WD CBA-2020-560 Lee Co Mtnc 2020 11 02.pdf

11/2/2020 beta.SAM.gov https://beta.sam.gov/wage-determination/cba/agreement/67750/document 1/1

REGISTER OF WAGE DETERMINATION UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT |EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary | WAGE AND HOUR DIVISION of Labor | WASHINGTON D.C. 20210

| Wage Determination No.: CBA-2020-560

Diane Koplewski Division of | Revision No.: 0

Director Wage Determinations| Date Of Last Revision: 11/02/2020

State: Florida

Area: Lee

Employed on PUBLIC BUILDINGS SERVICE contract for Building Operations and Maintenance Services at the United State

Courthouse in Fort Myers, FL..

Collective Bargaining Agreement between contractor: Katmai Support Services L.L.C., and union: International Brotherhood of Electrical Workers Local 177, effective 10/26/2020 through 10/31/2021.

In accordance with Section 2(a) and 4(c) of the Service Contract Act, as amended, employees employed by the contractor(s) in performing services covered by the

Collective Bargaining Agreement(s) are to be paid wage rates and fringe benefits set forth in the current collective bargaining agreement and modified extension agreement(s).

Page

AGREEMENT BETWEEN

KATMAI SUPPORT SERVICES

AND

INTERNATIONAL BROTHERHOOD

OF ELECTRICAL WORKERS

LOCAL UNION 177

October 26, 2020 Thru October 31, 2021 i

Table of Contents

ARTICLE I: PARTIES, PURPOSE, CONSIDERATION 1

ARTICLE II: RECOGNITION 1

ARTICLE III: AGREEMENT AGAINST STRIKES AND LOCKOUTS 2

ARTICLE IV: DISCRIMINATION 2

ARTICLE V: MANAGEMENT RIGHTS 2

ARTICLE VI: SCOPE 2

ARTICLE VII: INSPECTION PRIVILEGE 4

ARTICLE VIII: SHOP STEWARDS 4

ARTICLE IX: DUES & FEES 4

ARTICLE X: SAFETY 5

ARTICLE XI: SENIORITY 5

ARTICLE XII: PROMOTIONS AND TRANSFERS 6

ARTICLE XIII: LAYOFF AND RECALL 8

ARTICLE XIV: GRIEVANCE AND ARBITRATION PROCEDURES 9

ARTICLE XV: DISCIPLINE AND DISCHARGE 12

ARTICLE XVI: HOURS OF WORK 14

ARTICLE XVII: VACATION 16

ARTICLE XVIII: HOLIDAYS 17

ARTICLE XIX: LEAVES OF ABSENCE 18

ARTICLE XX: EMPLOYEE FACILITIES/EQUIPMENT AND ACCOMMODATIONS 20

ARTICLE XXI: WAGE BENEFITS 21

ARTICLE XXII: FRINGE BENEFITS 21

ARTICLE XXIII: SUCCESSORS AND ASSIGNS 23

ARTICLE XXIV: SEVERABILITY 24

ARTICLE XXV: FULL AGREEMENT 24

ARTICLE XXVI: DURATION 24

APPENDIX “A” 25

ARTICLE I: PARTIES, PURPOSE, CONSIDERATION

1.1. This Agreement is entered into as of this 26th day of October, 2020 between Katmai Support Services. (hereinafter referred to as the "Employer") and the International Brotherhood of Electrical Workers, Local 177 (hereinafter referred to as the "Union").

1.2. Whereas, the parties hereto desire to establish equitable and peaceful resolution of differences; rates of pay; hours of work and other conditions of employment under which the employees classified herein shall work for the Employer during the life of this Agreement and thereby promote a relationship between the parties hereto providing for harmonious cooperation and mutual benefits. In the true interest of employee and organizational prosperity, the International Brotherhood of Electrical Workers, Local 177 and Katmai Support Services have committed themselves to a partnership alliance that is fully committed to customer goals and objectives.

1.3. Now, therefore, in consideration of the performance in good faith by both parties, individually and collectively, of the terms and conditions of this Agreement, and intending to be legally bound, thereby, the parties agree to and with each other as follows:

ARTICLE II: RECOGNITION

2.1. The Employer hereby recognizes the Union as the sole and exclusive representative of those persons employed by the Employer within the appropriate unit certified by the certification of representation dated October 28th, 2014. Said unit is defined as follows: All employees employed by the Employer in maintenance, service and plant operations at the Bryan Simpson US Court House and the Charles E. Bennett Federal Building in Jacksonville FL; the Sam Gibbons US Courthouse, RL Timberlake Federal Building and RL Timberlake Federal Building Annex in Tampa, FL; the US Courthouse and Federal Building in Fort Myers, FL; and the U.S Courthouse and George C. Young FB-CT, Orlando FL. This includes custodians and lead custodians at the U.S Courthouse and George C. Young FB-CT, Orlando FL, but excludes custodians and lead custodians at the Bryan Simpson US Court House and the Charles E. Bennett Federal Building in Jacksonville FL; the Sam M. Gibbons US Courthouse, RL Timberlake Federal Building, and RL Timberlake Federal Building Annex in Tampa, FL; and the US Courthouse and Federal Building in Fort Myers, FL.

