J-0200000-02_CBA_2017-10411.pdf

REGISTER OF WAGE DETERMINATION UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT |EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary | WAGE AND HOUR DIVISION of Labor | WASHINGTON D.C. 20210 | Wage Determination No.: CBA-2017-10411 Diane Koplewski Division of | Revision No.: 0 Director Wage Determinations| Date Of Last Revision: 9/20/2017 State: Maryland

Area: Charles

Employed on NAVFAC WASHINGTON, 1314 HARWOOD STREET, SE BLDG 212, WASHINGTON, DC 20374-5018 contract for REGIONAL 8A JANITORIAL SERVICES FOR

NDW.

Collective Bargaining Agreement between contractor: LATIN AMERICAN SERVICES, and union:

TRANSPORTATION WORKERS UNION OF AMERICA, AFL CIO Local 525, effective 10/1/2014 through 9/30/2018 and amended on 9/12/2014.

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).

Page 1 of 1CBA WD

9/20/2017https://www.wdol.gov/DisplayT4CWD.aspx?WDNo=CBA-2017-10411

Agreement between

LATIN AMERICAN SERVICES INDIAN HEAD DIVISION, NAVAL SURFACE WARFARE

CENTER

AND

TRANSPORT WORKERS UNION OF AMERICA

LOCAL 525, AFL-CIO

EFFECTIVE October 1st, 2014

EXPIRATION: September 30th, 2018

Table of Contents

AGREEMENT

ARTICLE I PURPOSE OF AGREEMENT

ARTICLE II RECOGNITION

ARTICLE III MILITRY SERVICE

ARTICLE IV UNION MEMBERSHIP AND CHECK-OFF

ARTICLE V NON-DISCRIMINATION

ARTICLE VI MANAGEMENT’S RIGHTS

ARTICLE VII FUNERAL LEAVE

ARTICLE VIII HOLIDAYS

ARTICLE IX REPORTING TIME

ARTICLE X SENIORITY AND TRANSFERS

ARTICLE XI VACATIONS

ARTICLE XII SETTLEMENT OF DISPUTES

ARTICLE XIII ARBITRATION

ARTICLE XIV NO STRIKE-NO LOCKOUT

ARTICLE XV BULLETIN BOARDS

ARTICLE XVI SAVINGS CLAUSE

ARTICLE XVII JURY DUTY

ARTICLE XVIII WAGES

ARTICLE XIX WORK WEEK

ARTICLE XX OVERTIME COMPENSATION

ARTICLE XXI LEAVE OF ABSENCE

ARTICLE XXII WORK CLOTHING AND TOOLS

ARTICLE XXIII MEAL PERIODS

ARTICLE XXIV ABSENCE FROM DUTY

ARTICLE XXV SHIFT DIFFERENTIAL

ARTICLE XXVI LIFE INSURANCE AND HOSPITALIZATION

ARTICLE XXVII SICK LEAVE PROVISION

ARTICLE XXVIII RETIRMENT

ARTICLE XXIX SAFETY

ARTICLE XXX GOVERNMENT REQUIRMENTS

ADDENDUM “A” WAGE RATES

AGREEMENT

THIS AGREEMENT, entered into this 1st day of October, 2014, between LATIN AMERICAN SERVICES, its agents, assigns, and/or successors, (hereinafter referred to as the Company), and the

TRANSPORT WORKERS UNION OF AMERICA, AFL-CI0, GUIDED MISSILE LOCAL 525,

(hereinafter referred. to as the Union).

ARTICLE I PURPOSE OF AGREEMENT

The general purpose of this Agreement is to establish wages, hours and other conditions of employment to mutually promote to the fullest extent possible the safety and welfare of the employees, economy of operations, quality and quantity of productions, cleanliness of plant and protection of property. It is also the intent of this Agreement to promote and insure harmonious relations, cooperation, and understanding between the Company and its employees and to that end, the company pledges itself to render its employees fair, considerate and courteous treatment, and the employees in turn pledge themselves to render the company loyal and efficient service.

