Attachment U - Collective Bargaining Agreement.pdf

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

CREATIVE MANAGEMENT TECHNOLOGY, INC.

AT THE NASA GLENN REASEARCH CENTER

AND

INTERNATIONAL ASSOCIATION OF MACHINISTS & AEROSPACE WORKERS,

DISTRICT LODGE 54, and LOCAL LODGE 439

TERM OF AGREEMENT

MAY 4, 2019 THROUGH MARCH 27, 2022

TABLE OF CONTENTS

PAGE ARTICLE DESCRIPTION

1 COVER PAGE

2 TABLE OF CONTENTS

3 COLLECTIVE BARGAINING AGREEMENT

3 I. RECOGNITION

3 II. UNION SECURITY

3-4 III. DUES CHECK-OFF

4-5 IV. HOURS OF WORK

5 V. OVERTIME AND PREIMUM PAY

5-6 VI. HOLIDAYS

6-7 VII. VACATION

7-8 VIII. INSURANCE COVERAGES

8 IX. NO STRIKE AND/OR LOCKOUT

8 X. UNION RIGHTS

8-9 XI. NEW EMPLOYEES

9-10 XII. GRIEVANCE PROCEDURE & ARBITRATION

11 XIII EQUAL EMPLOYMENT OPPORTUNITY

11 XIV. JURY DUTY

11-12 XV. WAGES

12 XVI. PERSONAL LEAVE/SICK LEAVE

12-13 XVII. LEAVES OF ABSENCE

13 XVIII. CALL-IN TIME

14-15 XXIX. SENIORITY

15 XX. BULLETIN BOARDS

15 XXI. SUCCESSORS AND ASSIGNS

15 XXII. IAMNPF 401(k) SAVINGS PLAN

15 XXIII. GOVERNMENT SHUTDOWN

15-16 XXIV. MISCELLANEOUS

17 XXV. TERM OF AGREEMENT

18-21 EXHIBIT A IAMNPF 401(k) PLAN SCL

22 EXHIBIT B EMPLOYEE, CLASSIFICATION, SENIORITY, SHIFT, WAGE

COLLECTIVE BARGAINING AGREEMENT

Effective as of the 4th day of May 2019, Creative Management Technology, Inc. (CMTI)

(hereinafter called the “Company”), and the International Association of Machinists and

Aerospace Workers, District Lodge 54, Local Lodge 439 (hereinafter called the “Union”), hereby agree as follows:

ARTICLE 1. RECOGNITION

Section 1. The Company recognizes the Union as the exclusive collective bargaining representative with respect to rates of pay, wages, hours of employment and other conditions of employment for all full time and regular part-time custodial maintenance employees, as defined in NLRB Case No. 08-RC-237069, employed by the Employer at the facility located at 21000 Brookpark Road, Building 351, Cleveland, Ohio 44135, on the NASA

Glenn Research Center, Cleveland, Ohio and NNC14CAHC Order Contract (or any successor contract). All other positions and classifications shall be excluded, including, office clerical employees, guards and supervisors as defined in the Act.

Section 2. The term “employees” as used in this Agreement means employees included in the above-described bargaining unit. All use of pronouns in this Agreement, unless otherwise specifically indicated, is intended to be inclusive and shall not be limited in reference to individuals of any particular gender or sexual orientation. Accordingly, use of the male singular pronoun in this Agreement shall not be construed as limited in its reference to males, or any particular sexual orientation.

Section 3. The term the “Center” refers to the entire NASA Glenn Research Center business complex on a part of which the Company employs the bargaining unit employees performing site custodial maintenance.

ARTICLE II. UNION SECURITY

Section 1. It is a condition of employment that all present employees in the bargaining unit defined in Article I who are or become members of the Union shall remain members in good standing or tender to the Union the initiation fees and periodic dues that are the obligation of members. All employees who are hired into the bargaining unit on the thirty-first (31st) day following the beginning of their employment, shall become and remain members in good standing or tender to the Union the initiation fees and periodic dues that are the obligations of members of the Union as a condition of employment. The Union shall make membership available to new employees without discrimination with all applicable Federal contracts.

