Attachment_J-06_WD_CBA-2019-12313_with_MOA.pdf

AGREEMENT

BETWEEN

L-3 COMMUNICATIONS, VERTEX AEROSPACE LLC

AND

DISTRICT LODGE 725 AND

AERONAUTICAL INDUSTRIAL LOCAL LODGE 727P

OF

THE INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE

WORKERS, AFL-CIO

AT

NASA ARMSTRONG FLIGHT RESEARCH CENTER SUPPORT AIRCRAFT

EDWARDS AIR FORCE BASE, CA

AND

ARMSTRONG AIRCRAFT OPERATIONS AND NASA FACILITY

PALMDALE, CA

EFFECTIVE

APRIL 8, 2017

i

Table of CONTENTS

PREAMBLE

ARTICLE 1

GENERAL CONDITIONS OF CONTRACT

SECTION 1 -RECOGNITION AND EXCLUSIVE REPRESENTATION

SECTION 2 – PERIOD OF AGREEMENT

SECTION 3 – PERFORMANCE REQUIRED

SECTION 4 – AGREEMENT NOT ASSIGNABLE

SECTION 5 – RIGHT TO MANAGE OPERATIONS

SECTION 6- UNION SECURITY/MEMBERSHIP CHECK OFF

SECTION 7 – UNION RESPONSIBILITY

SECTION 8 – SEPARABILITY

SECTION 9 – STRIKES AND LOCKOUTS

SECTION 10 – SECURITY REGULATIONS

SECTION 11 – NONDISCRIMINATION

SECTION 12 – EMPLOYMENT OF THE PHYSICALLY IMPAIRED

ARTICLE 2

UNION COMPANY RELATIONS

SECTION 1 – UNION REPRESENTATION

SECTION 2 – BUSINESS REPRESENTATIVE AND UNION OFFICIALS

SECTION 3 – BULLETIN BOARDS AND POSTING NOTICES

SECTION 4 – SOLICITATION OF MEMBERSHIPS

SECTION 5 – EXCHANGE OF INFORMATION

SECTION 6 – COOPERATION

ARTICLE 3

GRIEVANCES AND ARBITRATION

SECTION 1 – DEFINITION OF GRIEVANCE

SECTION 2 - GRIEVANCE

SECTION 3 – UNION GRIEVANCES

SECTION 4 – ARBITRATION

ARTICLE 4

SENIORITY

SECTION 1 – BASIS OF SENIORITY AND ESTABLISHMENT OF SENIORITY RIGHTS

SECTION 2- LAYOFFS

SECTION 3 – RECALL

SECTION 4 – PHYSICALLY IMPAIRED EMPLOYEES

SECTION 5 – OCCUPATIONAL INJURY OR ILLNESS

SECTION 6 – EMPLOYEES ENTERING ARMED FORCES, PEACE CORPS, OR VISTA

ii

SECTION 7 – LOSS OF SENIORITY

SECTION 8 – PROMOTION

SECTION 9 – TRANSFERS

ARTICLE 5

EMPLOYMENT CONDITIONS

SECTION 1 – SANITARY, SAFETY AND HEALTH CONDITIONS

SECTION 2 - EDUCATION TUITION ASSISTANCE REIMBURSEMENT PROGRAM

(ETARP)

SECTION 3 – ABSENTEEISM

SECTION 4 – DRUG AND ALCOHOL FREE WORKPLACE

ARTICLE 6

EMPLOYEE PRIVILEGES

SECTION 1 – VACATIONS

SECTION 2 – SICK, INJURY AND PERSONAL LEAVE

SECTION 3 – HOLIDAYS

SECTION 4 – LEAVES WITHOUT PAY

SECTION 5 – SMOKING AND REST PERIODS

SECTION 6 – EMPLOYEE BENEFIT PLANS

SECTION 7 – JURY DUTY

SECTION 8 – BEREAVEMENT LEAVE

ARTICLE 7

PAY PROVISIONS

SECTION 1 – PERIOD INCREASES IN PAY RATES

SECTION 2 – OVERTIME PAY

SECTION 3 – HOURS AND DAYS OF WORK

SECTION 4 – PREMIUM FOR HOURS AND DAYS OF WORK

SECTION 6 – REPORT TIME AND CALL BACK TIME

SECTION 7 – PAY PERIOD

SECTION 8 – FIELD DUTY (TDY)

SECTION 9 – FLIGHT PAY BONUS

SECTION 10 – FLIGHT TRAVEL INSURANCE

ARTICLE 8

PAY RATES

SECTION 1 – JOB DESCRIPTIONS AND BASE RATES OF PAY FOR CLASSIFIED EMPLOYEES

SECTION 2 – PAY FOR LEAD/CREW CHIEF

SECTION 3 – DESIGNATED SYSTEM INSPECTOR PREMIUM

ARTICLE 9

EFFECTIVE DATES OF CERTAIN AGREEMENTS

SECTION 1 – EFFECTIVE DATE OF AGREEMENT

iii

SECTION 2 – ANNUAL WAGE ADJUSTMENT

APPENDIX A

APPENDIX B

MEMORANDUM OF AGREEMENT

PROGRESSIVE DISCIPLINE

APPENDIX C

MEMORANDUM OF AGREEMENT

RETIREMENT PLAN

APPENDIX D

MEMORANDUM OF AGREEMENT

GENERAL LAYOFF

APPENDIX E

MEMORANDUM OF AGREEMENT

AWARD FEE SHARING PLAN

APPENDIX F

MEMORANDUM OF AGREEMENT

JOINT STATEMENT OF POLICY OF APPLICATION OF JOB DESCRIPTION

ALTERNATE WORK WEEK SCHEDULE (AWWS)

