J.25 - Collective Barganning Agreement.pdf

US SENATE

COLLECTIVE BARGAINING AGREEMENT

Between

COMPASS GROUP, THE AMERICAS DIVISION

and

UNITE HERE Local 23

Effective:

October 18, 2022 – September 30, 2026

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Table of Contents

ARTICLE 1 – RECOGNITION

ARTICLE 2 – UNION SECURITY/MEMBERSHIP

ARTICLE 3 – PARTNERSHIP GOALS & JOINT LABOR MANAGEMENT COMMITTEES

ARTICLE 4 – CHECKOFF AND POLITICAL ACTION FUND

ARTICLE 5 – RESPECT AND DIGNITY

ARTICLE 6 – GRIEVANCE AND ARBITRATION

ARTICLE 7 – DISCIPLINE AND DISCHARGE/JUST CAUSE

ARTICLE 8 – NON-DISCRIMINATION

ARTICLE 9 – PROBATIONARY PERIOD

ARTICLE 10 – SAFETY

ARTICLE 11 – SENIORITY

ARTICLE 12 – LEAVE OF ABSENCE

ARTICLE 13 – FUNERAL LEAVE

ARTICLE 14 – FORCE REDUCTIONS/BUMPING/RECALL

ARTICLE 15 – POSTING OF VACANCIES

ARTICLE 16 – TRANSFERS AND REASSIGNMENTS

ARTICLE 17 – IMMIGRATION, DIVERSITY AND CIVIL RIGHTS

ARTICLE 18 – BARGAINING UNIT WORK

ARTICLE 19 – NO REDUCTIONS

ARTICLE 20 – SHOP STEWARDS AND VISITATION

ARTICLE 21 – SUCCESSORS AND ASSIGNS

ARTICLE 22 – MANAGEMENT RIGHTS

ARTICLE 23 – NO STRIKE/NO LOCKOUT

ARTICLE 24 – WAGES

ARTICLE 25 – HEALTH AND WELFARE PLAN/PENSION

ARTICLE 26 – HOURS OF WORK

ARTICLE 27 – OVERTIME AND PREMIUM PAY

ARTICLE 28 – JURY DUTY

ARTICLE 29 – REPORT IN PAY

ARTICLE 30 – CHANGES IN HOURS

ARTICLE 31 – HOLIDAYS

ARTICLE 32 – SICK/PERSONAL DAYS

ARTICLE 33 – VACATION

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ARTICLE 34 – MISCELLANEOUS

ARTICLE 35 – TRANSLATION/COPYING OF THE CONTRACT

ARTICLE 36 – MULTI-UNIT WORK

ARTICLE 37 – COMPLETE AGREEMENT

ARTICLE 38 – SEPARABILITY AND SAVINGS

ARTICLE 39 – TRANSPORTATION BENEFITS

ARTICLE 40 – CATERING ISSUES

ARTICLE 41 – PREGNANCY AND POST-PREGNANCY

ARTICLE 42 – TERM AND RENEWAL

APPENDIX A – WAGES

APPENDIX B – EMPLOYEE RECORDS

APPENDIX C – PARKING

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This AGREEMENT made and entered into by Restaurant Associates, A Division of Compass Group, the Americas (hereafter Called “Employer” operating at the Senate in Washington, DC and UNITEHERE Local 23 (hereinafter called “Union”)

ARTICLE 1 – RECOGNITION

Section 1 The Company hereby recognizes the Union as the exclusive representative for collective negotiations concerning terms and conditions of employment for Restaurant Associates, A Division of Compass Group employees operating at the Senate Food Service Operations in Washington DC as defined by the “Minimum Classifications Rate” chart outlined in Appendix A of this agreement. .

Should the Company determine to add any additional classifications within the scope of the bargaining unit, the Company will notify the Union and provide it with both a job description for the classification and the initial wage rate. If the Union invokes its right to negotiate over the wage rate, the parties shall meet for that purpose.

Section 2 The Company shall not abridge, add to, or change any section of this Agreement, except for any changes reached by mutual agreement, and the Company shall not enter into any separate agreements, covenants or contracts with any individual who is part of the bargaining unit, which would abridge, add to, or change this Agreement.

Section 3 Excluded from the bargaining unit shall be managers, chefs, sous chefs, sushi chefs, On Call Butler Staff, Transfer Employees, Confidential and clerical employees, office/professional employees, supervisors and guards as defined in the National Labor Relations Act.

Section 4 Definitions

• Full-Time Employee – A member of the bargaining unit regularly scheduled to work thirty or more hours per week.

• Part-Time Employees – A member of the bargaining unit regularly scheduled to work fewer than thirty hours per week.

• Casual Employee – An employee of the Company doing work of the type performed by an Appendix A classifications who is scheduled on an irregular and as needed basis.

• Transfer Employees – Employees of Compass Group that are covered by 5 C.F.R. §

842.110., PL 119-279 – July 17, 2008 and PL – 116- June 12, 2019 and any other applicable amendments an provision in the law that are established in the future. It is understood by the parties that these requirements under these guidelines must be followed. It is further agreed that the requirements under these guidelines are not subject to the Grievance and Arbitration Article as outlined in the Master Agreement.

