Attach 3 CBA IAM CBA AFL CIO 1 Jun 2021.pdf

COLLECTIVE BARGAINING AGREEMENT

Between

CHOCTAW DEFENSE SERVICES INC.

Laughlin Air Force Base, Del Rio, Texas and

LOCAL LODGE 2341 AND AERONAUTICAL

INDUSTRIAL DISTRICT LODGE 776

INTERNATIONAL ASSOCIATION OF

MACHINISTS AND AEROSPACE WORKERS AFL-CIO

EFFECTIVE JUNE 1, 2021 – FEBRUARY 29, 2024

Table of Contents

PREAMBLE

ARTICLE 1

RECOGNITION

Section 1.1 — Recognition of Union

Section 1.2 — Definition of Employees

Section 1.3 — Definition of Probationary Employee

Section 1.4 — Definition of Temporary Personnel

Section 1.5 — Acknowledgment of Union’s Rights and Duties

Section 1.6 — Rules and Regulations

ARTICLE 2

MANAGEMENT RIGHTS

Section 2.1 — Retention of Managerial Prerogatives

Section 2.2 — Work by Management, Supervisors, and non-Bargaining Unit Employees

ARTICLE 2A

UNION RECOGNITION AND EMPLOYEE REPRESENTATION

Section 2A.1 — Union Designated Business Representative, Chief Steward, and Shop Stewards

Section 2A.2 — Authorized Activities of Chief Steward and Shop Stewards

Section 2A.3 — Posting of Union Literature and Information; Bulletin Boards

Section 2A.4 — Union Business

Section 2A.5 — Union Visitation

Section 2A.6 — Consultations

ARTICLE 3

NO STRIKES OR LOCKOUTS

Section 3.1 — Recognition of Important and Vital Work for the United States Government ... 7

Section 3.2 — No Strikes

Section 3.3 — No Lockouts

Section 3.4 — Union Response to Violation of Article 3

Section 3.5 — Disciplinary Action and Discharge for Violation of Article 3

Section 3.6 — Reservation of Rights and Remedies

ARTICLE 4

UNION SECURITY

Section 4.1 — Union Membership

Section 4.2 — Discrimination and Retaliation Prohibited

ARTICLE 5

CHECKOFF

Section 5.l — Checkoff

Section 5.2 — Indemnification of Company

Section 5.3 — Exceptions

Section 5.4 — Processing of Checkoff Authorization Forms

Section 5.5 — Checkoff Authorization Form

Section 5.6 — No Solicitation

ARTICLE 6

GRIEVANCE PROCEDURE

Section 6.1 — Definitions. As used in this Article 6:

Section 6.2 — Procedural Steps

Section 6.3 — Written Presentation

Section 6.4 — Time Limitations

Section 6.5 — Exclusive Remedy

ARTICLE 7

ARBITRATION

Section 7.1 — Appeal Procedure

Section 7.2 — Selection of Arbitrator

Section 7.3 — Arbitrator's Jurisdiction

Section 7.4 — Reporting of the Arbitration Proceedings

Section 7.5 — Fees and Expenses of Arbitration

ARTICLE 8

LAYOFFS, ASSIGNMENTS, AND TRANSFERS

Section 8.1 — Definitions

Section 8.2 — Layoffs

Section 8.3 — Transfers Out of the Bargaining Unit

Section 8.4 — Recall

Section 8.5 — Assignments, Transfers, Promotions, and Filling of Vacancies

Section 8.6 — Termination of Seniority

Section 8.7 — Return of Personnel to the Bargaining Unit

Section 8.8 — Work Below Job Classification

Section 8.9 — Employment and Conflicts with Other Employers

Section 8.10 — Off-Duty Employment

ARTICLE 9

WAGES AND TRAINING COSTS

Section 9.1 — Definition of “Designated Job Classification”

