CBA Local 26.pdf

SENT VIA EMAIL TO: jwesley@ushmm.org

August 29, 2024

James E. Wesley, II Contract Specialist 100 Raoul Wallenberg Place, SW Washington, DC 20024-2126

Re: U.S. Holocaust Shapell Warehouse & Memorial Museum Contract No. 954767-20-C-0205 (Washington, DC Location)

Contract No. AC-9531-18-0025 (Bowie, MD Location) Agreement between EMCOR Government Services, Inc. and the International Brotherhood of Electrical Workers Local 26

Effective June 1, 2024 through May 31, 2027

Dear Mr. Wesley:

Enclosed for your records is an executed copy of the Agreement between EMCOR Government Services, Inc. and the International Brotherhood of Electrical Workers Local 26 for the covered employees located at the U.S. Holocaust Shapell Warehouse in Bowie, MD and U.S. Holocaust Memorial Museum in Washington, DC.

EMCOR Government Services, Inc. respectfully requests that the subject Agreement be incorporated into both current contracts.

Should you have any questions or concerns, please contact me at (571) 403-8953 or via e-mail at ammoore@emcor.net.

Sincerely, Andrea M. Moore Executive Director, Contracts

Encl.

cc: K. Brosius Contracts File

6363 Walker Lane Suite 600 Alexandria, VA 22310

Phone: 571-403-8900 Fax: 866-373-7537 www.emcorgovservices.com mailto:jwesley@ushmm.org mailto:ammoore@emcor.net

AGREEMENT BETWEEN

EMCOR GOVERNMENT SERVICES INC.

6363 Walker Lane, Suite 600

Alexandria, VA 22310

For all Electrical Department Sites Under Agreement

Between EMCOR Government Services, Inc.

and

LOCAL UNION NO. 26,

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS

4371 Parliament Place, Suite B Lanham, MD 20706

EFFECTIVE:

JUNE 1, 2024 THROUGH MAY 31, 2027

TABLE OF CONTENTS

PREAMBLE………………………………………………………………………………… 3

ARTICLE I – PURPOSE…………………………………………………………………... 3

ARTICLE II – RECOGNITION…………………………………………………………... 4

ARTICLE III – UNION REPRESENTATION…………………………………………... 5

ARTICLE IV – MANAGEMENT RIGHTS……………………………………………… 7

ARTICLE V – STRIKES AND LOCKOUTS……………………………………………. 8

ARTICLE VI – JURY DUTY……………………………………………………………... 9

ARTICLE VII – UNION SECURITY……………………………………………………. 10

ARTICLE VIII – UNION DUES CHECK OFF…………………………………………. 10

ARTICLE IX – GRIEVANCES AND ARBITRATION………………………………… 11

ARTICLE X – WAGES, HOURS AND OVERTIME…………………………………… 13

ARTICLE XI – VACATIONS, HOLIDAYS AND SICK LEAVE……………………… 15

ARTICLE XII – VETERANS……………………………………………………………... 17

ARTICLE XIII – BEREAVEMENT PAY………………………………………………... 18

ARTICLE XIV – SENIORITY……………………………………………………………. 18

ARTICLE XV – SAVINGS CLAUSE/CHANGE IN LAWS……………………………. 21

ARTICLE XVI – WORKING CONDITIONS…………………………………………… 22

ARTICLE XVII – SAFETY……………………………………………………………….. 22

ARTICLE XVIII – WAGES AND FRINGE BENEFITS……………………………….. 22

ARTICLE XIX – TERM AND DURATION……………………………………………... 25

APPENDIX “A” WAGES & BENEFITS………………………………………………… 26

APPENDIX “B” SITE LOCATIONS…………………………………………………….. 27

SUCCESSORS……………………………………………………………………………… 28

PREAMBLE

This Agreement is made, effective June 1, 2024 by and between EMCOR Government

Services Inc., a party to Government Contracts, located at site locations listed in Appendix “B”, hereinafter referred to as the "Company" or “Employer” and Local Union No. 26, International

Brotherhood of Electrical Workers, 4371 Parliament Place, Lanham, MD 20706, hereinafter referred to as the "Union."

WHEREAS: The Company and the Union have bargained collectively in good faith, with respect to wages, fringe benefits, hours and other conditions of employment for Employees in a bargaining unit hereinafter more clearly defined, and have reached agreement.