ARTICLE II RECOGNITION

The Company hereby recognized the Union as the exclusive bargaining agent for its employees in the bargaining unit described as: all maintenance employees employed by the employer at the Naval Ordnance Station, Indian Head, Maryland, excluding guards, supervisors, and managerial employees, as defined in the National Labor Relations Act, and further excluding external window washers.

ARTICLE III MILITRY SERVICE

An employee who is a member of the military or reserve will be granted all leave and other rights provided by law under USERRA (Uniformed Services Employment and Reemployment Rights Act).

ARTICLE IV UNION MEMBERSHIP AND CHECK-OFF

All employees covered by this Agreement shall thirty (30) days from the date of employment, or thirty

(30) days from the date of this Agreement, whichever is the later, as a condition of employment, pay initiation fees and membership dues uniformly required as a condition of acquiring or retaining membership, or alternatively a sum of money determined to constitute a representation fee as defined by the United States Supreme Court in NLRB v. General Motors Corporation, 373 U.S. 734 (1963); and Beck v. Communications Workers of America, 487 U.S. 735 (1988).

The Company will deduct and pay to the Union the regular amount of initiation fees and union membership dues established by the Union Constitution or By-Laws, or alternatively, the representation fee, from the pay of each employee covered by this Agreement who voluntarily authorizes and directs the company to make such deductions. Each such authorization shall be in writing in the form provided by the Union and shall be governed by the provisions thereof and of the National Labor Relations Act, as amended. The Union shall notify the Company in writing who the payee of checks for such deductions shall be, and the name and address of the person to whom such checks are to be sent. The Company shall be entitled to rely on such notices until receipt of a written modification thereof. The Company shall transmit to the union not later than the tenth (10th) day of each applicable month in which the deductions are made, a statement showing the name of each employee and the amount paid on his behalf. The written deduction authorization shall be provided by the Union.

The failure of any employee, at the required time, to become a member of the Union or, alternatively, pay a sum of money determined to constitute a representation fee, shall obligate the Company, upon written notice from the Union, to forthwith discharge such employee.

The Union shall indemnify the Company and save it harmless from any claim, loss, damage, cost or expense, including, but not limited to reasonable attorney fees, arising out of the discharge of any employee and/or deductions made pursuant to this Article, and the company shall not be required to make any investigation of, but shall e entitled to rely on any representation made by the Union with respect to the discharge of any employee for failure to join the union, to maintain union membership pursuant to this Article and/or deductions made pursuant to a check-off submitted to the Company by the Union pursuant to this Article, or for failure to pay representation fees. In the event it is determined by any proper judicial or quasi judicial forum that any employee was improperly discharged or a deduction (s) improperly made by the Company acting on the Union's advice, the Union will indemnify and hold the company harmless from claims, loss, damage, cost or expense, including but not limited to reasonable attorney fees.

ARTICLE V NON-DISCRIMINATION

It is agreed by the Company and the Union that there shall be no discrimination by the Company or the Union against any employee by reason of race, sex, creed, religion, color, age, disability, national origin, sexual orientation or other class protected by law, or because of involvement in or refraining from participating in union activities.

ARTICLE VI MANAGEMENT’S RIGHTS

The management of the Company's plant and the direction of its working forces, including, but not limited to, the rights to determine wheth.er the plant or any part thereof operates, to establish new jobs, abolish or change existing jobs, increase or decrease the number of jobs and employees, change materials, processes, products, equipment and operations, shall be vested exclusively in the Company. The Company shall be the sole judge of applicants of employment, their qualifications and physical fitness.

Subject to the provisions of this Agreement, the Company shall have the right to schedule and assign work to be performed and the right to hire or rehire employees, discipline or discharge for any cause not in violation of this Agreement, transfer or layoff of employees because of lack of work or other legitimate reasons. The Company reserves and retains in full and completely any and all management rights, prerogatives and privileges as specifically limited by this Agreement, or by applicable Federal, State, or local Laws.

ARTICLE VII FUNERAL LEAVE

Each employee shall be granted three (3) days off with pay to attend the funeral of a member of the employee's immediate family. Should such funeral take place more than 300 miles from the Naval Ordinance Station, the employee may have one (1) additional day off with pay, for the purpose of attending such funeral. Employees may request additional unpaid leave, and such leave will be granted at the sole discretion of the Company.

