693KA8-19-R-00006 - Attachment J-8 Appendix B.pdf
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REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR
THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION
By direction of the Secretary of Labor | WAGE AND HOUR DIVISION
| WASHINGTON D.C. 20210
| Wage Determination No.: 2019-0063
Daniel W. Simms Division of | Revision No.: 1 Director Wage Determinations| Date Of Last Revision: 03/21/2019 Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.60 for calendar year 2019 applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. The EO minimum wage rate will be adjusted annually.
Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.
State: Oklahoma
Area: Oklahoma County of Oklahoma Employed on Federal Aviation Administration contract for air traffic controller training support.
Collective Bargaining Agreement between CNI Federal Services, LLC and International Association of Machinists and Aerospace Workers, AFL-CIO, District Lodge 171 and Its Local Lodge No. 850, effective September 21, 2018 through September 21, 2021.
In accordance with Sections 2(a) and 4(c) of the Service Contract Act, as amended, employees employed by the contractor(s) in performing services covered by the Collective Bargaining Agreement(s) are to be paid wage rates and fringe benefits set forth in the current collective bargaining agreement and modified extension agreement(s).
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal
Contractors, applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is the victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.
COLLECTIVE BARGAINING AGREEMENT
Between
CNI FEDERAL SERVICES, LLC
And
INTERNAT萱ONAL ASSOCIATION OF
MACHINISTS
AND AEROSPACE WORKERS, AFL-CIO
District Lodge 171
And Its
Local Lodge No, 850
September 21, 2018 - September 12, 2021
TABしE Ol: CONTENTS
AGREEMENT � �之
ARTICLEl �RECOGN什ION �2
AR丁IC」E2 �MANAGEMENTRiGHTS �3
ARTICLE3 �DUESCHECKOFF �3
ARTICLE4 �S各NiORI印 �4
ARTICLE与 �HOURSOFWORK �6
ARTICLE6 �OVERTIMEANDSCHEDUしECHANGES �7
ARTiCLE7 �HOLIDAYS �8
AR丁iCLE8 �GRIEVANCE/ARBi丁RATiONPROCEDURE �9
ARTICLE9 �S丁RIKES,しOCKOUTSANDWORK �12
STOPPAGES
ARTICLEIO �LEAVEOFABSENCE �12
ARTICしEll �VACAT10N �14
ARTICLE12 �」URYDUW �14
ARTICLE13 �SAFETYANDHEALTHBENEFITS �1与
ARTiCLE14 �WAIVERS �1与
ARTICLE15 �BUしLETINBOARDS �1与
AR丁iCし亡16 �HEALTH&WELFARE �1与
AR丁ICし巨17 �GEN各RAし �16
AR丁ICしE18 �UNIONREPRESENTATION �18
ARTICLE19 �WAGES �19
AR丁IC」巨20 �RPOSTAFFING �19
ARTICLE21 �DURATION �21
MACHINISTSNONPARTISANPOL汀ICAL � �22
LEAGUECHECK-OFF
CNIFederalServicesしLC SAVINGSAND � �23 lNVESTMENTPLAN(401K〉
AGREEMENT
THIS AGREEMENT entered into at Mike Monroney AeronauticaI Center, Okiahoma City, Oklahoma, e什ective 12:01 AM, 21 September 2018, by and between CNI FEDERALSERVICES,山C.
(hereinafter referred to co=ectiveIy and sepa「ately as the -icompany’’) and the lN惟RNA¶ONAL
ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO, DistrictしOdge 171 and its
Locai Lodge No. 8与0 〈herein co=ectiveiy ’lunion-1) as representative for the purpose of co=ective bargaining of the empioyees herein∈亜er de軸ed. Said parties ag「ee as fo=ows:
The purpose ofthis agreement is to provide orderly co=ective ba「gaining reIations between the Company and the Union, tO SeCu「e a PrOmPt and fair disposition ofgrievances and to stabiIize emploγment 「elations for the duration ofthis agreement.
The term '一empIoyee'一or一一empioyees’’as used in this agreement (except where the context clea「Iy indicates otherwise) sha= mean an empIoyee or empIoyees of the Company within the bargaining unit described in the Recognition Article, and this agreement sh訓apply only to such empioyees.
This agreement can be changed or mod摘ed only by a document in writing signed on behaif of bo軸parties hereto by their duly authorized representatives川rOvided′ however′ that wr請en agreements regarding particular matters or understandings may be made between the Company and the Union and sha= be binding upon the empIoyee or empioyees concemed, the Company andthe Union.
Should any part hereof o「 any provisions herein contained be rendered or deciared invaiid by reason of any existing or subsequentIy enacted legislation or a decree ofa co…t Of competent jurisdiction, SuCh invalidation of such part or po面On Of this Agreement sh訓not invaIidate the remal…g POrtions hereof and they sh訓「emain i= fuIl force and e什ect.
This agreement shall be binding upon the Company′ its corporate successors and assigns・
AR丁ICし亡き
RECOGNITION
l.1 The Company recognizes Dist「ict Lodge 171 andしOCaIしOdge 850 International Association
Of Machinists and Aerospace Workers, AF」CIO, aS the excIusive bargaining representative with respect to rates of pay, WageS, hours of empIoyment and other conditions of empioyment for a= empIoyees of the CNt FEDERAL SERVICESしLC ciass甫ed as Remote Pilot Operators (RPOs〉 and
しead Remote PiIot Operators C丁C iocated at the Mike Monronev Aeronauticai Center, OkIahoma
City, OkIahoma in the bargaining unit described in the ce巾fieation issued by the National Labo「
Reiations Board:
● case 17-RC-12645
1.2 The term ′′domain′′ as used in this agreement means one or more of the fo=owing instructionai areas at the Mike Monroney Aeronauticai Center: Tower, Enroute or Termina上
AR丁IC」と2
MANAGEMENT RIGHTS
2.1 The Union recognizes that it is the function and right of the management to exercise its own judgment and discretion in developing processes which meet the standa「ds of Govemment requirements and customer acceptance, tO meet COmPetition, in order that its business and jobs and wages be protected・ To a軸n these bene伍s the Union recognizes as included in′ but not limited to, the fo=owing rights and duties of management:
2.2 Said rights inciude′ but are not limited to the right to empIoy′ aSSign′ t「anSfer’PrOmOte′ reclassify, layoff, disc印ne for just cause, and discharge empIoyees for just cause声O determine sta怖ng -eveIs, emPIoyee′s duties′ and the number of hou「s to be worked; inciuding the qua冊y and quantity of output and the wo「k methods for achieving the same; tO eStab圃雨andards of performance and to maintain the e靴iency of empioyees; tO Create, mOdfty, COmbine, departments and fac冊es in whoie o「 in part; tO determine workscheduIes′ startingand stopping times, and overtime; tO PrOmuIgate and enforce reasonabie work ruies′ POiicies and standards.
