Sodexo Contract

PREAMBLE

This Agreement, made and entered into by and between SDH EDUCATION EAST, LLC A SUBSIDIARY OF SODEXO, INC. managing the food service operations for the Dutchess Community College, hereinafter referred to as the “Employer,” and THE COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, hereinafter referred to as the “Union,” has as its purpose the improvements and promotions of harmonious relations between the parties; the establishment of an equitable and peaceful procedure for the amicable resolution of all differences, disputes, and grievances; and the establishment and determination of rates of salaries and wages fringe benefits, hours of work, and other terms and conditions of employment.

ARTICLE 1 - RECOGNITION

SECTION 1.

The Employer hereby recognizes The Communications Workers of America, AFL-CIO as the exclusive bargaining representative for the purpose of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment, for all its employees excluding full time students of Dutchess Community College in the Food Service Workers Unit.

ARTICLE 2 - NON-DISCRIMINATION

SECTION 1.

Neither the Employer nor the Union shall discriminate against any employee with respect to any of the forms or conditions of his or her employment on account of race, creed, color, sex, marital status, religion, national origin, sexual orientation, handicap, age, or veteran status.

SECTION 2.

The use of male pronouns in this Agreement shall not describe any specific employee or group of employees; but is limited to refer to all employees, regardless of sex.

ARTICLE 3 - UNION SECURITY

SECTION 1.

The Employer agrees to deduct from the regular paycheck of any bargaining unit employee the dues of the Union, or its equivalent.  The Employer, upon hiring a new employee, shall send their name, a copy of their dues authorization form, hours of work and salary to the Secretary/Treasurer of C.W.A. Local 1120, and the information sheet from the Union.

SECTION 2.

1. Each employee who is a member of the Union on the effective date of this Agreement, or any employee entering into the bargaining unit after the effective date of this Agreement, shall pay or tender to the Union periodic dues.For the purpose of this Article, “employee” shall mean any person entering into the bargaining unit.

2. Each employee who is a member of the bargaining unit on or before the effective date of this Agreement and who, on the effective date of this Agreement, was not required as a condition of employment to pay or tender to the Union periodic dues, shall, as a condition of employment, pay or tender to the Union the periodic dues for the period beginning thirty (30) days after the effective date of this Agreement, until the termination of this Agreement.

   The conditions of employment specified above shall not apply during periods of formal separation from the bargaining unit by any such employee, but shall reapply to such employee on the thirtieth (30th) day following his return to the bargaining unit.  The term “formal separation” includes transfers out of the bargaining unit, removal from the payroll of the Company, and leaves of absence of more than four (4) months duration.

   SECTION 3.

   Dues shall be two percent (2.0%) per week of the basic weekly wage rate, or such other amount as may be certified to the Employer by the Union at least thirty (30) days prior to the month in which the deduction of the Union dues is to be made.

   SECTION 4.

   The deduction of Union dues or its equivalent made pursuant to this Agreement shall be remitted to The Communications Workers of America, to the address designated by them, on a monthly basis, together with a list of employees from whose pay such deductions were made.  The list shall include each employee’s name, social security number, base hours per week, base hours per week, base earnings for the period, and the amount of dues paid.

   SECTION 5.

   The Union hereby agrees to indemnify the Employer and hold it harmless from all claims, damages, costs, fees or charges of any kind, which may arise out of the honoring by the Company of the dues deduction authorization in accordance with the provisions of this Article, and the transmitting of such deducted dues to the Union.

ARTICLE 4 - RIGHTS & PRIVILEGES OF THE UNION

SECTION 1.

The Union shall have the right to designate representatives of the Union as an Officer, Executive Board Member, Chief Steward or Steward, who shall not be discriminated against due to their legitimate Union activity.

SECTION 2.

The designated representatives of the Union shall have reasonable access to the employer’s premises for the purpose of conferring with the Employer, Representatives of the Union and/or employees in the bargaining unit for the purpose of administering this Agreement, subject to the conditions stated herein.

SECTION 3.

When a Union Representative wished to visit the Employer’s premises, he shall advise the Food Service Manager or his designee of his visit and stated purpose.  Visits by Union Representatives to bargaining unit employees shall be at such time and under such circumstances so as not to interfere with the normal work operations of the employee.

ARTICLE 5 - ABSENCE FOR UNION BUSINESS

SECTION 1.

At the discretion of the Employer, as business needs dictate, employees who are authorized representatives of the Union shall be excused without pay, at the request of an authorized officer of the Unions, to attend to the business of the Union.  Such time off shall not exceed five (5) working days per calendar year.

SECTION 2.

