Exhibit J CBA and Addendum ver 2.pdf
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NATIONAL AGREEMENT
BETWEEN
INDUSTRIAL TECHNICAL AND PROFESSIONAL
EMPLOYEES UNION, OPEIU Local 4873, AFL-CIO
AND
MAIN BUILDING MAINTENANCE, INC.
EFFECTIVE: CONTRACT DATES: June 01, 2018 TO May 31, 2021
TABLE OF CONTENTS
PREAMBLE
ARTICLE I - PURPOSE AND SCOPE
ARTICLE II - UNION RECOGNITION
ARTICLE Ill - UNION SECURITY
ARTICLE IV - NO DISCRIMINATION
ARTICLE V - UNION REPRESENTATION
ARTICLE VI - DISICPLINE
ARTICLE VII - GRIEVANCE PROCEDURE & ARBITRATION
ARTICLE VIII - SENIORITY
ARTICLE IX - PROMOTIONS
ARTICLE X - LEAVE OF ABSENCE
ARTICLE XI - WAGES
ARTICLE XII - SHIFT SCHEDULING, BASIC WORK WEEK AND HOURS OF WORK
ARTICLE XIII - SHOW UP & REPORTING TIME
ARTICLE XIV - EMERGENCY RESPONSE ROSTER
ARTICLE XV - OVERTIME
ARTICLE XVI - HOLIDAYS
ARTICLE XVII - VACATIONS
ARTICLE XVIII - SICK LEAVE
ARTICLE XIX - FUNERAL LEAVE
ARTICLE XX - HEAL TH & WELFARE
ARTICLE XXI - PENSION
ARTICLE XXII - HIRING OF EMPLOYEES
ARTICLE XXIII - WASH & WEAR UNIFORMS
ARTICLE XXIV - MISCELLANEOUS
ARTICLE XXV - NO STRIKES NO LOCKOUTS
ARTICLE XXVI - INVALIDITY
ARTICLE XXVII - PHYSICAL EXAMINATION
ARTICLE XXVIII - MANAGEMENT CLAUSE
ARTICLE XXIX - REOPEN ER CLAUSE FOR LOCAL WAGE ADDENDA
ARTICLE XXX- SUCCESSORS & ASSIGNEES
ARTICLE XXXI - SAVINGS CLAUSE
ARTICLE XXXII - DRUG ABUSE PREVENTION & DETECTION
ARTICLE XXXIII - FAMILY MEDICAL LEAVE ACT
ARTICLE XXXIV - EFFECTIVE DATE & DURATION
Main Building Maintenance, Inc.
National Agreement
PREAMBLE
THIS NATIONAL AGREEMENT is entered into by and between Main Building Maintenance, Inc., hereinafter referred to as the "Company", and INDUSTRIAL, TECHNICAL & PROFESSIONAL EMPLOYEES UNION, OPEIU LOCAL 4873, AFL-CIO, hereinafter referred to as the "Union", as representative of all its non-supervisory employees at those sites where, by expressed agreement, it is determined to be in the mutual interest of the employees and the Company to promote and further the efficiency and economy of operations, to provide orderly collective bargaining relations, a method for the prompt and equitable disposition of grievances, and a method for the establishment of fair wages, hours and working conditions for the employees covered hereunder. In making this Agreement, it is recognized to be the duty of the Union, Employees, and the Company to cooperate fully with each other, both individually and collectively, for the advancement of the purposes of this Agreement, within the context of this Agreement.
THIS AGREEMENT supersedes any and all prior agreements between the Company and the Union.
Main Building Maintenance, Inc.
ARTICLE I - PURPOSE AND SCOPE
It is the intent and purpose of the parties hereto to set forth herein the basic agreement covering wages, hours of work and conditions of employment to be observed between the parties hereto, and to provide procedures for prompt, equitable adjustment alleged grievances to the end that there shall be no work stoppages, strikes or lockouts during the life of this Agreement.
ARTICLE II - UNION RECOGNITION
Section 1 The employer recognizes the Union as the sole exclusive collective bargaining representative of all it non-supervisory employees with respect to wages hours and other terms and conditions of employment.
Section 2 At such time as a majority of the employees of the Employer at a location not covered by this Agreement, which is not an accretion to existing bargaining units, designates the Union as their collective bargaining representative, as evidenced by a card check, they shall be covered by this Agreement effective on the same date that the Addendum covering wages becomes effective. The effective date of Addendum is determined in the negotiations of wages between the Union Representative and the Employer.
Section 3 Should a dispute arise between the parties with reference to the card check, either party may refer such dispute to the arbitration procedure contained in this Agreement.
Section 4 Whenever the words "employee" or "employees" are used in this Agreement, they designate only such employees as are covered by this Agreement. Whenever in this Agreement employees or jobs are referred to in the male gender, it will be recognized as referring to both male and female employees.
Section 5 It is understood by this Section that the parties hereto shall not use any leasing or subcontracting device to evade the terms of this Agreement. The Company shall give a copy of this Agreement and any addenda hereto to the Contracting Officer at every installation where this Agreement is applicable.
