Atch 2 CBA LIUNA and ATS 20190101.pdf

NATIONAL SERVICE CONTRACT AGREEMENT

BETWEEN

LABORERS' INTERNATIONAL UNION OF NORTH AMERICA

AND

ALLIANCE TECHNICAL SERVICES, INC.

EFFECTIVE: January 1, 2019

Source Selection Information - See FAR 3.104 Page 1 of 24 Enclosure (7)

Source Selection Information - See FAR 3.104 Page 2 of 24 Enclosure (7)

THIS AGREEMENT made and entered into this 1 st day of January 2019 by and between ALLIANCE TECHNICAL SERVICES, INC. (hereinafter referred to as the Employer), and the LABORERS' INTERNATIONAL UNION OF NORTH AMERICA and its affiliated LOCAL UNION (hereinafter referred to collectively as "the Union").

ARTICLE I

PURPOSE

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 11

UNION RECOGNITION AND SCOPE OF AGREEMENT

Section I The Employer recognizes the Union as the sole exclusive collective bargaining representative of all of its production employees employed by the Employer on the Contracts and at the locations listed in Addendum A to this Agreement, but excluding the Project Manager, the Project Manager's Administrative Assistant, Department Heads/Supervisors, professional employees, guards and supervisors as defined under the National Labor Relations Act.

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 any existing bargaining unit, designates the Union as their collective bargaining representative, as evidenced by a card check, they shall be covered by this Agreement, except for Addendum A. The content and effective date of Addendum A shall be determined in negotiations between the Union and the Employer. 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.

Section 3 Employees in a unit that is an accretion to an existing bargaining unit shall be covered by this Agreement, including the applicable Addendum A.

ARTICLE Ill

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 shall, as a condition of employment, become members of the Union no later than the thirty first (31st) day after the effective date of this Agreement. New employees hired hereafter shall, as a condition of employment, become members of the Union no later than the thirty first (31st) day of their employment.

Membership means the payment by all members of an amount of money equal to the Local Union's regular and uniformly imposed initiation fees and dues. Failure to comply with this requirement shall result in 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.

Source Selection Information - See FAR 3.104 Page 3 of 24 Enclosure (7)

Section 2 The foregoing provision shall not apply in any state to the extent that it may be prohibited by state law. However, the Union is required under this Agreement, to represent all of the employees in the bargaining unit, fairly and equally, without regard to whether or not an employee is a member of the Union. The terms of this Agreement have been made for all employees in the bargaining unit and not for members of the Union only.

Accordingly, it is fair and equitable that each employee in the bargaining unit assume his/her fair share of meeting the Union's cost and expenses in performing its duties, as the exclusive bargaining representative.

Section 3 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), Section 1 shall apply for the duration of such work.

Section 4 In the event that in any or all of the states described in Section 2 of this Article, a decision or action of the United States Congress, State Legislature, or a court or administrative board of competent jurisdiction shall make the "Union Shop" or "Agency Shop" a lawful practice, the same shall become operable immediately and shall apply to all present and future employees.

Section 5 The Union agrees to indemnify the Employer for any costs, including legal fees, or liability incurred as a result of the Union's implementation and enforcement of the provisions of this Article.

ARTICLE IV

CHECKOFF

Section 1 The Employer agrees to honor check-off cards signed by individual employees, which authorize the Employer to deduct from the employee's paycheck each month, the union dues and fees as certified by the Union, and remit same within twenty (20) days, 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.

Section 2 The Employer agrees to deduct and transmit to the Laborers' Political League, five cents ($.05) for each hour worked from the wages of those employees who have voluntarily authorized such contributions on the forms provided for that purpose by the Union. The transmittals shall occur monthly and shall be accompanied by a list of names of those employees for whom such deductions have been made, and the amount deducted for each such employee.

The Laborers' International Union of North America agrees to indemnify and hold harmless the Employer from any and all claims, actions and/or proceedings arising out of these deductions.

Source Selection Information - See FAR 3.104 Page 4 of 24 Enclosure (7)

ARTICLE V

NO DISC RI MINA TION

Neither the Employer nor the Union shall discriminate against, or in favor of, any employee on account of race, color, creed, religion, national origin, political belief, sex, age, veteran's status or disabled status, or 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 provided all employees have ready and prompt access to a steward.

