CBA- signed 4 Mar 2022.pdf

A G R E E M E N T

By and Between

CHOCTAW DEFENSE SERVICES

UNITED STATES COAST GUARD BASE

KODIAK, ALASKA

and

TEAMSTERS LOCAL 959

January 1, 2022 – December 31, 2024

CHOCTAW DEFENSE SERVICES, INC.

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TABLE OF CONTENTS

Page

ARTICLE 1 ADMINISTRATION OF AGREEMENT

1.01 Agreement

1.02 Purpose

1.03 Recognition of Bargaining Unit

1.04 Union Shop

1.05 Management Rights

1.06 Work Covered

1.07 Working Assignments

1.08 Determination of Work Shifts

1.09 Recognition of Union Shop Stewards

1.10 Duties of Union Stewards and Representatives

1.11 Access to Company Property and Records

1.12 Introduction of New Employees

1.13 Hiring Hall and Procedure

1.14 Dues Checkoff

1.15 Vacancies ………… ............ ……………………………………………………………5

1.16 Temporary Vacancies………………………………………………… .............………7

1.17 Provisions against Discrimination

1.18 Complaints

1.19 Definition and Presentation of Grievances

1.20 Time for Presentation of Grievances

1.21 Arbitration

1.22 Discipline and Discharge

ARTICLE 2 SENIORITY

2.01 Seniority Policy

2.02 How Seniority is Acquired

2.03 Continuous Service Credit

2.04 Continuity of Service

2.05 Seniority of Union Representatives

2.06 Seniority for Employees on Leave

2.07 Probationary Employees

2.08 Seniority Lists

2.09 Layoffs

2.10 Recall

2.11 Seniority for Other Purposes

ARTICLE 3 GENERAL WAGE AND LEAVE PROVISIONS

3.01 Wage Rates

3.02 Wage Administration

3.03 Premiums

3.04 Overtime

3.05 Pyramiding of Overtime

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TABLE OF CONTENTS (CONT.)

3.06 Call-In Procedure

3.07 Call-In Pay

3.08 Response Premium

3.09 Severance Pay

3.10 Holidays and Holiday Pay

3.11 Payment for Time Spent Handling Grievances

3.12 Vacation Policy

3.13 Vacation Eligibility

3.14 Advance Vacation

3.15 Personal Leave

3.16 Absence for Death in Immediate Family

3.17 Absence and Payment for Jury Duty

3.18 Absence and Payment for Military Service and Non-War Military Duty

3.19 Leave of Absence for Union Activity

3.20 Application for Leaves of Absence

3.21 Other Approved Absence

3.22 Family Medical Leave

3.23 Prolonged Medical Leave

3.24 Donation of Leave

ARTICLE 4 GENERAL PROVISIONS

4.01 Tools and Equipment

4.02 Safety Meetings

4.03 Union Bulletin Boards

4.04 Notices

4.05 Health and Welfare Plan

4.06 Retirement Contributions

4.07 Alaska Teamster-Employer Service Training Trust ………………………………..24

4.08 Security Clearance

4.09 Outside Contracting

4.10 Effect of Law

4.11 Successors and Assigns

4.12 Mutual Agreements

4.13 Waiver

4.14 No Strikes or Lockouts

4.15 Definitions

4.16 Call-In Procedure

4.17 Per Diem and Travel Pay

4.18 Davis-Bacon

4.19 Term and Notice of Change or Termination

4.20

APPENDIX A - REQUEST FOR REMOVAL OF DISCIPLINARY LETTER

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TABLE OF CONTENTS (CONT.)

SCHEDULE A

LETTER OF AGREEMENT #1

LETTER OF AGREEMENT #2

LETTER OF UNDERSTANDING #3

LETTER OF AGREEMENT #4

LETTER OF AGREEMENT #5

LETTER OF AGREEMENT #6

JOB CLASSIFICATIONS AND JOB DESCRIPTIONS

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ARTICLE 1

ADMINISTRATION OF AGREEMENT

1.01 Agreement. This Agreement is made this day of

by and between Choctaw Defense Services Inc. (hereinafter called the Company) and the International Brotherhood of Teamsters, Local 959, (hereinafter called the Union).

1.02 Purpose. The Union, representing employees of the Company, and the Company desire to establish and maintain, through harmonious cooperation, a standard of conditions and procedures to provide for orderly collective bargaining relations; prompt and equitable disposition of grievances; and fair wages, hours, and working conditions for the employees covered by this Agreement. To further these purposes, representatives of the Company or the Union may request a conference at any time to discuss any general condition that may exist at the U.S. Coast Guard Base, Kodiak, Alaska (USCG).

