Att_15_Fort Campbell CBA 2022-2025.pdf

Collective Bargaining Agreement

By and Between

Phoenix Logistics, LLC and

IAMAW LOCAL 2019 & DISTRICT 1888

Fort Campbell, KY

Army TRIOSS Program

1 June 2022 – 31 May 2025

Table of Contents

PREAMBLE

ARTICLE 1. RECOGNITION

ARTICLE 2. NON-DISCRIMINATION

ARTICLE 3. MANAGEMENT RIGHTS

ARTICLE 4. SUBSTANCE ABUSE POLICY

ARTICLE 5. ASSIGNMENT OF SHOP STEWARD

ARTICLE 6. NO STRIKE/NO LOCKOUT CLAUSE

ARTICLE 7. SECURITY

ARTICLE 8. SPECIFIC PERFORMANCE

ARTICLE 9. MISCELLANEOUS PROVISIONS

ARTICLE 10. FILLING OF VACANCIES

ARTICLE 11. UNION ACCESS TO OPERATIONS

ARTICLE 12. SENIORITY

ARTICLE 13. DISCIPLINE

ARTICLE 14. UNION MEMBERSHIP

ARTICLE 15. GRIEVANCE PROCEDURE

ARTICLE 16. ARBITRATION PROCEDURE

ARTICLE 17. HOURS OF WORK

ARTICLE 18. OVERTIME

ARTICLE 19. UNPAID LEAVES OF ABSENCE

ARTICLE 20. HOLIDAYS

ARTICLE 21. VACATION

ARTICLE 22. WAGE RATE SCHEDULE

ARTICLE 23. EMPLOYEE INSURANCE & BENEFITS

ARTICLE 24. TRAVEL

ARTICLE 25. SEPARABILITY AND SAVINGS CLAUSE

ARTICLE 26. SUCCESSORS AND ASSIGNS

ARTICLE 27. NOTICE OF CHANGE OR TERMINATION

PREAMBLE

This Agreement is to set forth, through collective bargaining, herein the entire Agreement of the parties with respect to wages, benefits, hours, and working conditions as relates to the government contract and to provide for an amicable and fair disposition of grievances to maintain harmonious relationships between Phoenix Logistics, LLC and its employees. It is recognized by the Agreement to be the duty of the Company, the Union and the employees to cooperate fully, both individually and collectively, for the advancement of said conditions;

and to provide a grievance procedure for the settlement of the employee's grievances;

and to provide that there shall be no interruptions and/or impeding of operations during the term of this Agreement.

This Agreement is made and entered into effective June 1, 2022 through May 31, 2025 by and between Phoenix Logistics, LLC (herein referred to the "Company") and the International Association of Machinist and Aerospace Workers, Local Lodge 2019 & District 1888, AFL-CIO (herein referred to as the "Union")

ARTICLE 1. RECOGNITION

Section 1. The Company hereby recognizes the Union as the sole and exclusive bargaining representative for the purpose of collective bargaining with respect to wages, hours of work, and other conditions of employment of employees in the bargaining unit as herein defined: employees of Phoenix Logistics, LLC performing work as Instructor/Operators on the U.S. Army TRIOSS Program at Ft. Campbell, KY as defined by the NLRB in case #10-RC-210582, but excluding all office clerical employees, professional employees, managerial employees, guards and supervisors, and all other employees as defined in the Act.

Section 2. The specific terms of this contract shall be the sole source of any rights that may be asserted by the Union against the Company.

ARTICLE 2. NON-DISCRIMINATION

The Company and the Union separately and jointly recognize their obligation to abide by those state and federal laws relating to equal employment opportunity, OSHA, and nondiscrimination.

The Agreement shall be applied fairly and equitably among all bargaining unit employees and shall not in any way be used to discriminate against employees on account of race, color, religious affiliation, sex, sexual orientation, union membership or lack thereof, age, national origin, veteran or disability status. It is understood that wherever in this Agreement employees or jobs are referred to in the male or female gender; it shall be recognized as referring to both male and female employees.

ARTICLE 3. MANAGEMENT RIGHTS

Section 1. Except as modified by a specific provision of this Agreement, the management of the Company, and the direction of the workforce, including but not limited to the service(s) performed, the location of or the direction of the workforce, the schedules and fair standards of employee performance, the schedules and hours of shifts, the methods, processes, and means of providing services, materials to be purchased, the right to hire, promote, demote and , transfer employees, the establishment of reasonable rules of conduct, the discharge or discipline of employees for just cause, and the management of efficiency of employees, are the sole and exclusive rights and responsibilities of the Company.

Section 2. The Union recognizes that the Company is a contractor to the federal government and that the Company is required at all times to fully meet its obligations as a contractor. The Union further recognizes that from time to time the government may impose legal and/or lawful demands or obligations upon the Company and that the Company and its Employees must meet such demands, obligations or comply with such rules or regulations as may be promulgated or imposed by the government. The Union reserves the right to request written documentation of the aforementioned assertion.

