CBA FINAL 2018 - 2021 - Final Clean - 9-7-18_SFS signed (1).pdf

AGREEMENT

Between

SDAC Facility Services, LLC (SFS)

And

THE INTERNATIONAL UNION OF

OPERATING ENGINEERS

LOCAL 99-99A, AFL-CIO

For

Humphreys’ Engineer Center Support Activity Fort Belvoir, Virginia

July 1, 2018 – June 30, 2021

Agreement between Local 99, IUOE, and SDAC Facility Services LLC (SFS) for HECSA at Fort Belvoir Term: July 1, 2018 – June 30, 2021

INDEX

ARTICLE I UNION REPRESENTATION AND MEMBERSHIP

Section 1.1. Union Representation Section 1.2. Employees Section 1.3. Membership Section 1.4. Good Standing Section 1.5. Jurisdiction Section 1.6. Duties/Classifications Section 1.7. Union Access Section 1.8. New Hires Section 1.9. Seniority List Section 1.10. Shop Stewards

ARTICLE II WAGES, HOURS AND OVERTIME

Section 2.1. Wage Schedule Section 2.2. Work Week and Overtime Section 2.3. Call Back Section 2.4. Days Off Section 2.5. Work Schedule Posting Section 2.6. No Reduction Section 2.7. Working Out of Classification Section 2.8. On-Call Duty Section 2.9. On-Call Pay Section 2.10. Security Clearance Differential Section 2.11. Site Closure by the Government Section 2.12. Part-Time Employees

ARTICLE III VACATIONS, HOLIDAYS, & SICK LEAVE

Section 3.1. Vacation Eligibility Section 3.2. Vacation Use Section 3.3. Vacation Accrual Section 3.4. Vacation Use Section 3.5. Holidays Section 3.6. Sick Leave Section 3.7. Proof of Illness Section 3.8. Doctors/Dental Visits Section 3.9. Personal Day

ARTICLE IV MISCELLANEOUS

Section 4.1. Orders and Instructions Section 4.2. Jurisdiction Section 4.3. No Conflict Section 4.4. JAC Contributions Section 4.5. Funeral Leave Section 4.6. Union Dues

Section 4.7. Jury Duty Section 4.8. Military Service Section 4.9. Tools Section 4.10. Uniforms Section 4.10(a). Shoe Allowance Section 4.11. Successor Section 4.12. Compliance with Federal and State Law Section 4.13. Strikes and Lockout Prohibited Section 4.14. Education/Training Section 4.15. Management Rights

ARTICLE V HEALTH, WELFARE & PENSION BENEFITS

Section 5.1. Health & Welfare Section 5.2. Pension

ARTICLE VI GRIEVANCE & ARBITRATION

Section 6.1. Grievances Section 6.2. Processing of Grievance Section 6.3. Arbitration

ARTICLE VII LAYOFF AND RECALL

ARTICLE VIII NEW HIRES, PROMOTION, SELECTION & JOB POSTING

ARTICLE IX TERM OF AGREEMENT

EXHIBIT A WAGES

AGREEMENT

THIS AGREEMENT is made by and between Local 99-99A, International Union of Operating Engineers, affiliated with the Greater Washington Central Labor Council, AFL-CIO, party of the first part (hereinafter referred to as the "Union"), SDAC Facility Services LLC (SFS), party of the second part (hereinafter referred to as the "Employer" or “Company”). That for the purpose of mutual understanding, and in order that a harmonious relationship may exist between the Employer and the employees in the Unit herein defined, and to the end that continuous and efficient service may be rendered by both parties for the mutual benefit of both, it is hereby agreed that:

ARTICLE I

UNION REPRESENTATION AND MEMBERSHIP

Section 1.1. Union Representation: The Employer recognizes the Union as the exclusive representative for the purpose of collective bargaining with respect to rates of pay, hours of work and other conditions of employment for its full-time and regular part-time employees as identified in “Exhibit A” of this Agreement.

Section 1.2. Employees: All employees in positions under the classifications as set forth in Exhibit "A" attached hereto and as further referred to in Section 1.5. of this Agreement.

Section 1.3. Membership: In accordance with the Labor-Management Relations Act of 1947 as amended, the Employer and the Union have entered into a union security agreement requiring employees to pay uniform, periodic union dues and initiation fees. All employees covered by this Agreement shall within thirty (30) days from and after the effective date of this Agreement and as hereinafter set forth, or within thirty (30) days after their employment, pay periodic union dues and initiation fees if applicable. The first ninety (90) days of employment shall be a probationary period during which an employee may be discharged with or without cause. This paragraph shall not be deemed effective or applicable to the Commonwealth of Virginia nor any other jurisdiction where its application would be contrary to law.

