SP330021Q0114 Amendment 0002_ Attachment 1_CBA Texarkana IAMAW-CCS 2021-2024 Final.pdf

COLLECTIVE BARGAINING AGREEMENT

Between

Commercial Custodial Services 2040 S Alma School Rd 1-501

Chandler, AZ 85286

And

The International Association of Machinists and Aerospace Workers District Lodge 171 Local Lodge 1243

Effective October 14,2021 Through October 13, 2024

Table of Contents

Preamble ………………………………………………………………..… Article I Purpose and Scope……………………………………………,…...3 Article II Union Recognition……………………………………………,,,….3 Article III Union Security……………………………………………………..4 Article IV Dues and Initiation Fee/Check-Off………………………………...5 Article V Non Discrimination………………………………………………...5 Article VI Union Representation………………………………………...…….6 Article VII Discipline and Discharge…………………………………………...6 Article VIII Grievance/Arbitration Procedure…………………………………...8 Article IX Leaves of Absence………………………………………………...10 Article X Wages……………………………………………………………...13 Article XI Hours of Work and Overtime…..………………………………….13 Article XII Holidays…………………….……………………………………...15 Article XIII Seniority……………………………………………………………16 Article XIV PTO and Sick Leave…...….………………………………………..17 Article XV General Provisions………………………………………………….19 Article XVI No Strike or Lockouts………………………………………………19 Article XVII Federal and State Laws……………………………………..………19 Article XVIII Physical Examinations……………………………………….……..19 Article XIX Management Rights….……………………………………………..20 Article XX Fringe Benefits……………………………………………………...20 Article XXI Safety……………..………………………………………………...21 Article XXII Worker’s Compensation…………………………………………….23 Article XXIII Drug and Alcohol Free Workplace.……………………………..…..24 Article XXIV Complete Agreement…………………………………………..……26 Article XXV Duration and Termination……………………………………..… Appendix A Schedule of Wages…. ………………………………………… Signature Page ……………………………………………………………………

Preamble This Agreement is made and entered into this the 8th day of October, 2021, by and between Commercial Custodial Services LLC. (hereinafter referred to as the “Company”), and The International Association of Machinists and Aerospace Workers District Lodge 171, and it’s Local Lodge 1243 (hereinafter referred to as the “Union”), with respect to work performed at the Red River Army Depot, Texarkana, TX.

The use of personal pronouns of masculine gender is for grammatical purposes only, and the terms of this Agreement shall apply equally to persons of either sex.

Article 1 Purpose and Scope

It is the intent and purpose of the Parties hereto 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 procedures for prompt, equitable adjustments of alleged grievances to the end that there shall be no work stoppages, strikes or lockouts during the life of this Agreement.

Should the Company establish any new facilities that result in work or services presently performed under this Agreement being transferred, the Company agrees to consult with the Union and offer employees who are adversely affected job opportunities that may be available at the new facilities.

This Agreement shall be binding upon the parties hereto, their successors, administrators, executors and assigns. On the sale, transfer or lease of any facility and/or equipment only the specific provisions of this Agreement, including supplements or other conditions shall prevail.

The company shall give notice of the existence of this Agreement to any purchase, transferor, lessee, assignee, etc. of the operation covered by this Agreement or any part thereof. Such notices shall be in writing with a copy to the Union at the same time the seller, transfer, lessors execute a contract or transaction described herein.

Article 2 Union Recognition

Section 1:

The Company agrees to recognize the Union as the sole and exclusive bargaining agent as certified by the National Labor Relations Board Case No. 16-RC-154692, dated July 22, 2015, for the purpose of collective bargaining with respect to rates of pay, wages, hours of employment and other conditions pertaining to employment for all of the employees in the bargaining unit hereinafter set forth.

All full time and regular part time janitorial employees employed by the Company at the Red River Army Depot in Texarkana, TX, but excluding all office clerical employees, professional employees, quality assurance/control inspector employees, managers and guards and supervisors as defined by the McNamara-O'hara Service Contractors Act.

Full time employees are regularly scheduled to work greater than or equal to 30 hours per workweek. Regular part time employees are regularly scheduled to work less than 30 hours per workweek. Exempt from these definitions are part time on call, part time seasonal and irregularly scheduled employees.

Section 2:

All employees newly hired shall be considered “probationary” employees until completion of ninety (90) calendar days of employment. During this 90-day period, the Company may, at its discretion, discharge, layoff, or transfer such employee with or without cause. No grievances shall be filed or claimed on behalf of any such employee by the Union of, or on account of, any action of the Company during this period. The termination of any probationary employee shall not be subject to the grievance and arbitration provisions of this Agreement. The probationary period shall be counted toward the calculation of paid leave benefits, but the employee is not eligible to take advantage of any paid leave benefits during this period. Employees in the probationary period are eligible for holiday pay. All leave, other than holiday leave, taken during the period is without pay.

