Attachment I Fort Lee CBA 2019-2020.pdf

AGREEMENT

BETWEEN

INTERNATIONAL CHEMICAL WORKERS UNION COUNCIL OF THE

UNITED FOOD AND COMMERERCIAL WORKERS INTERNATIONAL

UNION

AND

LOCAL UNION NUMBER 1048C, INTERNATIONAL CHEMICAL

WORKERS UNION COUNCIL/UFCW

AND

CANTU SERVICES, INC

Effective: September 1, 2019 through August 31, 2020

PREAMBLE

THIS AGREEMENT is entered into by and between CANTU SERVICES, INC.

(hereinafter referred to as the "COMP ANY'') and the INTERNATIONAL

CHEMICAL WORKERS UNION COUNCIL OF THE UNITED FOOD AND

COMMERCIAL WORKERS INTERNATIONAL UNION (hereinafter referred to as the "INTERNATIONAL"), LOCAL UNION NUMBER 1048C, INTERNATIONAL CHEMICAL WORKERS UNION COUNCIL/UFCW

(hereinafter referred to as the "LOCAL", with the International and Local collectively hereinafter referred to as the "UNION"), as representative of certain of the Company's employees located at FORT LEE, VIRGINIA, hereinafter referred to as the "BASE".

WITNESSETH

WHEREAS, the parties have entered into Collective Bargaining Negotiations which negotiations have resulted in complete agreement between the parties and

WHEREAS, the purposes of the Agreement are to promote and insure harmonious relation, co-operations, and genuine understanding between the parties, to encourage efficiency and economy of operations, elimination of waste, protection of Company property, safety and health of employees, and to define wage hours and general working conditions.

NOW, WHEREAS, it is agreed and between the Union and the Company as follows:

ARTICLE 1 - UNION RECOGNITION

Section 1.1

The Company hereby recognizes the Union as the sole bargaining agent for those of its nonsupervisory employees located at the Base who were included in the bargaining with certified by the National Labor Relations Board following the election on August 29, 2006. In particular, the bargaining unit shall be comprised of the following: Included: all full-time and regular part-time cooks, instructors, shift leaders, clerks, food service workers and dining facility attendants employed by the Company at Fort Lee, Virginia. Excluded: the project manager, assistant project manager, equipment supply managers, assistant managers, the payroll secretary, confidential employees, professional employees, guards and supervisors as defined by the Act.

Section 1.2

The term "Employee" or "Employees", as used in this Agreement, shall be construed to include only the classifications of employees specifically covered by this Agreement. Whenever in this Agreement employees or jobs are referred to in the male gender, it will be recognized as referring to both male and female employees, ARTICLE 2 - DUES DEDUCTION

Section 2.lA

To the extent permitted by law, all present employees who are members of the Union on the effective date of this Agreement, or upon the execution of this Agreement, whichever is later, shall remain members of the Union in good standing as a condition of continued employment. All present employees who are not members of the union and all employees hired hereafter, shall become and remain members in good standing of the Union as a condition of continued employment upon completion of probation following the beginning of their employment or effective date of this Agreement, whichever is later.

Section 2. lB

The Company shall, from the wages of any employee covered by this Agreement, deduct financial obligations owed to the Union after the "Authorization for Checkoff Form", and remit the obligations to the Financial Officer of the Local Union. The remittance shall be accompanied by a list showing the individuals' names, social security numbers, date hired, amounts deducted, and elates for the deductions. The total remittance shall be made no later the twentieth (20th

) day of the month following the month during which the deductions were made. The Union shall notify the Company the amount of dues and the manner in which the dues shall be deducted. Dues will not be deducted from employees during their probationary period.

Section 2.3

The Company will make available to the Union a current and up to date list of newly hired and terminated employees covered by this Agreement. Such list will be prepared monthly and will list name, address, social security number, job classification, and hire or termination date of employment.

ARTICLE 3 - MUTUAL INTEREST, COOPERATION, AND EQUAL

OPPORTUNITY

Section 3.1

The Company and the Union recognize that the efficient operation of feeding the soldiers is the mutual interest of the employees and the Company.

Section 3.2

The Company agrees that it will cooperate with the Union in its effort to promote harmony among all employees.

The Company will present a copy of this agreement to each new employee at the time they are hired, and ask that he cooperate with the Company and the Union in carrying out its provisions.

The Union will provide copies to be given to new employees.

Section 3.3

In accordance with the established policy of the Company and the Union, the provisions of the Agreement will apply equally to all employees hereunder regardless of sex, color, age, race, creed, national origin, veteran status, disability or union status.

ARTICLE 4 - SENIORITY

Section 4.1

Seniority as used in this Agreement shall be defined as total length of service from hire date. If more than one employee is hired on the same day, the employees shall be placed in alphabetical order for seniority purposes.