ARTICLE I

PURPOSE

Section 1.01. It is the intent and purpose of the Company and the Union to establish, through this Agreement, the wages, fringe benefits, hours of work, and conditions of employment about which the Company and the Union wish to bargain, for the Employees of the Company in the unit defined herein; to provide a procedure for processing disputes between the Company and the Union as to the interpretation and application of the provisions of this Agreement; and generally to govern the relationship between the Company and the Union and its members to the end that the service to be provided by the Company to the Government may be improved through cooperation by and between the Company and its Employees.

Section 1.02. The Union recognizes the necessity to achieve efficiency in production and acknowledges that it is further the purpose of this Agreement to prevent interruptions of work and interference with the efficient operation of the Company's business.

Section 1.03. Except as specified in this Agreement, the Union and the Employees it represents are not waiving rights which exist under the National Labor Relations Act to bargain over Employees' wages, fringe benefits, hours and working conditions. Nor do the Union and the

Employees it represents waive any right to challenge any governmental action which would dictate a change in a term and condition of employment provided for under this Agreement or under the Company work rules.

Section 1.04. The Company and the Union mutually agree not to discriminate in any way against any Employee with respect to hiring, compensation and terms or conditions of employment because of religion, race, creed, sex, national origin, age, membership or non-membership in the Union, and agree to comply with all applicable laws relating to the handicapped and Vietnam-era Veterans.

ARTICLE II

RECOGNITION

Section 2.01. The Company hereby recognizes the Union as the exclusive bargaining representative, for the purpose of bargaining collectively, as required by Section 8(d) of the

National Labor Relations Act of 1947, as amended ("the Act"), with respect to wages, hours, and other conditions of employment for the electrical maintenance employees of the Company employed now or in the future for the Electrical Maintenance Department work at the sites listed in APPENDIX “B”.

All other Employees of the Company are excluded from the bargaining unit.

Section 2.02. The terms "Employee", "Employees," "Full-time Employee," and "Regular

Employee" as hereinafter used shall refer to the Employees for whom the Union is recognized as the bargaining agent as aforesaid.

Section 2.03. The Company's managerial personnel will perform the work of represented

Employees only in emergency situations.

Section 2.04. The scope of duties of the classifications as listed in Appendix "A" of this

Agreement are in accordance with their job descriptions.

ARTICLE III

UNION REPRESENTATION

Section 3.01. UNION BUSINESS REPRESENTATIVE. The Business Representative of the Union shall have access to the shops and offices of the company for the purposes of adjusting disputes, investigating working conditions, and ascertaining that the Agreement is being adhered to.

Section 3.02. SHOP STEWARDS. The Company recognizes the right of the Union to designate one (1) Steward and one (1) alternate.

A. The authority of the Steward so designated by the Union shall be limited to, and shall not exceed, the following duties and activities:

(1) The investigation and presentation of grievances in accordance with the provisions of this collective bargaining agreement.

(2) The transmission of such messages and information as shall originate with, and are authorized by the Union or its officers, provided such messages and information:

(a) have been reduced to writing, or

(b) if not reduced to writing, are of a routine nature and do not involve work stoppages, slowdowns, refusal to handle goods, or any other interference with the

Company's business.

B. The Shop Steward shall have a reasonable amount of time, or non-working time, for the performance of these duties. Grievance meetings shall be held during the regular work day.

C. Notwithstanding the duties specified above, the Steward shall have the same responsibilities to the Company as any other Employee. The duties specified above shall not relieve the Steward of his/her duties and obligations as an Employee of the Company, and he/she shall continue to be subject to all rules, regulations and procedures applicable to other

Employees.

D. The Steward shall have seniority in his/her respective occupational classification for purposes of lay-off and recall only if there is work and the Steward is qualified to perform the work. This provision shall not be construed as a guarantee of employment. An

Alternate Steward does not have seniority. An Alternate Steward will only be recognized as

Steward when acting on behalf of a Steward who is absent from work. The Alternate Steward will be permitted to follow up a grievance that was initiated during the absence of the Steward, but will be subject to the same obligations and limitations as the Steward.

E. The Steward shall be on the job at all times during working hours as far as is practical. The Steward shall not hinder or delay the performance of his/her work or other

Employees' work.

F. The Steward must first obtain permission from his/her immediate supervisor before leaving his/her work station to investigate a grievance during working hours. Upon completion of such investigation, he/she shall immediately report back to his/her supervisor before returning to work. Permission will not be unreasonably withheld.

