N6945021R0056_CWA_CBA.pdf

Between

Government Contracting Resources, Inc.

315 Page Road

Pinehurst, NC 28374

Employer at

Naval Support Activity Panama City Beach, FL

And

Communications Workers of America, AFL-CIO

Local 3114 P.O. Box 173 727 Oak Ave

Panama City, FL 32402

Effective July 1, 2019 through June 30, 2022

Contents Article One: Recognition

Article Two: Intent and Purpose

Article Three: Duration

Article Four: Non-Discrimination

Article Five: Union Representative

Article Six: Bulletin Board

Article Seven: Management Rights

Article Eight: No Strike – No Lockout

Article Nine: Seniority

Article Ten: Overtime

Article Eleven: Compensation

Article Twelve: Vacations

Article Thirteen: Holidays

Article Fourteen: Breaks and Lunch Periods

Article Fifteen: Health and Welfare

Article Sixteen: Discipline

Article Seventeen: Grievance Procedure

Article Eighteen: Arbitration

Article Nineteen: Lead Workers

Article Twenty: Work Clothing and Tools

Article Twenty-One: Sick Leave

Article Twenty-Two: Bereavement Leave

Article Twenty-Three: Jury Duty

Article Twenty-Four: Military Service

Article Twenty-Five: Union Membership

Article Twenty-Six: Union Dues Deduction

Article Twenty-Seven: Reduction in Force

Article Twenty-Eight: Call Outs

Article Twenty-Nine: Part-Time and On-Call Employees

Article Thirty: Leave of Absence

Article Thirty-One: Drug and Alcohol Policy

Article Thirty-Two: Separability of the Contract

Article Thirty-Three: Safety

Article Thirty-Four: Working Relations Committee

Signatory Page

Attachment A: Compensation

Attachment B: Drug-Free Workplace Policy

Article One: Recognition

Section 1: The Communications Workers of America, AFL-CIO, further referred to as the Union, is recognized by GCR, Inc., further referred to as the Company, in accordance with Section 9(a) of the National Labor Relations Act, as amended, as the sole and exclusive bargaining agent for all full-time and part-time/on-call employees employed by the Company at the Naval Support Activity, Panama City Beach, Florida, on the Multi-Function Support Services Contract, excluding all office clerical employees, guards, managers, administrative assistant, professional employees, and supervisors as defined in the Act.

Article Two: Intent and Purpose

Section 1: It is the intent and purpose of this agreement to assure sound and mutually beneficial industrial and economic relationships between the parties thereto, to provide an orderly and peaceful means of conducting negotiations and resolving any misunderstanding of grievances, and to set forth the basic agreement between the parties covering rates of pay, hours of work and other conditions of employment.

Section 2: The Union, the Company and all employees are bound by and hereby pledge their cooperation in observing all provisions of this agreement.

Section 3: This agreement shall be binding upon the parties hereto, their successors and assigns and no provisions, terms or obligations herein contained shall be affected, modified, altered or changed in any respect by the consolidation, merger, sale, transfer, succession of assignment of either party, or affected, modified, altered or changed in any respect by the change in any kind in the legal status, ownership or management of either party.

Article Three: Duration

Section 1: This Collective Bargaining Agreement (CBA) will be a multiple year agreement and shall be effective as of 1 July 2019 with economic considerations to be effective on 1 October 2019. This agreement shall remain in full force and in effect from year to year thereafter until 30 June 2022 unless notice is given in writing of a desire to change, modify or terminate this Agreement by either party to the other party sixty (60) days or more prior to the expiration of this Agreement.

Article Four: Non-Discrimination

Section 1: The Company and the Union both agree not to discriminate against any employee because of either membership or non-membership in the Union or participation or non-participation in the Union's lawful activities. Nor shall the Company discriminate against any employee or group of employees for presenting to their supervisor any complaints, disputes, or grievances, in the manner provided in this Agreement.

Section 2: In a desire to restate their respective policies, neither the Company nor the Union shall discriminate against any employee because of such employee's race, color, religion, sex, sexual orientation, national origin, age, disability, creed, gender, marital status, military status, veteran status, or any other protected characteristic.

Article Five: Union Representative

Section 1: The Company will recognize one Union Representative selected by the Union Local President. In absence of the Union Representative, the Union will appoint one additional bargaining unit employee as Union Steward to perform duties of such office. The name of the Union Representative and Steward shall be provided in writing by the Union within ten (10) days following the effective date of this agreement. Any changes in the identity of the Union Representatives shall be provided by the Union, in writing, as necessary. The Union Representative will be allowed to confer with management during working hours by making an appointment. The Union Representative will be allowed to represent bargaining unit employees during working hours at Investigative Hearings when requested by the employee. When a Union Representative is representing a bargaining unit employee at an Investigative Hearing conducted by the Company, the Union Representative shall suffer no loss of pay. The Union Representative will be allowed time off from work to conduct Union business when a request from the Union is received in writing and approved by the Company at least one working day prior; such approval will not be unreasonably denied. Compensation for this time off will be paid by the Union.

