Combined_CBA.pdf

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

THE SERVICE CONTRACT ACT |EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary | WAGE AND HOUR DIVISION of Labor | WASHINGTON D.C. 20210 | Wage Determination No.: CBA-2016-8562 Diane Koplewski Division of | Revision No.: 0 Director Wage Determinations| Date Of Last Revision: 3/29/2016 State: Alaska

Area: Anchorage

Employed on 673d Contracting Squadron contract for JBER Custodial Services.

Collective Bargaining Agreement between contractor: Ahtna Facility Services, Inc, and union: Alaska District Council of Laborers Local 341, effective 10/1/2010 through 9/30/2014 and amended on 8/20/2015.

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

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Agreement

October 1, 2010 - September 30, 2014

By And Between

Magic Brite Janitorial

And

Alaska District Council of Laborers, Laborers' Local 341

TABLE OF CONTENTS

Preamble 1

ARTICLE 1 Purpose and Scope 1

ARTICLE 2 Management Rights Clause 1

ARTICLE 3 Union Recognition and Security 3

ARTICLE 4 Dues Check-Off 3

ARTICLE 5 No Discrimination 4

ARTICLE 6 Union Representation 4

ARTICLE 7 Employer Rules and Employee Discipline 5

ARTICLE 8 Grievance Procedure and Arbitration 8

ARTICLE 9 Seniority 10

ARTICLE 10 Probationary Employees 11

ARTICLE 11 Leave of Absence 11

ARTICLE 12 Schedule and Overtime 13

ARTICLE 13 Holidays 15

ARTICLE 14 Wages 16

ARTICLE 15 Alaska Laborers’ Health and Welfare Fund 16

ARTICLE 16 Alaska Laborers’ Legal Service Fund 17

ARTICLE 17 Laborers-Employers Service Contract Education and Training Trust Fund 17

ARTICLE 18 No Strikes, No Lockouts 17

ARTICLE 19 Layoffs and Recall 17

ARTICLE 20 Vacation Policy 18

ARTICLE 21 Employer Provisions 20

ARTICLE 22 Uniforms 20

ARTICLE 23 Safety 20

ARTICLE 24 Meet and Confer 21

ARTICLE 25 Successors and Assigns 21

ARTICLE 26 Severability Clause 21

ARTICLE 27 Duration 21

Signature Page 22

SCHEDULE "A" 23

ARTICLE 1

Purpose and Scope

Through a sound and mutually beneficial relationship between the Employer and Union, it is the intent and purpose of this agreement to set forth herein the basic rules covering rates of pay, hours of work, and conditions of employment to be observed by the parties hereto. The Employer and Union are committed to the uninterrupted effective performance of the functions of the Employer. The Employer and Union will strive to maintain these functions through the performance of the regularly assigned and related duties of the classifications covered by this Agreement. This agreement relates to the employees employed at Elmendorf Air Force Base, Anchorage Alaska.

The Employer and the Union acknowledge that during the negotiations that resulted in this Agreement, each party had and exercised the unlimited right and opportunity to make demands and proposals concerning all lawful and proper subjects of collective bargaining. This Agreement fully and completely incorporates all such understandings and agreements and supersedes all prior agreements, understandings and past practices, if any, whether written or oral, express or implied. Accordingly, this Agreement alone shall govern the entire relationship between the parties and shall be the sole source of any and all rights that may be asserted hereunder.

ARTICLE 2

Management Rights Clause

The parties to this Agreement recognize and agree that any benefits that the employees covered by this Agreement receive as a result of their employment with the Employer depend upon the success of the Employer and the Employer’s ability to manage its operations in a manner the Employer deems appropriate to meet the challenges inherent in a competitive marketplace and the safety requirements of the federal, state and local governments. Accordingly, except as otherwise covered by a specific provision of this Agreement, the parties agree that the Employer retains the full right to discharge or discipline for just cause and to exclusively manage its business on any subject not addressed in this agreement. Management retains the rights to the following providing they do not conflict this agreement.

1. Direct the working forces using just cause; hire, promote, demote, discipline, discharge, suspend, lay off, call back or to terminate employees, except as otherwise limited by law;

2. Establish and regulate work shifts and hours of work, including the right to determine staffing levels, and to assign or reassign work, shifts or watches, subject to the seniority rights of employees, except that in no event will the Employer schedule hours of work in excess of that permitted by law;

3. Determine whether, when and where there is a job opening;

4. To relieve employees from duties because of lack of work, upon reasonable notice to the affected employees

5. Determine the number of hours per day or week operations shall be carried on.

6. Determine, establish, or modify job duties, work load, or quality of workmanship for all classifications, upon reasonable notice to affected employees.

7. Determine whether and when overtime shall be worked

8. Determine, establish and make known reasonable work rules, standards of performance, safety rules and operational methods, which shall apply to all employees;

9. Direct and supervise all employees, to assign work and transfer employees in the same, similar or different job classifications to the same or different work shifts or job classifications,

10. Sell, lease or merge its operations with another entity, or purchase, lease or otherwise acquire another entity;

11. Subcontract or contract out any or all of the work, systems or processes of its business not covered by this agreement.

