CBA 2018-2023 .pdf

AGREEMENT

Between

Rock Island Integrated Services

A joint venture of Fluor Federal Solutions and AECOM Government Services

And the

International Brotherhood of Teamsters Local No. 371

Rock Island Arsenal

Covering Period:

October 1, 2018 through September 30, 2023

TABLE OF CONTENTS

ARTICLE Page

Preamble 3 Purpose 3 1 Recognition 3 2 Successorship 4 3 Management’s Rights 5 4 Union Rights 5 5 Rights of Employees 6 6 Non-Discrimination 6 7 Union Security and Checkoff 7 8 Stewards 9 9 Bulletin Boards 10 10 Inspection Privileges 10 11 Official Union Business 10 12 Hours of Work 10 13 Reporting Time 12 14 Overtime 13 15 Holidays 15 16 Vacations 16 17 Sick/Personal Leave 17 18 Leave of Absence 18 19 Alcohol and Drug Abuse Program 18 20 Funeral Leave 19 21 Jury Duty Pay 19 22 Military Clause 19 23 Retirement and Savings Plan 20 24 Adjustment of Grievances 20 25 Arbitration Procedure 21 26 Disciplinary Action 22 26A Attendance Policy 23 27 Seniority 24 28 Uniforms 28 29 Examination and Identification Fees 28 30 Sub-Contracting 28 31 Training Programs 29 32 Job Descriptions 29 33 Bacon-Davis Language 30 34 Wages, Classifications and Fringes 30 35 Lead Person 35 36 Compensation Claims 35 37 Defective Equipment & Dangerous Conditions of Work 36 38 No Strike, No Lockout 38 39 Protection of Rights 39 40 Union Management Meetings 39 41 Scope of Agreement 39 42 Waiver 40 43 Duration of Agreement 41

PREAMBLE

The parties to this Agreement are Rock Island Integrated Services (RIIS), solely with respect to the Rock Island Arsenal Installation Support Services contracted operations, hereinafter referred to as the “Company” and the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local Union No. 371 hereinafter referred to as the “Union”.

PURPOSE

It is the intent and purpose of the Company and the Union to establish, through this Agreement, the wages, hours of work, and conditions of employment about which the Company and the Union wish to bargain for the employees of the Company in the unit defined herein; to provide a procedure for processing disputes between the Company and the Union as to the interpretation and application of the provisions of this Agreement; and generally to govern the relationship between the Company and the Union and its members to the end that the service to be provided by the Company to the Government may be improved through cooperation by and between the Company and its employees.

The Union recognizes the necessity to achieve efficiency in production and acknowledges that it is the further purpose of this Agreement to prevent interruptions of work and interference with the efficient operations of the Company’s business.

ARTICLE 1

RECOGNITION

Section 1.1 – The Company recognizes the Union as the sole collective bargaining agency for all employees covered by and coming under the provisions of this agreement for the purpose of collective bargaining in respect to rates of pay, wages, hours of employment and other conditions of employment.

Section 1.2 – This agreement shall apply to all Full time and Temporary hourly rate Non-Supervisory employees in the collective bargaining unit, excluding all other employees, to include office and clerical employees, professional employees, confidential employees, managerial and supervisory employees.

The term “employee” as herein used does not include any supervisor, foreman, or any employee occupying a higher supervisory or executive position.

Section 1.3 – Definition of Temporary Personnel “Temporary Personnel” are persons hired by the Company to perform seasonal work or who are hired for a specific assignment or project. A temporary employee is defined as an employee who is engaged in work with the understanding that he/she will be laid off from employment as of a specific date (normally within three (3) months) or upon completion of a specific assignment.)

If an employee is retained after the specific assignment he or she will be put on the Master Seniority List. Applicable probationary rules will apply.

Section 1.4 – Definition of Probationary Employee An employee, who has never accrued seniority under this Agreement, between the Company and the Union, or an employee rehired after termination of seniority shall be in a probationary status until the completion of ninety (90) calendar days.

An employee who is in probationary status may be disciplined or discharged at the sole discretion of the Company.

Section 1.5 – Supervisors Supervisory Personnel will not do non-supervisory work, which will deprive bargaining unit employees of work customarily, preformed by them. This does not prevent supervisory personnel from performing necessary functions of instructions or assistance to employees, from being trained for the competency in the operation of the process, or from temporarily operating for purpose of determining the operating characteristics of new or revised equipment or processes; or temporarily in case of emergency absence of an employee.

ARTICLE 2

SUCCESSORSHIP

This agreement shall be binding on the parties hereto, their successors, administrators, executors or assigns. In the event an entire operation is sold, leased, transferred or taken over by sales, transfer, merger, lease assignment, or new bidder to this government contract, such Company shall continue to be subject to the terms and conditions of this Agreement for the life thereof subject to the Federal Acquisitions Regulations (FAR’s) and the Service Contract Act (SCA). If the government should decide the services provided in this agreement are to be awarded to a new company, the Company (RIIS) shall provide the new contractor with a copy of the current Collective Bargaining Agreement with Teamsters Local 371.

