Attachment_2,_Collective_Bargainig_Agreement.pdf

201801201

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.: 2018‐0120

Daniel W. Simms Division of | Revision No.: 1 Director Wage Determinations| Date Of Last Revision: 07/26/2018 Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2018. The EO minimum wage rate will be adjusted annually.

Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts

State: Texas

Area: Texas County of El Paso Employed on Department of Defense contract for shelf stocking, receiving/storage/holding area (RSHA) and custodial operations for the USA Air Force Academy:

Collective Bargaining Agreement between R&R Commissary Services, Inc. and Local Union No.780, Motion Picture and VideoTape Laboratory Technicians, Allied Crafts and Governent Employees, effective September 1, 2017 through August 31, 2019.

In accordance with Sections 2(a) and 4(c) of the Service Contract Act, as amended, Attachment 2

HDEC08-19-R-0001

201801201 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).

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors, applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health‐related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health‐related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is the victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

AGREEMENT BETWEEN

R&R COMMISSARY SERVICES, INC.

AT THE U.S. AIR FORCE ACADEMY

COLORADO SPRINGS, CO

AND

LOCAL UNION NO. 780

MOTION PICTURE AND VIDEO TAPE

LABORATORY TECHNICIANS, ALLIED CRAFTS

AND GOVERNMENT EMPLOYEES

September 1, 2017

TO

August 31, 2019 i Airforce Academy 2017-2018 agreement 9-18-17

TABLE OF CONTENTS

PAGE #

ARTICLE 1. RECOGNITION 1

ARTICLE 2. SCOPE 1

ARTICLE 3. INDIVIDUAL AGREEMENTS 1

ARTICLE 4. SUCCESSORS, ASSIGNEES, LEASEES 1

ARTICLE 5. MINIMUM CLAUSE 2

ARTICLE 6. BARGAINING UNIT WORK JURISDICTION 2

ARTICLE 7. SENIORITY 2

ARTICLE 8. POLYGRAPH TESTS 4

ARTICLE 9. BULLETIN BOARD 4

ARTICLE 10. NOTIFICATION 4

ARTICLE 11. JOB REFERRAL 5

ARTICLE 12. JOB BIDDING AND POSTING 5

ARTICLE 13. NO DISCRIMINATION 6

ARTICLE 14. UNION SECURITY 6

ARTICLE 15. CHECKOFF 7

ARTICLE 16. MEETINGS 7

ARTICLE 17. PAY DAYS 7

ARTICLE 18. TIME RECORDS 8

ARTICLE 19. FREE WORK PROHIBITION 8

ARTICLE 20. WORK SCHEDULE 8

ARTICLE 21. WORKING HOURS AND OVERTIME 9

ARTICLE 22. SPLIT SHIFTS 9

ARTICLE 23. REPLACEMENT AND ADDITIONAL HOURS CALL-IN 9

ARTICLE 24. AVAILABLE AND ADDITIONAL HOURS 9

ARTICLE 25. LUNCH PERIOD 9

ARTICLE 26. REST PERIOD 9

ARTICLE 27. HOLIDAYS 10

ARTICLE 28. VACATIONS 10

ARTICLE 29. HEALTH INSURANCE 11

ARTICLE 30. INJURED ON THE JOB

ARTICLE 31. SICK LEAVE 13

ARTICLE 32. LEAVES OF ABSENCE 14

ARTICLE 33. BEREAVEMENT LEAVE 15

ARTICLE 34. PROMOTION 15

ARTICLE 35. STORE VISITS 15

ARTICLE 36. SAVINGS CLAUSE 16

ARTICLE 37. PICKET LINE CLAUSE 17

ARTICLE 38. SHOP STEWARDS 17

ARTICLE 39. DISCHARGES AND SEVERANCE NOTICE 17

ARTICLE 40. WARNING NOTICES 17

ARTICLE 41. GRIEVANCE 18

ARTICLE 42. ARBITRATION 20

ARTICLE 43. PENSION PROGRAM 20

ARTICLE 44. NEW UNITS 21

ARTICLE 45. SALARY RATES FOR NEW OR REVISED 22

ARTICLE 46 TERM OF AGREEMENT 22

IN WITNESS WHEREOF 23

SCHEDULE “A” 24

SCHEDULE “B” 24

ii Airforce Academy 2017-2018 agreement 9-18-17

1 Airforce Academy 2017-2018 agreement 9-18-17

COLLECTIVE BARGAINING AGREEMENT

LOCAL 780, MOTION PICTURE AND VIDEO TAPE LABORATORY TECHNICIANS,

ALLIED CRAFTS AND GOVERNMENT EMPLOYEES, hereinafter collectively referred to as “the Union” or “Local 780”, and R&R COMMISSARY SERVICES, Inc. at U.S.

Air Force Academy, CO, hereafter referred to as “the Employer” or “Company”, 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 The scope of this Agreement shall be all Employees/work of all present and future commissary stores and warehouses located at U.S. Air Force Academy, 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. The R & R Commissary Services, Inc. Employee Handbook September 1, 2017 (as amended by the parties) is hereby incorporated into this Agreement.

