Anacostia_CBA_with_IUOE_Local_99_10.1.2010-9.30.2013.pdf

AGREEMENT

between

LB&B ASSOCIATES INC.

for

U.S. NAVAL STATION COMPLEX 1 & 2

ANACOSTIA, WASHINGTON, D.C.

and

INTERNATIONAL UNION OF

OPERATING ENGINEERS

LOCAL 99

OCTOBER 1, 2010 - SEPTEMBER 30, 2013

Index

AgreemnL.

Article 1 Union Representation and Membership 4

Section 1.1. Union Representation 4 Section 1.2. Jurisdiction 4 Section 1.3. Union Membership 4 Section 1.4. Good Standing 4 Section 1.5. Operation and Maintenance 4 Section 1.6. Duties and Classifications 5 Section 1.7. New Hires 6 Section 1.8. Union Access 7 Section 1.9. Employee Qualifications 7

Article 2 Management Rights 7

Article 3 Wages, Hours and Overtime 8

Section 3.1. Wage Schedule 8 Section 3.2. Work Week and Overtime 8 Section 3.3. Overtime Computation 8 Section 3.4. Days Off 8 Section 3.5. Work Schedule 8 Section 3.6. Call Back 8 Section 3.7. No Reduction 8

Article 4 Vacations, Holidays and Sick Leave 9

Section 4.1. Vacation 9 Section 4.2. Holidays 9 Section 4.3. Sick Leave 10

Aicle 5 Ivliscellaneous

Section 5.1. Orders and Instructions 10 Section 5.2. Necessary Repairs 10 Section 5.3. Qualified Employees 10 Section 5.4. No Conflict 10 Section 5.5. JAC Contribution 10 Section 5.6. Funeral Leave 10 Section 5.7. Dues Deduction Authorization 11 Section 5.8. Jury Duty 11 Section 5.9. Tools 11 Section 5.10. Uniforms 11 Section 5.11. Successorship 11 Section 5.12. Invalid Provision 11

Section 5.13. Shop Steward .12 Section 5.14. Reassignment to Higher Rated Classification 12 Section 5.15. Seniority 12 Section 5.16. Consideration and Offers of Employment 12

Article 6 Health, Welfare and Pension Benefits 13

Section 6.1. Health and Welfare 13 Section 6.2. Central Pension Fund 14

Article 7 Grievance and Arbitration Procedure 14

Section 7.1. Procedure 14 Section 7.2. Processing of Grievances 14

Article 8 Term of Agreement 16

Agreement

This Agreement made, by and between Local 99-99A, International Union of Operating Engineers, affiliated with the Metropolitan Washington Council AFL-CIO, party of the first part (hereinafter referred to as the “Union”) and LB&B ASSOCIATES INC., party of the second part (hereinafter referred to as the “Employer”).

That, for the purpose of mutual understanding, and in order that a harmonious relationship may exist between both the Employer and the employees in the unit herein defined, and to the end that continuous and efficient service may be rendered by both parties for the mutual benefit of both, it is hereby agreed that:

Article 1 Union Representation and Membership

Section 1.1. Union Representation: The Employer recognizes the Union as the exclusive representative for the purpose of collective bargaining with respect to rates of pay, hours of work and other conditions of employment for its employees employed at the U.S. Naval Station Complex 1&2 in Anacostia, Washington, D.C.

Section 1.2. Jurisdiction: All employees in positions under the classifications as set forth in Exhibit “A,” attached hereto, and as further referred to in Article 1, Section 6 of this Agreement.

Section 1.3. Union Membership: In accordance with the provisions of the Labor- Management Relations Act, 1947, all employees covered by this Agreement shall, within thirty

(30) days from and after the effective date of this Agreement, as hereinafter set forth, or within thirty (30) days after their employment during the term of this Agreement, become members of the Union and retain such membership during the period of this Agreement. The first thirty (30) days of employment shall be a probationary period during which an employee may be discharged with or without cause.

Section 1.4. Good Standing: Subject to provisions of the Act, the Employer shall, on, but not before, the tenth(10th) working day from receipt of written notice from the Union, discharge any employee who is not in good standing in the Union as defined in the Act and as required by the preceding Section. The Union agrees to hold the Employer harmless against any and all claims, suits or other forms of liability arising from the obligations and executions thereof of this Article.