APPENDIX H

MEMORANDUM OF AGREEMENT - OVERTIME

PREAMBLE

This Agreement entered into by and between L3 Technologies, Vertex Aerospace (hereinafter called “the Company”) and District Lodge 725, and Aeronautical Industrial Local Lodge 727P

(hereinafter called "the Union"), a nonprofit organization. The term "Company" as used throughout this Agreement refers only to the Company's base or bases covered by this Agreement as defined in Subsection (A) of Article 1, Section I hereof) and the workers represented by the Union. This

Agreement evidences the desire of the parties hereto to promote and maintain harmonious relations between the Company and its employees, as they are defined in Subsection (A) and (B) of Article

1, Section 1 of this Agreement, and the Union, which was certified as the exclusive bargaining representative in Case no. 15 CA-189852. It is understood wherever in this Agreement employees or jobs are referred to in the male or female gender, it shall be recognized as referring to both males and females.

ARTICLE 1

GENERAL CONDITIONS OF CONTRACT

Section 1 -Recognition and Exclusive Representation

(A) Definition of Bargaining Unit and Employees Covered by this Agreement.

For the period of this Agreement the Company recognizes and accepts the Union as the exclusive representative and bargaining agent with respect to rates of pay, wages, hours, and other conditions of employment for a bargaining unit composed of all production and maintenance employees, including program employees transferred into this unit, while such employees are employed by the Company on the NASA Armstrong Flight Research Center

Support Aircraft Contract NND13AC02C at NASA Edwards and NASA Palmdale .

(B) Employees Excluded from Bargaining Unit

Excluded are office and plant clerical employees, professional employees and supervisors as defined by the National Relations Act.

(C) Non-Bargaining Unit Personnel

The Company shall use their best efforts to enforce compliance of the intent of this paragraph.

It is the intent of the Company that non-bargaining unit employees shall not perform work performed by employees in the bargaining unit except in the following types of situations: (1)

In the instruction or training of employees; (2) In an emergency where immediate action is required in order to prevent injury to employees or damage to Company or customer property or equipment; (3) In circumstances where technical or scientific personnel perform duties which relate to or are a part of the procedures they must follow to accomplish their assignments; (4)

In situations not to exceed ninety (90) consecutive days and when no employee is on recall to the position which would normally perform the work involved.

Section 2 – Period of Agreement

This Agreement shall be effective April 8, 2017, and shall remain in full force and effect to and including April 10, 2020, and thereafter from year to year until modified, amended, or terminated, as hereinafter provided. Not more than seventy-five (75) *days nor less than sixty (60) days prior to the expiration date of this agreement, or prior to the expiration of any subsequent yearly period, either party may give to the other party written notice of desire for modifications or amendments.

Such notice shall specify the modifications or amendments desired. The parties agree to commence negotiations within fifteen (15) days after the giving of such notice and it is the intent of the parties to confine negotiations to such modifications or amendments as are specified in such notice. In the event of a failure of the parties to reach agreement upon such modifications or amendments by the anniversary date of this Agreement, either party at any time thereafter may terminate this Agreement by giving written notice to the other specifying the date of termination five (5) days in advance of such date.

* Where not otherwise specified, any references to "days" in this Agreement shall mean calendar days.

The Committee representing the Union for purposes of negotiating any modifications or amendments proposed pursuant to this Article 1, Section 2, shall not normally exceed three (3) in number. Of this number not more than two (2) shall be hourly employees of the company, and the

Company agrees to pay said hourly employees for four (4) hours at their regular base rates of pay on those straight time days that the Company and the Union Committees meet jointly prior to the contract anniversary date. The committee representing the Company for purpose of negotiating any modifications or amendments proposed pursuant to this Article 1, Section 2 shall not normally exceed three (3) in number.

In the event of instructions from the Federal Government to alter or change the working schedule now in effect the company may, upon fifteen (15) days written notice, reopen negotiations with the Union to the end of amending such sections of this Agreement as pertain to hours of work and/or overtime payment for the sole purpose of considering objectives desired by the

Government.

Any notice given under this section shall be deemed to be served when mailed postage prepaid, registered mail, return receipt requested, or delivered in hand, to the Director, Human Resources, for service upon the Company, and when similarly mailed, or delivered in hand, to District Lodge

725, 39047 North 10 th

Street East, Palmdale, California for service upon the Union. The date of receipt shown on the registered mail return receipt or the date of written notice of personal service shall be the controlling date for all purposes under this Agreement.

