ATTACHMENT 2 - Collective Bargaining Agreement (CBA).pdf

AGREEMENT BETWEEN

LAMAIN CRESCENT JOINT VENTURE, LLC.

AT PETERSON AFB, CO

AND

LOCAL UNION NO. 780

MOTION PICTURE AND VIDEO TAPE

LABORATORY TECHNICIANS, ALLIED CRAFTS

AND GOVERNMENT EMPLOYEES

August 1, 2019

TO

July 31, 2023 i Peterson AFB 2019 to 2023 Final

TABLE OF CONTENTS

PAGE #

ARTICLE 1. RECOGNITION 1

ARTICLE 2. SCOPE 1

ARTICLE 3. INDIVIDUAL AGREEMENTS 1

ARTICLE 4. SUCCESSORS, ASSIGNEES, LEASEES 2

ARTICLE 5. MINIMUM CLAUSE 2

ARTICLE 6. BARGAINING UNIT WORK JURISDICTION 2

ARTICLE 7. SENIORITY 3

ARTICLE 8. POLYGRAPH TESTS 4

ARTICLE 9. BULLETIN BOARD 4

ARTICLE 10. NOTIFICATION 5

ARTICLE 11. JOB BIDDING AND POSTING 5

ARTICLE 12. NO DISCRIMINATION 6

ARTICLE 13. UNION SECURITY 7

ARTICLE 14. CHECKOFF 7

ARTICLE 15. MEETINGS 8

ARTICLE 16. PAY DAYS 8

ARTICLE 17. TIME RECORDS 8

ARTICLE 18. FREE WORK PROHIBITION 9

ARTICLE 19. WORK SCHEDULE 9

ARTICLE 20. WORKING HOURS AND OVERTIME 9

ARTICLE 21. SPLIT SHIFTS 9

ARTICLE 22. REPLACEMENT AND ADDITIONAL HOURS CALL-IN 9

ARTICLE 23. AVAILABLE AND ADDITIONAL HOURS 10

ARTICLE 24. LUNCH PERIOD 10

ARTICLE 25. REST PERIOD 10

ARTICLE 26. HOLIDAYS 11

ARTICLE 27. VACATIONS 12

ARTICLE 28. HEALTH INSURANCE 13

ARTICLE 29. NATIONAL HEALTH LEGISLATION 14

ARTICLE 30. INJURED ON THE JOB 14

ARTICLE 31. SICK LEAVE 15

ARTICLE 32. LEAVES OF ABSENCE 17

ARTICLE 33. PROMOTION 18

ARTICLE 34. STORE VISITS 19

ARTICLE 35. SAVINGS CLAUSE 19

ARTICLE 36. PICKET LINE CLAUSE 19

ARTICLE 37. SHOP STEWARDS 20

ARTICLE 38. DISCHARGES AND SEVERANCE NOTICE 20

ARTICLE 39. WARNING NOTICES 21

ARTICLE 40. GRIEVANCE 22

ARTICLE 41. ARBITRATION 23

ARTICLE 42. PENSION PROGRAM 24

ARTICLE 43. NEW UNITS 25

ARTICLE 44. SALARY RATES FOR NEW OR REVISED 25

ARTICLE 45 TERM OF AGREEMENT 26

IN WITNESS WHEREOF 26

SCHEDULE “A” 27

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COLLECTIVE BARGAINING AGREEMENT

LOCAL 780, MOTION PICTURE AND VIDEO TAPE LABORATORY TECHNICIANS,

ALLIED CRAFTS AND GOVERNMENT EMPLOYEES, hereinafter referred to as “the Union”, and LAMAIN CRESCENT JOINT VENTURE, LLC. at Peterson AFB, CO hereafter referred to as “the Employer”, have agreed as follows:

ARTICLE 1. RECOGNITION

1.1 The Employer recognizes LOCAL 780, MOTION PICTURE AND VIDEO TAPE

LABORATORY TECHNICIANS, ALLIED CRAFTS AND GOVERNMENT

EMPLOYEES as the sole Collective Bargaining Representative for all Employees within the scope of this Agreement.

ARTICLE 2. SCOPE

2.1 The scope of bargaining unit shall be all Employees of all present and future commissary stores and warehouses located at Peterson AFB, CO including all Employees in said stores or warehouses who are actively engaged in the handling of merchandise, products, or services or the performance of other services for the Employer incidental hereto including janitorial, excluding confidential, and supervisory Employees as defined in the National Labor Relations Act as amended.

2.2 During the term of this Agreement and any extensions hereof, neither party shall be obligated to bargain collectively with respect to any matter unless specifically required to do so by the express terms of this Agreement.

2.3 The Employer retains all rights not surrendered herein to manage, control, operate or regulate its business and its work force including, but not limited to, the right to schedule work and time off as it sees fit.

ARTICLE 3. INDIVIDUAL AGREEMENTS

3.1 The Employer agrees that no Employee shall be compelled or allowed to enter into any Agreement individually or collectively, verbally or in writing, which in any way conflicts with the terms and provisions of this Agreement.

