27 - Bionetics IAMAW NTEP CBA 20240701_Current CBA.pdf

Collective Bargaining Agreement

Between

The Bionetics Corporation an d

International Association of Machinists and Aerospace Workers District Lodge 776

Federal Aviation Administration (FAA) National Test Equipment Program (NTEP)

Forney, TX

July 1, 2024 – June 2, 2028

Collective Bargaining Agreement

Effective as of the July 1, 2024, The Bionetics Corporation (hereinafter called the “Company”) and the International Association of Machinists and Aerospace Workers, District Lodge 776, (hereinafter called the “Union”), hereby agree as follows:

Article 1 Recognition

Section 1. The Company recognizes the Union as the exclusive collective bargaining representative with respect to rates of pay, wages, hours of employment and other conditions of employment for all full time and regular part-time employees in the classifications in Attachment A, employed by the Company’s Mobile Calibration Operations in support of the Federal Aviation Administration (FAA) National Test Equipment Program (NTEP) contract and certified by the National Labor Relations Board in Case No. 16-RC-197542.

All other positions and classifications shall be excluded, including any and all professional employees, managerial employees, guards, supervisors and other exempt employees as defined in the National Labor Relations Act, specifically including the Program Manager, Technical Manager, and Administrative Assistant.

The term “employees” as used in this Agreement means employees included in the above-described bargaining unit. Any reference to gender in this Agreement shall apply equally to employees of the male and female gender.

Section 2. The employees shall not be restricted to working on the NTEP contract, but rather, shall additionally work as they may be assigned by the Company on other government and commercial mobile calibration operations.

Article 2 Rights of Management

Section 1. Except as expressly modified by a specific provision of this Agreement, the Company shall retain the exclusive authority, rights and powers to manage it business and direct the workforce. Such authority, rights and powers include, but are not limited to: the right to hire, promote, layoff and discipline for just cause (including suspension and discharge); determine work schedules, starting times and quitting times; determine the qualifications of employees and evaluate competency to maintain the efficiency of operations; the right to determine the quality and quantity of work to be performed; the right to assign and reassign work including making and changing route assignments; to establish, change and enforce quality and/or performance standards; determine the size, composition and workload of its workforce, the assignment of duties thereto and the right to change, increase or reduce the same; the determination of when and/or if vacancies in the workforce shall be filled; to establish and modify rules and regulations not in conflict with the terms of this Agreement; to shut down work facilities or the entire Company; to introduce new or updated methods; to determine the means of service or production; and to otherwise manage the operations and direct the workforce, not in conflict with the terms of this Agreement.

Section 2. Nothing in this Agreement shall be interpreted as interfering in any way with the Company's right to consolidate or merge its operations with that of any other division or subsidiary of the Company or any other firm or entity; or to sell its business when in its discretion it may deem it advisable to do so.

Section 3. It is understood and agreed that any of the authority and rights the Company had enjoyed prior to the signing of this Agreement are retained by the Company except those specifically abridged, delegated or granted by this Agreement.

Article 3 Security Requirements/Credentials/Driver’s License

Section 1. The Company and the Union recognize and agree that in order to become and remain employed, each employee must at all times: (a) comply with all applicable rules and regulations promulgated and/or enforced by the Federal Aviation Administration and/or any other government agency, entity or organization or commercial customer of the Company related to security; (b) pass a background check; (c) obtain and maintain all credentials required by any Company customer and/or to enter any facility where the employee needs access to perform his or her job functions; (d) maintain a valid state-issued driver's license; (e) pass all required Department of Transportation (DOT) physicals; and (f) be insurable by the Company's insurance carrier. All of the foregoing are hereafter referred to as the “Requirements.”

Section 2. Failure of an employee at any time to meet all of the Requirements shall make such employee ineligible to remain employed by the Company, and such employee will be laid off for a period of time up to sixty (60) days until the employee meets all of the Requirements. Where an employee is able to meet the Requirements within sixty (60) days, the employee will be subject to recall when a vacancy becomes available. An employee who does not or cannot meet the Requirements within such sixty (60) day period will be discharged.

Section 3. The Union agrees that the Company will not be held liable for an employee's failure to meet the Requirements. A layoff or discharge for failure to meet the Requirements shall not be subject to the Grievance and Arbitration section of this Agreement.

Article 4 No Strikes or Lockouts

Section 1. It is the intent of the parties, in the interests of attaining harmonious, orderly relations and efficient, uninterrupted operations, to set forth in this Agreement the obligations of the Company and the Union, in avoiding strikes, work stoppages and lockouts.

Section 2. Neither the Union nor any employees shall take part in any strike of any of the Company's operations or picketing of any of the Company's plants or premises, including permitting or taking part in any sympathy strike, nor shall the Union or any employees take part in any sit-down, stay-in or slowdown.