Section 2: The Union Representative will have seniority rights based solely on his/her established Contract Seniority date.

Section 3: When the Union Representative is requested by the Company to be involved in joint Company / Union meetings they will suffer no loss of pay.

Article Six: Bulletin Board

Section 1: The Company will provide one bulletin board for use by the Union. The Union Representative will be responsible for posting items on this board and ensuring only appropriate material is placed on this board. This board will be located in the vicinity of the time clock.

Article Seven: Management Rights

Section 1: The management of the Company and the direction of its working forces, including, but not limited to, the rights to determine whether to establish new jobs, abolish or change existing jobs, increase or decrease the number of jobs and employees, change materials, processes, products, equipment and operations, and sub-contract work shall be vested exclusively in the Company. The Company agrees it will not contract out craftwork to the extent that would result in the lay-off of any regular full-time or part-time employee who would regularly perform such work. The Company shall be the sole judge of applicants of employment, their qualifications and physical fitness. The Company shall have the right to schedule and assign work to be performed and the right to hire and rehire employees, discipline or discharge for any cause not in violation of this Agreement, transfer or layoff of employees because of lack of work or other legitimate reasons. The Company reserves and retains in full and completely any and all management rights, prerogatives and privileges except only as specifically limited by this Agreement, or by applicable Federal, State and Local laws.

Article Eight: No Strike – No Lockout

Section 1: The Union will not cause, engage in, or support any strike, boycott, slowdown, sympathy strike or work stoppage. The foregoing no-strike promise shall cover work stoppages for any reason including alleged or factual unfair labor practices or alleged or actual breach of contract by the Company.

Section 2: Any employee participating in any action contrary to this Article will be disciplined.

Section 3: The Company agrees it will not cause a lockout of employees during the life of this Agreement. It is understood and agreed that a lockout means a voluntary cessation of operations by the Company to prevent employees from working.

Section 4: There shall be absolutely no interference by the Union, its officers, agents, employees or members, to prevent or impede free ingress and/or egress by any person to and from the Company's area of work or the Navy's property or the free and unhindered use of the Company's vehicles or other property.

Section 5: Notwithstanding any Article to the contrary, Sections 1, 2, 3, and 4 of this Article shall not be subject to the grievance or arbitration procedures.

Article Nine: Seniority

Section 1: Contract Seniority is the right of preference with reference to tours, vacations, layoff or recall measured by length of continuous, cumulative service with the Company or its predecessors, at the Naval Support Activity, Panama City Beach, Florida, on the Multi-Function Support Services Contract, as further provided herein.

Section 2: New permanent employees, regardless of classification shall be considered on probation for a period of ninety (90) calendar days from the date of hire. Probationary employees will not earn vacation or sick leave during their probationary period. Any employee may be terminated during his/her probation period without recourse to the arbitration procedures.

Employees requiring a Government clearance or National Agency Clearance (NAC) will be terminated without recourse to the grievance/ arbitration procedure if denied a security clearance or Trustworthy National Agency Clearance (TNAC) by the Government agency issuing the clearance.

(a) If an employee loses their security clearance, thereby rendering them ineligible to perform on the contract, the affected employee shall have the right to request placement on Administrative Leave for a period not to exceed 120 calendar days. During this period, the employee on Administrative Leave must provide the Company Human Resources department with a status update regarding their security investigation at least monthly.

(b) During the Administrative Leave period, all pay/compensation will cease, but Contract

Seniority and Job Classification Seniority will continue to accrue. The employee shall not be entitled to vacation accrual, or sick accrual; however, previously vested vacation may be taken. If the employee regains their security clearance before the 120 calendar days expire, the employee shall be reinstated without any loss of seniority.

Section 3: Following the completion of the probationary period, Contract Seniority shall revert to the employee's original date of hire by the Company in any classification. For Contract Seniority there are two groups: full-time and part-time. On-call employees are considered temporary employees and will not have seniority rights except in the filling of an opening in a permanent position. If more than one person has the same seniority date, the person with the highest last four digits of their social security number will be Senior.

Section 4: Job Classification Seniority will be defined as the continuous length of Seniority held in any particular job classification.

Section 5: Job and/or Shift bidding for a vacancy will be determined by Classification Seniority with rights to job placement/bidding given to the most Senior Qualified employee within their particular Job Classification. When no volunteers exist, the opening, will be filled using reverse Job Classification Seniority until such time as a permanent employee may be hired to fill the vacancy. Daily work assignments shall not be determined by seniority.

Section 6: A Seniority List containing: Employee Name(s), Contract Seniority Date, and Classification Seniority Date (if more than one classification exists) will be furnished to the Union within ten (10) days after the effective date of the Agreement. Additions and deletions will be provided to the Union at six (6) month intervals.

Article Ten: Overtime

Section 1: Overtime shall not be worked unless pre-authorized by management.

Section 2: Time worked in excess of forty (40) hours in any workweek or eight (8) hours in any workday, exclusive of meal periods, shall be considered as overtime and paid at the rate of time and a half.

