N6945023R0075_CBA-2021-404.pdf
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- Attached to
- Multi-Function Support Services (MFSS) at Naval Submarine Base (NSB) Kings Bay, Georgia Federal contract opportunity
- Solicitation number
- N6945023R0075
About this file
This collective bargaining agreement outlines the terms of employment for custodial and maintenance staff working on a multi-function support services contract at Naval Submarine Base Kings Bay in Georgia. The agreement establishes guidelines for wages and benefits, seniority, leave policies, health and safety standards, and a grievance procedure. Key provisions include a wage scale ranging from $19.70 to $21.34 per hour based on classification and experience, employer-provided health insurance funding between $50-65 per month, and a paid time off accrual schedule granting employees between 5.23-11.39 hours biweekly depending on tenure. The agreement is effective from October 2021 through September 2025 and governs the relationship between the contractor, Government Contracting Resources, and union representative Transport Workers Union Local 526.
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Collective Bargaining Agreement
Between
Government Contracting Resources, Inc.
315 Page Road
Pinehurst, NC 28374
Employer at
Naval Submarine Base Kings Bay, GA
And
Transport Workers Union of America, AFL-CIO Local 526
107-B Industrial Drive St. Mary’s, GA 31558
Effective October 1, 2021 through September 30, 2025
Contents Preamble
Article 1: Intent and Purpose of Agreement
Article 2: Recognition
Article 3: Duration
Article 4: Separability of the Contract
Article 5: Non-Discrimination
Article 6: Management Rights
Article 7: No Strike-No Lockout
Article 8: General
Article 9: Administrative
Article 10: Military Service
Article 11: Dues Deduction
Article 12: Seniority
Article 13: Work Clothes and Tools
Article 14: Working Week
Article 15: Leave of Absence
Article 16: Absence from Duty
Article 17: Overtime Compensation
Article 18: Welfare Package
Article 19: Jury Duty
Article 20: Paid Time Off
Article 21: Holidays
Article 22: Variance with Prevailing Wage Rates
Article 23: Wages
Article 24: Grievance Procedure
Article 25: Arbitration
Article 26: Drug-Free Workplace
Article 27: Discipline Procedure
Article 28: Safety
Article 29: Part-Time Employees
Article 30: Workers Compensation
Preamble This Agreement is entered, effective upon ratification, with the exception of the economic conditions, which take effect on the 1st day of October, 2021, by and between, Government Contracting Resources, Inc., its successors and assigns (hereinafter referred to as the Company), at the Kings Bay Submarine Base in St. Mary’s, Georgia, and the Transport Workers Union of America, AFL-CIO, Local 526, their successors and assigns (hereinafter referred to as the Union), as the sole and exclusive representative for collective bargaining of the employees covered by this Agreement.
Article 1: Intent and Purpose of Agreement 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, wages, hours of work and other conditions of employment.
The Union, the Company and all employees are bound by and hereby pledge their cooperation in observing all provisions of this Agreement.
The 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 a change in any kind in the legal status, ownership or management of either party.
Article 2: Recognition The National Labor Relations Board having duly certified the Transport Workers Union of America, AFL- CIO, on the 8th day of June 1981 in Case No. 10-RC-12293, 10-RC-12298, the Company now Recognizes the Union 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 Janitor/Custodian and Floor Maintenance employees employed in their service operations at Kings Bay Submarine Base, St. Mary’s, Georgia, but excluding all office clerical employees, professional employees, managerial employees, and supervisors as defined by the Act. Should the Company establish new job classifications, which are appropriately within the scope of this bargaining unit, the Company will negotiate with the Union concerning such new classifications.
Article 3: Duration This agreement shall be effective as of October 1, 2021 and shall remain in full force and effect until September 30, 2025 and from year to year thereafter, unless notice is given in writing of a desire to change or 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 4: Separability of the Contract Should any provision or provisions 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 such part or parts of this Agreement shall not invalidate the remaining portions hereof and the said remaining portions shall remain in full force and effect.
Article 5: Non-Discrimination Section 5.1 The Company agrees it will not discriminate against any employee because of either membership or non- membership in the Union or 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 Article 24.
Section 5.2 The Union agrees that neither it nor any of its officers or members will intimidate or coerce employees to membership in the Union, and the Company agrees that neither it nor any of its supervisors will intimidate or coerce employees into not joining the Union.
Section 5.3 In accordance with the established policy of the Company and the Union, the provisions of this Agreement will apply equally to all employees regardless of sex, age, color, race, creed, national or ethnic origin, marital status, handicap or status as a disabled or Vietnam veteran in accordance with applicable state and federal laws.