Section 1.4. Good Standing: Subject to the provisions of the Act and Section 1.3 above, the Employer shall, on, but not before, the tenth (10th) working day from receipt of written notice from the Union, discharge any employee who is not in good standing in the Union as defined in the Act and as required by the preceding paragraph

Section 1.5. Jurisdiction: To the extent Employer is responsible such equipment, the jurisdiction of the Union shall extend over and include the operation, maintenance and repair of:

a. All boilers, their accessories and appurtenances.

b. All fired or unfired pressure vessels and vacuum systems.

c. All refrigeration and air conditioning machines and their associated equipment including maintenance and repair of cold storage spaces.

d. All plumbing and piping including water, gas, heating, steam, and sanitation systems.

e. All emergency power equipment

f. All machinery and equipment used in the production and for health and comfort of the Employer's business and personnel.

g. Any and all equipment covered under the terms of the employer's contract with the Government. Employees will continue to do such work not listed above that has been performed in the past.

h. In addition, it is expressly agreed that the jurisdiction of the Union shall include any and all on-site monitoring, operation, or control of the Energy Management Systems. The Company, at its discretion, may use other union or non-union personnel to perform repairs, upgrades, data modification and services as may be required to meet the Government mission.

The Union, in the exercise of its rights, agrees to keep the equipment covered herein in a clean and orderly condition.

The jurisdiction of the union covers the above to the extent the union work force is employed to operate, maintain, monitor and control the above listed systems:

Section 1.6. Duties/Classifications: The scope of duties of the classifications in this Agreement shall be as follows:

a. Lead Engineer - To be responsible for the supervision of the bargaining unit workforce and other personnel and all equipment assigned at the specific work location. To perform such duties as may be assigned to him by the Company. Shall hold jurisdictional licenses and/or certifications as required by the Government contract. Shall hold a Universal CFC Certification.

b. Engineer - To be responsible to the immediate supervisor only, for the safe and efficient operation and maintenance of all equipment as defined in Section 1.5 of this Article I. Shall hold jurisdictional licenses and/or certifications as required by the Government contract. Shall hold jurisdictional licenses and/or certifications as required by the Government contract. Shall hold a Universal CFC Certification.

c. Master HVAC Mechanic – To be responsible to his immediate supervisor for the safe and efficient operation and maintenance during his shift of all equipment as assigned and performance of other duties specified by the Company pertaining to mechanical operations and maintenance of building equipment. Shall hold jurisdictional licenses and/or certifications as required by the Government contract. Shall hold a Virginia or Maryland Master HVAC License.

d. HVAC Journeymen - To perform installation, scheduled and unscheduled maintenance and repair of all HVAC equipment as described in Section 1.6 of this Article. Shall hold jurisdictional licenses and/or certifications as required by the Government contract. Shall hold a HVAC Journeymen License.

e. Master Electrician - Determines methods to accomplish electrical related assignments. Performs all electrical trades’ functions necessary to install, maintain, and repair the fixtures, equipment, and systems described in the contract. Shall hold jurisdictional licenses and/or certifications as required by the Government contract. Shall hold a Master Electrician License.

f. Controls Technician – Makes all necessary adjustments, repairs, and modifications to the Control Systems. Shall hold an “Andover Continuum Technician” certification or equivalent. Shall hold a Universal CFC Certification.

g. Electrician – Determines methods to accomplish electrical related assignments. Performs all electrical trades’ functions necessary to install, maintain, and repair the fixtures, equipment, and systems described in the contract. Shall hold jurisdictional licenses and/or certifications as required by the Government contract.

h. Journeymen Licensed Plumber - Responsible to the immediate the safe and efficient operation and maintenance of all equipment as defined in Section 1.6 of this Article. Determines methods to accomplish plumbing related assignments. Performs all plumbing trades’ functions necessary to install, maintain, and repair the fixtures, equipment, and systems described in the contract. Shall hold a Journeymen Plumbing License issued by the state of Virginia, Maryland, or District of Columbia.

i. Journeymen Licensed Plumber w/10 years’ experience - responsible to the immediate supervisor for the safe and efficient operation and maintenance of all equipment as defined in Section 1.6 of this Article.

Determines methods to accomplish plumbing related assignments.

Performs all plumbing trades’ functions necessary to install, maintain, and repair the fixtures, equipment, and systems described in the contract.

