Attachment 2 - Collective Bargaining Agreement.pdf

REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 2017‐0765 Daniel W. Simms Division of | Revision No.: 5 Director Wage Determinations| Date Of Last Revision: 12/21/2020 Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.95 for calendar year 2021 applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.95 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2021. The EO minimum wage rate will be adjusted annually.

Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

State: Arizona

Area: Arizona County of Pima Employed on DECA contract for shelf stocking, receiving/storage/holding areas, and custodial operations services:

Collective Bargaining Agreement between Lamain Crescent Joint Venture, LLC and Local Union No. 780 Motion Picture and Video Tape Laboratory Technicians, Allied Crafts and Government Employees, effective September 1, 2016 through August 31, 2021.

In accordance with Sections 2(a) and 4(c) of the Service Contract Act, as amended, employees employed by the contractor(s) in performing services covered by the Collective Bargaining Agreement(s) are to be paid wage rates and fringe benefits set forth in the current collective bargaining agreement and modified extension agreement(s).

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors, applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health‐related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health‐related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is the victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

AGREEMENT BETWEEN

LAMAIN CRESCENT JOINT VENTURE, LLC

DAVIS MONTHAN AFB

ARIZONA

AND

LOCAL UNION NO. 780

MOTION PICTURE AND VIDEO TAPE

LABORATORY TECHNICIANS, ALLIED CRAFTS

AND GOVERNMENT EMPLOYEES

SEPTEMBER 1, 2016

TO

AUGUST 31, 2021

i

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 REFERRAL 5

ARTICLE 12. JOB BIDDING AND POSTING 5

ARTICLE 13. NO DISCRIMINATION 6

ARTICLE 14. UNION SECURITY 7

ARTICLE 15. CHECKOFF 7

ARTICLE 16. MEETINGS 8

ARTICLE 17. PAY DAYS 8

ARTICLE 18. TIME RECORDS 8

ARTICLE 19. FREE WORK PROHIBITION 8

ARTICLE 20. WORK SCHEDULE 9

ARTICLE 21. WORKING HOURS AND OVERTIME 9

ARTICLE 22. SPLIT SHIFTS 9

ARTICLE 23. REPLACEMENT AND ADDITIONAL HOURS CALL-IN 9

ARTICLE 24. AVAILABLE AND ADDITIONAL HOURS 9

ARTICLE 25. LUNCH PERIOD 10

ARTICLE 26. REST PERIOD 10

ARTICLE 27. HOLIDAYS 10

ARTICLE 28. VACATIONS 11

ARTICLE 29. HEALTH INSURANCE 12

ARTICLE 30. INJURED ON THE JOB 13

ARTICLE 31. SICK LEAVE 14

ARTICLE 32. LEAVES OF ABSENCE 16

ARTICLE 33. BEREAVEMENT LEAVE 17

ARTICLE 34. PROMOTION 17

ARTICLE 35. STORE VISITS 17

ARTICLE 36. SAVINGS CLAUSE 18

ARTICLE 37. PICKET LINE CLAUSE 18

ARTICLE 38. SHOP STEWARDS 18

ARTICLE 39. DISCHARGES AND SEVERANCE NOTICE 19

ARTICLE 40. EMPLOYEE AND DISCIPLINARY WARNING NOTICES 19

ARTICLE 41. GRIEVANCE 20

ARTICLE 42. ARBITRATION 21

ARTICLE 43. PENSION PROGRAM 22

ARTICLE 44. NEW UNITS 23

ARTICLE 45. SALARY RATES FOR NEW OR REVISED 23

ARTICLE 46. TERM OF AGREEMENT 24

IN WITNESS WHEREOF 24

SCHEDULE “A” 25

COLLECTIVE BARGAINING AGREEMENT

LOCAL 780, MOTION PICTURE AND VIDEO TAPE LABORATORY TECHNICIANS,

ALLIED CRAFTS AND GOVERNMENT EMPLOYEES, hereinafter collectively referred to as “Union”, and LAMAIN CRESCENT JOINT VENTURE LLC at Davis Monthan AFB, AZ hereafter referred to as “Employer” or “Company”, 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 Agent for all Employees within the scope of this collective bargaining agreement (“Agreement”).

ARTICLE 2. SCOPE

2.1 The scope of this Agreement shall be all Employees of all present and future commissary stores and warehouses located at Davis Monthan AFB, AZ 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, but not limited to, custodian , and 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.

