CBA_WD_CBA_2017-10176.pdf

REGISTER OF WAGE DETERMINATION UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT |EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary | WAGE AND HOUR DIVISION of Labor | WASHINGTON D.C. 20210 | Wage Determination No.: CBA-2017-10176 Diane Koplewski Division of | Revision No.: 0 Director Wage Determinations| Date Of Last Revision: 7/26/2017 State: Montana

Area: Cascade

Employed on Defense Logistics Agency - Energy Bulk Petroleum Supply Chain Services contract for Fuels management services to receive, store, transfer, and issue petroleum and cryogenics products as applicable while maintaining accountability and quality control of products; perform and track required maintenance to ensure facilities, associated systems, vehicles, and equipment remain operational to meet the base mission; and comply with environmental, safety, and security directives at Malmstrom AFB, MT using best commercial practices..

Collective Bargaining Agreement between contractor: T Square Logistics Corporation, and union:

Laborer's International Union of North America Local Local 48, effective 7/1/2016 through 6/30/2019.

In accordance with Section 2(a) and 4(c) of the Service Contract Act, as amended, employees employed by the contractor(s) in performing services covered by the Collective Bargaining Agreement(s) are to be paid wage rates and fringe benefits set forth in the current collective bargaining agreement and modified extension agreement(s).

Page 1 of 1CBA WD

7/26/2017https://www.wdol.gov/DisplayT4CWD.aspx?WDNo=CBA-2017-10176

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

INDUSTRIAL TECHNICAL AND PROFESSIONAL EMPLOYEES

UNION, OPEIU LOCAL 4873, AFL-CIO

AND

T SQUARE LOGISTICS SERVICES CORPORATION

COVERING EMPLOYEES AT

Malmstrom AFB MT

Contract# SP0000-12 -C-5215

EFFECTIVE DATES:

FROM: July 1, 2016 TO: June 30, 2019

Malmstrom AFB MT

TABLE OF CONTENTS

PREAMBLE

ARTICLE I- UNION RECOGNITION ........... ·-····· ····-··········· ········· ··· ···--···········-·········· ---·-···· --····· ············· ··--· 4

ARTICLE II- UNION SECURITY AND MEMBERSHIP

ARTICLE Ill - EQUAL OPPORTUNITY ·····--·-·······--·-···············-·····--····--··················· ········-···············-----······· 6 ARTICLE IV - ACCESS TO UNIT ................ ... ............................. ..... ·--····-······ --·-··· ·······--··--·-· ···--·--·-···· ······-- 6

ARTICLE V - PROBATIONARY PERIOD

ARTICLE VI- SENIORITY

ARTICLE VII- DISCIPLINE

ARTICLE VIII- GRIEVANCE PROCEDURE

ARTICLE IX -ARBITRATION

ARTICLE X- MILITARY LEAVE ..... ................................. .............. ............ . -

ARTICLE XI - LEAVE OF ABSENCE

ARTICLE XII - SHOP STEWARDS

ARTICLE XIII- REST PERIODS

ARTICLE XIV -LAYOFFS AND RECALLS

ARTICLE XV- WAGES

ARTICLE XVI- OVERTIME

ARTICLE XVII- HEALTH AND WELFARE

ARTICLE XVIII- VACATIONS

ARTICLE XIX- HOLIDAYS ........ . .................... ......... ....... ............ ............................... ........... ........ ........... -- 16 ARTICLE XX- SICK LEAVE ....... .. ......... ... .......... ............. .......... .. ...... .......... ............... --

ARTICLE XXI -BEREAVEMENT LEAVE

ARTICLE XXII - PENSION

ARTICLE XXIII - UNIFORMS

ARTICLE XXIV -INDIVIDUAL CONTRACTS

ARTICLE XXV- NO STRIKE - NO LOCKOUT

ARTICLE XXVI- PICKET LINES

ARTICLE XXVII- EMPLOYEE INJURY

ARTICLE XXVIII- GOVERNMENT REQUIREMENTS

ARTICLE XXIX - GENERAL

ARTICLE XXX- DURATION .. ............ ................................................... -

APPENDIX A - WAGES

STANDBY PAY

SHIFT DIFFERENTIAL

APPENDIX B- HEALTH AND WELFARE

APPENDIX C- VACATION

APPENDIX D- HOLIDAYS

APPENDIX E - UNIFORMS

APPENDIX F- SICK LEAVE

APPENDIX G- BEREAVEMENT LEAVE

APPENDIX H- PENSION

APPENDIX I- PERSONAL DAY

APPENDIX J- JURY DUTY

Malmstrom AFB MT

PREAMBLE

THIS AGREEMENT is entered into by and between T SQUARE LOGISTICS SERVICES CORPORATION hereinafter referred to as the .. Company", and INDUSTRIAL TECHNICAL AND PROFESSIONAL EMPLOYEES UNION,OPEIU local 4873, AFL-CIO, hereinafter referred to as the "Union", as representative to all of its non-supervisory maintenance employees in the mutual interest of the employees and the Company to promote and further the efficiency and economy of operations. to provide orderly collective bargaining relations, a method for the prompt and equitable disposition of grievances, and a method for the establishment of fair wages, hours and working conditions for the employees covered hereunder. In making this Agreement, it is recognized to be the duty of the parties to cooperate fully with each other, both individually and collectively, for the advancement of the purposes of this Agreement.