12. Discontinue temporarily or permanently, in whole or in part, by sale, lease or otherwise, the conduct of its business or operations;

13. Determine, select, update or otherwise change any or all equipment, materials, methods or tools used; upon reasonable notice to affected employees;

14. Introduce new equipment, tools or machinery, and change, alter, adjust or discontinue existing methods and standards, including employee workloads;

upon reasonable notice to affected employees;

All inherent common law management functions and prerogatives which the Company has not waived in this agreement are retained and vested exclusively in the Company. The exercise of the aforementioned rights shall not be inconsistent with the provisions of this agreement and the intent of this Agreement is to mutually benefit the Employer and employees through fair employment conditions.

ARTICLE 3

Union Recognition and Security

The Employer recognizes the Union as the exclusive representative for the purposes of collective bargaining agent for all full-time and regular part time janitorial, non-supervisory lead janitors and periodic floor care workers with the respect to rates of pay, wages, and other conditions of employment for covered employees employed by the Employer within the project operations at Elmendorf Air Force Base. Excluded are all office clerical employees, project managers, assistant project managers, guards, and supervisors as defined by the National Labor Relations Act. As used in this Agreement, the term "employee" (singular or plural) refers only to the employees in the foregoing bargaining unit, unless the context specifically covers a different group.

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, and all new employees hired hereafter, shall, as a condition of employment, become members of the Union as of the effective date of this Agreement, or not later than the thirty-first (31st) day of their employment, whichever occurs later. All employees shall remain members in good standing for the full term of this Agreement. Failure to comply with this requirement shall be cause for 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.

ARTICLE 4

Dues Check-Off

Section 4.1 Dues Deduction The Employer agrees to deduct the appropriate dues and fees as certified by the Union from the employee's paycheck upon receipt of written employee authorization in the Dues Check-off Authorization and Assignment Form provided by the Union. The Employer shall thereafter remit such check-off dues to the Union each month after check-off payroll withholding to Laborers' Local 341, 2501 Commercial Drive, Anchorage, Alaska, 99501. The Employer shall also submit an employee list and record account along with the remitted dues. The Employer shall deduct from the employee’s wages only the amount of money which the Treasurer of the Union has certified in writing, is the amount of dues, properly established by the Union in accordance with applicable law and the Unions constitution and bylaws.

The Union agrees that in the event of any change in the Union's dues structure, it will notify the Employer and its members twenty-one (21) days prior to the first pay period of the following month.

The Employer will furnish the Union with the names and addresses of all newly-hired employees within twenty-one (21) days from the date of hire.

Section 4.2 Employer Protection The Union shall defend, indemnify and save the Company harmless against any claims, demands, suits, grievances, or other liability (including attorneys’ fees incurred by the Company) that arise out of or by reason of action taken by the Company pursuant to this Article.

Section 4.3 Dues Proportions to Earnings In the event an employee’s salary earnings within any pay period, after deductions for withholding, social security, retirement, and insurance, are not sufficient to cover dues and any uniform assessments, it will be the responsibility of the Union to collect its dues and uniform assessments.

ARTICLE 5

No Discrimination

In recognition of fair employment principles, neither the Employer nor the Union shall discriminate against any employee on account of race, creed, color, national origin, sex, age, or any other classification protected by Title VII of the Civil Rights Act of 1964 nor any other federal, state, or local law, or because any employee has exercised his/her rights under federal or state law. Both the Union and Employer will be responsible for the enforcement of this provision.

ARTICLE 6

Union Representation

Section 6.1 - Shop Stewards In administration of this agreement the Union may be represented by a Steward, who must be an employee of the employer in the bargaining unit. The Union may select one (1) shop steward per shift as needed. The Union may also select one (1) alternate, but the alternate shall not function as the shop steward except in the absence of the regular shop steward. The Union shall keep the shift supervisor or designee informed in writing of the name of the accredited shop steward(s) and alternate steward. Stewards shall enter and remain at the work site only on their respective shifts unless requested in writing and granted by the employer.

Section 6.2 - Union Representatives The Employer agrees to recognize the officers and agents of the Union and shall be kept advised in writing by the Union of the names and its officers and agents.

Section 6.3 - Departure from Work Assignment by Stewards to Investigate Complaints or Claims of Grievance The steward shall notify the shift supervisor or designee before leaving his work assignment for the purpose of investigating complaints or claims of grievance on the part of employees or the Union or contacting the Business Representative in regard to such claim or grievance.

Investigations shall be conducted in accordance with the Agreement. If the steward needs to conduct business at the Union Hall, the steward shall notify the shift supervisor or designee at least four (4) hours prior to leaving, unless otherwise agreed upon. All grievance and negotiating meetings shall take place outside of the regular working hours unless otherwise agreed to by both parties. The parties agree time spent in said meetings shall not be compensated for by the Company.

