Atch_5_CBA_27_Jun_2013.pdf

June 27, 2013 1

Collective Bargaining Agreement by and between

CH2M HILL Academy Services, LLC and

THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL

WORKERS, LOCAL UNION 113

AND UNITED ASSOCIATION, LOCAL UNION 58

United States Air Force Academy

September 2, 2013 through September 1, 2015

27 June 2013 Attachment 5 FA7000-14-R-0004

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BASIC PRINCIPLES……………………………………………………………………………3

AGREEMENT

Article 1 UNION RECOGNITION Article 2 UNION REPRESENTATIVE VISITS Article 3 MANAGEMENT'S RIGHTS Article 4 COMPANY POLICIES Article 5 SUPPORT REQUIREMENTS Article 6 STRIKES AND LOCKOUTS

Article 7 SECURITY CLEARANCE REQUIREMENTS Article 8 NON-DISCRIMINATION Article 9 COMPLAINTS AND GRIEVANCES Article 10 ARBITRATION PROCEDURE Article 11 SENIORITY Article 12 PROMOTIONS AND UPGRADINGS Article 13 SAFETY Article 14 DISCIPLINE AND DISCHARGE Article 15 LEAVES OF ABSENCE Article 16 JURY DUTY Article 17 SICK LEAVE Article 18 BEREAVEMENT LEAVE Article 19 VACATIONS Article 20 HOLIDAYS Article 21 WORKDAY AND WORKWEEK Article 21B SPECIALTY SHIFTS…………………………………………………………….20 Article 22 BULLETIN BOARDS Article 23 GENERAL MAINTENANCE MECHANIC Article 24 HEALTH & WELFARE BENEFITS Article 25 401 (k) PLAN Article 26 WAGES Article 27 NOTICES Article 28 SUCCESSORS AND ASSIGNS Article 29 SEPARABILITY

Article 30 TERM OF AGREEMENT

Addendum A - WAGE DETERMINATIONS

Addendum B - WAGES AND BENEFITS

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BASIC PRINCIPLES

The Employer and the Union have a common and sympathetic interest in the Industry. Therefore, working systems and harmonious relations are necessary to improve the relationship between the Employer, the Union and the Public. Progress in industry demands a mutuality of confidence between the Employer and the Union. All will benefit by continuous peace and by adjusting any differences by rational common sense methods.

AGREEMENT

Agreement made this 1st day of September, 2013, by and between CH2M HILL Academy Services, LLC located at United States Air Force Academy, (USAFA) Colorado, and Local Union No. 113, I.B.E.W and UA Local Union 58 (the "Agreement").

As used hereinafter in this Agreement, the term "Employer" and/or "Company" shall mean, CH2M HILL Academy Services, LLC and the term "Union" shall mean Local Union No. 113, I.B.E.W and Local Union No. 58, UA.

WITNESSETH:

WHEREAS: The Employer and the Union have bargained collectively in good faith, with respect to wages, hours, and other conditions of employment for employees in the bargaining unit hereinafter more clearly defined, and have reached agreement. This Agreement sets forth the entire understanding and agreement of the parties and may not be modified in any respect except by a writing subscribed to by the parties. The Union acknowledges that it has had the opportunity to bargain with respect to all matters that are subject to bargaining between the Company and the Union as provided in the National Labor Relations Act, as amended, and agrees that this Agreement settles all demands and issues on all matters subject to collective bargaining, including all demands made by the Union during negotiations. The Agreement is the sole agreement between the parties hereto relating to the employees described in Article 1 hereof.

NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, the Company and the Union do hereby agree as follows:

ARTICLE 1 UNION RECOGNITION

(a) Pursuant to a Voluntary Recognition Agreement entered into the 14th day of January, 2004 to be effective January 30, 2004, the Company hereby recognized the Union as the exclusive bargaining representative, for the purposes of bargaining collectively, as required by Section 8(d) of the Labor Management Relations Act of 1947, as amended, with respect to wages, hours and other conditions of employment for the Company's employees assigned to positions in the following bargaining unit:

1. All employees employed by the Company, pursuant to the FA7000-07-C-0035 contract at the USAFA, Colorado; BUT EXCLUDING all managers, professional employees, confidential and clerical employees, and supervisors as defined by the Act.

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2. Whenever the words "employee" and "employees" are used in this Agreement, they shall be construed to refer only to employees included in the bargaining unit as described in Paragraph (a) of this Article, unless otherwise noted herein.

3. All references herein to gender shall be construed as being equally applicable without any reservation to both males and females.

(b) Introduction Of Employees: A designated Union Steward will be granted one-half (1/2) hour, normally 7:30 AM – 8:00 AM with new employees during "new employee in-processing" to provide necessary union documents and explain the duties of the steward and the union to those newly hired employees. Each new employee shall be introduced to the Union Steward by the supervisor in the activity to which such employee will be permanently assigned as soon as possible, but in no event later than five (5) calendar days after he/she reports to his/her supervisor for regular assignment, each employee transferred from another section or shift shall likewise be introduced if their Union steward changes. The Company will notify the Union in writing within five (5) calendar days after employment of the name, address, social security number, classification and rate of pay for each new employee who is within the bargaining unit.

