Section J - Attachment J-7 CBA WD Updated - Ports ISS.pdf

REGISTER OF WAGE DETERMINATION UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT |EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary | WAGE AND HOUR DIVISION of Labor | WASHINGTON D.C. 20210

| Wage Determination No.: CBA-2020-180

Diane Koplewski Division of | Revision No.: 0

Director Wage Determinations| Date Of Last Revision: 05/18/2020

State: Ohio

Area: Pike

Employed on ENERGY, DEPARTMENT OF contract for CPAF.

Collective Bargaining Agreement between contractor: Wastren-EnergX Mission Support, LLC, and union: United Steel Workers Local 689, effective 01/18/2011 through 03/16/2015.

In accordance with Section 2(a) and 4(c) of the Service Contract Act, as amended, employees employed by the contractor(s) in performing services covered by the

Collective Bargaining Agreement(s) are to be paid wage rates and fringe benefits set forth in the current collective bargaining agreement and modified extension agreement(s).

Menrora¡rd ¡,¡nr of l\E reement

(Exterrsio n of Collective Barga i ni ng Agreernent)

Ëffectil,e

Uniteo Steelworkers (US\IU hereby agree to the follorving:

Operate the Portsmoutlr Facility Sìite Servrces (FSS) contract r.rncler the tenns a¡rcl conditions of the existirrg Collective Bargainirrg Agreenrent (CBA) between WEMS a¡rd USW (effective date of 12:01 AM January 18.2011 anct expiring 12:01 AM o¡ N{arclr 16, 2015) for work classifications covered u¡rder the CBA.

that ihe ternls alrd conclitions of the CBA are extended io nridnight, July 25. 201S:

and the wages increase effective May 2, 2015. will be 2% base hourly rate with $1.00 roll-in of COLA

,2014

United Steelworl<ers

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Wastren-EnergX l\4ission Support. LLr)

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CONTRACT

between

WASTREN-ENERGX MISSION SUPPORT, LLC

PORTSMOUTH GASEOUS DIFFUSION PLANT

and

UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY,

ALLIED-INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO

AND ITS AFFILIATED LOCAL NO. 689

Effective: 12:01 A.M. – January 18, 2011 Expiration: 12:01 A.M. - March 16, 2015 i

TABLE OF CONTENTS

PAGE

CONTRACT INTRODUCTION

ARTICLE I EFFECT OF THE CONTRACT

ARTICLE II RECOGNITION

Section 1. Establishment and Limitation

Section 2. Definition of Employee Section 3. Contract Distribution Section 4. Noninterference

ARTICLE III UNION SECURITY AND DEDUCTION OF DUES

Section 1. Due Requirements Section 2. Delinquency of Dues Section 3. Deduction of Dues Section 4. Authorization of Deduction Section 5. Make-up Dues Section 6. Termination of Deduction Section 7. Voluntary Check-off Authorization Section 8. USW-COPE Check-off Authorization Section 9. Authorization and Release of Information Request Approval Release Form

ARTICLE IV MANAGEMENT CLAUSE

ARTICLE V CONTINUITY OF OPERATION

ARTICLE VI PROTECTIVE SECURITY

ARTICLE VII GRIEVANCE PROCEDURE

Section 1. Intent and Distribution of Answers Section 2. Union Representatives Section 3. Disciplinary Cases Section 4. General Grievances Section 5. Time Limits Section 6. Grievance Steps Section 7. Monetary Settlements Section 8. Arbitration

ARTICLE VIII SENIORITY

Section 1. Definitions Section 2. Company Service Credit Section 3. Probationary Period ii

Section 4. Reduction-in-Force/Recall Section 5. Accumulating Seniority Section 6. Filling Vacancies/Bidding Process Section 7. Notification for Recall Section 8. Returning to Bargaining Unit Section 9. Exercise of Shift Preference by Seniority Section 10. Placement of Occupationally Disabled Employees Section 11. Security Clearance Requirement

ARTICLE IX LEAVE OF ABSENCE

Section 1. Qualification and Reinstatement Section 2. Union or Government Official Section 3. Absence Notification Section 4. Failure to Report on Expiration

ARTICLE X HOURS OF WORK

Section 1. Definitions Section 2. Standard Workday – Workweek Section 3. Working Schedule Section 4. Overtime Opportunity Section 5. Overtime or Premium Hours Section 6. Transportation Section 7. Overtime or Premium Payments Section 8. Holidays Section 9. Shift Differential Section 10. Weekend Bonus Section 11. Lunch Period Section 12. Minimum Guarantee Payments Section 13. Jury Duty Pay Section 14. Funeral Pay Section 15. Military Pay

ARTICLE XI WAGES

Section 1. Base Hourly Rates Section 2. Cost-of-Living Allowance (COLA) Section 3. Wages as Applied to Benefits

ARTICLE XII LAYOFF ALLOWANCE

Section 1. Eligibility Section 2. Occupational Disability Section 3. Payments Section 4. Recall Eligibility

ARTICLE XIII VACATIONS

Section 1. Eligibility Section 2. Extended Working Schedule iii

Section 3. Vacation Period Section 4. Deferred Vacation Section 5. Holiday During Vacation Period Section 6. Scheduling Section 7. Exiting Employees

