ATTACHMENT VI 2025-264 CBA_Redacted.pdf

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Government-Owned, Contractor-Operated (GOCO) Fuel Services at NAWS China Lake, California
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SPE60326R0530
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This is a Collective Bargaining Agreement between Olgoonik Worldwide Services, LLC and the International Association of Machinists and Aerospace Workers District 725, Local 25, effective June 1, 2024 through June 1, 2027. The agreement covers employees performing fuel services and refueling operations on a Defense Logistics Agency (DLA) Energy contract at China Lake Naval Air Weapons Station in Kern County, California. The agreement establishes wage rates for five job classifications: Truck Driver ($23.48 WD rate, increasing to $26.08 on March 1, 2025, $27.64 on March 1, 2026, and $29.30 on March 1, 2027); Fuel Distribution System Operator ($32.27 to $39.08); Accounting Clerk II ($19.97 to $26.10); and Dispatcher Motor Vehicle ($23.10 to $28.83). Employees currently earning above these rates receive a 2% annual pay increase. The agreement includes a health and welfare contribution of $6.00 per hour effective March 1, 2025, increasing to $6.25 on March 1, 2026 and $6.50 on March 1, 2027, up to 40 hours weekly for mandatory and voluntary benefits.

The agreement establishes standard employment terms including a 40-hour workweek for full-time employees with overtime paid at 1.5 times the regular rate for hours exceeding 40 per week, and double-time for hours exceeding 12 per day. Vacation accrual ranges from 3.076 bi-weekly hours (0-4.99 years service) to 6.153 hours (10+ years service), with maximum annual accruals of 80-160 hours depending on tenure. Employees receive 11 paid holidays plus two floating holidays annually, paid sick leave at 1 hour per 30 hours worked (maximum 56 hours per year), bereavement leave of three paid and two unpaid days for immediate family, and jury duty leave at regular base rate. The agreement contains union security provisions requiring membership or agency fee payments effective March 1, 2025, a 90-day probationary period with at-will employment, progressive discipline procedures, and a four-step grievance and arbitration process. Management retains authority over hiring, scheduling, work methods, and safety compliance, while the union maintains one steward per shift with non-discriminatory protections. The agreement includes no-strike and no lockout clauses with immediate discharge for strike participation.

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

THE SERVICE CONTRACT ACT |EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary | WAGE AND HOUR DIVISION of Labor | WASHINGTON D.C. 20210

| Wage Determination No.: CBA-2025-264

Diane Koplewski Division of | Revision No.: 0

Director Wage Determinations| Date Of Last Revision: 06/17/2025

State: California

Area: Kern

Employed on DEFENSE LOGISTICS AGENCY contract for Employed on DEFENSE LOGISTICS AGENCY (DLA) ENERGY contract for FUEL

SERVICES

AND ALONGSIDE REFUELING..

Collective Bargaining Agreement between contractor: Olgoonik Worldwide Services, and union: INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS DISTRICT 725, Local LOCAL 25, effective 06/01/2024 through 06/01/2027.

In accordance with Section 2(a) and 4(c) of the Service Contract Act, as amended, employees employed by the contractor(s) in performing services covered by the

Collective Bargaining Agreement(s) are to be paid wage rates and fringe benefits set forth in the current collective bargaining agreement and modified extension agreement(s).

COLLECTIVE BARGAINING AGREEMENT

BY AND BETWEEN

OLGOONIK WORLDWIDE SERVICES, LLC

AND

INTERNATIONAL ASSOCIATION OF

MACHINISTS AND AEROSPACE WORKERS

DISTRICT 725, LOCAL 25

June 1, 2024 – June 1, 2027

Table of Contents AGREEMENT ----------------------------------------------------------------------------------------- 3 ARTICLE 1 UNION RECOGNITION ----------------------------------------------------------- 3 ARTICLE 2 UNION SECURITY ------------------------------------------------------------------ 3 ARTICLE 3 U.S. GOVERNMENT REQUIREMENTS ----------------------------------------- 4 ARTICLE 4 SCOPE OF BARGAINING --------------------------------------------------------- 4

ARTICLE 5 MANAGEMENT RIGHTS AND OBLIGATIONS -------------------------------- 4

ARTICLE 6 CHECK OFF -------------------------------------------------------------------------- 5 ARTICLE 7 GENERAL PROVISIONS ----------------------------------------------------------- 5

