J.1_COLLECTIVE_BARGAINING_AGREEMENT.pdf

Collective Bargaining Agreement Between

EMCOR Government Services Inc.

Fort Huachuca, Arizona

Subcontractors Also Joining:

Tigua Enterprises, Inc And

Antin Government Contracting Group, LLC

PREAMBLE

This Agreement entered into this 15th day of April 2013 by and between EMCOR Government Services, Inc. (hereinafter referred to as the "Company"), and American Federation of Government Employees, AFL-CIO Local 1662 (hereinafter referred to as the “union”) as representatives of the employee members in classifications listed in Appendix A. This Agreement covers work assigned to the Company by the United States Army, under the Directorate of Public Works Support Services Contract at Fort Huachuca, Arizona.

Whereas, the Union has been designated by the employees in the classifications listed in Appendix A as the sole collective bargaining agent with respect to wages, hours, and working conditions of employment, and whereas, the parties desire to establish harmonious relations and to provide a peaceful method for the resolution of any disputes and grievances which may arise, and by both parties and for the mutual benefit of both.

Two principal subcontractors are additional signatories to this Agreement. They are Tigua EnterprisInc whose offices are at 1025 Wall Street, El Paso, TX 79915 (and) Antin Government Contracting Group, LLC whose offices are at 9666 Business Park Drive,Suite 110, San Diego, CA 92131.

NOW, THEREFORE, in consideration of the mutual promises and Agreements herein contained, the parties hereto agree to as follows:

ARTICLE 1

RECOGNITION AND MEMBERSHIP

1.0 The Employer hereby recognizes the Union as the sole and exclusive collective bargaining agent of the employees covered by this Agreement for the purpose of collective bargaining with respect to rates of pay, benefits and hours of employment.

1.1 The term "employee" as used herein shall include only those individuals, employed on the Fort Huachuca DPW Contract in the job classifications listed in Schedule A.

1.2 Excluded are temporary employees (defined as employees working 120 days or less), confidential employees, managerial employees, guards and supervisors as defined by the National Labor Relations Act of 1947 or by this Agreement.

ARTICLE 2

DURATION OF AGREEMENT

2.0 This Agreement shall take effect when signed by the Parties and shall remain in effect through October 31, 2015, unless changed or terminated.

2.1 Either party desiring to change or terminate this Agreement must notify the other in writing at least sixty (60) days prior to October 31, 2015. When Notice for changes only is given, the nature of the changes desired must be specified in the Notice and until a satisfactory conclusion is reached in the matter of such changes, the original provision shall remain in full force and effect. Neither party hereto may reopen this Agreement for negotiations on any issue, either economic or non-economic, during this contract period or any extension thereof, except as provided in Section 2.3 below.

2.3 This Agreement shall be subject to amendments at any time by mutual consent of the parties hereto. Any such amendment agreed upon shall be reduced to writing and signed by the parties hereto.

2.4 Any matters not included in this Agreement may be considered allowable for future negotiations upon written notice to the other party.

2.5 SUCCESSORSHIP - This Agreement shall be binding on any and all successors and/or assignees of the Company at the DPW Operations and Maintenance Project, whether by sale, acquisition, transfer, consolidation, subcontract, lease, receivership, bankruptcy, or otherwise and whether the transfer be the Company in its entirety, in part, or the Operations and Maintenance Project alone. The Company and DPW will make it a condition of transfer that the successor or assignees will be bound by the terms of this Agreement. It is the intent of the parties that this Agreement will remain in effect for its full term and bind the successor or assignees of the respective parties.

ARTICLE 3

MANAGEMENT RIGHTS

3.0 The management of the Company and the direction of the working force are vested solely and exclusively in the Company and shall not in any way be abridged, except as specific restrictions are set forth in this Agreement. (Similar management rights are afforded all subcontractors who are parties to this Agreement) The parties agree that the Company has the right to supervise employees, to hire employees, to promote employees, to discipline, suspend or discharge employees for proper cause, which includes misconduct, dishonesty, poor attendance, tardiness, safety procedure and/or policy violation(s), sub-standard job performance, to lay off employees for lack of work, to transfer employees, to assign employees, to determine services which employees shall perform, to direct, instruct and control employees, including, but not limited to the determination of the number and qualification of employees to perform work, the quality of work standards and the required employee performance to meet such standards, to assign overtime, to determine hours of work, to determine types of equipment, methods and procedures to be employed, to make and enforce reasonable rules to assure orderly and effective work and to perform all other functions in the administration, management, control and/or direction of the business.