ARTICLE III. DUES CHECK-OFF

Section 1. The Company shall deduct, as to each employee who shall so authorize it in writing, in a form required by law while this Agreement is in effect and such written authorization is in force, the regular monthly dues of the Union. Deductions shall be remitted to the Union within twenty (20) working days of said deductions. The Union agrees to indemnify and hold the

Company harmless against any and all claims, demands, suits or other forms of liability that may arise out of, or by reason of, action taken or not taken by the Company harmless against any and all claims, demands, suits or other forms of liability that may arise out of, or by reason of, action taken or not taken the Company in complying with any provision of this Article, in reliance upon the written authorization forms which have been furnished to the Company. Initiation fees will be deducted after thirty-one (31) days as set forth by the Union.

Section 2. The Company shall furnish upon request of the Union no more frequently than quarterly information regarding bargaining unit members. Such information shall be transmitted electronically in a common commercially-available electronic format specified by the Union, and shall include the employee’s full name, social security number, wage rate, work site address, hire date, hours worked in a month for which payment has been made, home or mailing address*, home phone number*, personal wireless telephone number*, electronic e-mail address*, and amount of dues paid during the current month of payment. The Company shall provide information marked with an “*” if the employee has elected to provide the information to the

Company.

ARTICLE IV. HOURS OF WORK

Section 1. For the purposes of definitions with regard to benefits, a full-time custodial employee is defined as regularly working thirty (30) hours or more per week. A part-time custodial employee is defined as regularly working less than thirty (30) hours per week.

Section 2. A half hour unpaid lunch period shall be scheduled by the company approximately halfway through the shift for full-time employees.

Section 3. The Company agrees to maintain Forty (40) hours per week positions for those employees in such positions as of May 1, 2019.

Section 4. The Company provides custodial maintenance five (5) days a week from Monday through Friday and weekend work as required.

Section 5. The Company shall have the right to establish starting and ending times for all shifts.

Section 6. All shifts are subject to the enumerated holidays as that term is defined in Article VI.

Section 7. Shift/Weekend Premiums

A premium of $0.25 per hour will be paid for all hours worked on any other 2nd shift and $0.25 per hour will be paid for all hours worked on any other 3nd shift established during the life of this contract.

Section 8. The Company agrees to six (6) minute grace period for purposes of docking only.

ARTICLE V. OVERTIME AND PREMIUM PAY

Section 1. The provisions of this Article are intended only to provide the basis for calculation and payment of overtime and shall not be construed as a guarantee of any specific overtime hours.

Section 2. Voluntary overtime will be offered to the most senior qualified employee assigned to the area requiring overtime, first. If there are no volunteers for required overtime, the work will be assigned to the junior qualified employee assigned to the area first.

Section 3. The Company reserves the right to require covered employees to perform overtime and weekend work in order to meet customer and other operational needs.

Section 4. Employees shall be paid for all hours worked in excess of the employees' forty hours (40) in a normal work week, at 1 and 1/2 times the regular hourly of pay. For purposes of computing overtime, overtime pay is calculated based on actual hours worked. Work performed on a Saturday that is outside the employee’s normal schedule will be paid at 1 and ½ times the regular rate of pay. Work performed in excess of 12 hours in one work day and/or on a seventh (7 th) day of work in a normal work week will be paid a 2 times the regular rate of pay. Work performed on a Holiday, hours will be calculated towards an employee’s forty (40) hour work week. Work performed on any Holiday except for the Employee Birthday will be paid 1 and ½ times the regular rate of pay.

Section 5. No overtime shall be worked except by specific direction from the Company.

Section 6. There will be no pyramiding of overtime.

ARTICLE VI. HOLIDAYS

Section 1. The following holidays or day(s) observed as such shall be paid holidays under this

Agreement:

New Year’s Day Veteran’s Day

Washington’s Birthday Thanksgiving Day

Memorial Day Christmas Day

Independence Day Employee’s Birthday

Labor Day Martin Luther King’s Birthday

Columbus Day

Section 2. It is agreed that the phrase above, “or day(s) observed as such”, means the day(s) on which the Government substantially reduces the normal activities at NASA Glenn Research

Center, the Center is in a ‘holiday or weekend mode” and the Government employees at NASA

Glenn Research Center celebrate the holiday. For the Employee’s Birthday, the day observed for the Employee’s Birthday must be in a plus or minus five (5) day window from the Employee’s actual birth date. The employee must submit a leave request form five (5) days prior to his/her supervisor for approval.

