Attachment_4_Collective_Bargaining_Agreement.pdf

NATIONAL SERVICE CONTRACT AGREEMENT

BETWEEN

INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS

LOCAL LODGE 2771 of

AERONAUTICAL DISTRICT LODGE 776

AFL-CIO

AND

ZERO WASTE SOLUTIONS, INC.

EFFECTIVE: July 30, 2015 EXPIRES: August 31, 2018

FA3020-15-R-0003

ATTACHMENT 4

TABLE OF CONTENTS

ARTICLE I Purpose and Scope 3 ARTICLE II Union Recognition 3 ARTICLE III Union Security 3 ARTICLE IV Dues Checkoff 4 ARTICLE V No Discrimination 4 ARTICLE VI Union Representation 4 ARTICLE VII Discharge or Suspension 5 ARTICLE VIII Grievance Procedure & Arbitration 9 ARTICLE IX Seniority 10 ARTICLE X Promotions 11 ARTICLE XI Leave of Absence 11 ARTICLE XII Wages 13 ARTICLE XIII Shift Scheduling, Basic Workweek & 13

ARTICLE XIV

Hours of Work Show Up and Reporting Time

ARTICLE XV Overtime 14 ARTICLE XVI Holidays 15 ARTICLE XVII Vacations 16 ARTICLE XVIII Other Paid Time Off 17 ARTICLE XIX Health and Welfare 18 ARTICLE XX Hiring of Employees 18 ARTICLE XXI Wash and Wear Uniforms 19 ARTICLE XXII Miscellaneous 19 ARTICLE XXIII No Strikes - No Lockouts 20 ARTICLE XXIV Invalidity 20 ARTICLE XXV Physical Examination 20 ARTICLE XXVI Management Clause 21 ARTICLE XXVII Successors and Assignees 21 ARTICLE XXVIII Savings Clause 21 ARTICLE XXIX Safety and Health 21 ARTICLE XXX Effective Date and Duration 24 ARTICLE XXXI Signature Page 25

NATIONAL SERVICE CONTRACT AGREEMENT

THIS AGREEMENT is made and entered by and between ZERO WASTE SOLUTIONS, INC. (hereinafter referred to as the Employer), and INTERNATIONAL ASSOCIATION OF MACHININSTS AND AEROSPACE WORKERS, DISTRICT LODGE 776 and LOCAL LODGE 2771, and its affiliated LOCAL UNIONS (hereinafter referred to as the Union).

ARTICLE I

PURPOSE AND SCOPE

It is the intent and purpose of the parties hereto to set forth herein the basic agreement covering wages, hours of work and conditions of employment to be observed between the parties hereto, and to provide procedures for prompt, equitable adjustments of alleged grievances to the end that there shall be no work stoppages, strikes or lockouts during the life of this Agreement.

ARTICLE II

UNION RECOGNITION

Section 1 The Employer recognizes the Union as the sole exclusive collective bargaining representative of employees of the Employer who are members of the bargaining unit at the Sheppard Air Force Base working on the Integrated Solid Waste Management contract with respect to wages, hours and all other terms and conditions of employment

Section 2 At such time as a majority of the employees of the Employer, at a location not covered by this Agreement, which is not an accretion to existing bargaining units, designates the Union as their collective bargaining representative, as evidenced by a card check, they shall be covered by this Agreement, effective on the same date that the Addendum A covering wages becomes effective. The effective date of Addendum A is determined in the negotiations of wages between the Local Union representative and the Employer.

Section 3 Should a dispute arise between the parties with reference to the card check, either party may refer such dispute to the arbitration procedure contained in the Agreement.

ARTICLE III

UNION SECURITY

Section 1 All present employees who are members of the Union, on the effective date of this Agreement, shall remain members as a condition of employment. All present employees who are not members of the Union, and all new employees hired hereafter shall, as a condition of employment, become members of the Union as of the effective date of this Agreement, or no later than the thirty first (31st) day of their employment, whichever occurs later. All employees shall remain members in good standing for the full term of this Agreement. Failure to comply with this requirement shall be cause for discharge of the employee, upon written notification to the Employer, by the Union, that an employee has failed to tender the appropriate dues and fees uniformly imposed upon all employees in the bargaining unit.

Section 2 The foregoing provision shall not apply in any state to the extent that it may be prohibited by state law. When work covered by this Agreement is to be performed upon property of the United States Government, (as to which the provisions of any state's "right-to-work" laws are inapplicable), all employees covered by this Agreement who are performing such work, shall be required, as a condition of continued employment on such property, to obtain membership in the Union no later than the thirty first (31st) day of such employment or the effective date of this Agreement, whichever is later, and maintain such membership in the Union while so employed.

ARTICLE IV

DUES CHECKOFF

The Employer agrees to honor check-off cards, signed by individual employees, which authorizes the Employer to deduct from the employee's paycheck each month, the union dues, lawful fees and assessments as certified by the Union and contributions, and remit same within twenty (20) days after the close of each calendar month, to the Secretary- Treasurer of the appropriate Local Union. The Union agrees that in the event of any change in the Union's dues structure, it will notify the Employer twenty (20) days prior to the first (1st) pay period of the following month. The Employer will furnish the Union with the names and addresses of all newly hired employees.

