ATTACH V WD CBA-2021-237 REV 1.pdf

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COLLECTIVE BARGAINING AGREEMENT

Between

UNITED PARADYNE CORPORATION

Department of the Navy

Aircraft/Ground Fuel Services and Fuel Storage and Distribution Naval Air Station, Jacksonville, FL and the

INTERNATIONAL ASSOCIATION of MACHINISTS and AEROSPACE WORKERS, AFL-CIO

LOCAL LODGE No. 759

June 1, 2021 – May 31, 2025

Table of Contents

PREAMBLE

AGREEMENT

ARTICLE 1: RECOGNITION

ARTICLE 2: NON-DISCRIMINATION

ARTICLE 3: MANAGEMENT RIGHTS

ARTICLE 4: UNION ACCESS

ARTICLE 5: UNION SECURITY AND RIGHTS OF EMPLOYEES

ARTICLE 6: HOURS OF WORK

ARTICLE 7: SHOP STEWARDS

ARTICLE 8: SUBSTANCE ABUSE POLICY

ARTICLE 9: NO STRIKE / NO LOCKOUT

ARTICLE 10: GOVERNMENT SECURITY

ARTICLE 11: SENIORITY

ARTICLE 12: LAYOFFS AND RECALL

ARTICLE 13: PROMOTIONS

ARTICLE 14: DISCIPLINE

ARTICLE 15: GRIEVANCE PROCEDURE

ARTICLE 16: ARBITRATION PROCEDURE

ARTICLE 17: LEAVE OF ABSENCE

ARTICLE 18: BARGAINING UNIT WORK

ARTICLE 19: SAFETY

ARTICLE 20: BULLETIN BOARDS

ARTICLE 21: CHANGE OF ADDRESS

ARTICLE 22: TOOLS

ARTICLE 23: EFFECT OF LAW

ARTICLE 24: SUCCESSOR AND ASSIGNS

ARTICLE 25: PUBLICIZING THE AGREEMENT

ARTICLE 26: HOLIDAYS

ARTICLE 27: OVERTIME

ARTICLE 28: SICK LEAVE

ARTICLE 29: VACATION TIME

ARTICLE 30: BEREAVEMENT

ARTICLE 31: HEALTH & WELFARE

ARTICLE 32: TRAVEL

ARTICLE 33: 401(k)

ARTICLE 34: MISCELLANEOUS

ARTICLE 35: WAGE RATE SCHEDULE

ARTICLE 36: TERM AND NOTICE OF CHANGE OR TERMINATION

PREAMBLE

The parties have entered into this Agreement for the purpose of setting forth in writing the understandings reached with respect to wages, benefits and working conditions of employees covered hereby, as well as to the rights of the Company and the Union, and to provide a peaceful, uninterrupted means for the settlement of any disputes which may arise with respect to the interpretation or application of the understandings and agreements as set forth herein.

AGREEMENT

This Agreement is made and entered into this day on April 21, 2021, with Noted Economic Articles effective on June 1, 2021, as to be effective by and between United Paradyne Corporation (hereinafter referred to as (“the Company” or “the Employer”) and the International Association of Machinists and Aerospace Workers, District Lodge 112, Greyhound Local Lodge 759, (hereinafter referred to as “the Union).

This Agreement shall remain in effect until midnight on May 31, 2025 without reopening rights for any purpose by either party except by mutual consent. This Agreement shall automatically renew itself from year to year thereafter, unless written notice of desire to terminate the Agreement is given by either party at least sixty (60) calendar days prior to any annual expiration date thereafter. If such written notice of desire to terminate is given, the parties may nevertheless mutually agree in writing to extend this agreement for a specified length of time beyond the expiration.

ARTICLE 1: RECOGNITION

The Company hereby recognizes the Union, its designees and representatives, its successor and/or assigns, as the sole and exclusive bargaining representative for all full-time and part-time Company employees at Naval Air Station (NAS), Jacksonville, Florida working under Government Contract No. SPE600-15-C-5000 and as certified by the National Labor Relations Board in Case #12-R-181718 and such other programs and tasks as may hereafter be added by mutual agreement of the parties hereto. This Agreement excludes quality control inspectors, office clerical employees, professional employees, managerial employees, and supervisors as defined in the act.

ARTICLE 2: NON-DISCRIMINATION

The Company and the Union separately and jointly recognize their obligation to abide by those state and federal laws relating to Equal Employment Opportunity, OSHA, nondiscrimination on account of sex, race, color, national origin, religion, age, veteran status, disability status, Union activity, or other labor laws that may apply to this location. It is understood that wherever in this Agreement employees or jobs are referred to in the male or female gender; it will be recognized as referring to both male and female employees. The provisions of this agreement and conditions of employment will be applied among all employees in a fair and equitable manner.

