Attachment_J_-_ETIS_II_Local_1501_IBEW_CBA_2015-2017_Final.pdf

AGREEMENT

BETWEEN

SIERRA LOBO ENGINEERING AND TECHNICAL SERVICES,

and

TELOPHASE,

and

INTELLECTECHS, INC.

and

PINNACLE ENGINEERING AND MANAGEMENT SOLUTIONS

and

GENESIS ENGINEERING

AND

LOCAL 1501

INTERNATIONAL BROTHERHOOD

OF ELECTRICAL WORKERS

AFL-CIO, CFL

GODDARD SPACE FLIGHT CENTER

GREENBELT, MARYLAND 20771

DATED: October 1, 2015 through September 30, 2017 ii

TABLE OF CONTENTS

ARTICLE II GENERAL PROVISIONS

ARTICLE IV UNION SECURITY

ARTICLE V STRIKES AND LOCKOUTS

ARTICLE VI GRIEVANCE AND ARBITRATION PROCEDURE

ARTICLE VII UNION REPRESENTATION

ARTICLE VIII SENIORITY SYSTEM

ARTICLE IX EXCUSED ABSENCE AND LEAVES OF ABSENCE

ARTICLE X WAGES

ARTICLE XI HOURS OF WORK AND PREMIUM PAY

ARTICLE XII VACATIONS

ARTICLE XIII HOLIDAYS

ARTICLE XIV PAID ABSENCE ALLOWANCE

ARTICLE XV DEATH/BIRTH IN THE FAMILY PAY

ARTICLE XVI MILITARY RESERVE DUTY

ARTICLE XVII JURY/WITNESS SERVICE

ARTICLE XVIII SEVERANCE PAY

ARTICLE XIX TUITION REFUND PROGRAM

ARTICLE XX PROFESSIONAL SOCIETIES

ARTICLE XXI GROUP INSURANCE

ARTICLE XXII GROUP DENTAL PROGRAM

ARTICLE XXIII RETIREMENT PLAN

ARTICLE XXIV SECURITY REGULATIONS

ARTICLE XXV WORK RULES

ARTICLE XXVI EYE EXAMINATION AND EYE GLASSES

ARTICLE XXVII SAFETY SHOES

ARTICLE XXVIII RETENTION, PRODUCTIVITY & MORALE PROGRAM

iii

AGREEMENT

THIS AGREEMENT made and entered into this 1st day of October 2015, by and between Sierra

Lobo Engineering and Technical Services, Telophase, IntellecTechs, Inc., Pinnacle Engineering and Management Solutions, and Genesis Engineering at Goddard Space Flight Center, Greenbelt, Maryland 20771, (hereinafter referred to as the “Company”) and Local 1501 of the International

Brotherhood of Electrical Workers, 123 Church Lane, Cockeysville, Maryland, 21030 (hereinafter referred to as the “Union”).

In consideration of the mutual promises made herein, the parties agree as follows:

ARTICLE I

RECOGNITION

For the purposes of collective bargaining with respect to rates of pay, wages, hours of employment and other conditions of employment, the Company recognizes the Union as the exclusive collective bargaining agent for such of the employees of Sierra Lobo Engineering and Technical

Services, Telophase, IntellecTechs, Inc., Pinnacle Engineering and Management Solutions, and

Genesis Engineering as are in job classifications certified by the National Labor Relations Board to be represented by the Union in Case No. 5-RC-7952 or agreed between the Company and the

Union to be represented by the Union. The Company recognizes the Union as the exclusive collective bargaining agent for all employees employed on NASA Contract NNG14CR62C by the

Company at its NASA, Wallops Flight Facility, Wallops Island, Virginia location, but excluding office clerical employees, professional employees (except engineers), guards and supervisors.

Nothing in this clause can be in violation of any state and federal law.

SECTION 1 – AMICABLE ADJUSTMENT OF DIFFERENCES:

In the belief that all grievances or disputes that may arise between the Company and the Union or the Company and its employees, for whom the Union is the bargaining agent, can be amicably adjusted and settled, the parties have established the Grievance and Arbitration Procedures set forth in Article VI.

SECTION 2 – GUIDES IN THE ADJUSTMENT OF DIFFERENCES:

The Union recognizes that management has the right to conduct its business in all respects except as modified by the terms of this Agreement.

SECTION 3 – MEMBERSHIP:

The Company and the Union agree that there will be no interference with, restraint or coercion of employees because of membership in or non-membership in the Union.

SECTION 4 – PRINCIPLE:

The Union subscribes to the principle of a fair day's work for a fair day's pay, and agrees that it will maintain this principle and use its best efforts to effectuate it wherever possible with the employees that the Union represents.

SECTION 5 – NO DISCRIMINATION:

There shall be no discrimination by the Company or the Union against any employee or applicant for employment because of sex, race, color, national origin, creed, age, physical or mental handicap or because of being a service connected or otherwise disabled veteran or veteran of the Vietnam

Era.

Whenever the male gender is used in this Agreement, it shall include the female gender where applicable.