Article 3 Union Security

It is understood and agreed to by the Company and Union that all present employees who are members of the Union on the effective date of this Agreement shall remain members of the Union in good standing as a condition of employment. All present employees who are not members of the Union and all employees who are hired hereinafter shall become and remain members in good standing of the Union as a condition of employment on and after ninety (90) days following the beginning of their employment or on and after thirty (30) days following the effective date of this Agreement, whichever is later.

NOTE: It is understood that actual membership in the Union is not a condition of employment. If an employee wishes not to join the Union for any reason they may refrain from doing so and check the box on the application form for Check-off Authorization in lieu of membership.

Employees paying a service fee will be viewed as being in compliance with the requirements of this Article and Section

Section 2:

The Company agrees that in the event it is named as a defendant or charged party in any action by an individual discharged pursuant to the provisions of the Union security clause contained in this Agreement, the Company shall promptly notify the Union and the Union shall undertake the defense of the case. The Union shall maintain the exclusive right to defend, settle, mitigate damages, litigate, and/or take whatever action it deems necessary and proper through attorneys of the Union’s choosing and at the Union’s cost. If the Company, nevertheless, decides to retain its own counsel, it shall do so at its own cost, and not the cost of the Union.

Article 4

Dues and Initiation Fee/Check Off

During the existence of the Agreement, the company, insofar as permitted by State and Federal law, shall deduct out of the current net earnings payable bi-weekly to an employee covered by the Agreement, applicable service fees or Union dues, initiation fees and reinstatement fees, upon receipt of and in accordance with a deduction authorization (the most recent form as determined by the IAM) duly executed by the employee, on a card as agreed upon between the Company and the Union and shall continue deductions until such authorization is duly revoked by the employee.

Section 2:

Such payroll deductions shall be remitted to the location as designated by the District Lodge on an accelerated basis. Company will forward the agreeable amounts on a bi-weekly basis coordinating with Company’s pay schedule. The Company shall furnish to the Financial Officer of the Union a record of those from whom deductions have been made and the amounts of the deduction.

Section 3:

The Union shall indemnify and save the Company harmless against any and all claims, demands, suits, or other forms of liability that shall rise out of or by reason of any action taken or not taken by the Company for the purpose of complying with any of the foregoing Sections of this Article, or in reliance on any list, notice, assignment or authorization form furnished under this Article.

It is expressly understood and agreed that, upon receipt of proper proof, the Union will refund any Union dues, initiation and/or reinstatement fees erroneously withheld from an employee’s earnings by the Company and paid to the Union

Article 5 Non-Discrimination

In accordance with the applicable federal, state, and local laws, neither the Company nor the Union shall discriminate against any employee with respect to any of the terms and conditions of employment on account of race, creed, color, sex, religion, national origin, age, marital status, sexual orientation, veteran status, genetic information and testing, and physical or mental handicap. Further, no member of the Union shall be discharged or discriminated against because of his/her membership in the Union.

Article 6 Union Representation

The Company recognizes the right of the Union to designate a reasonable number of Shop Stewards and Alternates from the Company’s seniority list. The authority of the Shop Stewards and Alternates so designated by the Union shall be limited to, and shall not exceed, the following duties and activities:

1. The investigation and presentation of grievances to the Company or the designated Company representative in accordance with the provisions of this Agreement.

2. The transmission of such messages and information, which shall originate with, and are authorized by the Union or its Officers, provided such message and information have:

a. been reduced to writing, or

b. if not reduced to writing are of routine nature and do not involve work stoppages, slowdowns, refusals to handle goods, or any other interference with the Company’s business.

Section 2:

Shop Stewards shall be permitted reasonable time to investigate, present, and process grievances on the Company property, without loss of time or pay during his regular working hours. The Shop Steward, however, shall not be paid by the Company for time spent handling grievances outside of his regular scheduled working hours.

Section 3:

Union Representation shall have access to the facility by permission of the Company. The Union shall notify the Site Manager in advance for such visitation. Union Representation shall not interrupt work being performed under this Agreement during visitation.

Article 7 Discipline and Discharge

Section 1:

The Company shall have the right to discipline and discharge an employee for just cause.

Section 2:

The parties understand that all employees have been hired by the Company to fulfill the Company’s service contract with the U.S. Government, and their employment is therefore limited to the duration of the Company’s undertaking. It is further understood that the employee’s employment by the Company will terminate upon completion of the service contract if the service contract is not renewed in accordance with the terms and conditions of said contract.

Section 3, Progressive Disciplinary Procedures:

Procedures and Accountability The guidelines for progressive disciplinary actions for use by supervisors are as follows:

Group 1:

1st Offense: Verbal Warning with written notification to the employee and a copy to the supervisors deck file.

2nd Offense: Written warning to Employee and a copy to the Personnel Record.

3rd Offense: Three (3) day suspension from employment 4th Offense: Termination of employment.

