Attachment_6_-_FJCC_Collective_Bargaining_Agreement.pdf

AGREEMENT

BY AND BETWEEN

Primus Solutions, Inc.

AND

FAIRBANKS JOINT CRAFTS COUNCIL

AT

GILMORE CREEK

NOAA TRACKING STATION

FAIRBANKS, ALASKA

JANUARY 1, 2014

THROUGH

DECEMBER 31, 2016

Table of Contents

Section # Title Page No.

Page i

Article I, Parties

1.01 Parties

1.02 Purpose

1.03 Recognition of Bargaining Unit

1.04 Conduct of Union Affairs, Collection of Union Dues, Fees, or Assessments

1.05 Specified Activities Not Permitted

1.06 Access to Company Property

1.07 Union Shop

1.08 Exclusive Hiring Hall

1.09 Provision Against Discrimination

1.10 Recognition of Shop Stewards

1.11 Union Duties of Shop Stewards

1.12 Complaints and Grievances

1.13 Presentation of Grievances

1.14 Grievance Steps and Representatives of the Parties Therein

1.15 Arbitration

1.16 Determination of Work Shifts

Article II, Seniority Policy

2.01 Seniority Policy

2.02 How Seniority Will Operate

2.03 How Seniority Is Acquired

2.04 Layoff and Rehiring

2.05 Customer-Directed Suspension of Work

2.06 Acquisition of Continuous Service Credit

2.07 Continuity of Service

2.08 Seniority of Union Representatives

2.09 Seniority Privileges for Employees Who Are Transferred Out of the Bargaining

Unit

Article III, Safety

3.01 Safety

3.02 Medical Service, Evacuation Transportation, and Hospitalization

Article IV, Wage and Leave Provisions

4.01 Wage Rates

4.02 Paydays

4.03 Night Shift Premium

4.04 Call In Pay

4.05 Wage Rates for New or Changed Occupational Classifications

4.06 Pay for Work in Higher Rated Occupational Classifications

4.07 Overtime

4.08 NOAA Requirements

4.09 Pyramiding of Overtime

4.10 Height Premium

4.11 Lead Person

4.12 Severance Pay

Table of Contents

Section # Title Page No.

Page ii

4.13 Designated Holidays

4.14 Holiday Payment

4.15 Vacation Policy

4.16 Eligibility

4.17 Payment in Lieu of Vacation

4.18 Payment for Time Spent Handling Grievances

4.19 Application for Leaves of Absence

4.20 Sick Leave

4.21 Leave of Absence for Union Activity

4.22 Military Leave

4.23 Other Approved Absence

4.24 Jury Duty Absence and Payment

4.25 Payment for Absence in the Event of Death in the Immediate Family

4.26 Leave-Unpaid

4.27 Civic and Political Activities Leave

4.28 Training

4.29 Temporary Off-Station Assignments

Article V, Hours of Work and Overtime

5.01 Definitions

5.02 Recognition of Security Obligation

5.03 Failure to Obtain Personal Access Authorization

5.04 Retirement Plan

5.05 Supplemental Income 401(k) Plan

5.06 Health and Welfare Plan

5.07 Notices

5.08 Bulletin Boards

5.09 Company-Provided Tools

5.10 Arctic Clothing

5.11 Company Provided Equipment

5.12 Strikes, Lockouts and Related Interruption of Work

5.13 Recognition of Rights & Functions of Management

5.14 Waiver

5.15 Effect of Law

5.16 Term & Notice of Change or Termination

Signatures for AGS and FJCC

Appendix A, Occupational Classifications (including Schedules A, B and C) …….A-1

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ARTICLE I

PARTIES

1.01 PARTIES

AGREEMENT made this fifteenth day of October 2013, between Primus Solutions, Inc., hereinafter referred to as the “Company,” and the Fairbanks Joint Crafts Council, hereinafter collectively referred to as the “Union,” for the Company's employees in the certified unit represented by the Union at the Gilmore Creek NOAA facilities at Fairbanks, Alaska.

1.02 PURPOSE

The Union, representing employees of the Company, and the Company's desire to establish and maintain, through harmonious cooperation, a standard of conditions and procedures to provide for orderly collective bargaining relations, prompt and equitable disposition of grievances and fair wages, hours and working conditions for the employees covered by this Agreement.

1.03 RECOGNITION OF BARGAINING UNIT

The Company recognizes the Union as the sole and exclusive collective bargaining representative, with respect to rates of pay, wages, hours and other conditions of employment, for all employees of the Company's Plant Maintenance activity at its NOAA/NESDIS Fairbanks CDA Station (Gilmore Creek), 1300 Eisele Rd, Fairbanks, AK 99712, Mile 13 Steese Highway, in the occupational classifications listed in Appendix A of this Agreement, EXCLUDING: All other employees including office and plant clerical employees, engineers, technical and professional employees, guards and all supervisors as defined in the Act.

Except in emergencies, the work which is within the scope of the Union's certification shall be performed by the employees in the bargaining unit.