Except to the extent that the union is grieving whether they are being followed.

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• Tour of Duty – A guaranteed number of hours paid to Employees on a weekly basis.

The Parties mutually agree that the requirements of the Tour of Duty must be followed and take prescient over this agreement. This section shall not be subject to the Grievance and Arbitration Article. Except to the extent that the union is grieving whether they are being followed.

ARTICLE 2 – UNION SECURITY/MEMBERSHIP

Section 1 Good standing membership in the Union shall be a condition of employment with the Employer for all bargaining unit employees who have such membership on the date of execution of this Agreement; it shall also be a condition of employment with the Employer for all other bargaining unit employees on and after the thirtieth (30th) day following the execution or effective date of this Agreement, or on or after the thirtieth (30th) day following the beginning of their employment, whichever is the later. If the foregoing is prohibited by law, then at the corresponding time all employees shall be required as a condition of employment (unless prohibited by law) to pay to the Union a service charge to reimburse it for the cost of negotiating and administering this Agreement.

Section 2 The failure of any employee to become a member of the Union at such required times shall obligate the Employer, upon written notice from the Union to such effect and with proper documentation, and to the further effect that Union membership was available to such employee on the same terms and conditions generally available to other members, to forthwith discharge such employee. Further, failure of any employee to maintain his Union membership in good standing as required herein shall, upon written notice to the Company to such effect, obligate the Employer to forthwith discharge such employee.

Section 3 The Union shall indemnify and save the Employer harmless against any and all claims, demands, suits or other forms of liability that shall arise out of or by reason of action taken by the Employer in compliance with any of the provisions of this Section.

Section 4. Good standing membership in the Union for purposes of this Article means such membership in the Union through membership in UNITE HERE.

Section 5. In the event that Section 1 may not be lawfully applied, all employees shall be informed by the Employer of the existence of this Agreement. The parties agree that the following Joint Statement shall be read or provided to employees at new employee orientation and posted in the workplace: All union represented employees of Compass Group are covered under a collective bargaining agreement between Compass Group and UNITE HERE.

Compass Group is neutral on the subject of employees’ decision to join or not join the Union.

No employee shall be discriminated against for either joining or not joining the Union. More information and a copy of the Union Contract can be obtained by calling the Union Office at

(202) 393-4373 x 3668.

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Section 6. To simplify the Employer's and the Union's administration of this Section, the Employer shall upon the hiring of new employees provide each employee an application for union membership and dues-check off authorization form. The Employer shall remit the completed forms to the union monthly. All new employees shall be entitled to receive an unpaid fifteen (15) minute orientation provided by the Union during the course of each new hire orientation.

ARTICLE 3 – PARTNERSHIP GOALS & JOINT LABOR MANAGEMENT

COMMITTEES

Section 1 - Partnership Goals The Employer and the Union agree that job security for the employees is best assured by growth of the business and that growth of the business is dependent on increased teamwork and productivity aimed at meeting the competitive challenges in the marketplace. The parties further agree that the most effective way of accomplishing those goals is through labor-management cooperation and a partnership between the Employer, the employees and the Union. The parties also believe that employee involvement and participation in improving the quality of their jobs and the growth of the business is an important goal of the Employer and the Union, as is building trust and improving communication between management and the employees. Toward those goals and objectives, the parties have agreed to create Site Joint Labor Management Committees, (JLMC).

Section 2 - Site JLMC The Employer and the Union agree there shall be a Site Joint Labor Management Committee consisting of no more than five (5) individuals from the Employer and no more than one (1) Employee representatives from each work unit. The names of the committee members shall be submitted by each party to the other, in writing. Meetings will be held at mutually agreeable times and places so as to apprise the other of problems, concerns and suggestions related to the operation, working conditions and the labor agreement, all with the aim of promoting better understanding between the parties. Meetings will be held no less often than quarterly. A written agenda shall be established for each meeting. Employees assigned to the Site JLMC shall be paid their regular hourly rate for the time spent as a committee member on the JLMC.

Such meetings shall not be construed as opening the Agreement for negotiations nor shall such meeting be considered as a step in the grievance procedure. No rights either party has under the Grievance and Arbitration procedure or any other Article of the Agreement shall be waived by utilizing the Site JLMC including the exercise of management's rights by the Employer not to conflict with the Agreement.

Section 3 Any agreement reached by the Site JLMC to alter, change or amend the Labor Agreement will become final and may be implemented only after it is agreed to in writing by both the President of the Union and the Head of the Employer’s Labor Relations department or designee.

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Section 4 The parties may jointly choose to train Site JLMC participants in interest-based problem solving.

Section 5 The parties may jointly agree to have the Joint Labor Management Committee meetings facilitated.

