Exhibit J CBA.pdf

AGREEMENT

Between

NUGATE GROUP, LLC

AND

TEAMSTERS LOCAL UNION 445

Contract #W81K04-14-D-0002

Effective: February 28, 2019

Expiring: December 31, 2022

TABLE OF CONTENTS

ARTICLE PAGE

Article I – Union Recognition

Article II – Union Security and Membership

Article III – Equal Opportunity

Article IV – Access to Unit

Article V – Probationary Period

Article VI – Seniority

Article VII – Discipline or Discharge

Article VIII – Grievance Procedure

Article IX – Arbitration

Article X – Reserved Military Leave

Article XI – Successors and Assigns

Article XII – Bereavement Leave

Article XIII – Jury Duty Pay

Article XIV – Leave without Pay

Article XV – Bulletin Board

Article XVI – Shop Stewards

Article XVII – Workday and Workweek

Article XVIII – Layoff and Recall

Article XIX – Paid Time Off

Article XX – Holidays

Article XXI – Sick Leave

Article XXII – Management Rights

Article XXIII – No Strike, No Lockout

Article XXIV – Government Requirements

Article XXV – General

Article XXVI – Compensation

Article XXVII – Benefits

Article XXVIII – Informational Meetings

Article XXIX – Overtime

Article XXX – Pay Schedule

Article XXXI – On the Job Injuries

Article XXXII – Company Vehicle

Article XXXIII – Duration

Signature Page

Addendum A

AGREEMENT

THIS AGREEMENT is entered into by and between NuGate Group, LLC, hereinafter referred to as NGG or the “Company” and TEAMSTERS LOCAL UNION 445, hereinafter referred to as the

“Union,” as representative of all its non-supervisory employees referred to in Article I at Keller

Army Community Hospital (KACH) at West Point, hereinafter referred to as the “Base,” in the mutual interests of the employees and the Company to promote and further efficiency and economy of operations, to provide orderly collective bargaining relations, a method for prompt and equitable disposition of grievances, and a method for the establishment of fair wages, hours and working conditions for the employees covered hereunder. In making this Agreement, it is recognized to be the duty of Parties to cooperate fully with each other, both individually and collectively, for the advancement of the purpose of this Agreement.

ARTICLE I – UNION RECOGNITION

Section A.

The Company hereby recognizes the Union as the sole bargaining agent for all full-time and part-time housekeeping aides and floor techs, with the exception of salaried and management employees, employed by the Company at West Point Keller Memorial Hospital, hereinafter referred to as the “Base.”

Section B.

Whenever the words “employee” or “employees” are used in this Agreement, they designate only such employees as are covered by this Agreement. Whenever in this Agreement employees or jobs are referred to in the male gender, it will be recognized as referring to both male and female employees.

Section C.

It is understood by this section that the Company may contract out or subcontract work which is not normally performed by the bargaining unit employees, but that the parties hereto shall not use any leasing or subcontracting device to evade the terms of this Agreement. The Company agrees to meet and give the Union a chance to give input and discuss any changes that would adversely affect employment of existing employees caused by subcontracting work which is not normally performed by the bargaining unit employees. The Company shall give a copy of this Agreement and any amendment hereto to the Contracting Officer at the Base. Non-bargaining unit employees may perform bargaining unit work with the understanding that such work shall not cause bargaining unit employees to be laid off or to be kept on layoff or denied a promotion.

ARTICLE II – UNION SECURITY AND MEMBERSHIP

It shall be a condition of continued employment that all employees of the Company covered by this Agreement, who are not members on the effective date of this Agreement, shall on or after the thirtieth (30th) day following the effective date of this Agreement or execution date, whichever comes later, becomes and remain members in good standing of the Union. Membership as used herein shall mean only the obligation of the employee to pay seasonal dues and initiation fees uniformly required, or in the event that the employee objects to full dues and initiation fees, only the obligation to pay seasonal dues and initiation fees related to representational costs. The effective date of this clause shall be the date of execution, or the effective date of this Agreement.

Good standing for the purpose of this Agreement shall mean and be designated as the timely payment of the regular dues and initiation fees uniformly required of all members.

The Union agrees that it will not require the Company to take action against any employee who is not in “good standing” without at least seven (7) days notice, during which time the employee shall have an opportunity to restore himself or herself to “good standing.” Should the Company terminate an employee for failure to maintain “good standing,” said employee will not be reemployed until the employee has paid or tendered to the Union any such initiation fees, re-initiation fees or dues accrued to the date of termination.

The Company will deduct from the wages of any employee covered by this Agreement said employee’s dues as a member of the Union upon receiving the employee’s voluntary and individual written authorization for the company to make such deductions, signed by the employee.