3.1 Employees must be able to be issued and maintain a contractor badge by the client at Fort Huachuca DPW. If the employee is unable to obtain said contractor badge, or if it is revoked, the employee will be terminated or their offer of employment will be rescinded. Such discharge is not subject to the grievance and arbitration provisions listed in this Agreement.

3.2 The Management Rights do not preclude the Union from filing a grievance if the Union believes that exercise of such rights constitutes a violation of this Agreement or legal rights.

ARTICLE 4

PROBATIONARY PERIOD

4.0 All Company newly hired employees, to include former employees rehired after loss of seniority, will be regarded as probationary employees for the first ninety (90) calendar days of their employment.

4.1 Probationary employees may be terminated by the Company, with or without cause during or at the end of the probationary period, and the discharge may not be made the subject of grievance either by the employee or Union. Upon completing probation, an employee shall have full seniority retroactive to his most recent date of hire on the DPW Operation and Maintenance Contract at Fort Huachuca.

4.2 Probationary period shall not pertain to employees rehired during a contract changeover, or call back from lay off standby.

ARTICLE 5

UNION REPRESENTATION

5.0 Representatives of the Union shall have access to the job during working hours on Union business. They shall, as regulations on the site permit, obtain specific authorization for each visit from the Company prior to any visit. Although the Union may visit during working hours all Union business shall be conducted on a not to interfere with scheduled work basis.

5.1 The Union has the right to appoint it’s representatives. At a minimum, the union will indentify a primary representative and alternative representative at the Company. The Company shall be notified and furnished the name of the representatives in writing. The Company will deal with any such designated representatives until such designated steward has been revoked in writing by the Union. Such representative shall, after coordinating with his supervisor, be allowed reasonable time on-site during the regular working hours, not to exceed two (2) hours per week (except when performing investigation relating to a grievance), without loss of pay, to see that the terms and conditions of this Agreement are observed. In no event shall the presence of the steward disrupt or interfere with the work of the Company. No union representative shall be discriminated against by the Company because of his faithful performance of duties as steward.

ARTICLE 6

GRIEVANCE, MEDIATION AND ARBITRATION PROCEDURES

6.0 Any controversy, complaint, misunderstanding or dispute arising during the term of this Agreement as to the meaning, application or observance of any provision of this Agreement shall be grievable. It is not the intent of this Article to prohibit employees from discussing work related issues with their supervisors or their Union Stewards. Should such a grievance arise, it shall be taken up in the following manner:

STEP 1: The grievance must be initiated within fifteen (15) working days after the act or specific incident giving rise to the grievance is discovered or becomes known to the employee (e.g., the start date would be the date a letter or action or decision is presented to the employee). The grievance shall be presented in person with his Union representative present to the supervisor, using the mutually agree upon grievance form supplied by the Union. If the grievance is against the first line supervisor, the grievance will be presented to the second line supervisor as Sep 1 of the grievance procedure. The supervisor shall render a decision by completing the form within five (5) working days from receipt of the grievance.

STEP 2: If the decision reached in Step 1 is not satisfactory, the aggrieved party and the Union representative will be given the opportunity to present the grievance in writing within ten (10) working days after the completion of Step 1 to the next level supervisor. The management official involved will meet the aggrieved party, the Union representative, and the supervisor who heard the grievance. The management official will render his/her decision in writing to the aggrieved party within ten (10) working days after receipt of the grievance. A grievance concerning a Reduction in Force action shall begin at this step.

STEP 3: If the written decision at Step 2 is not satisfactory, the grievance from Step 2 may be forwarded within ten (10) working days from the date of receipt of Step 2 decision, by the aggrieved party and the Union representative, to the manage having authority to resolve the dispute. The appropriate manager shall render a decision in writing within fifteen (15) working days following receipt of the written grievance.

6.1 The parties agree that if a satisfactory settlement of a dispute is not reached after the grievance process has been followed the grieving party may invoke mediation within fourteen

(14) days. The Federal Mediation and Conciliation Service will be contacted by the grieving party or Union representative to provide a Mediator to hear the matter. Mediation will always be used before proceeding to Arbitration.