Immediate family includes spouse, parents, brother, sister, mother-in-law, father-in-law, grandparents and children. Any funeral leave shall not be paid during holidays, vacation, Saturday or Sunday. To be entitled to funeral pay, employees may be required to prove to the Company proof of death and proof of relationship.

The number of hours per day for which the employee shall be entitled to payment shall be equal to the number of hours per day for which the employee would otherwise have been scheduled to work.

ARTICLE VIII HOLIDAYS

SECTION 1. The following days shall be observed as paid holidays:

Washington's Birthday Christmas Day

New Year's Day Employee's Birthday

Memorial Day Labor Day

Independence Day Floating Holiday (Emp. Choice)

Columbus Day Martin L. King's Birthday

Veteran's Day Thanksgiving Day or any other day recognized by the Contracting Officer for which the Company is paid or reimbursed as a holiday.

SECTION 2. The Company agrees to arrange the work schedule for local and general election days so that all employees shall have an opportunity to vote.

SECTION 3. In order to be eligible for a holiday, employees in question must have worked the last scheduled working day immediately before and after the holiday, unless his absence is due to on the job injury, provable sickness or excused absence.

SECTION 4. Except for employees regularly scheduled for weekend and holiday work, an employee required to work on anyone of the holidays listed above shall be paid at one and one-halftimes their regular rate of pay for all hours worked on the holiday. This pay is in addition to the holiday pay above provided.

SECTION 5. If a holiday falls either on a Sunday or Saturday, the Company will observe the same substitute holiday observed by the Contracting Officer.

SECTJO.N 6. If a holiday falls on an employee's day off, the Company at its discretion will pay holiday pay for that day, or will direct the employee to observe the holiday on the day preceding or the day following the scheduled day off. If employee is on vacation, he will be given an additional day for the holiday.

ARTICLE IX REPORTING TIME

SECTION 1. Any employee required to report to work other than his/her regular schedule, and finding no work available to perform, shall receive four (4) hours pay at the applicable rate or his/her regular day's pay, whichever is less.

ARTICLE X SENIORITY AND TRANSFERS

SECTION 1. The employee's length of service shall be computed from the date on which he is hired by the Company, or his date of employment at the Naval Ordinance Station in a classification covered by this Agreement, whichever is longer. In case of promotion, transfers to jobs when a permanent vacancy occurs, seniority, ability, and qualifications shall be considered. The Company 'shall establish reasonable minimum qualifications which shall be applied to applicants equally.

SECTION 2. New employees regardless of classifications shall be considered on probation for a period of three (3) months or sixty (60) days actually worked from the date of hire, or until Governmental security cle3rance is received by the Employer for the individual involved, whichever is longer. If the Company finds that any probationary employee does not possess the necessary qualifications, the Company will be under no obligation to re-employ any employee who is discharged or laid off during this probation.ary period. Employees who are terminated during their probationary period for any reason may not challenge their dismissal through the Settlement of Disputes (Article XII) or Arbitration (Article XIII) provisions.

SECTION 3. If a reduction in force is necessary, the junior employee or employees in the classification performing the type of work being reduced will bump to positions held by less senior employees to the extent they are qualified to fill a new assignment or laid off.

SECTION 4. The Company will not hire new workers until all workers with seniority rights who have been laid off and who are qualified to do the available work have been offered employment as provided herein. The Company will provide a seniority list of all employees upon reasonable request.

SECTION 5. A worker shall lose his seniority rights for the following reasons: (1) he or she quits the job;

(2) he or she is discharged for cause; (3) he or she is laid off continuously for a period of sixty (60) months; (4) he or she fails to report to work when recalled from layoff within five (5) working days after recall; unless a satisfactory reason is given therefore (workers shall inform the Company in writing of any change of address if they want to be considered for reemployment); he or she is absent for five (5) working days, unless excused by the Company by reason of illness or other excused disability or other reasonable cause.

ARTICLE XI VACATIONS

All employees covered hereunder shall receive the following vacation benefits:

SECTION 1. Vacation is earned April of each year ("qualifying date"). There is no accrual or vesting of vacation prior to April of each year.

