Atch_6._Collective_Bargaining_Agreements_&_Wage_Determinations_21_March_2017.pdf

Integrity Management Services, Inc.

MacDill AFB, FL

ADDENDUM

WHEREAS, Integrity Management Services, Inc., (hereinafter referred to as the "Employer") and the Industrial, Technical and Professional Employees Union, OPEIU Local 4873, AFL-CIO, (hereinafter referred to as the "Union") have entered into an Agreement effective May 1, 2014 and

WHEREAS, the Union has been duly designated by the Employer's non-supervisory janitorial employees at MacDill AFB HOSPITAL, FL, as their collective bargaining representative, and

WHEREAS, the aforementioned Agreement provides for the Employer and the Union to negotiate wages and fringe benefits for the above-named facility, and to enter into an Agreement setting forth those economic terms.

NOW, THEREFORE, it is hereby agreed as follows:

WAGES

EFFECTIVE

CURRENT OCTOBER 1, 2016

Hospital Aid $13.83 $14.38

Lead Worker $14.46 $15.04

HEALTH AND WELFARE

CURRENT:

The Employer shall contribute to the ITPEU Health and Welfare Plan the sum of four dollars and fifty cents ($4.50) per hour for all straight time hours worked plus all hours of paid vacation, holidays and sick leave, for each and every employee covered by this Agreement.

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

The Employer further agrees to be bound by any other actions taken by the Board of Trustees of the ITPEU Health and Welfare Fund.

EFFECTIVE OCTOBER 1, 2016:

The Employer shall contribute to the ITPEU Health and Welfare Fund the sum of four dollars and fifty-five cents ($4.55) per hour for all straight time hours worked plus all hours paid for vacation, holidays and sick leave, for each and every employee covered by this Agreement.

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

The Employer further agrees to be bound by any other actions taken by the Board of Trustees of the ITPEU Health and Welfare Fund.

FAMILY MEDICAL LEAVE ACT

The Employer shall comply with applicable laws and regulations regarding the Family Medical Leave Act.

PENSION

CURRENT:

The Employer shall contribute to the ITPEU Pension Fund the sum of one dollar and five cents ($1.05) per hour for all straight time hours worked plus all hours paid for vacation, holidays and sick leave, for each and every employee covered by this Agreement.

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

The Employer further agrees to be bound by any other actions taken by the Board of Trustees of the ITPEU Pension Fund.

EFFECTIVE OCTOBER 1, 2016:

The Employer shall contribute to the ITPEU Pension Fund the sum of one dollar and fifteen cents ($1.15) per hour for all straight time hours worked plus all hours paid for vacation, holidays and sick leave, for each and every employee covered by this Agreement.

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

The Employer further agrees to be bound by any other actions taken by the Board of Trustees of the ITPEU Pension Fund.

VACATION

CURRENT AND EFFECTIVE OCTOBER 1, 2016:

After one (1) year of service, two (2) weeks of vacation.

After five (5) years of service, three (3) weeks of vacation.

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

Length of service includes the whole span of continuous service with the present (successor) contractor, wherever employed, and with predecessor contractors in the performance of similar work at the same Federal facility.

All vacations will be paid out to all employees in the pay period in which the vacation is earned.

HOLIDAYS

1. New Year's Day 6. Labor Day

2. Martin Luther King, Jr.’s Birthday 7. Columbus Day

3. President's Day 8. Veterans' Day

4. Memorial Day 9. Thanksgiving Day

5. Independence Day 10. Christmas Day

11. Employees Birthday

SICK LEAVE

Sick leave shall accrue at the rate of one (1) paid sick day per month up to a maximum of two hundred forty hours (240). There will be no payout on sick leave.

JURY DUTY

CURRENT AND EFFECTIVE OCTOBER 1, 2016:

Employees who are called for jury duty and serve as jurors on regularly scheduled work days shall be paid the difference between the amount received for such services and their basic hourly earnings, not to exceed eight (8) hours per day, or forty (40) hours in any one (1) week, up to a maximum of ten (10), eight (8) hour days per contract year and provided they have passed their probationary period.

To be eligible for jury duty payment, the employee must give notice of his summons to the Employer as soon as possible, provide adequate proof of dates and time served and compensation received, and state that he did not volunteer for jury duty.

In no event will payment be made for jury duty performed on a contract holiday or on the Saturday and Sunday of an employee's regular assigned work week, nor will the Employer pay an employee for time lost in court when the employee is a party to the action, or for Union business.

BEREAVEMENT LEAVE

The employee will be paid Bereavement Leave from the unused Sick Leave earned by the employee.

WASH & WEAR UNIFORM

CURRENT AND EFFECTIVE OCTOBER 1, 2016:

As specified in the National Agreement, Article XXV: The Employer shall provide three (3) initial wash and wear uniforms for each employee to wear. One (1) additional new wash and wear uniform shall be provided to each employee, without cost, every twelve (12) months. The employees shall launder and maintain their uniforms at their own expense.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement this ______ day of ___________________ , 2016.

FOR THE UNION: FOR THE EMPLOYER:

Industrial, Technical and Professional Integrity Management Services, Inc.

