CBA 2019 13030 REV1 20JULY2023.pdf

AGREEMENT

BETWEEN

ADVANCE MANAGEMENT INC. (AMI)

AND

LOCAL UNION 1260

INTERNATIONAL BROTHERHOOD OF ELECTRICAL

WORKERS

April 1, 2023 March 31, 2027

Table of Contents

AGREEMENT PREAMBLE

AGREEMENT TERM

ARTICLE I- RECOGNITION

ARTICLE II NON-DISCRIMINATION

ARTICLE III MANAGEMENT RIGHTS

ARTICLE IV UNION ACCESS TO OPERATIONS

ARTICLE V GRIEVANCE PROCEDURE

ARTICLE VI ARBITRATION PROCEDURE

ARTICLE VII NO STRIKE/NO LOCKOUT

ARTICLE VIII BULLETIN BOARDS

ARTICLE IX BARGAINING UNIT WORK

ARTICLE X - SENIORITY

ARTICLE XI TEMPORARY ASSIGNMENTS AND BUSINESS TRAVEL

ARTICLE XII FILLING OF VACANCIES

ARTICLE XIII HOURS OF WORK

ARTICLE XIV OVERTIME

ARTICLE XV -LEAVE OF ABSENCE

ARTICLE XVI UNION SECURITY

ARTICLE XVII CHECK OFF

ARTICLE XVIII SHOP STEWARDS

ARTICLE XIX SUCCESSORS AND ASSIGNS

ARTICLE XX COMPANY POLICIES

ARTICLE XXI WAGES

ARTICLE XXII HOLIDAYS

ARTICLE XXIII PAID TIME OFF (PTO)

ARTICLE XXIV JURY DUTY

ARTICLE XXV BEREAVEMENT LEAVE

ARTICLE XXVI ILLNESS

ARTICLE XXVII INSURANCE

ARTICLE XXVIII- SAVINGS/RETIREMENT PLAN

ARTICLE XXIX UNIFORMS

ARTICLE XXX MISCELLANEOUS

ARTICLE XXXI TERM AND NOTICE OF CHANGE OR TERMINATION

AGREEMENT PREAMBLE

This Agreement made and entered into this April 1, 2023 to be effective through March 31, 2027 by and between Advance Management Inc. (AMI) (hereinafter referred to as the Company) and Local Union 1260 of the International Brotherhood of Electrical Workers (hereinafter jointly and severally referred to as the Union).

The Parties have entered into the Agreement for the purpose of setting forth, in writing, the understandings they have reached with respect to wages, work hours, and working conditions of the employees covered hereby, as well as to the rights of the Company and the Union, and to provide a peaceful means for the settlement of any disputes, which may arise with respect to the interpretation or application of their understandings and agreements set forth herein.

For purposes of simplicity, the masculine gender is used throughout this agreement although it is understood that all reference to gender include both sexes. When referenced, the Company Representative or Labor Relations Representative or Human Resources Manager shall be the same person the Company Human Resources/Labor Relations Manager.

AGREEMENT TERM

This agreement shall be effective as of April 1, 2023 and shall continue in full force and effect for four (4) years without reopening rights for any purpose by either party. This agreement shall automatically renew itself from year to year unless written notice of a desire to terminate (or modify) the Agreement is given and agreed to by either party at least sixty (60) calendar days prior to March 31 of any year included in this contract. If such written notice of desire to terminate (or modify) is given, the parties may nevertheless mutually agree in writing to extend this Agreement for a specified length of time beyond the expiration date.

ARTICLE I- RECOGNITION

Section 1. The Company hereby recognizes the Union as the sole and exclusive bargaining representative for all hourly non-exempt (Service Contract Act) personnel certified under the NLRB, excluding confidential employees, managers, professional employees, and supervisors located on all Guam Military Facilities. It is agreed and understood in the application of Article I, Section I, the jurisdiction of the Union will cover all non-exempt AMI employees assigned to the NAVFAC Janitorial and Custodial Services contract on Guam Military bases.

Section 2. Nothing in this agreement shall be construed as waiving any rights or protection granted to the employees, the Company or the Union under any applicable federal or territorial law. It is understood and agreed that if any part of this Agreement shall be construed by any court or tribunal of competent jurisdiction or as a result of arbitration pursuant to the grievance procedure hereunder, to be in conflict with any law or executive order, then such part shall, to that extent, be deemed to be null and void from the date hereof without, however, affecting the balance of this Agreement. At the request of either the Company or the Union, the parties will meet within thirty days of such change to discuss any issues arising from said legal requirement.

ARTICLE II NON-DISCRIMINATION

This Agreement shall be fairly and shall not in any way be used to discriminate against employees on account of race, color, religious affiliation, sex, age, national origin, veteran or disability status.

