2.04 Attachment 7 - CBA Fallon.pdf

COLLECTIVE BARGAINING AGREEMENT

between

United PARADYNE Corporation and

MACHINISTS AUTOMOTIVE TRADES DISTRICT LODGE NO.

190 OF NORTHERN CALIFORNIA

for and on behalf of

CACTUS LOCAL LODGE NO.801

Reno, Nevada

INTERNATIONAL ASSOCIATION.OF MACHINISTS AND AEROSPACE

WORKERS, AFL-CIO

April 1, 2022 - March 31, 2025

TABLE OF CONTENTS

AGREEMENT 1

ARTICLE I - INTENT AND PURPOSE 1

ARTICLE II - RECOGNITION 1

ARTICLE III - BARGAINING UNIT 1

ARTICLE IV - UNION SECURITY/DUES CHECKOFF 2

ARTICLE V - MANAGEMENT RIGHTS RESERVED 2

ARTICLE VI - HOURS OF WORK AND OVERTIME 3

ARTICLE VII - HOLIDAYS 4

ARTICLE VIII - VACATIONS 5

ARTICLE IX - SENIORITY/JOB VACANCIES 6

ARTICLE X - BEREAVEMENT LEAVE 8

ARTICLE XI - DISCIPLINE/WARNING NOTICES 8

ARTICLE XII - GRIEVANCE PROCEDURE AND ARBITRATION 9

ARTICLE XIII - WAGES AND JOB CLASSIFICATIONS 10

ARTICLE XIV - BENEFIT PACKAGE/HEALTH AND WELFARE/PENSION/SICK LEAVE 11

ARTICLE XV - NO STRIKES/NO LOCKOUTS 12

ARTICLE XVI - BULLETIN BOARDS 12

ARTICLE XVII - VISITATION RIGHTS 12

ARTICLE XVIII - GENERAL PROVISIONS 12

ARTICLE XIX - LEAVE OF ABSENCE 13

ARTICLE XX - SHOP STEWARD 14

ARTICLE XXI - REST PERIODS AND MEAL PERIODS 14

ARTICLE XXII - WORKERS' COMPENSATION 14

ARTICLE XXIII - MAINTENANCE OF PRIVILEGES 15

ARTICLE XXIV - SCOPE OF AGREEMENT 15

ARTICLE XXV - NON-DISCRIMINATION 15

ARTICLE XXVI - SAFETY RULES 16

ARTICLE XXVII - SUBSTANCE ABUSE POLICY AND TESTING 16

ARTICLE XXVIII - JURY DUTY 17

ARTICLE XXIX - DURATION 19

AGREEMENT

This Agreement entered into this day of March, 2022 by and between United PARADYNE

Corporation (hereinafter referred to as the "Company" or "Employer") and MACHINISTS

AUTOMOTIVE TRADES DISTRICT LODGE NO. 190 OF NORTHERN CALIFORNIA for and on behalf of CACTUS LODGE NO. 801, INTERNATIONAL ASSOCIATION OF MACHINISTS

AND AEROSPACE WORKERS, AFL-CIO (hereinafter referred to as the "Union"). This

Agreement supersedes the previous collective bargaining agreement originally scheduled to expire

March 31, 2025.

ARTICLE I - INTENT AND PURPOSE

Section 1.1. In setting forth certain provisions pertaining to wages, hours of work and working conditions, the Company and the Union have agreed to cooperate in establishing and maintaining a harmonious relationship and have provided procedures for the peaceful settlement of all grievances that may arise under this Agreement.

ARTICLE II-RECOGNITION

Section 2.1. The Company herein recognizes the Union as the sole and exclusive bargaining agent for the purpose of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions pertaining to employment for all of the employees in the bargaining unit hereinafter set forth.

Section 2.2. In the event the Company introduces new work which the Union believes does not fall within the existing classifications, the Company and the Union shall, upon written request, enter into negotiations for the necessary classification of work and shall agree on the wage scale applicable thereto. If no agreement is reached, the dispute shall be referred to arbitration as provided in the Grievance Procedure. Pending final settlement of the proper rate for the new work, the work shall be performed at the rate of pay established by the Company.

When a permanent rate is established, it shall become effective on the date the work was first performed in the plant.

Section 2.3. The Union and the employees recognize that they are not to interfere in the relationship between the Company and the Customer.

ARTICLE III - BARGAINING UNIT

Section 3.1. The bargaining unit shall consist of all full-time and regular part-time LOX farm employees employed by the Company at its Fallon, Nevada, Naval Air Station facility as defined in N.L.R.B. Case 32-RC-4583.

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ARTICLE IV - UNION SECURITY/DUES CHECKOFF

Section 4.1. The Company shall deduct upon the first check of the month, the monthly membership dues and/or initiation fee from the earnings of the employees, who have so authorized in writing, and remit same to the Union. Such authorization shall conform to applicable State and Federal laws to be valid.