ARTICLE Ill - UNION SECURITY
Section 1 It shall be a condition of employment that all employees of the Company covered by this Agreement, who are members of the Union in good standing on the effective date of this Agreement shall remain members in good standing, and those who are not members on the effective date of this Agreement, shall on or after the thirtieth (301h) day following the effective date of this Agreement or the execution date whichever comes later, become and remain members in good standing of the Union. It shall be a condition of employment that all employees of the Company covered by this Agreement and hired on or after its effective date or execution date, whichever comes later, shall on or after the thirtieth (301h) day following the beginning of such employment become and remain members in good standing of the Union.
Section 2 The provisions of Article II, Section 1, shall be deemed to be of no force and effect in any state whose law governs this contract to the extent to which the making or enforcement of such provisions is contrary to statues, constitutional amendment or the law of such state;
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provided, however, that whenever any such court of last resort having jurisdiction of such questions finds the state law to be invalid or inapplicable, the provisions of Section 1 above shall immediately thereupon be deemed to cover this bargaining unit or employees directly affected by such declaration of invalidity.
Section 3 If the provisions of Article II, Section 1 shall be deemed to be of no force and effect, the following shall govern: Employees who are members of the Union on the date of execution of this Agreement, and employees who join the Union subsequent to the execution hereof, shall maintain their membership in the Union as a condition of employment during the term thereof.
Section 4 The Company will deduct from the wages of any employee covered by this Agreement said employee's dues as a member of the Union, upon receiving the employee's voluntary and individual written authorization for the Company to make such deductions, signed by the employee. Such authorization form shall be provided by the Union. The Company will pay over to the proper officer of the Union the wages withheld for such initiation fees and dues.
The remittance shall be accompanied by a list showing individual names, social security numbers, dates hired, and amounts deducted. The total remittances are to be made not later than twenty (20) days after the last day of the month and postmarked on the 20th of each month for which deductions were made. The Union shall advise the Company of the amount of initiation fees and dues and the manner in which same shall be deducted. The amount so withheld, less any amounts due to any improper withholding, shall be reported and paid to the Union monthly.
Section 5 Payment for membership dues shall not be required as a condition of employment during leaves of absence without pay in excess of thirty (30) days or during period of permanent transfer to a classification not covered by this Agreement.
Section 6 In the event of termination of employment, there shall be no obligation upon the Company to collect dues until all other deductions have been made.
Section 7 Upon receiving an employee's voluntary, individual , written and signed authorization, the Company will deduct for the wages of any such employee covered by this Agreement the voluntary contribution to the ,l. 8. Moss Vote Fund which that employee has designated in the written, signed authorization. The Company will forward the employee's contribution to the J. 8. Moss Vote Fund at the address designated by the Union not later than twenty {20) days after the last day of the month and postmarked on the 201h of each month during which the deduction is made. The Company will send the remittance a list of the names of the employees from whom deductions were made and the amount of each employee's contribution. The Union shall provide the Company, prior to any deductions, with a voluntary, signed for each employee who elects to contribute. The Union, upon request, will provide the Company with a copy of the form to be used to authorize such deductions and with any changes, when made, to that form.
Section 8 The Company will make available to the Union a list of newly-hired and terminated employees covered by this Agreement. Such list will be prepared monthly and will show the name, social security number and address, job classification and hire or termination date of
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such employees who were hired or terminated during the month for which the list is prepared.
Section 9 The Company shall notify the Union of all job openings at each installation covered by this Agreement. The Union may refer applicants for such opening. In interviewing and hiring for such job openings, the Company will not discriminate against any applicant referred by the Union. Nothing in this contract, however, shall be construed to create an exclusive hiring hall agreement, and the Company at all times to be free to advertise and list said job openings from any source available to the Company.
Section 1 O The Company shall be the judge of the qualifications of its employees, but shall give full consideration, without prejudice, to the members of the Union, provided that they have the necessary qualifications.
Section 11 The Union agrees to indemnify and save the Company harmless against any claim, suits, judgments or liabilities of any sort whatsoever arising out of the Company's compliance with the provisions of this Union Security and Membership Article.
ARTICLE IV - NO DISCRIMINATION
Neither the Company nor the Union shall discriminate against or favor any employee on account race, color, creed, national origin, political belief, sex, age, veteran's status or handicapped, nor because any employee exercised his/her rights under any federal or state law.
All Company policies, rules and interpretations of this Agreement shall be applied equally to employees in the bargaining unit.
ARTICLE V - UNION REPRESENTATION
Section 1 The number and need of stewards shall be determined by the Union and appointments thereof will be made by the appropriate Union Representative. The Union agrees to limit the number of stewards to a maximum of one (1)_per shift where possible. A telephone will be made available to the shop steward for the purpose of communicating with the Union.
Such calls will be made at no costs to the Company.
Section 2 The Union shall supply the Company, in writing and shall maintain, with the contractor on a current basis, a complete list of all authorized stewards, together with the designation of the group of employees they are authorized to represent.
