Attachment_8_-_Collective_Bargaining_Agreement_16-R-0012_DPW_Benning_BASOPS.pdf

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

COLUMBUS METAL TRADES COUNCIL, AFL-CIO

AND

TIYA SUPPORT SERVICES, LLC

And

SHAW ENVIRONMENTAL & INFRASTRUCTURE, INC.

Fort Benning, Contract

W911SE-10-C-0011

TABLE OF CONTENTS

ARTICLE 1 Agreement ARTICLE 2 Union Recognition and Scope of Agreement ARTICLE 3 Union Security ARTICLE 4 Management Rights ARTICLE 5 Non-Discrimination ARTICLE 6 Union Representation ARTICLE 7 Disciplinary Action ARTICLE 8 Grievance Procedure & Arbitration ARTICLE 9 Seniority ARTICLE 10 Recall ARTICLE 11 Temporary Transfers ARTICLE 12 Promotions ARTICLE 13 Leave of Absence ARTICLE 14 Wages ARTICLE 15 Fringe Benefits ARTICLE 16 Shift Differential ARTICLE 17 Shift Scheduling, Basic Workweek and Hours of Work ARTICLE 18 Show Up, Reporting and Call In Pay ARTICLE 19 Overtime ARTICLE 20 Holidays ARTICLE 21 Vacations ARTICLE 22 Sick Leave ARTICLE 23 Bereavement Leave ARTICLE 24 Job Classifications ARTICLE 25 Hiring of Employees ARTICLE 26 Miscellaneous ARTICLE 27 Bargaining Unit Work ARTICLE 28 No Strikes - No Lockouts ARTICLE 29 General Savings Clause ARTICLE 30 Term of Agreement

ARTICLE 1

AGREEMENT

THIS AGREEMENT, made and entered into this 11th day of April 2011 by and between Tiya Support Services, LLC. and its successors and assigns and its team subcontractor Shaw Environmental & Infrastructure, Inc. (hereinafter referred to as “Employer”), and the COLUMBUS METAL TRADES COUNCIL (hereinafter referred to collectively as “Union”), IS

FOR THE PURPOSE OF SETTING FORTH BASIC PROVISIONS COVERING WAGES,

HOURS OF WORK AND TERMS AND CONDITIONS OF EMPLOYMENT TO BE

OBSERVED BETWEEN THE PARTIES HERETO. Further, it is to provide procedures for prompt and equitable adjustments of grievances or disputes arising out of the interpretation or application of this Agreement.

ARTICLE 2

UNION RECOGNITION AND SCOPE OF AGREEMENT

Employer recognizes the Union as the sole exclusive collective bargaining representative of the classifications of employees covered by this Agreement with respect to wages, hours and other terms and conditions of employment. Said classifications of employees are specifically identified within this Agreement.

This Agreement applies to bargaining unit work performed by Employer at Fort Benning, Georgia under the terms of Contract W911SE-10-C-0011.

Employer agrees that during the term of this Agreement, it will not subcontract work the kind and character performed by the Bargaining Unit for the sole purpose of laying-off Bargaining Unit employees. It is the intention of Employer to continue subcontracting work where Employer determines that such work cannot be effectively and economically performed by its own employees due to lack of time, skills, tools, equipment, facilities, or availability of manpower. This Article has no effect, nor is intended to affect those situations when the Government or Customer, as opposed to Employer, expressly directs Employer to subcontract out work which is normally performed by Bargaining Unit employees.

It is understood by all parties that each Employer shall be solely responsible for its own actions, labor relations and management. Further, under no circumstances shall either Employer be liable for any grievances, complaints, judgments, arbitration and other awards, or penalties levied against the other Employer.

The parties, Employer (“Employer”) and the Columbus Metal Trades Council, AFL-CIO, and its Local Unions (“Union”), mutually agree to adopt a position of neutrality in the event the Union seeks to represent employees of the Employer not presently represented by the Union in collective bargaining.

Neutrality is hereby defined to mean that neither party will attack or communicate anything of a negative or derogatory nature about the other party (including the other party’s motives, integrity, character or performance) or labor unions or employers generally. In addition, neither party will engage in threats, misrepresentations, or delaying tactics to frustrate the desires of the employees. Neither party will provide any support or assistance of any kind to any person or group which is opposed to the principles of this agreement. Finally, neutrality also means that neither party will commit an unfair labor practice.

