1a UPDATED Attach 7 - CBA-Appendix A-MOUs-WD.pdf

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Article 1 Article 2 Article 3 Article 4 Article 5 Article 6 Article 7 Article 8 Article 9 Article 10 Article 11 Article 12 Article 13 Article 14 Article 15 Article 16 Article 17 Article 18 Article 19 Article 20 Article 21 Article 22 Article 23

PROJECT MAINTENANCE AGREEMENT

BY CONTRACT AT PETERSON AIR FORCE BASE

COLORADO SPRINGS, COLORADO

Project Maintenance Agreement October 1,2012 - September 30, 2015

Table of Contents

Article Title Page Number

Cover Sheet Scope of work and definitions 1 No Cessation of Work 2 Recognition 2 Union security and referral 2 Non-Discrimination 3 Resolution of jurisdictional disputes 4 Regular work day 4 Overtime 5 Meal Allowance 5 Reporting time and call-ins 5 Work Assignments 6 Complaints and Grievance Procedures 7 Arbitration Procedure 8 Stewards and Union Representation 8 Wage Scale, Fringe Benefits Appendix 9 Holidays 10 Absenteeism 10 Management Rights 10 Safety 11 Subcontracting 12 General Savings Clause 12 Rules and Regulations 12 Term of Agreement 13 Signature Page 13

PROJECT MAINTENANCE AGREEMENT

BY CONTRACT AT PETERSON AIR FORCE BASE

COLORADO SPRINGS, COLORADO

This Agreement is entered into this }'t day of October, 2012 By and Between Aleut Facilities

Support Services, LLC covering their company and all subcontractors at any tier, hereinafter called

"Employer", involved in the maintenance and repair work of the Project described herein, and signatory

Craft Unions affiliated with the Colorado Building and Construction Trades Council, each in its own behalf, hereinafter called "Union" or "Unions".

WHEREAS, the Employer and the Unions have committed themselves to the most cost effective, high quality and timely completion of this Project by the efficient utilization of the skilled manpower pool available through the Unions, by the maximum utilization of employees represented the Unions, and by the cooperative cost containment approaches developed and endorsed by the Unions and the Employees for the performance of this Project;

WHEREAS, the Parties to this Agreement denounce and will not tolerate strikes, picketing, slow downs, unfair strikes, work stoppages, sympathy strikes, curtailments of work, restriction of production or interference of any kind with the operations of the employer, and therefore will ensure the continuous maintenance of high-level production at all times, and;

WHEREAS, the Employer and the Unions desire to mutually stabilize the working conditions and the hours for the duration of the Project, and;

WHEREAS, the Unions desire and commit themselves to protect the Project against any and all production inefficiencies, work disruptions and/or unscheduled delays for any reason, including but not limited to those arising out of craft jurisdictional claims.

ARTICLE 1. SCOPE OF WORK AND DEFINITIONS

This Agreement covers all work assigned by the U.s. GovernmentlDepartment of the Air Force to the Employer and performed by the employees covered by this Agreement of a maintenance and repair nature on Solicitation Number FA2517-II-R-5006.

The Unions understand the U.S. GovernmentlDepartment of the Air Force and the Employer may choose to perform or directly subcontract or purchase any part or parts of the work necessary on this project with due consideration given to achieving the highest maintenance standards and harmonious working conditions.

Maintenance and repair work shall be performed for property, machinery and equipment within the limits of the U.S. Government/Department of the Air Force property (Peterson Building 2).

All work performed on existing equipment and machinery, including all associated work shall be maintenance. This shall include replacement of existing individual items of machinery and equipment with new units, including all associated work. It is understood that this concept would not include replacement of an entire process line in order to increase production, but rather would apply to such individual items as compressors, pumps, furnaces, towers, etc.

Addition of spare machinery or equipment may be done under this Agreement provided it is for de bottlenecking purposes. Example: There are two existing pumps. Both pumps are required to run at all times to maintain full production. A spare may be added for the purpose of having one pump down for maintenance.

Changes to existing units for reasons of feed stock changes or fuel changes shall be maintenance.

Regarding buildings and structures that are U.S. GovernmentlDepartment of the Air Force property, these buildings would, of necessity, have to be kept in serviceable conditions; however construction of new additional buildings and structures would be of a new construction nature.

ARTICLE 2. NO CESSATION OF WORK

1. During the term of this Agreement, there shall be no strikes, picketing, work stoppages, slow-downs, sympathy strikes, concerted absence from work or other disruptive activity by the Union or by any Employee and there shall be no lockout by the Employer. The Unions agree individually that if any Union, individual or group of employees engage in picketing any work stoppage on the job or other conduct in violation of this Article, the other Unions and Employees shall consider such picketing or other conduct as an unauthorized strike and will refuse to honor any picket line established. Failure of any Union or groups of Employees to cross such unauthorized picket lines on this project shall be in violation of this Agreement. Engaging a strike over a jurisdictional dispute is a violation of this Article.

