Collective Bargaining Agreement -- RIA -- 2020-2024 -- FINAL.pdf

GAN NA A'YOO SERVICES CORPORATION

{GSC)

AND

TEAMSTERS LOCAL UNION NO. 371

EFFECTIVE APRIL 1, 2020

THROUGH MARCH 31, 2024

ARTICLE 1

ARTICLE 2

ARTICLE 3

ARTICLE 4

ARTICLE 5

ARTICLE 6

ARTICLE 7

ARTICLE 8

ARTICLE 9

ARTICLE 10

ARTICLE 11

ARTICLE 12

ARTICLE 13

ARTICLE 14

ARTICLE 15

ARTICLE 16

ARTICLE 17

ARTICLE 18

ARTICLE 19

ARTICLE 20

ARTICLE 21

ARTICLE 22

ARTICLE 23

ARTICLE 24

ARTICLE 25

APPENDIX A

APPENDIX B

TABLE OFCONTENTS

PREAMBLE

PURPOSE

RECOGNITION

MANAGEMENT RIGHTS

NONDISCRIMINATION

SUBCONTRACTING

DISCIPLINE

GRIEVANCE PROCEDURE

UNION SECURITY

SENIORITY

UNION REPRESENTATION

BULLETIN BOARD

TEMPORARY TRANSFER

VACATIONS

HOLIDAYS

WORKDAY AND WORKWEEK AND SHIFT BIDDING

OVERTIME AND SHIFT PREMIUMS

MINIMUM WORK SCHEDULE/EMERGENCY CALL-IN

LEAVE OF ABSENCE POLICIES

NO STRIKE OR LOCK OUT

ALCOHOL AND DRUG ABUSE PROGRAM

SUPERVISORY PERSONNEL

WAGES AND BENEFITS

UNIFORMS

SCOPE OF AGREEMENT

SUCESSOR AND ASSIGNS

DURATION OF AGREEMENT

GUIDELINE FOR DISCIPLINARY ACTION

POINT REDUCTION

5-8 8-10 10-11 12-14 14-15 15-16 16-17 17-18 18-19 20-21 21-22 22-25 25-26 26-27 28-32

PREAMBLE

The parties to this Agreement are GANA-A' YOO SERVICES CORPORATION, solely with respect to the Rock Island Arsenal Installation Support Services contracted operation, hereinafter referred to as the "Employer," and TEAMSTERS LOCAL UNION NO. 371, Affiliated with the International Brotherhood of Teamsters, hereinafter referred to as the "Union."

PURPOSE

Section 1

The general purpose of this Agreement is to set forth the rates of pay, conditions of employment, and conduct to be observed by the Company, the Union and the employees.

It is further the purpose of this Agreement to prevent any interruptions or slowdowns of work and to promote the most efficient, orderly and economic operation of the business, and to provide procedures for prompt, equitable adjustments of alleged grievances.

This Agreement sets forth the basic understanding and agreement of the parties and may not be modified in any respect except by writing subscribed to by the parties. The Union acknowledges that it has had the opportunity to bargain with respect to matters that are subject to bargaining between the Company and the Union as provided in the National

Labor Relations Act, as amended. The waiver of any breach or term or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of the terms and conditions contained herein

The parties acknowledge that during negotiations which resulted in this collective bargaining agreement, (the "Agreement"), each had the unlimited right and opportunity to make demands and proposals with respect to all lawful subjects or matters of collective bargaining and that the Agreement sets out the parties' complete agreement on all subjects on which the parties bargained or could have bargained. For the duration of the

Agreement, neither party shall be required to bargain about any other subject or matter.

All subjects or matters not included in the Agreement shall be deemed to have been raised and bargained as if covered by the Agreement. All subjects or matters referred to in [MANAGEMENT RIGHTS CLAUSE] also shall be deemed raised and bargained to conclusion.

Section 2

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 operation of the Employer's business. The successful, efficient and economical operation of the Company's business is hereby declared to be of vital and mutual interest, and the parties desire to preserve, promote and improve business and economic relationships, safety, and economy, and to improve the quality of the work performed.

ARTICLE 1- RECOGNITION

Section 1 - Recognition of Union

The Employer recognizes the Union as the exclusive representative of employees as defined in Section 2 of this Article.

Section 2 - Definition of Employees

Whenever used in this Agreement, the term "employee" shall mean all full-time and regular part-time custodial and recycling employees employed by the Employer at the Rock Island Arsenal facility located at Rock Island, Illinois, in the following classifications:

Ail full-time (8 hours per day) and regular part-time (less than 8 hours per day) custodial and recycling employees, but excluding all other employees, including supervisors, clerical and professional employees, and guards, as defined in the National Labor Relations Act.

Section 3 - Definition of Probationary Employee

An employee hired after the ratification of this Agreement, who has never accrued seniority under this Agreement, or an employee rehired after termination of his seniority, will be in probationary status until the completion of ninety (90) calendar days. For the duration of the probationary period the employee will be compensated at a base hourly wage equivalent to 80% of the agreed upon wages specified in Article 21 of this agreement, until they have successfully completed the probation period.

