2.04 attachment 5 - CBA Pax River.pdf
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- Attached to
- Cryogenic Support Services Federal contract opportunity
- Solicitation number
- N00244-24-R-0042
About this file
This document is a Collective Bargaining Agreement (CBA) between United PARADYNE Corporation and the International Association of Machinist and Aerospace Workers, AFL-CIO, District Lodge #4, Local Lodge #4 for employees working at the Patuxent River Naval Air Station Operated & Maintained Liquid Oxygen Plant.
The CBA covers the period from March 01, 2023 through February 28, 2026 and addresses wages, benefits, terms and conditions of employment for the bargaining unit employees, including job classifications, seniority, promotions, holidays, vacation, health and welfare, clothing allowance, discipline, grievance procedures, and no-strike/no-lockout provisions. Key details include the wage scale for the Cryogenic System Operator (CSO) position, health and welfare benefit amounts, vacation accrual, and paid holidays. The CBA also includes provisions for Union security, representation, and access, as well as management rights.
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Text version
COLLECTIVE BARGAINING AGREEMENT
Between
United PARADVNE C O R P O R A T I O N and
INTERNATIONAL ASSOCIATION OF MACHINIST and AEROSPACE
WORKERS, AFL-CIO, DISTRICT LODGE #4, LOCAL LODGE #4
Patuxent River Naval Air Station
Operated & Maintained Liquid Oxygen Plant
March 0 I , 2023 through February 28, 2026
Table of Contents Article 1. Parties Article 2. Purpose Article 3. General Conditions of Contract Article 4. Recognition Article 5. Management's Rights Article 6. Union Security Article 7. Bulletin Boards and Posting Notices Article 8. Seniority Article 9. Promotions and Filling of Vacancies Article 10. Wages and Benefits Article 11. Vacation Article 12. Holidays ........................................................................................................................ 1 0 Article 13. Health and Welfare Article 14. Clothing Allowance and Shoe Allowance Article 15. Sick Days Article 16. Bereavement Leave Article 17. On-Call Pay Article 18. Call Back/Report In Article 19. Safety Article 20. Military Reserve Training Leave Article 21. Leaves without Pay Article 22. Jury Duty Article 23. Overtime Article 24. License Rene·wal Article 25. Shift Differential Article 26. Miscellaneous Article 27. Discipline and Discharge Article 28. Grievance Procedure Article 29. Strikes and Lockouts Article 30. Term
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Article 1. Parties
Section 1
The parties to this agreement are United P ARADYNE Corporation ("Company") and International Association of Machinist and Aerospace Workers, AFL-CIO, District Lodge 4, Local Lodge 4 ("Union").
Article 2. Purpose Section 1
The purpose of this agreement is to provide for wages, benefits, terms and conditions of employment for the employees in the bargaining unit, and to ensure industrial peace. To this end, it is recognized that there must be mutual understanding, harmony and cooperation among the employees and between employees and the Company, and the Union and the Company, that operations must be uninterrupted and the 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 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.
Section 2
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.
Section 3
The purpose of this Agreement is to set forth all terms and conditions of employment for the employees working in the bargaining unit described in Article 4 (Recognition), including all mandatory and permissive subjects of bargaining, this Agreement represents the complete agreement and understanding of the parties with regards to subjects appropriate for collective bargaining and cannot be modified except by a written document signed by both parties. The parties can, but cannot be required to, negotiate over modifications.
Article 3. General Conditions of Contract
Section 1
In reaching this Agreement, the parties hereto have fully exercised and complied with any and all obligations to bargain and have fully considered and explored all subjects and matters in any way material to the relationship between the parties. In negotiating and agreeing to this contract, all matters concerning which parties could contract have been considered and disposed of.
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Section 2
It is understood wherever in this Agreement employees or jobs are referred to in the male or female gender it shall be recognized as referring to both males and females.
Section 3
The waiver of any conditions or breach of this Agreement by either party shall not constitute a precedent for any further waiver of such condition or breach.
Section 4
Either party hereto shall be entitled to require performance of the provisions of this Agreement. It shall be the duty of the Company and its representatives and the Union and its representatives to comply with and abide by all of the provisions of this Agreement.
Section 5
Should any part hereof or any provision herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or a decree of a court of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof and they shall remain in full force and effect.
Article 4. Recognition Section 1
A United P ARADYNE Corporation recognizes the Union as the sole and exclusive representative and agent of all full-time and part-time Company employees at Patuxent River Naval Air Station, Maryland working under Government Contract No. N00024419P04 74 and such other programs and tasks as may hereafter be added by mutual agreement of the parties hereto.
B. Article 4 Recognition shall be modified to read as follows: All full-time and regularly scheduled part-time Cryogenics Servicing Operators (CSO) employed by the Company at its Patuxent River NAS Facility, but excluding all office clerical employees, professional employees, guards, and supervisors as defined in the National Labor Relations Act.