Such employee payroll authorizations shall be provided by the Union. The Company will remit the wages withheld for such initiation fees and dues. The remittance shall be accompanied by a list showing individual names, social security numbers, date hired, and amounts deducted. The total remittances are to be made prior to the end of the month following the month from which the deduction is made. The Union shall advise the Company of the amount of initiation fees and dues and the manner in which same shall be deducted. The amount so withheld, less any amounts due to any improper withholding, shall be reported and paid to the Union as stated above.

Payment for membership dues shall not be required as a condition of employment during leaves of absence without pay in excess of thirty (30) days or during periods of permanent transfer to a classification not covered by this Agreement, provided the employee completes a Withdrawal Card from the Union.

Section D.

The Company will make available to the Union a list of newly hired and terminated employees covered by this Agreement. Such list will be prepared monthly and will show the name, social security number, job classifications and hire or termination date of such employees who were hired and terminated during the month for which the list is prepared. This list shall be made available to the shop steward.

On call employees that work an average of sixteen (16) hours per week or more, averaged over at least a three (3) month period, shall have the opportunity to become bargaining unit members.

Section E.

The Company shall be judge of the qualifications of its employees.

Section F.

The Union agrees to indemnify and save the Company harmless against any claim, suits, judgment or liabilities of any sort whatsoever arising out of the Company’s compliance with the provisions of this Union Security and Membership Article.

ARTICLE III – EQUAL OPPORTUNITY

In accordance with the established policy of the Company and the Union, the provisions of the

Agreement will apply equally to all employees hereunder regardless of sex, sexual orientation, color, age, race, creed or national origin. The Company and the Union also recognizes the desirability of implementing the national policy of providing equal opportunity to all persons and agree to work actively toward the implementation of that policy.

There will be no discrimination against any employee on account of membership in, or proper activity on behalf of, the Union.

ARTICLE IV – ACCESS TO UNIT

Duly authorized representatives of the Union shall be permitted to investigate the standing of all employees and investigate conditions to see that the Agreement is being enforced, provided that no interview or investigation unreasonably interrupts the duties of any employee or the Company’s operations. The Union representative will provide the Company with Sufficient Notice of Meeting between the Union reps and employees and obtain pre-approval by the Company so as not to disrupt workflow as scheduled by the on-site manager. The Company shall be notified by the

Union representative before he shall take action with the person involved. The representative of the Union shall contact the Assigned Project Manager or Company representative at the facility and inform him of his presence. The Company Representative and the Union Representatives shall conduct themselves in such manner as to carry out the intent and spirit of this section.

ARTICLE V – PROBATIONARY PERIOD

Every new or rehired employee shall be on probation for the first ninety (90) days of employment or reemployment.

During the probationary period, an employee may be discharged for any reason, and any such employee so discharged shall not have the right to file a grievance or have other recourse through the grievance procedure.

ARTICLE VI – SENIORITY

The Company defines seniority as an employee’s length of service from his or her date of hire at the Base with the Company or a predecessor employer engaged in providing similar services at the Base. The ordinary rules of seniority shall prevail where skill, effort and ability are relatively equal. In the case of promotion of employees or in the case of increase or decreases of the work force, seniority as defined in this section shall govern, provided the ordinary rules of fitness for the work shall also apply and taking into consideration the employee’s skill, effort and ability to perform the work required.

In cases of promotion, an employee shall be on probation for the first ninety (90) days in any new classification to demonstrate his/her ability to perform the job. At any time during such probationary period, the Company may return the employee to the employee’s former position.

The Company will submit to the Union, on a periodic basis, the total hours worked on a daily basis by each individual member of the bargaining unit employees.

Seniority shall have no bearing in the promotion of employees to management positions.

Except as otherwise provided in Section A of this Article, seniority shall be measured from the date of the employee’s initial hire at the Base with the Company or a predecessor employer engaged in providing similar serves at the Base, provided there has been no break in seniority under Section C of this Article.

An employee shall lose his seniority upon his retirement, resignation or discharge for just case. An employee will be considered to have resigned if he:

(1) fails to report to work on the day following expiration of an authorized leave of absence, unless failure to report is due to conditions recognized by the Company to be beyond the control of the employee and he reported such conditions immediately unless circumstances beyond the employee’s control prohibit otherwise;

(2) is on layoff for a period exceeding one (1) year;

(3) is absent from work for two (2) or more consecutive workdays without properly notifying the Company of the reason for such absence and such failure to notify is beyond the control of the employee; or in any event, fails to report for work as scheduled without such reason;

(4) fails, while on layoff, upon notice from the Company that regularly scheduled work is available, to report to the Company for work as soon as practicable, but not later than three

(3) workdays, and provided that the employee notifies the Company within three (3) days of such notice that he will return to work within a seven (7) day period or fails to respond to three (3) intermittent calls to return for work.