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ARTICLE 4. SUCCESSORS, ASSIGNEES, LEASEES

4.1 This Agreement and any supplements or amendments thereto “Agreement” shall be binding upon the parties hereto, their successors, administrators, executors and assignees. In the event the Employer’s business is, in whole or in part, sold, leased, transferred or taken over by sale, lease, assignment, transfer, receivership or bankruptcy proceeding, such business and operation shall continue to be subject to the terms and conditions of this Agreement for the life hereof.

4.2 It is understood by this provision that neither of the parties shall use any leasing or other transfer device to a third party to evade this Agreement. The Employer shall give notice of the existence of this Agreement and this provision to any purchaser, transferee, lessee, assignee, etc., of the business and operation covered by this Agreement or any part thereof. Such notice shall be in writing with a copy to the Union at the time the seller, transferor, or lessor, executes a contract of transaction as herein described. The Union shall be advised of the exact nature of the transaction, not including financial details.

ARTICLE 5. MINIMUM CLAUSE

5.1 The wages, hours and working conditions established in this Agreement will be the minimum allowed. The Employer may place superior wages, hours or working conditions into effect upon notification to the Union.

ARTICLE 6. BARGAINING UNIT WORK JURISDICTION

6.1 Only members of the bargaining unit and the Project Manager shall handle or stock merchandise, or perform janitorial services in the service contract area.

6.2 In the event of violation of this Article, the most senior Employee working in that classification at the time of the violation shall receive four (4) hours straight time pay or straight time pay in the amount of actual time spent in such violation, whichever is greater. If more than one (1) person is involved in the violation, the two (2) senior Employee(s) shall receive the violation pay and so on.

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ARTICLE 7. SENIORITY

7.1 The Employer agrees to recognize the seniority of each individual employed under the terms of this Agreement. Seniority shall be at this Commissary with the Employer within the County of El Paso, and shall date from the individual’s most recent date of employment with the Employer, except as provided below.

7.2 Employees hired on or after the effective date of this Agreement shall not attain seniority until ninety (90) days after employment. After the ninetieth (90) day, seniority will revert to the Employee’s date of hire. For those individuals who worked in the bargaining unit prior to that date, seniority shall be defined as the individual’s continuous length of service with the U.S. Government service contract vendors providing service in the area of commissary stocking or janitorial work.

Seniority ranking for Employees commencing employment on the same date shall be determined by the day and month of birth. The Employee whose month and date of birth is closest to January 1, within the calendar year, shall have the greatest seniority. If an Employee is returned to work after an approved leave of absence or in accordance with Leaves of Absence, Article 32, layoff of less than six (6) months, the seniority of such Employee shall not be broken by such illness or layoff.

7.3 Seniority, merit and ability being equal, shall prevail per job classification in case of layoff, increasing of hours and decreasing of hours, increasing or reduction of the workforce, holidays, vacation and including overtime hours available. In case of recall, the oldest Employee in point of service who is laid-off, shall be the first reinstated, merit and ability being equal. All layoff time shall be credited as accumulated service to the Employee affected.

7.4 Involuntary and voluntary transfers: The Employer will first seek volunteers to meet the short term (less than ten (10) working days) needs of the business with the following limitations and under the following conditions:

A. No Employee shall be involuntarily transferred outside of his job classification.

B. In the event a transfer is required outside of the job classification to be filled, the Employer will first seek volunteers. In the event, no volunteers accept the transfer; the Employer may secure a new Employee to fill the job.

7.5 Recall after layoff shall be achieved by written notice directed by, certified or registered mail to the Employee’s last known address as furnished by him to the Employer. Employees must report to work within seventy-two (72) hours (or such longer period as may be specified by Employer) after receipt of such notice or lose their seniority.

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7.6 The Employer agrees to post seniority lists by job classification each quarter of the year. Unless challenged in writing within thirty (30) days to the Employer’s office seniority list will be considered a correct seniority list of the Employees affected.

Within a reasonable time of the posting, the Employer shall supply a copy of the list to the Union’s Business Manager, the date which the Business Manager receives the list is the date when the thirty (30) day period shall commence.

7.7 Claims respecting seniority shall be processed under the grievance and arbitration hereof and settlement awards may include reinstatement with back pay.

7.8 Loss of Seniority: No Employee shall suffer loss of seniority unless he:

A. Is discharged for just cause;

B. Resigns or voluntarily quits;

C. Is absent from work for six (6) consecutive months due to layoff;

D. Fails to return to work upon completion of a leave of absence as defined in Article 32.

E. Fails to report for work when recalled as provided in Article 7.6 of this Agreement.

7.9 Employees desiring available or additional hours, shall notify the Project Manager in writing. The Employer shall utilize such requests to give additional hours by seniority when possible.

ARTICLE 8. POLYGRAPH TESTS

8.1 The Employer agrees that it will not require any Employee or prospective Employee to take a polygraph (lie detector), voice stress or any other similar test as a condition of employment or continued employment, unless required by the Federal Government.

ARTICLE 9. BULLETIN BOARD

9.1 The Employer will post a bulletin board for the Union’s posting of Union business notices. Such notices will be limited to notices of official Union business. The Bulletin Board will be located in an area accessible to all Employees and its postings are not to be obscured.

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ARTICLE 10. NOTIFICATION

10.1 The Employer will notify the Union in writing, by email or fax, within five (5) calendar days when Employees are hired or terminated. The Employer shall provide the Employee’s full name, social security number, job classification, rate of pay, address, telephone number, cell number and email address in both instances.

