Attachment_14_Collective Bargaining Agreements.pdf

AGREEMENT

between

FOUR SEASONS ENVIRONMENTAL, INC.

and

INTERNATIONAL UNION OF

OPERATING ENGINEERS

LOCAL NO. 926

AFL-CIO

January 21, 2022 - January 20, 2027

Table of Contents

ARTICLE 1 - PREAMBLE

ARTICLE II - RECOGNITION

ARTICLE 3 - RESPONSIBILITIES OF THE PARTIES

ARTICLE 4 - EMPLOYEE HANDBOOK

ARTICLE 5 - DUES CHECKOFF

ARTICLE 6 - HIRING

ARTICLE 7 - PROBATIONARY EMPLOYEES

ARTICLE 8 - NON-DISCRIMINATION

ARTICLE 9 - MANAGEMENT RIGHTS

ARTICLE 10 - STEWARDS AND BUSINESS REPRESENTATIVES

ARTICLE 11 - DISCIPLINE

ARTICLE 12 - GRIEVANCE AND ARBITRATION PROCEDURE

ARTICLE 13 - SENIORITY

ARTICLE 14 - TEMPORARY TRANSFERS AND UPGRADES

ARTICLE 15 - BARGAINING UNIT WORK

ARTICLE 16 - LEAVES OF ABSENCES

ARTICLE 17 - BEREAVEMENT LEAVE

ARTICLE 18 - WORKWEEK, HOURS OF WORK AND SHIFT SCHEDULING

ARTICLE 19 - VACATION

ARTICLE 20 - WAGES

ARTICLE 21 - FRINGE BENEFITS

ARTICLE 22 - IMMUNIZATION AND TESTING REQUIREMENTS

ARTICLE 23 - HEALTH AND SAFETY

ARTICLE 24 - DRUG FREE WORK PLACE

ARTICLE 25- NO STRIKE / NO LOCK OUT

ARTICLE 26 - SAVINGS CLAUSE

ARTICLE 27 - RENEWAL PROVISION

ARTICLE 28 - SIGNATURE PAGE

ARTICLE 1 - PREAMBLE

This Agreement has been entered into effect on the 21st day of January, 2022, by and between Four Seasons

Environmental, Inc. located at Athens, Georgia, hereinafter referred to as the "Company" and International

Union of Operating Engineers, Local 926, AFL-CIO, hereinafter referred to as the "Union".

ARTICLE II - RECOGNITION

The Company recognizes the Union as the sole and exclusive bargaining representative for wages, hours and other conditions of employment for the employees in the unit description below:

All full-time and regular part-time electricians, general maintenance workers, HVAC, plumbers/pipefitters, plumbers, pipefitters, carpenters/painters, carpenters, painters, millwrights, HVAC research facility, electronic technicians, lawn and garden personnel, personnel assistants, stationary engineers, general mechanics, groundskeepers, boiler technicians, gas operators, data entry operators, and leads employed by the Employer at its facilities located at 950 College Station

Road, Athens, Georgia and 934 College Station Road, Athens, Georgia.

ARTICLE 3 - RESPONSIBILITIES OF THE PARTIES

Each of the parties hereto acknowledge the rights and responsibilities of the other party and agree to discharge its responsibilities under this Agreement.

The Union recognizes the obligation imposed upon it as the exclusive bargaining agent of the employees.

Without waiving any rights under this Agreement or the National Labor Relations Act, the Union supports the introduction of new methods; promotion of efficiency; eliminating waste; conserving materials, supplies and equipment; improving the quality of workmanship; preventing accidents; and discouraging absenteeism and strengthening goodwill and mutual respect between the Company, the employees, and the Union.

ARTICLE 4 - EMPLOYEE HANDBOOK

The employee handbook will be applicable and in effect unless it is contradicted by the Collective

Bargaining Agreement. Then, the Collective Bargaining Agreement will prevail. Copies of the handbook will be made available to employees at the Human Resources office or a similar reasonable location, In the event that the Company seeks to modify one or more provisions of the handbook, the Company shall provide a copy of the new or modified provision(s) to the Union Business Manager by certified mail, email or fax before they are incorporated into the existing handbook. If the Union believes in good faith that the new or modified provision(s) are unreasonable, it shall have twelve (12) calendar days after receiving notice of such provision to file a grievance. If no grievance is timely filed, the provision(s) shall be deemed reasonable and may be incorporated in the handbook.