Section 3. The Company's failure to exercise any right, prerogative, or function hereby reserved to it shall not be considered a waiver of the Company's right or preclude it from exercising the same in some other way not in conflict with the express provisions of this Agreement.

Section 4. The Company shall not be deemed to have assumed or be bound by any past practice of the predecessor employer.

ARTICLE 4. SUBSTANCE ABUSE POLICY

The Company and the Union are committed to providing employees with a drug-free and alcohol-free workplace. It is the goal of both parties to protect the health and safety of employees, and to promote a productive workplace, as well as to protect the reputation of the Company, the Union, and the employees. Consistent with these goals, the Company prohibits the use, possession, distribution, or sale of drugs, drug paraphernalia, or alcohol on Company premises and all locations of work.

The Company also prohibits an employee from being under the influence of illegal or impairing drugs or alcohol while at work. Bargaining unit employees will continue to be subject to drug and alcohol testing under the Company's substance abuse policy. The Company agrees that any such testing will be conducted in compliance with applicable federal or state regulations. All drug and alcohol testing will be at the expense of the Company.

ARTICLE 5. ASSIGNMENT OF SHOP STEWARD

Section 1. It is hereby understood and agreed that the Union may assign up to one (1) Shop Steward, and one (1) alternate Steward, to represent bargaining unit employees. The Union shall notify the Company in writing on Union letterhead of the individuals so selected in this capacity.

Section 2. It is agreed that Shop Stewards have full-time job duties to perform as employees and that they shall keep time spent in handling grievances to a minimum.

Section 3. A Shop Steward shall not leave the job to handle a grievance unless they have received permission from their Program Manager. When the Steward makes the effort to comply herein, permission to leave the job to handle such grievance shall not be unreasonably withheld.

ARTICLE 6. NO STRIKE/NO LOCKOUT CLAUSE

Section 1. The Union agrees that neither it nor any of the employees in the bargaining unit covered by this Agreement will collectively or individually engage in or participate in any strike (including sympathy or secondary strikes), slowdown, stoppage of work or picketing during the term of this Agreement, and the Company agrees that during the term of this Agreement it will not lock or deny work for any of the employees covered by the Agreement.

Section 2. In the event of any violation of Section 1 of this Article, it shall be the duty and obligation of the Union, its officers, agents, or representatives (employee or non-employee) to immediately take all reasonable steps required to bring an end to such misconduct. In taking such steps, the Union will not be liable to the Company during the term of the Agreement or thereafter for any damages suffered by the Company arising from or out of any such stoppage or strike.

Section 3. If reasonable steps attempted in Section 2 do not return the striking employees to work, then the employees will be subject to disciplinary actions, up to and including termination.

Disciplinary actions toward employees due to strike participation shall not be subject to the grievance process.

ARTICLE 7. SECURITY

Section 1. The Union recognizes that the Company may now have, or may incur in the future, obligations with respect to the security of information and materials under contract with the Government.

Section 2. The Union agrees that nothing contained in this Agreement shall place the Company in violation of security Agreements with the Government.

Section 3. It is understood by and between the parties hereto that, as a necessary condition of continued employment, employees shall be subject to investigation and must meet eligibility requirements for security clearance or national agency check and/or unescorted entry authorization under regulations prescribed by the Department of Defense, or other agencies of the United States Government on governmental work. Denial or withdrawal of such clearance and/or unescorted entry authorization by such governmental agency shall be cause for discharge from the Company due to inability to meet job requirements. All security clearance and background checks will be at the expense of the Company.

Section 4. It is understood that there shall be no liability on the part of the Company for any release growing out of the denial or withdrawal of clearance and/or unescorted entry authorization by the United States Government and such release is not subject to the grievance and arbitration process.

Section 5. The Company shall reinstate the seniority of an employee who was denied security clearance if reinstated by the Federal Government, or one of its entities. An employee not on initial probation who loses their security clearance or unescorted entry authorization for any reason will not lose their seniority until final adjudication of their appeal or twelve (12) months, whichever comes first. Any employee whose seniority is reinstated under this provision will be reinstated into their previously held classification provided that they have the accrued seniority necessary to displace the newest hired employee.

ARTICLE 8. SPECIFIC PERFORMANCE

Section 1. This Agreement expresses the complete understanding of the parties on the subject of wages, hours of labor, and conditions of employment. The Union and the Company, for the life of this Agreement, each voluntarily and unqualifiedly waives the right each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to in this Agreement, or with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiate or sign this Agreement.

Section 2. Specific Performance. Either party hereto shall be entitled to specific performance of the provisions of this Agreement.

There shall be no individual arrangements or agreement made covering any part or all of this Agreement contrary to the terms herein provided, and it is distinctly understood and agreed that all previous agreements, whether oral or written, by and between the Company and the Union are superseded by this Agreement, and subject to any amendment that is agreed upon by both parties.

