Attachment_3_CBA_GMS2014-2017.pdf

COLLECTIVE BARGAINING AGREEMENT

By and Between

FAIRBANKS JOINT CRAFTS COUNCIL

and

GLOBAL MANAGEMENT SERVICES, LLC

USARAK DPW SUPPORT SERVICES CONTRACT

October 1, 2014– September 30, 2017

FA5000-15-R-0001

Attachment 3, CBA

Amendment 0004

TABLE OF CONTENTS

ARTICLE 1 Agreement ARTICLE 2 Union Recognition and Scope of Agreement ARTICLE 3 Union Security ARTICLE 4 Checkoff ARTICLE 5 Management Rights ARTICLE 6 No Discrimination ARTICLE 7 Union Representation ARTICLE 8 Disciplinary Action ARTICLE 9 Grievance Procedure and Arbitration ARTICLE 10 Seniority ARTICLE 11 Recall ARTICLE 12 Temporary Transfers ARTICLE 13 Promotions ARTICLE 14 Leave of Absence ARTICLE 15 Wages/Fringe Benefits ARTICLE 16 Shift Differential ARTICLE 17 Shift Scheduling, Basic Workweek, and Hours of Work ARTICLE 18 Reporting, Call In, and On-Call Pay ARTICLE 19 Overtime ARTICLE 20 Holidays ARTICLE 21 Vacations ARTICLE 22 Sick Leave ARTICLE 23 Bereavement Leave ARTICLE 24 Jury Duty ARTICLE 25 Hiring of Employees ARTICLE 26 Miscellaneous ARTICLE 27 Bargaining Unit Work ARTICLE 28 No Strikes - No Lockouts ARTICLE 29 General Savings Clause ARTICLE 30 Term of Agreement

ARTICLE 1

AGREEMENT

This Agreement, made and entered into this 1st day of October, 2014 by and between.

Global Management Services, LLC and its successors and assigns (hereafter referred to as the Employer), and the FAIRBANKS JOINT CRAFTS COUNCIL, and its affiliates.

LABORERS INTERNATIONAL UNON OF NORTH AMERICA LOCAL #942 and LABORERS INTERNATIONAL UNION OF NORTH AMERICA LOCAL #341 and INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL #302 and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL # 1547 and INTERNATIONAL BROTHERHOOD OF TEAMSTERS LOCAL #959 and PLUMBERS AND STEAMFITTERS LOCAL #375 and PLUMBERS AND STEAMFITTERS LOCAL #367 and PAINTERS AND ALLIED TRADES LOCAL # 1959 and SHEETMETAL WORKERS INTERNATIONAL ASSOCIATION LOCAL 23 and PACIFIC NORTHWEST REGIONAL COUNCIL OF CARPENTERS and ALASKA IRONWORKERS LOCAL 751 and HOTEL EMPLOYEES AND RESTAURANT EMPLOYEES UNION LOCAL 878 and ROOFERS LOCAL 190 and PLASTERERS AND CEMENT MASONS LOCAL 912 and ALASKA MILLWRIGHTS & MACHINE ERECTORS LOCAL 1501 (hereinafter referred to collectively as the Union), is for the purpose of setting forth basic provisions covering wages, hours of work, and terms and conditions of employment to be observed between the parties hereto. Further, it is to provide procedures for prompt and equitable adjustments of grievances or disputes arising out of the interpretation or application of this Agreement.

The parties signatory hereto agree that during the term of this a Agreement there shall be no strikes, including sympathy strikes, picketing, work stoppages, slowdowns, or other disruptive activity for any reason by the Union or by any employee, and there shall be no lockout by the Employer.

ARTICLE 2

UNION RECOGNITION AND SCOPE OF AGREEMENT

The Employer recognizes the Union as the sole exclusive collective bargaining representative of the classifications of employees covered by this Agreement with respect to wages, hours, and other terms and conditions of employment. Said classifications of employees are specifically identified within this Agreement.

This Agreement applies to bargaining unit work performed by the Employer at USARAK, under the terms of DPW Support Services Contract.

The Employer agrees that during the term of this Agreement, it will not subcontract work of the kind and character performed by the bargaining unit for the sole purpose of laying off bargaining unit employees. It is the intention of the Employer to continue subcontracting work where the Employer determines that such work cannot be effectively and economically performed by its own employees due to lack of time, skills, tool, equipment, facilities, or availability of manpower. This Article has no effect nor is intended to affect those situations when the Government or Customer, as opposed to the Employer, expressly directs the Employer to subcontract out work which is normally performed by bargaining unit employees. When subcontracting ‘bargaining unit’ work, the Employer will inform the Chief Steward of the nature and reasons for such subcontracting.

The parties, the Employer (“Employer”) and the Fairbanks Joint Crafts Council (“FJCC”), AFL-CIO, and its Local Unions (“Union”), mutually agree to adopt a position of neutrality in the event the Union seeks to represent employees of the Employer not presently represented by the Union in collective bargaining.

