Attachment 6 - DoL WD AFGE.pdf

COLLECTIVE BARGAINING

AGREEMENT

BETWEEN

AFGE LOCAL 1869 (AFL-CIO)

AND

L5 / MBM, JV Inc.

Duration Dates: 1 October 2022 – 30 September 2027

JOINT BASE CHARLESTON,

SOUTH CAROLINA

TABLE OF CONTENTS

Preamble…………………………………………………………………………………... 3 Article 1 – Purpose and Scope………………………………………………………….. 4 Article 2 – Union Recognition and Coverage…………………………………………. 4 Article 3 – Union Security and Membership…………………………………………… 5 Article 4 – Dues Withholding; Check-off-Dues Deduction…………………………… 5 Article 5 – No Discrimination……………………………………………………………. 6 Article 6 – Union Representation……………………………………………………….. 6 Article 6 – Continued…………………………………………………………………….. 7 Article 7 – Matters Subject to Negotiation……………………………………………... 8 Article 8 – Bulletin Board…………………………………………………………… Article 9 – Hours of Work, Overtime, Shift Scheduling, Basic Work Week, Show Up, Reporting Time………………………………………………………….. 9 Article 9 – Continued…………………………………………………………………… 10 Article 10 – Holidays……………………………………………………………………. 11 Article 11 – Wages………………………………………………………………………. 12 Article 12 – Paid Benefits……………………………………………………………….. 12 Article 13 – Paid Vacation Leave………………………………………………………. 13 Article 14 – Sick Leave………………………………………………………………….. 14 Article 14 – Continued…………………………………………………………………… 14 Article 15 – Other Types of Leave……………………………………………………… 15 Article 15 – Continued…………………………………………………………………… 16 Article 16 – Seniority…………………………………………………………………….. 17 Article 17 – Health and Safety………………………………………………………….. 18 Article 18 – Individual Contracts………………………………………………………... 17 Article 19 – No Strike/No Lockout……………………………………………………… 18 Article 20 – Conduct, Discipline, and Suspension……………………………………. 19 Article 21 – Grievance Procedure and Arbitration……………………………………. 19 Article 21 – Continued…………………………………………………………………... 20 Article 22 – Uniforms and Equipment………………………………………………….. 21 Article 22 – Continued…………………………………………………………………… 22 Article 23 – Management Rights……………………………………………………….. 22 Article 24 – Position Description……………………………………………………….. 22 Article 25 – Employee Training and Evaluation………………………………………. 23 Article 26 – Equal Employment Opportunity (EEO)………………………………….. 23 Article 27 – Publication and Distribution………………………………………………. 23 Article 28 – Execution, Amendment, and Duration of Agreement…………………...24

PREAMBLE

This AGREEMENT is entered into by and between L5 / MBM, JV Inc., hereinafter referred to as the “Company”, and AFGE L-1869, AFL-CIO , hereinafter referred to as the “Union” for Joint Base Charleston located on the former Charleston AFB, as representative of all non-supervisory employees, in the mutual interest of the employees and the Company to promote and further the efficiency and economy of operations, to provide orderly collective bargaining relations, a method for the prompt and equitable disposition of grievances, and a method for the establishment of fair wages, hours and working conditions for the employees covered hereunder. In making this Agreement, it is recognized to be the duty of the parties to cooperate fully with each other, both individually and collectively, for the advancement of the purposes of this Agreement.

ARTICLE 1 – PURPOSE AND SCOPE

It is the intent and purpose of the parties hereto set forth herein the basic agreement covering wages, hours of work and conditions of employment to be observed between the parties hereto, and to provide procedures for prompt, equitable adjustments of alleged grievances to the end that there shall be no work stoppages, strikes or lockouts during the life of this Agreement.

ARTICLE 2 – UNION RECOGNITION AND COVERAGE

SECTION 2.1 RECOGNITION: The employer recognizes, the Union, Local 1869, of the American Federation of Government Employees, AFL-CIO, as the sole and exclusive bargaining representative under the provisions of the National Labor Relations Act (“Act”) for all employees described in Section 2.2 who are Joint Base Charleston employees located on the former Charleston Air Force Base, Charleston, SC.

SECTION 2.2 COVERAGE: The bargaining unit located on Joint Base Charleston, Charleston, SC, (the former Charleston AFB) is composed of the following as certified by the National Labor Relations Board (NLRB), Case No. II-RC-6166, effective November 25, 1996.

Included: All full time and regular part-time janitorial employees employed by the Employer with respect to wages, hours and all other terms and conditions of employment at Joint Base Charleston, located on the former Charleston Air Force Base, SC, under Contract No. FA4418-22-D-0003.

Excluded: All office clerical employees, professional employees, guards and supervisors as defined in the Act.

SECTION 2.3 – SUCCESSORSHIP: Subject to the rules and decisions of the NLRB, the provisions of this agreement are binding on any newly established janitorial service/general cleaning service operations(s) on Joint Base Charleston, Charleston, SC, under the authority of the employer and those employees who fall under the definition of the unit. If applicable and subject to the provisions of the Act, a successor employer is obligated to recognize and bargain with the exclusive representative before the business is transferred. The JBC Contracting Officer is responsible for informing bidding employers of the existence of this agreement and the successor employer’s obligations as defined in the Act.