Type of offense for Group 1:

1. Violation of dress code guidelines or good hygiene consistent with the work assignment or profession.

2. Failure to ensure safe, sanitary and secure conditions in the work site or vehicles assigned.

3. Smoking in “No Smoking” areas.

4. Solicitation, distribution or posting of material or notices without prior written authorization from supervisor. (This does not include Union material distributed or posted by a Union official).

5. Failure to follow reasonable instructions and/or work assignments appropriately and within professional ethics and in accordance with the job description.

6. Failure to report to work at the assigned time.

7. Stopping work before specified time, loitering or loafing during work hours.

8. Failure to give notice prior to reporting time of an illness or emergency preventing work or being on time for work.

Group 2:

1st Offense: Written warning to Employee and a copy to the Personnel Record.

2nd Offense: Three (3) day suspension from employment or termination from employment.

Type of offense for Group 2:

1. Failure to report incidents including, but not limited to: personal injury, accident or damage to government or CCS property or vehicles.

2. Leaving the workplace during work hours without authority of the supervisor.

3. Use of electronic music devices or cell phones while on the clock, except on an authorized paid or non-paid break or lunch period.

Group 3:

1st Offense: Immediate Termination

Type of Offense for Group 3:

1. Any breach of confidentiality to include or releasing any information concerning anyone’s medical, social or financial records without proper authorization.

2. Reporting to work intoxicated or under the influence of intoxicants or illegal drugs.

3. Possession, sale or use of intoxicants or drugs during working hours.

4. Disclosure of information confidential to the Company.

5. Dishonesty of any kind to the Company.

6. Failure or refusal to carry out orders or instructions (insubordination).

7. Falsification of any Company documents.

8. Threatening or engaging in physical violence, including fighting.

9. Unauthorized use of, removal of, theft, or intentional damage to the property of the

Company, the government, Co-workers, or Government employee.

10. Failure of or refusal to submit to drug and alcohol testing.

11. Unauthorized absence for three (3) consecutive workdays unless excused by the

Company.

12. Direction from the Government that an employee has been banned from the Red

River Army Depot.

13. Possession of weapons or explosives at the Company’s offices or at the Red River

Army Depot.

14. Sleeping on the job.

Section 4:

No employee shall be disciplined without having the opportunity to be represented by the Union via the Steward’s presence; provided however that discipline involving termination shall become effective immediately on a provisional basis in which case the terminated employee may seek reinstatement of employment. The Steward will be notified, within 24 hours and report to the Disciplinary meeting. The Steward will inquire of the employee their desire to have the Steward present. If the employee refuses, the Steward and/or Company will request the employee sign a refusal for representation form. The refusal will be applicable to that current disciplinary meeting and not be considered for future disciplinary meetings.

Note: Employee has the right to change the refusal decision and request the Steward.

Section 5:

All disciplinary actions taken by the Company shall be removed from the employee file after twelve (12) months from the date of infraction. It is further agreed that no prior discipline will be used for progressive discipline after the twelve (12) month period has expired.

Article 8 Grievance/Arbitration Procedure

Section 1:

It is the intent of this Article to establish a means for prompt adjustment of working problems and personal grievances at the job level by conference between the Site Supervisor and the employee involved, provided the Union Representative has been given an opportunity to be present. If not resolved at this informal level, a formal written grievance shall be filed. The grievance shall contain a full statement of the grievance and the facts upon which it is based, the section of this Agreement alleged to have been violated and the action, remedy or adjustment sought. In grievances filed on behalf of individual employees, the grievance shall be signed, by the affected employee, prior to Step 1 of the Grievance Procedure. Grievances shall be processed according to the steps and time limited specified. These time limits may be extended upon written mutual consent of the parties.

No grievances shall be filed or processed based on facts or events, or omissions within the employee’s knowledge which have occurred more than ten (10 working days before such grievance is filed. Both parties agree to exert an earnest effort to settle such grievance promptly through the following steps:

Step 1 - The employee involved shall first confer with his Project Manager in order to amicably settle the matter, provided the Steward has been given an opportunity to be present. Any and all grievances shall be handled during normal working hours without any unnecessary interruption of work. If the dispute is not resolved amicably then the employee or Steward must file a grievance. Within five (5) working days after receipt of grievance, the Project Manager shall submit a written answer to the affected employee or Steward.

Step 2 - If not settled/resolved at Step 1, the Union may submit the grievance to the Company’s Human Resource Director or designee within five (5) working days. The Company’s Human Resources Director or designee and the Union’s Business Representative or designee will meet, in person or by telephone conference, within five (5) working days and attempt to resolve any grievance. If unable to resolve the grievance, the Human Resources Director or designee shall submit a written answer to the Union within five (5) working days.

