Attach II CBA 2024-145 Rev. 0_.pdf

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COLLECTIVE BARGAINING AGREEMENT

BETWEEN

TK&K SERVICES, LLC

AND

INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS,

AFL-CIO

DISTRICT LODGE 725

MARINE CORP AIR STATION

CAMP PENDLETON

(NLRB Case Number 21-RC-328698)

EFFECTIVE

May 1, 2024 through March 31st, 2027

TABLE OF CONTENTS

PURPOSE OF AGREEMENT ______________________________________________________ 3

ARTICLE 1 - GENERAL CONDITIONS OF CONTRACT ___________________________________ 3

Section 1- General Provisions _________________________________________________________ 3

Section 2 - Recognition and Exclusive Representation _____________________________________ 4

Section 3 - Period of Agreement and Ratification _________________________________________ 5

Section 4 - Successors and Assigns _____________________________________________________ 5

Section 5 - Right to Manage __________________________________________________________ 5

Section 6 – Separability _____________________________________________________________ 5

Section 7 - Strikes and Lockouts _______________________________________________________ 6

Section 8 - Security Regulations _______________________________________________________ 6

Section 9 – Nondiscrimination and Anti-Harassment ______________________________________ 7

ARTICLE 2 - UNION - COMPANY RELATIONS ________________________________________ 7

Section 1- Union Stewards ___________________________________________________________ 7

Section 2 - Business Representatives and Union Officials __________________________________ 8

Section 3 - Bulletin Boards and Posting Notices __________________________________________ 9

Section 4 - Information Provided to the Union ___________________________________________ 9

Section 5 – Official Union Business ____________________________________________________ 9

Section 6 – Union Security ___________________________________________________________ 9

ARTICLE 3 - GRIEVANCE PROCEDURE AND ARBITRATION ____________________________ 10

Section 1 - Definition of Grievance ___________________________________________________ 10

Section 2 - Grievance Procedure _____________________________________________________ 10

Section 3 – Arbitration _____________________________________________________________ 12

ARTICLE 4 - SENIORITY ________________________________________________________ 13

Section 1 - Basis of Seniority and Establishment of Seniority Rights _________________________ 13

Section 2 - Layoffs _________________________________________________________________ 13

Section 3 - Recall Rights ____________________________________________________________ 14

Section 4 - Employees Entering Armed Forces __________________________________________ 15

Section 5 - Loss of Seniority _________________________________________________________ 15

Section 6 – Promotions _____________________________________________________________ 15

ARTICLE 5 - EMPLOYMENT CONDITIONS __________________________________________ 17

Section 1 - Sanitary, Safety and Health Conditions _______________________________________ 17

ARTICLE 6 - EMPLOYEE PRIVILEGES ______________________________________________ 18

Section 1 – Paid Time Off (PTO) ______________________________________________________ 18

Section 2 - Military Leave ___________________________________________________________ 19

Section 3 - Bereavement Leave ______________________________________________________ 20

Section 4 – Leave of Absence ________________________________________________________ 20

Section 5 – Holidays/Family Days ____________________________________________________ 21

Section 6 - Jury Duty _______________________________________________________________ 22

Section 7 - Employee Benefits _______________________________________________________ 22

Section 8 - Temporary Duty Assignments (TDY) _________________________________________ 23

ARTICLE 7 - PAY PROVISIONS ___________________________________________________ 24

Section 1 - Wages _________________________________________________________________ 24

Section 2 – Overtime ______________________________________________________________ 25

Section 3 - Hours and Days of Work ___________________________________________________ 25

Section 4 - Pay Period ______________________________________________________________ 25

Section 5 - Report Time and Call-Back Time ____________________________________________ 26

Section 6 – Uniforms _______________________________________________________________ 26

Section 7 - Placement in Lower Rated Classifications _____________________________________ 26

Section 8 - Mileage Reimbursement __________________________________________________ 27

Section 9 – Effective Date of Economic Improvements ___________________________________ 27

ARTICLE 8 - MACHINISTS RETIREMENT AND SAVINGS PLAN __________________________ 27

APPENDIX A ________________________________________________________________ 29

PART-TIME EMPLOYEES _______________________________________________________ 29

PURPOSE OF AGREEMENT

This Agreement, entered into by and between TK&K Services, LLC, (hereinafter called "the Company"), and the International Association of Machinists and Aerospace Workers, AFL-CIO, District Lodge No. 725 (hereinafter called "the Union"), a non-profit organization, evidences the desire of the parties hereto to promote and maintain harmonious relations between the Company and its employees, as they are defined in Article 1, Section 2, of this Agreement, and the Union as their Representatives.