Section 4.2. The Company shall notify the Union of all job openings within the bargaining unit covered by this Agreement. The Union may refer applicants for such openings. In interviewing and hiring for such job openings, the Company will not discriminate against any applicant referred by the Union. The Employer shall be the judge of the qualifications of its employees and applicants.

Section 4.3. When an employee is hired, the Company will notify the employee of this contract.

Within ten (10) calendar days following the date of hire, the Company shall notify the Union in writing of the name, date of hire, classification, rate of pay, and address of the newly hired employee.

Section 4.4. In the application of this Section, when the Employer is notified by the Union in writing that an employee who has joined the Union is not a member in good standing by failing to tender the Union dues, the Company shall, within ten (10) working days, terminate such employee.

Section 4.5. The Union agrees to and will hold the Company harmless and will indemnify the

Company from any and all claims that may be asserted as a result of the enforcement of this

Section of the Agreement.

ARTICLE V - MANAGEMENT RIGHTS RESERVED

Section 5.1. The Employer reserves and retains, solely and exclusively, all of its inherent rights to manage the business. The Employer alone shall have the full and exclusive authority to determine and direct the policies, procedures, and methods of operating its business. Without limiting the generality of the foregoing, the sole and exclusive rights of management include, but are not confined to, the right to determine, and from time to time. to re-determine the number, types, and locations of its operations and the methods, equipment, and processes to be employed; to discontinue or automate methods, equipment, processes or operations; the right to determine the qualifications for new employees, and to select its employees; to determine the size and composition of its workforce; to determine production and work schedules and methods of work and production to determine the number and type of equipment, machinery, materials and supplies to be used or operated and the products to be manufactured, processed or sold or the services to be rendered or supplied; to hire, promote, transfer, assign, layoff for lack of work, and recall employees to work; to reprimand, terminate. or otherwise discipline employees; to determine the amount and types of work needed; to determine and make the assignments of work; to schedule the hours and days to be worked on each job in each shift; to discontinue, transfer, or assign all or any part of its business operations; to expand, reduce, alter, combine, transfer, assign or to control and regulate or discontinue the use of supplies, equipment, machinery, and processes and any other property owned, used, leased, or possessed by the Employer, to establish, modify and enforce reasonable house rules or regulations, policies, and practices; to introduce new, different or improved methods, means and processes or transportation, production, maintenance, service and operation; and otherwise, generally to manage the facility and direct the workforce; the Employer's failure to exercise any function or right in any particular way shall not be deemed a waiver of its rights to exercise such function or right, nor to preclude the Employer from exercising the same, in some other way not in conflict with the express provisions of this contract.

Section 5.2. The above enumerated rights of management are not all-inclusive but indicate the types of matter which belong to and are retained by the Employer.

Section S.3. Except as specifically abridged, delegated, granted or modified by this contract, or by any supplementary contracts that may be made hereinafter, all of the rights, powers and authority of the Employer existing prior to the signing of the contract are retained by the Employer and remain exclusively and without limitation within the rights of management.

ARTICLE VI - HOURS OF WORK AND OVERTIME

Section 6.1. A shift shall consist of eight (8) consecutive hours, excluding lunch. This shall constitute a normal workday for full-time regular employees as defined.

Section 6.2. Regularly scheduled full-time employees shall have a fixed starting time. When an employee is required to work on a shift other than his regularly scheduled shift, he shall be given at least twenty-four (24) hours' notice of such assignment, except in cases of emergency, unforeseen circumstances, upon the direction of the government if necessary to meet contract requirements or by mutual consent. Part-time employees shall be given forty-eight (48) hours advance notice of their work schedule provided that the Company has sufficient advance notice to do so.

Section 6.3. All work performed in excess of eight (8) hours in a day or in excess of forty (40) hours in a workweek shall be compensated at one and one-half (1 ½) times the regular established pay rate. With the agreement of the Union and the affected employees, the Employer may institute a ten (10) hour, four (4) day workweek schedule. In this instance all work performed in excess of ten

(10) hours in a day or in excess of forty (40) hours in a workweek shall be compensated at one and one-half (1 ½) times the regular established pay rate. Such hours paid at a premium rate over eight

(8) hours per day. or ten (10) hours per day where appropriate. will not be used to satisfy time worked for any employee to qualify for premium pay under other provisions of this Agreement.

Section 6.4. Overtime work will first be offered on a voluntary basis. If there remains an insufficient number of volunteers to meet the work demands, the overtime will be assigned by inverse seniority in the affected job classification. Such an assignment is mandatory. The

Company shall divide all overtime work as equitably as practical to all employees qualified to perform the required work.

