Attachment_J-08_WD_CBA-2019-12342.pdf

COLLECTIVE BARGAINING

AGREEMENT

Between

LOGMET

NASA Edwards Air Force Base, California and Armstrong Air Operations Facility, Palmdale California

And

DISTRICT LODGE 725

INTERNATIONAL ASSOCIATION

OF MACHINISTS AND AEROSPACE

WORKERS AFL-CIO

The parties acknowledge that this agreement is expressly conditioned upon approval of financial terms by the U.S. government or an agency thereof. In the event the U.S. government does not approve, the parties agree to resume negotiations on the disapproved terms.

EFFECTIVE

March 06, 2017 through March 05, 2020 i

TABLE OF CONTENTS

Article Page

PREAMBLE

ARTICLE 1 RECOGNITION

ARTICLE 2 MANAGEMENT RIGHTS

ARTICLE 3 UNION RECOGNITION AND EMPLOYEE REPRESENTATION

ARTICLE 4 NO STRIKES OR LOCKOUTS

ARTICLE 5 UNION SECURITY

ARTICLE 6 GRIEVANCE PROCEDURE AND ARBITRATION

ARTICLE 7 SENIORITY

ARTICLE 8 HOURS OF WORK AND OVERTIME

ARTICLE 9 FIELD DUTY ASSIGNMENTS (TDY)

ARTICLE 10 HOLIDAYS

ARTICLE 11 VACATION and PTO

ARTICLE 12 WAGES AND JOB CLASSIFICATION

ARTICLE 13 HEALTH AND WELFARE

ARTICLE 14 LEAVES OF ABSENCE

ARTICLE 15 SAFETY

ARTICLE 16 DISCHARGE AND DISCIPLINE

ARTICLE 17 NON-DISCRIMINATION

ARTICLE 18 GENERAL PROVISIONS

ARTICLE 19 PENSION AND UNION 401(k)

ARTICLE 20 MNPL

ARTICLE 21 COMPLETE AGREEMENT

ARTICLE 22 SCOPE OF AGREEMENT

ARTICLE 23 DURATION

PREAMBLE

This Collective Bargaining Agreement (hereinafter referred to as “the Agreement”) is made and entered into this 6th day of March 2017 (“Effective Date”) between Logmet at Edwards Air Force Base, California and Armstrong Air Operations Facility, Palmdale California (hereinafter referred to as “the Company” or “the Employer”) and the International Association of Machinists and Aerospace Workers, AFL-CIO, District Lodge 725 (hereinafter referred to as “the Union”) (the aforementioned individually “Party” and collectively “Parties”).

ARTICLE 1

RECOGNITION

Section 1.1 Recognition of Union. The Company recognizes the Union, certified by the National Labor Relations Board on January 27, 2014 in Case No. 31-RC-118507, as the exclusive representative of “employees” as defined in Section 1.2 of this Agreement.

Section 1.2 Definition of Employees. Whenever used in this Agreement, the term “employees” shall mean all full-time and part-time Engineering Technicians, Drafters/CAD Operators, Supply Technicians, Material Expeditor/Chemical/Tool Crib Attendants, Maintenance and Production personnel employed by Company at NASA Edwards Air force Base and NASA Palmdale, California; as listed and designated in Article 11 to this Agreement; but excluding all other employees, including temporary personnel as defined in Section 1.4 of this Agreement, managerial personnel, confidential personnel, office clericals, professional employees, watchmen, guards, and supervisors as defined in the National Labor Relations Act.

Section 1.3 Definition of Probationary Employee. An employee who has never been employed by the Company, or an employee rehired after termination of employment with the Company shall be in “probationary” status until he or she has completed ninety (90) calendar days. The transfer, discipline, lay-off, or discharge of an employee who is in probationary status shall not be a violation of this Agreement and shall not be subject to or reviewable through the grievance procedure or appealable by arbitration under Article 6 of this Agreement.

Section 1.4 Definition of Temporary Personnel. “Temporary personnel” are persons hired by the Company to work for a period not to exceed ninety (90) calendar days from the commencement of their employment and who, prior to the commencement of actual work, have executed a written statement acknowledging such duration of employment. A person initially hired under such conditions may not actually work in excess of ninety (90) calendar days from the commencement of employment, except by the mutual written agreement of the Company and the Union.

Section 1.5 Rules and Regulations. Employees shall be governed by all Company rules, regulations, and orders which are not in conflict with the terms and conditions of this Agreement.

ARTICLE 2

MANAGEMENT RIGHTS

Except as modified by a specific provision of this Agreement, the Company reserves and retains all of its normal and inherent rights with respect to the management of the business, including

(without limiting the generality of the foregoing) its right to establish or continue policies, practices, and procedures for the conduct of the business; to select and direct the working force;

to establish, eliminate, change, or combine work schedules, and work assignments, which are not in conflict with the terms of this Agreement; to transfer, promote or demote employees, or to lay off, terminate or otherwise relieve employees from duty for lack of work or other legitimate reasons; to make and enforce reasonable policies, procedures, and rules for the maintenance of discipline; to suspend, discharge or otherwise discipline employees for cause; and otherwise to take such measure as management may determine to be necessary to the orderly, efficient or economical operation of the business.