ARTICLE 8 VISITATION BY AUTHORIZED AGENT AND STEWARDS ------------------ 6

ARTICLE 9 HIRING OF NEW EMPLOYEES --------------------------------------------------- 7 ARTICLE 10 JOB CLASSIFICATIONS & WAGE RATES -------------------------------------- 7 ARTICLE 11 SENIORITY -------------------------------------------------------------------------- 8 ARTICLE 12 DISCIPLINARY PROCEDURE ---------------------------------------------------- 9

ARTICLE 13 GRIEVANCES AND ARBITRATION PROCEDURE -------------------------- 10

ARTICLE 14 HOURS OF WORK AND CALL-IN --------------------------------------------- 11 ARTICLE 15 VACATIONS ---------------------------------------------------------------------- 14 ARTICLE 16 HOLIDAYS ------------------------------------------------------------------------ 15 ARTICLE 17 LEAVE OF ABSENCE ------------------------------------------------------------- 16 ARTICLE 18 SICK LEAVE ----------------------------------------------------------------------- 16 ARTICLE 19 BEREAVEMENT LEAVE --------------------------------------------------------- 17 ARTICLE 20 JURY DUTY LEAVE -------------------------------------------------------------- 18 ARTICLE 21 HEALTH AND WELFARE -------------------------------------------------------- 18 ARTICLE 22 TRAINING ------------------------------------------------------------------------- 19 ARTICLE 23 SAFETY ---------------------------------------------------------------------------- 20 ARTICLE 24 CLOTHING AND EQUIPMENT ------------------------------------------------ 20 ARTICLE 25 NOTICE OF LAYOFF ------------------------------------------------------------- 21 ARTICLE 26 SEPARABILITY CLAUSE --------------------------------------------------------- 21 ARTICLE 27 NO STRIKE, NO LOCK-OUT CLAUSE ----------------------------------------- 21 ARTICLE 28 SUCCESSORS AND ASSIGNS -------------------------------------------------- 22 ARTICLE 29 TERM OF AGREEMENT -------------------------------------------------------- 23

AGREEMENT

This agreement made and entered into this day 1 June 2024 by and between Olgoonik Worldwide Services, LLC, hereinafter referred to as the ‘Company’, and International Association of Machinists and Aerospace Workers, hereinafter referred to as the ‘Union’.

ARTICLE 1

UNION RECOGNITION

1.01 The Company recognizes the Union as the exclusive collective bargaining agent for bargaining unit described in NLRB Case 31-RC-332937.

ARTICLE 2

UNION SECURITY

2.01 All employees in the bargaining unit, who are in good standing on the effective 1 March 2025, shall be required as a condition of continued employment with the Company, to maintain membership in the Union to the extent of current monthly dues and initiations fees and reinstatement fees, if any, commencing not later than the thirty-first (31st) day following the effective (execution) date of this Agreement or pay an agency fee to the Union equal to the amount of monthly dues.

2.02 Any employee hired on or after the 1 March 2025 date, shall become a member of the Union not later than ninety-one (91) days after his/her date of employment.

Such an employee, as a condition of continued employment, shall maintain his/her membership in the Union to the extent of current monthly dues, initiation fees and reinstatement fees, if any, or pay an agency fee to the Union equal to the amount of monthly dues.

2.03 Any present employee who, on the 1 March 2025, is not a member of the Union, who thereafter chooses to join the Union, must maintain their membership thereafter as provided in Section 2.01 above or pay an agency fee to the Union equal to the amount of monthly dues.

ARTICLE 3

U.S. GOVERNMENT REQUIREMENTS

3.01 The Union agrees to cooperate with the Company in all matters required of the United States Government and the Union recognizes that the terms and conditions of this Agreement are subject to certain sovereign priorities which the United States Government may exercise. The Union agrees that any action taken by the Company pursuant to a requirement of the United States Government shall not constitute a breach of this Agreement, provided that the Union is afforded reasonable notice under the circumstances of any action contemplated by the Company which will affect the terms and conditions of employment of the employees covered by this Agreement and is given reasonable opportunity to discuss such changes with the Company. Nothing in this Agreement, however, shall be construed to prevent institution of any changes prior to discussion with the Union where the United States Government requires such changes.

