CBA Agreement_Redacted 0001.pdf

ARTICLE NUMBER

Article I Article II Article III Article IV Article V Article VI Article VII Article VIII Article IX Article X Article XI Article XII Article XIII Article XIV Article XV Article XVI Article XVII Article XVIII Article XIX Article XX Article XXI Article XX1I Article XXlll Article XXIV ArticleXXV Article XXVI Article XXVII Article XXVIII Article XXIX ArticleXXX Article XXXI Article XXXII Article XXXIII

TABLE OF CONTENTS

Purpose Union Recognition and Scope of Agreement Union Security Check-off No Discrimination Union Representation Discharge of Suspension Grievance Procedure & Arbitration Seniority Promotions Leave of Absence Wages Shift Scheduling, Basic Workweek and Hours of Work Show Up and Reporting Time Overtime Holidays Vacations Sick Leave Funeral Leave Health and Welfare Pension Training Hiring of Employees Wash and Wear Uniforms Miscellaneous No Strikes-No Lockouts Invalidity Health and Safety Physical Examination Management Clause Reopener Clause for Local Wage Addenda Successors and Assignees Effective Date and Duration Signatures

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Section 2 The foregoing provision shall not apply in any state to the extent that it may be prohibited by the state law. However, the Union is required under this Agreement, to represent all of the employees in the bargaining unit, fairly and equally, without regard to whether or not an employee is a member of the Union. The terms of this Agreement have been made for all employees in the bargaining unit and not for members of the Union only. According, it is fair and equitable that each employee in the bargaining unit assumes his/her fair share of meeting the Union's cost and expenses in performing its duties, as the exclusive bargaining representative.

Section 3 When work covered by this Agreement is to be performed upon property of the United States Government (as to which the provisions of any state's "right-to-work" laws are inapplicable), Section 1 shall apply for the duration of such work.

Section 4 In the event that in any or all of the states described in Section 2 of this Article, a decision or action of the United States Congress, State Legislature, or a court or administrative board of competent jurisdiction shall make the "Union Shop" or "Agency Shop" a lawful practice, the same shall become operable immediately and shall apply to all present and future employees.

Section 5 The Union agrees to indemnify the Employer for any costs, including legal fees, or liability incurred as a result of the Union's implementation and enforcement of the provisions of this Article.

ARTICLE IV

CHECK-OFF

Section 1 The employer agrees to honor check-off cards signed by individual employees, which authorizes the Employer to deduct from the employee's paycheck each month, the union dues, lawful fees & assessments as certified by the Union and contributions, and remit same as provided on remittance form within twenty (20) days. The Union agrees that in the event of any change in the Union's dues structure, it will notify the Employer twenty (20) days prior to the first (1'1) pay period of the following month. The Employer will furnish the Union with the names and addresses of all newly hired employees.

Section 2 The Employer agrees to deduct and transmit to the Laborer's Political League, five cents ($.05) for each hour worked from the wages of those employees who have voluntarily authorized such contributions on the forms provided for that purpose by the Union. The transmittals shall occur monthly and shall be accompanied by a list of names of those employees for whom such deductions have been made, and the amount deducted for each such employee.

The Laborers' International Union of North America agrees to indemnify and hold harmless the Employer from any and all claims, actions and/or proceedings arising out of these deductions.

ARTICLEV

NO DISCRlMINATION

Neither the Employer nor the Union shall discriminate against, or in favor of, any employee on account ofrace, color, creed, national origin, political belief, sex, age, veteran status or disability, because any employee exercised his/her rights under any federal or state law: All Employer policies, rules and interpretations of this Agreement shall be applied equally to employees in the bargaining unit.

ARTICLE VI

UNION REPRESENTATION

Section 1 The number and need of stewards shall be determined by the Union and appointments thereof will be made by the Business Manager. The Union agrees to limit the number of stewards to a maximum of one (1) per shift provided all employees have ready and prompt access to a steward.

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

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

Section 4 The Employer agrees that in the event it plans to transfer a steward, officer, or representative from one work shift and/or shop to another, it will inform the Local Union five (5) days prior to taking such action.

