J-0200000-02-L_CBA_Local99_Navy_Yard.PDF

COLLECTIVE

BARGAINING AGREEMENT

Between

INTERNATIONAL UNION OF

OPERATING ENGINEERS

LOCAL 99, AFL-CIO

And

EMCOR GOVERNMENT SERVICES

NA VY YARD and ASSOCIATED SITES

(NCRBOS)

December 16, 2018 - December 15, 2019

INDEX

Page No.

ARTICLE I UNION REPRESENT A TI ON AND MEMBERSHIP .......... ............ .................. ... l Section 1. 1. Union Jurisdiction ........................................................... ............................ .......... ..... l Section 1.2. Jurisdiction ..................... ............... .. .......... .... ................ ................... ............ ...... ........ l Section 1.3. Me1nbership Section 1.4. Good Standing .......................................................................................... ......... ......... l Section 1.5. New Hires Section 1.6. Operation and Repair Section 1.7. UnionAccess Section 1.8. Duties/Classification Section 1.9. Qualifications Section 1.10. Equal Employment Section 1.1 1. Substance Abuse Section 1.12. Part-Time Employees Section 1.13. Shop Steward

ARTICLE II WAGES, HOURS AND OVERTIME

Section 2.1. Wages Section 2.2. Hours and Overti1ne Section 2.3. Days Off Section 2.4. Work Schedules Section 2.5. Operating Hours Section 2.6. Four-Day Workweek Section 2.7. Call Back Section 2.8. Site Closure Section 2.9. Loss ofBenefits Section 2.10. Working out of Classification Section 2.1 1. Davis-Bacon Act Section 2 .12. Shift Differential Pay Section 2. 13 . Designated On-Call Personnel

ARTICLE III VACA TIO NS, HOLIDAYS & SICK LEA VE

Section 3 .1. Vacation Section 3.2. Holidays Section 3.3. Sick Leave Section 3.3(a). Sick Leave at Transfer

ARTICLE IV MISCELLANEOUS

Section 4.1. Scope of Duties Section 4.2. Definition Section 4.3. No Side Agreements Section 4.4. J AC Contribution Section 4.5. Funeral Leave Section 4.6. Dues Deduction Section 4.7. Jury Duty Section 4.8. Uniforms Section 4.9. Tools ......... .... ................. ... .. ....... ... ...... .... ...... ....... ......... ..... .. .. ........ .... .. .. ..... ...... ........ l 3 Section 4.10. Successorship Section 4.1 1. Entire Agreement Section 4.12. Training

ARTICLE V HEALTH, WELFARE & PENSION BENEFITS

Section 5 .1. Pension

Section 5. l.2 Retirement Savings Plan Section 5.2. Group Insurance

ARTICLE VI ARBITRATION

Section 6.1. Grievances Section 6.2. Processing of Grievances Section 6.3. Arbitration Section 6.4. Discipline Procedure Section 6.5. Probationary Period ............... ................................................................... ................ l 7 ARTICLE VII MANAGEMENT RIGHTS .......... .. .................................................................. l 7

ARTICLE VIII NO STRIKE/NO LOCK OUT

ARTICLE IX TERM OF AGREEMENT

EXHIBIT "A" (Wages)

EXHIBIT "B"

Agreement Between IUOE, Local 99 and EMCOR Government Services for Navy Yard & Associated Sites Term: December 16, 2018 - December 15, 2019

Navy Yard & Associated Sites NCRBOS Washington, D.C.

This Agreement is made by and between Local 99-99A, International Union of Operating Engineers, affiliated with the Metropolitan Washington Council, AFL-CIO, party of the first party (hereinafter referred to as the "Union") and EMCOR Government Services, Inc. party of the second part (hereinafter referred to as the "Company"). That for the purpose of mutual understanding, and in order that a harmonious relationship may exist between the Employer and the employees in the unit herein defined, and the end that continuous and efficient service may be rendered by both parties for the mutual benefit of both, it is hereby agreed that:

ARTICLE I

UNION REPRESENTATION AND MEMBERSHIP

Section 1.1. Union Jurisdiction: The Employer recognizes the Union as the exclusive representative for the purpose of collective bargaining with respect to rates of pay, hours of work and other conditions of employment for its employees employed at sites located within the Navy Yard & Associated Sites BOS.

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

Section 1.3. Membership: In accordance with the Labor Management Relations Act of 1947 as amended, the Employer and the Union have entered into a union security agreement requiring Employees to pay initiation fees ; periodic (monthly) union dues, or periodic (monthly services fees as applicable. All Employees covered by this Agreement shall within thirty (30) days from and after the effective date of this Agreement and as hereinafter set forth, or within thirty (30) days after their employment, pay periodic union dues, or service fees as applicable, and initiation fees if applicable. This paragraph shall not be deemed effective or applicable to the Commonwealth of Virginia nor any other jurisdiction where its application would be contrary to law. The Employer agrees to send to the Union each month a current listing of bargaining unit employees.

Section 1.4. Good Standing: Subject to the provisions of the Act, the Employer shall, on, but not before, the tenth ( l 01h) working day from receipt of written notice from the Union, discharge any employee who is not in good standing in the Union as defined in the Act and as required by the preceding paragraph.