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

ARTICLE 3

UNION RECOGNITION AND EMPLOYEE REPRESENTATION

Section 3.1 Union Stewards.

(a) Recognition of Union Stewards. From among the bargaining unit employees employed by the Company, the Union will designate, and the Company will recognize, not more than two (2) union stewards to serve as the Union’s agents in the representation of employees. The Company shall not recognize any employee as a union steward unless the Union has notified the Company, in writing, of the employee’s name, department, and designation as a union steward. In order to ensure coverage at both locations, the individual union stewards will be selected from and assigned to one of the following work areas to represent the employees in that union steward’s area:

(1) Area A: Armstrong Operations Facility Palmdale

(2) Area B: Edwards Air Force Base

The number of union stewards on the Union Grievance Committee under this Agreement may be modified at any time by the Company and the Union upon their mutually agreeing in writing to such a modification.

(b) Compensation of Union Stewards While Engaged in Union Activity. Except as may be otherwise specifically provided in this Agreement, the union stewards shall not be compensated by the Company for their duties on behalf of the Union.

Section 3.2 Authorized Activities of Union Stewards.

(a) A steward will be permitted to take necessary time off work for the investigation and presentation of grievances to the Company or the designated Company representative in accordance with these provisions:

(1) To consult with an employee regarding a question concerning this Agreement, complaint, or grievance for which the employee desires a Shop Steward to be present.

(2) To investigate a complaint or grievance before presentation to the appropriate Management personnel.

(3) To present a question concerning this Agreement, complaint or grievance to an employee’s immediate Manager in an attempt to settle the matter for the employee or group of employees who may be similarly affected.

(4) To meet with the appropriate Site Manager or other designated representative of the Company when necessary to adjust grievances in accordance with the grievance procedure of this Agreement.

(b) The Chief Steward or his designee shall be given fifteen (15) minutes during new hire orientation to meet with the new hires.

(c) The transmission of such messages and information during non-work times (breaks, lunch, before and after work hours), which shall originate with, and are authorized by the Union or its Officers, provided such message and information have:

(1) Been reduced to writing, or

(2) If not reduced to writing, are of routine nature and do not involve work stoppages, slowdowns, refusals to handle goods, or any other interference with the Company’s business.

Section 3.3 Posting of Union Literature and Information: Bulletin Boards.

(a) The Company will permit the Union to use portions of bulletin boards on the Company’s premises at Edwards Air Force Base, California and NASA Palmdale California on a space-available basis for the purpose of posting legitimate Union notices. The Union will be permitted to install, at its own expense, additional bulletin boards as needed where notices to employees are customarily posted, and subject to the approval of the Company Representative for the purpose of posting legitimate Union notices at the Company’s facility located at Edwards Air Force Base, California and NASA Palmdale, California.

Such notices shall be signed by an authorized Union Representative and/or shall bear the insignia of the IAMAW. Legitimate Union notices are defined as:

(1) Notices of meetings.

(2) Notices of official Union elections and results.

(3) Notices of official Union appointments.

(4) Official notice of Union recreational and social events.

Section 3.4 Union Business. Except as otherwise provided in this Agreement, the Company shall not be required to pay an employee for any time or leave taken from work by that employee to serve the Union in any official capacity (other than union steward pursuant to the terms of this Agreement), to serve on any Union committee (the Company’s Safety Committee under Article 14 of this Agreement is not a Union committee), or to attend Union-sponsored conventions, training, and seminars. The Company may refuse to grant leave under this Section 3.4 if the Company Representative determines that any employee’s absence would unreasonably interfere with or adversely affect the operations of the Company or the operations or mission of the United States government (customer/client).

Section 3.5 Union Visitation.

The Business Representative of the Union shall have access to the Company’s place of operation to which bargaining unit employees 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 Contractor, the U.S. Military Services, and other Government Agencies. The Company shall not impose regulations that will exclude the Business Representatives from the operations where bargaining unit employees are assigned nor render ineffective the intent of this provision. Prior to entering the Company’s operations, the Business Representatives shall notify the Site Manager or his designee at least 24 hours in advance except in case of emergency 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 Manager. 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 in order to minimize interference with the Company’s or Contractor’s business or U.S. Military or Government Agencies’ operations. No discussions will be held with supervision of any area unless the Site Manager has been notified and given an opportunity to be present.

Section 3.6 Negotiations.

The parties agree that all collective bargaining is to be conducted between the negotiating team designated by the Union and the negotiating team designated by the Company. The negotiation sessions shall be held at a mutually agreed neutral location and facility with the Union and the Company sharing the costs of the facility equally.