Section 1.5. Operation and Maintenance: The jurisdiction of the Union shall extend over and include the installation, renovation, operation, maintenance, and repair of:

a. All fired or unfired pressure vessels and vacuum systems.

b. All refrigeration and air conditioning machinery and their associated equipment including maintenance and repair of cold storage spaces, except in commercial spaces.

c. All plumbing and piping including water, gas, heating, steam, and fire sprinkler systems.

d. All electrical equipment, conduit, wiring, cabling devices, lamping, appliances, and fixtures including power, lighting, fire alarm, security, and public address systems; also including control circuitry and such portions of data, television and telephone systems as required.

e. All machinery and equipment used in the production and/or for the health and comfort of the Employer’s business and personnel.

f. Energy Management Systems that control equipment under Local 99’s jurisdiction.

It is agreed, however, that any part or parts of this jurisdiction of which the Employer has a bona fide working agreement with another Union or Unions which pre-dates this Agreement, such part or parts shall automatically be deleted from this Agreement.

It is further agreed that any repairs or maintenance which, in the opinion of the Engineer after consultation with the Employer, are beyond the scope of the employees covered herein to perform, are exempted from said jurisdiction.

The Union, in the exercise of its rights, agrees to keep the equipment covered herein in a clean and orderly condition. It is agreed and understood, however, that painting shall be limited to the mechanical equipment and its immediate surrounding area. In no instance shall an employee be required to paint walls, ceilings or in any area outside of the engine rooms, boiler rooms or shops under this jurisdiction, excepting employees hired exclusively as painters for the aforementioned areas.

Section 1.6. Duties and Classifications: The scope of duties of the classifications, as listed in Exhibit “A” of this Agreement, shall be as follows:

a. Chief Engineer: To be responsible for the supervision of the bargaining unit workforce and other personnel and all equipment assigned at the specific work location. To perform such duties as may be assigned to him by the Project Manager. Should the incumbent Chief Engineer vacate the position, the Company, at its option, may consider the position a non-bargaining unit position or elect to keep such position in the bargaining unit.

b. Lead Engineer: To be responsible to his/her immediate supervisors, for the safe and efficient operation of all equipment in his/her plant and for emergency notification of proper supervisory personnel as needed.

c. Engineer: To be responsible to his/her immediate supervisor only, for the safe and efficient operation and maintenance during his/her watch of all equipment in his/her plant as defined in Section 5 of this Article.

d. Maintenance Mechanic: To perform maintenance and repairs to all equipment as defined in Section 5 of this Article under the direct supervision of his/her immediate superior. He/She shall at no time be assigned or stand an Engineer’s watch.

e. Maintenance Mechanic Helper: To perform all assigned duties under the immediate supervision of the Lead Engineer or his/her designee.

f. Electrical Specialist: Performs a variety of electrical trade functions such as the installation, maintenance, or repair of equipment for the generation, distribution, or utilization of electrical energy. Installing or repairing of any of a variety of electrical equipment working from blueprints, drawings, layouts, or other specifications; locating and diagnosing trouble in the electrical systems or equipment working standard computations relating to load requirements; using a variety of electrical hand tools and testing instruments. In general, it requires the experience and training usually acquired through a formal apprenticeship or equivalent training and experience.

g. General Mechanic Grade 2: Performs general maintenance and repair of equipment and buildings requiring practical skill and knowledge (but not proficiency) in such trades as painting, carpentry, plumbing, masonry, and electrical work. Replacing electrical receptacles, wires, switches, fixtures, and motors; using plaster or compound to patch minor holes and cracks in walls and ceilings; repairing or replacing sinks, water coolers, and toilets; painting floors, steps, and sidewalks; replacing damaged paneling and floor tiles; hanging doors and installing door locks; replacing broken window panes; and performing general maintenance on equipment and machinery.

h. Administrative Assistant: Performs administrative duties as assigned by his/her immediate supervisor. The Company, at its option, may consider the Administrative Assistant position as a non-bargaining unit position or elect to keep such position in the bargaining unit.

i. Fuels Technician: Performs maintenance of the fuel system.

