ATTACHMENT_3__WD_2010-0083_REV._3_(2).pdf

201000833.txt

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

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 2010-0083 Diane C. Koplewski Division of | Revision No.: 3 Director Wage Determinations| Date Of Last Revision: 04/18/2014 State: Arizona

Area: Arizona County of Pima Employed on DECA contract for shelf stocking, custodial, and receiving/storage/holding area operations at the Davis-Monthan Commissary:

Collective Bargaining Agreement between E&S Diversified Services, Inc. and Motion Picture and Video Tape Laboratory Technicians, Allied Crafts and Government Employees, Local 780 effective June 1, 2014 through May 31, 2017.

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

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ATTACHMENT 3

AGREEMENT BETWEEN

E&S DIVERSIFIED SERVICES INC.

DAVIS MONTHAN AFB

ARIZONA

AND

LOCAL UNION NO. 780

MOTION PICTURE AND VIDEO TAPE

LABORATORY TECHNICIANS, ALLIED CRAFTS

AND GOVERNMENT EMPLOYEES

June 1, 2014

TO

May 31, 2017

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TABLE OF CONTENTS

1. RECOGNITION

2. SCOPE

3. INDIVIDUAL AGREEMENTS

4. SUCCESSORS, ASSIGNEES, LEASEES

5. MINIMUM CLAUSE

6. BARGAINING UNIT WORK JURISDICTION

7. SENIORITY

8. POLYGRAPH TESTS

9. BULLETIN BOARD

10. NOTIFICATION

11. JOB REFERRAL

12. JOB BIDDING AND POSTING

13. NO DISCRIMINATION

14. UNION SECURITY

15. CHECKOFF

16. MEETINGS

17. PAY DAYS

18. TIME RECORDS

19. FREE WORK PROHIBITION

20. WORK SCHEDULE

21. WORKING HOURS AND OVERTIME

22. SPLIT SHIFTS

23. REPLACEMENT AND ADDITIONAL HOURS CALL-IN

24. AVAILABLE AND ADDITIONAL HOURS

25. LUNCH PERIOD

26. REST PERIOD

27. HOLIDAYS

28. VACATIONS

29.HEALTHINSURANCE

30. INJURED ON THE JOB

31. SICK LEAVE

32. LEAVES OF ABSENCE

33. PROMOTION

34. STORE VISITS

35. SAVINGS CLAUSE

36. PICKET LINE CLAUSE

37. SHOP STEWARDS

38. DISCHARGES AND SEVERANCE NOTICE

39. WARNING NOTICES

40. GRIEVANCE

41. ARBITRATION

42. PENSION PROGRAM

43. NEW UNITS

44. SALARY RATES FOR NEW OR REVISED

45. TERM OF AGREEMENT

IN WITNESS WHEREOF

SCHEDULE "A"

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COLLECTIVE BARGAINING AGREEMENT

LOCAL 780, MOTION PICTURE AND VIDEO TAPE LABORATORY TECHNICIANS,

ALLIED CRAFTS AND GOVERNMENT EMPLOYEES, hereinafter collectively referred to as "the Union", and E&S DIVERSIFIED SERVICES, Inc. at Davis Monthan AFB, AZ hereafter referred to as "the Employer", have agreed as follows:

ARTICLE 1. RECOGNITION

1.1 Employer recognizes LOCAL 780, MOTION PICTURE AND VIDEO TAPE

LABORATORY TECHNICIANS, ALLIED CRAFTS AND GOVERNMENT

EMPLOYEES as the sole Collective Bargaining Agent for all Employees within the scope of this Agreement.

ARTICLE 2. SCOPE

2.1 All Employees of all present and future commissary stores and warehouses located at Davis Monthan AFB, AZ including all Employees in said stores or warehouses who are actively engaged in the handling of merchandise, products, or services or the performance of other services for the Employer incidental hereto including janitorial, excluding confidential, and supervisory Employees as defined in the National Labor Relations Act as amended.

2.2 During the term of this Agreement and any extensions hereof, neither party shall be obligated to bargain collectively with respect to any matter unless specifically required to do so by the express terms of this Agreement.

2.3 The Employer retains all rights not surrendered herein to manage, control, operate or regulate its business and its work force including, but not limited to, the right to schedule work and time off as it sees fit.

ARTICLE 3. INDIVIDUAL AGREEMENTS

3.1 The Employer agrees that no Employee shall be compelled or allowed to enter into any Agreement individually or collectively, verbally or in writing, which in any way conflicts with the terms and provisions of this Agreement.

ARTICLE 4. SUCCESSORS, ASSIGNEES, LEASEES

4.1 This Agreement and any supplements or amendments thereto, hereinafter referred to collectively as "AGREEMENT" shall be binding upon the parties hereto, their successors, administrators, executors and assignees. In the event the Employer's business is, in whole or in part, sold, leased, transferred or taken over by sale, lease, assignment, transfer, receivership or bankruptcy proceeding, such business and operation shall continue to be subject to the terms and conditions of this Agreement for the life hereof.