Section 8. Deceased Employees Section 9. Occupational Disability – Eligibility Section 10. Retirees – Pro Rata Vacation

ARTICLE XIV HEALTH AND SAFETY

Section 1. Health and Safety Program Section 2. Company Safety Committee Section 3. Safety Equipment and Devices Section 4. Medical Section 5. Workplace Substance Abuse

ARTICLE XV JOB DESCRIPTIONS

Section 1. Agreement Section 2. Past Practice Section 3. Joint Classification Committee Section 4. Commercial Drivers Licenses

ARTICLE XVI MISCELLANEOUS

Section l. Work by Non-Bargaining Unit Personnel Section 2. Payday Section 3. Communications/Bulletin Boards Section 4. Union Representatives – Plant Supervision Section 5. Working Shift – Union Representatives Section 6. Non-Discrimination Section 7. Written Notice – Policy Changes Section 8. Auxiliary Emergency Squad Section 9. Educational Assistance/Training Section 10. Utilization f Work Force/Subcontracting Section 11. Scope of Work Section 12. Smoking Policy Section 13. Representation of WEMS Union Employees Section 14. Contractual Annual Bonus

ARTICLE XVII SICKNESS AND ACCIDENT PLAN

Section 1. Eligibility Section 2. Conditions of Payment Section 3. Payment Section 4. Occupational Disability Pay Section 5. Basis of Payment Section 6. Rate of Pay iv

Section 7. Medical Examination of Employees Absent for Occupational Injury or Illness

Section 8. Scheduling Follow-up Medical Treatment for Employees with Occupational Injuries

ARTICLE XVIII INSURANCE, PENSION, AND RETIREE HEALTH BENEFITS FOR

GRANDFATHERED AND NON-GRANDFATHERED REPRESENTED

EMPLOYEES

Section 1. Benefits for Grandfathered Employees Section 2. Benefit Programs for New Hires

ARTICLE XIX TERM OF CONTRACT

Section 1. Effective Dates Section 2. Renegotiation Notice

ARTICLE XX APPROVAL

APPENDICIES

Appendix A. Representation Divisions Appendix B. Combined Classifications Appendix C. Wage Chart

MEMORANDUMS OF UNDERSTANDING

Infrastructure Planner

Letter of Intent – MEWA Retiree Health

INDEX

CONTRACT INTRODUCTION

Parties -- This Contract is made and entered into by and between Wastren-EnergX Mission Support, LLC (WEMS), which is performing facility support services at the U.S. Department of Energy’s (DOE) Portsmouth Gaseous Diffusion Plant (PORTS), Piketon, Ohio, under DOE contract No. DE-CI0000004, hereinafter referred to as the "Company"; and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied-Industrial and Service Workers International Union, AFL-CIO, and its affiliated Local Union No. 689, hereinafter referred to as the "Union" or "USW."

Contract Term -- This Contract became effective on January 18, 2011 following ratification by the members of USW Local 689 who were employees of WEMS on such date. This labor agreement will remain in force through 12:01 a.m., March 16, 2015. In the event that WEMS’ base facility service contract is extended beyond that date, this agreement may also be extended for the same amount of time as mutually agreed beyond 12:01 a.m., March 16, 2015.

Preamble -- The Company and the Union desire to establish satisfactory wages, hours, working conditions, and conditions of employment for the employees of the Company covered by the terms of the Contract, and further, to encourage cooperation and understanding between the Company and the Union to the end that a mutually satisfactory, continuous, and harmonious relationship may exist between the parties to this Contract.

On March 16, 2010, the Company commenced hiring a complement of 36 hourly employees to fill available vacancies for work at PORTS on behalf of DOE's Infrastructure Services Contract.

Available positions were offered to the most senior qualified personnel within the relevant classification under the United States Enrichment Corporation, Inc. (USEC)-USW Local 689 Collective Bargaining Agreement (CBA) and/or the Bechtel Jacobs Company LLC (BJC)-USW Local 689 Addendum. The Company established criteria as to qualifications and numbers needed for each respective job classification. Prior to the date of hiring by the Company, these site support activities had been performed by USW represented workers who were employed by USEC and BJC, under contract to DOE's Environmental Management Program. When these workers were transitioned to employment by the Company, they were provided with initial terms and conditions which were substantially equivalent to those provided under the CBA that had been in effect between the Union and BJC or the Union and USEC.

Upon hiring a representative complement, the Company recognized the Union as the exclusive representative of the hourly employees.

This Contract is intended to ensure that hiring preference is afforded to DOE site workers as required by law. This Contract provides pension and medical benefits continuity to workers who were eligible to participate in the Multiple Employer Pension Plan (MEPP) and the Multiple Employer Welfare Arrangement (MEWA) per DOE’s May 22, 2006, “Guidance for PPPO Approval of Economic Parameters for Negotiation of Collective Bargaining Agreements by New Small Business Contractors Regarding Benefits for USEC Employees hired by the Contractors.”

ARTICLE I

EFFECT OF THE CONTRACT

This Contract shall constitute the complete agreement between the parties hereto with reference to wages, hours, working conditions, and conditions of employment. Any additions, waivers, deletions, changes, amendments, memorandums of understanding, or modifications that may be made to this Contract shall be effected through the collective bargaining process between authorized representatives of the Company and the Union subject to ratification by Bargaining Unit represented employees. All other written understandings between the parties not incorporated herein by reference on the effective date of this Contract, are hereby terminated.

