CBA-ATTACHMENT 3-Mess Attendant 10012018-09302019.pdf

COLLECTIVE BARGAINING AGREEMENT

Between

UNITED FOOD & COMMERCIAL WORKERS

LOCAL 368A

AND

BR MANAGEMENT SERVICES, INC.

(Mt. Home AFB, Idaho)

October 1, 2018 - September 30, 2019

Local

Contents

ARTICLE 1

ARTICLE 2

ARTICLE 3

ARTICLE 4 - MANAGEMENT RIGHTS

ARTICLE 5 - EQUAL EMPLOYMENT OPPORTUNITY

ARTICLE 6 - HOURS OF WORK

ARTICLE 7 - MEALS AND REST PERIODS

ARTICLE 8 - SHIFTS

ARTICLE 9 - SEN IORITY

ARTICLE 10 - HOLIDAYS

ARTICLE 11 - VACATIONS

ARTICLE 12 - SICK LEA VE

ARTICLE l3 - FUNERAL LEAVE ARTICLE l4- UNIFORMS

ARTICLE 15 - HEALTH AND WELFARE

ARTICLE 16 - UNION ACCESS

ARTICLE l 7 - SHOP STEW ARDS

ARTICLE 18 - WAGES

ARTICLE 19 - CLAIM FOR WAGES

ARTICLE 20 - DISCIPLINE, DISCHARGE OR SUSPENSION

ARTICLE 21 - GRIEVANCE PROCEDURE AND ARBITRATION ........................ l5

ARTICLE 22 - TRAINING

ARTICLE 23 - LEAVE OF ABSENCE

ARTICLE 24 - STOPPAGE OF WORK

ARTICLE 25 - GOVERNMENT REQUIREMENTS

ARTICLE 26-TERMINATION OF CONTRACT

ARTICLE 27 - SEVERABILITY

ARTICLE 28 - ENTIRE AGREEMENT

ARTICLE 29 - SUCCESSORS CLAUSE

ARTICLE 30 - DURATION

APPENDIX A - WAGE RA TES

LETTER OF UNDERSTANDING - DRUG AND ALCOHOL POLICY

LETTER OF UNDERSTANDING- DUES CHECK-OFF

ARTICLE 1

1.1 The Company recognizes the Union as the sole agency for the purpose of collective bargaining for all Mess Attendant and Cook employees of the Company at Mountain Home Air Force Base, Idaho.

1.2 All other services from all facilities or classifications not specifically stated in Section 1.1 shall be excluded, including but not limited to, the following classifications;

Management employees; supervisors as defined by the National Labor Relations Act including the project manager, supervisor; administrative and office employee; and salary personnel.

ARTICLE2

2.1 Probationarv Employees: The probationary period for new employees is four hundred and twenty ( 420) hours of work within a ninety (90) day period, whichever if reached first (1 51

). However, upon mutual agreement between the Company and employee involved, this period may be extended by mutual agreement. At the end of probation time there will be job performance evaluation between management and employee.

2.2 Regular Employees: Regular employees are individuals who have successfully completed the probationary period. Provided they meet the other necessary qualifications, regular employees are eligible for all other employee benefits.

ARTICLE3

3. l Union Membership: It shall be a condition of employment that each employee of the Company covered by this Agreement who is a member of the Union in good standing on the effective date of this Agreement shall remain a member in good standing, and any employee who is not a member of require on the effective date of this Agreement shall on the thirtieth (301h) day following the effective date of this Agreement, become and remain a member in good standing in the Union. It shall also be a condition of employment that each employee covered by this Agreement and hired on or after its effective date shall, on the thirtieth (301h) day following the beginning of such employment, become and remain a member in good standing in the Union.

3.2 Membership in good standing shall be defined by Federal Law, specifically no employee shall be considered as having failed to maintain his membership so long as he regularly tenders to the Union his uniform monthly dues and/or uniform initiation fee.

3.3 The Company need not tenninate any employee for failure to maintain his/her membership unless he fails or refuses to cure his/her dues delinquency within fifteen ( 15) days after the Union has given the Company a written notice by registered mail requesting such te1mination. Before sending the Company such a request, the employee shall first be given written notice by registered mail by the Union to pay his/her delinquent dues. No Union dues shall be required dwing the probationary period.

3.4 The Union agrees that it will make membership in the Union availab le to all employees subject to this Agreement on the same terms and conditions as are generally applicable to other members of the Union.

3.5 Indemnification: The Union shall indemnify the Company, excluding attorney's fees, and the Union shall be responsible for all claims, demand, suits or other forms oflegal action arising out of any action taken by the Company at the Union's request for the purpose of complying with Article 3.1 Union membership

ARTICLE 4 - MANAGEMENT RIGHTS

4.1 The Company retains all the customary, usual and exclusive rights, decision making, management prerogatives, functions and authority connected with or in any way incident to its responsibility to manage the Company or any part of it unless specifically and expressly limited by the tenns of this Agreement.

