DRAFT RFP Atch 5 - CBA.pdf

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COLLECTIVE BARGAI NI NG AGREEMENT

Between

AKIMA GLOBAL SERVICES

And

TEAMSTERS LOCAL UNION NO. 769

AFFILIATED WTH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS

MIAMI, FLORIDA

Table of Contents

PREAMBLE3

STATEMENT OF PRINCIPLES3

ARTICLE I GENERAL PROVISIONS4

ARTICLE 2 SENIORITY 6

ARTICLE 3 JOB OPPORTUNITIES 9

ARTICLE 4 GRIEVANCE PROCEDUE IO

ARTICLE 5 DISCPLINE 13

ARTICLE 6 HOURS OF WORK AND OVERTIME 15

ARTICLE 7 WAGES, WORK SHIFTS AND PAYMENT POLICIES 16

ARTICLE 8 HEALTH AND WELFARE 18

ARTTCLE 9 401(K) PLAN 18

ARTICLE 10 HOLIDAYS 19

ARTICLE ll VACATIONS2O

ARTICLE 12 LEAVE OF ABSENCE21

ARTICLE 13 MISCELLANEOUS PROVISIONS 24

ARTICLE 14 SAFETY 25

ARTICLE T5 CONTINUITY OF OPERATIONS 25

ARTICLE 16 SEPARABILITY OF CONTRACT 26

ARTICLE 17 MACHINES, EQUIPMENT AND SUPPLIES26

ARTICLE 18 CLOTHING ALLOWANCE 27

ARTICLE 19 TRANSFER OF COMPANY TITLE OR INTERESTS2T

ARTICLE 20 ALCOHOL, DRUGS AND FIREARMS28

ARTICLE 2I MISCELLANEOUS28

ARTICLE 22 DURATION29

ARTICLE 23 PART TIME EMPLOYEES29

APPENDIX A WAGE AND BENEFIT SCHEDULE3O

PREAMBLE

THIS AGREEMENT (the "Agreement") is entered into by and between Akima Global Services hereinafter referred to as the "Employer" or "Company," and the Intemational Brotherhood of Teamsters, Local Union No. 769 (hereinafter referred to as the "Union")

STATEMENT OF' PRINCIPLES

WHEREAS, it is the desire of the Parties to enter into a collective agreement for the purpose of maintaining harmonious and peaceful labor conditions and establishing methods for a fair and peaceful adjustment of disputes that may arise between the parties; and

WHEREAS, the Parties mutually pledge that they will cooperate with each other in good faith in the enforcement of the terms of this Agreement so as to secure unintemrpted operation of the business of the Employer in rendering service to the Govemment and continuous employment of the employees and general stabilization; and

WHEREAS, the Union and the Employer recognize that all Employees in the bargaining unit are professional and deserving of the highest respect. Accordingly, the Employees, the Union and the Employer will work together to honor the principles of respect and dignity for all employees, both union and non-union. Further, the Parties agree that the continued success of the Employer's business and performance of its Govemment contracts is dependent upon our mutual respect for one another's work;

NOW, THEREFORE, it is agreed as follows:

ARTICLE 1

GENERAL PROVISIONS

SECTION Ll RECOGNITION AND SCOPE OX'BARGAINING UNIT

The Company recognizes the Union as the sole and exclusive bargaining representative for the purpose of collective bargaining as defined in the National Labor Relations Act of all employees in the classifications set forth in Appendix A, attached hereto, employed by the Employer at the Krome Service Processing Center (the "Facility" or "SPC") in Miami, Florid4 excluding all other employees, office clericals, guards, and supervisors as defined in the Act. This Agreement shall be binding upon both parties, their successors and assigns.

Management will not perform productive work assigned to and performed by employees in classifications listed in this Agreement in Appendix A, except as follows:

(1) Work, which, historically, has been performed as a part of a management function.

(2) Work required to protect life or property.

(3) Work lasting one (1) hour or less in duration which calls for immediate action to avoid intemrption of any ofthe Company's operations.

(4) Training.

The work referred to in subparagraphs (2), (3), and (4) above shall be turned over to the appropriate bargaining unit employees in the classifications listed in this Agreement as soon as they can be made available.

The Company agrees that no employees covered by this Agreement will be interfered with, restrained, coerced or discriminated against by the Company, its officers or agents, because of membership in or lawful activity on behalf of the Union.

SECTION 1.2 BARGAINING OBLIGATIONS

The parties acknowledge that, during the negotiation which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to all proper subjects of collective bargaining;

that all such subjects were discussed and negotiated upon; and that the Agreement contained herein was arrived aL after the free exercise of such rights and opportunities.. Therefore, the Company and the Union shall not be obligated to bargain collectively on any matter pertaining to conditions of employment, including but not limited to, rates of pay, wages, hours of work, disciplinary actions, training requirements, etc., during the term of this Agreement, except as specifically provided for in other provisions of this Agreement and except for any conditions of employment that were in effect prior to the time of the signing "of this Agreement that may have been inadvertently not disclosed in good faith during bargaining. Also, nothing above shall preclude the parties from negotiating written amendments to this Agreement, should unanticipated circumstances arise.

