Attachment M-CBA-W5168W-24-R-0009-10APR2024.pdf

AGREEMENT BETWEEN

T & H SERVICES, T&H SOLUTIONS, KIRA INFRASTRUCTURE, KIRA

TRAINING SERVICES AND AMENTUM

(T & H and AMENTUM)

WITH

LOCAL UNION NO. 113

(Local 113)

OF THE

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS

EFFECTIVE

SEPTEMBER 30, 2022 THROUGH SEPTEMBER 29, 2025

TABLE OF CONTENTS

WITNESSETH

ARTICLE 1: PURPOSE OF AGREEMENT

ARTICLE 2: RECOGNITION

ARTICLE 3: MANAGEMENT RIGHTS

ARTICLE 4: UNION SECURITY

ARTICLE 5: NO STRIKE AND NO LOCKOUT

ARTICLE 6: NON-DISCRIMINATION

ARTICLE 7: WORKDAY AND WORKWEEK

ARTICLE 8: PAYDAYS

ARTICLE 9: BULLETIN BOARD

ARTICLE 10: ACCESS TO COMPANY FACILITIES

ARTICLE 11: EMPLOYEE UNIFORMS

ARTICLE 12: SUBSTANCE ABUSE

ARTICLE 13: SAFETY

ARTICLE 14: SENIORITY

ARTICLE 15: PTO Paid Personal Time Off

ARTICLE 16: HOLIDAYS

ARTICLE 17: JURY DUTY

ARTICLE 18: LEAVES OF ABSENCE

ARTICLE 19: STEWARDS CLAUSE

ARTICLE 20: INSURANCE

ARTICLE 21: GRIEVANCE PROCEDURE

ARTICLE 22: ARBITRATION

ARTICLE 23: CALLBACK PAY

ARTICLE 24: TOOLS AND EQUIPMENT

ARTICLE 25: SEPARABILITY CLAUSE

ARTICLE 26: WAGES AND CLASSIFICATIONS

ARTICLE 27: SPECIAL ASSIGNMENTS

ARTICLE 28: OVERNIGHT TRAVEL

ARTICLE 29: SEASONAL EMPLOYEES

ARTICLE 30: IBEW CODE OF EXCELLENCE

ARTICLE 31: TERMS OF AGREEMENT

THIS AGREEMENT, entered into this 8th day of June 2022, by and between T & H Services, INC., AND Amentum, hereinafter called the “Company” and LOCAL UNION NO. 113, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, hereinafter called the

“Union.”

WITNESSETH

WHEREAS, it is the intent and purpose of the Company and the Union to set forth herein the entire

Agreement with respect to wages, hours and working conditions as it relates to operation and maintenance activities in support of the United States Army, Directorate of Public Works (DPW), Ft.

Carson, Colorado as contracted to the Company. Further, it is the intent of the parties to secure maximum efficiency of the operation and production from the employees; to prevent strikes and lockouts and to facilitate peaceful adjustment of grievances and unnecessary and avoidable delays and expense so far as possible. Furthermore it is recognized by the Agreement to be the duty of the

Company, the Union and the employees to cooperate fully, both individually and collectively to meet the requirements of the customer. The Union recognizes that the Company is a contractor to the

United States Army, Directorate of Public Works (DPW), Fort Carson, Colorado and that the

Company is required at all times to fully meet its obligations as a contractor. Nothing in this

Agreement is intended, nor will any provision of the Agreement prevent the Company from fully meeting its obligations and responsibilities as a contractor.

NOW, THEREFORE, the parties hereto have CONCLUDED their negotiations and have agreed as follows:

ARTICLE 1: PURPOSE OF AGREEMENT

The purpose of this Agreement is to provide reasonable wages, hours of work and other conditions of employment so as to promote orderly and peaceful relations between management and labor. The

Company and the Union encourage the highest possible degree of professional relationship between the Union and the Company. The officers of the Company and the Union realize that this goal depends on more than words in the Labor Agreement; that it depends primarily on the attitude between the Company employees represented by the Union and Company Management. They recognize that proper attitude must be based on full understanding of and regard for the Company’s rights and responsibilities to manage its business.

ARTICLE 2: RECOGNITION

The Company recognizes the Union as the Collective Bargaining Representative for all full-time and part-time or temporary seasonal, hourly operations and maintenance employees employed by the

Company on the Base Operations and Maintenance Contract at Fort Carson, Colorado. Excluded from this agreement are the professional, managerial, supervisory, and administrative staff including all clerical personnel, as defined in the National Labor Relations Act.

ARTICLE 3: MANAGEMENT RIGHTS

Section 1. Except as limited by a specified provision of this Agreement, the Company shall continue to have the right to take appropriate action in managing the work site. Exempt personnel may perform job tasks as-needed during an emergency situation to mitigate, limit and/or avoid damage to property and/or equipment and to maintain the Ft. Carson mission as long as no Union member loses work hours. All inherent and common law management functions, which the

Company has not expressly modified or restricted by a specific provision of this Agreement, are retained and vested exclusively in the Company. The Company’s failure to exercise any function reserved to it shall not be deemed to be a waiver of any such right.