ARTICLE 3: MANAGEMENT RIGHTS

Section 1: Except as specifically limited by this Agreement, the supervision and management of the Company to plan, direct, change, schedule, and control the operations of the Company and the personnel including but not limited to the service performed, to subcontract any work beyond the capability of the workforce or beyond the scope of the current contract (not meant to displace bargaining unit work), the location of the workforce, the schedules and fair standards of employee performance, the schedules and hours of shifts, the methods, processes, and means of providing services, materials to be purchased, determination of staffing requirements (including overtime) the right to hire, promote, demote, transfer, lay off, assign, cross utilize, and reclassify employees, the establishment of reasonable work standards and rules of conduct, the suspension, discharge or discipline of employees for just cause, and the management of efficiency of employees, are the sole and exclusive right and responsibilities of the Company.

Section 2: The Company agrees to meet and confer with the Union prior to the implementation of new policies during the duration of this agreement. All past practices are null and void from this agreement, and will not constitute a precedent in the future enforcement of the terms and conditions.

Section 3: The Company’s exercise of its management rights under this article will be subject to the grievance and arbitration provisions of this agreement.

ARTICLE 4: UNION ACCESS

Access is subject to Naval Air Station Jacksonville, Florida and other national level security restrictions and requirements. The Company agrees that the Union Representative shall be allowed to visit employees while they are on the job in the Company’s operations for the sole purpose of investigating grievances or complaints related to provisions of this Agreement or insuring the terms and conditions of the Agreement are being complied with. Prior approval will be obtained from the site manager or designee and such visits shall not interfere with production of work being performed. Upon 2-days advance notice, the company will arrange for facility access during working hours, such approval shall not be unreasonably withheld. The Representative shall notify the site manager or designee of their arrival and departure of the Company’s operation.

ARTICLE 5: UNION SECURITY AND RIGHTS OF EMPLOYEES

Section 1: Check-Off. During existence of this agreement, the Company, insofar as permitted by state and federal law, shall deduct from out of the current net earnings payable to an employee covered by this agreement, applicable Union dues or agency service fees, initiation fees and re-instatement fees, upon receipt of and in accordance with a deduction authorization, duly executed by the employee, on a document provided by the Union and shall continue deductions until such authorization is duly revoked by the employee. Failure to authorize union dues or applicable service fees deductions does not relieve employees from the Union agency shop obligation under this article. As provided in the authorization form, it shall contain at a minimum the name, signature, and social security number of the employee executing the form.

Section 2: Deductions. Deductions due the employee pursuant to this article shall be made from the net earnings due the employee and shall be payable on the first payroll period of each month. Such payroll deductions shall be made by the company beginning with the first payroll period of the month.

Section 3: Insufficient Earnings. In the event an employee does not have sufficient earnings on a regular pay day to cover the amount of said deductions, the company shall make such deductions from the earnings due the employee on the next regular pay day when available.

Section 4: Remittance of Dues. Deductions shall be remitted to:

General Secretary Treasurer IAMAW 9000 Machinists Place Upper Marlboro, MD. 20772

No later than 10 days following pay day the Company shall furnish to the Financial Secretary at the same time, a list showing those members for whom deductions have been made in the amount thereof.

Section 5: When Dues Are Not Deducted. Should an employee be promoted or transferred to a classification not covered by this agreement, the Company shall cease deducting applicable service fees or dues from such employee. When ceasing to deduct the applicable service fee or dues for reasons cited in this section, the Company shall submit to the financial secretary of District Lodge #112 the names of all such employees who have been promoted or transferred.

Section 6: Agency Shop. As provided herein all employees in the bargaining unit now or hereafter employed in the classifications and work covered by this agreement, and as it may have been supplemented or amended, shall as a condition of continued employment in such work become and remain members in good standing in the Union or pay applicable service fees thirty (30) days following the beginning of employment or the effective date of this agreement, whichever is later. Each employee shall receive from the Union a notice of their obligations under the Union Agency Shop provisions of this article and shall sign for the receipt of such notice.

Section 7. Indemnify. The Union will indemnify and hold the Company harmless against any and all claims, liabilities, demands, lawsuits, or other forms of liability and demands made against the company because of any action taken by the company with this article.