The purpose of this Agreement is to provide for wages, benefits, terms and conditions of employment for employees in the bargaining unit, and to ensure industrial peace. To this end, it is recognized that there must be mutual understanding, harmony and cooperation among employees and between employees and the Company, and the Union and the Company; that operations must be uninterrupted and duties faithfully performed in order for the Company and its employees to fulfill their mutual and vital responsibilities to both the public and to the Government; and that the business of the Company must be operated with economy and efficiency with due regard to competitive conditions. It is recognized by the Agreement to be the duty of the Company, the Union, and the employees to cooperate fully, both individually and collectively, for the advancement of said conditions.

It is agreed that the parties desire to enter into this Agreement to establish wages, hours, and working conditions and to provide for the peaceful settlement of disputes and grievances that may arise affecting the employees covered hereby.

NOW, THEREFORE, the parties agree as follows:

ARTICLE 1 - GENERAL CONDITIONS OF CONTRACT

Section 1- General Provisions

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

(B) Any practice of the Company in the past not specifically set out herein is expressly eliminated as a subject for bargaining, and, during the life of this Agreement, may not be raised for further bargaining or negotiations.

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

(D) This Agreement can be changed or modified only by a document in writing signed on behalf of both parties hereto by their duly authorized representatives, provided, however, that such changes or modifications are ratified by the membership of the Union. Written agreements regarding interpretations or understandings may be made between the Company and the Business Representative and the Negotiating Committee that do not change or modify the Agreement and shall not require the ratification of the membership.

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

(F) Either party hereto shall be entitled to require specific performance of the provisions of the Agreement. It shall be the duty of the Company and its representatives and the Union and its representatives to comply with and abide by all the provisions of this Agreement.

Section 2 - Recognition and Exclusive Representation

(A) Definition of Bargaining Unit and Employees Covered by this Agreement.

The Company recognizes the Union as the exclusive representative and bargaining agent with respect to rates of pay, wages, hours and other conditions of employment for the bargaining unit comprised of all full time and regular part-time Dispatcher/DCO and Driver System Operator employees of TK&K Services, LLC at the Marine Corps Air Station Camp Pendleton, California. The word "employee" or "employees", as used in this Agreement, means all employees of the Company employed at the aforementioned job classifications.

(B) Employees Excluded from the Bargaining Unit

Excluded are all office clerical employees, professional employees, guards and supervisors as defined by the Act.

Non-Bargaining Unit Personnel: The Company and Union agree the contract awarded to the Company by the Government is a fixed-price contract for a period of four-years commencing April 1, 2017, with a five-year option period, and that workforce strategy cannot be changed from the original bid. As a result, it is understood non-bargaining employees may routinely perform productive work in the same manner as bargaining unit employees until the expiration of the Company’s contract with the Government provided that no bargaining unit employees are laid off as result of non-bargaining unit employees performing this work.

After expiration of the TK&K Services’ current contract with the Government, non-bargaining unit employees may be required to occasionally perform work customarily performed by bargaining unit employees. It is also understood that Supervisors and others will be required to work with tools only to meet requirements under the conditions described in this Article. Therefore, the Company shall have the right to utilize non-bargaining unit employees under one or more of the following conditions:

(1) To assist in working a malfunction/discrepancy on fuel truck / fuel farm that must be corrected expeditiously in order to successfully complete fueling activities, when bargaining unit employees with the necessary skills are not immediately available.

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

(3) For instruction and training purposes.

(4) For test and/or experimentation purposes.

(5) In emergencies.

(6) When an employee fails to report to work and other qualified employees are not available. It is agreed that the Company will make a reasonable effort to locate and assign qualified bargaining unit employees to perform the work.