ARTICLE V

NO DISCRIMINATION

Neither the Employer nor the Union shall discriminate against, or in favor of, any employee on account of race, color, creed, national origin, political belief, sex, age, veterans status or disabled, because any employee exercised his/her rights under any federal or state law. All Employer policies, rules and interpretations of this Agreement shall be applied equally to employees in the bargaining unit.

ARTICLE VI

UNION REPRESENTATION

Section 1 The number and need of Stewards shall be determined by the Union and appointments thereof will be made by the appropriate Business Manager. The Union agrees to limit the number of Stewards to a maximum of one (1) per shift where possible.

Section 2 The Local Union shall supply the contractor in writing and shall maintain with the contractor on a current basis, a complete list of all authorized Stewards, together with the designation of the group of employees each is authorized to represent.

Section 3 The Employer agrees to recognize the officers and duly designated representatives of the Local Union and shall be kept advised, in writing, by the Local Union of the names of its officers and representatives.

Section 4 The Employer agrees that in the event it is planned to transfer a Steward, officer, or representative from one work shift and/or shop to another, it will inform the Local Union five (5) days prior to taking such action. The union will be notified at least (five) days in advance for routinely planned transfers and as soon as possible where a transfer is either temporary (for a short duration) or dictated by an emergency or unanticipated event (illness, injury, etc.).

Section 5 Authorized agents of the Union shall have access to the Employer's establishment during working hours for the purpose of adjusting disputes, investigating working conditions, collection of dues, and ascertaining that the Agreement is being adhered to, provided, however, that advance notice be given so that such visits do not unduly interfere with the Employer's operation. All visits are subject to Government regulations.

ARTICLE VII

DISCHARGE OR SUSPENSION

Section 1 An employee shall be subject to immediate discharge for just cause to include, but not limited to, the following reasons:

(a) Caught stealing.

(b) Drinking alcoholic beverages or using illegal drugs while working.

(c) Physical altercations.

(d) Falsification of time sheets or time cards.

(e) Failure to report to work without notice or excuse, which includes, but is not limited to, the unexcused failure to report to a newly assigned shift and/or assigned work area.

(f) Unauthorized disclosure of Employer's hospital service proprietary documents, time sheets, pay cards, procedure manuals, etc., to anyone.

(g) Direct and blatant disobedience of a direct instruction or request that leads to an unsafe incident.

(h) Acceptance of a bribe or financial reward for any cause or reason.

(i) Payment of a bribe or offering of a financial reward for any cause or purpose.

(j) Unauthorized use of any Employer's vehicle.

(k) Failure to complete assigned work without notifying Management or Supervisor that the work was not completed.

(l) Any false statement made on the application for employment, or to the medical examiner with the intent to deceive.

(m) Unauthorized possession of firearms or explosives within the facilities.

(n) Employees restricted by the Government from entering the Government installation. If it should at any time later be determined that any employee was wrongfully restricted by the Government from a Government installation worksite, the Union and Employer agree to discuss possible reinstatement within two (2) business days of the employee’s restriction being lifted by the governmental agency that initiated the restriction. If the Union and Employer agree on the reinstatement of the employee, any such reinstatement will not be accompanied by back pay; however, seniority will be recognized in accordance with this Agreement.

(o) Sleeping on the job.

Section 2 Other than reasons identified above in Section 1, the Employer shall not discharge any employee without just cause and with respect to any such discharge, the Employer shall give at least two (2) Performance Violation Reports to the employee of any complaint against such employee, in writing, and a copy of the same to the Local Union.

Once Performance Violation Reports become twelve (12) months old, said report shall be voided and not be operative in the future. Performance Violation Reports complaints against an employee need not be for similar reasons.

Section 3 The following includes but does not limit the Employer's rules and regulations which shall not be permitted:

(a) Gambling, including games of chance, operation of pools, lotteries, etc.

within the facilities.

(b) Amoral conduct or indecency on the premises.

(c) Insubordination or refusal or intentional failure to perform assignment.

and/or failure to respond to emergency response procedure after duty hours.

(d) Vending, soliciting, or collecting contributions for any purpose whatsoever, at any time on the premises, unless authorized.

(e) Reporting to work drunk, with the undisputable odor of alcohol on breath or under the influence of illegal drugs.

(f) Unauthorized break or extended break or lunch period.

(g) Failure to report to work in a neat and clean fashion in proper uniform or approved attire.

(h) Failure to wear provided name badge or I.D. card.

(i) Unauthorized presence in any area not normally assigned to the employee(s).

(j) Verbal altercation with superiors, peers or other facility personnel.

(k) Interference with an inspection process or inspector.

(l) Giving access to any person to any area (by key or lock combination) under the control of the employee(s).

(m) Failure to maintain a reasonable means by which the Employer may contact the employee for duty.

(n) Two (2) failures to report for duty when contacted for on-call assignments.

(o) Reporting to work late without cause or excuse.

(p) Leaving work or the work area before schedule completion or quitting time without prior approval.

(q) Any moving vehicle violation while driving any Employer's vehicle or while en route from one job location to another.

(r) Poor job performance.

