Attach 4 CBA USW AFL CIO CLC 1 Oct 2021.pdf

COLLECTIVE BARGAINING

AGREEMENT

Between Choctaw Defense Services

Laughlin Air Force Base, Del Rio, Texas

And

The United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (USW), AFL-CIO-CLC

October 1, 2021 i

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

ARTICLE 2A - UNION RECOGNITION AND EMPLOYEE REPRESENTATION

Section 2A.1 - Union Grievance Committee

Section 2A.2 — Authorized Activities of Union Grievance Committee

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

Section 2A.7 — Negotiations

ARTICLE 3 - NO STRIKES OR LOCKOUTS

Section 3.1 — Recognition of Important and Vital Work for the Government

Section 3.2 — No Strikes

Section 3.3 — Discipline for Violation of Section 3.2

Section 3.4 — No Lockouts

Section 3.5 — Injunctive Relief

Section 3.6 — Expedited Arbitration

Section 3.7 — Injunctive Relief Pending Expedited Arbitration

Section 3.8 — Damages and Other Remedies

Section 3.9 — 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 ii

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

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 — Layoff

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. — Off-Duty Employment

Section 8.10 — Bargaining Unit Work

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 iii

Section 9.6 — Shift Differential Pay

Section 9.7 — Reporting Pay

Section 9.8 — Call-Back and On-Call Pay

Section 9.9 — Disaster Preparedness and Environmental Teams

Section 9.10 — Costs of Training

Section 9.11 — No Duplication or “Pyramiding”

Section 9.12– Licenses 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 — Essential Employees

ARTICLE 11 - HOLIDAYS

Section 11.1 — Holidays Celebrated

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 Period

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 iv

Section 13.2 — Accrued Personal Time Off In Lieu of 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

Section 14.4 — 401(k) Plan

ARTICLE 15 - SAFETY

Section 15.1 — Safety Plan

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 — Job Descriptions

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 v

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 — Issuance of Tools

Section 19.7— Issuance of Equipment

ARTICLE 20 - SCOPE OF AGREEMENT

Section 20.1 — Duration

Section 20.2 — Separability

Section 20.3 — Waiver of Bargaining Rights and Amendments to Agreement

Signature Page for Additional Union Signatories for Collective Bargaining Agreement Between Choctaw Defense Services Inc. ................................................................... Error! Bookmark not defined.

APPENDIX I

APPENDIX II

PREAMBLE

This Agreement is made and entered into this 1st day of October 2021, between Choctaw Defense Services Inc. (hereinafter referred to as “the Company”) and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (USW), AFL-CIO-CLC (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 30, 2003 in Case No. 16-RC-10501 and on July 16, 2003 in Case No.16-RC-10505, 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 civil engineering facility located at 251 4th Street, Building 100, Laughlin AFB, 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 temporary personnel as defined in Section 1.4 of this Agreement, office clericals, managerial personnel, watchmen, guards, professional employees, confidential personnel, and supervisors as defined in the National Labor Relations Act.

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 he or she has completed ninety

(90) days of actual work. 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 reviewable through the grievance procedure or appealable by arbitration under Articles 6 and 7 of this Agreement.

This Section 1.3 shall not apply to any employee who was actively employed by the Company’s predecessor immediately prior to the Company’s employment of the employee.

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 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. Bargaining unit employees on layoff status will be given first consideration, providing they meet the minimum qualifications, to fill temporary positions. Bargaining unit employees who accept temporary positions will receive pay and benefits in accordance with the position being filled.

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.

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 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.

ARTICLE 2A - UNION RECOGNITION AND EMPLOYEE REPRESENTATION

Section 2A.1 - Union Grievance Committee.

(a) Recognition of Union Grievance Committee. From among the bargaining unit employees employed by the Company, the Union will designate, and the Company will recognize, not more than four (4) employee representatives to serve on the Union Grievance Committee as the Union’s agents in the representation of employees. One of the four designated employee representatives on the Union Grievance Committee will be the local Union President. (The local Union President and the other three (3) employees designated as employee representatives on the Union Grievance Committee are hereinafter referred to collectively as “employee representatives” or individually as “employee representative.”) The Company shall not recognize any employee as an employee representative on the Union

Grievance Committee unless the Union has notified the Company, in writing, of the employee's name, department, and designation as an employee representative on the Union Grievance Committee. The number of employee representatives on the Union Grievance Committee 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.

