Anacostia_CBA_with_SEIU_Local_32BJ_10.1.2010-9.30.2013.pdf

COLLECTIVE BARGAINING AGREEMENT

Between

LB&B ASSOCIATES

And

SERVICE EMPLOYEES INTERNATIONAL UNION

LOCAL 32BJ

HMX-1 - WHITE HOUSE COMMUNICATIONS AGENCY

(ANACOSTIA NAVAL STATION)

WASHINGTON, DC

October 1, 2010 — September 30, 2013

TABLE OF CONTENTS

ARTICLE PAGE No.

Article 1 Recognition of the Union 1

Article 2 Non-Discrimination 1

Article 3 Management Rights 2

Article 4 Hours of Work 2

Article 5 Vacations 3

Article 6 Holidays 4

Article 7 Discipline Procedure 5

Article 8 Representation 5

Article 9 Union Security and Check-Off 6

Article 10 Lay-Offs and Promotions 7

Article 11 Miscellaneous 8

Article 12 Health and Welfare 9

Article 13 Pension 10

Article 14 No Strike and No Lockout 11

Article 15 Grievances and Arbitration 11

Article 16 Jury Duty and Bereavement Leave 13

Article 17 Savings Clause 14

Article 18 Sick Leave 14

Article 19 Wages 14

Article 20 Union Rights 14

Article 21 Unpaid Leave of Absence 15

Article 22 Health and Safety 16

Article 23 Duration of Agreement 16

Schedule “A” Wages 17

AGREEMENT

This Agreement, made and entered into this 30th day of September 2010 by and between LB&B Associates, Inc. with its principal office located at 9891 Broken Land

Parkway, Suite 400, Columbia, MD 21046 (hereinafter referred to as the “Employer”) and

Local 32BJ, Service Employees International Union, with its principal office at 1329 11th

Street, Northwest, Washington, DC 20001 (hereinafter referred to as the “Union”). For the purpose of this Agreement the words “Company” and “Employer” shall mean the same.

Article 1

Recoanition of the Union

1.1 Union: The Employer recognizes the Union designated as the exclusive bargaining representative of all utility cleaners, lead utility cleaners, somat operators, movers, landscapers and drivers who perform work for the Employer at the HMX- 1, White

House Communications (Anacostia Naval Station) facilities in Washington, DC.

1.2 Exclusions: The employee groups set forth above do not include, and this Agreement does not apply to:

a. Managerial and Supervisory Personnel

b. Security Guards

c. Clerical Personnel

d. Any active duty military personnel employed by the Company on a part-time basis working less than twenty (20) hours per workweek shall be excluded from the bargaining unit.

Article 2

Non-Discrimination

2.1 The Employer and the Union agree that there shall be no discrimination by the

—1—

Employer or the Union against employees because of race, color, creed, religion, national origin, sex, age or marital status, Union membership or Union activity or because of a physical handicap, with respect to a position the duties of which can be performed efficiently by an individual with such a physical handicap without danger to the health or safety of the physically handicapped person or to others.

Article 3

Management Rights

3.1 Except as limited by a specified provision of this Agreement, the Employer shall retain the exclusive right to take the appropriate action in managing the work site consistent with applicable laws and regulations. These rights include, but are not limited to:

a. To direct employees of the Employer in the performance of official duties.

b. To hire, promote, transfer, assign, lay off and retain employees in positions within the building and to suspend, demote, discharge or take other disciplinary action against such employees.

Article 4

Hours of Work

4.1 Hours of Work: All time worked in excess of forty (40) hours per week, shall be considered overtime and shall be paid for at the rate of time and one-half (1½) in the event the overtime was approved in advance by the employee’s supervisor.

a. An employee called in outside his regular work schedule shall be guaranteed a minimum of three and one half (3½) consecutive hours of work or pay in lieu thereof. A full time regular employee who is called in on a non-scheduled work day will be guaranteed three and one half (3½) hours of work or pay in lieu thereof.

b. The work week begins on Monday and ends on Sunday for the purpose of overtime computation. Those employees who work seven (7) consecutive days in the work week shall be paid double (2x) time for the seventh(7th) day which is Sunday.

Article 5

Vacations

5.1 All employees shall receive vacations as follows:

a. All employees with one (1) year or more of service shall earn and be entitled to one (1) week’s vacation with full pay. All employees with two (2) years or more of service shall earn and be entitled to two (2) weeks vacation with full pay. All employees with five (5) years or more of service shall earn and be entitled to three (3) weeks of vacation with full pay. All employees with ten

(10) years or more of service shall earn and be entitled to four (4) weeks of vacation with full pay.

b. Employees length of service includes the whole span of continuous service when first entering the Federal facility or with the present contractor whichever is greater. Vacation shall be cumulative one year after date of hire.