Article 6: Management Rights 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, shall be vested exclusively in the Company. The Company shall be the sole judge of applicants of employment, their qualifications and physical fitness. Subject to the first 5 provisions of this Agreement, 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 the Agreement, transfer or layoff of employees because of lack of work, a change in the nature of the work due to government requirements. 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 7: No Strike-No Lockout Section 7.1 The Union will not cause or engage in any unauthorized strike, boycotts, slowdowns, sympathy strikes or work stoppage. The foregoing no-strike promise shall cover work stoppages for any reason including alleged or actual unfair labor practices or alleged or actual breach of contract by the Company.
Section 7.2 Any employee participating in any action contrary to this Article may be disciplined. It is understood any discipline may be subject to the grievance and arbitration procedures set forth in Articles 24 & 25.
Section 7.3 The Company agrees that 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 7.4 Notwithstanding any article to the contrary, Sections 1, 3, 5 and 6 of this article shall not be subject to the grievance or arbitration procedures.
Section 7.5 Should a strike, picketing, slowdown or stoppage of work or other interference occur, the Union shall be notified.
Section 7.6 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 or prime contractor’s vehicles, or other property.
Article 8: General Section 8.1 An employee who is temporarily assigned by the immediate supervisor to perform the duties and accept the responsibilities of a job classification in a labor grade which has a higher wage scale shall be paid the rate of the established scale for said job classification. An employee who is temporarily assigned by the immediate supervisor to perform the duties of a job classification, which has lower wage scale, shall be paid his/her regular scale during such assignment. Job classifications are Custodian and Floor Maintenance.
Section 8.2 Payment of wages shall be made during working hours. The Company will provide a Direct Deposit system at the Kings Bay project that is mandatory in the future for all persons hired after the ratification of this Agreement and for persons who select Direct Deposit.
Section 8.3 The Company has the option of utilizing a Professional Employer Organization (PEO) or other payroll service. Such arrangement does not invalidate the terms of this Collective Bargaining Agreement, nor does it extend the parties of this Agreement beyond the Employer and the Union.
Section 8.4 A Lead Person is charged with the responsibility of leading, directing, and/or approving and signing for the work of other employees. The worker is responsible for the quality of his/her work while the lead is responsible for monitoring the safety, quality, and quantity of work within the workforce.
Section 8.5 Whenever a Company appoints a Lead Person, he/she will receive a premium pay per hour over his/her classification rate. Lead Premium Pay rate is referenced in Article 23 – Wages. Once the Company appoints a Lead Person, he/she may not have his/her lead taken away except for just cause as defined in Article 27, Discipline, or due to lack of lead type work or when nature of the work changes due to government requirements. This will in no way inhibit the Company from appointing temporary leads to cover vacations and personal leave of regular leads or the need for leads on specific jobs. A Lead Person is defined as a person who is appointed by Management and who, as a part of regular responsibilities, gives direction to coworkers, at the instruction of the Supervisor. The Lead Person shall have no power or right to hire or fire but may have the obligation to report the job performance of employees with whom he/she is working to a Supervisor. The Lead Person may do any kind of work customarily performed by members of the bargaining unit so long as he/she is paid accordingly. A Lead Person who may have the lead portion of his/her job taken away will have the first right of refusal for the next available lead position.
Section 8.6 Management will not do productive work except in the following situations:
a) Emergencies, where Emergency is considered as any situation where failures demand immediate action to avoid degrading command mission capability; creating waste; harm to natural resources; or constitutes an immediate danger to personnel or property.
b) Training new employees.
c) Minor work that can be performed on the spot that is necessary to correct unsatisfactory work found by company/government inspectors.
Section 8.7 The Union shall have the right to confer with management on heating, lighting, and ventilation facilities, on transportation to and from station, on eating and drinking facilities, and on sanitary and safety conditions.
Section 8.8 The Company shall print copies of this Agreement in an appropriate booklet and shall give a copy to each employee within sixty - (60) days of the date of this Agreement unless prevented from doing so by circumstances beyond its control and shall furnish a copy of this Agreement to each new employee hired in any classification covered thereby. The Company will furnish a sufficient number of copies of the Collective Bargaining Agreement, the reasonable costs of which to be borne by the Company.
Section 8.9 When the Company uses time clocks and time cards, or an Electronic Time Collection Medium, they shall be installed in convenient locations. If a time clock or Electronic Time Collection Medium is out of commission, all time will be written in and initialed by Management.
Section 8.10 Full-time employees terminated without cause will be entitled to two (2) week’s severance pay calculated at forty (40) hours per week times their base rate as set forth in Article 23, provided they have one (1) year of continuous service with the Company. Part-time employees will not be entitled to severance payment. No severance payment will be paid those who are hired or not hired by a new successor contractor in case of contractor change.