Section 1.5. New Hires: Should the Company apply to the Union Business Office for new help , the Union agrees that it will make every effort to furnish competent help without discrimination because of race, creed, sex, age, national origin or membership or non-membership in the Union.

Agreement Between IUOE, Local 99 and EMCOR Government Services for Navv Yard & Associated Sites Term: December 16, 2018 - December IS, 2019

The Employer agrees to notify the Union of the names and addresses of any new employees no later than thirty (30) days from their date of employment.

Section 1.6. Operation and Repair: The jurisdiction of the Union shall extend over and include the operation, maintenance and repair of:

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

b. All refrigeration and air conditioning machinery and their associated equipment.

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

d. All electrical appliances and fixtures including lamping.

e. All emergency power equipment.

f. All electric motors, generators, circuits and switch gear.

g. All air handling and distribution equipment.

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

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

The Union, in the exercise of its rights, agrees to keep the equipment in a clean and orderly condition.

Section 1.7. Union Access: The Business Manager and/or Business Representative of the Union shall be pennitted access to the engine room, boiler room, and any section of the work site where employees covered by this Agreement may be working. In the exercise of this provision, the Union agrees to first notify the Company 24 hours prior to the intent and time to enter said premises. Access to the work site shall be with the advance approval by representatives of both the Washington Naval District and any security agency or personnel specific to a building or site.

Section 1.8. Duties/Classifications: The scope and duties of the classifications as listed in Exhibit 'A" of this agreement shall be as follows:

Term: December 16, 2018- December 15, 2019

(a) Chief Engineer: (I st Class License required) to be responsible for the supervision of Engineers and all equipment assigned, to perform such duties as may be assigned by the Project Manager.

(b) Engineer: (3rd Class DC/or I 51 MD License required)To be responsible to his immediate supervisor for the safe and efficient operation and maintenance during his shift of all equipment in his plant, as defined in Section 1.6 of this Article.

(c) Lead HVAC Mechanic: Installs, services, and maintains environmental control systems, utilizing knowledge of refrigeration theory, pipefitting, and structural layout. Inspects completed work for conformance to standards. Directs other skilled craftsman in their duties. Any new hires for this position will require a Journeyman's License.

(d) Maintenance Foreman: to be responsible to the Project Manager/ Chief Engineer for all assigned tasks and direct skilled craftsman in their duties.

( e) Lead Maintenance Mechanic: to be responsible to the Project Manager/ Chief Engineer for all assigned tasks and direct skilled craftsman in their duties.

(f) Maintenance Mechanic: To perform maintenance and repairs to all jurisdictions as defined in Section 1.6 of this Article under the supervision of his immediate supervisor. He shall at no time be assigned an engineer's shift to operate building equipment.

(g) HY AC Mechanic: To perfonn maintenance and repairs to all jurisdictions as defined in Section 1.6 of this Article, in buildings or locations under the supervision of his immediate supervisor. He shall at no time be assigned an engineer's shift to operate building equipment. Any new hires for this position will require a Journeyman's License.

(h) Welder: Perfonns tasks for welding, brazing, soldering of materials and repairs to equipment as assigned.

(i) Boiler Tender: Tend to one or more boilers that produce high temperature water or steam. Reads and records gauges, meters, and associated equipment.

U) Utility Mechanic: To perform general building maintenance and repair activities as defined in Section 1.6 of the Article, including carpentry, locksmithing, and painting. Assists Maintenance Mechanics and Engineers with major maintenance tasks, repairs and other duties as assigned by his supervisor. The maximum number of Utility Mechanics that may be employed shall be limited to the number obtained by applying a ratio of 5: 1 to the whole number of Maintenance

Term: December l6, 20l8 - December lS, 20l9

Mechanics employed by the Company under all of its agreements with the Union.

(k) General Maintenance Worker: Performs minor services such as touch-up painting, replacement of lavatory washers and seats, unstopping toilets, replacing filters, etc. Perfo1ms laborer functions such as using shovels, wheelbarrows, etc.

Replaces electric light fixture parts such as bulbs, tubes to include cleaning.

Performs industrial cleaning services in mechanical work areas. Performs other duties as required or directed by management.

(l) Maintenance Helper: The duties of Helpers shall be limited to changing light bulbs and lint screens, and such other minor tasks as may be assigned by their supervisor, unless they enroll in the Local 99 I.U.O.E. Joint Apprenticeship School (School), in which case the Helpers scope of duties shall be unlimited (contingent further upon satisfactory School perfonnance). The maximum combined number of Maintenance Helpers and Helpers (as described below) that may be employed shall be limited to the number obtained by applying a ratio of 5: 1 to the whole number of Maintenance Mechanics employed by the Company under all of its agreements with the Union. Helpers enrolling in the School (and continuing therein), subject to the terms of Section 1.8(1) shall be paid at the rate applicable to Apprentice Engineers under this Agreement. However, the Company and the Union shall agree in advance of registration for Apprenticeship classes as to the status of each Maintenance Helper assigned to the worksite.

