CBA WD Camp Lejeune.pdf

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REGISTER OF WAGE DETERMINATION UNDER

THE SERVICE CONTRACT ACT

By direction of the Secretary of Labor

State: North Carolina

Area: Onslow

U.S. DEPARTMENT OF LABOR

EMPLOYMENT STANDARDS ADMINISTRATION

WAGE AND HOUR DIVISION

WASHINGTON D.C. 20210

Employed on Headquarters Marine Corps contract for Regional Garrison Food Services.

Collective Bargaining Agreement between contractor: Sodexo Management, Inc., and union: Int’l Assoc. of Machinist and Aerospace Workers, effective 10/1/2008 through 9/30/20 10.

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).

William W.Gross Director

Division of Wage Determinations

Wage Determination No.:

Revision No.

Date Of Last Revision:

CBA-2010-3375

3/16/2010 http ://www.wdol.gov/DisplayT4CWD.aspx?WDNo=CBA-20 10-3375 3/16/2010

MEMORANDUM OF AGREEMENT

BETWEEN

SODEXO INC.

AT

CAMP LEJEUNE,

JACKSONVILLE, NORTH CAROIJNA /

MESSHALLS RR3, G640, HP521, I-1P411, M455,$G~ZZ~

HP9, FC420, FC303, BB125, FC122, FC2II, 1041, 4012

AND

INDUSTRIAL, TECHNICAL AND PROFESSIONAL

EMPLOYEES UNION, AFL-CIO

EFFECTIVE OCTOBER 1, 2009

THROUGH SEPTEMBER 30, 2010

Camp Lejeune, NC MEMORANDUM OF AGREEMENT

Whereas, Sodexo Inc. and its subcontractors and CRP Employers, (hereinafter, the “Company” or the “Employer”) and Industrial Technical and Professional Employees Union, AFL~ClO, (hereinafter, the “Union”) have entered into an Agreement effective October 1. 2009 and

Whereas, the Union has been duly designated by the Company’s non-supervisory employees at the following Messhalls listed below at Camp Lejeune, Jacksonville. North Carolina as their collective bargaining representative, and

Whereas, the aforementioned Agreement provides for the Company and the Union to negotiate each year for changes in the Wages and Fringe Benefits for the above-named facility, and to enter into an Agreement setting forth those economic terms.

NOW THEREFORE. IT IS HEREBY AGREED AS FOLLOWS:

The following is the list~df’locations at Camp Lejeune where ITPE represents Messhall employees:

FRE~’3: TG~4c’ ‘:~P.~52~ .F:1P4444 j~’ M~.4~5 I HP~ FC-428 FC.~303 j4~1,2 ~:B ~. ~ 1

WAG ES

Job Title Effective Efeolive October 1, 2008 October 1, 2009

Driver (Heavy) ‘15.28 15.38 Driver (Mcd) 13.45 13,5~ Chief Cook 13.51 13.61 Cashier 9.15 Cook Ii 12,40 12.50 Cook I 10.85 10.95 Stock Clerk 10.85 10.95 MCFMIS/Stores Clerk 11.60 11,70 MCFMIS/Stores Lead 12.67 12,77 Baker 1 13.08 13,18 Food Service Worker 9.62 9.72 Lead Food Service Worker 10.49 10,59 Food Sanitation Specialist 9.62 Appliance Technician I 14,49 14.59 Appliance Technician II 15.95 16.05 Appliance Technician lIt 17.57 17.67 Lead Appliance Technician 18,57 18.67

Efrective October 1,2000 through September30, 2010

CURRENT AND EFFECTIVE OCTOBER 1, 2009.

The employees will be paid on a weekly basis. Should the Company decide to utilize a bi weekly system, it will notify the employees and the Union in advance. For the Coastal location located at MH 4012, the Coastal Enterprise employees will be paid on a bi-weekly basis.