ARTICLE II

GENERAL PROVISIONS

SECTION 1 - AGREEMENTS:

This Contract supersedes any prior agreement between the parties. This contract expresses the full agreement of the parties, including their rights and obligations, and it is not their intention to bargain on any other items not included in the contract during the term of the contract unless mutually agreed to do so.

SECTION 2 – SEPARABILITY:

Should any part hereof or any provision herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by any decree by a court of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof, and they shall remain in full force and effect.

SECTION 3 – WAIVER:

The waiver of any breach of any of the provisions or terms of the Agreement by either party shall not constitute a waiver of any such subsequent breach.

SECTION 4 – NOTICES TO PARTIES:

Any notice to be served under any of the provisions of this Agreement shall be deemed to be duly served on the date of mailing by registered mail, postage prepaid, return receipt requested, addressed to the party to be served as follows:

To the Company:

Sierra Lobo, Inc.

Sierra Lobo Engineering and Technical Services

11401 Hoover Road

Milan, Ohio 44846

Attn: David Hamrick, Corporate Director of Human Resources

Telophase

Arlington, VA

IntellecTechs, Inc.

Virginia Beach, VA

Pinnacle Engineering and Management Solutions

Princess Anne, MD

Genesis Engineering

Lanham, MD

To The Union:

International Brotherhood of Electrical Workers, Local #1501 c/o Mr. Fred Richards, Committee Chairman

Sierra Lobo

Goddard Space Flight Center, Code 540.5

Greenbelt, Maryland 20771

Dion F. Guthrie

Business Manager/President

Local 1501, I.B.E.W., A.F.L.-C.I.O.

123 Church Lane

Cockeysville, Maryland 21030-4903

SECTION 5 – AMENDMENT:

This Agreement may be amended or modified from time to time in writing by mutual agreement, and such amendments or modifications shall become a part of this Agreement.

SECTION 6 – PERFORMANCE REVIEWS:

Performance Reviews will be conducted every 12 months. These reviews will be taken into consideration by the company when making decisions on promotions.

SECTION 7 – ACCESS TO COMPANY POLICIES AND PROCEDURES:

Bargaining unit employees, the Union Committee Chairman, and the Business Manager/President of the Local Union will be notified and have access to Company policy and procedures which directly or indirectly govern, modify or otherwise influence their behavior, both on and off

Company premises.

ARTICLE III

DURATION

SECTION 1 – TERM:

This Agreement shall take effect on October 1, 2015, unless otherwise specifically provided as to certain provisions, and shall remain in effect until September 30, 2017.

SECTION 2 – MODIFICATION OR AMENDMENT:

Not more than seventy-five (75) days nor less than sixty (60) days prior to the end of the original term hereof or prior to the end of any yearly period thereafter, as the case may be, either party may give to the other written notice of desire to terminate, modify, or amend this Agreement.

Negotiations on the proposed modifications or amendments shall begin not less than forty-five

(45) days prior to any anniversary date. Each party giving such notice shall endeavor to submit its proposal to the other party at least five (5) business days prior to the beginning of negotiations.

If neither party gives written notice to the other party in the time specified above to begin negotiations to modify or amend this Agreement, then this entire Agreement will be extended for a one (1) year period. If the Agreement is extended in this manner, the Company will provide a

2.5% wage increase effective the first pay period coincident with or following the commencement of the extension year. The 2.5% wage increase will be added to the hourly base rate of pay of each employee on the active payroll as of the effective date. This provision will apply to each additional year the Agreement is extended in this manner.

SECTION 3 – TERMINATION OF THIS AGREEMENT:

If a notice is given under the provisions of Section 2 above, and complete agreement upon modifications or amendments to this Agreement has not been reached by the anniversary date, then either party at any time thereafter may terminate this Agreement by giving seven (7) days advance written notice to the other.

SECTION 4 – ASSIGNABILITY:

This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and in the event of merger, sale, or purchase, their successors and assigns.

ARTICLE IV

UNION SECURITY

SECTION 1 – UNION SHOP AGREEMENT:

A. All present employees covered by the terms of this Agreement shall be required to become and remain members of the Union (including financial core members) as a condition of employment from and after the thirty-first (31st) day following the date of their employment, or the effective date of this Agreement, whichever is later.

B. Every person who is first hired on a job in this Unit shall, as a condition of continued employment, be a member of the Union on or after the thirtieth (30th) calendar day after the date of his hire and shall thereafter maintain his membership in the Union.

C. Any employee who is transferred to a job in this Unit and any former employee who is rehired on a job in this Unit shall be governed by the provisions of B above, with their date of transfer or rehire being considered equivalent to the date of hire referred to in B.

D. No employee shall be required to pay, while in the bargaining unit, any Union membership dues covering any period during which the employee was not in the bargaining unit as a Union member or was not an employee of the Company.

E. Additional temporary manpower required for tasks currently being performed by bargaining unit members will be obtained as follows: the Company will make a reasonable effort to hire temporary employees prior to contracting for Temporary Contract Service Agency personnel.