4.2 It is understood by this provision that the parties here shall not use any leasing or other transfer device to a third party to evade this Agreement. The Employer shall give notice of the existence of this Agreement and this provision to any purchases, transferee, lessee, assignee, etc., of the business and operation covered by this Agreement or any part thereof. Such notice shall be in writing with a copy to the Union at the time the seller, transferor, or lessor, executes a contract of transaction as herein described. The Union shall be advised of the exact nature of the transaction, not including financial details.

ARTICLE 5. MINIMUM CLAUSE

5.1 The wages, hours and working conditions established in contract will be the minimum allowed. The Employer may place superior wages, hours or working conditions into effect upon notification to the Union.

ARTICLE 6. BARGAINING UNIT WORK JURISDICTION

6.1 Only members of the bargaining unit and Project Manager shall handle or stock merchandise, or perform janitorial services in the service contract area.

6.2 In the event of violation of this section, the most senior Employee working in that classification at the time of the violation shall receive four ( 4) hours straight time pay or straight time pay in the amount of actual time spent in such violation, whichever is greater. If more than one (1) person is involved in the violation, the two (2) senior Employee(s) shall receive the violation pay.

ARTICLE 7. SENIORITY

7.1 The Employer agrees to recognize the seniority of each individual employed under the terms of this Agreement. Seniority shall be at this commissary with the Employer within the County of Pima, and shall date from the individuals most recent date of employment with the Employer, except as provided below.

7.2 Employer has the right to discharge any employee employed for the first time subsequent to the date of this Agreement during the first 90 days of employment with or without cause. Otherwise, the Employer has the right to discharge or otherwise discipline an Employee for just cause.

7.3 Employees shall not attain seniority until ninety (90) days, after employment.

Initially, seniority shall be defined as the individuals length of service with the U.S. Government service contract vendors providing service in the area of commissary stocking or janitorial work effective June 151

' 2014 for Employees hired on or after that date, seniority will revert to the Employees date of hire except as provided below. Seniority ranking for Employees commencing employment on the same date shall be determined by the day and month of birth.

The Employee whose month and date of birth is closest to January 1, within the calendar year, shall have the greatest seniority. If an Employee is returned to work after an approved leave of absence or in accordance with Leave of Absence, Article 33, layoff of less than six (6) months, the seniority of such Employee shall not be broken by such illness or layoff.

7.4 The Employer and the Union agree that seniority in the Local/Contract shall govern in layoffs (last hired, first laid off), reduction of hours, holidays, Sunday work, vacation and available hours including overtime hours available and rehiring employees who have been laid off due to lack of business will be rehired in accordance with seniority.

7.5 Seniority, merit and ability being equal, shall prevail per job classification in case of layoff, increasing of hours and decreasing of hours, increasing or reduction of the workforce, holidays, vacation and including overtime hours available. The youngest Employee(s) in point of service shall be the first reduced to layoff before a senior Employee is reduced in hours, merit and ability being equal. In case of recall, the oldest Employee in point of service laid-off, shall be the first reinstated, merit and ability being equal. All layoff time shall be credited as accumulated service to the Employee affected.

7.6 Involuntary and voluntary transfers: The Employer will first seek volunteers to meet the short term (less than ten (1 0) working days) needs of the business with the following limitations and under the following conditions:

A. No Employee shall be involuntarily transferred outside of their job classification.

B. In the event a transfer is required outside of the job classification, the Employer will first seek volunteers. In the event, no volunteers apply for a transfer; the Employer will secure a new Employee to fill the job.

7. 7 Recall after layoff shall be achieved by notice directed by, certified or registered mail to the Employee's last known address as furnished by him to the Employer.

Employees must report to work within seventy-two (72) hours (or such longer period as may be specified by Employer) after received of such notice or lose their seniority.

7.8 The company agrees to post seniority lists by job classification each quarter of the year. Unless challenged within thirty (30) days to the company office in writing, such list of the seniority will be considered a correct seniority list of the Employees affected. A copy will be supplied to the Union's Business Manager.

7.9 Claims respecting seniority shall be processed under the grievance and arbitration hereof and settlement awards may include reinstatement with back pay.

7.10 Loss of Seniority: No Employee shall suffer loss of seniority unless he:

A. Is discharged for just cause;

B. Resigns or voluntarily quits;

C. Is absent from work for six (6) consecutive months due to layoff;

D. Fails to return to work upon completion of a leave of absence as defined in Article 32.

E. Fails to report for work when recalled as provided in Article 7. 6 of this Agreement.

7.11 Employees desiring available or additional hours, shall notify the site Manager in writing. The Employer shall utilize such requesting to give additional hours by seniority and when possible.

ARTICLE 8. POLYGRAPH TESTS

8.1 The Employer agrees that it will not require any Employee or prospective Employee to take a polygraph (lie detector), voice stress or any other similar test as a condition of employment or continued employment.

ARTICLE 9. BULLETIN BOARD

9.1 Union bulletin board will be provided for posting of Union business notices. Such notices will be limited to notices official Union business. The Bulletin Board will be located in an area accessible to all Employees and its postings are not to be obscured.

ARTICLE 10. NOTIFICATION

10.1 The Employer will notify the Union in writing, by email or fax, within ten (10) calendar days when new regular or new part-time Employees are hired or terminated. The Employer shall provide the Employee's full name, social security number, job classification, rate of pay, address, telephone number, cell number and email address.

