Attachment_J-06_WD_CBA_Group_2.pdf

Collective Bargaining Agreement

BETWEEN

L-3 Communications Vertex Aerospace, LLC

AND

The International Association of Machinists and Aerospace Workers, AFL-CIO

District Lodge 725 and Aeronautical Industrial Local Lodge 727-P

AT

NASA Armstrong Flight Research Center Edwards AFB, CA.

AND

NASA Armstrong Aircraft Operations NASA Facility, Palmdale, CA.

Effective

MAY 1, 2018 – April 30, 2021

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TABLE OF CONTENTS

PREAMBLE

ARTICLE 1.00 RECOGNITION

ARTICLE 2.00 PERIOD OF AGREEMENT

ARTICLE 3.00 NON-DISCRIMINATION

ARTICLE 4.00 MANAGEMENT RIGHTS

ARTICLE 5.00 SUBSTANCE ABUSE POLICY

ARTICLE 6.00 UNION SECURITY/DUES CHECK-OFF

ARTICLE 7.00 UNION REPRESENTATION

ARTICLE 8.00 BUSINESS REPRESENTATIVES AND AEROSPACE COORDINATORS .. 7

ARTICLE 9.00 EXCHANGE OF INFORMATION

ARTICLE 10.00 NEW JOBS

ARTICLE 11.00 NO STRIKE / NO LOCKOUT CLAUSE

ARTICLE 12.00 SECURITY

ARTICLE 13.00 GENERAL

ARTICLE 14.00 SAFETY AND HEALTH CONDITIONS

ARTICLE 15.00 LAYOFFS AND RECALL

ARTICLE 16.00 COMPLETE AGREEMENT

ARTICLE 17.00 PROMOTIONS / TRANSFERS

ARTICLE 18.00 DISCHARGE AND DISCIPLINARY ACTION

ARTICLE 19.00 GRIEVANCES AND ARBITRATION

ARTICLE 20.00 SENIORITY

ARTICLE 21.00 TEMPORARY DUTY ASSIGNMENTS (TDY)

ARTICLE 22.00 HOURS OF WORK

ARTICLE 23.00 OVERTIME

ARTICLE 24.00 EXCUSED ABSENCE

ARTICLE 25.00 HOLIDAYS

ARTICLE 26.00 VACATION

ARTICLE 27.00 BEREAVEMENT

ARTILCE 28.00 PREMIUM PAY/ RATES OF PAY

ARTICLE 29.00 PERSONAL PAID TIME (PPT)

ARTICLE 30.00 BENEFIT PLANS

ARTICLE 31.00 RETIREMENT PLANS

ARTICLE 32.00 EFFECTS OF LAW

ARTICLE 33.00 DURATION

APPENDIX A

APPENDIX B

APPENDIX C

MACHINIST CUSTOM CHOICE

PREAMBLE

This Agreement entered into by and between L-3 Communications Vertex Aerospace LLC, (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 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, its employees, and the Union as their representative.

ARTICLE 1.00 - RECOGNITION

1.01 The Union, having been certified by the National Labor Relations Board in Case No. 31-RC-

132676 September 23, 2014, is hereby recognized by the Company as the exclusive bargaining agent for the employees covered by this Agreement.

1.02 For the period of this Agreement the Company recognizes and accepts the Union as the sole and 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 all new hires and employees transferred into this unit, while such employees are employed by the Company on the NASA Armstrong Flight Research Center and NASA

Armstrong Aircraft Operations Contract #NND13AC02C at NASA Edwards and NASA

Palmdale.

1.03 The word “employee” or “employees,” as used in the Agreement, means all employees of the company employed at the locations listed above, in the job classifications listed in Appendix A of the Agreement.

1.04 Excluded from the unit are all office clerical employees, professional employees, guards, and supervisors as defined in the National Relations Act.

1.05 The Company shall use their best efforts to enforce compliance of the intent of this paragraph. It is the intent of this 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 thirty (30) consecutive days and when no employee is on recall to the position which would normally perform the work involved.

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ARTICLE 2.00 - PERIOD OF AGREEMENT

2.01 This Agreement shall be effective May1st, 2018, and shall remain in full force and effect to and including April 30, 2021, 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.

