Attachment J-Q CBA - Amendment 02.pdf

Enterprise Multimedia and Integrated Technical

Services (eMITS)

RFP - 80TECH22R0001

Contract: TBD

Attachment J-Q

Collective Bargaining Agreements (CBAs

June 2022

COLLECTIVE BARGAINING

AGREEMENT

between

ASRC FEDERAL DATA SOLUTIONS (AFDS)

and

INTERNATIONAL BROTHERHOOD

OF

ELECTRICAL WORKERS

LOCAL NO. 2088

EFFECTIVE

September 11, 2021 – February 28, 2025

Master Agreement Communications Services Supplemental Agreement PAO (KSCTV) Services Supplemental Agreement

Master Agreement i

TABLE OF CONTENTS

PREAMBLE

ARTICLE I - GENERAL PROVISIONS

Section 1 - Recognition and Jurisdiction Excluded Employees

Section 2 - Period of Agreement Section 3 - Waiver Section 4 - Right to Manage Plant Section 5 - Non-Bargaining Unit Employees Performing Bargaining Unit Work Section 6 - Strikes and Lockouts Section 7 - Union Responsibility Section 8 - Deductions from Earnings Section 9 - Separability Section 10 - Security Regulations Section 11 - Nondiscrimination in Employment Section 12 - Educational Reimbursement Section 13 - Sanitary, Safety, and Health Conditions Section 14 - Employment of the Handicapped Section 15 - Sole Agreement Section 16 - Waiver of Obligation Section 17 - Technological or Changes in Scope Section 18 - Government Responsibilities Section 19 - Disclipline Section 20 - Drug Free Work Place Section 21 - Effect of Law Section 22 - Buddy System Section 23 - Succesors

ARTICLE II - UNION-COMPANY RELATIONS

Section 1 - Union Representatives Section 2 - Union Officials Section 3 - Cooperation Section 4 - Bulletin Boards and Posted Notices Section 5 - Reports

ARTICLE III - GRIEVANCE PROCEDURE

Section 1 - Complaints Section 2 - Time for Presentation of Grievance Section 3 - Presentation of Grievance Section 4 - Direct to Third Step Section 5 - Arbitration

ARTICLE IV - SENIORITY

Section 1 - Continuous Service Credit Section 2 - Acquisition of Seniority Section 3 - Accumulation of Seniority Section 4 - Computation of Seniority Section 5 - Termination of Seniority Section 6 - Employees Transferred Out of the Bargaining Unit Section 7 - Employees Entering Armed Forces

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ARTICLE V - SENIORITY PROVISIONS

Section 1 - Layoff Section 2 - Transfers of Employees When a Seniority Group is Discontinued Section 3 - Recall Section 4 - Shift Preference Section 5 - Seniority Privileges for Union Representatives Section 6 - Seniority List Section 7 - Promotional Policy Section 8 - Temporary Promotion Section 9 - Pay Rate on Promotion Section 10 - Automatic Rate Progression Section 11 - Pay Rate on New Classification

ARTICLE VI - EMPLOYEE PRIVILEGES

Section 1 - Vacation Policy Section 2 - Sick and Injury Leave - Bereavement Leave Section 3 - Holiday Observance Schedule Section 4 - Leaves Without Pay Section 5 - Jury Duty Section 6 - Military Reserve Training Leave Section 7 - Severance Pay

ARTICLE VII - PAY PROVISIONS

Section 1 - Wage Rates Section 2 - Hours of Work and Overtime Section 3 - Travel Reimbursement Policy Section 4 - Report Time Section 5 - Pay Period Section 6 - Lost Time Section 7 - Payroll Deductions-Company Reimbursement