ARTICLE 9. MISCELLANEOUS PROVISIONS

Section 1. Safety. The Company and the Union recognize the importance of safety in the workplace. Employees will be required to comply with all safety rules, and failure to do so will result in discipline up to and including discharge. The Company agrees to request from the customer any repairs or changes to the workplace if they are not in compliance with applicable safety standards.

The Union shall have the right to meet and confer with the Company regarding these matters.

Section 2. Change of Address. Employees are responsible for notifying the Company of their proper mailing address and current telephone number. Laid off employees are also responsible for notifying the Company of their proper mailing address and current telephone number to maintain recall rights.

The Company shall be entitled to rely upon its records and shall be held harmless for any action that may arise out of said reliance.

Section 3. Bulletin Board. Subject to approval of the Customer, the Company will provide bulletin board space on a standard bulletin board, located in the Company's facility. The bulletin board space may be used by the Union solely for the purpose of conveying official information from the Union to bargaining unit employees. All information to be posted is subject to advance approval by the Program Manager or their designee for compliance with the standards set forth in this Article.

Such approval shall be granted or denied within two (2) business days which, for the purposes of this Article, will exclude weekends and holidays and shall be confirmed by written initials of the Program Manager or their designee on the face of the document posted. Denials may be elevated to the Labor Relations office.

Section 4. Safety Equipment. The Company will provide to the bargaining unit employees such personal protection equipment that the Company requires to be worn. The Company will reimburse the Employee up to one hundred ($100) dollars for the purchase of safety shoes or boots, provided that they meet the safety requirements as outlined by Company (and are required), each calendar year if they are worn to the extent that they need replaced. Employees must submit a receipt before any reimbursement will be made.

Section 5. Training. Employees will comply with the Company's training and certification program.

This includes the requirement that all employees comply with and maintain all of the certifications and training experience required under the applicable PWS. Employees also must maintain all licenses and certifications and stay up to date on all continuing education requirements. Failure to do so shall be cause for discipline and/or render the employee unqualified for their position. Upon prior approval by the Program Manager, the Company will reimburse employees for the cost of attending training and certification programs if: a) the certification is a requirement of the job, and

b) the employee successfully completes the program. Notwithstanding the foregoing, this Section does not apply, and the Company shall have no obligation, to reimburse for travel, accommodations or meals, or reimburse any employee for an initial paramedic certification (e.g., if the Company's paramedic resigns, the Company shall have no obligation to reimburse a bargaining unit employee for a paramedic certification)

Section 6. Bargaining Unit Work: Non-bargaining unit employees in job classifications not covered by this Agreement shall not normally perform work typically performed by employees in the bargaining unit, except in cases of emergency, research work, audit, experimental or work of a special mechanical nature (e.g., installation of modifications, when necessary), training of Phoenix Logistics LLC employees from other locations, to instruct employees properly or to maintain proficiency. If bargaining unit employees are qualified to perform the above stated tasks, then bargaining unit employees shall be used to the greatest extent possible. The term "emergency" is defined to mean an unforeseen circumstance of a serious nature. This Article shall not be construed to prevent employee positions outside the bargaining unit from performing work normally accomplished within those regular duties as historically performed.

ARTICLE 10. FILLING OF VACANCIES

Section 1. The Company will notify the bargaining unit employees of any openings to be filled by posting such openings at least five (5) days prior to filling such vacancies unless the open position is not considered to be a promotion within the unit. The posting shall be posted on the Company’s website.

Section 2. The Company shall transfer employees to any open positions from within the bargaining unit if, in the sole discretion of the Company, the employees have the skill and ability necessary to do the work. If two (2) or more employees are eligible, and express an interest, seniority will only be considered if qualifications and performance are equal. Disciplinary actions will be considered in the promotion process of any employee. Employees are entitled to review any of their own information used in this decision-making process.

Section 3. When new bargaining unit jobs are required that cannot be properly encompassed with an existing job classification, the Company will notify the Union of the requirements and the proposed rate of pay. The Union shall have fifteen (15) business days, from the date of notice by the Company, in which to negotiate a rate of pay. If necessary, this matter is subject to the grievance procedure up to and including arbitration. In such a case the arbitrator will be limited to determining whether the Company's last, best and final offer is reasonable.

Section 4. The Company has the right to determine new job classifications. Copies of new or revised job descriptions and required certifications shall be made available to the employees upon request. The Union shall be advised, in writing, of any revisions or modifications of job descriptions or qualifications.

Section 5. The Company may temporarily upgrade an employee to a higher paid classification. If the employee is assigned and works in a higher paid position, the employee shall receive the rate authorized for the classification of work that they are performing for the period in which they perform it.

Section 6. Upgraded employees will be considered on probation in the new position for ninety (90) days after the upgrading. During this period, the Company may, at its discretion, reclassify the employees to their former occupation if it is determined by the Program Manager, or their designee, that the employee is not meeting the qualifications for that job classification.