SECTION 2. Any vacation pay due to an employee shall be paid at the time said employees takes his/her vacation.

SECTION 3. All employees who have been continuously in the company's employ for a period of less than one (1) year but more than 6 months shall be entitled to one (1) day vacation with pay equivalent to their average non-overtime daily pay for the one (1) week next preceding their vacation, for each five (5) consecutive weeks of employment prior to qualifying date.

SECTION 4. All employees who have been continuously in the Company's employ for a period of one (1) year shall be entitled to two (2) weeks vacation with pay equivalent to their average non-overtime pay for the two (2) weeks next preceding their vacation.

SECTION 5. All employees who have been continuously in the Company's employ for a period of five

(5) years shall be entitled to three (3) weeks pay equivalent to their average non-overtime pay for the three (3) weeks next preceding their vacation.

SECTION 6. All employees who have been continuously in the Company's employ for a period of fifteen

(15) years shall be entitled to four (4) weeks vacation with pay equivalent to their average non-overtime pay for the four (4) weeks next preceding their vacation.

SECTION 7. All employees who have been continuously in the Company's employ for a period of twenty

(20) years shall be entitled to five (5) weeks vacation with pay equivalent to their average weekly non-overtime pay for the five (5) weeks next preceding their vacation.

SECTION 8. Vacation schedules shall be determined by the Company. Once the Company designates the particular weeks to be vacation weeks and the number of persons and particular classifications to be on vacation in those weeks, the employees may then vie for particular weeks on a basis of seniority.

SECTION 9. Notwithstanding that an employee is otherwise entitled to vacation and has qualified for same, he/she forfeits all vacation pay or privileges if prior to his/her taking vacation he/she quits without giving the Company one (1) weeks written notice of his/her intention to quit. All unused vacation shall be paid on or before the pay period covering March 31 of each year.

ARTICLE XII SETTLEMENT OF DISPUTES

SECTION 1. A grievance is defined as a dispute (including discharge), between the Company and its employees or between the Company and the Union over the application, interpretation or alleged violation of a provision of this Agreement, (except violations or alleged violations of Article XIV hereof).

SECTION 2 No employee or steward shall be permitted to leave the job for the purpose of investigating a grievance, unless he obtains permission from his Supervisor, which permission shall not be unreasonably withheld if it is felt by his Supervisor that the Steward's immediate intercession will cause the problem from becoming more serious.

SECTION 3 Should any employee have any grievance, an earnest effort shall be made to adjust such grievance immediately in the following manner:

Step 1. Within seven (7) days after the occurrence of the thing or event on account of which the employee shall feel aggrieved, the employee and/or his steward shall reduce the grievance to writing and serve a copy thereof upon the employee's shift supervisor.

Participating in Step 1, may be the aggrieved employee his steward and shift supervisor, or others deemed necessary by the Company or Union. If the employee and/or his steward do not serve a copy of the grievance within the seven (7) day period, or fail to meet any other deadline in this Article, the grievance will be deemed to have been waived.

If the supervisor does not respond to the grievance within seven (7) calendar days of being served with the grievance, the grievance will be deemed to have been denied.

In the event a settlement is reached in Step 1, it shall be reduced to writing and signed by the parties.

Step 2. Within seven (7) calendar days after the denial of the grievance at Step 1 or within seven

(7) calendar days after the date on which the supervisor's response was due, the employee and/or his steward may present the written grievance to the project manager. If the employee and/or his steward do not timely serve a copy of the grievance, the grievance shall he deemed to have been waived.

The project manager will hold a meeting within seven (7) calendar days after being served with the grievance. Those participating in the meeting may be the same as in Step 1, and in addition thereto, the Union President or his/her designee, International Representative and the Project Manager or other Company Representatives. In the event a settlement is reached in Step 2, it shall be reduced to writing and signed by the Parties.

If the grievance is denied at the meeting or if the meeting does not take place, the grievance can be pursued to Arbitration under Article XIII.

