Attachment J.5.2_Irwin WD CBA-2026-129 Rev. 0.pdf

COLLECTIVE BARGAINING AGREEMENT

BY AND BETWEEN

FOOD SERVICES INC. OF GAINESVILLE

AND

INTERNATIONAL ASSOCIATION OF

MACHINISTS AND AEROSPACE WORKERS,

DISTRICT 725, LOCAL 25

NATIONAL TRAINING CENTER - FORT IRWIN, CA

EFFECTIVE

JULY 1, 2022 – NOVEMBER 30, 2025

TABLE OF CONTENTS

ARTICLE SUBJECT PAGE

ARTICLE 1. Preamble 3 ARTICLE 2. Intent & Purpose 3 ARTICLE 3. Recognition 3 ARTICLE 4. Complete Understanding 3 ARTICLE 5. Non-Discrimination 4 ARTICLE 6. Management's Rights 4 ARTICLE 7. Check-Off Authorization 5 ARTICLE 8. Seniority 7 ARTICLE 9. Union Representation 9 ARTICLE 10. Termination for Just Cause 10 ARTICLE 11. Grievance and Arbitration 11 ARTICLE 12. Hours and Days of Work 12 ARTICLE 13. Holidays 14 ARTICLE 14. Vacation 14 ARTICLE 15. Sick Leave 15 ARTICLE 16. Miscellaneous Leave 15 ARTICLE 17. Wages and Classifications 16 ARTICLE 18. Insurance / Health & Welfare 17 ARTICLE 19. IAM National Pension 18 ARTICLE 20. Strikes, Stoppages, and Pickets 18 ARTICLE 21. Safety, Health, and Sanitation 19 ARTICLE 22. Drug Testing 19 ARTICLE 23. Bulletin Board 20 ARTICLE 24. Savings Clause 20 ARTICLE 25. Term 21 APPENDIX A Wages 22 APPENDIX B Pension Contract Language 23

ARTICLE 1. PREAMBLE

This Agreement is made and entered into this 22nd day of June 2022, by and between Food Services Inc. of Gainesville hereinafter referred to as the "Company" or "Employer" and District Lodge No. 725, International Association of Machinists and Aerospace Workers, hereinafter referred to as the "Union", and applies to the Company's Fort Irwin Food Service and Warehousing Operation.

ARTICLE 2. INTENT AND PURPOSE

It is the intent and purpose of the parties to this Agreement to promote and improve industrial and economic relations between the Company and the employees covered by this Agreement and to promote the efficient performance of the Company's Fort Irwin contract in the best interest of the United States, the Company, and its employees. Nothing in this Agreement shall be construed as circumventing the agreement the Company had with the United States Government. It is hereby mutually agreed to cooperate, both the Company and the Union, in matters required by the United States Government.

ARTICLE 3. RECOGNITION

Section 1. FSIG (the Company) recognizes District Lodge 725 of the International Association of Machinists and Aerospace Workers, AFL-CIO (the Union) as the exclusive bargaining representative for all regular full-time, regular part-time, and On Call employees in the bargaining unit including but not limited to food service and warehouse workers employed by the Company at its Fort Irwin, California location, excluding salaried employees as defined in the National Labor Relations Act.

Section 2. The term "employee" or "employees" as hereinafter used in this Agreement shall refer to an employee or employees in the bargaining unit as defined in Section 1of this Article.

ARTICLE 4. COMPLETE UNDERSTANDING

It is the intent and purpose of this Agreement to set forth the entire and complete understanding reached by the Company and the Union concerning wages, hours, and other terms and conditions of employment to be observed at Ft. Irwin, California during the term of this Agreement. It is accordingly agreed that this Agreement settles, satisfies, and resolves all bargainable matters, issues, and demands, including those which were in negotiations prior to this Agreement and sets forth all contract terms and conditions by and between the Company and Union for the duration of this Agreement. The foregoing notwithstanding, this Agreement shall be open for negotiation of amendments or modification of its terms and conditions of employment, by the Company and the Union upon written request. All agreed to modifications and or amendments to the Agreement will be memorialized in writing by the parties

ARTICLE 5. NON-DISCRIMINIATION

Section 1. In accordance with applicable laws and regulations, there shall be no discrimination against any employee on account of race, creed, color, sex, religion, national origin, age, disability, union membership or non-union status by either the Company or the Union. In this regard, the parties to this agreement will always exhibit fair, equal and professional treatment to all individuals associated with the Fort Irwin, California contract.

Section 2. There shall be no discrimination, interference, restraints, or coercion by the company or the company's agents against any employee because of union membership or because of acting as an officer of or in any other bona fide activity on behalf of the union.