Employees Union, OPEIU Local 4873, AFL-CIO

Luis Cruz Raul Torres ITPEU Representative President

NATIONAL SERVICE CONTRACT AGREEMENT

BETWEEN

LABORERS' INTERNATIONAL UNION OF NORTH AMERICA

AND

KENTUCl<Y BUILDING MAINTENANCE, INC.

EFFECTIVE; 08/01/16

TABLE OF CONTENTS

t',RTICLE NUMBER PAGE

ARTICLE I Purpose and Scope 1 ARTICLE II Union Recognition 1 ARTICLE Ill Union Security 1 ARTICLE IV Check-Off 2 ARTICLEV No Discrimination 3 ARTICLE VI Union Representation 3 ARTICLE VII Discharge or Suspension 3 ARTICLE VIII Grievance Procedure & Arbitration 6 ARTICLE IX Seniority 6 ARTICLEX Promotions 7 ARTICLE XI Leave or Absence 7 ARTICLE XII Wages 9 ARTICLE XIII Shift Scheduling, Basic Workweek and

Hours or Work 9 ARTICLE XIV Show Up and Reporting Time 10 ARTICLE XV Emergency Response Roster 10 ARTICLE XVI Overtime 11 ARTICLE XVII Holidays 11 ARTICLE XVIII Vacations 12 ARTICLE XIX Sick Leave 13 ARTICLE XX Funeral Leave 14 ARTICLEXXI Health and Welfare 14 ARTICLE XXll Pension 15 ARTICLE XXlll Hiring of Employees 15 ARTICLE XXIV Wash and Wear Uniforms 16 ARTICLEXXV Training 16 ARTICLE XXVI Miscellaneous 16 ARTICLE XXVll No Strikes - No Lockouts 17 ARTICLE XXVlll Invalidity 17 ARTICLE XXIX Health and Safely 17 ARTICLEXXX Physical Examination 17 ARTICLE XXXI Drug and Alcohol Abuse, Prevention & Detection 18 ARTICLE XXXll Management Clause 18 ARTICLE XXXlll Reopener Clause for Local Wage Addenda 19 ARTICLE XXXIV Successors and Assignees 19 ARTICLE XXXV Erreclive Date and Durallon 20

Signature Page 20 Addendum B 21

THIS AGREEMENT made and entered into this 1sr day of August 2016 by and between l<ENTUCl<Y BUILDING MAINTENANCE INC. hereinafter referred to as the Employer), and the LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, and its affiliated LOCAL UNIONS (hereinafter referred to collectively as "the Union").

ARTICLE!

PURPOSE AND SCOPE

It is the intent and purpose of the parties hereto to set forth herein the basic agreement covering wages, hours of work and conditions of employment to be observed between the parties hereto, and to provide procedures for prompt, equitable adjustments of alleged grievances to the end that there shall be no work stoppages, stril<es or lockouts during the life of this Agreement.

ARTICLE II UNION

RECOGNITION

Section I The Employer recognizes the Union as the sole exclusive collective bargaining representative of all employees of the Employer at covered locations, except managers, supervisors and guards as defined under the National Labor Relations Act, with respect to wages, hours and all other terms and conditions of employment.

Section 2 At such time as a majority of the employees of the Employer at a location not covered by this Agreement, which Is not an accretion to any existing bargaining unit, designates the Union as their collective bargaining representative, as evidenced by a card check, they shall be covered by this Agreement,. The effective date of Addendum A is determined In negotiations between the Union and the Employer. Should a dispute arise between the parties with reference to the card check, either party may refer such dispute to the arbitration procedure contained in the Agreement.

Section 3 Employees in a unit that is an accretion to an existing bargaining unit shall be covered by this Agreement, including the applicable Addendum A.

ARTICLE Ill

UNION SECURITY

Section 1 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 the Agreement, or not later than the thirty first (31st) day after the effective date of this Agreement. New employees hired hereafter shall, as a condition of employment, become members of the Union no later than the thirty first (31st) day of their employment.

Membership means that payment of an amount of money equal to the Local Union's regular and uniformly imposed iniliation fees and dues. Failure to comply with this requirement shall result in discharge of the employee upon written notification to the Employer by the Union, that an employee has failed to tender the appropriate dues and fees uniformly imposed upon all employees In the bargaining unit.

Section 2 The foregoing provision shall not apply in any state to the extent that it may be prohibited by state law. However, the Union is required under this Agreement, to represent all of the employees in the bargaining unit, fairly and equally, without regard to whether or not an employee is a member of the Union. The terms of this Agreement have been made for all employees in the bargaining unit and not for members of the Union only. Accordingly, it is fair and equitable that each employee in the bargaining unit assumes his/her fair share of meeting the Union's cost and expenses in performing its duties, as the exclusive bargaining representative.

Section 3 When work covered by this Agreement is to be performed upon property of the United States Government (as to which the provisions of any state's "right-to-work" laws are Inapplicable), Section 1 shall apply for the duration of such work.