1.04 CONDUCT OF UNION AFFAIRS, COLLECTION OF UNION DUES, FEES, OR

ASSESSMENTS

The Union shall assume all obligations and responsibilities for the collection of any union dues, fees or assessments, except as agreed to by the Company and set forth herein.

The Company will deduct working dues from the employees' pay checks for each compensable hour, and/or a percentage of gross wages in an amount so designated by the Union, with proper authorization submitted to the Company by the employees so affected.

All monies collected for working dues by the Company shall be paid to the appropriate Craft within the Fairbanks Joint Craft Council as notified by the Union. The working dues

01/01/2014– 12/31/2016 Page 2 of 27 Pages that are deducted shall be paid monthly for the all pay periods that fall in a calendar month (two pay periods for ten months a year, and three pay periods for two months a year). The working dues that are deducted shall be paid monthly by the fifteenth (15th) of the month following the month in which they were deducted.

The employer fringe contributions shall be paid monthly in accordance with working dues deductions; except for the month of December which will be calculated thru the last day of the month (December 31st), and January which calculations will begin the first day of the month (January 1st). The amount of Fringe Contributions contributed on the employee’s behalf for each pay period shall be listed on each employee’s paystubs.

The Company will deduct legal aid and or credit union checkoffs for each compensable hour in an amount so designated by the particular Craft involved, with proper authorization submitted to the Company by employees so affected.

All monies collected for legal aid and or credit union checkoffs by the Company shall be paid to the appropriate Craft within the Fairbanks Joint Craft Council as notified by the Union. The monies that are deducted shall be paid monthly by the fifteenth (15th) of the month following the month in which they were deducted.

1.05 SPECIFIED ACTIVITIES NOT PERMITTED

The Union agrees that neither the Union nor its members shall solicit membership on Company time, or conduct on Company time any Union activity other than the handling of grievances or the legitimate conduct of Union business in the administration of this Agreement in the manner and to the extent provided by the terms of this Agreement. Any employee or employees who violate this section of this Agreement shall be subject to disciplinary action by the Company.

1.06 ACCESS TO COMPANY PROPERTY

The Business Agent of the Union may visit the Company's Station office at any time during the Company's regularly scheduled workday. The Business Agent's initial contact on each visit shall be made with the Company's Resident Project Manager or designated representative. The Union understands and agrees that the security regulations concerning visitation to the Station must be observed.

When it is necessary for the Business Agent to visit the Station to confer with Union members on matters concerning the relationships existing between the Company and the Union as defined in this agreement, the Business Agent shall follow the prescribed regulations. The Union further agrees that such visits will not interfere with normal Station operations.

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1.07 UNION SHOP

It shall be a condition of employment that all employees of the Company covered by this Agreement who are members of the Union in good standing on the effective or execution date of this Agreement, whichever is later, shall remain members in good standing and those who are not members on the effective or execution date of this Agreement, whichever is later, shall on the thirty-first (31st) day following the effective or execution date of this Agreement, whichever is later, become and remain members in good standing in the Union. It shall also be a condition of employment that all employees covered by this Agreement and hired on or after its effective or execution date, whichever is later, shall, on the thirty-first (31st) day following the beginning of each employment, become and remain members in good standing in the Union.

1.08 EXCLUSIVE HIRING HALL

All employees to perform services covered by this Agreement shall be secured through the offices of the Union Subject, however, to the following:

(a) The Company shall notify the Union of vacancies in classification covered by this Agreement which are to be filled from applicants for employment. Such notification shall include the classification in which the vacancy exists as well as the experience and/or skills necessary to perform the work required.

(b) The Union shall refer applicants for jobs, provided that the selection of applicants for referral shall be on a nondiscriminatory basis and shall not be based upon, or in any way affected by Union membership, bylaws, rules, regulations, constitutional provisions or any other aspect or observance or Union membership, policies or requirements.

(c) The Company shall have the right to reject any job applicant referred by the Union.

(d) If the Union is unable to refer qualified applicants within seventy-two (72) hours (exclusive of Saturdays, Sundays and holidays) after receipt of notice, the Company shall be free to recruit employees from other sources.

(e) The provisions of this Section, as well as the standards or criteria to be adopted pursuant hereto, shall be posted in the Union offices upon appropriate Company bulletin boards, and in other places where notices to employees and applicants for employment are customarily posted.

(f) The Company is an Alaska Native corporation, and will affirmatively hire Company Shareholders who meet the qualifications to fill the vacancy in accordance with the Alaska Native Claims Settlement Act. Therefore, FJCC Local and the Company will have three (3) working days in accordance with 1.08(d) to provide a qualified Company Shareholder for the vacancy. If the Company and the

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FJCC cannot produce a qualified Company Shareholder within three (3) working days, the hall will then provide résumés for qualified applicants.

The Company agrees to hold the Union harmless for allegations of discrimination related to the Alaska Native Claims Settlement Act under this section.

1.09 PROVISION AGAINST DISCRIMINATION

There shall be no discrimination by the Company or by the Union against any employee because of age, sex, race, color, national origin, creed, religion, being disabled veterans, certified mentally or physically handicapped, or because of Union activity or membership.