A Performance Violation Report for "poor job performance" routinely must consist of a minimum of two (2) incidents of unmistakable poorly performed work within a thirty (30) day period. Employees who have not completed all phases of the (Orientation Program) Initial Training Program cannot be terminated for poor job performance. Each incident of poor performance must be documented and clearly due to the employee's disregard for documented training, established procedures, the proper use of authorized materials or supplies, or verbal instructions. Poorly performed work is defined as any work that must be redone to meet acceptable standards or any work accomplished that initially does not meet established, acceptable and reasonable standards.

(s) Excessive absenteeism, tardiness, and abuse of sick leave shall not be permitted.

(t) Falsification of any information given on an application or official Employer's document.

(u) Leaving the job site with assigned keys that are to be secured on site.

(v) Smoking, eating or drinking in any area other than approved areas for that purpose.

(w) Employee misbehavior that reflects adversely upon the customer.

(x) Excessive absenteeism.

(1) Every absence from a scheduled assignment must be documented and recorded on the individual employee's attendance record. Absences are classified into two (2) separate categories:

(a) Excused Absences:

(1) Sick leave claimed with a Doctor's or medical excuse slip to support each day of absence.

(2) Authorized bereavement leave for immediate family member.

(3) Authorized leaves of absence without pay as defined in the Company’s policies and the Employee Handbook.

(b) Unexcused Absences:

(1) Sick leave claimed without a Doctor's or medical excuse to support each day of absence.

(2) Vacation days taken off, which exceed the amount of vacation days accrued to that point.

(3) Any absence not authorized by the Company’s policies and the Employee Handbook.

Upon the learning of an alleged violation of any Employer rule or regulation, the Employer shall provide the Employee with written notification of the alleged infraction within two (2) business days. The Union acknowledges that there may be situations whereby two (2) business days is not possible, and in such circumstances, will accept the Employer’s reasonable explanation. Employees found guilty of violating the Employer's rules and regulations may be suspended without pay, or discharged in the following manner:

(A) First Offense: Written warning and counseling

(B) Second Offense, Three (3) day suspension within any three consecutive month period:

(C) Third Offense, Dismissal, or five (5) day suspension, within any six consecutive at the Employer's discretion

(D) Fourth Offense, Dismissal within any nine consecutive

Section 4 Discharge or suspension must be by proper written notice to the employee, Shop Steward, and a copy mailed to the Local Union.

Section 5 Pursuant to the Worker Adjustment and Retraining Notification Act (Title 29 US code, Section 2103), the parties understand that all employees have been hired by the Employer to fulfill the Employer’s service contract with the US Government, therefore limited to the duration of the Employer’s undertaking. It is further understood that the employees’ employment by Zero Waste Solutions, Inc. will terminate upon completion of the service contract if the service contract is not renewed.

ARTICLE VIII

GRIEVANCE PROCEDURE AND ARBITRATION

Section 1 The parties to this Agreement, in the interest of resolving all disputes, complaints or grievances, in connection with the interpretation or application of the terms of this Agreement, have settled upon the following orderly and peaceful procedures:

Step One: The employee shall immediately report to his/her Steward any complaints, disputes or grievances which he/she believes requires adjustment. The Steward, designated by the Union, shall immediately investigate to ascertain whether the complaint has merit and report the results thereof to the Union Business Manager.

In the event the Business Manager believes the grievance has merit, he/she shall attempt to resolve the dispute with the Project Manager, within five (5) working days after notice thereof. If the dispute is not resolved within that period of time, the matter shall be referred to Step Two, in writing, within ten (10) days. If the matter is not referred within the ten (10) days, the matter shall be closed.

Step Two: The Business Manager shall refer the matter in writing, to the General President of the International Union or his designee, and a copy to the Employer. The two (2) parties will then meet in an effort to settle the grievance. If no satisfactory settlement is arrived at within ten (10) days, either party may, within five

(5) additional days, refer the matter to Step Three, Arbitration. The General President of the International Union, or his designee, shall have full authority to determine whether or not the Union wishes to process the grievance into Step Three, Arbitration.

Step Three: The Party invoking the provision of Step Four shall call upon the Federal Mediation and Conciliation Service to supply both the Employer and the Union with a list consisting of at least three (3) and not more than five (5) individuals who would serve as Arbitrator. The parties may then invoke the usual procedures to strike off objectionable names. The cost of such arbitration shall be shared equally by both parties. Either party may request a review of the arbitrator’s decision by a second arbitrator in accordance with Cummings v. Future Nissan, 128 Cal. App. 4th, 321 (Ca.

App., 3rd Dist., 2005). The requesting party will bear the cost of payment to the second arbitrator.

Section 2 The parties may, by mutual consent, select a mutually acceptable neutral individual to act as a temporary or permanent Arbitrator for disputes arising under the terms of this Agreement.

ARTICLE IX

SENIORITY

Section 1 The Employer recognizes seniority which shall be based upon the length of continuous service, with previous, present and succeeding Employers, according to the Employer's and the Union's records, as an important factor to be considered by it in shift assignments, promotions, demotions, lay-offs, and recalls after lay-offs within the unit.

It is understood, however, that the Employer may also consider efficiency and capability, provided that when these factors are equal, seniority shall prevail.