(c) Representation: The Union has the right to appoint no more than a total of four (4) Stewards at this location where workmen are employed under the terms of this Agreement, unless otherwise agreed upon by all parties. The Employer shall be notified and furnished the name of the Stewards. Such Stewards shall be allowed reasonable time during the regular work hours without loss of pay to see that the terms and conditions of this Agreement are observed at his shop or on his job. No Steward shall be discriminated against by the Employer because of his faithful performance of duties as Steward, nor shall any Steward be removed from the job until notice has been given to the Business Manager of the Union. The Union shall provide written notification to the Company with the name(s) of Union Stewards.

Recognized Steward duties include gathering information on alleged violations of the Agreement, processing grievances, attending all employee disciplinary meetings - when requested by the employee, and maintaining the Union’s bulletin boards. It is agreed that the Steward may receive but not solicit grievances from employees. For the purpose of this Agreement, this means the Steward will receive grievances from employees and not petition for them.

The Union recognizes and agrees that Stewards will carry out their duties with a minimum of interference to the orderly progress of Company work. The Steward shall secure permission of their supervisor or assigned alternate before leaving their work area and report back to their supervisor or alternate upon return to their work area from performing Union duties. Permission shall be granted unless operation activities are unduly affected. The Company will not unreasonably deny or delay access to the Steward. Upon entering any work area to perform Union duties, the Steward shall contact that supervisor and obtain permission to contact any employee for the purpose of conducting Union business.

(d) Union Security:

1. All employees who are members of the Union on the effective day of this agreement shall be required to remain members of the union as a condition of employment during

June 27, 2013 5 the term of this agreement. New employees shall be required to become and remain members of the Union as a condition of employment from and after the 31st day following the date of their employment or on the effective date of this Agreement, whichever is later.

2. The Company agrees to make payroll deductions consistent with the Company's pay practices for dues upon proper authorization from its employees. Such amounts are to be deducted each pay period and transmitted not later than the 15th of the following month to the Local Union together with a list of names of the employees from whom the payroll deductions were made.

3. The Union agrees that the Company incurs no liability from the collection of dues as provided herein.

The Union shall indemnify the Company and save it harmless from any claim, loss, damage, cost or expense arising out of the deductions made pursuant to this Article. In the event it is determined by any proper judicial or quasi-judicial forum that deduction(s) were improperly made by the Company acting on the Union's advice, the Union will indemnify and hold the Company harmless from any and all claims.

ARTICLE 2 UNION REPRESENTATIVE VISITS

Within the Federal Government Security Guidelines and with the Federal Government's authorization onto the installation, and after notice to the Project Manager, duly authorized representatives of the Union shall be permitted to visit worksites for the purpose of conducting proper union business. It is agreed and understood that in conducting union business disruption of employees' work will be kept to a minimum.

ARTICLE 3 MANAGEMENT'S RIGHTS

(a) The Union understands the Employer is responsible to perform the work required by the owner. The Employer shall, therefore, have no restrictions except those specifically provided for in the collective bargaining agreement, in planning, directing and controlling the operation of all his work, in deciding the number and kind of employees to properly perform the work, in hiring and laying off employees, in transferring employees from job to job within the Local Union's geographical jurisdiction, in determining the need and number as well as the person who will act as Foreman, General, Forman, or Lead Person; in requiring all employees to observe the Employer's and/or owner's rules and regulations not inconsistent with this Agreement, in requiring all employees to observe all safety regulations, and in disciplining or discharging employees for proper cause.

(b) Physical Examination: The Company may require an employee to undergo periodic physical examinations, including a drug screening pursuant to the Company's drug and alcohol policy. The Company may also periodically require employees to receive occupational immunizations, or sign an immunization waiver form relieving the Company of any responsibility for occupational diseases that would have been prevented had the immunization occurred. The Company drug policy will be accepted by the Union. The Company shall have the right to select the examining physician, request the physician to conduct specific tests, and to

June 27, 2013 6 receive a written report from the physician as to his findings. Such reports shall be considered and treated in a confidential manner by the Company. The total cost of such physical examinations, exclusive of any treatment given shall be borne by the Company. Further, employees who must obtain a medical examiner’s certificate (physical), for the purpose of renewing their existing job-required commercial driver’s license (CDL) in order to perform their assigned duties, will be issued a voucher for the approved provider, or they will be reimbursed up to $50 if they choose to go to their own provider.