It is understood that wherever in this Agreement employees or jobs are referred to in the masculine gender, they shall be recognized as referring to both genders.

The Company agrees not to interfere with the rights of its employees to become members of the Union, and there shall be no discrimination, interference, restraint, or coercion by the Company or any of its agents against any employee because of Union membership or because of acting as an officer of or in any other bona fide activity on behalf of the Union.

ARTICLE III MANAGEMENT RIGHTS

Section 1. The Company retains, solely and exclusively, all the rights, powers and authority exercised or possessed by it prior to the execution of this Agreement and shall have the exclusive right to exercise said rights, powers and authority in the management of its contract and the direction of the work force, except as otherwise specifically provided in this Agreement. Said rights include, the right to employ, assign, transfer, promote, reclassify, layoff, discipline, and discharge employees for just cause; to number of hours to be worked; including the quality and quantity of output and the work methods for achieving the same; to establish standards of performance and to maintain the efficiency of employees; to create, modify, combine or abolish job classifications, departments and groups in whole or in part; to determine work schedules, starting and stopping times, and overtime; to promulgate and enforce reasonable work rules, policies and standards; to close or relocate its operations and facilities in whole or in part; to make technological changes as it deems appropriate;

and to take such other methods as management may determine to be necessary for the orderly, efficient and economical operation of its business.

Section 2. The Union shall be promptly and formally (in writing) notified at least two weeks prior to the enforcement of new work rules or changes in existing work rules unless there is an exigent requirement.

Section 3. The foregoing enumeratio rights shall not be deemed to exclude other preexisting rights, which do not conflict with the provisions of this Agreement, and nothing in this article shall be deemed to limit the Company in the exercise of customary and recognized functions and prerogatives of management.

ARTICLE IV UNION ACCESS TO OPERATIONS

Section 1. It is understood that the facilities AMI is servicing are within Federal DOD controlled areas. It is further understood that AMI has no authority to authorize anyone other than its own employees to access these facilities. The Company agrees that the Union Business Representative (hereinafter referred to as the Business Representative) will be allowed to visit employees while

-to-interfere basis, for the sole purpose of investigating specific grievances or complaints related to the provisions of this Agreement, appointment must be obtained from the Government and AMI Human Resources/Labor Relations Manager or designee if required when he/she

Section 2. The Company, if it desires, may have a Company representative accompany the business representative or his/her designee while he/she is visiting its operations.

ARTICLE V GRIEVANCE PROCEDURE

Section 1.

Company and the Union (or represented employees) with respect to the interpretation or application of any specific provision of this agreement. Both parties agree to use their best efforts, including formal meetings involving management, supervision, Shop Steward(s), and the grievant, to resolve matters without resorting to the grievance procedure except that any such meetings shall not extend the time limits set forth in this Article. In the event, such informal methods do not resolve the grievances shall be reduced to writing and processed in accordance with the following steps

Section 2. All grievances beyond Step 1 involving employee claims shall be in writing and shall be signed by the employee or all employees, or through a representative of the Union acting on behalf of the employee or employees, claiming rights thereunder. Such grievances must state the facts, identify the appropriate article and state the remedy requested. In an effort to adjust employee grievances by mutual agreement, they shall be presented in the following order and within the following time limits:

Step 1: The employee(s), with or without their steward, or through a representative of the Union acting on behalf of the employee or employees, shall bring a grievance to their supervisor within thirty (30) business days following the discovery of the event giving rise to the grievance.

Should an employee be unavoidably absent due to illness or injury, or unavailable due to vacation or other approved reason(s), the 30-day period shall be tolled for such time that the employee(s) is absent. If such grievance is not satisfactorily resolved within five (5) business days from the date of such notice under Step 1, then employee(s) may proceed to Step 2.

Step 2: If the grievance is not resolved to satisfaction of the employee under Step 1, with or without their steward, or through a representative of the Union acting on behalf of the employee or employees shall, within ten (10) business days, submit a written grievance citing the alleged violated article or section and the requested remedy, as well as facts supporting the grievance, to the Manager or his/her designee. The Company shall serve a response/opposition in writing to the grievance no later than ten (10) business days from the date petitioner serves its written grievance.

ate the facts for which the response/opposition is based as well as any authorities relied upon, if any. An in-person meeting shall be scheduled to occur no later than the tenth (10th n to the grievance (Step 2 meeting). If the grievance is not resolved at the Step 2 meeting to the satisfaction of the Union or its represented employee, the grievance may proceed to Step 3.