Shall hold a Journeymen Plumbing License issued by the state of

Virginia, Maryland, or District of Columbia. Must have 10 years’ experience in this field.

j. Master Licensed Plumber w/10 years’ experience – Responsible to the immediate supervisor for the safe and efficient operation and maintenance of all equipment as defined in Section 1.6 of this Article. Determines methods to accomplish plumbing related assignments. Performs all plumbing trades’ functions necessary to install, maintain, and repair the fixtures, equipment, and systems described in the contract. Shall hold a Master Plumbing License issued by the state of Virginia, Maryland, or District of Columbia. Must have 10 years’ experience in this field.

k. Carpenter – To install, maintain, fabricate and repair all doors, locks, interior and exterior finishes, windows and associated equipment, installation and repair of drywall including point up, tape, float and finishing, vinyl composition tile, vinyl base, acoustical ceiling tile, finish carpentry such molding and trim, plastic laminate repair, etc.

l. General Maintenance Worker – To perform general maintenance and repairs of equipment and buildings requiring practical skill and knowledge (but not proficiency) in such trades as painting, carpentry, plumbing, masonry and electrical work

m. Apprentice Engineer – To perform all assigned training duties under the immediate supervision of the Chief Engineer. In the performance of these duties, the Employer agrees to confirm to the Standards, as printed, of the Local 99 – 99A, I.U.O.E. Joint Apprenticeship Committee. The Apprentice Engineer shall at no time be permitted to stand an Engineer’s watch nor to be assigned to a fixed routine which might interfere with his/her training program.

n. Facility Trades Helper – Provide assistance to various skilled tradesmen as assigned. Assist tradesmen in any or all of tradesmen’s work from simple to complex tasks. Work is performed under general direction of higher-classification tradesmen or the Project Manager.

n. Data Control Clerk- Performs all administrative duties for Project

Manager. Including, but not limited to data entry into the contract required CMMS, preparation of weekly planned maintenance work orders, receiving and disbursing service orders, preparing end of the month reports, maintaining weekly expenditure log, performing other duties as required or directed by management. Must have 3 years’ experience working with a CMMS and Microsoft Office Suite software.

Section 1.7. Union Access: The Business Manager and/or Business Representative of the Union shall be permitted access to the facilities where employees covered by this Agreement may be working for the purpose of conducting official Union Business. In the exercise of this provision, the Union agrees to first notify the Employer twenty-four (24) hours in advance of its intent and time to enter said premises. The Union acknowledges that access is contingent upon client’s approval.

Section 1.8. New Hires: In determining the qualifications of new employees, the Employer may require the applicant to be mentally and physically capable and competent to protect the best interest of the Employer. The first ninety (90) days of employment shall be a probationary period during which an employee may be discharged with or without cause.

Section 1.9. Seniority List: The Employer agrees to provide to the union a seniority list on a semi-annual basis to include the name, job classification, and the date of hire of all employees.

The Employer further agrees to provide a list of all newly hired employees with their classification and date of hire each month to the Union with their date of hire

Section 1.10. Shop Stewards: The Employer agrees to recognize a duly appointed Shop Steward. The Shop Steward shall be afforded a reasonable period of time to conduct Union business during working hours as long as such action does not interrupt operations. The Employer will pay the Steward when meeting with the Employer during normal working hours to properly handle grievances. When meeting with staff on Union related business, except when pertaining to grievances, the steward will make every effort to conduct the meeting during off time. Each steward shall be the last laid off from within his or her wage classification as identified on Exhibit A.

ARTICLE II

WAGES, HOURS AND OVERTIME

Section 2.1. Wage Schedule: The wages shall be as shown in Exhibit “A” attached hereto and made a part of this Agreement. All wages are to be paid bi-weekly (twenty-six pay periods per year).

Section 2.2. Workweek and Overtime:

a. Workday Definition: A standard workday shall consist of eight and one-half (8½) consecutive hours, inclusive of a one-half (1/2) hour unpaid lunch period, on five (5) consecutive days.

b. Overtime: Any work exceeding eight (8) consecutive hours, in any one (1) day or forty (40) hours in any one (1) week (but not both) shall constitute overtime and shall be paid for at one and one-half (1½) times the basic rate. Work performed on the seventh consecutive day of the workweek shall be paid for at double or two (2) times the basic rate. All paid time off is included in the calculation for overtime (vacation, sick leave).

Section 2.3. Call Back: In the event that an employee is called back to work in an emergency or for any other reason (other than negligence on his/her part) after completing his/her regular work day and leaving the premises, he/she shall receive not less than four (4) hours pay for same, calculated at one and one-half (1½) times the basic rate.

Section 2.4. Days Off: Each employee shall have two (2) regularly assigned days off in each forty (40) hour week and these days shall be consecutive. Should an employee be assigned to work on either of his/her assigned days off (referred to as sixth and seventh day), or both, he/she shall be paid at the appropriate overtime rate. He/she shall not be assigned off on any of his/her regular working days in order to avoid the payment of overtime.