Section 6.5. Eight (8) hours must elapse between any two (2) regularly scheduled shifts. Should a period of eight (8) hours not elapse between the end of any one (1) regularly scheduled shift and the beginning of the next regularly scheduled shift, then overtime wages of one and one-half (1 ½) times the regular rate of pay shall prevail for the hours worked outside the employees regularly scheduled shift. Such hours paid at a premium will not be used to satisfy time worked for any employee to qualify for premium pay under other provisions of the Agreement.

Section 6.6. Regular full-time employees are those who are not in a temporary or introductory status and who are regularly scheduled to work the company's full-time schedule.

Section 6.7. The Company will maintain the current ratio of part-time personnel to full-time personnel. However, the Employer may increase or decrease the percentages of any classification through attrition or new hires. The Employer retains the right to layoff part-time or full-time employees in its sole discretion and the Union will not grieve the action.

Section 6.8. When a full-time employee or part-time employee is called into work outside of his regular established schedule, he shall receive not less than four (4) hours of pay for each call

in. Unless such a call-in is for a mandatory meeting. In such a case, the employee will be paid a minimum of two (2) hours.

Section 6.9. The Company will follow its established practice of paying an injured employee to the end of the day the injury incurred if such employee has to leave the site to obtain medical treatment and cannot return.

Section 6.10. When, upon medical release and return to work, there is a bona fide recurrence of the injury on the job and an authorized representative of management acting on the recommendation of a Doctor excuses the employee from work, he shall be paid for the balance of the shift.

Section 6.11. If an employee is required to work on a holiday, he shall be paid at one and one-half

(1 ½) times his regular rate of pay. In addition to this wage, the employee shall be paid holiday pay as outlined in this Agreement.

Section 6.12. All paid leave time for vacation and any holiday is considered as time worked under this Agreement.

ARTICLE VII - HOLIDAYS

Section 7.1. Employees who have completed their probationary period shall be eligible for

Holiday Pay if they are regularly scheduled to work any of the following holidays:

New Year’s Day Labor Day

Martin Luther King’s Birthday Columbus Day

Washington’s Birthday Veterans Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

Section 7.2. Part-time, on-call, temporary and seasonal employees who are eligible for holiday benefits will receive compensation for the holiday on a pro-rata basis on the number of hours worked. This holiday pay will be included in each paycheck.

Section 7.3. In order to be eligible for holiday pay, a full-time employee must work his/her last scheduled day before the holiday and the first (1st) scheduled day after the holiday. If the holiday falls during an employee's vacation, the employee must work the last scheduled day before their vacation and the first (1st) scheduled day after their vacation to be eligible for holiday pay.

Section 7.4. If one (1) of the holidays fall on a regularly scheduled workday during an employee's vacation, he shall be entitled to one (1) additional day of vacation with pay to be taken off some time as may be mutually agreed to between the Company and the employee in order to permit orderly operations of the facility. If a holiday falls on an employee's day off, the employee shall receive an additional day off as his holiday. For the purpose of this Agreement, when anyone of the aforementioned holidays falls on a Saturday, the preceding Friday will be observed as the holiday.

For the purpose of this Agreement, when anyone of the aforementioned holidays falls on a Sunday, the following Monday will be observed as the holiday.

ARTICLE VIII - VACATIONS

Section 8.1. Each employee's vacation shall be granted on the following basis on the employee's anniversary date of hire, provided; however, that employees employed as of the Union recognition date who have less than two (2) years of service shall be grandfathered with their current level of two

(2) weeks of vacation. A part-time employee who becomes full-time shall receive full credit for all years of service.

After One (1) Year of Service One (1) Week

After Two (2) Years of Service Two (2) Weeks

After Five (5) Years of Service Three (3) Weeks

After Eight (8) Years of Service Four (4) Weeks

Section 8.2. Employees who terminate (voluntary or involuntary) shall be entitled to pay for any unused earned vacation.

Section 8.3. Employees eligible for vacation shall be permitted to schedule on the vacation bid schedule their earned vacation benefits in blocks of five (5) consecutive days. Individual days of vacation shall be taken upon giving at least a forty-eight (48) hour notice to their supervisor;

however, in the event of a personal emergency, individual days of vacation may be taken without the required forty-eight (48) hour notice.

Section 8.4. Vacation bid schedules shall be posted in March of each year for employees to choose vacation periods. This schedule shall be posted for thirty (30) days at which time the eligible employees must choose their vacation period by seniority. After the bid schedules are removed, selection of open vacation periods shall be on a first come, first served basis. Vacation denial shall be made within two (2) weeks of the close of the vacation schedule or within forty eight (48) hours of a request to the supervisor.

Section 8.5. In the case of the death of an employee, the Company shall pay all accumulated vacation time due him to the surviving spouse. If there is not surviving spouse, the vacation pay shall be paid directly to his estate.

Section 8.6. Vacation is granted on a yearly basis.