Section 3. In the event that any employee or employees shall call, engage in, participate in or assist any unauthorized slow-down, work stoppage, sympathy strike or strike against the Company, the Union agrees to the following:

(a) That the Company may take whatever disciplinary action it deems appropriate against such employee or employees, including discharge and will notify the union of such action; and

(b) The Union will refuse to recognize any picket line or lines established as a result of said unauthorized slow-down, work stoppage or strike against the Company and will instruct employees not to respect or recognize any said picket line or lines. The Union will work in good faith with the company to restore operations.

Section 4. The Company will not authorize or direct a lockout.

Section 5. Nothing contained herein shall preclude any right to which the Company or the Union may be entitled to secure legal or other redress of any individual who has caused damage or injury to or loss of its property, nor does the Company or Union cede any rights in this regard to which it may be entitled.

Article 5 Representation

Section 1. The Union will designate one (1) Shop Steward and one (1) alternate to act on behalf of the Union. The Union shall promptly furnish the Company, in writing, the names of the Shop Steward and alternate.

Section 2. The Company will recognize the Shop Steward for the purpose of representing employees in the Grievance Procedure. The Shop Steward will suffer no loss of pay during time spent in Grievance Procedure meetings with management. The Shop Steward will conduct Union business in a manner that does not interfere with operational requirements, will obtain the approval of the Company before conducting Union business during working hours, and will limit such business to reasonable periods during working hours.

Section 3. Given the mobile nature of the employees’ employment, the Company and the Union recognize that the Shop Steward will often participate in Grievance Procedure meetings remotely by telephone or other means of remote communication.

Section 4. The Company agrees to release the Shop Steward from work to participate in training offered by the Union up to (2) two weeks per calendar year. The Union will notify the Company at least two (2) weeks in advance of such training. The Company may require that such training take place during “Downtime.” The Company will not be required to pay the Shop Steward during any absence to receive Union training.

Section 5. No person shall have or exercise any of the authority or duties of a Shop Steward unless and until written notice of such appointment and revocation of any previous appointments, if applicable, signed by a representative of the Union, is filed with the Company's Program Manager.

Article 6 Grievance and Arbitration Procedure

Section 1. This Article is intended by the parties to provide the exclusive method for settling disputes arising under this Agreement, regarding the interpretation or application of the terms and provisions of this Agreement. Any employee(s) having a complaint shall have the right, through the Shop Steward, to present the complaint to the Company. If the complaint involves a matter subject to the Grievance Procedure, the complaint shall be reduced to writing. All grievances shall be processed using the procedure in following sections. Failure to appeal a decision made at any step in the time specified shall constitute a bar to any further action. It is understood that the time limits specified herein may be extended by mutual agreement of the Company and the Union.

Section 2. All grievances shall be presented within ten (10) working days after the occurrence upon which the grievance is based on the date on which the employee or the Union knew or should have known of such occurrence but in no event later than sixty (60) days after the occurrence actually took place. Failure to present a grievance within this time frame shall constitute a bar to any further action.

Section 3. If it is determined under the Grievance Procedure, including Arbitration, that any adjustment in pay is appropriate, such adjustment shall be based upon the rate of pay at the time of the occurrence. Any retroactive adjustments shall not extend more than thirty (30) calendar days prior to the date upon which the grievance was presented.

Section 4. All grievances will be settled according to the following procedure, except that termination grievances may be initiated at Step 2:

Step 1:

There is a discussion between the employee(s) and the Steward and the Program Manager.

Before being considered, the grievance must be submitted in writing to the Program Manager within ten (10) working days after the occurrence upon which the grievance is based. The written grievance thus presented must contain the substance and basis of the Union's and/or the employee's claim and cite the applicable provisions of this Agreement. Within five (5) working days (unless extended by mutual agreement) from the time that the Steward and/or the employee submits the written grievance to the Program Manager, the Program Manager, Steward and employee shall discuss and make every effort to settle the dispute. Given the mobile nature of the workforce, this discussion will typically be by telephone or another method of remote communication. The Program Manager shall respond in writing within ten (10) working days of the discussion between the Program Manager, Steward and employee. Settlements at Step 1 will not establish a precedent.

Step 2:

By appeal by the Union's Representative to the Company's representatives for HR and Operations in writing within ten (10) working days of the Program Manager’s decision. The Vice President of Operations, Director of Human Resources, or a designated representative will make such investigation as deemed appropriate, talk to the Union's Representative and render a written opinion within thirty (30) calendar days of the receipt of the appeal. The Company and/or the Union may designate in writing an individual to act on its behalf at Step 2 for a particular grievance.

Settlements at Step 2 will not establish a precedent.