ARTICLE 3

MANAGEMENT’S RIGHTS

Retention of Managerial Prerogatives.

Except as expressly modified or restricted by a specific provision of this Agreement, all statutory and inherent managerial rights, prerogatives and functions are retained and vested exclusively in the Company, including, but not limited to the rights, in accordance with its sole and exclusive judgment and discretion to: reprimand, suspend, discharge or otherwise discipline employees for just cause; to determine the number of employees to be employed; to hire employees, determine their qualifications and assign and direct their work; to promote, demote, transfer, layoff and recall to work employees; to set the standards of productivity, the services to be rendered; to maintain the efficiency of operations; to determine the personnel, methods, means and facilities by which operations are conducted; to set the starting and quitting time and the number of hours and shifts to be worked; to institute, expand, reduce, alter, combine, transfer, assign or cease any job, job classification, department operation or service; to control and regulate the use of machinery, facilities, equipment and other property owned, controlled, leased or used by the Company; to introduce new or improved technology, research, production, service, distribution, and maintenance methods, materials, machinery and equipment; to determine the number, location and operation of departments and all other units of the Company; to issue, amend and revise policies, rules, regulations and practices; and to take whatever action is either necessary or advisable to determine, manage and fulfill the mission of the Company and to direct the Company’s employees. The Company’s failure to exercise any right, prerogative or functions hereby reserved to it, or the Company’s exercise of any such right, prerogative, or function in a particular way, shall not constitute a waiver of the Company’s right to exercise such right, prerogative, or function or preclude it from exercising the same in some other way not expressly prohibited by a specific provision of this Agreement.

ARTICLE 4

UNION RIGHTS

Section 4.1 – The Union is the exclusive representative of the employees in the unit and is entitled to act for and negotiate collective bargaining agreements covering all employees in the unit. The employer agrees not to enter into any agreement or contract with its employees, individually or collectively, which in any way conflicts with the terms and provisions of this Agreement.

Section 4.2 – Statutory Rights

(a) The Union shall be given the opportunity to be represented at any formal discussion between one or more representatives of the Employer and one or more employees in the unit or their representatives concerning any grievances.

(b) Upon request of the employee, to be present at an examination of the employee by a representative of the Employer in connection with an investigation as detailed in Article 5.

Section 4.3 – Negotiated Rights: As detailed in other Articles and Sections of the agreement, the Union has the right to present its views to the Employer, either orally or in writing, on any matter of concern about conditions of Employment;

ARTICLE 5

RIGHTS OF EMPLOYEES

Section 5.1- It is the policy of the employer that all employees will be treated fairly and equitably in all respects.

Section 5.2--The employee has the right to be represented by the Union during any examinations by a representative of the Employer in connection with an investigation if;

(a) The employee reasonably believes that the examination may result in disciplinary action against the employee, and,

(b) The employee requests representation.

Section 5.3 – Employees have the right to see a Chief Steward. Such meetings will be arranged and held as soon as possible, preferably within two (2) duty hours. The meeting will then occur at a mutually agreed upon time but at no time shall it interfere with operational commitments. These meetings shall not exceed fifteen (15) minutes in length unless pre-approved by the Operations Manager or the General Manager.

ARTICLE 6

NON-DISCRIMINATION

Section 6.1 – Both the Company and the Union agree to support the principles of equal employment opportunity and will comply with applicable laws and regulations regarding discrimination against an employee because of race, religion, sex, age, creed, color, national origin, or disability. To the extent that the law or any final rule, regulation or order (including a final order of a cognizant court, with which the Company and the Union are required to comply, is in conflict with any of the provisions of this Agreement, such law of final rule, regulation, or order shall supersede the said provisions of this Agreement.

Section 6.2 – It is understood between the parties that the Union will have equal opportunity with all other sources to refer suitable candidates for employment.

Section 6.3 — Off-Duty Employment. Off-duty employment is defined as employment by another company or self-employment undertaken by full-time employees when not on duty performing work under this CBA. Employees are free to participate in legal off-duty employment of any type, subject to the following restrictions:

(a) Off-duty employment must not interfere with the employee’s attendance and job performance. An example of interference with job performance would be incoming/outgoing phone calls relating to the off-duty employment while on duty or visiting with personnel involved with the off-duty employment during duty hours.

(b) Employees will not utilize Government equipment or property nor Company equipment or property in the performance of their off-duty employment.

(c) Employees will not wear Company uniforms, nor use Company identification to gain access to the Arsenal or any of its facilities, for the purpose of performing off-duty employment.

(d) Employees should notify their Human Resources Department when engaged in off-duty employment to prevent the appearance of or to ensure there is no conflict of interest or unethical conduct IAW the Company ethics policy.