Section 1.7. New Hires: Should the Employer apply to the Union Business Office for new help, the Union agrees that it will make every effort to furnish competent help without discrimination because of race, creed, sex, age, national origin, or membership or non membership in the Union. The Employer agrees to notify the Union of the names and addresses of any new employees no later than fifteen (15) days from their dates of employment.

Section 1.8. Union Access: The Business Manager and/or Business Representative of the Union shall be permitted access to the engine room, boiler room or any section of the plant where employees covered by this Agreement may be working. In the exercise of this provision, the Union agrees to first notify the Employer of the intent and time to enter said premises.

Section 1.9. Employee Oualilications: In determining the qualifications of new employees, the Employer may require the applicant to be mentally and physically capable and competent to protect the best interests of the Employer.

Article 2 Management Rights

The management of the Company, and the direction of the workforce including, but not limited to, the maintenance of order, discipline and efficiency, including the right to direct, plan and control work site operations, to schedule working hours or production, the right to hire, promote, demote, transfer, suspend or discharge employees or to release employees because of lack of work or for other legitimate reasons, or the right to introduce new and improved facilities, to determine the method of operations, the material to be used, the discontinuance of any operations, material or methods or operation, to manage the work site, the preparation of any and all production time records or other similar forms and records, the establishment, revision and implementation of Company rules and regulations necessary for properly conducting its business which are not contrary to this Agreement, and all inherent and common law management functions, which the Company has not expressly modified or restricted by a specific provision of this Agreement, are retained and vested exclusively in the Company. The Company’s failure to exercise any function reserved to it shall not be deemed to be a waiver of any such right.

Furthermore, disciplinary actions shall be in accordance with the Company’s established policies and procedures. The Company policies shall take precedence to the extent they are not in conflict with any provision of this Agreement.

The Union recognizes that the Company is a contractor to the Federal Government and that the Company is required at all times to fully meet its obligations as a contractor. The Union will not interface directly with the Federal Government. Nothing in this Agreement is intended nor will any provision of this Agreement prevent the Company from fully meeting its obligations and responsibilities as a contractor. The Union fully recognizes that from time to time the Government may impose various legal and/or lawful demands or obligations and comply with such rules and regulations as may be promulgated or imposed by the Government.

The Employer shall be the sole assessor of the qualifications of all employees. The Government shall have the right to disapprove the hire of any new employee. Any such disapproval will not be subject to any Grievance and Arbitration Procedure included in this Agreement.

Article 3 Wages, Hours and Overtime

Section 3.1. Wage Schedule: Wages and classifications of positions shall be as shown in Exhibit “A”. Pay periods will be in accordance with LB&B ‘ s established pay cycle. Pay periods will run from the 1st to the 15th of the month and the 16th to the last day of the month. Paydays are semi-monthly and fall on the 15th and the last day of the month. If a payday should fall on a weekend or a scheduled holiday, employees will receive their paychecks on the Friday before the weekend or the day before the holiday, whichever applies.

The employees are required to complete their timecards accurately, completely and timely on a daily basis.

Section 3.2. Work Week and Overtime: The normal workweek is defined as beginning 12:0 1 AM Monday and ending at Midnight Sunday. Any work exceeding forty (40) hours divided into five (5) days of eight (8) consecutive hours, exclusive on a one-half (1/2) hour unpaid lunch period, where applicable, in any one (1) day or forty (40) hours in any one (1) week (but not both) shall constitute overtime and shall be paid for at one and one-half (1 ½) times the basic rate. Employees who are requested to work during their assigned lunch break will be paid accordingly. Work performed on the seventh (7th) consecutive day shall be paid for at double or two (2) times the basic rate. All time paid shall be considered time worked for the purposes of computing overtime.

Section 3.3. Overtime Computation: All time paid for shall be considered time worked for the purpose of computing overtime.

Section 3.4. Days Off: Each employee shall have two (2) regularly assigned days off in each forty (40) hour week and, where practicable, these days shall be consecutive. Should an employee be assigned to work on either, or both, of his/her assigned days off, he/she shall be paid accordingly. He/She shall not be assigned off on any of his/her regular working days.