(c) The Company reserves all rights that it heretofore had except to the extent that those rights are expressly limited by the provisions of this Agreement. Without limiting the foregoing reservation of rights, the parties consider it to be desirable, in order to avoid unnecessary misunderstandings or grievances in the future, to specify by way of illustration some of the rights reserved to the Company, which it may exercise in its sole discretion and which might otherwise be sources of potential controversy, these rights being:

i) The right to determine, direct, and change the work operations and work force of the Company;

ii) The right to increase or decrease the work force, to eliminate or combine job classifications, in whole or in part, and to establish new job descriptions for such new classifications and to bargain with the Union over wages for such classifications;

iii) The right to hire, promote, transfer, lay-off, discipline and discharge employees covered by this Agreement and to determine the requirements and criteria prerequisite(s) to being hired, promoted, transferred, laid-off, disciplined, or discharged;

iv) The right to determine performance standards, the type of services to be rendered, and the manner in which such services are to be performed.

v) The right to terminate any employee without resort to the grievance or arbitration provision, whose removal from their position is requested or directed by the contracting officer or the installation commander. A copy of the directive shall be provided to the Union.

ARTICLE 4 COMPANY POLICIES

Company policies will be provided to employees. Employees covered by this Agreement may be governed by reasonable Company policies, which are not in conflict with the terms and conditions of this Agreement or the terms and conditions of employment, which are mandatory subjects for bargaining.

ARTICLE 5 SUPPORT REQUIREMENTS

The Union acknowledges the responsibilities of the Company's operations as they are related to the support of USAFA objectives. The parties realize that the USAF, at its discretion, may make unusual and immediate demands in conjunction with support of USAFA objectives. The Union, June 27, 2013 7 acknowledges the responsibilities of the Company's operations as they are related to the personnel, and personnel may be called upon to perform temporary duties as required to support the mission. The Company and Union agree, however, that the assignment of duties that fall outside of the normal work activities of the Employee's given job description and/or classification, except on a temporary, operational support required basis, should be avoided.

Employees outside the Bargaining Unit shall not perform work normally or regularly performed by Bargaining Unit employees, except for purposes of instruction, testing, development, and integration of new or modified equipment or programs, systems failure, and emergency situations. For purposes of this provision, testing and "development" shall mean a sustainment or an engineering effort to demonstrate the effectiveness of changes to new or existing equipment in order to improve performance or to accomplish new requirements. Such work shall not be performed for the purpose of operating, maintaining, removing, installing, or performing maintenance on USAFA equipment.

ARTICLE 6 STRIKES AND LOCKOUTS

(a) The Company shall not lockout any of its employees during the term of this Agreement.

(b) There shall be no strikes (including sympathy strikes), boycotts, work stoppages or interruption of work of any kind whatsoever by the Union or the employees during the term of this Agreement; nor shall any employee refuse to cross a picket line at any facility belonging to the Company, or to any entity with which the Company does business. The Union agrees that under no circumstances will it or its members call, authorize, approve, ratify, or sanction any strike, sit-down, slowdown, boycott, refusal to cross a picket line, or any curtailment, interruption or restriction of work; nor shall the Union or any employee it represents interfere with the Company's operations in any way by engaging in picketing, hand-billing, or union publicity campaigns of any kind against the Company during the term of this Agreement.

(c) Employees, whether acting singularly or in concert, shall not induce, instigate, cause or take part in any acts prohibited by section (b) above, and any employee who engages in any such act or attempts to encourage, induce or instigate others to do so, shall be subject to immediate discharge.

(d) Upon being notified by the Company that any of the acts referred to in sections (b) and

(c) above are occurring, the Union shall immediately advise the offending employees or union officials that their acts are in violation of this Agreement and shall take immediate affirmative action to cause such conduct to cease. The Union shall give the Company its full cooperation and shall aggressively undertake all measures that are legally permissible to cause the earliest cessation of any such acts, including the immediate assignment of a Union representative to work on the problem. After it receives notice from the Company that acts violative of sections

(b) or (c) above are occurring, the Union shall, as rapidly as possible, advise the Company in writing as to what actions it has taken to remedy the situation.

(e) It is the purpose of this Article to bar any work stoppages, strikes, or other similar job actions whatsoever during the term of this Agreement.

(f) The sole exception to this prohibition is that the observance of a picket line that is established by a labor organization presently recognized by the Company for purposes of

June 27, 2013 8 collective bargaining, and which picket line is authorized by the Central Labor Council shall not be a violation of this Agreement; provided, however, that if the Union supports another Union's picket line during the term of this Agreement, the Union recognizes its obligation to keep a reasonably sufficient number of employees on the job to maintain all operations. The Union agrees to not unreasonably deny the Company's request to add additional bargaining unit staff during the duration of a strike.

ARTICLE 7 SECURITY CLEARANCE REQUIREMENTS

(a) It is understood by and between the parties hereto that employees must be able to obtain and hold a security clearance consistent with Company's contractual requirements as a condition of continued employment. Employees shall also be subject to investigation for security clearance and/or unescorted entry authorization under regulations prescribed by the Department of Defense or any other agencies of the United States Government on Government work. Denial or loss of such a clearance and/or unescorted entry authorization by such Governmental agency shall be just cause for termination without recourse to the grievance procedure.