Section 6.4 - Corrective Action of a Steward If, in the opinion of the Employer, the steward is not operating within the scope of this Agreement or is exceeding the stewards’ authority, the Employer shall promptly notify the Business Manager of the situation. The Employer and the Union, after such notification, shall confer to adjust the matter.

Section 6.5 - Business Representatives’ Access to Work Areas Either the Business Manager of the Union and/or the duly appointed Business Representative, after having given the Employer reasonable advance notice, shall have access to the Employer's establishment during working hours for the performance of official Union duties. The Union visitation shall not interrupt the Employer's operations. Meetings with employee must be conducted either during break periods or before or after the start of employees shift. The Union and the Employer agree that the security of the Employer's place of business is critical to the business of the Employer. All visits are subject to Government regulations.

Section 6.6 – Posting of Official Union Business The Company will provide a bulletin board for the exclusive use of the Union. The use of said bulletin board will be limited to official Union business and notices of Union meetings. All notices must be approved by the Plant Manager or someone designated by him prior to posting.

ARTICLE 7

Employer Rules and Employee Discipline

Section 7.1 – Employer Rules The Employer shall enforce rules and regulations fairly and equitably. The Union and employees shall be notified prior to the institution of new rules and regulations or changes in existing rules and regulations as long as the changes are not in conflict with this Agreement.

Other than the reasons identified in section 7.2 and 7.4 the Employer shall not discharge any employee without just cause and with respect to any such discharge the Employer shall give at least three (3) warning notices to the employee of any complaint against such employee in writing and a copy of the same to the Shop Steward and Local Union.

Section 7.2 – Standards of Conduct In any organization certain rules and regulations must be observed by each employee for the benefit of everyone in the organization. In any instance when the meaning or application of any employment rule outlined in this agreement is raised, management and the Union will meet and confer to determine its meaning or application. The foregoing rules are illustrative only and not exhaustive. Management has the right to determine whether other conduct, which is not described in these rules, is not in the best interest of the company or its operations and therefore warrants disciplinary action including termination.

Section 7.3 – Employee Discipline (Progressive Discipline)

Employees found guilty of violating the Employer's rules and regulations may be warned, suspended without pay, or discharged in the following manner:

First offense Documented verbal warning with possible counseling

Second offense First (1st) written warning with possible counseling

Third offense Second (2nd) written warning and up to three (3) days suspension, at the Employer’s discretion.

Fourth offense Third (3rd) written warning and up to five

(5) days suspension or possible dismissal, at the Employer’s discretion

Fifth offense Dismissal

The progressive discipline system is intentionally structured in a way that once warning notices become twelve (12) months old, said notice is no longer operable for the future.

Discharge or suspension must be by proper written notice to the employee with a copy provided to the Union.

Section 7.4 – Serious Misconducts The Employer and the Union recognize that there are certain types of employee performance or discipline problems that are serious enough to justify a suspension, or in severe situations, termination of employment without going through the entire progressive disciplinary steps.

There may be circumstances where one or more steps are bypassed. Prior to any suspension of an employee, the Employer and the Union will conduct and conclude a reasonable investigation.

Any employee discharged for performance or disciplinary reasons shall be advised in writing of the reasons for discharge by the Employer.

Serious misconduct, includes, but is not limited to and which may cause immediate termination, are:

1. Having present in your body, during work hours, detectable levels of illegal drugs or alcohol. Unauthorized introduction, possession, sale, purchase of illegal or controlled substances into the Employer's place of business or job site.

2. Engaging in any activity prohibited by Article 19 – No Strikes No Lockouts.

3. Theft or Dishonesty.

4. Falsification of records. Making false statements or omitting pertinent facts on personnel or other records or giving false testimony in accident reports, audits, examinations or investigations.

5. Committing an act of violence or physical or verbal assault on an employee or Employer's representative or any civilian or military officer, agent, or employee of the military or other federal agency.

6. Unauthorized possession of firearms in Employer's place of business or government facilities or property.

7. Sleeping while on duty.

8. Conviction of a felony or misdemeanor, which in the opinion of Employer brings disrepute upon the Employer.

9. Refusal to take or failure to pass any drug test authorized and required by law or Executive Order, of the Employer's drug free work place policies.

10. Failure to report to work without notice or excuse.

11. Disrespect toward or refusal to comply with any lawful and reasonable directive from any officer or agent of the military.

