Attachment 2, WD 2012-0098 Rev 7 dated 26 December 2018 & CBA dated 1 July 2015.pdf

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.: 2012‐0098 Daniel W. Simms Division of | Revision No.: 7 Director Wage Determinations| Date Of Last Revision: 12/26/2018 Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.60 for calendar year 2019 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 $10.60 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 2019. 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: Missouri

Area: Missouri County of Pulaski Employed on Department of Defense contract for Shelf Stocking, RSHA, Custodial, and

Residual Groceries Services at Fort Leonard Wood:

Collective Bargaining Agreement between Crescent Resources LLC and Local Union No.

780, Motion Picture and Video Tape LaboratoryTechnicians, Allied Crafts and Government Employees, effective July 1, 2015 through June 30, 2020.

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 aptjg Typewritten Text

HDEC08-19-R-0014

Attachment 2 aptjg Typewritten Text 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

CRESCENT RESOURCES LLC

COMMISSARY AT FORT LEONARD WOOD, MO

AND

LOCAL UNION NO. 780

MOTION PICTURE AND VIDEO TAPE

LABORATORY TECHNICIANS, ALLIED CRAFTS

AND GOVERNMENT EMPLOYEES

July 1, 2015 to

June 30, 2020

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 3

ARTICLE 9. BULLETIN BOARD 3

ARTICLE 10. NOTIFICATION 3

ARTICLE 11. JOB BIDDING AND POSTING 4

ARTICLE 12. NON DISCRIMINATION EQUAL EMPLOYMENT OPPORTUNITY 5

ARTICLE 13. UNION SECURITY 5

ARTICLE 14. CHECKOFF 6

ARTICLE 15. MEETINGS 6

ARTICLE 16. PAY DAYS 6

ARTICLE 17. TIME RECORDS 6

ARTICLE 18. FREE WORK PROHIBITION 7

ARTICLE 19. WORK SCHEDULE 7

ARTICLE 20. WORKING HOURS AND OVERTIME 7

ARTICLE 21. SPLIT SHIFTS 8

ARTICLE 22. REPLACEMENT AND ADDITIONAL HOURS CALL-IN 8

ARTICLE 23. AVAILABLE AND ADDITIONAL HOURS 8

ARTICLE 24. LUNCH PERIOD 8

ARTICLE 25. REST PERIOD 8

ARTICLE 26. HOLIDAYS 9

ARTICLE 27. VACATIONS 10

ARTICLE 28. INJURED ON JOB 11

ARTICLE 29. HEALTH INSURANCE 11

ARTICLE 30. SICK LEAVE 13

ARTICLE 31. LEAVES OF ABSENCE 14

ARTICLE 32. STORE VISITS 15

ARTICLE 33. BEREAVEMENT LEAVE 15

ARTICLE 34. SAVINGS CLAUSE 15

ARTICLE 35. SHOP STEWARDS 16

ARTICLE 36. DISCHARGES AND SEVERANCE NOTICE 16

ARTICLE 37. WARNING NOTICES 17

ARTICLE 38. GRIEVANCE 18

ARTICLE 39. ARBITRATION 19

ARTICLE 40. PENSION PROGRAM 20

ARTICLE 41. SALARY RATES FOR NEW OR REVISED 211

ARTICLE 42. JURY DUTY 21

ARTICLE 43. INCENTIVE PROGRAM 21

ARTICLE 43 TERM OF AGREEMENT 22

IN WITNESS WHEREOF 22

SCHEDULE “A” 23

COLLECTIVE BARGAINING AGREEMENT

LOCAL 780, MOTION PICTURE AND VIDEO TAPE LABORATORY TECHNICIANS,

ALLIED CRAFTS AND GOVERNMENT EMPLOYEES (“Union”) and CRESCENT RESOURCES, LLC. at Fort Leonard Wood, MO (“Employer”) have agreed as follows:

ARTICLE 1. RECOGNITION

1.1 Based upon the January 4, 2012 Certification of Representative in Case No. 17- RC-069823, the Employer recognizes the Union as the exclusive collective-bargaining representative in the following appropriate unit: all full-time and regular part-time stockers, custodians, and warehouse Employees employed by the Employer at the Fort Leonard Wood Commissary in Fort Leonard Wood, Missouri, but EXCLUDING all office clerical Employees, confidential Employees, professional Employees, guard, and supervisors as defined in the Act.

ARTICLE 2. SCOPE

2.1 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.

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 purchasee, 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 written notification to the Union.