ARTICLE 3. RECOGNITION

1. The Employer recognizes the Unions which are signatory hereto as sole collective bargaining agents on matters of wages, hours of work, other conditions of work for employees covered by this Agreement.

ARTICLE 4. UNION SECURITY AND REFERRAL

1. The affiliated Unions of the Colorado Building and Construction Trades Council & signatory to this Agreement are recognized by the Employer as a source of employment referrals.

2. It is understood and agreed that the Employer will request employees only from those craft unions who are in good standing with the Council. The CBCTC agrees to notifY the Employer within twenty four (24) hours of first knowledge of any changes in the affiliation status of craft unions within the jurisdiction of the CBCTC.

3. Plant maintenance and repair that the Employer performs involves operating units that in all cases must be kept running. This situation means that some of the work is of an emergency nature, and therefore, will require at times, the acceptance of extreme fluctuations in the labor demand. The

Unions, by the Agreement, completely understand the necessity of these extremes and agree to make every effort to fulfill the manpower requirements of the Employer.

4. The above shall not restrict the Employer from soliciting and hiring qualified personnel from any other source, provided the Unions are unable to fulfill manpower requirements within forty-eight hours, emergencies excluded. The employer will provide a list of employment requirements to the unions at the time of referral to Peterson Air Force Base.

5. All employees hired by the Employer shall, as a condition of employment, become and remain members in good standing of the appropriate Union within thirty (30) days following the date of their employment.

6. Any employee, who at the time of his employment, is a member in good standing of any signatory Union affiliated with the CBCTC, shall be considered to be in compliance with the Union Security Article in this contract so long as he maintains good standing in that Union. The employer shall be allowed to call the appropriate union hiring hall for craftsman with a current or transferable security clearance if available.

7. It is agreed that applicants referred to the project under this Article shall be considered probationary employees until such time as they meet the U.S. Government/Department of the Air Force security requirements not inconsistent with State and Federal laws. The provisions shall not preclude such probationary employees' rights under the Arbitration Procedure Article in this agreement relative to any grievance arising under any other section of this Agreement. If an employee does not possess an active government security clearance, the completion of the paperwork necessary to obtain the clearance will be completed on the employee's own time and within 10 calendar days of receipt by the employee.

8. The Employer shall for the duration of this Agreement for bargaining unit employees who submit individually authorized authorization cards, deduct from their earnings each month, the uniform Union membership dues for each month and, when applicable, uniform Union initiation fees.

9. The Union will advise the Employer in writing of the amount of uniform monthly dues and initiation fees. The Union agrees to indemnify and save the Employer harmless against any and all claims, suits or other forms of liability arising out of the deduction of money for Union dues or initiation fees from an employee's pay.

ARTICLE 5. NON-DISCRIMINATION

1. Discrimination: It is the policy of the Company and the Union that there is no discrimination of any employee. The provisions of this Agreement shall be applied to all employees without discrimination on account of sex, race, color, creed, national origin, Union Activity, age, religion, veteran's status, marital status, disable and/or veteran of the Vietnam war era, and as a result of a certified physical or mental handicap. There shall be no discrimination between male and female employees and it shall be the policy ofthe Company to pay equal pay for equal job performance.

2. Americans with Disabilities Act (ADA): The Union and the Employer will mutually support compliance with the ADA. If an employee is determined to be disabled within the definition of the ADA the Employer will make reasonable accommodations as required by the ADA. The parties agree that any reasonable accommodation made by the Employer to comply with the ADA will not constitute a breach or violation of any provision of this Agreement. The provisions of this Article are not intended to allow a bargaining unit employee to displace another bargaining unit employee.

3. Union Activity: Union membership or legitimate Union activity will not jeopardize any employee's standing with the Company or opportunity for advancement. It is further agreed that the Company and its agents will not discriminate against, interfere with, restrain or coerce in any manner whatsoever any steward or member of the bargaining unit because of any lawful activities on behalf of the Union.

ARTICLE 6. RESOLUTION OF JURISDICTIONAL DISPUTES

1. There shall be no strikes, no work stoppages or slow-downs or other interference with work because of jurisdictional disputes.

2. The Employer will engage in pre-assignment andlor jurisdictional mark-up conference meetings with the CBCTC and representatives of affiliated Unions in an attempt to reach agreement on all such work assignments.

3. When competing jurisdictional claims are made known to the Employer, the Unions involved will be notified a minimum of seventy-two (72) hours prior to their proposed assignment of the work in the dispute. The Employer specified in the dispute has the obligation of presenting to the CBCTC affiliated Unions all pertinent data drawings, specifications, or descriptions that are available at the time as such noted. If the parties are unable to reach agreement, the Employer shall make a clear assignment. Any jurisdictional dispute shall be resolved under the procedures indicated below.

Unions may present written evidence of past assignments in area practices.

4. Work shall be assigned by the Employer in accordance with the procedural rules of the Impartial Jurisdictional Board. Jurisdictional disputes will be settled in accordance with the area practice and procedural rules and decisions of such board or success for agency.