The foregoing enumeration of the Company’s rights sha= not be deemed to exciude other p「eexisting rights which do not con輔ct with the provisions ofthe Agreement.
2.3 This Agreement sh訓be applied fairly and sha= not in any way be used to discriminate against empIoyees on account of race′ COior′ reiigious a冊iation′ SeX′ age′ nationai origin′ Veteran o「 disab掴ty status. It is understood that wherever in this Agreement empIoyees or jobs are refe「red to in the male or female gender; it sha= be recognized as refe「ring to both maie and femaie empIoyees.
The Company agrees not to interfere with the rights of its empIoyees to become members ofthe
Union, and the「e sha= be no discrimination, interference, reStraint, Or COe「Cion, by the Company
Or any Of its agents against any empioyee because of Unio= membe「ship or because ofacting as an o鞘cer ofor in any other bona fide activity on behaIfofthe Union.
AR丁ICし各3
DUES CHECK OFF
3.1 The Company agrees to a check o什of Union dues′ initiation fees and assessments for a= empIoyees covered by this agreement′ PrOVided that the Union deiivers to the Company a wr匝en authorization to make such deductions, Signed bythe empIoyee, irrevocabIe for one year or the expiration date ofthis agreement′ Whichever sha= occur soone「・ The Company sh訓make deductions for each member from each pay period ofsuch member each month. The Company sh訓promptiy disburse to the Union Sec「etary-Treasurer of Dist「ict 171 the amount dedueted not laterthan the lOth ofthat month which fo=ows the month for which dues were deducted.
3.2 Nothing contained in this A面Cie sha= be const「ued to requi「e the Companyto vioiate any appiicable Iaw.
3.3The Union agreesto and does he「eby hold and save the Company ha「miessfrom any and aI川ab冊y, reSPOnSib冊y, Or damage for deduction′ Payment authorization′ Or nOtification as provided fo「 in this Article′ SPeCifica=y including′ but no川mited to′ the Companies’agreement to deduct dues, initiation fees and reinstatement fees from the empIoyee′s paycheck and the
Unions assumes fuIl responsib掴tyfor the disposition ofthe funds so deducted when tumed over to the Secretary-Treasurer of the Union.
ARTICしE 4
S且N10R!W
4.1 The term ′′seniority当s defined as including the whoIe span of continuous service with the present contractor′ Or SuCCeSSOr′ and with predecessor contracto「s′ in the performance of similar work atthe samefac冊y. An empIoyee who istransferred into the bargaining unitfrom anothe「
Company site sh訓establish a new seniority date which is the date the transfer is e什ective.
EmpIovees transferring in from anothe「 Company site sha旧etain their originai benefit date.
4.2 Probationary Period: Anyempioyee who has been in the empIoyment ofthe Companyfor
Ninety (90) calendardays, Sha= be considered a Senio「ity EmpIoyee ofthe Companv・ Duringthe probationary period the empIoyee sha= be subject to Iayoff, discipIine, Or discharge at the soIe discretion ofthe Company, and such action sh訓not be subject to the grievance procedu「e.
4.3 Shouid the FAA deem an empIoyee unsuitabIe for continued empIoyment at the Mike
Monroney fac冊y and fumishes supporting documentation for termination of empIoyment′ the
Company w紺compiy. It is unde「stood that the Company,s actions are dictated by the Company′s contract with the FAA and as such are beyond the controI ofthe Company.
4.4 Seniority will not be broken for: (1) periods of approved ieave of absence, (2) periods of
Iayoff due to Iack ofwork, (3) periods of absence due to injury or冊ess. Periods of absence set forth in (1), (2) and (3) sh訓not exceed 18 months. In the case of occupational injuries, continuous empIoyment w紺be for the length of the disab冊y as provided under the Iaw.
Nothing within this agreement w旧imit the Company from exercising its right to augment its workforce, aS it deems necessarY, tO Offset the e什ect of an empIoyee(s) being away f「om his/her regularly scheduIed work activities whiie on an approved Medicai Leave of Absence (MLOA〉・
Shouid any period be requi「ed to exceed 90-days, the Company w紺promptly notfty the duly authorized Union representative ofthe necessary change.
4.5 Effective 9 September 2015 the Company w紺assign a sequential′ emPIoyee unique identification number to a= new empIoyees. The number sha= then be used for purposes of iayoff, reC訓and promotion戸e., if two empIoyees have the same seniority date, the empIoyee that hasthe Iowest numbersha= be considered to be the most seniorofthe empIoyees hired on the same day. The Union and Company have agreed to create a ′′Master Document′′ for the
Seniority of a= empIoyees.
4.6 Loss of Seniority‥ Ali seniority of any empIoyee sha旧erminate if the empIoyee:
● Voiuntariiyresigns, ・ ls Discharged fo「」ust Cause,
● Fails to be Reca=ed Fromしayoff within eighteen (18) Months of such layoff, the empIoyee must respond within five (与) days of receipt ofa ′′ce由fied Letter of Rec訓〃, ・ An empIoyee has abandoned thei「job fo「 a period of 3 consecutive Workdays (No
C訓-in, No Show);
・ Transfers to a position outside ofthe Bargaining Unit.
● FaiIsto retum, aSSCheduied,f「om an approved Leave ofAbsence, Within 3workdays.
4.7 Seniority List: A seniority iist of bargaining unit empIoyees wi= be maintained by the
Company and w冊be made availabIe to the Union quarterIyorupon o冊ciaI Union request. The
Company w冊umish a Iistto the union reflecting new-hires′ their certifications and domain′ their date of hire, and termination or layo什dates.