The Union may designate up to two (2) bargaining unit employees to serve on its negotiating team and up to two (2) bargaining unit employees to serve as alternates for negotiating team members who are unable to attend a negotiation session. By mutual agreement in writing, the Union and Company may agree to change the number of bargaining unit employees who will serve as primary or alternate members of the Union’s negotiating team.

ARTICLE 4

NO STRIKES OR LOCKOUTS

Section 4.1 Recognition of important and Vital Work for the United States Government.

The Union and the Company expressly acknowledge and recognize the business and operations of the Company are directly related to the important and vital work of the United States government and that efficient and uninterrupted services must be furnished to those agencies that have need of and make use of the capabilities of the Company.

Section 4.2 No Strikes or Lockouts. The Union agrees that it shall not engage in, authorize or recognize any strikes, picketing, sympathy strike, work stoppage, slowdown, sit-down, sit-in, boycott or other interruption of the Company’s operations during the term of this Agreement; the Company agrees that it shall not lock out the employees during the term of this Agreement.

ARTICLE 5

UNION SECURITY

Section 5.1 Union Payroll Deduction. It is agreed between the Company and the Union that any employee in the bargaining unit defined in Article 1 of this Agreement, who is or may hereafter become a member of the Union, or pays an agency fee, may authorize the collection of Union dues or agency fees by the signing of a payroll deduction form that shall be shared with the Company. The employee’s authorization shall be irrevocable for a period of one (1) year from the date they are signed or until this Agreement expires whichever occurs sooner, irrespective of their membership status in the Union.

(a) This authorization and assignment shall continue in full force and effect for yearly periods beyond the irrevocable period set forth above, and such subsequent yearly period shall be similarly irrevocable unless revoked within ten (10) calendar days but not less than three (3) days prior to the date of termination of any irrevocable period hereof. Such revocation shall be affected by written notice to the Company, and a copy sent by certified mail, return receipt requested, to the Union within such ten (10) day period.

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

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

(d) As allowed by law, all employees within the bargaining unit on the Effective Date of this Agreement who are not Union members must, as a condition of continued employment, pay to the Union while on the active payroll, an agency fee equal in amount to monthly membership dues, beginning with the month following the month in which they accumulate thirty (30) days’ continuous service in the bargaining unit since their last date of hire or rehire. Employees entering the bargaining unit or employees who are rehired with seniority or transferred with seniority into the bargaining unit after the Effective

Date of this Agreement who do not become Union members, or having become but do not remain Union members, must, as a condition of employment, while on the active payroll, pay such fee to the Union commencing the month following the month in which they accumulate thirty (30) days’ continuous service in the bargaining unit if such entry is prior to the fifteenth (15th) day of that month or commencing with the month following the month of such entry into the bargaining unit if such entry is on or after the fifteenth (15th) day of that month.

(e) As allowed by law, employees who are Union members on the Effective Date of the Agreement shall continue to pay membership dues to the Union as a condition of continued employment while in the bargaining unit and on the active payroll as long as they remain members of the Union; employees within the bargaining unit who after the Effective Date of this Agreement become members of the Union shall pay, while on the active payroll, an original initiation fee and membership dues to the Union, as a condition of continued employment while in the bargaining unit and while remaining a Union member; provided that in no event shall the initiation fee and the membership dues exceed the amount specified in the Constitution and/or by-laws of the Union.

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

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

(h) The Company shall make deductions on a pay check basis. On a monthly basis, the Company shall issue all Union payments such as Union dues, Political Action Contributions, etc. The Company will be responsible for deducting initiation or reinstatement fees after written notification from the Union.

(i) The Company shall issue all remittance reports to the Union. Accounts will be established for a focal designated by the Union. It will be the responsibility of the Union to submit all changes in focals to the Company.

Section 5.2 Indemnity. The Union will indemnify and hold the Company harmless from and against any and all claims, demands, charges, complaints, or suits instituted against the Company which are based on or arise out of any action taken by the Company in accordance with or arising out of the foregoing provisions of this Article 5.

ARTICLE 6

GRIEVANCE PROCEDURE AND ARBITRATION

Section 6.1 It is the intent of this Article to establish a means for prompt adjustment of working problems and personal grievances at the job level by conference between the Company Representative or Company-designated representative and the employee involved, provided the Shop Steward has been given an opportunity to be present. If not resolved at this informal level, a formal written grievance may be filed. The grievance shall contain a full statement of the grievance and the facts upon which it is based, the Section of this Agreement alleged to have been violated and the action, remedy or adjustment sought. In grievances filed on behalf of individual employees, the grievance shall be signed, by the affected employee, prior to Step 1 of the Grievance Procedure. Grievances shall be processed according to the steps and time limits specified. These time limits may be extended upon written mutual consent of the parties. No written grievances shall be filed or processed based on facts or events, or omissions which have occurred more than ten (10) working days before such grievance is filed. For disputes occurring while on detachment, this timeline shall be extended for ten (10) working days past the date of return.