12. Failure to comply with military or driving regulations or directive

13. Unlawful conduct which adversely affects the employee’s relationship to his job, fellow employees, supervisor and/or damages Magic Brite Janitorial property, interests, reputation or goodwill in the community

14. Insubordination, including but not limited to:

a. Refusing to carry out a reasonable work assignment given by a supervisor or other person in proper authority.

b. Countermanding or neglecting a supervisors order.

c. Using abusive, obscene or unprofessional language to another employee, customer or guest.

d. Fighting, threatening or striking another person.

e. Willful, vicious, profane, or maliciously false statements concerning another employee, supervisor or Magic Brite Janitorial

15. Violation of the Company’s Zero Tolerance Harassment and Discrimination Policy

16. Unauthorized use of any Employers vehicles.

17. Unauthorized disclosure of Employer’s proprietary documents, time sheets, pay cards, procedure manuals, etc. to anyone.

18. Employees restricted by the Government from entering the Government Installation.

19. Failure to complete assigned work without notifying Management or Supervisor that work was uncompleted.

20. Abandonment of job site.

21. Making terroristic threats

22. Breach of confidentiality

ARTICLE 8

Grievance Procedure and Arbitration

In the interest of resolving all employee and Union disputes, complaints or grievances (hereinafter referred to collectively as "grievance") in connection with the interpretation or application of the terms of this Agreement, the parties have settled upon the following orderly and peaceful procedures:

Section 8.1 - Complaint Procedure Any employee(s) having a complaint shall have the right, directly or through the steward, to present the complaint to the shift supervisor. If the parties are unable to resolve the complaint and if the complaint involves a matter subject to the grievance procedure, the complaint may be reduced to writing and processed as a grievance.

Section 8.2 - Definition of a Grievance A grievance is defined as a dispute between the Employer and the employee, employees, or Union involving the interpretation, application, or claim of breach or violation of a specific provision or past practice of the Agreement that the employee has not been able to adjust orally with the shift supervisor. The grievance must identify the specific provision of the Agreement that the Employer is claimed to have breached or violated at the time the grievance is filed. It is understood that the time limits specified herein may be extended by written mutual agreement of the Employer and the Union.

Section 8.3 - Adjustments If it is determined under the Grievance Procedure, including Arbitration, that any adjustment in pay is appropriate, such adjustment shall be based upon the rate of pay at the time of the occurrence. Any retroactive adjustments shall be paid appropriately.

Section 8.4 - Grievance Procedure All grievances will be settled according to the following procedure in the following sections.

Failure to appeal a decision made at any step in the time specified shall constitute a bar to any further action but shall not constitute a precedent binding upon the Union or the Employer.

STEP ONE: The employee shall, within three (3) working days of the act or mission on which the grievance is based, report in writing to the shift supervisor (with or without the steward) and shall notify the steward of the grievance. The steward shall immediately investigate and ascertain whether the grievance has merit, and shall report the results thereof to the Business Manager or designee.

The Union shall be the sole judge as to the validity of any grievance. In the event the Business Manager, or designee, believes the grievance has merit, the Union shall attempt to resolve the dispute informally with the Employer's Project Manager or designee within five (5) working days after the employee notice to the steward. If the dispute is not resolved within that period of time, the grieving party shall reduce the grievance and reasons therefore to writing and the Union may refer the matter to step two.

STEP TWO: The shift supervisor, project manager, grievant, and Union Representative(s) or their designee shall have a formal meeting in attempts to resolve the grievance. If no satisfied settlement is agreed upon within five (5) additional working days from the date of the formal meeting, refer to step three.

STEP THREE: The Union shall refer the written grievance to the Employer's General Manager or designee. If no satisfactory settlement is agreed to within five

(5) additional working days from the date the Employer receives the written grievance, refer the matter to step four.

STEP FOUR: If the grievance is not resolved at Step 3, a Board of Adjustment Hearing will be held within ten (10) working days to resolve the grievance. The Board of Adjustment shall be heard by two designated representatives of the Union and two designated representatives of the Employer. The Board's decision shall be given to the Employee within five (5) working days. The Board's majority decision shall be final and binding on all parties. If the Board is unable to reach a decision either the Union or the Employer may submit the issue to step 4.

STEP FIVE: An arbitrator mutually acceptable to the Union and Employer will be chosen within ten (10) working days after the Union notifies the Employer of its request to arbitrate. If the Employer and the Union cannot agree on an arbitrator within that period, the Union may contact the American Arbitrators Association or FMCS and request a list of local arbitrators.

The arbitrator will be selected by the Union and the Employer by alternately striking names from the list one name at a time until only one name remains on the list. The name of the arbitrator remaining on the list shall be accepted by the parties and arbitration shall commence within sixty

(60) calendars days, unless otherwise mutually agreed to by both parties. The parties hereby express their strong preference for labor arbitrators who reside in Alaska. The Employer and Union will share equally in the fees and expenses of the arbitrator, but each party shall bear its own costs and attorneys fees, if any. Employees who are called as witnesses by the Union during scheduled work hours will be compensated at the regular rate of pay for lost hours by the Union. Likewise, the Employer will pay employees at the regular rate of pay called as witnesses by the Employer.

The decision of the arbitrators shall be final and binding under the Uniform Arbitration Act.

Timelines Defined - Working days are Monday through Friday, exclusive of the ten Federal Holidays referred to in this Agreement.

