Technical_Exhibit_I-1_Collective_Barganing_Agreement_CBA_5-1-16_to_4-30-19.pdf

AGREEMENT

BETWEEN

INDUSTRIAL TECHNICAL & PROFESSIONAL

EMPLOYEES UNION/OPEIU LOCAL 4873, AFL-CIO

AND

JOHNSON FOOD SERVICES, LLC.

COVERING FOOD SERVICE EMPLOYEES AT

FORT JACKSON, SC

Government Contract Number W9124C-13-C-0007 ( and any and all successor contract numbers)

EFFECTIVE DATE: May 1, 2016

EXPIRATION DATE: April 30, 2019

TABLE OF CONTENTS

PREAMBLE

ARTICLE I - UNION RECOGNITION

ARTICLE II - UNION SECURITY AND MEMBERSHIP

ARTICLE Ill - EQUAL OPPORTUNITY

ARTICLE IV -ACCESS TO UNIT

ARTICLE V- PROBATIONARY PERIOD

ARTICLE VI - SENIORITY

ARTICLE VII - DISCIPLINE

ARTICLE VIII - GRIEVANCE PROCEDURE

ARTICLE IX - ARBITRATION

ARTICLE X - MILITARY LEAVE

ARTICLE XI - LEAVE OF ABSENCE

ARTICLE XII - BEREAVEMENT LEAVE

ARTICLE XIII - SHOP STEWARDS

ARTICLE XIV - REST PERIODS

ARTICLE XV- LAYOFFS AND RECALLS

ARTICLE XVI -ANNUAL BENEFIT FUND

ARTICLE XVII - WAGES

ARTICLE XVIII - OVERTIME

ARTICLE XIX - HEAL TH AND WELFARE

ARTICLE XX - VACATIONS

ARTICLE XXI - HOLIDAYS

ARTICLE XXII - SICK LEAVE

ARTICLE XXIII - PENSION

ARTICLE XXIV - JURY DUTY

ARTICLE XXV - UNIFORM ALLOWANCE

ARTICLE XXVI - INDIVIDUAL CONTRACTS

ARTICLE XXVII - NO STRIKE - NO LOCKOUT

ARTICLE XXVIII - PICKET LINES

ARTICLE XXIX - EMPLOYEE INJURY

ARTICLE XXX- GOVERNMENT REQUIREMENTS

ARTICLE XXXI - GENERAL

ARTICLE XXXII - MANAGEMENT RIGHTS

ARTICLE XXXII - DURATION

APPENDIX "A" WAGES

APPENDIX "B" HEAL TH AND WELFARE

APPENDIX "C" ANNUAL BENEFIT FUND

APPENDIX "D" UNIFORM ALLOWANCE

APPENDIX "E" PENSION

Johnson Food Services, LLC Ft. Jackson, SC

PREAMBLE

THIS AGREEMENT is entered into by and between Johnson Food Services, LLC 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 its non-supervisory food service employees located at Fort Jackson, SC, hereinafter referred to as the "Base", under Government Contract Number W9124C-13-C-0007 (and any and all successor contract numbers) 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 parties to cooperate fully with each other, both individually and collectively, for the advancement of the purposes of this Agreement.

ARTICLE I - UNION RECOGNITION

Section A

The Company hereby recognizes the Union as the sole bargaining agent for all its non-supervisory Food Service employees at the "Base".

Section B

Whenever the words "en:iployee" 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 C

It is understood and agreed 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 to the Contracting Officer at the Base.

ARTICLE II - UNION SECURITY AND MEMBERSHIP

Section A

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 on or after the thirtieth (30th) day following the effective date of this Agreement or the execution datEr, 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 the thirtieth (30th) day following the beginning of such employment become and remain in good standing of the Union.

SECTION B

Union Shop Provision to Take Effect if Prohibition Law Invalidated.