ARTICLE 11. JOB BIDDING AND POSTING

11.1 Vacancies and New Position Openings: The existence of any permanent vacancy or new position within the bargaining unit shall be posted on the Employer’s Bulletin Board. The posting will contain information as to job classification, requirements, qualification, job descriptions, department in which job is located, shift, pay rate and posting termination date. A copy of the posting shall also be submitted to the Union. The notice shall be posted for ten (10) working days exclusive of the day of posting.

11.2 Applications:

A. Applications shall be submitted in writing by Employees within the bargaining unit and must be received by the Employer no later than the close of the day the posting terminates. The Employer will immediately issue a receipt for said applications with copies to the Union at the end of the posting period.

B. The Employer will fill vacancies based on seniority, merit and ability being equal, and qualifications by the following priority: First, Employees from the department or classification in which the vacancy exists, second the Employees from other classifications performing or having performed similar job functions, third from other Employees from the bargaining unit, and fourth other applicants.

C. Filling of Vacancy - Time Limit: All posted vacancies shall be filled (if possible) within five (5) days after the posting period ends. . The Union will be notified of the person selected to fill the job vacancy.

D. Temporary Filling of Vacancy: The Employer may temporarily fill a vacancy between the time the vacancy occurs and the time the appointment is made. In no event shall the temporary filling of a vacancy be for more than ten (10) days, unless agreed to by the parties.

E. Failure to Qualify for Job: An Employee who fails to have the ability to handle a job obtained through job posting or who desires to return to his previous position during a thirty (30) calendar day period after beginning the new job, shall return to his former job classification and rate of pay and department seniority. It is understood that Employees will be trained during the above time period.

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ARTICLE 12. NO DISCRIMINATION

12.1 No Discrimination

A. In accordance with the policies of the Company and the Union, the Company will recruit, hire, train, and promote persons in all job groups without regard to race, color, religion, age, gender, sexual orientation, national origin, or physical, mental disability or handicap in accordance with the current Federal EEOC requirement;

or disability unrelated to performance of essential function of the job.

B. Americans With Disability Act: When the Employer determines that the seniority or other provisions of this Agreement conflict with the “Reasonable Accommodation” or other provisions of The Americans with Disabilities Act (ADA) with respect to a specific individual, the Employer and Union agree to meet in good faith effort to reasonably accommodate the disabled Employee.

C. There shall be no discrimination against any Employee or applicant because of Union activity or membership.

12.2 When the gender term “he” or “she” is used within this Agreement, it is for explanatory purposes only and does not refer to the actual sex of any person.

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ARTICLE 13. UNION SECURITY

13.1 All Employees, upon hire, shall be informed that the Union is the sole and exclusive collective bargaining representative for the Employees in the bargaining unit and, accordingly, they will be represented by the Union. They will be referred to the appropriate Union representative for information as to membership, check-off of Union dues and will be given a copy of the Collective Bargaining Agreement.

13.2 It shall be a condition of employment that all Employees covered by this Agreement who are members of the Union in good standing on the effective or execution date of this Agreement, whichever is later, remain members in good standing and those who are not members on the effective or execution date of this Agreement, whichever is later, shall by the thirty-first (31st) day following the effective or execution date of this Agreement, whichever is later, become and remain members in good standing in the Union. It shall also be a condition of employment that all Employees covered by this Agreement and hired on or after its effective or execution date, whichever is later, shall by the thirty-first (31st) day following the beginning of each employment, become and remain members in good standing in the Union. Alternatively, within the same periods set forth above, agency shop status is available which will require the payment of an amount of money equal to that paid as regular and usual dues to the Union (including an amount equal to the Union’s general and uniform assessments which are part of dues as is permitted by law). These provisions shall not apply in any location where they are prohibited by law, until such time as the prohibition is repealed. Membership status shall not effect the continuing obligation per signed check off authorizations.

ARTICLE 14. CHECKOFF

14.1 Upon receipt of an Employee's written authorization, the Employer shall deduct from the gross wages paid to each Employee, the Union’s standard and working dues assessment or its equivalent on each payday. Such monies shall be transmitted to the Union’s office, along with the name of each Employee and the number of hours worked per week and the gross amount of wages paid to that Employee for the pay period for which the deduction is being made.

Such a check-off shall be based on all W-2 income and shall be irrevocable for not more than one year, or beyond the termination date of this Agreement, whichever occurs sooner providing that written notice be received by both the Union and the Employer by registered mail received during the ten day period prior to the end of any such applicable yearly period or during the ten day period prior to the termination date of any applicable collective bargaining agreement, whichever occurs sooner. The Union agrees to hold the Employer free from all liability in connection with dues collections except for ordinary diligence and care in transmittal of the monies to the Union.

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14.2 Employees who fail to pay an amount of money equal to that paid as regular and usual dues to the Union (including an amount equal to the Union’s general and uniform assessments which are part of dues), and/or any member who fails to maintain his membership in good standing, shall forfeit the right of continued employment. Accordingly, the Employer shall discharge such Employee within seven (7) days of being notified in writing by the Union as to the failure of said Employee to make such payments. The requirements of maintaining membership shall be consistent with State and Federal Law.

