WESTERN STATES OFFICE AND 

PROFESSIONAL EMPLOYEES PENSION 

FUND

SECOND SUSPENSION APPLICATION

Exhibit 15 

(Part 4 of 12)

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AGREEMENT

Between

OFFICE AND PROFESSIONAL EMPLOYEES INTERNATIONAL UNION

LOCAL NO. 30

And

ZENITH AMERICAN SOLUTIONS

June 1, 2016 Through May 31, 2019 

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of the conclusion of mediation. The parties will request a list of seven (7) qualified 

arbitrators and shall make their selection by exercising mutual strikes until one name 

remains. For the first arbitration under the term of this Agreement, the parties will 

toss a coin to determine who strikes first. The first strike shall then be alternated for 

each successive arbitration panel struck. The decision of the Arbitrator shall be final 

and binding upon the parties. The costs of mediation shall be equally shared by the 

parties. Each party shall be responsible for the preparation and presentation of their 

own case.

 

ARTICLE 15 - HEALTH AND WELFARE

Section 1. Each Employee will contribute twenty percent (20%) of the monthly premium 

(bi-weekly) towards their Health and Welfare coverage through the OPEIU Local 

30 & 537 Health & Welfare Plan. The Employer will pay the balance of these 

costs. 

The above Health and Welfare premium sharing splits will apply up to a 

maximum premium increase for the employer of 8% (resuming January 1, 2014). 

Any amount above the eight percent (8%) shall be paid by the employee; 

however, if any future H&W increase exceeds 10% in a given year, the parties 

will work in partnership with each other to seek and secure alternative coverage. 

Section 2. The Employer shall provide, at no cost to employees covered by this Agreement, 

Short Term Disability (STD) and Long Term Disability (LTD) programs. These 

are income replacement programs at 60% (STD) and 50% (LTD). Employees 

shall also be eligible to purchase up to 60% tax free LTD replacement benefits.

ARTICLE 16 - PENSION

Section 1. The Employer agrees to contribute to the Western States Office and Professional 

Employee Pension Trust Fund a contribution on behalf on each employee the 

below listed rates per each hour worked. The contribution for probationary 

employees shall start on the first of the month following their three (3) month 

probationary period. 

Effective date and contribution rate: January 1, 2012 $2.00 

Section 2. This shall apply to all employees not presently covered by another pension plan 

which is completely Employer paid.

Section 3. Regular part-time employees who work thirty-two (32) hours per week shall be 

covered by the provision of this article. 

EXHIBIT 15 (PART 4 of 12) Page 11 of 151
Section 4. The Memorandum of Agreement to Adopt the Rehabilitation Plan signed by the 

Employer on March 20, 2012, shall be incorporated into this CBA. This includes 

the Rehabilitation Plan Schedule and the Employer agrees to contribute to the 

Plan at the rates under this CBA and the applicable Rehabilitation Plan schedule. 

(Incorporate the Rehabilitation Plan into the CBA)

ARTICLE 17 - SUBCONTRACTING

It is recognized that the Company and the Union have a common interest in protecting work 

opportunities for employees covered by this Agreement and employed on a regular basis. 

The Company maintains the right to subcontract unit work that is in jeopardy of assessment of 

penalties due to failure to meet contracted, compliance, or regulatory standards. However, the 

Company will not subcontract such work without first advising the Union of the decision. The 

Union will have an opportunity to explore and present alternative ideas providing similar cost 

savings or productivity enhancements as the proposed subcontracting provides. If the Company 

and the Union are unable to reach an agreement on the proposed subcontracting, and the 

Company determines that it intends to proceed with subcontracting such work out, the Company 

shall notify the Union and offer to meet with the Union to discuss the effects of the decision. 

If the Company subcontracts bargaining unit work, the Company agrees to maintain, during the 

duration of the subcontracting, 100% of the number of regular, full time bargaining unit positions 

performing such work and employed at the time of the transfer.

Such subcontracting of bargaining unit work shall not be initiated within sixty (60) days after a 

layoff of an employee performing such work and will be of temporary duration not to exceed 

more than (twelve) 12 months. 

ARTICLE 18 - BONDING

When the Employer requires a Fidelity Bond on an employee, the premium of said bonds shall 

be paid by the Employer. 

ARTICLE 19 - TECHNOLOGICAL CHANGES

Section 1. In the event of proposed technological changes, such as the introduction of data 

processing equipment, software, computers or other automated machines into the 

office, the Employer agrees to discuss such changes with the Union 

Representative before such changes are made.

Section 2. Notice of jobs created by the introduction of such equipment shall be posted on 

the bulletin board of the Employer. This notice will remain on the bulletin board 

for two (2) working days and will include the job title, labor group classification, 

EXHIBIT 15 (PART 4 of 12) Page 12 of 151
however, that the Employer will give the Union timely notice of any such claim 

and an opportunity to defend it. 