Any application, interpretation or alleged violation of this Contract or of amendments thereto can be a proper subject for the grievance procedure.

In the event that any of the provisions of this Contract are found to be in conflict with any valid Federal or State law now existing or hereinafter enacted, it is agreed that such law shall supersede the conflicting provisions without in any way affecting the remainder of these provisions.

ARTICLE II

RECOGNITION

Section 1. Establishment and Limitation

In conformity with the Labor-Management Relations Act of 1947, as amended, the Company recognizes the Union as the sole and exclusive bargaining agent for all hourly employees, excluding Police and salaried personnel, with respect to rates of pay, wages, hours of employment, and other conditions of employment. The Company shall bargain with no other union for the representation of employees within this Bargaining Unit during the life of this Contract.

Section 2. Definition of Employee

The term "employee" as used herein shall mean any person represented by the Union as set forth in Article II, Section 1, of this Contract.

Section 3. Contract Distribution

As a means of informing all employees as to their rights, privileges, and obligations under this Contract, the Company agrees to furnish a copy of this Contract to each employee.

Section 4. Noninterference

The Company agrees not to interfere with the rights of the employees to join or belong to the Union and the Union agrees not to intimidate or to coerce employees to join the Union. The Company further agrees not to discriminate against any employee on account of Union membership or Union activity. The Union agrees neither to solicit for membership nor to collect Union funds on Company time.

ARTICLE III

UNION SECURITY AND

DEDUCTION OF DUES

Section 1. Due Requirements

All employees within the Bargaining Unit who are members of the Union upon the execution of this Contract shall, as a condition of employment, maintain their membership to the extent of tendering the periodic dues uniformly required as a condition of retaining membership. All employees in the Bargaining Unit who are not members of the Union upon the execution of this Contract, but who later elect to join the Union, shall at all times thereafter maintain their membership in the Union as a condition of employment, as set forth above. All employees hired after the execution of this Contract shall, as a condition of employment, become members of the Union no later than thirty-one (31) days after the date upon which they were hired, and shall thereafter maintain their membership in the Union as a condition of employment, as set forth above.

Section 2. Delinquency of Dues

Before any termination of employment pursuant to this Article becomes effective, the employee involved shall first be given notice in writing by the Union to pay delinquent dues. If the employee fails to pay the delinquent dues, the Union shall then notify the Company of the delinquency. Upon receipt of such notice in writing, the Company shall then notify the employee to pay the delinquent dues and if such dues are tendered within one (1) calendar week after receipt of this notification from the Company, dismissal under this Article shall not be required.

Section 3. Deduction of Dues

For the convenience of the Union and its members, the Company, during the life of this Contract, shall deduct an initiation fee and regular monthly dues from the paychecks of each employee who individually and voluntarily executes and delivers to the Company an Assignment and Authorization in the form set forth in Section 7 of this Article. Such deductions shall be forwarded to the Treasurer of the Local Union with a listing showing the names of those employees, if any, whose paychecks were insufficient to cover the deductions. An Authorization must be delivered to the Company at least seven (7) days before the second payday of the month in which the first bi-weekly deduction is to be made.

Article III (Cont'd.)

Section 4. Authorization of Deduction

An Authorization and Assignment shall be irrevocable for a period of one (1) year from the date thereof or until termination of this Contract, whichever occurs sooner, and shall automatically renew itself for successive irrevocable annual periods unless the employee who signed it gives notice to the contrary in writing by registered mail to both the Company and the Union no less than two (2) days nor more than seventeen (17) days before the expiration of the Authorization or before the expiration of any annual renewal period as the case may be.

Section 5. Make-Up Dues

Upon receipt, from the Treasurer of the Local Union, of Union members' names and amounts of dues that have been missed through payroll deductions, the Company shall deduct the make-up dues in the following payroll period, or in subsequent payroll periods as the money becomes available, and forward to the Treasurer of the Local Union, in accordance with Section 3 of this Article.

Section 6. Termination of Deduction

No deductions under this Article shall be made from paychecks from Union members who have terminated their employment or transferred out of the Bargaining Unit prior to the second payday of the month, unless they have worked or received paychecks equivalent to five (5) workdays or more in that month.

Section 7. Voluntary Check-off Authorization

The Union agrees that it shall indemnify the Company and save it harmless from any and all claims which may be made against it on account of amounts deducted from wages as provided in this Article.

VOLUNTARY CHECKOFF AUTHORIZATION

Name: (SAMPLE)

Badge No: Department: Date:

I hereby assign to the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied- Industrial and Service Workers International Union, AFL-CIO, Local 689, and authorize Wastren-EnergX Mission Support, LLC (WEMS) to deduct from the wages due me while in the employ of the Company, dues in the amount of $_____ per month, or such dues as the Union's Constitution and By-Laws may be amended to provide in equal bi-weekly installments each

Article III (Cont’d.)

calendar month. I further authorize the Company to deduct from my wages an initiation fee in the amount of $_____.