If no response is given by the Company within the time period(s) indicated above, then at the Union's election, the time period may be extended or the lack of response shall be considered a denial of the grievance, and the grievance may be appealed to the next step in the grievance process.

Section 5. Any grievance which has not been settled or disposed of in accordance with the steps of the Grievance Procedure outlined above may be submitted to Arbitration by either party within ten (10) calendar days of receipt of the Step 2 reply. The party desiring arbitration shall notify the other party in writing within the aforementioned ten (10) day period, and shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Such request shall be made within ten (10) working days of the notice to the other party. If either party is dissatisfied with the panel, the entire panel will be struck and a second panel will be requested. Each party shall, within ten (10) days from the receipt of such list, be entitled to alternately strike a name from the list until one name remains and this person shall be the arbitrator. The party to strike first will be determined by a coin flip.

Section 6. The authority of the Arbitrator shall be limited to determining questions involving the interpretation or application of specific provisions of this Agreement, and no other matter shall be subject to Arbitration hereunder. The Arbitrator shall have no authority to amend, modify, add to, subtract from or to change any of the terms of this Agreement, to change an existing salary rate or to establish a new salary rate. In no event shall the same question or issue be the subject of arbitration more than once. The parties agree that the decision or award of the Arbitrator shall be final and binding on each of the parties and that they will abide thereby. The parties shall ask the Arbitrator to issue a ruling within thirty (30) days after receipt of all submissions following the hearing.

Section 7. The parties shall share equally the Arbitrator's fee and expense, transcription costs, FMCS service fees, rent of hearing quarters, and other similar costs. Each party shall bear the expenses of preparing and presenting its own case, including but not limited to wages to witnesses, witness fees, legal costs and expenses and attorney's fees. The Company shall not be required to pay any employee who is present at the arbitration hearing to testify for or otherwise assist the Union.

Section 8. Exclusions Workers' Compensation claims and other matters that involve a determination by an insurer as to the payment of benefits to an employee and any matters specifically excluded by this Agreement from the grievance-arbitration shall not be subject to the grievance-arbitration process.

Article 7 Disciplinary Cases

Section 1. The Company may not discipline or discharge employee(s) except for just cause.

Any discipline, other than during a new employee's probationary period, will be subject to the grievance and arbitration procedure listed in Article 6.

Section 2. The Company shall furnish the Union Steward with a copy of any discharge or disciplinary letters or counseling forms given to any bargaining unit employee within three (3) business days of such action. The Company will also furnish the Union with a complete copy of any relevant contents of the employee’s personnel file upon written release by the employee.

Section 3. An employee who commits a serious offense, as determined in the discretion of the Company, may be terminated or suspended without resort to progressive discipline.

Otherwise, the Company will endeavor to resort to progressive discipline. An employee shall be subject to progressive discipline without regard to whether subsequent infractions are of the same or a similar type. Normally, progressive discipline will be as follows:

(a) First offense – Written Warning

(b) Second offense – Written Warning: Up to five (5) day suspension

(c) Third offense – Discharge

Section 4. There shall be no investigative interview, which an employee reasonably believes could lead to disciplinary action without the Union Shop Steward or alternate being present (in person or by telephone or other remote means of communication) if requested by the employee.

NOTE: It is not the responsibility of the Company to inform the employee of these Weingarten rights.

The Shop Steward or alternate shall not be denied the opportunity to participate in an investigative interview if requested by an employee. If a Shop Steward or alternate is requested but not available, such investigative interviews will be postponed until a Shop Steward or alternate is available to participate.

Section 5. Any employee discharged shall be advised in writing immediately of the reason(s) for discharge.

Section 6. Incidents of discipline (written warning or suspension) will cease to have effect for progressive disciplinary purposes after a period of one (1) year from date of issuance provided that there has been no other offense of any type during the applicable one (1) year period.

Article 8 Seniority

Section 1. The term "seniority" is defined as including the whole span of continuous service with the Company and with predecessor contractors in the performance of similar work on the NTEP contract or a predecessor contract. An employee who is permanently transferred into the bargaining unit from working for the Company outside of the bargaining unit shall establish a new seniority date, which is the date the transfer is effective.

Section 2. Any new employee employed by the Company shall have a ninety (90) calendar day probationary period. During the probationary period, the Company, without just cause may discharge the employee and such discharges are not subject to the grievance or arbitration procedures provided in this Agreement. After the employee has successfully completed the probationary period, the seniority date shall revert back to the beginning date of employment.

During such probationary period, all other terms and provisions of this Agreement shall apply unless otherwise exempted herein. If the employee is absent from work during the probationary period for any reason, the probationary period shall be extended to account for such absence.