T Square Logistics Services Corporation

ARTICLE I ~ UNION RECOGNmON

SECTION A

The Company hereby recognizes the Union as the sole bargaining agent for all its maintenance employees located at Malmstrom. AFB MT. hereinafter referred to as the "Base"_

SECTION B

Whenever the words "employee•· or "employees" are used in this Agreement, they designate only such employees as are covered by this Agreement VVhenever in this Agreement employees or jobs are referred to in the male gender. it will be recognized as referring to both male and female employees.

SECTION C

It is understood by this Section that the parties hereto shall not use any leasing or subcontracting device to evade the terms of this Agreement. The Company shall give a copy of this Agreement to the Contracting Officer at the Base.

ARTICLE II ~ UNION SECURITY AND MEMBERSHIP

SECTION A

It shall be a condition of employment that all employees of the Company covered by this Agreement who are members of the Union in good standing on the effective date of this Agreement, shall remain members in good standing and those who are not members on the effective date of this Agreement, shall on or after the thirtieth (30th} day following the effective date of this Agreement or the execution date, whichever comes later, become and remain members in good standing of the Union_ It shall be a condition of employment that all employees of the Company covered by this Agreement and hired on or after its effective date or execution date, whichever comes rater. shall on or after the thirtieth (30th) day following the beginning of such employment, become and remain members in good standing of the Union_

SECTION B

Union Shop Provision to Take Effect if Prohibition law Invalidated.

The provisions of Article II, Section A , shall be deemed to be of no force and effect in any state whose law governs this contract to the extent of which the making or enforcement of such provisions is contrary to statutes, constitutional amendment or the law of such state; provided, however, that wllenever, any such court of last resort having jurisdiction of such questions finds the state law to be invalid or inapplicable, the provision of Section A above shall immediately thereupon be deemed to cover this bargaining unit or employees directly affected by such declaration of invalidity_

T Square Logistics Services Corporation Page4 of25

SECTIONC

If the provisions of Article II , Section A shall be deemed to be of no force and effect, the following shall govern: Employees who are members of the Union on the date of execution of this Agreement, and employees who join the Union subsequent to the execution hereof, shall maintain their membership in the Union as a condition of employment during the term thereof.

SECTION D

The Company will deduct from the wages of any employee covered by this agreement said employee's dues as a member of the Union upon receiving the employee's voluntary and individual written authorization for the Company to make such deductions. signed by the employees. Such authorization form shall be provided by the Union. The Company will pay over to the proper officer of the Union the wages withheld for such initiation fees and dues. The remittance shall be accompanied by a list showing individual names, addresses, social security numbers, dates hired and amounts deducted.

The total remittances are to be made not later than fifteen ( 15) days after the last day of the month for which deductions were made. The Union shaiJ advise the Company of the amount of the initiation fees and dues and the manner in which same shall be deducted. The amount so withheld, less any amounts due to any improper withholding, shall be reported and paid to the Union monthly.

SECTION E

Payment for membership dues shall not be required as a condition of employment during leaves of absence without pay in excess of thirty (30) days or during period of permanent transfer to a classification not covered by this Agreement.

SECTION F

In the event of termination of employment, there shall be no obligation upon the Company to collect dues until all other deductions have been made.

SECTIONG

The Company will make available to the Union a list of newly hired and terminated employees covered by this agreement. Such lists will be prepared monthly and will show the Name, Social Security number, address, job classification and hire or termination date of such employees who were hired or terminated during the month for which the list is prepared.

SECTION H

The Company shall notify the Union of all job openings within the bargaining unit covered by this Agreement. The Union may refer applicants for such openings. In interviewing and hiring for such job openings, the Company will not discriminate against any applicant referred by the Union. Nothing in this contract, however, shall be construed to create an exclusive hiring hall arrangement, and the Company shall at all times be free to advertise and list said job openings with employment agencies and to otherwise fill its job openings from any sources available to the Company, including, but not limited to.

Page 5 of25 employees employed by the Company at other locations of the Company or its franchisees not covered by this Agreement. When a position is available, the job posting should be made available for a period of seven (7) working days.

SECTION f

The Company shall be the judge of the qualifications of its employees, but shall give full consideration, without prejudice, to the members of the Union, provided that they have the necessary qualifications.

SECTIONJ

The Union agrees to indemnify and save the Company harmless against any claim, suits, judgements or liabilities of any sort whatsoever arising out of the Company's compliance with the provisions of this Union Security and Membership Article.

ARTICLE Ill - EQUAL OPPORTUNITY

SECTION A

In accordance with the established policy of the Company and the Union, the provisions of the Agreement will apply equally to all employees hereunder regardless of sex, color, age, race, creed or national origin. The company and the Union also recognize the desirability of implementing the national policy of providing equal opportunity to all persons and agree to work actively toward the implementation of that policy.