Section 4 In the event that in any or all of the states described in Section 2 of this Article, a decision or action of the United States Congress, State Legislature, or a court or administrative board of competent jurisdiction shall make the "Union Shop" or "Agency Shop" a lawful practice, the same shall become operable Immediately and shall apply to all present and future employees.

Section 5 The Union agrees to indemnify the Employer for any costs, including legal fees, or liability incurred as a result of the Union's implementallon and enforcement of the provisions of this Article.

ARTICLE IV

CHECKOFF

Section 1 The employer agrees to honor check-off cards, signed by Individual employees, which authorizes the Employer to deduct from the employee's paycheck each month, the union dues, lawful fees & assessments as certified by the Union and contributions, and remit same within twenty (20) days, to the Secretary-Treasurer of the appropriate Local Union. The Union agrees that In the event of any change in the Union's dues structure, it will notify the Employer twenty (20) days prior to the first (1 •1) pay period of the following month. The Employer will furnish the Union with the names and addresses of all newly hired employees.

Section 2 The Employer agrees to deduct and transmit to the Laborers' Political League, five cents ($.05) for each hour worked from the wages of those employees who have voluntarily authorized such contributions on the forms provided for that purpose by the Union.

The transmittals shall occur monthly and shall be accompanied by a list of names of those employees for whom such deductions have been made, and the amount deducted for each such employee.

The Laborers' International Union of North America agrees to indemnify and hold harmless the Employer from any and all claims, actions and/or proceedings arising out of these deduclions.

ARTICLEV

NO DISCRIMINATION

Neither the Employer nor the Union shall discriminate against, or in favor of, any employee on account of race, color, creed, national origin, political belief, sex, age (over 40), veterans status or disability as defined by law, or, because any employee exercised his/her rights under any federal or state law. All Employer policies, rules and interpretations of this· Agreement shall be applied equally to employees in the bargaining unit.

ARTICLE VI

UNION REPRESENTATION

Section 1 The number and need of stewards shall be determined by the Union and appointments thereof will be made by the appropriate Business Manager. The Union agrees to limit the number of stewards to a maximum of one (1) per shift where possible.

Section 2 The Local Union shall supply the contractor in writing and shall maintain with the contractor on a current basis, a complete list of all authorized stewards, together with the designation of the group of employees each is authorized to represent.

Section 3 The Employer agrees to recognize the officers and duly designated representatives of the Local Union and shall be kept advised, in writing, by the Local Union of the names of its officers and representatives.

Section 4 The Employer agrees that in the event it plans to transfer a steward, officer, or representative from one work shift and/or shop to another, it will inform the Local Union five

(5) days prior to taking such action.

Section 5 Authorized agents of the Union shall have .access to the Employer's establishment during working hours for the purpose of adjusting disputes, investigating working conditions, collection of dues, and ascertaining that the Agreement is being adhered to, provided, however, that advance notice be given so that such visits do not unduly interfere wilh the Employer's operation. All visits are subject to Government regulations.

Section 1

ARTICLE Vil

DISCHARGE OR SUSPENSION

An employee shall be subject to immediate discharge for the following reasons:

(a) Dishonesty, which includes, but is not limited to, misuse of time cards, time clock, or time sheets.

(b) Intoxication during working hours.

(c) Use, possession, and/or distribution of drugs, or being under the influence of drugs during working hours.

(d) Fighting while on the premises.

(e) Deliberate property damage or other such gross misconduct.

(I) Not reporting to work for three (3) consecutive workdays, without notifying the Employer.

(g) Not repotiing to work at the end of an authorized leave of absence.

(h) Any false statement made on the application for employment, or to the medical examiner with the intent to deceive.

(i) Unauthorized possession of firearms or explosives wilhin facilities.

(j) Employees restricted by the Government from entering the Government installation.

(k) Violence toward or Harassment of other Employees/Managers, Military Personal, and/or Medical Treatment Facility Staff. (Note l<BM's Zero Tolerance Policy in effect.)

(I) Opening doors or providing access to building rooms/areas other than to authorized l<BM employees. (See PWS page 25, section 2.1.25.2)

Section 2 Other than reasons identified above in Section 1, the Employer shall not discharge any employee without just cause and with respect to any such discharge, the Employer shall give at least one (1) warning notice to the employee of any complaint against such employee, in writing, and a copy of the same to the Local Union. Once warning notices become twelve (12) months old, said notice shall be voided and not be operative in the future.

For purposes of the disciplinary procedure set forth in Section 3 of this Article, complaints against an employee need not be for similar reasons.

Section 3 The following shall constitute the Employer's rules and regulations which the employees shall be required to follow and conduct in which employees may not engage:

(1) Gambling, including games of chance, operation of pools, lotteries, etc.

within the facilities.

(2) Immoral conduct or indecency on the premises.

(3) Insubordination or refusal or intentional failure to perform assignment, and failure to respond to emergency response procedure after duty hours.

(4) Vending, soliciting, or collecting contributions for any purpose whatsoever, at any time on the premises, unless authorized.

(5) Excessive absenteeism, tardiness, and abuse of sick leave

(6) Failure to perform work assigned to prescribed standards.

(7) Failure to report to place of work after punching time clock or signing in.