ARTICLE VIII - APPLICATION OF JOB DESCRIPTIONS AND GLOSSARY OF TERMS

Section 1 - Job Descriptions Section 2 - Glossary of Terms and Phrases

ARTICLE IX - PAO SERVICES PROVISIONS

SEE PAO SERVICES SUPPLEMENTAL

ARTICLE X

Section 1 - Effective Date of Agreement

SCHEDULE A - IBEW CLASSIFICATIONS BY GRADE FOR COMM SERVICES

SEE COMM SERVICES SUPPLEMENTAL

SCHEDULE A -1 - IBEW CLASSIFICATIONS BY GRADE FOR PAO SERVICES

SEE PAO SERVICES SUPPLEMENTAL

Master Agreement iii

SCHEDULE B - COMM SERVICES SENIORITY GROUPS

SEE COMM SERVICES SUPPLEMENTAL

SCHEDULE B-1 - PAO SERVICES SENIORITY GROUPS-

SEE PAO SERVICES SUPPLEMENTAL

APPENDIX A

Comm Services Wages - SEE COMM SERVICES SUPPLEMENTAL

APPENDIX A-1

PAO Services Wages - SEE PAO SERVICES SUPPLEMENTAL

APPENDIX B

Benefits

APPENDIX C

Hurricane Pay Policy

APPENDIX D

Changes in ODD Work Week Schedule

ADMINISTRATIVE LETTER NO. 1

Physical Standards, Licensing And Certifications

ADMINISTRATIVE LETTER NO. 2

Meetings and Considerations

ADMINISTRATIVE LETTER NO. 4

Project Employee Agreement - SEE COMM SERVICES SUPPLEMENTAL

ADMINISTRATIVE LETTER NO. 6

PAO (KSCTV) Interns - SEE PAO SERVICES SUPPLEMENTAL

ADMINISTRATIVE LETTER NO. 7

PAO (KSCTV) Freelance - SEE PAO SERVICES SUPPLEMENTAL

ARTICLE I

Master Agreement 1

PREAMBLE

This Agreement entered into by and between ASRC Federal Data Solution (AFDS) hereinafter called the “Company” (the term “Company” as used throughout this Agreement refers only to those areas of the Company covered by this Agreement as defined in Article I, Section 1, hereof and the International Brotherhood of Electrical Workers Local No. 2088 of the A.F.L. - C.I.O., hereinafter called the “Union”), a nonprofit organization, evidences the desire of the parties hereto to promote and maintain harmonious relations between the Company and the Union.

ARTICLE I - GENERAL PROVISIONS

Section 1 - Recognition and Jurisdiction

The “Company(s)” recognizes the “Union” as the sole and exclusive collective bargaining Agent with respect to rates of pay, salaries, hours, and other terms and conditions of employment. The word “employee” or “employees” as used in this Agreement means all of ASRC Federal Data Solution (AFDS), occupying job classifications set forth in Schedule A and A-1, attached hereto and working in the following Kennedy Infrastructure, Applications and Communications (KIAC) Contract departments at John F. Kennedy Space Center, Cape Canaveral Air Force Station, Brevard County, Florida and surrounding areas: Voice, Transmission, Cable and Wire Systems, Imaging Services, KSC Timing and Countdown and PAO (KSCTV) Services or their successor departments

Excluded Employees

The following employees are excluded from the above bargaining unit: All employees currently represented by another labor organization, all professional and administrative employees, confidential employees, watchmen, guards, confidential secretaries, and all managers and other supervisors as defined in the Labor-Management Relations Act, as amended.

Section 2 - Period of Agreement

A. This Agreement shall remain in full force and effect from Sept. 11, 2021, until Midnight, Feb. 28, 2025, and thereafter from year to year until modified, amended or terminated as hereinafter provided. Notice to modify or amend this Agreement will be given not less than sixty (60) days and not more than seventy-five (75) days, prior to 12:01 a.m. Feb. 28, 2025, and during a like period of any subsequent year that this Agreement remains in effect.

Either party may give to the other written notice of desire for modification(s) or amendments. The parties agree to exchange proposals for modification or amendment within fifteen (15) days after the giving of such notice. In the event of a failure of the parties to reach an agreement upon such modifications or amendments by midnight Feb. 28, 2025, or midnight Feb. 28 of any subsequent yearly period for which this Agreement remains in full force and effect, either the Company or the Union may terminate the Agreement upon five (5) days written notice to the other. The parties may mutually agree to extend this Agreement for a specific period of time for further negotiations.

B. In the event of instructions from the Federal Government to alter or change the working schedule now in effect, the Company may, upon fifteen (15) days written notice, reopen negotiations with the Union to the end of amending such Sections of this Agreement as pertain to hours of work and/or overtime payment for the sole purpose of considering objectives desired by the Government.

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C. Any notice given under this Section shall be deemed to be served when mailed, postage prepaid, registered or certified mail, return receipt requested, to the designated Labor Relations representative for service upon the Company and when similarly mailed to the Business Manager, Local Union Number 2088, International Brotherhood of Electrical Workers, Merritt Island, Florida, for service upon the Union.

The date of receipt shown on the registered or certified return mail receipt shall be the controlling date for all purposes under this Agreement.

D. For the purpose of computing the number of days which elapse after any notice is given under this Section, the day such notice is received shall not be counted.

Section 3 - Waiver

The waiver of any breach or condition of this Agreement by either party shall not constitute a precedent for any further waiver of such breach or condition.

Section 4 - Right to Manage Plant

The Company has and will retain the right and power to manage the Kennedy Infrastructure, Applications and Communications (KIAC) Contract activities at Kennedy Space Center and direct the working forces, including the right to hire, to discipline, suspend or discharge for just cause, to promote, demote and transfer its employees, subject to the provisions of this Agreement. Any claim that the Company has exercised such right and power contrary to the provisions of this Agreement may be taken up as a grievance.

Section 5 - Non-Bargaining Unit Employees Performing Bargaining Unit Work

Professional employees, non-bargaining unit employees and supervisors, will not perform the work of the occupational classifications covered by this Agreement, except for purposes of training, systems evaluation, system validation certificates or certification, or emergency conditions to meet mission support requirements this does not imply non-bargaining unit employees may perform hands-on work on operational systems.