ARTICLE 15. MEETINGS

15.1 Time spent by Employees in the attendance of Employer or store meetings or training shall be compensated at straight or overtime rates of pay as provided in this Agreement, whichever of such rates shall be applicable.

15.2 Non-mandatory meetings or training shall not be compensable.

ARTICLE 16. PAY DAYS

16.1 Shall be semi-monthly, current practice is 10th and the 25th day of month.

16.2 Employees shall receive their checks on the next business day should a pay day fall on Sunday or Holiday.

ARTICLE 17. TIME RECORDS

17.1 The Employer agrees to keep records of time worked by all Employees in such a manner as is prescribed by the applicable provisions of the Fair Labor Standards Act.

17.2 The Employer shall utilize a time clock for employees to punch in and punch out of work for the purpose of keeping accurate records of the hours worked by each Employee. Any alterations will be made in different colored ink and initialed by the Manager and the affected Employee.

17.3 Upon request, the Employer shall permit the Union to examine the payroll records of the Employees in the bargaining unit at reasonable times during the regular scheduled working hours.

17.4 Under no circumstances is an Employee permitted to clock in or out for another Employee. Any Employee found by management, the Employees, or the Union to be engaging in such unauthorized practice shall be subject to discipline, which may include termination. If Employees clock in or out incorrectly, the Employee must consult the Manager for correction.

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ARTICLE 18. FREE WORK PROHIBITION

18.1 There shall be no “Free” or “Time-off-the-clock” work practices under this Agreement.

ARTICLE 19. WORK SCHEDULE

19.1 Work Schedule: The Employer shall post in ink or other permanent means, in each store, the current work schedule for all Employees. The schedule shall be posted by no later than Thursday, 9:00 P.M. of the week preceding the scheduled workweek. All starting time and days off for the week shall be posted on the schedule. Work schedules shall be maintained in the store for a three (3) month period of time, and shall be made available to an authorized representative of the Union for examination upon request. Schedules must be posted on the Employer’s bulletin board. The work schedule shall not be changed except in case of illness, accidents, acts of God, and the mutual consent of the parties. Any mutual changes shall be initialed on the schedule by the Manager and the affected Employee.

Employees will not be scheduled for more than five (5) consecutive days of work, unless requested in writing by the Employee and agreed to by Employer and the Union .

19.2 Seniority, merit and ability being equal, the most senior Employee will be scheduled for the most available hours during a workweek within his/her job description.

ARTICLE 20. WORKING HOURS AND OVERTIME

20.1 Work Day: A day’s work shall be constituted by the hours posted on the work schedule.

20.2 Employees will be paid time and one-half (1 1/2) their average rate of pay for work in excess of forty (40) hours per week (Sunday through Saturday).

ARTICLE 21. SPLIT SHIFTS

21.1 There shall be no split shifts.

ARTICLE 22. REPLACEMENT AND ADDITIONAL HOURS CALL-IN

22.1 Call-in hours are defined as replacement hours occasioned by the absence of an Employee. The Employer will make a reasonable effort to call in Employees in accordance with seniority in filling these hours.

22.2 Call-In Procedures:

A. The Employer will provide its current telephone numbers to the Employees.

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ARTICLE 23. AVAILABLE AND ADDITIONAL HOURS

Available hours shall be defined as work hours posted on the weekly work schedule, plus additional work hours added after the work schedule is posted.

ARTICLE 24. LUNCH PERIOD

24.1 Employees working six (6) hours or more, but less than eight (8) hours per day shall be scheduled for a one-half (1/2) hour. In case of an eight (8) hour shift, the lunch break shall be scheduled no earlier than three (3) hours, after the beginning of the shift and not later than five (5) hours after the start of the shift.

ARTICLE 25. REST PERIOD

25.1 Employees working more than seven hours in a work day shall be given two (2) ten (10) minute rest periods during the work day, one in the first part of the day and the other in the second part of the day. Employees working less than seven

(7) hours in a work-day shall be given one (1) ten (10) minute rest period during such work day. No rest period shall be scheduled until the Employee has worked at least two (2) hours. If an Employee is scheduled to work two (2) hours or more overtime beyond the end of his regular straight time shift, he shall be given an additional ten (10) minute rest period at the end of his regular straight time shift.

25.2 Employees shall not take their rest period in conjunction with their lunch.

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ARTICLE 26. HOLIDAYS

26.1 The Employer agrees to observe the following holidays. The below holidays shall be paid holidays.

New Years Day Martin Luther King Day President’s Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

26.2 All Employees, who have worked a minimum of thirty (30) days for the Employer, shall receive holiday pay pro-rata. Holiday pay shall be determined by the number of hours that an Employee receives during the work-week prior to the recognized holiday. Holiday pay shall be calculated as follows: hours worked prior to the week of the holiday divided by forty (40) times eight (8) equals holiday hours. Providing they work their regularly scheduled work-day preceding and following the holiday, authorized absence shall not deprive an Employee of holiday credits established herein.

26.3 It is understood and agreed that holidays not worked shall not be considered as days worked for the purpose of computing weekly overtime.

26.4 If any of such holidays occur within an Employee’s vacation period, the Employee shall be given, at the Employee’s option, an extra day off with pay or an extra day’s pay.

26.5 Time worked on any of the holidays described above shall be compensated at the Employee’s basic or straight time hourly rate and such pay shall be in addition to any holiday pay to which the Employee may be entitled.

