Attachment_5,_CBA.pdf
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- Fort Lee Full Food Service
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- W91QF5-17-R-0005
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Attachment 5, CBA
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| File | Type | Posted |
|---|---|---|
| W91QF5-17-R-0005-0003.pdf | ||
| W91QF5-17-R-0005-0004.pdf | ||
| Attachment_6_Revised_Pricing_Matrix.xlsx | XLSX spreadsheet | |
| Attachment_6_Revised_Pricing_Matrix_2017_Apr_19.xlsx | XLSX spreadsheet | |
| W91QF5-17-R-0005-0002.pdf | ||
| Attachment_8_Seniority_List.xlsx | XLSX spreadsheet | |
| Attachment_9_Site_Visit_Sign_In_Sheet.pdf | ||
| Attachment_7_Revised_Staffing_Martix_20170419.xlsx | XLSX spreadsheet | |
| W91QF5-17-R-0005-0001.pdf | ||
| Attachment_4,_6.3_Technical_Exhibits.docx | DOCX document | |
| Attachment_6,_Revised_Pricing_Matrix.xlsx | XLSX spreadsheet | |
| Attachment_7,_Revised_Staffing_Martix.xlsx | XLSX spreadsheet | |
| W91QF5-17-R-0005.pdf |
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AGREEMENT
BETWEEN
INTERNATIONAL CHEMICAL WORKERS UNION COUNCIL OF THE UNITED
FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION
AND
LOCAL UNION NUMBER l048C, INTERNATIONAL CHEMICAL WORKERS UNION COUNCILruFCW
AND
J OHN JONES SERVICES, INC.
Effective: July 1, 2014 through June 30,2017
PREAMBLE
THIS AGREEMENT is entered into by and between JOHN JONES SERV ICES, INC. (hereinafter referred to as the "COMPANY"), and the INTERNATIONAL CHEMICAL
WORKERS UNION COUNCIL OF TH.E UNITED FOOD AND COMMERCIAL WORKERS
INTERNATIONAL UNION (hereinafter referred to as the "INTERNATIONAL"), LOCAL UNION NUMBER 1 048C, lNTERNATIONAL CHEM ICAL WORKERS UNION COUNCILfUFCW (hereinafter referred to as the "LOCAL," with the International and the Local collectively hereinafter referred to as the "UNION"), as representative of certain ofthe Company's employees located at FORT LEE, VIRGINIA, hereinafter referred to as the "BASE".
WITNESSETH
WHEREAS, the parties have entered into Collective Bargaining Negotiations wh ich negotiations have resulted in complete agreement between the patiies; and WHEREAS, the purposes of th is Agreement are to promote and insure harmonious relations, co-operations, and genuine understanding between the parties, to encourage efficiency and economy of operations, elimination of waste, protection of Company property, safety, and health of employees, and to define wages, hOllrs and general working conditions;
NOW, THEREFORE, it is agreed by and between the Un ion and the Company as follows:
ARTICLE 1 - UNION RECOGNITION
Section 1.1 The Company hereby recognizcs the Union as the sole bargaining agent for those of its nonsupervlsory employees located at the Base who were included in the bargaining unit certified by the National Labor Rclations Board following the election on August 29,2006. In pariicular, the bargaining unit shall be comprised oflhe following:
Included : all full-time and regular part-time cooks , instructors, shift leaders, clerks, food service workers and dining facility attendants employed by the ComparlY at FOli Lee, Virginia Excluded: the project marlager, assistant project manager, equipment supply manager, assistant managers, the payroll secretary, confidential employees, professional cmployees, guar-ds and supervisors as defined by the Act.
Section 1.2 The term "Employee" or "Employees", as used in this Agreement, shall be construed to include only the classifications of employees specifically 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.
ARTICLE 2 - DUES DEDUCTION
Section 2 .1
The Company shall, from the wages of any employee covered by this Agreement, deduct financial obligations owed to the Union after the "Authori zation for Checkoff Form" li sted in Section 2.2 is completed, and remit the obligations to the Financial Officer oftbe Local Union.
The remittance sball be accompanied by a list showing the individual s names, social security numbers, date hired, amounts deducted , and dates for the deductions. The total remittance shall be made not later than the twentieth (20th) day of the month following the month during which the deductions were made. Thc Union shall notify the Company the amount of dues anel the manner in which the dues shall be deducted.
Section 2.2 - Authorization for Checkoff To: _____________ ____ ___ Date: _______ _
(Name of Company) I hereby assign to Local Union N wnber 1048C, International Chemical Workers Union CouncilfUFCW, from any wages earned or to be earned by me as your employec (in present or in any future employment by you), such sums as the Financial Officer of said Local Union Number 1 048C may certify as due and owing from me as membership dues, (or a fee in lieu of membership dues under an agency shop, rand formula or other similar arrangement) in such sum as may be established from time to time by said local union in accordance with the By-Laws of the International Chemical Workers Union CouncilfUFCW and this local union. I authorize and direct you to deduct such amounts from my pay and to remit same to the Union at such times and in such manDer as may be agreed upon between you and the Union at any time while this authorization is in effect.
