Attachment 48 2015-10-28 CBA.pdf

Collective Bargaining Agreement

By and Between

Omni Corporation at

The Federal Law Enforcement Training Center in Artesia, NM and the

Maintenance Employees and

Janitorial, Logistics and Warehouse Employees of the

International Union of Operating Engineers, Local 953, AFL‐CIO

Effective October 1, 2018 to September 30, 2021

Collective Bargaining Agreement 10/1/2018 to 9/30/2021 Page 2 Omni Corporation/IUOE Local 953

TABLE OF CONTENTS

Article Number and Title: Page No.:

Article 1 Union Recognition 1 Article 2 Management Rights 3 Article 3 Company Policies 4 Article 4 Support Requirements 4 Article 5 Strikes and Lockouts 4 Article 6 Security Clearance Requirements 4 Article 7 Non‐Discrimination 5 Article 8 Weather Clause 5 Article 9 Safety 5 Article 10 Accident Reporting 7 Article 11 Leaves of Absence 7 Article 12 Jury Duty 8 Article 13 Vacations 9 Article 14 Holidays 10 Article 15 Sick Leave 11 Article 16 Bereavement Leave 12 Article 17 Complaints and Grievances 12 Article 18 Introductory Period 13 Article 19 Computation of Seniority 14 Article 20 Promotions, Upgrading 15 Article 21 Workday and Work Week 15 Article 22 Wages 17 Article 23 Scope of Bargaining 17 Article 24 Separability 18 Article 25 Health & Welfare Benefits 18 Article 26 Pension Fund 19 Article 27 Bulletin Boards 19 Article 28 Notices 19 Article 29 Term of Agreement 20 Article 30 Assigns 20

Appendix "A” Wage and Health & Welfare Rates 21 Appendix "B" Job Classifications 22 Appendix “C” Tool Allowance Examples by Classification 25 Appendix “D” Sample Union Initiation Fee and Dues Deduction Authorization Form 29

Collective Bargaining Agreement 10/1/2015 to 9/30/2018 Page 1

AGREEMENT

This “Agreement” is made and entered into on the dates below and effective on October 1, 2018 between Omni Corporation, herein after referred to as the Company, and the International Union of Operating Engineers Local 953, AFL‐CIO, herein referred to as the Union, on behalf of the Maintenance Employees bargaining unit and the Janitorial, Logistics and Warehouse Employees bargaining unit, as defined below.

WITNESSED:

WHEREAS: The Company and the Union have bargained collectively in good faith, with respect to wages, hours and to other terms and conditions of employment for employees in the bargaining units hereinafter more clearly defined, and have reached agreement as reflected herein. The Agreement is the sole agreement between the parties hereto relating to the employees described in Article 1 hereof.

NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS HEREIN CONTAINED, the Company and the Union do hereby agree as follows:

ARTICLE 1: UNION RECOGNITION

I. Bargaining Units: The Company hereby recognizes the Union as the exclusive bargaining representative, for the purposes of bargaining collectively, as certified by the National Labor Relations Board; with respect to case number 28‐RC‐6657 with respect to wages, hours and other terms and conditions of employment for the Company’s maintenance employees assigned to all positions covered by this Agreement, and with respect to case number 28‐RC‐072171 with respect to wages, hours and other terms and conditions of employment for the Company’s janitorial, logistics and warehouse employees assigned to all positions covered by this Agreement.

A. All full time (defined as working an average of 30 hours or more per week) and part time hourly employees employed by Omni Corporation to perform (1) maintenance services (the “maintenance bargaining unit”), and (2) janitorial, logistics and warehouse services (the “janitorial bargaining unit”), both pursuant to the Homeland Security service contract at the Federal Law Enforcement Training Center, Artesia, New Mexico; contract number HSFLAR‐15‐C‐00001 or extensions of contract number HSFLAR‐15‐ C‐00001 which may be included under the current or future service contract numbers; but excluding all supervisors as defined by the National Labor Relations Board, guards, temporaries (short term work assignments not to exceed ninety (90) days during the term of the Agreement), and office and clerical employees.

B. Whenever the words “employee” and “employees” are used in this Agreement, they shall be construed to refer only to employees included in the applicable bargaining unit as described in Paragraph (I.) of this Article, unless otherwise noted herein.

C. All references herein to gender shall be construed as being equally applicable without any reservation to both males and females.

II. Check‐off List Notice: The Company will notify the Union and site Steward in writing of each new employee within the bargaining unit as soon as possible, but in no event later than five (5) calendar days after he/she is cleared for site access by FLETC and reports to his/her supervisor for regular assignment. The Company shall update the check‐off list provided by the Union upon request but no more frequently than monthly. The list will show the name, address, social security number, and rate of pay for each new employee who is within the bargaining unit.

