14 - DRAFT Attachment 0004 - CBA WSMR MSS 2023 - 2026 Final.pdf

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

SOUTHWEST RANGE SERVICES, LLC

AND ITS RESPECTIVE JOINT EMPLOYERS (“THE COMPANY”)

AND

THE INTERNATIONAL ASSOCIATION OF MACHINISTS

AND AEROSPACE WORKERS, AFL/CIO

AND ITS WHITE SANDS LODGE #2515,

ALAMOGORDO, NEW MEXICO (“THE UNION”)

TERM OF AGREEMENT

APRIL 01, 2023 THROUGH MARCH 31, 2026

INDEX

SUBJECT PAGE NO.

ARTICLE 1 - PURPOSE OF AGREEMENT

ARTICLE 2 - RECOGNITION

ARTICLE 3 - SUCCESSORSHIP

ARTICLE 4 - MANAGEMENT RIGHTS

ARTICLE 5 - NO STRIKE - NO LOCKOUT

ARTICLE 6 - CONTRACTING OUT WORK

ARTICLE 7 - NON-DISCRIMINATION - EQUAL TREATMENT

ARTICLE 8 - UNION SECURITY

ARTICLE 9 - CHECK-OFF

ARTICLE 10 - UNION STEWARDS

ARTICLE 11 - VISITATIONS

ARTICLE 12 - NON-BARGAINING UNIT INDIVIDUALS

ARTICLE 13 - SENIORITY

ARTICLE 14 - REDUCTION IN FORCE (RIF)

ARTICLE 15 - SEVERANCE PAY

ARTICLE 16 - RECALL FROM LAYOFF

ARTICLE 17 - PROMOTIONS AND RECLASSIFICATIONS

ARTICLE 18 - HOURS OF WORK

ARTICLE 19 - OVERTIME

ARTICLE 20 - SHIFT DIFFERENTIALS

ARTICLE 23 - IRREGULAR HOURS

ARTICLE 22 - TURNAROUND TIME

ARTICLE 23 - UNSCHEDULED RECALL TO WORK

ARTICLE 24 - LEADS

ARTICLE 25 - HOLIDAYS

ARTICLE 26 - VACATIONS

ARTICLE 27 - LEAVES OF ABSENCE

ARTICLE 28 - SICK / PERSONAL LEAVE

ARTICLE 29 - CROSS-TRAINING

ARTICLE 30 - CROSS UTILIZATION

ARTICLEO 31 - ALCOHOL AND DRUG USE

ARTICLE 32 - HEALTH AND SAFETY

ARTICLE 33 - JOB CLASSIFICATIONS

ARTICLE 34 - GRIEVANCE PROCEDURE

ARTICLE 35 - ARBITRATION

ARTICLE 36 - GENERAL

ARTICLE 37 - HEALTH INSURANCE AND OTHER BENEFITS

ARTICLE 38 - SAVINGS CLAUSE

ARTICLE 39 - FULL AGREEMENT

ARTICLE 40 - DURATION OF AGREEMENT

APPENDIX A

HEALTH INSURANCE, OTHER INSURANCE BENEFITS, 401(K) PLAN

APPENDIX B

IAM PENSION PLAN

INTRODUCTION TO APPENDIX C

RATES OF PAY

APPENDIX C

EMPLOYEE PAY RATE SCHEDULE

APPENDIX D

OVERTIME DISPARITY

ARTICLE ONE

ARTICLE 1 - PURPOSE OF AGREEMENT

1.00 This agreement is made and entered into by and between Southwest Range Services, LLC (SRS) , and its respective joint employers, C. Martin Company, Inc., DirectViz Solutions, LLC, ORSA Technologies, LLC, SA-TECH, TECH SYSTEMS, Inc., ZIA Engineering and Lukayva, Inc.

(hereinafter referred to as the Company) and the International Association of Machinists and Aerospace Workers, AFL/CIO and its White Sands Lodge #2515, Alamogordo, New Mexico (hereinafter referred to as the Union).

2.00 The purpose of this Agreement is to ensure industrial peace. To this end, it is recognized that there must be mutual understanding, harmony and cooperation among employees and between employees and the Company, and the Union and the Company; that operations must be uninterrupted and duties faithfully performed in order for the Company and its employees to fulfill their mutual and vital responsibilities to both the public and to the Government; and that the business of the Company must be operated with economy and efficiency with due regard to White Sands Missile Range budgetary restraints and competitive conditions. It is recognized by the Agreement to be the duty of the Company, the Union, and the employees to cooperate fully, both individually and collectively, for the advancement of said conditions.

3.00 It is agreed that the parties desire to enter into this Agreement to establish wages, hours, and working conditions and to provide for the peaceful settlement of disputes and grievances that may arise affecting the employees covered hereby.

4.00 NOW, THEREFORE, the Parties agree as follows:

ARTICLE TWO

ARTICLE 2 - RECOGNITION

1.00 The Company recognizes the Union as the sole and exclusive collective bargaining agent for all employees of the Company as certified by the National Labor Relations Board Case No. 28-RC- 5548, dated July 23, 1998 as follows:

1.01 All hourly paid employees employed by the Company who were certified by the National Labor Relations Board, Case No. 28-RC-5548, dated July 23, 1998.

