Attachment_HH_Collective_Bargaining_Agreements.pdf

Collective Bargaining Agreement

Between

Aktarius, LLC

And

International Association of Machinists & Aerospace Workers, AFL-CIO

District Lodge No. 75 and

Local Lodge No. 291

Center for Domestic Preparedness - COBRA Training Facility

Located at

Anniston, Alabama

EFFECTIVE

MARCH 17, 2017 THROUGH MARCH 16, 2020

TABLE OF CONTENTS

PREAMBLE 2

PURPOSE 2

ARTICLE 1 RECOGNITION 3

ARTICLE 2 MANAGEMENT RIGHTS 4

ARTICLE 3 UNION & COMPANY RELATIONS 6

ARTICLE 4 SENIORITY 9

ARTICLE 5 MISCELLANEOUS 12

ARTICLE 6 VACANCIES, PROMOTIONS, AND TRANSFERS 14

ARTICLE 7 LAYOFF PROVISIONS 16

ARTICLE 8 LEAVES OF ABSENCE 18

ARTICLE 9 UNION REPRESENTATION 21

ARTICLE 10 GRIEVANCE PROCEDURES 24

ARTICLE 11 ARBITRATION 27

ARTICLE 12 HOURS OF WORK, WORKDAYS & WORKWEEK 29

ARTICLE 13 OVERTIME 31

ARTICLE 14 PAY PROVISIONS 33

ARTICLE 15 HEALTH AND WELFARE and PENSION BENEFITS 35

ARTICLE 16 HOLIDAYS 37

ARTICLE 17 PAID TIME OFF (PTO) 38

ARTICLE 18 SAFETY & HEALTH 40

ARTICLE 19 DISCHARGES AND DISCIPLINE 43

ARTICLE 20 SEPARABILITY 46

ARTICLE 21 ALTERATION OF AGREEMENT 46

ARTICLE 22 NEW TECHNOLOGY 47

ARTICLE 23 DEFINITIONS 48

ARTICLE 24 DURATION 49

APPENDIX A WAGE SCALE 50

APPENDIX B COMPANY RULES OF CONDUCT 51

APPENDIX C DRUG & ALCHOHOL-FREE WORKPLACE PROCEDURE 53

APPENDIX D JOB DESCRIPTIONS 57

PREAMBLE

This Collective Bargaining Agreement (hereinafter referred to as the “Agreement”) is entered into by and between Aktarius, (a wholly owned company of the Hawaiian Native Corporation,) as the Prime Contractor and shall have total responsibility and control over any and all sub-contractors signatory to this Agreement; (hereinafter referred to as the “Company”), and the International Association of Machinists and Aerospace Workers, AFL CIO, District Lodge No. 75 and its Local Lodge No. 291 (hereinafter referred to as the “Union”), at Anniston, Alabama, this the 17th day of March, 2017, and continue until midnight March 16, 2020. The monetary matters in this Agreement will not be effective until August 13, 2017, unless otherwise specified.

Whenever the terms “Company” or “Employer” or “Contractor” as used in the Agreement, such terms shall apply to the applicable signatory company of Aktarius. The rights and obligations arising from the Agreement shall apply to Aktarius which includes responsibility and control over all sub-contractors. Issues related to the Agreement shall be addressed and resolved between the Union and Aktarius for all bargaining unit employees no matter if the bargaining unit employee works for a sub-contractor under this Agreement.

With regard to issues related to hiring, promotions, assignments, transfers and layoffs, it is understood and agreed by the Company and the Union that all bargaining unit employees (no matter which contractor they work for) is one bargaining unit. The employees of each signatory company shall have the right to displace an employee in another signatory company if such employee has the qualifications to perform the work.

This Agreement shall be binding upon the corporate successors and assigns of the Company, as well as the successors and assigns of the Union, if any. The Company shall notify the Union at least 60 days prior or as soon as possible to any change in ownership that would create a successorship situation. The term “corporate successors and assigns of the Company,” for the purposes of this Article, is limited to any company which buys the Company, in whole or in part, for the purpose of taking over the work under the Government contract. Further, the Company will not be responsible to attempt to bind any other successor companies awarded the Government contract to the terms and conditions of this labor Agreement.

PURPOSE

It is the intent and purpose of this Agreement to establish the wages, hours, and terms and conditions of employment for Employees in the represented unit defined in Article 1, entitled Recognition, to provide orderly collective bargaining relations between the Company and the Union, to secure prompt and fair disposition of grievances, and to further stabilize employment relations for the duration of this Agreement. To this purpose, wages, hours, and terms and conditions of employment issues will be handled with Aktarius for any and all sub-contractors under this Agreement.

The Union recognizes that the Company is a contractor to the Federal Government. The parties agree that it is in the best interest of the Union and the Company to develop a Labor/Management relationship that respects the mutual interests of both parties. The parties further agree that such a relationship fosters an environment that enhances the mission of the United States Department of Homeland Security.

Whereas the Company and the Union have bargained collectively, in good faith, with respect to wages, hours and other conditions of employment for Employees in the Bargaining Unit herein defined, and have reached the following agreement.