The provisions of Article II, Section A, shall be deemed to be of no force and effect in any state whose law governs this contract to the extent of which the making or enforcement of such provisions is contrary to statutes, constitutional amendment or the law of such state; 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 provision of Section A above shall immediately thereupon be deemed to cover this bargaining unit or employees directly affected by such declaration of invalidity.

Johnson Food Services, LLC

SECTION C

If the provisions of Article 11, Section A 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 D

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 employees. 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 fifteen (15) days after the last day of the month for which deductions were made. The Union shall advise the Company of the amount of the 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 to the Union monthly.

SECTION E

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 during the term thereof.

SECTION F

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 G

The Company will make available to the Union a list of newly hired and terminated employees covered by this agreement. Such lists will be prepared monthly and will show the Name, Social Security number, address, job classification and hire or termination date of such employees who were hired or terminated during the month for which the list is prepared.

SECTION H

The Company shall notify the Union of all job openings within the unit covered by this Agreement. The Union may refer applicants for such openings. 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 arrangement, and the Company shall at all times be free to advertise and list said job openings with employment agencies and to otherwise fill its job openings from any sources available to the Company, including, but limited to, employees employed by the Company at other locations of the Company or its franchisees not covered by this Agreement.

SECTION I

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 J

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.

SECTION K

Upon receiving an employee's voluntary, individual, written and signed authorization, the Company will deduct from the wages of any such employee covered by this Agreement the voluntary contribution to the J.B. Moss VOTE Fund which that employee has designated in the written, signed authorization. The Company will forward the employee's contribution to the J.B. Moss VOTE Fund, at the address designated by the Union, not later than fifteen (15) days after the last day of the 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 J.B. Moss VOTE deduction authorization 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.

ARTICLE Ill - EQUAL OPPORTUNITY

SECTION A

In accordance with the established policy of the Company and the Union, the provisions of this Agreement will apply equally to all employees hereunder, regardless of sex, color, age, race, creed or national origin. The Company and the Union also recognize the desirability of implementing the national policy of providing equal opportunity to all persons and agree to work actively toward the implementation of that policy.

SECTION B

There will be no discrimination against any employee on account of membership in, or activity in behalf of the Union.

ARTICLE IV - ACCESS TO UNIT

Duly authorized representatives of the Union shall be permitted to investigate the standing of all employees and investigate conditions at the Base covered by this agreement to see that the agreement is being enforced, provided that no interview shall be held during rush hours, or unreasonably interrupt the duties of any employee. The Company shall be notified by the Union Representative before he shall take action with persons involved. The representative of the Union shall contact the highest-ranking Company representative then present at the facility and inform him of the circumstances.

The Company and the Union representative shall conduct themselves in such manner as to carry out the intent and sprit of this section.

ARTICLE V - PROBATIONARY PERIOD

SECTION A

Every new employee and any employee rehired after a break in seniority under Article VI of this Agreement shall be on probation for the first Sixty (60) days of employment or re-employment.

SECTION B

At any time during such an initial probationary period, an employee may be discharged for any reason, and any such employee so discharged shall not have the right to file a grievance or have other recourse to the grievance procedure.

ARTICLE VI - SENIORITY

It is agreed that the Company and the Union will meet for the purpose of establishing a seniority list for all employees employed in the unit at the time of the signing of the Agreement. Said seniority list will be based upon official records of the Union, of the Company and predecessor contractors. Not later than fifteen (15) days prior to the expiration date of the Company's contract covering the Base, the Company shall furnish the Union and the successor contractor a list of all its current employees together with their dates of hire and the dates of their last vacation pay was paid by the Company. The following Sections in this Article shall become applicable and shall be in full force and effect upon the establishment of said seniority list. In establishing the initial seniority list for employees at the time of the signing of this Agreement, employees transferred to the Base covered by this Agreement shall receive seniority in accordance with their tenure of service with the Company or its franchise as the case may be, regardless of where such service was performed. Other employees transferred to the Base covered by this Agreement by the Company to fill vacancies shall likewise receive seniority in accordance with their tenure with the company or its franchise, as the case may be, regardless of where such service was performed. Seniority shall, for all purposes of this Article, be on the basis of job classification, unless specifically stated otherwise.

