Attachment_17_WDNo=CBA-2018-11087.pdf

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

THE SERVICE CONTRACT ACT |EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary | WAGE AND HOUR DIVISION of Labor | WASHINGTON D.C. 20210 | Wage Determination No.: CBA-2018-11087 Diane Koplewski Division of | Revision No.: 0 Director Wage Determinations| Date Of Last Revision: 3/5/2018 State: North Carolina

Area: Durham

Employed on E.P.A. Research Triangle Park, NC contract for Custodial Services.

Collective Bargaining Agreement between contractor: Gana A Yoo Services Corporation, and union:

Industrial, Technical and Professional Employees Union, AFL-CIO, effective 8/1/2017 through 7/31/2020.

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

Page 1 of 1CBA WD

3/5/2018https://wdol.gov/DisplayT4CWD.aspx?WDNo=CBA-2018-11087

AGREEMENT

BETWEEN

INDUSTRIAL, TECHNICAL AND PROFESSIONAL

EMPLOYEES UNION, AFL-CIO

AND

GANA A YOO SERVICES CORPORATION

(GSC)

COVERING EMPLOYEES

AT

E.P.A.

RESEARCH TRIANGLE PARK, N.C.

EFFECTIVE: AUGUST 1, 2017 TIIRU IDLY 31, 2020

ARTICLE

I

II

III

IV

v

VI

VII

VIII

IX

x

XI

XII

XIII

XIV

xv

XVI

XVII

XVIII

XIX

xx

XXI

xxn

XXIII

XXIV

xxv Xt"XVI

XXVII

XXVIII

XXIX

xxx

TABLE OF CONTENTS

TITLE

PREAMBLE

UNION RECOGNITION

UNION SECURITY & MEMBERSHIP

EQUAL OPPORTUNITY

ACCESS TO UNIT

PROBATIONARY PERIOD

SENIORITY

DISCIPLINE

GRIEVANCE PROCEDURE

ARBITRATION

MILITARY LEA VE

LEA VE OF ABSENCE

BEREAVEMENT LEA VE

SHOP STEW ARDS

REST PERIODS

LAYOFFS AND RECALLS

WAGES

OVERTIME

HEALTH AND WELFARE

VACATIONS

HOLIDAYS

SICK LEAVE

PENSION

JURY DUTY

UNIFORMS

INDIVIDUAL CONTRACTS

NO STRIKE-NO LOCKOUT

EMPLOYEE IN.TIJRY

GOVERNMENT REQUIREMENTS

GENERAL

DURATION

APPENDIX "A" - WAGES

APPENDIX "B" - HEAL TH & \VELF ARE

APPENDIX "C" - VACATION

APPENDIX ''D" - HOLIDAYS

APPENDIX "E" - SICK LEA VE

APPENDIX '~F" - PENSION

APPENDIX "G'' - JURY DUTY

APPENDIX "H" - BEREAVEMENT LEA VE

PAGE

Gana A Yoo Corporation E.P.A Research Tr~angle Park

PREAMBLE

THIS AGREEMENT is entered into by and between GANA A YOO SERVIES (GSC) (hereinafter referred to as the ''Company"), and INDUSTRIAL,TECHNICAL AND PROFESSIONAL EMPLOYEES UNION, AFL-CIO (hereinafter referred to as the "Union"), as representative of its janitorial employees located at E.P.A. RESEARCH TRIANGLE PARK, N.C. (hereinafter referred to as the "Site"), in the mutual interest of the employees and the Company to promote and further the efficiency and economy of operations, to provide orderly collective bargaining relations, a method for the prompt and equitable disposition of grievances, and a method for the establishment of fair wages, hours and working conditions for the employees covered hereunder. In making this Agreement, it is recognized to be the duty of the parties to cooperate fully with each other, both individually and collectively, for the advancement of the purposes of this Agreement.

Gana A Yoo Corporation E.P.A Research Triangle Park

ARTICLE I - UNION RECOGNITION

SECTION A:

The Company hereby recognizes the Union as the sole bargaining agent for all its non supervisory janitorial employees at Research Triangle Park, N .C., hereinafter referred to as the Site.

SECTIONB:

Whenever the words "employee" or "employees" are used in this Agreement, they designate only such employees as are covered by this Agreement. Whenever in this Agreement employees or jobs are referred to in the male gender, it will be recognized as referring to both male and female employees.

SECTIONC:

It is understood by this Section that the parties hereto shall not use any leasing or subcontracting device to evade the terms of this Agreement. The Company shall give a copy of this Agreement to the Contracting Officer at the Site.