Section 2 No employee shall acquire any seniority rights until he/she has been continuously employed by the present Employer for a period of thirty (30) calendar days.

Section 3 A break in seniority shall occur in the following events: (a) If an employee quits.

(b) If an employee is discharged for cause.

(c) If an employee takes an unauthorized leave of absence.

(d) If an employee is laid off for more than six (6) months.

(e) If an employee leaves due to military TDY assignment so long as it does not violate the Selective Service Act and the Veterans’ Deployment Act.

Section 4 The Employer shall supply the Union with an up-to-date seniority list which shall be reviewed every six (6) months.

Section 5 Every new employee shall be on probation for a period of ninety

(90) working days and during this probationary period, an employee may be dismissed for any reason considered justifiable by the Employer. Any employee so dismissed shall not have a right to invoke the grievance and arbitration procedure of this Agreement.

However, upon the conclusion of seventy-five (75) days, management will conduct an evaluation, and at its sole discretion, management based upon the results of the evaluation, may remove the employee from probationary status.

ARTICLE X

PROMOTIONS

Section 1 When the Employer determines that a vacancy exists, a notice of the vacancy shall be posted for a period of three (3) calendar days in the normal posting locations. Any employee in the bargaining unit shall be permitted to sign the notice indicating his/her desire to be selected for the position.

Section 2 In effecting a promotion, the Employer will first give consideration to employees of the unit and selection will be made therefrom unless an outside applicant is clearly better qualified.

Section 3 The application of all candidates will be reviewed with full regard given to each candidate's skills, abilities and experience. In making selections for promotion within the bargaining unit, the Employer may consider willingness to relocate as a criteria, however, all other factors being equal, the Employer agrees to promote the most senior employee.

ARTICLE XI

LEAVE OF ABSENCE

Section 1 Personal Leave of Absence

A leave of absence without pay for reasonable cause, as determined by the

Employer, may be granted for a period up to ninety (90) calendar days, with written approval of the employee's Project Manager at least fifteen (15) days in advance of such leave of absence, providing the employee can be spared from his/her regularly assigned job duties. Employees who are away for a period longer than the term of the leave of absence, or who accepts employment elsewhere without permission of the Employer during such leaves of absence, shall be considered to have voluntarily terminated their employment with the Employer. Employees shall not receive holiday pay for any holiday which falls during the period they are on leave without pay.

Employees on leaves of absence without pay shall not receive any accrued vacation for those periods of absence.

Section 2 Military Leave of Absence

(a) The Employer and the Union agree to abide by the provisions of the Selective Service Act, and the Veteran’s Reemployment Act, insofar as the provisions of said Acts apply to the rights of employees and the obligations of the Employer.

(b) Employees who are members of the National Guard and Military

Reserve Units, shall be granted necessary time off, without pay, in order that they may fulfill their military obligations. These employees must notify their Supervisor immediately upon receiving notifications of training period or other obligations requiring a military leave of absence. Employees may elect to use earned vacation benefits (if eligible) during periods of military service.

Section 3 Injury or Sickness Leaves of Absence

An employee desiring leave of absence from his/her employment shall secure written permission from the Employer. The maximum leave of absence shall be for ninety (90) days. Permission for leave must be secured from the Employer with a copy mailed to the Union. Granting of leave of absences shall be for the following reasons: sickness, death in the immediate family, Union activities, and cases considered extreme hardship for an employee or any member of his/her immediate family, military duty, and in the case of compensation injuries or occupational disease.

Leave of absence shall not cause a change in seniority date. If benefits accrue during a year in which a leave of absence is taken, they shall be prorated according to service during that year. Leave of absence for maternity shall be granted in accordance with applicable law.

Section 4 Medical Treatment

The Employer provides Workmen's Compensation coverage for employees who sustain an injury or contract a sickness covered by Workmen's Compensation. The Employer will pay the injured or sick employee the difference between hours actually worked and hours scheduled on the date of the compensable injury.

ARTICLE XII

WAGES

Employees shall be paid wages and fringe benefits in accordance with the schedule of wages identified as Addendum A. The rates of pay and fringe benefits, shall be negotiated between the Employer and designated representatives of the Local Union that has jurisdiction to represent the employees.

ARTICLE XIII

SHIFT SCHEDULING, BASIC WORKWEEK & HOURS OF WORK

All employees shall be assigned to work in accordance with the hours of work and shifts determined by the Employer.

Section 1 Workweek

The regular workweek for employees shall begin at 00:01 Sunday, and shall end at 12 Midnight on Saturday.

The Employer will make every effort in scheduling to ensure that no employee works more than seven (7) consecutive days. Due to the inconsistent tasks and frequency scheduling required by the contracting agency, the Union recognizes the fact that it is impossible to place all of the Employer's employees on a thirty five (35) hour workweek, therefore, the Employer agrees to place as many employees as possible on a thirty five (35) hour, five (5) day per week workweek.