2.02 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, Labor Relations, for service upon the Company, and when similarly mailed, or delivered in hand, to District Lodge

725, 39047 North 10th 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.

ARTICLE 3.00 - NON-DISCRIMINATION

3.01 Union membership or legitimate Union activity will not jeopardize an employee’s standing with the Company or opportunity for advancement. The Company and the Union want to reaffirm their commitment to provide equal employment opportunity for all persons in all facets of employment and to recruit and administer hiring, working conditions, benefits and privileges of employment, compensation, training opportunities for advancement including promotion, transfers and terminations of employment including layoffs and recalls for all employees, without discrimination because of race, color, religion, age, gender, national origin, sexual orientation, gender identity, citizenship status, marital status, genetic information, disability, protected veteran status or any other legally protected status.

3.02 Whenever the words “he”, “she” or “any gender” are used in this Agreement, the words so used shall be deemed to mean and encompass both male and female.

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ARTICLE 4.00 - MANAGEMENT RIGHTS

4.01 Except as specifically limited by this Agreement, the management of the company, and the direction of the work force, including but not limited to the service performed, the schedules and fair standards of employee performance, the schedules and hours of shifts, the methods, processes, and means of providing services, materials to be purchased, the right to hire, promote, demote and transfer employees, the selection of leads and their shift assignments, the establishment of reasonable rules of conduct, the discharge or discipline of employees for just cause, and the maintenance of efficiency of employees (Training), are the sole and exclusive rights and responsibilities of the Company, subject to the provisions of this Agreement. All matters not specifically covered by this Agreement are solely functions and responsibility of management.

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 5.00 - SUBSTANCE ABUSE POLICY

5.01 L-3 Communications and the IAMAW are committed to providing employees with a drug-free and alcohol-free workplace. It is our goal to protect the health and safety of employees and to promote a productive workplace, and protect the reputation of the Company, Union and employees.

5.02 Consistent with these goals, the Company prohibits the use, possession, distribution or sale of illegal drugs, drug paraphernalia or alcohol on Company premises. A program, including random drug testing, will be maintained as well as all actions necessary to comply with the Drug Free

Workplace Act and all DOD Regulations.

5.03 Pre-employment drug testing is a condition of employment.

5.04 The Company will implement a Substance Abuse Policy, including all testing procedures.

5.05 No less than one time per year the Company will provide on-site consultation.

ARTICLE 6.00 - UNION SECURITY/DUES CHECK-OFF

6.01 CONDITIONS OF EMPLOYMENT

1. An employee in the bargaining unit on the effective date of this Agreement who is a member of the Union shall be required, as a condition of continued employment, to continue membership in the Union for the duration of this Agreement to the extent of tendering the membership dues uniformly required as a condition of retaining membership in the Union.

2. An employee in the bargaining unit who is not a member of the Union on the effective date of this Agreement shall be required, as a condition of continued employment, to become a member of the Union on the 31st day following the effective date of this Agreement and shall remain a member of the Union to the extent of tendering an initiation/ reinstatement fee

- 4 -where required and the membership dues normally required as a condition of acquiring or retaining membership in the Union for the duration of this Agreement.

3. Employees entering the bargaining unit after the effective date of this Agreement shall be required, as a condition of continued employment, to become and remain members of the

Union to the extent of tendering an initiation/reinstatement fee where required and membership dues normally required as a condition of acquiring or retaining membership in the Union for the duration of this Agreement on the 31st day following such entry into the bargaining unit.

4. 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 and monthly dues.

5. 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.

6.02 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:

1. 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.

2. 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.

3. 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

- 5 -deductions were made, accompanied by a record stating the employee's name, social security number and amount deducted

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

Department of the Company of the authorization cards provided for in paragraph 1 above.

5. 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.

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

Section.

6.04 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 19.04 of this Agreement.

6.05 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 07.00 - UNION REPRESENTATION

7.01 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.

7.02 The Union will designate a Chief Steward. The Union will designate one (1) Shop Steward per shift at each site of which one will be named Chief Steward. 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 Chief Steward will be responsible to ensure compliance with the grievance procedure.

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

7.04 The Steward shall be an employee regularly assigned to work in the same shift as the employees he represents 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.