Step 3: Where the grievance is not resolved in Step 2, employee(s), with or without steward, or through a representative of the Union acting on behalf of the employee or employees, may within ten (10) business days from the Step 2 meeting, serve written notice of the grievance to the

AMI Human Resources/Labor Relations Manager. The Company shall serve a response/opposition in writing to the grievance no later than ten (10) business days from the date the response/opposition is based as well as any authorities relied upon, if any. An in-person meeting shall be scheduled to occur no later than the tenth (10) business day following the rievance is not resolved at the Step 3 meeting to the satisfaction of the Union or its represented employee, Section 3. Any aggrieved employee and his Union representative shall have the right to be present at any stage of the grievance procedure in which the grievance is being considered. No employee may leave the job, take up, or settle a grievance without requesting permission from his immediate supervisor. Such permission, which shall not be unreasonably withheld, will usually be granted provided it does not retard or interfere with operations, customer commitments or create a hazardous condition. If permission cannot be granted, time limits will be waived until permission is granted. Witnesses called by either party may attend the grievance meeting at any step, subject to the same provisions outlined above.

Section 4. The company will grant the Union all reasonable and relevant requests to examine all documents, communications or things (e.g., time sheets and other records) that refer, relate to memorialize, or are pertaining to the computation of compensation of any individual or individuals whose pay is in dispute or any other relevant records pertaining to any other grievance of any kind.

Compensation will be paid by the Company for the reasonable time spent discussing or investigating grievances during normal work schedules, barring special circumstances. In no event will the cumulative time paid by the Company for Union Business for all employees involved exceed 40 hours per week per grievance case. Under exceptional circumstances, additional time may be granted by the Company.

Section 5. It is understood that the time limits specified herein may be extended by mutual agreement in writing of the parties hereto.

Section 6. Nothing in this Agreement precludes the Union Shop Steward or Business Representative from filing a grievance on behalf of an employee in the event of unusual or unforeseen circumstances.

Section 7. A final decision by a duly empowered arbitrator or court of competent jurisdiction made with respect to any grievances shall apply to that grievance only and shall become neither a binding precedent in the case of other grievances nor a precedent, which shall bind the parties as an interpretation of the agreement.

Section 8. All settlements must be consistent with the terms and conditions of this Agreement.

ARTICLE VI ARBITRATION PROCEDURE

Section 1. The party choosing to arbitrate shall give written notice to the other party setting forth the matter to be arbitrated. If said notice is not served within the thirty (30) business day period specified in Step 3 of the Grievance Procedure (Article V), it shall be deemed that the grievance has been satisfactorily adjusted and/or the right to arbitrate waived.

Section 2. In the event the Union or the Company submits a grievance to arbitration, a representative selected by the Union shall meet with AMI Human Resources/Labor Relations Manager within seven (7) business days from the date such notice is sent to meet and confer on the selection of an Arbitrator. In the event the parties cannot agree on an arbitrator at the meeting with AMI Human Resources/Labor Relations Manage, within (5) business days following the meet and confer meeting, the parties shall submit the dispute to Pacific Arbitration and Mediation Services on Guam (PAMS). The parties shall request that PAMS submit a list of five (5) qualified arbitrators to preside over the dispute. The parties shall meet within five (5) days to select one of the arbitrators to select one of the arbitrators provided by PAMS. If an agreement cannot be reached, the arbitrator shall be determined by alternate preemptory strikes. The petitioner has the first right to strike a name; the other party shall then strike a name. This procedure shall continue alternately until one (1) name remains. The cost of the arbitrator shall be borne equally by the

Section 3. The decision of the arbitrator shall be final and binding on all parties. However, the arbitrator shall not have jurisdiction or authority to add to, subtract from, modify or in any way

Federal regulations, or law. The expense and fees of the arbitrator will be shared equally by the parties.

Section 4. An arbitrator may not review any matter, which is not a grievance alleging violation of a specific provision as written and expressed in this Agreement. Further, an arbitrator shall not review more than one grievance on the same hearing date or series of hearing dates except by mutual agreement between the parties.

Section 5. The employer or union shall be free to seek appropriate relief for any alleged violation of the No Strike/No Lockout provisions in a court of competent jurisdiction and shall not avail themselves of the grievance and arbitration provisions of this Agreement.

ARTICLE VII NO STRIKE/NO LOCKOUT

Section 1. The Union agrees that neither it nor any of the employees in the bargaining unit covered by this Agreement will collectively, concertedly, or individually engage in or participate directly or indirectly in any strike, slowdown or stoppage of work during the term of the Agreement and the Company agrees that during the term of this Agreement it will not lock out any of the employees covered by the Agreement.