G. The Steward shall not solicit grievances.

H. The Company will not afford the Steward preferential treatment.

ARTICLE IV

MANAGEMENT RIGHTS

Section 4.01. RETENTION OF MANAGEMENT PREROGATIVES. The management of the Company and the direction of the working force are vested solely and exclusively in the

Company and shall not in any way be abridged, except as specific restrictions are set forth in this

Agreement. The parties agree that the Company has the right to supervise employees, to hire employees, to promote employees, to discipline, suspend or discharge employees for proper cause, which includes misconduct, dishonesty, poor attendance, tardiness, safety procedure and/or policy violation(s), sub-standard job performance, to lay off employees for lack of work, to transfer employees, to assign employees, to determine services which employees shall perform, to direct, instruct and control employees, including, but not limited to the determination of the number and qualification of employees to perform work, the quality of work standards and the required employee performance to meet such standards, to assign overtime, to determine hours of work, to determine types of equipment, methods and procedures to be employed, to make and enforce reasonable rules to assure orderly and effective work and to perform all other functions in the administration, management, control and/or direction of the business.

It is agreed that should the Company’s client request the removal and/or exclusion of an employee from the client’s site for a justifiable reason, the Employer will transfer the affected employee to a comparable position at another site, and if no such position exists, shall place the employee on a preferential hiring list to fill a comparable position at another site. Should the

Employer decide to terminate the employee based upon the client’s request and the reason therefore, such decision by the Employer shall be subject to the grievance and arbitration provisions of this Agreement.

Employees must be able to be issued and maintain a contractor security clearance badge by the appropriate agency. If the employee is unable to obtain such contractor clearance badge, or if it is revoked, the employee may be discharged or their offer of employment may be rescinded. Such discharge shall not be subject to the grievance and arbitration provisions listed in this agreement.

The exercise of management rights, powers and authority shall not be subject to any grievance and/or arbitration procedure, provided that the exercise of such rights, powers and authority are not in violation of the express terms of the Agreement.

ARTICLE V

STRIKES AND LOCKOUTS

Section 5.01. During the term of this Agreement or any extension of this Agreement, the

Company shall not lock out the Employees covered by this Agreement; and, no strike for any reason, whether or not contemplated by the parties at the time of this contract, shall be, in any way directly or indirectly caused, sanctioned, engaged in, instigated, lead, authorized, assisted, encouraged, ratified or condoned by the Union or of its members, its officers, agents, representatives, stewards or committeemen; nor shall they call, ratify, or engage in any strike, picketing, sympathy strike in protest of Union conduct or any other third party conduct or participate in the informational picketing, area standards picketing or hand billing on or adjacent to the premises of the Company.

Section 5.02. There shall be no slowdown or any other interference with production or stoppage of work, or prevention or attempt to prevent the access of persons to the Company's said premises, equipment or products for any reason whatsoever.

Section 5.03. In the event of a breach of this no strike commitment, the Union shall immediately instruct the involved Employees that their conduct is in violation of the contract, issue a “cease and desist” order, order them back to work and further inform them that they may be disciplined up to and including discharge by the Company.

Section 5.04. There shall be no strike, sympathy strike, work stoppage, slow down, sit down, refusal to work, boycott, picketing, or any other form of strike or curtailment of work by the Union or its representatives or members during the term of this Agreement.

ARTICLE VI

JURY DUTY

Section 6.01. Employees who are required to serve on Jury Duty, shall be paid the difference between the amount they would normally have earned had they worked their straight time scheduled hours and their remuneration for each day of Jury Duty. The Employer agrees to pay a maximum of eighty (80) hours of jury duty time in any calendar year. The proper documentation must be submitted to the Project Manager to verify the employee's absence for the purpose of serving Jury Duty. An employee must have a minimum of thirty (30) days of service to be paid for Jury Duty.

ARTICLE VII

UNION SECURITY

Section 7.01. In accordance with the provisions of the Labor Management Relations Act of 1947, all Employees covered by the terms of this Agreement shall be required to, as a condition of employment from and after the thirty-first day following the date of their employment of the effective date of this Agreement, whichever is later, be a dues-paying member in good standing. This provision is not applicable where prohibited by law.

Section 7.02. Subject to the provisions of the Act, the Employer, will, within ten (10) days after receipt of written notice from the Union, discharge any employee who is not in good standing in the Union as defined in the Act, as is required by the preceding paragraph.

Section 7.03. It is agreed that upon completion of thirty-one (31) days of employment, Employees in bargaining unit positions shall, as a condition of employment, arrange to pay dues to the Union and continue to pay dues to the Union in accordance with its Constitution and

Bylaws.