SECTIONS

There will be no discrimination against any employee on account of membership in, or activity in behalf of, the Union.

ARTICLE IV- ACCESS TO UNIT

Duly authorized representatives of the Union shall be permitted to investigate the standing of all employees and investiga1e conditions to see that the agreement is being enforced, provided that no interview shall be held during rush hours, including, but not limited to, such times as the serving lines are open, or unreasonably interrupt the duties of any employee. The Company shall be notified by the Union representative before he shall take action with the person involved. The representative of the Union shall contact the highest-ranking Company representative then present at the facility and inform him of the circumstances. The Company and the Union Representative shall conduct themselves in such manner as to carry out the intent and spirit of this section.

T Square Logistics Services Corporation Page6 of25

ARTICLE V -PROBATIONARY PERIOD

Every new employee or any employee rehired after a break in seniority under Article VI or this Agreement shall be on probation for the first thirty {30) days of employment or re-employment.

SECTION 8

At any time during the probationary period, an employee may be discharged for any reason, and any such employee so discharged shall not have the right to file a grievance or have other recourse to the grievance procedure.

ARTICLE VI- SENIORITY

SECTION A

It is agreed that the Company and the Union will meet for the purpose of establishing a seniority list for all employees employed in the unit at the time of the signing of the Agreement Said seniority list will be based upon official records of the Union, of the Company, of its predecessor, and state and federal agencies. Not later than fifteen (15) days prior to the expiration of the Company's contract covering the Base, the Company shall furnish the Union and the successor contractor a list of all its current employees together with their dates of hire and the dates their last vacation pay was paid by the Company. The following sections in this Article shall become applicable and shall be in full force and effect upon the establishment of said seniority list In establishing the initial seniority list for employees at the time of the signing of this Agreement, employees transferred to the Base covered by this Agreement shall receive seniority in accordance with their tenure of service with the Company or its franchise as the case may be, regardless of where such service was performed. Other employees transferred to the Base covered by this Agreement by the Company to fill vacancies shall likewise receive seniority in accordance with their tenure with the Company or its franchise, as the case may be, regardless of where such service was performed. Seniority shall for all purposes of this Article be on the basis of job classification, unless specifically stated otherwise.

SECTION B

In the event that the Company finds it necessary to lay-off employees for any reason, other than disciplinary, such lay-offs shall be on the basis of seniority, i.e., the employee on duty in the establishment where the layoff occurs having the shorter period of continuous seJVice with the Company, shall be laid off before any other employee having a longer period of continuous seJVice. The Company shall recall such laid-off employees in reverse order. Senior employees shall have preference of full-time employment at all times if equal distribution of work is impossible. Senior employees may, however, exercise their seniority rights by taking a job in a lower classification.

Employees shall have the right to select available work schedules within the assigned dining facility by seniority in job assignments for which they are qualified. Each employee shall be given his work schedule.

The work schedule for each week shall be posted at least four (4) days prior to the beginning of the workweek.

SECTION D

Except as otherwise provided in Section A of the Article, seniority shall be measured from the date of the employee's initial hire at the Base with the Company or a predecessor employer engaged in providing similar services at the Base, provided there has been no break in seniority under Section E of this Article.

SECTION E

An employee shall lose his seniority upon his retirement, resignation or discharge for just cause.

An employee will be considered to have resigned if he:

(1) fails to report to work on the day following expiration of an authorized leave of absence, unless failure to report is due to conditions recognized by the Company to be beyond the control of the employee and he reported such conditions as soon as possible to the Company;

(2) is on lay-off for a period exceeding one ( 1) year;

(3) is absent from work for two (2} consecutive work days without properly notifying the Company of the reason for absence even though the reason for such absence is beyond the control of the employee, or in any event, fails to report for work as scheduled without such reason;

(4) fails, while on layoff, upon notice from the Company that work is available, to report to the Company for work as soon as practicable, but not later than seven (7) work days, and provided that the employee notifies the Company within three (3) days of such notice that he will return to work within the seven-day period.

The Company fulfills its obligation under this Section by sending notice by telegram or by certified letter to the last known address of the employee. It is the obligation of the employee to keep the Company informed of his current address and telephone number.

T Square logistics Services Corporation Page8 of25

SECTION F

An employee who has occupied a position with the Company covered by this Agreement and who accepts a position with the Company in a classification not covered by this Agreement wlll continue to accrue seniority for nine (9) months, after which period he shall retain his accumulated seniority, provided he remains in the employ of the employer.

ARTICLE VII - DISCIPLINE

No employee shall be discharged or disciplined without just cause, and all dismissals and reprimands will be subject to the grievance procedure and arbitration clause. All reprimands and discharge notices shall be in writing and shall be signed by the Project Manager. Copies of the reprimand or discharge notice shall be given to the employee reprimanded and to the shop steward.