Section 3: Overtime work shall be distributed among the employees qualified to perform the work necessitating overtime as equitably as possible. Overtime will be offered first by Job Classification Seniority. If no volunteers are identified, overtime will be assigned in reverse order of Job Classification Seniority. The Project Manager will maintain a listing of overtime assignments to ensure an equitable division of hours is achieved annually.

Section 4: Overtime compensation shall be computed on base pay using actual overtime worked to the nearest one-tenth (1/10) hour.

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

If given two (2) hours’ notice to work overtime, an employee is required to work overtime except in cases of bona fide emergencies. Exceptions will be considered on a case-by-case basis.

Section 6: Full time employees sent home by the Project Manager prior to the end of their shift due to lack of work shall be compensated for a full shift.

Section 7: In the event the Naval Support Activity, Panama City Beach, Florida is closed on a day in which an employee is scheduled to work, the employee shall be compensated for the number of hours scheduled provided the Company received compensation from the Government.

Article Eleven: Compensation

See Appendix A

Article Twelve: Vacations

Section 1: Employees shall be entitled to a paid vacation on the following basis:

(a) Following one (1) year of Contract Seniority, vacation entitlement is two (2) weeks (80 hours). On the first day of the month following the first-year anniversary date, the employee will be credited with eighty (80) hours of vacation. Each succeeding month, the employee will accrue 3.08 hours every two (2) weeks to coincide with pay periods (i.e.

3.08 * 26 = 80.08 hrs./year. The overage of .08 will be corrected to total 80 hours at the end of the leave year.)

(b) Following five (5) years Contract Seniority, vacation entitlement is three (3) weeks (120 hours). On the first day of the month following the fifth-year anniversary date, the employee will be credited with an additional forty (40) hours of vacation. Each succeeding month, the employee will accrue 4.62 hours every two (2) weeks to coincide with pay periods (i.e. 4.62 * 26 = 120.12 hrs./year. The overage of .12 will be corrected to total 120 hours at the end of the leave year.)

(c) Following ten (10) years Contract Seniority, vacation entitlement is four (4) weeks (160 hours). On the first day of the month following the tenth-year anniversary date, the employee will be credited with an additional forty (40) hours of vacation. Each succeeding month, the employee will accrue 6.15 hours every two (2) weeks to coincide with pay periods (i.e. 6.15 * 26 = 159.90 hrs./year. An additional .10 hours will be added to total 160 hours at the end of the leave year.)

(d) Vacation credit will accrue during any calendar month to eligible employees who are on active pay status or authorized time off with pay for more than one-half of the calendar month. Employees who are in a Leave Without Pay (LWOP) status for more than one half of the month will not earn vacation for that month.

(e) Employees shall be permitted to split their vacation; however, in splitting vacation after the employee expresses preference for one portion of vacation, the employee will be precluded from selecting the remainder of vacation until all other employees have been given an opportunity to express a vacation preference. Initial selection of vacation preference must be made for each fiscal year (October 1 — September 30) prior to October 1st. Selection will begin August 1st and must be completed by September 30th.

(f) Vacation preferences shall be submitted to the Company for approval and senior employees shall have vacation preferences. The Company will allow as many employees as operational requirements permit to take vacations at any one time. Vacations in excess of two (2) weeks duration are discouraged but will be considered on an individual basis.

Employees will be allowed to take vacation in increments of one hour or more. Once approved by the Company, an employee's vacation shall not be changed except by mutual agreement of the employee and the Company.

(g) Vacation may be accumulated up to a maximum of 160 hours. Employees are encouraged to take leave. Employees may opt to sell back leave in minimum increments of twenty (20) hours but are not allowed to sell back leave below a minimum balance of eighty (80) hours.

(h) Vested vacation hours will be paid out upon employee termination and/or Contract change to a successor contractor as per the Service Contract Act.

Section 2: Part time employees will earn vacation on a pro-rated basis.

Article Thirteen: Holidays

Section 1: The following Holidays will be observed on the same day as observed by the U.S.

Government:

New Year's Day Martin Luther King Birthday President's Day Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas Day

Section 2: Holiday Pay will be based upon an employee's regular weekly work schedule and paid according to the following:

If an employee works 1 to less than 20 hrs. - they will receive 4 hrs. of holiday pay.

If an employee works 20 to less than 30 hrs. - they will receive 6 hrs. of holiday pay.

If an employee works 30 plus hrs. - they will receive 8 hrs. of holiday pay.

Section 3: When a holiday falls within the vacation period, it will not be counted as a vacation day.

Section 4: Employees required to work on a scheduled holiday will be paid one and a half (1-1/2) times the regular rate of pay for all hours worked in addition to regular holiday pay.

Article Fourteen: Breaks and Lunch Periods

Section 1: Full time employees shall receive two (2) fifteen (15) minute paid breaks each workday as follows: 15' break will be between 9:00 AM and 10:00 AM as scheduled by the Company; 2nd break will be between 1:15 PM and 1:45 PM as scheduled by the Company.