ARTICLE 7

UNION SECURITY AND CHECKOFF

Section 7.1 – All present employees, who are members of the Local Union on the effective date of this Agreement, shall remain members of the Local Union in good standing as a condition of employment. All present employees who are not members of the Local Union and all employees who are hired after the effective date of this Agreement shall become and remain members in good standing of the Local Union as a condition of employment on and after the 31st day following the beginning of their employment or on and after the 31st day following the effective date of this Agreement. An employee who has failed to acquire, or thereafter maintain, membership in the Union as herein provided, shall be terminated seventy-two (72) hours after his/her employer has received written notice from an authorized representative of the Local Union, certifying that membership has been and is continuing to be offered to such employee on the same basis as all other members, and further, that the employee has had notice and opportunity to make all dues or initiation fee payments. This provision shall be made and become effective under the provisions of the National Labor Relations Act, but not retroactively. Temporary personnel must join the Union after thirty-one (31) calendar days.

Section 7.2 – The Company shall notify the Union and the Steward promptly, in writing, of the employment of any employee who, under this Agreement, is required to be a member of the Union.

Section 7.3 – The Company agrees to deduct from the pay of employees covered by this Agreement the dues, initiation fees, assessments and any and all other monthly financial obligations, on a monthly basis, that the employees may have obligation to pay the Union to keep the employees in good standing with the Union. The Employer agrees to remit to said Union such deductions prior to the end of the month for which such deductions are made, provided however, that the Union presents to the Employer signed authorization from the employees for such deductions. The Company is not responsible for any check-off errors. The Union will address all discrepancies.

Section 7.4 – The Company agrees to deduct from the paycheck of all employees covered by this Agreement, voluntary contributions to DRIVE. DRIVE shall notify the Company of the amounts designated by each contributing employee, that are to be deducted from his/her paycheck on a weekly basis for all weeks worked. The phrase “weeks worked” excludes any week other than a week in which the employee earned a wage. The Company shall send payments to DRIVE National. Except for newly hired employees, the Union will limit the enrollment period to an annual basis.

Section 7.5 - A check-off list shall accompany the deductions setting forth the name and amount of dues and initiation fees deducted, and a copy of said deduction list shall be forwarded to the Union and the Steward. The said list shall also contain the names of employees from whom there were no deductions made and the reason.

Section 7.6 – Nothing contained in this Article shall be construed so as to require the Company to violate any applicable law. The Union shall indemnify and save the Company harmless against any and all claims, demands, suits, or other forms of liability, which may arise by reason of any action taken by the Company pursuant to this Article.

ARTICLE 8

STEWARDS

Section 8.1 – The Union shall elect or appoint a Chief Steward and designated alternate Stewards and they shall notify the Company of their selection.

Section 8.2 – The Chief Steward shall be permitted to spend up to five (5) hours per week, without loss of pay as may be necessary in the processing of grievances before leaving his job, excluding Mediation and Arbitration. The Chief Steward will be allowed up to an additional three (3) hours per week when involved in formal Step 2 grievance meetings. In the adjustment and processing of grievance as above set forth, the Chief Steward shall request permission from his/her immediate foreman or supervisor. Such permission shall be granted, provided it does not retard or interfere unreasonably with operations. In the absence of the Chief Steward, the alternate Steward shall be governed by the same principles. The alternate, when requested of the General Manager or by the Union, shall be permitted to attend grievance meetings beginning at the Step 2 level.

Section 8.3 – The Chief Steward shall be permitted to transmit such messages and information which shall originate with and are authorized by the Local Union or its officers provided such messages and information are of a routine nature and do not involve work stoppages, slowdowns, the refusal to handle goods, a strike, or any other interference with the Company’s business.

Section 8.4 – The Chief Steward shall be the last employee to be laid off, provided he is qualified to perform the work available, but in no case, shall the Chief Steward be discharged or laid off without prior discussion with a Union representative as to the reasons for such discharge or layoff.

Section 8.5 – The Chief Steward and alternate Stewards shall not be discriminated against for performing his/her duties.

Section 8.6 – The Chief Steward shall be permitted to investigate, present and process grievances. If the investigation requires the Chief Steward to go off the property of the Employer, he/she must have prior approval from the Operations Manager or the General Manager, Such time spent in handling grievances shall be considered working hours in computing daily and/or weekly overtime.

However, no compensation will be paid in excess of the normal work schedule for time spent discussing or investigating grievances or other Union matters, unless specifically authorized by the Operations Manager or the General Manager.

ARTICLE 9

BULLETIN BOARDS

The Company shall place bulletin boards (at least 2 feet by 3 feet) in appropriate locations in the departments on which the Union may post notices. All such notices are to be confined to official business of the Union. The General Manager’s office must be notified at least twenty-four (24) hours in advance of any such notice, if practicable. Such notice will not be derogatory toward the Company or the U.S. Government.

ARTICLE 10

INSPECTION PRIVILEGES

The Business Agent or other authorized representative of the Union shall be permitted, subject to governmental security regulations, to enter the facility, when necessary to meet with Stewards and to facilitate other Union Business and activities and will call the Human Resources department to schedule visits.

ARTICLE 11

OFFICIAL UNION BUSINESS

Section 11.1 – Time off for Union Activities The employer agrees to grant the necessary time off, without discrimination or loss of seniority rights and without pay, to any employee designated by the Union to attend a labor convention or serve in any capacity on other official Union business, provided forty-eight (48) hours written notice is given to the Employer by the Union, specifying length of time off. The Union agrees that in making its request for time off for Union activities, due consideration shall be given to the number of employees affected in order that there shall be no disruption of Employer’s operations due to lack of available work force.

