J-4_Collective_Bargaining_Agreement_-_CBA.pdf

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

S C Jones Services, Inc

Kennedy Grounds and Pest Control

AND

INTERNATIONAL ASSOCIATION OF MACHINISTS AND

AEROSPACE WORKERS, District 166, Local Lodge 2061

AFL-CIO

Kennedy Space Center/Cape Canaveral Air Force Station

April 1, 2018 through March 31, 2021

Table of Contents

Article Page

Preamble 1

1 Purpose 1

2 Effects Of Other Agreements 1

3 Recognition and Scope 1

4 Management's Rights 3

5 Union Security and Check off 4

6 No Strike or Lockout 7

7 Nondiscrimination 7

8 Grievance Procedure 8

9 Arbitration 10

10 Discipline and Discharge 12

11 Safety and Health 13

12 Government Security 14

13 Miscellaneous Provisions 15

14 Workweek, Hours of Work, Work Shifts 17

15 Leaves of Absence 19

16 Sick Leave 23

17 Union Representatives and Union Activities 25

18 Seniority 27

19 Shift Change and Shift Differential 31

20 Overtime 32

21 Wage Rates for New Job Classifications 37

22 Rates of Pay 38

23 Vacation 39

24 Holidays 42

25 Group Insurance 45

26 Retirement 46

27 Savings & Seperability 47

28 Duration 47

Signature of the Parties 48

Schedule A- Wage Grade Table 49

Schedule B- Hourly Wage Rates 49

Administrative Letters 50

P RE AM B L E

This Agreement entered into this 1st day of April 1, 2018 by and between S.C. Jones Services, Inc and the International Association of Machinists and Aerospace Workers, its District Lodge

166 and its Local Lodge 2061 (the Union).

ARTICLE 1

PURPOSE

1.1 This agreement shall constitute the sole agreement between the parties.

ARTICLE 2

EFFECT OF OTHER AGREEMENTS

The provisions of this Agreement shall apply to all employees represented by the Union who are engaged on the KGPC contract, not withstanding provisions of other local agreements which may conflict or differ with the terms of this Agreement

ARTICLE 3

RECOGNITION AND SCOPE

3.1 The Company recognizes the Union as the exclusive collective bargaining agent and representative, with respect to rates of pay, hours of work, and other conditions of employment for employees on the KGPC contract at the John F Kennedy Space Center or other locations in Brevard County, Florida, in the classifications as set forth in the attached Schedule A and made part of this Agreement, or while on TDY assignments while performing work under the KGPC contract.

3.2 This Agreement shall cover all of the work of the occupational classifications set forth in Schedule A of this Agreement on the Grounds Maintenance and Pest Control Contract NNK080D14C at Kennedy Space Center.

3.3 S.C Jones Services, Inc. will conduct work force reductions within the union's historical bargaining unit as specified in Article 19.3.

3.4 Supervisors will not perform the duties of employees in the bargaining unit other than in emergency situations or for the purpose of instructing employees. Such assistance shall not deprive a bargaining unit employee from earning overtime.

3.5 The Company and the Union agree to maintain the status quo regarding work performed by bargaining unit employees covered by this agreement. Non-bargaining unit employees will not perform the work within any classification covered by this Agreement.

3.6 When work is performed on site pursuant to the terms of a basic warranty or lease, vendor/lesser mechanics may supervise and perform actual work on the equipment, machinery or materials under lease or warranty and shall be assisted by bargaining unit personnel. All maintenance work shall be performed by the appropriate bargaining unit employees after expiration of the basic warranty unless otherwise agreed upon by both parties. This clause is not intended to eliminate or reduce any bargaining unit under this contract.

3.6.1 If maintenance is performed off site, equipment will be inspected by appropriate bargaining unit employees before returning the Equipment to service.

3.7 Bargaining unit work shall be assigned to employees within traditional unit lines except that if such work is classified as Emergency or Urgent and traditional bargaining unit employees are not available for immediate assignment, either within classification or on a qualification basis, and cannot practically be reassigned to the higher priority task, such emergency or urgent work may be covered by other bargaining unit employees within their regular classifications until such time as the special need category has been lifted. Shop employees may be designated in advance for priority response, as needed.

3.8 The company will not sub-contract any of the existing recurring services that are currently being performed by the bargaining unit.

ARTICLE 4

MANAGEMENT'S RIGHTS

4.1 The union recognizes that it is the right and responsibility of The Company to maintain discipline and efficiency and agrees that management shall have the freedom of action necessary to discharge its responsibility for the successful execution of the KGPC contract. Except as expressly limited by other provisions of this Agreement, The Company retains the right to direct the working force, including the hiring, promotion, transfer, discipline or discharge of its employees; the assignment and scheduling of work, the requirement of overtime work and the determination of when it shall be worked; the right to promulgate fair and reasonable rules and regulations and to amend or modify such rules from time to time with prior notice to the union; and the right to direct the workforce and execute the requirements of the KGPC contract in a safe and effective manner. Assignment of work will normally be in accordance with established job classifications.