ARTICLE 11. UNION ACCESS TO OPERATIONS

Section 1. The Company agrees that the International Representative, Business Representative, or acting Business Representative (hereinafter referred to as the Union Representative) will be allowed to visit employees while they are on the job in the Company's operations for the sole purpose of investigating specific grievances or complaints related to the provisions of this Agreement or ensuring the terms of conditions of the Agreement are being complied with. Prior approval must be obtained from the Program Manager, or their designee, and such visits shall not interfere with production of work being performed.

Such approval shall not be unreasonably withheld. The Union Representative shall notify the Program Manager, or their designee, when they are leaving the Company's operations.

Section 2. The Company, if it desires, may have a Company representative accompany the Business Representative while they are visiting its operations recognizing that the Union Representative is entitled to private conferences with any represented employee.

ARTICLE 12. SENIORITY

Section 1. Probationary Period. New employees shall be on probation for ninety (90) calendar days from the initial hire date during which time they may be discharged at the sole discretion of the Company. If retained after the probationary period, their names shall be placed on the Seniority List as of their date of hire. Employees hired on or after the date of contract ratification will establish their seniority from the date of hire at the facility.

When two (2) or more employees are hired on the same day, the last four digits of their Social Security number shall be used for purposes of lay-off, recall and promotion (i.e., if two employees have the same seniority date, the employee that has the lowest number shall be considered to be the most senior of the employees hired on that same day).

Section 2. Definitions. Seniority is defined as including the continuous service with the Company, and with predecessor contractors, in the performance of similar work at the same federal facility.

Employees hired on or after the date of contract ratification will establish their seniority from date of hire at the facility. Seniority will not be broken for:

a) Periods of approved absence with leave.

b) Periods of layoff due to lack of work less than twelve (12) consecutive months.

c) Periods of absence due to workers compensation injury or illness less than twelve (12) consecutive months.

Section 3. Loss of Seniority. An employee covered by this Agreement shall lose their seniority status and their name shall be removed from the seniority list under any of the following conditions if they:

a) Quits or resigns.

b) Is discharged for just cause.

c) Fails to return from an approved leave of absence within the prescribed time frame.

d) Is barred by the customer's written order.

e) Has their security clearance revoked and not reinstated within twelve (12) consecutive months.

f) Refuses recall.

g) Abandons their job (No call and no show for three (3) consecutive workdays or more.

Section 4. Seniority List. A seniority list will be maintained by the Company and will be made available to the Union annually. The Company will also furnish a list to the Union reflecting new hires or rehires, their classification, their date of hire, and termination or layoff dates.

Employees transferring from other sites within the Company retain their original seniority date for benefit and vacation purposes only.

Section 5. Personnel Actions. Seniority will not be used as a factor in personnel actions;

provided, however, that seniority will be considered by the Company in making layoff, recall and promotion decisions depending on the requirements of the Company's contract with the Government; and if all others, including but not limited to qualifications, performance evaluations, skills, and ability are equal.

Section 6. Lay-off. When it becomes necessary to reduce the number of employees the Company shall lay off employees by classification within their workgroup and in accordance with their seniority provided that the remaining employees have the skills, ability, and experience necessary to fulfill the Company's support obligations.

The Company shall notify the Union and affected employees as soon as the facts are known to the Company of the upcoming layoffs, but not less than two (2) weeks' notice or two (2) weeks' pay in lieu thereof.

Section 7. Recall. Employees shall be recalled in reverse order of layoff. The Company shall send recall notices by certified mail, return receipt requested (or other trackable delivery such as FedEx) to the employee's last known official address. The notice will instruct laid off employees when to report to work. Employees shall report to work within fifteen (15) working days after receipt of notice to report to work or on the specified day, whichever is greater in time. If the employee does not report to work within the fifteen (15) working days or specified date, the employee will be deemed to have abandoned their job and will be removed from the seniority list. The Company agrees that an employee may request a later return to work date for extenuating circumstances acceptable to the Company.

Section 8. Transfers. An employee who is transferring into the bargaining unit from another Program or Company site shall establish a new seniority date, which is the date the transfer is effective. Employees transferring in from another Company site shall retain their original benefit date.

ARTICLE 13. DISCIPLINE

Section 1. Disciplinary action shall only be initiated by the Company for just cause, and any penalty imposed will be consistent with proven offenses, and the principle of progressive discipline shall be adhered to, as set forth below.

Section 2. There shall be a twelve (12) month reckoning period for oral and written reprimand discipline after which the offense will not be used to progress to the next step of discipline in the event of further offenses. Suspensions will utilize a twenty-four (24) month reckoning period.

Section 3. For infractions of Company rules such as, but not limited to, absenteeism, tardiness and poor work performance, a four-step procedure will be followed of oral reprimand, written reprimand, suspension, and finally termination. However, at the final step of the procedure the Company may elect to enforce another suspension rather than discharge, without prejudice to any other incident.

