CBA WD Bridgeport.pdf

CBAWD Page 1 of 1

Division of Wage Determinations

Wage Determination No.:

Revision No.:

Date Of Last Revision:

State: California

Area: Mono

Employed on Headquarters Marine Corps contract for Regional Garrison Food Service at USMC Mess Halls.

Collective Bargaining Agreement between contractor: Sodexo, Inc., and union: Industrial, Technical, and Professional Employees Union, OPEIU Local 4873, effective 10/1/2008 through 9/30/2009 and amended on 10/1/2009.

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).

REGISTER OF WAGE DETERMINATION UNDER

THE SERVICE CONTRACT ACT

By direction of the Secretary of Labor

U.S. DEPARTMENT OF LABOR

EMPLOYMENT STANDARDS ADMINISTRATION

WAGE AND HOUR DIVISION

WASHINGTON D.C. 20210

William W.Gross Director

CBA-2010-3371

3/15/2010 http://www.wdol.gov/DisplayT4CWD . aspx?WDNo=CBA-20 10-3371 3/15/2010

Addendum

Between

Sodexo, Inc.

And

Industrial, Technical, and Professional Employees Union, OPEILJ Local 4873, AFL-CIO

Covering Food Service Employees

At

Bridgeport, California Marine Corps Messhall 3006

Effective October 1, 2009

ADDENDUM

Whereas, Sodexo, Inc. (hereinafter, the “Company”) and Industrial, Technical, and Professional Employees Union, OPEIU Local 4873, AFL-CIO, (hereinafter, the “Union”) have entered into an Agreement effective October 1, 2008 and, Whereas, the Union has been duly designated by the Company’s non-supervisory employees at the Marine Corps Messhall 3006 at Bridgeport, California as their collective bargaining representative, and

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

NOW THEREFOR~, IT IS HEREBY AGREED AS FOLLOWS:

WAGES.

Current: Effective October 1, 2009:

Food Service Worker $ 10.30 $ 10.45 Lead Food Service Worker 11.31 11.46 Cashier 9.82 10,48 Baker 13.03 13.18 Chief Cook 13.92 14.07 Cook II (Senior Cook) 12.66 12.81 Cookl 11.65 11.80 Store Clerk 15.53 15.68 MCFMIS/ STORES Clerk 15.81 15.96 Appliance Technician I 17.92 19.43 Appliance Technician II 18.47 20.03 Appliance Technician Ill 19.04 20.65

Appliance Mechanics for Bridgeport will be able to support work orders outside the Marine Corps contract. The appliance technicians will receive the same compensation, fringe benefits, and working conditions following the local Bridgeport memorandum they are employed under and the master agreement for work performed outside the USMC contract.

Current and Effective October 1. 2009:

The employees will be paid on a weekly basis. Should the Company decide to utilize a bi-weekly system, it will notify the employees and the Union in advance.

The Union and the Company recognize the principle and payment of “commensurate wages” for those employees/clients in a Certified Rehabilitative Environment.

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DISTANCE ALLOWANCE

Current arid Effective October 1, 2009:

All employees assigned to Messhall 3006 at Bridgeport shall receive a distance allowance of ninety cents ($0.90) per hour for all hours worked, up to forty (40) hours per week, in addition to their regular rate of pay. This is not to be considered or construed as payment for travel to or from work.

TRAVEL ALLOWANCE

Current and Effective October 1 2009:

Any employees who are required by management to utilize their own vehicle while performing work, or are requested to perform work at another location during their shift, shall receive a mileage allowance at the rate of the prevailing IRS rate in effect.

HEALTH AND WELFARE

Current:

The Company shall contribute to the ITPE Health and Welfare Fund the sum of three dollars and one cent ($3.01) per hour for all straight time hours paid, riot to exceed forty (40) hours in any week.

In executing this Agreement, the Company agrees to be bound by the terms and conditions of the Agreement and Declaration of Trust establishing the ITPE Health arid Welfare Plan and any amendments duly adopted thereto. The Company further agrees to be bound by all resolutions and other actions taken by the Board of Trustees of such Fund.

Contributions For Family or Medical Leave. The Company shall contribute three dollars and one cent ($3.01) per hour to the ITPE Heath and Welfare Fund on behalf of any employee who is on a family or medical leave of absence under (he federal Family and Medical Leave Act. In order to be eligible for such contributions, an employee must have worked for the Company or its Predecessor at the Base for a total of at least twelve (12) months arid for at least 1,250 hours in the twelve (12) month period preceding the period of family or medical leave. In no event shall contributions for family or medical leave exceed a period of twelve (12) weeks per employee in any calendar year. The hours of contributions for each week of family or medical leave shall be calculated by determining the average weekly hours worked by the employee during the twelve (12) week period preceding family or medical leave.