1.02 Excluded are managers, professional employees, confidential employees, salaried employees, construction workers covered by the Davis Bacon Act, guards, watchmen and supervisors as defined by the National Labor Relations Act, as amended.

2.00 The use of the word "employee" or "employees," as used in this Agreement refers to all persons covered by this Agreement regardless of sex. Any reference by gender, e.g., he, his, her, hers, applies to either sex.

ARTICLE THREE

ARTICLE 3 - SUCCESSORSHIP

1.00 The provisions of this Agreement shall be binding upon the Company and its successors, assigns or future purchasers and all of the terms and obligations herein contained shall not be affected or changed in any respect by the consolidation, merger, sale, transfer, or assignment of the Company or any or all of its property, or affected or changed in any respect by any change in the legal status, ownership, or management of the Company. It is the intent of this Article to promote industrial peace and harmony, to ensure continuity of employment and representation, to maintain the current and prospective level of wages, benefits, and working conditions contained herein and further to protect the gains made in said wages, benefits, and working conditions derived through good faith collective bargaining regardless of the identity of the employer organization having jurisdiction over the work of this Bargaining Unit. Any remedy for an alleged violation of this article shall be only against the successor, assignee, or future purchaser.

ARTICLE FOUR

ARTICLE 4 - MANAGEMENT RIGHTS

1.00 The Company shall have full and exclusive rights, subject to the terms of this Agreement, of managing the business, including, but not limited to, the direction of the work force, the right to plan, direct, and control all business operations, the assignment of duties, and qualifications of employees to perform work, scheduling of all hours of work and other aspects of production and business methods and the determination of quality standards, right to hire, promote, demote, and transfer employees, to cross-utilize employees, to discipline, suspend or discharge for just cause, lay off or relieve employees from duties, change or eliminate existing jobs or create new jobs, and establish rules of conduct. Any of the rights, powers, functions, or authority not specifically abridged by the Agreement are retained by the Company.

ARTICLE FIVE

ARTICLE 5 - NO STRIKE - NO LOCKOUT

1.00 It is expressly understood and agreed that the business of the Company is directly related to the important and vital work of the United States Government and the various missions of White Sands Missile Range (WSMR), and that efficient and uninterrupted services must be furnished to those agencies who have need of and make use of the capabilities of the WSMR. Therefore, the parties agree that during the term of this Agreement:

1.01 The procedure provided herein for the settlement of grievances shall serve as a means for peaceful settlement of all disputes that may arise between the Parties.

1.02 Neither the Union, its officers, or agents shall authorize, encourage, or sanction any unauthorized strike, sit down, work stoppage, stay in, slow down, refusal to work, refusal to work overtime, picketing, or any other action (including sympathy strike or related activities) which would interrupt or interfere with any of the operations of the Company.

1.03 Any employee or employees, individually or collectively, who shall engage in the conduct prohibited in this Article, or who shall cause or take part in any violation of this Article may be disciplined or discharged by the Company.

1.04 In the event of a violation of this Article, the Union, its officers or agents agree that they will use their best effort to end such prohibited conduct, utilizing every possible means to include:

a. Requesting through personal contact or meeting with employees that they comply with the Agreement and not take part in any prohibited conduct.

b. Notification to all employees that such prohibited conduct is unauthorized and in violation of the Agreement.

c. Requesting those violating this Agreement to return to work and/or otherwise fully comply with the terms of this Agreement.

1.05 The Company agrees it will not engage in any lockout of its employees.

ARTICLE SIX

ARTICLE 6 - CONTRACTING OUT WORK

1.00 The Company agrees that during the term of the Agreement it will not subcontract work of the kind and character performed by the Bargaining Unit employees for the sole purpose of laying off Bargaining Unit employees or eroding the Bargaining Unit.

2.00 It is the intention of the Company to engage in its practice of subcontracting work where the Company determines that such work cannot be effectively and economically performed by its own employees due to lack of time, skills, tools, equipment, facilities, or available manpower.

The Company also will comply with the subcontracting requirements of its Government contract or when the customer directs the Company to subcontract work.

3.00 The Company agrees that it will notify the appropriate Chief Steward and Business Representative in writing / via email of those situations when the Company plans to subcontract such work, including the circumstances surrounding the need to subcontract prior to actually commencing such work.

ARTICLE SEVEN

ARTICLE 7 - NON-DISCRIMINATION - EQUAL TREATMENT

1.00 There shall be no discrimination by the Company, any employee, or the Union against any employee or applicant for employment because of sex, race, national origin, creed, age, disability, genetics, veteran status, or because of legitimate Union activity or membership or non-membership or any status protected by applicable federal, state or local laws or regulations. The parties also agree to comply in all respects with all applicable laws and Executive Orders regarding nondiscrimination and equal treatment.

ARTICLE EIGHT

ARTICLE 8 - UNION SECURITY

1.00 All employees covered by this Agreement will either be members of the Union or “agency fee payers.” Agency fee payers (nonmembers) meet their monthly obligations by the payment of an equivalent agency fee, which represents the Union’s cost of representing the employee for the purpose of collective bargaining, and will be required to authorize deduction of the applicable agency fee. Such employees have a legal right to file objections to funding expenditures that are “nongermane to the collective bargaining process.” Refusal to pay applicable dues or fees shall result in termination.