Section 9.2 — Straight-Time Rate of Pay

Section 9.3 — Overtime

Section 9.4 — Rate of Pay for Temporarily Transferred Employees

Section 9.5 — Pay Day

Section 9.6 — Shift Differential Pay

Section 9.7 — Reporting Pay

Section 9.8 — Call-Back and On-Call Pay

Section 9.9 — Training Hours

Section 9.10 — Costs of Training, Transportation, and Lodging

Section 9.11 — No Duplication or “Pyramiding” of Overtime and Other Premium Pay

Section 9.12 – Licensing and Certifications

ARTICLE 10

HOURS OF WORK

Section 10.1 — Purpose of Article

Section 10.2 — Workweek

Section 10.3 — Regular Workweek

Section 10.4 — Workday

Section 10.5 — Regular Workday

Section 10.6 — Schedule

Section 10.7 — Rest and Meal Periods

Section 10.8 — Overtime Work

Section 10.9 — Restricted Reporting

Section 10.10 – Timesheets

ARTICLE 11

HOLIDAYS

Section 11.1 Holidays Observed

Section 11.2 — Eligible Employees

Section 11.3 — No Work on the Holiday

Section 11.4 — Work on the Holiday

Section 11.5 — Holiday During a Scheduled Day Off or PTO

Section 11.6 — Overtime Credit

Section 11.7 — Holiday Observances

ARTICLE 12

PERSONAL TIME OFF

Section 12.1 — Eligible Employees

Section 12.2 — Personal Time Off Allotment and Accrual

Section 12.3 — Personal Time Off Scheduling

Section 12.4 — Use of Personal Time Off

Section 12.5 — Rate of Pay

ARTICLE 13

LEAVES OF ABSENCE

Section 13.1 — Family and Medical Leave

Section 13.2 — Accrued PTO Leave

Section 13.3 — Court Leave

Section 13.4 — Military Leave

Section 13.5 — Bereavement Leave

Section 13.6 — Voting Leave

Section 13.7 — Requests for Leave, Return from Leave, and Hours of Leave

ARTICLE 14

BENEFITS

Section 14.1 — General

Section 14.2 – Medical/Health Care and Other Insurance

Section 14.3 – Changes in Benefits

ARTICLE 14A

IAM 401KPLAN

ARTICLE 15

SAFETY

Section 15.1

Section 15.2 — Work Safety

Section 15.3 — Legal Compliance and Revisions

Section 15.4 – Working Conditions

Section 15.5 – Company Safety Rules

Section 15.6 —Personal Protective Equipment (PPE)

Section 15.7 – Hazardous Materials Handling

ARTICLE 15A

JOB DESCRIPTIONS

Section 15A.1 — Incorporation

Section 15A.2 — Requests for Copies

Section 15A.3 — Revisions and Amendments

ARTICLE 16

DISCHARGE AND DISCIPLINE

Section 16.1 — Discharge

Section 16.2 — Suspensions and Discharges

Section 16.3 — Absences from Work

Section 16.4 — Rules and Regulations

Section 16.5 — Progressive Discipline

Section 16.6---Action

ARTICLE 17

SUBSTANCE ABUSE PROGRAM

Section 17.1 – Issuance and Enforcement

Section 17.2 – Incorporation of Current Substance Abuse Program

Section 17.3 – Legal Compliance and Revisions

ARTICLE 18

OBLIGATIONS IMPOSED BY THE FEDERAL GOVERNMENT AND LAWS

Section 18.1 — Recognition of Obligations

Section 18.2 — Government Security

ARTICLE 19

UNIFORMS AND TOOLS

Section 19.1 — Issuance of Uniforms

Section 19.2 — Maintenance of Uniforms

Section 19.3 — Uniform Loss and Replacement

Section 19.4 — Uniform Disposition Upon Termination of Employment

Section 19.5 — Safety Shoes

Section 19.6 — Tools

ARTICLE 20

SCOPE OF AGREEMENT

Section 20.1 — Duration

Section 20.2 — Separability

Section 20.3 — Waiver of Bargaining Rights and Amendments to Agreement

WAGE SCHEDULE

JOB DESCRIPTIONS

PREAMBLE

This Agreement is made and entered into this 1st day of June, 2021, between Choctaw Defense Services Inc., at Laughlin AFB, Del Rio, Texas 78843 (hereinafter referred to as “the Company”) and Local Lodge 2341 and Aeronautical Industrial District Lodge 776 International Association of Machinists and Aerospace Workers, AFL-CIO (hereinafter referred to as “the Union”).

ARTICLE 1

RECOGNITION

Section 1.1 — Recognition of Union. The Company recognizes the Union, certified by the National Labor Relations Board on June 11, 2004 in Cases Nos. 16-RC-10560 and 16-RC-10561, as the exclusive representative of “employees” as defined in Section 1.2 of this Agreement.

Section 1.2 — Definition of Employees. Whenever used in this Agreement, the term "employees" shall mean all full-time and regular part-time personnel employed in positions listed in Appendix 1 and employed out of and by the Company at its facilities located at Laughlin AFB, Del Rio, Texas 78843, together with personnel employed in such other positions as may become part of the bargaining unit by operations of law or the agreement of the parties; but excluding all other employees, including office employees, clerical employees, guards, professional employees, and supervisors as defined in the National Labor Relations Act, and also excluding all fuel distribution system mechanics included in the unit under the NLRB Certification in Case No. 16- RC-10501 and all material coordinators included in the unit under the NLRB Certification in Case No. 16-RC-10505.

Section 1.3 — Definition of Probationary Employee. An employee who has never been employed by the Company, or an employee rehired after termination of employment with the Company shall be in “probationary” status until the employee has completed ninety (90) calendar days. The transfer, discipline, lay-off, or discharge of an employee who is in probationary status shall not be a violation of this Agreement and shall not be subject to or review able through the grievance procedure or appeal able by arbitration under Articles 6 and 7 of this Agreement. A probationary employee may not bid for another job until they have completed their probationary period.

Section 1.4 — Definition of Temporary Personnel. “Temporary personnel” are persons hired by the Company to work for a period not to exceed one hundred twenty (120) actual work days from the commencement of their employment, will generally not exceed 27 hours work per week or 130 hours work per month and who, prior to the commencement of actual work, have executed a written statement acknowledging such duration of employment. A person initially hired under such conditions may not actually work in excess of one hundred twenty (120) days actual work days from the commencement of employment, except by the mutual written agreement of the Company and the Union. The Company will not use the employment of temporary personnel for the purpose of displacing other employees or preventing payment of overtime compensation to employees.