Section 3 – Performance Required

Either party hereto shall be entitled to require specific performance of the provisions of this

Agreement. Any violations of the provisions of this Agreement on the part of any Company employee in a full-time supervisory capacity shall be considered as a violation of this Agreement on the part of the Company. Any violations of the provisions of this Agreement on the part of the

Committeepersons and/or representatives shall be considered a violation of this Agreement on the part of the Union. Time is of the essence of this Agreement.

The waiver of any condition or breach of this Agreement by either party shall not constitute a precedent for any further waiver of such condition or breach.

ARTICLE 1

Section 4 – Agreement Not Assignable

This Agreement shall be binding upon and insure to the benefit of any successor or assignee of all or substantially all of the Company's business or assets unless prohibited by law or regulation;

however, this Agreement is not otherwise assignable without mutual consent of the parties.

ARTICLE 1

Section 5 – Right to Manage Operations

The company has and will retain the right and power to manage the operations, and direct the working forces; including the right to hire, discipline, suspend or discharge for just cause, as well as the right to revoke or modify any discipline, suspension, or discharge after imposed, and to promote, demote, and transfer its employees, subject to the provisions of this Agreement. Any claim that the Company has exercised such right and power contrary to the provisions of this Agreement may be taken up as a grievance.

ARTICLE 1

Section 6- Union Security/Membership Check Off

All employees covered by this agreement shall as a condition of continued employment, become and remain members of the Union in good standing during the term of this agreement and pay Union dues or pay an agency fee to the Union. All new employees covered by this agreement shall, as a condition of employment, become members of the Union immediately after thirty (30) calendar days of employment pay Union dues or pay an agency fee to the

Union equal to the amount of monthly dues, and remain in good standing during the term of this agreement.

The Union will make membership in the Union available to all employees covered by this agreement on the same terms and conditions as are generally applicable to other members of the Union, and further, demands for termination of employment will not be made for reasons other than failure of an employee to tender the periodic dues and fees uniformly required as a condition of acquiring or retaining membership in the Union. Upon receipt of authorization signed by the employee, the Company shall deduct from the employee’s pay the initiation fee and monthly dues payable by them to the Union, in an amount as directed by the Union for the period specified, so long as they remain in the bargaining unit.

Membership in the Union, when used in this Agreement, is satisfied by the tender either through a check-off authorization or directly to the Union, of uniformly-required initiation or reinstatement fees, agency fee and monthly dues.

Any employee who fails to satisfy the conditions outlined above or fails to continue his or her membership in good standing, as required by this Agreement, shall be given a 15-calendar day notice of his or her failure to comply with the above paragraphs with a copy to the

Company. If the condition is not corrected within the specified period of calendar days, the

Company will terminate such employee within three working days after receipt of written notice from the Union.

The Company will deduct from the employee’s wages and turn over to the Union, the Union membership dues of each employee who individually and voluntarily authorizes the Company in writing to make such deductions. The term “Union membership dues” as used herein shall include Union initiation or reinstatement fees of employees rehired by the Company, with or without seniority, when such employees are reinstated or rejoin the Union. Such deductions shall be made in accordance with the following provisions:

Such deductions shall be made only in accordance with instructions upon authorization cards, which shall be in a form mutually agreed to between the Company and the Union. In order to be effective, such authorization cards shall be delivered by the Union to the Payroll

Department of the Company. Such authorizations may not be revoked for a period of more than one year from their effective date or beyond the termination date of this Agreement, whichever occurs sooner.

Deductions for that portion of the Union membership dues consisting of Union initiation fees or reinstatement fees, as provided above, shall be made from the employee’s paycheck for the first pay period ending in each month in the amount and from the number of such checks as authorized by the employee on the authorization card.

Deductions for dues and initiation/reinstatement fees shall be made from the employee’s normal bi-weekly paychecks in equal amounts that total the dues employee is responsible for each month. In the event a deduction for dues is not made on one or more consecutive regular payroll deduction dates due to lack of earnings or insufficient earnings by the employee, then on the next regular payroll deduction date that the employee has sufficient earnings a catch-up deduction shall be made. All funds so deducted shall be forwarded monthly to the Union as soon as reasonably possible after the end of the Company’s accounting month in which the deductions were made, accompanied by a record stating the employee’s name, social security number and amount deducted

Such payroll deductions shall begin within two weeks subsequent to receipt by the Payroll

Department of the Company of the authorization cards provided for above.

The Company’s obligation to make such deductions shall terminate in the event the employee shall cease to be an employee of this Agreement, or upon receipt by the Company of written revocation by the employee of such authorization card.

Both the Union and the Company shall have the right to notify employees of the provisions of this Section.

If a dispute arises in connection with the application of this Section and a settlement is not reached between the Human Resources Department of the Company and the Union, such dispute shall be referred to arbitration without pursuing intervening steps in the grievance procedure and determined in accordance with the provisions of Article 3, Section 4 of this

Agreement.

Consistent with recognition of the Union as exclusive bargaining agent of employees under this Agreement, the Company on the first day of employment shall give each new employee a copy of this Agreement. In addition, the Business Representative may meet with employee(s) for up to 30 minutes during the on-boarding process at a time and location designated by the

Company. Any misuse shall result in revocation of this privilege.