Section 2: Full time employees shall receive one (1) thirty (30) minute non-paid lunch period each workday. This lunch period will be taken from 11:30 AM to 12:00 PM.

Section 3: Part time employees assigned to work more than four (4) continuous hours will receive one (1) paid fifteen (15) minute break at the end of the first two (2) hours of work.

Should they be assigned to work a full day in place of a full-time employee, the part time employee will receive the same paid breaks as the full-time employees.

Section 4: Part time employees assigned to work greater than four (4) hours in any one day will receive one (1) thirty (30) minute non-paid lunch period at the end of the first four (4) hours of work.

Article Fifteen: Health and Welfare

Section 1: The Company will pay Health and Welfare (H&W) on all compensated hours up to 2080 hours per year as per the Service Contract Act. H&W monies will be applied toward Employee Benefit Plans to be determined jointly between the Company and Union. The H&W monies are depicted in Appendix A of the CBA.

Section 2: The Company will allocate $.50 per compensated hour up to 2080 hours per year of the H&W benefit paid to each employee as a retirement plan; such monies shall be directed to a company sponsored 401K plan.

Section 3: An Employee may only "opt out" of the Employee Benefit Plan when proof is provided to the Company that the Employee is covered by another actual Medical Benefit Plan.

Section 4: When an employee is authorized to “opt out” of the Employee Benefit Plan pursuant to Article 15 Section 3, H&W monies not utilized for the Employee Benefit Plan may be directed to either the employee’s 401K or paid out “in cash” along with the employee’s regular wages at the discretion of the employee. H&W monies stipulated in Article 15 Section 2 as a retirement plan contribution to a company sponsored 401K shall not be included in any “cash out” election.

Article Sixteen: Discipline

Section1: Employees shall not be disciplined or discharged except for Just Cause. All disciplinary actions with the exception of oral reprimands are subject to the grievance procedure provided for in this Agreement.

Section 2: Any Disciplinary Actions will be in accordance with Company Standards and Conditions of Employment. Each employee will receive a copy of and be briefed by the Project Manager regarding the Standards and Conditions of Employment. Each employee will acknowledge receipt of the briefing and receiving a copy of the Standards and Conditions of Employment.

Section 3: The Company will schedule an Investigative Hearing whenever an employee is perceived to be in violation of this Agreement or the Company's Standards of Employment. The hearing will be scheduled to be conducted no later than three (3) working days following the knowledge of the alleged violation. The employee will be informed of the alleged violation in writing and hearing as scheduled. The Union Representative may be present at the request of the employee.

Section 4: When an employee receives a documented counselling/administrative action, a copy will be rendered to the employee and Local Union President by the HR manager within 3 business days.

Section 5: All documented counseling/administrative actions are to be sent to the HR Manager to be included in the employee's personal information file (PIF) the day created / administered to the employee. Documents shall be retained as follows:

A) Verbal Warning (documented) Nine Months B) Administrative Actions (disciplinary actions/suspensions) Eighteen Months C) Terminations Permanent

Article Seventeen: Grievance Procedure

Section 1: The Company and Union agree to meet at any reasonable time for the purpose of handling grievances of the employees in violation of this Agreement. Any controversy between an employee(s), the Union, or the Company involving the application, interpretation or alleged violation of any provisions of this Agreement, with the exception of those specific articles or provisions that are exempt from this procedure.

Section 2: When the Company requests a meeting with the Union Representative during working hours, the Union Representative will not be docked for time lost in attending such meeting;

however, pay for such meeting shall not extend to hours in excess of eight (8) in one workday and no overtime shall be paid.

Section 3: The Company agrees to recognize one (1) Union Representative at the worksite.

When the Union Representative is unavailable, an alternate Union Steward will serve in the Union Representative's absence. The Union will designate both individuals by letter to the Company within ten (10) working days of this agreement and when personnel changes occur.

Section 4: Grievance Procedure:

In the processing of any grievance, the Company will furnish the Union all necessary and relevant data concerning the grievance as determined by the National Labor Relations Act.

Should the Union or an employee covered by this Agreement disagree with the Company's interpretation or administration of a specific provision of this Agreement, such controversy shall be considered a "grievance" and shall be handled in conformity with the following provisions:

Grievance Steps

First Step: The Informal Grievance Meeting shall be held between the Project Manager or designee and the Union Representative or designee. This meeting is intended to allow both sides to fully explore the incident, develop the facts, state their contentions, clear up any possible misunderstanding and attempt to informally resolve the dispute. The grievance will be filed by the employee with the Union Representative who must request the informal meeting with the Company within fifteen (15) calendar days of the occurrence; otherwise the matter will not be considered a grievance within the meaning of this Agreement. After the informal meeting, the Project Manager shall give a written answer to the Union and the Company Human Resources Manager within fifteen (15) calendar days. If the matter was not resolved at the informal meeting, the Grievance shall be reduced to writing by the Union Representative.

The Grievance shall indicate:

(a) The date of occurrence causing the grievance

(b) The specific violation of the CBA

(c) Be signed by the Union Representative or designee

(d) Be submitted in duplicate to the Project Manager and the Company Human Resources

Manager or designee within twenty (20) calendar days after the date of the First Step Project Manager's decision, thereby advancing the grievance to the second step.