AR1"1CLE 11. JOB REFERRAL

11.1 Unemoloved List: The union agrees to keep an up to date list of known unemployed with an accurate record of their experience or training, and the employer agrees to notify the union of vacancies in positions or job openings within the classifications covered by this agreement in order that the unemployed on the aforementioned list may be provided with a full opportunity to fill such vacancy. Employer has the right to hire from any source.

11 .2 Registrations: The union agrees to accept registrations for employment upon each list so maintained, and to dispatch applicants for employment from said lists for vacancies or job openings with the employer in accordance with his specification and this agreement.

11.3 So long as union supplies employer with appropriate forms, postage prepaid, employer will notify the union in writing within five (5) calendar days when new regular or new part-time employees are hired or terminated.

ARTICLE 12. JOB BIDDING AND POSTING

12.1 Vacancies and New Position Openings: The existence of any permanent vacancy or new position within the bargaining unit shall be posted on the Bulletin Board. The posting will contain information as to job classification, requirements, qualification, job descriptions, department in which job is located, shift, pay rate and posting termination date. A copy of which will be submitted to the Union.

The notice shall be posted for ten (1 0) working days exclusive of the day of posting.

12.2 Applications:

A. Applications shall be submitted in writing by Employees within the bargaining unit and must be received by the Employer no later than the close of the day the posting terminates. The Employer will immediately issue a receipt for said application with a copy to the Union at the end of the posting period.

B. The Employer will fill vacancies based on seniority, merit and ability being equal, and qualifications by the following priority: First Employees from the department or classification in which the vacancy exists, second the Employees from other classifications performing or having performed similar job functions, third from other Employees from the bargaining unit, and fourth other applicants.

C. Filling of Vacancy • Time Limit: All vacancies filled by posting shall be filled within fifteen (15) days of the date of job was posted on the bulletin board. The Union will be notified of the person selected to fill the job vacancy.

D. Temporary Filling of Vacancy: The Employer may temporarily fill a vacancy between the time the vacancy occurs and the time the appointment is made. In no event shall the temporary filling of a vacancy be for more than ten (10) days, unless agreed to by the parties.

E. Failure to Qualify for Job: An Employee who fails to have the ability to handle a job obtained through job posting or who desires to return to his previous position during a thirty (30) working day period, shall return to his former job classification and rate of pay and department seniority. It is understood that Employees will be trained during the above time period.

ARTICLE 13. NO DISCRIMINATION

13.1 No Employer shall discriminate against any Employee or applicants because of Union activity or membership.

A. In accordance with the policies of the Company and the Union, the Company will recruit, hire, train, and promote persons in all job groups without regard to race, color, religion, age, gender, sexual orientation, national origin, or physical, mental disability or handicap in accordance with the current Federal EEOC requirement;

or disability unrelated to performance of essential function of the job.. All personnel actions, such as Company-sponsored social and recreational programs, will be administered without regard to race, color, religion, age, gender, sexual orientation, national origin, physical or mental disability.

B. Americans With Disability Act: When the Employer determines that the seniority or other provisions of this Agreement conflict with the "Reasonable Accommodation" or other provisions of The Americans with Disabilities Act (ADA), the Employer and Union agree to meet in good faith effort to reasonably accommodate the disabled Employee.

13.2 When the gender term "he" or "she" is used within this Agreement, it is for explanatory purposes only and does not refer to the actual sex of any person.

ARTICLE 14. UNION SECURITY

14.1 All Employees, upon hire, shall be informed that the Union is the sole and exclusive collective bargaining agency for the Employees in the bargaining unit and, accordingly, they will be represented by the Union. They will be referred to the appropriate Union representative for information as to membership, check-off of Union dues and will be given a copy of the Collective Bargaining Agreement.

14.2 It shall be a condition of employment that all Employees of the Company covered by this Agreement who are members of the Union in good standing on the effective or execution date of this Agreement, whichever is later, shall remain members in good standing and those who are not members on the effective or execution date of this Agreement, whichever is later, shall on the thirty-first (31st) day following the effective or execution date of this Agreement, whichever is later, become and remain members in good standing in the Union. It shall also be a condition of employment that all Employees covered by this Agreement and hired on or after its effective or execution date, whichever is later, shall on the thirty-first (31st) day following the beginning of each employment, become and remain members in good standing in the Union. Alternatively, within the same period set forth above, agency shop status is available which will require the payment of an amount of money equal to that paid as regular and usual dues to the Union (including an amount equal to the Union's general and uniform assessments which are part of dues as is permitted by law). These provision s shall not apply in any location where they are prohibited by any law, until such time as the prohibition is repealed. Membership status shall not effect the continuing obligation of signed check offs.

ARTICLE 15. CHECKOFF

15.1 Upon receipt of an Employee's written authorization, the Employer shall deduct from the gross wages paid of each Employee, the Union's standard and working dues assessment or its equivalent on each payday. Such monies shall be transmitted to the Union's office, along with the name of each Employee and the number of hours worked per week and the gross amount of wages paid to that Employee for the pay period for which the deduction is being made.