This assignment, authorization and direction shall be irrevocable for the period of one (I) year from the date of delivery hereof to you, or until the termination of the collective agreement between the Company and the Union which is in force at the time of delivery of this authorization, which ever occurs sooner; and I agree and direct that this assigrunent, authorization and direction shall be automatically renewed, and shall be irrevocable for successive periods of one (I) year each or for the period of each succeeding applicable collective agreement between the Company and the Union, whichever shall be shorter, unless written notice is given by me by registered mail to the Company and the Union not more than twenty
(20) days and not less than ten (10) days prim· to the expiration of each period of one (l) year, or of each applicable collective agreement between the Company and the Union, whichever occurs sooner.
This authorization is made pursuant to the provisions of Section 302( c) of the Labor Management Relations Act for 1947 and other applicable laws, and is entirely voluntary on my part.
Contributions or gifts to the International Chemical Workers Union CouncilfUFCW or its local unions are not deductible as charitable contributions. However, they may be tax deductible as ordinary and necessary business expenses.
Signatme of Employee Date of Signing
Type or Print Name of Employee Date of Delivery to Employer
Address of Employee Employee's Dept. Clock #
City, State Zip Section 2.3 The Company will make available to the Union a CWTent and up to date list of newl y hired and terminated employees covered by this Agreement. Such list will be prepared monthly and will list name, address, social security number, job classification, and hire or termination date of employment.
ARTICLE 3 ~ MUTUAL INTEREST, COOPERATION, AND EQUAL OPPORTUNITY
Section 3.1 The Company and the Union recogn ize that the efficient operation of feeding the soldiers is to the mutual interest of the employees and the Company.
Section 3.2
The Company agrees that it wi!! cooperate with the Union in its effort to promote harmony among all employees.
The Company will present a copy of this Agreement to each new employee at the time he is hired, and ask that he cooperate with the Company and the Union in carrying out its provisions. The Union will provide copies to be given to new employees.
Section 3.3 In accordance with the established policy of the Company and the Union, the provisions of the Agreement will apply equally to all employees hereunder regardless of sex, color, age, race, creed, national origin, veteran status, di sability or union status.
ARTICLE 4 - SENIORITY
Section 4.1 Sen iority as used in this Agreement shall be defin ed as total length of service from hire date. If more than one employee is hired on the same day, the employees shall be placed in alphabetical order fo r seniority purposes.
An employee shall lose seni ority under the following conditions:
a. He quits , resigns his pos ition, or retirement;
b. I-Ie is discharged for just cause;
c. He is laid off by the Company for a period in excess of twelve (12) months;
d . He fails to report to work on the fi rst scheduled day fol lowing the expiration of a leave of absence, un less failure to report is due to conditions recognized by the Company to be beyond the control of the employee and he reported sllch cond itions as soon as possible;
e. He is absent for ten (10) wo rkin g days after being notified to return to work from layoff.
Such notice shall be g iven by certified mail or telegram to the employee at his last address filed with the Company. It shall be the responsibility of the employee to keep the Company in formed of hi s address and phone number.
f. He is absent from work for two (2) consecutive work clays without properly notifying the Com pany of the reason for the absence.
It is agreed that the Company and the Union will meet for the purpose of establishing a seniority li st for all employees in the bargaining unit. Said sen ior ity list will be based upon Dfficial records of the Union, the CDmpany, its predecessors, and state and federal agencies. The Company will make available to the Union a current and up to date list of newly hired and terminated employees covered by this Agreement. Such list will be prepared monthly as changes occlll' in the bargaining unit and copies w ill be given to the Union Committee and posted in each d ining facility.
Not later than 30 days prior to the expiration of the Company's Contract covering the fac ility, the Company shall furnish the Union and the successor contractor a list of all its current emp loyees with their dates of hire and dates of their last vacation pay paid by the Company.
Any employee promoted to a supervisory or salaried pDsition will lose all seniority rights/recall rights after thirty (30) days . Ifhe returi,s before the th irty (30) days, there will be no loss Dfseniority and they will return tD their old departmcnt and j Db classification. .
Section 4.2 - Bidding Rights When pennallent new jobs are created or vacancies requiring permanent replacement, as determined by the Company, occur and it becomes necessary to place an employee on the job, the job opening will be posted on each dining facility bulletin board for seven (7) working days. All po stings shall state the job, the department (building number), present occupant, rate of pay, hours to be worked and date ane! time of pDsting and closing. The posting shall also provide space for employees to sign and withdraw their names. Any interested employee may sign the bid sheet indicating hi s interest in the position.
Jobs will be awarded on the following point system:
a. Sen iority (possible 20 points) - All bidders will be awarded one (I) point per year of serVIce.
b. Dependabili ty (possible 20 points) - A bidder will be awarded: twenty (20) points if he has no reprimands for absenteeism or tardiness active in hi s personnel file; ten (10) points if he has one active reprimand in his personnel file; or zero (0) points if he has two active reprimands in his file.
c. Safety (possible 20 points) - A bidder will be awarded: twenty (20) points if he has no active reprimands for safety violat ions; zero (0) points if he has one or more active reprimands for safety violations.
d. Ab ility (possible 20 po ints) - A bidder will be given a score between zero (0) and twenty
(20) based on management's evaluation of the bidder's sk ills and ab ili ties. Specific cr iteria for skill s appl icable to each job classification will be provided by the Company to the Union and the employees.
e. Work Rules (possible 20 points) - A bidder will be awarded: Twenty (20) points if he has no active reprimands for Work Rule Violations in his personne l file; fifteen (15) points if he has one act ive reprimand for Work Rules Violations in his personnel file; ten (10 points if he has two active reprimands for Work Rules Violations in hi s personnel file ;
and zero (0) points ifhe has three or more active reprimands for Work Rule Violations in his personne l file.