Section 2.5. Work Schedule Posting: The Chief Engineer shall post a work schedule in the Control Room of the Central Plant, and/or in a conspicuous area for all affected employees. The work schedule will be posted seven- (7) calendar days in advance.

Section 2.6. No Reduction: No employee shall suffer a reduction in salary, adverse change in working conditions or the loss of any benefit now enjoyed by him/her as a result of this Agreement, but this shall not be held to apply to the result of any rearrangement or reorganization of personnel, and it is agreed that this section is limited to the understanding that an employee now enjoying a benefit greater than one expressly provided in this Agreement shall continue to receive the benefit so enjoyed and not be reduced to such lesser benefit provided herein.

Section 2.7. Working Out Of Classification: Work performed in a higher rated job classi-fication by an employee in this collective bargaining Agreement shall be paid for at the higher rate when the Employer expressly reassigns such employee to work in a higher rated classification. Such reassignment to a higher rate shall only be valid if written approval of management is received. For the purpose of overtime and for callbacks, the employee will be paid at the higher classification when the overtime or call back is for the purpose of performing work of the higher classification. It is understood that in cases of emergencies or where there are shortages of manpower, the employer may temporarily assign bargaining unit personnel to other classifications. In such cases, there shall be no loss of pay.

Section 2.8. On Call Duty: All employees covered under this agreement are subject to On-Call Duty, which will be based on their knowledge, capabilities, & experience levels.

Section 2.9. On-Call Pay: Employees assigned to be on call during non-duty hours shall be compensated an additional ninety cents $0.90 per hour for all hours on call after regular business hours. On-call pay, when earned, shall not be added to the employee’s regular rate for the purposes determining overtime pay or fringe benefits.

Employees shall make every effort to stay within pager range or attempt to make arrangements with a qualified alternate. There shall be no restriction on the employee as to his/her movements as a result of this section.

Section 2.10. Top Security Clearance Differential: Employees who acquire and maintain a top secret security clearance at the request of the Company to comply with the Government contract shall be paid (15%) fifteen percent above their normal wage classification, listed in Exhibit “A” of this Agreement.

Section 2.11. Security Clearance Differential: Employees who acquire and maintain a secret security clearance at the request of the Company to comply with the Government contract shall be paid two percent (2%) above their normal wage classification, listed in Exhibit “A” of this Agreement.

Section 2.12. Site Closure by the Government: If during normal work hours the Government closes the site, and the Contracting Officer advises the Employer that they are released from staffing requirements, then those employees will be paid their normal rate for that period.

Essential staff that must remain on site will be paid at one and one half (1½) their normal rate of pay for the period of time worked covered by the closing.

Section 2.13. Part-Time Employees: It is recognized and agreed that the Employer may hire Employees to work less than thirty-two (32) hours in a scheduled workweek. Part-time Employees may not be used to reduce the hours worked by the full-time Employees below forty

(40) hours in a workweek or eight (80) hours in a pay period. Part-time Employees may be used to cover shifts or fill in for full-time Employees who are absent from work. Should a full-time vacancy become available, part-time Employees shall be considered for the position. Nothing in this agreement shall constitute a guarantee of a certain schedule or a minimum or a maximum of hours.

Part-time Employees are entitled to the following benefits:

(a) In lieu of health and welfare benefits, each part-time Employee shall be paid three dollars and seventy-one cents ($3.71) per hour worked above the wage rate shown in “Exhibit A” of the current Agreement.

(b) Part-time Employees shall have pension contributions made on their behalf to the

Central Pension Fund for all hours worked as set forth in Section 5.2 of the current Agreement (not to exceed forty hours per week).

(c) Part-time Employees that work on a holiday shall be paid their regular wage plus holiday pay.

(d) J.A.C. contributions shall be made according to Section 4.4 of the current Agreement.

(e) All other benefits (i.e. vacation, sick leave, jury duty, funeral leave) shall accrue on a “pro-rata” basis.

ARTICLE III

VACATIONS, HOLIDAYS & SICK LEAVE

Section 3.1. Vacation Eligibility: Each Employee covered under the terms of this Agreement is entitled to vacation based on her/his length of service. The length of service includes the whole span of continuous service from the date of employment (anniversary date) with the Employer, wherever employed, and with predecessor contractors in the performance of similar work at the site. After 6 months, a new employee may take up to one of their two week vacation before their anniversary date. If the employee separates from the company for any reason before his first anniversary (hire) date, they will owe the Company up to the one week of vacation pay.

Section 3.2. Vacation Use: Vacations should normally be taken during the twelve (12) month period following the anniversary date of employment, with no more than five (5) days of carryover.