(a) Shop Stewards shall not be denied the opportunity to represent an employee at investigative interviews if requested by the employee. If a Shop Steward is requested but not available, such investigative interviews will be postponed until a Shop Steward can be present.

(b) Both parties agree to exert an earnest effort to settle such grievance promptly through the following steps:

Step 1. In the event of an employee-involved grievance the employee shall first confer with his/her Company Representative in order to amicably settle the matter, provided the Steward has been given an opportunity to be present. Any and all grievances shall be handled during normal working hours without any unnecessary interruption of work.

Step 2. If the dispute is not resolved amicably then the Chief Steward may reduce the grievance to writing. Within ten (10) work days after receipt of a written grievance the Company Representative shall submit a written answer to the affected employee and Shop Steward. The Union Business Representative may act on behalf of an aggrieved employee.

Step 3. If not settled/resolved at Step 2, the Union Business Representative may submit the grievance to the Company’s Representative or designee, within ten (10) working days after receipt of the Company’s response. The Company’s Representative, or designee, and the Union’s Business Representative, or designee, will meet, in person or by telephone conference, within ten (10) work days and attempt to resolve any grievance. If unable to resolve the grievance, the Company Representative or designee, shall submit a written answer to the Union within twenty (20) work days.

Step 4. The Union’s Business Representative may submit, within twenty (20) work days following the Company’s answer, written notice to the Company Representative or designee, of its intent to arbitrate. The Union or Company will request the Federal Mediation and Conciliation Service to submit an arbitration panel of seven

(7) names to each party. The Union and the Company shall alternately strike one name from such list (the Company and Union shall alternate which party shall make the first strike, Company to make initial strike) until only one name remains and that person shall be the arbitrator. The Parties will notify the Arbitrator of their selection and will coordinate schedules between the Company, Arbitrator and Union. The cost of the Arbitrator will be shared equally among the parties. The Company and the Union will continue to reasonably attempt to resolve the grievance prior to arbitration.

Section 6.2 The arguments before the Arbitrator will be oral, written or both as requested by the parties. The Arbitrator shall not have the authority to add to, subtract from, modify, alter or change any of the terms of this Agreement. The Arbitrator’s authority is to interpret and apply provisions of this Agreement. The Arbitrator shall be bound entirely by the testimony and records presented and admitted in the form of evidence presented at the hearing and the Collective Bargaining Agreement.

Section 6.3 The parties may file post-hearing briefs. The Arbitrator shall render his/her decision within thirty (30) days of the close of the hearing or receipt of the-briefs or as otherwise determined by the Arbitrator. The Arbitrator’s decision shall be in writing. The award shall be delivered or mailed to each party. The decision of the Arbitrator shall be final and binding on all parties.

Section 6.4 In cases of cancellation, the party requesting cancellation shall pay all fees and costs of the Arbitrator. In cases where the cancellation is the result of a compromise settlement, fees of costs of the Arbitrator shall be shared equally by the parties. No more than one (1) grievance shall be submitted to the same Arbitrator, unless mutually agreed to. All time limits shall be strictly adhered to and may only be extended by mutual agreements of the parties.

Section 6.5 The parties will conduct the arbitration cases at a location mutually selected by the parties. In the event the parties cannot agree on a location, the costs of the location selected by the Arbitrator shall be shared equally by the parties.

Section 6.6 The Company shall have the right to file a grievance concerning interpretation, application and/or alleging a violation of the terms and provisions of this Agreement. The Company shall follow the guidelines contained in Section 6.1, Steps 2 through 4, for presentation of the Company’s written grievance to the Union Business Representative and submission of its grievance to the arbitration procedure.

ARTICLE 7

SENIORITY

Section 7.1 Union Seniority of an employee is the length of his/her continuous service with the Company including time spent with predecessor Companies. An employee shall hold seniority in the job classification as listed in Article 1.2 of this Agreement to which he has been assigned.

(a) It is understood that seniority, defined in Article 7, Section 1, shall govern in the filling of vacancies within job classifications and the assignment of shifts, provided the employee is competent and capable of performing the job.

(b) When vacancies occur in any job classification covered by the Agreement, the Company shall post notice of such vacancies for a period of five days. The Company will promote senior qualified employees within the bargaining unit who have signed said posted notice prior to hiring outside applicants.

Section 7.2 In cases of layoff, the employee with the least Union seniority in the affected job classification shall be laid off first. The Company will give two weeks advance notice of layoff if advance notice is given by the customer. Employees selected for layoff may elect to bump into lower rated classifications for which they’re qualified to perform. The employee will inform the Company of his election to bump within one business day following his notice of layoff.

Section 7.3 In recall back to work, the employee with the most seniority qualified to perform in the open job classification shall be recalled first. The Company shall notify employees to be recalled by certified mail with return receipt. It is the responsibility of the employee to notify the Company of address change by certified mail with return receipt. The employee has three business days following notification of recall from the Company to accept the recall. The employee shall have ten (10) business days to return to work after receipt of notice unless extended by the Company.