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ARTICLE 27. VACATIONS

27.1 All Employees are entitled to receive a paid vacation with the pay being based on the number of hours the Employee worked in the year preceding the Employee’s anniversary date of hire divided by 2,080 hours. Illustratively, an Employee who worked 520 hours during the twelve months preceding the Employee’s anniversary date would receive 520/2,080 x 40 = 10 hours of a one week paid vacation x the Employee’s average wage per hour during the same twelve month preceding period. The number of weeks of vacation shall be determined by the schedule set forth below.

27.2 After one (1) year of continuous government service contract employment at the Peterson AFB Commissary, CO two (2) weeks of paid vacation, following the Employee’s first anniversary date of employment.

27.3 After five (5) years of continuous government service contract employment at the Peterson AFB Commissary, CO, three (3) weeks of paid vacation annually following the Employee’s fifth anniversary date of t employment.

27.4 After fifteen (15) years of continuous government service contract employment at the Peterson AFB Commissary, CO, four (4) weeks of paid vacation annually following the Employee’s fifteenth anniversary date of employment.

27.5 Vacation earned shall be calculated by dividing the total hours worked during an Employee’s anniversary year by 2080 hours and multiplying the result by the number of vacation hours a full time Employee would receive for years worked.

27.6 Employees who have earned a vacation shall receive their vacation pay in advance, if requested in writing at least four (4) weeks prior to their scheduled vacation.

27.7 Vacation shall be taken at any time during the year in which an Employee is entitled to a vacation. Vacation week(s) shall be selected by April 1 of each calendar year by the Employees in accordance with seniority. Vacation week(s) not selected by April 1 shall then become on a first come first serve basis. Vacations shall not be selected more than one (1) year in advance.

27.8 All vacations must be taken within an Employee’s anniversary year and may not be accumulated from one anniversary year to the next. Employees must take their vacations--not money in lieu of their vacations.

27.9 Any unused vacation time shall be lost.

Use of the term “Week”; is to be understood as “7 days”, Sunday through Saturday.

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ARTICLE 28. HEALTH INSURANCE

28.1 This Article only shall be open for negotiations if and when it is necessary for compliance with the then current National Healthcare legislation.

28.2 The Employer agrees to participate in the Local 780 Health and Welfare Fund (“Welfare Fund”). The parties agree to be bound by all of the terms and provisions of the Local 780 Health and Welfare Fund Agreement and Declaration of Trust and any future amendments (“Trust Agreement”). The Employer agrees to accept the current and their successor Employer Trustees. Said parties further agree to be bound by all acts that the Trustees perform pursuant to said Trust Agreement.

28.3 An Employee’s eligibility for benefits from the Welfare Fund will begin on the first (1st) day of the month following the Employer’s payment of two consecutive months of contributions on the Employee’s behalf. Illustratively, if the Employee earns W-2 income in the month of January and has January contributions paid on his/her behalf in March, earns W-2 income in the month of February and has February contributions paid on his/her behalf in April, coverage will begin on May 1st, providing the Employee submits the required Enrollment Form.

28.4 Upon the Employer’s receipt of an Employee’s executed Payroll Deduction Form for coverage of eligible dependents (as defined by the Welfare Fund) coverage and until written revocation of such Payroll Deduction Form is provided to the Employer, from each of the Employee’s subsequent paychecks as defined below, the Employer shall deduct one hundred fifty dollars ($150) (or any lesser net for eligible dependant(s)’ coverage. amount of the Employee’s paycheck after the payment of all deductions. In the event that the net paycheck is less than $150 the net amount of the pay check shall be paid to the Local 780 Welfare Fund. This deduction shall be implemented beginning with the first paycheck which is based on hours worked after the effective date of the Payroll Deduction Form. The Employer shall promptly send to the Union copies of the executed Payroll Deduction Forms and any written revocation of such Payroll Deduction Forms. All such deducted monies shall be transmitted to the Local 780 Welfare Fund in a single check pursuant to Article 28, Section 5. It is understood that if the deducted monies are insufficient to pay the monthly $300 cost for eligible children, the Employee will have to make a self-payment as set forth in the Payroll Deduction Form in order to maintain/obtain insurance for the dependant(s).

28.5 Contributions to the Welfare Fund shall be due and payable on or before the fifth (5th) day of the second month following the month in which the contributions were earned and shall become delinquent after the twentieth (20th) day of said month.

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28.6 In the event the Employer becomes delinquent in payment of contributions owed to the Welfare Fund for two (2) or more consecutive months, and the Union has so notified the Employer by certified or registered mail, or by personal service, and the Employer does not make the required payments due and owing within five (5) working days thereafter, the Union may then take whatever economic action it may deem necessary, nothing in this Agreement shall prohibit such action. In the event the Union undertakes such economic action against the Employer, those Employees engaged in that action and who report to the Commissary or to the Commissary entry gate if access to the Commissary is not available, shall suffer no loss of pay. Such employees shall continue to be paid their regularly scheduled hours, up to forth (40) per week, until such time as the Employer has paid in full the monies due and owing to the Welfare Fund.