15.2 Such a check-off shall be based on all W-2 income and shall be irrevocable for more than one year, or beyond the termination date of this Agreement, whichever occurs sooner providing that written notice be received by the Union and the Company by registered mail received during the ten day period prior to the end of any such applicable yearly period or during the ten day period prior to the termination date of any applicable collective bargaining Agreement, whichever occurs sooner. The Union agrees to hold the company free from all liability in connection with dues collections except for ordinary diligence and care in transmittal of the monies to the Union.

15.3 Employees who fail to pay an amount of money equal to that paid as regular and usual dues to the Union (including an amount equal to the Union's general and uniform assessments which are part of dues), and/or any member who fails to maintain his membership in good standing, shall forfeit the right of continued employment. Accordingly, the Employer shall discharge such Employee within seven (7) days of being notified by the Union in writing as to the failure of said Employee to maintain such payments. The requirements of maintaining a membership shall be consistent with State and Federal Law.

15.4 The Employer shall advise the Union of the employment of Employees subject to this Agreement, setting forth the Employee's name, residence address, date of employment, and classification of work assigned. Said notice shall be given with seven (7) days of the hiring of the Employee.

ARTICLE 16. MEETINGS

16.1 Time spent by Employees in the attendance of company or store meetings or training shall be compensated at straight or overtime rates of pay as provided in this Agreement, whichever of such rates shall be applicable.

16.2 Non mandatory meetings or training shall not be compensable.

ARTICLE 17. PAY DAYS

17.1 Shall be semi-monthly, current practice 1 01

h and the 251 h day of month.

17.2 Employees shall receive their checks on the next business day should a pay day fall on Sunday or Holiday.

ARTICLE 18. TIME RECORDS

18.1 The Employer agrees to keep records of time worked by all Employees in such a manner as is prescribed by the applicable provisions of the Fair Labor Standards Act, whether or not that Act actually applies to the Employer.

18.2 The Employer shall utilize the time clock that will be used for the purpose of keeping accurate records of the hours worked by each Employee. Any alterations will be made in different colored ink and initialed by the Manager and the affected Employee.

18.3 Upon request, the Employer shall permit the Union to examine the payroll records of the Employees in the bargaining unit at reasonable times during the regular scheduled working hours.

18.4 Under no circumstances is an Employee permitted to clock in or out for another Employee. Any Employee found by management, the Employees, or the Union to be engaging in such unauthorized practice shall be subject to discipline, which may include termination. If Employees clock in or out incorrectly, the Employee must consult the Manager for correction.

ARTICLE 19. FREE WORK PROHIBITION

19.1 There shall be no "Free" or "Time-off-the-clock" work practices under this Agreement.

ARTICLE 20. WORK SCHEDULE

20.1 Work Schedule: The Employer shall post in ink or other permanent means, in each store, the current work schedule for all Employees. The schedule shall be posted by no later than Thursday, 9:00 P.M. of the week preceding the scheduled workweek. All starting time and days off for the week shall be posted on the schedule. Work schedules shall be maintained in the store for a three (3) month period of time, and shall be made available to an authorized representative of the Union for examination upon request. Schedules must be posted on the bulletin board. The work schedule shall not be changed except in case of illness, accidents, acts of God, and the mutual consent of the parties, any mutual changes shall be initialed on the schedule by the Manager and the Employee. Employees will not be scheduled for more than Five (5) consecutive days of work, unless requested in writing by the Employee and agreed to by Employer.

20.2 The most senior Employees will be scheduled for the most available hours during a workweek within his/her job description.

ARTICLE 21. WORKING HOURS AND OVERTIME

21.1 Work Day: A day's work shall be constituted by the hours posted on the work schedule.

21.2 Employees will be paid time and one-half (1 1/2) their average rate of pay for work in excess of forty (40) hours per week.

ARTICLE 22. SPLIT SHIFTS

22.1 There shall be no split shifts.

ARTICLE 23. REPLACEMENT AND ADDITIONAL HOURS CALL-IN

23.1 Call-in hours are defined as replacement hours occasioned by the absence of an Employee. The Employer will make a reasonable effort to call in Employees in accordance with seniority.

23.2 Call-In Procedures:

A. The Employer will provide its current telephone numbers to the Employees.

ARTICLE 24. AVAILABLE AND ADDITIONAL HOURS

24.1 Available hours shall be defined as work hours posted on the weekly work schedule, plus additional work hours added after the work schedule is posted.

ARTICLE 25. LUNCH PERIOD

25.1 Employees working six (6) hours or more per day shall be scheduled for a one half (1/2) hour lunch break to begin no earlier than three (3) hours after the beginning of their shift, or no lunch as mutually agreed. In case of an eight (8) hour shift, the lunch break shall be scheduled no earlier than three (3) hours, after the beginning of the shift and not later than five (5) hours after the start of the shift.

ARTICLE 26. REST PERIOD

26.1 Employees working more than seven hours in a work day shall be given two (2) ten (1 0) minute rest periods during the work day, one in the first part of the day and the other in the second part of the day. Employees working less than seven

(7) hours in a work-day shall be given one (1) ten (1 0) minute rest period during such work day. No rest period shall be scheduled until the Employee has worked at least two (2) hours. If an Employee is scheduled to work two (2) hours or more overtime beyond the end of his regular straight time shift, he shall be given an additional ten (10) minute rest period at the end of his regular straight time shift.