ARTICLE 12

HOURS OF WORK

Section 12.1 – Normal hours.

The normal workweek shall be forty (40) hours, Monday through Friday. The normal workday shall consist of eight (8) hours of work. The normal work shift shall be 7:00 AM to 3:30 PM. In the departments that have a twenty-four (24) hour operation will be 7:00 AM to 3:00 PM; 3:00 PM to 11:00PM; 11:00 PM to 7:00 AM. Shifts shall be established and continued for a minimum of five (5) consecutive workdays and if Saturday and/or Sunday are worked, they shall be included in the five (5) day minimum period. Off days shall be scheduled consecutively. A pay period for all pays is defined as one (1) week period commencing every Saturday morning (12:01 A.M.) and running through the following Friday (12:00 midnight). Nothing in this Agreement shall be construed as a guarantee of eight (8) hours work per day or forty (40) hours per week.

Section 12.2 Shift Change Request.

An employee may, by written request, exercise the privilege of selecting a shift, within his/her department. An employee may exercise this option provided that he/she has enough seniority to displace another employee and provided he/she is trained and qualified. An employee may request a shift change not more than one (1) time every twelve (12) months within his/her classification. This written request must be turned in fourteen (14) days prior to the effective date of October First, annually. If necessary, the junior employee will be reassigned to the vacancy.

Section 12.3 – Lunch Period All employees not assigned to a twenty four (24) hour department operation will receive a thirty (30) minute unpaid lunch period to be taken near the middle of the shift. All employees involved in Twenty four (24) hour operation will be allowed a thirty (30) minute “eat on the fly” paid lunch period. “Eat on the fly” only applies to employees who are performing plant operations.

Section 12.4 – It is agreed that all employees be entitled to two (2) rest periods of fifteen (15) minutes each: one in the first half and in the second half of the shift. Overtime shifts of two (2) hours but less than four (4) hours will include one ten (10) minute rest period. It is mutually agreed by both parties that rest periods will not be abused.

Section 12.5 – When daily or weekend overtime is required in departments, excluding the 16 and 24 hour plant operations, it will be offered on a voluntary basis, by seniority, in the following order:

(a) To the employee performing the job

(b) To departmental employees in the same classification by seniority

(c) To department employees based upon seniority when the work is required and who have the qualifications to perform the work

(d) The Union and the employees it represents agree that overtime requirements of the Employer must be met and that qualified employees must cover the work requirements of the Employer. In the event the Employer is not able to obtain sufficient qualified employees to volunteer for overtime, then the Employer will have the right to schedule employees to work overtime in inverse order of seniority in the department and classification where the overtime exists.

Temporary employees assigned to the department will be included.

(e) The master voluntary seniority overtime lists based on seniority and qualifications to perform the work.

Due to Safety Concerns for the workers, the general public and the possibility of property damage or loss, worker’s overtime may be restricted due to Hours of Service (HOS) restrictions such as but not limited to: Federal Railroad Administration Regulations (FRA), Department of Transportation (DOT), OSHA, and USACOE EM 385-1-1 manual, etc. Unless further restricted by the previous statement, no employee will be allowed to work or be on duty (to include commingled services) in excess of sixteen (16) hours in a twenty-four (24) hour period without the minimum of an eight (8) hour rest period.

Section 12.6 – Supervisors and appointed employees, will be the only authorized person(s) to assign the overtime requirements other than emergency situations. Union employees will not authorize overtime.

ARTICLE 13

REPORTING TIME

Section 13.1 – Except in cases of fire, flood, extreme weather conditions or similar circumstances beyond the Company’s control, when an employee so assigned reports for work on a regularly scheduled shift, without having been previously notified not to report, he/she shall be given at least eight (8) hours work, or if no such work is available, he/she shall be given eight (8) hours pay at his/her rate applicable to the hours he/she would otherwise have worked.

Section 13.2 – When an employee is called back to work after the expiration of his/her shift and after he/she has left the Company premises, he/she shall receive a minimum of three (3) hours work or three (3) hours pay at one and one-half (1½) times the regular hourly rate of pay.

Section 13.3 – An employee who is required to carry a “beeper “ to respond to after-hours emergencies will receive a premium of eight (8) dollars per day for each day he/she carries the beeper. Employees carrying a beeper understand that if they receive a call-in it is mandatory that they respond and report to the work site when they receive a call-in within 60 minutes of the call. Employee shall first physically report to the Hydro Electric plant to verify that they have reported for the call-in. After completion of the work, employee shall again physically report to the Hydro Electric plant to verify that work has been completed.

Employees not available or unable to carry a beeper for any reason must make prior arrangements through their supervisor to have an alternate employee standby with the beeper.

Section 13.4 – Employees responsible for maintaining the ‘Emergency On-Call’ book shall receive $1.00 per hour for hours worked.

