CBA WD Cherry Point.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 Local 2555, 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-2010-3374

3/16/2010 http ://www.wdol.gov/DisplayT4CWD. aspx?WDNo=CBA-20 10-3374 3/16/2010

AGREEMENT

COVERING FOOD SERVICE EMPLOYEES

BETWEEN

SODEXO GOVERNMENT SERVICES

AND

INTERNATIONAL ASSOCIATION OF MACHINIST AND

AEROSPACE WORKERS DISTRIc~r LODGE 110 &

LOCAL LODGE 2555

AT

CHERRY POINT MCAS,

• NORTH CAROLINA

OCTOBER 1, 2008

THROUGH

SEPTEMBER 30, 2010

TABLE OF CONTENTS

ARTICLE 1— UNION RECOGNITION 5

ARTICLE 2— CRP CLIENTS I PROGRAM 6

ARTiCLE 3— UNION SECURITY AND MEMBERSHIP 8

ARTICLE 4—EQUAL OPPORTUNITY 13

ARTICLE 5— ACCESS TO~ 13

ARTICLE 6— PROBATIONARY PERIOD 13

ARTICLE 7— SENIORITY 14

ARTICLE 8— PROGRESSIVE DISCIPLINE~ 18

ARTICLE 9- GRIEVANCE!COMMUNICATIONS PROCEDURE 22

ARTICLE 10—ARBITRATION 24

ARTICLE 11 —MILITARY LEAVE 26

ARTICLE 12— LEAVE OF ABSENCE 26

ARTICLE 13— BEREAVEMENT LEAVE 27

ARTICLE 14— SHOP STEWARDS 28

ARTICLE 15— REST PERIODS 29

ARTiCLE 16— LAYOFFS AND RECALLS 30

ARTICLE 17—WAGES AND WORK HOURS

ARTICLE 18— OVERTIME 32

ARTICLE 19— HEALTH AND WELFARE INSURANCE 33

ARTICLE 20— VACATION~ 34

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ARTICLE 21 — SICK LEAVE 36

ARTICLE 22 — HOLIDAYS 36

ARTICLE 23 — PENSIONISAV1NGS 38

ARTICLE 24 — IJNIFOF~MS AND SAFETY EQUIPMENT 38

ARTICLE 25— JURY DUTY 39

ARTICLE 26— INDIVIDUAL CONTRACTS 39

ARTICLE 27— NO STRIKE~NO LOCKOUT 39

ARTICLE 28— PICKET LINES 40

ARTICLE 29— EMPLOYEE

ARTICLE 30— GOVERNMENT REQUIREMENTS 40

ARTICLE 31 — GENERAL 41

ARTICLE 32— MANAGEMENT RIGHTS 43

ARTICLE 33— DURATiON 46

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PREAMBLE

THIS AGREEMENT is entered into by and between: Sodexo Government Services (hereinafter referred to as the “Employer” or the “Company”) located at Cherry Point MCAS, North Carolina and The international Association of Machinist and Aerospace Workers (hereinafter referred to as the “Union”) in the mutual interests of the employees and the Employer 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.

This Agreement supersedes any and all prior Agreements between the Employer and the Union.

ARTICLE ~ ~- UNION RECOGNITION

Section A: The Employer hereby recognizes the Union as the sole bargaining agent for all of its non-supervisory employees, excluding all managerial employees, security guards, confidential! secretarial employees and supervisors, as defined in the National Labor Relations Act, as amended.

Section B: Whenever the words ‘~emp!oyee” 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, Wherever the term “Employer” is used in this Agreement, it shall be deemed to mean the Employer of the employee in question.

Section C: It is understood that Sodexo Government Services is the prime contractor with the Marine Corps. The Employer, located at Cherry Point MOAS, North Carolina, perl~orming services in any messhail covered by this or subsequent Agreements, shall abide by the terms of this Agreement and any subsequent revisions, it is also understood that non-grievance related issues of concern between the Union and Sodexo Government Services, located at Cherry Point MCAS, North Carolina, shall be handled by those parties, Non-Grievance related issues between the Union and any subcontractor on the same base should first be discussed with the subcontractor invoived. If the parties are unable to resolve the issue, it shall be brought to the attention of the Prime Contractor.

Section D: The Employer shall give a copy of this. Agreement to the Contracting Officer.