Section 4. Employee(s) shall have the right to Union representation during any interview that may be disciplinary in nature or lead to any discipline. The Steward shall be notified and the Union shall be given the opportunity to attend such interviews for all disciplines except verbal disciplines, provided that if desired, the employee may request the Steward's presence for interviews that may lead to a verbal warning.

Section 5. Notwithstanding the foregoing, the Company retains the right to forego progressive discipline and impose stricter discipline up to immediate termination for cases of egregious misconduct such as, but not limited to, fighting or other physical violence, theft, being under the influence of alcohol or unlawful drugs, or proven instances of unlawful harassment (such as sexual or racial harassment).

ARTICLE 14. UNION MEMBERSHIP

Section 1. 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 ratification date of this Agreement, shall remain members in good standing and those who are not members on the ratification date, whichever is later, shall on the ninetieth (90th) day following the effective or execution date of this Agreement, whichever is later, become and remain members in good standing in the Union or pay a service fee to the Union (but not both dues and service fee). The service fee is equal to the regular monthly dues of the Local Lodge. It shall also be a condition of employment that all employees covered by this Agreement and hired on or after its ratification date, whichever is later, shall on the ninetieth (90th) day following the beginning of each employment, become and remain members in good standing in the Union or pay a service fee (but not both dues and service fee). The service fee shall be equal to the regular monthly dues of the Local Lodge.

Section 2. Dues/Fees Deduction. The Company will deduct an amount equivalent to Union monthly membership dues, initiation fees, and reinstatement fees from the wages of employees provided the employees have executed a written authorization provided by the Union. The Union accepts the Company shall disregard all responsibility for the authenticity of each authorization and any authorizations which are incomplete or in error. Authorizations that are incomplete or in error will be returned to the Union immediately for correction. The Union is responsible for full compliance with all laws/regulations pertaining to dues deduction and shall indemnify and hold the Company harmless against any claims, demands, lawsuits, or other forms of liability that may arise out of or by reason of action taken by the Company in making payroll deductions as herein provided. Union dues will be taken out of the first two paychecks of each month.

Section 3. The Company agrees to remit such deductions to the designated financial officer of the Union no later than the tenth (10th) day of the month following the month in which deductions are made. In the event of unforeseen circumstances, the Company may be granted an extension upon request being submitted.

ARTICLE 15. GRIEVANCE PROCEDURE

Section 1. "Grievances" 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. Both parties agree to use their best efforts, including informal meetings involving management, supervision, the Shop Steward, and the grievant, to resolve matters without resorting to the grievance procedure except that any such meetings shall not extend the time limits set forth in this Article. In the event such informal methods do not resolve the grievance, all grievances shall be reduced to writing and processed in accordance with the following steps:

Section 2. All grievances beyond Step 1 below involving employee claims shall be in writing on the grievance form provided by the Union and shall be signed by all employees claiming rights there under. In an effort to adjust employee grievances by mutual agreement, they shall be presented in the following order and within the following time limits:

Step 1: The employee(s), with or without their Shop Steward, shall promptly bring a grievance to their Program Manager within five (5) working days following the event, or discovery of the event, giving rise to the grievance. In the event an employee is unavoidably absent due to illness or injury, or unavailable due to vacation or other approved reasons, the employee's shop steward may bring the grievance to the Program Manager. The Program Manager shall have five (5) working days from the grievance meeting to give an oral reply. If the grievance is not satisfactorily settled after the Step 1 reply, then:

Step 2: Within ten (10) working days following the reply to Step 1, or if no reply is given, within ten

(10) working days after having brought the grievance to the Program Manager, a written grievance containing the specific Article(s) and Section(s) which is/are claimed to be violated and the remedy requested must be signed by the employee Shop Steward and submitted by the Shop Steward and taken up with the Company's Senior Labor Relations Representative, or their designee. A formal grievance meeting shall be scheduled within five (5) subsequent working days after the written grievance is submitted to the Company's Senior Labor Relations Representative or designee. The meeting may be held via telephone and/or other electronic means. The Company shall give its written reply within ten (10) working days after the formal grievance meeting is held. If the grievance is not satisfactory settled after the Step 2 reply, then:

Step 3: Within ten (10) working days of the Step 2 reply, the grievance may be moved to Step 3 by written appeal to the Company's Senior Labor Relations Representative or designee. The Company's Senior Labor Relations Representative, or designee, and the Business Representative of the Union shall meet within ten (10) working days after receipt of the grievance. The meeting may be held via telephone and/or other electronic means. A written reply from the Company's Senior Labor Relations Representative will be given to the Union within ten (10) working days after the meeting. If the grievance is not satisfactorily settled within ten (10) working days from the Step 3 reply, either party may submit the grievance or dispute to arbitration as provided in Article 16, "Arbitration Procedure".

Section 3. A final decision made with respect to any grievance in the first or second step shall apply to that grievance only and shall not become a binding precedent in the case of other grievances, nor a precedent which shall bind the parties as an interpretation of the Agreement. All settlements must be consistent with the terms and conditions of the Agreement.