4.8 When the Company determines a need for lead RPOs′ Iead positions wi= be posted for five (与) working days, EmpIoyees may appIy for the open position on-Site. The position wiIl be posted on the Bu=etin Boards. The position w冊be f紺ed by the most qua=fied candidate as determined by the company. An empioyee's senio「ity′ eXPerience′ quaiifications′ attendance′ and overa= work record wi= be considered in the seiection process and w紺be subject to verification. The successful bidder sh訓be assigned to their newjob at the begiming ofthe pay period after the seIection process has been compieted, at the appropriate rate of pay.
4.9 in the event ofa reduction in force, the Company sha= designate the number of positions to be reduced in each a備ected domain. The Ieast senior empioyee(s) in the g旧ected domain w川 be designated for iayoff. EmpIoyees who have been previousiy certified in another domain w川 be given an opportunityto bump Iess senio「 empIoyees in that domain. The Company w紺provide a minimum of two (2) weeks’notice of any anticipated reduction in force, eXCePt Where
Circumstances beyond the Company’s controi p「event such timeIy notification・
4.10 Laid-O什empIoyees w川be provided reca= rights for a period of 18-mOnths from the date ofIay-O情Rec訓sha= be accomplished in seniority orderwith the most senior empioyee hoIding the required ce巾fication being reca=ed first to the domain with a vacancy. Reca=ed empIoyees who faiI to recertify within the domain in which they are assigned w川be terminated.
4.11 The Company, by certified maiしto the iast home address of record, W掴contact laid-Off empIoyees fo「 reca= opportunities. However, ifthe empIoyee(s) do not respond within 5 days of the attempt to contact the empIoyee the next most senior empioyee w川be contacted.
ARTICしE 5
HOURS OF WORK
5.1 The purpose ofthis Article is to define the normal hours ofwork.
The designated times of beginning each shift during the scheduIed workweek sha= be‥ First shift
- between 6:OO AM and lO:00 AM; Second shift- between 2:00 PM and 5:30 PM; Thi「d sh皿-between lO:00 PM and l:00 AM ofthe fo=owing day.
5.2 Workweek: The workweek sh訓consist of seven (7〉 consecutive days beginning at 12:01 a.m. on Mondayand endingat 12:00 midnighton thefo=owingSunday.Wo「kday: An empIoyee-s wo「kday sh訓begin each caiendar day at the regular starting time of his assigned sh冊and end twenty-four (24) consecutive hours later.
Standard Workweek: The normal weekIy work schedule established by the EmpioYe「 Sh訓consist offive (5) consecutive wo「king days of eight (8) consecutive hours each, Monday through Friday excIusive of meaI periods.
Nothing in this Agreement sh訓be construed as a guarantee of hours of wo「k per day or per week; Or aS a limitation on the Empioyer's right to require overtime work, eXCePt aS PrOVided herein.
5.3 Sh椚prefe「ence. Fo=owing the effective date ofthe agreement′ emPIoyees w川provide a shift preference request in a form provided by the Company. Every Feb「uary lSt and August lSt thereafter, emPioyees may submit a sh肺preference form request if desired. Shifts w紺be assigned by RPO and RPOしead preference in order ofseniority.
1rhe parties acknowIedge there w紺be non - rOutine, eXtenuating ci「cumstances throughout the year where RPOs would find it necessary to wo「k a modified/defined scheduie. In such circumstances, emPioyees can 「equest to modify their Sh阻P「eference Fo「m (outside of the
February/August cycie), Or requeSt SPeC描c days ofthe week to work. Management, at their soie discretion, Can aPPrOVe SuCh requests and the change (s〉 w川remain in effect untii rescinded or by additionai request ofthe empioyee. This process is not subject to the grievance procedure.
When lSt or 2nd shift requirements exceed sh肺preferences avaiIabIe, the Company w紺assign sh肺s with the least senior RPO for the week that has not been scheduied on a non-Preferred shift, and work in reverse seniority order until訓requirements have been met for the week.
甘he most senior 50%, but not to exceed a total of lOO RPOs, Sha= not be used to cover non-prefe「red shifts unIess required for equitabIe workday distribution or ope「ational requirements dictate.
5.4 Determination ofstartingtime and hoursofwork sh訓be made bythe CompanY and such scheduIes may be changed from time to time to suit varying conditions of business.
5.5 Empioyees wi= be訓owed one (1)冊een (15) minute rest pe「iod before lunch and one (1)
冊een 〈1与) minute rest period a亜er lunch in each workday. Said rest periods are to be taken
When work permits.
5.6 An emp-oyee who is scheduled and reports for work at the scheduIed time without an attempt bythe Companyto notify him not to so report, Sh訓be given four (4) hours work of any type which is available, Or if no such work is availabIe, he sha= be given four (4) hours pay at the applicab-e rate川「OVided however′ that if wo「k is not avaiIabIe as a resuit of ci「cumstances beyond the controi ofthe management, the Company sh訓not be so o帥gated.
in cases of severe weather or other natural disasters, Where the Mike Monroney Aeronautical
Cente「 is cIosed or hours are cu巾iIed, emPioyees are authorized to use iibera=eave to suppIement theirwages to a maximum of8 hours.
5.7 An emp-oyee who is ca=ed and reports back for work after he has compIeted his reguiarIy assigned shift and depa巾ed from the premises sha= receive a minimum offour (4〉 hours work or four (4) hours pay atthe appIicabie rate.
5.8 When an empIoyee is not scheduIed′ and is ca=ed and reports for work′ OutSide his scheduIed work schedule, he sh訓「eceive a minimum offour (4) hours work or fou「 (4) hou「s pay atthe appiicabie rate unless the empioyee opts to leave when the work is completed.
与.9 Should ci「cumstances arise where an RPO desires to transfe「 responsib掴ty for their assigned sh冊or a portion thereofto another qua旧ed empIoyee, this request (Switch and Give) must be acknowiedged by the participating RPO’s and is subject to management approvai・
ARTICLE6
OVERTIME AND SCHEDU膿CHANGES
6.1 The provisions ofthis ArticIe are intended to provide the basis for caIcuiation and payment of premium pay and sh訓not be construed as a guarantee ofany specific ove巾me hours.