Section 13.5 - When an employee is notified on Friday after the end of his/her work shift including the overtime portions thereof, or is notified on Saturday or Sunday to report for previously unscheduled work on either a Saturday or Sunday, he/she will be given the following guarantees:

(a) Employees so notified and reporting for Saturday work will be guaranteed a minimum of four (4) hours work or pay at the appropriate rate at one and one-half (1½) times the regular hourly rate of pay.

(b) so notified and reporting for either Sunday or holiday work shall be guaranteed a minimum of four (4) hours of work Employees or pay at the appropriate rate at one and one-half (1½) times the regular hourly rate of pay.

Section 13.6– Scheduled Overtime – When an employee reports for work on a regularly scheduled overtime assignment without having been previously notified not to report, he/she shall be paid as follows:

(a) Employees that report for work on Saturday will be given four (4) hours pay at one and one-half times (1½) their applicable rate of pay.

(b) Employees that report for work on Sunday shall be given four (4) hours pay at one and one-half (1½) times their applicable rate of pay.

ARTICLE 14

OVERTIME

Section 14.1 – Overtime pay at the rate one and one half times the regular straight time hourly rate shall be paid for work performed:

(a) In excess of eight (8) hours of work in any workday or in excess of forty (40) hours in any workweek. All hours continuously worked shall be deemed part of the same workday that commenced with the first hour worked, regardless if the work extends into the next calendar day.

(b) Holidays, Vacation time, Personal time or any authorized paid leave status time will be considered working hours in computing daily and/or weekly overtime.

(c) There shall be no pyramiding of overtime pay and/or other premium pay.

Section 14.2 – Scheduled departmental overtime requirements are to be posted in advance when known or as soon as practicable.

Section 14.3 – In cases where overtime is assigned to the wrong employee, the Company shall, after determining such a violation has, in fact, occurred, make whole the person(s) who should have appropriately been assigned the overtime.

The remedy of make whole shall be by paying the employee violated the hours worked by the other employee at time and half. If an employee is aware of an inappropriate assignment prior to the actual time being worked and does not attempt to notify the supervisor of the pending infraction, he/she will waive their rights to be made whole.

Section 14.4 – An employee who is scheduled for or called in and performs work before his normal starting time may not be sent home early to offset the payment of overtime. An employee who requests to leave on his own accord will be paid premium pay only for those hours worked in excess of eight (8).

Section 14.5 – In the event the Rock Island Arsenal is closed due to snow conditions, employees who remain and work on snow removal will be compensated at a rate of time and one half for all hours worked subsequent to the shift cancellation.

Section 14.6 – Snow Removal Emergency Definition. During the normal work shift of 7:00 am to 3:30 pm snow removal will only be deemed an emergency, and paid as such, when the company determines that employees outside the Roads and Grounds department are required to assist in snow removal efforts.

Non-Roads and Grounds employees that are called in for snow removal shall not be obligated to use sick or vacation leave to finish out its Monday – Friday regular shift.

Section 14.7 – Roads and Grounds employees who are called in or scheduled outside of 7 am to 3:30 pm Monday through Friday for snow removal will be paid time and one half for all hours worked that day. If an employee fails to respond to a snow or ice event call-in, he/she is ineligible to claim rights under Section 14.6.

ARTICLE 15

HOLIDAYS

Section 15.1 – The following scheduled holidays shall be designated as follows:

New Year’s Day M.L. King’s Birthday Presidents’ Day Good Friday (see note) Easter Sunday * Memorial Day Independence Day

Labor Day Columbus Day Veteran’s Day Thanksgiving Day Day Before Christmas Christmas Day

When an approved holiday falls on Saturday, the proceeding Friday shall be recognized as the holiday. When an approved holiday falls on Sunday, the following Monday shall be recognized as the holiday. This applies to all employees regardless of shift or work status.

This holiday is offered in twenty-four (24) hour operations departments to employees who physically work on Easter Sunday in an operating capacity.

NOTE: At the discretion of the employee and upon approval of the Company, the employee may choose either Good Friday or the day after Thanksgiving as a scheduled holiday.

Section 15.2 – Any employee who does not work on one of the holidays specified shall be paid at his/her ordinary wage rate plus shift differential for such holiday.

Section 15.3 –Employees who are required to work on a scheduled holiday will be paid overtime, defined as time and one-half (1 ½) the base straight time rate for the time worked, plus any shift differential, and in addition, shall be paid eight

(8) hours holiday pay.

Section 15.4–Eligibility

(a) To be eligible for holiday pay, the employee must have worked in the workweek in which the holiday occurs, unless the absence is an authorized paid absence. If an employee commences employment with the Company in the workweek a holiday occurs, but after the actual date of the holiday, he/she will not be paid for the holiday.

Section 15.5 – If a paid holiday is observed, other than the standard holidays currently observed, which results from Federal Statute, Executive Order or the President’s proclamation, then the employees covered by this agreement shall be compensated for this holiday as holiday pay, at his or her regular rate of pay.

ARTICLE 16

VACATIONS

Section 16.1 –Employees who are on the active payroll shall receive vacations and vacation pay as follows:

After one (1) year of employment ---- ten (10) days After five (5) years of employment ---- fifteen (15) days After fifteen (15) years of employment ---- twenty (20) days After twenty (20) years of employment ---- twenty-five (25) days

For purposes of the Article:

(a) “Vacation Pay” for pay purposes shall be computed to include shift premium.