5. Where a jurisdictional dispute involves any Union or Employer not a party of procedures established by the Impartial Jurisdictional Disputes board (or its successor) and is not resolved between the Unions, it shall be referred for resolution to the International Unions to which the disputing Unions are affiliated. The resolution of the dispute shall be reduced to writing signed by representatives of the International and the Employer.

6. The Assignment will be in effect until a decision is rendered.

7. All jurisdictional disputes shall be handled exclusively in the matter specified in this Article and may not be referred to the grievance and arbitration provisions specified in the Arbitration Procedure Article in this agreement.

8. Construction Craft Unions not affiliated with the CBCTC shall not be given any consideration in jurisdictional claims for work.

ARTICLE 7. REGULAR WORKSCHEDULE

1. The regular workday shall be established by the Employer for the Project between the hours of 6:00 A.M and 6:00 P.M. exclusive of a half (1/2) hour uninterrupted unpaid lunch.

2. If an employee is required to respond to a work requirement that occurs during their regular lunch period, the employee will be paid 1-1/2 X for one half (Ya) hour of the regular hourly wage rate and be allowed uninterrupted time to finish their lunch period.

3. Established starting time for regular workday may be changed by the employer within the limits stated herein upon five (5) days written notice to the Unions thereby affected, unless the shift change is mandated by the government.

ARTICLE 8. OVERTIME

1. Due to the requirement for 24 hours per day maintenance, the employee will work 12 hours on / 12 hours off, 4 days on / 4 days off shifts. These employees are designated as "shift" workers. After 10 hours of the regular 12-hour shift, shift workers will be paid at one -and-one-half (1-112 X) their regular hourly rate. If any government agency's actions deny access to the work site and the relief shift is not permitted to come in, the remaining shift workers will be paid two times (2x) their regular hourly wage rate.

2. All time worked over twelve hours in a shift, if required by the employer, will be paid at two times (2X) the hourly rate.

3. The Employer may establish eight-hour shifts consisting of five days per week, Monday through Friday, for a regular straight time, workweek of forty hours. The employer may add and/or change shifts to a customized work schedule as needed with no notice to conform to contract requirements.

Non-Scheduled Work Day:

1. The first ten (10) hours worked on a non-scheduled workday shall be paid at one-one-half (1 Y2 X) the regular straight time pay.

2. Time worked over the regular (10) hours shall be paid at two (2X) the regular straight time pay.

3. Any work performed on a Holiday will paid at double (2X) the regular rate.

ARTICLE 9. MEAL ALLOWANCE

1. When an employee is required to work more than two (2) hours of unscheduled overtime beyond hislher regularly scheduled shift, the Employer will reimburse up to $5.00 with a receipt for a meal allowance. This provision will be repeated after each four (4) hours of overtime thereafter.

ARTICLE 10. REPORTING TIME AND CALL-INS

REPORTING TIME:

1. When an employee or new hire reports to work on any shift between the established hours of hislher regular work and is not given the opportunity to work because none was available and was not notified before the completion of the previous day's work, he shall be paid two (2) hours reporting time.

2. When employees start to work they shall be paid not less than four (4) hours and if they work beyond four (4) hours, they shall be paid for actual time worked. It shall be the Employer's prerogative whether or not to start or stop work.

3. If an employee refuses to start or stop work on his own volition, the minimum set forth herein shall not apply. Employees will perform whatever works assigned to them, which is safe for them to perform in order to give them the first four (4) hours of work.

4. Any employee covered under this agreement that is delayed from coming to work and starting their shift on time due to instances created by the Government such as base closures, portal lock downs, training exercises, etc. shall be considered on the clock and not be considered late and as such shall be paid their normal rates of pay. Any delays of the employee leaving the base due to the above circumstances shall be on their own time provided their shift has ended and they are considered clocked out.

5. During situations related to inclement weather, the following snow call policy shall be adhered to. If the Peterson Snow Call Line has not been updated by 5:00am then the employee coming to work shall be paid their regular rates of pay, considered clocked in, and shall not be considered late. If the Employer can provide documentation that the Peterson Snow Call Line was updated in a timely manner then they are not required to pay the employee for time not worked. All employees working under this agreement shall not be entitled to any pay due to inclement weather situations once they are considered clocked out and not performing any work. Refer to the Aleut Snow Call policy.

CALL-INS:

1. Call-In shall be defined as notification by whatever means to an employee to report to work outside of his regular shift or regularly scheduled day off or Holiday.