4.2 Unless otherwise expressly restricted by a specific prov1s1on of this agreement, the Company shall have the sole and exclusive right, at its own discretion, to exercise the following rights, which are not meant to be exclusive:

A. Controlling, directing and managing business operations and/or determining the existence or non-existence of facts which are the basis for management decisions;

B. Determining the price for which it contracts its services, the types of services rendered, the methods of financing, the types of equipment to be used.

C. Installing, changing, or discontinuing, in whole or in part, policies, practices, methods, processes, procedures, materials, products, equipment, or operations;

D. Improving quality of work and efficiency and reduce costs;

E. Directing the work force, including the number of hours per day, per week and per year its operation shall be carried on and the schedules thereof;

F. Assigning employees to particular types of work, classification, shifts, hours, days, machines, equipment or places of work on a temporary basis and in compliance with Article 8;

G. Selecting and determining at its discretion the number, classification and competency of employees, including detennination of their skills, qualifications and ability;

H. Hiring, assigning, transfening, laying off and promoting employees, including detennining the need for a layoff;

I. Adopting, enforcing, revising and modifying all safety and reasonable employee conduct rules and employment policies;

J. Subcontracting maintenance work or operations, in whole or in part, when the Company detennines that such is necessary for efficiency, economy, quality, emergency, or other business considerations;

K. Reprimanding, disciplining, suspending, demoting, or discharging a regular employee for just cause. A probationary employee may be disciplined or discharged for any reason and any such employee shall not have the right to file a grievance or have other recourse through the grievance procedure, and is not within the jmisdiction of an arbitrator;

L. CaiTying out directions of the Air Force and/or United States Government, notwithstanding any other provisions of this Agreement.

4.3 The exercise of any management, prerogative, function, or right is not subject to A tticle 2 1, Grievance Procedure and Arbitration, and is not within the jurisdiction of any arbiter, unless the Union can prove that the Company exercised its prerogative, function, or right in an arbitrary or capricious manner.

4.4 If the Company does not exercise ai1y functions reserved to it, or if it exercises such function in a particular way, such conduct shall not be deemed a waiver of its rights to exercise such function in the future or preclude the Company from exercising the same function in some way in conflict with an express prohibition contained within this Agreement.

4.5 Any subject covered or referred to by the tenns of this Agreement, including the exercising of the management rights contained in this Article, or any subject which was or could have been raised in the course of collective bargaining is closed to further bargaining for the term of this Agreement, unless otherwise altered or amended by mutual written agreement between the Company and the Union.

ARTICLE 5 - EQUAL EMPLOYMENT OPPORTUNITY

5.1 The Company and the Union will comply with all Federal and State equal employment opportunity laws.

5.2 The parties agree that, there shall be no discrimination on account of race, color, religion, sex, sexual orientation, age, national origin, citizenship status, marital status, disability, Vietnam-era or disabled veteran status and all other applicable legally protected classifications.

ARTICLE 6 - HOURS OF WORK

6.1 Work Week Schedules: The monthly work schedule will be out no later than five (5) days prior to the first day of each month. The Company agrees to give scheduled employees twenty-four (24) hours advance notice of a change in their monthly work schedule.

6.2 Overtime: Employees shall be paid one and one-half (1 'h) times their regular hourly rate for all authorized work in excess of forty (40) hours in a work week.

For the purpose of computing overtime, only authorized hours actually worked shall be counted, The Company has the right to require reasonable overtime work but employees shal I not be required to take time off in lieu of overtime pay. Call-ins will not exceed forty

(40) hours per week. Call-ins who are available for work shall be assigned any additional work, giving the regular work.

6.3 No Guarantee: The provisions of this Article shall not be construed a as guarantee of hours of work per day or per week, or of days of work per week. Regular hours of work will be scheduled in accordance to seniority, by job classification. The Company will maximize the hours of work for the existing work force, up to forty ( 40) hours per week, prior to hiring new employees. However, the Company retains the right to hire new employees in order to fulfill the needs of business.

6.4 Distribution of Overtime: Overtime shall be distributed by the Company in order to maintain an efficient operation and will be offered to employees by order of seniority. For "planned" overtime or extra straight time hours of work, the overtime will be offered by order of seniority of the entire employee pool. For "unplanned" overtime or extra straight time hours of work, the overtime will be offered by order of seniority of the people working the existing shift.

6.5 Minimum Work: When employees are required to report for work on their scheduled day off, employees shall receive three (3) hours of work or if no work is available, three (3) hours of pay at the rate applicable to the work scheduled.

6.6 Exception: However, the three (3) hours minimum work provision shall not apply and the employees shall be paid for actual time worked, if any, in the event of:

A. Strikes or work stoppages in connection with a labor dispute, acts of God, inclement weather, or any condition beyond the Company's control.

B. An employee refusing to accept an assignment or reassignment.

C. An employee leaves the job of his own volition, quits, is suspended or discharged.

6. 7 The Company shall pay employees their regular straight time hourly wage rate for actual time attending meeting or training sessions designated mandatory by the Company.

6.8 No Pyramiding:

overtime pay or premium pay.