Section 2. Except as hereinafter provided, it is agreed by both parties to this Agreement that the

Management of the work site and direction of the working forces, the maintenance of order, discipline and efficiency, including the right to direct, plan and control work site operations, to schedule working hours or production, the right to hire, promote, demote, transfer, suspend or discharge employees for just cause or to release employees because of lack of work or for other legitimate reasons, or the right to introduce new and improved facilities, to determine the method of operations, the materials to be used, the discontinuance of any operations, material or methods of operation, to manage the work site, the preparation of any and all production time records or other similar forms and records, the establishment, revision and implementation of reasonable Company rules and regulations necessary for properly conducting its business which are not contrary to this contract, is vested exclusively in the Company, subject to the specific provisions of the Agreement.

Furthermore, disciplinary actions shall be in accordance with the Company’s established policies and procedures. The Company policies shall take precedence to the extent that they are not in conflict with any provision of this Agreement. As policies are updated, the Union will be notified prior to the workforce communication.

Section 3. The Union on behalf of its members and the Company recognize and agree on the principle of a fair day’s work for a fair day’s pay; in that the jobs covered by this Agreement and the job security of the employees is best protected through efficient operations. Employees covered by this Agreement are expected to be at their work site ready to begin working at the start of their shift and remain at their work site until the end of their scheduled shift and they are properly relieved.

ARTICLE 4: UNION SECURITY

Section 1. All employees of the Company covered by the terms of this Agreement shall be required to become and remain members in good standing of the Union as a condition of employment from and after the thirtieth (30th) day following the date of their employment or the effective date of the Agreement, whichever is later.

Section 2. Upon receipt of a voluntary written authorization, the Company agrees to deduct and forward monthly to Local Union 113 the membership dues from the pay of each Union member. The amount to be deducted shall be the amount specified in approved Local Union’ Bylaws. Such amount shall be certified to the Company by the Local Union upon request by the Company. Payment will be forwarded not later than the fifteenth (15th) of the following month. The Union agrees to indemnify and hold the Company harmless against any and all claims, suits or other forms of liability arising from the obligations and executions thereof of this article.

Section 3. The Company will notify the union in writing within 15 days after employment of the name, address, social security number, classification, and rate of pay for each new employee who is within the bargaining unit.

Section 4. Probationary Employees: Employees shall be on probation for their first ninety (90) calendar days of employment in the bargaining unit. During the probationary period of employment, they are subject to discharge without recourse to the Grievance Procedure. Times may be extended by mutual consent of both parties.

a. A thirty (30)-day trial period will apply to all new positions. If the current employee cannot meet the minimum qualifications during this thirty (30)-day trial period, they will be sent back to their previous position/shop if their position is still available.

Section 5. The Union recognizes that the Company is bound contractually to the Government.

Any provision or requirement the Government has in existence or places upon the Company will supersede any provision of this agreement. Furthermore the Union and the employees recognize that they are not to interfere in the relationship between the Government and the Company.

ARTICLE 5: NO STRIKE AND NO LOCKOUT

The Union agrees that it will not authorize, encourage, sanction or approve any strike, picketing, slowdown, deliberate curtailment of operations, work stoppage of any kind or form or other interruption of work during this Agreement provided the dispute which caused the job action is subject to the grievance and arbitration procedure set forth herein. Any employee participating in such action shall be subject to whatever disciplinary action including discharge that the Company may decide upon. The Company for its part agrees that there shall be no lockouts during the terms of this Agreement.

ARTICLE 6: NON-DISCRIMINATION

Section 1. The parties of this Agreement agree not to discriminate against any employee or applicant for employment with the Company, member of the Union or applicant for membership in the Union, because of race, creed, color, sex, age, religion, disability/handicap, veteran’s status or national origin.

Section 2. Any employee engaging in sexual harassment, use of inappropriate language or engaging in discriminatory conduct may be subject to immediate discharge. This is to include, but not be limited to, displaying any inappropriate pictures, photos and/or comments in the work place.

Section 3. There shall be no discrimination between male and female employees and it shall be the policy of the Company to pay equal pay for equal job performance. The provisions of this

Agreement shall be applied to all employees without regard to race, creed, color, sex, age, religion, disability/handicap, veteran’s status or national origin.

ARTICLE 7: WORKDAY AND WORKWEEK

Section 1. The workweek for the purpose of computing pay shall consist of seven (7) consecutive twenty-four (24) hour periods, 12:00 am to 11:59 pm. Specific workweek will be based on Contractor(s) Company Policy.

Section 2. Eight (8) consecutive hours, excluding the ½ hour lunch period shall constitute a regular day’s work. The shift schedule start will be defined by their start times in the following windows:

First Shift: 5:00 am to 9:00 am

Second Shift: 2:00 pm to 6:00 pm

Third Shift: 10:00 pm to 2:00 am

The Company will implement one of, or a combination of the following shifts 4x10, 9x80, or 12-hour rotating shifts in all shops except where PWS requirements cannot be met. Overtime will be paid after Scheduled Shift Hours in a day. Overtime will be paid after 40 hours working in a week.