SECTION B

In the event that the Company finds it necessary to lay-off employees for any reason, other than disciplinary or scheduled cycle breaks, such lay-offs shall be on the basis of seniority, i.e., the employee on duty in the establishment where the layoff occurs having the shorter period of continuous service with the Company, shall be laid off before any other employee having a longer period of continuous service. The Company shall recall such laid-off employees in reverse order. Senior employees shall have preference of full-time employment at all times if equal distribution of work is impossible. Senior employees may, however, exercise their seniority rights by taking a job in a lower classification for which they are qualified.

In the event of a closing of a facility (except those that are temporarily closed as a result of cycle breaks) which is expected to last thirty (30) days or longer, or of a permanent closing of a facility, an employee in that facility shall have the right to bump employees with less seniority in equal or lower classifications, for which they are qualified, within the base unit. Solely for the purpose of this paragraph, seniority shall be based on all employment, regardless of job classification, with the present contractor and/or predecessor contractor( s).

SECTION C

Employees shall have the right to select available work schedules by seniority in job assignments for which they are qualified. Each employee shall be given his work schedule.

The work schedule for each week shall be posted at least four (4) days prior to the beginning of the work week. The Company shall have the right to schedule personnel for the times and in the buildings necessary to fulfill its contract with the Government;

provided, however, that areas, shifts and duties which an employee has been awarded by seniority will be considered their "permanent area" when operational needs do not require them to be scheduled otherwise.

SECTION D

Except as otherwise provided in Section A of this Article, seniority shall be measured from the date of the employee's initial hire at the base with the Company or a predecessor contractor engaged in providing similar services at the base, provided there has been no break in seniority under Section E of this Article.

SECTION E

An employee shall lose his seniority upon his retirement, resignation or discharge for just cause. An employee will be considered to have resigned if he:

(1) fails to report to work on the day following expiration of an authorized leave of absence, unless failure to report is due to conditions recognized by the Company to be beyond the control of the employee and he reported such conditions as soon as possible;

(2) is on lay-off for a period exceeding one (1) year;

(3) is absent from work for two (2) work days without properly notifying the Company of the reason for absence even though the reason for such absence is beyond is beyond the control of the employee, or in any event, fails to report for work as scheduled without such reason;

(4) fails, while on layoff of one week or longer, upon notice from the Company that work is available, to report to the Company for work as soon as practicable, but not later than two (2) 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

Johnson Food Services, LLC 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 F

An employee who has occupied a position with the Company covered by this Agreement and who accepts a position with the Company in a classification not covered by this Agreement will continue to accrue seniority for nine (9) months, after which period he shall retain his accumulated seniority, provided he remains in the employ of the employer.

ARTICLE VII - DISCIPLINE

No employee shall be disciplined without just cause, and all discipline will be subject to the grievance procedure and arbitration clause. All reprimands and discharge notices shall be in writing and shall be signed by the Project Manager. Copies of the reprimand or discharge notice shall be given to the employee reprimanded and to the shop steward. Each reprimand shall be cancelled after one (1) year. Three (3) reprimands may result in immediate dismissal. Theft, intoxication on the job, failure to perform work as directed, illegal use of drugs and showing disrespect or insubordination shall result in an immediate investigation and appropriate action regardless of the number of prior reprimands.

ARTICLE VIII - GRIEVANCE PROCEDURE

SECTION A

A grievance is defined as a claim or dispute by the employer or employee or the Union concerning the interpretation or the application of this Agreement.

SECTION B

All grievances must be presented in writing and filed and processed in accordance with the following exclusive procedure:

Step 1: The employee who has a grievance shall discuss it with the Project Manager or the Assistant Project Manager, either himself or through his steward.

If the grievance is not settled in this Step, it may be appealed by the Union Representative to the Project Manager to Step 2 within five (5) days of the Step 1 meeting. Company grievances shall be processed beginning with Step 2.