(8) Employees shall not wash up or change clothes until their equipment is cleaned and stored. Employees shall not leave the premises before the end of their scheduled workday.

(9) Leaving assigned work area without notifying the Supervisor during regular working hours, except for unpreventable situations.

(10) Creating or contributing to unsafe working conditions

(11) Smoking, drinking soda or coffee in unauthorized areas on Company time

(12) Sleeping on the job.

(13) The use of abusive language to Supervisor or fellow employees.

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

(a) First Offense:

Written warning and counseling

(b) Second Offense, within any twelve consecutive month period:

One (1) day suspension

(c) Third Offense, within any twelve consecutive month period:

Dismissal, or three (3) day suspension, at the Employer's discretion

(d) Fourth Offense, within any twelve consecutive month period:

Dismissal, or five (5) day suspension, at the Employer"sdiscretion

(e) Fifth Offense, within any twelve consecutive month period:

Dismissal

Section 4 Discharge or suspension must be by proper wrllten notice to the employee, shop steward, and a copy mailed to the Local Union affected.

Section 5 _Pursuant to the Worker Adjustment and Retraining Notification Act (Title 29 U.S. Code, Section 2103), the parties understand that all employees have been hired by the Employer to fulfill the Employer's service contract with the U.S. Government, therefore limited to the duration of the Employer's undertaking. It is further understood that the employees' employment by KENTUCKY BUILDING MAINTENANCE, INC. will terminate upon completion of the service contract if the service contract is not renewed.

ARTICLE VIII

GRIEVANCE PROCEDURE AND ARBITRATION

Section 1 The parties to this Agreement, In the interest of resolving all disputes, complaints or grievances, in connection with the Interpretation or application of the terms of this Agreement, have settled upon the following orderly and peaceful procedures:

Step One: The employee shall promptly report to his/her steward any complaints, disputes or grievances, which he/she believes, require adjustment. The steward designated by the Union, shall have three (3) working days to promptly investigate to ascertain whether the complaint has merit and report the results thereof to the Union Business Manager. The Union shall be the sole judge as to the validity of any grievance and in the event the Business Manager believes the grievance has merit, he/she shall promptly attempt to resolve the dispute with the Employer's Supervisor, within three (3) working days after notice thereof. If the dispute is not resolved, within that period of time, the matter shall be referred in writing by the Union to Step Two, within ten (1 O) days. If the matter Is not referred within ten (10) days, the matter shall be closed. Such meeting may be by telephone at the request of either party.

Step Two: The Union Business Manager shall refer the matter In writing, to the General President of the International Union or his designee, with a written copy delivered to the Employer. The International Union designee and the Employer representative will then meet in an effort to settle the grievance. If no satisfactory settlement is arrived at by these parties within ten (10) working days, either party may, within ten (10) additional working days, refer the matter to Step Three, Arbitration. Prior to Arbitration, the Employer or the Union may request by mutual agreement, Mediation through the Federal Mediation and Conciliation Service. The General President of the International Union, or his designee, shall have full authority to determine whether or not the Union wishes to process the grievance into Step Three, Arbitration. If the matter is not referred to Step Three by either party within the five additional working days, the matter shall be considered closed.

Step Three:

Section 1 The party invol<ing the provision of Step Three shall call upon the Federal Mediation and Conciliation Service (FCMS) to supply both the Employer and the Union with a list consisting of at least three (3) and not more than five (5) individuals who would serve as Arbitrator. The parties may then invoke the usual procedures to strike off objectionable names. The decision of the Arbitrator shall be final and binding upon both parties. The cost of such arbitration shall be shared equally by both parties.

Section 2 The parties may, by mutual consent, select a mutually acceptable neutral to act as a temporary or permanent Arbitrator for disputes arising under the terms of this Agreement.

ARTICLE IX

SENIORITY

Section 1 The Employer recognizes seniority for all employees who have been continuously employed, based upon the length of continuous service, with previous, present and succeeding Employers, according to the Employer's and tile Union's records.

Seniority is an important factor to be considered by it in shift assignments, promotions, demotions, lay- offs, and recalls after lay-offs within the unit. However, the Employer may also consider efficiency and capability, provided that when these factors are approximately equal, seniority shall prevail.

Section 2 A break in seniority shall occur in the following events:

(a) If an employee quits.

(b) If an employee is discharged for cause.

(c) Not reporting to work, without notifying the Employer for three (3) consecutive workdays. ·

(d) If an employee is laid off for more than six(6) months.

(e) If an employee leaves due to military TOY assignment.

(~ If an employee does not return to work at the end of an authorized leave of absence.

Section 3 The Employer shall supply the Union wllh an up-to-date seniority list on the effective date of this Agreement and at the start of each contract year under the Employer's contract with the Activity, every six (6) months thereafter, and at the termination of the Employer's contract with the Activity.

Section 4 Every new (non-seniority) employee hired by the Employer shall be on probation for a period of thirty (30) calendar days and during this probationary period, an employee may be dismissed for any reason. Any employee so dismissed, shall not have a right to invoke the grievance and arbitration procedure of this Agreement.

