Attachment 4 - Collective Bargaining Agreement.pdf

SERVICE CONTRACT AGREEMENT

BETWEEN

LABORERS' INTERNATIONAL UNION OF NORTH AMERICA PUBLIC SERVICE

EMPLOYEES LOCAL UNION 572

AND

APEX LIMITED

AT

JBHH-FORT MCNAIR, WASHINGTON DC

JOINT BASE MYER-HENDERSON, ARLINGTON VIRGINIA

EFFECTIVE: JULY 01, 2017 -EXPIRE: JUNE 30, 2020

Table of Contents

X. Seniority XI. Promotions XII. Leaves of Absence XIII. Wages

XVI. Overtime XVII. Holidays XVIII. Vacations

XXIV. Miscellaneous

XXXI. Pension

AGREEMENT

THIS Agreement made and entered into this 1st day of March 2016 by and between APEX LIMITED performing services under contract No. W91QV1-15-C-0066 at FORT MCNAIR, WASHINGTON, DC. JOINT BASE MYER- HENDERSON, ARLINGTON VIRGINIA (hereinafter referred to as “EMPLOYER”) and the Laborers’ International Union of North America, Public Service Employees Local 572 and its affiliates: (herein collectively referred to as “UNION”). Any provision contained in this agreement that causes noncompliance to a delivery order shall be considered void.

ARTICLE I

PURPOSE AND SCOPE

It is the intent and purpose of the parties hereto set forth herein the basic agreement covering wages, hours of work, and conditions of employment to be observed between the parties hereto, and to provide procedure for prompt, equitable adjustments of alleged grievances to the end that there shall be no interruptions or impeding of the work, work stoppages, strikes or lockouts during the life of this Agreement.

ARTICLE II

UNION RECOGNITION

The Employer recognizes the Union as the sole exclusive bargaining representative of all employees of the Employer with respect to wages, hours and all terms and conditions of employment.

ARTICLE III

UNION SECURITY

Subject to Section8 (a) (3) of the National Labor Relations Act, as amended, all present employees of the Employer covered by this Agreement who are members of the Union on the date of execution of this Agreement shall remain members of the Union in good standing as a condition of employment. Subject to Section 8 (a) (3) of the National Labor relations Act, as amended, all employees of the Company covered by this Agreement, who are not members of the Union and all such employees who are hired

The failure of any employee to become a member of the Union at the required time shall obligate the Employer, upon written notice from the Union to such effect and to the further effect that Union membership was available to other members, to forthwith discharge such employees.

Further, the failure of any employee to maintain his/her Union membership in good standing as required herein shall, upon written notice to the Employer by the Union to such effect, obligate the Company to discharge such employee.

The Union shall indemnify the Employer and save it harmless from any claim, loss, damage, cost or expense arising out of the discharge of any employee under this. Article and the Employer shall not be required to make any investigation of it, but shall be entitled to rely on any representative made by the Union with respect to the discharge of any employee for failure to join the Union or to maintain Union membership pursuant to this Article.

ARTICLE IV

DUES CHECK-OFF AND AUTHORIZATION FORM

The Employer will deduct and pay to the Union the regular amount of initiation fee and Union membership dues established by the Union Constitution or By-Laws from the pay of each employee covered by this Agreement who voluntarily authorizes and directs the Employer to make such deductions. Each such authorization shall be in writing and shall be governed by the provisions thereof.

The Union shall indemnify the Employer against and save it harmless from any claims, loss damage, cost or expense arising out of any wrongful deduction and payment of any amount tender this Article.

The Employer shall transmit to the Union, not later than the twenty-fifth (25th) day of the following month in which the deductions were made, a check for the total amount deducted together with a statement showing the name of each employee and the amount paid on his/her behalf. In the event an employee does not have sufficient earnings due him/her in any month to cover the amount of said deduction for that month, the Employer agrees to make such deductions from the earnings due the employee in future months until the employee is current in his/her payments.

ARTICLE V

MANAGEMENT’S RIGHTS CLAUSE

Subject to the express limitation of this Agreement, and any applicable local addendum hereto, the Company retains the sole and exclusive right in its discretion to manage its business, to hire, discharge for cause, layoff, assign, transfer, promote or demote employees, to determine the starting and quitting time, to establish, discontinue or change operations, productions, work standards or plant rules, provided; however, that with respect to any action which results in a change in established work rules, existing hours of work or the size of the work force, the

Company shall give prior notice to the Union before taking such action on such matters. Nothing herein shall prevent individual employees, either alone or with a Union representative, from consulting with Company representatives on problems relating to their individual work schedules.

