Attachment J-12 IAMAW Agreement for JETS 2021.pdf

COLLECTIVE BARGAINING AGREEMENT

CONTRACT NEGOTIATIONS

BETWEEN

JACOBS TECHNOLOGY INC.

JSC Engineering, Technology and Science

(JETS) CONTRACT

and

INTERNATIONAL ASSOCIATION OF

MACHINISTS AND AEROSPACE WORKERS,

AFL-CIO

and its

DISTRICT No. 37

LOCAL LODGE 1786

LYNDON B. JOHNSON SPACE CENTER (JSC)

July 1, 2021 through April 30, 2024

TABLE OF CONTENTS

AGREEMENT

01.00 RECOGNITION

01.01 Customer Relations

02.00 CHECKOFF AND UNION SECURITY WHEN PERMITTED BY LAW

02.01 Savings Clause

02.02 Representation

02.03 Present Employees

02.04 New Employees

02.05 Member Requirements

02.06 Check Off

03.00 MANAGEMENT RIGHTS

03.01 Management Rights

03.02 Non-Bargaining Unit Employees Performing Bargaining Unit Work

04.00 SUCCESSOR CLAUSE

04.01 Provisions

04.02 Intent

05.00 SECURITY REGULATIONS

06.00 NOTICE TO PARTIES

07.00 WRITTEN AMENDMENTS TO AGREEMENT

08.00 MASCULINE – FEMININE REFERENCES

09.00 COMPLIANCE AGREEMENT

10.00 SUBCONTRACTING

11.00 HEALTH AND SAFETY CONDITIONS

11.01 Defined

12.00 MACHINISTS NON-PARTISAN POLITICAL LEAGUE

12.01 Deduction Guidelines

12.02 Termination Clause

13.00 NEW TECHNOLOGY

14.00 UNION-COMPANY RELATIONS

14.01 Union Agreement with Objectives

14.02 Equal Employment Opportunity

14.03 No Discrimination in Employment or Adverse Effect by Reason of Union

Membership

14.04 Union Bulletin Boards and Posting Notices

15.00 PAYROLL DEDUCTIONS – COMPANY REIMBURSEMENT

15.01 Defined

16.00 STRIKES AND LOCKOUTS

16.01 Defined (Sections 16.01 – 16.07)

17.00 INFORMATION FURNISHED TO THE UNION

17.01 Defined

18.00 STEWARD REPRESENTATION

18.01 Defined (Sections 18.01 – 18.03, 18.06)

18.04 Steward Units

18.05 General Rules

18.07 Introduction of New Employees to Stewards

19.00 DRUG FREE WORKPLACE

19.01 Defined (Sections 19.01 – 19.07)

20.00 PROCEDURE FOR DISCIPLINARY ACTION

20.01 Employee Rights

20.02 Company Procedure

21.00 HOURS OF WORK AND PREMIUM PAY

21.01 Pay Period, Pay Week, Work Week and Work Day

21.02 Shift and Shift Premium

21.03 Overtime Pay

21.04 Lost Time

21.05 Report/Call-In Time

21.06 Call-Back Time

21.07 Incentive Plan For Test Crewpersons or Lock Observer(s)

21.08 Pyrotechnics Handlers

22.00 GRIEVANCE PROCEDURE

22.01 Defined

22.02 Initial Meeting

22.03 Time Limit to File Formal Grievance

22.04 Steps 1, 2, 3 and 4

22.05 Company Responses Outside of Time Limits

22.06 Effect of Union Failure to Comply with Time Limitations

22.07 Effect of the Company Failure to Comply with Time Limitations

22.08 Arbitration Time Limit

22.09 FMCS Panel Request

22.10 Arbitrator Decision and Costs

22.11 Arbitrator’s Powers

22.12 Time Limits Extensions

22.13 Employee Representation Limits

22.14 Employee Rights

23.00 PLANT VISITATIONS

23.01 Access to JSC

23.02 Visitation Guidelines

24.00 SENIORITY

24.01 Purpose and Definitions

24.02 Definitions

24.03 Probationary Period

24.04 Acquiring Seniority

24.05 Loss of Seniority

24.06 Accumulating Seniority

24.07 Departmental Seniority Units

24.08 Job Vacancy

24.09 Temporary Lead Up-grade

24.10 Recall

24.11 Transfers, Reclassifications and Shift Changes

24.12 General Layoff Procedure

24.13 Exercising Seniority Within General Layoff Procedure

24.14 Temporary Layoff

24.15 Leadperson

25.00 PERSONAL TIME OFF (PTO)

25.01 Computation of Credit

25.02 PTO Accrual Rate – PTO shall accrue as follows

25.03 PTO and Overtime

25.04 Voluntary Termination

25.05 Use of PTO Credits

25.06 PTO Availability

25.07 Responsibility for Business Impact

25.08 PTO Request

25.09 Unused PTO

25.10 PTO Pay

25.11 PTO Sell Back

25.12 Termination

25.13 Successor Contractor

26.00 OTHER TIME OFF

26.01 Bereavement

26.02 Jury Pay

26.03 Leaves of Absence

27.00 HOLIDAYS

27.01 Full-time Employees

27.02 Designation of Holiday Falling on Saturday or Sunday

27.03 Holiday Pay

27.05 Temporary Employee Pay

27.06 Working Rate of Pay

27.07 Administrative Leave

27.08 Adverse Weather

28.00 REST PERIOD

28.01 Lunch Period

28.02 Rest Period

28.03 Variance

29.00 TRAINING

29.01 Educational Opportunities

29.02 Training

29.03 Cross Training

29.04 Cross Craft Utilization

30.00 MILITARY DUTY

30.01 Payroll Guidelines Outlined

30.02 Payroll Guidelines Defined

30.03 Regular Base/Make Up Pay Defined

31.00 GENERAL PROVISIONS

31.01 Defined (Sections 31.01 – 31.6, 31.08)

31.07 Temporary Call-In Employees

31.09 Vocational and Educational Trainees

31.10 Receipt of Pay

32.00 EFFECTIVE DATE AND PERIOD OF AGREEMENT

33.00 401(k) SAVINGS PLAN

33.01 Eligibility

34.00 OTHER BENEFITS

34.01 Short Term Disability

34.02 Long Term Disability

34.03 Travel Accident

34.04 Company Benefits Plan

34.05 Flexible Spending Accounts

34.06 Employee Assistance Program (EAP)

34.07 Long Term Care Insurance

34.08 Tuition Reimbursement Limit