The Union shall make all requests to perform Union business as far in advance as possible and the Employer shall make every attempt to approve the request.  Such time off will not be chargeable and shall not apply to any employee in connection with the processing of a grievance, Labor/Management negotiations or a Labor/Management meeting.

SECTION 3.

For the purpose of this Article, authorized representatives are defined as Executive Board Member, Chief Steward, or Steward.

ARTICLE 6 - BULLETIN BOARDS

SECTION 1.

The Employer shall make space available on the bulletin boards for the purpose of posting factual and non-controversial material, which a designated representative of the Union may desire to post.  If management contends posted notices are not within the spirit of this Article, the responsible Union Representative, when available, will remove such notice.  However, if the Union Representative is not available, management reserves the right to remove such material.

Otherwise, the Union shall utilize the Steward structure to disseminate information and meeting notices.

ARTICLE 7 - SPECIAL EVENTS

SECTION 1.

All special events will be posted as soon as possible.

SECTION 2.

All work performed during work hours will be paid at the regular rate.

SECTION 3.

All work performed outside the posted work hours will be at one and one-half (1½) times the regular rate of pay.

SECTION 4.

Availability of work for Special Events:

1. Special Events shall be offered to all employees within a rotational list starting with the senior person. The employees on the list will move whether they work the event or refuse. If an employee is out on vacation, personal day or sick day they cannot be charged for the event, therefore they will remain in their place in the rotation. An employee who is being replaced by a volunteer will be replaced by the senior volunteer. The employee being replaced will be charged for the event and will stay in their current position on the list. The list may be monitored by the chief steward of the union, and shall be made available to the chief steward of the union upon request.

1. If no regular employee desires to work the Special Event, the Employer will have the right to hire temporary employees to work the Special Event.

2. If a Special Event is not posted 7 (seven) days prior to an employee’s vacation, the employee will be paid one and one-half (1½) times the regular rate of pay for all time worked during the Special Event.

ARTICLE 8 - EMPLOYEE’S PERSONNEL FILES

SECTION 1.

Upon request, an employee shall be advised in writing of the location and the custodian of all personnel files maintained by the Employer for the employee.  If an employee member makes such a request and is not advised of the location of any personnel file(s) maintained by the Employer for the employee, then the contents of any such file(s) of which the employee is not advised may not be used in any way by the Employer without the employee’s expressed written permission.

SECTION 2.

An employee shall be entitled to inspect and copy material in the Employer’s personnel file(s) regarding the employee.  A single copy of any material in the employee’s personnel file(s) shall be provided by the Employer at no cost to the employee.  The employee may inspect the personnel file and copy new material in the file as frequently as is reasonable. The employee may review their file with a member of Management present within 5 days of the request.

SECTION 3.

Only length of employment will be released on any employee separated from the payroll without written authorization, except to the extent required by law.

SECTION 4.

An employee may designate, in writing to the General Manager, a Union Representative to inspect his personnel file(s).

ARTICLE 9 - RIGHT OF EMPLOYEES TO UNION REPRESENTATION

SECTION 1.

Any employee is entitled to have Union representation in any discussion between the employee and representatives of the Employer, in which the employee has reasonable grounds to fear that the interview will adversely affect his continued employment or his working conditions.

ARTICLE 10 – DISCIPLINE

SECTION 1.

Discipline of an employee shall be imposed only for just cause.  Discipline under this Article means only official written reprimand, fine, suspension, demotion or removal.  Demotion or removal, based upon a lay-off or other operational judgment of the Employer, shall not be construed to be discipline.

SECTION 2.

The employee shall have the right to review their files at any time. No disciplinary notice dated more than twelve (12) months earlier than the date of the current infraction shall be considered or be placed into evidence in other disciplinary and arbitration proceedings unless there has been other disciplinary action of a related nature within that twelve (12) month period.

SECTION 3.

For the purposes of this Article, the Employer shall utilize two (2) tracks of discipline: Work Rules and Attendance.

ARTICLE 11 - GRIEVANCE & ARBITRATION PROCEDURE

SECTION 1.

A grievance shall be defined as an alleged violation, misinterpretation or misapplication of an expressed term or condition of this Agreement.

SECTION 2.

All claims that this Agreement has been violated shall be handled in accordance with the following procedure:

First Step:

The matter shall be discussed orally amongst the assigned Steward, immediate supervisor and aggrieved employee.  The alleged grievance must be brought to the first step within ten (10) working days of its occurrence or within ten (10) working days from when the alleged grievance became known to the grievant.  In those instances where the steward is on leave, the time frame will automatically extend five (5) working days following the steward’s return. A reply shall be given within ten (10) working days from the time of its initial presentation to the Steward. 

