Att L-9b CBA N6134017F0028 E2C2.pdf

COLLECTIVE BARGAINING AGREEMENT

BY AND BETWEEN

THE TIDEWATER NAVAL AVIATION TRAINING SUPPORT

CONTRACTORS ASSOCIATION

AND

CREW TRAINING INTERNATIONAL, INC. (CTI)

EFFECTIVE DATE OF CBA:

March 13, 2020 to March 31, 2024

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TABLE OF CONTENTS

PREAMBLE

ARTICLE I - RECOGNITION

ARTICLE II - PROBATIONARY PERIOD

ARTICLE III - MANAGEMENT RIGHTS

ARTICLE IV - BARGAINING UNIT REPRESENTATION

ARTICLE V - FAIR EMPLOYMENT PRACTICES

ARTICLE VI - DISCIPLINE & DISCHARGE

ARTICLE VII - GRIEVANCE PROCEDURE

ARTICLE VIII - CLASSIFICATIONS

ARTICLE IX - SENIORITY

ARTICLE X – WAGES AND LOCALITY PAY

ARTICLE XI - HEALTH & WELFARE

ARTICLE XII - HOURS OF WORK AND OVERTIME

ARTICLE XIII - HOLIDAYS, PAID TIME OFF (PTO) AND PAID SICK DAYS

ARTICLE XIV- NEW OR REVISED JOBS

ARTICLE XV- 401(K) PLAN

ARTICLE XVI - LEAVE OF ABSENCE

ARTICLE XVII - SAFETY

ARTICLE XVIIII - NO STRIKE - NO LOCKOUT

ARTICLE XIX - SAVINGS CLAUSE

ARTICLE XX - DURATION, TERMINATION & MODIFICATION

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This Agreement is made and entered into this 13th day of March, 2020 by and between Crew Training International, Inc. (CTI) (the "Company") and the Tidewater Naval Aviation Training Support Contractors Association (“TNATSCA” or the "Bargaining Unit").

PREAMBLE

The parties have entered into this Agreement for the purpose of setting forth in writing the understandings they have reached with respect to wages and hours of the employees covered hereby, as well as to the rights of the Company and the Bargaining Unit, and to provide a peaceful means for the settlement of any disputes which may arise with respect to the interpretation or application of their understandings and agreements as set forth herein. The parties acknowledge that, during negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demand and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understanding and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. This Agreement supersedes any previous agreement between the parties including existing or any pre-existing practices or customs not specifically covered by this Agreement.

ARTICLE I - RECOGNITION

Section 1. The Company hereby recognizes the Bargaining Unit as the sole and exclusive bargaining representative with respect to rates of pay, hours of work, and other conditions of employment for all full and part-time Crew Training International, Inc. employees, employed by the Company at its Naval Station, Norfolk, VA and Oceana Naval Station, Virginia Beach, VA sites on contract N61340-12-D-7208 N6134017F0028 and all successor contracts. The above locations are hereinafter referred to as the "Site."

Section 2. Whenever the words "employee" or "employees” are used in the Agreement, they designate only such employees as are covered by this Agreement. Whenever in this Agreement employees or jobs are referred to in the male gender, it will be recognized as referring to both male and female employees.

Section 3. In the event that any federal or state legislation, governmental regulations or court decisions cause invalidation of any Article or Section of this agreement, all other Articles and Sections not so invalidated shall remain in full force and effect, the Company and the Bargaining Unit shall meet to negotiate new contract language to replace the particular clause(s) that was invalidated by federal or state legislation, in a timely fashion. While doing so, all other terms and conditions of this Agreement shall remain in full force and effect.

ARTICLE II - PROBATIONARY PERIOD

A “Probationary Employee” is defined as a new employee to the site during the first ninety (90) days of employment. Employment of probationary employees is at the sole and absolute

Page | 4 discretion of the Company. An employee terminated for any reason during the probationary period has no mandatory seniority, recall or reinstatement rights. The Company may terminate or transfer probationary employees at its discretion and such actions are not subject to the Grievance Procedure.

