Attachment_I_-_CBA_dated_12_Sept_2014.pdf

Collective Bargaining Agreement

Between

Laborers’ Local Union No. 559

And

Southern Foodservice Management, Inc.

Covering Food Service Employees

At

Ft. Rucker, AL

Article I Union Recognition

Section A:

Section B:

Article II Union Security Section A:

Section B:

Section C:

Section D:

Article III Union Shop Article IV Management Rights Article V Access to Facility Article VI Probationary Period Article VII Seniority Article IX Disciplinary Action Article X Grievance Procedure Article IX – Arbitration Article XI Military Leave Article XII Bereavement Leave Article XIII - Shop Stewards Article XIV Wages and Work Hours Article XV - Overtime Article XVI Health and Welfare Article XVII Vacation Article XVIII Personal Leave Article XIX Holidays Article XX Pension Article XXI Uniforms Article XXII Jury Duty Article XXIII Individual Contracts Article XXIV No Strike, No Lockout

Section A Section B Section C Section D Section E Section F Section G

Article XXXI – Nepotism Article XXV Employee Injury Article XXVI Government Requirements Article XXVII General Article XXVIII Duration

PREAMBLE

THIS AGREEMENT is entered into by and between: Southern Foodservice Management, Inc. (hereinafter referred to as the “Company”) and Laborers’ Local Union 559 (hereinafter referred to as the “Union”) as representatives of all its non-supervisory and clerical employees in performance of Company’s contract for dining services at Ft. Rucker, AL (hereinafter referred to as “Location”), in the mutual interests 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.

This Agreement supersedes any and all prior Agreements between the Company and the Union.

Article I Union Recognition

Section A:

The Company hereby recognizes the Union as the sole bargaining agent for all of its non-supervisory food service and clerical employees, excluding all managerial employees and supervisors at Fort Rucker, Army Base in Alabama as defined in Section 2 of the National Labor Relations Act, as amended.

Section B:

Whenever the words “employee” or “employees” are used in this Agreement, they designate only such employees as are covered by this Agreement. Whenever in this Agreement employees or jobs are referred to in the male gender, it will be recognized as referring to both male and female employees.

FULL-TIME EMPLOYEES – a full-time employee is one who works equal to or greater than thirty (30) hours per week.

PART-TIME EMPLOYEES – a part-time employee is one who works less than thirty (30) hours a week.

Article II Union Security Section A:

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 a photocopy of the employee’s voluntary and individual written authorization for the Company to make such deductions, signed by the employee (Check-off cards). Such authorization form shall be provided by the Union. The Company will pay over to the proper officer of the Union the wages withheld for such initiation fees and dues. The remittance shall be accompanied by a list showing individual names, social security numbers, dates hired and amounts deducted. The total remittances are to be made not later than 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 initiation fees and dues and the manner in which same shall be deducted. The amount so withheld shall be reported and paid to the Union monthly.

Section B:

In the event of termination of employment or reduction in hours to the point where all deductions cannot be met, there shall be no obligation upon the Company to collect dues until all other deductions have been made.

Section C:

The Company will make available to the Union a list of newly hired and terminated employees covered by this Agreement. Such list will be prepared quarterly and will show the name, address, job classification and hire or termination date of such employees who were hired or terminated during the quarter for which the list is prepared.

Section D:

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 provision of this Union Security and Membership Article.

Article III Union Shop

The Employer and the Union agree that, within thirty (30) days following the later of either (a) execution of this Agreement or (b) an employee’s hire as a Full Time Employee or a Part Time Employee as defined in this Agreement, every such Full Time or Part Time employee shall either

(i) join the union and pay union dues or (ii) pay the Union an agency fee. All such employees shall have the option to pay that portion of the dues or agency fee representing the cost of representation. The Union shall make a written demand on any such employee who has failed to choose one of the above elections. If within seven (7) calendar days following receipt of such written demand by the Union, the employee has not tendered the required dues or agency fee, then the Employer shall discharge the employee upon written certification by the union of the forgoing and request for the discharge.