2.2 The Employer hereby recognizes the Union as the sole and exclusive representative of those persons employed by the Employer within the appropriate unit certified by the Recognition Agreement between the parties dated February 9, 2015 and August 17, 2020. Said unit is defined as follows: All employees employed by the Employer in maintenance, service, plant operations, including custodians and lead custodians at the Golden-Collum FB-CT, Ocala, FL.

Excluding: all professional employees, confidential employees, guards and supervisors as defined in the National Labor Relations Act.

In this Agreement, whenever a masculine pronoun or the singular or plural forms of "man" are used, it is understood that such references are meant to have equal application to all employees covered by this Agreement, regardless of gender or gender affiliation.

ARTICLE III: AGREEMENT AGAINST STRIKES AND LOCKOUTS

3.1. The Employer agrees that there will be no lockout during the term of this Agreement.

3.2. The Union agrees that there will be no strike during the term of this Agreement

ARTICLE IV: DISCRIMINATION

4. The employer agrees to comply with all Federal and State laws prohibiting discrimination on the basis of any legally protected class.

ARTICLE V: MANAGEMENT RIGHTS

5.1. The Employer has and will retain the full right of ownership and management in the direction of its operations. The rights of management include, but are not limited to, the right to plan, direct, control, increase or decrease its operations, work performed in facilities owned or assigned to it, and the work force itself; to make work assignments to schedule hours of work or shifts; to negotiate new job classifications and changes to existing classifications and place them within the wage structure; to introduce new methods, machinery, processes, or production/service techniques; to utilize suppliers and subcontractors; to determine who it shall hire and the number of employees it shall employ; to lay off for lack of work or other legitimate reasons; to establish and enforce reasonable policies and procedures not in conflict with this Agreement; to discipline and discharge employees for just cause; to determine and enforce reasonable policies affecting safety and operations in accordance with efficient and economic operations; to sell, liquidate, or consolidate any and all of its operations.

5.2. It is understood and agreed that the reserved rights of management, examples of which are set forth in the paragraph above, shall be interpreted in their broadest scope and shall be deemed only to be limited by express provisions of this Agreement and not by implication or construction. Failure on the part of the Employer to exercise any right hereby reserved to it shall not be deemed a waiver of its right to exercise such right or rights. The exercise of such rights by the Employer shall not preclude employees or the Union from filing grievances in accordance with Article XIV of this Agreement should the exercise of such rights have the consequence of violating express provisions of this Agreement. No arbitrator shall have any authority to impair the rights of management in contravention of the foregoing understanding and agreement.

ARTICLE VI: SCOPE

6.1. The earning power of bargaining unit employees on active payroll status will not be diminished as a result of non-bargaining unit employees of the Employer performing work customarily performed by bargaining unit employees as defined by their occupational classifications contained within the Department of Labor, Service Contract Act Directory of Occupations. No member of a firm (Employer), Supervisor, his representative or non-bargaining unit workers shall perform any manual work except:

• Temporary fill-in for absences, vacation, personal and sick time off

• Emergencies

• For work that is beyond the technical expertise of the bargaining unit employees

• For situations where the work is required to be completed and bargaining unit employees are tasked elsewhere and are unavailable

6.2. Nothing contained in this Agreement shall impair the right of the Employer to employ employees on a temporary basis, not to exceed ninety (90) calendar days in a 12 month period, in order to meet work requirements generated by seasonal workloads, special projects directed by the Government, work of a temporary nature, and to provide replacement for employees on any type of authorized absence. In the case of pandemics, national emergencies, or other similar situations, temporary employees may continue to be employed beyond 90 days to address the situation. The employer agrees to notify the Union of its intention to hire new employees (temporary, part-time, full-time) two weeks in advance. Temporary and part time employees will be compensated as set forth In Appendix A. If Temporary Employees work fewer than 30 hours per week, then their fringe benefits will be paid in cash, rather than contributions to the funds referenced in this agreement. Replacement employees shall meet all qualifications for the position which they are employed to perform.

6.3. The Employer agrees that temporary employees will be utilized in accordance with Article 6.2. It is recognized that vacancies can occur, or additional positions be authorized by the employer for full time positions. When such occurs, any length of service in a temporary position shall be included in the computation of seniority provided the temporary employment was contiguous to the appointment to full time.

6.4. All new employees shall be considered probationary employees until they have completed ninety (90) calendar days of employment. Upon successful completion of the ninety (90) day probationary period, an employee’s seniority shall date back to his most recent date of hire. The Employer shall be the sole and exclusive judge in deciding whether to continue such an employee’s employment. It is recognized by the parties to this Agreement that the probationary period is part of the Employer’s employee selection process, and the assignment or retention of ay probationary employee shall be solely at the Employer’s discretion. Such action will not be subject to the Grievance and Arbitration Procedure, Article XIV.