ARTICLE 4 – CHECKOFF AND POLITICAL ACTION FUND

Section 1 The Employer agrees to deduct weekly, if the Employer's payroll system permits, from the wages of each employee who so authorizes such deduction, the amount of regular initiation fees and monthly Union dues as certified to the Employer by the Secretary- Treasurer of the Union. Except for the deduction of fees other than dues, the Employer will not deduct more than one month's dues from any single paycheck, or more than two months due any single month.

Section 2 The Employer shall remit each month to the union, the amount of deductions made for that particular month including initiation fees, reinstatement fees, membership dues and arrears, together with a list of employees their social security numbers, address, phone number, hourly rate of pay, and arrearage per week/month, for whom such deductions have been made, and for those employees for whom no deductions were made a reason why. The list will include all official personnel actions that result in a change of status of bargaining unit members, including new hires, terminations, leaves of absence, and layoffs. The remittance shall be forwarded not later than the twenty-fifth (25th) of the month following the month in which deductions are made. The Company will transfer the information dues remittance electronically to the union’s secure FTP site.

The Employer shall notify the union within thirty (30) days of the name, address, and classification of new or additional employees.

Section 3 The Union shall hold harmless the Employer from any and all claims that may arise out of the Employer's compliance with this Article.

Section 4 Voluntary Political Deduction -The Company shall deduct and transmit to the Treasurer of UNITE HERE TIP Campaign Committee the amount of contribution specified, at a flat dollar amount, for each payroll period or other designated period worked from the wages of those employees who voluntarily authorize such contribution at least seven

(7) days prior to the next scheduled pay period, on the form provided for that purpose by the UNITE HERE TIP Campaign Committee. These transmittals shall occur no later than the twenty-fifth (25th) day of the following month, and shall be accompanied by a list setting forth as to each contributing employee his or her name, address, occupation, rate of PAC payroll deduction by the payroll or other designated period, and contribution amount. The parties acknowledge that the Company's costs of administration of this PAC payroll deduction have been taken into account by the parties in their negotiation of this Agreement and have been incorporated .in the wage, salary and benefits provision of this Agreement. The company shall send these transmittals and this list to: Treasurer, UNITE HERE TIP Campaign Committee, 275 Seventh Avenue, New York, NY 10001.

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ARTICLE 5 – RESPECT AND DIGNITY

The Employer and Union agree that each employee and supervisory representative of the Employer shall be treated with dignity and respect. Verbal abuse, threats or harassment by employees, managers, representatives of the union, or supervisors towards each other will not be tolerated. Discipline shall be handled in a professional manner.

ARTICLE 6 – GRIEVANCE AND ARBITRATION

Section 1 The term "Grievance" as used herein means any alleged violation, misinterpretation, or misapplication of this Agreement, and may be raised by an individual, group of individuals covered by this Agreement, or the Union on behalf of an individual or group of individuals covered by this Agreement. The claims covered by this Grievance and Arbitration Procedure include, but are not limited to, claims covered by the National Labor Relations Act and claims alleging a unilateral change in the terms and conditions of employment.

All grievances shall be processed in the following manner:

Step 1: The parties share a common goal of attempting to resolve most matters informally without resort to the grievance process. Toward this end, the parties will attempt to address issues promptly as they arise. Any grievance shall be submitted in writing to the Work Unit General Manager within ten (10) calendar days of its occurrence or of the date when the employee or the Union first became aware of the circumstances giving rise to the alleged grievance. The grievance shall set forth the alleged facts of the grievance, the specific Article(s) and Section(s) alleged to have been violated, and the remedy that is being sought.

The General Manager shall provide a written response within seven (7) calendar days after receipt of the grievance.

Step 2: If not resolved satisfactorily at Step 1, the grievance shall be submitted in writing to the Regional Director or their designee by the Union's Representative or their designee within seven (7) calendar days after receipt of the response at Step 1. Either the District Manager or their designee or the Union shall request a meeting, which may be conducted telephonically if mutually agreed, for the purpose of resolving the grievance prior to the Employer's final decision. The meeting shall be held within (7) seven calendar days of being requested and will never exceed two paid employees.

Within seven (7) calendar days of the meeting the Employer shall deliver to the Union a written reply, which shall provide for a decision in the matter and the reason(s) for the decision.

If the grievance is not resolved after the procedures in Step 2 have been completed, the parties, by mutual agreement, may refer the matter to non-binding mediation through FMCS.

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Such referrals shall occur within seven (7) calendar days after the union receives the written response from the District Manager. This process will be conducted under FMCS jurisdiction and guidelines.

Section 2. Arbitration:

If the grievance cannot be satisfactorily adjusted at Step 2, the matter may be referred by the Union for final decision and determination to an impartial arbitrator. A request for arbitration shall be filed in writing with the Federal Mediation and Conciliation Service (FMCS) no later than thirty (30) calendar days following the receipt of the written Step 2 answer, or the conclusion of grievance mediation, whichever is applicable. Both the Employer and the Union agree to be bound by the rules and regulations of the FMCS.

Each party to this Agreement shall bear the expenses of preparing and presenting its own case. The fees and the expenses of the Arbitrator, together with any incidental expenses mutually agreed upon in advance, shall be borne equally by the parties.

