CBA-2024-45 dated 5 February 2024.pdf

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COLLECTIVE BARGAINING AGREEMENT

BETWEEN

T&H SERVICES, LLC

AND

THE INTERNATIONAL UNION OF OPERATING ENGINEERS

LOCAL #465 AFL-CIO

Effective: December 1, 2023 to November 30, 2026

TABLE OF CONTENTS

DEFINITIONS

ARTICLE 1 - RECOGNITION OF THE UNION

ARTICLE 2 – ENTIRE AGREEMENT

ARTICLE 3 – PROBATIONARY PERIOD

ARTICLE 4 - UNION MEMBERSHIP/ DUES CHECK -OFF

ARTICLE 5 - SCOPE OF WORK

ARTICLE 6 – NON-DISCRIMINATION

ARTICLE 7 – UNION ACCESS

ARTICLE 8 – MANAGEMENT RIGHTS

ARTICLE 9 - SENIORITY

ARTICLE 10 – WAGES AND WELFARE INCREASES

ARTICLE 11 – HOURS OF WORK AND OVERTIME

ARTICLE 12 - VACATIONS, HOLIDAYS, AND SICK LEAVE

ARTICLE 13 - IUOE NATIONAL TRAINING FUND CONTRIBUTION

ARTICLE 14 – UNIFORMS AND TOOLS

ARTICLE 15 – LICENSES AND CERTIFICATIONS

ARTICLE 16 - MILITARY SERVICE

ARTICLE 17 - BEREAVEMENT AND JURY DUTY

ARTICLE 18 - NO STRIKE, NO LOCK-OUT

ARTICLE 19 - STEWARDS

ARTICLE 20 – BENEFIT PROGRAMS

ARTICLE 21 – DISCIPLINE AND DISCHARGE

ARTICLE 22 – GRIEVANCE AND ARBITRATION

ARTICLE 23 – RENEWAL OR CHANGE

ARTICLE 24 - SEPARATE AGREEMENT

ARTICLE 25 - SEPARABILITY

ARTICLE 26 – TERM OF AGREEMENT

This Agreement executed October 6, 2023 by and between the Interna�onal Union of Opera�ng Engineers, comprised of Local 465, party of the first part and hereina�er referred to as the "Union" and T&H Services, LLC, hereina�er referred to as the "Company", covering all bargaining unit employees who are assigned regular du�es at Joint Base Charleston NIWC facility where the Company provides opera�ons and maintenance services.

The Par�es seek a mutual understanding necessary for a harmonious rela�onship to exist between the Company and the employees. Therefore, the following agreements have been reached.

DEFINITIONS

In this Agreement, when the word “employee” is used, it refers to the persons occupying the job classifica�ons covered under this Agreement. Use of the pronoun "he" refers to male and female employees alike. The phrase "base wage rate" refers to the wages set out in Ar�cle 10 or the employee's actual wage, whichever is greater. The word "Company” means any T&H Service officer or any other individual the Company has authorized to act in its behalf. The term “Customer’ as used in this Agreement, refers to either the Contrac�ng Officer (CO) or the Contrac�ng Officer Representa�ve (COR).

ARTICLE 1 - RECOGNITION OF THE UNION

The Company recognizes the Union as the exclusive representa�ve at the facili�es covered under this contract for the purpose of collec�ve bargaining with respect to rates of pay, hours of work, and other condi�ons of employment for its employees falling within the classifica�ons specifically listed in Ar�cle 10 of this Agreement. The Company may add, delete, or revise classifica�ons as necessary upon no�ce and discussion with the Union.

ARTICLE 2 – ENTIRE AGREEMENT

This Agreement shall cons�tute the en�re Agreement between the Company and Union and supersedes and invalidates all prior Agreements, understandings, and communica�ons, whether writen or verbal, and no variance or modifica�on thereof shall be valid and enforceable except by a supplemental Agreement in wri�ng and executed and approved in the same manner as this Agreement.

ARTICLE 3 – PROBATIONARY PERIOD

The Company and Union agree that the first one hundred - twenty (120) days of employment for a new hire is the "ini�al period of employment." During this period, the employee may be discharged and/or separated from employment with or without cause. Separa�on of employment during the ini�al period of employment shall not be eligible and/or subject to Ar�cle 22, Grievance and Arbitra�on, for any disputes arising from separa�on of employment.

In addi�on, any disputes arising from interpreta�on, applica�on, or any claim of viola�on of this Agreement by the employee during the ini�al period of employment are eligible for and/or subject to Ar�cle 22, Step 1 of the Grievance and Arbitra�on provision under this Agreement.

The employee's vaca�on and sick leave en�tlement shall be calculated from date of hire with the predecessor, current, or successor Contractor as defined in Ar�cle 12, Sec�on 12.1.

ARTICLE 4 - UNION MEMBERSHIP/ DUES CHECK -OFF

Section 4.1. Dues Check Off: Once an employee signs and submits a check-off authoriza�on form to the Company that allows for a one-�me ini�a�on fee and Union dues withholding from their paycheck, Union dues will be withheld un�l the employee no�fies the Company, in wri�ng, to stop withholding. The open period to submit a request to stop withholding shall be August 1st through August 15th of each year. The Company shall no�fy the Union of the employee's desire in wri�ng and then cease to deduct Union dues from that employee's paycheck effec�ve August 16th. The form used by the Company shall be the following:

"I hereby authorize T&H Services LLC, my employer, to deduct from my wages due me, and payable on the first regular payday each month, an equivalent of (30) thirty minutes per week of base wages, being my regular periodic Union dues and to remit this amount to the proper officer of Local 465 for my account.