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

ARTICLE 2 - MANAGEMENT RIGHTS

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 Employer, including but not limited to, the rights in accordance with its exclusive judgment and discretion: to reprimand, suspend, discharge, or otherwise discipline employees; to determine the number of employees to be employed; to hire, promote, transfer, layoff, and recall employees to work; to maintain the efficiency of operations, 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 or service; to introduce new or improved technology, research, production and janitorial methods and equipment;

to make and enforce reasonable rules and regulations for the purpose of maintaining efficiency; and practices which do not conflict with the terms of this Agreement. The Employer shall give the Union a copy of all authorized rules and regulations.

Rock Island Arsenal Colleclive Bargaining Agreement Gana-A'Yoo Services Corporation and Teamsters Local 371

ARTICLE 3 - NONDISCRIMINATION

Both the Company and the Union agree that neither party will discriminate or harass against any employee or prospective employee, or member or prospective member, because of race, color, creed, religion, national origin, age, sex, veteran's status, disability, Union activity or other legally protected status, or for exercising the employee's rights under fair employment practices or labor laws. The Union also recognizes the company's affirmative action programs and obligations and the fact that meeting such obligations, as a federal contractor, must take priority over other relevant provisions of this Agreement.

ARTICLE 4 - SUBCONTRACTING

The Employer can, at its discretion subcontract work normally performed by members of the bargaining group, due to unforeseen emergencies, volume, or nature of the work that requires outside help.

ARTICLE 5 - DISCIPLINE

Section 1-Disciplinary & Immediate Discharge Offenses

The goal of the discipline clause is to ensure that all facts are heard and that the discipline is not arbitrary or unfair. Disciplinary actions taken by the Employer which result in an employee being suspended or discharged from work will be subject to Article 6, if a timely grievance is filed in accordance with Article 6.

The Company does not discipline or discharge any employee without just cause. The Company will, except in the case of conduct where there is just cause for immediate discharge, impose progressive discipline prior to discharge for failure to perform, misconduct, or a problem of any kind or combination thereof.

Disciplinary Action Prog!ession G_u_i_d_el_in_e ___ ~----~-·--------- 1 Occurrence~erba,l_\/1.18:rnin_g __ _ 2 Occurrences Written Warnin ~--------------------/ i--~-Occurrences 1 1 Da_y Unpaid Su~s=p_e_ns_i_o~n ____ _

: 4 Occurrences 1 3 Days Unpaid Suspension I ! ~~~~~~=~~=:------ -I ~~;~=r~;paidsuspension ------:_ __________ _

Rock Island Arsenal Colleclive Bargaining Agreement

The company, as part of its management rights, has the right to discipline, suspend, or discharge for cause, and for purposes of clarity it is stipulated that cause for immediate discharge includes, but is not limited to, the following, as well as those referenced in Appendix A:

• Intentionally punching another Employee's timecard or having one's own timecard punched by another employee;

• Willful or negligent endangering of the safety of others;

• Failure to report immediately to the employee's supervisor any known work-related accidents or personal injury. May be reported by phone, by leaving a voice message on the answering machine or on the company voicemail;

• Refusal to submit to drug or alcohol testing as provided in the Company's Drug and Alcohol Testing Policy;

• Falsifying any employment record, time record or other Company record or document;

• Possession of firearms or explosives on Company or government property;

• Failure to provide valid documentation to be legally employed in the United States and subject to E-Verify.

• Where the Company is directed in writing by an authorized government representative to remove the Employee from working under the Company's contract with the government, and any such actions by the Company do not constitute a grievable offense under the terms of this Agreement.

• Falsifying, duplicating, concealing, removing, mutilating, damaging or destroying official documents or records, or concealing important facts by intentionally omitting them from official documents except for the systematic purging of files or records at the direction of the Company;

• Accepting bribes, enabling a person to steal property, permitting unauthorized access to classified material;

• Intentionally refusing to perform assigned work so long as the work assigned is not immoral or unsafe and is within the scope of the position;

• Intentional damage to or destruction of government or Company property or of any other employee's property; Employees are not to be held responsible for equipment failures under normal wear and tear;

• Insubordination, provided the employee was given a warning

• Continued use of abusive language toward other employees or Company officials, after verbal warning/reminder;

Rock Island Arsenal Collective Bargaining Agreement

• Intentional discourtesy to the public under circumstances that adversely affects the Company's relationship with the government;

• Careless operation of company vehicles- Employees are responsible for paying all traffic or parking violations incurred while operating company vehicles,

• Failure to obtain and maintain required security clearances for island access, pending resolution within 60 days or verification in progress.

Section 2 -Discharge or Suspension Without Cause

Discharge or unpaid suspension will not be taken by the Employer on any non probationary employee without just cause. Except for serious infractions, the Employer will give the employee at least two (2) written warning notices before any unpaid suspension, depending on the severity of the violation, The unpaid suspension will not be less than one (1) day and not more than five (5) days without pay, except for serious infractions requiring immediate discharge, the Employer shall give at least two (2) written warnings notices and three (3) unpaid suspension before discharge, A written warning notice will remain in effect no longer than twelve (12) months from the date of issue.