Section 7.04. The Union will, on such terms and conditions as are generally applicable to other members, accept into membership all Employees in the bargaining unit.

ARTICLE VIII

UNION DUES CHECK OFF

Section 8.01. Upon receipt of a voluntary written authorization, the Employer agrees to deduct and forward monthly the Union membership dues from the pay of each IBEW member.

The amount to be deducted shall be the amount specified in the approved Local Union Bylaws.

Such amount shall be certified to the Employer by the Local Union upon request by the

Employer.

Section 8.02. The Union agrees to indemnify and save the Employer harmless against any and all claim, suits or other forms of liability arising from the obligations and executions thereof of this Article and Article 7 as stated above.

ARTICLE IX

GRIEVANCES AND ARBITRATION

Section 9.01. Should differences arise between the Employer and the Union as to the interpretation of or application of this Agreement, an earnest effort shall be made to settle such differences as promptly as possible by utilizing the grievance procedure outlined in Section 9.02 and it is agreed that no issue shall be refereed to arbitration until said issue has been processed in accordance with the grievance procedure.

Section 9.02. The grievance procedure shall be as follows:

(a) Step I: The grievance shall be submitted in writing and first be taken up directly with the Union Shop Steward or his/her designated replacement and the Employee's

Supervisor within five (5) working days of the infraction.

(b) Step II: If the grievance is not resolved between the employee (grievant) and/or the Shop Steward, and the Supervisor, the on-site Project Manager (or his/her designee) shall meet with the Union Shop Steward or other designated Union representative to attempt to resolve this matter.

(c) Step III: If the grievance is not resolved between the Shop Steward and/or other designated Union representative and the on-site Project Manager (or his/her designee), then the Business Agent shall meet with the Assistant Vice President, FM Operations or other designated Company representative to attempt to resolve this matter.

Section 9.03. If the grievance is not settled at Step III, within ten (10) days of the meeting, either party may, upon written notice to the other party, refer the matter to binding arbitration;

provided, however, that such arbitrator shall not have the power to alter this Agreement or any of its terms, in any way. The Arbitrator shall be selected by the parties from a panel submitted by the local office of the Federal Mediation and Conciliation Service pursuant to the rules and regulations of the FMCS.

Section 9.04. The Arbitrator's decision shall be submitted in writing and shall be final and binding upon the parties. In case of discharge, the Arbitrator shall have the power to sustain the discharge or to order reinstatement of the employee, with or without pay for days lost. The fee of the Arbitrator and the administrative charge, if any of the FMCS, shall be borne equally by both parties.

Section 9.05 It is agreed that any difference arising incident to the negotiations of terms of a new Agreement are not covered by this Article.

Section 9.06. DISCIPLINE AND DISCHARGE. The Company reserves the right to discipline or discharge Employees. Should the Union dispute the Company's action being not for just cause, then, such dispute may be processed as a grievance starting at STEP III of the

Grievance Procedure. In cases of discharge, the Company shall notify the Union of the discharge and its reason for such action in writing within five (5) working days, or as soon thereafter as practicable. An Employee who claims he/she has been discharged without just cause must notify the Union within five (5) working days following the discharge. Notice that a discharge is being grieved must be made to the Company in writing by the Union within five (5) working days from the day of the discharge. Discussions between the Company and Business Representative concerning the discharge shall be considered STEP III and subject to the provisions relating to

STEP 3 of the Grievance Procedure.

Section 9.07. TIME LIMIT. The time limits specified in this Article shall be of the essence, and failure by the Union to take actions as required within the time specified herein shall result in the Grievance being dropped and not being subject to arbitration. The time limits may be waived only be written mutual agreement. Working days as used throughout this grievance procedure shall be exclusive of Saturday, Sunday, or Holidays.

ARTICLE X

WAGES, HOURS AND OVERTIME

Section 10.01. Wages and classifications of positions shall be as shown in Appendix

"A". All wages are to be paid weekly or bi-weekly, depending on the work location.

Section 10.02. WORKDAY. Eight (8) hours work, between 6:00 a.m. and 10:00 p.m. on

Mondays through Fridays inclusive, shall constitute a normal workday. Thirty (30) minutes shall be provided for a lunch period.

a) Forty (40) hours consisting of five (5) days of eight (8) consecutive hours in any one

(1) day or forty (40) hours in any one (1) week shall constitute a normal work week. All time worked in excess of eight (8) hours in one (1) calendar day or forty (40) hours in one (1) payroll week shall constitute overtime and shall be paid for at one and one-half (1 ½) times the basic rate. All overtime in excess of twelve (12) hours will be paid at two (2) times the base rate on projects that have been approved by the client. All hours worked on the seventh (7th) consecutive work day shall be paid for at double the straight time rate of pay.

b) Forty (40) hours consisting of four (4) days of ten (10) consecutive hours in any one

(1) day or forty (40) hours in any one (1) week shall constitute a normal work week. All time worked in excess of ten (10) hours in one (1) calendar day or forty (40) hours in one (1) payroll week shall constitute overtime and shall be paid for at one and one-half (1 ½) times the straight time rate of pay.