An employee shall lose seniority under the following conditions:

a. He quits, resigns his position, or retirement;

b. He is discharged for just cause;

c. He is laid off by the Company for a period in excess of twelve (12) months;

d. He fails to report to work on the first scheduled day following the expiration of a leave of absence, unless failure to report is due to conditions recognized by the Company to be beyond the control of the employee and he reported such conditions as soon as possible;

e. He is absent for ten (10) working days after being notified to return to work from layoff. Such notice shall be given by certified mail or telegram to the employee at his last address filed with the Company. It shall be the responsibility of the employee to keep the Company informed of his address and phone number.

f. He is absent from work for two (2) consecutive work days without properly notifying the Company of the reason for the absence.

It is agreed that the Company and the Union will meet for the purpose of establishing a seniority list for all employees in the bargaining unit. Said seniority list will be based upon official records of the Union, the Company, its predecessors, and state and federal agencies. The Company will make available to the Union a current and up to date list of newly hired and terminated employees covered by this Agreement. Such list will be prepared monthly as changes occur in the bargaining unit and copies will be given to the Union Committee and posted in each dining facility. No later than 30 days prior to the expiration of the Company's Contract covering the facility, the Company shall furnish the Union and the successor contractor a list of all current employees with their date of hire and dates of their last vacation pay paid by the Company.

Any employee promoted to an out of the bargaining unit position will lose all seniority rights/recalls after ninety (90) days. Ifhe returns before the ninety (90) days, there will be no loss of seniority and they will return to their old department and job classification.

Section 4.2 - Bidding Rights

When permanent new jobs are created or vacancies requiring permanent replacement, as determined by the Company, occur and it becomes necessary to place an employee on the job, the job opening will be posted on each dining facility bulletin board for seven (7) working days. All postings shall state the job, the department (building number), present occupant, rate of pay, hours to be worked and date and time of posting and closing. The posting shall also provide space for employees to sign and withdraw their names. Any interested employee may sign the bid sheet indicating his interest in the position.

Jobs will be awarded on the following point system:

a. Seniority (possible 20 points)-All bidders will be awarded one (1) point per year of service.

b. Dependability (possible 20 points)-A bidder will be awarded; 20 points ifhe has no reprimands for absenteeism or tardiness active in his personnel file; ten ( 10) points ifhe has one active reprimand in his personnel file; or zero (0) points ifhe has two active reprimands in his personnel file.

c. Safety (possible 20 points)-A bidder will be awarded: twenty (20) points ifhe has no active reprimands for safety violation; zero (0) points ifhe has one or more active reprimands for safety violations.

d. Ability (possible 20 points)-A bidder will be given a score between zero (0) and twenty (20) based on the management's evaluation of the bidder's skills and abilities. Specific criteria for skills applicable to each job classification will be provided by the Company to the Union and the employees.

e. Work Rules (possible 20 points)-A bidder will be awarded; Twenty (20) points ifhe has no active reprimands for Work Rules Violations in his personnel file;

fifteen (15) points ifhe has one active reprimand for Work Rules Violations; ten

(10) points ifhe has two active reprimands for Work Rules Violations in his personnel file; and zero (0) points ifhe has three or more active reprimands for Work Rule Violations in personnel file.

The bidder scoring the highest total using the above point system will be awarded the position. If two (2) applicants receive the same score, then the applicant with the most seniority will be awarded the position.

Section 4.3 - Layoffs

In the event the Company finds it necessary to layoff employees for any reason, other than disciplinary, such layoffs shall be on the basis of seniority. Within all facilities covered under this agreement, layoffs will occur starting with the employees having the shortest period of continuous service. The Company shall recall such laid-off employees in the reverse order.

No new employees will be hired until all laid-off employees with recall rights have been contacted and accepted or declined the opportunity to return to work. The Company fulfills its obligations under this Section by sending notice to the last known address of the employee. It is the obligation of the employee to keep the Company informed of his current address and telephone number. When permanently closing a department, employees will be able to use their seniority to bump into their job classification in other departments. The junior employees in a job classification may be bumped into a lower classification provided the more senior employee is presently qualified to perform the less senior employees' work.

Employees from the closed department will have no recall rights to those closed positions if they re-open in the future and may exercise their rights under Section

4.2 (Bidding Rights) of this Article.

When a department is being closed temporarily (during exodus or for repairs), employees will be able to use their seniority to temporarily bump into their job classification in other departments. The junior employees in a job classification may temporarily bumped into a lower classification with no cut in pay scale provided - the more senior employee is presently quailed to preform the less senior employee's work. When department is re-open all employees will be returned to their former positions before the closing.

Section 4.4 - Scheduling

Scheduling of employees shall take into consideration, volunteers to meet the need to manage the business. When sufficient volunteers cannot fulfill the need, seniority shall be used to determine scheduling order.