The decision of the Arbitrator shall be final and binding on the Employer, the union, and employee(s) involved. It is understood that the Arbitrator shall have the power to modify on disciplinary cases, but shall not have the ability or power to in any way modify, change, restrict, or extend any of the terms of this Agreement.

Section 3 The time constraints that refer to any step of this procedure may be extended by mutual written agreement of the Employer and the Union. Any reasonable request made before the expiration of the time limit to be extended shall be honored by the Employer and the Union. Failure to file a grievance or to proceed to the next step within the prescribed time limits shall constitute a waiver of all rights to grieve and arbitrate such matters.

Section 4 Grievances concerning disciplinary suspensions or discharges may be submitted at the second step of the grievance procedure. If the grievance is not settled at Step 2, it may be directly submitted to arbitration except as limited in the above paragraph.

Section 5 The Employer shall pay employees at their regular wage rate when they are involved in the grievance discussion and meetings with the Employer, when such meetings take place during their regularly scheduled, normal working hours.

Section 6 Should the grievance not be resolved at the existing step or should there be no response from the Employer within the specified time limits, the grievance will be automatically carried to the next step.

Section 7 To facilitate the efficient and timely administration of this article, Union Representatives may participate in grievance investigations and meetings via telephone, and union stewards will have access to telephones and facsimile machines for the sole purpose of communicating with union representatives regarding a pending grievance. Such access shall be limited to reasonable times so as to properly balance the Company's concern for maintaining efficient operations and the union's ability to address necessary aspects of a pending grievance.

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Section 8 Any grievance of an employee termination may be expedited by the union following the Step 2 answer. It will be scheduled for the first available date offered by the selected arbitrator. The arbitrator will conduct the hearing without transcript and the parties will present all post-witness argument orally and without written briefs. The arbitrator will issue a determination within seven (7) days of the close of the hearing.

ARTICLE 7 – DISCIPLINE AND DISCHARGE/JUST CAUSE

Section 1 No non-probationary employee shall be discharged, suspended or otherwise disciplined without just cause. The Employer will promptly advise the Union of any discharge.

In the event the Union claims the discharge is unjust, the grievance may be referred directly to Step 2 of the grievance procedure within fourteen (14) calendar days of the occurrence.

Section 2 An employee shall be permitted to have a Shop Steward or Union representative at any meeting with the Employer, or its agents, which meeting is for the purpose of investigating alleged misconduct by the employee that might be the basis for, or which may result in, the discharge, suspension or other disciplinary action with respect to the employee.

If the employee indicates that he/she wishes a steward to be present, and one is not available, the disciplinary meeting shall be temporarily postponed unless it is an event covered in Section 4 below.

In such cases, another bargaining unit person of the employee's choosing shall be asked to sit in as a witness. If it is not a Section 4 situation, the discipline shall be delayed until the employee's next shift.

Section 3 Disciplinary or corrective counseling notices may not be considered as a step in progressive discipline if they were written more than twelve (12) months prior to the date of a new disciplinary or corrective counseling action.

Such documents more than twelve (12) months old may only be used as evidence that an employee was aware of a rule or policy. Copies of all formal written discipline shall be provided to the Union Steward present at the counseling session or the Union Steward assigned to the shift.

Section 4 At the final step of progressive discipline, or in the event of a single serious incident or rule violation, the employee shall be suspended pending investigation and with the intention to terminate. The Union shall be given notice of such suspension within three (3) calendar days. The final disposition of the matter shall be made within seven (7) calendar days, and notice of disposition shall be sent to the Union. Notices are to be sent by e-mail or dated fax. However, the Company may request additional time in order to continue its investigation from the Union. The Union will not arbitrarily deny such request.

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Section 5 For discipline situations that are appropriate for progressive discipline the progressive steps shall be:

1. First Written Warning

2. Second Written Warning

3. Final Written Warning and Suspension

4. Suspension pending investigation and decision to terminate

All discipline will be given within five (5) employee working days of the event which triggered the discipline or within five (5) employee working days of when the supervisor or the manager would have reasonably known of the event which triggered the discipline. For purposes of this section, working days means days when the employee receiving the disciplinary action reports for their regularly scheduled shift and works the majority of the scheduled hours. The Company may request additional time in order to continue its investigation from the Union.

The Union will not arbitrarily deny such request.

Section 6 Attendance issues shall be considered on a separate disciplinary track from other issues. Cash handling issues shall be considered on their own disciplinary track, separate from other issues.

Section 7. Client Barring

A. If the Employer's client notifies the Employer that it has, or intends to, deny access to an employee from the workplace, the Employer shall do the following:

1. give the Union a written statement of the reason(s) why the client denied access to the employee and all available supporting documentation such as by way of example written statement from client denying access to the employee, any communications between the Employer and the client regarding the denial of access, and any proof that may exist that client has authority to deny access in any lease, contract or other agreement.