ARTICLE 1

RECOGNITION

1.1 UNION RECOGNITION

The Company recognizes the Union, its agents and representatives as the exclusive collective bargaining representative of all of the Employees within the Bargaining Unit defined in Article 1, Section 1.2 of this Agreement.

1.2 BARGAINING UNIT

Aktarius (Prime Contractor), a wholly owned Subsidiary of the Native Hawaiian Corporation) recognizes the Bargaining Unit to be the appropriate unit certified by the Recognition Agreement between the Company and the Union executed 8 February 2016 and any new or revised job classifications that meet the criteria established by the National Labor Relations Board. Aktarius also recognizes the bargaining unit that was recognized by Accent Controls, Inc. to be the appropriate unit certified by the Recognition Agreement between Accent Controls and the Union executed on 8 February 2016; the bargaining unit that was recognized by Dawson Technical, LLC to be the appropriate unit certified by the Recognition Agreement between Dawson and the Union executed on 10 February 2016; the bargaining unit that was recognized by VT Griffin Services, Inc. to be the appropriate unit certified by the Recognition Agreement between VT Griffin Services and the Union executed on 16 February 2016; and any new or revised job classifications that meet the criteria established by the National Labor Relations Board.

1.2.1 EXCLUSIVE REPRESENTATION/CLASSIFICATIONS

The Company recognizes the Union as the sole and exclusive bargaining agency and representative of all Employees identified in the Recognition Agreement between the Company and the Union and are defined as follows:

1.2.1.1 All hourly rated employees employed by the Company at the Center for Domestic Preparedness – COBRA Training Facility in Anniston, AL EXCLUDING confidential secretaries, supervisors, and management personnel as defined in the National Labor Relations Act for the purpose of collective bargaining with respect to wages, hours of work, and other conditions of employment of employees in the bargaining unit as herein defined. The Company will not bargain individually with any Bargaining Unit member regarding wages, hours, and working conditions or anything that may conflict with this Agreement. No Agreement, alteration, understanding, variation, waiver or modification of any of the terms, conditions or covenants contained herein shall be made by any Employee or group of Employees with the Company and in no case shall it be binding upon the parties hereto, unless such agreement is made and executed in writing between the parties hereto, with the Union Business

Representative or a Union Representative with credentials, to enter into such agreement as a signatory to such agreement.

1.2.2 SCOPE

This Agreement shall cover all of the work of the occupational classifications set forth in Appendix A to this Agreement, including newly established classifications that meet the requirements and definition of the collective bargaining unit.

ARTICLE 2

MANAGEMENT RIGHTS

2.1 MANAGEMENT RIGHTS

The Company retains all inherent rights of management. Management’s rights include, without limitation, the following: to direct, control, and schedule its operations and work force; to make all decisions affecting the business; to hire, terminate, promote, lay off, assign, classify, evaluate, transfer, suspend, discharge, and discipline Employees for just cause; to select the number assigned to any particular work; to determine the starting and quitting times and the number of hours per day and the shift to be worked; to establish, modify, and enforce reasonable rules and regulations that are not in direct conflict with the express provisions of the Agreement; to select and hire Employees; to introduce new, improved, or different methods of operations which may cause a reduction in the work force; to establish, change, or combine job classifications; to determine job qualifications; and to create and disband Employee committees, teams, and working groups in support of the Company’s safety and total quality management objectives, (continuous quality improvement) provided such committees, teams, or working groups may not function in a representative capacity or deal with matters involving wages, hours, or working conditions. No Company decisions or implemented practices shall conflict with any provisions of this Agreement.

2.2 SUPERVISORS

Supervisors and management personnel will be able to assist Employees in trouble shooting, technical advice, and training. When an emergency situation warrants or when a shift is crippled by Employee absenteeism, a Supervisor or Manager can fill a position. The term “emergency” is defined to mean any unforeseen combination of circumstances, which would require immediate action. The Company will not use Supervisors to displace employees.

2.3 COMPANY RULES OF CONDUCT

The Company Rules of Conduct as contained in Appendix B will remain in effect during this Agreement. The Union will be notified of any proposed changes of the Company Rules of Conduct fifteen (15) days in advance of the rules becoming in effect. Rules of Conduct are developed by the Company and not negotiated with the Union. Once implemented, Rules of Conduct will be discussed with the Union and could be changed if both the Union and the Company agrees. The Union retains its right to grieve any Rule of Conduct which effects the working conditions of the bargaining unit. Company Rules of Conduct shall be posted on all Company bulletin boards seven (7) calendar days prior to implementation. Disciplinary action will be in accordance with Article 19.

2.4 APPLICATION OF MANAGERIAL PREROGATIVES

The Company shall be the judge of all matters pertaining to the location of operations, production, and the methods and processes used in performing the work, including the right to introduce new and improved methods and to change existing methods, provided that no decisions or implemented practices shall conflict with any provisions of this Agreement.

Although the Company shall make reasonable business efforts to maintain the existing workforce necessary to perform the work that is done by the represented Employees, the Company expressly retains the right to contract out work to other entities including contractors and subcontractors or other organizations as deemed necessary. When the Company decides to subcontract out work, the Company agrees to use the Contractors on the Government Approved Contractor list. The Company will not contract out Bargaining Unit work and simultaneously lay off Bargaining Unit Employees of the same classification. All decisions to contract out work will be at the discretion of the Company.