Article IV Management Rights

Subject to the express limitations of this Agreement and any applicable local Addendum hereto, the Company retains the sole and exclusive right in its discretion to manage its business, to hire, discharge for cause, lay off, assign, transfer, promote or demote employees; to determine the starting, breaks and quitting time; to establish work schedules; establish the services to be rendered by the Company, their quality and quantity, the methods, and processes of service, and the materials to be used; determine and establish the services, tools, equipment, machinery, production schedules, and production standards; to determine the number of employees, including the number of employees assigned to any particular dining operation or working schedule, and whether, when or where there is a job opening; to establish the work pace, work performance levels and standards of performance; to determine the job classification and the content and qualifications thereof;(the rates of pay for new job classifications covered by this Agreement shall be negotiated by the parties); to establish the need for and the administration of physical examinations or mental tests for any reason, including drug screens and drug tests; manage the direction and supervision of all of the employees; determine the assignment and transfer of employees between job classifications and between working schedules subject to the terms of this Agreement; determine the rules and regulations for all of the employees and the union has the right to grieve the reasonableness thereof; to determine when overtime shall be worked and whether to require employees to work overtime; to establish the work week, vacation schedules subject to the terms of this Agreement, and working schedules;

The Company shall also have the right to utilize employees or persons (including temporary contract labor) not covered by this Agreement to do work which is normally done by employees covered hereby to the extent that it is temporary and done so to correct an immediate deficiency;

fill an immediate need or handle a temporary increase in contract activity or requirements; and to the extent such work is scheduled that there are no union employees available and qualified to perform such work; to establish the funding of each benefit including the identity and selection of each carrier, insurer, fiduciary, administrator or trustee excluding those benefits provided exclusively by Union; to determine the utilization and security of all Company and Army premises, equipment, and facilities.

It is agreed that the stated rights and functions of management herein shall not be deemed to exclude other rights or functions of ownership or management not specifically stated.

Article V Access to Facility

Duly authorized union representatives or officers from the Union office shall be permitted to investigate the standing of all employees and investigate conditions at any facility covered by this Agreement to see that the Agreement is being enforced, provided that no interview shall be held during the rush hours, or unreasonably interrupt the duties of any employee or the business of the Company. The Company shall be notified by the Union representative before he shall take action with the person involved. The representative of the Union shall contact the highest ranking

Company representative then present at the facility and inform him of the circumstances. The Company and the Union representative shall conduct themselves in such a manner as to carry out the intent and spirit of this Section.

Article VI Probationary Period

Every new employee or employee re-hired after a break in seniority shall be on probation for the first ninety (90) calendar days of employment. Employment time will include the whole span of continuous service with the present (successor) contractor, wherever employed, and with the predecessor contractors in the performance of similar work at Location.

Section B:

At any time during such 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. Also, during the probationary period the employee will not have seniority rights per this Agreement.

Section C:

Any employee promoted to a job classification covered by this Agreement from a lower-paid classification shall be on probation for the first ninety (90) calendar days of employment in the new classification. At any time during such a probationary period, the Company may, for any reason, return the employee to that employee’s former position without any loss of seniority, and any such employee shall not have the right to file a grievance or have other recourse to the grievance procedure with regard only to any such return to former classification.

Article VII Seniority

It is agreed that the Company and the Union will establish 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, its predecessors, and state and federal agencies. The following Sections in this Article shall become applicable and shall be in force and effect upon the establishment of the seniority list. The Company shall provide an updated Seniority list quarterly to the Union.

Section B:

In the event the Company finds it necessary to lay off employees for any reason, other than disciplinary, such layoffs shall be on the basis of seniority within each job classification: i.e., the employee having the shorter period of continuous service in that job classification shall be the first laid off, provided those who are retained are qualified to perform the work to be done. The Company shall recall such laid off employees in the reverse order. Senior employees shall have preference of the greater hours available if equal distribution of work is impossible. Senior employees may, however, exercise their seniority rights by taking a job in a lower classification if they have had previous experience and/or training in that classification at Location.

It is the obligation of the employee to keep the Company informed of his current address and telephone number in order to be eligible for recall.

Section C:

Except as otherwise provided herein, seniority shall be measured from the date of the employee’s initial hire date with the Company or a predecessor employer engaged in providing similar services at Location, provided that there has been no break in seniority under Section D or E of this Article

Section D:

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/she:

(1) He/she voluntarily quits the job;

(2) Is discharged for cause;

(3) Remains on lay-off for a period exceeding one (1) year.

(4) Fails to report to work on the day following expiration if 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.

(5) Is absent from work for two (2) days within a 12 month period without properly notifying the Company of the reason for absence unless the reason for such absence or lack of notification is beyond the control of the employee, or in any event, fails to report for work as scheduled without such reason.

