COLLECTIVE BARGAINING AGREEMENT

BY AND BETWEEN

SDH Services East LLC. at Chevron - Facilities Management

AND

INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 564, AFL-CIO

July 27, 2020 - February 28, 2021

Table of Contents

Index……………………………………………………… i Articles of Agreement……………………………………. 1 Intent and Purpose………………………………………... 1 Article I – Recognition…………………………………… 1 Article II – Construction………………………………….. 2 Article III Management Rights………………………….... 2 Article IV – Check-off……………………………………. 3 Article V – Employee Rights……………………………... 3 Article VI – Union Rights………………………………… 4 Article VII – Orientation Period………………………….. 4 Article VIII – Job Classifications…………………………. 5 Article IX – Seniority……………………………………... 5 Article X – Non-Discrimination…………………………... 7 Article XI – Notifications of Job Openings………………... 7 Article XII – Allowances…………………………………... 7 Article XIII – Call in Pay…………………………………... 7 Article XIV – Safety………………………………………. 7 Article XV – Leave of Absence…………………………... 7 Article XVI – Grievance and Arbitration Procedure………. 8 Article XVII – No Strike / No Lockout……………………. 9 Article XVIII – Discharge and Discipline…………………. 10 Article XIX – Drug and Alcohol Use……………………. 11 Article XX – Wages………………………………………. 13 Article XXI – Hours of Work……………………………… 13 Article XXII – Funeral Leave……………………………… 14 Article XXIII – Jury Duty………………………………….. 14 Article XXIV – Holidays…………………………………... 15 Article XXV – Vacation…………………………………... 16 Article XXVI – Personal/Sick Leave………………………. 16 Article XXVII – Election Day...... ………………… 17 Article XXVIII – Time Off for Union Business…………… 17 Article XXIX – Group Insurance Benefits………………… 17 Article XXX – Training…………………………………... 17 Article XXXI – Pension….……………………………….. 17 Article XXXII – Change of Management………………… 18 Article XXXIII – Mutual Agreements...... ……… 18 Article XXXIV – Savings Clause / Entire Agreement…… 18 Article XXXV – Term of Agreement……………………… 19

Appendix A – Hourly Wage Rates………………………… 20 ARTICLES OF AGREEMENT

This Agreement is made and entered into by and between SDH Services East, LLC. (hereinafter referred to as the "EmployerEmployer") and INTERNATIONAL UNION OF OPERATING ENGINEERS, Local 564, AFL-CIO (hereinafter referred to as the "Union"). The Employer and the Union agree to be bound by the following contractual provisions.

INTENT AND PURPOSE

The purposes of this Agreement are to set forth certain standards governing wages, hours, working conditions for the employees in the unit for which the Union has been certified as collective bargaining representative; to set forth obligations of the parties; to prevent strikes, lockouts or other cessations of work; and to promote a friendly, cooperative and harmonious relationship between the EmployerEmployer and the Union.

It is the intent and purpose of the parties hereto that this Agreement shall promote and improve the industrial and economic relationship between the Employer and its employees and that this Agreement shall set forth the hours of work, rates of pay, conditions of employment, and all other contractual responsibilities and obligations of the Employer in regard to the employees and the Union.

ARTICLE I - RECOGNITION

Section 1. The Employer recognizes the Union as the sole and exclusive collective bargaining representative for all operators, engineers, utility employees, and painters employed by the Employer at 1500 Louisiana Street, , and , Houston, , but excluding all other employees, including office clerical employees, guards, watchmen, and supervisors, as defined in the National Labor Relations Act.

Section 2. This Agreement relates only to the existing operations of the Employer at the locations set forth above. This Agreement does not apply to any other locations or operations of the Employer. Should the Employer obtain the operating rights, by any means, including purchase, of any other Employer or branch of any other Employer in whole or in part, such companies or parts of companies or portions of such acquired rights shall not be subject to this Agreement.

Section 3. The Union recognizes that in consideration of commitments made by the Employer, there is an obligation upon every employee to give honest, efficient and economical service in the performance of his or her duties.

Section 4. Nothing herein shall be construed as an exclusive grant of work to employees represented by the Union. The Employer shall continue to have the right to assign other employees to perform some or all of the duties of the employees in the bargaining unit. Supervisors shall continue to have the right to perform any of the duties of the employees in the bargaining unit.

SectionS. The Employer retains the right to subcontract work performed by employees in the bargaining unit on a temporary basis. The Union recognizes that the Employer's customer has the right to remove work from the Employer, or to add work, and agrees that neither practice shall be a violation of this agreement.

ARTICLE II - CONSTRUCTION

Section 1. In this Agreement, except where the context otherwise requires, words in the singular number include the plural and words in the plural include the singular.

Section 2. In this Agreement, except where the context otherwise requires or where a bona fide occupational qualification or requirement exists, words of the masculine gender include the feminine and the neuter and, when the sense so indicates, words of the neuter gender may refer to any gender.

ARTICLE III - MANAGEMENT RIGHTS

The Union acknowledges that all rights and prerogatives of management are retained exclusively by the Employer, without limitation, except as specifically modified by the express terms of this Agreement, including, but not limited to: the right to maintain order, discipline and efficiency; the right to make, initiate, alter and enforce employee rules, regulations, policies and practices; the right to discipline and discharge employees; the right to select, hire, train, direct and control the working force and employees; the right to transfer, assign, promote, demote, classify, reclassify, layoff, recall, replace, suspend, and retire employees; the right to introduce new and eliminate or change existing product equipment, machinery, or services; the right to subcontract; the right to make changes in job assignments; the right to detennine in good faith the existence of facts which are the basis of any and all management decisions; the right to plan, direct and control operations; the right to select and retain employees for positions excluded from the bargaining unit; the right to detennine prices and rates of production; the right to change reporting practices and procedures; the right to determine the location and extent of its operations and their commencement, expansion, curtailment or discontinuance in whole or in part, including but not limited to, the right to drop or add service, to sell, merge, consolidate, or lease the business, or any part thereof, free of the liabilities of this contract; the right to control productivity; the right to determine the standards, methods, and means of production, the right to determine the job content and requirements of any job or classification; the right to determine the number and qualifications of employees needed by the Employer at any time and the number of employees who shall operate on any given job shift, operation or unit of equipment; and the right to determine both the schedule and number of hours and shifts to be worked; the right to maintain or establish standards of quality and quantity to be maintained, including the establishment of production standards and quotas; and the right to determine the disposition of materials and supplies; and the right to require overtime of employees.

The above enumeration of rights is by way of example and is not a limitation on the Employer's right to manage the enterprise and its business without interference, which rights are solely and exclusively the rights of the Employer, and the continuance or discontinuance of any past practice or benefit not enumerated in this Agreement is vested solely in the discretion of the Employer.