Step 2: The Union Representative and the Project Manager will discuss the grievance. If the grievance is not disposed of to the satisfaction of the party filing the grievance at step 2, the grievance may be appealed to step 3 by the party or

Johnson Food Services, LLC representatives of the party filing the grievance by filing a written appeal to the opposing party within seven (7) days after step 2.

Step 3: Within seven (7) days after the appeal of the opposing party, the parties (the Company represented by the Project Manager (to include other Company representatives as needed) and the Union represented by its designated representative) will meet to attempt to settle the grievance. The party being complained against shall render that party's decision within five (5) days of such meeting. If the grievance is not disposed of to the satisfaction of the complaining party, the grievance may be appealed to arbitration by the Company or the Union lodging a written appeal with the other party within ten (10) days of receipt of such written decision.

SECTIONC

A grievance involving discharge of an employee shall be brought directly to step 2 and must be filed within five (5) days of discharge.

SECTION D

A grievance not involving discharge shall be without effect unless filed in writing within seven (7) days from the date the complaining party discovered the facts or should have discovered the facts giving rise to the grievance.

SECTION E

Stewards shall be afforded time off without loss of pay to investigate, discuss and present grievances. Such time shall be kept to a minimum.

SECTION F

At any step of the grievance procedure, the Company or the Union may designate a substitute for the official designated herein, other than persons who have previously participated in such grievance. The officially designated representative of either party may be accompanied by two (2) other persons at any Step of the procedure except Step

1. The parties may mutually agree that further representatives may be present.

SECTION G

The time limits set forth in this Article may be extended mutually in writing. Time limits are exclusive of Saturday, Sunday and recognized holidays.

ARTICLE IX - ARBITRATION

Within ten (10) days after the filing of the notice of the intent to submit the unsettled grievance to arbitration, the parties shall attempt to mutually select an impartial arbitrator. If the parties are unable to agree within five (5) days of that meeting upon the choice of an arbitrator, they shall request the Federal Mediation and Conciliation Service to submit a list of five (5) persons qualified to act as the impartial arbitrator. A representative of the Company and a representative of the Union shall meet within five (5) days of the receipt of the list and shall alternately strike two (2) names from the list, the party to strike first to be selected by lot. The fifth (5th), remaining person shall thereupon be selected as the impartial arbitrator.

SECTION B

During the hearing, each party shall have full opportunity to present evidence and argument, both oral and documentary. The impartial arbitrator will render his finding and award in writing within fifteen (15) calendar days after the conclusion of the hearing. The decision of the impartial arbitrator shall be final and binding. The impartial arbitrator shall have no authority to modify, amend, revise, add to or subtract from any of the terms or conditions of this Agreement.

SECTION C

The fees of the arbitrator and necessary expenses, including transcript, if desirable, of any arbitration proceeding shall be borne equally by the Company and the Union except that each party shall pay the fees of its own counsel or representative. If an employee witness is called by the Company, the Company will reimburse him for time lost at his regular straight time base rate. If an employee witness is called by the Union, the Union will reimburse such personnel for time lost.

ARTICLE X- MILITARY LEAVE

SECTION A

Employees entering the military or naval service, Red Cross, or other combat relief service or conscripted civil service of the United States during the life of this Agreement will be placed on military leave of absence in accordance with the provisions of the Universal Military Training and Service Act, and will retain their seniority while in such service and be returned to their former positions upon honorable discharge from service, provided they are physically and mentally capable of working.

SECTION B

An employee who is a member of a military reserve unit and who is required to participate in active training will be granted a leave of absence without pay for the period of such training duty, not to exceed thirty (30) days in any year.

SECTION C

An employee applying for leave under this Article will give the Company at least five (5) working days notice prior to reporting date, if possible.

ARTICLE XI - LEAVE OF ABSENCE

SECTION A

Employees are entitled to leaves of absence not exceeding one (1) year for good cause. Such leave of absence may be granted for restoration of health, medical, dental, or other treatment, maternity leave, or employment by the Union, and shall not prejudice seniority status for purposes of layoffs and recalls.

