2018_Wage_Rate_Agreement_Final_Building_10-signed.pdf

AGREEMENT

BETWEEN

CROTHALL SERVICES GROUP AND

PUBLIC SERVICE EMPLOYEES LOCAL UNION 572

LABORERS INTERNATIONAL UNION OF NORTH AMERICA

AT

CLINICAL CENTER (BUILDING 10)

THE NATIONAL INSTITUTES OF HEALTH

BETHESDA, MD

March 1, 2018 THROUGH February 28, 2019

ARTICLE 1 - PREAMBLE

This Agreement has been entered into effective March 1, 2018, by and between Crothall Services Group (its parent company Compass Group); hereinafter referred to as "Company" and the Public Service Employees' Local Union 572, and its affiliates Laborers' International Union of North America; hereinafter collectively referred to as the "Union".

ARTICLE 2 - UNION RECOGNITION

Pursuant to the certification of the National Labor Relations Board dated May 16, 1997, the Company recognizes the Union as the exclusive collective bargaining representative for all "full-time and regular part-time employees excluded are guards and supervisors as defined in the Act".

When work covered by this Agreement is to be performed upon property of the United States Government, as to which the provisions of any state "right to work" laws are inapplicable, all employees covered by this Agreement who are performing such work shall be required, as a condition of continued employment on such property, to obtain membership in the Union no later than the thirtieth (30) days following the beginning of such employment or the effective date of this Agreement, whichever is later, and maintain such membership in the Union while so employed.

ARTICLE 3 - PURPOSE AND SCOPE

It is the intent and purpose of the parties here to set forth herein the basic agreement covering wages, hours of work, and conditions of employment to be observed between the parties hereto, and to provide procedure for prompt, equitable adjustments of alleged grievances.

ARTICLE 4 - UNION SECURITY

Subject to Section 8 (a) (3) of the National Labor Relations Act, as amended, all present employees of the Company by this Agreement who are members of the Union on the date of execution of this Agreement shall remain members of the Union in good standing as a condition of employment. Subject to Section 8 (a) (3) of the National Labor Relations Act, as amended, all employees of the Company covered by this Agreement, who are not members of the Union and all such employees who are hired hereafter, shall become and remain members of the Union in good standing as a condition of employment on and after the thirty-first (31st) working day following the beginning of their employment or on and after the beginning of the 31st working day following the date of execution of this Agreement, whichever is later.

The failure of such employee to become a member of the Union at the required time shall obligate the Company upon written notice from the Union to such effect and to further effect that Union membership was available to such person on the same terms and conditions generally available to other members, to forthwith discharge such employee. Further, the failure of any employee to maintain his Union membership in good standing as required herein, shall, upon written notice to the Company by the Union to such effect, obligate the Company to discharge such employee.

The Union shall indemnify the Company and save it harmless from any claim loss damage, cost or expense arising out of the discharge of any employee under the Article, and the Company shall not be required to make any investigations of, but shall be entitled to reply on any representation made by the Union with respect to the discharge of any employee for failure to join the Union or to maintain Union membership pursuant to this Article.

ARTICLE 5 – DUES CHECK-OFF AND AUTHORIZATION FORM

The Company will deduct and pay to the Union the regular amount of initiation fee and Union membership dues established by the Union Constitution and By-laws from the pay of each employee covered by this Agreement who voluntarily authorizes and directs the Company to make such deductions. Each such authorization shall be in writing in the form prescribed below and shall be governed by the provisions thereof. The Union shall notify the Company in writing who the payee of the checks for such deductions shall be, and the name and address of the person to whom such checks are to be sent. The Company shall be entitled to reply on notice until receipt of a written modification thereof.

The Union shall indemnify the Company against and save it harmless from any claim, loss, damage, cost or expense arising out of any wrongful deduction and payment of any amount under this Article. The Company shall transmit to the Union, not later than the thirtieth (30th) day of the following month in which the deduction were made, a check for the total amount deducted, together with a statement showing the name of each employee, and the amount paid on his behalf. In the event an employee does not have sufficient earnings due him in any month to cover the amount of said deductions for that month, the Company agrees to make such deductions from the earnings due the employee in future months until the employee is current in his payments. The written deduction authorization shall be in the following form:

ARTICLE 6 – RIGHTS OF EMPLOYEES

Section 1: The Company shall take the action required to assure that employees in the unit are apprised of their right under the law, and that no reference, restraint, coercion, or discrimination is practiced to discourage membership in the Union, Section 2: No disciplinary or adverse action will be taken against an employee upon ill-founded basis, such as upon unsubstantiated rumors or gossip, facts must be provided and full investigations must be completed prior to the issuing of such actions.

Section 3: Instructions and counseling will be given in a reasonable and constructive manner. Such guidance shall be provided in an appropriate atmosphere, embarrassment and ridicule must be avoided.

A. A written warning will be kept for a nine (9) month period.

B. The Company shall promote and sustain human dignity and self-respect to all employees by not subjecting them to intimidation, coercion, harassment or unreasonable working conditions as reprisal.