Neutrality is hereby defined to mean that neither party will attack or communicate anything of a negative or derogatory nature about the other party (including the other party’s motive, integrity, character, or performance) or labor unions or employers generally. In addition, neither party will engage in threats, misrepresentations, or delaying tactics to frustrate the desires of the employees. Neither party will provide any support or assistance of any kind to any person or group that is opposed to the principles of this Agreement. Finally, neutrality also means that neither party will commit an unfair labor practice.

ARTICLE 3

UNION SECURITY

3.01 All present employees, who are members of the Union on the effective date of this Agreement, shall remain members as a condition of employment. All present employees, who are not members of the Union, shall, as a condition of employment, become members of the Union no later than the thirty-first (31st) day of their employment.

Membership means the payment of an amount of money equal to the affiliated Local Union’s regular and uniformly imposed initiation fees and dues. Failure to comply with this requirement shall result in discharge of the employee upon written notification to the Employer by the Union, that an employee has failed to tender the appropriate dues and fees uniformly imposed upon all employees in the bargaining unit. Further, the Union agrees to advise each employee of his or her “beck” rights.

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

FA5000-15-R-0001

Attachment 3, CBA

ARTICLE 4

CHECKOFF

4.01 The Employer agrees to honor checkoff cards, signed by individual employees, which authorize the Employer to deduct from the employee’s paycheck the dues and any other lawful fees and assessments as certified by the affiliated Local Union, and voluntary contributions designated by the employee, and remit same within the time and manner and form as designated by the Union. The transmittals shall occur monthly and shall be accompanied by a list of names of those employees for whom such deductions have been made, and the amount deducted for each such employee. The Local Union agrees that in the event of any change in the Local Union’s dues structure, it will notify the Employer twenty (20) days prior to the first (1st) pay period of the following month.

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

ARTICLE 5

MANAGEMENT RIGHTS

Except as specifically limited by this Agreement, all management rights, powers, and authority possessed by the Employer prior to the execution of this Agreement are retained by the Employer, and remain exclusively and without limitation within the rights of the Employer.

The Employer shall have full and exclusive rights, subject to the terms of this Agreement, of managing the business, including, but not limited to:

• Directing the workforce

• Planning, directing, and controlling all business operations and assignment of duties

• Determining the qualifications of employees to perform work, including the right to administer testing as needed to confirm employees’ qualifications

• Scheduling of all hours of work and other aspects of production

• Determining quality and performance standards

• Hiring, promoting, demoting, and transferring of employees

• Disciplining, suspending, or discharging for just cause

• Classifying, reclassifying, laying off, or relieving employees from duty

• Changing or eliminating existing jobs or creating new jobs in accordance with

Service Contract Act provisions

• Establishing rules of conduct

• Maintaining efficiency of employees

Any of the rights, powers, functions, or authority not specifically abridged by this Agreement are retained by the Employer.

ARTICLE 6

NO DISCRIMINATION

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

Harassment. Federal law specifically requires Employers to ensure that employees are not subject to sexual harassment or harassment related to race, sex, color, religion, national origin, age, disability, (or any other discriminatory factor prohibited by federal law ordinances or regulations) by an Employer’s supervisors or agents, by its non-supervisory employees (coworkers), and in some cases by non-employees. State and local law ordinances or regulations may also prohibit sexual harassment or harassment related to additional discriminatory factors.

Definitions.

a. Harassment: An action that unreasonably interferes with an individual(s) work performance or creates an intimidating, hostile, or offensive work environment.

b. Sexual Harassment: A form of discrimination that includes, but is not limited to, blatant sexual advances or request for sexual favors that directly or indirectly implies that submission or rejection could affect an employee’s employment. Sexual harassment may also involve unwanted verbal, visual, or physical conduct of a sexual nature, which creates an “offensive” working environment.

c. Verbal Harassment: The flagrant use of foul or offensive language, jokes, derogatory slurs, or comments of a sexual nature or concerning an individual’s race, age, sex, color, religion, national origin, disability, (or any other discriminatory factor prohibited by federal, state, or local law ordinances or regulations).

d. Physical Harassment: The use of physical force of a sexual nature or against an individual because of the individual’s race, age, sex, color, religion, national origin, disability, (or any other discriminatory factor prohibited by federal, state or local law ordinances or regulations).

e. Visual Harassment: The use of gestures, posting or distributing derogatory materials of any kind, including, but not limited to, posters, cartoons, or drawings of sexual nature or concerning an individual’s race, age, sex, color, religion, national origin, disability, (or any other discriminatory factor prohibited by federal, state, or local law ordinances or regulations).

ARTICLE 7

UNION REPRESENTATION

7.01 The appointment of a Chief Steward at Joint Base Elmendorf Richardson (JBER), Ft. Wainwright, and Donnelly Training Area (DTA) shall be at the sole discretion of the Fairbanks Joint Crafts Council. In the absence of the Chief Steward, the Fairbanks Joint Crafts Council may appoint an alternate steward.

7.02 The Fairbanks Joint Crafts Council shall inform the Employer in writing of the individual designated to serve as Chief Steward.