(m) Helper: Entry level position to assist maintenance and engineering personnel in the general maintenance and operation of the property.

(n) Apprentice Engineer: To perform all assigned training duties under the supervision of the Chief Engineer or a licensed supervisor or engineer as designated by the Chief Engineer. In the application of these duties, the Company agrees to conform to the Standards, as printed, of the Local 99, I. U.O.E. Joint Apprenticeship Committee. The apprentice engineer shall at no time be permitted to stand an engineers shift, nor be assigned to a fixed routine which might interfere with his training program.

( o) Lead Carpenter: to be responsible to the Project Manager/ Chief Engineer for all assigned tasks and direct skilled craftsman in their duties.

(p) Carpenter: to perform all assigned carpentry trade duties including, but not limit to: framing, finish work, door and door hardware installation/repair, drywall/plaster installation and locking device work. Other duties may include painting and/or staining of repaired surfaces.

(q) Locksmith: Installs, repairs, modifies, and opens a variety of locking mechanisms. Makes keys and maintains records of keys distributed.

(r) High Voltage Electrician: Performs high voltage electrical installation, maintenance and repair work. Receives assignments verbally and by work order.

Determines methods to accomplish assignments. Any new hires for this position will require a Journeyman's License.

(s) Journeyman Electrician: Perfonns electrical installation, maintenance and repair work. Receives assignments verbally and by work order. Determines methods to accomplish assignments. Any new hires for this position will require a Journeyman's License.

(t) Pipefitter: Installs, maintains, modifies and repairs new and existing p1pmg systems and equipment that includes plumbing.

(u) Painter: Paints and redecorated walls, ceilings, woodwork, and fixtures. Work involves surface preparation and repair.

(v) Plumber: Assembles, installs, and repairs pipes, fittings, and fixtures of heating, water, and drainage systems, according to specifications and plumbing codes.

Any new hires for this position will require a Journeyman's License.

(w) Control Technician: Performs maintenance testing, and repairs on all electronic, electrical and pneumatic control systems as related to refrigeration and HV AC systems.

(x) Sheet Metal Worker: To perfotm duties compliant with metal fo1ming and repairs.

(y) \-Varehouse Specialist: perfotms warehouse duties which reqmre an understanding of storing materials, taking inventories, packaging items for shipment, and reporting damages.

(z) Shipping/Receiving Clerk: Perfonns clerical and physical duties in connection with materials and equipment. Verifying orders to be shipped and/or received.

(aa) Laborer: Perfonns physical duties in relation to maintenance tasks such as moving and carrying of tools and equipment, digging, clean up after tasks are completed, and other tasks requiring physical abilities.

(bb) Master Plumber: Assembles, installs, and repairs pipes, fittings, and fixtures of heating, water, and drainage systems, according to specifications and plumbing codes. A Master License's is required.

(cc) Master Electrician: Perfonns electrical installation, maintenance and repair work. Receives assignments verbally and by work order. Detennines methods to accomplish assignments . A Master License's is required.

(dd) Lead Control Technician: to be responsible to the Project Manager/ Chief Engineer for all assigned tasks and direct skilled craftsman in their duties.

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

Section 1.10. Equal Employment: The Company and the Union, in the performance of this Agreement are deeply committed to a policy of equal employment opportunity for all job applicants and employees working in the job classifications covered by this Agreement. The Company actively seeks to employ qualified individuals in all covered job classifications and to administer all personnel actions effecting employees without discrimination on the basis of race, color, religion, sex, age, national origin or union membership. Persons with disabilities, veterans with disabilities and veterans of the Vietnam era will be given the fullest consideration for employment in the job classifications for which they are qualified. The Company and the Union are committed to making reasonable accommodation for qualified individuals with disabilities as well as to abide b y any and all local laws which in addition to the above prohibit discrimination, sexual harassment or workplace harassment in any fonn.

Section 1.11. Substance Abuse: The Company's Substance Abuse Policy does not preempt any collectively bargained rights of the employees covered by this Agreement including the right to arbitrate any dispute arising out of the interpretation or application of this Agreement. No employee represented by the Union will be required to sign any waiver limiting the liability of the Company, the testing facility, or any other person implementing the Substance Abuse Policy for violations of the law. The Union is not responsible for ascertaining or monitoring the alcohol or drug status of any employee or for implementing or enforcing any aspect of the Substance Abuse Policy and accepts no liability therefore. The Company will notify the Union, in advance, of any material changes made in this policy as appropriate. The Company has a zero tolerance Company for substance abuse. Where required, a Credit Check and a check of Motor Vehicle Records may also be conducted. The Company also reserves the right to immediately test any employee where there is probable cause to believe that the Employee has ingested or is using a controlled substance or alcohol. An employee who is required to operate a Company motor vehicle must report any license revocation or suspension to their immediate supervisor within the next scheduled work day of such revocation or suspension.