(6) Fails, while on lay-off, upon notice from the Company that work is available, to report to the Company for work as soon as practicable, but not later than seven

(7) work days and provided that the employee notifies the Company within three

(3) days of such notice that he will return to work within the seven day period. It is the obligation of the employee to keep the Company informed of his current address and telephone number.

Section E:

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 that he remains in the employ of the employer.

Article VIII Job Vacancies/Bidding Procedures

Section A.

When the employer determines that a vacancy exists in any classification or a new job classification is created, a notice will be posted for a period of five (5) calendar days on the posting bulletin board. The notice will contain the job description, the duties of the job description to be performed and the qualification requirements, the shift and schedule of the position, the rate of pay and the closing date of such notice. Any employee in the bargaining unit shall be permitted to sign the notice indicating their desire to be selected for the position. The Company shall determine the fulfillment of the position based on the qualifications, ability and seniority of the applicants.

Article IX Disciplinary Action

It is impossible for the Company to list and describe every offense which may result in disciplinary action or discharge. The following guidelines are provided so that you have an idea of the high standards the Company has set for and expects from its employees. In determining the seriousness of disciplinary action to take Company at its option may consider many factors which may increase or decrease the severity of the punishment including but not limited to:

1. The severity of the conduct

2. The history of the employee’s disciplinary record

3. The length of employment and employment record

4. The employee’s attitude

5. Any other circumstances or factors which in the Company’s view may play a role

The Union agrees to recognize the Company “Employee Handbook” as additional employment policies, procedures and guidelines. To the extent that provisions of the handbook are in direct conflict with provisions of this CBA, the CBA shall supercede the Employee Handbook.

Employees shall sign a statement indicating they have read and understand the Employee Handbook. Such statement shall include language confirming the priority of the CBA when adjudicating conflicts between the Handbook and CBA.

In considering which some examples of conduct, which may result in discipline or discharge include, but are not limited to the following:

A. SERIOUS OFFENSES WHICH MAY RESULT IN IMMEDIATE

DISCHARGE:

1. Fighting on Company time or on Company and/or Client premises.

2. Sexual harassment or any form of harassment, discrimination, threat of violence of violent behavior or workplace bullying by one employee to another employee or to any individual.

3. Willful destruction of property.

4. Immoral conduct or indecency on Company time, premises and/or

Client premises.

5. Instigating, counseling others or taking part in an unlawful work stoppage or slow down.

6. Sharing of confidential, proprietary or other operational information with any unauthorized persons or entities which would be detrimental to Company excepting those instances where required by Law or legal proceeding.

7. Smoking in hazardous areas.

8. Reporting for work in an intoxicated condition, under the influence of drugs or other substances.

9. Misrepresentation of facts in seeking employment

10. Carrying concealed weapons, or possession of firearms, weapons, explosives, alcoholic beverages, illegal drugs or any other banned substance or object on Company property or premises and/or Client premises.

11. Falsifying any reports or records.

12. Giving to any person or using another person’s Company pass or badge or other Company identification material.

13. Disorderly conduct on Company time.

14. Misuse, removing or trying to remove Company, Client and/or Government material (records, documents, property, tools, equipment, food, etc) from Company and/or Client premises without proper authorization.

15. Consumption of any type of alcoholic beverage or intoxicant or illegal drug or narcotics on Company premises to include parking areas and Mess Hall grounds or on Company time to include scheduled and unscheduled breaks.

16. Any act of dishonesty including but not limited to stealing, embezzlement, mishandling and/or misappropriation of Company/Client funds or property, falsification of application or knowingly providing false information to Company regarding any matter.

17. Falsification of time card, or time record, or punching another employee’s time card; or in any way tampering with your own or another’s time card or time record.

18. Removal of property of another employee or customer without permission.

19. Failure to comply with rules and regulations of Southern’s Client Company.

20. Use without authorization or deliberate waste of Company cash or merchandise regardless of intent.

21. Insubordination directed against Southern or Southern’s Management.

22. Rude, discourteous or indifferent treatment of customers.

23. Disrespectful treatment of Supervisor or Management personnel to include both verbal and non-verbal actions.

24. Denial of access to the premises by the client.

25. Positive test results from a drug/alcohol test.

26. Refusal to submit to a drug/alcohol test.

27. Violation of our Company Alcohol and Drug Free Work Place Policy.

28. Violation of Anti-Fraternization/Personal Relationships Policy.

B. SERIOUS OFFENSES WHICH CALL FOR STRONG DISCIPLINARY

ACTION AND POSSIBLE SUSPENSION OR DISCHARGE:

1. Gambling on the job.

2. Profane or abusive language and/or actions where the language or actions used are uncivil, insulting or contemptuous.

3. Soliciting or selling of any type on Client and/or Company premises during work time.

4. Horseplay, scuffling, throwing things, etc.

5. Violating any safety rules, policies, procedures or practices—or engaging in any conduct which tends to create a safety hazard or working in an unsafe manner. (This offense particularly may be considered serious or very serious depending on the nature of the offense.)

