Attachment_7_-_General_Teamsters_Local_959_Collective_Bargaining_Agreement.pdf

AGREEMENT

By and Between

ASRC AEROSPACE

and

TEAMSTERS LOCAL 959

OF THE

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

January 1, 2013 – December 31, 2016

RFox Typewritten Text

ATTACHMENT 2

Fairbanks Command and Data Acquisition Station

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TABLE OF CONTENTS

Page

ARTICLE 1 ADMINISTRATION OF AGREEMENT

1.01 Agreement

1.02 Purpose

1.03 Recognition of Bargaining Unit

1.04 Union Shop

1.05 Work Covered

1.06 Working Assignments

1.07 Determination of Work Shifts

1.08 Recognition of Union Shop Stewards

1.09 Duties of Union Stewards and Representatives

1.10 Access to Company Property and Records

1.11 Introduction of New Employees

1.12 Vacancies

1.13 Hiring Procedure

1.14 Temporary Hire Employees

1.15 Dues Checkoff and Payroll Deduction

1.16 Complaints

1.17 Provisions Against Discrimination

1.18 Grievances

1.19 Discipline and Discharge

1.20 Specified Activities not Permitted

ARTICLE 2 SENIORITY

2.01 Seniority Policy

2.02 How Seniority is Acquired

2.03 Continuous Service Credit

2.04 Continuity of Service

2.05 Seniority of Union Representatives

2.06 Seniority Privileges for Employees who are

Transferred out of the Bargaining Unit

2.07 Seniority for Employees on Leave

2.08 Probationary Employees

2.09 Seniority Lists

2.10 Layoffs

2.11 Recall

2.12 Seniority for Purposes Other Than Layoff and Recall

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TABLE OF CONTENTS (CONT.)

Page

ARTICLE 3 SAFETY

3.01 Safety

3.02 Medical Service, Evacuation Transportation, and Hospitalization

ARTICLE 4 GENERAL WAGE AND LEAVE PROVISIONS

4.01 Wage Rates

4.02 Wage Administration

4.03 Night Shift

4.04 Height Time

4.05 Overtime - Non-Shift Employees

4.06 Overtime - Shift Employees

4.07 Pyramiding of Overtime

4.08 Call-In and Extended Hours Pay

4.09 Severance Pay

4.10 Holidays and Holiday Pay

4.11 Payment for Time Spent Handling Grievances

4.12 Competitive Labor Rates for Installation Teams

4.13 Rates for New or Revised Positions

4.14 Vacation Policy

4.15 Vacation Eligibility

4.16 Additional Vacation Without Pay

4.17 Payment in Lieu of Vacation

4.18 Absence for Personal Illness or Injury

4.19 Absence for Death in Immediate Family

4.20 Absence for Temporary Disabling Illness or Injury

4.21 Absence and Payment for Jury Duty

4.22 Military Leave

4.23 Civic and Political Activities Leave

4.24 Leave of Absence for Union Activity

4.25 Application for Leave of Absence

4.26 Other Approved Absence

4.27 Temporary Off-Station Assignments

4.28 Trading Hours

4.29 Double Dips

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TABLE OF CONTENTS (CONT.)

Page

ARTICLE 5 GENERAL CONTRACT PROVISIONS

5.01 Emergency Situations

5.02 Customer Directed Suspension of Work

5.03 Tools and Equipment

5.04 Union Bulletin Boards

5.05 Notices

5.06 Health and Welfare Plan-Alaska Teamsters

5.07 Alaska Teamster Pension Plan

5.08 Alaska Teamster-Employer Service Training Trust

5.09 Security Clearance

5.10 Effect of Law

5.11 Successors and Assigns

5.12 Mutual Agreements

5.13 Waiver

5.14 Strikes, Lockouts, and Related Interruption of Work

5.15 Galley

5.16 Definitions

5.17 Recognition of Rights and Functions of Management

5.18 Supplemental 401(k) Plan Contributions

5.19 Term and Notice of Change or Termination

APPENDIX A, WORK SCHEDULE .......................................................................... 36-40

SCHEDULE 1, WAGE RATES ................................................................................. 41-42

LETTER OF UNDERSTANDING NO. 1

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ARTICLE 1

ADMINISTRATION OF AGREEMENT

1.01 Agreement. This Agreement, effective the 1st day of January 2013, between ASRC Aerospace hereinafter referred to as the Company, and Teamsters Local 959 of the International Brotherhood of Teamsters, hereinafter referred to as the Union, for employees represented by the Union at the Fairbanks Command and Data Acquisition Station (FCDAS) at Fairbanks, Alaska.