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

7.06 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 he is qualified to perform the work remaining within his classification on that shift.

7.07 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.

7.08 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 Steward 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 his 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.

7.09 In case of an emergency, Chief/Steward 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 Site Supervisor/Maintenance Manager.

7.10 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

Maintenance Manager. Information as to the employee’s assigned to work the overtime days will be made available to the Steward.

7.11 The Committee representing the Union for purposes of negotiating any modifications or amendments proposed shall not normally exceed three (3) in number. The Company agrees to pay

- 7 -said hourly employees for normal hours at their regular rate of pay if that employee was scheduled to work that day.

ARTICLE 08.00 - BUSINESS REPRESENTATIVES

AND AEROSPACE COORDINATORS

8.01 The Business Representative of the Union shall have access to the Company's operations to which they are assigned, for the purposes of contacting Chief/Stewards regarding employee complaints, grievances or matters arising out of the application of this Agreement.

8.02 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 on the job site and individuals he wishes to contact.

8.03 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 9.00 - EXCHANGE OF INFORMATION

9.01 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 Chief/Steward or the Business Representative of the Union and the Director of Labor Relations.

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 a seniority list of the bargaining unit.

3. The Company shall provide notice of a newly hired employee to the appropriate Chief/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.

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5. The Company will give, whenever possible, an employee and Chief/Steward fourteen (14) days advance notice of layoff. It is recognized that the size and timing of a surplus and the number of displacements and options involved will have impact upon the amount of advance notice that can be given.

6. The Company will, upon request from a Chief/Steward to the Director of Labor Relations, make available to such Chief/Steward reasonable and pertinent information such as information from the personnel action notices and performance reviews concerning a complaint or grievance regarding normal rate or classification.

ARTICLE 10.00 - NEW JOBS

10.01 If, during the term of this Agreement, it becomes necessary for the Company to establish new job classifications within the bargaining unit, the Company and the Union shall mutually agree upon the proper classification and normal rate range for the new position. Operations shall not be delayed through failure to immediately agree upon a wage rate applicable to such job classification.

In the event the parties fail to come to an agreement on the wage rate of a new job, the matter shall be submitted to binding arbitration under the applicable article of this agreement and the Arbitrator shall have the authority to establish the normal rate of pay for any new job classification challenged under this Article.

ARTICLE 11.00 - NO STRIKE / NO LOCKOUT CLAUSE

11.01 The Union agrees that neither it nor any of the employees in the bargaining unit, covered by this

Agreement will collectively or individually engage in or participate in any strike, sympathy strike, slowdown or stoppage of work during the term of this Agreement and the Company agrees that during the term of this Agreement it will not lock out any of the employees covered by this

Agreement.

ARTICLE 12.00 - SECURITY

12.01 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.

12.02 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.

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12.03 In the event that such Government Agency following the taking of such action advises the

Company in writing within one year 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 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.

ARTICLE 13.00 - GENERAL

13.01 The Union acknowledges the responsibilities of the Company's operation as they are related to the support of the Customer’s objectives. The parties realize the Customer may, from time to time, make unusual and immediate demands in conjunction with support requirements. Consequently, all personnel may be called upon to perform whatever duties are required for adequate performance of support requirements for the mission and operational capabilities. Any permanent/ongoing changes will have to be negotiated between the Company and the Union, for incorporation into this agreement.

13.02 CHANGE OF ADDRESS

Employees are responsible for notifying the Company of their proper mailing address and current telephone number. Laid off employees are also responsible to notify the Company of their proper mailing address and current telephone number to maintain recall rights. The Company shall be entitled to rely upon its records and shall be held harmless for any action that may arise out of said reliance.

13.03 RESIGNATION

Employees are requested to give at least a two (2) week notice of intent to resign.

13.04 BULLETIN BOARDS

The Company agrees to provide bulletin boards in each work center for posting of Union Material.

Material posted shall be limited to notices of Union meetings, Union newsletters, Union recreational and social activities, and any other Official Union business. Such bulletin boards shall be maintained by the Chief/Steward, or alternate Steward, in the Steward’s absence.