There shall be no pyramiding or compounding of

6.9 It is intended that there shall be no "free" or "time-off-the-clock" work practices under this Agreement.

ARTICLE 7 - MEALS AND REST PERIODS

7 .1 Lunch Periods: One (1) uninterrupted thirty (30) minute lunch period shall be allowed the employee du1ing each shift which exceeds four (4) hours. One (1) or two (2) uninterrupted thirty (30) minute lunch periods, as detennined by the Company, shall be allowed to employees working a special shfft, e.g. mess checker, store room person, yard person during each full time shift. Whenever possible lunch periods will not be scheduled during the first and last hours of the shift. In the event an employee is required to work over their normal shift and have earned but not received their second thirty (30) minute lunch period, their time will be adjusted and they will be paid an additional thirty

(30) minutes. Lunch periods may be wai ved if mutually agreed to between the Employer and the Employee.

7.2 Rest Periods: For every four (4) hours worked, there will be a fifteen (15) minute break given. If asked to work overtime the employee will be given an additional ten (10) minute break. The rest periods shall not be taken at the beginning or end of the employees' shift, nor shall it be a continuation of the employee's lunch period. The rest period shall be taken as near as possible to the middle of each work period that exceeds four (4) hours, but shall not be taken during rush hours. In no event shall any employee be entitled to more than two (2) 15 minute rest periods per eight (8) hour day. In the event an employee is required to work over their normal shift and have earned but not received the additional ten ( I 0) minute break, their time will be adjusted and they will be paid an additional ten (10) minutes.

ARTICLE 8 -SHIFTS

8.1 The Company reserves the right to assign employees to rotating shifts. The new shift schedule shall be posted two (2) weeks in advance, except in cases of an emergency.

Definition o(Temporary Vacancv, A temporary vacancy is defined as any other vacancy. Such a vacancy shall be filled by the Company in any convenient manner as it determines appropriate.

8.2 Posting: The Company shall post the job vacancy on the employee bulleting boards for seven (7) working days.

8.3 Qualified employees, by seniority, may apply for job vacancy only by applying in writing and interviewing with the Project Manager.

8.4 The Company reserves the rights to fill a regular vacancy until such vacancy is filled according to Sections 8.2 and 8.3, but not to exceed a two (2) week period.

ARTICLE 9 - SENIORITY

9.1 Definitions:

A. Senioritv: Defined as an employee's total length of service from the employee's last date of hire at the Base with the Company or with a predecessor contractor engaged in providing food services at the Base, provided there has been no break in seniority under Section 9 of this Article and/or under prior predecessor contractor collective bargaining agreements.

B. Competence: The tenn competence or competent as used in this Agreement shall mean skills, ability, qualifications and fitness to fully perfonn the work to the Company's standards. Experience in a job obtained through temporary assigrunent or occasional performance of a job through previous employment shall not, of itself, indicate that the employee is competent to perform the work.

9.2 Application o{Seniority:

A. Reduction in Force: In the event of a reduction in force, the Company reserves the right to retain the most competent employee as defined in 9 .1 B. When the competence of employees is substantially equal, the principle of seniority shall apply. The Company shall be the sole judge of competence. Layoffs due to the closure of the Wagon Wheel Dining Hall, no seniority or vacation time shall be affected.

B. Recall: Displaced employees shall be placed on a "call list" and recalled to work in reverse order of layoff, subject to the same conditions outlined above.

Employees may not refuse recall to any opening on any shift or positions including a return to their former positions.

9.3 Loss of Seniority: Seniority shall be broken and employment tenninated by any of the following events:

A. Discharge for just cause.

B. Resignation or quit.

C. For employees with less than three (3) years of senio1ity: Absences of one year due to layoff or absences from work due to a non-state industrial accident or illness.

D. Failure to repo1t for work as scheduled at the expiration of a vacation, leave of absence, including medical or military leave or disciplinary suspension without extension of time being granted by the Company.

E. Failure to report for work within twenty-four (24) hours after being contacted or within seventy-two (72) hours after a request to return to work is received by registered or certified mail at the employee's last address shown on Company records when recalled from layoff. The term ''received" means the date the post office delivers the first notice or of letter.

F. Unexcused absence of one (1) scheduled working day without notification to the Company by the completion of employee's shift on that day.

G. Failure to return to work within one (1) year because of an on-the-job injury or illness. This period may be extended by mutual written agreement between the Company and the Union.

An employee who is medically released to return to work after suffering an on-the job or off-the-job injury or illness shall be returned to work subject to the same conditions as outlined in Section 9.2 of this Agreement. Provided the employee has submitted a medical release to the Company within three (3) calendar days from the date the release was issued. An employee who does not submit a medical release to the Company within three (3) calendar days of the date it was issued shall be considered to have voluntarily quit.

ARTICLE 10-HOLIDAYS

10.1 Contractual Holidays:

A. All employees who have passed the probationary period in Article 2.1 shall receive pay for the holidays listed below:

1. New Year's Day 6. Columbus Day

2. Martin King Jr. 's Birthday 7. Veterans Day

3. Washington's Birthday 8. Thanksgiving Day

4. Memorial Day 9. Christmas Day

5. Independence Day 10. Employee's Birth Day

6. Labor Day

Such holidays shall be observed on the day designated by Federal Law.