Section 8.11 The employer agrees to establish reasonable work rules. The Union reserves the right to grieve the application or reasonableness of any work rule so established. These work rules shall not conflict with any of the provisions of this Agreement. Newly established work rules or amendments to existing work rules shall be reduced to writing and furnished to the Union at least ten calendar days prior to the effective date of the rule. For purposes of this article, work rules and regulations are with respect to disciplinary action, facility procedures and regulations and conduct on the facility.
When mutually agreed upon between the Union and the Company, an on-site meeting to discuss work rules will be held to include the Company and union representative with the union president or union vice president as available. This will include any health-related work conditions.
The meeting will take place within five (5) business days after notification by the Company of proposed work rule change.
Section 8.12 Union officials shall have the right to enter the premises to satisfy themselves that this agreement is being observed provided such union officials notify the manager’s office in advance. Visits shall not be of a disruptive nature to impede company operational requirements.
Section 8.13 When a non-probationary employee is assigned to train a new probationary employee, he/she will be designated as a Trainer for the duration of that shift and as such will receive Trainer pay at the rate referenced in Article 23 – Wages. Training of the same probationary employee will be limited to a maximum of three full shifts or a minimum of one full shift as determined by the Supervisor scheduling the training. The Trainer will be provided a Training Plan that must be accomplished during the period assigned. The Trainer will be required to train using discussion, demonstration, and observation of the tasks listed on the Training Plan.
Article 9: Administrative Section 9.1 The Shop Stewards will be allowed up to eight (8) hours a month off with pay cumulatively to conduct official Union business, confer with Union officials, and attend Union meetings. This time off should be requested, when possible, at least one (1) working day in advance of the time needed off. There will be two (2) Stewards of which one will be designated the Chief Steward.
Section 9.2 All the non-economic provisions of this Agreement will be effective upon execution and ratification by the Company and the Union, with the economic provisions effective on October 1, 2018. All obligations of the Company, except those outstanding issues unresolved with regards to grievances concerning wages, back pay, or discipline, not to include reinstatement, under this Collective Bargaining Agreement shall cease if the Company loses its subcontract for Custodial Services at Naval Submarine Base, Kings Bay.
Section 9.3 Shifts may be bid once per year in January or when one of the following takes place. A permanent schedule change or a new, permanent shift is added. A shift is determined by the starting time of the shift. Those positions with identical starting times are considered to be the same shift. The employee bidding for the shift must be in the same classification and fully qualified for the job. If shifts are bid, assignments will be according to the employee’s seniority date Particular routes or particular assignments cannot be bid.
Article 10: Military Service Section 10.1 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, including any wage increases, that he/she would have had if his/her employment had not been interrupted.
Section 10.2 An employee who is a member of the National Guard or Military Reserve will be granted a leave of absence when ordered to active duty for annual training and will be paid the difference, if any, in pay between his/her military pay and their regular pay for a maximum of two weeks per government fiscal year.
Article 11: Dues Deduction Section 11.1 All employees shall, as a condition of employment, be required to make periodic tender of money to the Union in an amount not to exceed the cost of collective bargaining and representation. The first such tender to be made within fifteen (15) days following the thirtieth (30th) day of their employment by the Company or the effective date of this Agreement, whichever is later. Failure of an employee to comply with this requirement shall, upon written request of the Union, result in the termination of such employee. This Section shall not preclude any employee who wishes to voluntarily become a member of the Union to do so.
Section 11.2 It is understood and agreed that this Article in no way requires the employee to become or remain a member of the Union as a condition of employment. This provision shall not apply if law prohibits such requirement for continued employment. If a court of competent jurisdiction in the future declares the terms of this Agency Shop unlawful, the provisions of the Article shall not apply.
Section 11.3 The Union shall indemnify the Company and save it harmless from any claim, loss, damage, cost or expense arising out of the discharge of the employee or deductions made pursuant to this Article, and the Company shall not be required to make an investigation of but shall be entitled to rely on the representation made by the Union with respect to the discharge of any employee for failure to comply with the requirements set forth in Section 11.1 of this Article. In the event it is determined by any proper judicial or quasi-judicial forum that any employee was improperly discharged, or a deduction(s) improperly made by the Company acting on the Union’s advice, the Union will indemnify and hold the Company harmless from any and all claims.