34.09 Employee Stock Purchase Plan (ESPP)

34.10 Workers’ Compensation (Risk Management)

34.11 IAMAW Pension Plan

34.12 Voluntary Benefits………………………………………………………………… 44

35.00 JOB CLASSIFICATIONS

35.01 Job Classification Assignment

35.02 Job Description

35.03 Job Classifications

SUPPLEMENT A

SUPPLEMENT B

SUPPLEMENT C

SUPPLEMENT D

SIGNATURE OF PARTIES

AGREEMENT

THIS AGREEMENT is entered into by and between Jacobs Technology Inc., doing business as Jacobs Technology (hereinafter referred to as the "Company”) and Local Lodge 1786, District 37 of the International Association of Machinists and Aerospace Workers (hereinafter referred to as the "Union"). The JSC Engineering, Technology and Science (“JETS”) Contract is located at Lyndon B. Johnson Space Center (“JSC”), Houston, in the State of Texas (Contract Number NNJ13HA01C for the JETS Contract). The JETS Contract obtains work principally from the NASA/JSC Engineering & Astromaterials (Science) Directorates. However, from time to time, the Company obtains work from other NASA sources, or Jacobs Technology may assign work from other governmental agencies and companies to the JETS Contract. This agreement evidences the desire of the Company and the Union to promote and maintain harmonious relations between the Company, its employees, as such employees are hereinafter defined, and the Union as their representative.

The purpose of this Agreement is to ensure industrial peace. To this end, it is recognized that there must be mutual understanding, harmony and cooperation among Employees and between Employees and the Company; that operations must be uninterrupted and duties faithfully performed in order for the Company and its Employees to fulfill their mutual and vital respon-sibilities to both the public and to the Government; and that the business of the Company must be operated with economy and efficiency with due regard to competitive conditions. It is recognized by the Agreement to be the duty of the Company and the Employees to cooperate fully, both individually and collectively, for the advancement of said conditions.

It is agreed that the parties desire to enter into this Agreement for their mutual interests to establish wages, hours, and working conditions, and to provide for the peaceful settlement of disputes and grievances that may arise affecting the Employees covered hereby.

NOW, THEREFORE, the parties agree as follows:

01.00 RECOGNITION

For the period of this Agreement, the Company recognizes the Union as the exclusive bargaining agent for all of the herein after defined employees of the Company for the purpose of collective bargaining in respect to rates of pay, wages, hours and other employment conditions employed by the Company at Johnson Space Center and herein designated to be those job classifications as agreed upon in Supplement A, attached hereto and made a part of this Agreement; exclusive of all other employees, including all office clerical employees, guards, and supervisors as defined by the National Labor Relations Act. The word "employee" or "employees" as used in this Agreement means all employees of the Company employed in the job classifications established pursuant to the provisions of Supplement A.

01.01 Customer Relations - It is understood that the Company is engaged in providing services under contract to customers who normally maintain the ultimate program responsibility. It is not the intent of this agreement to approve action or to establish restrictions which are outside the operating practice of the contract performance.

01.01.01 The Company is redirected by the Customer from time to time with respect to certain activities and specifically reserves the prerogative of redirecting or reassigning personnel in response to such redirection.

01.01.02 In some circumstances the Company is directed to relinquish certain functions to customer personnel or to personnel from other government organizations. None of the agreements regarding work rules are intended to preclude prompt and complete response by the Company to such direction.

01.01.03 The Company must be responsive to the needs of its Customer, but will not cite Customer needs as a means of circumventing this Agreement.

02.00 CHECKOFF AND UNION SECURITY WHEN PERMITTED BY LAW

02.01 Savings Clause – The parties hereto recognize that, under presently existing State and Federal laws, employment and retaining employment may not be conditioned on membership in a union. Therefore, the following Sections 02.02, 02.03, 02.04 and 02.05 shall be of no force and effect while such laws are in operation. In the event, however, that during the period of this Agreement such laws are repealed or amended to permit such provisions, they shall become subject to negotiations between the Company and the Union.