Section 2 The Local Union shall supply the Employer in writing and shall maintain with the Employer 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 plans 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.

Section 5Authorized 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.

Section 6 The Employer will introduce the Steward to newly hired employees.

Section 7 The Employer will assist the Union with distribution of announcements/ information to members.

ARTICLE VII

DISCHARGE OR SUSPENSION

Section 1 The Employer shall not discipline or discharge any employee without just cause. An employee shall be subject to discharge for the following reasons:

(a) Significant dishonesty, which includes making false statements to management and falsifying official company documents.

(b) Intoxication during working hours.

(c) Use, possession, and/or distribution of illegal drugs, or being under the influence of illegal drugs during working hours.

Source Selection Information - See FAR 3.104 Page 5 of 24 Enclosure (7)

(d) Fighting while on the premises.

(e) Deliberately causing significant property damage or other such gross misconduct.

(f) Not reporting to work, or over-staying an authorized leave of absence, without notifying the Employer for three (3) consecutive workdays.

(g) A significant false statement made on the application for employment, or to the medical examiner, with the intent to deceive.

(h) Unauthorized possession of firearms or explosives within facilities.

(i) Employees permanently restricted by the Government from entering the Government installation.

U) Sleeping on the job.

(k) Engaging in criminal conduct or acts of violence or making threats of violence toward anyone on company premises, on government property or when representing the company; fighting, or provoking a fight on company or government property.

(I) Theft or unauthorized possession of company property, government property, or the property of fellow employees; unauthorized possession or removal of any company or government property, including documents, from the premises without prior permission from management.

(m) Violating the non-disclosure agreement; giving confidential or proprietary information to competitors or other organizations or to unauthorized employees; working for competing business while an employee; breach of confidentiality of personnel information.

(n) Any act of harassment, sexual, racial or other; telling sexist or racist jokes; making racial or ethnic slurs.

(o) Failure to immediately report damage to, or an accident involving, company or government equipment.

(p) For the protection of employees and to avoid disruptions of the work schedule, solicitation by employees for charitable or commercial purposes, and the promotion, or circulation of pamphlets, literature, or any other material are strictly prohibited at all times on company or government premises. Sales of commercial products and services, and the distribution of advertising matter, circulars, leaflets and petitions for commercial products or services by non-employees are prohibited at all times on company or government premises, except with written authorization. Employees may not distribute literature in working areas and may not engage in solicitation for charitable or commercial purposes during working time.

(q) Alteration of an employee's own timesheet or records or attendance documents;

punching or altering other employee's timesheet or records, or causing someone to alter an employee's own timesheet or records.

Source Selection Information - See FAR 3.104 Page 6 of 24 Enclosure (7)

(r) Reporting late for work by more than a½ hour more than one (1) time in one (1) week or 3 (three) times in one month.

{§1_ Demonstrated incompetence and/or inability to perform the duties of the job or failure to follow Process Instructions associated with duties of the job.

(t) Refusal to follow the directions of supervision in connection with the performance of job duties.

(u) Immoral conduct or indecency on company property.

(v) Unauthorized use of company credit cards.

(w) Criminal or civil actions that could deny security clearances, National Agency Checks (NAC) or base access.

(x) Failure to safeguard or loss of classified material and/or documents.

(y) Any other reason of comparable seriousness or gravity to the reasons set forth above.

Section 2 Other than a discharge for a reason identified above in Section 1, the Employer shall impose progressive discipline in the following manner:

First Offense within any consecutive 12 month period: Written warning and counseling

Second Offense within any consecutive 12 month period: One (1) day suspension

Third Offense within any consecutive 12 month period: Dismissal, or three (3) day suspension, at the Employer's discretion

Fourth Offense within any consecutive 12 month period: Dismissal, or five (5) day suspension, at the Employer's discretion

Fifth Offense within any consecutive month period: Dismissal, or fifteen (15) day suspension, at the Employer's discretion

Section 3 No employee may be discharged under the preceding Section 2 unless at least one prior offense within any consecutive 12 month period is similar to the ground(s) for the proposed discharge under such Section.

Section 4 Pursuant to the Worker Adjustment and Retraining Notification Act (Title 29 U.S.

Code, Section 2103), the parties understand that all employees have been hired by the Employer to fulfill the Employer's service contract with the U.S. Government, and employment is therefore limited to the duration of the Employer's undertaking. It is further understood that the employees' employment will terminate upon completion of the service contract if the Employer's contract is not renewed.