Second Step:

If not settled at the first step the grievance shall be appealed in writing to the Unit Manager (or his designee) within ten (10) working days after receiving the reply of the first step.  The appeal shall set forth the alleged facts of the grievance.  Within ten (10) working days of receipt of such a written grievance, the Employer shall mail or deliver a written reply to the Local’s Grievance Coordinator, providing a decision and reason(s) for the decision.  Either the Union or the Employer shall request a meeting in order to review the grievance prior to the Employer’s decision.  The following persons shall be present at this review meeting: the Grievance Coordinator, the Chief Steward, the Business Agent, a Steward, or the grievant (not to exceed three [3] paid employees), the immediate supervisor, and the Unit Manager (or his designee).  Any additional persons present at the review meeting must be mutually agreed upon by the Employer and the Union.  Once the grievance has reached Step 2, the immediate supervisor shall not attempt to settle the grievance with the grievant.

Third Step:

If not settled at Step 2, the grievance may be appealed to Arbitration.  The Arbitrator shall be selected by the parties from a panel of arbitrators furnished by the AAA.

Each party to this Agreement shall bear the expenses of preparing and presenting its own case.  The fee and expense of the Arbitrator, together with any incidental expenses mutually agreed upon in advance, shall be borne equally by the parties hereto.

The decision of the Arbitrator shall be final and binding upon both parties.  It is understood that the Arbitrator shall have the power to modify on disciplinary cases, but shall be unable to modify the Agreement.

SECTION 3.

Any step may be extended by mutual agreement between the Union and the Employer.  Any reasonable request made prior to the expiration of the time limit shall be honored by the Employer and the Union.

SECTION 4.

The Employer shall pay those employees named in Step 1 and Step 2 at their regular wage rate when they are involved in grievance discussion and review with management during their normal work hours.

ARTICLE 12 - NO STRIKE/NO LOCKOUT

SECTION 1.

Neither the Union nor any employee shall engage in any illegal strike, partial strike, sit-down, sit-in, slow-down, cessation or stoppage or interruption of work, boycott, or other interference with the operations of the Employer.

SECTION 2.

The Employer agrees that it will not lock out employees during the term of this Agreement.

ARTICLE 13 - CONTRACTING OUT OF WORK

SECTION 1.

The Employer shall not contract out work, if such contracting will cause and directly affect lay-offs from employment with the Employer or part timing of present employees.

ARTICLE 14 - SENIORITY

SECTION 1.

The employee’s continuous service at Dutchess Community College shall be the determining factor in measuring seniority.

SECTION 2.

The Employer shall be responsible for establishing and maintaining a seniority list in accordance with this Article for all employees.  This will determine all recalls and rehires.  Said list shall be made available to the Union upon request.

ARTICLE 15 - PROBATIONARY EMPLOYEES

SECTION 1.

All new employees will be required to complete a forty-five (45) calendar day probationary period.

SECTION 2.

The probationary period may be extended for thirty (30) days if it is agreeable to both the Employer and the Union.

SECTION 3.

Termination during the probationary period will be at the recommendation of the immediate supervisor.

Probationary employees may be disciplined or terminated during the probationary period.  The discharge of any probationary employee shall be subject to an informal review between the Vice President of the Union or his designee and the District Manager (or his designee) of the Employer and not subject to the Grievance/Arbitration provision of this Agreement.

ARTICLE 16 - EMPLOYMENT

SECTION 1.

The Employer agrees that all unit employees who work at least twenty (20) hours per week and nine (9) months per year shall be considered regular full-time employees.

SECTION 2.

Regular part-time employees, excluding students of Dutchess Community College will be all bargaining unit employees who work at least one (1) hour but less than twenty (20) hours per week and less than nine (9) months per year.

SECTION 3.

Temporary employees shall be hired for a specified period of time, e.g., to fill a temporary vacancy.

SECTION 4.

No non-union bargaining unit employee (excluding students of Dutchess Community College), as defined by this Agreement, shall be assigned bargaining unit work.

ARTICLE 17 - SCHEDULED TOUR DEFINITION

SECTION 1.

The workweek is defined as a seven (7) day period commencing 12:01 am Friday and continuing through midnight Thursday.

SECTION 2.

All regular full-time employees covered by the terms of this Agreement shall be entitled to a thirty (30) minute unpaid meal period and one (1) fifteen (15) minute paid rest period per day, as assigned by the Employer, or subject to the convenience of the supervisor for the area.

Part-time employees covered by the terms of this Agreement shall be entitled to one (1) fifteen (15) minute rest period for each four (4) consecutive hours of work.

SECTION 3.