A no call no show for three (3) entire work shifts is a voluntary quit.

Section 3 - Write-Ups

A write up will be given to an employee with a union steward or designee present if desired by the employee and if a union steward is available, after an investigative period not to last more than five (5) business days or no later than the end of the employees shift on working time the day after the occurrence was known or should have been known.

A union steward or designee's absence or unavailability shall not preclude the Employer from giving and employee a write up. All write-ups whether verbal or written will be faxed to the union no later than the close of business the following day, after the employee receives the warning. (Weekends and Holidays not included). Employees are not responsible for equipment failure under normal wear and tear, Section 4 - Unscheduled or Unapproved/Absenteeism/Tardy Policies

The following disciplinary procedure for absenteeism/tardy is as follows "unscheduled or unapproved" absences or tardy arrivals are those absences or tardy arrivals for which the employee has not previously notified the Employer by calling in as required by this agreement or Employer's policy, Within a 9-month period (a 9-month rolling history).

Punctual and regular attendance is an essential responsibility of each employee at Rock Island Arsenal. Employees are expected to report to work as scheduled, on time, and prepared lo start working, which includes wearing their work uniform. Employees also are expected to remain at worl< for their entire work schedule, unless an early departure is

Roel< Island Arsenal Collecllve Bargaining Agreement Gana•A'Yoo Services Corporation and Teamsters Local 371 approved by a supervisor or manager. Late arrivals, unapproved early departures, and unauthorized absences from scheduled hours are disruptive and must be avoided.

When an employee is going to be' late for work, he or she must personally notify his or her supervisor by no later than the start of his or her scheduled shift. In exceptional cases (e.g., when the employee is physically or otherwise uno1ble to personally notify his or her supervisor), someone else may provide the notice on behalf of \he employee, In all cases, the notice is expected to include an explanation of the reason for the absence or tardiness, and a statement as to when the employee expects to arrive at or return to work.

These notice requirements apply to each day of absence or tardiness, including consecutive days. Employees who must leave work before the end of their scheduled shift must notify a supervisor or manager immediately .

1 Occurrence Verbal Warnina

2 Occurrences Written Warnino -'4 ➔.~

3 Occurrences 1 Dav Unoaid Susoenslon

4 Occurrences 3 Dav Unoald Susoension

5 Occurrences 6 Dav Uni:iaid Suspension

6 Occurrences Discharae

Occurrences are defined as· Each Dav Missed 1 Occurrence

Each Dav Missed, 3 and Over 2 Occurrences

No Call/No Show or Call Off After Start of Shift 1-2 2 Occurrences

' No Call/No Show or Call Off After Start of Shift 3 and Over 3 Occurrences

Call Out after being denied PTO* 2 Occurrences

Leaving Earlv 1 Occurrence

ArrivinaJate First and Second D_~yJrnorf,j:]1a_n 15 mins\ 1 Occurrence

Arriving Late Third and Over (more than 15 mins\ 2 Occurrences

* Excluding verifiable emergency situations.

Section 5 -Call In Policy -

In the event an employee cannot appear for work, or will be tardy to work, the employee must call and speak with a front-line supervisor or manager by telephone and report the absence or tardiness at least one (1) hour prior for Day Shift employees and two (2) hours prior for Night Shift employees, In the event an employee cannot reach a front-line supervisor or manager by telephone, ieaving a detailed voicernail message is an acceptable method of calling in.

Leaving an email or text message or asking another employee to report on the absent or tardy employee's behalf is not acceptable and does not comply with the policy.

Roel< Island Arsenal Co!iectlve Bargaining Agreement Gana-A:Yoo Services Corporation and Teamsters Local 371

Note: Absences will be excused by a supervisor or manager only (a) if the employee has properly called in sick beforehand in accordance with this collective bargaining agreement and Employer's policy, and (b) employee provides a valid doctor's note. If employee has unused vacation days available (that have not been committed for vacation bid) they can be used for absences with a valid doctor's note provided.

Section 6 -Tardy

Tardy of two (2) hours or less may be made up in the same day with prior permission of the supervisor or manager and zero occurrences given.

Section 7- Valid Doctor's Note

A valid doctor's note is defined as a note from a medical professional directing that the employee does not return to work. At minimum, a valid doctor's note must contain:

1. Employee name

2. Date

3. General reason for visit (in compliance with the ADA, FMLA, and HIPPA regulations)/ fit for duty assessment

4. Doctor's suggested/directed date of return to work

5. Any work restrictions related to the employee's health

6. Doctor's signature and contact information

7. Valid doctor's note must be on the treating location letter head

If an employee is tardy because of the barge traffic or gate closure(s) they will be afforded additional time to sign in to work up to 30 minutes without being written up, provided the employee calls in from car or can show verification that the gate or barge prevented them from arriving on time. The employee will be allowed to make up time at the end of the normal shift.