If any work by non-bargaining unit employees needs to be performed on a field deployed developmental systems the Teaming Arrangements will include the appropriate bargaining unit employees. The teaming arrangements will be agreed mutually by the Company and the Union.

An emergency condition is defined as an unsafe condition which, if not resolved, could result in damage to flight hardware, facilities or the safety of employees, as determined by the cognizant organizational director. In the event an emergency condition occurs the Business Manager or designated representative will be notified as soon as possible, but no later than the next business day.

The Company will ensure that the terms of this section are understood and applied throughout the Company in keeping with the spirit and intent herein.

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Section 6 - Strikes and Lockouts

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

Section 7 - Union Responsibility

The Union agrees with the objectives of achieving the highest level of employee performance and efficiency consistent with safety, good health and sustained effort, and will not take, authorize, or condone any action, which interferes with the attainment of such objective. In the event of a breach by the Union of the provisions of Article I, Section 6, of this Agreement, the Company may abrogate this entire Agreement.

Section 8 - Deductions from Earnings

A. The Company will deduct from his wages and turn over to the Union, the Union

Membership Dues of each employee who individually and voluntarily authorized the Company in writing to make such deductions. The term “Union Membership Dues”, as used herein shall include Union initiation fees, assessment or reinstatement fees of employees rehired by the Company, with or without seniority, when such employees are reinstated or rejoin the Union.

Such deductions shall be made in accordance with the following provisions:

(1) Such deductions shall be made only in accordance with instructions upon authorization cards, which shall be in a form mutually agreed to between the Company and the Union. In order to be effective, such authorization cards shall be delivered via mail by the Union to the Labor Relations Department of the Company.

(2) Deductions from that portion of the Union Membership Dues consisting of Union initiation fees assessment or reinstatement fees, as provided above, shall be deducted from the employee’s paycheck on a monthly basis

(3) Deductions for other Union Membership Dues shall be deducted from the employee’s paycheck on the first pay period of each calendar month in accordance with the Local Union’s bylaws current dues structure. Any change in the Union Dues Structure 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 paychecks due to insufficient earnings by the employee, then on the next pay check that the employee has sufficient earnings, a retroactive deduction shall be made.

(4) To be effective, dues deduction authorizations must be received by the Labor

Relations Department of the Company by 4:00 p.m. on or before the last day of the month.

Master Agreement 4

(5) PAYROLL DEDUCTION AUTHORIZATION CARD

I, ____________________________________________, hereby authorize and direct my current employer, ASRC Federal Data Solutions or successor employer to the contract under which I maintain continuous employment with to deduct from my wages, on the first pay day of each month my regular membership dues in Local Union No 2088, International Brotherhood of Electrical Workers, AFL-CIO, an amount equal to the dues in accordance with the Local Union bylaws, as an employee of said Company and submit same to the said Union. This authorization is voluntarily made in order to pay my fair share of the Union’s cost of representing me for the purposes of collective bargaining, and this authorization is not conditioned on my present or future membership in the Union.

This authorization shall remain in effect for one (1) year, without regard to whether I am a Union member during that period, and shall be automatically renewed from year to year, for a period of one (1) year, unless within ten (10) days of the anniversary of this authorization, I revoke this authorization in writing, by certified mail or not more than twenty (20) calendar days and not less than ten (10) calendar days prior to the expiration of each period of one (1) year or of each applicable bargaining agreement between the Company and Union, whichever occurs sooner.

I acknowledge that as long as I am employed under a contract lawfully requiring membership in Local 2088 as a condition of continued employment, the withdrawal of this payroll deduction authorization as herein provided shall not relieve me of the obligation to pay Union dues as required by the contract between the Union and the Employer

FEES, DUES AND ASSESSMENTS

COVERED BY THIS AUTHORIZATION

ARE NOT DEDUCTIBLE AS CHARITABLE

CONTRUIBUTIONS FOR FEDERAL INCOME

TAX PURPOSES

PRINT NAME

EMPLOYEES SIGNATURE

DATE

Master Agreement 5

(6) Revocations shall be made effective on employees’ paychecks after one (1) full month following receipt of notice as herein set forth. To be effective at such time notice from the Union must be received in the Labor Relations Department of the Company by 4:00 p.m. on or before the last day of the preceding month.

(7) 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 Union has been received by the Company in accordance with subparagraph (5) of this Section:

(a) Upon recall from layoff,

(b) Upon return from prolonged leave of absence

(c) The Company will not withhold Union dues from members who are on a Medical or Military Leave of Absence. The Company’s payroll office and the Union office will be informed when a member’s status changes to a Medical or Military Leave of Absence and when the member status returns to an active status. The Company payroll office will resume the deduction of dues beginning upon the member’s return to active status.

B. The Company will mail a check to the Union for the deductions referred to above on a monthly basis. The check will be mailed within ten (10) working days following the first payday of the month. The Company shall provide the Union with a monthly record of dues deductions and employees rate of pay, with such record to be on the basis of the Company’s accounting months.