ARTICLE 6: HOURS OF WORK

Section 1: A typical regular work week for full-time employees shall consist of forty hours per week, scheduled Monday through Friday, five (5) consecutive eight (8) hour days. Should a change in requirements for weekend coverage occur due to customer demands or scheduling constraints making it impractical to use only Monday through Friday schedules the Company may implement 40 hour workweek, in excess of eight (8) hours per day or which would be other than Monday through Friday. The Seniority List will be used to determined alternate work schedule preferences, i.e. Monday-Friday. An employee’s work schedule will be a continuous shift unless operations dictate otherwise.

Section 2: Meals and Rest Periods.

Employees shall not interrupt the flow of work nor shall they interrupt servicing operations for rest or meal breaks without proper relief or explicit approval of the fuel dispatch center.

Each employee shall receive a fifteen (15) minute paid rest period during each four

(4) hours of work approximately towards the middle of each four (4) hour work segment.

Employees other than DSO’s and Dispatchers, scheduled to work more than five

(5) hours per day shall be entitled to an uninterrupted/unpaid meal period of at least thirty (30) minutes. The employer will make every reasonable effort to schedule the meal periods at or near the middle of the shift.

The employer, per the Performance Work Statement (PWS) will provide meal breaks for employees performing DSO and Dispatchers duties. These meals periods shall be furnished to such employees without deduction in compensation.

Section 3. Full-time and Part-time Employees. A full-time employee is an employee who regularly works forty (40) or more hours per week on a regular recurring basis throughout the year. Part-time employees work a scheduled workweek less than forty (40) hours per week.

Section 4. Shift Schedules. Shift schedules shall be in accordance with the Performance Work Statement (PWS) under Government Contract No. SPE600-15- C-5000:

Section 5: Shifts.

Swing Shift. The Company shall assign swing shift employees by first asking for volunteers starting with the most senior qualified employees. If unable to get enough volunteers the least senior qualified employee shall work the required swing shift.

Mid Shift. The Company shall assign mid shift employees by first asking for volunteers starting with the most senior qualified employees. If unable to get enough volunteers the lease senior qualified employee shall be assigned mid shift.

No employee that is already on shift shall be docked hours as a result of schedule changes to mission.

Section 6: The Company will post two (2) schedules – one for the current week and one for the following week.

Section 7: Part Time Call-In for Replacement Coverage and/or Extra Workload.

The Company will meet its part-time requirements by calling, on a rotating basis, part-time employees who normally perform the work by seniority, qualifications and disciplinary status. The part-time employee must respond within five (5) minutes to accept the shift. In case of an emergency or evening notification (evening notification constitutes the hours of 6pm to 6am), the response time will be reduced to the first person who is contacted and volunteers.

In the event that there are insufficient volunteers to meet the requirement, the supervisor may designate and require the necessary number of employees to work. The calls will be logged and the record maintained and made available to the Union upon request.

Part-time employees are scheduled at management discretion.

Part-time employees are required to provide management their schedule of availability to work 2 weeks in advance. In the event of a change in availability, part-time employees are to notify management as soon as practical of the change.

ARTICLE 7: SHOP STEWARDS

Section 1: It is hereby understood and agreed that the Union may assign one (1) Shop Steward and one (1) Alternate Shop Steward from United Paradyne Corporation to represent bargaining unit employees. The Union will notify the Company in writing of the individuals so selected in this capacity.

Section 2: It is agreed that the Steward will have full-time job duties to perform as an employee and that they will keep time spent in handling grievances to a minimum. A steward shall notify and obtain permission from their supervisor before leaving their work assignment for the purpose of investigating complaints or claims of grievance on part of employees or the union or contacting the union representative in regard to such claim or grievance. Such permission will be granted unless there is a substantial reason for delaying the contact or the investigation due to safety conditions or the fact that a critical operation is in process. If a steward is not released, they shall be notified as to the nature of the delay and the expected time which they may leave. This time off will be granted without loss of pay. It is the intention of both the Union and the Company that the shop steward’s time away from the job will be to the minimum necessary to handle the situation.

ARTICLE 8: SUBSTANCE ABUSE POLICY

Section 1: The Company and the Union are committed to providing employees with a drug-free and alcohol-free workplace. It is the goal of both parties to protect the health and safety of employees and to promote a productive workplace, as well as to protect the reputation of the Company, the Union, and the employees.

Consistent with these goals, the Company prohibits the use, possession, distribution, or sale of drugs, drug paraphernalia, or alcohol on Company premises. The Company also prohibits an employee from being under the influence of illegal drugs or alcohol while at work. Bargaining unit employees may be subject to drug and alcohol testing under the Company’s substance abuse policy. The Company agrees that any such testing will be conducted in compliance with applicable federal and/or state regulations. All drug and alcohol testing will be at the expense of the Company.