This authoriza�on may be revoked by me during the period of August 1st through August 15th of each year or upon termina�on of my employment."

Date:

Employee:

Signature:

The Union and the Company shall respect the agency of the employee with regard to Union membership.

The Union will indemnify and save harmless the Company from any and all claims and disputes by reason of the Company ac�ng in reliance upon voluntary assignments furnished it. The Company shall once each month furnish a list to the Union showing all newly hired employees or employee who are laid off or ceased to be an employee of the Company.

Section 4.2. Union Membership: Membership in the Union is not compulsory. However, each employee who is employed by the Company performing work covered by this Collec�ve Bargaining Agreement must either be a member of the Union and pays union dues or pay an agency fee to the Union but not both. An employee’s right to join, not join, maintain, or drop their membership does not affect their coverage under this Agreement.

Each employee in the bargaining unit shall beginning on the 31st calendar day of employment following the execu�on of this Agreement or the 31st day following their employment, rehire, reinstatement, reemployment, recall, transfer, or regression in the bargaining unit, execute and deliver to the Company a payroll deduc�on authoriza�on as provided for in this Ar�cle, or pay directly to the Union an amount of money equal to the Union's regular and usual ini�a�on fee and its regular, usual monthly dues.

In the event that it is established that NIWC is not a federal enclave, this provision shall be null and void.

The Union shall indemnify, defend, and hold harmless the Company against any and all claims or liabili�es arising out of the administra�on of this Ar�cle.

ARTICLE 5 - SCOPE OF WORK

Section 5.1: Scope of Work: The scope of work of the Union shall extend over and include the operations and maintenance and minor repair of:

Facility Maintenance Operations:

a) The employees covered under this Agreement will perform work covered under the Performance Work Statement (PWS);

b) Emergency Service calls. Urgent Service calls, and Routine Service calls;

c) Any building and structure problems including doors and door hardware, roof leaks, wall leaks, window repairs, lock repair or replacement, floor repair (VCT, sheet vinyl, carpet, ceramic tile, concrete, etc.), wall repairs (sheet rock, plaster, wallpaper, ceramic tile, brick, concrete block, etc.), small painting projects in conjunction with other repairs, security sliding gates and arms;

d) Irrigation system maintenance and repair;

e) Exterior lighting to include any lights attached to the buildings and parking lot lights (streetlights not included);

f) Signage both inside and outside of the buildings, for example, temporary street signs for events, no parking, designated parking spaces JAW UFC 3-120-01: Air Force Sign Standard;

g) Escort Services for vendors and outside Contractors. This shall be accomplished by service call;

h) Roll-up Door services;

i) Backflow Preventers;

j) Generator Service Support;

HVAC:

a) All boilers, their accessories, and apparatuses if applicable;

b) All fired or unfired pressure vessels and vacuum systems;

c) All refrigeration and air-conditioning machinery and their associated equipment, including maintenance and repair of cold storage spaces;

d) All plumbing and piping including water, gas, heating. steam, and sanitation systems;

e) All electrical appliances and fixtures. including lamping;

f) All emergency power equipment;

g) All electric motors, generators, circuits and minor switchgear;

h) All machinery and equipment used in the production and for the health and comfort of the Company's business and personnel;

i) Any and all equipment, building systems, components, and spaces under the supervision of the Project Manager;

j) All aspects of the Building Management System's mechanical control components.

Section 5.2: Contract Operations: The Union recognizes that the Company will provide engineering and maintenance services in buildings which the Company does not own or control nor are such buildings owned or controlled by an affiliate of the Company or an affiliate of the Company in the managing agent. The owners or agents of such buildings have the right to determine the operations in their buildings and the Company has the contractual obligation to carry out the instructions of such owners.

Employees covered by this Agreement cannot engage in ac�vi�es that are in direct compe��on with business ac�vi�es of the Company at Joint Base Charleston NIWC facility.

Sec�on 5.3: Exempt Repairs: It is further agreed that any repairs or maintenance which, in the opinion of the Program Manager or their designee, are beyond the scope of the employees covered herein to perform are exempted from said jurisdic�on.

ARTICLE 6 – NON-DISCRIMINATION

Section 6.1. Non - Discrimination: The Company and the Union both recognize their responsibilities under Federal, State, and Local laws pertaining to fair employment practices.

Section 6.2. Conditions of Employment: In determining the qualifications of employees, the Company may require the applicant to be mentally and physically fit and competent to protect the efficiency of the Company.

Any employee in a job classification that requires a license whose license becomes invalid for any reason and who cannot or does not obtain a renewed license within (30) thirty days (plus reasonable extensions thereto at the option of the Company) of the date of invalidation will be discharged pending evidence the Company has provided opportunities for the employee to obtain these required licenses.

