Attachment B-6 Collective Bargaining Agreement.pdf

COLLECTIVE BARGAINING

AGREEMENT

BETWEEN

INTERNATIONAL UNION OF OPERATING

ENGINEERS

LOCAL 68-68A-68B, AFL-CIO

AND

VELOCITI SERVICES

Site: William J. Hughes Technical Center Atlantic City International Airport, New Jersey

July 1st, 2023 – June 30th, 2026

DocuSign Envelope ID: 01566644-E065-4C97-8F84-7AD9BD2780C0

THIS AGREEMENT is entered into as of the 1st day of July 2023 between Velociti

SERVICES, 950 E. Paces Ferry Road, NE Suite 2000, Atlanta, Georgia 03026 (hereinafter referred to as the “Company”), and the INTERNATIONAL UNION OF OPERATING

ENGINEERS, LOCAL 68-68A-68B, affiliated with the AFL-CIO, 11 Fairfield Place, West

Caldwell, New Jersey 07006, (hereinafter referred to as the “Union”)

WHEREAS, the parties hereto desire to establish the standards and hours of labor, rates of pay and other conditions under which the employees classified herein shall work for the Company during the life of this Agreement and thereby promote a relationship between the parties hereto providing more harmonious cooperation and mutual benefits;

NOW, THEREFORE, in consideration of the performance in good faith by both parties, individually and collectively, of the terms and conditions of this Agreement, and intending to be legally bound, thereby, the parties agree to and with each other as follows:

SECTION I – RECOGNITION OF THE UNION

1. The Company recognizes the Union as the exclusive collective bargaining representative for all full time employees employed as maintenance workers and stationary engineers as defined in the Service Contract Act, including but not limited to all classifications present in Section VIII of this Agreement, as well as the classifications listed in the NLRB Case#: 04-RC-140381, employed by the Company performing services in their respective crafts or trades for the operations and maintenance services provided to William J. Huges Technical Center, Atlantic City International Airport, New Jersey:

excluding managers, supervisors, and all other employees. The parties agree that for all additional work covered by this Agreement issued to the Company, the Union will be given the right of first refusal to perform such work as long as the proffered employee meets essential qualifications for the work. This shall include all Indefinite Quantity and

Davis-Bacon work.

SECTION II – UNION SECURITY & DUES DEDUCTION

1. It shall be a condition of employment that all employees covered by this

Agreement who are members of the Union in good standing on the effective date of this

Agreement shall remain members in good standing, and those who are not members on the effective date of this Agreement shall, on or after the thirtieth (30th) day following the effective date hereof, become members in good standing in the Union. In the event that any employee fails to comply with the requirements of this section to the extent of tendering customary dues and initiation fees, the Company shall summarily discharge that employee upon receipt of written demand thereof from the Union. Whenever additional employees are required, the Company shall notify the Union, and the Union shall assist the Company in obtaining qualified and competent employees. The Company will consider all applicants referred by the Union but retains the right to hire employees from whatever source they are generated. Whenever an employee is hired or rehired, the

Company shall within thirty (30) days notify the Union in writing of the name and address of said employee.

2. Effective as of the first of the month following the date of signing this Agreement, the Company agrees, that on an employee’s written authorization, on a form mutually agreed to, and subject to the provisions of Section 302 (c) of the Labor Management

Relations Act of 1947, and the amendments thereto, to deduct from the pay of such employee all regular dues and initiation fees levied in accordance with the Constitution and By-Laws of the Union, and remit same to the Union.

3. The Company will remit to the Union all deducted dues monies no later than the fifteenth (15th) of the month following the month for which the dues were deducted. If the dues remittances are not received by the fifteenth (15th) of the month following the month for which the dues were deducted the Union will notify the Company of the delinquency. If dues remittances have not been received by the Union in full within thirty

(30) days from the fifteenth (15th) of the month following the month for which dues were deducted, the Union may bypass the grievance procedure and file directly for arbitration.

Notwithstanding anything in this Agreement to the contrary, if the Arbitrator finds that the Company was delinquent in transmitting deducted dues payments to the Union, the

Arbitrator shall award interest, twenty percent (20%) of the delinquent amount as liquidated damages and shall hold the Company liable for the full cost of the Arbitration, including the Union’s attorney fees.

4. The Union agrees to furnish the Company with a memorandum showing the amount of dues payable as members of the Union by each of the employees covered by this Agreement. Likewise, the Union agrees to furnish the Company with a memorandum showing the amount of initiation fees, if any, payable by each new member covered by this Agreement. Upon receipt of such memoranda and upon receipt of a signed authorization from the employee, the Company agrees to deduct dues and initiation fees from the wages or salaries of the respective employees pursuant to the aforesaid memoranda. The check-off authorization card to be executed and furnished to the Company by the Union and the employees shall be the official Union authorization for check-off of dues. No other form shall be accepted by the Company unless the substitute is mutually agreed to by the parties.

5. It is expressly understood that the Company assumes no liability and shall not be liable for the collection or payment to the Union of any dues or initiation fees during any period of time that an employee is not actually working for the Company and is not on the payroll of the company.

6. Before taking any deduction, the Company shall be furnished with the original deduction authorization card duly signed by the employee.