Section 3. A seniority list shall be posted on the Project Management Office (PMO) server by the Company within thirty (30) calendar days after execution of this Agreement and shall set forth the seniority date of each employee covered hereby. The seniority list shall be updated as necessary by the Company.

Section 4. When two (2) or more employees have the same seniority date, the last four (4) digits of the Social Security Number shall be compared. The lower/lowest number shall be considered the most senior.

Section 5. Seniority shall be lost and for purposes of this Agreement, an employee's employment shall be deemed terminated under any of the following circumstances:

(a) Discharge for just cause

(b) Resignation (including retirement)

(c) Transfer to a position outside the bargaining unit

(d) Accepting other employment while on approved leave of absence without

Company approval

(e) Failure to return to work within ten (10) work days after dispatch of a recall notice sent by the Company via certified mail

(f) Failure, after being laid off, to keep the Company advised of the employee’s current mailing address and phone number, which may be provided in person or be certified mail

(g) Has been on layoff status for more than twelve (12) months or is absent because of disability, sickness, injury or similar cause for a longer period than permitted by this Agreement without the Company's approval

Section 6. Reduction in Force Seniority shall be considered by the Company in a reduction in force provided that the senior employee is equally or more qualified than an employee with less seniority. In determining qualifications, the Company may consider factors such as the employee’s productivity, proficiency, work quality, attendance record, disciplinary record, skill and ability (including versatility and the ability to perform work that others cannot), experience, relevant formal education and certifications, the employee’s area or areas of specialty and expertise, and acceptability to the Company’s government or other customers. Recall shall be accomplished in inverse order of layoff. An employee shall be entitled to be recalled only where there is an open position, not when there are only a few hours of work that can be performed by active employees. Employees shall remain eligible for recall for twelve (12) months. An employee who is placed in layoff status from a full-time position may refuse a part time open position without affecting recall status or order of recall.

Article 9 Employee Classifications

Section 1. Occupational classifications shall be those listed in Appendix A.

Section 2. In the event that a new occupational classification not listed in Appendix A is required, the Union and Company will negotiate to establish such new occupational classification, the rate of pay for such new occupational classification will be determined through said negotiations. If the parties cannot agree, the Company may implement its proposal and the issue will then be subject to the grievance and arbitration procedure contained herein.

Article 10 Hours of Work; Absences; Downtime

Section 1. The standard workweek for each full-time employee shall normally consist of five (5), eight (8) hour days and coincide with the operating hours at the customer location. In its discretion, the Company may use part-time employees in addition to full-time employees. All employees may be required to work outside of normal hours to meet operational requirements.

Section 2. The normal employee schedule will be continuous hours with a thirty (30) minute unpaid meal period.

Section 3. Employees shall not leave work prior to completion of their scheduled hours without prior permission from the Program Manager or Technical Manager.

Section 4. Employees shall not be absent from work without prior permission from the Program Manager or Technical Manager, except in cases of unforeseen illness or injury or reasons beyond the control of the employee. In the rare instances when an employee cannot avoid being late to work or are unable to work as scheduled, it is the duty of such an employee to notify the appropriate Company Manager of the reason for such anticipated absence or tardiness as soon as possible.

Section 5. An employee who fails to report for work for three (3) consecutive scheduled work shifts without an acceptable reason that is beyond the control of the employee without calling in, shall be considered to have resigned their employment with the Company and will be discharged for job abandonment.

Section 6. Downtime.

Because of the mobile nature of the work performed by employees, employees are scheduled to be on the road working on a route for extended periods of time in between which the employees are on “Downtime.” For all purposes of this Agreement, “Downtime” means paid workdays on which an employee is not scheduled to be at a customer work site or traveling to or from a customer worksite. The Company will schedule all employees to routes (and may assign and reassign employees to routes as deemed necessary by the Company to fulfill operational requirements), and the Company will determine Downtime. Employees on Downtime are subject to being assigned to work. When an employee takes vacation during Downtime, the employee is not subject to being assigned to work. Employees will be provided a minimum of eighteen (18) days of Downtime per year. To the extent not provided, employees will be permitted to request that any vacation that cannot be scheduled during Downtime be used outside of Downtime, which request will be granted subject to operational requirements.

Article 11 Overtime

Section 1. The provisions of this Article are intended to provide only the basis for calculation and payment of overtime and shall not be construed as a guarantee of any specific overtime hours.

Section 2. It is understood and agreed that the Company reserves the right to require employees, selected by the Company, to perform overtime work in order to meet customer and other operational needs. When such overtime is required, employees involved shall be given as much notice as practical.

Section 3. Employees shall be paid for hours actually worked in excess of forty (40) in a normal workweek including holiday pay, at one and one-half (1 1/2) times the regular straight-time hourly rate.

Section 4. No overtime shall be worked except by specific direction from the Company.