ARTICLE IV - CHECK-OFF

Section 1. For the convenience of the Union and those employees who may now be, or who may hereafter become, Union members, the Employer agrees to deduct from each such employee's pay the regular monthly Union dues and remit same to the Union in one lump sum by the 20th day of the calendar month following the month in which these deductions are made. Section 2. The Union agrees to procure new check-off authorizations from those employees covered hereby who may desire the Employer to deduct such monthly Union dues from their paychecks.

Section 3. The Union agrees to hold the Employer harmless and to pay any and all Employer attorneys' fees, court costs and any judgments which may be procured against the Employer by reason of any controversy over the check-off of regular monthly Union dues.

ARTICLE V - EMPLOYEE RIGHTS

Section 1. Each employee covered by this Agreement shall have the right to individually decide to join or to refuse to join the Union or to continue to or refiise to remain a member thereof.

Section 2. No employee's employment, continued employment, wages or other terms or conditions of employment shall be determined by, or be conditioned upon, either his non- membership or membership in the Union.

ARTICLE VI - UNION RIGHTS

Section 1. The Employer agrees that the Union shall have the right to designate one (1) steward from the Employer's seniority list. The steward shall be a responsible official of the Union and shall be designated in writing to the Employer by the Union, The steward may designate in writing to the Employer an alternate to act in his absence for vacation, illness, etc. The Union shall notify the Employer in writing when an employee is no longer a steward or alternate of the Union. Pending the Employer's receipt of such written notification, the Employer may continue to recognize and deal with such steward or alternate as a representative of the Union. The steward or alternate shall be allowed reasonable time during normal working hours to perform his duties, or on their own time before or after work, Any abuse of this privilege by the Steward or Alternate will be referred to the Union Representative by the Employer.

Section 2. At mutually agreed convenient times, a duly authorized representative of the Union shall be admitted to the worksite of the employees covered by this agreement, for the purpose of inspecting conditions related to written grievances and for such other purposes as the Union is entitled to access under the law. Such visit shall not be permitted to interfere with, hamper, or obstruct normal operations. Except by prior agreement, no employee shall cease work during any visit. In no case shall the Employer be liable for any time lost by employees during such visit. The Union shall not conduct meetings on Employer property, without prior approval from the Employer. The Employer shall receive notice of a desire for a visit at least three (3) business days in advance and upon the Employer's request, the Union representative shall state the purpose and nature of his visit. He may be accompanied by a representative of the Employer if it so desires, on any visit onto the premises.

Section3. The Union may utilize a designated portion of a Employer bulletin board to post notices as follows:

(a) Notices of Union charitable, recreational and social affairs. (b) Notices of Union elections, appointments, and results of Union elections. (c) Notices of Union Meetings. (d) Such other notices as are mutually agreed upon.

All notices posted by the Union are the responsibility of the Union and each notice will be signed by the official responsible for its posting. All postings will bear a down date and the prompt removal of the notices after the date will be the responsibility of the individual who posted the notice.

ARTICLE VII - ORIENTATION PERIOD

Section 1. Any person newly employed shall be so employed on a trial basis, during which time he may be discharged by the Employer without further recourse, and neither he nor the Union shall have the right to use the grievance procedure provided herein until such time that the employee completes his orientation period. The normal orientation period shall be three (3) months.

Section 2. The Employer shall furnish the Union a list of newly hired employees, semiannually, or when requested in writing by the Union.

ARTICLE VIII - JOB CLASSIFICATIONS

Section 1. The following job classifications are set forth in Appendix A.

CLASSIFICATION Assistance Chief Operating Engineer Shift Lead Operating Engineer Operating Engineer

Assistance Chief Building Engineer Shift Lead Building Engineer Building Engineer

Maintenance Tech

Nothing in this agreement should be construed as a requirement that the Employer continue to employ persons in all of the classifications and employees in any classification may temporarily perform any work directed by the Employer.

ARTICLE IX – SENIORITY

Section 1. Seniority shall be defined as the length of an employee's most recent, uninterrupted service working at the properties covered by this collective bargaining agreement.

Section 2. A list of employees arranged in the order of their seniority shall be posted in a conspicuous place. A new seniority list shall be posted each year with a copy to the Union. Any protest of the seniority list must be made in writing, with a copy to the Employer and the Union, within twenty (20) days from the date of posting of the seniority list. In the event no protest is made, the seniority list, as posted, shall be considered correct and final.

All employees shall be on a ninety (90) calendar day probationary period. The probationary period may be extended one time for thirty (30) days upon written notification to the Union. During the probationary period, no employee shall obtain seniority. However, upon completion of the probationary period, an employee's seniority shall date from his most recent date of hire at that location. The Employer has the right to terminate any probationary employee. Probationary employees discharged during their probationary period shall have no recourse to the grievance procedure. Section 3. Controversies regarding seniority shall be settled by the Employer and the Union. Failing a settlement by these parties, the controversy may be processed under the grievance procedures set out in this Agreement.

Section 4. The Employer recognizes seniority in its vacation policy as set forth in this Agreement. Promotions and all of the terms and conditions of employment shall be govemed by (1) ability, (2) dependability, (3) attendance, (4) experience and (5) seniority. If, in the opinion of the Employer, the first four (4) factors are equal, then seniority shall govern. If, in the opinion of the Employer, none of the applicants for any vacated position are qualified, the Employer may fill the vacancy without regard to seniority. Seniority by classification shall govern in layoffs and rehirings.

Section 5. Seniority shall be terminated when an employee:

(1) Quits for any reason; (2) Is validly discharged; (3) Fails to report to work promptly after layoff (the day following receipt of a telephone call or three (3) days after the Employer mails notice to report to work, whichever is shorter). It shall be the responsibility of the employee to keep the Employer supplied with his current address; (4) Is absent because of layoff for a period of six (6) months; (5) Overstays a leave of absence or vacation without notifying the Employer; (6) If, after an incapacitating injury or illness, fails to return to work as soon as released for work by his doctors; (7) Has been absent due to illness or injury for a period of twelve (12) consecutive weeks, unless an extension is granted by the Employer in writing. (8) Absence of two (2) consecutive days without notifying the Employer and providing a reason satisfactory to the Employer; (9) Giving the Employer a false reason for a leave of absence; (10) Engaging in unauthorized gainful employment while on a leave of absence or while off work because of illness or injury; (11) Entrance into an agreement for total and permanent disability; and (12) Retirement.

The Employer may require any employee who has been on leave of absence to undergo a

physical examination. Nothing contained herein shall preclude the Employer from maintaining its present practices relating to requirements imposed upon applicants for employment or newly hired employees who have not completed their introductory period as set forth in this Agreement.