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

1.10 RECOGNITION OF SHOP STEWARDS

At no time shall the total number of Shop Stewards exceed three (3) in the Bargaining Unit. The Shop Steward(s) shall be an employee(s) of the Company and shall be selected by the Union. No employee shall be represented by more than one Shop Steward.

1.11 UNION DUTIES OF SHOP STEWARDS

The duties and activities of the Shop Steward (except where otherwise specifically agreed between the parties) while acting as such shall be limited to the handling of grievances and complaints which arise in the jurisdiction which the Steward represents and in accordance with the grievance procedure. Except when they are engaged in the settlement of grievances and complaints under the grievance procedure, all Shop Stewards shall continue at their regular work in the same manner as other workers. When a Shop Steward is required to leave regular duties as a worker for the orderly and expeditious handling of a grievance, complaint or other recognized Company-Union business, the Steward shall notify the appropriate supervisor or foreman. If necessary, a Shop Steward shall remain on regular work until a reasonable time is afforded to provide a substitute.

1.12 COMPLAINTS AND GRIEVANCES

Complaints: An employee or employees having a complaint shall have the right to verbally present same, directly or through the Shop Steward, to the immediate supervisor.

If the complaint is not settled by the end of the employee's next scheduled shift and involves a matter subject to Grievance Procedure, it may be reduced to writing and considered a grievance subject to the grievance procedure herein described.

Grievance: "Grievance" shall mean and be limited to a dispute or difference between the Company and the Union, or employees so represented, with respect to the interpretation or application of any provisions of this Agreement. The Union shall not have any right to

01/01/2014– 12/31/2016 Page 5 of 27 Pages pursue, through the grievance procedure, any matter of dispute that arises outside the specific terms of this Agreement.

1.13 PRESENTATION OF GRIEVANCES

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 forty five (45) days if the same is a grievance arising from any other cause. The failure to submit a grievance within such periods shall constitute a bar to further action thereon. If it is determined under the Grievance Procedure that an adjustment in wages is appropriate, such adjustment shall be applied retroactively to the date of occurrence, provided that such date is not more than forty-five (45) days prior to the date upon which the complaint was presented.

1.14 GRIEVANCE STEPS AND REPRESENTATIVES OF THE PARTIES THEREIN

A duly presented grievance shall be negotiated when necessary in each of the following successive steps between the representatives of the parties specified in each step.

Step 1: Between the employee's immediate manager or designated representative and the appropriate Shop Steward (provided the steward has authority from the Union to so act), or Business Agent, in a meeting to be held within five (5) work days after the grievance is presented. The Manger shall give the Shop Steward or Business Agent a written reply to the grievance within two (2) workdays after the said meeting. If this reply is unsatisfactory, the Shop Steward or Business Agent may appeal the decision to Step 2, provided such appeal is made within ten (10) workdays after receipt of the reply. A meeting in Step 2 shall be held within ten (10) workdays after receipt of the Company of notice of appeal.

Step 2: Between a Grievance Committee composed of the Manager of Human Resources of the Company and/or designated representative, and the Shop Steward, Business Agent, or designated representative. The Manager of Human Resources, or designated representative, shall give a written reply to the Shop Steward or Business Agent within five (5) working days after meeting with the Joint Crafts Shop Steward, Business Agent, or designated representative. If this reply is unsatisfactory, the Shop Steward or Business Agent may appeal the decision to Step 3, provided such appeal is made in writing within ten (10) work days (Saturdays, Sundays and holidays excluded) after receipt of the reply. A meeting in Step 3 shall be held within seven (7) workdays after receipt of the Company of notice of appeal.

Step 3: Between the manager of Human Resources Company, or designated representative, and the appropriate Business Agent of the Union, or designated representative. The manager of Human Resources shall give a written reply to the Business Agent within five (5) working days after the meeting. Failure by the Union to appeal a decision made in any step in the time limits specified shall constitute a bar to further action thereon of that individual grievance. If the Company fails to reply within the

01/01/2014– 12/31/2016 Page 6 of 27 Pages time limits set forth in Step 1 or 2, the grievance will automatically progress to the next step.

1.15 ARBITRATION

During the term of this Agreement, any grievance which has not been finally settled or disposed of in accordance with the steps of the Grievance Procedure outlined above may be submitted to Arbitration within thirty-one (31) calendar days, by either party, after receipt of the Third Step reply.

The parties shall jointly request the Federal Mediation and Conciliation Service to submit a panel of five (5) arbitrators. The Union shall strike the names of two (2) of this list of five (5), and the Company shall then strike two (2) names; the remaining name shall be the arbitrator. If the parties agree to a local arbitrator who is a member of the American Arbitration Association, the above procedure may be waived.

The authority of the Arbitrator shall be limited to determining questions directly involving the interpretation or application of specific provisions of this Agreement, and the Arbitrator shall not determine any question that lies outside the specifications of this Agreement.