Section 1.12. Part-Time Employees: It is recognized and agreed that the Employer may hire employees to work less than thirty (30) hours in a scheduled workweek. Paii-time employees may not be used to reduce the hours worked by the Full-time employees below forty ( 40) hours in a workweek or eight (80) hours in a pay period. Part-time employees may be used to cover shifts or fill in for full-time employees who are absent from work. Should a full-time vacancy become available, part-time employees shall be considered for the position. Nothing in thi s agreement shall constitute a guarantee of a certain schedule or a minimum or a maximum of hours.

Part-time Employees are entitled to the following benefits:

(a) In lieu of health and welfare benefits, each part-time employee shall be paid three dollars and seventy-five cents ($3.75) per hour worked above the wage rate shown in "Exhibit A" of the current Agreement.

(b) Part-time employees shall have pension contributions made on their behalf to the Central Pension Fund for all hours worked as set forth in Section 5.1. of the current Agreement (not to exceed forty hours per week) .

( c) Part-time employees that work on a holiday shall be paid their regular wage plus ho liday pay.

(d) Other benefits (i.e. sick leave, vacation, jury duty, and funeral leave) shall be paid on a "pro-rata" basis. However, part-time employees shall not be entitled to use accrued sick leave for personal holidays.

(e) J .A.C. contributions shall be made according to Section 4.4. of the current Agreement.

Section ' 1.13. Shop Stewards: The Employer agrees to recognize a duly appointed Shop Steward. The Shop Steward shall be afforded a reasonable pe1iod of time to conduct Union business during working hours as long as such action does not interrupt operations. The Employer will pay the Steward when meeting with the Employer during normal working hours to properly handle grievances. Each steward shall be the last laid off from within his or her wage classification as identified on Exhibit A.

ARTICLE II

\iVAGES, HOURS AND OVERT IME

Section 2.1. Wages: The wages for employees in the job classifications defined in Section 1.8.

of thi s Agreement shall be as shown in Exhibit "A" attached hereto . All wages are to be paid bi weekly.

Section 2.2. Hours and Overtime: Forty ( 40) hours divided into five (5 ) consecutive days of eight and one half (8 1/2 ) consecutive hours per day, inclusive of a one half hour unpaid lunch period, shall constitute a week's work. The payroll week begins at 12:00 A.M. Saturday and ends at 11 :59 P.M. Friday. All time worked in excess of eight (8) hours in any one (1 ) day or forty ( 40) hours in any one ( l ) week (but not both) shall constitute overtime and shall be paid for at one and one-half ( 1-112) times the base wage rate. Overtime shall apply to all employees covered by this Agreement except as defined in Section 3 of this Article. Actual time worked, holidays, paid vacation and personal days count as time worked for the purpose of computing overtime but sick leave, and leave without pay does not. The Chief Engineer shall not necessarily have regular assigned hours unless he stands a regular watch. Except in rare circumstances approved by site management, no employee shall work greater than sixteen (16) consecutive hours.

Section 2.3. Days Off: Each employee shall have two regularly assigned days off in each forty ( 40) hour week and, where practicable, these days shall be consecutive. Should an employee be assigned to work on one of his/her regularly assigned days off, he/she shall be paid at one and one half (1 12) times the base wage rate. Should he/she be assigned to work on both of his/her regularly assigned days off in any given 40 hour week, he/she shall be paid at two times the base wage rate for hours worked on his second day off. When the Company schedules work to be accomplished on an employee's day off, he/she shall be paid 4 hours for such work, or the actual hours worked, whichever is greater, at the appropriate pay rate. He shall not be assigned off on any of his regular working days.

Section 2.4. Work Schedules: A weekly work schedule will be posted at the time clock.

However, such schedule may be changed by the Company upon seven (7) calendar day's notice, or without notice if in the opinion of the Company such change without notice is essential to its operations and with the consent of the employee or employees involved. Scheduled overtime on an Employee 's normal day off will be for a minimum of ( 4) four hours. However, the Employer may schedule overtime in increments of less than four ( 4) hours during the normal work day.

Section 2.5. Operating Hours: The hours of operation at the job site shall be determined by the Company.

Section 2.6. Four-Day Workweek: It being the intent of the Employer and the Union to establish a ten (10) hour shift for herein covered employees, it is therefore necessary to waive the overtime requirement in the Collective Bargaining Agreement as it applies to this ten (10) hour shift.

This waiver of the overtime requirement, which compensates for hours worked in excess of eight

(8) hours in a day at time and one-half ( l Y2), shall apply only to those shifts that operate on the basis of four ( 4) days per week, ten ( l 0) hours per day. In the event an employee works more than ten ( l 0) hours per day on a 4-day/ l 0 hour shift, he/she shall receive pay at time and one-half (1 Yi ) for all hours over ten (10).

It is also understood that this waiver only applies to those shifts of ten (10) hours per day and workweeks of four ( 4) days. It expressly does not apply to shifts of eight (8) hours per day and workweeks of five (5) days. All other provisions of the Collective Bargaining Agreement, which pertain to overtime, remain intact.

Term : December 16, 2018 - December 15, 2019

With regards to vacation and sick leave provisions of the Collective Bargaining Agreement, employees who work the ten (10) hour shift shall receive the same amount of hours of entitlements as those employees who work a regular eight (8) hour shift. For the purpose of funeral leave, employees, who work the ten ( l 0) hour shift, shall be entitled to five (5) days or three (3) days at ten (10) hours per day, whichever is appropriate.