2. conduct a full and fair investigation of the circumstances that resulted in the client denying access to the employee; and

3. provide the Union a copy of any disciplinary action taken with respect to the employee including any suspension, termination, loss of compensation, etc.

B. If the Employer determines that there was just cause for denial of access in accordance with Article 33 and the employee is not allowed to work, the Union may grieve same and the Employer must prove that it had just cause to discipline or suspend the employee based on the merits of the employee’s conduct in order to prevail in said arbitration. The Employer will not argue in said arbitration that just cause exists because the client denied access.

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C. If the arbitrator agrees with the Employer, the Union shall take no further action.

D. If the arbitrator decides that no discipline or lesser discipline is warranted, then the following such apply:

1. the remedies available to the arbitrator will include (a) back pay and benefits from the date the Employee’s property access was denied; and (b) front pay and benefits until the client allows the employee to return to work, except that the Employer may assign the employee to work at another location operated by the Employer under the Master Agreement with the same or less commute time and expense and reduce its front pay and benefit obligation by any compensation the Employer pays to the employee or would have paid to the employee if the employee had not declined to work and by any unemployment compensation the employee receives; and

2. The provisions of subparagraph B (1) shall terminate when the employee is allowed to or is able return to the original workplace; the employee is offered another, comparable position; or if the employee would have stopped working for the Employer for another reason. Whether another position is "comparable" shall take into account the employee's seniority with the Employer, and in the event an employee is transferred pursuant to subparagraph B (1) the Employee’s original hire date will be recognized for vacation accrual purposes. Classification seniority in the location to which the employee is transferred shall govern with respect to layoffs and recalls, work schedules, shifts, vacation scheduling and overtime. Transferred employees will suffer no lapse in medical coverage under this Article if previously eligible. If an employee transferred under this Section is laid off or has hours reduced due to seniority (above) the employee will be transferred to another comparable position.

E. The Employer shall continue to use its best efforts to persuade its client not to unreasonably deny access to any bargaining unit employee from entering the workplace without just cause.

F. If the Employer believes that the circumstances that resulted in the client denying access to the employee did not create just cause for the barring, the remedies set out above will apply.

ARTICLE 8 – NON-DISCRIMINATION

There shall be no discrimination by the parties against an employee on account of race, color, gender, age, religion, creed, marital status, gender identity, disability, sexual orientation or national origin or other protected status under applicable federal, state and local anti-discrimination laws. No employee shall be discriminated against because of their membership in the Union or because of any lawful activities by such employees on behalf of the Union.

The Employer will train all new employees (managerial and bargaining unit) about its sexual harassment policies. The Employer will share its training materials with the Union.

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ARTICLE 9 – PROBATIONARY PERIOD

Section 1 The first sixty (60) calendar days of employment for all new employees shall be considered a probationary period for purposes of this Agreement. With written consent of the Union, the Employer may extend the probationary period for an additional thirty (30) calendar days.

Section 2 During the aforementioned probationary period, the Employer may discharge such employee for any reason whatsoever. Any employee discharged during such probationary period shall not have recourse to the grievance procedure as set forth in this Agreement.

ARTICLE 10 – SAFETY

Section 1 The Employer will ensure that the working environment and all conditions of work are maintained in a safe manner and that all safety devices and equipment required by the various health codes and other applicable statutes are supplied to maintain a safe environment.

Section 2 A Joint Safety and Health Committee ("Committee") will be established by the Employer and the Union, composed of up to five individuals from the Employer and one Employee representative from each museum. The Committee shall be organized to provide assistance in identifying and eliminating potential safety hazards throughout the facility. The Employer will coordinate the meetings of the Committee. This Committee will meet periodically, but no less than quarterly at which time they will conduct a walk-around inspection. The Employer will consider all of the recommendations from the Committee in good faith.

Section 3 - Protective Equipment:

The Employer shall make available appropriate personal protective equipment and replace for normal wear and tear as needed, at no cost to the employee. Employees are expected to use/wear all protective equipment and are responsible for lost protective equipment. The Employer will supply latex gloves as needed. Latex gloves will not be used in place of “cut” gloves and the Employer will supply sufficient “cut” gloves to all employees and will not require any employee to perform knife work or handle any slicing apparatus without a “cut” glove. Failure to wear a “cut” glove when performing knife work or handling any slicing apparatus will result in disciplinary action.

ARTICLE 11 – SENIORITY

Section 1 Except as set forth in a separate provision, seniority shall be defined as length of continuous service in the bargaining unit covered by this Agreement.

Section 2 Seniority shall govern with respect to layoff and recall, vacation, choice of shifts, days off and overtime subject to the Company’s establishment of designated work schedules.

For purposes of this Section, seniority shall be last date of hire in a food service position at the Smithsonian Institution.

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Section 3 In the event that two or more employees are hired on the same day their seniority shall be decided by a lottery of said employees.