Section 7.4 An employee shall lose his/her seniority and his continuous employment shall be broken for the following reasons:

(a) Resignation;

(b) Discharge for just cause;

(c) Layoff in excess of one year;

(d) Failure to return to work at the expiration of a leave of absence;

(e) Failure to return to work within ten (10) days after being recalled from layoff unless excused by the Company; or

(f) Absence of three consecutive workdays without reporting to the Company, except in case of an emergency.

Section 7.5 Each new employee shall serve a probationary period of ninety (90) days. If during the ninety-day period it is found that the new employee is not suitable for the job, his employment may be terminated at the Company’s sole discretion, without recourse.

ARTICLE 8

HOURS OF WORK AND OVERTIME

Section 8.1 No provision of this Agreement shall be considered as a guarantee of any specified number of hours of work, either per day or per week.

Section 8.2 Eight (8) consecutive hours, exclusive of a meal period of a minimum of thirty

(30) minutes, shall constitute an eight (8) hour work shift or nine (9) consecutive hours, exclusive of a meal period of a minimum of thirty (30) minute, shall constitute a Nine Eighty (9/80) normal work shift.

Section 8.3 The work week for payroll purposes shall consist of seven (7) consecutive calendar days beginning on Sunday and running through the following Saturday.

The normal work schedule shall be Monday through Friday. Any other schedule shall be an Odd Work Week (OWW). All work schedules shall have two (2) consecutive days off. If possible, the Company shall schedule an Odd Work Week so the consecutive days off falls on a Saturday or Sunday.

Section 8.4 All employees will receive two (2) uninterrupted paid fifteen (15) minute breaks per day: One (1) to be taken during the first half of their work day and one (1) to be taken during the second half of their work day. In the event any employee is required to work beyond any eight (8) hour work day, the affected employee will receive an additional paid fifteen (15) minute break prior to commencing additional work and during each two hour period of additional work.

Section 8.5 The starting time of the existing shifts will be as follows:

First Shift: Beginning between the hours of 5:00 a.m. and 9:00 a.m.

Second Shift: Beginning between the hours of 12:00 p.m. and 4:00 p.m.

Shift Premium: Employees covered by this Agreement assigned to the second shift shall receive a shift differential of Forty Cents ($0.40) per hour for all hours worked.

Section 8.6 Notice for mandatory scheduled overtime will be given as soon as practical after the Company, Contractor or governmental agency deems that overtime work will be required.

The Company will make an effort to distribute overtime as equitably as possible amongst employees in the affected classification(s).

The overtime rate will be time and one-half (11/2) times the employee’s regular rate of pay for all hours worked over forty (40) in a workweek and any hours worked over eight on a normal work day or nine if the employee is on a 9/80 schedule. Nothing in this Agreement shall be construed as to require the payment of overtime on overtime, or compounding of overtime, as a result of computing hours in accordance with this Article.

9/80 shift: For hours worked beyond nine (9) hours and up to twelve (12) hours in a day, an employee shall be paid one and one half (11/2) times the employee’s regular rate of pay and for hours worked beyond twelve (12) hours in a day, an employee shall be paid two times (2X) the employee’s regular rate of pay.

The overtime rate will be two times (2X) the employee’s regular rate of pay for all hours worked over the twelfth (12th) hour.

An employee who has not completed his/her probationary period, will not be assigned any overtime, unless all qualified senior employees in the same classification have had an opportunity to work the overtime, and it is determined by the Supervisor that the probationary employee is qualified to carry out the responsibilities to be assigned to the overtime.

All actual hours worked will be counted as time worked toward the computation of overtime pay.

ARTICLE 9

FIELD DUTY ASSIGNMENTS (TDY)

Section 9.1 Employees sent to off-site locations beyond 50 miles from the base and required to stay overnight shall receive per diem for lodging and meals. When travel requires commercial flight, all arrangements, including hotel and car rental, will be made through the Company Travel Service and paid for by the Company. Arrangements made for local car rentals and authorized by the Company will be reimbursed upon the presentation of proper receipts. The cost of shipping tools and equipment required for off-site work will be paid for by the Company. All Travel shall be in accordance with Company Policy and the Joint Travel Regulation (JTR).

Employees authorized by management to utilize their own vehicle for Company business, shall receive the standard mileage reimbursement per the JTR.

Section 9.2 Field Duty (TDY) assignment hours will be based on operational requirements.

Employees will be paid for a minimum of 8 hours at the applicable rate while on TDY assignment. Employees traveling during a covered work week will be paid a minimum of eight

(8) hours travel time in any one day (24 hour period). Travel on the employee’s sixth and seventh consecutive workday shall be based on the appropriate overtime premium rates covering the period of travel for a minimum of eight (8) hours.

Section 9.3 Employees, on Field Duty (TDY) will be covered by a company group travel accident policy.