B. Eligibility: In order for an employee to qualify for a paid holiday, he must be a regular employee and have worked his regularly scheduled work day immediately preceding the holiday or his regular scheduled work day immediately following the holiday, unless excused by the Company, by reason of a substantiated illness, or bereavement leave, or approved personal leave.

Additionally, such scheduled work day before and after the holiday, must fall within two (2) calendar days before and after the date on which the holiday was observed unless the employee is on a scheduled vacation of at least two (2) days in duration.

In the event of such a vacation, the employee's scheduled work day must fall two (2) calendar days immediately before and after the days on which the vacation is observed.

C. Holiday Pay: Holidays, for which every employee will be compensated at the hourly base rate of pay, are set forth in Appendix "A" attached hereto. The average compensated hours in the preceding payroll year shall be used to compute the number of hours for which an employee shall receive as holiday pay. (See 2014 Bargaining Note #1)

Any work perfonned on a holiday will be paid at the employee's regular rate of pay in addition to the holiday pay. If any of the named holidays fall on a non-working day, the employees shall either observe the holiday on the following working day or shall receive pay for their average number of hours normally worked in lieu of the observance above their normal compensation for work perfonned.

When the Company requires work on any shift on a holiday, the Company will first seek qualified volunteers for such work. If there are not enough volunteers for such work, the Company will select qualified employees to protect the work to be perfo1med in reverse seniority; however, if too many volunteer, the Company will select qualified employees to protect the work in order of seniority.

l 0 .. 2 Holiday During Vacation: If a holiday for which an employee is entitled to holiday pay is observed within the employee's vacation period, the employee shall be granted an extra day's vacation at the end of the vacation period.

ARTICLE 11- VACATIONS

11. l Employees who have been employed by the Company and/or by predecessor contractors at the Base continuously (without a break in seniority) are eligible to receive vacation pay as follows: (for clarification of earned vacation pay upon the termination of the contractual relationship between the Company and Mountain Home Air Force Base, see 11. 7: Change in Contractor below)

Length of Seniority As of Vacation Anniversarv Date

Vacation Benefit

At least one ( 1) year but less than five (5) years of seniority

At least five (5) years but less than nine (9) years of senio1ity

At least nine (9) years or more of seniority

2 weeks vacation

3 weeks vacation

4 weeks vacation

11.2 Vacation Pay: Vacation pay shall be paid at the employee's regular straight time rate of pay, including night premium if applicable and Health & Welfare, excluding Unifo1m Allowance. Earned vacation hours shall be based upon the average compensated hours in the preceding payroll year. (See 2014 Bargaining Note #1)

11.3 Vacation Scheduling: The Company shall post during the months of January and Febmary a vacation calendar for employees to designate their vacation preference. Vacation preference shall be granted to employees with the greatest Company seniority. However, after March 1, vacation preference shall be granted to employees in the order in which vacation requests are received by the Company with those received first given first priority. Employees shall schedule their vacation as far in advance as reasonably possible. However, because of the nature of the work or to allocate vacation period between employees, it may be necessary to limit the number or prohibit any employees taking vacation during a particular period of time. Time granted for vacation shall be mutually agreed upon between the Company and the employee, but the final determination of the vacation periods shall be reserved by the Company in order to assure orderly conduct of its operations.

11.4 Vacation is to be taken within twelve (12) months subsequent to the date the vacation is earned. If denied requested vacation due to the needs of business, any unused vacation for the current anniversary year will be paid at the employee's next anniversary date.

11.5 Vacations must be scheduled in minimum increments of five (5) consecutive days unless otherwise mutually agreed between the Company and employee.

Employees with three (3) weeks or more of earned vacation may elect to use one week (five (5) days) of vacation one day at a time. The Company shall be given at least two (2) weeks notice of the need for one day of vacation except for in cases of emergency or if the employee could not have reasonably known of the need for the requested day.

11.6 In the event of an emergency, the Company reserves the right to cancel an approved vacation in advance of it being taken. In the event of such a cancellation, the employee shall have the right to reschedule his vacation and the Company shall not cancel or modify the employee's rescheduled vacation.

11. 7 Change in Contractor: The CUITent Company shall furnish a verified payroll accounting of all remaining vacation days/hours earned/owed for each employee, at the time the current Company's agreement with the Air Force expires, to the Air Force contracting office, UFCW Local 368A and made available to the incoming Contractor.

For the purpose of new contractor bidding, an estimate of this information will be provided to the Air Force contracting office no later than two months before the current Company's agreement expires with the Air Force.

No vacation time requests will be unreasonably denied for the purpose of avoiding payment by the current Company, thus deferring payment to the incoming Contractor.

ARTICLE 12 - SICK LEA VE

12. l Accrual: All employees shall receive paid sick leave benefits accruable on the basis of three (3) days per quarter. The average number of compensated hours during the preceding payroll year shall be used to compute the number of hours for each day an employee shall receive sick leave pay. (See 2014 Bargaining Note # l)

12.2 Beginning with the first day of any hospitalized illness or non-compensable injury, including outpatient or day surgery, the days shal l be paid for if sufficient time has been accumulated. Beginning with the first work days of any non-hospitalized illness or non-compensable injury for which a doctor has knowledge, such as monthly problems, migraine headaches, etc., the succeeding days lost shall be paid for if sufficient time has accumulated.