SECTION 4. An accredited International Representative of the Union who believes that any provision of this Agreement has not been or is not being properly applied or interpreted, and which has not yet become the subject of an actual grievance, shall have the right within seven (7) days after such alleged occurrence to protest such violation in writing to the other party, who shall evaluate such protest and render a decision in writing within fifteen (15) days. Should the protest not be served within said seven (7) day period, the grievance shall be deemed waived, or should the Company official not respond within fifteen

(15) days, the grievance shall be deemed denied.

SECTION 5. Any agreement to extend any of the time limits set forth in this Article must be in writing.

ARTICLE XIII ARBITRATION

SECTION 1. If adjustment satisfactory to the aggrieved employee or employees has not been reached in the Steps set forth in Article XII, the Union may request arbitration by serving written notice on the Company within five (5) calendar days (120 hours) after the date of and time, as set forth in Article XII for the final meeting described in Step 2 or the response provided in Section 4.

SECTION 2. (a) If the parties are unable to mutually agree on an impartial arbitrator within ten (10) days of the service of written notice of intention to arbitrate, either party may request the Federal Mediation and Conciliation Service to submit to it a panel of five (5) arbitrators. The Union shall strike the first name, notifying the Company of such action, and each party in turn then striking one name until only one name remains who shall be designated as the impartial arbitrator.

(b) It is agreed that the procedures herein provided for settling disputes by arbitration shall be used to the exclusion of any other means available to the parties who execute this Agreement, it being understood that all arbitration decisions rendered under the terms of this contract are final and binding on both parties an fully enforceable in any court of competent jurisdiction. Any rights or remedies otherwise available to the parties to this contract are hereby expressly waived.

(c) The arbitrator shall not have the power to add to or to subtract from this Agreement by his interpretation thereof. The Arbitrator shall not be able to address the merits of the grievance if the grievance was waived in Article XII.

(d) The cost of arbitration shall be borne equally by the parties.

(e) The following managerial prerogatives are not subject to arbitration; all management rights and prerogatives reserved to management by Article VI of this contract, and violations of Article XIV hereof, and the dismissal of probationary employees.

SECTION 3. Any agreement to extend any of the time limits set forth in this Article must be in writing.

ARTICLE XIV NO STRIKE-NO LOCKOUT

The Employer agrees not to cause, permit, or engage in any lockout of any employee or group of employees during the term of this Agreement. The Union agrees that neither it, nor the employees it represents, covered by this Agreement will, during the term of this Agreement, cause, permit, or take part in any strike, including sympathy strike, picketing, slow-down, sit-down or other work action. It shall be a violation of this Agreement, and it shall be cause for discharge if an employee engages in any such activity.

ARTICLE XV BULLETIN BOARDS

SECTION 1. Subject to government permission, the Company agrees to place a bulletin board in a conspicuous place in the office of the Company for use of the Union in posting union notices relating to union meetings, elections, social, recreational and educational activities.

ARTICLE XVI SAVINGS CLAUSE

SECTION 1. It is agreed that this instrument contains the full and complete agreement between the Company and the Union. Any modifications or amendments shall be void and of no force and effect unless reduced to writing and approved by Signatories hereto or their successors, administrators, executors, and assigns. If any part of this agreement is rendered or declared invalid by reason of any existing or subsequently enacted legislation, valid Government regulation or order, or by decree of a court of competent jurisdictions, the invalidation of such parts of this Agreement shall not affect the remaining parts thereof and shall continue in full force and effect.

ARTICLE XVII JURY DUTY

Employees who serve as jurors shall receive, for each such day on which they would otherwise have worked their regular straight time rate less the fee received for jury services. An employee who is called to jury duty must provide proof of service and payment from the court.

ARTICLE XVIII WAGES

The schedule of wages herein shall be those set forth in Addendum "A" attached hereto and made part thereof.

ARTICLE XIX WORK WEEK

SECTION 1. The work day shall consist of twenty-four (24) hour period beginning at 8:00 AM and a regular day's work shall consist of eight (8) hours, exclusive of meal periods.

SECTION 2. The normal work week shall consist of seven (7) consecutive days beginning at 8:00 AM on Friday and the regular weekly work schedule will consist of five (5) working days of eight (8) hours each, exclusive of meal periods, in his/her work week. Pay periods shall be no less then semi-monthly.