ARTICLE 23 - UNION SHOP CARD

The Employer agrees to permit the display of a Union Shop Card, signifying that the office is 

staffed by members of the Office and Professional Employees International Union, Local No. 30, 

AFL-CIO, and under Agreement with the Union. This card is to be the property of the Union. 

ARTICLE 24 – UNION BULLETIN BOARD

The Employer shall provide a Union Bulletin Board to be posted regarding non-controversial 

Union business (i.e., meetings, charity drives, money raising campaigns, etc.) Such notices must 

be approved by the Office Manager before posting. 

ARTICLE 25-SEVERABILITY

In the event that any provisions of this Agreement shall be found contrary to any State or Federal 

statute or decision, then such provision shall be deemed null and void, and its exclusion shall in 

no manner, affect the balance of this Agreement. 

ARTICLE 26-NO STRIKE/NO LOCKOUT

During the term of this Agreement there shall be no strike or lockout. No employee shall engage 

in and neither the Union nor any employee shall induce, encourage or incite any employee to 

engage in any form of strike, work slowdown, work stoppage or any other form of disruption of 

work. The Union shall take all reasonable and/or appropriate steps to cause any employee who 

engages in conduct in violation of this provision to cease such conduct. No employee shall 

refuse to cross a picket line established by any labor organization if such refusal would result in 

the employee’s failing to perform work for the Employer hereunder. 

Any dispute under this Agreement, or any dispute resulting in conduct volatile of the preceding 

paragraph, whether such dispute is “under” this Agreement or not, shall be subject to the 

provisions of Article 14 – Grievance and Arbitration Procedure, of this Agreement. Such 

dispute is otherwise excluded from this Agreement. 

ARTICLE 27-DURATION

This Agreement shall be in full force and effect on June 1, 2016, through and including the 31st

of May 2019, and shall be automatically renewed from year to year unless the Union or signatory 

Employer serves upon the other a ninety (90) day written notice of desire to modify, amend or 

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COLLECTIVE BARGAINING AGREEMENT

by and between

OFFICE AND PROFESSIONAL EMPLOYEES

INTERNATIONAL UNION LOCAL #5, AFL/CIO

and

TRADE UNION OFFICES NEGOTIATING COMMITTEE

on behalf of 

Denver Firefighters Local #858 Denver Theatrical Stage Employees 

 Union Local #7 

IAMAW Local Lodge 1886 

 

May 1, 2015 

to and including 

April 30, 2018 

EXHIBIT 15 (PART 4 of 12) Page 56 of 151
ARTICLE 22 – PENSION

22.1 Effective May 1, 2015 the Employer agrees to contribute to the Western States 

Office and Professional Employees Pension Fund a contribution of one dollar and 

fifty cents ($1.50) per straight time hour, on behalf of each employee. The 

bargaining unit employees (by individual office) may elect to put any amount of 

their negotiated wage rate into pension. 

22.2 The Employer contributions, as provided herein, shall be made on eligible 

employees on the effective date, except for the employees serving their thirty (30) 

day probationary period. The contributions for probationary employees shall start 

on the first of the month following the thirty (30) day probationary period. This 

shall apply to all employees not presently covered by another pension plan which 

is Employer paid.

22.3 If an employee is injured on the job, the Employer shall continue to pay the 

required contributions for a period of three (3) months following the end of the 

month in which the injury occurs. The Employer shall continue payments for a 

minimum of ten (10) days for any employee on sick leave up to the maximum 

accumulated by the employee.

22.4 Regular or part-time employees who work seventy (70) or more hours per month 

shall be covered by the provisions of this Article. This shall not apply to extra 

help covering for vacation periods, or sick leave which does not exceed thirty (30) 

days.

22.5 The Employer agrees that if the employee chooses, they will withhold the 

employee contribution to the 401K plan set up by OPEIU #30. The employee 

may contribute at least 5%, but not more than 25% of his/her gross salary to this 

plan. FICA and Medicare taxes will be withheld but these contributions will not 

be subject to Federal and State taxes. The employee shall bear any administrative 

fees.

22.6 Effective with the May, 2012 hours paid, all of the Employers, who have not 

already done so, agree to adopt the Pension Rehabilitation Plan and to contribute 

on behalf of each employee the contribution amount listed in the Updated 

Supplemental Contribution Schedule provide by the Trustees of the Western 

States Office and Professional Employees Pension Fund. Should the Contribution 

Schedule change in any subsequent years, the Employer shall adopt the newest 

yearly schedule presented by the Trustees of the Fund. If the Fund releases the 

Employer from the obligation to pay according to any Contribution Schedule, 

then the pension contribution shall be the amount contained in Article 22.1. 

EXHIBIT 15 (PART 4 of 12) Page 57 of 151
30.2 The Employer will use its best effort to hold in private any discussion of 

discipline of an employee or of deficiencies in the employee’s performance. 

30.3 The employees agree to perform their duties, timely and in an appropriate and 

professional style and form. 