In the event a holiday falls during a period of such leave, an employee shall be paid holiday pay, if eligible, in lieu of sick leave for that day. Written proof of such illness from the attending doctor may be required as detennined by the Company as a condition of sick leave.

12.3 Amount of Pay:

regular straight time rate.

Payment for sick leave time shall be the employee's

12.4 Sick Leave Bank: Sick leave allowance shall be used only for bona fide illness of an employee as determined by a Doctor. Any unused sick leave shall be accumulated and paid quarterly. Quarterly unused sick leave payments shall be paid by a separate check.

12.5 Accumulated, but unused sick leave benefits will be paid to all employees upon the employee's tennination, or upon the termination of the contractual relationship between Company and Mountain Home Air Force Base.

12.6 Employees who are disabled from work due to maternity are entitled to utilize sick leave on the same basis as employees who are absent for other types of illness or non-compensable injury.

12. 7 Abuse of sick leave shall be treated as falsifying reports as set forth in Section 20.2.

ARTICLE 13 - FUNERAL LEAVE

13 .1 Full time employees shall be granted up to three (3) consecutive days off, as required, with their average daily straight time pay per day in the event of a death in the immediate family, and provided the employee attends the funeral of the deceased.

Immediate family shall be defined as father, mother, step-parents, mother-in-law, father in-law, spouse, son, son-in-law, daughter, daughter-in-law, brother, brother-in-law, sister, sister-in-law, grandchildren, grandparents of the employee and foster children (that were currently living in the employee's home). Employees shall be granted one (1) day off with their average daily straight time pay to attend the funeral of their spouse's grandparent(s).

13.2 Funeral leave will be paid only with respect to a workday on which the employee would have otherwise worked and will not apply to an employee's scheduled day off, holidays, vacations or any other day on which the employee would not have otherwise worked. Scheduled days off will not be changed to avoid payment of funeral pay.

13.3 Additional leave which is necessary may be granted, without pay as provided for in Article 23, Leave of Absence.

13.4 The Company as it determines appropriate may require proof of death.

Acceptable proof must be provided before funeral leave will be paid.

ARTICLE 14- UNIFORMS

14.1 Proper uniforms will be furnished and laundered by the Company without cost to the employees, provided however, that the Company may require or permit employees to launder and maintain unifonns furnished by the Company. When any employee is required or permitted to launder and maintain Company furnished unifonns, he/she will be compensated at the rate of forty cents ($.40) per hour for each regular hour worked.

14.2 If the uniforms aren't available and employees have to replace articles of the unifonn, the employee will be reimbursed for that article of uniform.

ARTICLE 15 - HEALTH AND WELFARE

15.1 The Company agrees to pay all employees $ 5.95 per hour in addition to their straight-time hourly rate not to exceed forty (40) hours in any week for health and welfare benefits. (See 2014 Bargaining Note #2)

ARTICLE 16 - UNION ACCESS

16.1 The authorized business agent or representative of the Union shall be permitted, under reasonable circumstances and after notifying the Company at least twenty-four (24) hours in advance, except in the case of emergencies, to talk to any Union employee at the work site. It is agreed that the time taken for such interviews shall not be on the Company's time, but shall be conducted during lunch or rest periods or before or after shift.

16.2 It is further agreed that such interviews will be conducted in the break or office areas and not at the employee's work station.

16.3 All contacts will be handled so as not to interfere with the employee' s work.

ARTICLE 17 - SHOP STEWARDS

17.1 The Uni.on shall have the right to appoint Shop Stewards. The Union shall notify the Company in writing as to the names of the Shop Stewards and of any changes.

The Shop Stewards shall be recognized by the Company as having authority to report any irregularities concerning the interpretation or application of the provisions of this Agreement in the establislunent to the Union and to assist officers of the Union in the adjustment of grievances when requested to do so by the officers. The duties of the Shop Stewards shall not interfere with the normal performance of his work for the Company.

The duties of the Shop Stewards shall be conducted during lunch or break periods, or before or after shift.

ARTICLE 18 - WAGES

18.1 The minimum wage rates effective during the term of this Agreement set forth in Appendix A and incorporated by reference. From time to time, employees may receive wage rates that are greater than those provided in Appendix A. Such greater wage rates are paid at the sole discretion of the Company and may be discontinued at the Company's sole discretion. The exercise of this discretion shall not be subject to the grievance procedure and not within the jurisdiction of any arbitrator.

ARTICLE 19- CLAIM FOR WAGES

l9 . l Any claim for back wages or ove1iime not paid must be presented to the Company and Union in w1iting within thirty (30) calendar days of the day the employee is paid for the period in which back wages or overtime are claimed.

ARTICLE 20 - DISCIPLINE. DISCHARGE OR SUSPENSION

20. 1 The Company reserves the tight to discipline, suspend or discharge regular employees for just cause. The Company agrees to apply the concept of progressive discipline for minor infractions.

