Amendment 1_CBA_Jul 20.pdf

THIS AGREEMENT is entered into as of the 1st day of July 2020 between

OPTECH MONETTE, LLC, 2370 Justin Trail, Aipharetta, GA 30004 (hereinafter referred to as the “Company”), and the INTERNATIONAL UNION OF

OPERATING ENGINEERS, LOCAL 68-68A-68B, affiliated with the AFL-CIO, 11 Fairfield Place, West Caldwell, NJ 07006, (hereinafter referred to as the

“Union”).

WHEREAS, the parties hereto desire to establish the standards and hours of labor, rates of pay, and other conditions under which the employees classified herein shall work for the Company during the life of this Agreement and thereby promote a relationship between the parties hereto providing more harmonious cooperation and mutual benefits;

THEREFORE, in consideration of the performance in good faith by both parties, individually and collectively, of the terms and conditions of this

Agreement, and intending to be legally bound, thereby, the parties agree to and with each other as follows:

SECTION I -RECOGNITION OF THE UNION

The Company recognizes the Union as the exclusive collective bargaining representative for all maintenance electricians, maintenance mechanics, sewage plant operators, and laborers, as listed in Section XII, employed by the Company performing services in their respective crafts or trades for the operations and maintenance services provided to the Joint Base MDL Tertiary Wastewater

Treatment Plant in New Jersey and its associated pumping stations: excluding managers, supervisors, quality control inspectors, office clerical employees, environmental specialists, and all other employees. The parties agree that for all additional work covered by this Agreement issued to the Company, the Union will be given the right of first refusal to perform such work as long as the proffered employee meets essential qualifications for the work. This shall include all Indefinite Quantity and Davis-Bacon work.

SECTION Il-UNION SECURITY & DUES DEDUCTION

It shall be a condition of employment that all employees covered by this

Agreement who are members of the Union in good standing on the effective date of this Agreement shall remain members in good standing, and those who are not members on the effective date of this Agreement shall, on or after the 30th day following the effective date hereof, become members in good standing in the

Union. In the event that any employee fails to comply with the requirements of this section to the extent of tendering customary dues and initiation fees, Company shall summarily discharge that employee upon receipt of written demand thereof from the Union.

Whenever additional employees are required, the Company shall notify the Union, and the Union shall assist the Company in obtaining qualified and competent employees. The Company will consider all applicants referred by the

Union, but retains the right to hire employees, from whatever source they are generated. Whenever an employee is hired or rehired, Company shall within thirty (30) days notify the Union in writing of the name and address of said employee.

Effective as of the first of the month following the date of signing of this

Agreement, the Company agrees, that on an employee’s written authorization, on a form mutually agreed to, and subject to the provision of Section 302 (c) of the Labor Management Relations Act of 1947, and the amendments thereto, to deduct from the pay of such employee all regular dues and initiation fees levied in accordance with the Constitution and By-Laws of the Union, and remit same to the Union. Dues will be forwarded to the Union on the 15th of the following month that they are deducted.

The Union agrees to furnish the Company with a memorandum showing the amount of dues payable as members of the Union by each of the employees covered by this Agreement. Likewise, Union agrees to furnish Company with a memorandum showing the amount of initiation fees, if any, payable by each new member covered by this Agreement. Upon receipt of such memoranda and upon receipt of a signed authorization from the employee, Company agrees to deduct dues and initiation fees from the wages or salaries of the respective employees pursuant to the aforesaid memoranda. The check-off authorization card to be executed and furnished to the Company by the Union and the employees shall be the official Union authorization for check-off of dues, a copy of which shall be attached and made a part of this Agreement as Appendix “A”. No other_form shall be accepted by the Company unless the substitute is mutually agreed to by the parties.

It is expressly understood that the Company assumes no liability and shall not be liable for the collection or a payment to the Union of any dues or initiation fees during any period of time that an employee is not actually working for the

Company and is not actually on the payroll of the Company.

Before taking any deduction, the Company shall be furnished with the original deduction authorization card duly signed by the employee.

The Union will defend, indemnify, and save harmless the Company again from any and all claims, demands, liabilities and disputes arising purpose of complying with this Section.

The Company will remit to the Union all deducted dues monies no later than the 15th of the month following the month for which dues were deducted.

If dues remittances have not been received by the Union in full within 30 days from the 15th of the month following the month for which the dues were deducted, the Union may bypass the grievance procedure and file directly for arbitration. Notwithstanding anything in this Agreement to the contrary, if the

Arbitrator finds that the Company was delinquent in transmitting deducted dues payments to the Union, the Arbitrator shall award interest, 20% of the delinquent amount to the Award as liquidated damages, and shall hold the Company liable for the full cost of the Arbitration, including the Union’s attorney fees.

SECTION III - SENIORITY

Employees hired after the execution date of this Agreement shall be on a probationary period for sixty (60) days. Probationary employees may be dismissed without cause and without resort to the grievance or arbitration procedures. Upon completing probation, an employee shall have full seniority retroactive to his most recent date of hire at this site. Any absence from work during this probationary period will, at the Company’s option, extend the period for those days missed. Designated stewards shall have super seniority.

