Att 8 CBA IAMAW PAX Tyonek.pdf

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

TYONEK WORLD WIDE SERVICES, INC.

and

INTERNATIONAL ASSOCIATION OF MACHINISTS and

AEROSPACE WORKERS, AFL-CIO,

DISTRICT LODGE 4, LOCAL LODGE 4

at

Patuxent River Naval Air Station

Patuxent River, Maryland

EFFECTIVE

September 1, 2019 through August 31, 2022

TABLE OF CONTENTS

ARTICLE I

Section 1- General Provisions

Section 2 - Recognition and Exclusive Representation …………………………………………...3

Section 3 - Period of Agreement and Ratification

Section 4 – Separability

Section 5 - Security Regulations …………………………………………………………………..4

Section 6 – Nondiscrimination

Section 7- Union shop and check off ……………………………………………………………...5

Section 8 – No Strike – No Lock Out

ARTICLE II

Management Rights

ARTICLE III ……………………………………………………………………………………...9

Section 1 – Union Stewards

Section 2 – Business Representatives and Union Officials

Section 3 - Bulletin Boards and Posting Notices ………………………………………………...12

Section 4 - Information provided to and/or by Union……………………………………………12

Section 5 - Official Union business ……………. ……………………………………………….12

ARTICLE IV

Section 1-Definition of Grievance

Section 2 – Grievance Procedure

Section 3 – Arbitration

ARTICLE V ……………………………………………………………………………………...16

Section 1 – Basis of Senirotity and Establishment of Seniroity Rights

Section 2 – Promotions, Layoffs and Recall

Section 3 – Loss of Senirotity

Section 4 – Assignment of Premiums

Section 5 – Shift Preference

ARTICLE VI …………………………………………………………………………………….19

Section 1 – Working Conditions

Section 2 – New Technology

ARTICLE VII ……………………………………………………………………………………22

Section 1 - Vacations

Section 2 – Military Reserve Training Leave

Section 3 - Bereavement

Section 4 - Leaves without Pay ………………………………………………………………….25

Section 5 - Holidays ………………………………………………………………………………25

Section 6 - Lunch Periods ………………………………………………………………………...26

Section 7 - Jury Duty ……………………………………………………………………………..26

Section 8 - Uniforms ……………………………………………………………………………..27

Section 9 - Safety Shoe Allowance ………………………………………………………………28

Section 10 - Costs of Examinations Related to Employment ……………………………………28

Section 11 - Employee Benefits ………………………………………………………………….28

Section 12 - Temporary Duty Assignments (TDY) ……………………………………………...28

Section 13 - Tool Insurance ………………………………………………………………………29

Section 14 - Closures and Weather Status ………………………………………………………..29

ARTICLE VIII …………………………………………………………………………………...31

Section 1 - Wages ………………………………………………………………………………..31

Section 2 - Overtime ……………………………………………………………………………..31

Section 3 - Hours and Days of Work …………………………………………………………….31

Section 4 - Pay Period ……………………………………………………………………………32

Section 5 - Promotional Increases ………………………………………………………………..32

Section 6 - Temporary Promotions ……………………………………………………………….32

Section 7 - Effective Date of Economic Improvements ………………………………………….32

Section 8 - Premiums ……………………………………………………………………………..32

Section 9 - Ordnance Pay Differential ……………………………………………………………33

Section 10 - Report Time …………………………………………………………………………33

Section 11 - Shift Differential …………………………………………………………………….33

Section 12 - Compressed Work Schedule ………………………………………………………..34

Section 13 - Alternate Work Week Schedule …………………………………………………….34

Section 14 - Tardy at the Gate ……………………………………………………………………35

ARTICLE IX ……………………………………………………………………………………..36

Section 1 - Application of Job Descriptions …………………………………………………… 36

Signature Page ……………………………………………………………………………………37

Appendix A - Classifications and Rates of Pay …………………………………………………..38

Appendix B - Benefits Plans ……………………………………………………………………...39

Section 1 - Employee Benefit Plan ………………………………………………………………39

Section 2 - Tyonek Savings Plan …………………………………………………………………41

Section 3 - I.A.M. National Pension Plan ………………………………………………………...41

Section 4 - Tuition Reimbursement ………………………………………………………………42

Section 5 - Temporary Alternate Work …………………………………………………………..42

PURPOSE OF AGREEMENT

This Agreement, entered into by and between Tyonek Worldwide Services Inc. (hereinafter called "the Company), and the International Association of Machinists and Aerospace Workers, AFL-CIO, District Lodge No. 4, Local Lodge No. 4 (hereinafter called "The Union"), evidences the desire of the parties here to promote and maintain harmonious relations between the

Company and its employees, as they are defined in Article 1, Section 2, of this Agreement, and the Union as their Representatives.