Section 6. In the event an employee enters into the military service of the United States under the National Guard Act or the National Selective Service or Training Act, he shall upon honorable discharge from such service, be reinstated to his proper position on the seniority list in accordance with the law.

Section 7. When an employee is promoted to a supervisory position and returns to the bargaining unit, the employee's seniority will be frozen as of the date of leaving the bargaining unit. When the employee returns to the bargaining unit, the employee will have seniority based on his/her seniority when originally leaving the bargaining unit. An employee returning to the bargaining unit may return to any position that is open that said employee is qualified for.

ARTICLE X NON - DISCRIMINATION

Neither the Employer nor the Union will discriminate against any employee because of that employee's race, color, religion, sex, national origin, age or disability in violation of any law. Neither the Employer nor the Union will discriminate against any employee by reason of that employee's exercise of the rights provided in Section 7 of the National Labor Relations Act, as amended.

ARTICLE XI - NOTIFICATION OF JOB OPENINGS

The Union shall establish and maintain open and non-discriminatory employment lists for eligible applicants desiring employment for the work covered by this Agreement.

The Employer shall first contact the dispatching office of the Union for such applicants as he may from time to time need and the dispatch office shall furnish to the Employer the required number of qualified and competent applicants requested by the Employer strictly in accordance with the following procedure.

It shall be the responsibility of the Employer, when requesting applicants, to state the qualifications applicants are expected to possess.

The selection of registrants to be referred shall be on a non-discriminatory basis and, in accordance with applicable law, shall not be based upon, nor in any way affected by Union membership, by-laws, rules, regulations, constitutional provisions, nor any other aspect or obligation of Union membership, policies or requirements, nor upon any other status protected by applicable law.

The Dispatch office will notify the Employer if no qualified applicants for the job to be filled are available.

The Employer may procure applicants from other sources in the event the Union has exhausted its supply of applicants and five (5) days have elapsed since notice of the job opening to the Dispatch office, however, that the Employer need not wait five (5) days if the Union has notified the Employer that no qualified applicants are available.

In computing the five (5) day time limit referred to in this Article, Saturday and Sunday and recognized holidays shall be excluded.

Any Employer may instruct the dispatch office not to refer an applicant whose name appears on the Union referral list provided the Employer will confirm such instructions to the Union in writing.

The Employer shall notify the Union in a timely manner as to the applicant(s) hired.

Subject to the provisions of this Article, the Employer shall be the sole judge of an applicant’s competence and qualifications to perform the work of any job to be filled. The Employer may accept or reject any applicant for employment referred by the Union, provided that the Employer’s acceptance or rejection of an applicant shall be based solely upon the Employer’s judgment and determination as to the factors set forth in the preceding sentence.

In accordance with applicable laws, no applicant shall be rejected or discriminated against because of membership or non-membership in the Union, nor because of any other status protected by applicable law.

ARTICLE XII - ALLOWANCES

Section 1. The Employer shall continue to provide or, at its option, pay for parking.

Section 2. The Employer will provide any required uniform or safety equipment.

Section 3. The Employer will reimburse any employee requested to use his automobile in the Employer's business at the reimbursement rate permitted by the Internal Revenue Service.

ARTICLE XIII - CALL IN PAY

Section 1. An employee called back to work shall receive a minimum of four (4) hours pay for travel time (to and from the work site) and all hours worked at the prevailing rate of pay.

Section 2. An employee scheduled to report early shall receive a minimum of two (2) hours at the prevailing rate of pay prior to their normal shift.

ARTICLE XIV - SAFETY

It shall be the policy of the Employer to make every reasonable effort to provide safe working conditions and to provide safe working practices. Employees shall comply with all Employer and client safety rules and practices.

ARTICLE XV - LEAVE OF ABSENCE

Section 1. Regular full-time employees shall be granted a leave of absence for military duty to the full extent required by law. The Employer may, in its discretion, grant unpaid leaves for other purposes.

Section 2. Except as required by law, employees do not become eligible for a leave of absence until they have been employed with the Employer for a minimum of one (1) year. All vacation time must be used before an employee will be granted a leave of absence.

ARTICLE XVI - GRIEVANCE AND ARBITRATION PROCEDURE

Section 1. Grievances and complaints that may arise will be handled as hereinafter set forth:

Section 2. A grievance is defined as a difference of opinion between the Company and the Union concerning the interpretation or application of any of the provisions of the Agreement.

Section 3. Although complaints shall be subject to discussion, only those concerning the interpretation or application of any of the provisions of the Agreement between the Company and the Union shall be subject to the grievance procedure.

Section 4. Step 1: An employee having such a grievance shall present it orally to his immediate supervisor within ten (10) calendar days after the date of the incident giving rise to the grievance; otherwise it shall be waived as a grievance. The supervisor shall give his answer orally within ten (10) calendar days after the Step 1 meeting.

If the grievance is not appealed to Step 11 within fifteen (15) days after receipt of the Step 1 answer, it shall be considered settled. If appealed to Step 11, it shall be reduced to writing on a grievance form signed by the employee and the steward who must indicate (a) a statement of the grievance and the facts upon which it is based, (b) the section or sections of the Agreement claimed to have been violated, and (c) the remedy or correction requested.

Section 5. Step II: Between the Steward and the Chief Engineer. The Chief Engineer shall give his answer in writing within fifteen (15) calendar after it is presented. A copy of said written answer shall be forwarded to the grievant involved, Steward and Business Representative of the Union. If the grievance is not appealed to Step Ill within fifteen (15) calendar after receipt of the Step II answer, it shall be considered settled.

Section 6. Step Ill: Between the Steward, Business Representative of the Union, Labor Relations Manager of the Company, or their designee, and such others as the Company may desire present. In addition, the grievant will be present should they desire. If on duty, the Company will arrange time to state his grievance. An answer shall be given in writing within fifteen (15) calendar days after it is presented.

Section 7. If no settlement is reached an appeal may be made in writing, within thirty (30) calendar days after receiving the step III answer, to Arbitration as established under this Agreement.

Section 8. The Company will provide the necessary facilities for grievance proceedings.

Section 9. The time limits set forth in the Grievance Procedure may be extended by mutual consent of the parties.

ARBITRATION

Section 1. Any grievance not adjusted in the normal manner or any dispute between the Company and the Union or any employee or employees involving the interpretation or application of this Agreement, shall be referred to arbitration as herein provided.

Section 2. When the Company or Union serves notice to the other that it desires to refer a grievance or dispute to arbitration, said party giving notice shall name an arbitrator and set forth what provision or provisions of the Agreement it feels has been violated.

Section 3. Upon receipt of a notice to arbitrate as provided above, the receiving party shall, within ten (10) calendar days, name an arbitrator.