Source Selection Information - See FAR 3.104 Page 7 of 24 Enclosure (7)

Source Selection Information - See FAR 3.104 Page 8 of 24 Enclosure (7) subtract from or amend the terms of this Agreement and must decide the grievance strictly under its terms. The decision of the arbitrator shall be final and binding upon the parties.

The costs of such arbitration, as reasonably charged by the FMCS, shall be shared equally by the Employer and the Union.

All time limits provided for herein may be changed by agreement of the parties but, absence such agreement, the failure to meet any of the time limits provided for herein shall end the grievance.

Section 2 The parties may select a mutually acceptable neutral 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 for all employees who have been continuously employed at the same location for a period of thirty (30) calendar days, based upon the length of continuous service, with previous, present and succeeding Employers, according to the Employer's and the Union's records. Seniority is an important factor to be considered by the Employer in making shift assignments, promotions, demotions, lay-offs, and recalls after lay-offs within the unit. However, the Employer may also consider efficiency and capability, provided that when these factors are approximately equal, seniority shall prevail.

Section 2A break in seniority shall occur in the following events:

(a) If an employee quits.

(b) If an employee is discharged for cause.

(c) Employee not reporting to work, or over-staying an authorized leave of absence, without notifying the Employer for three (3) consecutive workdays.

(d) If an employee is laid off or otherwise unable to work more than six (6) months.

Section 3 The Employer shall supply the Union with an up-to-date seniority list on the effective date of this Agreement, when employees are hired or terminated and at the termination of the Employer's contract with the customer organization.

Section 4 Every new (non-seniority) employee hired by the Employer shall be on probation for a period of ninety (90) calendar days and during this probationary period, such employee may be dismissed for any reason. Any employee so dismissed, shall not have a right to invoke the grievance and arbitration procedure of this Agreement. During probation, new employees will not be eligible for paid time off including holiday pay, sick leave, personal leave, etc.

Section 5Active military personnel shall be granted a leave of absence in accordance with the requirements of their military service, and during such leave shall continue to accrue seniority as if actively employed at work.

Source Selection Information - See FAR 3.104 Page 9 of 24 Enclosure (7)

ARTICLEX

PROMOTIONS

Section 1 When the Employer determines that a vacancy exists in a classification, 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 in the unit and selection will be made therefrom unless an outside applicant is clearly better qualified.

ARTICLE XI

LEAVE OF ABSENCE

Section 1 - Personal Leave of Abs.ence A leave of absence without pay for reasonable cause as determined by the Employer, or for Union activities, will be granted for a period up to sixty (60) calendar days, with written approval of the employee's Supervisor requested at least fifteen (15) days in advance of such leave of absence, provided the employee can be spared from his/her regularly assigned job duties. Such leaves of absence may be extended for good cause, shown upon written approval of the Employer.

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. A leave of absence shall not cause a change in seniority date.

However, there shall be no accrual of benefits and no holiday pay for any holiday which falls during the period the employee is on leave without pay.

Section 2 - Military Leave of Absence

(a) The Employer and the Union agree to abide by the provisions of the Uniformed Employment and Reemployment Rights Act of 1994, 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 - lniury or Sickness Leaves of Absence A leave of absence without pay for injury or sickness, death in the immediate family, or extreme hardship for an employee or any member of his/her immediate family, will be granted in accordance with applicable law. If no law applies or is less favorable, a leave of absence without pay for injury or sickness, death in the immediate family, or extreme hardship for an employee or any member of his/her immediate family, will be granted for a reasonable period up to thirty (30) calendar days.

Source Selection Information - See FAR 3.104 Page 10 of 24 Enclosure (7)

An employee desiring a leave of absence from his/her employment shall secure written permission from the Employer with a copy mailed to the Union. The Employer may require medical proof of illness or injury, and reasonable evidence of death or hardship.

The maximum leave of absence shall be for thirty (30) days. Leave of absence shall not cause a change in seniority date. However, there shall be no accrual of benefits during a leave of absence. Leave of absence shall be granted in accordance with applicable law.

The Employer is not required to honor leave requests which would have the effect of reducing the on-site workforce by more than five (5%) percent as long as it does not violate the Family Medication Leave Act (FMLA).