Section 4. Any aggrieved employee and Union Business Representative shall have the right to be present at the stage of the grievance procedure in which the grievance is being considered. No employee may leave the job, take up or handle a complaint or grievance without requesting permission from the Program Manager. Such permission will be granted provided it does not adversely interfere with business operations or create a hazardous condition. If permission cannot be granted, time limits will be waived until permission is granted. Witnesses called by either party may attend the grievance meeting at any step, subject to the same provisions outlined above.

No employee shall be discharged or otherwise disciplined without just cause. In all cases of discharge or unpaid suspension, the Shop Steward or their designee shall be present during the proceedings, unless otherwise requested by the employee due to an extreme personal circumstance.

Section 5. The Union or its authorized representative shall have the right to examine time sheets and other records pertaining to the computation of compensation of any bargaining unit employee(s) whose pay is in dispute or other records pertaining to a specific grievance. Compensation will be paid for reasonable time spent discussing or investigating grievances during normal work schedules.

Section 6. It is understood that the time limits specified herein may be extended only by mutual written agreement of the parties hereto.

Section 7. Nothing in this Article precludes the Union from filing a general grievance on behalf of an employee or employees in the event of unusual or unforeseen circumstances.

Section 8. The Company shall have the right to file grievances alleging violations by the Union or employees of this Agreement. Such grievances shall be filed with the Business Representative and shall be resolved in accordance with Step 3 above, i.e., the Business Representative shall have ten

(10) working days in which to answer the grievance in writing.

ARTICLE 16. ARBITRATION PROCEDURE

Section 1. The party choosing to arbitrate shall give written notice to the other party setting forth the matter to be arbitrated. If said notice is not served within a thirty (30) working day period following the Step 3 decision of Article 15, Grievance Procedure, it shall be deemed that the grievance has been satisfactorily adjusted and the right to arbitrate waived.

Section 2. In the event the Union or the Company submits a grievance to arbitration, the party appealing the grievance to arbitration shall, within ten (10) working days of said appeal, request the Federal Mediation and Conciliation Services to furnish a panel of seven (7) arbitrators for the purpose of selecting an arbitrator. The moving party in this instance strikes first; the other party shall then strike a name. This procedure shall continue alternately until one (1) name remains. The Company and the Union may agree upon an arbitrator to hear any case before or after submitting to the FMCS for a panel.

Section 3. The decision of the arbitrator shall be final and binding on all parties. However, the arbitrator shall not have jurisdiction or authority to add to, subtract from, modify or in any way change the provisions of this Agreement. Nor shall the arbitrator have the authority to engage in any form of interest arbitration. The expenses and fees of the arbitrator will be borne equally by both parties.

The cost of any additional services requested by either party shall be borne by the requesting party.

Section 4. The arbitrator shall render a signed decision and copies of the award shall be delivered or mailed to each of the parties. There shall be no appeal from the arbitrator's decision, which shall be final and binding on the Union and its members, the employee or employees involved covered by this Agreement, and the Company.

Section 5. Any grievance not scheduled for arbitration as provided in this Article within six (6) months of the date of the alleged contract violation shall be waived. The time limits set forth in this Article may be extended only by mutual written agreement of the parties.

ARTICLE 17. HOURS OF WORK

Section 1. An employee's regular. assigned workweek shall begin at 12:00 AM Sunday and end at 11:59 PM the following Saturday and consist of the following, provided that nothing in this Agreement shall be construed as a guarantee of hours of work or pay for any period:

• Forty (40) hours consisting of five (5) nine (9) hour days, which includes a one (1) hour unpaid meal period. The unpaid meal period will be taken as work permits.

• "Flexed" or other schedules as agreed to by the Company and employee.

• Other schedules as dictated by customer requirements. In the event of customer requirements, the Company shall notify the Union as soon as the facts of such need are known.

Section 2. If no regular work is available, the Company will give the employees the option to do any available work for which they are qualified or take time off. The employees affected shall have the option to perform the available work, use vacation or take time off without pay.

Section 3. An employee who is scheduled and reports for work at the scheduled time without having been notified not to so report shall be given four (4) hours work of any type which is available; if no such work is available, they shall be given four (4) hours' pay at the applicable rate.

Section 4. An employee who is called and reports back for work after they have completed their regularly assigned shift and departed from the premises shall receive a minimum of four (4) hours pay at the applicable rate.

Section 5. When an employee is not scheduled and is called and reports for work, outside their scheduled workweek, they shall receive a minimum of four (4) hours pay at the applicable rate.

Section 6. If access to the work site is restricted to "essential personnel" due to severe weather, natural disaster or base closure for any reason, at the discretion of the Company, employees either will be compensated for their regular scheduled work time when such compensation is authorized by the customer or given the opportunity to make up the lost time during the same workweek if the work is considered mission essential. It is understood and agreed that the foregoing sentence only applies when employees are prohibited by the government from entering the base. This section also does not apply to instances involving the release of military members for events such as Command-designated Family Days.