ARTICLE 5 - DUES CHECKOFF

The Employer agrees to deduct, from each paycheck, all established monthly dues and initiation fees and uniformed levied assessments from the earnings of each employee in the Bargaining Unit who individually and voluntarily authorizes these deductions in writing. The Union shall supply the Company a monthly invoice with the names and dues owed to remit to the Union. All amounts so deducted shall be remitted to the Union, together with a duplicate list of those employees from whom such deductions were made. The

Union assumes full responsibility for the disposition of funds so deducted and remitted once they are paid over to the Union. Errors made by the Employer in the deduction and/or remittance of money shall not be considered by the Union as a violation of this provision, provided that such errors are corrected when brought to the Employer's attention, The Union will indemnify and hold the Company harmless from and against any and all claims, demands, charges, complains, or lawsuits instituted against the Company that are based on or arise out of any action taken by the Company in accordance with or arising out of the dues check-off provisions of this Article, or in reliance on any notice or assessment provided by the Union under this Article, In no event, shall the Company have any financial liability for actions taken related to this

Article.

ARTICLE 6 - HIRING

All bargaining unit vacancies will be posted on company bulletin boards and on-line. In addition, any Union member who has completed the IUOE Stationary Training Program will be will be given preference for bargaining unit vacancies. The Company shall have discretion in determining whom to employ. However, current bargaining unit employees shall have preference over outside applicants for bargaining unit vacancies provided that they meet minimum qualifications for the posted position unless, the outside applicant has superior relevant qualifications. The bypassed employee may grieve the hiring decision.

ARTICLE 7 - PROBATIONARY EMPLOYEES

Any new employee may be disciplined or discharged by the Company at any time during the first one hundred-eighty (180) calendar days of employment on any grounds. The Company shall be the sole judge, without appeal to the grievance or arbitration provisions, as to the competency of the employee during their probationary period. During this entire probationary period, the employee is in the status of a

"Probationary Employee" and shall have no seniority rights or access to the grievance or arbitration provisions.

ARTICLE 8 - NON-DISCRIMINATION

The parties agree that there shall be no discrimination against any employee as a result of his/her membership or non-membership in the Union or for the otherwise engaging in protected conceded activity.

The parties further agree that neither party will discriminate against any employees on the basis of race, creed, color, religion, age, gender, gender identity, national origin, religion, disability or any other characteristic protected by Federal, State or Local Law.

ARTICLE 9 - MANAGEMENT RIGHTS

9.1 Unless otherwise abridged by a provision of this Agreement, all management rights, powers, authority and functions, whether heretofore or hereafter exercised, and regardless of the frequency or infrequency of their exercise, shall remain vested, exclusively in the Company, It is expressly recognized that such rights, powers, authority and functions include, but are by no means whatever limited to, the full and exclusive control, management and operation of its business and its operation; the determination of the scope of its activities, the manner in which work is performed, and the machinery and equipment to be utilized, and the layout thereof; the right to establish or change shifts, schedules of work and production schedules and standards as ordered by the client or with notice and discussion; the right to establish, change, combine or eliminate jobs or positions, job classifications and descriptions as ordered by the client or with notice and discussion; the right to classify and reclassify employees as ordered by the client or with notice and discussion; the right to introduce new or improved procedures, methods, processes, facilities, machines and equipment or make technological changes; the right to maintain order and efficiency; the right to contract or subcontract any services required by the client to the extent that such subcontracting does not result in the reduction of the bargaining unit work force; the right to purchase or contract on-site or off-site for the production, maintenance, repair, installation, or processing of any product, component, or equipment thereof; the determination of the number, size and location of its facilities or any parts thereof, and the extent to which the means and manner by which its business shall be operated, relocated, shut down or abandoned; the right to terminate, merge, consolidate, relocate, sell or otherwise transfer its business or any part thereof; the right to make and enforce safety and security rules, including drug and alcohol testing policies, and rules of conduct; the right to establish and alter from time to time work rules and regulations;

the right to determine the number of employees, the assignment of duties thereto, and the right to change, increase or reduce the same, and the direction of the working forces, including but by no means limited to hiring, selecting and training of new employees, and suspending, scheduling, assigning, discharging, laying off, recalling, promoting, demoting, and transferring of its employees for lack of work or other legitimate reasons, it being understood that all disciplinary actions shall be supported by just cause. The Union expressly and unmistakably waives the right to bargain over any decision regarding the aforementioned topics in this section. Provided, however, that the Union does not waive the right to demand to bargain over effects as recognized by the National Labor Relations Board.