Section 4. The Company and Union shall write the Federal Mediation and Conciliation Service requesting a list of five (5) possible arbitrators in accordance with the rules of the Service. After either party receives its list of possible arbitrators from the Federal Mediation and Conciliation Service, then within five (5) calendar days of such receipt the parties will confer for the purpose of jointly choosing an arbitrator from among those arbitrators on the list. The parties will choose an arbitrator by calling the fall of the tossing-up of a coin, such that the party who wins in the calling of the toss-up of the coins will first reject on arbitrator from the list and then the other party, in his tum, will reject one arbitrator from the list, and so on, until one arbitrator remains on the list, and they shall be the sole and impartial arbitrator to hear and decide the dispute.

Section 5. It is agreed that the impartial arbitrator shall have access to all records and information pertinent to the case being arbitrated. Witnesses and representatives who are employees of the Company shall be granted leaves of absence for a enough time to permit them to appear as such witnesses and representatives. Each of the parties hereto will assume the compensation and other expenses of witnesses or representatives called or summoned by them for the arbitration proceeding.

Section 6. The arbitrator selected shall have no power or authority to amend, alter, or modify this Agreement, including the appendices hereto, and shall have no authority to establish wage rates or to change existing wage rates except as provided elsewhere in this Agreement, but shall be limited to deciding whether or not a violation of this Agreement's express terms or of the Employer rules has been committed.

The arbitrator shall have no power to substitute his judgment for that of the Employer in cases

where the Employer has retained their right to act under this Agreement. In cases of discipline or discharge, the Arbitrator may reverse the action of the Employer or modify the penalty imposed only if it is established by clear and convincing evidence that the Employer's action was arbitrary or capricious. In no case shall imposition of a penalty provided in a written Employer rule be deemed arbitrary.

Section 7. No disputes which include claims for back pay shall be valid for any period prior to 30 days before the date the written grievance was first received by the Employer. The Arbitrator must deduct all interim earnings in making a monetary award for any claimed back wages, and the employee must demonstrate his good faith attempts to secure interim earnings.

Section 8. The fees and expenses of the Arbitrator shall be borne equally by the Employer and the Union and the decision of the Arbitrator shall be final and binding on both parties. Each party shall bear its own expense, including any witness expense, in presenting its case to the Arbitrator. The minutes of any arbitration case may be recorded by tape recorder or a qualified reporter if either party so requests. The party requesting that the minutes be recorded shall pay the cost of the recording of said reporter. If either party desires a copy of the minutes so recorded he shall purchase such at his own expense.

Section 9. The Agreement of the parties to arbitrate grievances not resolved in earlier steps applies only to grievances filed during the term of this Agreement, and the commitments of the parties to arbitrate shall expire with the expiration of this contract unless an extension is mutually agreed to in writing.

Section 10. The Arbitrator shall render his decision within thirty (30) days after the case has been completely submitted by both parties.

Section 11. Neither the Employer nor the Union shall be required to arbitrate more than one (1) grievance in any one arbitration, except by mutual agreement.

Section 12. No settlement of any grievance shall be deemed a precedent or admissible in any arbitration proceeding.

ARTICLE XVII - NO STRIKE/NO LOCKOUT

Section 1. During the term of this Agreement, the Union agrees that it will not permit, sanction, call, acquiesce or engage in, nor shall any employee engage in, any strike, sit-down, sympathy strike, work stoppage, or any other interference with or against the Employer, directly or indirectly, for any reason. During the term of this Agreement, the Union shall not establish a picket line against Employer for any reason, nor shall any employee refuse to cross or refuse to work behind any picket or strike line of any union or other organization, including the Union signatory to this Agreement, at any location of any Employer, including the employer signatory to this Agreement.

Section 2. The Employer agrees not to lock out employees covered hereby; provided, however, that discharges or reductions in force and/or layoffs shall not be considered to be lockouts within the meaning of this Article.

Section 3. The Union agrees that in the event of violation of any of the terms of Section 1 of this Article by any employee, the Employer may discharge or otherwise discipline any employee who takes part therein without prior warning, notwithstanding any other provision of this Agreement. The question of whether a person is engaged in conduct prohibited by this Article shall be sub ject to the grievance procedure. However, no arbitrator shall have the right to reduce the penalty or discipline imposed by the Employer if it is found that the employee or employees participated in such conduct.

Section 4. Should any employee or group of employees engage in any conduct in violation of Section 1 of this Article, the Union shall immediately, after being notified by the Employer of the beginning of such violation, give written notice to the Employer and the employee or employees that such conduct is in violation of this Agreement, and during the period of such violation shall use every power and means at its disposal to induce or cause the employee or employees involved to cease such conduct. The Union will, if requested, report to the Employer after being notified what it is doing to cause such violation of the Contract to cease.

Section 5. Upon the filing of a grievance by the Employer alleging a violation of this Article, the parties to this Agreement shall proceed to arbitration without taking any intermediate steps, any other provisions of this Agreement to the contrary notwithstanding. The arbitrator shall be selected in accordance with the procedures contained in the Grievance and Arbitration Article of this Contract. The arbitrator shall issue an award immediately upon conclusion of the hearing upon such grievance. The Union hereby consents to the entry of a Temporary Restraining Order and/or other injunctive relief prohibiting further violation of this Article if the arbitrator finds that a violation of this Article has occurred. The arbitrator shall have authority to order either party to cease violating this Article, but no arbitrator shall have jurisdiction to award, impose, or waive damages or other monetary relief for a violation of this Article. Each party hereto expressly reserves its right to sue for damages and other relief for violation of this Article in a court of appropriate jurisdiction.

The Union hereby consents to the entry of a Temporary Restraining Order prohibiting the conduct specified in Section 1 of this Article pending the Arbitrator's decision.

ARTICLE XVIII - DISCHARGE AND DISCIPLINE

Section 1. Any employee covered by this Agreement guilty of any violation of Employer Rules shall be subject to immediate discharge or lesser discipline without prior warning or notice as set forth in the Employer Handbook, as modified from time to time, and in such other rules as may be adopted by the Employer in accordance with provisions of this Article.

Section 2. The Employer and the Union recognize and agree that no list of rules can be exhaustive, and that employees shall exercise common sense and integrity in the performance of their duties. The Employer may discipline and discharge employees for conduct which is not covered by written rules but which is adverse to the interest of the Employer and/or other employees.