C. Where moneys have been deducted from the pay of any employee who does not owe such moneys, it shall be the responsibility of such employee to obtain a refund from the local Union. The Union agrees that it shall hold the Company harmless against any and all complaints, claims, judgments, or demands that may arise out of, or in any way be related to, compliance by the Company with the terms of this section or in reliance by the Company upon any document furnished to the Company by the Union pursuant to the provisions of this section.

Section 9 - Separability

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

Master Agreement 6

Section 10 - 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.

Therefore, in the event that NASA or other Government Agency duly concerned with Company security regulations, advises the Company in writing that any employee in the Union Bargaining Unit is restricted from work on or access to classified information and material, the Union will not contest such action as the Company may take pursuant to such advice to comply with its security obligations to the Government.

If an employee has not been granted an unescorted access authorization for all work areas where such is required and/or Secret clearance at the end of 180 calendar days from the date of the request, the Company may terminate his employment.

If an employee has not been granted the necessary clearance and/or access, the Company will make a good faith effort to place the employee in an available opening within his classification, where such credentials are not required, for a reasonable period of time not to exceed six months, awaiting a determination. However, the Company reserves the right to terminate his employment.

Section 11 - Nondiscrimination in Employment

The Company and the Union agree that there will be no discrimination in employment because of race, religion, color, sex, age or national origin.

The Company and the Union agree that there shall be no discrimination based upon the age of an employee, recognizing however, limitations imposed by statute on the employment of minors.

Union membership or legitimate Union activity will not jeopardize an employee’s standing with the Company or opportunity for advancement.

For purposes of this Agreement, references to employees in the masculine gender shall be deemed also to apply equally, and without distinction or discrimination, to the female gender.

Section 12 - Educational Reimbursement

Employees who have satisfactorily completed six (6) months of service are eligible for the company’s Educational and Training Assistance Program.

It is understood that the educational reimbursement policy may be subject to modification by the Company. Such modifications, whether more or less favorable, will apply to the bargaining unit without further negotiation.

Master Agreement 7

Section 13 - Sanitary, Safety, and Health Conditions

The Company agrees to maintain sanitary, safe, and healthful conditions in accordance with the laws of the state, county, city and in accordance with instructions and work practices established by NASA. No employee shall be discharged or otherwise disciplined for refusing to work on a job not made reasonably safe for him or that might unduly endanger his health. Nor shall any employee be harassed or intimidated for refusing to work a job not made reasonably safe for him or that might unduly endanger his health. The Union agrees to support and participate in the Area/General Safety Committee in their work area. The Union may appoint one representative to meet at least once each month with their respective supervisors to discuss safety problems and practices in their activity. In the event an employee fails to conform to established safety regulations, he shall be subject to disciplinary action, up to and including discharge.

Any employee required by the Company to wear foot protection to perform the duties of their regular job shall be eligible for reimbursement of up to one hundred and fifty (150) dollars for one pair of Company-approved safety shoes every calendar year. Reimbursement at the same rate may be authorized within the specified twelve (12) month period for replacement shoes as necessary upon verification by management that replacement is justified due to excessive wear, damage, or deterioration.

Any employee that wears prescription eyewear and is required by the Company to wear eye protection to perform the duties of their regular job shall be eligible for a maximum reimbursement per calendar year for safety glasses of two hundred and twenty five (225) dollars.

The above reimbursement rates may be increased consistent with periodic amendments to the Company’s policy without further negotiation.

The Company acknowledges that Union Safety Representatives are advisory participants and it is the exclusive responsibility of the employer to maintain a safe workplace, in compliance with applicable federal and state laws and NASA regulations.

The Company will supply the Local’s Business Manager an accident report(s) for all service accidents, occupational injuries, illness or fatalities.

Section 14 - Employment of the Handicapped

The Company and the Union agree that, consistent with the Rehabilitation Act of 1973 and regulations thereunder and applicable state laws pertaining to handicapped employees, there will be reasonable accommodation to employees and applicants with physical or mental limitations, and the parties agree to cooperate to that end. The Company and the Union also agree to work together in order to comply with the Americans with Disabilities Act.

Section 15 - Sole Agreement

This Agreement, when accepted by the parties hereto, shall constitute the full agreement between them.

Master Agreement 8

Section 16 - Waiver of Obligation

The parties expressly declare that they have bargained between themselves on all phases of hours, wages, rates of pay, conditions of employment and working conditions and that this contract represents their full and complete agreement without reservations or unexpressed understanding. Any aspect of hours, rates of pay, wages or conditions of employment of this Agreement is declared to have been expressly eliminated, except as noted in Article I, Section 2B as a subject for bargaining and during the life of this Agreement may not be raised for further bargaining in negotiations without the written consent of all parties hereto. This contract constitutes the entire agreement and understanding between the parties and shall not be modified, altered, changed or amended in any respect except on mutual agreement set forth in writing and signed by both parties.