In the event that the Company establishes or modifies a rule or regulation the Company shall provide a copy of the new or modified rule or regulation to the Union Business Manager by certified mail, email, or fax. If the Union believes in good faith that a rule or regulation adopted or modified by the Company is unreasonable, it shall have twelve (12) days after receiving notice of such rule to submit a grievance. If no grievance is timely filed, it shall be deemed reasonable.

The sections contained in this Article are intended to be clear and unmistakable waivers of the Union's right to bargain during the term of this Agreement over any decision, over matters which the Company has no discretion, by the Employer to subcontract, move, transfer, sell, lease, close, or cease operation if directed by the client.

In the event that the Company asserts that any action covered by this Article is directed by the client, the

Company shall provide, upon request from the Union Business Manager by certified mail, email, or fax, the documentary or other evidence that the Company's action is in fact required by the client.

It is understood and agreed that the reserved rights of management, examples of which are set forth in the paragraph above, shall be interpreted in their broadest scope and shall be deemed only to be limited by express provisions of the Agreement and not by implication or construction.

MANAGEMENT PREROGATIVES

9.2 The Company retains and reserves any and all rights not specifically set forth in this Section, except to the extent such right is expressly abridged by the specific provisions of this Agreement.

9.3 The failure of the Company to exercise any function, power of right reserved or retained by it, or exercise any power, function or right in a particular manner, shall not be deemed a waiver of the right of the Company to exercise such power, function, authority or right to preclude the Company from exercising the same in some other manner, so long as it does not conflict with an express provision of this Agreement.

ARTICLE 10 - STEWARDS AND BUSINESS REPRESENTATIVES

10.1 The Company shall recognize one (1) total employees, plus 2 (two) alternate employees when the primary employee is absent for the worksite, selected by the Union as Stewards.

The Union shall notify the Company in writing of the Employees designated as Stewards and the Company shall not be required to recognize or in any manner deal with any Employee or other Union official not properly designated as provided in this Section. Business Representatives of the Union, properly accredited to the Company by the Union shall physically contact Stewards and/or Employees only through arrangement with the Contract Administrator or Human Resources.

10.2 Stewards Privileges. It is understood and agreed that each Employee is employed to perform full time production work for the Company. A Steward will be given permission, upon request, to leave their work station with pay from the Company within a reasonable period of time, to perform approved duties during working hours. The Steward must provide the Company detailed accounting of time spent under this paragraph.

10.3 Access to Campus (Grievance Administration). A Union Representative may enter the Campus when necessary to investigate or resolve a grievance or meet with bargaining unit employees, if the representative has obtained management's prior approval from a management designee (list to be provided).

Approval will not be unreasonably denied. The Union Representative will comply with all normal requirements for visitors in effect at that time, e.g., sign-in, escort in work areas, confidentiality agreement.

10.4 Access to Campus (General). A designated representative of the Union may visit the Campus during the normal working hours of bargaining unit employees. Visits should be scheduled in advance by contacting and making arrangement with the Project Manager or designee. The designated representative will be allowed to access all areas not restricted by the customer in order to investigate grievances.

10.5 Conditions Relating to Access:

a) Before entering the Campus, the designated representative shall sign in at the designated visitor entrance location. Upon leaving the Campus, the designated representative shall sign out and return any ID badges that were issued during the visit.

b) The designated representative of the Union will not disrupt work, engage in any activity that might pose a safety hazard, or any activity that otherwise disrupt the Employer's operations other than what is required to investigate grievances. The designated representative of the Union will comply with all requirements for visitors to the campus, such as maintenance of confidentiality and safety procedures.

10.8 Bulletin Boards. The Union may post notices up to 24 x 36 inches at the facility on the Company bulletin boards. The Union will adhere to all USDA guidelines concerning postings.