C. No unit employee will be subjected to disciplinary and/or adverse action of any type as a result of conflicting orders issued by responsible officials as long as he/she advises the last official of the conflict and follows the latest order. If the employee is aware of any problem which may occur because of this conflict, he/she should bring this to the attention of the immediate supervisor or to the project manager.

Section 4: Employees have a right to exercise their first amendment rights without fear of penalty or reprisal except the use of vulgarity and insubordination.

Section 5: Employees shall be protected against reprisal of any nature for disclosure of information which the employee reasonably believes evidences an abuse of authority, health and safety danger, or any violation of law.

Section 6: The Company affirms the right of employees to hold their personal beliefs and to conduct their personal lives as they deem fit to the extent that it does not reflect adversely on the Company or the Government.

Section 7: Each employee has the right to present matters of personal concern to the appropriate officials of the Union and/or the Company. When an employee seeks a meeting with any of these officials, the employee shall request to be excused from official duties for that purpose by the appropriate supervisor.

Section 8: Weingarten Rights. If any official, including investigator, or police officer of NIH conduct any meeting or interrogation and the employee has a reasonable belief that discipline or other adverse consequences may result from what is said, such employee has the right to:

A. Request Union representation.

B. If such request is denied the employee has the right to refuse to answer questions without fear of reprisal.

C. If any management, supervisor, investigator or police officer of

NIH contemplates a disciplinary action when questioning or counseling an employee, the employee must be informed of their right to union representation.

Section 9: Representation. It is agreed that employees have a right to be represented, meet and confer with union representatives during duty time, if such request is presented to the appropriate officials and the meeting does not interfere with the work duties of the employees.

ARTICLE 7 - WAGES AND FRINGE BENEFITS

Employees covered by this Agreement shall be paid wages and receive fringe benefits as provided in Schedule "A" attached hereto. Employees scheduled to work the second shift or third shift shall receive an additional ten percent (10%) increase to their base wage to be paid per hour shift differential pay.

ARTICLE 8 - HOURS OF WORK AND CALL IN

Forty (40) hours a week of five (5), eight (8) hour days shall constitute the normal work week for the full time, and twenty (20) hours a week of five (5), four (4) hours days shall constitute the normal work week for the part-time, provided, however, that this shall not be deemed to constitute a guarantee by the Company of any particular number of hours per day or per week to any employee. All hours worked in excess of forty (40) hours per week in the employee's regularly scheduled work week will be paid for at the rate of time and one half.

The Company shall have the right to schedule working hours and to make revisions in such schedule to meet its needs or the needs of the Government.

Any employee scheduled to work or called in by the Company shall receive a minimum of four

(4) hours of work or be paid for the difference, if any, between the time worked and four (4) hours at his regular straight time rate if sent home before that time if he reported for work at the required time, unless the Company had taken reasonable steps to notify such employee that there would be no work.

No employee scheduled for work or called in by the Company shall be required to stand by waiting for assignment without being paid his regular straight time rate during such waiting period, unless the Company took reasonable steps to notify the employee that there would be no work or that his starting time had been changed.

Each eligible employee shall receive a lunch period without, of not less than thirty (30) minutes.

The Company shall grant two (2) fifteen (15) minute coffee breaks. Such coffee breaks shall be computed as time worked.

Employees off due to personal injury, illness or death in the immediate family will notify the Company's office by at least one hour before starting time.

In the event that an employee is absent and other employees are asked to cover the work of the absent person; the Company agrees to take into consideration the additional work being assigned and may not use disciplinary action against an employee who is not able to complete his regularly scheduled assignments, plus the additional assigned work. Supervisors are encouraged to discuss assignments with employees and prioritize the work to be done, so as to reach an understanding of what particular tasks are expected to be completed.

ARTICLE 9 - CLOCKING IN AND OUT

The Company and the Union agree that for the purpose of computing daily working hours (including overtime) the system of the seven (7) minute clock will be utilized, whereby an employee is not late until the seventh (7th) minute after the hour he or she is required to report to work, nor shall the employee receive overtime benefits until the seventh (7th) minute after the hours he or she regularly ends the day.

ARTICLE 10 - HIRING OF NEW EMPLOYEES

The Company will communicate with the Union whenever the Company has hired additional employees who would be covered by this Agreement. The Company will give fair consideration on a nondiscriminatory basis to all applicants for employment.

The Company will introduce the Union Shop Steward to new hired employees within two (2) days of the hired date.

Also, in discharging of employees, the Company will notify the Union is writing within two (2) working days of the discharge of the employee. This procedure also applies to suspensions.

ARTICLE 11 - UNION REPRESENTATION

The Company agrees that the Union may designate not more than two (2) employees at any time as representative elected or appointed to a Local Union office or as a delegate to any Union activity necessitating a leave of absence of not more than seven calendar within a six month period. Upon written request from the employee, supported by a written statement by the Union, such employee will be granted a leave of absence without pay for the time he is required to be absent on Union business, provided not more than one classification is absent at one time and provided further, such request be submitted to the Project Manager in writing at least Seven (7) calendar days prior to commencement of the leave of absence.