30.4 If a discussion with an employee is to be considered to be a disciplinary 

discussion, the employee will be told in advance so said employee can be afforded 

Union representation if he/she so desires.

ARTICLE 31 – VOTE

31.1 Employees who are eligible and registered to vote shall receive one (1) hour with 

pay to vote provided they have given twenty-four (24) hours notice. 

ARTICLE 32 – TERM OF AGREEMENT 

32.1 This Agreement shall be in full force and effect from the first day of May, 2015 to 

and including the thirtieth (30th) day of April 2018, and shall continue in full force 

and effect from year to year thereafter unless the Agreement is terminated or 

changed pursuant to the following conditions: 

(A) If either party elects to terminate the Agreement, such party 

shall, on a date not less than sixty (60) days, nor more than 

ninety (90) days prior to expiration date of the Agreement, 

give written notice to the other party of intention to 

terminate, and by such action, the Agreement shall for all 

purposes, terminate as of the expiration date of the 

Agreement.

(B) If either party elects to change any of the provisions of the 

Agreement, such party shall, on a date not less than sixty 

(60) days nor more than ninety (90) days prior to the 

expiration date of the Agreement, given written notice to 

the other party. 

(C) If either party is served with notices of desire to change or 

modify this Agreement, negotiations must commence 

within fifteen (15) days of such notice, which time may be 

extended by mutual agreement.

(D) This Agreement constitutes the entire contract between the 

two parties. Memorandums of Understanding relating to 

individual offices may be negotiated as separate from this 

master Agreement. Memorandums of Understanding will 

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1

 

AGREEMENT 

between 

INTERNATIONAL BROTHERHOOD OF ELECTRICAL 

WORKERS 

LOCAL UNION #1116 

And 

OFFICE & PROFESSIONAL EMPLOYEES INTERNATIONAL 

UNION LOCAL #30

AUGUST 1, 2014 THROUGH JULY 31, 2017 

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ARTICLE XXI - UNION LABEL AND UNION SHOP CARD 

SECTION 1. The privilege of using the Union Label may be extended to all 

Union Member employees as long as this Agreement remains in full force and 

effect, and so long as the Employer fulfills all of its terms and conditions. 

SECTION 2. The Employer agrees to permit the display of a Union Shop Card, 

signifying that the office is staffed by members of the Office and Professional 

Employees International Union, Local No. 30, AFL CIO CFL, and under 

Agreement with the Union; this card to be the property of the Union. 

ARTICLE XXII – PENSION, SEP IRA Plan, 401(k) Plan and Qualified ROTH 

IRA 

SECTION 1. Regular fulltime office employees currently covered under this 

Agreement will continue to be covered under the Western States Office and 

Professional Employees Pension Trust Fund. Accordingly, the Employer agrees 

to make contributions on behalf of all eligible employees in the amount of $3.00 

per hour. 

Employees hired as of August 1, 2014 will be enrolled in a Pension Plan under a 

SEP IRA Plan. 

A contribution on behalf of each employee will be made to the applicable plan in 

the amounts of: 

 

Effective August 1, 2014 – 10% per month based on the employees 

monthly base income, but not to exceed the IRS Limits. 

The Employer agrees to make contributions in accordance with the above for all 

eligible Regular fulltime employees. 

SECTION 2. The Employer and the employees agree to be bound by the terms 

and provisions of the Trust Agreement and amendments thereto, of the Western 

States Office and Professional Employees Pension Trust Fund or of any other 

Fund. 

SECTION 3. Employees will be allowed to participate in a 401(k) Plan approved 

by the employer. The Employer will forward an amount (designated by the 

employee) to be deducted from the employee’s wages for remittance to the 

designated 401(k) Plan. 

SECTION 4. Regular full time employees may participate in a ROTH IRA 

Account as follows: 

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ARTICLE XXV - TERM OF AGREEMENT 

All terms of this Agreement shall remain in full force and effect until July 31, 

2017, and shall be automatically renewed from year to year, unless the Union or 

Employer serves upon the other written notice by certified mail of desire to 

modify, amend, or terminate this Agreement, in which case, the written notice 

shall be given at least sixty (60) but not more than seventy-five (75) calendar 

days prior to the expiration date of this Agreement, or to the expiration of any 

automatic yearly extension. 

IN WITNESS WHEREOF, The parties being duly authorized have hereunto set 

their official seals, duly attested, this 3

rd day of October 2014. 

INTERNATIONAL BROTHERHOOD OFFICE & PROFESSIONAL EMPLOYEES 

OF ELECTRICAL WORKERS LOCAL INTERNATIONAL UNION LOCAL NO. 30 

#1116 AFL CIO 

_______________________________________ ___________________________________________

Frank R. Grijalva, Business Manager Walter Allen Jr. 

4601 S. Butterfield Drive Executive Director / CFO 

Tucson, Arizona 85714 OPEIU Local 30 

 

________________________________ 

Elvira V. M. Acosta, Negotiating 

Committee 

 

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