ARTICLE 3 – UNION SECURITY AND MEMBERSHIP

SECTION 3.1 – SECURITY: All present employees, who are members of the Union on the effective date of this Agreement, shall remain members as a condition of employment. All present employees who are not members of the Union, and all new employees hired hereafter, shall, as a condition of employment, become members of the Union as of the effective date of this Agreement, or not later than the 31st day of their employment, whichever occurs later. All employees shall remain members for the full term of this Agreement. An employee can satisfy the requirements of this Article by paying the Union a fee, which covers chargeable expenses as required by law. Failure to comply with this requirement shall be a cause for discharge of the employee, upon written notification to the Employer, by the Union, that an employee has failed to tender the appropriate dues and fees uniformly imposed upon all employees in the bargaining unit.

SECTION 3.2 – MEMBERSHIP: Membership in the Union is separate, apart and distinct from the assumption by an employee of his equal obligation to the Union, insofar as he receives benefits equal to those received by other employees. The Union is required, under this Agreement, to represent all the employees in the bargaining unit fairly and equally, without regard to whether an employee is in good and regular standing with the Union. Terms of this Agreement have been made for all employees in the bargaining unit, and not for members of the Union only. Accordingly, it is fair and equitable that such employees in the bargaining unit assume his fair share of meeting the Union’s costs and expenses in performing its duties as the exclusive bargaining representative. The Union agrees to accept as a member, upon application without discrimination, any new employee hired by the employer for employment with the Bargaining Unit.

ARTICLE 4 – DUES WITHHOLDING DEDUCTION

SECTION 4.1 – STANDARD FORM 1187. AFGE Local 1869, AFL-CIO uses the SF 1187, “Request for Payroll Deduction for Labor Organization Dues” (SF 1187) is the only form used to initiate dues withholding for the Union and the employer agrees to honor this form for the Union. When signed by the employees, Form 1187 authorizes the employer to deduct from the employee’s paycheck each pay period the Union dues and initiation fees as certified by the Unions and remit the same within thirty (30) days, to the Union. The Union agrees that in the event of any change in the Union’s due’s structure, it will notify the employer thirty (30) days prior to the first pay period of the following month. The employer will furnish the Union the names, social security numbers, and addresses of all current and newly hired employees. The Employer, when remitting dues collected, will furnish the names and amounts collected. Also, the Employer will furnish names of members for who deductions previously authorized were not made with a reason for non-deduction.

SECTION 4.2 – DUES IN EVENT OF TERMINATION: In the event of termination of employment, Employer will notify the Union, and there shall be no obligation upon the Employer to collect dues until all other deductions have been made.

SECTION 4.3 – DUES WHEN ON LOA OR CLASSIFICATION NOT COVERED:

Payment for membership dues shall not be required as a condition of employment during leaves of absence without pay in excess of 30 days or during periods of permanent transfer to a classification not covered by this agreement.

ARTICLE 5 -NO DISCRIMINATION

It is the policy of both the Employer and Union to comply with all Federal and State Equal Employment Opportunity Laws, and not discriminate against any protected person. All Employer policies, rules, and interpretations of the Agreement shall be applied equally to employees in the bargaining unit.

ARTICLE 6-UNION REPRESENTATION

SECTION 6.1 - UNION REPRESENTATION: The number and need of stewards shall be determined by the Union, and appointments thereof will be made by the appropriate Union representative. The union will furnish the employer with a list of union stewards, officers, and will notify the employer in writing of any change(s) in the list. A current list of stewards will be posted in the permanent section of the employees’ bulletin board.

SECTION 6.2 – REPRESENTATION: Time off from duty which is reasonable, necessary, and in the public interest, without charge to leave or DSS of pay on regular working hours, (no overtime compensation) will be granted to unit employees who have been duly appointed as union officials or employee representatives. The representation functions for which time off is granted are as follows:

a. to consult with supervisors and management officials on personnel policies and practices; and matters affecting working conditions;

b. to prepare necessary correspondence in connection with formal or informal meetings with supervisors and managers;

c. to receive, advise, represent and investigate to conclusion employee complaints or grievances (time to be cleared with project manager);

d. to advise employees of the rights and procedures for resolving complaints or grievances (time to be cleared with project manager);

e. to be the personal representative of an employee at the employee’s request in grievances and appeals;

f. to represent an employee or the union, or to serve as an observer at a grievance or appeal hearing (time to be cleared with project manager);

g. to assist an employee in the preparation of a reply to a notice of a proposed disciplinary or adverse action, and in the case of an adverse action, to accompany and represent the employee when presenting the reply;

h. to prepare a grievance on behalf of the union concerning an alleged violation of this agreement; and

i. to assist in preparation of an employee grievance.

SECTION 6. 3 – PROCEDURES FOR USE OF COMPENSABLE TIME: The Union Officer or stewards will be excused by their supervisor to perform authorized representation functions. Permission will be granted subject to workload requirements.

The union official will inform his/her supervisor of the amount of time required and will notify the supervisor if the absence will be longer than estimated. Upon completion of the authorized representational duties, the union official will report back to the work area. If workload requirements preclude releasing the union official or steward at the time of the request, the official/steward will be released at the earliest opportunity. The union will guard against excessive time for such activities and will encourage all employees in the unit, stewards and officers to engage only in those activities authorized by this agreement.