6.2 If the dispute is not resolved through Mediation, the grieving party may request that the Union invoke Arbitration. The Union has the sole and exclusive authority to invoke arbitration.

6.3 Should such a request be made, the Union, within thirty (30) calendar days of the demand will request the Federal Mediation and Conciliation Service to provide a panel of five (5) arbitrators from either or both California and Arizona only. Within seven (7) calendar days following receipt of such panel, both the Union and the Company representatives will alternately strike two (2) names each from the list. The party who demanded Arbitration shall strike first.

The remaining arbitrator will hear the dispute. The hearing will be scheduled in a expeditious manner. The decision of the arbitrator will be final and binding.

6.3.1 Arbitration and Mediation may only be invoked by the Company or the Union on behalf of Bargaining Unit employees. Individual employees or groups of employees cannot invoke arbitration or mediation on their own behalf at any time.

6.4 The following principles shall be observed in all arbitrations arising hereunder:

6.4.1 Any or all of the above-specified time limits may be extended by mutual consent of the parties to this Agreement in writing. If requested by the Union, the period of extension shall carry no back pay or benefit liability. If not so extended and when either party fails to meet the specified time limits, the delinquent party’s position shall be lost by default.

6.4.2 All witnesses shall be sworn.

6.4.3 The Arbitrator will hear and decide the issue presented, will render a written award for or against the party demanding Arbitration within thirty (30) days of the hearing and will state his/her reasons for such award. He will not mediate the dispute and will be limited to rendering a decision as aforesaid.

6.4.6 The fees and expenses of an arbitrator and any necessary expenses for required facilities and equipment for the mediation or arbitration proceedings shall be borne by both parties equally. However, should there be a judgment regarding lost pay, or back pay the Company will be solely responsible. Either party requesting withdrawal prior to commencement of the hearings shall be responsible to pay entirely any fees and expenses incurred for the arbitrator or required facilities and equipment reserved for the Arbitration proceedings, if any.

ARTICLE 7

UNION DUES AND CHECKOFF

7.0 All employees covered by this agreement who are or become members of the Union shall maintain their membership in the union in good standing for the duration of this agreement, provided however, that employees shall have a period January 1 through January 14th of each year to notify the Union and the Company in writing that he or she no longer desires to be a member of the Union.

7.1 Once an employee signs and submits a check-off authorization form to the company that allows union dues withholding from his or her pay check, union dues will be withheld until the employee notifies the Company in writing to stop withholding. The open period to submit a request to stop withholding shall be January 1 through January 14th of each year. The Company shall notify the Union of the employee’s desire in writing and then cease to deduct union dues from that employee’s pay check effective January 16th. The form used by the company shall be the found in Appendix B of this agreement.

7.2 The Union and the Company shall respect the agency of the employee with regard to union membership and neither party shall discriminate against any employee in any manner in regard to his choice of membership or non-membership in the Union.

ARTICLE 8

WORK HOURS

8.0 The work-week consists of forty (40) hours, Monday through Friday, 7:00 AM to 3:30 PM, a work shift being eight (8) hours. This article does not preclude the Company from setting different work schedules necessary to meet government or work demands.

8.1 The Employees will be allowed to take, on Company time, a fifteen (15) minute break during the first four (4) hours of an eight (8) hour shift and a fifteen (15) minute break during the second four (4) hours of an eight (8) hour shift. The Employee will be permitted a thirty (30) minute lunch break which will be considered unpaid time.

8.2 Shift employees that are required to work ten (10) hour shifts shall be entitled the aforementioned breaks.

ARTICLE 9

WAGES

9.0 Wage rates set forth in Appendix “A” attached hereto, and made a part hereof, are to be paid to those employees listed under Appendix “A” for the term of this Agreement.

9.1 Wages will be paid weekly. (Note: Subcontractors who are parties to this Agreement may choose bi-weekly pay in lieu of weekly). Each employee may choose to be paid by means of direct deposit or by check to be mailed to home address or delivered to the job site depending on employee designation. The data provided under the Company’s current payroll system will be made available to employees on their electronic pay stubs. The 401(k) data will be available on-line.

9.2 Overtime pay will be paid at a rate of one and a half (1.5) times the regular hourly rate for all hours worked over forty (40) hours per week. All overtime work shall be expressly approved by the Company.