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III. Representation:

A. Appointment of Union Steward. The Union may appoint from among the bargaining units no more than one (1) Steward and one Alternate. The Company shall be notified in writing and furnished the names of the Steward and Alternate by the Union. No Steward or Alternate shall be discriminated against by the Company because of his faithful performance of duties as Steward or Alternate, nor shall any Steward or Alternate be removed from the job until notice has been given to the Business Manager of the Union.

B. Union Stewards. The Steward and Alternate (hereafter, collectively “Steward”) shall be a working employee, and his activities as a Steward shall not interfere with his normal duties except as provided herein. The Union Steward shall be permitted time off to handle Union matters pertaining to this Agreement. The Steward shall not interfere with the Company’s management of employees or direct or disrupt the any work of any employee, but the Steward may advise the Company and Union of any violation of the Agreement and also notify the employee to which any violation relates. The conduct of Union business shall be scheduled so that no employee is interrupted during paid working time, with the exception of a grievance proceeding conducted pursuant to the grievance article of this Agreement, and the Steward’s initial enrollment of employees into Union membership. The Steward may investigate, discuss and present grievances during the Steward’s working time without loss of pay. Overall, it is expected that a minimum amount of time shall be spent in the performance of Steward duties.

Notwithstanding the foregoing, Steward (and Alternate) time for which pay is due from the Company shall not exceed 10 paid hours collectively for any given calendar year quarter and not to exceed a total of 40 paid hours collectively per calendar year, and shall be at a rate no higher than that specified in Ex. “A” (e.g., premium and overtime rates shall not apply to Steward time pay). Steward duties may be performed after the paid maximums are met, but such time will be unpaid and outside of the Steward’s scheduled work hours. The Union shall provide the name of the Union Steward to the Company in writing within 5 calendar days of his appointment by the Union as Steward. The Steward will give reasonable advance notice of any time period needed to attend to Steward duties, and will ask for permission from the Project Manager (or designated representative) by stating the reason for leaving the Steward’s work area for Union business. Such permission shall be granted when the request is consistent with the terms of this Agreement, unless the Steward’s absence at that particular time would interfere with, or adversely impact, the work assigned to the Steward, in which case a different time would be arranged.

C. Access to Unit. The Union shall be responsible for attempting to obtain written permission from the government for site visits for non‐employee Union representatives to have access to the employees for the purpose of investigating grievances and complaints related to the administration of this Agreement and the Union’s representation of the unit. Such privileges shall be exercised by the Union so that no employee is unnecessarily interrupted during work time for the purpose of conducting Union business with the exception of a grievance proceeding conducted in accordance with this Agreement. Any other Union business relating to the unit shall be conducted before or after the employees’ respective work shifts so that work is not disrupted. The Union shall provide reasonable advance written notice to the Company prior to any site visit of not less than three (3) business days. Should the Union fail to secure written permission from the government for such a non‐employee site visit, the Union may contact the Company for assistance by providing a written request stating the purpose, date and time of the intended access. Upon contact by the Union, the Company shall attempt to provide sponsorship of non‐employee Union representatives onto FLETC Artesia when such is for the purposes stated herein.

The Union is responsible for complying at all times with government and FLETC policies and procedures related to on site access.

IV. Union Security. All employees who are members of the Union on the effective day of this

Agreement shall be required to remain members of the Union as a condition of employment during the term of

Collective Bargaining Agreement 10/1/2018 to 9/30/2021 Page 3 this Agreement. All employees shall be required to become and remain members of the Union as a condition of employment from and after the thirty first (31st) day following the date of their employment or on the effective date of this Agreement, whichever is later. The Union shall accept into membership and make membership available to all employees who apply for membership upon the same terms and conditions generally applicable to other members without any discrimination. The Company shall have no duty, obligation or responsibility for enrolling and dis‐enrolling employees in or from Union membership.

V. Check‐off. The Company agrees to make payroll deductions for Union dues and initiation fees on the next applicable payday following the Company’s receipt from the Union of a proper signed authorization from each employee covered by the Agreement according to the deduction procedures in Section VI. In the event of termination of employment or unpaid leave of absence, the Company shall not be obligated to collect dues or fees.

Specifically authorized amounts are to be deducted on the first two paydays of each month and transmitted to the Union home office in Albuquerque, NM, by the last day of the following month together with a list of names of whom the payroll deductions were made. The Union agrees that the Company incurs no liability from the collection of dues as provided herein, and agrees to hold the Company harmless and indemnified against any claims arising out of the Company’s compliance with this article, including reasonable attorneys’ fees and costs.

VI. Deduction procedures. In addition to making deductions for monthly Union dues at the rates and amounts specified in the Union’s notice to the Company, the Company agrees to make up to six (6) installment deductions from an employee’s paycheck related to the Union’s initiation fees or uncollected back dues owed to the Union by the employee, with such deductions starting on the next applicable pay period following the Company’s receipt from the Union of a proper authorization signed by the employee similar to the form attached hereto as Appendix D and in compliance with applicable wage and hour laws.