7. The Union will defend, indemnify and save harmless the Company again from any and all claims, demands, liabilities and disputes arising because of complying with this Section.

SECTION III – SENIORITY

1. All employees hired after the execution of this Agreement shall be on a probationary period for ninety (90) calendar days. Probationary employees may be dismissed without cause and without resort to the grievance and arbitration procedures.

Upon completing probation, an employee shall have full seniority retroactive to his most recent date of hire at this site whether by the Company or by any prior company for the

COMS contract. Any absence from work during this probationary period will, at the

Company’s option, extend the period for those days missed.

2. In the event two (2) employees have the same original date of employment, seniority will be determined by the last four (4) digits of the social security number with the employee having the lower last four (4) digits of the social security number being considered as having the greater seniority.

3. Unless otherwise indicated, in all applications of seniority under this Agreement where present skill, ability and qualifications are determined by the Company to be sufficient to meet the requirements of the available work, seniority shall be the determining factor. Seniority for the purpose of promotions will be recognized first by classification and after this is exhausted, it will be recognized unit wide.

4. Seniority shall be unit wide for applications conducive to such. It shall be recognized by classifications for purposes of scheduling vacation. The Company will send notice of recall from layoff by telegram, registered or certified mail to the employees last known address. Employees must report to work within five (5) days after receipt.

Notices returned with no forwarding address will be considered a declination to return to work.

5. In addition to other reasons which may be referenced elsewhere in this

Agreement, seniority and the employment relationship shall be broken and terminated when an employee:

(A) Quits;

(B) Retires;

(C) Is discharged for just cause;

(D) Is absent for two (2) consecutive days without notifying the immediate supervisor;

(E) Fails to return to work within five (5) working days of receipt of notice of recall to work;

(F) Is on continuous layoff for a period of twelve (12) months or length of employment whichever is less;

(G) Fails to notify the Company no later than three (3) working days prior to the end of an extended leave of absence of their desire to be reinstated, or fails to report to work at the termination of any leave of absence;

(H) Accepts other employment while on leave of absence;

(I) Is terminated as a result of cessation of all or part of the Company’s operations;

(J) Employee accepts another position outside the bargaining unit at a lower position while on layoff;

(K) Employee accepts another position outside the bargaining unit while actively employed or on layoff; or

(L) Falsifies the reason given for a leave of absence;

(M) Absences due to illness for a period of more than one year.

6. It is the responsibility of the employee to immediately notify the Company, writing, of any changes in address or telephone number. The failure of an employee to take action to insure that such information is current shall remove from the Company any and all liability under this Agreement in matters wherein such information is integral to the fulfillment of a Company obligation or responsibility.

7. Designated Stewards shall have super seniority. There shall be a maximum of three (3) stewards.

8. When employees in the bargaining unit covered by this Agreement, at the discretion of the Company, are promoted to positions outside the bargaining unit, they will retain and accumulate seniority for a period of three (3) months, during which period such employees may, at the discretion of the Company, be allowed to return to the bargaining unit. In such event, the employee may only return to the job he left. If at the conclusion of the three (3) months, the employee is outside the bargaining unit, they will lose all seniority rights under this Agreement. Employees will have seniority for benefit purposes dated to their original hire date on the FAA contract. For purposes of bumping rights seniority will be based on the date they entered the bargaining unit.

SECTION IV – BULLETIN BOARDS

1. The Company shall provide suitable bulletin board space for the use of the Union for the posting of notices of meetings, bulletins and other Union matters. Said space shall be provided on bulletin boards located in areas mutually agreed to by both parties. The bulletin boards will be policed by the Union Stewards at least once a month so that posted information is current and kept in an organized manner.

2. The Union agrees that the bulletin board space so provided shall not be used for the posting of anything derogatory to the Company, its management, its employees, or its customers and the Company reserves the right to remove any such derogatory posting. All notices posted must bear the approval for posting by the appropriate Local

Union Representative and are subject to immediate removal by the Company if not so approved and signed.

SECTION V – DISCIPLINE OR DISCHARGE OF EMPLOYEES

1. An employee may be disciplined or discharged for cause, which includes but shall not be limited to the following:

(A) Dishonesty or deception in any form, such as falsification of documents, fraud and misuse of time card;

(B) Intoxication and/or being under the influence of drugs or alcohol during working hours;

(C) Use, possession, and/or distribution of alcohol or drugs during working hours and/or on William J. Hughes Technical Center property;

(D) Unauthorized possession of firearms and/or explosives at the William J.

Hughes Technical Center

(E) Sexual harassment of other employees, customer employees or vendors;

(F) Theft of property;

(G) Working for and/or providing information to a competitive company;

(H) Insubordination;

(I) Fighting or unprovoked assault on an employee, customer or others.

Employees may be immediately discharged without warning for violating items

(A) – (I) listed above.

2. The Company will provide reasonable notification by phone, email or facsimile to the Business Agent or Shop Steward whenever an employee is disciplined or discharged, except where the provisions of this Article provide for immediate discharge. A representative of the Union must be in personal contact with the Company within twenty-four (24) hours after notice, which will be delivered during normal working hours from Monday through Friday, inclusive. Other than for those offenses listed in items (A)

- (I) above, before a discharge or suspension, the Company must first have given at least one (1) verbal reprimand which will be documented in writing, and one (1) written warning notice of the complaint against such employee to the employee, with a copy to the Union and Shop Steward.