(b) Prior to termination, the employee and his steward will have the right to discuss the situation with the Project Manager, in order to present any facts that may be pertinent in the Company decision.

(c) It is understood that there shall be no liability on the part of the Company for any termination growing out of the denial, loss or failure to obtain clearance and/or unescorted entry authorization by the United States Government; however, nothing in this Agreement shall preclude the individual from following any, legal remedy he may have against any other person or organization by virtue of the termination under this clause. Termination because of denial, loss or inability to obtain security clearance, and/or unescorted entry authorization by the proper United States Governmental Agency shall not be subject to the grievance or arbitration procedure. This clause shall not in any way diminish an employee's right to pursue his rights under the terms of this contract when his termination or discharge is the result of action other than a security denial and/or unescorted entry authorization.

(d) Failure to meet government security requirements, including loss of Base access due to an employee's own negligence, shall be grounds for termination without recourse to the grievance procedure.

ARTICLE 8 NON-DISCRIMINATION

(a) Non-discrimination: Both the Company and the Union shall not discrimination against any employee or applicant for employment by reason of race, creed, color, sex, national origin, age, veteran status, citizenship, disability or any other characteristic protected by law, including but not limited to characteristics protected by Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act Amendments Act of 2008, the Lily Ledbetter Fair Pay Act of 2009, the Family Medical Leave Act of 2008, the Genetic Information Nondiscrimination Act of 2008, and/or any federal human rights or anti-discrimination

June 27, 2013 9 laws and/or similar state human rights or anti-discrimination laws. The Company and the Union further agree that all claims of any violation of this Non-Discrimination Article shall be subject to the grievance and arbitration process as the sole and exclusive remedy. Arbitrators shall apply appropriate federal or state law(s) applicable to the claim asserted hereunder in rendering decisions based upon claims of discrimination.

(b) Union Activity: Union membership or legitimate Union activity will not jeopardize any employee's standing with the Company or opportunity for advancement. It is further agreed that the Company and its agents will not discriminate against, interfere with, restrain or coerce in any manner whatsoever any steward or member of the bargaining unit because of any lawful activities on behalf of the Union.

ARTICLE 9 COMPLAINTS AND GRIEVANCES

(a) Complaints: While not a "grievance" as defined hereafter, employees and/or the Union representative are encouraged to engage in informal discussions with the Company to attempt settlement or to prevent problems.

(b) A grievance shall be defined as and limited to a statement by an employee, or the Union on behalf of specified employees covered by this Agreement, of his belief that the Company has violated the express provision(s) of this Agreement and by reason thereof his rights have been affected, except that this grievance procedure shall not be used for any disciplinary action directed by the Government. The grievance procedure outlined in this Article shall not apply to any situation where the Company is acting under the directives (verbal or written) of the Government.

Any grievance not presented and carried forward within ten (10) calendar days shall be deemed waived, unless such time limits are extended in writing by mutual consent of the Company and the Union.

(c) There shall be a Labor-Management Committee of two representing the Union and two representing the Employer. It shall meet regularly at such stated times as it may decide.

However, it shall also meet within three workdays when notice is given by either party. It shall select its own Chairman and Secretary.

(d) All grievances or questions in dispute shall be adjusted by the duly authorized representatives of each of the parties to this Agreement as outlined in "Timeliness and Steps" elsewhere in this article. In the event that these two are unable to adjust any matter within the time frame established in "Timeliness and Steps," they shall refer the same to the Labor- Management Committee.

(e) All matters coming before the Labor-Management Committee shall be decided by majority vote. Four members of the Committee, two from each of the parties hereto, shall be a quorum for the transaction of business, but each party shall have the right to cast the full vote of its membership and it shall be counted as though all were present and voting.

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(f) Should the Labor-Management Committee fail to agree or to adjust any matter, such shall be submitted jointly by the parties to this Agreement to an arbitrator selected through the procedures of the Federal Mediation and Conciliation Service for adjudication. The arbitrator's decision shall be final and binding on both parties hereto.

(g) Timeliness And Steps:

No matter shall be considered as a grievance unless it is presented in writing to the Company within ten (10) calendar days after the occurrence of events on, which the grievance is based unless the circumstances of the case made it impossible for either the employee or the Union to know that he had grounds for such claim prior to that date.

1. Step 1: An alleged grievance shall be discussed between the Steward and/or other Union Representatives and the Project Manager or his designated representative. The aggrieved employee may or may not be present at such discussion. The parties shall discuss the grievance and attempt to resolve the dispute. The Project Manager or his designee shall render a decision orally within five (5) working days after the grievance is first presented and discussed. If the grievance cannot be resolved at this step, then both parties will state their respective positions in writing on a joint form supplied by the Union within five (5) working days after the Project Manager or his designee has rendered a decision orally. Within five (5) working days after the date all parties have signed the form the grievance may be submitted, by the Union, on behalf of the aggrieved employee, to the next step. If the grievance is not resolved, it will automatically move to the next step. Then all parties will sign the form.