The Arbitrator shall have no authority to add to, to subtract from, or to change any of the terms of this Agreement, to change an existing wage rate or to establish a new wage rate or to change production standards. No matter of dispute related to the Management Rights set forth in Section 3.02 shall be subject to arbitration. In no event shall the same question or issue be subject to arbitration more than once. The decision or award of such arbitrator shall be final and binding on each of the parties, and they will abide thereby subject to such applicable laws and rules and regulations as any Federal Agency having jurisdiction may impose. The cost of the Arbitrator's services, and any other expenses incidental to the arbitration which are mutually agreed to in advance, shall be shared equally by the parties. Each party shall bear the expenses of preparation and presentation of its own case. For the purpose of the Grievance Procedure, 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 in writing. In addition, any grievance being submitted to arbitration is subject to final resolution between the President of the Fairbanks Joint Crafts Council and the Manager of Human Resources or their designated representatives, prior to the grievance being presented to the arbitrator.

1.16 DETERMINATION OF WORK SHIFTS

The determination of the starting and ending time of daily and weekly work shifts for individual employees, including extended workweeks on a continuing basis, shall always be made by the Company. Such schedules may be changed by the Company from time to time. The Company shall endeavor to notify the employee of any contemplated "shift change" at least seven (7) days prior to same. If the employee is not given at least four (4) days notice of shift change, the employee will be paid at the rate of time and one-half (1- 1/2) for all hours worked on the first day of the new shift.

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ARTICLE II

SENIORITY POLICY

2.01 SENIORITY POLICY

The Company and Union accept the principle of employee seniority based upon continuous service credit from the first date of the employee's unbroken service with the NOAA/NESDIS Fairbanks CDA Station (FCDAS).

2.02 HOW SENIORITY WILL OPERATE

After thirty (30) calendar days or more of continuous service with the Company, each employee shall have seniority in the occupational classification in which the employee is then working. When such occupational classification covers several crafts, then seniority will be acquired within the occupational classification on the basis of the craft of the employee. When thus established, such seniority shall equal the employee's total continuous service credit with the Company. If an employee has been officially transferred to a different occupational classification as shown by Company records, and has performed satisfactorily for a period of thirty (30) calendar days, the employee's seniority shall equal the employee's total continuous service credit with the Company, provided, however, no employee shall cross a Craft line without permission of the receiving Local Union.

When two or more employees otherwise would have identical seniority within a classification, seniority rank will be determined by alphabetical order of last names, a name commencing with "A" being the more senior. This procedure shall apply in all determinations of seniority. The seniority of an employee shall be lost or terminated under the same conditions which cause a break in continuous service credit and seniority as set forth in Article 2, Section 2.06, Continuity of Service.

2.03 HOW SENIORITY IS ACQUIRED

Each new employee shall be hired as a probationary employee and shall not have seniority until the end of a probationary period of thirty (30) calendar days. Upon completion of such period, the employee shall be considered as a regular employee and shall have seniority from date of hire. When thus established, such seniority will equal the employee's continuous service credit. There shall be no requirement that the Company reinstate or rehire probationary employees if they are discharged during their probationary period. This probationary period may be extended for an additional thirty (30) calendar days with the mutual agreement of the Company, Union, and the individual employee. It is not the intent of the parties to increase the probationary period as a general policy.

2.04 LAYOFF AND REHIRING

In the matter of layoffs and rehiring, the employee having the least seniority within a craft shall be the first to be laid off and the last to be rehired. This procedure will continue in

01/01/2014– 12/31/2016 Page 8 of 27 Pages order of least seniority as a layoff is required. Rehire shall be by inverse order of employees on layoff. In all cases of layoff, the Company will give no less than two (2) weeks notice of contemplated layoff to the employee affected, or at the Company's option, the employee may be paid up to two (2) weeks pay in lieu of notice.

2.05 CUSTOMER-DIRECTED SUSPENSION OF WORK

Government directed suspension of work due to the inability to pass the federal budget shall not be considered a layoff under Article 2 section 2.04 under the following condition.

(a) An official written notification of work stoppage from the Government does not allow the Company to satisfy the provisions set forth in Article 2, Section 2.04.

(b) Employees affected shall be laid off in seniority order: Least senior employee being laid off first. Time lost due to such suspension shall not effect continuity of service.

(c) Affected employees shall be recalled to work in order of seniority, the most senior employee being recalled first. Affected employees shall be returned to the position and shifts they originally held. Employees who had their shifts changed due to the work stoppage shall be returned to their original positions and shifts.

(d) Employees affected under the above work stoppage shall be made whole for lost economics if Government funds are restored and designated for the affected employees during the term of the work stoppage.

(e) If such suspension for work exceeds a two-week duration, employees will have up to seven (7) days to report to work after the Company has notified employees of their need to return to work.

2.06 ACQUISITION OF CONTINUOUS SERVICE CREDIT

The principle of continuity of service is recognized in accordance with and subject to the provisions of this Agreement. Each employee shall have continuous service credit with the Company dating from the first date of unbroken service with the NOAA Tracking Station (formerly NASA STDN Tracking Station).

2.07 CONTINUITY OF SERVICE

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:

(a) Resignation or other voluntary termination of employment.

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(b) Absence in excess of three (3) consecutive working days without notice, either by telephone or written message by messenger to the employee's manager, unless satisfactory evidence of inability to do so is shown.