ARTICLE 3

UNION SECURITY

Section 1. All present employees who are members of the Union, on the effective date of this Agreement, shall remain members as a condition of employment. All present employees who are not members of the Union shall, as a condition of employment, become members of the Union no later than the thirty first (31st) day of their employment.

Membership means the payment of an amount of money equal to the affiliated Local Union's regular and uniformly imposed initiation fees and dues. Failure to comply with this requirement shall result in discharge of the employee upon written notification to the Employer by the Union, that an employee has failed to tender the appropriate dues and fees uniformly imposed upon all employees in the bargaining unit.

Section 2. The Union agrees to indemnify Employer for any costs, including legal fees, or liability incurred as a result of the Union's implementation and enforcement of the provisions of this Article.

Section 3. Employer agrees to honor checkoff cards, signed by individual employees, which authorize Employer to deduct from the employee's paycheck the dues and any other lawful fees and assessments as certified by the affiliated Local Union, and voluntarily contributions designated by the Employee and remit same within the time and manner and form as designated by the Union. The transmittals shall occur monthly and shall be accompanied by a list of names of those employees for whom such deductions have been made, and the amount deducted for each such employee. The Local Union agrees that in the event of any change in the Local Union's dues structure, it will notify the Employer twenty (20) days prior to the first (1st) pay period of the following month. The Union agrees to indemnify and hold harmless the Employer from any and all claims, actions and/or proceedings arising out of these deductions.

ARTICLE 4

MANAGEMENT RIGHTS

Employer retains the right to operate the Company, which shall include the right to hire, fire, and assign work, to take disciplinary action, up to and including discharge subject to the terms and conditions of this Agreement and further agrees that it will not use its management rights to abrogate, nullify or circumvent any part or portion of this Agreement.

Any of the rights, powers, functions, or authority not specifically abridged by the Agreement are retained by Employer.

All policies and matters affecting working conditions that are in existence at the time of this agreement shall remain in existence unless changed through negotiations. No new working conditions will be introduced by either party affecting the above conditions except by mutual agreement.

ARTICLE 5

NON- DISCRIMINATION

Neither Employer nor the Union shall discriminate against any employee on account of race, color, creed, national origin, political belief, gender, age, veteran’s status, genetics or disability or any other federal, state, or local law, ordinance or regulation relating to discrimination. All Employer policies, rules and interpretations of this Agreement shall be applied equally to employees in the bargaining unit.

ARTICLE 6

UNION REPRESENTATION

Section 1. The number and need of stewards shall be determined by the Metal Trades Council and appointments thereof will be made by the Metal Trades Council.

Section 2. The Metal Trades Council shall supply Employer in writing and shall maintain with Employer on a current basis, a complete list of all authorized stewards, together with the designation of the group of employees each is authorized to represent.

Section 3. The Employer agrees to recognize the officers and duly designated representatives of the Metal Trades Council and shall be kept advised, in writing, by the Metal Trades Council of the names of representatives.

Section 4. The Employer agrees that in the event it plans to transfer a steward, from one work shift and/or shop to another for a period of more than 2 consecutive work days, it will inform the Columbus Metal Trades Council two (2) calendar days prior to taking such action, except when emergency conditions or requirements preclude such advance notification.

Section 5. Authorized representatives of the Metal Trades Council shall have access to Employer’s establishment during working hours for the purpose of adjusting disputes, investigating working conditions, collection of dues, and ascertaining that the Agreement is being adhered to, provided however, that advance notice will be given so that such visits do not unduly interfere with Employer’s operation. All visits are subject to Government regulations.

Section 6. It is agreed upon and understood that Stewards and Chief Stewards shall be a productive, contributing and working employees of Employer subject to all the normal and usual rules and regulations of any other employee. However, the Stewards shall be granted time off during duty hours to carry out their authorized representational responsibilities to the employees in the unit. Employees who are otherwise in a duty status will remain in that status when discussing a grievance with Council representative and/or meeting with representatives of the Employer.

Section 7. Each Steward’s activities will normally be within his assigned work area or activity.