(7) The Company will work to cross train bargaining unit employees to the level that eliminates, as much as possible, the need for management to perform bargaining unit work on any frequent or regular basis.

Section 3 - Period of Agreement and Ratification

(A) This Agreement shall be effective May 1, 2024, and shall remain in full force and effect up to and including March 31st, 2027, and thereafter from year to year unless written notice to modify, amend, or terminate the Agreement is served by either party upon the other at least sixty (60) days prior to the expiration date of this Agreement.

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

(B) Any notice given under this Section shall be deemed to be served by the Union when mailed postage prepaid, registered mail, return receipt requested, or delivered in hand, to the Company’s HR Director for service upon the Company, and such notice shall be deemed to be served by the Company when similarly mailed, or delivered in hand, to the assigned Business Representative of District Lodge 725, for service upon the Union. The date of mailing shown on the registered mail return receipt or the date of written receipt of personal service shall be the controlling date for purposes of Section 3 (A) of this Agreement.

(C) After the Company and Union negotiation committees have concluded negotiations of amendments and modifications to the Agreement, all such amendments and modifications must be accepted or rejected as a whole (without acceptance or rejection of parts thereof) by the Company and the Union.

Section 4 - Successors and Assigns This Agreement shall be binding upon the Company and its successors, assigns or future purchasers and all the terms and obligations herein contained shall not be affected or changed in any respect by the consolidation, merger, sale, transfer, or assignment of the Company or any or all of its property, or affected or changed in any respect by any change in the legal status, ownership, or management of the Company.

Section 5 - Right to Manage The Company has, and will retain, the sole and exclusive right to manage the business and direct the workforce, including, but not limited to, the right to plan, direct and control all business and work operations, discipline, suspend or discharge for just cause, to hire, promote, demote, classify, reclassify, reassign, transfer and layoff. Any of the rights, powers and authority not specifically abridged by the Agreement are retained by the Company. Any claim that the Company has exercised such right and authority contrary to the provisions of this Agreement may be taken up as a grievance.

Section 6 – Separability

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

(B) The Company and the Union shall, within thirty (30) days, negotiate the provision of the Agreement affected by such legislation or court decree. Any modification or changes to this Agreement brought about by the above negotiations shall be in writing and signed by the parties hereto.

Section 7 - Strikes and Lockouts

(A) The Union, (its officers, agents, and members) agrees that for the duration of this

Agreement it shall not cause, engage or condone any strike (including sympathy strike) slowdown or stoppage of work or any acts of any nature which would interfere with the Company's ability to provide uninterrupted service to the United States Government except as provided for in this Agreement. If the Company believes a violation of this Section has occurred, the Company shall notify the Union of the alleged violation. In the event the Union has not sanctioned any strike actions it shall notify employees that no strike activity has been sanctioned by the Union. After employees are notified by the Union that a strike has not been sanctioned by the Union the Company may discipline any employee(s) who fail to comply with the provisions of this Article. The Company agrees that it will not cause or engage in any lockout for the duration of this Agreement.

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

Section 8 - Security Regulations

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

(B) In the event that the U.S. Military Service or other Government Agency duly concerned with security regulations or operations on Government-managed property, advises the Company that any employee in the Union bargaining unit is restricted from access to Government-managed property, or restricted from work on or access to classified information and material, the Union agrees that such action as the Company may take pursuant to its contractual and/or security obligations to the Government will not be contested, nor will such action be a subject of the grievance procedure contained in Article 3 of this Agreement.

(C) In the event that such Government Agency following the taking of such action advises the Company that such an employee is no longer restricted from access to Government-managed property or restricted from work on or access to classified information and material, the Company shall promptly reinstate the employee with seniority, to the same job classification held at the time such action was taken, subject to the applicable seniority provisions of the Agreement, if he/she promptly applies for such reinstatement. The Company will not be liable for lost pay in these circumstances; however, at such employee's request, the Company will join such employee and/or the Union in applying to the appropriate government agency for restoration by the Government of lost pay.

(D) Management will expedite proper paperwork and/or procedures to obtain permanent badges.