ARTICLE 11 - DISCIPLINE

The Company will follow progressive discipline. Therefore, the Company reserves the right, in certain situations, to skip actions depending on the (severity) of the offense. The Company will consider whether the offense is repeated despite training, and the impact the offense may have on the Company. Nothing in this Article will restrict the company from going back on disciplinary steps if an offence is minor compared to previous disciplinary actions.

Corrective Action includes:

Verbal Warning

Written Warning

Suspension

Termination

Subject to the provisions of this Agreement, the right to discipline or discharge employees shall remain in the sole discretion of the Company, except that such discipline or discharge will only be imposed for just cause. Subject to just cause, and as permitted by law, pursuant to Company handbook for policy examples of conduct that could lead to discipline.

After eighteen (18) months without incident an employee's last disciplinary action will not be considered in future disciplinary action.

Termination. Employees covered by this Contract desiring to leave the services of the Contractor shall be requested to give the Contractor at least two (2) weeks' notice so that a replacement can become acquainted with the general routine of the job. The refusal of this two (2) week notice by the employee may disqualify the employee from rehire.

An employee who resigns with proper notice shall be paid for all unused vacation and personal days in accordance with federal, state and local laws. These and any owed wages will be paid out on the next scheduled payday.

ARTICLE 12 - GRIEVANCE AND ARBITRATION PROCEDURE

12.1. The Company and Union desire that unfairness to the employees shall not exist and that complaints and grievances shall be settled whenever possible with the Supervisor of the shift on which the complaint or grievance originates. Whenever a complaint or grievance develops, either the complainant or the Union shall follow the steps described in 12.2, 12.3, 12.4 and 12.5. The grieving party’s failure to raise or advance the grievance in a timely manner as described herein shall result in complete forfeiture. The Union shall be the exclusive representative of the Employee with respect to the processing, disposition and/or settlement of any grievance.

12.2 Step 1: The complainant shall first discuss the case with a Supervisor and/or onsite HR Manager or designee within five (5) business days of the event giving rise to the grievance in an effort to arrive at a mutually satisfactory settlement. If the compliant is not resolved, the Company will answer the complainant in writing within five (5) business days.

12.3 Step 2: If the complaint is not resolved in Step 1, the complainant shall contact a Steward and/or

Business Agent, a grievance (by the employee or Union) shall be reduced to writing and presented to the

Contract Administrator and/or designee within seven (7) business days. The Steward and/or Business Agent and grievant shall meet with the Contract Administrator and/or designee in an effort to resolve the issue.

The Contract Administrator and/or designee shall provide a written response within seven (7) business days.

12.4 Step 3: If the grievance is not resolved in Step 2, the Steward and/or Business Agent shall deliver within five (5) business days, the grievance to FSE’s Corporate Human Resources and/or designee via email. Corporate Human Resources, the Business Agent and the Steward shall meet (conference call, online meeting, skype, Got To Meeting, etc.) within a reasonable time in an effort to resolve the issue. Corporate

Human Resources shall provide a written response within five (5) business days. A Company representative may act in place of Human Resources.

12.5 Step 4: If the grievance is not resolved in Step 3, the Union Business Agent may within five (5) calendar days after Step 3 response elect to refer the matter to mediation with FMCS by notifying the party in writing by Certified mail or email. If the issue is not resolved at mediation, the Union may notify the

Company by Certified mail or email that it is proceeding to arbitration within ten (10) days after the completion of the mediation. The arbitrator may be selected by mutual agreement of the Union and the

Company. In the event the parties fail to agree upon an arbitrator within five (5) calendar days after receipt of notice of intention to arbitrate, the FMCS will be requested to submit a list of seven (7) arbitrators. Each party shall alternately strike names from the list, the remaining person shall be designated the arbitrator.

The grieving party shall strike first. Unless waived by mutual consent of the parties, the arbitrator so chosen must agree to conduct the hearing within thirty (30) days after appointment, and must further agree to render a decision within thirty (30) days of the hearing or filing of post-hearing briefs. If the arbitrator is unable to consent to these conditions, another will be selected. The decision of the arbitrator shall be final and binding upon all parties. Only grievances involving the interpretation or application of this Agreement are arbitrable and the arbitrator shall not have the authority to add to, subtract from, or modify the provisions of this

Agreement or to limit or impair any rights of the Company not at issue in the current dispute. Every effort shall be exerted to expedite arbitration proceedings.