02.02 Representation – The National Labor Relations Board, having conducted an election among the Company's Employees engaged in the work covered by this Agreement, to the effect that by the vote of a majority of Company's Employees covered by this Agreement, the Union has been designated as the collective bargaining representative of the Employees covered by this Agreement and has been authorized to enter into an Agreement on behalf of said Employees requiring Union membership as a condition of employment, the Company and Union hereby agree that the work covered by this Agreement shall be conducted on a union shop basis when permitted by law. (See Savings Clause, 02.01 above.)

02.03 Present Employees – The Employees of the Company covered by this Agreement who are at present members of the Union shall, as a condition of employment, remain members in good standing of the Union as provided in the Union's Constitution and By-Laws (See Savings Clause,

02.01 above.)

02.04 New Employees - New Employees employed in classifications covered by this Agreement shall, as a condition of employment, be required to become members of the Union within sixty (60) days following the date of their employment, in conformity with the provisions of the Labor Management Relations Act of 1947 (See Savings Clause, 02.01 above.)

02.05 Member Requirements - Any Employee covered by the terms of this Agreement who fails to tender the usual initiation fee and to become a member in the time specified here, unless refused membership by the Union, or who fails to remain in good standing of the Union by the payment of the usual dues, assessments, fines or other customary financial requirements, shall upon written notice to the Company by the Union be released from employment no later than five

(5) workdays after receipt of such notice by the Company. (See Savings Clause, 02.01 above.)

02.06 Check Off

02.06.01 It is agreed between the Company and the Union that any employee of the Company who is or may hereafter become a member of the Union may authorize the collection of union dues by the signing of a Voluntary Check-off Authorization Card as provided by the Union. “Dues” as used in this Section 02.06, shall not include fines, penalties, or assessments.

02.06.02 Deductions for that portion of the Union membership dues shall be in an amount equal to one month's dues.

02.06.03 Deductions for Union membership dues shall be made from the employee's paycheck for the first two pay periods in each month in the amount certified by the financial secretary of the local lodge (certified on a yearly basis), authorized by the employee on the authorization card. In the event a deduction for such dues is not made on one or more consecutive regular payroll deduction dates due to lack of earnings or insufficient earnings by the employee, then on the next regular payroll deduction date that employee has sufficient earnings, one double deduction shall be made. This is the maximum deduction allowable.

02.06.04 Such payroll deduction shall begin within two weeks subsequent to receipt by the Payroll Department of the Company of the authorization cards provided. Such dues will be mailed to the address provided by the Union by the tenth day of the following month.

02.06.05 The Company's obligation to make such deductions shall terminate in the event the employee shall cease to be a represented employee or upon receipt by the Company of written revocation from the Union of such authorization card as defined in, Section 02.06.01 of this agreement.

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

02.06.07 If a dispute arises in connection with the application of this section and a settlement is not reached between the Company and the Union, such dispute shall be referred directly to Step 3 of the grievance procedure in accordance with the provision of this agreement.

02.06.08 The Union agrees to indemnify and hold the Company harmless from any and all claims, actions, liabilities, or damages resulting from deductions made pursuant to this Section including all costs and attorneys' fees incurred by the Company in defending any such action, with the exception of any suit brought by the Union itself against the Company for failure of the Company to comply with this article.

03.00 MANAGEMENT RIGHTS

03.01 Management Rights - Except as expressly and specifically limited by the terms of this Agreement, the Company has and will retain the right and power to manage its facilities and direct the working forces including the right to hire and, for just cause, discipline, suspend, or discharge its employees; the right to determine when layoff is necessary or advisable; and the right to classify, promote, demote, and transfer its employees, subject to the provisions of this Agreement.

03.02 Non-Bargaining Unit Employees Performing Bargaining Unit Work Non-Bargaining Unit employees shall not displace any Employee covered by the Agreement.

However, it is understood and agreed that Non-Bargaining Unit personnel may perform work of Employees covered by this Agreement under the following conditions:

03.02.01 In the instruction or training of bargaining unit employees;

03.02.02 Under emergency conditions;

03.02.03 When an employee fails to report to work and other qualified employees are not available;

03.02.04 When conditions exist where immediate action is required in order to prevent injury to employees or damage to Company or customer property or equipment;

03.02.05 For work incidental to the duties of the supervisory classification;

03.02.06 In order to prevent injury to employees or damage to property;

03.02.07 In the performance of necessary work when production difficulties are encountered or when regular employees are not immediately available;

03.02.08 In circumstances which are required to insure the quality of performance and/or satisfaction of the Company's obligation and responsibility as a contractor to the Federal Government.

04.00 SUCCESSOR CLAUSE

04.01 The provisions of this Agreement shall be binding upon the Company and its successors, assignees or future purchasers, and all of the terms and obligations herein contained shall not be affected or changed in any respect by the consolidation, merger, sale, transfer or assignment of the Company of any or all of its property, or affected or changed in any respect by any change in the legal status, ownership or management of the Company.

04.02 It is the intent of this Article to promote industrial peace and harmony, to insure continuity of employment and representation, to maintain the current and prospective level of wages, benefits, and working conditions contained herein and further to protect the gains made in said wages, benefits, and working conditions derived through good faith collective bargaining regardless of the identity of the employer organization having jurisdiction over the work of this bargaining unit.