Section 4 Seniority shall be deemed broken for the following reasons:

1. A voluntary quit;

2. A discharge for cause,

3. Failure to return to work in accordance with the terms of an approved leave of absence;

4. A continuous layoff equal to the employee's length of service when the layoff began or twelve (12) months, whichever is less;

5. Failure to return to work within five (5) days of notice sent to the last address on file by registered mail;

6. Illness or injury absence equal to the employee's length of service when the leave began or one (1) year, whichever is less;

7. Two (2) consecutive work days no call/no show unless failure to call is due to an emergency beyond the control of the employee.

ARTICLE 12 – LEAVE OF ABSENCE

Section 1 Upon written notice to the Employer, an employee with at least 6 months of service may apply for a personal leave of absence of up to sixty (60) days. An employee must submit a written request at least thirty (30) calendar days in advance however; the Employer will consider exceptions for unforeseen circumstances. The application shall specify the reason and the requested length of time for leave. The leave may be extended by mutual agreement of the parties in writing in advance of the conclusion of the original leave. The Employee shall give a minimum of fifteen (15) days notice of such request.

Section 2 Employees must receive approval by the Employer for the leave; such approval will not be unreasonably withheld.

Section 3 Medical leaves of absence, without loss of seniority, of up to twelve (12) months, or length of service, whichever is less, shall be granted by the Employer upon a reasonable showing by the employee of medical necessity, to care for a sick family member, a newborn or newly adopted or fostered child. A medical leave of absence, whether due to occupational or non-occupational injury or illness, may not exceed the period of time the employee is certifiable as being medically disabled from resuming work. In the event an employee medically able to return to work desires to extend the leave of absence, the employee shall notify the Employer and apply for a personal leave of absence in accordance with the requirements of this Article for personal leaves of absence.

Section 4 For employees taking a medical leave of absence (including maternity leave) which is supported by a physician’s statement verifying the medical need for the leave, upon showing of reasonable cause, an employee at any time may be requested to submit to a medical examination at Employer's expense and up-on reasonable notice. At the option of the employee, the examination may be made by a physician selected by the Employer or one of his/her own choosing. In the latter case, the employee shall bear the expense of the examination by the physician of his/her own choosing. The results must be made available to a physician of the Employer's choosing for evaluation.

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Section 5 The continuation of insurance and the division of premium expense for insurance coverage during medical leave shall be for up to a total of sixteen (16) weeks within one calendar year or greater if required by the guidelines of the Family and Medical Leave Act or other applicable laws.

The employee shall be responsible for making his/her normal co-pay the first of each month toward the premium.

Section 6 The Company agrees that eligible employees may take up to a total of sixteen

(16) work-weeks of unpaid family medical leave in a twelve (12) month period, or more if mandated by applicable law, to care for a sick family member, a newborn or newly adopted or fostered child. During such leave an employee shall suffer no loss in seniority. Such employee shall be entitled to reinstatement to his/her former job and classification unless his/her right to reinstatement has been eliminated by the layoff procedure in Article 14 of this Agreement.

During the employee's leave the Company shall continue to provide him/her with health insurance. The employee shall be responsible for making his/her normal co-pay the first of each month toward the premium. In order to be eligible for this leave, an employee must have worked for the Company for a total of twelve (12) months or more and have worked at least 1,250 hours during the twelve (12) months preceding the leave.

Section 7 In the event that an employee is hired or appointed to short-term employment with the Union, the employee shall be allowed to take leave, subject to the Employer's legitimate business needs. Such leave shall not exceed twelve (12) months. No more than one (1) employee per Work Unit, not to exceed four (4) total bargaining unit employees may be awarded such leave at a time, unless mutually agreed upon by the Parties. The company shall continue to pay for the employee's benefits during such leaves provided that the Union and/or employee reimburses the company in full for such benefits. The employee shall continue to pay their share for any benefits.

During such leave the Employer will continue the seniority of the employee on leave and the accrual of benefits based on seniority.

Section 8 Upon the Union's request and subject to the Employer's business requirements, union members serving as stewards, alternate stewards under this contract shall be granted special training leaves to attend group trainings provided by the union. Such leaves will be unpaid and will not adversely affect an employee's seniority or benefits. Union members serving as stewards under this contract shall be granted special training leaves to attend group training provided by the union: not more than one (1) union member serving as a steward from each small location, two (2) members serving as stewards from each medium location, and four (4) members serving as stewards from each large location. The Union will work with the Employer to schedule such training in a manner that minimizes the impact of the attendees’ absence on the Employer's business, and will provide the Employer with as much notice as is practicable, which in any case shall not be less than ten (10) working days.

Stewards may utilize paid time off to attend.

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Section 9 An employee who enters the armed forces of the United States, or is called to active duty or military training, will be granted an unpaid leave of absence according to current state and federal laws

Section 10 An employee returning from any leave shall be entitled to reinstatement to his/her position, hours and work unit unless the position has been eliminated as a result of layoffs or other legitimate business needs. In such event, the employee may use their seniority as provided for in Article 14.

Section 11 An employee may, at his/her option, utilize paid vacation during a medical leave of absence or FMLA leave of absence.