Second Step: The Formal Level Grievance Meeting shall be held within twenty (20) calendar days of the written request from the Union. The Project Manager or designee shall schedule to meet with the Local Union President or designee. All received and shared information presented at the first step shall be sent to the company and the Union. Within twenty (20) calendar days of this Step 2 meeting the Project Manager shall submit an answer in writing to the local Union President.

Third Step: If the grievance is not settled at Step 2, it may be appealed within thirty (30) calendar days of the Company's Step 2 answer by the Union filing a written Notice of Appeal with the Company’s Vice President, Southeast Region. A meeting shall be scheduled between the Company and the Union Representatives within thirty (30) calendar days of filing of the Notice of Appeal. Present at this meeting may be the International Representative, Local Union President or designee, and Company Vice President, Southeast Region and another Company designated representative. Other persons may be present based upon mutual agreement of the parties. The Company will reduce to writing the outcome of the Step 3 meeting within thirty (30) calendar days of the meeting and submit it to the Union International Representative.

NOTE: As mutually agreed, to expedite grievance management, the meetings may be conducted via conference call or video conference.

Article Eighteen: Arbitration

Section 1: If the grievance has been processed in accordance with the requirements of the aforesaid paragraphs and remains unsettled, either party may request arbitration in the following manner:

(a) Within thirty (30) calendar days of the Step 3 grievance response by the Company's Vice President, Southeast Region or designee, either party may request the Federal Mediation and Conciliation Service to furnish a list of seven (7) available arbitrators.

(b) Within thirty (30) working days after receipt of the list of arbitrators, representatives of the Union and Company will alternately strike names; the last remaining name shall be the arbitrator to hear the case. The first party to strike shall be the party seeking arbitration.

Section 2: Any grievance not carried to the next step by the Union within the prescribed time limits or any such extension as may have been agreed to, shall be automatically closed upon the basis of the last disposition.

Section 3: The arbitrator shall not have the authority to alter, amend or change the terms and provisions of the CBA in any way.

Section 4: The decision of the arbitrator, within the purview of this authority, shall be final and binding upon all parties.

Section 5: The reasonable fee and expenses of the arbitrator shall be borne equally by both parties.

Section 6: The time limits set forth in Articles 17 and 18 herein may be extended only by mutual agreement of the parties in writing.

Section 7: No award for back pay shall exceed the amount of pay the employee would otherwise have earned at his/her rate of pay, and such back pay shall not be retroactive to a date earlier than the date of the occurrence of the event that gave rise to the grievance under consideration.

Section 8: Any award shall not exceed the actual loss to the grievant, and will not include punitive damages, overtime, on-call, or other speculative compensation, which might have been earned.

Article Nineteen: Lead Workers

Section 1: A Lead Worker, when designated by the company, is charged with the responsibility of leading, directing, and/or approving and signing for the work of other employees. The Lead Worker is responsible for the quality and quantity of work within the group. The Company may appoint or change Lead Workers based on performance and ability without consideration of seniority.

Section 2: Whenever the Company appoints a Lead Worker, the employee will receive the per hour premium set forth in Appendix A, over the base rate.

Article Twenty: Work Clothing and Tools

Section 1: When employees are required by the Company to wear standard Company coveralls, uniforms, or specialized work clothing, such clothing shall be furnished by the Company, to include work boots. Uniform items provided will only be worn when working for the Company at NSA Panama City Beach. Each employee will receive a minimum of five shirts or five smocks each year.

Section 2: If the Company furnishes uniform items made of "wash and wear" materials, to be routinely washed and dried with other personal garments and do not require any special treatment, such as dry cleaning, daily washing or commercial laundering, there is no requirement to pay maintenance costs. If commercial laundering or dry cleaning is necessary in order to meet the standards set by the Company, the employee will receive twenty-five cents ($0.25) per hour worked but not more than ten ($10.00) per week to defray the cost of meeting the uniform requirements.

Section 3: All hand tools required by custodians assigned to perform floor work will be supplied by the Company.

Section 4: The Company will provide safety toe shoes/boots for all employees through reimbursement. When an employee's shoes/boots require replacement, the employee will get authorization from the Project Manager for replacement to purchase a replacement pair and be reimbursed up to $100.00 annually from the last incidence of reimbursement.

Article Twenty-One: Sick Leave

Section 1: Regular full-time and part-time employees will accrue 1 hour of paid leave for every 30 hours worked, up to 56 hours of paid sick leave in a year.

Section 2: Accrued unused sick leave shall carry over to the following year. However, sick leave will be capped at 160 hours in each accrual year and an employee’s accrual balance shall not exceed 160 hours at any point. Any sick leave accumulated by an employee at termination of employment will not be paid out. Sick leave cannot be sold.

Section 3: Employees may use sick leave to take time off with pay for the following reasons:

(a) A physical or mental illness, injury, or medical condition.

(b) Obtaining diagnosis, care, or preventive care from a health care provider.