The purpose of this Agreement is to provide for wages, benefits, terms and conditions of employment for employees in the bargaining unit, and to ensure industrial peace. To this end, it is recognized that there must be mutual understanding, harmony and cooperation among employees and between employees and the Company, and the Union and the Company; that operations must be uninterrupted and duties faithfully performed in order for the Company and its employees to fulfill their mutual and vital responsibilities to both the public and to the

Government; and that the business of the Company must be operated with economy and efficiency with due regard to competitive conditions. 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.

It is agreed that the parties desire to enter into this Agreement to establish wages, hours, and working conditions and to provide for the peaceful settlement of disputes and grievances that may arise affecting the employees covered hereby. The parties recognize the skills and the abilities of the bargaining unit are unique and distinct in the interest of National Security and are highly skilled and dedicated professionals in supporting the United States Navy.

NOW, THEREFORE, the parties agree as follows:

ARTICLE I

GENERAL CONDITIONS OF CONTRACT

Section 1- General Provisions

(A) In reaching this Agreement, the parties hereto have fully exercised and complied with any and all obligations to bargain and have fully considered and explored all subjects and matters in any way material to the relationship between the parties. In negotiating and agreeing to this contract, all matters concerning which parties could contract have been considered and disposed of.

(B) The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to all proper subjects of collective bargaining and that all such subjects have been discussed and negotiated upon and the agreements contained in this Agreement were arrived at after the free exercise of such rights and opportunities. Therefore, the Employer and the Union, for the life of this

Agreement, each voluntarily and unqualifiedly waive the right and each agrees the other shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement.

The parties understand and agree that this Agreement covers all bargained for conditions of employment, and that the Employer has the right, at its discretion, to change, modify or amend conditions of employment not so covered as its business judgment dictates.

(C) It is understood wherever in this Agreement employees or jobs are referred to in the male or female gender it shall be recognized as referring to both males and females

(D) This Agreement can be changed or modified by mutual agreement only by a document in writing signed on behalf of both parties hereto by their duly authorized representatives,

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

(F) It shall be the duty of the Company and its representatives and the Union and its representatives to comply with and abide by all of the provisions of this Agreement.

Section 2 - Recognition and Exclusive Representation

(A) Definition of Bargaining Unit and Employees Covered by this Agreement - The Company recognizes the Union as the sole exclusive representative and bargaining agent with respect to rates of pay, wages, hours and other conditions of employment for the bargaining unit comprised of all full-time and regular part-time employees as defined in 5-RC-16073 and Appendix A of this Agreement employed by Tyonek World Wide Services Inc. located at Patuxent River Naval

Air Station, Patuxent River, Maryland. The word "employee" and "employees", as used in this

Agreement, means all employees of the Company employed at the aforementioned sites in job classifications listed in Appendix A of this Agreement and those provided for in Article IX of this Agreement.

(B) Excluded are all branch managers, assistant branch managers, group supervisors, assistant group supervisors Site Manager , assistant site supervisors, production supervisors, shop supervisors, crew leaders/work center supervisors, quality control supervisors, office clerical employees, flight engineers professional employees, managerial employees, guards, and supervisors as defined by the Act.

(C) Non -Bargaining Unit Personnel - It is understood and agreed that there are times when non-bargaining unit employees may be required to perform work customarily performed by bargaining unit employees. It is also understood that Supervisors and others will be required to work with tools only to meet requirements under the conditions listed below. Therefore, the

Company shall have the right to utilize non-bargaining unit employees only under the following conditions:

(1) For instruction and training purposes.

(2) For tests, evaluation, and/or experimentation purposes.

(3) In emergencies as defined by the Company at its sole discretion provided such actions do not result in a layoff or reduction in force.

(4) As required to assist in working a malfunction/discrepancy on a scheduled aircraft that must be corrected expeditiously in order to successfully launch the aircraft, when bargaining unit employees with the necessary skills are not immediately available.

(5) In limited circumstances where the satisfaction of the Company's obligations and responsibilities as a contractor may be jeopardized, when bargaining unit employees with the necessary skills are not immediately available.

(6) When an employee fails to report to work and other qualified employees are not available.

(7) For Customer Flying Crew personnel initial or proficiency training requirements.

(8) When there is a temporary need for Third party technicians by the Company that will not result in a layoff or reduction in force.

Section 3 - Period of Agreement and Ratification

(A) This agreement shall be effective September 1, 2019, and shall remain in full force and effect up to and including August 31, 2022, and thereafter from year to year unless written notice to modify, amend, or terminate the Agreement is served by either party upon the other at least sixty

(60) days prior to the expiration date of this Agreement.

* Where not otherwise specified, any reference to "days" in this Agreement shall mean calendar days.

