Attachment 2 CBA.pdf

CBAWD

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

THE SERVICE CONTRACT ACT I EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary I WAGE AND HOUR DIVISION of Labor I WASHINGTON D.C. 20210

I Wage Determination No.: CBA-2011-4193

Diane Koplewski Division of I Revision No.: 0

Director Wage Determinations I Date Of Last Revision: 3/16/2011

State: Georgia

Area: Lowndes

Employed on 23 CONS contract for Mess Attendant Services.

Collective Bargaining Agreement between contractor: Rice Services, Inc., and union: Industrial Technical and Professional Employees Union, AFL-CIO, effective 8/1/2008 through 7 /31/2011.

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

COLLECTIVE BARGAINING AGREEMENT

BElWEEN

INDUSTRIAL TECHNICAL AND PROFESSIONAL

EMPLOYEES UNION, AFL-CIO

AND

RICE SERVICES, INC.

Covering Food Service Employees at

Moody AFB, Valdosta, GA

EFFECTIVE DATES: AUGUST 1, 2008-JULY 31, 2011

TABLEOFCONTENTS

PREAMBLE

ARTICLE I - UNION RECOGNITION

ARTICLE II - UNION SECURITY AND MEMBERSHIP

ARTICLE Ill - EQUAL OPPORTUNITY

ARTICLE IV - ACCESS TO UNIT

ARTICLE V - PROBATIONARY PERIOD

ARTICLE VI - SENIORITY

ARTICLE VII - DISCIPLINE

ARTICLE VIII - GRIEVANCE PROCEDURE

ARTICLE IX - ARBITRATION

ARTICLE X- MILITARY LEAVE

ARTICLE XI - LEA VE OF ABSENCE

ARTICLE XII - SHOP STEWARDS

ARTICLE XIII-. REST PERIODS

ARTICLE XIV - LAYOFFS AND RECALLS

ARTICLE XV- WAGES

ARTICLE XVI - OVERTIME

ARTICLE XVII - HEALTH AND WELFARE

ARTICLE XVIII - VACATIONS

ARTICLE XIX- HOLIDAYS

ARTICLE XX - SICK LEA VE

ARTICLE XXI- PENSION

ARTICLE XXll - UNIFORMS

ARTICLE XXI II - BEREAVEMENT LEA VE

ARTICLE XXIV - JURY DUTY

ARTICLE XXV- INDIVIDUAL CONTRACTS

ARTICLE XXVI - NO STRIKE - NO LOCKOUT

ARTICLE XXVll - PICKET LINES ARTICLE XXVlll - EMPLOYEE INJURY

ARTICLE XXIX - GOVERNMENT REQUIREMENTS

ARTICLE XXX- GENERAL

' ARTICLE XXXI - DURATION

APPENDIX "A" - WAGES

APPENDIX "B" - HEALTH & WELFARE

APPENDIX "C" - HOLIDAYS

APPENDIX "D" - VACATION

APPENDIX "E" - SICK LEAVE

APPENDIX "F" - PENSION

APPENDIX "G" - UNIFORMS

APPENDIX "H" - BEREAVEMENT LEAVE

APPENDIX "I" - JURY DUTY

PREAMBLE

THIS AGREEMENT is entered into by and between RICE SERVICES. INC ..

hereinafter referred to as the "Company", and INDUSTRIAL TECHNICAL AND PROFESSIONAL EMPLOYEES UNION. AFL-CIO. hereinafter referred to as the "Union", as representatives of all its non-supervisory food service employees located at Moody AFB, GA, hereinafter referred to as the "Base" in the mutual interest of the emplqyees and the Company to promote and further the efficiency and economy of operations, to provide orderly collective bargaining relations, a method for the prompt and equitable disposition of grievances, and a method for the establishment of fair wages, hours and working conditions for the employees covered hereunder. In making this Agreement, it is recognized to be the duty of the parties to cooperate fully with each other, both individually and collectively, for the advancement of the purposes of this Agreement.

THIS AGREEMENT supersedes any and all prior agreements between the Company and the Union.

Rice Services, Inc.

Moody AFB, GA

ARTICLE I - UNION RECOGNITION

SECTION A

The Company hereby recognizes the Union as the sole bargaining agent for all its food service employees at Moody Air Force Base. Valdosta. GA, hereinafter referred to as the "Base".

SECTION B

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

SECTION C

It is understood by this Section that the parties hereto shall not use any leasing or subcontracting device to evade the tenns of this Agreement. The Company shall give a copy of this Agreement to the Contracting Officer at the Base.

ARTICLE II - UNION SECURITY AND MEMBERSHIP

SECTION A

It shall be a condition of employment that all employees of the Company 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 thirtieth (30th) day following the effective date of this Agreement or the execution date, whichever comes later, become and remain members in good standing of the Union. It shall be a condition of employment that all employees of the Company covered by this Agreement and hired on or after its effective date or execution date, whichever comes later, shall on or after the thirtieth (30th) day following the beginning of such employment, become and remain members in good standing of the Union.