This authorization shall be irrevocable for the period of one (1) year from the date hereof, or until the termination of the Contract between the Company and the Union, whichever occurs sooner. Furthermore, this authorization shall automatically renew itself for successive irrevocable annual periods, unless I give notice to the contrary in writing by registered mail to both the Company and the Union no less than two (2) days and no more than seventeen (17) days before expiration hereof or before expiration of any annual renewal period, as the case may be.

(Signature)

(Address)

Section 8. USW-COPE Check-off Authorization

The Company agrees to deduct from the wages of those employees who are members of the Union and who voluntarily authorize such deductions on forms provided by the Union, the amount specified as the employees contributions to the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied-Industrial and Service Workers International Union, AFL-CIO, Local 689, AFL-CIO Committee on Political Education Fund (USW-COPE).

The Company's obligation to make such deductions shall terminate automatically upon termination of the employee who signs the authorization, upon written request, or upon his/her transfer out of the Bargaining Unit.

The Company also agrees to transmit said payroll deductions monthly to the Financial Secretary of Local 689, together with a list of the names of employees for whom the deductions have been made and the amount deducted for each such employee.

The Union agrees to hold and save the Company harmless from any and all liability, responsibility, or damage arising out of or reliance upon the authorizations provided for in this Section, and assumes full responsibility for the disposition of the funds, so deduced, when turned over to the Financial Secretary of Local 689.

Section 9. Authorization and Release of Information Request Approval Release Form

Please be advised that I, _______________________________, have authorized Wastren- EnergX Mission Support, LLC (WEMS) and officers of the United Steel Workers Local 689, to periodically request information on my behalf, regarding employment-related records, including but not limited to: Employment history, record of annual physical exams and employment fitness

Article III (Cont’d.)

exams, training history, industrial hygiene and radiation monitoring records, wage and earnings history, accrued benefits (severance, vacation, etc.), eligibility and service credits related to pension and retiree health care benefits. This authorization remains in effect and shall have no effective date of expiration until expressly notified by both of the above authorized agents.

Signature: ____________________________________ Date: _____________________

ARTICLE IV

MANAGEMENT CLAUSE

The management of the business and the authority to execute the various functions and responsibilities incidental thereto are vested in the Company. The direction of the workforce, the establishment of plant policies, the determination of the processes and means of manufacture, the units of personnel required to perform such processes, and other responsibilities incidental to the operation of the plant are vested in the Company. Such duties, functions, and responsibilities shall also include hiring, retirement, disciplining, evaluating the qualifications of employees, and promotions. The exercise of such authority shall not conflict with the rights of the Union under the terms of this Contract.

ARTICLE V

CONTINUITY OF OPERATION

There shall be no strikes, lockouts, work stoppages, picket lines, slowdowns, secondary boycotts, or disturbances. The Union agrees to support the Company fully in maintaining operations in every way.

Participation by any employee or employees in an act violating this provision in any way shall be cause for discharge by the Company. Any discipline imposed shall be applied equally and indiscriminately to all employees according to the degree of involvement.

ARTICLE VI

PROTECTIVE SECURITY

It is recognized that all members of the Union and the Company are required to comply with all protective security measures now in effect. If the Company is notified by DOE that this Contract in any way violates security measures which are now in effect, or which may be put into effect later, the Company shall in turn immediately notify the Union in writing of the need to renegotiate the section or sections of the Contract in question for the purpose of making the required changes.

The Company and the Union have agreed that members of the Bargaining Unit will act as security escorts for other Bargaining Unit members, both new hires and present members, when requested to do so by supervision.

ARTICLE VII

GRIEVANCE PROCEDURE

Section 1. Intent and Distribution of Answers

The parties to this Contract recognize that grievances should be settled promptly and as close to their source as possible. Further, both parties shall endeavor to present all the facts relating to the grievance at the first step of the grievance procedure in order that an equitable solution may be achieved. The Company in the second step of the grievance procedure shall give written answers to the grievance within the specified time limits unless extended by mutual consent. Copies of written answers to grievances shall be distributed or mailed to the Local Union Hall, the Local Union President, Grievance Committee and each aggrieved employee signing the grievance.

Section 2. Union Representatives

(a) Number of Representatives

The Company shall recognize the following number of properly certified Union representatives in the plant for the purpose of representing employees in the manner specified in this Grievance Procedure:

(1) The Local Union President or designated representative.

(2) The General Grievance Committee consisting of the Vice-President of the Local Union who shall serve as Chairperson, and the Union committee persons.

(3) One (1) Steward for “O” Shift or a minimum of one (1) Steward for each thirty (30)

Union members. The number may be adjusted as mutually agreed by the parties as the need arises.

When a properly certified Union representative is unavailable for any reason, the Company shall recognize an alternate certified by the Union. It is understood that only one, the Steward or the alternate will be recognized for each incident.

(b) Steward Districts

The Company will recognize Union Steward Districts as defined by the Union, but not to exceed the number specified per Article VII, Section 2(a)(3). The Union will provide the Company with a current listing, as changes occur, of recognized stewards and alternates and districts which each represents.

Article VII (Cont’d.)

(c) Grievance Investigation

Certified Union representatives shall be excused from work for reasonable periods of time during their scheduled working hours when handling grievances in the appropriate steps of this Grievance Procedure, excluding arbitration, without loss of pay.