ARTICLE 6. MANAGEMENT RIGHTS

Except as otherwise expressly limited by the specific provisions of this Agreement, the right of the Company to manage its business, operations, and affairs and to prescribe terms and conditions employment shall be unimpaired, and the Company shall have and retain all other rights and prerogatives with respect to the management and operation of the Fort Irwin, contract, including but not limited to: the management and direction of the business; the management and direction of the working force; the right to determine, plan, direct, and control operations including the unfettered business judgement to curtail its facility in whole or in part as well as discontinuing completely and/or laying off employees; the right to determine, plan, direct, and control operations, the right to subcontract work, provided that such subcontracting shall not reduce the number of positions in the food service and warehouse classifications below the number in existence at that time except at the express direction of the U.S. Government, the right to hire and to determine the qualifications for new employees, to maintain order and efficiency, and to promote, demote, transfer, lay off, discipline, suspend or discharge employees by any procedure and for any reason not otherwise specifically prohibited by the express terms of this Agreement, provided that no employee shall be suspended or discharged without just cause; the right to fill any position within the bargaining unit that becomes vacant, with the understanding that such vacancies will be posted on the company bulletin board seven (7) working days prior to selection and filling any vacancy except that it is understood the company has the right to fill such vacancies temporarily; the right to make such rules and regulations as it deems necessary for the proper conduct of business and to require compliance therewith; the right to change or to introduce new or improved methods, equipment, or facilities; the right to assign work and to determine the number of employees to be employed, retained or laid off, the right to determine the amount of supervisors necessary and the duties of the supervisors, including the extent to which supervisors shall perform manual work provided that the use of supervisors shall not reduce the number of bargaining unit positions below the number in existence at that time; the establishment of standards of production and quality; including the hours of employment, length of the work week, and overtime needs. The foregoing enumeration of rights is not all-inclusive, but indicates the type of matters or rights, which belong to and are inherent in management, and which are exempt from the grievance and arbitration procedures of this Agreement.

To the extent exempted by the language above, any claim that the Company has exercised such right and power contrary to the provisions of this Agreement may be taken up as a grievance.

ARTICLE 7. CHECK-OFF AUTHORIZATION

Section 1. The Company agrees, during the term of this Agreement, to make no more regularly than semi-monthly, a deduction from the wages of employees who are members of the Union. The Company will collect initiation fees and/or special assessments through payroll deductions. Such bi-monthly membership dues deductions will be made only upon receipt by the Company of a voluntary request and authorization on the part of each member desiring to have such withholding from wages made by the Company.

Section 2. The Union agrees to furnish to the Company authorizations duly signed by the employees so authorizing the deduction of dues, and properly witnessed. The duly signed dues check-off authorization will be submitted to the Company within thirty (30) days of the start date of each employee.

The check-off authorization shall read as follows:

DUES CHECK-OFF

I hereby voluntarily assign to District Lodge 725, International Association of Machinists and Aerospace Workers, or in lieu thereof, a subordinate Local Lodge designated by District Lodge 725, from any wages earned, or to be earned by me, the amount of my regular monthly membership dues in said Union.

I authorize and direct my employer to deduct said monthly membership dues from my pay semi-monthly, and to remit the same monthly to the order of the officer or official designated by the Union said authorization and direction to be subject to all the terms and conditions contained in the collective bargaining in existence between my employer and the Union.

PRINT NAME

SIGN NAME DATE

Section 3. The Union shall certify to the Company in writing each month a list of its members who have made such assignments, together with an itemized statement of the dues to be deducted from the pay of such member and the Company agrees to deduct the amount as certified in respect to each such member from the first paycheck of such member following the receipt by the Company of such certification or statement and shall make such remittance to the Union in one lump sum within ten (10) days after said deduction is made.

Section 4. It is agreed that all employees coming under the terms of this Agreement will be required to make application to join the Union upon employment and as a condition of continued employment must maintain membership in good standing for the life of the Agreement and any renewal thereof. In the event the Union makes a written request to the Company on official Union letterhead stationery signed by an authorized Union representative to dismiss an employee for failure to comply with the provisions of this section, such request shall be complied with by the Company.

Section 5. The Union agrees to indemnify and hold the Company harmless against any and all claims, demands, suits, costs, and/or other forms of liability and expenses that shall arise out of or by reason of action taken or not taken by the Company for the purpose of complying with any provisions of this Article or in reliance upon any list, notice or assignment furnished by the Union under any such provision.

Section 6. It is agreed that any dues deduction authorization may be revoked by an employee by giving written notice to the Company and the Union of revocation or resignation prior to the beginning of the month in which such revocation or resignation is to be effective.

Section 7. The Company will deduct from employees’ wages and turn over to the Treasurer of the Machinists Non-Partisan Political League (MNPL) contributions by any employee who desires to make such contributions to said MNPL and who individually and voluntarily authorizes the Company in writing on an authorization form mutually agreed to between the Company and the Union to make such deductions. All funds so deducted shall be forwarded monthly to the Treasurer of the MNPL as soon as reasonably possible after the end of each month in which deductions are made, accompanied by a record stating the name of the employee, social security number and amount contributed and so deducted.

Such deductions shall be made in accordance with instructions on said authorization cards, which have been delivered by the Union to the Payroll Department of the Company.

ARTICLE 8. SENIORITY

Section 1. Seniority is defined as including the whole span of continuous service with the present contractor, or successor, and with predecessor contractors, in the performance of the service contract at Fort Irwin. Employees hired on or after the date of contract ratification will establish their seniority from date of hire into the bargaining unit.

