J 21 CBA WD 29 Palms.pdf

CBAWD Page 1 of 1

Division of Wage Determinations

Wage Determination No.:

Revision No.:

Date Of Last Revision:

State: California

Area: San Bernardino

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

Collective Bargaining Agreement between contractor: Sodexo, Inc., and union: United Industrial Serv, Transportation, Professional, & Governme, effective 10/1/2009 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).

REGISTER OF WAGE DETERMINATION UNDER

THE SERVICE CONTRACT ACT

By direction of the Secretary of Labor

U.S. DEPARTMENT OF LABOR

EMPLOYMENT STANDARDS ADMINI STRATION

WAGE AND HOUR DIVISION

WASHINGTON D.C. 20210

William W.Gross Director

CBA-2010-3366

3/15/2010 http://www.wdol.gov/DisplayT4CWD . aspx?WDN0=CBA-20 10-3366 3/15/2010

Memorandum of Agreement UIW @ 29 Palms

MEMORANDUM OF AGREEMENT

BETWEEN

SODEXO, INC.

AT

MARINE CORPS BASE

TWENTY-NINE PALMS, CALIFORNIA

MESSHALLS 1460 & 1660

AND

UNITED INDUSTRIAL SERVICE, TRANSPORTATION,

PROFESSIONAL AND GOVERNMENT WORKERS OF THE

SEAFARERS INTERNATIONAL UNION OF NORTH AMERICA -

ATLANTIC, GULF, LAKES AND INLAND WATERS DISTRICT,

AFLICIO

EFFECTIVE OCTOBER 1, 2009

EXPIRES SEPTEMBER 30, 2010

Whereas, Sodexo mc. (hereinafter, the ‘Company” or the “Employer”) and United Industrial Service, Transportation, Professional and Government Workers of the Seafarers International Union of North America — Atlantic, Gulf, Lakes and Inland Waters District, AFLICIO, (hereinafter, the “Union”) have entered into an Agreement effective through September 30, 2009. Whereas, the Union has been duly designated by the Company’s non-supervisory employees at Marine Corps Base. (MH 1660 opened March 1, 2006 and MH 1460) at 29 Palms, 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.

Effective August 1, 2006:

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

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

NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:

WAGES

Job Title Effective 10/1/2008 Effective 10/212009

Food Service Worker $12.16 $12.51 Cashier $12.9( $13.2 Stock Clerk $14. 7~ $15.21 MCFMIS/Stores Clerk $16.6~ $17.1f Cook I $16.2~ $16.7’ Cook II $17.63 $18.1~ Chief Cook $19.2~ $19.81 Baker $17.e~ $18.1~ Baker Helper $16.4~ $16.89 Driver Med $20.Of’ $20.63 Appliance Technician I $16.96 $17.4z Appliance Technician II $18.6~ $19.21 Appliance Technician Ill $20.5~ $21.1~ Service Order Specialist $21.92 $22.51 Pot Shack $12.21’ ~$12.61 Salad Maker $12.2E’ $12.61

Language moved from Master to Local Addendum:

Nothing in this Article is intended to imply any guarantee of schedules or hours, except as provide for in Section D below.

Memorandum of Agreement UIW © 29 Palms

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

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 (2) hours continuous 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 for a minimum of one (1) hour, 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.

Section F: 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.

Overtime Current and Effective October 1, 2008 Moved from Master Agreement to Local Addendum Section B: A regular employee, who has completed his shift, has left the Employer property and is thereafter called for work at any time prior to two hours before his next scheduled shift, will be provided with four (4) continuous hours of work or pay thereof at the applicable rate.

Section C: Overtime work (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 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.

HEALTH AND WELFARE

Current and Effective October 1, 2009:

The Company shall provide and/or contribute to a Health and Welfare Plan (e.g. FOE plan), or a benefits vendor, of the employer’s choice, for an SCA-compliant benefit plan the sum of two dollars and sixty cents ($2.60) per hour for all straight time hours worked, including vacation, holiday and sick leave for each and every employee covered under this agreement.

Contributions for Family or Medical Leave October 1, 2009:

The Company shall contribute two dollars and sixty cents ($2.60) per hour to a bona fide SCA compliant benefits plan 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 of family medical leave.

In no event shall contributions for family or medical leave exceed a period of twelve (12) weeks per employee per 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

Effective October 1, 2009:

The Company shall contribute to the UIW Pension Plan the sum of one dollar ($1.00) per hour for all straight time hours worked, not to exceed eight (8) hours per day or 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 the Declaration of Trust establishing the UIW Pension Plan and any amendments duly adopted hereto. The Company further agrees to be bound by all resolutions and other actions taken by the Board of Trustees of such plan.

VACATIONS

Current and Effective October 1, 2009

Vacation leave will be earned as follows:

Effective October 1, 2009 — September 30, 2010:

One (1) week after one (1) year of service Two (2) weeks after two (2) years of service Three (3) weeks after five (5) years of service Four (4) weeks after ten (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.

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

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

o 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,

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

• Employees with at least six (6) months of service who are separated due to lack of work.

Employees who meet these exceptions will be entitled to both vested and unvested vacation leave upon termination. Vacation will be calculated on the following basis: The total hours paid (to include hours worked and paid time off for holidays, vacation, sick leave, bereavement leave, and jury duty leave) during the employee’s previous employment year. This amount will be divided by the total full time factor of 2080 hours.