The Union and the Company recognize the principle and payment of ‘commensurate wage& for those employees/olients in a Certified Rehabilitative Environment, HEALTH AND WELFARE:

CURRENT:

The Company shall contribute to the ITPE Health and Welfare Plan the sum of Three Dollars and One Cent ($3.01) per hour for all hours paid, by each and every employee covered by this Addendum. Such contributions not to exceed forty (40) per hours per employee in any one (1) week.

In executing this Agreement, the Company agrees to be bound by the terms and conditions of the Agreement and Declaration of Trust establishing the ITPE Health and Welfare and the terms and conditions of the plan created there under. Receipt of both documents is hereby acknowledged. In addition, the Company agrees to be bound by any amendments to the aforesaid Agreement and Declaration of Trust and Plan together with all resolutions and other actions duly adopted by the Board of Trustees of the ITPE Health and Welfare Fund.

For the Coastal Enterprise location located at MH 4012, Coastal shall pay Three Dollars and Twenty Four Cents ($3.24) per hour for all hours paid, by each and every employee covered by this Addendum to a benefits vendor, of the employer’s choice, for an SCA-compliant benefits plan. A copy of the Benefit Plan Summary shall be provided to the Union upon request. Such contributions not to exceed forty (40) per hours per employee in any one (1) week.

EFFECTIVE OCTOBER 1, 2009:

The Company shall contri~but~rtbtheJTPE Health and Welfare Plan the sum of Three Dollars and Twenty Four Cent~ ($3.24) per hour for all hours paid, by each and every employee covered by this Addendu\m Such contrIbuuons not to exceed forty (40) per hours per employee in any one (1)week.

In executing this Agreement, the Company agrees to be bound by the terms and conditions of the Agreement and Declaration of Trust establishing the ITPE Health and Welfare and the terms and conditions of the plan created there under, Receipt of both documents is hereby acknowledged. in addition, the Company agrees to be bound by any amendments to the aforesaid Agreement and Declaration of Trust and Plan together with all resolutions and other actions duly adopted by the Board of Trustees of the ITPE Health and Welfare Fund.

CONTRIBUTIONS FOR FAMILY MEDICAL LEAVE:

CURRENT:

The Company shall contribule Three Dollars and One Cent ($3.01> per hour to the ITPE Health and Welfare Fund on behalf of any employee who is on a family or medical leave of absence under the federal Family and Medical Leave Act. In order to be eligible for such contributions, an employee must have worked for the Company or its predecessor at the Base for a total of at least twelve (12) months and for at least 1.250 hours in the twelve (12) week period preceding family or medical leave.

EFFECTIVE OCTOBER 1, 2O09~ i/1’ The Company shall contribute Three Dollars and Twenty Four Cents ($3.24) per hour to the c5~ Effective October 1, 2000 through September 30. 2010 2

Camp Lajeune, NC MEMORANDUM OF AGREEMENT

ITPE Health and Welfare Fund on behalf of any employee who is on a family o~ medical leave of absence under the federal Family and Medical Leave Act. In order to be eligible for such contributions, an employee must have worked for the Company or its predecessor at the Base for a total of at least twelve (12) months and for at least 1,250 hours in the twelve (12) week period preceding lamily or medical leave.

P~NSlON:

CURRENT AND EFFECTIVE OCTOBER 1, 2009;

The Company shall contribute to the ITPE Pension Fund the sum of thirty-fivp ($0.35) cer~ts per hour for all hours worked by each and every employee covered by this Addeq~rn~whether or not he is a member in good standing of the Union. However, the total number of hours per employee shall not exceed forty (40) hours in any one (1) week.

In executing this Agreement, the Company agrees to be bound by the terms and conditions of the Agreement and Declaration of Trust establishing the ITPE Pension Fund, and the terms and conditions of the Plan created there under, the Company agrees to be bound by any amendments to the aforesaid resolutions and other actions duly adopted by the Board of Trustees of the 1TPE Pension Fund.