4.2 The foregoing enumeration of Management's Rights shall not be deemed to exclude other rights of management, not specifically set forth, provided that no supplementary right of management may abridge any specific term of this agreement. In addition, the foregoing enumeration of Management's Rights and functions is without prejudice to the union's duty and responsibility for the representation of employees covered by this agreement and its rights, in accordance with the law and the terms of this agreement, to process grievances, disputes or differences as to the interpretation or application of any provisions of this agreement.

4.3 The parties recognize that the use of new technology, equipment, machinery, tools, computers, process assignment practices or labor saving devices and methods of performing work may be initiated by SC Jones from time-to-time on the KGPC contract.

Such technology, and training in the use of such tools, devices or methods shall be provided by SC Jones at no cost to the employee. Appropriate bargaining unit employees will continue to perform such work provided they are or become qualified and unless the technical alterations change the nature of the work in a way that removes it from the scope of the bargaining unit. SC Jones will notify the union of any such change and will be prepared to discuss the impact on the respective bargaining unit prior to implementation. Such initiatives will be implemented only for valid business purposes and shall not be a subterfuge for reducing bargaining unit work. The union agrees that it will not impede the implementation of legitimate new devices or work methods. If there is any disagreement between the Unions and SC Jones concerning the legitimacy of implementation of such, devices or methods of work the implementation will proceed as directed by SC Jones and the union shall have the right to arbitrate the dispute as set forth in Article IX herein.

ARTICLE 5

UNION SECURITY AND CHECKOFF

5.1 Upon receipt of an employee's written authorization, which shall be irrevocable for a period of one year, or beyond the termination date of this Agreement, whichever occurs sooner (when revocation is not otherwise provided by local law), the Company shall deduct from such employee's wages, in accordance with this Agreement, such employee's initiation fee and the Union dues 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. Such written authorization may be revoked by the employee by written notice to the Company and the Union at least thirty (30) days and not more than forty-five (45) days prior to the expiration of such yearly period, or of each applicable Collective Bargaining Agreement, whichever occurs sooner. The employee must notify the Union and the Company during one of these periods by written notice sent by certified mail.

In the absence of such notice of revocation, the authorization shall be renewed for an additional yearly period, or until the end of the Collective Bargaining Agreement, whichever occurs sooner. 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 a refund from the local Union.

5.2 A properly executed Payroll Deduction Authorization Form for each employee for whom Union check-off is required shall be delivered to the office of the Labor Relations Manager before any deductions are made. Deductions shall be made, thereafter, only if the authorization forms have been properly executed. Any authorization which is incomplete or in error will not be activated by the Company.

5.3 Deductions for Union Membership Dues (with a maximum pickup of one month) shall be resumed by the Payroll Accounting Department in the following situations unless written revocation notice from the employee has been received by the Company in accordance with Paragraph 5.1 of this Section:

(A) Upon recall from layoff.

(B) Upon return from prolonged Leave of Absence.

5.4 Deductions for other Union membership dues shall be made from the employee's paycheck monthly for twelve (12) months of the calendar year. Such deductions shall be in the amount certified to the Company by the Union. Any change in the amount of deductions for such Union membership dues shall be made effective for the next full month after written notice of such change by the Union to the Company. In the event a deduction for such dues is not made from one or more consecutive monthly paycheck due to insufficient earnings by the employee, then on the next paycheck that the employee has sufficient earnings, a retroactive deduction shall be made.

5.5 The Union agrees to 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.

5.6 The Company agrees that any bargaining unit employee working under this Agreement on or after the effective date of this Agreement shall, within thirty (30) calendar days, assume and continue financial core membership in the Union as a condition of employment. This obligation shall be effective only on those sites of employment designated as a federal enclave or where otherwise permitted by law.

5.6.1 Union will notify the Company of any non-compliant bargaining unit employee.

The employee shall be provided not less than two weeks to cure the arrearage. If the employee does not establish or regain financial membership in good standing, the employee will be subject to termination at the request of the Union.

5.7 Where permitted by law, all employees of the employer subject to the terms of this Agreement shall, as a condition of a continued employment, become and remain members in the Union, and all such employees subsequently hired shall become members of the Union within thirty-one (31) calendar days, within the requirements of the National Labor Relations Act. Union membership is required only to the extent that employees must pay either (I) the Union's initiation fees and periodic dues or (ii) service fees which in the case of a regular service fee payer shall be equal to the Union's initiation fees and periodic dues, or in the case of an objecting service fee payer, shall be the proportion of the initiation fees and dues corresponding to the proportion of the Unions total expenditures that support represented activities.

The Company will within three (3) working days after receipt of notice from the Union, discharge any employee who is not in good standing in the Union as required by the preceding paragraph.

Dues Deduction Card

INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS

MEMBERSHIP .APPLICATION AND/OR CHECK-OFF AUTHOURIZATION.