The Company will allow reasonable amount of official time for representatives to meet with requesting employees to discuss possible grievances. Both member and shop steward shall first obtain permission from his immediate supervisor leaving the work area. Such permission shall be granted as soon as conveniently possible without interfering with performance of the Company's obligations under Government Contract.

ARTICLE 12 - STEWARD REPRESENTATION

The Union shall supply the Company, in writing, and shall maintain on a current basis, a complete list of all authorized stewards (which shall not exceed two (2) on each shift, consisting of a primary shop steward and his alternate) together with the designation of the group of employees each is authorized to represent. The Company shall also be kept advised in writing by the Union of names of its officers and representatives who are authorized to act on its behalf. If the Company plans to transfer a steward, officer or representative from one shift to another, it will make reasonable effort to advise the Union thereof at least two (2) days prior to taking such action. Subject to any regulations or requirements established by the Government with respect to Government property. Authorized agents of the Union shall have access to the Company's contract site during working hours for the purpose of adjusting disputes, investigating working conditions, and ascertaining that the Agreement is being adhered to, provided, however, that such visits shall not interfere with the performance of any employee's work or the fulfillment of the Company's obligation under its Government contract. No employee shall be discriminated against or discharged for exercising any rights under the National Labor Relations Act, as amended.

The Shop Steward shall not interfere with the management of the business or direct any work of any employee, but may advise the Company of any violations of the Agreement and also notify the employee participating therein. Prior to leaving the work area, the Shop Steward will request permission from the supervisor.

During his term of office, the Shop Steward shall be entitled to top seniority at the building, for the purpose of layoff, and recall; provided his is qualified to do the required work. Upon termination of his term, he shall be returned to his regular seniority status. In the event the Union is unable to secure a Shop Steward for any given shift, the Business Manager or his designee shall act as the Steward for purposes of the grievance procedure contained in the Agreement.

All new employees shall be introduced to the Shop Steward or alternate by the second day of work to be added to the Steward's record. The Steward shall be supplied the following information within the employee's first two (2) days of employment; name, address, social security number, classification, job location and shift assignment.

A shop steward serving as representative of the Union in connection with the processing of grievances by employees covered by this Agreement in each instance shall first obtain permission from his immediate supervisor and such permission shall be granted as soon as conveniently possible without interfering with performance of the Company's obligations under Government Contract. No employee shall be discriminated against or discharged for exercising any rights under the National Labor Relations Act, as amended.

ARTICLE 13 - CLOTHING AND EQUIPMENT

Employees who are required by the Company to wear uniforms, special clothing or to have special equipment, will be furnished those items at no cost to the employee. The employee must wear clean and un-torn uniforms which they shall maintain themselves. Uniforms will be replaced under normal wear and tear. When the employee leaves the company, the uniforms must be returned. Foul weather gear shall be furnished as needed at no cost to the employees as provided by the Company.

ARTICLE 14 - HEALTH AND SAFETY REQUIREMENTS

In order to provide safety controls for protection to the life and health of employees and prevention of damage to property, supplies, and equipment, the Company and all unit employees shall comply with the applicable health and safety standards and rules that may be established by the Company in compliance with OSHA or other statutory regulations.

In the event that any health & safety concerns are raised by members, the Union after consulting with management may request the assistance of the LIUNA Health and Safety Department for advice and recommendations on how to deal with particular concern. Employees will continue working pending the site visit and recommendations by LIUNA's Health and Safety Department.

ARTICLE 15 - LEAD PERSON

The classification "Lead person" shall describe an employee of the Company who is not a supervisor within the meaning of the National Labor Relations Act, and who is a member of the bargaining unit. The lead person will exercise certain minimal supervisory or direct responsibilities over certain projects or certain kinds of work in both he/she and other employees of the Company are engaged. The lead person shall have no power or right to hire or fire, approve or disprove leave, or recommend disciplinary actions but may have the obligation to report to a supervisor the job performance of the employees with whom he/she is working. The lead person may do any kind of work customarily performed by members of the bargaining unit so long as he/she is paid according to Schedule "A".

ARTICLE 16 - JOB VACANCIES

Where a vacancy exists in a higher paying job classification, the company will post a notice on the Union bulletin board for a minimum of five (5) days to officially announce this vacancy. An interested employee must respond to the Company Project Manager regarding vacancy notices in writing within five (5) days. The Company will give first consideration to filling the vacancy from among other qualified employees in lower paying job classifications.

In making a selection from other employees, the following factors shall be considered:

A. Seniority B. ability, with any needed training, to perform the work C. physical fitness for the job

The job shall be offered in order of greatest seniority provided the factors (b) and (c) are relatively equal.

In connection with promotions to jobs covered by this Agreement, the Company will give first consideration to existing employees before selecting an outside applicant. Seniority and qualification for the job will be the determining factor when a dispute over a promotion arrives.

The above procedures will apply to favorable shift or schedules as they become open or available.