ARTICLE 2: MANAGEMENT RIGHTS

I. The management of the Company, its business and the direction of the working forces are vested solely and exclusively in the Company and shall not in any way be abridged except as specific restrictions are set forth in this Agreement. The Company reserves and retains all of its normal and inherent rights, powers, privileges, prerogatives and authority with respect to the management of the business, whether exercised or not.

The Company’s management rights include (without limiting the generality of the foregoing) its right to manage the business and make all decisions affecting the business, to establish or continue or change employment and other policies, practices, and procedures for the conduct of the business; to determine and as determined necessary by the Company re‐determine, the number, location, and types of its operations, and the methods, procedures, technology, processes, and materials to be employed, and select the number and type of employees assigned to any particular work; to select supervisory, managerial, and other employees excluded from the bargaining unit; to implement new, improved, or different methods of operation, regardless of whether or not such changes may cause a change in, or reduction of, the working force; to establish, modify and enforce production of work standards, rules, policies and procedures; to determine material and equipment to be used; to determine employee uniform and personal equipment requirements; to discontinue the conduct of the business or operations or to perform such business or operations as directed by the customer or as determined necessary by management through subcontractors or otherwise; to hire, select and direct the working force; to establish, eliminate, change or combine work schedules (including but not limited to determine starting and quitting times, the number of hours per day, and shifts to be worked), job classifications, job descriptions and work assignments;

to determine the length of workweek and determine when overtime is required; to transfer, promote, or demote employees or to lay off, terminate, or otherwise relieve employees from duty for lack of work or other legitimate reasons; to make and enforce rules for the maintenance of discipline; to suspend, discharge, or otherwise discipline employees for reasons stated by management based on just cause (which includes but is not limited to, violations of Company policies and rules, insubordination or refusal to do assigned/directed work); and otherwise to take such measures as management may determine to be necessary to the orderly, efficient, or economical operation of the business or necessary to carry out the Company’s obligations under its government contract, Collective Bargaining Agreement 10/1/2018 to 9/30/2021 Page 4

HSFLAR‐15‐C‐00001, or to meet requirements of the Company’s customer. Except as otherwise expressly provided in the Agreement, nothing herein shall limit the Company in the exercise of the rights and functions of ownership or management.

II. The Company may hire any and all positions within the bargaining units at its discretion. The Company shall require all unit members to go through the regular hiring process. To receive the wage rate that corresponds with a job classification, an employee must in fact meet all requirements and qualifications of the position based on the current job description as prepared by the Company. The Company may reject any applicant that lacks sufficient knowledge, training, qualifications, work record and or expertise or ability to meet work requirements or possess required certification to fill positions that require certification or for any reason at all.

III. The foregoing enumeration of management rights shall not be deemed to exclude other rights of management not specifically set forth, the Company, therefore, retaining all rights not otherwise specifically covered by this Agreement.

ARTICLE 3: COMPANY POLICIES

Company policies related to employees’ job performance and other relevant policies will be provided to employees and the Union. Employees and the Union agree to not disclose the Company’s policies (including but not limited to the Company’s employee handbook, job descriptions, staffing configurations and other Company prepared documents) to the Company’s competitors or third parties, unless the disclosure is compelled or pursuant to a legal proceeding. Employees covered by this Agreement may be governed by Company policies that are not in conflict with the specific terms of this Agreement.

ARTICLE 4: SUPPORT REQUIREMENTS

The Union acknowledges that the Agreement is subject to the McNamara – Ohara Service Contract Act of 1965 as amended and the sovereign and statutory rights which the U.S. Government may exercise with respect to the DHS‐FLETC Artesia, NM facility and which may impact the responsibilities of the Company’s operations as they relate to the support of DHS‐FLETC Artesia, NM objectives. The parties realize that the DHS‐FLETC Artesia, NM Command, at its discretion, may make unusual and immediate demands in conjunction with support of DHS‐FLETC Artesia, NM objectives. The Union and the Company therefore agree to cooperate in all matters required by the U.S. Government and accept that any action taken by the Company pursuant to an explicit requirement of the U.S.

Government shall not constitute a breach of this Agreement provided the requirement referred to is not a violation of the Service Contract Act. The Company will notify the Union of any Government requirement which will effect this Agreement as soon as possible and prior to implementation when possible.

ARTICLE 5: STRIKES AND LOCKOUTS

I. During the term of this Agreement, neither the Union nor its members will incite, encourage, participate, cause, authorize or permit any strike, sympathy strike, walkout, work slow‐down or interruption, picketing, cessation of work or acts affecting progress of work being done; and the Company agrees that during the term of this Agreement it will not lock out the employees covered by this Agreement.

II. The Company reserves the right to discharge or otherwise discipline any employee taking part in any violation of this Article. Discharge or other discipline imposed for a violation of this Article shall be reviewable under the grievance procedure to the sole extent and for the exclusive purpose of resolving whether the employee did in fact violate this Article.