3. Any warning notice as herein provided shall not remain in effect for a period of more than twelve (12) months from the date of said warning notice. Discharge must be for just cause with written notice to the employee and the Union. Any employee may request that the Union investigate their discharge, suspension or warning notice.

4. Upon discharge, or quitting, the Company shall pay all money due to the employee on the payday of the Company following such quitting or discharge.

5. The enforcement and establishment of reasonable uniform rules and regulations with respect to disciplinary action or Company procedures may be implemented by the

Company provided they do not conflict with the provision of this Agreement, with a copy immediately sent to the Union. If the Union objects, the Union may request a meeting with the Company to discuss the matter.

SECTION VI – ADJUSTMENT OF GRIEVANCES

1. In order to establish effective machinery for a fair, expeditious and orderly adjustment of grievances, an employee who believes that any provision of this

Agreement has not been properly applied or interpreted may present their grievance to be settled by the following procedures:

(A) Step 1: An employee who believes they have a grievance shall discuss it with their supervisor, within five (5) days (excluding Saturdays, Sundays and Holidays), after the occurrence of the facts giving rise to the grievance in an attempt to settle the grievance. The supervisor will have two (2) working days, not to included scheduled days off, to respond to the employee or Steward. A Union Steward may be present at such presentation or may present the grievance on behalf of the employee.

(B) Step 2: If the matter is not resolved in Step 1, the grievance shall not later than twelve (12) days (excluding Saturdays, Sundays and Holidays) after the occurrence of the facts giving rise to the grievance, be reduced to writing, setting forth the facts in detail and specifying the Article and

Paragraph allegedly violated, and signed by the aggrieved employee and the Steward and shall be submitted to the site Project Manager or their designee. The Project Manager or their designee and the Local Union

Business Agent shall review the grievance and the Project Manager will have seven (7) days (excluding Saturdays, Sundays and Holidays) from the date the grievance was presented to them to answer, in writing, the aggrieved employee with a copy to the Steward.

(C) Step 3: If the grievance is not resolved in Step 2, the Local Union Business

Representative or their designee within ten (10) days (excluding Saturdays, Sundays and Holidays) of the denial by the site Project Manager or their designee, will submit the grievance, in writing, to the Corporate Director of

Human Resources or their designee.

The Corporate Director of Human Resources or their designee, and the Local

Union Business Representative will review the grievance at a mutually convenient time and manner.

2. Grievances which have been processed in accordance with the requirements of the above Paragraphs and which remain unsettled shall be processed to arbitration in accordance with the following procedures and limitations:

(A) The Union, within ten (10) days (excluding Saturdays, Sundays and

Holidays) after the rejection of the grievance by the Corporate Director of

Human Resources or their designee, will in writing, notify the Company of its intent to invoke arbitration, and the Company and the Union will jointly attempt to agree upon the selection of a neutral arbitrator to hear the case.

Should the parties fail to agree upon the selection of an arbitrator, the Union will request the Federal Mediation and Conciliation Service to supply a list of seven (7) arbitrators to hear the case. A copy of this request will be sent to the Company. This request will be made within five (5) days (excluding

Saturdays, Sundays and Holidays) after failure of the parties to agree upon an arbitrator. An arbitrator will be selected from the list supplied by the

Federal Mediation and Conciliation Service by the parties alternately striking from the list until one name remains and this individual will be the arbitrator to hear the case.

(B) The arbitrator may make such investigations as they deem proper and may examine the witness or witnesses of the other party. When an investigation is conducted by an arbitrator, they shall be accompanied by at least one (1) representative of the Company and the Union.

(C) The decision of the arbitrator shall be submitted in writing and shall be final and binding to all parties to this Agreement. Unless written authority is given the decision shall be made within thirty (30) days following the close of the hearing. Each party hereto shall bear the expenses of preparing and presenting its own case. The cost and all expenses of the arbitrator and facility shall be borne equally by both parties.

(D) The arbitrator’s authority shall be limited to finding a direct violation of the express purpose of the contract provision or provisions in question other than an implied or indirect purpose. The arbitrator cannot modify, amend, add to, detract from, or alter the provisions of this contract nor substitute their judgement for that of management.

3. Any grievance involving discharge, layoff or other potential accumulating back pay liability shall be commenced at Step 2 of this procedure and the written grievance shall be presented to the Project Manager in charge of the operation, or in their absence, to their designee within five (5) days (excluding Saturdays, Sundays and Holidays) after the occurrence of the facts giving rise to the grievance.

4. Any grievance shall be considered null and void if not filed and processed by the

Union, or the employees represented by the Union, in strict accordance with the time limitations set forth above. There shall be no recognition of a continuing grievance so as to frustrate the intent of strict adherence to these time limitations. Failure of the Company to act within the time limit set forth in any Step shall entitle the Union to proceed to the next Step of the grievance procedure. In a particular case any time limit specification may be extended by mutual agreement between the Company and the Union. The party requesting the time limit extension will confirm, in writing, the agreed upon extension date(s) to the other party for signature.