1.02 Purpose. The Union, representing employees of the Company, and the Company 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. To further these purposes, representatives of the Company or the Union may request a conference at any time to discuss any general condition that may exist at the FCDAS.

1.03 Recognition of Bargaining Unit. The Company recognizes the Union as the sole and exclusive bargaining representative as certified by the National Labor Relations Board for the purpose of collective bargaining with respect to rates of pay, wages, benefits, working conditions, safety, hours of work, and other conditions of employment for all employees in occupational classifications set forth in Schedule 1, to include all subsections of this Agreement, at the Company's FCDAS at Fairbanks, Alaska; but EXCLUDING all professional employees, supervisors, and guards as defined in the Act.

1.04 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 such employment, become and remain members in good standing in the Union.

1.05 Work Covered. The work covered by this Agreement is work within the scope of the Company's contract with and as directed by NOAA, with respect to the FCDAS, and shall consist only of the operation, maintenance, installation, repair of electronic and electromechanical and antenna equipment, and related support functions when such work is performed by employees covered by this Agreement who are regularly employed and assigned to the FCDAS at Fairbanks, Alaska.

Installation team work may be performed by non-bargaining unit employees of the Company up to a maximum of thirty (30) calendar days per installation. If the

01/01/13-12/31/16 -2-F:\ASRC Aerospace\010213 ASRC Aerospace CBA final.docx installation requires longer than thirty (30) calendar days for completion, the non-bargaining unit employees must join the Union. Depot level maintenance work is not bargaining unit work, except where antenna and electronics work shall be performed by bargaining unit employees. If possible, the Company shall notify the Union at least seven (7) calendar days in advance before the start date of such work.

Any parts purchased locally or ordered through NOAA logistics while the DLM Team is on site, will be handled by Local 959 bargaining unit logistics personnel. Normal day-to-day handling and disbursement of parts from the parts stock brought to the site by the DLM Team will be handled by DLM Team personnel.

1.06 Working Assignments. Employees outside the bargaining unit shall not perform the regular and exclusive work of bargaining unit employees, except for the purposes of instruction and experimentation, and in emergency situations. For purposes of this provision, "experimentation" shall mean an engineering effort to determine feasibility of changing functions or performances of existing equipment in order to accomplish new requirements. Such experimentation will not be performed for the purpose of operating or maintaining Station equipment. This clause shall not be used for the purpose of avoiding overtime payment.

The Company and the Union recognize NOAA has designated the IT Manager as “key personnel” and has designated said Manager as the backup ISSO on site to perform work that is security sensitive. Due to accreditation laws and regulations there also must be a separation in duties. Therefore if the IT Manager implements or installs new programs as directed by NOAA the IT Administrators will maintain these implementations and installations and the IT Manager will audit said maintenance. This is understood by both the Company and the Union that this is vital to the security of the mission and therefore for the purposes of this agreement shall not constitute a violation of this agreement.

Each employee shall be given an assignment letter assigning the employee to a specific position on the first day of employment at the FCDAS, and each subsequent change thereafter in accordance with Section 1.19.

It is the intent of the Company to assign employees to positions that are the most desirous to the employee; however, operational requirements may preclude such an assignment.

When any reconfiguration occurs (added equipment for which NOAA has authorized formal training) the Company will discuss the effects of such reconfiguration with the Union prior to its implementation.

The Company will make reasonable efforts to train present employees in the operation of new equipment.

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1.07 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. However, if operations permit, the Company shall notify the employee of any contemplated "shift change" in writing at least seven (7) days prior to the 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. Permanent shift changes resulting in an economic impact to an employee shall be subject to Section 1.19, Vacancies.

a. At the request of the employee and upon approval of their immediate manager, day shift personnel may shift their “regular shift” work schedule either earlier or later (still work a full shift) such hours shall be like hours (not to increase cost to the contract, i.e. no overtime or night shift differential) and should be contiguous

1.08 Recognition of Union Shop Stewards. The number of shop stewards to be recognized by the Company shall be determined by mutual agreement of the parties.

However, at no time shall the total number of shop stewards exceed eight (8), including a chief steward. The shop stewards shall be employees of the Company and shall be selected by the Union.

1.09 Duties of Union Stewards and Representatives. The duties and activities of the shop steward (except when otherwise specifically agreed between the parties) while acting as such in the jurisdiction which the shop steward represents, shall be limited to the handling of grievances and complaints that arise in the jurisdiction which the shop steward represents and in accordance with the grievance procedure, or to other recognized Company-Union business. Except when they are engaged in the settlement of grievances and complaints under the grievance procedure or other recognized Company-Union business, all Union representatives shall continue at their regular work in the same manner as other workers.