Article 5. Management's Rights
Section 1
The Company has and shall retain all rights and discretion to plan, direct, and control all operations and to make all necessary and appropriate decisions to carry on the business of the employer, unless a decision made or an action taken shall conflict with or violate an express term of this Agreement.
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Article 6. Union Security
Upon execution of this Agreement, the Union shall promptly furnish the Company, in writing, the name(s) of the Union Steward(s). Thereafter, the Union shall promptly advise the Manager, in writing, of any change in Stewards. No Steward will be recognized as such by the Company prior to receipt of written notice of notification.
Section 2
A. Full-time representatives of the Union shall have access to the Company's operations for the purpose of contacting Stewards regarding employee's complaints or grievances or matters arising out of the application of this Agreement. If it is necessary for a full-time Union Representative to meet with any single employee and one Steward or a Steward to meet to discuss a complaint or grievance, the employee and Steward time shall be Company paid providing that he or she first notifies the site Manager. It is agreed the Company shall pay Stewards for time away from the performance of their normal jobs while acting in their Steward capacity as defined in this section for up to two (2) hours per week. The contacts on company time, which are provided for in this section, shall be no more frequent and no longer than the matter for discussion reasonable requires. Such visits shall be subject to such regulations as may be made from time to time by the Company, the U.S. Military Services, and other government agencies. It is agreed that the Company will not impose regulations which will render ineffective the intent of this provision. Prior to entering the Company's operations, the Business Representative shall notify the Manager to agree on the date and time he/she will be on the facility.
B. A full-time Union Official or Business Representative may discuss any problems with employees (other than Stewards) on the employee's own free time. If further discussion of a complaint or grievance is necessary, the Union Representative may meet with any single individual on Company-paid time providing that he first notifies the Manager and such does not interfere with required contractual obligations. No discussions will be held with supervision of any section unless the Manager has been notified and given an opportunity to be present.
Section 3
The Company will furnish to the Union Business Representative, Steward or Local Lodge Officer information, as provided by law.
Section 4
It is agreed that the Company shall not be required to pay an employee for any time that he/she is taken away from his/her work to serve the Union in any official capacity or to serve on any Union Committee other than what is provided for in this Article. Union Officers, Committee persons and Stewards will be allowed authorized absence, without pay, to attend one (1) scheduled Union meeting each month, on a date and during the hours certified by the Business Representative or Local Lodge President of the Union. All employees in the
CBA: Patuxent River Naval Air Station - Operated & Maintained Liquid Oxygen Plan SI P a g e bargaining unit who are members in good standing on the effective ( execution) date of this Agreement shall be required, as a condition of continued employment with the Company, to maintain membership in the Union to the extent of current monthly dues and initiation fees and reinstatement fees, if any, commencing not later than the thirty-first {31st) day following the effective ( execution) date of the Agreement.
Section 5
Any employee hired on or after the effective (execution) date of the Agreement shall become a member of the Union not later than thirty-one (31) days after his date of employment. Such an employee, as a condition of continued employment, shall maintain his membership in the Union to the extent of current monthly dues, initiation fees and reinstatement fees, if any.
Section 6
The Company will make monthly payroll deductions for Union dues, fees, and assessments on the basis of individual authorization cards voluntarily signed and dated by each employee. The Company will remit all such deductions to the officer of the Union designated in writing to receive this payment. This remittance will be made within ten (10) days after the deductions are made.
Article 7. Bulletin Boards and Posting Notices
Section 1
The Union will be allowed to post notices and other communications to employees on a Union provided bulletin board provided that the communications are not derogatory towards the Company.
Article 8. Seniority
Section 1
All employees shall be considered probationary employees for the first ninety (90) calendar days of active employment. Throughout this period, supervision will evaluate the probationary employee as to such factors as, but not limited to, work habits, willingness to accept varied work assignments and training, safety, productivity, quality of work, attendance, and ability to work with others. Upon completion of his/her probationary period, the employee will become a regular employee whose seniority will be retroactive to his/her first day of employment.
Supervisory determinations as to retention, reassignment, or termination of probationary employees anytime during the ninety (90) day probationary period are not subject to the Grievance and Arbitration Articles of this Agreement.
Section 2
For the purposes of this agreement, there shall be two types of seniority defined as below.
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A. Company Seniority Full Time: Company seniority for full-time employees begins on the date the employee was hired by the Company or predecessor contractor in any job classification provided for in this Agreement and represents all accumulated full time for which the employee has served as a full-time employee of the Company and all predecessor contractors in the performance of similar work at Patuxent River, NAS Company site.