2.4.1 The Company shall enforce rules, regulations, job descriptions, policies and procedures fairly and equitably.

2.4.2 The Union and Employees shall be notified prior to the institution of new rules, regulations, and policies or changes in existing rules, regulations, and policies, not addressed in Article 2.3, which are imposed upon the Company by outside entities or governmental agencies. The Company will accept and consider input from the Union prior to implementation.

2.4.3 The extent of any penalty levied against any Employee(s) for any alleged violation of any rules and regulations shall be subject to protest through the Grievance Procedure.

2.5 FLEXIBLE USE OF THE WORKFORCE

All provisions of this Agreement will be interpreted and applied to permit maximum utilization of the workforce. When deemed necessary the Company is expressly permitted to assign Employees to perform limited duties of other classifications on a temporary basis as long as the Employee possesses the ability and skills to safely perform the individual task(s) that he/she is assigned.

The Employees will not suffer pay reductions and will be paid at the higher of the rates of his/her classification or the newly assigned classification. Employees agree to perform all work to which they are assigned as long as they are trained and qualified to perform the work in a safe manner. It is expressly understood that limited duties performed in any given classification does not automatically qualify an Employee to perform the full duties of that classification.

ARTICLE 3

UNION AND COMPANY RELATIONS

3.1 Union Activity During Working Time.

Solicitation of Union membership, collection or checking of dues, will not be permitted during working hours. The Company agrees not to discriminate in any way against any employee for the filing of complaints or grievances or for Union activity. Any employee engaged in unsanctioned Union activity during working time, except as specifically allowed by the provisions of this Agreement, or by other agreement between the Company and the Union, is subject to disciplinary action.

3.2 Strikes and Lockouts.

The Union agrees that during the terms of this Agreement and regardless of whether an unfair labor practice is alleged (a) there will be no strike, slow-down, sit-down, or walk-out and (b) the Union will not directly or indirectly authorize, encourage or approve any refusal on the part of employees to proceed to the location or normal work assignment where no rare or unusual physical hazard is involved in proceeding to such location. Any employee who violates this clause shall be subject to discipline. The Company agrees that during the term of this Agreement there will be no lockout of employees covered by this Agreement.

Any claim by either party of a violation of this Section 3.2 shall not be subject to the grievance procedure or arbitration provisions of this Agreement and the party shall have the right to submit such claim to the courts.

3.3 Union Payroll Deduction.

It is agreed between the Company and the Union that any employee in the bargaining unit defined in Article 1 of this Agreement, who is or may hereafter become a member of the Union, or pays an agency fee, may authorize the collection of Union dues or agency fees by the signing of a payroll deduction form. The employee's authorization shall be irrevocable for a period of one year from the date they are signed or until this agreement expires whichever occurs sooner, irrespective of their membership status in the Union. If the employee accepts a position outside of the bargaining unit after their Union dues/fees deductions have started, their pay roll deduction will be stopped immediately by the Company.

3.3(a) This authorization and assignment shall continue in full force and effect for yearly periods beyond the irrevocable period set forth above, and such subsequent yearly period shall be similarly irrevocable unless revoked within ten (10) calendar days nor less than three (3) days prior to the date of termination of any irrevocable period hereof. Such revocation shall be affected by written notice to the Company, and a copy sent by certified mail, return receipt requested, to the Union within such ten (10) day period.

3.3(b) Collection of any back dues or agency fees owed at the time of starting deductions for any employee and collection of dues or agency fees missed because the employee's earnings were not sufficient to cover the payment of dues for a particular pay period will be the responsibility of the Union and will not be the subject of payroll deductions.

3.3(c) As allowed by law, all employees in the bargaining unit must, as a condition of continued employment, be either a member of the Union and pay Union dues or pay an agency fee to the Union, but not both.

3.3(d) As allowed by law, all employees within the bargaining unit on the effective date of this Agreement who are not Union members must, as a condition of continued employment, pay to the Union while on the active payroll, an agency fee equal in amount to monthly membership dues, beginning with the month following the month in which they accumulate ninety (90) days’ continuous service in the bargaining unit since their last date of hire or rehire. Employees entering the bargaining unit or employees who are rehired with seniority or transferred with seniority into the bargaining unit after the effective date of this Agreement who do not become Union members, or having become but do not remain Union members, must, as a condition of employment, while on the active payroll, pay such fee to the Union commencing the month following the month in which they accumulate ninety

(90) days’ continuous service in the bargaining unit.

3.3(e) As allowed by law, employees who are Union members on the effective date of the Agreement shall continue to pay membership dues to the Union as a condition of continued employment while in the bargaining unit and on the active payroll as long as they remain members of the Union;

employees within the bargaining unit who after the effective date of this Agreement become members of the Union shall pay, while on the active payroll, an original initiation fee and membership dues to the Union, as a condition of continued employment while in the bargaining unit and while remaining a Union member; provided that in no event shall the initiation fee and membership dues exceed the amount specified in the Constitution and/or by-laws of the Union.

