CBA WD Parris Island.pdf

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REGISTER OF WAGE DETERMINATION UNDER

THE SERVICE CONTRACT ACT

By direction of the Secretary of Labor

State: South Carolina

Area: Beaufort

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: Intl Assoc. of Machinist and Aerospace Workers Local 2775, effective 10/1/2008 through 9/30/2010.

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-20l0-3373 3/16/2010 http ://www.wdol.gov/DisplayT4CWD.aspx?WDNo=CBA-20 10-3373 3/16/2010

AGREEMENT

COVERING FOOD SERVICE EMPLOYEES

BETWEEN

SODEXO MANAGEMENT INC~

AND

INTERNATIONAL ASSOCIATION OF MACHINIST AND

AEROSPACE WORKERS DISTRICT LODGE 96

LOCAL LODGE 2775

AT

PARRIS ISLAND

(CONUS)

EFFECTIVE DATES:

FROM: OCTOBER 1, 2008

THROUGH SEPTEMBER 30, 2010

TABLE OF CONTENTS

ARTICLE I — UNION RECOGNITION 4

ARTICLE 2- CRP CLIENTS I PROGRAM~4

ARTICLE 3- UNION SECURITY AND MEMBERSHIP~ 5

ARTICLE 4— EQUAL OPPORTUNITY ~ 7

ARTICLE 5— ACCESS TO FACILJT’( ~ 7

ARTICLE 6— PROBATIONARY PERIOD~ 7

ARTICLE 7— SENIORITY 8

ARTICLE S~PROGRESSIVE DISCIPLINE 10

ARTICLE 9- GRIEVANCE1COMMUNICATIONS PROCEDURE .~..~ 12

ARTICLE 10— ARBITRATION 13

ARTICLE 11 — MILITARY LEAVE 13

ARTICLE 12— LEAVE OF ABSENCE 14

ARTICLE 13— BEREAVEMENT LEAVE 14

ARTICLE 14— SHOP STEWARDS 15

ARTICLE 15— REST PERIODS 15

ARTICLE 16— LAYOFFS AND RECALLS 15

ARTICLE 17-WAGES AND WORK HOURS 16

ARTICLE 18— OVERTIME 16

ARTICLE 19— HEALTH AND WELFARE 17

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ARTICLE 20—VACATION 17

ARTICLE 21 — SICK LEAVE 20

ARTICLE 22 — HOLIDAYS 20

ARTICLE 23— PENSION 21

ARTICLE 24— UNIFORMS AND SAFETY EQUiPMENT 21

ARTICLE 25- JURY DUTY 21

ARTICLE 26— INDIVIDUAL CONTRACTS 22

ARTICLE 27 — NO STRIKE-NO LOCKOUT 22

ARTICLE 28— PICKET LINES 22

ARTICLE 29- EMPLOYEE INJURY 22

ARTICLE 30— GOVERNMENT REQUIREMENTS 22

ARTICLE 31 - GENERAL 23

ARTICLE 32— MANAGEMENT RIGHTS 24

ARTICLE 33— DURATION 25

APPENDIX~

APPENDIX~

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PREAMBLE

THIS AGREEMENT IS entered into by and betweefl Sodexo Management Inc. and its subcontractors “Service Source and Son’s Quality Foods” (hereinafter referred to as the “Employer” or the “Company”) 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 I 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, at the following MesshaIIS 149, 590, 600, 410, 926, 769 and 442.

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

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 Management, Inc. is the prime contractor with the Marine Corps. The Employer shall require any subcontractor, performing services in any messhall covered by this or subsequent Agreements to 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 ançl a specific subcontractor shall be handled by those parties and shall not include the Prime Contractor. Non-Grievance related issues between the Union and multiple subcontractors on the same base shall first be discussed with the subcontractors involved. If the parties are unable to resolve the issue, it shall be brought to the attention of the Prime Contractor.

Section 13: The Employer shall give a copy of this Agreement to the Contracting Officer.

ARTICLE 2- CRP CLIENTS I PROGRAM

Section A: Workers, who:

~. Have a documented disability and are considered program participants receiving non profit agency services, and

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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, and thereby, from coverage under this Agreement.

Section B: 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. 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 D: 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 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.

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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 8: 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 desire 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 NLRB regulating labor management relations such as the relationship which is the subject of the Agreement between the parties. In 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 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, 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 (15th) day 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 such deductions will be furnished to the respective Union along with the remittance.