B. Company Seniority Part Time: Company seniority for part-time employees begins on the date the employee was hired by the Company or predecessor contractor in any job classification provided for in this Agreement and represents all accumulated part-time for which the employee has served as a part-time employee of the Company and all predecessor contractors in the performance of similar work at Patuxent River, NAS Company site. If an employee is moved from part-time to full time his seniority shall start the day he became a full-time employee for the purpose of promotion, job assignments, and lay-off or recall from lay-off. Seniority for vacation purposes shall be based upon the date of hire with the Company or any predecessor Contractor at any Company site.
C. When two (2) or more employees have the same seniority date, the employee with the lowest four digits of their social security number will be deemed to be the most semor.
Section3
An employee who re-enters the bargaining unit from a position outside the bargaining unit may return to the last classification held provided he has sufficient seniority to return.
Section 4
A. All promotions, job assignments, lay-offs, and recalls shall be based on full-time seniority provided that the senior employee is qualified and available to perform the work in question.
B. In the event there is a recall from layoff, the Company shall mail a registered or certified (return receipt requested) notice of recall to the appropriate employee. Recalled employees must respond within seventy-two (72) hours after receipt of notification, and must report for work within ten (10) workdays unless extended by the Company.
C. All notices required under this provision of this Article shall be sent to the employee at the last address filed by the employee with Human Resources.
D. Layoff listings and recall notifications will be copied to the Business Representative or his designee of the Union.
Section 5
Seniority shall be lost and employees shall have their names stricken from the seniority list under the following circumstances.
1. Discharge for just cause
2. Resignation
3. Failure to respond to recall notification within the time frame established in this
CBA: Patuxent River Naval Air Station - Operated & Maintained Liquid Oxygen Plan 71Page agreement.
4. Failure to be recalled from general layoff within twenty-four (24) months after such layoff.
5. Failure to report to work upon expiration of any approved leave of absence. Exceptions shall be limited to extreme circumstances beyond the employee's control.
6. Accepting other employment while on an approved leave of absence.
7. When an employee is absent from work for a period of three (3) consecutive workdays without providing notification to the Company of sufficient reasons to warrant the absence.
Article 9. Promotions and Filling of Vacancies
Section 1 A. Posting Notice of Vacancies
When the Company determines to fill a job classified vacancy within the bargaining unit, the Company will post a notice of the vacancy or job opening on employee bulletin boards seven days. Such notice shall contain the following information:
1. Job Classification
2. Specific Initial Shift Assignment
3. Wage Rate
4. Date and Time after which bids will no longer be accepted for the Job.
B. Bidding: Subject to the provisions in this Article (f) any employee may submit a bid for the job to the Company's manager, in writing, during the posting period. Bids received after the closing date shall not be considered. The Company reserves the right to cancel the posted bid or withdraw its filling of the vacancy prior to the successful bidder assuming the duties thereof.
C. Selection: From employees who submit bids for the posted job, the Company will award the job to the senior full-time employee who is qualified for that job. If no full-time employees who submitted bids are qualified or may become qualified for the posted job, the Company may fill the job from part-time seniority employees. When no full time or part-time employees who submitted bids are qualified or may become qualified for the posted job the Company may fill the job from any source. An employee awarded a job vacancy shall be reclassified to the job classification as of the first day of work on the job. The Company will make its best efforts to award the job vacancy within fifteen (15) calendar days after the bidding procedure.
D. Qualifications: In application of the principles of seniority as provided in this Agreement, consistent with applicable federal and state laws and regulations, the employee must have the qualifications to be performed in the work involved. For purposes of this Article the term "qualifications" and "qualified" mean that the employee meets the requirements of the job classification and description and has the physical and technical
CBA: Patuxent River Naval Air Station - Operated & Maintained Liquid Oxygen Plan 8 1 P a g e abilities, as applicable, to perform the work and duties involved as determined by the Company.
E. Restrictions on Bidding: An Employee must have been employed by the Company for twelve (12) months in order to bid. The parties agree that this restriction for new employees may be waived for an individual by mutual agreement.
F. Disqualification of Bidder: An employee who is unable to perform the job to which he bid, to the satisfaction of the Company within forty-five ( 45) calendar days after being awarded the job shall be returned to the job classification the employee held at the time of submitting the bid. An employee so returned shall not be eligible to bid again for the same job from which the employee returned for a period of twelve (12) months.
Article 10. Wages and Benefits
Section 1
Definition:
An employee's "base rate", for the purpose of this Agreement, shall be the straight time hourly rate of pay applicable to that employee's job classification. A full-time employee is defined as an employee who is regularly scheduled to work 32 hours or more per week.
The following wage scale shall remain in effect for the duration of this Agreement.