Schedules will be posted on Fridays, seven (7) days in advance of schedule implementation. Once posted, schedules may be changed for:

1). Absenteeism,

2). Vacation, Leave of Absence, Jury Duty, Personal Days,

3). Special Events.

ARTICLE 18 - JOB POSTING AND BIDDING

SECTION 1.

The Employer shall be responsible to notify the Union and steward immediately of all upcoming vacancies covered by this Agreement. The Union notice will be sent to 157 Van Wagner Road, Poughkeepsie, NY, via mail or e-mail.

ARTICLE 19 - SALARY INCREASES

SECTION 1.   

Effective August 1, 2014                  2%

Effective August 1, 2015                  3%

Effective August 1, 2016                  3%

All employees who are on payroll at contract ratification and were on payroll as of July 31, 2014 shall receive a one-time signing bonus of $175.00.

SECTION 2.

New Hire Rates: $9.15 per hour

ARTICLE 20 - OVERTIME

SECTION 1.

Time and one-half (1½) the regular rate of pay shall be paid for all hours worked in excess of eight (8) hours in any one day or forty (40) hours in any workweek.

SECTION 2.

Overtime is computed in blocks of one-quarter (¼) hour.  When possible, notification for overtime shall be given to the employee at least one (1) day in advance.

SECTION 3.

When an employee is called from home to work on an emergency basis, a minimum of four (4) hours will be paid.  Compensation for overtime in such cases will be given at the appropriate rate for that pay period.

SECTION 4.

Compensation for overtime will be made in the regular payroll week.

ARTICLE 21 - SCHEDULE OF SALARY PAYMENT

SECTION 1.

Hourly paid employees are paid weekly on Friday. If checks are available on Thursday, management will make every effort to distribute the pay checks.   

SECTION 2.

If checks are delayed due to equipment malfunction or for other unavoidable reasons, provisions will be made to give employees cash advances until the checks are available for distribution. If a payroll process changes due to Employer system requirements, this business unit will comply with the required changes.

Effective January 1, 2015 unless applicable law requires otherwise, Employees must choose to participate in one of the following systems for payment of wages and reimbursements:

• The Employer’s direct deposit system

• The Employer’s “Money Services Network” debit pay card system

  SECTION 3.

  The following payroll deductions are mandated by law and shall be stated on all payroll stubs on a weekly basis:             Social Security

                                      Federal Income Tax

                                      New York State Income Tax

                                      New York State Disability Insurance

  In addition, Union dues, pension, health insurance, gifts to the United Fund, Credit Union and electronic transfer, as well as liens or garnishes (as required by law), if requested.

ARTICLE 22 – SAVINGS PLAN

SECTION 1.

All employees shall have the option of participating in the Sodexho Inc., 401-k Savings Plan and Trust in accordance with the Plan rules and regulations.

ARTICLE 23 - VACATIONS

SECTION 1.

Full-time employees are eligible for paid vacation which accrues annually.

SECTION 2.

Regular full-time employees shall be entitled to vacation each year with pay, as follows:

                                    Continuous Service from                        Paid

                                    Date of Hire                                      Vacation

                                    After 6 months                                     5 days

                                    After 1 year                                       10 days

                                    After 5 years                                      15 days

                                    After 10 years                                    20 days

                                    After 20 years                                   25 days

SECTION 3.

All year employees, to the extent of the time available, must take vacation during the academic year when classes are not in session, e.g., during the “winter recess” and “spring recess”.  In determining the time available, the official College Calendar will control.  Unused vacation days will be taken immediately following the end of the academic year.  All other employees will be expected to schedule vacation time according to the needs of the department.  The Food Service Manager must approve vacation in advance.   Vacation will be scheduled on the basis of seniority.

SECTION 4.

Vacation time will be paid at the individual’s regular rate and for the number of hours in the individual’s basic workday worked during the normal school year.

SECTION 5.

Upon separation or retirement from the Employer an employee shall be entitled to vacation allowance for the current year, providing the employee has six (6) months of service and has worked three (3) months of that fiscal, unless terminated for just cause.

SECTION 6.

Vacation leave after one year is credited and advanced at the beginning of the fiscal year in anticipation of continued employment for the full year and may be used on that basis.

SECTION 7.

An employee, who takes a vacation that overlaps one or more holidays, may have the vacation period extended by the number of days that coincide with the number of holidays or may choose to take those days at another time by mutual agreement.

ARTICLE 24 - HOLIDAYS

SECTION 1.

Each regular full-time employee shall be entitled to be paid at his or her regular rate of pay for the nine (9) holidays listed below.