2. Step 2: Upon written notice from the Union, the Company will schedule a labor management meeting with the Union to be held within ten (10) calendar days after receipt of the notice. The labor management meeting will consist of a Steward and a Representative of the Union and the Project Manager or his designee. The grievant may be present as a witness at this meeting. The Labor Management committee will render a written decision to the Representative of the Union within ten (10) working days after the meeting. Within ten (10) working days after the date of the written decision, the grievance may be submitted, by the Union, on behalf of the aggrieved employee, to the next step.

3. Step 3: Within ten (10) working days of the date of the written decision, either party may demand arbitration, in accordance with Article 10 of this Agreement.

4. The time limits may be waived only by written mutual consent of the parties.

(h) The reason for discharge or other disciplinary action shall be given to the employee in writing at or about the time of the discharge or other disciplinary action and the Company will provide a copy to the Union.

(i) Record of Disciplinary Action: The Company will consider reprimands or disciplinary actions against an employee as cleared from his/her record after a twelve (12) month period from the date of issuance, provided that there have been no further infractions during that period.

Effective September 1, 2009 the Company will consider reprimands or disciplinary actions

June 27, 2013 11 against an employee as cleared from his/her record after a twenty-four (24) month period from the date of issuance, provided that there have been no further infractions during that period.

ARTICLE 10 ARBITRATION PROCEDURE

(a) During the term of this Agreement, any grievance which has not been finally settled or disposed of in accordance with the steps of the Grievance Procedure outlined above may be submitted to Arbitration within ten (10) calendar days after receipt of the Labor Management Committees reply.

(b) The parties shall jointly request the Federal Mediation and Conciliation Service to submit a panel of nine (9) arbitrators. The parties shall alternatively strike arbitrators from the panel with the loser of a coin toss striking first. The remaining name shall be the arbitrator. The parties may mutually agree to a specific arbitrator thereby waiving the above procedure.

(c) The decision or award of such arbitrator shall be final and binding on each of the parties, and they will abide thereby subject to such applicable laws and rules and regulations as any Federal Agency having jurisdiction may impose. The cost of the Arbitrator's services, and any other expenses incidental to the arbitration that are mutually agreed to in advance, shall be paid by the losing party to the arbitration. Each party shall bear the expenses of preparation and presentation of its own case. For the purpose of the Arbitration Procedure, Saturdays, Sundays, and holidays shall not be counted in the computed due date for any decision or appeal there from.

In addition, any grievance being submitted to arbitration is subject to final resolution between the designated representative of the Union and the Company designated representative, prior to the grievance being presented to the arbitrator.

(d) When any matter in dispute has been referred to conciliation or arbitration for adjustment, the provisions and conditions prevailing prior to the time such matter arose shall not be changed or abrogated until agreement has been reached or a ruling has been made.

ARTICLE 11 SENIORITY

(a) Seniority is hereby defined as the Employee's length of continuous service, commencing from his or her original date of hire with this employer, or predecessor employer performing the same services, as contained in the employee’s personnel file. The Company recognizes seniority only to the limited extent set forth in Article 11(b).

(b) The Company recognizes seniority as a consideration in employment decisions as a factor secondary to experience, qualifications, and demonstrated job performance. Demonstrated job performance means consideration where the employees may have the same experience and background in performance of duties, but one employee has demonstrated substantially greater skill in performing the duties, discipline history, and reliability in reporting for work. Where employees have substantially the same experience, qualifications, and demonstrated job performance, the Company will use seniority as a factor in employment decisions between affected employees as set forth in Article 11(d).

(c) Probationary Employees: The Employee shall be on probation for his or her first ninety

(90) calendar days of employment in the bargaining unit. During the first ninety (90) calendar

June 27, 2013 12 days of employment he is subject to discharge without recourse to the Grievance Procedure.

Times may be extended by mutual consent of both parties.

(d) Seniority will be a factor in employment decisions on the basis set forth in Article 11(b) hereof, in determining promotions, recalls, transfers, changes in shifts, and job openings. The only factors for consideration in determining layoffs are first skill and then seniority.

(e) In cases of layoff, the Company will give not less than two (2) weeks notice of contemplated layoffs to the employees affected and to the Union. Where, however, such notice is not feasible, the company will notify the employee and the Union as promptly as possible and give, in lieu of said notice, two (2) weeks pay, not to exceed eighty (80) hours at the employee's straight time base hourly rate.