ARTICLE 5 - MANAGEMENT RIGHTS

Section 5.1

The Company retains the exclusive right to manage the facility; to direct, control, and schedule its operations and workforce; and to make any and all decisions affecting the business, whether or not specifically mentioned herein. Such prerogatives, authority, and functions shall include, but are not limited to, the sole an exclusive rights to; plan, direct and control food service operations; determine when work is to be performed; judge the qualifications of employees, to schedule and assign work to employees; hire and promote employees; discharge, discipline and demote for just cause; layoff in accordance with Article 4; to establish work standards and work rules; determine, alter, revise, change or eliminate, by technological changes or otherwise, any or all means, methods, processes, materials and schedules of food service operations; and determine staffing requirements, including the number and size of crews. The Company agrees that it will it provide the Union with notice and an opportunity to consult with the Company over modifications to the existing work rules, however, the Company will implement any changes mandated by the U.S. Government as soon as such changes are required. All other rights not specifically granted to the Union and/or the employees under this Agreement are retained by the Company.

ARTICLE 7 - UNION RIGHTS

Section 7.1

No new classification will be established without first discussing the matter with the Union. If after discussing the matter with the Union, and no agreement is reached on salary for the new position, the Company may proceed with the new classification at a wage rate acceptable by the U.S. Government.

Section 7.2

Any non-bargaining unit employee of the Company will be permitted to perform work, normally performed by the employees in the bargaining unit for the following reasons only:

a. When he is instructing or training employees;

b. When difficulties arise in a facility such as: shortage of personnel or during inclement weather.

Salaried employees will not be used to deprive a bargaining unit employee of overtime or to displace a bargaining unit employee.

Section 7.3

Upon termination of an indefinite leave of absence, employees returning from leave shall return to regular employment status with cumulative seniority, provided they give two (2) weeks advanced notice of availability for work and are physically capable.

Section 7.4

If an employee is forced to leave his job during working hours because of an occupational accident or occupational illness, he will be paid his normal scheduled hours of pay for that day, ifhe left his job with the permission of his supervisor and reports to the Company physician or hospital as designated by his supervisor.

Section 7.5

Any employee who, with the consent of his supervisor and for his own convenience, does not complete the entire shift, shall be paid only the actual time worked on such shift.

Section 7.6

The Company shall provide a bulletin board in a location to be agreed upon by the Union Committee and the Company for posting of Union notices. If deemed necessary the Union will provide a board covered with glass and under lock and key, which shall be in possession of the Union. This board shall be used for display of the following notices: Union Meetings, Union appointments, Union elections, and Union social affairs.

ARTICLE 8 -ACCESS TO FACILITY

Section 8.1

Duly authorized representatives of the Union shall be permitted to investigate the standing of all bargaining unit employees, investigate conditions at any facility covered by this Agreement, and investigate grievances, provided that no interview shall be held during the rush hours or unreasonably interrupt the duties of an employee. No general or mass meeting shall take place in the dining facilities during working hours. The Company shall be notified by the Union of the identity of the Union representative.

Section 8.2

The representative of the Union shall contact the Project Manager or highest ranking Company representative present at the facility and inform him of the circumstances twenty-four (24) hours prior to coming to the facility. In the event the Union representative has unforeseeable need to make a visit in less than twenty-four hours prior to coming to the facility, the Union representative may request to do so and shall explain to the Project Manger the reason the required notice could not be given. The Company and the Union shall conduct themselves in such manner as to carry out the intent and spirit of this section.

ARTICLE 9 - PROBATIONARY PERIOD

Section 9.1

Every new or rehired employee shall be on probation for the first ninety (90) days of employment or re-employment. Whereas an employee has completed their thirty days of employment, they are eligible for medical and pension benefits on the first days of the month following their thirty-first day of employment.

Section 9.2

At any time during a probationary period, an employee may be discharged for any reason; this discharge is not subject to the grievance and arbitration provision outlined in this Agreement.

Section 9.3

Any employee promoted to a job classification covered by this collective bargaining agreement from a lower-paid classification shall be on probation for the first ninety (90) days of employment in the new classification. At any time during such a probationary period, the Company may, for any justifiable reason, return the employee to that employee's former position.

ARTICLE 10 - DISCIPLINE & DISCHARGE

Section 10.1

The normal reprimand procedure consists of three (3) steps as follows, written warning, three-day suspension, and discharge for just cause. The Company may proceed to termination for the following items: theft, drunkenness while on duty, drinking intoxicating beverages on the job, misuse of drugs, violence on the premises, insubordination or other severe or egregious conduct. For the purpose:

egregious shall mean conspicuously bad or flagrant behavior and in subordination shall mean deliberate, willful, or defiant conduct as opposed to inadvertent failure to comply with the employer's instruction. Just cause shall exist for the immediate discharge of any employee prohibited by the U.S. Government from being present on the Base. All reprimands and discharge notices shall be in writing and signed by the Project Manager. A copy of suspensions and/or discharge notices shall be given to the employee and the shop steward. All employees may exercise their Weingarten Rights and have a shop steward present during all discussions of discipline of that employee. The employee must request the steward to be present.