ARTICLE 1

SECTION 7 – UNION RESPONSIBILITY

The Union agrees with the objective of achieving the highest level of employee performance and efficiency consistent with safety, good health and sustained effort, and will not take, authorize or condone any action that interferes with the attainment of such objective.

ARTICLE 1

SECTION 8 – SEPARABILITY

Should any part hereof or any provision herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or a decree of a court of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof and they shall remain in full force and effect. The Company and the Union shall, within thirty (30) calendar days, negotiate the provision of the Agreement affected by such legislation or court decree. Any modification or changes to this agreement brought about by the above negotiations shall be in writing and signed by the parties hereto.

ARTICLE 1

SECTION 9 – STRIKES AND LOCKOUTS

For the duration of this Agreement the Union agrees that it will not cause or engage in any strike, slowdown, or stoppage of work, and the Company agrees that it will not cause or engage in any lockout.

In the event of a breach by the Union of the provisions of this Section of this Agreement, the

Company may abrogate this entire Agreement.

Any action by a Committeeperson which is not authorized, concurred in, or supported by the Union will not constitute a breach of this Agreement on the part of the Union for purposes of this Section.

ARTICLE 1

SECTION 10 – SECURITY REGULATIONS

The Union recognizes that the Company has certain obligations in its contract with the Government pertaining to security, and agrees that nothing contained in this Agreement is intended to place the

Company in violation of its security agreement with the Government.

Therefore, in the event that the U.S. Military Service or other Government Agency duly concerned with security regulations, advises the Company in writing that any employee in the bargaining unit is restricted from work on or access to classified information and material, the Union will not contest such action as the Company may take pursuant to such advice to comply with its security obligations to the Government.

In the event that such Government Agency following the taking of such action advises the Company in writing that such an employee is no longer restricted from work on or access to classified information and material, the Company shall promptly, after receipt of such written advice from such Government Agency, reinstate with seniority and subject to the provisions of Article 4 such an employee if he promptly applies for such reinstatement to the same job classification and the rate position he held at the time such action was taken, and will join such employee and/or the

Union at such employee request in an application to such Government Agency for restoration by the Government of lost pay.

ARTICLE 1

SECTION 11 – NONDISCRIMINATION

(A) Union membership or legitimate Union activity will not jeopardize an employee’s standing with the Company or opportunity for advancement.

(B) The Company and the Union agree that there will be no discrimination in employment because of race, religion, color, or national origin.

(C) There shall be NO discrimination in employment because of sex of the employee. Compliance with State or other laws shall not be considered discrimination under this Subsection.

(D) The Company and the Union agree that, there shall be no discrimination based upon the age of an employee, recognizing, however, that there are limitations imposed by statute on the employment of minors.

(E) The Company and the Union agree that all references to the masculine gender shall include females

(F) Compliance with the Americans with Disabilities Act (ADA), Family Medical Leave Act, California Family School Partnership Act, state, or other laws shall not be considered discrimination under this Section

ARTICLE 1

SECTION 12 – EMPLOYMENT OF THE PHYSICALLY IMPAIRED

The Company and the Union agree that, consistent with the Americans with Disabilities Act of

1990 and regulations thereunder and the applicable state laws pertaining to physically impaired employees, there will be reasonable accommodation to employees and applicants with physical or mental limitations, and the parties agree to cooperate to that end.

ARTICLE 2

UNION COMPANY RELATIONS

Section 1 – Union Representation

A. The Company recognizes and will work with authorized Union Representatives to resolve differences that may occur with respect to the terms and conditions of this Agreement.

B. The Union will designate one (1) Steward for NASA Edwards and one (1) Steward per shift at NASA Palmdale. The number and locations of Stewards may be adjusted to compensate for facility and population change. In addition, the Union may also designate alternates for these positions. The Stewards will be responsible to ensure compliance with the grievance procedure.

C. New employees shall be introduced by management to the Steward within a reasonable time, normally on the first day of employment

D. The Steward shall be an employee regularly assigned to work in the same shift as the employees they represent and shall have acquired seniority with the Company. In unusual circumstances, the number, location and seniority requirement of the Steward may be adjusted by mutual agreement between the Company and the Union.

E. The Union, by written notice, shall keep the Company promptly and currently informed as to the employee’s so designated as Steward.

F. Stewards Status on Transfers: Stewards will not be transferred from one shift to another without the consent of both the Site Supervisor/Maintenance Manager and the affected

Steward provided the Steward is qualified to perform the work remaining within their classification on that shift.

G. Stewards will be permitted to take the necessary time off work for discussion with the Site

Supervisor/Maintenance Manager on complaints or grievances of employees.

H. Stewards will be permitted to take the necessary time off work, exclusive of overtime days except in the case of an emergency for the following Company-Union business. If such business necessitates the Steward leaving their immediate work area, the immediate full-time supervisor shall first be notified.

1. For so much of one-half (1/2) hour of the shift, at a time mutually agreed upon by the

Steward and the Site Supervisor/Maintenance Manager (usually the last half-hour of the shift) as is required within the bargaining unit by the Steward for the below stated purposes:

a. For employee’s to contact their respective Steward regarding complaints.

b. For Stewards to contact employees who have filed written grievances.

c. For contacts within the bargaining unit between Stewards in order to investigate the specific circumstances pertaining to employee complaints or grievances.