Section 11.4 The Company agrees to deduct each pay period the regular monthly Union Dues and/or initiation fees, as provided for in Section 11.1 of this Article, commencing with the dues deduction for the authorized month, required as a condition of continuing employment, from the pay of those employees who are covered by the terms and conditions of the Collective Bargaining Agreement, and who are employed during said month, and who shall have executed and furnished the Company an authorization in the form, furnished by the Union.
Section 11.5 The Union shall furnish the Company the 15th day of each month any authorizations, which may have been executed. As provided in the authorization form, it shall contain the name, signature and social security number of the employee executing the form.
Section 11.6 Deductions shall be made from the first paycheck received each month by the employee, provided that deduction has been properly authorized as outlined above and provided further that sufficient earnings remain to cover the Union dues after the deductions required by law and such deductions shall continue in like manner thereafter, except as qualified herein.
Section 11.7 The Union accepts all responsibility for the authenticity of each of said authorizations and any said authorizations, which are incomplete or in error will be returned to the Union immediately for correction.
Section 11.8 In cases where deductions for dues are made from the pay of any employee who has previously paid such duties, the Union will make refund directly to such employee.
Section 11.9 Deductions shall be remitted not later than the 25th day of each month in which the deductions are made to the financial officer who shall be properly designated by the Union. The Company shall also furnish each month to local financial officer two (2) copies of a list of those employees for whom dues deductions have been made.
Article 12: Seniority Section 12.1 New employees regardless of classification shall be considered on probation for a period of ninety
(90) calendar days from the date of hire. Any employee may be terminated during his/her probation without recourse to the grievance or arbitration procedures. The union and the employer recognize the requirement for a TNAC and/or security clearance as a condition of employment and further, acknowledge failure to obtain and maintain the required clearances will result in termination of employment, without recourse to the grievance/arbitration procedure.
The Company and the Union further acknowledge that employees who have one year or more of service and have been previously adjudicated as acceptable under personal security requirements and who find their clearance is being challenged or revoked may request at least 365 calendar days to address the clearance issue from the date of notification of clearance revocation, assuming base access is still permitted. Employees will be placed in a part-time status while resolving their issue.
Work assignments will only be provided based on their reduced clearance status. If the employee was a full-time employee their position will be held open during this period. Full-time seniority date will remain during the appeal process.
Section 12.2 Seniority shall commence with the date of employment on Kings Bay in any classification hereunder.
A Kings Bay Hire Date (hereinafter KBHD) shall be assigned to each employee for economic purposes and may be separate from that employee’s seniority date by virtue of movement from part-time to full-time or vise-versa. The KBHD will not change when a change in status (i.e., part-time to full-time) occurs unless the employee has a break in service with the term “break in service” meaning a resignation or a termination for cause. A new KBHD will be assigned to all rehires unless the rehire is associated with a return to work from a RIF. For seniority there are two classes of employment status, full-time and part-time. 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. If a part- time employee becomes full-time, his/her seniority date will be the date the employee first worked as a full-time employee.
Section 12.3 If a reduction in force is necessary, the junior employee or employees in the job classification performing the type of work being reduced shall be laid off. Full-time employees affected by a reduction in force (RIF) in their affected classification will be notified of their impending layoff. Said notice will be given as far in advance of the layoff as practical. The affected employee/s will be permitted to bump, laterally or downward, the least senior employee in a classification for which he or she meets the minimum qualifications. Full-time employees shall be permitted to bump laterally or downward to a part-time position should one exist. If a full-time employee is laid off due to a reduction in force, that employee will have the right to bump the junior part-time employee in his/her classification and take the part-time position. The former full-time employee will have recall rights to his/her original full-time position for one year following his/her reduction to part-time- status. If the full-time employee does not desire a part-time position, he/she will have recall/rehire rights in accordance with Section 12.4.
Section 12.4 Seniority rights of an employee who on the date they are laid off, who has less than ninety (90) days of service under this Agreement, shall terminate with no recall/rehire rights. Seniority rights of an employee who on the date of their lay-off, has ninety-one (91) days or more of service under this Agreement shall be placed on a recall list, based on seniority, for the next twelve (12) months.
Section 12.5 Recall after a layoff shall be in accordance with the seniority of the employee laid off to the extent that they are qualified. The Company shall send a notice of rehiring by certified mail to the last known address on file, and if the employee fails to report to work within ten (10) calendar days after the registry date of the recall letter, he/she shall lose all seniority rights.
Section 12.6 Seniority shall govern choice of regularly scheduled days off, when not rotated.