                                    New Year’s Day                                                          Memorial Day            Thanksgiving Day                 

Martin Luther King, Jr. Day                   Labor Day                  Day after Thanksgiving                                 President’s Day                                                           Columbus Day           Christmas Day

SECTION 2.

When an employee is so scheduled to work on a holiday, he shall be paid holiday pay, plus one and one-half (1½) times their hourly rate for all hours worked.  This supersedes the special events pay.

SECTION 3.

If a legal holiday falls during an employee’s normally scheduled vacation period, the employee shall receive an additional day off with regular pay, or pay in lieu of a day off, at Management’s discretion.

SECTION 4.

To be eligible for holiday pay, an employee must be working according to his regular work schedule and not be on a leave of absence and must report for duty on the regularly scheduled day immediately preceding and following a holiday to receive holiday pay.

SECTION 5.

The defined holidays are subject to the College calendar and shall be posted at the beginning of the school year.

SECTION 6.

Eligible employees shall be paid holiday pay equivalent to the number of hours they would have worked on the day the holiday is celebrated.

SECTION 7.

When a holiday falls on a Saturday, it shall be observed on the preceding Friday.  When a holiday falls on a Sunday it shall be observed on the following Monday.  These dates shall also be determined by the School Calendar.

ARTICLE 25 - BEREAVEMENT LEAVE

SECTION 1.

The Employer agrees that up to three (3) days of leave with pay will be authorized in the case of death in the immediate family to attend to funeral or other bereavement functions.

Immediate family is defined as parent, brother, sister, spouse, child, mother-in-law, father-in-law, grandparent, grandchild, and legal guardian, stepparents, stepchild, or significant other residing in the household of the employee

Requests for extension of leave may be charged to unused vacation or personal leave with approval by the Employer.

ARTICLE 26 - RELIGIOUS LEAVE

SECTION 1.

Employees shall be granted up to four (4) days off per year for religious observances, when the religious tenets of the employee prohibit them from working.  Ordinarily the leave must be requested fourteen (14) days in advance.

SECTION 2.

Employees may elect to be paid for such observances by using a vacation day, or they may take an unpaid day.

ARTICLE 27 - LEAVES OF ABSENCE

SECTION 1.

Employees may apply for one (1) leave of absence of up to ninety (90) days a year without pay and without a break in seniority.  A request for an unpaid leave of absence must be given to the Employer, in writing, at least two (2) weeks in advance of the starting date for the leave.  A leave of absence may be granted at the discretion of the Employer.

SECTION 2.

An employee who, during his leave of absence, is employed elsewhere without prior permission, or who fails to return immediately upon the expiration of his leave, shall be deemed a voluntary quit.

SECTION 3.

Employees on a Non FMLA leave of absence shall have the right to maintain health benefits at their own expense, subject to the rules of the insurance carrier.

SECTION 4.

Employees who return from a qualifying FMLA Leave of Absence will return to their former job title or a similar job at the current pay rate.

ARTICLE 28 - PERSONAL DAYS

SECTION 1.

Effective August 1, 2008, all employees who work at least twenty (20) hours per week and nine (9) months of the year shall be entitled to seven (7) personal days per year. Unused personal days will be paid out at the end of the school year. Five (5) of the personal days require the employee to give at least (5) days notice whenever possible. Two (2) of the personal days require the employee to give at least two (2) days notice

SECTION 2.

Personal leave may be used at one time or may be taken in four (4) hour increments up to eight (8) hours per day.  This leave will not be granted the day before or after a holiday or vacation period unless the employee can satisfactorily explain the necessity of the leave.  Such leave shall then be granted at the discretion of the Food Service Director.

SECTION 3.

Personal leave is to be used for personal business that cannot be attended to other than when the employee is working.  The supervisor may request a reason for such leave.

SECTION 4.

Any illness with duration of more than five (5) consecutive working days may require a physician’s statement on the first day back at regular work.  Any employee who is sick for a period of six (6) work days or eight (8) consecutive days must file a New York State Disability Insurance claim form as soon as possible to insure receipt of benefits after accumulated sick leave has expired. 

ARTICLE 29 - JURY DUTY

SECTION 1.

Employees called to serve the courts as jurors will be given time off for that day.  The Employer will pay the difference between the employee’s salary and the amount paid by the courts, for a period not to exceed ten (10) working days.

SECTION 2.

In the case of part-time employees covered by this Agreement, the average daily rate of pay will be determined in a similar manner as that for paid holidays in accordance with Section 7 of Article 24.

ARTICLE 30 - HEALTH BENEFITS

The Employer agrees to provide the Sodexo Standard 75/25 Medical Plan that is offered in this division and region outlined in Exhibit “A”.