Name___________________Date__________Card #.___________________________

Mailing Address_____________________________________M__ F__Date of birth_______

City____________________State/Province_______________Zip/Postal_____________

Ss#________________Email____________________Phone______________Hire date___________

Employer____________________________________Hourly Wage_________________

Class or Work_________________________Years experience______

Shift 1__ 2__ 3__

Membership Application: Check here: __ To the Officers and Members of Lodge No.2061 (the "Lodge" or “Union"). I hereby tender my application for membership in the International Association of Machinists and Aerospace Workers (LAM). I understand that while I may be required to tender monthly fees to the Union, I am not required to apply for membership or be a member as a condition of employment and that this application for membership is voluntary. As a member, I agree to obey the Constitution of the IAM and the by-laws of my Lodge and to support the principles of trade unionism, and I authorize the IAM and/or its designated affiliate to act as my representative for collective bargaining.

If former member of IAM: Card no.__________ Lodge no.__________ Location____________ Last dues paid_________

Check-Off Authorization. Check here:____I authorize my Employer to deduct from my wages and forward to the Union: (1) monthly membership dues or an equivalent service fee; and (2) any required initiation or reinstatement fee as set forth in the collective bargaining agreement between the Employer and the Union and the by-laws of the Lodge. This authorization shall be irrevocable for one (1) year or until the termination of the collective bargaining agreement between my Employer and the Union, whichever occurs sooner. I agree that this authorization shall be automatically renewed for successive one (1) year periods or until the termination of the collective bargaining agreement, whichever is the lesser, unless I revoke it by giving written notice to my Employer and Union not more than twenty (20) and not less than five (5) days prior to the expiration of the appropriate yearly period or contract term. I expressly agree that this authorization is independent of, and not a quid pro quo, for union membership, but recognizes the value of the services provided to me by the Union. It shall continue in full force and effect even if I resign my Union membership, except if properly revoked in the manner prescribed above.

Important Notice: I have examined and acknowledge receipt of the attached "Notice to Employees Subject to Union Security Clauses" (on back of pink sheet). I also understand that IAM members have certain rights and privileges as set forth in the IAM Constitution and in various Federal laws, like the Labor Management Reporting and Disclosure Act (LMRDA). Copies of the IAM Constitution and the LMRDA may be obtained by contacting the IAM General Secretary- Treasurer, 9000 Machinists Place, Upper Marlboro, MD 20772. Union membership dues and agency fees are not deductible as charitable contributions for Federal income tax purposes. Dues and agency fees, however, may be deductible in limited circumstances subject to various restrictions imposed by the Internal Revenue Code.

Your signature Date

FORM NO. MR0001-18 This copy to be retained by Local Union NO:_______________

ARTICLE 6

NO STRIKE OR LOCKOUT

6.1 The union hereby agrees that during the term of this agreement, whether an unfair labor practice is alleged or not, there will be no strike, sympathy strike, slow down, walk out or any other interruption or stoppage of work on the KGPC contract against S.C.Jones Services Inc. including a failure to report for work over another union's picket line. This prohibition does not extend to informational activity away from the worksite.

6.2 The Union also agrees that it will not directly or indirectly authorize, encourage, support or otherwise approve employee refusal to report to the location of normal work assignment and to commence regular work as scheduled, where no rare or unusual physical hazard is involved in proceeding to such location or performing such work.

The Union commits that the officers and agents of the union will take immediate, good faith, and reasonable action to either prevent the occurrence or the continuation of impermissible conduct or activities set forth in this article.

6.3 S.C. Jones Services, Inc. agrees that there will be no lockout of employees covered by this Agreement. Nothing in this clause shall prevent The Company from implementing a layoff of employees or any other reduction in the workforce for valid business reasons.

ARTICLE 7

NONDISCRIMINATION

7.1 To the same extent dictated by applicable laws, SC Jones and the unions agree that there shall be no discrimination by SC Jones or the unions, either separately or collectively, against any employee or prospective employee because of sex, race, color, national origin, religion, age, disability, veteran status or because of union activity, membership, nonmember ship or refraining from engaging in union activity.

Whenever the male gender is used in this agreement as a frame of reference, it shall mean either male or female without distinction.

7.2 SC Jones and the unions acknowledge the reasonable accommodation obligations of the Americans with Disabilities Act and the protected status of qualified applicants and employees with mental or physical disabilities. Nothing in this Agreement shall expand upon either party's statutory obligation nor shall be construed as intending to foreclose reasonable accommodation to qualified persons with a statutory disability, provided that SC JONES must give the union advance notice of any accommodation inconsistent with the terms of this Agreement and bargain with the union in such cases to ensure that the proposed accommodation is required by law and does not unreasonably usurp the seniority rights of other employees covered by this agreement.

7.3 Any employee or the union may file a grievance under Article VIII alleging discriminatory application of this agreement. Such grievances are encouraged and may be processed through Step 3 of the grievance procedure. Any grievance not resolved at Step 3 may be submitted by the Union to final and binding arbitration as specified in Article 9.