The Company fulfills its obligations under this subsection (4) by sending notice by telegram or by certified letter to the last known address of the employee. It is the obligation of the employee to keep the Company informed of his current address and telephone number.

An employee who has occupied a position with the Company covered by this Agreement and who accepts a position with the Company in a classification not covered by this Agreement will continue to accrue seniority for nine (9) months, after which period he shall retain his accumulated seniority, provided he remains employed by the Company. Further Seniority language is provided in Article XXI and Addendum A.

ARTICLE VII – DISCIPLINE OR DISCHARGE

Except as otherwise provided in this Agreement, no employee shall be disciplined or discharged without just cause and all disciplines and discharges will be subject to the grievance procedure and arbitration clause. All work violation notices and discharge notices shall be in writing and shall be signed by the Project Manager or his/her designee. Copies of the work violation notice or discharge notice shall be provided directly to the employee reprimanded. The Union rep will be sent copies of the applicable disciplinary documents at the arbitration stage. The Company will administer its progressive disciplinary action process in compliance with its policy. Serious offenses such as theft, insubordination, disrespect toward Government or Company representatives, misuse of

Government or Company property, neglect of duty, failure to properly perform work assigned, sleeping on the job, falsification of time records, serious safety violations, no call/no show, intoxication on the job, fighting on the job, possession and/or distribution of alcohol or drugs at the facility, loss of ability to access the facility or portions of the facility necessary to perform the assignment, and sexual or other illegal harassment may result in immediate dismissal regardless of the number of prior reprimands. This aforementioned list is not exhaustive. Inappropriate behavior will be grounds for escalated progressive discipline at the discretion of the Company.

Employees will receive a 6 minute grace period for tardiness before disciplinary action is considered.

Snow Removal is currently required by the statement of work. Unless abused, employees will not be disciplined for being unavailable during non-regular shifts. Employees will be required as needed to do snow removal during their regular shifts. Employees may ask non-bargaining unit on call employees to work for them during weekend work, holiday work and snow removal. However, the Company has full discretion to authorize or deny the change in schedule.

The Company will make best efforts to provide any positive comments from the customer to the relevant employee.

ARTICLE VIII – GRIEVANCE PROCEDURE

Complaints

Employees and/or the Union representative are encouraged to engage in informal discussions with

Management to attempt settlement or prevent problems prior to the written “grievance” being filed.

A “grievance” is hereby defined as a claimed violation or noncompliance with the provisions of this Agreement.

Presentation of Grievance

All grievances shall be presented in writing no later than ten (10) working days after the occurrence/event upon which the grievance is based. Written grievances shall set forth: the facts giving rise to the grievance; the provision of the Agreement alleged to have been violated; the names of the aggrieved employee(s); and the remedy sought. All written grievances shall be signed by the aggrieved employee and the Chief Steward or the Union if filed on behalf of aggrieved employee(s). All grievances shall be presented to the Project Manager or his authorized designee.

Grievance Steps

Step 1: Within five (5) working days after the Company receives the written grievance, it shall hold a meeting between the aggrieved employee, the Chief Steward and the immediate supervisor or designee of the aggrieved employee. Within five (5) working days of completion of the Step 1 meeting, the Company shall respond in writing to the employee and the shop steward. If the written

Step 1 response is not satisfactory to the aggrieved employee, the employee may advance the grievance Step 2, provided written notification of such advancement is provided to the Company within five (5) working days of receipt of the Company within five (5) working day of receipt of the Company’s Step 1 response.

Step 2: Within five (5) working days after the grievance is advanced to Step 2 and provided to the

Project Manager, the aggrieved employee, the Chief Steward and the Project Manager shall meet to discuss the grievance. Within five (5) working days after completion of the Step 2 meeting, the

Company shall respond in writing to the employee and the Chief Steward. If the written Step 2 response is not satisfactory to the aggrieved employee, the grievance may be advanced to Step 3, provided written notification of such advancement is provided to the Company within five (5) working days of receipt of the Company’s Step 2 response. A grievance initiated by the Union and not by a particular employee shall commence at this Step.

Step 3: Within five (5) working days after the grievance is advanced to Step 3 and presented to the

Project Manager, the Union Business Representative and the Company’s Management team shall discuss the grievance. Within five (5) working days of completion of the Step 3 meeting, the

Company shall respond, in writing, to the employee and the designated Union representative. If the written Step 3 response is not satisfactory to the aggrieved employee, the grievance may be advanced to arbitration.

Other Considerations: No grievance shall be accepted by the Company unless it is submitted or appealed within the time limits set forth within this Article. By written, mutual consent of the

Union and Company Vice President of Human Resources or designee, the time limits for any Step may be extended. For purposes of this Article “working days” do not include Saturdays, Sundays and holidays as designated in this Agreement.