SECTION B

Union Shop Provision to Take Effect if Prohibition Law Invalidated.

The provisions of Article 11, Section A, shall be deemed to be of no force and effect in any state whose law governs this contract to the extent of which the making or enforcement of such provisions is contrary to statutes, constitutional amendment or the law of such state; provided, however, that whenever, any such court of last resort having

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Page4 of25 jurisdiction of such questions finds the state law to be invalid or inapplicable, the provision of Section A above shall immediately thereupon be deemed to cover this bargaining unit or employees directly affected by such declaration of invalidity.

SECTION C

If the provisions of Article II, Section A shall· be deemed to be of no force and effect, the following shall govern: Employees who are members of the Union on the date of execution of this Agreement, and employees who join the Union subsequent to the execution hereof, shall maintain their membership in the Union as a condition of employment during the term thereof.

SECTION D

The Company will deduct from the wages of any employee covered by this agreement said employee's dues as a member of the Union upon receiving the employee's voluntary and individual written authorization for the Company to make such deductions, signed by the employees. Such authorization form shall be provided by the Union. The Company will pay over to the proper officer of the Union the wages withheld for such initiation fees and dues. The remittance shall be accompanied by a list showing individual names, social security numbers; dates hired and amounts deducted. The total remittances are to be made not later than fifteen (15) days after the last day of the month for which deductions were made. The Union shall advise the Company of the amount of the initiation fees and dues and the manner in which it shall be deducted. The amount so withheld, less any amounts due to any improper withholding, shall be reported and paid to the Union monthly.

SECTION E

Payment for membership dues shall not be required as a condition of employment during leaves of absence without pay in excess of thirty (30) days or during period of pennanent transfer to a classification not covered by this Agreement.

SECTION F

In the event of termination of employment, there shall be no obligation upon the Company to collect dues until all other deductions have been made.

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SECTIONG

The Company will make available to the Union a list of newly hired and tenninated employees covered by this agreement. Such lists will be prepared monthly and will show the Name, Social Security number, address, job classification and hire or termination date of such employees who were hired or terminated during the month for which the list is prepared.

SECTION H

The Company shall notify the Union of all job openings within the bargaining unit covered by this Agreement. The Union may refer applicants for such openings. In interviewing and h.iring for such job openings, the Company will not discriminate against any ·applicant referred by the Union. Nothing in this contract, however, shall be construed to create an exclusive hiring hall arrangement, and the Company shall at all times be free to advertise and list said job openings with employment agencies and to otherwise fill its job openings from any sources available to the Company, including, but not limited to, employees employed by the Company at other locations of the Company or its franchisees not covered by this Agreement.

SECTION I

The Company shall be the judge of the qualifications of its employees. Any employee who disputes the Company's detennination of qualifications can submit a grievance on that issue.

SECTIONJ

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

ARTICLE Ill - EQUAL OPPORTUNITY

SECTION A

In accordance with the established policy of the Company and the Union, the provisions of the Agreement will apply equally to all employees hereunder regardless of sex, color, age, race, creed or national origin. The company and the Union also recognize the desirability of implementing the national policy of providing equal opportunity to all persons and agree to work actively toward the implementation of that policy.

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SECTION B

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

ARTICLE IV - ACCESS TO UNIT

Duly authorized representatives of the Union shall be pennitted to investigate the standing of all employees and investigate conditions to see that the agreement is being enforced, provided that no interview shall be held during rush hours, including, but not limited to, such times as the serving lines are open, or unreasonably interrupt the duties of any employee. The Company shall be notified by the Union representative before he shall take action with the person involved. The representative of the Union shall contact the highest-ranking Company representative then present at the facility and infonn him of the circumstances. The employer and the Union Representative shall conduct themselves in such manner as to carry out the intent and spirit of this section.

ARTICLE V - PROBATIONARY PERIOD

SECTION A

Every new and any employee rehired after a break in sonority under article VI of this agreement shall be on probation for the first sixty (60) days of employment or re employment and may be extended an additional thirty (30) days at the discretion of the Company.

SECTION B

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

SECTION C

Any employee promoted to a job classification covered by this collective bargaining agreement from a lower-paid classification shall be on probation for the first sixty (60) days of employment in the new classification. At any time during such a probationary period, the Company may, for any reason, return the employee to that employee's fonner position without any loss of seniority: and any such employee shall not have the right to file a grievance or have other recourse to grievance procedure with regard to any such return to former classification. A promoted employee shall, during the sixty (60) day period and thereafter, have the right to file a grievance and resort to the grievance procedure with regard to all matters covered by this agreement.