2.00 Upon completion of sixty (60) days, all employees covered by this Agreement will be required as a condition of continued employment to authorize deductions for such dues or fees in accordance with the Check-Off Article contained herein.

3.00 All employees who are members of the Union upon the effective date of this Agreement, and all employees who thereafter join the Union during the term of the Agreement, shall as a condition of employment maintain their membership during the term of the Agreement; except that upon each annual anniversary date of the Agreement thereafter, a member may serve written notice to the Union within a five (5) calendar day period prior to the anniversary date that he no longer desires to be a member, in which case his resignation shall be effective the month following receipt of written notice.

4.00 The Company will within ten (10) work days of receiving written notice from the Union terminate any employee who does not comply with the provisions of this Article.

5.00 The Union shall indemnify and hold the Company harmless against any and all claims, demands, suits or other form of liability that may arise out of or by reason of any action taken or not taken by the Company in reliance upon information furnished to the Company by the Union for the purpose of complying with any of the provisions of this Article.

6.00 The Company shall provide the Union Secretary-Treasurer each month with a list of bargaining unit employees who are not having union dues withheld from their pay. The list will be provided by email no later than the last day of the following month. This list will include employee name, hire date, and employment status. The list will also include employees who have been terminated or resigned in the preceeding month.

ARTICLE NINE

ARTICLE 9 - CHECK-OFF

1.00 Upon receipt of a signed authorization from the employee involved, the Company shall deduct from the employee's pay: dues, applicable agency fees and/or other financial obligations to the Union during the period provided for in said authorization. The amount will be certified by the Secretary Treasurer of the local Lodge. The amount deducted from the employee’s paycheck will not be altered without written notification from the Secretary Treasurer.

2.00 Deductions shall be made on account of Union dues or applicable agency fee from each bi-weekly check of the employee. Such payroll deductions shall be made by the Company beginning with the payroll period next commencing after receipt by the Company of the properly executed authorization forms and/or notification from the Secretary Treasurer.

3.00 Deductions provided in Paragraph 2.00 shall be remitted to the Secretary Treasurer of the Union no later than two (2) weeks following the last day of the month for which the deduction was made. The Company also shall furnish the Secretary Treasurer of the Union with a record of those from whom deductions have been made and the amounts of the deductions.

4.00 The Parties agree that check-off authorization shall be on form MR0001 as provided by the Union.

ARTICLE TEN

ARTICLE 10 - UNION STEWARDS

1.00 Upon execution of this Agreement, the Union shall promptly furnish the Company Human Resources Manager, in writing/email, the names of the Shop Stewards. Thereafter, the Union shall promptly advise the Human Resources Manager, in writing/email, of any change in Stewards. No Steward will be recognized as such by the Company prior to receipt of written notice of appointment.

1.01 The scope of the Steward's activities on Company time shall be limited to the following:

a. To consult with an employee regarding the presentation of a request concerning this Agreement, complaint, or grievance which the employee desires him to present.

b. To investigate a complaint or grievance before presentation to the appropriate supervisor.

c. To present a request concerning this Agreement, complaint, or grievance to an employee's immediate supervisor in an attempt to settle the matter for the employee or group of employees who may be similarly affected.

d. To meet by appointment with an appropriate supervisor or other designated representative of the Company, when necessary, to adjust grievances in accordance with the grievance procedure of this Agreement.

1.02 A Union Steward may take only reasonable and necessary time during work hours to carry out his responsibilities as set forth in paragraph 1.01 above and this time may not unreasonably interfere with assigned duties.

1.03 These activities will be carried out with minimum disruption to the operations. The Steward shall not solicit complaints or grievances.

2.00 Stewards will be elected and shall be assigned from the following locations:

South Range

(1) Main Post Area – covering Engineering & Technical Services Section, Data Sciences.

(1) Ground Targets / Small Missile Range

(1) Survivability & Vulnerability Assessment Division (SVAD) Section (to include JDETS, TTF, 300K, EMRE)

(1) Launch Support

(1) Logistics Department and Maintenance & Shops, (including Fabrication and all others)(1) AIAMD – Army Integrated Air and Missile Defense

Central Range

(1) Telemetry/Frequency Monitoring

(1) Timing Department/GPS/Telecommunications

(1) Optics Department

(1) Holloman High Speed Test Track

(1) Radar Department

(1) Maintenance & Shops & All Other

North Range

(1) All Personnel assigned to the northern part of the Range (Telecommunications, JDETS, and Frequency Monitoring)

2.01 One Chief Steward will be elected from each of the three geographic areas. These Chief Stewards will be separate from the Shop Stewards in these areas. The Chief Steward from the South Range, or his designee, will be the Union Representative participating in Company-scheduled new employee orientation meetings. For all other matters that permit and/or require the participation of a Chief Steward, the Chief Steward from the geographic area to which the matter relates will be the only Chief Steward participating.

2.02 Should the Company add sites and/or permanent shifts, the Company will contact the Union to set up a meeting to discuss additional Stewards within fifteen (15) days. Other changes in the number or assignment of Stewards will be discussed between the parties as needed.