05.00 SECURITY REGULATIONS

The Union recognizes that the Company has certain obligations in its contracts with the Government pertaining to security, and agrees that nothing contained in this Agreement is intended to place the Company in violation of its security agreements with the Government. Accordingly, in the event that any United States governmental agency concerned with the Company's security regulations advises the Company, in writing, that any employee in the bargaining unit is restricted from work on, or access to, classified information or material, the Company will do whatever is necessary to comply with its security obligations to the Government. An employee found guilty of violating U.S. security regulations will be terminated. Other cases will be treated as if the employee does not fulfill qualifications for the job.

06.00 NOTICE TO PARTIES

Unless another method for the provision of notices called for under this Agreement is specifically provided for elsewhere in this Agreement, any notice sent to the other party using the United States mail, certified return receipt requested, shall be considered properly served as of the date of the postmark. Both Parties agree that, with the advancement of computer systems and the value added with ability to send information quickly, use of e-mail will be an accepted practice of exchanging information. Confirmation of acceptance will be done with the electronic exchange and a follow-up phone call to confirm receipt. Any documentation requiring signatures will be processed through the United States mail, unless otherwise agreed to by the Parties.

07.00 WRITTEN AMENDMENTS TO AGREEMENT

This Agreement may be amended or modified from time to time only in writing by mutual agreement, and such amendment or modification shall become part of this Agreement. Such amendment will be signed for the Company by the Manager, Human Resources Department, or designee and the Human Resources Representative, and for the Union by the Business Representative, or designee and the Chief Steward.

08.00 MASCULINE – FEMININE REFERENCES

In construing and interpreting the language of this Agreement, reference to the masculine such as “he”, “him”, or “his” shall include reference to the feminine.

09.00 COMPLIANCE AGREEMENT

The Company and the Union agree to comply with all Federal, State, and local laws that affect the terms and conditions under this Collective Bargaining Agreement. Should any part of this Agreement or any provision herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by a decree of a court of competent jurisdiction, such invalidation of such part or provision of this Agreement shall not invalidate the remaining portions hereof, and they shall remain in full force and effect.

10.00 SUBCONTRACTING

It is understood that subcontract arrangements are now and will be utilized from time to time to perform bargaining unit work in the interest of economy, timeliness of performance, and/or customer confidence or direction. The Company will not use sub-contracting as a means to reduce the regular bargaining unit work force, nor will any bargaining unit employee be laid off as a result of contracting out. The Company will meet with the Chief Steward, if requested, on a monthly basis to discuss these situations.

11.00 HEALTH AND SAFETY CONDITIONS

11.01 The Company agrees to maintain working conditions conducive to the health and safety of employees in accordance with the laws of the United States, of the State of Texas, and of any municipal authority having cognizance over the Company.

11.01.01 In recognition of this, the Union may select at least one representative on each Company Safety Committee. Safety bulletins will be published by the Company's Safety and Environmental Health section as required. In addition, any safety committee established by the Company at the department level will have at least one bargaining unit employee, and the minutes of any committee meetings will be posted in the applicable department.

11.01.02 Protective clothing and other safety devices, such as safety glasses and hard hats, and respiratory protection equipment required for protection against illness or bodily injury will be furnished by the Company. Prescription-ground safety glasses broken or irreparably damaged during the performance of an employee's job duties shall be replaced by the Company at no cost to the employee.

11.01.03 Where the Company deems it advisable, physical examinations will be provided for employees whose job duties include any hazardous equipment, physical requirements, or potentially dangerous or toxic chemicals.

11.01.04 Employees who perceive that a job assignment is unsafe or might unduly endanger the employee’s health or safety shall report these conditions to the Management Representative. If the Management Representative and the employee cannot resolve the situation, the Company Safety and Environmental Health professional, or designee shall be consulted. No employee shall be disciplined for not performing an assignment that they perceive to be unsafe, unless the Safety and Environmental Health Professional and the Operational supervisor has determined the assignment to be safe in writing, and the employee still refuses to do the assignment.

11.01.05 In the event an employee becomes ill while at work and a Company doctor advises that the employee should not drive, use public carriers, or wait for a usual ride, the Company shall arrange for suitable transportation to the hospital or the employee's home.

12.00 MACHINISTS NON-PARTISAN POLITICAL LEAGUE

12.01 Deduction Guidelines – The Company will deduct from the employee’s wages and turn over to the Treasurer of the Machinists Non-Partisan Political League (MNPL) contributions by any employee who desires to make such contributions to said MNPL and who individually and voluntarily authorizes the Company in writing on an authorization form mutually agreed to between the Company and the Union to make such deductions. All funds so deducted shall be forwarded once each month to the Treasurer of the MNPL, accompanied by a record stating the name of the employee, social security number and amount contributed and so deducted. Such deductions shall be made in accordance with instructions on said authorization card which has been delivered by the Union to the Payroll Department of the Company, and shall be deducted each week from the employee’s paycheck for that week while the employee is on the active payroll.

12.02 Termination Clause – This Section shall be terminated in the event cognizant administrative authority determines that the cost of implementing the withholding procedure for the MNPL program must be borne by the Union unless the Union agrees to bear such costs.

