CBA_-_EXEMPLAR_USWW_ROYBAL_FEDERAL_BUILDING_1_19_14_Redacted.pdf

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

Exemplar Enterprises, Inc.

AND

SERVICE EMPLOYEES INTERNACIONAL UNION,

United Service Workers West (USWW), CtW, CLC

November 1, 2013 to October 31 st

SEIU USWW

828 W. Washington Blvd. Los Angeles, CA 90015

(213) 284-7705

For Health and Welfare information or Pension

Phone (213) 284-7705 SEIU, United Service Workers West (USWW), CtW, CLC i

TABLE OF CONTENTS

ARTICLE PAGE

ARTICLE I – NONDISCRIMINATION

ARTICLE II – UNION RECOGNITION

ARTICLE III – HIRING AND EMPLOYMENT

ARTICLE IV – CHECKOFF

ARTICLE V- MAINTENANCE OF MEMBERSHIP

ARTICLE VI – ENFORCEMENT

ARTICLE VII – NO STRIKE/NO LOCKOUT

ARTICLE VIII - UNEMPLOYMENT INSURANCE

AND WORKERS COMPENSATION

ARTICLE IX – MANAGEMENT RIGHTS

ARTICLE X – WAGES

ARTICLE XI – HOURS

ARTICLE XII – WORKING CONDITIONS AND JOB EXPENSE

ARTICLE XIII – MAINTENANCE OF WORKING CONDITIONS

ARTICLE XIV – HOLIDAYS

ARTICLE XV – VACATIONS

ARTICLE XVI – LEAVES OF ABSENCE

ARTICLE XVII – JURY DUTY

ARTICLE XVIII – HEALTH AND WELFARE

ARTICLE XIX – PENSION

ARTICLE XX – TRAINING AND EDUCATION

ARTICLE XXI – SENIORITY DISCHARGE AND SEVERANCE PAY

ARTICLE XXII – GRIEVANCE AND ARBITRATION PROCEDURE

ARTICLE XXIII – PRIVACY RIGHTS; IMMIGRATION AND

NATURALIZATION SERVICE

ARTICLE XXIV – ASSIGNMENTS

ARTICLE XXV – CHECKOFF FOR POLITICAL CONTRIBUTIONS

ARTICLE XXVI – SAVING CLAUSE

ARTICLE XXVII – COURTESY

ARTICLE XXVIII – TERM OF THE AGREEMENT

APPENDIX A

SEIU Service Workers West (USWW), CtW, CLC

AND

Exemplar Enterprises, Inc.

November 1, 2013 to October 31, 2016

THIS AGREEMENT, made and entered into this ____ day of January 2014 at Los

Angeles, California by and between SERVICE EMPLOYEES INTERNATIONAL UNION, USWW, (hereinafter called the Union) and Exemplar Enterprises, Inc. (hereinafter called the

Employer).

The employer recognizes the Union as the sole collective bargaining representative for its employees employed at the Roybal Federal Building.

ARTICLE I – NONDISCRIMINATION

No employee or applicant for employment covered by this Agreement shall be discriminated against because of membership in the Union or activities on behalf of the Union.

Neither the Employer nor the Union shall discriminate for or against any employee or applicant for employment covered by this Agreement on account of race, color, religious creed, national origin, age (except as allowed by law) sex, marital status, physical handicap or veteran status, family status, sexual orientation, or political belief. It is the policy of the Employer and the

Union that the provisions of this Agreement shall be applied to all employees without regard to race, color, religious creed, national origin, age (except as allowed by law) sex, marital status, physical handicap or veteran status, family status, sexual orientation, or political belief.

ARTICLE II – UNION RECOGNITION

Section 1. Scope of Bargaining Unit.

The Employer recognizes the Union as the sole collective bargaining representative for all employees coming under the classifications of this Agreement or performing duties of those classifications and all employees who perform the duties within the jurisdiction of the Union.

Such employees also include any TANF (Temporary Aid Needy Families) or GA (General

Assistance) workers who perform duties under the classification of this agreement.

Section 2. Subcontracting

A. The Employer shall not subcontract any work as described by the classifications set forth in this Agreement to any employee, person, or company. Excluded are employees who are classified as pest control, groundskeepers, and window washers.

ARTICLE III – HIRING AND EMPLOYMENT

Section 1. Union Security

It shall be a condition of employment that all employees of the Employer covered by this

Agreement who are in the bargaining unit on the effective date of this Agreement shall become members in good standing or tender to the Union the Union dues and initiation fees customarily required of members in the manner provided for in this Agreement. Any employee hired before

July 31, 1997 shall not be required to submit initiation fees. It shall be a condition of employment that all employees covered by this Agreement and hired on or after its effective date shall, no later than the 31 st calendar day following the effective date of this Agreement whichever is later, become and remain members in good standing, or tender to the Union the

Union dues and initiation fees customarily required of members in the manner provided for in this Agreement.

Section 2. Inform New Employees

The Employer shall, at the time of hire, inform each new employee who comes under the scope of the Agreement of the existence and terms of the Agreement and of such employee’s obligations of Union membership. Further, the Employer shall, at the time of hire, give each new employee a copy of the NOTICE TO NEW EMPLOYEES. The Union agrees to provide the Employer with copies of this notice.