9.3 Stand-by pay will be paid at a rate of $1.50 per each hour in stand-by status in thirty (30) minute increments. Stand-by pay shall cease at the point of the initial contact at which time the employee shall revert to the regular rate of overtime pay. Overtime pay will cease and the stand-by rate time resumes when the company or government vehicle and equipment are secured.

9.4 Call-out pay will be paid at a rate of one and a half (1.5) times the employee's regular straight time rate of pay for all time worked on call-out. Employees responding to a call-out will receive a minimum of two (2) hours pay. This does not apply if the hours are continuous with the start or end of the employee’s regular work shift.

9.4.1 Call-out pay shall be paid from the time of initial contact to completion of job, which occurs when the contractor or government vehicle and equipment are secured

9.5 The Company shall first seek volunteers for stand-by status. If no volunteers are available the Company reserves the right to assign stand-by personnel as deemed necessary to fulfill contract requirements.

9.6 Shift Differential. An employee is entitled to pay at his scheduled rate plus a night differential amounting to:

9.6.1 Three (3%) percent of that scheduled rate for regularly scheduled work a majority of the hours of which occur between 3:00PM and midnight.

9.6.2 Five (5%) percent of that scheduled rate for regularly scheduled work a majority of the hours of which occur between 11:00PM and 8:00AM.

9.7 Holiday pay: In the event an employee is scheduled to work on a designated holiday, whether it be the observed or actual holiday, (but not both) the employee will be paid for all hours of work performed at a rate of one and a half (1.5) times the employee’s regular straight time rate of pay, including any applicable shift differential. In addition, the employee will receive the holiday allowance of eight (8) or ten (10) hours for shift personnel at the employee’s regular straight time rate of pay.

9.8 When an employee is temporarily assigned to a lesser paying position, the employee shall continue to receive the regular rate of pay. When an employee is assigned to a higher paying position, the employee shall receive the higher rate of pay provided the employee is working in the higher position independently of a qualified craftsman.

9.9 In the event of an increase in the Department of Labor wage determinations for Cochise County, Arizona, where wages or health and welfare fringe exceeds the current CBA rate, the new SCA rate shall become effective once it has been included by contract modification by the

Government into the DPW contract. The new rate will then be incorporated into Appendix A.

ARTICLE 10

HEALTH AND WELFARE

10.0 The Health & Welfare fringe rates for each period are shown in Appendix A. Effective December 1, 2012, the Health & Welfare fringe credit will be for each hour paid to the employee up to a maximum of forty (40) hours per week. Fringe will not be calculated on unused vacation pay-out. The following sections describe the EMCOR health & welfare benefits programs.

Principal subcontractors Tigua and Antin will recognize the same health and welfare fringe rates per Appendix A but company benefit plans may vary from that of EMCOR. Sections 10.1 through 10.5 apply only to the Health and Welfare program of EMCOR.

10.1 Retirement Savings Plan:

Effective December 1, 2012, full-time and part-time eligible employees may participate in the EMCOR Group, Inc. and Subsidiaries Union Employees 401(k) Plan (the "Plan") under the terms of the Plan document. As currently in effect, eligible employees may voluntarily elect to defer in a whole percentage from 1% to 50% of eligible earnings, subject to applicable Federal annual retirement contribution limits and withdrawal restrictions required by law and the Plan.

Eligible Employees may voluntarily elect to defer into the Plan under the terms provided above on the first of the month following their date of hire at the project site. Eligible employees covered under this collective bargaining agreement are not eligible for any company matching contribution on amounts deferred to the Plan. In addition, Eligible Employees are not permitted to make any after-tax contributions to the Plan.

Any amounts deferred by eligible employees are deposited into the Plan’s Trust and allocated to the employee’s account under the Plan. Employees are at all times 100% fully vested in the amounts they defer to the Plan.

10.2 Group Medical Insurance: Full-time employees shall receive compensation as fringe benefit in accordance with the Fringe Benefit Table included in Appendix A of this Agreement.

Part-time employees shall receive fringe benefit compensation in their paycheck in lieu of benefits other than pro-rated vacation and holiday pay, in addition to their regular wages set forth in Appendix A.

10.3 All full-time employees under this Agreement will be provided $20,000 term life insurance coverage and Accidental Death and Dismemberment coverage, short-term disability at 40% level and access to a Company-designated Employee Assistance Program as described in the Plan Documents. The Company’s cost of each of these previously noted coverages will be paid from the Employee’s fringe rate noted in Appendix A of this Agreement.