1.10 Access to Company Property and Records. The Business Representative of the Union may visit the Station at any time during the Company's regularly scheduled workday. The Union understands and agrees that when it is necessary for the Business Representative 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 request for each visit shall be approved in advance by the Project Manager, or such designated representative. Such visits shall not interfere with normal Station operations.

The Company will make available to the Business Representative or such authorized representative, such employee records and copies which may be necessary in the proper investigation of a grievance or complaint as may be reasonable and lawful to provide.

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1.11 Introduction of New Employees. Each new employee within the bargaining unit shall be introduced to the Union stewards on duty by management, as soon as possible, but in no event later than five (5) working days after the employee reports to the supervisor for assignment.

1.12 Vacancies. Before new employees are hired to fill vacant positions, the Company shall transfer or promote from within the bargaining unit, if employees having the necessary skills or abilities to perform the work are available as determined by the Company.

The Company shall notify the chief Union steward of all new or existent vacant positions to be filled. Within three (3) days of such notice, a notice of vacancy or new position shall be posted in a designated, conspicuous place by the Company. Said notice shall remain posted for no less than two (2) calendar days on all shifts. Any employee desiring to apply for the vacant position may do so by signing the posted list.

The employee selected to fill the vacancy shall be the senior qualified applicant as determined by the Company. The name of the selected employee shall be given to the Union in writing no more than ten (10) business days after a change in job classification becomes effective. All transfers or promotions shall become effective the day the transferred or promoted employee starts work in the new position In no case shall the selection of the senior qualified applicant exceed fifteen (15) calendar days from the vacancy posting date.

Unless otherwise specified in this Agreement, all permanent transfers or promotions shall be at the mutual agreement of the Company and the employees. Nothing shall abridge an employee's right to accept a promotion.

The downgrade of an employee to a vacant position will be considered at the request of the employee on a case-by-case basis. The approval of such downgrades requested will not be unreasonably withheld. The affected employee must accept the lower-rated pay scale beginning on the first day of work in the new position.

The Company is an Alaskan Native corporation. Therefore, the Company may affirmatively hire ASRC Shareholders who meet the qualifications to fill the vacancy in accordance with the Alaska Native Claims Settlement Act. The Company will allow the Union seventy-two (72) hours to provide an appropriate ASRC Shareholder for the vacancy. If the Union is unable to fill the vacancy with a shareholder, then the Company will advertise the position with the ASRC Shareholders. If the Company cannot produce an ASRC Shareholder within four (4) working days, then the position will return to the Union for dispatch.

If the Company cannot find a fully qualified person and the position qualifications are modified, the Company will re-post the position internally and the bidding process will be reinitiated.

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1.13 Hiring Procedure. The Company agrees to notify the Union of requirements for all applicants for employment in the positions covered by this Agreement. The Company shall exercise its management right to select those individuals who, in the sole opinion of the Company, are the most capable and qualified to fill existing vacancies.

The Union shall refer applicants for interviews and evaluations. Such referral by the Union shall be on a nondiscriminatory basis and shall not be based on, nor in any way affected by, Union membership, bylaws, rules, regulations, constitutional provisions, or any other aspects or obligations of Union membership policy or requirements.

The Union agrees that it will not discriminate against non-Union workers in referring applicants to the Company, and the Company agrees that it will not discriminate against Union members in selecting applicants referred by the Union. All employees must present a dispatch from the Union to the Company prior to beginning their first day of work.

If the Union cannot refer qualified applicants for employment within ninety-six (96) hours (exclusive of Saturdays, Sundays, and holidays) after notification of an opening, the Company shall utilize such other methods of employment as are at its disposal. The Company shall, without delay, notify the Union in writing of any employees so hired.

1.14 Temporary Hire Employees. Temporary hire employees may be utilized by the Company to replace regular employees absent due to vacation, special leave, unpaid leave of absence, absence for personal illness or injury, workers' compensation injury, and to staff special projects. Temporary hire coverage shall be for a minimum of five (5) days and a maximum of ninety (90) days, unless the coverage period is extended by mutual agreement between the Company and the Union.

Temporary hire employees shall be eligible for and receive:

a. Holidays occurring during their term of employment; provided, the temporary hire has been on the payroll for a minimum of thirty (30) days.

b. Trust contributions for all compensable hours.

c. 401(k) contributions will be made on work hours only.