ARTICLE IX – ARBITRATION

Within ten (10) working days after the filing of the notice of the intent to submit any unsettled grievances to arbitration, the parties shall attempt to mutually select an impartial arbitrator. If the parities are unable to agree within five (5) working days of that meeting upon the choice of an arbitrator they shall request the Federal Mediation and Conciliation Service to submit a list of seven (7) persons qualified to act as the impartial arbitrator. A representative of the Company and a representative of the Union shall meet within the five (5) working days of the receipt of the list and shall alternately strike one (1) name from the list, the party to strike first to be the party submitting the grievance to arbitration. The seventh remaining person shall thereupon be selected as the impartial arbitrator.

The parties shall enter into a submission agreement, which shall clearly state the arbitrable issue or issues to be decided. If the parties are unable to agree on a joint statement of the arbitrable issue or issues to be decided by the arbitrator, the submission shall contain the written grievance and the disposition of the same with the notation that the parties could not agree upon a submission agreement.

During the hearing, each party shall have full opportunity to present evidence and argument, both oral and documentary. The impartial arbitrator will render his findings and award in writing within thirty (30) calendar days after the conclusion of the hearing. The decision of the impartial arbitrator shall be final and binding. The impartial arbitrator shall have no authority to modify, amend, revise, add to or subtract from any of the terms or conditions of this Agreement.

The fees of the arbitrator and necessary expenses of any arbitration proceeding shall be borne equally by the Company and the Union, except that each party shall pay the fees of its own counsel or representative. If an employee witness is called by the Company, the Company will reimburse him for time lost at his regular straight time base rate.

ARTICLE X – RESERVED MILITARY LEAVE

Employees who are members of the active reserve services of the United States Armed Forces and who are ordered to perform annual training duty of no more than two (2) weeks duration as

Training Duty Reservists shall be paid the difference between the pay received from Armed Forces for such training duty and their regular hourly rate of pay, exclusive of all premiums, for the number of hours in their regular shift; provided that such employees, in order to be eligible for such pay, must furnish to their supervisors written certification from their Commanding Officers attesting to the performance and days of such service.

Under exception circumstance (national emergency, time of war) military leave may be extended.

However, wages will only be allowed for a total of two (2) weeks of military leave, as stated above.

ARTICLE XI – SUCCESSORS AND ASSIGNS

The terms and conditions of this Agreement shall be binding on any and all successors and assigns of the Company, whether by sale, transfer, merger, acquisition, consolidation, or otherwise. The

Company shall make substantial efforts to ensure that as a condition of transfer that the successors or assigns will be bound by the terms of this Agreement, and shall notify the Union before the parties have concluded their transaction.

ARTICLE XII – BEREAVEMENT LEAVE

Each employee will receive up to 3 days of paid leave annually for bereavement leave due to the loss of immediate family members (the immediate family being current spouse, parent/legal guardian, brother, sister, children, stepchildren, grandchildren, grandparents and/or stepparents).

NGG will be reasonable and consider rare and exceptional circumstances for approval as well.

Approval is contingent upon substantial supporting documentation.

ARTICLE XIII – JURY DUTY PAY

If an employee is called for jury duty, they must immediately provide notice to the Company for scheduling of on-call employees to cover the necessary shifts. The Company may not penalize or fire the employee for participating in the jury service process. The Company will pay the difference between the jury duty pay received by the employee from the court and his/her regular hourly rate of pay, exclusive of all premiums, for the number of hours in his/her regular shift up to a maximum of 40 hours in each year; provided that the employee, in order to be eligible for jury duty pay, must furnish to his/her supervisors written certification from the court in question attesting to the need for leave to participate in jury service as well as a certification from the court in question attesting to the amount of time spent on jury service. This only applies to normal scheduled time missed due to actual time spent on jury duty service.

ARTICLE XIV – LEAVE WITHOUT PAY

Leaves of Absences up to ninety (90) days may also be granted for other miscellaneous reasons, at the sole and exclusive discretion of the Company. Application by the employee for such approved absence shall be made in writing to his/her immediate supervisor with a minimum of four (4) weeks’ notice for non-emergencies. The granting of leave shall be at the sole discretion of the Company, and denial of any leave request shall not be subject to the grievance procedure set forth in this Agreement.

No compensation of any kind shall be paid to an employee during any leave approved under this

Article. During such leave, the employee’s seniority shall accumulate. Employees on leave without pay are not eligible for any benefits including but not limited to PTO, sick time, and holidays except as required by law or except as otherwise specifically provided for in this Agreement.

Such leave may be extended beyond the ninety (90) day period at the sole discretion of the

Company. If the leave is extended beyond the ninety (90) day period, the employee will regain but not accrue seniority. Acceptance of gainful employment while on leave of absence, except if approved in writing by the Project Manager, shall be just cause for termination.

Failure to return from a leave of absence on the date specified, unless prior approval of the Project

Manager has been obtained, shall be just cause for discharge.