10.4 All full-time employees covered under this Agreement shall:

a. Enroll in the group medical (including vision) plan and dental plan, and other optional coverage such as long-term disability, as set forth in the Plan Document, or

b. If the employee does not enroll in coverage, the Company will deposit the residual of fringe benefit amount designated in this Agreement to his/her Retirement Savings Plan, upon furnishing sufficient proof to the Company that the employee is covered by another acceptable medical policy.

Employees enrolling in medical, dental, and other coverages will have the Fringe Rate noted in Appendix A of this Agreement applied to the cost of these benefit coverages. Where the Fringe Rate does not cover the cost of the benefit elections, the Employee will incur a payroll deduction to pay for the balance of the cost. In the event there is a residual, whereby the Fringe Rate exceeds the cost of the enrolled and Company-provided benefits, the residual will be contributed by the Company to the Employee’s Retirement Savings Plan.

10.5 Employees may choose to begin or end participation in the Group Medical Insurance Plan during the period designated as Open Enrollment by the Company each year, or as a result of any qualifying event, by filling out the form approved for that purpose and returning it to the Project Manager before the last day of the month so designated.

Change of Carriers: During the term of this Agreement, insurance will be provided under the Company Plans and Carriers as they may be modified from time to time; however, the fringe benefit amount will be in accordance with Appendix A of this Agreement.

ARTICLE 11

SENIORITY AND LAY OFF

11.0 Project seniority of an employee shall mean the length of the most recent period of continuous uninterrupted service as a full-time employee with the Fort Huachuca DPW Project.

11.1 An employee will lose seniority in the event the employee (a) resigns, (b) is discharged,

(c) is laid off for one hundred eighty (180) consecutive days, (d) fails to return from an authorized leave of absence at the end of such leave without a written approval for an extension of leave by the Project Manager, (e) fails to return to work from lay-off within two weeks from the time specified after written notification, (f) the employee has been awarded compensation for permanent and disability due to an occupational injury or disease, (g) the employee is absent for two (2) consecutive working days without notifying his/her supervisor and without a good cause and/or sufficient reason, or (h) retires.

11.2 The Company shall provide to the Union, a calculated seniority date for each employee covered by the bargaining unit. This seniority list shall be provided to the Union upon execution of the Collective Bargaining Agreement (CBA) and thereafter annually on the CBA anniversary date.

11.3 In the event of a lay-off, the order of personnel to be affected shall be made through based on project seniority date (within job classification) in addition to relevant education, training or certification. Employees have the option to move to an equal or lower position (classification) provided they have seniority and are qualified to perform the duties of the position.

11.4. Employees shall be recalled in inverse order to that when laid off and to any job opening that becomes available that they are qualified to perform. Employees who may have moved to another equal or lower position shall move up first, Recall notices shall be in writing and mailed to the last known address of employee.

11.5 If an employee does not respond within 48 hours of receipt of written notification, such notice having been sent by certified mail to the employee’s address of record, the Company will consider this a declination to return to work and shall have the right to recall the next eligible employee.

11.6 In the event of a layoff, the Company will notify the union at least two weeks prior or as soon as possible. The union will be provided a list of employees affected, the job classifications, date of layoff, project seniority date and a copy of the layoff notice provided to the employee.

ARTICLE 12

HOLIDAYS

12.0 The following days shall be observed as holidays under this Agreement:

New Year's Day Labor Day Martin Luther King Day Columbus Day Washington's Birthday Veteran's Day Memorial Day Thanksgiving Day Independence Day Christmas Day

* The above holidays will be observed on the same day that Fort Huachuca observes them.

12.1 If an employee is scheduled to work on a holiday, but fails to do so, he will receive no holiday pay. Holiday pay is described in Article 9.7

12.2 To be eligible for holiday pay, a full-time employee must work his regularly scheduled day before the holiday and his regularly scheduled day after the holiday unless on vacation approved by the Company.

12.3 To be eligible for paid holiday leave, part-time employees must work at least twenty

(20) hours [including four (4) hours of holiday leave] during the week in which the holiday occurs.

