MC_ALLEN-7007_CBA.pdf

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AGREEMENT

between

Southern Contracting Solutions, LLC and

LOCAL 564, INTERNATIONAL UNION OF

OPERATING ENGINEERS, AFL-CIO

November 1 st 2015 to October 31 st

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CONTENTS PAGE NO,

Parties to the Agreement

Article 1 Union Recognition

Article 2 Union Security

Article 3 Check-off Authorization

Article 4 Rights of Management

Article 5 No Strike - No Lockout

Article 6 Seniority

Article 7 Probationary and Temporary Employees

Article 8 Wages and Health and Welfare

Article 9 Hours of Work and Overtime

Article 10 Holidays

Article 11 Vacation ……………………………………………………………………………

Article 12 Jury Duty

Article 13 Grievance and Arbitration

Article 14 Uniforms……………………………………………………………………………

Article 15 Health and Safety

Article 16 Leave of Absence

Article 17 Visitation Rights

Article 18 Captions and Terms

Article 19 Savings Clause

Article 20 Bulletin Boards ……………………………………………………………………

Article 21 No Discrimination

Article 22 Shop Steward

Article 23 Call-In Pay

Article 24 Personal/Sick Leave/Funeral ..……………………………………………………

Article 25 Wage Rate……………………………………………………………………………… 17

Article 26 Modification

Article 27 Duration………………………………………………………………………...……… .. 19

Schedule "A": Wages

Schedule "B": Health & Welfare and Pension……

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This Agreement, made and entered into this _31st _ day of ___October___2015, by and between Southern Contracting Solutions, LLC with its principal office at 315 10th Avenue N, STE 122 Nashville, TN 37203 (hereinafter referred to as the "Company") and Local 564 of the

International Union of Operating Engineers, AFL-CIO, with its principal office at 2120 North

Brazosport Blvd Richwood Texas 77531(hereinafter referred to as the "Union")

Article 1

Union Recognition

The Company recognizes the Union as the sole and exclusive bargaining agency in all matters concerning wages, hours and working conditions for all maintenance and custodial employees employed by the Company on the Prime Contract No. GS-07P-11JU-D-0171 issued by the General Services Administration excluding all office, and clerical employees, guards, professional employees, confidential employees and supervisors as defined in the National Labor

Relations Act as amended.

Article 2

Union Security

All employees covered by this Agreement, as defined in Article 1, including temporary employees shall, as a condition of their continued employment become members of the Union not later than the 31 st day following the date of their employment or the effective date of this

Agreement whichever is later, and shall, thereafter, remain members in good standing in accordance with Section 8 (a) (3) of the Labor-Management Relations Act, 1947, and any amendments or additions thereto.

Article 3

Check-off Authorization

Upon receipt of a signed authorization of the employee involved, the Company shall deduct from the employee's pay, consistent monthly dues, payable to the Union.

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The Union further agrees to save the Company harmless from any legal actions growing out of these check-off deductions that may be instituted by any employee involved therein before a court, the National Labor Relations Board, or any other body asserting or having jurisdiction, against the Company and further agrees to reimburse the Company for any financial payment adjudged by a court, the National Labor Relations Board, or any other body asserting or having jurisdiction, against the Company as well as reasonable costs and expenses involved in defense of any such action as set forth in this paragraph.

The current dues structure is one and one-half times the regular rate plus any increase of per-capita.

If any change in the amount of dues is made by the aforesaid Union during the term of this Agreement, the Union will give written notice of such to the Company.

Article 4

Rights of Management

Except as specifically limited by the express language of this Agreement, the Company has and retains exclusively to itself, all rights in the exercise of the functions of Management, including but not limited to the following rights: To manage and operate its business facilities; to direct its employees; to direct, plan, and control all operations; to establish and/or change existing methods, work schedules, productivity standards, materials, equipment, facilities and accounting methods. The company shall determine what products shall be handled or distributed and service or work performed at its facilities by employees covered by this Agreement and/or where they shall otherwise be handled or services and/or work performed to utilize suppliers and subcontractors. The company shall test, select and hire employees and assign them to work as needed, to establish hours of work, to transfer, promote and demote employees for just cause.