ARTICLEX

PROMOTIONS

Section 1 When the Employer determines that a vacancy exists in a classification covered by this Agreement, a notice of the vacancy shall be posted for a period of three (3) calendar days in the normal posting locations. Any employee in the bargaining unit shall be permitted to sign the notice indicating his/her desire to be selected for the position.

Section 2 In effecting a promotion, the Employer will first give consideration to employees In the unit and selection will be made there from unless an outside applicant is clearly better qualified.

ARTICLE XI

LEAVE OF ABSENCE

Section 1 - Personal Leave of Absence A leave of absence without pay for reasonable cause as determined by the Employer, or for Union activities, will be granted for a period up to ninety (90) calendar days, with written approval of the employee's Supervisor at least fifteen (15) days in advance of such leave of absence, provided the employee can be spared from his/her regularly assigned job duties.

Such leaves of absence may be extended for good cause, shown upon written approval of the Employer.

Employees who are away for a period longer than the term of the leave of absence, or who accepts employment elsewhere without permission of the Employer during such leaves of absence, shall be considered to have voluntarily terminated their employment with the Employer.

Leave of absence shall not cause a change in seniority date. However, there shall be no accrual of benefits and no holiday pay for any holiday, which falls during the period they are on leave without pay. Employees on leave of absence without pay, which extends beyond ninety (90) days, shall not receive any accrued vacation for that period.

Section 2 - Military Leave of Absence

(a) The Employer and the Union agree to abide by the provisions of the Uniformed Services Employment and Reemployment Rights Act (USERRA).

(b) 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 Supervisor immediately upon receiving notifications of training period or other obligations requiring a military leave of absence.

Employees may elect to use earned vacation benefits (if eligible) during periods of military service.

(c) Active military personnel shall not be granted any leave of absence for any military TOY assignments by their military agency. Per Article IX, Section 3(e), an employee leaving his/her work due to a TOY assignment, shall lose his/her seniority rights.

Section 3 • Other Leaves of Absence A leave of absence without pay for Injury or sickness, death in the immediate family, or extreme hardship for an employee or any member of his/her immediate family, will be granted in accordance with applicable law. If no law applies or is less favorable, a leave of absence without pay for injury or sickness, death in the immediate family, or extreme hardship for an employee or any member of his/her immediate family, will be granted for a reasonable period up to ninety (90) calendar days. An employee desiring a leave of absence from his/her employment shall secure written permission from the Employer with a copy mailed to the Union.

The Employer may require medical proof of illness or Injury, and reasonable evidence of death or hardship. The mciximum lecive of cibsence shall be for ninety (90) days unless additional leave Is required by Jaw. Leave of absence shall not cause ci change in seniority date. However, there shall be no accrual of benefits during a leave of absence. Leave of absence for maternity shall be granted in accordance with applicable law.

Section 4 - Medical Treatment The Employer provides Worker's Compenscition coverage for employees who sustain an injury or contract a sickness covered by Worker's Compensation. The Employer will pay the injured or sick employee the hours worked by his/her crew on the date of his/her injury or sickness.

ARTICLE XII

WAGES

Employees shall be paid wages, shift premiums and fringe benefits in accordance with the schedule of wages identified as Addendum A for each location.

ARTICLE XIII

SHIFT SCHEDULING, BASIC WORKWEEK & HOURS OF WORK

All employees shall be assigned to work In accordance with the hours of work and shifts determined by the Employer and identified as Addendum A for each location.

Section 1 ·Workweek The regular workweek for all employees shall begin at 12:01 am on Thursday and end at 12:00 midnight on Wednesday. The Employer will make eve1y effort in scheduling to ensure that no employee works more than seven (7) consecutive days. Due to the inconsistent tasks and scheduling required by the contracting agency, the Union recognizes that it is impossible lo place all of the Employer's employees on a thirty-three and half (33.5) hour workweek.

Therefore, the Employer agrees to place as many employees as possible on a thirty-three and half (33.5) hour, five (5) days per week schedule.

Section 2 • Days Off Each full time employee shall have two (2) scheduled days off in each regular workweek. The Employer must notify the affected employee at least two (2) calendar days in advance of any change in regular "scheduled days off'. Where employees are required to maintain continuous operation of departments or assignments, days off may be fixed or rotated consistent with the requirements of the service. The Employer will make every reasonable effort to arrange work schedules so that a maximum number of employees will be off duty on Saturdays and Sundays, consistent with operational requirements.

Section 3 - Shifts Shifts for all regular employees shall be established as follows:

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

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

(c) Emergency Discontinuance of Operation In the event of any emergency (e.g., severe weather conditions) requmng the discontinuance of the Employer's operations, employees wlll 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 applies to the operation of the military installation The employer shall not be required to pay wages unearned by employees as a result of such discontinuance of operation.

(d) There shall be a ten (10) minute rest period during the first half of each employee's shift providing their 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.

(e) No employee shall be required to work more than four (4) hours without a lunch period.

Meal periods shall be a minimum of one half (1/2) hour and a maximum of one (1) hour, as determined by the Employer and shall be without pay.

(Q 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.