6.2 1t is understood and agreed that the Company reserves the right to require covered empIoyees to perform overtime work in order to meet customer needs. When such overtime is required, emPIoyees invoIved sha= be given as much notice as possible.
6.3 The CompanY Sha= maintain a roster of qua冊ed bargaining unit empIoyees who have indicated a preparedness to work overtime on their subm匝ed empIoyee preference sheet・
Overtime work sh訓be scheduIed in descending 〈top down) senio「ity o「de「. As additionai OT becomes available /necessary within a week, the most senior RPO on the OT preference list who does not have an OT assignment w紺be scheduled for the OT sh惟・ The Company w川give the empIoyees a minimum of 8 hou「s′ notice of overtime. The list for overtime w川reset each caiendar month with the most senior RPO on the Iist being scheduled forthe shif=n descending
Order (top down),
6.4 ScheduIe changes a什er initiai posting of schedu看e
l. When requirements dictate adding OTto scheduIes that have been published′ the fo=owing procedures w紺be fo=owed to the extent practicabIe.
2. Management w川begin adding OTshifts upon compietion ofthe process in ArticIe 20 at the point where the weekly scheduIe was completed. Changes that occur in fo=owing weeks w紺be posted・ For changes that occur in the current week′ Management w紺assign the shift as in 6.3 above and must talk to the empioyee to confirm the assignment. Ifthe empioyee is not at work, or does not answer their primary teiephone number as Iisted in Directory Services, Management w紺move to the next quaiified RPO on the OT list.
3. When additionaI shifts are available due to unforeseen absences within the workfo「ce the fo=owing steps w川be taken: When the supervisor has been notified of the absence with more than 8 hrs. notice, the shift w用be assigned to the most senior empIoyee not al「eady scheduied fo「that sh冊. The empIoyee w紺be notified ofthe addition to their schedule.
4. When the supervisor has been no珊ed between 8 hrs. and 4 hrs. before the shift the supervisor w川o什erthe sh肺to quaIified RPO′s on shift′ byseniority un副an empIoyee voIuntarily acceptsthe sh皿. if no such voiunteer is found, the supervisor proceedsto ca= empIoyees not on sh肺untiI a voIunteer is found.
5. When the supervisor has been notified with Iess than 2 hrs. before the sh肺o「 does not have a volunteer as setforth in 6.4.4above, the supervisorw紺assign the sh冊tothe ieast senior pilot on shift that is qualified in the proper domain. The empIoyee w紺be a=owed to swap/give away the sh肝as iong as it w川not a什ect cu「「ency or evaluation upto 30 minutes before the sh肺with
SuPervisor app「OVai.
6. Management reserves the right, When required by the customer, tO make sh肝assignments
OutSide the steps above, tO enSure COVerage Created by short notice changes. Short notice is considered to be changes requiring performance with iess than 8 working hours’notice - in those cases, management Wi= scheduIe the fi「st quaIified RPO, Which voiuntar時accepts the assignment, they contact regardless of seniority.
6.5 Ove面me w紺be paid at one and one-haif (1 %) times the reguIar rate of pay for a= authorized hours worked in excess offorty (40) hours in the empioyee’s normal workweek. A= authorized hours worked or in pay status sha= be used in the computation of ove面me pay.
Changes to the work scheduIe w紺be posted on Thursday by 2pm forthe fo=owing week, unIess unanticipated work requirements arise.
6.6 No overtime shaIl be worked except by specific direction from management.
6.7There sh訓be no pyramiding ofOvertime.
ARTICしE7
HOしIDAYS
7.1 HoIidays: The fo=owing ten (10〉 observed Federal holidays sh訓be designated hoIidays for each calendar year.
New Years’Day
Martinしuther King Day
Presidents’Day
Memo「iaI Day lndependence Day
Labor Day
Columbus Day
Veterans’Day
Thanksgiving Day
Christmas Day
7.1(a) Whenever one ofthe above hoIidays f訓s on a weekend, the company w紺observe the
FAA designated hoiiday.
7.1(b) Holiday pay sh訓be at fu= pay, uP tO eight (8) hours at straight time, including any appIicable shift, and lead differential. EmpIoyees wo「king iess than 40 hours a week w紺use the pay period′s hoursto proratethe hoIiday pay in the pay period. To be eligibIefor ho=day pay′ the empIoyee must have been in a paid status (i.e. receive earrings) during the paY Period that the hoiiday occurs
7.1(c=n case the Company requires an empIoyee to wo「k on a designated hoiiday, the empioyee w用receive the applicabie hoiiday pay and′ in addition, the work performed by such empioyee shaIl be paid for at one and one halftimes their reguiar straight time rate.
7.1(d) The parties agree to recognize those non-reCur血g Federal hoiidays that may occur during the term ofthis Co=ective Bargaining Agreement. Notification of such holiday w川be recognized as that which comes f「om the Federal Govemment and are effectively recognized and observed by the FAA at the Mike Monroney Aeronautical Center・ Payment fo「 these hoiidays wi= be in accordance with the terms ofthe executive order, and the concurrence ofthe contracting o冊cer.