If, after ten calendar days, the Company has been unsuccessful in hiring temporary employees, the Company may contract for Temporary Contract Service Agency personnel for exempt positions not filled by temporary employees. Such Temporary Contract Service Agency personnel shall be employed for a period not to exceed one (1) year in accordance with the provisions below and shall not be required to become members of the Union. In the event of a layoff affecting exempt Company employees, the Company will terminate its contracts for

Temporary Contract Service Agency personnel, provided there are exempt Company employees in the workforce with the necessary skill and ability who are physically able to perform the work.

Temporary Contract Service Agency provisions: In cases when the Company contracts for

Temporary Contract Service Agency personnel, the Company will still continue to make every reasonable effort to recruit and hire exempt Company temporary employees prior to the end of the first 45 working days. If the requirement extends beyond six (6) months, the Company may extend the temporary contract period of performance for an additional six (6) months and, during the first 45 working days of this period, the Company will again attempt to hire exempt, Company temporary employees. The Company agrees that it will notify the Union in writing of the circumstances surrounding the need to retain Temporary Contract Service Agency personnel beyond the initial six (6) month period.

SECTION 2 – CHECKOFF:

A. Upon receipt of an employee's written authorization, which shall not be revocable for more than one year, or beyond the termination date of this Agreement, whichever occurs sooner. The

Company shall deduct from such employee's wages, in accordance with this Agreement, such employee's initiation fee and Union dues or agency fee (if applicable) per pay period beginning

October 1, 2015 and remit same to the duly authorized representative of the Union together with a list of the names of the employees from whose pay deductions were made.

B. The authorization shall be valid for the duration of this Collective Bargaining Agreement.

Where monies have been deducted from the pay of an employee who does not owe such monies, it shall be the responsibility of such employee to obtain refund from the Local Union.

The Union agrees that they shall hold the Company harmless against any and all complaints, claims, judgments or demands, that may arise out of, or in any way be related to compliance by the Company with the terms of this section or in reliance by the Company upon any document furnished to the Company by the Union pursuant to the provisions of this section.

C. IBEW-COPE Check off - The employer agrees to deduct and transmit dues to IBEW-COPE, an amount set by the employee from the wages of each employee who voluntarily authorizes such contributions on the forms provided for that purpose by IBEW-COPE.

These transmittals shall occur monthly and shall be accompanied by a list of the names of those employees for whom such deductions have been made, and the amount deducted for each such employee. The deductions shall occur per pay period beginning October 1, 2015. The transmittal of the check and names will be delivered to the Local Union office within the month following the month of the deduction. The check will be made payable to "IBEW-COPE."

ARTICLE V

STRIKES AND LOCKOUTS

SECTION 1 – COVENANT AGAINST LOCKOUTS:

During the term of this Agreement, the Company shall not cause, permit or engage in any lockout of its employees.

SECTION 2 – COVENANTS RESPECTING STRIKES:

During the term of this Agreement, the Local Union agrees:

A. That it will not authorize, cause, sanction, engage in or assist in any work stoppage (e.g., by concerted refusal to work overtime), slow-down, or strike against the Company.

B. That should any slow-down, work stoppage, or strike against the Company occur during the term of this Agreement, then upon written request from the Company, the Local Union will promptly declare publicly that such action is unauthorized.

C. That the Local Union will immediately take or cause to be taken all necessary affirmative action to demand, cause or require each and every member to perform the terms and conditions of this Agreement.

SECTION 3 – RIGHT TO DISCIPLINE STRIKING EMPLOYEES:

In the event that any employee shall call, engage in, sanction or assist in any unauthorized slow-down, work stoppage or strike, the Company may take whatever disciplinary action it deems appropriate, including discharge, and the degree of such disciplinary action shall not be reviewable through the grievance and arbitration procedure provided for in the Agreement; and the Company's action shall be final and binding upon the Union and its members; provided, however, that if such disciplinary action is taken by the Company, the Union may present, pursuant to the provision of

Section 1 of Article VI hereof, a grievance to determine solely the fact of whether or not the individual so disciplined did call, engage in, sanction or assist in any unauthorized slow-down, work stoppage or strike against the Company. If it is determined that such individual did not call, engage in, sanction or assist in any unauthorized slow-down, work stoppage or strike against the

Company, then any disciplinary action therefore taken against him for such reason shall be rescinded and the employee shall be fully reinstated with restoration of any loss of pay suffered as a result of such action.

SECTION 4 – LIMITATIONS UPON RESPONSIBILITY OF UNION:

In the event that any member or members of the Local Union shall call, engage in, sanction or assist in any unauthorized slow-down, work stoppage or strike against the Company, or shall refuse to perform services duly assigned when directed to do so by the Company, the Company agrees that it will not file or prosecute any action for damages arising out of said unauthorized slow-down, work stoppage, strike or refusal to perform services against the Local Union, its officers and representatives, or individual members, provided that the Local Union, its officers and representatives perform their obligations and responsibilities as set forth in this Article.

SECTION 5 – OTHER RIGHTS OF COMPANY NOT PRECLUDED:

Nothing in this section shall preclude any right to which the Company previously was entitled, including, but not limited to, the right to seek legal or other redress of any individual who has caused damage to, or injury to, or loss of Company/Government property. The Property Custodian will not be held liable by the Company for damage caused by others.