Temporary hire employees shall not be eligible for benefits such as, but not limited to, absence for personal illness or injury, jury duty, absence for personal reasons, severance pay, absence for death in the family, seniority, continuous service credit, and layoff and recall rights.

The Company will place requests for temporary employees with the Union's dispatch hall after qualified laid off employees have been recalled. Laid off employees recalled as temporary will fall under these guidelines.

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If an employee is currently on the recall list and accepts a temporary position in accordance to this Article, his or her recall rights will be extended by the length of time said employee works. If such employee works thirty (30) days or more during any calendar year, his or her recall rights will be reset at the time he or she is returned to the recall list.

The Company will place requests for temporary employees with the Union's dispatch hall. The Union will be responsible for referring qualified candidates for temporary employment.

1.15 Dues Checkoff and Payroll Deduction. The Company, upon receipt of a written authorization signed by the employee (which authorization shall not be irrevocable for a period of more than one (1) year, or beyond the termination date of this Agreement, whichever occurs first), shall deduct from the employee's wages such employee's initiation fee and, on the payday of each month designated by the Company and the Union, the Union dues, and shall remit them to the duly authorized representative of the Union, together with a list of the names of the employees from whose pay deductions were made. The Union agrees to hold the Company free from all liability in connection with dues collections, except for the ordinary diligence and care in the transmittal of the monies to the Union.

The Company shall allow employees to use the payroll deduction system to deposit wages into credit unions or banks of the employees' choice, in accordance with the Company's payroll deduction policy. The Union agrees to hold the Company free from all liability in connection with credit union deductions, except for ordinary diligence and care in the transmittal of the monies to the credit union. The employee must adhere to the Company's regulations covering payroll deductions to credit unions.

1.16 Complaints. An employee, either directly or through their location shop steward, may verbally present a complaint to their supervisor. Complaints may be adjusted with or without the intervention of the Union as long as the adjustment is not inconsistent with the terms of this Agreement, and provided the location shop steward has been given an opportunity to be present at such adjustment.

1.17 Provisions against Discrimination. The Company and the Union agree that there shall be no discrimination by the Company or the Union against employees because of race, color, creed, religion, national origin, sex, age, union affiliation, disabled veterans, veterans of the Vietnam era, or marital status, or because of a certified physical or mental handicap. It is understood wherever in this Agreement, employees or jobs are referred to in the male gender, it shall be recognized as referring to both male and female employees. In conjunction with Section 1.12, Vacancies, the Union recognizes that the Company may affirmatively hire ASRC Shareholders who possess the skills necessary to perform the duties required.

1.18 Grievances. All grievances shall be presented as soon as practicable after the occurrences upon which the same is based, but in no event later than thirty (30)

01/01/13-12/31/16 -7-F:\ASRC Aerospace\010213 ASRC Aerospace CBA final.docx calendar days. The failure to submit a grievance within such period 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 thirty (30) days prior to the date upon which the complaint was presented.

a. Definition and Presentation of Grievances. Grievance shall mean, and be limited to, disputes or differences between the Company and the Union, or employees so represented, with respect to the interpretation or application of any specific provision of this Agreement. If a resolution to a grievance cannot be reached between the Company and the employee and/or the shop steward, the grievance shall be reduced to writing and processed in accordance with the following steps.

Step 1: A Step 1 meeting will take place within ten (10) calendar days of receipt of the written grievance between the Project Manager, or the Company's designated representative, and the Union's Business Representative, or the Union's designated representative. The Project Manager shall make a reply in writing not later than ten (10) calendar days after the Step 1 meeting. If this reply is unsatisfactory, the grievance may be appealed to Step 2; provided such appeal is made within ten (10) calendar days following receipt of the reply. The employee's immediate supervisor and a location shop steward may be present at the Step 1 meeting.

Step 2: A Step 2 meeting will take place between the Director of Labor Relations in Employment of the Company, or the Company's designated representative, and the Union’s business representative, or the Union's designated representative. The Company shall make a reply in writing not later than ten (10) calendar days after meeting with the Union's representative. The Step 2 meeting shall take place within ten (10) calendar days following the appeal to Step 2. If this reply is unsatisfactory, the grievance may be appealed to arbitration; provided written notice of such appeal is given to the Company within ten (10) calendar days following receipt of the Step 2 reply.

If the Company fails to reply within the time limits set forth in Step 1 or Step 2, the grievance will automatically progress to the next step.