3.3(f) Any employee required to pay an agency fee, membership dues, or initiation or reinstatement fee as a condition of continued employment who fails to tender the agency fee or initiation, reinstatement, or periodic dues uniformly required, shall be notified in writing of the employee’s delinquency. A copy of such communication shall be mailed to the Company not later than fifteen (15) days prior to such request that the Company take final action on a delinquency.

3.3(g) Deduction of membership dues or agency fees shall be made in a flat sum provided there is a balance in the paycheck sufficient to cover the amount after all other deductions authorized by the employee or required by law have been satisfied. In the event of termination of employment, the obligation of the Company to collect dues or agency fees shall not extend beyond the pay period in which the employee's last day of work occurs.

3.3(h) The Company shall issue all Union payments such as Union dues, Initiation Fees, etc. via electronic funds transfer process only (Direct Deposit).

The Union shall ensure the company has been provided with a valid Bank Account and Routing number to set up the process. It will be the responsibility of the Union to submit all changes in Bank information to the Company immediately.

3.3(i) The Company shall issue all reports distributed to the Union electronically. Accounts will be established for a point of contact designated by the Union. It will be the responsibility of the Union to submit all changes in point of contact to the company.

3.3(j) Explanation to employees. Either the Company or the Union may explain to any employee or call to his attention, at any time, his rights and obligations under any or all provisions of this Article 3, Union and Company Relations.

3.3(k) SIGN UP/ORIENTATION OF NEW EMPLOYEES. The Union will be allowed a period, not to exceed thirty (30) minutes, during the check-in of a new Employee to provide the new Employee with applicable Union materials, including the Dues Check-off Form.

3.4 Payroll Deduction for Union Dues and Initiation Fee.

The Company shall make payroll deductions for the Union's dues upon receipt by the office designated by the Company of a voluntary written assignment covering such deduction on a form mutually agreed to by the Union and the Company.

The deduction list will include each such employee's social security number or permanent employee number, name, and amount of deduction and such itemization will be forwarded to the Union. The Union dues shall be in an amount specified on such assignment and the amount will have been approved by the Company in advance as being administratively practicable.

3.5 Indemnity.

The Union will indemnify and hold the Company harmless from and against any and all claims, demands, charges, complaints, or suits instituted against the Company which are based on or arise out of any action taken by the Company in accordance with or arising out of the foregoing provisions of this Article 3, Union and Company Relations.

3.6 Joint Meetings.

Should either party desire to discuss with the other any matter affecting generally the relationship of the parties, a meeting of Union and Company representatives shall be arranged upon request of either party. Such meeting shall take place at a time mutually convenient to both parties. Any use of Company time for attendance at such meetings shall be arranged in advance by mutual agreement.

This Section is intended to provide a free avenue of communication between the Union and the Company, and suggestions, complaints, or other matters may be presented by either party, provided that neither party shall be required to discuss any item brought up by the other party nor be bound to act upon any item presented. However, both parties agree to discuss informal grievances and complaints.

ARTICLE 4

SENIORITY

4.1 EMPLOYEE’S SENIORITY DEFINED

The length of service of the Employee from the Employee’s original date of hire by the Company, or by the Company’s predecessor contractors on the Chemical, Ordinance, Biological and Radiological Training Facility (COBRA-TF) contract at Anniston, Alabama.

4.1.1 SAME SENIORITY DATE

When two (2) or more Employees have the same seniority date as herein provided, the Employee having the highest last four (4) numbers of his/her social security number shall be considered as having the highest seniority for tie-breaking purposes.

4.2 CLASSIFICATION SENIORITY DEFINED

In cases where an Employee transfers or is transferred from one classification to another, their seniority in the new classification shall be based on his or her original employment date as established in Article 4.1 above.

4.3 PRINCIPLE OF SENIORITY

Principle of seniority, as defined in Article 4.1 above, shall govern and control in decisions concerning promotion (senior qualified employee) within the Bargaining Unit, transfer, decrease or increase of the working force as well as preference in assignment to shift work and choice of vacation period.

4.4 PROBATIONARY EMPLOYEES

All new Employees shall, for the first ninety (90) days of their employment, be considered Probationary Employees. If retained after the ninety (90) day period, these Employees shall be placed upon the Seniority List with seniority as of the date of hiring. All such Employees may be dismissed during the ninety (90) day period and any such action is not subject to the Grievance Procedure. Notification of dismissal of Probationary Employees is not governed by the provisions of discharge in Section 10.10 of this Agreement. With respect to all other matters, Probationary Employees are covered by the terms of this Agreement and shall have access to the Grievance Procedure for the enforcement of their rights there under. Conditions of discharge contained within Section 5.3.5 also apply.