The resulting figure will be multiplied by forty (40) hours, This will be the hours earned for each week of vacation that the employee is entitled to. For example, if an employee worked seven (7) hours per day, 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).

Ap~licabIe 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 (2) 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 (12) 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 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

Memorandum of Agreement UIW @29 Palms

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

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

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

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

Unvested Leave

Each pay period, accrued vacation leave is added to your unvested vacation leave balance. The amount of vacation leave is determined by the number of hours that you work multiplied by your vacation accrual rate.

(Hours paid x accrual rate = accrued vacation leave)

The vacation leave held in your unvested vacation leave balance is not available for you to use until:

• Your service anniversary date

• The day you return to work if you are on a Leave of Absence on your service anniversary date

Your vested leave balance will appear as vested vacation on the pay stub the week following your vesting date.

If you are on a Leave of Absence on your service anniversary date or unit vesting date, your unvested vacation leave will become vested when you return to work and receive your first paycheck.

Carry-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 (1) year period before your next vesting date.

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

Language moved from Master to Local Addendum:

Section 8: 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 Employer. 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.

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

Section D: Vacations will be granted to employees in order of their seniority within classification and work shift. Scheduling of vacation periods is reserved to the Employer in order to assure the orderly operation of its business. Employees will apply, in writing, for vacation at least three (3) weeks prior to the date vacation is desired. 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.

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 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).

HOLIDAYS

Current and Effective October 1 2009:

01. New Years Day

02. Martin Luther King, Jr.’s Birthday

03. President’s Day

04. Memorial Day

05. Independence Day

06. Labor Day

07. Columbus Day

08. Veteran’s Day

09. Thanksgiving Day

10. Christmas Day

Language moved from Master to Local Addendum:

Section B: 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.

Section C: 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 in “B” above.

Section D: 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 Employer agree that he may receive pay in lieu thereof.

Section E: When the Employer requires work of any shift on a holiday, the Employer 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 Employer will direct the least senior qualified employee in that job classification to perform the work.

Section F: 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, verifiable doctors note or bereavement leave.

SICK LEAVE

Current All employees shall accrue Sick Leave at the rate of one (1) day of sick leave for every two (2) months worked, not to exceed six (6) days per year. It shall be required of all employees to submit to the Employer a certificate of notification from a doctor as proof of illness before receiving sick pay. All unused accumulated sick leave shall be paid to the employee 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.

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, not to exceed six (6) days per year. All unused accumulated sick leave shall be paid to the employee 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.

Language moved from Master to Local Addendum:

Section B: Employees shall be required to provide a doctor’s note after being absent from work for more than two (2) days. It is understood that the employee is responsible for any costs incurred in order to fulfill this requirement.

UNIFORM ALLOWANCE

Effective October 1, 2009— September 30, 2010:

The Company shall provide wash and wear uniforms in sufficient quantity.

Effective October 1, 2009:

The company shall provide three (3) wash n’ wear uniforms in the first year of employment, and five (5) uniforms, except for those who work less than five (5) days per week, in the second year of employment. Uniforms will be issued each year in April.

Language moved from Master to Local Addendum:

Section A: Proper uniforms, except shoes, and safety equipment will be furnished and laundered by the Employer without cost to the employee; provided, however, that the Employer may require or permit employees to launder and maintain uniforms furnished by the Employer. When any employee is required or permitted to launder and maintain Employer furnished uniforms, he will be compensated in accordance with the provisions of the applicable local Addendum hereto. Such payments shall not be for more that forty (40) hours per week for each employee.

Section B: Employees shall not be compensated for laundering and maintaining Employer furnished uniforms when the Employer elects to provide wash n’ wear uniforms.

Memorandum of Agreement UIW t~ 29 Palms

BEREAVEMENT LEAVE

Effective October 1, 2009 — September 30, 2010:

In the instance of 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 paid leave not to exceed three (3) days annually to enable such employee to attend the funeral and otherwise assist in the burial of such a 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 workweek. The term “immediate family” as used herein shall consist of the following members only: Mother, Father, Spouse, 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, and provides adequate documentation of his bereavement upon request of the Company.

Effective October 1, 2009:

In the instance of 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 paid leave not to exceed three (3) days to enable such employee to attend the funeral and otherwise assist in the burial of such a 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 workweek. The term “immediate family” as used herein shall consist of the following members only: Mother, Father, Spouse, Registered Domestic Partner, Children, Siblings, Mother-in~Law, Father-in~Law, 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

The Company will compensate employees called for Jury Duty the difference between their jury duty pay and their regular straight time pay, if such 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 hours worked during the preceding week.

Official notification shall be submitted to the Company prior to such leave being granted.

STOCK CLERK STEEL TOE SAFETY SHOE

Current and Effective October 1, 2008:

The Contractor will supply each Stock Clerk 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.

Memorandum of Agreement U1W @ 29 PaIni~

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

SODEXO, INC. UIW, AFL~GIO

Soan Knight Senior Director, Labor Rel rena

_____________ :9~

Date Date

Teresa Fuller District Manager

-3d~c)~ Date

Suhcordractor Signatures

Daniel i Javes, Pi-esidejit, NANA Services, LLC

O8-24~O9 _______________

Date

D~ite