Section 1.5 — Acknowledgment of Union’s Rights and Duties. The Company acknowledges the Union’s rights specifically provided under the terms of this Agreement. As the employees’ representative, the Union recognizes its duty to cooperate in a reasonable manner with the Company, to support the Company’s efforts to assure that each employee performs his or her work and duties, to cooperate and assist in combating and curtailing any and all practices by employees which might decrease efficiency and productivity, and to maintain professional and high standards of quality and service.

Section 1.6 — Rules and Regulations. Employees shall be governed by all Company rules, regulations, and orders which are not in conflict with the terms and conditions of this Agreement. The Union shall be notified of any rule or regulation changes.

ARTICLE 2

MANAGEMENT RIGHTS

Section 2.1 — Retention of Managerial Prerogatives. Except as expressly modified or restricted by a specific provision of this Agreement, all statutory and inherent managerial rights, prerogatives, and functions are retained and vested exclusively in the Company, including, but not limited to the rights, in accordance with its sole and exclusive judgment and discretion: to reprimand, suspend, discharge, or otherwise discipline employees for just cause; to determine the number of employees to be employed; to hire employees, determine their qualifications, and assign and direct their work; to promote, demote, transfer, lay off, recall to work, and retire employees; to set the standards of productivity, the products to be produced, and/or the services to be rendered; to train and develop employees; to determine the amount and forms of compensation for employees; to determine what types and levels of benefits may be provided to employees; to determine whether to share or allocate any awards to employees; maintain the efficiency of operations; to determine the personnel, methods, means, and facilities by which operations are conducted; to set the starting and quitting time and the number of hours and shifts to be worked; to use independent contractors to perform work or services; to subcontract, contract out, close down, or relocate the Company’s operations or any part thereof; to expand, reduce, alter, combine, transfer, assign, or cease any job, department, operation, or service; to control and regulate the use of machinery, facilities, equipment, and other property of the Company or provided for the use or lease of the Company; to introduce new or improved research, production, service, distribution, and maintenance methods, materials, machinery, and equipment; to determine the number, location and operation of departments, divisions, and all other units of the Company; to issue, amend, revise, implement, and enforce policies, rules, regulations, and practices, including but not limited to safety and substance abuse requirements and prohibitions; and to take whatever action is either necessary or advisable to determine, manage, and fulfill the mission of the Company, to manage its operations, and to direct the Company’s working force and employees. These rights are not intended to be all inclusive, but enumerate by way of illustration, the type of rights which belong to and are retained by the Company. The Company’s failure to exercise any right, prerogative, or function hereby reserved to it, or the Company’s exercise of any such right, prerogative, or function in a particular way, shall not be considered a waiver of the Company's right to exercise such right, prerogative, or function or preclude it from exercising the same in some other way not in conflict with the express provisions of the Agreement. No relationship between the parties to this Agreement shall be construed to constitute or create any implied limitation on the Company's authority, rights, functions, prerogatives, or powers.

Section 2.2 — Work by Management, Supervisors, and non-Bargaining Unit Employees.

A) Work performed by management, supervisory and other employees not in this bargaining unit will be restricted to those requirements beyond the capabilities of bargaining unit employees or as provided in Section 2.2(b) below.

B) Management, supervisory and other employees not in this bargaining unit may perform work of employees covered by this Agreement under the following conditions and circumstances:

1) For the purpose of instructing and training employees.

2) Under emergency conditions.

3) To prevent harm or injury to employees, other persons, or damage to property.

4) When necessitated by security requirements.

5) When required for safety.

6) When bargaining unit employees lack the technical ability to perform the work required and when work being performed is not used to avoid paying overtime, to avoid paying wages for a higher classification, or to displace a bargaining unit employee.

7) When required to maintain personal qualifications and proficiency of the managers or supervisory personnel and when the work being performed is not used to avoid paying overtime, to avoid paying wages for a higher classification, or to displace a bargaining unit employee.

8) To cover absences and temporary vacancies if no other bargaining unit employee capable of doing the work is available. (Management may also utilize other employees not in this bargaining unit staff to perform bargaining unit work in the situations described in this sub-section).

ARTICLE 2A

UNION RECOGNITION AND EMPLOYEE REPRESENTATION

Section 2A.1 — Union Designated Business Representative, Chief Steward, and Shop Stewards.

A) Recognition of Designated Business Representative, Chief Steward, and Shop Stewards.

1) The Company agrees to recognize the shop stewards, chief steward, and Designated Business

Representative duly authorized by the Union to represent those employees covered by the terms of this Agreement. The Union shall inform and designate in writing to the Company the person who is the Union’s duly authorized Designated Business Representative, and designees, and shall promptly inform the Company in writing of any change in designation of the Designated Business Representative, and designees. From among the bargaining unit employees employed by the Company, the Union will designate and the Company will recognize a chief steward and not more than four (4) shop stewards to serve as the Union’s agents in the representation of employees. The individual shop stewards will be selected from and assigned to one of the following work areas to represent the employees in that shop steward’s area:

a) Area A: Supply Group.

b) Area B: Grounds Maintenance Group.

c) Area C: Transportation Group.

2) The Union will designate, and the Company will recognize, the chief steward as the Union’s agent in the representation of all bargaining unit employees in all work areas for processing grievances to Step 3. The chief steward shall only represent an employee in the absence of or in lieu of the particular shop steward designated for the employee’s work area.