4.5 RE-EMPLOYMENT OF LAID-OFF EMPLOYEES

The right of seniority for re-employment shall be accorded to a laid-off Employee prior to new Employees being hired. The laid-off employee should be notified up to eighteen (18) months of any job vacancy that he or she is qualified to fill. The Company shall send a written notice of recall by return receipt mail to the Employee’s last known address. Such laid-off Employee shall be recalled to the highest classification they previously held. If the highest classification previously held is not available they shall have the option to accept recall to work in any classification closest to the wage rate of that classification for which they are qualified to perform the work. An Employee refusing to accept recall to a lower classification shall not forfeit any seniority rights. Such laid-off Employee shall respond to the written notice of recall sent to them by the Company by return receipt mail to their last known post office address not more than five (5) working days, excluding Saturdays, Sundays, and holidays, after receipt of written notice of recall.

4.6 SENIORITY LIST

The Company shall prepare and maintain, subject to examination and correction by Union representatives, a Company Seniority List. The Seniority List shall be dated and have the Employee’s payroll or employee ID number, name, classification, and hire date. The list shall be in descending order from the most senior to the least senior employee. The Chief Steward shall be provided with a copy of the Seniority List and shall be notified of all changes. Each Employee shall have the right to protest any error in their seniority status. An updated copy of the Seniority List shall be provided to the Chief Steward every ninety (90) calendar days.

4.7 EMPLOYEE LAID OFF RIGHTS

Seniority rights of a laid-off Employee will continue while they are laid off.

4.8 LOSS OR TERMINATION OF SENIORITY

Seniority shall terminate:

4.8.1 When an Employee is discharged.

4.8.2 When an Employee voluntarily quits their employment or retires.

4.8.3 At the end of eighteen (18) months after an Employee is laid off for lack of work.

4.8.4 Any Employee laid off for lack of work, who had been subsequently asked to return to work, who, within fifteen (15) calendar days after receipt of written notice and does not report for work to their own department, after being so notified in writing mailed to their last known place of address, will be considered as having terminated their employment.

4.8.5 When an Employee is transferred to a salaried position for a period that exceeds thirty (30) consecutive calendar days. If the Employee returns to a position that they are qualified for which is covered by the Collective Bargaining Agreement within the 30-day period, their original seniority date shall be restored.

Whenever an Employee loses their job through layoff and has seniority over other Employees, such Employee may elect to select another job, for which they qualify, within three (3) working days, excluding Saturdays, Sundays, and holidays, from the time they lose their previous job or accept layoff. Any Employee within their Company of employment bumped from their job by a more senior Employee through layoff and has seniority over other Employees, such Employee may elect to select another job, for which they qualify, within two (2) working days, excluding Saturdays, Sundays, and holidays, from the time they lose their previous job or accept layoff.

4.9 QUALIFICATIONS

In the application of principles of seniority as provided in this Agreement consistent with applicable federal and state laws and regulations, the Employee must have the minimal qualifications to perform the work involved. “Qualified” or “qualifications” means that the Employee meets the minimal requirements of the position and has the physical ability to perform the work involved.

ARTICLE 5

MISCELLANEOUS

5.1 Inventions

Employees shall be permitted to retain ownership of inventions they conceived or developed while if done so completely while away from the worksite and not on Company time (off the clock). However the Government and the Company shall have shop rights extending to all such inventions, should the invention apply to work performed by the Government or the Company. Rights shall include the non-exclusive royalty-free rights on the part of the Company, to use such inventions and to make, have made, parts or tools for such inventions.

5.2 Sabotage

The Union agrees to report to the Company when it has knowledge of any acts of sabotage or damage to or the unauthorized or unlawful taking of Company, Government, customer or any other person's or employee's property. The Union further agrees, if any such acts occur, to use its best efforts in assisting to identify the guilty person or persons and notify the Company of its investigation.

5.3 Security Regulations/Security Clearance

5.3.1 The Union recognizes that the Company may now have, or may incur in the future, obligations with respect to the security of information and materials under contract with the Government. The Union agrees that nothing contained in this agreement shall place the Company in violation of security requirements with the Government.

5.3.2 It is understood by and between the parties hereto that, as a necessary condition of employment, employees may be subject to investigation for security clearances, special access requests, national agency check and/or unescorted entry authorization under regulations prescribed by the Department of Defense, or other agencies of the United States government on government work. Failure to apply, maintain or gain a security clearance and/or the denial or permanent loss of required clearances and unescorted entry authorization by such governmental agency may be cause for release from the Company, due to inability to meet job requirements. The Company shall provide a written receipt to the employee after submittal of their clearance application.

5.3.3 It is understood that there shall be no liability on the part of the Company, or the Union, for any employee release growing out of the denial of clearance and/or unescorted entry authorization by the United States Government and or non-receipt of a required clearance.

5.3.4 The Company will reinstate the seniority of an employee whose denied security clearance is reinstated by the Federal Government provided, such reinstatement occurs within forty-five (45) from the original date of denial. Any employee whose seniority is reinstated under this provision will be reinstated in his previously held occupational title. In those cases where reinstatement occurs latter than forty-five (45) days the employee will be reinstated to the previously held occupational title where a vacancy exist, or any lower classification he/she is qualified in which there is a vacancy so long as such reinstatement does not occur more than eighteen (18) months from the date the employee left the Company. If an employee is reinstated, pay will begin on the first day of work at the site.

5.3.5 In situations where an employee is discharged due to the results of a security investigation (after the probationary period has ended), the Union will inquire into the reason behind the security-based discharge and if warranted will request through the government for a hearing to discuss the conditions that caused the security discharge.