3.00 A Steward shall secure permission from his supervisor before leaving his work station and will report back to his supervisor upon return to his work station. Permission will be granted unless operational activities are affected. Before entering the work area of another supervisor, the Steward shall contact and secure permission from that supervisor, who shall grant permission unless operational activities are affected. Upon entering the work area of another supervisor’s responsibility, the Steward will contact the supervisor and explain the nature of his visit before attempting to contact any employee. Upon his departure, the Steward will inform the supervisor in the area in which he is visiting that he has concluded his business and is leaving the work area.

4.00 It is agreed that the Company will pay Stewards and grievants for reasonable and necessary time for grievance consultations and/or grievance meetings during their regular work shifts. Such pay will be at the employee’s regular straight time rate, plus shift differential and/or Lead Premiums, as appropriate. No other premiums will be paid. The Company shall not pay for any other time a Steward or employee is removed from his work to serve the Union in any official capacity or to serve on any Union committee, except as provided in this Agreement.

5.00 It is agreed that the Union will be permitted to post on bulletin boards provided by the Company:

5.01 Notices of Union recreational affairs.

5.02 Notices of Union elections and election results.

5.03 Notices of Union appointments.

5.04 Notices of Union meetings.

5.05 The Union shall not be permitted to post any document containing any inflammatory, scurrilous or intemperate language or any language derogatory to the Company or its employees or in any way reflecting upon the Company or any of its employees.

6.00 The Chief Steward or alternate, designated by the Union, will be given reasonable time to introduce the Union and the Collective Bargaining Agreement to a new employee during the employee’s Company orientation period.

7.00 Within (10) ten work days of date of hire, the new employee’s supervisor will confirm that the employee and the Steward for the area have been or are introduced.

8.00 Should an evening or night shift employee be subject to suspension or discharge for disciplinary reasons and a Steward not be present for consultation at that time, the Company may relieve the employee of further duty for the balance of his/her work shift, with pay, to allow for subsequent discussion with his Steward before the disciplinary action is finalized.

ARTICLE ELEVEN

ARTICLE 11 - VISITATIONS

1.00 Officers and/or accredited representatives of the Union shall, upon request by the Union, be admitted to the facilities during working hours. Such representatives shall inform a member of management of the nature of their visit prior to admission to Company premises and of their departure when the visit is completed. Approval for such admission to Company premises will be granted unless operational activities require delay in time or date.

2.00 All such officers or representatives shall comply with required Government security regulations and customer requirements for protecting proprietary interests.

ARTICLE TWELVE

ARTICLE 12 - NON-BARGAINING UNIT INDIVIDUALS

1.00 Supervisory, professional, or other non-Bargaining Unit individuals shall not displace Bargaining Unit members. However, it is understood and agreed that supervisors and professional personnel may perform the work of Bargaining Unit employees covered by the Agreement under the following conditions:

1.01 For the purpose of instructing and training employees.

1.02 When an employee fails to report for work and other qualified employees are not available. It is agreed that the Company will make every effort to locate and assign qualified Bargaining Unit employees to perform the work.

1.03 When required for safety.

1.04 In circumstances which are required to ensure the quality of performance and/or the satisfaction of the Company's obligation and responsibilities as a Contractor.

1.05 In circumstances under emergency conditions which involve work such as the issue of parts or other supplies which are required for immediate mission support. Such actions are to be limited to unforeseen or unplanned needs and Bargaining Unit employees are not immediately available (on site) to perform the work.

1.06 When necessitated by security requirements.

1.07 In circumstances which involve work on systems or components under development or upgrade.

2.00 From time to time the Company may experience workload requirements that necessitate the use of a temporary employee(s). When the following condition is met, the Company may utilize temporary employees:

2.01 There are not adequate resources within the existing Bargaining Unit to staff the requirements (through cross-utilization or otherwise), and the job requirement is expected to have a duration of ninety (90) calendar days or less.

2.02 The Company will notify the area Chief Steward prior to using a temporary employee(s).

2.03 No extension beyond the ninety (90) calendar days will be granted unless agreed to in writing by the area Chief Steward and Union Business Representative. Electronic communication is an acceptable media for agreement.

2.04 Temporary employees will not accrue seniority.

3.00 Employees performing bargaining unit work whose duration of employment exceeds a total of sixty (60) calendar days or when the combined number of hours worked exceeds 320 hours in a twelve (12) month period, shall be entitled to Union Representation and will comply with the requirements of Article Eight, Union Security and Article Nine, Check-Off.

4.00 Subject to Article Thirteen, Sections 4.00 and 4.01, disputes arising out of this Article may be made the subject of the Grievance and Arbitration procedures of this Agreement.

ARTICLE THIRTEEN

ARTICLE 13 - SENIORITY

1.00 For purposes of this Article, there are two types of seniority, which are defined as follows:

Field Seniority represents the accumulated time without a break in service each employee has spent under the services of the Company or a predecessor company at the geographical area or facility, herein again referred to as the White Sands Missile Range (WSMR), New Mexico, its remote locations and off-Range sites. Field seniority will be used for the purposes of layoff, recall from layoff, and promotion as provided by this Agreement. It shall have no application, nor is it intended to apply to the accrual of benefits and like matters covered under this Agreement.

Company Seniority equals the total time that an employee has worked for the Company or a predecessor company on functions incorporated into the current Contract. Company seniority will be used for the basis of benefit accruals and like matters covered under this Agreement.