(B) Any notice given under this section shall be deemed to be served by the Union when mailed postage prepaid, registered mail, return receipt requested, or delivered in hand, to the

Company’s Site Manager for service upon the Company, and such notice shall be deemed to be served by the Company when similarly mailed, or delivered in hand, to the assigned Business

Representative, District Lodge No. 4, Local Lodge No. 4, for service upon the Union. The date of mailing shown on the registered mail return receipt or the date of written receipt of personal service shall be the controlling date for purposes of Section 3 (A) of this Agreement.

Section 4 – Separability

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

(B) The Company and the Union shall, within thirty (30) days, negotiate the provision of the

Agreement affected by such legislation or court decree. Any modification or changes to this agreement brought about by the above negotiations shall be in writing and signed by the parties hereto.

(C) In the event the Employer decides to sell, transfer, or assign the business, this Agreement will be subject to existing Federal Labor Law.

Section 5 - Security Regulations

(A) The parties to this agreement hereby recognize the Company's obligations in its contracts with the Government pertaining to security, security clearances, and access to Government -managed property and agree that nothing contained in this Agreement is intended to place the

Company in violation of its contracts and/or security agreements with the Government.

(B) In the event that the U.S. Military Service or other Government Agency duly concerned with security regulations or operations on Government - managed property, advises the

Company that any employee in the Union bargaining unit is restricted from access to

Government - managed property, or restricted from work on or access to classified information and material, the Union agrees that such action as the Company may take pursuant to its contractual and/or security obligations to the Government will not be contested, nor will such action be a subject of the grievance procedure contained in Article IV of this Agreement.

(C) In the event that such Government Agency following the taking of such action within one year advises the Company that such an employee is no longer restricted from access to

Government - managed property or restricted from work on or access to classified information and material, the Company shall promptly reinstate the employee with seniority, to the same job classification held at the time such action was taken, subject to the applicable seniority provisions of the Agreement, if he/she promptly applies for such reinstatement within fifteen

(15) days.

(D) It is understood by and between the parties that, as a necessary condition of employment as defined in the Company’s offer letter of employment, employees shall be subject to investigation for security clearances, special access requests, national agency check and/or unescorted entry authorization under regulations prescribed by the Department of Defense, or other agencies of the

Untied States government on government work. Failure to apply, maintain, or gain a security clearance and/or the denial of required clearances and unescorted entry authorization by such governmental agency will be cause for release from the Company, due to inability to meet job requirements.

In the instance of a denial or a loss of a required clearance known as an “interim denial” an employee will be placed on an open job commensurate with his or her qualifications if any exist.

If no such opening exists, then the employee will be terminated.

It is understood that there shall be no liability on the part of the Company or the Union for any release growing out of the denial of clearance and/or unescorted entry authorization by the United

States Government and/or non-receipt of a required clearance.

Failure for whatever circumstances to meet the above requirements shall not be a cause of action under the Grievance and Arbitration provisions contained in this Agreement.

Section 6 – Nondiscrimination

It is the intent of the Company and the Union to provide employees with a working environment that is free from all forms of discrimination and harassment which is or which may become unlawful during the period of this Agreement. To this end, the parties agree to comply with all applicable laws, statutes and regulations concerning nondiscrimination in employment.

Section 7 - Union shop and check off

(A) All of the Company's present employees within the bargaining unit shall become members of the Union as a condition of employment within thirty (30) days of the execution of this

Agreement. All newly hired employees in the bargaining unit shall become members of the

Union within 90 days after their date of hiring and shall remain members of the Union as a condition of employment, within the requirements of the National Labor Relations Act. To be a member of the Union a member must pay all initiation fees, Union dues and assessments uniformly required of all members. Union membership is required only to the extent that employees must pay either (i) the Union’s initiation fees and periodic dues or (ii) service fees which in the case of a regular service fee payer shall be equal to the Union’s initiation fees and periodic dues or, in the case of an objecting service fee payer, shall be the proportion of the initiation fees and dues corresponding to the proportion of the Union’s total expenditures that support representational activities.

(B) In the event that paragraph (A) becomes illegal, by reason of Maryland law prohibiting the

Union shop, then the parties will substitute an agency shop provision for the Union shop provision if such substitution can lawfully be made. Such agency shop provision, if legal, would require all employees in the bargaining unit to pay the Union an amount equal to Union dues, initiation fees, and assessments.

(C) The Company will within 10 days after written notice from the Union discharge any employee who is not a member of the Union.

(D) The Company agrees to deduct from an employee's payroll check Union dues, initiation fees, assessments, or agency fees for all employees covered by this Agreement, provided that the Union or the employee delivers to the Company a written authorization to make such deductions, signed by the employee, irrevocable for one year or the expiration date of this Agreement, whichever shall occur sooner. The Company shall make deductions for each member or agency fee payer from the first pay of such member or agency fee payer each month.

(E) Such payroll deductions referred to in paragraph (D) of this Article shall be mailed to the

Secretary Treasurer of the Union the week after the week in which the payroll deductions are made.