ARTICLE 13

VACATION

13.0 Vacation will be scheduled and approved at a time and number consistent with the operating requirements of the Contract. Preference for available annual leave dates will be offered on the basis of seniority within the shop or work center. An employee can only exercise seniority rights one (1) time per Contract performance year.

13.1 During the first contact year, EMCOR will transition all employees from an annual lump sum vacation entitlement to an accrual basis. Employees with project anniversary dates prior to the effective date of this Agreement have received their annual lump sum vacation entitlement and have begun accruing vacation hours per the accrual schedule below. Employees with a project anniversary date between the effective date of this Agreement and November 1, 2013 will receive one additional lump sum vacation entitlement and then begin to accrue vacation entitlement per the accrual schedule below.

Vacation accrual will replace the annual vacation lump sum entitlement in the future. New employees will immediately begin the vacation accrual method described below.

Vacation accrual will be calculated each pay period and is available for immediate use.

59 months of service or fewer 1.54 hours per pay period

60 - 143 months of service 2.31 hours per pay period

144 months of service or more 3.08 hours per pay period

Employees may request to take vacation before it has fully accrued. While vacation approval is at the discretion of management, a supervisor may not deny an employee access to vacation leave solely on the basis of whether it has been earned at the time of the request. Terminated employees will be paid for vacation prorated at the current rate of accrual to the date of termination less any vacation used. If an employee’s vacation balance is negative upon their termination, the negative hours will be deducted from the employee’s final paycheck.

Employees will be allowed to carry-over vacation balances of up to 80 hours into the following contract year. On the pay period following November 1st each year, employees will be paid-out the accrued vacation balance greater than 80 hours.

13.2 Project Hire Date (Anniversary Date) is understood as being the employee’s original date of hire on the Fort Huachuca DPW Contact

13.3 Vacation requests will be approved or disapproved no later than one week after submittal.

In no event, except “mission critical” emergencies if required, will the Company cancel approved vacations less than 30 days prior to the scheduled vacation without the approval of the employee. In the event the employer cancels an employee’s vacation and there is a non-refundable expense of fee that can be shown, the employer will reimburse the employee an amount equal to the loss of any non-refundable expense or fee.

13.4 Vacation pay shall be calculated at the employee’s regular straight time hourly rate.

ARTICLE 14

SICK /PERSONAL LEAVE

14.0 Each employee shall accrue ten (10) working days of sick leave per year with pay, which shall accumulate at a rate of 1.53 hours per pay period. Sick leave must be used within the year it is accrued. Unused sick leave at the end of the contract year (October 31st) is forfeited. The Company, at its option, may require certified physician's proof of illness or incapacitation, and/or an examination by the Company's physician at the Company's expense before granting paid sick leave.

14.1 Employees may take sick/personal leave in increments as small as one half (1/2) hour.

14.2 Bereavement Leave. Employee’s will be excused with pay for up to three (3) days due to a death in the immediate family. Immediate family is defined as: parent, step-parent, child, step-child, step-sibling, brother, sister, husband, wife, grandmother, grandfather, sister-in-law, brother-in-law, mother-in-law, father-in-law, son-in-law, daughter-in-law, granddaughter, grandson, aunt, or uncle. If a death in the family occurs, and they reside five hundred (500) miles or more away, the employee shall be authorized up to four (4) days absence. Prior to leave, or not later than ten

(10) days from the date of bereavement leave begins, the employee must supply documentation of bereavement (i.e. copy of obituary notice form the newspaper, death certificate, or funeral home announcement). If no documentation is provided, the payment of bereavement leave will be reversed.

ARTICLE 15

JURY DUTY

15.0 Any employee who is required to serve on jury duty shall be granted time off without loss of seniority or pay. The receipt of a subpoena or the notice to report for jury duty must be reported immediately to the appropriate supervisor. Before receiving the benefits of this Article, the employee shall be required to obtain and submit to the Company satisfactory evidence of selection for jury duty. Any employee who is dismissed from jury duty two (2) hours or more before the employee's scheduled shift ends will report to work for completion of the shift.

15.1 An employee who serves as a juror or witness shall be paid the difference between jury duty pay and the employee’s base salary. The employee must submit evidence of pay received from the court to the payroll clerk. If the employee has received regular pay from the Company for the hours spent serving as a juror or witness, then the employee must either:

15.2 Endorse to the Company any payment received from the court for serving; or

15.3 Submit a personal check in the amount of payment from the court with a voucher documenting such payment; or

15.4 Submit a voucher documenting payment from the court requesting that amount be deducted from the employee’s regular paycheck.