ARTICLE 4

SCOPE OF BARGAINING

4.01 The Company and Union acknowledge that this Agreement constitutes the sole and entire agreement between the parties and expresses all obligations and restrictions imposed on each of the respective parties during its term.

ARTICLE 5

MANAGEMENT RIGHTS AND OBLIGATIONS

5.01 Except insofar as it is specifically abridged by express provisions of this Agreement, the Management of the Company and the direction of the working force are vested in the Company. This includes the right to hire, assign, transfer, promote, reclassify, suspend for just cause, discipline for just cause, or discharge for just cause, to relieve employees from duty because of lack of work, the making of reasonable rules and regulations not in conflict with this agreement.

The Company shall notify the Union five (5) days prior to the institution of new rules and regulations when possible, and to maintain discipline and efficiency of employees.

5.02 The Union recognizes that it is the function and the right of the Company to exercise its discretion in developing processes which meet the standards of Government requirements and customer acceptance, to meet competition, in order that its business and jobs and wages are protected.

5.03 Rules and regulations shall be enforced consistently. Where the CBA is silent and the Company Policy Manual addresses an issue, the Company Policy Manual prevails.

5.04 There shall be no discrimination in regard to hires, tenure, terms or conditions of employment because of race, color, sex, marital status, age, religion, national origin, ancestry, disability, or because the individual is a disabled Veteran.

5.05 The Company shall be the judge of all matters pertaining to the location of operations, production and work schedules; and the methods, processes and means of servicing and materials to be used, including the right to introduce new and improved methods or facilities and to change existing methods or facilities.

ARTICLE 6

CHECK OFF

6.01 The Company agrees to withhold and to remit promptly to the Union the initiation/reinstatement fee and monthly dues from the paycheck of each employee covered by this Agreement, in accordance with a written order which the Union agrees to furnish signed by each individual employee.

6.02 Such deductions shall be made by the Company from wages of employees for their first pay period in the calendar month and will be transmitted to the Union no later than the 25th day of the month unless unable to do so because of equipment breakdown or force majeure.

6.03 The Union shall indemnify the Company against and save it harmless from any claims, loss, damage, cost or expense arising out of any wrongful deduction and payment of any amount under this Article.

ARTICLE 7

GENERAL PROVISIONS

7.01 Bulletin Boards and Posting Notices

7.01.1 The Company will afford the Union a bulletin board clearly identified as “Union Business” where only Union notices will be displayed. The Union shall not distribute or post, nor authorize its members to distribute or post any material anywhere on the Company’s property other than herein provided or permitted by applicable State or Federal law.

7.01.2 It is agreed that the Union will be permitted to post on the bulletin board provided by the Company: (1) Notices of Union recreational affairs; (2) Notices of Union elections and election results; (3) Notices of Union appointments; (4) Notices of Union meetings; and (5) Such other notices as may be mutually agreed upon by the Union and Company.

7.02 Company Provided Information

7.02.1 The Company will furnish to the Union information, as required by law, including but not limited to a list of employees, wages, date of hire, and contact information.

7.02.2 The Union agrees that the alleged violations of the Company’s duty to provide information will be subject to the grievance and arbitration procedures of this Agreement.

ARTICLE 8

VISITATION BY AUTHORIZED AGENT AND STEWARDS

8.01 Upon advance notice to the Company and with the Company’s permission, which shall not be unreasonably withheld, an authorized agent of the Union shall have reasonable access to the Company’s premises for the purpose of investigating grievances or for meetings with the Company concerning matters covered by this Agreement, provided the Union agent does not interfere with the conduct of the Company’s business. Such Union agent may be accompanied by a Company representative and shall be subject to comply with all security and access requirements of the facility.

8.02 The Company agrees to recognize the stewards as appointed by the Union.

There shall be no more than one (1) steward and alternate per shift at any one time during the life of this Agreement.

8.03 The steward or alternate may assist with the investigation, presentation, and settling of grievances during non-work hours, unless authorized by the Site Manager to do so during work hours. Steward or alternate shall not be discriminated against in discharging duties assigned them by the Union.

8.04 The shop steward or alternate have no authority to take strike action or any other work stoppage, interrupting the Company’s business.

Any employee who is currently earning above the rates listed above will receive a two percent (2.0%) pay increase annually based upon the cadence listed above.