Section 2. In the event of any violation of Section 1 of this Article, it shall be the duty and obligation of the Union, its officers, agents, or representatives (employee or non-employee) to immediately take all reasonable steps required to bring an end to such misconduct.

ARTICLE VIII BULLETIN BOARDS

The Company agrees to provide reasonable space for the posting of legitimate Union notices pertinent to the Union at the facility. Only notices concerning Union meetings, Union elections, results of Union elections, etc., will be posted. The Business Representative or his/her designee shall sign all such notices. The AMI Human Resources/Labor Relations Manager shall receive a copy of all Union postings.

ARTICLE IX BARGAINING UNIT WORK

Company employees in job classifications not covered by this Agreement shall not perform work normally performed by employees in the bargaining unit, except in cases of emergency, research work, audit, experimental, or work of a special nature, special training or employees from other unforeseen combination of circumstances.

ARTICLE X - SENIORITY

Section 1. Introductory Period: Any employee who has been in the employment of the Company for more than ninety (90) consecutive calendar days shall be considered a seniority employee of

- day introductory period, the employee may be subject to layoff, discipline, or discharge at the sole discretion of the company, and such action shall not be subject to the grievance procedure.

Section 2. Definitions:

a) Seniority is defined as including the whole span of continuous service (including predecessor contractors) in the performance of all work performed by the Company at military facilities on the island of Guam.

b) Seniority will not be broken for: 1) short periods of approved absence with leave, 2) periods of layoff due to lack of work, 3) periods of absence due to injury or illness. Periods of absence set forth in (2) and (3) shall not exceed 18 months. In the case of occupational injuries, continuous employment will be for the length of the disability or 24 months whichever is less.

c) Part-time employees are not eligible for any contractual seniority rights as specified.

d) When two or more employees are hired on the same day, the Company and Union will determine their order of purposes of layoff, recall and promotion based upon dependability, qualification and performance. It is understood that the Company and Union shall not act arbitrarily, whimsically, capriciously or otherwise abuse the rights entailed in this paragraph.

Section 3. Loss of Seniority: All seniority of any employee shall terminate if the employee:

a) Voluntarily resigns

b) Is discharged

c) Is on layoff status in excess of 18 months.

d) occupational injury

e) Fails to respond to recall or refuses recall rights or fails to report by the deadline established for reporting

Section 4. Seniority List: A seniority list will me maintained by the Company and will be made available to the Union upon request but no more frequently than monthly, reflecting not only seniority but also new-hires or rehires, their classification, their date of hire, and termination or layoff dates.

Section 5. Layoff: It is recognized that applying straight seniority in a layoff situation is not always practical; it may be necessary for the Company to deviate in order to retain or recall employees of exceptional qualifications or who may be considered essential because of the nature of the operations involved. It is understood that the Company shall not act arbitrarily, whimsically, capriciously or otherwise abuse the rights entailed in this paragraph.

The company shall notify affected employees of upcoming layoffs as soon as practicable with a ss than two weeks may be subject to the grievance procedure.

Section 6. Recall: Employees will be recalled in reverse order of layoff. In the application of this article, it is understood that within each annex the least senior employee in the same labor category shall be the first affected. The company will call the employee; if there is no answer after official address and copy the local Union office. The employee has five (5) working days to respond. Failure to respond shall be considered a refusal of recall. It shall be the responsibility of the employee to keep the company notified of their most current correct address and telephone number.

ARTICLE XI TEMPORARY ASSIGNMENTS AND BUSINESS TRAVEL

Section 1. Management will select candidates for temporary assignments based on the qualifications required to perform the tasks. The most senior qualified employee will be tasked to volunteer for temporary assignments. If no volunteers are available, management may require the lease senior qualified employee to take the temporary assignment.

Section 2. Employees who travel off island to perform work for the Company will be furnished transportation designated by the Company. Air travel will be on the carrier and routing designated by the Company. All air travel will be coach, economy, or tourist class.

Section 3. Employees who are required to travel will be paid up to a maximum of eight (8) hours of pay per day of travel, inclusive of stops and layovers, in accordance with the Company Travel Policy.

Section 4. Employees will be reimbursed for authorized/approved travel in accordance with the Company Travel Policy and standard operating procedures for expense reporting.

ARTICLE XII FILLING OF VACANCIES

Section 1. Hiring.

a) Internal Hires. The Company will award the job to the most qualified candidate, as determined by management. Consideration will be given to:

1) Internal candidates who meet minimum position qualifications.

2) Seniority and length of service.

3) Lateral and downward job applicants will be considered for position after applicants seeking promotions.

b) External Hires. The Company retains the discretion to utilize external sources to staff unit positions when qualified individuals do not respond to the job posting during the posting period or are found to be absent from the bargaining unit employees that respond to the job posting.