ARTICLE XV – BULLETIN BOARD

The Company will provide reasonable space for a Union bulletin board. The bulletin board will be restricted to notices of legitimate Union business.

No employee may post or publish any notice, information or statements on the bulletin board critical of, or which in any way defame or hold the Union, the Company, its services, its officers, supervisors or employees up to scorn or ridicule.

ARTICLE XVI – SHOP STEWARDS

The Company recognizes the Union’s right to appoints stewards of its own choice and the Union agrees to keep the Company informed in writing as to the identify of the steward. The Union agrees to name one (1) steward and one (1) alternative steward per shift.

If the steward must perform his duties in connection with the investigation and presentation of grievances or collective bargaining during working hours, he/she shall be permitted to do so to the extent reasonable without loss of pay after he/she first notifies and obtains permission from management and has been properly relieved. Such permission shall not be unreasonable withheld and the steward in such instances shall make every effort to return to work as soon as possible.

The steward will attempt to minimize the amount of time needed to perform his or her union related duties and under no circumstances may the steward leave his or her job assignment during peak or rush periods.

ARTICLE XVII – WORK DAY AND WORKWEEK

Employees will be paid time for all hours worked in accordance with applicable state and federal law. The regular workweek of KACH is determined by a Sunday – Saturday schedule. The

Company will attempt in good faith to employ full-time employees in its operations and maintain full-time staffing levels at 75%, where efficient and practicable, as determined by the Company.

It is understood, however, that the foregoing does not in any way limit, restrict, qualify, or condition any of the management rights vested in the Company as provided for in this Agreement.

Breaks

A ten (10) minute paid break period will be provided during each half of a shift which is scheduled for at least six (6) hours. And additional ten (10) minute paid break period will be provided when overtime of two (2) hours or more is to be worked as a shift extension. Employees working shifts lasting longer than six (6) consecutive hours will be allowed a 30 minute unpaid meal period.

Those working four (4) hour shifts will receive one (1) 15 minute break per shift. Company will make reasonable requests to customer for site break room and coat room for employees.

Call-In

Unless otherwise notified by the Company at least one (1) hour prior to his/her scheduled start time of the fact that he/she is not needed for work, any employee who reports to work at his/her regular specified start time shall be guaranteed two (2) hours work at their straight-time regular rate of pay unless they absent themselves from work of their own volition or decline other work assignments. This provision shall not be effective in the event operations are disrupted by an event which is caused by the effects of nature or natural causes, government requirements, or other events outside of Company control.

ARTICLE XVIII – LAYOFF AND RECALL

In the matter of layoffs and recall, the employee having the least seniority within a job classification shall be the first to be laid off, provided that the person(s) with more seniority have the qualifications to perform the duties of the job being vacated. This procedure will continue in order of least seniority as a layoff is required. Recall shall be based on seniority from initial hire date at the Base with the Company or predecessor employer at KACH West Point, with the most senior qualified employee within the job classification being recalled first. In all cases of layoff, the Company will notify the Union and the employee as soon as practicable prior to any reduction in force.

Recall rights are a follows:

(1) An employee with one year or less of seniority with the Company maintains recall rights for a number of months equal to the number of months of seniority with the Company (i.e.

employee with seven (7) months seniority with the Company at the time of layoff maintains seven (7) months recall rights.)

(2) An employee with more than one year of seniority with the Company maintains recall rights for a period of eighteen (18) months.

ARTICLE XIX – PAID TIME OFF

Each employee of the Company who has been continuously employed at the Base and is covered by this Agreement shall receive paid time off, as follows:

Years of Service Credit Paid Time Off

1 – 4 Years of Service a maximum of 88 hours per year

5 – 10 Years of Service a maximum of 128 hours per year

10 or more Years of Service a maximum of 168 hours per year

Management has sole discretion for all PTO approval.

Up to forty (40) hours of the annual PTO balance will be allowed to roll over to the next year for one hundred and fifty (150) days beyond the employee’s anniversary date. Any other remaining

PTO balance will be lost and will not be paid out.

Vesting of paid time off (PTO) for employees shall occur on their anniversary date of hire at the

Base with the Company or predecessor employer engaged in providing similar services at the Base.

Paid Time Off shall not be paid or earned during a period of layoff or leave of absence. PTO shall be figured on the basis of the employees’ regularly scheduled hours for the Company (which shall include all hours in pay status, e.g. holidays and overtime), not to exceed a 12-month period computed as a percentage based on 2080 hours a year.

Employees are not eligible to utilize Paid Time Off until it is accrued. At that point, employees are eligible to utilize the accrued PTO, as it is available to them. PTO is accrued and available on a pay period basis, beginning on their anniversary date after 12 months of service. An employee may only take vacation for the PTO time that has already accrued for the year-to-date and may request to use their entire PTO balance at one time (such requests shall not be unreasonably denied). PTO accrual rates are based on number of days allowed per year for the employee. For example, a full time employee eligible for 88 hours of PTO accrues PTO at 3.67 hours per pay period. 3.67 hours x 24 ppd = 88 hours per year.