Section 4 - Medical Treatment The Employer provides worker's compensation coverage for employees who sustain an injury or contract a sickness covered by the applicable worker's compensation legislation.

The Employer will pay the injured or sick employee the hours worked by his/her crew on the date of his/her injury or sickness that is covered by worker's compensation.

Section 5 - FMLA The Employer and the Union agreed that employees shall be accorded any rights to which they may be entitled under the terms of the Family Medical Leave Act (FMLA), in the event that the Employer employs a sufficient number of employees to be subject to the provisions of the FMLA.

ARTICLE XII

WAGES

Employees shall be paid wages, shift premiums and fringe benefits in accordance with the schedule of wages identified as Addendum A for each location. The rates of pay, shift premiums and fringe benefits, shall be negotiated between the Employer and designated representatives of the International Union.

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 and identified as Addendum A for each location.

Section 1 - Workweek The regular workweek for employees shall begin and end at 0001 hours on Monday of each week. Each employee will normally work five (5) consecutive days during the workweek. Some sections may be scheduled to work four (4) days at ten (10) hours per day during a normal workweek, at the discretion of the Employer. Employees' workweeks may be altered in order to meet customer requirements passed on to the Employer. A forty (40) hour workweek is the standard workweek for full-time employees.

Section 2 - Days Off 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, and in the discretion of the Employer.

Source Selection Information - See FAR 3.104 Page 11 of 24 Enclosure (7)

The Employer will make every reasonable effort to arrange work schedules so that a maximum number of employees will be off duty on Saturdays and Sundays, 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 requirements.

(b) Employees transferred from one shift to another shall receive at least twenty-four (24) hours notice except during an emergency, at the discretion of the Employer.

(c) Emergency Discontinuance of Operation In the event of any emergency (e.g., severe weather conditions) reqwnng 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 at least to the same extent as employees of the activity. Employees will be paid in accordance with Article XIV.

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

(f) 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.

Source Selection Information - See FAR 3.104 Page 12 of 24 Enclosure (7)

ARTICLE XV

OVERTIME

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

Overtime shall be defined as all work performed in excess of forty (40) hours in any workweek.

The Employer will distribute overtime work as is necessary, and as fairly as possible between employees affected by such overtime work.

ARTICLE XVI

HOLIDAYS

Section 1 Employees shall be entitled to the number of paid holidays as identified in Addendum A covering their location. 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, grandchild, grandparent, brother, sister, and child.)

Section 2 The holidays as listed below will be observed as non-work days. Whenever such holidays fall on a Saturday or Sunday and the Employer does not normally operate on such days, the closest work day shall be deemed to be the holiday.

(1) New Years Day

(2) Martin Luther King's Birthday

(3) President's Day

(4) Memorial Day

(5) Independence Day

(6) Labor Day

(7) Columbus Day

(8) Veterans Day

(9) Thanksgiving Day

(10) Christmas Day

Additional days not worked, if any, authorized by the Employer in accordance with temporary customer facility closings, shall be regarded as personal days, and shall not be subject to the holiday pay provisions set forth in this Article.

Section 3 Employees working on a holiday within their basic workweek, (40 hours or less) will receive the same pay as they would normally receive on a regular work day, plus a regular day's pay for the holiday, in lieu of the day off. Holiday pay shall be earned by part-time employees on a pro-rata basis compared to a full-time employee.

Section 4 Employees working on a holiday beyond their basic workweek, meaning a sixth (6th) or seventh (7th) day, and in excess of forty (40) hours, shall receive payment at the rate of time and one half (1-1/2) for that day, plus a regular day's pay for the holiday, in lieu of the day off.

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 paid vacation.

Source Selection Information - See FAR 3.104 Page 13 of 24 Enclosure (7)

Section 6 Employees may, at the Employer's discretion, elect to receive a floating holiday in lieu of a regular day's pay. All floating holidays must be requested and utilized by the end of each contract year. There shall be no payout of unused floating holidays.

ARTICLE XVII

VACATIONS

Section 1 Employees shall receive paid vacation as identified in Addendum A covering their location. Vacation shall be earned by part-time employees on a pro rata basis compared to a full-time employee. Employees who work an irregular schedule of weekly hours which is dependent upon workload (as agreed to by signatories to the agreement), vacation pay shall be figured on the basis of the average hours worked each week in the previous twelve (12) months of employment.