5.4 Non-Discrimination

All terms and conditions of employment included in this Agreement shall be administered and applied without regard to race, color, religion, national origin, status as a disabled or Vietnam era veteran, age, sex, or the presence of a handicap except in those instances where age, sex or the absence of a handicap may constitute a bona fide occupational qualification. If administration and application of the contract is not in contravention of Federal laws, such administration shall not be considered discrimination under this Section 5.4.

Notwithstanding any other provision of Section 5.4 of this Agreement, a grievance alleging a violation of this Section 5.4 shall be subject to the grievance procedure and arbitration of Article 10, Grievance Procedures, only if it is filed on behalf of and pertains to a single employee. Class grievances based on alleged violation of this Section 5.4 shall not be subject to the grievance procedure and arbitration under this Agreement

5.5 Successor and Assigns

This Agreement shall be binding upon and shall insure to the benefit of the parties hereto, their successors and assigns; but in the event the Company ceases to perform on the contract as identified in Article 1, Recognition, the Company shall be released from all obligations on the project(s) so affected under this Agreement.

5.6 Travel Reimbursement

The Company will furnish, to the Union, copies of the present published Company policies relating to reimbursement of travel.

5.7 Masculine - Feminine References

In construing and interpreting the language of this Agreement, reference to the masculine such as “he”, “him”, or “his” shall include reference to the feminine.

5.8 Government Includes Additional Sites

In the event the Government modifies Government Contract Number HSFE 20-15-R- 0020 with the Company to include other sites not listed in this scope, the Union and the Company agree to implement the applicability of this CBA at such sites as a part of the Bargaining Unit. Should such an extension occur, the Company and the Union agree to sit down and discuss the applicability of this contract language to the new site(s).

ARTICLE 6

VACANCIES, PROMOTIONS, AND TRANSFERS

6.1 POSTING AND BIDDING FOR VACANCIES AND NEW JOBS

All promotions and transfers between shops or job classifications within the Bargaining Unit shall be in accordance with this Article and the principles of seniority.

6.1.1 FILLING BARGAINING UNIT POSITIONS

Bargaining Unit vacancies and positions within the Company will be filled by recalling those seniority Employees laid off from the affected classification first. A vacancy is defined as an open Bargaining Unit position/job caused by a Bargaining Unit Employee changing his classification, shift, and/or increase in the Bargaining Unit workforce.

Thereafter, Bargaining Unit vacancies and positions will be filled by the most senior qualified volunteer(s) through job posting. If not filled by a Bargaining Unit volunteer, the most senior qualified, laid-off Employees of other classifications will be offered the position. Probationary Employees are not eligible to apply for posted positions until all Senior Bargaining Unit Employees have had the opportunity to bid on that posting. If the position is not filled by a current Bargaining Unit Employee or a laid-off Employee the position can be filled through outside recruitment.

6.1.2 POSTING

All vacancies and all job openings shall be posted on every Company shop bulletin board (All Companies under the CBA), with a copy provided to the Union. Such notices shall be posted on the Company bulletin boards ten (10) consecutive calendar days, or less if everyone in the bargaining unit has been notified of the posting, prior to the filling of the vacancy. The bulletin will state the number of jobs to be filled, the scheduled location of the job, the shift, the rate of pay for each job to be filled, and the job description and qualifications of the work required. The notice shall be posted with date and time noted.

6.1.3 PROMOTIONS

The Company will provide a copy of proposed job descriptions and job requirements for the vacancy or job opening to the Chief Steward for input. Qualifications for positions will be classified as “required” and “preferred”.

Any Probationary Bargaining Unit Employee may bid for the vacancy or job opening after all Senior Bargaining Unit Employees have had the opportunity to bid on that posting. An Employee bidding for more than one

(1) vacancy shall indicate the order of preference on each bid. All bids will be made in duplicate written copies; one copy shall be furnished to the Company and one copy to the Chief Steward.

When the most senior qualified bidder is selected, to fill the vacancy or job opening, the Company will announce the selection on Company bulletin boards.

6.1.4 DISQUALIFICATION OF BIDDER

An Employee who is unable to perform the job classification to the satisfaction of the Job Description, the Company within thirty (30) calendar days after being awarded the job, shall be returned to their former job classification and labor grade held at the time of submitting their bid. The Union and the Employee will be given the reasons for such disqualification in a written document.

6.2 TEMPORARY TRANSFERS OF PERSONNEL

The Company may temporarily transfer Employees from one classification to another for a period not to exceed thirty (30) days, unless extended by mutual agreement of the Union and the Company. This section of the contract shall not be used to avoid the declaring of a vacancy in the classification being filled by the temporary transfer.

Employees assigned or transferred shall not suffer a reduction in wages when working in a classification with a lower wage rate; however, Employees shall be paid the higher wage rate for all hours worked in the higher classification.