7.4 Any aggrieved employee who alleges discrimination in violation of any federal or state statute or regulation may opt at his sole discretion to pursue arbitration provided that the employee acknowledges in writing on a form prescribed by The Company, that the decision of the arbitrator shall be final and binding with respect to the claim of the employee and the defenses of The Company, that the employee voluntarily waives litigation of such discrimination complaint in any other forum and that the employee holds the union harmless from any claims associated with the employee's decision to proceed independently. Unless the union is a party to the arbitration, the arbitrator's award shall not constitute a precedential interpretation of the collective bargaining agreement. In cases where the employee proceeds to arbitration individually, The Company will be responsible for the full cost of the arbitration proceeding, including the fees of the arbitrator. In such cases, both parties shall bear their own attorney's fees.

ARTICLE 8

GRIEVANCE PROCEDURE

8.1 The union and any employee covered by this Agreement shall have the right to present to The Company, and The Company to the union, complaints or grievances pertaining to any matter involving interpretation or application of this agreement.

Employees shall have the right to present complaints and grievances to the immediate supervisor/manager either personally or through the designated union steward. Where employees choose to file a grievance personally, the Union will be notified and will have the opportunity, at its sole discretion, to attend each of the three meetings called for the purpose of discussing and adjusting the grievance. Any such adjustment must be consistent with the terms of this Agreement. The parties commit to a good faith effort to resolve complaints informally before invocation of the grievance procedure.

8.2 All grievances shall be presented as soon as practicable after the occurrence of the event on which it is based, but in no event later than ten (10) working days if it is a dismissal grievance, or if the grievance arises from any other cause, no later than twenty (20) working days from the date the union knew or reasonably should have known of the events giving rise to the grievance. The Arbitrator may consider the timeliness of non-termination grievances filed after the twentieth day and before the forty-fifth day and may continue the matter where there is a justifiable excuse for the untimeliness. The failure to submit a grievance within a period of 45 days shall constitute an absolute bar to further action.

8.3 Time limits for grievances at any step, or for any response, may be extended by mutual agreement between the union and the Company's Labor Relations Manager.

If it is determined under the grievance procedure, including arbitration, that any adjustment in wages is appropriate, such adjustment shall be based upon existing wage rates and shall be applied retroactively to the date of the occurrence, at the discretion of the arbitrator, provided that such date is not more than (20) working days prior to the date upon which the grievance was presented.

8.4 Grievances shall be processed as follows:

The union steward, or designee, shall reduce the grievance to writing on a form developed mutually by The Company and the union and submit it to the appropriate supervisor/manager. A copy must be forwarded to The Company Labor Relations.

The written grievance must specify (1) the facts upon which the grievance is based;

(2) the section or sections of the agreement claimed to have been violated; and (3) the resolution requested.

Step 1: BETWEEN THE SUPERVISOR AND THE STEWARD. The first step meeting shall be held within ten (10) workdays from the date the grievance is filed with The Company. The supervisor shall give the steward his written reply to the grievance within five (5) workdays after the meeting. If the reply is unsatisfactory, the steward, or designee, may appeal the decision to Step 2, provided such appeal is made in writing within ten (10) work days after receipt of supervisor's reply. Any final resolution reached with respect to any grievance at Step 1 shall only apply to that grievance and shall not become a precedent binding on other grievances in the future.

Step2: BETWEEN THE NEXT LEVEL OF SUPERVISION/MANAGEMENT AND THE DESIGNATED UNION REPRESENTATIVE. A Step 2 meeting shall be held within ten (10) work days after the union files the written notice of appeal. The written decision at Step 2 shall be presented to the union within ten (10) work days after the meeting. If this reply is unsatisfactory, the grievance may be appealed to Step 3, provided such appeal is made in writing within five (5) work days following receipt of the second step reply.

Step 3: BETWEEN THE EMPLOYER'S SENIOR SITE MANAGER. OR IN THE

ABSENCE OF A THIRD MANAGEMENT LEVEL. THE COMPANY LABOR

RELATIONS MANAGER OR HIS DESIGNEE(S) AND THE UNION'S BUSINESS

REPRESENTATIVE OR DESIGNEE. A meeting at Step 3 shall be held within fifteen (15) work days after receipt by the company of the written notice of appeal.

The Management Representative shall make a reply in writing not later than ten

(10) work days after meeting with union's business representative or his designee.

The Step 3 decision shall be final and binding on all parties concerned unless the union informs the company in writing within thirty (30) calendar days from the date of such final company decision, that it desires to submit the matter to arbitration.

8.5 In certain circumstances, the union may wish to file a grievance against the Company and the Company may wish to file against the union. In either case, the process shall begin at Step 3 and may be initiated only by the Labor Relations Manager or his subcontractor counterpart or the Union Business Representative or their designees. Such grievances shall be limited to issues dealing with the unit-wide interpretation or application of the agreement or to a class-wide complaint. Such grievances shall be submitted in writing and shall contain the elements set forth for individual grievances in Section 8.5.