Section 2: Random Drug Testing. Under Department of Transportation (DOT) regulations, all Employees who hold a Commercial Driver’s License (CDL) will be subject to random drug and breathe alcohol testing.

Employees will be notified by management when a drug or alcohol test is required.

Notification will be delivered in a confidential manner. The time required for travel to and from the collection facility and the time spent during collection will be paid at the employee’s regular rate of pay.

Section 3: Employees wishing to seek assistance for drug or alcohol abuse may self-identify and take a leave of absence to receive such treatment, without fear of being disciplined, provided that they do so prior to the day on which they; a) are directed to take a random test, b) are involved in an accident / incident, or c) engage in conduct that gives rise to reasonable suspicion to be tested. In exercising this option, the employee shall enter into and complete a medical treatment program at his or her own expense. The employee may be required to submit to random / regularly scheduled testing after completion of the program for a period of up to six (6) months. Failure of the employee to comply with these provisions after seeking safe harbor shall be grounds for termination by the Company.

Section 4: Testing shall be done with the split sample method. A copy of all documentation of the testing process shall be provided to the Employee, and to the Union upon request, to include any chain of custody documents.

ARTICLE 9: NO STRIKE / NO LOCKOUT

Section 1: The Union, its officers, agents, representatives and members agree that for the duration of this Agreement there will be no strikes, sit downs, slowdowns, stoppages of work or any acts of any nature which would slow down or interfere with production and no picketing of any kind on NAS Jacksonville land, whether predicated upon economic issues, grievances, contract violations whether real or alleged. The Company agrees that for the duration of this Agreement, there will be no lockouts.

Section 2: In the event of any violation of Section 1 of this ARTICLE, the Union, following written notice from the Company, will take all reasonable steps required to bring an end to such action and advise the employees to return to work.

Section 3: The Company agrees that for the duration of the Agreement there shall be no efforts to lockout or in any way deny access or work for employees covered by the Agreement.

ARTICLE 10: GOVERNMENT SECURITY

Section 1: The Union recognizes that the Company may now have, or may incur in the future, obligations with respect to worksite access and the security of information and materials under contract with the Government.

Section 2: The Union agrees that nothing contained in this Agreement will place the Company in violation of security agreements with the Government.

Section 3: It is understood by and between the parties hereto that, as a necessary condition of continued employment, employees will be subject to investigation for base security clearance or national agency check and unescorted entry authorization to restricted areas under regulations prescribed by the Department of Defense, or other agencies of the United States Government on government work and that denial or withdrawal of such clearance and/or unescorted entry authorization by such governmental agency will be cause for discharge due to the inability to meet job and contractual requirements.

All base security clearance and background checks will be at the expense of the Company.

Section 4: The Company will reinstate the seniority of an employee who could not obtain and/or maintain on-site base security clearance to include unescorted access to the Company managed facilities; inability to obtain and maintain a Government granted interim or final security clearance, inability to obtain or maintain a Commercial Vehicle License’s with hazardous materials with trailer/tanker endorsements and/or others certifications or qualifications such as Airfield Vehicle Operation License and Flightline certifications as may be required provided it is reinstated within thirty (30) days of the time it is denied or revoked.

The parties may mutually agree to extend such time period. Any employee whose seniority is reinstated under this provision will be reinstated in his previously held occupational title. If it is not re-instated within thirty (30) days, the employee will have nine (9) months to get it reinstated; if it is reinstated within nine (9) months they will be placed in the next available position for which they are qualified.

Section 5: The parties agree to ensure strictest confidence is adhered to concerning the security of any personal information of employees. The Union recognizes that the Company may now have, or may incur in the future, obligations with respect to security and release of employee information pertaining to disability and related limitations.

ARTICLE 11: SENIORITY

Section 1: Probation Period. New employees shall be on probation for the ninety

(90) calendar days from the initial hire date during which time they are without seniority and may be discharged at the sole discretion of the Company and not subject to the grievance provisions of the Agreement. It is understood those employees hired who do not satisfactorily pass either the pre-employment medical test or the security background check will not be considered probationary employees under this section until they physically start work onsite with unescorted access. Layoffs or terminations during the probationary period will not be subject to the grievance and arbitration procedure.

If retained after the probationary period, their names will be place on the Seniority List with their initial hire date. The Company will provide the employee(s) a copy of the negotiated agreement and be introduced to the shop steward upon hire.

The shop steward will have reasonable time to review the negotiated agreement with the employee(s).

Section 2: Definitions. Seniority is defined as the total unbroken length of an employee’s service with the company including the whole span of service with the present contractor, or successor, and with predecessor contractors, in the performance of any covered bargaining unit work at NAS, Jacksonville, Florida.