2. Call-Ins as defined above shall be paid in accordance with one of the following categories:

a) A Call-In prior to and continuous with an employee's normal scheduled shift shall be paid for on the basis of hours actually worked at the applicable overtime rate until such time as his regularly scheduled shift begins at which time he will be paid his regular rate of pay.

b) When an employee is called in to work at or after the established starting time on Friday, Saturday, Sundays or scheduled day off or Holidays, he shall be paid not less than three (3) hours at the applicable overtime rate for that day except when his Call-In is prior to and continuous with his normal work hours.

c) If there is an overlapping of an employee's time from the 5th day to the 6th day, the 6th day to the 7th day, or Holidays as a result of a Call-In from one day to next, the employee shall be paid under the plan as outlined in sub-section (2 b) above at the applicable overtime rate, but at no time will he receive the two (2) hour guarantee more than once for anyone Call-In.

d) On a Call-In when guaranteed hours prevail, the employee may be required to work the necessary time guaranteed by the Employer. If an employee shall stop work for reasons of his own and without the approval of the Employer, he shall be entitled to pay for hours actually worked in the day or a minimum of two (2) hours.

ARTICLE 11. WORK ASSIGNMENTS

The Signatories to this Agreement agree to the concept that jurisdictional disputes cannot and shall not interfere with the efficient and continuous operations required in the successful application ofthe intent of this Agreement; and to make available to the U.S. Governmentl Department of the Air Force the skills and expertise the employees have to offer in the maintenance of the structure, operations and facilities on the U.S. GovernmentlDepartment of the Air Force's property. As a consequence, there shall be no interference of any nature with the work because of jurisdictional disputes.

I. Project maintenance conditions do not always justify adherence to craft lines, which in itself does establish precedent or change the appropriate jurisdiction of the crafts involved. Periodic review of the work assignments shall be made for the purposes of adjusting such assignments appropriate to take care of changing needs.

2. The Unions involved agree that upon request, their Representatives shall be assigned without delay and will attempt to a project settlement in the event of a question on assignments. The Employer agrees that it shall abide by such agreements reached by and with said Union Representative (s).

3. The Unions agree that upon failure to reach a project decision there shall be submitted a joint statement offacts and request to an agreed-upon Council Committee for assistance in resolving said dispute.

Notwithstanding, the failure of the Unions to reach a project decision or the dispute having been resolved considering the critical need for continuous operations, the Employers assignment of work will be in effect until such time as the dispute has been resolved between the parties.

Resolution of the dispute will have prospective effect only.

ARTICLE 12. COMPLAINTS AND GRIEVANCE PROCEDURES

1. Complaints: While not considered a "grievance" as defined hereafter, employees and/or the Union representative are encouraged to engage in informal discussions with the Company to attempt settlement or prevent problems prior to the written "grievance" being filed.

2. A grievance within the meaning of this Agreement shall consist of disputes involving the violation, interpretation or application of this agreement that may arise between the Company and the Union, or between the Company and an employee or employees covered by this agreement.

3. Timeliness And Steps: No matter shall be considered as a grievance unless it is presented to the Company within ten (10) calendar days after the occurrence of events on which the grievance is based unless the circumstances of the case made it impossible for either the employee or the Union to know that he had grounds for such claim prior to that date.

a. Step 1: An alleged grievance shall be discussed between the Steward and/or other Union Representatives and the Project Manager. The aggrieved employee mayor may not be present at such discussion. The parties shall discuss the grievance and attempt to resolve the dispute. The Project Manager shall render a decision orally within five (S) calendar days after the grievance is first presented and discussed. If the grievance cannot be resolved at this step, then both parties will state their respective positions in writing on a joint form supplied by the Union within five (S) calendar days after the Project Manager has rendered a decision orally. Then all parties will sign the form. Within five (S) calendar days after the date all parties have signed the form the grievance may be submitted, by the Union, on behalf of the aggrieved employee, to the next step.

b. Step 2: Upon written notice from the Union, the Company will schedule a grievance meeting with the CBCTC to be held within ten (10) calendar days after receipt of the notice. The grievance meeting will consist of a Steward, the CBCTC Business Manager and a Representative of the involved Union and the Director of Human Resources or hislher designee. The grievant may be present as witness at this meeting. The Director of Human Resources will render a written decision to the Representative ofthe Union within ten (10) working days after the meeting. Within ten (10) working days after the date of the written decision, the grievance may be submitted, by the Union, on behalf of the aggrieved employee, to the next step.

c. Step 3: Within ten (10) calendar days of the date of the written decision, either party may demand arbitration, in accordance with the Arbitration Procedure Article of this Agreement.

d. The time limits may be waived only by written mutual consent of the parties.

4. The reason for discharge or other disciplinary action shall be given to the employee in writing at the time of discharge or other disciplinary action and the Company will provide a copy to the Union.

S. Record of Disciplinary Action: The Company will consider reprimands or disciplinary actions against an employee as cleared from his/her record after a twelve (12) month period from the date of issuance, provided that there have been no further infractions during that period. The employee's record may be cleared earlier when, in the judgment of the Company, hislher past service record warrants such action.

ARTICLE 13. ARBITRATION PROCEDURE

1. During the term of this Agreement, any grievance which has not been finally settled or disposed of in accordance with the steps of the Grievance Procedure outlined above may be submitted to Arbitration within ten (10) calendar days after receipt of the Company's Third Step reply.