ARTICLE 6. BARGAINING UNIT WORK JURISDICTION

6.1 Only members of the bargaining unit shall perform bargaining unit work.

ARTICLE 7. SENIORITY

7.1 The Employer agrees to recognize the seniority of each individual employed under the terms of this Agreement, with seniority dating from the Employee’s most recent and uninterrupted employment with the Employer or with a predecessor contractor at the Fort Leonard Wood Commissary.

7.2 With the exception of the Employer’s predecessor contractor’s Employees who were employed on June 30, 2015 and who were hired by the Employer on June 1, 2015 whose seniority for Service Contract Act purposes shall be immediately recognized, Employees shall not attain seniority until ninety (90) days after employment and thereafter the Employee’s seniority shall revert to the Employee’s original date of hire. 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 returns to work after an approved leave of absence or returns to work from layoff, then, the seniority of such Employee shall not be broken by such absence, illness or layoff.

7.3 Employees shall be given the opportunity to bid for work within their job classifications based upon their seniority. The most senior Employee shall have the first right to select a work schedule and so on in descending seniority order.

7.4 Recall after layoff shall be achieved by notice directed by certified or registered mail to the Employee’s last known address as furnished by the Employee to the Employer. Employees must report to work within seventy-two (72) hours (or such longer period as may be specified by Employer) after receipt of such notice or lose their seniority.

7.5 The Employer agrees to post seniority lists by job classification on the Union Bulletin Board each quarter of the year. A copy of the seniority list will be supplied to the Union’s Business Manager.

7.6 Loss of Seniority: No Employee shall suffer loss of seniority unless the Employee:

A. Is discharged for just cause;

B. Resigns or voluntarily quits;

C. Is absent from work for two (2) years due to layoff;

D. Fails to return to work upon completion of a leave of absence;

E. Fails to report for work within the required time period after being recalled from layoff.

7.7 Employees desiring available or additional hours up to full-time, shall notify the Project Manager in writing. The Employer shall utilize such requesting and qualified part-time Employees before scheduling less senior Employees and/or new hires. However, this provision shall not be utilized to circumvent the rights of more senior Employees who want to work available/additional hours up to full-time.

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 except when required by the US Government.

ARTICLE 9. UNION BULLETIN BOARD

9.1 Union bulletin board will be provided for posting of Union business notices. Such notices will be 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 five (5) 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.

ARTICLE 11. JOB BIDDING AND POSTING

11.1 Vacancies and New Position Openings: The existence of any vacancy or new position within the bargaining unit shall be posted on the Union Bulletin Board. The posting will contain information as to job classification, requirements, qualification, job descriptions, shift, pay rate and posting termination date. The notice shall be posted for at least seven (7) days before the position is filled.

11.2 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.

C. Filling of Vacancy or New Job - 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, but in no case shall “temporary” job extend for more than thirty (30) days without the Union’s written agreement. Such temporary assignment must be a voluntary decision by the selected Employee.

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 the first thirty (30) calendar days of the new assignment 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. The Employer may also at anytime during the first thirty (30) calendar days of the new assignment return the Employee to his or her former position without loss of seniority and at the same pay rate and the Employee shall have no right to file grievance or any other recourse to the grievance procedure. The employee’s hired as an exempt Employees (i.e. Manager, Supervisor) will not be allowed to return to his or her previous position.

ARTICLE 12. NO DISCRIMINATION EQUAL EMPLOYMENT OPPORTUNITY

12.1 The Employer shall not discriminate against any Employee or applicants because of Union activity or membership.

A. The Employer 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.

12.2 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.

The employer shall not discriminate against any employee or applicants because of Union activity or membership.

ARTICLE 13. UNION SECURITY

13.1. Union Representation. All Employees, upon hire, shall be informed that the Union is the sole and exclusive collective bargaining agent for the Employees in the bargaining unit and, accordingly, they will be represented by the Union. They will be given a copy of the Collective Bargaining Agreement, other necessary new employee related forms and will be referred to Shop Steward for information as to membership and check-off of Union dues, subject to applicable law.

13.2 Union Status

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. This provision shall not apply in any location where it is prohibited by any law, and if so prohibited, it shall apply whenever the law is changed so that it may be effective.

ARTICLE 14. CHECKOFF

14.1 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.

The Union agrees to hold the Employer free from all liability in connection with dues collections, except for ordinary diligence and care in checking-off the dues and in its transmittal of the monies to the Union.

14.2 Discharges.

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 membership shall be consistent with State and Federal Law.