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ARTICLE 6: SECURITY CLEARANCE REQUIREMENTS

I. It is understood by and between the parties hereto that employees must be able to pass the government background investigation for obtaining and maintaining facility access credentials consistent with the Company’s contractual requirements as a condition of continued employment. Employees shall also be subject to investigation for security clearance and/or entry authorization under regulations prescribed by the DHS‐FLETC Artesia, NM, or any other agencies of the United States Government on government facilities. Denial or loss of such access authorization by such governmental agency shall be just cause for termination.

II. It is understood that there shall be no liability on the part of the Company for any termination growing out of the denial, loss or failure to obtain and maintain access authorization by the United States Government; however, nothing in this Agreement shall preclude the individual from following any legal remedy he may have against any other person or organization by virtue of the termination under this clause. Termination because of denial, loss or inability to obtain and maintain authorized access to the facility and any applicable security clearance by the proper United States Governmental Agency shall not be subject to the grievance procedure. This clause shall not in any way diminish an employee’s right to pursue his rights under the terms of this contract when his termination or discharge is the result of action other than a security denial and/or facility access authorization.

III. Failure to meet government security requirements, including loss of facility access due to an employee’s own negligence, shall be grounds for termination without recourse to the grievance procedure.

ARTICLE 7: NON‐DISCRIMINATION

I. Discrimination: It is the policy of the Company and the Union to comply with all applicable laws prohibiting discrimination against employees. The Company and the Union will cooperate with one another and mutually support compliance with all such laws. The provisions of this Agreement shall be applied to all employees without discrimination on account of any classification or status protected by any applicable Federal or State laws.

II. Americans with Disabilities Act (ADA): The Union and the Company will mutually support compliance with the ADA. The parties agree that any reasonable accommodation made by the Company to comply with the ADA will not constitute a breach or violation of any provision of this Agreement. The provisions of this Article are not intended to allow a bargaining unit employee to displace another bargaining unit employee.

III. Union Activity: Union membership or legitimate Union activity, or an employee’s decision to refrain therefrom, will not jeopardize any employee’s standing with the Company or opportunity for advancement.

It is further agreed that the Company and its agents will not discriminate against, interfere with, restrain or coerce any steward or member of the bargaining unit because of any lawful activities on behalf of the Union.

ARTICLE 8: WEATHER CLAUSE

I. If FLETC Artesia officials delay opening or close the facility and the Contracting Officer advises the Company that the Company’s employees are released from staffing requirements, then those employees so released will be paid their normal rate for hours regularly scheduled during the closure which are not actually worked, provided that the Company is reimbursed for such compensation by the government.

II. If an employee chooses to leave early due to inclement weather, with management approval, and the facility subsequently closes, the employee is entitled to be paid only for hours regularly scheduled from the time of the closure.

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ARTICLE 9: SAFETY

I. Joint Safety Committee. The Company agrees to obey all state and federal laws governing work place safety. The Union agrees to cooperate with the Company’s efforts to comply with safety laws. There shall be a Joint Safety Committee consisting of such members representing the Employer as appointed by the Employer and up to two (2) members from the maintenance employee rank and file representing the Union. This Committee shall meet at least once each quarter. The duties of this Committee shall be to develop safety recommendations relating to the maintenance unit and to facilitate compliance with the Occupational Safety and Health Act of 1970, and other applicable Federal or State safety laws. Such recommendations, and safety rules provided in this Article, are minimum rules and not intended to imply that the Union objects to the establishment and imposition by the Employer of additional safety rules to protect the health and safety of the employees.

II. Drug Free Workplace. The Union agrees to cooperate with the Company’s compliance with the Drug Free Workplace Act and policies adopted in furtherance with the parties' commitment to maintaining a safe workplace by keeping it free from alcohol and drug abuse and possession. Employees are subject to the Company’s drug and alcohol policy which was approved by FLETC Artesia.

III. Members of the Joint Safety Committee shall be selected by the party they represent.

IV. Personal Protective Equipment. The Company shall make available hard hats when such are required by applicable law and shall also make available all proper individual Personal Protective Equipment (PPE) to employees when such is required by applicable law.

V. Site specific safety rules. The safe work practices that are in effect on the customer’s property which are more stringent than those in this Agreement shall apply to work which is performed on that property under the terms of this Agreement.

VI. Company safety rules. It is the Company’s responsibility to develop, implement and enforce rules and standards which promote the safety of its employees. Employees must comply with all government and Company safety rules and standards.

VII. Hazardous Duty Pay. Maintenance employees will receive $1.00 per hour Hazardous Duty Pay in addition to their regular rate of pay for hazardous work assignments; i.e. Lead abatement, removal or repairing the conveyor belts at the Ranges with prior supervisory approval. In order for Hazardous Duty Pay to apply, an alternate duty form indicating the number of hours requested for Hazardous Duty Pay must be completed by the requesting employee and turned into the supervisor for written approval prior to performance of any work for which Hazardous Duty Pay will apply.