Section 5 Authorized agents of the Union shall have access to the Employer's establishment during working hours for the purpose of adjusting disputes, investigating working conditions, collection of dues, and ascertaining that the Agreement is being adhered to, provided, however, with advance permission and comply with all safety/visitor rules not to interfere with work by reporting to project office.

ARTICLE VII

DISCHARGED OR SUSPENSION

Section 1 The Employer shall not discipline or discharge any employee without just cause. An employee shall be subject to discharge for the following reasons including but not limited to:

(a) Dishonesty, which includes meaningful falsification of time cards, time clock, or time sheets.

(b) Intoxication during working hours.

( c) Use, possession, and/or distribution of illegal drugs, or being under the influence of illegal drugs during working hours.

( d) Fighting while on the premises.

( e) Deliberate property damage or other such gross misconduct.

(f) Not reporting to work, or over-staying an authorized leave of absence, without notifying the Employer for three (3) consecutive workdays.

(g) A false statement made on the application for employment, or to the medical examiner, with the intent to deceive.

(h) Unauthorized possession of firearms or explosives within facilities.

(i) Employees restricted by the Government from entering the Government installation.

0) Sleeping on the job.

Section 2 Other than a discharge for a reason identified above in Section 1, the Employer shall impose progressive discipline in the following manner.

(a) First Offense within any consecutive 12 month period.

(b) Second Offense within any consecutive 12 month period.

( c) Third Offense within any consecutive 12 month period.

( d) Fourth Offense any consecutive 12 month period.

( e) Fifth Offense within any consecutive 12 month period.

Written warning and counseling

One (I) day suspension

Dismissal, or three (3) suspensions, at the Employer's discretion.

Dismissal, or five (5) suspensions, at the Employer's discretion.

Dismissal, or fifteen (15) suspensions, at the Employer's discretion.

Section 3 Termination may occur even if offenses unrelated to each other. Example: Safety quality & attendance (I of each in 12 months can lead to termination).

Section 4 Pursuant to the Worker Adjustment and Retraining Notification Act (Title 9 U.S.

Code, Section 2103), the parties understand that all employees have been hired by the Employer to fulfill the Employer's service contract with the U.S. Government, and employment is therefore limited to the duration of the Employer's undertaking. It is further understood that the employees' employment will terminate upon completion of the service contract if the Employer's contract is not renewed.

ARTICLE YID

GRIEVANCE PROCEDURE AND ARBITRATION

Section 1 The parties to this Agreement, in the interest ofresolving all disputes, complaints or grievances, in connection with the interpretation or application with the interpretation or application of the terms of this Agreement, have agreed upon the following orderly and peaceful procedures:

Step One: The employee shall report to his/her steward and complaints, disputes or grievaoces, which he/she believes requires adjustment. The steward shall investigate to ascertain whether the complaint has merit and report the results tl1ereofto the Union Business Manager. The Union shall be the sole judge as to the validity of any grievance and in the event the Business Maoager believes the grievance has merit he/she shall attempt to resolve the dispute with the Project Manager. If the dispute is not resolved, the matter shall be referred in writing by the Union to Step Two, within five (5) days after reported. If the matter is not referred within (5) days after reported, the matter shall be closed.

Step Two: The Business Manager shall refer the matter in writing, to the General President of the International Union or his designee, and a copy of the Employer, and Supervisor shall refer the matter, in writing, to the Employer's President or his designee, and a copy to the Local Union. The parties will tllen meet in an effort to settle the grievance.

Jfno satisfactory settlement is arrived at within five (5) days after report, either party may, witllin (5) additional days, refer the matter to Step Three, Arbitration. The General

President of the International Union, or his designee, shall have fill authority to determine whether or not the Union wishes to process the grievance in to Step Three, Arbitration.

Step Three: The party invoking the provision of Step Three shall call upon the Federal Mediation and Conciliation Service to supply both the Employer and the Union with a list consisting of a least three (3) and not more than seven (7) individuals who would serve as Arbitrator. The parties may then invoke the usual procedures to strike off objectionable names.

The decision of the Arbitrator shall be fmal and binding upon both parties. Both parties shall share the cost of such arbitration equally.