ARTICLE III - MANAGEMENT RIGHTS

Section 1. Except as provided elsewhere in the Agreement, the Company has the full right and authority to administer and/or manage the Company's business, including but not limited to:

establish or continue policies, practices, and procedures for the conduct of the business, and to make modifications and new rules and regulations as may be necessary for the successful operation of the Site, all as determined in the Company's sole discretion; decide which supplies or equipment are used; determine the size of the workforce including the number of employees needed to support the work stipulated by the Performance Work Statement ("PWS"); establish, eliminate, change, or combine work schedules, and work assignments subject only to the terms of this Agreement, including the right to assign work to bargaining-unit employees and to non-bargaining unit personnel; to hire, transfer, promote, or demote employees (including determining the qualification for applicants and employees); or to lay off, terminate, or otherwise relieve employees from duty for lack of work or other legitimate reasons; to make and enforce reasonable rules for maintenance of discipline; to suspend, discharge, or otherwise discipline employees; to assign and/or transfer work to other Company facilities; and otherwise to take such measures as the Company may determine necessary to the orderly, efficient or economical operation of the business.

Section 2. The Company and its employees are providing a service to the United States Government, and the Company bears responsibility and authority for providing services for the facilities provided for in the Company's contract with the Government. Therefore, express written instructions of the U.S. Government must be complied with, including the removal of an employee at the request of the U.S. Government, and shall not be a violation of this agreement and are not subject to the grievance procedure. The Company will provide notice to the Bargaining Unit of such written instructions or directives received from the U.S. Government and, upon request, discuss the impact upon employees.

Section 3. The above rights of management are not inclusive of all manners or rights, which belong to and are inherent to management. Any other rights, powers, or authority the Company had prior to the signing of this Agreement are retained by the Company, except those specifically abridged or modified by this Agreement and any supplemental agreements that may be hereafter made. The Company's failure to exercise any function reserved to it shall not be deemed a waiver of any such rights.

ARTICLE IV - BARGAINING UNIT REPRESENTATION

The Bargaining Unit will select one Representative and an alternate Representative. The Bargaining Unit shall notify the Company in writing which Bargaining Unit member will serve as Representative and alternate Representative. The Company will continue to deal with the

Page | 5 selected Representative until such time as their authority is revoked in writing.

ARTICLE V - FAIR EMPLOYMENT PRACTICES

Neither the Company, nor the Bargaining Unit, shall discriminate against any employee on the basis of race, gender, sexual orientation, age, religion, national origin, Bargaining Unit activity, veteran’s status, disability or any other protected category in accordance with the requirements of applicable federal, state or local law.

ARTICLE VI - DISCIPLINE & DISCHARGE

No employee shall be suspended or discharged without just cause, and all dismissals will be subject to the Grievance Procedures set forth in this Agreement except as otherwise provided for in this Agreement. Discipline and discharges occurring during the Probationary Period are not subject to this provision. All disciplinary warnings/counseling and discharge notices shall be in writing. Copies of the suspension or discharge notice shall be given to the employee. The Company may discipline an employee in accordance with its policies and procedures, except insofar as said policies and procedures are in conflict with the terms of this Agreement, in which case the Agreement shall prevail.

ARTICLE VII - GRIEVANCE PROCEDURE

Section 1. For purposes of this Agreement, a grievance is defined as a written statement signed by an individual or by the Company, with respect to the alleged violation of a specific provision of this Agreement. Nothing herein shall be construed as restricting the rights of individual employees to present complaints to the Company through regular channels of the Company, or the rights of the Company to adjust such complaints, provided that adjustment shall not conflict with the provisions of this Agreement and that a representative of the Bargaining Unit has been given the opportunity to be present at such adjustment, if requested by the employee and/or employees involved in the complaint. Grievances shall be considered promptly in the following manner, and if the time limits contained therein are not followed, the grievance shall be considered void. No waiver of such time limits shall be effective unless reduced to writing, nor shall such waiver be deemed precedent. The parties may mutually agree to expedite the procedures in the Steps below.

Section 2. A grievance must be filed in writing with the Company's Human Resources Department within five (5) working days, excluding holidays, after the first occurrence of the event(s) giving rise to the grievance or after the Bargaining Unit or the Grievant first knows, or in the exercise of reasonable care, should know of its occurrence.