Section 2 Days Off

Notwithstanding instances that trigger an emergency response under Article XV if this Agreement or management’s immediate need to assign overtime, each full time employee shall have two (2) scheduled days off in each regular workweek. The Employer must notify the affected employee at least two (2) calendar days in advance of any change in regular "scheduled days off". Where employees are required to maintain continuous operation of departments or assignments, days off may be fixed or rotated consistent with the requirements of the service. The Employer will make every reasonable effort to arrange work schedules so that a maximum number of employees will be off duty on two (2) consecutive days consistent with operational requirements.

Section 3 Shifts

Shifts for all regular employees shall be established as follows:

(a) Shifts will be established by the Employer to best accomplish the task and frequency schedules.

(b) Employees transferred from one shift to another shall receive at least forty-eight (48) hours notice except during an emergency.

(c) Emergency Discontinuance of Operation

In the event of any emergency (e.g., severe weather conditions) requiring the discontinuance of the Employer's operations, employees will be released from work and/or will be excused from their obligation to report for work in accordance with directive which may be issued by the government agency and which applies to the operation of the government facility.

The Employer shall not be required to pay wages unearned by employees as a result of such discontinuance of operation.

(d) There shall be a fifteen (15) minute rest period during the first half of each employee's shift providing their scheduled workday exceeds five

(5) hours. Such rest periods shall be taken without loss of pay at a work location to be determined by the Employer. Employees scheduled to work five (5) hours or less in any one (1) workday, shall not be granted rest periods.

(e) No employee shall be required to work more than four (4) hours without a lunch period. Meal periods shall be a minimum of one half (1/2) hour and a maximum of one (1) hour and shall be without pay.

The provisions of this Article shall not be construed as a limitation upon the number of hours per day, per week, the Employer may operate business or schedule its employees, nor shall it be construed as a guarantee of the minimum of hours available to employees.

ARTICLE XIV

SHOW UP AND REPORTING TIME

Any employee reporting for work at the regular starting time when he/she has not been notified not to report and for whom no work is provided, shall receive two (2) hours pay at his/her regular hourly rate. Any employee reporting for work at the regular starting time, and who is placed at work, shall be paid for no less than four (4) hours at his/her regular rate, even though four (4) hours have not been worked. If more than four

(4) hours are worked in any one (1) shift, an employee shall receive pay for actual hours worked.Any employee called in outside his/her regular working hours, or on his/her scheduled day(s) off, shall be guaranteed a minimum of three (3) hours pay at the regular rate.

ARTICLE XV

OVERTIME

Overtime shall be paid at the rate of one and one half (1-1/2) times the straight hourly rate. Overtime may be defined as:

(a) All work performed in excess of forty (40) hours in any workweek.

The Employer will distribute overtime work as is necessary, and all such overtime will be distributed in accordance with seniority within a particular class of employees.

ARTICLE XVI

HOLIDAYS

Section 1 Any employee who is absent without an acceptable excuse on the scheduled workday immediately preceding, and/or the scheduled workday immediately following a holiday, shall forfeit his/her right to be paid for such holiday. If an employee is prevented from working on the workday immediately preceding or the workday immediately following a holiday because of illness attested to by a physician, or death in his/her immediate family, such fact shall constitute an acceptable excuse.

(Immediate family shall include spouse, parent, brother, sister, and children).

Section 2 The holidays as listed below will be observed as non-work days.

Whenever such holidays as determined fall on a Saturday and the activity, except those required to operate during holiday periods, may be closed to public business on the preceding Friday, or the succeeding Monday, in lieu of such holidays, then such Friday or Monday, shall be deemed to be a holiday.

(1) New Year’s Day (6) Labor Day

(2) Martin Luther King's Birthday (7) Columbus Day

(3) President's Day (8) Veteran’s Day

(4) Memorial Day (9) Thanksgiving Day

(5) Independence Day (10) Christmas Day

In locations where there are more than ten (10) holidays, the additional holidays shall be specified on the Addendum A, or any amendments thereto.

Section 3 Employees working on a holiday shall receive pay for hours worked that day, plus their holiday pay.

Section 4 Employees not working on a holiday will receive the same pay as they would normally receive on a regular workday.

Section 5 If one (1) of the aforementioned holidays falls within an employee's scheduled vacation, such employee shall receive one (1) additional day of pay.

Section 6 Casual call-in employees shall be defined as all employees working four

(4) or less days per week.

Holiday pay shall be computed as follows:

(a) Regular full time and/or part time scheduled employees shall be paid their normal scheduled number of hours times their hourly wage rate for each of the listed holidays. For example, employees normally scheduled to work eight (8) hours per day, five (5) days per week, shall receive eight (8) hours pay for each holiday. Employees normally scheduled to work four

(4) hours per day, five (5) days per week, shall receive four (4) hours pay for each holiday. Employees required to work on any listed holiday, shall receive straight time pay for their actual hours worked on the holiday, in addition to their holiday pay.

(b) Call-in and/or casual employees shall receive holiday pay based on the following:

In computing the number of hours for which an employee is entitled to compensation, the proportion which the average number of hours worked by an employee during the preceding normal workweek amount to forty

(40) hours shall be applied to eight (8) hours to determine the number of paid hours said employee is entitled to receive. For example, if an employee worked thirty (30) hours during the normal workweek preceding the holiday week, his/her holiday pay would be computed by taking the thirty (30) hours, dividing by five (5), resulting in six (6) hours holiday pay.