(Note: Seniority dates of employees employed by predecessor firms were established at the time of ratification of the 1999 Agreement.)

2.00 Seniority lists of the employees covered by this Agreement giving name, the seniority date and Job Classification will be maintained by the Company. Such seniority lists will be sent or e-mailed to the Chief Steward(s) and Directing Business Representative, on a monthly basis.

Seniority list with employee addresses will be provided to the Directing Business Representative upon request.

3.00 Field Seniority and Company Seniority shall be broken and employees shall have their names stricken from the Seniority and Recall Lists under any of the following circumstances:

3.01 Discharge for just cause.

3.02 Resignation. In the event an individual returns to employment within a (12) month period, the individual’s Company Seniority will be reinstated for leave and service award purposes.

3.03 Failure to comply with the recall from layoff provisions of Article Sixteen Paragraphs

2.00 and 5.00.

3.04 Failure to be recalled from lay off within twenty-four (24) months after such lay off.

3.05 Failure to report for work upon expiration of an approved leave of absence without Company approval.

3.06 Absence from work for a period of three (3) consecutive work days without supervisory approval.

3.07 Retirement of the employee.

3.08 Upon the determination of maximum medical improvement (MMI) if the employee is unable to perform the essential functions of his or her current job with or without reasonable accommodation.

3.09 Failure to return to the active payroll for six (6) consecutive months due to a physical or mental impairment provided that the employee will then be placed on Recall and eligible for recall to work for a period Twenty-four (24) months in accordance with the Recall From Layoff procedures of Article Sixteen of this Agreement. The Company may take a former employee off of the recall list at that individual’s request.

4.00 New employees and those hired after a break in continuous service shall be considered on probation for a period of ninety (90) calendar days of continuous service from the date of hire or until a Government security clearance, where required, is received by the Company for the individual involved, whichever is the longer. The Probationary Period of an employee may be extended upon the mutual agreement of the Company and the Union. After sixty (60) calendar days, such employees shall be subject to the provisions of Article Eight, Union Security and Article Nine, Check-Off.

4.01 The discipline and discharge of probationary employees shall not be subject to the Grievance and Arbitration procedures of this Agreement.

4.02 The date-of-hire of a probationary employee will become his seniority date upon successful completion of the Probationary Period. Vacation accrual then will be calculated from date-of-hire. Sick/Personal Leave hours are accrued from date-of-hire and may be used during the Probationary Period as provided in Article Twenty-Eight.

5.00 The Union recognizes that the Company has certain obligations in its contracts with the Government pertaining to security, and that security is vital to the Company and the Union in carrying on their part in the defense effort. In the event that the Government, through a duly authorized representative, advises the Company in writing that an employee covered by this Agreement is denied a security clearance, has his/her security clearance revoked, or is barred from access to WSMR, HAFB, and/or any Government installation supported by the Company, it is mutually agreed between the Company and the Union that such employee shall be subject to any action including, but not limited to termination of employment, which the Company considers necessary for security or facility barment reasons. Such action may be made the subject of the Grievance and Arbitration procedures of this Agreement. An employee shall not have seniority rights under this Agreement while such determination is outstanding.

6.00 When two or more employees commence accrual of seniority on the same date, the last four digits of each employee’s social security numbers will be used to determine order of field seniority. The lowest number will be most senior.

7.00 The Company Seniority and Field Seniority date of a temporary employee (Article Twelve) who later becomes a regular employee will be the date of hire into the permanent position.

ARTICLE FOURTEEN

ARTICLE 14 - REDUCTION IN FORCE (RIF)

1.00 Jobs to be eliminated will be designated by the Company based on geographic location(s), Work Unit, Job Series, labor grade and least seniority.

2.00 “Work Units” as used in this Agreement are defined as the group of employees performing work that fulfills the organizational responsibilities of the following functional areas:

• Logistics

• Holloman High Speed Test Track (HHSTT)

• Instrumentation Radar

• Surveillance Radar

• White Sands Airspace Display Facility

• Optics Services

• Optics Maintenance

• Optics Tracking Instrumentation

• Optics CCTV/non-track

• Telemetry/TTS

• Timing

• GPS Support

• Engineering Media Services

• Engineering Technical Services

• Maintenance Services – South Range

• Maintenance Services – Central Range

• Fabrication (Shops)

• SVAD Support

• Data Sciences

• Data Sciences Data Management

• Program Support-Launch Support

• Program Support-Target Support (SMR)

• Program Support-Aerial Cable

• Program Support-LBTS

• Army Integrated Air and Missile Defense - AIAMD

3.00 “Job Series” for purposes of this Agreement are defined as the group of jobs within the same job discipline, which differ only in level of complexity/responsibility and job pre- requisites.

Examples (not limited to):

• Electronic Technician (C, B, A, Specialist)

• Engineering Technician (C, B, A)

• Mechanical Technician (C, B, A, Specialist)

• Photo-Optical Technician (B, A)

• Carpenter (C, B, A)

• Painter (C, B, A)

• Mechanic (C, B, A

• General Maintenance Worker (C,B,A)

• Etc.

4.00 Displacement Procedures:

4.01 Employees notified of their impending layoff due to a RIF may, at their option, exercise displacement rights in accordance with the following procedure:

4.02 They may displace anyone in the same or lower labor grade in the same Job Series and the same Work Unit who has less seniority than they do.