The written grievance shall contain the following information:

1. Name(s) of the employee(s) involved;

2. Approximate date of alleged grievance;

3. Nature of the grievance;

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4. Current Date;

5. Article/Section of Agreement violated;

6. Requested remedy.

Time spent by the Grievant and Steward handling a grievance or response is not considered work time. Failure to provide a timely grievance shall result in such grievance being deemed forever waived.

Section 3. The Company shall provide the Grievant a written reply to the grievance within five

(5) working days after the presentation of the grievance. In the event that resolution of the Grievance is not to the Grievant's satisfaction, then either party may choose to proceed to final and binding arbitration before a labor arbitrator who is a member of the National Academy of Arbitrators and who is mutually agreed upon by the parties for the specific dispute. Demand for arbitration must occur within ten (10) calendar days after the Company's response to the grievance.

Section 4. Final & Binding Arbitration:

a) Before hearing arguments related to the substance of the grievance, the arbitrator must first require the grievant to prove that the grievance has not been waived by failure to provide a timely grievance. Where a grievance is determined to be untimely, the arbitrator shall have no further jurisdiction to hear the grievance.

b) If the timeliness of the grievance is established, the arbitrator shall give both parties the opportunity to present evidence and argue the grievance orally and in writing. Either party may submit a post-hearing brief. The arbitrator shall make a written decision and award, in accordance with the evidence presented. The award (decision) of the arbitrator shall be in writing and shall be final and binding upon the Company, Bargaining Unit, and the Grievant.

c) The arbitrator's decision shall demonstrate that he has thoroughly considered the arguments advanced by each party and shall cite the provisions of the Agreement serving as the basis for the decision.

d) The arbitrator selected shall have no power or authority to amend, alter, or modify this

Agreement, including the appendices hereto, and shall have no authority to establish wage rates or to change existing wage rates except as provided elsewhere in this Agreement, but instead shall be limited to deciding whether or not a violation of this Agreement's express terms or of the Company rules has been committed. In cases of discipline or discharge, the Arbitrator may reverse the action of the Company or modify the penalty imposed only if it is established by clear and convincing evidence that the Company's action was clearly arbitrary. In no case shall imposition of a penalty provided in a written Company rule be deemed arbitrary. The party contending that a violation has been committed shall bear the burden of proof and the burden of going forward in all cases, except in discharge cases.

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e) Claims for back pay shall be valid back to the date the grievance was filed as ruled by the

Arbitrator. The Arbitrator must deduct all interim earnings in making a monetary award for any claimed back wages, including unemployment compensation, and the Grievant must demonstrate his good-faith attempts to secure interim earnings.

f) The expense of arbitration, including the fees and the expense of the arbitrator, the costs of the meeting room, the costs of the court reporter, and all attorneys' fees and expenses, shall be borne entirely by the party that does not prevail at the arbitration. In the event of a split award, costs and fees shall be shared equally by the Company and the Bargaining Unit. The arbitration hearing may be transcribed by a qualified court reporter if either party so requests. If either party desires a transcript of the proceedings, he shall purchase such at his own expense.

g) All claims by the Company, by any employee, and by the Bargaining Unit for any alleged violation of federal, state, or local laws and regulations governing employment, whether statutory, contractual or tort, whether at law or equity, including without limiting the generality of the foregoing, any claim under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Fair Labor Standards Act, the Americans with Disabilities Act, the Family and Medical Leave Act, the Equal Pay Act, the Employee Retirement Income Security Act or any Virginia Statute, shall be subject to the instant grievance and arbitration procedures, except as noted in the following subparagraph. The parties hereby waive their right to pursue any claim as a class action, collective action, or representative action; instead, all claims must be pursued only as an individual claim. The following claims shall be excluded from this provision: (i) any claim alleging a violation of the National Labor Relations Act; (ii) any claim for state-provided worker's compensation, disability, or unemployment benefits; (iii) claims pertaining to any of the Company's ERISA-covered employee welfare, insurance, benefit, and pension plans that provide their own claims and appeals procedure for challenging any denial of benefits; and (iv) claims that applicable laws expressly do not permit to be resolved by final and binding arbitration.