ARTICLE 9

Seniority

Section 9.1 - Definitions The Employer and Union recognize the principle of protecting employees who have compiled the longest periods of continuous employment at the same Federal facility. As used herein, “seniority” means the duration of the employee's continuous service with the present Employer or successor, wherever employed, and with the predecessor Employers, including the probationary period, in the performance of similar work at the same Federal facility. The Employer agrees that when reductions in the work force are implemented, the seniority of the employees will be a factor to be considered. The Employer will consider each employee's skills, experience, aptitude, efficiency, capability and seniority in deciding which employees to lay-off or to recall. Judgments as to the qualification shall be at the sole discretion of the employer.

With all other employment qualifications being equal, at the discretion of the Employer, the Employer agrees to lay-off employees in order of seniority, with the least senior employees being laid off first, and likewise to recall employees with the most seniority first.

Section 9.2 - Seniority and Probationary Employees The parties to this Agreement, recognizing the need for certain skills to satisfactorily perform work, agree that seniority rights shall accrue after completion of the probationary period, and shall be retroactive to date of hire.

Section 9.3 - Loss of Seniority Seniority may be lost by any of the following:

1. If an employee quits.

2. If an employee is discharged pursuant to the terms of this Agreement.

3. When an employee takes unexcused leave for more than three (3) days.

4. When an employee is on lay-off for six (6) months or more.

5. If an employee fails to accept recall from lay-off within five (5) working days from receipt or attempted delivery of written notice, sent certified by mail, by the Employer to the employee's last known address.

6. If an employee overstays a leave of absence without prior approval from the employer.

7. If any monetary settlement is made with the employee covering total disability.

Section 9.4 – Vacancy Postings When the Employer determines that a vacancy exits in any classification, a notice of the vacancy shall be posted for a period of seven (7) calendar days, where time permits, in the normal posting locations and a copy mailed to the Union. Any employee in the bargaining unit shall be permitted to notify the shift supervisor of the employee’s desire to be a candidate for the position. The Employer retains the right to seek employees in any additional manner.

Section 9.5 - Seniority Lists The Employer shall supply the Union with an up-to-date seniority list when seniority changes.

ARTICLE 10

Probationary Employees

All newly hired employees shall be considered as being on probation until they have satisfactorily completed ninety (90) days of employment with the Employer. Upon satisfactory completion of the said probationary period, seniority will be computed from the date of hire or most recent date of rehire with the Company. Absence from work will extend the probationary period equivalent to the length of the absence. At any time during the probationary period, an employee may be discharged for any reason. Probationary employees are not covered by the Grievance and Arbitration provisions of the Agreement unless the dispute involves a pay issue.

Probationary employees shall begin accruing leave time and receiving fringe benefit contributions at their initial date of hire, but they must complete the probationary period to begin utilizing these benefits.

ARTICLE 11

Leave Of Absence

An employee desiring leave of absence from employment shall secure written permission from the Employer. Upon written permission from the Employer, an employee may be granted an unpaid leave of absence for up to three (3) months. Permission for leave must be secured from the Employer with a copy mailed to the Union. In the case of employees that are unable to work due to a worker compensation injury, unpaid leave shall automatically be granted. No benefits, except seniority credit, accrue during this period.

Upon return from authorized leave referred to in this Article, an employee shall be returned to work at his formal classification no later than three (3) working days after notifying the Employer of the anticipated return date.

Any employee who engages in other employment without the permission of the Employer while on leave, or is away longer than the term of the leave of absence, shall be subject to immediate discharge or discipline.

MEDICAL LEAVE OF ABSE NCE: An employee having thirty (30) days or more of continuous service credit and who is found and certified by a physician to be unable to perform regular assigned duties with the Employer because of the disabling illness or injury, shall receive an unpaid leave of absence for a maximum of ninety (90) days. The employee shall continue to accrue seniority credit during said absence.

MILITARY LEAVE OF ABSENCE: 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.

Employees who are members of the National Guard and Military Reserve Units, shall be granted necessary time off, without pay, in order that they may fulfill their military obligations. These employees must notify their shift supervisor immediately upon receiving notifications of training periods or other obligations requiring a military leave of absence. Employees may elect to use earned vacation benefits (if eligible) during periods of military service. Leave of absence shall not cause a change in seniority date. If benefits accrue during a year in which a leave of absence is taken, they shall be prorated according to service during that year.

MEDICAL TREATMENT: The Employer provides Workmen's Compensation coverage for employees who sustain an injury or occupational illness.

FAMILY MEDICAL LEAVE ACT (FMLA): The Employer agrees to be bound by the

FMLA.

UNION LEAVE: Employees shall have the right to request reasonable unpaid leave to work with the Union and such requests shall not be unreasonably denied by the Employer, provided that a seven (7) day advance notice is given to the Employer and the leave does not disrupt the Employers normal business operations. By reason of such Union Leave, employees shall not forfeit any accrued rights under this Agreement, but likewise shall not accrue any rights during such leave.