VACATION:

Vacation leave wilt be earned as follows:

CURRENT AND EPPECTIVE 1, 2009:

2 weeks after 1 year of service 3 weeks after 5 years of service 4 weeks after 10 years of service

Length of service includes the whole span of continuous service with the present (sUccessor) contractor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. The employee wifl receive vacation pay through the normal payroll cycle reflecting the time when the vacation occurs.

SEPARATIONS:

Vested vacation leave is paid upon termination, up to 240 hours.

Unvested vacation leave is forfeited upon termination with the following exceptions:

Employees who retire between the ages of 55 and 59, and have at least 10 years of continuous service,

• Employees who are separated because of a permanent disability, regardless of length of service, Employees who are separated because of death regardless of their length of service, and

• Employees with at least six (6) months of service who are separated due to lack of work, Employees who meet these exceptions will be entitled to both vested and unvested vacation leave upon termination. Vacation will be calculated on the following basis: The total hours paid (to include hours worked and paid time off for holidays, vacation, sick leave, bereavement leave, and jury duty leave) during the employee’s previous employment year. This amount will be divided by the total full time factor of 2080 hours. The resulting figure will be multiplied by forty

(40) hours. This will be the hours earned for each week of vacation that the employee is entitled

to. For example, if an employee worked seven (7) hours per day, live (5> days per week for a

Effective October 1,2009 through S~pLember3O, 2010 3

Camp Lejeune, NC MEMORANDUM OF A$REEMENT total of 1820 hours for the employment year, he would earn thirty-five (35) hours of vacation for each week of vacation he is entitled to (1820/2080 x 40 = 35).

APPUCABLE NEW HIRES:

Vacation will begin to accrue, or accumulate, from your first day of work. Vacation leave accrues while you are actively at work, or on paid vacation, sick, or holiday leave. Vacation leave is not available for you to use until your first service anniversary.

Your accrued vacation leave i~ held in two vacation leave accounts—unvested vacation leave and vested vacation leave. The balance in each of these accounts will appear on your paycheck stub every payday. The vacation leave you accrue each pay period is placed in your unvested vacation leave balance, Unvested vacation leave is not available for you to use until your service anniversary date.

After your service anniversary date, all leave accrued during the year transfers to your vested vacation leave balance, and is available for use.

Your vacation benefits are based on the number of hours you are at work (hours submitted to payroll) up to 2,080 per year. An anniversary year is the twelve consecutive months following your most recent service anniversary date.

Vacation accrual rates vary depending on your seniority date, if your vacation accrual rate increases, you will immediately begin to accrue unvested vacalion leave at the new increased vacation leave accrual rate. You will he able to use the additional vacation leave after your unvested vacation leave transfers to your vested vacation leave balance on your most recent service anniversary date.

I~RORATED ACCRUALS:

If the number of total hours you work during a service anniversary year is less than 2,080 (40 hours x 52 weeks), you will accrue a prorated portion of the full vacation benefit.

EXAMPLE:

You are eligible to accrue 80 hours (10 days) of vacation per your seniority date:

40 hours x 52 weeks = 2.080 hours worked per year 2,080 hours x .03850 (80 hour accrual rate) = 80 hours of vacation leave If you work only 35 hours each week, you would accrue only 70 hours of vacation:

35 hours x 52 weeks =1,820 hours worked per year 1,820 hours x .03850 (80 hour accrual rate) 70 hours of vacation leave To earn the maximum vacation accrual of 80 hours, you would need to work at least 2,080 hours (a 40-hour week) in your service year.

Accruing Vacation Leave While Away from Work on Disability or Workers Compensation: You will not accrue vacation if you are receiving payments through a disability plan or workers compensation.

CARRY OVER OF VACATIONS;

Although you will be encouraged to use your vacation leave during the year after it vests, you will be paid the unused balance of the vacation leave benefit you accrue during all or a portion of the one year period before your next vesting date.