Section 8-Light Duty/Return to Work

The Employer may establish a light duty modified work program designed to provide temporary opportunity to those employees who are unable to perform their normal work assignments due to a disabling on-the-job injury.

When a light duty/modified work assignment is made the employee will be provided the same hours and days he/she worked prior to becoming injured, and the nature of the work to be performed in writing.

All Light duty/modified work assignments must be made in strict compliance with the physical restrictions as outlined by the attending physician. Or workers Comp accompanied physician. STD (short-term disability potentially eliminates need for light duty)

All light duty/modified work employees who work a six (6) or eight (8) hour route must be Rock Island Arsenal Collective Bargaining Agreement released for six (6) or eight (8) hours per day, five (5) days per week.

The employee will receive his/her regular rate of pay and benefits while performing the light duty/modified work.

Duration of light duty work offered will be based on the availability of the work as determined by the Employer and will not exceed a maximum of 80 hours.

ARTICLE 6 - GRIEVANCE PROCEDURE

Section 1-Definition of a Grievance A grievance is defined as any dispute between the Union and the Employer, or the Employee and the Employer, or the Union and the Employee and the Employer, concerning wages and other terms and conditions of employment, or a dispute over application or interpretation of this Agreement.

The grievance procedure outlined herein does not apply to any situation where the Company is acting under the written directives of the government. The Company shall send a copy of directive from Government to the Union

Any grievance not presented and carried foiward within the time limits prescribed herein shall be deemed waived unless such time limits are extended in writing by mutual consent of the Company and the Union.

A grievance must fit the definition above to be considered. If an incident is not in direct violation of express provision of this agreement, the grievance will not be considered valid and will not be subject to the grievance process.

Section 2 - Informal Resolution

Any employee or Union representative covered by this Agreement who believes that they have a grievance must first contact a supervisor and present it orally to the supervisor for adjustment. Employees are welcome to have a union representative in attendance. No grievance will be considered unless presented to the supervisor as soon as possible but in no event later than seven (7) business days from the occurrence on which the grievance is based, or from the time that the employee reasonably should have been on notice of the occurrence. No grievance will be recognized by the Company until such presentation has been timely made. If the grievance is not satisfactorily resolved within two (2) business days from presentation, the employee may proceed no later than five (5) business days after the informal resolution process has concluded in the manner set out below.

Section 3 - Grievance Procedure Steps

STEP 1 - The Union representative, employee or employee and Union representative must produce the employee's grievance in writing and present it to the Company within

Rock Island Arsenal Collective Bargaining Agreement five (5) business days after the presentation described in Section 2. If the written grievance requests a meeting with the Company, the Project Manager and/or Company representative will meet with a union representative to discuss the grievance and, whether a meeting is requested or not, will render decision in writing, within five (5) business days from the day that the grievance was received in writing. If a grievance was brought within ten (10) business days, the Union Representative of the International Union, or his designee, has full authority to determine whether, or not, the Union wishes to process the grievance into Step Two.

STEP 2 - The Union Representative, employee or employee and Union representative, or his designee may file a written appeal. The Personnel Manager or designee shall, within five (5) business days after receipt of a written appeal, meet with the Union's Business Agent and employee. The Personnel Manager or designee shall give a written response to the appeal within ten (10) business days after such meeting. If the Union is not satisfied with the resolution of the grievance at Step 2, then it must serve the employer with written notice of intent to advance the grievance to Step 3 below no later than ten

(10) business days after the conclusion of Step 2. Failure to provide written notice of the Union's intent to advance the gdevance within such ten (10) day period will constitute a waiver of the Union's right to advance the grievance to Step 3 and the written response at Step 2 shall be final and binding.

STEP 3 - Grievance Mediation and Arbitration

If the Employer and the Union agree that the grievance is suitable for resolution through mediation, the Employer and the Union shall submit to Federal Mediation and Conciliation Service (FMCS) a request for mediation. The grievance shall be taken up with the Mediator, Business Agent, Steward and the General Manager or his/her delegate and a meeting held on a mutually agreeable time and date within 30 business days, unless otherwise agreed upon, after the Union submitted timely notice of its intent to advance the grievance to Step 3 as provided above. If the grievance is not resolved through the mediation process, then the Union may submit the grievance to arbitration within ten (10) business days after conclusion of mediation by contacting FMCS in writing (with a copy to the Company) and requesting a panel of seven (7) arbitrators. Within ten (10) business days after receipt of the panel by the Employer and the Union, the Employer and the Union may select one (1) arbitrator by mutual agreement or, if unable to agree, shall make selection by alternate striking (the first will be determined by the flip of a coin) names from the list, until only one (1) name remains. The arbitrator whose name remains will hear the grievance and the process shall be conducted within the rules and regulations of FMCS.