13.05 SHUTDOWNS

In the event of a Government shutdown, any employee may take vacation or personal paid time

(PPT) during this shutdown period. After Government shutdown is over, employees will return to work the day after the Company has requested your return to work. All employee’s will return to their normal shifts and work schedules. In the event the Government authorizes employees to be paid during the furloughed days off, normal eighty (80) hour bi-weekly normal rate pay will continue. In the event the Government authorizes employees to be paid for shutdown period after the furloughed days off, employees must be back paid for furloughed days based on employee’s eight (8) hour day’s normal rate and totaling the number of work days furloughed (minus any vacation or personal paid time (PPT) employee was paid during this period) paid no later than five

(5) days after Government authorizes. Government authorized furlough back pay to be paid in the form of a direct deposit or paper check separately from a normal bi-weekly scheduled paycheck.

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If employee used any vacation or personal paid time during this shutdown period, and the

Government authorized pay for that period, any vacation hours and/or personal paid time (PPT) utilized may be purchased by the employee and credited to their bank.

13.06 EDUCATION ASSISTANCE

The Steward will meet with the Program Manager to discuss educational matters. An employee satisfactorily completing an outside training course which has been approved in writing by the

Company prior to the employee beginning such course, will be reimbursed by the Company in accordance with the Company sponsored Educational Tuition Assistance Reimbursement Program

(ETARP). Such participation will be subjective to qualifications and budgetary limits.

13.07 NEW TECHNOLOGY

It is the Company's policy when possible to assure that training is available for its employee’s so that they may have the opportunity to acquire the knowledge and skills required by the introduction of new technology. The Company will provide notification to the Union Business Representative or designee of the Company's plans for the introduction of new technology which may affect the employee’s. This notification will inform the Union of anticipated schedules of introduction of new technology, and will identify areas of skill impacts and any training programs associated with those impacts. The Union, and its representatives, will protect the confidentiality of Company sensitive and proprietary information disclosed in the notification. The Company will provide employee’s in the affected classification(s) in the bargaining unit the opportunity to volunteer for the training. The Company will select employee’s based on factors such as ability, skill, dependability, efficiency and qualifications to attend training and perform the work involved. If such factors are relatively equal, the most senior employee will be selected.

13.08 SUCCESSORS

The provisions of this Agreement shall be binding upon the Company and its Successors, Assigns, or future purchasers.

13.09 REPLACEMENT OF LOST OR STOLEN TOOLS (Where applicable)

It is understood and agreed between the parties that the Company will replace tools and tool boxes that are shipped to an employee TDY (at any location) or deployed to an overseas location and the tools or tool box becomes lost, damaged, or stolen while in the control of a third party shipper.

The company will also pay for the cost of the liability insurance to cover the tools being shipped.

The following conditions must be followed:

1. An inventory of all tools to be shipped must be made by the employee and signed off by the

Site or Program Manager.

2. Such inventory shall state condition of tools and tool box.

3. Pictures must be taken of the employee's tools and tool box. Employees must cooperate with the Company in investigating the loss or damage.

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13.10 PAY AND PAY SCHEDULE

Employees will be paid at intervals of every two weeks and they shall receive their pay checks within eight (8) days after the end of the two (2) week pay period. The pay check shall represent the earnings of the employee from Saturday, the beginning of the first week through Friday, the ending of the second week. Pay day will customarily be on Friday, except that, where operating conditions warrant, the Company may pay on a different day and will notify the Union accordingly.

13.11 PUBLICATION OF THE AGREEMENT

Within ninety (90) days of ratification of the Collective Bargaining Agreement (CBA), the company will print 1 (one) copy of the CBA for each employee. The CBA will be posted on the

Company intranet portal for viewing and printing as required.

ARTICLE 14.00 - SAFETY AND HEALTH CONDITIONS

14.01 The Company and the Union shall use every effort to assure compliance with established State, Federal, and Government safety and health rules and regulations. The Company and the Union will jointly designate a steward as the representative to any safety committees.

14.02 In the event an employee becomes ill while at work and the attending medical authority advises that the employee should not drive his or his own car home, use public carriers, or wait for his usual ride, the Company shall arrange for suitable transportation to the hospital or the employee's home.