Sec�on 6.3: Alcohol, Substance Abuse and Background Checks: The Company's Substance Abuse and Background Check policy does not preempt any collec�vely bargained rights of the employee covered by this Agreement including the right to arbitrate any dispute arising out of the interpreta�on or applica�on of this Agreement. No employee represented by the Union will be required to sign any waiver limi�ng the liability of the Company, the tes�ng facility, or any other person implemen�ng the Substance Abuse and Background Check Policy for viola�on of the law. The Union is not responsible for ascertaining or monitoring the alcohol or drug status of any employee or for implemen�ng or enforcing any aspect of the Substance Abuse and Background Check Policy and accepts no liability, therefore. The Company will inform the Union, in advance, of any material changes made in this policy as appropriate. The Company has zero tolerance for alcohol or substance abuse. All employees are required to undergo a pre-employment Background Check, which will include a Criminal Records Check and a drug test. Where required, a Credit

Check and a check of Motor Vehicle Records may also be required. The Company also reserves the right to immediately test any employees where there is reasonable belief that the Employee has ingested or is using a controlled substance or alcohol. An employee who is required to operate a Company motor vehicle must report any license revoca�on or suspension to their immediate supervisor within (24) twenty-four hours of such revoca�on or suspension. In the event that an employee has an accident, the employee will be required to complete a mandatory drug and alcohol test.

All employees shall be subject to the Company's Drug-Free Workplace Policy as provided in the Company's Employee Handbook as of the date of execu�on of this Agreement. Drug tes�ng will be consistent with the procedures provided in the Handbook.

In the event the company implements random drug tes�ng, whether at customer direc�on or of its own accord as part of its drug free workplace obliga�ons, the Company agrees to provide a Steward with same day no�ce for each employee to be of each round of tes�ng.

Reasonable Belief Tes�ng:

When the Company has reasonable belief that alcohol, illegal drugs, or other controlled or prohibited substances may be present in an employee, the employee(s) will be required to undergo drug and alcohol tes�ng.

The employee will be given �me off without pay pending the receipt of the test results by the Company.

If the test results are nega�ve, the employee will be paid for the �me off.

Reasonable belief may include, but is not limited to, the following examples of employee behavior.

1. Observable acts or phenomena while at work, such as direct observations of drug or alcohol use, or of the physical manifestation or symptoms of being under the influence of drugs or alcohol.

2. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance.

3. A report of drug use provided by a reliable and credible source as agreed upon between the Company and the Union.

4. Evidence that an individual has tampered with a drug test during his employment with the Company.

5. Information that an employee has caused or contributed to a ground incident while at work.

6. Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the Company’s work site, or while operating the Company’s vehicles, machinery or equipment.

Post Incident Tes�ng

Post-Accident/Incident – An employee involved in an accident or incident will be drug and/or alcohol tested. An accident or incident is defined as resul�ng in injury to personnel and/or damage to property and/or equipment. No employee will be permited to drive to a post-accident drug/alcohol test.

An employee who is required to operate a Company motor vehicle must report any license revocation or suspension to their immediate supervisor within (24) twenty-four hours of such revocation or suspension.

ARTICLE 7 – UNION ACCESS

Subject to the Customers restric�ons and requirements, the Business Manager and/or Business Representa�ve of the Union shall be permited access to the Joint Base Charleston NIWC facility where employees covered by this Agreement may be working, upon reasonable advance no�ce to the Company in order to acquire appropriate Contrac�ng Officer approval, security clearance and mee�ng loca�on. Such visits shall not interrupt the normal work rou�ne. In the event of a safety or work assignment issue, the Business Manager and/or Business Representa�ve of the union shall be permited access to the work loca�on in ques�on once appropriate security clearances and/or condi�ons have been established.

ARTICLE 8 – MANAGEMENT RIGHTS

Sec�on 8.1. Company Rights: The Company in its conduct of its business has the right to hire, promote, demote, discipline, dismiss, assign, reassign, transfer, terminate, and suspend employees. The Company shall set hours of opera�on, shi�s and watches, establish days off, determine the means and methods of its work opera�ons, determine the number and classifica�ons and required skill sets and experience of employees, set standards of performance and establish employee policies, set material, supply, machinery, and tool requirement establish minimum standards as to Company and Client property protec�on and use standards, establishment of rules and regula�ons for employee conduct, safety and security of its employees; determine the means and methods of its work and opera�ons; set conduct and appearance standards, and to establish the minimum standards to obtain and con�nue employment with the Company. Unless specifically limited by this Agreement, all of these rights are recognized and agreed by the Union to be solely, exclusively and unlimited and may be exercised during the terms of this Agreement without subjec�ng any ac�on thus taken to the Grievance and Arbitra�on procedures in Ar�cle 22.

As a part of the safety program, the Company has the right to establish policies and procedures mandate training minimums and standards, conduct mandatory training programs, require safe workplace compliance. set standards of performance and establish and enforce disciplinary programs.

It is agreed that should the Company's client request the removal of an employee from the site for any reason, T&H Service's decision on the employee's status, whether dismissal or reassignment to another site or layoff and the period of such layoff is final and is not subject to the arbitra�on step of the grievance procedure in Ar�cle 22.

Sec�on 8.2: Hiring: When an employment opening occurs in any job classifica�on covered by this Agreement, or when the Company becomes aware of any opening, the Company will no�fy the Union.

This paragraph does not apply to posi�ons to be filled by promo�on or transfer from among the Company's current employees at Joint Base Charleston NIWC.

Section 8.3: Company Representative: The Program Manager is the on-site representative of the Company and responsible for the supervision and execution of the Company's responsibilities there under.