2. The parties shall jointly request the Federal Mediation and Conciliation Service to submit a panel of nine (9) arbitrators. The parties shall alternatively strike arbitrators from the panel with the loser of a coin toss striking first. The remaining name shall be the arbitrator. The parties may mutually agree to a specific arbitrator thereby waiving the above procedure.

3. The authority of the Arbitrator shall be limited to determining questions directly involving the interpretation or application of specific provisions of this Agreement, and the Arbitrator shall not determine any question that lies outside the specifications of this Agreement. The Arbitrator shall not have authority to add to, to subtract from, or to change any of the terms of this Agreement, to change an existing wage rate or to establish a new wage rate. In no event shall the same question or issue be subject to arbitration more than once. The decision or award of such arbitrator shall be final and binding on each of the parties, and they will abide thereby subject to such applicable laws and rules and regulations as any Federal Agency having jurisdiction may impose. The cost of the Arbitrator's services, and any other expenses incidental to the arbitration which are mutually agreed to in advance, shall be equally split by the parties. Each party shall bear the expenses of preparation and presentation of its own case. For the purpose of the Arbitration Procedure, Saturdays, Sundays, and holidays shall not be counted in the computed due date for any decision or appeal there from. In addition, any grievance being submitted to arbitration is subject to final resolution between the designated representative of the Union and the Company designated representative, prior to the grievance being presented to the arbitrator. In order to be arbitral the grievance must have been filed prior to the expiration of this Agreement.

ARTICLE 14. STEWARDS AND UNION REPRESENATION

1. Authorized representatives of the Unions on Union business shall have access to the Project site during working hours, provided that they shall comply with the applicable and reasonably safety and visitation rules ofthe Employer and the United States Air Force.

2. The Business Manager of the Colorado Building & Construction Trades Council will designate one (l )-working steward to represent all crafts for the job site. Steward shall be allowed reasonable time to conduct Union business. In the event of overtime work, the Union may name one of the workers performing the overtime work to act as steward if the regular is not qualified to perform the overtime work. The working steward will be paid at the applicable wage rate for the job classification in which he is employed. There shall be no non-working stewards.

ARTICLE 15. WAGE SCALE APPENDIX "A" AND FRINGE BENEFITS APPENDIX "B"

AND PAYMENT OF WAGE

1. Wage and fringe benefit rates may increase or decrease, depending upon periodic negotiations conducted by the signatory unions. However, the Project Maintenance Agreement will only reflect changes on the option year that were previously negotiated. If the total fringe benefit package does not change but the distribution of the fringe benefit changes the Employer will upon notification make such changes. When the Employer contributes fringe benefits payment into local, regional or national trust funds, the Employer agrees to be bound to lawful terms and conditions of such trust agreements and all amendments thereto. Trust agreements and changes thereto shall be provided in a timely manner to the Employer. The Employer further agrees to accept as its representatives the administration of such funds, the Employer Trustees servicing such funds. Employers not bound to payments into the industry fund will pay in lieu of the industry fund, the established assessment to the local union training fund.

2. Except when directed by the Employer for off-site training and/or certification needs, such travel expenses will be paid in accordance with the Government Joint Travel Regulation.

3. There shall be no wage premiums, such as those based on height work, type of work or materials, special skills, etc., paid on the Project.

4. Wages will be paid weekly by electronic deposit at the bank selected by the Employee. The workweek is Sunday through Saturday. Payday will be on the following Friday. Electronic Deposits and Pay Stubs will be available to employees by 10:00am on Friday. If the payday falls on a Holiday, per the Holiday Article in this agreement, the day preceding will become the payday.

PAYMENT BY ELECTRONIC DEPOSIT:

1. Upon timely notification by the employee of a missed electronic deposit due to the negligence of the Employer, the employer will, upon request, issue an electronic direct deposit for hours worked in the missed pay period.

2. The Employer shall be liable for any N.S.F fees incurred by the employee as a direct result of the missed deposit for checks written against the account that the Employer is obligated to deposit funds.

3. In addition, up to a maximum of four (4) hours per day at straight time shall be paid until wages are made available.

ARTICLE 16. HOLIDAYS

1. Eleven Recognized Paid Holidays Shall Include:

a. Any maintenance work performed on a Holiday will be paid at double (2X) the regular rate.

b. Employees working on a Holiday shall be paid double (2X) the day straight time pay plus (8) hours Holiday pay.

c. Holiday pay shall be paid at the regular hourly rate times hours.

New Year's Day

Martin Luther King Day

Presidents Day

Memorial Day (On the day observed)

Fourth of July

Labor Day

Columbus Day

Veterans Day

Thanksgiving

Day After Thanksgiving

Christmas Day

2. For Shift Workers:

If shift workers are required to work on a Holiday recognized in this Agreement, he/she shall be paid 2X the regular hourly rate for the hours actually worked on that recognized Holiday.

3. Paid Personal Days

Two (2) personal days are not allowed until the employee has been employed for one (1) continuous year. Personal day pay shall be calculated at twelve (12) hours the regular day straight time rate, wages only without fringe benefit contributions and all Personal days will be taken in twelve (12) hour increments.