If the Employer and the Union do not agree that the grievance is suitable for resolution through mediation within ten ( 10) business days of the Union's submission of its intent to advance the grievance to Step 3, then the Union may submit the grievance to arbitration within ten (10) business days after expiration of the above-referenced ten (10)-day period, by contacting FMCS in writing (with a copy to the Company) and requesting a panel of

Rock Island Arsenal Collective Bargaining Agreement Page 9 of 32 seven (7) arbitrators. Within ten (10) business days after receipt of the panel by the Employer and the Union, the Employer and the Union may select one (1) arbitrator by mutual agreement or, if unable to agree, will make selection by alternate striking (the first will be determined by the flip of a coin) names from the list, until only one (1) name remains. The arbitrator whose name remains will hear the grievance and the process will be conducted within the rules and regulations of FMCS.

Failure to submit the grievance to arbitration within the timeframes set forth above results in a waiver of the Union's right to arbitrate and the Employer's written response at Step 2 will be final and binding.

Fees and Expenses of Arbitration - The fees and expenses of the arbitrator; and the costs of the hearing room, Will be shared by both parties. Otherwise each party will bear its own legal fees and arbitration expense. Transcript costs will be borne by the requesting party.

The jurisdiction and authority of the arbitrator and his opinion and award will be confined exclusively to the interpretation and application of the part of this Agreement which is at issue between the Union and the Employer. He does not have authority to add to, detract from, alter, amend, or modify any provision of this Agreement or to establish or alter any wage rate or wage structure. The written award setting forth the decision and reasoning of the arbitrator on the merits of any grievance will be sent to the Employer and the Union within thirty (30) days and shall be final and binding on the aggrieved employee, the Union and the Employer.

Stewards may receive and discuss grievances of employees during non-working time in areas that are not open to the public. Any participation in the presentation of grievances to the Company by a steward during work time will require the steward to secure the permission of his supervisor before punching out or leaving his working area.

Such permission will not be unreasonably withheld (considering the Company's work requirements), and stewards will confine the participation or presentation of grievances to times that will not be disruptive to the Company's operations or the performance of their duties. If attendance by the employee on whose behalf the grievance is presented is necessary, the employee shall follow the same procedure in securing permission to clock out and leave his work area, as set forth above.

All time in connection with the presentation of grievances will be while they are off the clock and will not be paid for by the Company. Any investigation of grievances by stewards will be conducted during the non-working time of the steward and any employees involved in the investigation.

ARTICLE 7 - UNION SECURITY

Section 1-Membership

All present employees who are members of the Union on the effective date of this Rock Island Arsenal Collective Bargaining Agreement

Agreement shall remain members of the Union in good standing as a condition of employment. All present employees who are not members of the Union and all employees who are hired after the effective date of this Agreement will become and remain members in good standing of the 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, whichever is later.

An employee who has failed to acquire, or thereafter maintain, membership in the Union as herein provided, shall be terminated five (5) working days after his Employer has received written notice from an authorized representative of the 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 also join the Union after one-month, 31 calendar days.

Section 2-Notification

The Employer 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 3-Deductlons

The Employer agrees to deduct from the pay of employees covered by this Agreement the initiation fees and dues of the Union uniformly required as a condition of membership, and agrees to remit to the Union all such deductions within ten (10) days following the end of the month in which the deduction is made. Written authorization for any payroll deduction must be provided by the employee in a form acceptable to the Employer. No deduction shall be made witbout the employee's written authorization, or where the deduction is otherwise prohibited by law.

Section 4-Check Off List

A check off list shall set forth the names of the employees on whose behalf a deduction was made, along with the amount deducted. The list shall also include the name of each employee for whom no deduction was made, along with the reason no deduction was made. A copy of said list shall be forwarded to the Union with the check for the dues payment.

Section 5-Applicable Laws

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

Rock Island Arsenal Collective Bargaining Agreement

Page 11 of32

ARTICLE 8- SENIORITY

Section 1 - General Provisions

The term "seniority" refers to the relative ranking of regular, recognized employees within the janitorial and recycling units in which they are employed, according to their most recent date of hire or date of transfer into the unit

A temporary employee who is offered a regular, full-time position will be in a probationary status until the completion of ninety (90) calendar days from the date of obtaining status as a recognized employee. Upon successful completion of the probationary period, seniority will accrue from the date the employee started as a recognized employee.

Recognized Employee- a recognized employee is an employee that has satisfied the probationary period as described above. A recognized employee who is accumulating seniority may be fulltime or on a sub.

The Company recognizes seniority as a consideration in employment decisions as a factor secondary to qualifications. Where employees are determined by the company to have substantially the same qualifications the Company will utilize seniority as a factor in employment decisions between affected employees in layoffs, promotions, recalls, transfers, changes in shifts, and job openings.

Section 2 Layoff, Recall and Customer Mandated Route Change

When the Employer determines that there will be a reduction in the number of employees in the seniority unit or the customer mandates that the employee be reassigned outside of a building or route, a reduced employee may exercise his seniority to displace the least senior employee within the unit or fill an open position within the unit for which they are qualified as determined by the Employer through positions descriptions, among other items, so long as it does not reduce hours of work based on seniority and qualifications.