2. In order for an employee and their respective Steward to meet with first level supervision, at a time mutually convenient, in order to discuss potential grievance situations.

3. For discussion within the bargaining unit with an authorized Business Representative of the Union when the latter finds it necessary to contact the Steward on Company-Union business.

I. In case of an emergency, Stewards may be permitted to leave their respective work areas for the purpose of contacting Stewards in other areas, after permission has first been obtained from their immediate supervisor. In the event of the absence of such supervisor the Steward shall obtain permission from the next level of management.

J. In the event a group of employee’s is required to work overtime on the fifth, sixth or seventh day of the workweek or on one of the holidays recognized in this Agreement, the

Steward may designate one of the employee’s within that group as an alternate Steward by so notifying the next level of management. Information as to the employee’s assigned to work the overtime days will be made available to the Steward.

K. The Committee representing the Union for purposes of negotiating a new contract shall not normally exceed three (3) in number. The Company agrees to pay said hourly employees for normal hours at their regular rate of pay if that employee was scheduled to work that day and a full committee recommendation of a new contract is received.

ARTICLE 2

Section 2 – Business Representative and Union Officials

The Business Representative of the Union shall have access to the Company's operations to which they are assigned, for the purposes of contacting Stewards regarding employee complaints or grievances or matters arising out of the application of this Agreement. Such visits shall be subject to such regulations as may be made from time to time by the Company, the U.S. Military Services, and other Government Agencies. The Company shall not impose regulations that will exclude the

Business Representatives from the operations nor render ineffective the intent of this provision.

Prior to entering the Company's operations, the Business Representatives shall notify the Site

Supervisor/Maintenance Manager/Program Manager or his designee of the date and time he will be in the plant and individuals he wishes to contact.

A full time Union Official or Business Representative may discuss any problems with employees

(other than Stewards) on the employee's own free time. If further discussion of a complaint or grievance is necessary, the Business Representative may meet with any single individual providing that he first notifies the Site Supervisor. The contacts on Company time, which are provided for in this Section, will be no more frequent and no longer than the matter for discussion reasonably requires. No discussions will be held with supervision of any area unless the Site Supervisor has been notified and given an opportunity to be present.

ARTICLE 2

Section 3 – Bulletin Boards and Posting Notices

Space shall be provided on Company property at locations mutually agreed upon between the Union and the Company for posting mutually agreed upon Union materials. The Union shall not distribute or post, nor permit its members to distribute or post, any material anywhere on the Company's property except as herein provided. The company may remove such bulletin boards in the event of repeated violation of this Section.

ARTICLE 2

Section 4 – Solicitation of Memberships

Employees and Union representatives shall not solicit Union memberships or collect dues on

Company property on the Company time of any employee, although such activity may be conducted by employees on Company property on the free time of the employees.

ARTICLE 2

Section 5 – Exchange of Information

The Union and the Company may request the following reports which are to be furnished as soon as possible, such requests shall be made only by the Steward or the Business Representative of the

Union and the Director of Human Resources.

(1) Upon request of the Company, the Union shall certify to the Company the number of its members.

(2) Upon request of the Union, the Company shall furnish the Union seniority list of the bargaining unit on a quarterly basis or as requested.

(3) Upon hiring a new employee, the Company shall provide a copy of the offer letter to the appropriate Steward within twenty-four (24) hours of his employment.

(4) A copy of the notice of Payroll Severance for each laid off employee as of a date immediately after the application of the general layoff shall be furnished.

(5) In the event of a layoff, the Company agrees to give a two (2) week notice to the

Union, when possible.

(6) The Company will, upon request from a Steward to the Director, Human Resources, ASD, make available to such Steward reasonable and pertinent information such as information from the personnel action notices and performance reviews concerning a complaint or grievance regarding rate or classification.

(7) The Company will provide the Union and the Stewards information relative to the award fee evaluation in regards to the Award Fee Sharing Plan.

ARTICLE 2

Section 6 – Cooperation

The Union and its members agree to report to the Company any act of sabotage, subversive activities, theft, damage to or taking of any employee's, Company's, and/or Government's property or work in process, or materials, or any known threat of sabotage, subversive activities, or damage to or taking of such property, and the Union further agrees if any such acts occur to use its best efforts in assisting the Company and the Government to determine and apprehend the guilty party or parties.

ARTICLE 3

GRIEVANCES AND ARBITRATION

Section 1 – Definition of Grievance

A grievance is a dispute, claim or complaint involving the interpretation or application of the written terms of the Contract. The Company agrees that the provisions of this Agreement and all rules and regulations controlling all working conditions and benefits for members of the Bargaining Unit will be administered fairly and equitably.

Section 2 - Grievance

The following procedures must be followed:

(A) Step One: The employee/Union shall present the grievance orally (preferred) or by email during normal work shift to the Site Supervisor or designee within two (2) working days or of reasonable knowledge of an occurrence. The employee may request the assistance of the local Steward for step one. The grievance will be investigated and answer given to the employee within three (3) working days after receipt of the grievance.