(b) Compensation of Employee Representatives on the Union Grievance Committee While Engaged in Union Activity. Except as may be otherwise specifically provided in this Agreement, the employee representatives on the Union Grievance Committee shall not be compensated by the Company for their duties on behalf of the Union.

Section 2A.2 — Authorized Activities of Union Grievance Committee.

(a) For any single grievance, only one of the employee representatives on the Union

Grievance Committee shall be authorized to investigate that grievance and to represent the grievant(s) in accordance with Article 6 of this Agreement. The scope of the activities of the employee representatives on the Union Grievance Committee during scheduled work hours shall be limited and only authorized as follows:

(1) The employee representative on the Union Grievance Committee for a particular grievance (hereinafter “the employee representative”) is authorized to meet and consult with an employee regarding an alleged grievance or the presentation of a grievance for which the employee desires the employee representative to be present.

(2) The employee representative is authorized to investigate an alleged grievance or a grievance of record before presentation to the appropriate manager.

(3) The employee representative is authorized to present an alleged grievance or a grievance to an employee's immediate manager in an attempt to settle the matter for the employee or group of employees who may be similarly affected.

(4) The employee representative is authorized to meet with an appropriate manager 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) An employee representative, who is a grievant, shall not be allowed to be the employee representative or to function as employee representative for his or her own grievance.

(6) Except as may be otherwise specifically provided in this Agreement, the employee representatives shall perform any activities or duties as an employee representative on behalf of the Union, including investigating a grievance, during times when they are not scheduled to work for the Company.

(7) The Company will pay an employee representative, at the straight-time rate of pay for such employee representative’s designated job classification, for scheduled work hours lost in attendance at a meeting convened at Step 3 of the grievance procedure set forth in Article 6 of this Agreement, if the employee representative is attending the meeting pursuant to the right granted by the provisions of the Step 3. The grievance procedure should not take longer than 4 hours.

(b) Recognizing the mutual benefit of resolving problems at the lowest level, any employee who has an alleged grievance should first discuss the matter with his or her immediate manager, with or without the employee’s employee representative present at the employee’s discretion. If the alleged grievance is of the nature that the degree of the immediate manager’s involvement or conduct related to the alleged grievance would make such a discussion clearly unproductive or futile, the employee then should first discuss the alleged grievance with his or her next level manager with or without the employee’s employee representative present at the employee’s discretion. Nothing in this subparagraph is intended to preclude and does not preclude an employee from initially discussing any concerns or alleged grievances with his or her employee representative.

(c) The necessary time away from the employee representative’s official work assignment shall be arranged in a manner to minimize interruption of work flow. When the employee representative finds it necessary to discuss a problem or labor-management disagreement with a bargaining unit employee or management official, or both, the employee representative shall request permission to leave his or her work assignment from the employee representative’s manager. If the need should arise for an employee representative to enter another manager’s work area, the employee representative’s manager will contact the manager of that other work area to establish and schedule a time for the employee representative to enter the area. In each instance, the manager’s permission will be granted unless work or operation commitments dictate otherwise. If permission is initially denied, the manager shall establish and schedule an alternate time at which the employee representative can contact the employee within two (2) work days.

(d) In the event that there is no employee representative present at the work site to provide representation for a bargaining unit employee, the Company shall be authorized, and is hereby authorized by the Union, to contact and request the presence at the work site of an off-duty employee representative, without pay or benefits during off-duty hours or at times otherwise limited under this Agreement, to provide representation to a bargaining unit employee upon that employee’s request. If no employee representative is available and other employee representatives either are unavailable or refuse to come to the work site as requested, the Company is authorized, in any proceeding or action normally requiring union representation or the presence of an employee representative, either to defer proceeding and taking any action until a later time when an employee representative is available or to proceed or take action without the presence of an employee representative if the circumstances warrant immediate action. The Union hereby expressly waives any claim, and will not bring any claim, of an unfair labor practice or a violation of this Agreement based on the Company’s taking action without the presence of an employee representative or the Company’s deferring any action until an employee representative is available as authorized by this subparagraph (d) of Section 2A.2. Nothing in this subparagraph (d) will preclude the employee from grieving or arbitrating the actual employment action taken against the employee if such action is otherwise grievable under Article 6 or arbitrable under Article 7 of this Agreement.