When it becomes necessary for a Steward to leave his work site on appropriate matters related to his representational duties, he will request permission, from the appropriate supervisor, advise where he is going, how long he expects to be gone, and the general nature of his business. Upon entering a work area other than his own, the Steward will first advise the appropriate supervisor of his presence and the name of the employee to be contacted. Time off will be granted unless compelling work commitments dictate otherwise. If permission is denied, the Steward will be informed of the reasons for the denial and when he can expect to see the employee, normally within two (2) hours.

ARTICLE 7

DISCIPLINARY ACTION

Employer

Disciplinary Guidelines Employees at Fort Benning

Section 1. No employee shall be disciplined without just cause. All employees are to be disciplined within a timely manner in order to protect their right to due process. Any disciplinary action not taken up within five (5) business days from the date of the infraction or the date it is known to have occurred shall not be considered at a later date. It is understood that disciplinary actions are not to be taken to punish the employee but to serve as corrective action.

Disciplinary actions are to be progressive with the minimum penalty selected to correct the offending employee, in accordance with the following chart:

Disciplinary Action Steps 1 Verbal statement initiating warning 2 Written counseling 3 Suspension without pay 4 Termination

Section 2. All employees shall have the right to contest their disciplinary action(s) through the grievance procedure.

Section 3. Employer agrees that at the time it is proposed to discipline an employee, all charges shall be reduced to writing and a copy provided to the employee and the Union. Included with the charges shall be any and all supporting documentation relied upon to take the disciplinary action.

Section 4. An employee is entitled to have all references of any disciplinary action, formal or informal, removed from his or her personnel files upon the effective date of this Agreement.

Section 5. Employer recognizes that the privacy of the employees are of paramount importance to the individuals and therefore all official disciplinary files will be kept within Employer’s Human Resources only. Supervisors will not be permitted to maintain a book on the employees unless all entries are made known to the individual at the time of entry.

Section 6. No employee shall be disciplined for failure to respond to a “call in” through the “Essential Employee Program”, unless Employer can show that the failure to report was due to negligence or willful disobedience.

Section 7. Inasmuch as Employer performs work for the U.S. Government and in accordance with the contract, Employer is responsible for the conduct of its employees. The Government may direct Employer to remove certain individuals for violating Government regulations or laws.

It is understood that Employer may terminate any employee if directed to do so by the Government under the provisions of its Contract or if the Government denies the employee access to any of the work sites. Employer and Union agree to intercede collectively on the employee's behalf if there are extenuating circumstances that, in the opinion of the Parties, tend to make the decision made by the Government unfair to the employee.

ARTICLE 8

GRIEVANCE PROCEDURE AND ARBITRATION

Section 1. The parties to this Agreement, in the interest of resolving all 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: Employee shall promptly report to their steward any complaint, dispute or grievance, which they believe requires adjustment. The steward shall promptly investigate to ascertain whether the complaint has merit and report the results thereof to the President of the Metal Trades Council or his designee. The Union shall be the sole judge as to the validity of any grievance and in the event the Metal Trades Council President or his designee believes the grievance has merit shall promptly attempt to resolve the dispute with the Project Manager.

Employer shall answer the grievance within five (5) business days. If the dispute is not resolved, the matter shall be referred in writing by the Union to Step Two, within ten (10) business days of the alleged violation. If the matter is not referred within ten (10) business days of the alleged violation, the matters shall be closed.

Step Two: The Metal Trades Council President or his designee shall refer the matter in writing to Employer’s Labor Relations Manager or designee. The parties will then meet within ten (10) business days in an effort to settle the grievance. If no satisfactory settlement is arrived at within five (5) business days of the parties’ meeting, the Union may within five (5) additional business days, refer the matter to Step Three, Arbitration. The Metal Trades Council, or his designee, shall have full authority to determine whether or not the Union wishes to process the grievance to Step Three, Arbitration.

Prior to submitting a grievance to arbitration, the Union and Employer may elect to utilize the services of the Federal Mediation and Conciliation Service (“FMCS”) to mediate the dispute.

Step Three - Arbitration:

Section 1. Any matter not resolved in accordance with the above procedure may be submitted to binding arbitration. The party requesting arbitration must do so within thirty (30) calendar days from the receipt of the final answer at Step Two. Any matter not submitted to arbitration within the initial thirty (30) calendar days, and in the absence of a mutually agreed upon written extension, shall not be considered at a later date and the matter shall be considered to be closed.