1.03 Recognition of Bargaining Unit. The Company recognizes the Union as the sole and exclusive bargaining representative as certified by the National Labor Relations Board; for the purpose of collective bargaining with respect to rates of pay, wages, benefits, working conditions, safety, hours of work, and other conditions of employment for all employees in occupational classifications set forth in Schedule A of this Agreement, at the U.S. Coast Guard Base, Kodiak, Alaska; but EXCLUDING all professional employees, confidential employees, supervisors, and guards as defined in the Act.

1.04 Union Shop. It shall be a condition of employment that all bargaining unit employees become and remain members in good standing with the Union, or pay an agency fee to the Union. Becoming a member in good standing requires a bargaining unit employee to pay to the Union an initiation fee, regular monthly dues, and supplemental dues. The agency fee shall not exceed the amounts required for initiation, regular monthly dues, and supplemental Union dues. This requirement to become a member in good standing, or to pay and to remain current on the agency fees, shall become effective on the thirty-first (31st) day following the bargaining unit employee’s first (1st) day of employment, or the thirty-first (31st) day following the execution of this Agreement, whichever occurs later.

To the extent legally permissible, the Employer shall, fourteen (14) calendar days after receiving written notice from the Union, terminate the employment of any bargaining unit employee(s) not in good standing. A bargaining unit employee may become a member in good standing, or become current on agency fees, thus avoiding termination from employment, up to the day of termination. The Union shall indemnify, defend, and hold harmless the Employer from any liability arising out of this Union security clause.

1.05 Management Rights. Except as expressly modified or restricted by a specific provision of this Agreement, all statutory and inherent managerial rights, prerogatives, and functions are retained and vested exclusively in the Company, including, but not limited to, the rights, in accordance with its sole and exclusive judgment and discretion;

to discipline employees; to determine the number of employees to be employed; to hire employees, determine their qualifications, and assign and direct their work; to promote, demote, transfer, layoff and recall to work; to set the standards of productivity, the

11 th February, 2022

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1.06 Work Covered. The work covered by this Agreement is work within the scope of the Company's contract with, and as directed by, the USCG with respect to the U.S. Coast Guard Base, Kodiak, Alaska, and will consist of the construction, operation, maintenance, installation and repair of buildings, structures, road, grounds, utilities, POL Operations, COMs/CORs/MRI-related work and Level III work, and related support functions. Such work will be performed by employees covered by this Agreement who are employed and assigned to the U.S. Coast Guard Base, Kodiak, Alaska, and other federal facilities as directed, unless expressly authorized by other provisions of this Agreement.

1.07 Working Assignments. Employees outside of the bargaining unit will not perform the regular and exclusive work of the bargaining unit, except when a bargaining unit employee cannot be timely located, and immediate action is required. Immediate action for this section means response within contractual time limits. This clause will not be used for the purpose of avoiding overtime payment.

The company and the Union agree to work together to develop job descriptions for all job classifications. These descriptions will include the minimum qualifications required, as well as the preferred qualifications. The parties further agree to meet and work together if any of these job descriptions requires updating.

Each employee will be assigned to a specific classification on the first (1st) day of employment at the U.S. Coast Guard Base, Kodiak, Alaska. In addition, employees will be provided a copy of the job description by the Company, upon request.

When any change or reconfiguration of Company equipment occurs, the Company will

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The Company will train present employees as necessary in the operation of any new equipment. When qualified to train regarding the new equipment, the Teamsters Local 959 Training Trust will assist. The Company will also provide training to maintain or achieve required certification in affected classifications. The cost for acquiring and maintaining additional certifications, other than those required for a classification change or at the time of hire, will be defrayed by the Company. If such training is available through the Teamsters Local 959 Training Trust, current employees will be considered before non-participating Labor Agreement Union members. All applicants for employment will be required to possess the necessary certifications and licenses required for the occupation they are applying for, unless such certification or licenses are obtainable only through employment at the U.S. Coast Guard Base, Kodiak, Alaska. The Company will normally make any reimbursements required under this paragraph within thirty (30) days after the employee submits proper documentation.

The Company supervisors will be permitted to perform any work necessary for the operation of Company business. It is likewise understood that the above provision is not intended to justify supervisory displacement of unit employees from the performance of their ordinary work under normal circumstances, but is similarly not intended to restrict supervisors from performing the duties and functions of their jobs as presently constituted.

It is recognized that the renewal of licenses and certifications are the responsibility of the employee(s). Failure to maintain those certifications or licenses required by the U.S Coast Guard, BOSS Contract, Kodiak, AK will result in a reduction in pay to General Maintenance Worker or the highest paid semi-skilled rate during the forty-five (45) day State of Alaska grace period. Failure to recertify may result in discipline outlined in Article 1.22, Discipline and Discharge. The renewal of licenses and certifications shall be paid for or reimbursed by the Company the following payroll cycle.