(c) Caring for a child, parent, spouse, domestic partner, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship who has any of the conditions or needs for diagnosis, care, or preventive care described in (1) or (2) or is otherwise in need of care.

(d) Domestic violence, sexual assault, or stalking, if the time absent from work is for the purposes described in (1) or (2) or to obtain additional counseling, seek relocation, seek assistance from a victim services organization, take related legal action, including preparation for or participation in any related civil or criminal legal proceeding, or assist an individual related to the employee as described in (3) in engaging in any of these activities.

If the employee is on leave under the Family and Medical Leave Act (FMLA), paid sick leave or paid annual/vacation leave must be used initially as part of the FMLA leave.

Section 4: When an employee desires to use sick leave, the Project Manager shall be called and informed of the expected absence from work, ahead of the nonappearance or within 30 minutes of the beginning of the shift the employee is scheduled to work. Known medical appointments utilizing sick leave hours shall be communicated to the Project Manager at least twenty-four (24) hours in advance of the appointment so the scheduled work may be efficiently accomplished.

Section 5: An employee who has a sick leave absence of three (3) or more consecutive full workdays may be asked to present a doctor’s written certification or documentation for the absence.

Section 6: No sick leave pay shall be paid for less than one (1) hour.

Section 7: An employee shall have the option to use vested vacation time when the employee’s sick leave balance is exhausted. When the employee’s vacation balance is exhausted, the employee may request LWOP. LWOP requests are conditional and solely approved by the Company Human Resources department.

Section 8: This Article Twenty-One is intended to comply with and satisfy the requirements of Executive Order 13706, Establishing Paid Sick Leave for Federal Contractors.

Article Twenty-Two: Bereavement Leave

Section 1: When a death occurs in an employee's immediate family, all regular full-time employees may take up to three (3) days off with pay to attend the funeral or make funeral arrangements for in state funeral and 5 days off with pay for out of state. The pay for time off will be prorated for a part-time employee if the funeral occurs on a scheduled workday. The Company may, in unusual circumstances, require verification of the need for the bereavement leave.

Immediate family members are defined as an employee's spouse, parents, stepparents, sisters, brothers, children, stepchildren, grandparents, father-in-law, mother-in-law, grandchild and domestic partners.

Section 2: An employee who requests an absence to attend the funeral of any other individual will be excused for such time as is necessary under the circumstances when coordinated in advance with the Project Manager. At the employee's option, they may use sick leave or vacation time.

Section 3: The Company understands the deep impact that death can have on an individual or a family, therefore additional non-paid time off may be granted. The employee may make arrangements with his or her manager for additional unpaid days off in the instance of the death of an immediate family member. The consideration for additional unpaid time off may include circumstances such as distance, the individual's responsibility for the funeral arrangements, and the employee's responsibility for taking care of the estate of the deceased.

Individual employee circumstances may be discussed with the employee's manager and Human Resources to determine whether additional considerations are needed. It is the company's intention to support employees during their times of grief and bereavement.

Section 4: For the purposes of this section, a paid bereavement day is constituted as eight (8) hours and shall not cause nor count toward any overtime payments. To obtain this leave as a paid benefit, the Company shall receive proof of the necessity for any bereavement leave granted pursuant to this section upon the employee's return to work, and where applicable, additional proof of out-of-state travel incurred by the employee.

Article Twenty-Three: Jury Duty

Section 1: Employees who serve as jurors shall receive their regular straight time rate for scheduled work missed upon submission of proof of attendance.

Section 2: Employees summoned to jury duty and thereafter dismissed before noon on the day served will be required to return to work for the remainder of their shift.

Section 3: Employees on night shift who are summoned to jury duty and are dismissed before 1 pm on the day served will be required to return to work.

Article Twenty-Four: Military Service

Section 1: Any employee who is drafted for military service or training in the Armed Forces of the United States or its subdivisions, shall upon completion of such service or training be restored to the exact status formerly held with any applicable wage increases as if employment had not been interrupted.

Section 2: The Company will follow all rules regarding USERRA for employees who are members of the National Guard or Military Reserve.

Article Twenty-Five: Union Membership

Section 1: The Union will represent all employees in the bargaining unit. Membership in the Union will be determined by choice of the bargaining unit member. The Company will inform the Union in writing of each employee hired. The Union can contact the employee during off shift hours and solicit membership. An employee does not have to become or remain a member of the Union to work on the project covered by this agreement.

Article Twenty-Six: Union Dues Deduction

Section 1: Each employee who is a member of the bargaining unit shall, as a condition of employment, pay or tender to the Union amounts equal to the periodic dues applicable to Union members beginning the first pay period after hire. Failure of an employee to comply with this requirement shall, upon written request of the Union, result in termination of such employee.

Section 2: It is understood this Article in no way requires the employee to become or remain a member of the Union; rather, as a condition of employment, all employees shall pay either Union dues or the equivalent Agency/Shop fee.