The bidder scoring the highest total using the above point system will be awarded the position.
Section 4.3 - Layoffs In the event that the Company finds it necessary to layoff employees for any reason, other than disciplinary, such layoffs shal l be on the basis of sen iority. Within all facilities covered under this agreement, layoffs will occur start ing with the employees having the shortest period of continuous service. The Company shall recall such laid-off employees in the reverse order.
No new em ployees will be hired until all laid-off employees w ith recall rights have been contacted and accepted or decl ined the opp0l1unity to return to work. The Company fulfills its obligations under this Section by sending notice to the last known address of the emp loyee. It is the ob li gation of the employee to keep the Company informed of his/her current address and telephone number.
When permanently closing a depaJtment, employees will be ab le to use their sen iority to bump into their job classifrcation in other departments. Thejun ior employees in ajob classification may be bumped into a lower c lass ification provided the more senior employee is presently qualified to perform the less senior employee's work. Employees from the closed department will have no recall rights to those closed positions if they re-open in the future and may exerc ise their rights under Section 4.2 (Bidding Rights) oftb is Article.
When a department is being closed temporarily (during exodus or for repairs), employees will be ab le to use their seniority to temporarily bump into their job classification in other departments. The junior employees in ajob classification may be tem porarily bumped into a lower classification with no cut in pay scale prov ided the more senior employee is presently qualified to perform the less senior employee's work. When department is re-opened all employees wi ll be returned to thei r former positions before the closing.
S Section 4.4 -- Scheduling Scheduling of employees shall take into consideration, volunteers to meet the need to manage the business. When sufficient volunteers cannot fulfil l the need , seniority shall be used to detemline schedu ling order.
ARTICLE 5 - MANAGEMENT RIGHTS
Section 5.1 The Company retains the exclusive ri ght to manage the facility; to direct, control, and schedule its operations and work force; and to make any and all decisions affecting the business, whether or not specifically menti oned herein. Such prerogatives, authority, and functions shall include, but are not limited lo, the sole and exclusive rights to: plan, direct and control food service operations;
determine when work is to be perfonned;judge the qualifications of employees, to schedule and assign work to employees; hire and promote employees; discharge, discipline and demote for just cause; layoff in accordance with Aliicie 4; to establish work standards and work rules; determine, alter, revise, change or eliminate, by technological changes or otherwise, any or all means, method, processes, malerials and schedules of food service operations; and determine staffing requirements, including the number and size of crews. The Company agrees that it will provide the Union with notice and an opportunity to consult with the Company over modifications to the existing work rules, however, the Company will implement any changes mandated by the U.S. Government as soon as such changes are required. Al l other rights not specifically granted to the Union and/or the employees under thi s Agreement are retained by the Company.
ARTICLE 7 - UNION RIGHTS
Section 7.1 No new classification will be established without first discussing the matter with the Union. If after discussing the matter with the Un ion, and no agreement is reached on the salary for the new position, the Company may procced with the new classification at a wage rate acceptable by the U.S.
Government.
Section 7.2 Any non-barga ining unit employee ofthe Company will be permitted to perform work, normally performed by the employees in the bargaining unit for the following reasons on ly:
a. When he is instructing or training employees;
b. When difficulties arise in a facility such as: shortage of personne l or during inclement weather.
Salaried employees wi ll not be used to deprive a barga ining unit employee of overtime or to di splace a bargaining unit employee.
Section 7.3 Upon termination of an indefinite leave of absence, employees returning from leave shall return to regular employment status with cumulati ve seniority, provided they give two (2) weeks advance notice of availability for work and are physicall y capable.
Section 7.4 If an employee is forced to leave his job during working hours because of an occupational accident or occupational illness , he will be paid his normal scheduled hours of pay for that day, if he left his job with tbe permission of his supervisor and reports to the Company physician or hospital as designated by his supervisor.
Section 7.5 Any employee who, with the consent of his supervisor and fo r his own convenience, does not complete the entire shift, shall be paid only the actLlal time worked on such shift .
Section F The Company shall provide a bulletin board in a location to be agreed upon by the Union Commi llee and the Company for posting of Union notices. If deemed necessary the Union will provide a board covered with glass and under lock and key, which shall be in possession of the Union. This board shall be used for display ofthe following notices : Union Meetings, Union appointments, Union Elections, and Union social affairs.
ARTICLE 8 - ACCESS TO FACILITY
Section 8.1 Duly authorized representatives of the Union shall be permitted to investigate the standing of all bargaining unit employees, investigate conditions at any facility covered by this Agreement, and investigate grievances, provided that no interview shall be held dming the rush hours or unreasonably interrupt the duties of an employee. No general or mass meeting shall take place in the dining facil ities during working hours. The Company shall be notified by the Union of the idcntity of the Union representative.
Section 8.2 The representative of the Union shall contact the Project Manager or highest ranking Company representative present at the faci lity and inform him of the cirClullstances twenty-four (24) hours prior to coming to the facility. In the event the Union representative has an unforeseeable need to make a visit in less than twenty-four homs prior to coming to the facil ity, the Union rcpresentative may request to do so and shall expla in to the Project Manager the reason the required notice could not be given. The Company and the Union shall conduct themselves in such mallJler as to carry out the intent and spirit of this section.