BEREAVEMENT LEAVE: In the event of death in an employee's immediate family, an employee shall be paid for a maximum of up to three (3) working days during the employee's regular work week. For purposes of this Section, the employee's immediate family shall include the employee's mother, father, sisters, brothers, children, grandparents, grandchildren, spouse, and spouses' mother and father. Additionally, two (2) unpaid days may be used in conjunction with the paid days. The paid days shall be on the basis of the average compensated hours per day that the employee received in the week preceding the leave. The employee will provide proof of the decedent's death and relationship to the employee.

SICK LEAVE: Employees shall have sick leave per year as allotted in Schedule A. Employees may utilize such sick leave in four (4) hour increments for any illness or injury which may render the employee unable to work. After two (2) consecutive days of absence, the Employer may require medical evidence of an illness or injury.

Sick pay shall be paid on a pro-rata basis determined by the employee’s average work weeks’ hours for the previous three (3) month period. In cases where an employee hasn’t established a three (3) month average, that employees’ weekly pro-rata basis shall be determined from the date of hire. Maximum of eight (8) hours per sick day based on forty (40) hours worked per week.

Unused sick time will not be cashed-out to the Employees at the end of each contract year.

However, Employees may carryover up to two (2) days of sick leave each contract year. At no point shall an Employee have more than six (6) sick days to their credit.

Upon termination for any reason from the Employer, all unused accrued sick leave shall be paid to the employee.

LEAVE AND PAYMENT FOR WITNESS OR JURY DUTY: An employee with thirty (30) days or more of continuous service credit who is called for jury duty or who is subpoenaed by the Employer to appear at a hearing shall be compensated for the difference between the payment received for such compulsory jury duty or court appearance and the payment the employee would have received for the straight time hours lost from the employee's regular work schedule, but said jury duty leave pay shall not exceed three (3) days pay, computed at the employee's basic hourly wage rate, and based upon the employee's average hours of work per day. The foregoing notwithstanding, jury duty or witness pay shall not be paid where an employee has been subpoenaed to appear at a proceeding by a party other than the Employer; nor shall the employee be compensated for witness pay if the employee has any direct interest or financial interest in the case. All benefits and seniority credits will accumulate during such leaves.

ARTICLE 12

Schedule and Overtime

All work schedules shall be posted no later than one (1) week in advance.

WORKWEEK: The Employer agrees to place as many employees as possible on a forty (40) hour, five (5) day per week workweek. Forty (40) hour scheduling of employees shall be based upon employee’s skills, experience, aptitude, efficiency, capability and seniority, with employees having the most seniority considered first. The Employer will use each employee's skills, experience, aptitude, efficiency, capability and seniority in deciding which employees to Schedule first.

In compliance with Alaska law, all work over eight (8) hours per day and forty (40) hours per week shall be paid at the one and one-half (1½) times overtime rate of pay.

All hours worked on an employee's sixth (6) or seventh (7) consecutive day of work shall be paid at the overtime rate of pay provided the employee has worked his full scheduled shifts on the preceding five (5) days.

SHIFTS: Shifts for all regular employees may be established as follows:

(a) Shifts shall be designated as follows:

8:00 a.m. to 4:30 p.m. Day Shift 6:00 p.m. to 2:30 a.m. Night Shift

Not all shifts will meet the above parameters and management has the right to set shifts as it deems necessary to meet business requirements.

(b) Employees involuntarily transferred from one shift to another shall receive at least twenty-four (24) hours notice except during an emergency. Transfer of employees shall be based upon employee’s skills, experience, aptitude, efficiency, capability and seniority, with employees having lesser seniority considered for transferred first.

(c) In the event of any emergency (e.g., severe weather conditions) requiring the discontinuance of the Employer's operations, employees will be released from work and/or will be excused from their obligation to report for work in accordance with directive which may be issued by the military command, and which apply to the operation of the military installation. The Employer shall pay appropriate wages to the scheduled employees as a result of such discontinuance of operation for the first twenty-four (24) hours, unless the Employer is required to completely reimburse the Government.

(d) There shall be a fifteen (15) minute rest period during the first half of each employee's shift providing his/her scheduled workday exceeds five (5) hours.

Such rest periods shall be taken without loss of pay at a work location to be determined by the Employer. Employees scheduled to work five (5) hours or less in any one (1) workday, shall not be granted rest periods, unless a medical condition exists that requires a rest period.

(e) The Employer will schedule a one-half (1/2) hour un-paid break for a meal period near the midpoint of a shift. The Employer will determine the location and approximate time of the break. Employees in personal vehicles may take their lunch breaks at locations other than those specified by the Employer.

(f) The Employer may combine (D) and (E) at their discretion into a forty-five

(45) minute break period near the midpoint of a shift. Fifteen (15) minutes of the break period shall be taken without loss of pay. Thirty (30) minutes of the break period shall be unpaid. The Employer will determine the location and approximate time of the break.