SECTION B

A leave of absence under this Article will not be considered employment time for seniority. For example, in order to have attained or added a year of seniority, let's assume that an employee works continuously for nine (9) months and is granted a thirty

(30) day leave of absence without pay. When the employee returns to work, he has nine

(9) months seniority and will be required to work three (3) more months in order to have added a year of seniority.

SECTION C

Upon return from a leave of absence, the employee will be returned to work for which he can qualify in his job classification on the basis of seniority.

SECTION D

Any employee who engages in gainful employment without permission of the Company while on leave of absence shall be subject to discharge.

SECTION E

All leaves of absence must be applied for in writing and if granted must be granted in writing by the Company.

SECTION F

All leaves of absence shall be for a specific designated period of time, and an employee may return to work earlier than the specifically designated date for his return only with the consent of the Company.

ARTICLE XII - BEREAVEMENT LEAVE

Employees shall be entitled to paid bereavement leave as set forth in Appendix "C" attached hereto.

ARTICLE XIII - SHOP STEWARDS

SECTION A

Shop stewards shall be designated by the Union from the group he or she is to represent. Where there are two or more shop stewards, there shall be a designated chief shop steward. The Union will notify the Company of the duly designated shop steward(s) at the Base.

SECTION B

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 the Agreement and also notify the employee participating therein.

SECTIONC

Prior to leaving the work area, the shop steward will request permission from the supervisor. The shop steward will not leave the work area during rush hours.

SECTION D

Shop Stewards shall be entitled to top seniority at the Base to the fullest extent allowed by law.

SECTION E

Shop Stewards designated by the Union shall not be prohibited from using their cell phones for official union related business. Should a Shop Steward not be permitted, or able, to use their cell phone, the company will permit the Shop Steward(s) to use a Company telephone for Union business. Such call shall be placed at no cost to the Company.

ARTICLE XIV - REST PERIODS

An employee who is scheduled to work for not less than four (4) continuous hours on a shift shall be entitled to one paid ten (10) minute unscheduled rest period during each four (4) hours or part thereof.

ARTICLE XV - LAYOFFS AND RECALLS

In the event of a reduction of forces, the Company will give reasonable notice of layoff, under the circumstances, to the employees with the least seniority, and will recall employees in the reverse order, such recall to be by job classification. No new employees will be hired until all qualified, laid-off employees have been recalled.

ARTICLE XVI - ANNUAL BENEFIT FUND

The Company shall pay Annual Benefit Fund contributions as set forth in Appendix "C" attached hereto.

ARTICLE XVII - WAGES

The schedule of effective wage rates and job classifications for employees is set forth in Appendix "A" attached hereto.

ARTICLE XVIII - OVERTIME

SECTION A

One and one-half (1 1/2) times the hourly rate of pay will be paid for all timed worked in excess of forty (40) hours per week.

SECTION B

When an employee works more than eight (8) hours in any twenty-four (24) hour period due to a change in shift pursuant to his request, or in accordance with the regular rotation of employees, such employee shall receive only straight time for the second eight

(8) hours or portion thereof worked during such twenty-four (24) hour period.

SECTION C

When an employee overtime beyond his shift, he will be entitled to a ten (10) minute paid rest period at the completion of his regular shift, and another such rest period at the completion of this tenth (10th) consecutive hour if he is required to beyond ten (10) hours. On the same basis, similar rest periods will be provided after each additional two

(2) hours worked, such periods will be scheduled as near to the appointed time as practicable, subject to requirements of the service.

Johnson Food Services, LLC

SECTION D

Overtime work will be distributed among the employees qualified to perform the work necessitating overtime within the appropriate crew or shift as equitably as practicable. Overtime lists will be made available to shop stewards on request. The Company will give as much notice of overtime as practicable.

SECTION E

No overtime will be worked except by prior direction of the proper supervisory personnel of the Company, except in case of emergency and when prior authority cannot be obtained.