4. Jury Duty

Any Employee covered by this agreement who is legally summoned to serve as a jurist will be paid by the employer in compliance with the Colorado State law. The Employer must receive proof of Jury duty service and these days will not be counted as days worked.

ARTICLE 17. ABSENTEEISM

1. The Employer and the Union agree that chronic and/or unexcused absenteeism is undesirable and must be controlled. Employees that develop a record of such absenteeism shall be identified by the Employer at the appropriate facility, and the Employer shall support such action with the work record of the involved employee. Any employee terminated for such absenteeism shall not be eligible for rehire on the Project for a period of no less than 90 days.

ARTICLE 18. MANAGEMENT RIGHTS

1. The Unions understand that the Employer is responsible to perform the work required by the U.S.

Government/Department of the Air Force. Except as specifically abridged, delegated or modified by the Agreement or a supplementary agreement that may hereafter be made between the parties, all of the rights and authority the Employer possessed prior to the signing of this Agreement are reserved by the Employer and remain without limitation within the rights of management. Therefore, The Employer has the complete authority and right to:

a) Plan, direct and control the operation of all work including determine, and from time to time, re determine the number, location and type of its operations, the methods, processes, and materials and equipment to be employed and the type of work to be undertaken.

b) Decide the number of employees required with due consideration to the proper craft classification thereof.

c) Hire and layoff employees as appropriate to meet work requirements and/or skills required. The Employer may hire employees by name that have special skills or have prior maintenance experience.

d) Transfer employees with special skills or qualifications and/or employees from one department to another department without restriction or limitations.

e) Determine the number of hours per day or per week operations shall be carried on, including starting and stopping times and rotation of shifts and jobs, and select and determine the number and type of employees required.

f) Select supervisorslforeman and direct supervisorslforemen to work with their tools when in the Employer's opinion this is advisable. Whenever the foreman is absent from the work site for more than one (1) hour, another worker will be assigned the duties of the foreman and receive the appropriate foreman's rate of pay.

g) Require all employees to observe the Employer andlor the U.S. GovermnentlDepartment of the Air Force's rules and regulations and to make and enforce such rules for the maintenance of discipline, and from time to time, abolish, amend or alter such rules, including but not limited to, rules related to abuse andlor possession of drugs or alcohol (including testing employees for such).

h) Require all employees to observe all safety regulations prescribed by the Employer andlor the U/S.

GovermnentlDepartment of the Air Force, including the use of tobacco products.

i) Discharge or discipline employees for just cause. Any and all discipline shall be progressive and subject to Complaints and Grievance Procedure Article in this article.

j) The Employer may, if it desires, maintain a variety of skills within its group of employees to be prepared to have skills and I or supervision for any type of work that may arise or to subcontract work to outside contractors or within the Employer's Company.

k) It is understood that all employees will work together cooperatively as a group and as directed by the Employer. Employees will also cooperate with and follow directions of the U.S.

Government/Department of the Air Force Representatives as required by the Employer.

1) The Unions understand the extreme importance of keeping operating equipment and units running at all times. The Union also understands that the loss of production and cost of repairs together create a great loss to the U.S. Government/Department of the Air Force. Therefore, the Union will encourage and advise the employees to make every effort to perform work of good quality and quantity. The Employer and the Union recognize the necessity for eliminating work restrictions and promoting efficiency and agree that no rules, customs or practices shall be permitted that limit production or increase the time required to do the work, and no limitations shall be placed upon the amount of work which an employee shall perform, nor shall there be any restrictions against the use of any kinds of machinery, tools of labor-saving devices.

m) It is understood by the Employer and agreed to by the Unions, that the employees of the Employer will perform the work requested by the Employer without having any concern or interference with any other work performed by any employees who are not covered by this Agreement.

n) No one or more provisions of this Agreement may be interpreted to provide a meaning not expressly set out in this Agreement or to deny the Company or the Unions the right to do anything not forbidden by the contract in specific language.

ARTICLE 19. SAFETY

1. The employees covered by the terms of this Agreement shall at all times be bound by the safety rules and regulations as established by the U.S. GovernmentlDepartment of the Air Force and lor Aleut Facilities Support Services, LLC. These rules are to be posted at conspicuous places.

2. The Company will comply with all applicable and valid State and Federal safety laws. The Company may issue, and from time to time reissue and enforce, such safety rules including the use of tobacco products and programs as it determines are necessary. Such rules and programs are effective upon publication andlor notification.

3. The Union agrees to cooperate with the Company in all matters required by the U.s.

GovermnentlDepartment of the Air Force. This includes, but not limited to, rules related to abuse and/or possession of drugs or alcohol. (including testing employees for such)

4. The Company may develop and implement safety incentive programs.

5. The Company agrees to make available to employees personal protection equipment at no cost to the employees, except when safety shoes and prescription safety eye glasses are provided in accordance with the following guidelines:

SAFETY SHOES:

a. After one year of employment the employer will provide a $150 stipend for boots for new employees. After the initial stipend the employer will determine replacement at its discretion regarding worn or damaged boots.