14.03 Employees shall be required to comply with all safety rules and regulations established by the

Company and to wear such serviceable protective clothing or use such equipment as required by the Company if provided. Employees are required to wear uniforms except that they must wear protective safety clothing and safety equipment furnished by the Company if the task they are performing requires. All safety equipment remains the property of the Company and each employee shall be responsible for proper use.

14.04 The Company will provide the appropriate First Aid, AED equipment and Medical Services to treat victims of accidents and / or health hazards on its work premises and work detachment premises at all times. The Company will provide all required training for adequate designated employees for First Aid and CPR required in treating victims prior to Emergency Medical Services arrival.

14.05 All examinations related to employment, whether required by virtue of employment with the

Company or requested/directed by the Company, (Medical exams, Respiratory exams, Chest x-rays, Physical exams, CDL license testing, License exams. etc.) shall be at the Company expense and the employee shall be paid by the Company for all time spent while submitting to any examination. The Company may select a physician from the nearest locality of the individuals work site.

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14.06 The Company will provide a Safety/ESD boot/shoe reimbursement of up to ($80.00) to each employee that is required to wear them within his work environment. The employee must provide a receipt for the items purchased.

ARTICLE 15.00 - LAYOFFS AND RECALL

15.01 GENERAL LAYOFFS

In the event of a layoff, the Company agrees to give a two (2) week notice, when possible, to the employees affected. The Union will be notified of a layoff in advance of the layoff.

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

In the event of a layoff affecting employee’s with the same seniority date, the layoff procedure for such employee’s 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.

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. Employee’s so affected may accept layoff in lieu of placement in a lower rated classification.

Employees who have not acquired seniority rights shall be laid off without regard to relative length of service.

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 normal rate of pay.

An employee downgraded into a lower-rated classification shall:

1. Receive the normal rate for the lower rated classification if the current normal rate for that classification exceeds such maximum of employee’s normal rate of pay, or

2. Retains the current classification normal rate of pay if employee’s current normal rate is less than the normal rate for the lower-rated classification.

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15.02 EMERGENCY LAYOFFS

In the event the Company finds it necessary to declare an emergency layoff the Company has the right to displace the least senior 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.

15.03 TEMPORARY LAYOFFS

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 and classification.

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

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

15.04 RECALL

In the event of recall affecting employees with the same seniority date, the recall procedure for such employee’s 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.

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

1. Laid off/or displaced employees will be recalled, by job classification, in the inverse order of their layoff. Employees recalled must possess the qualifications and/or certifications to perform the work without additional training beyond familiarization.

2. The Company will send recall notices, by certified mail, to the employee's last official address.

The Company will also notify the Union of the recall and of those being recalled. The employee has five (5) working days after receipt of the notice to accept re-employment and report for work, unless extended by the company. Employees requesting to provide notice to a current employer will not be unreasonable denied.

If a laid off employees within a job classification, who is recalled, declines re-employment, then laid off employees outside the job classification, who are qualified in the classification, will be recalled.

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ARTICLE 16.00 - COMPLETE AGREEMENT

16.01 The parties acknowledge that during the negotiations which resulted in this Agreement, each had the right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from collective bargaining and that the agreements arrived at by the parties are set forth in this Agreement. Therefore, the parties, for the life of this Agreement, agree that the other shall not be obligated, except as provided in this Agreement, to bargain collectively with respect to any subject referred to or covered in this Agreement. Furthermore, the parties waive the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject matter not referred to or covered by this Agreement, even if such subject may not have been known or contemplated of any of the parties at the time this Agreement was negotiated or signed.

ARTICLE 17.00 - PROMOTIONS / TRANSFERS

17.01 PROMOTIONS

A promotion means the advancement of an employee from one job classification to another job classification with a higher normal rate of pay.

17.02 TRANSFERS

A transfer for purposes of this Section does not apply to promotions to higher rated classifications or to downgrades to lower rated classifications. Transfers will be made on the basis of operational requirements of the Company on the basis of seniority where ability, skill, and efficiency are substantially equal.