10.02 If an employee is requested or required by the Management to do work in a higher rated classification during the course of a workday, the employee shall receive the higher rate of pay for all hours worked that day. When an employee is requested to work in a lower rated classification during the course of a workday, the employee shall receive his/her scheduled rate of pay for the entire day on which such work is performed.

10.02.1 If an employee is placed on light duty by a medical provider and light duty restrictions cannot be accommodated in their current job classification, the company may, subject to work availability, offer the employee the opportunity for temporary re-assignment to a new job classification. Such reassignments will be paid in accordance with the new, temporary job classification. All temporary reassignments will be completed in writing and only upon agreement by both the Company and the employee with notice to the Union.

ARTICLE 11

SENIORITY

11.01 Seniority is based upon continuous length of service on the government contract and shall be the governing factor in the retention or lay-off of employees, provided ability and efficiency are equal, as follows: Employees who are full-time, seniority shall take precedence over employees who work less than full-time. For the purpose of this Article, seniority of a full-time position shall begin on the date a part-time employee is placed in a full-time position. When a job opening becomes available the job will be filled by a qualified employee who applies based on performance and qualifications. If performance and qualifications are equal seniority will prevail.

11.02 Any unit employee, who terminates or is terminated from the bargaining unit and later returns to the bargaining unit, will return to the bottom of the unit seniority.

Company non-eligible employees who enter the bargaining unit, who have never worked in the bargaining unit, shall enter the bargaining unit at the bottom of the unit seniority.

11.03 Hours of preference - Upon parties becoming signatory to this agreement, unit employees may exercise their seniority for hours preferences within assigned work areas. Part-time employees' shift schedule selection shall be based on seniority. Shifts are predicated on flying schedule, and in the event that a part-time employee cannot be available at the beginning of the assigned shift, management reserves the right to select another part-time employee that meets the scheduling requirements.

11.04 An employee shall be considered as a probationary employee until they have completed ninety (90) days employment after their date of hire by the Company.

During the probationary period, employees can be terminated for any reason without recourse to the grievance and arbitration provisions of this Agreement.

ARTICLE 12

DISCIPLINARY PROCEDURE

12.01 The Company shall not discharge any employee without just cause and shall give at least one (1) verbal warning notice of the complaint against such employee. Verbal warnings will remain in the employee file for twelve (12) months for disciplinary reasons, and then will be moved to a performance review folder to be used during the current performance review period. If the same employee is involved in a second complaint, the Company shall give written notice of the complaint to the employee, put a copy in the employee’s personnel file, and a copy of the notice shall be furnished to the Union.

12.02 If the same employee is involved in a second similar complaint within a period of twelve (12) months from the date of the written notice, such employee may be subject to discharge at the option of the Company (subject to the grievance procedure). A written warning notice shall remain in effect for a period of twelve

(12) months from the date it is given (subject to the grievance procedure).

12.03 No warning notice needs to be given to an employee before he/she is discharged if cause of discharge is dishonesty, drunkenness, or being under the influence of/or in possession of illegal drugs, or the illegal use of dangerous drugs while on duty, recklessness resulting in serious accident on duty, refusal to comply or assist in the operations of the company when reasonable requests are made by supervisory personnel which are not in conflict with terms of this agreement and/or obligations under the Government Contract.

12.04 Safety Violations: Progressive consequences as specified below for safety violations will normally be provided to employees. However, at the Company’s sole discretion an employee will be discharged from employment if investigation reveals willful disregard for Company or Government safety rules and/or regulations; or if the violation resulted in serious injury to any individual or significant property damage. Progressive disciplinary consequences are:

12.04.1 First violation – one (1) day suspension without pay

12.04.2 Second violation within one (1) year – three (3) days suspension without pay

12.04.3 Third violation within one (1) year – termination at the option of management

12.05 All safety violations will be documented and placed in the appropriate employees records for a period of one (1) year (subject to the grievance procedure).

ARTICLE 13

GRIEVANCES AND ARBITRATION PROCEDURE

13.01 The parties to this Agreement, in the interest of resolving all disputes arising out of the interpretation or application of this Agreement, have settled upon the following as an exclusive, final, and binding procedure for the resolution of all disputes, including complaints or grievances arising out of interpretation or application of this Agreement. Disputes, complaints, or grievances of either party hereto arising out of all other provisions of the Agreement shall be resolved in accordance with the following procedures where applicable. Further, the Company may utilize Step 4 below for any grievance or dispute it might have not included in the subject matter covered by Steps 1, 2, and 3 hereof.