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

(a) To the extent bulletin boards are permitted to be used by the Company, the

Company will permit the Union to use portions of bulletin boards on the Company's premises at the Company at its civil engineering facility located at 251 4th Street, Building 100, Laughlin AFB, 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 Program Manager for the purpose of posting legitimate Union notices at the Company’s civil engineering facility located at 251 4th Street, Building 100, Laughlin AFB, Texas

8843. 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 in writing by the Program

Manager. The denial of permission by the Program Manager to post any other notices under this subparagraph (a)(5) of Section 2A.3 shall not be a matter that can be grieved under Article 6 and cannot be appealed to arbitration under Article 7 of this Agreement.

(b) Only the employee representatives on the Grievance Committee, the local Union President, the local Union Vice President, and the local Union Recording Secretary shall be authorized to post notices on the bulletin boards. All notices posted on the bulletin board must be dated and bear the signature and printed name of the employee representatives on the Grievance Committee, the local Union President, the local Union Vice President, or the local Union Recording Secretary who posted the notice.

(c) Only the employee representatives on the Grievance Committee, the local Union President, the local Union Vice President, and the local Union Recording Secretary 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 Program Manager. The Program Manager will promptly notify the local Union President of the removal of the material and the reason for its removal. The local Union President may request and upon that request be allowed at a mutually convenient time to meet with the Program Manager to inspect and copy at the Program Manager’s office any materials which the Program 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 or the employee representatives on the Grievance Committee 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 Program Manager may refuse to grant leave under this Section 2A.4 if the Program Manager determines that any employee’s absence would unreasonably interfere with or adversely affect the operations of the Company or the operations or mission of the United States government (customer/client).

Section 2A.5 — Union Visitation.

(a) 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 or Staff Representative may enter upon the Company’s premises to attend meetings at Step 3 of the grievance procedure set forth in Article 6 of this Agreement and such other meetings as may be scheduled between the Business Representative or the Staff Representative and the Company’s Program Manager (or his designated delegate).

The access of the Business Representative or the Staff Representative under this Section 2A.5 (a) shall be limited to the meeting space designated by the Program Manager.

(b) Other Access.

(1) Subject to any security regulations promulgated by the Company or the

United States government (customer/client), the Union’s Business Representative, Staff Representative, or other authorized business representatives of the Union as the Company’s Program Manager may approve in advance, will be granted access to such areas of the Company’s premises and for such purposes and at such times as the Program Manager may approve.

(2) Such access to the Company’s premises may be denied if such access, in the judgment of the Company or the Program 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 Program 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.

(3) Before proceeding to the designated work area, the Business Representative or the Staff Representative (and such other Union business representatives as the Company’s Program Manager may approve in advance) shall report to the Program Manager (or other authorized Company representative designated in writing by the Program Manager), who shall permit the Union representative (or representatives) to enter the Company’s premises and proceed to the designated area. The Union representative or representatives shall likewise inform the Program Manager (or other authorized Company representative designated in writing by the Program Manager) when the Union representative or representatives leave the Company’s premises.

(c) Limited Waiver of Right of Access. Representatives or agents of the Union who are not bargaining unit employees of the Company shall only be authorized and permitted to enter upon the Company’s premises upon obtaining written permission from the Program Manager in accordance with this Section 2A.5.

(d) Indemnification. The Union shall defend (at the Union’s expense), indemnify, and hold harmless the Company, the Program 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 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.

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.

Section 2A.7 — Negotiations.

(a) The parties agree that all collective bargaining is to be conducted between the negotiating team designated by the Union and the negotiating team designated by the Company. The negotiation sessions shall be held at a mutually agreed neutral location and facility with the Union and the Company sharing the costs of the facility equally.

(b) The Union may designate up to four (4) bargaining unit employees to serve on its negotiating team and up to two (2) bargaining unit employees to serve as alternates for negotiating team members who are unable to attend a negotiation session.