The Company shall provide to the Secretary Treasurer of the Union with a listing, on a monthly basis, of all newly hired or laid-off employees.

(F) Should an employee be promoted or transferred to a managerial/salaried classification not covered by this Agreement, the Company shall cease deducting applicable service fees or dues from such employee. When ceasing to deduct applicable service fees or dues for reasons cited in this section, the Company shall submit the names of such employees, and the reasons for no deduction to the Financial Secretary of District Lodge No 4 and Local Lodge No. 4 constitutes a breach of this Agreement on the part of the Union for purposes of this paragraph.

Section 8 – No Strike – No Lock Out

(A) The Union, (its officers, agents and members) agrees that for the duration of this Agreement it shall not cause, engage or condone any strike (including sympathy strike) slowdown or stoppage of work or any acts of any nature which would interfere with the Company's ability to provide uninterrupted service to the United States Government. If the Company believes a violation of this

Section has occurred the Company shall notify the Union of the alleged violation. The Company agrees that it will not cause or engage in any lockout for the duration of this Agreement.

(B) In the event of a violation of this section, the Union, (its officers, agents, and members) collectively agree that it will use its best efforts to end such prohibited conduct.

(C) In the event of a breach by the Union of the provisions of this section of the Agreement, the

Company may abrogate this entire Agreement. Any action by a Union Steward which is not authorized, concurred in, or supported by the Union, will not constitute a breach of this Agreement on the part of the Union for purposes of this paragraph.

ARTICLE II

MANAGEMENT RIGHTS

Except as expressly modified by a specific provision of this Agreement, the Company shall retain the exclusive authority, rights and powers to manage its business and direct the workforce. Such authority, rights and powers include, but are not limited to, the right to hire, assign, transfer, promote, reclassify, layoff, discipline for just cause (including suspension and discharge);

determine work schedules, starting times and quitting times, the number of hours and shifts to be worked; the qualifications of employees; to establish and modify rules and regulations not in conflict with the terms of this Agreement; to close down, curtail or move the business or any part of the business, to introduce new or changed methods; to determine the means of service or production; and to otherwise manage the operations and direct the workforce. These rights are not intended to be all inclusive, but enumerate by way of illustration, types of rights which belong to the Company.

ARTICLE III

UNION - COMPANY RELATIONS

Section 1- Union Stewards

(A) Upon execution of this Agreement, the Union shall promptly furnish the Site Manager in writing, the names of the Union Stewards. Thereafter, the Union shall promptly advise the Site

Supervisor, in writing, of any change in Stewards. No Steward will be recognized as such by the

Company prior to receipt of written notice of notification.

(B) It is agreed that a Steward may receive, but not solicit, grievances from employees. For purpose of this agreement, the term "solicit" means the steward will receive grievances from employees and not petition for grievances. However, this does not limit the Steward from notifying the employee(s) that he/she has been grieved due to a breach or violation of this agreement. The Union recognizes and agrees that a Steward will carry out his/her duties with a minimum of interference with the orderly progress of Company work.

(C) Stewards will be designated and shall be assigned one (1) per directorate. The total number of Stewards recognized by the Company on the effective date of this Agreement will be One (1)

In addition to those Stewards designated above; a Chief Steward shall be designated and assigned to the entire contract work area.

(D) It is agreed that since the Stewards have a regular work assignment to be performed, that contacts involving union business with other employees or Stewards, or the Business

Representative of the Union will be no more frequent and no longer than the matter for discussion reasonably requires. Where necessary, the Steward's work schedule or assignment will be adjusted where practical, to allow for time to conduct Company-Union business as specified below:

(1) To consult with an employee regarding the presentation of a request or clarification concerning this Agreement, complaint, or grievance which the employee desires the Steward to be present.

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

(3) To present a request concerning this Agreement, complaint, or grievance to an employee's Supervisor in an attempt to settle the matter for the employee or group of employees who may be similarly affected.

(4) For discussions with Stewards or the authorized Business Representative of the Union on employee complaints or grievances or on matters arising out of the application of this Agreement.

(E) The number and locations of Stewards may be adjusted within reason by Company-Union to compensate for facility and population changes.

(F) The Steward shall secure permission of his/her Company Representative or assigned alternate before leaving his/her work station, reporting back to his/her Company Representative or assigned alternate upon return to his/her work station. Permission shall be granted unless operation activities are affected. The Company shall not unreasonably deny or delay access to the Steward. Upon entering the work area of another Manager's responsibility, the Steward shall contact the Manager or assigned alternate before attempting to contact any employee.