In the event two (2) employees have the same original date of employment, seniority will be determined by the last four (4) digits of the social security number with the employee having the lower last four (4) digits of the social security number being considered as having the greater seniority.

Unless otherwise indicated, in all applications of seniority under this

Agreement where present skill, ability and qualifications are determined by the

Company to be sufficient to meet the requirements of the available work, seniority shall be the determining factor. Seniority for the purpose of promotions, will be recognized first by classifications and after this is exhausted, it will be recognized unit wide.

The principal of job seniority shall prevail in all cases of layoff and rehires;

vacations, and demotions, provided the remaining or recalled employees can reasonably perform the required work, excluded union referenced working supervisory position, which shall be selected by Management to best fill business needs without following seniority.

Seniority shall be unit wide for applications conducive to such. It shall be recognized by classifications for purposes of scheduling vacation. The Company will send notice of recall from layoff by telegram, registered or certified mail to the employees last known address. Employees must report to work within five

(5) days after receipt. Notices returned with no forwarding address will be considered a declination to return to work.

In addition to other reasons which may be referenced elsewhere in this

Agreement, seniority and the employment relationship shall be broken and terminated when an employee:

(a) Quits;

(b) Retires;

(c) Is discharged for just cause;

(d) Is absent for one (1) day without notifying the immediate supervisor or plant manager;

(e) Fails to return to work within five (5) working days of receipt of notice of recall to work;

(f) Is on continuous layoff for a period of twelve (12) months or length of employment whichever is less;

(g) Fails to notify the Company no later than three (3) working days prior to the end of an extended leave of absence of his desire to be reinstated, or fails to report to work at the termination of any leave of absence;

(h) Accepts other employment while on leave of absence;

(i) Is terminated as a result of cessation of all or part of the Company’s operations;

(j) Employee accepts another position outside the bargaining unit at a lower position while on layoff;

(k) Employee accepts another position outside the bargaining unit while actively employed or on layoff;

(1) Falsifies the reason given for a leave of absence;

(m) Absences due to illness for a period of more than one year.

It is the responsibility of the employee to immediately notify the

Company, in writing, of any changes in address or telephone number. The failure of an employee to take action to insure that such information is current shall remove from the Company any and all liability under this Agreement in matters wherein such information is integral to the fulfillment of a Company obligation or responsibility.

When employees in the bargaining unit covered by this Agreement, at the discretion of the Company, are promoted to positions outside the bargaining unit, they will retain and accumulate seniority for a period of three (3) months, during which period such employees may, at the discretion of the Company, be allowed to return to the bargaining unit. In such event, the employee may only return to the job he left. If at the conclusion of the three (3) months, the employee is outside the bargaining unit, he will lose all seniority rights under this

Agreement.

SECTION IV-BULLETIN BOARDS

The Company shall provide suitable bulletin board space for the use of the

Union for the posting of notices of meetings, bulletins and other Union matters.

Said space shall be provided on bulletin boards located in areas mutually agreed to by the parties.

The Union agrees that the bulletin board space so provided shall not be used for the posting of anything derogatory to the Company, its management, its employees, or its customers and the Company reserves the right to remove any such derogatory posting. All notices posted must bear the approval for posting by the appropriate local union representative and are subject to immediate removal by the Company if not so approved and signed.

SECTION V -POLITICAL ACTION COMMITTEE CHECK-OFF

The Company agrees to deduct from each employee the sum of four dollars and thirty three cents ($4.33) per month (or fifty-two dollars ($52.00) per year) and to forward that amount to the Engineers’ Political Action Committee, provided that such employee has first filed with the Company an individual voluntary written authorization to make such deduction. See Appendix B. This authorization is voluntarily made on the specific understanding that the signing of this authorization and the making of payment to the Engineers’ Political

Action Committee are not conditions of membership in the Union or of employment with the Company, and the Engineers’ Political Action Committee will use the money it receives to make political contributions and expenditures in connection with federal, State and local elections.

SECTION VI- DISCIPLINE OR DISCHARGE OF EMPLOYEES

An employee may be disciplined or discharged for just cause, which includes but shall not be limited to the following:

(a) Dishonesty or deception in any form, such as falsification of documents, fraud and misuse of time records.

(b) Intoxication and/or being under the influence of drugs or alcohol during working hours.

(c) Use, possession, and/or distribution of alcohol or drugs during working hours and/or on the Fort Dix facility or its pump stations.

(d) Unauthorized possession of firearms and/or explosive.

(e) Sexual harassment of other employees, customer employees or vendors.

(f) Theft of property.

(g) Working for and/or providing information to a competitive company.

(h) Insubordination unless provoked by a supervisor.

(i) Fighting or unprovoked assault on an employee, customer or others.

(j) Employees may be immediately discharged without warning for violating items (a) - (i) listed above.