ARTICLE 9

ARBITRATION

9.1 Any grievance which has not been finally settled or disposed of in accordance with the steps for the grievance procedure may be submitted to arbitration by filing a timely demand with the SC Jones Labor Relations Manager. The parties will confer promptly upon receipt of the demand to commence the process.

9.2 The parties shall promptly endeavor to select an arbitrator by mutual agreement within fifteen (15) working days of commencement. If they are unsuccessful within the time allotted, either party may request that the Federal Mediation Conciliation Service (FMCS) provide a panel of nine arbitrators from which the designated arbitrator shall be chosen either by mutual agreement or, failing that, by the alternate strike method. Each party shall bear its own costs in the arbitrator selection process. Selection must be made within fifteen (15) working days following receipt of the FMCS list by the parties.

9.3 Arbitration proceedings shall be conducted pursuant to the Rules and Regulations of the Federal Mediation Conciliation Service. The arbitrator may consider only the particular issue or issues presented to him in writing by the union and S C Jones. The authority of the arbitrator is strictly limited to the interpretation or application of the existing terms of this agreement and any appended Union Schedule Agreement. All other matters are expressly excluded from arbitration unless mutually presented to the arbitrator. The submission to the arbitrator shall be limited to one grievance unless otherwise agreed by SC Jones and the union. The arbitrator shall have no power to add to, subtract from or modify any of the terms of this Agreement, Except for resolving disputes pertaining to wage rates for new classifications, as set forth in Article 25, the arbitrator shall have no power to establish wage rates, job classifications, fringe benefits of any kind or any other economic or working conditions.

9.4 The decision of the arbitrator shall be in writing and the arbitrator shall endeavor to render the decision within thirty (30) days after the conclusion of the hearing and the parties' submission of the record. The decision of the arbitrator, when so made, shall be final and binding on all parties provided it complies with the terms of federal and state law.

9.5 The cost and expenses of the arbitrator shall be born equally by the parties. The union assumes the responsibility for paying employees, who are called by the Union or an employee to participate in an arbitration hearing, for the time spent testifying or awaiting testimony. Time spent by the grievant in other than termination cases, or time spent participating in the arbitration hearing awaiting testimony at the request of the Company, shall be treated as time worked.

9.6 As specified in Article 4.8.3, if the union does not agree to a proposed teaming arrangement, either party may refer the matter to expedited arbitration after the conclusion of good faith negotiations. The Arbitrator shall be governed by the following factors in determining whether to uphold or reject management's proposal.

The duration, scope and nature of the Teaming assignment.

Is there a valid, substantial business reason for the proposed Teaming arrangement?

Is the Teaming arrangement a subterfuge for undermining historical bargaining unit alignments?

Does the Teaming arrangement create a material advantage or disadvantage for any affected union?

Is the arrangement consistent with the terms of this Agreement?

ARTICLE 10

DISCIPLINE AND DISCHARGE

10.1 The parties agree that the company has the right to discipline or discharge an employee, for just cause. Any employee who has been terminated or suspended shall have the right to expedite the filing of a grievance as set forth in Section 9.2 of the grievance procedure. Except as otherwise provided in this agreement, all other employee grievances shall be processed consistent with the contractual grievance procedure.

10.2 The union shall be notified of all grievance meetings to be held with respect to employee discipline and shall have the right to participate in any such hearing. It is understood that an employee subjected to disciplinary action will be entitled, upon his request, to representation by a designated union representative.

10.3 An employee subjected to lost time discipline (suspension or termination) shall be furnished with a statement in writing setting forth the conduct or circumstances upon which such action is based.

10.4 The provisions of this Article do not apply to any employee still in the probationary period.

10.5 All letters regarding an employee's discipline (warning or suspension) will cease to have effect, for progressive disciplinary purposes, after a period of (1) year from date of issuance, provided that there has been no related repetition of such conduct or circumstances during the applicable one year period except that records relating to vehicular accidents in government or Contractor vehicles or equipment or in a work status shall have an effective period of two (2) years.

ARTICLE 11

SAFETY AND HEALTH

11.1 The company recognizes its responsibility to provide a safe and healthful working environment for employees. The union also recognizes its responsibility to cooperate with the company in maintaining and improving a safe and healthful working environment. The parties agree to confer and use their best efforts to achieve these objectives through such joint initiatives as VPP. Both parties agree that reasonable safety rules of S C Jones, which are not inconsistent with Federal or state law, shall be complied with by all employees. The Company and the Union will mutually agree on Safety Monitors.