h) The parties agree that the express incorporation of certain statutes in this Agreement requires the Company, the Bargaining Unit and all covered employees to arbitrate, rather than litigate in court, all such claims. The arbitrators hearing such claims shall apply applicable law and shall have full authority to remedy any violations in the manner provided by the law at issue, including but not limited to an award of attorney's fees and costs. Covered employees remain entitled to file charges with federal, state or local administrative agencies even with respect to claims that are subject to arbitration, but hereby waive any and all remedies that might be sought or awarded by such agency. The grievance and arbitration process of this Section shall be the parties' sole, exclusive, final and binding remedy for any alleged claim covered herein.

i) Where the Bargaining Unit takes an employee's claim to arbitration under the arbitration

Page | 8 procedure, the remedy shall constitute the Bargaining Unit's, Company's, and employee's sole, exclusive, final and binding remedy for the arbitrated claim. With regard to an employee's statutory claim(s), the employee will be allowed to have individual representation of his/her own choice in the arbitration with the employee bearing the cost of such individual representation.

j) Notwithstanding any time limits contained in this Section, any statutory claim covered by this Section must be served in writing prior to the expiration of the applicable statute of limitations. Failure to timely serve the claim shall result in the claim being considered untimely and therefore barred.

k) Any dispute or challenge as to the ability to arbitrate any claim, or as to the validity, legality or unconscionability of this Section, whether under federal or state law, shall be decided by the arbitrator.

l) Within thirty (30) calendar days of an arbitrator's decision, either party may choose to appeal that decision to a three-arbitrator panel that shall sit as an appellate panel for the sole purpose of determining if the arbitrator's decision was clearly erroneous. The selection of the three appellate arbitrators shall be by mutual agreement of the parties and all shall be labor arbitrators who are members of the National Academy of Arbitrators.

Briefing and oral argument shall be as determined by the appellate panel of arbitrators.

Fees and expenses of this appellate process shall be as per ARTICLE VII -Section 4(e) above.

m) This Agreement shall be governed by the Federal Arbitration Act.

Section 5. Compliance with Time Limitations and Procedures: The time limits and procedures provided for in this article for the presentation of a grievance are absolute. In the event of the failure of the Bargaining Unit or the Company to proceed within the time prescribed or in the manner prescribed, the grievance shall be considered escalated to the next step of the grievance process, unless the parties agree to extend the time limitations and procedures by mutual written agreement.

ARTICLE VIII - CLASSIFICATIONS

Section 1. Full-time employees are those employees who regularly work at least thirty (30) hours a week.

Section 2. Part-time employees are those employees who regularly work less than thirty (30) hours a week, excluding approved leave.

Section 3. Unless otherwise required by law, all benefits provided under this Agreement shall be based on the number of hours paid.

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ARTICLE IX – SENIORITY

Section 1. Definition of Service Contract Act Seniority (SCA Seniority). The SCA Seniority date shall be defined in accordance with 29 CFR § 4.173 and shall include:

a) The total length of time spent by an employee in any capacity in the continuous service of the present (successor) contractor, including both the time spent in performing on regular commercial work and the time spent in performing on the Government contract itself, and

b) Where applicable, the total length of time spent in any capacity as an employee in the continuous service of any predecessor contractor(s) who carried out similar contract functions at the same Federal facility.

Section 2. Disputes regarding seniority date. Where the Company and the Association disagree regarding the applicability of these provisions, the Company shall ask the Government to review the Seniority List and any applicable information regarding the dispute to establish seniority dates, and the judgment of the Government shall be final.

Section 3. Application of Seniority. The most senior employee (i.e. employee with the earliest prior contract service date of hire at the worksite) shall be listed at the top of the Seniority List and the least senior employee shall be listed at the bottom of the Seniority List. All other employees shall be listed on the Seniority List in descending order based upon their Seniority as defined herein. If more than one employee has the same seniority date, seniority shall be assigned alphabetically by last name, with A being the most senior. The seniority list shall be available with the Bargaining Unit Representative and Site Manager. Seniority shall be used by the Company in making layoff, recall and promotion/demotion decisions depending on the requirements of the Company's contract with the Government and if all other factors, including but not limited to qualification, skill and ability, full-time/part-time requirements are met. This seniority date shall be used to establish first right of refusal in the determination of, but is not limited to, layoff/recall and advancement/demotion. In the case of advancement from part time to full time or assignment of new training, qualifications and certifications as per Government requirements will be used in conjunction with seniority. Upon timely written request by the Association, the Company will state in writing the reasons for layoff, recall, promotion, or demotion decisions.