Section 12 No leave of absence, whether medical or personal, may exceed the employee's length of service with the Employer or one (1) year, whichever period is shorter. No leave of absence for any on the job injury or illness shall exceed the employee's length of service with the Employer or eighteen (18) months, whichever period is shorter.

ARTICLE 13 – FUNERAL LEAVE

Section 1 In the event of death in the immediate family of an employee requiring such employee to be absent from work, such employee shall be allowed pay at his/her base rate for the amount of time lost which is reasonable and necessary under the circumstances; but in no event shall absence with pay exceed three (3) consecutive working days.

Section 2 For the purpose of this Section, immediate family shall be defined to include only spouse, domestic partner, child, father, mother, brother, sister, mother-in-law, father-in-law, daughter-in-law, son-in-law, sister-in-law, brother-in-law, grandparent, and foster parent of the employee. It is understood and agreed that the Company may require satisfactory proof as to any such death, the true relationship of the deceased to the particular employee, and the date, time, and place of the funeral. Falsification of any of this information shall be grounds for dismissal.

Section 3 In the event of the death of other family members, all employees are entitled to a paid funeral leave of one (1) working day. If the funeral takes place more than five hundred (500) miles from where you work, an employee will be allowed to take up to three

(3) consecutive days of paid funeral leave. Other Family Members - This includes the employee's aunt, uncle, niece, nephew and cousin. The employee's supervisor may require proof of attendance at the funeral and relationship to the employee.

Section 4 If the funeral is to take place more than two hundred and fifty (250) miles but less than five hundred (500) miles, an employee shall be allowed to take up to an additional two (2) unpaid days. (Sick/Personal days will be used if the employee has them available.) If the funeral is to take place more than five hundred (500) miles from where the employee works, the employee will be allowed to take up to five (5) consecutive working days of paid funeral leave.

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ARTICLE 14 – FORCE REDUCTIONS/BUMPING/RECALL

Section 1 In the event of a reduction in force, the least senior person in the affected job classification shall be the first person to be laid off so long as the remaining employees are qualified to perform the remaining work with minimal training. The displaced employee may bump a less senior employee in the bargaining unit provided they have the seniority and are qualified to perform the work successfully with minimal training. The displaced employee without seniority to bump shall be laid off.

Section 2 Employees shall be recalled to their former position in inverse order as business needs dictate.

Section 3 Notice of recall shall be sent to the employee's last known address on file with the Company and by telephone to the last known phone number on file with the Company. It is the employee's responsibility to maintain up to date address and phone information on file with the Company.

Notice of recall after a shutdown shall be handled in the following manner: Tentative schedules will be posted and given to the employees prior to shut-down. Any changes to the schedule after distribution will be sent by registered mail or delivery service.

Section 4 Employees shall be provided with letters from the Company, notifying them of the layoff, and the expected date of return if known.

Section 5 The parties agree that this article shall be subject to the terms and conditions as outlined under Article 1, Section 4.

ARTICLE 15 – POSTING OF VACANCIES

Section 1 All vacancies shall be posted in writing for seven (7) calendar days on internal bulletin boards in each facility. A copy of the posting shall be given to the Shop Steward and Union Representative. Persons shall apply for the posted vacancies by either signing their names to the posting notice or by sending a written request to the General Manager. Interviews will be conducted within fourteen (14) calendar days of the completion of the posting period. When more than one active current employee is deemed by management to be qualified for a position, selection of employees to fill the vacancies shall be governed by seniority. The Employer shall post the original open position and one additional posting in sequence unless the successful bidder for the first posted position came from an entry-level position under this Agreement. In such instance, the Employer may hire a replacement from outside.

Section 2 Vacancy shall be defined as a regular position which is vacated by the separation of an employee and one the Employer determines should be replaced or a newly created position.

Section 3 The first thirty (30) calendar days of employment in a new job title for any existing employee will be considered a probationary period for the purpose of this Agreement. The Employer shall be entitled to extend the trial period for an additional thirty (30) calendar days upon written notification to the Union.

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1. Except as set forth during the aforementioned trial period, the employee's service in the new position may not be ended by the Employer for any reason. If the employee is disqualified during the trial period by the Employer or if they ask to be returned to their prior position during trial, they may not bid again for a period of six (6) months.

2. Upon such disqualification, the employee shall be entitled to return to the position previously held or a substantially similar position and he/she shall suffer no loss of seniority occasioned by the promotion.

3. Employees who successfully bid for new promotional opportunities may apply for a subsequent promotional opportunity without a time bar restriction.

ARTICLE 16 – TRANSFERS AND REASSIGNMENTS

An employee may request a transfer or reassignment to an equal or lower rated position. The Employer agrees that it will make reasonable efforts to accommodate such employee. Any impact on the rate of pay and/or benefits of the employee caused by said move shall be governed by this collective bargaining Agreement.