SECTION 1.3 NEGOTIATING COMMITTEE

The Company agrees to recognize a Negotiating Committee composed of up to two members and one alternate selected by the Union to represent the Employees in collective bargaining negotiations.

SECTION 1.4 CLASSIF'ICATIONS

See Appendix A

SECTION 1.5 PROBATIONARY EMPLOYEES

Each newly hired Employee shall be considered a probationary Employee of the Company until the Employee has actually worked sixty (60) calendar days of work, during which they may be discharged without regard -to cause and without recourse to the grievance procedures of this Agreement. Probationary employees, may, however, grieve pay issues under the Agreement. Upon completion of the probationary period, the new Employee shall be considered a regular Employee and shall accrue seniority from the ,date of hire. Employees may not be placed on probation as a disciplinary measure or as part of a disciplinary action. Any discharges after probation must be with just cause.

SECTION l.6INTENT OF PARTIES

The Union and the Company agree to work sincerely and wholeheartedly to the end that the provisions of this Agreement will be applied and interpreted fairly, conscientiously, and in the best interest of efficient kitchen operations. The Union and the Company agree to use their best efforts to cause the Bargaining Unit Employees, individually and collectively, to perform and render loyal and efficient work and services on behalf of the Company.. Neither the Company, nor the Union, nor their representatives, nor their members will intimidate, coerce, or discriminate in any manner against any person in its employ by reason of his/her membership and activity or non-membership or non-activity in th\.rUnion.

SECTION 1.7 MANAGEMENT'S RETAINED RIGHTS

A. Management of the business and direction of the work force are exclusively the right of management. These righ* include the right to:

1. Hire;

2. Assign work;

3. Promote, Demote;

4. Discharge, discipline, and/or suspend forjust cause;

5. Require Employees to observe reasonable Company rules and regulations;

Determine when overtime shall be worked;

Determine the qualifications of an Employee to perform work.

B. Any of the rights, power or authority the Company had prior to the signing of this Agreement are retained by the Company, except those specifically abridged or modified by this Agreement and any supplemental Agreements that may hereafter be made.. The Company's failure to exercise any function reserved to it shall not be deemed a waiver of any such rights.

SECTION 1.8 ANTI-DISCRIMINATION

The Employer and the Union agree to make it a matter of record in this Agreement that the provisions of this Agreement will apply equally to all Employees and are not intended to and shall not be applied to violate any local, Florida or federal law. The Company and the Union recognize that the objective of providing equal employment opportunities for all people is consistent with Company and Union philosophy, and the parties agree to work sincerely and wholeheartedly toward the accomplishment of this objective.

ARTICLE 2

SENIORITY

SECTION 2.1 SENIORITY DEFINED

Seniority shall be defined as the length of continuous service with the Company, its predecessors and successors for which an employee receives credit in any classification covered by this Agreement, including full time, part-time and on-call.

Seniority shall commence on the day the employee enters pay status with the Company in a classification covered by this Agreement.

Seniority shall be the determining factor when bidding for vacation, permanent and temporary vacancies which exceed fourteen (14) days, holiday assignments, shift and days off, reductions in force and recall.

New employees shall establish seniority retroactive to date of employment.

Effective on or after the date hereof, the relative seniority -of employees hired on the same date shall be determined by the last four (4) digits of the employee's Social Security Number. The employee with the highest last four (4) digits shall be deemed the senior. The Union shall be so advised.

SECTION 2.2 SENIORITY LISTS

The Company shall prepare and maintain lists of its employees according to their seniority dates as required by this Agreement. Lists shall be divided in seniority groupings of similar work and the Company shall fumish updated copies, on a semi-annual basis (January and July) to the business agent. The rights of

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employees under this Article shall be determined in accordance with their relative position on the appropriate seniority list.

Seniority rosters shall show employee's name, seniority ranking number, job classification and date of entry into service.

SECTION 2.3 LOSS OF'SENIORITY

An employee shall lose his/her seniority rights for the following reasons:

l) He/she provides a written statement of his intent to voluntarily quit;

2) He/she is discharged forjust cause;

3) He/she is laid offcontinually for a period of eighteen (18) months:

4) He/she fails to notify the Company of their intent to retum within five (5) days after a notice of recall is sent via a verifiable media (i.e., certified mail, e-mail, text). When the employee responds to the recall notice they are to report to work no later than ten (10) days after being recalled. It shall be the responsibility of each employee to keep the Company advised of his current mailing address.

5) Employee has failed to express his or her intent to return to work, and/or does not return to work in accordance with the requirements in this Article;

6) Employee fails to report to work for three (3) consecutively scheduled days without notifying the company, except in ease of circumstances beyond his or her control with valid documentation;

7) Employee transfers out of the bargaining unit, except as provided in this article;

8) Employee becomes ineligible for employment because the Government removes their clearance.

SECTION 2.4 PERSONAL DATA

Employees, both working and in a laid-off status, shall notifu the Employer in writing, on the company provided form, of their proper mailing address and telephone number or of any change of name, address, or telephone number. The Company shall be entitled to rely upon the last known address in the Employer's official records.

SECTION 2.5 TRANSF'ER OUT OF'UNIT

Any Bargaining Unit Employee who is promoted to a non-bargaining unit position for more than thirty

(30) days shall lose their Union seniority.