VIII. Training Fund.

A. The Company will pay $.25 per hour worked by maintenance employees only, based on no more than 40 hours worked per week into the Local 953 Stationary Apprenticeship and Journeyman Upgrade Training Fund. When requested by the Company and not less frequently than quarterly, the Union will provide appropriate safety and skills training for maintenance employees at or near the worksite. The Company and the Union will coordinate so that training topics and objectives are suitable.

B. Employer shall stop contributing $.25 per hour worked into Local 953 Stationary

Apprenticeship and Journeyman Upgrade Training Fund if no training for job skills necessary in general maintenance have been completed for a period of six months.

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C. If requested by the Company, and after the Union performs agreed upon training for the bargaining unit, payment of Training Fund contributions shall be reinstated starting with the month when resumed training was requested and held.

D. When applicable, the Company shall pay Training Fund contributions by the last day of the month following the month when agreed upon training was requested and held and each month thereafter, subject to the condition in subsection B.

IX. Drinking water. Employees will have access to cold drinking water in appropriate, accessible locations throughout the work site.

X. Safety glasses. The Company will provide each maintenance employee one pair of prescription safety glasses per year up to $150.00 if needed; prescription and proof of purchase (without reimbursement or coverage elsewhere) must be provided to Company to receive reimbursement.

XI. Tool allowance. Maintenance employees with specific maintenance responsibilities which require relatively inexpensive hand tools will be provided up to $125.00 as a tool allowance per calendar year to purchase replacement hand tools necessary for the employee’s classification. For the initial year only of the Agreement, the tool allowance will be up to $200.00 (rather than $125.00) for employees who perform the majority of their work hours in the electrician, plumber or HVAC technician classifications. The tool allowance may only be used for tool requirements and must be necessary for the maintenance employee’s primary job classification. Proof of purchase must be provided to the Company for reimbursement by no later than fourteen (14) days after purchase to receive reimbursement.

A. More expensive tools and specialty tools which the Company deems necessary for the work will be provided by the Company; including but not limited to a corded drill, drill bits.

B. Maintenance employees are required to bring their own tools as a condition of employment. If the employee does not bring sufficient tools, they will be sent to retrieve said tools without pay. Examples of tools which employees are responsible for providing on their own and which are required for employment by job classification are identified in Appendix “C”. Maintenance employees who fail to bring and maintain adequate and appropriate tools will be subject to discipline up to and including termination.

C. All tools purchased directly by the Company shall be returned to the Company upon termination of employee or termination of the Company’s contract at FLETC‐Artesia.

D. Maintenance employees shall be responsible for replacing broken and/or lost personal tools. Employees shall not leave their personal tools unsecured at the work site. Employees shall not use their tools inappropriately (e.g. using a screw driver as a crowbar).

XII. Tool inspections. The Company may conduct random tool inspections or inventory of maintenance employees’ tools not less than on a quarterly basis.

ARTICLE 10: ACCIDENT REPORTING

I. All work‐related injuries and illnesses must be timely reported to a supervisor by the employee in sufficient detail to enable the Company to prepare the necessary report of injury. The Company shall provide a legible copy of the “Employer’s First Report of injury” to the injured individual and the Local Union Business Manager, if the injured individual consents.

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II. In the event of a fatal injury, the Company shall inform the Local 953 Business Manager by telephone within 24 hours.

III. All employees are required to submit to post accident drug and/or alcohol testing. When appropriate, the employee will be escorted to a facility for submission of drug/alcohol testing. Failure to submit to drug/alcohol testing as directed by the Company is a terminable offense.

ARTICLE 11: LEAVES OF ABSENCE

I. Personal leave. Except for emergency, an employee requesting a leave of absence without pay for personal reasons not covered by another form of leave shall make application in writing two (2) weeks prior to their supervisor on a form to be provided for that purpose by the Company. A discretionary leave of absence may be granted for personal reasons not less than five (5) calendar days and not to exceed thirty (30) calendar days as production requirements permit, upon satisfactory application of the employee and approval of the Company in its sole discretion. This does not apply to leave which qualifies pursuant to the Family and Medical Leave Act. Any leave of absence that qualifies under FMLA must be requested according to the FMLA rules and the Company’s FMLA policy.

II. Union Convention. Upon written request from the Union with at least thirty (30) days advance written notice, a leave of absence without pay for a period not to exceed ten (10) calendar days in any calendar year shall be granted to not more than one (1) employee to attend a Union convention, unless the absence of the particular employee would prevent the Company from satisfying its obligations under its contract.

III. Union Activity. Upon written request from the Union with at least thirty (30) days advance written notice, an employee elected or appointed for full‐time Union activity necessitating a leave of absence shall be granted such leave without pay, not to exceed ten (10) calendar days in any calendar year shall be granted to not more than one (1) employee, unless the absence of the particular employee would prevent the Company from satisfying its obligations under its contract. This leave may be renewed upon written application by the Union.