ARTICLE 4. SUCCESSORS, ASSIGNEES, LEASEES

4.1 This Agreement and any supplements or amendments thereto 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.

4.2 It is understood by this provision that the Employer shall not 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 purchasee, 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 written notification to the Union.

ARTICLE 6. BARGAINING UNIT WORK JURISDICTION

6.1 Only members of the bargaining unit and the Project Manager shall perform bargaining unit work. However, if the Project Manager does perform bargaining unit work at least one bargaining unit employee shall also be working at that time.

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.

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, and shall date from the individual’s most recent date of employment with the Employer, except as provided below.

7.2 The Employer has the right to discharge any Employee employed for the first time subsequent to the initial date of this Agreement during the first 90 days of employment with or without cause. Otherwise, the Employer has the right to discharge or otherwise discipline an Employee for just cause.

7.3 Employees who were not employed by the Employer’s predecessor contractor on the day prior to the Employer’s take-over of the Commissary shall not attain seniority until ninety (90) days after their hire by the Employer. For Employees hired on or after the instant Employer’s take-over date, their seniority will revert to the Employee’s date of hire upon completion of the initial ninety (90) day period.

For Employees who were employed by the predecessor contractor the day before the instant Employer’s take-over date, seniority shall be defined as the individual’s continuous length of service with the U.S. Government service contract vendors providing such Commissary service. 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 (Article 32) layoff of less than six (6) months, the seniority of such Employee shall not be broken by such illness or layoff.

7.4 Seniority, with merit and ability being equal, shall prevail per job classification in case of layoff and recall, increasing of hours and decreasing of hours, holidays and selection of vacation days.

7.5 All layoff time shall be credited as accumulated service to the Employee affected.

7.6 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 their job classification.

B. In the event a transfer is required outside of the job classification, the Employer will first seek volunteers. In the event, no volunteers apply for a transfer; the Employer will recall any Employee on lay off in seniority order, with merit and ability being equal, before securing a new Employee to fill the job.

7.7 Recall after layoff shall be achieved by written notice sent by certified or registered mail to the Employee’s last known address as furnished by the Employee 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.

7.8 The Company agrees to post seniority lists by job classification each quarter of the year. Unless challenged in writing within thirty (30) days to the Company’s office, such lists will be considered correct. A copy of each quarterly list will be promptly supplied to the Union’s Business Manager.

7.10 Loss of Seniority: No Employee shall suffer loss of seniority unless the

Employee:

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 of this Agreement.

E. Fails to report for work when recalled as provided in Article 7.7 of this

Agreement.

7.11 Employees desiring available or additional hours, shall notify the site Manager in writing. The Employer shall utilize such request to give additional hours by seniority whenever merit and ability are equal.

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, except when required by the United States government.

ARTICLE 9. BULLETIN BOARD

9.1 A Union bulletin board will be provided for 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 or removed without the Union’s consent.

ARTICLE 10. NOTIFICATION

10.1 The Employer will notify the Union in writing, by email or fax, within ten (10) calendar days when any 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.

ARTICLE 11. JOB REFERRAL

11.1 Unemployed List: The Union agrees to keep an up to date list of known unemployed with an accurate record of their experience or training, and the Employer agrees to notify the Union of vacancies in positions or job openings within the classifications covered by this Agreement in order that the unemployed on the aforementioned list may be provided a full opportunity to fill such vacancy.

Employer has the right to hire from any source.

11.2 Registrations: The Union agrees to accept registrations for employment upon each list so maintained, and to dispatch applicants for employment from said lists for vacancies or job openings with the Employer in accordance with his specification and this Agreement.

ARTICLE 12. JOB BIDDING AND POSTING

12.1 Vacancies and New Position Openings: The existence of any 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, qualifications, job descriptions, department in which job is located, shift, pay rate and posting termination date. The notice shall be posted for 21 days. The Company will have the right to fill the position after the posting time.

12.2 Applications: Employees shall submit their applications to the Project Manager by no later than the close of the day the posting terminates.

12.3 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, Employees from other classifications performing or having performed similar job functions; Third, other Employees in the bargaining unit; Fourth, persons on lay-off; and Fifth, outside applicants.

12.4 Filling of Vacancy: The Union will be notified in writing of the person selected to fill the job vacancy within ten (10) business days of the selection.

12.5 Temporary Filling of Vacancy: The Employer may temporarily fill a vacancy between the time the vacancy occurs and the time the appointment is made.