28.7 It is agreed that the Local 780 Welfare Fund shall comply with all applicable Federal and State laws.

ARTICLE 29 NATIONAL HEALTH LEGISLATION

29.1 In the event of the passage of federal legislation during the term of this Agreement implementing a national health insurance program, if such national health program does not provide the same level of benefits that is currently enjoyed by the Employee, the Employer shall continue to pay the contributions to the Local 780 Welfare Fund, and the Union and the Employer shall reopen negotiations to negotiate this Article only.

ARTICLE 30. INJURED ON JOB

30.1 An Employee who is injured on the job and is required to leave his work to receive medical attention or hospitalization shall receive full pay for that day, based on the daily average hours from the previous pay period.

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ARTICLE 31. SICK LEAVE

31.1 Effective with the commencement of this Agreement, an Employee who has been continuously employed pursuant to this Agreement and/or any predecessor agreement without interruption for six (6) months or more shall be paid for absence due to personal illness at the Employee’s basic rate of pay. New hire Employees will accrue sick leave credits during the six (6) month period; however, they may not use these credits until they have completed their six (6) months.

31.2 Employees will accrue 1 hour of paid sick leave for every 30 compensable hours, up to 56 hours (7 days) in a year or at any point in time.

31.3 Sick leave pay to the extent it has been earned shall begin on the first (1st) day of illness or accident, and shall continue for each regular scheduled work day which said Employee misses because of said illness or disability, as defined in Section

31.4 below, until the Employee’s accumulated sick leave benefits have been exhausted.

31.4 An Employee may use paid sick leave for an absence resulting from: (1) physical or mental illness, injury, or medical condition of the Employee (2) obtaining diagnosis, care or preventative care from a health care provider by the Employee,

(3) caring for the Employee’s child, parent, spouse, domestic partner, or any other individual related by blood or affinity whose close association with the Employee is the equivalent of a family relationship who has any of the conditions or need for diagnosis, care or preventative care described above, (4) domestic violence, sexual assault or stalking, or to seek counseling, relocation, victim services, or to take related legal action or to assist an individual related to the Employee for any of the above stated reasons.

31.6 Sick leave pay, to the extent it has been earned, will be integrated with payments under any Federal or State Workers’ Compensation program or other disability program to which the Employer contributes so as not to permit the Employee to receive more than the equivalent of the forty (40) hours of pay for any week in which the Employee is off work.

31.7 The Employer can request that Employees using paid sick leave provide certification from a health care provider (or documentation from another source, if the leave is for purposes related to domestic violence, sexual assault or stalking) of the Employees’ need for leave if they use three or more days of leave consecutively.

31.8 Any Employee found to have abused sick leave benefits by falsification or misrepresentation shall thereupon be subject to disciplinary action, which may include termination.

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31.9 Employees’ requests for sick leave must be made in writing and must be made at least 7 calendar days in advance where the need for leave is foreseeable, and in other cases as soon as practicable. The Employer must communicate any denial of a request to use paid sick leave in writing, with the explanation for the denial – which cannot be based on whether the Employee has found a replacement work or on the Employer’s operational needs.

31.10 Employees may use paid sick leave in one hour increments unless it is physically impossible for the Employee to leave and return to the job during a shift.

31.11 When an Employee uses paid sick leave, he/she is entitled to the same regular pay and benefits he would receive if he had not used the leave with the exception that more paid sick leave time will not accrue while an Employee is on paid sick leave.

31.12 Annual Pay Out: By no later than December 15th of each year, each Employee will receive cash in the amount of pay for all unused sick leave unpaid over and above the minimum escrow amount of one days’ average earnings for the year. In order to be eligible for the Annual Pay Out, the Employee must be employed through at least November 30th of that particular year.

31.13 There shall be no pay out of accrued, unused sick leave pay when the Employee leaves. the Employer’s employment, except as specified in Section 31.12, above.

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ARTICLE 32. LEAVES OF ABSENCE

Employees shall be entitled to a leave of absence for the following reasons:

32.1 Illness or injury, including pregnancy, of the Employee. Such absence shall be for a period of up to thirty (30) days. Leaves of absence can be resubmitted every thirty (30) days up to six (6) months.

32.2 An Employee upon becoming pregnant shall be granted a leave of absence. Such leave will commence as of the date the doctor decided the Employee should no longer work and will expire as soon after the termination of pregnancy as the Employee’s doctor shall decide that the Employee may safely return to work. In no event shall the total leave exceed one (1) year.

32.3 Military service by the Employee.

32.4 Employees who are elected or appointed to a full-time position with the Union, upon proper notice shall be granted a leave of absence without pay and without loss of seniority earned in the bargaining unit. Upon thirty (30) days’ notice of their desire to return to work for the Employer, such persons shall be placed in their jobs previously held, or one of equal pay, provided they are capable of performing the work. It is understood that there shall be no accrual of seniority during the aforementioned leave of absence.

32.5 Employees who accept a position with management shall be placed on leave of absence. In the event such Employees are returned to work in the bargaining unit they shall retain the seniority formerly earned in the unit, but shall not accrue seniority during the absence.

32.6 Personal leave, not to exceed three (3) months. The Employer agrees to provide family leaves of absence, as prescribed by the Family and Medical Leave Act, without regard to the Employer’s being subject to the Act.