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ARTICLE VI - SENIORITY

It is agreed that the Company and the Union will meet for the purpose of establishing a seniority list for all employees employed in the unit at the time of the signing of the Agreement Said seniority list will be based upon official records of the Union, of the Company, of its predecessor, and state and federal agencies. Not later than fifteen (15) days prior to the expiration of the Company's contract covering the Base, the Company shall furnish the Union and the successor contractor a list of all its current employees together with their dates of hire and the dates their last vacation pay was paid by the Company. The following sections in this Article shall become applicable and shall be in full force and effect upon the establishment of said seniority list. In establishing the initial seniority list for employees at the time of the signing of this Agreement, employees transferred to the Base covered by this Agreement shall receive seniority in accordance with their tenure of service with the Company or its franchise as the case may be, regardless of where such service was performed. Other employees transferred to the Base covered by this Agreement by the Company to fill vacancies shall likewise receive seniority in accordance with their tenure with the Company or its franchise, as the case, May be, regardless of where such service was performed. Seniority shall, except as Section D of this Article.

SECTION B

In the event that the Company finds it necessary to lay-off employees for any reason, other than disciplinary, such lay-offs shall be on the basis of seniority, i.e., the employee on duty in the establishment where the layoff occurs having the shorter period of continuous service with the Company, shall be laid off before any other employee having a longer period of continuous service. The Company shall recall such laid-off employees in reverse order. Senior employees shall have preference of full-time employment at all times if equal distribution of work is impossible. Senior employees may, however, exercise their seniority rights by taking a job in a lower classification.

SECTION C

The Project Manager will exercise sole authority to formulate and post work schedules.

Employees shall have the right to select available work schedules by seniority in job assignments for which they are qualified. Each employee shall be given his work schedule.

The work schedule for every week shall be posted at least four (4) days prior to the beginning of the workweek.

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SECTION D

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

SECTION E

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

( 1 ) fails to report to work on the day following expiration of an authorized leave of absence, unless failure to report is due to conditions recognized by the Company to be beyond the control of the employee and he reported such conditions as soon as possible to the Company;

(2) is on lay-off for a period exceeding one (1) year;

(3) is absent from work for two (2) consecutive work days without property notifying the Company of the reason for absence even though the reason for such absence is beyond the control of the employee, or in any eventt fails to report for work as scheduled without such reason;

( 4) fails, while on layoff, upon notice from the Company that work is available, to report to the Company for work as soon as practicable, but not later than seven (7) work days, and provided that the employee notifies the Company within three (3) days of such notice that he will return to work within the seven-day period.

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

SECTION F

An employee who has occupied a position with the Company covered by this Agreement and who accepts a position with the Company in a classification not covered by this Agreement will continue to accrue seniority for nine (9) months, after which period he shall retain his accumulated seniority, provided he remains in the employ of the employer.

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ARTICLE VII - DISCIPLINE

No employee shall be disciplined or discharged without just cause, and all reprimands and dismissals will be subject to the grievance procedure and arbitration clause. All reprimands and discharge notices shall be in writing and shall be signed by the Project Manager. Copies of the reprimand or discharge notice shall be given to the employee reprimanded and to the shop steward. Each reprimand shall be cancelled after one (1) year. Three (3) reprimands may result in immediate dismissal. Theft, intoxication on the job, failure to perfonn work as directed, illegal use of drugs and showing disrespect or insubordination shall result in an immediate investigation and appropriate action regardless of the number of prior reprimands.

ARTICLE VIII - GRIEVANCE PROCEDURE

SECTION A

The employer or employee or the Union concerning the interpretation or the application of this Agreement defines a grievance as a claim or dispute.

SECTION B

All grievances must be presented in writing and filed and processed in accordance with the following exclusive procedure:

Step 1 : The employee who has a grievance shall discuss it with the Project Manager either himself or through his shop steward. If the grievance is not settled at the Step 1 meeting, it may be appealed by the Union Representative to the Project Manager to Step 2 within five (5) days of the Step 1 meeting. Company grievances shall be processed beginning with Step 2.

Step 2: The Union Representative and the Project Manager will discuss the grievance. If the grievance is not disposed of to the satisfaction of the party filing the grievance at Step 2, the grievance may be appealed to Step 3 by the party or representative of the party filing the grievance by filing a written appeal to the opposing party with seven (7) days after Step 2.

Step 3: Within seven (7) days after the appeal of the opposing party, the parties (the Company represented by its designated representatives and the Union represented by its designated representatives) will meet to attempt to settle the grievance. The party being complained against shall render that party's decision in writing within five (5) days of such meeting. If the grievance is not disposed of to the satisfaction of the complaining party, the grievance may be appealed to arbitration by the Company or the Union lodging a written appeal with the other party within ten (10) days of receipt of such written decision.

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SECTION C

A grievance involving discharge of an employee shall be brought directly to Step 2 and must be filed, in writing, by the grievant with the Project Manager within five (5) days of discharge.

SECTION D

A grievance not involving discharge shall be without effect unless filed· in writing by the grievant within seven (7) days from the date the complaining party discovered the facts or should have discovered the facts giving rise to the grievance.

SECTION E

Stewards shall be afforded time off without loss of pay to investigate, discuss and present grievances. Such time shall be kept at a minimum.