ARTICLE 2— CRP CLIENTS I PROGRAM

Section A: Workers, who:

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1, Have a documented disability and are considered program participants receiving non-profit agency services, and

2. Are at the job site for rehabilitative purposes; and

3. May or may not be employed under, special certificates issued by the U.S Department of Labor Wage and Hour Administration, shall be considered “clients” and are excluded from the terms “employee” and “employees” as used herein.

Section 8: Workers, who meet the above criteria as “clients”, are excluded from coverage under the terms of this Agreement. These “clients” ‘shall, however, be participants in Union Health and Welfare and Pension benefits, and all other financial benefits of this Agreement, unless modified herein, and pay an. Agency fee (non-union) as a condition of employment Workers who graduate as clients of Employer but remain employed by the Employer shall be eligible for Union membership and coverage as “employees” under this contract. The Employer shall pay Health, Welfare and Pension at the same rate as for other employees.

Section C: In the event that a non-profit community rehabilitation program needs to achieve it’s legal, charitable tax-exempt responsibility of employing workers with disabilities, that Employer may lay off employees and replace them with workers with disabilities as defined by Federal and state law. Except in the event to achieve or maintain the appropriate disabled work force, such lay-offs shall be on the basis of seniority within the affected job classification, i.e., the employee on duty in the establishment where the layoff occurs having the shorter period of continuous service with ‘the Employer, shall be laid off before any other employee having a longer period of continuous service. The Employer 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 lower classification.

Section 0: The Union and the Employer recognize the unique needs of client workers participating in a rehabilitative environment under the programming of a non-profit Community Rehabilitative Program. These client employees shall rely solely on their professional service provider for conflict or grievance resolution.

Section E: The Union and the Employer recognize the principle and payment of “commensurate wages” ‘for those employees/clients in a Certified Rehabilitative Environment. Payment of commensurate wages shall be made in accordance with applicable federal law.

ARTICLE 3-UNION SECuRITY AND MEMBERSHIP Section A: Subject to the provisions of the Labor Management Relations Act of 1947, as amended, all present employees who are members of the Union on the effective date of~this Agreement, or who become members during the term of this Agreement, shall remain members of the Union in good standing as a condition of employment, or

Marines - Cherry Point ~AM (I~INAL 1) exp 9-30-1O.DOc 5 pay the required agency fee. Furthermore, all new employees shall be obligated to become and remain members of the Union as a condition of employment, or pay the agency fee.

Employees, who are not members of the Union, shall, as a condition of employment, within thirty (30) days of the effective date of this Agreement, either become members in good standing or shall pay to the Union, as an agency fee, an appropriate amount determined by the Union on an annual basis.

The failure of any person to become and remain a member of the Union at the required time, or to pay the agency fee, shall obligate the Employer, upon notice of the Union, to such effect and to further effect that Union membership was available to such person on the terms and conditions generally available to other members, to forthwith discharge such person. Further, the failure of any person to maintain their Union membership in good standing as required herein (except as otherwise required or permitted by law) or to continue to pay the agency fee shall, upon notice to the Employer by the Union, obligate the Employer to discharge such person.

Section B: Notwithstanding anything to the contrary therein, paragraph “A” above shall not be applicable if all or any part thereof shall be in conflict with applicable law, provided, however, that if all or any part of paragraph “A” becomes permissible by virtue of a change in applicable, whether by legislation, law or judicial action, the provisions of paragraph “A” held valid shall immediately apply.

Section C: The Union, an unincorporated association consisting of the employees of the Employer and other Employers, and the Employer, in order to facilitate and implement the desireS of such employees to maintain their Union and to assist such employees in complying with their monetary obligations to their Union, agree to the establishment and maintenance of a voluntary check-off procedure for the employees covered by this Agreement. The Union and the Employer further acknowledge that such check-off is in accordance with the authority and direction of exclusive federal law and decisions of the NLRI3 regulating labor management relations such as the relationship which is the subject of the Agreement between the parties. ln accordance with the provisions of Section 302 c (4) of the Federal Labor Management Relations Act, as amended, the Employer agrees that, upon receipt of a voluntary written authorization such deductions will be furnished to the respective Union along with the remittance, executed by employees covered by this Agreement, it will deduct the employees regular dues, agency fees and initiation fees from such employees compensation, including payment for or made during time-off periods, if any, in the amounts set forth in the written authorization, and timely remit such amounts to the Union. Such deductions shall be made and shall come from the wages paid a pay period or periods during the month; however, if the wages paid during such pay period are insufficient to fully cover the current monthly dues, fees or initiation amounts, deductions shall then be made from one or more consecutive pay periods of said month to pay and satisfy same. The Employer agrees to hold all such sums deducted in trust for the Union. The Union shall indemnify the Employer and hold it harmless against any and all claims, demands or suits that shall arise out of any action taken by the Employer for the purpose of complying with the provisions of this Section.