ARTICLE 9 - PROBATIONARY PERIOD
Section 9.1 Every new or rehired employee shall be on probation for the first ninety (90) days of cmployment or re-employment. Whereas an employee has completed his thirty days of employment, he is eligible for medical and pension benefits on the first day of the month following his thirty-first day of employment and it is employee's choice whether to become a union member.
Section 9.2 At any time during a probationary period, an employee may be discharged for any reason; this discharge is not subject to the grievance and arbitration provision outlined in this Agreement.
Section 9.3 Any employee promoted to a job classification covered by this collective bargaining agreement from a lower-paid classification shall be on probation for the first thirty (30) days of employment in the new classification. At any time during such a probationary period, the Company may, for any justifiable reason, return the employee to that employee's fOImer position.
ARTICLE 10 - DISCIPLINE & DISCHARGE
Section 10.1 The normal reprimand procedw"C consists of three (3) steps as follows: written warning, three day suspension, and discharge for just cause. The Company may proceed to termination for the fo llowing items: theft, drunkelmess while on duty, drinking intoxicating beverages on the job, misuse of drugs, violence on the premises, insubordination or other severe or egregious conduct.
For this purpose: egregious shall mean conspicuously bad or flagrant behavior and insubordination shall mean deliberate, willful, or defiant conduct as opposed to inadvertent failure to comply with the employer's instruction. Just cause shall exist for the immediate d ischarge of any employee prohibited by the U.S. Goverrunent from being present on the Base.
All reprimands and discharge notices shall be in writing and signed by the project manager.
Copies of all reprimands and discharge notices shall be given to the employee and the shop steward. All employees may exercise their Weingarten Rights and have a shop steward present during all discussions of discipline of that employee. The employee must request the steward to be present. All reprimands and discharges will be subject to the grievance procedure outlined in Article 10 of this Agreement.
Reprimands will be purged from the persol1l1el file and not held against an employee after one year from date of issue.
Reprimands shall be issued within seven (7) working days. Working days will be defmed as business days Monday through Friday excluding weekends and Company/Union holidays.
Article 11- GRIEVANCE PROCEDURE Sectioll 11.1 - Grievance Delinitioll A grievance is defined as any difference of opinion, controversy, or dispute between the Company and the Union, or between the Company and an em ployee with respect to wages, hours of work, working conditions, and interpretation or application of any provision of this Agreement.
Section 11.2 - Grievance Committee The Grievance Committee composed of at least thrce (3) members shall be the Union's representat ive and will be recognized and dealt with by the Company as the Union's representative for settling grievances.
Section 11.3 - Initial Efforts to Settle Gr ievances Every effOlt will be made by all parties concerned to settle each grievance at the lowest organizational level. An employee may discuss the situation with his immediate assistant manager and can obtain an informal resolution) provided that reso lution is not inconsistent with this Agreement. The employee may have his shop steward or other member of the Executive Board present during this discussion if he so desires. If no resolution can be reached after discussion, a grievance shall be written and proceed with the Grievance Procedure as outlined below.
Section 11.4 - Steps of Grievance Procedure Step 1: An employee (o r the Union) shall present his grievance to the Building Manager with in seven (7) ca lendar days of the event or occurrence giving rise to the grievance. It is understood that he may have his shop steward present at this discussion if he so desires. If the grievance is resolved, the resolution shall be reduced to writing by the Build ing Manager, who shall furnish a copy to the employee (or the steward). Ifthe grievance is not reso lved at Step 1, the Building Manager shall give a written response to the employee (or the steward) withi n'seven (7) calcndar days of the meeting.
Step 2: If the grievance is not settled satisfactorily under Step 1, the Union sha ll make a deta iled investigation to determine whether the grievance should be carried fUlther with the Company. If it is to be handled fu lther, the Union shall notify the Project Manager in writing, but not later than seven
(7) calendar days after receiv ing the Step 1 answer. The Project Manager shall arrange a meeting as soon as practical between himself, the assistant manager, and the aggrieved employee. It is understood that the aggrieved employee may have his shop steward present at this discussion ifhe so desires. Any resolution reached at th is meeting shall be reduced to writing by the Project Manager, who shall furnish the Uni on with a copy.
Ifthe grievance is unresolved, the Project Manager shall give his written answer withi n sevcn (7) calendar days after the meeting.
Step 3: [fthe grievance is not settled satisfactorily under Step 2 and it is decided by the Union to carry the grievance further, the matter shall be submitted to the DistTic! Manager w ithin seven (7) calendar days after recciving the Step 2 answer. The Project Manager shali arrange a meeting a meeting with the Loca l President and lor lnternational Representative, the Grievance Comm ittee, Shop Steward, and the aggrieved employee as soon as practical. Any resoluti on of the grievance at this step shall be reduced to writing by the District Mangcr, who shall furnish the Un ion with a copy.
Ifthe grievalice is not resolved, the District Manager shall give his answer in writing within seven (7) calendar days .
Both pal"!ies will make a sincere effort to resolve all grievances through the above procedures. If the palties are unable to resolve the grievance in Step 3, the matter may be submitted to arbitration, by either party, as outli ned in Article 12.
Any employee attending a grievance meeting during his work hours sha ll receive his regular hourly rate .
The Union may have the Internat ional Representalive present with the Grievance Committee, Shop
Steward and the aggrieved employee at any step in th e Grievance Procedure.