An employee, who is scheduled to work on a day on which a holiday occurs, shall receive that day off with pay. When a holiday occurs on a weekday, and an employee is scheduled to be off that day, the employee shall enjoy the holiday on the following scheduled workday.

Therefore, during a work week which includes a holiday, an employee on a four (4) day work week [ten (10) hours per day] shall work three (3) days, have one (1) day off, and be paid for forty ( 40) hours. It is understood that any employee, required to work on a holiday, shall be paid at the time and one-half ( l Y2) rate for ten ( l 0) hours of the scheduled shift in addition to ten ( 10) hours holiday pay, and at time and one-half (1 Y2 ) thereafter. In the event that the Company decides to change the ten-( l 0) hour day, it shall meet with and discuss the reasons with the Union.

Section 2. 7. Call Back: In the event that an employee is called back to work in an emergency or for any other reason (other than negligence on his part) after completing his regular work day and leaving the premises, he shall receive not less than four ( 4) hours pay for same, calculated at one and on-half ( 1-1 /2) times the basic rate. Employees provided with a company vehicle shall be paid portal to portal instead of the 4 hour minimum call back. Commuting time to and from the work site shall be limited to a maximum of 1 hour each way.

Section 2.8. Site Closure: If during nonnal work hours the Navy closes the facility and the Contracting Officer advises the Employer we are released from staffing requirements, then those employees will be paid their normal rate of pay for that period.

Section 2.9. Loss of Benefits: No employee shall suffer a reduction in salary, adverse change in working conditions or the ioss of any benefit now enjoyed by him as a resuit of this Agreement, but this shall not be held to apply to the result of any rearrangement or reorganization of personnel and it is agreed that this section is limited to the understanding that an employee now enjoying a benefit greater than one expressly provided in this Agreement shall continue to receive that benefit so enjoyed and not be reduced to such lesser benefit provided herein.

Section 2.10. Working out of Classification: Work perfonned at a higher rated job classification by an employee in this Collective Bargaining Agreement shall be paid at the higher rate when the employer expressly reassigns such employee to work in a higher rated classification. Such reassignment to a higher rate shall only be valid if written approval of management is received.

Section 2.11. Davis-Bacon Act: Work perfo1med under the Davis-Bacon Act is exempt from and bargaining unit work. If the Employer elects to use bargaining unit employees to accomplish

Davis-Bacon work, the employees will recei ve the higher of the Collective Bargaining Agreement rate or the Davis-Bacon rate.

Section 2.12. Shift Differential Pay: Employees, who are regularly assigned to the first or third shift, shall be paid a shift differential as indicated below. The first shift shall be defined as the night shift (l lpm to 7am) and the third shift as the evening shift (3pm to l lpm) or as modified by the employer. Shift differential pay shall not be compounded for purposes of overtime pay, nor paid for vacation time off.

Shift Current Effective December 16, 2018

1 St Shift $1.10 $ 1.20 3rct Shift $0.85 $0.95

Section 2.13. Designated On-Call Personnel: Certain trades are critical to the overall ability to maintain the systems at the site. The critical trades may need to have a technician to be available to consult on or come in to perfonn maintenance on critical systems or ongoing after hours work.

This On Call technician will need to be available to receive phone calls or be called in to assist with issues. The schedule of the designated On Call Technician can be adjusted or rotated but only one employee can receive On Call Pay. By accepting the On Call pay the On Call Technician also agrees to be available, accept all after hours calls and remain available, both in a reachable location (must have reception on the phone or provide land line access) and remain in a sober and cognitive condition. An on call phone will be provided. The designated On Call employees will receive one hundred and fifty dollars ($ 150.00) per week for being On-Call. The site will arrange local policy for tracking and publishing the On Call Technician schedule and it is the intent for the "After Hours" shift work support staff to make the determination to make the call or call in, according to the site policy.

ARTICLE Ill

VACATIONS, HOLIDAYS & SICK LEAVE

Section 3.1. Vacation: Each employee covered under the terms of this Agreement is entitled to vacation based on her/his length of service. The length of service includes the whole span of continuous service from the date of employment (anniversary date) with the Employer, wherever employed, and with predecessor contractors in the performance of similar work at the site. Full time employees shall be entitled to accrue arurnal paid vacation beginning on the first day of employm ent. Each employee covered by the tenns of this Agreement who has worked continuously in the employ of the Employer or a predecessor contractor fo r the following period shall be entitled to vacations as shown below, based upon the employee's anniversary date and the employee's length of service.

Vacation is calculated each pay period and is available for immediate use.

48 months of service or fewer 49 - l 08 months of service l 09 - 228 months of service

229 months and beyond*

3.077 hours per pay period

4.615 hours per pay period

6.154 hours per pay period

7.692 hours per pay period

The vacation leave year aligns with the payroll calendar year which changes from one year to the next. (Example, the final pay date in 20 l 7 is December 22 for the pay period ending December

15. Therefore, for 2018, the payroll calendar begins on December 16, 2017). An employee may carry over up to 40 hours of vacation into the next payroll calendar year.