26.2 Employees shall not take their rest period in conjunction with their lunch.

ARTICLE 27. HOLIDAYS

27.1 The Employer agrees to observe the following holidays. The below holidays shall be paid holidays:

New Years Day President's Day Independence Day Columbus Day Thanksgiving Day

Martin Luther King Day Memorial Day Labor Day Veterans Day Christmas Day

27.2 All Employees, who have worked a minimum of thirty (30) days for the Employer, shall receive holiday pay pro-rated. Holiday pay shall be determined by the number of hours that an Employee receives during the work-week prior to the recognized holiday. Holiday pay shall be calculated as follows: hours worked prior to the week of the holiday divided by forty (40) times eight (8) equals holiday hours. Providing they work their regularly scheduled work-day preceding and following the holiday, authorized absence shall not deprive an Employee of holiday credits established herein.

27.3 It is understood and agreed that holidays not worked shall not be considered as days worked for the purpose of computing weekly overtime.

27.4 If any of such holidays occur within an Employee's vacation period, the Employee shall be given, at the Employee's option, an extra day off with pay or an extra day's pay.

27.5 Time worked on any of the holidays described above shall be compensated at the Employee's basic or straight time hourly rate and such pay shall be in addition to any holiday pay to which the Employee may be entitled.

ARTICLE 28. VACATIONS

28.1 All Employees are entitled to receive a paid vacation with the pay being based on the number of hours the Employee worked in the year preceding the Employee's anniversary date of hire divided by 2,080 hours. Illustratively, an Employee who worked 520 hours during the twelve months preceding the Employee's anniversary date would receive 520/2,080 x 40 = 10 hours of a one week paid vacation x the Employee's average wage per hour during the same twelve month preceding period. The number of weeks of vacation shall be determined by the schedule set forth below.

28.2 After one (1) year of continuous government service contract employment at the Davis Monthan AFB, two (2) weeks of paid vacation, following the Employee's first anniversary date of employment.

28.3 After five (5) years of continuous government service contract employment at the Davis Monthan AFB, three (3) weeks of paid vacation annually following the Employee's fifth anniversary date of most recent employment.

28.4 After fifteen (15) years of continuous government service contract employment at the Davis Monthan AFB, four ( 4) weeks of paid vacation annually following the Employee's fifteenth anniversary date of most recent employment.

28.5 Vacation earned shall be calculated by dividing the total hours worked during an Employee's anniversary year by 2080 hours and multiplying the result by the number of vacation hours a full time Employee would receive for years worked.

28.6 Employees who have earned a vacation shall receive their pay in advance, if requested at least four (4) weeks in advance of their scheduled vacation period.

28.7 Vacation shall be taken at any time during the year in which an Employee is entitled to a vacation. Vacation week(s) shall be selected by April 1 of each calendar year by the Employees in accordance with seniority. Vacation week(s) not selected by April 1 shall then become on a first come first serve basis.

Vacations shall not be selected more than one (1) year in advance.

28.8 All vacations must be taken within an Employee's anniversary year and may not be accumulated from one anniversary year to the next. Employees must take their vacations--not money in lieu of their vacations.

28.9 Any unused vacation time shall be lost.

Use of the term "Week"; is to be understood as "7 days", Sunday through Saturday.

ARTICLE 29. HEALTH INSURANCE

29.1 The parties agree that the Employer may select the health insurance provider.

The Employer is considering choosing Local 780 Welfare Fund. If the Employer chooses the Local 780 Welfare Fund then the Employer will participate in that fund for a minimum of two years or until the end of the current contract with the Government, whichever occurs first. Whether Employer chooses the Local 780 Welfare Fund or another benefit provider, the language in this Agreement regarding probationary period of Employees and eligibility for coverage shall control Employer's obligations to make payments and the contribution rates shall be as defined in this contract including Schedule "A". If the Employer elects to use a benefit provider other than Local 780 Welfare Fund then the Union shall have the right to verify that the required payments are being made. In no event shall an alternative health care plan selected by the Employer provide benefits less than those provided in the Local 780 Welfare Fund. The Employer shall provide at least ninety (90) days written notice to the Union and to all bargaining unit employees prior to changing insurance coverage as said right is stated herein. Within the notice period, the Employer and the Union shall meet for the purposes of discussing the purposes of the proposed change which stated change may be withdrawn by the Employer.

In order to be eligible for the benefits, the Employee must comply with the following:

1. An Employee must complete a 90-day probationary period before becoming eligible for the Health and Welfare benefit;

2. After completing the probationary period, an Employee must work at least one hundred twenty (120) hours in a month to be eligible for and earn the Health and Welfare benefit. Eligibility for the benefit will occur on the first day of the second month following the month in which Employee worked 120 hours. For example, a non-probationary Employee who receives 120 hours or more of compensation for the month of January will be eligible for this benefit in the month of March only. The Employee is eligible for and shall receive the benefit even if the Employee is no longer employed when the benefit is due.