4.03 They may displace workers in different Work Units if they have worked in that Work Unit for a total of one year or more in those positions identified under APPENDIX C as Technical Job Classifications. In this case displacement would be limited to the job series in which they were employed in that Work Unit and to labor grades at or below that in which such experience was demonstrated.

4.04 They may displace workers in a Job Series and/or Work Unit if they have worked in that Job Series for a total of one year or more and meet the minimum requirement in that Job Series in those positions identified under APPENDIX C as Trades or Support Job

Classifications. In this case displacement would be limited to the labor grades at or below that in which such experience was demonstrated.

4.05 If the employee fails to qualify for displacement under any of the above, or qualifies but chooses not to exercise his displacement rights, the employee will be laid off.

4.06 Employees who have been displaced under this procedure are entitled to the same displacement rights identified above.

5.00 Employees choosing to exercise their displacement rights under the above procedure must notify Human Resources in writing within three (3) work days after receipt of layoff notice.

6.00 The Company and the Union will meet to explore options to a reduction-in-force prior to initiating layoffs. In the event layoffs are determined to be necessary, the Company will either give affected employees at least two weeks advance notice of reduction-in-force, or provide for up to 80 hours of paid administrative leave at their regular straight time rate to make up the difference. Paid administrative leave in lieu of a two week notice shall not be construed as severance pay and does not affect an employee’s right to severance pay under the provisions of Article Fifteen of this CBA.

7.00 Upon implementation of a RIF, the Company may accept requests for voluntary layoff if such layoff will help meet the goals of the RIF without further reducing the Company's capability to meet its contractual requirements.

8.00 The implementation of the RIF provisions of this Article shall continue with each affected employee until all opportunities leading up to layoff are exhausted.

9.00 Employees who are laid-off from the service of the Company due to reduction in the work force shall, for a period not to exceed twenty-four (24) months, retain and continue to accrue seniority.

10.00 For RIF purposes only, all Stewards as described in this Agreement will maintain super seniority within their work unit so as not to be affected by a reduction-in-force, provided, however, they have the necessary qualifications to perform the remaining work. In the event of a RIF, the Union will provide the Company with the name(s) of any Stewards who are not current on their obligations with respect to attendance or other requirements of Local 2515. Such Stewards so identified are not protected from RIF action. The Company shall not be responsible for any errors on the part of the Union.

ARTICLE FIFTEEN

ARTICLE 15 - SEVERANCE PAY

1.00 An employee with more than ninety (90) days of Company Seniority shall be entitled to severance pay when laid-off as provided in Article Fourteen, Reduction in Force, or released from the service of the Company as provided for in Article Thirty One Para 10.02, Health and Safety in accordance with the following schedule:

Years of Company Seniority Severance Pay

From 90 Days to the 40 hours Completion of Year One

From the start of Year Two to the 80 hours Completion of Year Five

From the start of Year Six to the 120 hours Completion of Year Eight

From the start of Year Nine to the 180 hours Completion of Year Eleven

From the start of Year Twelve 220 hours And Thereafter

2.00 Severance pay shall accrue the day following layoff and be paid bi-weekly in conjunction with the normal pay cycle. Severance paycheck will be mailed to the employee's last address of record.

3.00 If the employee is recalled to work as provided in Article Sixteen, Recall from Layoff, severance pay will immediately discontinue. Further, any severance pay paid the employee will reduce, in one day increments, the amount of severance payments that the employee would otherwise be entitled to under this Article should he again be laid off due to a RIF within eighteen (18) months of the recall.

4.00 The severance pay provisions of this Article are not applicable to layoffs that occur as a result of the Company being replaced by loss or termination of the Company’s contract with the Government.

ARTICLE SIXTEEN

ARTICLE 16 - RECALL FROM LAYOFF

1.00 When employees are laid-off or exercise their displacement rights as provided by this Article, their names and seniority dates will be entered on a recall list and will be retained on that list for a period of twenty-four (24) months. When positions are reinstated which were previously eliminated, the positions will be filled from the recall list using the following procedure:

1.01 The individual on the recall list who last held that position will be recalled to that position.

1.02 If the individual declines the recall, a pool of eligible employees will be established. The pool will consist of all individuals on the recall list who have worked within (1) the particular Work Unit in which the opening exists, and (2) the same or higher skill category as the opening. (Skill category is defined as Job Series and labor grade, for example, Electronics Technician A, Electronics Technician B, Electronics Technician C, etc.) The most senior employee who meets the minimum requirements of the job to be filled will be selected for recall. If the first individual selected declines the recall, the next most senior qualified individual will be offered the position, and so on until the job opening is filled or the list of qualified employees on the recall list is exhausted.

2.00 An employee who declines recall to a job opening at the same labor grade as previously held as provided in this procedure will be considered as having resigned. An employee who declines recall to a temporary position will not be considered as having resigned.

3.00 If there are no eligible or interested individuals identified through the recall procedure, the job opening will be posted and open to internal bargaining unit employees for a period of five (5) working days.

4.00 No jobs will be posted for outside hire until all employees on the recall list at the applicable or higher labor grade within that job series have been recalled or removed from the recall list as provided in other provisions of this Agreement and/or as provided in Paragraph 3.00 above.