(B) Step Two: If a satisfactory settlement is not reached at the first step, the grievance shall be reduced to writing on the agreed to Grievance Form and submitted to next level of program management within five (5) working days after receipt of the step one answer. Unless such grievance, signed by the employee/Union, has not been delivered to next level of program management within ten (10) working days of the occasion upon which the grievance is founded, the grievance shall be deemed to be waived. If such notice requirement is complied with, the next level of program management shall within three (3) working days meet with the Business Representative and/or employee in an effort to resolve the dispute. Within five (5) working days after this meeting, the next level of program management will notify the

Business Representative in writing of the Company's decision, unless the matter was resolved at the earlier meeting. If the grievance was denied, the specific reasons for denial shall be listed.

(C) Step Three: If the Union desires to proceed further, the Business Representative may, within five (5) working days, present the unsettled grievance to the Director, Human Resources, and the next level of program management. If a satisfactory settlement is not reached within ten

(10) working days, the Union may proceed to arbitration.

The time limits of this Article and the Arbitration Article may be mutually extended by written agreement. Holidays and regular or assigned days off to Company representative and/or the employee Involved shall be excluded from the time limit set forth in this Article and the

Arbitration Article. Failure of the Union to proceed within the indicated time limit shall constitute a basis for the grievance being waived.

It is the intent of the parties to this Agreement that any dispute, subject to this procedure, shall be fully discussed at each stop of the procedure, with the view in mind of effecting an equitable settlement. In this regard, every effort will be made to arrange and conduct grievance meetings in an atmosphere free from hostility and personal attack. Such meeting shall, if requested, provide for the presence of representatives from both parties with direct knowledge of the issues involved.

It is understood the company or Union has the responsibility to process a grievance within the above mentioned time frame.

Section 3 – Union Grievances

A Union Grievance is defined as any written grievance which the Union may have with the

Company with respect to the application or .interpretation of any of the terms or provisions of

Article 1 (except Sections 1 and 5), Article 2, Article 5 (except Section 1), Section 5 of Article 6, and Subsection (b) of Section 1 of Article 8(including Appendix "F" entitled "Joint Statement of

Policy for Application of Job Descriptions" where its interpretation is involved with the application of a job description which is the subject of Union Grievance) of "this Agreement. Unless such grievance has been delivered to the Director, Human Resources, within fifteen (15) calendar days after the occurrence upon which such grievance is founded the grievance shall be deemed to be waived.

The grievance shall be processed in accordance with Section 2 and Section 4 of this Article 3.

Section 4 – Arbitration

A grievance which either party desires to contest further, and which involves the interpretation or application of the terms of this Agreement, shall be submitted to arbitration as provided in this

Article, but only if the Union gives written "notice to the Company of its desire to arbitrate the grievance within ten (10) working days of the date of the decision of the Director, Human

Resources, or the grievances shall be deemed waived.

Upon notifying the Company of its desire to arbitrate a grievance, the Union shall also notify the

Company or its representative who will present the case in arbitration. The Company shall notify the Union or its representative within four (4) days thereafter. Each of the parties' representatives shall have authority to discuss between themselves the possible settlement and compromise of the grievance, but in any event must proceed to arbitrate the matter as provided hereinafter within thirty

(30) days after the Union's appeal to arbitration if no settlement has been reached by that time

If the two parties' representatives are unable to reach a settlement, they shall immediately jointly request a list of qualified arbitrators from the United States Federal Mediation and Conciliation

Service. The request shall before a list of five (5) qualified arbitrators. The representative of each party shall alternately strike names from the list. The party to strike first (who will be chosen by lot) shall strike one name. The second party shall then strike one name, followed by the first party, who shall strike one name. The second party shall then strike again, leaving the fifth name, who shall be the chosen arbitrator.

The parties' representatives shall make the necessary arrangements to arbitrate the grievance, including the preparation and signing of a submission agreement which states the issue. In the event the parties' representatives are unable to agree upon the issue, the arbitrator shall determine the issue.

The arbitrator shall have the authority to determine the rules of evidence and procedure and to adjourn or continue the hearing from time to time. All expenses incurred by the arbitrator including the fee and expenses which he is authorized in connection with the arbitration, shall be borne equally by both parties. Costs incurred by the respective parties for their witness(es) shall be borne by that party.

This Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties and by the arbitrator in the same manner as any other contract under the laws of the land. The function and purpose of the arbitrator is to determine disputed interpretation of terms actually found in the Agreement, or to determine disputed facts upon which the application of the

Agreement depends. The arbitrator shall have the authority to interpret and apply the provision of this Agreement. The arbitrator shall not have the authority to amend or modify this Agreement or to establish new terms and conditions of this Agreement. The decisions of the arbitrator shall be in writing and shall not be made until both parties have had reasonable opportunity to present their case, together with arguments and briefs as desired. Said decision shall be given not later than thirty

(30) days after the submission of the final briefs. It is understood and agreed that a decision of the arbitrator made in accordance with the requirements hereof shall be final and binding on both parties.

