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CATEGORY II WORK VIOLATIONS <br />1. Theft, misappropriation or removal of property belonging to the Company or other individuals. <br />2. Violations of narcotic laws and/or violation of Company policy regarding the possession, use or dispensing of <br />drugs. <br />3. Immoral or indecent conduct. <br />4. Verbally or physically abusive with customers or co-workers. <br />5. Falsification of payroll records, employment application, misrepresentation of leave of absence, false <br />statement on medical reports or intentionally giving false information relating to employment or Company <br />records. <br />6. Unauthorized possession or use of weapons on Company premises or locker. <br />7. Two (2) consecutive scheduled work days off with No Call or No Show or habitual No Call No Show. This <br />includes habitual tardiness. <br />8. Sleeping or assuming the posture or appearance of sleeping at any time during the shift including breaks and <br />lunch period. <br />9. Subordination, which shall include, but not be limited to the refusal to work scheduled hours, or refusal or <br />failure to accept and perform job assignments or carry out instructions as directed by the foreman or Project <br />Manager. Unless such compliance clearly exposes the employee to an immediate health or safety hazard, or <br />is beyond the limits of his/her professional licensure, the employee must perform the assigned task. Any <br />complaint can be taken up later with management. If appropriate the employee may be sent home without <br />pay. <br />10. Damaging or abusing Company property (equipment), jobsite, valuables, or any person through carelessness <br />or negligence. <br />A. The policy of the company will be that the violator will compensate either by personal check or <br />through payroll deduction the value of the damage. <br />11. Negligent conduct or work performance. <br />B. The policy of the company will be that the violator will correct the work performance without <br />reimbursement through payroll for the time to rectify the work. <br />12. Impaired ability to perform the job safely and completely due to alcohol or drugs or the unauthorized <br />possession or consumption on company or customer's premises. <br />13. A total of three (3) written warnings and/or disciplinary probation in any combination in Category I or II issued <br />in a two (2) year period. <br />C & E EXCAVATING, INC. RESERVES THE RIGHT TO TERMINATE EMPLOYMENT AT <br />THEIR DISCRETION. <br />10 <br />