This will apply to all CBA positions with the exception to Sewage Plant Operators and Heat Plant

Operators who will be permitted to work through their half hour lunch break, with compensation, while working their shift. The company agrees to allow two (2)-15 minute breaks, one (1) at the first half of the shift and one (1) at the second half of the shift. Any five days in a seven (7) day period inclusive shall constitute a regular workweek. Employees will show up to their designated shop/work area ready to work at the start of their regular work shift. Employees may not work before designated shift start time.

Section 3. The provisions of this Article are intended only to provide the basis for calculation and payment of overtime and shall not be construed as a guarantee of any specific overtime hours.

Overtime for all employees shall be paid for hours actually worked in excess of (8, 9, 10 or 12) hours in a work day or forty (40) in a normal work week at one and one-half (1 ½) times the straight-time hourly rate dependent on the shift scheduled. All hours worked on a holiday as identified in Article

16 will be paid at one and one-half (1 1/2) times the straight-time hourly rate.

Overtime at one and one-half (1 1/2) times the straight-time hourly rate will be paid for hours worked on an employee’s scheduled days off provided the employee has worked or been paid for forty (40) other hours during the same pay week. (There will be no pyramiding of overtime.)

It is understood and agreed that when possible, overtime shall be assigned on a voluntary basis.

Should volunteers not be available and sufficient in numbers for the required workload, mandatory overtime shall be assigned on a rotational basis. Employees may not work overtime unless (a) directed to do so by their Supervisor or a Manager of the Company; or (b) the overtime was necessary for the safe operation and was reported to the Supervisor immediately. The Company agrees to provide the employee as much advance notice of overtime as possible.

Section 4. Employees scheduled to work second (2nd) and third (3rd) shift, including all shops on a rotating shift schedule, will receive $2.00/hour shift differential for 2nd shift and $2.25/hour for

3rd shift respectively for hours worked during those normal shift hours. Shift differential will be included for calculating overtime rates. Employees who work first (1st) shift and extend into second

(2nd) or third (3rd) shift will not receive the shift differential as stated in this section. Any employee whose shift is changed shall be provided with a minimum of 48 hours’ notice or paid at 1 ½ times his/her normal pay rate with exception to snow events. See Article 23 Section 4.

Section 5. No employee shall be released from duty for the sole purpose of offsetting overtime that has been worked, unless authorization for overtime is denied by the government or the employee requests such in writing and it is approved by management. See Article 23 for Snow Events.

Section 6. Employees who are discharged shall be issued a termination notice with the reason for termination and a copy of the notice shall be forwarded to the Local Union Office by the Company.

Section 7. Under the Fort Carson Support Services Contract, all personnel are considered

Essential Personnel. However, for purposes of inclement weather and road closures, employees who are unable to report to work due to severe weather and/or road closure situations will be allowed, to utilize LWOP to cover the absence only once PTO has been exhausted.

Section 8. License, Certifications and Training: The Company will reimburse employees for maintenance cost of any specialty license or certificate required by the Government contract or by the Company. Employees must follow the Company procedure for training request in order to receive reimbursement. All employees employed in job classifications that require specialized licensing or certification will be responsible for the initial cost of the license. The Company will only reimburse the employee for cost related to maintaining the required license or certification.

ARTICLE 8: PAYDAYS

Employees are required to complete their time records accurately and completely on a daily basis.

Employees will be paid weekly in accordance with the Company’s standard policies and procedures.

Employees will be paid on Friday one (1) week from the close of the last pay day in the pay period unless or except such day is a Holiday or is otherwise declared by the Company or the Government as a non-scheduled day. In such event, pay will be made on the last workday preceding the Friday payday. In the event of incorrect or late paychecks due to computer error, the Company will make any corrections needed by the end of the shift on the following pay day. In the event of corrections required due to employee error, the company will make the correction by the second (2nd) payday following the discovery of the error.

ARTICLE 9: BULLETIN BOARD

Subject to approval by the Government, a bulletin board will be provided for the exclusive use of the Union and for the purpose of posting Union notices. The notices will encompass such subjects as meetings and Union elections, appointments and results of Union elections, recreational and social affairs, and miscellaneous announcements. This bulletin board shall not be used for detrimental propaganda of any kind, nor shall it be used for the posting or distribution of payments or notices of political matters, advertising, or notices adversely reflecting upon the Company. The Company’s

Project Manager and the local Union Business Representative, or their authorized designees, must approve all items within twenty four (24) hours of request before posting to assure that detrimental propaganda is not posted.

ARTICLE 10: ACCESS TO COMPANY FACILITIES

Section 1. The authorized representatives of the Union shall be allowed access to Government facilities where Company business is conducted with the exception of controlled access areas for the purposes of conducting proper Union business. It is agreed and understood that in conducting Union business, disruption of the employees’ work will be kept to a minimum. All representatives of the

Union will comply with the normal security procedures, which are in effect for the facility being visited. In addition, Union representatives shall be granted access to Company facilities for purposes of attending joint meetings, conferences, negotiations, and other appropriate functions. Permission of the Company’s Project Manager must be obtained. Permission will not be unreasonably withheld.