Section 9 – Nondiscrimination and Anti-Harassment It is the intent of the Company and the Union to provide employees with a working environment that is free from all forms of discrimination, harassment and all other unwanted behaviors as defined in the Employee Handbook and Company Code of Conduct. To this end, the parties agree to comply with all applicable laws, statutes, regulations, and Company policies concerning nondiscrimination and harassment in employment.

ARTICLE 2 - UNION - COMPANY RELATIONS

Section 1- Union Stewards

(A) Upon execution of this Agreement, the Union shall promptly furnish the Site Manager, in writing, the name(s) of the Union Steward(s). Thereafter, the Union shall promptly advise the Site Manager, in writing, of any change in Stewards. No Steward will be recognized as such by the Company prior to receipt of written notice of notification.

(B) The scope of the Stewards’ activities on Company time shall be limited to the following:

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

(2) To investigate a complaint or grievance of record before presentation.

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

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

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

(C) It is agreed that a Steward may receive, but not solicit, grievances from employees.

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

(D) It is agreed that since the Steward has a regular work assignment to be performed, that contacts involving Union business with other employees or Stewards, or the Business Representative of the Union, will be no more frequent and no longer than the matter for discussion reasonably requires. Where necessary, the Steward's work schedule or assignment will be adjusted where practical, to allow for time to conduct Company-Union business as specified below:

(1) For discussions with Stewards or the authorized Business Representative of the

Union on employee complaints or grievances or on matters arising out of the application of this Agreement. The parties agree that Stewards shall not jointly attend grievance meetings unless mutually agreed to by the parties. It is also agreed that the investigation of grievances is the primary role of the Steward.

(2) To represent the local Union at Step I and Step II of the grievance procedure as provided in Article 3 the grievance procedure.

(E) The number of Stewards may be adjusted by mutual agreement to compensate for facility and population changes; however, there shall be a minimum of one (1) Steward.

(F) The Steward shall secure permission of his/her Site Manager or assigned alternate before leaving his/her workstation, and report back to his/her Site Manager or assigned alternate upon return to his/her workstation. Permission will be granted unless operation activities are affected. The Company will not unreasonably deny or delay access to the Steward.

(G) The Company recognizes limitations upon the authority of the Steward and shall not hold the Union liable for any unauthorized acts. The Company in so recognizing such limitations shall have the authority to impose proper discipline, including discharge, in the event a Steward has taken unauthorized strike action, slowdown, work stoppage, or other actions in violation of this Agreement. Prior to taking any such action against a Steward, the Company shall contact the Business Representative in the effort to have the Steward cease any unauthorized acts.

(H) It is agreed the Company will pay employees for time away from the performance of their normal jobs while acting in their Steward capacity as defined in this Article. It is agreed that time away from normal work activities will be reviewed and monitored and may be addressed by mutual agreement during the period of this Agreement.

Section 2 - Business Representatives and Union Officials

(A) Full time representatives of the Union shall have access to the Company's operations for the purpose of contacting Stewards regarding employee complaints or grievances or matters arising out of the application of this Agreement. Such visits shall be subject to such regulations as may be made from time to time by the Company, the U.S.

Military Services, and other government agencies. It is agreed that the Company will not impose regulations which will render ineffective the intent of this provision. Prior to entering the Company's operations, the Business Representative shall notify the Site Manager or his/her assigned alternate to agree on the date and time he/she will be on the facility. The Company shall provide the necessary Company badges and credentials to the assigned Business Representative or Grand Lodge Representative, to facilitate access to the membership if approved by Base Command, Contracting Officer or other authority as may be designated by the Military Base.

(B) A full-time Union Official or Business Representative may discuss any problems with employees (other than Stewards) on the employee's own free time. If further discussion of a complaint or grievance is necessary, the Union Representative may meet with any single individual providing that he/she first notify the Site Manager or his/her assigned alternate. The contacts on Company time, which are provided for in this Section, will be no more frequent and no longer than the matter for discussion reasonably requires.

Section 3 - Bulletin Boards and Posting Notices

(A) It is agreed that the Union will be permitted to post on bulletin boards provided by the

Company:

(1) Notices of Union recreational affairs.

(2) Notices of Union elections and election results.

(3) Notices of Union appointments.

(4) Notices of Union meetings.