Section 3. Except in aggravated circumstances or as otherwise specified, the penalties provided in the Employer Handbook or other rules shall be the maximum for each offense. The Employer may, when it determines in its discretion that the circumstances warrant, impose a lesser penalty for a particular offense, but the imposition of a lesser penalty for the first or subsequent offenses shall not preclude the Employer from imposing the maximum penalty for any subsequent offense or be deemed a precedent. While the Employer shall endeavor to enforce all rules uniformly, failure of the Employer to enforce all rules with complete uniformity shall not excuse any violation of such rules or justify

reduction of any penalty provided for violation of such rules. Notwithstanding the maximum penalty otherwise specified for violation of a rule, any employee who has received discipline for three (3) or more offenses in any twelve (12) month period shall be subject to discharge for any violation of any rule.

ARTICLE XIX - DRUG AND ALCOHOL ABUSE

Section 1. The Employer and the Union recognize that they must endeavor to provide safe and efficient operations for the protection and benefit of the general public, and the Employer’s guests and employees. As part of its efforts to achieve this goal, the Employer must require that its work be performed by employees who are not under the influence of illegal drugs or alcohol at work. For purposes of this Agreement, the term "drugs" shall include drugs and alcohol, as appropriate.

Section 2. The parties hereby adopt and incorporate by reference the Drug/Alcohol Test Implementation Guidelines annexed to this Agreement as:

Drug/Alcohol Test Implementation Guidelines

POST-ACCIDENT SUBSTANCE ABUSE TESTING A. Circumstances When Testing Will Be Required As permitted by law, Sodexo will conduct drug and/or alcohol testing following on-the-job accidents, as defined in Section C, below, in accordance with the procedures set forth in this Article. These procedures are designed not only to detect use of drugs or alcohol but also to ensure fairness to each Employee. Every effort will be made to maintain the dignity of Employees involved. Employees governed by client-specific requirements must comply with those client requirements in addition to the requirements herein, if not in conflict with client requirements. B. Prohibited Substances: 1. Prohibited Drugs: Unless limited by applicable state law, testing will be conducted for the presence of the following substances or their metabolites: *ALCOHOL *AMPHETAMINES (Including MDMA) *COCAINE *MARIJUANA *OPIATE METABOLITES *PHENCYCLIDINE (PCP) *6-monoacetylmorphine (6-MAM; a heroin-specific metabolite) *Additional substances may be added as evidence of use dictates. Detection levels requiring a determination of a positive result shall, where applicable, be under accepted scientific standards in accordance with the recommendations established by the Substance Abuse and Mental Health Services Administration (SAMHSA; formerly “NIDA”) as adopted by the federal Department of Transportation (DOT). Under the current SAMSHA recommendations, the cut-off level for a positive test for marijuana (THCA) is any result reported at or above 15 ng/ml. Should the SAMSHA recommendations change and be adopted by the DOT, the revised SAMSHA recommendation will be used to report positive results. 2. Alcohol: A positive alcohol test is any result reported at or above 0.04. C. Post-Accident Testing: An Employee Accident is defined as an unplanned event which results in a work-related injury or illness which requires outside medical treatment and cost. For any Employee who is involved in an Employee Accident, Sodexo will conduct drug and alcohol testing. All Employee Accidents must be reported to the Sodexo unit manager or other designated person or manager within one hour of the event – unless there are circumstances that make reporting within 1 hour impractical or impossible – but no later than three hours of the event. Post-Accident drug and alcohol testing should occur as soon as is practical but not later than 32 hours after the occurrence of an event meeting the above criteria. Employees must report for testing within thirty-two (32) hours. If an Employee fails to do so, it will be deemed refusal to test, absent a reasonable explanation. D. Collection of Samples/Lab Analysis: 1. Specimen Collection: All specimen collection for drugs and alcohol will be performed in accordance with generally accepted scientific methods. Sodexo will use chain-of-custody procedures. 2. Specimen Analysis: Test methods permitted by state law shall be utilized. For confirmation purposes of any test screened “non-negative,” Sodexo will retain only a laboratory certified by the Substance Abuse and Mental Health Services Administration (SAMHSA). The laboratory will be required to maintain strict compliance with federally approved chain-of-custody procedures, quality control, maintenance and scientific analytical methodologies. 3. Split-sample Analysis: The Employee may request that a confirmation test on the specimen be conducted. That request must be made in writing within three business days after being notified of the positive test result. The analysis of the split sample shall be obtained from a separate, unrelated certified laboratory chosen by the Employee and shall be at the Employee’s expense. If the split sample analysis fails to re-confirm the presence of the prohibited substance found in the original sample then both tests shall be noted as a negative and no disciplinary action taken. E. Alcohol Testing Procedures: All alcohol tests will be conducted in strict compliance with the rules adopted by federal and state guidelines and in accordance with the best practice in the applicable scientific community. F. Review and Notice of Rights: Sodexo’s contracted Medical Review Officer will contact any Employee testing positive for the presence of a prohibited substance. The Employee will be allowed to present medical documentation to explain any permissible use of a drug. All such discussions between the Employee and the MRO will be confidential. Sodexo will not be a party to or have access to matters discussed between the Employee and the MRO, except to respond to a claim made in a grievance, arbitration, lawsuit or administrative charge. Until the Employee contacts the MRO or a reasonable time has lapsed after the Employee was asked to contact the MRO, Sodexo will not be advised of the test result. If legitimate, medically supported reasons exist to explain the positive result, the MRO will report the test result to Sodexo as a negative. If there is no legitimate, medically supportable reason for the positive test result, the MRO will report the test result as a positive. Sodexo will then notify the Employee of the positive result, the substance(s) detected and the Employee’s right to a split-sample analysis. There will be no medical review of a positive test for alcohol or a positive test of a split specimen. No medical explanation for alcohol in an Employee’s system will be accepted. If, during the course of an interview with an Employee who has tested positive, the MRO learns of a medical condition, or medication for a medical condition, which could, in the MRO’s reasonable medical judgment, pose a risk to safety, the MRO may report that information to Sodexo. If the result is reported to Sodexo as positive by the MRO, Sodexo will notify the Employee in writing of the following: 1. The result of the test; 2. The Employee’s right to have a split sample analyzed;