The Company shall have the right to suspend, discipline and discharge employees for just cause or relieve them from duty for lack of work or for other proper reasons. The Company shall have the right to establish and enforce rules and regulations relating to the operation of any and/or all facilities and to employee conduct.

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Article 5

No Strike - No Lockout

During the life of this Agreement, the Union shall not authorize, and the employees shall not participate in a strike of any kind, or any boycott, picketing, work stoppage, slowdown, or any other type of organized interference, coercive or otherwise, with the Company's business.

During the life of this Agreement, the Company shall not lock out the employees.

Article 6

Seniority

Section 1. Classification Seniority under this Agreement shall be defined as length of continuous service by work classification on a regular assignment. Company Seniority under this

Agreement shall be defined as length of continuous service from the employee's date of hire by the Company or a previous contractor performing the services under any prior contracts of the same properties performed for the General Services Administration.

Section 2. The Company shall establish available work shifts, days off and vacation periods. Classification Seniority shall be considered in the selection of work shifts, days off, reduction and restoration of the working force. Company Seniority shall be considered in the selection of vacation periods, amount of vacation, and sick leave.

Section 3. Classification and Company Seniority lists shall be prepared by the Union

Steward in conjunction with Company and shall be posted January 1 st of each year and shall be revised each six (6) months thereafter. Such lists shall be subject to correction upon protest and clarification, but if no complaint is made within fifteen (15) days of posting, the list published will be assumed to be correct.

Section 4. In case of layoff, seniority by classification shall be followed with due consideration for the efficiencies and special needs of the operation. In case of the restoration of the working force, seniority by classification shall be followed with due consideration for the

6 | P a g e efficiencies and special needs of the operation. The Steward shall be the last employee in his classification laid off provided he has the ability to perform the remaining work.

Employees who are promoted to positions excluded from the bargaining unit will be given a leave of absence from the bargaining unit for three (3) months and shall continue to retain and accrue seniority during that period. If at the end of this period the employee has not returned to work within the classifications covered by this Agreement, he shall lose all seniority rights under this Agreement, and his name shall be removed from the seniority lists.

Section 5. Employees covered by this Agreement shall lose their seniority status and their names shall be removed from the seniority lists under the following conditions:

A. The employee quits or resigns.

B. The employee is discharged for cause.

C. The employee is laid off and not re-employed within six (6) months.

D. The employee has been laid off for less than six (6) months and the employee does not return to the service on or before a date specified in a Registered Mail letter from the Company mailed to the employee's last known address offering such employee re-employment, which date shall not be prior to three (3) days after mailing such notice, provided, however, that this paragraph D shall not apply to offers of temporary work. If after the allocated 3 days the position has not been filled the employee will be given first choice for rehire.

E. An employee, while on a leave of absence, accepts another job, applies for unemployment compensation, or goes into business for himself, his employment and all seniority rights will automatically be terminated.

F. The employee fails to return to work at the expiration of either a medical or personal leave of absence.

G. Absence from work for three (3) days or longer without notice.

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Article 7

Probationary and Temporary Employees

Newly hired employees shall be on probation for the first ninety (90) days of employment. During this period, employees shall receive the rates of pay provided herein, but shall not be entitled to any other benefits under this Agreement. During the probationary period, the Company may discipline or discharge any employee for any reason without recourse to the grievance procedure.

Upon completion of the probationary period, employees shall be placed upon the seniority list as of the first date of employment. Seniority shall be by classification and all benefits provided in this Agreement shall be accrued by service within a given classification, including layoff and rehire after layoff. Employees will, however, accrue vacation and sick leave benefits based on their total length of service with the Company.

Temporary employees are those who are employed for a period of ninety (90) days or less with notification to the Union.

Article 8

Wages, Health & Welfare and Pension

The Wage rates which shall be effective during the term of this Agreement are set forth in

Schedule "A".

The Health & Welfare and Pension rates which shall be effective during the term of this

Agreement are set forth in Schedule "B".