Participation will begin the first of the month following completion of the ninety (90) days of employment.

All newly hired employees, after ninety (90) days of employment, who work thirty (30) hours or more, shall be eligible for coverage at the prescribed rates, including Dental.

Eligible employees shall be provided, subject to the enrollment and coverage requirements of the carrier, five thousand ($5,000.00) dollars of group life insurance and accidental death and dismemberment insurance under the employer’s group policy with the premium cost to be borne by the employer.

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 fifty-two (52) week period 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’s Corporate Benefits Department shall select (for example, the eligibility of employees to participate in the Standard Benefits Plans in 2016 will be determined on the basis of the hours worked or paid in the fifty two (52) week period commencing October 4, 2014 and ending October 2, 2015). No employee shall fail to be classified as full-time due to time spent on FMLA, Military (USERRA) or Temporary Unit Closing (TUC) leave.

Employees who have been employed for less than one year as of the measurement date shall be classified as full-time or part-time in accordance with the procedures used by the Employer to classify partial-year employees under the Standard Benefits Plans. In no event will an employee’s classification or change in classification be effectuated in a manner that violates the Affordable Care Act (“ACA”) or other applicable law.

Nothing in this Article shall be construed to after 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 determined 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 Plans:

So long as the Employer offers the Standard Benefits Plans in accordance with this Agreement, the Employer shall subsidize the premium at the 75/25 level Medical Plan.

The Employer shall deduct the net amount of the premium due from the Employer from each paycheck on a pre-tax basis.

SECTION 4. Dental Plan:

The Dental Plan may be offered in accordance with the terms and conditions of the plan. The Employer shall deduct the employee’s 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 set forth in the Standard Benefits Plans.

SECTION 6. 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.

SECTION 7. Waiver:

By agreeing to participate in the Employer’s Standard Benefits Plans, the Union agrees that any dispute, grievances, question or controversy concerning the interpretation or application of the Standard Benefits Plans shall be determined and resolved in accordance with 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 Plan, 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 effect on the employees. This section shall continue in effect following the expiration of this Agreement, until expressly terminated or suspended by written agreement of the Employer and the Union.

SECTION 11. Employer/Employee Premium Payments While on Temporary Unit Closing (TUC) Leave.

During the months that an employee is on Temporary Unit Closing (TUC) leave (that is, the summer months between academic years, Winter Break and Spring Break), the Employer will continue to pay its share of the cost of the premium on behalf of the employee so long as the employee continues to pay his/her share of the cost of the premium.  Employees on Temporary Unit Closing (TUC) leave will be required to make arrangements with the Employer in May, prior to the end of the academic year, as to how they will pay their share of the premium during the summer Temporary Unit Closing (TUC) leave period.  Employees who fail to timely pay their share of the premium during Temporary Unit Closing (TUC) leave periods will have their group insurance coverage cancelled.

ARTICLE 31 - MEALS

SECTION 1.

All employees regularly scheduled to work are eligible for one (1) meal provided by the Employer.

ARTICLE 32 - EXPENSES

SECTION 1.

Automobile Expenses:  Whenever an individual employee is requested and authorized to use his privately owned vehicle on behalf of the Employer, then the Employer shall reimburse the employee at the maximum rate allowable by the IRS for each mile of such use, and shall reimburse the employee for all parking fees or tolls incurred.

SECTION 2.

Uniforms:  The Employer shall provide five (5) uniforms for each employee upon hire, replaced as needed, at no cost to the employee. The employer will provide one (1) uniform shirt per year for Special Events, replaced as needed, at no cost to the employee. The employer will reimburse employees for up to $70.00 annually for the purchase of approved safety shoes.

ARTICLE 33 - PERSONAL WORK

SECTION 1.

No employee shall be required to perform a service that is personal in nature, or not work-related.

ARTICLE 34 - LAY-OFFS AND WORK FORCE ADJUSTMENTS

SECTION 1.

Whenever, in the judgment of the Employer, there exists an occasion for lay-offs from employment, the Employer agrees to give the Union fourteen (14) days notice before putting any lay-offs into effect, unless extenuating circumstance exist.

SECTION 2.

In designating which positions within the bargaining unit have the same or similar titles, for purposes of lay-offs, only official titles will be considered.

SECTION 3.

The order of lay-off among employees holding the same or similar titles as abolished positions will be:

• Student Help
• Occasional
• Temporary
• Probationary
• Permanent

SECTION 4.

Those employees who have not completed their probationary service will be subject to lay-off before those who have permanent status, and among those who have not completed their probationary service, the order of lay-offs will be determined as if such employees were permanent.

SECTION 5.