Section 2. The party requesting arbitration shall request The Federal Mediation and Conciliation Service (“FMCS”) to furnish the parities with a list of seven (7) arbitrators. The parties will alternately delete the names until only one (1) name remains on the list. The right to strike the first name shall be determined by a flip of a coin.

Section 3. The arbitrator will be requested to render his or her decision and award in writing within thirty (30) calendar days of the conclusion of the hearing.

Section 4. All fees and expenses of the arbitrator shall be shared equally by the parties. The arbitration shall be conducted during the normal first shift business hours of Employer and held at Employer’s facilities. Employer agrees to make available all witnesses determined necessary and relevant for the arbitration.

Section 5. In those cases where either party deems it necessary, it may arrange that a transcript of the hearing be made by a qualified court reporter. The party making such agreement shall bear the full cost thereof.

Section 6. The arbitrator shall have no power to add to, subtract from, or in any way modify the terms of this agreement. Arbitration as used herein shall be final and binding.

ARTICLE 9

SENIORITY

Section 1. Seniority is understood to be the employee’s length of continuous service with Employer or predecessor contractor(s) in a classification represented by the Union. Employees having the same hire date shall have their seniority determined based upon hire date and the last four( (4) digits of their Social Security number (highest number determining highest seniority).

Section 2. 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 fails to report to work as scheduled, or over-stays an authorized leave of absence, without notifying Employer for three (3) consecutive workdays unless extenuating circumstances exist.

(d) If an employee is laid off for more than 180 days.

Section 3. Employer will within thirty (30) calendar days after signing this Agreement and each thirty (30) calendar days thereafter, provide the Union with an up-to-date seniority list arranged according to Employees’ seniority, classification and rate of pay.

Section 4. All employees hired by Employer after the effective date of this Agreement shall serve a ninety (90) day probationary period during which he or she may be terminated without any right of appeal through the Negotiated Grievance Procedure.

ARTICLE 10

LAYOFF AND RECALL

Section 1. When it becomes necessary to lay-off employees or to recall employees from layoff, it will be done by seniority by classification.

Section 2. Employees that are laid off will be reclassified by Employer, seniority permitting, to the classification that they are best qualified to fill.

Section 3. When recalling employees, Employer will notify both the employee and the Union office and request that the employee call within two (2) business days (Monday through Friday) with their intent to report for work, employee shall then report for work within seventy-two (72) hours unless delayed by unforeseen circumstances. All employees shall be responsible for keeping Employer informed of their correct address and phone number(s) where he or she may be reached.

Section 4. When it becomes necessary to seek a reduction in the workforce, prior to effecting such reduction, all temporary employees, contractor personnel, and others not part of the bargaining unit occupying positions identified for work force reduction shall be laid off first before any permanent employee is laid off.

ARTICLE 11

TEMPORARY TRANSFERS AND UPGRADES

An employee who is temporarily upgraded to a job classification carrying a rate of pay higher than his regular classification shall receive the rate of pay applicable to the temporary job for all time worked in that temporary job. At the conclusion of the temporary upgrade, the employee will be returned to his original position of record and his original rate of pay restored. If an employee is temporarily transferred to a classification carrying a lower rate or same rate of pay the employee shall continue to receive his regular rate of pay. Such actions shall be deemed to be temporary transfer, not to exceed ninety (90) calendar days.

It is not the intent of Employer to temporary transfer employees for extended periods of time to circumvent the principles of internal promotions.

ARTICLE 12

JOB VACANCIES

Section 1. When the Employer determines that a vacancy exists within a classification covered by this Agreement, a notice of the vacancy shall be posted (on all bulletin boards) for a period of five (5) business days so as to provide adequate notice to all bargaining unit employees. Any bargaining unit employee may apply for the position by submitting a completed job application form to Employer’s Human Resources. The employee will be given a copy of the application upon request. Job postings will include the specific criteria and qualifications for the existing job vacancy. The selection of the individual(s) for the posted position(s) will be consistent with the job requirements of the position.

Section 2. In filling a job vacancy, the Employer will first give consideration to qualified and suitably trained and certified employees in the unit.

Section 3. Employer shall notify the Union office when a decision has been made to fill a vacancy. Such notice shall include the employee or individual awarded the position, effective date of hire and a list of those internal candidates having applied for the vacancy. It is understood by Employer that when an employee is promoted to a supervisory (non-bargaining unit) position, his or her union dues will be stopped immediately.