SECTION 3. Each employee shall be scheduled so as normally to be off duty the last two (2) consecutive days of his/her work week.

SECTION 4. When employees hereunder work more than eight (8) hours in any twenty-four (24) hour period as a result of rotation of shifts, such employees shall receive only straight time for the second eight

(8) hours or portion thereof worked during such twenty-four (24) hour period.

SECTION 5. Changes in hours or assignments to shifts may be made whenever necessary. Whenever possible, five (5) days notice shall be given in advance of such changes.

SECTION 6. In the establishment or changing of the starting time for the commencement of shifts, the Company shall consider among other items, the desires of the employees involved.

SECTION 7: A minimum of seven (7) employees must be on the normal full time work schedule of eight

(8) hours per day and 40 hours per week. If government staffing requirements change to an extent that renders this not possible, the Company and the Union agree to meet as soon as possible to rectify the situation. If agreement is not reached, the Company may make the required changes and the Union may grieve whether the government staffing changes require fewer than seven (7) full time employees. The parties agree to exercise best efforts to bring any dispute that cannot be resolved absent arbitration to an arbitrator as expeditiously as possible. Any grievance~ settlement or arbitration award shall have only prospective application and the arbitrator shall not have the authority to award back pay.

The Company will make reasonable efforts to arrange schedules to provide as many employees as practical with full time hours. All schedules shall be offered by seniority with the senior qualified employee selecting their desired hours per week and proceeding until the least senior employee takes the last remaining schedule.

SECTION 8: When practicable and at the Company's discretion, the Company shall permit an employee to take one (1) 10 minute break per day.

ARTICLE XX OVERTIME COMPENSATION

SECTION 1. No overtime shall be compensated for unless work is performed at the direction of a Supervisor.

SECTION 2. Time worked in excess of eight (8) hours on any work day, exclusive of meal periods, or time worked in excess of forty (40) hours in any work week, exclusive of meal periods and daily overtime, shall be considered overtime, and shall be paid at the rate of time and one-half with a minimum of one (1) hour overtime. Shift differentials shall not be computed in the calculation of overtime rates and overtime shall not be pyramided.

SECTION 3. Overtime work shall be distributed among the employees qualified to perform the work necessitating overtime as equitably as practicable.

SECTION 4. An employee working overtime shall not be required to work more than two (2) hours continuously after the regular work period without being paid a meal allowance of two dollars ($2.00) and if feasible the employee shall be given a meal period.

SECTION 5. The Company will make every reasonable effort consistent with its operating requirements to give affected employees two (2) hours notice when overtime work is required.

SECTION 6. Any employee notified by the Company to report for work on a day on which a hurricane occurs or is forecast, shall receive a minimum of four (4) hours pay if he reports for work; radio, television or internet notification given by the Company or the government at least two (2) hours prior to the regular starting time of their shift not to report shall be presumed conclusively to have been received by all employees affected by such notice who thereafter reports shall not be entitled to pay therefore.

SECTION 7. When employees hereunder work more than eight (8) hours in any twenty-four (24) hour period as a result of rotation of shifts, such employees shall receive only straight time for the second eight

(8) hour shift.

ARTICLE XXI LEAVE OF ABSENCE

SECTION 1. Unless otherwise required by law, a leave of absence may be granted at the discretion of the Company. Upon approval of the Company, a leave of absence up to ninety (90) days maybe granted an employee. During such leave the employee's seniority shall accumulate.

SECTION 2. If such leave under Section 1 above is extended by the Company, the employee will retain, but will not accrue seniority, except that seniority shall continue to accrue on leave for union business. An employee accepting gainful employment while on leave of absence, except as specifically approved in writing by the Company, automatically terminates employment with the Company.

SECTION 3. All provisions of this Article shall be applied in the manner consistent with Family and Medical Leave Act of 1993. Eligible employees will be granted up to twelve (12) weeks of unpaid leave for their own serious illn.ess, for the birth or adoption of a child, or the care of a seriously ill child, spouse or parent. To be eligible, the employee must have been employed for one (1) year and worked a minimum of 1,250 hours in the preceding twelve (12) months. Information concerning leave under the FMLA, as well as additional requirements, is available from the Project Manager or the Director of Human Resources. Seniority will continue to accrue during any such leave of absence.