Employees thus duly certified and recognized as Union representatives shall report to and obtain permission from their immediate supervision whenever it becomes necessary to leave their work for the purpose of handling grievances in their respective divisions or districts, shall inform their supervision of their intended destinations and itinerary, shall notify the supervision of any department in which it becomes necessary to contact employees for the purpose of settling or investigating grievances, and shall report back to their immediate supervision at the time they return to work.

Section 3. Disciplinary Cases

It is recognized that the maintenance of discipline is essential to the orderly operation of the plant and also that the invoking of disciplinary action should be designed to correct the conduct of the employees involved rather than to punish.

In the great majority of infractions of rules, termination of employment for disciplinary reasons is justified only after the employee has been given the opportunity to correct his/her behavior and has failed to respond to disciplinary measures. Suspension of employees with or without pay for various lengths of time as determined by the Company is recognized as a legitimate method of discipline under the terms of this Contract.

(a) Discussions

1. When an employee is called into a discussion which may result in disciplinary documentation, including reprimand, suspension, or being sent home, the employee shall be fully informed that a Union representative may be brought into the discussion. The Union President or designee shall be informed in writing of any action taken. Any of the above can be a proper subject for the grievance procedure.

2. When an employee is called into a discussion which may result in discharge, the employee shall be fully informed that a Union representative may be brought into the discussion.

The decision to terminate an employee will not be made until at least two (2) full working days have elapsed from the infraction. During this time, thorough consideration will be given to all facts and circumstances which are relevant to the matter. At the request of the Union, Company representatives will meet with Union representatives during the two (2)-day period to discuss such relevant facts and circumstances.

The Union President or designee shall be informed in writing of any action taken. The action taken can be a proper subject for the grievance procedure.

(b) Record Review

Written records of past documented disciplinary discussions, written reminders, suspensions, or Decision Making Leaves (DML) which have been placed in the employee's file, exclusive of actions resulting from any future violation of Article V, shall be reviewed by the end of one (1) year by the employee's supervision and the employee to determine whether they should be removed from all files and destroyed or retained up to a maximum period of two (2) years.

(c) Initiation of Grievances - Step 2

If the employee or the Union files a written grievance protesting a suspension or discharge, within ten (10) days, such grievance shall be initiated at Step 2 of the grievance procedure.

If such discharge or suspension is found to have been unjustified, the employee shall be reinstated to his/her former job and shall be compensated for all earnings lost, less pay for any penalty time decided upon, if any.

Section 4. General Grievances

Controversies may arise of a nature so general as to directly affect the majority of employees in a classification or department, or the majority of all employees. It is agreed that issues of this nature need not be subjected to the entire grievance procedure but may be initiated at Step 2. Attendance at Grievance Hearings initiated at Step 2 may include members of both negotiating committees.

Section 5. Time Limits

(a) Extension

Any grievance not taken up with an employee's immediate supervision within ten (10) days after the employee, or a certified Union representative has knowledge of the occurrence of the incident from which the grievance arose, cannot be processed through the grievance procedure. The employee or a certified Union representative may request an extension of five (5) days to investigate the grievance.

(b) Withdrawn-Settled

A grievance shall be considered settled or withdrawn if the decision of the Company is not appealed to the next higher step in the grievance procedure within ten (10) days after a decision has been rendered by the Company, unless this period is extended by mutual agreement between the parties.

(c) Answer

Any grievance not answered within the specified time limit may be immediately taken to the next higher step of the grievance procedure.

(d) Calculation of Time

In the calculation of time limits under the grievance provisions, including arbitration, "days" shall mean calendar days excluding Saturdays, Sundays, Holidays, Vacations, and the scheduled days off of the aggrieved employee.

(e) Postponement-Hearing

A hearing at Step 2 may be postponed by mutual agreement between the Local Union Vice-

President and the Human Resources Manager or his/her designated representatives.

Section 6. Grievance Steps

Step 1: An employee who feels that he/she has a grievance may, as soon as reasonably possible, discuss it with his/her immediate supervision and Union Steward. The employee's immediate supervision shall answer the grievance within 5 days. Settlements made in this step of the grievance procedure shall have no precedent value.

Step 2: If the grievance has not been disposed of at Step 1, it shall be reduced to writing on an appropriate form and presented to the aggrieved employee's department supervisor and HR.

Such written grievance shall be signed by the employee or the Committee person of that Representation Division and shall be identified by number. The Union shall, to the best of its ability, state in the written grievance all of the facts justifying the grievance and the provision of the Contract involved. A hearing shall be held within thirty (30) days for shift workers and ten (10) days for day shift workers. The hearing may be attended by the aggrieved employee, the District Steward, and the Union Grievance Committee, and by his/her Supervisor, and other representatives of the Company; and may include other affected parties mutually agreed upon in advance between the Committee and the affected supervisors involved.

Hearings shall be scheduled at 4:00 p.m. for employees on the afternoon shift and 7:00 a.m.

for employees on the night shift or any other mutually agreed time. The company shall answer the grievance within ten (10) days after the hearing.

If the grievance is not settled satisfactorily at Step 2, it may be appealed at the option of the Union to arbitration.