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Section D: The Employer agrees to forward the amount of dues, initiation fees or agency fees deducted, to the Union not later than the fifteenth (1 51h) clay of the month following the month in which the deduction was made. A list of those from whom deductions were made, their social security numbers, date of hire, hourly rate of pay and the amount of each employee’s deduction. The Union shall provide the Employer, prior to any deductions, with a voluntary, signed Union PAC Fund deduction authorization form, for each employee who elects to contribute.

Section ~: Upon receiving an employee’s voluntary, individual written and signed authorization, the Employer will deduct, from the wages of any such employee covered by this Agreement, the voluntary contribution to the Union PAC Fund which that employee has designated in the written signed authorization. The Employer will forward the employee’s contribution to the Union PAC Fund at the address designated by the Union, not later than fifteen (15) days after the last dày of the month during which the deduction is made. The Employer wil[ send with the remittance a list of the names of the employees from whom deductions, were made and the amount of each employee’s deduction. The Union shall provide the Employer, prior to any deductions, with a voluntary, signed Union PAC Fund deduction authorization form, for each employee who elects to contribute.

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

Section G: The Employer shall notify the Union of all job openings with Sodexho Government Services, located at Cherry Point MCAS, North Carolina, covered by this Agreement within five (5) working days. The Union may refer applicants for such openings~ In interviewing and hiring for such job openings, the Employer will not discriminate against any applicant referred by the Union. Nothing in this contract, however, shall be construed to create an exclusive hiring hail arrangement, and the Employer shall at all times be free to advertise and flat said job opening from any sources available to the Employer. Nothing in this Agreement shall limit the Employer’s right to exercise sole discretion in determining who to hire, following the requirements of Article 7 E, including the posting requirements for promotional opportunjtj~, Section H: The Employer shall be the sole 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 I: The Union recognizes that the Company may now have, or may incur in the future, obligations with respect to the security of information and materials under contract with the Government.

Section J: The Union agrees that nothing contained in this Agreement shall place the Company ih violation of security agreements with the Government.

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Section K: It is understood by and between the parties hereto that, as a necessary coridition of continued employment, employees shall be subject to investigation for security clearance or national agency check andlor unescorted entry authorization under regulations prescribed by the Department of Defense, or other agencies of the United States Government on governmental work, and that denial or withdrawal of such clearance and/or unescorted entry authorization by such governmental agency shall be cause for release from the Company due to inability to meet job requirements. All security clearance arid background checks will be at the expense of the Company.

Section L: The parties agree to insure the strictest confidence is adhered to concerning the security of any personal information of employees. The Union recognizes that the Company may now have, or may incur in the future, obligations with respect to security and release of employee information pertaining to disability and related limitations. The Union further recognizes that the Company may only release such information with the permission of the employee.

Section M: The Employee must successfully pass the client’s base security background checks for employment. The client establishes the rules and regulations for background checks.

ARTICLE 4 EQUAL OPPORTUNITY

Section A: In accordance with the established policy of the Employer and the Union, the provisions of the Agreement will apply equally to all employees hereunder regardless of sex, color age, race, creed, religion, disability, veteran status, Union affiliation and actMty or national origin. The Employer and the Union 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.

ARTICLE 5- ACCESS TO FACILIT’(

Duly authorized representatives of the Union shall be permitted to investigate the standing of all employees and investigate conditions at any facility covered by this Agreement to see that the Agreement is being enforced, provided that rio interview shall be held during the rush hours, or unreasonably interrupt the duties of any employee.

The Employer shall be notified by the Union representative before he shall take action with the person involved. The representative Of the Union shall contact the highest ranking Employer representative then present at the facility and inform him of the circumstances. The Employer and the Union representative shall conduct themselves in such a manner as to carry out the intent and spirit of this section.

ARTICLE 6- PROBATIONARY PERIOD

Section A: Every new or rehired employee shall be on probation for the first sixty (60) days of employment. Employment time will include the last span of continuous, uninterrupted service with the present (successor) contractor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Marine Corps Base.

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Section B: At any time during such 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.