(b) “Vacation Year” shall mean a period of 12 consecutive months commencing on the employee’s anniversary date.

(c) Employees shall not be called in to work for any reason when on scheduled vacation.

(d) An employee, upon the giving of a reasonable notice of not less than two weeks to the payroll department, shall be given vacation pay before starting his/her vacation. Advance vacation pay shall be given in not less than whole week increments.

(e) Employees will be paid for all unused vacation within fourteen (14) days of their anniversary date. However, employees entitled to ten (10) days of vacation may elect to carry over up to five (5) days (40 hours). Employees entitled to fifteen (15) days or more of vacation may elect to carry over up to ten (10) days (80 hours). Employees must submit written request, to the Payroll Department, thirty (30) days prior to their anniversary date, to specify number of days to carry over.

(f) Vacation time will be taken in periods of not less than one (1) working hours.

(g) Vacation time off is to be requested by the employee no less than twenty-four (24) hours prior to the requested time off and is subject to the supervisor’s written approval prior to taking the requested time off and is subject to workload requirements. Employees’ request for vacation must be given to their supervisor during the supervisor’s regular work shift. If an employee has requested vacation leave in accordance with these provisions and it is approved, the employee is required to take the vacation leave unless the cancellation is authorized by the general manager or his authorized representative.

Section 16.2 – Employees who return from military leave of absence during the vacation year shall receive such vacation credit as is required by law.

Section 16.3 – Employees released to the Armed Forces and on military leave of absence other than those serving an annual training period, shall receive such vacation pay at the time such leave of absence begins.

Section 16.4 –– Successor Clause Subject to work load requirements and management approval, employees may request Leave Without Pay (LWOP), not to exceed the number of hours they were paid at the end of the preceding contract, for unused vacation.

ARTICLE 17

SICK/PERSONAL LEAVE

Section 17.1 – Upon successful completion of the probationary period, employees will receive sick/personal leave at the rate of one (1) hour per week of continuous service. Maximum sick/personal leave will be fifty-two (52) hours per anniversary. Unused sick/personal leave will be paid to the employee after each anniversary year. Upon termination, employees will be paid for any unused sick/personal leave.

Section 17.2 – Sick leave allowance shall be paid at the employee’s base rate plus shift differential and shall not exceed the number of hours in his regularly scheduled day up to a maximum of eight (8) hours.

Section 17.3 --All requests for absences during the regular workweek, Monday through Friday, will be made to the RIIS main office prior to the start of the shift.

All information shall be relayed to the Administrative Secretary. If the office is closed, a message will be left on the answering machine for which RIIS will publish a number. The information will be passed on to the appropriate supervisor. All requests for absences on Saturday or Sunday must be made to the employee’s supervisor, prior to the start of the shift.

All operational personnel assigned to a twenty-four (24) hour operation shall make their request directly to the appropriate supervisor or follow the procedure in-place for their appropriate area.

Section 17.4 – The unused portion of sick leave may be paid to each employee at their anniversary date or each employee may elect to carry over up to five (5) days (40 hours). The maximum sick leave balance for any employee is eighty

(80) hours. Employees must submit written request, to the Payroll Department, thirty (30) days prior to their anniversary date to specify number of days to carry over.

Section 17.5 – Family and Medical Leave The Union and the Company will comply with the provisions of the Family and Medical Leave Act. Company policy and procedures will be followed to comply with the provisions of the Family and Medical Leave Act.

Section 17.6 – The Company shall pay unused sick leave upon termination or layoff of employees.

Section 17.7 – Successor Clause Subject to workload requirements and management approval, employees may request Leave Without Pay (LWOP), not to exceed the number of hours they were paid at the end of the preceding contract for unused sick/personal time.

Section 17.8 – Leave Without Pay Requests. All leave without pay (LWOP) shall be requested and must be approved by the Operations and Maintenance Superintendent or General Manager prior to any LWOP being taken. An employee taking unauthorized/unapproved LWOP shall be subject to the disciplinary procedure outlined in Article 26.

ARTICLE 18

LEAVE OF ABSENCE

Section 18.1 – Leave of Absence from the Employer’s service shall not be granted for a period longer than thirty (30) days, except that by agreement between the Employer and the employee the thirty (30) day limit may be extended.

Section 18.2 - Requests for Leave of Absence (LOA)is at the sole discretion and option of the Operations Manager or General Manager, or both, as applicable, based on the Company’s operational needs, obligations, and commitments under its contract(s) with the United States government.

ARTICLE 19

ALCOHOL AND DRUG ABUSE PROGRAM

The Employer and the Union recognize that a successful approach to the problem attendant to alcohol or drug use requires an interaction of education, counseling, and discipline. A compassionate and consistent approach is an integral component of this program outlined in the employee handbook and the Company Drug and Alcohol Policy. The basis for testing employees will be in accordance with applicable law, including but not limited to the Drug-Free Workplace Act and Department of Transportation rules and regulations.