ARTICLE II - UNION SECURITY AND MEMBERSHIP

SECTION A:

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 date of this Agreement, shall on or after the Thirtieth (30th) day following the effective date of this Agreement or the execution date, whichever comes later, become and remain members in good standing of the Union. It shall be a condition of employment that all employees of the Company covered by this Agreement and hired on or after the Thirtieth (30th) day following the beginning of such employment, become and remain in good standing of the Union for a minimum of one year of date of signing membership application.

SECTIONB:

Union Shop Provision to Take Effect if Prohibition Law Invalidated.

The provisions of Article II, Section A, shall be deemed to be of no force and effect in any state whose law governs this contract to the extent of which the making or enforcement of such provisions is contrary to statutes, constitutional amendment or the law of such state;

provided, however, that whenever, any such court of last resort having jurisdiction of such questions finds the state law to be invalid or inapplicable, the provision of Section A above shall inunediately thereupon be deemed to cover this bargaining unit or employees directly affected by such declaration of invalidity.

Gana A Yoo Corporation

SECTION C:

If the provisions of Article II, Section A shall be deemed to be of no force and effect, the following shall govern:

Employees who are members of the Union on the date of execution of this Agreement, and employees who join the Union subsequent to the execution hereof, shall maintain their membership in the Union for a minimum of one year as a condition of employment during the term thereof.

SECTION D:

The Company will deduct from the wages of any employee covered by this agreement said employee's dues as a member of the Union upon receiving the employee's voluntary and individual written authorization for the Company to make such deductions, signed by the employees. Such authorization form shall be provided by the Union. The Company will pay over to the proper officer of the Union the wages withheld for such initiation fees and dues. The remittance shall be accompanied by a list showing individual names, social security numbers, current addresses, dates hired and amounts deducted. The total remittances are to be made not Fifteen (15) days after the last day of the month for which deductions were made. The Union shall advise the Company of the amount of the initiation fees and dues and the manner in which the same shall be deducted. The amount so withheld, less any amounts due to any improper withholding, shall be reported to the Union monthly.

SECTIONE:

Payment for membership dues shall not be required as a condition of employment during leaves of absence without pay in excess of Thirty (30) days or during period of permanent transfer to a classification not covered by this Agreement.

SECTIONF:

In the event of termination of employment, there shall be no obligation upon the

Company to collect dues until all other deductions have been made.

SECTION G:

The Company will make available to the Union a list of newly hired and terminated employees covered by this Agreement. Such lists will be prepared monthly and will show the name~ social security number~ current addresses, job classification and hire or termination date of such employees who were hired or terminated during the month for which the list is prepared.

SECTIONH:

The Company shall notify the Union of all job openings within the unit covered by this

Agreement. The Company will post positions for Three (3) days. The most qualified person will be awarded the position. If qualifications are equal the employee with the most seniority will be awarded position. The Union may refer applicants for such openings. In interviewing and hiring

Gana A Yoo Corporation for such job openings, the Company will not discriminate against any applicant referred by the Union.

Nothing in this contract, however, shall be construed to create an exclusive hiring hall arrangement, and the Company shall at all times be free to advertise and list said job openings with employment agencies and to otherwise fill its job openings from any sources available to the Company, including, but limited to, employees employed by the Company at other locations of the Company or its franchisees not covered by this Agreement.

SECTION I:

The Company shall be the judge of the qualifications of its employees, but shall give full consideration, without prejudice to the members of the Union, provided that they have the necessary qualifications.

SECTION J:

The Union agrees to indemnify and save the Company harmless against any claim, suits, judgments or liabilities of any sort whatsoever arising out of the Company's compliance with the provisions of this Union Security and Membership Article.

ARTICLE III - EQUAL OPPORTUNITY

SECTION A:

In accordance with the established policy of the Company and the Union, the provisions of this Agreement will apply equally to all employees hereunder, regardless of sex, color, age, race, creed or national origin. The Company and the Uniot:i also recognize the desirability of implementing the national policy of providing equal opportunity to all persons and agree to work actively toward the implementation of that policy.

SECTIONB:

There will be no discrimination against any employee on account of membership in, or activity in behalf of the Union.

ARTICLE IV - ACCESS TO UNIT

Duly auth01ized representatives of the Union shall be permitted to investigate the standing of all employees and investigate conditions at the Site covered by this Agreement to see that the Agreement is being enforced, provided that no interview shall be held during working hours, but will be held during unpaid breaks before or after work. The Company shall be notified by the Union Representative before he shall take action with persons involved. The representative of the Union shall contact the highest ranking Company representative then present at the facility and inform him of the circumstances. The employer and the Union representative shall conduct themselves in such manner as to carry out the intent and spirit of this Section. If a meeting with the Project Manager is required the Union will give the Company a

Gana A Yoo Corporation three (3) day prior to the meeting.

ARTICLE V - PROBATIONARY PERIOD

SECTION A:

Every new employee and any employee rehired after a break in seniority under Article VI of this Agreement shall be on probation for the first Sixty (60) days of employment or re employment.