6. Failure to comply with governing authority (county, state, etc.) health code regulations, procedures and practices or failure to comply with Southern policies and procedures regarding food and personal safety and sanitation or any action which results in public safety hazard.

7. Gross neglect of duty.

8. Conducting yourself during non-working hours in such a manner that the conduct would be detrimental to the interests or reputation of the Company

9. Attempting to enter, entering or assisting any person to enter or attempt to enter the Company’s and/or Client’s premises without proper authority.

10. Taking or giving bribes, rebates, kickbacks and premiums or prizes.

11. Making false, vicious, malicious or detrimental statements concerning any employee, the Company or its products.

12. Sleeping or dozing on the job.

13. Failure to report an accident.

14. Mixing or exchanging your personal money with Company funds.

15. Violation of Company or Government Security Procedures (NOTE: The seriousness of this type of offense will vary depending on the circumstances and nature of the violation).

16. Absence without prior notification to the Company or without reasonable excuse.

17. Threatening, intimidating, coercing or interfering with fellow employees on of off the Company and/or Client premises.

18. Saving food for employee consumption excluding allowed employee meals.

19. Employee meals are to be consumed on-site in designated areas only.

Employees may not take Employee meals “to go” or leave with leftovers.

20. Being present in unauthorized areas on Southern’s or client’s premises during working hours or off duty hours.

21. Buying from Company’s suppliers or requesting favors for personal use or gain.

22. Contacting client or client’s organization regarding employment or personal matters which involve the employee and Southern.

23. Leaving the work site prior to the end of a scheduled shift without prior authorization.

24. Giving away or discriminating in portions of food served to our customers.

25. Violation of personal cell phone or any other electronic device use during work hours.

26. Workplace bullying.

27. Violation of our Social Media Policy excluding actions considered

“protected activity” by the NLRB

28. Violation of any Company established work rules.

C. OFFENSES LISTED IN D. BELOW WHICH WHEN REPEATED OR

WHEN TAKEN IN CONJUNCTION WITH OTHER OFFENSES WILL

RESULT IN THE FOLLOWING DISCIPLINARY STEPS:

1. First offense — First Warning

2. Second offense — Final Warning w/ suspension

3. Third offense — termination

D. TYPES OF OFFENSES ARE AS FOLLOWS:

1. Leaving your job or your regular working area during working hours for any reason without authorization except for lunch, rest periods and going to restrooms.

2. Tardiness without notifying your Supervisor or without reasonable excuse.

3. Excessive tardiness regardless of notification.

4. Incompetence or failure to meet Company established standards of efficiency, quality or customer service.

5. Neglect of duties and responsibilities (where gross neglect is not involved).

6. Lack of application or effort on the job.

7. Use of tobacco products in unauthorized areas.

8. Failure to keep accurate records (where falsification is not an issue) including timecards.

9. Unauthorized use of Company and/or Client telephones.

10. Excessive absenteeism.

11. Failure to comply with the code of dress, uniform policy, cleanliness, personal hygiene, personal habit, safety, hairnets, gloves or other requirements established by Governmental agencies or by the Company.

12. Chewing gum, drinking and/or eating at your duty station or in non-designated areas.

13. Failure to clock-out and clock-in for meal periods of 30-minutes or more.

14. Failure to clock-in when beginning work or failure to clock-out when leaving work each day. Employees are forbidden to work off the clock.

15. Working unauthorized overtime hours.

16. Failure to notify management at least 2 hours prior to scheduled shift of absence, tardy or other inability to fulfill scheduled shift.

17. Removal or alteration of posted notices. Employees are not allowed to post notices without the express consent of Company.

The Company reserves the right to alter the order described above, to skip or eliminate steps or create additional steps if it deems necessary.