Section 3. On days which are not enumerated in the first paragraph above, when because of special events or occasions, i.e., administrative holiday, inclement weather or other acts of God, or situation restricting operations for short durations during which the Government substantially reduces the normal activities as NASA Glenn Research Center because of the special occasion or events, the number employees required to work will be restricted to the number essential to maintain services. These employees will be paid 1 and ½ times the straight time rate.

Section 4. Unless vacation time has been scheduled and approved by the Company, the employee must work the day before and the day after the holiday in order to be paid for the holiday.

Section 5. Part-time employees will receive holiday pay on a pro-rata basis.

ARTICLE VII. VACATION

Section 1. Each full-time employee shall be eligible for paid vacation on the following basis:

On the FIRST anniversary of full-time employment:

Two (2) weeks

On the THIRD anniversary of full-time employment:

Three (3) weeks

On the TENTH anniversary of full-time employment:

Four (4) weeks

On the TWENTIETH anniversary of full-time employment: Five (5) weeks.

Employees hired before May 1, 2004 on the FIFTEENTH anniversary of full-time employment: Five (5) weeks.

Section 2. Payment shall be based on regularly scheduled hours of work. Example: regularly scheduled to work 32 hours per week and is entitled to 2 week’s pay will receive 64 hours of vacation pay.

Section 3. While every effort will be made by the Company to accommodate employee vacation preference, vacation scheduling will be determined solely by the

Company in accordance with the operational requirements of the Government.

Section 4. Employees may take vacation time incrementally, on a preapproved basis.

Section 5. Employees who leave employment during the year will receive earned but unused vacation pay.

Section 6. Vacation hours will be accrued on a per pay period basis. Employees must be in a paid status 50.1% of the pay period to be eligible for the accrual, except if an employee is on approved medical leave, in which case they may accrue vacation for up to two (2) months while in a non-paid status.

Section 7. Employees may not carry over more than one (1) week of earned but unused vacation hours.

Section 8. Any employee who spends three hundred (300) hours of his/her time in a higher paid classification will receive vacation pay based upon his/her average earnings in the preceding 12 month period.

ARTICLE VIII. INSURANCE COVERAGES

Section 1. The Company will provide a comprehensive health and welfare benefit program for all full-time employees, including hospitalization, medical, surgical and prescription benefits.

Section 2. The Company shall pay the following amounts per eligible employee per month for medical coverage for each employee in the bargaining unit. All monies shall be used to pay for single coverage only: Effective May 1, 2019, $675.00 per month for the duration of this

Agreement.

Section 3. Alternative carriers or changes in benefit levels as long as they are the same or better or mutually agreed to by the parties may be made during the life of this Agreement, but no more often than once each year. However, the total premium payment set forth above shall not be increased as a result of any change in benefit levels or carriers; and if an alternative program is adopted which carries a monthly lower cost than the aforesaid total premium payment, the

Company shall be obligated to pay only the lesser amount. The Company shall notify the Union before any changes are made to the health and welfare benefits.

Section 4. Supplemental Benefits, in addition to health insurance, the employee shall have the right to designate the option or options in the Company’s group benefits program. The cost of the plan(s) will be split

50/50 by the Company (50%) and the Employee (50%). Below is a list of group benefit plan options that will be offered by the Company. All plans and coverages are subject to the then current terms and conditions of such plans and coverages. Employees will be provided all plan coverage booklets.

i. Dental Insurance

ii. Vision Insurance

iii. Short Term Disability

Section 4. Effective June 1, 2019, All full-time union employees that elect not to participate in the company health and welfare program mentioned in Section 1 above will be paid Two

Hundred ($200.00) Dollars per month.

ARTICLE IX. NO STRIKE AND/OR LOCKOUT

Section 1. The employees shall not strike, including any sympathy strike, cease work our purposely slow down or absent themselves without good cause while this Agreement is in effect.

The Company agrees not to lock out its employees while this Agreement is in effect. The violation of this article by an employee shall be just cause for his termination. All disputes and disagreements over weather an employee violated this article shall be handled in a manner set forth in Article XII entitled “Grievance Procedure” and Arbitration” but the arbitrators jurisdiction shall be limited to determining whether the employee violated this article. The arbitrator shall have no authority to overrule or change any discipline administered by the company.