ARTICLE VI

GRIEVANCE AND ARBITRATION PROCEDURE

The Company will be the primary interface with the union members related to negotiations and processing grievances. The grievance procedure participants from the Company will include:

Step 1: Immediate supervisor and local HR Representative

Step 2: Senior Management and local HR Representative

Step 3: Labor Relations specialist and ETIS Program Manager

SECTION 1 – DISPUTES AS TO MEANING AND APPLICATION OF AGREEMENT:

The Grievance and Arbitration Procedure is for the exclusive use of individual employees, groups of employees, and the Union officials on behalf of such employees, where there is a dispute as to the meaning and application of the terms of this Agreement or complaints of harassment and/or discrimination. Any and all such grievances or disputes arising during the term of this Agreement shall be adjusted according to the procedure outlined in Section 2 of this Article. Decisions reached in the settlement of grievances through Step Two of the Grievance Procedure shall be applicable only to the specific grievance in question and shall not serve as a precedent for settlement of other grievances or for interpretation of the contract. Grievances concerning working conditions not specifically covered by the terms and provisions of this Agreement shall be subject to the grievance procedure up to but not including arbitration. If the Company and the Union are unable to reach agreement in Step Three, the decision given in Step Three by the Company shall be final and binding on both parties to this Agreement.

SECTION 2 – GRIEVANCE PROCEDURE:

Step One: Within five (5) working days after an employee becomes aware of, or by reasonable diligence could have been aware of the happening of, an event which causes him to be aggrieved through alleged violation, the aggrieved employee individually or with a Union Representative, as specified in Section 6 of this Article, may present the alleged violation as a grievance to the employee's immediate supervisor. A group grievance shall first be taken up with the immediate supervisor of the group involved by the Union representative within five (5) working days after any member of the group becomes aware of, or by reasonable diligence could have become aware of, an event which causes such group of employees to be aggrieved. Presentation of any grievances shall be made only during the first hour or the last hour of the day shift, except in extreme emergencies. If the grievance is not settled satisfactorily at Step

One, the Union Representative shall be permitted, upon request to the immediate supervisor and Human Resources Representative, to make an investigation to determine the advisability of appealing the alleged grievance to Step Two and to have access to the following documents in the aggrieved employee's personnel file, with the employee's consent: requisition and agreement, employment application, resume, performance reviews, salary history, disciplinary actions, commendations, and training records. The Company shall have no obligation to compensate such Union

Representative(s) for time spent investigating such alleged grievances outside his normal assigned shift.

Step Two: If a grievance is not settled satisfactorily at Step One, then within ten (10) working days from the closure of Step One, the grievance may be pursued by reducing it to writing, on forms mutually agreed upon by the Company and the Union, and filing two (2) copies in the Office of the Department Manager of the department in which the grievance arose. Within four (4) working days of the receipt of such written grievance, the immediate supervisor will indicate his answer to the grievance, in writing, on one (1) copy of the form and return said copy to the Union representative.

Step Three: If a grievance is not settled satisfactorily at Step Two, then within ten (10) working days from the closure of Step Two, the grievance may be pursued by filing one (1) copy of the grievance form, containing the supervisor's answer, in the Office of

Human Resources. The Union representative and the Human Resources

Representative or the designated representative, together with such other representatives of the Company as the Human Resources Representative designates, shall meet at a time mutually agreed to by the parties. The Business Manager and/or the International Representative may be present at such meetings. If a meeting time cannot be mutually agreed to, the Company will submit three (3) dates, including time of day, that fall within twenty (20) working days from the closure of Step Two. These dates will be submitted within three (3) working days after the date of notification to the Human Resources Manager of the intent to pursue the grievance. The Union representative will then select one of these dates as the meeting time. The Company is not obligated to compensate any Union representative for time spent in any meeting.

Regarding Wallops Flight Facility (WFF) employees, the Step Three procedure regarding meeting may be modified by mutual agreement of both parties to accommodate logistics with the distance involved.

Step Four: If a grievance is not settled satisfactorily at Step Three, then within five (5) working days from the close of Step Three, either the Company or the Union may give written notice to the other of a desire to have such grievance adjudicated by an arbitrator. The

Company will meet with the Union representative(s) within ten (10) working days after notification of the desire to proceed to arbitration to select an arbitrator, as outlined in Section 3.

SECTION 3 – ARBITRATION:

A. Representatives of the Union and the Company will meet to select an arbitrator. In the event the parties are unable to agree on an arbitrator, then either or both parties may request the

Federal Mediation and Conciliation Service to submit a panel of five (5) names to the parties.

If the parties select an arbitrator, the arbitrator's name will be sent to the Federal Mediation and

Conciliation Service. In the event the parties cannot agree on an arbitrator, its choice shall be made by the alternate strike method. The person whose name is not struck shall be named as arbitrator. The determination of who goes first shall be made by tossing a coin. After a case on which the arbitrator is empowered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent.