Section 3.5. Work Schedule: The Chief Engineer or Maintenance Supervisor shall post a work schedule in the engine room at least one (1) week in advance.

Section 3.6. Call Back: In the event that an employee is called back to work in an emergency or for any other reason (other than negligence on his/her part) after completing his/her regular work day and leaving the premises, he/she shall receive not less than four (4) hours’ pay for same, calculated at one and one-half (1 1/2) times the basic rate.

Section 3.7. No Reduction: No employee shall suffer a reduction in salary, adverse change in working conditions or the loss of any benefit now enjoyed by him/her as a result of this Agreement, but this shall not be held to apply to the result of any rearrangement or reorganization of personnel; and it is agreed that this section is limited to the understanding that an employee, now enjoying a benefit greater than one expressly provided in this Agreement, shall continue to receive the benefit so enjoyed and not be reduced to such lesser benefit provided herein.

Article 4 Vacations, Holidays and Sick Leave

Section 4.1. Vacation: Each employee covered by the terms of this Agreement, who has worked continuously in the employ of the Employer for the following periods, shall be entitled to vacations as shown below:

After one (1) year’s service two (2) weeks’ vacation After five (5) years’ service three (3) weeks’ vacation After ten (10) years’ service four (4) weeks’ vacation After twenty (20) years’ service five (5) weeks’ vacation

Time for taking said vacations shall be at the discretion of the Employer. Should a recognized holiday occur during an employee’s vacation, he/she shall receive an additional day’s vacation with pay. After six (6) months’ service, should an employee’s service be terminated for any reason, he/she shall receive pay in lieu of all unused accumulated vacation. Vacation time may be carried over to the next year, subject to the approval of the Employer. Effective October 1, 2011, vacation time may not be carried over to the next year.

Section 4.2. Holidays: The following holidays shall be recognized and employees shall receive a day’s pay for same:

New Year’s Day Independence Day Christmas Day Inauguration Day Labor Day Personal Day Martin Luther King’s Birthday Columbus Day Washington’s Birthday Veteran’s Day Memorial Day Thanksgiving Day

a. In weeks during which a holiday occurs on a scheduled workday and an employee is assigned off duty, he/she shall receive a day’s pay for same. During such week(s) all work performed in excess of thirty-two (32) hours shall be paid for at one and one-half (11/2) times the basic rate.

b. If an employee works on any of these holidays, he/she shall be paid one and one-half (11/2) times the basic rate for all hours worked, in addition to holiday pay. No employee shall be assigned to work less than eight (8) hours on a holiday.

c. If a holiday falls on an employee’s regularly scheduled day off and he/she is not required to work, he/she shall receive a day’s pay for same.

d. If any of these holidays fall on a Sunday, the following Monday shall be observed as the holiday.

e. If any of these holidays fall on a Saturday, the preceding Friday shall be observed as the holiday.

f. It is understood and agreed that in no event shall sub-sections a, b or c of this section be combined or pyramided, nor shall this section be combined with Article 3, Section 3.2 of this Agreement.

Section 4.3. Sick Leave: Each employee covered under the terms of this Agreement shall accrue seventy-two (72) hours’ sick leave annually not to exceed a maximum of two hundred

(200) hours. There will be no buyback of sick leave.

Article 5 Miscellaneous

Section 5.1. Orders and Instructions: All orders and instructions for engine room, boiler room, mechanical repairs, and maintenance work shall be issued through the Chief Engineer or Project Manager or other official designated by the Employer. All hiring and discharges will be made in accordance with Company policy.

Section 5.2. Necessary Repairs: The employees shall maintain and make all necessary repairs to all equipment and machinery coming under the supervision of the Chief Engineer, except where the same conflicts with the trade rights of other organizations when defined.

Section 5.3. Oualified Employees: Notwithstanding any other provision contained in this Agreement, it is expressly agreed that this Agreement covers only those employees authorized and qualified to operate and maintain the equipment as set forth in Article 1, Section 5 of this Agreement and that the term “maintenance man” does not, and is not intended to, include custodial and janitorial employees such as charmen, charwomen, janitors, porters, elevator operators, and similar employees.

Section 5.4. No Conflict: The Employer shall not enter into any agreement with any employee covered by this Agreement, the terms of which conflict with the terms of this Agreement.