1.08 Determination of Work Shifts. The determination of the starting and ending time of daily and weekly work shifts for individual employees, including extended workweeks on a continuing basis, will be made by the Company. Such schedules for regular shifts may be changed by the Company from time to time. However, the Company will notify the employee of any contemplated "permanent, regular shift change" in writing at least seven (7) days prior to the same. If the employee is not given at least seven (7) days’ notice of permanent, regular shift change, the employee will be paid at the rate of time and one-half (1-1/2) for all hours worked on the first (1st) day of the new shift. Nothing herein precludes temporary changes of work shifts in order to comply with contractual requirements.

a. The Company will advise the employees of the temporary duty assignment.

In no event will the temporary assignment extend beyond sixty (60) days in duration without conferring with the Union. The Company will provide the employee a twenty-four

(24) hours’ notice prior to implementing a temporary shift assignment, emergencies excepted.

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1.09 Recognition of Union Shop Stewards. The number of shop stewards to be recognized by the Company will be determined by mutual agreement of the parties.

However, at no time will the total number of shop stewards exceed four (4). The shop stewards will be employees of the Company and will be selected by the Union. The Union will consult with the Company prior to appointing a shop steward for the purpose of discussing operation issues. Shop stewards shall be universally recognized by the Company.

1.10 Duties of Shop Stewards and Representatives. The duties and activities of the shop steward (except when otherwise specifically agreed between the parties), while acting as such in the jurisdiction which the shop steward represents, will be limited to the handling of grievances and complaints that arise in the jurisdiction which the shop steward represents and in accordance with the grievance procedure. Except when they are engaged in the settlement of grievances and complaints under the grievance procedure, all Union representatives will continue at their regular work in the same manner as other workers. When a Union representative is required to leave regular duties as a worker for the orderly and expeditious handling of a grievance or complaint, the Union representative will give prior notification to the appropriate supervisor. If necessary, a Union representative will remain working until a reasonable time is afforded to provide a substitute in the Union representative's place [four (4) hours maximum]. Time spent handling grievances or complaints will be appropriately annotated on the employee=s weekly time report.

1.11 Access to Company Property and Records. The business representative of the Union may visit the worksite at any time during the Company's Program Manager or designees regularly scheduled workday. The Union understands and agrees that when it is necessary for the business representative to visit the worksite to confer with Union members, when working, on matters concerning the relationships existing between the Company and the Union as defined in this Agreement the request for each visit will be coordinated in advance with the Company’s Program Manager or such designated representative. Such visits will not interfere with normal Company operations.

The Union will provide the Company an initial seniority list of current employees, classification, date of hire, continuous service credit date, and date of assignment to their current classification within sixty (60) days of this signed Agreement. The Company will provide to the Union, a quarterly update to this list thereafter.

The Company will make available to the business representative, or such authorized representative, such employee records and copies which may be necessary in the proper investigation of a grievance or complaint as may be reasonable and lawful to provide. If a question arises as to whether an employee document is confidential, the employee's written approval will be obtained before the document is provided.

It is recognized that the USCG controls access to the worksite.

1.12 Introduction of New Employees. The Company will notify a shop steward of any new employees no less than one (1) day prior to the date of the employee’s orientation, but in no event later than three (3) working days after the employee reports to the

01/01/22 – 12/31/24 - 5 - 010122_12/31/24 Choctaw Defense Services CBA supervisor for assignment. The shop steward will be afforded a brief orientation with new employee(s) concurrent with New Employee Orientation.

1.13 Hiring Hall and Procedure. The Company agrees to notify the Union of requirements for all applicants for employment in the positions covered by this Agreement. The Company will simultaneously notify the Union shop stewards, the Union hiring hall and the Company Human Resources departments of all new or existent vacant positions to be filled, a minimum of forty-eight (48) hours (excluding Saturday, Sunday, and holidays) prior to filling the vacant positions. The Company will exercise its management right to select those individuals who, in the sole opinion of the Company, are the most capable and qualified to fill all existing vacancies. This determination will be based, in part, on the applicant receiving a favorable background check and a negative drug screen.

The Union may refer applicants for interviews and evaluations. Such referral by the Union will be on a non-discriminatory basis and will not be based on, nor in any way affected by, Union membership, bylaws, rules, regulations, constitutional provisions, or any other aspects or obligations of Union membership policy or requirements. The Union agrees that it will not discriminate against non-Union workers in referring applicants to the Company, and the Company agrees that it will not discriminate against Union members in selecting applicants referred by the Union.

If the Union has not referred qualified applicants for positions for employment within forty-eight (48) hours (excluding of Saturdays, Sundays, and holidays) after notification of any opening, the Company will utilize such other methods of employment as are at its disposal. The Union will maintain a list of applicants for those positions to fill openings as they occur. The Company shall, within three (3) working days (weekends and holidays excepted), notify the Union in writing of any employees so hired.