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

(B) The Company will afford the Union a bulletin board clearly identified as "Union Business" where only Union notices will be displayed. The Union shall not distribute or post, nor authorize its members to distribute or post, any material anywhere on the Company's property other than herein provided or permitted by applicable State or Federal law.

Section 4 - Information Provided to the Union The Company will furnish to the Union Business Representative information, as required by law.

Section 5 – Official Union Business It is agreed that the Company shall not be required to pay an employee for any time that he/she is taken away from his/her work to serve the Union in any official capacity or to serve on any Union Committee, except as provided in the Agreement.

Section 6 – Union Security

(A) All employees in the bargaining unit, who are in good standing on the effective

(execution) date of this Agreement, shall be required as a condition of continued employment with the Company, to maintain membership in the Union to the extent of current monthly dues and initiations fees and reinstatement fees, if any, commencing not later than the thirty-first (31st) day following the effective (execution) date of this Agreement or pay an agency fee to the Union equal to the amount of monthly dues.

(B) Any employee hired on or after the effective (execution) date of this Agreement shall become a member of the Union not later than thirty-one (31) days after his/her date of employment. Such an employee, as a condition of continued employment, shall maintain his/her membership in the Union to the extent of current monthly dues, initiation fees and reinstatement fees, if any, or pay an agency fee to the Union equal to the amount of monthly dues.

(C) Any present employee who, on the effective (execution) date of the Agreement is not a member of the Union, who thereafter chooses to join the Union, must maintain their membership thereafter as provided in Section (A) above or pay an agency fee to the Union equal to the amount of monthly dues.

ARTICLE 3 - GRIEVANCE PROCEDURE AND ARBITRATION

Section 1 - Definition of Grievance The term grievance as used in this Agreement is a written claim involving the interpretation, application, or claim of breach or violation of applicable provision(s) of this Agreement which the employee has not been able to adjust with his/her Site manager.

The grievance must identify the applicable provision(s) of the Agreement that the Company is claimed to have breached or violated.

Section 2 - Grievance Procedure

(A) The parties agree that all complaints should be resolved, whenever possible, with the

Site manager and the employee involved. Any employee with a complaint or issue should contact the Site manager to discuss and resolve the issue, if the employee desires, the Steward may attend this initial step. Both parties will make every effort to resolve the issue. If the complaint cannot be resolved between the parties involved, then the Steward or Union Representative will reduce the complaint to writing.

(B) The following procedures apply in attempting to settle grievances that are not resolved by Section A.

(1) STEP ONE - Once the grievance has been reduced to writing by the Steward on a form mutually agreed to by the parties. Such written grievance shall set forth the complaint and remedy sought, the facts on which it is based, the date(s) of occurrence, the applicable Article(s) of the Agreement which is claimed to be the basis for the filing of the grievance, dated and signed by the Steward, The grievance must be presented to the Site Manager within five (5) working days from the date the employee became aware of the incident that gave rise to the grievance. If the Steward fails to present the written grievance within this time limit, the grievance shall be considered settled and no further action can be taken thereon. Both parties will make every effort to resolve the issue.

The Site Manager shall render his/her written decision to the Steward within five

(5) working days after being presented the grievance. If a settlement is reached it will be reduced to written form on the grievance form and the matter shall then be considered closed. If the Site Manager fails to provide his/her written response within this time limit, the grievance shall be advanced to the next step. Any grievance settlement at Step One of the grievance process (whether by concession, withdrawal, settlement agreement or actions occurring due to the failure of either party to abide by the time limits of this Section), shall not constitute a precedent binding upon the Company or the Union for future grievances.

(2) STEP TWO - If not satisfactorily settled as outlined in Step one (1) above, the written grievance may then be presented to the Company Fuels Operations Manager or designated representative no later than ten (10) working days after receipt by the Steward of the decision rendered in Step One. Otherwise, such decision shall be final and the employee shall have no further recourse. The Company Fuels Operations Manager or designated representative shall meet with the Business Representative or his/her designee and the Steward or his/her designee, in an attempt to resolve the matter and render a written decision thereon within ten (10) working days after receipt of such appeal. If a settlement is reached it will be reduced to writing on the grievance form and the matter shall then be considered closed.