ARTICLE 4

SENIORITY

Section 1 – Basis of Seniority and Establishment of Seniority Rights

(A) Establishment of Seniority

The term "Seniority" as used herein contemplates only that relationship of each employee in the bargaining unit to other employees in the bargaining unit. Seniority shall accrue from the date of employment in the bargaining unit, as defined in the Preamble, Article 1, and as provided in this Section. Seniority of an employee is the length of his continuous service on the contract including time spent with predecessor Companies on the contract. An employee shall hold seniority in the job classification as listed in this Agreement to which he has been assigned.

(1) Ninety (90) calendar days after an employee starts to work at the Company he shall acquire seniority and his seniority shall be retroactive to his last date of hire or rehire.

(2) No laid off employee will be required to serve more than one (1) accumulated ninety

(90) calendar day probationary period during the course of the twelve (12) month period beginning with his original date of hire. Any service time accumulated by an employee during the twelve (12) months preceding his rehire date shall be counted toward his probationary period. Such employee's seniority date shall be established as of a date ninety (90) calendar days prior to the completion period.

(3) An employee who has completed thirty (30) calendar days of his probationary period, and who is called of military reservist training not to exceed fourteen (14) calendar days, who is rehired immediately following his training, shall receive credit for the time previously spent toward completion of his probationary period. Such employee's seniority date shall be established as of a date ninety (90) calendar days prior to completion of his probationary period.

(4) Thirty (30) calendar days after an employee starts to work for the Company, he shall be entitled to full representation on wages, hours and working conditions with the exception of layoff or discharge. In the event of discharge after thirty (30) calendar days an employee will be entitled to representation by the Union Business Representative by a grievance limited to informal discussion at Step 2 of the grievance procedure.

(5) All new employees, performing bargaining unit work, and those rehired after a break in continuous service shall be in a probationary status until they have completed ninety (90) calendar days from the most recent date of hire. The

Company may discharge such probationary employees at will, and such action shall be reviewable as stated above.

(6) An informational review will be given to the Steward by the Site

Supervisor/Maintenance Manager as to the probationary employee's status no later than sixty (60) calendar days following date of hire.

(7) Employees transferring into the bargaining unit, will retain their Company date of hire for vacation and fringe benefit purposes only, but their union seniority date will be their date of transfer into the bargaining unit.

(B) Recognition of Company Seniority

(1) An employee transferred from a classification covered by this Agreement to an hourly paid or salaried classification not covered by this Agreement shall continue to accumulate Company seniority.

(2) An employee transferred from another site of the Company outside the scope of this

Agreement, to a classification covered by this Agreement shall have bargaining unit seniority upon his date of transfer, provided, however, no such person shall be placed in a classification in which an employee has recall rights.

(3) An employee who has acquired seniority in the bargaining unit and transfers to another site of the Company, outside the scope of this Agreement, shall continue to accumulate seniority with the Company.

(4) An employee of the bargaining unit who is on layoff from the Company and who is hired by another site of the Company, shall continue to accumulate seniority with the

Company.

a. In the event such employee is subsequently retransferred to the bargaining unit such Company accumulated seniority shall apply.

b. In the event such employee is subsequently laid off from another site of the

Company he may elect to exercise his seniority rights within the bargaining unit by so notifying the Company within seven (7) calendar days of the date of such layoff. If at any time of such layoff there is no less senior employees that he can replace and he has notified the Company of his election to exercise his seniority rights such employee will be granted recall rights to the bargaining unit upon the same basis and under the same conditions as if he had been laid off from the bargaining unit.

(C) Rehire from Other Company Sites

(1) An employee who is laid off from a site of the Company outside the scope of this

Agreement, who does not have seniority rights within the bargaining unit, shall be considered for placement with the Company in accordance with his qualifications and seniority, provided he files written application for employment with the Company within sixty (60) days of such layoff. The Company reserves the right to determine if such employee shall be hired. If such employee is hired into the bargaining unit, seniority will be based on his Company seniority date.

(D) Rehire from Other Company Divisions

(2) An employee who is hired by the Company after termination from employment by a wholly owned subsidiary corporation or division of L3 Technologies, or a wholly owned subsidiary corporation of L3 Technologies, and who is not entitled to seniority within the bargaining unit shall acquire seniority on the same basis as a new hired employee.

Section 2- Layoffs

(A) General Layoff

In the event of a layoff, the Company agrees to give a two (2) week notice to the Union, when possible.

(1) Layoffs shall be made in order of bargaining unit seniority where ability, skill and efficiency are substantially equal, applied by classification. (See Appendix D.) For the purpose of applying temporary and general layoffs, a Steward of whose status the

Company has had twenty-four (24) 'hours written notice shall be deemed to have top seniority within the applicable layoff unit so long as he remains the Steward providing however, that he is qualified to perform the work remaining within his classification on the same shift.

(2) In the event of a layoff affecting employees with the same seniority date, the layoff procedure for such employees shall be applied in order of the forth digit of their employee number. In the event of the same fourth digit, the fifth digit will be used. In the event of the same fifth digit, the sixth digit will be used. The number 9 is determined to be high and the 0 is low. The employee whose fourth digit is high will be laid off first.