SECTION 2.6 UNION REPRESENTATIONS

The Company will recognize the appointment of stewards by the Local Union. Such appointments will be confirmed to the Company, in writing. Employees so appointed will maintain their designation until relieved in writing by the Local Union or transferred to a work unit outside of the scope of their appointment.

The Union may, upon written request to the Company, designate one (l) shop steward per shift.

Notwithstanding their position on the seniority list, the stewards) so appointed shall be continued at work as long as there is sufficient work for which they are qualified under this Agreement at the base at which they are employed.

Any employee member of the Union acting in any official capacity whatsoever shall not be discriminated against for his acts as the representative of the Union so long as such acts do not interfere with the conduct of Company business, nor shall there be any discrimination against any employee because of Union membership activities.

The Company agrees that a local union representative can enter the Company's premises, with appropriate DHS/I.C.E. clearance and approval, during working hours for the purpose of adjusting disputes andlor observing working conditions. When an Intemational Union Representative, Local Union President, or designee wishes to enter the premises, a request will be made to the appropriate Company official to attempt to obtain DHS/I.C.E clearance and approval.

In addition, if an Intemational Union Representative, Local Union President, or designee desires to confer with a steward(s), the time of such meeting will set by mutual agreement between the Union and the Company.

Union representatives granted access to the Company's premises shall not interfere with the normal work duties of employees and/or the Company's operations.

The Union shall be notified of all hearings to be held in accordance with Article 4 in which it is not a participant and shall have the right to participate in such hearings

The Union agrees that the stewards will work at their regular jobs at all times except when they are relieved to attend to the business of the Grievance Procedure as outlined in this Agreement. Aggrieved employees will be paid their regular rate of pay in the conduct of Company Union business during scheduled working hours.

The Union will notiff the Company in writing of the names of the current stewards, and of any changes.

SECTION 2.7 DUES CHECK OFF

A. The Company agrees to deduct dues as designated by the Union on a monthly basis from the paycheck of each member of the Union. These deductions will be made only upon written authorization from the Employee on a form provided by the Union. The Employee, upon written notice served upon the Union, may revoke such authorization as provided in the Employee Check- Off Authorization Card. It is understood that such deductions will be made only so long as the Company may legally do so. The Company will be advised in writing, by the Union, as to the dollar amount ofthe Union membership dues, initiation fees and assessments.

B. The Company will remit all such deductions to the Financial Secretary/Treasurer monthly, no later than the twentieth (2fth) day of the month, The Union agrees to fumish the Company with the current routing number for direct deposit. The Company shall fumish the Financial Secretary/Treasurer with a deduction list, setting forth the name and amount of dues with each remittance. The Union agrees to hold the Company harmless from any action or actions gtowing out of these deductions initiated by an Employee against the Company, and assumes full responsibility of the dispositions of the funds so deducted, once they are paid over to the Union.

Errors made by the Company in the deduction or remittance of monies shall not be considered by the Union as a violation of this provision, providing such errors are unintentional and conected when brought to the Company's attention.

ARTICLE 3

JOB OPPORTUNITIES

SECTION 3.1 F'ILLING VACANCIES

Vacancies within the bargaining unit shall be posted and filled in accordance with this Article.

Permanent vacancies within all classification, with its periaining shift and days off, will first be offered, in seniority order, among those already, holding the particular classification to be filled. Temporary vacancies of thirty (30) working days or more will be offered, in seniority order.

When the Company determines that a vacancy exists within a classification, a Notice of Vacancy shall be posted for a period of seven (7) working days. Interested employees, within the classification / department, should sign the Notice indicating his/her desire to be awarded the position. Award of the vacancy will be granted to the most senior qualified person on the Notice.

When a vacancy occurs within a higher classification, those currently holding the classification shall be first offered the shift and days offof the vacancy. The remaining shift and days offshall be processed in the same manner as above.

Employees awarded a promotional vacancy shall serve athirty (30) calendar day probationary period and the Company will provide full cooperation and training. The Company may request an extension ofthe probationary period prior to the conclusion ofthe thirty (30) calendar day probationary period, not to exceed an additional thirty (30) calendar days. The Union will not unreasonably deny such a request.

Employees who fail to meet the standards of the position within the probationary period shall be retumed to their original position.

SECTION 3.2 LAYOFF ATID RECALL

For purposes of this Agreement, the term "layoff means a reduction in the number of employees in a given occupational title on a shift in a work unit due to lack of work in such occupational title. In the event of a layoff, the displacement rights of employees affected are those set forth in this procedure.

The primary factor in a layoffis the employee's seniority within a given occupational title, It is the intention of the layoff procedure to offer continued employment in his/her occupational title to the employee with greater seniority.

For purpose of displacing less senior employees, there is a presumption (except as to security clearance), in favor of the employee's ability to perform the work of his occupational title, and of other occupational titles.

When a layoffoccurs, it shall be govemed by the following procedure:

The appropriate number ofjunior employees in each classification will receive layoff notices.

After the layoff notices have been received, those employees who have seniority in a lower classification will be given an opportunity to bump the least senior employee in another classification if the bumping employee is qualified for work in that classification at the tune of the layoff.