Section 2 The parties may select a mutually acceptable neutral to act as a temporary or permanent Arbitrator for disputes arising under the terms of this Agreement.

ARTICLE IX

SENIORITY

Section I The Employer recognizes seniority for all employees who have been continuously employed at the same location for a period of thirty (30) calendar days, based upon the length of continuous service, with previous, present and succeeding Employers, according to the Employer's and the Union's records. Seniority is an important factor to be considered by it in shift assignments, promotions, demotions, lay-offs, and recalls after lay-offs within the unit.

However, the employer may also consider efficiency and capability, provided that when these factors are approximately equal, seniority shall prevail.

Section 2 A break in seniority shall occur in the following events.

(a) Ifan employee quits.

(b) If an employee is discharged for cause.

(c) Not reporting to work, or over-staying an authorized leave of absence, without notifying the Employer for three (3) consecutive workdays.

(d) If an employee is laid off for more than (6) months.

( e) If an employee leaves due to military TDY assignment.

Section 3 The Employer shall supply the Union with an up-to-date seniority list on the effective date of this Agreement and at the start of each contract year under the Employer's contract with the activity, every six (6) months thereafter, and at the termination of the Employer's contract with the Activity.

Section 4 All newly (non-seniority) hired employees will be under a consecutive 90-day probationary period starting at the time/date of hire. During the probationary period, the worker shall not acquire seniority, and may be discharged with documentation of just cause, according to this agreement and/or company workplace policy, but without recourse to the grievance and arbitration procedures provided herein. All such documentation is to be made available to Local #99 or its representative . .If retained as a regular employee upon satisfactory completion of the probationary period, seniority shall be retroactive to the first day of employment.

ARTICLEX

PROMOTIONS

Section 1 When the Employer determines that vacancy exists in a classification; a notice of the vacancy shall be posted for a period of three (3) calendar days in the normal posting locations.

Any employee in the bargaining unit shall be permitted to sign the notice indication his/her desire to be selected for the position

Section 2 In effecting a promotion, the Employer will first give consideration to employees in the unit and selection will be made from qualifications as defined (performance, absence of discipline, attendance, behavior and safety) there from unless an outside applicant is better qualified.

ARTICLE XI

LEAVE OF ABSENCE

Section 1 - Personal Leave of Absence

A leave of absence without pay for reasonable cause as determined by the Employer, or for Union activities, will be granted for a period up to ninety (90) calendar days, with written approval of the employee's Supervisor at least fifteen (15) days in advance of such leave of absence, provided the employee can be spared from his/her regularly assigned job duties. Such leaves of absence may be extended, shown upon written approval of the employer. Employees who are away for a period longer than the term of the leave of absence, or who accept employment elsewhere without permission of the Employer during such leaves of absence, shal) be considered to have voluntarily terminated their employment with the Employer. Leave of absence shall not cause a change in seniority date. However, there shall be no accrual benefits and no holiday pay for any holiday, which falls during the period they are on leave without pay.

Section 2 - Military Absence

(a) The Employer and the Union agree to abide by the provisions of the Selective Service Act, and the Veteran's Reemployment Act, insofar as the provisions of said Acts supply to the rights of employees and the obligations of the Employer.

(b) Employees who are members of the National Guard and Military Reserve Units, shall be granted necessary time off, without pay, in order that they may fulfill their military obligations. These employees must notify their Supervisor immediately requiring a military leave of absence. Employees may elect to use earned vacation benefits (if eligible) during periods of military service.

( c) Active military personnel shall not be granted any leave of absence

(d) For any military TDY assignments by their military agency. Per Article IX, Section

3 ( e ), and employee leaving his/her work due to a TDY assignment, shall lose his/her seniority rights.

Section 3 - Injury or Sickness Leaves of Absence

A leave of absence without pay for injury or sickness, death in the immediate family, extreme hardship for an employee or any member of his/her immediate family, will be granted for a reasonable period up to ninety (90) calendar days. An employee desiring a leave of absence from his/her employment shall secure written permission from the Employer with a copy mailed to the

Union. The Employer may require medical proof of illness or injury, and reasonable evidence of death or hardship. The maximum leave of absence shall not cause a change in seniority date.