Job Title Current as of 10/1/2023 10/1/2024 10/1/2025 10/1/2022
5.5% 5% 4% Cryogenic System $39.33 $41.49 $43.56 $45.30 Operator (CSO)
Section 2 Employees assigned by the Employer to Lead position shall be paid a premium pay at the rate of one dollar ($1.00) per hour above their Basic Wages rate, for all hours worked in which the employee is acting as a Lead employee for the company. Lead title will not be authorized to issue discipline. Any employee who in the absence of the Lead is required to fulfill the duties of the Lead will receive the one dollar ($1.00) per hour above their Basic Wage rate.
Section 3
The Company will provide direct deposit for the employees payroll check.
Article 11. Vacation
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A. Full-time employees will accrue paid vacation time based on the following schedule:
Weekly Bi-Weekly Annual Vacation/PTO Vacation/PTO Vacation/PTO
Completed Years of Service Accrual Accrual Accrual PTO Cap Less Than One 1 Year through 4.99 1.54 3.08 80 5 through 11.99 2.31 4.62 120 12 through 19.99 3.08 6.16 160 20or more 3.85 7.70 200
B.
C.
D.
An employee who has earned a vacation with pay which has not been used at the time he/she terminates, is terminated, enters the Armed Forces, is laid off, or who dies shall receive such pay for such unused vacation.
The term "seniority" as used in this section, shall be Company seniority.
Pay for each week of vacation for a full-time employee means pay for forty ( 40) hours at the employee's base rate of pay. A full-time employee is defined as an employee who is regularly scheduled to work 32 hours or more per week.
E. Employees may utilize vacation as it becomes available. Every effort will be made between the Employee and his/her supervisor to schedule vacation time as to minimize the amount of carryover hours. In the event that vacation time cannot be scheduled, an Employee will receive pay in lieu of paid time off for all vested paid vacation benefits that exceed the maximum that can be carried over.
Article 12. Holidays Section 1 The following paid holidays will be recognized during the term of this agreement:
New Years Day MLK'S Birthday Washington's Birthday (Presidents Day) Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day Employee's Anniversary Hire Day CBA: Patuxent River Naval Air Station - Operated & Maintained Liquid Oxygen Plan 1 0 I P a g e
If an executive order designates another holiday and the customer authorizes for the Contractor/Employee, the employees will be paid accordingly.
Section 3
Employee's Anniversary Hire Date can be scheduled for any day in the week of the hire day with management's approval.
Section 4
The number of hours to be paid for holidays will be based upon the employee's regularly scheduled workday, up to a maximum of eight (8) hours. The hourly rate will be at the employee's base rate and will be paid for each holiday regardless of the day of the week upon which the holiday falls or for any day for which holiday pay is due under this Article.
Section 5
The Company reserves the right to require employees covered in this Agreement to perform work on holidays or re-scheduled Holidays in order to meet contractual requirements. When such work is required, employees selected shall be given as much advance notice as possible.
When such work is required the employee will be paid at the rate of time and one half ( 1 times) for all hours worked on such day designated as a paid holiday (in addition to the holiday pay required in this Article) provided the employee works eight (8) hours per day or takes a full day of scheduled vacation on each of the other regularly scheduled days of that employees work week.
Section 6
A In order to be eligible for holiday pay, an employee must have worked or been on a vacation or authorized paid leave on the last workday before or the first workday after the holiday; except that when the holiday falls on the day before employment or the day after termination, the employee shall not receive holiday pay.
B. Whenever one of the above holidays falls on a Sunday, the Monday immediately following shall be observed, if officially declared a legal holiday and generally observed by the Military at the respective Navy site. Whenever one of the above holidays falls on a Saturday, the Friday immediately preceding shall be observed, if officially declared a legal holiday and generally observed by the Military at the respective Navy site.
C. Said holiday falling on a Saturday or Sunday, and observed on the preceding Friday or Monday, shall be considered the regular holiday.
D. Should a holiday fall upon the sixth or seventh day of the standard workweek of an employee assigned to an odd workweek, the preceding or the following day, respectively, shall be considered a holiday for such employee.
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E. If one or more of the above holidays occurs while an employee is on an authorized vacation, holiday pay will be substituted for a vacation day.
Article 13. Health and Welfare Section 1
A. The following health and welfare benefit shall be paid for the duration of this agreement:
10/1/2022 10/1/2023 10/1/2024 10/1/2025 $7.33 $7.80 $7.90 $8.00
B. Full -time employees may elect to waive participation in the Company sponsored program. This waiver eliminates their option to participate in all coverage. The specified health and welfare benefit listed above shall be applied each year and paid up to forty ( 40) hours per week and will be paid to the employee as cash-in-lieu each pay period. Employees who elect to waive participation in the Company sponsored program must provide proof of medical coverage through some other provider. This proof may be requested at random by the employer. The Company will continue its cash-in-lieu program which will allow Employees to choose to receive the payment set forth above (less applicable tax and withholding) in lieu of health insurance coverage provided by the Company; provided that the Company will not be assessed any fine, fee or penalty.