11.2 In the interest of continued safety of individuals and their fellow employees, any applicant for employment or any employee may be required through Government (NASA) regulations or by the Company to undergo a medical examination by a doctor of the Government's (NASA) or the Company's selection. If the diagnosis or examination results furnished by the Company doctor are not satisfactory to the employee, he may obtain an opinion from his own doctor. If a disagreement still exists, an additional doctor, mutually agreed upon by the Company and the Union, will be acquired for his analysis. If the mutually agreed upon doctor's diagnosis agrees with the employee's doctor, the Company shall only pay for the services of the mutually agreed upon doctor. The cost Incurred for services of all other non-company physicians shall be the sole responsibility of the employee who gave rise to the dispute.

11.3 SC Jones will furnish proper and modern mandatory safety and sanitary devices for all employees. In areas where SC Jones determines that safety shoes or safety glasses are required, SC Jones will provide or pay the cost up to a maximum of one hundred and twenty five dollars ($125.00) for safety shoes and two hundred dollars ($200.00) for safety glasses each calendar year. Any amount in excess of $125.00 for safety shoes and $200.00 for safety glasses shall be the responsibility of the employee.

Shoes purchased from an outside vendor must be approved as certified safety shoes. It shall be mandatory for all employees to use such safety devices and/or safety shoes that are designated by SC Jones as necessary. If an employee's safety shoes are damaged/destroyed through no fault of his own, an additional pair may be approved by the employee's supervisor.

11.4 Employees taken ill or injured on the job will be assisted to receive appropriate medical attention. If such medical attention is rendered during regular working hours, the time spent during that work day shall be treated as time worked.

11.5 In accordance with the Drug-Free Workplace Act of 1988, the Civil Space Employees Drug Testing Act, the and other Federal regulations, SC Jones and the union agree to exercise their best efforts to provide a workplace that is free from the illegal use, possession, or distribution of drugs or other controlled substances or the misuse of prescription drugs, and that is free from the influence of alcohol.

ARTICLE 12

GOVERNMENT SECURITY

12.1 The union acknowledges that S C Jones has certain security obligations in its contracts with NASA and the Department of Defense and that industrial and governmental security is vital to the KGPC program. The union agrees that in the event that representatives of the appropriate governmental agency concerned with security, advise or have advised S C Jones, in writing, that any employee in the bargaining unit covered by this agreement is denied work on or access to classified information, material, restricted areas or an employment related clearance, that such employee shall be immediately removed from that position. The employer shall endeavor to locate an alternative position consistent with the security restriction, provided that if no such position is available, the employee may be released for just cause.

12.1.1 For purposes of this Section, employees who are permitted access with an authorized escort, shall not be removed provided there are personnel available to serve as escort without additional time requirements and within the scope of the employees regular job duties.

12.2 It is understood that there shall be no liability, financial or otherwise, on the part of SC Jones -for any suspension, change in status, or transfer growing out of a denial of work on or access to classified information, material or restricted areas for any unallowable expenses incurred by SC Jones as a result of SC Jones compliance with Government Security directives. Lost work time because of a denial or withdrawal of security clearance by the appropriate governmental agency shall not be subject to the grievance and arbitration procedures, except for issues pertaining the Company's receipt of documentation from the Government or the Company's efforts to locate alternate employment.

12.2.1 Nothing in this Agreement shall preclude the employee from pursuing any legal remedy he may have against any agency, organization, or person outside the Company by virtue of any suspension, termination, or change in status under this Article.

12.3 SC Jones agrees that if the employee's security clearance is reinstated within one year of withdrawal, the employee will be restored to his former position consistent with principles of seniority. Any such reinstated employee shall accrue uninterrupted seniority.

12.4 S C Jones, representatives of the union having access to the premises, and all employees are required to comply with the applicable government security regulations on the KGPC contract. SC Jones and the union agree that security information will be revealed only to persons properly cleared and required to have the information by the government. If an employee has not been granted necessary security clearances in all work areas required to perform the employee's job duties within one year from the date of employment, or the date of request, the employee may be released for just cause.

12.5 Any Security rules, regulations or directives imposed on SC Jones by the United States Government, which apply to the KGPC contract activities, shall be provided to the union and apply with equal force and effect to the employees covered by this agreement.

ARTICLE 13

MISCELLANEOUS PROVISIONS

13.1 The company will provide bulletin boards for the use of the union at mutually agreed locations. Their use will be restricted to the following:

•Notices of union recreational and social affairs

•Notices of union elections and their results

•Notices of union meeting

• Notices regarding union business signed by the President or principal officer.

•Any other information which is mutually agreed to by the Labor Relations

Manager or his designee and the union representative.

13.2 Any inventions or other intellectual property developed during the course of an employee's duties on the KGPC contract or otherwise relating to work performed on KGPC shall be owned by SC Jones or the appropriate governmental agency.

13.3 The union agrees to report to SC Jones when it has knowledge of any threats or acts of sabotage or damage to, or the unauthorized or unlawful taking of, SC Jones government or other employee property. The union further agrees, if such acts occur, to use its best efforts in assisting to identify the person or persons responsible and to cooperate with the SC Jones or government investigation.