6.5. Employees hired as relief and employees who regularly work less than 30 hours per week will be considered part-time. Employees who regularly work 30 hours or more a week will be considered full-time and be compensated as such. Any length of service in a temporary or part-time position shall be included as part of the 90-day probationary period.

ARTICLE VII: INSPECTION PRIVILEGE

7.1. Union Officials shall have the right to enter the premises to satisfy themselves that this Agreement is being observed. If an escort is required, a shop steward or other Union Representative shall be designated by the visiting Union Official for the visit. The parties recognize work situations could arise that makes the immediate release of a Steward or Representative prohibitive. The Union understands that the facilities are not owned or managed by the company. The government has sole authority to allow access and may revoke access at any time without the company’s concurrence.

ARTICLE VIII: SHOP STEWARDS

8.1. The Employer recognizes the right of the Union to appoint (3) Shop Stewards and Alternate Shop Stewards from the official Seniority List per location (City). The Union agrees that it should promptly notify the Employer in writing of the individuals appointed as stewards. The Union will also notify the Employer of any changes in these matters.

Shop stewards shall be the last laid off within their classification.

8.2. The duties of the steward shall be the transmission of messages and information authorized by the Union; and the investigation and presentation of grievances.

8.3. In the event an employee is elected to the office of Chairman or Vice Chairman of the Unit, the Union shall advise the Employer of the designated Chairman and/or Vice Chairman. The Chairman of the Unit shall be the last laid off, and the Vice Chairman next to the last laid off.

ARTICLE IX: DUES & FEES

9.1. In accordance with this Article, within ninety (90 days) of employment, employees covered by this Agreement may provide written authorization on forms provided by the Union and the Employer will deduct from the pay due such employee those dues set forth as the employee's membership dues in the Union and/or representation fees for the Union.

9.2. Such order shall be effective only as to membership dues or representation fees becoming due after the date of delivery of such authorization to the payroll office of the Employer. Deductions shall be in such amount as shall be certified to the Employer in writing by the authorized representative of the Union. Such orders shall be terminable by the employee, with written notice to the Employer and the Union either during the last two weeks of the last year of each contract or within a two-week period following the anniversary date of the Employee's authorization to withhold dues. The Employer agrees not to hold requests to terminate authorization for payroll dues deduction. Such deductions shall cease within thirty (30) calendar days from receipt of the Employee's notice to terminate dues deduction.

9.3. The Employer shall submit to the Union, on the 15th of the following month, all dues and fees withheld the previous month. A listing of all employees having such deductions will likewise be submitted.

9.4. The Union agrees to defend and indemnify and hold the Employer harmless from and against any and all claims, suits, liabilities, actions, costs and expenses in any manner arising out of or connected with action taken by Employer pursuant to the provisions of this Article.

ARTICLE X: SAFETY

10.1. Every safety precaution should be taken to prevent job related injuries and illnesses. Any employee who believes an environmental, safety, or health violation exists that poses potential imminent danger or physical harm may cause a work stoppage. The Employer and Employees must comply with OSHA and NFPA safety standards. It is the Employer’s responsibility to train employees on the content of their safety and health policies, as well as when the safety and health policies are amended.

When an accident occurs, it will be thoroughly investigated by the employer representatives, the employee, and the Union steward. The results of this accident investigation shall be properly recorded, and steps taken to prevent recurrence. The Employer holds the right to terminate employment if the accident investigation determines any employee’s gross negligence or disregard for the safety policies and procedures.

ARTICLE XI: SENIORITY

11.1. Seniority means an employee's length of continuous service with the Employer or with a predecessor contractor at the sites covered by this agreement.

11.2. In the event two employees have the same original date of employment; seniority will be determined by the last four digits of the social security number with the employee having the lower last four digits of the social security number being considered as having the greater seniority.

11.3. Unless otherwise indicated, in all applications of seniority under this Agreement where present required qualifications are determined by this Agreement to be sufficient to meet the requirements of the available work, seniority shall be the determining factor.

11.4. In addition to other reasons which may be referenced elsewhere in this Agreement, seniority and the employment relationship shall be broken and terminated when an employee:

• Quits;

• Retires;

• Is discharged for just cause;

• Is absent for three (3) consecutive working days without notifying the Employer, unless the reason for failure to notify the Employer is because of a proven physical disability or act of God;

• Fails to return to work within five (5) working days of receipt of notice of recall from layoff;

• Is on continuous layoff for a period of 366 days;

• Fails to notify the Employer no later than ten (10) working days prior to the end of an extended leave of absence of his desire to be reinstated, or fails to report to work at the termination of any leave of absence, unless in either case he is prohibited by an emergency which is properly reported;

• Accepts other employment while on leave of absence, except a position with the Union.

11.5. When employees in the bargaining unit covered by this Agreement are promoted or transferred to positions outside the bargaining unit, they will retain and accumulate seniority for a period of ninety (90) days, during which period such employees may be allowed to return to the bargaining unit. In such event, the employee may only return to the job he left. If at the conclusion of the ninety (90) days, the employee is outside of the bargaining unit, he will lose all seniority rights under this Agreement.