Section 4. Selection will be made from those groups unless an outside applicant is clearly better qualified, as determined by Management.

Section 5. Employer will fill all lead positions from the bargaining unit.

ARTICLE 13

LEAVE OF ABSENCE

Section 1. Personal Leave of Absence

A personal leave of absence, without pay for reasonable cause or for Union activities, will be granted for a period up to ninety (90) days, with written approval of the Project Manager, at least fifteen (15) days in advance of such leave of absence, provided the employee’s supervisor concurs that the employee can be spared from his/her regularly assigned job duties. Employees who are away for a period longer than the term of the leave of absence, or who accept employment elsewhere without permission of Employer during such leave of absence, shall be considered to have voluntarily terminated their employment with Employer. Leave of absence shall not cause a change in seniority date. However, there shall be no accrual of benefits, no holiday pay for any holiday that falls during the period of leave, and no payment of wages/fringe benefits. Employees on a personal leave of absence may continue their medical insurance at their own expense.

Section 2. Military Leave of Absence

(a) Employer and 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 Employer.

(b) Employees who are members of the National Guard or Military Reserve Units shall be granted necessary time off in order to 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. Employees will not receive their regular pay during such leaves of absence; however, their seniority will not be affected during such periods and will continue as if the employee had not been absent during such periods.

Employees may elect to use earned vacation benefits (if eligible) during periods of military service.

Section 3. Family Medical Leave Act

The Employer will comply with the requirements of the Family Medical Leave Act (FMLA).

Section 4. Reasonable Accommodation

The Employer will comply with the requirements of the Americans with Disabilities Act.

ARTICLE 14

WAGES

Section 1. The classifications and regular straight time hourly rates of pay for all employees under this Agreement are listed in Appendix A.

Section 2. Lead persons shall be working members of a group responsible for leading, directing, instructing, on-the-job training, checking and approving the work of his or her group.

Employees working in a lead position will receive no less than one dollar ($1.00) per hour in addition to their straight time hourly rate. It shall be the sole prerogative of the Employer to evaluate and determine each lead individual’s premium based upon qualifications, skills and job responsibilities.

Section 3. The Employer shall reimburse any employee who is required to have a Federal, State or Local Government certification or license as a job requirement within their job classification the cost of the certification or license.

Section 4. Employer shall pay the appropriate hazard differential established through the Service Contract Act Wage Determinations. Such payment shall be triggered by Government Agency information supplied to Employer.

ARTICLE 15

FRINGE BENEFITS

Employees covered by this Agreement shall have the amount of five dollars and eighty cents ($5.80) contributed on their behalf, for each regular work hour, to a maximum of forty (40) hours per week, to a third party benefit plan administrator. Each employee will be provided with a written summary of Core Benefit Plans and the Voluntary Benefits Plans available to them.

For those employees who work a minimum of forty (40) hours per week, Employers will pay 100% of any Employee out of pocket costs regarding health insurance premiums above $5.80, to include ADD, dental, and vision. Benefits accrue on hours paid.

Employer and Union agree to form a joint committee in the interest of determining the best viable options for Insurance coverage and third party administrator. This committee shall meet no less than quarterly.

ARTICLE 16

SHIFT DIFFERENTIAL

Section 1. Any employee who works the second shift shall receive a shift differential of ten (10) per cent per hour in addition to their regular straight time hourly rate. Any employee who works the third shift shall receive a shift differential of twelve (12) per cent per hour in addition to their regular straight time hourly rate.

Section 2. For the purpose of Shift Differentials, shifts starting between the hours of 0600 and 1200 are considered first shift. Shifts starting between the hours of 1201 and 2300 are second shift, and shifts starting between 2301 and 0559 will be considered third shift. Management reserves the right to modify shift starting times as necessary to accommodate varied contract conditions.

ARTICLE 17

SHIFT SCHEDULING, BASIC WORKWEEK & HOURS OF WORK

All employees shall be assigned to work in accordance with the hours of work and shifts determined by Employer for each location.

Section 1. Workweek

The regular workweek for all employees shall begin 12:01 a.m. Monday morning and end at 12:00 p.m. midnight on Sunday night. Employer will make every effort in scheduling to ensure that no employee works more than seven (7) consecutive days. Due to the inconsistent tasks and scheduling required by the contracting agency, the Union recognizes that it is impossible to place all of Employer’s employees on a forty (40) hour workweek. However, Employer agrees to place as many employees as possible on a forty (40) hour, five (5) days per week schedule, consistent with workload and contract requirements.