ARTICLE VI

NO DISCRIMINATION

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

ARTICLE VII

UNION REPRESENTATION

Section 1. The number and need of stewards shall be determined by the Union, and the business manager, thereof, will make appointments. The Union agrees to limit the number of stewards to a maximum of one (1) per shift where possible.

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

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

Section 4. The Employer agrees that in the event it is planning to transfer a steward from one work shift and/or shop to another, it will inform the Union within forty-eight (48) hours of taking such action.

Section 5. Authorized agents of the Union shall have access to the Employer’s establishment during working hours for the purpose of adjusting disputes, investigating working conditions, collection of dues, and ascertaining that the Agreement is being adhered to, provided, however, that advance notice be given so that such visits do not unduly interfere with the Employer’s operation. All visits shall be subject to Government regulations.

ARTICLE VIII

DISCHARGE SUSPENSION OR DISCIPLINE

As a member of Apex Limited, a certain professional conduct is expected. If one fails to meet a standard of conduct as explained by the Executive Housekeeper, disciplinary action will follow.

A written notice will be Step One (1), Suspension will be Step two (2), Termination will be Step three (3).

Automatic dismissal will follow for the following, including but not limited to:

1. Drinking alcoholic beverages on company or clients premises, having liquor on your breath while on duty or reporting to work in an inebriated condition.

2. Theft of any kind.

3. Habitual tardiness and absence without notice, or reasonable explanation.

4. Gambling on the job.

5. Unlawful use or sale of any controlled substance as stated in Section 202 of the Controlled

Substance Act.

6. Fighting on the job.

7. Possession of firearms.

8. Sleeping on the job.

9. Refusal to follow instructions from your immediate supervisor or any kind of insubordination that will endanger yourself or others.

10. Personal use of the Company equipment or supplies.

11. Three days of absence without notification.

12. Client request that you be removed from his/her facility for a just cause.

13. Intentional misuse of company equipment.

14. Intentional misuse of company vehicles.

15. Intentional damage or destruction of customer's property. Any other misconduct adversely affecting or detrimental to the company's operation or delivery of service.

16. Severe harassment towards any co-worker, or staff member at client's facility.

17. Indecent and/or immoral conduct.

18. Any breach of security clearance at any customer's location.

19. Disrespect toward Government or Company representatives.

20. Bringing unauthorized persons (non-employees of the company) onto job site, for: Example;

kids, spouse, relative, etc.

Discharge or suspension must be by proper written notice to the employee, with a copy to the shop steward, and a copy e-mail and/or mailed to the Union.

ARTICLE IX

GRJEVANCE AND ARBITRATION PROCEDURE

The parties to this Agreement, in the interest of resolving all disputes, complaints or grievances, in connection with the interpretation or application of the terms of this Agreement, have settled upon the following as an exclusive, final and binding procedure for the resolution of all disputes, including complaints or grievances, arising out of the interpretation or application of the recognition provision of this Agreement, the Union may, at its option, proceed immediately to arbitration. Disputes, complaints or grievances of either party hereto arising out of all other provisions of this Agreement shall be resolved in accordance with the following procedure where applicable. Further, the Employer may utilize Step 4 below for any grievance or dispute it may have not included in the subject matter covered by Step 1, 2 and 3 hereof.

Step 1. Any aggrieved employee (other than probationary employee), who shall be defined as an employee who has not been in the employee of the Company for at least thirty (30) working days, shall be entitled to utilize the grievance procedure. Such employees may discuss his/her grievance with his immediate Supervisor in the presence of the Shop Steward.

Step 2. If the grievance is not settled he/she shall report the matter to the Shop Steward responsible for that shift. If the latter believes that the grievance is meritorious, he shall attempt to resolve that grievance with the designated Regional Manager of the Employer within five (5) working days (Monday through Friday) from the date of the alleged incident that precipitated the grievance. If the Employer fires, suspends or terminates an employee as a result of the incident giving rise to the grievance, it shall give written notice to the Business Manager of his/her designated Representative for the Union of the event within three (3) working days of the termination, suspension or firing. If the grievance is not resolved within the said five (5) day working period, the grievance shall be reduced to writing and referred to Step 3, and the Regional Manager immediately furnished a copy. In the event that the Shop Steward and/or the aggrieved employee fails to comply with the procedure set forth in this Step 2 within the time limits established, this shall constitute a waiver of the grievance and the matter shall he considered settled in favor of the Company.