(G) It is agreed the Company shall pay Stewards for time away from the performance of their normal jobs while acting in their Steward capacity as defined in this Article for up to four (4) hours per week. The Chief Steward may use up to eight (8) hours per week of such company paid time. It is agreed that time away from normal work activities shall be reviewed and monitored and shall be addressed by the parties during the period of this Agreement when such an issue is raised by either party. This hour limit shall not include time spent:

(1) To meet by appointment with the Site Manager or other designated representative of the Company, when necessary to adjust grievances in accordance with the grievance procedure of this Agreement.

(2) To attend grievance hearings as defined by the Agreement

(3) To meet each new employee covered by this Agreement who shall be introduced to the applicable Union Steward by the Company Representative within three (3) workdays after hire.

(4) To report safety hazards or make safety recommendations to the management of his/her area.

(5) To attend jointly scheduled meetings such as monthly communications meetings, and arbitrations – Each party shall be responsible to compensate their respective representatives and any persons they select to attend such meetings.

(6) To attend meetings scheduled by the Company – The Company shall compensate all Union Stewards invited to the meeting. Such meetings may involve periodic or special communications meetings called by management for the purpose of communications of Company events, policies or plans, including training.

(7) To attend meetings scheduled by the Company at the request of an employee to conduct an investigative interview that may lead to disciplinary action or to issue disciplinary action.

(H) In order to insure the orderly administration of the terms of the labor Agreement, during periods of reductions in force, such employees designated as Stewards shall be considered the most senior employees in their assigned job classification, for purposes of applying Article V, Section 2, of this Agreement.

(I) It is agreed between the parties that should a Steward lose or resign his/her Stewardship while maintaining super-seniority, he/she will remain in place (classification and labor grade while Steward) until another Steward replaces and assumes the duties as a Steward.

(J) On the date the new Steward assumes office replacing the Steward who was maintaining super-seniority; the former Steward's status will be determined by his/her actual seniority. That is, if there is a more senior employee on recall to the job classification and specialty occupied by the former Steward, the more senior employee will be recalled and the former Steward will be subject to the layoff and displacement provisions of Article V, Section 2 of this Agreement.

(K) A steward that is designated as a representative of a shift shall keep the normal working hours of that shift for the duration of his term or until a new steward assumes office.

(L) The Supervisor shall operating requirements permitting approve an employee to confer with his or her designated Steward to express a question or concern about the application of this

Agreement during straight time hours without loss of pay.

(M) The Supervisor shall operating requirements permitting approve an employee to attend a

Step One or Step Two grievance hearing for a grievance that he or she signed. No more than three employees (including Stewards) from the then working shift may attend a Step One or Step

Two grievance hearing, without prior approval of the Site Manager or delegated authority on straight time hours without loss of pay.

Section 2 - Business Representatives and Union Officials

(A) Full time representatives of the Union shall have access to the Company's operations for the purpose of contacting Stewards regarding employee complaints or grievances or matters arising out of the application of this Agreement. Such visits shall be subject to such regulations as may be made from time to time by the Company, the U.S. Military Services, and other government agencies. It is agreed that the Company will not impose regulations which will render ineffective the intent of this provision. Prior to entering the Company's operations, the

Business Representative shall notify the Site Manager to agree on the date and time he/she will be on the facility and the department(s) he/she wishes to contact.

(B) If it is necessary for a full time Union Representative to meet with any single employee and one steward to discuss a complaint or grievance, the employee and steward time shall be

Company paid providing that he or she first notifies the Site Manager. The contacts on

Company time, which are provided for in this Section, will be no more frequent and no longer than the matter for discussion reasonably requires. No discussions will be held with supervision of any section unless the Site Manager has been notified and given an opportunity to be present.

The Site Manager shall meet upon request with a full time Union Business Representative to discuss the Representatives request to simultaneously meet with more than one employee and a steward.

Section 3 - Bulletin Boards and Posting Notices

(A) It is agreed that the Union will be permitted to post on bulletin boards at locations approved by the customer:

(1) Notices of Union recreational affairs.

(2) Notices of Union elections and election results.

(3) Notices of Union appointments.

(4) Notices of Union meetings.

(5) Such other notices as may be mutually agreed upon by the Union and

Company.

(B) The Company will provide a locked three (3) foot by Four (4) foot bulletin board clearly identified as "Union Business" where only Union notices will be displayed. The Union bulletin board in building 301 will be secured and locked at all times and the keys to the bulletin board will be kept in the possession of the applicable Steward for the hangers in which the bulletin board are maintained.

The bulletin boards will be prominently displayed in the main work areas of each hanger with the purpose of being easily accessible by all employees of the hangers in which the bulletin boards are maintained.

The bulletin boards will be distributed as follows:

(1) One (1) locked Bulletin Board in hangar 301 at FRC-MA-PAX in the main work area of the building in a prominent, central location.

(2) One open access Bulletin Board in each building attached to FRC-MA-PAX in a prominent, central location for union information in every building or structure.