12.6 Failure to Qualify for Job: An Employee who fails to demonstrate the ability to perform a job obtained through job posting and who desires to return to his previous position during the initial thirty (30) working day period, shall return to the Employee’s former job classification and rate of pay. It is understood that Employees will be trained during the above time period.

ARTICLE 13. NO DISCRIMINATION

13.1 The Employer shall not discriminate against any Employee or applicant because of Union activity or membership.

13.2 In accordance with the policies of the Company, it will recruit, hire, train, and promote persons in all job groups without regard to race, color, religion, age, gender, sexual orientation, gender identity, 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. The Employer will administer all personnel matters without regard to race, color, religion, age, gender, sexual orientation, gender identity, national origin, physical or mental disability.

13.3 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), the Employer and Union agree to meet in a good faith effort to reasonably accommodate the disabled Employee.

13.4 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.

ARTICLE 14. UNION SECURITY

14.1 All Employees, upon hire, shall be informed that the Union is the sole and exclusive collective bargaining agency 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.

14.2 It shall be a condition of employment that all Employees of the Company 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, shall remain members in good standing and those who are not members on the effective or execution date of this Agreement, whichever is later, shall on 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 on 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 period 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 any law, until such time as the prohibition is repealed.

ARTICLE 15. CHECKOFF

15.1 Upon receipt of an Employee's written authorization, the Employer shall deduct from the gross wages paid of 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. Transmittal of check-off monies are due in the Union’s Office at the same time that fringe benefits are due to the Funds identified in this Agreement.

15.2 The check-off shall be based on all W-2 income. The Union agrees to hold the

Company free from all liability in connection with dues collections, except for the Employer’s ordinary diligence and care in making the proper deduction and in the transmittal of the monies to the Union.

15.3 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 Employee 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 by the Union in writing as to the failure of said Employee to maintain such status. The requirements of maintaining membership shall be consistent with State and Federal Law.

ARTICLE 16. MEETINGS

16.1 Time spent by Employees in the attendance of Company 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.

ARTICLE 17. PAY DAYS

17.1 Shall be semi-monthly, current practice (15th) and the last day of month.

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

ARTICLE 18. TIME RECORDS

18.1 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 and Service Contract Act.

18.2 The Employer shall utilize the time clock, or its equivalent, for the purpose of keeping accurate records of the hours worked by each Employee. Any alterations to the “punch in” will be made in different colored ink and initialed by the Manager and the affected Employee.

18.3 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 or at the Employer’s headquarters.

18.4 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 Project Manager for correction.

ARTICLE 19. FREE WORK PROHIBITION

19.1 There shall be no “Free” or “Time-off-the-clock” work permitted under this

Agreement.

ARTICLE 20. WORK SCHEDULE

20.1 Work Schedule: The Employer shall post in ink or other permanent means the next week’s 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 at least 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 remain posted on the Employer’s bulletin board which must be accessible to all bargaining unit Employees for the entire work week. 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, the Union and the 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 by the Union.

20.2 The most senior Employee will be scheduled for the most available hours during a work week within his/her job description.

ARTICLE 21. WORKING HOURS AND OVERTIME

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

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

ARTICLE 22. SPLIT SHIFTS

22.1 There shall be no split shifts.

ARTICLE 23. REPLACEMENT AND ADDITIONAL HOURS CALL-IN

23.1 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.

23.2 Call-In Procedures: The Employer will provide its current telephone numbers to the Employees.

ARTICLE 24. AVAILABLE AND ADDITIONAL HOURS

24.1 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 25. LUNCH PERIOD

25.1 Employees working six (6) hours or more per day shall be scheduled for a one-half

(1/2) hour lunch break or no lunch (so long as permitted by law) as mutually agreed between the Union, the Employee and the Company. 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 26. REST PERIOD

26.1 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 assigned shift, he shall be given an additional ten

(10) minute rest period at the end of his assigned shift.

ARTICLE 27. HOLIDAYS

27.1 The Employer agrees to observe the following holidays. The below holidays shall be paid holidays and will be observed as per the Base’s scheduled days of observation.

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

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

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

27.4 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.

27.5 Time worked on any of the Holidays described above shall be compensated at the

Employee’s straight time hourly rate and such pay shall be in addition to any Holiday pay to which the Employee may be entitled.

ARTICLE 28. VACATIONS

28.1 All Employees are entitled to receive a paid vacation with the pay being based on the number of hours the Employee worked in the twelve month period 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 hourly wage rate per hour during the same twelve month preceding period. The number of weeks of vacation shall be determined by the schedule set forth below.