ARTICLE X. UNION RIGHTS

Section 1. The Company agrees that the Union may conduct union business at the work site during nonworking time in nonworking areas provided all visitor requirements of the

Government are fulfilled and such business does not interfere with employee(s) scheduled work or operation of the contract with the Government.

ARTICLE XI. NEW EMPLOYEES

Section 1. New employees shall serve a probationary period of ninety (90) days before becoming regular employees and covered by this Agreement. During each probationary period, the employees may be disciplined, suspended or discharged, with or without cause, and any such action shall not be subject to the Grievance Procedure or Arbitration as contained within this

Agreement. Upon completion of the probationary period, an employee shall accumulate seniority from the most recent date of hire.

Section 2. A part-time employee is defined as an employee working less than thirty (30) hours per week. Part-time employees shall not be utilized to displace the company’s existing complement of full -time, bargaining unit employees.

Section 3. It is further agreed that the Union recognizes the right of the Company to establish fill-in, seasonal, or temporary employees not to exceed ten (10%) percent of the total workforce under the following conditions. A fill-in or seasonal employee is defined as either an employee hired to replace a regular employee on a leave of absence, vacation or illness, or an employee hired to perform seasonal duties. Such employees shall not be utilized to displace full-time employees.

Section 4. Part-time, employees shall be offered, by seniority, available full-time positions as openings occur, after such openings have been posted, provided the employee is qualified to fill the open position.

ARTICLE XII. GRIEVANCE PROCEDURE AND ARBITRATION

Section 1. Should any employee believe that any provision of this agreement is violated, the committee shall be notified immediately of the grievance and the matter shall be taken by the employee accompanied by his/her steward, or in his/her absence a member of the shop committee, in the following steps:

Step 1. Supervisor

An employee who believes he/she may have a grievance shall notify his supervisor in writing of the possible grievance within five (5) working days of the occurrence or the facts giving rise to the grievance. The supervisor will schedule an informal meeting with the employee, and his/her chief steward, or in his/her absence a member of the shop committee, within two (2) days of the notice from the employee, at which time the issue in dispute will be discussed with the objective of resolving the matter informally. The Supervisor shall give his/her answer in writing within five (5) days of the meeting.

Step 2. Manager

If the dispute is not resolved informally at Step 1, it shall be reduced to writing by the grievant and presented as a grievance to the Manager within five (5) days of the informal meeting or notification of the supervisor’s decision at Step 1, whichever is later, but not later than ten (10) days from the date of the meeting if the Supervisor fails to give the employee an answer. The

Manager shall convene a meeting within five (5) days of receipt of the grievance. The meeting will be held with the grievant and his/her chief steward and the respective shop committee member. The Manager shall give his/her answer in writing within five (5) days of the meeting.

Step 3. Business Agent/Company Representative

If the grievant is not satisfied with the written decision at the conclusion of Step 2, a written appeal of the decision may be filed for intervention by the Union’s Business Representative and the Company Representative within seven (7) days from the date of the rendering of the decision at Step 2, a hearing shall be convened between the parties within fourteen (14) days of receipt of appeal. The Company Representative shall issue a written decision to the Business

Representative within fourteen (14) days from the date of the hearing.

Step 4. Arbitration

If the grievance is not satisfactorily settled at Step 3, the Union, may within twenty (20) days after receipt of the Step 3 answer, submit the grievance to arbitration by requesting the Federal

Mediation and Conciliation Service to furnish a panel of seven (7) names of arbitrators from which an impartial arbitrator shall be selected by the parties. The Union shall copy the Company on this request. The impartial arbitrator shall be selected by the alternate deleting of names from the panel by the parties. The party to first delete a name shall be decided by the toss of a coin.

The other party shall select a second name, and so on until only one name remains, and this shall be the name of the impartial arbitrator who shall hear the case.

The decision of the arbitrator shall be final and binding upon both parties. The arbitrator shall have authority to make decisions only on grievances or disputes relating to the interpretation or performance of the Agreement and shall not have power to add or to subtract from or modify the terms of this Agreement. Each party shall bear its own expenses. All expenses of the arbitrator shall be paid one-half by the Company and one-half by the Union.