(c) Discharge for just cause.

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

(e) Failure to report to work after layoff within three (3) days after the Company gives the employee actual notice to return to such work, and failure to notify the Company of the employee's intention to return to work within three (3) days after such actual notice is given. If actual notice cannot be given, the employee shall have ten (10) days to return to work after notice is sent by registered mail addressed to the last address furnished to the Company. This provision does not apply to recall periods of less than thirty (30) days.

(e) Layoff without recall to work within twelve (12) months from the date of such layoff.

2.08 SENIORITY OF UNION REPRESENTATIVES

As long as there is work available which they are capable of performing, the Stewards shall hold seniority over all employees in their respective jurisdiction and shift. This paragraph shall apply only in case of layoff.

2.09 SENIORITY PRIVILEGES FOR EMPLOYEES WHO ARE TRANSFERRED OUT

OF THE BARGAINING UNIT

When an employee has established seniority privileges in an occupational classification within the Bargaining Unit, and is, or has been, transferred to an occupational classification not included in the Bargaining Unit, such employee is thereby deemed to have retained previously acquired seniority privileges in the same occupational classification within the Bargaining Unit, and will accumulate such seniority privileges for a maximum of twelve (12) months during the time in which the employee was employed in an occupational classification not covered by the Bargaining Unit.

ARTICLE III

SAFETY

3.01 SAFETY

The Company will make reasonable provisions for the safety and health of its employees during hours of employment. The Company and Union will cooperate in the investigation

01/01/2014– 12/31/2016 Page 10 of 27 Pages and elimination of hazardous conditions, and the improvement of the safety record of the site. The Company will adhere to Federal or State safety codes that apply to the site.

3.02 MEDICAL SERVICE, EVACUATION TRANSPORTATION, AND HOSPITALIZA-

TION

If the Company determines that an employee at work at the NOAA Tracking Station site needs emergency hospital, medical, or surgical services beyond the capabilities of the local facilities, the Company shall provide evacuation transportation for the ill or injured employee to the nearest appropriate hospital, medical, or surgical facilities. When an employee is so transported to such facilities, the cost of medical treatment shall be the personal responsibility of the employee, notwithstanding the fact that a part or all of such cost may later be reimbursed under Workers' Compensation benefits.

If evacuation transportation is required as a direct result of a wrongful act or misconduct by the employee, as determined by the Company, the employee shall be required to pay said transportation costs or to reimburse the Company or the Government for such expenditure.

ARTICLE IV

WAGE AND LEAVE PROVISIONS

4.01 WAGE RATES

The basic hourly wage rates for employees covered by this Agreement shall be as set forth in Appendix A, Schedules A, B and C of this Agreement attached hereto and made a part hereof. Parties agree that the union may once a year submit adjustments from their hourly wages to their fringe package. Notice shall be in writing to the Facility’s Project Administration Manager prior to November 15. If the notice is not submitted by close of company business hours on November 15 for the upcoming annual wage change, the full annual wage change shall be applied to wages.

4.02 PAYDAYS

The Company will pay employees bi-weekly and will designate the regular paydays. If a payday falls on a Federal holiday, payday shall be on the preceding business day. The employee shall make adjustments to their time sheet at the direction of their manager.

Should the employee not be available, the manager will provide written notice to the employee when changes are made to the employee’s electronic timesheet. Employees can access and print their electronic timesheets by accessing the timekeeping system.

When an employee is laid off, the employer shall process all accrued earnings not later than seventy-two (72) hours from the time of termination, excluding Saturday, Sunday or a legal holiday.

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4.03 NIGHT SHIFT PREMIUM

An employee who is scheduled by the Company to work an established second shift or an established third shift shall be paid five percent (5%) per hour additional for the established second shift, and ten percent (10%) per hour additional for the established third shift, provided; however, that if an employee works overtime into the hours covered by these shift premiums, the employee will be paid only in accordance with the rate applicable to the employees regular shift. For the purpose of this paragraph the term "Second Shift" shall mean any shift starting at or after 1:00 p.m. and before 9:00 p.m.; the term "Third Shift" shall mean any shift starting at or after 9:00 p.m. and before 5:00 a.m.

If a two (2) shift operation is established to cover a twenty-four (24) hour per day work schedule, the night shift shall receive a ten percent (10%) per hour premium in lieu of the premium set forth in paragraph (a) above. For the purpose of this paragraph, the "Night Shift" shall mean the shift starting on or after 7:00 p.m., but before 7:00 a.m.

Employees that request a modified “day shift” schedule (if approved) shall not be eligible for shift premiums.

4.04 CALL IN PAY

An employee called in to work outside the employee's regular shift, shall be guaranteed a minimum of four (4) hours pay. Actual hours worked during the call-in shall be paid at the applicable overtime rate and any remaining hours not worked, which are necessary to provide the four (4) hour guarantee, shall be paid at the straight time hourly rate. An employee called in to work outside their regular shift will be allowed to work all hours of the regular shift on the day called in.

An employee called or held over to work outside the employee's regular shift, but continuous with the employee's regular shift, shall be paid at the applicable overtime rate for time worked prior to or after the regular shift. Hours worked prior to a regular shift, shall count toward the computation of overtime later in the shift.