12.6 Employee witnesses will be excused from work without pay and any lost wages will be reimbursed by the party calling the witness.

12.7 An Employee or the Union may file a grievance under the terms of this section. In the event a grievance is filed by the union, Step 3 shall be the beginning step.

12.8 In grievances involving potential damages or back pay, the Company’s maximum back pay or damage exposure shall not exceed one hundred and twenty (120) calendar days from the date of the arbitration award counting back nor shall the award cover any period prior to the start of the current contact option period unless and to the extent the Company has delayed the proceedings.

12.9 The fees and expenses of the arbitrator will be paid by the losing party. The parties agree that the arbitrator has the authority to determine appropriate proration of this cost in the event of a split decision and award. Each party is responsible for the cost and expenses (including attorney’s fees) of their own witnesses and representatives. The decision of the arbitrator will be final and binding on the Company and the Union.

ARTICLE 13 - SENIORITY

13.1 Bargaining Unit Seniority. Seniority in the bargaining unit covered by this Agreement shall be computed from the last date of hire. Length of service includes the whole span of continuous service with the present contractor and with the predecessor contractors in the performance of similar work at this

Federal facility.

13.2 Classification Seniority. Classification Seniority will be continuous service within a classification and shall apply for the purposes of determining layoffs or reduction in workforce only as described in

Section 4.

13.3 Seniority List. The Company shall keep a seniority list of all bargaining unit employees. The list will be provided to the Union annually, or when requested, or prior to any Layoff.

13.4 Layoff. In the event of a layoff, employees shall be selected in accordance with classification seniority, experience, and the ability of the employee to perform the remaining work in an efficient manner.

The Company, to determine an employee’s ability, may consider the employee’s record on the job, required specific skills and abilities, and overall performance. Classification seniority shall be controlling if the other qualifications of job candidates are equal and provided that it is expressly understood that in all cases probationary and part-time employees shall be the first laid off and the last recalled. The Company’s judgment with regard to employee abilities may be grieved.

Any employee who is being laid off can only displace a less senior employee in a different classification provided he/she has been employed on this contract and has previously worked in the classification.

Layoffs of not more than fifteen (15) working days and transfers of not more than ten (10) working days shall be considered as temporary and may be made at the Company's discretion and in accordance with the language in this article.

13.5 Recall. Employees shall be recalled in order of seniority if they are fully and immediately qualified to perform the work of the job into which they are recalled. In recalling laid off employees, it is agreed that a laid off employee will have five (5) business days from the date of receipt of registered or certified mail notice from the Company to the Employee’s last known address which to indicate his intention to return and shall report on the date set by the Company. A copy of the recall notice shall be provided to the Union

Business Manager by email. Any person failing to indicate his intention to return or failing to report, unless a reasonable excuse is given, within five (5) business days of the date of notification shall forfeit his seniority rights under this Agreement and be considered terminated.

13.6 Termination of Seniority. All seniority rights shall be terminated and forfeited for any of he following reasons;

1) Voluntary quitting.

2) Discharge for cause.

3) Layoff in excess of twelve (12) months or the length of the employee’s Company seniority, whichever is shorter;

4) Failure to report to work from layoff or to communicate with the Company within five (5) working days after receipt of a registered or certified letter to the employee’s last address on record offering recall (a copy of such communication shall be simultaneously sent to the Union), unless he gives a reason satisfactory to the Company for the failure to report or to communicate;

5) Absence from work for three (3) consecutive work days without contacting their supervisor and/or Human Resources and providing and acceptable reason for the absence.”

6) Overstaying a leave of absence without advising the Company and giving reasons satisfactory to the Company for such absence.

7) Giving a false reason for obtaining a leave of absence or engaging in other employment during such leave.

8) Falsification of pertinent information on the employee’s employment application.

9) Employee – for reason of layoff, leave of absence, or any other reason – does not perform bargaining unit work for the Employer for a period in excess of twelve (12) months or the length of an employee’s seniority, whichever is shorter.

10) The payment of severance pay.

ARTICLE 14 - TEMPORARY TRANSFERS AND UPGRADES

An employee who is temporarily upgraded to a job classification carrying a rate of pay higher than his regular classification shall receive the rate of pay applicable to the temporary job for all time worked in that temporary job. At the conclusion of the temporary upgrade, the employee will be returned to his original position of record and his original rate of pay restored.