Section C~ Any employee promoted to a job classification covered by this Agreement from a Iower~paid classification shall be on probation for the first thirty (30) days of employment in the new classification. At any time during such a probationary period, the Employer may, for any reason, return the employee to that employee’s former position. The employee, so returned, shall not suffer any loss of seniority. The employee shall not have the right to file a grievance or have other recourse to the grievance procedure with regard to any such return to former classificaUon.

ARTICLE 7— SENIORiTY Section A: it is agreed that the Employer and the Union will meet for the purpose of establishing a seniority list for all employees employed in the unit as soon as practical following the signing of the Agreement. Said seniority list will be based upon official records of the Union, of the Employer, its predecessors, and the Contracting Officer.

The Employer shall provide to the Union an updated seniority list upon request, to a maximum of once per month.

The official seniority shall reside with the base contracting officer.

Not later than fifteen (15) days prior to the expiration of the Employer’s contract covering any facility, the Employer shall furnish the Union and the successor contractor a 11sf of all its current employees together with their dates of hire and Year-to-Date hours on which vacation pay was paid by the Empldyer. The following Sections in this Article shall become applicable and shall be in force and effect upon the establishment of the seniority list, Seniority shall, be on the basis of job classification seniority and overall seniority. Overall seniority shall be measured from the date of the employee’s initial hire date at any mess hail with the Employer or a predebessor Employer engaged in providing similar services at that mess hail, provided that there has been no break in seniority. Job Classification seniority will include the last span of continuous uninterrupted service in their current classification, whether wfth the current or a predecessor employer..

Section B: In the event that the Employer finds it necessary to lay~off employees for any reason, other than disciplinary, seniority shall prevail where qualifications are relatively equal. In instances of identical seniority, alphabetical name order shall be used to resolve the issue. The Employer shall recall such laid off employees in the reverse order.

In the event that it is necessary to close messhalls, and that closing is for thirty (30) days or less, then the layoff will be restricted to the effected messhall only. if the closure is expected to exceed thirty (30) days, then the layoff shall be conducted as speoWeci in the paragraph above.

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Section C: In the event of emergencies, absenteeism and for purpose of instruction, the Employer may transfer employees to fill vacancies for a period not to exceed five (5) working days in order to maintain efficiency. The Employer shall first offer the job to the senior people, if there are no or insufficient volunteers, the Employer shall require the least senior, qualified employee to fill the position, Section D: Employees shall have the right to select available work schedules (defined as job openings) in their respective classificafions by seniority in job assignments for which they are qualified. Each employee shall be given his work schedule. This requirement may be satisfied by a posting of the work schedule. The work schedule for each week shall be posted at least five (5) days prior to the beginning of the work week.

Work schedules shall Include starting time, quitting time, and meal break time. If the work schedule is not posted in the allotted time, the Employer will not discipline any employee that is unable to work such schedule, provided there are changes to the employee’s usual schedule, When any of the work schedules in a specific job classification are changed, all schedules in that classification will be re-bid, Section E: In the event that a job opening or position that is cävered by this Agreement becomes available such position shall be posted for qualified employees to bid on. Such posted notices, shall be posted for not less than five (5) working days in the Employer’s Mess hail and will include the title of the position available, the days the work will be required, the starting time, quitting time, and meal breaks. For notification j~urposes, working clays shall be defined as Monday through Friday, excluding weekends and holidays.

The most senior qualified bidder shall be awarded the position. In cases where two employees are equally qualified, the senior person shall be awarded the position.

Management reserves the right to evaluate and determine qualifications, Senior employees, provided they are qualified, shall have preference of the duty positions with the most work hours when such positions are posted.

Section F: Except as otherwise provided herein, seniority shall be measured from the date of the employee’s initial hire date at any messhalt with the Employer or a predecessor Employer engaged in providing similar services at that messhafl, provided that there has been no break in seniority. Employees transferred by the Employer to any facility covered by this Agreement shall have their seniority measured from the date of the initial hire by Sodexho, its subcontractor, or their predecessors, as the case may be, regardless of where such service was performed.

Section G: 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 if an authorized leave of absence, unless failure to report is due to conditions recognized by the Employer t.

be beyond the control of the employee and he reported such conditions as soon as possible;

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

3. Is absent from work for two (2) consecutive workdays without properly notifying the Employer of the reason for absence even though the reason for such absence is beyond the control of the employee;

4. Fails, while on lay-off, upon notice from the Employer that work is available, to report to the Employer for work as soon as practicable, but not later than six (6) work days and provided that the employee notifies the Employer within three (3) days of such notice that he wHI return to work within the six (6) day period.