SECTION F

For overtime purposes, a day is the twenty-four (24) hour period beginning with the daily starting time as set forth in the Company's contract with the Government.

SECTION G

Nothing herein shall be construed to require or permit the pyramiding of overtime or overtime pay.

ARTICLE XIX - HEAL TH AND WELFARE

The Company shall pay the Health and Welfare Benefits as set forth in Appendix "B" attached hereto.

ARTICLE XX - VACATIONS

SECTION A

Employees shall be entitled to paid vacations as set forth in Appendix "C" attached hereto.

SECTION B

Temporary layoffs or leaves of absence during the year will not interrupt the continuity of service for the purpose of eligibility for vacation, and shall be counted toward the required year for each vacation period.

ARTICLE XXI - HOLIDAYS

Employees shall be entitled to holiday pay as set forth in the Appendix "C" attached hereto.

SECTION B

When the Company requires work of any shift on a holiday, it shall post notice of such requirements at least seven (7) days prior to that holiday, said notice shall provide space for the signatures of volunteers for such work. If not enough qualified volunteers sign said notice, within three (3) days after posting, the Company shall select qualified employees in reverse seniority to protect the work to be performed. However, if too many employees volunteer, the Company shall select qualified employees in order of seniority to perform the work.

ARTICLE XXII - SICK LEAVE

Employees shall be entitled to sick leave pay as set forth in Appendix "C" attached hereto.

ARTICLE XXIII - PENSION

The Company shall pay pension benefits as set forth in Appendix "E" attached hereto.

ARTICLE XXIV - JURY DUTY

Employees shall be entitled to pay for jury duty as set forth in Appendix "C" attached hereto.

ARTICLE XXV - UNIFORM ALLOWANCE

Uniform Allowance will be paid as set forth in Appendix "D" attached hereto.

ARTICLE XXVI - INDIVIDUAL CONTRACTS

No employee shall be compelled or allowed to enter into any individual contract or agreement with his employer concerning the conditions of employment herein.

ARTICLE XXVII - NO STRIKE - NO LOCKOUT

During the term of this Agreement, the Union shall not authorize, cause or engage in, sanction or assist in any work stoppage, strike or slow down of operations.

SECTION B

During the term of this Agreement, the Company shall not cause, permit or engage in any lockout of its employees.

SECTION C

The Company reserves the right to discharge or otherwise discipline any employee taking part in any violation of this provision of the Agreement.

ARTICLE XXVIII - PICKET LINES

Refusal of an employee to cross a bona fide picket line established by a labor organization claiming to have a dispute with the employer and approved by the Union shall not be construed to be a breach of this Agreement.

ARTICLE XXIX - EMPLOYEE INJURY

An employee injured during working hours shall receive the rest of the day off without loss of pay, provided that the injuries are such that a doctor orders the employee not to return to work.

ARTICLE XXX - GOVERNMENT REQUIREMENTS

The Union agrees to cooperate with the Company in all matters required by the United States Government, and the Union recognizes that the terms and conditions of the Agreement are subject to certain sovereign priorities which the United States Government may exercise. The Union agrees that any actions taken by the Company pursuant to a requirement of the United States Government shall not constitute a breach of the Agreement. Nothing in this Agreement shall be construed to prevent institution of any change prior to discussion with the Union where such changes are required by the United States Government. Any substantial changes

ARTICLE XXXI - GENERAL

This Agreement when accepted by the parties hereto and signed by the respective representatives thereunto duly authorized, shall constitute the sole agreement between them involving the employees covered by this Agreement. Any alteration or modifications of this Agreement must be made by and between the parties hereto and must be in writing.

SECTION B

In the event any provision of this Agreement is declared invalid by any competent court or governmental agency on account of existing or future legislation, such invalidation shall not affect the remaining provisions of this Agreement.

SECTION C

Any employee leaving the service of the Company will, upon request from the employee, be furnished with a letter setting forth the Company's record of his job classification, stating his length of service and beginning and ending rate of pay.