SECTIONB:

At any time during such an initial probationary period, an employee may be discharged for any reason, and any such employee so discharged shall not have the right to file a grievance or have other recourse to the grievance procedure~

ARTICLE VI - SENIORITY

SECTION A:

It is agreed that the Company and the Union will meet for the purpose of establishing a seniority list for all employees employed in the unit at the time of the signjng of the Agreement.

Said seniority list will be based upon official records of the Union, of the Company its predecessors and state and federal agencies. Not later than Fifteen (15) days prior to the expiration date of the Company' s contract covering the Site, the Company shall fumish the Union and the successor contractor a list of all its current employees together with their dates of hire and the dates their last vacation pay was paid by the Company. The following Sections in this Article shall become applicable and shall be in full force and effect upon the establishment of said seniority list. In establishing the initial seniority list for employees at the time of the signing of this Agreement, employees transferred to the Site covered by this Agreement shall receive seniority in accordance with their tenure of service with the Company or its franchise as the case may be, regardless of where such service was performed. Other employees transferred to the Site covered by this Agreement by the Company to fill vacancies shall likewise receive seniority in accordance with their tenure with the Company or its franchise, as the case may be, regardless of where such service was performed. Seniority shall, for all purposes of this Article, be on the basis of job classification.

SECTlONB:

In the event that the Company finds it necessary to layoff employees for any reason, other than disciplinary, such layoffs shall be on the basis of seniority, i.e., the employee on duty in the establishment where the layoff occurs having the shorter period of continuous service with the Company, shall be laid off before any other employee having a lmiger period of continuous service. The Company shall recall such laid off employees in reverse order. Senior employees shall have preference of full time employment at all times if equal distribution of work is impossible. Senior employees may, however, exercise their seniority rights by taking a job in a

Gana A Yoo Corporation E.P.A Research Tr~angle Park lower classification

SECTION C:

Except as othetwise provided in Section A of this Article, seniority shall be measured from the date of the empl<;>yee's initial hire cit the Site with the Company or a predecessor employer engaged in providing similar services at the Site, provided there has been no break in seniority under Section E of this Article.

SECTIOND:

An employee shall lose his seniority upon his retirement, resignation or discharge for just cause. An employee will be considered to have resigned if he:

( 1) Fails to report to work on the day following expiration of an authorized leave of absence, unless failure to report is due to conditions recognized by the Company to be beyond the control of the employee and he reported such conditions as soon as possible;

(2) Is on lay-off for a period exceeding One (1) year;

(3) Is absent from work for One (1) work day without properly notifying the Company of the reason for absence unless the reason for such absence is beyond the control of the employee, or in any event, fails to report for work as scheduled without such reason;

( 4) Fails, while on layoff, upon notice from the Company that work is available, to report to the Company for work as soon as practicable, but not later than Seven (7) work days and provided that the employee notifies the Com_pany within Three (3) days of such notice that he will return to work within the Seven (7) day period.

The Company fulfills its obligation under this Section by sending notice by telegram or by certified letter to the last known address of the employee. It is the obligation of the employee to keep the Company informed of his current address and telephone number.

SECTIONE:

An employee who has occupied a position with the Company covered by this Agreement and who accepts a position with the Company in a classification not covered by this Agreement will continue to accrue seniority for Nine (9) months, after which period he shall retain his accumulated seniority, provided he remains in the employ of the employer.

ARTICLE VII - DISCIPLINE

No employee shall be discharged or disciplined without just cause, and all dismissals and disciplines will be subject to the grievance procedure and arbitration clause. All reprimands and discharge notices shall be in writing and shall be signed by the Project Manager. Copies of the

Gana A Yoo Corporation reprimand or discharge notice shall be given to the employee reprimanded. Each reprimand shall be cancelled after One (1) year. Three (3) reprimands may result in immediate dismissal. Theft, intoxication on the job, failure to perform work as directed~ illegal use of drugs, arguing or fighting with anyone on the premises and showing disrespect to Government personnel may result in an immediate dismissal regardless of the number of prior reprimands. The Employee shall notify the Project Manager or Shift Supervisor on their shift if they are unable to report to work. A.M. shift will call in two (2) ho ms prior to their shift and the P .M. shift will call in four ( 4) hours prior to their shift.

ARTICLE VIII - GRIEVANCE PROCEDURE

SECTION A:

A grievance is defined as a claim or dispute by the employer or employee or the Union concerning the interpretation or the application of this Agreement.

SECTIONB:

All grievances must be presented in writing, filed and processed in accordance with the following ex:clusive procedure:

STEP I : The employee who has a grievance shall discuss it with the direct supervisor either himself or through his steward. If the grievance is :p_ot'Settled at the Step 1 meeting, it may be appealed by the Union Representative to the Project Manager or Area Supervisor to Step 2 within Five (5) days of the Step 1 meeting. Company grievances shall be processed beginning with Step 2.