20.2 Notwithstanding 20. 1, employees committing a major infraction shall be subject to immediate discharge. The major infractions shall include but are not limited to the following:

A. Offensive or abusive conduct or language, or threats of assaults of a serious nature toward another employee, supervisor, management personnel, or customer;

B. Serious discriminatory behavior or harassment of a sexual, racial, ethnic or religious nature;

C. Unauthorized possession of weapons or explosives on Company premises;

D. Willful or negligent misuse, damage, or destruction of Company property, prope11y of another employee, or property of a customer, sabotage, ect.;

E. Unlawful conduct that is likely to damage the Company's reputation or goodwill in the community, or affecting the employee's ability to perform their duty;

F. Serious violation of the Company rules and regulations including rules on drugs and alcohol;

G. Provoking, instigating, fighting on or about Company premises;

H. Can-ying unauthorized passengers on Company equipment;

1. Insubordination, including refusal or failure to obey a reasonable order or direction of the Company, which the supervisor is representing;

J . Failure to immediately report any accident, personal injury, or property damage to you supervisor;

K. Falsifying any reports or records;

L. Removing property, records, or other mate1iaJs from the premises, without express authorization;

M . Disclosure of confidential Company infonnation to unauthorized persons;

N. Sleeping on the job;

0. Leaving the job or plant without pennission;

P. Other serious misconduct sufficient enough to justify discharge without prior written warning.

20.3 Except as provided in 20.2, the Company may discharge an employee for just cause after a minimum of two (2) verbal and two (2) ptior written warnings for violations of Company rules or upon the second violation of the same offense, providing the last warning was issued within twelve (12) months immediately prior to the discharge.

No such written warning shall remain in effect for a pe1iod of more than twelve ( 12) months but shall remain a part of the employee's personnel file to determine the appropriate degree of discipline. Copies of all written warnings, suspensions or discharges shall be sent to the Union within seven (7) calendar days of their issuance or the time limit on the grievance shall be extended accordingly.

20.4 The discharge of a regular employee shall be subject to Article 21, Grievance and Arbitration. All warning and discharge notices shall be in w1iting and shall be signed by the Project Manager, or designee. Copies of the warning or discharge notices shall be given to the employee reprimanded, and a copy to the Local Union Office in a self addressed, stamped envelope provided by the Union.

ARTICLE 21 - GRIEVANCE PROCEDURE AND ARBITRATION

21.1 A grievance shall be defined as a claim by the Company, Union, or employees during the term of this Agreement that the tenns of this Agreement have been violated or that there is a question concerning the proper application or interpretation of an express provision of this Agreement.

21.2 Grievances shall be limited to matters concerning the provisions in this Agreement. Neither the Company, Union or an employee shall use or attempt to use the grievance procedure as a means of changing, amending, modifying, supplementing or otherwise altering in any way whatsoever, this Agreement or any pa11 thereof.

21.3 In the processing, disposition and/or settlement of any grievance, the Union and its authorized and designated representative shall be the exclusive representative of the employee(s). The Union and its authorized and designated representative shall make the determination of the merit or validity of employee or Union grievances.

21.4 A grievance settled under any step hereof shall be binding on both parties and the employees.

21.5 Any grievance shall be resolved in the following ma1111er:

Step 1: When an employee has a grievance, his grievance shall be reduced to writing by the employee or the Union and signed by the employee affected. The written giievance shall contain the nature of the giievance, act or acts grieved, date of occurrence, identity of the party or parties aggrieved, the provision(s) of this Agreement allegedly violated, and remedy sought. The grievance must be filed with the Project Manager and a copy sent to the Company President, within twenty (20) calendar days after the occurrence of the event or five (5) calendar days if grievance involves a discharge or the grievance will be deemed waived and will not be subject tot the giievance procedure.

In cases of a continuing violation of this Agreement, any remedy or award shalJ be limited to a date up to ten ( 10) calendar days prior to the filing of the written grievance.

Step 2: If the grievance is not settled in Step l and the Union considers the grievance valid and desires to appeal, it shall be referred in writing to the President of the Company within seven (7) calendar days after the Company responds to Step 1. Grievance filed by the Company or the Union shall commence at this step. Any grievance by the Company or the Union must be filed promptly but in no event later than seven (7) calendar days after the date of occmTence of the event. A meeting between the Company or its representative and the Union representative shall be held at a time mutually agreeable to the parties, within seven (7) calendar days of receipt of the Union's appeal or the Company's written notice of grievance. If the grievance is settled as a result of such meeting, the settlement shall be reduced to writing and signed by the Company or Union shall give its written response to the other party within seven (7) calendar days following the meeting.

Step 3: In the event the Company and the Union Representatives are unable to resolve this dispute in ten (10) days, it shall be referred to an impartial arbitrator whose decision shall be final and binding upon both parties; provided, however, that nothing herein contained shall empower the arbitrator to add to, delete from, or otherwise modify this Agreement. Whenever it becomes necessary to select an impartial arbitrator as required by this section, the Company and Union Representatives shall endeavor to make such selection by mutual agreement. In the event of failure to agree, the Federal Mediation and Conciliation Service shall be required to submit a list of the names of seven (7) qualified and approved arbitrators. The arbitrator shall then be selected by each side alternately striking one name from the list until one name remains.