7.03 The Employer agrees to recognize the officers and duly designated representatives of the Fairbanks Joint Crafts Council and shall be kept advised, in writing, by the Fairbanks Joint Crafts Council of the names of representatives.

7.04 Authorized representative of the Fairbanks Joint Crafts Council shall have access to Employer’s establishment during working hours for the purpose of adjusting disputes, investigating working conditions, collection of dues, and ascertaining that the Agreement is being adhered to; provided however, that advance notice will be given so that such visits do not unduly interfere with the Employer’s operation. All visits are subject to Government regulations.

7.05 It is agreed upon and understood that the Chief Steward shall be a productive, contributing, and working employee of the Employer, subject to all the normal and usual rules and regulations of any other employee. However, the Chief Steward shall be granted time off during duty hours to carry out their authorized representational responsibilities to the employees in the unit. Employees who are otherwise in a duty status will remain in that status when discussing a grievance with Council representative and/or meeting with representatives of the Employer.

7.06 The Chief Steward’s activities will normally be within his assigned work area or activity. When it becomes necessary for a Chief Steward to leave his work site on appropriate matters related to his representational duties, he will request permission, advise where he is going, how long he expects to be gone, and the general nature of his business. Upon entering a work area other than his own, the Chief Steward will first advise the appropriate supervisor of his presence and the name of the employee to be contacted. Permission will be granted, unless compelling work commitments dictate otherwise. If permission is denied, the Chief Steward will be informed of the reasons for the denial and when he can expect to perform his or her duties, normally within two (2) hours.

ARTICLE 8

DISCIPLINARY ACTION

Disciplinary Guidelines. The following disciplinary guidelines apply to employees of the Employer at USARAK DPW Support Services Contracts. This document is for the purpose of providing information about the types of conduct, including, but not limited to, those that constitute just cause for disciplinary actions and possible disciplinary actions that may be taken by Management. These guidelines do not require the Employer to impose any particular discipline or progressive discipline, and do not limit Management’s rights, subject to the terms of the Union Agreement, to discipline, suspend, or discharge any employees for just cause within Management’s discretion.

The description of offenses listed below is not intended to be all-inclusive, and there may be certain other offenses that, because of their severity, represent cause for immediate termination.

Employees shall be disciplined within ten (10) days of the Employer knowing there has been an infraction (Not inclusive of investigation period not to exceed thirty [30] days).

The Employer shall not place any disciplinary or performance documents into the employees’ personnel files without the knowledge of the employees. All disciplinary documents shall be purged from the employees’ files after twelve (12) months from the date of the infraction (exclusive of suspension). The employees or employees’ Union shall have access to their personnel files within twenty four (24) hours written notice to the Employer.

a. Disciplinary Action Steps for like offenses.

1. Verbal statement initiating warning;

2. Written counseling;

3. Suspension without pay;

4. Termination.

Disciplinary Guidelines Possible Levels of Action Description of Offense by Employer

1.

Possessing, taking, removing, using, destroying or tampering with Employer or US Government property without proper authority.

2. Misuse of computer/internet, according to Employer and US Government policy.

3-4

3.

Possession and/or under the influence of alcoholic beverages, intoxicants, stimulates, illicit drugs, or narcotics on the worksite, or in Employer or US Government vehicles.

4. Gambling at the worksite. 2 3 4 -

5. Possession of unauthorized weapons and explosives.

6. Smoking in non-designated areas, including US Government and Employer vehicles.

7. Disorderly conduct or horseplay. 2 3 4 -

8. Fighting or inflicting bodily harm to another.

9. Inciting another person to inflict bodily harm to another.

2-3

10. Threatening to inflict bodily harm. 3 4 - -

11. Obscene acts on the worksite. 2 3 4 -

12. Failure to give accurate and complete information for Personnel and/or security records.

13. Failure to notify Supervisor when leaving work for other than an emergency situation.

14. Failure to observe Employer safety practices and regulations. 1 2 3 4

15. Neglect in the safety of others or committing unsafe acts. 2 3 4 -

16. Neglect in the care of Employer or US Government vehicles. 2 3 4 -

17. Failure to report accidents or injuries, no matter how slight. 2 3 4 -

18. Disrespect for those in positions of authority. 1 2 3 4

19. Failure to carry out instructions given by a supervisor. 2 3 4 -

20. Insubordination or use of violent language. 3-4 - - -

21. Failure or inability to perform work to acceptable standard. 1 2 3 4

22. Sleeping on the job. 3 4 - -

23. Deliberate disregard or disrespect toward a customer, or failure to provide adequate service.

24. Deliberate falsification/misuse of time card or time sheets. 4 - - -

25.

Unexcused absence from work or excessive absenteeism, as defined by Employer policy as conveyed to the workforce.

26. Failure to be on time for the start of work shifts. 1 2 3 4

27. Sexual or other illegal harassment. 4 - - -

28. Taking an unauthorized extended break, regardless of location. 1 2 3 4

29. Accepting gratuities. 1 2 3 4

30. Unauthorized release of Employer or US Government proprietary information.

2-3

31.