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Article 9

Hours of Work and Overtime

Normal Hours. The provisions of this Article are intended only to provide a basis for determining the number of hours of work for which an employee shall be entitled to be paid at overtime rates and shall not be construed as a guarantee to such employee of any specified number of hours of work either per day or per week, or as limiting the right of the Company to determine and fix work schedules and to require such employees to work any specified number of hours either per day or per week. The employees will be allowed two (2) fifteen (15) minute breaks with one occurring in the first half of the shift and then second in the second half of the shift. Employees will receive one (1) hour for lunch.

The normal work week for full time employees covered by this agreement shall be forty

(40) hours, consisting of five (5) work days of eight (8) hours each day in a pay week. All employees are paid semi-monthly.

Overtime. The rate of one and one-half times ( 1 1/2 X) the regular straight time rate of pay shall be paid for all work performed in excess of forty (40) hours in any work week running

Sunday through Saturday.

In order to meet operational or maintenance needs, or in case of emergency, employees may be required to work overtime.

The Company will make every reasonable effort to distribute overtime opportunities as equally as practicable among employees in their respective job classifications within a reasonable period. However, familiarity and assignment to buildings will also be taken into consideration.

The Company shall be free to fix the starting hours of shifts and to determine the work schedule from time to time depending upon the business requirements. The Employer agrees, 9 | P a g e when possible, to post a work schedule at a convenient place for observation by the employees at least one (1) week in advance. All changes in regular scheduled days off and shifts shall be posted 48 hrs. in advance unless there is an emergency.

Article 10

Holidays

The Company will pay eligible employees for the following holidays not worked:

New Year's Day Labor Day

Martin L. King's Birthday Columbus Day

President's Day Veteran's Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

Employees will be paid their normal scheduled hours at their normal straight time hourly rate for holidays. Employees required to work on a holiday shall be paid in addition to their normal straight time rate an additional standard straight time rate for the holiday hours worked.

This additional straight time rate will be paid in addition to the holiday pay.

To be eligible to receive holiday pay, an employee must be on the active payroll and must work the last regularly scheduled shift prior to and the first regularly scheduled shift following the holiday unless he is on vacation.

If a holiday falls within an employee's vacation period, the employee shall be paid eight

(8) hours additional pay at his straight time hourly rate in lieu of the holiday.

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Article 11

Vacation

Full-time employee’s who shall have attained the years of continuous service specified in the following table, shall receive a regular vacation corresponding to such years of continuous service with vacation pay as shown in the following table:

Years of Service Entitlement

One (1) year of service Ten (10) days

Five (5) years of service Fifteen (15) days

Ten (10) years of service Twenty (20) days

Part-time employees will be provided vacation on a pro-rata basis in accordance with the number of hours worked per year.

The employee will request vacation at least 30 days in advance. Any conflicts in scheduling of vacation requests will be determined by seniority. The company reserves the right to final allotment and scheduling of vacation periods based on operational requirements of the facilities. The Company will confirm to the employee requesting vacation that the vacation has been approved within 3 business days of the employee requesting vacation.

Vacation payment will be calculated on the basis of a regularly scheduled day at the employee's straight time rate in existence at the time of vacation.

Payment of vacation pay shall be made to each employee entitled thereto on the last regular payday of the company published payroll schedule.

Vacations shall be based on an employee's anniversary date.

Unused vacation cannot be carried over to the following calendar year.

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If vacation is denied by the employer, the employee will be allowed to carryover the appropriate vacation hours.

Eligible employees who are laid off or otherwise removed from the payroll, shall be paid any accrued vacation pay. Employees discharged for cause or employees who do not provide two

(2) weeks' notice of resignation shall not receive any vacation pay.

Article 12

Jury Duty

An employee summoned for Jury Duty to a court of record shall be allowed, whenever possible, the necessary time off for such service.

Whenever an employee may be summoned, he shall be compensated for the difference between his straight time hourly rate for such scheduled work hours lost and the payment received for jury duty, to a maximum of five (5) days, following presentation to the Company of a statement from the clerk of the court showing the dates of such service and the amount of compensation thereof.