In the event of a layoff of an employee, the least senior employee will be laid off so long as the remaining bargaining unit employees meet the qualifications to perform the remaining bargaining unit work. If the more senior employee who is to perform the remaining bargaining unit work does not meet the qualifications / skills required for the position, the General Manager and the Business Agent of the Unit or his designee will meet to discuss a mutually agreeable solution.

SECTION 6.

Employees being laid off should consider the move as permanent and are encouraged to seek other employment; however the re-employment privileges exist as vacancies occur under the following conditions:

1. Laid off employees with the most seniority will be given preference in filling vacancies in the same or similar positions from which the employees were laid off.

2. Laid off employees may be given preference in filling vacancies in lower level positions than the ones from which the employees were laid off.

3. Laid off employees may apply for openings at a higher level than their former positions and will be given preference.

4. Performance prior to the lay-off must have been satisfactory.

5. Laid off employees will lose any re-employment privileges by not applying for the same or similar position as the one from which the employees were laid off and not accepting it if offered.

SECTION 7.

In cases of permanent layoffs the Employer shall make payment of two (2) weeks pay for each five (5) years of continuous service at the time of layoff.

ARTICLE 35 - HEALTH AND SAFETY ON THE JOB

SECTION 1.

The Communications Workers of America and the Employer agree that the safety of each employee in the bargaining unit is a concern of the Employer and the Union.

SECTION 2.

The Employer agrees that it has the responsibility and will make reasonable efforts to provide, maintain, and supervise working conditions and equipment at all times and will comply with the appropriate and applicable Federal, State, and local statutes and regulations regarding health and safety conditions.

ARTICLE 36 - PAST PRACTICE

SECTION 1.

All rights, duties and obligations provided for in this Agreement, relating to the Union, the Employer and the employees to whom this Agreement is applicable are set forth in this Agreement.  This Agreement supersedes all prior, current or subsequent agreements, commitments and practices, whether oral or written, which have been, are, or will be assumed by the Employer.  All such rights, duties and obligations under this Agreement terminate upon the termination of this Agreement.

ARTICLE 37 - SNOW DAYS

SECTION 1.

Snow days are defined as days when school has been canceled due to inclement weather and neither the teachers nor the students are in school.  The employees in this bargaining unit are not expected to report for work on snow days.  However, if an employee is required by his supervisor to report for work on a snow day, said employee will be paid one and one-half (1½) times the regular rate of pay for all time worked.  If the school is canceled or dismissed early due to inclement weather, and the employee’s hours are cut by management while at work the employee will be paid for the remainder of the normally scheduled work hours at their regular rate of pay. If the employee goes home on their own volition and there is work to be done as determined by Management, the employee will not be paid for the remainder of the day not worked.

ARTICLE 38 - TECHNOLOGICAL CHANGES

SECTION 1.

The Employer shall give the Union reasonable advance notice of the scheduled introduction of technological changes that may reasonably be expected to result in:

• Reduction or downgrade of bargaining unit employees,

• Substantial change in employee’s job,

• Substantial; change in the nature of work in a particular job classification.

  Notification will include a description of the nature of the change(s), including the location of the automation and anticipated effects on personnel; listing of job titles to be affected and the anticipated date of the change(s).

  SECTION 2.

  The Employer will meet with the Union upon request at a mutually agreeable time to discuss ways of softening the impact of automation upon the affected employees.  The discussion will include consideration of whether and to what extent training might be appropriate.

ARTICLE 39 - EMPLOYEE PARKING

SECTION 1.

The Employer will provide adequate parking spaces for Sodexo employees assigned to the cafeteria, to the extent that Dutchess Community College makes available.

ARTICLE 40 - NEGOTIATIONS

SECTION 1.

The parties agree that all negotiable items have been discussed during the negotiations leading up to this Agreement and that negotiations will not be reopened on any item, whether contained in this Agreement or not, during the life of this Agreement, unless both parties mutually agree.

ARTICLE 41 - SEPARABILITY OF PROVISIONS

SECTION 1.

In the event any Article or portion of this contract is declared invalid or illegal, by any court of competent jurisdiction or by any rule and regulation of law of a Federal, State, or Municipal agency, only the Article or portion of this contract found invalid or illegal shall be invalidated and the rest of the provisions of this contract shall remain in full force and effect.

ARTICLE 42 - CREDIT UNION

SECTION 1.

All employees are eligible to participate in a credit union.

ARTICLE 43 – TEMPORARY TRANSITIONAL DUTY PROGRAM- NEW ARTICLE

SECTION 1.

In order to facilitate the return to work of an employee who has suffered an on-the-job injury or illness, the Company may implement a Temporary Transitional Duty program, to provide a temporary, modified work assignment until the employee reaches Maximum Medical Improvement, but in no case longer than ninety (90) calendar days.