AR丁iCし各8
GRIEVANCE / AR馴TRAT漢ON PROCEDURE
8.1 The term一,grievance" as used in this agreement means any dispute arising regarding the interpretation, aPP=cation, CIaim of breach o「violation ofthis ag「eement which an empIoyee has not been abIe to adjust with their immediate supervisor with or without his/he「 steward, Which sha= be at the empIoyee's discretion. Both pa巾es agree to use their best e什orts, incIuding informal meetings invoiving management, SuPervision′ Shop steward′ and the grievant′ tO resoIve matterswithout resortingto the grievance procedu「e exceptthat any such meetings sha= not extend the time limits set forth in this A面cie. Such g「ievance sha= be handIed as promptly as possibIe in accordance with the fo=owing procedure:
8.2 A= g「ievances beyond Step l invoIving empIoyee cIaims sha= be in writing and sh訓be signed by訓empioYeeS Ciaiming rights there under- Such grievances must state the facts′ identfty the appropriate a面ie, and state the remedy requested. 1n an e什ort to adjust empIoyee grievances by mutual agreement′ they sha= be presented in the fo=owing order and within the fo=owing time Iimits:
塾迫旦The empioyee(S), With o「 without thei「 steward, Sha= p「omptIy b「ing a grievance to their Supervisor within ten (10) caiendar days following the event or discovery ofthe event giving rise to the grievance. The empIoyee or Steward must make it known to the
Supervisor that this is a Step l in accordance with the grievance process・ in the event an empIoyee is unavoidabIy absent due to川ness or injury, Or unaVaiIable due to vacation o「 other approved reasons, the empioyee′s shop steward may bring the grievance to their
Supervisor. Ifsuch grievance is not settled within five (与) working days then:
Step 2: Within five (5) working days from the answer in Step One a written grievance containingthe articie orsection which is claimed to be violated and the remedy requested must be signed by the empIoyee and submitted by the Shop Steward and taken up with the AcademY Manager or designee the HR Representative. A meeting wi冊e scheduled within five (5) subsequent working days. If no agreement has been reached within ten
(10) working days, the Company wi= reply in writing. 1f the written reply is not
Satisfactory, it may be moved to Step 3.
S垣且圭 Within five 〈5) workingdays oftheStep 2 repIy, the grievance maybe moved to Step 3 by written appea圧o the Company Labor Reiations Representative. The CNI
FEDERAL SERVICES LLC, Director of Labor Relations or designee and the Business
Representative of the Union, Sh訓meet either in person or by teIephone within fifteen
(15) working days a価er receipt ofthe grievance into a third step. A written repiyfrom the
CNI FEDERAL SERViCES LLC, Director of Labor Reiations w紺be given to the Union within fifteen (15) working days a什er the meeting. 1f no agreement has been reached within thirty (30) calendar days from the Step 3 meeting, either party may submit the grievance or dispute to arbit「ation as covered in the ’’Arbitration Procedure’’articie.
8.3 Any aggrieved empioyee and their Union representative sha冊ave the right to be present at anY Stage Ofthe grievance procedure in which the grievance is being considered. No empioyee may ieave the job, take up, Or Settie a grievance without requesting permission from the immediate supervisor. Such permission w紺be granted provided it does not retard or interfere
With operations, CuStOmer COmmitments or create a hazardous condition・ If permission cannot be granted, time iimits w川be waived untiI permission is granted. Witnesses c訓ed by either
Party may attend the g「ievance meeting at any step, Subject to the same provisions outiined above.
8.4 The company w川grant the Union reasonable and relevant requests to examine time sheets and other records pertaining to the computation of compensation of any individual o「 individuaIs whose pay is in dispute o「 other reIevant records pertaining to a specific grievance.
Compensation w川be paid for reasonable time spent discussing or investigating grievances during normaI work schedules-
8.5 1t is understood that the time Iimits specified herein may be extended by mutuaI written agreement of the parties hereto-autho「ized representatives.
8.6 Nothing in this Agreement precludes the Union Shop Steward or Business Rep「esentative from f冊g a grievance on behalf of an empIoyee in the event of unusuai or unforeseen
Ci「cumstances.
8.7 A finaI decision made with 「espect to any grievances in first or second step sha= appiy to that grievance only and shaii not become a binding precedent in the case of other grievances′ nor a precedent which sha= bind the parties as an interpretation of the agreement. A= settlements must be consistent with the terms and conditions ofthis Agreement.
8.8 The party choosingto arbitrate sha= give written notice to the other party setting forth the matter to be a「bitrated. 1f said notice is not served within the thirty (30) calenda「s day period specified in Step 3 of the ′′Grievance Procedure′′ Article′ it shaii be deemed that the grievance has been satisfactor時adjusted and the right to arbitrate waived.
8.9 The party desiring arbitration sha看i notfty the other party in writing within the aforementioned th而y (30〉 calendars day period, and sha旧equest a panel ofseven (7) arbitrators from the Federai Mediation and Conc賄tion Service. Such request sha= be made within thirty
(30) calendar days ofthe notice to the other party. The parties sha= meet a血er receipt ofsuch iist and be entitIed to aiternately strike a name from the list untii one name remains and this
PerSOn Sh訓be the arbitrator.
The pa面es agree that the decision o「 award ofsuch arbitrator sha= be finaI and binding on each of the parties and that they w川abide the「eby. The authority of the Arbit「ator sh訓be
Iimited to determining questions invoIving the inte「pretation or app=cation of specific p「ovisions ofthis Agreement. The Arbitrator sha冊ave no authority to add to′ Subtract from′ Or to change anyofthe terms ofthisAgreement, tO Change an existing saiary rate orto estabiish a new saiary rate. In no event sh訓the same question or issue be the subject ofarbitration more than once. Each partY Sha= bearthe expenses of preparing and presenting its own case. The cost of the arbitrator and incidentaI expenses mutu訓y ag「eed to in advance sha= be bome equ訓y by both parties. If both pa両es agreeI nOn-binding Federai mediation may be used to
SOIve a grievance as an attempt to not use arbitration・
8.10 The Company agrees thatthe Business Representative or acting business rep「esentative w川be a=owed to visit empioyees while they are on thejob in the Company’s operations forthe sole purpose of investigating specific grievances or compIaints reIated to the provisions of this
Agreement, Subject to the customer’s 「uIes and regulations regarding site access. P「ior approval must be obtained from the Academy Manager orthe HR Representative and such visits sha= not interfere with any work being perfo「med. The Business Representative sha冊otify the Academy
Manager or the HR Rep「esentative when he is ieaving the Company′s operations. The Company′
間 if it desires, may have a Company representative accompany the Business Representative or his designee while he is visiting its operations.