Article 12 Leaves of Absence

Section 1. Personal Leaves of Absence Upon approval of the Company in its sole discretion, personal leaves of absence without pay for up to sixty (60) calendar days may be granted. Requests for such leave should normally be made at least two (2) weeks in advance.

Section 2. Medical Leaves of Absence Leaves of absence for legitimate personal health reasons supported by sufficient medical verification will be granted to an employee for a period not to exceed three (3) months or such longer period as may be required if the employees become covered by the FMLA or any state or local law related to medical leave. In the event the employee is released to return to work within three (3) months of the date of such leave (or such longer period of leave as required by applicable law) and the employee has notified the Company in writing of his or her ability to return to work, the employee will be returned to the position he or she held at the time such leave was taken provided the position has not been abolished. If not released to return to work within three (3) months after the date of leave (or such longer period of leave as required by applicable law), the employee shall be terminated.

The Company will continue insurance coverage for qualified employees during periods of medical leave. The employee is responsible for payment of the employee portion of the premium. When on unpaid leave this premium must be paid monthly.

Section 3. Military Reserve/National Guard Duty Leaves of Absence Annual military leaves of absence for training purposes will be granted to employees serving in the U.S. military reserve or National Guard. Such employees will be paid the difference between their military base pay and their regular base rate. The employee must furnish the Company a copy of their military orders at the time the leave is requested and a copy of the leave and earnings statement to support the difference in pay. Payment of this differential will not exceed ten (10) working days for annual training.

Section 4. Uniformed Services Leaves of Absence An employee who enters or is recalled into any branch of the U.S. Armed Forces for active duty service shall continue to accrue seniority during their absence and may apply for reinstatement upon discharge or release from service. The terms and conditions of the Uniformed Services Employment and Reemployment Rights Act (USERRA) will be applicable in all cases.

Section 5. Jury Duty Leaves of Absence An employee who has been called to jury duty or jury service will be paid their regular base rate, inclusive of benefits, for time lost from regularly scheduled hours of work because of jury duty, less any amount the employee is paid for jury service, up to a maximum of ten (10) workdays per calendar year.

Section 6. Requesting a Leave of Absence Requests for a leave of absence or an extension of a leave of absence must be given in writing giving sufficient details as to the need along with documentation, if applicable, supporting the request for the leave.

Section 7. Leave Without Pay (LWOP) Use of leave without pay is not a generally accepted practice. Excessive use without prior authorization will result in disciplinary action.

Section 8. Failure to Return to Work Employees who fail to return to work upon expiration of a leave of absence, without prior notice and reasonable excuse, shall be considered as having severed their employment.

However, the Company may consider extenuating circumstances in its sole discretion.

Article 13 Dues Check-Off

Section 1. The Company agrees to a check off of Union dues, initiation fees and assessments for each employee for whom the Union delivers to the Company a written authorization to make such deductions, signed by the employee. The Company shall make deductions for each employee with a current authorization in effect from the first two (2) pay periods of each month. The Company shall disburse to the Union Secretary-Treasurer of District Lodge 776 the amount deducted by the 15th day of each month following the month in which the deductions were made.

Section 2. The Union agrees to hold the Company harmless against any and all complaints, claims, judgments, or demands that may arise out of or in any way be related to compliance by the Company with the terms of this Article or in reliance by the Company upon any document furnished to the Company by the Union pursuant to the provisions of this Article.

Article 14 Safety and Health

Section 1. The Company shall provide and maintain a safe and healthy workplace. The Company will provide all required personal protective equipment (PPE).

Section 2. Any employee may exercise their legal right to refuse to perform work that is unsafe to life, limb or health as provided by federal law. An employee's refusal to perform work which is in violation of established safety and health rules or any local, state or federal safety and health law shall not warrant disciplinary action.

Section 3. Any bargaining unit employee who leaves work as a result of an on-the-job injury will be paid for the remainder of their regularly scheduled work shift at their applicable rate of pay.

Section 4. The Company and the Union shall use every effort to assure compliance with applicable Federal Aviation Administration safety and health rules and other government and customer rules and regulations.

Section 5. No employee shall be subject to any discipline, of any kind, for reporting a safety hazard or injury. However, Employees who violate applicable safety rules, laws, regulations or policies shall be subject to disciplinary action.

Section 6. Long full beards, unrestrained long hair, frayed trouser and shirt cuffs, loose clothing, untied shoe laces and torn clothing are not permitted during work hours as they can become caught in tools or machinery and cause serious injury.

Section 7. Employees will not attach, affix or display objects, jewelry or ornamentation through the ear (excepting stud-type earrings that do not pose a safety hazard), nose, cheek, tongue or any other exposed body part while at work as these objects may pose a safety problem or present a foreign object debris or foreign object damage hazard.