An employee reporting for work on the employee's regular shift shall be guaranteed a minimum of four (4) hours at the applicable rate unless notified not to report at the end of the previous shift.

An employee who works more than four (4) hours of the employee's regular shift shall be guaranteed the base rate pay for the regularly scheduled number of hours in the employee's established shift, or eight (8) hours, whichever is the lesser, provided, however, that (b) and (c) of this paragraph shall not apply where a strike, earthquake, fire, flood, Act of God, explosion or bombing cause damage which makes it impossible for the employee to resume work, in which case the employee will be paid for the hours actually worked at the applicable rate. An employee who stops work for personal reasons shall be entitled to pay for only those hours actually worked.

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4.05 WAGE RATES FOR NEW OR CHANGED OCCUPATIONAL CLASSIFICATIONS

In the event the Company establishes a new or revised occupational classification, the hourly rate applicable shall be determined by negotiations between the Company and the Union. The Company shall notify the Union prior to the implementation of the new classification. Operations shall not be delayed through failure to agree immediately upon the rate applicable to any such occupational classification. In such cases, pending the results of negotiations, the Company will establish the new or revised occupational classification and the Company proposed rate applicable thereto and shall place such occupational classification and such rate into effect. A negotiated rate finally established which is higher than the Company proposed rate, will be paid retroactive to the date the employee started to work in such occupational classification.

4.06 PAY FOR WORK IN HIGHER RATED OCCUPATIONAL CLASSIFICATIONS

When an employee is assigned to and works for a period of one (1) hour or more in an occupational classification, the rate of which is higher than the rate of the employee's regular occupational classification, the employee will be paid at the rate of the higher occupational classification for the period during which the employee works in the higher occupational classification. The Company will not avoid payments as described above by assigning the work of the higher rated occupational classification to more than one (1) employee for the particular job on any one shift.

Payment at the higher rate beyond the one (1) hour minimum will be made in one-half (1/2) hour increments, and fraction thereof will qualify for one-half (1/2) hour payment.

4.07 OVERTIME

Payment for overtime hours worked shall be computed at the following rates:

Time and one-half (1-1/2) shall be paid:

(a) For hours worked in excess of eight (8) in any one (1) "regular work day" or shift, or for hours worked in excess of forty (40) in a work week

(b) For hours worked before or after but continuous with hours worked on a "regular shift".

(c) For hours worked on shifts starting on the first (1st) "scheduled day off", or for hours worked on the sixth (6th) consecutive day of work.

(d) For employees working a scheduled four (4) day workweek (per the rotating work schedule) all hours worked on the first (1st) "scheduled day off".

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Double time shall be paid:

(e) For hours worked on each seventh (7th) consecutive day of work or on the second (2nd) "scheduled day off".

(f) For all hours worked in excess of sixteen (16) hours in any continuous period.

(g) For employees working a scheduled four (4) day workweek (per the rotating work schedule) all hours worked on the second (2nd) and third (3rd) "scheduled day off".

Such computation will apply irrespective of whether they include hours before or after a shift and whether they extend into another workday.

When approved by the supervisor, an employee's absence of not more than eight

(8) hours in any one (1) scheduled workday shall be treated as hours worked for overtime compensation purposes.

Incremental payment of overtime:

(h) Employees held over to work approved overtime will be compensated a minimum of 1/2 hour at the applicable overtime rate, overtime worked beyond the 1/2 hour minimum will be paid in Six (6) minute increments.

4.08 NOAA REQUIREMENTS

Due to the twenty-four (24) hour per day operational nature of NOAA's Satellite Tracking Mission, it is agreed that all employees, if required by emergency circumstances, shall work whatever hours may be necessary in the judgment of the Company for effective operation; provided, however, that the Company shall schedule hours on a reasonable basis consistent with operational requirements.

4.09 PYRAMIDING OF OVERTIME

No employee shall receive more than one (1) overtime rate for the same hours worked, and if more than one (1) overtime rate is applicable to the same hours worked, the higher rate only shall be paid.

4.10 HEIGHT PREMIUM

Employees working on unprotected towers and structures in excess of twenty (20) feet above the surrounding base area, will receive premium pay of one and one-half (1-1/2) times their applicable rate for such time as they are performing work. Unprotected refers to structures not normally intended for walking, climbing, or standing, or where stairways, ladders, or platforms are not equipped with protective railings or cages.

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4.11 LEAD PERSON

The Company will designate the employee to perform the duties of lead person and notify the Union of the appointment. Seniority will be a factor if two (2) employees are equally qualified. Lead pay will be based solely on hours worked.

In the absence of the designated lead person, the Company will appoint another employee to the position of lead (not to exceed more than one change per day).

The Lead person will be paid a base rate of $3.50 per hour above their hourly wage rate listed in Appendix A. The lead person will be a working lead person and will be assigned regular duties in their craft.