Section 8.4: Supervision: All orders and instructions for maintenance shall normally be issued through the Program Manager or their designee.

ARTICLE 9 - SENIORITY

Sec�on 9.1. Seniority: An employee's Company seniority shall mean their con�nuous and unbroken employment at Joint Base Charleston NIWC facility.

An employee's classification seniority shall mean their continuous and unbroken employment in that job classifications covered under this Agreement with the Company at Joint Base Charleston NIWC facility.

Layoffs occasioned by a reduc�on in force shall be based on considera�on of reverse order of the Company seniority within each classifica�on.

In recalling employees a�er layoff, the Company agrees to offer re-employment to the extent that addi�onal help is needed to employees in the reverse order in which such employees were laid off again within their classifica�on provided., The Company agrees to no�fy the Union of layoffs, transfers, promo�ons, demo�ons, and recall at the �me the employee is no�fied of such changes.

The Union and the Company agree that open posi�ons at Joint Base Charleston NIWC facility will be filled by the best qualified applicant for the posi�on as determined by the Company.

If an internal applicant and an external applicant have the same qualifica�ons required by the posi�on, as determined by the Company, then the determining factor will be bargaining unit seniority at the site.

Applica�on of this Ar�cle is subject to the Grievance and Arbitra�on Procedure contained in this Collec�ve Bargaining Agreement.

For all open shi�s and/or posi�ons, the employees have the right to bid on the posi�on by classifica�on seniority. The shi� and/or posi�on will be offered to the employee with the highest level of seniority in the same classifica�on at the site who expresses interest in the open shi� or posi�on within the first (3) three workdays of the shi� or the posi�on being posted on the Company's web site. If no employees, in that classifica�on express interest in wri�ng to the Program Manager or their designee within the first (3) three workdays of the posi�on being posted, then the Company will proceed in filling the shi� and/or posi�on based on the best qualified applicant. This only applies to exis�ng open posi�ons or new posi�ons and does not apply to the movement of star�ng �mes to meet opera�onal needs. If the Company moves an exis�ng posi�on permanently to another shi� according to the schedule in Sec�on 11.2, that posi�on and that posi�on only will be considered new and/or open and the bid process will apply. Adjus�ng the star�ng �me within the current shi� schedule stated in Sec�on 11.2 will not be considered for the bid process. If no employee chooses to bid on an open and/or new posi�on, the Company has the right to place the employee with the least seniority in that classifica�on into the open and/or new posi�on. There are no bumping rights.

Sec�on 9.2. Loss of Seniority: An employee's length of con�nuous employment shall be broken if they quit or resign; are discharged; are terminated or re�re; fail to report for work upon recall from layoff within one week (may be extended an addi�onal week if the employee can demonstrate the need to provide no�ce to another Company) a�er mailing of no�ce of recall by cer�fied mail, return receipt to the employee's last known address, or to report for work at the expira�on of a leave of absence granted by the Company or is absent from work for any reason (except a leave of absence or extension thereof granted by the Company) for a con�nuous period of six (6) months, or absent from work due to an occupa�onal illness or injury for a con�nuous period of twelve (12) months.

A permanent full �me employee with greater than ninety (90) days of con�nuous ac�ve service who has been laid off due to lack of work shall have the right to recall at Joint Base Charleston NIWC facility for a period of six (6) months from the date of lay off, or length of service, whichever is less, subject to the Company's right to evaluate the applicants for ability and performance.

ARTICLE 10 – WAGES AND WELFARE INCREASES

JOB CLASSIFICATIONS Current 8/1/2024 8/1/2025 8/1/2026

5% 5% 5% Lead HVAC Mechanic $35.01 $36.77 $38.61 $40.55 HVAC Machinery Maintenance Mechanic $31.96 $33.56 $35.24 $37.01

HVAC Mechanic (Research Facility) $26.63 $27.97 $29.37 $30.84

HVAC Mechanic $25.09 $26.35 $27.67 $29.06 Ventilation Equipment Tender $21.61 $22.70 $23.84 $25.04

General Maintenance Mechanic $21.18 $22.24 $23.36 $24.53

Service Order Dispatcher $19.81 $20.81 $21.86 $22.96 Maintenance Electrician $25.89 $27.19 $28.55 $29.98 Plumber Maintenance $25.89 $27.19 $28.55 $29.98

Health and Welfare

HVAC $6.15 $6.15 $6.15 $6.15

OPS: $5.30 $6.15 $6.15 $6.15

ARTICLE 11 – HOURS OF WORK AND OVERTIME

Sec�on 11.1. Hours: (5) five consecu�ve days of (8) eight consecu�ve hours per day, subject to shi� schedule, shall cons�tute a week's work. The payroll week begins at 12:00 A.M. Saturday and ends at 11:59 P.M. Friday. The (8) eight-hour day is an (8) eight-hour workday. Meal period shall be an unpaid (30) thirty minutes, not considered part of the workday. All �me worked in excess of (8) eight hours in any (1) one day or (40) forty hours in any (1) one week (but not both) shall cons�tute over�me and shall be paid for at (1.5x) one-and one-half �mes the base wage rate. If an employee works (7) seven consecu�ve days, the seventh consecu�ve day will be paid at double-�me their base wage rate. There is no pyramiding of hours for over�me considera�ons.

Sec�on 11.2. Opera�ng Hours: The hours of opera�on at Joint Base Charleston NIWC facility shall be determined by the Company.