All time limits specified in this Art icle may be extended by written mutual agreement oIthe Union an d the Company. If the Company fails to satisfy a time limit under the grievance procedure, the Union may invoke the process to the next Step. Should the Union fail to satisfy a time lim it under the grievance procedure, the grievance will be considered resolved with the Company's most recent response.
For matters dealing with discharges, final letters, or multiple grievances on the same issue, the Union at its option may omit the first andlor second steps orthe grievance procedure. The Company may initiate a grievance at Step 3, All settled grievance answers shall be posted on the department or Union bulletin boards.
A,·tiele 12 - ARBITRATION The Union will notify the Company within thilty (30) days aftcr failure to resolve the dispute in Step 3, if it intends to arbitrate the matter.
Within seven (7) calendar days of the receipt of the notice of appeal, the Parties shall attempt to mutually agree upon an impartial arbitrator. If the Parties are unable to agree within these seven (7) calendar days, the Union and the Company shall request the American Arbitration Association to submit a list of five (5) persons qualified to act as the impaliial arbitrator. A representative of Ole Company and a representative of the Union shall meet within seven (7) calcndar days of the receipt of the list and shall alternately strike two (2) names from the list, the Party to strike first to be selected by lot. The fifth remaining person shall thereupon be selected as the impartial arbitrator.
Either Party may rej ect one whole panel, if they desire.
During the arbitration hearing, each party shall have full opPOltunity to present evidence and argument, both oral and documentary. The impartial arbitrator will be requested to render his written decision and award within sixty (60) calendar days after the conclusion orthe hearing. The arbi trator shall have no power to add to, SLlbtract frolll) amend, change or modify any provision of this
Agreement, but shall be author ized only to interpret the provisions of this Agreement and apply them to the specific facts of a grievance, which is subject to arbitration. The written decision of the arbitrator shall be final and binding upon all parties involved.
The fees of the arbitrator and necessary expcnses, includ ing transcripts if appropriate, of an arbitration proceeding shall be borne equally by the Company and the Union, except that each party shall pay the fees of its own cou nselor representative. If an employee witness is called by the Company, the Company wi ll reimburse him for time lost at his regu lar straight time base rate. If the employee witness is called by the Union, or if an employee·grievant is present at the hearing, the Un ion will reimburse such persons for lost time on the same basis.
Article 13 - MILITARY LEA VE Section 13.1 Any employee entering the military or naval service, Red Cross, or other combat relief conscripted civil service of the United States during the life ofthis Agreement will be placed on Military Leave of Absence in accordance with the provisions of the Universal Military Training and Serv ice Act and will retain their seniority while in such service . Upon returning w ith an honorable discharge from service provided employees will be returned to their fonner positions provided that they are physically and mentally capable of performing the work.
Section 13.2 An employee who is a member of a military reserve unit and who is required to participate in active training will be grantcd a leave of absence without pay for the period of such training duty. Upon returning they will be retumed to their fonner positions with no loss of sen iority.
Section 13.3 An employee applying for leave under this Aliicle w ill give the Company at least five (5) days notice prior to reporti ng date, if possible.
ARTICLE 14 - LEA VE OF ABSENCE
Section 14.1 The Company will grant employees a leave of absence of not more than six (6) weeks in any 24-month period for the purpose of attending Union Conferences, Conventions or School. Such leaves will be without pay, but will not affect the employee's senior ity. Emp loyees may request a leave of absence not exceeding one (l) year that the Company may grant in its sole discretion. All leavcs covered undcr the Family and Medical Leave Act (FMLA) will be granted in accordance with the law.
Section 14.2 A leave of absence under this Article will not be considered as employment time for seniori ty. For example, an employee works continuously for nine (9) months and is granted a thirty (30) day leave I 1 of absence without pay. When the employee returns to work, he has nine (9) months seniority and will be required to work an additional three (3) months to obtain one (I) year of seniority.
Section 14.3 Upon returning from a leave of absence, the employee wil l be returned to work in his job class ification on the basis of seniority.
ARTICLE 15 - BEREAVEMENT LEAVE
Employees shall be entit led to paid Bereavement Leave as set fOl1h in the applicable Local Addendum attached here to.
ARTICLE 16 - SHOP STEWARDS
Section 16.1 Shop stewards shall be designated by the Union from the group that tbey arc to represent. Each shift shall have two shop stewards. The Union wi ll notify the Company of the du ly des ignated shop steward(s) at each facility. In the event of addit ional dining facilities, the parties agree to meet for establishing a new number of shop stewards for the bargaining uni t.
Section 16.2 The shop stewards shall not interfere with the management of the business or direct any work of any employee, but may have discussions with the Company and emp loyee of any work in g condition, other labor relations mater and any violation of the Agreement. He will a lso be allowed to participate in the in vestigation and settlement of grievances.
Section 16.3 Prior to leaving the work area, a shop steward will request permission from the supervisor. Shop stewards will not leave the work area during rush hours. Such reasonable, approved absences to investigate gr ievances or meet with representatives of the Company will be unpaid. Uthe time should accumulate to more than four (4) hours per week, the steward should give written explanation to the Project Manager as to the reasons.
Section 16.4 A telephone will be made available to the shop stewards for the purpose of communicating with other Union Officials and ca lls will be placed at no cost to the Company.
ARTICLE 17 - REST PERIODS
Section 17.1 An employee who is scheduled to work for not less than fo ur (4) continuous hours on a sh ift shall be entitled to one paid ten (10) minute unscheduled rest period. An employee who actually works not Jess than six (6) continuous hours shall be entitled to a second paid ten (10) minut.e unscheduled rest period. Such rest periods shall be taken at a time approved by the employee's supervisor.