The Company shall not discharge nor suspend any employee, until the case has been discussed with the Business Agent or Shop Steward, except where the provisions of this Article provide for immediate discharge. A representative of the Union must be in personal contact with the Company within twenty-four

(24) hours after notice by facsimile to the Union of the discharge or suspension, delivered during normal working hours from Monday through Friday inclusive.

If there is no response by a Union representative within the twenty-four (24) hour period, the Company may take appropriate action subject to appeal through the grievance procedure. Other than for those offenses listed in items (a)

- (i) above, before a discharge or suspension, the Company must first have given at least one (1) verbal reprimand which will be documented in writing, and one

(1) written warning notice of the complaint against such employee to the employee, with a copy to the Union and the Shop Steward.

Any warning notice as herein provided shall not remain in effect for a period of more than twelve (12) months from the date of said warning notice.

Discharge must be for just cause with written notice to the employee and the

Union. Any employee may request that the Union investigate their discharge, suspension, or warning notice. Should such investigation reveal that an injustice has been done to an employee, they shall be reinstated as provided for in this

Agreement, or the warning notice withdrawn.

Upon discharge, or quitting, the Company shall pay all money due to the employee on the payday of the Company following such quitting or discharge.

The enforcement and establishment of reasonable uniform rules and regulations with respect to disciplinary action or company procedures may be implemented by the Company provided they do not conflict with the provision of this Agreement, with a copy immediately sent to the Union. If the Union objects, the Union may request a meeting with the Company to discuss the matter.

SECTION VII- ADJUSTMENT Of GRIEVANCES

In order to establish effective machinery for a fair, expeditious, and orderly adjustment of grievances, an employee who believes that he/she has been unfairly dealt with or that any provision of this Agreement has not been properly applied or interpreted may present his/her grievance to be settled by the following procedures:

Step 1. An employee who believes he has a grievance shall discuss it with his supervisor, within five (5) days (excluding Saturdays, Sundays and

Holidays), after the occurrence of the facts giving rise to the grievance in an attempt to settle the grievance. The supervisor will have two (2) working days, not to include scheduled days off, to respond to the employee or steward. A

Union steward may be present at such presentation or may present the grievance on behalf of the employee.

Step 2. If the matter is not resolved in Step 1, the grievance shall not later than twelve (12) days (excluding Saturdays, Sundays and Holidays) after the occurrence of the facts giving rise to the grievance, be reduced to writing, setting forth the facts in detail and specifying the Article and Paragraph allegedly violated, and signed by the aggrieved employee and the steward and shall be submitted to the site Assistant Project Manager or his designee. The

Assistant Project Manager or his designee will have seven (7) days (excluding

Saturdays, Sundays and Holidays) from the date the grievance was presented to him to answer, in writing, the aggrieved employed with a copy to the steward.

Step 3. If the grievance is not resolved in Step 2, the Local Union

Business Representative or his designee will request, in writing, review of the grievance by the Site Project Manager or his designee within seven (7) days

(excluding Saturdays, Sundays and Holidays) of the denial by the site Assistant

Project Manager or his designee. The Site Project Manager or his designee shall respond in writing within ten (10) days (excluding Saturdays, Sundays and

Holidays) of the presentation of the grievance.

Step 4. If the grievance is not resolved in Step 3, the Local Union

Business Representative or his designee within ten (10) days (excluding

Saturdays, Sundays and Holidays) of the denial by the Site Project Manager or his designee, will submit the grievance, in writing, to the Company Vice

President, Labor Relations, or his designee.

The Company Vice President, Labor Relations or his designee, and the

Local Union Business Representative will review the grievance at a mutually convenient time and/or place.

Grievances which have been processed in accordance with the requirements of the above Paragraphs and which remain unsettled shall be processed to arbitration in accordance with the following procedures and limitations:

The union, within ten (10) days (excluding Saturdays, Sundays and

Holidays) after the rejection of the grievance by the Vice President, Labor

Relations or his designee, will in writing, notify the Company of its intent to invoke arbitration, and the Company and the union will jointly attempt to agree upon the selection of a neutral arbitrator to hear the case. Should the parties fail to agree upon the selection of an arbitrator, the Union will request the American

Arbitration Association (AAA) to supply a list of seven (7) arbitrators to hear the case. A copy of this request will be sent to the Company. This request will be made within five (5) days (excluding Saturdays, Sundays and Holidays) after failure of the parties to agree upon an arbitrator. An arbitrator will be selected from the list supplied by the American Arbitration Association (AAA) by the parties alternately striking from the list until one name remains and this individual will be the arbitrator to hear the case.

The arbitrator may make such investigations as he/she deems proper and may examine the witness or witnesses of each party. Each party shall have the right to cross examine the witness or witnesses of the other party. When an investigation is conducted by the arbitrator, he/she shall be accompanied by at least one (1) representative of the Company and the Union.

The decision of the arbitrator shall be submitted in writing and shall be final and binding to all parties to this Agreement. Unless written authority is given, the decision shall be made within thirty (30) days following the close of the hearing. Each party hereto shall bare the expenses of preparing and presenting its own case. The cost and all expenses of the arbitrator and facility shall be borne equally by the parties.