• “Benefit Eligibility Date” of an employee is the length of his/her continuous service on the Government contract at Ft. Irwin, including time spent with predecessor Companies on the Government contract.

• Bargaining Unit Seniority Dates and Benefit Eligibility Dates of current employees will be provided to the Union annually or upon written request.

Employees transferring into the bargaining unit will retain their Company date of hire for vacation and fringe benefit purposes only, but their bargaining unit seniority date will be their date of transfer into the bargaining unit.

Section 2. When first employed, an employee shall be classified as a probationary employee. This classification shall extend for a period of ninety (90) calendar days. A probationary employee may be discharged anytime during this ninety (90) day trial period, and such discharge shall be reviewable under Article 8.

Section 3. It is understood that in the event of layoff, reduction in force, or reduction of work hours, the Company will retain employees in the affected job classification by seniority with the least senior being the first one laid off or have a reduction in hours. Employees who have been laid off due to lack of work or elimination of their jobs will be recalled in the order of their seniority. The parties agree to meet and discuss all cases of layoff or recall.

The Company shall notify employees in the affected classification as soon as the facts are known to the Company of upcoming layoffs, but not less than two (2) weeks of notice or, in the alternative, provide two (2) weeks, less the actual notice given, of pay in lieu of notice. All affected employees shall be given notice in writing. All employees will be notified of any layoff in accordance with state and federal laws.

Bumping Rights: Employees selected for layoff may elect to bump into a classification previously held, provided bargaining unit seniority allows. If the employee’s bargaining unit seniority is insufficient to retain their job in their classification, they may use their bargaining unit seniority to displace a less senior employee in any job classification formerly held. The employee will inform the Company of their election to bump within five (5) business days following the receipt of their notice of layoff.

Bargaining Unit Seniority Tiebreaker of Layoff: If two (2) or more employees are affected by a reduction in force, and have an equal amount of seniority, the most senior employee will be determined on the basis of:

(1) Bargaining Unit Seniority.

(2) Alphabetic order by last name, with the employee name appearing first alphabetically being most senior.

Section 4. In the event of a dispute with respect to qualifications, management's judgment shall prevail unless the Union can show it to be clearly and convincingly wrong through the grievance procedure.

Section 5. All seniority will terminate if any employee:

a. Quits

b. Is discharged for just cause

Section 6. Uniformed Service Employment and Reemployment Rights Act (USERRA): Employees shall be accorded all rights provided by law with respect to military leaves of absence and reinstatement following the completion of military service.

Section 7. An employee who transfers to a position outside the Bargaining Unit shall continue to retain accumulated bargaining unit seniority for a length of time equivalent to the seniority held at the time of such transfer, up to a maximum of one (1) year. If the employee is later returned (within one year) to a classification with the highest pay rate that he/she had held by seniority within the Bargaining Unit, either at the employee's request, or of that of the Company's except for discharge for cause, the employee will return with his/her full-retained seniority. If the employee is later returned (after one year has passed) to a position outside the Bargaining Unit, either at the employee's request or that of the Company's except for discharge for cause, the employee will return with company seniority only.

Section 8. Employees will be scheduled to work up to eight (8) hours per day. However, if the Company must send people home due to lack of work, it shall be done by seniority, in each job classification, in a reverse manner.

Section 9. In the event the contract is partially or completely terminated for the convenience of the Government, the Company will render a severance pay of one (1) week pay per year of service for all affected bargaining unit employees.

Section 10. An employee who is absent because of disability, sickness, injury, or similar cause for more than twelve (12) consecutive months will lose their right to retain lead positions. However, for employees with three (3) years or more of seniority, the time period shall be extended to twenty-four

(24) months.

ARTICLE 9. UNION REPRESENTATION

Section 1. The Company will recognize one (1) Chief Steward and one (1) Shop Steward from each location per shift. Stewards shall be the last to be laid off while acting in such capacity. Seniority for layoff and recall is vested to only the positions mentioned above and to no others. The Company will also recognize three (3) alternative Shop Stewards (one Shop Steward and one alternate for each shop). All representatives shall be designated in writing to the Company within thirty (30) calendar days of occupying their positions. The Chief Steward shall be the principal steward and be the coordinator of all Union activities.

Alternate Shop Stewards shall act only in the absence of the Steward for which he/she is designated as the Alternate. All representatives shall be given top seniority in their job classification for the duration of their assignment for the purposes of bidding on posted work schedules.

Section 2. Nothing in this Article shall be construed as the right to deny the International Representative or Business Agent the privilege of processing a grievance on behalf of a unit employee, or to participate in a grievance meeting conducted in accordance with the Grievance Procedure.

Section 3. The Union shall be free to withdraw a grievance at any step of the Grievance Procedure, but a grievance may not be filed on the same issue thereafter.

Section 4. In the event it is necessary to call out an employee designated by the Union to perform a necessary Union function; the Union will notify the Company 24 hours in advance.