IV. Maternity or Paternity leave will be granted and must be requested in accordance with the applicable provisions of the Family and Medical Leave Act and New Mexico State law and the Company FMLA policy. Time spent on qualified FMLA leave shall count for earning of vacation or sick leave as long as the employee is receiving sick or vacation pay during the FMLA leave.

V. Military Service Leave will be granted and must be requested in accordance with the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”).

VI. Benefits. The Company provides the Health & Welfare Benefits under Article 25 for each eligible employee on a monthly basis. Subject to the Health & Welfare Benefit plan or policy terms, Health & Welfare coverage is typically in effect for the entire month to which the Health & Welfare payment relates if an employee is active on the first of the month, regardless if an employee takes unpaid leave later that month. Health & Welfare benefits therefore remain in effect while an employee is on an approved leave (when such is not a qualified FMLA leave) through the end of any month for which a Health & Welfare payment relates. Employees who qualify for FMLA leave are entitled to coverage as provided in the Company’s FMLA policy and section X of this Article.

VII. Accruals. Time spent on any unpaid leave of absence shall not count for earning of vacation or sick days.

VIII. Concurrent Use of Accruals. All accumulated and applicable paid leave must be exhausted concurrently with being placed on leave without pay status, except for military service. It is understood that for

Collective Bargaining Agreement 10/1/2018 to 9/30/2021 Page 9 leave of absence for Union business, leave will be granted in accordance with sections (II.) and (III.) above. The Company will not approve vacation requests that include unpaid time off.

IX. Reinstatement. Upon timely return from an approved leave of absence (with a satisfactory release to safely resume work when applicable) the employee will be reinstated to the same or similar position including its corresponding current pay.

X. FMLA: The Company shall grant medical and other forms of leaves of absence which qualify under the Family and Medical Leave Act (FMLA) in a manner consistent with applicable FMLA law and the Company FMLA policy, unless an exception applies, such as the 50 employee rule. If the need for leave continues beyond the maximum period allowed by the FMLA, such employee may request additional leave of absence as Personal Leave. Approval of Personal Leave is at management’s discretion.

ARTICLE 12: JURY DUTY

I. The Company will pay up to twenty‐four (24) hours total per calendar year as jury pay for time served on a jury due to a jury summons or subpoena. Employees must timely notify the Project Manager in advance and provide the original jury summons or subpoena. To receive jury pay, an employee must provide satisfactory documentation of court attendance and the original check paid by the Court for jury service so that amount can be offset by the Company from the jury pay so that the total received will not exceed the straight time hourly rate. The Company will not require the employee to use vacation pay for such absences beyond the three days, but will approve voluntary requests for vacation pay to offset any pay lost because of jury duty.

II. If a jury summons would cause the absence of an employee at a time which jeopardizes the

Company’s ability to meet contract requirements, the Company shall provide a written statement for the employee to present to the court requesting rescheduling of the jury service if possible.

III. If the employee is excused from jury duty with four hours or more left in his work shift, then the employee is required to promptly report for work and finish his shift after he is excused from jury duty. If he does not timely return to work when excused, he will be subject to disciplinary action by the Company. In the event the employee is excused from jury duty with less than four (4) hours left in his work shift, he is excused from reporting to complete his shift.

IV. When jury service does not conflict with an employee’s work schedule, the employee must report to work at his scheduled starting time and complete his scheduled shift. In no case shall time spent on jury duty leave when combined with hours worked exceed twelve (12) total hours per day. The employee must request time off in advance from his supervisor if this rule will require him to not complete a full work shift. Time away on jury duty leave does not count towards hours of work for pay or overtime purposes.

V. The Employee will record time spent serving on jury duty on his time sheet.

ARTICLE 13: VACATIONS

I. Accrual by years of service. Employees will earn vacation time off with pay according to the following table:

Continuous years of service on the contract: Vacation Accrual up to maximum of:

1 but less than 5 Two Weeks (80 Hours) 5 but less than 10 Three Weeks (120 Hours) 10 but less than 15 Four Weeks (160 Hours) 15 or more* Five Weeks (200 Hours)*

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*Applies only to maintenance employees who reached 15 years or more of continuous service prior to September 1, 2015.

II. Definitions, time frames. A vacation year is the twelve (12) month consecutive period beginning with the employee’s anniversary date of employment. Accrued vacation time must be used before the end of the employee’s anniversary date of employment. Vacation is governed by the U.S. Department of Labor and is under the Service Contract Act Rules and Regulations which includes the Code of Federal Regulations. Vacation is first earned upon completion of one year's work (Anniversary date) and varies with length of service. No vacation time is available for use prior to completion of one year of consecutive service. Vacation accruals are calculated on a prorated basis according to hours paid during each year of employment based on no more than 40 hours paid per week and/or 2080 hours paid in any given year. Thereafter, vacation pay is earned on the employee’s anniversary date after completion of each year of continuous service. To the greatest extent possible, accrued vacation time must be taken within the current year. Vacation cannot be taken back to back at the end of one anniversary year and the start of the next.