Step 3. The Shop Steward shall refer the matter to the Business Manager of the Local Union who shall attempt to resolve it with the Employer. If no satisfactory settlement is reached within five

(5) days after the date of the Step 3 grievance, either party may within five (5) additional days, refer the matter to Step 4, arbitration. Any matter not referred to arbitration within the said period shall be deemed finally settled and the grievance waived, and no further action shall be taken.

Union must submit case to arbitration to AAA within thirty days of notification to Company of intent to arbitrate dispute. Failure to do so constraints waiver of the grievance. Any dispute not submitted to hearing before an arbitrator within nine months of notification to the AAA is deemed waived, unless the Company causes the delay.

Step 4. The party invoking the provisions of Step 4 shall within said five (5) additional days period, request in writing (copy to other party), the Federal Mediation and Conciliation Service to supply the parties with a list of five (5) arbitrators and the selection of an arbitrator and the conduct of the arbitration proceeding shall be in accordance with the procedure of the Federal· Mediation and Conciliation Service Upon receipt of the list of arbitrators, the parties hereto shall meet with a period of five (5) days from the date thereof and invoke the following procedure to arrive at an impartial arbitrator. The party desiring arbitration shall strike 1he first name, notifying the o1herparty of such action and each party in turn then striking one name until. One name only remains, who shall be designated as the impartial arbitrator. The decision of the arbitrator shall be final and binding upon both parties, provided, however, that the arbitrator shall be empowered only to interpret and apply the provisions of this Agreement and shall have no authority to add to, subtract from or modify any provisions of this Agreement. Wages are not subject to arbitration. Each party shall bear its own cost in connection with the arbitration, including the cost of any transcript desired by it but the parties shall share the fee and expense of the arbitrator equally.

ARTICLE X

SENIORITY

Section 1. The Employer recognizes seniority, which shall be based upon the length of continuous service, with previous, present and succeeding Employers according to the Employer's and the Union's records, as an important, but secondary factor to be considered by it in shift assignments, promotions, demotions, lay-offs, and recalls 'after lay-offs within the unit It is understood, however, that the Employer shall consider an employee's qualifications, efficiency and capability, as primary factor provided that when these factors are equal, seniority shall prevail.

Section 2. No employee shall acquire any seniority rights until the present EMPLOYER has continuously employed him/her for a period of ninety (90) calendar days.

Section3. A break in seniority shall occur in the following events:

a) If an employee quits.

b) If an employee is discharged for cause.

c) If an employee retires.

d) If an employee takes an unauthorized leave of absence.

e) If an employee is laid off for more than six (6) months or, if less than six months and fails to return to work when recalled

f) If an employee leaves due to military TDY assignment

Section 4. The Employer shall supply the Union with an up-to date seniority list, which shall be reviewed each six (6) months.

Sections 5. Every new employee shall be on probation for a period of ninety (90) days.

During this probationary period, an employee may be dismissed for any reason considered justifiable by the Employer. A probationary employee shall not have a right to invoke the grievance and arbitration procedure of this Agreement.

ARTICLE XI

PROMOTIONS

Section 1. When the Employer determines that a vacancy exists in a classification within the bargaining Unit, a notice of the vacancy shall be posted for a period of three (3) calendar days in the normal posting locations. Any employee in the Bargaining Unit shall be permitted to sign the notice indicating his/her desire to be selected for the position.

Section 2. In effecting a promotion, the Employer wills first give consideration to employees within the unit and selection will be made there from unless an outside applicant is clearly better qualified.

Section 3. The application of all candidates will be reviewed with full regard given to each candidate's skills, abilities and experience. In making selections for promotions within the bargaining unit, the Employer may consider willingness to relocate as criteria; however, all other factors being equal, the Employer shall promote the most senior employee.

ARTICLE XII

LEAVE OF ABSENCE

Section 1 Leave of Absence Leave of Absence will be permitted under the provisions of the Family Medical Leave Act.