Section 3. Referral for New Employment

A. New Employees

In the interest of maintaining a fair nondiscriminatory system of referrals of applicants for employment that will protect the interest of employees in their employment status. The Employer and the Union agree to the following procedure of referrals of applicants for employment.

1. When new and additional employees are needed the Employer shall first call upon the Union for such employees requesting the number and classification of employees needed. All applicants for “jobs” shall be referred by the Union to the Employer without reference to their Union membership or lack of such membership.

a. The Union will first refer applicants with experience in the trade who are residents of the local labor market, and who have had prior employment with janitorial employers in the local area.

b. If the Union cannot provide an employee ready and able to work within three (3) working days, the Employer will use their regularly established system to fill the new position.

2. After three months of probations; starting on the employees hire date, on call employees will become permanent on call employees and shall be protected by this agreement.

3. Referrals for permanent Positions

The Employer shall notify the Union in writing when it has an opening for a permanent part-time or full-time position. Full-time positions shall first be filled by employees who are on part-time status at that job location, in order of seniority. If the position remains unfilled or in the case of part-time positions, the position shall be filled by employees who are on recall status at the job location in order of seniority, and then by offering to on-call employees by seniority and then by selection of openings or by promotion, if applicable, pursuant to Article XXI, Seniority. If the position remains unfilled by recall or by offering to on-call employees by seniority or by selection of opening or by promotion, the Union shall refer applicants as per Section 3: New Employees.

ARTICLE IV – CHECKOFF

Section 1. Payment of Membership Initiation and Dues

A. The Employer agrees to a check off for the payment of Union dues and initiation fees and to deduct such payments from the wages of all the employees and remit same to the Union in accordance with the terms of signed authorizations of such employees, and according to the method set forth below. The Employer shall be the agent for receiving such moneys and the deduction of said dues by the

Employer shall constitute payment of said dues by the employees.

B. For newly hired employees hired after July 31, 1997, half of the initiation fee and the first month’s dues shall be deducted from the employee’s paycheck for the first payroll period with an ending date on or after the thirty-first (31 st ) calendar day following the beginning of said employee’s employment. The balance of the initiation fee and the next month’s dues shall be deducted from said employee’s first paycheck in the following calendar month. Regular monthly dues for such employee shall thereafter be deducted from the employee’s first paycheck in each calendar month. In the event the employment of any employee terminates on or after the 31-calendar day following the beginning of his/her employment, and any initiation fees and/or dues are unpaid, such initiation fees and/or dues shall be deducted from such employee’s final paycheck, including payment for any other compensation due.

C. The monthly dues for all other employees shall be deducted from the employee’s first paycheck in each calendar month.

D. All sums deducted for monthly dues and/or initiation fees shall be remitted to the

Union no later than the fifteenth (15 th

) day of the following calendar month after the deduction, together with an alphabetized list of all employees in Excel format via electronic mail, specifying the following:

1. The names of all the employees who have received pay during the calendar month in which remittance is made.

2. The amount of deduction for each employee for whom a deduction was made.

3. The names, addresses, social security numbers, phone numbers, dates of hire and job locations of all employees whose names are listed on the above list for the first time.

4. A notation of “No Authorization” beside the name of any employee who has not signed a payroll deduction authorization.

5. The Union shall have the right to receive, within five days, upon request, the corrected addresses of any employees covered by this Agreement.

6. The Employer agrees that the list set forth in this Article shall be submitted in a form, which is mutually acceptable to both parties.

E. In the event the Employer violates any of the terms and provisions of this

Agreement, and specifically in the event the Employer fails to deduct and remit the proper initiation fees and dues or fails to comply with the hiring procedures, the Union may consider such conduct on the part of the Employer a material breach of the Agreement and, notwithstanding any other provision of this

Agreement, shall have the right to take any legal action the Union may consider necessary. In addition to any legal action the Union may take, the Employer, in the event of a violation of any terms of this Article, shall be liable to the Union for the amount of initiation fees and/or dues, and in addition all legal and accounting costs and fees, not to exceed fifteen percent (15%) of the obligation or liability, plus all reasonable legal fees and court costs in the event the Union files a civil lawsuit and is the prevailing party.

ARTICLE V- MAINTENANCE OF MEMBERSHIP

Any employee who does not maintain membership in good standing with the Union or tender to the Union the dues and initiation fees customarily required of members of the Union as set forth in this Agreement, shall, upon notice of such fact in writing from the Union to the

Employer, be terminated.

ARTICLE VI – ENFORCEMENT

Section 1. Union Access

A. Union representatives shall be permitted to visit the Roybal Federal Building, provided such visits shall not interrupt the work of any employees.

B. The Employer agrees to assist the Union in obtaining access, including all documents and papers, to job locations of the Employer where clearance is required. The Union agrees to cooperate by providing adequate notice.

Section 2. Union Steward

The Union shall designate, by written notification to the Employer, a union steward for each zone and/or shift where five (5) or more employees work. The Employer agrees to recognize the union stewards who are designated by the Union. The Employer and the union stewards will cooperate in enforcing this Agreement.

A. Union stewards shall not interfere with the management of business or direct any work of any employee, but may advise the Employer of any violations of the

Agreement and also notify the employee participating therein.