17.03 JOB VACANCIES

The Company and the Union clearly recognize the Company’s right to determine staffing levels within the Company. The Company therefore maintains the right to assign personnel within the

Company and to determine when there is a permanent job vacancy. When the Company determines that a permanent job vacancy exists, the Company will post the vacancy prior to hiring from outside the bargaining unit. The Company will post all job vacancies within the unit provided no employee has recall rights to the open position. The job vacancy will be posted internally for five

(5) working days. The posting notice shall state the job classification, the pay rate, special training, experience or certification required (if any) and the closing hour and date of the posting period.

The posting notice will be posted on the Company electronic careers site. The Chief Steward and

Employees will be notified via email of the vacancy. Those who desire to bid for the posted vacancy may do so by completing an electronic application via the company careers site prior to the close of the posting period.

17.04 SELECTION

Within five (5) working days after the close of the posting period, the Site Manager shall determine which of the bidders are qualified (minimum requirements) to perform in the posted position. The position will be awarded to the senior bidder that meets the qualifications of the job.

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The successful bidder shall be assigned to his/her new job within ten (10) working days after the job has been awarded.

If there are no qualified bidders, the Company has the right to fill job vacancies by new hires or rehires. If the job vacancy is not filled within sixty (60) days after the posting is closed, the vacancy will be reposted.

17.05 NEW JOB PERFORMANCE

When an employee is awarded a posted job, and fails to satisfactorily perform the duties of the position within ninety (90) days after assuming the position, the employee will be returned to the position last held prior to award of such promotion.

17.06 TEMPORARY ASSIGNMENT

The Company may temporarily upgrade an employee to perform in a higher classification. The employee shall receive the normal rate of the higher classification if he works for a minimum of two (2) hours in that classification. If an employee is assigned temporarily to a lower paid classification such employee shall not suffer a reduction in normal pay rate.

ARTICLE 18.00 - DISCHARGE AND DISCIPLINARY ACTION

18.01 The Company shall have the right to discipline employees for just cause by reprimand, suspension without pay or discharge for violation or infraction of the Company rules. The Company agrees to notify the Union, in writing, of any action taken under this section.

The disciplined employee will have a Chief/Steward present.

18.02 A letter of reprimand shall not be used for purposes of progressive discipline after a period of six

(6) months.

18.03 A letter of suspension shall not be used for purposes of progressive discipline after a period of twelve (12) months.

ARTICLE 19.00 - GRIEVANCES AND ARBITRATION

19.01 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.

19.02 GRIEVANCE PROCEDURE

The following procedures must be followed:

1. Step One: The employee/Union shall present the grievance orally and/or via email to the Site

Supervisor/Maintenance Manager within two (2) working days or of reasonable knowledge of an occurrence. The employee may request the assistance of the local Chief/Steward for step

- 16 -one. The grievance will be investigated and an answer given to the employee within three (3) working days after receipt of the grievance.

2. 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 the Program Manager 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 the Program Manager 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 Program Manager shall within five (5) 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 Program

Manager 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.

3. 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, Labor Relations. If a satisfactory settlement is not reached within ten (10) working days, the Union may proceed to arbitration.

The time limits of this agreement and the Arbitration section within this agreement 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 agreement and the Arbitration section within this agreement. 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 step 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.

Any aggrieved employee and Union representative shall have the right to be present at any stage of the grievance procedure in which the grievance is being considered. No employee may leave the job, take up, or settle a grievance without requesting permission from the immediate supervisor.

Such permission will be granted provided it does not retard or interfere with operations or create a hazardous condition. If permission cannot be granted, time limits will be waived until permission is granted. Witnesses called by either party may attend the grievance meeting at any step, subject to the same provisions above outlined for attendance of an aggrieved employee.

19.03 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 where its interpretation is involved with the classification, work assignment or pay of this Agreement.

Unless such grievance has been delivered to the Director, Labor Relations, within fifteen (15)

- 17 -working days or of reasonable knowledge of an occurrence upon which such grievance is founded the grievance shall be deemed to be waived.

*The grievance shall be processed in accordance with timeline outlined in this agreement.

19.04 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, Labor Relations, 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) working 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 be for 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

- 18 -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 20.00 - SENIORITY

20.01 ESTABLISHMENT OF SENIORITY

The term "Seniority" as used herein contemplates only that relationship of each employee in the bargaining unit to other employee’s in the bargaining unit. Seniority shall accrue from the date of employment in the bargaining unit.

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.

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…