ARTICLE IX- SENIORITY/JOB VACANCIES

Section 9.1. An employee's seniority is defined as his length of continuous service as an employee within the bargaining unit in the classification provided for in this Agreement. It shall be applied as follows (current and predecessor companies)

Section 9.2. An employee will be considered to be in their probationary period for the first ninety (90) calendar days of their employment. The Company. upon written notice, may extend the probationary period for another thirty (30) calendar days: such written notice to be given to the employee and the Union prior to the expiration of the first thirty (30) calendar day probationary period. Once an employee completes their probationary period, their seniority shall be retroactive to their most recent date of hire with the Company. An employee may be terminated or disciplined at any time during their probationary period and such termination or discipline shall not be subject to the grievance procedures of this contract.

Section 9.3. In the event that work becomes slack and the Company deems it necessary to reduce the working force in any of the classifications, the employee with the least seniority in the classification shall be the first employee laid off. It is provided, however, that if such employee has worked with the Company in a lower classification, he may, at his option, in lieu of layoff, exercise his total seniority in said lower classification plus any seniority accumulated in the higher classification for the purpose of bumping the employee with the least seniority in the lower classification. Employees bumping into a lower classification will be paid at the wage rate of the lower classification.

Section 9.4. In rehiring and recalling, reversing the above procedure will be used.

Section 9.5. An employee so reduced in classification due to curtailment of employment shall have the first opportunity to resume his higher classification when his former job is available in line with his seniority.

Section 9.6. Employees who exercise their option to bump an employee because of seniority during a layoff must be technically qualified and competent to perform the work in the new qualification and willing to take the rate of pay of the classification into which they are bumping.

The final determination as to technical qualification will be made by company management. The right to bump due to seniority can be made only once per layoff.

Section 9.7. In case of a layoff of one (1) week or more in job classifications, the employee with the least seniority shall be laid off first, provided that the employees remaining in the respective classification(s) have at least the same qualifications, employment records and abilities to do the work in a satisfactory manner and time. In recall back to work, the employee with the most seniority shall be recalled first, provided the same conditions shown above are met.

Section 9.8. The Employer will comply with the Worker's Adjustment and Retraining Notification

Act (WARN Act). In essence, the WARN Act requires that an Employer give an employee and the

Union sixty (60) days' notice in the event of a plant closing and/or mass layoff.

In the event that a layoff of at least five (5) or more working days involves one (1) or more full time employees, the Employer will give the full-time employee up to seven (7) days' notice if the

Employer has sufficient notice from its customers. If the notice is not given, the full-time employee will be paid one (1) day for each day short of the seven (7) days' notice. If the Company does not receive sufficient notice from its customer, provisions of this Section will not apply.

Section 9.9. Shop Stewards shall be the last laid off provided they are qualified to perform the available work. The Employer shall be the sole determiner of the Stewards' qualifications.

Section 9.10. Any temporary openings of one (1) week or more shall first be offered to the most senior employee, if qualified.

Section 9.11. When vacancies occur in any job classification covered by this Agreement, the

Company shall post notices of such vacancies for a period of at least five (5) calendar days. The

Company shall give full consideration to qualified employees within the bargaining unit who have signed said posted notice and not discourage said qualified employees before hiring an outside applicant.

Section 9.12. Job vacancies, once posted, shall be filled on the basis of an employee's qualifications, abilities, and employment record. Qualifications, abilities and employment record being equal, the employee with more seniority shall be given preference for the position. The

Company shall be the judge of the qualifications of employees and applicants for employment.

Exception: This provision does not apply concerning the progression from part-time to full-time employment in the employee's then current job-title. The employee with more seniority shall be given preference when there is an open full-time position.

Section 9.13. An employee shall lose his seniority and his continuous employment shall be broken for any of the following reasons:

A. Resignation.

B. Discharge for just cause.

C. Layoff or absence due to injury. For all employees employed by the company for one (1) year or greater, absence from work for one (1) year. For employees employed by the company for less than one (1) year, absence from work for four (4) weeks. This is true provided that the employee was not terminated (by the company or others) or laid off by previous companies/parties to government contract at the Fallon

Naval Station.

D. Failure to return to work at the expiration of a leave of absence.

E. Failure to return to work within ten (10) days after being recalled from layoff unless excused by the Company.

F. Absence of three (3) consecutive workdays without reporting to the Company.

G. Termination for failing to obtain and/or maintain government granted interim or final security clearance or is banned from the base and/or restricted access.

Section 9.14. Any employee transferred or promoted to a position which is outside the bargaining unit shall be credited for seniority purposes with his seniority at the time of his promotion out of the bargaining unit, such credit to remain in effect for a period of not to exceed one (1) year. However, the employee shall not accrue seniority credit while outside the bargaining unit.