All suspensions and/or discharges will be subject to the grievance procedure outlined in Article 11 of this Agreement.

Section 10.2

Reprimands will be purged from the personnel file and not held against an employee after one year from date of issue.

Section 10.3

Reprimands shall be issued within seven (7) working days. Working days will be defined as business days Monday through Friday excluding weekends and Company/Union holidays. If an investigation into a reprimand requires more than the seven (7) working days prescribed in this Article, the Parties may mutually agree to extend the time needed for the investigation. Agreement shall not be reasonably withheld by either party. Under no circumstances shall be the time period greater than ten (10) additional working days excluding weekends and Company/Union holidays.

ARTICLE 11 - GRIEVANCE PRODECURE

Section 11.1 - Grievance Definition

A grievance is defined as any difference of opinion, controversy, or dispute between the Company and the Union, or between the Company and an employee with respect to wages, hours of work, working conditions, and interpretation or application of any provision of this Agreement, Section 11.2 - Grievance Committee

The Grievance Committee composed of at least three (3) members shall be the Union's representative and will recognized and dealt with by the Company as the Union's representative for settling grievances.

Section 11.3 - Initial Efforts to Settle Grievances

Every effort will be made by all parties concerned to settle each grievance at the lowest organizational level. An employee may discuss the situation with their immediate Assistant Manager and can obtain an informal resolution, provided that resolution is not inconsistent with this Agreement. The employee may have a shop steward or other member of the Local 1048C Union official present during this discussion if so desired. If no resolution can be reached after discussion, a grievance shall be written and proceed with the Grievance Procedure as outlined below.

Section 11.4 - Steps of Grievance Procedure

Step 1: The Union shall present their grievance to the Project Manager within seven (7) calendar days of the event or occurrence giving rise to the grievance. If the grievance is resolved, the resolution shall be reduced to writing to writing by the Project Manager, who shall furnish a copy to the employee the Union. If the grievance is not resolved at Step 1, the Project Manager shall give written response to the Union within seven (7) calendar days of the meeting.

Step 2: If the grievance is not settled satisfactorily under Step 1, the Union shall make a detailed investigation to determine whether the grievance should be carried further with the Company. If it is to be handled further, the Union shall notify the Human Resources Director in writing, but no later than seven (7) calendar days after receiving the Step 1 answer. The Human Resources Director may respond with a written answer within seven (7) calendar days or may arrange a meeting as soon as practical between the aggrieved employee in which the employee may have a shop steward or other member of the Local 1048C Union official present during this discussion if so desires. It is understood that the aggrieved employee may have their choice of shop steward or other member of the Local 1048C Union official present at this discussion if they so desire. Any resolution reached at this meeting shall be reduced to writing by the Human Resources Director, who shall furnish the Union with a Copy. If the grievance is unresolved, the Human Resources Director shall give a written answer seven (7) calendar days after the meeting.

Step 3: If the grievance is not settled satisfactorily under Step 2 and it is decided by the Union to carry the grievance further, the matter shall be submitted to the International Representative within seven (7) calendar days after receiving the Step 2 answer to make a detailed investigation to determine whether the grievance shall arrange a meeting with the Local President and/or International Representative, the Grievance Committee, Shop Steward, aggrieved employee, and the Human Resources Director as soon as practical. Any resolution of the grievance at this step shall be reduced to writing by the Human Resources Director, who shall furnish the Union with a copy. If the grievance is not resolved, the Human Resources Director shall give answer in writing within seven (7) calendar days. Both parties will make a sincere effort to resolve all grievances through the above procedures.

If the parties are unable to resolve the grievance in Step 3, the matter may be submitted to arbitration, by either party, as outlined in Article 12. Any employee attending a grievance meeting during his work hours shall receive his regular hourly rate. The Union may have the International Representative present with the Grievance Committee, Shop steward and the aggrieved employee at any step in the Grievance Procedure. All time limits specified in the Article may extended by written mutual agreement of the Union and the Company. If the Company fails to satisfy a time limit under the grievance procedure, the Union may invoke the process to the next Step. Should the Union fail to satisfy a time limit under the grievance procedure, the grievance will be considered resolved with the Company's most recent response. For matters dealings with discharges, final letters, or multiple grievances on the same issue, the Union at its option may omit the first and/or second steps of the grievance procedure. The Company may initiate a grievance at Step 3. All settled grievance answers shall be posted on the department or Union bulletin boards.

ARTICLE 12 -ARBITRATION

The Union will notify the Company within thirty (30) days after failure to resolve the dispute in Step 3, ifit intends to arbitrate the matter.