Each reprimand shall be cancelled after one (1) year. Three (3) reprimands may result in immediate dismissal. Theft, intoxication on the job, failure to perform work as directed, illegal use of drugs and showing disrespect or insubordination shall result in an immediate investigation and appropriate action regardless of the number of prior reprimands.

ARTICLE VIII -GRIEVANCE PROCEDURE

SECTION A

A grievance is defined as a claim or dispute by the employer or employee or the Union concerning the interpretation or the application of this Agreement.

SECTIONS

All grievances must be presented in writing and filed and processed in accordance with the following exclusive procedure:

Step 1:

5tep2:

The employee who has a grievance shall discuss it with the Project Manager either himself or through his shop steward. If the grievance is not settled at the Step 1 meeting, it may be appealed by the Union Representative to the Project Manager to Step 2 within five (5) days of the Step 1 meeting. Company grievances shall be processed beginning with Step 2 .

The Union Representative and the Project Manager will discuss the grievance. If the grievance is not disposed of to the satisfaction of the party filing the grievance at Step 2, the grievance may be appealed to Step 3 by the party or representative of the party filing the grievance by filing a written appeal to the opposing party with seven (7) days after Step 2.

Step 3:

Within seven {7) days after the appeal of the opposing party, the parties (the Company represented by its designated representatives and the Union represented by its designated representatives) will meet to attempt to settle the grievance. The party being complained against shall render that party's decision in writing within fiVe

(5) days of such meeting. If the grievance is not disposed of to the satisfaction of the complaining party, the grievance may be appealed to arbitration by the Company or the Union lodging a written appeal with the other party within ten (10) days of receipt of such written decision.

A grievance involving discharge of an employee shall be brought directly to Step 2 and must be filed within five (5) days of discharge.

SECTIOND

A grievance not involving discharge shall be without effect unless filed in writing with seven (7) days from the date the complaining party discovered the facts or should have discovered the facts giving rise to the grievance.

SECTION E

Stewards shall be afforded time off without loss of pay to investigate, discuss and present grievances. Such time shall be kept at a minimum_

SECTION F

At any step of the grievance procedure, the Company or the Union may designate a substitute for the official designated herein other than persons who have previously participated in such grievance.

The officially designated representative of either party may be accompanied by two (2) other persons at any Step of the procedure except Step 1. The parties may mutually agree that further representatives may be present

SECTIONG

The time limits set forth in this Article may be extended mutually in writing. Time limits are exclusive of Saturday, Sunday and recognized holidays.

ARTICLE IX -ARBITRATION

Within ten (10) days after the filing of the notice of the intent to submit the unsettled grievance to arbitration, the parties shall attempt to mutually select an impartial arbitrator. If the parties are unable to agree within five (5) days of that meeting upon the choice of an arbitrator. they shall request the Federal Mediation and Conciliation Service to submit a list of five (5) persons qualified to act as the impartial arbitrator. A representative of the Company and a representative of the Union shall meet within fiVe (5) days of the receipt of the list and shall alternately strike two (2) names from the list, the party to strike first to be selected by lot. The fifth (5th), remaining person shall thereupon be selected as the impartial arbitrator.

SECTIONS

Within ten (10) days after the selection of the arbitrator, the parties shall enter into a submission agreement, which shall clearly state the arbitrable issue or issues to be decided. If the parties are unable to agree on a joint statement of the arbitrable issue or issues to be decided by the arbitrator, the submission shall contain the written grievance and the disposition of the same with the notation that the parties could not agree upon a submission agreement.

SECTION C

During the hearing, each party shall have full opportunity to present evidence and argument, both oral and documentary. The impartial arbitrator will render his finding and award in writing within fifteen

(15) calendar days after the conclusion of the hearing. The decision of the impartial arbitrator shall be final and binding. The impartial arbitrator shall have no authority to modify, amend, revise, add to or subtract from any of the terms or conditions of this Agreement.

SECTION D

The fees of the arbitrator and necessary expenses, including transcript, if desirable, of any arbitration proceeding shall be borne equally by the Company and the Union except that each party shall pay the fees of its own counsel or representative. If an employee witness is called by the Company, the Company will reimburse him for time lost at his regular straight time base rate. If an employee witness is called by the Union, the Union will reimburse such personnel for time lost.

ARTICLE X~ MILITARY LEAVE

SECTION A

Employees entering the military or naval service, Red Cross, or other combat relief service or conscripted civil service of the United States during the life of this Agreement will be placed on military leave of absence in accordance with the provisions of the Universal Military Training and Service Act, and will retain their seniority while in such service and be returned to their former positions upon honorable discharge from service. provided they are physically and mentally capable of working.

Page 11 of25

SECTIONS

An employee who is a member of a military reserve unit and who is required to participate in active training will be granted a leave of absence without pay for the period of such training duty, SECTIONC

An employee applying for leave under this Article will give the Company at least five (5) working days notice prior to reporting date, if possible.