Section 5.5. JAC Contribution: The Employer agrees to pay the sum listed below for each employee covered by this Agreement to the Treasurer of the Local 99, I.U.O.E. Joint Apprenticeship Trust.

October 1, 2007

$ 70.00

Section 5.6. Funeral Leave: It is recognized by the Employer and Union that five (5) consecutive calendar days may be needed by an employee to attend a funeral service of a spouse, parent, or child, and three (3) consecutive calendar days may be needed by an employee to attend a funeral service of a sister, brother, parent-in-law and grand parents. If any of these days are working days, the employee shall suffer no loss in pay. One of these days shall be the day of the funeral. No employee shall receive pay for any part of funeral leave that occurs during previously scheduled or regular time off, or when the employee is absent from work for other reasons. In no event shall pay for funeral leave be in excess of eight (8) hours per day at straight time.

Section 5.7. Dues Deduction Authorization: The Employer will deduct from the pay of the employee the Union dues, for all employees of the Union, upon signing of an individual dues deduction authorization card in the form agreed to between the Employer and the duly designated officer of the Union. The Union agrees to hold the Employer harmless against any and all claims, suits or other forms of liability arising from the obligations and executions thereof of this Article.

Section 5.8. Jury Duty: Employees actually serving on juries shall receive the difference between their straight-time weekly basic pay and the amount received while on jury duty to a maximum of ten (10) working days per contract year. They will be expected to work their regularly posted schedule on days when the jury is not in session.

Section 5.9. Tools: The Employer agrees to furnish all necessary tools and equipment for the safe and efficient performance of the employees’ duties. The Employer further agrees that the employees shall not be required to furnish any tools required for the performance of the employees’ duties.

Section 5.10. Uniforms: The Employer agrees to furnish the employees sufficient work uniforms to be worn during working hours while on duty. If the employees are required to wear safety shoes, the Employer will reimburse the employees up to one hundred and twenty-five dollars ($125.00) per year.

Section 5.11. Successorship: This Agreement is to the benefit of and shall be binding on the heirs, executors, and administrators of the parties hereto. The provisions of this Agreement shall be binding upon the Company by whatever name it may trade under, and all the terms and obligations herein contained shall not be affected or changed in any respect by such name change or changed in any respect by any change in the legal status or management of the Company.

Upon notice by the government that LB&B will not retain the contract, employees will not be permitted to utilize paid sick leave. Such restriction will not exceed past sixty (60) days from the final date of performance. The successor shall be required to assume any and all accrued sick leave and seniority the employees may have accumulated during their employment with the previous Employer.

Section 5.12. Invalid Provision: In the event any article, section or provision of this Agreement is held improper or invalid by any civil authority, agency or court, such article, section or provision shall not invalidate other portions of this Agreement; and if any part of this Agreement is in conflict with or not in compliance with the Labor-Management Relations Act, 1947, any amendments or additions thereto, such parts of this Agreement shall automatically be deleted from this Agreement.

Section 5.13. Shop Steward: An employee andlor a steward meeting with a supervisor or manager in accordance with the steps outlined in the grievance procedure may do so without loss of pay. Employees and/stewards will be compensated for time spent investigating grievances up to a maximum of two (2) hours per week.

Section 5.14. Reassi2nment to Hi2her Rated Classification: Work performed by an employee in a higher rated job classification in the Collective Bargaining Agreement shall be paid for at the higher rate when the Employer expressly reassigns such employees to the work in the higher rated classification, and the reassignment is for a substantial duration of time due to temporary changes in personnel or extended absences. Such differences will not be paid, nor will this section be applicable, to vacation relief, sick relief, absenteeism, bereavement, or other short term situations with a fixed duration.

Section 5.15. Seniority: Upon completion of the probationary period, employees shall be placed on the seniority list dating from the first day of employment. Seniority shall be by job classifications for the purposes of layoff and recall; however, all other benefits provided for in this Agreement shall accrue from the employee’s date of hire on-site.

When an employee is promoted to a higher classification, he/she shall carry all previous classification seniority to the new classification within that trade.

In the event it becomes necessary to lay off employees for lack of work, the least senior employee, within the classification within that trade, shall be laid off first.