The arbitrator’s authority shall be limited to finding a direct violation of the express purpose of the contract provision or provisions in question other than an implied or indirect purpose. The arbitrator cannot modify, amend, add to, detract from or alter the provisions of this contract nor substitute his/her judgment for that of management.

Any grievance involving discharge, layoff or other potential accumulating back pay liability shall be commenced at Step 2 of this procedure and the written grievance shall be presented to the Assistant Project Manger in charge of the operation, or in his/her absence, to his/her designee within five (5) days

(excluding Saturday’s, Sunday’s and Holiday’s) after the occurrence of the facts giving rise to the grievance.

Any grievance shall be considered null and void if not filed and processed by the Union, or the employees represented by the Union, in strict accordance with the time limitations set forth above. There shall be no recognition of a continuing grievance so as to frustrate the intent of strict adherence to these time limitations. Failure of the Company to act within the time limit set forth in any step shall entitle the Union to proceed to the next step of the grievance procedure. In a particular case any time limit specification may be extended by mutual agreement between the Company and the Union. The party requesting the time limit extension will confirm, in writing, the agreed-upon extension date(s) to the other party for signature.

SECTION VIII- BUSINESS REPRESENTATIVES

The duly authorized Business Representative, Officer of the Union, Shop

Steward, or Assistant Shop Steward shall, upon reasonable notice to the Project

Manager, except in the cases of discipline and discharge, be permitted to enter the Company’s premises during all working hours for the purpose of adjusting complaints or ascertaining whether Union standards are maintained, and whether this Agreement is being performed. Such visitation shall not, however, interfere with an employee’s performance of his/her job duties.

When a Union Shop Steward or Assistant Shop Steward must conduct

Union business during his normal working shift, he will be paid his normal rate of pay.

SECTION IX -WAGES

On the effective date listed, the hourly rates of pay by classification or position shall be as follows:

POSITION CURRENT 10/01/20* 10/01/21* 10/01/22*

Electrician $38.33 $39.29 $40.27 $41.28

Lead Mech $31.71 $32.50 $33.31 $34.14

Operator $29.98 $30.73 $31.50 $32.29

Collection System/ Operator $30.25 $31.01 $31.78 $32.57

Lead Operator $31.75 $32.54 $33.35 $34.18

*First full pay period in the indicated month.

Operators who obtain a higher license will receive a lump sum payment of

$250.00.

SECTION X - WORK WEEK, WORK DAY, AND OVERTIME

Eight (8) consecutive hours, exclusive of lunch period, shall constitute a normal day’s work for the 7:00 am to 3:30 pm (shift 2). Forty (40) hours, consisting of five (5) consecutive days of eight (8) hours each, shall constitute a normal work week. Time and one-half shall be paid for all time worked in excess of the employees regular scheduled work day or forty (40) hours in any one week.

For all shift-working personnel, working 3:00 pm to 11:00 pm and 11:00 pm to 7:00 am (shifts 3 and 1), forty (40) hours, inclusive of lunch, within a seven

(7) day period will constitute a normal week’s work. Each workday will consist of eight (8) hours, inclusive of lunch. Time and one-half shall be paid for all time worked in excess of the employees regular scheduled work day or forty (40) hours in any one week, inclusive of lunch. The normal work week shall consist of five (5) consecutive days. Full-time employees who are required to work on a holiday shall be paid at one and one-half times (1 ½x) their regular hourly rate for work performed on said holidays in addition to their holiday pay.

Holidays and vacation shall count as time worked for the calculation of over time pay.

Full time employees will have first work rights to all scheduled overtime and shift fills and/or replacements.

SECTION XI- SICK LEAVE/PAID TIME OFF

The Company shall grant full time employees covered under this

Agreement who have completed one (1) year of continuous service, one day (1) day of sick leave/paid time off with each month of continuous service up to a maximum of twelve (12) days paid sick leave per year. Sick Leave/Paid Time off is accumulative and can be carried over from one (1) year to the next year. The employee will notify his supervisor at least two (2) hours prior to his starting time in case it is necessary to be absent because of illness. The employee, if requested by the Company, shall present a doctor’s statement after three (3) continuous days of illness. The Company reserves the right to require a doctor’s statement more frequently in the case of suspected abuse. One day of sick leave equals 8 hours. Sick leave is computed by multiplying the number of sick days authorized times 8 hours. Maximum payable sick leave is ninety-six (96) hours per year for five (5) years service.

Sick Leave/Paid Time Off may be used for doctor’s appointments, etc.

Employees using Paid Time Off must request prior approval at least two (2) days prior to the requested day off when feasible. Employees assigned to Fort Dix on shifts will submit their request seven (7) days in advance when feasible.

Paid Time Off will be approved for no less than two (2) hour increments and one half (1/2) hour increments thereafter.

Sick Leave/paid Time Off will be calculated based on length of service accumulated as of the employee’s anniversary date of the employee’s last date of hire whether by the Company or prior Contractor.