ARTICLE XIII HOURS OF WORK

Section 1. The purpose for this article is to define the normal hours of regular full time CBA employee as an employee who has successfully completed a ninety (90) day introductory period, works at least thirty-five (35) hours or more in a week, with at least one (1) day off, and maintains regular continuous employment status.

Section 2. The workday shall consist of twenty-four (24) consecutive hours beginning with the time the employee is normally scheduled to start work except for unpaid meal periods. The workweek shall consist of seven (7) consecutive twenty-four (24) periods beginning with the start management or exigent operational circumstances (such as contingency events).

Section 3. Determination of starting time and hours of work shall be made by the Company and such schedules may be changed from time to time to suit varying conditions of business. The

Employees shall be given a minimum of 8 hours verbal or written notice in advance of a change in scheduled shift.

Section 4. An employee who is scheduled and reports for work at the scheduled time without an attempt by the Company to notify them not to so report, shall be given two (2) hours of work of any type which is available, or if no such work is available, he/she shall be given two (2) hours pay at the applicable rate; provided, however, that if work is not available as a result of circumstances beyond the control of management, the Company shall not be so obligated.

Section 5. An employee who is called and reports back for work after he/she has completed his/her regularly assigned shift and departed from the premises shall receive a minimum of two (2) hours work or two (2) hours pay at the applicable rate. If that employee is not on the standby list, he/she will be compensated at one and one half (1.5) times his regular rate of pay.

Section 6. When an employee is not scheduled and is called and reports for work outside his scheduled workweek, he/she shall receive a minimum of two (2) hours work or two (2) hours pay at the applicable rate. If the employee opts to leave immediately after the work is completed, he/she will only be compensated for hours worked.

Section 7. It is the intent of the company and supervisors to notify affected employees of any type of schedule change with as much notice as possible.

ARTICLE XIV OVERTIME

When the Company determines that an employee must perform work on an overtime basis, the following shall apply:

Overtime will be paid at one and one-half (1 ½) times his regular rate of pay for all authorized hours worked in excess of forty (40) hours in his/her normal workweek.

ARTICLE XV -LEAVE OF ABSENCE

Section 1. Personal Leave. The Company may approve a leave of absence without pay (LWOP) or benefits for up to ninety (90) calendar days for special circumstances (personal reasons). LWOP must be requested in writing and approved by the Project Director, or his/her designee, via the not be approved. LWOP requests must be adequately justified, clearly stating the reason for the unpaid leave. Employees must request such leave at least ten (10) calendar days prior to the date the leave would commence, except in cases of emergency.

Section 2. Benefit Date Adjustment. An employee whose leave(s) of absence exceed(s) ninety

(90) calendar days in a benefit year or whose leave of absence continues from one benefit year to another shall have their benefit date adjusted to the number of work-days he/she was absent in excess of the ninety (90) calendar days, except for leaves resulting from occupational illness or injury, and leaves for union activities.

Section 3. Failure to Return to Work from Leave of Absence. Failure to return from a leave of absence on the first scheduled workday following the expiration date of said leave, will result in termination of the employee, except in rare extenuating circumstances involving reasons acceptable to the Company.

Section 4. Leave for Union Activities.

a) Union Employment An employee elected or selected to a full-time job in the Local Union, which takes him/her from his/her employment with the Company, shall upon written request to the Company, receive LWOP for a period up to three (3) years. Upon completion of his LWOP during the existence of this Agreement, he shall be reemployed, according to his seniority, in work generally similar to that which he did prior to his leaving, at the wage rates existing at the time of his/her return, provided such work is available for him according to his seniority, qualifications and ability to perform such work. Seniority shall accumulate during such leave of absence.

b) Other Union Leave Permission for occasional additional Union Business LWOP shall not be unreasonably withheld by the Company for Union Shop Stewards, Unit Officers, Executive Board Members, and Negotiating Committee Representatives for the negotiation and administration of this Agreement. Union Representatives may use paid time off for union leave.

Section 5. The Union and the Company will follow AMI General Policy and Procedures with regard to military leave of absence.

ARTICLE XVI UNION SECURITY

Section 1. Each current employee covered by this Agreement, and who is not a member of the Collective Bargaining Unit, immediately following thirty (30) days after execution of this Agreement, as a condition of continued employment, shall become a member of the Union. The Company will provide the employee with the required Union paperwork in compliance of this article. See ARTICLE I, Section 1. It is agreed that the paperwork will be provided by the Union to AMI and consists of such things as copy of the CBA, Life Insurance enrollment forms, and more.