Only the Company’s designated Labor Relations Representative and the Union’s Business Representative, hereafter, “the parties,” may interpret, alter or amend this Agreement by mutual action in writing and no individual employee, or group(s) of employees, shall have cause to complain therefore, it being understood that any interpretation or arrangement mutually satisfactory to the parties hereto shall be binding upon all individual employees, or group(s) of employees, whether such action be prospective or retroactive.

Section 17 - Technological or Changes in Scope

The Company will notify the Union, as soon as practical, of any technological improvements or changes in the Kennedy Infrastructure, Applications and Communications (KIAC) Contract scope that may be deemed by the Company to affect the IBEW bargaining unit covered by this Agreement.

The Company will conduct a training assessment to identify training needs for the affected classifications. Based on this assessment, the Company will make provisions for appropriate training to be conducted prior to deployment of the new systems.

Should a technological change substantially change work processes, at least the following will be considered in the evaluation of bargaining unit scope and job classification:

Whether and to what extent the skill level and responsibility required in the resulting job are similar to the skill level and responsibility of the pre-existing job;

Whether and to what extent the resulting job functions are similar to the pre-existing job functions; and;

Whether and to what extent the resulting end product of the system is similar to the end product of the pre-existing system.

In the event of a disagreement on the Union’s jurisdiction, the appropriate representatives of the parties shall meet, using the mutual gains procedure, to discuss their concerns. Should the parties fail to reach a mutually satisfactory agreement, the Union shall have the right to submit any dispute arising under this Article to the grievance and arbitration procedure.

Master Agreement 9

Section 18 – Government Responsibility

The Union recognizes that the Company is a contractor to the Federal Government at NASA, Kennedy Space Center, Florida, and that the Company is required at all times to fully meet its obligations as a Contractor. The Union further recognizes that from time to time the Government may impose legal and/or lawful demands or obligations upon the Company and that the Company and its employees must meet such demands, obligations or comply with such rules or regulations as may be promulgated or imposed by the Government. The Union will be advised of any impact on the Bargaining Unit and will meet with the Union within fifteen (15) calendar days should the Union request.

Section 19 – Discipline

The Company recognizes that employees normally govern their activities while at work in the same high standards of conduct that they use in their personal affairs.

The Company also recognizes that most people take personal pride in performing a “job well done”. For the minority who may create discord or fail to observe acceptable work standards, the Company will utilize progressive discipline based on just cause.

The Company will consider reprimands or disciplinary actions against an employee as cleared from his record after an eighteen (18) month period for major infraction of Company rules and twelve (12) months for minor infractions from the date of issuance, provided that there have been no further infractions during that period. The employee’s record may be cleared earlier when, in the judgment of the Company, his past service record warrants such action.

Section 20 – Drug Free Workforce

The Parties agree to the necessity of providing a safe and secure environment for everyone as well as the Company’s obligation to comply with applicable State or Federal laws and regulations and the Kennedy Infrastructure, Applications and Communications (KIAC) Contract governing the conduct of its business. Intoxicated, impaired or drug-abusing employees can endanger themselves, the Company, and the lives of their friends and coworkers.

The Parties agree to comply with the Company’s Non-DOT Substance Abuse and Alcohol Misuse Prevention Policy (effective date October 3, 2016), subject to any negotiated amendments and modifications necessary to satisfy mandates of NASA or applicable State or Federal laws or regulations, and with the following modifications:

1. With regard to the disciplinary consequences of a positive breath alcohol test result (Sections 6.0 and 11.10, 11.15):

Employees with a breath alcohol result of .02 or higher, but less than .04, will be removed from duty, and will be permitted to return to work at the start of their next regularly scheduled shift. An employee will be terminated for a second occurrence within eighteen (18) months, within this range. Employees with a breath alcohol result of .04 or higher will be terminated.

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2. With regard to Post-Accident Testing (Section 11.4):

Post-accident drug and/or alcohol testing will be required in the following circumstances:

Where the accident involved the loss of human life; or Bodily injury to a person which resulted in medical treatment other than first aid; or Damage to flight hardware; or Property damage believed to amount to at least $10,000, in the Company’s estimation; or Other substantial property damage where there is reasonable suspicion that the accident may have been the result of the employee’s use of alcohol or illegal drugs.

Section 21 – Effect of Law

In the event that now or hereafter there is any State or Federal law or any directive, order, rule or regulation made pursuant thereto, which is in conflict with any provision or provisions of any Agreement between the Parties, it shall supersede such provision or provisions.

Section 22 Buddy System

This will set forth the basic guidelines to be followed by management when assigning jobs and giving consideration for the need to utilize the "Buddy System."

By definition a "Buddy" is another person who can respond to unexpected circumstances and summon help or render assistance when someone is injured, disabled or trapped.

The "Buddy" question for the most part only arises when work tasks are assigned to a single individual.