AR¶Cし王9
STRIKES.しOCKOUTS AND WORK STOPPAGES
9.1 The Union agrees that neither it nor any ofthe empIoyees in the bargaining unit covered by this Agreement w川co=ectively, COnCertedly′ Or individuaily engage in or pa舶Pate directly or indirectly in any strike, S-owdown or stoppage of work during the term of the Agreement and the Company agrees that du而g the tem of this Ag「eement it w紺not Iock out any of the empIoyees covered by the Agreement'
9.2 1n the event ofanyvioIation of9.1 ofthis A而Ie′ it shaii be the duty and obIigation ofthe
Union, its o靴ers, agentS, Or rePreSentatives (empIoyee or non-emPIoyee) to immediately take
訓reasonable steps required to b血gan end to such misconduct・
ARTiCしElO
しEAVE OF ABSENCE
lO.1 Empioyees elected or selected to fu= time jobs in the Local Union or the Internationai
Union, Which takes them from their empioyment with the Company, Sh訓upon w「匝en request to the Company receive a leave of absence′ Without pay′ for a period equai to their tenure of empioyment with the Union・
10.2 Upon completion oftheir leave (unde「 paragraph lO.1) of absence du血gthe existence ofthis agreement, they sha= be re-emPIoyed accordingto their seniority in work genera=y simiIar to thatwhich they did Iast, Priorto leaving, at the wage rates existing atthe time oftheir retum′ provided such work is avaiiabie for them according to thei「 seniority′ and they are quaIified to perform such work. Seniority sh訓accumulate during such leaves of absence.
10.3しeaves of absence without payfor O鮒ciaI Union Business w川be g「anted by the Company on three (3) days w証ten request ofthe Union provided the absence does not adversely impact contract performance. EmpIoyees on Union LOAat anyone time wi冊ot exceed five (5) days. it is the intention of the Union to honor and respect the Company′s operationai requirements in requests for leaves of absence fo「 Union business. When perm匝ed by mission requirements, the Company w紺considerwaiver ofthe three (3) day notice when requests are of an emergency nature. seniority w川accumuIate during such ieaves of absence.
10.4 Medical Leave ofAbsence
EmpIoyees in the bargaining unit w川be subjectto the language ofthe Corporate Medical Leave of Absence Po=cy in e廿ect at the time of the leave′ incIusive of the sections cited beiow that reads as fo=ows:
a) An MLOA may be g「anted in accordance with this po=cy when an empIoyee has a
Disab冊y by reason of pe「sona剛ness, injury, PregnanCy, OCCuPational inju「y or冊ess′ Or other medical-related cause.
b) The maximum length ofthe MLOA is 12 months・ For purposes of caIcuIating maximum length, any emP-oyee on MLOA for mo「e than 12 consecutive months wi= be administratively terminated.
EmpIoyees who are on a MLOA wilI continue to pay the empIoyee portion of the medicaI and denta=nsurance premiums at the active empIoyee rate for the du「ation of the Ieave, If the emp-oyee retums to work within 90 days′ the empioyee portion of medical and dentai premiums w掴be coliected in arrears when the empIoyee returns to fu= duty in accordance with state Iaw regarding payro= deduction. Upon being released bγ Physician′ and prior to retuming to work′ empIoyee w紺provide physician documentation to the Leave Coordinator and w川contact the
Benefits Department to deveIop a payback plan for missed premiums.
c) If the ieave is for mo「e than 90 days, the empIoyee w紺receive direct b冊ng for the medicai and dental premiums owed.
10.与Empioyees away from their jobs because of a compensabie injury or compensabIe disease as defined by the Workers- compensation Act of Oklahoma w紺be given leave ofabsence and sha= accrue senio「ity whiie on such leave.
10.6 Any leave of absence obtained through faise pretense sh訓be invalid and the empioyeels absence sha= be recorded as unauthorized and such disciplinary action sha看l be taken as the
Company believes warranted.
10.7 MiIitary leave sha= be in accordance with the most recent Companγ POIicy.
10.8 Up to three (3) days Bereavement Ieave with pay w紺be granted to an empIoyee on the active payro= who′ because of death in his immediate famiIy′ takes time offfrom wo「k during his assigned work scheduIe as such term is defined in A「ticle与ofthis Agreement・ Such pay sha= be for eight hours at his st「aight time base rate′ incIuding shift d肺erential and a= pay additives for each such day o打直owever, SuCh pay w川not be appiicabIe ifthe empIoyee received payfor such days o情under any other provision ofthisAgreement. Bereavement leave must be taken within the seven days foIIowing the death′ funeraI or service. For purposes of this Agreement
′′Immediate famiIy’’sha= be considered as fo=ows:
Spouse (including Same-SeX domestic pa面er), Chiid (incIuding foster or step or any child you have raised asyourown), Parent (incIudingfoster, SteP Orany PerSOnS Who raised the empIoyee), brother or sister (including foster, SteP, Or half), grandchiId, grandparent, Parent Or SteP-Parent of spouse or same-SeX domestic partner直rother or sister of spouse or same-SeX domestic pa由e「 (including step or half), g「andparent of spouse o「 same-SeX domestic partner; SOn O「 daughte「 in-law, SPOuSe Of empIoyee′s brother or sister. EmpIoyee may be 「equired to provide
PrOOf of claim.
1O.9 Upon retu「ning from an approved leave of absence under Articie lO of the Agreement
(excIusive of Para. 10.1, 10.2); an emPIoyee sha= retum to their same classification, SeCtion, Shift’ and starting time held prio「to such Ieave ofabsence′ aS Seniority permits.
ARTICしEll ll.1 Emp-oyees hired directIy from a predecessor contractor receive se「Vice credit with CNi
Federal Services LLC, for their continuous prior service with that contracto「・ CNI Federai Services
LLC, Obtains the p「ior service reco「d from the previous contractor or from the empIoyee through empioyment records, and adjusts the empIoyee’s service date to reflect the prior service.
11.2 Newiy hired empIoyees begin to ea「n service credit towa「ds their vacation a=ocation starting with the initiai hire date. The empioyee is c「edited with one year of service 12 months a血er the hire date, and another yea「 of service every 12 months there拍er.
11.3 EmpIoyees vacation hours w川be accrued and c「edited to each empIoyee per pay period.
EmpIoyees working Iess than a 40 hour a week schedule receive a pro-rated number ofvacation hours per pay period. That is, the number ofvacation hours divided by 2′080 hours muitiplied by the number of non-OVertime hours worked in that pay period.
Scheduie ofVacation per Cha鵬beiow
YearsofService �Vacation �Hoursperpayperiod
0-6Yea「S �80Hou「s �3.08
7-14Yea「S �120Hou「s �4.61
1与-十 �176Hou「s �6.77
11.4 EmpIoyees may accrue vacation to a maximum of 320 hours. An empIoyee wi= not be authorized to accrue additional vacation untiI he/she is beiow the maximum.