Section 4 - Information Provided to and or by the Union

The Company shall furnish the Union with information required by law within ten (10) calendar days. Requests by Union to the Company will be made to Site Manager or Director of

Operations. The Union shall furnish the Company with information required by law within a ten

(10) calendar days. These time limits may be extended by mutual agreement of the parties.

Section 5 - Official Union Business

It is agreed that the Company shall not be required to pay an employee for any time that he/she is taken away from his/her work to serve the Union in any official capacity or to serve on any

Union Committee, except as provided in the Agreement. If such unpaid union activity interferes with the working hours of employees, the Company will allow authorized absence without pay for the hours absent for up to two (2) Union officials, to attend one (1) scheduled Union meeting each month, on a date and during the hours certified by the Business Representative of the

Union.

ARTICLE IV

GRIEVANCE PROCEDURE AND ARBITRATION

Section 1 - Definition of Grievance

The term grievance as used in this Agreement is a written claim involving the interpretation, application or claim of breach or violation of applicable provision(s) of this Agreement that the

Company or an employee has not been able to adjust. The grievance must identify the applicable provision(s) of the Agreement that is claimed to have breached or violated and the remedy sought. All references and procedures in the Article which refer to "employee" grievances refer to the Company as well, as the Company also has the right to file a grievance under this Article.

Time limits may be extended only by mutual consent of both the Union and the Company.

Grievances arising out of a suspension without pay or a discharge shall be submitted directly to

Step Three described in Section 2 herein.

Section 2 - Grievance Procedure

(A) Grievances will be conducted as follows:

Step One

The parties agree that all complaints and grievances should be resolved, whenever possible, with the immediate supervisor and the employee involved. It is the intent and purpose of the parties to provide a fair and equitable procedure for the orderly settlement of all grievances. Any employee with a complaint or issue should contact the appropriate supervisor in order to discuss and resolve the issue. Both parties will make every effort to resolve the issue within two (2) regularly scheduled work days before it is reduced to writing as described in Step Two of this

Procedure. The employee may have their Shop Steward present if desired. The company shall inform the employee of the right to have a Shop Steward present prior to the start of any investigation meeting that could lead to discipline.

Step Two

Any employee believing, they have been aggrieved as defined in section one (1) of this Article, must confer with the employees Site Manager and present a written grievance, with their Union

Steward or Chief Steward. The Union Steward or Chief Steward on a form provided by the

Union and agreed to by the Company must reduce the grievance to writing. Such written grievance shall set forth the complaint and remedy sought the facts on which it is based, the date of occurrence, the applicable Article of the Agreement which is claimed to be the basis for the filing of the grievance, and this, together with any accompanying statement. The form shall be dated and signed by the grievant and the Union Steward or Chief Steward. The written grievance must be presented to the employees Supervisor within five (5) working days from the date the employee became aware of the incident that gave rise to the grievance. If the employee or Union Steward/ Chief Steward fails to present the written grievance within this time limit, the grievance shall be considered settled and no further action can be taken thereon. Both parties will make every effort to resolve the issue. The Site Manager shall render his/her written decision to the Union Steward or Chief Steward and the employee within five (5) working days after being presented the grievance. If a settlement is reached it will be reduced to writing on the grievance form and the matter shall then be considered closed. If the Site Manager fails to provide his/her written response within this time limit, the grievance shall be advanced to the next step. Any grievance settlements at Step Two of the grievance process, whether by concession, withdrawal, settlement agreement, or resolution actions occurring due to a failure of either party to abide by the time limits of this section, shall not constitute a precedent binding upon the Company or the Union, unless the parties agree, in writing that such settlement shall set a precedent binding on future grievances.

Step Three

If not satisfactorily settled as outlined in Step Two (2) above, the written grievance may then be presented to Director of Operations the or his designated representative no later than five (5) working days after receipt by the Union assigned Business Representative and/or Chief Steward of the decision rendered in step two (2) hereof. The Director of Operations and/or designated company representative shall meet with the Business Representative, Chief Steward and Union

Steward in an attempt to resolve the matter and render a written decision thereon within five (5) working days after said meeting/appeal. If a settlement is reached it will be reduced to written form on the grievance form and the matter shall then be considered closed. If the Director of

Operations fails to provide a written decision within this time limit, the grievance remedy shall be advanced to the next step of this procedure. Any grievance settlements at Step Three of the grievance process, whether by concession, withdrawal, settlement agreement, or resolution actions occurring due to a failure of either party to abide by the time limits of this section, shall not constitute a precedent binding upon the Company or the Union, unless the parties agree, in writing that such settlement shall set a precedent binding on future grievances.

(A) If the two parties' representatives are unable to reach a settlement, either party may request a list of qualified arbitrators from the United States Federal Mediation and Conciliation Service.

The request shall be for a list of seven (7) arbitrators. The Union and the Company shall alternately strike one name from such list (the right to strike the first name having been determined by lot) until only one name remains and that person shall be the arbitrator.