(2) If the cash-in-lieu program may result in a potential fine, fee or penalty to the Company, the Company shall have the right to re-open the benefits provisions of the collective bargaining agreement to negotiate insurance changes to avoid such fine, fee or penalty. Notice to the Union shall be in writing and discussions shall commence within fifteen (15) days of such notice to reopen. In the event the parties cannot reach an agreement within sixty (60) days of the Company providing notice of its intent to reopen, the Company shall thereafter have the right to implement its last proposal.
(3)The cash-in-lieu program will be managed in a manner consistent with applicable plan documents and governing law.
C. Full-time employees electing to waive participation in the Company-sponsored plan, may elect to enroll in the Machinist Custom Choice Plan which offers STD, LTD and Life Insurance. The Union will provide signed authorization to deduct premiums from the employee's paycheck. Such authorization will define the premium amount and detailed information as to where the premiums are to be remitted.
D. Full-time employees electing to participate in the company-sponsored plan will be enrolled in the medical/ vision and dental insurance. The employee will participate in the life insurance, and long term disability program. Employees will enroll themselves and may enroll legal dependents in our medical/ vision and/or dental plans. These employees will also have the option of enrolling themselves and their legal dependents in supplemental life insurance, which is 100% employee paid (after-tax).
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E. The insurance benefits will be in accordance with the Company's established insurance contracts and plans are subject to change when the Company deems necessary. It is understood that the Company contracts with insurance carriers to provide the benefits contemplated under this Article. Interpretation and application of such contracts shall ultimately rest with the insurance carrier and any dispute thereunder shall be between the employee and the insurance carrier and are not subject to the Grievance and Arbitration Procedure of this Agreement.
F. If applicable, employees will contribute the amounts listed in the applicable Benefits Election Form through pre-tax payroll deductions.
Article 14. Clothing Allowance and Shoe Allowance Section 1
The Company will provide five (5) uniforms for full-time employees and three (3) to part-time employees. The Company will provide five (5) shirts and five (5) pants and two (2) jackets (1 spring and 1 winter Jackets) to full-time employee. The Company shall furnish rain gear for use by the employees covered by this agreement. This rain gear shall consist of a raincoat and rain pants. The rain gear shall be kept clean and sanitary and be replaced when necessary. The Company will provide an annual allowance for safety shoes, not to exceed $200 per year.
Article 15. Sick Days
Section 1
A. Full-time employees will be given time off with pay for a maximum of seven (7) sick days each calendar year. Other time missed due to sickness will be without pay.
Employees who are prevented from reporting to work must call their supervisor 1 hour prior to the start of their shift. Employees already at work must notify their supervisor that they need to leave work because of an illness or to care for a family member.
B. Sick leave hours may be scheduled in no less than one-hour increments.
C. Sick leave hours will be allocated January 1st of each year. Any unused sick time will be paid out to the employee on the last pay period of the calendar year. Employees hired as full time during the year will receive prorated hours based on their actual hire date.
Article 16. Bereavement Leave Section 1
Full-time employees will be allowed time off with pay for a maximum of five (5) days in the event of the death of immediate family. The immediate family shall include employee's spouse, children/ step-children, and parents/ parents-in-law. Three (3) days of paid leave will be granted for the death of a brother, sister, grandparents and grandchildren . Other request for time off to attend funerals will be considered and granted as the operating schedule permits but will be without pay.
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Article 17. On-Call Pay
When a full-time employee is given written notice ( on-call slip) of being requested to be available to work on short notice and signs the slip to accept the assignment , the employee will be paid for two (2) hours of each day of designated on-call duty. Employees accepting on-call slips must remain available by personal cell phone for contacts. This on-call pay will be in addition to any call back pay for actual time worked. On-call pay will not count as time worked for overtime purposes.
Article 18. Call Back/Report In Section 1
A full-time employee reporting for work in the absence of notice not to report, or a full-time employee called into work on one of his scheduled days off, or any employee who is recalled after completing a day's assignment and has clocked out and left the facility, shall receive not less than two (2) hours pay at the employee's rate of pay; provided, however, that any amount paid for hours actually worked shall be credited against such minimum guarantee.
Article 19. Safety
Section 1
A The Company agrees to maintain sanitary, safe and healthful conditions in all its operations and working establishments in accordance with Federal law and the laws of the State, County and City of its place of operation.
B. As directed by the Company, protective clothing and safety equipment will be utilized by the employee during his/her performance of jobs requiring such equipment usage.
C. Training and certification for hazardous material handling will be accomplished in accordance with Federal and State guidelines.