ARTICLE 7

LAYOFF PROVISIONS

7.1 INDEFINITE LAYOFF

No less than five (5) workdays, but as soon as practicable, prior to any indefinite layoff the Company shall notify the Chief Steward and all Employees in the affected classification(s) to be laid off. For the purpose of an indefinite layoff Employees shall be laid off as follows:

7.1.1 Senior Employees in the affected classifications who submit a layoff request will be laid off first. Then probationary Employees in the affected classification shall be terminated.

7.1.2 Employees in the affected classification having the least seniority shall be laid off. An Employee notified of indefinite layoff has three (3) working days (excluding Saturday and Sunday) from time of notice to file a written request to compete for an equal or lower job classification for which they are qualified. Such Employee who would otherwise be laid off, shall, if they have the qualifications to perform work, or if they previously held the classification, shall be allowed to (at the Employee’s option):

7.1.2.1 Displace the least Senior Employee in the next wage

classification for which they are qualified; or

7.1.2.2 Displace the least Senior Employee in any classification they previously held or are qualified to perform work.

When a layoff is made, the Employees will be laid off on the basis of their seniority. However, if an Employee to be laid off holds a certification, or license that is government/customer required to perform their job and no Senior Employee holds such certification, or license, such Employee will be retained and the next Senior Employee laid off in their place.

7.2 TEMPORARY LAYOFF

If at the direction of the government, the Company is required to implement a layoff for a period not exceeding thirty (30) workdays, such layoff shall be considered a temporary layoff. Employees affected shall be laid off and recalled according to seniority within their classification, shift, and department. Bumping will not be permitted during a temporary layoff.

7.3 RECALL

7.3.1 Order of Recall - If the Company determines a need to fill a vacancy in a classification from which employees are laid off, such employees shall be recalled in the reverse order of layoff.

7.3.2 Notice of Recall - The Company will forward notice of recall by certified mail to the last known address of the employee as reflected on Company records, with a copy of the notice being provided to the Union Chief Steward at the time of the mailing. The employee must, within fifteen (15) calendar days of the mailing of the notice of recall, notify the Company of his intent to return to work on the date specified for recall and thereafter return to work on such date.

Employees who fail to properly notify the Company of their intent to return to work or fail to return to work as scheduled will relinquish their seniority.

7.3.3 If required by Federal law, regulations, or rules and/or Medical regulations, rules or guidelines, Employees who return to work upon recall will be required to complete a return to work physical, chemical screening and will not be considered probationary employees.

7.4 RELATED SHUTDOWNS

Section 7.4 shall become effective on August 13, 2017. For periods of time when weather related incidents, safety stand-downs, Government/Customer shutdowns, Government mandated holidays, periods of mourning, inoperable equipment, technology upgrades or acts of God, or any situation or circumstance in which the Government/Customer restricts access to the base or facilities;

which necessitate a partial workday(s) or temporary closing of facilities, the Company will compensate employees up to eight (8) hours per day for time loss on days when they are available but unable to work. The Company shall make payments to the employees, under this Section, when the Government reimburses the Company for the lost work hours when the Government/Customer restricts access to the facilities. If the Government/Customer does not reimburse the Company, Employees can use PTO in lieu of unpaid time.

Part Time employees will be compensated on pro-rated basis per day for days when they are available but unable to work.

When the customer releases its employees from work due to weather-related occurrences, i.e. hurricanes, ice storms, snow, flooding, etc. that directly affects the safety of the Company’s employees, the Company will recommend that all Company bargaining unit employees be released also. When the customer does not release the personnel, the Site Manager will directly call the Program Manager, who will evaluate the situation and provide direction accordingly.

ARTICLE 8

LEAVES OF ABSENCE

8.1 UNPAID LEAVES OF ABSENCE

8.1.1 UNION EMPLOYMENT

When an employee is elected or appointed to a “full time” position in the Union, the Company shall grant a Leave of Absence, without pay or benefits, to the employee for the duration of the elected term. Seniority will continue to accumulate for this employee for up to forty-eight (48) months. At the expiration of the 48 month period, the employee shall be able to return to his/her previous position or equivalent if the previous position no longer exists.

The employee shall be subject to all necessary requirements of the classification they are returning to.

If an employee is reelected or the appointment to a “full time” position in the Union is continued beyond the 48 months period, the Union will request another Leave of Absence, without pay or benefits, for the employee and the Company shall grant the Leave of Absence for the duration of the new elected term. Seniority will continue to accumulate for this employee for up to forty-eight (48) months.

8.1.2 UNION AFFILIATED FUNCTIONS

Upon furnishing the Company reasonable advance notice, wherever possible two (2) weeks, an employee will be granted leave of absence without pay or benefits for the purpose of Union business. Such leave is limited to fourteen

(14) calendar days but the Company will give consideration for an extension, if required, upon written request to the Company. During leaves of fourteen

(14) days or less, employees shall retain, and continue to accrue seniority.

8.1.3 FAMILY MEDICAL LEAVE

In compliance with the Family Medical Leave Act of 1993 and as amended, the Company will grant eligible Employees any and all provisions to include subsequent revisions to the Family Medical Leave Act.

8.1.4 LISTING PROVIDED TO UNION

At the end of each month the Company shall furnish the Union a list of Employees out on disability in excess of fifteen (15) calendar days within each calendar month. This list shall include the date each leave commenced, and if known to the Company, the planned date of return.