Occasions do occur where teamed (2 people) crews, because of the geography, are given jobs which would normally require one man. This practice will continue when practical, but should not be considered precedent setting.

The “Buddy” system will be in effect for the following:

(a) When working on energized circuits with hazardous shock potential.

(b) When working in hazardous locations.

(c) Entering remote areas where reliable communications by phone or radio net does not exist.

(d) When badge exchange (not badge drop-off) is required.

(e) Other areas as require identified under Safety briefing (site specific training).

(f) When working in areas that are unmanned.

Employees working alone in remote locations or on off-shift, but not working on energized circuits or in predetermined hazardous locations will be checked on a periodic basis.

For remote, non-hazardous locations, an employee will have the option of requesting a “Buddy” to accompany him to that location. The Company will honor these requests as appropriate.

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Section 23 – Successors

This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their successors and assigns.

ARTICLE II

Master Agreement 12

ARTICLE II - UNION-COMPANY RELATIONS

Section 1 - Union Representatives

A. Designation of Stewards

The number of Stewards and Chief Stewards to be recognized by the Company shall be determined by mutual agreement of the Parties, and before a change to the number of Stewards previously agreed upon can occur, a meeting between the designated Company Labor Relations Representative and the Union’s Business Manager shall be held. No unilateral change may be made to the number of Stewards to be so recognized. The Stewards shall be employees of the Company and shall be appointed by the Union. The Union will provide the Company with a list in writing of the names of the accredited Stewards and their assigned areas of responsibility on a current basis.

B. Scope of Steward’s Union Activities

The Steward’s Union activities on Company time shall fall within the scope of the following functions:

(1) To consult with an employee regarding the presentation of a request, complaint or grievance which the employee desires him to present.

(2) To investigate a complaint or grievance of record before presentation to the appropriate supervisor.

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

(4) To meet by appointment with an appropriate Manager or other designated representative of the Company, when necessary, to adjust grievances in accordance with the Grievance Procedure of this Agreement. The Company and the Union are in agreement that a minimum amount of time should be spent in the performance of these duties.

Section 2 - Union Officials

A. Scope of Union Representatives’ Activities

Subject to existing security regulations, the Business Manager or other authorized representative of the Union shall have access to the Company’s work areas during working hours for the purpose of investigating grievances, complaints, or matters arising out of the application of this Agreement and for the purposes of attending meetings in accordance with the Grievance Procedure. He shall obtain from the Company authorization for each visit, and such visit shall be subject to such regulations as may be made from time to time by the Company. The Company will not impose regulations, which will exclude such representatives from the work areas nor render ineffective the intent of this provision.

B. Introduction of Employees

New or transferred employees who are employed in occupations covered by this

Agreement shall be introduced to the Union Steward in work group to which such employees will be permanently assigned at the earliest possible date, but no later than five

(5) working days following such assignment. The sole function of the Steward under this Section is to explain his responsibilities under this Agreement.

ARTICLE II

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C. Permission to Leave Work for Union Activities

The Steward before leaving his workstation to perform any of his functions herein set forth, shall request permission from the immediate supervisor and state the Union business he desires to conduct on Company time. Such permission shall be immediately granted unless it should substantially interfere with operations. If necessary, a Steward shall remain on his regular work until a reasonable time is afforded to provide a substitute in his place. When entering the area of another supervisor’s responsibility, he will contact the supervisor before attempting to contact any employee. He shall report to his supervisor upon completing each mission.

Section 3 - Cooperation

The Union and its members agree to report to the Company any acts of sabotage, subversive activities, theft, damage to or taking of any employee’s, Company and/or Government’s property, and the Union further agrees, if any such acts occur, to use its best efforts in assisting the Company and/or the Government to determine and apprehend the guilty party or parties.

Section 4 – Electronic / Non-electronic Bulletin Boards and Posted Notices

A. Space shall be provided at locations agreed upon for Union bulletin boards for the posting of the following types of notices:

1. Notices of Union recreational, social and welfare activities;

2. Notices of Union elections;

3. Notices of Union appointments and results of Union elections;

4. Notices of Union meetings; and

5. Such other notices as may be mutually agreed upon by the Union and the Company.

B. The Union shall not distribute or post, nor authorize its members to distribute or post, any material anywhere on the Company’s property except as herein provided. The Company may remove such bulletin boards in the event of repeated violation of this section or for reasons such as alterations in facilities, etc., and will inform the Union whenever the Company removes such bulletin boards.

C. The number of bulletin boards shall be governed by practice.

Section 5 - Reports

The following reports will be furnished to the Union as stated below:

A. Upon the request of the Union, the Company shall furnish the Union with a list of employees showing rates, classifications and date of hiring within seven (7) calendar days.

B. Upon hiring or rehiring, transferring or promoting a bargaining unit employee, the Company, within seven (7) calendar days after the commencement of such action, shall mail a copy of the notice to the office of the Local Union.

C. Chief Stewards will be notified 5 working days prior to re-hiring, transferring or promoting a bargaining unit employee.