Article 20. Military Reserve Training Leave Section 1
An employee on the active payroll of the Company who is required to engage annually in up to fifteen (15) days of military reserve training shall be granted a leave of absence for the period of training and shall be paid the difference between the pay received for the training period and the amount of wages the employee would have receive for his normal fifteen (15) days' work schedule. Normal, for the purpose of this section shall mean an eight-hour day work schedule for each day of training at the employee' s base rate of pay, for all hours paid.
Article 21. Leaves without Pay
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A Leaves of absence without pay may be granted to employees for a period not to exceed thirty (30) calendar days during the year, subject to operational requirements of the Company, A leave of absence may be extended by the Company. A request for leave must be submitted on a Request for Leave of Absence form, and approved in writing by the Manager prior to the effective date of the leave. A copy of the approved or denied request must be given to the employee.
B. In the case of emergency such as death, serious illness, or injury of a member of the employee's family, a Leave Request may be processed without the employee's signature and subsequent to the employee's departure; however, such emergency leave must be promptly reported and approved by the Manager.
C. For good and sufficient reason the Company may extend the period of leave. The leave of absence, properly approved, shall not in any way jeopardize the employee's standing with the Company.
D. Employees elected or selected to full-time jobs in the Local Union or the International Union, which take them from their employment with the Company shall receive leave of absence, without pay, for the period needed.
E. Leaves of absence without pay will be granted by the Company on One (1) week written request of the Union to persons designated by the Union for Official Union Business or to attend conventions, educational or other functions of the Union. Seniority and benefits will accumulate during such leave.
F. Extended military leaves of absence will be administered in accordance with the applicable law.
G. The Company will adhere to all Federal, State, and Local regulations in reference to the Family Medical Leave Act.
Article 22. Jury Duty Section 1
A. When a full-time employee is absent from work in order to serve as a juror or to report to the court in person in response to a jury duty summons, he shall be paid for the hours which he is absent from work for such reason during his normal 8-hour workday or normal 5-day work week, less the fee or other compensation paid him with respect to such jury duty or such service as a witness. In order to receive payment under this section the employee must deliver to the Company the summons calling him for such duty within three
(3) working days after it is received by him.
B. An employee must promptly notify his Manager of any notice the employee receives to report for jury duty or as a witness and must provide the Company with a statement filed by an official of the court certifying the employee's service as a juror or appearance in court for that purpose. Certification from the court clerk must be obtained and turned into the payroll section for all dates the employee is required to appear .
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C. In no event shall payment under this Article be paid during any leave of absence, layoff, or absence due to a sickness or any injury covered under Worker's Compensation provisions .
Article 23. Overtime
Section 1
The normal workday will begin at 0001 and end at 2400 hours for the purpose of calculating daily overtime. The workweek for calculating weekly ove1time shall begin Monday at 0001 and end at midnight the following Sunday, and any change in the workweek will take effect after thirty days' notice to the employees and the Union. Determination of starting time and hours of work shall be made by the Company, and such schedules may be changed from time to time to suite varying conditions of the business and to assure efficiency and timely operations.
Section 2
A The Company reserves the right to require employees covered in this Agreement to perform overtime work in order to meet the requirements of the government contract with the Navy. When such overtime is required employees selected shall be given as much advance notice as possible.
B. No overtime will be worked by an employee unless it has been authorized by the proper supervisory personnel of the Company.
C. When overtime is assigned, employees will be compensated at a rate of one and one half (l 1/2) times their regular rate for all hours worked.
1) In excess of forty ( 40) hours in their normal pay week.
2) In excess of eight (8) hours on a normal workday.
Article 24. License Renewal
The parties agree that the renewal of licenses is the employee's responsibility. The Company will reimburse the employee for the cost associated with the required medical examination for renewals of required licenses. The parties agree that employees will be permitted to complete the license renewal process during the regularly scheduled workday. The Company and the employee will schedule a date for such process to ensure coverage and also timely processing of the renewal license. The employee will receive pay for all time spent during normal working hours to renew the Commercial Driver's License and Hazardous Materials endorsement.
Article 25. Shift Differential
Section 1
An off shift employee is an employee who is regularly scheduled to work shifts other than the regular working hours of 7:00 AM to 3:30 PM Monday through Friday.
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Any employee whose normal shift begins between 1 :00 PM and 5 :00 AM will be paid a shift differential of seventy-five cents ($0.75) per hour.
Any employee who works beyond their normal work shift will receive the shift differential for the hours worked beyond their shift. For Example, if an employee works the normal work shift (7:00 AM - 3:30 PM), but works until 5:00 PM, the employee will receive 1.5 hours with the shift differential. ($0. 7 5 per hour)
Article 26. Miscellaneous Section 1
Employees tardy solely because of the gates being closed by the Military will not be counted as tardy and will be allowed to complete eight (8) hours of work.
Section 2
For the duration of this Agreement, employees who are promoted to a higher paid job classification will have his/her base rate adjusted to the rate of pay in effect for the higher paid job classification.