Section 2. All other employees hired after the execution of the Agreement shall, immediately following thirty (30) after their date of hire, or effective date of this Agreement, whichever is later, become members of the Union as a condition of employment, provided that nothing herein shall be interpreted to cause a violation of the Labor Management Relations Act (LMRA), as amended, or any other applicable law, regulation, Executive Order or Federal Court Ruling.

Section 3. The Union agrees to consider for membership all present and future employees who apply for membership. If an applicant is denied membership by the Union, that applicant shall not be required to comply with the provisions of this section.

Section 4. All new employees covered by this agreement will be provided a copy of this CBA agreement on their date of hire by the Company.

ARTICLE XVII CHECK OFF

During the existence of the Agreement, the Company, in so far as permitted by Territorial and Federal law, shall deduct out of the current net earnings payable biweekly to an employee covered by the Agreement, applicable service fees or Union dues, initiation fees, and reinstatement fees, upon receipt of and in accordance with a deduction authorization, duly executed by the employee, on a card as agreed upon between the Company and the Union and shall continue deductions until such authorization is duly revoked by the employee. Such deductions shall be transmitted electronically in a timely matter with a deduction listing.

ARTICLE XVIII SHOP STEWARDS

Section 1. The Union will submit to the Company upon request, but no frequently than monthly, a list of accredited shop stewards who will be recognized by the Company as the people who represent employees and present grievances to supervisors. Shop Stewards may speak with an employee on Company time. The Union agrees that the time will be held to a minimum to avoid interference with company operations. There will be a total of one (1) steward and/or one (1) alternate per location (i.e., Naval Base Guam, Naval Hospital, NCTS, AAFB). The alternate will only perform duties as a steward when the primary steward is unavailable e.g, on leave, sick or similar.

Section 2. The Union and Company agree to hold monthly Shop Steward meetings for up to one hour per month. A Local Union Representative and the AMI Human Resources/Labor Relations Manager will attend and facilitate these meetings. The Company and Union agree that meetings may be held during normal work hours at the end of the workday. If there is a requirement for more than one hour in a month, the meeting(s) will be held after hours. Advance notice of meetings

Section 3. The Company will not pay overtime for Union Steward activities, unless approved by the HR Manager.

ARTICLE XIX SUCCESSORS AND ASSIGNS

This Agreement shall be binding upon and shall ensure to the parties hereto, their successors and assigns; but in the Company shall be released from all obligations under this Agreement.

ARTICLE XX COMPANY POLICIES

Union members will abide by the company policies as set forth in AMI General Policies and Procedures. If policy interpretation should conflict with CBA, the CBA will be the determining factor.

ARTICLE XXI WAGES

01/2023 12/28/2023 12/28/2024 12/28/2025 12/28/2026 Classification Initial

Wages 3% 3% 3% 3%

Janitor/Custodian $16.20 $16.69 $17.19 $17.71 $18.24

NOTE:

1) Lead Pay. Lead pay $1.50 above classification when management has requested and designated an hourly to perform in a lead duty/capacity or has been designated in charge.

Leaders are not required and will not participate in any or all disciplinary actions against hourly employees.

2) The Company shall provide to each employee, every pay period, a breakdown of information and his individual leave accounts and hours worked in the applicable pay categories.

ARTICLE XXII HOLIDAYS

Section 1. The Company will observe the following holidays with pay:

Labor Day Martin Luther King Jr. Day Columbus Day

Memorial Day Thanksgiving Day

Juneteenth Christmas Day Independence Day

NOTE: If contractually feasible, the st) in lieu of Columbus Day. Company will submit request to Contracting Officer for approval.

Section 2. All employees whose work schedules permit will be entitled to have the day off and shall receive their regularly scheduled straight time pay as holiday pay.

Section 3. When a recognized holiday falls on a Sunday, the following Monday will normally be observed as a holiday. When a recognized holiday falls on a Saturday, the preceding Friday will normally be observed as the holiday; however, if the Government observes a holiday on a day

il. An employee on personal leave on a day that paid holiday falls, shall not have his or her personal leave account debited for that eight (8) hour holiday.

Section 4. In case the Company required an employee to work on a designated holiday, the employee will receive the applicable holiday pay and, in addition, the work performed by such employee shall be paid for at one and one-half (1 ½) their regular rate.

Section 5. An employee, who has been notified at least twenty-four hours in advance to work on a holiday and who does not work without a valid excuse, shall receive no holiday pay for that day.

Advance notice may be less than twenty-four hours in case of an emergency.

Section 6. An employee must be in a Company paid status on the scheduled workday before and the scheduled workday after his designated holiday in order to receive holiday pay. Regularly-on a paid leave status, such as Leave Without Pay (LWOP), Short Term Disability, Family Medical Leave Act or Military Leave, will receive no holiday pay.