ARTICLE 17 - REDUCTION IN FORCE

The Company will notify the Union Stewards at least ten (10) days prior to any reduction in force if possible, including such details with respect thereto as are available. When an employee is discharged or laid off, he shall be paid by check for any wages owing to him within the next scheduled pay period following discharge or layoff, mailed by registered letter to his last known address, at his next scheduled payday, provided, however, the Company may deduct any Union dues pursuant to Article 5 hereof that are owing as of the date of termination.

When the Company wishes to recall laid off employees, it shall attempt to contact the employee by telephone, it shall telephone the Local Union, and it shall mail a letter to the employee's last known address, The employee may be required to respond to and be available for work within forty-eight (48) hours of the above procedure. All employees are required to keep the Company informed of their current address and telephone number.

ARTICLE 18 – SENIORITY

The Company recognizes seniority which shall be based upon the length of continuous services with previous, present and succeeding Company's according to the Company's and Union's record as an important factor to be considered by it in scheduling of vacations shift assignments, promotions, demotions, layoffs, RIF (Reduction in Force), and recalls after layoffs within the unit. It is understood, however, that the Company for may also consider efficiency and capability provided that when those factors are equal, Seniority will prevail.

No employee shall acquire any seniority rights until he has been continuously employed by the previous or present Company for a period of sixty (60) work days unless an extension has been granted. The Company for valid reasons may request an extension in writing at the end of the trial period not to exceed thirty (30) work days and the Union shall not withhold its approval unreasonably.

A break in seniority shall occur in the following events:

1. If an employee quits.

2. If an employee is discharged for cause.

3. If an employee takes an unauthorized leave of absence for more than three (3) days.

4. If an employee is laid off for more than nine (9) months.

The Company shall supply the Union with an up to date seniority list, which shall be reviewed each six (6) months.

Every new employee shall be on probation for a period of ninety (60) days unless extended and during this probationary period an employee may be dismissed for any reason considered justifiable by the Company. However, employees will have the right to seek Union representation after the 31st day of employment and will begin earning fringe benefits after sixty

(60) days even if extension of probationary period is granted.

ARTICLE 19 - HOLIDAYS

Employees covered by this Agreement shall be entitled to the following paid holidays:

New Year’s Day Martin Luther King's Birthday Washington’s Birthday Memorial Day Independence Day Columbus Day Veterans Day

Thanksgiving Day Christmas Day Labor Day Employee Birthday Any other day declared a legal holiday by the U.S. Government

Holidays, which are determined above, will be observed as non-work days. Whenever such holidays as determined above fall on Saturday or Sunday, the activity, except those required to operate during holiday periods, may be closed to public business on the preceding Friday or the succeeding Monday in lieu of such holiday, then such Friday or Monday shall be deemed to be a holiday. Employees who work on a holiday shall be paid holiday pay in addition to their regular pay for all hours worked. If the holiday worked falls within an employee’s basic work week and the scheduled hours paid for that work week exceed forty (40) hours, the employee will receive their regular pay, plus the time and a half pay they are normally entitled to for the holiday.

ARTICLE 20 - LEAVE

Section 1: Vacation

A. Each employee of the company who has been continuously employed at the National Institutes of Health, Bethesda, MD, covered by this Agreement shall receive paid vacation, as follows:

Two (2) weeks/one (1) year Three (3) weeks/five (5) years Four (4) weeks/fifteen (15) years

B. Each employee shall receive vacation based on his normal workweek or at the employee's standard hourly wage rate multiplied by the number of weeks of vacation to which he is entitled.

C. Employees who want to take vacation from December 1 through May 30 must submit that request to their supervisor by October 1. Employees' who want to take vacation from June 1 through November 30 must submit that request to their supervisor by April 1.

D. No capricious restraints will be established to restrict when vacation leave is requested.

B. An employee who expects to be absent more than one (1) day will inform the supervisor of the expected date of return to duty and notify the supervisor of any change. In the case of extended illness, daily reports will not be required.

C. Any absence due to illness for which the employee does not have sick leave such employee shall be granted vacation in lieu of sick leave at the employees’ request.

D. An employee who is temporarily unable to perform the duties because of injury or aliment may be assigned to perform other duties which he or she is physically able to perform. First priority will be given to employees involved in job related injuries. The Company will make every effort to find light duty work throughout the NIH building for the injured employee.

E.E Employees shall not be required to furnish a medical certificate to support requests for sick leave unless such leave is three (3) days or more. Such certification must be accepted when the following is provided:

1. Date of visit

2. The period of absence covered by the illness

3. The physician’s or practitioner’s signature

Section 2.1 Family Medical Leave Act The Family medical Leave Act (FMLA) authorizes the use of sick leave by Employees to care for family members and shall be administered according to the federal regulations and policies.

Section 3. Sick Leave Unplanned (Emergency) Leave

A. Sick Leave is defined as absence of an employee from work by reason of illness or accident, which is non-work connected and not compensable under the Worker’s Compensation Laws of the state of Maryland.