Employees working in a classification carrying a lower pay rate will retain their current rate of pay.

Temporary transfers will be for no longer than 90 days.

ARTICLE 15 - BARGAINING UNIT WORK

Supervisors: Selection of any individual to fill any job of a supervisory nature not included in the bargaining unit is the exclusive determination of the Company. Use of working supervision and other non-bargaining unit personnel sometimes is a key ingredient to efficiency and productivity of the Company's business. That is why, on occasion, actual supervisors and other non-bargaining unit personnel may perform bargaining unit work, including:

a) Experimental, development and other research work;

b) Demonstration work performed for the purpose of instructing and training employees;

c) Work required by emergency conditions;

d) Work to assist an employee at that employee’s request;

e) Work which is negligible in amount and which also, under the circumstances then existing, it would be unreasonable to assign to a bargaining-unit employee;

f) Work which cannot be performed by unit personnel until sufficient personnel have accepted employment offers and become capable of performing necessary work or otherwise understaffed;

g) Restore critical equipment to operative status to avoid damage to equipment or facilities, destruction of research materials, or failure of mission critical operations;

h) Work mandated by government client in compliance with contract provisions.

i) Work mandated by government in fulfilling “essential personnel” duties.

In the event that a reduction of force is required by the customer, supervisors may return to or be assigned to the bargaining unit if their skills are desired by the Company. The Company shall have the sole discretion whether to retain the skills of the laid off Supervisor. Provided, however, that at least seven (7) calendar days prior to returning or assigning a supervisor to the bargaining unit, the Company shall notify the Union

Business Manager by certified mail, email or fax. The Union and Company shall meet and discuss the return or assignment and the Company shall provide the Union with written proof that a reduction in force is required by the customer, including but not limited to, a copy of any contract modification requiring a reduction in force. If the Union believes that the Company has not provided proof that the reduction in force is required by the customer, the Union may grieve the return or assignment with the sole issue being whether the reduction in force was required by the Customer. If a supervisor is returned or assigned to the bargaining unit, the intent is to not displace a bargaining unit employee unless absolutely necessary due to the demonstrably superior skills of the supervisor. In the event there are no open positions within the bargaining unit, the Supervisor may displace an employee selected in accordance with classification seniority, experience, and the ability of the employee to perform the remaining work in an efficient manner. The displaced employee can only displace a less senior employee in a different classification provided he/she has been employed on this contract and has previously worked in the classification.

ARTICLE 16 - LEAVES OF ABSENCES

16.1 Personal Leave of Absence. A personal leave of absence may be granted for a period of 90 days should a situation arise where an employee must spend a period away from work, it should be discussed in detail with Human Resources and the Project Manager. At the sole discretion of the Project Manager, the

Company may grant a leave of absence not to exceed 90 days, unless approved by the Project Manager and

Human Resources. All leaves of absence are without pay and employees are required to return to work as scheduled.

The effect that an approved personal leave of absence will have on your standing in company benefit programs including, but not limited to vacation, holiday pay, group health, and life insurance will vary depending on the length and circumstances of your leave. When returning from a personal leave (non

FMLA), every effort will be made to place you in your old job or a similar job with similar pay.

16.2 Military Leave of Absence. The Company agrees to provide a Military Leave of Absence in accordance with federal, state, and local laws and follow the provisions of USSERA and FMLA Military

Leave. If an employee enters Military Duty, they will be eligible for a military leave with all the rights of re-employment established under the Uniformed Services Employment and Reemployment Rights Act.

16.3 Family Medical Leave Act. The Company will comply with the requirements of the Family

Medical Leave Act (FMLA). The Company will follow their written policy and procedure accordingly.

16.4 Reasonable Accommodation. It is the policy of the Company to comply with all the relevant and applicable provisions of the Americans with Disabilities Act (ADA), as well as state and local laws concerning the employment of persons with disabilities.

ARTICLE 17 - BEREAVEMENT LEAVE

In the case of a death in the immediate family of a non-probationary employee, the Employer will pay the employee straight time pay not to exceed three (3) consecutive work days total pay per calendar year. The three (3) day period must be consecutive work days, one of which is the date of the funeral. Verification of the death will be required by the Company. Employees will be paid the hours they are regularly scheduled to work. For the purpose of this Article, immediate family is defined as a parent, stepparent, spouse, child, stepchild, grandchild, grandparent, sibling, mother-in-law, father-in-law, niece, and nephew.