ARTICLE XXIII PAID TIME OFF (PTO)

Section 1. Allowances.

Company benefit date. Paid time off (PTO) will accrue on a per pay period basis as follows:

a) An employee with less than three (3) years of service will be awarded up to 15 days (3 weeks) of PTO annually.

b) An employee with three (3) years of service or more, will be awarded up to 25 days (5 weeks) of PTO annually.

Length of Service Annual PTO Pay-period Accrual Less than 3 years 15 days (3 weeks) 4.61 hours 3+ years 25 days (5 weeks) 7.69 hrs.

c) PTO accrual will begin upon date of hire.

d) PTO hours shall be earned, accrued, calculated, and awarded based on hours worked, every pay period

e) PTO benefits will not be computed on overtime hours.

f) PTO is an employee benefit, which may be used for vacations, sick leave, time off for personal chores, respite from the rigors of work, etc.

g) The company has the option to pay out unused PTO hours over forty (40) hours.

h) Employees will be expected to plan their time off with their supervisor/manager to minimize impacts to mission and contract requirements, except for legitimate illness.

i) Advance pay will not be provided for PTO.

j) Employees who leave the Company for any reason, voluntarily or involuntarily, will be paid for all fully earned/unused PTO, upon termination.

k) An employee not on a paid status such as Leave Without Pay (LWOP), Short Term Disability, or Military Leave, will accrue no

PTO.

Section 2. Scheduling. PTO requests must be least ten (10) calendar days prior to start date. The Company reserves the right to approve or deny requests based on business operational requirements. PTO requests will be approved based on seniority. PTO may be used in increments of no less than ½ of an hour (thirty minutes).

Section 3. Employees requesting PTO ten (10) days in advance will receive written approval/disapproval from management within three (3) business days of submitting a request.

ARTICLE XXIV JURY DUTY

Section 1. Employees summoned to serve jury duty will be granted time off not to exceed the limits of the prevailing territorial law or up to 10 days of service, whichever is greater.

Section 2. Notice of jury duty must be given to the Company upon receipt of a jury summons, and proof of such service must be submitted to the satisfaction of the Company before this Article shall apply. Employees shall have total hours served on jury duty noted on their proof of service.

Employees summoned to jury duty that are released by the Court with less than four (4) hours of service shall return to work.

Section 3. Any employee scheduled to work third shift (after 12:00 a.m. to 7:30 a.m.) when he is summoned for jury duty shall not be required to work the night before he is to report for jury duty.

Section 4. Employees on jury duty have the option to utilize either Leave Without Pay or PTO for their hours of jury duty.

ARTICLE XXV BEREAVEMENT LEAVE

Section 1. Immediate Family. An employee with the Company shall be allowed to take up the three (3) of their accumulated PTO days off to attend the funeral of his immediate family.

Spouse, parent, parent of spouse, legal guardian, child, brother, sister, stepparent, stepparent of spouse, stepchild, stepbrother, stepsister, grandchild, grandparent, and grandparent of spouse.

Under special circumstances, an employee may be allowed to take up to five (5) of their accumulated PTO days off to attend to the funeral and other affairs related to the death of an

Only child of the decedent, 3) Primary caretaker of the decedent, or 4) Off-island travel (other than Saipan) required to attend the funeral. Proof of documentation will be required.

Section 2. Extended Family. An employee shall be allowed to take up to one (1) of their accumulated PTO days off to attend the funeral of the following extended family members:

Brother/sister of spouse, stepbrother/sister of spouse, half-brother/sister of spouse, son/daughter-in- .

Section 3. Employees may be required to provide proof of claim.

ARTICLE XXVI ILLNESS

Section 1. Paid Time Off (PTO) is provided to cover paid time away from work in the event that terms and conditions of employment.

a) Absences of three (3) or more consecutive scheduled working days shall require a written

Absences of more than fourteen (14) consecut Release to Work statement detailing any work-related limitations. Hospitalization of any

b) Employees who become ill or injured during working hours must report to their supervisor before departing, except during a medical emergency.

c) All employees who are unable to report for work because of illness or injury must notify reporting absences, the employee is to report the nature of the illness or injury, anticipated duration of home or hospital confinement, and a telephone number for follow-up if needed.

Absences must be reported daily unless otherwise instructed by the employee

d) In the event that the nature of the illness or injury prevents the employee from providing the required notification, a family member or friend of the employee should report the

e) For absences exceeding fourteen (14) consecutive days, the employee is responsible for maintaining weekly contact with his immediate supervisor to keep him informed as to their status. The supervisor is then responsible for reporting employee status for emplo absences for over fourteen (14) consecutive working days to the Human Resources Office.

f) Days spent in the hospital and in recuperation may be charged to PTO with supporting documentation from the hospital or physician.

g) r believe that an absence is due to an occupational related illness or injury, the supervisor is responsible for reporting this information to the Department Manager, the Human Resources Department and the Safety Department.