Section 2 The Employer shall permit employees to schedule their vacation in advance subject to the Employer's approval. This vacation schedule shall be approved no later than March 20 of each year. In the selection of vacation times, 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. Employees shall not be required to schedule their vacation in advance, as stated above, but when seeking unscheduled vacation at a later date, previously approved vacations shall be recognized first for purposes of determining whether a subsequent vacation request may be approved by the Employer.

Section 3 Notwithstanding that an employee is otherwise entitled to a vacation, and has qualified for same, he/she forfeits all vacation pay or privileges if prior to taking his/her vacation, he/she is terminated. Any unused vacation time remaining as of the employee's termination or anniversary date shall be forfeit.

Section 4 Except as provided for in Section 3, all vacation must be utilized by the end of each employee's anniversary date.

ARTICLE XVIII

SICK LEAVE

Section 1 Employees shall be entitled to sick leave with pay at the employee's regular rate, as identified in Addendum A covering their location. Sick leave shall be earned by part-time employees on a pro rata basis compared to a full-time (35-hour/week) employee.

For employees who work an irregular schedule of weekly hours which is dependent upon workload (as agreed to by signatories to the agreement), sick leave shall be figured on the basis of the average hours worked each week in the previous twelve (12) months of employment.

Section 2 No sick leave pay shall be paid for less than one half (1/2) day. Employees who are absent due to illness for more than one-half their normal work day will receive regular pay for hours worked and one half (1/2) day sick pay. If an employee works more than one half (1/2) day, the employee shall only be paid for hours worked and will receive no sick leave pay. The Employer may require medical proof of illness for absences in excess of two (2) days.

Section 3 A maximum of three (3) days may be carried over into the next contract year.

Source Selection Information - See FAR 3.104 Page 14 of 24 Enclosure (7)

AftTlCLE XIX FUNERAL'LEAVe

Funeral l�avE? as identifiad ir.i: Adqend'l.:1m .A.· shall.'be recmgnized. as: follows: �i:i employee who h�s -death In his or her immediate family; defined as his oJ het mother; father, stepparent, spouse, son, daughter1 grandchild, grandpare·nt, brother1 sistef, or a member of his or her .immediate .family tbr6.1:1gh· adoption or guardianship, shall be paid for time mis5.ed within one (1} we.ek of-the funeral.

ARTICLE.XX

HEALTH . .AND.WELFA'RE

Toe Emplo:yer $h.ijfl contribute tor fi?.ach h.o.ur tor .whi.ch c1n empl_oyee cover�d by thi� Agraernenf ·is entitl_ed, to P,ay .a.n �mpurit as set .f.onh in ,Adt;lend,um A �n.� in accordance witb Addem;lum a to th,i�· A9r��m�nt� The !=mPJc?Y_er c;1nd. ttje .U(ijqn J,er��y adopt the Agreement and Declarat1on of Trust establisliihg said F·und, a et:>py of which has been provided·to each, and agree .to comp'lythereWlth.

-A.RTI04�}0(1

PENSION·

The Employer_ shall c.ontriliute for ·each hour for which .an employe,e covered by this Agreement .is entitled ·fo pay an -amount as .set forth in Addendum A to. the L.ab�r.er.s' .lntemationi\l .Union of North America .NaUo:naJ .(l11chJ.,tr.ial} Pen.si<>n Fund in .aQcQrd�nc� with Addend.�m a t11;, th.ls }X:greernf3!1l:: T.bei Empl9,yer €Ind th� l)ti,iqn h_e.r�b_y ·�cf opt the Amr�em.�11, aoe;t c:>eQlaratjon. of Tt�sf es\ablls�lng .said Fund, a. copy of Which has been pr.ovld�d le e·ach,.and agree to oorr1plythetewith.

AR11�Ll;)�XO

T�INING

The Employer shall contribule f'cir' each �our for which each employee to\ler.e.d by this Ag-reement. {$ entitlea ·to _pay, to the. Laba.rers-EmpJoye.r.s. Serv.lc�· Contraet ·eciut�dion and Training Fund Git-the. rate ,sef fortb in Ad):Jendi:.lm Aro 1his Agreement. The Emp.loy.e.r and the. Uniqr,1 h_er�by �dbpt 1h.� Agr��rne11t. �n� D�_qJa:r@tiOr:t Qf Tr:vst �Stqbl,i�hfng .said FunQ •. :� G0P.Y-of w�/011 M�s t,een, proviaecf to .each, and agree'to comply therewith.