Section 5. Union Stewards and/or Chief Stewards shall be entitled to time off work without pay that is necessary for bona fide Union business.

Section 6. It is the policy of the Company to grant indefinite leaves of absence to employees who become full-time paid officers of unions (including the International), which have and continue to have representation with FSIG. Such leaves of absence are for the purpose of recognizing fully accumulated seniority in the event such an official returns to his/her former position as an employee within sixty (60) days following his severance as a Union employee. While on leave of absence, full-time local union officials may participate at no cost to the Company in any group medical (including optional plans) and life insurance plans in effect for IAM represented employees in the area to which the officer is assigned.

Officers selecting a plan that does not provide life insurance coverage will be entitled to select life insurance coverage from the appropriate group plan providing it. Full premiums at group rates for the coverage selected by the union official are to be paid directly to the selected carrier. This policy applies both prospectively and to ex-employees who are now union officials as defined above.

ARTICLE 10. TERMINATION FOR JUST CAUSE

Employees may be terminated only for just cause. Without limiting in any way what may constitute "just cause," the following may result in immediate discharge of the employee:

► Insubordination, including improper conduct toward a supervisor or refusal to perform tasks assigned by supervision, in the appropriate manner.

► Fails to return to work within five (5) days of receipt of recall notice. If the employee being recalled is currently employed by another employer, the employee will be allowed to give a courtesy two (2) weeks of notice to the other employer before being required to return to work.

► Leaving his/her department or Company property without approval prior to the end of a scheduled work shift (walking off the job).

► Smoking in non-smoking areas.

► Misappropriation of Government or contractor provided food or supplies.

► Possession, distribution, sale, use or being under the influence of alcoholic beverages or illegal drugs while on Company property, while on duty, or while operating a vehicle or potentially dangerous equipment leased or owned by the Company

► The unauthorized release of confidential information.

► Theft or unauthorized removal or possession of property from the Company, fellow employees, customers, customer's property or anyone on Company property.

► Altering or falsifying any time-keeping record, intentionally completing or punching another employee’s time card, allowing someone to complete or punch your time card, removing any time·keeping record from the designated area without proper authorization or destroying such a record.

► Bringing or possessing dangerous or unauthorized materials, such as explosives, firearms, weapons or other similar items, on Company property or while on duty.

► Absence for three consecutive work days without notice to your supervisor or department head, unless a reasonable explanation is offered and accepted by the Company.

► Engaging in sexual harassment or other unlawful harassment of another employee or person engaged in a business relationship with the Company.

► Failure to report to work on the day following the expiration of an authorized leave of absence.

► Failure to pass sanitation/food safety examinations whenever food handling is required.

► Falsifying or making material omission on forms, records, or reports, including employment application materials, time cards, customer records, or any other Company record.

► Providing unauthorized individuals keys to any Government or Company facility.

► Showing disrespect to any military personnel or customers.

► Engages in other full-time employment during a leave of absence without obtaining prior permission of the Company.

► Gives false reasons for obtaining a leave of absence.

► Has retired.

► Been in a layoff status for more than twelve (12) months. However, for employees with one (1) year or more of seniority, the time period shall be extended equal to their tenure, not to exceed twenty-four (24) months.

ARTICLE 11. GRIEVANCE AND ARBITRATION

Section 1. Exclusive Remedy. The provisions of Article 11 shall be the only remedy for an alleged violation by the Company of the Agreement.

Section 2. Grievance Procedure.

a. If an employee believes he/she has a grievance, he/she may, within five (5) working days after the event or knowledge of the event giving rise to the grievance, take the matter up with his/her immediate supervisor. Bona fide pay discrepancies are not subject to the time limit in this section.

A steward may be present at such meeting at the option of the employee concerned. The supervisor will respond in writing within three (3) working days.

b. If the matter is not settled in Step a., the employee's Shop Steward shall bring the grievance to the DEFAC Manager or designee within Three (3) working days. That supervisor will have Three

(3) working days to respond to the grievance in writing.

c. If the matter should remain unsettled, it shall then be submitted by the Shop Steward to the Project Manager or designee and Chief Shop Steward. The Facility Project Manager shall respond in writing within three (3) workdays.

d. If the matter is still not settled, the Business Representative shall, within five (5) workdays, bring the matter to the attention of the COO or CEO, who shall respond in writing within five (5) workdays.

e. If settlement is not achieved in the final step of the Grievance Procedure, the Union will notify the Company in writing, within five (5) working days, it wishes to proceed to arbitration in accordance with the terms and provisions of this Agreement.

f. Union grievances: A Union grievance is defined as any written grievance which the Union may have with the company with respect to the application or interpretation of any of the terms or provisions of this Agreement where its' interpretation is involved with the application of pertinent Articles or Sections. Such Union grievance may be filed by the Chief Shop Steward or Business Representative and shall be submitted within twenty (20) working days after the occurrence upon which said grievance is founded.

g. The Company and the Union may mutually agree to extend time limits of the grievance procedure.

h. No grievance shall be recognized unless the procedure outlined above has been followed. It is understood, however, that the failure of the Company representative to respond within the periods specified shall be construed as a denial of the grievance, enabling it to proceed to the next level, and that the above procedure and the time limits may be waived, in writing, by mutual consent of both parties.

i. All grievances shall be handled without any unnecessary interruption or cessation of work.