Section 4. Loss of Seniority Rights. Seniority rights shall be lost due to the following:

- Resignation

- Discharge for just cause

- Non-Medical Leave of Absence for more than one (1) calendar year, unless such leave is a legal right of the employee taking the leave

- Failure to return to work within ten (10) days of a recall notice, unless a satisfactory reason is given

- Acceptance of other employment while on an approved leave of absence without prior permission from management

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Section 5. Re-Hiring Employees. Any employee re-hired within 365 days after resignation shall be reinstated at the same level of seniority held at the time of his/her resignation.

Section 6. Layoff and Recall Procedures. The seniority list shall be based on the order of seniority and established qualifications to work the remaining jobs. Those with the least seniority will be laid off first, and those with the most seniority will be recalled first.

Section 7. Recall Notice. An employee shall be recalled by certified mail, return receipt requested, mailed to the employee's last known address of record. The postmark on the return receipt requested shall be the date of notification of recall. The Bargaining Unit Representative shall be copied on all recall notices.

Section 8. Transfer. A CTI employee who transfers to the site from another site shall maintain their original seniority date for the purposes of paid time off, but shall be placed at the bottom of the seniority list for promotion, demotion, layoff, and recall decisions.

ARTICLE X – WAGES AND LOCALITY PAY

Section 1. Effective upon execution by all parties hereto, all bargaining unit employees shall be paid in accordance with the following table.

JOB TITLE Effective 3/13/2020

Effective 11/1/2020

Effective 11/1/2021

Effective 11/1/2022

Effective 11/1/2023

SME Pilot $48.04 $54.00 $55.08 $56.18 $57.31

SME NFO $40.21 $45.00 $45.90 $46.82 $47.75

SME LSO $42.28 $47.50 $48.45 $49.42 $50.41

Graphic Artist $26.71 $29.40 $29.99 $30.59 $31.20 Multi-Media Specialist

$24.28 $27.00 $27.54 $28.09 $28.65

LRC Clerk $25.14 $27.00 $27.54 $28.09 $28.65 IAT Specialist $26.77 $35.00 $35.70 $36.41 $37.14 Programmer $26.37 $28.50 $29.07 $29.65 $30.24

Section 2. The Company may name a Lead at its sole discretion. The Lead shall be designated in writing by the Company. The Lead shall be responsible to the Site Manager/Supervisor for scheduling, instructing and aiding employees, maintaining a smooth flow of work, inspecting quality of work, and preparing reports. Effective November 1, 2020, the Lead shall receive a $3.00 per hour QA premium.

ARTICLE XI - HEALTH & WELFARE

Section 1. Health and Welfare: All Bargaining Unit employees with receive bona-fide fringe benefits or cash-in-lieu at the rate stipulated in the table below. Employees receive health and

Page | 11 welfare benefits for all hours paid.

EFFECTIVE

3/13/20

EFFECTIVE

11/1/2020

EFFECTIVE

11/1/2021

EFFECTIVE

11/1/2022

EFFECTIVE

11/1/2023 $4.54 $6.53 $6.73 $6.93 $7.14

ARTICLE XII - HOURS OF WORK AND OVERTIME

Section 1. The Company does not guarantee any minimum hours of work each workweek except as defined by the Scope of Work. If the customer closes the worksite due to a site-specific need, employees will be paid their regular rate of pay for hours that they would have performed duties had the workplace not closed.

Section 2. Overtime is defined as greater than 40 hours worked during a workweek. Overtime will be paid at the rate of time and one half the employee’s base rate of pay. No overtime will be worked except by prior direction of the proper supervisory personnel of the Company.

Section 3. Employees are required to complete their timesheets at the end of each day worked, and sign their timesheets at the end of each pay period. Timesheets will be paid according to the time reported on each employee’s timesheet as of 10 a.m. CST/CDT the business day following the end of the pay period. Any hours worked but reported after this deadline will be paid in the following pay period.

Section 4. In the event the United States Government conducts a work stoppage for any reason, and contract personnel are released from or prevented from working on said contract, the Company and the Bargaining Unit shall negotiate terms of pay and benefits applicable to the time period affected by the work stoppage. Such negotiation shall take place as soon as practicable. The Company shall make every effort to secure funding from the Customer for pay and benefits for Bargaining Unit employees.