ARTICLE XI -LEAVE OF ABSENCE

SECTION A

Employees are entitled to leaves of absence not exceeding one (1) year for good cause. Such leave of absence may be granted for restoration of health, medical, dentaJ, or other treabnent, maternity leave. or employment by the Union, and shall not prejudice seniority status for purposes of layoffs and recalls.

SECTIONS

A leave of absence under this section will not be considered employment time for seniority. For example, an employee works continuously for nine {9) months and is granted a thirty- (30) day leave of absence without pay. \/Vhen the employee returns to work, he has nine (9) months seniority and will be required to work three (3) more months in order to have one (1) year seniority.

SECTIONC

Upon return from a leave of absence, the employee will be returned to work for which he can qualify in his job dassification on the basis of seniority.

SECTIOND

Any employee who engages in gainful employment without pennission of the Company while on leave of absence shall be subject to discharge.

SECTIONE

All leaves of absence must be applied for in writing and if granted must be granted in writing by the Company.

T Square logistics Services Corporation

SECTION F

All leaves of absence shall be for a specific designated period of time, and an employee may return to work earlier than the specifically designated date for his return only with the consent of the Company.

ARTICLE XII ·SHOP STEWARDS

SECTION A

Shop stewards shall be designated by the Union from the group he or she is to represent. and the Union will notify the Company of the duly designated shop steward at the Base.

SECTIONS

The shop stewards shall not interfere with 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.

SECTION C

Prior to leaving 1he work area, the shop steward will request permission from the supervisor. The shop steward will not leave the work area during rush hours.

SECTIOND

Shop stewards shall be entitled to top seniority at the Base to the fullest extent allowed by Jaw.

SECTIONE

A telephone will be made available to the shop steward for the purpose of communicating with the Union. Such calls will be placed at no cost to the Company.

ARTICLE XIII • REST PERIODS

An employee who is scheduled to work for not less than four (4) continuous hours on a shift shall be entitled to one (1) paid fifteen (15) minute unscheduled rest period during each four (4) hours or part thereof.

ARTICLE XIV - LAYOFFS AND RECALLS

In the event of a reduction of forces, the Company will give reasonable notice of layoff, under the circumstances, to the employees with the least seniority, and will recall employees in the reverse order, such recall to be by job classification. No new employees will be hired until all qualified, laid-off employees have been recalled.

Page 13 of25

ARTICLE XV- WAGES

The schedule of effective wage rates and job classifications for employees is set forth in Appendix A, attached hereto.

ARTICLE XVI- OVERTIME

SECTION A

One and one-half (1 112) times the hourly rate of pay will be paid for all hours worked in excess of forty (40) hours per week.

SECTIONS

When a regular employee is called for work within two (2) hours of starting time of his next regular shift, he will receive two (2) hours pay at the applicable rate.

SECTIONC

A regular employee who has completed his shift, has left the Company property and is thereafter called for work at any time prior to two (2) hours before his next scheduled shift, will be provided with four

(4) hours of work or pay therefor at the applicable rate.

SECTJOND

When a regular employee works on his scheduled day or days off, he will be entitled to work for the average number of daily hours performed by said employee or pay therefor at the applicable rate unless he consents to less time. No employee shall be compelled to accept overtime work, except in cases of emergency or when necessary to comply with governmental directives or requirements.

SECTION E

When an employee works more than eight (8) hours in any twenty-four (24) hour period due to a change of shift pursuant to his request, or in accordance with the regular rotation of employees. such employee shall receive only straight time for the second eight (8) hours or portion thereof worked during such twenty-four hour period.

SECTION F

When an employee works overtime beyond his shift, he will be entitled to a ten (10) minute rest period at the completion of his regular shift, and another such rest period at the completion of this tenth (10th) consecutive hour if he is required to work beyond ten {10) hours. On the same basis, similar rest periods will be provided after each additional two (2) hours worked, such periods will be sdleduled as near to the appointed time as practicable, subject to requirements of the service.

T Square logistics Services Corporation

SECTIONG

Overtime work will be distributed among the employees qualified to perfonn the work necessitating overtime within the appropriate crew or shift as equitably as practicable. Overtime lists will be made available to shop stewards on request. The Company will give as much notice of overtime as practicable.

SECTIONH

No overtime will be worked except by prior direction of the proper supervisory personnel of the Company, except in case of emergency and when prior authority cannot be obtained.

SECTION I

For overtime purposes, a day is the twenty-four (24) hour period beginning with the starting time of the employee's regular work shift.

SECTIONJ

Nothing herein shall be construed to require or permit the pyramiding of overtime or overtime pay.

ARTICLE XVII -HEALTH AND WELFARE

The Company shall pay the Health and Welfare Benefits as set forth in Appendix B, attached hereto.

ARTICLE XVIII -VACATIONS

SECTION A

Employees shall be entitled to paid vacations as set forth in Appendix C attached hereto.

SECTIONS

Vacations will not be accumulated from year to year, not taken back to back. If the Company consents, the employee may elect not to take his vacation, in which case he will receive pay in lieu thereof, on the anniversary date of his employment. The employee may take his vacation in more than one segment with the consent of the Company, but not less than one (1) week increments.