SECTION F

At any step of the grievance procedure, the Company or the Union may designate a substitute for the official designated herein other than persons who have previously participated in such grievance. The officially designated representative of either party may be accompanied by two (2) other persons at any Step of the procedure except Step

1. The parties may mutually agree that further representatives may be present.

SECTION G

The time limits set forth in this Article may be extended mutually in writing. Time limits are exclusive of Saturday, Sunday and recognized holidays.

ARTICLE IX -ARBITRATION

SECTION A

Within ten (10) days after the filing of the notice of the intent to submit the unsettled grievance to arbitration, the parties shall attempt to mutually select an impartial arbitrator. If the parties are unable to agree within five (5) days of that meeting upon the choice of an arbitrator, they shall request the Federal Mediation and Conciliation Service to submit a list of five (5) persons qualified to act as the impartial arbitrator. A representative of the Company and a representative of the Union shall meet within five (5) days of the receipt of the list and shall alternately strike two (2) names from the list, the party to strike first to be selected by lot. The fifth (5th), remaining person shall thereupon be selected as the impartial arbitrator.

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

SECTION C

During the hearing, each party shall have full opportunity to present evidence and argument, both oral and documentary. The impartial arbitrator will render his finding and award in writing within fifteen ( 15) calendar days after the conclusion of the hearing. The decision of the impartial arbitrator shall be final and binding. The impartial arbitrator shall have no authority to modify, amend, revise, add to or subtract from any of the terms or conditions of this Agreement.

SECTION D

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

ARTICLE X - MILITARY LEAVE

SECTION A

Employees entering the military or naval service, Red Cross, or other combat relief service or conscripted civil service of the United States during the 1ife of this Agreement will be placed on military leave of absence in accordance with the provisions of the Universal Military Training and Service Act, and will retain their seniority while in such service and be returned to their former positions upon honorable discharge from service, provided they are physically and mentally capable of working.

SECTION B

An employee who is a member of a military reserve unit and who is required to participate in active training will be granted a leave of absence without pay for the period of such training duty, not to exceed thirty (30) days in any year.

Rice Services, Inc.

An employee applying for leave under this Article will give the Company at least five (5) working days notice prior to reporting date, if possible.

ARTICLE XI· LEAVE OF ABSENCE

SECTION A

Employees are entitled to leaves of absence not exceeding one ( 1 ) year for good cause. Such leave of absence may be granted for restoration of health, medical, dental, or other treatment, maternity leave, or employment by the Union, and shall not prejudice seniority status for purposes of layoffs and recalls.

SECTION B

A leave of absence under this section will not be considered employment time for seniority. For example, an employee works continuously for nine (9) months and is granted a thirty (30) day leave of absence without pay. When the employee returns to work, he has nine (9) months seniority and will be required to work three (3) more months in order to have one (1) year seniority.

SECTION C

Upon return from a leave of absence, the employee will be returned to work for which he can qualify in his job classification on the basis of seniority.

SECTION D

Any ernployee who engages in gainful employment without permission of the Company while on leave of absence shall be subject to discharge.

SECTION E

All leaves of absence must be applied for in writing and if granted must be granted in writing by the Company.

SECTION F

All leaves of absence shall be for a specific designated period of time, and an employee may return to work earlier than the specifically designated date for his return only with the consent of the Company.

Rice Services, Inc.

ARTICLE XII • SHOP STEWARDS

. SECTION A

Shop stewards shall be designated by the Union from the group he or she is to represent, and the Union will notify the Company of the duly designated shop steward at the Base, with a copy of said notification to be sent to the Company's home office.

SECTION B

The shop stewards shall not interfere with management of the business or direct any work of any employee, but may advise the Company of any violations of the Agreement and also notify the employee participating therein.

SECTION C

Prior to leaving the work area, the shop steward will request permission from the supervisor. The shop steward will not leave the work area during rush hours.

SECTION D

Shop stewards shall be entitled to top seniority at the Base to the fullest extent allowed by law.

ARTICLE XIII - REST PERIODS

An employee who is scheduled to work for not less than four ( 4} continuous hours on a shift shall be entitled to one (1) ten (10) minute scheduled rest period during such four (4) hour period and an additional ten (10) minute rest period for any additional work of two (2) or more continuous hours.

ARTICLE XIV - LAYOFFS AND RECALLS

In the event of a reduction of forces, the Company will give reasonable notice of layoff, under the circumstances, to the employees with the least seniority, and will recall employees in the reverse order, such recall to be by job classification. No new employees will be hired until all qualified, laid-off employees have been recalled.

Laid off employees are responsible to keep current address and telephone number information at the Company Project Office. The Company fulfills its obligations under this Article by sending notice by telegram or by certified letter to the last known address of the employee. The employee must respond to the notice within 48 hours otherwise the vacant position will be filled by other means.

Rice Services, Inc.

ARTICLE XV· WAGES

The schedule of effective wage rates and job classifications for employees is set forth in Appendix "A", attached hereto.