Section 7. Monetary Settlements

Any money due an employee as a result of the settlement of a grievance shall be paid within two (2) weeks following the settlement. Written notification will be given to the Vice-President of the Union to this effect.

Section 8. Arbitration

(a) Submission Procedure

1. Controversies which may arise concerning the reprimand, discharge, or suspension of employees; or controversies concerning the application, interpretation, or alleged violation of this Contract, which cannot be amicably settled in previous steps in the grievance procedure, may be submitted for settlement to an Impartial Arbitrator. The Company will date stamp and deliver a copy of the final Step 2 answer to the Union Vice-President, or designated representative. A grievance shall be considered withdrawn unless the Union appeals the grievance to arbitration within forty-five (45) calendar days from the date of stamp.

2. At the option of the Union, the Union President or his/her designated representative, and, if it desires, an International Representative may meet with the Human Resources Manager or his/her designated representative and at the Company's option, the affected Manager(s) to discuss the grievance prior to submission to arbitration. Within ten (10) days following the above meeting, the Local Union President and the Chairperson of the Union's General Grievance Committee shall meet with representatives of the Company during the Union representative's scheduled working hours, without loss of pay, and attempt to agree upon an Impartial Arbitrator. Should the parties be unable to agree upon an arbitrator, the Company and the Union shall alternately strike one (1) name from the list, the first to strike to be decided by lot, until only one (1) name remains, and the remaining arbitrator shall be the arbitrator to hear and decide the controversy.

(b) 1. Grievances processed through Step 2 of the grievance procedure normally will be presented to the Arbitrator in the order that they are filed; however, the Union may indicate cases of high priority to be heard by the arbitrator out of normal order.

2. Any grievance filed on or after the effective date of this Contract which has not been assigned to the Impartial Arbitrator within three (3) years after the date of appeal to arbitration, shall be considered withdrawn by mutual consent on a non-precedent setting basis. No grievance which predates March 16, 2010, shall be pursuable under any terms or provisions of this Contract.

3. The Parties shall mutually agree upon fifteen (15) Impartial Arbitrators who shall be selected from lists submitted by both parties.

(c) Should one of the above arbitrators die, become incapacitated, or refuse to act, the parties thereto shall mutually agree upon a successor to the panel.

(d) Each party will strike one (1) member of the arbitration panel in (b) above.

(e) Stipulation of Issues

The Company and the Union may stipulate the nature of the dispute and the issues involved jointly in one (1) stipulation or singly in separate stipulations. In the event that the parties stipulate the nature and issues of the dispute singly, a copy of such stipulation shall be furnished to the other party at the same time the stipulation is submitted to the arbitrator.

(f) Hearing Date

It is agreed by the parties to this Contract that arbitration cases shall be heard as soon as possible. On a date agreeable to both parties, the date to be set in conformity therewith by the arbitrator, the parties, or their designated representatives, shall at the time and place appointed by the Impartial Arbitrator, appear and present either a written or oral statement of the issues involved for consideration by the Impartial Arbitrator. Any written statement of issues shall be furnished to the other party at the arbitration hearing. In designation of the place, the Impartial Arbitrator shall be restricted to the area in which the plant is situated unless otherwise agreed upon. The Impartial Arbitrator shall schedule hearings of griev-ances in the order in which such grievances are submitted, unless the Company and the Union agree upon a different order for hearing.

(g) Decision-Time Limit

The Impartial Arbitrator shall render a decision on every grievance which has been submitted within thirty (30) calendar days from the date of hearing, unless additional time is requested by the arbitrator and is mutually agreed upon between the Company and the Union.

(h) Implementation of Decision

The decision of the Impartial Arbitrator shall be final and binding upon both parties and shall invoke immediate compliance by the parties. Any money due an employee as a result of such decision shall be paid not later than two (2) weeks following the receipt of a written decision to this effect. It is recognized by the parties that certain rights of appeal of decisions exist. It is not the intent of the language in Article VII, Section 8 (h), to limit rights of appeal. Such appeals may delay payments that are based on the finding of the arbitrator.

(i) Cost

The expense and compensation of the Impartial Arbitrator shall be borne by and divided equally between the Union and the Company.

(j) Attendance at Hearing

In all proceedings under this section, the Company shall release from work the following employees (if they are WEMS employees) when deemed necessary by the Union for a fair and reasonable presentation of its case before the Impartial Arbitrator without loss of earnings:

1. President

2. Members of the General Grievance Committee

3. A Steward

4. Not more than two (2) aggrieved employees

Additional WEMS employees will be released upon request without pay provided that supervision can make arrangements to efficiently continue the work.

(k) Power of Arbitrator

The Impartial Arbitrator shall not have the power to make any award which changes, amends, or adds to the provisions of this Contract.

ARTICLE VIII

SENIORITY

Section 1. Definitions

(a) Vacancy

A "vacancy" is said to exist in a job classification when there is a need for a permanent replacement or addition.

(b) Bargaining Unit

“Bargaining Unit” for purposes of this Agreement refers to the hourly employees represented by USW and employed by WEMS within the scope of work set forth in this Agreement (as amended from time to time).