A second bereavement period may be granted at the discretion of the Project Manager.

ARTICLE 18 - WORKWEEK, HOURS OF WORK AND SHIFT SCHEDULING

18.1 Workweek and Hours of Work. All employees shall be assigned to work in accordance with the hours of week and shifts determined by the Employer for each location. USDA considers their core business hours to be 7:00 am — 4:00 pm, Monday through Friday. However, FSE operations provide support to

USDA 24 hours a day, 365 days a year.

Generally, FSE current shift schedule is as follows:

First shift is 8:00 am – 4:00 pm.

Second shift is 4:00 pm – 12:00 am. Employees working this shift will receive a 4% shift differential pay above their normal rate of pay.

Third shift is 12:00 am – 8:00 am. Employees working this shift will receive a 6% shift differential pay above their normal rate of pay.

*Shift differential will be paid only if majority of the shift falls in the shift differential window.

18.2 Shift Scheduling. Shifts for all regular employees shall be established as follows:

a) Shifts will be established and/or modified by the Employer to best accomplish the task and frequency requirements. Every reasonable effort will be made to rotate shift assignments and to distribute based upon qualifications those assignments equally among employees.

b) Employees transferred from one shift to another shall receive at least twenty-four (24) hours' notice except during emergency situations as defined by the Company and/or Client.

c) There shall be two (2) fifteen (15) minute paid rest periods during each employee's scheduled shift as determined by the Company. Employees should realize the importance of promptness in returning from breaks Employees who abuse break privileges may be subject to disciplinary actions.

1. Rest periods shall not be taken at a time that will interfere with regular duties or place an undue burden upon other employees.

2. It is the responsibility of each employee to assist in the maintenance of the break areas.

These areas have been provided for the employees benefit and they should help to keep them neat and clean.

d) Normally, employees, except boiler tenders, shall not be required to work more than five (5) consecutive hours without a lunch period. Meal periods shall be one half (1/2) hour and shall be without pay. Meal periods may be delayed during emergency situations as defined by the Company.

e) The Company shall allot fifteen (15) minutes of time for cleanup, storage of work tools and equipment, and the completion of required contract and/or Company paperwork at the end of the shift.

ARTICLE 19 - VACATION

19.1 All employees shall receive paid vacation as follows:

a) Eighty (80) hours vacation after one (1) year of service;

b) One hundred twenty (120) hours vacation after five (5) years of service;

c) One hundred and sixty (160) hours vacation after ten (10) years of service;

d) Two hundred (200) hours vacation after fifteen (15) years of service.

19.2 Employees are encouraged to schedule their vacation as early in the year as possible, subject to the

Employer’s approval. No vacation will be denied without an explanation by Management as to why it was not approved. At the Project Manager’s discretion, selection of vacation time is on a first come first serve basis.

19.3 Employees will not be allowed to carry over more than 60 hours of vacation from year to year.

ARTICLE 20 - WAGES

20.1 The classification and regular straight time hourly rates of pay for all employees under this

Agreement are listed in Schedule A.

20.2 Lead persons shall be working members of a group responsible for leading, directing, instruction, on-the-job training, checking and approving the work of their group. Employees working in a lead position will be paid in accordance with Schedule A at $2 additional per hour.

20.3 The Employer shall reimburse any employee who is required to have a Federal, State or Local government certification or license as a job requirement within their job classification the cost of the certification or license,

20.4 The fringe rate will be paid for hours paid up to and including the fortieth (40) hour in a work week.

20.5 Call Back Pay. If an employee is called in after hours, they will receive four (4) hours pay or pay for all hours worked, whichever is greater. If an employee is called in prior to the start of their regularly scheduled shift, overtime shall end when the employee's scheduled shift starts.

20.6 Overtime. The Company complies with all applicable federal and state laws with regard to payment of overtime work. Non-exempt employees are paid overtime at the rate of one and one-half times the regular rate of pay for all hours worked over forty (40) in a workweek. Paid leaves, such as holiday, sick, bereavement or vacation, are not counted towards hours worked for the purpose of calculating overtime.