For those employees working the ten (10) hour shift four (4) days per week it is necessary to waive the overtime requirement of Article X, Section 10.02 (a), in the Collective Bargaining

Agreement. The waiver expressly does not apply to those shifts of eight (8) hours per day and work weeks of five (5) days or to part-time employees who work less than forty (40) hours per week. All other provisions of the Collective Bargaining Agreement that pertain to overtime remain intact.

Section 10.03. All employees shall be entitled to two (2) fifteen (15) minute breaks during their shift.

Section 10.04. Any employee called back to work after having completed his/her regular shift and gone home shall receive a minimum of four (4) hours pay at one and one-half (1 ½) times the prescribed hourly rate. An employee shall not be deemed to have been called back under the provision of this Section unless requested to work after having punched out and physically departed the Employer's premises.

Section 10.05. No employee shall be assigned off during his/her regular work schedule to equalize any overtime worked during the same work week or pay period. Any overtime worked shall be in addition to the regular work schedule of the employee.

Section 10.06. The Company agrees to post a work schedule at least ten (10) working days in advance. The Company reserves the right to change schedules if it is essential to its operations.

ARTICLE XI

VACATIONS, HOLIDAYS AND SICK LEAVE

Section 11.01. Each employee covered by the terms of this Agreement who has worked continuously in the employment of the Employer for the following period shall be entitled to accrue vacation time as shown below. New employees will begin accruing vacation time with their first paycheck but will not be permitted to use vacation time until they have worked at the facility for a period of ninety (90) days.

Zero to (5) years’ service – two (2) weeks 80 Hours 3.08 hours per biweekly pay period

At five (5) years’ service – three (3) weeks 120 Hours 4.62 hours per biweekly pay period

At ten (10) years’ service – four (4) weeks 160 Hours

6.15 hours per biweekly pay biweekly period At twenty (20) years’ service – five (5) weeks 200 Hours 7.69 hours per biweekly pay period

Time for taking said vacations shall be at the discretion of the Employer. Should a recognized holiday occur during an employee's vacation, he/she shall receive an additional day's vacation with pay. After one (1) years’ service, should an employee's service be terminated for any reason other than just cause, he/she shall receive pay in lieu of all accrued vacation. The vacation calendar shall co-inside with the payroll calendar year. The vacation leave year aligns with the payroll calendar year which changes from one year to the next. Any unused vacation can carry over to the following calendar year up to a maximum of forty (40) hours. Carryover vacation must be used by June 30th of the following year. The Employer shall approve requests for vacation.

Section 11.02. A. The following holidays shall be recognized and employees with at least thirty (30) days service shall receive a day's pay at straight time for same:

New Year’s Day Labor Day *Presidential Inauguration Day Indigenous Peoples’/Columbus Day Martin Luther King, Jr.'s Birthday Veterans Day Washington's Birthday Thanksgiving Day Memorial Day Christmas Day *Juneteenth Independence Day

*Only observed at the Site locations in which the Contracting Officer or

Authorized Client Representative have provided such approval.

If another federal holiday or administrative day is declared, and accepted by the

Contracting Officer, and the Company is relieved of staffing requirements, it shall be considered a holiday under this Agreement.

B. If an employee works on any of these holidays, he/she shall be paid two times (2) the basic rate for all hours worked. No employee shall be assigned to work less than eight (8) hours on a holiday to perform normal work.

C. If a holiday falls on an employee's regularly scheduled day off, and he/she is not required to work, he/she shall receive eight (8) hours pay at his/her straight time rate.

D. In weeks during which a holiday occurs on a scheduled workday and an employee is assigned off duty, he/she shall receive a day's pay for same.

E. To be eligible for holiday pay, a full-time employee must work his/her last scheduled day before the holiday and his/her first scheduled day after the holiday.

F. It is understood and agreed that in no event shall sub-sections (a), (b), (c), (d) or (e) of this section be combined or pyramided.