Sec�on 11.3. Tardiness and Absenteeism: The Company believes that excessive tardiness and absenteeism is a risk to the opera�on. An employee who is late (3) three �mes in (1) one rolling year will face disciplinary ac�on up to termina�on.

Sec�on 11.4. Defini�on of Tardiness: The Company expects each employee to be dressed and in uniform prior to punching in at the beginning of each shi�; as well as punching out at the end of each shift. The employee will be considered tardy if the employee swipes his badge access (5) five minutes a�er the beginning of his shi�, as well as (5) five minutes prior to the end of their shi�. Each employee is responsible for their own �me repor�ng.

Section 11.5. Overtime and Shift Coverage Will apply as follows:

When scheduled over�me is required, the employee directed to work such over�me (based on the over�me equaliza�on roster) will be required to perform such work. Unscheduled over�me will be performed based on the over�me equaliza�on roster. In the event there are an insufficient number of qualified volunteers to perform the work, the least senior qualified employee will be required to perform the assignment.

• Over�me assignments scheduled in advance of (72) seventy-two hours will be considered mandatory.

• In the event of emergencies due to floods, storms. outages, etc. over�me for those on site at the �me of such events will be mandatory.

• A cumula�ve over�me summary within each job classifica�on will be posted weekly by the Project Manager. Any over�me hours offered to an employee based on seniority and the over�me equaliza�on roster will be counted the same as over�me worked, regardless of when asked to work the over�me. The over�me hours will go back to (0) zero on the anniversary date of the Collec�ve Bargaining Agreement.

Sec�on 11.6 Call Back- Call-in is defined as work outside an employee's regular schedule, which causes an employee to make an extra trip to the job site. The company will designate employees who will be required to carry and respond to electronic devices such as pagers or phones. Employees are required to respond to page or call within thirty (30) minutes and are required to be onsite within two (2) hours of the ini�al page or call.

Specifically for the classifica�ons of Maintenance Electrician and Maintenance Plumber, if the employee on call does not respond to the page or call within thirty (30) minutes, the call will be assigned to the least senior General Maintenance Mechanic.

For each such call - in as defined above, an employee will receive a minimum of (4) four hours at (1.5x) base wage rate. Upon comple�on of the job which the employee was called in to perform, they will not be required to remain at the job site in order to receive the above-men�oned (4) four hours pay.

ARTICLE 12 - VACATIONS, HOLIDAYS, AND SICK LEAVE

Sec�on 12.1. Vaca�ons: Length of service will be determined by an employee's con�nuous length of service calculated from the date of hire with the predecessor, current, or successor Contractor. Vaca�on en�tlements are earned and available on a weekly basis. Employees are responsible for managing accrued and available vaca�on and use based on available totals.

Vaca�on accrual begins on the first full pay period of the year and con�nues throughout the year for fi�y-two (52) pay periods. All vaca�ons must be taken in the calendar year in which it is earned (prior to the end of the last pay period).

Vaca�on accrual begins on the first full pay period of the year and con�nues throughout the year for fi�y-two (52) pay periods.

Eligible employees shall receive the following paid vaca�on and vaca�on accruals in accordance with the following table:

Vaca�on Accrual Based on Length of Service Hours of Vaca�on 0 years but less than 5 years 80 hours (1.54/week)

5 years but less than 10 years 120 hours (2.03/week) 10 years or Greater 160 hours (3.08/week)

Vaca�on �me will be accrued per pay period using a formula applicable to the hours of Vaca�on per the table above. Vaca�on may be used as it is earned.

Terminated employees will be paid out all accrued and unused vacation. Employees may request and use up to (5) five days or (40) forty hours of unaccrued vacation, creating a negative vacation balance, subject to prior approval by their supervisor. Upon termination of employment for any reason, if the separating employee has a negative vacation balance, the negative hours will be deducted from the employee's final paycheck. Requested vacation use, subject to operational needs, shall be approved by the Company in advance, and requests will not unreasonably be denied.

Sec�on 12.1(a) – Employees shall be allowed to accrue vaca�on credits up to roll over a maximum balance of one hundred-sixty (160) hours. Once an employee reaches a maximum balance of one hundred- sixty

(160) hours, the employee will stop accruing leave un�l such �me the leave balance falls below one hundred sixty (160) hour maximum. Employees are encouraged to use their accrued vaca�on �me.

Sec�on 12.2. Holidays: The following holidays shall be recognized, and employees assigned off duty shall receive a day's pay for the same.

New Year’s Day Labor Day Mar�n Luther King Day Columbus/Indigenous People’s Day

President’s Day Veteran’s Day Memorial Day Thanksgiving Day

Juneteenth Christmas Day Independence Day

If Congress approves an addi�onal holiday (other than those specifically listed herein), which is recognized by the Contrac�ng Officer, that holiday will be added to the number of holidays provided to employees.

Work on holidays shall be paid at the rate of (1.5x) one and one-half �mes base wage rate plus a day's holiday pay.

If a holiday falls on an employee's regularly scheduled day off, he shall receive an addi�onal days pay.

During a payroll week in which a holiday occurs all hours worked in excess of (32) thirty-two hours shall be paid as over�me at the appropriate over�me rate of pay.

In the event a client work site should observe Holidays which are different than those defined above, as defined by the client, the employees assigned to that work site shall observe those client holidays in lieu of those listed above. In all cases, employees shall receive the same number of holidays equal to those listed and observed above.