Deliberate loss or gross negligence that results in loss of classified and non-classified information, documents or materials.

3-4

32. Misuse of security badges or other official identification. 4 - - -

33. Personally entering or assisting others to access restricted areas without proper authority.

b. Inasmuch as the Employer performs work for the U.S. Government and in accordance with the contract, the Employer is responsible for the conduct of its employees. The US Government may direct the Employer to remove certain individuals for violating US Government regulations or laws. It is understood that the Employer may terminate any employee if directed to do so by the US Government under the provisions of its contract or if the US Government denies the employee access to any of the work sites. The Employer and the Union agree to intercede collectively on the employee’s behalf if there are extenuating circumstances that, in the opinion of the parties, tend to make the decision made by the US Government unfair to the employee.

c. Pursuant to the Worker Adjustment and Retraining Notification Act

(Title 29 U.S. Code, Section 2103), the parties understand that all employees have been hired by the Employer to fulfill the Employer’s service contract with the U.S.

Government, and employment is, therefore, limited to the duration of the contract. It is further understood that the employees’ employment will terminate upon completion of the service contract if the Employer’s contract is not renewed.

ARTICLE 9

GRIEVANCE PROCEDURE AND ARBITRATION

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

Step One: The employee shall promptly report to the Chief Steward any complaints, disputes, or grievances, which they believe requires adjustment. The Chief Steward shall promptly investigate to ascertain whether the complaint has merit and report the results thereof to the president of the Fairbanks Joint Crafts Council or his designee. The Union shall be the sole judge as to the validity of any grievance and, in the event the Fairbanks Joint Crafts Council President or his designee believes the grievance has merit, shall promptly attempt to resolve the dispute with the Project Manager or his designee. If the dispute is not resolved, the matter shall be referred in writing by the Union to Step Two within ten (10) days. If the matter is not referred within ten (10) days, the matter shall be closed.

Step Two: The Fairbanks Joint Crafts Council President or his designee shall refer the matter in writing to the Labor Relations Manager or his designee. The parties will then meet in an effort to settle the grievance. If no satisfactory settlement is arrived at within five (5) days, the Union may, within five (5) additional days, refer the matter to Step Three, Arbitration. The Fairbanks Joint Crafts Council President or his designee shall have full authority to determine whether or not the Union wishes to process the grievance into Step Three, Arbitration.

Step Three: Arbitration. Failure to reach a settlement at Step Two shall constitute a basis for submittal of the grievance to arbitration. The Union shall request the Federal Mediation and Conciliation Service to supply both the Employer and the Union with a list consisting of five (5) individuals who would serve as arbitrator. The parties may then invoke the usual procedures to strike.

The decision of the arbitrator shall be final and binding upon both parties. The cost of the arbitrator shall be shared equally by both parties. Each party shall bear the costs of presenting their case.

9.02 The parties may select a mutually acceptable neutral to act as a temporary or permanent arbitrator for disputes arising under the terms of this Agreement.

9.03 The arbitrator shall consider only the issues raised in Step Two grievance form.

The arbitrator shall have the authority to interpret and apply the provisions of this Agreement. The arbitrator shall not have the authority to change, alter, amend, modify, add to or delete from this Agreement; such right is the sole prerogative of the contracting parties.

9.04 The fees and expenses of the arbitrator shall be borne equally by the Employer and the Union. Each party shall be responsible for bearing its own costs, expenses, and attorney fees or representative’s fees. Arbitration hearings shall be held during regular day shift hours of the basic workweek of Monday through Friday.

9.05 In those cases where either party deems it necessary, it may arrange that a transcript of the hearing be made by a qualified court reporter. The party making such agreement shall bear the full cost thereof.

ARTICLE 10

SENIORITY

10.01 The Employer recognizes seniority for all employees who are employed with the Employer on the effective date of this Agreement, according to the Employer’s hiring records. Seniority shall be considered, but shall not be the sole determining factor, when the Employer makes changes in shift assignments, promotions, and demotions.

Provided that qualifications are equal, seniority will be the determining factor in layoffs and recalls after layoffs within the unit.

10.02 A break in seniority shall occur in the following events:

a. If an employee quits;

b. If an employee is discharged for cause;

c. If an employee fails to report to work as scheduled, or over-stays an authorized leave of absence, without notifying the Employer for three (3) consecutive workdays;

d If an employee is laid off for more than twelve (12) months.

10.03 The Employer shall supply the Union with an up-to-date seniority list on the effective date of this Agreement, at the start of each contract year under the Employer’s contract, and at the termination of the Employer’s contract.

10.04 Every new employee hired by the Employer after the effective date of this Agreement shall be on probation for a period of ninety (90) calendar days. Upon completion of the probationary period, the employee shall have seniority. During the probationary period, an employee may be dismissed for any reason; however, payment of benefits start immediately. Any employee so dismissed shall not have a right to invoke the grievance and arbitration provisions of this Agreement.