Step 3 - The Union’s Business Representative may submit, within ten (10) working days following the Company’s Step 2 answer, written notice to the Company’s Human Resources Director of its intent to arbitrate. The Union will request the Federal Mediation and Conciliation Service to submit an arbitration panel of seven (7) names to each party. The Union and the Company shall alternately strike one name from such list (the Company and the Union shall alternate which party shall make the first strike, Company to make the initial strike) until only one name remains and that person shall be the arbitrator. The parties will notify the Arbitrator of their selection and will coordinate schedules between the Company, Arbitrator and Union. The cost of the Arbitrator will be shared equally among the parties. The Company and the Union will continue to attempt to resolve the grievance prior to arbitration.

Section 2:

The arguments before the Arbitrator will be oral, written or both. The Arbitrator shall not have the authority to add to, subtract from, modify, alter or change any of the terms of this Agreement.

The Arbitrator’s authority is to interpret and apply provisions of this Agreement. The Arbitrator shall be bound entirely by the records presented in the form of evidence presented at the hearing and the Collective Bargaining Agreement.

The Parties may file post hearing briefs. The Arbitrator shall render his decision within thirty

(30) days of the close of the hearing or receipt of the briefs. The Arbitrator’s decision shall be in writing. The award shall be delivered or mailed to each party. The decision of the Arbitrator shall be final and binding on all parties.

Section 4:

In cases of cancellation, the party requesting cancellation shall pay all fees and costs of the Arbitrator. In cases where the cancellation is the result of a compromise settlement, fees of costs of the Arbitrator shall be shared equally by the parties. No more than one (1) grievance shall be submitted to the same Arbitrator, unless mutually agreed to. All time limits shall be strictly adhered to and may only be extended by mutual agreement of the parties.

Section 5:

Any monetary award shall be limited to the actual loss incurred by the grievant, less such other compensation, including wages, commissions, worker’s compensation and unemployment compensation, as the grievant may have received or which may be due to the grievant for the designated award period. The parties will conduct the arbitration cases at a location selected by the parties.

Article 9 Leaves of Absence

Limited unpaid personal leaves of absence may be granted by the Company upon request of employees who have completed their probationary period. Such leaves shall be not more than thirty (30) calendar days. Requests for unpaid personal leaves of absence must be made in writing and must receive approval by the Company. Any accrued Vacation and sick leave must be used before any leave will be approved. A maximum of two (2) extensions may be approved by the Company.

Health insurance may continue while on an approved leave of absence, provided that the employee pays their premiums on time to the company. When an employee is approved for a leave of absence, the company will provide them with the bi-weekly premium amount, the dates the payments are due, an address to send the payments, along with contact information for HR, and an additional contact number in case HR is unavailable. In the event that an employee misses a payment, they will be contacted by phone or US mail, they will then have until the next payment is due, to pay the missed payment, and the current payment. If they miss either of those payments, the company will terminate their insurance. Once an employee returns to work, any outstanding balance will be deducted in equal parts over their next four (4) full paychecks.

Section 2:

Seniority shall continue to accumulate during the approved leave of absence. When an employee has been granted a leave of absence for a specified period of time, it will be the employee’s responsibility to request an extension of such leave prior to expiration if additional time is required. All such extensions must have prior Company approval.

Section 3:

Leaves of absence for legitimate personal health reasons supported by sufficient medical verification will be granted to an employee for a period not to exceed ninety (90) days within a one year period and will be extended when supported by sufficient medical verification supplied by the employee from a licensed physician Leaves of absence for personal health reasons will not exceed twelve (12) months. An employee will be laid off after twelve (12) months. Covid related leaves of absences will not count towards the twelve (12) months.

Health, Dental and Vision insurance, if elected, in addition to any optional benefits elected by the employee will continue for the duration of the leave of absence as described above. When an employee is approved for a leave of absence, the company will provide them with the bi-weekly premium amount, the dates the payments are due, an address to send the payments, along with contact information for HR, and an additional contact number in case HR is unavailable. In the event that an employee misses a payment, they will be contacted by phone or US mail, they will then have until the next payment is due, to pay the missed payment, and the current payment. If they miss either of those payments, the company will terminate their insurance. Once an employee returns to work, any outstanding balance will be deducted in equal parts over their next four (4) full paychecks.

Section 4:

An employee on leave of absence for personal health reasons may return to work prior to or at expiration of such leave upon the written release of a licensed physician provided the employee is able to perform his/her assigned duties safely. Should the Company question the employee’s capability to perform the assigned duties safely, the Company may have the employee examined by another physician, prior to returning the employee to work.

a. While on leave of absence for personal health reasons, the employee shall notify the Company as to his/her potential of returning to work on a biweekly basis, except in those cases where the employee’s physician has provided an expected date of return.

b. An employee may be returned to restricted duty provided the Company is able to accommodate said restrictions.

Section 5:

Leaves of absence without pay for Union business not to exceed two (2) weeks, individually and or cumulatively, per year, will be granted to Bargaining Unit employees of the Company, who are elected or appointed by the Union, to attend such functions as conferences, conventions, and union educational courses, provided at least five (5) work days advance notice is given in writing to the Company, if possible to do so. However, not more than one (1) employee may be on such leave at any time.