Employees will meet only during break times, unless additional time is requested and approved. The employee’s supervisor must approve additional time. All Union Representatives requiring appointments with the Company’s Management staff will schedule appointments with the

Company’s Project Manager’s Office at least twenty-four (24) hours in advance.

Section 2. Facilities shall be defined as any place where the operations of the Company are conducted on either a permanent or temporary basis at Fort Carson, Colorado.

ARTICLE 11: EMPLOYEE UNIFORMS

Section 1. The Company will provide eleven (11) Fire-Rated (FR) uniforms with laundry service per employee per year for all employees working under 70-E Safety Conditions. The

Company will provide eleven (11) uniforms or an appropriate number of cover-alls with laundry service per employee per year for all employees working in conditions that are determined by the company to require appropriate PPE. All other employees will not be furnished with uniforms and must comply with the dress-code policy. Employees will be required to sign for uniforms and are responsible for said uniforms. The uniforms shall consist of clean and well-maintained pants and shirts with only the name of the Company and the employee’s name. Employees are responsible to report all uniforms missing or in disrepair to the assigned Company Representative. Failure to do so in a timely manner may result in the employee being held financially liable for the affected uniforms.

Only Company-furnished hats will be worn by anyone wearing a hat. Those hats may only include pins for work related awards.

All employees will wear safety shoes and the Company will reimburse up to a maximum of

$200/year. Employees shall be permitted to have an additional allowance for another pair of safety shoes per year if the employee presents damaged or extremely worn safety shoes that need to be replaced. The worn out pair of safety shoes must be relinquished to the employer after they have been replaced. A new 12-month safety shoe date will go into place at that time. Additionally, the

Company will provide personal protective safety equipment to the employees when required on an as needed basis. Employees reporting to work improperly dressed will be sent home without pay.

The second (2nd) incident may result in termination.

Section 2. Employees shall report to work at shift start time with their work uniform on, including safety boots, ready to work. Employees shall remain in their uniform until their shift has ended. Employees shall present a neat, clean and work appropriate appearance at all times in compliance with the Company Dress Code Policy.

ARTICLE 12: SUBSTANCE ABUSE

Section 1. The Union and the Company recognize that substance abuse and/or drug use by any employee could seriously endanger the employee, customers, other individuals on the jobsite, the public and affect work performance and safety. The Company has established policies and procedures regarding a drug-free workplace and substance abuse, which shall apply to all employees and all applicants.

Section 2. The Union acknowledges that the Company has a right to test all employees when involved in any accident or under suspicion of drug or alcohol usage and further acknowledges that the employer will also require applicants for employment to submit to substance abuse testing, and hereby consents to such testing of applicants for employment and employees in accordance with the procedures hereinafter set forth.

Section 3. The parties acknowledge that the Company has a substance abuse policy which includes pre-employment, post-accident, reasonable suspicion and random testing and, in accordance with the language of Section 1, employees will be advised of this policy. The parties have agreed that supervision and stewards responsible for handling substance abuse issues under the “reasonable suspension” standards shall be trained in recognition and handling of substance abuse problems.

ARTICLE 13: SAFETY

Section 1. The Company will continue to make reasonable provisions for the safety and health of its employees during the hours of their employment and will continue to provide, as in the past, protective devices and other equipment necessary to properly protect employees from injury.

1 (a) The Company will provide up to $200 for prescription safety glasses upon receipt of a new vision prescription or vision prescription change or in the event that their current safety glasses are damaged and must be replaced. They will be brought to HR for confirmation.

Section 2. The Union and the Company will cooperate to the fullest possible extent towards the prevention of accidents and the promotion of safety and health among the employees of the

Company.

Section 3. The Company affirms its willingness at all times to receive and consider all constructive complaints, suggestions or recommendations of the employees with reference to matters affecting safety, sanitation and health and improvements in productivity and the general welfare of the employees and Company.

Section 4. In the interest of the employees, the Union will provide their utmost cooperation in insuring that their membership shall use the protective devices and other equipment, which are provided for their own safety and health.

Section 5. The Company will properly train employees regarding safety practices and procedures. The employees will complete and acknowledge training on Company Safety and HR

Policies. It is the employee’s responsibility to comply with these policies and access them for review as-needed by contacting their Supervisor, Manager or HR to do so.

Any employee who disregards normal safety precautions, to include failure to follow established safety policies, on the worksite of the premises of the Company is subject to termination. Employees involved in an accident will be tested for drugs and alcohol. Positive testing or failure to work safely is cause for immediate termination.

ARTICLE 14: SENIORITY

Section 1. Seniority is hereby defined as the employee’s most recent date of continuous-service employed by a contractor on the Department of Public Works contract at Fort Carson.

Section 2. It is agreed that layoffs and recalls shall be based on seniority in a particular job classification; however, promotions, demotions and transfers shall be based solely upon qualifications.

Section 3. In the event of lay-off or recall from lay-off, seniority shall control if the senior employee has the ability to perform the available work. The employee with the least seniority shall be laid off first and recall will be in the inverse order of lay-off. It is understood that probationary employees will be laid off before employees with seniority in like classifications.