Jury Duty requiring more than five (5) days shall be reviewed on a case-by-case basis by the Company’s Project Manager and the Union Representative.

Article 13

Grievance and Arbitration

Section 1. Definition: A grievance is defined as a dispute, difference, disagreement or complaint between the parties related to wages, hours, and conditions of employment. A grievance shall include, but is not limited to the complaint of an employee, Company, or of the

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Union which involves the interpretation, application of or compliance with the provisions of this

Agreement.

Section 2. Procedure:

Step I Within five (5) working days of an incident or event giving rise to a grievance, the Shop Steward must discuss the grievance with the Project Manager in order to initiate the grievance. The employee may accompany his Steward, if he so desires. The Company shall render a decision within forty-eight (48) hours after the conclusion of the Step I hearing.

Appeal If the Union wishes to appeal, it must appeal a denied grievance to Step II within 5 working days after the receipt or non-receipt of the Company's decision. Such appeal shall be in writing to the Project Manager of the Company's operation at the facility.

Step II The Shop Steward or Union Representative shall represent the employee.

The Project Manager head shall meet with the Steward or Union Representative as expeditiously as possible. A decision by the Company shall be rendered within seven (7) days.

Appeal The Union may appeal a denied Step II grievance to Step III within twenty

(20) working days of the receipt or non-receipt of the Step II decision. The Union must provide written notice of appeal.

Step III The Union Business Representative shall meet to discuss the grievance with the

Project Manager and the Company’s Corporate Representative as expeditiously as possible. A written decision by the Company shall be rendered within seven (7) days.

Appeal The Union may appeal a denied Step III grievance to Arbitration within twenty (20) working days of the receipt or non-receipt of the Company's decision. The Union must provide written notice of appeal and the Company will render a written decision within seven (7) days.

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Step IV Arbitration: In the event that the Union or the Company elects to arbitrate the grievance, it shall be heard by an arbitrator to be designated by mutual agreement of the

Company and the Union.

In the event the parties fail to mutually agree upon an arbitrator, either party may move to arbitration through the rules of arbitration as provided by the Federal Mediation and Conciliation

Service.

The arbitrator's decision shall be final and binding on all parties concerned. Any compensation required to be paid to the arbitrator shall be borne equally by the parties.

The arbitrator shall have jurisdiction and authority to apply, interpret and determine compliance with the terms of this Agreement but in no case add to, deviate from, detract from or alter in any way the provisions of this Agreement. The decision of the arbitrator shall be confined to the matter submitted to him for arbitration.

Article 14

UNIFORMS

Uniforms will be provided by the Company, with a minimum of five (5) sets for the

HVAC Mechanics and smocks for the Custodial employees. In addition the Company will provide replacement sets of uniforms each year if necessary. Employees will be responsible for maintaining and cleaning the uniforms.

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Article 15

Health and Safety

The Company and the Union shall cooperate to promote employee safety and accident prevention in and around all operations and premises.

The Company shall maintain safe, sanitary and healthful conditions and shall provide first aid equipment to take care of employees in case of accident or illness.

It shall be the responsibility of each employee to maintain his place of work in a clean and orderly condition. Employees shall be required to observe safety rules and regulations established by the Company, including the use of prescribed safety equipment or clothing.

As a condition of continued employment all employees shall be required to conform to all reasonable work rules and regulations that may be issued by the Company from time to time pertaining to the operations, health and safety.

Article 16

Leave of Absence

Employees with at least one (1) year of service may, at the discretion of the Company, be granted a leave of absence without pay for periods not to exceed thirty (30) calendar days in any year. Leave without pay will only be granted after all vacation and sick/personal time have been used.

Article 17

Visitation Rights

Officers of the Union shall have the privilege of visiting members of the Union during working hours upon reasonable notification of the Supervisor or his designee but only to such extent as does not neglect, retard or interfere with the work or duties of employees.