13.00 NEW TECHNOLOGY

The Union and the Company agree that employee job security may be affected by the Company's introduction and utilization of new machinery and equipment such as automated machines and robots. The term "new technology" shall be defined as the installation or introduction of automated manufacturing machines, processing equipment, robots, and computer-aided manufacturing systems which cause the direct elimination of work which has been performed manually by an hourly represented employee. Technological advances such as those referred to in this Section necessitate changes that could affect jobs and the employees assigned thereto. In recognition of the Union's expressed concerns, the Company will assure that the employees whose jobs are directly or indirectly eliminated by the introduction of new machinery and equipment will be offered retraining in the event that equivalent job opportunities are not available. Normally, this training will be accomplished on the employee’s own time or, if the customer provides additional funding for training, will be accomplished on Company time. This training is intended to provide equal or better job opportunities than would have existed had the new machinery or equipment installation not occurred. Such training will only be for a job for which the Company foresees a requirement.

14.00 UNION-COMPANY RELATIONS

14.01 Union Agreement with Objectives

The Union agrees with the objective of achieving the promotion of orderly and peaceful relations with the Company and its employees and uninterrupted activities by the JETS Program Office in support of the National Aeronautics and Space Administration, and will not take, authorize, or condone any action that interferes with the attainment of such objectives.

14.02 Equal Employment Opportunity

The Parties shall not discriminate against or engage in unlawful treatment of any employee or applicant for employment by reason of race, color, creed, religion, sex, national origin, age, disability, veterans status, citizenship, sexual orientation, gender identity, marital status, genetic information or any other characteristic protected by federal, state or-local applicable law prohibiting employment discrimination or other unlawful employment practices, including but not limited to such acts as would violate federal, state or local law(s).

14.03 No Discrimination in Employment or Adverse Effect by Reason of Union Membership Union membership or legitimate Union activity will not jeopardize an employee's standing with the Company or opportunity for advancement, nor will it elicit any discrimination, coercion or intimidation. The Union, its members, or any one acting for or on behalf of the Union shall not discriminate, coerce or intimidate any employee who chooses not to become a member of the Union and such refusal to become a member shall not be the cause of interference with Company operations.

14.03.01 Solicitation of Membership

Employees and Union Representatives shall not solicit Union memberships or collect dues on Company property on Company time, although, such activities may be conducted by employees on Company property on the free time of the employees.

14.04 Union Bulletin Boards and Posting Notices

14.04.01 The Company shall provide bulletin board(s) at location(s) in each building as mutually agreed to between the Company Human Resources Office, or designee and a duly authorized Officer of the Union.

14.04.02 Bulletin boards are the method to be used by the Union for distributing information on Company and Customer property and other methods (e. g., distribution by employees or the Union of any other literature) are not permitted. Bulletin boards may be used by the Union for posting of the following notices:

(1) Notices of Union business

(2) Notices of Union elections

(3) Notices of Union appointments and results of Union elections,

(4) Notices of Union recreational and social affairs

(5) Such other notices as may be mutually agreed to

14.04.03 Any change in the number or location of such bulletin boards will be decided by the Company and the steward of the concerned location.

14.04.04 There shall be no distribution or posting by the Union; or by employees, of advertising or political material, notices or any other kinds of literature on the Company's property other than hereto provided.

15.00 PAYROLL DEDUCTIONS – COMPANY REIMBURSEMENT

15.01 Payroll deductions may be made to reimburse the Company as follows:

15.01.01 All reasonable costs of tools, clothing and equipment issued to any employee but not returned because of negligence in care and use. An employee so charged shall be reimbursed by the Company in the event of the subsequent return of such tools, clothing, and equipment to the Company.

15.01.02 For money paid by the Company to an officer of the law for any indebtedness of an employee, provided demand is made upon the Company according to law.

15.01.03 For any indebtedness due to the Company.

15.01.04 For any loans or advances made to the employee by the Company.

16.00 STRIKES AND LOCKOUTS

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

16.02 In the event of a breach by the Company or the Union of the provisions of this Article, the Company or Union may abrogate this entire Agreement.

16.03 Either party shall be relieved of the obligation in this Article in the event of failure of the other party to comply with an arbitration award made within the authority of this Agreement.

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

16.05 Any Employee or Employees, individually or collectively, who shall cause or take part in any violation of Article 16 or its Subsections shall be disciplined or discharged by the Company.

The degree of such disciplinary action or discharge shall be reviewable through the grievance procedure of this Agreement, for the purpose of determining whether or not the grievant actually participated in such action and to determine if the degree of such discipline was appropriate.

16.06 In the event of a violation of this Section, the Union, and its Officers or agents agree that it will use its best efforts to end such prohibited conduct, utilizing every possible means.

16.07 Any claim that either party had violated the terms of this Article 16.00 may be taken up as a grievance in accordance with Article 22.00 of this agreement.

17.00 INFORMATION FURNISHED TO THE UNION

17.01 The Company shall provide the Union with the following information:

17.01.01 Quarterly, three (3) copies to the Business Representative and Chief Steward of the seniority listing of all employees in the bargaining unit. The listing shall include employee name, department number, job code, job classification, seniority date, and wage rates.

17.01.02 Monthly, a listing of all employees on dues check-off, along with a check for the amount deducted, to the financial secretary.