The Company and the Union will meet and confer on the seniority dates of the existing employees. Employees hired on or after the date of contract ratification will establish their seniority from date of hire with the Company.

Seniority will not be adjusted for:

1. Periods of approved absence with leave.

2. Periods of layoff due to lack of work. Up to twelve (12) months.

3. Periods of absence due to medical leaves for injury or illness as per Federal and

State Laws.

When two or more employees are hired on the same day, the last four digits of their Social Security Number will then be used for purposes of layoff, recall and promotion, i.e. if two employees have the same seniority date, the employee that has the lowest number will be considered to be the most senior of the employees hired on the same day.

Section 3: Seniority List. A seniority list will be maintained by the Company and will be made available to the Union upon request. The Company shall also furnish a list to the Union reflecting new hires or rehires, their classification, their date of hire, and termination or layoff dates. Employees transferring from other sites within the company, on this Agreement, retain their original seniority date for benefit and vacation purposes only.

Section 4. Steward Seniority. The active stewards will have superseniority with regards to layoff and recall.

Section 5 An employee's seniority will be terminated and his rights under this Agreement forfeited for the following reasons:

1. Discharge for just cause.

2. Resignation

3. Failure to respond to recall notification within the time frame established.

4. Failure to be recalled from layoffs within twelve (12) months.

5. Failure to report immediately for work upon expiration of an approved leave of absence.

6. Terminated for failing to obtain and/or maintain on-site facility access or

Government granted interim or final security clearance.

7. Terminated for failure to obtain/maintain a Commercial Vehicle License with hazardous materials and trailer/tanker endorsements if required to perform respective job assignment.

8. Retirement.

9. Employees who leave the bargaining unit for another position with the

Company.

ARTICLE 12: LAYOFFS AND RECALL

Section 1: Layoff Notice. When it becomes necessary to reduce the number of employees at the work site, employees shall be laid off in accordance with their seniority within a particular job classification. An employee slated for layoff shall have the right to displace a less senior employee in a lesser-rated job classification, which the less senior employee previously held, provided he is currently able and qualified to perform that lesser rated job and provided he notifies the Company in writing of his desire to displace the less senior employee within 3 work days of being notified of layoff. The Company shall notify the Union and affected employee(s) as soon as the Company is aware of any potential layoffs.

Section 2: Recall. Employees laid off will be recalled as follows: In accordance with their seniority, the Company shall recall employees who have been laid off from the job classification in which the opening exists. If there is no one on layoff who was laid off from that position, then the Company will recall the most senior person on layoff who is qualified for the open position. The Company shall send recall notices by certified mail to the employee’s last known official address.

The employee shall report to work within seven (7) calendar days after receipt of the notice to report to work. If the employee does not report to work within seven

(7) calendar days, the employee will be deemed to have abandoned their job and will be removed from the Seniority List. The Company agrees that an employee may request a later return to work date for extenuating circumstances. The Company will notify the Shop Steward of this situation as soon as possible.

Section 3: Change of Contract. The Company shall notify the Union as soon as the facts are known that there will be a change in the status of the Company’s contract with the Customer that may impact the bargaining unit and provide a current Seniority List.

ARTICLE 13: PROMOTIONS

Section 1: It is the preference of the Company to promote from within, based on the skill and ability of an employee to perform the work. The Company may promote employees to any open position(s) from within the bargaining unit if employees have the qualifications, skills and ability necessary to do the work.

Where Employee qualifications and job performances are determined to be equal as determined by the company, seniority will be the determinant, as long as an employee is not considered to be in a disciplinary status. Employees who are pending or undergoing disciplinary measures (e.g., a suspension, or a performance improvement period) imposed as a result of an official Company counseling action, regardless of seniority, will not be considered for promotion.

If no employee within the bargaining unit possesses the qualifications, skills and abilities to fulfill the open position, the Company may hire from outside the existing organization and shall notify the Union of such intent.

Section 2: The Company will notify the Union and bargaining unit employees of any openings to be filled by posting such openings on Company bulletin boards at least seven (7) work days prior to filling such vacancies. The postings shall contain the position(s) open and the method that employees may apply for such openings.

Section 3: Promoted or transferred employees will be considered on probation in the new position up to sixty (60) calendar days. During this period, the Company may, at its discretion, reclassify the employees to their former occupations (bumping his replacement to their former position) if it is determined by the Company that the employee is not performing the job satisfactorily.

Promotions or transfers of employees to any open position is dependent on operational requirements and will not be effective until a replacement is hired.

Section 4: The Company may temporarily upgrade an employee to a higher paid classification. The employee shall receive the higher rate of pay for all work performed at the higher classification. When the employee moves back to his/her lower classification, their pay reverts back to the lower classification as well.