11.6. It is the responsibility of all employees to notify the Employer, in writing, of any change in address or telephone number. The failure of the employee to take action to insure that such information is current shall remove from the Employer any and all liability under this Agreement in matters wherein such information is integral to the fulfillment of the Employer obligation or responsibility.

11.7. The initial seniority listing will be prepared by the Employer upon execution of this Agreement. Employees will have thirty (30) calendar days to object to posted seniority dates. The Employer will update the seniority listing every year thereafter. A copy will be forwarded to the Union. A hiring and termination report of Bargaining Unit employees will be provided to the Union Business Manager’s office at the time an employee is hired or terminated.

ARTICLE XII: PROMOTIONS AND TRANSFERS

12.1. It is recognized by both parties that vacancies will occur from time to time. Before new employees are hired to fill new or existing positions, the Employer shall transfer or promote from within the bargaining unit if employees having the required qualifications to perform the work are available. Such will be accomplished through job posting. When a vacancy occurs, the job will be posted on all bulletin boards accessible to the employees.

Job bidding shall be in effect for seven (7) workdays from the date of the posting. Should a posting be delayed being delivered to all reporting areas, the seven (7) workday job bidding will be extended by the number of days it was delayed. The Employer will be responsible to date the announcement on the day of posting. The posting will specify the position, wage rate, required qualifications, location assignment, shift, and date available.

Employees interested in applying for the position must sign a bid notice as provided by the Employer and submit it to their respective supervisor within seven (7) workdays from the date of the posting. A copy of the posting shall be provided to all Union Stewards and a copy forwarded to the IBEW Business Managers Office at the same time as the posting.

In addition, a job status report shall be provided to the Stewards and forwarded to the Business Manager’s office along with each job action.

Jobs will remain posted until filled or cancelled.

12.2. Unsuccessful bidders and the Business Manager’s office will be notified of the reason they were not awarded the job within five (5) working days of the award of the job.

The Employer will consider all eligible employees who have signed a bid form.

12.3. Any employee who is promoted shall be required to stay on the bid job for a period of six (6) months and during this time, any bid he places upon another job shall be given consideration by the Employer only after all other bidders have been rejected.

12.4. If a job is not filled by utilizing the job bidding procedure provided in this Article, nothing herein shall prohibit the employer from filling an opening from any source, including hiring from the outside, provided the same qualification requirements are met or are exceeded by the new hire. Nothing contained in this Agreement shall require the Employer to fill any opening at all. In the event the Employer posts a job for bid but thereafter determines that it does not wish to fill the job, a notice will be placed on appropriate bulletin boards indicating same.

12.5. For bidding that represents a promotion or lateral transfer, the most senior person will be selected provided the employee possesses the required qualifications.

12.6. Lead Positions

a) It is the role of management to select employees to lead positions.

b) Lead persons shall be qualified to perform any of the duties for which they are responsible for in their own craft, in order that they may train any employee coming into their section/department and direct employees in their assignment of work, as instructed by their supervisors.

c) Lead persons are not empowered to hire, fire, suspend or discipline, or recommend discipline for any employee. Lead persons are simply to carry out instructions as directed by their supervisors and report any problems they incur. In the absence of the Supervisor, the Lead person will be responsible for directing the day to day operations, the work of the employees; keeping records of service calls; and coordination of subcontractor work.

d) Lead persons assigned to a specific function within a department shall be paid in accordance with the scheduled wage rate.

12.7. Salary rates for new or revised occupational classifications: In the event, the Employer establishes a new or revised occupational classification in the bargaining unit;

the salary rate applicable shall be determined by negotiation between the Employer and the Union. Operations shall not be delayed through failure to immediately agree upon salary rate applicable to any such occupational classification. In such cases, pending the results of negotiations, the Employer will establish the new or revised occupational classification and the Employer-proposed salary rate applicable thereto and shall place such occupational classification and such salary rate into effect. Negotiated rates finally established which are higher than the Employer proposed rate will be paid retroactive to the date of the start of the occupational classification.

If negotiations fail to produce an agreed upon wage rate, the dispute may be submitted to arbitration under provisions of Step 4 of the Grievance and Arbitration procedure provided herein in Article XIV. Any agreement on a new wage rate for such classification, or the arbitrator's decision on such rate, will be effective as of the date the employee began performing work in the new classification.

The Employer agrees that all occupational classifications established shall be in accordance with the Employer's Agreement with the GSA, the Department of Labor, and the Service Contract Act Directory of Occupations (latest revision). In the event of any conflict, the Employer's Agreement with the GSA will control. The Parties agree that in all occupations, the major duties and task performed by an employee shall determine the Job Title. It is further agreed by the Parties that there will be no artificial sub-dividing, or splitting of occupational classifications, to purposely arrive at a lower rate of pay.