Leave of absence for up to one year for disability from on-the-job injury compensable under Workmen’s Compensation Laws shall be considered as time worked for vacations only.

c. It is agreed that the employee’s vacation shall be paid at the current rate of pay not withstanding the current rate is more or less than the rate in effect at the time the vacation was earned. Vacation pay is to be given to the employees on the pay day preceding the week that the vacation begins.

d. When a holiday occurs during or immediately preceding the employee’s vacation, the employee shall be entitled to an extra day’s vacation, provided the holiday is one that would have been received had the employee been working.

e. An employee may take vacation in increments of less than one (1) week at a time, upon approval from the Employer.

Article 6

Holidays

6.1 The Employer shall grant to all employees the following holidays off with pay, provided he or she shall have worked on the working day prior to the holiday and the working day after the holiday:

• New Year’s Day • Labor Day

• Martin Luther King’s Birthday • Columbus Day

• Inauguration Day • Thanksgiving Day

• George Washington’s Day • Veteran’s Day

• Memorial Day • Christmas Day

• Independence Day

6.2 Eligibility: To be eligible for holiday pay, an employee must be in pay status, whether on active employment, vacation, or other excusable leave.

6.3 Should it be necessary for the employee to work on any of the holidays to which he or she is entitled, he or she shall receive an additional day’s pay at the rate of pay scheduled in Schedule “A”, provided he or she shall have worked the last hour of his or her scheduled work day prior to, or the first hour of his or her scheduled work day after the holiday.

6.4 “Holiday” as used in this Agreement means the day on which the holiday is observed, whether it is the day on which the holiday falls or another day designated for its observance.

-4-

Article 7

Discipline Procedure

7.1 In the administration of this Article, a basic principle shall be that discipline should be corrective in nature, rather than punitive. No employee may be disciplined or discharged except for just cause, such as, but not limited to insubordination, intoxication (drugs or alcohol), incompetence, failure to perform work as requested, violation of the terms of this Agreement, or failure to observe safety rules and regulations. Any such discipline or discharge shall be subject to the grievance procedure of this Agreement. 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 provisions of this

Agreement.

7.2 The Employer agrees to use progressive discipline. Discipline must be given in writing within ten (10) working days of the Employer’s knowledge of the offense.

After an eighteen (18) month period, copies of all warnings or disciplinary actions will not be utilized for disciplinary actions, if no similar offense occurs within that eighteen (18) month period; however, copies of all warnings or disciplinary actions will remain an employee’s personnel file.

7.3 The Shop Steward may be present at all disciplinary meetings of employees, upon the request of the employee.

Article 8

Representation

8.1 The Employer agrees to recognize Shop Stewards as appointed by the Union. There shall be one (1) Steward per shift who shall have super seniority for the purposes of layoff and recall. 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. Stewards will be compensated for time spent investigating grievances up to a maximum of two

-5-

(2) hours per week.

8.2 A duly authorized representative of the Union will be permitted to visit the premises of the Employer at reasonable times for the purpose of transacting business for the

Union and to ensure compliance with this Agreement, so long as there is no interruption in the work process. The Union Representative shall obtain prior approval from the Project Manager. All visits by the Union Representative are subject to the security provisions set forth by the Government. The Union

Representative shall notify the Project Manager or his designee when he is leaving the

Company’s operations.

Article 9

Union Security and Check-Off

9.1 The Employer shall notify the Union within forty-eight (48) hours of the name, address and occupation of all new or additional employees hired into the bargaining unit as well as all bargaining unit employees who have terminated employment. 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 this Article.

9.2 The Employer shall not in any manner discourage or attempt to influence any employee against joining or retaining membership in the Union. In considering persons for employment, promotion, or work assignment, no consideration shall be given as to race, creed, or national origin.

9.3 Employees covered by this Agreement at the time it becomes effective, and who are members of the Union at the time, shall be required, as a condition of continued employment to continue membership in the Union for the duration of this Agreement.

Employees covered by the Agreement who are not members of the Union at the time this Agreement becomes effective, shall be required, as a condition of continued employment, to become members of the Union at or within the thirty-first(31st) day following the beginning of their employment.

-6-

9.4 Employees hired, rehired, reinstated, or transferred into the bargaining unit after the effective date of this Agreement and covered by this Agreement, shall be required as a condition of continued employment, to become members of the Union at or within the thirty-first (31st) day following the beginning of their employment.