Section 6:

Leaves of absence without pay in worker’s compensation injury and legal occupational disease cases will be granted automatically for up to a twelve (12) month period of legal temporary disability, and seniority will accumulate for the full period of such leave.

Section 7:

The company will comply with, Uniformed Service Employment and Reemployment Rights Act.

Section 8:

When leaves of absence are granted, the employee, upon return to active employment, will be returned to his/her classification based upon seniority and qualifications.

Section 9:

An employee required to be absent from his employment to serve on a jury shall be paid his regular hourly rate of pay as set forth below, for all regular scheduled straight time hours for each day of jury services. Such absences shall be supported by a statement signed by the Clerk of Court certifying as to each day of jury duty.

An employee’s receipt of a subpoena or notice to report for involuntary jury duty must be reported immediately to the employees’ supervisor. The Company may request that the employee be excused or exempted from jury duty if the Company deems the employees’ services are essential at the time of the proposed jury service. An employee summoned to the involuntary service of jury duty shall be paid the difference between his/her regular pay and jury duty pay during the period of jury duty. When an employee receives his/her pay for such jury duty, he/she must present record of that payment to the Company. The Company shall pay the employee straight time pay for the time he/she was away on such jury duty, minus the amount paid for jury service When an employee is excused from such jury service, either temporarily or permanently, on any scheduled workday, the employee shall promptly report to complete any remaining hours on his/her workday.

Section 10:

Employees shall receive (3) paid days of bereavement leave when a death occurs in their immediate family. Immediate family is defined as parent, grandparent, spouse, child, grandchild, brother, sister, mother-in-law, father-in-law, step-parent, step-children, brother-in-law, sister-in-law and domestic partner. For close relatives the bereavement pay will be for up to two (2) days.

Close relative is defined as aunt, uncle, niece and nephew. The Company may require proof of the death and relationship, including a newspaper obituary or death certificate where appropriate.

If an employee must attend services which include travel greater than 400 one way up to two (2) additional days, or a total four (4) days for close relative or five (5) days for immediate family shall be granted.

There shall be no pyramiding of bereavement pay with other pay. Thus, if an employee is on vacation, holiday or other paid time off while there is a death in the family, they shall not receive any additional pay which would increase his basic weekly salary.

Article 10 Wages

The Company shall pay the scale of wages included in Appendix A made a part hereof. The classifications are contained in Appendix A.

Article 11 Hours of Work and Overtime

No provision of this Agreement shall be considered as a guarantee of any specified number of hours of work, either per day or per week.

Section 2:

Eight (8) consecutive hours, exclusive of a meal period of a minimum of thirty (30) minutes, shall constitute a normal work shift.

Section 3.

The work week for payroll purposes shall consist of seven (7) consecutive calendar days beginning on Sunday morning at 12:00 AM and running through the following Saturday night at

11:59:59 PM.

The normal work schedule shall be Monday through Friday. All work schedules shall have two

(2) consecutive days off.

All employees will receive two (2) uninterrupted paid fifteen (15) minute breaks per day. One

(1) to be taken during the first half of their work day and one (1) to be taken during the second half of their work day.

In the event any employee is required to work beyond any eight (8) hour work day, the affected employee will receive an additional paid fifteen (15) minute break prior to commencing additional work and during each two hour period of additional work.

Section 5:

Employees covered by this Agreement assigned to work evening or night shifts will be paid a shift differential. Evening shift will receive $0.75 per hour for hours worked if shift starts between 3:30-11:29:59 pm. Night shift will receive $01.00 per hour for hours worked if shift starts between 11:30 pm and 5:30 AM.

Section 6:

Unless notice is given to employees that the Company is not operating on a particular day, employees who report for work at their scheduled start time will be paid for all hours scheduled to work at the regular hourly rate. Notice under this provision may include a voice mail recording maintained at the company’s offices, direct telephone notice to employees, e-mail notices to employees and/or notification by designated radio and television broadcasts. In addition, all employees have the responsibility to provide the Company with an appropriate means of delivering this notification, including, for example, maintaining telephone service, or where notification is made by voice mail or answering machine at the Company’s office, by calling to the Company’s office to receive notice.

Section 7.

Notice for mandatory scheduled overtime will be given as soon as practical after site management deems that overtime work will be required. The Company will make an effort to distribute overtime as equitably as possible within the confines of contractual requirement. The Project Manager will maintain an overtime use roster for determining overtime eligibility. The Shop Steward will have access to the overtime use roster.

The overtime rate will be time and one-half (1-1/2) the employee’s regular working rate of pay for all hours worked over forty (40) in a workweek. Nothing in this Agreement shall be construed as to require the payment of overtime on overtime, or compounding of overtime, as a result of computing hours in accordance with this Article.