(f) A non-probationary part-time or full time employee who is laid off shall have call-back rights for a period of one (1) year. It is the responsibility of the laid-off employee to keep the Company advised by certified mail of any changes in his mailing address. The Company shall be considered to have fulfilled its obligation for recall under this Section by sending notice of the job opening to the employee's last known address by certified mail. The employee shall express to the Company his intent to return to work not more than seventy-two (72) hours after receipt of certified notice from the Company; thereafter, the employee will have a maximum of seven (7) days in which to report for duty.

(g) An Employee's seniority shall be terminated upon the occurrence of any of the following events:

(1) Employee is discharged for just cause;

(2) Employee voluntarily quits;

(3) Employee has been on layoff status in excess of the time limits provided in Section (f) above;

(4) Employee fails to express to the Company his intent to return to work and/or does not return to work in accordance with the requirements of Section (f) above;

(5) Employee retires and/or becomes permanently disabled;

(6) Employee fails to report for work and fails to notify the Company for three (3) consecutive days. The Company will also have the steward verify Employee's non-availability. An exception will be if the circumstances caused by the Employee's illness or accident make it impossible for the Employee to report or for anyone else to report for the Employee; or

(7) Employee fails to renew a leave of absence; except when circumstances caused by the Employee's illness or accident make it impossible for the Employee to report or for anyone else to report for the Employee;

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(h) In all issues where ties in seniority exist, affected employees will draw to determine placement on the seniority list. This procedure will be conducted by the Steward and the result provided in writing to the Company and the local Union office.

(i) Seniority List: The Company shall supply the Union with a seniority list of the employees covered by this Agreement such list shall be provided to the Union as changes necessitate.

(j) Temporary and Part-Time Employees. It is agreed that the Company may employ part-time employees and that they are recognized for the purpose of collective bargaining. It is also recognized that the Company may employ Temporary Employees that are recognized for portions of the collective bargaining agreement that are contained herein.

It is understood the definition of part-time is an employee hired by the employer to normally work less than thirty three (33) hours per week. Temporary employees are employees who are hired for a specific temporary assignment, normally for a period of less than one year.

Temporary and Part-time employees receive holiday, vacation, and sick leave benefits on a pro-rata basis. Temporary and Part time employees will not receive Health and Welfare benefits, but rather will be paid out per Addendum B in their regularly scheduled pay check.

It is agreed that the Company may employ temporary and part-time employees for work in connection with and needed to supplement regular, full-time employees during absences and for work load requirements.

During their employment, part-time employees shall accumulate unit seniority from the date of employment in their respective classification. Part-time employees will only have seniority among part-time employees in their respective classification. To fill a full-time bargaining unit position, qualified part-time employees in the classification will be offered the position. Part-time employees progressing to regular, full-time status will accumulate unit seniority on the full-time seniority list in their classification from the first full day of continuous employment as a regular, full-time employee.

In the event of resignation or termination for just cause, temporary and part-time employees are covered under the Agreement as noted in this Section, as noted in each applicable Article, and may utilize the grievance procedures.

In the event of reduction in force, a regular full-time employee may displace a part-time employee in his classification. Part-time employees shall not be eligible for overtime, temporary upgrades, or shift assignments until such time as the Company has exhausted all reasonable attempts to fill the assignment from full-time employees.

ARTICLE 12 PROMOTIONS AND UPGRADINGS

(a) Before employees are hired from the outside to fill vacancies in all labor grades, it is the intention of the Company to promote from within the bargaining unit if available employees have the skill and ability necessary to do the work consistent with the requirements of Article 11.

In such instance the senior qualified employee will be promoted. Foreman and Lead positions

June 27, 2013 14 will be filled internally with the bargaining unit provided the employees have the skill and leadership ability necessary to perform the task as determined by the Company. The Union will be advised of promotions in a timely manner.

(b) The Company will make its best effort to provide on going training and cross training to keep employees skills updated on the equipment and systems that they are responsible for.

ARTICLE 13 SAFETY

(a) There shall be a Joint Safety Committee consisting of six (6) members representing the Employer and six (6) members representing the Union. The duties of this Committee shall be to develop and recommend safe work rules that are equal to or greater than the Standards of Construction as established by the Occupational Safety and Health Act of 1970, or other applicable Federal or State laws. Such rules, and the other safety rules provided in this Article, are minimum rules and not intended to imply that the Union objects to the establishment and imposition by the Employers of additional or more stringent safety rules to protect the health and safety of the employees.

(b) It shall also be the function of this Committee to study these safe work rules and recommend their update to the parties to this Agreement for possible inclusion in this Agreement and report to the Project Director. This Committee shall meet at least once each quarter and also when called by the Chairman or when called by a majority of the current committee members.

(c) Members of the Joint Safety Committee shall be selected by the party they represent.

(d) Upon employment the Employer shall furnish hard hats and proper individual protective gear, including safety glasses and protective boots, when such are required. The Employer shall also furnish up to $125.00 for protective boots and up to $125.00 for prescription safety glasses annually, provided that the employee produces a receipt for the protective boots and/or prescription safety glasses. Employees who wish to purchase prescription safety glasses every two (2) years may roll one year of the $125 reimbursement over, to help cover the expense of the prescription safety glasses.