SECTION VII – BUSINESS REPRESENTATIVES

1. The duly authorized Business Representative or Officer of the Union shall, upon reasonable notice to the Project Manager, except in the cases of discipline and discharge, be permitted to enter the Company’s premises during all working hours for the purpose of adjusting complaints or ascertaining whether the Union standards are maintained, and whether this Agreement is being performed. Such visitation shall not, however, interfere with an employee’s performance of their job duties.

SECTION VIII – WAGES

1. On the effective date listed, the hourly rates of pay, by classification, shall be as follows on the attached “Appendix A”.

Effective November 1st, 2023, Employees shall receive a three and one-half (3.5%) percent general wage increase.

Effective November 1st, 2024, Employees shall receive a three and one-half (3.5%) percent general wage increase.

Effective November 1st, 2025, Employees shall receive a three and one-half (3.5%) percent general wage increase.

2. The duties of the General Maintenance worker shall include carpentry, painting, roofing, sheet metal work and welding.

(A) Employees working within this classification must meet criteria established by the Federal Government / FAA Technical Center.

3. Employees working within the classification of Water/Sewer Lead Operator or

Water Plant Operator must possess a valid wastewater license of the appropriate level for this facility.

4. Designated Spill Team members shall receive the Environmental Specialist rate of pay for all time worked when actively working as part of the Spill Team. The rate of pay shall be rounded upwards to the nearest whole hour increment.

5. When an employee works in a higher classification for time in excess of one (1) hour, they will be paid the rate of the employee replaced.

6. The wage rate of the Helper shall be based upon the Trade which they are assigned and shall be as follows: two dollars ($2.00) per hour below for the first six (6) months of employment. One dollar and fifty cents ($1.50) per hour below for the second six (6) months of employment. One dollar ($1.00) per hour below for the third six (6) months of employment. Fifty cents ($0.50) per hour below for the fourth six (6) months of employment.

(A) The Helper’s training program shall be for a period of not more than two

(2) years, during which time the Helper will be required to attend the

Operating Engineers Local 68 Training School and successfully complete the required programs as specified by the Union.

7. Effective January 1st, 2024, the Company will have the ability to engage in the Local

68 Operating Engineers Apprenticeship Program and employ registered Apprentices.

(A) The Company shall have the right to employ up to three (3)

Apprentices at any given time.

(B) The Company is not obligated to hire an Apprentice at the conclusion of the apprenticeship period.

(C) Wage rates for Apprentices are as follows:

First Year: The wage rate for Apprentices in their first year shall be set at seventy percent (70%) of the Stationary

Engineer pay rate listed in Appendix “A”.

Second Year: The wage rate for Apprentices in their first year shall be set at seventy-seven and one-half percent (77.5%) of the Stationary Engineer pay rate listed in Appendix “A”.

Third Year: The wage rate for Apprentices in their first year shall be set at eighty-five percent (85%) of the Stationary

Engineer pay rate listed in Appendix “A”.

Fourth Year: The wage rate for Apprentices in their first year shall be set at ninety-two and one-half percent (92.5%) of the

Stationary Engineer pay rate listed in Appendix “A”.

8. Effective July 1st, 2023, the Company will add the following job classifications:

Work Control Assistant with a set starting wage of twenty-four dollars ($24.00) per hour.

Lead Plumber with a set starting wage of forty-one dollars and seventy cents ($41.70) per hour.

Lead HVAC with a set starting wage of forty-one dollars and seventy cents ($41.70) per hour.

High Voltage Helper with wage rates as follows:

First Year: The wage rate for apprentices in their first year shall be set at seventy percent (70%) of the Lineman

Electrician pay rate listed in Appendix “A”.

Second Year: The wage rate for apprentices in their first year shall be set at seventy-seven and one-half percent (77.5%) of the Lineman Electrician pay rate listed in Appendix “A”.

Third Year: The wage rate for apprentices in their first year shall be set at eighty-five percent (85%) of the Lineman

Electrician pay rate listed in Appendix “A”.

Fourth Year: The wage rate for apprentices in their first year shall be set at ninety-two and one-half percent (92.5%) of the

Lineman Electrician pay rate listed in Appendix “A”.

9. The benefits for all classifications shall be paid in accordance with the applicable agreement provision.

10. Whenever an employee shall be called out in an emergency, they shall be paid for no less than four (4) hours at the employee’s applicable hourly wage rate. Additionally, whenever an employee is directed by management to contact another employee to resolve issues over the phone, the contacted employee will be paid for no less than two

(2) hours at their applicable hourly wage rate.

11. Job classifications found in “Appendix A” using the term “working supervisor” are not statutory supervisors under the NLRB but have authority to direct work (make job assignments) and determine acceptable quality levels regarding employee performance.

12. The Company, in order to meet manpower demands, may utilize the employees of contract companies to supplement the Company’s workforce. The Company may subcontract work which is specialized in nature, which involves infrequent or other unique demands, which has normally been subcontracted by the Company or normally not performed by bargaining unit employees.

13. The Company agrees not to use subcontractor personnel for the purpose of laying off, avoiding recall of non-contract employees or avoidance of overtime.