Pay for the PTO will be paid at the time that the pay for hours worked for the pay period in which the PTO was taken (or would have worked in the case that the entire pay period is taken as PTO).

Employees are not permitted to borrow against future accrual PTO. Employees may scheduled their PTO days in advance to coincide with the efficiency of the operation of the Company. Should conflict in scheduling arise, Rolling Seniority will prevail. Employees MUST schedule their PTO days in advance. Part-time workers will receive paid time off proportionately based upon the wage determination and the amount of hours they work.

Available PTO balances will be printed on a monthly report and made available to employees.

Vested PTO (or sick leave if PTO is exhausted) may be used for weather emergencies only when the Company has a sufficient number of employees reporting to work in order to satisfy its obligations as essential personnel under its contract with the Government, as determined by the

Company.

Vested PTO balances shall be paid to employees upon termination of employment.

ARTICLE XX – HOLIDAYS

The following eleven (11) days are agreed to be holidays for the purpose of this Agreement:

New Year’s Day Labor Day

Martin Luther King’s Birthday Columbus Day

President’s Day Veteran’s Day

Memorial Day Thanksgiving Day

Independence Day Floating Holiday

Christmas Day

President’s Day is assumed to be George Washington’s Birthday. Holidays will be celebrated the same day as by the federal government at the Base, as the contract will be implemented on a federal government installation.

Employees shall be paid for the holiday in the following manner: Employees shall be paid for holiday based on the fraction of a full-time schedule (40 hours) for which the employee is regularly scheduled to work per week bears to forty (40) hours, which shall then be applied to eight (8) hours per day to determine the number of paid hours said employee is entitled to receive. For example, if any employee has been regularly scheduled for 30 hours per week, his holiday pay would be

(30/40) of eight (8) hours (i.e. six hours) times his regular rate of pay.

Any employee who is absent without an acceptable excuse on his scheduled workdays immediately preceding or following the holiday shall forfeit his right to be paid for such holiday. If an employee is prevented from working on the scheduled workdays immediately preceding and following the holiday because of illness attested to by a physician or death in his immediate family, such fact shall constitute an acceptable excuse. (The immediate family being current spouse, parent/legal guardian, brother, sister, children, stepchildren, grandchildren, grandparents and/or stepparents).

An eligible employee required to work on the day observed as a holiday shall receive his straight time rate of pay plus the holiday pay. An employee who is required to work on the date observed as a holiday and who does not report to work shall not receive the benefits under this Article.

If a holiday is observed during a scheduled PTO day, the employee will receive holiday pay and will not use or be assessed PTO.

The Company only provides for paid holidays that are authorized by the Contract for which they were awarded. All other hospital training holidays or specific Base scheduled holidays will not be paid as “Paid Holidays” by the Company. Employees will be paid regular time for the hours they work on those days. If an employee does not work, but was regularly scheduled, on a Base specific honored holiday for which the Company does not reimburse, the employee will take that day as unpaid time off, or can use accrued PTO time for payment of hours that day.

Rolling Seniority will be the determining factor in deciding who will receive the holiday off when the demand for time off on the holiday exceeds the supply of workers.

ARTICLE XXI – SICK LEAVE

The Company will provide employees with 1 hour of paid sick leave for every 30 hours they work, up to a maximum of 56 hours of paid sick leave each accrual year. The accrual year is a 12-month period beginning on January 1. Employee will carryover paid sick leave from one accrual year to the next (up to 56 hours). However, the total amount of paid sick leave employees are permitted to have available for use at any point is limited to a maximum of 56 hours. Accordingly, even if an employee has accrued fewer than 56 hours of paid sick leave since the beginning of the accrual year, the employee is only permitted to accrue additional paid sick leave if the employee has fewer than 56 hours of paid sick leave available for use. The Company will account for an employee’s use of paid sick leave in increments of 1 hour. Employees will not be paid for unused paid sick leave under any circumstance, including upon a separation from employment.

Employees must make a reasonable effort to schedule preventive care or another foreseeable need to use paid sick leave so as to not disrupt unduly the Company's operations. If the need for leave is foreseeable, the employee's request shall be made at least 7 calendar days in advance. Employees will be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is the victim of, domestic violence, sexual assault, or stalking.