B. The arbitrator shall have no power to alter, change or modify the terms of this Agreement.

C. The arbitrator shall render his decision within thirty (30) calendar days after the closing of the proceedings. The award shall be signed by the arbitrator, and copies of the award shall be delivered or mailed to each of the parties. There shall be no appeal from the arbitrator's decision, which shall be final and binding on the Union and its members, the employee or employees involved covered by this Agreement, and the Company.

D. Regardless of the outcome of any matter submitted to arbitration, the costs thereof shall be borne by the Company and the Union, share and share alike. Such costs shall be limited to the arbitrator's fee and expenses. The costs of any additional services required by either party shall be borne by the party requesting these additional services.

SECTION 4 – GRIEVANCES NOT PROPERLY PURSUED SHALL BE WAIVED:

Any grievance not presented or processed to adjustment or arbitration as provided in this Article shall be waived. The time limitations set forth in this Article may be extended by mutual agreement in writing.

SECTION 5 – DUAL ACTIONS PROHIBITED:

This grievance procedure shall not be applicable if any individual has elected to file a cause of action upon the same subject matter in the courts or with any governmental administrative agency.

This Section does not preclude an individual from first using the grievance procedure and later filing a cause of action upon the same subject matter.

SECTION 6 – REPRESENTATION:

For purposes of processing grievances, the Company shall recognize, as a maximum, two (2) of the following Union representatives to represent the individual employee or a group of employees in the case of a group grievance: Union Chairman, Chief Steward, and immediate Seniority Unit

Steward. The Company agrees that the Union may change representatives involved in a grievance;

however, replacements must be selected from among the three (3) representatives listed above and no change can be made until the completion of a Step with prior notification provided to the

Company. The Union agrees to furnish the Company with the names of representatives selected to handle the grievance and such representatives agree to abide by the rules outlined in Article VII, Section 2 of this Agreement.

ARTICLE VII

UNION REPRESENTATION

SECTION 1 – UNION REPRESENTATIVES AND THEIR QUALIFICATIONS:

A. Union Representatives Recognized: The Union may be represented by Stewards, Alternate

Stewards, and a Bargaining Committee, who shall have such duties, rights and privileges as are provided for in this Agreement.

B. Notification by Union of Representatives: The Union agrees to provide the Human Resources

Representative, in writing, the names of the employees selected to act as such representatives, and they shall not function or be recognized until such written notice of their appointment has been received by the Company. The Company will continue to recognize such representatives in that capacity as long as they are employed by the Company or until the Company is notified in writing to the contrary by the Union.

C. Union Representatives to be Full-Time Productive Employees: Any employee representing the Union in any of the capacities herein provided shall be a full-time, non-probationary employee of the Company, with a Company employment period of at least ninety (90) calendar days prior to taking office. Each such representative is employed to perform full-time productive work for the Company and shall be responsible for such production on his part, except as otherwise provided in this Article.

D. Employees of the Company, not to exceed four (4), while acting as fully appointed representatives of the Union in meetings with the Company regarding matters open to contract negotiation during the term of this Agreement, or in negotiation of a subsequent Agreement, will be reimbursed by the Company as follows: the Company will pay the straight-time rate for all hours spent in meetings which coincide with the regular eight (8) hour shift during the normal work week, not to exceed ninety (90) hours for each representative during the term of this Agreement.

SECTION 2 – GENERAL RULES PERTAINING TO UNION REPRESENTATIVES:

A. The recognized Union representatives listed above are subject to all Company rules regarding the conduct of employees.

B. Union representatives shall adhere to the following procedure in investigating and processing grievances.

1. Before performing grievance work, the Union representative shall obtain permission from his immediate supervisor. The Union representative shall inform his supervisor of the estimated time needed. The Union representative shall inform his supervisor when he returns to his assigned duties. If the supervisor is not available, the Department Manager shall be contacted. If neither is available within a short period of time, the Union representative may leave the required information on his supervisor's phone mail providing his grievance work does not disrupt operations.

2. When it is necessary for a Union representative to enter a department or section of a department supervised by a supervisor other than his own, the Union representative shall inform that supervisor of the purpose of his business and to whom he wishes to speak.

C. Each representative of the Union shall report to his regular place of work (1) at the commencement of his regular shift, (2) after any lunch period, and (3) immediately upon completion of any duties as a Union representative.

D. Union Representatives in Goddard Space Flight Center (GSFC) Only When Authorized:

Except when specifically so authorized, Union representatives shall not be entitled to enter or remain on Company premises before or after their regular shift.

E. Procedure to Change Number of Representatives: The Company and the Union agree to meet, upon request of either party, to review the number of representatives to determine whether a greater or lesser number of Stewards than provided in this Article is necessary or to consider the reassignment of areas or zones.

F. Union Representatives to Handle Grievances Promptly: Union representatives and the Union will cooperate with the Company in reducing to a minimum the time spent in investigating, presenting and adjusting grievances as provided in this Article. The privilege of Stewards, Bargaining Committeemen and their respective Alternates to devote time during their normal working hours to the activities herein specified, without loss of pay, is extended with the understanding that the time will be devoted to the prompt handling of legitimate grievances and will not be abused.