SECTION XII - VACATION

An employee who has been in the employ of the Company for one (1) year shall upon his first vacation eligibility date, be entitled to eighty (80) hours paid vacation. After five (5) years, one hundred and twenty (120) hours paid vacation.

After ten (10) years, one hundred and sixty (160) hours paid vacation. The term

“vacation eligibility date” means the anniversary date of the employee’s last date of hire at the site whether by Optech Monette, LLC or prior contractor. An employee earns a vacation only upon his vacation eligibility date. One week’s vacation equals 40 hours. Vacation is computed by multiplying the number of vacation weeks authorized times forty (40) hours. Maximum vacation is 160 hours per year, if over 10 years of service. Any employee terminating employment for any reason other than just cause or termination of contractor shall receive all earned and accrued vacation time. Part time employees shall be entitled to proportionate vacation based on hours worked and will be paid for all vacation time on the books on the last paycheck of the calendar year. Full time employees shall be able to carry over half of their vacation time to the following year, and may have a maximum of one and a half times their annual vacation allotment on the books at any given time. Employees who have time on the books in excess at the time of ratification shall maintain said time.

Whenever an employee leaves, provided he/she gives a requisite notice in accordance with Section XXI, Miscellaneous, Paragraph 1, he/she shall receive any earned, unused vacation pay. A holiday occurring during an employee’s vacation period shall be treated as a holiday rather than a vacation day; that is, an employee does not use up a vacation day when it coincides with a holiday. If the Company and the employee agree, however, the Company may pay the employee in lieu of taking an additional vacation day in such circumstances.

The Company retains the right to schedule vacations in such a way as will least interfere with the workload and efficiency of its operations, but will attempt to reach a mutually convenient schedule with each employee. Any request for vacation must be written and approved at least fifteen (15) days in advance of any planned vacation. Vacations may be scheduled with only twenty-four (24) hours notice for special needs or emergencies but require the agreement of management and the Union that the emergency and/or special need is valid. If an employee’s request is denied, such employee shall be expected to reschedule the vacation. Upon approval by area Manager/Supervisor, all vacation requests will be forwarded to the Project Management Office for final approval and the employee will be notified within three (3) business days. If there is a conflict between (2) or more employees within the same job classification for a given vacation period and all other factors are judged equal by the Company, the senior employee shall be given the first choice of vacation time.

SECTION XIII - HOLIDAYS

The following days shall be deemed paid holidays regardless of the day of the week same may fall upon:

New Year’s Day Veterans Day

Memorial Day Thanksgiving Day

Independence Day Day After Thanksgiving

Labor Day Christmas Day

Four (4) floating holidays

For those employees who do not work shift work, holidays which fall on non-work days will be observed as follows:

If a holiday falls on a Saturday, it will be observed on the preceding

Friday.

If a holiday falls on a Sunday, it will be observed on the following

Monday..

SECTION XIV - JURY DUTY

An employee in the bargaining unit required to serve as a juror will receive the difference between the pay he received for such services and his regular hourly rate for all time lost from his regularly scheduled shift while in such duty, up to a maximum of one (1) month per calendar year. It is the responsibility of the employee to furnish proof of all jury hours served.

It is agreed that employees who report for jury duty and are dismissed, shall promptly report to work for the remainder of the employee’s working day, provided there are at least two (2) hours remaining in the scheduled work day.

SECTION XV - FUNERAL LEAVE

Any employee who is absent from work because of death in the immediate family (defined as spouse, children or step children, father, mother, sister, brother, daughter, son, mother-in-law, and father-in-law and employee’s grandparents or grand children) shall be granted a leave of absence with pay at his/her straight time hourly rate, up to five (5) working days.

SECTION XVI- NO STRIKE/NO LOCKOUT -

CONTINUITY OF OPERATIONS

During the life of this Agreement, the Union collectively and each employee agrees that there shall be no strike, sympathy strike, work stoppage, picketing, or other like interference or interruption with the Company’s business and there shall be no lockout on the part of the Company. Any employee who violates the terms of this Article shall be subject to disciplinary action, up to and including termination of employment.

SECTION XVII- NON-DISCRIMINATION

The Company and the Union agree not to discriminate against any persons covered by this Agreement on account of race, color, national origin, sex, age, religion, personal disability, veteran status, nor union affiliation.

It is further agreed not to discriminate against an employee or applicant for employment because of physical or mental disability with regard to any position for which the employee or applicant is qualified. The union understands that the Company has a commitment to act affirmatively in providing access to employment, benefits and other provisions of the contract as stated herein above.

SECTION XVIII- SUCCESSORS AND ASSIGNS

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

SECTION XIX- ANNUITY FUND

The Company contributes to Local 68 Engineers” Union Annuity Fund the sum of three dollars and twenty-five cents ($3.25) per hour to all employees for all hours worked to include overtime, vacations, holidays and paid leave.