12.8. Each newly hired, promoted, or employee transferred from an out of town site, holds a job on a probationary basis. They are subject to a 90-day evaluation period to evaluate skills, capabilities, and suitability for the particular position.

ARTICLE XIII: LAYOFF AND RECALL

13.1. The Union recognizes the right of management to layoff or to reduce the hours of work for legitimate business necessities. The Employer will make notification to the Union of layoffs in written form two weeks prior to the effective date of the layoff unless such layoffs are directed by the customer without prior notice or on such short notice as to make two weeks' notice infeasible. The notification will specify the classifications, which will be affected by such action. Such notification will likewise be presented to the affected employee.

13.2. When a layoff or reduction in hours occurs, the following general rules shall apply:

a) Lay off or reduction in hours shall be by classification affected by the layoff.

b) Employees within the layoff classification shall be laid off the least senior employee being laid off first; provided the more senior employee in the same classification possesses the necessary qualification and ability to perform the work.

13.3. Employees affected by a layoff under the foregoing may exercise seniority rights as follows:

a) Displace the least senior employee in a lower or lateral classification provided they maintain a greater seniority and are qualified to perform the work of the employee being displaced.

b) Employees exercising seniority rights must notify the employer in writing of their intention to exercise their seniority rights within five (5) calendar days of the notification to the employee.

No employee will have the right to displace an employee in a higher rated classification than they are assigned at the time of the layoff, unless such employee had previously held such position.

13.4. Employees shall be recalled to work from layoff in reverse order of layoff provided that in each case the employee, possess the required qualifications to perform the available work without training or break-in.

13.5. Recall of employees from layoff shall be conducted in the following manner:

a) Notice of recall shall be mailed to the laid-off employee and the Union by certified mail, return receipt requested, sent to the last address provided the Employer by the employee;

b) The notified employee shall advise the Employer and the Union within five (5) working days of receipt of the notice of his desire to return to work, and shall report to work within ten (10) working days of receipt of the notice;

c) The failure of a recalled employee to take either step required in Paragraph B above shall result in termination of seniority and the employment relationship provided such recall is for same classification the employee held at time of lay-off.

13.6. Any dispute over the application of this Article will be subject to the Grievance and Arbitration Procedures.

ARTICLE XIV: GRIEVANCE AND ARBITRATION PROCEDURES

14.1. The Union and Company's goal is to maintain a harmonious working environment.

The importance of achieving this goal cannot be overemphasized. While it is true we cannot control many of the external factors, which affect the employer-employee relationship, there are significant internal factors over which we do have control. Preservation of employment stability depends on open communication. We strive to use common sense and good judgment, treat employees fairly, and act with discretion. Employees help to ensure that we enjoy sound relations by quickly alerting us to potential problems.

Employees have the freedom of sharing their job concerns, seeking information, providing input, and resolving problems/issues through their immediate supervisor or manager. It is the employee's responsibility to report any and all infractions of our policies. Employees are expected to alert management to any actions affecting our Company's reputation and/or activities that are in conflict with the interests of the Company or with the interests of its customers. Additionally, employees are encouraged to report any suspected discrimination, including, but not limited to, on the basis of race, color, religion, sex, national origin, age, marital status, citizenship status, disability or veteran status.

14.2. Managers and supervisors are required not only to listen to employee concerns and encourage input, but also to sincerely seek solutions to any and all job-related problems/issues. The employee initiates the procedure by contacting their immediate supervisor or manager, who will attempt to resolve a question or problem within five (5) working days of the time it is brought to his/her attention.

a) For purpose of this Agreement, the term grievance means any dispute between an employee and the Employer or between the Union and the Employer as to the application or interpretation of the terms of this Agreement. An employee who desires to use the grievance procedures must be represented by the Union.

b) Any grievance not presented to the Supervisor within five (5) working days following the date the Employee could have reasonably expected to be aware of the incident giving rise to their grievance shall be deemed waived.

14.3. Should a grievance not be resolved in discussions between the aggrieved employee and his immediate supervisor within five (5) working days, the grievance shall be reduced to writing by the Union.

Formal adjustment of grievances properly reduced to writing will be attempted utilizing the following steps: (Union and Management Representatives must initial and date grievances during each step when provided/received.)

STEP ONE: Within five (5) working days of the day when the occurrence giving rise to the grievance first comes to the attention of the aggrieved employee (or should have come to his attention through exercise of reasonable diligence), the written grievance will be presented to the Project Manager by the Union. Failure to timely present a grievance will result in the grievance being deemed resolved in the Employer's favor.

STEP TWO: Within five (5) working days after receipt of the written grievance, the Project Manager will conduct a meeting with the grievant and appropriate Union Representative and such other persons as the parties deems necessary for the purpose of discussing the grievance. Within five (5) working days from the date of this meeting, the Project Manager will present the Union with a written response either denying or granting the grievance.

Failure to timely present a written response to a grievance will result in the grievance being deemed resolved in the Union's favor.