Section 3 The Company agrees to recognize the officers and duly designated representatives of the Union, and shall be kept advised, in writing, by the Union of the names of its officers and representatives. Shop stewards shall be afforded time off without loss of pay to investigate, discuss and present grievances. Such time shall be kept to a minimum. The shop stewards shall not interfere with management of the business or direct any work of any employee, but may advise the Company of any violations of this Agreement and also notify the employee participating therein . Prior to leaving the work area, a shop steward will request permission from the supervisor. Shop stewards will not leave the work area during rush hours.
Main Building Maintenance, Inc.
Section 4 The Company agrees that, in the event it is planned to transfer a steward, officer, or representative from one work shift and/or shop to another, it will inform the Union five (5) days prior to taking such action.
Section 5 Duly authorized representatives of the Union shall be permitted to investigate the standing of all employees and investigate conditions at any installation covered by this Agreement to see that the Agreement is being enforced, provided that no interview shall be held during the rush hours, or unreasonably interrupt the duties of any employee. The Company shall be notified by the Union representative before he/she shall take action with the person involved. The representative of the Union shall contact the highest ranking Company representative then present at the facility and inform him/her of the circumstances. The Company and the Union representative shall conduct themselves in such manner as to carry out the intent and spirit of this Section. The Union representative will not be disruptive to the work force.
ARTICLE VI - DISICPLINE
Section 1 An employee shall be subject to immediate discharge including by not limited to the following reasons:
(a) Caught stealing.
(b) Drinking alcoholic beverages or using illegal drugs while working.
(c) Physical altercations.
(d) Falsification of time sheets or time cards.
(e) Failure to report for work without notice or excuse.
(f) Unauthorized disclosure of Employer's hospital service proprietary documents, time sheets, pay cards and/or procedure manuals.
(g) Direct and blatant disobedience of a direct instruction or request that leads to an unsafe incident.
(h) Acceptance of a bribe.
(i) Payment of a bribe.
G) Unauthorized use of any Employer's vehicle.
(k) Failure to complete assigned work without notifying management or supervisor that the work was uncompleted without justifiable reason.
(I) Any false statement made on the application for employment or to the medical examiner with the intent to deceive.
(m) Unauthorized possession of firearms or explosives within the facilities.
(n) Employees restricted by the Government from entering the Government installation.
(o) Sleeping on the job.
Section 2 Other than reasons identified above in Section 1, the Company shall not discharge any employee without just cause and with respect to any such discharge, the Company shall give at least three (3) warning notices to the employee of any complaint against such employee, in writing immediately or the next business day, and a copy of the same to the Union. Once warning notices become twelve (12) months old, said notices shall be voided, and not be
Main Building Maintenance, Inc.
operative in the future. Warning notices of complaints against an employee need not be for similar reasons.
Section 3 - Discipline The following includes but does not limit the Company's rules and regulations which shall not be permitted:
(a) Gambling, including games of chance, operation of pools, and/or lotteries within the facilities.
(b) Amoral conduct or indecency on the premises during their assigned shifts.
(c) Insubordination or refusal or intentional failure to perform assignment.
(d) Vending, soliciting or collecting contributions for any purpose whatsoever at any time on the premises unless authorized.
(e) Reporting to work drunk, with the undisputable odor of alcohol on breath or under the influence of illegal drugs.
(f) Unauthorized break or extended break or lunch period without justifiable cause.
(g) Failure to report to work in a neat and clean fashion in proper uniform or approved attire.
(h) Failure to wear provided name badge or I.D. Card.
(i) Unauthorized presence in any area not normally assigned to the employee/employees without justifiable cause.
0) Verbal altercation with superiors, peers or other facility personnel.
(k) Interference with an inspection process or inspector.
(I) Giving access to any person to any area, by key or lock combination, under the control of the employee/employees unless authorized.
(m) Two failures to report for duty when the employee has been contacted by the employer and has agreed to report for on-call assignments.
(n) Reporting to work late without cause or excuse.
(o) Any moving vehicle violation while driving any Company vehicle at the job site or while en route from one job location at the site to another.
(p) Poor job performance. A warning for "poor job performance" routinely must consist of a minimum of three (3) similar incidents of unmistakable poorly performed work within a thirty (30) day period. Employees who have not completed all phases of the Initial Training Program cannot be terminated for poor job performance. Each incident of poor performance must be documented and clearly due to the employee's disregard for documented training, established procedures, the proper use of authorized materials or supplies, or verbal instructions. Poorly performed work is defined as any work that must be redone to meet acceptable standards or any work accomplished that initially odes not meet established, acceptable and reasonable standards.
(q) Leaving the job site with assigned keys that are to be secured on site without authorization or just cause.
(r) Falsification of any information given on an application or official Company document.
(s) Smoking, eating or drinking in any area other than approved areas for that purpose as designated by the Government.
(t) Any violation of the Safe Practiced Code. The safe practices code will be posted and a safety handbook will be issued to the employees.
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(u) Employee misbehavior at the job site which reflect adversely upon the customer.