14. Davis-Bacon: The following section is designed to specifically address those employees who are provided for under Section 1 – Recognition of the Union, doing

Davis-Bacon work at the William J. Hughes Technical Center, Atlantic City International

Airport, New Jersey.

(A) Employees working under the Davis-Bacon classification shall be required to possess the basic hand tools required to perform the functions of the classification. Basic hand tools shall be defined as tools not requiring an external power source or having a definitive single purpose, with the exception of a cordless drill/driver. Definitive purpose shall be defined as toll or tools required for a specific job.

(B) Section III – Seniority:

Employees who are hired to perform Davis-Bacon work shall constitute a separate classification and as such unnumbered paragraphs 3, 5, 6, (J) and

(K) shall not apply.

Davis-Bacon employees working in the Davis-Bacon shop will have seniority consistent with the remainder of Section III of this Agreement.

Davis-Bacon employees shall have no right to displace (bump) into any other classification covered by this Labor Agreement.

(C) Section VIII – Wages:

Davis-Bacon wages shall be in accordance with the current applicable

Davis-Bacon Wage Decision.

Davis-Bacon Health & Welfare rates shall be in accordance with the current applicable Davis-Bacon Wage Decision.

Davis-Bacon employees will be provided with the Union Health & Welfare benefits package which will be deducted from the current Davis-Bacon

Health & Welfare prevailing amount with the remainder paid in wages.

(D) Section IX – Work Week, Work Day, Overtime:

Davis-Bacon employees will be covered by the language of this section except as provided for herein.

Davis-Bacon employees are not entitled to a guarantee of forty (40) hours of work or pay per week. Davis-Bacon employees will work the hours available and as assigned by the Company within their respective classifications of work. Work will be distributed to the maximum extent possible in accordance with seniority and availability, within the Davis-

Bacon shop and consistent with Section III.

The contractor has the right to subcontract any or all of the Davis-Bacon work. If Velociti subcontracts the work, Davis-Bacon employees shall be able to bid such work. Time and one-half shall be paid for all time worked in excess of eight (8) hours in any work day or forty (40) hours in any one

(1) week.

(E) Exclusions: Davis-Bacon employees are by reference specifically excluded from the provisions of:

Section XI – Vacation

Section XII – Holidays

Section XIII – Jury Duty

Section XIV – Funeral Leave

15. When new bargaining unit jobs and or classifications are required that cannot be properly encompassed within an existing job specialty, the Company will notify the

Union of the requirements and will endeavor to discuss with the Union the rate of pay prior to the Company establishing the new classification and rate of pay. The Union shall have fifteen (15) days from the date of establishment in which to challenge the rate of pay.

If necessary, this matter is subject to the grievance procedure up to and including arbitration.

SECTION IX – WORK WEEK / WORK DAY / OVERTIME

1. Eight (8) consecutive hours, exclusive of lunch period, shall constitute a normal day’s work. Forty (40) hours, consisting of five (5) consecutive days of eight (8) hours each, shall constitute a normal work week. Time and one-half (1.5x) shall be paid for all time worked in excess of eight (8) hours in any one (1) day or forty (40) hours in any one

(1) week.

2. The Company retains the right to establish ten (10) hour shifts. Overtime shall be paid for all hours worked in excess of ten (10) hours in any one (1) day or forty (40) hours in any one (1) week at one and one-half times (1.5x) the basic hourly rate. Employes selected by management to work four (4) days per week, ten (10) hours per day, exclusive of lunch period, will have ten (10) hour days constitute a normal work day and forty (40) hours constitute a normal work week. Full-time employees who are required to work on a holiday shall be paid one and one-half times (1.5x) their regular hourly rate for work performed on said holiday in addition to their holiday pay.

3. If the Company utilizes this option, after a sixty (60) day trial period, either party may notify the other party in writing that it no longer desires this provision and the parties will meet to discuss the issue.

4. For all shift-working personnel, CUP operators, Water/Waste Operators, forty

(40) hours within a seven (7) day period will constitute a normal week’s work. Each work day will consist of eight (8) hours. Time and one-half (1.5x) shall be paid for all time worked in excess of eight (8) hours in any one (1) day or in excess of forty (40) in any one

(1) week. Full-time employees who are required to work on a holiday shall be paid one and one-half times (1.5x) their regular hourly rate for work performed on said holiday in addition to their holiday pay.

5. Employees who work shifts may be selected by management to work four (4) days per week, ten (10) hours per day, exclusive of lunch period, will have ten (10) hour days constitute a normal day’s work. Forty (40) hours consisting of ten (10) hour days within a seven (7) day work week shall constitute a normal week’s work. Time and one-half

(1.5x) shall be paid for all time worked in excess of ten (10) hours in any one (1) day or in excess of forty (40) hours in any one (1) week. Full-time employees who are required to work on a holiday shall be paid one and one-half times (1.5x) their regular hourly rate for work performed on said holiday in addition to their holiday pay.