Section 3.3. Vacation Entitlement Each employee covered by the terms of this Agreement who has worked continuously in the employ of the Employer or the predecessor Employer for the following period shall be entitled to vacation leave as shown below, based upon the employee’s anniversary date and the employee’s length of service.

Length of Service Annual Amount Accrual per 52 pay periods per year

0 – 59 Months 80 hours paid vacation 1.54 hours 60 – 119 Months 120 hours paid vacation 2.31 hours

120 – 179 Months 160 hours paid vacation 3.08 hours 180 Months and beyond 200 hours paid vacation 3.84hours

Should a recognized holiday occur during an employee's vacation, he/she shall receive a day’s pay for same. During such week(s) all work performed in excess of thirty-two (32) hours shall be paid for at one and one-half (1 ½) times the basic rate.

Section 3.4. Vacation Use: Vacations should normally be taken during the twelve (12) month period following the anniversary date of employment, with no more than five (5) days of carryover.

In order for the Employer to meet the staffing needs of the Government, employees should request vacation time as far in advance as possible, but in any case no less than two weeks’ notice must be given. All requests for vacation time must be approved by the employee’s supervisor. The Employer is not always able to accommodate each request, so it reserves the right to deny requested vacation time to meet the needs of the Employer and the Government.

The Employer shall respond, in writing, to all requests for vacation within seventy-two (72) hours of receiving the written request.

When an employee is separated from the company for any reason, he/she shall be paid for any unused vacation.

Section 3.5. Holidays: The following holidays shall be recognized and employees shall receive a day's pay for same:

New Year's Day Columbus Day Martin Luther King's Birthday Veterans' Day Presidents’ Day Thanksgiving Day Memorial Day Christmas Day Independence Day Labor Day

In weeks during which a holiday occurs on a scheduled workday and an employee is assigned off duty, he/she shall receive a day's pay for same. During such week(s) all work performed in excess of thirty-two (32) hours shall be paid for at one and one-half (1½) times the basic rate.

Any employee required to work on a holiday that is not a scheduled day off shall be paid one and one-half (1½) times the basic rate plus holiday pay. No employee shall be assigned to work less than eight (8) hours on a holiday.

Any employee required to work on a holiday that is a scheduled day off shall be paid two (2) times the basic rate plus holiday pay. No employee shall be assigned to work less than eight (8) hours on a holiday.

If a holiday falls on an employee's regularly scheduled day off and he/she is not required to work, he/she shall receive a day's pay for same.

When a holiday falls on a Saturday or Sunday, it shall be observed on the day designated as the holiday by the Government.

In order to be eligible for holiday pay, the employee must work his/her last scheduled day before the holiday and the first (1st) scheduled day after the holiday, unless otherwise reasonably excused by the Employer. Any disagreement regarding the above shall be subject to the grievance procedure. Employees on leave of absence, disability, or workers' compensation shall not be eligible for holiday pay unless the holiday occurred within seven (7) days of the commencement of the absence.

Section 3.6. Sick Leave For 2017, sick leave is accrued on a prorated basis and shall not exceed ten (10) days. New employees hired in 2017 shall be allowed to take their accrued sick leave after their probationary period.

Effective January 1st of 2018, and each January 1st thereafter, all fulltime employees who have worked on the site prior to July 1, 2017 and are covered under the terms of this agreement shall be entitled (upfront) to (10) ten days of sick leave per year. Employees shall be allowed to carry over no more than 3 days (24 hours) of unused sick leave per year.

New full time employees hired on or after July 1, 2017, shall accrue sick leave on a pro-rata basis as set forth above until the following January 1st of each year, which the employee shall be entitled (upfront) to (10) ten days of sick leave per year and each January 1st thereafter. There will be no payout of sick leave when an employee separates from the company for any reason.

Section 3.7. Proof of Illness: It is agreed and understood that sick leave is intended for an employee's illness or immediate child only, or as otherwise stipulated in this Section. After two

(2) consecutive days of sick leave has been used in any time period, the Employer may request that the Employee’s licensed physician or pediatrician furnish proof of illness or incapacitation for the third (3rd) sick leave day used.

Section 3.8. Doctors/Dental Visits: Scheduled leave for doctors, pediatricians, and dental appointments will be counted as sick leave or personal leave.

Section 3.9. Personal Day: Full-time employees, who have successfully completed their new-hire probationary period, shall be allowed to use their accrued sick leave as personal leave.

Personal leave shall be taken in increments of one (1) day at a time and shall not be taken in conjunction with vacation. Employees shall request the use of personal leave as much in advance of such leave as possible.

The employer will make every reasonable effort to grant personal days requested by the employee.