(B) It is understood that the time limits specified herein may be extended by mutual written agreement of the parties.

(C) The Company and the Union may mutually agree to combine the grievance of an employee and other similarly affected employees in order to eliminate the need for multiple filings of grievances. If no agreement on this issue is reached, either party may request an Arbitrator to combine the grievances and the Arbitrator's decision is final.

(D) The Company and the Union may mutually agree in writing to waive any prior step of the grievance procedure and proceed directly to Step Three of the grievance procedure as it is described in Section 2 of this Article.

(E) The Union shall have authority, with respect to any employee covered by this Agreement, to decline to process a grievance, complaint, or dispute if in the judgment of the Union such grievance or dispute lacks merit or justification under the terms and conditions of this Agreement or has been adjusted or justified under the terms of the Agreement to the satisfaction of the

Union.

(F) It is mutually agreed that should an employee be unavailable to sign a grievance form and deliver it to the Company within the time limits specified in Steps One and two of the grievance procedure, the Union may forward the grievance unsigned. Requests for additional time due to circumstances of the unavailability of the employee to sign will be made to the Director of

Operations and will be granted at the sole discretion of the Company. The Union must secure the employee signature prior to the grievance form proceeding through the next step of the grievance procedure.

Section 3 - Arbitration

(A) The parties' representatives shall make the necessary arrangements to arbitrate the grievance. In the event that the parties' representatives are unable to agree upon the issue, the arbitrator shall determine the issue.

(B) The arbitrator shall have the authority to determine the rules of evidence and procedure and to adjourn or continue the hearing from time to time. All expenses incurred by the arbitrator including the fee and expenses which he authorized in connection with the arbitration, shall be shared equally by the parties. Costs incurred by the respective parties for their witness (es) shall be borne by the respective party.

(C) This Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties and by the arbitrator in the same manner as any other contract under the laws of the land. The function and purpose of the arbitrator is to determine disputed interpretation of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The arbitrator shall have the authority to interpret and apply the provisions of this agreement. The arbitrator shall not have the authority to amend or modify this Agreement or to establish new terms and conditions of this Agreement.

The decision of the arbitrator shall be in writing and shall not be made until both parties have had reasonable opportunity to present their case, together with oral arguments. Said decision shall be given not later than thirty (30) days after the submission of the final briefs. Such briefs shall be submitted to the Arbitrator no later than fourteen (14) days from the date of the hearing. Such time limits may be extended by mutual agreement of the parties. It is understood and agreed that a decision of the arbitrator made in accordance with the requirements hereof shall be final and binding on both parties.

(D) The parties will conduct arbitration within twenty-five (25) miles of Patuxent River Naval

Air Station, Patuxent River, Maryland.

ARTICLE V

SENIORITY

Section 1 - Basis of Seniority and Establishment of Seniority Rights

(A) All employees shall be considered probationary employees for the first ninety (90) days of active employment. Throughout this period, supervision will evaluate the probationary employee as to such factors as, but not limited to, work habits, willingness to accept varied work assignments and training, safety, productivity, quality of work, attendance, and ability to work with others. Upon completion of his/her probationary period, the employee will become a regular employee whose seniority will be retroactive to his/her first day of employment.

Supervisory determinations as to retention, reassignment, or termination of probationary employees anytime during the ninety (90) day probationary period are not subject to the

Grievance and Arbitration Articles of this Agreement.

(B) For purposes of this Agreement, there shall be two types of seniority and they are defined as follows:

Company Seniority – For employees covered by the collective bargaining agreement as of the effective date of the Agreement, or employees re-hired within thirty (30) days or less of a break in service, Company Seniority represents all accumulated time for which the employee has served as an employee of the Company in the performance of similar work at any Company site.

For employees hired after the effective date of this Agreement, Company Seniority begins upon the most recent hire date.

Bargaining Unit Seniority – For employees covered by this collective bargaining agreement as of the effective date of the Agreement, Bargaining Unit Seniority is the same as Company Seniority cited above.

For employees hired or transferred after the effective date of this Agreement, Bargaining

Unit Seniority begins upon the hire or transfer date at a site covered by this Agreement.

For all purposes of this agreement that pertain to seniority will be known as bargaining unit seniority unless otherwise stated within Articles or Sections of this Agreement.

When two (2) or more employees have the same Bargaining Unit seniority date, the employee with the most Company Seniority will be deemed senior. In the event that

Company Seniority dates are the same, the employee with the lowest last four digits of the social security number will be deemed to be the most senior.

(C) An employee who re-enters the bargaining unit within six (6) months from a position taken outside the bargaining unit may return to the last classification held, provided a vacancy is open for that classification and he/she meets the definition of fully qualified as defined in Article V, Section 2 of this Agreement and has sufficient bargaining unit seniority to return. For purposes of this paragraph, bargaining unit seniority does not accumulate while outside the bargaining unit.