6. Vacation time shall count as hours worked in the calculation of overtime.

SECTION X – SICK LEAVE / EMERGENCY / TRAINING / PERSONAL DAYS

1. The Company shall grant full time employees covered under this Agreement who have completed their probationary period sick leave/emergency/training/personal time off with pay as follows:

First (1st) year of service through four (4) years of service: five (5) days *

Five (5) years of service: ten (10) days

2. Sick leave/emergency/training/personal time off shall be granted to the employee on October 1st of each year. Sick leave/emergency/training/personal time off is not accumulative and cannot be carried over from one year to the next year. The employee will notify their supervisor at least thirty (30) minutes prior to their starting time in case it is necessary to be absent because of illness. The employee shall be required to present a doctor’s statement after three (3) consecutive days off because of illness. The

Company reserves the right to require a doctor’s statement more frequently in the case of suspected abuse. One (1) day of sick leave/emergency/training/personal time equals eight (8) hours. Sick leave/emergency/training/personal time is computed by multiplying the number of sick leave/emergency/training/personal days authorized times eight (8) hours. Maximum payable sick leave/emergency/training/personal time is eighty (80) hours per year if over five (5) years of service.

3. Sick leave/emergency/training/time off may be used for doctor’s appointments, urgent personal business, or to attend classes or seminars related to the employee’s employment, subject to the Company’s approval and discretion. The Company reserves the right to request verification in the event an employee calls out in an emergency.

4. Sick leave/emergency/training/time off will be approved for no less than two (2) hour increments and one-half (1/2) hour thereafter.

Sick leave/emergency/training/time off will be calculated based on length of service accumulated as of the employee’s anniversary date of the employee’s last date of hire whether by the Company or a prior contractor.

5. Employees covered by this Agreement may use up to five (5) days per contract year as personal time. The Company reserves the right to require five (5) days notice and may deny such requests as business needs dictate.

6. * In an effort to comply with Executive Order #13706 regarding paid sick leave, employees in this designation shall have the ability to utilize up to two (2) vacation days per year as sick leave if needed.

SECTION XI – VACATION

1. An employee who has been in the employ of the Company for one (1) year shall upon their first vacation eligibility date, be entitled to one (1) week paid vacation;

2. An employee who has been in the employ of the Company two (2) years or more shall, upon their vacation eligibility date, be entitled to two (2) weeks paid vacation;

3. After five (5) years, three (3) weeks paid vacation is authorized;

4. After ten (10) years, four (4) weeks paid vacation is authorized;

5. After fifteen (15) years, twenty-two (22) days (four (4) weeks and two (2) days) is authorized;

6. After twenty (20) years, twenty-five (25) days (five (5) weeks) is authorized;

7. The term “vacation eligibility date” means the anniversary date of the employee’s last date of hire at the site whether by Velociti Services or prior contractor. An employee earns a vacation only upon their vacation eligibility date. One (1) weeks vacation equals forty (40) hours. Vacation is computed by multiplying the number of vacation weeks authorized times forty (40) hours. Any employee terminating employment for any reason, other than for just cause or termination of Contractor shall receive all accrued, but unused vacation pay.

8. Whenever an employee leaves, provided they give a requisite notice in accordance with section XXIII, Paragraph 1, they shall receive any earned, unused vacation pay. A holiday occurring during an employee’s vacation period shall be treated as a holiday rather than a vacation day, that is, an employee does not use up a vacation day when it coincides with a holiday. If the Company and the employee agree, however, the

Company may pay the employee in lieu of taking an additional vacation day in such circumstances.

9. The Company retains the right to schedule vacations in such a way as will least interfere with the workload and efficiency of its operations but will attempt to reach a mutually convenient schedule with each employee. Any request for vacation must be written and approved at least fifteen (15) days in advance of any planned vacation.

Vacations may be scheduled with only twenty-four (24) hours notice for special needs or emergencies but require the agreement of management and the Union that the emergency and/or special need is valid. If an employee’s request is denied, such employee shall be expected to reschedule the vacation. Upon approval by the area Manager/Supervisor, all vacation requests will be forwarded to the Project Management Office for final approval and the employee will be notified within three (3) business days. If there is a conflict between two (2) or more employees within the same job classification for a given vacation period and all other factors are judged equally by the Company, the senior employee shall be given the first choice of vacation time.

10. Employees will only be entitled to vacation benefits if they have worked a total of one thousand and forty (1,040) hours in the preceding anniversary year. If an employee does not meet this requirement, they will be credited vacation hours on a pro-rata basis.

The calculation of the one thousand and forty (1,040) hours will be based upon all hours the employee is compensated for. The one thousand and forty (1,040) hours restriction shall not be applicable to employees who are on documented workers’ compensation leave.

11. Vacation time shall be used and may not be carried over from year to year.

SECTION XII – HOLIDAYS

1. The following days shall be deemed paid holidays regardless of the day of the week they may fall upon:

New Year’s Day Labor Day

Martin Luther King Day Columbus Day

President’s Day Veteran’s Day

Memorial Day Thanksgiving Day

Juneteenth Christmas Day

Independence Day

2. For those employees who do not work shift work, holidays which fall on non-work days will be observed as follows:

(A) If a holiday falls on a Saturday, it will be observed on the preceding Friday.

(B) If a holiday falls on a Sunday, it will be observed on the following Monday.