After having been offered a position and prior to employment, the Company will ensure that all new hires will register at the hiring hall.

1.14 Dues Checkoff.

The Company, upon receipt of a written authorization signed by the employee [which authorization will be irrevocable for a period of more than one (1) year, or beyond the termination date of this Agreement, whichever occurs first], will deduct from the employee's wages on each Company payday, the current Union dues, and will remit them to the duly authorized representative of the Union, together with a list of the names of the employees from whose pay deductions were made. The Union agrees to hold the Company free from all liability in connection with dues collections, except for the ordinary diligence and care in the transmittal of the monies to the Union. It shall be the Union’s responsibility to inform the Company of any changes to the Union’s dues and will supply written documentation (assignment forms) to the Company. The Company will include the dues deduction form in the new employee hire packet.

1.15 Vacancies. Before new employees are hired to fill new or existent vacant positions, the Company will promote from within, consistent with Article 2.10, Recall and

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Article 1.05 Management Rights.

The Company will maintain a list of personnel currently employed at the U.S. Coast Guard Base, Kodiak, Alaska who possess a journeyman certifications/license. If no current employee or employees in a layoff status have the required journeyman license for the journeyman positions to be filled, then the Company will move immediately to the Hiring Procedure. If there are current employees or employees in layoff status that have the required journeyman certifications/license, then the positions will be posted as described below.

For all other level positions, the Company will simultaneously notify the Shop stewards, the Union hiring hall, and the Company Human Resources department of all new or existent vacant positions to be filled, a minimum of forty-eight (48) hours (excluding Saturday, Sunday, and holidays) prior to filling the vacant positions. The Company notice of this vacancy or new position will be posted on the Union bulletin board by the stewards.

Any employee desiring to apply for the new or vacant position will do so by notification in writing through the Department Manager who will forward to the Program Manager’s office. Should a vacancy be filled and then vacated, or a similar position becomes vacant within a two (2) week period, the Company may waive the two (2) day posting period, provided they: 1) select an employee from the original bidders, and 2) refer to Article 1, Section 1.13, Hiring Hall, and Procedure. All vacancies will be filled on the basis of ability, experience, minimum qualifications, training, work record, and ability to perform job functions. Where those factors are substantially equal for qualified bidders, seniority will be given priority consideration. All transfers or promotions will become effective the day the transferred or promoted employee starts work in the new position. Nothing herein will abridge an employee's right to accept a promotion.

a. If an employee transfers or is promoted into another classification, and the Company and/or employee determine, within ninety (90) days, that the individual does not have the qualifications or desire to perform in the transferred or promoted position, the employee may displace an employee with the least bargaining unit seniority in the previous classification or lower-rated position; provided, the employee has more bargaining unit seniority than the displaced employee and has worked regularly in the position satisfactorily and can resume those duties. Employees may resume their previous position without regard for seniority. All displaced employees will have the rights defined above. This procedure will not circumvent disciplinary action.

b. If a bargaining unit employee is promoted into a non-bargaining unit position, and the Company and/or employee determine, within ninety (90) days after promotion that the individual does not have the qualifications or desire to perform in the promoted position, the employee may displace an employee with the least bargaining unit seniority in the previous classification or lower-rated position; provided, the employee has more bargaining unit seniority than the displaced employee and has worked regularly in the position satisfactorily and can resume those duties. Employees may resume their previous position without regard for seniority. All displaced employees will have the rights defined above. This procedure will not circumvent disciplinary action.

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1.16 Temporary Vacancies.

a. The Company, at its option, may leave any position vacant for any length of time. A permanent vacancy may be temporarily filled by the Company without regard to seniority or classification pending the outcome of the recall and internal bidding procedures. Such assignment, of a permanent employee to a temporary vacancy, will be of no more than a two (2) week duration, unless mutually agreed to by the Union and the Company.

b. A temporary vacancy, due to a special project, vacation, illness, family medical leave, etc., which must be filled due to contract workload, will be posted in accordance with Section 1.15, Vacancies. In the event of no internal bidders, the vacancy will be filled through the hiring procedure.

1.17 Provisions Against Discrimination. The Company and the Union agree that there will be no discrimination by the Company or the Union against employees because of race, color, creed, religion, national origin, sex, gender identity, sexual orientation, age, union affiliation, protected veterans, or marital status, or because of disability or handicap.

It is understood wherever in this Agreement employees or jobs are referred to in the male gender, it will be recognized as referring to both male and female employees.