(D) Seniority for vacation eligibility and benefit determination purposes will not be affected by

Article V, Section 1(C), above. The employee's bargaining unit seniority would be frozen until such time as the employee returned to the bargaining unit within the six (6) month period contained in Article V, Section 1(C) above and would accumulate going forward from the date of return.

(E) An employee who transfers, is reassigned, is promoted, demoted, or has been reclassified within the Bargaining Unit will retain all Seniority.

(F) Service awards shall be given to all employees based on years of service. Service awards shall be given to employees who complete five (5), ten (10), fifteen (15), twenty (20), twenty-five (25) and thirty (30) years. The company shall give employees a choice of awards at each defined interval as available. A final service award shall be presented to each employee who retires from the company after twenty (20) or more years of service.

(G) Members of the Executive Board of IAMAW Local Lodge 4 shall be the most senior members of the bargaining unit and will maintain super-seniority for the length of time served on the Executive Board. Shop Stewards shall also be senior members of the bargaining unit as defined in Article III, Section 1, paragraph (H). The Union shall furnish the names of the

Executive Board and all stewards to the Company and shall notify the Company of any changes to the Executive Board or the stewards.

Section 2 – Promotions, Layoffs and Recall

In the event of a layoff, probationary employees shall be laid off first and then part-time employees shall be laid off next. In assigning employees to higher-paying jobs, or in the case of layoff due to lack of work, or recall from layoff, the Company shall select those employees who are best qualified to be so promoted, retained or recalled regardless of classification. In making such selection, consideration shall be given to such qualification factors as ability, performance and skill. If ability, performance and skills are equal, Bargaining Unit seniority shall prevail in layoff, promotion and recall. The applicable Steward shall be informed of decisions under this Article V, Section 2 before such decisions are announced.

Section 3 - Loss of Seniority

Employees shall lose all seniority rights and employment shall cease for any of the following reasons.

a. Resignation

b. Discharge for just cause.

c. Failure to report to work within fourteen (14) days after recall from layoff.

d. Absence due to layoff for twenty-four (24) months.

e. Failure to report to work upon expiration of an approved leave of absence. Exceptions shall be limited to extreme circumstances beyond the employee’s control.

f. If the employee gives a false reason for a Leave of Absence or engages in gainful employment with another employer during such leave.

g. If any monetary settlement is made with an employee covering total disability.

h. If an employee falsifies information on his/her application for employment. The falsity may become known at any time after the employee’s date of hire.

i. When an employee is absent from work for a period of three (3) consecutive days without prior notification of sufficient reasons to warrant the absence.

j. Failure for any reason, to secure/maintain a government clearance except as provided for in this Agreement.

k. Refusal to take a drug test directed by the Company, as required by Company Policy.

Section 4 Assignment of Premiums

The Company shall select those employees who are best qualified to receive premiums. In making such selection, consideration will be given to such qualification factors as ability, performance and skill. If ability, performance and skills are equal, seniority shall prevail in assignment of premiums. The applicable, Steward shall be informed of decisions under this

Article V, Section 4 before such decisions are announced.

Section 5 Shift Preference

Shift changes shall occur on a quarterly basis (every three months). One month in advance of each shift change, a shift preference list shall be posted for employees to express their shift preference. If ability, performance and skills are equal, seniority shall prevail in assignment of shifts provided there is an adequate distribution of ability, performance and skills distributed across the shifts as defined by management. The applicable steward shall be informed of decisions under this Article V, Section 5 before such decisions are announced. Individual changes in cases of hardship shall be handled on case by case basis at the sole discretion of the

Site Manager.

ARTICLE VI

EMPLOYMENT CONDITIONS

Section 1 - Working Conditions

(A) General

The Company agrees to maintain working conditions in all its operations and working establishments in accordance with Federal law and the laws of the State, County and City of its place of operation.

(B) Safety Rules and Regulations

Employees shall be required to comply with all safety rules and regulations established by the

Company and government agencies, and to wear such protective clothing or use such safety equipment as may be required.

(C) Clothing and Safety Equipment

As directed by the Company, protective clothing and safety equipment will be utilized by the employee during his/her performance of jobs requiring such equipment usage.

(D) Acts of Sabotage

Employees, the Company and the Union will use their best efforts to prevent any acts of sabotage or willful damage to Customer property, Company property and employee property or materials.

To that end, all employees, Company personnel and Union Representatives will immediately report to their supervisor any acts of sabotage or willful damage to property or materials, or any threat to sabotage or willfully damaging such property.

(E) Medical Examinations

Should the Company have reason to believe an employee is unable to satisfactorily perform the duties of his/her job classification, such employee may be required to take such medical examination as may be directed by the Company. The Company shall pay for such examination.

No employee shall be disciplined or discharged as a result of such an…