3. The Employee’s right to choose the laboratory to analyze the split sample; 4. The Employee’s right to take up to three business days after the date of written notice to decide whether to have the split analyzed; 5. The Employee’s responsibility to pay for the split sample analysis. G. Consequences: Any Employee who refuses to submit to the testing process or who tests positive for any prohibited substance will be terminated. Any employee suspected of unnecessarily delaying the test process, attempting to adulterate or substitute a sample or refusing to fully cooperate in the test process will be considered to have refused to submit to testing. For a first positive test result, an Employee will be permitted to take an unpaid leave of absence of up to 30 days for the purpose of participating in a medically approved rehabilitation program. Upon successful completion of the rehabilitation program, the Employee, the Union and the Employer will execute a Return to Work Agreement, specifying that in addition to drug and alcohol testing following any on-the-job injury, the Employee will, for a period of 12 months, be subject to drug and alcohol testing at the direction of management if there is reasonable grounds to suspect that the Employee is under the influence of drugs or alcohol. The penalty for a second positive test for drugs or alcohol shall be termination. In addition, a positive test, or the refusal to submit to a test, may result in a denial or loss of workers compensation benefits under state law. (This information is provided for informational purposes only, it being understood that neither the Union nor the Employer controls the grant or denial of workers’ compensation benefits.) H. Confidentiality: Unless otherwise limited by law, information and records relating to testing, test results, drug or alcohol dependencies, medical restrictions, and legitimate medical explanations provided to the medical facility, the MRO, or Sodexo’s designated Human Resources Manager as part of Sodexo’s drug and alcohol testing program, shall be kept confidential and maintained in medical files separate from Employees’ personnel files. Such information shall be the property of Sodexo and may be disclosed to Human Resources, the MRO, and to Sodexo managers and supervisors on a need-to-know basis. Such information also may be disclosed where relevant to a grievance, charge, claim, lawsuit, or other legal proceeding initiated by or on behalf of an employee or prospective employee. I. Employee Assistance: Employees with personal alcohol and drug abuse problems should request confidential assistance through local support agencies or, if applicable, Sodexo’s health insurance program or Sodexo’s Lifeworks program, (888) 267-8126. Employees who undergo voluntary counseling or treatment, and who continue to work, must meet all established standards of conduct and job performance including these Guidelines. While the mere voluntary request for assistance with an alcohol or drug abuse problem will not result in any constructive counseling, such requests will not prevent disciplinary action for violation of Sodexo’s Drug and Alcohol Use Policy and will not prevent termination for a positive result.

ARTICLE XX - WAGES

Section 1. During the term of this Agreement, the Employer shall pay each employee covered hereby at least the minimum straight-time hourly wage rate as set forth in Appendix "A" attached hereto.

Section 2. All employees may perform any work requested of them by the Employer, provided, however, that no employee shall be required to perform work which he or she reasonably believes is unsafe.

Section3. Pay rates for new existing employees shall be at or above the minimum set forth in Appendix A. Performance reviews may be performed annually on or about the Employer by March 1st. Pay reviews for extraordinary situations may occur at other times.

Section 4. Employees shall be paid in accordance with the Employer’s payroll system. Employer will notify the Union at least sixty (60) days before any change is made.

Section 5. Wages shall be paid by check, direct deposit or electric money card, as determined by the Employer, subject to applicable law.

ARTICLE XXI - HOURS OF WORK AND OVERTIME

Section 1. The hours of work, number of shifts and hours of shifts, the starting and quitting times, and the work week for each and every employee covered by this Agreement shall be determined by the sound discretion of the Employer and may remain the same or be changed by the Employer in accordance with the Employer's business requirements. The Employer may require employees to utilize time cards, time sheets, time clocks, or any other method of recording time.

Section 2. Nothing contained in this Agreement shall be construed as a limitation of the Employer's rights to schedule more or less hours of work per day, or per week, as in the Employer's judgment the operations of the business require, in accordance with the needs or demands of the customer. Nothing in this Agreement shall be construed as a guarantee that any employee will be guaranteed a minimum number of work hours per day or per week. Employees shall work overtime and/or weekends as directed by the Employer. Opportunities for overtime will be offered to employees on the basis of the customer's needs, performance and productivity. Before implementing any substantial changes in its current practice, the Employer shall obtain the views of the union steward.

Section 3. Overtime must be authorized by management prior to time worked, and the Employer may require completion of an overtime request form. Time and one-half of the employee's regular straight-time hourly rate of pay will be paid for all hours worked by any employee in excess of forty (40) hours during any work week.

Section 4. There shall be no duplication or pyramiding of overtime or other forms of premium pay under this Agreement, and when more than one premium pay or penalty pay is due, only the larger amount shall be due and payable to the employee eligible therefor.

Section5. Employees shall, except by mutual agreement, take one continuous unpaid period for meals of one (I) hour at a time set by the Employer. During lunch periods, employees may leave the Employer premises. Employees who remain on Employer premises may not interfere with the work of employees on duty.

Section 6. Employees shall obtain and put away tools and other equipment and clean up premises on Employer time.

Section 7. It is understood that the Employer should notify an employee not to report at the earliest possible moment.

ARTICLE XXII - FUNERAL LEAVE

Section 1. When employees are off work due to a death in their immediate family. Employer will pay such employees the equivalent of eight (8) hours' pay at their regular rate of pay for up to three (3) days of work actually missed, that being the day before, the day of, and the day after the funeral. The immediate family shall consist of the employee's spouse, parent (or individual who took the place of parent during childhood), child, sibling, parent-in-law, grandparent, brother-in-law, and sister-in-law.

Section 2. The Employer reserves the right to require proof of death and/or relationship for payment of funeral leave pay.

Section 3. If a death covered by Section 1 occurs while the employee is on leave of absence without pay, the employee is not eligible for funeral leave.

ARTICLE XXIII - JURY DUTY

When an employee with one or more years of service is called and reports for jury duty, he will be paid the regular straight-time earnings which he would have received had he reported to work as scheduled (not including any overtime or other premium pay).

To be entitled to such benefit, an employee must:

(a) have been scheduled to work on the day in question;

(b) must report back promptly to work as soon as practicable if released during his scheduled working hours;

(c) must obtain a receipt from the court upon leaving, evidencing the time that he reported for jury duty and the time that he was permitted to leave the jury room of the Court for the day. The receipt must be presented to the employee's Supervisor immediately upon reporting back to work;

(d) must give his Supervisor notice of his being called to jury duty at least 72 hours before his assigned jury reporting time, unless circumstances are such that he cannot reasonably be expected to give this much notice, in which event he will only be expected to give as much notice as he reasonably can.

(e) Twelve Hour Shift Employees scheduled for day shift will report to work at a reasonable time if released from jury duty before 12:00 noon.

(f) Twelve Hour Shift Employees scheduled for night shift will not be required to work the night immediately preceding his first day in court, nor any other night shift falling on a day that they are scheduled to be in court. However, if the employee is released from court prior to 12:00 noon, the employee shall report to work that evening as normal. Pay for jury duty shall be limited to a maximum often (10) days pay in any two year period.

ARTICLE XXIV - HOLIDAYS

Section 1. Holidays recognized by the Employer are:

New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day

Two (2) Floating Holiday

The Employer may modify the holidays recognized if requested by its client, but shall not change the total number of holidays.

Section 2. All employees shall receive eight (8) hours' pay at the employee's regular hourly rate, provided the employees work the regular scheduled work day before the holiday and the regular scheduled work day after the holiday. Employees on leave of absence shall receive no holiday pay.