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

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

(D) The Company and the Union may mutually agree to combine the grievance of an employee and other similarly affected employees in order to eliminate the need for multiple filings of grievances.

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

(F) Grievances arising out of a discharge or suspension without pay shall be submitted directly to Step Two described in (B) (2) herein. Should the Union elect to pursue such a grievance, the written grievance signed by the employee must be submitted to the Company Fuels Operations Manager or designee within ten (10) working days of the effective date of the action. If a written grievance is not submitted to the Home Office or designee within ten (10) working days of the effective date of the action, the right of the employee or Union to grieve the action is waived and no further action can be taken thereon. Such failure to act timely shall not set a precedent binding upon the Union or the Company for future grievances.

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

(H) It is mutually agreed that should an employee be unavailable to sign a grievance form and deliver it to the Company within the time limits specified in an appropriate step of the grievance procedure, the Union may forward the grievance unsigned. Requests for additional time due to circumstances of the unavailability of the employee to sign will not be unreasonably denied. The Union must secure the employee signature prior to the grievance form proceeding through the next step of the grievance procedure.

The Company will incur no liability, if any, as a result of the delay incurred for the Union to secure the employee’s signature.

Section 3 – Arbitration

(A) A grievance which either party desires to contest further, and which involves the interpretation or application of the terms of this Agreement, shall be submitted to arbitration as provided in this Article, but only if the Union gives written notice to the Company of its desire to arbitrate the grievance within thirty (30) days of the receipt of the decision provided in Step Two described in Article 3, Section 2 (B) (2) or the grievance shall be deemed waived. Such waiver shall not constitute a precedent binding upon the Company or the Union for future grievances.

(B) A full-time representative of the Union and the Company’s representative shall have authority to discuss between themselves the possible settlement and/or compromise of the grievance, but in any event must move to request a Federal Mediation and Conciliation Service (FMCS) arbitrator as provided herein within ten (10) days after the Union's appeal to arbitration if no settlement has been reached by that time. This time limit may be extended by mutual consent of both the Union and the Company.

(C) If the two parties' representatives are unable to reach a settlement; they shall immediately jointly request a list of qualified arbitrators from the United States FMCS.

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

(D) The parties' representatives shall make the necessary arrangements to arbitrate the grievance, including the preparation and signing of a submission agreement which states the issue. In the event the parties' representatives are unable to agree upon the issue, the arbitrator shall determine the issue.

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

(F) This Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties and by the arbitrator in the same manner as any other contract under the laws of the land. The function and purpose of the arbitrator is to determine disputed interpretation of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The arbitrator shall have the authority to interpret and apply the provisions of this agreement. The arbitrator shall not have the authority to amend or modify this Agreement or to establish new terms and conditions of this Agreement. The decision of the arbitrator shall be in writing and shall not be made until both parties have had reasonable opportunity to present their case, together with arguments and briefs as desired. Said decision shall be given not later than thirty (30) days after the submission of the final briefs. It is understood and agreed that a decision of the arbitrator made in accordance with the requirements hereof shall be final and binding on both parties.

(G) The parties will conduct arbitration cases at a mutually agreeable location.

ARTICLE 4 - SENIORITY

Section 1 - Basis of Seniority and Establishment of Seniority Rights

(A) Probationary Period

All employees shall be considered probationary employees for the first ninety (90) calendar days of active employment, unless they were employed by a predecessor contractor, in which case they shall be considered as a regular employee and shall not be subject to a probationary period. Upon completion of his/her probationary period, the employee will become a regular employee whose seniority will be retroactive to his/her first day of employment. Supervisory determinations as to retention, reassignment, or termination of probationary employees anytime during the ninety (90) day probationary period are not subject to the Grievance and Arbitration Articles of this Agreement.

(B) Seniority

(1) For purposes of this Agreement, there shall be one seniority list for all full-time employees and one seniority list for part-time employees. Part-time seniority will only count toward part-time employment. Appendix A provides additional working conditions specific to part-time employees.

(2) Seniority begins on the date the employee was hired by the Company or predecessor contractor in any job classification provided for in this Agreement and represents all accumulated time for which the employee has served as an employee of the Company and all predecessor contractors in the performance of similar work at any Company site.