SECTION 3 – COMPANY REPRESENTATIVES:

The Company shall notify the Union in writing of its designated representatives authorized to discuss grievances with Union representatives.

SECTION 4 – STEWARDS AND UNION CHAIRMAN:

A. Number and Selection: The Union shall be entitled to two (2) Chief Stewards (one (1) Chief

Steward to represent hourly personnel and one (1) Chief Steward to represent exempt personnel. In addition, the Union shall be entitled to one (1) Steward for each section. In sections where Union Officers or Chief Stewards are assigned, a maximum of two is permitted.

The Union may designate an Alternate for each Steward who shall act only when the representative for whom he is Alternate is absent, at which time the Alternate shall have the same duties as the representative for whom he is Alternate. Chief Stewards, Stewards and their

Alternates shall be employees whose regular place of work is in the section which they represent. The Union shall be entitled to one Steward for the bargaining unit personnel at the

WFF.

Right of Steward and Chairman: A Steward and/or the Union Chairman, upon request to his immediate supervisor or his designated representative and upon compliance with the procedure outlined in Section 2 of this Article shall be authorized to devote time during his normal working hours, without loss of pay, for reasonable periods to perform the following duties.

1. To present to a supervisor or his designated representative a grievance or dispute which he has been requested by an employee to present to such supervisor for adjustment.

2. After such presentation, to investigate any such grievance or dispute in his assigned area so that such grievance or dispute can be properly discussed with the supervisor or his designated representative.

3. To confer with a Union official or his Alternate with regard to a grievance. No further reason need be given by a Steward or the Union Chairman for asking for a conference with such official.

4. To attend meetings between the Company's Human Resources Office and the Bargaining

Committee when notified to do so by the Company by mutual agreement between the

Bargaining Committee and the Company's Human Resources Office.

B. Seniority:

1. For purposes of layoff only, the Chairman, Vice Chairman, two (2) Chief Stewards, and up to six (6) other Union Stewards shall have preferential seniority, and shall be considered the most senior employees in the bargaining unit, provided they have at least one (1) year of seniority with the Company and there is work available which they are capable of performing. The names of such Union representatives shall be furnished to the Company in writing by the Union promptly following the execution of this Agreement and whenever a change in such personnel occurs. The six (6) other Union Stewards designated to have preferential seniority shall retain this status for a minimum of one year.

2. If there is no work in their classification, they must, in order to remain employed, be able to qualify for some other job classification within their area of representation. Upon transfer, they will be paid the highest hourly rate being paid at the time in the job classification to which they have been transferred or their present rate of pay, whichever is lower.

3. When mutually agreed between Company and Union, the Union officers and Stewards shall be deemed to hold seniority for shift preference purposes over all employees within their area of representation when the exercise of such seniority is for the purpose of assuring employee representation.

SECTION 5 – BULLETIN BOARDS:

A. Number and Use of Boards: The Company shall erect and maintain bulletin boards bearing a section designated "Local 1501, I.B.E.W. Bulletin Board." Such boards may be used by the

Union for posting notices approved by the Union and the Human Resources Representative and restricted to:

1. Notices of Union Recreational and Social Affairs.

2. Notices of Union Elections.

3. Notices of Union Appointments and Results of Union Elections.

4. Notices of Union Business.

5. Such other notices as may be mutually agreed to.

B. Subject to NASA approval, the number of bulletin boards shall be seven (7). Any change in the number or the locations of such bulletin boards shall be decided by a duly authorized Union

Officer and the Human Resources Representative, subject to NASA approval.

Subject to NASA Procedural Requirements regarding personal use of government office equipment including IT, NASA provided e-mail may be used in accordance with the limitations noted in paragraph A of this section.

C. Restriction Against Pamphlets: There shall be no distribution by employees or by the Union of notices, pamphlets, advertisements, political matter or other literature of any kind on

Company time.

There shall be no posting by employees or by the Union of notices, pamphlets, advertisements, political matter, or other literature of any kind on Company property other than as provided in this section.

ARTICLE VIII

SENIORITY SYSTEM

SECTION 1 – PURPOSE:

This Article establishes a seniority system as a basis for the orderly and consistent handling of promotions, layoffs, recalls, and assignment changes.

Temporary reassignment of any employee for 60 continuous workdays or less will be offered on the basis of seniority, when qualifications are not the determining factor and such reassignment would not impair work schedules or the Company’s capability of responding to job requirements.

SECTION 2 – DEFINITION:

A. Seniority is defined as the length of an employee's continuous service in job classifications covered by this Agreement, except as provided for in Sections 3E and 3F of this Article.

1. For regular employees at the time of signing of this contract, it begins with the most recent starting date of actual employment with the Mechanical Systems Division of NASA's

GSFC or the Company, whichever is earlier, and continues for the duration of unbroken service. For new employees, seniority dates from the time of hire with the Company and continues for the duration of unbroken service, except that seniority will not begin to be accumulated until the successful completion of a probationary period, which shall be the first ninety (90) calendar days of continuous service. Upon successful completion of the initial probationary period, seniority is counted from the most recent date of actual employment with the Company and accumulates for the duration of unbroken service.

