J 21 CBA WD Camp Pendleton.pdf

CBAWD Page 1 of 1

William W.Gross Director

Division of Wage Determinations

Wage Determination No.:

Revision No.

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 10/1/2009 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 ADMINISTRATION

WAGE AND HOUR DIVISION

WASHINGTON D.C. 20210

CBA-2010-3367

3/15/2010 http ://www .wdol .gov/DisplayT4CWD. aspx?WDNo=CBA-20 10-3367 3/15/2010

Addendum

Between

Sodexo, inc.

And

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

Covering Food Seryjc~ Employees

At

Camp Pendleton, Oceanside, California

Effective October 1, 2009

ADDENDUM

Whereas, Sodexo, Inc.. and its subcontractors and CR1’ Employers, (hereinafter, the “Company~) arid 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 messhalls listed below at Camp Pendleton, 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:

LOCATIONS

All Messhalls

WAGES

Current: Effective October 1, 2009:

Food Sanitation Specialist $ 10.88 11.03 Food Sanitation Specialist Leader 12.31 12.46 Cashier/Headcouriter 12.14 12.29 Baker 14.37 14.52 Cook II (Senior Cook) 14.37 14.52 Cook I 13.35 13.50 Store Room 14.39 14.54 Driver (Medium) 16.07 16.22 MCFMISI STORES Clerk 16.06 16.21 Chief Cook 15.73 15.88 Appliance Technician 1 17.35 17.50 Appliance Technician II 20.35 20.50 Appliance Technician Ill 21.01 21.16 Appliance Technician IV 22.86 23.01

Appliance Mechanics for Camp Pendleton 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 Camp Pendleton memorandum they are employed under end the master agreement for work performed outside the USMC contract.

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Current and Effective October 1, 2009:

The employees will be paid on a weekly basis. Should the Company decide to utilize a bi-weekly system1 it wHI 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.

DISTANCE ALLOWANCE

Current ~nd Effective October 1. 2009:

All employees assi9ned to Mess Hall Nos. 43402, 53502, 52, and ~2502 shall receive a distance allowance of ninety cents ($0.~90) per hour for all hours worked, up to forty

(40) hours a 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 ~r’d 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 ($301) per hour for all straight time hours paid, not to exceed forth (40) hours in any week.

In exeouting 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 arid 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 doflars 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 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.

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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 paid to the employee during the twelve (12) week period preceding family or medical 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 paid, not to exceed forth (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 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 dollars and twenty-four cents ($3.24) 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 paid to 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.

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.

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VACATIONS

Current and Effective October 1, 2009:

Vacation leave will be earned as follows:

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

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 far 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 poriods 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 employment year, he would earn thirty-five (35) hours of vacation for each week of vacation he is entitled to (1 ~20I2080 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

Page 4of 10 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 wiN 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) clays 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).

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 ~vaiIable 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.

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:

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.

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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.

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 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 oontractor.

HOLIDAYS

Current:

01. New Years Day 06. Labor Day

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

03. Washington’s Birthday 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 clays 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 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.

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 businGes 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

Page 6of 10 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.

Effective October 1, 2009:

01. New Years Day 06. Labor Day

02. Martin Luther King, Jrs Birthday 07. Columbus Day

03. Presidents 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 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.

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 1,2009:

Sick leave will be computed on the basis of one hour of paid sick leave for each fifty-two

(52) hours paid, to include hours worked, vacation, holiday, sick leave, bereavement and jury duty not to exceed five (5) days annually.

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Sick leave accrues on the 1~ day of service based on hours submitted, and becomes available for use after the first six months of service.

AU unused sick leave benefits shall be paid on the first payroll week following the completion of each employee’s anniversary date.

Any employee who resigns will be required to notify the Company, in writing, at least two (2) weeks prior to the employee’s last day of work in order to be eligible to collect unused sick leave at termination.

BEREAVEMENT LEAVE

Current and Effective October 1, 2009:

Employees will be allowed three (3) days of paid bereavement leave computed on the basis of their average weekly straight time hours of work for the preceding four (4) weeks in connection with the death of a member of the employee’s immediate family (Spouse, Registered domestic partner, Children, Parents, Mother-in-Jaw, Father in-law, Siblings, Grandparents and Grandchildren).

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 hours 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 of hislher shift.

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

Page 8of 10 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 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 ih 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 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.

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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.

~mpIoyees 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 STEELIAPPL(ANCE TECHNIGAIN STEEL TOE SAFETYSHOE

Current and, Effective October 1, 2009:

The Contractor will supply each Stock Clerk employee and Appliance Technician 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. The shoes are valued at $59.98 per pair. The steel toe safety shoes shall be worn during working hours only.

RAPID GATE BACKGROUND CHECK PROCESS

~ffective October 1, 2009:

The Company will be responsible~for the costs of the rapid gate background check process.

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IN WiTNE~S$ WHEREOF, thG p~rt1es hereto have exeoutec~ ihrs Agreement~

FOR THE~ UNION:

industrial, Technical, and Professional ~mpioyeos Union, OPEIU Loosi 4S73, AFL~CIO

FO~ THE COMPANV~

Socløxo, inch

Date:

1(Mfr~

44~

Date: 9

IFOR THE SUE3CONT~AGTORS:

Avery Group1 ma. Job Opt(~ns, Inc.

~te:.. i~r/o~r iT~~epr~sent~tive

Date: 7 L~ /o~.

‘1D~ ~J/~2~J~ Page ilof 10