B. Union stewards will be afforded time, without loss of pay to conduct union business. Prior to leaving the work area, a union steward will request permission from the supervisor. Union stewards will not leave the work area during rush hours.

C. Union stewards shall be entitled a top seniority at the facility to the fullest allowed by law.

Section 3. Union Information

A. The Employer shall provide a bulletin board at all job locations where such provision is a reasonable requirement, which will be made available to the Union to post notices and for all other Union purposes.

B. A copy of this Agreement shall be posted at each job location where such posting does not constitute an unreasonable requirement of the Employer.

Section 4. Lie Detector Tests

A. Nothing in this Agreement shall prohibit any employee from volunteering to take a lie detector test; however, the Employer shall not require any employee to take any lie detector test and shall not take any discriminatory or disciplinary action against an employee who refuses to take a lie detector test, regardless of the circumstances involved.

ARTICLE VII – NO STRIKE/NO LOCKOUT

A. For the duration of this Agreement, the Union agrees that it will not authorize, sanction, aid or engage in any strike or stoppage of work for any reason, except as provided in this paragraph or paragraph B below. Any employee who violates any of the terms of this

Article may be subject to discharge from employment with the Employer or any other form of discipline. It shall not be a violation of this Agreement, and it shall not be cause for discharge or disciplinary action for any employee covered by this Agreement to refuse to go through or work behind any picket line established by another labor organization because of a strike authorized by the appropriate County Federation of

Labor or Central Labor Council and the Service Employees International Union, or for the Union to authorize, sanction, aid or engage in any strike or stoppage of work relating to any such picket line. The Employer agrees that during the same period it will not engage in, cause, or aid in a lockout of employees covered under the Agreement, except that this prohibition shall not apply when the Union takes economic action as provided in paragraph B below.

B. Notwithstanding paragraph A above, or any other provision in the Agreement, it shall not be a violation of this Agreement for the Union to engage in economic action, or cause for discipline or discharge for any employee who participated in such economic action, under the following conditions:

1. In the event the Employer fails or refuses to abide by any award of an arbitrator issued pursuant to formal or expedited arbitration procedures under this Agreement.

2. In the event the Employer fails or refuses to proceed to arbitration under the terms of this Agreement of a grievance filed pursuant to this

Agreement within three months of the date that the grievance was originally filed.

ARTICLE VIII. UNEMPLOYMENT INSURANCE AND WORKERS COMPENSATION

Section 1. Submission of Information and Employer’s Use of Consultants

In the event an employee files for Unemployment Insurance benefits and the Employer requests a determination or provides any information that may form the basis for disqualification of the employee from such benefits, the Employer shall provide the Union with a written copy of such information at the time of submission to the California State Department of Employment.

A. The Employer agrees to abide by the Worker’s Compensation laws of the State of

California covering each employee coming under the terms and conditions of this

Agreement. The Employer will submit to the Union proof that it has complied with this requirement.

B. The Employer shall submit a list of physicians and medical facilities who are approved by the Employer and/or his/her insurance carrier. It is the intent of the parties to this Agreement that this list shall contain sufficient names so that employees will have an adequate number of physicians and medical facilities from which to choose for treatment of work incurred injury or illness. After reviewing this list, the Union may suggest that additional names be added and/or that names de deleted from this list. The Employer shall not unreasonably withhold approval of names submitted by the Union. Said list shall be reconstructed annually.

C. Employees who sustain an industrial injury or industrial illness and who require treatment and who have not submitted designation forms of personal physicians as permitted by law shall be required to secure that treatment from a physician or medical facility listed on the above-mentioned list of acceptable physician or medical facilities after he/she has first reported the occurrence of such injury or illness to the Employer. The choice of a physician or medical facility, listed as acceptable, shall be made by the employee. No attempt shall be made by the

Employer or Union to prejudice said employee either for or against any list of physicians or medical facility. Upon being informed by the employee, the

Employer has the responsibility to take all steps necessary to insure any employee who suffers an industrial injury or industrial illness shall receive medical attention as needed.

D. No Employer shall discharge or discriminate against or refuse to hire any member of the Union because said employee elected to pursue any Workers’

Compensation remedies guaranteed to him/her by state law.

E. The Employer will not unreasonably refuse to pay for an employees’ entire shift in the event said employee is required to leave work due to industrial injury or industrial illness

ARTICLE IX – MANAGEMENT RIGHTS

Management shall have the sole and exclusive right to manage, direct, and operate its business, except where expressly limited under the terms of this Agreement or by applicable state or federal laws. Such rights include, but are not limited to the following:

1. To determine the nature and scope of its business operations;

2. To hire and fire employees under its supervision;

3. To organize and direct its work force;

4. To increase or reduce the work force in its direction as sound business judgment dictates;

5. To assign, promote or demote employees under its supervision or control;

6. To lay off employees for lack of work;

7. To enact reasonable company work rules and regulations to promote safety and efficiency in operation;

8. To discipline employees, including issuing verbal and written warnings, suspensions or terminations.

The listing of specific rights in this Article is not intended as a restriction upon, or a waiver of, any other usual and customary rights of management, whether or not such rights have been claimed, asserted, or exercised by the Employer in the past or expressly listed in this

Agreement. Management recognizes and agrees to exercise its rights consistent with its obligations under all applicable state and federal laws.