ARTICLEXtV

SHOW UP AND REPORTING TIME

Any employee reporting for work at the regular starting time when he/she has not been notified not to report and for whom no work is provided, shall receive two (2) hours pay at his/her regular hourly rate. Any employee repo1iing for work at the regular starling time, and who is placed at work, shall be paid for no less than four (4) hours at his/her regular rate, even though four (4) hours have not been worked. If more than four (4) hours are worked in any one (1) shift, an employee shall receive pay for actual hours worked. Any employee called in outside his/her regular working hours, or on his/her scheduled day(s) off, shall be guaranteed a minimum of three (3) hours' pay at the regular rate.

ARTICLE XV

EMERGENCY RESPONSE ROSTER

To provide a system to support "Emergency Response" capability of a small number of personnel after normal duty hours, the following "Recall Rosie!" will be developed. The "Recall Roster" will be formulated for a period of one (1) month. Six (6) employees will be selected and placed on the roster. The Director of Housekeeping, supeNlsory persons, including Group Leaders will be excluded.

A recall roster will be made using all employees except the Director of Housekeeping, Assistant Director of Housekeeping, Clerk and supeNisory persons including Group Leaders.

The remaining employees will be place on a monthly recall register so that four - five (4-5) employees are listed each month. Each of the employees will be first call for one week of the month. Employees who are not assigned a week will be the first called if the assigned person cannot be reached for any reason. The recall roster will be updated for terminations, illness and vacations.

(1) The SupeNisory persons, including Group Leaders, will be the specific person to start the recall system. Should he/she be unavailable, the CO will be advised of the name of the alternate

(2) All personnel who are on duty during normal duty hours are responsible to respond within ten (10) minutes from initial MTF staff notification (reference PWS, paragraph 2.1.14.2).

(3)

(4)

(5)

(6)

For the purpose of this recall roster procedure, emergency response that is outside the contractor's normal duty hours will begin within one (1) hour from initial MTF staff notification

Should an individual be recalled for any emergency response requirement, that individual is excluded from being recalled again during the period covered until all others have been recalled once the next person on the list and others would be contacted first.

In the event an employee who is on the monthly "Recall Roster'' cannot respond, i.e.:

termination of services, illness, etc., the Supervisory persons, including Group Leaders will change the roster to add a replacement candidate and telephone number.

Placement of employees on the monthly recall roster will rotate amongst the employees. Employees who are on vacation or a leave of absence will not be placed on the roster.

ARTICLE XVI

OVERTIME

Overtime shall be paid at the rate of one and one half (1-1/2) times the straight hourly rate.

Overtime shall be defined as all work pe1formed in excess of forty (40) hours in any workweek. In calculating the number of hours worked in any workweek, hours paid but not actually worl<ed such as holidays, vacation, etc., will not be counted

The Employer will distribute overtime work as is necessary, and as fairly as possible between employees affected by such overtime work.

ARTICLE XVII

HOLIDAYS

Section 1 Employees shall be entitled to the number of paid holidays as identified In Addendum A covering their location. Any employee who is absent or fails to work the employee's full schedule of hours without an acceptable excuse on the scheduled workday immediately preceding, andfor the scheduled workday immediately following a holiday, shall forfeit his/her right to be paid for such holiday. If an employee is prevented from working on the workday immediately preceding or1heworkday immediately following a holiday because of illness attested to by a physician, or death in his/her immediate family, such fact shall constitute an acceptable excuse. (Immediate family shall include those listed in Article XX, Funeral Leave.)

Section 2 The holidays as listed below will be observed as non-work days. Whenever such holidays fall on a Saturday or Sunday and the Employer does not normally operate on such days, the closest workday shall be deemed to be the holiday or as celebrated by the government Medical Treatment Facility.

(1) New Year's Day

(2) Martin Luther King's Birthday

(3) President's Day

(4) Memorial Day

(5) Independence Day

(6) Labor Day

(7) Columbus Day

(8) Veterans Day

(9) Thanksgiving Day

(10) Christmas Day

In locations where there are more than ten (10) holidays, the additional holidays shall be personal days.

Section 3 Employees working on a holiday within their basic workweek, (40 hours or less) will receive pay for the hours they work, plus a regular day's pay in lieu of the day off.

Section 4 Employees working on a holiday beyond their basic workweek, meaning a sixth (6th) or seventh (7th) day, shall receive pay for the hours they work plus a regular days pay in lieu of the day off.

Section 5 If one (1) of the aforementioned holidays falls within an employee's scheduled vacation, such employee shall receive one (1) additional day of paid vacation.

Section 6 In order for an employee to be entitled to receive pay for holidays not worked, he/she must have been an employee of the company for sixty (60) days.

ARTICLE XVIII

VACATIONS

Section 1 Employees shall receive paid vacation on their anniversary date as identified in Addendum A covering their location. Vacation shall not be paid or earned on a pro rata basis, or during a period of lay-off. Vacation pay shall be figured on the basis of the employee's normal workweek. Vacation will be paid when vacation is taken or used.