1.18 Complaints. Any employee may, either directly or through the shop steward, verbally present a complaint to the supervisor. Routine matters should initially be held between the Company and the employee. The employee may, at their option, seek the assistance of the Union, and the shop steward will be given the opportunity to be present at such meetings. Adjustments will not be inconsistent with the terms of this Agreement Time spent by shop stewards must be documented on their time card. Employees who bring issues/complaints forward will not be retaliated against by the Company.

1.19 Definition and Presentation of Grievances. Grievance will mean, and be limited to, disputes or differences between the Company and the Union or employees so represented, with respect to the interpretation or application of any specific provision of this Agreement. All grievances will be reduced to writing and processed in accordance with the following steps:

Step 1. The supervisor or the Company’s designated representative will meet with the employee grievant and the Union representative within eight (8) calendar days from the date the Union files the grievance. If the grievance is not resolved during the Step 1 meeting, the supervisor will make a reply in writing not later than eight

(8) calendar days after the Step 1 meeting. If this reply is unsatisfactory, the grievance may be appealed to Step 2; provided, however, such appeal is made in writing within eight (8) calendar days following Receipt of the Company’s Step 1 reply. In the event the grievance involves an employee, the employee's immediate supervisor, the employee, and the shop steward will be present at the Step 1 meeting.

Step 2. Within (8) calendar days, following the Unions timely written appeal to Step 2, a meeting will be held between the Project Manager of the Company, or the

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Company’s designated representative, and the Union's designated representative.

The Company will make a reply in writing not later than eight (8) calendar days after conclusion of the Step 2 meeting with the Union's representative. If this reply is unsatisfactory, the grievance may be appealed to the President of the Company;

provided, however, such appeal must be made in writing within eight (8) calendar days, following receipt of the Step 2 reply.

Step 3. Within eight (8) calendar days following the Union’s timely appeal to Step 3, a meeting will be held between the President of the Company, or the Company’s designated representative, and the Union's designated representative. The Company will make a reply in writing not later than eight (8) calendar days after conclusion of the Step 3 meeting with the Union's representative. If this reply is unsatisfactory, the grievance may be appealed to arbitration; provided, however such appeal must be made in writing to the Company within eight (8) calendar days, following receipt of the Step 3 reply.

If either the Company or Union fail to reply to any grievance step in a timely manner, the position of the party that is not untimely will be upheld. This action will not set a precedent for future grievances; only the grievance involved. The time limits set forth above may be extended by mutual agreement of the Company and the Union.

The response requirement regarding mail replies will commence the first workday following the date of receipt of the certified mail. All other response requirements will commence the first (1st) workday following E-mail communication, verbal communication (including telephone communication) between the required parties.

1.20 Time for Presentation of Grievances. All grievances will be presented as soon as practicable after the occurrence upon which the same is based, but in no event later than thirty (30) calendar days from the date the grievance becomes known or should have been known. The failure to submit a grievance within such period will constitute a bar to further action thereon. If it is determined under the grievance procedure that an adjustment in wages is appropriate, such adjustment will be applied retroactively to the date of occurrence.

1.21 Arbitration. Any grievance not satisfactorily disposed of in accordance with the steps of the grievance procedure outlined above may be submitted to arbitration by either party under the rules to which the Company and the Union have agreed, except the arbitrator will be selected as follows:

The Program Manager, or the designated representative, and the business representative of Teamsters Local 959 will obtain a list of seven (7) arbitrators from the American Arbitration Association (AAA). The Company and the Union will alternately strike names from the list until one -(1) arbitrator remains. A flip of a coin will determine the first party to strike a name. The same arbitrator will not be used for more than one (1) arbitration, unless mutually agreed between the parties. The parties agree that the procedure for selection of an arbitrator will not affect in any way the other terms and conditions of this

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Agreement, which will continue in full force and effect for the term herein provided.

The parties agree that the decision or award of the arbitrator will be final and binding on each of the parties and that they will abide thereby, subject to such laws, rules, and regulations as may be applicable. The authority of the arbitrator will be limited to determining questions directly involving the interpretation or application of specific provisions of this Agreement, and no other matter will be subject to arbitration hereunder.

The arbitrator will have no authority to add to, subtract from, or to change any of the terms of this Agreement, to change an existing wage rate or to establish a new wage rate. In no event will the same question or issue be the subject of arbitration more than once. Each party will bear the expense of preparing its own case. The cost of the arbitrator's services and any other expenses incidental to the arbitration, mutually agreed to in advance, will be borne equally by the parties.

1.22 Discipline and Discharge. It is understood herein that the Company has the right to discipline or discharge an employee. Such action should be taken within thirty (30) calendar days after the Company learns that either an action or course of action has occurred which has established just and sufficient cause. In general, most infractions require progressive discipline. Progressive discipline includes the following steps:

▪ Step 1 - Oral warning (documented);

▪ Step 2 - Written warning;

▪ Step 3 - Suspension;

▪ Step 4 - Discharge.