5.00 Upon lay-off, employees may elect a means of communication from the Company regarding recall to include, email or phone. It will be the responsibility of the employee to arrange this at the time of lay-off and update the Company as necessary. Recalled employees must respond within five (5) work days after receipt of notification and must report for work within ten (10) work days unless extended by the Company. In the event the recalled employee does not report to work within this ten (10) day period, or as extended by the Company, the individual will be considered as having resigned.

6.00 All notices required by the provisions of this Article shall be delivered to the employee at the last address of record filed by him or her with Human Resources.

7.00 When new positions are created which were not previously eliminated in a reduction-in-force, the provisions of the Promotions and Reclassifications Article of this Agreement apply.

ARTICLE SEVENTEEN

ARTICLE 17 - PROMOTIONS AND RECLASSIFICATIONS

1.00 The following definitions shall apply in this Article and throughout this Agreement:

a. Promotion – A promotion is defined as the advancement of an employee from one Job Classification to another with a higher labor grade.

b. Work Unit – See Article Fourteen.

c. Job Series – See Article Fourteen.

d. Reclassification – Reclassification is defined as the award of a Job Classification at an equal or lower Labor Grade.

e. Entry Level Positions – Entry Level Positions are defined as the position in each Job Series that has the minimum job requisites for working in the Job Series. Entry Level Positions vary in the level of physical attributes, education, work experience, and other requirements from Job Series to Job Series. Entry Level Positions are identified in all Job Series listed in Appendix C, Rates of Pay, to provide a potential promotional path for employees in some lower level Job Classifications and does not establish any assurance or guarantee of promotional progression.

f. Equivalency – Some job requisites are stated in terms of education and/or equivalent experience. Transcripts and form DD214 will be required for verification of education only. The following criteria will be used in evaluating equivalency:

1) Correspondence courses and college courses will be evaluated separately for subject material equivalency in relation to that specified in the particular Job Requisite.

2) Technical undergraduate college curricula of fourteen (14) semester hours equal six

(6) months of technical school, if courses are applicable to the appropriate Technical Certificate.

3) Technical military schools equal technical schooling on a one year-for-one year basis.

4) One and one-half years of satisfactory directly-related technical work equal one year of technical school.

5) Years of education and experience will be used in combination in determining equivalency.

g. Upgrade – Upgrade is defined as the temporary assignment of a Bargaining Unit member to a higher rated Labor Grade Job Classification. These temporary assignments require compensation at the appropriate higher pay rate (Labor Grade) and may not be for less than four (4) hours, nor more than ninety (90) days duration. Lead person assignments are not upgrades, although they are temporary assignments given by management and subject to withdrawal at management’s discretion.

2.00 The purpose of the Promotion and Reclassification Program is to provide opportunities for qualified employees to move into other jobs which they may prefer, and to enhance overall employee capabilities and morale. It is the sincere desire of the Company and the Union that through this program, a more qualified, experienced, and competent work force will be developed to meet and effectively fulfill all the White Sands Missile Range work requirements efficiently and economically. Bargaining Unit employees will be given first consideration for all job postings. In filling job vacancies, where skill, ability, and efficiency are substantially equal, seniority will prevail.

3.00 All regular vacancies shall be posted for five (5) work days in order for employees to make application in writing to Human Resources. All bargaining unit job postings will be emailed to the Chief Stewards and the Union Business Representative. Any employee on TDY or leave can personally contact the Human Resources office to inquire as to job postings and/or to inform HR of their desire to be considered for an opening. Bids received after closing dates shall not be considered.

3.01 The Company reserves the right to cancel any posted job notice prior to the vacancy being filled. However, the Company will not cancel any job posting until it has first met to discuss the cancellation with a Chief Steward and the Union Business Representative.

4.00 It is the responsibility of each individual employee to provide the documentation necessary to update and substantiate his individual records in the Human Resources personnel file. It is the responsibility of each supervisor cross-utilizing or cross-training an individual to document the performance and capabilities of the employee in that assignment to the employee and the employee’s personnel file.

5.00 The Company has implemented a system to document the hours, which each employee is cross-utilized in another Job Series or in another Work Unit. This record will assist in the evaluation of each employee’s experience for promotional opportunities, but it may not result in either immediate or total qualification for a specific job classification.

6.00 An employee desiring to bid on a posted job opportunity will:

6.01 Submit a request for consideration to Human Resources by:

a. Completing form HRF-0042, Internal Request for Consideration of Position Posting, or

b. Accessing the Company website and applying for the job.

c. Verify that his/her personnel records are current and complete.

7.00 Employees shall be able to bid on a job in a lower labor grade.

8.00 All employees requesting consideration for job openings will be screened by Human Resources to verify that they meet the minimum Job Requirements. In the event no applicant meets those requisites, the employee selected will be the one whose qualifications most closely fit the job being filled.

9.00 Once the employee has accepted the new position, the applicable supervisors will agree on an effective date for the job change, which will not be later than the start of the 2nd pay period following employee acceptance.