ARTICLE XXVII INSURANCE

Section 1. AMI will pay into the AMI health and welfare plan for all regularly compensated hours up to a maximum of 40 hours a week at the rate published in the most recent U.S. Department of Labor Wage Determination. The rate will become effective on December 29 of each year covered by this agreement. Monies in excess of those necessary to provide coverage as set forth in this Article will be placed in the employee 401k plan.

Section 2. The health plan will provide benefits via a Guam insurance carrier, competitively chosen to provide optimum benefits at lowest cost/best value. When cost feasible, The benefit plan year will be on a calendar year basis, with any changes to become effective 01 January of each year covered in this agreement .

Section 3. The health plan administrator will administer the plan. It is anticipated that the health that select dependent care will pay the balance of the cost of the plan via payroll deduction.

t will be used to fund up to 50% of dependent care coverage.

Section 4. If eligible, employees may opt out of employer-provided benefits to the extent allowed by law, once annually, during the designated period of open enrollment. Proof of other insurance may be required to opt away from health and welfare benefits. If the employee chooses to opt out of employer-plan, and the employee may not obtain medical insurance coverage during the plan year absent a qualifying event.

ARTICLE XXVIII- SAVINGS/RETIREMENT PLAN

AMI offers a 401(k) Savings/Retirement Plan to Union hourly employees and will contribute 4% leave, LWOP, and overtime are not contributions (which are highly encourages) in accordance with IRS regulations, which may be accomplished through payroll deduction(s). It is understood and agreed that the plan will be effective for the duration of this Collective Bargaining Agreement unless terminated by mutual agreement of the parties.

ARTICLE XXIX UNIFORMS

The Company will provide daily uniforms and PPE required and as needed for employees to perform their jobs.

ARTICLE XXX MISCELLANEOUS

Section 1. Vehicles

a. Registration and Insurance for Privately Owned Vehicles. Janitors/Custodians using privately owned vehicles in performance of their signed job duties must have current registration and insurance.

ARTICLE XXXI TERM AND NOTICE OF CHANGE OR TERMINATION

This Agreement shall be effective April 1, 2023, and shall continue in full force and effect through 11:59 pm on March 31, 2027, unless the party desiring termination or modification of the agreement serves written notice, by certified mail, upon the other party at least sixty (60) days prior to the anniversary date (January 1) of the agreement.

In witness whereof, the parties have caused this agreement to be executed by their authorized representatives on the 21st day of February 2023.

ADVANCE MANAGEMENT INC. INTERNATIONAL BROTHERHOOD OF

ELECTRICAL WORKERS,

LOCAL UNION 1260

Mary Toves, President

Edwin Nakazato, President

, Recording Secretary

Leroy Chincio Jr., Business Manager/Financial Secretary

Dana Garretson, Representative

UPDATED WAGE SCHEDULE

MEMORANDUM OF AGREEMENT (MOA) #3

Reference: CollecƟve Bargaining Agreement (CBA) between Advance Management, Inc.

and Local 1260, InternaƟonal Brotherhood of Electrical Workers (IBEW1260), dated

April 1, 2024 to March 31, 2027.

It is mutually agreed and understood that ArƟcle XXI-Wages of the CBA is updated to the Wage Exhibit aƩached hereto to reflect MOA#2 and the scheduled 3% annual wage increase in accordance with the CBA.

All other previously negoƟated and agreed upon ArƟcles and contractual elements remain in effect.

Advance Management, Inc. InternaƟonal Brotherhood of Electrical Workers, Local 1260

Mary Toves Date Leroy Chincio Jr. Date President Business Manager/Financial Secretary

AƩachment: Wage Exhibit

1/22/26

Monty McDowell Typewritten Text January 23, 2026

Advanced Management Inc.

Wage Exhibit

Classification Rates as of 01/01/2023 12/28/2023

1/1/2024

MOA#1 12/28/2024

1/1/2025

MOA#2 12/28/2025 12/28/2026

3.0% Note 1 3.0% Note 2 3.0% 3.0% Janitor/Custodian $16.20 $16.69 $17.20 $17.72 $17.75 $18.28 $18.83

Note:

2- MOA#2 - Bidens Executive Order 14026 - $17.75 per hour, effective 01/01/2025 1- MOA #1 - Biden's Executive Order 14026- $17.20 per hour, Updated 10/29/2024 dag_ibew