10.05 The Employer utilizes three (3) categories of employees, i.e., temporary, part-time, full-time.

ARTICLE 11

RECALL

In the event that it is necessary to recall a laid off employee, within the twelve (12) month recall eligibility period, the Employer shall contact the appropriate Local Union office and request the employee. The employee will decline or accept the request within seventy-two (72) hours. Failure on the part of the employee to make contact within seventy-two (72) hours shall result in the loss of all seniority and recall rights under this Agreement. The employee must maintain a current address and phone number with the Union.

ARTICLE 12

TEMPORARY TRANSFERS

An employee, who is temporarily transferred to a job classification carrying a rate of pay higher than his regular classification, shall receive the rate of pay applicable to the temporary job for all time worked in that temporary job. If an employee is temporarily transferred to a classification carrying a lower rate of pay, the employee shall continue to receive his regular rate of pay. Temporary transfers shall not exceed ten (10) cumulative working days in a month. This provision shall not be used as subterfuge to the intent of this Article.

ARTICLE 13

PROMOTIONS

13.01 When the Employer determines that a vacancy exists for a specific, covered classification within a particular shop or area, a notice of the vacancy shall be posted for a period of three (3) workdays in the normal posting locations. Any employee in the bargaining unit may sign the notice indicating his/her desire to be considered for the position.

13.02 In effecting a promotion, the Employer will first give consideration to qualified and suitably trained and/or certified employees in the unit, and selection will be made from that group. In the event that two (2) or more unit employees apply for the position, seniority will be the determining factor; provided, that qualifications are equal. The Employer will notify the Union as soon as possible of any such promotions. If no employees are found to be qualified by the Employer qualified applicants will be requested from the Union.

ARTICLE 14

LEAVE OF ABSENCE

14.01 Personal Leave of Absence. A personal leave of absence without pay for reasonable cause as determined by the Employer, or for Union activities, will be granted for a period up to ninety (90) days, with written approval of the Project Manager at least fifteen (15) days in advance of such leave of absence, provided the employee’s supervisor concurs that the employee can be spared from his/her regularly assigned job duties. Employees who are away for a period longer than the term of the leave of absence, or who accept employment elsewhere without permission of the Employer during such leaves of absence, shall be considered to have voluntarily terminated their employment with the Employer. Leave of absence shall not cause a change in seniority date. However, there shall be no accrual of benefits, no holiday pay for any holiday that falls during the period of leave, and no payment of wages/fringe benefits.

14.02 Military Leave of Absence.

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

b. Employees who are members of the National Guard or Military Reserve

Units shall be granted necessary time off in order to fulfill their military obligations.

These employees must notify their supervisor immediately upon receiving notifications of training period or other obligations requiring a military leave of absence. Employees will not receive their regular pay during such leaves of absence; however, their seniority will not be affected during such periods. Employees may elect to use earned vacation benefits (if eligible) during periods of military service.

c. Employees shall not have any loss of fringe benefits while engaged in annual two (2) week training for the military reserves or National Guard.

14.03 Family Medical Leave Act. The Employer will comply with the requirements of the Family Medical Leave Act (FMLA). An employee who has worked at least 1,250 hours during the last twelve (12) months and has completed one (1) year or more of continuous service may receive a leave of absence without pay for up to twelve (12) workweeks during any twelve (12) month period, when the leave is taken for one or more of the following circumstances:

a. The birth of a son or daughter of the employee, and to care for the child;

b. The placement of a son or daughter with the employee for adoption or foster care;

c. The care for the spouse, son, daughter, or parent of the employee, if the family member has a serious medical condition; and

d. An employee is unable to perform the essential functions of the position because of the employee’s own serious health condition. If the leave is foreseeable, the employee must provide at least thirty (30) days notice to the Employer; otherwise, the employee must provide the Employer with notice as soon as practical. The Employer may require certification from a healthcare provider in accordance with the FMLA.

ARTICLE 15

WAGES/ FRINGE BENEFITS

15.01 The classifications and regular straight time hourly rates of pay and fringe benefits for all employees under this Agreement are as contained in Schedule “A” of this Agreement.

15.02 Lead persons shall be working members of a group responsible for leading, directing, instructing, on-the-job training, checking and approving the work of his or her group. Employees working in a lead position will receive no less than ten percent (10%) above their straight time hourly rate or the highest classification of which they are the lead, whichever is greater.

15.03 The Employer shall reimburse any employee who is required to have a federal, state or local government certification or license as a job requirement within their job classification, the cost of the certification or license.

15.04 Pension Plan. With respect to employees covered by the Agreement, the Employer will contribute to the applicable Trust Fund according to Schedule “A”, which is attached to this Agreement, for the purpose of providing retirements benefits for employees. It is understood and agreed that the contributions are to be computed solely on the total number of compensable hours and are not to be included in hourly wage rates or the computation of overtime.