However, the time limits set forth above may be extended by mutual agreement of the parties.

b. Arbitration. Any grievance not satisfactorily disposed of in accordance with the steps of the grievance procedure outlined above, may be submitted to arbitration by either party. If the grievance is submitted to arbitration, the arbitrator selection process will commence no later than thirty (30) days by either

01/01/13-12/31/16 -8-F:\ASRC Aerospace\010213 ASRC Aerospace CBA final.docx party requesting a list of arbitrators. However, this time may be extended by mutual agreement of the parties.

An arbitrator shall be selected pursuant to the Voluntary Labor Arbitration Rules of the American Arbitration Association or the Federal Mediation and Conciliation Service. Unless otherwise agreed, all arbitrations shall be processed and conducted in accordance with such Voluntary Labor Arbitration Rules.

The parties agree that the decision or award of the arbitrator shall be final and binding on each of the parties and that they will abide thereby, subject to such laws, rules, and regulations as may be applicable. The authority of the arbitrator shall be limited to determining questions directly involving the interpretation or application of specific provisions of this Agreement, and no other matter shall be subject to arbitration hereunder. The arbitrator shall have no authority to add 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. In no event shall the same question or issue be the subject of arbitration more than once. Each party shall bear the expense of preparing its own case. The cost of the arbitrator's services and any other expenses incidental to the arbitration, mutually agreed to in advance, shall be borne equally by the parties.

1.19 Discipline and Discharge. It is understood herein that the Company has the right to discipline or discharge an employee within thirty (30) calendar days after the Company learns an action has occurred which has established just and sufficient cause.

A discharged or suspended employee shall, at the time of such action, be furnished a discharged notice in writing setting forth the precise charge which has caused this action.

If an employee feels that the discharge or suspension was unjust, the employee shall be entitled to a hearing; provided the employee, or Union representative, submits a written request for the same within a ten (10) calendar day period following the employee's receipt of discharge or suspension notice.

When a discharged or suspended employee submits a request for a hearing in writing, the Company shall commence to conduct such hearing within the (10) calendar days from the date upon which the request is received. Such discharged or suspended employees shall have reasonable opportunity to secure the presence of, and be assisted by, the business representative or the Union representatives of their own choosing. The hearing will be conducted locally and, upon completion of the hearing, the Company shall, within ten (10) calendar days, render its decision in writing. A copy of such decision shall be furnished the discharged or suspended employee and Union representative.

If the hearing results in a decision favorable to the discharged or suspended employee, the employee shall be reinstated without loss of seniority and entitled to any loss in

01/01/13-12/31/16 -9-F:\ASRC Aerospace\010213 ASRC Aerospace CBA final.docx compensation as may be mutually agreeable between the parties. The service record of such employee shall be corrected as directed by the decision.

If, as a result of the hearing, action is affirmed, the matter may be submitted to the grievance procedure.

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

The Company will consider reprimands or disciplinary action against an employee as cleared from the employee's record after a twelve (12) month period from the date of issuance; provided, that there have been no further infractions during that period. The employee's record may be cleared earlier when, in the judgment of the Company, the employee's service record warrants such action; provided, such an employee makes such request through the employee's immediate supervisor.

1.20 Specified Activities not Permitted. The Union agrees that neither the Union nor its members shall solicit for membership on Company time, or conduct on Company time, any Union activity other than the handling of complaints and grievances in the manner and to the extent provided by the terms of this Agreement. Any employee who violates this Section of this Agreement shall be subject to disciplinary action by the Company.

ARTICLE 2

SENIORITY

2.01 Seniority Policy. The Company and the Union accept the principle of employee seniority commencing with the first date of the employee's unbroken continuous service at the FCDAS at Fairbanks, Alaska. The principles of seniority that apply, as set forth in this Article, are based upon the positions and groups as set forth in this Agreement. It is recognized that an employee's position is that person's primary responsibility; however, the employee is expected to perform work in other positions as required.

2.02 How Seniority is Acquired. Each employee shall have site seniority in the seniority group to which the employee is assigned. The starting date for the employee's site seniority shall be the first day of work at the FCDAS.

When two (2) or more employees otherwise would have identical seniority, seniority rank will be determined by alphabetical order of last names, the names 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 that cause a break in continuous service and seniority as set forth in Section 2.04, Continuity of Service.

2.03 Continuous Service Credit. The principle of continuity of service is recognized in accordance with and subject to the provisions of this Agreement. For purposes of the Agreement, each employee shall have continuous service credit with the Company dating from the first date of the employee's unbroken service at the FCDAS facility.