Within seven (7) calendar days of the receipt of the notice to appeal, the Parties shall attempt to mutually agree upon an impartial arbitrator. If the Parties are unable to agree within these seven (7) calendar days, the Union and the Company shall request the Federal Mediation and Conciliation Services to submit person qualified to act as the impartial arbitrator. A representative of the receipt of the list and shall alternately strike names from the list, the Party to strike first to be selected by lot. The fifth remaining person shall there upon be selected as the impartial arbitrator. Either Party may reject one whole panel, if they desire.

During the arbitration hearing each party shall have full opportunity to present evidence and argument, both oral and documentary. The impartial arbitrator will be requested to render his written decision and award within sixty (60) calendar days after the conclusion of the hearing. The arbitrator shall have no power to add to, subtract from, amend, change or modify any provision of this Agreement, but shall be authorized only to interpret the provisions of this Agreement and apply them to the specific facts of a grievance, which is subject to arbitration. The written decision of the arbitrator shall be final and binding upon all parties involved.

The fees of the arbitrator and necessary expenses, including transcripts if appropriate, of an arbitration proceeding shall be borne equally by the Company and the Union, except that each party shall pay the fees of its own counsel or representative. If an employee witness is called by the Company, the Company will reimburse him for time lost at his regular straight time base rate. If the employee witness is called by the Union, or if an employee-grievant is present at the hearing, the Union will reimburse such persons for lost time on the same basis.

ARTICLE 13-MILITARYLEAVE

Section 13.1

Any employee entering the military or naval service, Red Cross, or other combat relief conscripted civil 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 and will retain their seniority while in such service. Upon returning with an honorable discharge from service provided employees will be returned positions provided that they are physically and mentally capable of performing the work.

Section 13.2

An employee who is a member of a military reserve unit and who is required to participate in active training will be granted a leave of absence without pay for the period of such training duty. Upon returning they will be returned to their former positions with no loss of seniority.

Section 13.3

An employee applying for leave under this Article will give the Company at least five ( 5) days' notice prior to reporting date, if possible.

ARICLE 14 - LEA VE OF ABSENCE

Section 14.1

The Company will grant employees a leave of absence of not more than six ( 6) weeks in any 24-month period for the purpose of attending Union Conferences, Conventions or School. Such leaves will be without pay but will not affect the employee's seniority. Employees may request a leave absence not exceeding one

(1) year that the Company may grant in its sole discretion. All leaves covered under Family and Medical Leave Act (FMLA) will be granted in accordance with the law.

ARTICLE 15 - BEREAVEMENT LEAVE

1. In the instance of the death of a member of an employee's immediate family, and provided the employee has completed his/her probationary period, the Company will grant a paid leave to enable such employee to attend the funeral and otherwise assist in the arrangements pertaining to the burial of a member of the family. Such leave granted will be five (5) days in the event the deceased family member is outside the Commonwealth of Virginia, and three (3) days otherwise.

2. In the instance of the death of a member of an employee's extended family, and provided the employee has completed his/her probationary period, the Company will grant a paid leave of one ( 1) day to enable such employee to attend the day of the funeral and shall be applicable only to days within their regular work week.

3. A day's pay will consist of the employee's regular base rate for the hours scheduled during which the bereavement leave occurs and shall be applicable only to days within their regular work week. The employee's regularly scheduled days off shall not be counted as part of the bereavement leave.

a. The term "immediate family", as used herein, shall refer to the following member only: Mother, Father, Spouse/Partner, Children, Grandparents, Grandchildren, Siblings, and any other person that has been the employee's legal guardian or who was legal guardian of the employee, in-law, mother and father only and step with whom the employee lives in the same household, or family member that resides with the employee.

b. The term "extended family", as used herein, shall refer to the following family members: Aunt, Uncle, Niece, and Nephew.

An employee will be required to establish his/her entitlement to Bereavement Leave by presenting an obituary, death certificate, or other documentation to the Company within fifteen (15) days after returning from Bereavement Leave. Failure to provide proper documentation will result in the automatic collection of that bereavement leave aid from employee's next regular pay check.

ARTICLE 16-SHOP STEWARDS

Section 16.1

Shop stewards shall be designated by the Union from the group that they are to represent. The Union will notify the Company of the duly designated shop steward(s) at each facility.

Section 16.2

The shop stewards shall not interfere with the management of the business or direct any work of any employee, but may have discussions with the Company and employee of any working condition, other labor relations matter and any violation of the Agreement. He will also be allowed to participate in the investigation and settlement of grievances.

Section 16.3

Prior to leaving the work area, a shop steward will request permission from the supervisor. Shop stewards will not leave the work area during rush hours.

Section 16.4

A telephone will be made available to the shop stewards for the purpose of communicating with other Union Official and calls will be placed at no cost to the Company.

ARTICLE 17 -REST PERIODS

Section 17 .1

An employee who is scheduled to work four (4) continuous hours on a shift shall be entitled to one paid ten (10) minute approved rest period. An employee who works six (6) continuous hours shall be entitled to a 30 minute up to one hour approved meal period.