Any work performed on a holiday will be paid at the employee's regular rate of pay in addition to the holiday pay.

ARTICLE XVII

VACATIONS

Section 1 Vacation shall not be paid or earned on a pro rata basis, or during a period of lay-off. Vacation pay shall be figured on the basis of the employee's normal workweek for regular employees. Vacation pay for casual employees shall be prorated based on hours worked in the previous year of employment.

Section 2 The Employer shall offer the employees the opportunity to request their vacation in advance for approval. In the selection of vacations, if more than one employee requests the same vacation start date, the employee’s seniority shall be the determining factor. Once the vacation schedule is completed and approved, it can not be arbitrarily changed by the Employer without the employee’s consent.

Employees shall not be required to schedule their vacation in advance, as stated above, but when attempting to get unscheduled vacation approved on short notice, it must be understood that approved vacations on the vacation schedule shall be recognized first in cases where an employee is requesting the same days off as another employee.

Section 3 Employees shall earn vacation hours as outlined in this article. The effective benefit year for vacation accrual begins on the employee’s anniversary date of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility.

Vacation will be accrued as follows:

(a) After one (1) year of service an employee will be entitled to receive 80 hours of vacation on the employee’s anniversary date.

(b) After eight (8) years of service an employee will be entitled to receive 120 hours of vacation on the employee’s anniversary date.

(c) After twelve (12) years of service an employee will be entitled to receive 160 hours of vacation on the employee’s anniversary date.

(e) There will be no pay in lieu of time off for vacation. Employee will not be unreasonably denied requests for vacation time and will be allowed to take all properly requested time off before the employee’s anniversary date or ZWS will allow employee to reschedule the remaining vacation time. However, an employee who is removed from the active payroll shall be provided pay-in-lieu of vacation for all unused earned and vested vacation hours in the employee’s account. In the event of death of an active employee, all earned and vested vacation hours will be paid.

ARTICLE XVIII

OTHER PAID TIME OFF

Section 1 Employees shall be given Paid Time Off (PTO) for sick, civic, personal, and bereavement leave as outlined in this article. All PTO will be paid at the employee’s regular straight time rate of pay.

Section 2 Funeral leave shall be recognized as follows: An employee who has death in his or her immediate family, defined as his or her Mother, Father, Spouse, Son, Daughter, Brother, Sister, Mother-in-law, Father-in-law or a member of his or her immediate family through adoption or guardianship, shall be paid up to and including three (3) days pay at his or her regular rate for time missed within one (1) week of the funeral. Stepparents, Stepchildren, and Grandparents shall be considered immediate family. Employer, at its sole discretion, may require proof of relationship in order to approve leave under this Article. The Employee’s failure to provide such proof may result in the request being denied by the Employer.

Section 3 Employer will provide employees with forty (40) hours of Sick Time that may be used for sick or personal time off. Sick Time will be accrued each payroll from

January till December of each year. For the sole purpose of establishing the date on which accrual will initially begin, accrual will begin on October 1, 2015. There shall be no payout or carry over of Sick Time from one year to the next.

ARTICLE XIX

HEALTH AND WELFARE

Employer shall provide employees “Bona Fide benefits”, including a 401(k) savings plan and a health insurance plan.

Section 1 Each employee shall have the opportunity to opt-out of the Employer health insurance plan on condition that the employee provides proof of health insurance coverage under a bona fide medical plan. All employees must opt-out of the Employer health insurance plan during the period of open enrollment provided for by the Employer provided health insurance plan. Should the employee fail to opt-out within the open-enrollment period or by the effective date of this Agreement, where applicable, the employee shall enroll in the Employer health insurance plan and shall be responsible for all applicable employee contributions, if any, pursuant to the employee’s election(s). Employees who opt out of the Employer healthcare plan, but loose alternative bona fide coverage are required to notify Employer that the coverage has been lost immediately and, if lost due to a qualifying event, will be required to enroll in the Employer provided health insurance plan.

Section 2 Employer shall make contributions equal to f i v e d o l l a r s a n d s e v e n t y - n i n e cents ($5.79) per hour paid to a maximum of 40 hours per week. Effective September 1, 2015 such amount shall increase to six dollars and four cents ($6.04) per hour paid to a maximum of 40 hours per week. Effective September 1, 2016 such amount shall increase to six dollars and twenty-nine cents ($6.29) per hour paid to a maximum of 40 hours per week. Effective September 1, 2017, such amount shall increase to six dollars and fifty-four cents ($6.54) per hour paid to a maximum of 40 hours per week.

Section 3 In the event an employee opts-out of the Employer provided bona fide benefit plan or plans and is due payment for the health and welfare benefits articulated in Section 1, all employees shall have a the option to decide whether payment of the health & welfare benefit will be received as cash on regular payroll checks or be contributed into the Company’s 401 K Savings plan during the open enrollment period for the Employer provided benefit plan. Employees may not change their elections at any other time.

Bargaining unit employees participating in the 401 K Savings plan and

Investment plans become vested in accordance with official plan documents.

Employer retains sole right to administer and control the plan, as it deems appropriate.

ARTICLE XX

HIRING OF EMPLOYEES

Section 1 The Employer may obtain applicants from any and all sources for a particular requirement. All position openings posted for the site will concurrently be provided to the union as a possible source of qualified applicants.