Section 9.4 In the event employees are deployed to OCONUS sites, consideration for additional compensation will be based on a review of State Department guidelines on potential hostile or dangerous conditions and recommended to the government for approval.

ARTICLE 10

HOLIDAYS

Section 10.1 The following holidays are recognized: New Year’s Day, Martin Luther King Day, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Day After Thanksgiving, and Christmas Day.

A recognized holiday falling on a Saturday will be celebrated on the prior Friday; a recognized holiday falling on a Sunday will be celebrated on the following Monday. All other recognized holidays will be celebrated on the date of each holiday.

A bargaining unit employee to be eligible for holiday pay must come to work his/her regularly scheduled ‘work day’ preceding or following the celebrated holiday.

A bargaining unit employee who is required to work on a recognized holiday, but fails to report for and work on such recognized holiday, will not receive holiday pay. The Company has full authority for work requirements and the final decision related to holiday schedules. Eligible bargaining unit employees will receive holiday pay as follows: a bargaining unit employee regularly scheduled to work five (5) days per week, eight (8) hours per day, will receive eight (8) hours straight time pay for a celebrated holiday on which he/she performs no work. Eligible bargaining unit employees regularly scheduled to work a nine-eighty (9/80) shift, eight (8) or nine (9) hours per day will receive their scheduled (8) or nine (9) hours straight time pay for such celebrated holidays. If such bargaining unit employee works on such celebrated holiday, he/she will receive time and one-half pay for all hours worked plus eight (8) hour straight time pay for such celebrated holidays.

Section 10.2 Any additional holiday designated by Federal Government mandate or Presidential Executive Order that is observed by NASA will be observed in addition to the above as determined by operational requirements. Employees will not be paid holiday pay during these occasions but will be allowed to use their vacation leave or in accordance with Article 18, Section 2, will be allowed to use administrative leave.

Section 10.3 Any observed holiday, stated above, that falls on a Saturday or Sunday, will be observed under the same schedule observed by NASA Edwards AFB and NASA Palmdale.

When a holiday falls during an employee’s vacation, the holiday will not be charged as vacation.

The employee will receive holiday pay for the holiday.

ARTICLE 11

VACATION and PTO

Section 11.1 Active full-time bargaining unit employees shall receive two (2) weeks paid vacation after one (1) year of service; three (3) weeks after five (5) years, four (4) weeks after thirteen (13), five (5) weeks after twenty (20) years, and one (1) additional eight (8) hour day per year after thirty-one (31) or more years. Length of service includes the whole span of continuous service with the present contractor and with the predecessor contractors in the performance of similar work at the same Federal facility. Current Employees in their first year of employment as of the Effective Date (a) may keep and use the vacation they have accrued since commencement of employment; (b) shall continue to accrue vacation time until their first anniversary date; and

(c) shall thereafter be granted additional vacation on anniversary date(s).

Vacation time will be awarded in full on the anniversary date after one year of service and every anniversary date thereafter.

For the purpose of paid vacation time, a bargaining unit employee’s continuous service will start with his/her date of hire or the date he/she first reported for work with the Company or with a predecessor contractor performing similar contract work at the same Federal facility, whichever is earlier, and will continue until the bargaining unit employee is severed from the payroll with the following exceptions:

(1) Military Service. If a bargaining unit employee leaves the Company to join the Armed Forces of the United States because of induction or voluntary enlistment, and at a subsequent date is rejected or honorably discharged and returns for employment within a reasonable length of time not to exceed ninety (90) calendar days, his/her employment will be computed from the date of initial hire, deducting only the time he/she was absent.

(2) Compensation Cases. Bargaining unit employees who are away from work because of an injury sustained on the job, and who are drawing Workers Compensation, shall be considered in continuous employment for vacation purposes during the time of incapacity.

(3) Rehires. If a severance is initiated by the Company due to a reduction in force and the bargaining unit employee is rehired within a period of two (2) years from the date of severance, the continuity of employment will be considered unbroken, but the time not worked will be deducted.

(4) Leave of Absence. If a final severance has not been issued, there will be no break in the continuity of service; however, the period of leave of absence will be deducted and vacation will be pro-rated accordingly based on 2,080 hours.

When a bargaining unit employee takes vacation, such bargaining unit employee will be paid at the regular hourly rate of pay at the time the vacation is taken, excluding any shift differential.

(Note that shift differential is not paid on holiday pay, sick leave pay, bereavement, jury duty or military leave.) A full-time bargaining unit employee will be paid forty (40) hours pay for each full week of vacation taken. Vacation can be taken in less than full day increments of no less than one (1) full hour.

Vacation is to be paid in full in the event of severance from the Company’s payroll or death of a bargaining unit employee. The Company is not responsible for paying a bargaining unit employee for vacation benefits earned or accrued while that bargaining unit employee worked for a previous contractor.