3) The Designated Business Representative, or his or her designee, only shall represent the Union and bargaining unit employees appearing as a unit or group, to initially investigate and discuss, attempt to resolve, or to raise or file grievances that constitute “Union policy grievances” that question the Company’s interpretation of the intent and purpose in the application of a specific article or section of this Agreement and that do not pertain to individual employees’ grievances.

4) The Company shall not recognize any employee as a chief steward or a shop steward unless the Union has notified the Company, in writing, of the employee’s name, department, and designation as the chief steward or as a shop steward. The Company will provide this information to each Supervisor having authority over employees covered by this Agreement.

5) The number of shop stewards and the work areas to be represented by the shop stewards under this Agreement may be modified at any time by the Company and the Union upon their mutually agreeing in writing to such a modification. Notwithstanding any other provision of this Agreement, no steward will be transferred out of the steward’s assigned work area or to a different shift so long as there is work available in the area or on the shift for which the steward is qualified to perform, except by written agreement of the Company and the Union or if necessitated by an emergency or operations and commitments under the Company’s contract with the U. S. government (client/customer).

B) Compensation of Chief Steward, Shop Stewards, and Employees. Except as may be otherwise specifically provided in this Agreement, the chief steward, the shop stewards, and employees shall not be compensated by the Company for their duties on behalf of the Union or for any time that they are taken away from their work.

Section 2A.2 — Authorized Activities of Chief Steward and Shop Stewards.

A) A steward (meaning either the chief steward or a shop steward, but not both) shall be authorized to investigate grievances and to represent Grievants in accordance with Article 6 of this Agreement.

The scope of the activities of the stewards during scheduled work hours shall be limited and only authorized as follows:

1) The steward is authorized to meet and consult with an employee regarding a question concerning this Agreement, complaint, an alleged grievance or the presentation of a grievance for which the employee desires the steward to be present.

2) The steward is authorized to investigate an alleged grievance or a grievance of record before presentation to the appropriate supervisor.

3) The steward is authorized to present a question concerning this Agreement, complaint, an alleged grievance, or a grievance to an employee’s immediate supervisor in an attempt to settle the matter for the employee or group of employees who may be similarly affected.

4) The steward is authorized to meet with an appropriate supervisor or other designated representative of the Company when necessary to adjust grievances in accordance with the grievance procedure in Article 6 of this Agreement.

5) A steward, who is a grievant, shall not be allowed to be the steward or to function as a steward for his or her own grievance.

6) Time spent by the steward in investigating a grievance shall be the minimum amount of time necessary to perform the specific investigation involved.

7) With reasonable prior notice to and permission of the steward’s immediate supervisor and subject to other provisions of this Agreement, the steward shall be authorized to meet with a grievant and to investigate a grievance during the steward’s working hours for a reasonable period of time on the Company’s premises.

8) Total paid time shall not exceed six (6) hours for the participation and activities of the grievant and the steward in grievance proceedings.

B) The necessary time away from the steward’s official work assignment shall be scheduled as far in advance as practical to minimize interruption of work flow. When the steward finds it necessary to discuss a problem or labor-management disagreement with a bargaining unit employee or management official, or both, the steward shall request permission to leave the steward’s work assignment from the steward’s supervisor. If the need should arise for a steward to enter another supervisor’s work area, the steward’s supervisor will contact the supervisor of that other work area to establish and schedule a time for the steward to enter the area. In each instance, the supervisor’s permission will be granted unless work commitments dictate otherwise. If permission is initially denied, the supervisor shall expeditiously establish and schedule an alternate time at which the steward can contact the employee.

C) Stewards shall not handle any grievance arising outside of their respective work areas, unless the steward assigned to an area is absent and is not expected to return to work promptly enough to handle the grievance, in which event the steward or chief steward assigned to the area nearest the area of the absent steward will be permitted to handle grievances in such absent steward’s work area.

Section 2A.3 — Posting of Union Literature and Information; Bulletin Boards.

A) The Company will permit the Union to use portions of bulletin boards on the Company's premises at the Company at its facilities located at Laughlin AFB, Del Rio, Texas 78843, on a space available basis for the purpose of posting legitimate Union notices. The Union will be permitted to install, at its own expense, additional bulletin boards as needed and subject to the approval of the Project Manager for the purpose of posting legitimate Union notices at the Company’s facilities located at Laughlin AFB, Del Rio, Texas 78843. Legitimate Union notices are defined as:

1) Notices of meetings.

2) Notices of official Union elections and results.

3) Notices of official Union appointments.

4) Official notice of Union recreational and social events.

5) Other notices that shall be specifically approved by the Project Manager.

B) All postings by the Union must be approved by the Designated Business Representative. Only the chief steward or the shop stewards shall be authorized to post notices on the bulletin boards. All notices posted on the bulletin board must be dated.

C) Only the chief steward and the shop stewards shall be permitted to remove notices on the bulletin boards; however, any materials or notices posted on the bulletin board in violation of this Section 2A.3 may be removed and retained by the Project Manager. The Project Manager will promptly notify the chief steward of the removal of the material and the reason for its removal. The chief steward, upon request, shall be allowed at a mutually convenient time to meet with the Project Manager to inspect and copy at the Project Manager’s office any materials that the Project Manager has removed under this subparagraph (c) of Section 2A.3.