ARTICLE 16

UNIFORMS AND TOOLS

16.0 Each employee will be issued and encouraged to wear uniform shirts which provide identification of the Company and DPW Public Works. Employees shall be provided a set of long sleeve and short sleeve uniform shirts at Company expense. The Company will replace uniform shirts when they become un-presentable through fair wear and tear.

16.1 The Company agrees to provide, at their expense, complete uniforms and laundry service for those employees who come in contact with hazardous or human waste in performance of their duty.

16.2 The Company agrees to provide appropriate arc-flash or flame resistant over-garments for those employees required by OSHA standards to have them.

16.3 The Company will determine and provide tools necessary for the work performed by Bargaining Unit employees.

16.4 The Company may provide broken tool replacement in-kind of those employees who choose to use their own tools while they are in the employ of the Company. An inventory of the employee-owned tools will be taken by manufacturer and nomenclature and kept by the Company’s Property Book Officer.

16.5 The Company agrees to reimburse employees for all licenses or certification required for the performance of assigned duties for the Company. This means licenses and certifications required by the contract performance work statement.

16.6 For those employees required to wear safety boots, the Company agrees to pay a boot allowance up to $100.00 towards the cost of approved boots each year. The boots must be inspected and accepted by the Company Safety Officer and a copy of the receipt for each new pair must be submitted to company management prior to reimbursement.

ARTICLE 17

FIRST AID AND SAFETY

17.0 The employees covered by this Agreement shall, at all times while in the employ of the Company, be bound by the safety rules and regulations as established by the Company.

17.1 The Company and the Union recognize that their health and future are dependent upon the physical and psychological health of their employees and members. The Union will cooperate in assisting and maintaining the Company's rules regarding health and safety. The Company recognizes the interest of the Union in the health and safety of its members, and will give consideration to any recommendations made by it.

17.2 The dangers and costs which alcohol and other chemical abuses can create in the maintenance industry in terms of safety and productivity are significant. The parties to this Agreement resolve to combat chemical abuse in any form and agree that to be effective, programs to eliminate substance impairment should contain a strong rehabilitation component.

The parties recognize the Employer's right to adopt and implement a drug and alcohol policy subject to all applicable laws and regulations, procedural safeguards, scientific principles, and legitimate interests of privacy and confidentiality. When drug and alcohol testing is performed, all testing shall be conducted in accordance with the procedures outlined in the aforementioned policy.

ARTICLE 18

DISCIPLINE & DISCHARGE

18.0 Probationary Employees - The Company shall have the right to discharge an employee during their probationary period with or without just cause, and without recourse by the Union or by such probationary employee to the grievance procedure of this Agreement. The Company will employ a practice of progressive discipline based on level of severity of the offense.

18.1 Disciplinary Actions - The maintenance of discipline is the responsibility of the Company and to that end, the Company shall have the right to discipline or discharge employees, who have completed their probationary period for just cause.. The designated union representative shall be present for all disciplinary action meetings or investigations which could result in disciplinary action of employees covered by this agreement. Employees may decline the presence of a union representative by signing a statement waiving their right to Union representation at that meeting.

18.2 Notification of Disciplinary Action - The Company will send the Union Office a copy of any written disciplinary action given to employees covered by this Agreement and also shall provide a copy to the Chief Steward & the affected employee. The Union or the employee may, within ten (10) working days after the administration of disciplinary action, appeal such action directly to the Second Step of the grievance procedure in Article 5.

18.3 Clearing Procedure A period of good conduct following a counseling record will result in removal of previously issued warning and suspension notices from the employee’s file. Warning notices will be expunged after nine (9) months from the date of issue. Suspension notices will be expunged after twenty four (24) months from the date of issue.