In recalling employees after layoff, the Employer agrees to offer reemployment to the extent that additional help is needed to employees in the reverse order in which such employees were laid off, again within their classifications, provided, however, that the period of layoff does not exceed twelve (12) months.

An employee, who accepts recall after layoff, will be credited with seniority held at time of such layoff.

Section 5.16. Consideration and Offers of Employment: It is the intent of this Article to establish a procedure to consider and offer employment to the most qualified applicant in situations where a permanent vacancy, other than a temporary vacancy, occurs within the bargaining unit.

When a permanent vacancy occurs within one (1) of the positions contained in the bargaining unit, a bulletin shall be posted in the headquarters of each unit for a period of seven (7) working days, during which time eligible employees will have an opportunity to submit written bids for the vacancy. An applicant, who does not bid for a job for reasons including absence from work during the posting period, shall lose all rights to the job; however, shop stewards may bid for job vacancies for employees on vacation, absent due to illness or other justifiable reasons, subject to his/her availability for that position, if that employee so desires.

New hires, promotions or transfers will be based on the applicants’ qualifications for that particular job. The Employer agrees to give each applicant consideration. In consideration of each applicant, the Employer will rate each applicant on a factor basis to determine his/her level of qualifications for that particular vacancy. In the event that two (2) or more applicants are measured to having the same relative qualifications, then seniority within the bargaining unit will be the determining factor.

There will be a forty-five (45) working-day trial period for applicants, who are awarded new positions. In the event that their performance is unacceptable, they may be returned to their old position and pay rate within this trial period.

Article 6 Health, Welfare and Pension Benefits

Section 6.1. Health and Welfare: The Employer agrees to make contributions, as listed below, for all full time employees and their dependents covered herein to the Health and Welfare Trust Fund of the International Union of Operating Engineers, Local 99-99A.

Coverage 1/0112009 10/112010 11112011 11112012 1/1/2013

Single $501.00 $474.00 $498.00 $523.00 $549.00

Family $1108.00 $1048.00 $1100.00 $1155.00 $1213.00

In the event the contribution by the Employer is less than the required contribution rate, as determined from time to time by the Trustees of the Local 99-99A Plan, the Employer shall have the right to, and will, deduct from the wages of each employee an amount equal to the difference between the Employer contribution and the plan cost as determined by the Plan Trustees.

The contribution by the Employer together with the amount withheld from the employees pay shall be paid to the Plan Administrator no later than the twentieth (20th) of the month following the month in which the deductions were made.

In the event that there is a decrease in the premium of the Health and Welfare Plan during the term of this Agreement, the Employer agrees to contribute the difference in savings to the Central Pension Fund.

Section 6.2. Central Pension Fund: The Employer agrees to make contributions per hour, as listed below, for all employees covered herein to the Central Pension Fund of the International Union of Operating Engineers and Participating Employers.

! 10/01/2009 10/1/2010*

$5.30 per hour $5.40 per hour

* Effective October 1, 2010, a one-time adjustment of $0.10 was added to the hourly pension contribution rate in lieu of one (1) sick day provided for by the predecessor agreement.

Article 7 Grievance and Arbitration Procedure

Section 7.1. Procedure: In the event any grievance or dispute arises as to the interpretation, applications, or any claimed violation of this Agreement, the Union and the Employer shall meeting in an effort to reach an amicable settlement. Specifically, the matter shall be pursued as follows:

Section 7.2. Processin2 of Grievances: All grievances shall be presented as soon as practical after the occurrence upon which the same is based, but in no event later than five (5) working days if the same is a dismissal grievance, or later than thirty (30) calendar days from the date the person knew or should have known about the grievance issue if the grievance arises any other cause.

Step 1: Between the Project Manager and the Shop Steward. The first step meeting shall be held within seventy-two (72) hours from the date the grievance is filed with the Company unless a new date is set by mutual agreement. The Supervisor shall give the Shop Steward a written reply to the grievance within two (2) working days after the meeting with the Shop Steward. If this reply is unsatisfactory, the Shop Steward may appeal the decision to Step 2, provided such appeal is made within five (5) working days after the receipt of the Supervisor’s reply. A meeting in Step 2 shall be held within ten (10) working days after receipt by the Company of Notice of Appeal unless a postponement is jointly agreed to by the Company and the Union.