When it becomes necessary to reduce the number of employees in the seniority unit, five

(5) working days' notice will be given to the affected employees except in the case of customer mandated route change when changes are immediate.

No employee is permitted to displace another employee within the seniority unit if it is determined that the displacing employee is not qualified to perform the work required.

Recall shall be in reverse order of layoff.

Seniority will be lost and the employee terminated for any of, but not limited to, the following reasons: layoff for more than twenty-four (24) months; failure to report to work on the termination of an approved leave of absence; failure to acknowledge and establish a return to work date within five (5) working days after attempted delivery of a registered letter of recall sent to employee's last known address. Seniority will also be lost for employees who resign, retire or are terminated.

A Union member elected or appointed to serve as a Union official shall be granted a leave

Rock Island Arsenal Collective Bargaining Agreement of absence during the period of such employment with the Union without discrimination or loss of seniority rights and without pay; this leave is in no way meant to imply that the company must maintain any additional employees, if the union member returns.

Section 3 - Job Posting and Vacancies

Any vacant job vacancies (routes) will be posted for not less than five (5) working days.

All employees will have an opportunity to bid and the vacancy will be filled based on seniority. This includes former employees who are eligible for recall.

Where qualifications are equal for two (2) or more bidders, seniority shall prevail. A position may be temporarily filled by the Employer by any means at its disposal, pending the outcome of the recall and bidding procedures.

Employees that have been reassigned from a route due to a customer mandate are not eligible to bid the route that they were relocated from.

Employees who are temporarily displaced due building or area being closed, will be assigned work to fulfill their shift hours.

Extra work signup sheet will be posted twenty-four (24) hours prior to the day the work is needed.

If an employee's hours are reduced, then said employee may bump the least senior employee with the same hours.

Subs are required to have a minimum of seven (7) hours off between shifts, unless there is an emergency, i.e. three (3) or more employees calling off their shift in addition to the employees already scheduled off for the day.

Section 4-Union Employees Transition to Management

Any bargaining unit employee accepting a regular management position will forfeit all seniority rights under this Agreement.

Section 5- Seniority Lottery

Subsequent to the effective date of this Agreement, a Seniority Lottery will be held, as necessary; within ten (10) workdays after the employees have completed their probationary periods, when more than one (1) bargaining unit employee is hired on the same day. The lottery will conform to the provisions outlined in this Article and will be conducted in the following manner.

(1) GANA - A' YOO SERVICES CORPORATION will provide the Chief Steward a list of bargaining unit employees and their dates of hire.

(2) A seniority lottery will be held only for those calendar days where more than one (1) employee was hired.

(3) The name of those employees hired on the same date shall be placed in a container

Rock Island Arsenal Collective Bargaining Agreement Gana-A'Yoo Services Corporation and Teamsters Locai 371 and drawn out by the Chief Steward.

(4) The first name drawn will be the most senior employee hired on that date, the next name drawn will be the second most senior employee hired on that date, the procedure will continue until there are no names remaining In the container.

ARTICLE 9 - UNION REPRESENTATION

Section 1 - Union Business Representative

The Union Business Representative will be designated, In writing, to the Employer, and he will have access to the GANA - A' YOO SERVICES CORPORATION facility located at the Rock Island Arsenal, Rock Island, Illinois, for the purpose of adjusting disputes, Investigating working conditions, and ascertaining that this Agreement is being adhered to, provided that there is no interruption of the Employer's business.

The Union Business Agent will be allowed to visit the Company's job site with prior notice to the Project Manager or designee. In the absence of an emergency or grievance investigation, prior to the visit, the Union's representative must contact the Company's Project Manager or designee and provide a minimum notification of not less than five (5) business days prior to the Union representative's visit.

The Company reserves the right to reasonably regulate such visits as to time and scope.

Union visits with employees must be scheduled during non-working time, unless prior permission is obtained from the Project Manager or designee and must be conducted consistent with government regulations.

Authorized agents of the Union shall have access to the Company's job site during working hours for the purpose of adjusting disputes, investigating working conditions, and ascertaining that the Agreement Is being adhered to, provided, however, that advance notice be given so that such visits do not Interfere with the Company's operation. All visits are subject to government regulations.

All visitation rights under this contract are subject to the facility or other governmental approval. The parties hereby agree that the Company Is not responsible for the actions of the worksite or the government in allowing or denying visitation rights, and any such actions by either the facility or the government do not constitute a grlevable offense under the provisions of this Agreement. Subject to the foregoing, no employee will be denied the employee's right to Union representation at any level of the grievance procedure.

Prior to entering the company's management offices, the visiting Union Business Agent shall notify the Project Manager or designee twenty-four (24) hours In advance and shall report directly to the company office. Business agents will be allowed to be present for any and all-time studies requested by the employee or by the Company.