Section 4. A non-probationary employee who is laid off shall have callback rights for a period of one (1) year. It is the responsibility of the laid-off employee to keep the Company advised by certified mail of any changes in his/her mailing address. The Company shall be considered to have fulfilled its obligation for recall under this Section by sending notice of the job opening to the employee’s last known address by certified mail. The employee shall express to the Company his/her intent to return to work not more than seventy-two (72) hours after receipt of certified notice from the Company; thereafter, the employee will have a maximum of seven (7) days in which to report for duty. In the event the person has found other employment, he/she will have a maximum of fourteen (14) days in which to report for duty.

Section 5. An employee’s seniority shall be terminated upon the occurrence of any of the following events:

• Employee is discharged for just cause;

• Employee voluntarily quits;

• Employee has been on layoff status in excess of the time limits provided in Section

4 above;

• Employee fails to express to the Company his/her intent to return to work and/or does not return to work in accordance with the requirements of Section 4 above;

• Employee retires and/or becomes permanently disabled;

• Employee fails to report for work and fails to notify the Company for three (3) consecutive days, except when circumstances caused by the employee’s illness or accident make it impossible for the employee to report or for anyone else to report for the employee;

• Employee fails to renew a leave of absence, except when circumstances caused by the employee’s illness or accident make it impossible for the employee to report or for anyone else to report for the employee.

Section 6. Employees who transfer out of the bargaining unit will retain their Bargaining Unit seniority for a period of thirty (30) days, after such time the employee will lose all Bargaining Unit

Seniority. If the employee returns to the Bargaining Unit, they will be placed at the bottom of the appropriate seniority list.

ARTICLE 15: PAID PERSONAL TIME OFF (PTO)

Section 1. All Employees except Seasonal employees will earn PTO time off with pay according to the following table.

Section 2. PTO may be used for vacation personal illnesses; family related medical appointments or illnesses, bereavement or for any other personal reason.

Section 3. A PTO year is the twelve (12) consecutive month period beginning with the employee’s most recent anniversary date of employment with no break in service with the predecessor, current, or successor contractor.

Section 4. PTO Time will accrue per pay period using a formula applicable to the time in Section 1 of this Article. PTO time may be used at any time after the 1st week’s accrual.

Section 5. Compensation for the PTO Period shall be computed at the employee’s base rate of pay in effect at the time the PTO is taken. For use of partial day PTO, time may be taken in a minimum of .1-hour increments with a minimum of one (1) day notice, or less if approved by the Project

Manager or his designated representative.

Section 6. All PTO must be exhausted before the use of any LWOP. .

Section 7. PTO during a work day does not count toward the calculation of overtime in a work day. PTO will count toward the calculation of overtime in a work week.

Section 8. PTO must be taken in accordance with the employee’s regular work schedule of 8, 9, 10, or 12-hour days.

Section 9. Employees working any number of hours on Davis Bacon work will in no way be penalized on their accrued paid PTO time and will be entitled to the full PTO pay hours as described in this article.

Section 10. Entitlement to PTO will be approved on a first-come, first-served basis.

Section 11. All employees must submit a PTO request form two weeks in advance (to be supplied by the Company) for any PTO usage in excess of a partial day. (unless an emergency).

Section 12. Upon termination, all unused accrued PTO will be paid.

Section 13. PTO accrual will stop at two (2) times the annual entitlement. Both the Company and the Union encourage employees to take as much of their annual entitlement as possible to avoid losing accrual.

Continuous Years of Service Annual

With the Predecessor, Hours Current, or Successor Contractor Accrual

1 year but less than 5 136.00 Hours

5 years but less than 15 176.00 Hours

15 years but less than 20 216.00 Hours

20 years or more 256.00 Hours

Section 14. Bereavement

a. In the event of a death in an employee’s immediate family, the employee will notify his/her

Supervisor designee to obtain approval for time off from work for up to three (3) days paid

Bereavement leave. Employees needing additional time may request up to 2 days PTO or unpaid leave for out of state. Anytime an employee is on paid bereavement leave, they shall be paid their current wages and fringe benefits for each day missed up to a maximum of shift hours up to forty (40) hours per week. If there is any additional time needed it should be requested through the time off request procedure.

b. For the purpose of this section, a member of the employee’s immediate family is defined as that employee’s current legal spouse, child, mother, father, siblings, step-siblings, grandparents, grandchildren, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, step-mother, step-father, step-children, foster children, or domestic partner.

c. Employees may be eligible for an additional two days of unpaid leave if all PTO has been exhausted. This must be requested and approved before the expiration of the three-day leave.

Approval of such unpaid leave shall be at the sole discretion of management.

ARTICLE 16: HOLIDAYS

Section 1. The following holidays will be paid for at the basic straight time hourly rate of pay not to exceed employees shift hours for full-time, part-time and temporary seasonal employees as specified below.