STEP THREE: Within ten (10) working days of receipt of the Project Managers written response, the Union, if it wishes to pursue a grievance which has been denied, may request a conference call with the Human Resource Manager to discuss the grievance further. This request must be in writing and must set forth the specific reason the Project Managers response did not resolve the grievance. The failure to submit a timely written request will result in the grievance being deemed resolved in the Employer’s favor.

Within ten (10) working days from the day of the meeting/conference call, the Human Resource Manager will present the Union with a written response either granting or denying the grievance. Failure to timely present a written response will result in the grievance being deemed resolved in the Union's favor. All concerned will exercise reasonable efforts to conduct the meeting/conference call within five days (5) of the request.

STEP FOUR: If the Step Three response fails to produce a satisfactory resolution of the grievance, the Union may, within thirty-one (31) calendar days of the response notify the Employer of its intention to refer the matter to arbitration. This notification must be in writing. The failure of the Union to timely indicate its intention to refer the matter to arbitration shall result in the grievance being deemed resolved in the Employer’s favor. If properly notified by the Union of its intention to refer the matter to arbitration, the Employer and Union shall request from the Federal Mediation and Conciliation Service a panel of seven (7) arbitrators. The Employer or Union may reject the entire panel of arbitrators.

In such case, a joint request will be made to the FMCS for another panel. The parties shall alternately strike a name from the appropriate panel until only one remains and that person shall be notified by the Employer and the Union that he/she has been designated as the arbitrator. The parties shall endeavor to select an Arbitrator in the described manner within ten (10) working days of the common date of receipt/possession of the appropriate panel.

14.4. The authority of the Arbitrator shall be limited to determining questions involving the interpretation or application of the provisions of the Agreement, including the intent of the parties regarding same. No other matter shall be subject to arbitration. No arbitrator shall have the authority to add to, take from, nullify or modify any terms of this Agreement and insofar as the award of the arbitrator is consistent with this principle such award shall be final and binding on the parties. The award of the arbitrator shall be in writing and shall be rendered within 30 days of the hearing unless both parties agree to an extension.

14.5. Each party shall be responsible for one-half of the expenses and fees of the arbitrator selected under this Article. Each party shall be responsible for one-half of any expenses incurred in acquiring a room or facility used in arbitration hearings. Each party shall bear the responsibility for the expenses of preparing and presenting its own case.

14.6. Any time limit contained in the grievance procedure herein above (e.g., related to the filing of a grievance, the holding of a meeting, or the filing of a response) may be extended by the parties through mutual agreement.

14.7. The investigation and reduction to writing of grievances shall be engaged in by both employees and Union Stewards during working time. The presentation of a grievance referenced in Step One of the Grievance Procedure and the meetings referenced in Grievance Steps Two and Three will occur during regular working hours at no loss of straight time pay to the participants.

14.8. The Employer will allow Union Stewards sufficient time for investigation and reduction to writing of grievances. Prior to leaving his assigned work area the Union steward/employee will notify his immediate supervisor.

There will be no retaliatory measures taken against any employee who makes a complaint of, or gives information concerning any job-related issue or problem. Each reported incident will be investigated, and appropriate action will be taken.

ARTICLE XV: DISCIPLINE AND DISCHARGE

15.1.A. The employer shall have the right to establish, maintain and enforce Work Rules and Disciplinary Procedures, and other regulations to assure order and safe Company operations, it being understood and agreed that such Work Rules and Disciplinary Procedures shall not be inconsistent or in conflict with any specific provision of this agreement.

Before the employer implements a new work rule or policy that impacts the bargaining unit, it will post the work rule and provide the Union ten (10) days’ notice prior to implementation. The Company will make itself available to discuss with the Union the implementation of the work rule policy. This time period will not apply if the Federal government mandates an earlier implementation.

15.1.B. The parties agree that the objective of discipline is to correct and improve Employee behavior so as to promote efficiency in the workplace. The Parties further agree to the use of “Progressive Discipline”, and that disciplinary actions shall only be taken for just cause. The Parties further agree that for discipline to be effective it must be timely. In order to be considered timely, the Employer shall notify and disclose in writing, any proposed written letters for Disciplinary Actions within ten (10) working days of the proposed infraction, offense or incident given cause for such actions

15.1.C. During any investigatory interview of an employee related to a breach of work rules, an employee will be permitted the opportunity to have the Union Steward assigned to his area (or an available alternate) present if, as a result of such interview, it is possible that the interviewed employee might receive discipline. Also, an employee will be entitled to such representation during a meeting in which discipline is to be administered to him.

15.2. The Business Manager’s Office (966 Liberty Street Jacksonville FL 32206) and the appropriate Steward shall be sent a written notice of any disciplinary action or measure imposed upon an employee at the time such action is taken. The employee will receive a copy of the disciplinary action at the time discipline is imposed.

Copies of all documents which were relied upon to support the reasons for any of the above actions shall be provided to the Employee or their Representative upon request.

The details, applicable regulations and severity of apparently similar situations often differ and as such so will the penalty.