ARTICLE III

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ARTICLE III - GRIEVANCE PROCEDURE

Section 1 - Complaints

An employee or employees having a complaint shall have the right to verbally present the same, directly or through the Steward, to his immediate supervisor. If the complaint is not settled within five (5) working days and involves a matter subject to the Grievance Procedure, it may be reduced to writing and considered a grievance subject to the procedure hereinafter described.

Section 2 - Time for Presentation of Grievance

All grievances shall be presented as soon as practicable after the occurrence upon which the same is based, but in no event later than ten (10) working days if the same is a dismissal grievance, or later than twenty (20) working days if the grievance arises from any other cause.

The failure to submit a grievance within such periods shall constitute a bar to further action thereon. Time limits for presentation of grievances may be extended by mutual agreement of both parties.

Saturdays, Sundays, and holidays shall not be counted in computing the due date for any decision or appeal therefrom. Time limits for grievance meetings at any step may be extended by mutual agreement of both Parties. 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 occurrence, provided that such date is not more than twenty (20) working days prior to the date upon which the grievance was presented.

Section 3 - Presentation of Grievance

If there is any grievance, dispute or difference between any of the Parties with respect to the interpretation of application of any provision of this Agreement, such grievance, dispute or difference may be reduced to writing and processed in accordance with the following steps in this Grievance Procedure provided, however, that any individual employee, or group of employees, shall have the right at any time to present complaints or grievances in writing to the Company providing they are within the time limits described herein and to have such grievances adjusted, without the intervention of the Union, as long as the adjustment is not inconsistent with the terms of this Agreement and provided the Union’s representative has been given an opportunity to be present at such adjustment.

A grievance shall be discussed in each of the following successive steps between the representatives of the Parties specified in each step. The grievance shall specify the Section or Sections of the Agreement claimed to have been violated.

Step One This step is between the supervisor and the Steward. The first step meeting shall be held within five (5) working days 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) working days after the meeting with the Steward. If this reply is unsatisfactory, the chief Steward may appeal the decision to Step Two, provided such appeal is made within five (5) working days after the receipt of the supervisor’s reply. A meeting in Step Two shall be held within ten (10) working days after receipt by the Company of notice of appeal. A final decision with respect to any grievance in Step One shall apply to that grievance only and shall not in any manner become a binding precedent in the case of any other grievance, nor a precedent which shall bind the Parties as an interpretation of this Agreement.

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Step Two This step is between the next level of management and the Chief Steward or designee. Such Manager shall make a reply in writing not later than ten (10) working days after meeting with the Chief Steward. If this reply is unsatisfactory, the grievance may be appealed to Step Three provided such appeal is made within ten

(10) working days following receipt of the second step reply. A meeting in Step Three shall be held within thirty (30) working days after receipt by the Company of notice of appeal.

Step Three This step is between the designated Labor Relations representative for the Company at Kennedy Space Center, or his designee, and the Union’s Business Representative. An International Representative of the IBEW may be present at this step of the Grievance Procedure. Labor Relations shall make a reply in writing not later than ten (10) working days after meeting with the Union’s Business Representative. All decisions of the Labor Relations Office shall be final and binding on all Parties concerned unless the Union informs the Company within ten (10) days from the date of such final Company decision that it desires to submit the matter to arbitration.

Section 4 - Direct to Third Step

In certain instances, the Union may wish to file a grievance directly against the Company. This process shall begin at Step Three and shall be limited to matters dealing with the interpretation or application of the terms of this Agreement or terminations. Such grievance shall be submitted in writing to Labor Relations and shall contain the following:

1. Statement of facts upon which the grievance is based.

2. Reference to the Section or Sections of the Agreement or any applicable State or

Federal laws alleged to have been violated.

3. The settlement requested.

Section 5 - Arbitration

A. Any grievance which has not been settled pursuant to Section 1 of this Article and which involves the interpretation or application of a specific clause or clauses of this Agreement, or which alleges that a discharge or suspension was not for just cause may be referred to arbitration. Unless the party seeking to have the grievance referred to arbitration has delivered to the other written notice to that effect within ten (10) working days after the Labor Relations Department has given its decision, such grievance shall be deemed to be waived.

B. Upon receipt of such notice, the parties within five (5) days shall meet to select an arbitrator and shall prepare a Submission Agreement stating the issue(s) presented and identifying the clause(s) of the Agreement, the interpretation or application of which are involved in the arbitration. If the parties cannot agree on the statement of the issue(s) or the specific clause(s), the interpretation or application of which are involved in the arbitration, the Submission Agreement shall set forth each party’s proposed statement of issue and involved contract provisions, and the Arbitrator shall formulate the statement of the issue(s) and clause(s) involved in the arbitration. If the Company and the Union fail to agree upon an arbitrator, they may request the Federal Mediation and Conciliation Service to submit a list of seven (7) persons from which the arbitrator shall be chosen. The Union and the Company shall automatically strike one name from such list (the right to strike the first name having been determined by lot) until only one name remains and that person shall be the arbitrator.