Section 3. When any of the above holidays fall within an eligible employee's approved vacation period and he is absent from work during his regularly scheduled work week because of such vacation, the holiday shall not be charged against the employee's accrued vacation.

Section 4. Employees working on any of the above holidays shall receive the regular rate of pay for all hours of work plus holiday pay.

Section 5. Holidays falling on Saturday will be observed on the preceding Friday; holidays falling on Sunday will be observed on the following Monday at the discretion of the Employer.

Section 6. For purposes of calculating overtime pay, holiday pay as such will be considered in overtime pay computation.

ARTICLE XXV - VACATION

Section 1. Employees covered by this Agreement shall be granted vacations with pay upon the following basis of service:

0 – 4 Years of Service = 10 days or 80 hours per calendar year with first year vacation eligibility pro-rated ased on hire date, available for use after 3 months of service

5 – 9 Years of Service = 15 days or 120 hours per calendar year

10 plus Years of Service = 20 days or 160 hours per calendar year

Section 2. Vacation pay shall be the equivalent of forty (40) hours pay per week at the regular hourly rate of pay.

Section 3. Vacation dates must be approved by the employee's supervisor. The Employer shall have the right to determine the number of employees who may be on vacation at any time, and to specify periods when no vacations may be taken by employees.

Section 4. Vacation is not an accrued benefit, and no employee who is discharged shall be entitled to pay for unused vacation. An employee who gives two weeks' notice of intent to quit shall be paid his or her unused vacation.

Section 5. The Employer shall continue to administer eligibility for and use of vacation pay as it has in the past on a calendar year basis. Vacation time not used in one year may be carried over to the subsequent year, but must be used before April 1st of the following year, and no payments will be made for unused vacation.

Section 6. Part-time employees who work 20 or more hours per week shall receive paid vacation equivalent to the number of hours regularly worked per week upon completion of the same length of service, and subject to the same conditions, as full-time employees.

ARTICLE XXVI - PERSONAL/SICK LEAVE

Section 1. Each calendar year, regular full-time employees shall receive personal leave days for personal business or sickness. ,The employee shall receive five (5) personal days per calendar year with first year eligibility pro-rated based on hire date. The supervisor must approve use of such days, and use for personal business must be approved in advance.

Section 2. Personal/Sick time shall accumulate from year to year, up to a maximum of ten (10) days.

Section 3. Time covered by Worker's Compensation will not be covered by this Article. Unused Personal/Sick leave will not be paid upon termination, nor shall it be used after notice is given.

Section 4. The Employer may require, in individual cases and at the Employer's discretion, a physician's release before an employee may return to work after taking Personal/Sick time for illness.

ARTICLE XXVII - ELECTION DAY

Employees who are eligible to vote shall be permitted two (2) hours off, unpaid, to Vote on Election Day if they are unable to vote during non-working hours. Employees shall give the Company two weeks’ notice prior to taking the time off during normal polling hours.

ARTICLE XXVIII – TIME OFF FOR UNION BUSINESS

The Company shall allow time off from work, excused without pay, for one (1) employee to attend one Union conference or Function each contract year, not to exceed five (5) consecutive work days. All requests for time off are to be given to the Company in writing not less than ten (10) calendar days in advance of leave.

ARTICLE XXIX - GROUP INSURANCE BENEFITS

ARTICLE 29 – INSURANCE The following terms shall govern the provision of health, dental, vision, life and disability insurance benefits for each insurance plan year, commencing on July 27, 2020.

Section 1. Standard Benefits Plans. The Employer shall make available to eligible hourly employees in the bargaining unit the Standard Benefits Plans generally made available to eligible hourly employees in the state and the division where the unit is located (the “Standard Benefits Plans”), in accordance with and subject to the terms and conditions (including the terms and conditions relating to eligibility of employees to participate) applicable to such plans.

Section 2. Eligibility to Participate. Each employee’s eligibility to participate in the Standard Benefits Plans in each insurance plan year shall be determined on the basis of the employee’s hours worked or paid (as such hours are defined by the Employer with respect to the eligibility of employees generally to participate in the Standard Benefits Plans) in the twelve months ending on the last day of the first payroll period in the October preceding the commencement of such insurance plan year, or such other date in October of each year as the Employer shall select (for example, the eligibility of employees to participate in the Standard Benefits Plans in 2020 will be determined on the basis of the hours worked or paid in the twelve-month period commencing October 4, 2018 and ending October 3, 2019).

Nothing in this Article shall be construed to alter the definitions of full-time and part-time employees set forth in Article 2 of this Agreement, it being understood, however, that such definitions do not apply to the determination of eligibility to participate in the Standard Benefits Plans, which shall be determined solely in accordance with the terms and conditions applicable to such plans.

Section 3. Health Plan. So long as the Employer offers the Standard Benefits Plans in accordance with this Agreement, the Employer shall share with each eligible employee who elects to participate in a Health Plan the cost of the premiums for the plan in which the employee elects to participate, based upon the Employer’s Standard Rate Sheet.

The Employer shall deduct the employee’s share of the premium from each paycheck on a pre-tax basis.

Section 4. Dental and Vision Plans. The Employer shall pay its share of weekly dental and vision premium costs in accordance with the Standard Benefits Plans. The Employer shall deduct the employee’s share of the premium from each paycheck on a pre-tax basis.

Section 5. Life Insurance. The Employer shall provide Free Basic Life insurance in accordance with the Standard Benefits Plans. If so provided in the Standard Benefits Plans, employees may elect at their own expense to purchase additional life insurance coverage. The terms of coverage and the cost to the employee of such coverage shall be as set forth in the Standard Benefits Plans.

Section 6. Disability Insurance. The Employer shall provide Short-Term and Long-Term Disability in accordance with the Standard Benefits Plans.

Section 7. Premium Changes. Premiums for benefits may be adjusted by the Employer in accordance with the Employer’s policies and practices regarding the Standard Benefits Plans. The Employer’s proportionate share of health insurance premiums for subsequent insurance plan years shall be established as set forth in Section 3 above.

Section 8. Waiver. By agreeing to participate in the Employer’s Standard Benefits Plans, the Union agrees that any dispute, grievance, question or controversy concerning the interpretation or application of the Standard Benefits Plans shall be determined and resolved in accordance with the procedures set forth in the applicable plan documents and shall not be subject to the grievance and arbitration provisions of this Agreement. The Union further agrees that the employer, as Plan Sponsor of the Standard Benefits Plans, has reserved the right to unilaterally amend, modify or terminate the Standard Benefits Plans, in whole or in part, without bargaining with the Union over its decision to take such action. Upon request, the Employer will bargain with respect to the effects of a decision to terminate the Standard Benefits Plans or to amend or modify the Standard Benefits Plans in a manner that has a material adverse effect on the employees. This Section shall continue in effect following the expiration of this Agreement, until expressly terminated or superseded by written agreement of the Employer and the Union.