Section 2 Personal Leave of Absence A leave of absence without pay, for reasonable cause, as determined by the Employer, may be granted for a period up to ninety (90) calendar days with written approval of the employee's supervisor at least fifteen (15) days in advance of such leave of absence, providing the employee can be spared from his/her regularly assigned job duties. The Employer, in its sole discretion, may grant such leaves of absence. Employees who are away for a period longer than the term of the leave of absence or who accept employment elsewhere without permission of the Employer during such leaves of absence· shall be considered to have voluntarily terminated their employment with the employer. Employees shall not receive holiday pay for any holiday; which falls during the period they are on leave without pay. Employees on leave of absence without pay, which extends beyond ninety (90) days, shall not receive any accrued vacation for that period of absence.

Section 3 Military Leave of Absence The Employer and the Union agrees to abide by the provisions of the Selective Service Act, and the Veteran's Re-employment Act, insofar as the provisions of said Acts apply to the right of employees and the obligations of the Employer.

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

Active military personnel shall not be granted any leave of absence for any military TDY assignments by their military agency. Per Article X, Section 3 (e), an employee leaving his/her work due to a TDY assignment shall lose his/her seniority rights.

Section 4 Medical Treatment The Employer provides Workmen's Compensation coverage for employees who sustain an injury or contract a sickness covered by Workmen's Compensation. The Employer will pay the injured or sick employees the hours worked by his/her crew on the date of his/her injury or sickness.

Section 5 Injury or Sickness Leaves of Absence An employee desiring leave of absence from his/her employment shall secure written permission from the Employer. The maximum leave of absence shall be for (90) days. An extension may be granted when required. Permission for leave must be secured from the employer with a copy mailed to the Union. Granting of leave of absence shall be for the following reasons: union activities, eases considered extreme hardship for an employee or any member of his/her immediate family, military duty, and in the case of compensation injuries or occupational disease. Employee seniority shall continue to accrue during leave of absence. However, there shall be no accrual of benefits after 90 days of absence. Leave of absence shall not cause a change in seniority date. However, if benefits accrue during a year in which a leave of absence is taken, they shall be prorated according to service during that year. Leave of absence for maternity shall be granted in accordance with applicable law.

Section 6 Pregnancy Leave Pregnant employees who have completed their probationary period shall be eligible for leave of absence in accordance with applicable law and the provisions of this Article. No later than the end of the third month of pregnancy, such employee shall notify their supervisor of the expected date of delivery and the date they wish to stop work. By the end of the sixth month of pregnancy, such employees who desire to continue working shall provide their Employer with a statement from their attending physician certifying the expected date of delivery, then- physical ability to continue working and date up to which they are permitted to work. Maternity leave begins on the date on which the employee stops working and will be granted for a period not to exceed six (6) months, except that employees who for valid medical reasons are required to take maternity leave prior to the sixth month of pregnancy or who for valid medical reasons must postpone their return to work, will be granted maternity leave for a period of up to nine months; provided in each case that such employees have been continuously employed for at least nine (9) months.

Maternity leave will be an unpaid leave of absence but seniority status will not be altered s h o u l d the employee return to work within the time limit imposed by the Company. Maternity leave clause to conform with Article VII of the Civil Rights Act.

Section 7 There shall be no accrual of earning or benefits during a leave of absence unless required by law.

ARTICLE XIII

WAGES

Employees shall be paid wages, and fringe benefits in accordance with schedule of wages identified as Schedule (A) for each location. The rated of pay and fringe benefits shall be negotiated between the Employee and designated representative of the Union that has jurisdiction to represent the employees.

ARTICLE XIV

SHIFT SCHEDULING BASIC WORK WEEK & HOURS OF WORK

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

Section 1. Work Week:

The regular workweek for all employees shall begin and end at 12:00 am on Sunday. The Employer will make every effort in scheduling to insure that no employee works more than seven (7) consecutive days. Due to the inconsistent tasks and frequency scheduling, required by the contracting agency, the Union recognizes the fact that it is impossible to place all of the Employer's employees on a forty (40) hour work week; therefore, the Employer agrees to place as many employees as possible on a forty (40) hour, five (5) day per week, work week.

Section 2. Days off

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

Section 3. –Shifts

Shifts for all regular employees shall be established as follows:

a) Shifts will be established by the Employer to best accomplish the task and frequency schedules. Employees transferred from one shift to another shall receive at least twenty-four (24) hours notice except during an emergency.

Emergency Discontinuance of Operation. In the event of any emergency (e.g., severe weather conditions) requiring the discontinuance of the Employer's operations, employees will be released from work and/or will be excused from their obligation to report for work in accordance with directions, which may be issued by the military command, and which apply to the operation of the military installation. The Employer shall not be required to pay wages unearned by the employees as a result of such discontinuance of operation.

b) There shall be a fifteen (15) minute rest period during the first half of each employee's shift provided his/her scheduled workday exceeds five (5) hours.