Section 8. Employees found in violation of Section 6 or 7 of this Article will be required to remedy the unsafe condition and may be subject to discipline for repeated violations.

Section 9. Employees are not permitted to smoke while in Company vehicles or on customer property.

Article 15 Visitation

Section 1. Union officials desiring to enter the Company's (or the government's) premises for the purpose of conducting the affairs of the Union shall, prior to entering the Company's (or the government's) premises, notify the Program Manager of the visit and its purpose. Such representatives shall not interfere with the operation of the Company's business or cause the cessation of any work. Such representatives shall comply with all government rules and requirements including those regarding access. The Union understands that government rules may preclude access to the Company's work areas.

Article 16 Drug and Alcohol Policy

Section 1. The Company and the Union are committed to maintaining a safe and productive alcohol and drug-free environment for all employees in strict conformance with all applicable federal and state laws, regulations, and requirements.

Section 2. The use or possession of alcohol or drugs, excluding prescribed medication, while on Company or government property, or in any Company vehicle, or on Company time, including breaks, is strictly prohibited. Also, reporting to work under the influence of or impaired by alcohol or drugs is strictly prohibited. Disciplinary action up to and including discharge may result from such action.

Section 3. Any instance of drug use, possession, distribution or the sale of drugs or drug paraphernalia a serious matter that will result in immediate termination of the employee regardless of whether or not it is identified on Company or government premises, through drug testing or otherwise, or occurs on or off of work. Any instance of alcohol possession or being under the influence of or impaired by alcohol on Company or government premises a serious issue that will warrant immediate termination of the employee.

Section 4. Pre-employment, post-accident, reasonable suspicion, random, return-to-duty, retesting and post-rehabilitation testing are authorized and if performed, will be administered in a manner consistent with applicable laws and regulations. Test protocols, including test results reporting, record keeping, confidentiality and privacy will be established and administered as required by the provisions of any applicable laws and regulations.

Section 5. The Company and the Union believe employee assistance programs emphasizing education, counseling, rehabilitation and coordination with available community resources are fundamental to sustaining a drug-free workplace. Accordingly, employees who have or believe they may have an alcohol or drug dependency are encouraged to take the initiative in seeking counsel and assistance and to voluntarily participating in an appropriate program of rehabilitation and recovery. Such programs will not be available to or excuse an employee after the employee has already been selected for testing or otherwise caught in violation of this Article.

Article 17 Compensation

Section 1. Classifications and rates of pay are shown in Appendix A of this document.

Section 2. Notwithstanding anything set forth in this Article or elsewhere in this Agreement, there is no work that is performed exclusively by Electronic Tech II employees or Electronic Tech Ill employees, and, accordingly, no Electronic Tech employee (II or Ill) shall have any right to additional pay or pay at a higher rate of pay based on a claim that he or she was working in an Electronic Tech classification above his or her classification.

Article 18 Paid Time Off

Section 1. Holidays All full-time employees shall receive eight (8) hours of holiday pay at their regular hourly rate for the holidays listed below. Part-time employees will be paid for holidays on a pro rata basis based upon the number of hours for which they are regularly scheduled.

The following eleven (11) holidays are designated for each calendar year:

New Year’s Day, Martin Luther King Day Presidents’ Day Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veterans’ Day Thanksgiving Day Christmas Day

a. When an employee is required to work on a holiday, in the Company’s discretion, the employee will either be afforded an alternate day off or will be paid for both the time worked and for holiday pay.

b. In order to be eligible for holiday pay, an employee must be in active paid status. That is, he or she must receive pay in the week in which the holiday occurs.

c. Any holiday that falls on Sunday shall normally be observed on the following Monday.

Any holiday that falls on Saturday shall normally be observed on the preceding Friday.

Observance shall be in accordance with Federal Aviation Administration scheduling.

Section 2. Vacation Employees shall be entitled to paid vacation, awarded annually on each eligible employee's anniversary date, as follows:

1st anniversary to 5th anniversary- ten (10) days 6th anniversary to 15th anniversary - fifteen (15) days 16th anniversary or greater - twenty (20) days

a. Vacation will be awarded on each employee’s anniversary date.

b. There will be no pay in-lieu of time-off for vacation. The intent of this provision is to cause each employee to use their vacation.

d. Unused vacation hours may not be carried over to the next year. Rather, all vacation hours must be scheduled and used as of the employee’s next anniversary date. If not so used, such hours will be scheduled and used during the employee’s next Downtime.

e. When a holiday, as defined in this Agreement, falls within the vacation period, the employee shall not be charged vacation time, but rather, shall be paid for the holiday.

f. All vacation will be paid at the employee’s straight time rate of pay.

g. Unless otherwise approved by the Company all vacation will be scheduled and used during Downtime. The Company reserves the right to approve or deny vacation requests based on business operations.

h. Any awarded but unused vacation will be paid out upon termination/resignation.

i. If an employee is unable, due to illness or injury, to work while on the road, the employee will not be required to use vacation and will be paid, provided that the Company may require medical documentation of the illness or injury and may send the employee home if deemed appropriate by the Company.