ART看CしE12
12.1 EmpIoyees summoned to serve on jury duty w紺be granted time o什not to exceed the limits of the prevaiIing State Iaw or up to ten (10) days of service, Whichever is g「eate「・ The
Company sha= compensate the empIovee for each scheduIed workday so spent. The empIoyee w紺receive eight (8) hours ofstraighttime pay, including a= premiums, for each day ofjury duty that fa=s on a scheduied work day. Notice ofjury duty must be given to the Company upon receipt of a jury summons, and proofof such service must be submitted to the satisfaction ofthe
Company before this Article sha= apply.
AR丁ICし各13
SA旺TY AND HEALTH
13.1 HeaIth and Safety. The company w紺make reasonable provisions for the safety and heaIth of empIoyees. The Union sh訓have the right to confer with the company on matters pertaining to safety of the empioyees. A safety committee composed of three (3) empIoyees′ appointed by the Union and up to a like number appointed by the company w川be formed to consider matters relative to these issues. The safety comm匝ee sh訓meet as agreed to by the parties, tO COnduct investigations and advise management・
The duties of the joint safety comm柾ee w紺be to advise on matters pe巾ining to company compliance with appIicable Iaws and reguiations, and make appropriate recommendations for the maintenance ofproper standards. The principaI duty ofthe joint safety comm柾ee wi= be to assu「e uniform application ofsuch regulations and standa「ds.
13.2 Personai Protective Equipment (PPE). Safety devices and訓PersonaI Protective
Equipment sha= be fumished at no costto the empIoyee if required bythe Company or iaw.
ARTtCしE14
WNVとRS
14.1 The waiver of any breach or condition of this agreement by either party sha= not constitute a precedent for any further waiver of such breach or condition.
ART看CしE15
BUししETtN BOARDS l与.1 Subject to FAA approvai the Company agrees to provide bu=etin boards for the posting of legitimate Union notices pertinent to the Union at each work location at the faciI時Oniy notices conce「ning Union meetings, Union eiections′ reSults of Union eIections′ Voiuntary sh肝 change notices, etC., W紺be posted. The Union′s Business Representative or his designee sh訓
Sign a= such notices.
ART置CしE16
HEA町H & WEしFARE BEN即ITS
16.1 A= empIoyees may pa而ipate in CNi陣DERAしSERVICESししC Healthcare and Benefit
Plans.甜ective, the first pay period after September 9′ 2O15, the Company w紺provide each cove「ed empIoyee with the amount of the Heaith and Weifare Benefit Credits specified beIow.
EmpIoyees may use their health and weifare benefit c「edits toward payment of chosen plan coverage for themse-ves and eligible dependents. Any additionai costs w川be the responsibiIitγ
Ofthe empioyee.
Bi-Weekiy payment is based on a冊ours in pay status up to 40 hou「s per week.
16.2 The elected Business Representative of the Dist「ict Lodge 171, if an active Company empIoyee at the time of eiection and activeIy enro=ed in the health, dentai′ O「 Vision pians may continue to participate in the pIans by en「o冊ngthe offered COBRA benefit fo「 a period of up to
18 months in accordance with COBRA regulations. The empIoyee w紺be required to pay lOO% ofthe COBRA premium on a timeiy basis to continue active participation in the plan(S).
ARTICしE17
GENERAし
17.1 Supervisory empIoyees in job cIassifications not covered by this Agreement sh訓not routineiy perform work norm訓y perfo「med by empIoyees in the bargaining unit except in cases of emergency or to instruct empioyees properly. The term ′′Eme「gency’’is defined to mean an unforeseen combination of circumstances, Which c訓s for immediate action. Supervisory empIoyees w川not perform bargaining unit workto dispIace an empioYee OrtO aVOid overtime.
17.2 Empioyees w川receive their bi-Weekly paycheck or direct deposit on Company time every other week.
17.3 The Company wi= make a copy of this agreement availabie within 60 days after execution of signatures, and a copy of the health ca「e plan wi= be provided in writing or electronica=y within 120 daYS, tO a= empioyees′ including new hires・ after the agreement is
Signed.
17.4 An empIoyee injured on the job, Who is taken off the job fortreatment wi= receive pay for the remainder of his/he「 scheduIed work day. Emergency transpo巾ation w帥be provided in the event the nature of the injury warrants'
17.5 Dress Code. Members of the bargaining unit sh訓groom and attire themseIves in a business casual mame「 consistent with FAA standards.
17.6 Members of IAM, Local Lodge 850, aS emPIoyees of CNI FEDERAL SERViCES LしC′ W川be e-igible to participate in the Company wide awards program ifthey are estabiished The Companγ maintains the right to amend, mOd押y, terminate or otherwise aIter these programs at any time.
The Company agrees that the Union may review the awards and discuss any pe面nent issues as neCeSSary.
17.7 EvaIuations. CNI Federal ServicesししC, Management personnel evaIuating members of the ba「gaining unit sh訓after conducting the evaluation′ info「m the empioyee that they have been evaiuated.
After an evaIuation if it is beIieved an empIoyee-s performance may result in a rating of
Unacceptable, the supervisor sh訓identify the critical eiement(S) for which performance is unsatisfactory and w… meet with the empIoyee to discuss the matter. The supervisor sha= write an lndividual Training PIan (iTP) which w旧dentify what the empioyee must do to imp「ove his/her performance to be retained in the job and what the EmpIoyer w冊do to assist the emp-oyee. The supervisor has the finaI authority to write the pian, but wi= consider ideas proposed by the empIoyee o「 representative.
The supervisor wit一訓ow a Union representative to attend these discussions, if the empIoyee requests.一fthe empIoyee asks for the representative′ the supervisor w川give the representative a= the documents which reIate to the empIoyeets performance that is in question, and wi= give the representative time to review the documents.
An empIoyee whose remova=s proposed because unacceptabie performance has ied to decertification w川「eceive a:
1.) Copy ofthe evaIuation
2.) Copy ofthe iTP
3.) Copy of rece面fication evaIuation f「om the FAA
At the empIoyee-s request, the Union sh訓be provided with a copy of a= correspondence given to the empIoyee that is reIated to the proposed action′ in order to adequateiy represent the
COVered empIoyee.