The provisions of this Article shall not be construed as a limitation upon the number of hours per day, per week the Employer may operate business or schedule its employees, nor shall it be construed as a guarantee of the minimum of hours available to employees.

REPORTING PAY: An employee reporting for work but unable to do so because the work is unavailable shall be guaranteed a minimum of two (2) hours pay at the applicable rate, unless the employee was notified not to report by the end of the employee's previous shift, or by telephone at least four (4) hours prior to the start of the employee's shift, if an emergency exists provided that notice by telephone shall be considered to have been duly given under this Section whenever the Employer has attempted to reach the employee by phone at the telephone number which was most recently provided by the employee for making contacts. When an emergency exists (such as, for example, short notice of area buildings closing given to the Employer by the military for reasons beyond the Employer's control) two (2) hours advance notice will be considered sufficient notice to prevent the Employer from being liable for reporting pay under this Section.

PAYDAY: Employees’ paychecks shall be made available at the Employers office at the conclusion of an employee’s scheduled shift on the first (1st) and fifteenth (15th) of the month.

The Union shall be notified if the pick-up location for paychecks is changed.

If a scheduled payday falls on a holiday or weekend, the employees’ paycheck will be made available for pick-up at 4:00 p.m. on the final workday after the holiday or weekend.

Employees shall be notified one (1) month prior to any scheduled payday changes in accordance with Alaska law (AS 23.05.160).

ARTICLE 13

Holidays

The holidays as listed below will be observed as non-work days. Whenever such holidays fall on a Saturday and the activity, (except those required to operate during holiday periods), may be closed to public business on the preceding Friday or the succeeding Monday then such Friday or Monday shall be deemed to be a holiday, in lieu of the stated holiday.

New Years Day Martin Luther King Day Washington's Birthday Good Friday Memorial Day Fourth of July

Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

All employees require to work on the holiday shall receive pay for hours worked that day, plus their holiday pay.

Employees not working a holiday will receive the same pay as they would normally receive on a regular workday.

Holiday pay shall be paid on a pro-rata basis determined by the employee’s average work weeks’ hours for the previous three (3) month period. In cases where an employee hasn’t established a three (3) month average, that employees’ weekly pro-rata basis shall be determined from the date of hire. Maximum of eight (8) hours per holiday based on forty (40) hours worked per week.

When one of the holidays falls within an eligible employee's approved vacation period and the employee is absent from work during the regularly scheduled work week because of this vacation, the employee will be paid for that holiday.

Employees must work at least eight (8) hours in the prior work week and eight (8) hours in the current work week in order to be eligible to be paid for the holiday.

ARTICLE 14

Wages

Employees shall be paid wages, and fringe benefits in accordance with the schedule of wages identified as Schedule A. The rates of pay, and fringe benefits, shall be negotiated between the Employer and designated representatives of the Local Union that has jurisdiction to represent the Employees.

ARTICLE 15

Alaska Laborers’ Health and Welfare Fund

The Employer agrees to remit the designated amount, as per Schedule A, per compensable hour worked for each employee, for a maximum of forty (40) hours per week worked for each employee to the Alaska Laborers Construction Industry Health and Security Fund. Payment will be due forty-five (45) days after the end of the month the benefits were earned. A minimum of one hundred and thirty (130) hours per month is required to receive health benefits.

Information about the Health and Welfare Fund is available through the local Union office.

ARTICLE 16

Alaska Laborers' Legal Service Fund for each employee, for a maximum of forty (40) hours per week to the Alaska Laborers' Legal Services Fund. Payment will be due forty-five (45) days after the end of the month the benefits were earned.

Information about the Legal Services Fund is available through the local Union office.

ARTICLE 17

Laborers-Employers Service Contract Education and Training Trust Fund worked for each employee, for a maximum of forty (40) hours per week to the Laborers- Employers Service Contract Education and Training Trust Fund. Payment will be due forty-five

(45) days after the end of the month the benefits were earned.

Information about the Laborers-Employers Service Contract Education and Training Trust Fund is available through the local Union office.

ARTICLE 18

No Strikes, No Lockouts

During the term of this agreement the parties hereto agree that there shall be No-Strikes of any kind whatsoever; work stoppages; slow-downs; or interference or interruption with the production or operations of the plant by any employees or the Union and there shall be no lock-outs by the Employer. Nor shall there be any strike or interruption of work during the term of this agreement because of any disputes or disagreements between any other persons (or other employers or unions) who are not signatory parties to this agreement. Employees who violate this provision shall be subject to disciplinary action, including discharge.

ARTICLE 19

Layoffs and Recall

LAYOFFS AND RECALL: The following procedure shall be followed in layoffs of employees in the janitorial job classification. The Employer need not apply the layoff provisions to reduction in force of its supervisors.

