

Article 21 – No Discrimination

Article 22 – Shop Steward

Article 23 – Call-In Pay

Article 24 – Sick/Funeral Leave

Article 25 – Wage Rate Classifications

Article 26 – Modification

Article 27 – Duration

Schedule "A" Wages

Schedule “B” – Health & Welfare, Long Term Disability and Pension

This agreement, made and entered into this 1st day of July 2020 by and between Phoenix Management, Inc.

with its principal office at 2000 Windy Terrace, Suite 5A Cedar Park, TX 78613 (hereinafter referred to as the

"Company") and Local 564 of the International Union of Operating Engineers. AFL-CIO, with its principal office at

2120 North Brazosport Blvd., Richwood, TX. 77531 (hereinafter referred to as the "Union").

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 maintenance and custodial employees· employed by the Company San

Antonio and Pearsall, Texas excluding all office, and clerical employees, guards, professional employees , confidential employees and supervisors as defined in the National Labor Relations Act as amended.

Article 2 – Union Security

All employees covered by this Agreement, as defined in Article I. including part-time 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 3 – Check-off Authorization

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

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 any other body asserting or having jurisdiction against the Company as well as reasonable costs and expenses involved in defense of any such action as set forth in this paragraph.

The current dues structure is one and one-half times the regular rate plus any increase of per capita.

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 – Rights of Management

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: 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, 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 needed, to establish hours of work, to transfer, promote and demote employees for cause. The Company shall have the right to suspend, discipline and discharge employees for cause or relieve them from duty for lack of work or for other proper reasons. 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.

Article 5 – No Strike – No Lockout

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, slowdown, 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

Section 1. 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 on the same properties performed for the General Services Administration, San

Antonio and Pearsall District.

Section 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, selection of vacation periods and sick leave, reduction and restoration of the working force. Company Seniority shall be considered for the amount of vacation and sick leave.

Section 3. Classification and Company Seniority lists shall be prepared by the Company and shall be posted January 1st of each year and shall be revised each 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.

Section 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. The

Steward shall be the last employee in his classification laid off provided he has the ability to perform the remaining work.

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 Agreemen½ he shall lose all seniority rights under this Agreement and his name shall be removed from the seniority lists.

Section 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 re-employment 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 allocated 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, accepts another job, applies for unemployment compensation, or goes into business for himself, 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.

Article 7 – Probationary Employees

Newly hired employees shall be on probation for the first ninety (90) calendar 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.

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 sick leave benefits based on their total length of service with the Company.

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 and Pension

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 "B".

Article 9 – Hours of Work and Overtime

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 of work either per day or per week, or as limiting the right of the Company to determine and fix work schedules and to require such employees to work any specified number of hours either per day or per week

The normal work week (Sunday through Sat) for the maintenance employees, shall be forty (40) hours.

consisting of five (5) work days of eight (8) hours each day in a pay week. All employees are paid semi-monthly. All other employee’s hours may vary. The employees will receive a 15 minute break for each 4 hours of scheduled work with one break in the morning and one in the afternoon as time and operational demands permit.

Overtime: The rate of one and one-half ( 1.5) times the regular straight time rate of pay shall be paid for all work performed in excess of forty (40) hours in any pay period running 000l AM Sunday through midnight Saturday.

In order to meet operational or maintenance needs. or in case of emergency, employees may be required to work overtime.

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.

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 possible to post a work schedule in a convenient place for observation by the employees at least one (1) week in advance. All changes in regular scheduled days off and shifts shall be posted 48 hours in advance unless there is an emergency.

Article 10 – Holidays

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

Employees will be paid their normal scheduled hours at their normal straight time hourly rate for holidays.

Employees required to work on a holiday shall be paid in addition to their normal straight time rate an additional standard straight time rate for the holiday hours worked. This additional straight time rate will be paid in addition to the holiday pay.

To be eligible to receive holiday pay, an employee must be on the active payroll and must work the last regularly scheduled shift prior to and the first regularly scheduled shift following the holiday unless he is on vacation.