After all seniority rights have been exercised, the Company will publish the new seniority groups and their manpower requirements. Reassignment of the new Manpower requirements shall be in seniority order within the work units.

The Company will provide the Union office with a list of those employees who are actually laid off.

If an employee does not have sufficient seniority to displace another employee as outlined above, he/she shall be laid off, and shall have recall rights to previously held job(s) in which he/she has previously been employed or other job classifications for which the employee is qualified subject to the employee re-obtaining security clearance. At the time of layoff the employee affected will be required to complete recall forms for those jobs so desired.

A laid offemployee shall be paid for accrued, unused vacation under Article I l, In no event shall the work of the laid off position(s) be absorbed by employees in another Union or by Management employees.

Notice Requirement

Employees to be laid off due to a reduction in force will receive a leffer of layoff notifiing them of their layoff. An employee exercising displacement rights will make a displacement decision within three (3) workdays of receiving a layoff notice. An employee being displaced will receive displacement notice in writing. Only the employee actually laid offdue to a reduction in force shall be entitled to a total of two (2) weeks' notice of the layoff with pay in lieu thereof, unless the Govemment provides the Company with less than two weeks' notice of the reduction in work in which ease the Company will provide the employee with notice within twenty four (24) hours of the Company's receipt of such notice from the Govemment.

Such notice period shall run concurrently with a letter of abolishment or the date of displacement.

In order to qualify for displacement rights, any employees exercising or about to exercise displacement rights as outlined above must meet the minimum specifications of the job at the time of the requested displacement in order to be offered the position.

In the event of an increase in the number of people in an occupational title within a seniority group such vacancies will be filled by recalling qualified employees who have been laid off from the work unit.

Employees may waive their rights to retum to active service on positions of less than ninety (90) workdays' duration by filing written notice with the Project Manager and the Union.

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Such notice will not invalidate his/her recall under this Article 3 ofthis Agreement.

ARTICLE 4

GRIEVANCE PROCEDURE

SECTION 4.1 INTENT

For purposes of this Agreement, a grievance shall mean a claimed violation, misinterpretation, or misapplication of any provision of this Agreement, or the challenge of any disciplinary action taken against a Union Employee, except that this grievance procedure shall not be used for any action or order of removal of an Employee from working under the contract by the U.S. Govemment or revocation of required clearances by the U.S. Govemment. In addition, the grievance procedures outlined herein shall not apply to any situation where the company is acting under express directives of the U.S. Govemment or the State ofFlorida.

SECTION 4.2 GENERAL PROVISIONS

A. The number of days outlined in Section 43 in the processing and presentation of grievances shall establish the maximum time allowed for the presentation and processing of a grievance. The term "days," whenever used in this Article, shall not include Saturdays, Sundays or holidays.

B. Provisions of the Essence, The time limitations set forth in this Article are deemed of the essence to this Agreement. Should the Company, the Union, or the aggrieved employee fail to comply with the time limits as set forth in this Article, the party who failed to comply with the time limits shall forfeit the grievance (If the Union fails to comply with the time limits the grievance shall be deemed denied and if the Company fails to comply with, the time limits the grievance shall be deemed sustained). Time limits may be extended only by mutual written agreement of both parties (e-mail correspondence accepted).

SECTION 4.3 GRIEVANCE PROCEDURE

All grievances shall be presented and processed in accordance with the following procedures

Informal Step - The parties shall make their best efforts to first attempt to resolve any dispute on an informal basis. Both the Company and the Union agree that the Employee should attempt to first discuss their complaint with their immediate supervisor (not in the bargaining unit) or Project Manager, within five (5) days of the occuffence of the incident or reasonable knowledge ofthe occurrence ofthe incident or issuance ofthe disciplinary action being grieved, to start the informal procedure.

Step One - Regardless of whether the informal procedure has been invoked, ifthe matter is not resolved informally, the Employee or the Union shall, not later than ten (10) days after the occurence of the facts giving rise to the grievance, set forth the facts in writing and specifying the Article of this Agreement allegedly violated. The grievance shall be signed by the aggrieved Employee and by the union representative, and shall be submiued to the Project Manager or designee with a copy to the Company's HR Manager. The Project Manager will sigr and date the written

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grievance to indicate and confirm receipt which shall be deemed to be the date of the Company's receipt. The Project Manager or designee shall have ten (10) days from the date of the Company's receipt ofthe wriuen grievance to submit a decision in writing with a copy to the aggrieved Employee and the union steward.

C. Step Two - Ifthe grievance is not settled in Step One, the grievance may be appealed in writing to the Company's Human Resources Manager or designee not later than ten (10) days from the date of the submission of the Project Manager's written denial. The Human Resources Manager or designee will have ten (10) days from the date the written appeal was received by the Human Resources Manager to retum a decision, in writing, with a copy to the aggrieved Employee and the union representative.

Grievance for Discipline - Any grievance involving discharge or other discipline may be commenced at Step One of this procedure.

Grievances settled at any Step shall not be precedent-setting.