(v) Excessive Absenteeism:
(1) Every absence from a schedules assignment must be documented and recorded on the individual employee's attendance record. Absences are classified into two separate categories:
(a) Excused Absences:
1 . Sick leave claimed with a doctor's or medical excuse slip to support each day of absence in excess of 2 days or complying with the Family Medical Leave Act.
2. Bereavement leave for immediate family member.
3. Personal time off with adequate proof of reasonableness and just cause.
(b) Unexcused Absences:
1 . Sick leave claimed without a doctor's or medical excuse to support each day of absence in excess of 2 days or complying with the Family Medical Leave Act.
2. Personal time off without adequate proof of reasonableness and just cause.
3. Vacation days taken off, which exceed the amount of vacation days accrued to that point without justifiable cause.
(2) Absenteeism is considered to be 0excessive" when repeated instances of absence, whether excused or unexcused as defined above, are of the magnitude to cause an employee to miss an average of more than (2) days per month of scheduled work without justifiable cause.
Employees found guilty of violating Company rules and regulations may be warned, suspended without pay or discharged in the following manner:
a. First offense - Written warning and counseling.
b. Second offense within any six consecutive month period - One day suspension.
c. Third offence within any six consecutive month period - Dismissal or three (3) day suspension at the Company's discretion.
d. Forth offense within any nine consecutive month period - Dismissal or five (5) day suspension at the Company's discretion.
e. Fifth offense with any 12 consecutive month period - Dismissal
Section 4 Discharge or suspension must be made by proper written notice to the employee, shop steward and a copy mailed to the affected Union.
Main Building Maintenance, Inc.
ARTICLE VII - GRIEVANCE PROCEDURE & ARBITRATION
Section 1 The parties to this Agreement, in the interest of resolving disputes, complaints or grievances, in connection with the interpretation or application of the terms of this Agreement, have settled upon the following orderly and peaceful procedures:
Step One The employee shall immediately report to his steward any complaints, disputes or grievances which he/she believes require adjustment. The steward, designated by the union, shall immediately investigate to ascertain whether the complaint has merit and report the results thereof to the Union Representative. The Union shall be the sole judge as to the validity of any grievance, and in the event the Union Representative believes the grievance has merit, he/she shall attempt to resolve the dispute with the Company's Supervisor, within seven (7) working days after notice thereof.
If the dispute is not resolved at Step One the matter shall be referred to Step Two in writing within ten (10) days of the Supervisor's written Step One response. If the matter is not referred within the ten (10) days, the matter shall be closed.
Step Two The Union Representative shall refer the matter in writing to the President of the Company or his designee within 1 O days. The two parties will then meet in an effort to settle the grievance. If no satisfactory settlement is arrived at within ten (10) days either party may, within five (5) additional days, refer the matter to Step Three, Arbitration. The Union or his designee, shall have full authority to determine whether or not the Union wishes to process the grievance into Step Three, Arbitration.
Step Three The party invoking the provision of Step Three shall call upon the Federal Mediation and Conciliation Service to supply both the Company and the Union with a list consisting of not more than five (5) individuals who would serve as Arbitrator. The parties may then invoke the usual procedures to strike off objectionable names. The decision of the Arbitrator shall be final and binding upon both parties. The cost of such arbitration shall be shared equally by both parties, except if an employee witness is called by the Company, the Company will reimburse the employee for time lost at his regular straight time base rate, if the Union calls an employee witness, the Union will reimburse the employee for time lost at his regular straight time base rate.
Section 2 The parties may, by mutual consent, select a mutually acceptable neutral individual to act as a temporary or permanent Arbitrator for disputes arising under the terms of the Agreement.
Section 3 The time limits set forth in this Article may be extended mutually in writing. Time limits are exclusive of Saturday, Sunday and recognized holidays.
Main Building Maintenance, Inc.
ARTICLE VIII - SENIORITY
Section 1 The Company recognizes seniority which shall be based upon the length of continuous service, with previous, present .and succeeding employers, according to the Company's and the Union's records, as an important factor to be considered in shift assignments, promotions. Demotions, layoffs and recalls after layoffs with the unit. It is understood, however, seniority shall prevail. Seniority for all purposes of this Article shall be based on job classification. Any employee who quits and then is rehired at a later date, for whatever reason, shall be required to complete the 90 day probationary period again.
Section 2 Except as provided herein, seniority shall be measured from the date of the Company's starting date at any facility with the Company or predecessor employer engaged in providing similar services at that facility. Employees transferred by the Company to any facility covered by this Agreement shall have their seniority measured from the date of the initial hire by the Company, or its franchisee, as the case may be, regardless of where such service was performed.
Section 3 A break in seniority shall occur in the following events:
(a) If an employee quits.
(b) If an employee is discharged for cause.
(c) If an employee takes an unauthorized leave of absence.
(d) If an employee is laid off for more than one year.
(e) If an employee fails, while laid off, upon notice from the Company that work is available to report to the Company for work as soon as practicable, but not later than seven (7) work days and provided that the employee notifies the Company within three (3) days of such notice that he will return to work within the seven (7) day period. The Company fulfills its obligation under this Section by sending notice by certified letter to the last known address of the employee. It is the obligation of the employee to keep the Company informed of his current address and telephone number.