Promotion and Seniority rules apply to all promotions to a higher paid classification. Temporary promotions shall not be used to circumvent promotion to any regularly permanent position and shall not normally be used in excess of thirty (30) work days but in no case shall the promotion exceed ninety (90) work days.

Section 5: Employees shall continue to receive the highest rate of pay for their regularly permanent classification for any / all directed or reassigned tasks at a lower classification.

ARTICLE 14: DISCIPLINE

Section 1: The Company shall only initiate disciplinary action for just cause. Any discipline imposed will be consistent with other proven offenses.

Section 2: Offenses with warning notices. All employees are required to comply with the Company's regulation, and standards of behavior and performance. The Company has established a progressive discipline policy in which it attempts to provide employees with notice of deficiencies and opportunity to improve.

The Company reserves the right to discipline and discharge any employee, for just cause and the determination of just cause will be subject to the grievance and arbitration procedure of this agreement. No employee will be discharged, except as hereinafter provided, unless he/she has been given written notices and a copy thereof will be given to the Union. Such notice will state the complaints of the Company.

• 1st Offense – Documented Verbal Warning

• 2nd Offense - may involve Written Warning

• 3rd Offense - may involve Suspension

• 4th Offense - may involve Discharge

Section 3: Offenses without warning notices. No warning notice will be given to an employee before he is discharged if the cause of the discharge is for serious misconduct, or other circumstances, such as, but not limited to:

1. Unauthorized use, removal, photographing, copying, or otherwise reproducing employee lists, Company or customer records or information including confidential trade information.

2. A significant safety violation as determined by the Company or the government.

3. Possession, consumption, use, transfer or being under the influence of alcoholic beverages, marijuana, inhalants, intoxicants, illegal drugs, narcotics, or the misuse of legal drugs, on Company time, or in areas of buildings assigned to the Company including lunch and dinner breaks.

4. Insubordination. Insubordination includes, but is not limited to, a pattern or isolated instance of challenging a supervisor’s or Lead’s authority or a refusal, after a supervisor or Lead gives a direct order and explains the consequences of refusal, to perform assigned work; unless the refusal is due to a working condition which is unsafe or unhealthful.

5. Theft, attempted theft, destruction, abuse, or unauthorized removal of property of the Company, other employees, the government or others.

6. Leaving the job without relief or permission,

7. Negligence resulting in major or costly damage,

8. Unless work related, an employee is absent for three (3) days without previously notifying the Company, except in cases of justifiable extenuating circumstances. (Job Abandonment)

9. An employee fails to return to work within seven (7) calendar days of notice of recall given by the Company or by Registered or Certified mail.

10. An employee overstays a leave of absence without notifying the Company.

11. Possessing of unauthorized or illegal firearms or other dangerous weapons at work or during the course of employment or in areas assigned to Company at any time.

12. An employee gives false reasons for obtaining a leave of absence.

13. Falsification of Company, State, Federal or contract related records or providing false documentation, testimony or withholding relevant information on official statements.

14. An employee loses his/her base clearance, unescorted access to Company managed facilities, security clearance, certifications or qualifications, such as a CDL, Airfield Vehicle Operation License, and Flightline certifications.

15. Engaging in a strike, sympathy strike, work or productivity slowdown, picketing, or other act in violation of the No Strike - No Lockout provisions of this Agreement.

16. Failure or refusal to submit to random drug/alcohol screening or reasonable suspicion drug/alcohol screening or workplace accident drug/alcohol or unsatisfactory results from such screening.

17. Destruction, abuse, or unauthorized removal of property of the Company, other employees, the Company’s customers, or the general public.

18. Threats, fighting, inciting a fight or attempting to physically injure others on Company time or in areas assigned to the Company at any time.

19. Sleeping on the job.

20. Violation of Navy, Company or other regulatory, technical, or safety policies.

21. An employee has been in layoff status or is absent because of sickness or injury or similar cause for more than twelve (12) months; extension may be granted upon written request.

Section 4: Employee(s) shall have the right to Union representation during any interview that may be disciplinary in nature or lead to any discipline. All formal disciplinary notices and warnings will be reduced to writing.

Employees will sign and receive a copy of all disciplinary notices. It will be understood that their signature may not be construed as an admission of guilt, but only as acknowledgement of receipt of the notice.

Section 5: Just Cause. An employee will have the right to a Shop Steward to be present during an investigative interview involving matters, issues or events which he/she feels may possibly lead to disciplinary action. In all cases where disciplinary actions are given to employees, the Chief Steward Union Representative will be provided with a copy of said actions.