Step 4: All fees and expenses of the Arbitration shall be borne equally by the Union and the Employer.

ARTICLE 22 - TRAINING

22. l Recognizing that the efficiency of the Company is essential and paramount, the Company shall train new employees to enable them to better perfonn their required job duties.

ARTICLE 23 - LEAVE OF ABSENCE

23. l Personal Leave: Employees with one ( 1) or two (2) years of seniority may request in writing from the Project Manager an unpaid leave of absence for a minimum of one (1) day but not to exceed thirty (30) days in any one (I) Government contract year indicating the reasons for the requested leave and the duration of the leave, with no loss in seniority. Personal leave of absence will not be used to extend any other (paid or unpaid) leaves except in cases of bonafide emergencies.

23.2 Medical Leave: Regular employees unable to report for work for an extended period of time as detennined by the Company because of an illness, accident, or pregnancy shall be placed on an unpaid leave of absence without a loss in seniority for a period not to exceed thirty (30) days, provided the employee can document to the complete satisfaction of the Company that such a leave is medically necessary. Such medical leaves of absence must be supported by medical evidence and a doctor's statement indicating the nature of the injury and the period required for recovery within twenty four (24) hours after first commencing the medical leave. However, for employees incuning a major illness or injury or a workers compensation injury, the leave of absence shall be extended for an additional five (5) months.

Employees on a medical leave of absence must keep the Company apprised of their anticipated date of return to work and any changes in their medical status, address or telephone number. Employees who are on a medical leave of absence must notify the Company seventy-two (72) hours p1ior to retuning to work. At that time, the employee, if requested by the Company, must furnish substantiating evidence or a statement from a treating physician verifying that the absence from work was due to a bonafide illness or injury and that the employee is able to fully resume his regular duties. Upon receipt of the treating physician's report, the employee shall be placed on a preferential hiring list for any available openings in the employee's fotmer position or any other job which the employee has the present ability to perform. During medical leave of absence the Company has no requirement to keep the employee's job open or available for his return.

23.3 Military Leave: Employees entering the military or naval service, Red Cross, or other combat relief service or conscripted civil service of the United States will be entitled to a military leave of absence in accordance with applicable law.

Any employee who is a member of a military reserve unit and who is required to participate in active training will be granted an annual leave of absence without pay for the period of the required training.

23.4 General Leave: Employees with one or more years of seniority may request in writing from the Project Manager a general leave of absence for a minimum of thirty (30) days, but not to exceed sixty (60) days in any one (1) Government contract year (October 1 through September 30), indicating the reasons for the requested leave and the duration of the leave. Upon good cause as solely dete1mined by the Company, the Company may grant the employee a general leave of absence without a loss in senio1ity.

The granting or the denying of a general leave of absence shall be solely determined by the Company and is not subject to Article 21 , Grievance Procedure and Arbitration, and is not within the jurisdiction of the arbitrator. General leave of absence will not be used to extend vacations except in cases of bonafide emergencies. For the spouse of an employee who goes on temporary duty (TOY), the employee may be granted a leave of absence on the basis of this Section.

ARTICLE 24 - STOPPAGE OF WORK

24.1 During the tenn of this Agreement, it is agreed that there shall be no lockouts.

24.2 During the term of this Agreement, the Union, its officers, agents and the employees represented by the Union agree that they will not autho1ize, institute, and condone or engage in any curtailment or restriction of work, sit-down, sick-in, s lowdown, boycott, sympathy strike, or other fonns of strike or work stoppage, on the part of any employee, or group of employees covered by this Agreement. Any employee participating in any such activity shall be subject to discharge, irrespective of whether other employees are disciplined.

24.3 The Union agrees to notify all local officers and representatives and employees covered by this Agreement of their obligations and responsibility under this Article, including their responsibility to remain at work during any interruption which may be caused or initiated by others, and to encourage employees violating this Article to return to work.

ARTICLE 25 - GOVERNMENT REQUIREMENTS

25.1 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, irrespective of the terms of this Agreement, any action taken by the Company pursuant to a requirement of the United States Government shall take precedence over this and shall not constitute a violation 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, notify the Union in writing of the change.

25.2 In the event the Depaiiment of Labor dete1mines that the wages and fringe benefits contained in this Agreement were not reached as a result of arms-length negotiation or are substantially at variance with those prevailing for services of a similar character in the locality, then such wages and benefits shall be rendered null and void. In such event, the Company shall be obligated to pay the wages and fringe benefits specified in the appropriate wage detennination issued by the Department of Labor.

ARTICLE 26 - TERMINATION OF CONTRACT

26.1 It is understood and agreed that the Company's service contract with the Air Force or the United States Government may be terminated and upon such termination, the Company's obligations under this Collective Bargaining Agreement shall terminate.

ARTICLE 27 - SEVERABILITY

27.1 If the highest court having jurisdiction in the matter in its final decision interprets any applicable law of the United States or the states covered by this Agreement, in a manner so as to bring any provisions or Section of this Agreement into conflict with such law, such conflicting provision or Section of this Agreement, and such provision or Section alone, shall then be open for further negotiations between the Parties hereto for the purpose of reconciling the conflicting provision or Section with the said law as so interpreted.