Section 3: The Union shall indemnify the Company and hold it harmless from any claims, suits, or other liabilities, including reasonable attorney's fees and costs incurred in connection with such claims because it relied on Union authorization (check off) forms or any written information given to it by the Union in connection with this Article.

Section 4: The Company agrees to deduct each month the regular monthly Union dues and/or initiation fees, as provided for in Section 1 and Section 6 of this Article, from the pay of those employees covered by the Collective Bargaining Agreement, employed in a pay status during the said month, and furnished the Company a Union authorization form. The Union dues formula is 1.15% of hourly base pay to be use in these deductions. The Union shall furnish the Company a letter stating the Union dues formula to be used in these deductions if the preceding formula changes.

Section 5: The Union shall furnish the Company by the fifteenth (15) day of each month any authorizations, which have been executed. Each authorization form shall contain the name, social security number and signature of the employee executing the form.

Section 6: The Company shall deduct one half of the dues from the first pay period each month and one half of the dues from the second pay period each month provided the deduction has been properly authorized as outlined above and sufficient earnings remain to cover the Union dues after all deductions required by law; such deductions shall continue in a like manner thereafter.

For those months with three pay periods the Company will not deduct dues the third pay period.

Section 7: The Union accepts all responsibility for the authenticity of each authorization form.

Any authorization form found incomplete or in error will be returned immediately to the Union for correction.

Section 8: Deductions shall be remitted to the financial officer properly designated by the Union not later than the thirtieth (30) day of each month. The Company will furnish a list of those employees for whom dues deductions have been made with the payment to the Union.

Article Twenty-Seven: Reduction in Force

Section 1: The size of the workforce will be determined by contract requirements and Company manning plans. The Company will maintain its workforce at a sufficient level to ensure services required by its contract are properly supplied.

Section 2: Should a reduction in force be required, the Company will first seek volunteers for the reduction. If no employee volunteers for the reduction, the Company will lay off employees according to Contract Seniority within the affected job classification as necessary.

Section 3: Employees laid off will remain eligible for rehire for six months from the date they are laid off. They will be offered rehire in order of Contract Seniority. Rehire notices will be sent by registered mail to the last known address. Those not responding within ten (10) days of delivery will be removed from the rehire list. It is the employee's responsibility to maintain an accurate address on file with the Company.

Section 4: Part time employees will be laid off first. If a full-time employee voluntarily chooses to become a part time employee at any point, he/she may not bump back to full time status to avoid a lay off regardless of seniority held. An employee when laid off will be assigned an On- Call seniority date and go on the On-Call List.

Article Twenty-Eight: Call Outs

Section 1: A call out is defined as: calling in a regular full time or part time employee to perform work for the Company during hours not scheduled for in advance. Having an employee remain after their regular shift is not considered a call out.

Section 2: An employee who is called out will receive a minimum of two (2) hours pay.

Section 3: An employee who is called out after 3:00 PM and before 6:30 AM (unless this corresponds to their regular scheduled shift) will receive a minimum of three (3) hours pay and be paid time and one half (1-1/2) for all hours worked.

Article Twenty-Nine: Part-Time and On-Call Employees

Section1: Part-time employees will have a seniority system based on their Contract Seniority within the part-time employee group.

Section 2: Part-time employees have the same displacement rights and reduction-in-force procedures applicable to full time employees. Bumping will only occur laterally or downward in any Job Classification when an employee is qualified for the job bumping into and is "senior" by Contract Seniority date to the person bumped within the Job Classification and part time employee group.

Section 3: Part-time employees who obtain a full-time job with the Company will retain their Contract Seniority date.

Section 4: Part-time employees are permanent personnel hired for work schedules less than 35 hours per week. If a part time employee is used to fill in for a full-time employee absent from work, the part time employee may work the full-time schedule for up to sixty (60) working days but will remain a part time employee.

Section 5: An On-Call employee is identified as an employee who is called to work an undetermined number of hours per week, as the need arises, as determined by the Employer.

When the Company establishes new positions or vacancies for part time employment, the senior qualified On-Call employee will be given first opportunity for employment. On-Call employees will earn pro-rated holiday pay if working the week before or of the holiday. On-Call employees will earn pro-rated vacation based on hours worked. On-Call employees do not receive sick leave.

Section 6: When a full-time position comes open, the Senior Qualified part time employee will be given the first opportunity to fill the position.

Article Thirty: Leave of Absence

Section 1: Upon receipt of clear medical documentation, the Company Human Resources Manager will approve an employee's unpaid leave of absence for up to thirty (30) working days in one calendar year for medical reasons of the employee or an immediate family member. Under extenuating circumstances this leave of absence may be extended with the approval of the Company Human Resources Manager. While on approved absence, the employee's seniority shall accumulate. An employee cannot be placed on a leave of absence until all earned sick leave and vacation is exhausted.

Section 2: Upon written request of the President of the Local, any employee elected or appointed for full time Union activity shall be granted a leave of absence without pay, not to exceed one year. Seniority will accumulate during the period of such leave.

Section 3: While on leave of absence under Sections 1 and 2 above, if an employee accepts any employment other than what was specially approved in writing by the Company for the leave of absence, the employee will be considered to have resigned without notice.