Section 12.7 An employee who accepts an assignment in a supervisory capacity at the Kings Bay project with the company, and who has accrued seniority under the Agreement at the time of such assignment, shall retain the seniority accrued for a period of six (6) months from the date of such assignment. During the six (6) month period, he/she shall have the right to return to the last position he/she held in the collective bargaining unit unless a RIF has occurred. In that event, he/she will be returned to the position to which his/her seniority entitles him/her to displace the classifications under the Agreement to the extent he/she is qualified. If the employee returns to the bargaining unit, if necessary, the company will have the right to terminate the junior employee in the classification affected to make a position for the employee to return to. In the event he/she does not displace during such period, he/she shall lose all seniority under the Agreement.
Section 12.8 A non-bargaining unit employee going to a bargaining unit position will retain his/her original Kings Bay Hire Date for vacation accrual purposes.
Section 12.9 Before any new employee is hired in any labor classification, employees of that same employer covered by this Agreement shall be given an opportunity to qualify for such job openings in accordance with their seniority and their qualifications per the job description. All job openings in all labor classifications shall be posted conspicuously for three (3) weekdays, reposting after sixty
(60) calendar days if not filled. Any employee wishing to fill a job opening shall notify the Company in writing within the prescribed time limits above. The senior qualified employee shall be awarded the opening.
If an internal candidate is selected their former position will be held open for two weeks to prove their qualifications. and to ensure their desire for the new position.
Section 12.10 An employee, who is discharged for cause, accepts employment with the Company under another Collective Bargaining Agreement, or who resigns from the service of the Company, shall lose all seniority rights and recall rights.
Section 12.11 Seniority lists, giving name, seniority date, job classifications, and accrued PTO time will be furnished to the union within 30 days after the effective date of the Agreement. Additions, deletions and address changes will be provided to the Union as they occur and/or are reported in writing to the Company. Updated list will be provided to the union at six (6) month intervals.
Article 13: Work Clothes and Tools Section 13.1 Employees may be required to wear clothing that is reasonably suitable and safe for the type of work they are assigned. With the exception of Safety Shoes for Floor Maintenance Employees, the company will provide all required Personal Protective Equipment required to be worn on the job site.
The company will reimburse Floor Maintenance Technicians for the costs of Safety Shoes as explained below.
In Facilities where safety shoes are required to be worn by the customer, the company will provide ANSI Approved shoe toe covers that will be suitable for the type of work being performed and acceptable to meet the customer’s requirement for safety shoes. Employees will not enter areas requiring safety shoes without wearing the provided shoe covers or approved safety shoes.
Floor Maintenance Technicians will be required to wear hard toe safety shoes with slip resistant soles. Floor Maintenance Technicians will be reimbursed up to $150.00 per year for the purchase of safety shoes between the months of October 1st of each year through September 30th of the following year. Floor Maintenance Technicians may remit as many receipts as may be needed during the year for the purchase of the appropriate shoes for a total cumulative value not to exceed the allotted $150.00 allowed for the period. Proof of purchase and verification of proper types of shoes will be required for reimbursement. New Floor Maintenance Employees will be required to purchase safety shoes to begin working and will receive reimbursement only after completing their 90-day probationary period.
A Custodian temporarily performing floor maintenance will be required to wear ANSI approved shoe toe covers supplied by the company during the period assigned to floor maintenance work.
Section 13.2 Where employees are required by the Company to wear standard Company coveralls, uniforms, or specialized work clothing, such clothing shall be furnished by the Company and the Company will pay each employee twenty cents (.20) an hour but not more than $9.60 per week, to defray the cost of keeping their uniforms clean. If the Company maintains such clothing, no reimbursement will be made.
Section 13.3 In those instances where the uniforms furnished are made of “wash & wear” materials, may 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 in order to meet the cleanliness or appearance standards set by the terms of the Government contract by the contractor, by law, or by the nature of the work, there is no requirement to pay maintenance costs.
Section 13.4 Company will provide a GCR-approved badge that will be worn on the front of the shirt in plain view in the left upper portion. Up to two replacement badges will be provided each contract year.
If additional badges are needed the employee is responsible to replace the Company-approved badge.
Employees failing to wear their approved badge will be sent home as unpaid time to recover their badge.
Section 13.5 Employees will comply with the project dress code.
Article 14: Working Week Section 14.1 The workweek shall consist of seven (7) days beginning immediately after 0001 hour on Monday and ending at 2400 hour the following Sunday. The regular weekly work schedule shall consist of five
(5) work days of eight (8) hours each, exclusive of meal periods, in the workweek. Employees shall be paid bi- weekly. Hours of shift other than eight (8) may be adjusted as agreed upon between the parties. In the event a dispute arises concerning the length of the workday as it relates to lunch periods, the Company may implement its requirement if agreement cannot be reached and the Union is free to bring the issue forth under the grievance procedure.