The Employer fulfills its obligations under this Section by sending notice by telegram or a certified letter to the last known address of the employee. It is the obligation of the employee to keep the Employer informed of his current address and phone nuñiber, Section H: An employee who has occupied a position with the Employer covered by this Agreement and who accepts a position with the Employer 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 that he remains in the employ of thd Employer.

Section 1: A Steward shall not have their shop, shift or other working conditions changed by the Company without first having discussed the issue causing the change with the Union and the Shop Steward.

ARTICLE 8- PROGRESSIVE DISCiPLINE Section A: No employee shall be disciplined, reprimanded or discharged withoUt just cause. All disciplines, reprimands and discharges will be subject to the grievance and arbitratiop clause. All disciplines, reprimandsanci discharge notices shall be in writing and shall be signed by the Meeshall Manager of The respective Employer, and given to the employee and the stop steward upon request.

When an employee is given a verbal warning or written notice, the shop steward or Chief shop steward may be present. It is understood that notices of discipline shall be signed by the employee, not as an admission of guilt, but as an indication of the employee being advised of such notice.

In cases of discharge or suspension, the .employee, if he requests, will be permitted to see his Shop Steward or Chief Shop Steward prior to departing the premises. In cases of violation of base rules or physical violence the employee may be removed by the client immediately.

Each reprimand occurrence shall be cancelled after six (6) months, except for attendance violations, which will be maintained for one (1) year.

Work Rule Infractions and Attendance Policy Infractions will not be combined for purposes of discipline.

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The following is a guideline, which Management will adhere to:

Occurrence One: First Written Warning (all pertinent facts are part of the notice.)

Occurrence Two: Second Written Warning.

Occurrence Three: Third Written Warning and Suspension (number of days to be determined by management based on the severity of the incident).

Occurrence Four: Suspension up to and including termination.

Section B: The employee may be immediately discharged, if the employee is found guilty of any of the following transgressions occurring on the work premises or property of the Employer.

1. Theft of Employer or government property.

2. Unlawful possession of alcohol, illegal drugs or substances on the job site.

S. Unauthorized possession of weapons on the job site.

4. Physical violence to or serious threat of physical violence to any person on the job site.

6. Intoxication on the job or utilization or under the influence of illegal drugs or substances.

6. Refusal to perform a regular work assignment, in their job das&rflcaflon, for other than safety or legal reasons.

7. Willful damage of property.

8. Falsification of employment application or work records.

9. Sexual, racial, ethnic, or physical disability harassment to any person.

10. Disrespect to military management personnel.

11. Abandoning or walking-off the job prior to the shift ending without the supervisor’s permission.

12. Name-calling or abusive language regarding sex, sexual orientation, color, age, race, creed, disability, or national origin.

13. Disrespect to management personnel.

Marines - Cherry Point JAM (FINAL 1) exp 9~3O-1O.DOC 12 eased upon the severfty of the incident and work record of the employee, Management reserves the right to opt for a lesser form of discipline.

Section C: Just causes for reprimands (descriptive~ but not alI-incftjsive):

1. Violation of reasonable work rules, provided that such rules are in writing, have been given to the employee, and the Employer has provided the rules to the Union, and given the Union an opportunity to review and discuss the wles;

2. Violation of Marine Corps rules of comportment;

3. Failure to give the Employer at least two (2) hours advance notice that the employee is unable to report to work;

4. Tardiness (more than five (5) minutes late past the scheduled time for work);

5. Excessive unauthorjz~~ absences. An unauthorized absence is considered to be time taken off work without the prior approval of management. Excessive is considered to be one (1) or more unauthorized absences in a one (1) month period;

6. Leaving the assigned work site during a shift, without the permission of the immediate supervisor or manager, except for unpaid meal periods or unpaid break periods;

7. Eating in other than an authorized area designated by the Employer or the government;

8. Noncompliance with the Employer or government no smoking policies or smoking in other than Bri authorized area designated by the Employer or the government;

Section D: For a reprimand or discharge notice to be valid it must meet the following requirements:

1. All reprimands arid discharge notices must be dated and issued within three (3) days of the occurrence, or on the same day as the employee returns to work if more than three (3) days.

2. Reprimands and discharge notices shall state the time, date, and reason for disciplinary action.

ARTICLE 9- GRIEVANCE!COMMUNJCATIONS PROCEDURE

Section A: The parties agree to provide and maintain current contact information for grievance communic~tjon at each messhall. The Union shall communicate employee matters through the respective Employer of record, in recognition that each Participating Employer has full responsibility for its own work force.