STEP 2: The Union Representative and the Project Manager will discuss the grievance.

If the grievance is not disposed of to the satisfaction of the party filing the grievance at Step 2, the grievance may be appealed to Step 3 by the party or representatives of the party filing the grievance by filing a written appeal to the opposing party within Seven (7) days after Step 2.

STEP 3: Within Seven (7) days after the appeal of the opposing party, the parties (the Company represented by the designated representative) and the Union (represented by its designated representative) will meet to attempt to settle the grievance. The party being complained against shall render that party's decision within Five (5) days of such meeting. If the grievance is not disposed of to the satisfaction of the complaining party, the grievance may be appealed to arbitration by the Company or the Union lodging a written appeal with the other party within Ten (10) days of receipt of such written decision.

SECTIONC:

A grievance involving discharge of an employee shall be brought directly to Step 2 and

Gana A Ybo Corporation must be filed within Five (5) days of dischatge.

SECTIOND:

A grievance not involving discharge shall be without effect unless filed in writing within

Seven (7) days from the date the complaining party discovered the facts or should have discovered the facts giving rise to the grievance.

SECTION E:

Stewards shall investigate, discuss and present grievances before or after work or during and unpaid break.

SECTIONF:

At any step of the grievance procedure, the Company or the Union may designate a substitute for the official designated herein, other than persons who have previously participated in such grievance. The officially designated representative of either party may be accompanied by Two (2) other persons at any Step of the procedure except Step 1. The parties may mutually agree that fmther representatives may be present.

SECTIONG:

The time limits set forth in this Article may be extended mutually in writing. Time limits are exclusive of Saturday, Sunday and recognized holidays.

ARTICLE IX - ARBITRATION

SECTION A:

Within Ten (10) days after the filing of the notice of the intent to submit the unsettled grievance to arbitration, the parties shall attempt to mutually select an impartial arbitrator. If the parties are unable to agree within Five (5) days of that meeting upon the choice of an arbitrator, they shall request the Federal Mediation and Conciliation Service to submit a list of Five (5) persons qualified to act as the impaiiial arbitrator. A representative of the Company and a representative of the Union shall meet within Five (5) days of the receipt of the list and shall alternately strike Two (2) names from the list, the party to strike first to be selected by lot. The Fifth (5111

), remaining person shall thereupon be selected as the impartial arbitrator.

SECTIONB:

Within Ten (10) days after the selection of the arbitrator, the parties shall enter into a submission agreement, which shall clearly state the arbitrable issue or issues to be decided. If the parties are unable to agree on a joint statement of the arbitrable issue or issues to be decided by the arbitrator, the submission shall contain the written grievai1ce and the disposition of the same with the notation that the parties co11ld not agree upon a submission agreement.

Gana A Yoo Corporation

SECTIONC:

During the hearing, each party shall have full opportunity to present evidence and argument, both oral and documentary. The impartial arbitrator will render his finding and award in writing within Fifteen ( 15) calendar days after the conclusion of the hearing. The decision of the impartial arbitrator shall be final and binding. The impartial arbitrator shall have no authority to modify, amend, revise, add to or subtract from any of the terms or conditions of this Agreement.

SECTIOND:

The fees of the arbitrator and necessary expenses, including transcript, if desirable, of any arbitration proceeding shall be borne equally by the Company and the Union except that each party shall pay the fees of its own counsel or representative. If an employee witness is called by the Company, the Company will reimburse him for time lost at his regular straight time base rate.

If an employee witness is called by the Union or is present at the hearing, the Union will reimburse such personnel for time lost at his regular straight time base rate.

ARTICLE X - MILITARY LEA VE

SECTION A:

Employees entering the Military or Naval Service, or other combat relief service or conscripted Civil Service of the United States during the life of this Agreement will be placed on military leave of absence without pay in accordance with the provisions of the Unifonned Services Employment and Reemployment Rights Act of 1994, (USERRA), and will retain their seniority while in such service and be returned to their former position upon honorable discharge from service, provided they are physically and mentally capable of working.

SECTIONB:

An employee who is a member of a Military Reserve Unit and who is required to participate in active training will be granted a leave of absence without pay for the period of such training duty, not to exceed Thirty (30) days in any year.

SECTIONC:

An employee applying for leave under this Article will give the Company at least Five (5) working days notjce prior to reporting date, ifpossible.

ARTICLE XI - LEA VE OF ABSENCE

SECTION A:

Employees are entitled to leaves of absence not exceeding ( 12) weeks for good cause.

Such leave of absence may be granted for restoration of health, medical, dental, or other treatment; maternity leave and shall not prejudice seniority status for purposes of layoffs and recalls.