Section 2. It is agreed that each member of the Shop Committee, while in conference with representatives of the company on grievances shall receive his/her applicable rate of pay for all time spent in such grievance meetings.

Section 3. The shop committee shall consist of the chief steward and a steward committee representative for each respective shift – no more than four (4) total. Regular committee representative can only attend grievance meetings for grievances specific to their given shift.

Section 4. For purposes of the grievance procedure, days shall be defined as regular working days. Time limits in the above referenced procedure can be waived upon mutual agreement of the parties. Time is of the essence under this Article. If the employee or the Union fails to meet any deadline set out in this Article, the grievance shall be void and no arbitrator shall have authority to grant the grievance.

ARTICLE XIII. EQUAL EMPLOYMENT OPPORTUNITY

The Company herein recognize their respective responsibilities under Federal Law, regulations, directives and Executive Orders and Ohio law regarding nondiscrimination in employment and union membership matters and agree jointly to promote and to assure equal employment and promotion opportunities for all qualified person with regard to race, color, creed, national origin, religion, age, sex, or disability or other legally protected status, employed or seeking employment under the Government contract covered by this Agreement.

ARTICLE XIV. JURY DUTY

Each full-time employee serving as jury member will be compensated for time lost because of jury duty on the basis of the difference between regular straight time earnings and the amount received as jury fees. Compensation will be limited to the hours the employee was scheduled to work on the day(s) he/she is summoned for jury duty up to a maximum of 8 hours per day and 40 hours per week. The Company shall require employees to supply written documentation from the court of jury service, dates and times.

ARTICLE XV. WAGES

Section 1. Effective May 1, 2019, starting hourly wages for custodial employees are as follows:

Employees hired Employees hired before May 4, 2019 after May 4, 2019

A. Classification Hourly Wage Rate Hourly Wage Rate Custodian (minimums)* $12.94 $12.94 Effective Dec. 1, 2019 $13.50 $13.50 Effective Jan. 1, 2020 $14.25 $14.25 Effective Feb. 1, 2020 $15.00 $15.00 Effective Mar. 1, 2020 $15.75 $15.00 Effective Apr. 1, 2020 $16.57 $15.00 Floor Tech $17.19 $16.50 Clean Room Technician $19.06 $18.00

* Those custodians whose wage rate is greater than the applicable amount set forth above shall continue to receive their existing rate so long as it is greater.

B. List of all classifications is as follows: Custodian, Crew Leader, Floor Tech, Clean Room

Tech.

C. Effective December 1, 2019, the following classifications listed in Exhibit B Custodian, Crew Leader, Floor Tech and Clean Room Tech will receive a 1.00% wage increase.

D. Effective December 1, 2020, all classifications listed in Article XV, Section (B) will receive a 1.50% wage increase.

E. D. Effective December 1, 2021, all classifications listed in Article XV, Section (B) will receive a 2.00% wage increase.

Section 2. The wage increases in the current Agreement are contingent upon NASA reimbursing the Company for the monetary value of the wage increases. The Company will pay the annual increases effective at the time it receives reimbursement, and if reimbursement is retroactive to an earlier date, the Company will issue retroactive pay.

Section 3. Employees will be paid the rate of pay for the work performed in each classification. In the event an employee works in differed classifications during the same work week, the employee will be paid applicable rate for each hour.

Section 4. Work performed under the any classification shall include an addition $1.00 per hour for bio cleanups, sand room cleaning, and any work required a respirator or which takes place in a confined space.

Section 5. Anyone classified as “Crew Leader (Custodial)” shall receive a $0.30/hour wage increase as of the ratification date of this Agreement.

ARTICLE XVI. PERSONAL LEAVE/SICK LEAVE

Section 1. Each full-time employee will receive three (3) personal days and two (2) sick days on

1/1 each year, after the first year of employment, with pay, to be used within the calendar year. Up to twenty four (24) hours of paid sick leave can be carried over from one year to the next but cannot be used in conjunction with vacations or holidays. Personal and Sick day pay shall be based on the employees regularly scheduled hours for that time.

Section 2. Employees will not be paid for unused sick leave if they leave the Company’s employment for any reason.