ARTICLE XXX - TRAINING

Section 1. The union and the Employer will work in partnership to develop the best trained workforce. Knowing that at times training will come from many areas, including the IUOE training, the Union and the Employer will work together to provide the best training possible. The Employer will pay for or reimburse the employee for Employer-approved training.

Section 2. Employees required to participate in training shall be paid at their regular rate of pay.

Section 3. The Employer shall also have the right to require all Engineers to attend and successfully complete a Union Training Course, or a mutually agreed upon training course, twice per calendar year, but in no event can an Engineer be required by the Employer to complete training of more than 8 hours per year, on their own time. If the Engineer does not complete the required training during the calendar year following implementation of this section, or any calendar year thereafter, the Employer, the Union and the Engineer will meet to determine the next available training course that the Engineer must attend and complete to satisfy this requirement. If the Engineer does not complete the agreed upon training in the agreed upon time, they shall be subject to discipline. The Training required under this section may consist of any of the following in addition to those offered by Local 564 through classes, seminars and on-line training: Employer approved/sponsored trainings, such as lunch and learns; Annual Codes Seminar, Emergency Preparedness Seminar, Budgeting classes; vendor sponsored trainings pertinent to the trade, Online training classes pertinent to the industry; OSHA 10 Training, conducted by the Employer, Union or vendor. The preceding is not a definitive list, but simply by way of illustration. The Employer and Union agree to meet and confer as needed to identify appropriate training courses.

The requirements of Section 3 shall go into effect January 1, 2021.

Section 4. IUOE National Training Fund Contribution Agreement: The employer shall make contributions to the International Union of Operating Engineers National Training Fund in the amount of $.05 (five cents) per hour paid, up to a maximum of 2080 hours per calendar year.

The Union shall cover the training cost for any training at the IUOE International Training Center. The Employee will attend on their own time. The Company must pre-approve the time away as well as the training course(s) to be taken. Approval or disapproval of requests for training at the International Training Center shall not be subject to the provisions of Article XV, “Grievance and Arbitration Procedure”.

ARTICLE XXXI – PENSION

The Employer shall contribute to the Central Pension Fund of the International Union of Operating Engineers and Participating Employers on behalf of each employee covered by this Agreement, per hour paid, per the following schedule:

SCHEDULED PENSION CONTRIBUTION RATES 7/27/2020 $1.05 / Hour Paid ARTICLE XXXII - CHANGE OF MANAGEMENT

The Employer shall notify the Union within one-hundred-twenty (120) days or as soon as it learns of a change of ownership or management of any of the buildings covered by this agreement. In the event that the Employer's services are terminated at the buildings covered by this agreement, the Employer's sole obligation shall be to comply with this agreement until its services are terminated.

ARTICLE XXXIII - MUTUAL AGREEMENTS

Section 1. Exceptions, local or side agreements or modifications of this Agreement may not be made except by mutual agreement in writing between the Company Labor Relations Department and designated representatives of the Union. When such agreements are properly made, copies shall be distributed to all union stewards on the jobsite.

ARTICLE XXXIV - SAVINGS CLAUSE/ENTIRE AGREEMENT

It is agreed that this instrument contains the full and complete agreement between the Employer and the Union. Any modification or amendment shall be void and of no force and effect unless reduced to writing and signed by the signatories hereto or their successors. Should any part hereof, or any provision herein contained, be rendered or declared illegal or an unfair labor practice of any existing or subsequently enacted legislation or by any decree of a court of competent jurisdiction, such invalidation shall not effect the remaining portions hereof.

In reaching this Agreement, the Employer and Union acknowledge that during the negotiations resulting in this Agreement, each had the unlimited right and opportunity to make demands and proposals regarding any subject not legally removed from the area of collective bargaining and further acknowledge that the understandings and agreements arrived at by the parties after full and free discussions and negotiation and the full and free exercise of those rights and opportunities are set forth in the Agreement.

All parties hereto have fully exercised and complied with any and all obligations to bargain. This Agreement expresses, embodies, and includes the full and complete agreement between the parties for the full term hereof and shall not be reopened during such term. This Agreement supersedes any previous agreement between the parties.

The Employer is free to take any action concerning any term or condition of employment so long as such action is not prohibited by the express terms of this agreement. If the union asserts in any forum that the Employer is obligated to bargain concerning any action not expressly prohibited by this agreement, the Employer may elect to reopen this agreement in its entirety by giving written notice to the union; except that the no strike/no lockout provisions of this agreement shall remain in effect.

ARTICLE XXXV - TERM OF AGREEMENT

This Agreement shall become effective on July 27, 2020, and shall continue in effect until 12 a.m. March 1, 2021, and month to month thereafter, unless written notice is given by either party to the other party sixty (60) days prior to the expiration of this Agreement to cancel or modify the terms of this Agreement.

IN WITNESS WHEREOF, the parties hereto set their hands and seal,

For the Employer For the Union

jason turnmire Elvia Moreno (Jul 24, 2020 15:37 PDT) jason turnmire (Jul 27, 2020 08:16 CDT) Elvia Moreno Jason Turnmire Director, Labor Relations Business Agent IUOE Local 564

7/24/2020 Date: Date: 7/27/2020

M.S. Varvel 2020-0725 M.S. Varvel 2020-0725 (Jul 25, 2020 08:47 EDT) Michael Varvel Vice President Operations

Date:

APPENDIX A

HOURLY WAGE RATES

The Company may conduct performance appraisals. Effective July 27th, each employee shall receive a rate increase in accordance with the following schedule, provided that the employee has held his or her then current position for at least six (6) months.

HOURLY WAGE RATE MINIMUMS

CLASSIFICATION 7/27/2020 Assistance Chief Operating Engineer $29.02 Shift Lead Operating Engineer $26.33 Operating Engineer $18.81

Assistance Chief Building Engineer $26.87 Shift Lead Building Engineer $24.18 Building Engineer $16.66

Maintenance Tech $14.51 Shift Differential: A single Shift Differential of $1.00 per hour will be paid for all hours worked if 50% or more of the scheduled hours worked fall outside the period from 6:00AM to 6:00PM. Additionally, an Operating Engineer assigned to a shift in the Plant will receive the $1.00 per hour shift differential, independent of the “50%” hours requirement. During the term of this agreement, employees promoted to a higher classification will receive a minimum rate increase of 2.5% or brought to the minimum of the new classifications rate range, whichever is higher.