Gana A Yoo Corporation

SECTIONB:

A leave of absence under this section will not be considered employment time for seniotity. For example, an employee works continuously for Nine (9) months and is granted a Thirty (30) day leave of absence without pay. When the employee returns to work, he has Nine

(9) months seniority and will be required to work Three (3) more months in order to have One

(1) year seniority.

SECTION C:

Upon renu11 from a leave of absence, the employee will be returned to work for which he can qualify in his job classification on the basis of seniority.

SECTIOND:

Any employee who engages in gainful employment without permission of the Company while on leave of absence shall be subject to discharge.

SECTIONE:

All leaves of absence must be applied for in writing and if granted must be granted in writing by the Company.

SECTIONF:

The Company agrees to abide by the Family Medical Leave Act

ARTICLE XII - BEREAVEMENT LEA VE

Employees shall be entitled to paid Bereavement Leave as set forth in local Appendix

ARTICLE XIII - SHOP STEW ARDS

SECTION A:

Shop stewards shall be designated by the Union from the group he or she is to represent.

Where there are two or more shop stewards, there shall be a designated Chief Shop Steward. The Union will notify the Company of the duly designated shop steward(s) at the Site

SECTIONB:

The Shop Stewards shall not interfere with management of the business or direct any work of any employee, but may advise the Company of any violations of the Agreement and also notify the employee participating therein.

SECTION C:

Shop Stewards will only leave their area during bl'eaks or meal times.

Gana A Yoo Corporation

SECTIONE:

A telephone will be made available to the Shop Stewards for the purpose of communicating with the Union. Such calls will be placed at no cost to the Company and be made during breaks, before or after work.

ARTICLE XIV - REST PERIODS

An employee who is scheduled to work for not less than Four ( 4) continuous hours on a shift shall be entitled to one paid Ten (10) minute unscheduled rest period <luting each Four ( 4) hours or part thereof.

ARTICLE XV - LAYOFFS AND RECALLS

In the event of a reduction of forces, the Company will give reasonable notice of layoff, under the circumstances, to the employees with the least seniority, and will recall employees in the reverse order, such recall to be by job classification.

ARTICLE XVI - WAGES

The schedule of effective wage rates and job classifications for employees is set forth in local Appendix "A".

ARTICLE XVII - OVERTIME

SECTION A:

One and One-half (1 Y2) times the homly rate of pay will be paid for all time worked in excess of Forty (40) hours per week.

SECTIONB:

When a regular employee is called to work within Two (2) hours of starting time of his next regular shift, he will receive Two (2) hours pay at the applicable rate.

SECTIONC:

A regulai" employee who has completed his shift, has left the Company property and is thereafter called for work at any time prior to Two (2) hours before his scheduled shift, will be provided with Two (2} homs of work m pay therefore at the applicable rate.

SECTIOND:

When a regular employee works on his scheduled day or days off, he will be entitled to work for the average munber of daily hours performed by the employee he is replacing or paid therefore at the applicable rate unless he consents to less time. No employee shall be compelled to accept overtime work, except in cases of emergency or when necessary to comply with

Gana A Yoo Corporation governmental directives or requirements. Employees will be given ample notice when applicable.

SECTION E:

An employee whose overtime work period continues into his following work day will continue to receive overtime rates for all overtime so worked. If such overtime work period continues so that its termination falls within Eight (8) hours prior to his resumption of work in the succeeding work day, he will receive One and One Half (1 ~) times his hourly rate of pay for all time worked during his next regular work shift. The Company may however;> direct an employee to report for work after receiving Eight (8) hours rest, and .if such rest period extends into the employee's regtilar shift hours, he will receive no loss in his straight time base rate of pay.

SECTIONF:

When an employee works more than Eight (8) hours in any Twenty Four (24) hour period due to a change of shift pursuant to his request, or in accordance with the regular rotation of employees, such employee shall receive only straight time for the second Eight (8) hours or portion thereof worked during such Twenty Fout period.

SECTIONG:

When an employee works overtime beyond his shift, he will be entitled to a Ten (10) minute unpaid rest period at the completion of his regular shift, and another such rest period at the completion of his Tenth (1 ot11

) consecutive hour if he is required to work beyond Ten (10) hours. On the sari1e basis, similar rest periods will be provided after each additional Two (2) hours worked. Such period will be scheduled as near to the appointed time as practicable, subject to requirements of the service.

SECTIONH:

Overtime work will be distributed among the employees qualified to perfo1m the work necessitating overtime within the appropriate crew or shift as equitably as practicable. Overtime lists will be made available to shop stewards on their request. The Company will give as much notice of overtime as practicable.

SECTION I:

No overtime will be worked except by prior direction of the proper supervisory personnel of the Company, except in case of emergency and -when prior authority cannot be obtained.