13.4 Lead Employees: On occasion, Management may determine that it is necessary to delegate Lead responsibilities to the employees under his direction.

Employees so selected shall be expected to:

1. Make detailed work allocations as instructed by the supervisor.

2. Be responsible for furnishing sufficient and accurate information to employees working under his direction.

3. Interpret information, answer questions, review, check work, and eliminate ordinary difficulties.

4. Perform other duties and responsibilities necessary to accomplish work assignments.

Employees selected to perform Lead responsibilities will not appraise the work of other employees or make, as a result of solicitation by the supervisor, recommendations concerning employment, release, transfer, upgrading or disciplinary action relative to other employees, or to be directly responsible for the quality or quantity of work produced by other employees.

13.5 Limited Duty; SC Jones may provide limited duty assignments to employees with a disability subject to job/position availability. Such assignments shall be for an initial duration of up to 90 days but may be extended by mutual agreement between SC Jones and the Union. Such assignments must be within the scope of the employee's job qualifications and medical limitations. Employees on limited duty will receive full benefits while on active pay status but will earn vacation and sick leave credits only if they work at least 50% during each calendar month.

Normally, limited duty employees will be excluded from overtime; however, if the limitations do not impact his normal job duties, he will be eligible for overtime.

13.6 All employees shall have access to and the right to inspect his/her personnel record in the presence of a company representative during normal business hours. An employee will not be entitled to remove or photocopy any portion of the personnel file, except for the employee's own application and resume.

13.7 Travel Reimbursement: Travel reimbursement will be in accordance with established Company Policy.

13.8 Contributions to Machinists' Nonpartisan Political League

Upon receipt by the Company of a signed voluntary authorization by an employee, on a form approved by the Company, requesting that there be deduction made from his wages, in a monthly amount designated by the employee, such deductions to be forwarded to the Union for use by the Machinists' Nonpartisan Political League, the Company will therefore, make such deductions and forward them to the Machinists' Nonpartisan Political League, in care of the Union. Such authorization will remain in effect for the duration of this Agreement, unless earlier canceled in writing by the employee.

13.9 Training

The Company shall make a reasonable effort to conduct ongoing training within each classification. Such training shall be given on the basis of seniority within the affected job classification and may include training in specialized job functions to assure continuity of operations. Training assignments may not deprive any regularly assigned employee of a work or overtime opportunity without agreement with the union. Training costs will be paid by the company.

The Union shall have the right to confer with the Company on matters pertaining to training. A training committee composed of up to 3 employees appointed by the Union and a like number by the Company (in area affected) shall meet as requested to discuss training issues.

ARTICLE 14

WORKWEEK, HOURS OF WORK, WORK SHIFTS

14.1 SC Jones agrees that consistent with meeting the requirement of the KGPC contract, every reasonable effort will be made to arrange work schedules so that a maximum number of employees will be assigned to shifts Monday through Friday. Each employee shall have two (2) consecutive scheduled days off in each workweek.

SC Jones shall have the right to assign employees to a non-regular workweek when necessary. This Agreement shall not be construed as guaranteeing any employee a specific number of hours of work per day or per week. The Company shall not be limited to any exercise of its right to require an employee to work overtime.

14.2 Normal Workweek: The normal workweek for employees covered by this Agreement shall consist of not less than forty (40) hours in five (5) consecutive days. Each work day shall consist of eight (8) consecutive hours, exclusive of meal times. Once an employee's workweek is established, it will remain fixed but may be changed for valid business reasons with a minimum of five days prior notice.

14.3 Absent mutual agreement, odd workweeks will be scheduled consistent with the parties historical scheduling matrix and employees will not be scheduled back to back to require more than five consecutive days of work. Employees shall not be required to suspend work during regularly scheduled hours to avoid overtime.

14.4 Payroll Workweek: The payroll workweek for all employees shall begin at 12:00 midnight Friday and end at 12:00 midnight the following Friday (i.e., seven (7) consecutive calendar days, Saturday through Friday, inclusive).

14.5 Regular Shifts: Each employee shall be assigned to a shift with designated times of beginning and ending. The designated time for beginning each shift shall be a period of time within the following schedule:

First shift shall commence between 5:30 a.m. and 8:30 a.m.

Second shift shall commence between 2:00 p.m. and 5:00 p.m.

Third shift shall commence between 10:00 p.m. and 1:00 a.m. the following day.

Non-regular work week shall be considered a shift and shall comply with regular shift time schedules.

14.6 For first and second shifts, the unpaid meal periods shall be within the timeframe of three and one half (3 1/2) hours after each shift begins and three (3) hours before the end of the shift. For third shift, the paid meal period shall be within the timeframe of three (3) hours after the start of the shift and two (2) hours before the end of the shift.

Meal periods may be changed by mutual agreement. Rest periods will be designated by the Company before and after the scheduled meal period on each shift.