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Section B: A grievance is defined as a daim or dispute between the Employer and an employee or the Union concerning the interpretation of the application of this Agreement or of any local Addendum hereto.

Section C: All grievances must be presented in writing to the respective Employer of the employee (See Section A) and filed in accordance with the following exclusive procedure:

Step 1: The employee who has a grievance shall, along with the shop steward, discuss it with the Messhall Manager or designee. The discussion shall occur within five (5) days of the Employer being notified. tf the grievance is not settled at the Step I meeting, it may be appealed by the Union Representative to the Executive Director or designee to Step 2 within seven (7) days of the Step I meeting.

Employer grievances shall be processed beginning with Step 2. Grievances concerning discharge shall begin at Step 2, and must be filed by the Union within seven (7) days of discharge.

Step 2: The Union Representative and the Executive Director or designee will discuss the grievance within seven (7) days of the appeal to Step 2. The Employer shall issue the decision within five (5) days of the discussion. If the grievance is not disposed of to the satisfaction of the party tiling the grievance at Step 2, the grievance may be appealed to Step 3 by the party or the 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 Employer represented its Senior Vice-President of Operations or designee and the Union represented by the Union Representative) will attempt to settle the grievance.

The party being complained against shall render the party’s decision — in writing —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 Employer or the Union lodging a written appeal with the other party within ten (10) days of receipt of such written decision.

Section E: Shop Stewards shall be afforded time off without loss of pay to investigate, discuss, and present grievances. Such time shall be kept to a minimum and must be approved by the supervisor of that area; such approval shall not be unreasonably denied. Shop stewards will not engage in any activity, without the permission of the supervisor involved, which wilt interfere with their or other employee’s regular duties.

Section F: 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 10- 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

Matines - Cherry Point lAM (FINAL 1) exp 9-30-1{1DOC 14 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 impartial arbitrator. A representative of the Employer and a representative of the Union shall alternately strike a name from the list, the party to strike first to be selected by lot The remaining person shall thereupon be selected as the impartial arbitrator.

Section B: 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 wilting within thirty (30) calendar days after the conclusion of the hearing. The decision of the impartial arbitrator shall be final and binding. The impartial.arbftrafor shall have no authority to modify, amend, revise, add to or subtract from any terms or conditions of this Agreement.

Section C: The fees of the arbitrator and necessary expenses, including transcript, if desirable, of any arbitration proceeding shall be borne equally by the Employer and the Union except that each party shall pay the fees of its own counselor representative, If an employee witness is called by the Employer, the Employer will reimburse him for time lost at his regular straight time base rate. If an employee witness is called by the Union, the Union will reimburse such personnel for time lost. If both parties sign a settlement agreement prior to the hearing date of the arbitration case, both parties shall bear any arbitrator’s fees and expenses equally.

ARTICLE 11— MILITARY LEAVE

Section A: Employees will be placed on Military Leave of Absence in accordance with the provisions of the Universal Military Training and Services Act if they enter one of the military services, join the Red Cross or other combat relief service, or work for or at ~any other required civil service of the United States during the life of this agreement. While in such esrvice, they will retain their seniority and will be returned to their former positions upon honorable discharge, provided they are physically and mentally capable of working.

Section B: 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.

Section C: An employee applying for a leave under this Article will give the Employer at least five (5) working days notice prior to reporting date, if possible.

ARTICLE 12- LEAVE OF ABSENCE

Section A: Employees are entitled to leaves of absence not exceeding twelve (12) weeks, or as provided for under the Federal or State Family Leave Acts, under the terms and conditions of those Acts. A leave for certified medical purposes may be extended for an additional fourteen (14) weeks upon application by the employee.

Section & A leave of absence under this section will be considered employment time for seniorIty.

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Section C: Upon return from a leave of absence, the eñiployee will be returned to the job held before the leave or, if not available, work for which he can qualify in his job classification on the basis of seniority.

Section D: Any employee who engages in gainful employment without the permission of the Employer while on a leave of absence shall be subject to discharge.

Section E: All leaves of absence must be applied for in writing and if granted must be granted in writing by the Employer.

Section F: All leaves of absence shall be for a specific designated period of time, and an employee may return to work earlier that the specifically designated date for this return only with the consent of the Employer.

Section G: Employees on leaves of absence due to an on the job irdury will continue to accrue seniority.