SECTION J:

For ove1time purposes, a day is the Twenty Four (24) hour period beginning with the starting time of the employee's regular work shift

SECTIONK:

Nothing herein shall be construed to require or permit the pyramiding of overtime or

Gana A Yoo Corporation overtime pay. Overtime hours shall be equally distributed in the classification of employees for which the work is to be completed.

ARTICLE XVIII - HEALTH AND WELFARE

The Company shall pay the Health and Welfare Benefits as set forth in local Appendix B".

ARTICLE XIX- VACATIONS

SECTION A:

Employees shall be entitled to paid Vacations as set forth in local Appendix "C".

SECTIONB:

Vacations will not be accumulated from year to yeat, not taken back to back. If the

Company consents, the employee may elect not to take his vacation, in which case he will receive pay in lieu thereof, on the anniversary date of his employmenL The employee may take his vacation in more than one segment with the consent of the Company. The employee will receive vacation pay in the next pay period in which their anniversary date falls in, regatdless if the employee takes time off for Vacation or not.

SECTION C:

An employee will receive pay for a paid holiday which fall-s within his vacation period, in accordance with the provisions of Article XX - Holidays.

SECTIOND:

Vacations Will be granted at times most desired by employees in order of their seniority within their work shifts, but the fiiml right as to allotment and sch~duling of vacation periods is reserved to the Company in order to assure the orderly operation of its business. Except in case of emergency, a vacation period once assigned will not be cancelled by the Company except with agreement ofthe employee.

SECTIONE:

Temporary layoffs or leaves of absence (30 days or less) during the year will not intenupt the continuity of service for the purpose of eligibility for vacation, and shall be counted toward the required year for each vacation period.

ARTICLE XX - HOLIDAYS

SECTION A:

Holidays for which every employee will be compensated at the hourly base rate of pay are set forth in applicable local Appendix attached hereto. In computing the number of hours for which an employee is entitled to compensation, the proportion which the average number of

Gan~ A Yoo Corporation hours worked by an employee during the preceding normal work week bears to Forty (40) hours shall be applied to Eight (8) hours to detem1ine the number of paid hours said employee is entitled to receive. For example, if an employee worked Thirty (30) hours during the normal work week preceding the holiday week, his holiday pay would be computed by% (30/40) of Eight (8) hours and multiplying the resulting Six (6) hours by his hourly base rate of pay.

SECTIONB:

Any work performed on a holiday will be paid at the employee's regular rate of pay in addition to the holiday pay. If any of the named holidays fall on a non-working day, the employees shall either observe the holiday on the following working day or shall receive pay for their average number of hours no1mally worked in lieu thereof.

SECTIONC:

In the event that one of the holidays shall occur during the employee's vacation, the employee will receive Holiday pay for that day.

SECTIOND:

When the Company requires work of any shift on a holiday'.) it shall post notice of such requirements as soon as notified by the Government said notice shall provide space for the signatures of volunteers for such work. If not enough qualified volunteers sign said notice the Company shall select qualified employees in revetse seniority to protect the work to be performed. However, if too many employees volunteer, the Company shall select qualified employees in order of seniority to perform the work.

SECTIONE:

In order for an employee to qualify for a paid holiday, he must have worked his regular scheduled work day immediately preceding the holiday and his regularly scheduled work day immediately following the holiday, unless excused by reason of illness, bereavement leave or other good cause. (To be determined by the Company)

''G".

ARTICLE XXI - SICK LEAVE

Sick leave will be paid as set forth in local Appendix "E".

ARTICLE XXII - PENSION

The Company shall pay Pension benefits a:s set forth in local Appendix "F".

ARTICLE xxm- JURY DUTY

Employees shall be entitled to Jury Duty compensation as set forth in local Appendix

Garia A Yoo Corpor9tion

ARTICLE XXIV - UNIFORMS

Proper uniforms will be furnished by the Company without cost to the employee, and shall be of a wash and wear material. All unif01ms will be returned to employer upon the employee's involuntary or voluntary terhiination with the contactor.

ARTICLE XXV - INDIVIDUAL CONTRACTS

No employee shall be compelled or allowed to enter into any individual contract or agreement with the Company concerning the conditions of employment herein.

ARTICLE XXVI - NO STRIKE - NO LOCKOUT

SECTION A:

During the term of this Agreement, the Union shall not authorize, cause or engage in, sanction or assist in any work stoppage, strike or slow down of operations.

SECTIONB:

During the term of this Agreement, the Company shall not cause, permit or engage in any lockout of its employees.

SECTIONC:

The Company reserves the right to discharge or otherwise discipline any employee taking part in any violation of this provision of the Agreement

ARTICLE XXVII - EMPLOYEE INJURY

An employee injured during working hours shall receive the rest of the day off without loss of pay, provided that the injuries are such that a doctor orders the employee not to rett.m1 to work.