E. Other Work:

Any employee found working for another employer while on approved leave of absence shall be considered to have voluntarily quit employment with Southern Foodservice Management.

Article X Grievance Procedure

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

Section B:

All grievances must be presented in writing (excluding Step 1) and filed in accordance with the following exclusive procedure:

Step 1: The employee who has a grievance shall discuss it with the Project Manager either himself or with the Shop Steward within five (5) working days excluding weekends and holidays of the occurrence or event which gave rise to the grievance. If the grievance is not settled at the Step 1 meeting, it may be appealed by the Union Representative in writing to the Project Manager to Step 2 within ten (10) days of the occurrence or event giving rise to the grievance excluding weekends and holidays. Company grievances shall be processed beginning with Step 2.

Step 2: The Project Manager shall arrange a meeting with the aggrieved employee, the Union Steward and Union Representative to consider the matter within ten (10) working days from receipt of the written grievance, excluding weekends and holidays. The Project Manager will render his decision in writing to the employee and union within ten (10) working days after the meeting. If the answer is not satisfactory, the Union has ten (10) working days after receipt of the answer to file a written appeal to Step 3 to the corporate representative of the Company. If the Project Manager does not render a written decision within the time limit stated above, the Union may within five (5) working days after the date the written answer was due, file an appeal to Step 3.

Step 3: Within ten working days after the written notice to the corporate representative of the Company, excluding weekends and holidays, the Union and the Company Corporate representatives shall confer and seek to settle the grievance. The Company shall render a written decision within five working days after conferencing with the Union. If the decision is not satisfactory, the Union has ten (10) working days after receipt of the answer to file an appeal to Arbitration. If the Corporate managers do not render a written decision within the time limit stated above, the Union may within ten working days after the date the written answer was due, file an appeal to arbitration via written communication to the Company representative, unless the union and the company both agree to submit the grievance to Step 4

Step 4:

Prior to submitting a grievance to arbitration, the Union and Company may elect upon mutual agreement of the parties to utilize the services of the Federal Mediation and Conciliation Service to mediate a settlement. Once the settlement is agreed to by the parties, the mediated settlement will be final and binding on the parties. Should this meeting fail in settling the item in question, either of the parties hereto may request arbitration.

Section C:

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 one (1) other person at any step of the grievance procedure except Step 1. The parties may mutually agree that further representatives may be present.

Section D:

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 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 (FMCS) to submit a list of five (5) persons qualified to act as the impartial arbitrator. Upon receipt of the list, either party may demand that the first list be discarded and a new list be submitted by the FMCS. The demand of a new list may only be exercised once by each party. A representative of the Company and a representative of the Union shall meet within five (5) days to 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 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. Neither party will be allowed to introduce any issue or evidence into the arbitration procedure that was not introduced and discussed in the grievance procedure. The impartial arbitrator will render his finding and award in writing within thirty (30) 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 terms or conditions of this Agreement.

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 or if an employee/grievant is present at the hearing, the Union will reimburse such personnel for time lost.

Article XI Military Leave

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

Article XII - Bereavement Leave

Employees shall be entitled to paid bereavement leave as set forth in the applicable local Addendum hereto.

Section B:

In the instance of the death of a member of the immediate family of an employee, occurring after the completion of the employee’s probationary period, the Company shall grant one paid leave annually (per contract year) to enable such employee to attend the funeral and otherwise assist in the burial of such member of the family. Additional days, (in the event of more than one immediate family death per year) would be an excused absence. A day’s pay shall consist of the employee’s regularly scheduled hours for the days during which the Bereavement occurs, and shall be applicable only to those days within his regular work week. The term “immediate family” as used herein shall consist of the following members only: Mother, Father, Stepparent, Spouse, Children, Step-Children, Siblings, Mother-in-Law, Father-in-Law, Grandparents and Grandchildren.

Employees shall give management reasonable notice of intent to take off for bereavement based on the circumstances. The Company reserves the right to require documentation of death and/or relationship to the deceased.

Article XIII - Shop Stewards

Shop Stewards shall be designated by the Union from the group they are to represent, and the Union will notify the Company of the duly designated Shop Stewards at each facility. Union shall have one (1) Shop Steward per shift.

Section B:

The Shop Stewards shall not interfere with the 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.

Section C:

Prior to leaving the work area, a shop steward will request permission from the supervisor which will not be unreasonably denied. Shop Stewards will not leave the work area during rush hours.