During the initial probationary period, the Company retains the right to lay off, terminate, transfer, reassign or discipline employees without recourse by them to the grievance procedure. Seniority will be locality-based. Employees stationed at WFF will have and accrue seniority based on their time at WFF. This seniority is not transferable from WFF to Greenbelt. In the case of transfers, the seniority accrued at WFF remains in effect for the duration of one's employment and can be used to bump back to WFF. The seniority provision pertaining to WFF bargaining unit personnel in no way affects seniority provisions now in effect at the Greenbelt Facility.

2. A temporary employee is one employed for a period not to exceed thirty (30) calendar days. A temporary employee will not accrue seniority status, nor will he be required to become a member of the Union. Exception: A temporary employee who acquires regular status without a break in employment will then have seniority established from the most recent date of starting work as a temporary employee, after satisfactorily completing the prescribed probationary period as outlined above, and Article IV, Section 1, B. will apply.

Full-time students and professional teachers, employed as summer help for a period not to exceed 90 calendar days between May 1 and September 30, shall not be subject to Article

IV, Section 1 (Union Shop Agreement) of this Agreement, and will not accrue seniority status.

B. An employee rehired after termination will be hired as a new employee and will start a new seniority record.

C. Seniority shall be acquired and applied to the employee's job classification within the occupational seniority unit to which he is permanently assigned. Occupational seniority units are the major segments of the Company's organizational structure and contain groups of jobs which require the application of substantially similar skills, training or experience, or are a normal sequence of advancements. A given occupational seniority unit may include jobs in several organizational groups, classifications and pay levels.

D. In case two (2) or more employees are hired the same day, their seniority rank will be determined by date of birth, with the oldest being the most senior.

SECTION 3 - APPLICATION OF SENIORITY:

A. Seniority will be accrued during authorized Leaves of Absence, vacations, and periods of layoff until recall rights are terminated or expire, as provided in Section 3B.

B. Seniority shall be accumulated continuously unless lost for any of the following reasons in which the employee:

1. Resigns or quits for any reason, or is disabled for a period of eighteen (18) continuous calendar months. Employment is then terminated.

2. Is discharged for just cause.

3. Does not report for work within three (3) days after the expiration of an authorized Leave of Absence, vacation, etc., and fails to secure authorized extension of such Leave after its expiration. In this event, he will be considered to have voluntarily resigned.

4. Fails to notify the Company of the acceptance of recall (as set forth in this Article) by registered letter, return receipt requested, or personal visit to the Human Resources Office within three (3) working days after receipt of notice to report to work and/or does not report to work within two (2) weeks of the time specified in the recall notice. In such events, he will be considered to have voluntarily resigned. "Receipt of Notice" shall mean the date of delivery of a written, registered notice to the address last reported in writing to the

Company. Such reporting date may be extended at the Company's discretion. The

Company will be entitled to rely on the last address of an employee as shown in Company records. It is the employee's responsibility to notify the Company promptly of any change of address and telephone number and accept a receipt therefore. In case of a dispute, the employee must produce his receipt of notice of change of address, and failure to produce such receipt will result in no financial obligation on the part of the Company for any loss of wages to the employee.

5. Is continuously on layoff from the Company for a period of time equal to his continuous length of service at the time of layoff or eighteen (18) calendar months, whichever is shorter. In this event, recall rights are exhausted and the employee is terminated. He will be given preferential consideration as a new hire.

6. Does not return to work after military service within the limit specified by law. In this event, recall rights are exhausted and the employee is considered to have voluntarily resigned.

7. Is absent without authorization for three (3) consecutive working days. In such event, the employee is considered to have voluntarily resigned.

C. Upon completing the initial probationary period with the Company, each employee shall establish seniority in the occupational unit in which he is then working from the date of most recent hire. The employee shall continue to accumulate seniority in that unit in accordance with his continuous service in that unit.

D. After having established seniority in an occupational unit, if transferred to a different occupational unit, the employee shall continue to accumulate seniority in his former unit for a period of ninety (90) calendar days. If the employee remains in the different occupational unit beyond ninety (90) calendar days, his seniority shall be transferred from the former occupational unit and accredited as seniority time in the new occupational unit.

E. An employee who is transferred to a job outside the collective bargaining agreement may voluntarily remain in the bargaining unit and shall retain and accumulate seniority. If such employee is transferred back to the bargaining unit prior to the expiration of one (1) year, he will be returned to his last held job classification and occupational seniority unit, provided that he has sufficient seniority to entitle him to that position. In the event he has insufficient seniority to reassume that position, he may exercise his accumulated seniority in accordance with this Article. The Company will notify the Union three (3) working days prior to the effective date of any such transfer. Employees not remaining in the bargaining unit terminate their seniority on the effective day of the transfer.

F. An employee elected or appointed to a local Union office, which requires him full-time and is compensated by the Union, will retain and accumulate seniority for a maximum of one (1) year from the date of election or appointment to such Union office. If such employee is transferred back to the bargaining unit prior to the expiration of one (1) year, he will be returned to his last held job classification and occupational seniority unit provided that he has sufficient seniority to entitle him to that position. In the event that he has insufficient seniority to reassume that position, he may exercise his accumulated seniority in accordance with this Article. The Union will notify the Company thirty (30) days prior to the anticipated return date of the employee.