17.01.03 One (1) copy of an attrition list (hire, rehire, recall, prolonged leave of absence, promotion, reclassification, or department change) to the Chief Steward monthly or upon request by the Chief Steward or DBR. In the event of a termination or layoff the Chief Steward will be notified as it occurs.

17.01.04 For the Business Manager, a listing of the lost time occupational injuries for the month to include employee name, department, and date of the injury, as they occur.

17.01.05 For the purpose of providing information to the Union in compliance with this Article, the Company may opt to provide any such information in an electronic format via email or an attachment thereto, as jointly agreed to by the parties.

18.00 STEWARD REPRESENTATION

18.01 The Union may be represented by Stewards who shall have such duties, rights, and privileges as are provided for in this Agreement.

18.02 The Union agrees to provide the Company, in writing, the names of the employees selected to act as Stewards and the name of the Chief Steward. These Stewards 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 Stewards 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.

18.03 A steward shall be a full-time non-probationary employee, who has acquired a minimum of six months seniority, and who is assigned to work in the Steward Unit of the employees represented.

18.04 Steward Units

18.04.01 A "Steward Unit" shall be comprised of one (1) or more buildings where the Company performs work by shift. There shall be at least one (1) Steward in each Steward Unit. The number of Stewards authorized for each Steward Unit shall be in accordance with the following table:

# Employees # Stewards Min Max 0 50 1 51 100 2

101 150 3 151 200 4

18.04.02 The number and location of Stewards and the location of the Chief Steward shall be initially set by mutual agreement and adjusted by mutual agreement when representation exceeds the ratios outlined in the table above.

18.05 General Rules

18.05.01 Each properly designated Steward shall be authorized to devote time during normal working hours, without loss of pay, for reasonable periods to perform the duties as outlined in this

Agreement. For the purpose of promptly investigating and settling or adjusting disputes, grievances or complaints arising out of interpretations or alleged violation of the terms and conditions of this Agreement. The Chief Steward shall be present at the second (2nd) step of the grievance procedure as provided herein.

18.05.02 A Steward may consult the Chief Steward in the processing or investigation of grievances.

18.05.03 Stewards are subject to all Company rules regarding the conduct of employees.

18.05.04 When performing duties as a Steward, the Steward shall report first to their place of work (1) at the commencement of their regular shift, (2) after any lunch period, and (3) immediately upon completion of any duties as a Steward.

18.05.05 Stewards will cooperate with the Company in reducing to a minimum the time spent in investigating, presenting and adjusting grievances. The privilege of stewards 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 complaints and grievances and will not be abused.

18.06 A Steward shall secure permission before leaving his work station and report back to his supervisor upon return to his work station.

18.07 Introduction of New Employees to Stewards

During the first week of employment or at a time mutually agreed upon between the Steward and Management Representative, normally during the last half-hour of the shift, a one-time meeting shall be arranged for the Steward to meet with new employees (or transferred employees that are new to the bargaining unit) during which the Steward may discuss the advantages of Union membership.

19.00 DRUG FREE WORKPLACE

19.01 The Company continues to be vitally concerned with the health, safety, and well being of all employees. It is recognized that illegal drug use and alcohol abuse can create serious problems for workers, their families, the workplace, and the community. Our goal is to make every effort to provide education and assistance to employees and their families, to encourage employees to receive treatment as needed, and to foster and encourage an environment that is free of illegal drug use and alcohol abuse.

19.02 The Company has developed a high quality program for Drug and Alcohol Testing. This program will meet the provisions of the Federal Government's Drug-Free Workplace Act of 1988 and NASA and Department of Defense directives for a Drug-Free Workplace.

19.03 Management and the Union recognize the need for a partnership to successfully achieve a Drug-Free Workplace. We look forward to the continued support of all teammates in meeting our goal of achieving a workplace that is free of illegal drug use and alcohol use.

19.04 The policy includes, but is not limited to: random testing, as well as testing for reasonable suspicion, testing following an accident and testing upon return to work for a positive drug or alcohol test.

19.05 If a challenged test is requested after a positive analysis, the employee agrees to pay fees incurred from a second test of the same sample performed by the contracted lab. If the second test is negative, the Company will reimburse the incurred fees. The Union shall have the right to inspect the testing lab and verify the chain of custody and, at no time shall the employee or Union be asked to waive constitutional, common law or contractual rights.

19.06 The Company is committed to conducting the highest quality drug-free workforce program that protects the privacy and best interest of our employees. Furthermore, the Company encourages those who need help or counseling to contact the Employee Assistance Program

(EAP).

19.07 Human Resources has oversight responsibility for the Testing Program to verify consistency with and adherence to this policy.

20.00 PROCEDURE FOR DISCIPLINARY ACTION

20.01 An employee may request the presence of a Union Steward during any discussion which may lead to further disciplinary action.

20.02 The Company will comply with and make available to all employees the most current Company operating procedure dealing with employee conduct. This procedure defines verbal warnings up to and including termination for certain violations. Additionally, the Company will adhere to accepted principles in utilizing progressive disciplinary actions/warnings dealing with issues such as tardiness and absenteeism. Other more serious violations will subject employee to more serious discipline up to and including termination.