ARTICLE 18. OVERTIME

Section 1. Overtime will be paid for all authorized work in excess of forty (40) hours in a work week at one and one-half (1.5) times the employee's base hourly rate. Overtime can be authorized only by the Program Manager.

Section 2. There shall be no duplication or pyramiding of overtime payments.

Section 3. Available overtime shall be rotated among qualified volunteers in order of their seniority.

If no volunteers are available to work the necessary overtime, assignment shall be made by reverse seniority order.

ARTICLE 19. UNPAID LEAVES OF ABSENCE

Section 1. Subject to approval, for all categories of unpaid leaves of absence, other than furlough, an employee must submit a written request to the Program Manager no less than two weeks in advance.

The request will stipulate the reason for the unpaid leave, and a specific period of time when the leave will commence and end. Employees will be required to exhaust all accrued vacation time before being placed on an unpaid leave status. All requests for unpaid leaves of absence will be reviewed by Human Resources. Unpaid leaves of absence requests must be approved by the Program Manager and Human Resources prior to the commencement of the leave.

All accrued sick and vacation leave must be exhausted before an employee shall be granted an unpaid medical leave of absence. Any vacation or sick leave accruing to an employee's account during the period of the leave cannot be used until the employee returns to work in a paid work status.

Military leave policy is intended to duplicate applicable federal laws providing rights and benefits to employees who are absent from the workplace to perform service in the uniformed services.

A furlough is an involuntary leave of absence required by the company when temporary disruptions require a limited, short-term cessation of work activity. A furlough shall not exceed thirty

(30) consecutive calendar days in duration. If an employee cannot be restored to an active work status by the end of the thirtieth day on furlough, the employee shall be laid off.

Section 2. Benefit Date Adjustment. An employee who takes a personal leave of absence shall have their benefit date adjusted to subtract the number of workdays that they are absent, except for leaves resulting from occupational illness or injury.

Section 3. Failure to Return from a Leave of Absence. Failure to return from a leave of absence on the first scheduled workday following the expiration date of said leave, will result in termination of the employee, except in extenuating circumstances involving reasons acceptable to the Company in its sole discretion.

Section 4. Union Business: Bargaining unit employees that are required to travel for official Union business or attend official Union functions shall be granted a leave of absence for performing such business. While on such leave, employees shall not lose any benefit of seniority. No more than one (1) Bargaining Unit employee shall be on the Union leave of absence at one time, provided addit ional absences does not impede the Company’s abil ity to meet customer requirements. Such leave shall not be longer than thirty (30) calendar days in any calendar year.

Employees shall submit such requests for leave accompanied by official Union communication authorizing them to travel or act in such capacity. These requests will normally be made at least fourteen (14) calendar days in advance of such requirement.

ARTICLE 20. HOLIDAYS

Section 1. The following eleven (11) holidays will be provided for full time employees:

• New Year's Day

• President's Day

• Independence Day

• Columbus Day

• Martin Luther King's Birthday

• Memorial Day

• Juneteenth

• Labor Day

• Veteran's Day

• Thanksgiving Day

• Christmas Day

Section 2. Any holiday falling on a Saturday or Sunday will be observed on the day set by the Federal Government.

Section 3. Regular full-time holiday pay is eight (8) hours of base pay.

Section 4. In addition to the holidays listed above, the Company will observe any holidays declared as a legal federal holiday by Congress or the President, when authorized by the customer. This provision does not apply to instances involving the release of military members for events such as Command- designated Family Days.

Section 5. In the event that training is conducted on one of the aforementioned days, those holiday hours will be rescheduled to a day that is mutually agreeable to both parties. Any employee required to work on a holiday will be paid at 1.5 times their hourly rate.

Section 6. Employees may be allowed to float the Columbus and Veteran Day Holidays. The rescheduling of these holidays will be done on an individual basis to accommodate both employees and operational support needs. The Company maintains the sole discretion in approving the floating holiday schedule.

Section 7. Part-time employees shall receive holiday pay proportionate to the number of hours worked.

ARTICLE 21. VACATION

Section 1. Annual Accrual Rates - Earned paid vacation hours shall be credited to the employee's account as accrued upon completion of each standard workweek. Paid vacation accrual will follow the schedule below:

• Up to Four Years of Service--During the first forty-eight (48) months (4 years) of continuous employment, regular full-time employees will accrue 1.54 hours of paid vacation after the completion of each standard full-time work week to a total annual rate of ten (10) days.

• After Four Years up to Fourteen Years of Service--During, the interval between forty- eight (48) months (4 years) and one-hundred and sixty- eight months (168) of continuous employment, regular full-time employees will accrue 2.31 hours of paid vacation after the completion of each standard full-time workweek to a total annual rate of fifteen (15) days.

• After Fourteen Years of Service--After completion of one-hundred and sixty-eight (168) months of continuous employment, regular full-time employees will accrue 3.08 hours of paid vacation after the completion of each standard full-time workweek to a total annual rate of twenty

(20) days.