Sec�on 12.3. Sick Leave: In accordance Execu�ve Order 13706; employees shall accrue one (1) hour of sick leave for each thirty (30) hours of work. Employees covered by this Agreement are allowed up to sixty-four (64) hours of sick leave per year. Employees may con�nue to accrue up to ninety-six (96) total hours of sick leave before the accrual stops. Sick leave usage will be based on employee's base rate of pay.

If the employee takes three (3) or more days of unscheduled consecu�ve �me off, the Company shall require cer�fied Physician's proof of illness or incapacita�on.

In the event the employee uses sick leave to extend a Holiday or vaca�on, said employee shall provide a Physician's note as proof of illness or incapacita�on before being permited to return to work.

• Sick leave may be taken in increments of 10 minutes for any day the employee is scheduled to work if he/she is unable to work due to sickness or injury

• Upon termination, unused sick leave shall be forfeited and not paid out.

• Sick leave hours are not included in any calculation of overtime.

• FMLA: Covered under company policies.

ARTICLE 13 - IUOE NATIONAL TRAINING FUND CONTRIBUTION

T&H Services LLC supports employees in expanding their field knowledge at the IUOE Training and Conference Center, the largest and most comprehensive training facility for Union Opera�ng Sta�onary Engineers in North America. T&H Services, LLC and the Union support the development of skills in a constantly expanding and varied group of maintenance professionals.

The Par�es agree that there will be an annual, lump sum contribu�on to the IUOE Na�onal Training Fund.

a. The amount of the contribution will be equivalent to ($.05) per employee based on all hours worked or paid, not to exceed 2080 hours;

b. This annual contribution will be made to the Local Union administrator under the same terms as other contributions are made under this Agreement;

c. Contribution will be paid in one lump sum every new consecutive year of the contract starting December 1st;

d. The Local Union shall be solely responsible for remitting the contribution to the IUOE National Training Fund.

Employees will be paid and made whole (daily) for eight (8) hours during the �me spent at the training center.

ARTICLE 14 – UNIFORMS AND TOOLS

Sec�on 14.1. Uniforms: The Company will provide sufficient uniforms at no cost to the employee.

Uniforms are and remain the property of the Company. It is agreed, however, that any issued uniforms not turned in at the �me of termina�on shall be charged for and payment for the same made at the �me of separa�on. The Company is responsible for cleaning and maintenance of these uniforms. The Company will provide the employee with a reimbursement up to $175 as an annual allowance for safety shoes with receipt of purchase.

Reimbursement is con�ngent upon the work shoes being an approved “work type” boot (i.e. steel toed, nonskid, etc.). Reimbursement for safety shoes will not be made if a resigna�on is received within thirty

(30) days of purchase.

Sec�on 14.2. Tools: The Company agrees to furnish all necessary tools and equipment for the efficient performance of the employees' du�es. Tools are and remain the property of the Company. Lost tools that are assigned to an employee will be paid for by the employee and the assigned tools will be returned at termina�on or paid for by the employee at the �me of separa�on. Tools that are damaged in the employees' normal course of work will be replaced by the Company.

ARTICLE 15 – LICENSES AND CERTIFICATIONS

The Company shall reimburse (based on presenta�on of documented receipts) employees for courses that they are required to take in order to obtain and/or renew a trade license or cer�fica�on required in their present posi�on or trade relate courses up to a maximum of $300.00 or as then required by law.

ARTICLE 16 - MILITARY SERVICE

The employees covered by this Agreement who, while the United States is engaged in armed conflict, enter the Armed Forces of the United States of America (or who are on ac�ve duty in the United States of America Merchant Marine during war�me) shall be considered on military leave of absence and shall retain seniority during such service and be returned to their former or comparable posi�on in this bargaining unit upon their honorable discharge from such service. A�er comple�on of military service, returning eligible employees must apply for reinstatement with ninety (90) days a�er their separa�on from ac�ve duty to qualify for reemployment.

ARTICLE 17 - BEREAVEMENT AND JURY DUTY

Sec�on 17.1. Bereavement Leave: It is recognized by the Company and the Union that �me off may be needed by an employee concerning the death of a family member as iden�fied below. If any of these days are working days, the employee shall suffer no loss in pay. Up to (5) five days bereavement leave shall be granted for the death of a spouse, domes�c partner, parent, legal guardian, child, stepchildren, employee's grandparent, sister, brother, grandchildren. In addi�on, (3) three days shall be granted concerning the death of a brother-in-law, sister-in-law, parent-in-law. In no event shall pay for funeral leave be in excess of (8) eight hours per day at the base wage rate. Employees may take accrued but unused vaca�on to extend funeral leave if approved in wri�ng by their supervisor. In the event an employee had scheduled a vaca�on he will not be charged vaca�on �me for any period of �me for which he would be en�tled to bereavement leave.

Sec�on 17.2. Jury Duty: The Company agrees to pay the employees their wages for �me that the employee is required to lose due to a summons for jury service on up to a maximum of (10) ten days. To extend this period an employee may use accrued, but unused vaca�on. Sick leave may be used a�er accrued vaca�on has been exhausted. The pay will be computed on the employee's base wage rate to a maximum of (8) eight hours per day. Such employee shall report for his regular work whenever his du�es as a juror permit him reasonable �me to do so.