29.2 Should the Employer chose Local 780 Welfare Fund, the Employer agrees to execute all documents to support contributions to the Local 780 Welfare Fund.

The Employer shall contribute to the Local 780 Welfare Fund then current rate for all covered Employees as listed in Schedule "A". The parties agree to be bound by all of the terms and provisions of the Local 780 Health and Welfare Fund Agreement and Declaration of Trust and any current or future amendments. The Employer agrees to accept the current members of the Board of Trustees, the successor Trustees and to be bound by all acts that the Trustees perform pursuant to said Trust Agreement.

29.3 Absence from work by bargaining unit Employee(s) by reason of paid vacation, paid holiday, approved family leave of absence, paid sick leave, paid bereavement leave (or for any other purpose resulting in W-2 pay) shall be considered as time worked for the purpose of this Article and contributions shall be made for such Employees. Contributions will be made on all compensable hours.

29.4 Should the Employer chose Local 780 Welfare Fund, in the event the Employer becomes delinquent in payment of contributions owed to the Fund for two (2) or more consecutive months, and the Union, has so notified the Employer by certified or registered mail, or personal service of the written notice, and the Employer does not then make the required payments due and owing within five

(5) working days, the Union may then take whatever economic action it may deem necessary nothing in this Agreement shall be deemed to be contrary or shall prohibit such action. In the event the Union undertakes such economic action against the Employer, those Employees engaged in that action and who report to the commissary lunch/break room and if such is not available then report to the gate through which the employees would normally enter to go to the commissary. Employees shall suffer no loss of pay, but shall continue to be paid their average number of hours for the preceding month until such time as the Employer has paid in full the monies due and owing to the respective Trust.

29.5 Should the Employer chose Local 780 Welfare Fund, contributions to the Local 780 Welfare Fund shall be due and payable on or before the fifth (5th) day of each month following the month in which the contributions are due under this Agreement and shall become delinquent after the twenty-fifth (25th) of said month, and the Employer's failure to make such payment shall be a violation of this Agreement. All dues deducted from employees' paychecks are due under this Agreement and shall become delinquent after the twenty-fifth (25th) of said month, and the Employer's failure to transmit said monies shall be a violation of this Agreement.

29.6 It is agreed that the Local 780 Welfare Fund shall comply with all applicable Federal and State laws.

29.7 The obligations to make the contributions shall continue during the period when the Collective Bargaining Agreement is being negotiated.

ARTICLE 30. INJURED ON JOB

30.1 An Employee who is injured on the job and is required to leave his work to receive medical attention or hospitalization shall receive full pay for that day, based on the daily average hours from the previous pay period.

ARTICLE 31. SICK LEAVE

31.1 Effective with the commencement of this Agreement, upon approval of the immediate supervisor, an Employee who has been employed by the company for six (6) months or more after commencement of this Agreement shall be paid for absence due to personal illness at the Employee's basic rate of pay. Employees will receive one-half day sick leave per month based on the average hours worked per day from the previous month. Employees will be entitled to earn up to six (6) days sick leave per year.

31.2 Sick leave must be earned by employment with the Employer. One-half (1/2) day's sick leave pay will be computed on the basis of average compensable hours on the previous four (4) weeks of the Employee's daily hours of work and paid at the Employee's regular straight-time rate of pay.

31.3 Annual Bonus: By not later than December 10th of each annual year, each employee will receive as a bonus in the amount of pay for all unused sick leave unpaid over and above the minimum escrow amount of one day's average earnings for the year. Un-used sick leave paid as Incentive bonus shall be calculated on the gross hours paid for the qualifying year (December 1st through November 30th) divided by fifty-two (52) weeks and divided by five (5) days to determine the average daily hours. To be eligible for Incentive Bonus, employee must be actively employed through December 1 of the annual year. Employees who terminate prior to December 1 of the annual year will forfeit any and all sick leave pay earned, accrued or escrowed. Compensable sick leave and vacations shall be included in these calculations.

31.4 Sick leave pay to the extent it has been earned shall begin on the first (1st) day of illness or accident, and shall continue for each regular scheduled work day which said Employee misses because of said disability until the Employee's accumulated sick leave benefits have been exhausted.

31.5 Sick leave benefits will be paid only with respect of a work day on which the Employee would have otherwise worked, and will not apply to any Employee's scheduled day off, holidays, vacations or any other day on which the Employee would not have worked.

31.6 Sick leave pay, to the extent it has been earned, will be integrated with payments under any Federal or State Workers' Compensation program. Employer paid Health and Welfare program or other Disability program to which the Employer contributes, so as not to permit the Employee to receive more than the equivalent of the forty (40) hours pay for any week in which the Employee is off work.

31.7 A doctor's certificate or other authoritative verification of illness or accident may be required by the Employer, and if so, must be presented by the Employee prior to return to work if requested by the Employer. Any Employee found to have abused sick leave benefits by falsification or misrepresentation shall thereupon be subject to disciplinary action, which may include termination.