SECTION 2.

Prior to offering a Temporary Transitional Duty assignment to an employee, the Company will give the Union three business days’ notice of the proposed position and modifications.  If the Union objects to the assignment for good cause, the Company will delay implementation of the proposed assignment for up to five additional business days, during which time the parties will meet (in person or by telephone) to review and attempt to resolve the Union’s objections.  If the parties are unable to agree, the Company may proceed with implementation of the assignment and Union may pursue the matter through the grievance and arbitration procedure.

SECTION 3.

No employee shall disciplined for rejecting a Temporary Transitional Duty assignment.  However the rejection may have an impact on the employee’s entitlement to workers’ compensation benefits, depending on the applicable state workers’ compensation law.

SECTION 4.

Nothing herein shall be deemed to require the Company to offer a Temporary Transitional Duty assignment to any employee.  No Temporary Transitional Duty assignment may be extended beyond ninety (90) days. No Temporary Transitional Duty assignment may become permanent without the express written consent of the parties.

SECTION 5.

Nothing herein shall be construed to add to diminish the obligations of the parties under the Americans with Disabilities Act and/or state or local law relating to accommodation of disabilities.

ARTICLE 44 - TERMS OF AGREEMENT

SECTION 1.

Changes or alterations of this Agreement may be made only by the agreement of the parties signatory to this Agreement and then only as executed in writing.

SECTION 2.

This Agreement shall be effective as of August 1, 2014 and shall continue in effect through July 31, 2017.

Where notice to amend the Agreement is given, the provisions of this Agreement shall continue in force until a new Agreement is signed or the right to strike or lock out occurs.

IN WITNESS WHERE OF THE PARTIES HAVE DULY EXECUTED THIS AGREEMENT.

FOR THE COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO

__________________________________                Date:  ______________________

__________________________________                Date:  ______________________

__________________________________                Date:  ______________________

__________________________________                Date:  ______________________

FOR SDH EDUCATION EAST, LLC,

A SUBSIDIARY OF SODEXO, INC.,

AT DUTCHESS COMMUNITY COLLEGE

__________________________________                Date:  ______________________

__________________________________                Date:  ______________________

Exhibit A

Medical Insurance Program

Weekly Medical Premium

Employee Weekly Medical Premium – Effective 8/1/14 for the Sodexo PPO Plan:

                                                                                                Employee/Single:                                          $29.80

                                                                                                Employee+Spouse/Dep.                         $78.68

                                                                                    Employee+Child/Children         $60.80

                                                                                                Employee=Family                                         $110.86

The above rates are for the Sodexo PPO Plan (Cigna) for the 2014 enrollment year only. Employee contribution rates and plan availability may change from year to year as directed by the 75/25 Plan.     

Exhibit B

Dental Insurance Program

Employee Weekly Dental Premium – Effective 8/1/14 For the Sodexo Dental Plan:

Employee/Single:                                            $4.02

Employee+Spouse/Dep:                    $8.04

Employee + Child/Children:    $8.36

Employee + Family:                           $14.08

The above rates are for the Sodexo Dental Plan for the 2014 enrollment year only. Employee Contribution rates and plan may change from year to year as directed by the Plan.

Exhibit C

401(k) Plan

Sodexho will contribute fifty cents (50¢) for every dollar of the Deferred Pre-Tax Savings you make up to six percent (6%) of your pay.  This is the current amount of Sodexho’s Matching Contribution, but it may be changed by the Board of Directors prior to the beginning of any Plan Year.

You are always one hundred percent (100%) vested in the value of your own savings; you become vested in Sodexho’s Matching Contributions no later than when you complete five (5) years of service, reach age sixty-five (65), or in the event of your disability or death.

Each eligible employee will be automatically enrolled in the plan 30 days from their first date of work. All employees who are at least 21 years of age are eligible to participate. Employees may opt out of the plan, or they may change their contribution rate at any time after enrolled. The Plan will be administered per Plan requirements.

Exhibit D

Side Letter Regarding Longevity payment for Joann (Jodi) Hess

This Side Letter Agreement, by and between Sodexo and the Communications Workers of America, AFL-CIO, is intended to modify the attached Collective Bargaining Agreement, particularly Article 19, Salary Increases. In consideration of the agreements set forth in the attached Collective Bargaining Agreement, the parties hereby agree to the following:

Joann (Jodi) Hess will be eligible for $0.21 longevity increase for her 20 years of service effective 8/1/11. All other longevity payment language in the contract is hereby stricken from the collective bargaining agreement.