Section 2. Days Off

Each full time employee shall have two (2) consecutive scheduled days off in each regular workweek. Employer must notify the affected employee at least two (2) calendar days in advance of any change in regular scheduled days off, except in those instances where workload surges or emergency conditions do not allow for 2 days advance notice. 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. Employer will make every reasonable effort to arrange work schedules so that a maximum number of employees will be off duty on Saturdays and Sundays, consistent with operational requirements.

Section 3. Shifts

Shifts for all regular employees shall be established as follows:

(a) Shifts will be established by Employer to best accomplish the task and frequency requirements.

(b) Employees transferred from one shift to another shall receive at least twenty-four (24) hours notice except during an emergency.

(c) Emergency Discontinuance of Operation - In the event of an emergency (e.g., severe weather conditions) requiring the discontinuance of Employer’s operations, employees who are not considered to be "Emergency Essential Personnel" as defined by management will be released from work and/or will be excused from their obligation to report for work until otherwise notified by Employer to report back to work.

(d) There shall be a fifteen (15) minute rest period during the first half of each employee’s shift and a fifteen (15) minute rest period during the second half of each employee’s shift. Such rest periods shall be taken without loss of pay. Employees will not stop work and then travel to their respective shop areas or break rooms for these breaks. Instead, employees will cease working and will take the breaks at the location at which they find themselves when the break period begins, unless special circumstances or conditions warrant traveling a short distance before taking the break.

(e) No employee shall be required to work more than four (4) hours without a lunch period. Meal periods shall be one half (1/2) hour and shall be without pay.

(f) When an employee works beyond the end of his/her shift, the employee shall be afforded a one half (1/2) hour unpaid meal period after the first two (2) hours of such work.

(g) The Employer shall allot fifteen (15) minutes of time for cleanup and storage of work tools and equipment at the end of the shift.

ARTICLE 18

SHOW UP, REPORTING AND CALL IN PAY

Section 1. Any employee reporting for work at the regular starting time when they have not been notified not to report, and for whom no work is provided, shall receive three (3) hours pay at their regular hourly rate.

Section 2. Any employee reporting for work at the regular starting time, and who is placed at work, shall be paid for no less than three (3) hours at their regular rate, even though three (3) hours have not been worked. If more than three (3) hours are worked in any one shift, an employee shall receive pay for actual hours worked.

Section 3. If an on-call employee is required to report to Ft. Benning to accomplish emergency work, the employee will be compensated for a minimum of 3 hours of overtime compensation.

If the emergency work takes longer than 3 hours, the employee will receive overtime compensation for the number of hours worked. If the employee is called to Fort Benning more than one time per day, the employee will be compensated for 3 hours minimum overtime for each time required to report to perform emergency work.

Section 4. Any employee required to carry a beeper provided by the Employer shall be paid one

(1) hour of pay at the overtime rate for each weekday. Employees required to carry a beeper provided by the Employer on a holiday and weekends shall be paid two (2) hours at the overtime rate pay for each weekend day or holiday. Failure of the employee to respond to an after-hours page or telephone call may result in disciplinary action and forfeiture of beeper pay.

ARTICLE 19

OVERTIME

Overtime shall be paid at the rate of one and one half (1-1/2) times the straight hourly rate.

Overtime shall be defined as all work performed in excess of forty (40) hours in any work week.

Employers will distribute overtime work on a rotational basis established through an employee list. Such list shall be initially developed by seniority. Accepting overtime or refusing overtime will move an employee from the top of the list to the bottom of the list.

ARTICLE 20

HOLIDAYS

Section 1. Employees shall be entitled to the number of paid holidays listed below. Any employee who is absent without an acceptable excuse on the scheduled workday immediately preceding or immediately following a holiday shall forfeit their right to be paid for such holiday.

If an employee is prevented from working on the workday immediately preceding or immediately following a holiday because of illness attested to by a physician, or by death in his/her immediate family, such fact shall constitute an acceptable excuse.

Section 2. The Federal holidays listed below will be observed as non-work days. Whenever such holidays fall on a Saturday or Sunday and the Employer does not normally operate on such days, the closest workday shall be deemed to be the holiday.