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C. In cases involving disputed qualifications for layoff displacement under Article V, Section 1, paragraph A, the Company shall have the privilege to present its case first.

D. The arbitrator shall have the authority to interpret and apply the provisions of this

Agreement, but shall not have the authority to amend or modify this Agreement or to establish new terms and conditions of this Agreement. The decision of the arbitrator shall be final and binding on the Company, the Union and the employee.

E. The arbitrator shall be paid by the parties hereto. This includes compensation and expenses of the arbitrator. Each party shall bear the expenses in respect to its own witnesses.

ARTICLE IV

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ARTICLE IV - SENIORITY

Section 1 - Continuous Service Credit

A. Each employee shall have continuous service credit with the Company dating from the first date of unbroken service.

B. AFDS service date is the date first employed by the Company.

C. The continuous service credit and seniority of an employee will be broken under the following conditions, and when so broken, such employee shall be, for all purposes, considered a new employee if and when rehired.

(1) Resignation or other voluntary termination of employment except as outlined in sub-paragraph seven (7).

(2) Discharge for just cause.

(3) Absence in excess of three (3) consecutive working days without notice, either by telephone or written message, by messenger, to his Supervisor, Manager or Human Resources, unless satisfactory evidence of inability to give notice or report is shown.

(4) Unauthorized absence beyond the time limit of an authorized vacation or an approved absence, unless satisfactory evidence of inability to report for work is shown.

(5) Unless satisfactory evidence of inability to give notice or report is shown, failure to notify the Company of his intention to return to work within five (5) working days after such notice is given and failure to report to work after layoff within ten (10) working days after the Company gives the employee written notice to return to such work.

Such recall notice shall be deemed to have been sufficiently given if sent to the employee by registered mail to the last address furnished to the Human Relations department of the company.

(6) Layoff without recall to work within sixty (60) months from the date of such layoff.

(7) It is herein understood that a represented employee requesting a lay-off out of line of seniority will do so in writing in a form acceptable to both parties.

It is further understood that any such request will not receive favorable consideration unless a surplus condition exists. If a surplus condition exists, favorable consideration will be given by the parties to requests for layoff out of seniority providing that the granting of this request will not necessitate recalling or hiring a person to fill the billet. Should a condition exist wherein there is more than one request within a classification and department, the more senior employee will receive first consideration.

It is further agreed that before the layoff out of seniority understanding applies as written, the low senior employee or employees scheduled for layoff due to reduction in the work force, will be laid off first, unless the employees waive their rights to be laid off under the contract on a form approved by both the Company and the Union.

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Severance pay for employees requesting layoff out of seniority order will be in accordance with Article VI, Section 7.

It is further understood that Company management may deny any request out of line of seniority without prejudice.

Decision by management will be final and is excluded from grievance procedures under Article III of the Agreement.

Employees who volunteer for layoff out of seniority and are laid off, will retain recall rights for twelve (12) months from the date of such layoff. Employees who have previously established seniority in any other seniority group/job classification(s) that is scheduled for a layoff may volunteer for this layoff with the understanding that the employees will only have recall rights into the seniority group/job classification(s) where the surplus was identified.

Section 2 - Acquisition of Seniority

New employees shall be considered on probation and not entitled to seniority until they shall have acquired one hundred and twenty (120) calendar days of continuous service credit. The employer has the right to extend the probationary period in thirty (30) day increments up to one hundred eighty (180) days, if required to further evaluate performance. If decision is made to extend the probationary period beyond 120 days, the Union and Company will meet to discuss performance issues and the performance improvement plan. Absent extenuating circumstances, probationary employees shall not be subject to on call, TDY or cross-utilization that would remove the employee from said employee’s normal work group during normal working hours. Upon completion of said period of employment, the employee shall be considered a regular employee, and his seniority shall date from the start of the probationary period, and when thus established will equal the employee’s continuous unbroken service credit, not to exceed current seniority date at Kennedy Space Center, Florida. There shall be no requirement that the Company reinstate or rehire probationary employees if they are discharged during their probationary period, and no grievance shall be filed concerning any such discharge. It is understood however, that probationary employees are represented by the Union and that with the exception of discharge, all other disciplinary actions and violations of this Agreement are subject to the Grievance Procedure

Section 3 - Accumulation of Seniority

Seniority will accumulate continuously without break during the following:

A. Time lost by reason of industrial accident, industrial illness, or jury duty.

B. Time on leave of absence granted for the purpose of serving in the Armed Forces of the

United States.

C. Time spent on authorized leave of absence for Union business.

D. Time spent on leave of absence granted by the Company not to exceed six (6) months for the purpose of permitting an employee to engage in activities requested by the Company.

E. Time spent, not to exceed twelve (12) months but may be extended month to month for up to an additional twelve (12) months, on authorized leave of absence granted…