Rock Island Arsenal Collective Bargaining Agreement

Section 2 - Union Steward Responsibilities

The Employer recognizes the right of the Union to designate one Chief Steward from the Employer's seniority list. Teamsters LU #371 must have at least 1(one) but may have up to four (4) stewards to comply with the CBA.

The authority of the Chief Steward so designated by the Union shall be limited to, and shall not exceed, the investigation and presentation of grievances or the representation of employees in accordance with the provisions of this Agreement.

The Chief Steward's duties shall be performed during normal working hours up to a maximum of one-half (1/2) hour per week after permission is granted by the Chief Steward's supervisor to leave his normal work when the supervisor determines that work requirements of the Chief Steward, as well as any employee with whom the Chief Steward asks to meet, will allow. When the Chief Steward has completed his duties, the Chief Steward shall immediately report to the supervisor and return to work.

Additional time may be requested by the Steward subject to the work requirements listed above and with prior approval by the Personnel Manager.

Section 3 - Preferred Seniority

The Chief Union Steward will have preferred seniority for layoff purposes only. If a layoff occurs which affects the Chief Steward, the Employer, after determining the qualifications of the Chief Steward in accordance with Article 2 of this Agreement, shall notify the Chief Steward of the individual, and job in which the Chief Steward will be permitted to "bump."

In the event the Chief Steward does not qualify for the work available, the layoff action will continue in accordance with Article 8. Should the Chief Steward not elect to "bump" as outlined above, the layoff action continues in accordance with Article 8.

The Employer recognizes that the Chief Union Steward normally works Monday through

Friday on day shift.

ARTICLE 10- BULLETIN BOARD

The Employer will provide bulletin board space al an agreed upon location suitable to the employees (at least 2 feet by 3 feet) for the exclusive use of the Union. Such bulletin board space shall be used for the sole purpose of posting Union notices. The Union will provide the Employer with copies of all postings for approval before they are posted and said notice will not be derogatory toward the Employer or the U.S. Government.

ARTICLE 11 - TEMPORARY TRANSFER

Seniority shall be considered when an employee is directed to work out of his regular assignment, the Employer will make reasonable effort to transfer said employee back to their normal assignment as soon as possible.

Rock Island Arsenal Collective Bargaining Agreement

When multiple people at the same starting time are being transferred. The Senior qualified employee will have choice of job (route) to do. If 6-hour employees or Subs are qualified and available, they are to be used first.

In the event of an emergency or immediate need the company can transfer any available employee. If more than one available employee is to be transferred, Qualifications and seniority will be followed with available employees.

ARTICLE 12-VACATIONS

Section 1-Leave Earnings

Employees who are on the active payroll will receive vacations pay as follows:

After one ( 1) year:

After five (5) years:

After fifteen (15) years:

After twenty (20) years:

After forty (40) years:

Section 2-Vacations

Ten (10) days

Fifteen (15) days

Twenty (20) days

Twenty-five (25) days

Thirty (30) days

Vacations will be taken in periods of not less than one (1) day increments up to a maximum offive (5) single days per year, with a minimum of twenty-four (24) hours written request. Single days must not be in a continuous block of more than two (2) days in a row and will be on a first come first serve basis and by seniority if requested on the same day.

Designated holidays occurring during a vacation period will not be considered as vacation days.

Section 3-Vaction Selection

A vacation schedule will be posted for fifteen (15) days beginning September 1 - 15. All employees wishing to exercise their seniority in selecting vacations will do so by September 15th with a maximum of two (2) weeks' vacation bids. Additional weeks will be on a first come first serve bases. A completed schedule will be posted by September 30th .

Four (4) employees per day shall be permitted to be on vacation. Employees that choose not to participate in bidding vacation during the above timeframe must provide written notice of their choice not to participate no later than September 15th . The notice shall be taken as concurrence that their seniority no longer trumps the seniority of the employees that participated.

Rock Island Arsenal Collective Bargaining Agreement

Page 16 o/32

Section 4 - Payment in Lieu of Vacation

An employee with two (2) or more years of service may elect to sell back one (1) week of earned vacation per year to the company.

This election must be made in writing to the company two (2) weeks prior to the requested payment date, also, any employee who has reached their anniversary date and who has quit, retired, been discharged, or laid-off shall be entitled to vacation pay in lieu of vacation.

Section 5-Vacation Periods

The vacation period of each qualified employee shall be set with due regard to the seniority of the employee, subject to management approval and workload requirements.

Section 6-Eligibility

Employees who are eligible for vacation pay shall notify employer management of their intention in writing to be paid for any vacation days prior to the end of the preceding pay period in order to be paid the following pay period.

ARTICLE 13 - HOLIDAYS

Section 1-0bserved Holidays

The following days are designated as holidays:

• New Year's Day • Labor Day

• M.L. King's Birthday (3rd Monday in January) • Columbus Day (2nd Monday in Oct.)

• Washington's Birthday (3rd Monday in • Veteran's day

February) • Thanksgiving Day

• Memorial Day • Day after Thanksgiving

• Fourth of July • Christmas Day

Rock Island Arsenal Contracting or Quality Assurance personnel will determine all recognition of holidays falling on Saturdays or Sundays.