Section 2 Selection of applicants for referral to or for employment on jobs, shall be on a non-discriminatory basis and shall not be based on, or in any way affected by Union membership, bylaws, rules, regulations, constitutional provisions or any other obligation or aspect of Union membership, policies or requirements.

Section 3 As a condition of employment, the Union agrees that all employees will maintain a current means by which they can be contacted to report for work. This requirement is important especially in respect of huge quantities of on-call work at the Employer's premises. This condition is also critical when considering the Employer's requirement for employees to respond and report for work in cases of mass casualties, large scale emergencies and disasters.

ARTICLE XXI

WASH AND WEAR UNIFORMS

The Employer shall provide three (3) initial wash and wear uniforms for each employee to wear. One (1) additional new wash and wear uniform shall be provided to each employee, without cost, every twelve (12) months. The employees shall launder and maintain their uniforms at their own expense.

ARTICLE XXII

MISCELLANEOUS

Section 1 The Employer will provide facilities where all employees may eat their meals at their regularly scheduled times, provided such facilities are made available by the U.S. Government.

Section 2 The Employer agrees to give the International Union a copy of the Employer's written personnel policies and copies of the job descriptions for all classifications in the bargaining unit. If no job description exists for a job classification, it will be immediately negotiated jointly by the Union and the Employer.

Section 3 Supervisors and other personnel outside the bargaining unit shall not regularly perform bargaining unit work so as to replace bargaining unit employees. The parties to this Agreement recognize however, that such activity may be necessary from time-to-time to ensure the efficient and profitable operation of the Employer and therefore, agree that such activity is not violative of the provision to this Agreement.

Section 4 Pay Period and Pay Day. Each calendar month shall consist of two pay periods. The first pay period shall be from the 1st to the 15th, with payday being on the 23rd day of the month. The second pay period shall be from the 16th to the 30th (or 31st), and payday shall be on the 8th day of the following month. All wages and accrued vacation earned but unpaid for an employee who quits with more than seventy two (72) hours’ notice to his/her employer are due and payable on the last day of work.

Section 5 Boot Allowance. Employer will reimburse each employee up to one hundred dollars ($100.00) annually for the purchase of steel toed shoes, which shall be required for work. Employees shall submit proof of payment for steel toed shoes to obtain reimbursement from the Employer.

ARTICLE XXIII

NO STRIKES - NO LOCKOUTS

Section 1 It is the intent and purpose of the parties hereto, set forth herein, this basic Agreement covering wages, hours of work and other terms and conditions of employment to be observed by the parties and to provide a procedure for the prompt and equitable resolution of disputes and grievances arising between the parties.

Accordingly, it is agreed that there shall be no interruptions in or impediments to the Employer's operations, or any stoppages, strikes, or lockouts during the life of this Agreement arising out of such dispute or grievance. Instead, such disputes and grievances shall be peacefully resolved under the grievance procedure provided in Article VIII.

Section 2 It is agreed that in all cases of any unauthorized strikes, slowdowns, walkouts, or any other unauthorized acts of the employees of the Employer, or of any affiliated Local Union and/or District Council, or official thereof, the Union shall promptly undertake to induce employees to return to their jobs and to process any dispute under Article VIII and no liability shall attach to the Union unless, and until, any such unauthorized act has been expressly ratified by the Union.

ARTICLE XXIV

INVALIDITY

In the event that any term or provision of this Agreement shall be declared in violation of federal or state law, or shall, through action of any federal or state legislation become unlawful, such term or provision shall be void and of no effect in that particular jurisdiction. All other terms and conditions of this Agreement shall remain in full force and effect.

ARTICLE XXV

PHYSICAL EXAMINATION

If required by the Contracting Agency, the Employer may require an employee to undergo a physical examination, drug testing and/or Department of Transportation (“DOT”) testing and it shall have the right to select the examining physician, request the physician to conduct specific tests, and to receive a written report from the physician as to his/her findings.

Such reports shall be considered and treated in a confidential manner by the

Employer. The total cost of such physical examinations, exclusive of any treatment given, shall be borne by the Employer.

ARTICLE XXVI

MANAGEMENT CLAUSE

Section 1 The Employer retains the sole rights in its discretion to manage its business to hire, discharge for cause, lay off, assign, transfer and promote its employees; to determine the starting and quitting time and the number of hours to be worked and all other rights and prerogatives subject only to such regulations and restrictions governing the exercise of these rights as expressly provided in this Agreement.

Section 2 The execution of this Agreement shall not create any vested rights in the employees of the Employer and all rights not specifically relinquished by the Employer in this Agreement shall remain the Employer’s.

ARTICLE XXVII

SUCCESSORS AND ASSIGNEES

This Agreement shall be binding upon, and shall inure to the benefit of the parties hereto, their successors and assignees.

ARTICLE XXVIII

SAVINGS CLAUSE

In the event that any term or provision of this Agreement shall be declared in violation of state or federal law, or shall, through action of any federal or state legislation become unlawful, such term or provision shall be void and of no effect in that particular jurisdiction. All other terms and conditions of this Agreement shall remain in full force and effect.