ARTICLE X - BEREAVEMENT LEAVE

Section 10.1. In the event of a death in the immediate family of an employee who has completed their probationary period, the employee shall be granted a paid leave of absence not to exceed three

(3) days, if the funeral is within the continental United States or five (5) if the funeral occurs outside of the continental United States. This provision does not apply if the funeral occurs during the employee's vacation or while on leave of absence, layoff, sick leave or regularly scheduled days off.

The immediate family shall mean only a father, mother, brother, sister, spouse, child, step-child, grandparent or grandchildren.

Section 10.2. The Employer may demand verification of the death and the relationship. The employee must notify his/her supervisor as soon as possible of the death and his necessary absence from work.

Section 10.3. Funeral leave applies only in instances in which the employee actually attends the funeral or is required to make funeral arrangements but is not applicable for other purposes such as settling the estate of the deceased.

ARTICLE XI - DISCIPLINE/ WARNING NOTICES

Section 11.1. The Company shall have the right to maintain the discipline and efficiency of its operations. The Company may only discipline or terminate employees for reasons of just cause.

Section 11.2. An employee may be terminated or disciplined at any time during their probationary period and such discipline or termination shall not be subject to the grievance procedure of this contract.

Section 11.3. Written disciplinary actions (notices of verbal counseling, written warnings.

suspensions and terminations) issued to an employee must specify the events or actions for which the notice is issued.

Section 11.4. Notices of verbal counseling and written warnings shall not be used as a basis of discipline after a period of one (1) year.

ARTICLE XII - GRIEVANCE PROCEDURE AND ARBITRATION

A grievance is defined as a condition that exists as a result of an unsatisfactory adjustment or failure to adjust a claim or dispute by an employee or employees. the Steward or Stewards or the

Union concerning rates of pay, hours or working conditions set forth herein or the interpretation or application of this Agreement. All grievances shall be processed in accordance with the following procedure:

Step 1. Oral Procedures: No matter shall be considered a grievance until it is first taken up orally by the employee and/or Shop Steward with the immediate foreman or supervisor who will attempt to settle the matter. All grievances shall be taken up with the appropriate Company representative within five (5) calendar days after the grievant or the Union's first knowledge of said grievance. When an unsatisfactory answer is received, the grievance may be referred to

Step 2 in' writing within five (5) calendar days.

Step 2. Steward and Foreman (Written Grievance): The Shop Steward shall take up the grievance with the immediate foreman or supervisor who will attempt to adjust the grievance and the Company will render a decision in writing within five (5) calendar days from the time of its presentation to him. When an unsatisfactory answer is received, the grievance may be referred to Step 3 in writing. If the grievance is unanswered at the expiration of five (5) calendar days, the grievance will automatically be referred to Step 3.

Step 3. Business Representative and Management: The Business Representative or authorized Union representative (not a Shop Steward) and an authorized representative of the

Company, shall meet within five (5) calendar days. The Company shall render an answer in writing within ten (10) calendar days after such meeting. When an unsatisfactory answer is received, or if the grievance is unanswered within the above time limit, the grievance may be referred to Step 4.

Step 4. Arbitration: If the Business Representative of the Union wishes to carry the grievance beyond Step 3, the following procedure shall apply:

The Union's Business Representative shall make a request to the designated Company representative in writing within ten (10) calendar days after receipt of the answer to Step 3 to meet for the purpose of mutual selection of an arbitrator. If the parties fail to agree, a request shall be made to the American Arbitration Association by the party aggrieved within fifteen (15) calendar days after the meeting above for a panel of seven (7) names of arbitrators. The

Employer will strike the first name after which the parties will alternately strike names until only one (1) remains and this person will be the arbitrator.

The decision of the arbitrator shall be final and binding on the parties and shall be in accordance with the terms and conditions of this Agreement. He shall not have authority to alter in any way the terms and conditions of the Agreement. The arbitrator's fees and expenses shall be borne by the losing party. Mutually agreed to clerical and stenographic expenses incident to the arbitration shall be borne equally by the Company and the Union.

Except where the arbitrator determines that circumstances warrant otherwise, arbitration decisions shall be rendered within thirty (30) calendar days of the hearing.

A grievance appealed to any step of the procedure set forth herein shall not be further discussed or settled in any prior step except by mutual agreement of the designated representatives in the step to which such grievance has been appealed.

General Rules:

A. Time limits may be extended by mutual agreement.

B. In the event the Union or the Company has a grievance, the grievance shall be processed directly into Step 3.

C. Grievances regarding alleged improper discharge or layoff must be filed within three (3) working days after such discharge or layoff and shall be heard commencing with Step 3.