20.7 Holiday Pay. The Company agrees to continue holiday pay as required by the Service Contract

Act.

20.8 In the event that Service Contract Act pay rates exceed the Collective Bargain Agreement pay rates, the Service Contract Act pay rates will prevail.

ARTICLE 21 - FRINGE BENEFITS

21.1 Fringe benefits will be paid in accordance with Schedule A.

21.2 Medical —Dental Insurance. The Company has the right to make reasonable discretionary changes to the Health Insurance Plan and communicate them in advance to the Union. The details of the plan are provided in the Summary Plan Description document.

21.3 Paid Sick Leave as Directed by Executive Order 13706. Executive Order 13706 requires federal contractors to provide employees working on or in connection with federal contracts one (1) hour of paid sick leave for every 30 hours that employee works, up to a maximum of 56 hours each year. Paid sick leave will run concurrently with unpaid FMLA leave. The Company will follow the procedures and requirements as described in Executive Order 13706.

21.4 IUOE Stationary Engineer Training Program. $0.20 per hour will be contributed to the training fund of Local 926 by the employer on behalf of all employees covered under Schedule A for all hours paid.

ARTICLE 22 - IMMUNIZATION AND TESTING REQUIREMENTS

Employees are subject to immunization and testing requirements pursuant to Client and current Company requirements.

Pursuant to OSHA, 1910.1030 App A, an employee may opt out of Hepatitis B testing by a compliant written waiver.

ARTICLE 23 - HEALTH AND SAFETY

The Union shall support all employee safety and accident prevention programs 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 an 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 and the Company shall continue to maintain the Safety Committee.

The Company shall provide all PPE required by applicable government regulations.

ARTICLE 24 - DRUG FREE WORK PLACE

The Company will follow its’ Drug and Alcohol Testing Program Policy and Procedures for non-DOT/CDL employees and DOT/CDL employees. In the event that the Company modifies either policy, the Company shall provide a copy of the modified policy to the Union’s Business Manager by certified mail, email or fax, at that time the parties shall discuss the modification. If the Union believes in good faith that the modification is unreasonable, it shall have twelve (12) calendar days after receiving notice of such modification to submit a grievance. If grievance is not timely filed, it shall be deemed reasonable.

ARTICLE 25- NO STRIKE / NO LOCK OUT

It is agreed to by both parties, there shall be no interruptions in, or impediments to the employer’s operations, no shall there be stoppages, strikes, or lockouts during the life of this agreement arising out of disputes or grievances. All disputes and grievances shall be peacefully resolved through the grievance procedures set forth in this contract.

ARTICLE 26 - SAVINGS CLAUSE

If any Article or Section of this Agreement or any amendment thereto shall be held invalid or in conflict with Federal or State Law, the balance of this Agreement or amendments thereto shall be not affected thereby and shall continue in full force and effect.

Should any Article or Section be held invalid or in conflict with any Federal or State Law, the parties affected shall immediately enter into negotiations for the purpose of arriving at a mutually satisfactory agreement regarding such Article or Section.

If the parties are unable to agree as to whether or not any provision hereof is in contravention of any such laws or regulations, the provisions hereof involved shall remain in effect until the disputed matter is settled by the court or other authority having jurisdiction in the matter.

ARTICLE 27 - RENEWAL PROVISION

27.1 This Agreement shall continue in full force and effect from January 21, 2022 until January 20, 2027, subject to the provisions of the Memorandum of Understanding attached hereto, and shall automatically continue for additional periods of one year unless at least sixty (60) days prior to any expiration date but not more than 90 days prior to any expiration date, either party notifies the other of its desire to amend the Agreement.

The notice shall set forth the nature of the amendments desired, together with an offer to meet and confer with the other party for negotiation on the proposed amendment or amendments. The party opening the contract shall notify the Federal Mediation and Conciliation Service that it has been opened.

27.2 The notices shall be in writing and shall be sufficient if sent by mail addressed to IUOE Local No.

926, P.O. Box 170, Rex, Georgia 30273, and if to the Company, addressed to Christel Skorup, Vice

President, Human Resources, Four Seasons Environmental, Inc., 43 New Garver Rd. Monroe, Ohio 45050, or to such other address as the Company shall furnish the Union in writing.

21 January

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