ARTICLE.XXUL

HIRING OF EMPLOYSES·

Section 1. T:he Emplqyer-�gr�ij�_ fb._ijt i� w.ili coni�¢t tl)l;r ·l,Jnion q.fftGe PO� g[ve. the, Union an gpps_rtur'llty -t0-furrHs1:i ,c�ndid�tes f<;>.r �II ¢!��$es ofer.nplo.yees--aeveteiif ·by- this Agreement.

If tha .Union cannot su�Plt the· .needed personnel�: the 8mployet may .obtain :applicants.

frpm -any and: all s.ources -tor-tfre particulfjr requirement SeJectio•n Qf .�ppUc:ants for referral

to. or .for employr.rrent on Jqbs i -shall be 'On a ,n<;m.:d_1$cJlmin�tory: ba.sis -�nd sh.all nG>t be based on, �r ·in any way -�ff�cted AY _l)ni9n- m�mQ�r-s.�ip, byl�ws, ru1$_s, regµ_J�tlon_s,.

coni;titution�I provisi0ns.oi•a11y ett-iet.ooligatien ot:asp'.ectof Union memb-ersh'ip, policies br requirements.. The Uii'fon wili a:ocommodale any hiring requlr�ments imposed on the Employer by fe_der.ai or,&fa_t� law$ and regulatiQns. ·

.section 2 The, Emp'loy�r win ·f0nii$h tn.e. Uh ion wi,th 'th.� ._nameq- ;,1.hd ad.gr�$se$ o f all newly ltlred·.employees.

Note: Article XX Health & Welfar.s -was modified on 3/22119. by,-the. partiR t<?,<\\ �e referwLLtop1specific l'=und and t:mlymake reterenae to Addendum A-&·-a. fnftlats: Al'Sv Onion�

Source Selection Information - See FAR 3.104 Page 15 of 24 Enclosure (7)

Section 3 When the Employer is awarded a new service contract for work covered by a collective bargaining agreement between a predecessor contractor and the Laborers' International Union or its affiliate, the Employer agrees to retain all employees of the predecessor contractor required for performance of the contract. If fewer than all are to be retained, Article IX, Seniority, shall apply to the selection of employees.

ARTICLE XXIV

WASH AND WEAR UNIFORMS

The Employer shall provide three (3) initial wash and wear uniforms, which it requires the employees 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 XXV

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 2The 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. The employee manual shall apply to all employees covered by this Agreement unless and except where contradicted by this Agreement. If no job description exists for a job classification, it will be immediately negotiated jointly by the Union and the Employer. The Employer and Union agree to re-open the Agreement to negotiate the impact of all proposed revisions to the employee manual.

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 in violation of the provision to this Agreement.

Section 4 For all employees, the pay period and pay day shall be bi-weekly.

Section 5 Employees who quit the services of the Employer without urgent reason, or are discharged, will receive their wages at the next regular pay day, but may receive their personal property upon quitting. No employee who is discharged or has resigned will receive any wages until he/she has furnished proof that his/her file at Base Security has been cleared, all badges/passes surrendered, and all items issued by the Employer have been returned.

ARTICLE XXVI

NO STRIKES - NO LOCKOUTS

Section 1 It is the intent and purpose of the parties hereto, as 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

Source Selection Information - See FAR 3.104 Page 16 of 24 Enclosure (7) 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. The Employer acknowledges that stewards are not authorized to act for the Union in connection with any strike, slowdown or other job action, or in connection with amending the terms of this Agreement.

ARTICLE XXVII

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 XXVIII

HEAL TH AND SAFETY

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.

ARTICLE XXIX

PHYSICAL EXAMINATION

The Employer may require an employee to undergo a physical examination and it shall have the right to select the examining physician, request the physician to conduct specific required 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 XXX

MANAGEMENT CLAUSE

Section 1 The Employer retains the full and exclusive right of management of the business and its workforce, including, but not limited to, the direction of the workforce, the right to plan, direct and control business operations, hiring and termination of employees, work, assignment, scheduling of hours of work, the right to discipline and discharge for cause, to promote, demote or transfer on the basis of qualifications, performance, skills and abilities in the judgment of the Employer, layoff and recall because of lack of work or other business reasons, to assign, change and eliminate positions/work, to maintain contract parity between prime and subcontractor to make and enforce work and/or safety rules, which shall be effective upon notification, the right to perform work of any kind or have the right to subcontract and to cease any or all of it's operation.