9.5 An employee who shall tender the initiation fee (if not already a member) and all periodic dues uniformly required as a condition of acquiring or retaining membership shall be deemed to have met the condition of employment requirement.

9.6 The Employer will check-off initiation fees, monthly dues and SEIU COPE contributions on the basis of individually signed voluntary check-off authorization cards in a form agreed to by the Employer and the Union. The Employer shall remit said initiation fees, dues and COPE contributions monthly to the Secretary-Treasurer of the Union.

9.7 Any employee whose membership is terminated by the Union by reason only of his failure to tender the periodic dues or initiation fees uniformly required as a condition of acquiring or retaining membership shall not be retained in the bargaining unit covered by this contract.

Article 10

Lay-Offs and Promotions

10.1 Preference shall be given to those already employed in the building in filling vacancies, and when a new position is created. Seniority shall prevail when more than one (1) qualified employee is considered. The determination of qualifications shall be at the sole and exclusive discretion of the Employer.

10.2 In cases of decreases in force, the Employer may lay-off employees in strict reverse order of seniority, within classification. The Employer agrees to notify the Union at the earliest date possible in the event of layoffs or anticipated layoffs. The Employer further agrees that all recalls shall be in order of seniority by classification. All

-7-employees laid off shall remain on the layoff list for up to six (6) months. However, if the employee fails to return to work after proper notice, that person will no longer be considered on the lay-off list.

10.3 Seniority is defined as continuous length of service since date of hire. The employee’s seniority shall be computed from the date of hire with the contractor, or building seniority whichever is greater.

Continuous length of service shall be broken and the employment relationship terminated by resignation, discharge for cause, absence exceeding a period for which permission has been granted, or absence exceeding twelve (12) months because of occupational injury.

Article 11

Miscellaneous

11.1 The Employer shall not lower any existing standards of wages or conditions of employment by reason of this Agreement. In the event of replacement of any employee or the hiring of additional employees, such new employees shall receive the wages then prevailing in the building for similar work.

11.2 The Company shall only be responsible to its employees for the conditions of employment which are specifically set forth in and covered by this Agreement. The

Company agrees not to enter into any other agreement or contract with his employees, individually or collectively, which in any way conflicts with terms and provisions of this Agreement. The Company may establish and enforce any reasonable Company rules which do not conflict with provisions of this Agreement. All such rules are to be posted before becoming effective and the Union is to be furnished with a copy of such rules. The reasonableness of said Company rules are subject to the Grievance and Arbitration Procedure of this Agreement.

11.3 The Employer shall comply with all applicable national laws.

-8-

11.4 Temporary Disability Leave of up to six months (6) shall be granted to employees with six (6) months or more of continuous service upon submission of evidence to the

Employer of medical documentation to justify such leave. By reason of such leave of absence, the employee shall not forfeit any accrued rights under this Agreement, but likewise the employee shall not accrue any rights during such leave.

11.5 An employee who is required to maintain or acquire a Government-issued security clearance or a Customer authorization to enter a Customer’s premises to perform their job responsibilities and is unable to obtain or loses such clearance or authorization will be subject to termination by the Company. Such termination shall not be subject to the grievance and arbitration provisions of this Agreement.

Article 12

Health and Welfare

12.1. The Employer agrees to make payments into a health trust fund, known as the

“Building Service 32BJ Health Fund,” payable when and how the Trustees determine, to provide health benefits to employees covered by this Agreement.

12.2. The Employer agrees to contribute the following amount per hour for each hour paid up to a maximum of forty (40) hours in a service week, for all employees covered by this Agreement:

10/1/09 10/1/10 10/1/11 10/1/12 $ 4.09 $ 2.80 $ 3.00 $ 3.20

12.3. By agreeing to make the required payments into the Funds, the Employer hereby adopts and shall be bound by the Agreement and Declaration of Trust as it may be amended and the rules and regulations adopted or hereafter adopted by the Trustees of each Fund in connection with the provision and administration of benefits and the collection of contributions. The Trustees of the Funds shall make such amendments to the Trust Agreements, and shall adopt such regulations as may be required to conform to applicable law.

-9-

12.4. New employees shall have a waiting period of thirty (30) days before becoming eligible to be participants in the Health Fund.

Article 13

Pension

13.1. Pension Benefits: The Employer agrees to provide all employees covered by this

Agreement with Pension Benefits under the Service Employees International Union

National Industry Pension Fund (hereinafter referred to as “Fund”).

13.2. Term: The Employer agrees to became, and remain, a participating Employer in the

Fund throughout the term of this Agreement.