3. Employees must work their regular scheduled days prior to and after a holiday to qualify for holiday pay.

SECTION XIII – JURY DUTY

1. An employee in the bargaining unit required to serve as a juror will receive the difference between the pay they received for such services and their regular hourly rate for all time lost from their regularly scheduled shift while in such duty, up to a maximum of one (1) month per calendar year. It is the responsibility of the employee to furnish proof of all jury hours served.

2. It is agreed that employees who report for jury duty and are dismissed, shall promptly report to work for the remainder of the employee’s working day, provided there are at least two (2) hours remaining in the scheduled work day.

SECTION XIV – FUNERAL LEAVE

1. Any employee who is absent from work because of a death in the immediate family (defined as spouse, father mother, sister, brother, daughter, son, mother-in-law, father-in-law and employee’s grandparents) shall be granted a leave of absence with pay at their straight time hourly rate, up to five (5) working days during the period beginning with the date of death and ending with the day of the funeral.

SECTION XV – NO STRIKEOUT/NO LOCKOUT – CONTINUITY OF OPERATIONS

1. During the life of this Agreement, the Union collectively and each employee agrees that there shall be no strike, sympathy strike, work stoppage, picketing, or other like interference or interruption with the Company’s business and there shall be no lockout on the part of the Company. Any employee who violates the terms of this Article shall be subject to disciplinary action, up to and including termination of employment.

SECTION XVI – NON-DISCRIMINATION

1. The Company and the Union agree not to discriminate against any persons covered by this Agreement on account of race, color, national origin, sex, age, religion, personal disability, veteran status, or Union affiliation.

2. It is further agreed not to discriminate against an employee or applicant for employment because of physical or mental disability with regard to any position for which the employee or applicant is qualified. The Union understands that the Company has a commitment to act affirmatively in providing access to employment, benefits and other provisions of the contract as stated herein above.

SECTION XVII – ANNUITY FUND

1. Effective November 1st, 2023, the Company shall contribute to the Local 68

Operating Engineers Annuity Fund the sum of seven dollars and thirty-five cents ($7.35) per hour to all employees for all hours worked to include overtime, vacations, holidays and paid leave.

2. Effective November 1st, 2024, the Company shall contribute to the Local 68

Operating Engineers Annuity Fund the sum of seven dollars and sixty cents ($7.60) per hour to all employees for all hours worked to include overtime, vacations, holidays and paid leave.

3. Effective November 1st, 2025, the Company shall contribute to the Local 68

Operating Engineers Annuity Fund the sum of seven dollars and eighty-five cents ($7.85) per hour to all employees for all hours worked to include overtime, vacations, holidays and paid leave.

SECTION XVIII – HEALTH AND WELFARE FUND

Operating Engineers Welfare Fund the sum of twelve dollars and fifteen cents ($12.15) per hour to all employees for all compensated hours.

2. Effective November 1st, 2024, the Company shall contribute to the Local 68

Operating Engineers Welfare Fund the sum of twelve dollars and sixty-five cents ($12.65) per hour to all employees for all compensated hours.

3. Effective November 1st, 2025, the Company shall contribute to the Local 68

Operating Engineers Welfare Fund the sum of thirteen dollars and fifteen cents ($13.15) per hour to all employees for all compensated hours.

4. Said contributions shall not exceed a maximum of eight (8) or ten (10) hours per day, or forty (40) hours per week.

5. In the event the Health & Welfare costs exceed the rate specified in the Agreement, the Company and the Union agree to meet and discuss a method of reducing future wage increases to increase the Health & Welfare rates.

6. In the event the Trustees determine the contribution amounts needed to maintain benefits should be less than the amounts specified above, it is understood and agreed that the difference will be allocated to wages or other fringe benefits provided to the employees covered by this Agreement.

SECTION XIX – PENSION FUND

Operating Engineers Pension Fund the sum of four dollars and ten cents ($4.10) per hour.

2. Effective November 1st, 2024, the Company shall contribute to the Local 68

Operating Engineers Pension Fund the sum of four dollars and thirty-five cents ($4.35) per hour.

3. Effective November 1st, 2025, the Company shall contribute to the Local 68

Operating Engineers Pension Fund the sum of four dollars and sixty cents ($4.60) per hour.

4. Said contributions shall not exceed a maximum of eight (8) or ten (10) hours per day, or forty (40) hours per week.

SECTION XX – EDUCATION FUND

Operating Engineers Education Fund the sum of four dollars ($4.00) per week, or ten cents ($0.10) per hour.

2. Effective November 1st, 2024, the Company shall contribute to the Local 68

Operating Engineers Education Fund the sum of six dollars ($6.00) per week, or fifteen cents ($0.15) per hour.

3. Effective November 1st, 2025, the Company shall contribute to the Local 68

Operating Engineers Education Fund the sum of eight dollars ($8.00) per week, or twenty cents ($0.20) per hour.

4. Said contributions shall not exceed a maximum of eight (8) or ten (10) hours per day, or forty (40) hours per week.

SECTION XXI – EMPLOYEE ASSISTANCE PROGRAM

1. During the term of this Agreement, the Company shall pay to the Local 68

Operating Engineers Employee Assistance Program, one dollar ($1.00) per week for each covered employe who received some wage payment that week.