ARTICLE IV

MISCELLANEOUS

Section 4.1. Orders and Instructions: All orders and instructions for engine room, mechanical repairs, and operations and maintenance work shall be issued through the Chief Engineer or his assigned Lead. All hiring and discharges will be made in accordance with Employer policy and pursuant to the current Collective Bargaining Agreement.

Section 4.2. Jurisdiction: Notwithstanding any other provision contained in this Agreement, it is expressly agreed that this Agreement covers only those employees authorized and qualified to operate and maintain the equipment and perform renovation work as set forth in Section 1.5 of this Agreement and that the term "maintenance man" does not and is not intended to include custodial and janitorial employees such as chairman, charwoman, janitors, porters, elevator operators, and similar employees.

Section 4.3. No Conflict: The Employer shall not enter into any agreement with any employee covered by this Agreement, the terms of which conflict with the terms of this Agreement.

Section 4.4. JAC Contributions: The Employer agrees to contribute the following sums per quarter, per employee covered herein to the Apprenticeship Fund of the International Union of Operating Engineers and Participating Employers.

Effective July 1, 2018

$70.00

Section 4.5. Funeral Leave: It is recognized by the Company and the Union that five (5) consecutive days may be needed by an employee to attend the funeral service for a spouse, child, or parent of an employee. In the case of a death occurring of a brother, brother-in-law, sister, sister-in-law, legal guardian, grandparent, grandchild, or parent-in-law, the employee may need three (3) consecutive days. If any or all of the three (3) or five (5) intervening days were scheduled working days, they shall be considered as an excused absence for which payment will be made. Employees shall not receive pay under this provision for scheduled days off.

Section 4.6. Union Dues: The Employer will deduct from the pay of the employee Union dues, upon signing of an individual dues deduction authorization card in the form agreed to between the Employer and the duly designated officer of the Union.

Section 4.7. Jury Duty: Employees actually serving on juries shall receive the difference between their straight-time weekly basic pay and the amount received while on jury duty. They will be expected to work their regularly posted schedule on days when the jury is not in session.

Section 4.8. Military Service: Any employee covered by the terms of this Agreement who enters the military service of the United States of America, or is called to active service from the reserves, shall be considered on leave of absence without pay and shall retain his/her seniority during such service and be returned to his/her former or comparable position upon the honorable discharge from such service, so long as the Employer has retained the Contract on which he/she was originally hired and/or contract he/she was currently working on at the time of taking leave of absence.

Section 4.9. Tools: The Employer agrees to furnish all necessary tools (other than employee hand tools) and equipment for the safe and efficient performance of the employees' duties.

Section 4.10. Uniforms: The Employer agrees to furnish the employees the following: Six (6) Long Sleeve uniform work shirts, Six (6) Short Sleeve uniform work shirts, Ten (10) uniform work pants, One (1) outdoor winter jacket, One (1) outdoor winter hat, One (1) baseball style cap as the only acceptable garments to be worn during working hours while on duty. Employees will be compensated for cleaning uniforms at a rate of $3.35 per week.

Section 4.10(a). Shoe Allowance: The Employer agrees to contribute one hundred and fifty ($150.00) per year, subject to the Union membership’s agreement that OSHA/ANSI approved safety shoes are to be worn at all times while the employee is on site and performing the duties of their respective position. Employees that are found not to be wearing their safety shoes while on site and performing the duties of their respective position will be immediately instructed to clock out and earn no additional pay until they return to the site wearing their safety shoes.

Section 4.11. Successor: This Agreement embodies the entire Agreement between the Employer and the Union, and shall inure to the benefit of and shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto. No provision shall be construed in any manner so as to restrict the Employer from the complete operation and management of its business and plants or in the direction of the working forces. The Employer in the exercise of its rights, however, shall observe the provisions of this Agreement. The successor shall be required to assume any and all accrued seniority, which the employee may have accumulated during his/her employment with the previous Employer.

Section 4.12. Compliance with Federal and State Law: In the event any article, section or provision of this Agreement is held improper or invalid by any civil authority, agency or court, such article, section or provision shall not invalidate other portions of this Agreement, and if any part of this Agreement is in conflict with or not in compliance with the Labor-Management Relations Act, 1947, any amendments or additions thereto, such parts of this Agreement shall automatically be deleted from this Agreement.

Section 4.13. Strikes and Lockout Prohibited: The Union agrees that there shall be no strike, work stoppage, work slowdown or interruption during the term of this Agreement. The Employer agrees not to engage in any lockout during the term of this Agreement.