The Union warrants and represents that the Employer’s liability, with respect to providing retirement benefits, shall be no greater than as provided above, that the respective Trust Funds are jointly established Trust Funds administered, operated, and maintained in accordance with the law, and further that the Trust Funds have been and continue to be qualified by the Internal Revenue Service.

15.05 Health and Welfare Plan. With respect to employees covered by this Agreement, the Employer agrees to participate as an individual employer in the respective Welfare Plans established by Trust Agreements entered into and as requested by the Unions signatory to this Agreement. It is understood and agreed that under the provisions thereof, the Employer shall contribute to the respective Trust Funds according to Schedule “A”, which is attached to this Agreement.

Such contributions shall be for the purpose as specified in each such Trust Document.

It is understood that the contributions are to be computed solely on the total number of compensable hours and are not to be included in hourly wage rates or in the computation of overtime.

15.06 Training Plan. With respect to employees covered by this Agreement, the Employer agrees to participate as an individual Employer in the respective Training Plans established by Trust Agreements entered into and as requested by the Unions signatory to this Agreement. It is understood and agreed that under the provisions thereof, the Employer shall contribute to the respective Trust Funds according to Schedule “A”, which is attached to this Agreement.

Such contributions shall be for the purpose as specified in each such Trust Document.

It is understood that the contributions are to be computed solely on the total number of compensable hours and are not to be included in hourly wage rates or in the computation of overtime.

15.07 Trust Fund Increases or Reallocation. Any Local Union of the Fairbanks Joint Crafts Council requiring an increase in qualified Trust Fund contributions during the life of this Agreement, will certify the amount required through the Employer, by letter, and such amount shall be deducted from the hourly wage rate of the job classification of such Union.

Any Local Union of the Fairbanks Joint Crafts Council requiring a reallocation of Trust fund contributions will certify such reallocation through the Employer by letter and such change shall be made provided there is no increased cost to the Employer.

Such changes in the schedules may be requested during the months of January, May, and October of each Contract year. Notification should be received by the Employer thirty (30) days in advance of the change. It is understood that the changes will be effected on the first pay period in the effective month.

ARTICLE 16

SHIFT DIFFERENTIAL

16.01 All shifts starting outside of the regular day shift starting times of 6:00 a.m. and 12:00 p.m. shall receive a ten percent (10%) premium.

ARTICLE 17

SHIFT SCHEDULING, BASIC WORKWEEK, & HOURS OF WORK

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

17.01 Workweek. The regular workweek for all employees shall begin 12:01 a.m.

Monday morning and end at 12:00 a.m. midnight on Sunday night. The Employer will make every effort in scheduling to ensure that no employee works more than seven (7) consecutive days. Due to the inconsistent tasks and scheduling required by the contracting agency, the Union recognizes that it is impossible to place all of the Employer’s employees on a forty (40) hour workweek. However, the Employer agrees to place as many employees as possible on a forty (40) hour per week schedule, consistent with workload and contract requirements. The Union and the Employer may mutually agree to establish an alternate flexible workweek schedule.

17.02 Days Off. Each full-time employee shall have two (2) consecutive scheduled days off in each regular workweek. The Employer must notify the affected employee at least two (2) calendar days in advance of any change in regular scheduled days off, except in those instances where workload surges or emergency conditions do not allow for two (2) days’ advance notice. Where employees are required to maintain continuous operation of departments or assignments, days off may be fixed or rotated consistent with the requirements of the service. The Employer will make every reasonable effort to arrange work schedules so that a maximum number of employees will be off duty on Saturdays and Sundays, consistent with operational requirements.

17.03 Shifts. Shifts for all regular employees shall be established as follows:

a. Shifts will be established by the Employer to best accomplish the task and frequency requirements.

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

c. Emergency Discontinuance of Operation. In the event of any emergency (e.g., severe weather conditions) requiring the discontinuance of the Employer’s operations, employees who are not considered to be "Emergency Essential Personnel" as defined by management will be released from work and/or will be excused from their obligation to report for work until otherwise notified by the Employer to report back to work. The Employer agrees to make every reasonable effort to find alternate work for the employees prior to being released or called off from work due to emergencies.

d. There shall be a fifteen (15) minute rest period during the first half of each employee’s shift and a fifteen (15) minute rest period during the second half of each employee’s shift. Such rest periods shall be taken without loss of pay. Employees will not stop work and then travel to their respective shop areas or break rooms for these breaks. Instead, employees will cease working and will take the breaks at the location at which they find themselves when the break period begins, unless special circumstances or conditions warrant traveling a short distance before taking the break.

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

f. The Employer shall allot fifteen (15) minutes of time for cleanup and storage of work tools and equipment at the end of the shift.

ARTICLE 18

REPORTING, CALL IN, AND ON CALL PAY

18.01 Any employee reporting for work at the regular starting time when they have not been notified not to report, and for whom no work is provided, shall receive two (2) hours pay at their regular hourly rate.

18.02 Any employee reporting for work at the regular starting time, and who is placed at work, shall be paid for no less than two (2) hours at their regular rate, even though two (2) hours have not been worked. If more than two (2) hours are worked in any one shift, an employee shall receive pay for actual hours worked.