III. Compensation for the vacation period shall be computed at the employee’s applicable hourly wage rate of pay (see Appendix “A”) in effect at the time the vacation is taken multiplied by the number of scheduled hours normally worked by the employee, not to exceed 8 hours per day. An employee who is terminated or terminates for any reason shall be granted payment of accrued vacation subject to Article 13 (II.)

above for any earned/accrued but unused vacation.

IV. Part‐time employees are entitled to vacation on a prorated basis. Vacation accruals will be prorated based on hours paid in the previous employee anniversary year.

V. For use of partial day vacation, time may be taken in a minimum of half hour increments.

VI. Entitlement to vacation will be based on when the employee first started working in the

Bargaining Unit specified in Article 1 on the government contract at FLETC ‐ Artesia (unless there was a break in service) and the number of scheduled hours normally worked, not to exceed 40 hours/week. If an employee had a break in service, then the contract seniority date will be defined as the most recent hire date on the contract.

Temporary layoffs or approved leaves of absence will not interrupt seniority for the purpose of eligibility for vacation. Such layoffs or leaves of absence shall, however, operate to reduce the vacation attributable to the year in which the layoff or leave occurs. Employees shall not accrue vacation while on layoff or on leave of absence.

VII. Scheduling. The Company retains the right to schedule vacations in such a way as will least interfere with the workload and efficiency of its operations and the needs of its customer, but will attempt to reach a mutually convenient schedule with each employee through the following process. Any request for vacation must be written and submitted on the applicable form to the supervisor no less than 14 days in advance of the planned time off, and must be approved in writing by the Company before the vacation begins. The Company shall allow employees to use accrued vacation within the anniversary year following the year in which it was accrued. Employees are not permitted to carry over any vacation accruals into the next anniversary year. In the event an employee does not conform to this policy and schedule their vacation time off appropriately, the Company has the right to unilaterally place an employee on paid vacation leave so that his vacation accruals will be used before the anniversary year expires. Insofar as operational requirements will permit, the Company will respect the wishes of the employee in granting vacations on dates requested by employees based on whoever has requested and been approved first, assuming the employee has sufficient vacation available for the dates requested. If there are cases where a vacation change or request conflicts with other employee vacation dates which are already set and approved, then the employee with the conflict or desiring a change must select a different non‐conflicting date or coordinate a voluntary change with the prior‐approved employee, and obtain approval from the supervisor.

Collective Bargaining Agreement 10/1/2018 to 9/30/2021 Page 11

VIII. Upon termination, all unused accrued vacation will be paid out as noncompensable hours on (or with) the final check to said employee within the time required by applicable law. Hourly fringe contributions (such as Health & Welfare, Pension, Training Fund, etc.) do not apply to cash payouts of unused vacation accruals (e.g., due to termination or the end of an anniversary year).

ARTICLE 14: HOLIDAYS

I. The following holidays will be paid at the applicable hourly wage rate of pay (see Appendix “A”) based on the number of hours that would regularly be scheduled for the day on which the holiday falls, not to exceed eight (8) hours. Holiday pay shall not constitute hours worked for purposes of calculating overtime.

New Year’s Day Memorial Day Columbus Day Christmas Day Martin Luther King Day Fourth of July Veteran’s Day President’s Day Labor Day Thanksgiving Day

II. All time worked on Holidays by employees shall be paid one and one‐half (1 ½) at the employee’s applicable hourly wage rate of pay (see Appendix “A”) in addition to Holiday pay.

III. In order for an employee to qualify for holiday pay, he must have worked his regularly scheduled work day immediately preceding the holiday and the regularly scheduled work day immediately following the holiday, unless on approved paid vacation or approved sick leave. Sick leave cannot be used to extend a holiday period. If on sick leave, the employee must produce a verifiable physician’s note validating illness or attendance at the physician’s office or clinic for the day(s) absent in order to be paid holiday pay.

IV. Employees who are scheduled to take vacation at a time during which a holiday occurs will receive the holiday pay for the holiday, and will not have to use a paid vacation day for the holiday.

V. Observance of the holidays listed in Section (I.) of this article will be on the day specified by the government at FLETC Artesia. Federal contractor employees (such as Company employees) are not entitled to the same benefits as federal government employees. Therefore, federal government declarations of a non‐holiday as an additional holiday or special time off for federal government employees is not applicable to Company employees such that Company employees will not be entitled to holiday or premium pay for work hours performed on such days. Similarly, if federal government employees are permitted to report for duty later in the day without loss of pay or permitted to leave early without loss of pay due to adverse weather or other conditions, such permission and such pay does not apply to Company employees.