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2.04 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 voluntary termination of employment.

b. Absence in excess of three (3) consecutive working days without notice, either by telephone or written message by messenger to the employee's immediate supervisor, 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 a layoff within ten (10) working days after the Company gives the employee notice to return to such work. Such notice shall be deemed to have been sufficiently given if sent to the employee by registered mail addressed to the last address furnished to the project administrator.

f. Layoff without recall to work within one (1) year from the date of such layoff.

g. Voluntary transfer from the FCDAS for a period of more than one (1) year.

2.05 Seniority of Union Representatives. As long as there is work available which they are capable of performing, the Union stewards shall hold seniority over all employees in their respective jurisdiction, position, and group. This Section shall apply only in case of layoff.

2.06 Seniority Privileges for Employees who are Transferred out of the Bargaining Unit. When an employee has established seniority privileges within the bargaining unit, and is or has been transferred to a position not included in the bargaining unit and such employee is thereafter again employed within the bargaining unit within twelve (12) months, such employee is thereby deemed to have retained previously acquired seniority privileges within the bargaining unit, and to have accumulated such seniority privileges during the time in which the employee was employed in a position not covered by the bargaining unit.

2.07 Seniority for Employees on Leave. Unless specifically covered elsewhere in this Agreement, employees on leave of absence for any valid reason shall continue to accrue seniority for a maximum of twelve (12) months following the employee's departure.

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2.08 Probationary Employees. Employees shall be considered on probation and not entitled to seniority until they shall have completed thirty (30) calendar days of continuous service at the FCDAS at Fairbanks, Alaska. Upon completion of said period of employment, the employee shall be considered a regular employee and the employee's seniority shall date from the start of the probationary period. There shall be no requirement that the Company later reinstate or rehire probationary employees if they are discharged during the probationary period.

2.09 Seniority Lists. Once each year, approximately January 15th and as changes occur, the Company shall supply the Union with a seniority list of employees covered by this Agreement, and shall post such list on the Company bulletin boards for a period of thirty (30) days. Any employee may contest the accuracy of their seniority status, and if an error is established, correction shall be made. After said thirty (30) days, the seniority status of all employees shown on the list, as corrected, shall be incontestable.

2.10 Layoffs. The following procedure shall be followed in layoffs:

a. The employee having the least seniority in a position within the seniority group affected shall be the first laid off. The fact that the Floating O&M Technician is receiving additional pay does not prevent someone in a Floating O&M Technician position from being bumped from this position by an O&M Technician as a result of layoffs within the O&M Technician classification.

b. The seniority groups are identified as follows: Electronics, Antenna, and Logistics. An employee may then displace another employee with the least bargaining unit seniority in any equal or lower-rated position within the seniority group; provided, the employee has more bargaining unit seniority than the displaced employee and is qualified and able to perform the work without loss of efficiency within thirty (30) calendar days from the date the employee assumes the duties.

c. If such employee is unable to displace any employee within the employee’s seniority group as provided above, the employee may exercise bumping rights in any other seniority group in any equal or lower-rated position;

provided, the employee has more bargaining unit seniority than the displaced employee and is qualified and able to perform the work without the loss of efficiency within thirty (30) calendar days from the date the employee assumes the duties.

d. Such employee must notify the Company in writing of their intention to exercise bumping rights within two (2) working days of the Company's layoff notice. An employee so displaced may similarly exercise seniority rights of displacing another employee in accordance with the same criteria.

e. If such employee is unable to displace any employee as provided above, the employee shall be removed from the payroll and placed on layoff. In all

01/01/13-12/31/16 -12-F:\ASRC Aerospace\010213 ASRC Aerospace CBA final.docx 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.

f. If such displaced employee is unavailable due to vacation, extended leave, etc., at the time the employee is displaced, the employee will, on their return, have up to forty-eight (48) hours on an unpaid temporary layoff basis to elect to exercise bumping rights or accept the layoff.

2.11 Recall. For the purpose of reinstatement, all laid off employees shall be recalled in the following order: Laid off employees shall be recalled in order of seniority, the most senior qualified laid off employee being recalled first. Those laid off employees who are offered recall and who fail to make application for reinstatement within the time limit specified below, will lose all recall rights.

Notification of openings for reinstatement shall be sent by the Company by registered or certified mail to the last mailing address furnished by the employee. A copy of such notice shall also be sent to the Union. Within ten (10) working days after such notice is given, the laid off employee must advise the Company whether the employee accepts reinstatement. If no reply is received by the Company within ten (10) working days after notice is sent, the next employee on layoff may be reinstated. If no employee eligible for recall in accordance with the above remains on layoff, a new employee may be hired.

2.12 Seniority for Purposes Other Than Layoff and Recall. Seniority, when used for purposes other than layoff and recall (i.e., vacation scheduling), shall be based upon site seniority. The Company reserves the right in all instances to determine the number of employees in any position who may exercise such seniority privileges at a given time.