Section 3. Arbitration

a. Referral to Arbitration: A grievance shall be referred to arbitration by the Union serving a demand for arbitration (a copy of which will be sent to the Company), upon the appropriate Office of the Federal Mediation and Conciliation Service (FMCS) requesting it to submit a list of seven (7) arbitrators to the parties.

b. Selection of Arbitrators: The parties shall have the right to alternate in striking the names from the list furnished by the FMCS until such time as both parties have selected an arbitrator on a list who is acceptable to both parties, or to request a second list of seven arbitrators, from which the parties shall choose an arbitrator by alternately striking names.

c. Procedure for the Arbitrator: The arbitrator shall receive testimony and other evidence from the parties to the dispute and receive such briefs, as the parties may desire to present. Either party may, if it so desires, be represented by counsel in all proceedings before the Arbitrator. All other expenses or arbitration, such as but not limited to, the fee of the arbitrator and the hiring of a space in which the arbitration proceedings are held, shall be divided equally between the Company and the Union.

d. Power of the Arbitrator: The arbitrator shall have no power to add to, take from, or modify the terms of this Agreement.

e. Award: The award of the arbitrator shall be final and binding on both parties.

Section 4. Meetings and Hearings: Unless the parties shall agree otherwise, the Company shall not be responsible for wages lost by employees who attend meetings or hearings in arbitration procedures.

ARTICLE 12. HOURS AND DAYS OF WORK

Section 1. Work schedules are established by the Company to support the meal periods and other requirements of the government contract. Work schedules are subject to change in response to changing contract and operational requirements. The work schedules shall be posted by the Company and employees shall have the opportunity to sign up for available schedules. Employee schedules shall be assigned based on seniority. Schedules may be up to 8 hours in any day. The workweek for payroll purposes shall consist of seven (7) consecutive calendar days beginning on Monday and running through the following Sunday. Payroll dates shall be the first (1st) and sixteenth (16th) of each month.

If the pay date falls on Saturday it shall be paid on Friday; if the pay date falls on Sunday, it shall be paid on Monday. If the pay date falls on a holiday it shall be paid on the last banking business day prior to the holiday.

Individual work schedules, including meal breaks and rest periods, will be assigned by the facility supervisor in compliance with State Law. All work schedules will be posted four (4) days in advance of the workweek. In the event the Company must change an employee's schedule, all notices will be given in writing and the affected employee shall be given five (5) days’ notice of such change.

Section 2. Shifts will be defined by their start times in the following windows:

1st Shift: Beginning at or after 4:00 AM but before 11:00 AM 2nd Shift: Beginning at or after 11:00 AM but before 6:00 PM 3rd Shift: Beginning at or after 6:00 PM but before 4:00 AM

Shift Differential: Employees covered by this agreement assigned to the third shift shall receive a shift differential of $1.00 per hour for all hours paid.

Section 3. Except for emergencies, unforeseen circumstances, or when directed by the Government, advance notice shall be given in writing for overtime not later than the end of the employee's last regular shift. A list shall be posted every ninety (90) days on which each employee shall designate his or her interest in working overtime. Thereafter, interested employees will be canvassed for scheduled overtime, in seniority order, assuming all qualifications to be equal, so that the opportunity to work scheduled overtime will be equitably distributed within classification. The Company agrees to maintain records of all overtime worked. Upon reasonable advance notice, overtime records shall be made available to the Union or a representative designated in writing by the Union for inspection to resolve specific complaints with respect hereto.

Section 4. Overtime Pay

a. Hours worked in excess of eight (8) hours, but not in excess of twelve (12) hours, in any one day of an employee's workday, shall be paid at one and one-half (1-1/2) times the regular rate of the employee. Hours worked in excess of twelve (12) hours in any one workday of an employee's workweek shall be paid at two (2) times the Straight time rate of the employee.

b. Each employee, for work on the sixth (6th) day of his/her workweek, shall be paid one and one-half (1-1/2) times his/her regular rate of pay for all hours worked on the 6th day and for work on the seventh (7th) day of his/her workweek, shall be paid two times his/her regular rate of pay for hours worked on the seventh (7th) day

Section 5. In the event it is necessary to call in a regular off-duty employee to work, the employer agrees that such regular employee shall receive a minimum of four (4) hours of work or four (4) hours of pay at the applicable rate of pay.

Section 6. In the event a regular employee reports for work and is subsequently sent home due to lack of work, will be paid a minimum of four (4) hours show up pay, to be paid at his/her regular straight time hourly rate of pay. It is expressly understood and agreed, however, that this section shall not be applicable in the event the Company makes a reasonable effort to notify the employee at least two (2) hours prior to his/her normal starting time not to report or in the event the failure to have work to be performed is caused by an Act of God or is directed by the Government or other cause beyond the control of the employer.