21.00 HOURS OF WORK AND PREMIUM PAY

21.01 Pay Period, Pay Week, Work Week and Work Day

21.01.01 The standard pay period consists of two (2) pay weeks. Each pay week extends from 12:00 p.m. on Friday to 11:59 a.m. the following Friday. The hours worked during the first half of the shift on the working Friday of the pay period will be counted in the week leading up to that working Friday. Hours worked during the second half of the shift on the working Friday will be counted in the week that follows that working Friday (this includes an employee voluntarily flexing their hours).

21.01.01.01 All employees will be paid via electronic deposit.

21.01.02 A workweek consists of one hundred sixty-eight (168) consecutive hours. The normal work week is Monday through Friday.

21.01.03 A work day consists of twenty-four (24) consecutive hours commencing at 0001 hours and ending at 2400 hours.

21.01.04 Based on customer requirements, employees will be assigned to one of the following schedules: A.) Five (5) eight (8) hour days per week (excluding lunch), or B.) 9/80 schedule.

The 9/80 work week will consist of four (4) nine (9) hour days per week (excluding lunch) Monday through Thursday and an eight (8) hour day (excluding lunch) on the first Friday of each bi-weekly pay period. This Friday will be defined as the “working Friday.”

Because the pay week starts and ends on Friday, the working Friday will include hours charged to two (2) different pay weeks as noted above. This is the purpose for splitting the pay week at 12 noon on Friday and intended to ensure forty (40) hours are worked for each normal pay week for a total of eighty (80) hours for the pay period, while at the same time maintaining the current work objective to have designated Fridays to be off from work according to the 9/80 work schedule.

21.01.05 The Company reserves the right to assign personnel to work five (5) consecutive days other than the normal Monday through Friday work week. The Company intends to make such assignments when the anticipated need for seven (7) day operational coverage exceeds nine (9) continuous weeks. The premium rate for such shift shall be time and one-half (1 ½) of the employee’s regular rate for the first five (5) consecutive days (transition week), after which time only the contractual shift premium (Art. 21.02.04), non-standard workweek premium (21.02.04) and overtime rates (Art. 21.03.02) apply. The non-standard workweek shall first be staffed by volunteers within the department and classification qualified to perform the work based on seniority and; second, the least senior employees within the department and classification who are qualified to perform the work.

21.01.06 Pyramiding of Rates – Overtime or premium rates shall not be pyramided on any workday. Only one (1) premium pay will be observed for an employee at any time. If a difference in premium exists, the premium pay selected for use will be the higher premium. For example, an employee that is part of a test crew will not receive time and one-half (1 ½) of the employee’s regular rate for test crew, plus another time and one-half (1 ½) the employee’s regular rate for overtime.

21.02 Shift and Shift Premium

21.02.01 An employee's shift premium, if any, for consecutive time worked without regard to workday shall be determined by the starting time of such consecutive time worked. When an employee's starting time is between the hours of 4:00 a.m. and 11:59 a.m., inclusive, the employee shall be deemed to be on the first (1st) shift; between the hours of 12:00 noon and 9:59 p.m., inclusive, the employee shall be deemed to be on the second (2nd) shift; and between the hours of 10:00 p.m. and 3:59 a.m., inclusive, the employee shall be deemed to be on the third (3rd) shift.

21.02.02 All employees working second or third shift shall receive a per hour premium equal to two dollars ($2.00) per hour.

21.02.03 Shift premium provisions shall also apply to consecutive hours worked even though such consecutive hours began in one (1) workday and ended in the following workday.

21.02.04 All employees working other than the standard workweek shall receive a premium of one dollar and fifty cents ($1.50) an hour in addition to other bonuses.

21.02.05 Twelve (12) hours off-time from the end of current eight (8) hour shift is required, only if there is a change of shift. If it is required to reduce the twelve (12) hour off-time, the employee will be paid 1 ½ times the regular rate of pay for each hour, or part of each hour that is less than the twelve (12) hours.

21.03 Overtime Pay

21.03.01 No overtime shall be compensated for unless work is performed at the direction of a supervisor or the lead with the authority from a supervisor to do so. Employees will receive forty-eight (48) hours notice prior to the weekend overtime if the Company is aware in advance.

Employees will receive at least twenty-four (24) hours notice, if possible.

21.03.02 Hours worked in excess of eight (8) (or nine (9) based on the assigned work week) hours but not in excess of twelve (12) hours in any one (1) workday shall be paid for at one and one-half (1 ½) times the employee's regular rate of pay (includes lead person bonus, shift bonus, and non-standard workweek bonus). Hours worked in excess of twelve (12) hours in any one (1) workday shall be paid for at two (2) times the employee's regular rate of pay.

It is understood by the parties that any hours worked in excess of eight (8) consecutive hours on the working Friday of the 9/80 bi-weekly pay period will be paid for at one and one-half (1 ½) times the employee’s regular rate of pay (includes lead person pay, shift premium, and non-standard workweek premium).

An employee who is required to work the scheduled Friday off shall be paid for all hours worked at one and one-half (1 ½) times the employee’s effective rate.

21.03.03 Hours worked on the sixth (6th) workday shall be paid for at one and one-half times the employee(s) regular rate of pay.

21.03.04 Hours worked on the seventh (7th) workday shall be paid for at two (2) times the employee(s) regular rate of pay.