ARTICLE 28 - ENTIRE AGREEMENT

28.1 The Company and the Union acknowledge that during negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not covered by law in the area of collective bargaining and that the understandings and agreements anived at by the parties after the exercise of that right and opportunity are set forth in this Agreement.

28.2 Therefore, the Company and the Union for the life of this Agreement each voluntarily and unqualifiedly waive the right, and each agree that the other shall not be obligated to bargain collectively with respect to any subject matter or matter referred to, or covered in this Agreement, or any matter not referenced or covered including safety or bonuses or other gifts, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement.

28.3 This Agreement constitutes the sole and entire existing agreement between the parties hereto and supersedes all prior agreements, oral or written, between the Company and the Union, and expresses all obligations of, and restrictions imposed on the Company during its term.

28.4 This Agreement can be altered or amended only by written agreement between the parties hereto.

ARTICLE 29 - SUCCESSORS CLAUSE

29.1 Agreement and any supplements or amendments thereto, hereinafter referred to collectively as "Agreement", shall be binding upon the parties hereto, their successors, administrators, executors and assignees. In the event the Company's business is, in whole or in part, sold, leased, transferred or taken over by sale, lease, assignment, transfer, receivership, or bankruptcy proceedings, such business and operation shall continue to be subject to the tenns and conditions of this Agreement for the life hereof.

29.2 It is understood by this provision that the parties hereto shall not use any leasing or other transfer device to a third party to evade this Agreement. The Company shall give notice of the existence of this Agreement and this provision to any purchaser, transferee, lessee, assignee, etc., of the business and operation covered by this Agreement or in any part thereof. Such notice shall be in writing, with a copy to the Union, at the time the seller, transferor, or lessor, executes a contract or transaction as herein described. The Union shall be advised of the exact nature of the transaction, not including financial details.

In the event the Company fails to require the purchaser, transferee, or lessee to assume the obligations of this Agreement, the Company (including partners thereof) shall be liable to the Union and the employees covered, for all damages sustained as a result of such failure to require assumption of the terms of this Agreement, but shall not be liable after the purchaser, transferee, or lessee has agreed to assume the obligations of the Agreement.

ARTICLE 30 - DURATION

30. 1 This Agreement shall continue in full force and effect from October 1, 2018 through September, 30, 2019. If either party wishes to modify or terminate this Agreement, it shall serve notice of such intention upon the other party ninety (90) days prior to expiration or subsequent anniversary date. If any such notice to modify or terminate is served, such notice shall be considered as tennination of this Agreement on the expiration date or subsequent anniversary date. If a renewal agreement is not reached after the tennination date of this Agreement, either party may exercise its right to strike or lockout at the expiration of such notice. Any notice to be given under this Article shall be given by certified mail, return receipt requested. In the event the pa11y tendering the notice does not engage in strike or lockout at the expiration of the seventy-two (72) hour period, before strike or lockout can be taken, the party intending to engage in such must once again comply with this section.

BR MANAGEMENT SERVICES INC. UNITED FOOD & COMMERCIAL

WORKERS UNION 368A

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APPENDIX A- WAGE RATES

Mess Attendants/Minor Maintenance and Cooks

Job Title

Mess Attendant Mess Attendant Leader

Cooks Cook I Cook II

Lead Person*

Health & Welfare

Uniform AHowance

Rate of Pay

$13.24 $14.25

$13.86 $15.76

$15.86

$ 5.95

$ .40

Shift Differential: A shift differential of $0.35 per hour will be paid for all work perfonned between 8:00pm and 6:00am.

*The Lead Person rate is payable for hours worked during an absence of the Project Manager for one day or more. No more than one individual shall receive pay under this classification in any one day period.

2014 Bargaining Note #1 - Sick leave hours paid for bona fide illness are included in the average number of compensated hours during each employee's payroll year. Sick leave hours paid out at the end of each quarter are not included as compensated hours.

2014 Bargaining Note #2 - As the provisions of the Affordable Care Act are mandated, the parties agree to re-open the Health & Welfare Article of this agreement pursuant to Article 27.1. It is the intent that current Health & Welfare pay would be retained by the Employer and be used to purchase benefit coverage for eligible employees. Employees not eligible for Employer sponsored benefit coverage would continue to receive Health & Welfare pay under Article 15 .1 to purchase their own benefit coverage.

LETTER OF UNDERSTANDING - DRUG AND ALCOHOL POLICY

This letter of Understanding is made between UNITED FOOD AND COMMERCIAL WORKERS UNION, LOCAL 368A (hereinafter refen-ed to as the "Union") and ASIEL ENTERPRISES, INC. (hereinafter refen-ed to as the ''Company") to clarify the intent and understanding of the Parties reached in negotiations for a Collective Bargaining Agreement.

1. The Company has always had a strong c01mnitment to provide a safe workplace for its employees and to establish programs promoting high standards of employee health. Consistent with that commitment, the Company and Union have agreed to this drug and alcohol policy to establish and maintain a safe and productive work environment for all employees.

2. Pre-employment Drug Screening: The Company reserves the right to test job applicants for any alcohol, controlled substances as…