ARTICLE 17 – IMMIGRATION, DIVERSITY AND CIVIL RIGHTS

SECTION 1: EMPLOYMENT AND PRE-EMPLOYEMENT BACKGROUND CHECKS

a. The Employer shall not condition the continued employment, transfer or promotion of any bargaining unit employee on a review of the employee’s credit history or reports derived from the employee’s credit information.

b. The Employer will not inquire about, or require an employee, as a condition of continued employment, transfer, or promotion, to disclose or reveal, an arrest or criminal accusation that did not result in a conviction or that is not currently pending.

The Employer may not obtain such information through application forms, interviews, or criminal history checks.

c. The Parties agree that the above sections are agreed to provided that the above is consistent with any specific client/security requirements in order to obtain access to the facility.

SECTION 2: VOTING

a. Full-time employees who lack sufficient time outside scheduled work hours to vote in local, state and federal elections may take up to two (2) hours off work with pay for this purpose. Paid time off will be provided at the beginning or end of the employee’s regular shift, whichever will allow for the most free time for voting and the least time off of work.

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b. Employees requiring time off must notify their supervisor two days before voting and must present a voter’s receipt to their supervisor upon return to work from voting.

SECTION 3: IMMIGRATION RIGHTS

a. No employee covered by this Agreement will experience a loss of seniority, compensation, or benefits due to the submission of legally documented changes in his/her name and/or social security number. The Company shall not take action against any employee solely because the employee is subject to an immigration proceeding where the employee is otherwise permitted to work.

b. In the event that an employee has a problem with his or her right to work in the United

States after completing his or her introductory or probationary period, the Company shall notify the Union in writing prior to taking any action. Upon the Union's request received by the Company within forty-eight (48) hours of the Company’s notice to the Union, the Company agrees to meet with the Union to discuss the nature of the problem to see if a resolution can be reached.

c. Seniority for Immigration Related Issues. In the event that an employee does not provide legally required proof that he/she is authorized to work in the United States following his/her probationary or introductory period, and his/her employment is terminated for this reason, the Company agrees to immediately reinstate the employee, without back pay, to his/her former position, without loss of prior seniority (but seniority does not continue to accrue during the period of termination) upon the employee providing proper work authorization within twenty-four (24) months from the date of termination so long as the employee has enough seniority and the ability to perform the position and the position still exists.

If the employee needs additional time to obtain his work authorization, the Company will rehire the employee into the next available opening in the employee's former classification, as a new hire without seniority, upon the employee providing proper work authorization within a maximum of twenty-four (24) additional months. The parties agree that such employees would be subject to a probationary period in this event.

d. Social Security No-Match Letters. In the event that the Company receives notice from the Social Security Administration (“SSA”) that one or more of the employee names and Social Security numbers (“SSN”) that the Company reported on the Wage and Tax Statements (Forms W-2) for the previous tax year do not agree with SSA's records, the Company agrees to the following:

1. The Company agrees that it will not take any adverse action against any employee listed on the notice, including firing, laying off, suspending, retaliating, or discriminating against any such employee, solely as a result of the receipt of a no-match letter, and

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2. the Company agrees that it will not, unless required by law, require employees listed on the notice to bring in a copy of their Social Security card for the Company’s review, complete a new I-9 form, or provide new or additional proof of work authorization or immigration status, solely as a result of the receipt of a no- match letter, and

3. The Company agrees not to contact the SSA or any other governmental agency, solely as a result of receiving a no-match from the SSA, unless required by law or if the response is to correct apparent incorrect information (i.e. misspellings, transposed numbers, etc.)

e. Workplace Immigration Enforcement. The Company shall, unless objected to by the affected employee, notify a representative of the Union as soon as practical if the Company receives a no-match letter from the Social Security Administration, or is contacted by the Department of Homeland Security (DHS) (formerly the INS) related to the immigration status of an employee covered by this Agreement or if a search and/or arrest warrant, administrative warrant, subpoena, or other request for documents is presented in order that the Union can take steps to protect the rights of its members.

The Union agrees that it shall keep confidential any information it obtains pursuant to this provision and that it will use any such information solely to represent and/or assist the affected employee(s) in regards to the DHS matter.

To the extent legally possible, the Company shall offer a private setting for questioning of employees by DHS.

The Employer will not audit or inspect its I-9 forms or allow any private or public entity to do so for non-probationary employees, unless required by law.

To the extent permitted by law, the Employer will refuse to allow DHS to enter the workplace without a valid warrant.

f. Re-Verification of Status. The Company shall not retain in its files copies of the identity and work authorization documents presented by the employee.

The Company shall not require or demand proof of immigration status, except as may be required by 8 USC§ 1324a (l)(B) and listed on the back of the I-9 form or as otherwise required by law.

The Employer shall not verify non-probationary employees’ identities, immigration status, authorization to work in the United States or social security numbers through E- Verify, the Social Security Administration’s Social Security Number Verification Service, or any other method of checking information about employees with any government agency, unless required by law.

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If reverification is required by law when a document used to prove authorization to work expires, the Employer shall, whenever possible, provide the Union and the employee at least 120 days advance notice.

g. Change in Contractor or Employer.

In the event of a sale of the business or its assets, the Company shall offer…