Section 3
For the duration of this Agreement, employees who are temporarily promoted to a higher paid job classification will have his/her base rate adjusted to the rate of pay in effect for the higher paid job.
Section 4
If, during the term of this Agreement, it becomes necessary for the Company to establish new job classifications within the bargaining unit, the Company and the Union shall mutually agree upon the proper rate range for the new position. Operations shall not be delayed through failure to immediately agree upon a wage rate applicable to such job classification. In the event the parties fail to come to an agreement on the wage rate of a new job, the matter shall be submitted to a binding arbitration under the applicable article of this Agreement and the Arbitrator shall have the authority to establish the rate of pay for any new job classification challenged under this Article.
Section 5
An employee injured on the job, who is taken off the job for treatment will receive pay for the remainder of his scheduled workday if the employee's injury is serious enough to preclude his return to work. Where necessary, the Company will furnish transportation as soon as possible for the injured employee to receive medical treatment.
Section 1 Article 27. Discipline and Discharge
A. The Company will utilize progressive disciplinary procedures. A copy of the work rules will be provided to the employees.
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B. The Company may discipline or discharge any employee for just cause. The parties agree that some offenses may be grounds for immediate termination as set forth in the Company's Work Rules/Disciplinary Policy. The Company will prior to making any changes to the Company's Work Rule/Disciplinary Policy give the Union reasonable notification and an opportunity to meet and discuss such changes prior to implementation and application to employees covered by this agreement.
C. No employee shall be disciplined without having the opportunity to be represented by the Union via the Stewards presence. The Company will notify the Steward, and the Steward will report to the disciplinary meeting. The Steward will inquire of the employee their desire to have the Steward present. If the employee refuses Union representation, the Steward will request the employee to sign a refusal for representation form. The form will be applicable to that current disciplinary meeting and not be considered for future disciplinary meetings.
D. The Union shall be permitted to grieve and appeal to arbitration pursuant to the grievance and arbitration procedures set forth in this agreement any disciplinary actions to the extent or appropriateness of the penalty levied or remedial action given to an employee for a violation of the Company's Work Rules/Disciplinary Policy
E. All disciplinary actions taken by the Company shall remain active under the progressive disciplinary policy for a period of twelve (12) months from the date of the infraction. Discipline prior to twelve (12) months will not be used for progressive discipline but such documents will remain in the personnel file.
Article 28. Grievance Procedure
GRIEVANCE PROCEDURE AND ARBITRATION
Section 1
Definition of Grievance
A. The term grievance as used in this Agreement is a written claim involving the interpretation, application or claim of breach or violation of applicable provision( s) of this Agreement that the Company or an employee has not been able to adjust. The grievance must identify the applicable provision(s) of the Agreement that is claimed to have breached or violated and the remedy sought. All references and procedures in the Article which refer to "employee" grievances refer to the Company as well, as the Company also has the right to file a grievance under this Article.
B. Time limits may be extended only by mutual consent of both the Union and the Company.
C. Grievances arising out of a suspension without pay or a discharge shall be submitted directly to Step Three described in Section 2 herein.
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Grievance Procedure
A. Grievances will be conducted as follows :
Step One
The parties agree that all complaints and grievances should be resolved, whenever possible, with the immediate supervisor and the employee involved. It is the intent and purpose of the parties to provide a fair and equitable procedure for the orderly settlement of all grievances.
Any employee with a complaint or issue should contact the appropriate supervisor in order to discuss and resolve the issue. Both parties will make every effort to resolve the issue within two (2) regularly scheduled workdays before it is reduced to writing as described in Step Two of this Procedure. The employee may have their Shop Steward present if desired. The company shall inform the employee of the right to have a Shop Steward present prior to the start of any investigation meeting that could lead to discipline.
Step Two
Any employee believing they have been aggrieved as defined in section one (1) of this Article, must confer with the employees Supervisor and or Project Manager and present a written grievance, with their Union Steward. The Union Steward on a form provided by the Union and agreed to by the Company must reduce the grievance to writing. Such written grievance shall set forth the complaint and remedy sought, the facts on which it is based, the date( s) of occurrence, the applicable Article( s) of the Agreement which is claimed to be the basis for the filing of the grievance, and this, together with any accompanying statement. The form shall be dated and signed by the grievant and the Union Steward. The written grievance must be presented to the employees Supervisor within five (5) working days from the date the employee became aware of the incident that gave rise to the grievance. If the employee or Union Steward fails to present the written grievance within this time limit, the grievance shall be considered settled and no further action can be taken thereon. Both parties will make every effort to resolve the issue. The Supervisor shall render his/her written decision to the Union Steward and the employee within five (5) working days after being presented the grievance. If a settlement is reached it will be reduced to writing on the grievance form and the matter shall then be considered closed. If the Supervisor fails to provide his/her written response within this time limit, the grievance shall be advanced to the next step. Any grievance settlements at Step Two of the grievance process, whether by concession, withdrawal, settlement agreement, or resolution actions occurring due to a failure of either party to abide by the time limits of this section, shall not constitute a precedent binding upon the Company or the Union, unless the parties agree, in writing that such settlement shall set a precedent binding on future grievances.