Company Grievance - In the case of grievances submitted by the Company, the grievance may be submitted directly to a designated representative of the Union by the Company's Project Manager, or designee. Such grievance must be submitted within ten (10) calendar days of the occuffence of the events or conduct giving rise to the grievance, or within ten (10) days of when the Company should reasonably have had knowledge ofthe occurrence ofsuch events or conduct. The Union will respond in writing within ten (10) calendar days. If the matter is not settled, the Company may submit the matter to final and binding arbitration under Section 4.4 of this Agreement. In order to submit the matter to arbitration, the Company must serve written notice on the Union of its desire to arbitrate within ten (10) days of its receipt ofthe Union's written response or, if there is no timely written response by the Union, then within twenty-eight (28) calendar days of the Company's submission of the grievance.

SECTION 4.4 ARBITRATION PROCEDURES

A. Grievances processed in accordance with the requirements of Section 4.3 that remain unsettled may be processed to arbitration by the Union, giving the Company's Human Resources Manager written notice of its desire to proceed to arbitration not later than ten (10) days after rejection of the grievance in Step Two. Grievances which have been processed in accordance with the requirements of Section 4.3 which remain unsettled shall be processed in accordance with the following procedures and limitations:

B. Selection of an Arbitrator - Within fifteen (15) days of receipt of either party's written notice to proceed with arbitration, the Company and the Union or their designee will meet telephonically to jointly attempt to agree upon the selection of a neutral arbitrator. If, within fifteen (15) days, the parties fail to agree upon the selection of an arbitrator, the party requesting arbitration will request the Federal Mediation and Conciliation Service (FMCS) to supply a list of seven (7) arbitrators. An arbitrator will be selected from the list supplied by the FMCS by parties alternately striking from the list until one (l) name remains, and this individual shall be the arbitrator to hear the grievance.

Following the parties' selection of an arbitrator, and before proceeding to the arbitration hearing, the parties shall attempt in good faith to attempt to settle the matter.

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D. Decision of the Arbitrator - The arbitrator shall commence the hearing at the earliest possible date following the parties' notification to him or her of their desire to schedule a hearing. The decision of the arbitrator shall be final and binding upon the parties to the Agreement. Any decision shall be complied with, without undue delay after the decision is rendered. It is understood and agreed between the parties that the arbitrator shall have no power to add to, subtract from; or modifr any of the terms of this Agreement.

E. Arbitration Expense - The arbitratoCs fees and expenses, including the cost of any hearing room, shall be shared equally between the Company and the Union. Each party to the arbitration will be responsible for its own expenses and compensation incurred bringing any of its witnesses or other participants to the arbitration. Either party may engage the services of a court reporter for the purpose of making a record of the hearing that will be used as the official transcript of the arbitration proceedings. Ifa court reporter is used, the court reporter's fee and the costs ofthe transcript copies shall be bome by the requestin g party . Any other expenses of the arbitration shall be borne by the party incuning such expenses.

Time Limits - The decision of the arbitrator shall be rendered as soon as possible after the dispute has been submitted to him/her.

SECTION 4.5 CLASS ACTION

The Union shall have the right to file a group grievance (class action).

SECTION 4.6 INDIVIDUAL GRIEVANCES

No individual may move or otherwise process any grievance to arbitration on their own behalf without the Union's active written participation as their representative.

ARTICLE 5

DISCIPLINE

SECTION 5.l DISCHARGES

The Company shall have the right to discharge, discipline, and/or suspend Employees for just cause. Any Employee whose security clearance is not renewed or is revoked by the controlling govemmental agency shall be discharged without recourse to grievance or arbitration procedures. The Company will provide the Union a copy of the written request for removal, which the Employer receives from the govemment, when an Employee's Security Clearance is revoked.

SECTION 5.2 GROUNDS FOR DISCPLINE AND DISMISSAL

After completion of the probationary period, as specified in Section 1.5, no Employee shall be dismissed or suspended withoutjust cause. Just cause shall include any action or order of removal of an employee from working under the contract by the U.S. Govemment or revocation of required clearance by the U.S. Govemment. The "final decision" on the employee's removal shall be

B determined by the Government, and the Employer shall be held harmless by the Union and the employee for any further claims made after this final determination. This provision is not intended to limit or prohibit the rights of any party to seek relief from other parties.

The Company's contract with the U.S. Government sets out standards of conduct and contract-requirements for Employees and all Employees are required to comply with these standards.

Failure to do so may lead to disciplinary action. Employees agree to comply with any non-disciplinary directive issued by the US Government.

The Company may discipline Employees when necessary and discharge those who fail to uphold U.S. Government or Company standards as described in 5.2 (a) above. It is recognized by parties to this Agreement that progressive discipline generally shall be applied in dealing with Employees. However, it is also recognized that offenses may occur for which progressive discipline is not applicable (e.g. fraud, gross misconduct, theft, etc.). Disciplinary me:xures vary depending on the seriousness of the matter and the past record of the Employee. Failure to comply with any investigation procedures will result in dismissal.

Employees are expected to follow established standards. Employees may be counseled to improve in areas that the Employer feels need to be improved. Serious infractions that may result in immediate termination, include, but are not limited to, the following:

l. Violation of Company or U.S. Govemment security regulations (notice of regulations and camp rules to be provided to employees upon employment and when updated or changed by the Govemment).