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Article 18

Captions and Terms

Captions or Articles of this Agreement are for convenience only and do not in any way limit or amplify the terms and provisions thereof. Wherever the singular or plural number is used herein, it shall equally include the other and wherever the masculine or feminine gender is used, it shall equally include the other.

Article 19

Saving Clause

Should any part or provision of this Agreement be rendered invalid by reason of any existing or subsequently enacted legislation, such invalidation of any part or provision of this

Agreement shall not invalidate the remaining portions hereof, and they shall remain in full force and effect.

Article 20

Bulletin Boards

The Company agrees to provide Union with a bulletin board, however, all material to be posted requires the approval of the Supervisor or his designee prior to posting.

Article 21

No Discrimination

It is agreed by the Company and the Union, there shall be no discrimination against any present or future employee by reason of race, creed, color, age, religion, disability of any individual in accordance with applicable law, national origin, sex, sexual preference, veteran's status or as a veteran of the Vietnam era.

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Article 22

Shop Steward

The Union may select two (2) employees of the Company to act as Shop Steward. A Shop

Steward's authority shall be limited to and shall not exceed the following duties and activities:

Section 1. The investigation and presentation of grievance to the designated

Company's representative in accordance with the provisions of the collective bargaining agreement.

Section 2. The Shop Steward may receive and may discuss grievances of employees on the premises of the Employer, but only to such extent as the receiving and discussing of grievances as does not neglect, retard or interfere with the work or duties of employees. Shop

Steward shall obtain permission of his respective supervisor prior to leaving his work assignments to handle grievances, and report to his supervisor upon return.

Section 3. The transmission of such messages and information which shall originate with and be authorized by the local Union, or its officers, provided such messages and information had been reduced to writing and, if not reduced to writing, are of a routine nature and do not involve work stoppages, goods or other interferences of the Employer's business.

Section 4. Any activities undertaken by the Shop Steward outside of his normal working hours, shall not be considered as time worked for pay or overtime purposes.

Article 23

Call-in Pay

If an employee has completed his shift, leaves the premises, and is called back to the facilities, he shall be guaranteed a minimum of two (2) hours pay or two (2) hours of work at the applicable rate. This provision shall not apply, however, when the employee is called in for work prior to his regular shift and is scheduled to work up to and through his regular shift. The

17 | P a g e fore-going guarantee shall not apply in the event the call-in is the result of the employee's prior negligence or poor workmanship. All call-ins must be approved by the Supervisor or his designee.

Article 24

Personal/Sick Leave/Funeral

Full-time employees should be entitled to personal/sick and Funeral leave per year, with pay, at the employee's regular rate of pay, as identified in Schedule "A". The employer may require medical proof of illness for absences in excess of two (2) days with sick leave. No personal/sick leave pay shall be paid for less than one half (1/2) day. 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. In accordance with Schedule A, full-time employees will accumulate one half three quarters (3/4) of a day per month or 9 full days per year. Employee’s can schedule personal/sick leave ahead of time.

Part-time employees will be provided personal/sick and Funeral leave on a pro-rata basis in accordance with the number of hours worked per year.

Personal/Sick/Funeral Leave does not carry over from year to year or accumulate in any way.

Article 25

Wage Rate Classifications

The wage rate classifications and present job titles applicable thereto are attached and made part hereof as Schedule “A”. Employees will be paid for time worked in each classification to which assigned at not less than the job rate for the work performed.

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Article 26

Modification

It is the intent of the parties hereto that the provisions of this Agreement, which supersedes all prior agreements and understandings, oral or written, express or implied, between such parties, shall govern their entire relationship and shall be the sole source of any and all rights or claims which may be asserted in arbitration hereunder, or otherwise.

The provisions of this Agreement can be amended, supplemented, rescinded or otherwise altered only by mutual agreement in writing hereafter signed by the parties hereto.

The parties hereto mutually agree not to seek, during the term of this Agreement, to negotiate or bargain with respect to any matters pertaining to rates of pay, wages, hours of employment, or other conditions of employment, whether or not covered by this Agreement or in the negotiations leading thereto, and any rights in that respect are hereby expressly waived.