Carry-over of vacation leave is not permitted on government contracts due to the liability of a successo~ contractor if and when the contract is awarded to another contractor.

Eff~ct~ve October 1.2009 through September 30,2010 4

HOLIDAYS:

CURRENT AND EFFECTIVE 1, 2009:

01. New Years Day 06. Labor Day

02. Martin Luther King, Jr.’s Birthday 07. Thanksgiving Day 03, President’s Day 08. Christmas Day 04, Memorial Day 09. Employee’s Birthday

05. Independence Day 10. Employee’s Hire Date

The Company may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.

SICK LEAVE:

CURRENT AND $FFECTIVE OCTOBER 1 2009~

All employees shall accrue Sick Leave at the rate of one hour oF sick leave for each forty (40) hours paid, to include hours worked. vacation, holiday, sick, bereavement and jury duty leave, not to exceed five (5) days per year.

Sick Leave accrues on the 1st day of employment based on hours submitted, and becomes available for use after the first six (6) months of employment.

It shall be a condition of qualifying for paid Sick Leave benefits that an employee calls the Company at least two (2) hours prior to their regular scheduled work period, advising of their intention to take Sick Leave, in order that the Cornpanyniay obtain a temporary replacement, All unused Sick Leave benefits shall be paid to the employees on the payroll week following the completion of each employee’s anniversary date and shall not require a Licensed Physician’s statement.

BEREAVEMENT LEAVE:

CURRENT AND EFFECTIVE OCTOBER 1, 2009:

Upon the death of a member of the immediate family of an employee, occurring after the completion of the employee’s probationary period, the Company shall grant a three (3) day paid leave to enable such employee to attend the funeral and otherwise assist in the burial.

A day’s pay shall consist of the employee’s regularly scheduled hours for the days during which the bereavement occurs, and shall be applicable only to those days within his regular workweek.

THE FOLLOWING SUPERCEDES MASTER AGREEMENT, ARTICLE 13, SEC. C:

The term “immediate family’ as used herein shall consist of the following members only:

Spouse, Children, Parents, Mother-in-Law, Father-in-Law, Siblings, Grandparents and Grandchildren and registered domestic partner, No employee otherwise entitled to leave under this Article shall receive such benefits unless he gives the Company reasonable notice before taking time off for bereavement purposes, and provides adequate documentation of his bereavement upon request of the Company.

~.ffecUve October 1,2000 through September 30, 2010 5

JURY DUTYj

CURRENT AND EFI CTIVE OCTOBER 1? 20G~:

The Company wilt compensate employees called for Jury Duty the difference between their Jury pay and their regular straight-time pay if such jury service falls on the employee’s regular scheduled work day(s), up to a maximum of five (5) days. The amount owed to an employee will be based on the employee’s hours worked during the preceding week.

Employees will be required to produce their jury duty pay receipt in order to receive compensation as set forth above.

If an employee is released from jury duty prior to the end of his scheduled work shift, the employee must call the personnel office or supervisor to determine whether or not to return to work for the remainder of his shift

STOCK CLERK I APPLIANCE TECHNICIAN POSITIONS STEEL TOE SAFETY SHOE:

CURRENT AND EFFECTIVE OCTOBER 1, 2009:

The Contractor will supply each Stock ClerklAppliance Clerk employee, with one (1) pair of Steel Toe Safety Shoes annually (depending on wear and tear,) The shoes are valued at ($59.98 per pair.) The Steel Toe Safety Shoe shall be worn during working hours only.

RAPID GATE BACKGKROUND CHECK PROCESS:

The Employer will be responsIble for the costs of the rapid gate background check process.

MANAGEMENT STAFF:

Management staff wIll not generally perform bargaining unit work with the exception to training periods, unforeseen emergencies and peak periods of high customer volume.