Such rest periods shall be taken without loss of pay at a work location to be determined by the Employer. Employees scheduled to work five (5) hours or less in any one (1) workday shall not be granted rest periods

c) No employee shall be required to work more than four (4) hours without a lunch period. Meal periods shall be one half (1/ 2) hour and shall be without pay.

The provisions of this Article shall not be construed as a limitation upon the number of hours per day, per week the Employer may operate business or schedule its employees; nor shall it be construed as a guarantee of the minimum of hours available to employees.

ARTICLE XV

SHOW UP AND REPORTING TIME

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

(3) hours pay at the regular rate.

ARTICLE XVI

OVERTIME

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

Overtime is defined as:

All work performed in excess of forty (40) hours in any workweek. The employer will distribute overtime work as is necessary, and as fairly as possible, among employees qualified to perform such work.

The Employer shall have the right to require mandatory overtime when necessary in order to meet contract requirements or needs.

ARTICLE XVII

HOLIDAYS

Section 1. All regular employees shall be entitled- to the number of paid holidays as identified in Schedule (A). Any employee who is absent without an acceptable excuse on the scheduled workday immediately preceding, and/or the scheduled workday immediately following a holiday shall forfeit his/her right to be paid for such holiday. If an employee is prevented from working on the workday immediately proceeding or the workday immediately following a holiday because of illness attested to by a physician or death in his/her immediate family, such fact shall constitute an acceptable excuse. (Immediate family shall include spouse, parent, brother, sister, and children).

Section 2. The holidays as listed below will be observed as non-work days, for which employees shall be paid at their regular rate of pay for the day. Whenever such holidays fall on a Saturday of Sunday and the activity, except those required to operate during holiday periods, may be closed to public business on the preceding Friday, or the succeeding Monday, in lieu of such holidays, then such Friday or Monday shall be deemed to be a holiday.

New Years Day Martin Luther King's Birthday

President's Day Memorial Day

Independence Day Labor Day

Columbus Day Veteran's Day

Thanksgiving Day Christmas Day

One (1) Personal Day

Section 3. Employees working on a holiday within their basic work week will receive the same pay as they would normally receive on a regular work day, plus one (1) days pay to which they are normally entitled for the holiday. Employee must work his/her regularly scheduled workday the day before and the day after the holiday, unless approved by the Company.

Section 4. If one of the aforementioned holidays falls within an employee's scheduled vacation, such employee shall receive one (1) additional day of paid vacation.

Section 5. For an employee to be entitled to receive pay for holidays not worked, he/she must been an employee of the Company for sixty (60) days.

ARTICLE XVIII

VACATIONS

Section 1. Employees shall receive paid vacation as identified in Schedule (A) covering their location. Vacation shall be paid or earned on a pro-rate basis, at a rate of 1/12th per month, but shall not be accrued during a period of layoff. Vacation pay shall be figured on the basis of the employee's normal workweek. The Employer agrees to pay all unused vacation at the end of the contract given the employee has reached their anniversary date or has any unused EARNED vacation days.

Section 2. The Employer shall offer the employees the opportunity to request their vacation in advance for approval. This vacation schedule shall be approved no later than March 15 of each year. In selection of vacations employee's seniority shall be the determining factor. Once the vacation schedule is completed and approved, the Employer cannot arbitrarily change it.

Employees shall not be required to schedule their vacation in advance, but when getting unscheduled vacation approved at a later date, it must be understood that approved vacations on the vacation schedule shall be recognized first in cases where an employee is requesting the same days off as another employee who has prior approval. Vacations shall be used within the twelve

(12) months following the employee's anniversary date or the Vacation days will be forfeited is not taken within a year. Vacations cannot or will not be accumulative from year to year.

Sections 3. Notwithstanding that an employee is otherwise entitled to vacation, and has qualified for same, he/she forfeits all vacation pay or privileges if prior to taking his/her vacation, he/she quits without giving the Employer one (I) week's written notice of his/her intention to quit He/she also forfeits his/her vacation pay or privileges if he/she repeatedly two (2) times or more, fails to report to work without notice to the Employer, which is grounds for removal for cause pursuant to Article VIII, or is discharged for automatic dismissal in accordance with Article VIII.