D) The internal mail system, voice mail system, telecommunication system, and its computer, e- mail, and Internet systems of the Company and the government shall not be used by the Union, the chief steward, or the shop stewards to distribute any communications or correspondence to employees.

Section 2A.4 — Union Business. Except as otherwise provided in this Agreement, the Company shall not be required to pay an employee for any time or leave taken from work by that employee to serve the Union in any official capacity, to serve on any Union committee, or to attend Union- sponsored conventions and seminars. The Project Manager will favorably consider leave under this Section 2A.4 unless the Project Manager determines that the employee’s absence would unreasonably interfere with or adversely affect the operations and commitments of the Company or the operations or mission of the United States government (customer/client).

Section 2A.5 — Union Visitation.

A) Grievance Investigations and Meetings with the Company. Subject to any security regulations promulgated by the Company or the United States government (customer/client), the Union’s Business Representative will have access to the Company’s work areas during working hours for the purpose of investigating grievances or complaints that have arisen or for attending meetings in accordance with the grievance procedure set forth in Article 6 of this Agreement and such other meetings as may be scheduled and coordinated between the Designated Business Representative and the Company’s Project Manager (or his designated delegate). The access of the Business Representative under this Section 2A.5(a) shall be limited to the meeting space designated by the Project Manager.

B) Such access to the Company’s premises may be denied if such access, in the judgment of the Company or the Project Manager, would endanger the life, safety, or health of any person or would risk damage to equipment or property, or if such access, as determined by the Company or the Project Manager, would unreasonably interfere with or adversely affect the operations of the Company or the operations and mission of the United States government (customer/client).

Otherwise, access will not be unreasonably withheld.

C) Before proceeding to the designated work area, the Designated Business Representative (and such other Union business representatives as the Company’s Project Manager may approve in advance) shall inform the Project Manager or his or her staff by telephone of when the Designated Business Representative enters the Company’s premises.

D) Indemnification. The Union shall defend, indemnify, and hold harmless the Company, the Project Manager, and, as applicable any agent or representative of the Company, whether individually or collectively, from any and all claims, demands, suits, judgments, costs, liabilities, or expenses (hereinafter “Claims”) on account of any loss or injury to a Union representative, who is not employed by the Company, occurring during the time the Union or any of its representatives or agents, who are not employees of the Company, have access to the premises of the Company, except to the extent that such Claims are not caused by the negligence or willful act or omission of the Company, the Project Manager, and, as applicable any agent or representative of the Company.

Section 2A.6 — Consultations. The Company, or its authorized representative, will meet and confer with Union officers, agents, and representatives, who have been duly selected, designated, and authorized by the Union, upon all questions and disputes that may arise between the parties to this Agreement during its term. Every effort will be made by the Union and the Company to settle these questions and differences promptly in the simplest and most direct manner, without resort to grievance proceedings or arbitration, if applicable. Such consultations that result in mutually agreed resolutions shall be recorded in memoranda that briefly, but accurately, summarize the circumstances of the dispute or question, specify the details of the resolution, and are signed and dated by the authorized representatives of the Company and the Union, provided, however, that such memoranda shall not become a part of this Agreement and shall not be regarded as having amended, altered, added to, detracted from, or modified this Agreement.

ARTICLE 3

NO STRIKES OR LOCKOUTS

Section 3.1 — Recognition of Important and Vital Work for the United States Government. The Union and the Company expressly acknowledge and recognize the business and operations of the Company are directly related to the important and vital work of the United States government and that efficient and uninterrupted services must be furnished to those agencies that have need of and make use of the capabilities of the Company.

Section 3.2 — No Strikes. In consideration of the Company’s commitment as set forth in Section 3.3 of this Agreement, the Union, its officers, agents, representatives, employee representatives, stewards, committeemen and members, and bargaining unit employees shall not, in any way, directly or indirectly, instigate, lead, engage in, authorize, cause, sanction, assist, encourage, participate in, ratify, or condone any strike, sympathy strike, slowdown, work stoppage, or any other interference with or interruption of work at any of the Company’s operations, whether or not such a strike, sympathy strike, slowdown, work stoppage, or other interference with or interruption of work (a) involves a matter subject to resolution pursuant to the grievance and arbitration procedures set forth in Articles 6 and 7 of this Agreement; or (b) involves a matter specifically referred to or covered in this Agreement; or (c) involves a matter which has been discussed between the Company and the Union; or (d) involves a matter which was within the knowledge or the contemplation of the Union and the Company at the time this Agreement was negotiated or executed. Employees are not prohibited from engaging in strike activity outside of Laughlin AFB except as prohibited in this Section 3.2. Also, no employee will engage in strike activity while wearing a Company uniform.

Section 3.3 — No Lockouts. In consideration of the Union’s commitment as set forth in Section

3.2 of this Agreement, the Company shall not engage in any lock out of employees.

Section 3.4 — Union Response to Violation of Article 3. In the event of a violation of this Article 3, the Union, and its officers, agents, and members collectively agree that they will use their best efforts to end such prohibited conduct, utilizing every possible means to include but not be limited to:

A) Requesting through personal contact or meeting with employees that they comply with the Agreement and not take part in any prohibited conduct.

B) Notifying all employees by mail that such prohibited conduct is unauthorized and in violation of the Agreement.