ARTICLE X – WAGES

Section 1. Minimum Wage Scales

A. The wage scales and economic benefits in Appendix A of this agreement are minimum wage scales and economic benefits for the Roybal Federal Building.

Nothing in this Agreement shall be interpreted to prohibit an Employer from paying higher wage rates or additional benefits than are set forth in this

Agreement. Such wage increase and/or additional benefits shall include, but shall not be limited to those set forth by the Service Contract Act or the General

Services Administration.

Section 2. Payment of Wages

A. All wages shall be paid by check. Such check shall specify the total number of hours worked, and contain an itemized list of all deduction.

B. Wages shall be paid no less than twice a month.

C. In no event shall any pay period be changed where either the intent or effects is to avoid the payment of overtime.

Section 3. Availability of Paychecks

A. Paychecks shall be made available at the job location on the scheduled payday. In the event the employee elects to pick up his/her own check on his/her own time at the Employers’ place of business, then the Employer agrees to post a schedule of check pick-up.

B. Paychecks shall be made available to the employee, or placed in the mail no later than four (4) office work days after the close of the day period. Each employee shall be notified when his/her pay period ends.

Section 4. Inspection of Records

A. The Union shall have the right to inspect the paycheck of any employee covered by this Agreement after the same has been returned to the Employer by the bank.

B. The Union shall have the right to inspect and audit all payroll records and time sheets and all other records, papers, or documents of the Employer which relate to the terms and conditions of this Agreement.

C. The Employer shall provide the Union annually a list as to each employee’s sick leave and vacation benefits.

Section 5. Payment for Travel

A. Any employee who is required to move from location to location in the course of performing his/her work assignments shall be paid for all time spent in traveling between such locations, in addition to the hours actually spent working at the various job locations.

Section 6. Payment for the use of employee’s own vehicle

A. Each employee who is required by the Employer to furnish his/her own vehicle to carry any equipment or supplies between locations shall be reimbursed for use of the vehicle for each required mile driven at the rate set by the Internal Revenue Service of the US Department of the Treasury (IRS). Whenever the IRS increases the amount of mileage reimbursement exempt from declaration as income, the Employer shall increase the rate of mileage reimbursement equal to the new IRS guidelines, effective

January 1st of the year in which the adjustment is made.

ARTICLE XI – HOURS

Section 1. Day’s work

A. Eight (8) hours within not more than nine (9) hours shall constitute a day’s work.

All employees shall receive one (1) fifteen (15) minute paid rest period during each four (4) four hours of work. Time and one-half (1 ½) shall be paid to all employees who work in excess of eight (8) hours per day.

B. Overtime shall not be obligatory and shall be offered on the basis of seniority.

C. Any employee who is required to remain at the job location of the Employer shall be paid for all such time, including overtime, regardless of whether or not work is performed.

Section 2. Week’s Work

Forty (40) hours’ work based on five (5) consecutive working days, followed by two (2) consecutive days off shall constitute a weeks’ work. Time and one half (1-1/2) shall be paid to any employee who works in excess of forty (40) hours per week or on the sixth (6 th

) consecutive day. Double (2) time shall be paid to any employee for all time worked on a seventh (7 th consecutive day.

Section 3. Minimum Hours

An employee shall be guaranteed four (4) hours pay each time he/she is required to report for work. An employee shall be guaranteed at least twenty (20) hours pay within five (5) consecutive days of any week he/she is required to work.

Section 4. Maintenance of Hours

If there is a reduction in the hours of an employee’s permanent work scheduled, the employer will notify the union.

ARTICLE XII – WORKING CONDITIONS AND JOB EXPENSE

Section 1. General Requirements

A. The Employer agrees to provide and to properly maintain equipment and materials adequate to perform any and all work assignments.

B. The Employer will observe all federal and California laws and regulations pertaining to occupational safety and health.

C. The Employer agrees to provide proper safety appliances and equipment to safeguard the health and safety of all employees, and to observe all federal and state laws regarding working conditions.

1. Such equipment includes durable gloves, masks, safety belts for heavy lifting, non-slip shoe covers (for Waxers) and gowns or other equipment to protect against hazardous materials or dangerous conditions.

2. Training, as defined by Federal and State health and safety regulations, will be made available to all new employees and to any currently employed employees, upon their request.

D. The Employer shall furnish three (3) uniform shirts for all employees when hired per year, and three (3) on each anniversary date thereafter. The company shall maintain at the office of the job location jackets to provide for employees when needed.

E. The Employer shall maintain suitable lockers, soap and towels for employees where possible.

Section 2. Accidental Breakage

Employees shall not be liable for any accidental breakage.

ARTICLE XIII – MAINTENANCE OF WORKING CONDITIONS

Section 1. Current Agreement

The Employer shall not reduce the number of employees or the man-hours worked or rates of pay, or change the starting or quitting time of any employee at the job location because of the execution of this Agreement.