Section 11: Bargaining unit employees that are required to travel for official Union business or attend official Union functions shall be granted a leave of absence for performing such business. While on such leave employees shall not lose any benefit of seniority.

Section!: Employees shall submit such requests for leave accompanied by official Union communication authorizing them to travel or act in such capacity. These requests will normally be made at least fourteen (14) calendar days in advance of such requirement.

Section J: Except under extreme circumstances, i.e. death of an employee, acts of God, etc., Stewards shall have their schedule modified, when requested,’ in order to attend a minimum of six (6) Local Lodge meetings per calendar year.

Section K: The Company agrees to provide up to ten (10) calendar days of unpaid time off to bargaining unit employees designated as representatives for official Union Business during’ the term of this agreement. Such leave requests will be accompanied by official notice authorizing such employees to act in this capacity.

ARTICLE 13 — BEREAVEMENT LEAVE

Section A: In the event of death of an employee’s immediate family, the employee shall be granted three (3) days bereavement leave with pay and may be granted further leave of choice for extenuating circumstances. Two (2) additional days of unpaid leave may be granted if out-of-town travel exceeds five hundred (500) miles is required.

Section B: ~lmmediate family” shall be considered as follows; Spouse, children, stepchildren, brother, sister, father, mother, grandfather, grandmother, grandchildren, father-in-law, mother-in-law, legal guardian or registered domestic partner.

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Se~tiø~ C: Employees may be required to give proof of attendance to services to include a note from clergy or funeral director, service bulletin or related print.

Sectfon D: In the event of death of an employee’s current brother-in-law, current sister-in-law, aunt or uncle, the employee shall be granted two (2) days of unpaid bereavement leave, at the discretion of management, based on operational needs.

ARTICLE 14 - SHOP STEWARDS

Section A: The Union will notify the Employers Human Resources representative an~4irne there is a change in the Shop Stewards authorized to conduct Union business.

The Union will provide the Company with an annual list of Shop Stewards for each Employer during the month of October.

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

Section C: It is agreed that the Stewards have full-time job duties to perform as employees and that they shall keep time spent in handling grievances to a minimum. A Steward shall notify and obtain permission from their supervisor before leaving their work assignment. If a Steward is not released, they shall be notified as to the nature of the delay and the expected time in which they may leave.

Section D: - Shop Stewards shall be entitled to top seniority at the facility to the fullest extent allowed by law. This applies to layoff, schedules arid job bidding. This does not guarantee a certain amount of hours for a Shop Steward.

Section E: A telephone will be made available, if possible, to the Shop Stewards for the purpose of communicating with the Union. Such calls will be placed at no cost to the Employer.

Section F: It is hereby understood and agreed that the Union may assign up to three

(3) Shop Stewards to represent bargaining unit employees. The Union shall notify the Company in writing on the individuals so selected in this capacity.

ARTICLE 15- REST PERIODS

Section A: 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, nor shall they be taken together with the meal break.

Section B: 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 that two

(2) hours nor more than five (5) hours from the beginning of each shift. If 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.

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Section C: When an 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 periods Will be scheduled as near to the appointed time as practical, subject to the requirements of the servIce. In any event, all employees shall be guaranteed a minimum of eight (8) continuous hours of rest in anyone twenty-four (24) hour period.

ARTICLE 16- LAYOFFS AND RECALLS

Section A: For the purposes of this Article, the term “messhalr shall only refer to the messhalls that are covered by this Agreement. In the event of a reduction of force, the Employer will make every effort to give reasonable notice of layoff, under the circumstances, to the employees with the least seniority within the affected facility, and will recall employees in the reverse order, such recall to be by job classification. No new employees will be hired at any mess hall, covered by this Agreement, until all qualified laid-off employees on that base have been offered the position(s) involved.

ARTICLE 17- WAGES AND WORK HOURS

Section A: The schedule of the effective wage rates and job classifications for employees is set forth in the applicable local Addendum hereto. Nothing in this Article is intended to imply any guarantee of hours.

Section ~: AN employees covered by this Agreement will be paid for hours worked in accordance with the payroll policy and frequency as established by the Employer.

When a scheduled payday falls on a Saturday, all employees will be paid on the Friday prior. When a scheduled payday falls on a Sunday, all employees will be paid on Monday. When a pay day falls on a holiday, all employees will be paid on the day prior to the holiday, except if such a holiday falls on a Monday. in which case all employees wilt be paid on the Tuesday.