ARTICLE xxvm - GOVERNMENT REQUIREMENTS

The Union agrees to cooperate with the Company in all matters required by the United States Government, arid the Uni.on recognizes that the terms and conditions of the Agreement are subject to certain sovereign priorities which the United States Government may exercise. The Union agrees that any actions taken by the Company pursuant to a requirement of the United States Government shall not constitute a breach of the Agreement. Nothing in this Agreement shall be construed to prevent institution of any change prior to discussion with the Union where such changes are required by the United States Government. The Company will however, negotiate with the Union concerning the effects of such change.

Gana A Yoo Corporation

ARTICLE XXIX- GENERAL

SECTION A:

This Agreement when accepted by the parties hereto and signed by the respective representatives thereunto duly authorized, shall constitute the sole agreement between them involving the employees covered by this Agreement. Any alteration or modifications of this Agreement must be made by and between the parties hereto and must be in writing.

SECTIONB:

In the event any provision of this Agreement is declared invalid by any competent court or governmental agency on account of existing or futme legislation, such invalidation shall not affect the remaining provisions of this Agreement.

SECTION C:

Any employee leaving the service of the Company will, upon request from the employee, be furnished with a letter setting forth the Company's record of his job classification, stating his length of service and beginning and ending rate of pay.

SECTIOND:

Employees entering the service of the Company may be required to talce a physical examination. The cost of all Company required physicals shall be paid by the Company. All employees may be subjected to further physical examinations during the course of his employment or recall to service after layoff or leave of absence.

SECTIONE:

The Company shall provide space for postings by the Union.

SECTIONF:

Company payroll records with respect to any employee in the unit whose pay is questioned will be provided upon request of the Union within a reasonable period of time, except for payroll records with respect to the cunent period with respect to such an employee, which may be examined by the Union upon request during business hours.

SECTIONG:

In the event the Department of Labor determines that the wages and fringe benefits contained in any local Addendum to this Agreement were not reached as a result of arms-length negotiation or are substantially at variance with those prevailing for services of a similar character in the locality, then such wages and benefits shall be rendered null and void. In such event, the Company shall be obligated to pay the wages and fringe benefits specified in the appropriate wage determination issued by the Department of Labor.

SECTIONH:

Subject to the express limitations of this Agreement, the Company retains the sole and exclusive right in its discretion to manage its business, to hire, discharge for cause, layoff, assign, Gana A Yoo Corporation transfer, promote or demote employees, to determine the starting and quitting time, to establish or discontinue or change operations, productions, or work standards, or plant rules, however, with respect to any action which results in a change in established work rules, existing hours of work or the size of the work force, the Company shall give prior notice to the Union before ta1cing such action and shall afford the Union a opportunity to negotiate on such matters.

Nothing herein shall prevent individual employees, either alone or with a Union representative, from consulting with Company representatives on problems relating to their individual work schedules.

ARTICLEXXX - DURATION

SECTION A:

This Agreement shall become effective August L 2017, and shall continue in full force and effect until July 31, 2020, and shall renew itself each successive August 1st, thereafter unless written notice of an intended change is served in accordance with the Labor Management Relations Act, as amended, by either party hereto at least Sixty (60) days but not more than Ninety (90) days prior to the termination date of the contract.

SECTIONB:

For the purpose of negotiating changes in wages, group insurance contributions, sick leave, vacation and holidays, as well as changes in or the introduction of other fringe benefit programs, for a covered facility, the parties shall meet on or about June 1st of each contract year.

If the parties are unable to reach agreement by August 15th of each year, either party may terminate this Agreement upon ten (lO) days written notice to the other party.

I ~~ WITNESS WHEru;:oF, the parties hereto have executed this Agreement this ----~--..;;,'--- dayof ~~ 2017.

INDUSTRIAL, TECHNICAL AND

PROFESSIONAL EMPLOYEES

UNION, AFL-CIO.

DENISE M. MOORE

ITPEU REPRESENTATIVE

GANA -A YOO SERVICES

CORPORATION

PRESIDENT

Gana A Yoo Corporation

$4.41

APPENDIX "A"

WAGES:

CURRENTAND EFFECTIVE OCTOBERI, 2017:

JANITOR

LEAD JANITOR

FLOOR TEAM

FLOOR TEAM LEAD

SPECIAL PROJECTS

SPECIAL PROJECTS LEAD

$11.31 $12.51 $11.92 $12.51 $11.81 $13 .12

APPENDIX "B"

HEALTH AND WELFARE

CURRENT AND EFFECTIVE OCTOBER l, 2017:

The Company shall GOntribute for all employees who work on average 30 hours or more;

the sum of Four Dollars and Twenty-Seven cents ($ 4.27) per hour for all hours worked up to 40 hours per week, to the Company Employees Health and W elfa.re Plan. The Plan will meet all requirements for the Affordable Care Act.