SECTION 6.4 – UNION VISITS: Authorized representatives, Union President and/or other duly designated union representative(s) shall have access to the Employer’s establishment during working hours for the purpose of adjusting disputes, investigating working conditions, collection of PAC Fund monies, and ascertaining that the Agreement is being adhered to, provided, however, that reasonable advance notice of (at least 24 hours) except for emergencies relating to safety) be given so that such visits do not unduly interfere with the Employer’s operation.

SECTION 6. 5 – TRANSFER OF UNION REPRESENTATIVE: The Employer agrees that in the event it is planned to transfer a steward, officer, or representative from one work shift and/or shop to another, it will inform the Union forty-eight (48) hours prior to taking such action.

SECTION 6.6 – TRAINING: Workload permitting, the employer agrees to grant time off with pay for officers and stewards to attend union approved and/or sponsored training.

Union requests to attend training will be submitted by giving the employer two weeks (14 days) advanced written notice.

ARTICLE 7 – MATTERS SUBJECT TO NEGOTIATION

SECTION 7.1 – INFORMATION SHARING: In the spirit of mutual cooperation, this agreement encourages the exchange of ideas between the employer and the union on matters of interest to unit employees.

SECTION 7.2 – DEFINITION: In this agreement the term “negotiation” is defined as any dialogue either oral or written between the employer and the union on a specific issue or issues. The objective is reaching mutual agreement regarding proposed implementation of personnel policies, practices, and matters affecting the conditions of employment to the extent permitted by applicable laws.

SECTION 7.3 – APPROPRIATE MATTERS: Matters appropriate for negotiation are personnel policies, practices, and other terms or conditions of employment. These matters include, but are not limited to, safety, training, labor-management relations, employee services, methods of adjusting grievances, leave, wages, hours of work, and promotion/demotion and disciplinary procedures.

SECTION 7.4 – OBLIGATION TO MEET: Any desired change(s) in matters affecting wages, hours, benefits, and or other working conditions desired by either party will not be made without the parties meeting their obligation to bargain under provisions of the Act. The obligation to meet and negotiate in good faith includes the obligation:

a. to approach the negotiations with a sincere resolve to reach a collective bargaining agreement;

b. to be represented at negotiations by duly authorized representatives prepared to discuss and negotiate on any condition of employment.

c. to meet at reasonable times and convenient places as frequently as may be necessary and to avoid unnecessary delays;

d. to furnish to the exclusive representatives upon request and to the extent not prohibited by law, data:

(1) which is normally maintained by the employer in the regular course of business, and

(2) which is reasonably available and necessary for full and proper discussion and understanding of subjects within the scope of collective bargaining; and

e. if agreement is reached, to execute on the request of any party to the negotiation a written document embodying the agreed terms, and to take such steps as are necessary to implement such agreement.

SECTION 7.5 – PAST PRACTICES: Any prior benefits, practices and understandings in effect on the implementation date of this agreement and not specifically covered by the agreement will remain in effect unless changed in accordance with this article.

SECTION 7.6 – PROPOSALS ON WORKING CONDITIONS: When the employer proposes a change in conditions of employment, the union has the right to present its views and suggestions and/or request negotiation. The union’s input will be considered when developing and implementing the proposal. If the union doesn’t present its views or request negotiation within fourteen (14) calendar days after receipt of the proposed change, the employer may implement. If the union request negotiation, the parties will meet within fourteen (14) calendar days or at a mutually acceptable time.

SECTION 7.7 – IMPASSE: Impasse procedures will be in accordance with provisions of the Act. All economic sanctions over disputes or impasses will be open to either party pursuant to the Act.

ARTICLE 8 – BULLETIN BOARD

SECTION 8.1 – ACCESSIBILITY: The employer agrees to have a company and union bulletin board placed in the employee break room in full view of the employees; the union is responsible for providing the union bulletin board.

SECTION 8.2 – POSTINGS: The employer agrees to post the following information on Employee/Union bulletin boards:

a. Notice of all vacancies which will remain posted for ten (10) workdays.

b. Employee work schedule will be posted one (1) week prior to the effective work date. Posted schedules are subject to change due to operational needs.

The employer will notify employees of any changes as soon as possible.

c. All company policies and regulations/posted as required.

d. Memorandum of Agreement posted permanently.

ARTICLE 9 – HOURS OF WORK,

OVERTIME, SHIFT SCHEDULING, BASIC

WORK WEEK, SHOW UP, REPORTING TIME

The provisions of this Article shall not be construed as a limitation upon the number of hours per day, per week, the Employer may operate business or schedule employees;

nor shall it be construed as a guarantee of the minimum of hours available to employees.

SECTION 9.1- ASSIGNMENT: The employer agrees to assign work hours on a fair and equitable basis. Employees will be notified of the work schedule at least one (1) week prior to the effective date.

SECTION 9.2 – SHOW-UP, REPORTING TIME AND EMPLOYEE CALL BACK:

Any employee reporting for work at his/her regular starting time, when he has not been notified not to report and for whom no work is provided shall receive two (2) hours pay at his regular hourly rate. Any employee reporting to work and who is assigned work shall be paid for no less than two (2) hours at his regular rate, or for actual hours worked, whichever is greater. Any employee called in outside his regular work hours, or on his scheduled day off shall be guaranteed/ receive a minimum of two (2) hours pay at the regular rate.