ARTICLE XIII - HOLIDAYS, PAID TIME OFF (PTO) AND PAID SICK DAYS

Section 1. Full time employees shall be compensated at their working rate of pay for ten days of holiday pay from the following list:

New Year's Day, Martin Luther King's Birthday, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Day.

In addition to the holidays listed above, the Company will observe any holidays declared as a legal federal holiday by either the Congress or the President. Federal holidays that occur on a

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Saturday or Sunday shall be observed in conformance with the Government.

Section 2.

Effective March 13, 2020, Paid Time Off shall be earned by each full time employee as follows:

2 weeks paid vacation after 1 year of service with a contractor or successor, 3 weeks after 8 years, and 4 weeks after 15 years.

Effective November 1, 2020, Paid Time Off shall be earned by each full time employee as follows:

YEARS OF

SERVICE

ANNUAL

VACATION

TOTAL

VACATION

ACCRUAL BY

PAY PERIOD

MAXIMUM

BALANCE

1-4 80 hours 3.33 120 5-9 120 hours 5.00 160

10-15 160 hours 6.66 200 15+ 200 hours 8.33 240

Section 3. Sick Leave. Effective November 1, 2020, full-time employees shall accrue 1 hour of sick leave for every 30 hours worked, not to exceed 56 hours annually. The cost of sick leave is not to be deducted from Health and Welfare benefits. Employees may carry over sick leave from year to year, but may not accrue more than 56 hours of sick leave at any time.

Section 4. Employees who wish to take vacation without having earned the required amount will be permitted to borrow up to eighty (80) hours from their anticipated vacation earnings. In the event an employee ceases employment with a negative balance, the Company will deduct such amount from the employee's final paycheck. The employee shall execute any additional documentation required to effect such deduction.

Section 5. Holidays, PTO, and Sick Leave Payment-in-Lieu for Part Time Employees On n the employee’s anniversary date, part time employees shall receive a payment in lieu of holidays, PTO, and sick leave in accordance with the following schedule:

o Base rate of pay (plus premiums, if any) x (56 hours sick leave + 80 hours holiday + years of service vacation hours)/2080 x hours worked in the previous year

ARTICLE XIV

NEW OR REVISED JOBS

Section 1. When new or revised bargaining unit jobs are required that cannot be properly encompassed within an existing job specialty, the Company will notify the Association of the requirements. The Association shall have not more than (15) business days from the date of

Page | 13 notification in which to request collective bargaining regarding the rate of pay. If necessary, the requirement to bargain is subject to the grievance procedure up to and including arbitration.

Section 2. The Company has the right to determine the job qualifications. Copies of new or revised job descriptions and required qualifications shall be retained by the Site Manager and shall be made available to employees upon request. The Association shall be advised, in writing, of any revisions or modifications of job descriptions or qualifications.

Section 3. If new job categories are assigned to the contract, the Company will hire the incumbent employee (if any) to the new job category if qualified.

ARTICLE XV- 401(K) PLAN

Section 1. The Company shall provide a 401(K) plan for bargaining unit employees upon completion of the 90 day probationary period. Eligible employees may elect to defer compensation within the limitations provided by the plan. All conditions of participation shall be governed by the Plan document, including the requirement that part time employees work a minimum number of hours within one year of service in order for that year to count towards the vesting schedule.

Currently, the Company provides a 50% match of employee contributions, with an annual cap on Company contributions of $1,000.

Effective November 1, 2020, the Company shall provide a non-elective contribution (NEC) equal to four (4%) percent of the employees regular pay (hourly wages), which shall be deposited into the employee’s 401(K) plan each pay period.

Section 2. The Company has the right to change 401(k) Plan providers, administrators, terms, and conditions, including the right to terminate the 401(k) Plan, if done for the rest of the Company's employees.

ARTICLE XVI - LEAVE OF ABSENCE

Section 1. Employees shall be eligible for the following leaves in accordance with applicable federal and state regulations and the Company's Employee Handbook. All leave requests shall be in writing and signed by the Company and employee receiving same.