ARTICLE 18 - NO STRIKE, NO LOCK-OUT

During the life of this Agreement there shall be no strikes, walkouts (including sympathy strikes, stoppages of work, sit downs, slowdowns, boycots, picke�ng or any other direct or indirect interference with the Company's opera�ons). Any employee who violates this Ar�cle shall be subject to disciplinary ac�on, including discharge and shall have no recourse to the grievance and arbitra�on procedure, except as to the issue of whether or not they par�cipated in the prohibited conduct. If it is found that they did par�cipate, the Company's ac�on shall be final. The Company agrees that there shall be no lockout during the life of this Agreement.

ARTICLE 19 - STEWARDS

The Union shall appoint a Shop Steward from among the employees of the Company and this individual will be made known to the Company by the Union in wri�ng.

ARTICLE 20 – BENEFIT PROGRAMS

Sec�on 20.1: Medical: The Company will provide access to a health plan by an accepted qualified Medical Plan Carrier.

As many of these plans are provided by outside vendors and are Company-wide plans, the Company may find it necessary or desirable to change, amend or revise some or all the plans during the life of the Agreement between the par�es, including any changes or revisions required by the Affordable Health Care Act. Should this occur, the Company will immediately advise the Union of such changes and will meet as soon as possible with the Union to nego�ate the effect of such changes on the employees covered by the Agreement.

Newly hired employees have (30) thirty days from the date of hire to enroll in the plan and coverage is effec�ve on the date of hire.

No changes will be allowed during the plan year, unless a qualifying life change/event occurs as defined by the benefit plan.

Four Tier op�ons will be available for enrollment upon ra�fica�on of this Agreement and then during the annual enrollment period as stated by the Company:

a) Employee

b) Employee + Spouse

c) Employee + Child(ren)

d) Employee + Family

Section 20.2: Dental: The Company will provide access to a dental plan by an accepted qualified Dental HMO (DIV 10) or an accepted qualified Dental PPO.

Four �er op�ons will be available for enrollment upon ra�fica�on of this Agreement and then during the annual enrollment period as stated by the Company:

Section 20.3: Vision: The Company will provide access to a vision plan as determined by the Company.

Four �er op�ons will be available for enrollment upon ra�fica�on of this Agreement and then during the annual enrollment period as stated by the Company:

Section 20.4. STD, LTD, Life Insurance: All employees are required to par�cipate in the Employer provided Short Term Disability and Life Insurance which is paid for by the company.

The Company will provide Basic Life and Accidental Death and Dismemberment (AD&D) insurance coverage to all employees covered under this Collec�ve Bargaining Agreement.

The Company will offer Long Term Disability, Supplemental Life and AD&D coverage as well as Supplemental Dependent Life coverage. The employee is responsible for the full cost of the coverage elected on a post-tax basis.

Newly hired employees have (30) thirty days from the date of hire to enroll for voluntary LTD coverage and voluntary supplemental and dependent life insurance. Coverage is effec�ve on the date of hire.

The Company will sponsor an Employee Assistance Program at its sole determina�on which will be offered to employees at no cost.

Section 20.5: Health and Welfare Contribution The Company will pay employees the Health and Welfare fringe credit outlined in the Collective Bargaining Agreement or the rate equal to the most recent version of the Department of Labor’s (DOL) Wage Determination issued by the government (whichever is higher) for all hours worked or paid (to include but not limited to all Vacation, Sick and Holidays) to the employee up to a maximum of ) to the employee up to a maximum of (40) forty hours per week and 2,080 hours per contract year. Any rate adjustments due to issued changes in the DOL Wage Determination rates will be applied August 1st.

The Health and Welfare amount of $6.15/hour will be provided to eligible employees. The contribu�ons will be applied toward the cost of the employee’s elected plans- medical, dental, and vision coverage. In the event the earned fringe benefit is less than the required contribu�on for elected benefits, the Company will deduct from the wages of each employee, on a pre-tax basis, an amount equal to the difference between the earned fringe benefit and the total plan cost. Where there is a residual fringe benefit as a result of the earned fringe benefit exceeding the total plan costs, the residual fringe benefit balance will be paid in cash to the employee. The residual fringe payment will be paid (2 weeks) in arrears.

New hires will have (30) thirty days to elect their benefits and will begin receiving residual fringe benefits in arrears a�er the thirty (30) day period.

Supplemental coverage, LTD coverage and Supplemental and Dependent Life coverage are fully paid for by the employee with post-tax contribu�ons.

Employees who waive coverage under the medical plans must annually provide proof of other coverage to the Company. Employees who fail to provide such documenta�on and do not make an elec�on will be enrolled in the default coverage of employee only medical coverage DMO coverage. The Company will provide the employee with no�ce before enrolling the employee in the default coverage plan.

Section 20.6. Federal Legislation: In the event that federal health care reform legisla�on becomes effec�ve during the term of this Agreement, which imposes obliga�ons on the par�es requiring modifica�on of the health and welfare provisions of this Agreement. it is agreed that the par�es will immediately meet and nego�ate appropriate modifica�ons. If such nego�a�ons result in impasse, the par�es agree to select a mutually acceptable arbitrator from a panel to be proposed by the American Arbitra�on Associa�on. The arbitra�on shall proceed in accordance with the Rules of Labor Arbitra�on of the American Arbitra�on Associa�on.