SECTION D

Employees entering the service of the Company may be required to take a physical examination specified by the Company. The cost of all company mandated physicals shall be borne by the company. Any time thereafter, an employee may be subjected to further physical examinations during the course of his employment or recall to service after layoff or leave of absence.

SECTION E

The Company shall provide bulletin board space for use by the Union.

SECTION F

Company payroll records with respect to any employee in the unit whose pay is questioned will be provided upon request of the Union within a reasonable period of time, except for payroll records with respect to the current period with respect to such an employee, which may be examined by the Union upon request during business hours.

SECTION G

In the event the Department of Labor determines that the wages and fringe benefits contained in any local addendum to this Agreement were not reached as a result of arms-length negotiation or are substantially at variance with those prevailing for services of a similar character in the locality, then such wages and benefits shall be rendered null and void. In such event, the Company shall be obligated to pay the wages and fringe benefits specified in the appropriate wage determination issued by the Department of Labor.

ARTICLE XXXII - MANAGEMENT RIGHTS

SECTION A

Except to the extent explicitly and expressly abridged by a written provision of this Contract, the Company reserves and retains, solely and exclusively, all of its common law rights to control, manage and operate the business, as such rights existed prior to the Union becoming the representative of the employees in the bargaining unit. Neither the failure of the Company to exercise any power, function, authority or right reserved or retained by it, nor the exercise of any power, function, authority or right in a particular way, shall be deemed a waiver by the Company to exercise such power, function, authority, or right, provided, however, that any past practice applied to the bargaining unit employees shall continue in effect unless and until the Company and the Union agree to a change thereof.

SECTION B

Illustrative, but by no means inclusive, of the rights retained by the Company to determine and exercise, subject to the express limitations of this Agreement, and any applicable local addendum hereto, are the following rights: the full control, management and operation of its business and its facilities; the right to establish practices and procedures for the conduct of the business; the determination and scope of its activities, its customers, the services to be provided and the methods pertaining thereto;

the scheduling of operations, all personnel and their work hours, days and shifts including overtime; the particular dining facility to which employees will be assigned or re-assigned, provided, however, that areas, schedules and duties which employees have bid on by seniority are retained to the fullest extent permitted by operational needs; the determination of all matters pertaining to requisition, usage and storage of all supplies and subsistence; the right to introduce new, improved or different production, maintenance, distribution procedures, processes, facilities, machinery, services and equipment or to make other changes to promote efficiency, or to make technological changes; the right to maintain order, discipline for just cause, efficiency and safety, and enforce reasonable rules and regulations pertaining thereto; the right to

Johnson Food Services, LLC determine the amount of work needed; the right to layoff, promote or transfer employees (temporarily or permanently); the right to discipline, suspend, demote or terminate employees for just cause; the right to determine the number of employees in any department, shift, classification or division thereof, the assignment of duties thereto, the hours to be worked in any day, week or shift, the manning of equipment, provided that any change, increase or reduction of the same shall only occur after providing the Union with at least 30 days written notice thereof and the opportunity to negotiate thereon; the right to require employees, upon just cause, to take physical examinations or drug/alcohol tests on paid, Company time as required by applicable federal regulation by a physician or laboratory designated and paid by the Company, and to rely on such tests and examinations to determine the capacity to perform assigned tasks; the right to direct and control the work force, including, but by no means limited to, being the sole judge of applicants for employment, their qualifications, fitness in hiring or transfer or refusal to hire; the determination as to where or when training on a particular operation or job is required and how much training is required , provided that the Company shall provide any such training, on Company time and at Company cost, to all applicable and the right to retrain employees.

ARTICLE XXXII - DURATION

SECTION A

This agreement shall become effective May 1, 2016, and shall continue in full force and effect until April 30th, 2019, and shall renew itself each successive May 1st thereafter unless written notice of an intended change is served in accordance with the Labor Management Relations Act, as amended, by either party hereto at least sixty (60) days but not more than ninety (90) days prior to the termination date of the contract.