SECTION XXII – FUNDS LANGUAGE

1. The Company shall initiate contributions to the funds on the employee’s first day of employment.

2. The Company will forward contributions to the Funds Office by the fifteenth (15th) of the month following the month for which the contributions are owed. If payments have not been received in full by the Funds Office within thirty (30) days from the fifteenth (15th) of the month following the month for which contributions are owed, the

Union may bypass the grievance procedure and file directly for arbitration.

Notwithstanding anything in this Agreement to the contrary, if the Arbitrator finds that the Company was delinquent in making Benefit Fund contributions, the Arbitrator shall award interest, twenty percent (20%) of the delinquent amount as liquidated damages and shall hold the Company liable for the full cost of the arbitration, including the

Union’s attorney fees.

SECTION XXIII – MISCELLANEOUS

1. Employees under this Agreement shall give at least two (2) weeks notice of intention to leave their position. If a substitute satisfactory to the Company is found previous to the expiration of one (1) week, they may leave their position at such time the substitute is available.

2. Payroll periods begin on Saturday at 12:01 a.m. and end on Friday at 11:59 p.m.

All personnel will be paid every week or fifty-two (52) times per year. Payday will be every Friday. In the event a pay date falls on a holiday, the employees will be paid the preceding calendar day.

3. All available vacant positions must be posted on all bulletin boards for a one (1) week period.

4. Management reserves the right, as Company policy, to require all Mechanics and

Craft personnel, as a condition of employment, to provide all hand tools for job performance.

5. All loss and tool replacement remains the responsibility of the employee to ensure adequate tools are available as not to delay required duties or maintenance and/or repairs.

6. To comply with the Service Contract Act, all Maintenance Mechanics employed under this contract will receive payment for tools in accordance with the following schedule:

Effective November 1st, 2023: Motor Pool: $0.25 per hour for all hours worked.

Effective November 1st, 2023: Utilities Shop and CUP: $0.20 per hour for all hours worked.

7. The Company will, when possible, provide seven (7) days notice of a change in shift schedule.

8. All employees are required to report to work in uniform. Uniforms are defined as

Company furnished long or short sleeved shirts and safety boots. Long pants will be supplied by the Company only to those who work in the Motor Pool. Safety toed shoes or boots shall be worn at all times on site. Velociti Services will reimburse each Union employee performing work throughout the various areas of the FAA Tech Center with an initial, beginning July 1st, 2023, and thereafter annual safety footwear (meeting OSHO

1910-136 standards) reimbursement up to two hundred and fifty dollars ($250.00) with presentation of a valid receipt. The Company will furnish five (5) shirts with the

Company insignia. Uniforms will be replaced each year based on wear and tear.

Uniforms are the property of the Company and will be returned to the Company at time of termination.

9. The parties recognize the obligation of the Company to insure that its employees are neat and properly dressed in Company issued uniforms at all times. Employees will ensure that shirts are properly tucked in at all times. While working inside, employees shall wear a Company issued collared shirt. Failure to observe these standards will result in appropriate discipline.

10. If an employee is required to maintain a certification or license, the Company will reimburse any applicable out-of-pocket costs. However, if the employee voluntarily separates from employment within one (1) year from the reimbursement date, excluding retirement, or if they are terminated for just cause, they must repay the Company for the payments made under this provision.

SECTION XXIV – FAMILY / MEDICAL LEAVE OF ABSENCE

1. The provisions of the Federal Family Medical Leave Act shall apply and govern the parties and all employees.

SECTION XXV – MILITARY LEAVE OF ABSENCE

1. The company and the Union agree to abide by the provisions of the Selective

Service Act and the Veteran’s Reemployment Act, insofar as the provisions of said Acts apply to the rights of employees and the obligations of the Company.

2. Employees who are members of the National Guard and Military Reserve Units shall be granted the necessary time off, without pay, in order that they may fulfill their military obligations. These employees shall notify their supervisor immediately upon receiving notifications of training period, or other obligations, requiring a military leave of absence. Employees may elect to use earned vacation benefits (if eligible, during periods of military service).

SECTION XXVI – COMPANY REGULATIONS

1. Any rules, regulations or directives which are now in effect, or which may be later imposed upon the Company by its Client, the Federal Aviation Administration, or any other Governmental Agency having jurisdiction will apply with equal force and effect to the employees hereunder. Employees are also required to adhere to Company Rules and

Regulations, that are not in direct conflict with any provisions of this Agreement. Copies of Rules and Regulations so imposed will be made available to the Union prior to implementation unless impractical to do so.

SECTION XXVII – MANAGEMENT RIGHTS

1. Management’s rights include, without limitation, the following: to direct, control and schedule its operations and workforce; to make any and all decisions affecting the business; to discipline and discharge employees for reasonable cause; to hire, promote, lay off, assign, classify, evaluate and transfer employees; to select and determine the number of its employees, including the number assigned to any particular work; to determine the starting time and quitting times, and the number of hours per day and shifts to be worked; to determine the location(s) and method(s) of operation; to schedule overtime work; to install or move equipment, to transfer, relocate, or discontinue any or all of its business operations by sale, merger or otherwise; to establish, modify, and enforce reasonable rules and regulations that are not in direct conflict with the express…