Section 2. Job Location

The Employer shall notify the Union prior to any following changes occurring:

1. Any employees lay off, reduction in number of employees, or change the weekly or daily hours of any employee.

2. Any change in starting or quitting time or days of work, either temporary or permanent at the job location.

Section 3. Layoff and Reduction of Staff

A. In the event the Employer desires to lay off any employee or employees or reduce staffing, the Employer will submit the following information to the Union, in writing, before any action is taken on the proposed lay off.

1. The shift in which the proposed lay off is to occur;

2. A list of the employees working at the job location listed by shift, and the length of employment and classification of each employee;

3. A list of the employees the Employer desires to lay off or positions the

Employer desires to eliminate;

4. The date and reason for the proposed lay off, or reduction in staffing.

B. In the event of a proposed reduction in staff, prior to that reduction, the Employer agrees to discuss with the Union the impact of said reduction.

C. Except for extenuating circumstances, the Employer shall give a minimum of five

(5) days’ notice in writing to the affected employee or pay the employee an amount equivalent to the employee’s wages for one (1) week, based on the employee’s normal wage, in lieu of such notice. If, during the 5 day period, any affected employee does not call or report to work, said employee will be terminated.

D. No regular full-time employee shall be laid off while there is a part-time or extra employee working on the job location.

E. Employees on layoff, and regular part-time and extra employees shall receive preference over all new hires in the event the Employer hires new employees, as provided in Article III, Hiring and Employment. Affected employees will be notified by certified mail given 5 (five) working days to respond.

Section 4. Job Bidding Procedure

Whenever the Employer Bids or takes over the servicing of any job location where the present employees are working under the terms of a collective bargaining agreement to which a local of the Service Employees International Union is signatory, the Employer agrees to do the following:

1. Contact the Union for the number of employees, all job classifications, number of man hours worked per day and per week, starting and quitting time of each employee and wage rate of each employee at the job location.

2. Observe all of the existing conditions at the job location and, specifically, employ all existing employees, not reduce the wage rate of any employee, the number of employees, the total number of man hours worked per day and per week, not change the starting or quitting time of any employee, and respect the original date of hire of each employee at the job location, such original date of hire shall constitute the beginning of the seniority of such employee. The Employer will become signatory to any agreement existent at any job locations at which the Employer becomes the successor.

Section 5. Change of Employer

The Employer shall not enter into agreement, written or verbal, direct or indirect, that will prohibit or limit in any manner, any person’s or company’s right to hire the employees of the employer, or the services of the of the Employer at the job location.

Section 6. Inspection of Records

The Union shall have the right to conduct an investigation, including the inspection and auditing of any books or records pertaining to an arbitration or grievance at the Roybal Federal

Building, in order to determine whether any provision of the Agreement has been violated

Section 7. Union Recognition For Additional Sites

If the employer acquires a new facility, which already is under contract with Service

Employees International Union, the Employer agrees to recognize the Union as the representative of all employees at the location, and adopt the agreement with the union at that location. If the Employer is awarded a contract at a Non-Governmental Commercial building which is not currently unionized, the Employer will recognize and commence negotiation within five days after the Union demonstrated that the majority of employees have signed Union cards.

Section 8. Union Enforcement

The Union agrees to fairly and equitably enforce this article and will audit, when necessary, the employer who submitted the information as required this Article and will investigate, including the visiting of the job location, in order to verify the information provided by the employer. All information received by the Union shall be used only for the purposes of enforcing the terms and conditions of this Agreement.

ARTICLE XIV – HOLIDAYS

Section 1. Holiday Observance

A. The following holidays shall be observed as holidays with pay for each employee:

New Year’s Day Independence Day

Martin Luther King Jr. Day Columbus Day

President’s Day Veteran’s Day

Memorial Day Thanksgiving Day

Labor Day Christmas Day

B. In the event a holiday falls on Sunday, it shall be observed on the following

Monday. In the event a holiday falls on a Saturday, it shall be observed on the preceding Friday. Holidays will be observed according to government holidays at the Roybal Federal Building.

C. In the event a holiday falls on an employee’s regular day off, the employee shall be granted an additional day’s pay or an additional day off with pay for said holiday. The Employer shall have the right to determine whether the employee receives an additional day’s pay, or an additional day off with pay.

Section 2. Holiday Pay

A. Pay for holidays not worked shall be at employee’s regular rate of pay. Any employee who works a forty (40) hour weekly schedule shall receive not less that eight (8) hours pay for the holiday, regardless of the number of hours the employee would have been scheduled to work on the day the holiday is observed.

Part-time employees shall receive pay for the average number of hours worked in the previous week.

B. Pay for holidays worked shall be at the rate of time and one-half (1-1/2) for all hours worked, in addition to the employee’s regular day’s pay. Any employee who is called in to work on a stated holiday shall be guaranteed a full work day.

Such employee shall not be required to work les than his/her regular shift, and shall be paid in accordance with the provisions of this Paragraph B.

C. Non-worked holidays shall be counted as time worked for the purpose of computing overtime, unless the holiday falls on the employee’s regular day off.

D. Non-worked holidays shall be counted as time worked for the purpose of computing overtime, unless the holiday falls on the employee’s regular day off.

E. An employee scheduled to work the day before and after a holiday must be at work unless s/he presents valid doctor’s excuse for the absence.