However, there shall be no accrual of benefits during a leave of absence for maternity shall be granted in accordance with applicable law.

Section 4 Medical Treatment

The Employer provides Worker's Compensation coverage for employees who snstain an injury or contract a sickness covered by Worker's Compensation. The employer will pay the injured or sick employee the hours worked by his/her crew on the date of his/her injury or sickness.

ARTICLE XII

WAGES

Employees shall be paid wages, shift premiums and fringe benefits in accordance with the schedule of wages identified as Addendum A for each location. The rates of pay, shift premiums and fringe benefits, shall be negotiated between the Employer and designated representatives of the Local Union that has jurisdiction to represent the employee.

ARTICLE XIII

SHIFT SCHEDULING. BASIC WORKWEEK & HOURS OF WORK

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

Section I Workweek

The regular workweek for all employees shall begin and end at 12:00 midnight on Saturday. The Employer will make every effort in scheduling to ensure that no Employee works more than seven (7) consecutive days. Due to the inconsistent tasks and scheduling required by the contracting agency, the Union recognizes that it is impossible to place all of the Employer's employee on a thirty-five (35) hour workweek. Therefore, the Employer agrees to place as many employees as possible on a thirty-five (35) hour, five (5) days per week schedule.

Section 2 - Days Off

Each full time employee shall have (2) scheduled days off in each regular workweek. The Employer must notify the affected employee at least two (2) calendar days in advance of any change in regular "scheduled days off''. Where employees are required to maintain continuous operation of departments or assignments, days off may be fixed or rotated consistent with the requirements of the service. The employer will make every reasonable effort to arrange work schedules so that a maximum number of employees will be off duty on Saturdays and Sundays, consistent with operational requirements.

Section 3-Shift

Shift for all regular employees shall be established as follows:

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

(b) Employees transferred from one shift or one ( 1) location to another shall receive at least twenty-four (24) hours' notice except during an emergency.

, ( c) EMERGENCY DISCONTINUANCE of OPERATION - In the event of any emergency (e.g. severe weather conditions) requiring the discontinuance of the Employer's operation, employees will be released from work and/or will be excused from their obligation to report for work at least to the same extent as employees of the activity.

(d) There shall be a fifteen (15) minutes rest period during the first half of each member's shift providing their schedule workday exceeds five (5) hours. Such rest periods shall be taken without loss of pay at a work location to be determined by the Employer. Employees scheduled to work (5) hours or less in any one (1) workday, shall not be granted rest periods.

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

(f) The provisions of this Article shall not be construed as a limitation upon the number of hours per day per week the Employer may operate business or schedule its employees, not hall it be construed as a guarantee of the minimum of hours available to employees.

ARTICLE XIV

SHOW UP AND REPORTING TIME

Any employee reporting work at the regular starting time when he/she has not been notified not to report and for whom no work is provided, shall receive two (2) hours pay at his/her regular hourly rate. Any employee reporting for work at the regular starting time, and who is placed at work, shall be paid for no less than four ( 4) hours at his/her regular rate, even though four ( 4) hours have not been worked. If more than four ( 4) hours are worked in any one ( 1) shift, an employee shall receive pay for actual hours worked. Any employee called in outside his/her regular working hours, or on his/her scheduled day (s) off, shall be granted a minimum of three (3) hours pay at the regular rate.

ARTICLE XV

OVERTIME

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

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

The Employer will distribute overtime work as is necessary, and as fairly as possible between employees affected by such overtime work.

Section 3 Notwithstanding that an employee is otherwise entitled to a vacation, and has qualified for same he/she forfeits all vacation pay or privileges if prior to taking his/her vacation, he/she quits without giving the Company one (I) week's written notice of his/her intention to quit.

ARTICLE X VIII

SICK LEAVE

Section 1 Employees shall be entitled to sick leave with pay at the employee's regular rate, as identified in Addendum A covering their location. Sick leave is earned by part-time employees on a pro rate basis compared to a full-time (35 hour/week) employee. For employees wbo work an irregular schedule of weekly hours, which is dependent upon workload ( as agreed to by signatories to the agreement), sick leave shall be figured on the basis of the average hours worked each week in the previous twelve (12) month of employment.