The employer agrees to allow employees to take vacation before it is earned each year so that employees are not required to wait until late in the year for vacation. Employees requesting to use unearned vacation may be approved to use no more than one ( 1) year of annual vacation accrual. While vacation approval is at the discretion of management, a supervisor may not deny an employee access to vacation leave solely on the basis of whether it has been earned at the time of the request. An employee who terminates employment from the company for any reason will receive payment for accrued but unused vacation at the time the employee is separated. If an employee's vacation balance is negative upon their termination, the negative hours will be deducted from the employee's final paycheck.

Section 3.2. Holidays: The following holidays shall be recognized and employees shall receive a day's pay for same:

New Year's Day Matiin Luther King's Birthday Inauguration Day President's Day Memorial Day Independence Day

Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas Day Personal Holiday*

All future holidays declared as legal by the United States Congress. Work perfonned by an employee on any of these days shall be paid for at two (2) times the base wage rate plus a day's holiday pay. These holidays shall be observed by the Company on the same day as they are observed by the Government of the United States (in the Washington, D.C. area).

*Approval to take a personal holiday needs approval by a supervisor at least forty-eight ( 48) hours in advance.

If a holiday falls on an employee's regular scheduled day off, he shall receive an additional days pay or a day off in lieu of holiday pay at the employee's option and upon seven (7) calendar days notice to his supervisor. The day off in lieu of holiday pay must be taken in the same pay week in which the holiday occurs. During a pay week in which a holiday occurs, all time worked in excess of thirty-two (32) hours shall be paid as overtime at the appropriate overtime rate of pay.

l l

If the work site is closed because the Federal Government or tenant observes a holiday not listed above, employees assigned to that work site will report for work as scheduled.

Section 3.3. Sick Leave: Effective January l , 20 l 0 each employee shall be entitled to eight (8) working days sick leave per year with pay which shall be an entitlement on the anniversary date (January l) of the Agreement with accumulation maximum accumulation of no more than 240 hours effective December 31, 2014. Employees who had greater than 240 hours of accumulated sick leave prior to December 31, 2014, will not have their hours reduced on that date.

Employees hired during the calendar year shall receive paid sick leave "pro-rata" for the remainder of the first year of employment

The Company, at its option, may require certified physician's proof of illness or incapacitation, and/or an examination by the Company's physician at the Company's expense before granting paid sick leave. Employees, at their option, may convert two days of accrued and unused sick leave to personal leave, per year of the agreement. To be eligible, the employee must have a minimum balance of forty ( 40) hours of sick leave accrued at the time of the request and provide a minimum of 48 hours advance notice to his supervisor.

Personal leave may not be taken to extend vacation leave or holidays. Personal leave shall count as hours worked for the purposes of computing overtime. Upon separation from the Employer all accrued but unused sick leave shall be forfeited.

Section 3.3(a). Sick Leave at Transfer: If an employee is transfen-ed to a new work location at the direction of the Company, the employee will not lose any accrued sick leave. If the sick leave balance at the time of transfer exceeds the maximum balance permitted in the CBA at the new location, any amount in excess of the maximum will be moved to the employee's long tenn sick bank. The long tenn sick bank may be used during an approved disability absence only.

If an employee vo luntarily applies for and accepts a position that is covered by a different CBA, the tenns and conditions of the new CBA will apply regardless of the impact, negative or positive.

Example: If a member has 120 hours of sick leave, and voluntarily accepts a position under a new CBA that has a maximum of 80 hours of sick leave, the member would keep 80 hours and forfeit 40 hours.

ARTICLE IV

MISCELLANEOUS

Section 4.1. Scope of Duties: The employees shall maintain and make all necessary repairs to all equipment and machinery coming under the supervision of the Project Manager except where the same conflicts with the trade rights of other organizations assigned to this location.

Section 4.2. Definition: Notwithstanding any other provision contained in this Agreement it is expressly agreed that this Agreement covers only those employees authorized and qualified to operate and maintain the equipment as set forth in Article I, Section 1.5 of this Agreement and that the term "Maintenance Mechanic" does not and is not intended to include custodial and janitorial employees such as chainnen, chairwomen, janitors, porters, elevator operators and similar employees.

Section 4.3. No Side Agreements: The Employer shall not enter into any agreement with any employee covered by this Agreement, the tenns of which conflict with the terms of this Agreement.

Section 4.4. JAC Contributions: The Employer agrees to pay the sum of $60.00 per quarter, per employee covered herein to the Treasurer of the Local 99, Joint Apprenticeship Trust.

Section 4.5. Funeral Leave: It is recognized by the Employer and the Union that five (5) calendar days may be needed by an employee to attend a funeral service for a spouse, parent, child, sister or brother and three (3) days for the death of a grandparent, legal guardian, step parent or parent in-law. All funeral leave is to be used within a thirty-day calendar period. If any of these days are working days, the employee shall suffer no loss in pay. One of these days shall be the day of the funeral. Funeral leave shall be operative for the following relatives: spouse, child, sister, brother, parent, step-parent, parent-in-law. No employee shall receive pay for any part of funeral leave that occurs during previously scheduled or regular time off, or when the employee is absent from work for other reasons. In no event shall pay for funeral leave be in excess of eight (8) hours per day at straight time. Employees may take vacation leave to extend funeral leave if approved by the Project Manager.