13.3. Contributions: Effective October 1, 2009, the Employer agrees to contribute $0.50 per hour paid, up to a maximum of forty (40) hours in a service week, for all employees covered by this Agreement. Effective October 1, 2010, the Employer agrees to contribute $0.60 per hour paid, up to a maximum of forty (40) hours in a service week, for all employees covered by this Agreement. Effective October 1, 2011, the Employer agrees to contribute $0.70 per hour paid, up to a maximum of forty (40) hours in a service week, for all employees covered by this Agreement.

Effective October 1,2012, the Employer agrees to contribute $0.80 per hour paid, up to a maximum of forty (40) hours in a service week, for all employees covered by this

Agreement.

13.4. Trust Agreement: The Employer agrees to be bound by the provisions of the Service

Employees International Union National Pension Plan Trust Agreement and

Declaration of Trust (hereinafter “Trust Agreement”), as it may be amended from time to time, and designates the Employer members of the Board of Trustees, or their duly appointed successors, as its representatives on the Board.

-10-

Article 14

No Strike and No Lockout

14.1 The Employer agrees not to cause, permit, or engage in any lockout of its employees during the term of this Agreement. The Union agrees that neither it nor the employees it represents hereunder individually or collectively will, during the term of this

Agreement, cause, permit, or take part in any strike, picketing, sit-down, stand-in, slowdown, or curtailment or restriction of production or interference with work in or about the Employer’s plant or premises.

14.2 It is further agreed that the Employer may, for just cause shown, take disciplinary action, including discharge, against those employees who take part in any of the conducts prohibited in the above paragraph.

Article 15

Grievances and Arbitration

15.1 Definition: A grievance is defmed as a dispute, difference, disagreement or complaint between the parties related to wages, hours, and conditions of employment. A grievance shall include, but is not limited to, the complaint of an employee, Employer, or of the Union which involves the interpretation, application of, or compliance with the provisions of this Agreement. All reference to days in this Article shall mean

“working days”.

15.2 Procedure:

Step I: The Assistant Shop Steward or Chief Steward must discuss the grievance with the grievant’ s immediate supervisor, within five

(5) working days after the Union has knowledge or should have had knowledge of the incident or occurrence giving rise to the grievance, in order to initiate a grievance. The employee may accompany his Steward or Union Representative, if he so desires.

—11—

The supervisor shall render a decision, stating his reasons within twenty-four (24) hours of the initiation of the grievance.

Appeal -- The Union may appeal an adverse decision to Step II within ten (10) working days after receipt of the Employer’s decision. Such appeal shall be in writing to the Project Manager.

Step II: The employee shall be represented by the Chief Steward or Union

Representative. The Project Manager shall meet with the Steward or Union Representative as expeditiously as possible, but no later than five (5) working days after receipt of the appeal. A decision by the Employer shall be rendered within five (5) working days after the to Step II meeting. Such decision shall be in writing and the Union shall be entitled to an oral explanation of the reasons thereof.

Appeals from decisions rendered at Step II may be made in writing to the President of the Company within ten (10) working days.

Step III: The employee shall be represented before the Company’s Labor

Relations Representative by a Business Agent or officer of SEIU

Local 32BJ. A decision by the Employer regarding the grievance shall be in writing stating the reasons thereof within ten (10) working days.

The Union shall be entitled to appeal an adverse decision at Step

III to arbitration, by requesting arbitration in writing to the

Company’s Labor Relations Representative within ten (10) days after receipt of the decision at Step III.

- 12 -

Step IV: Arbitration: In the event that the Union elects to arbitrate the grievance, it shall be heard by an arbitrator to be designated by the

American Arbitration Association, under procedures set by them, whose decision shall be final and binding on all parties concerned.

Any compensation required to be paid to the arbitrator shall be borne equally by the parties. It is agreed that this clause applies solely to the Agreement and not to differences arising from negotiations of terms of a new Agreement.

Article 16

Jury Duty and Bereavement Leave

16.1 Jury Duty: An employee who is called for jury service shall be excused from work for the days on which he reports for service by order of the court, and he shall receive for each such day on which he shall otherwise have worked the difference between his straight time hourly rate of pay and the payment he receives from jury service to a maximum of five (5) days per contract year. The employee must notify Employer within forty eight (48) hours of receipt of jury notice.

16.2 Bereavement Leave: An employee who has a death in his immediate family, defined as his mother, father, (or legal guardian), spouse, son, daughter, brother, sister, grand children and grandparents and stepchildren, shall be paid to and including three (3) days regular pay for time missed within one (1) week of the funeral, upon presentation of a bona fide death certificate. An employee who has a death of a mother-in-law, father-in-law, niece or nephew, aunt or uncle shall be paid for one (1) day at regular pay for time missed within one (1) week of the funeral, upon presentation of a bona fide death certificate.