ARTICLE 20

FUNERAL LEAVE

Section 20.1 – In the event of a death in an employee’s immediate family, namely, spouse, children, grandchildren, brothers, sisters, parents, step parents, grandparents, and parent-in-law, an employee shall be paid in full for time lost from work not to exceed three (3) days if the funeral is within 100 miles of the local Quad City area. Employees will receive four (4) days if the funeral is held 100 miles or more outside the Quad City area. In the event of the death of the brother or sister of the employee’s spouse or spouse of the employee’s brother or sister, an employee shall be paid for time lost from work not to exceed two (2) days.

Section 20.2 – Payment of bereavement pay is based on providing the Company with a verification of death, relationship to the employee and proof of funeral service attendance.

ARTICLE 21

JURY DUTY PAY

An employee summoned for jury duty or subpoenaed to serve as a witness (not as a plaintiff or defendant) will be excused from work upon presentation of the court notice to his/her immediate supervisor. When the employee who has been excused returns to work, he/she will be paid the difference between his normal straight-time earnings and the fees received from the court for the dates served.

Only the number of days actually spent in court is counted in calculating payment not to exceed fifteen (15) working days. If an employee is not required to attend the court beyond 11:00 am, he/she will be expected to report for work as soon as he/she is dismissed if he/she is assigned to either the afternoon or night shift. If an employee assigned to any shift is required to attend the court beyond 11:00 am, he/she will not be required to report to work, and will be paid the difference in pay between his/her normal straight-time earnings and the fees received from court. A second or third shift employee on jury duty, must contact the Company if he/she is required to be present at court beyond 11:00 am.

ARTICLE 22

MILITARY CLAUSE

Section 22 — Military Leave. The Company will comply with the provisions of the Veterans’ Re-employment Rights Act.

ARTICLE 23

RETIREMENT AND SAVINGS PLAN

The Company shall make available to all eligible employees a Service Contract Act (SCA) Savings and Retirement Plan. The Company will contribute $1.00 per productive hour worked under the SCA. In addition, employees may contribute up to fifteen (15) percent of their base SCA wages on a pre-tax basis and up to ten (10) percent on an after-tax basis.

ARTICLE 24

ADJUSTMENT OF GRIEVANCES

Section 24.1 – Any difference as to the interpretation of this Agreement in its application to a particular situation or as to whether is has been observed or performed, shall be a “grievance” under this Agreement, the procedures provided herein shall be the exclusive remedies available to the Company, the Union and to the employees, for the adjustment of such grievances

Section 24.2 – All grievances beyond Step 1 involving employee claims, shall be in writing and shall be signed by all employees claiming rights there under.

Section 24.3 – In an effort to adjust employee grievances by mutual agreement, they shall be presented in the following order and within the following time limits:

Step 1: The employee (with the Chief Steward) shall promptly bring the grievance to the supervisor within five (5) working days after the event-giving rise to the grievance. The Chief Steward will make a memorandum of the Step 1 meeting. The Operations Manager or the General Manager will respond with the Company’s disposition and if denied, the reason for denial within two (2) working days. If such grievance is not settled within two (2) working days following the Step 1 disposition, then

Step 2: The employee or the appropriate Union representative will reduce the grievance to writing, and both the employee and the appropriate Union representative will sign it. The written grievance must set forth a statement of the grievance and the Article or Section of the Agreement, which is claimed to be violated and presented to the Operations Manager or General Manager within ten (10) working days of the Step 1 meeting. A meeting will be scheduled within five (5) subsequent working days of the date the grievance was presented to the Operations Manger or the General Manager. If no agreement has been reached within five (5) working days after the Step 2 meeting, the parties shall agree to contact the FMCS for a Mediator and then it shall be moved to the final step.

FINAL: The grievance shall be taken up with the Mediator/Business Agent, Steward, and the General Manager or his/her delegate and a meeting held within ten (10) working days of the Step 2 meeting. If no agreement has been reached within ten (10) working days of the Final Step meeting, the Union may submit the grievance or dispute to arbitration in the manner provided herein. Witnesses called by either party may attend the grievance meeting at any step.

PRECEDENTS: A final decision made with respect to any grievances in the first or second step shall apply to that grievance only and shall not become a binding precedent in the case of other grievances or a precedent, which shall bind the parties as an interpretation of the Agreement. All settlements must be consistent with the terms and conditions of this Agreement. A monetary award made at any level of the grievance procedure will be paid to the grievant within fourteen (14) days after receipt of the decision.

Section 24.4 – No compensation will be paid in excess of the normal work schedule for time spent discussing or investigating grievances or other Union matters unless specifically authorized by the Operations Manager or the General Manager.

Section 24.5 – The Local Union or its authorized representative shall have the right to examine time sheets and other records pertaining to the computation of compensation of any individual or individuals whose pay is in dispute or records pertaining to a specific grievance.

ARTICLE 25

ARBITRATION PROCEDURE

Section 25.1 – The party choosing to arbitrate shall give written notice to the other party setting forth the matter to be arbitrated. If said notice is not served within the ten (10) day period specified in the grievance procedure, it shall be deemed that the grievance has been satisfactorily adjusted and the right to arbitrate waived.