ARTICLE 15: GRIEVANCE PROCEDURE

Section 1: Grievances or complaints arising between the Company and its employees subject to this Agreement, or the Company and the Union, with respect to the interpretation or application of any of the terms of this Agreement, will be settled according to the following procedure.

Section 2: Employee Grievance: All grievances beyond Step 1 below, involving employee claims will be in writing on grievance forms provided by the Union and shall be signed by all employees claiming rights there under. In an effort to adjust employee grievances by mutual agreement, they will be presented in the following order and within the following time limits:

Step 1: Oral Discussion. The employee(s), with or without their Steward, shall promptly bring a grievance to their supervisor within ten (10) working days following the event or discovery of the event-giving rise to the grievance.

Upon mutual agreement between the Union and Company and under extraordinary circumstances the Shop Steward may file a grievance on behalf of the employee. If a satisfactory decision and settlement is not reached within ten (10) working days then:

Step 2: Grievance Reduced to Writing. Within ten (10) working days following the Step 1 decision, a written grievance containing the ARTICLE or SECTION which is claimed to be violated and the remedy requested, must be signed by the employee and submitted by the Steward and taken up with the Site Manager or designee. A grievance meeting will be scheduled within ten

(10) working days. Within ten (10) working days following the grievance meeting, the Site Manager will reply in writing. If the written reply is not deemed a satisfactory resolution, then:

Step 3: Written Grievance Handling at International Representative and Company Human Resources and Operations Level. Within ten (10) working days of the Step 2 reply, the grievance may be moved to Step 3 by written appeal to the Company’s Corporate Human Resources Department (HR). A representative from the HR department and the Business Representative or designee of the Union, will discuss the grievance within ten

(10) working days after receipt of the grievance being placed into a third step.

A written reply from the Human Resources Department will be given to the

Union within ten (10) working days after the meeting. If no resolution, then:

Step 4. Written Grievance Handling at International Representative and Company President Level. If no settlement is reached in Step 3 within the specified or agreed time limits, the International Representative or his designee may at any time thereafter submit the grievance to the Company’s President. After such submission, the designated representative of the Company and the International Representative or his designee may, within the next ten (10) workdays, unless mutually extended, settle the grievance and, over their signatures, indicate the disposition made. Otherwise, upon the expiration of such ten (10) day period, or agreed extension thereof, the President and the International Representative, or his designee, will sign the grievance and their signatures will indicate that the grievance has been discussed and reconsidered by them and that no settlement has been reached.

STEP 5. Mediation: If no agreement has been reached within ten (10) working days, per Step 4, either party may submit the grievance or dispute to the Federal Mediation and Conciliation Service (FMCS) for resolution upon the expiration of the ten (10) working days. The cost of FMCS is shared equally between the Company and the Union. If mediation does not settle the matter then:

Step 6. Arbitration. If no resolution has been reached in Step 5, the Union may submit the grievance or dispute to arbitration as covered in ARTICLE 16, “Arbitration Procedure”.

Section 3: Union grievances. Processing of grievances, which the Union may have against the Company, will begin at Step 3, described in this ARTICLE and will be limited to matters dealing with the interpretation or application of terms of this Agreement. Such grievance will be submitted in writing to the designated representative of the Company.

The grievance will be in writing and signed by the designated representative of the Union and submitted within fifteen (15) working days from the date of the event or discovery of event giving rise to such grievance. The Labor Relations Representative or designee, and the Business Representative or designee of the Union, will meet within ten (10) working days after receipt of the grievance into a third step. A written reply from the Company’s Labor Relations Representative will be given to the Union within ten (10) working days after the meeting. If no agreement has been reached after the meeting, the Union may submit the grievance or dispute to arbitration as covered in ARTICLE 16 “Arbitration Procedure.

Section 4: A settlement made with respect to any grievance in the first or second step shall apply to that grievance only and shall not become a binding precedent in the case of other grievances or a precedent, which will bind the parties as an interpretation of the Agreement. All settlements must be consistent with the terms and conditions of the Agreement.

Section 5: Any aggrieved employee and Union representative will have the right to be present at any stage of the grievance procedure in which the grievance is being considered.

Section 6: An employee has the right to examine his or her timesheets and other records pertaining to the computation of compensation.

Section 7: Failure to meet prescribed time limits in each step renders grievance settled. It is understood that the time limits specified herein may be extended by mutual agreement of the parties hereto.

ARTICLE 16: ARBITRATION PROCEDURE

Section 1: The Union shall give written notice to the Company setting forth the matter to be arbitrated. If said notice is not served within a thirty (30) calendar day period following the Step 5 decision of the Grievance Procedure, it shall be deemed that the grievance has been satisfactorily adjusted and the right to arbitrate waived.