32.7 Any other reason acceptable to the Employer, not to exceed six (6) months.

32.8 Upon return to work from a leave of absence, the Employee shall be restored to the job previously held, with the hours previously scheduled or to a job comparable with regard to work and rate of pay. Upon notice of the Employee’s availability for work prior to P.M. Wednesday of any week, the Employee shall be restored to work to begin no later than Monday following the giving of such notice. If the notice of availability for work is given after Wednesday, P.M. of any week, the Employer is required to schedule the Employee on the schedule prepared for the following week, and the Employee will begin work the Monday thereafter.

32.9 The Employee must be qualified to resume his/her regular duties upon return to work from an approved leave of absence. A doctor’s certificate verifying the Employee is able to resume his normal duties may be required by the Employer.

32.10 Any Employee proving to falsify need for a leave of absence will be subject to immediate termination.

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32.11 All leave of absence are to be requested in writing and shall state 1) the reason,

2) date leave is to begin, 3) expected date of return to work. Leave of absence shall be granted/denied in writing, with an explanation for a denial .

32.12 BEREAVEMENT LEAVE

A. The Employer agrees to provide time off to all Employees who have been continuously employed for at least six months for necessary absence on account of a death in the immediate family up to as required, but not to exceed three (3) scheduled work days at straight time pay pro-rata to be determined by number of hours which the Employee averages during the normal work week immediately preceding the leave to begin. If the Employee did not work during the previous week due to vacation, illness, etc., pay shall be based on the last prior full week the Employee worked. The Employer may require certified documentation in order to grant leave. Employee must request such leave in writing.

B. The term “Immediate Family” shall mean spouse, parents, child (including step and adopted children residing with the Employee), grandparents, grandchildren and siblings of the Employee and his spouse.

C. Extended Bereavement Leave: Extended bereavement leave taken as vacation or as leave without pay may be granted, if requested, after the bereavement leave pay ceases.

D. No Employee will receive more than three (3) bereavement leaves during the term of this Agreement.

ARTICLE 33. PROMOTION

33.1 Where an Employee who has moved to a management position is unable to perform those management duties , he shall have the right to return to his former or equivalent bargaining unit position without loss of seniority, and his right to such employment shall not be jeopardized.

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ARTICLE 34. STORE VISITS

34.1 Representatives of the Union shall have the right to contact Employees during the store hours as long as such contacts shall not interfere with the duties of the Employees, and as long as the management has been advised of their presence on the premises, before any Employees can be contacted. Subject to existing security regulations, the Business Manager or other authorized representative of the Union shall have access to the Company’s work areas during working hours for the purpose of investigating grievances, complaints or matters arising out of the application of the Agreement and for the purposes of attending grievance meetings.

ARTICLE 35. SAVINGS CLAUSE

The provisions of this Agreement are deemed to be severable to the extent that if and when a competent court of last resort adjudges any provision of this Agreement in its application between the Union and Employer to be in conflict with any law, such decision shall not affect the validity of the remaining provisions of this Agreement; but such remaining provisions shall continue in full force and effect provided further, that in the event any provision or provisions are so declared to be in conflict with a law, both parties shall meet within thirty (30) days for the purpose of re-negotiating an agreement replacing the provision or provisions so invalidated.

ARTICLE 36. PICKET LINE CLAUSE

Notwithstanding any other provision of this Agreement to the contrary, it shall not be a violation of this Agreement for any Employee covered by this Agreement to refuse to cross any picket line or to work behind any picket line. Any such refusal shall not constitute grounds or cause for discharge, layoff, demotion, suspension or any other disciplinary action by the Employer.

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ARTICLE 37. SHOP STEWARDS

The Union shall have the right to appoint Shop Steward(s), who shall be recognized by the Employer as having authority to report any irregularities in interpretation or application of this Agreement to the Union Business Manager or his designee and to assist the staff of the Union in the adjustment of grievances.

Said Shop Steward(s) shall not be discriminated against for performing duties assigned by the Union, it being understood that performance of such duties shall not materially interfere with performance of the Employee’s normal duties. The Employer will supply the Project Manager’s cell phone number to the Shop Stewards and the Union’s Business Manager.

During their terms of office all duly appointed Union Stewards will have top seniority for purposes of layoff as long as they are capable of performing the work then available. Alternate Stewards shall have no super seniority under this provision.

ARTICLE 38. DISCHARGES AND SEVERANCE NOTICE

38.1 The Employer agrees to give the effected Employee the reasons in writing for discharge on request. If such request is made, a copy of the reasons shall be provided to the Union’s Business Manager.

38.2 In the event of layoffs or discharges attending a reduction of force, each Employee to be so laid off or discharged shall be given notice within seventy-two (72) hours after notification from the DECA Contracting Office to the Employer. The Employee shall be given his vacation pay then due.

38.3 If any Employee gives two (2) weeks’ notice of a voluntary quit, he shall be allowed to work for that period provided he continues to perform satisfactorily.

Unsatisfactory performance shall be subject to the grievance procedure.

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ARTICLE 39. WARNING NOTICES

39.1 The Employer will not impose any form of discipline without just cause. If just cause exists, the following formula of progressive discipline shall be applied for each infraction, except on the job infractions of dishonesty; theft; drunkenness;

fighting; possession, use, or sale of illegal drugs; endangering the safety of other persons; working off the clock; gross insubordination, or directives by the Government:

Verbal warning (Employee, informal and may be reduced to writing at Manager’s discretion).