Section 7. Shift change: In the event the Company must change an employee's shift, all notices will be given in writing and the affected employee shall be given five (5) days’ notice of such change whenever possible. Shift changes shall be effected at the discretion of the Company as provided by Article 6 herein.

ARTICLE 13 HOLIDAYS

Section 1. Paid Holidays. The following fifteen (15) holidays shall be recognized as paid holidays, except for employees who work third (3rd) shift. For employees who work third (3rd) shift, the workday preceding the named holiday shall be considered to be the named holiday.

New Year's Day Independence Day Day after Thanksgiving President's Day Labor Day Christmas Eve Martin Luther King's Birthday

Columbus Day Juneteenth Christmas Day

Memorial Day Veteran's Day New Year's Eve Employee's Birthday* Thanksgiving Day

* This holiday is to be a floating holiday, which shall be taken on any day within the month it occurs unless there are circumstances beyond the employee's control. The Company shall have the right to require any employee to work on any of the holidays herein specified.

Section 2. Employees shall be entitled to the number of paid holidays as identified in Section 1. Any employee who is absent without an acceptable excuse on the scheduled workday immediately preceding, and/or the scheduled workday immediately following a holiday, shall forfeit his/her right to be paid for such holiday unless the absence is approved in advance by your supervisor, for vacation, jury duty, bereavement leave, sick leave. If an employee is prevented from working on the workday immediately preceding or the workday immediately following a holiday because of illness attested to by a physician or death in his/her immediate family, such fact shall constitute an acceptable excuse.

(Immediate family shall include current spouse, children, parents, grandparents, and parents of current spouse, brothers, sisters, stepchildren, stepparents, siblings-in-law, grandchildren, stepsiblings, and half siblings, aunts, uncles, and cousins).

Section 3. Holiday Work/Pay: The Company shall have the right, at its sole discretion, to require any employee to work on any of the holidays herein specified.

a. Effective November 1, 2016, employees who are required to work on a holiday, at the sole discretion of the Company, will receive eight (8) hours of pay at 2.25 times their straight time rate.

b. All employees that do not work the holiday will receive holiday pay based on their normally straight -time hours.

ARTICLE 14. VACATION

Section 1. Each regular employee shall receive vacation each year as follows:

Two (2) weeks paid vacation after one (1) year of continuous service to the present contractor or successor, Three (3) weeks paid vacation after five (5) years of continuous service to the present contractor or successor, Four (4) weeks paid vacation after twelve (12) years of continuous service to the present contractor or successor.

Section 2. Any time an employee has unused, vacation earned at the end of the anniversary year, that employee must be paid out this amount prior to the next year's vacation. Pay for vacation that is unused at the end of the anniversary year will be calculated based upon the employee's current rate of pay and will be paid with the next pay period following the pay period in which the anniversary year ended.

Section 3. All employees will receive vacation pay based on their actual paid straight time hours, computed on the basis of the employee's base hourly rate.

Section 4. Vacation pay shall not be received for holidays occurring during the vacation period.

Section 5. Vacation pay may be taken in one (1) day increments.

Section 6. Vacations shall be granted on a first come first served basis. Subject to the foregoing, an employee’s vacation request will not be unreasonably denied.

Section 7. The Company shall maintain records of each employee’s available but unused vacation hours and shall produce a report for each employee monthly to be provided with the first payroll paid in each calendar month.

ARTICLE 15. SICK LEAVE

Section 1. All regular employees covered by this Agreement and who have been employed at least three (3) months and, thereafter, effective as of the employee’s anniversary date, shall be entitled to eight (8) days of paid sick leave per year. Paid sick leave may only be taken in no less than one (1) day increments.

Section 2. Sick leave is a use or lose type leave and will not be carried over into the following year.

Section 3. It is to be used only when actually required to recover from illness or off-the-job injury;

sick leave is not for "personal" absences. Time off for medical and dental appointments will be treated as sick leave.

Section 4. If you are absent due to illness, medical certification from a physician will be required after three (3) days before sick pay will be given.

Section 5. The Company does not provide pay in lieu of unused sick leave. There will be no payment of accrued sick leave on termination.

ARTICLE 16. MISCELLANEOUS LEAVE

Section 1. Bereavement- Employees shall be entitled to bereavement leave of three (3) paid days for a death in the employee's immediate family. Approval of such leave shall be by the Contract Manager. Immediate family shall include the employee's current spouse, children, parents, grandparents, and parents of current spouse, brothers, sisters, stepchildren, stepparents, siblings-in-law, grandchildren, stepsiblings, and half siblings, aunts, uncles, and cousins.

a. Employees may use vacation days to supplement additional bereavement time, with prior approval from the Company.

Section 2. Jury Duty: As early as possible, an employee must notify his/her supervisor and Contract Manager of his/her obligation to render jury service. Proper official documentation must also be submitted. The Company will pay an employee the difference, if any, between his/her normal base salary and the compensation received for jury service. The period of paid leave for Jury Duty is up to ten (10) working days per year. The length of jury service determines the period of leave for jury duty.