10.00 All employees promoted into or who have accepted jobs where they have not previously served for a minimum of sixty (60) work days will be subject to a thirty (30) calendar day probationary period during which they may return to their previous job at their own request or at Company discretion. The probationary period may be extended upon the mutual agreement of the Company and the Union. After the probationary period is completed, the employee shall not bid on other bargaining unit jobs for a period of twelve (12) months following the job start date. All employees accepting new jobs shall remain in that job for one year prior to bidding on other bargaining unit jobs unless agreed to by the Company and the Union.

11.00 Reclassification: There are two reasons that could lead to reclassification action:

a. Employee performance

b. Changes in level or complexity of workload

11.01 Reclassification actions will be handled differently depending on the reason:

a. Reclassification resulting from employee performance will be to an equal or lower Labor Grade and will not adversely affect other employees.

b. Reclassification resulting from a change in level or complexity of workload will be accomplished when possible in order to avoid layoff. This type of reclassification will be used only when there are established positions to which the affected employee can be reassigned. The affected employee will be offered the “right-of-first refusal” for any job opening in his original Work Unit and Job Series at the same or lower labor grade prior to posting of the vacancy.

ARTICLE EIGHTEEN

ARTICLE 18 - HOURS OF WORK

1.00 No work shall be performed unless authorized by the Company.

2.00 Each employee’s work week will be established by his supervisor. The week will normally end four (4) hours after their normal report to work time on Friday. Fridays consist of two separate work shifts: the first shift (first half day) applying to the current work week, and the second shift (second half day) applying to the following work week. Management reserves the right to modify as necessary the hours of work at the individual job locations. Hours of work will be established to satisfy the Government’s work requirements at the work location. Hours of work will consist of one of the following three definitions:

(1) Common Test Schedule (CTS) (also referred to as Compressed Work Week): Hours of work are nine (9) hour work days, exclusive of unpaid thirty (30) minute lunch periods, Monday through Friday, with the first Friday of each pay period the regular day off and the second Friday of each pay period an eight (8) hour day.

(2) Four Tens: This work schedule will consist of four consecutive ten (10) hour days, exclusive of unpaid thirty (30) minute lunch periods, with three (3) consecutive days off.

(3) Five Eights: This work schedule will consist of five (5) consecutive eight (8) hour days, exclusive of unpaid thirty (30) minute lunch periods, with two consecutive days off.

All holidays are treated as nine (9) hour days. If a holiday occurs on a scheduled day off for those working Four Tens then the holiday will be observed on the work day preceding the holiday. Supervisors may generally schedule the one (1) additional hour in any way that does not result in the payment of overtime.

3.00 For the purpose of this Agreement, and the logical process of timekeeping, all consecutive hours worked on an assigned shift will be recorded on the time sheet as being worked on the day on which the shift started, except when 2 shifts are worked in one 24 hour period, then the second shift would be recorded on the day the shift ended. Overtime premiums and differential premiums will continue to be paid based on the day and time on which the shift started.

4.00 The Company will maintain a policy for completion and submission of time cards, which may be altered from time to time as the Company shall determine.

5.00 The Parties recognize the importance to the defense effort of the work being performed under the terms of this Agreement, and the Company agrees that consistent with meeting range and mission operations, every reasonable effort will be made to arrange work schedules so that a maximum number of employees will be assigned to shifts Monday through Friday.

6.00 No provisions of this Agreement shall be construed as a guarantee of any specified number of hours of work either per day or per week.

6.01 If at any point the company cannot provide the 40-hour week due to financial constraints, the company will furnish in writing details of time, length and duration requested to be taken off, no less than 3 working days in advance of company directed unscheduled time off.

7.00 When an employee is scheduled and reports for work, that employee shall receive a minimum of four (4) hours pay. Pay under these circumstances shall be comprised of the employee's straight time base rate, inclusive of all premiums. Such hours paid but not worked shall not be considered as time worked for the purposes of computing overtime.

7.01 Minimum pay as specified above shall not apply when lack of work is due to an Act of God, sabotage, national emergency, strike or picketing of Company premises or other circumstances beyond the control of the Company.

8.00 Any employee who is regularly scheduled to work less than thirty (30) hours a week is a part-time employee. The work schedule of part-time employees will be adjusted to satisfy the requirements for which the position was established.

8.01 It is agreed that the Company may provide opportunities for students from educational institutions to gain experience by serving as co-ops at the site. These co-op students will not be considered employees as defined within this Agreement. Co-ops will not be used for any work where a recall exists. Only exempt employees, leadpersons, and/or specialists will provide training to co-ops. The Chief Steward and the Union Business Representative will be notified in advance of the arrival of a co-op student.

9.00 The Company will designate a fifteen (15) minute period during each half of the work shift that shall be taken without loss of pay for the purpose of relaxation. Any rest periods, provided that they do not interfere with scheduled Range support, will be taken at the place of work. In the event a work shift is extended, employees shall receive an additional fifteen (15) minute rest period at approximately the start of the work shift extension and one approximately half way through each subsequent four (4) hours worked. In the event a break cannot be taken due to Range support, in the time allotted, employees shall be allowed to take their break(s) as soon as time is available.

10.00 Employees will be provided an uninterrupted thirty (30) minute meal period on their own time and without pay. Meal periods will begin between three and six hours after reporting to work.

When an employee is required to work twelve (12) hours or more, an additional thirty (30) minute meal period may be taken.

10.01 With advance approval by his supervisor an employee will be permitted to continue his duties…