A. Written warning (Copy provided to Employee)

B. Written Interview (Copy provided to Employee, Union’s Business Manager, Retained for 12 months)

C. Suspension (Copy provided to Employee, Union’s Business Manager, Retained for 12 months)

D. Discharge. (Copy provided to Employee, Union’s Business Manager)

39.2 The warning notices as herein provided shall not remain in effect for a period of more than one (1) year, except that written warning notices for sexual harassment or other equal employment opportunity violations will be permanent.

39.3 Employee can have a representative of the Union present at Steps C. and D.

above of the disciplinary procedure.

39.4 The failure of the Union to protest any disciplinary action issued an Employee shall not be deemed as an admission on the part of the Union or the Employee as to the truth of the content of such warning or the propriety of its issuance.

39.5 Warnings must be issued within five (5) days of the alleged offense.

39.6 Employees who do not come in on their scheduled work day, and who have not informed their supervisor or project Manager prior to their clock-in time that they are going to be absent, will be considered to have abandoned their position, as a voluntary quit.

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ARTICLE 40. GRIEVANCE

40.1 For the purpose of this Agreement the term “Grievance” means any dispute between the Employer and the Union, or between the Employer and any Employee concerning the effect, interpretation, application, claim of breach or violation of this Agreement. Grievances involving improper discharges or other disciplinary suspension shall be filed within ten (10) calendar days after the incident occurs.

All other grievances must be filed within ten (10) calendar days of the event or occurrence upon which the grievance is based, or within ten (10) calendar days of when the Employee or a Union representative knew or should reasonably have known of such event or occurrence.

40.2 All grievances shall be presented to the Employer or the Union, as the case may be, within the time limit herein before set forth. Said grievance shall be settled in accordance with the following grievance procedure:

STEP A: The matter shall first be raised verbally by the aggrieved Employee or by a Representative of the Union with the Project Manager. The Project Manager shall give his verbal answer to the grievance, either settling or not settling the grievance, within two (2) working days of its presentation.

STEP B: If the grievance is not settled in STEP A, the grievance shall be reduced to writing and presented by a Union official and/or the aggrieved Employee to the management representative. The Employer will give its written answer, either settling or not settling the grievance, within three (3) working days of its presentation.

STEP C: In the event the grievance is not settled in STEP B, then either party reserves the right and authority to submit such grievance or dispute to arbitration in the manner hereinafter provided.

40.3 Appeals from one Step to the other in the above procedure when grievances are not settled shall be made within ten (10) calendar days after the answer or decision is received.

40.4 Either party to this Agreement shall be permitted to call any witnesses at each and every Step of the grievance procedure. The Employer, on demand, will produce production, payroll, and other pertinent records for the purpose of substantiating the contentions or claims of the parties.

40.5 The Union’s Business Manager shall determine the extent to which a grievance may be processed.

40.6 The parties hereto agree that the time allowed to process grievances under this Article is adequate. If the Union fails to process a grievance within the time limits specified herein, the grievance is ended. If the Employer fails to answer a grievance within the time limits specified herein, the grievance will be deemed substantiated and the Employee shall be made whole. By mutual agreement between the Employer and Union, the time limits specified herein may be extended.

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40.7 The grievance procedure and arbitration provided for herein shall constitute the sole and exclusive method of determination, decision, adjustment, or settlement between the parties of any and all grievances as herein defined; and the grievance procedure and arbitration provided for herein shall constitute the sole and exclusive remedy to be utilized by the parties hereto and all grievances as herein defined.

ARTICLE 41. ARBITRATION

41.1 In the event a grievance or dispute is submitted to arbitration the following procedure shall be used.

STEP A: The Federal Mediation and Conciliation Service (“FMCS”) shall be requested to submit to both parties the names of seven (7) nationally recognized persons qualified to arbitrate who are on the FMCS’ panel for the area in which the Commissary is located.

STEP B: Within ten (10) days after receiving the list the parties will meet and determine by lot the order of elimination, and thereafter each shall alternately in that order eliminate one name until only one remains. The seventh or remaining person shall be accepted by both parties as the arbitrator.

41.2 The arbitrator shall render his decision within thirty (30) calendar days after the close of the hearing, and such decision shall be binding upon the parties and the grievant. There shall be compliance within five (5) days after receipt of the decision.

41.3 The arbitrator shall not have the power or authority to, add to, subtract from, or modify the terms of this Agreement.

41.4 Expenses and compensation of the arbitrator shall be divided equally between the Employer and the Union.

41.5 Unless otherwise stated, any period of time specified herein shall not include time on any Saturday, Sunday, or Holiday.

Article 42 Safety Payment

42.1 The Employer shall provide an annual Safety Payment of $150 to be used by Employees for the purchase of any protective equipment or clothing, such as;

safety shoes, foul weather gear, boots and protective gloves that the Employer does not provide to its Employees for their safety or protection. Employees purchasing any of the above should first have the Employer’s approval, to ensure the equipment or clothing is acceptable and provide receipts to Employer for verification of purchases and for reimbursement. The Employer’s approval shall not be unreasonably withheld.

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ARTICLE 43. PENSION PROGRAM

43.1 The Employer agrees to Participate in the Local 780 Pension Fund.

For…