ARTICLE 3

SAFETY

3.01 Safety. In the event an employee identifies an unsafe condition, which in the employee's opinion could cause injury to the employee if the employee continued to perform the assigned work, the employee will advise the supervisor of the situation.

The supervisor will promptly evaluate the alleged safety problem and act as follows:

a. If the supervisor determines there is clearly no risk of injury in the performance of the assigned work, the supervisor will so advise the employee and instruct the employee to continue the assigned work.

b. If the supervisor determines a risk or hazard may exist, the supervisor will promptly contact the management safety monitor and other qualified personnel as determined necessary to evaluate the risk.

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c. Following the evaluation by the management safety monitor and other persons who may have been called in for consultation, the management safety monitor will render a decision.

d. If it is determined that no risk is present, or if immediate action is taken to eliminate the risk of injury, the employee will be so advised and instructed to continue work. In the event the assigned employee still refuses to perform the work, the employee will be suspended pending further review, and other qualified employees in the bargaining unit may be assigned. If no bargaining unit employees are available, the Company may utilize any other means to perform the work. The disagreement will be immediately referred to a joint review by the management safety monitor and the safety representative employed by the Union. The joint Company-Union review will be accomplished as promptly as possible.

e. If this review does not resolve the issue, an independent safety expert will be asked to review the work location and the alleged unsafe conditions, and will consult the management safety monitor, the supervisor, the employee involved, and the Union safety representative. The Union steward may be present for this review. An opinion will then be given based upon the majority decision of the Union safety representative, the management safety monitor, and the third party consultant, who will serve as chairperson.

f. The decision of the committee will be final, and if the work is deemed safe, the employee will be obligated to return immediately to normal duties. In such instance, the employee will not be compensated for any loss of pay resulting from the suspension. If it is determined that a hazardous condition existed, which may have resulted in injury to the employee, the temporarily suspended employee will be compensated for loss of pay resulting from the suspension and no employee will be assigned to such work until the condition has been corrected.

g. The third party safety consultant will be selected from OSHA representatives. If a qualified OSHA representative is not available in Alaska, selection shall be made from other independent sources, including governmental safety inspectors, engineering faculty members, or other qualified safety inspectors. An agreed upon list of such persons available for such an assignment will be prepared by the Company and the Union within sixty (60) days of execution of the Collective Bargaining Agreement. The parties will share equally in the costs of employing the third party safety consultant, who will serve solely on a one-time basis to evaluate the alleged unsafe condition arising from an employee's refusal to work due to possible risk of injury. Shop stewards will meet once each month with their respective supervisors to discuss safety problems and practices in their activity.

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h. The Employer shall drug test after an employee injury requiring medical attention beyond first aide by a health care provider. Drug testing shall be required after any vehicular accident, inclusive of personal vehicles if being used for work duties.

3.02 Medical Service, Evacuation Transportation, and Hospitalization. If the Company determines that an employee stationed at the site of work 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 Fairbanks, Alaska.

ARTICLE 4

GENERAL WAGE AND LEAVE PROVISIONS

4.01 Wage Rates. The basic hourly wage rates for employees covered by this Agreement are contained in the Schedule 1.

a. Shifting Amounts from Wages. Parties agree the Union may once a year, prior to November 1 of the current contract year, submit adjustments to the contribution rate (Health and Welfare and/or Pension or 401(k)) from the hourly wage rate, an amount not to exceed one dollar ($1.00). Notice shall be in writing to the facility’s Business manager. If the notice is not submitted by November 1 for the upcoming annual wage change, it will not take effect until the next annual wage change one (1) year later. This Section does not apply to an individual’s contribution to 401(k).

b. Day shift leader upgrade shall not be required when the normal day shift leader is temporarily off site and is available by a Company-supplied cellular phone.

4.02 Wage Administration. An employee shall progress from the entry rate of their position to the full rate in the rate range after six (6) months. The employee will automatically be upgraded to the full rate effective on the first day of their seventh (7th) month.

An employee who is promoted to a position in a higher wage grade and has been employed with the Company for six (6) months shall receive the full wage rate in the new position. Individuals who are upgraded on a temporary basis to cover for someone in a higher wage scale will receive the entry level rate for the covered position.

The established automatic progression schedule shall not preclude the Company from hiring an employee at the full rate if such action is necessitated by hiring difficulties experienced in the employment market.

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4.03 Night Shift. Employees who work any hours between 7:00 p.m. and 7:00 a.m.

shall be paid a shift differential rate.