Section 4.14. Education/Training: The Company agrees to provide an educational fund of not less than $600.00 per employee, per year, to be used for facility maintenance training. Any Local 99 class offered shall be automatically approved. Non-Local 99 educational classes will have to be approved by the company and must be related to the employee’s job description or as agreed between both parties.

Any specialized classes needed by tradesman to properly perform their job duties, such as, manufacturer training on specialized equipment, shall be agreed upon on a case by case basis.

These classes will be paid by the company in full if the employee passes the class or gets a completion certificate and has stayed with the company for 12 months consecutively, after the end of the class. If the employee were to separate from the company for any reason before the 12 months period, the cost of the class will be prorated by dividing the 12 months of the class and will be the responsibility of the separated employee. The cost will be deducted on the final paycheck.

Section 4.15. Management Rights: The company in the conduct of its business Has the right to hire, discharge, promote, demote, discipline, assign, re-assign and transfer employees; set hours, shifts, and days off; determine the means and methods of its work and operations; determine the number and classifications of employees; set standards of performance and to establish the minimum standards to obtain and continue employment with the Company.

ARTICLE V

HEALTH, WELFARE & PENSION BENEFITS

Section 5.1. Health & Welfare: The Employer agrees to make contributions, as listed below, per month for all employees and their dependents covered herein to the Health and Welfare Trust Fund of the International Union of Operating Engineers, Local 99-99A or to any successor Health and Welfare fund into which local 99 is integrated, the amount required to participate in the Fund.

Not to Exceed Actual Cost of Premiums

Monthly Contribution Current Effective

January 1, 2019 Effective

January 1, 2020 Effective

January 1, 2021 Family coverage $1,549.00 $1,665.00 $1,748.00 $1,835.00 Single coverage $700.00 $753.00 $791.00 $831.00

In the event that the Employer's contribution is less than the required contribution rate, as determined from time to time by the Trustees of the I.U.O.E. Local 99-99A, Health and Welfare Plan, the Employer shall have the right to, and will, deduct from the wages of each employee an amount equal to the difference between the Employer contribution and the Plan cost, as determined by the Plan Trustees.

The contribution by the Employer, together with the amount withheld from the employees' pay, if any, shall be paid to the Plan Administrator no later than the twentieth (20th) of the month following the month in which the deductions were made.

Section 5.2. Pension: The Employer agrees to contribute the following amounts per hour for all hours paid for all employees covered herein to the Central Pension Fund of the International Union of Operating Engineers and Participating Employers (hereinafter called the "Central Pension Fund").

Current Effective

Effective July 1, 2019

Effective July 1, 2020

$5.45 $5.70 $6.00 $6.35

For the purposes of calculating amounts due the Central Pension Fund, total hours paid up to a maximum of forty (40) hours per week shall be the basis of contributions. Payments to the Central Pension Fund shall be due and payable monthly.

ARTICLE VI

GRIEVANCE AND ARBITRATION

Section 6.1. Grievances: In the event any grievance or dispute arises as to the interpretation, application, or any claimed violation of this Agreement, the Union and the Company shall meet in an effort to reach an amicable settlement. Specifically, the matter shall be pursued as follows:

Section 6.2. Processing of Grievances: All grievances shall be presented as soon as practical after the occurrence upon which the same is based, but in no event later than five (5) working days if the same is a dismissal grievance, or later than thirty (30) calendar days from the date of the issue being grieved.

Step 1: Between the Employee’s direct Supervisor and the Shop Steward. The first step meeting shall be held within seventy-two (72) hours from the date the grievance is filed with the Company unless another date is set by mutual agreement. The Company shall provide the Shop Steward a written reply to the grievance within five (5) working days after the meeting with the Shop Steward. If this reply is unsatisfactory, the Shop Steward may appeal the decision to Step 2, provided such appeal is made within ten (10) working days after the receipt of the Company’s reply.

Step 2: A meeting in Step 2 between the Company Representative or his designee and the Business Representative or a designated representative of the Union shall be held within ten (10) working days after receipt by the Company of Notice of Appeal, unless another date is jointly agreed to by the Company and the Union. The Company Representative shall make a reply to the Union in writing no later than ten (10) working days after meeting with the Business Representative.

Section 6.3. Arbitration: In the event that the matter remains unresolved after the second step, either party may, within a reasonable time and upon written notice to the other party, refer the matter to binding arbitration. The parties shall choose an arbitrator from a panel to be proposed by the American Arbitration Association. The arbitration shall proceed in accordance with the Rules of Labor Arbitration of the American Arbitration Association.

The Union agrees not to engage in any strike, slow-down, or interruption of work while the grievance resolution process continues. There shall be no strike, work stoppage, or interruption in protest of any decision of the arbitrator.

The Company agrees not to engage in any lockout during the term of this Agreement.