The following is a list, though not all inclusive, of examples where no warning notices need to be given to an employee before he/she is discharged or suspended:

1. Calling an unauthorized strike or walkout;

2. Being under the influence of alcohol or drugs during working hours;

3. Proven theft or dishonesty;

4. Willful destruction of Employer property;

5. Deliberate refusal of an employee to do a job assignment, which does not place the employee in danger of physical harm;

6. Gross negligence;

7. Government requesting that Employee be taken off project;

8. Fighting;

9. Any refusal to submit to drug and/or alcohol testing will be grounds for immediate termination;

10. Failure to achieve customer required security clearance(s), credentials, and other mandatory program requirements, (GSA Email and NCMMS access).

15.3 In cases where progressive discipline is appropriate the following steps will apply:

1. A Verbal Warning may be given for initial violations. The manager meets with the employee to issue the Verbal Warning and explains the reason for the Warning.

The manager then notes that further disciplinary procedures up to and including termination can result if violations continue to occur. A memorandum is prepared for retention in the employee's Personnel File and a copy forwarded to the Local Union Business Manager’s Office.

2. A Written Reprimand may be given for any subsequent violation(s) preceded by a Verbal Warning. The manager meets with the employee and explains the reason for the Written Reprimand. The manager and employee will then clarify that, if any further violations occur, disciplinary action up to and including termination can result.

The employee may request a copy of the Written Reprimand and the original is retained in the Personnel File, with a copy forwarded to the Local Union Business Manager’s Office.

3. 90-Day Probation may be given as a third measure. A 90-Day Probation occurs when management weighs the seriousness of the employee's violation(s) and deems the Probation a necessary part of the employee's progressive disciplinary process.

While under a 90-Day Probation, the employee continues to work and is authorized to receive their full pay and benefits for work performed. Recurrence of any like offense, during the actual period of Probation, will result in immediate termination. If the employee has 3 or more concurrent 90-day Probations, the employer has the option to terminate.

A copy of the notification of assignment to any probation period will be forwarded to the Local Union Business Manager’s Office.

4. Termination: Except as provided above, termination may occur for a violation, for continued violations after Written Reprimands have been given and the employee continues to fail to show the required improvement in their performance. Termination requires just cause. The employee receives the letter of termination from the Company, a copy of the letter is retained in the employee's Personnel File and a copy is forwarded to the Local Union Business Manager’s Office.

The Employer will only consider prior infractions/written reprimands that occurred during the previous one (1) year. Prior probations will only be considered for eighteen (18) months. Katmai’s records remain on file for seven (7) years. Copies of all materials relied upon to support the reasons for any of the above actions shall be provided to the Employee or their Representative upon request.

15.4 Drug and Alcohol Testing: The Company and the Union agree to work toward the goal of establishing a work force that is free of drug abuse and alcohol abuse. Both are committed to foster safety, productivity, and compliance with the Drug-Free Workplace Act of 1988 and applicable Federal and State laws, statutes and regulations. Accordingly, it is agreed that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, or being under the influence of any such controlled substance, is strictly prohibited.

Katmai may require any employee to undergo urinalysis or other drug or alcohol screening in any of the following circumstances: Pre-Employment Drug Screening;

whenever Katmai suspects or has reason to believe that an employee's work performance or on-the-job behavior may have been affected in any way by drugs or alcohol; When an employee is involved in, causes or contributes to a workplace or other on the-job accident or potential accident in which personal injuries or property damage occur or the potential for personal injury or property damage existed, even if the employee does not exhibit observable symptoms of being under the influence; when required by its contracts with its customers; at random, periodically and at unannounced times; and/or As part of a blanket test of all or any portion of Katmai's employees. When the employee is notified of being selected for drug testing, they will be offered union representation by a steward prior to and during the actual sample gathering process. The Company will make every reasonable effort to safeguard the privacy of the employee. All testing will be performed by a federally approved testing laboratory. Employees may also be sampled for alcohol and drug use upon reasonable suspicion, random testing and work-related accidents or injuries.

ARTICLE XVI: HOURS OF WORK

16.1. The sole purpose of this Article is to provide a basis for the computation of time, overtime and other premium wages, and nothing contained in the Agreement shall be construed as a guarantee or a commitment by the employer to any employee of a minimum or maximum number of hours of work per day, per week, or per year. The employer retains the right to schedule more or less hours of work that are normally scheduled in the standard workday or workweek that is necessary to provide the services required under the Employer’s contract with the Government. Such will not be used for the purpose of avoiding the provisions defined in Paragraph 16.6.

Eight (8) hours between 6:00 am and 6:00 pm shall constitute a regularly scheduled work shift. However, should the Government directly, or indirectly through modified work requirements, require the Employer to start a shift outside the commencement periods identified above, the parties recognize that the Employer will have to comply. Forty (40) hours shall constitute a regular work week. The hours worked per day and the days per week shall be consecutive. The workweek shall consist of seven (7) days beginning at 0000 hours on Sunday and ending at 2400 hours the following Saturday. Employer shall have the right to institute the use of timecards and a time clock for employees punching in and out for shift, lunch and rest periods.