New Year’s Day Martin Luther King Day

President Day Memorial Day

Juneteenth Fourth of July

Labor Day Columbus Day

Veteran’s Day Thanksgiving Day

Christmas Day

Section 2. All hours worked on the actual Holidays shall be paid at the overtime rate of one and one half (1 ½) times the employee’s regular rate of pay in addition to Holiday pay. Any full-time employee herein described that works during the week of the Holiday is entitled to full Holiday pay.

Any part-time or seasonal employee herein described that works both the full shift on the last scheduled day prior to and the full shift on the first scheduled day following the Holiday is entitled to full Holiday pay.

Section 3. Employees scheduled to work on a Holiday may be allowed to work that day for the regular overtime rate of pay and designate a different day to take off as the Holiday at the straight time rate of pay with the supervisor’s approval of that day. Such designation notice must be given to the supervisor in writing no later than the last scheduled shift preceding the actual Holiday and shall specify the day to be taken off. Such day off shall be taken within thirty (30) days of the actual

Holiday. Holiday hours count as hours worked for the purposes of calculating overtime.

Section 4. If the President of the United States declares a Federal Holiday, and the Contracting

Officer approves, all employees will have the day off with pay or the provisions set forth in Sections

2 and 3 of this Article shall apply.

Section 5. Employees shall be entitled to one floating Holiday, (Columbus Day), to be used the day after Thanksgiving Day.

Section 6. When an employee works outside of their regular classification as a Lead during a

Holiday week, they will be paid Holiday pay at the higher Lead classification rate.

ARTICLE 17: JURY DUTY

Section 1. An employee who is required to be absent from work during his/her regularly assigned shift to serve as a juror in satisfaction of jury duty service legal requirement shall be fully compensated at his/her regular rate of pay for work hours lost during his/her regularly assigned shift, less any compensation received by the employee. A probationary employee required to be absent from work during the employee’s assigned shift to serve as a juror in satisfaction of legal requirements, shall have the days spent as a juror added to the employee’s probationary period. Jury duty will be paid up to a maximum of ten (10) working days per year.

Section 2. Employees must report to work on any scheduled workday that they are not required to report for jury duty. Employees are expected to return to work for partial days if excused from jury duty. It is understood that employee scheduling may become a problem. Maximum communication and cooperation are needed in shift scheduling to ensure that contract requirements are met, i.e., common sense prevails.

Section 3. In submitting time sheets, Employees will turn in all official fee receipts received for jury duty (except those received on an employee’s holiday or a nonscheduled workday), excluding compensation received for travel, meals and lodging.

Section 4. When jury service does not conflict with an employee’s work schedule, the employee may report to work at his/her regular starting time and retain any jury fee earned.

Section 5. The employee will submit official documents to the Company’s Project Manager to show evidence of having been selected as a juror and evidence of the number of days the employee received pay for serving jury duty.

Section 6. The employee will record time spent serving on jury duty on his/her time sheet.

ARTICLE 18: LEAVES OF ABSENCE

Section 1. An employee requesting a non-medical leave of absence without pay shall make application in writing to the Company’s Project Manager on a form to be provided for that purpose by the Company. Employees seeking a medical leave of absence should follow Company policies and procedures for FMLA/reasonable accommodation requests. Leaves of absence shall be granted for personal reasons in accordance with the Company’s established policies and procedures as operational requirements permit, upon application of the employee and approval of the Company.

Any leaves of absence may be extended provided a written request is received prior to expiration of the leave and upon written approval of the Company if operational requirements permit.

Section 2. Upon written request from the employee, a leave of absence without pay for a period not to exceed fifteen (15) calendar days in any calendar year shall be granted to not more than two

(2) employees at a time to attend Union conventions or conference, provided that such leave will not interfere with the Company contractual obligations to the Customer.

Section 3. Upon written request from the employee, an employee elected or appointed for full-time Union activity necessitating a leave of absence shall be granted such leave without pay, not to exceed one (1) year.

Section 4. Maternity or Paternity leave will be granted in accordance with the FMLA process.

Section 5. Military Service Leave will be granted in accordance with the provision of the

Company’s policies and procedures.

Section 6. Time spent on a leave of absence, which exceeds thirty (30) calendar days in duration in a calendar year, shall not count for seniority or the earning of PTO.

Section 7. Upon return from an approved leave of absence the employee will be reinstated in former position or a substantially similar position, if available.

Section 8. The Company will not be responsible for payment of benefits during such leaves of absence. The employee is responsible for contacting the company benefits manager and setting up a payment plan while out on such leaves of absence. If the payment plan does not cover the total monthly costs of benefits, the balance will be deducted from the employee’s weekly check at a rate determined by the benefits manager and agreed upon by the employee until all payments are made current.

Section 9. All accrued paid leave must be exhausted prior to the authorization of LWOP unless otherwise specified in this Collective Bargaining Agreement.