B. Vacation for purposes of emergencies will be granted upon request.

C. It is the employees' responsibility to notify the supervisor within the first two (2) Hours of their scheduled tour of duty unless the situation prevents the employee from making such contact.

D. An employee may be required to show proof of an emergency in order to be compensated after three

(3) consecutive days. Upon making the request, the employee need only state the nature of the emergency. If such request is denied the reasons should be stated and a pattern of the abuse should be provided.

E. Should the Company place the employee on unauthorized leave status, such status shall be changed upon the employee's return to work and proof of the emergency. The employee must provide such proof within three (3) days of return to work.

F. Sick leave is based on a calendar year and is not paid out at the end of the calendar or fiscal year, but up to 64 hours may be carried over from one year to the next at any given time.

Eligibility and Benefits

An employee who has completed his probationary period and is absent from work is eligible to receive paid sick leave at his/her regular rate of pay in accordance with the following attached schedule. The company will comply with all requirements of the Maryland Healthy Working Families Act (“the Act”) and should any provision of that legislation conflict with the articles below in a manner less favorable to the employee than the Act requires, the Act shall take precedence.

One (1/2) day per month to a maximum of six (6) days per year. Unused sick leave hours may be carried over only to a maximum of 64 hours at any given time. Unused sick leave will not be paid out at the end of a calendar or fiscal year.

Sick leave shall be paid at the time said employee is illness or in the next regular pay roll cycle. If an employee becomes ill while the employee is working and must leave work due to the illness, the employee may use accrued sick leave for the reminder od the employee’s regularly schedule hours for that day.

Abused of Leave

If, in the opinion of the Project Manager, an employee, is engaging in an abuse of sick leave, the Company may place the employee on probationary period of up to six (6) months. During this probationary period, the employee may be required a doctor’s certificate for any absence to provide the above-referenced physician’s statement for any absence attributed to an employee’s alleged inability to work due to a medical condition, regardless of the number of days missed per occurrence that follow a pattern, precede or follow holidays, weekends or when project manager suspect potential abuse.

If an employee abuse sick leave, the employee may be subject to disciplinary action up to termination in accordance with the following attached within twelve (12) months:

8 occurrences of unscheduled leave = verbal warning (progressive counseling)

9 occurrences of unscheduled leave = written warning (1st progressive counseling) 10 occurrences of unscheduled leave= written warning (2nd progressive counseling) 11 occurrences of unscheduled leave = final warning (3rd progressive counseling)

12 occurrences of unscheduled leave = termination

Section 4: Jury Duty

An employee who has completed his probationary period and who serves on Jury Duty shall be compensated by the Company in the amount of the difference between his regular scheduled workdays lost, and the most received as juror's fee. Whenever the employee is temporarily excused from jury duty by the court on his/her scheduled workday, he/she shall advise his/her supervisor as promptly as possible and stand ready to report for work if requested by the Company. The receipt of a subpoena or the notice to report for jury duty must be reported immediately to the appropriate Supervisor.

Section 5: Funeral Leave

Three (3) calendar days' leave with pay shall be granted in the event of death in the immediate family (spouse, parent, children and stepchildren of employees). An employee shall receive three (3) days funeral leave with pay for the death of a brother or sister, mother - in- law, father - in - law and grandparents and three (3) days leave for grandchildren. Normal compensated days off such as holidays or vacation shall be counted toward funeral leave, and no additional compensation shall be due for such days. Further, the days off must be taken between the date of death and the day following burial, both inclusive and provided the employee is prepared to offer valid proof of death and relationship upon request.

Section 6: Excused Absences

A. Personal Days

Employees are entitle of five (5) days of personal leave per calendar year. These days may be taken at the discretion of the employee and requested within one (1) week in advance unless an emergency accurse. Because personal days do not carried over from year to year, they must be taken prior to the beginning of the next calendar year.

B. Blood Donation Workload permitting, employees who volunteer as blood donors either to blood banks without compensation or directly to individuals shall be excused for a reasonable amount of time, usually two (2) hours, no more than four (4) hours.

C. Voting

As far as practical, supervisors may approve excused absence for an employee to vote in national elections. As a general rule, where polls are not open at least three (3) hours before an employee's usual departure time, they will be excused for enough time to permit them to report for work three (3) hours after polls open or leave work three (3) hours before the polls close, whichever requires less time off.

D. Military Leave

1. Leaves of absence without pay with no effect on seniority will be granted to employees not serving on active duty in the armed forces, but who belong to reserve components and must serve actively in a summer camp program or other legitimate reserve programs. Leave of absence without pay will also be granted to employees who may be called into the service.

Voluntary enlistments are not covered by this clause except for voluntary enlistments into the National Guard or any other reserve components of the U.S Armed Forces.

2. An employee who is a veteran may be excused, without charge to leave or loss of pay, to participate as a pallbearer or honor guard in funeral services of members of the Armed Services. Such excused leave may not exceed two (2) workdays.