The parties recognize that some infractions are so serious as to warrant immediate discharge or, to skip one or more progressive disciplinary steps.

The Company has the right to make and enforce reasonable rules while the Union has the unrestricted right to grieve the application and reasonableness of such rules. The Company will notify the Union of a proposed disciplinary and/or discharge action before the issuance of the proposed disciplinary and/or discharge action to allow the opportunity for a Union representative to represent the member during the investigation. The reasons for such disciplinary and/or discharge action shall be stated, in writing or by E-mail notification, by the Company to the employee and to the Union representative at the time of such action.

If an employee feels that the discharge or suspension was unjust, the employee or Union may file a grievance at Step 3 of the procedure within eight (8) calendar days following the employee's receipt of discharge or suspension notice. Failure to file within five (5) working days bars any further grievance action.

The provisions of this Article do not apply to an employee still in the probationary period.

The Company will consider reprimands or disciplinary action against an employee as cleared from the employee's record after a twelve (12) month period from the date of

01/01/22 – 12/31/24 - 10 - 010122_12/31/24 Choctaw Defense Services CBA issuance; provided, there have been no further infractions during that period. The employees record may be cleared earlier, when, in the judgment of the Company, the employee's service record warrants such action; provided, such an employee makes a written request through the employee's immediate supervisor.

ARTICLE 2

SENIORITY

2.01 Seniority Policy. The Company and the Union accept the principle of employee seniority commencing with the first (1st) date of the employee's unbroken, continuous service at the U.S. Coast Guard Base, Kodiak, Alaska. The first contractual date of employment was June 1, 1988. The principles are based upon the job classifications as set forth in this Agreement.

2.02 How Seniority is Acquired. Each employee will have Company seniority as established in Section 2.01, Seniority Policy. Each employee will have seniority in the classification to which the employee is assigned. The starting date for the employee's seniority will be the first (1st) day of work at the U.S. Coast Guard Base, Kodiak, Alaska, within that classification. Seniority in a new classification will commence when assigned to the new classification.

When two (2) or more employees otherwise would have identical seniority, rank will be determined by the last four (4) digits of their social security number, the lower number being the most senior.

2.03 Continuous Service Credit. The principle of continuity of service is recognized for the purpose of seniority in accordance with and subject to the provisions of this Agreement. For purposes of the Agreement each employee will have continuous service credit from the first date of the employee's unbroken service at the U.S. Coast Guard Base, Kodiak, Alaska.

2.04 Continuity of Service. The continuous service credit and seniority of an employee will be broken under the following conditions, and when so broken, the employee will be for all purposes considered a new employee if and when rehired:

a. Resignation or voluntary termination of employment.

b. Discharge for cause.

c. Unauthorized absence after the time limit of an authorized vacation or an approved absence, unless satisfactory evidence of inability to report for work is shown.

d. Layoff without recall to work within one (1) year from the date of such layoff or within two (2) years from the date of such layoff resulting from the declaration of a global pandemic or a state of emergency by the President of the United States or the Governor of the State of Alaska.

e. Failure to report to work in accordance with 2.10, Recall.

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f. Failure to report to work on or before the first (1st) workday of termination of an approved leave of absence.

g. Illness or injury leave for more than one (1) year and two (2) years in the case of an on the job injury giving rise to covered workers’ compensation claim.

h. Permanent transfer to non-bargaining unit work for more than ninety (90) days.

2.05 Seniority of Union Representatives. As long as there is work available which they are capable of performing, the Union stewards will hold seniority over all employees in their respective job classification. This Section will apply only in case of layoff.

2.06 Seniority for Employees on Leave. Unless specifically covered elsewhere in this Agreement, employees on leave of absence will continue to accrue seniority for a maximum of twelve (12) months following the employee's departure.

2.07 Probationary Employees. Employees will be considered on probation and not entitled to seniority until they have completed ninety (90) calendar days at the U.S. Coast Guard Base, Kodiak, Alaska, for the Company. Upon completion of said period of employment, the employee will be considered a regular employee; and the employee's seniority will date from the start of the probationary period. Employees will not be subject to an additional probationary period with a successor company or subcontractor companies. There will be no requirement that the Company reinstate or rehire probationary employees if they are discharged during the probationary period. Such discharges will not be subject to the grievance process.

a. The ninety (90) day probationary period may be extended by mutual agreement between the Company and the Union. Such extensions will be on a case-by-case basis.

2.08 Seniority Lists. On a quarterly basis, the Company will supply the Union and each Shop Lead with a seniority list of employees covered by this Agreement. Any employee may contest the accuracy of their seniority status, in writing; and if an error is established, correction will be made. After thirty (30) days from when supplied by the Company and posted on the Union bulletin boards, the seniority status of all employees shown on the list as corrected, will be incontestable. The Union will be notified of additions or deletions to the seniority list between postings.