When two (2) or more employees have the same seniority date the employee with the lowest last four digits of the social security number will be deemed to be the most senior.

(C) Re-entering the Bargaining Unit In the event an employee transfers from a bargaining unit position to a position outside the bargaining unit, such employee(s) has (have) twelve (12) consecutive months to return to his/her previous job classification with no loss of seniority, if fully qualified to perform the requirements of the job. For the purpose of this Section, seniority does not accumulate while outside the bargaining unit.

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

Section 2 - Layoffs

(A) When there is a temporary reduction in force, the Company will make every effort to provide job security for employees within the bargaining unit. When it is determined by the Company that a reduction in force is required, the Company shall designate the number of positions to be reduced. Probationary employees shall be laid off first, and if the need to lay off other employees still exists, then any employees in the affected classification may volunteer for layoff, followed by any part-time employees who will be laid off in reverse seniority order. If additional layoffs are needed, the employee(s) with the least seniority will be designated for layoff.

(B) The Company will give employees affected by paragraph (A) at least two (2) months’ notice of a reduction in force, except where circumstances beyond the Company's control prevent such timely notification.

Section 3 - Recall Rights

(A) General

An employee who is laid off or who displaces an employee in a lower paid job classification in accordance with Section (2) of this Article shall retain recall rights in accordance with their seniority as follows:

(1) To the same job classification held at the time of their layoff/displacement or;

(2) To a job classification to which the employee had displacement rights in accordance with Section 2 of this Article but could not exercise solely because of insufficient seniority.

(3) To a job classification for which the employee is able to perform work or for which the employee was previously qualified to perform the work or to a job classification to which the employee previously held at any time prior to the time the employee was laid off.

Employees who have been laid off shall retain the recall rights mentioned herein for a period not to exceed twelve (12) consecutive months from the date of layoff.

Employees demoted to a lower paid position due to a reduction in force shall retain the recall rights mentioned herein as long as they remain on the active payroll in a lower paid position.

(B) Employees who are laid off from the service of the Company due to a layoff for a period not to exceed twelve (12) consecutive months shall retain and continue to accrue seniority.

(C) Recall Notification In the event there is a recall from layoff, the Company shall mail a registered or certified (return receipt requested) notice of recall to the appropriate employee.

Recalled employees must respond within three (3) working days after receipt of notification and must report for work within ten (10) working days unless extended by the Company.

(D) Address on File All notices required under the provisions of this Article shall be sent to the employee at the last address filed by the employee within the Company’s HR/Manager internet portal.

(E) Address Requirement Each laid off employee shall keep Human Resources informed of the employee's current mailing address by updating it in the Company’s HR/Manager internet portal.

Notice by the Company to the employee's mailing address listed within the Company’s HR/Manager internet portal shall be considered as fulfilling the recall notice requirements. An employee failing to comply with the provisions of this Section shall be considered as having voluntarily resigned from the service of the Company if a recall notice is mailed to the employee’s last known address on file within the Company’s HR/Manager internet portal and the employee failed to notify the Company of a change of address within fifteen (15) calendar after the change of address.

(F) Layoff - Recall Listings Layoff listings and recall notifications will be copied to the Business Representative/or his/her designee of the Union.

Section 4 - Employees Entering Armed Forces Employees who enter the Armed Forces of the United States shall be granted a leave of absence for the period of such service, and upon honorable discharge shall have reinstatement rights under Article 6, Employee Privileges, Section 5 – Leaves Without Pay, paragraph (E) of this Agreement.

Section 5 - Loss of Seniority Seniority shall be lost and employees shall have their names stricken from the seniority list under any of the following circumstances:

(A) Discharge for just cause.

(B) Resignation.

(C) Failure to respond to recall notification within the time frame established in this Agreement.

(D) Failure to be recalled from layoff within six (6) months after such layoff.

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

(F) Accepting other employment while on an approved leave of absence.

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

(H) Refusal to take a Drug Test directed by management, or comply with the Company Drug and Alcohol policy.

(I) Failure to return to active payroll for a continuous period of six (6) months due to non-occupational physical or mental impairment.

Section 6 – Promotions

(A) Promotions A promotion means the advancement of an employee from one job classification to another job classification with a higher rate of pay.