Section 25.2 – In the event the Union or the Company submits a grievance to arbitration, the parties will petition the Federal Mediation and Conciliation Services for a panel of seven (7) arbitrators. A representative selected by the Union shall meet with a representative selected by the Company within five (5) days or receipt of the above notice and attempt to agree on an arbitrator.

Section 25.3 – The arbitrator shall not have the power to add to or in any way modify, alter or expand any of the terms of this Agreement, or any Agreement supplemental hereto, and the decision of the arbitrator shall be based upon the provision of this Agreement.

Section 25.4 – The impartial arbitrator shall render an award with thirty (30) days after the close of the hearing, and the parties agree to comply with any award rendered under the terms of this Agreement within fourteen (14) working days after such award is rendered.

Section 25.5 – Each party shall bear its own expense with respect to the preparation and the presentation of the matter to the impartial arbitrator, and both parties shall bear equally the expense of the arbitration proper, including the fee, if any, of the arbitrator.

Section 25.6 – Each party shall have the right to reject one panel from the FMCS per case, if both parties each reject a panel they will be bound by selecting an arbitrator from the third panel.

Section 25.7 – An employee is responsible for any adverse tax consequences that arise from income received because of payment or re-instatement as directed by an arbitrator’s decision.

ARTICLE 26

DISCIPLINARY ACTION

Section 26.1 – Disciplinary action will be for just cause and shall be sequenced as follows (except for Attendance Rule violations, which shall follow their own progressive discipline sequence as shown in the Company Attendance Policy):

(a) Verbal warning – documented and signed by the employer within (5) five working days, employee and Union steward and sent to the Union Steward, employee and Personnel Office.

(b) Written warning – signed by the employee and union steward within (5) five working days and placed in the employee’s personnel file. The employee’s signature does not acknowledge accuracy of the warning, but simply that it has been received.

(c) Second written warning – signed by the employee and union steward within (5) five working days and placed in the employee’s personnel file.

The employee’s signature does not acknowledge accuracy of the warning, but simply that it has been received.

(d) Suspension – up to three (3) working days without pay to be scheduled within seven (7) days by the department supervisor. Suspensions may be given even if verbal and written warnings have never been given previously

(e) Termination – normally will take place only after an employee has been previously suspended for an action. However, immediate termination may result from commission of acts such as, but not limited to, the following:

Dishonesty; forgery; falsification of time sheets and employment applications; intoxication during working hours; any violations of the Company’s Substance Abuse Program; fighting while on the Company's premises or while performing work or duties for the Company; not reporting to work for three (3) consecutive workdays; unauthorized possession of firearms or explosives within Company work areas or facilities or on Company jobs or assignments; theft; engaging in acts of sabotage; sleeping on the job during working hours other than unpaid lunches; willfully refusing a Company directive; defacing, altering, or writing over (without authority) or any unauthorized removal of any general notices or bulletins; posting unofficial notices or bulletins that are vulgar, profane, or offensive.

(f) Discipline Retention – Warning Notices, verbal or written, and suspensions shall remain in effect for a one (1) year period from date of issuance.

Section 26.2 – The Employer shall not discharge or suspend any employee without just cause. In all cases involving the discharge or suspension of an employee, the Company must, within five (5) days, notify the employee in writing of his discharge or suspension and the reason therefore. Such written notice shall also be given to the Chief Steward.

Section 26.3 – An employee upon discharge or resignation, must be paid in full for all wages owed him by the Employer including earned vacation pay, if any, within the next pay period from the date of discharge or resignation, provided all Company property (uniforms, keys, badge, etc.) has been returned to the Company.

Section 26.4 – A discharged or suspended employee must advise his Local Union in writing, within three (3) working days after receiving notification of such action against him or her, of his desire to appeal the discharge or suspension.

Notice of appeal from discharge or suspension, must be made to the Employer in writing within ten (10) days from the date of discharge or suspension.

ARTICLE 26 A

Attendance Policy

The Company has established the following policy in order that the employees understand what is expected regarding their attendance at work. Repeated, unapproved absences will not be permitted, as it creates undue hardship to the customer, the Company and fellow employees. An employee’s attendance performance shall be monitored based on the number of occurrences of lateness or absenteeism within a twelve (12) month period of time from the date of occurrence. Absences shall be characterized as either chargeable or non-chargeable, as defined below:

Chargeable

1. Unexcused reporting late for work

2. Leaving work early without authorization

3. No call, no show.

4. Taking LWOP due to illness/injury without a doctor’s excuse.

5. Unauthorized absence from work.

6. Failure to report an absence prior to start of work shift.

Note: An entire shift need not be lost for an occurrence to be charged. A continued absence for the same illness/injury shall be counted as one (1) occurrence provided the employee provides daily notice (or other notice acceptable to the Company) of the continuing absence.

Non-Chargeable

1 Any paid time off.

2 Approved Vacations.

3 Approved leaves of absence or approved LWOP.

4 Disciplinary action Suspension.

5 Absence concerning worker’s compensation.

6 Subpoena with proper notification.

7 FMLA.

8 Authorized absence from work.

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