ARTICLE 18 - NOTICE OF LAYOFFS

Section 18.1

In the event of a reduction in force, the Company will give such notice to employees as is reasonable taking into account the notice given to the Company by the Government.

ARTICLE 19-WAGES

Section 19.1

The schedule of effective wage rates and job classification for employee covered under this Agreement may be based upon the awarded contract date, or no later than September 1, 2019.

Effective Date:

1. Cook I

2. Cook II

9/1/2019

$18.15

$15.77

3. Food Service Worker

4. Shift Leader

5. Rations Clerk

6. Dining Facility Clerk

7. Dining Facility Attendance

$14.25

$15.20

$14.78

$14.78

$14.25

Based upon the awarded contract date, or no later than September 1, 2019, any employee with at least ten ( 10) full years of service will be paid a longevity premium of thirty ($.30) per hour in addition to the wage scale outlined above.

Section 19 .2

Notwithstanding the wage rates listed above or anything in this Agreement to the contrary, in the event that the request for such wage rates is not approved by the U.S. Government and incorporated into the Company's contract with the U.S.

Government, such wage rates will not be binding upon the Company.

ARTICLE 20 - OVERTIME

Section 20.1

One and one-half (1 ½) times the hourly rate of pay will be paid for all time worked in excess of forty ( 40) hours per week.

Section 20.2

For overtime purposes, a day is the twenty-four (24) period beginning with the daily starting time as set forth in the Company's contract with the United States Government. The workweek runs from Monday at 12:01am until Sunday at midnight.

ARTICLE21-HEALTH& WELFARE

1. The parties agree that the following amounts shall be designated for health and welfare costs, not to exceed forty ( 40) hours per week and Two Thousand Eighty (2,080) per year for each employee:

Effective 9/1/2019: $5.52 per hour worked per employee

Current Rate in Effect: $4.27

For purposes of this Health and Welfare Addendum, the parties intend for "hours worked" to included all hours actually worked by the employee under the government contract, excluding any paid vacation, sick, or holiday hours, up to maximum of 40 hours per week and 2,080 per year.

2. The parties further agree that, at such times as the U.S. Government issues a new all agency memorandum concerning health and welfare benefits for contractors, the new rate shall when it is approved by the U.S. Government and incorporated into Company.

3. All employees who pass thirtieth (30th) day of employment shall be eligible, all benefits provided through the UFCE National Health and Welfare Fund. Such eligibility will continue, uninterrupted, regardless of number of hours worked in any given time period.

The only loss of eligibility will be:

a. Failure to return from a layoff for more than 90 days

b. Termination of employment

c. Retirement

d. Permanent Disability

ARTICLE 22 - UNIFORMS AND SAFETY SHOES

1. All employees who have completed their probationary period with the Company are eligible to receive a $40.00 voucher to purchase appropriate full-coverage black non-slip soled safety shoes from the Company. Safety shoes will be funded by the Company at the rate of one (1) pair per calendar year. The shoe style will be of an employee's choice, as long as the safety shoes fits the requirements. Safety shoes are a part of the required uniform for all employees.

Uniform

All employees will receive five (5) sets of uniforms from the Company.

ARTICLE 23 - NO STRIKES

Section 23 .1

During the term of this Agreement, the union shall not authorize, cause, engage in, sanction, assist in or encourage any work stoppage, strike or slow-down of operations, including but not limited to sympathy strikes, and the Company shall not lockout the employees.

Section 23 .2

The Company agrees that there shall be no liability on the part of the Local Union or the International because of any strike or slowdown provided the Local Union and the International shall promptly, after being notified of such strike or slowdown, follow the steps below:

a. Publicly declare that the strike or slowdown is authorized

b. Order its members to return to work in a normal manner.

c. In good faith use every reasonable effort to terminate such unauthorized strike or slowdown.

The Company reserves the right to discharge or otherwise discipline any employee taking part in any work stoppage, strike, or slow-down, including any refusal to cross the picket line of another employee group or unit.

ARTICLE 24- VACATION

1. Employees with one ( 1) or more years of service shall eligible for one ( 1) week of paid vacation.

2. Employees with two (2) or more years of service shall be eligible for two (2) weeks of paid vacation.

3. Employees with five (5) or more years of service shall be eligible for three (3) weeks of paid vacation.

4. Employees with ten (10) or more years of service shall be eligible for five (5) weeks of paid vacation.

5. Employees with 25 (twenty-five) or more years of service shall be eligible for 6 (six) weeks of paid vacation.

6. Length of service includes the whole span of continuous service with present (successor) contractor wherever employed and with the predecessor contractors in the performance of similar work at the same federal Base.

7. Vacations shall not be accumulated from year to year, nor taken back to back.

Vacations schedules must be approved in advance by the Company.

8. An employee will not receive an extra day's vacation nor be paid an extra day's pay for a paid holiday which falls within his vacation period.