Section 4.6. Dues Deduction: The Employer will deduct from the pay of the employee the Union dues or monthly service fees for all employees of the Union, upon signing of an individual dues deduction authorization card in the form agreed to between the Employer and the duly designated officer of the Union.

Section 4.7. Jury Duty: Employees actually serving on Junes shall receive the difference between their straight time weekly basic pay and the amount received while on jury duty up to a maximum of twenty (20) workdays."They will be expected to work their regularl y posted schedule on days when the jury is not in session.

Section 4.8. Uniforms: The Employer agrees to furnish the employees sufficient work uniforms, to be worn during working hours while on duty. Employees are required to provide and wear appropriate work boots. Warehouse personnel are required to wear steel toed shoes and electricians must have boots with composite toes.

Section 4.9. Tools: The Employer agrees to furnish all necessary tools and equipment for the safe and efficient performance of the employee's duties . The Employer further agrees that the employees shall not be required to furnish any tools required for the performance of the employee's duties.

Section 4.10. Successorship: The Agreement embodies the entire Agreement between the Employer and the Union and shall inure to the benefit of and shall be binding on the heirs, executors, administrators, successors, and assigns of the parties hereto. No provision shall be construed in any manner so as to restrict the Employer from the complete operation and management of his business and plants or in the direction of the working forces. The Employer in the exercise of his rights, however, shall observe the provisions of this Agreement. The successor shall be required to assume any and all accrued sick leave and seniority the employees may have accumulated during their employment with the previous Employer.

Section 4.11. Entire Agreement: In the event any article, section or provision of this Agreement is held improper or invalid by any civil authority, agency or court, such article, section or provision shall not invalidate other portions of the Agreement, and if any part of this Agreement is in conflict with or not in compliance with the Labor-Management Relations Act, 194 7, any amendments or additions thereto, such parts of this Agreement shall automatically be deleted from this Agreement.

Section 4.12. Training: In recognition of the value of continued job performance/employee development, the Company may provide relevant job-related training, as deemed appropriate by the Company. Costs associated with such training, including travel, will be reimbursed by the Company in accordance with Federal Travel Regulations. The Company will also consider such training as requested by the employee. Pre-approval for all training must be obtained prior to registration or attendance by the Company.

ARTICLE V

HEAL TH, \VELF ARE & PENSION BENEFITS

Section 5.l. Pension: The employer agrees to contribute the amount indicated below per hour for all hours paid, excluding overtime hours, not to exceed 2080 hours per year, for all employees covered herein, to the Central Pension Fund of the International Union of Operating Engineers and Participating Employers.

Effective December 16, 2018

$6.70

Section 5.1.2. Retirement Savings Plan: Eligible full-time and part-time employees may participate in the EMCOR Group, Inc. and Subsidiaries Union Employees 40 I (k) Plan (the "Plan") under the terms of the Plan document. As currently in effect, eligible employees may voluntarily elect to defer in a whole percentage from I% to 50% of eligible earnings, subject to applicable Federal annual retirement contribution limits and withdrawal restrictions required by law and the Plan. Eligible Employees may voluntarily elect to defer into the Plan under the terms provided above on the first of the month following their date of hire at the project site.

Eligible employees covered under this collective bargaining agreement are not eligible for any company matching contribution on amounts deferred to the Plan. In addition, Eligible Employees are not pennitted to make any after-tax contributions to the Plan.

Any amounts defetTed by eligible employees are deposited into the Plan's Trust and allocated to the employee's account under the Plan. Employees are at all times l 00% fully vested in the amounts they defer to the Plan.

An Eligible Employee shall be vested in, and have a non-forfeitable right to the Company contribution allocated to his account as outlined above in accordance with the following schedule:

Years of Vesting Service less than l year l year

2 years

Percent Vested 0% 50% 100%

The Company's contribution to the individual's Savings Plan account will be made following the regular payroll cycle.

Section 5.2. Group Insurance: The Employer agrees to make monthly contributions, as listed below, for all full-time employees and their dependents covered herein to the Health & Welfare Trust Fund of the International Union of Operation Engineers, Local 99-99 A.

Coverage Effective January l, 2019

Family Coverage $ 1,664.00 -· -I :::i mgle Coverage I ...... - -- """"' :ti /) J.UU

In the event that the Employer's contribution is less than the required contribution rate, as detennined form time to time by the Trustees, of the I. U.O.E., Local 99-99A Health and Welfare Plan, the Employer shall have the right to, and will, deduct from the wages of each employee and amount equal to the difference between the Employer contribution and the plan cost, as detennined by the Plan Trustees.

The contribution by the Employer together with the amount withheld from the employees pay shall be paid to the Plan Administrator no later than the twentieth (20111

) of the month following the month in which the deductions were made.