ARTICLE 18 - NOTICE OF LAYOFFS
Section 18.1 In the event of a reduction in force, the Company will give such notice to employees as is reasonable taking into account the notice given the Company by the Government.
ARTICLE 19 - WAGES
Section 19.1 The schedule of effective wage rates and job classifications for employees covered under this Agreement will be set forth in the applicable Addendum hereto.
Section 19.2 Notwithstanding the wage rates listed above or anything in this Agreement to the contrary, in the event that the request for such wage rates is not approved by the U.S. Government and incorporated into the Company's contract with the U.S. Government, such wage rate will not be binding upon the Company.
ARTICLE 20 - OVERTIME
Section 20.1 One and one-half (I !/2) times the hourly rate of pay will be paid for all time worked in excess of forty (40) hours per week.
Section 20.2 For overtime purposes, a day is the twenty-four (24) hour period beginning with the daily starting time as set forth in the Company's contract with the United States Government. The workweek runs from Monday at 12:0] a.m. until Sunday at midnight.
ARTICLE 21 - HEALTH & WELFARE
The Company shall pay the Health and Welfare benefits as set forth in the applicable Addendum attached hereto and not to exceed forty (40) hours per week or Two Thousand Eighty (2,080) hours per year for each employee.
ARTICLE 22 - UNIFORMS AND SAFETY SHOES
Section 22.1 Proper uniforms will be furn ished by the Company to employees and the terms of any allowance for uniform maintenance will be in accordance with the Addendum attached hereto.
Section 22.2 The Company shall provide each employee with safety shoes pursuant to the terms and conditions set fo rth in the Addendum attached hereto.
ARTICLE 23 - NO STRIKES
Section 23.1 D uring the term of this Agreement, the Un ion sha ll not authorize, cause, engage in, sanction, assist in or encourage any work sto ppage, strike or slow-down of operations, inc luding but not limited to sympathy strikes, and the Company shall not lockout the employees.
Section 23.2 The Company agrces that there shall be no liabi lity on the part of the Local Union or thc International because of any strike or slowdown provided the Local Union and the International shall promptly, after being notified of such strike or s lowdown, [oHow the steps below:
a. Publicly declare that the strike or slowdown is unauthorized.
b. Order its members to return to work in a normal manner.
c. In good faith lise every reasonable effort to terminate sLlch unauthorized strike or slowdown .
The Company reserves the right to discharge or otherwise discipline any employee taking part in any work stoppage, strike, or slow-down, including any refusal to cross the picket line of another employee groLlp or unit.
ARTICLE 24 - VACATION
Employees shall be entitled to paid vacations as set forth in the appl icab le Addendum attached hereto.
ARTICLE 25 - HOLIDAYS
Employees shall be entitled to be paid holiday pay as set fO lt h in the appl icable Addendum attached hereto.
ARTICLE 26 - SICK LEAVE
Employees shall be entitled to sick leave as set fOlth in the appl icab le Addendum attached hereto.
ARTICLE 27 - PENSION
The Company shall pay pension benefits as set fOlth in the applicable Addendum attached hereto, not to exceed forty (40) hours per week or Two Thousand Eighty (2,080) hours per year for each employee.
ARTICLE 28 - JURy DUTY Employees shall be compensated for jury duty as outlined in the applicable Addend um attached hereto.
ARTICLE 29 - INDIVIDUAL CONTRACTS
No employee shall be compelled or allowed to enter into an individual contract or agreement with the Company concerning the condition of employment contained herein.
ARTICLE 30 - GOVERNMENT REQUIREMENTS
Section 30.1 The Un ion agrees to cooperate with the Company in all matters required by the United States Government. The Union recognizes that the terms and conditions of the Agreement are subject to celtain sovereign priorities wh ich the United States Government may exercise. The Un ion agrees that any actions taken by the Company pursuant to a requirement ofthe United States Government shall not constitute a breach of this Agreement. Nothing in this Agreement shall be construed to prevent institution of any change prior to discussion with the Union where immediate change is required by the Un ited States Government. The Company will, however, negotiate with the Union concern ing the effects of any such change that would be a mandatory subject of bargaining.
ARTICLE 31 - GENERAL PROVISIONS
Section 31.1 This Agreement and Addendum, when accepted by the parties hereto and signed by the respective representatives thereunto duly authorized, shall constitute the sole agreement between them involving the employees covered by the Agreement. Any alteration or modification of this Agreement must be made by and between the parties hereto and must be in writing.
Section 31.2 In the event any provision of this Agreement or of any Addendum hereto is declared invalid by any court of competent jurisd iction or Governmental agency, such invalidation shall not affect the remaining provi sions of this Agreement and Addendum.
Section 31.3 Any employee leaving the service orthe Company will, upon request from the employee, be furnished with a letler setting forth the Company's record of his job classification, stating his length of serv ice and beginning and ending rate afpay.
Section 31.4 Employees entering the service of the Company may be requiTed to take a physical examination and/or a drug and alcohol test as specified by the Company. Any time thereafter, an emp loyee may be subj ected to further physical examinations and/or drug and alcoho l testing during the course of his or her employment or upon recall to service after layoff or leave of absence. Drug and alcohol tests shall be conducted in accordance with the Com pany's written substance abuse policy. The levels considered to be a positive test shall be those contained in the Department of Transportation regulations for controlled substance testing.