An employee who has not completed their probationary period, will not be assigned any overtime, unless all qualified senior employees have had an opportunity to work the overtime, and it is determined by the Project Manager that the probationary employee is qualified to carry out the responsibilities to be assigned to the overtime.

All hours worked in excess of forty (40) hours per week shall be paid for at the rate of one and one-half (1-1/2) times the employee’s rate of pay.

Section 8:

Where an employee is called to work outside of their normal hours, the employee will be paid a minimum of three (3) hours of pay at their regular rate.

Section 9:

Employees who volunteer to perform Covid disinfection cleans will receive a premium of $5.00 per hour, for all hours spent cleaning/disinfecting the area.

Article 12 Holidays

Section 1:

Employees are entitled to the following holidays, for each of which they will receive holiday pay equal to the employee’s normal workday hourly compensation at the employee’s straight time base hourly rate.

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

Any other Holiday declared by the federal government and/or the Red River Army Depot, Texarkana, Texas.

Section 2:

In order to qualify for holiday pay, an employee must work scheduled the day before and the day after the holiday or be on approved absence.

Section 3. The Company reserves the right to require employees to work on a holiday. When employees are required to work on a holiday, they shall receive the same pay as they would receive on a regular workday plus the day’s pay that they are normally entitled to for the holiday.

Section 4:

Should any holiday authorized above occur on a Saturday, the preceding Friday will be considered the holiday. Should any holiday authorized above occur on a Sunday, the Monday following will be considered the holiday.

Part time employees are eligible for holiday pay on a pro-rata basis and will be paid per the Service Contract Act, per their “regular” scheduled hours, or if “irregular schedule”, prorated based on the previous week of hours worked.

Section 6:

Employees on leave without pay or disciplinary suspension are not eligible to receive holiday pay. An unpaid holiday will count towards one of the days of suspension.

Article 13 Seniority

Seniority of an employee is the length of his continuous service with the Company including time spent with predecessor Companies. An employee shall hold seniority in the job classification as listed in Article X of this Agreement to which he has been assigned.

a. It is understood that seniority, defined in Article XIII, Section 1, shall govern in the filling of vacancies within job classifications and the assignment of shifts, provided the employee is competent and capable of performing the job.

b. When vacancies occur in any job classification covered by the Agreement, the Company shall post notice of such vacancies for a period of five days. The Company will give full consideration to senior qualified employees within the bargaining unit who have signed said posted notice prior to hiring outside applicants.

Section 2:

In cases of layoff, the employee with the least seniority in the affected job classification shall be laid off first. Employees selected for layoff may elect to bump into lower rated classifications for which they’re qualified to perform. The employee will inform the Company of his election to bump within one business day following his notice of layoff. In recall back to work, the employee with the most seniority qualified to perform in the open job classification shall be recalled first.

Section 3:

An employee shall lose his seniority and his continuous employment shall be broken for the following reasons:

a. Resignation

b. Discharge for just cause

c. Layoff in excess of two years d Failure to return to work at the expiration of a leave of absence

e. Failure to return to work within seven days after being recalled from layoff unless excused by the Company.

f. Absence of three consecutive work days without reporting to the Company, except in case of an emergency.

g. Accepting an exempt position within the company for more than 90-days.

Section 4:

Each new employee shall serve a probation period of ninety (90) days. If during the ninety (90) day period it is found that the new employee is not suitable for the job, his employment may be terminated at the Company’s sole discretion, without recourse to the grievance procedure.

Section 5:

Withstanding Section 3 above, if an employee returns to employment with the company within twenty-four (24) months, they shall have their seniority reinstated at the level they had prior to leaving.

Article 14 PTO and Sick Leave

Section 1:

Continuous service accumulated with prior contractors will be used in determining the amount of Vacation and sick for which an employee is eligible. In all other cases, service for vacation and sick leave purposes will date from the employee’s date of hire by the Company.

Section 2. Schedule PTO and Sick Leave accrual rates are calculated on hours paid and are as follows:

0-48 months of service 0.0385 per hours paid 80 hours + 56 hours of sick

49-108 months of service 0.0578 per hours paid 120 hours + 56 hours of sick

109-204 months of service 0.0769 per hours paid 160 hours + 56 hours of sick

205+ months of service 0.0961 per hours paid 200 hours + 56 hours of sick

Note: employees must pass 90 day probationary period prior to use of leave.

Accruals will be deferred until completion of the probationary period. Employees will not be eligible to use vacation or sick leave during this time. When an employee moves to the next higher level of accruals, it is understood that the new accrual rate will begin on the first day of the next full pay period.

The scheduling of PTO will be management’s responsibility and shall take into consideration the workload commitments of the organization. PTO must have been accrued prior to using. All PTO requests should be made at least 24 hours in advance. Unscheduled PTO or sick leave shall be granted by management for all or part of a day for reasons of illness, emergency, or other unanticipated reasons deemed valid by management PTO or sick leave will be taken in hourly increments of no less than 30 min increments. Deviations to the hourly increment for emergency situations will be determined by management.