ARTICLE XVI - OVERTIME

SECTION A

One and one-half {1 1/2) times the hourly rate of pay will be paid for all time worked in excess of forty { 40) hours per week.

SECTION B

For overtime purposes, a day is the twenty-four {24) period beginning with the starting time of the employee's regular work shift.

SECTION C

When a regular employee is called to work within two (2) hours of starting time of his next regular shift, he will receive two (2) hours pay at the employees regular rate of pay.

SECTION D

A regular employee who has completed his shift, has left the Company property and is thereafter called for work at any time prior to two (2) hours before next scheduled shift, will be provided with four { 4) hours of work or pay therefore at the applicable regular rate of pay.

SECTION E

When a regular employee works on his scheduled day or days off, he will be entitled to. work for the average number of daily hours performed by said employee or pay therefore at the applicable rate unless he consents to less time. No employee shall be compelled to accept overtime work, except in cases of emergency or when necessary to comply with governmental directives.

SECTION F

An employee whose overtime work period continues into his following work day will continue to receive overtime rates for all overtime so worked. If such overtime work period continues so that its termination falls within eight (8) hours prior to his resumption

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of work in the succeeding work day, he will receive one and one-half (1 1/2) times the hourly rate of pay for all time worked during his next regular work shift. The Company may, however, direct an employee to report for work after receiving eight (8) hours rest, and if such rest period extends into the employee's regular shift hours, he will receive no loss in his straight time base rate of pay.

SECTION G

When an employee works more than eight (8) hours in any twenty-four (24) hour period due to a change of shift pursuant to his request, or in accordance with the regular rotation of employees, such employee shall receive only straight time for the second eight

(8) hours or portion thereof worked during such twenty-four hour period.

SECTION H

When an employee works overtime beyond his shift, he will be entitled to a ten

(10) minute rest period at the completion of his regular shift, and another such rest period at the completion of this tenth (10th) consecutive hour if he is required to work beyond ten

(10) hours. On the same basis, similar rest periods will be provided after each additional two (2) hours worked, such periods will be scheduled as near to the appointed time as practicable, subject to requirements of the service.

SECTION I

No overtime will be worked except by prior direction of the proper supervisory personnel of the Company, except in case of emergency and when prior authority cannot be obtained.

SECTIONJ

Nothing herein shall be construed to require or pennit the pyramiding of overtime or overtime pay.

ARTICLE XVII - HEAL TH AND WELFARE

The Company shall pay the Health and Welfare Benefits as set forth in Appendix "B", attached hereto.

ARTICLE XVIII-VACATIONS

Employees shall be entitled to paid vacations as set forth in Appendix "D" attached hereto.

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ARTICLE XIX - HOLIDAYS

Holidays for which every employee will be compensated at the hourly base rate of pay are set forth in Appendix "C" attached hereto.

ARTICLE XX· SICK LEAVE

Sick leave will be paid as set forth in Appendix "E11 attached hereto.

ARTICLE XXI- PENSION

The Company shall pay pension benefits as set forth in Appendix "F', attached hereto.

ARTICLE XXll - UNIFORMS

Proper uniforms will be furnished and laundered by the Company without cost to the employee; provided, however, that an Employee may be entitled to compensation in accordance with certain provisions outlined in Appendix 11G", attached hereto.

ARTICLE XXlll - BEREAVEMENT LEAVE

Employees shall be entitled to paid Bereavement Leave as set forth in Appendix "H" attached hereto.

ARTICLE XXIV - JURY DUTY

An employee summoned to serve on a jury shall receive compensation as set forth in Appendix "1 11 attached hereto.

ARTICLE XXV - INDIVIDUAL CONTRACTS

No employee shall be compelled to enter into any individual contract or agreement with the Company concerning the conditions of employment contained herein.

ARTICLE XXVI - NO STRIKE - NO LOCKOUT

SECTION A

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

Rice Services, Inc.

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

SECTION C

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

ARTICLE XXVll - PICKET LINES

Refusal of an employee to cross a bona fide picket line established by a labor organization claiming to have a dispute with the Company and approved by the Union shall not be construed to be a breach of this Agreement.

ARTICLE XXVlll - EMPLOYEE INJURY

An employee injured during working hours shall receive the rest of the day off without loss of pay, provided that the injuries are· such that a doctor orders the employee not to return to work.

ARTICLE XXIX - GOVERNMENT REQUIREMENTS

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

ARTICLE XXX - GENERAL

SECTION A

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

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In the event any provision of this Agreement is declared invalid by any competent court or governmental agency on account of existing or future legislation, such invalidation shall not affect the remaining provisions of this Agreement.

SECTION C

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

SECTION D

Employees entering the service of the Company may be required to take a physical examination specified by the Company. Any time thereafter, an employee may be subjected to further physical examinations during the course of his employment or recall to service after layoff or leave of absence.

SECTION E

The Company shall provide bulletin board space for use by the Union.

SECTION F

Company payroll records with respect to any employee in the unit whose pay is questioned will be provided upon request of the Union within a reasonable period of time, except for payroll records with respect to the current period concerning such an employee, which may be examined by the Union upon request during business hours.