(c) Bargaining Unit Seniority

"Bargaining Unit Seniority" is the total length of allowable time an employee has spent in the Bargaining Unit while employed by WEMS without regard to classification. The seniority of each employee is his/her relative position with respect to other employees based on Section (e) of this Contract. In the event two (2) or more employees have identical Bargaining Unit seniority, seniority will be ordered based on the greater seniority being given to the person with greater site-wide seniority. In the event that multiple employees have identical site-wide seniority, then seniority will be ordered based on the greater seniority being given to the employee with the earlier(est) birth date (day/month/year).

(d) Classification Seniority

“Classification Seniority" is the total length of allowable time an employee has spent in the respective classification while employed by WEMS. The classification seniority of each employee is his/her position relative to said classification. In the event two (2) or more employees have identical classification seniority, seniority will be ordered based on Bargaining Unit seniority. Thereafter, the rule of ordering seniority as described above applies.

(e) Site-Wide Seniority

"Site-Wide Seniority" is the total length of time an employee has been employed in a USW represented position by all current, past, and future PORTS site employers. In the event that multiple employees have identical site-wide seniority, then seniority will

Article VIII (Cont’d.)

be ordered based on the greater seniority being given to the USW member with the earlier(est) birth date (day/month/year).

(f) Laid Off

An employee is said to be "laid off" when he/she leaves a WEMS job classification because of a voluntary or involuntary reduction-in-force, and does not continue active employment with WEMS.

(g) Classification Recall List

The "Classification Recall List" is defined as that list on which a Union-represented employee is placed at the time he/she is either voluntarily or involuntarily laid off from a WEMS job classification. The list shall rank employees, by classification, in order of classification seniority. Individuals may be on more than one (1) classification recall list.

Individuals shall remain on this list for no longer than ten (10) years from the date of layoff.

(h) Bargaining Unit Recall List

The "Bargaining Unit Recall List" is defined as that list on which a Union-represented employee is placed at the time he/she is either voluntary or involuntarily laid off from a WEMS job classification, and does not continue active employment with WEMS. The list shall rank employees in order of WEMS Bargaining Unit seniority. Individuals shall remain on this list for no longer than ten (10) years from the date of layoff.

(i) Site-Wide Recall List

The "Site-Wide Recall List" is defined as that list on which a Union-represented employee is placed at the time that he/she is either voluntary or involuntarily laid off from a position with all current, past, and future PORTS site employers. Individuals shall remain on this list for no longer than ten (10) years from the date of layoff.

Section 2. Company Service Credit

(a) In hiring employees for Union-represented positions from various sources, the Company shall provide and the employees shall receive "Previous Company Service Credit" earned at the PORTS site with predecessors to WEMS, including, but not limited to, Lockheed Martin Energy Systems, Lockheed Martin Utilities Services, USEC, BJC (and its first and second tier subcontractors), if such service credit is in effect at the time of a formal WEMS offer of employment. If any benefit has been liquidated based on such former service, that service shall not be allowed as credited service by WEMS (e.g., severance). "Previous Company Service Credit" shall be provided by the Company as outlined in the following table.

SERVICE CREDIT THAT TRANSFERS FROM USEC (OR OTHER SITE

CONTRACTORS) TO WEMS

Years of Service

Credited for Vacation

Years of Service

Pension that is

Applied to

MEPP*

Years of Service

Credited for Savings Plan

401(k)

Years of Site-

Wide Seniority Accrued in the

Bargaining Unit

Accrued

Severance

Credited of Eligibility for Retiree Health Care Benefits*

Employees hired by WEMS from USEC under Section 6 (receives no severance payment from USEC).

X

Employee voluntarily quits USEC and is employed by WEMS and receives no severance from USEC.

Employee who is laid off (voluntary or involuntary) and receives severance.

New Service

Only

Employee who collects pension from USEC after being hired by WEMS.

Employee who retires from USEC prior to being hired by

WEMS.

*Subject to eligibility as defined in MEPP. USW members who are hired from LPP, UDS, or contractors other than USEC will be eligible for MEPP and MEWA Retiree Health if they meet plan eligibility requirements.

(b) An employee’s "Total Company Service Credit" with WEMS shall consist of Previous

Company Service Credit plus service credit accrued as a result of time spent on the WEMS payroll, plus properly approved absences from work, to be determined under the following rules:

1. Leave of Absence

When an employee is on a leave of absence granted by the Company, his/her service shall be considered as continuous without any deductions if the absence does not exceed one (1) year. However, service shall be considered as continuous without any deductions for employees on leave of absence for:

i. Occupational disability under Article IX, Section 1(b);

ii. Public office under Article IX, Section 2(c) for the duration of a single term of office only;

iii. Non-occupational disability under Article IX, Section 1(c);

iv. Union official on full-time international status under Article IX, Section 2(a), not to exceed four (4) years;

v. Educational Exit under Article IX, Section 1 (e).

2. Military Service

An employee who leaves the employment of the Company to enter military service, either by voluntary enlistment or by induction under the Selective Service System, shall be reinstated under the provisions of applicable Federal Statutes, upon application within the designated period of time following honorable or general discharge, provided he/she qualifies under the seniority rules and is physically capable of performing the work required. Upon reinstatement, such employee shall be given credit for continuous service from the time he/she left the employment of the Company to enter Military Service to the date of reinstatement.