(e) The safe work practices that are in effect on the customer's property which are more stringent than those in this Agreement shall apply to work, which is performed on that property under the terms of this Agreement.

(f) The Union agrees that it is the responsibility of each employee in cooperation with the Company to ensure compliance with all environmental regulations, and that any employee shall report any environmental concerns to the Joint Safety Committee.

(g) All asbestos remediation or asbestos compliance, if any, will be done by an independent contractor hired in the sole discretion by the Company.

(h) It is the Employer's exclusive responsibility to insure the safety of its employees and their compliance with these safety rules and standards.

(i) Any employee not following safety rules shall be disciplined accordingly.

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ARTICLE 14 DISCIPLINE AND DISCHARGE

(a) The Company shall discipline its employee(s) when necessary and discharge those that fail to uphold Company standards. The Company, as a part of its management rights, has the right to discipline, suspend, demote or discharge for just cause. For purposes of clarity it is stipulated that just cause for discharge shall include, but shall not be limited to, compliance with Company work rules and policies, which shall be provided to the Union.

(b) The Company may, at its discretion, except in the case of conduct where there is just cause for immediate discharge, impose progressive discipline for failure to perform, misconduct or a problem of any kind or combination thereof.

ARTICLE 15 LEAVES OF ABSENCE

(a) After one (1) year of continuous service with the Company, a leave of absence without pay, for reasonable cause as determined by the Company, may be granted for a period up to ninety (90) calendar days, with written approval of the employee's supervisor at least fifteen (15) days in advance so such leave of absence, providing the employee can be spared from his regularly assigned duties. Employees who are away for a period longer than the term of the leave of absence, or who accept employment elsewhere without the permission of the Company during leaves of absence, shall be considered to have voluntarily terminated their employment with the Company.

(b) Upon written request from the Union, a leave of absence without pay for a period not to exceed fifteen (15) calendar days in any calendar year shall be granted to not more than two (2) employees at a time to attend Union conventions or conference, without loss of benefits provided that such leave will not interfere with the Company contractual obligations to the Government.

(c) Upon written request from the Union, an employee elected or appointed for fulltime Union activity necessitating a leave of absence shall be granted such leave without pay, not to exceed three (3) years. This leave may be renewed upon written application by the Union.

(d) Maternity or Paternity leave will be granted consistent with the 1993 Family and Medical Leave Act (FMLA).

(e) Military Service Leave will be granted in accordance with the provision of the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA"). Non-War Military Duty Absence And Payment: An employee with one (1) year or more continuous service credit who is called for and performs non-war military duty will be compensated for the difference between his/her base military pay, and all other pay and allowances and the payment he/she would have received for the straight time hours he/she was thereby required to lose from his/her regular work schedule, but not to exceed ten (10) eight-hour days per year if he/she is called for training, or five (5) eight-hour days per year if he/she is called because of an emergency, computed at his/her established regular basic salary rate. Continuous service credit and duly established seniority privileges will accumulate during such leave. No combination of above service shall exceed two (2) weeks per year for compensation purposes.

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(f) Time spent on a leave of absence which exceeds thirty (30) calendar days in duration shall not count for earning of vacation or sick/personal leave. Any time on LWOP status shall not count for earning of vacation or sick/personal leave.

(g) Notwithstanding any other provisions of this Article, employees will be entitled to all rights under the 1993 Family and Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA).

(h) All accumulated paid leave must be exhausted prior to being placed on leave without pay status (LWOP), except for military service. Employees who have requested, and been granted scheduled vacation time off shall not subsequently have such vacation time revoked. However, once vacation pay is exhausted, the remainder of the prescheduled vacation time will be without pay. It is understood that for leave of absence for Union business, leave will be granted in accordance with sections (b) & (c) above.

(i) Upon return from an approved leave of absence the employee will be reinstated in former position or a substantially similar position.

(j) Seniority shall accumulate during such leaves.

(k) 30-day limit for personal reasons, 180 day limit for illness and 1 year for a worker compensation injury.

(l) Employee(s) shall not receive holiday pay for any holiday that falls during the period they are on leave without pay.

(m) Disability: The Company shall grant medical leaves of absence in accordance with the 1993 Family and Medical Leave Act (FMLA) and the Company's rules and policies.

(n) Benefits: Employees on LWOP will be financially responsible for the cost of their benefits while on leave. Employees will need to coordinate benefit payments prior to the start of their LWOP.

ARTICLE 16 JURY DUTY

The Company agrees to provide leave for all employees called to jury duty. The Company will compensate up to three (3) days per government contract per year, for jury duty. Employees may be allowed to use sick pay and/or vacation pay for absences caused by jury duty of more than three (3) days. Employees are required to provide documentary proof of jury duty service.

ARTICLE 17 SICK LEAVE

(a) Employees covered by this agreement are entitled to sick leave as they accrue it according to the guidelines set out in Addendum "B."