SECTION G

Subject to the express limitations of this Agreement, the Company retains the sole and exclusive right in its discretion to manage its business, to hire, discharge for cause, lay off, assign, transfer, promote or demote employees, to detennine the starting and quitting time, to establish, or discontinue or change operations, productions, or work standards or plant rules, provided, however, that with respect to any action which results in a change in established work rules, existing hours of work, or the size of the work force, the Company shall give prior notice to the Union before taking such action and shall afford the Union a reasonable opportunity to negotiate on such matters. Nothing herein shall prevent individual employees, either alone or with a Union representative, from consulting with Company representatives on problems relating to their individual work schedules.

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ARTICLE XXXI ·DURATION

This agreement shall become effective August 1 . 2008 and shall continue in full force and effect until July 31. 2011 and shall renew itself each successive August 1st thereafter unless written notice of an intended change is served in accordance with the Labor Management Relations Act, as amended, by either party hereto at least sixty (60) days, but not more than ninety (90) days prior to the termination date of the contract.

SECTION B

For the purpose of negotiating changes in wages, group insurance contributions, sick leave, vacation and holidays, as well as changes in or the introduction of other fringe benefit programs, for a covered facility, the parties shall meet on or about January 1st of each contract year. If the parties are unable to reach agreement by sixty (60) days of each year, either party may terminate this Agreement upon ten (10) days written notice to the other party.

·"7 _11N WITNES~HEREOF, the parties hereto have executed this Agreement this

_v_K_\f"-_ day of ...-~~ \ v\ , 2008.

FOR THE UNION:

INDUSTRIAL TECHNICAL AND PROFESSIONAL

EMPLOYEES UNION, AFL-CIO

Dennis M.Conley ( ITPE Representative .

FOR THE COMPANY:

RICE SERVICES, INC.

Rice Services, Inc.

APPENDIX "A" - WAGES

Cook I Cook II Cashier Food Sanitation Specialist Salad Maker Shift Leader Baker

EFFECTIVE OCTOBER 1, 2008:

CURRENT

$11.44 $12.45 $10.05 $10.00 $10.00 $10.08 $12.45

EFFECTIVE

OCTOBER 1, 2008

$11.74 $12.75 $10.35 $10.30 $10.30 $10.58 $12.75

SHIFT DIFFERENTIAL

Any employee who works between the hours from 8:00 p.m. to 4:00 a.m. shall receive thirty-five Cents ($ .35) per hour in addition to their regular rate of pay.

APPENDIX "B" - HEAL TH & WELFARE

CURRENT:

The Company shall contribute to the ITPE Health and Welfare Plan the sum of three dollars and sixteen cents ($3.16) per hour for all straight time hours worked plus all hours of paid vacation, holidays and sick leave, for each and every employee covered by this Agreement.

In executing this Agreement, the Company agrees to be bound by the terms· and conditions of the Agreement and Declaration of Trust establishing the ITPE Health and Welfare Plan and any amendments duly adopted thereto.

The Company further agrees to be bound by all resolutions and other actions taken by the Board of Trustees of such Plan.

EFFECTIVE OCTOBER 1. 2008:

The Company shall contribute to the ITPE Health and Welfare Plan the sum of three dollars and twenty-four cents ($3.24) per hour for all straight time hours worked plus all hours of paid vacation, holidays and sick leave, for each and every employee covered by this Agreement.

In executing this Agreement, the Company agrees to be bound by the terms and conditions of the Agreement and Declaration of Trust establishing the ITPE Health and Welfare Plan and any amendments duly adopted thereto. ·

Rice Services, Inc.

Page 21of25

. The Company further agrees to be bound by all resolutions and other actions taken by the Board of Trustees of such Plan.

APPENDIX "C'' - HOLIDAYS

CURRENT & EFFECTIVE OCTOBER 1, 2008:

1. New Year's Day

2. Martin Luther King JR's Birthday

3. Washington's Birthday

4. Memorial Day

5. Independence Day

6. Labor Day

7. Columbus Day

8. Veteran's Day

9. Thanksgiving Day ·

10. Christmas Day

APPENDIX "D" -VACATION

CURRENT & EFFECTIVE OCTOBER 1, 2008:

Vacation is earned based on the total number of years of service and is calculated on productive hours worked.

After one (1) of service, one (1) week vacation.

After three years (3) years of service, three (3) week vacation.

After ten ( 10) years of service, four ( 4) weeks of vacation.

APPENDIX "E" - SICK LEAVE

CURRENT & EFFECTIVE OCTOBER 1, 2008:

SECTION A

All employees shall receive paid sick leave benefits accruable on the basis of one

(1) day of sick leave per each two (2) months worked (six (6) days per year).

SECTION B

All accrued unused sick leave benefits shall be paid to all eligible food service employees in cash by December 1 of each year, or when the employee leaves the Company's employ, whichever comes first.

Rice Services, Inc.