Section 14.2 The normal workweek shall consist of seven (7) consecutive days beginning at 12:01 a.m. on a specific day for each employee, and the regular weekly work schedule shall consist of five (5) workdays of eight (8) hours each, exclusive of meal periods, in his/her workweek. Pay periods shall begin on a specific day and employees shall be paid bi-weekly.
Section 14.3 Each employee shall be scheduled so as normally to be off duty the last two (2) consecutive days of his/her workweek.
Section 14.4 Where employees are required to maintain continuous operation of departments or assignments, days off may be fixed or rotated consistent with the requirements of the service. The Company will make every reasonable effort to arrange work schedules so that a maximum number of employees will be off duty on Saturdays and Sundays consistent with operational requirements.
Section 14.5 All time worked in continuous tour of duty, including overtime, shall be considered as work performed on the workday within which the tour of duty is started.
Section 14.6 Changes in hours or assignments to shifts may be made whenever necessary. Except in an emergency, a five-day (5) notice shall be given in advance of such changes.
Section 14.7 In the establishment or changing of the starting time for the commencement of shifts, the Company will consider among other items, the desires of the employees involved.
Section 14.8 Any employee reporting to work and notified by the Company to cease work due to a hurricane or any other natural emergency, will be paid a minimum of four (4) hours. Phone notification given at least two (2) hours prior to the regular starting time of their shift not to report shall be presumed conclusively to have been received by all employees to whom such notification is directed, and any employee affected by such notice who thereafter reports shall not be entitled to pay thereafter.
Section 14.9 Any full-time employee hereunder who is required to report for a regular tour of duty without being given at least seven and one-half (7 ½) hours off after the completion of the previous regularly scheduled tour of duty, including overtime shall be paid at the applicable overtime rate for all time worked during the second regular tour of duty.
Section 14.10 During the term of this of this Agreement, the company will not reduce full-time positions unless the need is caused by a reduction of services by the company’s customer. Full-time employees will be assigned a schedule of five days of 8 hours per workday not counting lunch periods.
Article 15: Leave of Absence Section 15.1 Upon the approval of the Company, an unpaid leave of absence of up to ninety (90) days may be granted an employee, provided such leave does not cause significant disruption of the workplace.
During such leave the employee’s seniority will accumulate. An employee cannot be placed on a Leave of Absence until all Paid Time Off is exhausted.
Section 15.2 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. This leave shall be renewed upon written application. Seniority will accumulate during the period of such leave.
Section 15.3 If such leave under Section 15.1 or 15.2 above is extended by the Company, the employee will retain but will not accrue seniority, except the seniority shall continue to accrue to leave for Union business.
An employee accepting any employment while on leave of absence except as specially approved in writing by the Company automatically terminates employment with the Company.
Section 15.4 Employees requiring time off due to a personal illness or the illness of a family member will be authorized Family Medical Leave as a negotiated benefit in accordance with federal laws as applicable to the outlined benefits defined in the Act. All other terms related to Family Medical Leave, including the employee’s eligibility requirements and repayment of premiums should the employee not return from the leave will continue to apply, with the exception of intermittent leave, which is not permitted under this negotiated benefit unless otherwise required by law. Seniority will accrue during FML. In no event will seniority accrue for more than twelve (12) weeks accumulated over any one-year period.
The company has the right to require an employee to use Paid Time Off while on FML.
Section 15.5 An unpaid leave of absence of up to three consecutive months, after the completion of twelve consecutive weeks of FMLA leave, will be granted. This time is to be used as a rehabilitation and recovery period (with regards to a personal injury or illness to the employee only) and must be supervised by the treating physician. If the employee requires further LWOP after this three-month period, the company can authorize the request based on the employee’s Doctor’s Statement or, at the company’s expense; the company reserves the right to require the employee to undergo a “Fit for Duty Examination” by a medical doctor chosen by the company. If after this examination, the employee is found to be unfit for duty the employee will be granted a second three-month period for rehabilitation. Further approval of time off after the second three-month period will be handled in the same manner. In no case will more than three periods (nine months) be allowed. During the extended leave period, the Employer is not obligated for any payments to, or on the behalf of, the employee including insurance contributions.
Section 15.6 Time spent on leave of absence shall not count for paid time off or pay review.
Section 15.7 Notwithstanding other provisions of this Agreement, time spent on a leave of absence occasioned by an industrial illness, or industrial injury shall not affect the employee’s wage review period to the extent that such wage review is automatic. Workers who are absent for work due to a work-related injury will be placed on leave of absence status beginning on the eighth calendar day. This understanding shall not constitute a waiver of other established requirements for purpose of reclassification. As to those employees who have been on medical leave of absence during the one-year period immediately prior to his/her anniversary date, an employee’s vacation entitlement will be reduced by a percentage equivalent to the time off for the one-year period immediately prior to the employee’s anniversary date.