Section 3. Bereavement Leave. Up to three (3) days off with pay shall be granted to an employee to attend the funeral when a death occurs in the immediate family. Additionally, the Company will pay for travel for the employee from the remote worksite to the employee’s home location. The immediate family shall be limited to spouse, parents, step-parents, siblings, step-siblings, children, step-children, and grandparents.

Article 19 Temporary Workers

Section 1. To meet operational requirements as determined in the Company's discretion, non-bargaining unit employees, including, but not limited to, managers, supervisors, and Company employees from other sites, may perform work ordinarily performed by bargaining unit employees on a temporary basis. No such temporary assignment will be made if any qualified bargaining unit employee on layoff status is ready, willing, and able to work and will not exceed ninety (90) days.

Article 20 Government Requirements

Section 1. The Union agrees to cooperate with the Company in all matters required by its contract with the Government, and the Union recognizes that the terms and conditions of this Agreement are subject to the contractual prerogatives of the Government. The Union agrees that any actions taken by the Company pursuant to a directive from the Government or a modification of the Company's contract with the Government shall not constitute a breach of this Agreement.

Article 21 Miscellaneous

Section 1. The Company and the Union agree that the provisions of this Agreement shall apply to all employees covered by it without discrimination. In carrying out their respective obligations under the terms of this Agreement, neither the Company nor the Union shall discriminate against any employee due to race, color, age, religion, sex, national origin, disability (provided the employee is able to perform the essential functions of the job with or without a reasonable accommodation) or record of prior military service.

Section 2. In the event that any of the provisions of this Agreement shall be or become legally invalid or unenforceable, such invalidity or unenforceability shall not affect the remainder of the provisions.

Section 3. The Company and the Union acknowledge that during the negotiations which resulted in this Agreement, each had an unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Company and the Union agree, for the life of this Agreement, that neither party will seek to alter, amend, or modify any provision of this Agreement and neither party will be required to bargain over any subject or matter, whether or not such subject or matter is or is not addressed by this Agreement.

Section 4. This Agreement, when accepted by the parties hereto and signed by the respective representatives thereunto duly authorized, shall constitute the sole agreement between them involving the employees covered by this Agreement. Any alteration or modification of this Agreement must be made by and between the parties hereto and must be in writing.

Section 5. Any employee leaving the service of the Company will, upon request from the employee, be furnished with a letter setting forth the Company's record of their job classification, stating length of service and beginning and ending rate of pay.

Section 6. Employees entering the service of the Company may be required to take a physical examination as specified by the Company. In addition, an employee may be subjected to a physical examination upon recall to service after layoff, leave of absence, or other absence for illness or injury. The Company shall pay for any physical required by it except for a physical to determine duty status performed by a doctor selected by the employee.

Section 7. Company payroll records, pertaining to any employee in the unit whose pay is questioned, will be provided to the Union within a reasonable period of time upon request. All payroll records pertaining to the unit may be examined by the Union during business hours upon request.

Section 8. Should the government customer find any provision of this Agreement to be unenforceable, the parties agree to renegotiate the offending provision(s).

Article 22 Successorship

Section 1. The provisions of this Agreement shall be binding upon the Company and any entity that becomes the Company's successor through a merger or acquisition and this Agreement will not be affected or changed in any respect by any change in the legal status, ownership or management of the Company.

Article 23 Benefits

Section 1. The Company will provide the benefits as outlined in Appendix B.

Article 24 Travel

Section 1. The Company will reimburse employees traveling on Company business, at rates established by the Company, which may include per diem rates for meals and lodging.

Employees are responsible for completing and submitting an expense report at the end of each week (Saturday to Friday) in which any travel expenses are incurred. The Company will provide reimbursement no later than thirty (30) days after receipt at the Company's corporate headquarters of a completed expense report supported by all receipts and other appropriate documentation evidencing the expenses claimed.

Section 2. Employees are responsible for selecting their hotel accommodations at the customer work location. In the event an employee is unable to locate accommodations in the area near the customer location that is within the lodging allowance, the employee will notify the Program Management Office (PMO). PMO personnel will evaluate lodging facilities in the area and inform the employee of the options available. If the cost remains in excess of the lodging allowance, the PMO will authorize the employee to submit the actual lodging expense for reimbursement.