Section 11.03. Each full-time employee covered under the terms of the Agreement shall be entitled to seventy-two (72) hours of sick leave annually. Unused sick leave up to two hundred and forty (240) hours may be carried over from year to year. The rate of pay shall be based on the employee's base rate of pay. The Employer may require an employee to provide a doctor's note after two (2) consecutive days. Sick leave is not paid out upon termination. The company agrees to offer Employees the option to convert three (3) days of accrued and unused sick leave to personal leave per year of the agreement. To be eligible, the Employee must have a minimum balance of forty (40) hours sick leave accrued at the time of the request and provide a minimum of forty-eight (48) hours’ notice to his/her supervisor. Personal days cannot be taken at the same time or used to extend vacations.

ARTICLE XII

VETERANS

Section 12.01. Any employee covered by this Agreement who enters the military service of the United States of America during a war in which our country is involved, shall be considered on leave of absence and shall retain his/her seniority during such service. He/she shall be returned to his/her former or comparable position upon the honorable discharge for such service and who is in compliance with existing governmental regulations regarding re-employment rights or within thirty (30) days.

ARTICLE XIII

BEREAVEMENT PAY

Section 13.01. In case of death occurring of a spouse, child, father, mother, brother, sister, employee’s grandparent, grandchild of an employee, the employee shall return to work by the fifth (5th) scheduled work day after such death. In the case of death occurring of a mother-in-law, father-in-law, uncle, aunt, nephew, neice the employee shall return to work by the fourth

(4th) scheduled work day after such death. If any or all of the three (3) or four (4) intervening days were scheduled working days, they shall be considered as an excused absence for which payment will be made. If such a death occurs during a working day, the remainder of the day will be paid with full salary. The next day shall be considered the first (1st) work day of absence.

Employees shall not receive pay under this provision for scheduled days off. An employee must have a minimum of thirty (30) days’ service to be paid under this Article.

ARTICLE XIV

SENIORITY

Section 14.01. A. Upon completion of the probationary period, employees shall be placed on the seniority list dating from the 1st day employment with the Company at the respective project site covered under the collective bargaining agreement. The first ninety (90) days of employment shall be a probationary period during which an employee may be discharged with or without cause.

B. Site seniority is defined as a Bargaining Unit employee's continuous service at the site with the Company.

C. Job classification seniority is defined as the continuous service in their job classification with the Company.

D. The Company shall supply the Union with a job classification and site seniority list of the employees covered by this Agreement. Such list(s) shall be revised and provided annually, or upon request by the Union.

Section 14.02. Layoff: The Company will determine the time of layoffs, the number of employees to be laid off, and in what job classification layoffs will occur. If a layoff should occur, the Union shall be notified at least one (1) week in advance. The employer recognizes the principle of seniority and agrees that where the ability, qualifications and performance of two (2) employees are equal, the employee with the least job classification seniority shall be the first (1st) to be laid off. Any employee subject to layoff may exercise site seniority in the following order.

(a)Within any job classification in which an employee had previously established classification seniority and is still qualified.

(b) In the case of a layoff, probationary employees shall be laid off first (1st).

(c) If at the time of layoff, any eligible employee refused to exercise their seniority rights, such employee shall retain seniority rights to be recalled. Such employee must notify the

Company of an intention to exercise seniority rights within five (5) days of layoff notice. An employee so displaced may similarly exercise seniority rights to displace another employee in accordance with the same criteria.

Section 14.03. Termination of Seniority Any employee's seniority shall be terminated and his/her rights under this Agreement forfeited for the following reasons:

(a) Discharge for just cause, quit, retirement, or resignation;

(b) Failure to give notice of intent to return to work after recall within five (5) working days, or failure to return to work on the date specified for recall, as set forth in the written notice of recall;

(c) Time lapse of twelve (12) months, or for a period equal to the Employee's seniority (whichever is less), since the last day of actual work for the Company;

(d) Failure to return to work upon expiration of a leave of absence;

(e) Absence in excess of two (2) years due to physical disability; provided, however, that where such absence is due to compensable disability incurred during the course of such employment, such absence shall not break continuous service, provided that such individual has returned to work within a seven (7) calendar day period after final payment of statutory compensation for such disability or after the end of the period used in calculation a lump sum payment. Upon return to work from a period of Disability, the employee must present appropriate documentation verifying their availability date and medical release.

Section 14.04. A. Recall. Order of Recall. If the Company determines to fill job vacancies for the purpose of reinstatement in a job classification from which employees are laid off, such employees, eligible for recall, shall be recalled using the same procedure outlined in

Section 2 above.