ARTICLE XIX

SICK LEAVE

Employees shall be entitled to sick leave per year, with pay, at the employee's regular rate of pay, as identified in Schedule (A). The Employer may require medical proof of illness for request for sick leave in excess of two (2) days. No sick leave pay shall be paid for less than one- half (l/2) day.

An employee who works less than one-half (1/2) day will receive regular pay for hours worked and one-half (1/2) day sick pay. If an employee works more than (1/2) day, the employee shall only be paid for hours worked and will receive no sick leave pay. Please refer to Addendum A;

regarding amount of sick days per site. The Employer agrees to pay all unused sick leave within sixty (60) days of the contract year-end.

ARTICLE XX

FUNERAL LEAVE

Funeral leave as identified in Schedule (A) shall be recognized as follows: An employee who has a death in the immediate family which is defined as the employee’s Mother, Father, Spouse, Son, Daughter, Sister, current Mother-in-Law, current Father-in-Law, or a member of the immediate family through adoption or guardianship shall be paid for attending the funeral up to and including three (3) days pay at their regular rate for the time missed within one (1) week of the funeral. Stepparents shall be considered as immediate family. An employee will be granted two

(2) additional days off without pay to attend the funeral if said funeral are out of state.

ARTICLE XXI

HEALTH AND WELFARE

Effective July 1, 2017, the Employer shall contribute to the Man-U Service Trust Fund, for each hour paid, except for unused sick leave paid out in accordance with Articled XIX, for each employee covered by this Agreement in accordance with Addendum (A) to this Agreement.

ARTICLE XXII

HIRING OF EMPLOYEE

Section 1. Selection of applicants for referral to or for employment on jobs shall be on a non-discriminatory basis and shall not be based on, or in any way affected by, Union membership, by-laws, rules, regulations, constitutional provisions, or other obligations or aspect of Union membership, policies or requirements.

Section 2. When the Employer is awarded a new service contract, in a location where the Laborers’ International Union already represents employees through a prior collective bargaining agreement, with the predecessor contractor, the Employer signatory to this Agreement agrees to retain necessary number of employees of the predecessor contractor required for Service Contract performance, Article X, Seniority, shall be applicable in the above.

ARTICLE XXIII

WASH AND WEAR

UNIFORMS

The Employer shall provide two wash and wear shirts at no cost to the employee, which it requires the employees to wear. An additional wash and wear shirts shall be provided to each employee, without cost, as needed, determined by APEX Limited. The employees shall launder and maintain their shirts at their own expense.

ARTICLE XXIV

MISCELLANEOUS

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

Section 2. The Employer agrees to give the Union a copy of the Employer's written personnel policies, and copies of the job descriptions for all classification in the bargaining units. If no job description exists for a job classification, the Union and Employer will immediately negotiate it jointly.

Section 3. Supervision and other personnel outside the bargaining unit (other than non- union working forepersons) shall not regularly perform bargaining unit work to replace bargaining unit employees. The parties to this Agreement recognize, however, that such activity may be necessary from time-to time to insure the efficient and profitable operation of the Employer and therefore, agree that such activity is not volatile of the provision of this Agreement.

Section 4. Pay Period and Pay Day. The Pay Periods shall be bi-monthly.

Section 5 Employees who are discharged or who quit the services of the Employer may receive their wages at the next regular pay day, but may receive their personal property upon quitting.

No employee who is discharged or resigned will receive any wage until he/she has furnished proof that his/her file at Base Security has been cleared, and all badges/passes surrendered, and has cleared the Employer's property files. No wages will be released until all Uniforms and other property belonging to the Employer are turned into the Employer in a clean and unabused form.

Section 6. The Union agrees to encourage all employees in the bargaining unit to adhere to and follow the rules and regulations and the provisions of this Agreement.

Section 7. - Job Postings All openings will be posted for a-period of three-days, the most qualified senior union employee signing for the position will receive the job. If a union employee does not sign up for the vacancy, the most senior call-in person will have an opportunity to accept the position. If no call-in people are interested, the Company may fill the vacancy from an outside source.

ARTICLE XXV

NO STRIKES - NO LOCKOUTS

Section 1. The Company shall not lockout any of its employees during the term of this Agreement.