Section E: 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 day of the month during which the deduction is made. The Employer will 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

Marines - lAM - Parris island exp 9-3O-1O~DOC 6 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 within each facility covered by this Agreement. The Union may refer applicants for such openings. In interviewing and hiring for such job openings, the Employer will not discriminate against any ap~iicant referred by the Union. Nothing in this contract, however, shall be construed to create an exclusive hiring hall arrangement, and the Employer shall at all times be tree to advertise and list 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 7E, including the posting requirements for promotional opportunities.

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

AR1ICLE 4 EQUAL OPPORTUMTY

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 activity 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 FACIUTY

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 no interview shall be held during the rush hours.

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

Marines - AM - Parris Island exp 9-30-10 .DOC 7 with the present (successor) contractor, wherever empbyed, and with the predecessor contractors in the performance of similar work at the same Marine Corps Base.

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 lower-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 classification.

ART~CLE 7— SEMORITY

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, it predecessors, and the Contracting Officer.

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 list of all its current employees together with their dates of hire and Year-to-Date hours on which vacation pay was paid by the Employer. 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 hall with the Employer or a predecessor Employer engaged in providing similar services at that mess hall, 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 with the current or a predecessor employerS

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 specified in the paragraph above.

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.

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Section D: Employees shall have the right to select available work schedules in their respective classifications 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 four (4) 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 covered 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 Messhall and will include the title of the position available, the days the work will be required, the starting time, quitting time, and meal breaks. Working days 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 (2) 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 messhall with the Employer or a predecessor Employer engaged in providing similar services at that messhall, 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 Sodexo, 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 to be beyond the control of the employee and he reported such conditions as soon as possible;

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

3. Is absent from work for two (2) consecutive work days 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 will return to work within the six (6) day period.

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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 number.

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 the Employer.

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 arbitration clause. All disciplines, reprimands and discharge notices shall be in writing and shall be signed by the Messhall Manager of the respective Employer, and given to the employee and the shop 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.

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

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 (three [3] day suspension in most cases, although the 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, other employee’s or government property.

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

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3. 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.

5. 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 classification, for other than safety or legal reasons.

7. Willful damage of property.

s. Falsification of employment application or work records.

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

10. Disrespect to military management personnel.

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

12. Verbal threats, profanity, harassment, including sexual harassment by employees toward other employees or management personnel.

Based upon the severity 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 all-inclusive):

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 rules;

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 unauthorized absences. An unauthorized absence is considered to be time taken off work without the prior approval of management. Excessive is considered to be two (2) 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 an authorized area designated by the Employer or the government;

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9. Disrespect to management personnel;

Section D: For a reprimand or discharge notice to be valid it must meet the following requirementS4

1. All reprimands and 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— GRIEVANCEICOMMUNICATIONS PROCEDURE

Section A: The parties agree to provide and maintain current contact information for grievance communication 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.

Section 8: A grievance is defined as a claim 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. if the grievance is not settled at the Step 1 meeting, it may be appealed by the Union Representative to the Ares General Manager or designee to Step 2 within seven (7) days of the Step 1 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.

Step2j The Union Representative and the Area General Manager 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 filing 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 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 (1 D) days of receipt of such written decision.

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Section E: A grievance not involving discharge shall be without effect unless filed with the Messhall Manager in writing within seven (7) days from the date the complaining, party discovered the facts or should have discovered the facts giving rise to the grievance.

Section F: 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 will interfere with their or other employee’s regular duties.

Section G: 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 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 writing within thirty (30) calendar days after the conclusion of the hearing. The decision of the impartial arbitrator shall be final and binding. The impartial arbitrator shall have no authority to modify, amend, revise, add to or subtract from any 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. lf an employee witness is called by the Employer, the Employer will reimburse him for time lost at his regular straight time base rate. fan employee witness is called by the Union, the Union will reimburse such personnel for time lost.

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 service, 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 8: 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.

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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 B: A leave of absence under this section will be considered employment time for seniority.

Section C: Upon return from a leave of absence, the employee 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 injury will continue to accrue seniority.

AR11CLE 13-~ BEREAVEMENT LEAVE

Section A: After completion of his or her probationary period, the employee will be allowed three (3) days of paid Bereavement Leave computed on the basis of their average weekly straight-time hours paid for the preceding four (4) weeks in connection with the death of a member of the employee’s immediate family.