Section D:

A telephone will be made available to the shop stewards for the purpose of communicating with the Union. Such calls will be placed at no cost to the Company.

Article XIV Wages and Work Hours

The schedule of the effective wage rate and job classification for employees is set forth in the applicable local Addendum hereto.

All employees covered by this Agreement will be paid bi-weekly for all hours earned and owing from the previous two week period. Payday is on every other Friday. When a pay day falls on a holiday, all employees will be paid on the day prior to the holiday.

Section D:

Each and every employee covered by this agreement will be provided with not less than two (2) hours continuous work per shift, or pay thereof.

Section E:

If at the request of management, an employee works at least two (2) hours in a higher paid job classification than his own, he shall receive the higher rate of pay during such periods. Employees who at the request of management temporarily work in a job classification of a lower pay rate shall not be subject to any change in pay, but will continue to receive pay at their normal rate.

Employees working at a lower classification at the employee’s own request will receive the pay of the lower classification including employee’s exercise of their Seniority rights to pick up hours lost due to reduction in force or hours.

Section F:

The Company shall schedule job assignments daily. Within the DFA category (Mess Attendant II) said job assignments shall be assigned so that no employee within the category works the same assignment in consecutive days, unless manpower requirements dictate. Areas of rotation shall be as follows: Dining Room, Clipper Room, Serving Line and Salad Bar.

Article XV - Overtime

Section A: Overtime Employees shall be paid for overtime hours worked as follows: All work performed by an employee in excess of forty (40) hours in their payroll week shall be considered overtime and will be paid one and one-half (1 and ½) times the employee’s weighted average rate worked during the week. Time paid but not actually worked (e.g. Holiday pay, Vacation pay) shall not be considered as time worked for the purpose of calculating weekly overtime. Nothing herein shall be construed to require or permit the pyramiding of overtime or overtime pay.

Section B: Work Schedules

The total number of hours to be worked per day will vary depending upon the contractual requirements placed upon the Company by the government. The Company reserves full and total rights to assign hours on each shift to be worked by each individual in each job category. No employee is guaranteed a permanent or set schedule and no employee is guaranteed a specific number of hours or certain shift weekly. All shifts and schedules a are assigned at the discretion of management and according to the operational needs of the army.

The Company shall schedule its employees for its benefit to preclude overtime hours regarding Saturday and Sunday work for full time employees. Part time employees will be utilized for the purpose of such overtime requirements. If overtime work is available during the employees’ regular schedule, work shall be assigned according to seniority. Senior employees may decline overtime work, however the Company reserves the right to require overtime work should there not be adequate volunteer hours, such requirement beginning with the least senior employees.

Employees may be required to work on off days, provided the employee is notified twenty-four

(24) hours in advance. Off days are defined as days not on the schedule either active or on call.

Section D:

The company has the right to move employees in classification from one building to another provided the total number of hours scheduled remains the same or increases. However, employees cannot expect the company to move them from building to building for the sole reason that the other building has more headcount or increased hours available. Any change in building or schedule is solely with in the right of management.

Section E:

Those employees who have obligations such as second jobs or school are required to submit an availability schedule along with proof of that obligation ( in the case of school, a registration showing the name of the institution, the dates enrolled and the hours of attendance for each class) to the project management office. For the purpose of scheduling, those employees have the right to select available work according to their seniority if it falls within their needs; however, if their availability changes or if their availability does not allow them to work one of the available schedules, that employee will be scheduled when and where needed, without deference to their seniority to include on call, but so as not to interrupt their outside obligations. If that employees availability changes from that which they have filed with the project office, that employee is responsible for notifying the project office immediately in writing using the availability schedule. If the employee does not notify the office of such change and then misses a scheduled shift, the employee will be subject to disciplinary action.

Article XVI Health and Welfare

The company shall pay to each and every employee covered by this agreement Health and Welfare benefits set forth in the applicable local addendum hereto, for all straight time hours worked plus all hours of paid vacation, holidays and personal leave not to exceed forty hours per week.

Article XVII Vacation

Section A: Vacation Schedule Employees shall be entitled to paid vacations and paid leave as set forth in the applicable local addendum hereto (Addendum A) based on their length of service set by their Seniority date as defined in Article – Seniority of this Agreement.

Section B: Limitations Vacations will not be accumulated from year to year. Employee shall be limited to two weeks’ vacation at a time. Longer times off may be approved at the discretion of the Company. The employee will be paid at the employee’s regular rate current when vacation was due.