Section 4 The Company shall supply the Union with an up to date seniority list which shall be reviewed every two (2) months.
Section 5 Every new employee and any employee rehired after a break in seniority shall be on probation for a period of ninety (90) days and during this probationary period, an employee may be dismissed for any reason considered justifiable by the Company. Any employee so dismissed shall not have the right to invoke the grievance and arbitration procedure of this Agreement.
ARTICLE IX - PROMOTIONS
Section 1 When the Company determines that a vacancy exists in the classification of Group Leader, a notice of the vacancy shall be posted for a period of three (3) calendar working week days in the normal posting locations. Any employee in the bargaining unit shall be permitted to sign the notice indicating his/her desire to be selected for the position in the job classification by seniority for which they are qualified.
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Section 2 In effecting a promotion, the Company will first give consideration to employees of the unit and selection will be made from there.
ARTICLE X - LEAVE OF ABSENCE
Section 1 : Personal Leave of Absence A leave of absence without pay, for reasonable cause, as determined by the Company, will be granted for a period up to ninety (90) calendar days with written approval of the employee's supervisor, if possible, at least fifteen (15) days in advance of such leave of absence.
Employees who are away for a period longer than the term of the leave of absence or who accept employment elsewhere without permission of the Company during such leave of absence shall be considered to have voluntarily terminated their employment with the Company.
Employees shall not receive holiday pay for any holiday which falls during the period they are on leave without pay. Employees on leave of absence without pay shall not receive any accrued vacation for those periods of absence.
Section 2: Military Leave of Absence
(a) The Company and the Union agree to abide by the provisions of the Selective Service Act and the Veteran's Reemployment Act insofar as the provisions of said Acts apply to the rights of employees and the obligations of the Company.
(b) Employees who are members of the Military, the National Guard and Military Reserve Units shall be granted necessary time off, without pay, in order that they may fulfill their military obligations. These employees must notify their supervisor immediately upon receiving notifications of training period or other obligations requiring a military leave of absence.
Section 3: Injury or Sickness Leave of Absence
An employee desiring leave of absence from his employment shall secure written permission from the Company. The maximum leave of absence shall not exceed one (1) year. Permission for leave must be secured from the Company with a copy mailed to the Union. Granting a leave of absence shall be for the following reasons: sickness, death in the immediate family, union activities, cases considered to be an extreme hardship for an employee or any member of his/her immediate family, military duty and in the case of compensation injuries or occupational disease. Leave of absence shall not cause a change in seniority date. If benefits accrue during a year in which a leave of absence is taken, they shall be prorated according to service during that year. Leave of absence for maternity shall be granted in accordance with applicable law.
Section 4: Medical Treatment
The Company provides Workmen's Compensation coverage for employees who sustain an injury or contract a sickness covered by Workmen's Compensation. The Company will pay the injured or sick employee the difference between hours actually worked and hours scheduled on the date of the compensable injury.
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ARTICLE XI - WAGES
Employees shall be paid wages, shift premiums and fringe benefits in accordance with the schedule of wages within the local addendum attached hereto. The rates of pay, shift premiums and fringe benefits shall be negotiated between the Company and the designated representatives of the Union that has jurisdiction to represent the employees.
ARTICLE XII - SHIFT SCHEDULING, BASIC WORK WEEK AND HOURS OF
WORK
All employees shall be assigned to work in accordance with the hours of work and shift determined by the Company in the employee's job classification by seniority.
Section 1: Work Week
The regular work week for all employees shall begin on Sunday and end Saturday. Due to the inconsistent tasks and frequency scheduling requi red by the contracting agency, the Union recognizes the fact that it is impossible to place all of the Company's employees on a thirty-five
(35) work hour week; therefore, the Company agrees to place as many employees as possible on a thirty-five (35) hour, five (5) day work week.
Section 2: Days Off
Each full-time employee shall have two (2) scheduled days off in each regular work week. The Company must notify the affected employee at least two (2) calendar days in advance of any change in regular "scheduled days off". Where employees are required to maintain continuous operation of departments or assignments, days off may be fixed or rotated consistent with the requirements of the service. The Company will make every reasonable effort to arrange work schedules so that a maximum number of employees will be off duty on two consecutive days consistent with operational requirements. When workloads dictate, employees may be asked to perform additional hours and/or days. Those hours or days shall be considered overtime and shall be paid as such.
Section 3: Means of Contact
It is the responsibility of the employee to maintain a reasonable means of communication by which the Company may contact the employee for duty.
Section 4: Shifts
(a) Shifts will be established by the Company to best accomplish the task and frequency schedules.
(b) Employees transferred from one shift to another shall receive at least twenty-four
(24) hours notice except during emergency.