ARTICLE 15. MEETINGS

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

ARTICLE 16. PAY DAYS

16.1 Shall be bi-weekly.

ARTICLE 17. TIME RECORDS

17.1 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.

17.2 The Employer shall utilize a 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 Project Manager and the affected Employee.

17.3 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.

17.4 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 Project Manager for correction on the same work day the error occurs.

ARTICLE 18. FREE WORK PROHIBITION

18.1 There shall be no “Free” or “Time-off-the-clock” work practices under this Agreement.

ARTICLE 19. WORK SCHEDULE

19.1 Work Schedule: The Employer shall post in ink or other permanent means, in each store, the current work schedule for all Employees who work twenty (20) or more hours per week for four out of six weeks prior to the schedule posting date.

The schedule shall be posted by no later than Thursday, 9:00 P.M. of the week preceding the scheduled workweek. The schedule shall list the names of the Employees in accordance with seniority. All hours, 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. Employees will not be scheduled for more than seven (7) consecutive days of work.

19.2 Seniority, merit and ability being equal, the most senior Employee will be scheduled for the most available hours during a workweek within his/her job description.

ARTICLE 20. WORKING HOURS AND OVERTIME

20.1 Work Day: A day’s work shall be the starting time of the Employee’s shift and shall continue for the next twenty-four (24) hours.

20.2 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 21. SPLIT SHIFTS

21.1 There shall be no split shifts.

ARTICLE 22. REPLACEMENT AND ADDITIONAL HOURS CALL-IN

22.1 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.

22.2 Call-In Procedures:

A. The Employer will provide its current telephone and email address at the Commissary to the Employees.

ARTICLE 23. AVAILABLE AND ADDITIONAL HOURS

23.1 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 24. LUNCH PERIOD

24.1 Employees working six (6) hours or more, but less than eight (8) hours per day shall be scheduled for a one-half (1/2) hour, one hour (1) (with twenty-four (24) hours advance notice), or no lunch period 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 25. REST PERIOD

25.1 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 at least three (3) 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.

ARTICLE 26. HOLIDAYS

26.1 The Employer agrees to observe the following holidays:

New Year’s Day Labor Day

Martin Luther King, Jr. Day Columbus Day

Presidents Day Veterans Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

26.2 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.

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

26.4 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.

26.5 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 27. VACATIONS

27.1 All Employees shall be entitled to receive paid vacation, the pay based on the average number of hours paid per week during their qualifying year. The number of weeks is determined by the schedule set forth below.

27.2 After one (1) year of continuous government service contract employment at the Fort Leonard Wood, MO commissary two (2) weeks of paid vacation, following the Employee’s first anniversary date of employment.

27.3 After five (5) years of continuous government service contract employment at the Fort Leonard Wood, MO commissary, three (3) weeks of paid vacation annually following the Employee’s second anniversary date of most recent employment.

27.4 After fifteen (15) years of continuous government service contract employment at the Fort Leonard Wood, MO commissary, four (4) weeks of paid vacation annually following the Employee’s fifth anniversary date of most recent employment.

27.5 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.

27.6 Employees who have earned a vacation whom have met or passed their anniversary date shall receive their pay in advance, if requested at least four (4) weeks in advance of their scheduled vacation period. Employees total compensation paid during that anniversary year shall be divided by the total number of hours worked by the employee during the anniversary date in order to calculate the employee vacation pay rate that shall be used for that purpose.

27.7 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.

27.8 All vacations must be taken within an Employee’s anniversary year and may not be accumulated from one anniversary year to the next, unless mutually agreed in writing by the Employer, Employee, and the Union. Employees must take their vacations--not money in lieu of their vacations.

27.9 If the Employee leaves the employment of the Employer for any reason excluding discharge, the Employee shall be entitled to receive the pro rata share of any unused or unpaid vacation which would be earned based on working for that year and prior years.

Use of the term “Week”; is to be understood as “7 days” beginning with Monday (00:01 A.M.) through Sunday (11:59 P.M.).

ARTICLE 28. INJURED ON JOB

28.1 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 scheduled day.

ARTICLE 29. HEALTH INSURANCE

29.1 Until such time, if any, when the Employer becomes subject to the Affordable Care Act, the Employer agrees to pay the then current Welfare Fund contribution as an add-on to the Employees’ paychecks.

29.2 If at any time during the term of this Agreement, the Employer employs a sufficient number of full-time employees, or their equivalent and thus becomes subject to the requirements of the Affordable Care Act, the Employer agrees to become a participating Employer in the Local 780 IATSE Welfare Fund for purposes of providing insurance for all the bargaining unit members. At such time as coverage becomes required, the Employer agrees to be bound by all of the terms and conditions of the Welfare Fund’s Agreement and Declaration of Trust, as it may be amended from time to time. The Employer further agrees to accept the current and any future Employer Trustees of said Welfare Fund.