OVERTIME:

CURRENT AND EFFECTIVE OCTOBER 1, 2009:

One and one-half (1 ‘~4’ ) times the hourly rate of pay will be paid for all times worked in excess of forty (40) hours per week.

A reguiar employee, who has completed his shift, has left the Company property and is thereafter called for work at any time prior to two hours before his next scheduled shift, will be provided with four (4) continuous hours of work or pay thereof at the applicable rate.

Overtime work (work requiring the payment of time and one-half) will be distributed among the employees, signing a volunteer list in the effected mess hail, in the classification qualified to perform the work as necessitating overtime within the appropriate crew or shift as equitably as practicable. Overtime lists will be made available to the Shop Stewards on request. The Company will give as much notice of overtime as practicable. Nothing in this Agreement is intended to require the Company to incur overtime. There will be no pyramiding of overtime pay.

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

For purposes of computing overtime, a day is twenty-four (24) hour period beginning at 0001 and ending at 2400. The workweek is a seven (7) consecutive calendar period, coincident with the Company’s payroll week.

Effective October 1, 2009 through September30. 2010 6

Camp Lejeune, NC MEMORANDUM OP AGRE~NIENT

REST PER! ODS:

CURRENT AND EFFECTIVE OCTOBER 1 2009:

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 during each four (4) hours.

Rest periods shall not be taken at the beginning or end of a shift, not shall they be taken together with the meal break.

Employees, working more than five (5) hours in any day, shall be allowed an unpaid meal period of at least thirty (30) minutes which commences no less than two (2). hours nor more than five

(5) hours from the beginning of each shift. 11 an employee is called back to work during a meal period he will receive payment for the entire meal period and receive another meal period as required by this section.

When and employee works in excess of eight (8) hours continuously, he will be entitled to a ten

(10) minute rest period at the completion of his regular shift, and another such rest period at the completion of his tenth (10th) consecutive hour if he is required to work beyond ten (10) hours.

On the same 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 practical, subject to the requirements of service, In any event, all employees shall be guaranteed a minimum of eight (8) continuous hours of rest in any one twenty four (24) hour period.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement.

SODEXO 1NC. INDUSTRIAL, TECHNICAL AND

PROFESSIONAL EMPLOYEES

Iceit FIcm~n~ 7 Director, Labor Relations

Date

(‘~:t~~er

Date j~oq ITPE Representative

Effective October 1, 2009 through September 30, 2010 7

6~’42?

~Uep!setd ~AO~J p qq

(4~~17

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UOfl$~U~Wp~ è{H 4dA

USMC Base Quantico — CBA Effective 10/1/09

STANDARD FORM, 9~à NOTICE OF INTENTION TO 11. NOTICE NO.

MAKE

~ February 1973

~ A SERVICE CONTRACT AND

U~S~ DEPARTMENT OF LABOR RESPONSE TO NOTICE

~ Employment Standards Administration (Attachment A)

12. CLASSES OF SERVICE EMPLOYEES TO BE EMPLOYED ON CONTRACT 13. NUMBER OF 14. HOURLY WAGE RATE

~ EMPLOYEES THAT WOULD BE

IN EACH CLASS PAID IF FEDERALLY

~_______ EMPLOYED

Food Service Workers 203 11.60 Baker______ 1 0 NA Cashier 1 11.60 Chief Cook 1 ii 17.47 :Cookll 58 NA ~Cook I . —._____________________________ 1 13.88 Store Room 13 12.53 Appilance Technician level I 0 17.75 Appliance Technician level II 3 19.60 :ApplianceTechniciari level Ill 1 0 T 21.66 ~Lead Appliance Technician o NIA

~FMIS/STORESClerk 1 4 16.08 ~adMCFMISCIerk — 1 INA ~lver (Heavy> . 1 1 [ 15,22 Shift leader 0 NA Utlity 0 [ 12.38