Section 5:

Any employee having accrued unused leave at their anniversary may carry over up to 320 hours and any remainder will be paid out. All accrued unused vacation or sick leave will be paid out upon termination/retirement. If an employee dies while on the payroll of the Company, payout of vacation and sick leave shall follow the normal payroll procedures.

Section 6:

Employees shall be provided each pay period an accounting of their vacation and sick leave accrual on their pay stub or other appropriate document.

Section 7:

Employees will be paid their regular daily rate, in the event of Presidential Proclamation, Administrative or Executive Order which results in additional time off or base closure for part or all of the day due to inclement weather. Upon Company approval and provided work is available, employees may be allowed to make up work time when there is a delay in base opening or closing.

Article 15

General Provisions Section 1:

The company agrees that it will not discriminate against any employee because of his membership in the Union.

Section 2:

The Company shall furnish all special tools and equipment necessary for the performance of work.

Section 3: The Company shall provide all OSHA-required safety gear, as required for use in performing work.

Section 4:

The Company shall pay the employees on a bi-weekly basis. Pay statements shall include the employee’s pay rate, the number of hours worked and shall designate when pay is attributable to

PTO.

The Company shall provide all full time and regular part-time janitorial employees employed by the Company located at Red River Army Depot, Texarkana, Texas with five (5) tee shirts every 12 months with replacement tee-shirts or as needed from wear and tear.

Section 6:

The Company shall provide and install one (1) bulletin board in the time clock area. The Union shall be permitted to post Union notices relating to meetings, appointments of committees, election of officers and dues. No political endorsements or notices that are defamatory, derogatory or inflammatory will be permitted, as determined by the Company. Material shall be posted on this bulletin board only by the Shop Steward or a person previously designated, in writing to the Company, by the Union to act for the Union for that purpose.

Section 7:

Should an employee be required to use their personal vehicle for work purposes. This means that there is no other means of transportation available to the employee provided by the company the employee will be reimbursed for their mileage at the rate determined by the IRS for mileage reimbursement. The mileage reimbursement will be given only for working hours and the route determined will be tracked by management.

Article 16

No Strike or Lockouts The Union agrees that it shall not engage in, authorize or recognize any strikes, picketing, walk outs, work stoppages, slowdowns, refusals to handle goods or any other interference with the Company's business, or other interruption of the Company’s normal operations during the term of this Agreement; the Company agrees that it shall not lock out the employees during the term of this Agreement.

Article 17 Federal and State Laws

In the event that any provision of this Agreement shall, at any time, be declared invalid, in whole or in part, by final adjudication of a state or federal court or administrative agency or by legislative enactment, such decision or legislative enactment shall not necessarily invalidate the entire provision and any such provision shall continue in effect to the extent permitted by law.

All other provisions not declared invalid shall remain in full force and effect.

Article 18 Physical Examinations

If the Company deems it necessary, or is required by the Contracting Agency, or Local, State or Federal Regulations, the Company may require an employee to undergo a physical examination.

The Company shall have the right to select the examining physician, request the physician to conduct specific tests relating to job performance, and to receive a written report from the physician as to the findings. Such reports shall be considered and treated in a confidential manner by the Company. The total cost of such examinations, exclusive of any treatment given, shall be borne by the Company.

Article 19

Management Rights The management of the Company and the direction of the work force are vested exclusively with the Company. The Company retains all functions of management, not specifically limited by the express language of this Agreement. It is the right of the Company to discipline for just cause, terminate for just cause, suspend for just cause, or otherwise relieve employees from duty for lack of work. The Union further acknowledges that the Company may implement reasonable rules and regulations concerning methods to identify illegal work force or any other purpose not prohibited by this agreement.

Article 20 Fringe Benefits

Section 1:

The Company will make contributions on behalf of all eligible full-time bargaining unit employees to the National I.A.M. Benefit Trust Fund in the amount set forth in and in accordance with the terms of the National I.A.M. Benefit Trust Fund Standard Contract Language (the “Standard Contract Language”) applicable to the bargaining unit employees.

Eligibility, coverage and benefits shall be as set forth in the Standard Contract Language. The Standard Contract Language, however, does not and is not intended to pre-empt, vary or alter the terms of the Agreement or the Company’s obligations. The Parties agree that the company’s contribution shall be allocated among the Company and each employee as specified below. The Company shall pay to the National I.A.M. Benefit Trust Fund on behalf of each eligible employee for all hours paid up to 40 hours per workweek: Employees who are able to show proof of Health insurance on anther plan, will receive the Fringe Benefit amount below in their bi-weekly pay check.