A. Employees shall be eligible for benefits based upon their number of paid hours of contributions with the level of benefits based on the Welfare Fund’s Schedule of Benefits. Coverage shall begin after the Employee completes and submits the required Enrollment Application Form which coverage shall begin no earlier than the first (1st) day of the second (2nd) month following the month for which contributions are paid to the Welfare Fund on the Employee’s behalf.

B. 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 twentieth (20th) of said month, and the Employer’s failure to make such payment shall be a violation of this Agreement.

C. 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 and/or the Welfare Fund has so notified the Employer by certified or registered mail, or personal service of the delinquency, and the Employer does not then make the required delinquent payments due and owing within five (5) working days of the Employer’s receipt of said delinquency, the Union may then take whatever economic action it may deem necessary, nothing in this Agreement shall be deemed to be contrary to 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, 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 Welfare Fund.

D. If the Employer is covered by the FMLA, then the Employer will continue to pay the minimum number of hours of contributions in order for the Employee to maintain his/her level of insurance.

E. The Welfare Fund shall comply with all applicable Federal and State laws.

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 with the intent being that the then current Welfare Fund contribution shall be paid as wages on the Employee’s checks or as contributions to the Welfare Fund depending on whether Section 29.1 or Section

29.2 is then in effect.

ARTICLE 30. SICK LEAVE

30.1 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 seven

(7) days sick leave per year.

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.

30.2 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.

30.3 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.

30.4 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.

30.5 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.

30.6 Annual Bonus: Will be paid no later than December 15th of each annual year, each employee will receive as a bonus 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.

ARTICLE 31. LEAVES OF ABSENCE

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

31.1 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 three (3) months. However such 3 month(s) period shall not be considered time under

FMLA.

31.2 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 six (6) months. However such 6 month(s) period shall not be considered time under FMLA.

31.3 Military service by the Employee.

31.4 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.

31.5 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.

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

31.7 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.

31.8 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.

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

31.10 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

A. Effective with the commencement of this Agreement, the Employer agrees to give time off to all Employees who have been employed six months (there is no such requirement for the Employees employed by the predecessor contractor on June 30, 2015 and who are hired on July 1, 2015) 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 immediately preceding the leave to begin. Employer can request certified documentation. Employee must request it in writing.

B. The term “Immediate Family” shall mean spouse, parents, brother, brother-in-law, sister, sister-in-law, child (including step and adopted children residing with the Employee), father-in-law, mother-in-law, grandparents, and grandchildren

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 33. STORE VISITS

33.1 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.

ARTICLE 34. SAVINGS CLAUSE

34.1 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.

ARTICLE 35. SHOP STEWARDS

35.1 The Union shall have the right to appoint one Shop Steward by the bargaining unit. The Shop Steward 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 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. The Shop Steward shall not have any management authority whatsoever and shall be a working Shop steward. Employer will supply Project Manager’s cell phone number to Shop Steward and Union Business Manager.

35.2 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 where not in conflict with scheduling lead will receive the most available hours in their job classification.

ARTICLE 36. DISCHARGES AND SEVERANCE NOTICE

36.1 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.

36.2 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 accrued, pro rata vacation pay.

36.3 In the event that the layoff or discharge is due to notification from DECA, a copy of said notice shall be given to the Union within the same seventy-two (72) hour period.

36.4 If any Employee gives two (2) week’s notice of voluntary quit, they shall be allowed to work for that period provided they continue to perform satisfactorily. If the employee performs his/her duties unsatisfactorily during that notice period, employee shall be subject to the disciplinary procedure.

ARTICLE 37. WARNING NOTICES

37.1 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; or, gross insubordination:

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

A. Written warning (Copy provided to Employee, Steward, Supervisor)

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

C Suspension (Copy provided to Employee, Steward, Supervisor, HR, Business Manager, Retained for 36 months)

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

37.2 The verbal warning/written notices as herein provided shall not remain in effect for a period of more than 12 months and 36 months for suspensions, except that written warning notices for sexual harassment or other equal employment opportunity violations will be permanent.

37.3 A copy of the discipline issued pursuant to this Article shall be transmitted to the Union at the same time (or a reasonable time thereafter) as the discipline is imposed on the Employee.