Section 2. An employee's accrued, unused paid vacation balance cannot exceed two (2) times the annual accrual rate. Once this limit is met the employee shall not accrue further paid vacation until the employee has used some of their accrued vacation, thereby causing the employee's accrued vacation balance to fall below the maximum annual accrual rate. Upon termination of employment, an employee will be paid for all accrued (unused) vacation time at the employee's base hourly rate, as defined in Article 22, Section 1.

ARTICLE 22. WAGE RATE SCHEDULE

Section 1. The hourly base rate of the bargaining unit employees will become effective on or following the first full pay period following the date listed in the table below.

Current 8/1/2022 8/1/2023 8/1/2024 Instructor/Operator $25.51 $27.04 $27.85 $28.41 Instructor/Operator – Paramedic $26.01 $27.57 $28.40 $28.97 Instructor/Operator – Team Lead $26.82 $28.43 $29.28 $29.87

Section 2. A lead is defined as an employee who is required to assist the Program Manager with administrative tasks and serves as the Company representative for direct coordination with the Site Quality Assurance Representative (QAR), Course Coordinator (CC), and Medical Director.

Management shall determine the lead or leads, and the designation of lead status or the removal of such is at its discretion. The Lead shall not have the authority to hire, fire, issue discipline, grant time or perform similar functions of a Program Manager.

Section 3. The Company reserves the right in its sole discretion to place employees in the Instructor/Operator-Paramedic classification and has no obligation to place more than one paramedic in that classification.

ARTICLE 23. EMPLOYEE INSURANCE & BENEFITS

Section 1. Full-time employees will be offered the following current package of benefits (in which the cost is shared by the employee and the Company in some cases). In those cases where the Company pays any portion of the benefits listed below by bullet point, the Company-paid portion is deducted from the health and welfare allowance listed below, with any residual amount paid to the employee on a one pay period lag basis:

• Flexible Spending Account and Health Savings Account (where applicable)

• Basic Life Insurance and Basic Accidental Death & Dismemberment (AD&D) Insurance

• Employee Supplemental Life Insurance

• Dependent Life Insurance

• Long Term Disability Insurance

• Short Term Disability Insurance

• Medical/Dental/Vision Insurance

• Retirement Benefit Plan as outlined in Section 3

• Business Travel Accident Insurance

• Education Assistance Program as outlined in the Company's Handbook

• Employee Assistance Program

• Sick Leave in accordance with Section 2

• Other paid leaves as outlined in Sections 4, 5 and 6

The benefits levels available are described in the respective plan documents and annual enrollment materials. As these plans are provided by outside vendors and/or are Companywide plans, the Company may find it necessary or desirable to amend, revise, or replace some or all of the plans during the life of this Agreement. The Company may elect to amend the standard companywide plans each year and such amendments will apply to employees covered by this Agreement.

Effective the first full pay period following August 1 of each year, the following health and welfare allowances will be made. The health and welfare allowance shall be made on all hours paid up to forty

(40) hours in a workweek.

Current 8/1/2022 8/1/2023 8/1/2024

$5.70 $6.04 $6.22 $6.35

Section 2. Regular full-time employees will accrue 1.231 hours of sick leave weekly to total an annual rate of sixty-four (64) hours. Employees may accumulate up to one hundred sixty (160) hours of sick leave. Accrued (unused) sick leave will not be paid out upon termination of employment from the Company.

Section 3. 401(k)-- Employees will be able to participate in the Company 401(K) retirement plan.

T he Company will match each 1% the employee contributes into their retirement account with a 0.5% contribution; this match will be deducted from each employee's health and welfare allowance. The Company's total contribution amount will not exceed 3%. Effective 1/1/2023, the Company will match each 1% the employee contributes into their retirement account with a 1% contribution; this match will be deducted from each employee's health and welfare allowance.

The Company's total contribution amount will not exceed 5%. The actual plan document as may be amended from time-to-time in the Company's discretion and shall govern an employee's right to participate in and receive benefits.

Section 4. Jury Duty- Full time employees shall be excused from work and paid the difference between their base hourly rate of pay and jury duty pay for all regularly scheduled hours missed due to the required jury duty.

A full-time employee who was subpoenaed as a witness to a civil or criminal court action (but not appearing as a party to the action) is eligible for compensation for scheduled work time necessarily missed to appear to give such testimony in a civil or criminal court action. The employee must make a good faith effort to limit the amount of scheduled working time missed by attempting to have their testimony scheduled during non-working time and, to the extent practical, to be placed on an on-call status to testify. Eligibility for this pay is conditioned upon the employee giving the Program Manager a copy of the subpoena the first working day after the employee is served.

Section 5. Bereavement - All employees who wish to take time off due to the death of an immediate family member should notify their supervisor immediately. Up to 3 days of paid bereavement leave will be provided for in state funeral services and 5 days to attend out of state funeral services.