Article Thirty-One: Drug and Alcohol Policy

Section 1: The Company and the Union agree the use of illegal drugs and alcohol will result in the presence of substances in the body that lower a person's productivity, affect coordination, slow reflexes and may cause accidents. Accordingly, the Company and the Union agree to maintain a drug and alcohol-free work environment.

Section 2: The Drug Free Workplace Policy per this Agreement is in Appendix B.

Section 3: The Company and the Union agree; violations of the Company's Drug Free Workplace Policy shall result in an employee being disciplined up to and including termination.

Employees’ retain their right to union representation.

Article Thirty-Two: Separability of the Contract

Section1: Should any provision of this Agreement be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by reason of any decree of a court of competent jurisdiction, such invalidation of part or parts of the Agreement, shall not invalidate the remaining portions hereof and the said remaining portions shall remain in full force and effect.

Section 2: In the event any portion of this Agreement is deemed invalid pursuant to Section 1 the parties agree to bargain on a possible substitute.

Article Thirty-Three: Safety

Section 1: The Company to make every reasonable effort to provide employees a safe and healthy working environment.

Section 2: If Company requires employees to use or wear safety equipment, the Company will provide such equipment. This does not include personal safety attire such as prescription glasses.

Section 3: Employees will immediately notify the Project Manager/supervisor of work-related incidents/accidents.

Section 4: An employee who becomes injured on the job or has reason to believe they have been injured shall notify their Project Manager/supervisor immediately.

Section 5: An employee who fails to follow established safety practices shall be subject to discipline up to and including termination.

Section 6: If an unsafe or unhealthy working condition exists in the work area, any employee shall immediately report the condition to the Project Manager/supervisor. The Project Manager shall investigate, and take action deemed appropriate.

Section 7: The Company shall notify the Union Representative of any on-the-job accidents.

Article Thirty-Four: Working Relations Committee

Section 1: A Working Relations Committee will be created for the purpose of discussing broad concerns of mutual interest of the parties. Committee proceedings will not be used in lieu of the grievance or arbitration procedures.

Section 2: The committee shall consist of no more than three (3) representatives designated by the Company and no more than three (3) represented by the Union (limit to one Company employee).

Section 3: In connection with attendance at Working Relations Committee meetings, the employee representative designated by the Union shall suffer no loss in pay for time consumed in, and necessarily consumed in traveling to and from these meetings. Meetings will be conducted in Panama City, FL or vicinity unless another location is mutually agreed to.

Section 4: The Committee may meet every six (6) months upon request of either party, or more frequently upon mutual agreement of the parties, to discuss a mutually agreed agenda.

Section 5: Discussions and decisions of the Committee shall not add to, subract from or modify in any manner whatsoever the terms and conditions of this Agreement nor shall they constitute mid-term bargaining or be subject to the grievance and arbitration provisions of this Agreement.

Attachment A: Compensation

Wage Base Rate (4%)

Job Classification: Custodian Current 1 Oct 19 1 Oct 20 1 Oct 21

0-2 Years $13.40 $13.93 $14.49 $15.07

2-5 Years $13.58 $14.12 $14.68 $15.27

5-10 Years $14.00 $14.56 $15.14 $15.75

10+ Years $14.65 $15.23 $15.84 $16.47

Shift Differential

Custodian Current 1 Oct 19 1 Oct 20 1 Oct 21

Second Shift (3PM to 12AM) $0.55 $0.60 $0.65 $0.70

Third Shift (12AM to 6AM) $0.85 $0.90 $0.95 $1.00

Floor Maintenance Premium Pay

For all hours worked when using buffer, burnisher, dry foam cleaner, extractor machine

$0.55 $0.60 $0.65 $0.70

Lead Pay

For all hours worked as Lead when so designated by Company $1.15 $1.20 $1.25 $1.30

Health and Welfare

Job Classification Current 1 Oct 19 1 Oct 20 1 Oct 21

Custodian $6.00 $6.00 $6.00 $6.00

H&W shall be stabilized at $6.00 unless the Health Care cost to the employees under the sponsored plan exceeds the H&W allocated toward the benefits contained herein. If this should occur an “Opener” to bargain a commensurate H&W increase shall occur and be enacted on the next exercised contract option period.

Per Article 15 Section 2: The Company shall allocate $0.50 per hour worked of the H&W benefit paid to each employee as a retirement plan; such monies shall be directed to a Company sponsored 401K plan.

Attachment B: Drug-Free Workplace Policy

The Company believes it is very important to provide a safe workplace for all of its employees and is taking steps to address the problem of substance use that negatively affects every workplace. Our Company is concerned with the health and well-being of all employees. We can't condone and won't tolerate behavior on the part of employees related to substance use, such as:

Use of illegal drugs;

Misuse of alcohol;

Sale, purchase, transfer, use or possession of any illegal drugs;

Arrival or return to work under the influence of any drug (legal or illegal) or alcohol to the extent that job performance is affected.

Management is fully committed to the Company's Drug-Free Workplace…