ARTICLE XVII. LEAVES OF ABSENCE

Section 1. UNION LEAVES

Employees elected as officers, executive board members, or delegates to conferences and conventions of the Union shall be granted a leave of absence without pay to attend such meetings for a period of time to one (1) week or less provided they make prior written application to the Company. Such leaves will be limited to one (1) employee per year. Employees elected or appointed an officer or executive board member of Union may be granted reasonable time off from work without pay, with the approval of the Project Manager, to attend specifically called Union meetings, provided they make prior written application to the Company. Such absences from work shall be granted provided they do not unreasonably interfere with production.

Section 2. BEREAVEMENT LEAVES

The Company will pay three (3) days bereavement pay (Four (4) days if travel is in excess of 200 Miles) in the event of the death of a full-time employees spouse, mother, father, grandparent, grandchild, mother-in-law, father-in-law, child, step-child, sister, brother or legal guardian, provided the employee attends the funeral of the deceased.

Such funeral leave shall be limited to straight-time pay. Additional time may requested but if approved, will be without pay unless earned vacation time is available.

Section 3. MILITARY LEAVES

The Company shall comply with the requirements of all applicable Federal and State statutes covering the job rights of employees who are in the U.S. Armed Service, National Guard or Reserves.

Section 4. FAMILY LEAVES

The COMPANY shall comply with the requirements of the Family Medical Leave Act at such time as it becomes applicable.

Section 5. INJURY ON THE JOB

Any employee (full-time, part-time or temporary) who is injured on the job during the hours of his/her scheduled shift and is sent home because of such injuries, shall receive his/her regular shift rate of pay for the time actually worked, and for the balance of his/her scheduled shift.

Section 6. MEDICAL LEAVES OF ABSENCE

Full-time employees shall be granted a sick leave of absence for up to a period of six (6) months, subject to medical verification at the request of the Company. An employee on sick leave of absence shall retain but not accumulate seniority while on a leave of absence. Such leave will be without pay or benefits, excluding sick and disability payments, to which they may be entitled. A regular full-time employee shall retain full vacations rights while on sick leave of absence. Employees on medical leave of absence shall only accrue vacation during their first two (2) months of the leave of absence.

Section 7. PERSONAL LEAVE OF ABSENCE

Unpaid personal leaves of absence of up to one (1) month may be granted for compelling personal reasons such as a death in the immediate family, etc. In no instance will personal leaves be granted for the purpose of accepting employment with another company. Personal leaves shall not be used to extend vacations or holidays.

Section 8. FAMILY AND MEDICAL LEAVE OF ABSENCE

Family Medical Leave of Absence will be administrated in accordance with the Family Medical

Leave Act.

ARTICLE XVIII. CALL-IN-TIME

Any time an employee is called in to work when he/she is not scheduled to work, he/she will receive a minimum of four (4) hours pay at the prevailing rate governed by Article V &

Article XV.

ARTICLE XIX. SENIORITY

Seniority with the COMPANY will be determined by each employee’s original starting date with any service contractor at NASA Glenn Center in any of the work groups covered by this

Agreement. That is, seniority of site maintenance employees acquired with predecessor employers will be recognized as Company seniority under this Agreement.

Seniority within a work group will also be recognized, but only with respect to vacation eligibility, promotions, transfers and work assignments within the work group. For purposes of this paragraph, one work group will consist of the custodial maintenance classifications (Custodian, Crew Leader, Floor Tech, Clean Room Tech); the other work group will consist of all other classifications. Work group seniority begins on the date an employee hires into, or permanently transfer into, one of the work groups.

Any employee who transfers into another work group on any basis other than a temporary assignment or temporary transfer will be required to satisfy the Union membership obligations of the Union service the work group he is entering, pursuant to Article III above.

Layoffs and recalls within a work group will be based on Company seniority, provided that employees who are retained or recalled must be immediately qualified and competent to perform all aspects of the work in the particular classification. Employees scheduled for layoff may displace employees with less Company seniority, in any classification within their work group covered by this Agreement, provided that he employee exercising seniority rights is immediately qualified to perform the work in question.

In all cases of work assignments, promotions and transfers, but not layoffs and recalls, the

Company shall have the right to select the employee who, in the Company’s best judgement, is better qualified to perform the work, with seniority being recognized only in those cases in which the Company determines that qualifications of two eligible individuals are equal. All decisions regarding the qualifications and competence of employees under this Article will be made by the

Company, and such decisions will be deemed conclusive in the absence of evident of arbitrariness, discrimination or abuse of discretion.