Section 2. There shall be no strikes (including sympathy strikes), boycotts, work stoppages or interruption of work of any kind whatsoever by the Union or the employees during the term of this Agreement; nor shall any employee refuse to cross a picket line at any facility belonging to the Company, or to any entity with which the Company does business. The Union agrees that under no circumstances will it or its members call, authorize, approve, ratify, or sanction any strike, sit-down, slowdown, boycott, refusal to cross a picket line or any curtailment, interruption or restriction of work; nor shall the Union or any employee it represents interfere with the Company's operations in any way by engaging in picketing, hand billing or union publicity campaigns of any kind against the Company during the term of this Agreement.

Section 3. Employees, whether acting singularly or in concert, shall not induce, instigate, cause or take part in any acts prohibited by Section 2 above, and any employee who engages in any such act or attempts to encourage, induce or instigate others to do so, shall be subject to immediate discharge.

Section 4. Upon being notified by the Company that any of the acts referred to in Section 2 and 3 above are occurring, the Union shall immediately advise the offending employees or union officials that their acts are in violation of this Agreement and shall take immediate affirmative action to cause such conduct to cease. The Union shall give the Company its full cooperation and shall aggressively undertake all measures that are legally permissible to come the earliest cessation of any such acts, including the immediate assignment of a Union Representative to work on the problem. After it receives notice from the Company that acts volatile of Section 2 or 3 above are occurring, the Union shall, as rapidly as possible, advice the Company in writing as to what actions it has taken to remedy the situation.

Section 5. It is the purpose of this Article to bar any work stoppages, strikes, or other similar job actions whatsoever during the term of this Agreement.

ARTICLE XXVI

INVALIDITY/SAVINGS CLAUSE

In the event that any term of provision of this Agreement shall be declared in violation of state federal law, or shall, through action of any federal of state legislation, become unlawful, such term or provision shall be void and of no effect in that particular jurisdiction. All other terms and conditions of this Agreement shall remain in full force and effect. In the event any authorized Government Agency, or court of competent jurisdiction, determines that the wages and fringe benefits contained in Schedule (A) are improper, the Employer shall be obligated to pay only the wages and fringe benefits specified in the appropriate wage determination issued by the Department of Labor during the period the Union is appealing such action. If the Union's appeal is successful, the Employer's obligation will be governed by the terms of the modified wage determination issued as a result of the appeal provided that the Employer's fixed cost contract has been increased accordingly.

ARTICLE XXVII

HEALTH AND SAFETY

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

ARTICLE XVIII

PHYSICIAL EXAMINATION

If required by the Contracting agency, the Employer may require an employee to undergo a physical examination, and the employer shall have the right to select the examining physician, requests the physician to conduct specific tests, and to receive a written report from the physician as to his findings. Such reports shall be considered and treated in a confidential manner by the Employer. The total cost of such physical examinations, exclusive of any treatment given, shall be borne by the Employer, in order to comply with contract requirements that require a drug – free workforce/workplace. The Employer has the right to perform drug testing.

ARTICLE XXIX

WEATHER EMERGENCY CLOSING

If the facility is closed due to weather conditions, after the employees have reported for work, the company will pay four (4) hours show up time for that day.

If the facility is closed due to weather conditions, after the employees have worked four (4) hours, the employees will be paid for hours worked that day

ARTICLE XXX

JURY DUTY

An employee who has completed his/her probationary period and who service jury duty shall be compensated by the Company in the amount of the difference between his/her regular rate for regular scheduled work days lost and the amount received as juror’s fee. Whenever the employee is temporary excused for jury duty by the court on his/her scheduled work day, he/she shall advise his/her supervisor as promptly as possible and stand by, ready for work, if request by the Company. The receipt of a subpoena or the notice to report for jury duty must be reported immediately to the appropriate supervisor and the Company and request that the employee be excused or except from such jury, if in the opinion for the Company, the employees’ services are essential at the time of proposed jury service.

ARTICLE XXXI

PENSION

For purposes of this Agreement, each day paid for, including days of paid vacation, paid holidays, and other days for which pay is received by the employee, except for paid out sick leave in accordance with Article XIX, shall be counted as days for which contributions are payable.

The Pension Plan is administered by the Union and the Union agrees to indemnify the Company and saves it harmless from any claim, loss, damage, cost or expense that may result from action brought against the Company by any person or group of persons, an Company, Corporation, Union Agency, or Government Agency which is involved in any way in the administering of the Pension or any facet of the Pension Plan as conceived and administered by the Union, Laborers’ International Union of North America National (Industrial) Pension Fund.