8.1.5 WORKERS’ COMPENSATION LEAVE

Employees away from their jobs because of a compensable injury or compensable disease as defined by the Workers’ Compensation Act of Alabama shall be given leave of absence, without pay, and shall accrue seniority while on such leave.

8.1.6 LEAVE FOR PERSONAL REASONS

All applications for an unpaid leave of absence shall be made to the Supervisors (unless beyond the Employee’s capability) on a form provided by the Company.

8.1.7 MILITARY ANNUAL TRAINING LEAVE AND AUGMENTED PAY

Employees ordered to active duty for annual training with the National Guard or organized military reserve units, shall be granted a leave of absence not to exceed the duration of military orders each fiscal year, provided the Employee furnishes the Company a copy of their military orders at the time the leave of absence is requested. Such leave of absence shall be referred to as military leave.

This part of Section 8.1.7 for the Military Pay difference shall become effective on August 20, 2017. Employees may be granted 29 calendar days military annual training leave but shall be paid the difference in the earned military pay for up to the first 15 days, if less than the pay the Employee would have received working the regular Company schedule during the leave of absence.

In order to be eligible for military annual training leave pay, the Employee shall be required to furnish the Payroll Department a government computer printout or a certificate signed by their disbursing agent setting forth the amount of military taxable pay they earned during their leave period.

An Employee with twelve (12) months or more of continuous service credit who is called for and performs military duty shall be granted a leave of absence. Service credit and duly established seniority privileges will accumulate during such leave. Employees, who volunteer for military service duties, while employed with the Company, shall accrue seniority for a maximum of twelve (12) months while on such voluntary military leave of absence.

8.2 PAID LEAVES – Each Company will continue to use their current Company Policies for Bereavement Leave and Jury/Witness Duty through August 12, 2017. Effective August 13, 2017 Section 8.2.1 and Section 8.2.2 shall become effective.

8.2.1 BEREAVEMENT LEAVE

In the event of a death in the Employee’s immediate family, an Employee shall be paid for a maximum of three (3) consecutive days absence; however, unusual circumstances may warrant exception to the consecutive day standard. In those circumstances, the Company will review and consider exceptions to that standard on a case by case basis. For the purpose of this Section, “immediate family” shall include the Employee’s spouse, children, stepchildren, mother, stepmother, father, stepfather, sister, stepsister, brother, brother-in-law, sister-in-law, son-in-law, daughter-in-law, stepbrother, grandchildren, and grandparents and spouse’s mother, father, step father, step mother, and grandparents. Employees will not be paid for any days exceeding the above maximum paid days, unless otherwise provided for in this paragraph. Employees must supply documentation of bereavement (i.e., copy of obituary notice from the newspaper, death certificate, or funeral home announcement).

Should an Employee be on vacation, the Company shall contribute back to the Employees vacation account, those days that will be paid under Bereavement Leave.

8.2.2 JURY AND WITNESS DUTY

Employees who have been called to be selected to serve on jury duty or an Employee required to serve on jury duty shall be authorized time off up to fifteen (15) workdays. Employees will be required to return to work if the courts release them from jury within the first four (4) hours of their shift.

Employees will be required to work if the courts temporarily release them with a return to jury duty of a twenty-four (24) hour or greater period of time.

Verification of an Employee’s attendance at court is required. A qualifying Employee (as referenced above) on jury duty shall be paid the difference between payments made to the Employee for jury fees, if any, and their normal weekly earnings based on the Employees’ last full week of work. The Company reserves the right to request that such Employee be dismissed from jury duty, if in the opinion of management, it is necessary to keep the Employee on their current assignment.

Employees, who have been called to testify as witnesses in legal proceedings, under subpoena, shall be authorized time off. Employees called to testify as a witness may use PTO. Employee must provide his/her PM/DPM with a copy of the subpoena.

If a second or third shift Employee serves on jury duty, they shall not be required to work their shift on such calendar days, but shall be entitled to the pay as provided above.

8.3 ACCUMULATE SENIORITY

Seniority shall accumulate during all leaves of absence defined above, unless specifically stated otherwise.

ARTICLE 9

UNION REPRESENTATION

9.1 UNION BUSINESS REPRESENTATIVES

The Union Business Representative will be designated in writing to the Company and shall have access to the Company facilities, subject to normal base security procedures, for the purpose of adjusting disputes, investigating working conditions, and ascertaining that the Agreement is being adhered to, providing that there is no interruption of the Company’s business. These visits will normally be conducted during the first shift hours and the Project Manager/Human Resources or his designee will be notified of the visit.

9.2 UNION STEWARDS

Upon execution of this Agreement, the Union shall promptly furnish the Project Manager/Human Resources, in writing, the names of the Union Stewards.

Thereafter, the Union shall advise the Project Manager/Human Resources, in writing within seven (7) calendar days, of any change in Stewards. No Steward will be recognized as such by the Company prior to receipt of written notice of notification.

9.2.1 DUTIES OF STEWARDS

9.2.1.1 Steward duties involve gathering information on alleged violations of the Agreement, processing Grievances, and maintaining the Union’s bulletin boards.