CBA WD Miramar.pdf

CBA WD Page 1 of 1

Wage Determination No.:

Division of Revision No.:

Wage Determinations Date Of Last Revision:

State: California

Area: San Diego

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-2010-3368

3/15/2010 http://www.wdol.gov/DisplayT4CWD. aspx?WDNo~CBA-20 1 0~3 368 3/15/20 10

Addendum

Between

Sodexo, Inc.

And

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

Covering Food Service Employees

At

MCAS Miramar Messhall 5500 & Trailers

San Diego, California

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.

Whereas, the Union has been duly designated by the Company’s non-supervisory employees at Miramar lVlaiine Corp Air Station, (Messhall 5500 I Trailers), 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 THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:

WAGES

Current: Effective dctober 1, 2009:

Food Sanitation Specialist 1 11.17 11.32 Food Sanitation Specialist II 11.68 11.83 Salad Maker 11.85 12.00 CashierlHeaclcounter 12.47 12.62 Store Clerk 14.44 14.59 taker 14.42 14.57 Chief Cook 15.76 15.91 Cook 11 14.42 14.57 Cook 1 13.40 13.65

MCFMIS 17.00 17.16

Appliance Technician 1 17.35 17.50 Appliance Technician II 20.36 20.50 Appliance Technician III 21.01 21.16

The Company shall have the right to hire not more than ten (10%> percent of its total “new hire” Food Sanitation Specialist I work force for a training program. A ‘new hire” employee shall be placed in the classification of Food Sanitation Specialist I for a period not to exceed thirty (30) days. Upon completion of this training period, the employee shall be advanced to the classification of Food Sanitation Specialist II. A “new hire” is an employee who has not worked at this federal facility, with any predecessor or current contractors.

Appliance Mechanics for Miramar 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 Miramar 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.

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 worked plus all hours of paid vacation, holidays, and sick leave, 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 Health and 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 Medical Leave. The Company shall contribute three dollars and one cent ($301) per hour to the IWE Heath and Welfare Fund on behalf of any employee who is on a family or medical leave of absence under the federal Family and Medical Leave Act. In order to be eligible for such contributions, an employee must have worked for the Company or its Predecessor at the Base for a total of at least twelve (12) months and for at least 1,250 hours in the twelve (12) 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, including all hours during said period of paid vacation, holiday and or sick leave~

Effective October 1, 2009:

The Company shall contribute to the ITPE Health and Welfare Fund the sum of three dollars and twenty-four cents ($3.24) per hour for all straight time hours worked plus all hours of paid vacation, holidays, and sick leave, 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 Health and 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 çlollars and twenty-four cents ($324) 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 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, including all hours during said period of paid vacation, holiday and or sick 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 plus all hours of paid vacation, holidays, and sick leave, 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 and other actions taken by the Board of Trustees of such Fund.

VACATIONS

Effective October 1, 2009:

2 weeks after 1 year of service.

3 weeks after 5 years of service 4 weeks after 10 years of service

Length of service includes the whole span of continuous service with the present (successor) contractor, wherever employed, and with the predecessor contractors in the performance of similar work at the same federal facility. The employee will receive vacation pay through the normal payroll cycle reflecting the time when the vacation occurs. Temporary layoffs or leaves of absence during the year will not interrupt the continuity of length of service for the purpose of vacation eligibility.

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 no 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 been made. A vacation period once assigned will not be canceled by the Company, except in cases of emergency.

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 erI~ployment 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 wfll 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 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.

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

Example:

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

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

35 hours x 52 weeks =1,820 hours worked per year 1,820 hours x .03550(80 hour accrual rate) = 70 hours of vacation leave To earn the maximum vacation accrual of 80 hours, you would need to work at least 2,080 hours (a 40~hour week) in your service year.

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

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.

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Carry~over of vacation leave is riot permitted on government contracts due to the liability of a successor contractor if and when the contract is awarded to another contractor.

HOLIDAYS

Effective October I ,2009:

01. New Years Day 07. Labor Day

02. Martin Luther King, Jr.’s Birthday 08. Columbus’ Day

03. Presidents’ Day 09. Veterans’ Day

04. Memorial Day 10. Thanksgiving Day

05. Independence Day 11. Christmas Day 06, Employee’s Birthday

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, or shall observe the holiday on the following working day.

In the event that one of the holidays shall 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.

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.

When the Company requires work on any shift on a holiday, it shall post a notice of such requirements at least seven (7) days prior to that holiday. Said notice ~haIl provide space for the signatures of volunteers for such work. If not enough qualified volunteers sign said notice within three (3) days after posting, the Company shall select qualified employees in reverse seniority to perform the work to be performed. However, If too many employees volunteer, the Company shall select qualified employees in order of seniority to perform the work.

SICK LEAVE

Current and Effective October 1, 2009:

All employees shall accrue Sick Leave at the rate of one (1) day of sick leave for every two (2) months worked. Employees shall accrue at the rate of one (1) hour of sick leave for each .43.3 hours paid to include hours worked, vacation, holiday, sick, bereavement and jury duty not to exceed six (6) days per year.

Sick leave accrues from the jst day of service, and becomes available for use after six

(6) months of service.

All unused accumulated sick leave shall be paid to the employees at the end of the Government contract year or contract period if less than one (1) year, or the employee’s termination for any reason.

BEREAVEMENT LEAVE

current and Effective October 1. 2009:

Upon the death of a member of the immediate family of an employee, occurring after the completion of the employee’s probationary period, the Company shall grant a three

(3) paid leave to enable such employee to attend the funeral and otherwise assist in the burial of such member of the family.

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

The term “Immediate Family” as used herein shall consist of the following members only: Mothers Father, Spouse, Registered Domestic Partner, Children, 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, end provides adequate documentation of his bereavement upon request of the Company.

REST PERIODS

Current and Effective October 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 meal 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 day, shall be allowed an unpaid meal period of at least thirty (30) minutes which commences rio 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 hall, in the classification qualified to perform the work as necessitating overtime within the appropriate crew or shift as equitably as practicable. Overtime lists will be made available to the Shop Stewards on request. The Company will give as much notice of overtime as practicable. Nothing in. this Agreement is intended to require the Company to incur overtime. There will be no pyramiding of overtime pay.

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

For purposes of computing overtime, a day is 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.

UNWORMS

Current and Effective October 1, 2009:

Proper uniforms and safety equipment will be furnished arid 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 riot 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 unretumed 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 Contractor 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 shoes are valued at $59.98 per pair. The steel toe safety shoes shall be worn during working hours only.

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IN WI1N~SS WH~RECW, th~ p~rtIe~ hereto have executed this A~reem~nL

FO~TI-I~ UNION;

1ndu~tij~I, Thchnical, ~r~d Profess!on~I ~mp!oyee~ onIon, OPEIU Loo~T 467~, AFL~-OtO

Date: 7JIs~/(~L..

FOR Th~ COMPANY:

~odexo, ~

Oate: ~ ., ~OR TH~ SU6CONTRAGTOR

Avery (~roup, Irto,