(1) New Year’s Day (6) Labor Day

(2) Martin Luther King’s Birthday (7) Columbus Day

(3) President’s Day (8) Veterans Day

(4) Memorial Day (9) Thanksgiving Day

(5) Independence Day (10) Christmas Day

Section 3. Employees working on a holiday within their basic work week (40 hours or less) will receive the same pay as they would normally receive on a regular work day, plus a regular day’s pay in lieu of the day off.

Section 4. Employees working on a holiday beyond their basic work week, meaning a sixth (6th) or seventh (7th) day, and in excess of forty (40) hours, shall receive payment at the rate of time and one half (1-1/2) for that day, plus a regular day’s pay in lieu of the day off.

ARTICLE 21

VACATIONS

Section 1. All employees shall receive paid vacation as follows:

1. Eighty (80) hours pay after one (1) year at the employee’s straight time hourly rate plus any shift differentials and lead pay.

2. One hundred twenty (120) hours pay after five (5) years at the employee’s straight time hourly rate plus any differentials and lead pay.

3. One hundred sixty (160) hours pay after fifteen (15) years at the employee’s straight time hourly rate plus any differentials and lead pay.

4. Forty (40) additional hours for every five (5) additional years after fifteen

(15) years of service.

Section 2. The Employer will permit employees to schedule their vacation in advance subject to Employer’s approval. This vacation schedule shall be approved no later than March 15 of each year. In the selection of vacation times, the employee’s seniority shall be the determining factor.

Once the vacation schedule is completed and approved, it cannot be arbitrarily changed by the Employer or Employee. Employees shall not be required to schedule their vacation in advance, as stated above, but when seeking unscheduled vacation at a later date, previously approved vacations shall be recognized first.

ARTICLE 22

SICK LEAVE

Section 1. All employees who have completed their probationary period will receive five (5) days annually effective April 11, 2011.

Section 2. New hires will be entitled to five (5) days sick leave after completion of their ninety

(90) day probationary period.

Section 3. At the end of each year, unused annual sick days will be paid during the month of January.

ARTICLE 23

BEREAVEMENT LEAVE

Section 1. In the case of a death in the immediate family of an employee, Employer will pay the employee straight time pay not to exceed three (3) consecutive work days total pay per year. The three day period must be consecutive work days, one of which is the date of the funeral.

Verification of death may be requested by the Company. Employees will be paid the hours they are regularly scheduled to work. For purpose of this Article, immediate family is defined as his or her mother, father, stepparent, spouse, son, daughter, stepson, stepdaughter, grandchild, grandparent, brother, sister, mother-in-law, father-in-law, spouse’s grandparent or a member of his or her immediate family through adoption or guardianship. Additional time off with pay is subject to approval by the Project Manager.

Section 2. All employees who have completed their probationary period will be entitled to three

(3) days effective April 11, 2011.

Section 3. New hires will be entitled to three (3) days per year of bereavement pay after completion of their ninety (90) day probationary period.

ARTICLE 24

JOB CLASSIFICATIONS

Upon the effective date of this Agreement, there shall be no changes made to the existing classifications of bargaining unit employees during the life of this Agreement unless mutually agreed to by the parties. All authorized and approved classifications are found in Appendix A of this Agreement.

ARTICLE 25

HIRING OF EMPLOYEES

Section 1. The Employer agrees that it will afford each appropriate Union the opportunity to refer applicants for employment for bargaining unit classifications (exclusive of Lead Persons) as the need arises. Once the appropriate Union has been contacted by the Employer concerning a request for any applicant(s), the Union shall have forty-eight (48) hours to refer such applicant(s) to the Employer.

In the event that the appropriate Union is unable to refer an applicant(s) for employment as requested by the Employer within forty-eight (48) hours, the Employer may obtain applicants from any source. Notwithstanding any other provisions contained herein, the Employer retains the exclusive right to reject any applicant for Employment.

Section 2. Selection of applicants for referral by the Union shall be on a non-discriminatory basis and shall not be based on, or in any way affected by, union membership, bylaws, rules, regulations, constitutional provisions, or any other aspect of union membership, policies or requirements. There shall be no discrimination against any applicant for employment because of membership or non-membership in the union or based upon race, creed, sex, age or national origin of such applicant.

Section 3. Employer will furnish the Union with the names and addresses of newly hired employees.