Section C: Paid Holiday during Vacation An employee will receive an extra day’s vacation or be paid an extra day’s pay for a paid holiday which falls within his vacation period, in accordance with the provisions of Article – Holidays.

Employees may elect to be paid accrued but not taken vacation pay during periods the facility is shutdown. Employees electing this option shall be allowed to take the same number of days they were paid vacation pay during the shutdown in unpaid vacation when operations resume and pursuant to Section D up to the normal amounts accrued by length of service.

Section D: Vacation Requests and Scheduling Vacations will be granted at times most desired by the employees in order of their seniority within their work shifts and job classifications, but the final right as to the allotment and scheduling of vacation periods is reserved to the Company in order to assure the orderly operation of its business.

Employees will apply, in writing, for vacation in December of each year for the following Calendar year. The Company will approve or disapprove all vacation requests submitted in December by January 15th. In the event that the Company denies an employee vacation time off the employee will have the right to receive pay in lieu thereof, on the next scheduled payroll period. A vacation period once assigned will not be cancelled by the company, except with agreement of the employee.

Vacation requests not received during the month of December, or, if the employee wishes to change their request, the must do so on a work out basis without the benefit of seniority.

Section E: Length of Service 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.

Section F: Vacation Calculation Vacation payments shall be based on the hours worked during the preceding normal work year and shall include all hours paid for vacation, sick/personal leave, bereavement leave, jury duty and holidays. Vacation will be calculated on the following basis: The total hours worked (to include time paid for holidays, vacation, sick/personal leave, bereavement leave, jury duty) during the employees previous employment year. This amount will be divided by the total full time factor of 2080 hours. The resulting figure will be multiplied by 40 hours. This will be the hours earned for each week of vacation that the employee is entitled to. For example, if an employee worked 7 hours per day, 5 days per week for a total of 1820 hours for the employment year, he would earn 35 hours of vacation for each week of vacation he is entitled to (1820/2080 x 40 = 35).

Section G: Unused vacation All unused vacation leave days shall be paid to employees by separate check on the next paycheck immediately following the end of each contract year (September 30). Unused vacation may not be carried over to the next contract year.

Article XVIII Personal Leave

Section A: Leave Accrual Paid personal leave will be paid as set forth in the applicable local Addendum hereto (Addendum A) based on length of service set by their Seniority date as defined in Article – Seniority of this Agreement. Leave will begin to accrue based upon the 1st day of the month following the month in which the employees anniversary date occurs, so, if the employee was hired on June 18, they will begin accruing their first leave day on July 1.

In order to qualify for leave, the following conditions must be met:

1. The employee must have been with the Company for one full year to be eligible to earn leave time.

2. The employee must have worked all of their scheduled hours for the time period between earning their most recent leave day and earning their next leave day. In other words, any absence from a scheduled day during that period would be grounds for not earning that day or days. This does not include approved time off such as personal leave days, vacation, and bereavement when proper notification has been given to management and or any other time off that has otherwise been approved by management or the company.

Section B: Taking Leave Employees will be required to give at least 48 hours notice in the event of requesting leave for a known event or scheduled appointment. Leave time may not be approved depending on operational needs and the number of employees on vacation, ill or otherwise unavailable for work.

Section C: Accrued but Unused All unused accumulated Personal leave shall be paid out to the employees at the end of the Location’s contract year or contract period if less than a year. Leave cannot be carried over from contract year to contract year.

Article XIX Holidays

Holidays for which every employee will be compensated at the hourly regular rate of pay are:

NEW YEAR’S DAY

MARTIN LUTHER KING DAY

PRESIDENTS DAY

COLUMBUS DAY

MEMORIAL DAY

INDEPENDENCE DAY

LABOR DAY

VETERANS DAY

THANKSGIVING DAY

CHRISTMAS DAY

In computing the number of hours for which the average number of hours worked by an employee during the preceding work week bears to forty (40) hours shall be applied to eight (8) hours to determine the number of paid hours said employee is entitled to receive. For example, if an employee worked thirty (30) hours during the work week preceding the holiday week, his holiday pay would be computed by taking ¾ (30/40) of eight (8) hours and multiplying the resulting six

(6) hours by his hourly base rate of pay.

Any work performed on a holiday will be paid at the employee’s regular rate of pay in addition to the holiday pay. A holiday that falls on Saturday or Sunday shall be observed in the same manner as that set forth for the Government employees at Location.