Section 3. Observance of holidays Not Listed in this Agreement

B. Any additional holidays, which have been approved by the Federal Government, shall become part of this Agreement, provided that the Employer is paid for the holiday by the Federal Government.

ARTICLE XV – VACATIONS

Section 1. Vacation Benefits for Continuing Employees

A. Each employee shall receive vacation benefits, with pay, in accordance with the following schedule:

Years of Service Weeks of Paid Vacation

0-47 Months (0-3 years) Two Weeks (2)/.833 days/mo.

48-107 Months (4-8years) Three (3)/1.25 days/mo.

108-179 Months (9-14yrs) Four (4)/ 1.67 days/mo.

180- (+) Months (15 +yrs) Five (5)/2.08 days/mo.

** In the event a holiday falls during an employee’s vacation period, the employee shall receive either an additional day off with pay, or the holiday pay.

Section 2. Vacation Period

A. Employees may take vacation at any time during the calendar year after reaching their anniversary date, provided mutual agreement is reached between the

Employer and the employee making such request. Vacation schedule shall be respected.

B. Employees may take their vacation in non-consecutive weeks of the employee’s choice provided mutual agreement is reached between the Employer and the employee.

C. All request for vacation shall be made in writing to the Employer and verified in writing to the employee within thirty (30) working days after the employee submits his/her request, unless the employee makes a request for emergency reasons.

Section 3. Vacation Pay

A. All employees shall receive vacation benefits in accordance with the provisions of this Article.

B. All employees shall receive their vacation paycheck on the regular payday.

C. Each week of vacation pay shall be equal to the employee’s normal weekly earnings at the time the vacation is taken. For the purpose of this paragraph, normal weekly earnings shall be defined as the hourly rate of pay, plus any premium pay which the employee is receiving based on the number of hours the employee regularly works at the lime such employee receives his/her vacation paycheck. In the event an employee has not maintained a regular work schedule during the month preceding that in which he/she receives his/her vacation, vacation pay shall be based upon the employee’s average number of hours over the period since his/her last 30 (thirty) days.

D. Vacation pay for extra employees shall be based upon their average number of hours worked over the period since the previous 30 days.

Section 5. Health and Welfare Pension Contributions for Vacationing Employees

A. The Employer shall make the appropriate payment into the Building Service

Employees Pension Trust Fund on behalf of all the employees who are on vacation. Payments to this Trust Fund shall be based on the hours for which the employee has received vacation pay.

ARTICLE XVI – LEAVES OF ABSENCE

Section 1. Family and Medical Leave

A. The Employer agrees to a maximum of twelve (12) weeks of non-paid leave, or longer, with the consent of the Employer. The employee will periodically inform the Employer of his/her expected return date.

Section 2. Illness or Injury Leave

C. Any employee with at least one (1) year service shall be eligible for a leave (s) of absence up to a period of six (6) months for bona fide illness, accident or injury, and shall be restored to his/her regular job upon presentation of a doctor’s certificate that he/she is able to return to work. For leave eligibility, the employee must produce a doctor’s slip as proof of illness and/or injury.

Section 3. Industrial Illness of Injury Leave

A. Any employee who suffers an industrial injury or illness shall be granted a leave of absence during his/her total period of industrial temporary disability, provided that she/he presents a bona fide doctor’s slip.

Section 4. Bereavement Leave

A. All employees shall be granted three (3) days paid leave of absence when such leave is due to a death in the employee’s immediate family.

The immediate family shall be defined as follows:

1. Father or Mother

2. Brother(s) or Sister(s)

3. Husband or Wife

4. Son(s) or Daughter(s)

Section 5. Military Leave

B. For the protection of the rights and privileges of all men and women who have served in the Armed Forces of the United States, both parties hereto agree to observe the provisions and spirit of that section of the Uniformed Services

Employment and Reemployment Rights Act of 1994 (Title 38, Chapter 43, U.S.

Code Annotated) which provides for the re-employment of veterans.

Section 6. Sick Leave

A. Sick leave benefits shall be paid whenever needed at any time during an employee’s employment year (i.e from one anniversary of employment to another). An employee’s sick leave benefits become available to him/her immediately upon completion of probation.

B. Regular full time employees shall be entitled to take paid sick days at the rate of six (6) sick days for each twelve months of service. Regular part-time employees shall be entitled to take sick days at the rate of six (6) sick days per twelve (12) months, as defined in Section 6, above. Part-time employees sick leave accrual will be based on those part-time employees hours worked. Unused sick leave will be cashed out at the end of every contract year.

C. Sick leave with pay shall be applicable in cases of bona fide illness or injury.

The Employer may require a doctor’s certificate or other reasonable proof of illness from an employee if they are absent for more than two (2) consecutive regularly scheduled days.

D. Sick leave shall be paid promptly and the check stubs, as well as the payroll record, shall be clearly marked as “Sick Leave.”

E. No employee shall be penalized or disciplined for taking sick days.

F. All employees shall receive sick leave benefits with full paid commencing with the first workday’s absence and shall receive full pay for each workday’s absence until the sick leave benefit is depleted. For the purpose of this Paragraph, full pay shall mean pay for the scheduled working hours for those days which the employee would have worked has the disability not occurred.