E. Union Leave

1) The Company will grant vacation or leave without pay to Union officers and representatives to attend Union conferences, conventions, or other special meetings.

Such requests for leave must be presented, whenever possible, in writing within seven days (7) calendar days before the requested day off.

2) Excused absence will be granted to an employee (who has been designated in writing under the provisions of the Union Representation Article A of this Agreement, as a Union Representative) to attend a training session sponsored by the Union.

Section 7: Leave of Absence

A. Temporary non-pay status and absence from duty may be granted at the Employee's request not to exceed ninety (90) days for personal reasons.

B. Disabled veterans shall be granted L WOP when necessary for medical treatment. Reservists and National Guards shall be L WOP when their status is changed to active duty.

C. L WOP may be granted by management officials to employee in cases of illness or injury when their sick and/or vacation balances have been exhausted.

D. Seniority will continue to accrue for the duration of the leave, provided the employee returns to work immediately following the expiration of the leave. An employee on extended leave will be guaranteed immediate reinstatement to his/her former position immediately upon conclusion of his/her leave.

ARTICLE 21 - ACCESS TO RECORDS

Section 1: Access to employee personnel records and other official files maintained by the Company in a system of records as defined by the Company Privacy Act implementing regulations, will be safeguarded to assure that all disclosures are in accordance with the Act and other applicable regulations. In accordance with the act and other regulations, only authorized staff shall have access to an employee's personnel and other official files.

Section 2: Upon giving reasonable notice, an employee shall have the right to review their own personnel files maintained by and under the control of the Company.

Section 3: In accordance with the Duty of Fair Representation Act, the Company shall provide any records from the employee's files to Union officials upon request. This includes any information maintained under the employee's name or social security number specific to them personally. This includes any documentation, which is not covered by official records.

ARTICLE 22 - WEATHER CONDITIONS HAZARDOUS TRAVEL PAY

All employees who come to work, when the Federal Government has announced that due to the weather conditions only essential personnel need to report for work, shall receive a hazardous travel pay of an additional dollar ($1.00) per each hour worked as an incentive since the hospital does not close down operations.

Employees may be excused from duty without pay because of extreme weather conditions or other emergency situations such as breakdown of equipment, serious interruption of public transportation or civil disaster, flood or fire.

Supervisors authorized to approve leave may excuse employee's tardiness for one hour because of hazardous weather.

ARTICLE 23 - DISCIPLINE AND DISCHARGE

The company will notify the Union within two (2) working days after the discharge of an employee along with the reason for the dismissal. This procedure also applies to suspensions.

Section 1: Discipline will be initiated for such cause as will promote the efficiency of the Company Progressive Discipline is intended to correct an individual's behavior, as well as to maintain order and efficient operation within the work place. It is understood that discipline should not be punitive in nature. Disciplinary actions that are more than nine (9) months old may not be considered in future progressive disciplinary actions. An employee's steward shall be present while in a disciplinary action is being imposed, or while a disciplinary written warning will result in demotion, suspension, layoff, or discharge. The shop steward shall be advised of any disciplinary action before the end of the work shift.

Section 2: Disciplinary actions are:

A. Verbal Counseling B. 1st Warning (written) C. 2nd Warning D. Suspension E. Termination

Section 3: There are certain types of employee problems that are serious enough to justify either a suspension, or in extreme situations, termination of employment, without going through the usual progressive disciplinary process. Each incident will be investigated and discipline applied according to the seriousness of the offense or violation. It is not possible to list all the forms of behavior that are considered unacceptable in the workplace. The following are examples of infractions of conduct that will result in disciplinary action, up to an including termination of employment:

• Use of racial or ethnic slurs

• Refusal to perform work or follow instructions

• Sleeping while on duty

• Theft or inappropriate removal or possession of company or government property

• Falsification of timekeeping record

• Working under the influence of alcohol or illegal drugs

• Possession, distribution, sale, transfer, or use of alcohol or illegal drugs in the workplace, while on duty, or while operating employer/government owned vehicles or equipment

• Fighting or threatening violence in the workplace

• Violation of safety or health

• Sexual or other unlawful or unwelcome harassment

• Possession of dangerous or unauthorized materials or weapons, such as explosives, firearms or knife in the workplace

Section 4: When a warning, suspension, or discharge is issued to an employee a copy will be provided to the shop steward on request.

ARTICLE 24 - GRIEVANCE PROCEDURE AND ARBITRATION

The Union shall be the sole judge as to whether to process any grievance filed by an employee.

Section 1: With respect to any dispute, complaint or grievance arising out of the interpretation or application of Article 2, the employer hereby acknowledges that the Union may, as its option, bypass Step two

(2) and three (3) of this grievance procedure and proceed immediately to Step Four. The parties to this Agreement, in the interest of resolving all disputes, complaints or grievances in connection with the interpretation or allocation of the terms of this agreement, have settled upon the following orderly and peaceful procedure:

Step 1: The matter of concern shall be formalized in writing and submitted by the aggrieved representative to the immediate supervisor. The grievance procedures shall be invoked within ten (10) working days of the occurrence of the incident-giving rise to the grievance. The immediate supervisor will provide his answer in writing to the aggrieved within ten (10) working days. A copy of the decision will be provided to the union representative. Most grievances should be resolved at this level of the grievance procedure.