ARTICLE 21 – DISCIPLINE AND DISCHARGE

Reprimands, Suspensions, Dismissals, and/or any other disciplinary ac�on shall be only for just cause, with employees having the right to defend themselves against any and all such charges. When the Company feels disciplinary ac�on is warranted, such ac�on must be ini�ated within seven (7) calendar days of the occurrence of the condi�on giving rise to the ac�on, or within seven (7) calendar days of the date that is reasonable to assume the Company first became aware of the condi�ons giving rise to the discipline.

Writen no�fica�on of reprimands, suspensions and/or other disciplinary ac�ons shall be sent to the employee and the Union. Some of the more egregious ac�ons by employees can result in immediate termina�on. Some of these include but are not limited to:

• The state of being under the influence of alcohol and/or illegal narcotics and/or possession of same;

• Dishonesty;

• Insubordination;

• Theft or vandalism;

• Excessive absenteeism;

• Willful violation of agreed upon Company Rules/Policies& Procedures Handbook;

• Violation of the site work rules or statutes or governmental regulations;

• Access to the base due to failure to obtain security clearance;

• Fraud/Falsification of Company/Contract records;

• Physical or verbal threats;

• Sexual Harassment;

Written Reprimands shall be removed from an employee's personnel file after a period of one (1) year has elapsed without an occurrence of disciplinary action against the employee. Suspensions without pay shall be removed from an employee's personnel file after a period of eighteen (18) months have elapsed without an occurrence of disciplinary action against the employee. The shelf-life for alcohol and/or drug abuse violations, harassment, or violence in the workplace shall be for the term of their employment.

All disciplinary action will be conducted on fair and consistent basis. A copy of any disciplinary action shall be furnished to the Union and the employee.

In the event the Customer (Contracting Officer or Contracting Officer Representative request's the removal of an employee from the Base, the employee's employment shall be terminated immediately.

The Company shall request written notification of the requested removal from the Customer. If the Customer provides written notice of such request, a copy of the notice will be provided to the Union. The requested removal of an Employee from Joint Base Charleston effectively prevents the employee from performing their job, and no further action shall be required from the Company

ARTICLE 22 – GRIEVANCE AND ARBITRATION

Sec�on 22.1. Grievances: In the event any grievance or dispute arises as to the interpreta�on, applica�on, or any claimed viola�on of this Agreement, the Union and the Company shall meet in an effort to reach an amicable setlement. Specifically, the mater shall be pursued as follows:

STEP 1: Between the Program Manager or their designee and the Shop Steward. The STEP 1 mee�ng shall be held within (7) working days from the date the grievance is filed with the Company unless another date is set by mutual agreement. The Program Manager or their designee shall give the Shop Steward a writen reply to the grievance within (5) five working days a�er the mee�ng with the Shop Steward. If this reply is unsa�sfactory, the Shop Steward may appeal the decision to STEP 2, provided such appeal is made within

(10) ten working days a�er the receipt of the Program Manager or their designee’s reply.

STEP 2: A mee�ng in STEP 2 between the Director of Opera�ons or their designee and the Business Representa�ve or a designated representa�ve of the Union shall be held within (10) ten working days a�er the receipt by the Company of the Union STEP 2 unless another date is jointly agreed to by the Company and the Union. The Company shall make a reply to the Union in wri�ng no later than (10) ten working days a�er mee�ng with the Business Representa�ve

Sec�on 22.2. Processing of Grievances: All grievances shall be presented in wri�ng as soon as prac�cal a�er the occurrence upon which the same is based, but in no event later than (5) five working days or later than (7) seven working days from the date the person knew or should have known about the grievance issue if the grievance arises from any other cause.

Sec�on 22.3: Arbitra�on: In the event that the mater remains unresolved a�er STEP 2, either party may, within (30) thirty working days and upon writen no�ce to the other party, refer the mater to binding arbitra�on. The Par�es shall choose an arbitrator from a panel to be proposed by the American Arbitra�on Associa�on. The arbitra�on shall proceed in accordance with the Rules of Labor Arbitra�on of the American Arbitra�on Associa�on.

The Par�es agree that the decision or award of such Arbitrator shall be final and binding on each of the Par�es and that they will abide thereby. The Arbitrator shall have no authority to add to, subtract from, or to change any of the terms of the Agreement, to change an exis�ng salary rate or to establish a new salary rate.

Each party shall bear its expenses in preparing and presen�ng its own case. The cost of the Arbitrator's services and any other expenses incidental to the Arbitra�on, shall be borne equally by the losing party.

ARTICLE 23 – RENEWAL OR CHANGE

Renewal or Change: This Agreement shall remain in full force and effec�ve for the period from December 1, 2023 to and including November 30, 2026 and from year to year therea�er unless no�ce of termina�on or modifica�on is given in wri�ng by either party to the other party sixty (60) days prior to November 30, 2026, such no�ce being sent by registered or cer�fied mail to the Company.

Both Par�es understand that in the event the Company's business contract with NIWC for opera�on and maintenance services at Joint Base Charleston NIWC facility is cancelled or terminated for any reason or if NIWC vacates this facility at Joint Base Charleston NIWC facility this Agreement shall be terminated and is null and void.

In the event no�ce of modifica�on is given by either party and agreement on a new modified Agreement is not accomplished by the anniversary date, both Par�es agree…