L~zzzzzzz:zzz.zzz:z:zz—zzzz~z..*.zzz:zz::.~ —-~—----.—‘—--.——-...-~.---~.-—-.--z~zz:zz.~z~:z~:zzzzzzz..:.. zzzzzzzz:z~:~

USMC Base Parris Island, SC — CBA Effective 10/1/09

NOTICE OF INTENTION

TO MAKE

A SERVICE CONTRACT

AND RESPONSE TO

NOTICE

(Attachment A)

12. CLASSES OF SERVICE EMPLOYEES TO BE EMPLOYED ON CONTRACT

iN EACH

CLASS

PAID IF FEDERALLY

EMPLOYED

~CookIevell 0 10.92 ~Cook level II 71 12.50 Baker I 7 12.50

~:Stock Clerk 18 14.78 ~Cashier 6 9.91 ~Food Service Worker 274 9.91 ~Lead Food Service Worker 23 — - 11.30 Driver Med 0 15,80 Driver Heavy 2 18.85

~MCFMIS/STORES Clerk V 14.18 ~Lead MCFMISISTORES Clerk 16.26 ~VAppliance Tech 1 0 V I V 14.88 ‘~Appliance Tech 2 V 0 V V f 16.50 Appliance Tech level 3 r 18,28 Lead Appliance Tech V V V 20.10

~Utility Worker 8 10,82 ~Utility Worker / Gl 0 V V 10.76

The above rates are job rates effective for respective classifications after six (6) months of continuous employment.

New employees will be hired at rates fifty (.50) cents per hour below the above rates. After six (6) months of continuous employment the employee will receive a fifty (.50) cent increase to bring them to the current rate stated above

STANI~ARDI?ORM, V98a

February 1973

U.S. DEPARTMENT OF

LABOR

Employment Standards Administration

11. NOTICENO.

13.NUMBEROF 114

EMPLOYEES THAT WOULD BE

Camp Lej eune, Jacksonville, NC, Covered by ITPE CBA effective 10/1/09

~ NOTICE OFINTiö~1~1NOT1C~O

TO MAKE

February 1973

A SERVICE CONTRACT

U.S. DEPARTMENT OF AND RESPONSE TO

LABOR NOTICE

Employment Standards (Attachment A) Administration I

EMPLOYEES THAT WOULD BE

IN EACH PAID IF FEDERALLY

CLASS

EMPLOYED

:~Driver (Heavy) 1 15.38 IDriver (Mcd) [ 0 13.55 Chief Cook F 16 13.61 ~Cashier [ 21 9.25 ~Cook II 46 I 12.50

~Cook I 1 57 1. 10.95 Stock Clerk 17 10.95 ~MCFMIS/Stores Clerk 13 1 1.70 ~MCFMIS/Stores Lead 1 12.77 ~BakerI 1 J 13.18

.~Food Service Worker F 78 9.72 ~Lead Food Service Worker 10.59 ~Lead Food Sanitation_Specialist 22 10.59 ~Food Sanitation Specialist F 241 9.72

~App1iance Technician I 0 14.59 ~Appliance Technician II 5 L 16,05 ~AppIiance Technician Ill F 17.67

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Camp tejeune, Jacksonville, NC, MCAS Cherry Point Covered by JAM, effective Oct 1, 2008

STMD~M,~ ~OF INTENTION TO

February 1973

A SERVICE CONTRACT AND

U.S. DEPARTMENT OF LABOR RESPONSE TO NOTICE

Employment Standards Administration (Attachment A)

11. NOTICENO.

IL CLASSES OF SERVICE EMPLOYEES TO BE EMPLOYED ON CONTRACT IL NUMBER OF Ii 4. HOURLY WAGE RATE

~ EMPLOYEES THAT WOULD BE

~ IN EACH CLASS PAID IF FEDERALLY

EMPLOYED

Cashier [ N/A

~CookII N/A Cook I N/A Storeroom N/A Baker I N/A Mess Attendant I 10.43

MCFIMIS Clerks 2 13.13