ARTICLE XIII - WAGES AND JOB CLASSIFICATIONS

Section 13.1. The following minimum hourly rates of pay shall prevail during the term of this

Agreement:

Current 4/1/2022 4/1/2023 4/1/2024

LOX Helper/Cryogenics Operator $31.51 $32.61 $33.75 $34.85

Section 13.2. In the event there is a significant jump in inflation based on the Consumer Price

Index or other acknowledged inflation index, by mutual agreement, the parties may open the wage section of the Collective Bargaining Agreement for negotiations. Absent agreement, the wage rates herein would be in full force and effect for the then remaining duration of the agreement.

ARTICLE XIV -BENEFIT PACKAGE/HEALTH AND WELFARE/PENSION/SICK

LEAVE

Section 14.1. The Company agrees to contribute the amount listed below per hour paid up to a maximum of forty (40) hours per week. Full-time employees may elect voluntary benefits as standalone (medical, vision, and/or dental) and may also elect bundled benefits (long-term disability and life insurance) which are all 100 percent employee paid for all full-time employees and their legal dependents.

Part-time employees working 30 hours or more per week may elect voluntary benefits as standalone (medical, vision, and/or dental) which are all 100 percent employee paid for all part time employees and their legal dependents.

Full-time employees may also elect supplemental life insurance and dependent life insurance. In order to elect dependent life insurance, you must elect supplemental life insurance for yourself.

This is 100 percent employee paid.

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 not subject to the Grievance Procedure of this Agreement.

The Health and Welfare will be cash in lieu with the full cost of the premium for elected benefits being deducted on a pre-tax basis.

HEALTH/ WELFARE

Current 04/01/2022 04/01/2023 04/01/2024

Per Hours Paid $5.80 $5.97 $6.17 $6.37

In the event there is an opportunity to transition into a Union provided health care plan, by mutual agreement, the parties may open the health and welfare section of the Collective

Bargaining Agreement for negotiations. Absent agreement, the current health and welfare plan herein would continue in full force and effect for the then remaining duration of the agreement.

Section 14.2. Employer shall contribute the amounts listed below per hour for each eligible permanent employee (part-time and full-time) to the I.A.M. Pension fund for the purpose of providing pension benefits and execute the "Standard Contract Language."

Current 04/01/2022 04/01/2023 04/01/2024

Per Hour $.90 $1.00 $1.10 $ 1.20

Section 14.3. Each full-time employee shall accrue five (5) sick days per year. Unused sick leave may be carried over from year to year to a maximum of ten (10) days. There will be no buyback of unused sick leave. Although new employees will begin accumulating sick leave from their date of hire, they will not be permitted to utilize this leave until the end of the employee's probationary period.

ARTICLE XV - NO STRIKES/ NO LOCKOUTS

Section 15.1. The Union agrees that it shall not engage in, authorize or recognize any strikes, picketing or other interruption of the Company's normal operations during the term of this

Agreement. The Company agrees that it shall not lock out the employees during the term of this

Agreement.

Notwithstanding the provisions of this Agreement. any party aggrieved by a violation shall have the right to seek a remedy for such violation before the National Labor Relations Board or a

Court of competent jurisdiction.

ARTICLE XVI - BULLETIN BOARDS

Section 16.1. The Company shall provide bulletin boards in a satisfactory place for posting by the Union of notices. Notices will be restricted to notices to members of Union meetings.

activities, elections and results of elections. No material of an inflammatory or derogatory nature will be posted. All other notices shall be subject to review and approval of the Company before posting.

ARTICLE XVII- VISITATION RIGHTS

Section 17.1. Union representatives shall have reasonable access to the facility by permission of the Company and clearance by the Base Commander.

ARTICLE XVIII - GENERAL PROVISIONS

Section 18.1. The Company agrees that it will not discriminate against any employee because of his membership or activity in the Union.

Section 18.2. The Company shall furnish all tools and equipment necessary for the performance of work and all such equipment shall be in safe working order. Special tools and equipment shall include, but not be limited to, flashlights, batteries, gloves, power and pneumatic tools.

Section 18.3. The Company shall furnish rain gear for each employee covered by this

Agreement. This rain gear shall consist of raincoat and rain pants.

Section 18.4. The Company shall provide all employees with an annual allowance, or as needed due to excessive wear and tear, of one hundred and fifty d ollars ($150.00) with which to defray the cost of safety shoes. Dispatchers and accounting clerk are the only classifications excluded from this provision.

This allowance is applied on a contract-year basis. Reimbursement for safety shoes is contingent on the employee's purchase being in compliance with ANSIZ41- 1991 and ATSM F2412-05 and

F2413-05.

Section 18.5. Uniforms will be provided by the Company without cost to the employees and shall be worn or utilized by the employees in the performance of their job tasks. The Employer will provide a uniform service company that will maintain the uniforms at no cost to the employees.

Section 18.6. There shall be no deduction from employee's pay covered by this Agreement except as provided in this Agreement or as required and in the manner prescribed by law or as mutually agreed to by the Company and the Union and as authorized in writing by an employee.