9. Temporary layoffs during the year will interrupt the continuity of service for the purpose of eligibility for vacation, however, any layoff during the Christmas holidays or Exodus (block leave) will not interrupt the continuity of service for the purpose of eligibility for vacation.

10. Vacation Pay will be computed based upon the hours worked in the employee's normally scheduled work week.

11. All earned vacation shall be scheduled during employee anniversary vacation year, the year in which the vacation is earned and requested thirty (30) days in advance.

12. Priority in scheduling will be given consistent with the employee's seniority. If more than one employee requests vacation on the same day and for the same period of time as another employee priority in scheduling vacation will be scheduled on a first come first served basis.

13. Unused vacation leave will be paid out on a separate check.

14. All vacation will be paid at the regular rate of pay.

ARTICLE 25 - HOLIDAY

Holidays for which every employee will be compensated at the hourly base rate of are as follows:

New Year's Day

Martin Luther King, Jr. Day

President's Day

Memorial Day

Labor Day

Columbus Day

Veteran's Day

Thanksgiving Day

Independence Day Christmas Day

Employee's Birthday ( after one ( 1) year of service) - In order for an employee to qualify for their paid birthday, the employee must have worked their regular scheduled work day immediately preceding their birthday and their regularly scheduled work day immediately following their birthday. Employees are to request thirty (30) days in advance to be off.

1. Holiday Pay will be computed based upon the hours worked in the employee's normally scheduled work day.

2. Any work performed on a holiday will be paid at the employee's regular rate of pay. If any of the named holidays fall on a non-working day, the employee shall receive an additional day's pay above their normal compensation.

3. In order for an employee to qualify for a paid holiday, he must have worked his regularly scheduled work day immediately preceding the holiday and his regularly scheduled work day immediately following the holiday.

ARTICLE 26 - SICK LEA VE

1. All employees shall be entitled to paid sick leave accruable on the basis of one

(1) hour paid sick leave for every thirty (30) hours worked, not to exceed sixty-four ( 64) hours of paid sick leave. This equals to eight (8) days of sick leave determined by employee's hours.

2. Sick leave shall be used for an employee's personal illness, well-care and medical and dental appointments. Sick leave also shall be used for illness and well care and medical and dental appointments of a member of an employee's immediate family (including the employee's spouse/partner, children, mother and father).

3. Unused sick leave will be paid out by the last pay period of April in each year of this Agreement.

4. The predecessor contractor will under no circumstances, be responsible for any portion, prorated or otherwise, of payment to the employees once it no longer holds the contract.

ARTICLE 27 - PENSION

Pursuant to the Parties' side agreement, the Company agrees that the employees shall participate in the UFCW Pension Plan based upon hourly contributions rates described herein, subject to applicable maximum contributions of forty ( 40) hour per week and Two Thousand Eighty (2,080) hour per year.

Increase the pension amount follows:

Effective 9/1/2019: $1.56 per hour worked per employee.

Unless the applicable wage determination specifies otherwise, the parties intend for "hours worked" to include all hours the employee is paid for under the government contract, including any paid vacation, sick or holiday hours, up to the maximum of 40 hours per week and 2080 per year.

ARTICLE 28 -JURY DUTY

Any employee who is summoned to serve on jury duty or any employee, except a criminal defendant, summoned or subpoenaed to appear in any court of law or equity when a case is to be heard or who, having appeared, is required in writing by the court to appear at any future hearing, shall neither be discharged from employment nor have any adverse personnel action taken against him, nor shall he be required to use sick leave or vacation time, as a result of the absence from employment due to jury duty or court appearance, upon giving the Company reasonable notice of such cost appearance or summons. An employee scheduled to work on evening shift is not expected to work the remainder of his or her shift after having served on jury duty or as a witness that day. Employee's who meet the requirement of this section for jury duty shall be paid the difference between their documented pay for such service and the employee's pay for scheduled hours not work as a result of such service.

ARTICLE 29 - INDIVIDUAL CONTRACTS

No employee shall be compelled or allowed to enter into an individual contract or agreement with the Company concerning the condition of employment contained herein.

ARTICLE 30 - GOVERNMENT REQUIREMENTS

Section 30.1

The Union agrees to cooperate with the Company in all matters required by the Unites States Government. The Union recognizes that the terms and conditions of the Agreement are subject to certain sovereign priorities which the United States Government may exercise. The Union agrees that any actions taken by the Company pursuant to a requirement of the United States Government shall not constitute a breach of this Agreement. Nothing in this Agreement shall be construed to prevent institution of any change prior to discussion with the Union where immediate change is required by the United States Government. The Company will, however, negotiate with the Union concerning the effects of any such change that would be a mandatory subject of bargaining.