14.6.1 Employees in designated work locations, at the discretion of management and with the concurrence of the Union and the Manager of Labor Relations, will be allowed to combine their lunch and rest periods for the purpose of extending their lunch period to a time frame not to exceed fifty (50) minutes. In the event an employee is required to work through lunch, he shall only be paid for a thirty (30) minute period of time. It is further understood that in consideration of this combination of time, employees will not take or be given additional rest periods.

14.7 Any employee assigned to work on a non-regular workweek (other than Monday through Friday) shall have a premium of one dollar ($1.00) per hour added to his base rate and made a part thereof while so assigned. In scheduling a non-regular workweek, the Company will first attempt to meet its non-regular workweek assignments on a voluntary basis among the employees regularly performing the work. The most senior qualified volunteer will be given preference from among the volunteers. In the event there are insufficient volunteers to meet the requirement, the supervisor may designate and require the necessary number of employees to work the non-regular workweek in inverse order of seniority, among the qualified workforce.

14.7.1 The maximum number of employees assigned to a non-

regular workweek shall not exceed nineteen percent (19%) of the respective bargaining unit, without union agreement. If additional employees are needed to meet operational requirements, then the Company shall inform the union and the parties will meet promptly to discuss the reasons for increasing the percentage. The Union agrees that such approval will not be unreasonably withheld.

14.8 Any employee who reports for work during a base closure shall receive a special pay differential of seven dollars and fifty cents ($7.50) per hour in addition to any other pay entitlement they may have for such an assignment.

ARTICLE 15

LEAVES OF ABSENCE

15.1 Application for Leaves of Absence: No application for leave of absence will be considered unless it is applied for in writing on forms provided for that purpose.

Whenever practicable, all leaves except Death in the Immediate Family, should be requested one (1) week prior to leave or as soon as the Employee has notice of the need for leave. The request form will specify the type of leave and the dates of start and return from leave, and will be signed by the employee or someone acting on his behalf. The Company's response to the leave application will be provided in writing.

15.2 Leaves of absence shall be granted at the discretion of the Company except for those categories of leave mandated in this Agreement or as required by law. The Company reserves the right to investigate and request from the employee, documentary proof of the conditions verifying the basis for the leave.

15.2.1 Eligibility for Leave of Absence: Employees who have completed ninety

(90) days of satisfactory service are considered eligible for consideration for leaves of absence as hereinafter defined.

15.3 Leave of Absence: Except as described below, a leave of absence is time off without pay for an amount of time appropriate to the circumstances. The leave may be with or without benefits, depending on the circumstances and applicable law. Employees on leave shall not accrue time off benefits (i.e., vacation, sick leave) while on leave. Any renewal in approved leave must be by mutual written agreement.

15.3.1 Any employee on a leave of absence for thirty (30) days or more shall, not later than two (2) weeks prior to his scheduled date of return, confirm to the Manager of Human Resources the date of his intended return to active employment. Any request to change the scheduled date of return or intention to resign should be reported as soon as known.

Employees returning from a leave of absence shall be restored to the job last held, provided the employee has seniority to hold that position.

Employees who are not able to return to the same position under this paragraph shall be entitled to exercise seniority rights as specified in the applicable Schedule Agreement.

15.3.2 Those employees returning from a medical leave of absence will furnish a signed letter from his personal physician attesting to physical fitness for resumption of employment, if requested by Human Resources, and will make arrangements through Human Resources to be examined by the Company physician before returning to work.

15.3.3 Any employee returning from a medical leave of absence who is unable to perform the job last held due to medical limitations may be considered for any available positions that he is qualified to perform or for limited duty as specified in Article 14.5.

15.4 Employees on leaves of absence will be terminated if they have:

15.4.1 Failed to furnish a true statement of the reasons for leave.

15.4.2 Accepted other employment while on leave, without the approval of management.

15.4.3 Failed to return to work at the expiration of leave.

15.5 Types of Leave of Absence

15.5.1 Medical Leave of Absence

Time off, without pay, will be provided for documented sickness or injury to the employee or family member which renders an employee unable to perform work. Said period shall not exceed one (1) year but may be extended month by month for up to an additional twelve (12) months, subject to the requirements of the KGPC contract, provided the employee's unrestricted return to duty is reasonably foreseeable within the period of extension.

15.5.2 Military Leave of Absence

Time off for active duty while in the Armed Forces: The leave of absence form will be made out for the duration, which will agree exactly with the period of enlistment on the military orders, for a maximum of four (4) years, barring involuntary extensions. At the expiration of this leave, the employee is expected to report his status either by returning to work at the expiration of his temporary duty; by returning to work within ninety (90) days of his discharge and submitting proof of satisfactory service; or by requesting an extension of leave of absence due to continuing military obligations of an involuntary nature.

A military leave does not cause a break in service, providing the employee returns to work in accordance with the terms of his leave and the Selective Service Acts.

15.5.3 Military Training Absence

An employee who is a member of a reserve component of the Armed Forces or the National Guard who is required to…