SECTIONC

An employee will receive an extra day's vacation or be paid an extra day's pay for a paid holiday which falls within his vacation period, in accordance with the provisions of Article XIX - Holidays.

Page 15 of25

SECTION D

Vacations will be granted at times most desired by employees in order of their seniority within their work shifts, but the final right as to allotment and scheduling of vacation periods is reserved to the Company in order to assure the orderly operation of its business. Except in case of emergency, a vacation period once assigned will not be cancelled by the Company except with agreement of the employee. Employees intending to take vacations shall make such request to their building manager not less than two (2) weeks prior to their vacation period.

SECTION E

Temporary layoffs or leaves of absence during the year will not interrupt the continuity of service for the purpose of eligibility for vacation, and shall be counted toward the required year for each vacation period.

ARTICLE XIX- HOLIDAYS

SECTION A

Holidays for which every employee will be compensated at the hourly base rate of pay are set forth in Appendix D attached hereto. In computing the number of hours for which an employee is entitled to compensation, the proportion which the average number of hours worked by an employee during the preceding normal work week bears to forty (40) hours shall be applied to eight (8) hours to determine the number of paid hours said employee is entitled to receive. For example, if an employee worked thirty

(30) hours during the normal work week preceding the holiday week, his holiday pay would be computed by 3/4 (30/40) of eight (8} hours and muttiplying the resulting six (6) hours by his hourly base rate of pay.

SECTIONS

Any work performed on a holiday will be paid at the employee's regular rate of pay in addition to the holiday pay. If any of the named holidays fall on a non-working day, the employees shall either observe the holiday on the following working day or shall receive pay for their average number of hours normally worked in lieu of the observance above their normal compensation for work perfonned.

SECTION C

In the event that one of the holidays shall occur during the employee's vacation, the employee will receive an additional day of paid vacation, unless the employee and the Company agree that he may receive pay in lieu thereof.

SECTION D

VVhen the Company requires work of any shift on a holiday, it shall post notice of such requirements at least seven (7) days prior to that holiday, said notice shall provide space for the signatures of volunteers for such work. If not enough qualified volunteers sign said notice, within three

(3) days after posting, the Company shall select qualified employees in reverse seniority to protect the work to be performed. However, if too many employees volunteer, the Company shall select qualified employees in order of seniority to perform the work.

SECTION E

In order for an employee to qualify for a paid holiday, he must have worked his regular scheduled work day immediately preceding the holiday and his regularly scheduled work day immediately following the holiday, unless excused by reason of illness, bereavement leave or other good cause. The employee must have worked for the company at least sixty (60) calendar days.

ARTICLE XX- SICK LEAVE

Sick leave will be paid as set forth in Appendix F attached hereto.

ARTICLE XXI -BEREAVEMENT LEAVE

Employees shall be entitled to paid bereavement leave as set forth in Appendix G attached hereto.

ARTICLE XXII -PENSION

The Company shall pay pension benefits as set forth in Appendix H, attached hereto.

ARTICLE XXIII -UNIFORMS

Proper uniforms will be furnished and laundered by the Company without cost to the employee;

provided, however, that the Company may require or permit employees to launder and maintain uniforms furnished by the Company. When any employee is required or permitted to launder and maintain Company furnished uniforms, he will be compensated in accordance with the provisions of Appendix "E", attached hereto.

ARTICLE XXIV- INDIVIDUAL CONTRACTS

No employee shall be compelled or allowed to enter into any individual contract or agreement with the Company concerning the conditions of employment contained herein.

Page 17 of25

ARTICLE XXV- NO STRIKE -NO LOCKOUT

During the term of this Agreement, the Union shall not authorize, cause or engage in, sanction or assist in any work stoppage, strike or slow down of operations.

SECTION B

During the term of this Agreement, the Company shall not cause, permit or engage in any lockout of its employees.

SECTION C

The Company reserves the right to discharge or otherwise discipline any employee taking part in any violation of this provision of the Agreement.

ARTICLE XXVI - PICKET LINES

Refusal of an employee to cross a bona fide picket line established by a labor organization claiming to have a dispute with the Company and approved by the Union shall not be construed to be a breach of this Agreement.

ARTICLE XXVII - EMPLOYEE INJURY

An employee injured during working hours while performing their assigned duties, shall receive the rest of the day off without loss of pay, provided that the injuries are such that a doctor orders the employee not to return to work.

ARTICLE XXVIII - GOVERNMENT REQUIREMENTS

The Union agrees to cooperate with the Company in all matters required by the United States Government, and the Union recognizes that the terms and conditions of the Agreement are subject to certain sovereign priorities which the United States Government may exercise. The Union agrees that any actions taken by the Company pursuant to a requirement of the United States Government shall not constitute a breach of this Agreement. Nothing in this Agreement shall be construed to prevent institution of any change prior to discussion with the Union where immediate change is required by the United States Government The Company will, however, negotiate with the Union concerning the effects of any such change.