Section 4. When Employer is awarded a new Service Contract for work covered by a collective bargaining agreement between a predecessor contractor and the Union, the Employer agrees to retain all qualified, properly trained and certified (as required) employees of the predecessor contractor for performance of the Service Contract. The determination of the qualifications of a potential employee will be the sole responsibility of the Employer. If fewer than all are to be retained, Seniority may be considered as a factor in the retention of employees.

Section 5. Employer will, as part of its new hire orientation, provide the Union President or his or her representative up to fifteen (15) minutes during new hire orientation in order to provide the new employee(s) with information regarding the Union.

Section 6. In the event that it becomes necessary for Employer to retain a Temporary Agency to fill support needs, such temporary personnel shall not exceed ninety (90) days of work. Should it become necessary to exceed the ninety (90) days of work, Employer shall confer with the Union regarding the specific circumstances requiring such extension. Any such extension must be mutually agreed upon by the Employer and the Union.

ARTICLE 26

MISCELLANEOUS

Section 1. Employer will provide areas within assigned facilities where employees may eat their meals at their regularly scheduled times, provided such facilities are made available by the U.S.

Government.

Section 2. All compensation payable to an employee hereunder shall be paid weekly, starting with the second full week of employment. Employer will offer and all employees are encouraged to sign up for direct deposit.

Section 3. Employees who are discharged by Employer shall receive their wages and personal property in full within seven (7) days after termination. Employees who voluntarily resign without urgent reason will receive their wages on the next regular pay day, but may receive their personal property within three (3) days of quitting. No employee who is discharged or resigns will receive any wages until all keys, badges, passes and other property of Employer have been surrendered, and he/she has cleared Employer’s property files.

Section 4. Employer may require an employee to undergo a physical examination. Employer shall also have the right to select the examining physician, to request the physician to conduct specific required tests or examinations, and to receive a written report from the physician as to the physician’s findings. Such reports shall be considered confidential and shall be protected by Employer accordingly to prevent unauthorized release of proprietary information. The total cost of such physical examinations shall be borne by Employer.

Section 5. Employer and the Union agree that they will cooperate in the enforcement of health and safety standards and rules that may be established by Employer in compliance with OSHA, EPA or other statutory regulations. Employer shall provide all safety equipment required by Employer, Army or other government authority.

ARTICLE 27

BARGAINING UNIT WORK

It is hereby agreed that members of supervision will devote themselves to their duties as a supervisor. Non-bargaining unit employee(s) shall not perform bargaining unit work. This prohibition shall not preclude Employer supervisory personnel from taking action in extenuating circumstances to assure fulfillment of Employer’s obligation to perform Employer’s scope of work.

ARTICLE 28

NO STRIKES - NO LOCKOUTS

Section 1. It is agreed that there shall be no interruptions in, or impediments to, Employer’s operations nor shall there be any stoppages, strikes, or lockouts during the life of this Agreement arising out of disputes or grievances. Instead, such disputes and grievances shall be peacefully resolved under the grievance procedure provided in Article 8.

Section 2. It is agreed that in all cases of any unauthorized strikes, slowdowns, walkouts, or any other unauthorized acts of the employees of Employer, or of the Union or official thereof, the Union shall promptly undertake to induce employees to return to their jobs and to process any dispute under Article 8. No liability shall attach to the Union unless, and until, any such unauthorized act has been expressly ratified by the Union. The Employer acknowledges that stewards are not authorized to act for the Union in connection with any strike, slowdown or other job action, or in connection with amending the terms of this Agreement.

ARTICLE 29

GENERAL SAVINGS CLAUSE

If any Article or provision of this Agreement shall be declared invalid, inoperative or unenforceable by any competent authority of the executive, legislative, judicial or administrative branch of the federal or state government, Employer and the Union shall suspend the operation of such Article or provision during the period of its invalidity and shall substitute, by mutual consent, in its place and stead an Article or provision which will meet the objections to its validity and which will be in accord, with the intent and purpose of the Article or provision in question.

If any Article or provision of this Agreement shall be held invalid, inoperative or unenforceable by the operation of law or by any of the above mentioned tribunals of competent jurisdiction, the remainder of this Agreement or the application of such Article or provision to persons or circumstances other that those as to which it has been held invalid, inoperative or unenforceable, shall not be affected thereby.

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