Section 2 - Eligibility

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 3-Ernployees Required to Work

Employees who are required to work on a scheduled holiday shall be paid their regular rate of pay plus any shift differential and, in addition, shall be paid holiday pay equivalent to their regular number of scheduled hours (for example: if regularly scheduled to work

Rock Island Arsenal Collective Bargaining Agreement Pago 17 of 32 six (6) hours, employee shall receive six (6) hours of holiday pay).

Section 4-Alternative Observation If a holiday is observed, other than the standard holidays currently observed which results from Federal Statue, Executive Order or the Presidents proclamation, the employees covered by this agreement shall be compensated for the holiday at his or her regular rate of pay, only if GSC is compensated by the Federal Government client for the holiday.

(This will not include early RIA closing or partial days given off to government employees by the RIA Commander).

ARTICLE 14 - WORKDAY AND WORKWEEK AND SHIFT BIDDING

Section 1 - Payday

Paydays shall be bi-weekly with Friday as the designated pay day. Pay period will be Friday through Thu rs day.

Section 2 - Work Week and Shifts

The standard workweek is Monday through Friday. There are two (2) possible work schedules available to employees. A workday schedules shifts could either be; work week, six (6) hours/thirty (30) hour projected work week, or eight (8) hours/forty (40) hour projected work week. The hours may fluctuate due to client needs or other situations that arise if hours are reduced. The company retains all management rights as detailed above.

Section 3 - Shift Bidding and Substitutes

Shifts will be assigned to employees based upon employee bids for shifts, eligibility for the route (no previous customer reassignment), successful fit for duty test, where applicable, and qualification.

Shifts are assigned based on employee seniority as recognized in Article 8. Two (2) shifts shall be available in the Initial Shift Bid:

1 Shifts of six (6) hours per day (for a projected work week of thirty (30) hours per week)

2 Shifts of eight (8) hours per day (for a projected work week of forty (40) hours per week)

Substitutes (Subs) - Work Hours:

When necessary employer may have work assignments that require subs to fill staff shortages during a shift. The added work will be assigned in order by 1) any current employee assigned a route with less than 8 hours will have first option to fill in when extra work hours are needed. Employees will be limited to working up to 8 hours in a day and no more than 40 hours in a week. 2) Subs (part time employees are not assigned a regular route) will be offered work based on seniority, as recognized in Article 8 for no less than

Rock Island Arsenal Collective Bargaining Agreement

Page 18 of32 two (2) hours minimum and maximum of eight (8) hours in a day and 40 hours in a week.

Substitutes may call the office or supervisors cell phone at 6:30am or 1 :00pm each day to confirm availability for any work that day. Management will continue calling Subs for work opportunities and fill staff shortages based on seniority, as recognized in Article 8.

Nothing in this Article or elsewhere in this Agreement, however, will be construed as a guarantee of a minimum number of hours worked.

Hours may fluctuate based on the government's needs, or other business situations, in the Company's discretion, further, if the Company wishes to change shift lengths during the term of this Agreement, it may do so, and the Company will conduct an additional shift bid to assign shifts, as described above.

After the Initial Shift Bid, employees will retain their assigned shifts throughout the term of this Agreement; provided however, that the Company will make shifts available for bidding based on seniority (hereinafter referred to as "Subsequent Shift Bid") in the following situations;

1 a vacancy in a job position, 2 a customer mandated route change, 3 change in fit for duty status of employee, 4 an additional job position is added that was not included in the Initial Shift Bid;

In a Subsequent Shift Bid, employees may bid, and Employer shall assign shifts, based on seniority. If shifts become available because incumbent employees are assigned new shifts during a Subsequent Shift Bid, Employer will assign those newly available shifts based on employee bids, based on seniority.

Section 4 - Rest/Lunch Periods

Employees shall be entitled to two (2) rest periods of fifteen (15) minutes each during their regular workday, as scheduled by the Employer for each employee. Employees shall be entitled to two (2) rest periods of fifteen (15) minutes each during their regular workday, as scheduled by the Employer for each employee. Employees scheduled to work more than four (4) hours, but less than eight (8) hours shall receive one (1) fifteen (15) minute rest period. The rest periods shall be considered as time worked.

Time taken during the one-half (1/2) hour lunch period is considered unpaid and contributes neither to the standard work week nor to the calculation of overtime.

Additional rest periods due to excessive temperature or fatigue are at the discretion of the supervisor and are granted prior to the break.

Section 5 - Time Discrepancies

If the difference between the company clock and the employees watch is not more than two (2) minutes, then no discipline will be issued.

Rock Island Arsenal Collective Bargaining Agreement

ARTICLE 15- OVERTIME AND SHIFT PREMIUMS

Section 1 - General

The Employer may require overtime to accomplish specific work assignments.

The Employer recognizes that individual preferences regarding overtime work may differ and such preferences shall be accommodated whenever practical.

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