Page 18 of25

ARTICLE XXIX - GENERAL

This Agreement when accepted by the parties hereto and signed by the respective representatives thereunto duly authorized, shall constitute the sole agreement between them involving the employees covered by this Agreement. Any alteration or modification of this Agreement must be made by and between the parties hereto and must be in writing.

SECTIONS

In the event any provision of this Agreement is declared invalid by any competent court or governmental agency on account of existing or future legislation, such invalidation shall not affect the remaining provisions of this Agreement

SECTIONC

Any employee leaving the service of the Company will, upon request from the employee, be furnished with a letter setting forth the Company's record of his job classifteation, stating his length of service and beginning and ending rate of pay.

SECTIOND

Employees entering the service of the Company may be required to take a physical examination specified by the Company. Any time thereafter, an employee may be subjected to further physical examinations during the course of his employment or recall to service after layoff or leave of absence.

SECTIONE

The Company shall provide bulletin board space for use by the Union.

SECTION F

Company payroll records with respect to any employee in the unit whose pay is questioned will be provided upon request of the Union within a reasonable period of time, except for payroll records with respect to the current period concerning such an employee, which may be examined by the Union upon request during business hours.

SECTIONG

In the event the Department of Labor determines that the wages and fringe benefits contained in this Agreement were not reached as a result of arms-length negotiation or are substantially at variance with those prevailing for services of a similar character in the locality, then such wages and benefits shall be rendered null and void. In such event, the Company shall be obligated to pay the wages and fringe benefits specified in the appropriate wage determination issued by the Department of Labor.

SECTION H

Subject to the express limitations of this Agreement, the Company retains the sole and exclusive right in its discretion to manage its business, to hire, discharge for cause, lay off. assign, transfer, promote or demote employees, to determine the starting and quitting time, to establish, or discontinue or change operations, productions, or work standards or plant rules, provided, however, that with respect to any action which results in a change in established work rules, existing hours of work, or the size of the work force, the Company shall give prior notice to the Union before taking such action and shall afford the Union a reasonable opportunity to negotiate on such matters. Nothing herein shall prevent individual employees. either alone or with a Union representative, from consulting with Company representatives on problems relating to their individual work schedules.

ARTICLE XXX -DURATION

SECTION A

This agreement shall become effective, July 1, 2016 and shall continue in full force and effect until June 30, 2019 and shall renew itself each successive July 1st thereafter unless written notice of an intended change is served in accordance with the Labor Management Relations Act, as amended, by either party hereto at least sixty (60) days, but not more than ninety (90) days prior to the termination date of the contract.

SECTION B

For the purpose of negotiating changes in wages, group insurance contributions, sick leave, vacation and holidays, as well as changes in or the introduction of other fringe benefrt programs, for a covered facility. the parties shall meet on or about June 1st of each contract year. If the parties are unable to reach agreement by August 15th of each year, either party may tenninate this Agreement upon ten (10) days written notice to the other party.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement this _,_J_ _ day of

~'') 2016.

FOR THE UNION:

INDUSTRIAL TECHNICAL AND PROFESSIONAL

EMPLOYEES UNION, OPEIU LOCAL 4873, AFL-CIO

T rina Campbell Representative

FOR THE COMPANY:

T SQUARE LOGISTICS SERVICES

CORPORATION

Andrew T. Cronin Chief Executive Officer

Page20 of25

Supply Clerks Supply Technician Computer Operator III Computer Operator IV (lead)

Fuels Distribution

Systems Operator Fuels Manager (hourly) Store Clerk Warehouse Specialist Driver (light) Supply Technician Supply Inspector Accountant III

Current:

APPENDIX A- WAGES

Current:

$16.49 20.87 20.19 21.91

22.95 25.45 18.57 20.19 16.49 20.86 20.86 18.32

EFFECTIVE OCTOBER 1 I 2016

16.99 21.37 20.69 22.41

23.45 25.95 19.37 20.69 16.99 21.36 21.36 18.83

STANDBY PAY

Standby pay shall be Twenty-five dollars ($25.00) per day for weekends and holidays if no work or call out. If called out, there shall be a minimum pay of two (2) hours work paid. You shall not receive both payments. On call out/back work shall be paid at one and a half times regular pay.

The need for Stand-by Pay is the sole discretion. The Company will notify employees when stand-by is required.

Effective October 1 I 2016

Standby pay shall be Twenty-seven dollars ($27 .00) per day for weekends and holidays if no work or call out. If called out, there shall be a minimum pay of two (2) hours work paid. You shall not receive both payments. On call out/back work shall be paid at one and a half times regular pay. The need for Stand-by Pay is the sole discretion. The Company will notify employees when stand-by is required.

SHIFT DIFFERENTIAL

Current and Effective October 1 I 2016

There shall be a shift differential for second shift starting at 2:00pm. That differential shall be fifty cents ($0.50) extra per hour.