ARTICLE XXII – MANAGEMENT RIGHTS

The Company retains certain rights, powers, and responsibilities which are exclusively vested in the Company except only as they may be subject to specific and express obligations of this

Agreement. Among these rights, powers and responsibilities, but not wholly inclusive, are all matters concerning or related to the management and administration of the business, and the direction of the working forces, including (but not limited to) the right to discipline, suspend or discharge for just cause; to lay off for lack of work or for any other legitimate reason; to hire, classify, transfer, assign work, promote or demote; to make and enforce reasonable rules and regulations, including reasonable suspicion and post accident drug and alcohol testing procedures;

to determine the starting and quitting time and the number of hours to be worked; to determine the products, processes and extent of the business or production, the types and quantities of machinery, equipment and materials to be used, the nature, extent, duration, character and method of operation including the right to contract out or subcontract work which is not normally performed by the bargaining unit employees; the right to determine the number, utilization and kind of personnel and quality of work required to ensure maximum mobility, flexibility and efficiency of operations;

to establish and enforce fair production standards, which includes quantity and quality of the work;

and to determine the size, number and location of its facilities; all of which are vested exclusively in the Company and all rights not specifically relinquished by the Company in this Agreement shall remain the Company’s.

ARTICLE XXIII – NO STRIKE, NO LOCKOUT

During the term of this Agreement, the Union shall not authorize, cause, engage in, sanction or assist in any work stoppage, strike or slowdown of operations.

During the term of this Agreement, the Company shall not cause, permit or engage in any lockout of its employees.

The Company reserves the right to discharge or otherwise discipline any employee taking part in any violation of this provision of the Agreement.

ARTICLE XXIV – GOVERNMENT REQUIREMENTS

The Union agrees to cooperate with the Company in all matters required by the United States

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

For the avoidance of doubt, the terms of this Article expressly apply to, without limitation, all rules, regulations, mandates and other requirements imposed by the Affordable Care Act.

ARTICLE XXV – GENERAL

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

If any provision of this Collective Bargaining Agreement be declared illegal or invalid by a state or federal court or administrative agency, all other provisions of this Agreement shall nevertheless remain valid, subsisting and in full force and effect. In the event of any such invalidation, the parities agree to meet immediately for the purpose of re-negotiation in an attempt to reach agreement on a substitute provision for provisions declared illegal or invalid.

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

Employees entering the service of the Company or at any time thereafter may be required to take a physical examination specified by the Company.

Company payroll records with respect to any employee in the unit whose pay is questioned will be provided upon request of the Union within five (5) working days after the payment of wages for the pay period in question.

ARTICLE XXVI – COMPENSATION

A. Compensation and Health and Welfare Rates are addressed separately in Addendum A attached hereto.

B. When an employee is scheduled to work night or operating room shifts, a shift differential amount shall be paid on an hourly basis as further defined below:

i. An evening and night differential of $1.00 per hour will be paid to all employees covered by this Agreement for the time worked between the hours of 4:00 PM and 6:00 AM

(“Differential Timeframe”). This shall only apply to actual hours worked, not on call, PTO or holiday hours that are not actually worked, and shall only apply when an employee works at least four (4) consecutive hours within the Differential Timeframe, except that on call employees shall be eligible for differential pay for less than four (4) consecutive hours worked between 4 PM and 6 PM.

ii. An operating room differential of $1.00 per hour will be paid to all employees covered by this Agreement for work performed in the operating room. The differential amount does not apply to any other hours worked in other area, PTO or holidays.

C. If required to be present at the site while on call, employees that are on call shall be compensated for at least three (3) hours during their on call duty. However, on call employees must respond to any immediate janitorial needs during their on call time period.

ARTICLE XXVII – BENEFITS

Each employee shall receive health and welfare pay (H&W) as set forth in Addendum A attached hereto. H&W is paid on all PAID hours (i.e. worked, holiday, PTO, sick, etc.) to all Full Time and

Part Time employees, up to a maximum of 40 hours per week.

The Company will pay for employee immunizations, including annual TB testing as well as

Hepatitis B testing, as determined by the New York Department of Health regulations. This does not include annuals physicals.

Employee Uniforms will be provided by the Company in accordance with the Company’s government contract.

The Company may provide training opportunities and cross-training of positions and job duties, on a quarterly basis, and as employee schedules will allow.

The Company agrees to provide Employee of the Quarter recognition with an employee award of

$50 for employees who make exceptional contributions. Company will establish guidelines regarding eligibility and nomination submissions.

Section F.

If an employee’s Family Medical Leave Act (“FMLA”) protection expiries, the Company will make every effort to provide a temporary replacement for the position in an effort to reinstate the employee when possible. The Company will not terminate employees for being unable to work due to the expiration of FMLA protection unless the temporary placement option becomes unreasonable and what is unreasonable shall be determined solely by the Company.

ARTICLE XXVIII – INFORMATIONAL MEETING

The Company will hold employee informational meetings on a seasonal basis as needed.

ARTICLE XXIX – OVERTIME

Overtime pay (1.5 x base rate) is given for any hours worked over 40 during the work week, as in accordance with New York state law. The work week is Sunday – Saturday.