SAFETY EYE GLASSES:

a. The company to provide PPE for glasses.

ARTICLE 20. SUBCONTRACTING

1. The Employer agrees that neither he nor his subcontractors will subcontract any work to be performed on the Project except to persons, firms or corporations which are parties to this Agreement. Any contractor or subcontractor working on said Project shall become signatory to and perform all work under the terms of this Agreement. The furnishing of materials, supplies or equipment and delivery thereof shall be in no case considered subcontracting.

2. Subject to other applicable provisions of this Agreement, the Employer agrees that when subcontracting for pre-fabrication of materials, the Employer will use his best efforts to subcontract such work to contractors which have agreements with Unions signatory to this Agreement.

3. The intent of this paragraph is to use a union contractor whenever possible. Aleut Facilities Support Services, LLC, will call the union first. If they do not respond, then the contractor will use whatever means available.

ARTICLE 21. GENERAL SAVINGS CLAUSE

If any Article or provision of this Agreement shall be declared invalid, inoperative or unenforceable by any competent authority of the Executive, Legislative, Judicial or Administrative branch of the Federal or State Govermnent, the Employer and the Unions shall suspend the operation of such Article or provision during the period of it's invalidity and shall substitute by mutual consent, in it's place and stead, an Article or provision which will meet the objections to it's validity and which would be in accord with the intent and purpose of the Article or provision invalidated.

ARTICLE 22. RULES AND REGULATIONS

1. The Employer reserves the right to require all employees to observe Aleut Facilities Support Services, LLC andlor the U.S. GovernmentlDepartment of the Air Force's rules and regulations. And to make and enforce such rules for maintenance and discipline and from time to time abolish, amend, or alter such rules, including, but not limited to rules related to abuse andlor possession of drugs and alcohol, including drug tests, of current and prospective employees.

2. Violations of the Project rules and regulations are just cause for disciplinary action subject to Complaints and Grievance Procedure Article in this Agreement.

ARTICLE 23. TERM OF AGREEMENT

This Agreement and all addenda contained therein shall become effective October 1, 2012 and shall remain in full force and effective up to and including September 30, 2015 and shall continue from year to year thereafter unless sixty (60) days written notice is given by either party.

Signing the 1 st day of October, 2012, FOR THE EMPLOYER: FOR THE UNIONS:

Aleut Facilities Support Services, LLC Colorado Building and Construction Trades Council

Signature Signature CMtf 1(e& ~

Title Title

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

THE SERVICE CONTRACT ACT |EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary | WAGE AND HOUR DIVISION of Labor | WASHINGTON D.C. 20210 | Wage Determination No.: CBA-2015-8072 Diane Koplewski Division of | Revision No.: 0 Director Wage Determinations| Date Of Last Revision: 9/25/2015 State: Colorado

Area: El Paso

Employed on 21 CONS contract for HVAC, Electrical & CRAC Services at Peterson AFB, CO.

Collective Bargaining Agreement between contractor: Aleut Operations and Maintenance Services, LLC, and union: Colorado Building and Construction Building Council, effective 8/31/2015 through 8/30/2021.

In accordance with Section 2(a) and 4(c) of the Service Contract Act, as amended, employees employed by the contractor(s) in performing services covered by the Collective Bargaining Agreement(s) are to be paid wage rates and fringe benefits set forth in the current collective bargaining agreement and modified extension agreement(s).

Page 1 of 1CBA WD

9/25/2015http://www.wdol.gov/DisplayT4CWD.aspx?WDNo=CBA-2015-8072

Services at Peterson AFB, Colorado Springs, CO

Colorado Building and Construction Trades Council (AFL-CIO)

And

Aleut Facilities Support Services

Peterson Maintenance Agreement

Effective

August 31, 2015 through August 30, 2021

PROJECT MAINTENANCE AGREEMENT

BY CONTRACT AT PETERSON AIR FORCE BASE

COLORADO SPRINGS, COLORADO

This Agreement is entered into this __2nd____ day of September 2015 By and Between Aleut

Facilities Support Services, LLC covering their company and all subcontractors at any tier, hereinafter called “Employer”, involved in the maintenance and repair work of the Project described herein, and signatory Craft Unions affiliated with the Colorado Building and Construction Trades Council, each in its own behalf, hereinafter called “Union” or “Unions”.

WHEREAS, the Employer and the Unions have committed themselves to the most cost effective, high quality and timely completion of this Project by the efficient utilization of the skilled manpower pool available through the Unions, by the maximum utilization of employees represented the Unions, and by the cooperative cost containment approaches developed and endorsed by the Unions and the Employees for the performance of this Project;

WHEREAS, the Parties to this Agreement denounce and will not tolerate strikes, picketing, slow-downs, unfair strikes, work stoppages, sympathy strikes, curtailments of work, restriction of production or interference of any kind with the operations of the employer, and therefore will ensure the continuous maintenance of high-level production at all times, and;

WHEREAS, the Employer and the Unions desire to mutually stabilize the working conditions and the hours for the duration of the Project, and;

WHEREAS, the Unions desire and commit themselves to protect the Project against any and all production inefficiencies, work disruptions and/or unscheduled delays for any reason, including but not limited to those arising out of craft jurisdictional claims.