T Square Log istics Services Corporation Page21 of 25

APPENDIX 8 -HEALTH AND WElFARE

CURRENT AND EFFECTIVE OCTOBER 1, 2016:

Health and Welfare benefits will be paid directly to the employees at the sum of four dollars twenty seven cents($4.27) per hour for all the straight time hours worked plus all hours paid for vacation, holiday, and sick leave for each and every employee covered by this agreement, not to exceed forty (40) hours in any one week.

APPENDIX C- VACATION

CURRENT AND EFFECTIVE OCTOBER 1, 2016:

After one (1) year service, two (2) weeks paid vacation.

After five {5) years' service, three (3) weeks paid vacation.

After ten (10) years' service, four (4) weeks paid vacation.

Vacation will be accrued for each of the 26 pay-periods based on the following:

Years of Service Total Hours Accrued Accrual ~er Pa~ Period

After one {1) year service 80 3.08 hours After five (5) years service 120 4.17 hours After ten (10) years service 160 6.15 hours

APPENDIX D- HOLIDAYS

CURRENT AND EFFECTIVE OCTOBER 1, 2016:

New Year's Day Martin Luther King, Jr's Birthday President's Day Memorial Day Independence Day Labor Day

Columbus Day Veterans' Day Thanksgiving Day Christmas Day Employee's Birthday** Down Days

APPENDIX E- UNIFORMS

Any employee who is required to wear safety shoes shall be listed on an authorized and sanctioned list. Those employees shall be eligible for an allotment of one hundred twenty-five dollars

Page 22 of25

($125.00) a year. They shall become eligible on their anniversary day and payment shall be made the following pay period. Employee's name must be on sanctioned list.

Any Fuels employee who is required to work in extreme cold weather working conditions will be authorized an allowance for the following personal protective equipment clothing Items:

Extreme Artie Coat- Quilt Lined Extreme Artie Hood -Quilt Lined

Extreme Artie Bib Overall - Quilt Lined Face Mask Rainwear Coat & Hood Rainwear Pants Gloves Extreme Cold- Two (2) Pair Yearly Water Proof & Extreme Cold Safety Toe Boots Ear Cold Weather Covers

Total Cost for One Person $585.00

$140.00 $30.00 $110.00 $20.00 $45.00 $45.00 $30.00 $150.00 $15.00

APPENDIX F- SICK LEAVE

CURRENT:

All employees shall receive paid sick leave benefits accruable on the basis of one (1) day paid sick leave for each two (2) months of service, not to exceed six (6) days per year.

All accrued unused sick leave benefits shall be paid to all eligible employees at the end of each government contract period, or when the employee leaves the company employ, whichever comes first.

EFFECTIVE OCTOBER 1. 2016

All employees shall receive paid sick leave benefits accruable on the basis of one (1 and 1/4) day paid sick leave for each two (2) months of service, not to exceed seven {7) days per year.

All accrued unused sick leave benefits shall be paid to all eligible employees at the end of each government contract period, or when the employee leaves the company employ, whichever comes first.

APPENDIX G- BEREAVEMENT LEAVE

CURRENT AND EFFECTIVE OCTOBER 1, 2016:

In instances of the death of a member of the immediate family of an employee the Company shall grant three (3) days to enable such employee to attend the funeral and otherwise assist in

Page 23 of25 arrangements pertaining to the burial of such member of the family. Such members of the family shall be: Spouse. Mother, Father, Child or Sibling

APPENDIX H- PENSION

CURRENT AND EFFECTIVE OCTOBER 1, 2016:

The Company shall contribute to the ITPEU Pension Fund the sum of one dollar and five cents ($1.05) per hour for all the straight time hours worked plus all hours paid for vacation, holiday, and sick leave for each and every employee covered by this agreement, not to exceed forty (40) hours in any one week.

In executing this Agreement, the Company agrees to be bound by the terms and conditions of the Agreement and Declaration of the Trust establishing the ITPEU Pension Plan and any amendments duly adopted thereto.

The Company further agrees to be bound by any other actions taken by the Board of Trustees of the ITPEU Pension Fund.

APPENDIX I -PERSONAL DAY

Current and Effective October 1, 2016:

There shall be one (1) personal day per year. This day may be used to handle personal business such as dental, medical and business matters. It shall not be accrued.

APPENDIX J -JURY DUTY

Current and Effective October 1, 2016:

The employee shall be compensated by the Company for the difference between payment received for such compulsory Jury Duty and the payment the employee would have received for straight time hours lost from the employee's regular scheduled work, but not to exceed five (5) eight

(8) hour days per week computed at the employee's established basic hourly rate. Payment will be made upon presentation of documentary proof of Jury Duty and the payment received and presented to the Company. Continuous service credit and duly established seniority privileges will accumulate during such absences.

Page24 of 25 ln Witness Whereof, the parties hereto have hereunder set their hands and sea[s on the date first above written.

FOR THE UNION:

INDUSTRIAL TECHNICAL AND PROFESSIONAL

EMPLOYEES UNION, OPEIU LOCAL 4873, AFL-CIO

FOR THE COMPANY:

T SQUARE LOGISTICS SERVICES

CORPORATION

Andrew T Cronin Chief Executive Officer

Page25 of25