ARTICLE 3 - NO STRIKES OR LOCKOUTS

Section 3.1 — Recognition of Important and Vital Work for the 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 3.4 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, 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 at the time this Agreement was negotiated or executed.

Section 3.3 — Discipline for Violation of Section 3.2.

The failure or refusal on the part of any employee to comply with the provisions of Section 3.2 of this Agreement shall be cause for immediate discipline, including discharge. The failure or refusal by a Union officer, agent, representative, employee representative, steward, or committeeman to comply with the provisions of Section 3.2 of this Agreement constitutes leading and instigating a violation of said Section 3.2, it being specifically agreed that the Union officers, agents, representatives, employee representatives, stewards, and committeemen, by accepting such positions, have assumed the responsibility of affirmatively preventing violations of Section 3.2 of this Agreement by reporting to work and performing work as scheduled or required by the Company. Nothing in this Section 3.3 will preclude nor waive the right of the employee, the Union, or the Company to bring or file any claim under the National Labor Relations Act before the National Labor Relations Board or in court, as appropriate.

Section 3.4 — 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 3.5 — Injunctive Relief.

In the event of an alleged violation of Sections 3.2 or 3.4 of this Agreement arising out of a matter subject to resolution pursuant to the grievance and arbitration procedures set forth in Articles 6 and 7 of this Agreement, the Company or the Union may immediately apply to the United States District Court for the Western District of Texas for injunctive relief, including temporary restraining orders, prohibiting the continuation of such alleged violation.

Section 3.6 — Expedited Arbitration.

In the event of an alleged violation of Section 3.2 or 3.4 of this Agreement arising out of a matter not subject to resolution pursuant to the grievance and arbitration procedures set forth in Articles 6 and 7 of this Agreement, the Company or the Union may institute expedited arbitration proceedings regarding such alleged violation by delivering written or telegraphic notice thereof to the Union and to the Federal Mediation and Conciliation Service. Immediately upon receipt of such written or telegraphic notice, the Federal Mediation and Conciliation Service shall appoint an arbitrator to hear the matter. The arbitrator shall determine the time and place of the hearing, give telegraphic notice thereof, and hold the hearing within twenty-four (240 hours after his or her appointment. The fee and other expenses of the arbitrator in connection with this expedited arbitration proceeding shall be shared equally by the Company and the Union. The failure of either party or any witness to attend the hearing, as scheduled and noticed by the arbitrator, shall not delay the hearing, and the arbitrator shall proceed to take evidence and issue an award and order as though such party or witness were present. The sole issue at the hearing shall be whether a violation of Section 3.2 or 3.4 of this Agreement has occurred or is occurring, and the arbitrator shall not consider any matter justifying, explaining, or mitigating such violation. If the arbitrator finds that a violation of Section 3.2 or 3.4 of this Agreement is occurring or has occurred, he or she shall issue a cease-and-desist order with respect to such violation. The arbitrator's written opinion, award, and order shall be issued within twenty-four (24) hours after the close of the hearing.

Such award and order shall be final and binding on the Company and the Union.

Section 3.7 — Injunctive Relief Pending Expedited Arbitration.

In the event of an alleged violation of Section 3.2 or 3.4 of this Agreement to which Section 3.6 of this Agreement is applicable, the Company or the Union may immediately apply to the United States District Court for the Western District of Texas for injunctive relief, including a temporary restraining order or preliminary injunction, prohibiting the continuation of such an alleged violation pending submission of the matter to arbitration and the issuance and enforcement of the arbitrator’s order.

Section 3.8 — Damages and Other Remedies.

(a) In addition to any other remedy set forth in this Article 3, the Company or the Union, without submitting the issue of damages to arbitration, may institute, in any court of competent jurisdiction, an action against the Union or the Company, respectively, for damages suffered by the plaintiff in such action as a result of a violation of this Article 3.

The remedies set forth in this Article 3 are not exclusive, and the Company or the Union may pursue whatever other remedies are available to them at law or equity.

(b) In the event of any violation of Section 3.2 or 3.4 of this Article, it shall be the duty and obligation of the Union, its officers, agents, and representatives (employee representatives, bargaining unit employees, or otherwise) and/or the Company, its officers or representatives, to immediately take all reasonable steps required to bring about an end to such misconduct.