SECTION 9.3 – WORK WEEK: All employees shall be assigned to work in accordance with the hours and shifts determined by the Employer. The regular work week for all employees shall begin at 12:01 a.m. on Sunday. The Employer will make every effort in scheduling to ensure that no employee works more than seven (7) consecutive days.

Due to the inconsistent tasks and frequency scheduling, required by the contracting agency, the Union recognizes the fact it is impossible to place all of the employers’ employees on fulltime schedule.

SECTION 9.3 – WORK WEEK: All employees shall be assigned to work in accordance with the hours and shifts determined by the Employer. The regular work week for all employees shall begin at 12:01 a.m. on Sunday. The Employer will make every effort in scheduling to ensure that no employee works more than seven (7) consecutive days.

Due to the inconsistent tasks and frequency scheduling, required by the contracting agency, the Union recognizes the fact it is impossible to place all of the Employers’ employees on fulltime schedule.

SECTION 9.4 – DAYS OFF AND SHIFT CHANGES: Except if operational needs require otherwise, each full-time employee shall have two (2) scheduled days off in each regular work week. When possible, the Employer must notify the affected employee at least two (2) calendar days in advance of any change in regular “scheduled days off”. Where employees are required to maintain continuous operation of departments of assignments, days off may be fixed or rotated consistent with the requirements of service. The Employer will make every reasonable effort to arrange work schedules so that a maximum number of employees will be off on Saturdays and Sundays consistent with operational requirements.

SECTION 9.5 – OVERTIME: The following provisions apply to assignment of overtime:

a. overtime shall be paid at the rate of one and one-half (1 ½) times the straight hourly rate for hours in excess of forty (40) hours a week.

b. no overtime will be worked except by prior direction of the proper supervisory personnel of the Employer.

c. the employer will distribute overtime work as is necessary, and as fairly possible, between employees affected by such overtime work. The employer may require an employee to perform overtime work. The employer will grant exceptions to assigning overtime if the employee demonstrates that overtime work would impair his/her health, or the supervisor determines such assignment would cause extreme hardship to the employee or for other valid reasons.

SECTION 9.6 – BREAKS AND MEAL PERIODS:

a. Breaks: Employees will be granted a rest period of fifteen (15) minutes duration at or near the midpoint of each continuous four (4) hours of work.

Employees are on duty in a pay status during a rest period or break.

b. Meals: Employees are authorized a minimum of thirty (30) minutes non- Compensable meal period to be taken at or near the midpoint of their scheduled shift.

ARTICLE 10 – HOLIDAYS

SECTION 10.1 – OBSERVED HOLIDAYS: Holidays will be observed per government observance. All bargaining unit employees are entitled to the following holidays off with pay:

New Year’s Day January 1 Martin Luther King, Jr. Birthday Third Monday in January Presidents’ Day Third Monday in February Memorial Day Last Monday in May Juneteenth Day June 19th Independence Day July 4th Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day November 11 Thanksgiving Day Fourth Thursday in November Christmas Eve December 24 Christmas Day December 25th Employee’s Birthday If birthday occurs on weekend, the next regular workday will be the

Employee’s paid day off; otherwise it will be on the day that it falls on.

SECTION 10.2 – HOLIDAY WORK: Employees may be required to work on a holiday.

Employees who do not want to work a holiday must request the day off; as appropriate, from their supervisor. Holiday work assignments will be accomplished by volunteers, if possible, using seniority as a determining factor. If there are no volunteers, supervision will assign holiday work using inverse order of seniority.

SECTION 10.3 – HOLIDAY PAY: Holidays for which an employee works will be compensated at time and a half of the hourly base rate of pay as set forth in this contract.

SECTION 10.4 – IN CONJUNCTION WITH VACATION: In the event a holiday falls within a vacation period, an employee’s vacation will be extended one (1) day with pay at the regular hourly rate.

ARTICLE 11 – WAGES

SECTION 11.1 CLASSIFICATION AND WAGES: Classification and wages will be as follows:

Classification Hourly Rate Janitor, Days $15.43 Janitor, Nights $15.73

SECTION 11.2 - SHIFT DIFFERENTIAL: Any employee who works between the hours from 5:00PM to 5:00AM shall receive thirty cents ($0.30) per hour as indicated in Section 11.1 for Janitor nightshift.

ARTICLE 12 – PAID BENEFITS

SECTION 12.1 – HEALTH AND WELFARE: Effective in this agreement, the employer agrees to pay $4.70 per hour for Health and Welfare to all bargaining unit employees for all hours worked, including vacation and holidays. Any changes to Health and Welfare are subject to negotiation.

SECTION 12.2 – PENSION: The company shall contribute to AFGE Local 1869, pension fund in the sum of one dollar and fifteen cents ($1.15) per hour for all straight time hours worked plus all hours of paid vacation, holidays and sick leave, for each employee covered by this Agreement not to exceed forty hours (40) in any week.

SECTION 12.3 – EMPLOYEE WAGE STATEMENT:

(A) The employer shall adhere to the Labor and Employment law per the state of South Carolina pertaining to Employee Wage Statements for L5 / MBM JV employees.

SECTION 12.4 – UNION/EMPLOYER OBLIGATIONS: In executing this Agreement, the Company agrees to be bound by the terms and conditions of the Agreement and Declaration of Trust establishing the AFGE Local 1869 Pension Plan and any amendments duly adopted thereto.