2.09 Layoffs. The following procedure will be followed in layoffs:

a. The employee having the least classification seniority will be the first (1st) laid off. Such employee may then displace an employee with the least bargaining unit seniority in any equal or lower-rated position; provided, the employee has more bargaining unit seniority than the displaced employee and has worked permanently in the position satisfactorily on the U.S. Coast Guard Base, BOSS Contract, Kodiak, AK and can resume those duties. The employee may resume their previous position without

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b. These employees must notify the Company in writing of their intention to exercise bumping rights within two (2) working days of the Company's layoff notice. An employee so displaced may similarly exercise seniority rights of displacing another employee in accordance with the same criteria.

c. If the employee is unable to displace any employee as provided above, the employee will be removed from the payroll and placed on layoff. In all cases of layoff, the Company will give no less than a one (1) week notice of the contemplated layoff to the employee affected, or at the Company's option, the employee may be paid up to one (1) week of pay in lieu of notice.

d. If the displaced employee is unavailable due to vacation, extended leave, etc., at the time the employee is displaced, the employee will, on their return, have up to forty-eight (48) hours on an unpaid temporary layoff basis to elect to exercise bumping rights or accept the layoff.

2.10 Recall.

a. The recall procedure will be the reverse of layoff; i.e., the last employee laid off within that classification will be the first (1st) rehired within a classification.

b. When there is an eligible employee on recall within the employee's classification, the vacant position will not be posted internally, and the Company will go directly to the recall procedure.

c. An employee who has bumped back into another classification after being laid off Section 2.09, Layoff, is an eligible employee for recall in the classification from which they were laid off.

d. Laid off employees will be considered eligible applicants if qualified for any posted position.

e. After the recall procedure, the Employer will follow posting procedures as defined in Section 1.15, Vacancies.

f. The laid off employee will have up to five (5) working days after receiving notice, either by telephone or certified mail, to return to work, but must respond to the notice within twenty-four (24) hours telling the Company of their acceptance or rejection of the recall offer. The Company must notify the Union Shop Stewards within five (5) working days when an employee is recalled. It will be the obligation of the employee to keep the Company’s Human Resource Department informed in writing of any change of address or telephone number where they can be regularly contacted. Should the employee not fulfill this obligation and the employee misses a recall for this reason, the employees recall rights will be extinguished. An employee will have the right to refuse recall without loss of recall rights if the recall is for five (5) days or less.

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2.11 Seniority for Other Purposes. For other purposes, when there is a matter of employee choice (e.g., holiday; vacation choice; upgrade; or overtime work within an employee’s current classification, if qualified to perform such work, and prudent business practice withstanding), the senior person may have first (1st) option.

ARTICLE 3

GENERAL WAGE AND LEAVE PROVISIONS

3.01 Wage Rates. The basic hourly wage rates for employee occupations covered by this Agreement will be as set forth in Schedule A.

3.02 Wage Administration.

a. An employee who is promoted to a higher paying position will be paid the higher rate of pay from the first (1st) day of assignment to the new position. An employee who is temporarily filling a higher paying position will be paid the higher rate of pay for all time worked.

b. Lead personnel will be paid a minimum of thirteen percent (13%) more than the highest hourly wage of the workers under them. When a lead person is temporarily absent, the decision to have or not have a replacement rests with management, after having conferred with the incumbent lead.

c. The Company shall establish weekly paydays on Fridays. Should Friday also be a holiday, direct deposit will be available, or paychecks will be mailed out on Thursday. Direct Deposit will be available at the earliest opportunity, but no later than the end of the regular shift. The Company will furnish each employee with an itemized statement of earnings and deductions, including straight time hours, overtime hours, premiums, 401K contribution, Davis Bacon fringe benefits and pension contribution. In the event there are different itemized items, the employee may request an itemized list for each classification worked in during the pay period. This information will be provided within three (3) workdays after the request.

d. The Company will, on a monthly basis, provide the amount of accrued vacation and personal leave available

3.03 Premiums.

a. Shift Premiums. Employees who are scheduled to work an established afternoon or night shift will be paid a shift premium of one dollar twenty cents ($1.20) per hour for the afternoon shift, and one dollar seventy cents ($1.70) per hour for the night shift. For the purpose of this paragraph the afternoon shift will be considered as any regularly scheduled shift which has its primary hours (at least five [5]) between the hours of 4:00 p.m. and 12:00 a.m., and the night shift will be considered as any regularly scheduled shift which has its primary hours (at least five [5]) between the hours of 12:00 a.m. and 8:00 a.m.

b. Hazardous. Employees scheduled to perform work in the following areas

01/01/22 – 12/31/24 - 14 - 010122_12/31/24 Choctaw Defense Services CBA will receive a two dollars and sixty cents ($2.60) per hour premium, such as, but not limited to, asbestos removal, an authorized entrant(s) into any confined space requiring a permitted/metered certification, refueling operations on the current existing fuel pier and height work over thirty feet (30'). The Company will retain a minimum of two (2) workers qualified for asbestos abatement and AHERA Inspection.

c. Declared Emergency. Employees who work during a natural disaster or a state of emergency as declared by the President of the United States and/or the Governor of the State of Alaska that disrupts the normal work routine and perform specific work tasks resulting from the declared disaster or emergency will receive Two dollars and sixty cents ($2.60) per hour premium for all hours worked.