ARTICLE 32. LEAVES OF ABSENCE

Employees employed by the Employer shall be entitled to written leave of absence for the following reasons:

32.1 Illness or injury, including pregnancy, of the Employee is required to fill out leave of absence from work. Such absence shall be for a period of up to thirty (30) days. Leaves of absence can be resubmitted every thirty (30) days up to six (6) months.

32.2 An Employee upon becoming pregnant shall be granted a leave of absence.

Such leave will commence as of the date the doctor decided the Employee should no longer work and will expire as soon after the termination of pregnancy as the Employee's doctor shall decide that the Employee may safely return to work. In no event shall the total leave exceed one (1) year.

32.3 Military service by the Employee.

32.4 Employees who are elected or appointed to a full-time position with the Union, upon proper notice shall be granted a leave of absence without pay and without loss of seniority earned in the bargaining unit. Upon thirty (30) days' notice of their desire to return to work for the Employer, such persons shall be placed upon their jobs previously held, or one of equal pay, provided they are capable of performing the work. It is understood that there shall be no accrual of seniority during the aforementioned leave of absence.

32.5 Employees who accept a position with management outside the bargaining unit shall be placed on leave of absence. In the event such Employees are returned to work in the bargaining unit they shall retain the seniority formerly earned in the unit but shall not accrue seniority during the absence.

32.6 Personal leave, not to exceed three (3) months. The Employer agrees to provide family leaves of absence, as prescribed by the Family and Medical Leave Act.

32.7 Any other reason acceptable to the Employer, not to exceed six (6) months.

32.8 Upon return to work from a leave of absence, the Employee shall be restored to the job previously held, hours scheduled or to a job comparable with regard to work and rate of pay. Upon notice of the Employee's availability for work prior to P.M. Wednesday of any week, the Employee shall be restored to work to begin not later than Monday following the giving of such notice. If the notice of availability for work is given after Wednesday, P.M. of any week, the Employer is required to schedule the Employee on the schedule prepared for the following week, and the Employee will begin work the Monday thereafter.

32.9 The Employee must be qualified to resume his/her regular duties upon return to work from an approved leave of absence. A doctor's certificate verifying the Employee is able to resume his normal duties may be required by the Employer.

32.10 Any Employee proving to falsify leave of absence will be subject to immediate termination.

32.11 All leave of absence are to be requested in writing and shall state 1) the reason,

2) date leave is to begin, 3) expected date of return to work. Leave of absence shall be granted in writing.

32.12 BEREAVEMENT LEAVE

The employer agrees to give time off to all employees for necessary absence on account of death in the immediate family up to as required, but not to exceed three (3) scheduled work days at straight time pay, pro-rated to be determined by number of hours which the employee averages during the normal work week for the four ( 4) weeks immediately preceding the leave to begin. Employer can request certified documentation.

The term "Immediate Family" shall mean spouse, parents, child, brother, sister, father-in-law, mother-in-law, grandparents, grandchildren, step-parents, step children, grandparents-in-law, son-in-law, daughter-in-law, foster children, brother-in-law, sister-in-law or any relative residing with the employee or with whom the employee is residing.

Extended Bereavement Leave: Extended bereavement leave as vacation or as leave without pay may be granted, if requested, after funeral leave pay ceases.

ARTICLE 33. PROMOTION

33.1 Where an Employee who has been promoted to management is unable to perform the duties of the higher classification, he shall have the right to be demoted to his former or equivalent position without loss of seniority, and his right to such employment shall not be jeopardized by reason of such demotion.

ARTICLE 34. STORE VISITS

34.1 Representatives of the Union shall have the right to contact Employees during the store hours as long as such contacts shall not interfere with the duties of the Employees, and as long as the management has been advised of their presence on the premises, before any Employees can be contacted. Subject to existing security regulation, the Business Manager or other authorized representative of the Union shall have access to the Company's work areas during working hours for the purpose of investigating grievances, complaints or matters arising out of the application of the Agreement and for the purposes of attending grievance meetings.

ARTICLE 35. SAVINGS CLAUSE

35.1 The provisions of this Agreement are deemed to be separable to the extent that if and when a court of last resort adjudges any provision of this Agreement in its application between the Union and Employer to be in conflict with any law, such decision shall not affect the validity of the remaining provisions of this Agreement; but such remaining provisions shall continue in full force and effect provided further, that in the event any provision or provisions are so declared to be in conflict with a Jaw, both parties shall meet within thirty (30) days for the purpose of re-negotiating an Agreement on the provision or provision so invalidated.

ARTICLE 36. PICKET LINE CLAUSE

36.1 Notwithstanding any other provision of this Agreement to the contrary, it shall not be a violation of this Agreement for any person covered by this Agreement to refuse to cross any picket line, to work behind any picket line. Any such refusal shall not constitute grounds or cause for discharge, layoff, demotion, suspension or any other disciplinary action by the Employer.

ARTICLE 37. SHOP STEWARDS

37.1 The Union shall have the right to appoint Shop Steward( s) in the store, who shall be recognized by the Employer as having authority to report irregularities in interpretation or application of this Agreement to the Union and to assist the staff of the Union in the adjustment of grievances. Said Shop Steward(s) shall not be discriminated against for discharging duties assigned by the Union, it being understood that performance of such duties shall not materially interfere with performance of the Employee's normal duties. Employer will supply Project Manager's cell phone number to Shop Steward and Union Business Manager.