The Employer agrees that when reductions in the work force are implemented, the seniority of the employees will be a factor. The Employer will use each employee's skills, experience, aptitude, efficiency, capability and seniority in deciding which employees to lay-off or to recall.

Judgments as to the qualifications shall be at the sole discretion of the employer. The Employer shall give as much notice of any contemplated layoff as is reasonably feasible in all the circumstances.

Employees shall be recalled from layoff in inverse order of layoff in accordance with the above provisions. The Employer agrees to recall laid-off employees to fill any vacancies or requirements for additional employees within a group in which the employee was last working before the layoff.

Notice of recall shall be given first by telephone to the employee at the last known telephone number provided by the employee to the Employer. In the event there is no response to phone calls, the Employer shall send the recall notice by registered mail to the last known address the employee furnished to the Employer. Failure to report when recalled shall subject the employee to termination under this Agreement.

ARTICLE 20

Vacation Policy

Section 20.1 - General It is the policy of the Employer to grant vacation to employees. It is believed that a reasonable period of time away from the job is conducive to good health and well-being and can have a refreshing effect that is to the advantage of the Employer as well as the employee. Accordingly, it is management's responsibility to allow each eligible employee the opportunity to take vacation each year. Length of services includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same federal facility. Vacation pay shall be figured on the basis of the employee's normal workweek for regular employees. Vacation pay for employees shall be prorated to the average number of hours worked in the prior year.

Section 20.2 - PTO Accrual Rate

Length of Continuous Service Credit Paid Vacation Allowance After 1 year of hire, but less than 5 years 80 hours After 5 years, but less than 15 years 120 hours 15 years or more 160 hours

Section 20.3 - Maximum Accrual An employee's allowable anniversary year-end vacation accrual balance cannot exceed the year-end balance of 160 hours.

The Employer does not encourage the cashing-out of vacation time. It is incumbent on each employee to manage vacation time in a way that is most advantageous to the employees’ personal situation.

Section 20.4 - Vacation Pay Vacation time will be paid at the employee's working base rate, not to exceed forty (40) hours per week. Accrued vacation may be taken at a time mutually agreeable between the employee and the Employer.

Section 20.5- Use of Vacation Time Vacation time may be taken as it is accrued, upon the completion of the employees' probationary period, in increments as small as one (1) day.

A twelve (12) month vacation calendar will be maintained on the employee board, employees who submit and receive an approved vacation form will have their names placed on the calendar.

It’s paramount that employees submit vacation requests as far in advance as possible for scheduling and approval purposes.

All vacation requests will be submitted at least one (1) month in advance unless approved otherwise by the shift supervisor or designee. No more than two (2) employees on a shift will be allowed to take vacation during the same period of time. The maximum number of employees allowed to take vacation at one time cannot exceed the business needs of the company to meet contractual requirements.

Section 20.6 -Vacation Cash-Out Employees may cash-out vacation time at their regular rate of pay only in times of hardship with management approval. The minimum allowable cash-out will be 40 hours. If an Employee has less than (40) hours available, the Employee can cash out the total of remaining hours. Requests for cash-out must be submitted to the General Manager. Cash-out payments will be paid in the payroll cycle following receipt of the requested cash-out.

Section 20.7 -Termination An employee who is removed from the active payroll shall be provided pay in lieu of vacation for all unused vacation credits in that employee’s account, regardless of reason for termination subject to complete payment by the employee of all reimbursements or other monies the employee owes the Employer.

Section 20.8 – Employee Resignation An employee that fails to provide the Employer with at least one (1) weeks’ notice of resignation shall forfeit any vacation credits and the ability to receive pay in lieu of such vacation credits.

Section 20.9 - Leave without Pay Leave without pay may be authorized by the shift supervisor or designee.

ARTICLE 21

Employer Provisions

Tools and Equipment All hand and power tools and equipment will be provided by the Employer. Employees are responsible for maintaining equipment in a like new operating manner under normal wear and tear. Failure to do so may result in discipline.

Safety Equipment All safety equipment will be provided by the Employer. Employees are responsible for maintaining equipment in a like new operating manner under normal wear and tear. Failure to do so may result in discipline.

ARTICLE 22

Uniforms

Employer will furnish three (3) smocks at no cost to the employee. Employee will be responsible for providing black pants and shoes. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, the Employer shall reimburse the employee at the rate of six dollars ($6.00) per week or one dollar and twenty cents ($1.20) per day. However, in those instances where the uniforms furnished are of "wash and wear" materials which may be routinely washed and dried with other personal garments and do not require any special treatment such as dry cleaning, daily washing or commercial laundering in order to meet the cleanliness or appearance standards set by the Employer, there shall be no requirement that the employee be reimbursed for maintenance costs. Under normal routine wear and tear, the Employer agrees to exchange the damaged furnished uniforms at no cost to the employee.

ARTICLE 23

Safety

The Employer and Union recognize the responsibility for maintaining a safe and healthful workplace. The Employer recognizes its responsibility to make all reasonable provisions for the health and safety of the…