The Company shall post all vacancies for at least three (3) days. Any employee wishing to be selected shall fill out a bid request through the Company office. The employee with the best qualifications, as determined by the Company, shall be awarded the job. If the qualifications are relatively equal, then seniority shall prevail.

The Company reserves the right to maintain and uphold the percentages of the work force as suggested by the Department of Labor for affirmative action.

Ties in seniority will be broken by giving preference to the lower number comprised by the last four (4) digits of the employee’s social security numbers.

The Company will layoff in the following order:

a) Temporary employees

b) Probationary employees

c) Part-time employees

d) Full-time employees

ARTICLE XX. BULLETIN BOARDS

The Company will seek the permission of NASA Glenn Research Center for the use of exiting bulletin boards in facility locations to be identified by the Union. The posting of items shall be the responsibility of the Chief Steward. Under no circumstances will items be posted on said bulletin boards without the prior permission of the Company’s Project Manager, except that permission will not be unreasonably withheld.

ARTICLE XXI. SUCCESSORS AND ASSIGNS

The provisions of this Agreement shall be binding upon the Company and any entity that becomes the Company’s successor through a merger or acquisition, and this Agreement will not be affected or changed in any respect by any change in the legal status, ownership or management of the Company.

ARTICLE XXII. IAMNPF 401(k) SAVINGS PLAN

Section 1. Effective July 1, 2019, the Company shall permit its Union members to participate in the I.A.M. National 401 (k) Plan. The Company shall execute the Standard Contract Language as outlined in Exhibit A (IAMNPF 401 (k) Plan) and shall give members an opportunity to meet with a Plan representative at the worksite and on their own time.

Section 2. For the period December 1, 2019 through March 27, 2022, the company will contribute on behalf of each active employee $0.50 cents per hour (capped at 40 hours per week) to the IAM National 401(k) Plan. Refer to the terms of the IAM National 401 (k) Plan Booklet for details.

Section 3. By reference, the IAM National 401(k) Savings Plan Standard Contract Language

CBA Insert is a part of this agreement.

ARTICLE XXIII. GOVERNMENT SHUTDOWN

In case of a government shutdown, if the Company is reimbursed (paid) by the government for the period of the shutdown, the Company will pay all employees their lost wages, etc. within a

Seven (7) day period.

ARTICLE XXIV. MISCELLANEOUS

Section 1. The Company will furnish, at its expense, five (5) changes of work clothes each week to each employee actively at work.

Section 2. Company agrees to post fixed thirty (30) minute lunch periods with flexibility in taking fifteen (15) minute breaks to be as near the center of the work period as practical. An additional ten (10) minute break shall be provided after ten (10) hours worked. Employees may punch the time clock at six (6) minutes prior to the end of each regular shift for wash up.

Section 3. All use of pronouns in this Agreement, unless otherwise specifically indicated, is intended to be inclusive and shall not be limited in reference to individuals of any particular gender or sexual orientation. Accordingly, use of the male singular pronoun in this Agreement shall not be construed as limited in its reference to males, or any particular sexual orientation.

I.A.M. NATIONAL 401(K) FUND

STANDARD CONTRACT LANGUAGE

CBA INSERT

A. The undersigned employer wishes to contribute to the I.A.M. National 401(k)

Fund (the “Fund” or “Plan”) for all of its employees who are working under a

Collective Bargaining Agreement with the International Association of Machinists

& Aerospace Workers effective ________________through ______________ (the

“CBA”). This Agreement shall remain in effect until the employer is no longer required to participate in the Plan.

B. Elective Contribution Option – The parties to the CBA may agree to Elective

Contributions by the employees working under the CBA.

Will the employer make authorized pre-tax and/or after-tax deductions of a percentage of the employees’ gross wages for each pay period for any employee covered by the CBA who has enrolled and authorized that such payroll deduction be made? Yes No

If yes, Elective Contributions will be effective ____________________________.

C. Automatic Payroll Deduction Option – Automatic enrollment is not required, but this section must be completed:

The parties to the CBA may agree to automatically enroll all employees working under the CBA in the Plan.

Will all employees covered by the CBA be automatically enrolled in the Plan?