Step 2: If the matter is not resolved in Step 1, the aggrieved representative shall submit the matter in writing to the Project Manager or appropriate individual with authority to make decisions, within ten (10) working days of receipt of the decision as described in Step 1. The Project Manager will make every effort to resolve the matter at this level and may meet with the grievant and union representative(s) involved in the process of the case within ten (10) working days. A copy of this decision will be provided to the union representative.

Step 3: If the matter is not resolved at Step 2, within ten (10) working days after receipt of the written decision the grievant representative shall submit the matter in writing to the President of the Company or designee. The Company shall give a written response within ten (10) working days. If no satisfactory settlement is arrived at within the ten (10) day period, either party may refer the matter to Step 4, Arbitration.

Step 4: The party invoking provisions of Step 4 shall, within ten (10) working days request in writing (copy to other party), the Federal Mediation and Conciliation Service to supply the parties with a list of five

(5) Arbitrators. The selection of an arbitrator and the conduct of the arbitration proceedings shall be in accordance with the procedure of the Federal Mediation and Conciliation Service. Upon receipt of the list of arbitrators, the parties hereto shall meet within a period of ten (10) workdays from the date thereof and invoke the following procedure to arrive at an impartial arbitrator. The party desiring arbitration shall strike the first name, notifying the other party of such action and each party in turn then striking one name until one name only remains, who shall be designated as the impartial arbitrator. The procedures to select an arbitrator shall take place at the office of either party. The decision of the arbitrator shall be final and binding upon both parties, provided, however the Arbitrator shall be empowered only to interpret and apply the provisions of this agreement, and shall have no authority to add to, subtract from, or mortify any provisions of the grievant period. Wages are not subject to arbitration. Each party shall bear its own cost in connection with the arbitration, including the cost of any transcript desired by it. The fee and expense of the arbitrator shall be borne by the parties equally.

ARTICLE 25 - HEALTH AND WELFAR E INSURANCE PLAN

The employer shall provide the present level of benefits for all employee which includes Health Care, Dental Insurance and Life Insurance in the amount of $10,000.

ARTICLE 26 – PENSION

The Company shall contribute, for each hour for which an employee by this Agreement is entitled to pay up to forty (40) hours per week (a maximum of 2,080 hours per year) per employee, to the Laborers' International Union of North America's National (Industrial) Pension Fund in accordance with scheduled (A&B) to this Agreement.

ARTICLE 27 – BULLETIN BOARD

The Company will provide designated bulletin boards with adequate space for the posting of Union notices.

Such Union notices are not subject to prior review by management. The Union shall not post any derogatory information against the company.

ARTICLE 28 – MANAGEMENT RIGHTS

The management of the business and the direction of the employees, including the right to hire, suspend for cause, promote, demote, transfer, discharge for just cause and the right to layoff employees because of the lack of work for other legitimate reasons, is vested exclusively in this Company, subject to the layoff and recall provisions of the Agreement. The establishment or modification of operating standards, quality of opening standards, quantity and quality of production and workmanship, methods and schedules of operations, assignment of work, assignment of routes and any written description of work to be accomplished on each job is reserved for Company. In the event of change of equipment or decrease in the volume of the work to be done or the subcontracting of any of the work to be done. The Company shall have the right to reduce the working force if, in the sole judgment of Company, such reduction of force is required, and nothing in this agreement shall be construed to limit or in any way restrict the right of Company to adopt, install or operate any new or improved equipment of methods of operation. Nothing contained in this agreement shall be intended or construed as a waiver of any of the usual inherent and fundamental rights of management, whether the same has been exercised heretofore or not, and these rights are hereby expressly reserved to the Company.

ARTI CLE 29 – TRAINING

Section 1: The Employer shall contribute for each hour for which each employee covered by this agreement is entitled to pay, to the Laborers' - Employer Service Contract Education and training Fund at the rate set forth in Addendum A to this Agreement. The Employer and the Union hereby adopt the Agreement and Declaration of Trust establishing said Fund, a copy of which has been provided to each, and agrees to comply therewith.

Section 2: The Employer shall submit contributions due for work performed during a month to the Fund by the 20th day of the month immediately following, and shall also submit hours to the Fund's Board of Trustees, to verify the Employer's contributions. Interest as the rate of one and one half percent (1.5%) per month compounded shall be assessed against the Employer for all contributions past due for more than thirty (30) days unless expressly waived in whole or part by the Board of Trustees. If the Employer becomes delinquent in making a required contribution or report to the fund, the Union and the Fund shall have the right to take whatever steps necessary to secure compliance by the Employer with its obligations, notwithstanding any provision of this Agreement to the contrary. The Fund shall be entitled to have a certified public accountant firm audit the payroll and other records of the Employer solely for purposes of verifying the accuracy of contributions to the Fund.