Step 2: Between the Company’s Labor Relations Representative or designee and the Business Representative or a designated representative of the Union. The Human Resources Manager shall make a reply in writing no later than ten (10) working days after meeting with the Business Representative.

In the event that the matter remains unresolved after the second step, either party may, within thirty (30) calendar days of the Company’s Step 2 response, upon written notice to the other party, refer the matter to binding arbitration. The parties shall choose an arbitrator from a panel to be proposed by the American Arbitration Association. The arbitration shall proceed in accordance with the Rules of Labor Arbitration of the American Arbitration Association.

The Union agrees not to engage in any strike, slow-down, or interruption of work while the grievance resolution process continues. There shall be no strike, work stoppage, or interruption in protest of any decision of the arbitrator.

The Employer agrees not to engage in any lockout during the term of this Agreement.

The parties agree that the decision or award of such Arbitrator shall be final and binding on each of the parties and that they will abide thereby. The authority of the Arbitrator shall be limited to determining questions involving the interpretation or application of specific provisions of this Agreement, and no other matter shall be subject to Arbitration hereunder. The Arbitrator shall have no authority to add to, subtract from, or to change any of the terms of the Agreement, to change an existing salary rate or to establish a new salary rate.

It is determined under the grievance procedure, including Arbitration, that any adjustment in salaries is appropriate, such adjustment shall be based upon existing salary rates and shall be applied retroactively to the date of occurrence.

Each party shall bear the expenses of the preparing and presenting its own case. The cost of the Arbitrator’s services and any other expenses incidental to the Arbitration, shall be borne equally by the parties.

End of Article 7

Article 8 Term of Agreement

This Agreement shall be in full force and effect from the 1 day of October 2010 to and including the 30th day of September 2013, and shall renew year to year unless, not less than sixty (60) days prior to an anniversary date of this Agreement, written notice to the contrary be given.

IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written.

For EMPLOYER

LB&B ASSOCIATES INC.

9891 Broken Land Parkway Suite 400 Columbia, MD 21015

(— 4b 1

Louis C. Bricca Director of Labor Relations

.---— I Tiithy S. Fisher Labor Relations Administrator

For UNION

INTERNATIONAL UNION OF

OPERATING ENGINEERS,

LOCAL UNION NO. 99, AFL-CIO

2461 Wisconsin Avenue, NW Washington, DC 20007

Mfha’el R. Murphy Business Manager

Harry Geety I4’ Recording Correspoing Secretary

President

EXHIBIT “A”

The wages per hour for the following classifications shall not be less than the amounts listed below:

Effective October 1, 2010, a one-time adjustment of $0. 10 was added to the wage rates of each classification prior to the general wage increase in lieu of one (1) sick day provided for by the predecessor agreement.

The wages of the Apprentice Engineers shall be based on the Engineer’s wage scale and shall be as follows:

50% for the first six (6) months of apprenticeship 55% for the second six (6) months of apprenticeship 60% for the third six (6) months of apprenticeship 65% for the fourth six (6) months of apprenticeship 70% for the fifth six (6) months of apprenticeship 75% for the sixth six (6) months of apprenticeship 80% for the seventh six (6) months of apprenticeship 85% for the eighth six (6) months of apprenticeship

The Apprenticeship shall be for a period of not more than four (4) years.

Classification ElTect October 1, October 1 1* Li, 2011 ctive r 1, 201

Chief Engineer $42.06 $43.64 $45.16 $46.74 3rd Class DC Lead

$39.39 $40.87 $42.30 $43.78 Engineer

Engineer $38.10 $39.54 $40.92 $42.35

Electrical Specialist $36.57 $37.95 $39.28 $40.66

Maintenance $35.58 $36.93 $38.22 $39.56

Mechanic

General Mechanic $32.06 $33.29 $34.45 $35.66

Grade 2

Fuels Technician $31.07 $32.26 $33.39 $34.56

General Mechanic $29.70 $30.84 $31.92 $33.04

Grade 3

Helper $26.09 $27.11 $28.06 $29.04

Administrative $23.93 $24.87 $25.74 $26.64

Assistant