Effective October 1, 2020, the Company shall contribute to Local 68 Engineers’

Union Annuity Fund the sum of three dollars and forty-five cents ($3.45) per hour to all employees for all hours worked to include overtime, vacations, holidays and paid leave. Effective October 1, 2021, the Company shall contribute to Local 68 Engineers’ Union Annuity Fund the sum of three dollars and sixty five cents ($3.65) per hour to all employees for all hours worked to include overtime, vacations, holidays and paid leave and effective October 1, 2022, the

Company shall contribute to Local 68 Engineers’ Union Annuity Fund the sum of three dollars and eighty five cents ($3.85) per hour to all employees for all hours worked to include overtime, vacations, holidays and paid leave..

The Company will forward contributions to the Annuity Fund by the 15th of the month following the month for which the contributions are owed. If payments have not been received in full by the Funds Office within 30 days from the 15th of the month following the month for which contributions are owed, the

Union may bypass the grievance procedure and file directly for arbitration.

Notwithstanding anything in this Agreement to the contrary, if the Arbitrator finds that the Company was delinquent in making benefit contributions, the

Arbitrator shall award interest, 20% of the delinquent amount to the Award as liquidated damages, and shall hold the Company liable for the full cost of the

Arbitration, including the Union’s attorney fees.

SECTION XX - HEALTH AND WELFARE, EDUCATION,

PENSION, AND EMPLOYEE ASSISTANCE FUNDS

All full-time employees after thirty days (30) of employment shall be eligible to participate in the Company Health Plan in accordance with the requirements set forth in the Company Plan.

The Company shall continue to pay to Local 68 Engineers’ Union Welfare

Fund for all full-time employees. The Company contributes to the Local 68

Engineers’ Welfare Fund for all full-time employees the sum of ten dollars and fifteen cents ($10.15) per hour for all compensated hours. Effective October 1, 2020, the Company shall contribute to the Local 6$ Engineers’ Welfare Fund for all full-time employees the sum of ten dollars and sixty-five cents ($10.65) per hour for all compensated hours. Effective October 1, 2021, the Company shall contribute to the Local 68 Engineers’ Welfare Fund for all full-time employees the sum of eleven dollars and fifteen cents ($11.15) per hour for all compensated hours and effective October 1, 2022, the Company shall contribute to the Local 68

Engineers’ Welfare Fund for all full time the sum of eleven dollars and sixty five cents ($11.65) per hour for all compensated hours. Said contributions shall not exceed a maximum of eight (8) hours per day, or forty (40) hours per week.

Health and Welfare payments will be forwarded to the Union on the 15th of the following month that they are deducted.

In the event the Health and Welfare costs exceed the rate specified in the

Agreement, the Company and the Union agree to meet and discuss a method of reducing future wage increases to increase the Health and Welfare rates.

In the event the Trustees determine the contribution amounts needed to maintain benefits should be less than the amounts specified above, it is understood and agreed that the difference will be allocated to wages or other fringe benefits provided to the employees covered by this Agreement.

The Company contributes four dollars and thirty five cents ($4.65) per hour worked up to a maximum of forty (40) hours to the Company sponsored savings plan for any part-time or per-diem employee covered by this Agreement.

Effective October 1, 2020, the Company will contribute four dollars and seventy five cents ($4.75) per hour worked up to a maximum of forty (40) hours to the

Company sponsored savings plan for any part-time or per-diem employee covered by this Agreement. Effective October 1, 2021, the Company will contribute four dollars and eighty five cents ($4.85) per hour worked up to a maximum of forty (40) hours to the Company sponsored savings plan for any part-time or per-diem employee covered by this Agreement and Effective

October 1, 2022, the Company will contribute four dollars and ninety five cents

($4.95) per hour worked up to a maximum of forty (40) hours to the Company sponsored savings plan for any part-time or per-diem employee covered by this

Agreement

The Company contributes to Local 6$ Engineers’ Union Pension Fund for all full-time employees the sum of two dollars and fifty-five cents ($2.55).

Effective October 1, 2020, the Company shall pay to the Local 68 Engineers’

Pension Fund for all full-time employees two dollars and seventy-five cents

($2.75) per hour. Effective October 1, 2021, the Company shall pay to the Local

68 Engineers’ Pension Fund for all full-time employees two dollars and ninety five cents ($2.95) per hour and effective October 1, 2022, the Company shall pay to the Local 68 Engineers’ Pension Fund for all full-time employees three dollars and fifteen cents ($3.15) per hour. Said contribution shall not exceed a maximum of eight (8) hours per day, or forty (40) hours per week.

Education Fund: The Company agrees to fund for each full time licensed employee $300.00 per year to fulfill the New Jersey Department of

Environmental Protection (NJDEP) annual licensing requirements for the operation of the Waste Water Facility. Effective September 1, 2020, the Company agrees to fund for each licensed employee $300.00 per year to fulfill the New

Jersey Department of Environmental Protection (NJDEP) annual licensing requirements for the operation of the Waste Water Facility. Effective September

1, 2021, the Company agrees to fund for each licensed employee $300.00 per year to fulfill the New Jersey Department of Environmental Protection (NJDEP) annual licensing requirements for the operation of the Waste Water Facility and

September 1, 2022, The Company agrees to fund for each licensed employee

$300.00 per year to fulfill the New Jersey Department of Environmental

Protection (NJDEP) annual licensing requirements for the operation of the Waste

Water Facility. In accordance with Company policy.