Section 2 The Employer shall offer the employees the opportunity to request their vacation in advance for approval. This vacation schedule shall be approved no later than January 31 of each year. In the selection of vacations, the employee's seniority shall be the determining factor. Once the vacation schedule Is completed and approved, it cannot be arbitrarily changed by the Employer. Employees shall not be required to schedule their vacation in advance, as stated above, but when getting unscheduled vacation approved at a later date, it must be understood that approved vacations on the vacation schedule shall be recognized first in cases where an employee is requesting the same days off as another employee who has prior approval. Vacations must be used Within the twelve (12) months following the employee's anniversary date.

Section 3 Notwithstanding that an employee is otherwise entitled to a vacation, and has qualified for same, he/she forfeits all vacation pay or privileges if prior to taking his/her vacation, he/she quits without giving the Company one (1) week's written notice of his/her intention to quit. He/she also forfeits his/her vacation pay or privileges if he/she fails to report to work for three (3) consecutive workdays without notice to the Employer. This is grounds for removal for cause pursuant to Article VII, Section 1.

Buckley AFB- PAID TIME-OFF (PTO)

Section 1 Each employee of the Employer covered by this Agreement shall accrue paid time off ("PTO") as identified in the Addendum A and as follows:

Section 2 PTO will accrue bi-weekly the following annual rates: ten (10) days after one

(1) year; fifteen (15) days after five (5) years; and twenty (20) days after fifteen (15) years

Section 3 Employees will make their requests for PTO (vacation) preference by January 31st each year. Employees with the most seniority shall be given first choice and should a conflict in scheduling arise, seniority shall prevail during this time. Employees who do not give notice of their intended PTO by January 31st will waive their seniority right to preference. As a consequence, they cannot displace a junior employee on the PTO schedule. Management will notify the employee if there is a problem with scheduling that would interfere with the efficiency of operation of the Employer.

Section 4 Employees may schedule PTO ten (10) working days in advance to coincide with efficiency of operation of the Employer. After January 31s1, conflicts in PTO scheduling are resolved on a first come, first served basis.

Section 5 The rate of pay for PTO shall be the regular base rate of the primary job function.

Regular base rate of the primary job function is defined as the base of the primary function of the individual employee.

Section 6 If illness or accident preventing work occurs prior to, and extends into an employee's scheduled vacation, the vacation shall be postponed and another period assigned.

Section 7 Any question or difference as to the amount of PTO or the definition and application of seniority should be discussed wilh an employee's supervisor. .

Section 8 The Employer shall give each employee a notice in wriling indicating the employee's earned and unused PTO, if requested by eilhe1· the Union or employee. PTO will be utilized for sick leave and employees will not be unreasonably denied immediate use for use as sicl< leave. Siok PTO taken the day before/after a holiday will require a Doctor's note in order to receive holiday pay. (Article XVII, Section 1)

ARTICLE XIX

SICK LEAVE

Section 1 Employees shall be entitled to sick leave with pay at the employee's regular straight time rate, as identified In Addendum A covering their location. All employees will be allowed two (2) sick days per year without proof of illness, thereafter all sick leave must have proof of illness. The two (2) sick days that do not require proof of illness will accrue each year on the employee's anniversary date.

Sick leave shall be earned by part-time employees on a pro rata basis compared to a full time (33.5 hour/week) employee. For employees who work an irregular schedule of weekly hour which is dependent upon workload (as agreed to by signatories to the agreement), sick leave shall be figured on the basis of the average hours worked each week in the previous twelve (12) months of employment or other representative period if the employee has not been employed for twelve (12) months at the time sick leave begins to accrue.

Section 2 No sick leave pay shall be paid for less than one half (1/2) day. Employees who are absent due to illness for one-half or more than one-half their normal work day will receive regular pay for hours worked and one half (1 /2) day sick pay. If an employee works more than one half (1/2) day, the employee shall only be paid for hours worked and will receive no sick leave pay. The Employer will require medical proof of illness for absences as described in Section 1. There shall be no cash payment for unused sick leave.

ARTICLE XX

FUNERAL LEAVE

Funeral leave as identified in Addendum A. shall be recognized as follows: An employee who has death in his or her immediate family, defined as his or her, Parent, Stepparent, Spouse, Children, Step Children, Grandparent, Grandchild, Sibling or a member of his or her immediate family through adoption or guardianship, shall be paid up to and including three

(3) days pay at their regular rate for time missed within one (1) week of the funeral. The Employer reserves the right to request proof of relation and/or death.

ARTICLE XX!

HEAL TH AND WELFARE

The Employer shall contribute for each hour for which an employee covered by this Agreement is entitled to pay an amount as set forth in Addendum A to the Laborers' National Health and Welfare Fund in accordance with Addendum B to this Agreement.

Bucldey AFB· The Employer shall contribute for each hour for which an employee covered by this Agreement is entitle to pay an amount as set forth In Addendum A to the Colorado Laborers' Health & Welfare Trust Fund in accordance with Addendum B to this Agreement.

The Employer and the Union hereby adopt the Agreement and Declaration of Trust establishing said Fund, a copy of which has been provided to each, and agrees to comply therewith.