13.01.1 Step One: Any aggrieved employee shall be entitled to utilize the grievance procedure. Such employee may discuss his/her grievance with his/her immediate supervisor with or without the shop steward.

13.01.2 Step Two: If the grievance is not settled, he/she shall report the matter to the shop steward responsible for the shift. If the latter believes that the grievance is meritorious he/she shall attempt to resolve that grievance with the designated Contract Manager of the Company within five (5) working days (Monday through Friday) from the date of the alleged incident that precipitated the grievance. If the grievance is not resolved within the said five (5) working day period, the grievance shall be reduce to writing and referred to Step 3, and the Contract Manager immediately furnished a copy. Further, in the event that the aggrieved employee fails to comply with the procedures set forth in this Step 2 within the time limits established, this shall constitute a waiver of the grievance and the matter shall be considered settled in favor of the Company.

13.01.3 Step Three: The aggrieved employee shall refer the matter to the Business Manager of the Local Union who shall attempt to resolve it with the Company. If no satisfactory settlement is reached within thirty (30) additional days, refer the matter to Step 4, arbitration. Any matter not referred to arbitration within the said period shall be deemed finally settled and the grievance waived, and no further action shall be taken.

13.01.4 Step Four: The party involving the provision of Step 4 shall within the said thirty (30) additional days period, request in writing (copy to the other party), the Federal Mediation and Conciliation Service to supply the parties with a list of seven arbitrators and the selection of an arbitrator. The conduct of the arbitration proceedings shall be in accordance with the procedure of the Federal Mediation and Conciliation Service. Upon receipt of the list of arbitrators, the parties hereto shall meet within a period of thirty (30) days from the date hereof and invoke the following procedure to arrive at an impartial arbitrator: The party desiring the arbitration shall strike the first name, notifying the other party of such action and each party in turn then striking one name until one name only remains, who shall be designated as the impartial arbitrator.

This procedure shall take place virtually.

13.01.5 The arbitrator shall be empowered only to interpret and apply the provisions of this Agreement and shall have no authority to add to, subtract from or modify any provisions of this Agreement. Wages are not subject to arbitration. Each party shall bear its own cost in connection with the arbitration, including the cost of any transcript desired by it, but the fee and expenses of the arbitrator shall be shared equally by the parties.

ARTICLE 14

HOURS OF WORK AND CALL-IN

14.01 For full-time employees, forty (40) hours per week shall constitute the normal work week, provided, however, that this shall not be deemed to constitute a guarantee by the Company of any particular number of hours per day or per week to any employee. All hours worked in excess of forty (40) hours per week in the employee's regularly scheduled workweek shall be paid for at the rate of time and one-half. Overtime pay shall not be pyramided.

14.02 Employees who are regularly scheduled to work less than thirty-five (35) hours per week shall be considered part-time.

14.03 The Company shall have the right to schedule working hours and to make revisions to such schedule to meet the needs of the Government. This schedule shall be posted by twelve (12) noon each Friday. Typically, each full-time employee will be scheduled for five (5), eight (8) hour shifts in the first week of the pay period, and four (4), ten (10) hour shifts in the second week of the pay period.

14.04 Overtime shall be paid at the rate of one and one-half (1 ½) times the regular rate of pay for all hours paid performed in excess of eight (8) hours in one day or in excess of forty (40) hours in single week. All hours paid in excess of twelve (12) hours per day will be paid at the double times the straight time rate of pay.

14.05 Employees whose shift begins after 14:30 will receive a $0.75 shift differential for all hours worked.

14.06 Any employee scheduled to work or is called in by the Company shall receive a minimum of four (4) hours of work on the day shift or four (4) hours of work on the night shift or be paid for the difference, if any, between the time worked and four (4) hours day or four (4) hours night at his/her regular straight time rate if sent home before that time if he reported for work at the required time, unless the Company has taken reasonable steps to notify such employee that there would be no work.

14.07 The Company reserves the right to conduct prescheduled "all employee" meetings lasting approximately one hour on occasion. Employees will only be paid for their actual time of attendance at such meetings.