07/28/2017

Business Manager

NATIONAL SERVICE CONTRACT AGREEMENT

ADDENDUM B

PENSION, HEALTH AND WELFARE BENEFIT FUNDS

The employer has agreed to make pension and health and welfare fund contributions on behalf of every employee covered by this Agreement This Addendum sets forth more particularly the terms and conditions of the employer's contribution obligations to these Funds, subject to any rights reserved by the Fund; Trustees to accept or not accept the unit of employees covered by the Agreement into participation.

Section 1: LIUNA National ("Industrial”) Pension Fund.

(a) The Employer shall contribute to the Laborers' International Union of North America National

(Industrial) Pension Fund for each hour for which an employee covered by this Agreement is entitled to pay, including hours of paid vacation, paid holidays, and other periods for which pay is paid or owed to an employee, not to exceed forty (40) hours per week. The hourly contribution rate shall be the rate set forth in Schedule A to the Agreement. Contributions to the Fund for an employee shall commence with the employee’s first (1st) day of employment in a classification covered by the Agreement

(b) Contributions to the Fund shall be due monthly and specifically by the twenty-fifth (25th) day of the first month following the month during which the contributions accrued, unless otherwise expressly required by the Fund's Board of Trustees. The Employer shall also submit to the Fund monthly such contribution reports as the Board of Trustees may require verifying the amount of contribution owed (if any) for the preceding month.

Such reports shall be submitted to the Fund en the same schedule as contributions, and shall be submitted even if the employees performed no work and no contributions are owed to the Fund for the month covered by the report

(c) The Fund shall have the right and authority to have a certified public accounting firm audit the payroll and other records of the Employer for purposes of verifying the accuracy of the contributions made to the Fund by the Employer, verifying employee eligibility, and other purposes necessary for administration of the Fund, The Employer and the Union also agree to provide the Fund with any and all truthful information necessary for administration of the Fund.

(d) All contribution payments shall be made payable to the "LIUNA National (Industrial) Pension.

Fund" and sent to the Fund at 905 - 16th Street N. W., Washington, D.C. 20006. If the Employer fails to submit contributions of contribution reports to the Fund when due, it shall be considered in default and shall be subject to charges of interest, liquidated damages, attorneys fees, costs, audits fees, and other costs of collection in accordance with the Fund’s Agreement and Declaration of Trust. The Fund shall have the right to take any and all lawful actions to secure payment of contributions and submission of the commencement of legal proceedings against the employer and others acting on its behalf. The Employer’s obligations with respect to the Fund shall not be subject to any grievance or arbitration procedure provided under the Agreement. The Union shall have the right to take whatever steps it deems necessary to secure compliance by the Employer with its contribution obligations.

(e) The Employer and the Union agree to accept, be bound by and comply fully with a copy of the Fund’s

Agreement and Declaration of Trust, a copy of which have been provided to both.

Section 2: Mau-U Service Contract Trust Fund

Effective July 1, 2017, the Employer shall pay four dollars and fifteen cents ($5.01) per hour for each hour paid, not to exceed forty (40) hours per week, under the terms of this Agreement to the Man-U Service Contract Trust Fund.

Contributions are due for each employee covered by this Agreement, regardless of whether he/she is a member of the

Union.

The Man-U Service Contract Trust Fund maintains a place of business at 4130 Columbia Gateway Drive, Suite A, Columbia, Maryland 21046 or at other place of business as designated by the Trustees. Monthly contributions of the

Employer shall be forwarded to said business office together with report forms supplied for such purpose no later than the twenty-fifth (25th) day of the following month.

It is understood and agreed that the Employer shall be bound to the terms and provisions of the Man-U Service Contract

Trust Fund Agreement and Declaration of Trust, dated January 1, 1976 and any other provisions of this Agreement heretofore and hereafter made thereto, as though the same were fully incorporated herein.

If payments for contributions as defined are not received by the Fund office by the twenty-fifth (25th) day of the month, the Employer shall be deemed in violation of this Agreement and the aforementioned Trust Agreement. The Trustees of the Fund as well as the Union shall have the right to take whatever steps are necessary to secure compliance with the

Collective Bargaining and aforementioned Trust Agreement, and provision of the Collective Bargaining Agreement to the contrary notwithstanding, and the Employer shall be liable for all reasonable costs for collecting the payments due together with any reasonable attorneys fees and such reasonable liquidated damages and interest.

Section 3 - Laborers-Employers Service Contract Education…