Section C: Management will not perform work covered by this Agreement, except for training, emergencies.

Section D: Each and every employee covered by this Agreement will be provided with not less than two and one-half (2.5) hours continuous work per meal period; i.e.

Breakfast, Lunch, Dinner, Mid-Rats. Employees sent home due to lack of work after they have reported to their regular scheduled shift shall be paid a minimum of two and one-half (2.5) hours of work time at their regular rate of pay.

Section E: If, at the request of management, an employee agrees to work temporarily in a higher paid job classification than his own, he shall receive the higher rate of pay during such periods. Employees who temporarily work in a job classification of a lower pay rate shall not be subject to any change in pay, but will continue to receive pay at their normal rate.

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Section F: The wage rates listed below will be effective for the term of this agreement and apply to all bargaining unit employees. Employees shall be compensated at the wage rate for the highest classification of work being performed and at no time shall they be compensated at any rate below the classification that they are normally assigned. This straight time hourly rate will be increased as designated below. These increases wilt be effective on the dates indicated in this agreement.

Classification Effective Effective Effective 10,01107 10101108 10101109

Cashier $8.66 $8.92 $9.19 Mess Attendant $10.13 $10.43 $10.75 Store Room $11.20 $11.54 $11.88 Cook I $13.83 $14.24 $14.67 Cook II $15.63 $16.10 $16.58 Baker $15.63 $16.10 $16.58

Section G: Employees who are assigned to work third (3k’) shift or perform pot shack duties shall receive an additional fifty cents ($.50) per hour for all hours Worked during the assigned shift. The employee is eligible for one but not both of these differentials.

When assigning employees to other than first shift the Company agrees to utilize qualified volunteers to the greatest extent possible. If not enough volunteers can be found to fill required positions; reverse seniority shall be used for assignments.

Section H: if an employee has left the worksite after helshe has completed their shift and is called back for work, they shall receive a minimum of four (4) hours pay for returning to work.

ARTICLE IB— OVERTIME

Section A: One and one-half (134~ times the hourly rate of pay will be paid for all time worked in excess of forty (40) hours per week, or as defined in the applicable local addendum.

Section B: A regular employee, who has completed his shift, has left the Employer 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.

Section C: Overtime work will be distributed among the employees, Cigninig a volunteer list, 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 Employer will give as much notice of overtime as practicable. Nothing in this Agreement, Article or section is intended to require the Employer to incur overtime. There will be no pyramiding of overtime pay.

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Section D: No overtime will be worked except by prior direction of the supervisory personnel of the Employer, except in case of emergency and when prior ‘authority cannot be obtained, Section E: For purposes of computing overtime, a day is the twenty-four (24> hour period beginning at 0001 and ending at 2400. The workweek is a seven (7) consecutive calendar period, coincident with the Employers payroll week.

Section F: if the Employer requires that a shift be extended past the scheduled time, the Employer will first request for volunteers on that shift, in order of seniority. If there are not enough volunteers to cover the required shift the Employer will assign the shifts to employees in order of reverse seniority.

Section G: If the Employer reduces the hours of’ a shift or eliminates a shift to meet short term changes in the Marine Corps feeding schedule, it shall be handled as a temporary layoff.

ARTICLE 19 — HEALTH AND WELFARE INSURANCE

The Company will provide a benefit as found below for all hours paid, not to exceed forty (40) hours in any one (I) week, to be used by employees to purchase heafth and welfare benefits. Any unused monies will remain with the employee, unless otherwise required by law. All issues such as eligibility, enrollment, and claims will be as specified in the plan documents. Employees may use some or all of their pay in lieu of benefits to purchase medical insurance.

Effective Effective Effective 10101107 10101108 10101109 $ 219/hr. $2.84/hr $2.89/hr

ARTICLE 20 - VACATION

Section A: Employees shall be entitled to paid vacations end paid leave as set forth ‘below:

Section B: Vacations will not be accumulated from year to year. The employee may take his vacation in no more than two (2) week segments with the consent of the Employer. The employee wIll be paid at the employee’s current rate of pay.

Section C: An employee will receive an extra day’s vacation or be paid an extra day’s pay for a paid holiday that falls within his vacation period.

Section D: Vacations will be granted to employees in order of their seniority within classification and work shift. Scheduling of vacation periods Is reserved to the Employer in order to assure the orderly operation of its business. Employees will apply, in writing, for vacation at least two (2) weeks prior to the date vacation is desired, but no more than five (5) weeks prior.