Article 16: Absence from Duty Section 16.1 An employee shall not be absent from duty without prior permission in writing except for reason of sickness, injury or other justifiable cause beyond the control of the employee.
Section 16.2 An employee hereunder who is prevented from reporting for duty by reason of sickness, or injury, or other justifiable cause beyond the control of the employee shall promptly notify his/her immediate supervisor or an absentee control point, if established by the Company, of his/her inability to report to work giving reason for his/her absence. Such notice will be recognized if given one (1) hour prior to commencement of 1st shift or one and one-half (1 ½ ) hours prior to commencement of 2nd and 3rd shifts, except when prevented by personal emergency. In the event of continued absence, all changes in status as noted by the doctor must be reported to the Company within one working day after the physician reports the status change to the employee. When an employee calls out sick, he/she need only call out once for the duration of the illness, however, prior to returning to work the employee must call in prior to the end of his/her shift the day immediately preceding the date of return.
Section 16.3 For shift work, if the relief is late, the employee to be relieved has the option of completing the shift.
The tardy employee, if not required, will be sent home. If an employee is late to work and the Company has already assigned his/her work to another employee, the tardy employee, if not required, will be sent home without compensation.
Section 16.4 An employee absent for medical reasons for more than two (2) scheduled work shifts will present to the Company a release for work notice with no restrictions signed by a physician on a document with the physician’s letterhead or stamp prior to returning to work. An employee who calls out for three (3) or more occasions for an illness during a six-month period will be required to bring a medical excuse for all days called for illness for the following six-month period. Days called out that are excused with a Doctor’s note will not count toward the three (3) days. The employee must give a sixteen (16) hour notice of intention of returning to work.
Section 16.5 Voluntary Termination will occur when an employee fails to report to work or contact their supervisor for three (3) consecutive days/shifts unless extenuating circumstances exist. This will be classified as Job Abandonment.
Article 17: Overtime Compensation Section 17.1 No overtime shall be worked unless pre-authorized by a member of management.
Section 17.2 Time worked in excess of forty (40) hours in any workweek, exclusive of meal periods, shall be considered as overtime and paid at the rate of time and a half.
Section 17.3 Employees hereunder shall not be required to suspend work in regular hours to absorb overtime.
Section 17.4 Overtime work shall be distributed among the employees qualified to perform the work necessitating overtime as equitably as possible.
Section 17.5 An employee whose overtime working period continues into the following day shall continue to receive overtime rates for all overtime so worked. If the employee is a full-time employee and such overtime work period shall continue so that its termination shall fall within seven and one-half (7 ½) hours prior to his/her resumption of work in the succeeding work day, he/she shall receive overtime rates for all time worked during his/her regular work period for such workday.
Section 17.6 Overtime compensation shall be computed on the basis of actual overtime worked to the nearest five (5) minutes.
Section 17.7 All hours in full pay status (excluding periods of military service) count as hours worked for overtime calculations.
Section 17.8 Overtime rates shall be paid for not less than four (4) hours to any employee called back to work on any emergency or for any duty not continuous with the regular workday. Overtime rate shall be paid for not less than two (2) hours to any employee called in to work prior to and continuous with his/her regular workday. This article will not apply to part-time employees who are offered and voluntarily accept extra work unless this causes them to exceed 40 hours in one week.
Section 17.9 No pyramiding of overtime pay will be allowed.
Section 17.10 The Company will make every reasonable effort consistent with its operating requirements, to give affected employees one (1) hour notice when overtime work is required. If given one (1) hour 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 17.11 For full-time and part-time employees when called back to work on a short turnaround, night shift to day shift, and who are not given at least 7 ½ hours break between the ending of one shift and the commencement of the next shift will receive overtime rates of 1 ½ times regular rate for all hours worked in the second shift.
Article 18: Welfare Package Section 18.1 The Company agrees to pay for each of its full-time employees the following amounts, each month, for a welfare package.