VI. If an employee’s last day of work occurs the day before a holiday, he will not be paid for any subsequent holiday.

ARTICLE 15: SICK LEAVE

I. Full‐time employees are entitled to earn up to seven (7) paid sick days (i.e., 56 hours) per payroll year (prorated based on hours worked) as provided in Executive Order No. 13706 and its Final Rule. “Hours worked” for purposes of accruing sick leave includes only time an employee spends working. It does not include time when an employee is in paid time off status. Employees will accrue one (1) hour of sick leave for every 30 hours worked up to a maximum of 56 hours (7 days) in a payroll year and at any point in time. Accrued, unused sick leave is available for use when reflected on the employee’s pay stub/check. The Company shall ensure sick leave is current and accurately reflected on the employee’s pay stub/check as of the pay period ending date.

Employees are not permitted to use more leave than they have accrued as of the pay period ending date as reflected on their most recent pay stub/check.

Collective Bargaining Agreement 10/1/2018 to 9/30/2021 Page 12

II. A maximum of 56 hours accrued but unused Sick Leave per accrual year may be carried over to the next Payroll Year; however, no additional sick leave will accrue once 56 hours have been accrued.

III. Employees may request use of such Sick Pay as they have accrued for:

a. physical or mental illness, injury, or medical condition of the employee;

b. obtaining diagnosis, care, or preventive care from a health care provider by the employee;

c. 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 preventive care described in (a) or (b); or

d. domestic violence, sexual assault, or stalking, if the time absent from work is for the purposes described in (a) or (b) or to obtain additional counseling, seek relocation, seek assistance from a victim services organization, take related legal action, or assist an individual related to the employee as described in (c) in engaging in any of these activities. The Final Rule provides definitions of these terms.

IV. Part‐time employees will receive pro‐rated Sick Leave based on hours worked.

V. Sick leave cannot be taken in increments shorter than one (1) hour.

VI. Employees must request sick leave at least seven (7) calendar days in advance where the need for the leave is foreseeable or known. The Company will not unreasonably deny use of sick leave in emergency situations of employees.

VII. Employees will be required to provide appropriate certification (such as a Doctor’s note) for Sick

Leave (including for the reasons in subsection III a. – d.) if they use three (3), or more, days of Sick Leave consecutively and have up to thirty (30) days to provide such certification according to the procedure in the Final Rule. Documentation, if required from another source such as a health care provider, counselor, representative of a victim services organization, attorney, clergy, etc., as provided in the Final Rule shall be provided by the employee. The Company may also verify the authenticity of the certification provided.

VIII. There is no payout of unused Sick Leave accruals upon job separation or termination of employment. However, if the employee is rehired within 12 months after separation or termination, any accrued unused sick leave at the time of separation or termination will be reinstated (if applicable).

ARTICLE 16: BEREAVEMENT LEAVE

I. Full time employees who have successfully completed their introductory period will be paid up to a maximum of five (5) days bereavement leave for a death in the immediate family provided that the absence occurs during (i) the period beginning on the date of the death or notification of the death, and ending with the day after the funeral, and (ii) the employee's regularly scheduled workweek.

II. Paid Bereavement Leave will not apply if death in the immediate family occurs while the employee is on vacation, sick leave, leave of absence, layoff, or absent for any other reason.

III. The amount of bereavement leave is computed as follows:

A. Immediate family five (5) consecutive working days. Immediate family is defined as current spouse, mother, current stepmother, father, current stepfather, sister, stepsister, brother, stepbrother, and children or stepchildren.

Collective Bargaining Agreement 10/1/2018 to 9/30/2021 Page 13

B. Other family members – one working day. Other family members are defined as grandparent, current mother‐in‐law, current father‐in‐law, current sister‐in‐law, current brother‐in‐law, grandchildren, current guardian and current ward.

IV. Pay for bereavement leave is computed at the applicable hourly wage rate for the number of hours an employee would normally be scheduled to work while absent, not to exceed a maximum of eight hours for one day. Time off granted in accordance with this Article will not be credited as time worked for the purpose of computing overtime.

V. The Company requires verification of the absence (i.e., death certificate, newspaper article, etc.).

ARTICLE 17: COMPLAINTS AND GRIEVANCES

I. Complaints: While not considered a “grievance” as defined hereafter, employees and/or the Union representative are encouraged to engage in informal discussions with the Company to attempt settlement or prevent problems prior to the written “grievance” being filed.

II. A “grievance” within the meaning of this Agreement shall consist of disputes involving the claim of an “Incident” which constitutes a breach or violation of the Agreement, or which implicates an interpretation or application of this Agreement, where such is between the Company and the Union, or between the Company and an employee or employees covered by this Agreement. An “Incident” is the occurrence of an act or omission or condition by one part of which an employee, the Union or the Company may complain under the terms of this Agreement.

III. Timeliness: No matter shall be considered as a grievance unless it is presented within the time frames set herein after there is an Incident, unless the circumstances of the Incident made it impossible for a grievant to know that he had grounds for a grievance, in which case the grievance shall be timely if it is…