C) Requesting those employees violating this Agreement to return to work and/or otherwise fully comply with the terms of this Agreement.

Section 3.5 — Disciplinary Action and Discharge for Violation of Article 3. The Company reserves the right and maintains the right under this Agreement to discipline, discharge, or permanently replace, whichever the Company deems appropriate, any employee taking part in any violation of this Article 3 of the Agreement. Employees will have the right to grieve and arbitrate any such action under Articles 6 and 7 of this Agreement.

Section 3.6 — Reservation of Rights and Remedies. Nothing in this Article 3 shall preclude or waive any right, to which the Company or the Union previously was entitled, to seek legal or other redress of and recovery in any forum or tribunal with jurisdiction from any individual who has caused damage to, caused injury to, or loss of Company or Union property, nor do the parties to this Agreement concede or waive any rights in this regard to which they may be entitled by future legislation.

ARTICLE 4

UNION SECURITY

Section 4.1 — Union Membership.

A) Each bargaining unit employee covered by the Agreement who is not a member of the Union may become and remain a member of the Union. The terms of this Agreement apply to all bargaining unit employees, whether or not they are members of the Union.

Section 4.2 — Discrimination and Retaliation Prohibited. There shall be no discrimination or retaliation by the Company or Union against a bargaining unit employee because of membership or non-membership in the Union.

ARTICLE 5

CHECKOFF

Section 5.l — Checkoff.

A) During the existence of the Agreement, the Company, insofar as permitted by state and federal Law, shall deduct out of the current net earnings payable to an employee covered by this Agreement, Union dues, initiation fees, and reinstatement fees, upon receipt of and in accordance with a deduction authorization, duly executed by the employee, a Checkoff authorization in the form set forth in Section 5.5 of this Agreement and shall continue deductions until such authorization is duly revoked by the employee.

B) Deduction from money due the employee pursuant to this Article shall be made from the net earnings due the employee payable on the first regular payday in each month, provided the

Company has received such authorization and notice from the Secretary-Treasurer of District Lodge 776 by the 25th day of the preceding month in which such deductions are made. There shall be only one remittance per month by the Company. Deductions shall be remitted to the Secretary- Treasurer of District Lodge 776 not later than ten (10) days following the payday on which the deductions were made. The Company shall furnish to the Secretary-Treasurer of District Lodge 776 at the same time, a list showing those members for whom deductions have been made and the amount thereof, along with a list showing those members for whom deductions were not made during the same pay period. If the Union does not keep the Company apprised of the current address of Secretary-Treasurer of District Lodge 776, the Company will not be obligated to make the submissions required by this subparagraph to those persons whose addresses are not maintained current with the Company.

C) For any future payroll periods, the Company will not deduct, nor will be required to deduct, any amount to pay for any deduction that was not previously paid by operation of this Section 5.1(c).

In the event an employee does not have sufficient earnings on the first regular payday in the month to cover the amount of said deductions for that month, the Company shall make such deductions from the earnings due the employee on the first regular payday of the next succeeding month.

Except as provided above, deductions for dues shall be for the current month only.

D) If an employee is promoted or transferred to a classification not covered by this Agreement or the employee’s employment is otherwise terminated; the Company shall cease deducting dues from such employee. If the Company ceases to deduct any employee’s dues, or if applicable, the initiation fee or a reinstatement fee, for any reason, the Company will submit the name of each such employee and the reason for ceasing the deduction to Secretary-Treasurer of District Lodge 776 at the same time the monthly deduction list is remitted.

E) Disclosure of Union Dues to the Company. In making deductions and remittances for reinstatement fees, initiation fees and dues to the Union, the company is entitled to rely upon the notification of the Secretary Treasurer of District Lodge 776 of the amount of money due to the Union by an employee.

Section 5.2 — Indemnification of Company. The Union agrees to and does hereby hold and save the Company harmless from any and all liability, responsibility, or damage for deduction, payment authorization, or notification as provided for in this Article, specifically including, but not limited to, the company’s agreement to deduct Union dues, initiation fees and reinstatement fees from the employee’s pay check and the Union assumes full responsibility for the disposition of the funds so deducted when turned over to the Secretary-Treasurer of the Union.

Section 5.3 — Exceptions. The Company will not deduct from the pay of any employee any Union fines, penalties, special assessments, or contributions to the Union, charities, or political action groups or campaigns, or any other fees other than dues, initiation fees, and reinstatement fees as set forth above.

Section 5.4 — Processing of Checkoff Authorization Forms.

A) The Checkoff authorization forms:

1) Shall be in conformance with the form specified in Section 5.5;

2) Shall be the only form used by the bargaining unit employees who wish to initiate and authorize deductions at each payroll period for Union membership dues; and

3) Prior to submission to the Company, shall contain all the information required for processing.

B) Checkoff authorization forms that are incorrectly filled out or do not contain all the information necessary for payroll processing will be returned to the Union to have the defects corrected, and the Company will neither be authorized nor required to make any such deductions until those defects are corrected and a properly completed authorization form is furnished to the Company.

Section 5.5 — Checkoff Authorization Form. The Company shall not deduct any monies from an employee’s wages pursuant to Section 5.1 of this Agreement unless the Checkoff authorization executed by the employee conforms exactly to the mutually agreed upon form.