28.2 After one (1) year of continuous government service contract employment at the

Davis Monthan AFB, two (2) weeks of paid vacation, following the Employee’s first anniversary date of employment.

28.3 After five (5) years of continuous government service contract employment at the

Davis Monthan AFB, three (3) weeks of paid vacation annually following the Employee’s fifth anniversary date of most recent employment.

28.4 After fifteen (15) years of continuous government service contract employment at the Davis Monthan AFB, four (4) weeks of paid vacation annually following the Employee’s fifteenth anniversary date of most recent employment.

28.5 Employees who have earned a vacation shall receive their pay in advance, if requested at least four (4) weeks in advance of their scheduled vacation period.

28.6 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.

28.7 All vacations must be taken within an Employee’s anniversary year and may not be accumulated from one anniversary year to the next, unless mutually agreed in writing by the Employer, the Union and the affected Employee. Employees must take their vacations--not money in lieu of their vacations.

28.8 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 29. HEALTH & WELFARE ALLOWANCE

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

29.2 The Employer agrees to participate in the Local 780 IATSE 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.

29.3 Absence from work by bargaining unit Employee(s) by reason of paid vacation, paid holiday, approved family leave of absence, paid sick leave, paid bereavement leave (or for any other purpose resulting in W-2 pay) shall be considered as time worked for the purpose of this Article and contributions shall be made for such Employee(s).

29.4 On and after January 1, 2018, Employees may submit an Employee’s executed Payroll Deduction Form (for insurance coverage for eligible children – as defined in the Local 780 Health & Welfare Plan) to the Employer and until written revocation of such Payroll Deduction Form is provided to the Employer, the Employer shall deduct one hundred fifty dollars ($150) (or any lesser net amount of the Employee’s paycheck after the payment of taxes in the event that the net paycheck is less than $150) from each paycheck of the signing Employee beginning with the first paycheck which is based on hours paid after the effective date of the Payroll Deduction. The Employer shall promptly send to the Union copies of the executed Payroll Deduction Forms and any written revocation of such Payroll Deduction Forms. The deducted monies shall be transmitted to the Local 780 Welfare Fund in a single check pursuant to Article 29, Section 5, see below. 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.

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

29.6 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 personal service of the written notice of its delinquency, and the Employer does not make the required payments due and owing within five (5) business 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 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 forty (40) hours per week, until such time as the Employer has paid in full the monies due and owing to the Welfare Fund.

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

ARTICLE 30. INJURED ON JOB

30.1 An Employee who is injured within the scope of his employment and is required to leave his work to receive medical attention or hospitalization shall be paid for the full day that the Employee was scheduled to work.

ARTICLE 31. SICK LEAVE

31.1 Effective with the commencement of this Agreement, an Employee who has been employed pursuant to this Agreement or any successor agreement for six (6) months or more after commencement of this Agreement 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) months period; however, they may not use these credits until they have completed their six (6) months. Employees will be entitled to earn up to seven (7) days sick leave per year.

31.2 Sick leave must be earned under this Agreement by employment on this contract and will continue with any successor contract. 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 disability until the Employee’s accumulated sick leave benefits have been exhausted.

31.4 Sick leave benefits will be paid only with respect of a work day on which the

Employee would have otherwise worked, and will not apply to any Employee’s scheduled day off, holidays, vacations or any other day on which the Employee would not have worked.

31.5 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 crane provided 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 pay for any week in which the Employee is off work. The Employer will not be required to pay employees for accrued, unused paid sick leave at the time of a job separation (“cash-out”) unless they qualify under the Annual Bonus.

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.

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

31.8 Employees’ requests for sick leave may be made orally or in writing. A leave request 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.

31.9 The Employer may only require certification for absences of three or more consecutive full days, and the Employee must have received notice of the requirement to provide certification or documentation before he returns to work.

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 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 The Employer may require the Employee to use paid sick leave concurrently with unpaid FMLA guaranteed leave.

31.13 Annual Pay-out: By no later than December 15th of each year, each Employee will automatically receive an annual payout of all unused sick leave pay for that calendar year. In the event that the Employer loses its government contract prior to December 15th of any calendar year, the Employer will pay to the Employee 1/11th of the Employee’s unused sick leave pay for each month that the Employee worked for the Employer in that calendar year. Illustratively, if the Employer loses its government contract on June 1, the Employee shall receive 5/11ths of the Employee’s unused sick leave pay.

31.14 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 31.13, above.