Employee Assistance Program: During the term of this Agreement, the

Company shall pay to the Local 68 Employee Assistance Program, one dollar

($1.00) per week for each covered employee who received some wage payment that week.

The Company will forward contributions to the Pension, Education, Welfare, and Employee Assistance Funds by the 15th of the month following the month for which the contributions are owed. If payments have not been received in full by the Funds Office within 30 days from the 15th of the month following the month for which contributions are owed, the Union may bypass the grievance procedure and file directly for arbitration. Notwithstanding anything in this Agreement to the contrary, if the Arbitrator finds that the

Company was delinquent in making benefit contributions, the Arbitrator shall award interest, 20% of the delinquent amount to the Award as liquidated damages, and shall hold the Company liable for the full cost of the Arbitration, including the Union’s attorney fees.

SECTION XXI - MISCELLANEOUS

1. Employees under this Agreement shall give at least two (2) weeks notice of intention to leave their position. If a substitute satisfactory to the

Company is found previous to the expiration of one (1) week, he may then leave his position at such time the substitute is available.

2. Payroll periods begin on Sunday at 11:00 pm. and ends on Sunday at 10:59

pm. All personnel will be paid every other week or 26 times per year.

Payday will be on Fridays with direct deposit.

3. All available vacant positions must be posted on all bulletin boards for one (1) week period, prior to seeking outside hires to fill a vacant position.

4. Supervisors shall have the ability to perform bargaining unit work consistent with past practice.

5. Bargaining unit workers shall have first call for all shift and/or overtime work.

6. The Company agrees to replace personal, worn, or broken tools.

7. The Company will, when possible, provide a seven (7) day notice of a change in shift schedule.

8. All employees are required to report to work in uniform. Uniforms are defined as Company furnished long pants and long or short sleeve shirts.

Short pants can be worn with pre-approval of management. This pre approval will be based on assignment and risk involved. In all cases, if an individual is approved for short pants, that person will have on site a set of long pants, in case a change in task assignment requires long pants. All short pants will be furnished by the employee. The Company will furnish eleven (11) shirts with Company insignia and first name of employee.

They will also furnish eleven (11) long pants. The Company will furnish two (2) winter coats and winter coveralls. Uniforms will be replaced each year based on wear and tear. Uniforms are the property of the Company and will be returned to Company at time of termination.

9. The parties recognize the obligation of the Company to insure that its employees are neat and properly dressed in Company issued uniforms at all times. Employees will insure that shirts are properly tucked in at all times. While working outside, employees are permitted to wear company issued t-shirts. While working inside employees shall wear a company issued collared shirt. Failure to observe these standards will result in appropriate discipline.

10. On effective date of this Agreement, the Company will allow $125 per calendar year toward the purchase of steel toe safety boots or other work boot suitable for the working position. The employees shall provide a receipt for the purchase.

11. A fifteen (15) minute wash up time will be allowed prior to the end of each shift.

12. Saturday and Sunday pump station checks shall be paid at a minimum of two (2) hours in accordance with Section X.

13. Emergency off shift call backs, such as a blockage or electrical problem, will be paid a minimum of 3 hours pay at time and one half. If the call back occurs during a holiday, the pay rate will be two-and-a-half (2 1/2) times the hourly rate.

14. Employees will be entitled to two 15 minute breaks per working shift one of which shall be added to the half hour lunch period on shift two. The exact time may be flexible depending on the job being performed. On exceptionally hot days, black flag days at the Fort Dix Facility, additional breaks will be provided.

15. Confined Space work rules require that all workers shall have valid confined space cards; and that one (1) worker (at least) have a valid CPR and First Aid course card.

16. The Company will pay the cost of physical exams or other costs associated with maintaining or upgrading a valid CDL, with endorsements, for the purposes of operating Company vehicles such as the jet vac.

17. The Company shall pay the cost of one pair of OSHA approved safety glasses per contract year with said cost not to exceed $125.00

SECTION XXII - FAMILY/MEDICAL LEAVE OF ABSENCE

The provisions of the Federal Family Medical Leave Act shall apply and govern the parties and all employees.

SECTION XXIII - MILITARY LEAVE OF ABSENCE

(a) The Company 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 Company.

(5) 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 shall 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 XXIV - COMPANY REGULATIONS

Any rules, regulations or directives which are now in effect, or which may be later imposed upon the Company by its Client, Fort Dix Contracting Office, or any other Governmental Agency having jurisdiction will apply with equal force and effect to the employees hereunder. Employees are also required to adhere to

Company Rules and Regulations that are not in direct conflict with any provisions of this Agreement. Copies of Rules and Regulations so imposed will be made available to the Union prior to implementation unless impractical to do so.