Effective Qctober 1, 2009:

The Company shaH contribute to the !TPE Health arid Welfare Fund the sum of three dollars and twenty-four cents ($3.24) per hour for all straight time hours paid, not to exceed forty (40) hours in any week.

in executing this Agreement, the Company agrees to be bound by the terms and conditions of the Agreement and Declaration of Trust establishing the ITPE Health arid Welfare Plan and any amendments duly adopted thereto. The Company further agrees to be bound by all resolutions and other actions taken by the Board of Trustees of such Fund.

Contributions For Family or Medical Leave. The Company shall contribute three dollars and twenty-four cents ($3.24) per hour to the ITPE Heath arid Welfare Fund on behalf of any employee who is on a family or medical leave of absence under the federal Family and Medical Leave Act. In order to be eligible for such contributions, an employee must have worked for the Company or its Predecessor at the Base for a total of at least twelve (12) months and for at least 1,250 hours in the twelve (12) month period preceding the period of family or medical leave. In no event shall contributions for family or medical leave exceed a period of twelve (12) weeks per employee in any calendar year. The hours of contributions for each week of family or medical leave shall be calculated by determining the average weekly hours worked by the employee during the twelve (12) week period preceding family or medical leave.

PENSION

Current and Effective October 1, 2009:

The Company shall contribute to the ITPE Pension Fund the sum of fifty-five cents ($0.55) per hour for all straight time hours worked, not to exceed forty (40) hours per week, for each and every employee covered by this Agreement.

In executing this agreement, the Company agrees to be bound by the terms and conditions of the Agreement and Declaration of Trust establishing the ITPE Pension Plan and any amendments duly adopted thereto. The Company further agrees to be bound by all resolutions arid other actions taken by the Board of Trustees of such Fund.

VACATIONS

Current and Effective OctoberJ .2009:

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

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Length of service includes the whole span of continuous service with the present (successor) contractor, wherever employed, and with the predecessor contractors in thø 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-

Vacations will not be accumulated from year to year, nor taken back to back. The employee may take his vacation in more than one segment with the consent of the Company. The employee will be paid at the employee’s current rate of pay. Employees will apply, in writing, for vacation at least three (3) weeks prior to the date vacation is desired and rio more than two (2) months in advance.

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.

Vacations will be granted to employees in order of their seniority within classification and work shift. Scheduling of vacation periods is reserved to the Company in order to assure the orderly operation of its business. Employees will apply, in writing, for vacation at least three (3) weeks prior to the date vacation is desired. The Company will approve or disapprove all vacations within one (1) week after such a request for vacation has bGen made. A vacation period once assigned will not be canceled by the Company, except in cases of emergenóy.

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 weak 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) hours of vacation for each week of vacation he is entitled to (182012080 X 40 = 35).

Separations Vested vacation leave is paid upon termination, up to 240 hours. Accrued unvested vacation time will also be paid 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) hours of vacation for each week of vacation he is entitled to (1820/2080 x 40 = 35).

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ApplIcable to New Hires Vacation will begin to accrue, or accumulate, from your first day of work. Vacation leave accrues while you are actively at work, or on paid vacation, sick, or holiday leave.

Vacation leave is not available for you to use until your first service anniversary.

Your accrued vacation leave 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. An anniversary year is the twelve consecutive months following your most recent service anniversary date.

Vacation accrual rates vary depending on your seniority date. If your vacation accrual rate increases, you will immediately begin to accrue urivested 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.

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

Example:

You are eligible to accrue 80 hours (10 days) of vacatfon 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 oniy 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 (~ 40-hour week) in your service year.

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

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

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

HOLIDAYS

Current and Effective October 1, 2009:

01. New Years Day 06, Labor Day

02. Martin Luther King, Jr.’s Birthday 07. Columbus Day

03. President’s Day 08. Veterans’ Day

04. Memorial Day 09. Thanksgiving Day 05~ Independence Day 10. Christmas Day

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

An employee’s amount of holiday pay shall be determined by dividing the number of hours normally scheduled in a week by the number of days normally scheduled in a week, and multiplying that number by his regular rate of pay.

Any work performed on a holiday will be paid at the employee’s regular rate of pay in addition to the holiday pay. If any of the named holidays fall on a non-working day, the employees shall receive pay for their average number of hours normally worked in lieu of observance, as calculated above.

In the event that one of the holidays shaH occur during the employee’s vacation, the employee will receive an additional day of paid vacation, unless the employee and the Company agree that he may receive pay in lieu thereof.