B. Notice of Recall. The Company will forward notice of recall by certified mail to the last known address of the employee reflected on Company records. The employee must, within five (5) working days of delivery or attempted delivery of the Notice of Recall, notify the

Company of his/her intent to return to work on the date specified for recall and thereafter, return to work on such date.

C. If application of the preceding sections results in two (2) or more employees having the same seniority, the Employer, in its sole judgment shall determine the employee affected. The Employer shall determine which employee is the most qualified based on previous job performance.

Section 14.05. Promotions from one (1) job classification covered by this Agreement to another job classification covered by this Agreement shall be made on the basis of seniority where in the opinion of the Employer the ability and performance of the employees eligible for such promotion is equal. The Employer shall give notice of any such promotion in advance to the Union, if it desires, and discuss such promotion with the Union. The judgment of the

Employer, however, shall be final and not subject to arbitration.

ARTICLE XV

SAVINGS CLAUSE/CHANGE IN LAWS

Section 15.01. Should any part hereof or any provision herein contained be rendered or declared invalid by reason of any existing legislation or by any decree of a court of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof, and they shall remain in full force and effect. The parties further agree that this Agreement may be reopened by either party upon thirty (30) days written notice only for negotiations and agreement regarding the provisions invalidated.

Section 15.02. In the event that agreement regarding the provisions invalidated cannot be reached, the contract will continue in force without change until the expiration of the Agreement.

ARTICLE XVI

WORKING CONDITIONS

Section 16.01. Employee Procedure. It is agreed that all trouble shooting, repair, modification and installation of all electrical equipment shall be performed by employees covered by this Agreement. This provision shall not limit the right of the Company to subcontract work in order to meet specific or specialized requirements or due to time constraints imposed by the client.

ARTICLE XVII

SAFETY

Section 17.01. The Company will comply with all applicable health and safety laws and regulations and the Union and all Employees agree to cooperate toward the objective of eliminating accidents and health hazards. The Company will continue to make reasonable provisions for the safety and health of its Employees during the hours of their employment. The

Union agrees that the Company shall terminate any Employees covered by this Agreement who expose themselves or any individual to unsafe acts which could result in serious bodily harm.

All Employees must report any work-related injury prior to leaving work the day of the injury, no matter how slight, to his/her immediate supervisor.

ARTICLE XVIII

WAGES AND FRINGE BENEFITS

Section 18.01. The Company agrees to pay wages and fringe benefits in accordance with

Appendix A attached hereto.

Section 18.02. Pension. The Company shall contribute and forward monthly to the

Electrical Workers Local No. 26 Pension Trust Fund the amount set forth in Appendix A of this

Agreement for all hours paid up to a maximum of forty (40) hours per week. It shall forward a completed payroll report as prescribed by the Trustees of said Fund. The payment and payroll report shall be mailed, postage prepaid, so as to reach the Trustees or their designated agent not later than thirty calendar days following the end of each calendar month. No matter pertaining to the provisions of the Electrical Workers Local No. 26 Trust Fund shall be subject to the grievance and arbitration provisions of this Agreement.

Section 18.03. Electrical Welfare Trust Fund. The Company shall contribute and forward monthly to the Electrical Welfare Trust Fund the amount set forth in Appendix A of this

Agreement for all hours paid. It shall forward a completed payroll report as prescribed by the

Trustees of said Fund. The payment and payroll report shall be mailed, postage prepaid, so as to reach the Trustees or their designated agent no later than thirty calendar days following the end of each calendar month. No matter pertaining to the provisions of the Electrical Welfare Trust Fund shall be subject to the grievance and arbitration provisions of this Agreement.

Section 18.04. Annuity. The Company shall contribute and forward monthly to the

Individual Account Fund the amount set forth in Appendix A of this Agreement for all hours paid. It shall forward a completed payroll report as prescribed by the Trustees of said Fund. The payment and payroll report shall be mailed, postage prepaid, so as to reach the Trustees or their designated agent not later than thirty calendar days following the end of each calendar month. No matter pertaining to the provisions of the Individual Account Fund shall be subject to the grievance and arbitration provisions of this Agreement.