2. Stealing or dishonesty

3. Drug or alcohol possession or use on the job.

4. Possession ofweapons on thejob.

5. Violence or threat ofviolence.

6. Serious disregard for safety practices and ri-{es.

7. Serious misuse of company propefty or materials.

8. Serious infraction ofclient relationship.

9. Serious excessive absences ortardiness.

1 0. Gross insubordination.

11. Notification from the Government of a rescission of employee's security clearance.

I 2. Falsification of records.

13. Refusal to take or failure to pass a drug test authorized by law, Executive Order or Articles l3 and 20 of this Agreement.

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Termination or suspension of an employee will be in accordance with the disciplinary process and approved by an official of the Company. For purposes of this Agreement revocation of an employee's security clearance by the U.S. Govemment is conclusively presumed to be just cause for termination.

In all cases involving the discharge or suspension of an employee, the Company must immediately notify the employee, in writing, of his discharge or suspension. Such written notice shall also be given to the shop steward and a copy sent to the assigned Business Agent care of the local Union office within one

(1) workday from the time of discharge or suspension.

It is understood that the Company has the right to discipline or discharge an employee within fifteen (15) days after the Company leams an action has occurred which has established. just and sufficient cause provided however-that where Company engaged in a legitimate intemal investigation into the circumstances surrounding a potential discipline or discharge the Company shall so notiSr the Union of the fact of the investigation in which case this provision shall be tolled until the conclusion of the investigation or for thitty (30) days, whichever occurs first unless the time period is extended by mutual agreement of the parties, which agreement shall not be unreasonably denied. Upon conclusion of an investigation, the Company shall have fifteen.(l5) days to initiate any discipline or discharge action.

An employee upon discharge or resignation must be paid, in full for all wages owed him-by the employer-including earned and accrued vacation and sick pay, if any, by their next regular paycheck or as required by applicable state law.

A discharged or suspended employee must advise the local Union, in writing, within five (5) working days after receiving notification of such action against him, of the employee's desire to appeal the discharge or suspension. Notice of appeal from discharge or suspension must be made to the Employer, in writing, within ten (10) days from the date of discharge or suspension.

The disciplinary process may, but is not required to be, as follows:

o Verbal counseling o Written waming . Suspension without pay o Termination

All wamings will be documented and placed within the employee's file. The Company will dismiss discipline resulting in a three (3) day suspension or less after a period ofone (1) year has passed, except where the employee has been given a final waming or the employee has engaged in repeated conduct in violation of Company policies during that one (l) year period.

ARTICLE 6

HOURS OF WORK AND OVERTIME

SECTION 6.l WORKDAY AND WORKWEEK

Shifts shall be scheduled at the discretion of the Employer and shall be bid in accordance with Article 7, Sections 7.4 and 7.5 of this Agreement to fulfill the needs of the U.S. Govemment.

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SECTION 6.2 OVERTIME

Overtime compensation shall be computed on the basis of actual overtime worked to the nearest quarter (l/4) hour period and no overtime work shall be required, proffered, or permitted except by direction of supervisory personnel of the Company, except in cases of emergency where prior authority cannot be obtained.

Time and one-half the regular hourly rate shall be paid (1) for all work performed at Company request on an employee's regular day off, (2) after forty (40) hours of straight-time work in an employee's work week; and (3) on the sixth (6e) day worked in an employee's work week. Double-time (2x) for all hours worked shall be paid on an employee's seventh (7e) consecutive work day.

Overtime rates shall, be paid for not less than four (4) hours to any employee called back for duty not continuous with his/her regular working hours. Overtime rates shall be paid for not less than two (2) hours to any employee scheduled or called into work prior to and continuous with his/her regular workday.

Meal periods shall not be computed for purposes of overtime compensation.

The principles of equal distribution and advance notice of overtime will be applied as far as practicable.

Employees who regularly perform the work involved in the required overtime will be given an opportunity to work the overtime before any other assignment of overtime is made.

If overtime is refused by an employee on the work unit overtime or on the secondary overtime roster, then the junior employee, within the same classification, on the work unit overtime roster will be assigned.

For overtime scheduling pulposes, employees will be considered to be on vacation from completion of their last regular tour ofduty prior to the scheduled vacation period until reporting for the first regular tour of duty following the vacation period.

Employees will not be required to absorb overtime by taking time off

The Company will make every reasonable effort, consistent with its operating requirements, to give affected employees two (2) hours'notice-of overtime work assignments.

For the purpose of maintaining health and safety, kitchen employees will not normally be permiued to work in excess of twelve (12) hours per day.

Administrative, Mail Room and Warehouse employees will not normally be permitted to work in excess ofsixteen (16) hours per day.

There will be no pyramiding of overtime.

ARTICLE 7

WAGES, WORK SHIFTS AND PAYMENT POLICIES

SECTION 7.1 REPORTING PAY

In the event an Employee reports to work for their shift or upon being called in to work, without having been notified not to report, and work is not available, the Employee shall be paid four (4) hours reporting pay at their regular rate of pay. Acts of God and failure of equipment beyond the Contractor's control shall nullif,i the Contractor's requirement to pay such reporting pay.