(c) Neither the violation of any provision of this Agreement nor the commission of any act constituting an unfair labor practice or otherwise made unlawful, nor the fact that a particular grievance or dispute is not subject to arbitration under the provisions of this

Agreement shall excuse the Union and its officers, agents, representatives, employee representatives, and members; and the bargaining unit employees; or the Company and its officers, agents, and representatives from their obligations under this Article.

(d) The Company or the Union shall be only liable for any acts or omissions or conduct or misconduct of any employee to the extent allowed under applicable law.

Section 3.9 — 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.

(b) There shall be no solicitation of membership during any working time.

Section 4.2 — Discrimination and Retaliation Prohibited.

There shall be no discrimination, harassment 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) Upon receipt by the Company of a checkoff authorization in the form set forth in Section 5.5 of this Agreement, dated and executed by an employee, the Company shall deduct Union membership dues and initiation fees from the employee’s wages. Such deduction shall be from the employee’s wages for the first payroll period the calendar month following receipt of the employee’s checkoff authorization, and dues shall continue to be deducted at each payroll period unless such checkoff authorization is revoked in writing by the employee. Upon receipt of any written revocation, the Company will furnish to the Union a copy of that written revocation.

(b) The Company will forward and remit the monies so deducted to the International Secretary-Treasurer of the United Steelworkers, at Five Gateway Center, Pittsburgh, Pennsylvania 15222, not later than ten (10) days following the payday on which the deduction is made. The Company shall deduct from an employee’s wages only that amount of money that International Secretary-Treasurer of the United Steelworkers has certified to the Company, in writing, is the amount of dues or initiation fee that is properly established by the Union in accordance with applicable law and the Union's constitution and bylaws and is required of all employees as a condition of acquiring or retaining membership in the Union. The Company will furnish both the local Union Financial Secretary and the International Secretary-Treasurer of the United Steelworkers, at the same time: (1) a list compiled in alphabetical order of those employees for whom deductions have been made and the amount of each deduction, and (2) a completed United Steelworkers, AFL-CIO- CLC, Summary of Union Dues Form R-115, which the Union will provide in blank to the

Company. If the Union does not keep the Company apprised of the current address of the local Union Financial Secretary or the International Secretary-Treasurer of the United Steelworkers, or both, 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) If, for any payroll period in which the Company is obligated to make deductions pursuant to this Section 5.1, the wages owed an employee (after deductions mandated by any court or govern-mental body or for any monies owed to the Company) are less than the amount of money that the employee has authorized the Company to deduct pursuant to this Section 5.1, the Company shall make no deductions from wages owed the employee for that payroll period. 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 subparagraph (c) of Section 5.1.

(d) If the Company ceases to deduct any employee’s dues, or if applicable, the initiation fee, for any reason, the Company will submit the name of each such employee and the reason for ceasing the deduction to the local Union Financial Secretary and the International Secretary-Treasurer of the United Steelworkers at the same time the periodic deduction list is remitted.

(e) Disclosure of Union Dues to the Company. The Union will provide the Company with the following information concerning Union dues: (a) the current dues rate to be charged to the Employees, and (b) when Union dues rates are increased or decreased the Union will notify the Company of the new dues rate to be charged to Employees and when the new rates will go into effect.

Section 5.2 — Indemnification of Company.

The Union shall indemnify and hold harmless the Company from any and all claims, demands, suits, or other forms of liability–including the reasonable costs and fees of any defense made necessary by any such claims, demands, suits, or liability–that arise out of or by reason of actions taken or not taken by the Company for the purpose of complying with the deduction of Union dues and initiation fees as provided in this Article 5.

Section 5.3 — Exceptions.

The Company will not deduct from the pay of any employee any Union reinstatement fees, fines, penalties, special assessments, or contributions to the Union, charities, or political action groups or campaigns, or any other fees other than dues 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 following form (see next page):

CHECKOFF AUTHORIZATION FOR DEDUCTION OF UNION MEMBERSHIP DUES FOR UNITED

STEELWORKERS

Choctaw Defense Services Inc.