Article 11 – Vacation

An employee who shall have attained the years of continuous service specified in the following table, shall receive a regular vacation corresponding to such years of continuous service with vacation pay as shown in the following table. Vacation hours are allocated once a year on the employees anniversary date.

Years of Service

One (1) year of service

Five (5) years of service

Ten (10) years of service

Entitlement

Ten (10) days

Fifteen (15) days

Twenty (20) days

The Company shall have the exclusive right to fix and determine the vacation schedule; however, wherever practicable the Company will provide priority consideration to those employees with the most seniority in scheduling vacation but such schedule will necessarily be governed by the operating requirements of the facility.

Vacation payment will be calculated on the basis of a regularly scheduled day at the employee's straight time rate in existence at the time of vacation.

Payment of vacation pay shall be made to each employee entitled thereto on the last regular payday of the company's published payroll schedule.

Employees may carry over twenty-four (24) hours of vacation per year to be used in the following year. There will be no buy back of vacation hours. Employees will use the vacation hours during the following year of allocation.

Eligible employees who are laid off or otherwise removed from the payroll shall be paid any allocated but unused vacation hours at the employee’s current hourly rate. Employees discharged for cause or employees who do not provide two (2) weeks' notice of resignation shall not receive any vacation pay.

Article 12 – Jury Duty

An employee summoned for Jury Duty to a court of record shall be allowed. whenever possible the necessary time off for such service.

Whenever an employee may be summoned, the employee will receive a maximum of eight (8) hours pay per day for jury duty to a maximum of forty (40) hours per week computed at straight time on the employees current hourly rate. The employee must present the Company with a copy of the statemen from the clerk of the court showing the dates of such service.

Article 13 – Grievance and Arbitration

Section 1. Definition: A grievance is defined as a dispute, difference, disagreement, or complaint between the parties related to wages, hours, and conditions of employment. A grievance shall include, but is not limited to the complaint of an employee, Company, or of the Union which involves the interpretation, application of or compliance with the provisions of this agreement.

Section 2. Procedure

Step I: Within five (5) working days of an incident or event giving rise to a grievance, the Shop Steward must discuss the grievance with the Supervisor in order to initiate the grievance. The employee may accompany his

Steward, if he so desires. The Company shall render a decision within forty-eight (48) hours after the conclusion of the Step I hearing.

Appeal: If the Union wishes to appeal, it must appeal a denied grievance to Step II within 5 working days after the receipt or non-receipt of the Company's decision. Such appeal shall be in writing to the Supervisor or department head of the Company's operation at the facility.

Step II: The Shop Steward or Union Representative shall represent the employee. The Supervisor or department head shall meet with the Steward or Union 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 II grievance to Step III within ten (10) working days of the receipt or non-receipt of the Step II decision.

Step III: The Union Business Representative shall meet to discuss the grievance with the Supervisor and the

Company's Corporate 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 Ill grievance to Arbitration within ten (10) working days of the receipt or non-receipt of the Company's decision.

Step IV: 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.

If the grievance is submitted to arbitration and the parties do not mutually agree on the arbitrator, it shall be incumbent upon both parties to the grievance to select the arbitrator through the rules and procedures of the Federal

Mediation and Conciliation Service, specifying that the list provided shall contain only arbitrators who are members of the National Academy of Arbitrators.

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.

Article 14 – Uniforms

Wash and wear uniform shirts and/or smocks will be provided by the Company at no cost to the employee.

Employees will be responsible for washing their shirts and/or smocks.

Employees will be reimbursed up to $125.00 per year for approved work boots upon submittal of receipts.

Article 15 – Health and Safety

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

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.

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.

As a condition of continued employment ail 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

Employees with at least one (I) year of service may, at the discretion of the Company, be granted a leave of absence without pay for periods not to exceed thirty (30) calendar days in any year.

Article 17 – Visitation Rights

Officers of the Union shall have the privilege of visiting members of the Union during working hours 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.

Article 18 – Captions and Terms

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 – Saving Clause

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

The Company agrees to provide Union with a bulletin board, however, all material to be posted requires the approval of the Supervisor or his designee prior to posting.

Article 21 – No Discrimination

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, 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

The Union may select one (I) employee 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:

Section 1. The investigation and presentation of grievance to the designated Company's representative in accordance with the provisions of the collective bargaining agreement.