Effective:

January 1, 2013 January 1, 2014 January 1, 2015 January 1, 2016

$3.05 $3.10 $3.15 $3.15

4.04 Height Time. Employees working on unprotected towers and structures in excess of twenty feet (20') above the surrounding base area will receive height time pay of one and one-half (1-1/2) times their applicable rate for such time as they are performing work. The employee shall receive a minimum of one (1) hour of height time pay per shift on any shift such work is performed. 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.

4.05 Overtime - Non-shift Employees. Overtime hours worked shall be determined and paid as follows:

a. One and a one-half (1-1/2) times the basic straight time hourly rate;

1. For hours worked before or after, but continuous with hours worked on a "regular shift" as outlined in Sections 4.08(a), (b), and (c), Call-In and Extended Hours Pay.

2. For hours worked in excess of eight (8) hours in any one (1) regular workday or for hours worked in excess of forty (40) hours in any regular workweek.

3. For hours worked on the first scheduled day off and all others, except the second.

b. Two (2) times the basic straight time hourly rate;

1. For hours worked in excess of sixteen (16) in any continuous work period.

2. For hours worked on the second scheduled day off.

c. Scheduled Overtime. Overtime will be scheduled for a minimum of four (4) hours and will be paid at the applicable rate only for actual hours worked.

The Company shall notify employees forty-eight (48) hours in advance of any scheduled overtime, unless mutually agreed upon between the Company and the employee.

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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.

4.06 Overtime - Shift Employees. All work in excess of forty (40) hours shall be paid at one and one-half (1-1/2) times the basic straight time hourly rate. When approved by the supervisor, employees must work a minimum of four (4) hours on a shift before compensated absences will be treated as hours worked for the computation of overtime.

a. Call-ins shall be paid at one and one-half (1-1/2) times the basic straight time hourly rate as outlined in Sections 4.08(a), (b), and (c).

b. SDOs 1, 3, 4, and 5 shall be paid at one and one-half (1-1/2) times the basic straight time hourly rate.

c. SDO 2 shall be paid at two (2) times the basic straight time hourly rate.

d. All work in excess of sixteen (16) hours shall be paid at two (2) times the basic straight time hourly rate.

4.07 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.

4.08 Call-In, Extended Hours and Report to Work Pay.

a. An employee called in to work with less than forty-eight (48) hours’ advance notice and 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 rate and any remaining hours not worked shall be paid at the straight time hourly rate.

b. Call-in and extended hours with greater than forty-eight (48) hours’ notice to the employee will be paid at one and one-half (1-1/2) times the basic straight time hourly rate for all hours worked. However, pursuant to Section 4.06(d), it is understood that all hours worked in excess of sixteen (16) will be at the double time (two times) rate.

c. When less than forty-eight (48) hours’ notice is given, and the extended hours worked, before or after an employee's regular shift, exceed two (2) hours, the employee will be paid at the time and one-half (1-1/2) rate for the actual hours worked and straight time for the remaining hours required to meet the four (4) hour guarantee.

d. If required by NOAA, the NOAA operational rotating shift shall not consist of less than three (3) O&M Technicians without resulting in a call-in.

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

f. An employee who works more than four (4) hours of the 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 (a), (c), and (d) of this Section shall not apply where a strike, earthquake, fire, flood, act of God, explosion, or bombing causes damage, which makes it impossible for the employee to resume work, or the employee leaves work on their own accord; in which case, the employee will be paid for the hours actually worked at the applicable rate.

g. If a NOAA operational rotating shift, on day shift, requires an additional O&M technician pursuant to Section 4.08 (d), the Company has the option to assign the dayshift floating O&M technician for up to four (4) hours not to exceed the first shift that created the requirement. If the dayshift floating O&M technician is unavailable, an O&M dayshift technician may be utilized.

h. Call-In Procedure.

1. The Company, at its option, may leave any position vacant for any length of time.

2. The Company may offer to hold over an employee from the previous work shift normally assigned to the position that created the holdover, then to the shift Floating O&M presently working.

3. The Company shall call employees, in seniority order, normally assigned to the position that created the call-in requirement.

4. If the above call-in is not successful, the Company shall call, in seniority order, any qualified employee on the appropriate list.

5. If the above call-in steps are not successful, the Company can reassign qualified employees on the shift requiring the call-in in order to determine the position that creates the call-in. The Company will then revert to this call-in procedure starting at number two (2) to fill the open position.

6. If the above is not successful, the least senior available, qualified employee contacted will be required to fill the vacancy.

7. The Company will provide the Shop…