Section 7. State Disability and Workers Compensation

A. In the event an employee who is ill or injured is entitled to receive State Disability

Insurance payments or Workers' Compensation payments, the sick leave due such employee from the Employer shall be paid in a manner that does not interfere with such employee's receipt of full benefits due him/her from State Disability

Insurance or Workers' Compensation Insurance. The employee is required to furnish the Employer copies of S.D.I. statements received.

B. The Employer shall compute the money value of all sick-leave benefits due such employee at the time he/she becomes disabled and shall pay to the employee each week an amount equal to the difference between the employee's State Disability weekly benefit or Workers' Compensation weekly benefit and the employee's normal weekly pay until the money value of the employee's sick leave benefits is exhausted. Sick leave benefits shall not be accrued while on worker’s compensation leave.

C. In the event the employee returns to work before the money value of his/her sick leave benefits has been exhausted, any remaining money value shall be converted back to days and restored to the credit of the employee for future use or accumulation.

Section 8. Accrual of Seniority While On Leaves of Absence

A. In the event a leave of absence does not exceed one hundred eighty (180) days, the employee’s seniority shall be restored upon his/her return to work.

Section 9. Unpaid Personal Leave

B. Employees with ninety (90) days of service shall be granted unpaid personal leave of absence based on scheduling requirements of the Employer, up to fifteen

(15) days per year. This leave may be extended at the discretion of the

Employer, upon the employee’s written request, in addition to other leaves provided for in this Article.

ARTICLE XVII – JURY DUTY

A. Whenever an employee covered by this Agreement serves on jury duty he/she shall receive a full day's pay at straight-time for each day of jury service up to a maximum of thirty (30) days. The Employer shall not be obligated to pay for such jury duty for more than the difference between what the court pays and the employee’s regular wages. The employee shall receive this pay upon the

Employer’s receipt of court documents reflecting pay for jury duty. If the jury duty exceeds one calendar month, the Employer and the Union may extend the time or pay for the employee called up for jury duty simultaneously, upon mutual agreement.

ARTICLE XVIII – HEALTH AND WELFARE

A. Employer will contribute $4.39/hour paid to employee’s pay checks for health and welfare. Effective on 1 May 2013, and April 1 thereafter as indicated for the anticipated term of the new CBA, the Employer will pay the following increases to health and welfare contributions as follows:

May 1, 2013 April 1, 2014 April 1, 2015 April 1, 2016

$0.08 $0.36 $0.38 $0.42

4.47 4.83 5.21 5.63

ARTICLE XIX – PENSION

A. The Employer agrees to contribute to the National Industry Pension

Trust Fund each month a sum based on a certain cents-per-hour contributions for each hour paid for and/or worked by all employees for the purpose of maintaining the existing Pension Plan. The monthly contribution shall be thirty cents ($0.30) for each hour paid for and/or worked by all employees through the term of the contract.

B. The Employer shall pay on or before the tenth (10th) day of each month the contribution for all hours paid for and/or worked during the preceding month, and shall continue for the life of the

Agreement. Such payments shall be made to the Trustees of the

S.E.I.U. National Industry Pension Fund, 1313 L Street, NW, Washington. D.C. 20005.

C. The payroll records and timesheets of the Employer shall be open for inspection by any authorized representative designated by the

Pension Plan Trustees.

D. If the Employer fails to make any contribution required hereunder, any affected employee or the Union to which Employee belongs acting on Employee’s behalf may, without proceeding through the grievance procedure of this contract, file a suit or action in any court of competent jurisdiction to enforce such contributions, and as a part of the judgment in such suit or action, the court shall award a reasonable amount as arid for necessary attorney fees and court costs.

E. The Employer hereby acknowledges that he agrees to be bound by all of the provisions of that certain Agreement and Declaration of

Trust, dated February 15, 1953, establishing the said Building

Service Pension Plan and further hereby becomes a Party to said

Agreement Declaration of Trust. Employer acknowledges that he has been given a copy of said instrument.

F. The Employer shall comply with all of the provisions of the Pension

Plan and Trust and shall maintain, furnish and make available for audit at the Employer’s Los Angeles office such data and records as the Trustees may required, as provided in the Trust Indenture and

Plan.

G. The Employer hereby authorizes the Union to deposit with the

Pension Plan Trustees, at 1313 L Street, NW, Washington, D.C.

20005, a duplicate original of this collective bargaining agreement which, when so deposited, shall indicate the Employer’s acceptance of the terms of said Trust Indenture and the terms of said Pension

Plan, by virtue of the provisions of this Section and in accordance with said Section 3.01 of Article III of said Trust Indenture.

H. The Employer agrees to pay contribution increases according to the

NIPF Rehabilitation Plan Preferred Schedule, with hourly contributions as follows:

ARTICLE XX – TRAINING AND EDUCATION

Upon the Union’s request, the Employer shall hereby agree to discuss a joint labor/management training program.

ARTICLE XXI – SENIORITY DISCHARGE AND SEVERANCE PAY

Section 1. Seniority

A. For purposes of this Agreement, Seniority shall be defined as the employee's original date of hire with the Employer, or at the job location, whichever is longer, for all employees covered by this Agreement.

B. Seniority shall apply to the selection of openings on the regular shifts, vacation scheduling and selection, layoffs, reductions in staff and reductions in hours, and to promotional opportunities when skills are equal.