When the Company requires work of any shift on a holiday, the Company will first seek qualified volunteers for such work. The work will be assigned according to job classification seniority and business needs as established by management. If there are not enough volunteers to perform such work, the Company will direct the least senior qualified employee in that job classification to perform the work.

In order for an employee to qualify for a paid holiday, he must have worked his regularly scheduled work day immediately preceding the holiday and his regularly scheduled work day immediately following the holiday, and if scheduled to work on the holiday, unless on vacation, leave of absence, jury duty or bereavement leave.

SICK LEAVE

Current and Effective October t 2009:

AN employees shall accrue sick leave at the rate of .01154 per hour. Employees shall accrue sick leave for hours paid to include hours worked, vacation, holiday, sick, bereavement and jury duty not to exceed three (3) days per year.

Sick leave accrued from the 1~ day of service, and becomes available for use after six

(6) months of service.

All unused sick leave shall be paid to the employees on the payroll week following the end of the government contract year or contract period of less than one year, or the employee’s termination for eny reason.

BEREAVEMENT LEAVE

Current and Effective October 1, 2009:

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

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

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

spouse, registered domestic partner, children, parents, siblings, grandparents and grandchildren.

No employee otherwise entitled to leave under this Article shall receive such benefits unless he gives the Company reasonable notice before taking time off for bereavement purposes and provides adequate documentation of his bereavement upon request of the Company.

JURY DUTY

Current and Effective October 1, 2009:

The Company will compensate employees called for jury duty the difference between their jury duty pay and their regular straight-time pay if such jury service falls on the employee’s regular scheduled work day(s), up to a maximum of ten (10) days. The amount owed to an employee will be based on the employee’s hburs worked during the preceding week.

Employees will be required to produce their jury duty pay receipt in order to receive compensation as set forth above. Upon return from jury duty, an employee will be reinstated to his/her former or equivalent position of employment.

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

REST PERiODS

Current and Effective Octgber 1, 2009:

Employees will be entitled to one paid ten (10) minute unscheduled rest period during each four hour work period they work, or major fraction Thereof. Rest periods shall not be taken at the beginning or end of a shift, nor shall they be taken together with the meel break. The intent of rest periods is not to disrupt operations during a meal period.

The rest period is based on the total hours worked daily and must be at the minimum rate of a net ten consecutive minutes for each four hour work period, or major fraction thereof. In accordance with the DLSE, anything more that two hours is considered to be a “major fraction” of four.

Employees, working more than five (5) hours in any clay, 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, 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.

OVERTIME

Current and Effective October 1. 2009:

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

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

Overtime work (work requiring the payment of time and one-half) will be distributed among the employees, signing a volunteer list in the affected mess hail, in the classification qualified to perform the work as necessitating overtime within the appropriate crew or shift as equitably as practicable. Overtime lists will be made available to the Shop Stewards on request. The Company will give as much notice of overtime as practicable. Nothing in this Agreement is intended to require the Company to incur overtime. There will be rio pyramiding of overtime pay.

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

For purposes of computing overtime, a day is 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 Company’s payroll week.

UNIFORMS

Current and Effective October 1, 2009:

Proper uniforms and safety equipment will be furnished and laundered by the Company without cost to the employee; provided, however, that the Company may require or permit employees to launder and maintain uniforms furnished by the Company. When any employee is required or permitted to launder and maintain Company furnished uniforms, he will be compensated. Such payments shall not be for more that forty (40) hours per week for each employee.

Employees shall not be compensated for laundering and maintaining Company furnished uniforms when the Company elects to provide wash n’ wear uniforms. In such cases the Company will provide a minimum of four (4) complete uniforms.

The Company will furnish uniforms, excluding shoes, to each employee. If the employee fails to return their uniforms upon termination or lay-off, a charge equivalent to the rental company “lost uniform” charge shall be deducted from the employee’s paycheck for each uriretumed uniform. The Company shall notify the Union of the rate each quarter.

STOCK CLERK I APPLIANCE TECHNICIAN STEEL TOE SAFETY SHOE

Current and Effective October 1, 2009:

The Company will supply each Stock Clerk and Appliance Technician employee with one (1) pair of steel toe safety shoes annually (depending on wear and tear). The steel toe safety shoes shall be worn during working hours only.

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

FOR THE UNiON:

Industrial, Technical, and Professional Employees UniQn, OPEIU Local 4873, AFL-CIO

C2~

Paul Harvey, [rR~E~epresentative

Date: 7!1~/o7

FOR THE COMPANY:

Sodexo, Inc.

Date: 1[~4~ Date: ________