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.

Source Selection Information - See FAR 3.104 Page 17 of 24 Enclosure (7)

ARTICLE XXXI

REOPENER CLAUSE FOR LOCAL WAGE ADDENDA

The Employer and the Laborers' International Union of North America agree to meet for the purpose of negotiating local area wages and fringe benefits to be attached as Addendum A.

ARTICLE XXX.11

SUCCESSORS AND ASSIGNEES

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

Source Selection Information - See FAR 3.104 Page 18 of 24 Enclosure (7)

ARTICLE XXXIII

EFFECTIVE DATE AND DURATION

This Agreement, entered into this 1st day of January, 2019 shall be binding upon the parties hereto, their successors in the employing industry and their administrators, executors and assigns, and shall remain in full force and effect until January 15, 2024 and shall continue in effect from year to year thereafter, unless written notice is given by the Union or the Employer to the other no less than sixty (60) days prior to the expiration date of its desire to modify, amend or terminate this Agreement. The parties shall begin good faith bargaining within fifteen (15) days after receipt of such notice. Addendum A attached hereto will be opened annually for renegotiating wages, fringes etc., or as set forth in said Addendum. If the parties are unable to agree to changes in the aforementioned conditions, the parties shall be free to resort to economic recourse, notwithstanding the provisions of this Agreement.

Laborers' International Union of North America _,,,,-un'

C) � �r

Alliance Technical Services, Inc.

DATE

400 West 24th Street Street Address

Norfolk, Virginia 23517 City, State and Zip Code

(757) 628-9500 I (757) 628-9600 Telephone/Fax Numbers

Source Selection Information - See FAR 3.104 Page 19 of 24 Enclosure (7)

ADDENDUM B

PENSION, HEAL TH AND WELFARE, AND TRAINING BENEFIT FUNDS

The Employer has agreed to make pension, health and welfare, and training fund contributions as set forth in the Agreement and in Addendum A. This Addendum sets forth more particularly the terms and conditions of the Employer's contribution obligations to these Funds, subject to any rights reserved by the Fund's Trustees to accept or not accept the unit of employees covered by the Agreement into participation.

Section 1

LIUNA National (Industrial) Pension Fund

(a) The Employer shall contribute to the Laborers' International Union of North America National (Industrial) Pension Fund for each hour for which an employee covered by this Agreement is entitled to pay, including hours of paid vacation, paid holidays and other periods for which pay is paid or owed to an employee. The hourly contribution rate shall be the rate set forth in Addendum A to the Agreement.

Contributions to the Fund for an employee shall commence with the employee's first (1st) day of employment in a classification covered by the Agreement.

(b) Contributions to the Fund shall be due on a monthly basis and specifically by the twentieth (20th) day of the first month following the month during which the contributions accrued, unless otherwise expressly required by the Fund's Board of Trustees. The Employer shall also submit to the Fund on a monthly basis such contribution reports, as the Board of Trustees may require to verify the amount of contributions owed (if any) for the preceding month. Such reports shall be submitted to the Fund on the same schedule as contributions and shall be submitted even if the employees performed no work and no contributions are owed to the Fund for the month covered by the report.

(c) The Fund shall have the right and authority to have a certified public accounting firm audit the payroll and other records of the Employer for purposes of verifying the accuracy of the contributions made to the Fund by the Employer, verifying employee eligibility and other purposes necessary for administration of the Fund. The Employer and the Union also agree to provide the Fund with any and all truthful information necessary for administration of the Fund.

(d) All contribution payments shall be made payable to the "LIUNA National (Industrial) Pension Fund" and sent to the Fund at 905 16th Street N.W., Washington, DC 20006.

(e) If the Employer fails to submit contributions or contribution reports to the Fund when due, it shall be considered in default and shall be subject to charges for interest, liquidated damages, attorneys fees, costs, audit fees and other costs of collection in accordance with the Fund's Agreement and Declaration of Trust.