Attn: HR Department 20 Sandstone Road Durant, OK 74701 Date:

Pursuant to this authorization and assignment, please deduct from my pay on each payroll period while I am in employment with the collective bargaining unit in the Company, and irrespective of my membership status in the Union, membership dues (and if owing by me, an initiation fee) as designated, stipulated, and certified to you in writing by the International Secretary/Treasurer of the United Steelworkers, AFL-CIO-CLC (“the Union”).

This authorization shall remain in effect and cannot be revoked for a period of one (1) year from the date of my signature below. This one-year authorization shall renew and continue for each successive period of one (1) year unless I elect, in a written and signed notice to the Company, to revoke this authorization within fifteen (15) calendar days of the end of each one-year authorization period. Such notice of revocation shall become effective with respect to the dues for the payroll period following the date on which such written notice is given, and a copy of any such notice will be given by me to the Financial Secretary for the local Union. Notwithstanding the above, this authorization for deductions shall be automatically canceled: (1) upon termination of my employment with you; (2) if I cease to be employed in a unit represented by the United Steelworkers, AFL-CIO-CLC for a period of 31 continuous (calendar) days; or (3) during periods when no collective bargaining agreement is in effect.

While contributions or gifts to the United Steelworkers, AFL-CIO-CLC, or the local Union are not tax deductible as charitable contributions for federal income tax purposes, they may be tax deductible under other provisions of the Internal Revenue Code.

Local Union No. 9505, United Steelworkers, AFL-CIO-CLC, Employee’s Printed Full Name Employee Number

Employee’s Signature Date

Witness Signature

Section 5.6 — No Solicitation.

There shall be no solicitation of employees for Union membership, contributions, dues, or any other payments conducted within the confines of Laughlin Air Force Base, Texas, during times when either the employee (or employees) being solicited or any employee (or employees) performing such solicitation are being paid by the Company to perform work. Employees may solicit for only membership during meal and break periods. At the beginning of each month, the Company will provide to the Union 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.

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.

(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 Manager. Both parties encourage the verbal resolution of disputes as quickly as possible. A grievant shall discuss the dispute with the immediate manager or division supervisor involved and may, upon request, have an employee representative of the Grievance Committee or the local Union President (hereinafter collectively referred to as “employee representative”) present during this discussion. Any such discussion with an immediate manager or division supervisor during regular work hours will be without loss of pay. Such discussion must be held within ten (10) work days following the date of the occurrence of the condition or event upon which the grievance is based. The immediate manager or division supervisor shall orally respond to the grievant within three (3) calendar days after the aforementioned discussion. If the grievance is not satisfactorily resolved verbally, the grievance may proceed to Step 2. Once a grievance is presented, no new violations or issues can be raised in that grievance.

(b) Step 2 — Written Grievance to Division Manager. If the grievance is not settled at Step 1, the employee representative on behalf of the employee, not later than seven (7) calendar days after the immediate manager or division supervisor’s response to the Step 1 grievance, must submit a written grievance, signed by the employee, to the Program Manager. The Program Manager shall give his or her written answer to the grievance within seven

(7) calendar days after receipt of the written grievance. At any meetings or conferences held between the employee and the Program Manager, the employee may be represented and accompanied by an employee representative.

(c) Step 3 — Written Appeal to the Vice President. If the grievance is not settled at Step 2, the employee representative on behalf of the employee, not later than seven (7) calendar days after the employee’s receipt of the Program Manager’s 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 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 in support of the grievance. Not later than fourteen (14) calendar days after receipt of the written appeal, the Vice President, or his or her designee, shall meet telephonically or in person with the employee, the employee representative, the local Union President, and the Union Business or Staff Representative, as well as with the employee’s immediate manager and the division supervisor and Program Manager to confer and discuss the grievance. The Vice President , or his or her designee, shall give his or her written answer to the grievance within seven (7) 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(s) of the employee(s) involved.

(b) Date of the alleged grievance.

(c) Date of the first discussion of the grievance with the immediate manager.

(d) Date of the immediate manager’s answer or response to the grievance.

(e) Nature of the grievance and the alleged facts giving rise to the grievance.

(f) Date of the presentation and delivery of the written grievance.