Section 18.05. NEBF. It is agreed that in accord with the Employees Benefit Agreement of the National Electrical Benefit Fund (“NEBF”), as entered into between the National Electrical

Contractors Association and the International Brotherhood of Electrical Workers on September

3, 1946, as amended, and now delineated as Restated Employees Benefit Agreement and Trust, that unless authorized otherwise by the NEBF, the individual Employer will forward monthly to the NEBF’s designated local collection agent an amount equal to 3% of the gross monthly labor payroll paid to, or accrued by, the employees in this bargaining unit, and a completed payroll report prescribed by the NEBF. The payment shall be made by check or draft and shall constitute a debt due and owing to the NEBF on the last day of each calendar month, which may be recovered by suit initiated by the NEBF or its assignee. The payment and the payroll report shall be mailed to reach the office of the appropriate local collection agent not later than fifteen (15) calendar days following the end of each calendar month.

The individual Employer hereby accepts, and agrees to be bound by, the Restated

Employees Benefit Agreement and Trust.

An individual Employer who fails to remit as provided above shall be additionally subject to having his agreement terminated upon seventy-two (72) hours’ notice in writing being served by the Union, provided the individual Employer fails to show satisfactory proof that the required payments have been paid to the appropriate local collection agent.

The failure of an individual Employer to comply with the applicable provisions of the

Restated Employees Benefit Agreement and Trust shall also constitute a breach of his labor agreement.

Section 18.06. Health & Welfare. The Company shall contribute and forward monthly to the Electrical Workers Local #26 Health and Welfare Fund the amount set forth in Appendix A of this Agreement for all hours paid up to a maximum of forty (40) hours per week. Cost of the

Health and Welfare plan in excess of this amount will be borne by the employee. The payment shall be mailed, postage prepaid, so as to reach the Trustees or their designated agent not later than thirty calendar days following the end of each calendar month. No matter pertaining to the provisions of the Health & Welfare Fund shall be subject to the grievance and arbitration provisions of this Agreement.

ARTICLE XIX

TERM AND DURATION

Section 19.01. This Agreement shall take effect on June 1, 2024 and shall remain in effect through May 31, 2027 and shall continue in effect from year to year thereafter, unless changed or terminated. Either party desiring to change this Agreement must notify the other in writing at least sixty (60) days prior to May 31, 2027. When notice for changes only is given, the nature of the changes desired must be specified in the notice and, until a satisfactory conclusion is reached in the matter of such changes, the original provision shall remain in full force and effect.

Section 19.02. In the event that either party has given a timely notice of proposed changes and an agreement has not been reached by the anniversary date to renew, modify, or extend this Agreement either party may serve the other a ten (10) day written notice terminating this Agreement. The terms and conditions of this Agreement shall remain in full-force and effect until the expiration of the ten (10) day period.

Section 19.03. This Agreement shall be subject to change or supplement at any time by mutual consent of the parties hereto. Any such change or supplement agreed upon shall be reduced to writing, signed by the parties hereto, and submitted to the International Office of the

IBEW for approval, the same as this Agreement.

APPENDIX "A"

WAGES

Job Classification Effective Effective Effective 06/08/24 06/07/25 06/06/26

Journeyman Electrician $54.51 $56.69 $58.67

NOTE: Electrician Lead will receive $3.00 per hour over the Journeyman Electrician’s rate in June 2024 and $4.00 in June 2025 and 2026.

BENEFITS

Effective Effective Effective 06/08/24 06/07/25 06/06/26

Health and Welfare $8.00 $8.29 $8.34

Pension $6.90 $7.20 $7.45

Annuity $4.61 $4.86 $5.11

The Local Union shall have the right to divert money contained in the negotiated wage package to contributions to the Pension, Health and Welfare and Annuity, and all other funds after providing a thirty (30) day written notice to the company.

APPENDIX “B”

EMCOR GOVERNMENT SERVICES, INC.

ELECTRICAL DEPARTMENT JOB SITE LOCATIONS:

1) ARMY NATIONAL GUARD

2) LIBERTY CROSSING

3) DULLES DISCOVERY

4) FDIC - VA

5) FDIC – DC

6) U.S. HOLOCAUST MUSEUM

7) NEW DOMINION 1 & 2

And any additional job sites that employ Local 26 electricians within the effective dates of this contract.

SUCCESSORS

This Agreement shall be binding upon and shall insure to the benefit of the parties hereto their successors and assigns.

IN WITNESS WHEREOF, the parties hereto have caused their names to be subscribed by their authorized officers and representatives.

EMCOR GOVERNMENT SERVICES INC.

By: Date: _________________________

Signature

Printed Name/Title

LOCAL UNION NO. 26, IBEW

By: Date: _________________________ Signature

Printed Name/Title joneill Typewriter Joseph F. Dabbs/Business Manager joneill Typewriter 6-14-2024