All employees who work on average of less than Thi1ty (30) hours per week will receive Health and Welfare contributions in the same amount per hom worked on their check.

APPENDJX "C"

VACATION

CURRENT AND EFFECTIVE OCTOBER 1. 2017:

Two (2) weeks of paid vacation after One (1) year of service with a contractor or successor contractor.

Three (3) weeks of paid vacation after Five ( 5) years of service with a contractor or successor contractor.

Four ( 4) weeks of paid vacation after Ten (IO) years of service with a contractor or successor contractor.

Length of service includes the whole span of continuous service with the present Gana A Yoo Corporation

(successor) contractor, wherever employed, and with predecessor contractor in the performance of similar work at the same Federal Facility.

APPENDIX "D"

HOLIDAYS

CURRENT AND EFFECTIVE OCTOBER l, 2017:

1. NEW YEARS DAY

2. MARTIN LUTHER KING JR'S BIRTHDAY

3. WASHINGTON'S BIRTHDAY

"4. MEMORIAL DAY

5. INDEPENDENCE DAY

6.LABORDAY

7.COLUMBUS DAY

8.VETERANS DAY

9.THANKSGIVING DAY

IO.CHRISTMAS DAY

In addition to the above holidays each employee is entitled to holiday pay for each day that is designated as a Federal Holiday for which the Federal Employees are paid.

APPENDIX "E"

SICK LEAVE

CURRENT AND EFFECTIVE OCTOBER L 2017:

All employees shall be entitled to paid sick leave accruable on the basis of 0.2308(which calculates to Yi day per month) per all hours worked to exclude overtime, cash outs and hours in excess of 40 hours in a week. Not to exceed 48 hours per year. Accrued sick leave, up to 16 hours, will be transferred to the next year. Only 48 hours of sick leave will be paid for any contract year with the accrued 48 hours. Unused sick leave will be forfeited.

An employee ihay all off sick with notice to site manager at minimum Two (2) hours prior to scheduled shift and use paid sick leave. In the case where the employee has been ill and off work more than Two (2) consecutive days. The day they return to work after documentation to return to work. If the employee does not present valid documentation the employee will not be paid for the sick days and may be issued proper disciplinary action ifwatTanted.

APPENDIX "F"

PENSION

CURRENT:

The Company shall contribute to the ITPEU Pension Fund the sum of Seventy cents

Gana A Yoo Corporation

($. 70) per hour for all straight time hours worked for each and every employee covered by this Agreement, but shall not exceed Forty ( 40) hours in any one week

In executing this Agreement, the Company agrees to be bound by the te1ms and conditions of the Agreement and Declaration of Trust establishing the ITPEU Pension Plan and any amendments duly adoptedthereto.

The Company further agrees to be bound by all resolutions and other actions taken by the Board of Trnstees of the ITPEU Pension Fund.

APPENDIX "G"

JURY DUTY

CURRENT AND EFFECTIVE OCTOBER l, 2017:

If an employee is summoned to serve op_ the jury on his or her regular scheduled work day, he/she shall be paid the difference between the amounts he/she received for jury duty and his/her usual rate of pay.

In order to be eligible for this compensation, the employee shall furnish to the employer on request a wtitten statement from the Clerk of Court showing that he/she were summoned and also the amount received fOT jury duty.

APPENDIX "H'~

BEREAVEMENT LEAVE

CURRENT AND EFFECTIVE OCTOBER L 2017:

I1l the instance of the death of a member of the immediate family of an employee, occurring after the completion of the employee's probationary period, the Cohipany will grant paid leave of not more than Three (3) days to enable such employee to attend the funeral and otherwise assist in arrangements pertaining to burial of a member of the family.

A dats pay will consist of the employee's regular base rate for the hours scheduled for the time during which the bereavement leave occurs and shall be applicable only to days within his regular work week.

The tenn "immediate family" as used herein is defined as consisting of the following members only:

Gana A Yoo Corporation

MOTHER, FATHER, SPOUSE, CHILDREN, GRANDPARENTS, GRANDCHILDREN,

SIBLINGS AND DOMESTIC PARTNER.

No employee is otherwise entitled to such benefits unless he/she gives reasonable notice to the Company prior to taking time off for bereavement purposes and provides appropriate documentation of his/her bereavement leave upon request of the Company.

l I _,M!N WITNESS WHEREOF, the parties hereto have executed this Agreement this

1 ~1~ dayof ~ 2017:

INDUSTRIAL, TECHNICAL AND

PROFESSIONAL EMPLOYEES

UNION, OPEIU Local 4873, AFL-CIO.

Denise M. Moore ITPEU Representative

GANA A YOO SERVICES

CORPORATION

B~}bt=1~ President

Gana A Yoo Corporation