SECTION 4. Time spent on leave of absence shall not count for vacation, sick leave or pay review.

SECTION 5. Employees given leave of absence and assigned to affiliate or subsidiary companies shall retain seniority accrued in classifications under this Agreement for the duration of such assignments if within thirty (30) days of the termination of such assignments, they apply for reinstatement with the Company.

SECTION 6. Notwithstanding the other provisions of this Agreement, time spent on leave of absence occasioned by an industrial illness or industrial injury, shall not affect the employee's wage review period to the extent that such wage review is automatic. This understanding shall not constitute a waiver of other established requirements for purposes of classification. Time spent on medical leave of absence shall be considered length of service for the purpose of determining au employee's eligibility for vacation under Article XI.

ARTICLE XXII WORK CLOTHING AND TOOLS

SECTION 1. Employees may be required to wear work clothing that is reasonably suitable and safe for the type of work they are assigned.

SECTION 2. Where employees are required by the Company to wear standard company coveralls or specialized work clothing, such clothing shall be furnished by the Company and laundered by the employee.

ARTICLE XXIII MEAL PERIODS

SECTION 1. Meal periods shall be unpaid and shall not be less than thirty (30) minutes, or more than one

(1) hour as designated by the Company, except when varied by Agreement between the parties.

SECTION 2. Meal periods shall be scheduled not earlier than three (3) hours after commencement of work and not later than five (5) hours after commencement of work.

ARTICLE XXIV ABSENCE FROM DUTY

SECTION 1. An employee hereunder shall not be absent from duty without prior permission in writing, except for reason of sickness, injury or justifiable cause beyond the control of the employee.

SECTION 2. An employee hereunder who is prevented from reporting for duty by reason of sickness, injury or other justifiable cause beyond the control of the employee, shall promptly notify the Company office of his/her inability to report for work two hours before his/her shift starts, giving the reason for his/her absence. Such notice will not be considered if given past the employee's regularly scheduled starting time, except when prevented by unforeseen circumstances or personal emergency. In the event of continued absence, weekly (or more frequently if reasonably requested by the Company) notice thereof shall be given to the Company. Failure to provide required notice will result in disciplinary action and in the forfeiture of sick leave in an amount equal to the time the employee was absent. Upon reasonable request, the Company reserves the right to require a physician's statement for absence of any period of time due to illness or injury and/or to require the employee to be examined by a Company-appointed physician at the Company's expense. An employee who does not, upon reasonable request, provide medical certification that he/she is able to return to work, if required or requested under this Article, will not be permitted to return to work.

ARTICLE XXV SHIFT DIFFERENTIAL

SECTION 1. An employee assigned to a shift that begins at or after 3:00 PM and before 6:00 AM shall receive a shift differential of twenty-cents ($.20) per hour.

SECTION 2. An employee shall receive the shift differential applicable to the shift to which he is regularly assigned for all work performed while he is so assigned, including overtime.

ARTICLE XXVI LIFE INSURANCE AND HOSPITALIZATION

Effective October 1, 2014, the Company agrees to contribute five dollars and sixty two cents ($5.62) per compensated hour per employee into the TWU Health and Welfare Fund. Effective October 1, 2015, the Company agrees to contribute ($5.62) per compensated hour per employee into the TWU Health & Welfare Fund. Effective October 1, 2016, the Company agrees to contribute ($5.62) per compensated hour per employee into the TWU Health and Welfare Fund. Effective October 1, 2017, the Company agrees to contribute ($5.62) per compensated hour per employee into the TWU Health and Welfare Fund.

Employees have the option of obtaining family coverage by contributing the difference between the above hourly contribution and the amount required for family coverage, through a payroll deduction. Open season for making this election will be during the month of October of each year, and an employee will not be able to change its election at any other time during the year. All new employees will be able to make an election upon hiring.

ARTICLE XXVII SICK LEAVE PROVISION

SECTION 1. Full time employees (40 hours or more a week) who have completed their probation.ary period shall accrue one (1) day of sick leave for each month of service from the date of hire. Part time employees will accrue sick leave on a pro rata basis.