Section 2 No sick leave pay shall be paid for less than one half(l/2) day. Employees who are absent due to illness for more than one-half their normal work day will receive pay for hours worked on one half (1/2) day sick pay. If an employee works more than one half (1/2) day, the employee shall only be paid for hours worked and will receive no sick leave pay. The Employer may require medical proof of illness for absences in excess of two (2) days.

ARTICLE XIX

FUNERAL LEAVE

Funeral leave as identified in Addendum A shall be recognized as follows:

An employee who has death in his or her immediate family, defined as his or her Mother, Father, Spouse, Son Daughter, Brother, Sister, Mother-in-law, Father-n-law, or a member of his or her immediate family through adoption or guardianship, shall be paid up to and including three (3) days' pay at his or her regular rate for time missed within one ( 1) week of the funeral. Step parents, Stepchildren, and Grandparents, shall be considered immediate family.

ARTICLE XX

HEALTH AND WELFARE

The Employer shall contribute for each hour for which an employee covered by this Agreement is entitled to pay an amount as set forth in Addendum A to the Laborer's National Health and Welfare Fund. The Employer and the Union hereby adopt the Agreement and Declaration of Trust establishing said Fund, a copy of which has been provided to each, and agrees to comply therewith.

ARTICLEXXI

PENSION

Section I The Employer shall contribute for each hour for which an employee covered by this Agreement is entitled to pay an amount as set forth in Addendum A to the Laborers International Union of North America National (Industrial) Pension fund. The Employer and the Union hereby adopt the Agreement and Declaration of Trust establishing said fund, a copy of which has been provided to each, and agree to comply therewith.

Section 2 The Employer shall contribute for each hour which each employee covered by this Agreement is entitled to pay, to the Southeast Laborers' Supplemental Pension Fund at the rate set forth in Addendum A to this Agreement. The Employer and the Union hereby adopt the Agreement and Declaration of Trust establishing said Fund, a copy of which has been provided to each, and agree to comply therewith.

ARTICLE XXII

TRAINING

The Employer shall contribute for each hour which each employee covered by this Agreement is entitled to pay, to the Southeast Laborers Training and Apprenticeship Fund at the rate set forth in Addendum A to this Agreement. The Employer and the Union hereby adopt the Agreement and Declaration of Trust establishing said Fund, a copy of which has been provided to each, and agree to comply therewith.

ARTICLE XXII

HIRING OF EMPLOYEES

Section I The Employer agrees that it will contact the Union office and give the Union an opportunity to furnish all classes of employees covered by this Agreement. If the Union cannot supply the needed personnel, the Employer may obtain applicants from any and all sources for the particular requirement. Selection of applicants for referral to or for employment on jobs, shall be on a non-discriminatory basis and shall not be based on, or in any way affected by Union membership, bylaws, rules, regulations, constitutional provisions or any other obligations or aspect of Union membership, policies and requirements. The Union will accommodate any hiring requirements imposed on the Employer by federal or state laws and regulations.

Section 2 The Employer will furnish the Union with the names and addresses of all newly hired employees.

Section 3 When the Employer is awarded a new service contract for work covered by a collective bargaining agreement between a predecessor contractor and the Laborers International Union or its affiliate, the Employer agrees to retain all employees of the predecessor contractor required for performance of the contract. If fewer than all are to be retained, Article IX, Seniority, shall apply to the selection.

ARTICLEXXN

WASH AND WEAR UNIFORMS

The Employer shall provide three (3) initial wash and wear uniforms, which it requires the employees to wear. One (1) additional new wash and wear uniform shall be provided to each employee, without cost, every twelve (12) months. The employees shall launder and maintain their unifonns at their own expense.

ARTICLEXXV

MISCELLANEOUS

Section 1 The Employer will provide facilities where all employees may eat their meals at their regularly schedule time, provided such facilities are made available by the U.S. Government.

Section 2 The Employer agrees to give Laborers Local 99 a copy of the Employer's written personnel policies and copies of the job descriptions for all classifications in the bargaining unit.

lfno job description exists for a job classification, it will be immediately negotiated jointly by the Union and the Employer.