Section 31.5 Pri or to 12:00 pm on Friday, the next week's work schedule shall be posted in each area. If changes are made and employees are off work, the supervisor will attempt to contact the affected employees to notify them of the changes in the schedule.
Section 31.6
As part of the e mployment process, the Company may require employees to obtain a security clearance, or the Company may conduct employee background invesligations.
Section 31.7 The Company will prov ide to employees upon request, by the end of the work day on Thursday) a copy of the prev ious week 's time record. Any discrepancies may be invest igated by the Un io n.
Seclio n 31.8 It is understood by this Section that the parties shall not use any leas ing or sub-contract ing device to evade the terms of th is Agreement.
Section 31.9 The Company and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be ob ligated, to bargain collectively with respect to any subject or matter referred to, or covered in this Agreement, or with respect to any subject or matter not specifically refen'ed to or covered in this Agreement) even though such subject or matter may not have been within the knowledge or contemplation of either or both of the Parties at the time they negotiated or signed this Agreement.
Section 31.10 Reporting P"y Any ernployee sent home before their schedul ed shift is complete, through 110 fatllt or tbeir own, shall receive [I minilllum of four hours pay at their current rate.
ARTICLE 32 - SUCCESSORS AND ASSIGNS
To the extent permitted by law, the Employer agrees that this Agreement shall be binding upon purchasers and assignees and that the Employer wi ll give pr ior notice to, anel obtain agreement from, such purchasers and ass ignees to this transfer of obligations) prov ided, however) that the transferee shall only be liable (p ursuant to thi s prov ision) for its own violations or this Agreement
ARTICLE 33 - SAFETY
Section 33.1 The Company will provide all employees w ith a sa fe and hea lthful work environment. Every employee will perform their work in a safe and heal thful manner and abide by all safety rules . In fulfilling its obli gation to provide a safe and healthful work environ ment, the Company will maintain an active safety program consisting of such things as regular safety meeti ngs, regular sa fety in spections, safety audits, incident investigations, and safety training.
Section 33.2 A committee consisting of th ree Un ion representatives and three Management representatives will exist to discuss safety-related items. Thi s committee will meet on a regular basis to rev iew all incid ent investi gations, discuss safety problems, conduct inspections, and make recommendations to management, wh ich will improve safety conditions in the facil ity. Should a special meetin g be scheduled, all Union employees will be paid overtime for all hours worked beyond the ir normal working schedule .
Incident investigations shall be cond ucted with no less than two (2) members of the Union Safety Committee on the investigation team. If only one member of the Un ion safety Committee is available, the Union may select an altemate Union Member to serve on th e investigation team. If needed, the Company wil l pay overtime to any Safety Committee mem ber or al te rnate who is required to remain beyond his regularly scheduled shift to complete an investigation.
Section 33.3 Employees shall not be required to perform any manner of work, which may j eopard ize their personal safety.
Section 33.4 There will be safety meetings he ld monthly.
ARTICLE 34-TECHNOLOGY
Approved Technology may on ly be used for e me rgency purposes.
ARTICLE 3S - ADDENDUM
Each year for the duration of th is Agreement the Company and the Union agree to discuss increases
6120615_2 DOC
Addendum of the Agreement Bereavement Leave
IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS
I. In the instance of the death of a member of an employee's immediate family, and provided the employee has completed his/her probationary period, the Company will grant a paid leave to enable such employee to attend the funeral and otherwise assist in the arrangements pertaining to the burial of a member of thc family. Such leave sha ll not exceed five (5) days in the event that the deceased family member is outside the Commonwealth ofYirginia, and three (3) days otherwise.
2. In the instance of the death of a member of an employee's extended family, and provided the employee has completed his/her probationary period, the Company will grant a paid leave, not to exceed three (3) days, to enable such employee to attend the funeral and otherwise assist in the arrangements pertaining to the burial of a member of the family.
3. A day's pay will consist ofthe employee's regular base rate for the hours scheduled durin g which the bereavement leave occurs and shall be applicable only to days within his regular work week. The emp[oyee ' s regularly scheduled days off shall not be counted as part ofthe bereavement leave.
4. The term "immediate family", as used herein, shall refer to the following members only:
Mother, Father, Spouse, Children, Grandparents, Grandchildren, Siblings, and any other person that has been the employee 's lega l gua rdi an or who was the lega l guardian oftlIe employee. Immediate family shall include step and in-law. The term "extended family", as used herein, shall refer to the followi ng mem bers on ly: Aunts, Unclos, Nieces, Nephews and significan t otllOr (liv ing in the olTJpl oyee's household), or other person with whom the employee.l1as a famil ial relationship and who li ves in the employee's househo ld.
S-. An employee will be required to establish his/her entitlement to Bereavement Leave by presenting an obituary, death celtificate, or other documentation to the Company within filleen (J 5) days after returning from Bereavement Leave. Failure to prov ide the proper documentation will result in the automatic collection of that bereavement leave paid from the employee's next regular paycheck. /"- j.
;orth r thecom pf ~ ,,£v(!