SECTION 2. The employees and the Union recognize their obligation to prevent unnecessary absence or any other abuse of the sick leave privilege. Sick leave shall be used when an employee is unable to perform the functions of his position because of illness or injury, or as otherwise provided for under the

FMLA.

SECTION 3. An employee who will be absent due to illness or injury must provide the Company with notice of his/her anticipated absence two (2) hours before the start of shift, regardless of the length of the anticipated absence.

SECTION 4. Upon termination, each employee shall be paid in one lump sum all of his/her unused sick leave provided that in the event of a voluntary quit, the employees gives the Company one (1) weeks written notice of his /her intention to quit.

SECTION 5. If applicable under the Service Contract Act, any successor on a follow up contract shall be liable and responsible for all unused accrued sick leave liability.

SECTION 6. Employees may carry-over up to 6 (six) accrued but unused sick days per year. Accrued but unused six days in excess of this amount shall be paid on or before the employee's anniversary date. All unused sick leave and/or earned vacation must be used before an employee will be permitted to use unpaid leave for any reason."

SECTION 7. Employees my utilize sick leave to supplement their work day for hours missed due to scheduled Doctor’s appointments. Proof of appointments may be required by the Company.

ARTICLE XXVIII RETIRMENT

SECTION 1. The Company agrees to pay on behalf of each employee an amount as outlined in Addendum "A" per compensated hour into a money accumulation pension fund which will provide for purchase of a guaranteed annuity. The plan will provide immediate vesting provisions. Monies can only be withdrawn upon termination or retirement.

ARTICLE XXIX SAFETY

SECTION 1. The Company and the Union agree that work safety is important. In the event an employee has safety concerns, the employee may bring them to the Company and such concerns will be given prompt consideration.

SECTION 2. Employees, who work in hazardous areas as recognized by the Navy, shall receive fifteen cents ($.15) per hour above their hourly rate of pay.

ARTICLE XXX GOVERNMENT REQUIRMENTS

SECTION 1. The Union agrees to cooperate with the Company in all matters required by the Government, and the Union recognizes that the term and conditions of the Agreement are subject to certain priorities which the Government may exercise. The Union agrees that any actions taken by the Company pursuant to a requirement of the Government or at the direction of the Government shall not constitute a breach of this Agreement. Nothing in this Agreement shall be construed to prevent institution of any change prior to discussion with the Union where immediate change is required by the Government.

The company will, however, negotiate with the Union concerning the effects of any such change.

SECTION 2. lf the Government directs that a specific employee be removed from the contract or otherwise disciplined or reassigned, any such action directed may be undertaken by the Company and shall not be subject to the grievance or arbitration procedures of this Agreement. In the event that the Government expressly directs the removal, discipline or reassignment of a contract employee, the Company agrees to cooperate with the Union by providing it with all relevant information.

SECTION 3. It is recognized and acknowledged that the work performed under this Agreement is being performed at a Government military center, and it is therefore essential and expected that all employees will act in a manner appropriate to such an environment. It is further recognized and acknowledged that the Government imposes specific requirements concerning the manner in which the work under this Agreement is to be performed, and it is essential and expected that all employees comply with such requirements.

Artiele XXXl

This agreement shall be effective October 1st, 2014 and shall remain in full force and effect until September, 301 h, 20 18.

Transport Workers Union of America

Local525, AF~-{;I~ir=7···· ..

A> ; j

Kevin P.

President, Local 525

Latin American Services

Patricia Vinueza, President

Addendum “A” (Proposed Wage Scale)

10/1/14 ‐ 2.5% 10/1/15 ‐ 2.5% 10/1/16 ‐ 2.5% 10/1/17 ‐ 2.5%

Custodian $15.89 $16.28 $16.68 $17.09

Lead $16.60 $17.01 $17.43 $17.86

Drivers* $15.14 $15.51 $15.89 $16.28

Pension $1.31 $1.31 $1.31 $1.31

Stripping Crews (Strippers, waxer’s or buffers shall be paid and additional $.25 per hour about the applicable wage rates in Addendum “A”.

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