Section 3 Supervisors and other personnel outside the bargaining unit, shall not regularly perform bargaining policies and copies of the job description for all classifications in the bargaining unit. If no job description exists for a job classification, it will be immediately negotiated jointly by the Union and the Employer.

Section 4 The pay period and payday shall be biweekly.

Section 5 Employees, who are discharged from the services of the Employer, shall receive their wages and personnel property in full within seven (7) days thereafter. Employees who quit the services of the Employer without urgent reason, will receive their wages at the next regular pay day, but may receive their personal property upon quitting. Employee who is discharged or resigns will receive any wages until he/she has furnished proof that his/her file at Base Security has been cleared, all badges/passes surrendered, and has cleared the Employer's property files.

No wages will be released until all uniforms are turned into the Employer in a clean and unabused form.

ARTICLE XXVI

NO STRIKE-NO LOCKOUTS

Section 1 It is the intent and purpose of the parties hereto, set forth herein, this basic Agreement covering wages, hours of work and other terms and conditions of employment to be observed by the parties and to provide a procedure for the parties. Accordingly, it is agreed that there shall be no interruptions in, or impediments to the Employer's operations, or any stoppages, strikes, or lockouts during the life of this Agreement arising out of such dispute or grievance. Instead, such disputes and grievances shall be peacefully resolved under the grievance procedure provided in Article VIII.

Section 2 It is agreed that in all cases of any unauthorized strikes, slowdowns, walkouts, or any other unauthorized acts of the employees of the Employer, or of an affiliated Local Union and/or District Council, or official thereof, the Union shall promptly undertake to induce employees to return to their jobs and to process any dispute under Article VIII and no liability shall attach to the Union unless, and until, any such unauthorized act has been expressly ratified by the Union.

The Employer acknowledges that stewards are not authorized to act for the Union in connection with any strike, slowdown are other job action, or in connection with amending the terms of this Agreement.

ARTICLE XXVII

INVALIDITY

In the event that any term or provision of this Agreement shall be declared in violation of federal or state law, or shall, through action of any federal or state legislation become unlawful, such term or provision shall be void and of no effect in that particular jurisdiction. All other terms and conditions of this Agreement shall remain in full force and effect, In the event the wages and fringe benefits contained in Addendum A are found by the Secretary of Labor to be at substantial variance with the prevailing wage rates, or the result of less than arms-length negotiations, pursuant to Article 4 of the Service Contract Act, the Employer shall be obligated to pay only the wages and fringe benefits specified in the new wage determination issued by the Department of Labor.

ARTICLE XXVIII

HEALTH AND SAFETY

The Employer and the Union agree that they will cooperate in the enforcement of health and safety standards aud rules that may be established by the Employer in the compliance with OSHA or other statutory regulations.

ARTICLE XXIX

PHYSICAL EXAMINATION

If required by the Contracting Agency, the Employer may require an employee to undergo a physical examination and it shall have the right to select the examining physician, request the physician to conduct specific required tests, and to receive a written report from the physician as to his/her findings. Such reports shall be considered and treated in a confidential manner by the Employer. The total cost of such physical examinations, exclusive of any treatment given, shall be borne by the Employer.

ARTICLEXXX

MANAGEMENT CLAUSE

Section 1 The Employer retains the sole rights in its discretion to manage its business to hire, discharge for cause, lay off, assign, transfer and promote its employees; to determine the starting and quitting time and the number of hours to be worked and all other rights and prerogatives subject only to such regulations and restrictions governing the exercise of these rights as expressly provide in this Agreement.

Section 2 The execution of this Agreement shall not create any vested rights in the employees of the Employer and all rights not specifcally relinquished by the Employer in this Agreement shall remain the Employer's.

ARTICLEXXXl

REOPENER CLASUE FOR LOCAL ADDENDA

The Employer and the Local Union agree to meet for the purpose of negotiating local area wages and fringe benefits to be attached as Addendum A. Any proposed changes which the Local Union wishes to be considered by the International Union in the negotiations of Addendum A, shall be submitted at least sixty (60) days before the expiration of the Employers contract with the federal installation described in Addendum A.