In executing this agreement, all parties agree to be bound by all terms and conditions required through establishment of Health and Welfare and Pension coverage.

ARTICLE 13 – PAID VACATION LEAVE

SECTION 13.1 - PURPOSE: Vacation time is the right of the employee. All regular employees will receive vacation pay in accordance with the following schedule:

After one (1) – year of uninterrupted service 1 week After five (2) – years of uninterrupted service 2 weeks After five (5) – years of uninterrupted service 3 weeks After ten (10) – years of uninterrupted service 4 weeks

SECTION 13.2 – COMPUTING SERVICE TIME: For purposes of this Article, service time is computed from the employee’s date of hire to each anniversary date. Length of service includes the whole span of continuous service with the present (successor) contractor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility.

SECTION 13.3 – SCHEDULING: Vacation time may be used in increments of one, two or three (1-3) days, work permitting and approved by the supervisor, under the following conditions: All conditions currently listed under this section shall remain the same.

a. For period of less than one (1) week, the employee will give the employer at least fourteen (14) days advance notification.

b. For periods of one (1) week or more the employee will give the employer at least 30 days advanced notification.

c. The vacation period runs from the employee’s anniversary date to anniversary date. When establishing a leave schedule, the employer will give full consideration to the employee’s preferred vacation period. If scheduling conflicts occur, the supervisor will confer with the employees concerned to obtain mutual agreement to resolve the conflict. If this step fails, the conflict will be resolved by using operating needs, skills available, and employee’s seniority as determining factors. The senior employee may exercise seniority preference for vacation leave only once per year.

SECTION 13.4 – VACATION PAY: An employee leaving the services of the company for any reason will receive all earned, unused vacation pay within 14 calendar days of the employees last day of employment. If the Company consents, the employee may elect not to take his/her vacation, in which case he/she will receive pay in lieu thereof on the anniversary date of his/her employment.

**PLEASE NOTE: In this section, we do not agree that an employee can request vacation pay prior to taking leave. We have pay dates and pay periods in place already and all payments for regular hours, vacation hours, holiday hours and sick leave hours will be paid accordingly. For example, if an employee takes leave from July 20th – July 23rd, their vacation pay will be paid out on August 10th.

ARTICLE 14 – SICK LEAVE

SECTION 14.1 – PURPOSE: Sick leave is a qualified right of all employees.

Employees employed from date of hire to their one (1) year anniversary date will accrue four (4) hours of sick leave per month [six (6) sick leave days per year]. Employees employed after one (1) year of service will accrue one (1) day of sick leave per month worked [twelve (12) sick leave days per year]. Upon request and in an amount not to exceed sick leave accrual, all employees will be granted paid sick leave when they:

a. Receive medical, dental, or optical examination or treatment;

b. Are incapacitated for the performance of duties by sickness, injury, or pregnancy confinement;

c. Are required to give care and attendance to a family member or for purposes relating to the death of a family member;

d. Would jeopardize the health of others because of exposure to a contagious disease; or

e. Participate in a drug or alcohol counseling or rehabilitation program.

f. have accrued a minimum of one (1) day of sick leave.

Any employee, who voluntarily resigns from the employment of the Company and having accrued less than one (1) day of sick leave, shall not be entitled to sick leave pay.

SECTION 14.2 – NOTIFICATION: Employees unable to work because of injury, illness, or pregnancy confinement will contact their immediate supervisor or designated alternate as soon as possible, prior to their scheduled shift, to request sick leave unless emergency conditions preclude advance notification. Employees unable to contact the supervisor personally because of incapacitation may designate someone else to do so.

The same notification procedures apply to employees who become sick or injured while on duty.

SECTION 14.3 – MEDICAL CERTIFICATION: An employee absents from work on sick leave for three (3) consecutive days or less will not be required to furnish a doctor’s certification to substantiate the need for leave. The employer may require an employee absent from work on sick leave for more than three (3) consecutive days and under a doctors’ care to furnish a doctor’s certificate.

a. Return to Normal Duties. An employee returning from sick leave will not routinely be required to provide a doctor’s certification as a condition for resuming normal duties. If there is reason to doubt the employee’s ability to resume normal duties without personal risk and/or risk to others, the employer may require a medical certificate from the employee’s physician releasing the employee to resume normal duties and/or stating work restrictions.

b. Light Duty. If recommended by an attending doctor, the immediate supervisor will assign light duty, normally not to exceed three (3) months. Light duty assignments may be extended by mutual agreement between the supervisor and the employee. Light duty will be assigned if it:

1. Is available;

2. Is of productive use to the employer;

3. Does not conflict with employee’s medical restrictions; and

4. Does not pose a safety or health hazard to others.

SECTION 14.4 - SICK LEAVE ABUSE: An employee may be required to furnish a doctor’s certificate to substantiate each period of sick leave in cases of suspected abuse as follows:

a. Prior to requiring a doctor’s certificate, the following steps are taken

1. The supervisor identifies a behavior pattern causing suspicion of abuse.

2. If substantiated, the supervisor counsels the employee and records the counseling in the employee’s on-site personnel file.