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

2 Airforce Academy 2017-2018 agreement 9-18-17 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 this Agreement will be the minimum allowed. The Employer may place superior wages, hours or working conditions into effect upon notification to the Union.

5.2 Wage Rates see Schedule “A”

ARTICLE 6. BARGAINING UNIT WORK JURISDICTION

6.1 Only members of the bargaining unit and the Project Manager shall handle or stock merchandise, or perform janitorial services in the service contract area. On occasion the Employer may have another management official perform bargaining unit work for the specific purpose of training and/or instructing bargaining unit employees for purposes of the Company being able to maintain its compliance with DECA contract standards. Such use of the proceeding sentence shall not result in bargaining employees loss of their work hours.

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 and shall date from the individuals most recent date of employment with the Employer, except as provided below.

3 Airforce Academy 2017-2018 agreement 9-18-17

7.2 The Employer has the right to discharge any employee 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 hire. Thereafter, seniority shall be defined as the individual’s continuous length of service with the U.S. Government Service Contract Act vendors providing service in the area of Commissary stocking or janitorial work. 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 greater 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 shall govern in layoffs (last hired, first laid off), reduction of hours, holidays, Sunday work, vacation and available hours including overtime hours available and for rehiring of employees who have been laid off due to lack of business in accordance with seniority.

7.5 Seniority, merit and ability being equal, shall prevail in case of layoff, increasing of hours and decreasing of hours, increasing or reduction of the workforce, holidays, vacation and 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 (10) 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 may 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. A copy will be supplied to the Union’s Business Manager.

4 Airforce Academy 2017-2018 agreement 9-18-17

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 33.

E. Fails to report for work when recalled as provided in Article 7.7 of this Agreement.

7.11 Employees desiring available or additional hours, shall notify the site Manager in writing. The Employer shall utilize such requests to give additional hours by seniority 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, unless required by the federal government.

ARTICLE 9. BULLETIN BOARD

9.1 The Employer will provide the Union with a bulletin board for its posting of Union business notices. Such notices will be limited to notices of 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 of when a new Employee is hired and when an Employee is terminated. For new hires, the Employer shall provide the Employee’s full name, date of hire, social security number, job classification, rate of pay, address, telephone number, cell number and email address.

5 Airforce Academy 2017-2018 agreement 9-18-17

ARTICLE 11. JOB REFERRAL

11.1 Unemployed 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. The 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.

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 the posting shall be submitted to the Union. The notice shall be posted for ten (10) calendar 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.

B. The Employer will fill vacancies based on seniority, merit and ability being equal, and qualifications in 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 people on layoff and fifth from 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.

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 perform a job obtained through a job posting or who desires to return to

6 Airforce Academy 2017-2018 agreement 9-18-17 his previous position during the first thirty (30) calendar days in that new job shall return to his former job classification and rate of pay. It is understood that Employees will be trained during the above time period.

ARTICLE 13. NO DISCRIMINATION

13.1 The Employer shall not discriminate against any Employee or applicant because of Union activity or membership.

A. In accordance with the policies of the Company, the Company will recruit, hire, train, and promote persons 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 requirements; or disability unrelated to performance of essential function of the job.

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 they will be represented by the Union. They will be referred to the 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 shall no later than 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 hired on or after its effective or execution date, whichever is later, shall no later than by 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

7 Airforce Academy 2017-2018 agreement 9-18-17 law, until such time as the prohibition is repealed. Membership status shall not affect 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. Such deductions to the Union shall be due and payable on or before the twentieth (20th) day of each month following the month in which the contributions were earned and shall become delinquent after the twenty-fifth (25th) day of said month.

15.2 Such check-off shall be based on all W-2 income. The Union agrees to hold the Company free from all liability in connection with dues collections except for ordinary diligence and care in the actual check-off and transmittal of the check-off 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 in writing by the Union as to the failure of said Employee to maintain such payments. The requirements of maintaining membership shall be consistent with State and Federal Law.

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 is the 1st and the 15th day of each month.

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

8 Airforce Academy 2017-2018 agreement 9-18-17

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 and other applicable federal laws.

18.2 The Employer shall utilize a time clock or an equivalent 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 or its equivalent 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, on its bulletin board, 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. 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 the Employer and the Union.

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

9 Airforce Academy 2017-2018 agreement 9-18-17

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 (10) 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 (10) minute rest period during such work day. No rest period shall be scheduled until the Employee has worked

10 Airforce Academy 2017-2018 agreement 9-18-17 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 Martin Luther King Day President’s Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving 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 of pay that an Employee receives during the work-week prior to the recognized Holiday. Holiday pay shall be calculated as follows: hours paid prior to the week of the holiday divided by forty (40) times eight (8) equals holiday hours. Providing the employee works his 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. VACATIONS1

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

1 See Schedule B

11 Airforce Academy 2017-2018 agreement 9-18-17 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 U.S. Air Force Academy, 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 U.S. Air Force Academy, 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 U.S. Air Force Academy, 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 collective bargaining agreement’s 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.

Use of the term “Week” in this Article is to be understood as “7 days”, Sunday through Saturday.