Section 3. Leaves of Absence may be granted at the sole discretion of the Company for extended sickness or disability or for other compelling circumstances. For leaves of absence extending beyond one hundred and twenty (120) days, the employee shall be required to pay medical insurance premiums. Requests should be submitted to and approved by the Contract Manager in advance.

Requests will be considered on their merit and on an individual basis.

Section 4. Family Leave: Up to twelve (12) weeks of unpaid leave for qualifying purposes can be given in accordance with the provisions of the Family and Medical Leave Act of 1993 and any current revisions or updates of State and Federal Law.

Section 5. Military Leave: All employees who are called to active duty shall receive up to two (2) weeks of paid leave per year to run concurrently with the first two (2) weeks of the employee’s active duty. If the employee’s service is for less than two (2) weeks, the employee shall receive paid leave for the duration of his service. In all other respects the Company shall comply with applicable federal and state law. Paid leave shall be at the employee’s straight-time hourly rate, minus premiums. In order to receive these benefits, the employee must present a copy of the employee's order to the Company as soon as they are received by the employee. The employee will be given a leave of absence for, and will accumulate seniority during, such period of service. Employees required to report for military training in excess of thirty (30) consecutive days or those called to active duty shall be reinstated in accordance with the Uniformed Service Employment and Reemployment Rights Act.

Section 6. Leaves of absence without pay in worker's compensation injury and occupational disease cases will be granted automatically for up to twelve (12) months from the date of injury or disease, and seniority will accumulate for the full period of such leave.

ARTICLE 17. WAGES AND CLASSIFICATIONS

Section 1. The rates of pay for job classifications for employees within the bargaining unit shall be those specified in Appendix A, which will be made a part of this Agreement by amendment.

Section 2. For the purpose of this Agreement, an employee's straight time hourly rate of pay is defined as the employee's base hourly rate of pay as listed in Appendix A plus all differentials agreed to in this Agreement.

Section 3. Employees temporarily promoted to a higher job classification shall receive the rate of the job classification they are temporarily assigned to. They shall, upon return to their prior classification, assume the rate held prior to the temporary assignment as directed. An employee temporarily assigned to a lower paying job will continue to receive their normal rate of pay

ARTICLE 18. INSURANCE/HEALTH & WELFARE

To the extent required by law, the Company shall continue to make available to employees, health insurance providing minimum essential coverage as defined in the Affordable Care Act. The Company shall pay the employee-only premium required of those employees enrolling for coverage. Any and all additional health insurance coverages, for example, coverages for employee and spouse and family coverage, shall require the employee to pay the difference between such coverage and the cost of employee-only coverage, such sum to be deducted from the enrolling employee's paycheck. The Company shall not be required to provide or make available any other insurance coverages. Annually the Company will provide the Union with notice of any proposed changes to the insurance, to be provided no later than thirty (30) days prior to implementation of such changes and will bargain within that time period over the proposed changes.

Commencing January 1, 2020, Employees shall be permitted to opt-out of the Company provided health insurance upon providing a statement in writing that (1) the employee and all dependents claimed in the employee's most recent federal tax return have and/or are expected to have minimum essential coverage as defined by the Affordable Care Act for the plan year of insurance to be made available and (2) such minimum essential coverage will not be coverage obtained in the individual market either on or off a marketplace exchange. The parties agree that a new obligation shall now be established and imposed upon the Company going forward to pay a cash health and welfare benefit to employees subject to the amounts and limitations described below:

Employees who opt-out of health insurance coverage as provided above shall be entitled to a cash health and welfare benefit as follows:

For the year beginning 1/1/23, $5.00 for each hour worked.

For the year beginning 1/1/24, $5.50 for each hour worked.

For the year beginning 1/1/25, $6.00 for each hour worked.

Employees who enroll in the health insurance to be provided by the Company are ineligible to receive this cash-in-lieu-of health and welfare benefit. Employees who neither opt-out of coverage nor enroll in the health insurance to be provided by the Company are ineligible to receive this cash-in-lieu-of health and welfare benefit or any other benefits in lieu of the insurance benefit unless specified elsewhere in this Agreement.

ARTICLE 19. IAM NATIONAL PENSION

Section 1. IAM NATIONAL PENSION PLAN: The Company shall contribute to the I.A.M. National Pension Fund, National Pension Plan for each day/hour or portion thereof to a maximum of forty (40) hours per work week for which employees in all job classifications covered by this Agreement for each hour worked as follows:

For the year beginning 1/1/23, $1.10 for each hour worked.

For the year beginning 1/1/24, $1.20 for each hour worked.

For the year beginning 1/1/25, $1.30 for each hour worked.

Pension document memorialized in Appendix B.

ARTICLE 20. STRIKES, STOPPAGES, AND PICKETS

Section 1. The Company agrees that during the term of this Agreement, it will not engage in a lockout of its employees. The Union agrees that during the term of this Agreement there shall be no strikes, walkouts, sit-downs, work stoppages, boycotts, picketing, refusals to cross picket lines, or any other interruption of work or interference with the operations of the Company, directly or indirectly, for any reason, and that no officer, agent, representative or member of the Union shall ever authorize, call, instigate, aid, condone, encourage or acquiesce in any such actions, and that no employees covered by this Agreement shall participate in any such actions.