ARTICLE 19: STEWARDS CLAUSE

The Union has the right to appoint no more than seven (7) Stewards under the terms of this agreement and will appoint no more than one (1) Steward per shop. The Company shall be notified and furnished the name of the Stewards. Such stewards shall be allowed sufficient time not to exceed five (5) hours per week, during the regular working hours without loss of pay to see, that the terms and conditions of this Agreement are observed. Stewards will be allotted ½ hour to perform new hire union orientation. The Shop Steward will make all reasonable effort to notify the Supervisors involved prior to leaving the work site and upon return. No steward shall be discriminated against by the

Company because of his/her faithful performance of duties as a Steward, nor shall any Steward be removed from the job until notice has been given to the Business Manager of the Union.

ARTICLE 20: INSURANCE

Section 1. Effective upon open enrollment period with each employee’s respective company, all employees who are Full Time Employees, shall be required to participate and remain participants in the Company’s benefits plans for health, life insurance, employee assistance program, accidental death and dismemberment (AD&D), short term disability and long term disability plans during the term of this agreement, with the exception of those employees eligible to opt-out of the Company’s health care (medical) plan to other employer related plans, limited to spousal employer plans and retiree plans, but not individual plans. The opt-out provision is only applicable to the medical plan and does not include any other benefit plans. Employees may elect vision and dental, and benefits coverage for themselves and/or their eligible dependents.

September 30, 2022 September 30, 2023 September 30, 2024

Family

$9.75 $10.34 $10.96

Employee + Spouse

$8.05 $8.53 $9.04

Employee + Child(ren)

$7.47 $7.92 $8.40

Employee only

$7.42 $7.87 $8.34

Section 2. The Company will contribute the sum per hour paid, up to forty (40) hours per week to each full time employee to be used to cover the cost of the employee’s insurance coverage. An employee while working a shift other than 40 hours, (ie. 9x80 or 12-hour shifts) per week will continue to receive their fringe benefit at 40 hours per week pending no LWOP has been taken.

Should an individual’s Health and Welfare benefit amount be in excess of the cost of elected insurance benefits, the remaining balance will be paid into a Company provided 401(k) plan. All bargaining unit employees, regardless of their benefit elections, may elect to contribute pre-tax dollars through payroll deductions to their individual 401(k) account up to the maximum of IRS regulations.

Section 3. As many of these plans are provided by outside vendors and are Company-wide plans, the Company may find it necessary or desirable to change, amend or revise some or all of the plans during the life of the Agreement between the parties, including any changes or revisions required by the Affordable Health Care Act. Should this occur, the Company will immediately advise the Union of such changes and will meet as soon as possible with the Union to negotiate the effect of such changes on the employees covered by the Agreement.

Section 4. Employees on leave of absence will make benefit payments as provided for in Article

18.

Section 5. Non-payment of the premiums will cause cancellation of the employee’s benefits.

Section 6. Part-Time or Temporary Employees when not eligible for the Company benefits plans will receive their applicable fringe benefit monies paid out each pay period.

ARTICLE 21: GRIEVANCE PROCEDURE

Section 1. A grievance is a dispute, claim or complaint arising by and between the parties during the term of this Agreement. Grievances are limited to matters of interpretation or application of express provisions of this contract.

Section 2. Grievances shall be handled in the following manner:

Step 1 – An employee having a grievance under the terms of this Agreement shall within five (5) working days after the occurrence from which the grievance arose, discuss the grievance with the Steward and the immediate Supervisor designated by the Company.

Step 2 – If the parties fail to resolve the grievance in Step 1, the grievance shall be reduced to writing and discussed between a Business Representative of the Union and the Project Manager or his designated representative. This meeting shall take place within Seven (7) working days of the Step 1 meeting. If the matter is not satisfactorily resolved within Seven (7) working days, it may be submitted to arbitration in accordance with the procedures hereafter.

Section 3. Grievances involving discharges may be processed at any step of the grievance procedure in order to facilitate their handling. Any employee who is discharged shall leave the premises immediately.

ARTICLE 22: ARBITRATION

Section 1. If either party desires Arbitration concerning any grievance or dispute, it shall make a request for a panel of arbitrators for Arbitration with the Federal Mediation and Conciliation Service

(FMCS) within ten (10) working days of the conclusion of Step two (2) of the grievance procedure.

Once the panel is received, the parties will have ten (10) working days to make a selection. The parties will jointly share the cost of the panel of arbitrators and will strike from this panel to select the arbitrator to hear the case (the last arbitrator remaining will be selected). FMCS will be notified and will contact the arbitrator.

Section 2. The arbitrator shall have jurisdiction and authority to interpret and apply the provisions of this Agreement insofar as shall be necessary to the determination of the grievance, but he/she shall have no power or authority to add to, change, or modify any of the terms of this

Agreement or any supplementary agreements.

Section 3. The cost of the arbitration process (other than counsel fees and witness fees which shall be borne by the respective party incurring them) shall be borne by the losing party.

Section 4. The decision of the arbitrator within the purview of this authority is final and binding on the Company, the Union and the Grievant.