ARTICLE 1. SCOPE OF WORK AND DEFINITIONS

This Agreement covers all work assigned by the U.S. Government/Department of the Air Force to the

Employer and performed by the employees covered by this Agreement of a maintenance and repair nature on Solicitation Number FA2517-11-R-5006.

The Unions understand the U.S. Government/Department of the Air Force and the Employer may choose to perform or directly subcontract or purchase any part or parts of the work necessary on this project with due consideration given to achieving the highest maintenance standards and harmonious working conditions.

Maintenance and repair work shall be performed for property, machinery and equipment within the limits of the

U.S. Government/Department of the Air Force property (Peterson Building 2).

All work performed on existing equipment and machinery, including all associated work shall be maintenance. This shall include replacement of existing individual items of machinery and equipment with new units, including all associated work. It is understood that this concept would not include replacement of an entire process line in order to increase production, but rather would apply to such individual items as compressors, pumps, furnaces, towers, etc.

Addition of spare machinery or equipment may be done under this Agreement provided it is for de-bottlenecking purposes. Example: There are two existing pumps. Both pumps are required to run at all times to maintain full production. A spare may be added for the purpose of having one pump down for maintenance.

Changes to existing units for reasons of feed stock changes or fuel changes shall be maintenance.

Regarding buildings and structures that are U.S. Government/Department of the Air Force property, these buildings would, of necessity, have to be kept in serviceable conditions; however construction of new additional buildings and structures would be of a new construction nature.

ARTICLE 2. NO CESSATION OF WORK

1. During the term of this Agreement, there shall be no strikes, picketing, work stoppages, slow-downs, sympathy strikes, concerted absence from work or other disruptive activity by the Union or by any

Employee and there shall be no lockout by the Employer. The Unions agree individually that if any

Union, individual or group of employees engage in picketing any work stoppage on the job or other conduct in violation of this Article, the other Unions and Employees shall consider such picketing or other conduct as an unauthorized strike and will refuse to honor any picket line established. Failure of any Union or groups of Employees to cross such unauthorized picket lines on this project shall be in violation of this Agreement. Engaging a strike over a jurisdictional dispute is a violation of this

Article.

ARTICLE 3. RECOGNITION

1. The Employer recognizes the Unions which are signatory hereto as sole collective bargaining agents on matters of wages, hours of work, other conditions of work for employees covered by this

Agreement.

ARTICLE 4. UNION SECURITY AND REFERRAL

1. The affiliated Unions of the Colorado Building and Construction Trades Council & signatory to this

Agreement are recognized by the Employer as a source of employment referrals.

2. It is understood and agreed that the Employer will request employees only from those craft unions who are in good standing with the Council. The CBCTC agrees to notify the Employer within twenty-four (24) hours of first knowledge of any changes in the affiliation status of craft unions within the jurisdiction of the CBCTC.

3. Plant maintenance and repair that the Employer performs involves operating units that in all cases must be kept running. This situation means that some of the work is of an emergency nature, and therefore, will require at times, the acceptance of extreme fluctuations in the labor demand. The

Unions, by the Agreement, completely understand the necessity of these extremes and agree to make every effort to fulfill the manpower requirements of the Employer.

4. The above shall not restrict the Employer from soliciting and hiring qualified personnel from any other source, provided the Unions are unable to fulfill manpower requirements within forty-eight hours, emergencies excluded. The employer will provide a list of employment requirements to the unions at the time of referral to Peterson Air Force Base.

5. All employees hired by the Employer shall, as a condition of employment, become and remain members in good standing of the appropriate Union within thirty (30) days following the date of their employment.

6. Any employee, who at the time of his employment, is a member in good standing of any signatory

Union affiliated with the CBCTC, shall be considered to be in compliance with the Union Security

Article in this contract so long as he maintains good standing in that Union. The employer shall be allowed to call the appropriate union hiring hall for craftsman with a current or transferable security clearance if available.

7. It is agreed that applicants referred to the project under this Article shall be considered probationary employees until such time as they meet the U.S. Government/Department of the Air Force security requirements not inconsistent with State and Federal laws. The provisions shall not preclude such probationary employees’ rights under the Arbitration Procedure Article in this agreement relative to any grievance arising under any other section of this Agreement. If an employee does not possess an active government security clearance, the completion of the paperwork necessary to obtain the clearance will be completed on the employee’s own time and within 10 calendar days of receipt by the employee.

8. The Employer shall for the duration of this Agreement for bargaining unit employees who submit individually authorized authorization cards, deduct from their earnings each month, the uniform Union membership dues for each month and, when applicable,…