The provisions of this Agreement shall be conclusive as to all bargainable matters relating to wages, hours or work, and working conditions, except that rates of pay for new classifications are bargainable. Therefore, the Company and the Union, for the lifetime of the

Agreement each agree that the other shall not be obligated to bargain collectively with respect to any subject matter referred to or governed by this Agreement, unless the Company and the Union mutually agree to alter, amend, supplement, enlarge or modify any of its provisions.

Article 27

Duration

This Agreement shall be in full force and effect from 12:01 A.M. November I, 2015 to

12:00 midnight October 31, 2017.

In Witness Whereof, the parties hereto have executed this Agreement as of this 7th day of

November, 201 5.

Southern Contracting Solutions, LLC

International Union of Operating Engineers, Local 564, AFL-CIO

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SCHEDULE "A"

WAGES

Current Effective

Labor Classification 11/1/2014 11/1/2015 11/1/2016

Chief Engineer $31.92 $32.96 $34.03

HVAC Mechanic $25.01 $25.82 $26.66

Custodial Crew Leader $15.43 $15.93 $16.45

Custodian $14.33 $14.80 $15.28

Grounds $14.33 $14.80 $15.28

Utility $16.26 $16.79 $17.34

Mileage Allowance and Transit Pay:

Employees performing their duties while using their personal vehicle, when authorized, will be provided compensation rate of 60 cents per mile in accordance to company’s policy.

SCHEDULE "B"

HEALTH & WELFARE, LONG TERM DISABILITY AND PENSION

Health Insurance Payment

Effective November 1, 2012 the Company agrees to pay the amount listed below per hour, not to exceed two thousand and eighty eight (2080) hours per year, for all employees as covered herein. The amount contributed will be based upon a 40 hr pay period by each employee and will be included in the employee’s regular pay checks.

Current Effective

11/1/2014 11/1/2015 11/1/2016

$5.12 per hour $5.32 per hour $5.52 per hour

The Company agrees to provide health & welfare to all employees subject to this agreement at the hourly rates listed in Schedule B. These rates will be applied to all hours paid up to 40 hours per week not to exceed 2080 hours per year. Compliance to the Affordable Care

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Act does not allow for a cash-out option of health and welfare funds. For this reason, all health and welfare funds must be used to purchase benefits from the Company’s Cafeteria Plan. Any health and welfare funds not specifically designated to cafeteria plan benefits will be contributed on behalf of the employee to the Company’s 401k Plan. Eligibility for coverage in the

Company’s health plan is available to the employee after completion of sixty (60) days of continuous service.

For Full-Time Employees, H&W will be paid by taking monies earned up to 40 hours per week and 2080 annually and dividing them into 24 equal payments.

For example 2080 X $5.12(current rate) per hour H&W = $10,649.60, $10,649.60 divided by 24 pay periods equals $443.73

Therefore fulltime employee benefits will be paid at $443.73 per pay period if an employee earns 40 hours per week of compensation. Compensation is defined as the following;

hours worked, vacation, PTO (as identified in Schedule B), holidays, or other regular time (non-overtime) hours paid by the employer.

Employees who work less than 30 hours per week are considered Part-Time and therefore will not be eligible for Company benefit plans. For Part-Time Employees, H&W will be paid per actual hour worked directly in their check.

Pension:

Effective November 1, 2011 the Company agrees to contribute the amounts listed below per hour, not to exceed two thousand and eighty eight (2080) hours per year, for all employees as covered herein, to the Central Pension Fund of the International Union of Operating Engineers and Participating Employers.

Current Effective

11/1/2014 11/1/2015 11/1/2016

$1.86 per hour $1.96 per hour $2.06 per hour

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Personal/Sick Leave/Funeral Leave:

Effective November 1, 2011 and in accordance with the guidelines as established in

Article 24, the Employee is entitled to the number of days listed below (per calendar year – pro rata to be calculated for the calendar year).

Effective

11/1/2012 11/1/2013 11/1/2014

9 day 9 day 9 day

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