Section D:

In the event that one of the holidays shall occur during the employee’s vacation, the employee will receive an additional day of paid vacation, unless the employee and the Company agree that he may receive holiday pay in lieu thereof.

Section E:

When the Company requires work of any shift on a holiday, the Company will first seek qualified volunteers for such work. If there are not enough volunteers for such work, the Company will select qualified employees to protect the work to be performed in reverse seniority; however, if too many volunteer, the Company will select qualified employees to protect the work in order of seniority.

Section F:

In order for an employee to qualify for a paid holiday, he must have worked his regularly scheduled work day immediately preceding the holiday and his regularly scheduled work day immediately following the holiday, unless excused by reason of vacation, bereavement or other approved paid leave.

Article XX Retirement Plan

Company will contribute money in the amounts as prescribed in Addendum A under “Retirement Fund” to an investment or other Retirement Plan as detailed in Addendum B.

Article XXI Uniforms and Safety Shoes

The company shall furnish all full-time employees with five (5) wash and wear uniforms and part-time employees with three (3) wash and wear uniforms without cost to employees. It is the responsibility of the employee to maintain the uniforms to the cleanliness and appearance standards set by the company. Uniforms that become unserviceable due to normal wear and tear will be replaced as needed. Uniforms that become unserviceable due to non-normal wear and tear shall be replaced by the employee.

Section B:

Shoes – Company shall provide one pair of “non-slip” safety shoes for all employees. Employees must wear said safety shoes at all times when on Company premises. Reporting to work without safety shoes is a violation of the uniform policy and the employee will not be allowed to work and the company will not be responsible for payment of hours as required in Article XIV Section D.

Shoes that become unserviceable due to normal wear and tear shall be replaced by the Company.

Shoes that become unserviceable due to non-normal wear and tear shall be replaced by the employee.

Neither Shoes nor Uniforms shall be worn by any person unless on Company time or in transit to or from scheduled work with Company.

Article XXII Jury Duty

An employee summoned to serve on a jury shall receive compensation as set forth in the applicable local Addendum hereto. The employee must present jury summons and court attendance verification to Company.

Article XXIII Individual Contracts

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

Article XXIV No Strike, No Lockout

Section A During the term of this Agreement, the Union agrees not to call, cause, sanction, participate in, permit, authorize, initiate, support, assist, or condone any strike (including any unfair labor strike), sympathy strike, sit-down, slowdown, picketing against Company, boycotting, work stoppage, or other concerted efforts against the Company at the Location which directly interferes with or interrupts the Company’s operation or the servicing of the Company’s customers. This shall not be construed to include activities directed against entities other than the Company unless those activities are undertaken for the sole purpose of harming or pressuring Company.

Section B In the event of any strike or any other proscribed activity, the Union and its officers, agents, and representatives will make every good faith effort to end such activity.

Section C In the event of any strike or any other proscribed activity, the Company has the right to suspend the grievance and arbitration procedure of this Agreement until the proscribed activity has fully ceased.

Section D The Company shall have the right to proceed directly to court and not be required to arbitrate violations of this Article.

Section F Any employee who participates in any activity proscribed herein shall be subject to discipline, up to and including discharge. If any such discipline is arbitrated and the arbitrator determines that the activity did in fact occur, he/she shall not have the authority to mitigate the discipline. If the arbitrator determines the activity did not occur, the arbitrator may lessen or rescind the discipline. .

Section G During the term of this Agreement, the Company will not lock out any employees.

Article XXXI – Nepotism

The employer agrees to establish a General Policy of only hiring one bargaining unit person in an immediate family, as of the date of the signing of this contract. Any family members already hired prior to the signing of this agreement will not be affected. Immediate family is defined as legal spouse, mother, father, son, daughter, brother, sister, mother-in-law, father-in-law, sister-in-law, brother-in-law, and grandparents, grandchildren.

Article XXVIII – Reopener Clause for Local Wage Addenda

The Company and the Union agree to meet annually for the purpose of negotiating local area wages and fringe benefits to be attached as Addendum A. These negotiations shall commence sixty (60) days prior to expiration of Addendum A unless mutually agreed otherwise by the parties. During the negotiations pursuant to this section all aspects of the No Strike/No Lockout provisions detailed in Article XXIV shall remain in full force and effect.

Article XXV Employee Injury

An employee injured…