3. If after a three (3) month evaluation period there is no suspected sick leave abuse, the counseling entry is removed from the employee’s file.

b. If the suspected abuse continues at any time during the three (3) month evaluation period, the employee is officially notified in writing of the requirement to furnish a doctor’s certificate for each period of sick leave (Sick Leave Abuse Letter). The supervisor will then review the employee’s sick leave record every six (6) months.

1. If during the evaluation, the employee complies with the Sick Leave

Abuse Letter, the requirement for the doctor’s certificate is discontinued. The leave abuse letter will remain in the employee’s record for six (6) months.

2. If the employee fails to comply with the Sick Leave Abuse Letter, further action may be taken.

SECTION 14.5 – UNUSED SICK LEAVE: When an employee leaves the services of the employer, the employee will receive full pay for all unused sick leave (within the current contract year) with the final paycheck to be paid in full within 14 calendar days of the employees last day of employment.

ARTICLE 15 – OTHER TYPES OF LEAVE

SECTION 15.1 – COURT LEAVE: Employees summoned to service on a jury on their regular scheduled workday will be paid the difference between the amount they receive for jury duty and their usual rate of pay. In order to be eligible for the compensation, employees must furnish to the employer a written statement from the clerk of court showing they were summoned, and the amount of compensation received from jury duty.

SECTION 15.2 – MILITARY LEAVE: Military leave is absence from the employee’s civilian position to perform military duty.

a. Employees entering military service of the United States during the life of this agreement will be placed on military leave of absence in accordance with the provisions of the Universal Military Training and Service Act. Employees will retain their seniority while in such service and be returned to their former positions, if it still exists upon honorable discharge from service, provided they are physically and mentally capable of working.

b. An employee with sixty (60) days of continuous service who is a member of the military reserve unit and who was required to participate in active training will be granted a leave of absence without pay for the period of such training duty, not to exceed thirty (30) days in any year.

c. An employee applying for leave under this article will give the employer at least ten (10) workdays notice prior to reporting date, if possible.

SECTION 15.3 – BEREAVEMENT LEAVE: In instances of the death of a member of the immediate family of an employee, occurring after the completion of the employee’s probationary period, the Company will grant a paid leave of not more than three (3) days to enable such employee to attend the funeral and otherwise assist in arrangements pertaining to the burial of a member of the family. A day’s pay will consist of the employee’s regular base rate for the hours scheduled for the time during which the bereavement leave occurs and shall be applicable only to the days within his/her regular work week. The term “immediate” family used herein is defined as consisting of the following members only: Mother, Father, Spouse, Children, Brothers, Sisters, Grandparents and Grandchildren. Proof of the death of a member of the immediate family should be submitted on the first day of employees return to work.

SECTION 15.4 – PERSONAL LEAVE OF ABSENCE: A personal leave of absence without pay, for reasonable cause, as determined by the Employer, may be granted for a period up to one hundred eighty (180) calendar days, with written approval of the employees’ supervisor at least fifteen (15) days in advance of such leave of absence, providing the employees can be spared from his/her regularly assigned job duties.

Employees who are away for a period longer than the term of the leave of absence, or who accepts employment elsewhere without permission of the Employer during such leaves of absence, shall be considered to have voluntarily terminated their employment with the Employer. Employees shall not receive holiday pay for any holiday, which falls during the period they are on leave without pay. Employees on leave of absence without pay shall not receive any accrued vacation for that period of absence. A leave of absence under this section will not be considered employment time for seniority.

SECTION 15.5 – FAMILY AND MEDICAL LEAVE ACT: The Employer will comply with the provisions of the Family and Medical Leave Act. Nothing contained in the

Agreement is intended to interfere with or impede the Employer in meeting its obligations under the Family and Medical Leave Act, including the ability of the Employer to require the use of paid time when applicable.

ARTICLE 16 - SENIORITY

SECTION 16.1 – DEFINITION: The Employer recognizes seniority which shall be based upon the employee’s length of continuous service with previous, present, and succeeding employers, according to the Employer’s and Union’s records. This is an important factor to be considered by the Employer in consideration of shift assignments, promotions, transfers, demotions, layoffs, and recalls after layoffs within the unit. It is understood, however, that the Employer will seriously consider efficiency and capability, and provided that only when these factors are equal, seniority shall prevail. It is understood the Employer shall give first consideration to all transfer requests from employees within the unit prior to hiring from the outside. Management has the right to move employees for bona fide reasons.

SECTION 16.2 – SENIORITY RIGHTS: No employee shall acquire any seniority rights until he/she has been continuously employed by the present Employer for a period of ninety (90) calendar days. The employee’s seniority for employees who pass the probationary period shall be the date of hire. Every new employee shall be on probation for a period of ninety (90) days and during this probationary period an employee may be dismissed for any reason considered justifiable by the Employer. Any employee so dismissed shall not have a right to invoke the grievance and arbitration procedure of this Agreement.

SECTION 16.3 – BREAK IN SENIORITY: A break in seniority shall occur in the following events:

a. If an employee quits.

b. If an employee is discharged for cause (unless the employee is reinstated through adjudication of action).

c. If an employee takes an unauthorized leave of absence.

d. If an employee is laid off for more than six (6) months.

e. If an employee leaves due to military Permanent Change of Station assignment.

SECTION 16.4 – SENIORITY LIST: The Employer shall furnish the Union with an up-to-date seniority list quarterly beginning with the month of January, which shall be reviewed every two (2) months by the Union.