14.08 All employees shall have two (2), fifteen (15) minute breaks, one (1) for the first four (4) hours and one (1) for the second four (4) hours. If the employee works twelve (12) hour shifts, they will be entitled to a third fifteen (15) minute break. All breaks will be governed by the flying schedule. If agreed upon by all employees, employees may work their normal shift without a formal lunch period. Employees may eat their lunch while waiting for aircraft to refuel.

14.09 All scheduled overtime shall be offered in seniority order. The Company agrees that the most senior employees shall be offered first choice of overtime, if qualified for the task or position. If the Company still has a need for additional workers for said overtime, then the Company shall force from the bottom up until enough workers are found to work the scheduled overtime.

14.10 No employee scheduled for work or called in by the Company shall be required to stand by waiting for an assignment without being paid his/her regular straight time rate during such waiting period, unless the Company took reasonable steps one hour in advance of scheduled time to notify such employee that there would be no work and that his/her starting time had been changed.

14.11 Employees are expected to report to work as scheduled. However, the Company recognizes that unforeseen circumstances may prevent an employee from attending work.

14.11.1 Employees who are unable to report to work must notify their immediate supervisor by phone or other approved method at least one (1) hour prior to their scheduled start time, unless otherwise incapacitated. In cases where advanced notice is not possible, the employee must provide notification as soon as practically possible.

14.11.2 The notification should include the reason for the absence and the expected duration, if known. If the duration is not known, the employee must provide daily updates unless otherwise arranged with the supervisor.

14.11.3 Employees are required to confirm their return-to-work date with their supervisor at least twenty-four (24) hours in advance if the absence was for more than three (3) days. This allows the Company to make necessary adjustments to work assignments and staffing.

14.12 If inclement weather conditions do not permit the employee to perform his/her regularly scheduled duties and there is no other work available in line with normal duties, the employee may be given the option to perform other work in any classification. If NO work can be performed due to inclement weather conditions, employees shall be relieved of duty, without pay, for the remainder of the workday. The employee may, at his/her discretion, elect to request vacation/sick/personal leave for the remainder of the day.

14.13 When employees have agreed to work or have been directed to report for duty, they will be expected to report as specified or employees must notify the Company management no later than one (1) hour prior to beginning his/her shift, and failure to report may subject them to disciplinary action. The Company will give one (1) hour notice to an employee needed to work late prior to getting off on his/her scheduled time unless situation is beyond Company control.

15.08 If a holiday occurs during an employee's vacation, the observance date of the holiday will not count as vacation time.

15.09 Any question or difference as to the amount of vacation or the definition and application of seniority should be discussed with an employee's supervisor. An earnest effort shall be made to answer these questions and differences informally with the supervisor and union steward present.

15.10 At the time of termination for any reason the employee shall be paid for accrued, unused vacation time.

ARTICLE 16

HOLIDAYS

16.01 Employees covered by this Agreement shall be entitled to the following paid holidays:

New Year’s Day Columbus Day

Martin Luther King Day Veterans Day

President’s Day Thanksgiving Day

Memorial Day Christmas Day

Juneteenth Day Labor Day

Independence Day Two (2) Floating Holidays

16.02 The Company agrees, if approved and directed by the DLA Energy Contracting Officer (CO), to observe any day, or part thereof, off declared off by the either the President, or the U.S. Congress, at China Lake NAS. Workload permitting, liberal leave policy will be available for Company employees at management's discretion for days not approved and directed as a holiday by the Contracting Officer. Days approved and directed by the Contracting Officer will be treated as Holidays as defined by this section.

16.03 All employees shall receive two (2) Floating Holidays per year to be used at the employee's discretion. Part-time employees shall receive two (2) Floating Holidays per year, pro-rated based on the previous year's hours worked to be used at the employee's discretion. Request for Floating Holidays must be submitted at least two (2) working days in advance and are subject to management approval based on operational needs and staffing levels. Floating Holidays must be used in the same calendar year.

16.04 The Company may substitute for any of the named holidays a different day off with pay within 30 days of the original holiday. The substituted holiday will be mutually agreed upon by the company and the employee. The Company shall give advance reasonable notice thereof to the employee involved and to the Union.

16.05 If the holiday is not substituted, employees who are required by the Company to work on a holiday within their regular workweek will receive the same pay they normally receive on a regular workday, plus the pay they would normally be entitled to for the holiday pay, in determining the overtime rate for overtime work performed on any such day.