ARTICLE VI

ARBITRATION

Section 6.1. Grievances: In the event any grievance or dispute arises as to the interpretation, application, or any claimed violation of this Agreement, the Union and the Company shall meet in an effort to reach an amicable settlement. Specifically, the matter shall be pursued as follows:

Section 6.2. Processing of Grievances: All grievances shall be presented as soon as practical after the occurrence upon which the same is based, but in no event later than five (5) working days if the same is a dismissal grievance, or later than thirty (30) calendar days from the date of the issue being grieved.

~: Between the Employee's direct Supervisor and the Shop Steward. The first step meeting shall be held within seventy-two (72) hours from the date the grievance is filed with the Company unless another date is set by mutual agreement. The Company shall provide the Shop Steward a written reply to the grievance within five (5) working days after the meeting with the Shop Steward. If this reply is unsatisfactory, the Shop Steward may appeal the decision to Step 2, provided such appeal is made within ten ( 10) working days after the receipt of the Company's reply.

Step 2: A meeting in Step 2 between the Company Representative or his designee and the Business Representative or a designated representative of the Union shall be held within ten (I 0) working days after receipt by the Company of Notice of Appeal, unless another date is jointly agreed to by the Company and the Union. The Company Representative shall make a reply to the Union in writing no later than ten (I 0) working days after meeting with the Business Representative.

Section 6.3. Arbitration: In the event that the matter remains unresolved after the second step, either party may, within a reasonable time and upon written notice to the other party, refer the matter to binding arbitration. The paities shall choose an arbitrator from a panel to be proposed by the American Arbitration Association. The arbitration shall proceed in accordance with the Rules of Labor Arbitration of the American Arbitration Association.

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

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

The patties agree that the decision or award of such Arbitrator shall be final and binding on each of the patties and that they will abide thereby. The Arbitrator shall have no authority to add to , subtract from, or to change any of the terms of the Agreement, to change an existing salary rate or to establish a new salary rate.

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

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

Section 6.4. Discipline Procedure: The Company reserves the right to discharge any employee for just cause. No employee shall be discharged, except as hereinafter provided, unless he/she shall have been given warning notices, in writing. Such notice shall state the complaints of the Company. The employee shall abide by the Company's Policy and Procedure manual.

151 Offense-Written Warning/Oral Warning; as decided by the Employer in response to the nature of the offense.

d Offense-Written Warning, Suspension or Discharge.

3rd Offense-Suspension or Discharge depending on the severity of the incident.

Section 6.5. Probationary Period: The first ninety (90) days of employment shall be a probationary period during which an employee may be discharged with or without cause.

ARTICLE VII

MANAGEMENT RIGHTS

The Management of the Company and the direction of the working force are vested solely and exclusively in the Company and shall not in any way be abridged, except as specific resttictions are set fo1ih in this Agreement. The parties agree that the Company has the right to supervise employees, to hire employees, to promote employees, to discipline, suspend or discharge employees for proper cause, which includes misconduct, dishonesty, poor attendance, tardiness, safety violation and/or policy violation(s), sub-standard job pcrfonnancc, to lay off employees for lack of work, to transfer employees, to assign employees, to determine services which employees shall perfonn, to direct, instruct and control employees, including, but not limited to the detennination of the number and qualification of employees to perform work, the quality of work standards and the required employee perfonnance to meet such standards, to assign overtime, to determine hours of work, to determine types of equipment, methods and procedures to be employed, to make and enforce reasonable rules to assure orderly and effective work and to perform all other functions in the administration, management, control and/or direction of the business.

It is agreed that should the Company's client request the removal and/or exclusion of an employee from the client's site for a justifiable reason, the Employer will transfer the affected employee to a comparable position at another site, and if no such position exists, shall place the employee on a preferential hiring list to fill a comparable position at another site. Should the Employer decide to terminate the employee based upon the client's request and the reason

Agreement Between IUOE, Local 99 and EMCOR Government Services for Navy Yard & Associated Sites therefore, such decision by the Employer shall be subject to the grievance and arbitration provisions of this Agreement.

The exercise of management rights, powers and authority shall not be subject to any grievance and/or arbitration procedure, provided that the exercise of such rights, powers and authority are not in violation of the express tenns of the Agreement.

ARTICLE VIII

NO STRIKE/NO LOCK OUT

The Union agrees not to engage in any strike, slow-down or interruption of work during the term of the agreement. There shall be no strike, work stoppage, or interruption in protest of any decision of an Arbitrator. The Employer agrees not to engage in any lockout during the term of this Agreement.

ARTICLE IX

TERM OF AGREEMENT

This Agreement shall be in full force and effect from the 161 h day of December 2018 to and including the 151 h day of December 2019 and shall renew from year to year unless not less than sixty (60) days prior to an anniversary date of this Agreement written notice to the contrary be given.

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

For: EMCOR Government Services, Inc.

For: International Union of Operating Engineers, Local 99, 99 a, AFL-CIO

By fld_.t f. [11_,aJ Donald P. Havard Business Manager

Approved: May 1, 2018

By lkl~ Warren L. Watt President

By: ':z?1 ;a 0 ~~ Mark P. Sexton ' Recording Con-esponding Secretary

Ter…