ARTICLE 17 – HEALTH AND SAFETY

SECTION 17.1 – OBJECTIVES: Work practices and conditions pertaining to health and safety are included in 29 CFR 1960, Executive Order 12196, Occupational Safety and Health Act (OSHA)/Air Force Occupational Safety and Health (AFOSH) regulations and other applicable laws, rules and regulations.

SECTION 17.2 – WORKERS COMPENSATION/MEDICAL TREATMENT: The Employer provides Workers’ Compensation coverage for employees who sustain an injury or contract a sickness covered by Workers’ Compensation. The Employer will pay the injured or sick employee the difference between hours actually worked and hours scheduled on the date of the compensable injury. The Employer is responsible for providing the required Workers’ Compensation forms to employees, in turn, the employee provides them to the Medical Treatment Facility or private physician. At no time will this requirement impede an employee from receiving prompt medical attention.

The Employer will promptly process the claims in accordance with applicable state and federal laws, rules, and regulations.

ARTICLE 18 – INDIVIDUAL CONTRACTS

No employee shall be compelled or allowed to enter into any individual contract or agreement with his employer concerning the conditions of employment contained herein.

ARTICLE 19 – NO STRIKE/NO LOCKOUT

SECTION 19.1-INTENT AND PURPOSE: It is the intent and purpose of the parties’ hereto, to set forth herein, the basic Agreement covering wages, hours of work, and other terms and conditions of employment to be observed by the parties and to provide a procedure for the prompt and equitable resolution of disputes and grievances arising between the parties. Accordingly, it is agreed there shall be no interruption in, or impediments to, the Employer’s operations, or any stoppages, strikes, or that the Employer shall lockout the employees during the life of this Agreement arising out of such dispute or grievance. Instead, such disputes and grievances shall be peacefully resolved under the grievance procedure provided in Article 21, Grievance Procedure and Arbitration.

SECTION 19.2 – UNAUTHORIZED STRIKES: It is agreed in all cases of any unauthorized strikes, slowdowns, walkouts, sympathy strikes, or any other unauthorized acts of employees of the Employer, or of any affiliated Local Union and/or Union Council or official thereof, the Union shall promptly undertake to induce employee to return to their jobs, and no liability shall attach to the Union unless, and until, any such unauthorized act has been authorized or condoned by the Union.

SECTION 19.3 – EMPLOYER RIGHTS UNDER THIS ARTICLE: The Employer reserves the right to discharge or otherwise discipline any employee taking part in any violation of this provision of the Agreement.

ARTICLE 20 –CONDUCT, DISCIPLINE, AND SUSPENSION

SECTION 20.1 – PURPOSE AND POLICY: The purpose of discipline is to maintain good order and morale. Supervisors and managers have the authority to maintain proper conduct among their employees. Any disciplinary action should only be for just cause. No employee will be discharged, suspended or otherwise disciplined without just cause. Examples of “just cause” for the purpose of this Agreement, include but are not limited to sabotage, excessive tardiness, absenteeism, drunkenness or use of illegal drugs on the job, insubordination to supervisory personnel, reduction of performance in terms of quality and quantity of production, theft or any willful violation of Employer rules. Upon condition that Employer rules do not conflict with the provisions of this Agreement. The employer will use progressive discipline to correct and improve employee behavior.

SECTION 20.2 – EXAMINATION OF FACTS: The supervisor will attempt to ascertain pertinent facts, both for and against the employee, before taking disciplinary action. If the supervisor determines that disciplinary action is appropriate, the employee will be advised.

SECTION 20.3 – DISCUSSIONS: If the supervisor has reason to counsel or orally admonish an employee, or discuss other disciplinary action, it will be done in a private manner that will minimize embarrassment in front of other people. Prior to an interview or discussion which may contain the topic of discipline or which could lead to disciplinary action, the employer will inform the employee of the right to union representation. If an employee requests representation, the meeting will not start until the union representative is present.

SECTION 20.4 – INITIATION OF ACTION: Disciplinary action will be initiated within thirty (30) calendar days after an event warranting such discipline, or of the supervisor becoming aware of the event.

ARTICLE 21 – GRIEVANCE PROCEDURE AND ARBITRATION

SECTION 21.1 – PURPOSE: The parties to this Agreement, in the interest of resolving all disputes, complaints or grievances, in connection with the interpretation or application of the terms of this Agreement, have settled upon the orderly and peaceful procedures described in this Article.

SECTION 21.2 – DEFINITION: A grievance is defined as any complaint by an employee, the Union, or the Employer concerning any condition of employment or any alleged misinterpretation, application, or violation of this Agreement.

SECTION 21.3 – ADHERENCE TO TIME LIMITS: The time limits specified in the grievance procedure are critical to prompt and effective problem resolution. Time limits must be met; however, they may be extended by mutual consent.

SECTION 21.4 – GRIEVANCE PROCEDURE:

Step 1 – Informal Grievance,

(1) An employee must bring a grievance to the Company’s Project Manager, in writing, within twenty-one (21) workdays after the event that gave rise to the grievance, or the date the employee became aware of the event. In the calculation of time limits under the Grievance Procedure, Saturdays, Sundays, and holidays are excluded.

(2) The Project Manager, the employee and the Union Shop Steward or other Union Representative will meet and discuss the grievance within

Five (5) workdays after receipt of the written grievance.