(b) Employees will accrue sick days of absence at the rate of 1.85 hours per pay period up to 6 days per year. These may be used as accumulated at a minimum of two (2) hours, unless taken at the end of the shift, where sick leave may be taken in one hour increments. Qualifying sick

June 27, 2013 17 leave absences of three (3) or more days requires confirming documentation from an attending physician. Sick leave may be taken for family-related medical appointments or illnesses.

(c) All unused balances up to two (2) days sick leave will be carried over from one Government contact year to the next contract year. The remainder shall be paid to all eligible employees at the end of each Government contract period, or when the employee leaves the company’s employment, whichever occurs first. Government contract period is from 1 September to 31 August.

(d) It shall be a condition of qualifying for paid sick leave benefits that employees call either their immediate supervisor or Company representative within at least one (1) hour prior to their regularly scheduled work period advising of their intention to take sick leave. Employees are required to notify their supervisor at least one (1) day in advance, unless due to illness or an emergency, of when they will be prevented from coming to work and expected duration of such leave.

ARTICLE 18 BEREAVEMENT LEAVE

(a) In the event of a death in an employee's immediate family, the employee will notify his/her Supervisor or designee to obtain approval for time off from work.

(b) All full-time employees shall be eligible for time off from their regularly scheduled work days with straight time pay for up to three (3) days paid leave. Part-time employees shall be eligible for up to three (3) days unpaid leave.

(c) Employees on any type of formal leave of absence, other than vacation, will not be eligible for "lost time wages" under the terms of this Article.

(d) Proof of death, such as a death certificate, a remembrance card, or an obituary notice, may be required by the Company.

(e) Employees may be eligible for an additional two days of unpaid leave if requested and approved before the expiration of the three-day leave. Approval of such unpaid leave shall be at the sole discretion of management.

(f) An employee will notify his supervisor to obtain approval for time off from work for the purpose of arranging or attending a funeral of a member of his immediate family.

(g) For the purpose of this section, a member of the employee's immediate family is defined as that employee's current legal spouse, child, mother, father, siblings, step siblings, grandparents, grandchildren, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, step-mother, step-father, stepchildren, foster children or domestic partner in the role of a spouse.

ARTICLE 19 VACATIONS

(a) Employees will earn vacation time off with pay for continuous years of service with the Company or successor according to the guidelines set out in Addendum "B". Vacation may be taken only after it has been accrued. Vacation may be carried over from one year to the next up

June 27, 2013 18 to a maximum of twice the employee’s annual accrual. Accrued vacation in excess of twice the annual allotment but not taken, will be forfeited.

(b) A vacation year is the twelve (12) month consecutive month period beginning with the employee's anniversary date of employment.

(c) Part-time employees are entitled to vacation on a pro-rated basis. Pay will be based on the employee's average number of part-time hours per week on the same accrual schedule as for full-time employees.

(d) Employees working any number of hours on Davis Bacon work will in no way be penalized on their accrued paid vacation time and will be entitled to the full vacation pay hours as described in this article.

(e) For use of partial day vacation, time may be taken in a minimum of two (2) hours with a minimum of one (1) days' notice, or less if approved by the Project Manager or his designated representative.

(f) Entitlement to vacation will be based on seniority as outlined above in Article 11.

(g) Between March 1 and April 30, all employees may submit a vacation request form (to be supplied by the Company). Insofar as operational requirements will permit, the Company will respect the wishes of the employee in granting vacations on dates requested by employees.

Seniority at the contract site will be given preference as to time of year for vacation. After this process, the employee will give the Company two weeks advance notice (unless an emergency) of any change for vacation periods in excess of four (4) days. In cases where such change conflicts with other employee vacation dates, the employee desiring a change must coordinate the change with the other employee.

(h) Upon termination, all unused accrued vacation will be paid.

(i) An employee may donate up to 40 accrued vacation hours to another employee that has exhausted his/her vacation hours due to a justifiable medical or family/personal emergency situation. This donation of vacation hours must be documented in writing, designating the number of hours and to whom these hours will be donated. The document must be signed, dated, and presented to and approved by the Human Resources Manager.

ARTICLE 20 HOLIDAYS

(a) The following holidays will be paid for at the basic straight time hourly rate of pay not to exceed the number of hours of their regular shift. For purposes of determining standby pay on holidays, holiday hours will be considered as hours worked.

New Year's Day Martin Luther King Day

Presidents Day Memorial Day

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Fourth of July Labor Day

Columbus Day Veteran's Day

Thanksgiving Day Christmas Day

(b) All rules and regulations regarding Holidays shall be set out in the Company's rules and policies, which shall be provided to the Union.

(c) If the employer finds it necessary to substitute an above listed holiday the employee may designate the substitute day, with supervisions approval.

(d) Employees performing Standby on a Holiday who are called out to work, will be paid overtime pay…