ARTICLE 17

LEAVE OF ABSENCE

17.01 Employees covered by this Agreement may request personal leaves of absence without pay and without loss of seniority. All personal leaves must be requested in writing, an submitted to the Site Manager. A personal leave of absence may be granted in writing by the Company for reasonable cause and may be denied for operational reasons. Copies shall be sent to the Union. Leaves of absence may be granted up to a maximum of thirty (30) days. A leave of absence will not be granted for the purpose of taking jobs, except a Union position.

17.02 It is agreed that the Company shall not be required to pay an employee for any time that they are taken away from their work to serve the Union in any official capacity or to serve on any Union Committee. Employees covered by this Agreement may request to utilize the above-described leave, subject to operational needs, for official Union Business, not including negotiations.

17.03 The Company agrees to abide to all provisions of the law in regards to FMLA/CFRA. ADA, USERRA, and any other applicable State or Federal leave law.

ARTICLE 18

SICK LEAVE

18.01 All employees will accrue paid sick leave time at the rate of one (1) hour of paid sick leave time for every thirty (30) hours paid, up to a maximum of fifty-six (56) hours of paid sick leave per year. Sick leave can be used for any reason as described in the California State Law.

18.02 For absences of three (3) or more consecutive days, the Company may request a physician's statement describing the nature of the illness and the expected duration. When an employee demonstrates a pattern of absence, the Company reserves the right to request a physician's statement for absences of less than three (3) consecutive days.

18.03 Sick leave will be capped at a maximum of fifty-six (56) hours at any one time. An employee may choose to be paid out for unused sick days at the end of the calendar year.

18.04 Employees must give prior notification of one (1) hour before scheduled shift to their immediate supervisor when not reporting to work or reporting to work late due to illness.

ARTICLE 19

BEREAVEMENT LEAVE

19.01 All employees covered under this agreement shall be eligible for three (3) workdays paid, and two (2) work days unpaid of bereavement leave upon the death of an immediate family member. For the purposes of bereavement leave, a "family member" is defined as a spouse, or child, parent, sibling, grandparent, grandchild, domestic partner of the employee or their spouse. Familial connections such as stepchild, step-sibling, step-parent or step-grandparent, and legal guardianship will be considered immediate family.

19.02 Additionally, employees are entitled to the bereavement leave if they have a reproductive loss leave following a “reproductive loss event” which “means the day or, for a multiple-day event, the final day of a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction.

19.03 The bereavement leave must be taken on consecutively scheduled days of work and must be taken within fourteen (14) days of the death unless otherwise approved by the Company for extenuating circumstances.

19.04 Employees must notify their immediate supervisor of their need to take bereavement leave as soon as practicable. The Company may request documentation to verify the reason for the leave (e.g., a death certificate or published obituary).

19.05 Sick Leave and/or Vacation Leave may be used for funerals of family members not listed. Additional leave of absence may be granted at the discretion of insurance, dental insurance, vision insurance, life insurance, and disability insurance, subject to the terms and conditions of the respective plans.

Administration of Company provided benefit programs, including but not limited to eligibility, enrollment, and establishment of employee premiums, shall be at the discretion of the Company, provided that such administration is in accordance with applicable laws and regulations.

21.03 Part-time employees shall be eligible to participate in the health benefits program provided by the Company, subject to the rules and regulations set forth by the applicable health benefits carrier.

21.04 Insurance benefits will be in accordance with the Company's established insurance contracts. Benefit plans are subject to change when the Company deems necessary. It is understood that the Company contracts with insurance carriers to provide the benefits contemplated under this Article. Interpretation and application of such contracts shall ultimately rest with the insurance carrier and any dispute thereunder shall be between the employee and the insurance carrier and not subject to the Grievance Procedure of this Agreement.

21.05 In the event that the Company's contribution is less than the required contribution rate, as determined from time-to-time by the Company, the Company shall have the right to, and will, deduct from the wages of each employee an amount equal to the difference between the Company contribution and the Plan cost, as determined by the Company.

21.06 Should an individual's applicable fringe benefit amount be in excess of the costs of the insurance benefits, that employee's residual amount will be paid into a Company sponsored 401K account.