(B) Job Vacancies The Company and the Union clearly recognize the Company's right to determine staffing levels within the Company. The Company therefore maintains the right to assign personnel within the Company and to determine when there is a permanent job vacancy. When the Company determines that a permanent job vacancy exists, the Company will post the vacancy on the Union board with the hour and date of the posting period and the Union Steward will be notified prior to hiring from outside the bargaining unit. The Company will post all job vacancies within the unit provided no employee has recall rights to the open position as defined in Article 4 Section (3)(A).

The job vacancy will be posted for five (5) working days. The posting notice shall state the job classification, the pay rate, special training, and experience or certification required (if any). Employees who desire to apply for the posted vacancy may do so by completing an electronic application via the Company’s HR/Manager internet portal.

(C) Selection

(1) Within five (5) working days after the close of the posting period, the Site Manager shall determine which of the applicants are qualified to perform in the posted position. The position will be awarded to the most senior qualified employee within the bargaining unit who has applied for the position, excluding lead positions.

Lead positions are filled without regard to seniority.

All employees shall have the right to bid on full-time job vacancies. Bargaining unit employees who meet all qualifications shall be given preference for the open position in seniority order, prior to the Company considering applicants from outside the bargaining unit.

(2) The successful applicant shall be assigned to his/her new job within ten (10) working days after the job has been awarded or on the effective date of the vacancy, whichever is later.

(3) If there are no qualified applicants, the Company has the right to fill job vacancies by rehires or new hires. If the job vacancy is not filled within sixty (60) days after the posting is closed, the vacancy will be re-posted in accordance with (B) herein.

(4) If an employee applies to a job posting and is deemed by the Site Manager to not be qualified for the posted job opening, the applicant may request an interview with the Site Manager where the reasons for not being qualified shall be explained to the applicant. The Site Manager is to conduct this interview within ten (10) working days of the request.

(D) New Job Performance When an employee is awarded a posted job and fails to satisfactorily perform the duties of the position within thirty (30) days after assuming the position, the employee will be returned to the position last held prior to award of such promotion.

(E) Temporary Vacancies Employees promoted or temporarily assigned to a job classification at a higher rate shall receive the higher rate immediately upon reporting to work in the higher classification.

ARTICLE 5 - EMPLOYMENT CONDITIONS

Section 1 - Sanitary, Safety and Health Conditions

(A) General The Company agrees to maintain sanitary, safe and healthful conditions in all its operations and working establishments in accordance with Federal law and the laws of the State, County and City of its place of operation.

(B) Safety Rules and Regulations Employees shall be required to comply with all safety rules and regulations established by the Company and government agencies, and to wear such protective clothing or use such safety equipment as may be required and furnished by the Company.

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

(D) Acts of Sabotage Employees will use their best efforts to prevent any acts of sabotage or willful damage to Company property or employee property or materials. To that end, all employees will immediately report to the Site Manager any acts of sabotage or willful damage to property or materials, or any threat to sabotage or willfully damaging such property.

(E) Medical Examinations

(1) Should the Company have reason to believe an employee covered hereby is physically or mentally unable to satisfactorily perform the duties of his/her job classification, such employee shall be required to take such medical examination as may be directed by the Company. The Company shall pay for such examination. The Company will select the physician that will conduct the medical examination.

(2) Employees entitled to free physical examinations as a condition of employment will receive the examination during their normal duty hours without loss of pay.

The Company will provide a copy of the results to the employee upon written receipt.

(3) All examinations related to employment, whether required by virtue of employment with the Company or requested/directed by the Company, (Medical exams, Respiratory exams, Chest x-rays, Physical exams, Hearing tests, CDL license renewal testing, License exams, etc.) shall be at the Company’s expense and the employee shall be paid by the Company for all time spent while submitting to any examination. The Company shall make provisions for all exams to be taken during the employee’s normal hours of work.

(4) If a part-time employee holds another job that requires a CDL, the Company will pay fifty (50) percent of the cost for the CDL renewal fee or other CDL related costs.

(F) Training

(1) Training and certification for hazardous material handling will be accomplished in accordance with applicable Federal and State guidelines.

(2) The Company will pay for the CDL license renewal to include background checks required by the Government or…