Section 2. In case of any strike, picketing or interruption of work, as defined in Section 1, during the period of this Agreement the employer may discharge the employees involved in such unauthorized acts.

Section 3. Shall the Company claim that there has been a violation of this section, the Company, upon notice to the Union, shall have the right to present this claim to any court of its choice having jurisdiction, or to an arbitrator of its choice, and such court or arbitrator may immediately issue a ruling or order prohibiting violations of this section, which ruling or order may also provide for any other relief which may be authorized by law.

Section 4. Nothing in this Agreement shall be deemed to curtail the Company's rights in its unfettered business judgment, to curtail its facility, in whole or in part, to discontinue operations completely, or to lay off employees.

ARTICLE 21. SAFETY, HEALTH, AND SANITATION

Section 1. When required by the Company in the performance of the employee’s job tasks, the Company will provide cold weather jackets, steel-toed or composite toed shoes, rubber gloves, goggles, and respirators at no cost to the employees. The Company will entertain suggestions from employees or the Union regarding the need for additional safety equipment.

Section 2. In the event an employee suffers an injury on the job in the course of his/her employment and is required to leave work to go to the doctor, he/she will be paid for the balance of his/her shift on the day such injury occurs. If employee is able to return to work after visiting the doctor, he/she shall do so and shall be compensated for the time spent at the doctor.

Section 3. The Company and the Union agree and recognize that employees from time to time may have meritorious suggestions for improvement of safety conditions in the Company's operations.

Therefore, the Company and the Union encourage employees to reduce any such safety suggestion to writing and submit it to the Company for consideration. It is further recognized and agreed that the Company may from time to time schedule safety meetings and required attendance by employees.

Attendance of employees at any such meeting which is scheduled with required attendance shall be compensated for the time actually spent incidental to such safety meeting at the employee's applicable rate of pay.

Section 4. Should a walk around safety inspection of the Company's premises be conducted pursuant to the provisions of the OSHA, one employee representative designated by the Union or its representative shall have the right to accompany the inspection team during regular duty hours without loss of pay.

Section 5. The Company, at no cost to the employees of the dining facilities, shall provide uniforms consisting of five (5) sets (shirt, slacks, and aprons), although the Company will make available additional sets of uniforms at cost (which can be taken directly out of employees' paychecks if they so desire).

Section 6. Upon hire, and then on the anniversary date as needed in the opinion of the Company, the Company will reimburse each employee for the purchase of pre-approved non-slip safety shoes up to $100.00 or up to $150.00 for non-slip steel toed safety shoes when required for a position.

If at any time an employee believes their safety boots are unserviceable, management may authorize the employee to buy a new pair of safety boots for reimbursement in the amount not to exceed one hundred fifty ($150.00) dollars.

ARTICLE 22. DRUG TESTING

Food Services Inc. Of Gainesville is a drug-free work place company. Each employee, as a condition of employment, will be required to participate in pre-employment, random, post-accident, reasonable suspicion, return to duty, and follow-up testing upon selection or upon request of management as per California state law.

ARTICLE 23. BULLETIN BOARD

The Company agrees to furnish a space located in each facility where the Union may maintain information on a bulletin board. This space shall be where employees normally check in and out. The space will be for the use of the Union for posting matters relating to union meeting and other official union matters. All such notices, as posted by the Union, shall be signed by an authorized union representative.

ARTICLE 24. SAVINGS CLAUSE

If any article or section of this Agreement should be held invalid by operation of law, or by any legal tribunal of competent jurisdiction, or if compliance with or enforcement of any Article or Section shall be restrained by such tribunal pending a final determination as to its validity, the remainder of the Agreement shall not be affected thereby and shall continue in full force and effect. Upon request of either party, the parties shall meet to negotiate a satisfactory replacement clause for such invalid provision.

ARTICLE 25. TERM

Section 1. This Agreement will be in full force and effect at 12:01 a.m. on July 1st, 2022 and shall remain in full force and effect until November 30th, 2025. The Agreement shall be in effect for three (3) years and will continue from year to year thereafter unless written notice of desire to negotiate changes or revisions or terminate this Agreement is served by either party no more than ninety (90) days and no less than sixty (60) days prior to the anniversary date hereof. Such notice shall be via USPS certified mail signed receipt requested and shall be effective on receipt. The parties shall mutually agree to meet within fifteen (15) days after receipt of such notice for the purpose of negotiating a new agreement, unless another date is agreed to in writing.

Section 2. No agreement waiver, alteration, understanding, variation or modification of any terms or conditions contained herein shall be binding upon the parties hereto unless such agreement is made and executed in writing between the parties hereto.

Section 3. It is expressly understood that the terms and conditions of this Agreement, including wages and fringe benefits, are subject to certain sovereign priorities, which the United States Government may exercise.