Yes No

If yes, please indicate the fixed percentage: ______%

If automatic enrollment is elected, then the employer is required to deduct the fixed percentage above from each employee’s gross wages and remit it to the

Fund. These amounts must be forwarded to the Fund Office no later than the date described in paragraph “E” below, unless the employee affirmatively elects (1) not to have the automatic deduction, or (2) to have a different percentage deducted from his or her wages.

D. Employer Contribution Option – The parties to the CBA may agree to an

Employer Contribution on behalf of the employees working under the CBA.

Will the Employer make a contribution on behalf of the employees? Yes No

If yes, indicate the form of the Employer Contribution by checking and completing the applicable option below:

Employer Match: The Employer will match ____% of the employees’ total pre-tax contributions up to _____%.

July 1, 2019 March 27, 2022

July 1, 2019

Employer Contribution: Employer will contribute $_______ per hour for each hour worked to a maximum of forty (40) hours per week.

Other: _____________________________________________________

Please indicate the frequency of payment of the Employer Contribution only (for example, pay period, monthly, quarterly): ___________________

E. Contributions required under paragraphs “B” and “C” above must be made on the earliest date on which the deducted amounts can be reasonably segregated from the employer’s general assets, but in no event received later than the seventh (7th) business day following the date that payments are made to the employee (“Due

Date”). Otherwise, the Fund will consider a contribution to be delinquent, subject to collection under the Fund’s rules.

F. A newly-hired employee will become a Plan participant after completing one hour of service, unless the CBA calls for the employee to complete a probationary period. However, for purposes of participating in the Plan, in no event can a probationary period be longer than 1,000 hours of service from the date of hire.

G. The employer agrees to make deductions from the employee’s wages of any amounts required by the Fund to pay back a loan taken from the Fund by the employee, if applicable. Such amounts will be deducted and remitted to the Fund in accordance with the Fund’s timing rules for contributions found in paragraph

“E.”

H. The employer agrees to implement the deferral elections made by the employees who are working under the CBA, and to provide the Trustees of the Fund (the

“Trustees”) with all compensation information and other data needed for the

Trustees to administer the Plan in accordance with its terms and applicable law.

I. The employer agrees to be bound by (i) the I.A.M. National 401(k) Fund Trust

Agreement, including all amendments thereto, whether adopted before or after the date of this Agreement (the “Trust Agreement”), which is incorporated into this

Agreement and made a part hereof, (ii) any rules and regulations adopted by

Trustees in administering the Fund, and (iii) the terms of the Plan document currently in effect and as may be amended from time to time.

J. No oral or written modification of this Agreement shall be binding on the Fund unless agreed to in writing by an authorized representative of the Fund. No grievance procedure, settlement, or arbitration agreed to by the parties to the CBA shall be binding on the Fund, unless the Fund has agreed to be a party to such proceeding.

K. This Agreement shall become effective as soon as practicable following its acceptance by the Trustees. No employee deductions shall be remitted to the Fund until the parties to the Agreement are provided notification of acceptance by an authorized representative of the Fund.

0.50

Employer Contributions become effective December 1, 2019.

bi-weekly

L. The employer shall allow the Fund to audit the payroll and wage records of the employer as necessary to determine whether and to what extent the employer has made the contributions required herein and the employer agrees to comply with the provisions of the Trust Agreement and Fund rules relating to such audits. The employer agrees to cooperate in the performance of such audits and shall pay any amounts determined to be due as a result of any such audit including, in certain circumstances, the costs to perform the audit, promptly upon demand by the Fund.

The employer agrees to be bound by the terms and conditions of the Fund’s Trust

Agreement.

M. The employer understands that its participation in the Plan is conditioned on the employer’s compliance with the participation, coverage and non-discrimination requirements of the Internal Revenue Code (the “Code”), and the Plan not being a top-heavy Plan with respect to the employer’s non-bargaining unit employees. If

(i) the employer fails to comply with the Code requirements referenced in the previous sentence, or (ii) the Plan is top-heavy with respect to the employer’s non-bargaining unit employees, or (iii) the employer fails to provide information, certifications or additional sums required by the Trustees, the participation of the employer’s employees shall terminate.

-- END OF STANDARD CONTRACT LANGUAGE –

[The remainder of this page is intentionally left blank.]