No employee shall be eligible for paid sick leave until they have accrued a minimum of one {1) day. Any employee who voluntarily resigns from the employment of the Company and having accrued less than one ( 1) day of sick leave, shall not be entitled to sick leave pay.

SECTION D

Upon applying for paid sick leave benefits, an employee may be required to furnish the Company with a signed, bona-fide physician's statement attesting to the employee's physical condition and duty status.

SECTION E

It shall be a condition of qualifying for paid sick leave benefits that an employee call either their immediate supervisor or Company representative within a reasonable amount of time prior to their regular scheduled work period, advising of their intention to take sick leave, in order that the Company may obtain a temporary replacement.

APPENDIX "F" - PENSION

CURRENT & EFFECTIVE OCTOBER 1, 2008:

The Company shall contribute to the ITPE Pension Plan the sum of sixty-five cents ($0.65) per hour for all straight time hours worked plus all hours of paid vacation, holidays and sick leave, for each and every employee covered by this Agreement.

In executing this Agreement, the Company agrees to be bound by the terms and conditions of the Agreement and Declaration of Trust establishing the ITPE Pension Plan and any amendments duly adopted thereto.

The Company further agrees to be bound by all resolutions and other actions taken by the Board of Trustees of such Plan.

Rice Services, Inc.

Page 23of25

APPENDIX "G" - UNIFORMS

CURRENT & EFFECTIVE OCTOBER 1, 2008:

All employees shall be reimbursed for laundering and maintaining Company furnished unifonTis at a rate of $3.35 a week (or sixty-seven cents ($0.67) a day).

However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dries with other personal garments, and do not require any special treatment such as dry cleaning, daily washing or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the government contract, by the contractor, by law or by the nature of the work, there is no requirement that employees be reimbursed for unifonn maintenance costs.

APPENDIX "H" - BEREAVEMENT LEAVE

CURRENT & EFFECTIVE OCTOBER 1, 2008:

In the instances of the death of a member of the immediate family of an employee, occurring after the completion of the employee's probationary period, the Company will grant a paid leave of not more than three (3) days to enable such employee to attend the funeral and otherwise assist in arrangements pertaining to the burial of a member of the family. A days per will consist of the employee's regular base rate for the hours scheduled for the time during which the bereavement leave occurs and shall be applicable only to days within his regular work week.

The tenTI "Immediate Family'' used herein is defined as consisting of the following members only:

MOTHER. FATHER. SPOUSE OR CHILDREN

No employee otherwise entitled to bereavement leave this Article shall receive such benefits unless he/she gives reasonable notice to the Company prior to taking time of for bereavement leave. The employee must have completed the probationary period set forth herein.

Rice Services, Inc.

APPENDIX "I" - JURY DUTY

CURRENT & EFFECTIVE OCTOBER 1, 2008:

If an employee is summoned to serve on the jury o his or her regular scheduled work day they shall be paid the difference between the amount they receive for jury duty Abu their usual rate of pay.

In order to be eligible for this compensation, the employees shall furnish to the employer a written statement from the Clerk of the Court showing that they were summoned and also the amount received for jury duty.

Rice Services, Inc.

SUPPLEMENTAL AGREEMENT

Agreement made this Thh. day of A~v1.c;.-l , 2012, by and between Industrial, Technical and Professional Emplc)y s Union, OPEIU Local 4873, AFL-CIO, hereinafter referred to as the "Union,,, and Rice Services, Inc •• hereinafter referred to as the "Company".

Whereas, the parties have entered into a Collective Bargaining Agreement effective August 1, 2011 covering wages, hours and working conditions of the food service employees employed by the Company at Moody AFB, GA, and

Whereas, the said Agreement provides that the parties shall meet on or about June 161 for the purpose of negotiating changes, in wages and fringe benefits.

Now, therefore, it is hereby agreed as follows:

Cook I Cook II Cashier Food Sanitation Specialist Salad Maker Shift Leader Baker

WAGES

CURRENT

$12.54 $13.55 $11.15 $11.10 $11.10 $11.38 $13.55

EFFECTIVE

OCTOBER 1, 2012

$12.79 $13.80 $11.40 $11.35 $11.35 $11.63 $13.80

SHIFT DIFFERENTIAL

CURRENT & EFFECTIVE OCTOBER 1, 2012:

Any employee who works between the hours from 8:00 p.m. to 4:00 a.m. shall receive thirty-five Cents ($0.35) per hour in addition to their regular rate of pay.

HEALTH & WELFARE

CURRENT:

The Company shall contribute to the ITPE Health and Welfare Fund the sum of three dollars and fifty-nine cents ($3.59) Qer hour for all straight time hours worked plus all hours paid for vacation, holidays and sick leave, for each and every employee covered by this Agreement.

In executing this Agreement, the Company agrees to be bound by the terms and conditions of the Agreement and Declaration of Trust establishing the ITPE Health and Welfare Plan and any amendments duly adopted thereto.

Rice Services, Inc.