C. In the event a promotional opportunity or opening occurs at the employees' job location, the Employer agrees to notify all employees of this new opening.

Further, the Employer agrees that employees working at a job location where a promotional or other opening occurs shall be allowed to bid for the new job opening in accordance with the terms of Paragraph B of this Section.

D. Any employee on layoff shall maintain his/her seniority for a maximum of one hundred twenty (120) days. Any accrued benefits will be paid out at time of layoff.

2013 2014 2015 2016

Hourly base contribution $0.30 $0.30 $0.30 $0.30

Supplemental increase (percent over base)

37.6% 48.3% 59.8% 72.1%

Total hourly liability $0.41 $0.44 $0.48 $0.52

E. If an opening occurs in the job classification at the job location from which the employee has been laid off, the most senior laid-off employee on recall status shall be offered the position prior to it being offered to any other employee.

F. Regular part-time employees shall be entitled to the same seniority protection as regular full-time employees. If extra hours become available, they will be offered first to the regular part-time employees.

G. Seniority for extra employees (also referred to as temporary or on-call) shall be calculated as defined in Paragraph A. Seniority for extra employees shall be utilized for purposes of vacation and sick leave. Seniority for extra employees shall also be utilized in the event of layoffs, reduction in hours, or reduction in staff, provided that extra employees' seniority shall not be utilized to displace any regular full-time or part-time employee. There shall be an on-call seniority list for on-call employees only. Extra employees are defined as those employees utilized and assigned by an Employer to work in place of permanent employees who are on vacation, sick leave, other leaves or otherwise absent, or are assigned in addition to or in lieu of regularly assigned employees at the job location.

Section 2. Discharge

A. No employee shall be reprimanded or discharged without just cause. All reprimands and discharge notices shall be in writing and shall be signed by the

Project Manager. Copies of the reprimand or discharge notice shall be given to the employee reprimanded and to Shop Steward. Each reprimand shall be cancelled after one year. At the discretion of the Project Manager, reprimands may be cancelled at any time before one year.

A system of progressive discipline will be enforced, containing the following steps:

1. verbal warning with written documentation

2. written warning

3. 2 nd written warning

4. Two written warnings within a six-month period may result in a suspension of not more than 10 days.

5. 3 rd written warning

6. Three (3) reprimands within a one-year period may result in immediate discharge.

A copy of all discharge notices will be sent to the local union office.

B. Acts allowing for immediate discharge or just cause for reprimands:

1. Theft of company or government property

2. Unlawful possession of alcohol, illegal drugs or substances on the job.

3. Unauthorized possession of weapons on the job

4. Physical violence to or serious threat of physical violence to any person.

5. Intoxication on the job or utilizing or under the influence of illegal drugs or substances.

6. Refusal to perform a regular work assignment, in their job classification, for other than safety or legal reasons.

7. Willful damage of company property.

8. Falsification of employment application or work records.

9. Sexual, racial, ethnic, or physical disability harassment to any person.

10. Disrespect to Government management Personnel.

C. Just causes for reprimands:

1. Violations of reasonable company rules, provided that such rules are in writing and have been given to the employees and have been agreed to by the Union. In the event the Union and the Employer cannot agree on any of these rules, the Employer may take the case to arbitration.

2. Failure to give the Employer at least four hours advance notice that the employee is unable to report to work, unless the employee can establish extenuating circumstances justifying the failure to give such notice. Proof of extenuating circumstances is the responsibility of the employee and must be submitted in writing within three working days.

3. Tardiness or unauthorized absence unless the employee can establish extenuating circumstances that can be confirmed by the Employer. For an employee to be considered tardy he must be more than five minutes late past his scheduled time for work.

4. Leaving the assigned work site during a shift without the permission of the immediate supervisor, except for unpaid meal periods or unpaid break periods.

5. Eating in other than an authorized area designated by the Employer of the government.

6. Noncompliance with the Employer or government non-smoking policies or smoking in other than an authorized area designated by the Employer or the government.

7. Insubordination.

8. Name-calling or abusive language regarding sex, color, age, race, creed, disability, or nation origin.

D. For a reprimand or discharge notice to be valid it must confirm to all of the requirements of Section A of this Article. Additionally, a valid reprimand or discharge notice must meet respective requirements of Section B and C and must meet the following requirements:

1. All reprimands and dismissal notices must be dated and issued within one

(1) business day.

2. Reprimand and dismissal notices shall state the time, date, and policy that has been violated (i.e. company rules, Collective Bargaining Agreement, etc.)

ARTICLE XXII – GRIEVANCE AND ARBITRATION PROCEDURE

A. In the event of any dispute between the Union and any employees subject to this

Agreement and the Employer with regard to wages, hours, or other conditions of employment under this Agreement, the procedure will be as follows:

B. STEP ONE- The aggrieved party shall discuss the matter with employee’s immediate supervisor with, or without a Union representative being present, as the employee may elect in an attempt to settle the issue. In the event the matter is not resolved within three (3) working days, then within fifteen (15) working days after the meeting with the immediate supervisor, the Union shall reduce the grievance to writing and mail or deliver same to designated Labor Relations representative of the other party.