ARTICLE 22

TRAINING

22.01 Training and certification for hazardous material handling will be accomplished in accordance with applicable Federal and State guidelines.

22.02 All employees are required to participate in mandatory training sessions, which include but are not limited to safety protocols, compliance regulations, and job-specific skills. The schedule and content of these sessions shall be communicated by the Company at least two (2) weeks in advance.

ARTICLE 23

SAFETY

23.01 The Company shall make reasonable provisions for the safety and health of its employees during the hours of their employment. All protective devices, wearing apparel and other equipment necessary to properly protect employees from injury shall be provided by the Company.

23.02 Employees are required to immediately report to the Project Manager and/or the Assistant Project Manager any accident or injury, major or minor, which may occur. Failure to immediately report an accident or injury will result in disciplinary action in accordance with Company policy.

23.03 Employees are required to wear full leather, safety or steel toed, over-the-ankle-boots at all times while working. The Company will reimburse the employee up to two-hundred dollars ($200.00) in the month of January of each year for the purchase of the safety shoes once receipt provided. Replacements may be provided to the employee for normal wear-and-tear of the safety shoes at the discretion of the Project Manager.

23.04 Employees will be instructed by management on which tasks require the use of safety equipment. Employees are expected to wear or use provided safety equipment as instructed during all designated tasks.

23.05 Employees are responsible for inspecting their safety equipment regularly and must report any damage, defect, or loss of equipment to their supervisor immediately. The Company will replace any equipment found to be defective, damaged, or otherwise unsuitable for use promptly at no cost to the Employee.

23.06 Failure to use the provided safety equipment as required may result in disciplinary action. Disciplinary measures will be taken in accordance with the procedures outlined in Article 12 (Disciplinary Procedures) of this Agreement.

ARTICLE 24

CLOTHING AND EQUIPMENT

24.01 The Company will furnish and maintain five (5) shirts, five (5) pants. Returned unserviceable items will be replaced with new items when exchanged.

Unserviceable items are defined as items that require more than a small repair (i.e. buttons, name/company patch, hem repair) and cannot not be returned to employee for use as deemed by the uniform company and management.

24.02 It is understood that normal wear and tear is expected, but excessive damage or loss of provided uniforms may result in disciplinary action in accordance with Article 12 (Disciplinary Procedures).

24.03 Employees shall return all uniforms upon separation of employment.

24.04 The Company will require employees to sign a uniform agreement outlining and acknowledging these terms upon issuance of the uniforms.

ARTICLE 25

NOTICE OF LAYOFF

25.01 In the event of layoff of any full-time employee, the Company shall give prompt notice to the Union and the affected employee(s). The Company will use its best efforts to provide at least two (2) weeks advanced notice of the layoff provided that where the layoff is necessitated by a reduction or cessation of contract requirements, the Company has received the same advanced notice from the customer.

ARTICLE 26

SEPARABILITY CLAUSE

26.01 The provisions of this Agreement are deemed to be separable to the extent that if and when a Court or Government Agency of competent jurisdiction adjudges any provision of this Agreement to be in conflict with any law, rule or regulation issued thereunder, such decision shall not affect the validity of the remaining provisions of this Agreement, but such remaining provisions shall continue in full force and effect.

26.02 It is further provided that in the event any provisions are so declared to be in conflict with such law, rule or regulation upon request of the Union, the parties shall meet within thirty (30) days to ninety (90) days for the purpose of renegotiating the provision or provisions so invalidated.

ARTICLE 27

NO STRIKE, NO LOCK-OUT CLAUSE

27.01 It is agreed that during the term of this Agreement the Union, its officers or members shall not sanction or participate in any strike, slowdown, work stoppage, or other disruption of operations. It is also agreed that during the term of this Agreement there shall be no lock out of employees by the Company.

27.02 Any employee found guilty of participating in any strike, slowdown, work stoppage, or other disruption of operations during the term of this Agreement will be subject to immediate discharge.

ARTICLE 28

SUCCESSORS AND ASSIGNS

28.01 This Agreement shall be binding upon the Company and its successors, assigns or future purchasers and subject to applicable law, all terms and obligations herein contained shall not be affected or changed in any respect by the consolidation, merger, sale, transfer, or assignment of the Company or any or all of its property, or affected or changed in any respect by any change in legal status, ownership, or management of the Company.

File details come from the government source that posted it. Updated .