Section 5.6 — No Solicitation. No Solicitation. There shall be no solicitation of employees for Union membership or dues conducted upon the premises of the Company during times when either the employees being solicited or the employees performing such solicitation are being paid by the company to perform work. Solicitation shall not be harassing, aggressive, or repetitive, and the Union will honor an employee's requests for non-solicitation. The Company will provide to the Union with a list showing the names of newly hired employees to the bargaining unit and the classification to which they have been assigned by the Company within three (3) work days of the employee's hiring and reporting to work. A chief steward or a steward will be allowed a reasonable time to have an initial visit at the Company's premises with the newly hired employee.

ARTICLE 6

GRIEVANCE PROCEDURE

Section 6.1 — Definitions. As used in this Article 6:

A) Grievance. A grievance shall mean a dispute between an employee, or the Union, and the Company involving an alleged violation of or an interpretation or application of the specific and express terms and provisions of this Agreement, except those disputes, terms, provisions, or matters expressly excluded from being grieved under this Article 6 by other provisions of this Agreement.

B) Days. The term “days” shall mean calendar days, excluding any day observed as a holiday as provided in this Agreement in Section 11.1 of Article 11.

C) Employee. The term “employee” shall mean an individual bargaining unit employee or a group of bargaining unit employees having the same grievance. In the case of a group of employees, one employee shall be designated by the group to act as spokesperson and to be responsible for processing the grievance.

Section 6.2 — Procedural Steps.

A) Step 1 — Oral Notice to Immediate Supervisor. Both parties encourage the verbal resolution of disputes as quickly as possible. A grievant shall discuss the dispute with the immediate supervisor involved and may, upon request, have a steward present during this discussion. Any such discussion with an immediate supervisor during regular work hours will be without loss of pay. Such discussion must be requested or initiated by the employee within ten (10) calendar days following the date of the occurrence of the condition or event upon which the grievance is based or was made aware of the condition or event. Step one (1) oral grievance shall be documented with a form signed and dated by the grievant and the supervisor to establish the time limit. The immediate supervisor should promptly meet with the employee for this discussion the same day if possible but no later than three (7) calendar days from the employee’s initiation or request for the discussion. The employee shall be provided representation if requested. The immediate supervisor shall orally respond to the grievant within seven (7) calendar days after the aforementioned discussion. If the grievance is not satisfactorily resolved verbally within this seven day period, the grievance may proceed to Step 2.

B) Step 2 — Written Grievance to Immediate Supervisor. If the grievance is not settled at Step 1, the steward on behalf of the employee, not later than seven (7) calendar days after the immediate supervisor’s response to the Step 1 grievance, must submit a written grievance, signed by the employee and the second line Manager, to the second line Manager. The second line Manager shall give his or her written answer to the grievance as soon as possible but within seven (7) calendar days after receipt of the written grievance. At any meetings or conferences held between the employee and the second line Manager, the employee may be represented and accompanied by a steward.

Once a grievance is presented, no new violations or issues can be raised in that grievance.

C) Step 3 — Written Appeal to the Vice President. If the grievance is not settled at Step 2, the steward on behalf of the employee, not later than seven (7) calendar days after the receipt by the employee or the steward of the second line Manager written answer at Step 2, may file a written appeal of that answer to the Vice President. The written appeal shall be signed by the employee and the Project Manager and shall include a copy of the written grievance submitted at Step 2 and a copy of the Step 2 response together with all documents and other evidence provided in Step 2 along with any additional documents and evidence as may have been obtained after Step 2 in support of the grievance that may be available. Not later than seven (7) calendar days after receipt of the written appeal, the Vice President, or his or her designee, shall meet with the employee, the steward, the chief steward, and the Union Business Representative, as well as with the employee’s immediate supervisor and the second line Manager to confer and discuss the grievance. This meeting shall be convened at a time when the Union Business Agent is available but not to exceed 45 days. This meeting can also take place with a telephone bridge for any parties not physically present at the site. The Project Manager, or his or her designee, shall give his or her written answer to the grievance within fourteen (14) calendar days after such meeting, which answer shall be final and binding on the employee, the Union, and the Company, unless it is a matter that is subject to review by arbitration and it is timely appealed to arbitration by the Union in accordance with the procedures set forth in Article 7 of this Agreement.

Section 6.3 — Written Presentation. All grievances presented at Step 2 and Step 3 of the procedure set forth in Section 6.2 of this Agreement shall contain the following information:

A) Name of the employee filing the grievance.

B) Date of the alleged grievance.

C) Date of the immediate supervisor’s answer or response to the grievance.

D) Nature of the grievance and the known facts giving rise to the grievance.

E) Date of the presentation and delivery of the written grievance.

F) The provision(s) or section(s) of the Agreement alleged to have been violated.

G) Proposed remedy.

All grievances at Step 2 and appeals at Step 3 of the procedure set forth in Section 6.2 of this Agreement and any written consents for extension of time periods shall be signed and dated by the grievant(s) or the steward of the grievant(s), as applicable. All written answers and any written consents for extension of time periods submitted by the Company shall be signed and dated by the appropriate Company representative. Reasonable extensions will be granted to the Union Business Agent verbally upon request.

Such agreement will be followed with written or electronic confirmation.