Date: c oOl Date: 2. & TIu'" 2..0(1-
Addendum of the Agreement Wages
IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:
I. The wage rates of all members of the bargaining unit shall , on the effective date of the Agreement and thereafter as indicated, be in the amounts listed below:
Effective Dates: 9/1/2014 9/1/2015 9/1/2016
1. Cook I 15.13 15 .74 16.37
2. Cook II 13.15 13.67 14.22
3. MDFA Instructor 15. 16 15 .77 J6.40
4. Shift Leader 12.49 12.99 13.5 1
5. Rations Clerk
6. Dining Facili ty Clerk
7. Food Service Worker
8. Mess Attendant
12.32 12.32 1 1.88
12.82 12.82 12.35
Dining Facility Attendant (DFA) 11.88 12.3 5
13.33 13.33 12.85
12.85
9. DFA Shift Leader/Event Coordinator 15.79 J 6.42 J 7.08 10 DFA ShifUEvent Helper 12.04 12.52 13.03 Effective on September 1, 2014, any employee with at least ten (10) full years of service will be paid a longevity premium of thirty cents ($0.30) per hour in addition to the wage scale outlined above.
2. Notwithstanding the wage rates listed above or anything in this Agreement or Addendum to the contrary, in the event that the request for such wage rates is not approved by the U.S.
Government and incorporated into the Company's contract with the U.S. Government, such wage rate will not be binding upon tbe-c-o.~mp .
F t\1& on: For the COl1~any: ~/ . / X u" . I, ~r ~J Date: . /It Date: --;j(;; ,TltOy ~1r'l Addendum of the Agreement Vacation
IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:
1. Employees with one (1) or more years of service shall be eiigible for one (1) week of paid vacation.
2. Employees with two (2) or more years of service shall be eligible for two (2) weeks of paid vacation.
3. Employees with five (5) or more years of service shall be eligible for three (3) weeks of paid vacation.
4. Employees with ten (J 0) or more years of service shall be eligible for five (5) weeks of paid vacation.
5. Length of service includes the whole span of continuous service with present (successor) contractor wherever employed and with the predecessor contractors in the performance of similar work at the same federal Base.
6. Vacations will not be accumulated from year to year, nor taken back to back. Vacations schedules must be approved in advance by the Company.
7. An employee will not receive an extra day's vacation nor be paid an extra day's pay for a paid holiday which falls within his vacation period.
8. Temporary layoffs during the year will interrupt the continuity of service for the purpose of eligibility for vacation, however, any layoff during the Christmas holidays or Exodus will not interrupt the continuity of service for the purpose of eligibility for vacation.
9. Vacation Pay will be computed based upon the hours worked in the employee's normally scheduled work week.
10. All allotted vacation shall be scheduled during employee anniversary vacation year, the year in which the vacation is accrued. All allotted un-accrucd vacation will be paid out separate iiOln the employees regular check
11. Priority in scheduling will be given consistent with the emp.loyees' seniority. lfmore than one employee request vacation on the same day and for the same period of timc as another employee, priority in scheduling vacation will be scheduled on a first come first served basis
12. All vacation will be paid at the regular rate of pay.
H. aca ·on checks will be separate fi·om the employee's regular pay check.
For the. ~~n: For he s;.0mpany: ~ ~ ~~~~=-~~~~./~l/~ .. ____ f ~~ de Tlf// {' 20(1 Date: Jf..!:Jr;;;t, NdY-
Addendum of the Agreement Holidays
IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:
1. Holidays for which every employee will be compensated at the hourly base rate of pay are as follows:
New Years Day Martin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Colwnbus Day Veteran's Day Thanksgiving Day
Christmas Day Employee's Birthday (after one (1) year of service)
2. Holiday Pay will be computed based upon the hours worked in the employee's normally scheduled work day. .
3. Any work performed on a holiday will be paid at the employee's regular rate of pay. If any of the named holidays fall on a non-working day, the employee shall receive an additional day's pay above their normal compensation.
4. In order for an employee to qualify for a paid holiday, he must have worked hi s regularly scheduled work day inunediately preceding the holiday and his regularly scheduled work day immediat y following the hOlidaY~p,f} For the ion: Fo thefompany: ' '"'' Ocr
. . _ . ,,,,-," l.! ~x. ....... L-,:-c----'.~--:------ Da-! : ,2G ;[&0('(201« Date: CllR -~ -~O\t Addendum of the Agreement Sick Leave
IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:
1. All employees shall be entitled to paid sick leave accmable on the basis of one-half (112) day of sick leave pcr month, not to exceed six (6) days per year.
2. Unused sick leave will be paid out in a check that will be separate from the employee's regular pay check, and will be paid by the last pay period of April in each year of this Agreement.
3. Unused sick leave will be paid out, by the incumbent contractor, in a check that will be separate li·om the employee's regular check, and will be paid by the last pay period of April in each year of this Agreement . The prcdecessor contracto r wi ll. under no circumstances, be responsible for any portion, pro rat cd or otherwise, of payment to the employees once it no longer
) oldHh
Addendum of the Agreement Pension Pursuant to the Parties' side agreement, the Company agrees that the employees shall participate in the UFCW Pension Plan based upon boudy contribution rates described herein, subject to applicable maximum contributions of forty (40) hours per week and Two Thousand Eighty (2,080) hours per year.
Increase the pension amount as follows:
Current: $0.90 per hour worked per employee Effective 9-1-2014: $1 .00 per bOLir worked per employee Effecti ve 9-1-2015: $1.10 pe r hom worked per employee Unless the applicable wage determination specifies otherwise, the parties intend for " hours worked" to include all hours the employee is paid for under the govenunent contract, including any…
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