The Company further agrees to be bound by all resolutions and other actions taken by the Board of Trustees of the ITPE Health & Welfare Fund.

EFFECTIVE OCTOBER 1. 2011:

The Company shall contribute to the ITPE Health and Welfare Fund the sum of three dollars and seventy-one cents ($3.71) per hour for all straight time hours worked plus all hours paid for vacation, holidays and sick leave, for each and every employee covered by this Agreement.

In executing this Agreement, the Company agrees to be bound by the terms and conditions of the Agreement and Declaration of Trust establishing the ITPE Health and Welfare Plan and any amendments duly adopted thereto.

The Company further agrees to be bound by all resolutions and other actions taken by the Board of Trustees of the ITPE Health & Welfare Fund ..

HOLIDAYS

CURRENT & EFFECTIVE OCTOBER 1, 2012:

1. New Year's Day

2. Martin Luther King JR's Birthday

3. Washington's Birthday

4. Memorial Day

5. Independence Day

6. Labor Day

7. Columbus Day

8. Veteran's Day

9. Thanksgiving Day

10. Christmas Day

VACATION

CURRENT & EFFECTIVE OCTOBER 1, 2012:

Vacation is earned based on the total number of years of service and is calculated on productive hours worked.

After one (1) of service, one (1) week vacation.

After three years (3) years of service, three (3) week vacation.

After ten (10) years of service, four (4) weeks of vacation.

SICK LEAVE

CURRENT & EFFECTIVE OCTOBER 1, 2012:

SECTION A

All employees shall receive paid sick leave benefits accruable on the basis of one (1) day of sick leave per each two (2) months worked (six (6) days per year).

Rice Services, Inc.

'ri

All accrued unused sick leave benefits shall be paid to all eligible food service employees in cash by December 1 of each year, or when the employee leaves the Company's employ, whichever comes first.

SECTION C

No employee shall be eligible for paid sick leave until they have accrued a minimum of one

(1) day. Any employee who voluntarily resigns from the employment of the Company and having accrued less than one {1) day of sick leave, shall not be entitled to sick leave pay.

SECTION D

Upon applying for paid sick leave benefits, an employee may be required to furnish the Company with a signed, bona-fide physician's statement attesting to the employee's physical condition and duty status.

SECTION E

It shall be a condition of qualifying for paid sick leave benefits that an employee call either their immediate supervisor or Company representative within a reasonable amount of time prior to their regular scheduled work period, advising of their intention to take sick leave, in order that the Company may obtain a temporary replacement.

PENSION

CURRENT & EFFECTIVE OCTOBER 1, 2012:

The Company shall contribute to the ITPE Pension Fund the sum of sixty .. five cents ($0.65) per hour for all straight time hours worked plus all hours paid for vacation, holidays and sick leave, for each and every employee covered by this Agreement.

In executing this Agreement, the Company agrees to be bound by the terms and conditions of the Agreement and Declaration of Trust establishing the ITPE Pension Plan and any amendments duly adopted thereto.

The Company further agrees to be bound by all resolutions and other actions taken by the Board of Trustees of the ITPE Pension Fund.

Rice Services, Inc.

UNIFORMS

CURRENT & EFFECTIVE OCTOBER 1. 2012:

All employees shall be reimbursed for laundering and maintaining Company furnished unifonns at a rate of $3.35 a week (or sixtv-seven cen1~_Cl_Q.:9.D a day). However, in those instances where the uniforms furnished are made of ''wash and wear" materials, may be routinely washed and dries with other personal garments, and do not require any special treatment such as dry cleaning, daily washing or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the government contract, by the contractor, by law or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs.

BEREAVEMENT LEAVE

CURRENT & EFFECTIVE OCTOBER 1. 2012:

In the instances of the death of a member of the immediate family of an employee, occurring after the completion of the employee's probationary period, the Company will grant a paid leave of not more than three (3) days to enable such employee to attend the funeral and otherwise assist in arrangements pertaining to the burial of a member of the family. A days per will consist of the employee's regular base rate for the hours scheduled tor the time during which the bereavement leave occurs and shall be applicable only to days within his regular work week.

The term "Immediate Family" used herein is defined as consisting of the following members only:

MOTHER, FATHER, SPOUSE OR CHILDREN

No employee otherwise entitled to bereavement leave this Article shall receive such benefits unless he/she gives reasonable notice to the Company prior to taking time of for bereavement leave. The employee must have completed the probationary period set forth herein.

JURY DUTY

CURRENT & EFFECTIVE OCTOBER 1, 2012:

If an employee is summoned to serve on the jury o his or her regular scheduled work day they shall be paid the difference between the amount they receive for jury duty Abu their usual rate of pay.

In order to be eligible for this compensation. the employees shall furnish to the employer a written statement from the Clerk of the Court showing that they were summoned and also the amount received for jury duly.

Rice Services, Inc.

In Witness Whereof, the parties hereto have hereunder set their hands and seals on the date first above written.

FOR THE UNION:

Industrial, Technical and Professional…