SECTION 7.2 PAYDAY

Payday for all hourly Employees will be on Friday following the two (2) week Pay period ending On Saturday subject to change by mutual agreement:

SECTION 7.3 UNDISPUTED ERROR

In case of an undisputed error on the part of the Company as to an Employee's rate of pay, or number of hours paid, proper adjustment will be made within seventy-two (72) hours after the error has been brought in written form to the Company's attention.

SECTION 7.4 SHIFT RIDDING, HOI.IRS OF'WORK & SENIORITY

At least once each year all Employees at each location may bid for shift schedules in the order of seniority by classifi cation.

SECTION 7.5 WORKING WEEK AND SHIFT SCHEDULING

The workweek shall consist of five (5) consecutive days within any consecutive seven (7) day period.

For the purpose of establishing a standard pay period, the week shall start at 12:00 a.m. Sunday and end l2:00 a.m. on the following Saturday

The workday shall consist of a twenty-four (24) hour period beginning at 12:00 midnighq and regular days'work shall consist of eight (8) consecutive hours, exclusive of meal periods.

Employees shall be permitted two (2) rest periods of fifteen (15) minutes each during the workday.

The employees in the Food Service job classifications andlor assigned shifts shall be allowed (but are not required to take) a sixty (60) minute meal period.

The Company retains the exclusive right to set the hours and schedules of work, including the number, amount and timing for work shifts. The Company may revise or reschedule work shifts at any time subject to the terms of this Article set forth below.

Within five (5) business days from the ratification of this agreement, and at least once ayear thereafter, the employer shall post work schedules for all job classifications identified in Attachment A to this agreement. Where the work schedule in any job classification contains different shifts or non-standard work weeks (i.e. weekend shifts) all work schedules in each classification shall be bid for by employees on a seniority basis.

Once work schedules are selected by the employees on the basis of seniority, those shifts shall be permanently assigned provided however that all personnel may be subject to having shifts temporarily changed to the staffrng needs of employer. Once the shifu are assigned, the Union shall be fumished a copy of the shift schedule. If there is a need for shifts to be temporarily changed, the Union shall be e-mailed of the temporary change. Employees may not trade or change shifts or work days without prior written approval ofthe Project Manager.

If at any time during the term of this Agreement the Company makes changes as required by the U.S.

Govemment to the work schedule of any job classification, the new work schedule must be re-bid on a seniority basis prior to implementation by the Company. The Company shall make all reasonable efforts to provide employees with as much notice as possible of any anticipated work schedule or shift change but in no case shall such notice be less than two (2) weeks.

All work job schedules shall be posted by employer on the Company bulletin board and specify names, days off, beginning and off-duty hours and a copy will be provided to the steward.

Vacation and holiday seniority

Vacations and holiday schedules shall be developed for each classification based on seniority Employees may not cross classifications for either vacation or holiday schedules.

The company shall seek volunteers to work on the covered holidays, should- insufficient numbers of employees fail to volunteer within a classification the company shall assign employees to the schedule in inverse order of seniority.

ARTICLE 8

HEALTH AND WELX'ARE

The company will pay $5.30 per hour up to 40 hours per week to each eligible employee as cash in lieu of benefits for health and welfare insurance in their bi-weekly payroll. This rate will increase to $5.45 at the first full pay period in May of 2022 and againto $5.60 at the start ofthe first full pay period in May of 2023.

Upon request the Union is able to reopen the collective bargaining agreement prior to May l, 2020 to discuss an increase to the Health and Welfare amount on or around that date. The reopener will be effective for Health and

Welfare and Wage rates unless otherwise agreed to by the parties in writing. Article 15 of this Agreement will remain in effect even if the Union elects to exercise the reopener.

The Company will offer a health insurance plan to employees that are compliant with the requirements of the Affordable Care Act ("ACA"). Employees will be able to purchase coverage utilizing their H&W amounts.

Costs of insurance in excess or their H&W allocation will be deducted from their wages. If the employee does not elect coverage or chooses a coverage level that is less than their H&W accumulation, they will receive any excess monies directly in their paycheck. The Company will be able to take necessary steps including requiring documentation to establish that it has complied with its obligations under the ACA. In the event that the methods

PAGE I8

utilized in the agreement do not fulfill the employers obligations under the ACA the parties will meet to negotiate changes as needed.

ARTICLE 9

401(K) PLAN

Employees will be allowed to participate in the employers 40lK program. To the extent permitted by law the employees may contribute up to twenty-five Q5%) of their gross wages and the employer will match employee contributions up to 4%o of gross wages.

I

ARTICLE 10

HOLIDAYS

SECTION 10.1 HOLIDAYS DEFINED

The following holidays with pay shall be granted:

New Year's Day Martin Luther King's Birthday

President's Day Memorial Day.