37.4 Employee can notify a representative of the Union to be present at each Step of the disciplinary procedure.

37.5 Employer must notify union Business Manager and union steward of any disciplinary action within 72 hours of such action. The failure of the Employee or the Union to protest any disciplinary action issued by the Employer against an Employee within seven (7) days after receipt of such notice by the Business Manager and Steward, shall serve as legitimacy on the part of the Employee and the Union to the truth of the content of such warning or the propriety of its issuance and no grievance may be filed by the Employee or the Union to the Employer after the seventh day of issuance against any disciplinary action.

37.6 Warnings must be issued within seven (7) days of the offense. With copy of such action provided to the Business Manager and Steward.

ARTICLE 38. GRIEVANCE

38.1 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 twenty (20) 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. Employees working within their ninety (90) day probationary period shall not be entitled to file a grievance.

38.2 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 seven (7) calendar 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 seven (7) calendar 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.

38.3 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.

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

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

38.6 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.

38.7 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 and exclusive remedy to be utilized by the parties hereto and all grievances as herein defined.

ARTICLE 39. ARBITRATION

39.1 In the event a grievance or dispute is submitted to arbitration the following procedure shall be used.

STEP A: The Federal Mediation and Conciliation Service shall be requested to submit to both parties the names of seven (7) persons qualified to arbitrate.

STEP B: Within ten (10) days after receiving the list the parties will meet and determine by lot the order of elimination, and thereafter each shall alternately in that order eliminate one name until only one remains. The seventh or remaining person shall be accepted by both parties as the arbitrator.

39.2 The arbitrator shall render his decision within thirty (30) calendar days after the close of the hearing, and such decision shall be binding upon the parties and shall be complied within five (5) days after receipt of the decision.

39.3 The arbitrator shall not have the power or authority to add to subtract from, or modify the terms of this Agreement.

39.4 Expenses and compensation of the arbitrator shall be divided equally between the company and the Union.

39.5 Unless otherwise stated, any period of time specified herein shall not include time on any Saturday, Sunday, or Holiday.

ARTICLE 40. PENSION FUND

40.1 The Employer shall be a participating Employer in the Local 780 IATSE Pension Fund agreeing to be bound by all terms of conditions of the Local 780 Pension Fund’s (“Pension Fund”) Agreement and Declaration of Trust, as it may be amended from time to time. The Employer further agrees to accept the current and any future Employer Trustees of said Pension Fund.

For contribution rates see Schedule “A”.

40.2 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

40.3 In the event an Employer becomes delinquent in payment of monies owed to the Pension Fund for two (2) or more consecutive months, and the Union has so notified the Employer by certified or registered mail, or by telegram of his delinquency, 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 and 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 shall suffer no loss of pay, but 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 respective trust.

40.4 The Pension payment shall be due and payable on the fifth (5th) day of each month following the month in which the hours establishing eligibility are worked, 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. Such Employee must be included and paid for, even though that Employee may have terminated before the end of such preceding month.

40.5 It is agreed that the Pension Fund shall comply with all applicable federal and state laws and shall qualify for tax-exempt status under the rules and regulations of the Internal Revenue Service.

ARTICLE 41. SALARY RATES FOR NEW OR REVISED

OCCUPATIONAL CLASSIFICATIONS.

In the event the Company desires to establish new or revised occupational classifications, the salary rates applicable shall be determined by negotiations between the Company and the Union. Operations shall not be delayed through failure to immediately agree upon salary rates applicable to any such occupational classification. In the event of failure to agree on a rate for such new job classifications, the matter shall be deemed in dispute and shall be subject to the grievance and arbitration procedures as provided in this Agreement. Rates finally established which are higher than the Company-proposed rate will be paid retroactive to the date of the start of the occupational classification.

ARTICLE 42. JURY DUTY.

In Employee called to serve on jury duty during the term of this agreement will be eligible for compensation for lost time. Compensation will be the difference between the amount received for jury duty and the amount the employee would normally earn scheduled work hours. Jury duty compensation will be paid for a maximum of up to five (5) working days after submission by the employee of documentation establishing eligibility and compensation received for jury duty.

ARTICLE 43. INCENTIVE PROGRAM.

The Union hereby acknowledges there are not currently any incentive programs established at this site. The Employer, at his sole election, may create an incentive program. The Employer reserves the right to cancel any and all incentive programs.

SCHEDULE “A”

FORT LEONARD WOOD, MO COMMISSARY

A. Health Fund: Effective July 1, 2015 of this agreement the Employees’ shall be paid $3.84 as wages on the Employees’ paychecks so long as the Employer is…