For those employees who work less than 72 hours per month and have not worked sufficient hours to meet the initial eligibility requirements of the Colorado Laborers' Health and Welfare Plan, the Employer is not required to make contributions to the Health and Welfare Plan as specified in Addendum A. Instead, the Employer shall make contributions on behalf of these employees to the Colorado Laborers' Pension Fund al the rate specified in Addendum A to the Pension Fund plus the rate specified in Addendum A for Health & Welfare Fund. This paragraph does not affect any other contribution that is required to be made by the Employer to any other Funds as specified in Addendum A.

The Employer shall mal<e contributions to the Health & Welfare Fund as specified in Addendum A for those employees who are currently eligible for coverage under the Health and Welfare Plan.

Once an employee's coverage under the Health and Welfare Plan terminates, the Employer shall continue to mal<e contributions to the Health and Welfare Plan for any hour of work performed by the employee at the rate specified in Addendum A through the last month in which the employee fails to work sufficient hours to meet the reinstatement of eligibility requirements under the Health and Welfare Plan. Once an employee fails to be reinstated, he shall be treated as an employee In the preceding paragraph with respect to contributions for Health and Welfare Fund and the Pension Fund. This paragraph does not affect any other contribution that is required to be made by the Employer to any other Funds as specified in Addendum A.

ARTICLE XXll

PENSION

The Employer shall contribute for each hour for which an employee covered by this Agreement is entitled to pay an amount as set forth in Addendum A to the Laborers' International Union of North America National (Industrial) Pension Fund in accordance with Addendum B to this Agreement.

Buckley AFB- The Employer shall contribute for each hour for which an employee covered by this Agreement is entitle to pay an amount as set forth In Addendum A to the Colorado Laborers' and Professional Service Employees' Pension Plan in accordance with Addendum B to this Agreement. The Employer and the Union hereby adopt the Agreement and Declaration of Trust establishing said Fund, a copy of which has been provided to each, and agrees to comply therewith.

ARTICLE XXlll

HIRING OF EMPLOYEES

Section 1 The Employer agrees that It will contact the Union office and give the Union an opportunity to furnish all classes of employees covered by this Agreement. If the Union cannot supply the needed personnel within forty-eight (48) hours, the Employer may obtain applicants from any and all sources for the particular requirement. The Union shall endorse any requirements for hiring employees who would be trainees under federal controls (WINS). The Union also recognizes that the Employer is required to notify the State Job Service of openings. Selection of applicants for referral to or for employment on jobs shall be on a non-discriminatory basis and shall not be based on, or in anyway affected by Union membership, bylaws, rules, regulations, constitutional provisions or any other obligation or aspect of Union membership, policies or requirements. The Union will accommodate any hiring requirements imposed on the Employer by federal or state laws and regulations.

Section 2 The Employer will furnish the Union with the names and addresses of all newly hired employees.

Section 3 When the Employer is awarded a new service contract for work covered by a collective bargaining agreement between a predecessor contractor and the Laborers' International Union or its affiliate, the Employer agrees to interview the necessary number of employees of the predecessor contractor required for Service Contract performance, Article XXXI, Management Clause, shall apply to the selection of employees.

ARTICLE XXIV

WASH AND WEAR UNIFORMS

The Employer shall provide three (3) initial wash and wear uniforms, which it requires the employees to wear. One (1) additional new wash and wear uniform shall be provided to each employee, without cost, every twelve (12) months. The employees shall launder and maintain their uniforms at their own expense.

ARTICLEXXV

TRAINING

The Employer shall contribute for each hour for which each employee covered by this Agreement is entitled to pay, to the Laborers-Employers Service Contract Education and Training Trust Fund at the rate set forth in Addendum A to this Agreement. The Employer and the Union hereby adopt the Agreement and Declaration of Trust establishing said Fund, a copy of which has been provided to each, and agrees to comply therewith.

ARTICLE XXVI

MISCELLANEOUS

Section 1 The Employer will provide facilities where all employees may eat their meals at their regularly scheduled times, provided such facilities are made available by the U.S.

Government.

Section 2 The Employer agrees to give the International Union a copy of the Employer's written personnel policies and copies of the job descriptions for all classifications in the bargaining unit. If no job description exists for a job classification, it will be Immediately negotiated jointly by the Union and the Employer.

Section 3 Supervisors and other personnel outside the bargaining unit shall not regularly perform bargaining unit work so as to replace bargaining unit employees. The parties to this Agreement recognize however, that such activity may be necessary from time-to-time to ensure the efficient and profitable operation of the Employer and therefore, agree that such activity is not violation of the provision to this Agreement.

Section 4 The pay period and pay day shall be biweekly.

Section 5 Terminated employees (whether discharge or quit) shall receive their final wages and personal property in full by the next pay date, unless State requirements provide differently.

No employee who Is discharged or resigns will receive any wages until he/she has furnished proof that his/her file at Base Security has been cleared, all badges/passes surrendered, and has cleared the Employer's property files. No wages will be released until all uniforms are turned In to the Employer in a clean and un-abusedform.

Section 6 The Union agrees to encourage all employees in the bargaining unit to adhere to and follow rules and regulations as outlined in Article VII, Section 3 of this Agreement.

ARTICLE XXVll

NO STRIKES • NO LOCKOUTS

secti…