1f the empIoyee successfu=y compietes the ITP′ and there are no additionai performance issues within a period of one (1) yea「 after the empioyee receives the FAA rece輔cation, then the lTP documents wi= be removed from the empioyee’s file.
Disc酬nary memoranda w掴be removed from empIoyee fiies afte「 one (1) year when no
Subsequent discipIinary action has occurred.
17.8 This Agreement constitutes the soIe and entire existing agreement between the parties.
17.9 The Company wi= make a reasonabie effortto maintain ce輔cations for a= RPOs.
17.10 The Company recognizes there may be occasional circumstances where RPOs need time off from work for persona- reasons not covered under the Leave of Absence A面cle such as a dentist appointment. For this purpose′ Absence Requests must be subm匝ed no late「 than
Monday priorto schedu-e posting. Absences w冊e reviewed and approved on a鉦st come first serve basis pending operational requirements. RPOs can use vacation or scheduIed time o師or these absences.
17.11 The Union and Company discussed and ag「ee to the beiow documents. The parties aiso acknowledge that the documents may be aItered or amended by mutuaI agreement during the term of the contract.
CTC Attendance Contro看Poiicy and Corrective Action Procedure dated lO/01/2018
Academy Remote Piiot Operator (RPO) Priority Vacation Procedure dated 8/21/15
17.12 Stewa「ds will be given 30 minutes with each new hire to discuss Union membership on
Company time during their first day of work.
AR丁!Cし亡18
UNION REPRESENTATION
18.1 The Company agrees to six (6) Shop Stewards and one (1) Chief Shop Steward.
Compensation w川be paid for reasonabIe time spent discussing or investigating grievances during norma- work scheduIes barring speciai circumstances in no event w冊he cumuiative time paid bythe Companyfor Union Business exceed four (4) hours per week. Union business time must be approved by the immediate Supervisor in advance. Under speciaI circumstances additiona- time may be g「anted by mutuai consent of the Business Representative and the
Human Resou「ces Representative. An empIoyee while serving as Steward sh訓not be surpiused′ transferred o「 loaned f「om his domain so Iongas other empIoyees remain in his domain and on the sh冊he is designated shop stewa「d.
18.2 Within皿een (1与) days after the e什ective date ofthis agreement the Union sha旧urnish to the Human Resources Representative a written Iist containing the names of the Union-s
Secretary Treasurer and Shop Stewards. Thereafter the Union shali notify the Human Resources
Representative or his/her designee promptIy in w「iting of any changes. The Company sha= not be obligated to recognize or deal with any person acting as SecretaryTreasurer or Shop Steward untiI the Company receives wr匝en no珊cation from the Union that such person has been so eIected. A= such not碓ations sh訓be on the o冊ciaI stationeryofthe Union and signed by a duIy authorized Union Representative. After not匝ation is given as herein p「ovided′ the Company
Sha= give immediate recognition.
18.3 Disc印ne. P「ogressive disc印ne actions may invoive verbai wamings, Written wamIngS′
SuSPenSions and terminations.
a. Discipiinary actions may not be taken against an empIoyee except forjust cause・ Any actions under this ArticIe must be supported bythe evidence and just and substantial cause‘ Disc印na「γ actions must be determined on the merits of each individual case. Depending on the situation, ali steps of prog「essive disc印ne do not have to be used. For exampie, for an egregious violation of ruies, termination may be the onlv step.
b. A= facts pe鴫iningto a disc印naryaction sh訓be investigated promptly as possibIe. The
EmpIoyer agrees to take action within (30) caIendar days, from the date ofthe訓eged incident or reasonabie knowiedge of the incident, under p「ogressive discipline. Either party can extend the dead=ne with mutuaI consent.
18.4. EmpIoyee Representation. When it is known in advance that the subject of a meeting is to discuss or investigate a disciplinarγ Or POtential disc印nary situation, the empIoyee sha= be so notified in advance. if the empioyee requests Union Representatio両t shaIl be granted.
18.5 Stewa「ds wiii have a qua巾erly meeting on Company time to discuss issues in the wo「kp-ace. Meeting will be iimited to 45-minutes′ aS Iong as it does not interfere with
OPe「ational requirements.
AR丁看Cし各19
WAGES
19.1 The fo=owing wage rates wi= apply during the term ofthis agreement.
CurrentRate �16-Sep"18 �1与-Sep-19 �之0-Sep“之0
RemoteP=otOperator �S16.99 �!17.与0 �S18,02 �S宣8.うら
ProbationaryRPO’s(first90-days) �§15.00 �S15.00 �S1与,00 �S1与.00
Oniyforempioyeeshiredafter ratification
19.3 Companyw紺no Ionger recognize any new RPO ′′Lead′′ position. Any current empIoyee at the time ofthe cont「act ratification designated as ′′Lead′,, Sha= remain in the position and paid a premium of ;1.与0, thei「 straight time hourly rate, Of one do=ar and fifty cents (;1.50) per hou「 for a= hours in pay status. Trainers and Evaluators w川be paid a premium of thirty-five cents
(35C) pe「 hou「fo「 a= hours in pay status.
19.4 When an empIoyee is assigned to the second sh惟′ he shaII receive a sh椙d冊erential of lO%. ofthe base wage rate for ail hours paid or in pay status; an emPIoyee assigned to the third sh冊shail receive a sh冊d冊erentiai of lO% ofthe base wage rate for訓hours paid or in pay
StatuS.
19.与RPO′s w紺receive 60C added to their base rate of payfor a冊ours worked in TSS.
ARTtCしE2O
RPO STAFFtNG
20.1 The number ofworkdays availabIe for schedu=ng w紺be based on FAA requi「ements′ aS We= as cNI. FederaI Services,ししC requirements for training. RPO ScheduIing wi= be as fo=ows:
1. RPOs w川complete a Form indicatingtheir preferred workdays perweek (minimum of2), sh柵p「eference (1st/2nd〉 and ove由me p「eference.
2. WorkIoad perm輔ng, all RPOs w紺be scheduled…
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