4.12 SEVERANCE PAY

An employee, who meets the eligibility requirements defined herein, shall receive severance pay in accordance with the schedule defined below in the event the employee is laid off for lack of work for a period in excess of thirty (30) calendar days. No employee shall receive severance pay when the layoff is due to causes beyond the control of the Company, such as but not limited to, the following examples: Fire, flood, explosion, bombing, earthquake, or picketing.

Length of Continuous

Site Service Credit Severance Pay Allowance

2 years but less than 4 years 40 hours pay 4 years but less than 6 years 80 hours pay 6 years but less than 8 years 120 hours pay 8 years but less than 10 years 160 hours pay 10 years, but less than 12 years 200 hours pay 12 years or more 240 hours pay

Payment shall be made on the basis of the employee's base straight time hourly rate at the time of layoff. Severance pay shall be paid at the end of waiting period of thirty (30) calendar days from the date of layoff. An employee who is reinstated to employment with the Company during the thirty (30) calendar day waiting period shall not receive a severance pay allowance.

An employee who receives a severance pay allowance and who is subsequently reinstated to employment with the Company within one (1) year from the date of layoff shall not again be eligible for an additional severance pay allowance until the employee has accumulated one (1) additional year of continuous service credit. Upon establishing one (1) year of additional continuous service credit after such reinstatement, the employee shall again be entitled to a severance pay allowance in accordance with continuous service credit if again laid off under the conditions herein provided.

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In the event of termination by NOAA of its contract with the Company, for work to be performed at the Gilmore Creek NOAA Tracking Station at Fairbanks, Alaska, an employee shall not receive severance pay if the employee within thirty (30) calendar days after termination of employment or completion of the Company's contract with NOAA, whichever is later, is employed by or offered employment, or enters into an agreement for subsequent employment with a succeeding contractor under a follow-on contract in a position requiring the same, similar, or greater responsibility or skill.

4.13 DESIGNATED HOLIDAYS

The Company recognizes the following holidays: New Year's Day, President's Day, Good Friday, Easter Monday, 1 Floating Holiday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve Day and Christmas Day.

Floating Holiday must be pre-scheduled and approved by their immediate manager at least two weeks in advance, must be on a normally scheduled work day, the employee does not have the option to work that day and it must not adversely affect manning.

4.14 HOLIDAY PAYMENT

The twelve (12) designated holidays mentioned in Section 4.13 will be paid for provided employees covered by this Agreement meet all of the eligibility rules set forth below:

(a) The employee has thirty (30) days’ seniority as of the date of the holiday

(b) Holiday Payment: When the above mentioned holidays are not worked by an employee the employee shall be paid eight (8) hours at the straight time hourly rate provided that the employee works (8) hours on the workday immediately preceding the holiday, as well as eight (8) hours on the workday immediately following the holiday. This requirement is satisfied if the employee is on a paid absence, however, it is not applicable to employees on unpaid absences. Employees who are required to work on any one (1) of the designated paid holidays, shall be paid time and one-half (1-1/2) for hours worked, plus holiday pay as designated above.

(c) Observance of Holidays: If a designated holiday falls on an employee's first (1st) scheduled day off, the holiday will be observed on the workday proceeding the day on which the holiday falls. If a designated holiday falls on the employee's second (2nd) or third (3rd) scheduled day off, the holiday will be observed on the workday following the day on which the holiday falls.

4.15 VACATION POLICY

It is the policy of the Company to grant a vacation to the regular employees as herein provided. Vacations shall be granted so far as possible at times most desired by the employee, but the Company reserves the right to schedule vacations at any time during the calendar year in order to insure orderly and efficient operation. Vacation allowance

01/01/2014– 12/31/2016 Page 16 of 27 Pages shall be computed on the basis of the employee's base straight time hourly rate at the start of the employee's vacation, and shall be paid for at eight (8) hours per day. Vacation time may be utilized in one (1) hour increments.

Vacations shall be scheduled for the calendar year during the month of January. When an employee forgoes any or all scheduled vacation at the request of the Company, the employee shall have the option to be paid for such vacation or be permitted to take such unused vacation within the following thirty (30) days. The time for taking such rescheduled vacation shall be mutually agreed upon between the Company and the employee, giving consideration to the operating needs of the Company and the wishes of the employee.

The Company will respond to leave or vacation requests within the following thirty (30) days.

4.16 ELIGIBILITY

Paid vacation shall accrue to the employees at the following rates:

Years of Service Accrual Rate / Month Accrual Rate / Year Less than 1 year 8.33 hours per month 100 Hours per Year 1 Year but less than 4 Years 13.5 hours per month 162 Hours per Year 4 Years but less than 9 Years 18.16 hours per month 218 Hours per Year 9 Years but less than 14 Years 19.5 hours per month 234 Hours per Year 14 Years or more 21.5 hours per month 258 Hours per Year

Employees’ vacation bank will be capped at 480 hours.

Additional vacation without pay may be granted for up to 80 hours, ten (10) working days, provided that granting such leave would not hamper station manning and requirements.

Unpaid vacation shall only be approved and used after all paid vacation has been exhausted. Any additional time off may be scheduled under Article 4.26 of this Agreement.

In computing the above vacation, employees will accrue vacation by 24 pay periods per year, or in accordance with the current payroll system.