18.03 Any employee called in outside their regular working hours, or on their scheduled day(s) off, shall be guaranteed a minimum of two (2) hours’ pay at the overtime rate even though two (2) hours have not been worked. If more than two (2) hours are worked in any one call out, an employee shall receive one and one-half (1-1/2) pay for actual hours worked.

18.04 Any employee who carries a cell phone provided by the Employer for the purpose of being on call shall be paid three dollars ($3.00) per hour, not to exceed twelve (12) hours, in any twenty-four (24) hour period. Refusal of an employee to perform on call duties may result in disciplinary action. On call duties will be equally distributed between employees.

ARTICLE 19

OVERTIME

Overtime shall be paid at the rate of one and one-half (1-1/2) times the straight hourly rate. Overtime shall be defined as all hours compensated in excess of eight (8) hours per day and/or forty (40) hours per week.

The Employer will distribute overtime work as is necessary, and as fairly as possible between employees affected by such overtime work, with the understanding that the employee must be technically qualified to perform the required work. Any employee directed to remain on duty in excess of their regular scheduled eight (8) hours will be given an additional paid fifteen (15) minute break before starting the ninth (9) hour and every additional two (2) hours after. No employee will be required to work more than sixteen (16) hours a day.

ARTICLE 20

HOLIDAYS

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

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

(1) New Year’s Day (7) Labor Day

(2) Martin Luther King’s Birthday (8) Columbus Day

(3) Presidents’ Day (9) Veterans Day

(4) Personal Floating Holiday (10) Thanksgiving Day

(5) Memorial Day (11) Christmas Day

(6) Independence Day

20.03 Employees who are not required to work a holiday shall receive eight (8) hours’ holiday pay at the appropriate straight time rate. Employees who are required to work a holiday shall be paid at the rate of one and one-half (1-1/2) times their regular rate of pay for all hours worked. In addition, they shall receive eight (8) hours’ holiday pay.

20.04 If one of the aforementioned holidays falls within an employee’s scheduled vacation, such employee shall receive one (1) additional day of paid vacation.

20.05 The floating holidays will be taken on a day mutually agreed to by the employee and his or her immediate supervisor. Request will not be denied except in the case of emergency.

ARTICLE 21

VACATIONS

21.01 All employees, who have completed their probationary period, will be entitled to vacation pay as follows:

a. Eighty (80) hours' pay after one (1) year at the employee’s straight time hourly rate, plus any shift differentials and lead pay.

b. One hundred twenty-eight (128) hours’ pay after five (5) years at the employee’s straight time hourly rate, plus any differentials and premium pay.

c. One hundred forty (140) hours’ pay after ten (10) years at the employee’s straight time hourly rate, plus any differentials and premium pay.

d. One hundred seventy-six (176) hours’ pay after fifteen (15) years at the employee’s straight time hourly rate, plus any differentials and premium pay.

21.02 The Employer will permit employees to schedule their vacation in advance, subject to the Employer’s approval. This vacation schedule shall be approved no later than March 15 of each year. In the selection of vacation times, the employee’s seniority shall be the determining factor. Once the vacation schedule is completed and approved, it cannot be arbitrarily changed by the Employer or employee. Employees shall not be required to schedule their vacation in advance, as stated above, but when seeking unscheduled vacation at a later date, previously approved vacations shall be recognized first.

21.03 Vacation pay shall be allowed to be used in thirty (30) minute increments.

21.04 Employees shall be allowed to carry vacation hours over into the following year.

20.05 In the event of a lay-off all vacation pay will be paid based on a prorated basis to all employees who have completed one (1) year of employment.

ARTICLE 22

SICK LEAVE

22.01 All full-time employees, who have completed their probationary period, will receive six (6) days annually. All temporary and part-time employees, who have completed their probationary period, will receive four (4) days annually.

a. Sick leave pay shall be allowed to be used in thirty (30) minute increments.

22.02 At the end of each year, unused annual sick days will be paid during the month of January.

FA5000-15-R-0001

Attachment 3, CBA

ARTICLE 23

BEREAVEMENT LEAVE

23.01 In the case of death in the immediate family of an employee, the Employer will pay the employee straight time pay not to exceed five (5) workdays in state and/or seven (7) workdays out of state, total pay per year. Verification of death may be requested by the Employer. The employee will be paid the hours they are regularly scheduled to work. For purpose of this Article, immediate family is defined as his or her mother, father, stepparent, spouse, domestic partner, son, daughter, stepson, stepdaughter, grandchild, grandparent, brother, sister, mother-in-law, father-in-law, spouse grandparents, or a member of his or her immediate family through adoption or guardianship. Additional time off with or without pay is subject to approval by the Project Manager. The additional time off may be charged against an employee’s vacation leave or leave without pay, at the employee’s option.

23.02 All employees who have completed their probationary period will be entitled to bereavement leave.

ARTICLE 24

JURY DUTY

Employees have a civic duty to perform jury duty. An employee shall receive the difference between eight (8) hours pay at their straight time rate and the amount offered by the court.