(c) Emergency Discontinuance of Operation. In the event of any emergency (e.g., severe weather conditions) requiring the Discontinuance of the Employer's operations, employees will be released from work and /or will be excused from
Main Building Maintenance, Inc.
their obligation to report for work in accordance with directive which may be issued by the government, and which apply to the operation of the installation. The Company shall not be required to pay wages unearned by employees as a result of such discontinuance of operation. However, if conditions are such where the employee is required to remain on post or remain on installation at the job site the employee will be paid in accordanc:e with the local addendum attached hereto and applicable laws.
(d) There shall be a fifteen (15) minutes rest period during the first half of each employee's shift providing his/her scheduled work day exceeds five (5) hours.
Such rest period shall be taken without loss of pay at work location time to be determined by the Company. Employees scheduled to work four (4) hours or less in any one workday shall not be granted rest periods.
(e) No employee shall be required to work more than five (5) hours with out a lunch period. Meal periods shall be a minimum of one-half (1/2) hour and a maximum of one (1) hour, and shall be without pay.
The provisions of this Article shall not be construed as a limitation upon the number of hours per day, per week, the Company may operate business or schedule its employees, nor shall it be construed as a guarantee of the minimum of hours available to employees.
ARTICLE XIII - SHOW UP & REPORTING TIME
Any employee reporting for work at the regular starting time, when he/she has not been notified not to report and for whom no work is provided, shall receive two (2) hours pay at his/her regular hourly rate. Any employee reporting for work at the regular starting time, and who is placed at work, shall be paid for no less than four (4) hours at his/her regular rate, even though four (4) hours have not been worked for. If more than four (4) hours are worked in any one shift, an employee shall receive pay for actual hours worked. Any employee called for outside his/her regular working hours, or on his/her scheduled days off, shall be guaranteed a minimum of three
(3) hours pay at the regular rate.
ARTICLE XIV - EMERGENCY RESPONSE ROSTER
The Company shall establish an Emergency Response Roster to be used in those instances when an emergency situation suddenly requires additional unit employees at the facility. Each Roster will consist of six (6) employees and will be in effect for one month. The initial roster will consist of the six (6) most senior employees. After that roster has expired at the end of one month, a new roster will be compiled, consisting of the next six (6) most senior employees. A new roster will be compiled in similar fashion each month, with the employees being placed on the roster in order of seniority. After the least senior employee is on a roster, selection will begin again with the most senior unit employee.
When an emergency situation arises, the Company shall call the employees on the roster, in order of seniority, to come to work. The most senior employee who was not called for any previous emergency during the month involved will be the first called for the next emergency.
Once all six (6) employees on the roster for a given month have been called for emergency duty in that month, the rotation will return to the most senior employee on that roster. Should any
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employee on the roster be unavailable due to illness or other justified reason, the Company shall call the next employee on the roster in order for seniority.
An employee on the roster is to report to the unit job site within one hour after being called by the Company. Any employee who so reports shall receive pay, at the appropriate contractual rate (including overtime, if applicable) for at least four (4) hours of work.
Employees telephone numbers will only be available to the Director of Housekeeping, Group Leader, COR/QAE or whomever the Company has in charge. At no time will an employee's phone number or social security number be posted.
ARTICLE XV - OVERTIME
Overtime shall be paid at the rate of one and one-half (1 %) times the straight hourly rate.
Overtime may be defined as:
(a) All work performed in excess of eight (8) hours in any twenty-four hour period.
(b) All work performed in excess of forty (40) hours in any work week.
The Company will distribute overtime work as is necessary, and as fairly as possible, between employees affected by such overtime work seniority employees in the affected areas shall be given preference.
ARTICLE XVI - HOLIDAYS
Section 1 Employees shall be entitled to the number of paid holidays in accordance with the local addendum attached hereto. Any employee who is absent without an acceptable excuse on the scheduled workday immediately preceding the scheduled workday immediately following a holiday shall forfeit his/her right to be paid for such holiday. If an employee is prevented from working on the workday immediately preceding or the workday immediately following a holiday because of illness attested to by a physician, or death in his immediate family, such fact shall constitute an acceptable excuse. Immediate family shall include spouse, parent, brother, sister and children.
Section 2 The holidays, as listed below, will be observed as non-work days whenever the designated holidays in your Addendum are observed at that location. Whenever such holidays as determined fall on a Saturday and the activity, except those required to operate during holiday periods, may be close to public business on the preceding Friday, or the succeeding Monday, in lieu of such holidays, then such Friday or Monday shall be deemed to be a holiday.
New Year's Day Martin L. King's Birthday President's Day Memorial Day Independence Day
Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas Day
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In locations where there are more than ten (10) holidays, the additional holidays shall be specified in accordance with the local addendum attached hereto.
Section 3 Employees working on a holiday shall receive pay for hours worked that plus their holiday pay. Another day off, during the same pay period, may be substituted for the holiday by mutual agreement between the employee and the Company.
Section 4 Employees not working on holiday will receive the same pay as they would normally receive on a regular work day.
Section 5 If one of the aforementioned holiday's falls within an employee's scheduled vacation such employee shall receive one (1) additional day of paid vacation.