Vacation schedules shall be arranged to comply with the bargaining unit employee’s wishes to the extent practicable; however, the final vacation schedules shall be at the discretion of the Company to insure continuous and efficient operations.

A vacation schedule shall be posted by December 1st of each calendar year and remain posted until December 15th. Vacations selected prior to the December 15th posting shall be awarded by seniority. Vacations selected after the December 15th posting shall be awarded on a first-come, first-served basis. The forecast and actual schedule of vacations shall remain posted for the entire year in a visible place for all bargaining unit employees to review.

It is expected that each bargaining unit employee will take vacation each eligible year, during such year.

Bargaining unit employees will not be forced to use vacation at any time.

Employees may carry over unused vacation equal to the amount of two (2) weeks’ vacation.

Vacation amounts in excess of this limit will be paid out to the Employee in his/her anniversary date pay period.

In the event of a change of contractors, the Company shall be responsible to pay out all unused vacation time resulting from the time period of the Company subcontract.

Part-time bargaining unit employees will receive prorated, per SCA regulations, vacation per year of sequential service with the contract, with accrual rate based on anniversary date. Newly-hired after the Effective Date part-time bargaining unit employees will receive their prorated vacation on their anniversary date after one (1) year of service and on every anniversary thereafter.

Section 11.2 Effective March 6, 2017, employees will accrue Personal Time Off.

Employees will continue to accrue Personal Time Off (PTO) at the rate of fifty six (56) hours per year (2.15 hours biweekly). Unused PTO will be cumulative and carry over from year to year.

Employees will begin accruing and may utilize PTO following their ninety (90) day probationary period.

(a) The Company reserves the right to require employees to obtain a physician’s statement showing the nature of their illness and verifying their inability to perform their duties after three (3) days of absence.

(b) PTO pay will be paid at the current straight time rate. PTO may be taken in fifteen (15) minute increments. PTO shall not be used in the computation for overtime. Sick leave may be used for personal time, personal illness, doctor and dental appointment.

(c) Employees requesting PTO should notify the Program Office or Site Supervisor as soon as the need for such leave is needed but in no case less than thirty (30) minutes following the start of their scheduled shift.

(d) Unused PTO will not be payable at termination of employment.

ARTICLE 12

WAGES AND JOB CLASSIFICATION

Section 12.1 The following hourly rates of pay shall prevail during the term of this Agreement:

Job Classification Existing Rate

Equity Increase May 1, 2017 May 1, 2018 May 1, 2019

Material Expeditor/Chemical Tool/ Crib Attendant

28.20 -- 29.05 29.92 30.81

Supply Technician 29.73 -- 30.62 31.54 32.49 Drafter/CAD Operator 36.57 -- 37.67 38.80 39.96 Engineering Tech 46.79 -- 48.19 49.64 51.13

All wage increases will take effect the beginning of the first full pay period in May of each year.

Section 12.2 Part-Time and Temporary Labor — The parties agree that no full-time employee shall be laid off during the term of this Agreement as a result of part-time workers employed by the Company. No part-time employee shall work more than thirty (30) hours in any week. Part-time employees shall not be utilized for TDY assignments. The ratio of employees shall not exceed fifteen (15) full-time to one (1) part-time employee.

Section 12.3 In all cases the full-time workforce shall be given the first right of refusal for all work assignments and temporary or part-time personnel will be used only when no qualified full-time employee volunteer for the assignments.

Section 12.4 Leads will be paid $1.00 per hour; no more than two assigned.

ARTICLE 13

HEALTH AND WELFARE

Section 13.1 The Company shall provide a “bona fide” group medical and benefits plan (GHP) to comprehensively include but not be limited to: Affordable Care Act (ACA) compliant major medical coverage and specialty benefits (such as Dental, Vision, Disability Insurance, Life Insurance and Employee Assistance Plan (EAP) and a Company 401(k) plan.

Section 13.2 Employees may waive participating in the Company’s ACA compliant major medical coverage with proof of enrollment in acceptable alternative primary coverage as defined by the Company’s “bona fide” fringe benefit plan. Tricare and Medicare do not qualify as acceptable alternative coverage, as they are deemed to provide secondary, not primary, health coverage for employees receiving Health & Welfare benefits under a government services contract, as here.

Section 13.3 Employees who provide sufficient proof or certification of alternative and qualifying ACA compliant major medical coverage must enroll in the Company 401(k) plan. All excess funds not used in the Company’s ACA compliant major medical plan will be applied to the Company 401(k) plan. An employee may elect to direct excess funds not used in the Company’s ACA compliant major medical plan to premiums for dependent coverage before being applied to the Company 401(k) plan. In the event of a conflict between this Agreement and the GHP, the terms of the GHP shall prevail.

If an Employee’s alternative primary health coverage ends, the employee must immediately notify the Company of the pending loss of alternative coverage and enroll in the Company’s ACA compliant major medical coverage or a qualifying, acceptable alternative to the Company’s GHP as defined by the bona fide fringe benefits plan at the next open enrollment period.