(3) The Project Manager will render a decision in writing within ten (10) workdays after the grievance discussion.

Step 2 – Formal Grievance.

(1) If the grievance is not resolved at Step 1, the employee and/or the

Union Representative has ten (10) workdays from the date of the decision to present the grievance to the Company President or designee.

(2) The Step 2 grievance will be in writing and contain:

(a) employee’s name, duty/home phone, and address;

(b) representative’s name, duty phone, and address;

(c) specific nature of the grievance (time, place, date of event, etc.);

(d) efforts made to resolve the grievance under Step 1 and the decision rendered;

(e) the contractual provision(s) allegedly violated, if applicable; and

(f) remedy or corrective action desired.

(3) The Company President or designee will render a written decision within ten (10) workdays of receiving the formal grievance. If necessary, in more complex cases such as termination of employment or other serious issues either party may request a teleconference or meeting to discuss and resolve relevant facts in connection with the grievance. Meetings will be held on Joint Base Charleston (JBC). For AFGE L-1869 it will be at the former CAFB side of JBC at a mutually agreeable date and time.

(4) If no satisfactory settlement is arrived at within this ten (10) day period, either party may refer the matter to Step 3, Arbitration. The time periods may be mutually extended.

Step 3 – Arbitration.

(1) The party invoking the provision of Step 3 shall call upon the Federal Mediation and Conciliation Service to supply both the Employer and the Union with a list of arbitrators consisting of at least seven (7) individuals who would serve as arbitrator. The parties may then invoke the procedures to strike off objectionable names. The decision of the Arbitrator shall be final and binding upon both parties. The cost of such arbitration shall be shared equally by both parties.

(2) The parties may, by mutual consent, select a mutually acceptable neutral to act as a temporary or permanent arbitrator for disputes arising under the terms of this agreement. The time frames, as in the

First and Second Step Grievances, may be extended by mutual agreement by the Union and Employer.

SECTION 21.5 – ARBITATOR’S DECISION: The decision of the arbitrator is final and binding upon the parties. Any dispute over application of an arbitrator’s award will be returned to the arbitrator for settlement. Either party may file an exception to an award with the National Labor Relations Board (NLRB) in accordance with applicable laws.

Any changes in existing conditions required by the award will not be implemented until NLRB renders a decision.

SECTION 21.6 – COPIES OF ALL REPRIMANDS: Copies of all reprimands shall be given to the Union and employee involved at the time the discipline is imposed.

SECTION 21.7 – UNION OR EMPLOYER INITIATED GRIEVANCE: Union or employer initiated grievances will be presented within fifteen (15) work days of the occurrence of the event or action. The grievance will be presented at the level with the authority to address the concerns. Grievances may be presented using the above procedure or as a single step before arbitration at the Chief Company Officer (or designee)/Union President level.

ARTICLE 22 – UNIFORMS AND EQUIPMENT

SECTION 22.1 – NO COST TO EMPLOYEE: All uniforms and equipment as required by the Employer shall be furnished by the Employer at no cost to the employee. The Contractor shall furnish all employees an adequate number of uniforms, minimum of two (2). When such uniforms furnished are made of “wash and wear” material and may be routinely washed and dried with other personal garments and do not require any special treatment such as dry cleaning or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs. Employees are responsible for the maintenance of uniforms and equipment issued by the Company. The L5/MBM JV will consider suggestions and or feedback regarding uniforms for employees.

SECTION 22.2 – PROPERTY OF EMPLOYER: All uniforms and Company equipment remain the property of the Employer and must be returned to the Employer upon termination of employment. Failure to comply with this requirement will result in the cost of said uniform and equipment being deducted from any monies due to the employee.

ARTICLE 23 – MANAGEMENT RIGHTS

The Employer retains certain rights, powers, and responsibilities, which are exclusively vested in the Employer, except only as they may be subject to specific and express obligations of this Agreement. Among those rights, powers, and responsibilities, but not wholly inclusive, are all matters concerning or related to the management and administration of the business and the direction of the working forces, including (but not limited to) the right to discipline, suspend or discharge for just cause; to lay off for lack of work or for any other legitimate reason; to hire, classify, transfer, assign work, promote, demote, or recall; to make and enforce reasonable rules and regulations; to determine the starting and quitting time and the number of hours to be worked; to determine the products, process, and extent of the business production, the types and quantities of machinery, equipment and materials to be used, the nature, extent, duration, character and method of operation including the right to contract out or subcontract; the right to determine the number, utilization and kind of personnel and quality and quantity of workmanship and work required to ensure maximum mobility, flexibility, and efficiency of operations; to establish and enforce fair production standards; and to determine the size, number and location of its facilities; all of which are vested exclusively in the Employer and all rights not specifically relinquished by the Employer in this Agreement shall remain the Employer’s. The Employer agrees to meet and give the Union a chance to give input and discuss any changes that would adversely affect employment opportunities caused by subcontracting.

ARTICLE 24 – POSITION DESCRIPTION

SECTION 24. 1 – PURPOSE: The purpose of a position description (PD) is to describe the primary assigned duties and responsibilities of the position for pay and classification purposes.

SECTION 24.2 – EMPLOYEE RIGHTS: Employees are entitled to know the duties and responsibilities of their positions.