ARTICLE 29. HEALTH INSURANCE

29.1 This Article only shall be open for negotiations if and when it is necessary for compliance with the current National Healthcare legislation.

29.2 The Employer agrees to participate in the Local 780 IATSE Health and Welfare Fund (“Welfare Fund”). 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 (“Trust Agreement”). The Employer agrees to accept the current and their successor Employer Trustees. Said parties further

12 Airforce Academy 2017-2018 agreement 9-18-17 agree to be bound by all acts that the Trustees perform pursuant to said Trust Agreement.

29.3 An Employee’s eligibility for benefits from Welfare Fund will begin on the first (1st) day of the month following the Employer’s payment of two consecutive months of contributions on the Employee’s behalf.

Illustratively, if the Employee receives W-2 income in the month of September with contributions being paid in October and receives W-2 income in October with ocntributions being paid in November, coverage will begin on December 1.

29.4 Upon receipt of an Employee’s executed Payroll Deduction Form and until written revocation of such payroll deduction form is provided to the Employer, the Employer shall deduct one hundred fifty dollars ($150) (or any lesser net amount of the Employee’s paycheck after the payment of taxes in the event that the net paycheck is less than $150) from each paycheck of the signing Employee beginning with the first paycheck which is based on hours worked after the executed Payroll Deduction Form. Such deducted monies shall be transmitted to the Local 780 Welfare Fund in a single check pursuant to Section 5 below, see below. A copy of the Employee’s executed Payroll Deduction Form shall be sent with first payroll deduction monies.

29.5 Contributions to the Welfare Fund shall be due and payable on or before the twentieth (20th) day of each month following the month in which the contributions were earned and shall become delinquent after the twenty-fifth (25th) day of said month.

29.6 In the event the Employer becomes delinquent in payment of contributions owed to the Welfare 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 make the required payments due and owing within five (5) calendar days thereafter, the Union may then take whatever economic action it may deem necessary, nothing in this Agreement 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 or to the Commissary entry gate if access to the Commissary is not available, shall suffer no loss of pay. Such employees shall continue to be paid their regularly scheduled hours, up to forty (40) hours per week, until such time as the Employer has paid in full the monies due and owing to the Welfare Fund.

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

13 Airforce Academy 2017-2018 agreement 9-18-17

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 LEAVE2

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 Payout: By no later than the week after the Employee completes a full year of service with the Company such Employee will receive an annual payout in the amount of all unused sick leave for that year. The unused sick leave payout shall be on the gross hours paid for the qualifying year divided by fifty-two

(52) weeks and divided by five (5) days to determine the average daily hours. To be eligible for the Annual Payout, the Employee must be employed through that entire year as defined above. Employees who terminate prior to the end of the Employee’s year as defined above, 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 to a 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

2 See Schedule B

14 Airforce Academy 2017-2018 agreement 9-18-17 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, hours and rate of pay. Upon notice of the Employee’s availability for work prior to Wednesday of any week, the Employee shall be restored to work to begin

15 Airforce Academy 2017-2018 agreement 9-18-17 not later than Monday following the giving of such notice. If the notice of availability for work is given on or after Wednesday 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.

33. BEREAVEMENT LEAVE

A. 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. The Employer can request certified documentation for the need of the leave.

B. 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.

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

ARTICLE 34. PROMOTION

34.1 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 35. STORE VISITS

35.1 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

16 Airforce Academy 2017-2018 agreement 9-18-17 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 36. SAVINGS CLAUSE

36.1 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 law, both parties shall meet within thirty (30) days for the purpose of re-negotiating an Agreement on the provision or provision so invalidated.

17 Airforce Academy 2017-2018 agreement 9-18-17

ARTICLE 37. PICKET LINE CLAUSE

37.1 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 38. SHOP STEWARDS

38.1 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.

38.2 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 39. DISCHARGES AND SEVERANCE NOTICE

39.1 This Article will be in compliance with Article 7 and Article 41. The 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.

39.2 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 the Employer.

The Employee shall be given his vacation pay, then due.

39.3 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 40. WARNING NOTICES

40.1 The Employer will not impose any form of discipline without just cause subject to the probationary period. If just cause exists, the following formula of progressive discipline shall be applied for each infraction except on the job infractions of

18 Airforce Academy 2017-2018 agreement 9-18-17 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)

40.2 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 issues covered by EEO laws will be permanent.

40.3 The Employee can notify a representative of the Union to be present at each Step C. and D. above of the disciplinary procedure.

40.4 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.

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

40.6 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, i.e. a voluntary quit.

ARTICLE 41. GRIEVANCE

41.1 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 discipline is imposed or if the Employee is unaware of the discipline within fifteen

(15) calendar days of when the Employee reasonably becomes aware of the discipline. All other grievances must be filed within thirty (30) calendar days of the discipline being imposed or the occurrence upon which the grievance is based, in both cases the time period will begin to run when the Employee or a Union representative knew or should reasonably have known of such discipline or occurrence.

19 Airforce Academy 2017-2018 agreement 9-18-17

41.2 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.

41.3 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.

41.4 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.

41.5 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.

41.6 The Union Business Manager shall determine the extent to which a grievance shall be processed.

41.7 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.