Section 13.4 Through November 30, 2017, the Company agrees to contribute six dollars and eighty cents ($6.80) per hour paid per employee, on up to forty (40) hours per week, to the respective Company’s “bona fide” fringe benefits plan defined in Section 1 above. This amount will increase by the amount of three percent (3.0%) each subsequent year of the Agreement, starting December 1, 2017, December 1, 2018, and December 1, 2019 respectively.

Section 13.5 The Company reserves the right to choose its respective “bona fide” fringe benefits plan, as well as which “bona fide” fringe benefits will be provided thereunder. The Company shall provide the Union advance notice as to any proposed changes, but may change their respective plans without negotiating changes with the Union.

ARTICLE 14

LEAVES OF ABSENCE

Section 14.1 Family and Medical Leave. The Company will offer family and medical leaves pursuant to the provisions of the Family and Medical Leave Act.

Section 14.2 Accrued Personal Time Off in Lieu of Leave. An employee has the option to use his or her accrued PTO (and therefore receive accrued personal time off pay) in lieu of and during any leave of absence without pay.

Section 14.3 Court Leave.

(a) An employee who is required to report for jury duty shall be entitled annually to be paid up to twenty (20) scheduled work days’ pay at the employee’s straight-time rate of pay for scheduled work hours lost as the result of such actual jury service requiring an appearance and attendance in court, less the amounts paid by the courts or government for that jury service, after the employee provides the employee’s manager with a copy of the jury summons, proof of service, and receipt or record of payment for jury service by the court or government. The provisions of this Article shall apply to a petit jury summons received by a bargaining unit employee prior to his date of hire.

(b) Upon receiving a summons or notification for jury duty, the employee shall inform his or her manager as soon as possible for scheduling the time off. Additionally, after the first day of jury service, if the employee is to serve any additional days on a jury, the employee will notify his or her manager as soon as possible by telephone call and/or voice mail message of the additional service, so the work scheduled can be modified to accommodate the employee’s absence. The employee must provide the Company with written verification from the court of his/her jury service.

(c) An employee who reports for such service, and who is either excused there from or completes the service during the period of normally scheduled work, shall immediately contact his or her immediate manager and report for work, if requested.

(d) If an employee is required to remain on jury duty in excess of twenty (20) work days, the employee may elect to either take the additional period away from work as from his or her balance of PTO or as leave without pay.

Section 14.4 Military Leave.

An employee who has completed his/her probationary period, who is called to and performs short term active duty of thirty (30) days or less, including active duty training as a member of the United States Armed Forces Reserves or National Guard, shall be paid the difference between the employee’s military rate and the employee’s straight time hourly rate of pay for a period of up to fifteen (15) scheduled working days per calendar year. The employee must present a copy of the employee’s orders to the Company as soon as they are received by the employee. Upon return from active short term duty, the employee must present pay vouchers so that the calculation of the difference in pay may be computed. The employee will be given a leave of absence for, and will accumulate seniority during such period of service. Employees required to report for military training in excess of thirty (30) consecutive days or those called to active duty shall be reinstated in accordance with the Uniformed Service Employment and Reemployment Rights Act. The parties to this Agreement shall comply with current applicable state and federal legislation regarding military service.

Section 14.5 Bereavement Leave. An employee shall be entitled to leave with pay for a maximum of three (3) working days in the event of the death of the employee’s parent, step-child, foster child, child, spouse, grand parent, parent-in-law, step-parent, brother, sister, or grandchild. Bereavement leave may be used only during the five (5) calendar day period commencing with the date of death. If requested by the employee, the Company may permit additional bereavement leave.

Section 14.6 Voting Leave. If voting polls are not open before or after an employee’s regular duty hours and the employee’s work schedule does not otherwise allow sufficient time for voting, the employee may be excused by his or her manager for a reasonable time up to two (2) hours with pay for the sole purpose of voting in national, state, local, or other official civil elections that occur in the county in which the employee lives and is a registered voter. Such paid time off for voting, however, will not be given or paid if the employee has had sufficient time to know in advance the work schedule for the election or voting day and failed to exercise available early voting or obtain an absentee ballot for voting purposes.

ARTICLE 15

SAFETY

Section 15.1 Safety Plan. All employees of the Company must have a complete understanding of the Company’s Safety Plan for the Edwards Air Force Base Project (hereinafter referred to as “the Company’s Safety Plan”). All employees of the Company shall adhere to and comply with the Company’s Safety Plan. A copy of the Company’s Safety Plan is appended hereto and incorporated herein in Appendix 3.

Section 15.2 Safety and Health Committee.

(a) A Safety and Health Committee shall be formed consisting of: (1) the Company’s Safety Manager at the Company’s facilities at Edwards Air Force Base, California; (2) managers or non-bargaining unit employees designated by the Project Manager; and (3) one (1) to two (2) employees selected by the Union from each of the Company’s work…