ARTICLE 32. LEAVES OF ABSENCE

Employees employed by the Employer shall be entitled to written leave of absence for the following reasons:

32.1 Illness or injury, including pregnancy, of the Employee is required to fill out leave of absence from work. 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 may request a leave of absence if she is unable to continue to perform the essential functions of her position. 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 upon 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 outside the bargaining unit 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.

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, hours 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 not 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 leave of absence will be subject to immediate termination.

32.11 All leaves 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. Leaves of absence shall be granted in writing.

ARTICLE 33. BEREAVEMENT LEAVE

33.1 The Employer agrees to give bereavement leave to all employees for necessary absence on account of death in the immediate family up to as required, but not to exceed three (3) scheduled work days at straight time pay, pro-rated to be determined by number of hours which the employee averages during the normal work week for the four (4) weeks immediately preceding the leave to begin.

Employer can request certified documentation.

The term “Immediate Family” shall mean spouse, parents, child, brother, sister, father-in-law, mother-in-law, grandparents, grandchildren, step-parents, step-children, grandparents-in-law, son-in-law, daughter-in-law, foster children, brother-in-law, sister-in-law or any relative residing with the employee or with whom the employee is residing.

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

ARTICLE 34. PROMOTION

34.1 Where an Employee who has been promoted to management is unable to perform the duties of the higher classification, he shall have the right to be demoted to his former or equivalent position without loss of seniority, and his right to such employment shall not be jeopardized by reason of such demotion.

ARTICLE 35. STORE VISITS

35.1 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 regulation, 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 36. SAVINGS CLAUSE

36.1 The provisions of this Agreement are deemed to be separable to the extent that if and when a 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 on the provision or provision so invalidated.

ARTICLE 37. PICKET LINE CLAUSE

37.1 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.

ARTICLE 38. SHOP STEWARDS

38.1 The Union shall have the right to appoint Shop Stewards in the store, who shall be recognized by the Employer as having authority to report irregularities in interpretation or application of this Agreement to the Union and to assist the staff of the Union in the adjustment of grievances. Said Shop Stewards shall not be discriminated against for discharging 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. Employer will supply Project Manager’s cell phone number to Shop Steward and Union Business Manager.

38.2 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. Shop steward(s) will receive the most available hours in their job classification.

ARTICLE 39. DISCHARGES AND SEVERANCE NOTICE

39.1 Upon request by the affected Employee or the Union, the Employer agrees to give the affected Employee and the Union the reasons in writing for the Employee’s discharge.

39.2 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 Employer. The Employee shall be given his vacation pay, then due.

39.3 If any Employee gives two (2) weeks’ notice of voluntary quit, they shall be allowed to work for that period provided they continue to perform satisfactorily.

Unsatisfactory performance shall be subject to the grievance procedure.

ARTICLE 40. EMPLOYEE AND DISCIPLINARY WARNING NOTICES

40.1 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 by employees including but not limited to examples such as: dishonesty; theft; drunkenness; fighting; possession, use, or sale of illegal drugs; endangering the safety of other persons; working off the clock;

gross insubordination and directives by the Government which shall be grounds for termination of employment:

Verbal warning (Employee, informal and may be reduced to writing at

Manager’s discretion. If the verbal warning is reduced to writing, a copy of said writing shall be given to the Employee and to the Union.)

A. Written warning (Copy provided to Employee)

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

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

D. Discharge. (Copy provided to Employee, HR, Business Manager)

40.2 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.

40.3 Employees can request that a representative of the Union be present at any step of the above disciplinary procedure.

40.4 The failure of the Union to protest any constructive 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.

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

40.6 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.

ARTICLE 41. GRIEVANCE

41.1 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 fifteen (15) calendar days after the incident occurs.

All other grievances must be filed within thirty (30) calendar days of the event or occurrence upon which the grievance is based, or within thirty (30) calendar days of when the Employee or a Union representative knew or should reasonably have known of such event or occurrence.

41.2 The grievance procedure is available to all Employees who completed their probationary period. In accordance with Article 7.2 the Employer has the right to discharge any employee employed for the first time subsequent to the date of this Agreement during the first 90 days of employment with or without cause.

Otherwise, the Employer has the right to discharge or otherwise discipline an Employee for just cause.

41.3 All grievances shall be presented to the Employer 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 Manager. The 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 the proper Union official and/or the aggrieved Employee to the management representative. The company 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.

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

41.5 Either party to this Agreement shall be permitted to call any witnesses at each and every Step of the grievance procedure.