3.04 Overtime. Hours worked in excess of eight (8) straight time hours in any one day, or hours worked in excess of forty (40) straight time hours in any one week, will be considered overtime and will be paid at the rate of time and one-half (1-1/2). Paid off leave “rolled” over from the prior contractor and “banked” to the employee, and subsequently taken as unpaid leave, shall be treated as hours worked for overtime compensation purposes. An employee’s paid holiday, paid vacation leave, and paid personal leave will be treated as hours worked for overtime compensation purposes. The Company may not cancel a shift for the sole purpose of avoiding overtime payments. Should an employee take a leave without pay day due to work-related circumstances, and such day is approved by the appropriate supervisor/manager, such leave without pay day will be used for purposes of satisfying the forty (40) hour computation for overtime.

3.05 Pyramiding of Overtime. No employee will receive more than one overtime rate for the same hours worked; and, if more than one overtime rate is applicable to the same hours worked, the higher rate only will be paid.

3.06 Call-In Procedure. The Company will, through the Central Heating Plant (CHP) and/or Trouble desk, call in employees to provide the necessary coverage of available work. These call-ins will be conducted in a manner to comply with the time limits and work requirements imposed by the Company's contract with the U.S. Coast Guard.

3.07 Call-In Pay.

a. An employee called in for work not on the employee's regular shift will be guaranteed a minimum of two (2) hours at the applicable rate.

1. Employees receiving two (2) or more call-ins will start receiving compensation immediately and end thirty (30) minutes after checkout for employees residing within twenty (20) miles of the Support Center and sixty (60) minutes after checkout for employees residing beyond twenty (20) miles.

Guaranteed response compensation will be two (2) hours for any twenty-four (24) hour period, 7:45 a.m. to 7:44 a.m. daily.

b. An employee reporting for work on the employee's regular shift will be guaranteed a minimum of four (4) hours at the applicable rate, unless notified not to report at least four (4) hours before shift start time.

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c. An employee who works more than four (4) hours of the regular shift will be guaranteed the base rate pay for the regularly scheduled number of hours in the employee's established shift, or eight (8) hours, whichever is the lesser.

d. Subsections (b) and (c) of this Section will not apply where a strike, earthquake, fire, flood, act of God, explosion, or bombing causes damage which makes it impossible for the employee to resume work, in which case, the employee will be paid for the hours actually worked at the applicable rate.

3.08 Response Premium. The Company will designate response standby positions, and have a rotating system for response standby in effect. Employees being considered for these posted positions, having equal qualifications, will be selected on a bargaining unit seniority basis.

a. Effective January 1, 2022, those employees filling designated response standby positions will receive two dollars ($2.00) per hour for all compensable hours.

b. Effective January 1, 2022, those employees on the Snow Removal Standby team will receive two dollars ($2.00) an hour response premium from the dates beginning November 10 and extending through April 10. This will be on an ongoing basis from season to season.

c. It is the intent of the Company to schedule response call-out teams so that the individual involved would serve on no more than two (2) teams, i.e., oil spill/heat or oil spill/plumbing. The Union and the Company will meet and discuss the range of possibilities available to them; however, it is understood that from time to time, serving on more than two (2) teams may occur.

d. Each Shop that has three (3) or less employees in a standby rotation will receive an additional one dollar twenty cents ($1.20) per hour.

3.09 Severance Pay. Full-time employees who meet the eligibility requirements defined herein, will receive severance pay in accordance with the schedule set forth below in the event the employee is laid off for lack of work for a period in excess of thirty (30) calendar days. The focal date for severance pay eligibility will be the employee’s date of hire of each calendar year. No employee will receive severance pay when the layoff is due to causes beyond the control of the Company, such as, but not limited to, the following examples: fire, flood, explosion, bombing, earthquake, or picketing.

Length of Continuous Service Severance Pay Service Credit Allowance

5 years, but less than 10 years 60 hours= pay

10 years, but less than 15 years 120 hours= pay

15 years and greater 160 hours= pay

Payment will be made on the basis of the employee's base straight time hourly rate at the

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