Employees may use up to 48 hours of vacation in 1/10 hour increments with less than 24 hour notice, with supervisor’s approval. Approval will not be unreasonably withheld.

4.17 PAYMENT IN LIEU OF VACATION

An employee who is terminated for any reason shall be granted payment in lieu of any accrued paid vacation.

4.18 PAYMENT FOR TIME SPENT HANDLING GRIEVANCES

All local Union business and activity shall be on the Shop Steward's own time, except time spent solely during the regular scheduled workday on recognized Company-Union

01/01/2014– 12/31/2016 Page 17 of 27 Pages business and administration of this Agreement, adjustment of grievances during the complaint stage, and adjustment of grievances during Steps No. 1 and 2 of the Grievance Procedure.

4.19 APPLICATION FOR LEAVES OF ABSENCE

Except for military service, no application for a leave of absence as described in this Article will be considered unless it is applied for in writing and presented to the Resident Project Manager.

4.20 SICK LEAVE

One hundred twenty (120) hours sick leave will be granted to each employee on January 1 of each year regardless of length of service. Sick leave will be pro-rated based on the number of months remaining in a year for employees employed during the calendar year.

Employees who start work before the 15th of the month will receive pro-rated sick leave for that month; employees who start work after the 15th of the month will not receive pro-rated sick leave for that month.

An employee may be allowed personal illness or injury, or preapproved personal business leave a maximum of forty (40) hours in any calendar year without presentation of a medical certificate by the employee. Management retains the right to investigate the validity of any sick leave taken beyond the initial 40 hours in any calendar year. Absences resulting from a pre-scheduled appointment may be charged in one-tenth (1/10th) hour increments when supported by medical certification of completion. In the event an employee becomes ill at work, an absence resulting from this illness may be charged in one-tenth (1/10th) hour increments.

Employees may be allowed to accumulate all of the employee's unused sick leave in a catastrophic illness account for the employee's use when hospitalized or for other unforeseeable accidents or serious illnesses. Employees will be able to accumulate no more than a total of five hundred (500) hours in their catastrophic illness account. The following procedure will be followed with regards to using the catastrophic illness account:

(a) Employees will use their current year’s sick leave bank, until it has a balance of twenty (20) hours or less.

(b) If necessary, the employee will then be allowed to use the catastrophic account balance. An employee eligible for Workers' Compensation payments may elect to receive sick leave and other absences and return their Workers Compensation benefit check to the Company. Once available allowances are exhausted, the employee shall only receive Workers' Compensation benefits.

(c) The employee may then use all remaining vacation.

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(d) “Donation of Vacation for Sick Leave”: With Project Management approval, employees may donate vacation to a coworker when all paid time off has been exhausted by the donee as a result of long-term disability or catastrophic illness. Donated vacation may be used before receiving unpaid leave of absence.

Receipt of donated vacation is not a factor in determining how long an employee may be absent due to inability to perform their job. Employees may donate vacation at a minimum of four hours.

1. Each employee wishing to donate vacation must submit a written request to the Project Administration Manager with the following information:

Donee and Donor names Number of hours to be donated.

2. Employer will transfer the donated leave hours to the donee’s vacation account for use.

3. Once vacation leave donation is approved, the leave becomes irretrievable by the donor.

An employee having exhausted paid sick leave and having sixty (60) days or more of continuous service credit with the Company, and who shall be found and certified by an examining physician to be unable to perform the employee’s regular assigned duties with the Company because of disabling sickness, pregnancy or injury, shall receive a leave of absence without pay, but with service credit and seniority accumulating while such conditions continues. If the disability continues beyond twelve (12) months and the employee has not returned to work, the employee’s continuous service credit and seniority will be broken and terminated.

4.21 LEAVE OF ABSENCE FOR UNION ACTIVITY

Any employee with at least six (6) months of continuous service credit, shall, on written request of the Union, be granted a leave of absence for Union activity for a one (1) year period. Extensions of one (1) year duration shall be requested and granted on written request of the Union prior to the termination of such leave. Continuity of service and full seniority privileges shall be retained and accumulated during such leaves of absence.

When the Union activity for which such leaves of absence are granted shall cease, the Union shall immediately notify the Company in writing and if application is made therefore within ten (10) days thereafter, such Union member will be given re-employment in the Union members former position, if same still exists, or a comparable position, in accordance with the employee's seniority privileges and at the applicable wage rate at the time of return. On written request of the Union and approval of the Company, employees shall be entitled to leave of absence, without pay, to attend official Union conventions. The number of employees to be granted such leaves of absence shall be discussed between the Company and the Local Union.

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4.22 MILITARY LEAVE

Employees will be granted military leave consistent with the Uniform Services Employment and Reemployment Rights Act and policies of AGS.

4.23 OTHER APPROVED ABSENCE

Employees with sixty (60) days or more of continuous service credit with the Company may be granted a leave of absence for death in the family, quarantine, marriage, or voluntary service with a government agency. Leaves of absence may also be granted for other miscellaneous reasons. Application by the employee for such approved absence should be made in writing to the immediate supervisor.