ARTICLE 19

WORK STOPPAGE

Wage and Benefits, Appendix “A”

JOB CLASSIFICATION

Current

11/01/13

11/01/14

11/01/15

Accounting Clerk I

$12.64 $12.89 $13.15 $13.41

Appliance Mechanic $21.94 $22.38 $22.83 $23.28

Airfield Sweeper Operator $17.77 $18.13 $18.49 $18.86

Boiler Tender $23.66* $24.13 $24.62 $25.11

Carpenter

$21.94 $22.38 $22.83 $23.28

Dispatcher, Motor Vehicle $17.31 $17.66 $18.01 $18.37

Electrician, Maintenance $23.02 $23.48 $23.95 $24.43

Environmental Technician $21.80* $22.24 $22.68 $23.13

Estimator I $20.32 $20.73 $21.14 $21.56

Estimator II - Structural

$23.02 $23.48 $23.95 $24.43

Estimator II - Electrical

$23.02 $23.48 $23.95 $24.43

Estimator II - Mechanical

$23.02 $23.48 $23.95 $24.43

General Maintenance Worker

$20.81 $21.23 $21.65 $22.08

Hazardous Material Technician $20.41 $20.82 $21.23 $21.66

HVAC Mechanic $23.02 $23.48 $23.95 $24.43

Heavy Equipment Operator $23.02 $23.48 $23.95 $24.43

Laborer, Grounds Maintenance $10.60 $10.81 $11.03 $11.25

Laborer/Gardner, Small Engine Operator

$11.91 $12.15 $12.39 $12.64

Locksmith $20.81 $21.23 $21.65 $22.08

Maintenance Trades Helper $16.12 $16.44 $16.77 $17.11

Material Coordinator $19.70 $20.09 $20.50 $20.91

Medium Equipment Operator $22.36 $22.81 $23.26 $23.73

Motor Vehicle Mechanic $23.02 $23.48 $23.95 $24.43

Motor Vehicle Mechanic Helper $17.30 $17.65 $18.00 $18.36

Painter, Maintenance $21.94 $22.38 $22.83 $23.28

Pest Controller I $14.06 $14.34 $14.63 $14.92

Pest Controller II $20.81 $21.23 $21.65 $22.08

Plumber $21.94 $22.38 $22.83 $23.28

Quality Control Inspector $20.48 $20.89 $21.31 $21.73

Sanitary Technician $16.45 $16.78 $17.11 $17.46

Sewage Plant Operator $21.94 $22.38 $22.83 $23.28

Stock Clerk $16.42* $16.75 $17.08 $17.43

Supply Technician $19.66 $20.05 $20.45 $20.86

Safety Specialist $19.88 $20.28 $20.68 $21.10

Truck Driver Medium $16.77* $17.11 $17.45 $17.80

Truck Driver Heavy $18.54* $18.91 $19.29 $19.67

Water Treatment Plant Operator $21.94 $22.38 $22.83 $23.28

Welder $23.02 $23.48 $23.95 $24.43

Work Control Specialist I $12.79 $13.05 $13.31 $13.57

Work Control Specialist II $16.63 $16.96 $17.30 $17.65

LEADS

Estimating $24.39 $24.88 $25.38 $25.88

Structures $24.39 $24.88 $25.38 $25.88

Roads & Grounds $24.39 $24.88 $25.38 $25.88

HVAC $24.39 $24.88 $25.38 $25.88

Plumbing $24.39 $24.88 $25.38 $25.88

Water/Wastewater $24.39 $24.88 $25.38 $25.88

MEDDAC $24.39 $24.88 $25.38 $25.88

Electrical $25.38 $25.89 $26.41 $26.93

Environmental $24.39 $24.88 $25.38 $25.88

Supply $24.39 $24.88 $25.38 $25.88

IJO $24.39 $24.88 $25.38 $25.88

Work Control $24.39 $24.88 $25.38 $25.88

Health & Welfare

$3.71* $4.08 $4.50 $5.00

*per SCA WD

Appendix B

Dues Deduction Form

To: EMCOR Government Services, Inc. - (Employer)

I hereby authorize and direct you to deduct Union dues from my pay as determined by the Local Union to forward those dues monthly to the Financial Secretary of the Union in accordance with the Agreement between the Union and the Company. This deduction shall be made from all wages earned by me while working in the jurisdiction of the AFGE, Local 1662.

This authorization is voluntarily made in order to pay my fair share of the Union's cost of representing me for the purposes of collective bargaining, and this authorization is not conditioned on my present or future membership in the Union.

The open period to submit a request to stop withholding shall be January 1 through January 15th of each calendar year. The Employee shall notify the Company of the employee’s desire in writing during that period.

Name (printed)

Signature

Date:

Home Address ______________________________________________________________________

City ______________________________________ State ____________ Postal Code ___________