Section 6 Causal call-in employees shall be defined as all employees working four (4) or less days per week. Holiday pay shall be computed as follows:
(a) Regular full-time and/or part-time scheduled employees shall be paid their normal scheduled number of hours times their hourly wage rate for each of the listed holidays. For example, employees normally scheduled to work eight (8) hours per day, five (5) days per week, shall receive eight (8) hours pay for each holiday.
Employees normally scheduled to work four (4) hours per day, five (5) days per week, shall receive four (4) hours pay for each holiday. Employees required to work on any listed holiday shall receive straight time pay for their actual hours worked on the holiday, in addition to their holiday pay.
(b) Call-in and /or casual employees shall receive holiday pay based on the following.
In computing the number of hours for which an employee is entitled to compensation, the proportion which the average number of hours worked by an employee during the preceding normal work week amount to forty (40) hours shall be applied to eight (8) hours to determine the number of paid hours said employee is entitled to receive. For example, if an employee worked thirty (30) hours during the normal work week preceding the holiday week, his/her ability holiday pay would be computed by taking the thirty (30) hours, dividing by five (5), resulting in six (6) hours holiday pay. Any work performed on a holiday will be paid at the employee's regular rate of pay in addition to the holiday pay.
Section 7 When the company requires any work of any shift on a holiday, the Company will first seek qualified volunteers for such work. If there are not enough volunteers for such work, the Company will select qualified employees to protect the work to be performed in reverse seniority however, if too many employees volunteer, the Company will select qualified employees to protect the work, in order of seniority.
ARTICLE XVII - VACATIONS
Section 1 Employees shall receive paid vacation in accordance with the local addendum attached hereto covering their location. Vacation shall not be paid or earned on a pro rata basis, or during a period of lay off. Vacation pay shall be figured on the basis of the employees
Main Building Maintenance, Inc.
normal work week for regular employees. Vacation pay for casual employees shall be prorated to the average number of hours worked in the prior year.
Section 2 The Company shall offer the employees the opportunity to request their vacation in advance for approval. This vacation schedule shall be approved no later than March 15 of each year. In the section of vacations, the employee's seniority shall be the determining factor. Once the vacation schedule is completed and approved, it cannot be arbitrarily changed by the Company. Employees shall not be required to schedule their vacation in advance, as stated above, but when getting unscheduled vacation approved at a later date, it must be understood that approved vacations on the vacation schedule shall be recognized first in cases where an employee is requesting the same days off as another employee. Vacations must be used within the twelve (12) months following the employee's anniversary date. In the event an employee quits or is terminated, vacation time will be prorated based on the number of days earned at the time of discharge.
ARTICLE XVIII - SICK LEAVE
Employees shall be entitled to sick leave per year, with pay, at the employee's regular rate of pay, in accordance with the local addendum attached hereto. The company may require medical proof of illness for absence with sick leave. No sick leave pay shall be made for less than one half (1/2) day. If employee works more than one-half (1/2) day, employee shall only be paid for hours worked and will receive no sick leave pay. Employees may accumulate up to one hundred and twenty hours (120) of sick leave. Sick leave is accrued based on hours worked. There shall be no cash payment for unused sick leave.
ARTICLE XIX- FUNERAL LEAVE
Funeral leave in accordance with the local addendum attached hereto shall be recognized as covered in your location as follows: An employee who has death in his/her immediate family, defined as his/her mother, father, spouse, son or daughter, grandparent, grandchildren, bother/sister or a member of the immediate family through adoption of guardianship, shall be paid up to and including two (2) days pay at his/her regular rate for time missed within one (1) week of the funeral. Stepparents shall be considered as immediate family.
ARTICLE XX - HEAL TH & WELFARE
The Company shall pay Health & Welfare benefits as set forth in the applicable local addendum attached hereto, to the ITPEU Health & Welfare Fund for all straight hours worked plus all hours paid for vacation, holidays and sick leave, for each and every employee covered by this Agreement. The total contributions are to be postmarked on or before not later than the 20th day of the following month in which the contributions were earned.
In executing this Agreement, the Company agrees to be bound by the terms and conditions of the Agreement and Declaration of Trust establishing the ITPEU Health & Welfare Plan and any amendments duly adopted thereto.
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The Company further agrees to be bound by all resolutions and other actions taken by the Board of Trustees of the ITPEU Health & Welfare Fund.
ARTICLE XXI - PENSION
The Company shall pay the pension benefits as set forth in the applicable local addendum attached hereto, thereto, to the ITPEU Pension Fund for all straight hours worked plus all hours paid for vacation, holidays and sick leave, for each and every employee covered by this Agreement. The total contributions are to be postmarked on or before not later than the 201h day of the following month in which the contributions were earned.
In executing this Agreement, the Company agrees to be bound by the terms and conditions of the Agreement and Declaration of Trust establishing the ITPEU Pension Plan and any amendments duly adopted thereto.
The Company further agrees to be bound by all resolutions and other actions taken by the Board of Trustees of the ITPEU Pension Fund.
ARTICLE XXII - HIRING OF EMPLOYEES
Section 1 The Company agrees that it will contact the Union off ice and give the Union an opportunity to furnish all classes of employees covered by th is Agreement, but if the Union cannot supply the needed personnel , the Company may obtain applicants from any and all sources for the particular requirement.