ARTICLE 23: CALLBACK PAY

Section 1. An employee called back to work after having left at the end of their regular shift, shall be guaranteed three (3) hours pay. Employees will not be paid for time spent traveling to and from work. If an employee’s call out is cancelled while in route, he/she will receive 3 hours of call out pay. If the call is cancelled within 15 minutes of receiving the call the employee will be paid .3 hours for the time receiving the call.

a. Any employee who works any shift and is assigned additional work prior to leaving at the end of the day will not be guaranteed 3 hours of pay if hours worked are consecutive to their scheduled shift.

b. If a call out is received within 3 hours prior to the start of the employees regular shift and the hours worked to resolve the issue roll into the regular shift, the call out is not eligible for

3 hours call out pay and will be considered an extension of the day’s shift and the employee will be paid overtime for any hours worked over their scheduled shift in a 24-hour period, (per Section 7.3)

c. When employees are called back into work for call outs all measures necessary must be taken to diagnose and resolve the problem before logging out of the call and returning home.

d. All employees called back to work for a call out are required to log into the job with work

Control when they arrive on Fort Carson and log out with Work Control after all efforts are made to complete the Work Order to include all paperwork and notes have been entered into the Work Order.

e. If an employee is called at home concerning company business by Work Control, a member of management or an employee who has been approved by management, said employee will only be paid for the actual time spent on the phone. Such time spent on the phone will not be deemed a call out.

Section 2. If an employee reports for work without prior notice not to report and no work is available for him, such employee shall be given whatever work is available or if no work is available, the employee shall be paid two (2) hours at his regular straight-time hourly rate unless he was unable to work because of fire, flood, storm, electrical failure or other such Act of God or circumstances beyond the Company’s control.

Section 3. Employees on call duty will be required to wear a company cellular telephone at all times. When called in to work, Section 1 of this article prevails. Employees have the ability, at their discretion, to provide a second contact number. In the event of a call out and the employee is unable to be contacted on the company issued phone, the Work Control Department or Supervisor may use this number to attempt contact. Employees, while on call shall be paid as specified in Schedule A;

on call pay section. If an employee is called out and performs any work, they will forfeit the stipend in Schedule A for that week excluding the Section 4: Snow and Ice. Only the primary on call person will receive the on-call stipend for the week of being on call. When an employee is called in before

Midnight, they will be paid at the overtime rate, 1 ½ times their normal rate of pay for continuous hours worked until released from work. If an employee is called after Midnight, they will be paid at straight time pay until shift hours of work has taken place in that day, at which time the overtime rate of 1 ½ times their rate of pay goes into effect.

Section 4. Snow and Ice

Employees assigned to snow removal as a regular part of their duties will be assigned to A or B team which will rotate weekly with the pay period. Management will, when possible, schedule teams for snow removal. However, the need for snow removal in all events cannot be determined in advance.

Snow shift roster will be provided to the Union Representative NLT 15 September of every year.

Employees on shift shall receive the shift pay differential at the rate for the shift they began and for the duration of that shift until released. Any hours after 8 hours worked will be paid at 1 ½ times their rate of pay. For each team while they are on standby for snow on a rotational basis, two (2) employees will receive the on call incentive per Schedule A; on-call pay section.

In the event a snowstorm is predicted outside normal work hours, management will notify employees as early as possible of report time for snow call. This will not constitute call-in pay unless the employee has already worked 8 hours in the day. This will be considered a heads up to the personnel so that they can prepare in advance.

When a forecast predicts r the quantity of snow determined by the PWS, teams will be implemented.

Personnel on Day or Night crews may be sent home based on forecast, equipment availability, mission accomplishment, and snow accumulation. If, in the judgment of the Project Manager or designated representative the forecast is such to warrant snow shift implementation, the night shift may be released home for rest (normally by noon). However each storm is different and may require earlier or later release. If night shift is released, and not called back to work that day, or are called in for less than an accumulative eight (8) hours, they will place eight (8) hours on their respective time cards for that day. If they are called back in for that day for shift, they shall work at normal shift pay for the remaining hours not worked in that day until 8 hours is reached prior to midnight. If the employees continue working after midnight, they will begin the first 8 hours as straight time and any hours over 8 shall be at the overtime rate until the employee is released from work. This should not extend over 12 hours of continuous work time. The second team will then work the next shift up to

12 hours with the first 8 hours being straight time. Anything over 8 hours will be paid at 1 ½ times their regular rate.

It is the decision of the Project Manager or designated representative when to release personnel based on forecast, equipment, mission accomplishment, and expected accumulations.

If a late or unexpected forecast of snow fall requires manning, after all personnel have worked that day, day shift will work until night shift can get a minimum of five (5) hours rest.

If extreme snowfall prevents personnel from leaving the worksite (blizzard), personnel may stay and rest on site as non-paid hours.

ARTICLE 24: TOOLS AND EQUIPMENT

The Company agrees to furnish all power and specialty tools or equipment necessary for the safe and efficient performance of the employees’ duties. The employee agrees to be held accountable for assigned company or government owned power, specialty tools, company cell phones or any other

Government-Owned Property Book items and shall be held liable for replacement of those tools or equipment damaged or lost. The cost for any company or government owned vehicle, power, specialty tools or company cell phone lost or damaged due to the employee’s proven negligence, except for normal wear, will be deducted from the employee’s paycheck not to exceed up to $1,000 per incident and will be deducted up to a maximum of 30 weeks.