3. Laid-Off - Service Credited

A laid-off employee shall accumulate service for a period of time equal to his/her continuous service at the time of layoff, plus service credit during any layoff not to exceed two (2) years for any single period of layoff.

If a laid-off employee is recalled, he/she shall be credited with the applicable accumulated service. Such accumulated service shall include lay off from WEMS or lay off from USEC, Lockheed Martin (or its predecessors), BJC (or its first and second tier contractors), LATA/Parallax Portsmouth, LLC (LPP), Uranium Disposition Services, LLC (UDS), or successors thereto.

A laid-off employee from WEMS will have recall rights for ten (10) years.

4. Loss of Service

An employee shall lose continuous service when he/she is discharged, released, resigns, retires, accepts layoff without recall rights, is on continuous layoff for more than ten (10) years from date of layoff, or when he/she is on the recall listing, but not on the active payroll and declines or fails to report or make satisfactory arrangements within fourteen (14) calendar days after being notified of a recall. If such employee is later rehired, he/she shall be considered a new employee and continuous service shall date from the date of most recent hire.

(c) Any dispute as to former Service Credit allowed, or dates of former service, or other such facts will be resolved by the Company and Union before, and as a condition of accepting employment with the Company. Any attempt to question such mutually agreed determinations subsequent to accepting employment with the Company will not be pursuable through the grievance procedure and/or arbitration clause of this Contract, provided, however, that the Company must provide information in a timely manner concerning determinations of Previous Company Service Credit and dates of former service.

Section 3. Probationary Period

(a) All employees shall be considered a probationary employee for the first ninety (90) calendar days worked and, at the end of that period, if he/she is retained, the employee’s name will be placed on the Seniority List and the employee’s seniority shall reflect all allowable seniority as defined in this Contract. A probationary employee shall be subject to layoff, discipline, or discharge at the sole discretion of the Company.

Section 4. Reduction-in-Force/Recall

(a) When a reduction-in-force is to be made in a job classification, the employee having the least amount of classification seniority within the affected job classification shall be laid off first. However, if the displaced employee has classification seniority in any other classification with WEMS and meets the job qualifications, then such employee may bump back to those classifications provided that they have more classification seniority than other employees in that other classification.

(b) In the event of a layoff, the Union will be notified prior to the layoff and will be given a list of names of employees who are to be laid off as far in advance as possible. Also, at the time the list is being typed, the Local Union President will be notified.

(c) If reductions are required in a classification, an equivalent number of senior employees will be permitted to take voluntary layoff as stipulated in this section.

1. Voluntary Layoff Options with Recall Rights

Any employee within the classification having more seniority than the employees who are scheduled to be laid off may accept a voluntary layoff as provided in paragraph three (3) below. The employee will be placed on the recall list of the classification from which he/she is laid off.

Employees electing to take voluntary layoff will be paid a layoff allowance on a weekly basis up to the eligibility shown in Article XII Section I.

2. Voluntary Layoff Without Recall Rights

Any employee within the classification having more seniority than the employees who are scheduled to be laid off may accept a voluntary layoff without recall rights to thereby reduce the employees otherwise scheduled to be laid off, provided procedure in paragraph (3) below is followed. Employees accepting a voluntary layoff without recall rights will be paid a lump sum layoff allowance pursuant to the provisions of Article XII.

3. Voluntary Layoff Application Procedure

a. Written application must be made to the Human Resources organization requesting voluntary layoff. This application must be presented during the first half of the period between the date of the announcement of the reduction in force and the effective date of the layoff.

b. An “Acknowledgment of the Conditions of Layoff” form will be signed by employees electing to take voluntary layoff.

4. The senior employees permitted to accept a voluntary layoff from any classification shall not exceed the number scheduled to be surplused from such classification.

(d) The Company and Union will establish a recall listing of laid off employees in each job classification. Recall shall be in seniority order of those laid off from the classification in which the vacancy exists.

Section 5. Accumulating Seniority

(a) If an employee is hired by WEMS into a USW represented position, such employee shall receive site-wide seniority accumulated with other PORTS employers for purposes of initial hiring or, as applicable, for transfer to other PORTS employers as Bargaining Unit seniority with WEMS; however, employees of WEMS will accumulate classification and Bargaining Unit seniority for purposes of recall and layoffs from the date of initial hiring by WEMS.

Section 6. Filling Vacancies/Bidding Process

(a) When a vacancy exists, the vacancy will first be offered to WEMS/USW represented employees laid off from the job classification in which the vacancy exists and who are on the Classification Recall List for the job classification in which the vacancy exists. WEMS shall provide notice as provided in Section 7 of this Article. Recall shall be in order of classification seniority.

(b) If a vacancy is not filled under subsection (a) of this Article, then the Company shall offer

WEMS employees the opportunity to bid for this job opening. The Company shall post a notice designating the job classification, qualifications, and pay rates for seven (7) calendar days on the WEMS bulletin boards. A WEMS employee may sign the posting indicating their intent to be considered for the opening. The WEMS employee with the most Bargaining Unit seniority who qualifies and who has signed the posting shall be moved into the vacancy.

(c) If a vacancy is not filled under subsections (a) or (b) of this Article, then the Company shall provide an offer to USW represented individuals, in order of Bargaining Unit seniority, who are laid off from WEMS from classifications other than the…