SECTION XXV - MANAGEMENT RIGHTS

Management’s rights include, without limitation, the following: to direct, control and schedule its operations and workforce; to make any and all decisions affecting the business; to discipline and discharge employees for just and reasonable cause; to hire, promote, lay off, assign, classify, evaluate, and transfer employees; to select and determine the number of its employees, including the number assigned to any particular work; to determine the starting time and quitting times, and the number of hours per day and shifts to be worked; to determine the location(s) and method(s) of operation; to schedule overtime work;

to install or move equipment, to transfer, relocate, or discontinue any or all of its business operations by sale, merger, or otherwise; to establish, modify, and enforce reasonable health, safety and proper protective measures; to establish, modify and enforce reasonable rules and regulations that are not in direct conflict with the express provisions of this Agreement; to select supervisory managerial, and other employees excluded from the bargaining unit, to discontinue or reorganize or combine any department or branch of operations with any consequent reduction or other change in the working force; to establish, change combine, or abolish job classifications and determine job content and qualifications; to determine the work duties of employees and to require duties other than those normally assigned to be performed; and otherwise to take such measures as management, in its discretion, determines to be conducive to improved operation of the business.

This Section is not intended to be an exclusive enumeration of the

Company’s prerogatives. Nothing omitted from this Section shall be construed, by virtue of such omission, to abridge or modify the Company’s rights to manage the business.

SECTION XXVI- HEALTH AND SAFETY

The Company and the Union agree that they will cooperate in the enforcement of health and safety standards, in compliance with OSHA or other statutory regulations. Since the Local 68 employees at the Fort Dix facility contract are subject to operate, as a part of their normal duties, government and/or contractor equipment, power tools and motor vehicles, all Fort Dix Local

68 employees are subject to drug testing as outlined below.

The Company may require an employee at any time to undergo a physical examination and/or drug/alcohol testing, and it shall have the right to select the examining physician and/or laboratory, request the physician and/or laboratory to conduct specific tests, and to receive a report from the physician and/or laboratory as to the findings. Such reports shall be considered and treated in a confidential manner by the Company. The Union agrees to cooperate fully with all requirements imposed upon the Company by statute, regulation, or contract to establish and enforce policies prohibiting the use, sale and/or possession of drugs, alcohol, and controlled substances, and the detection thereof. The total cost of such physical examinations and/or test, exclusive of any treatment given, shall be borne by the Company. An employee’s compliance with a request for such examination and/or test constitutes a condition of employment. Therefore, refusal to submit to a medical examination and/or drug/alcohol test as required by the Company constitutes cause for immediate dismissal.

An employee must report all on-the-job injuries to his or her immediate supervisor. The Company is required to insure that the employee receives timely medical treatment for his/her on-the-job injury.

It is the policy of Optech Monette, LLC to create a drug-free workplace in keeping with the spirit and intent of the Drug-Free Workplace Act of 1988. The use of controlled substances in inconsistent with the behavior expected of employees, subjects all employees and visitors to our facilities to safety risks, and undermines the Company’s ability to operate effectively and efficiently. In this connection, the unlawful manufacture, distribution, dispensation, possession, sale or use of a controlled substance in the workplace or while engaged in

Company business on Optech Monette, LLC premises is strictly prohibited. Such conduct is also prohibited during non-working time to the extent that, in the opinion of Optech Monette, LLC it impairs an employee’s ability to perform on the job or threatens the reputation or integrity of the Company.

An employee taking prescription medication that is authorized by a physician and is known or advertised as possibly affecting or impairing judgment, coordination or senses, or which the employee knows or should know may adversely affect the ability to work in a safe and productive manner, may not return to work as long as a potential danger to the employee, fellow employees, Company or Government property exists. Prescribed drugs must remain in their original container.

The Company reserves the right to test for the presence of narcotics in the following situations:

1. Where an employee causes a safety infraction or work-related accident resulting in bodily injury or damage to property.

2. Where an employee engages in specific behavior on the job site that demonstrates probable cause to believe that the employee is so impaired as to affect his or her work in the job site (subject to the conditions set forth in Section 3 below).

3. Testing may not be implemented under Section 2 above unless the behavior that demonstrates probable cause is observed and verified in writing by at least two persons in a supervisory position; and the employee is provided an opportunity to explain his or her behavior.

4. Testing may be by random selection and will be at a maximum of two employees of the Fort Dix work force per year. The random selection will be computer generated by the Corporate Office or at the site.

If an employee’s specimen is reported positive for a specific drug, the employee shall have the right to an independent test on the same specimen at his or her own expense, however, the Company need not delay taking any disciplinary action it deems necessary or appropriate until such results are available. The sample shall be transported directly from laboratory to laboratory with chain of custody precautions in place.

If the Medical Review Officer reports final positive results to the

Company, the employee will be suspended without pay or benefits. He/she will be informed of local area rehabilitation programs. It is up to the employee to seek admittance and to pay any rehabilitation or counseling service.