ARTICLE 25

HIRING OF EMPLOYEES

25.01 The Employer agrees that it will afford each appropriate Union the opportunity to refer applicants for employment for all bargaining unit classifications (exclusive of Lead Persons) as the need arises. Once the appropriate Union has been contacted by the Employer concerning a request for any applicant(s), the Union shall have seventy-two (72) hours to refer such applicant(s) to the Employer.

In the event that the appropriate Union is unable to refer an applicant(s) for employment as requested by the Employer within seventy-two (72) hours, the Employer may obtain applicants from any source. Notwithstanding any other provisions contained herein, the Employer retains the exclusive right to reject any applicant for Employment.

25.02 Selection of applicants for referral by the Union shall be on a non-discriminatory basis and shall not be based on, or in any way affected by, Union membership, bylaws, rules, regulations, constitutional provisions, or any other aspect of Union membership, policies or requirements. There shall be no discrimination against any applicant for employment because of membership or non-membership in the Union or based upon race, creed, sex, age or national origin of such applicant.

25.03 The Employer will furnish the Union with the names and addresses of all newly-hired employees.

25.04 When the Employer is awarded a new Service Contract for work covered by a collective bargaining agreement between a predecessor contractor and the Fairbanks Joint Crafts Council and its affiliates, the Employer agrees to retain all qualified, properly trained and certified (as required) employees of the predecessor contractor for performance of the Service Contract. The determination of the qualifications of a potential employee will be the sole responsibility of the Employer. If fewer than all are to be retained, seniority may be considered as a factor in the retention of employees.

Employees who are retained will not be subject to the ninety (90) day probationary period.

ARTICLE 26

MISCELLANEOUS

26.01 The Employer will provide areas within assigned facilities where employees may eat their meals at their regularly scheduled times; provided such facilities are made available by the U.S. Government.

26.02 All compensation payable to an employee hereunder shall be paid weekly, starting with the second full week of employment. The Employer will provide itemized paychecks or stubs, which will allow employees to determine all deductions, rates of pay, and hours worked. The Employer will offer, and will encourage all employees to sign up for, direct deposit.

26.03 Employees who are discharged by the Employer shall receive their wages, including accrued vacation pay and personal property, in full within three (3) days after termination. Employees who voluntarily resign without urgent reason will receive their wages, including accrued vacation pay, on the next regular pay day, but may receive their personal property upon quitting. No employee who is discharged or resigns will receive any wages until all keys, badges and passes have been surrendered, and that he/she has cleared the Employer’s property files. Upon request, the Employer shall provide a copy of the termination slip to the Union; which termination slip shall state the reason for termination.

26.04 Pest Controllers shall be furnished uniforms at no cost, and the uniforms shall be laundered at Employer expense. The Employer shall also furnish inclement weather gear and all personal protective equipment (PPE), as deemed appropriate for the classification and the task being performed.

26.05 The Employer may require an employee to undergo a physical examination. The Employer shall also have the right to select the examining physician, to request the physician to conduct specific required tests, and to receive a written report from the physician as to his/her findings. Such reports shall be considered confidential and shall be protected by the Employer accordingly to prevent unauthorized release of proprietary information. The total cost of such physical examinations shall be borne by the Employer.

26.06 The Employer and the Union agree that they will cooperate in the enforcement of health and safety standards and rules that may be established by the Employer in compliance with Occupational Safety and Health Administration (“OSHA”), Environmental Protection Agency (“EPA”), or other statutory regulations. The Employer shall provide all safety equipment required by the Employer, Army, or other government authority.

ARTICLE 27

BARGAINING UNIT WORK

Supervisors and other employees excluded from the bargaining unit shall not perform work normally performed by bargaining unit employees, except under the following conditions:

a. In the event of emergencies;

b. When necessary for training and/or instructing employees;

c. In circumstances which are required to ensure the quality of performance and/or the satisfaction of the Employer’s obligation and responsibilities as a contractor to the Federal Government;

d. When technical expertise and/or skills are not available within the workforce to execute a particular task, or series of tasks, and time/performance constraints do not permit the Employer to seek out such skills or expertise.

In no case will a bargaining unit employee be transferred, displaced, or lose any work time or wages when the Employer exercises these provisions.

ARTICLE 28

NO STRIKES - NO LOCKOUTS

28.01 It is agreed that there shall be no interruptions in, or impediments to, the Employer’s operations. Nor shall there be any stoppages, strikes, or lockouts during the life of this Agreement arising out of disputes or grievances. Instead, such disputes and grievances shall be peacefully resolved under the grievance procedure provided in Article 9.

28.02 It is agreed that in all cases of any unauthorized strikes, slowdowns, walkouts, or any other unauthorized acts of the employees of the Employer, or of the Union or official thereof, the Union shall promptly undertake to induce employees to return to their jobs and to process any dispute under Article 9. No liability shall attach to the Union unless, and until, any such unauthorized act has been expressly ratified by the Union.