Section 18.7. Employees shall be paid bi-weekly. There shall be no unreasonable delay in the payment of wages on payday. When payday falls on a Saturday, Sunday or recognized holiday, the last workday preceding shall be considered as payday.

Section 18.8. Within ninety (90) days subsequent to the signing of this Agreement, the

Company shall furnish the Union with a seniority list covering all employees within the bargaining unit listing their names, classifications and status (active, leave of absence, layoff, etc.).

Section 18.9. When the Company is requested in writing by the Union, it shall furnish a revised up-to-date seniority list. Such request shall not be made more often than once in any calendar year.

Section 18.10. At any time following the hiring of an employee, the Company may require the employee to take a physical examination. The cost of such medical examinations shall be paid by the Company. The intention here is to avoid having employees on jobs which might jeopardize their health or the safety and health of others. Should the medical examination disclose such conditions, the Company will make every effort to assign an employee to other work in his classification and within his capability.

Section 18.11. When available to the Company, a copy of the medical report will immediately be furnished to the employee.

ARTICLE XIX - LEAVE OF ABSENCE

Section 19.1. All employees with one (1) year of service who have worked 1250 hours shall be covered under the provisions of the Family Medical Leave Act ("FMLA").

ARTICLE XX - SHOP STEWARD

Section 20.1. The Company recognizes the right of the Union to designate a Shop Steward from the Company's seniority list. The authority of the Shop Steward so designated by the Union shall be limited to and shall not exceed the following duties and activities:

A. The investigation and presentation of grievances to the Company or the designated

Company representative in accordance with the provisions of the labor agreement.

B. The transmission of such messages and information which shall originate with and are authorized by the Union, or its Officers, provided such messages and information have: ·

1) been reduced to writing, or

2) if not reduced to writing, are of a routine nature and do not involve work stoppages, slowdowns, refusals to handle goods or any other interference with the Company's business.

Section 20.2. The Shop Steward shall be permitted a maximum of two (2) hours per week to investigate, present and process grievances on the Company's property without loss of time or pay during his regular working hours. The Shop Steward will only be paid by the Company for time spent handling grievances during regular work hours.

ARTICLE XXI - REST PERIODS AND MEAL PERIODS

Section 21.1. All employees shall be entitled to a fifteen (15) minute rest period for every four

(4) hours worked, or major portion thereof. All employees eligible to take a One-Half (1/2) hour lunch break will do so on their own time.

ARTICLE XXII - WORKERS' COMPENSATION

Section 22.1. The Employer has secured workers' compensation insurance coverage and will make every reasonable effort to see that injured employees receive prompt, adequate medical attention. Any employee sustaining a work-related injury must immediately report said injury to his supervisor and, if necessary, request medical attention from that supervisor.

Section 22.2. Prior to hiring or within thirty (30) calendar days of hiring an employee or prior to returning to work from an injury, the Employer may require that the employee take a physical examination at no cost to the employee. The intention here is to avoid having employees on jobs which may jeopardize their health or the safety and health of others. The Employer shall attempt to reasonably accommodate those employees with disabilities who can perform the essential functions of the job as may be required by the American with Disabilities Act. When such other work is not available. the employee may be removed from the payroll and the case should be taken up with a representative of the Union.

Section 22.3. All employees will observe all safety rules set up by the Employer.

Section 22.4. All employees have the right to consult their own doctor for Workers'

Compensation cases provided the Employer is notified, in writing, in advance of any work related injury.

Section 22.5. The Company affirms its willingness at all times to receive and consider all constructive complaints, suggestions or recommendations of the employees with reference to matters affecting safety, sanitation and health and improvements in productivity and the general welfare of the employees and Company.

ARTICLE XXIII - MAINTENANCE OF PRIVILEGES

Section 23.1. It is agreed that any and all privileges enjoyed by the employees while employed by the company shall not be denied to them because of the signing of this Agreement unless specifically altered or deleted herein. Such privileges shall be continued to be enjoyed by the employees during the term of this Agreement.

Section 23.2. Should any conflict arise between the Collective Bargaining Agreement (CBA) and the Employee Manual/Handbook, the CBA will take precedence. All other policies in affect at the signing of this CBA that are not modified or amended by the CBA will remain in effect.

ARTICLE XXIV - SCOPE OF AGREEMENT

Section 24.1. This Agreement shall inure to the benefit of and shall be binding on the heirs, executors and administrators of the parties hereto. The provisions of this Agreement shall be binding on the Company by whatever name it may trade under, and all the terms and obligations herein shall not be affected or changed in any respect by such name change or changed in any respect by any change in the legal status or management of the Company. The Company shall give notice of the existence of this Agreement to any purchaser, transferor, lessee, assignee, etc., of the operation covered by this Agreement or any part thereof. Such notice shall be in writing with a copy to the Union at the same time the seller, transferor or lessor executes a contract of transaction as herein described.