Section 2. 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.

Section 3. 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 interferences of the Employer's business.

Section 4. 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

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 pay or two (2) hours of work at the applicable hourly rate for the position.

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 fore-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

Supervisor or his designee.

Article 24 – Personal/Sick/Funeral Leave

Sick Leave: Employees should be entitled to personal/sick and Funeral leave per year with pay at the employee's regular rate of pay as identified in Schedule "A”. The Employer may require medical proof of illness for absences in excess of two (2) days with sick leave. No sick leave pay shall be paid for less than one hour. In accordance with Schedule B, the employee will accumulate 2.33 hours per pay period to a maximum of 56 (fifty-six) hours.

Employee can schedule personal/sick leave ahead of time. There will be no buy back of unused sick leave. Although new employees will begin accumulating sick leave from their date of hire, they will not be permitted to utilize this leave until the end of the employee's probationary period.

Funeral Leave: Full time employees who have a death in the immediate family defined as the employee's

Mother, Father, Spouse, Son, Daughter, Sister, Brother, Step-Parent, Mother -in- Law, Father- in-Law , Grandparent, or a member of the immediate family through adoption or guardianship, shall be paid up to three days' pay at the base hourly rate for time missed within one week of the death to attend the funeral and/or make necessary funeral arrangements. Proof of Death, such as death certificate or obituary notice may be required by the Company.

Article 25 – Wage Rate Classifications

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 each classification lo which assigned at not less than the job rate for the work performed.

Article 26 – Modification

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 or claims which may be asserted in arbitration hereunder, or otherwise.

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.

The parties hereto mutually agree not to seek, during the term of this Agreement, to negotiate or bargain with respect to any matters pertaining to rates of pay, wages , hours of employment , or other conditions of employment, whether or not covered by this Agreement or in the negotiations leading thereto, and any rights in that respect are hereby expressly waived.

The provisions of this Agreement shall be conclusive as to all bargainable matters relating to wages, hours or work, and working conditions, except that rates of pay for new classifications are bargainable. Therefore, the

Company and the Union, for the lifetime of the Agreement each agree that the other shall not be obligated to bargain collectively with respect to any subject matter referred to or governed by this Agreement, unless the Company and the

Union mutually agree to alter, amend, supplement, enlarge or modify any of its provisions.

Article 27 – Duration

This Agreement shall be in full force and effect from 12:0 I A.M July 1, 2020 to 12:00 midnight June 30, 2024.

Schedule "A" Wages

CLASSIFICATION Current 1/1/2021 7/1/2021 7/1/2022 7/1/2023

Lead HVAC Mechanic $23.07 $23.76 $24.60 $25.46 $26.35

Maintenance Mechanic $22.56 $23.23 $24.05 $24.89 $25.76

General Maintenance Worker $19.47 $20.05 $20.75 $21.48 $22.23

Maintenance Helper $14.21 $14.64 $15.15 $15.68 $16.23

Schedule “B” – Health & Welfare, Long Term Disability and Pension

Health Insurance Payment

a. The Company agrees to contribute the amount listed below per hour paid to a maximum of forty

(40) hours per week toward insurance provided by the Company for all full-time employees and their legal dependents. Any eligible employee who elects to waive coverage (and provides documentation of other coverage) or has a remaining amount after benefits will receive the said

Health and Welfare paid to the Company 401(k).

The rates will be as follows:

Current $4.65

1/1/2021 $4.85

7/1/2021 $5.05

7/1/2022 $5.25

7/1/2023 $5.55

Pension:

The Company agrees to contribute the amounts listed below per hour paid, not to exceed forty

(40) hours per week for all employees as covered herein to the Central Pension Fund of the International

Union of Operating Engineers and Participating Employers.

Current $1.10

1/1/2021 $1.15

7/1/2021 $1.20

7/1/2021 $1.25

7/1/2022 $1.30

Sick Leave:

In accordance with the guidelines as established in Article 24, the Employee is entitled to the number of days listed below:

Seven (7) days per year on an accrual basis as noted in Article 24