Effective 10/14/2021 $6.67 Effective 10/14/2022 $7.13 Effective 10/14/2023 $7.63

To the extent of the cost of the coverage(s) selected by the employee exceed this amount, the excess cost shall be borne by the employee, and the Company shall withhold any such excess cost from the employee’s paycheck on a bi-weekly basis. This withholding shall be combined with the fringe benefits due to the employee and this combined total shall be equal to the contribution amount for the coverage(s) selected by the employee as set forth in the Standard Contract Language. In no event shall the Company be liable for the cost of any coverage(s) selected by the employee in excess of the benefits set forth herein.

Article 21

Safety Section 1: Company Commitment

a. The Company agrees to maintain sanitary, safe and healthful conditions in all its operations and working establishments in accordance with applicable Federal, National Consensus, State and Contractual safety & Health Laws, Rules & Regulations.

b. Under no circumstances will any employee be required to engage in any activity involving unreasonably dangerous conditions or work or danger to person or property or in violation of any applicable statute or government regulation relating to safety of person or equipment. The term “dangerous conditions of work”, does not relate to the type of cargo, property and/or material which is hauled or handled.

c. The Employer retains all rights not specifically addressed in this Agreement.

Section 2: Legal Compliance and Revisions:

The Company is authorized to amend the Company’s Safety and Health Plan and associated rules, regulations, and policies from time to time, so they will be maintained current with the applicable Safety & Health Laws, Rules and Regulations.

Section 3: General Responsibilities:

a. All employees of the Company shall adhere to and comply with the Company’s Safety and Health Plan.

b. Compliance with prescribed Safety and Health policies and procedures is considered a condition of employment. An employee who has engaged in an unsafe work practice, fails to follow established safety procedures, fails to use required or provided safety equipment or protective clothing, commits unsafe acts, or has failed to notify the employee’s supervisor of an unsafe condition and/or accident will be subject to coaching, counseling or disciplinary action, up to and including discharge.

c. Any employee who will fully or intentionally engages in such misconduct as identified in the preceding paragraph may be immediately discharged, and if discharged, the discharge shall be deemed and regarded by the parties as for just cause.

d. All Employees who drive contract vehicles, to include Employer owned/leased, and/or government furnished vehicles, will be required to maintain a valid driver’s license and maintain a safe driving record, consistent with the Employer’s safety program and insurance requirements, as a condition of continued employment. The Employer shall have the right to check the validity of such driver’s license at their discretion in accordance with the Employer’s policies.

e. Employees shall keep equipment and contract vehicles, to include Employer owned/leased and/or Government furnished vehicles, within their control in a neat, clean and safe condition. Each Employee driving an Employer owned/leased or Government furnished vehicle shall perform the Vehicle Safety Inspection Checklist Procedures as required by Company procedures.

f. Employees will be responsible for reasonable care of customer and/or Company furnished equipment and will notify the Company of any loss, sabotage or willful damage to Company, customer, or employee property and/or materials.

Section 4: Personal Protective Equipment

a. The Company shall provide all required personal protective equipment (PPE) as required by recognized national consensus safety standards at no cost to the employee.

b. Employees shall be required to comply with all safety rules and regulations established by the Company, and to wear such protective clothing or use such safety equipment as may be required and furnished by the Company.

Section 5: Safety Training Training and certification as required by recognized national safety consensus standards and/or contract requirements will be accomplished in accordance with applicable Federal and State guidelines.

Section 6: Safety and Health Committee

a. A Safety and Health Committee shall be formed consisting of:

• The Company’s Project Manager (or his/her designated representative)

• Two employees selected by the Union

b. The Safety and Health Committee shall work cooperatively to ensure a safe environment at the Project for all employees shall meet as often as necessary but not less than bi-monthly, to evaluate safety conditions and recommend actions to the Company.

Section 7: Incident/Injury/Mishap Reporting & Investigations

a. Any employee involved in any accident including any incident involving injury shall immediately report said accident and any physical injury sustained to their immediate lead, supervisor and/or Manager. The employee, before the end of his/her current shift, shall accurately complete an accident investigation report in writing on forms furnished by the Employer and shall turn in all available names and addresses of witnesses to the accident if known.

b. Any employee becoming aware of an unsafe working condition to include equipment defects, will immediately report the condition to their immediate lead, supervisor and/or Manager. They will also record and submit a written report of the unsafe working condition or accident to the employee’s immediate supervisor on forms provided by the employer within the same work day.

c. If it is impossible to submit the written report within the same work day, the written report will be submitted by the employee within 24 hours of the initial verbal report.

Article 22 Worker’s Compensation

Section 1:

The employer shall provide Worker’s Compensation protection for all employees for compensable events “arising out of and in the course of employment”.

Section 2:

It is the responsibility of all employees to immediately notify their lead/supervisor/Project Manager in the event of an occupationally related incident, to include any mishap, injury, illness, property damage event, and/or near-miss incident.

(Immediately means as soon as practical after actions required to deal with the situation i.e. immediate emergency medical treatment, emergency procedures, etc. are taken care of.)

Section 3:

Prompt employee mishap notification permits the best possible medical treatment, conduction of immediate safety investigations and implements…