Step Three
If not satisfactorily settled as outlined in Step Two (2) above, the written grievance may then be presented to the designated Corporate Labor Relations Administrator no later than five (5) working days after receipt by the Union assigned Business Representative and/or Steward of the decision rendered in step two (2) hereof. The Corporate Labor Relations Administrator
CBA: Patuxent River Naval Air Station - Operated & Maintained Liquid Oxygen Plan 1 9 I P a g e shall meet with the Business Representative, and Union Steward in an attempt to resolve the matter and render a written decision thereon within five (5) working days after said meeting/appeal. If a settlement is reached it will be reduced to written form on the grievance form and the matter shall then be considered closed. If the Corporate Labor Relations Administrator fails to provide a written decision within this time limit, the grievance remedy shall be advanced to the next step of this procedure. Any grievance settlements at Step Three of the grievance process, whether by concession, withdrawal, settlement agreement, or resolution actions occurring due to a failure of either party to abide by the time limits of this section, shall not constitute a precedent binding upon the Company or the Union, unless the parties agree, in writing that such settlement shall set a precedent binding on future grievances.
B. If the two parties' representatives are unable to reach a settlement, either party may request a list of qualified arbitrators from the United States Federal Mediation and Conciliation Service. The request shall be for a list of seven (7) arbitrators. The Union and the Company shall alternately strike one name from such list (the right to strike the first name having been determined by lot} until only one name remains and that person shall be the arbitrator.
C. It is understood that the time limits specified herein may be extended by mutual written agreement of the parties.
D. The Company and the Union may mutually agree to combine the grievance of an employee and other similarly affected employees in order to eliminate the need for multiple filings of grievances.
E. The Union shall have authority, with respect to any employee covered by this Agreement, to decline to process a grievance, complaint, or dispute if in the judgment of the Union such grievance or dispute lacks merit or justification under the terms and conditions of this Agreement, or has been adjusted or justified under the terms of the Agreement to the satisfaction of the Union.
F. It is mutually agreed that should an employee be unavailable to sign a grievance form and deliver it to the Company within the time limits specified in Steps One and Two of the grievance procedure, the Union may forward the grievance unsigned. Requests for additional time due to circumstances of the unavailability of the employee to sign will be made to the Project Manager and will be granted at the sole discretion of the Company. The Union must secure the employee signature prior to the grievance form proceeding through the next step of the grievance procedure.
Section 3
Arbitration
A. All expenses incurred by the arbitrator including the fee and expenses which he authorized in connection with the arbitration, shall be shared equally by the parties. Costs incurred by the respective parties for their witness(es) shall be borne by the respective party.
B. This Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties ·and by the arbitrator in the same manner as any other contract under
CBA: Patuxent River Naval Air Station - Operated & Maintained Liquid Oxygen Plan 20 I P a g e the laws of the land. The arbitrator shall have the authority to interpret and apply the provisions of this agreement. The arbitrator shall not have the authority to amend or modify this Agreement or to establish new terms and conditions of this Agreement. The decision of the arbitrator shall be in writing and shall not be made until both parties have had reasonable opportunity to present their case, together with oral arguments . Said decision shall be given not later than thirty (30) days after the submission of the final briefs. Such briefs shall be submitted to the Arbitrator no later than fourteen (14) days from the date of the hearing. Such time limits may be extended by mutual agreement of the parties. It is understood and agreed that a decision of the arbitrator made in accordance with the requirements hereof shall be final and binding on both parties.
C. The parties will conduct arbitration within twenty-five (25) miles of Patuxent River Naval Air Station, Patuxent River, Maryland.
Article 29. Strikes and Lockouts
Section 1
There will be no strikes or lockouts of any kind during the term of this Agreement.
Article 30. Term
This Agreement shall be effective the 1st day of March 2023 and shall remain effective for a term of three (3) years, UNLESS neither party serves a written request for bargaining upon the other within sixty (60) to ninety (90) day time frame prior to expiration, in which case the Agreement shall extend for an additional year.
Signatures
IN WITNESS WHEREOF, The parties hereto have caused this Collective Bargaining Agreement to be executed by their authorized representatives on this 14th day of F 2023.
FOR THE UNION,
/ ) '771 /(d, & , ,Mark M. Duval
Business Representative International Association of Machinist and Aerospace Worker, AFL-CIO District Lodge 4
Benjamen Echols Union Stewart
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