ARTICLE 30 - NO STRIKES - NO LOCKOUTS

Section 1: It is the intent and purpose of the parties hereto, set forth herein, the basic agreement covering wages, hours of work and other terms and conditions of employment to be observed by the parties and to provide a procedure for the prompt and equitable resolution of disputes and grievances arising between the parties. Accordingly, it is agreed that there shall be no interruptions in, or impediment to the employer's operations, or any stoppages, strikes, or lockouts during the life of this agreement arising out of such dispute or grievance. Instead, such disputes and grievances shall be peacefully resolved under the grievance procedure provided in Article 24.

Section 2: It is agreed that in all cases of any authorized strikes, slowdowns, walkouts, or any other unauthorized acts of employees of the Employer, or of any affiliated Local Union and/or District Council, or official thereof, the Union shall promptly undertake to induce employees to return to their jobs and to process any dispute under Article 24, and no liability shall attach to the Union unless, and until, any such unauthorized act has been expressly ratified by the Union.

ARTICLE 31 - TERMS OF AGREEMENT

This Agreement shall remain in full force and effect from March 1, 2018 until February 28, 2019 and from year to year thereafter unless written notice is given by the Union or the Company one hundred twenty (120) days prior to any expiration date of its desire to negotiate wages, fringes, modify, amend or terminate this Agreement.

In the event that provisions of this Agreement shall, at any time, be declared invalid by a-Court of competent jurisdiction or become invalid by virtue of any state or Federal Law, rule or regulations, such event shall not invalidate the entire Agreement, it being the express intention of the parties hereto that all other provisions not so invalidated shall remain full force and effect.

INWITNESS WHEREOF, the parties hereto have executed this Agreement

For The Union

Public Service Employees Local 572 5627 Allentown Road, Suite 206

Camp Springs, MD 20746

Signature:

Name:

Title:

Date:

Signature: __________________________________

Name: _____________________________________

Title: ______________________________________

Date: ______________________________________

For The Company

Crothall Service Group P.O. Box

Sunrise, FL 33345

Name:

Title:

Date:

Larry H. Doggette

Business Manager

4-20-2018

Lorena Cruz

Chief Negotiator

4-20-2018

Lorena Cruz

COVERING SERVICE CONTRACT WORK

BETWEEN

PUBLIC SERVICE EMPLOYEES LOCAL UNION 572 LABORERS' INTERNATIONAL UNION OF NORTH AMERICA AND CROTHALL

SERVICE GROUP

AT THE NATIONAL INSTITUTES OF HEALTH, BETHESDA, MD

Item Classifications Current Rate

Effective 3/1/18

Wages Housekeeping I Housekeeping II Lead Person

$13.98 $14.44 $0.25 above Housekeeping

II.

$15.50 $16.50

Leads shall be paid $.25 above Housekeeping II. Effective 3/1/18, any Lead who earns less than $16.50 shall be brought to $16.50.

Effective 3/1/18, any Lead who is above $16.50 shall receive a 3% wage increase. Retro pay from 12/1/17 to 2/28/18 shall be paid to all Housekeepers I, II and Lead at a rate of 2%.

Shift Differential Housekeeping I Housekeeping II 2nd & 3rd

10%above the base hourly rate

10% above the base hourly rate

Health & Welfare MAN·U Insurance $4.50 EFFECTIVE 1/01/2017

$4.50 EFFECTIVE 1/01/2018

Pension

National Ind. fund

0.60 per hrs paid plus applicable mandated surcharge

0.66 per hrs paid plus applicable mandated surcharge

Vacation

2 wks after 1yr 3 wks after 5 yr 4 wks after 15yrs

2 wks after 1yr 3 wks after 5 yrs 4 wks after 15yrs

Sick. Leave 1 day per month 75% payout Of unused at end of year Or

7.5 days carry over

6 days per year ½ per month use it or lose it, may carry over up to 64 hours at any given time..

Holidays 10days per yr 10 days per yr 1 birthday of employee 5 personal days per year

Uniforms described in Article Xlll of CBA described in Article Xlll of

CBA

Funeral Leave 3 days immediate family 3 days immediate family

Hazardous Travel Pay $.25 additional per hour worked

$1.00 additional per hour worked

Rest Period 30 minutes paid lunch 30 minutes unpaid lunch

30 minutes paid lunch 30 minutes unpaid lunch

Training Fund SCETTF $.30 per hrs paid $.30 per hrs paid

The parties have negotiated and agreed to the changes in the attached Schedule "A" Covering wages and fringe benefits under the provisions established in the collective bargaining agreement.

For The Union

Public Service Employees Local 572 5627 Allentown Road, Suite 206

Camp Springs, MD 20746

For The Company

Crothall Service Group P.O. Box

Sunrise, FL 33345

Name: Name:

Title:

Date:

Signature: __________________________________

Name: _____________________________________

Title: ______________________________________

Date: ______________________________________

Title: ______________________________________

Date: ______________________________________

Business Manager

4-20-2018

Lorena Cruz

C…