ARTICLE XXIX

SAFETY AND HEALTH

The Employer and the Union agree that they will cooperate in the enforcement of

Health and Safety standards and rules that may be established by the Employer in compliance with OSHA or other statutory regulations.

Section 1 Safety and Health Committee. A Safety and Health Committee, consisting of one (1) member designated by the Union from among the employees, and one (1) member designated by the Employer, shall be established. The Committee shall meet at mutually agreeable times, but not less frequently than once per month. Unless extended by the mutual agreement of all members of the Committee, each meeting of the Committee shall be limited to duration of one (1) hour.

The Committee may consider such matters relating to safety and health as the members designated by the Union and members designated by the Employer mutually agree, and may make recommendations to the Employer regarding such matters. Scheduled work hours lost by the employee members of the Committee shall be with pay, but such time shall not be considered hours worked for the purposes of computing overtime pay.

The deliberations or recommendations of the Committee shall be held in confidence and no evidence; either testimonial or documentary, relating to the deliberations and recommendations of the Committee shall be admissible in any arbitration proceeding conducted in accordance with this Agreement.

Section 2 Drug and Alcohol Program

(a) Definitions

(1) Restricted Period. A “restricted period” means: (i) any time the employee is entitled to compensation from the Employer pursuant to a provision of this Agreement, other than non-work hours for which an employee is entitled to compensation: (ii) any time the employee is present on property owned or leased by the Employer, or to which the Employer has access as a business invitee (whether or not the employee is entitled to compensation from the Employer pursuant to a provision of this Agreement for such time); or (iii) any time an employee is operating a vehicle or equipment owned or leased by the Employer (whether or not the employee is entitled to compensation from the Employer pursuant to a provision of this Agreement for such time).

(2) Drug. “Drug” means marijuana metabolites, cocaine metabolites, amphetamines, opiate metabolites, and phencyclidine (PCP).

(3) Positive Test Result. A “positive test result” means: verified positive drug test result as set forth in the Department of Transportation’s Drug and Alcohol Testing Program (49 C.F.R. Part 40); an alcohol test performed in accordance with the procedures set forth in the Department of Transportation’s Drug and Alcohol Testing Program with a result indicating an alcohol concentration of 0.04 or greater; or refusal to test as defined in the Department of Transportation’s Drug and Alcohol Testing Program.

(b) Disciplinary Penalties

(1) Possession, Sale, Use, or Distribution of Alcohol or a Drug. The possession, sale, or distribution by an employee of alcohol or a drug during a restricted period shall constitute cause for discharge of the employee. The actual consumption or ingestion of alcohol or a drug by an employee during a restricted period shall constitute cause for the discharge of the employee, irrespective of whether the employer elects to test the employee in accordance with Section 25.2(c) and (d) of this Article. The conviction of an employee for any felony with a legal element of which requires proof of the possession, sale, use, or distribution of a drug shall constitute cause for discharge, whether or not such felony occurred during a restricted period.

(2) Positive Test Result for Alcohol or Drugs. Except as otherwise provided in this Section 25.2(b)(2), a positive test result from a test administered in accordance with the procedures of 49 C.F.R. Part 40 shall constitute cause for the discharge of the employee.

(3) Refusal to Test. An employee’s refusal to test, as defined by 49

C.F.R. Part 40, when requested by the Employer in accordance with the provisions of Section 25.2(c) of this Article, will constitute cause for discharge of the employee.

(c) Conditions for Testing

(1) Reasonable Suspicion. The Employer may require an employee to submit to a drug and alcohol testing if the Employer has reasonable suspicion that: (i) an employee has alcohol or a drug present in his body during a restricted period; or (ii) that an employee was in possession of, sold, or distributed alcohol or a drug during a restricted period. For the purposes of the preceding sentence, a “reasonable suspicion” must be based on objective facts, including, but not limited to: (i) observation by the Employer of circumstances consistent with the possession, sale, or distribution of alcohol or a drug; (ii) observation by the Employer that the employee is exhibiting irregular behavior, slurred speech, uncoordinated movement, gait stupor, excessive giddiness, unexplained periods of exhilaration an excitement, impaired judgment; or (iii) detection by the Employer of the odor of alcohol on the employee’s breath.

(2) Post Accident Testing. The Employer may require an employee to submit to a drug and alcohol testing if the employee is involved in an accident during a restricted period.

(d) Testing Methodology

All drug and alcohol testing shall be conducted in conformity with the procedures set forth in 49 C.F.R. Part 40.

Section 3 Compliance with the American with Disabilities Act. Notwithstanding any other provision of this Agreement to the contrary, the Employer may take any action that it, in its discretions, deems is necessary to comply with the American with Disabilities Act.

Section 4 Possession of Weapons. It is understood between the Employer and the Union that, as more fully stated in the employee handbook, possession of any weapon at the worksite by an employee will result in disciplinary action, up to and including immediate termination of employment, to the extent provided by law. It is further understood that should there be a violation of law; the Employer will refer the situation to the appropriate law enforcement agencies.

Section 5 Workplace Violence. It is understood between the Employer and the Union that, as more fully stated in the employee handbook, there is zero tolerance for all acts or threats of violence.