37.2 During their terms of office all duly appointed Union Stewards will have top seniority for purposes of layoff as long as they are capable of performing the work then available. Alternate Stewards shall have no super seniority under this provision. The Shop steward will receive the most available hours in their job classification.

ARTICLE 38. DISCHARGES AND SEVERANCE NOTICE

38.1 This article will be in compliance with Article 7 and Article 39. Employer agrees to give the effected Employee the reasons in writing for discharge on request. If such request is made, a copy of the reasons shall be given to the Union.

38.2 In the event of layoffs or discharges attending a reduction of force, each Employee to be so laid off or discharged shall be given notice within seventy-two

(72) hours after notification from the DECA contracting office to Employer. The Employee shall be given his vacation pay, then due.

38.3 If any Employee gives two (2) weeks' notice of voluntary quit, they shall be allowed to work for that period provided they continue to perform satisfactorily.

Unsatisfactory performance shall be subject to the grievance procedure.

ARTICLE 39. WARNING NOTICES

39.1 The Employer will not impose any form of discipline without just cause. If just cause exists, the following formula of progressive discipline shall be applied for each infraction except on the job infractions of dishonesty; theft; drunkenness;

fighting; possession, use, or sale of illegal drugs; endangering the safety of other persons; working off the clock; gross insubordination, or directives by the Government:

Verbal warning (Employee, informal and may be reduced to writing at Managers discretion).

A. Written warning (Copy provided to Employee)

B. Written Interview (Copy provided to Employee, HR Business Manager, Retained for 12 months)

C. Suspension (Copy provided to Employee, HR, Business Manager, Retained for 12 months)

D. Discharge. (Copy provided to Employee, HR, Business Manager)

39.2 The warning notices as herein provided shall not remain in effect for a period of more than one (1) year, except that written warning notices for sexual harassment or other equal employment opportunity violations will be permanent.

39.3 Employee can notify a representative of the Union to be present at each Step C.

and D. above of the disciplinary procedure.

39.4 The failure of the Union to protest any constructive action issued an Employee shall not be deemed as an admission on the part of the Union or the Employee as to the truth of the content of such warning or the propriety of its issuance.

39.5 Warnings must be issued within five (5) days of the offense.

39.6 Employees who do not come in on their scheduled work day, and who have not informed their supervisor or project Manager prior to their clock-in time that they are going to be absent, will be considered to have abandoned their position, as a voluntary quit.

ARTICLE 40. GRIEVANCE

40.1 For the purpose of this Agreement the term "Grievance" means any dispute between the Employer and the Union, or between the Employer and any Employee concerning the effect, interpretation, application, claim of breach or violation of this Agreement. Grievances involving improper discharges or other disciplinary suspension shall be filed within fifteen (15) calendar days after the incident occurs. All other grievances must be filed within thirty (30) calendar days of the event or occurrence upon which the grievance is based, or within thirty (30) calendar days of when the Employee or a Union representative knew or should reasonably have known of such event or occurrence.

40.2 The grievance procedure is available to all Employees who completed their probationary period. In accordance with Article 7.2 the Employer has the right to discharge any employee employed for the first time subsequent to the date of this Agreement during the first 90 days of employment with or without cause.

Otherwise, the Employer has the right to discharge or otherwise discipline an Employee for just cause.

40.3 All grievances shall be presented to the Employer or the Union, as the case may be, within the time limit herein before set forth. Said grievance shall be settled in accordance with the following grievance procedure:

STEP A: The matter shall first be raised verbally by the aggrieved Employee or by a representative of the Union with the Manager. The Manager shall give his verbal answer to the grievance, either settling or not settling the grievance, within two (2) working days of its presentation.

STEP B: If the grievance is not settled in STEP A, the grievance shall be reduced to writing and presented by the proper Union official and/or the aggrieved Employee to the management representative. The company will give its written answer, either settling or not settling the grievance, within three (3) working days of its presentation.

STEP C: In the event the grievance is not settled in STEP B, then either party reserves the right and authority to submit such grievance or dispute to arbitration in the manner hereinafter provided.

40.4 Appeals from one Step to the other in the above procedure when grievances are not settled shall be made within ten (10) days after the answer or decision is received.

40.5 Either party to this Agreement shall be permitted to call any witnesses at each and every Step of the grievance procedure. The Employer, on demand, will produce production, payroll, and other pertinent records for the purpose of substantiating the contentions or claims of the parties.

40.6 The local Union Business Manager shall determine the extent to which a grievance may be processed.

40.7 The parties hereto agree that the time allowed to process grievances under this Article is adequate. If the Union fails to process a grievance within the time limits specified herein, the grievance is ended. If the company fails to answer a grievance within the time limits specified herein, the grievance will be deemed substantiated and the Employee shall be made whole. By mutual Agreement between the Employer and Union the time limits specified herein may be extended.

40.8 The grievance procedure and arbitration provided for herein shall constitute the sole and exclusive method of determination, decision, adjustment, or settlement between the parties of any and all grievances as herein defined; and the grievance procedure and arbitration provided for herein shall constitute the sole…