Independence Day Labor Day

Columbus Day Veterans'Day

Thanksgiving Day Christmas Day

Full-time employees who have at least fotty (40) actual days worked since hire or rehire shall be granted three (3) floating holidays each January lo. Floating holidays must be used during the year in which they are eamed and cannot be carried over from one (1) year to another. If an eligible employee does not use that employees floating holidays in the year in which they are eamed that employee shall receive two (2) extra days of holiday pay (eight (8) hours of straight time pay for each day) in the by January 31. Floating holidays may be liquidated in conjunction with a vacation period and may be requested at the time of the annual vacation selection under Article 10. Request to liquidate the Floating Holiday other than in conjunction with a vacation period as specified above may be granted based on the requirements of the service and be processed in the same manner as vacation selection.

The holidays listed above, affected by the Federal Monday Holiday Act, will be celebrated in accordance with the date specified thereby. If a holiday falls within the employee's paid vacation period, the employee will receive eight (8) houn of holiday pay instead of vacation pay and will not have a vacation day deducted from the employees accrued vacation banh where a holiday falls on an employee's scheduled day ofi the employee will be paid holiday pay for that day.

Where the Krome Service Processing Center is dosed by the order of the U.S. Govemmen! an Act of Congress of the United Stags or by proclamation of the President of the United States, and Employer is paid for its employees' time for that day, all employees who are unable to work due to the facilities closure will be paid eight (8) hours of straight time for the day of missed work. Employees, who are required to work on such a day, are only entitled to be paid for actual hours worked. Any employee who works less than eight hours on such a day shall be paid for eight (8) hours of straighttime.

Holidays shall be paid at eight (8) hours for each holiday. Any employee that was scheduled to work on a holiday and calls out of work without providing a bona fide excuse for their absence will not be entitled to holiday pay.

Any employee required to work eight (8) hours or more on Thanksgiving or Christnas Day shall be entitled to receive hardshippay of trrro and one half (2 l/2) times ttre employees regular rate as full compensation for such holiday worked. If an employee is called in to work on Thanksgiving or Christrnas Day for less than eight (8) hours, he shall be paid one and one-half (l-ll2) times his hourly rate for each hour worked with a minimum of four (4) hours in addition to eight (8) hours straight time pay for the holiday.

Wherc regularly scheduled shifls commence between 10:00 p.m. but prior to 12:00 midnight, the shift commencing on the holiday eve shall be considerod as the holiday forthe purpose ofdetermining; the day to .be observed.

ARTICLE 11

VACATIONS

SECTION 11.1 VACATION ALLOWANCE

Vacation will be scheduled in accordance with manpower and staffing needs. The Company however, will aflord those employees who have eamed more than two (2) weeks' vacation the opportunity to take two (2) consecutive weeks' vacation one (l) time per vacation year. Only one (l) person from each group classification can take the two (2) consecutive weeks' vacation at a time. All other vacation time shall be taken at one (l) week intervals or less.

Single day vacations will be submitted to the department manager and approval will not unreasonably be denied. Requests and approval will be on a first-come first-served basis.

Effective with the first pay period after ratification of the Agreement, full-time employees shall accrue vacation leave as described below. Employees on the active payroll and in a pay status shall be entitled to a vacation leave credit based on their length of service. An employee is in pay status when he performs compensable work or receives paid leave during a pay period. An employee who is receiving workers compensation benefits will not be considered in pay status, for purposes of earning vacation leave.

Beginning length of service up to 5h anniversary:

3.077 hours of leave per bi-weekly pay period up to a maximum of 2 weeks per employment year.

5th annivenary up to 10ft anniversary:

4.61 hours of leave per bi-weekly pay period up to a maximum of 3 weeks per employment year.

10m anniversary up to I 5ft anniversary:

6. I 53 hours of leave per bi-weekly pay period up to a maximum of 4 weeks per employment year.

l5n anniversary or more:

7.692hotrs of leave per bi-weekly pay period up to a maximum of 5 weeks per employment yeat.

Vacation Starts accruing upon date of hire and is amount accrued is not available for use until after the

(60) sixty day probationary period is completed.

Length of service includes the whole span of continuous service with the Company, predecessors and successors, as provided for in the Service Contract Act, as amended.

Time spent on Military leave of absence shall be considered length of service for the purposes of employee eligibility for vacation.

Vacation periods shall be available for selection from November lo to December 15ft of each year for vacation to be liquidated and used in the next year (i.e. 1 l/l to 12ll5ll 1 selection for vacation to be used in 2012). The company will post the awarded vacations for the following year by December 30n. Vacations will be awarded by seniority. Any open vacation time shall be awarded on a first come first serve basis.

Once a vacation has been granted, it will not be changed without the mutual consent of the employee and the Company.

If an employee has unused accrued vacation leave remaining on their anniversary date, up to forty (40) hours will automatically be carried over into the next year to allow staff to take leave in future years.

Any Uunused vacation time, in excess of forty (40) hours, shall be paid out in the first pay period following the employee's anniversary year.

Upon termination, for any reason, employee will be paid for all unused and accrued vacation.

ARTICLE 12

LEAVES OF ABSENCE

SECTION 12.1 SICK LEAVE

Effective with the-first pay period after ratification of this Agreement, full-time employees shall accrue sick leave as described below.

Employees on the active payroll and in a pay status shalt be entitled to a sick leave credit up to seven (7) days per year accrued (2.15 hours per pay period) per pay period ifthey are actively in pay status (accruing). An employee is in pay status when he performs compensable work or receives paid leave during such pay period.