ARTICLE 31 - GENERAL PROVISINS

Section 13.1 This Agreement and Addendum, when accepted by the parties hereto and signed by the respective representatives thereunto duly authorized, shall constitute the sole agreement between them involving the employees covered by the Agreement. Any alteration or modification of this Agreement must be made by and between the parties hereto and must be in writing.

Section 31.2

In the event any provision of this Agreement or of any Addendum hereto is declared invalid by any court of competent jurisdiction or Governmental agency, such invalidation shall not affect the remaining provisions of this Agreement and Addendum.

Section 31.3

Any employee leaving the service of the Company will, upon request from the employee, be furnished with a letter setting forth the Company's record of his job classification, stating his length of service and beginning and ending rate of pay.

Section 31.4

Employees entering the service of the Company may be required to take a physical examination and/or a drug and alcohol test as specified by the Company. Any time thereafter, an employee may be subjected to further physical examinations and/or drug and alcohol testing during the course of his or her employment or upon recall to service after layoff or leave of absence. Drug and alcohol tests shall be conducted in accordance with the Company's written substance abuse policy. The levels considered to be positive test shall be those contained in the Department of Transportation regulations for controlled substance testing.

Section 31.5

Prior to 12:00pm on Friday, the next week's work schedule shall be posted in each area. If changes are made and employees are off work, the supervisor will attempt to contact the affected employees to notify them of the changes in the schedule.

Section 31.6

As part of the employment process, the Company may require employees to obtain a security clearance, or the Company may conduct employee background investigations.

Section 31.7

The Company will provide to employees upon request, by the end of the work day on Thursday, a copy of the previous week's time record. Any discrepancies may be investigated by the Union.

Section 31.8

It is understood by this section that the parties shall not use any leasing or sub contracting devise to evade the terms of this Agreement.

Section 31.9

Any employee sent home before their scheduled shift is complete, through no fault of their own shall receive a minimum of four (4) hours at their current rate.

ARTICLE 32 - SUCCESSORS AND ASSIGNS

To the extent permitted by law, the Employees agrees that this Agreement shall be binding upon purchasers and assigns and that the Employer will give prior notice to, and obtain agreement from, such purchasers and assigns to this transfer of obligation provided, however, that the transferee shall only be liable (pursuant to this provision) for its own violation of this Agreement.

ARTICLE 33 - SAFETY

Section 33.1

The Company will provide all employees with a safe and healthful work environment. Every employee will perform their work in a safe and healthful manner and abide by all safety rules. In fulfilling its obligation to provide a safe and healthful work environment, the Company will maintain an active safety program consisting of such things as regular safety meetings, regular safety inspections, safety audits, incidents investigations, and safety training.

Section 33.2

A committee consisting of three Union representatives and three Management representatives will exist to discuss safety-related items. This committee will meet on a regular basis to review all incident investigation, discuss safety problems, conduct inspections, and make recommendations to management, which will improve safety conditions in the facility. Should a special meeting be scheduled, all Union employees will be paid overtime for all hours worked beyond their normal working schedule.

Incident investigation shall be conducted with no less than two (2) members of the Union Safety Committee on the investigation team. If only one member of the Union Safety Committee is available, the Union may select an alternate Union Member to serve on their investigation team. If needed, the Company will pay overtime to any Safety Committee member or alternate who is required to remain beyond hid regularly scheduled shift to complete an investigation.

Section 33.3

Employees shall not be required to perform any manner of work, which may jeopardize their personal safety.

Section 33.4

There will be safety meeting held monthly.

ARTICLE 34 -TECHNOLOGY

Approved Technology may only be used for emergency purposes.

ARTICLE 35 -ADDENDUM

Each year for the duration of this Agreement the Company and Union agree to discuss increases or decreases as to Safety, Health & Welfare, Pension Plan and other benefits. Any modifications agreed upon will be set out in an Addendum to this Agreement and will be submitted to the U.S. Government for approval and incorporation into the Company's contract with the U.S. Government.

Notwithstanding anything in their Agreement to the contrary, in the event that the request for such wages and benefits is not approved by the U.S. Government and incorporated into the Company's contract with the U.S. Government, such wages rates and benefits will not be binding upon the Company, and the parties will meet and bargain over a revised schedule of wages and benefits.

ARTICLE 36-DURATION

This Agreement shall become effective September 1, 2019 and shall continue in full and effect until midnight August 31, 2020 and shall renew itself for a term of one year each successive year thereafter unless written notice of an intended change is served in accordance with the Labor Management Relations Act, as amended, by either party hereto at least sixty ( 60) days, but more than ninety (90) days prior to the termination date of the contract. In witness whereof, the parties hereto have executed this Agreement effective this J.. l.. day of

H~u)+ , 2019

FOR:

Chemical Workers Union Council/UFCW Local 1048C

,' . j . ✓c..

International Che.mica! Workers Union Council of the

United Food and Commercial Workers International Union

Date: d 7 Hljj U--)+ Jo ) 'j

FOR:

Victoria Cantu, Vice President