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

Mother, Father, Spouse, Children, Siblings, Grandparents, Grandchildren, current Mother-in- Law and current Father-in-Law.

Employees will be allowed to take an additional two (2) days unpaid leave to travel for any Bereavement occasion for an immediate family member that requires travel of more than three hundred (300) miles. The Employer has the right to require documentation establishing proof of the need for the additional travel days. No employee otherwise entitled to leave under this Article shall receive such benefits unless he gives the Employer reasonable notice before taking time off for bereavement purposes, and provides adequate documentation of his bereavement upon request of the Employer.

Marines.. lAM - Parris Island exp 9-30-1O.DOC 14

ARTICLE 14 SHOP STEWARDS

Section A: The Union will notify the Employer’s Human Resources representative any time 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: Shop Stewards will be afforded a reasonable amount of time, without loss of pay, to conduct Union business. Prior to leaving the work area, a shop steward will request permission from the supervisor. Shop Stewards will not leave the work area without permission or during rush hours.

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 and lob 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.

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 shaH 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.

Section C: When an employee works in excess of eight (B) 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 any one twenty-four (24) hour period.

ARTICLE 16 - LAYOFFS AND RECALLS

Section A: For the purposes of this Article, the term ‘messhall” shall only refer to the messhalls that are covered by this Agreement. In the event of a reduction of force, the Employer will give reasonable notice of layoff, under the circumstances, to the employees with

Marines - LAM - Parris Island exp 9-30-1O,DOC 15 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 messhall until aH qualified laid-off employees on that base have been offered the position(s) invol’fed.

ARTICLE 17 WAGES AND WORK HOURS

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

Section B: All employees covered by this Agreement wilt be paid for hours worked in accordance with the payroll policy and frequency as established by the Employer. When a scheduled pay day falls on a Saturday, all employees will be paid on the Friday prior. When a scheduled pay day 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 fails 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 conti~Uous work per meal period; i.e. Breakfast, Lunch, Dinner, Mid-Rats.

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.

ARTICLE 18 - OVERTIME

Section A: One and one-half (1 ~/2) times the hourly rate of pay will be paid for all time worked in excess of eight (8) hours a day..

Section 8: 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 (2) 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, signing 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.

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 Employer’s payroll week.

Marines- AM - Parris Isiand exp 9-3O-1O.DOc

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

Effective Octobe~j, 2008 the Employer shall pay two dollars and twenty one cents ($2.21) per hour paid to a benefits vendor of the’Employer’s choice for an SCA-compliant benefit plan. A copy of the Benefit Plan Summary shall be provided to the Union upon r~quest.

Health ‘and Welfare contributions shall be paid on all hours paid to include: all hours worked, all hours paid for vacation, holiday, sick, bereavement and jury duty leave, but shall not exceed forty (40) hours in any one (1) week.

ARTICLE 20 - VACATION

Section A: Employees shall be entitled to the following paid vacation leave. Vacation leave will be earned as follows:

2 weeks after 1 year of service 3 weeks after 5 years of service 4 weeks after 15 years of service

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 wilt apply, in writing, for vacation at least three (3) weeks prior to the date vacation is desired, but no more than five (5) weeks prior. The Employer will approve or disapprove all vacations within one (1) week after such a request for vacation has been made. A vacation period once assigned will not be canceled by the Employer, except in cases of emergency. Unreasonable cancellations by management for non-emergency situations will be subject to the grievance process.

Section E: 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 wilt 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 entitl~d

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

Marines - AM - Parris Island exp 9-30-1O.DOC 17 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).

Section F: 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 will 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 two hundred and forty (240) hours.

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

Employees who retire between the ages of fifty-five (55) and fifty-nine (59), and have at least ten (10) years of continuous service.

Employees who are separated because of a permanent disability, regardless of length of service. V

Employees who are separated because of death regardless of their length c~f service. V

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, five (5) days per week for a total of 1820 hours for the employment year, he would earn thirty-five (35) hors of vacation for each week of vacation he is entitled to (1820/2080 x 40=35).

~pIC~JeVt9 New HIrV ~i 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 is 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. A n 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 vacation leave at the new increased vacation leave accrual rate. You will be 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.

Prorated Accru~si V if the number of total hours you work during a service anniversary year is less than 2,080 (40

Mañnes - AM - Parris island exp 9-30-1O.DOc hours x 52 weeks), you will accrue a prorated portion of the full vacation benefit.

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…