21.03.05 It is the intent of the Company where practical to divide overtime equally among affected employees. In accordance with such intent, the Company will maintain overtime records for each overtime group within each department. Overtime records shall be posted and/or made available to all employees within a specified area at any time.

21.03.06 An employee called in prior to the start of the employee's regular assigned shift will be permitted to complete the employee's regular assigned shift so long as work reasonably within the employee's capacity to perform is available.

21.04 Lost Time

Deduction for time off, whether due to tardiness or other causes, shall be at the rate of one-tenth (1/10) of an hour's pay for each tenth of an hour or fraction thereof lost from work.

21.05 Report/Call-In Time

21.05.01 An employee who enters the Company's or customer's facility and who reports for work as scheduled, without previously having been notified not to report, and who works less than four

(4) consecutive hours, without regard to workday, shall be paid a minimum of four (4) hours pay;

provided, however, that if work reasonably within the employee's capacity to perform is available, the employee will be required to perform such work to qualify for the four (4) hours pay. Such pay will also include applicable shift premium and appropriate overtime rate if performed on the employee's sixth (6th) or seventh (7th) day of the employee's workweek.

21.05.02 No pay shall be granted under this section during emergency conditions where work is not available for such reasons as, including but not limited to, an act of God, fire, flood, or power failure. Employees may receive pay under such circumstances only when the customer's contracting officer, who administers the JETS Contract, makes a prior determination that such employees are entitled to receive pay. It is further agreed that his/her decision is final.

21.05.03 Failure on the part of an employee to keep the Company informed of the employee's correct address and phone number relieves the Company of the responsibility of any notification required by this Agreement.

21.06 Call-Back Time

21.06.01 An employee on call-back status is defined as one who returns to the plant at the request of the Company to perform work during hours other than the employee's assigned work shift and, in addition, leaves the plant prior to the start of the employee's next regular shift.

21.06.02 An employee commencing a work assignment on call-back status during any of the first five (5) days of the employee's workweek shall receive either a minimum of four (4) hours straight time pay and appropriate shift premium, if any; or pay (including the shift premium, if any) at the overtime rate set forth in this Article for all consecutive work hours actually performed, whichever is greater; provided, however, that the overtime rate will not be applied to all consecutive hours or work actually performed, if such employee has worked less, or works less, than eight (8) hours during the employee's regular work shift within the workday such call-back assignment commences; but in such event the overtime rate shall be applied only to the extent it would ordinarily be effective when such hours worked on call-back status are viewed in combination with all other hours worked in the workday.

21.06.03 An employee commencing a work assignment on call-back during the sixth (6th) or seventh (7th) day of the employee's workweek shall receive either a minimum of four (4) hours straight time pay (including any applicable shift premium) or pay at the overtime rate set forth in Section 3 of this Article (including any applicable shift premium) for work time actually performed, whichever is greater.

21.07 Incentive Plan For Test Crewpersons or Lock Observer(s)

21.07.01 Represented employees who actually participate as a “Test Crewperson or Lock Observer” in test programs conducted in an environment that increases or decreases pressure on the body, or conducted on aircraft flights where reduced gravity profiles are being performed, will be paid at one and one-half (1 ½) times the base hourly rate of pay for all hours worked on the shift during which they serve as Test Crewperson or Lock Observer. In no case will the employee be paid for less than their regularly scheduled work day.

21.07.02 The test crewperson service must be of a voluntary nature, not a normal requirement of the employee’s job assignment. The lock observer is part of the normal work requirements for altitude test technician.

21.07.03 As test crewperson the employee must be certified as being physically fit for duty as a test crewperson and must sign all required waivers.

21.07.04 As test crewperson the employee must be approved for participation by the medical and test program selection system, complete all preliminary steps and briefings, and actually participate in a test program.

21.08 Pyrotechnics Handlers

21.08.01 Represented employees who are certified as Pyrotechnics Handlers, will be paid at one and one-half (1 ½) times the base hourly rate of pay for all hours worked while handling pyrotechnics materials. This requires compliance with safety procedures and use of all appropriate safety equipment for the job.

22.00 GRIEVANCE PROCEDURE

22.01 There shall be no formal grievance until it has been reduced to writing as provided in paragraph 22.04.00, Step 1, below. The Union agrees that neither Stewards nor other Union officials shall solicit grievances. If an employee files a grievance and later decides to abandon the grievance; and if the Union wishes to pursue such grievance; then, the responsible Union official will amend the Grievance Form to indicate that the employee has dropped the grievance and that the grievance is now considered a "Union Grievance".

22.01.01 Any written claim that the Company has abridged the conditions of this contract may be taken up as a grievance. Such written claim should state when the grievance occurred, what happened, where the grievance occurred, the provision(s) of this agreement claimed to have been violated, and the remedy. The persons filing such grievance will use their best efforts to explain why this is a grievance (e.g. violation of the contract? Supplement? Law? Past practice? Safety regulations? Rulings or awards? Unjust treatment? etc.). This, however, will not restrict the Union from amending the charges or violations.

22.01.02 The grievance procedure will be the primary method for resolving all problems between the Company and the Union.

Informal Complaint:

22.02 Prior to a complaint being considered a formal grievance and being reduced to writing, the complaining employee shall first take up the complaint with his Steward, and either or both shall then…