(3) Where ability, skill, and efficiency are substantially equal, an employee scheduled for layoff may, at the discretion of the Company, be placed in the highest lateral or lower rated classification which he has held during his most recent tenure with the Company provided he has greater seniority than the least senior employee in such lateral or lower rated classification whose work he is qualified to perform, regardless of any of the provisions' of Subsection (A) (1) of this Section. Employees so affected may accept layoff in lieu of placement in a lower rated classification.

(4) Employees who have not acquired seniority rights may be laid off without regard to relative length of service.

(5) An employee who is at work on the day he is scheduled for layoff shall normally be entitled to enough time to clear out and shall be paid for the end of his last shift. Any employee not cleared out in the above manner and requested by the Company to return the following day shall receive a minimum of four (4) hours pay.

(6) An employee downgraded into a lower-rated classification shall:

a. Receive the maximum of the rate range for the lower rated classification if the current rate exceeds such maximum of the rate of pay, or

b. Retains the current rate of pay if the current rate is less than the maximum of the rate range for the lower-rated classification.

(B) Emergency Layoffs

In the event the Company finds it necessary to declare an emergency general layoff the

Company has the right to displace the junior employees in the classification with the surplus employees without regard to shift and job assignment preference. The Company agrees that within fourteen (14) calendar days they will reassign the affected employees in accordance with the provisions of the general layoff procedures.

(C) Temporary Layoffs

(1) Temporary layoffs may be made for periods from one (1) full shift up to and including seven (7) calendar days. Such layoffs shall be made in order of bargaining unit seniority, applied by shift by classification where ability, skill, an efficiency are substantially equal.

(2) During a period of a temporary layoff in a classification, the Company will not hire employees to report to work in such classification.

(3) If the Steward is affected by a temporary layoff, he shall be retained during the term of the temporary layoff only.

Section 3 – Recall

(A) Recall of employees shall be in order of bargaining unit seniority where ability, skill, and efficiency are substantially equal, applied by classification.

(B) In the event of recall affecting employees with the same seniority date, the recall procedure for such employees shall be applied in order of the fourth digit of their employee number.

In the event of the same fourth digit, the fifth digit will be used,' In the event of the same fifth digit, the sixth digit will be used. The number 9 is determined to be high and 0 is low.

The employee whose fourth digit is low will be recalled first.

(C) For purposes of this Section, the recall list of any classification shall consist of:

(1) All employees laid off from the bargaining unit in such classification who have not lost their seniority by the terms of Article 4, Section 7.

(2) In cases where a misapplication occurs by the Company of the provisions of Article

4, Section 3 which is brought to the attention of the Company through a written grievance, the Company shall make adjustment within three (3) working days after receipt of the grievance by the Company without incurring financial liability.

It is not the intent of the Company to utilize three (3) full working days in making adjustments in all such instances.

(D) Upon being notified of recall by wire, registered, or Certified mail to his last reported address filed with the Company, an employee shall report for interview on or before the second workday after the date such notice was delivered, or at such other date thereafter as the Company may designate. After an interview an employee shall report for work at the time designated by the Company. If because of sickness, injury, or cause beyond his control any employee fails to report for interview or for work as set forth above, he shall not be entitled to the job but shall be entitled to hold his place on the recall list and to be considered for the next vacancy for which he is eligible, except that a failure to report within seven (7) calendar days or furnish a reasonable excuse for failure to report will result in loss of seniority.

The employee shall give notice by registered or certified mail, or in person to the Division

Contract Administration Office of the Company. The employee will be issued a receipt by the Company when reporting in person. The employee shall be required to supply evidence of sickness, injury or causes beyond his control to the satisfaction of the Company

(E) Failure on the part of the employee to keep the Company informed of his correct address relieves the Company of the responsibility of any notification required by this Agreement.

(F) An employee who is eligible for recall may, by written notice to the Company, suspend his right of recall provided such notice is received by the Company by seven (7) or more calendar days in advance of any notice of recall. However, upon notification of recall for a temporary assignment (defined as ten (10) working days or less) an employee may decline such recall by immediately suspending his recall rights by presenting written notification of such suspension to the Company. An employee's suspension of recall rights shall remain in effect until that date specified by the employee or until their recall rights expire. An employee may reinstate his recall rights by written notice to the Company canceling the prior notice of suspension at any time after the expiration of fourteen (14) calendar days from the date the notice of suspension was received by the Human Resources Department.

During the period of suspension of recall rights, the employee shall not be obligated to accept rehire and the Company shall not be obligated to notify the employee of available openings.

Section 4 – Physically Impaired Employees

Physically impaired employees may be retained or reinstated regardless of the seniority principle stated in this Article in accordance with such mutual agreement as hereafter may be entered into between the Company and the Union.

Section 5 – Occupational Injury or Illness

An employee who becomes physically impaired to the extent that he is no longer physically capable of performing the normal duties of his assigned job as a result of an injury or illness, incurred in the course of his or her employment with the Company and determined by the Industrial Accident

Commission or the Company to be occupational, shall be retained or reinstated in a classification where work is available and he is qualified to perform such work, regardless of the seniority principles stated in this Article except as provided in Section 6 hereof. It is not the intent of this provision to retain or reinstate an employee out of seniority order in a higher rated classification if the employee is capable of performing the duties of the lower rated classification to which his seniority entitles him.