Section 3. The Company will arrange all work-related air travel for bargaining unit employees. The Company will endeavor to schedule travel time during the employee’s regularly scheduled workweek, provided that flight schedules and operational requirements may require travel outside the normal workweek. Employees are responsible for providing travel to and from the employee’s home airport location. The Company will reimburse for actual mileage for personnel vehicle use to and from home airport locations, limited to fifty (50) miles each way.

Section 4. Time spent in travel status outside normal work hours shall not be considered hours of employment for pay purposes.

Article 25 Duration and Termination

Section 1. This Agreement shall become effective on the day that it becomes fully ratified and executed by the Company and the Union. All economic changes shall be effective as of April 30, 2025.

Section 2. This Agreement shall continue in full force and effect through midnight, June 2, 2028 and thereafter be automatically renewed from year to year, unless the party desiring termination or modification of the Agreement serves written notice upon the other party at least sixty (60) days prior to the expiration date of the Agreement.

“Contract Re-affirmance”- Effective June 2, 2027 the parties shall expressly reaffirm this Agreement for its remaining stated term through June 2, 2028.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representative on the dates set forth below:

For the Union:

IAMAW, District Lodge 776

For the Company:

The Bionetics Corporation

Appendix A Occupational Classifications and Rates of Pay

Job Classification

Effective 4/30/2025

Effective 4/30/2026

Effective 4/30/2027

Effective 4/30/2028

Electronic Technician II $38.32 $40.24 $41.85 $43.52 Electronic Technician III $38.32 $40.24 $41.85 $43.52

Appendix B Employee Benefit Plans

Section 1. Health Insurance The Company will make health insurance plan(s) or an opt out available to each full-time bargaining unit employee, meaning each bargaining unit employee who regularly works at least thirty-two (32) hours per workweek. The Company will review the available plan(s) and coverages annually in an effort to control costs. If more than one plan is offered, the employee will have the right to designate the plan that the employee desires or to opt out of receiving health insurance through the Company.

1. During the duration of this Agreement, the Company will contribute for each hour paid, to a maximum of two thousand eighty (2,080) hours per year, up to forty (40) hours per week, on behalf of each full-time bargaining unit employee, the amount set forth in the table below. An employee who receives no pay in a given month (excluding disability pay) will not be entitled to be paid health and welfare for that period.

Benefit

4/30/2025 Effective 4/30/2026

Effective 4/30/2027

Effective 4/30/2028

Health & Welfare (H&W) $ 9.50 $ 10.00 $ 10.50 $11.00

The employee shall have the right to designate the option or options on which to spend the employee’s health and welfare pay in a cafeteria plan.

2. Should the cost of the benefits selected by the employee exceed the amount contributed by the Company, such excess cost will be paid by the employee through payroll deductions. In the event that the cost of the benefits selected by the employee does not exceed the amount contributed by the Company, the excess contribution, at the employee's election, may be taken as a cash payout. Employees may also participate in the Company-sponsored Union 401(k) plan through payroll deductions.

3. Employees on short term or long-term disability or an extended leave of absence may, if and to the extent permitted by the applicable plan or policy of insurance, maintain their insurance coverage at the employee's expense.

4. 401(k) Plan All eligible employees in the bargaining unit may participate in the Company’s 401(k) Plan offered by Employer in accordance with the Company 401(k) Plan document. The 401(k) Plan provides for voluntary employee contributions made by payroll deduction, up to the contribution limits and tax provisions established by the IRS. The Company contribution rate shall be provided for fulltime employee’s base wage hours (up to 40 regular hours to include productive and non-productive) paid per workweek. Participants will not be eligible for this contribution while on unpaid leave status (i.e., military leave, personal leave or other forms of unpaid leave).

Benefit

4/30/2025 Effective 4/30/2026

Effective 4/30/2027

Effective 4/30/2028

Company 401k (Union) $ 2.00 $ 2.50 $ 3.00 $3.50

Section 2. General It is understood that the Company’s contracts with insurance carriers provide some or all of the benefits contemplated hereunder. The exact description of the coverages, including their terms, conditions, and restrictions, are as set forth in the applicable plans and/or policies of insurance and all plans and coverages are subject to the terms, conditions and restrictions of such plans and/or policies as currently existing or established from time to time. Interpretation and application of such plans and/or policies shall ultimately rest with the insurance carriers, and any dispute thereunder shall be between the employee and the insurance carrier and not subject to the grievance and arbitration procedure of this Agreement. The Company reserves the right to modify the plans, policies and insurance carriers that provide these benefits. The parties understand and agree that the Company reviews its plans and coverages annually and that plan coverages, co-pays, coinsurance, deductibles and the like may and likely will be altered to control costs and that such alterations will not be considered a change to the benefits to be afforded by the Company pursuant to this Appendix B.