October 1, 2021 $50 or $1,335 October 1, 2022 $55 or $1,390 October 1, 2023 $60 or $1,450 October 1, 2024 $65 or $1,515
Full-time employees are defined as all employees who are regularly scheduled to work forty
(40) hours per week. All other employees are considered part-time employees. The Company will make payments from this welfare package as follows in subparagraphs (a) through (f):
a) From this amount the Company will provide major medical, dental, vision, life, AD&D, short-term disability, and long-term disability at the level of employee-only coverage.
b) Additionally, from the welfare package, the company will deposit $1,000 annually into the employee’s Health Savings Account (“HSA").
c) Any funds remaining from the welfare package will be deposited on behalf of the employee into the Company’s 401K plan. Funds can be diverted to the HSA to the maximum allowable contribution if the employee chooses.
d) If an employee chooses a plan other than “Employee Only,” the employee is responsible for the difference in cost of that plan.
e The welfare and retirement plans will be administered in strict compliance with the Employees Retirement Income Security Act, (ERISA) and any and all applicable federal regulations such as but not limited to the Affordable Care Act.
Section 18.1B The Company agrees to pay for each of its full-time employees the following amounts, each month, to the Company’s 401K Plan.
October 1, 2021: 5.75% October 1, 2022: 6.00% October 1, 2023: 6.25% October 1, 2024: 6.50%
Section 18.2 Monthly wages, with regards to the welfare package, are defined as the hourly rate plus shift differential, lead premiums, Paid Time Off, and holidays for up to forty (40) hours per week.
Section 18.3 Effective October 1, 2021 the Company will pay all part-time employees for each hour worked up to forty hours per week an additional hourly amount as outlined in the wage determination as approved by the Navy’s Contracting Officer in lieu of the health and welfare package and all other fringe benefits other than vacation and those legally required such as FICA, FUI and SUI. Part-time employees are those who are regularly scheduled for less than 30 hours per week. .
Article 19: Jury Duty Section 19.1 Employees who serve, as jurors shall receive their regular scheduled base rate of pay provided that he/she forfeits the check received for jury services to Government Contracting Resources, Inc. Upon return from jury duty, employees will submit proof of attendance.
Section 19.2 Day Shift employees who are released from Jury Duty prior to 1200 shall call their supervisor to determine if they need to return to work. Those required to come to work will not forfeit their payment received for Jury Duty. Evening Shift employees who are released from Jury Duty prior to 1300 will report for work as scheduled and do not forfeit their payment.
Article 20: Paid Time Off Section 20.1 All current unused vacation and PDO in an employee’s account, at the signing of this agreement, will be converted into one account called Paid Time Off (PTO). Continuous service accumulated with prior contractors will be counted in determining the amount of PTO for which an employee is eligible. In all other cases, service for PTO purposes will date from the employee's date of hire by the Company.
Section 20.2 Schedule Regular Full-Time Employees: PTO Accrual rates will be as follows:
At Hire: 5.23 hours per pay period 1 year of service: 6.77 hours per pay period 3 years of service 8.31 hours per pay period 5 years of service: 9.85 hours per pay period 24 years of service: 11.39 hours per pay period
Regular Part-Time Employees: PTO Accrual rates will be prorated based on actual hours worked in the previous pay period. Prorate based on the following schedule:
At Hire: 1.54 hours per pay period 1 year of service: 3.08 hours per pay period 3 years of service: 4.62 hours per pay period 5 years of service: 6.15 hours per pay period 24 years of service: 7.69 hours per pay period
Regular Part-Time Employees: Sick leave will be accrued at one (1) hour for every thirty (30) hours worked per week.
Section 20.3 Accruals will be deferred until completion of the probationary period. Employees will not be eligible to use PTO during this time. When an employee moves to the next higher level of accruals, it is understood that the new accrual rate will begin on the first day of the next full pay period.
Section 20.4 The scheduling of PTO will be management's responsibility and shall take into consideration the workload commitments of the organization. PTO must have been accrued prior to using.
Section 20.5 Scheduling of PTO will be management's responsibility and shall take into consideration the workload commitments of the organization. PTO must have been accrued prior to using. All PTO requests for three (3) days or more in succession or more must be scheduled as far in advance as possible, at a minimum of five (5) working days. Otherwise, PTO requests may be made at least 24 hours in advance. The Company will accept and approve PTO requests based on seniority.
Unscheduled PTO may be granted by management for all or part of a day for reasons of illness, emergency or other unanticipated reasons deemed valid by management.
All PTO requests should be made in advance except in cases of illness requiring medical attention or a bona fide emergency situation for employee, spouse and legal dependents living at home, or for bereavement for an immediate family member. Immediate family members for bereavement are the employee’s spouse and the employee and current spouse’s mother, father, sister, brother, grandparents, children, stepchildren and grandchildren. During times of bereavement, three consecutive unpaid days of time off will not be denied by the Company. If additional days are required to accommodate travel outside the immediate area, that request will also not be unreasonably denied.
If the employee has positive leave balance, leave will be used. The company may require proof of relationship and /or death.
Section 20.6 PTO preferences shall be submitted to the Company for approval and the senior employees shall have…
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