It is understood that the Employer has reserved the right to establish regular shifts of other than eight (8) hours per day. In the event, the Employer desires to exercise this right, it shall notify the Union of its decision to do so at least ten (10) working days in advance of implementation. The union may thereafter request negotiations with the Employer within five (5) working days of receiving such notification. Such negotiations shall only be for the purpose of making modifications of the language of this Agreement necessary to accommodate the new shift hours. It is understood that nothing herein shall prohibit the Employer from requiring employees to work the new shift pending the conclusion of such negotiations. However, accommodations agreed to affecting the new shift will be retroactive to the start date of the new shift.

16.2. A workday is a period of twenty-four (24) consecutive hours at 0000 and ending 2400.

16.3. There shall be one (1) specified unpaid meal period of one (1) hour normally to be taken in the time frame of 10:00 am and 1:00 pm each workday. However, the Employer will have the sole right to schedule the time when the meal period should be taken within this time frame, unless a work demand or emergency arises, and then it will be up to the Supervisor to schedule the time for the meal period.

Employees shall be allowed to take two (2) fifteen (15) minute paid rest periods during the course of their shift, one in the morning and the other in the afternoon. The timing for these rest periods will be solely up to the discretion of the Supervisor. Employees shall be allowed to take their rest periods in the geographical work area that will provide them an opportunity to use restroom facilities and to obtain refreshments.

16.4. All work performed over forty (40) working hours in a workweek shall be paid for at one and one-half times the straight time rate of pay All work performed on Holidays (as described in this agreement) or days celebrated as such shall be paid for at one and one-half times the straight time rate of pay, in addition to receiving the agreed upon holiday pay for that day.

In addition to actual hours worked, all hours accumulated in the status of vacation, Paid Time Off (PTO), Holidays, Jury-Duty, Bereavement Leave shall be counted and used in the computation of overtime hours, except in the case when a holiday is worked. When a holiday is worked, total hours counted for the purpose of over forty (40) hours overtime calculation shall be based only on the hours actually worked during the work week. It is the Employer’s discretion to approve the use of vacation and PTO.

16.5. Employees who are called-in or report for overtime outside of their normal scheduled working hours shall receive a minimum of four (4) hours pay at the applicable base rate or pay for all hours actually worked at the applicable rate, whichever is greater.

Employees will perform such emergency duties as the company assigns.

16.6. Employees who report for overtime outside of the scheduled working hours that is scheduled more than 24 hours in advance shall receive a minimum of two (2) hours at the applicable base rate or pay for all hours actually worked at the applicable rate, whichever is greater.

ARTICLE XVII: VACATION

17.1. The Employer will grant vacation to full time Service Contract Employees as provided below. New employees will be credited 40 hours of vacation upon the first 6 months of service; they will receive another 40 upon their first year of service. After which, vacation will be credited annually on the employee’s anniversary date. Anniversary date for purposes of this section is the employee’s date of hire with the Employer or a predecessor contractor at these facilities. Accrual is credited as shown:

• Six months of service = 40 hrs. vacation

• One year of service = 40 hours vacation

• Two to Five years of service = 80 hrs. vacation

• Five to Ten years of Service = 120 hrs. vacation

• Ten and Greater years of Service = 160 hrs. vacation

17.2. Vacation hours must be used in the twelve (12) months following credit date. There will be no carryover of vacation hours into the next year and there will be no buy back of unused vacation. It is recognized that unusual circumstances may arise that mandate the Employer to cancel or disallow usage of vacation due to urgent business necessities.

If such occurs and results in an employee having a vacation balance at the end of the anniversary year, vacation may be carried over.

17.3. Vacation request will be on a first come first served basis. When conflicts in scheduling vacation arise between employee requests the requests of the senior employees will be honored first. A vacation request for twenty-four (24) hours or more must be timely submitted by an employee, it must be submitted in writing to his immediate Supervisor at least fifteen (15) workdays in advance of the scheduled Vacation start day.

Approval / Disapproval of vacation requested under these provisions will be communicated to the employee within three (3) workdays after receipt of the employee’s request form.

It is agreed that unusual circumstances may arise when employees may have a need to use a portion of their earned vacation time due to unexpected or urgent necessities.

Employees may use their vacation time for the purpose and are required to request such leave as far in advance as possible. The balance of vacation time will be available through Corporate HR.

17.4 An employee whose employment is terminated shall be paid for the unused portion of vacation.

17.5 Leave without pay may be granted by the Employer in the employer's sole discretion. A maximum of five (5) days of unpaid leave will be granted per calendar year.

Days of leave without pay beyond 5 days may be subject to disciplinary action.

ARTICLE XVIII: HOLIDAYS

18.1. The following days shall be recognized as holidays each year for all employees:

- Veteran's Day

- Columbus Day

- Thanksgiving Day

- Christmas Day

- New Year's Day

- Martin Luther King's Birthday

- President's Day

- Memorial Day

- Independence Day

- Labor Day

- Presidentially Proclaimed Holidays

- Effective January 1,…