The Fund shall have the right to take any and all lawful action to secure payment of contributions and submission of the commencement of legal proceedings against the Employer and others acting on its behalf. The Employer's obligations with respect to the Fund shall not be subject to any grievance or arbitration procedure provided under the

Source Selection Information - See FAR 3.104 Page 20 of 24 Enclosure (7)

Agreement. The Union shall have the right to take whatever steps it deems necessary to secure compliance by the Employer with its contribution obligations.

(f) The Employer and the Union agree to accept, be bound by and comply fully with a copy of the Fund's Agreement and Declaration of Trust, a copy of which has been provided to both.

Section 2

South West Laborers' Health and Welfare Fund

(a) Each employee covered by this Agreement shall be covered by the following benefit plan(s) offered by the Southwest Laborers' Health and Welfare Fund, subject to the plan's eligibility rules and the Fund's right to withhold payment of benefits in the event that the Employer fails to make the contributions required hereunder or otherwise defaults on its obligations hereunder.

PLAN I

PLAN 11

(b) The Employer shall contribute to the Fund for each hour for which each employee covered by this Agreement is entitled to pay, including hours of paid vacation, paid holidays and other periods for which pay is paid or owed to an employee. The hourly contribution rate shall be the rate set forth in Addendum A to the Agreement.

Contributions to the Fund for an employee shall commence with the employee's first (1st) day of employment in a classification covered by the Agreement.

(c) Contributions to the Fund shall be due on a monthly basis and specifically by the twentieth (20th) day of the first (1st) month following the month during which the contributions accrued, unless otherwise expressly required by the Fund's Board of Trustees. The Employer shall also submit to the Fund on a monthly basis such contribution reports, as the Board of Trustees may require to verify the amount of contributions owed (if any) for the preceding month. Such reports shall be submitted even if the employees performed no work and no contributions are owed to the Fund for the month covered by the report.

(d) The Fund shall have the right and authority to have a certified public accounting firm audit the payroll and other records of the Employer for purposes of verifying the accuracy of the contributions made to the Fund by the Employer, verifying employee eligibility and other purposes necessary for administration of the Fund. The Employer and the Union also agree to provide the Fund with any and all truthful information necessary for administration of the Fund.

(e) All contribution payments shall be made payable to "Southwest Laborers' National Health and Welfare Fund" and sent to the Fund at 520 Central Pkwy., E. Plano, TX, 75074.

(f) If the Employer fails to submit contributions or contribution reports to the Fund when due, it shall be considered in default and shall be subject to charges for interest, liquidated damages, attorneys fees, costs, audit fees and other costs of collection in accordance with the Fund's Agreement and Declaration of Trust. The Fund shall have the right to take any

Source Selection Information - See FAR 3.104 Page 21 of 24 Enclosure (7) and all lawful action to secure payment of contributions and submission of the commencement of legal proceedings against the Employer and others acting on its behalf.

The Employer's obligations with respect to the Fund shall not be subject to any grievance or arbitration procedure provided under the Agreement. The Union shall have the right to take whatever steps it deems necessary to secure compliance by the Employer with its contribution obligations.

(g) Notwithstanding the foregoing, it is understood that the Fund's Board of Trustees shall have the right to modify the contribution rates required to maintain a particular level of benefits during the term of the Agreement. If the Board of Trustees exercises that right, the Employer shall have the right to terminate participation in the Fund subject to any bargaining or other legal obligations it may owe to the Union. Participation shall not be deemed terminated under the terms of this paragraph until written notice thereof is received in the office of the Fund's Administrator.

(h) The Employer and the Union agree to accept, be bound by and comply fully with the terms of the Fund's Agreement and Declaration of Trust, a copy of which has been provided to both.

Section 3

Laborers-Employers Service Contract Education and Training Trust Fund

(a) The Employer shall contribute to the Laborers-Employers Service Contract Education and Training Trust Fund for each hour for which an employee covered by this Agreement is entitled to pay, including hours of paid vacation, paid holidays and other periods for which pay is paid or owed to an employee. The hourly contribution rate shall be the rate set forth in Addendum A to the Agreement. Contributions to the Fund for an employee shall commence with the employee's first (1st) day of employment in a classification covered by the Agreement.

(b) The Employer shall submit contributions due for work performed during a month to the Fund by the twentieth (20th) day of the month immediately following and shall also submit to the Fund such reports as the Fund's Board of Trustees deems necessary to verify the Employer's contributions.