Section 24.2. The Employer and Union acknowledge that this Agreement, which shall supersede any and all prior understandings and practices whether oral or written, constitutes the sole and entire agreement between the parties and expresses all obligations and restrictions imposed on each of the respective parties during its term; however, this Agreement may be amended in writing by mutual agreement at any time.

ARTICLE XXV -NON-DISCRIMINATION

Section 25.1. The Company and the Union agree to observe all applicable Federal and State laws regarding non-discrimination against any employee or applicant for employment because of race, disability, color, religion, origin, age, genetic information, gender identity, sexual orientation, sex, veteran status or any other protected class by law.

Section 25.2. The use of personal pronouns of the masculine gender is for grammatical purposes only, and the terms of this Agreement shall apply equally to persons of either sex.

ARTICLE XXVI - SAFETY RULES

Section 26.1. In the interest of maintaining high standards of safety and to minimize industrial accidents and illness, the following is agreed:

A. The Company will comply with all State and Federal safety sanitary laws.

Suitable washrooms and lockers shall be maintained and kept in clean and sanitary condition.

B. Adequate safety devices shall be provided by the Company and when such devices are furnished, it shall be mandatory for employees to use them.

C. No employee shall be discharged or disciplined for refusing to work on a job if his refusal is based upon the claim that said job is not safe or might unduly endanger his health until it has been determined by the Safety Officer at NAS Fallon that the job is, or has been made, safe or will not unduly endanger his health.

D. If the Company has a safety program and requires an employee to wear safety glasses, the Company shall provide standard safety frames and non-prescription lenses. It is mandatory that the employee wear them provided that the condition of his eyes is such that he does not require prescription glasses.

Where an employee requires prescription glasses, he shall provide the prescription and the

Company will pay the cost of the standard safety frames and the safety lenses ground to his prescription. The full cost of replacement of frames and lenses due to work accidents shall be borne by the Company.

A. Employees who operate cranes shall be fully instructed in the safe operation of the equipment with "documented safety training" on said equipment.

B. Heat and ventilation shall be provided where practical.

C. If the Company requires employees to perform welding, it shall furnish colored glasses for welder's hoods and goggles.

ARTICLE XXVII - SUBSTANCE ABUSE POLICY AND TESTING

Section 27.1. This Employer maintains a strict policy against the use of illegal drugs or alcohol while on duty, while on Employer's premises. and while operating Employer's vehicles.

Section 27.2. No employee may use, possess, distribute or sell any illegal drug while on the

Employer's property, while on duty or while operating a vehicle that is either owned or leased by the Employer. Employees may not be under the influence of an illegal drug or alcohol while performing the Employer's business, both on or off the premises. Any violation of this policy will result in immediate termination. To facilitate administration and enforcement of this policy, the Employer may require job applicants and employees to submit to drug or substance testing under certain circumstances delineated below:

A. All job applicants applying for employment with the Employer must submit to and pass a drug-screening test. All offers of employment are conditioned upon successful completion of testing procedures.

B. All employees placed on probation must submit to and pass a drug-screening test before they are able to complete probation.

C. In cases where an employee's supervisor or any other management employee has reasonable cause to believe that an employee possesses or is under the influence of drugs and/or alcohol and such use or influence may adversely affect the employee's job performance or the safety of the employee or co-workers, alcohol and/or drug screening may be required of that employee. This reasonable cause should be bas d on objective symptoms, such as employee's appearance, behavior, and/or other relevant facts. If an employee is on a medically- prescribed medication, it is the employee's responsibility to advise the supervisor of this fact before he reports to work.

D. Testing may also be required if an employee is found to be in possession of physical evidence; i.e., drugs, alcohol or drug paraphernalia, possibly connected with the use of an illicit drug. Testing may also be required if illicit drugs and/or alcohol are found in employee's immediate work area, locker or automobile.

E. Alcohol and/or drug screening will be required following any work-related accident or violation of written safety precautions or standards, whether or not any injury resulted from such accident or violation.

F. Violation of this policy by failure to pass a drug-screening test or failure to cooperate fully with any request to test by the Employer will result in immediate termination. Employer will pay the full cost of any testing that is requested of an applicant or employee.

ARTICLE XXVIII -JURY DUTY

Section 28.l. A full-time employee required to be absent from his employment to serve on a jury shall be paid eight (8) times his regular hourly rate of pay for each day of jury service up to a maximum of ten (10) days per contract year. Such absence shall be supported by a statement signed by the Clerk of the Court certifying as to each day of jury duty. All monies received by the employee as a result of such jury duty service shall be endorsed over to the Company. An employee who is subpoenaed or surrirrl6l'ied to Court as a witness in a case in which the

Company is a party or in which the employee is called concerning information received in official capacity as a Company employee shall receive all benefits and pay and operate under the same conditions as outlined in Section I of this Article.