Section 6.4 — Time Limitations. The parties understand and agree that the time limits set forth in the various steps of the grievance procedure are essential to the prompt resolution of the grievances. During any procedural step, or within the time limit for proceeding to the next step or to arbitration after a decision by the Company, the Union may accept the Company’s decision; reject the Company’s decision and timely proceed to the next step or arbitration, as applicable; or withdraw the grievance. If such time limits are not met or if the grievant, steward, and/or the Union do not take the required action within the specified time limits (except in those instances where the Union and the Company both consent and agree to extend such time limits), the grievance shall be deemed forever settled and waived. If the Company fails to answer within the time limits set forth in Section 6.2 of this Agreement, the grievance shall be deemed denied on that day as if by receipt of a written answer of denial and may proceed to the next step of the grievance procedure in accordance with and within the time limits of this Article 6 or Article 7, as applicable. Any of the time limits specified in this Article 6 may be extended by a written, mutual agreement and consent by the Company and the Union.

Section 6.5 — Exclusive Remedy. The procedures established by Articles 6 and 7 of this Agreement shall be the exclusive remedy for any grievance arising under this Agreement or for the timely appeal to arbitration of such grievance.

ARTICLE 7

ARBITRATION

Section 7.1 — Appeal Procedure. Any grievance, as defined in Section 6.1 of this Agreement, that has been properly and timely processed through the grievance procedure set forth in Article 6 of this Agreement and that has not been settled at the conclusion thereof, may be appealed to arbitration by the Union serving the Company with a written notice of appeal within ten (10) work days after the Union Business Representative’s receipt of the written answer of the Company at Step 3 of the grievance procedure set forth in Article 6 of this Agreement. The failure to appeal a grievance to arbitration in accordance with this Section 7.1 shall constitute a waiver of the Union’s right to appeal to arbitration, and the answer of the Company at Step 3 of the grievance procedure shall be final and binding on the grievant, the Company, and the Union.

Section 7.2 — Selection of Arbitrator. The appeal to arbitration shall be heard and decided by an arbitrator selected from a list of qualified and impartial arbitrators furnished by the Federal Mediation and Conciliation Service. Not later than fourteen (14) calendar days after the Union serves the Company with a written notice of appeal a grievance to arbitration, the Company and the Union shall jointly request the Federal Mediation and Conciliation Service to furnish to the Company and the Union with a list of seven

(7) qualified and impartial arbitrators. Upon receipt of that list, the Company and the Union shall promptly notify one another if there is objection by either party to all of the arbitrators named in the list provided by the Federal Mediation and Conciliation Service. If such an objection is made, the Company and the Union shall promptly request a new list of arbitrators from the Federal Mediation and Conciliation Service.

Within fourteen (14) calendar days after receipt by the Company and the Union of either the original list if no objection to it was made, or the second list if objection was made, the Company and the Union shall alternately strike names from the list, until one (1) name is agreeable to both parties or until only one (1) name remains. The arbitrator whose name remains shall hear the appeal. The party who files for arbitration will be first to strike a name.

Section 7.3 — Arbitrator's Jurisdiction. The jurisdiction and authority of the arbitrator, and his or her opinion and award, shall be confined exclusively to the interpretation and/or application of the express provision or provisions of this Agreement specifically at issue between the Union and the Company. In considering the appeal, the arbitrator shall be governed by the following provisions and limitations:

A) The arbitrator shall hear all evidence and arguments on the specific issues in dispute, and the written decision of the arbitrator shall be final and binding upon the grievant, the Union, the bargaining unit, and the Company.

B) The arbitrator shall issue his or her decision not later than thirty (30) days from the date of the closing of the hearing or the date of submission of post-hearing briefs, whichever is later. The parties can consent in writing to extending the time for the arbitrator’s submission of a decision.

C) The arbitrator’s decision shall be in writing and shall set forth the arbitrator’s opinion and conclusions on the precise issue or issues submitted. The parties will jointly submit a signed statement setting forth the issue or issues to be decided by the arbitrator, the specific contract provisions alleged to have been violated, and the remedy or relief sought. The stipulated issue or issues shall be the sole matters to be decided by the arbitrator. Should the parties fail to agree upon the issue, each party may submit a separate statement of issues it considers in dispute and the arbitrator shall determine, preferably before the hearing, the issue or issues to be arbitrated.

D) The arbitrator shall have no authority to determine any issue or issues other than the precise issue or issues submitted, and the arbitrator shall refrain from issuing any statement, opinion, or conclusion not essential to the determination of the precise issue or issues submitted.

E) The arbitrator shall limit its decision strictly to the application or interpretation, or both, of the specific and express provisions of this Agreement as related to the specific issue or issues submitted.

F) The arbitrator shall be without power and have no authority:

1) To make any decisions contrary to or inconsistent with the terms of this Agreement;

2) To make any decisions which add to, detract from, alter, amend, modify, supplement, or ignore in any way the terms and provisions of this Agreement;

3) To make any decisions which are contrary to or inconsistent with, or which ignore in any way the terms and provisions of this Agreement, applicable law, or any applicable rules or regulations that have the force and effect of law;

4) To make any decisions that establishes or alters any wage rate or wage structure;

5) To make any decision limiting or interfering in any way with the power, duties, and responsibilities of the Company under federal and state laws or other applicable laws, rules, and regulations except as such powers, duties, rights, and responsibilities have been lawfully delegated,…