Section 2. Employees shall be eligible for the following leaves in accordance with applicable federal and state regulations and the Company's Employee Handbook. All leave requests shall be in writing and signed by the Company and employee receiving same.

(a) Military Leave - Unpaid Military leave will be granted in accordance with the provisions of federal law. The company will also pay differential pay in accordance with Company policy for up to 10 days of Annual Training (AT) for

Page | 14 full time employees who are members of the reserves or National Guard.

(b) Medical Leave - Medical leave of absence, including disability and caring for loved ones, will be granted to employees in accordance with the applicable provisions of the Family and Medical Leave Act (FMLA), Americans with Disability Act (ADA), Short Term Disability (SDI) and the Company's Employee Handbook. The employee will face no retaliatory actions, i.e. termination, for using benefits.

(c) Emergency Leave - An unpaid leave of absence, not to exceed one (1) month, may be granted under emergency situations at the sole discretion of the Company.

(d) Bereavement Leave - In the event of a death in the employee's immediate family, a non-probationary employee shall be provided up to five days paid leave. "Immediate family" shall be considered as follows: Spouse, registered domestic partner, children, stepchildren, parent, brother, sister, grandparent, grandchildren, son-in-law, daughter-in-law, father-in-law, mother-in-law and legal guardian.

(e) Jury Duty - Any employee called for jury duty in state or federal courts will be granted paid time to serve such jury duty.

Section 2. Employees returning from an extended leave of absence shall follow the directions in the Company's Employee Handbook.

ARTICLE XVII - SAFETY

The Company agrees to comply with all applicable federal and state safety and health laws to the extent permitted by provisions of the Company's contract with the United States Navy. Where concerns regarding federal and state safety and health laws exist within a Government-controlled facility, the Company shall take reasonable steps, in its sole discretion, to contact the Government to have these concerns addressed. The Company shall not be liable for conditions within a Government-controlled facility which are, in the Company’s sole discretion, beyond its control. Employees will observe all safety rules and regulations established by the Company.

ARTICLE XVIII - NO STRIKE - NO LOCKOUT

Section 1. It is the intent of the parties, in the interests of attaining peaceful, orderly relations and efficient, uninterrupted operations, to set forth in this Agreement the obligations of the Company to the Bargaining Unit and the employees it represents, to provide the exclusive procedures through which the Bargaining Unit and the employees shall resort to and secure redress for any grievances arising from this Agreement.

Section 2. The Bargaining Unit shall not cause, authorize, participate in, sanction, encourage or

Page | 15 condone, nor shall any member of the Bargaining Unit take part in, any strike, sympathy strike, work stoppage, sit-down, stay-in, slowdown or employee meeting during working hours (unless called by the Company) in any Company location or any curtailment of work or restriction of production or interference with the operation of the Company.

Section 3. Any employee who causes, authorizes, participates in, sanctions or encourages any strike, sympathy strike, work stoppage sit-down, stay-in, slowdown or employee meeting during working hours (unless called by the Company), curtailment of work, restriction of production, or interference with the operation of the Company, for any reason whatsoever, shall be subject to discipline or discharge.

Section 4. In the event a question of fact exists as to whether or not an employee has been guilty of a violation of this Article, such question of fact may be resolved through the grievance procedure of this Agreement.

Section 5. During the life of this Agreement, the Company will not authorize or direct a lock out.

ARTICLE XIX - SAVINGS CLAUSE

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

ARTICLE XX - DURATION, TERMINATION & MODIFICATION

Section 1. This Agreement shall become effective as of its execution by all parties hereto.

Section 2. This Agreement shall continue in full force and effect without any change or modification whatsoever until 11:59 p.m. on March 31, 2024. If either the Company or the Bargaining Unit desires to terminate this Agreement, then it shall give written notice of such termination to the other party sixty (60) days prior to the end date. If neither party shall give such notice of termination, then this Agreement shall continue in effect for successive one (1) year periods from year to year thereafter.

Section 3. The parties agree that the wages and fringe benefits payable under this Agreement shall apply to and bind all successors and assigns of the Company in accordance with the McNamara-O'Hara Service Contract Act as amended. Continued compliance with the wages and fringe benefits payable under this Agreement shall be a term and condition of any succession by another contractor to the Company’s contract with the government.

Section 4. In the event that the federal government should cancel the Company’s contract for