G. Notwithstanding any other provision of this Agreement, the parties agree that the Company, in its sole discretion, may take whatever actions it deems appropriate to comply with the provisions of the Americans With Disabilities Act.

H. Any employee included within this Agreement who has temporarily been wholly or partially incapacitated for his regular work by compensable injury or occupational disease while in the employ of the Company may, while thus temporarily incapacitated, be employed in other work which he can do without regard to other seniority provisions of this Agreement. If the disability is permanent, such as not to permit him to return to and perform the duties of his regular work, his seniority shall be transferred to his new job occupation, provided he does not displace someone who is more senior.

I. It is recognized that it is necessary to maintain in each occupation by shift a sufficient number of qualified employees to maintain work schedules and operations. However, the principle of seniority will be one of the factors considered in effecting shift assignments or transfers. In recognition of rotating team shift assignments, two (2) comparably qualified employees may exchange shift assignments when mutually agreed to by the employees concerned and with the concurrence and approval of the immediate supervisor.

When a shift change is required during the regular work week and qualifications are not the determining factor, such change will be offered on the basis of seniority of the employees on the applicable shift from which the employee is selected, whenever it is possible or reasonable to do so.

J. Where unusual ability or skills are required, the Company may employ or retain personnel without regard to seniority. Upon written request from the Union, the Union will be provided the Company's requirements in writing within five (5) working days after employees receive notice of layoff, and shall have the right to invoke the grievance and arbitration clause.

SECTION 4 - SENIORITY GROUPS:

A. All permanent hourly and salary job classifications will be assigned to occupational seniority units.

B. The following is a current list of the occupational seniority units:

Occupational Seniority Unit 1

(Technicians: Environmental Test, Integration, Precision Assembly, Optics, Thermal

Blankets, Cables, Recertification, Planning / Integration & Assembly Support, Machining, Maintenance, Contamination Control, Plating)

Occupational Seniority Unit 2

(Professionals)

Occupational Seniority Unit 3

(Janitors)

Occupational Seniority Unit 4

(WFF non-exempt)

Occupational Seniority Unit 5

(WFF exempt)

The Company will be required to post a notice of any change in the list of occupational seniority units no later than three (3) days prior to the effective date of such change. Any such change will be discussed with the Union at least two (2) days prior to the posting.

SECTION 5 – JOB OPENINGS-SELECTION PROCEDURE:

A. All job openings will be filled on the basis of qualifications and seniority. Every reasonable effort will be made to fill jobs by promoting from within the Company. Job openings, including the job qualifications and job requirements, will be posted on the bulletin boards by the

Company. The Business Manager/President of the Union will be sent a copy of the job posting notice at posting time. All employee applicants must complete an internal application and submit it to the Human Resources Office within six (6) working days from the date of posting.

Employees who do not submit an internal application within the time limit need not be considered for the opening. If an employee applies and is selected to fill a posted job opening, he may not apply for any other job opening for 12 consecutive months after the date of his promotion and/or transfer, except with the consent of management.

B. Job openings will be filled by current employees or those who are on layoff and who are qualified and physically capable of performing the job.

1. In determining the individual's qualifications, the supervisor of the department in which the opening occurs shall consider the candidate's demonstrated skill and ability, past experience, education, training and adherence to work rules. He may use his own, as well as other supervisors' evaluations on the individual's past and present performance; the employment application form; the results of a personal interview with the individual;

periodic review records. He may use appropriate written, oral or work sample tests when required to comply with NASA or federal regulations.

2. When a question is raised by the Union relative to the comparative qualifications of the individual selected, the appropriate Chief Steward may have access to the records used in making the selection.

C. Employees who are candidates for the position and those on layoff will be considered for the job in the following sequence:

1. First consideration will be given to qualified employees working in, or on layoff from, the occupational seniority unit in which the job exists on the basis of their qualifications and seniority. Where qualifications as defined in 5B.1 above are the same, the qualified employee with the greatest seniority will be selected.

2. Then, qualified employees working in other occupational seniority units and on layoff from other occupational seniority units will be considered to fill the job openings on the basis of qualifications. Where qualifications as defined in 5B.1 above are the same, the qualified employee with the greatest seniority will be selected.

D. When openings occur for which there is no qualified employee, openings shall be filled by hiring new employees.

E. If such promoted or reclassified employee fails to perform satisfactorily at any time during the initial 90 calendar day period, he shall be returned to the job classification held immediately prior to the change and, for a period of one year, he shall not be permitted to apply for a job opening in the same or higher classification which involves the same type of work that he failed to perform satisfactorily. If his return results in an overstaffed condition, the normal layoff procedure will be followed.

SECTION 6 – LAYOFF:

A. When it becomes necessary to reduce the number of employees in a job classification in an occupational seniority unit, and it is determined that skill and ability, past experience, education, training and adherence to work rules are equal, seniority shall then be the determining…