Section 2 Selection of applicants for referral to or for employment of jobs shall be on a non discriminatory basis and shall not be based on or in any way affected by the Union membership, bylaws, rules, regulations, constitutional provisions or any other obligation or aspect of Union membership policies or requirements.
Section 3 When the company is awarded a service contract for a unit which is already represented by the Union, the Company shall retain the employees of the predecessor contractor as necessary to perform the service contract, in accordance with Executive Order 13495 and all regulations applicable thereto, including 29 CFR Part 9 and FAR 52.222-17, pertaining to the non-displacement of qualified workers under service contracts. In the event that the Company needs fewer employees than are employed by the predecessor contractor in such situation, Article IX - Seniority of this Agreement shall be applicable to the retention of those employees unless it is inconsistent with the Executive Order and regulations there under.
Section 4 As a condition of employment, the Union agrees that all employees will maintain a current means by which they can be contacted to report for work. This condition is also critical when considering the Company's requirement for employees to respond and report for work in cases of mass casualties, large scale emergencies and disasters.
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Section 5 The Union and Company agreed to a higher paid Union Classification known as Group Leader and the parties recognize the following criteria shall apply with respect to the Group Leader classification:
(a) Group Leader's first responsibility to management is to get an assigned job accomplished.
(b) Group Leader shall lead and oversee the work output of Housekeeping Aides.
(c) Group Leader shall assume responsibility for his/her group and report on a direct basis to management any reports of unsatisfactory job performance or behavior by other members of his/her group. Management shall consider input and reports from Group Leaders. They shall no powers to propose termination or any disciplinary action.
ARTICLE XXIII -WASH & WEAR UNIFORMS
The Company shall provide three (3) initial wash and wear uniforms for each employee to wear.
One (1) additional new wash and wear uniform shall be provided to each employee, without cost, every twelve (12) months. The employees shall launder and maintain their uniforms at their own expense. However, if the uniform requires special maintenance e.g., dry cleaning the Company and Union shall negotiate a uniform allowance for that location.
ARTICLE XXIV - MISCELLANEOUS
Section 1 The Company will provide facilities where all employees may eat their meals at their regularly scheduled times, provided such facilities are made available by the U.S.
Government.
Section 2 The Company agrees to give the Union a copy of the Company's written personnel policies and copies of the job descriptions for all classifications in the bargaining units. If no job description exists for a job classification, it will be immediately negotiated jointly by the Union and the Company.
Section 3 Supervisors and other personnel outside the bargaining unit shall not perform bargaining unit work. The parties to this Agreement recognize, however, that such activity may be necessary from time to time to ensure the efficient and profitable operation of the Company and therefore, agree that such activity is not in violation of the provisions of this Agreement only in extreme emergency conditions; e.g., severe weather conditions are such that employees are not able to get to the job site to work their shifts.
Section 4 Pay Period and Pay Day The Pay Period and Pay Day shall be semi-monthly.
Section 5 Employees who are discharged from the service of the Company shall receiver their wages and personal property according to the applicable laws of that state. No employee who resigns will receive any wages until he/she has furnished proof that his/her files at the installation's Security have been cleared and all badges/passes surrendered and has cleared the Company's property files. No wages will be released until all uniforms are turned into the Company.
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ARTICLE XXV - NO STRIKES NO LOCKOUTS
Section 1 It is the intent and purpose of the parties hereto, set forth herein, this National Agreement covering wages, hours of work and other terms and conditions of employment to be observed by the parties and to provide a procedure for the prompt and equitable resolution of disputes and grievances arising between the parties. Accordingly, it is agreed that there shall be no interruptions in, or impediments to, the Company's operations or any stoppages, strikes or lockouts during the life of this Agreement arising out of such disputes or grievances. Instead, such disputes and grievances shall be peacefully resolved under the grievance procedure provided in Article VII.
Section 2 It is agreed that in all cases of any unauthorized strikes, slowdowns, walkouts or any other unauthorized acts of employees of the Company, or of any affiliated Union and/or District Council, or official thereof, the Union shall promptly undertake to induce employees to return to their jobs and to process any dispute under Article VII and no liability shall attach to the Union unless, and until, any such unauthorized act has been expressly ratified by the Union.
ARTICLE XXVI - INVALIDITY
In the event that any term or provision of this Agreement shall be declared in violation of federal or state law, or shall, through action of any federal or state legislation become unlawful, such term or provision shall be void and of no effect in that particular jurisdiction. All other terms and conditions of this Agreement shall remain in full force and effect. In the event any authorized Government Agency or court of competent jurisdiction determines that the wages and the fringe benefits contained in the local Addendum attached hereto are improper, the Company shall be obligated to pay only the wages and fringe benefits specified in the appropriate wage determination issued by the Department of Labor.
ARTICLE XXVII - PHYSICAL EXAMINATION
If required by the Contracting Agency, the Company may require an employee to undergo a physical examination and it…
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