SECTION B

For the purpose of negotiating changes in wages, group insurance contributions, sick leave, vacation and holidays, as well as changes in or the introduction of other fringe benefit programs, for a covered facility, the parties shall meet on or about June 1st of each contract year. If the parties are unable to reach agreement by September 15th of each year, either party may terminate this Agreement upon ten (10) days written notice to the other party.

I~ WITNESS WHEREOF, the parties hereto have executed this Agreement this Ii s~ day of A(?!]\ , 2016.

FOR THE UNION:

INDUSTRIAL TECHNICAL &

PROFESSIONAL EMPLOYEES UNION

OPEIU Local 4873, AFL-CIO

FOR THE COMPANY:

JOHNSON FOOD SERVICES, LLC

onaldJohnson t resident

Ft. Jackson. SC

APPENDIX "A" WAGES

CURRENT OCTOBER 1, 2015:

Head Cook Cook I Cook II Cook Helper Data Entry Clerk Cashier Food Sanitation Specialist Leader Food Sanitation Specialist Ration Clerk Supply Clerk Supply Leader

$13.33 $12.66 $11.38 $10.38 $11 .62 $10.25 $10.43 $09.79 $11.08 $11.08 $12.76

APPENDIX "B" HEALTH AND WELFARE

CURRENT OCTOBER 1, 2015:

The Company shall contribute to the ITPEU Health and Welfare Fund the sum of four dollars fifteen cents ($4.15) per hour for all straight time hours worked ( excludes overtime) for each and every employee covered by this agreement. There is no requirement for the Company to contribute to this fund for other hours due to the coverage of the unit employees under the ITPEU Annual Benefit Fund and the benefits it provides.

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 and Welfare Plan, and any amendments duly adopted thereto.

The Company further agrees to be bound by all resolution and other actions taken by the Board of Trustees of the ITPEU Health and Welfare Plan.

Contributions for Family or Medical Leave

The Company agrees to comply with the Family and Medical Leave Act, as amended ("FMLA"), including paying contributions to the ITPEU Health & Welfare Fund as required for any employee on FMLA leave.

APPENDIX "C" ANNUAL BENEFIT FUND

CURRENT OCTOBER 1. 2015:

For the purpose of providing vacation, holidays, sick leave, bereavement leave, jury duty and other fringe benefits, the Company shall contribute to the ITPEU Annual Benefit Fund the sum of two dollars and forty eight cents ($2.48) per hour by each and every employee covered by this Agreement, and/or for each hour for which the Company makes, or is required to make, direct payment of wages to such employee.

Contributions shall be made on a monthly basis, with such contributions due on the fifteenth (15) day of the month for which contributions are due and payable.

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 Annual Benefit Plan created thereunder. Receipt of both documents is hereby acknowledged.

In addition the Company agrees to be bound by any amendments to the Agreement and Declaration of Trust and Plan, together with all resolutions and other action duly adopted by the Board of Trustees of the ITPEU Annual Benefit Fund.

The vacation, holidays, sick leave, bereavement leave, jury duty and other benefits provided under this Agreement and the eligibility requirement for such benefits shall be specified in the ITPEU Annual Benefit Plan.

APPENDIX "D" UNIFORM ALLOWANCE

CURRENT OCTOBER 1, 2015:

All employees will receive an allowance of twelve cents ($ .12) per hour worked for laundering and maintaining company furnished uniforms.

APPENDIX "E" PENSION

CURRENT OCTOBER 1, 2015:

The Company shall contribute to the ITPEU Pension Fund the sum of forty-five cents ($0.45) per hour for all straight time (excludes overtime) hours worked for each and every employee covered by this agreement. There is no requirement for the Company to contribute to this fund for other hours due to the coverage of the unit employees under the ITPEU Annual Benefit Fund and the benefits it provides.

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 resolution and other actions taken by the Board of Trustees of the ITPEU Pension Fund.