Employee time sheets are based on a weekly schedule, as to clearly show hours & overtime worked each week. For a pay period ending in the middle of a work week, any overtime worked that week will be paid on the second pay period inclusive of that week.

Overtime is not scheduled for employees as a regular course of the Company’s business, nor reimbursed to the Company by the Federal Government. Overtime will only be worked when absolutely necessary, and when no other options are available, or as determined necessary by the

Project Manager. The Project Manager must give prior approval for any and all overtime hours worked.

Employees who work unscheduled hours at the request of the Company will not have their scheduled hours involuntarily reduced to avoid payment of overtime.

ARTICLE XXX – PAY SCHEDULE

Direct Deposit is available to all employees. Employees will be paid twice a month, on the 15th of the month and the last day of the month. This schedule allows for employee direct deposit to be available, as well as to minimize pay errors.

ARTICLE XXXI – ON THE JOB INJURIES

For any employee who suffers from a workplace injury, the employee, as per New York State

Workers Compensation Board statutes, will be covered by the Company Workers Compensation

Policy. The employee must immediately inform the Company of any such injury and fill out the appropriate Workers Compensation Injury and Claim Forms, as provided by the Supervisor.

Medical Reports ARE necessary for any Workers Compensation case.

An employee may return to work on his/her next scheduled shift after the employee presents the

Company with a release from the employee’s physician, clearly indication that the employee is capable of returning to his/her normal work duties without restriction.

Employees shall be responsible for following all safety related policies and procedures. Any concerns regarding equipment safety shall be reported to Company in writing and Company shall investigate safety issues.

ARTICLE XXXII – COMPANY VEHICLE

The Company provides an on-site vehicle for employee use while on the job site to transport supplies and equipment to and from building locations. The Project Manager may deliver supplies and equipment for the employees as needed. Employees should not use their personal vehicles for transportation of supplies and equipment. Company shall provide company vehicle insurance coverage for authorized drivers utilizing vehicles within the scope of their duties related to the performance of contract services unless the actions of the employee are unlawful, grossly negligent or involved unreasonable risk to the employee or others.

Employees are required to report any equipment or vehicle damage to the supervisor immediately.

Failure to do so could result in disciplinary action.

ARTICLE XXXII – DURATION

This AGREEMENT shall become effective upon ratification by the bargaining unit and shall continue in full force and effect through December 31, 2022.

At any time after the expiration date of this Agreement, if no Agreement has been reached, either party may give five (5) workdays’ written notice to the other party of intent to terminate the

Agreement. All provisions of the Agreement shall remain in force and effect until the expiration of such five (5) workdays. During this period attempts to reach agreement shall be continued.

Thereafter, the respective parties shall be permitted all legal or economic recourse to support their requests for revisions if the parties fail to agree thereon.

The parties expressly declare they have bargained in good faith between themselves on all phases of hours, wages, and working conditions of employment; this contract represents their total understanding on all subjects of bargaining; this contract is not contingent upon approval by the

Government.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement this _____ day of

____________, 2019.

TEAMSTERS UNION LOCAL 445, NUGATE GROUP, LCC

AFFILIATED WITH IBT, AFL-CIO

Name: _________________________ Name: _________________________

Signature: ______________________ Signature: ______________________

Date: __________________________ Date: __________________________ nfulmer Typewritten text 2/28/19 nfulmer Typewritten text Jamila Stanford nfulmer Typewritten text 28th nfulmer Typewritten text February

ADDENDUM (A)

SERVICE CONTRACT AGREEMENT

NUGATE GROUP, LLC (CONTRACTOR) AND THE TEAMSTERS LOCAL 445

CONTRACT #W81K04-14-D-0002

Base Wage:

Housekeeping Aid

Current Effective 4/1/19 Effective 1/1/20 Effective 1/1/21 Effective 1/1/22

$19.00/hr $19.75/hr $20.50/hr $21.25/hr $22.00/hr

Floor Tech

Current Effective 4/1/19 Effective 1/1/20 Effective 1/1/21 Effective 1/1/22

$19.30/hr $20.05/hr $20.80/hr $21.55/hr $22.30/hr

Health & Welfare:

Rate shall match the DOL SCA Health and Welfare Fringe Benefit Rate in effect on January 1 of each year of this Agreement. It is understood that any change in the DOL rate throughout the year shall not apply to this Agreement until January 1 of each year of this Agreement, regardless of the effective date of such DOL rate change.

The Health and Welfare fringe shall apply to all hours paid, up to a maximum of 40 hours per week.

Current rate is $4.48 per hour.

COMPANY UNION

Signature Date Signature Date

Printed Name Printed Name nfulmer Typewritten text 2/28/19 nfulmer Typewritten text Jamila Stanford