The parties agree that the decision or award of such Arbitrator shall be final and binding on each of the parties and that they will abide thereby. The Arbitrator shall have no authority to add to, subtract from, or to change any of the terms of the Agreement, to change an existing salary rate or to establish a new salary rate.

If it is determined under the grievance procedure, including Arbitration, that any adjustment in salaries is appropriate, such adjustment shall be based upon existing salary rates and shall be applied retroactively to the date of occurrence.

Each party shall bear its expenses in preparing and presenting its own case. The cost of the Arbitrator’s services and any other expenses incidental to the Arbitration, shall be borne equally by the parties.

ARTICLE VII

LAYOFF AND RECALL

Seniority is defined as the continuous length of service based on the date of hire at the locations covered by this Agreement. Seniority shall be used for the purpose of benefits provided for in this Agreement.

In the event it becomes necessary to lay off employees for lack of work the least senior employee within the classification within that trade shall be laid off first. This employee may bump to a lower classification provided he/she has the seniority and qualifications.

In recalling employees after layoff, the Employer agrees to offer re-employment to the extent that additional help is needed to employees in the reverse order in which such employees were laid off again within their classification provided, however, that the period of layoff does not exceed twelve (12) months.

An employee, who accepts recall after layoff, will be credited with seniority held at time of such layoff.

ARTICLE VIII

NEW HIRES, PROMOTION, SELECTION, AND JOB POSTING

It is the intent of this Article to establish a procedure to consider and offer employment to the most qualified applicant in situations where a permanent vacancy, other than a temporary vacancy, occurs within the bargaining unit.

When a permanent vacancy occurs within one of the positions contained in the bargaining unit, a bulletin shall be posted in the headquarters of each unit for a period of fourteen (14) calendar days during which time eligible employees will have an opportunity to submit written bids for the vacancy.

An applicant who does not bid for a job, for reasons including absence from work during the posting period, shall lose all rights to the job; however, shop stewards may bid for job vacancies for employees on vacation, absent due to illness, or other justifiable reasons subject to his/her availability for that position if that employee so desires.

New hires, promotions or transfers will be based on the applicant's qualifications for that particular job. The Employer agrees to give each applicant consideration. In consideration of each applicant, the Employer will rate each applicant on a factor basis to determine his/her level of qualifications for the particular vacancy.

In the event that two (2) or more applicants are measured to having the same necessary qualifications, then seniority within the family will be the determining factor.

ARTICLE IX

TERM OF AGREEMENT

This Agreement shall be in full force and effect from 1st day of July, 2018 to and including the thirtieth (30th) day of June, 2021 and shall renew from year to year unless not less than sixty

(60) days prior to an anniversary date of this agreement written notice to the contrary be given.

IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written.

SDAC Facility Services LLC (SFS) INTERNATIONAL UNION OF

OPERATING ENGINEERS,

LOCAL 99-99A, AFL-CIO

Paul Morrow Donald P. Havard Managing Member Business Manager

Approved: August 14, 2018

Date Signed

Warren L. Watt President

Mark P. Sexton Corresponding/Recording Secretary

09/07/2018

Exhibit “A”

The Wages for the following Classifications shall not be less than the amounts listed below:

Position Effective

Effective July 1, 2019

Effective July 1, 2020

Lead Engineer 115% of an Engineer Wage

115% of an Engineer Wage

115% of an Engineer Wage

Engineer $37.23 $38.16 $39.11

Master Electrician $41.43 $42.47 $43.53

Journeymen Electrician $37.73 $38.67 $39.64

General Maintenance Worker $28.85 $29.57 $30.31

Control Technician $32.90 $33.73 $34.57

Master HVAC Mechanic $42.18 $43.23 $44.31

HVAC Journeymen $37.23 $38.16 $39.11

Facility Trades Helper $21.53 $22.06 $22.61

Data Control Clerk $20.50 $21.01 $21.54

Carpenter $34.14 $34.99 $35.86

Journey Licensed Plumber $32.10 $32.90 $33.72

Journey Licensed Plumber w/10 Years $35.18 $36.06 $36.96

Master Plumber w/10 Years $41.00 $42.03 $43.08

The wages of the Apprentice Engineer shall be based on the Engineer’s wage scale and shall be as follows:

50% for the first six months of apprenticeship 55% for the second six months of apprenticeship 60% for the third six months of apprenticeship 65% for the fourth six months of apprenticeship 70% for the fifth six months of apprenticeship 75% for the sixth six months of apprenticeship 80% for the seventh six months of apprenticeship 85% for the eighth six months of apprenticeship

The Apprenticeship shall be for a period of not more than four (4) years.