- 13 -

Article 17

Savings Clause

17.1 Should any court of proper jurisdiction decide any clause, section, or phrase of this

Agreement to be illegal or contrary to any law now in effect and affecting the District of

Columbia now or in the future, such decision shall not invalidate any remaining provisions of this Agreement.

Article 18

Sick Leave

18.1 Effective October 1, 2010, employees will be awarded ten (10) sick days on their anniversary date and every anniversary date thereafter. New employees will receive a block grant of sick leave upon hire; however, they will not be permitted to use sick leave until after they have completed their probationary period. Effective October 1, 2010, if the employee does not use the sick days he/she can accumulate them from year to year to a total of twenty-five (25) days.

Article 19

Wages

19.1 Employees shall be paid at the rates set forth in the wage scale contained in Schedule

“A”, effective as of the dates set forth therein.

Article 20

Union Rights

20.1 The Union shall have the right to confer with Union members and investigate working conditions, as long as there is no interference with the work process in accordance with Article 8.

20.2 There shall be no posting of literature except upon the authority of the officially designated representative of the Union and with the prior approval of the Company.

-14-

20.3 The employees shall have the right to inspect their personnel files, upon reasonable notice to the Employer.

Article 21

Unpaid Leave of Absence

21.1 Disability Leave: The Employer agrees to grant a medical leave of absence for up to twenty six (26) weeks for a non-occupational injury or illness. Extension on such leave may be granted by the Employer, but only in writing to the employee. The employee is required while on such leave to periodically report his/her medical progress and upon the Employer’s request submit appropriate medical documentation of his/her availability for work. Such requests from the Employer shall be at reasonable intervals.

21.2 Personal Leave: The Employer may grant an employee a personal leave of absence for up to sixty (60) calendar days. The leave must be approved by the Employer and the employee must return on the agreed upon date. Such leaves shall be approved in writing by the Employer.

21.3 The Employer shall grant a military leave of absence as required by Federal Law.

21.4 The Employer shall grant a parental leave of absence as required by District of

Columbia Law.

21.5 The Employer agrees that an employee will be allowed to return to work at the end of the leave period provided notice to the Employer has been given.

21.6 The Employer shall abide by the Federal Family and Medical Leave Act. Any violation either of the Federal Family and Medical Leave Act or of any State laws relating to family and medical leave shall be subject to the grievance and arbitration provisions of this Agreement. Any remedies provided for in those laws as well as any

- 15 -remedies applicable to any other violation of this Agreement shall be applicable to any violation of such laws.

Article 22

Health and Safety

22.1 The Employer agrees to provide a safe and healthful workplace for all employees and post MSDS sheets for all chemicals used.

22.2 The Employer agrees to provide all necessary and required training on the use of any hazardous materials.

Article 23

Duration of Agreement

24.1 This Agreement shall be in full force and effect from October 1, 2010 and remain in effect until September 30, 2013.

In Witness Whereof, the parties hereto have caused these presents to be executed by duly authorized officers and their seals to be herewith affixed and attested to on the 30th day of September 2010.

Service Employees International Union, LB & B Associates, Inc.

Local 32B

By By:

a erine Howell Louis C. Bricca

Title:•• Assistant District Director Title: Director — Labor Relations

Date: I / Date: I 0 / 2 fio

By:

Tthy ‘iisher

Title: Labor Relations Administrator

Date: /o 2-7 i

-16-

Schedule “A” Wages

Effective Effective Effective Effective Classification October 1, 2009 October 1, 2010 October 1, 2011 October 1, 2012 UtilityCleaner $16.4408 $ 18.08 $ 18.62 $ 19.18 Lead Utility

$17.1307 $ 18.77 $ 19.33 $ 19.91 Cleaner Landscaper $17.3965 $ 19.04 $ 19.61 $ 20.20

Employees designated by the Employer as Somat Operators shall be paid the following differentials above the Utility Cleaner rate currently in effect:

• Start - $0.25 above the rate

• After 6 Months - $0.75 above the rate

• After 18 Months - $1.50 above the rate

Employees designated by the Employer as Movers shall be paid the following differentials above the Utility Cleaner rate currently in effect:

• Start - $0.25 above the rate

• After 1St Year - $0.50 above the rate

Employees designated by the Employer as Drivers shall be paid the following differentials above the Utility Cleaner rate currently in effect:

• Start - $0.50 above the rate

• After 1St Year - $1.00 above the rate

- 17 -