Section 2: In the event the Union submits a grievance to arbitration, a panel of seven (7) arbitrators will be requested from the Federal Mediation and Conciliation Service. The parties will meet within fifteen (15) days from receipt of such list in order to strike for an arbitrator. Lot will determine the right to first strike a name;

the other party shall then strike a name. This procedure shall continue alternately until one (1) name remains. The cost of the panel shall be equally shared by the parties.

Section 3: The decision of the arbitrator shall be final and binding on all parties.

However, the arbitrator shall not have jurisdiction or authority to add to, subtract from, modify, or in any way change the provisions of this Agreement. All fees for the arbitrator and any court reporting / transcripts shall be borne equally by the Company and the Union. Each party shall pay any and all expenses for their own representative and witnesses.

ARTICLE 17: LEAVE OF ABSENCE

Section 1: Personal Leave. The Company may, in its sole discretion, approve leave of absence without pay up to ninety (90) calendar days for personal reasons. The 90-day limit may be extended by agreement of the Company in its sole discretion. Such leave must be requested in writing and approved by Human Resources through the Site Manager. Said request must also state the reason for the unpaid leave. Employees must request such leave at least ten (10) calendar days prior to the date the leave would commence, except in cases of emergency.

Section 2: Medical Leave of Absence. Time off, without pay, after exhaustion of available paid time off benefits will be provided for documented sickness or injury to the employee or his/her family member which renders an employee unable to perform work, if eligible. Said period will not exceed twelve (12) weeks but may be extended month-by-month for up to twelve (12) months, provided the employee’s unrestricted return to duty is reasonably foreseeable within the period of extension. A medical leave along with its established eligibility requirements will be granted in accordance with Company policy and applicable laws.

Section 3: Failure to Return to Work from Leave of Absence. Failure to return from a leave of absence on the first scheduled work day following the expiration date of said leave without prior approval, may result in disciplinary action up to and including termination being imposed by the Company.

Section 4: Military Leave. Employees ordered to active duty for annual training with the National Guard or Reserve component of organized military reserve units, shall be granted a temporary military leave of absence not to exceed the number of days allowed by law including travel. The employee must furnish the Company a copy of their military orders at the time the leave is requested. Upon request, an employee will be paid the difference between their regular base pay and their military pay provided a Leave and Earnings Statement is submitted.

With advanced notice and work schedules permitting, an employee may elect to take vacation or a leave of absence without pay to participate in other types of inactive military training opportunities.

In the event that a mobilization of an employees’ military unit is enacted, or a training regimen is required, to the extent required by the Uniformed Services Employment and Reemployment Rights Act, an employee’s seniority shall continue to accrue and upon their release from such mobilization the employee shall be reinstated to their previously held occupation and title. Also the rest period before returning to regular work is per applicable law.

Section 5: Jury Duty. Employees summoned to serve for selection of and/or jury duty will receive full jury duty pay for up to 5 days. The employee will receive the difference between gross fees received, excluding legitimate mileage, and the employee’s regular earning that would have been paid for their shift at the base rate of pay for each day of service. Notice of jury duty must be given to the Company upon receipt of a jury summons, and proof of such service must be submitted to the Company before this article will apply. Jury duty will be prorated for part-time employees.

Employees required to work shift work will be considered as assigned to day shift temporarily during jury duty service.

Section 6: Union Business. Employees covered by this Agreement shall have the right to request leave without pay or utilize earned vacation for the purpose of attending Union conventions, conferences and meetings. When such requests cannot be granted due to operational considerations, the supervisor shall provide such denial in writing.

ARTICLE 18: BARGAINING UNIT WORK

Non-bargaining unit employees in job classifications not covered by this agreement shall not perform work typically performed by employees in the bargaining unit, except in cases of training or emergencies. The term “emergency” is defined to mean an unforeseen circumstance. This article shall not be construed to prevent employees outside the bargaining unit from performing work normally within their regular duties. The company agrees that none of the above circumstances as listed above will cause a bargaining unit employee to be laid off, displaced or excluded from overtime. The Company agrees that there shall be no contracting out of bargaining unit work, except as may be needed to cover work surges of anticipated limited duration (than as opposed to an anticipated long term requirement), or to secure special skills or equipment not possessed by the work force or the company.

ARTICLE 19: SAFETY

The Company will make reasonable provisions for and the Union will cooperate with the company in providing for the safety and health of employees. The company shall comply with applicable Federal, State and Local laws and regulations regarding safety and health, relative to its operations at NASJ, Florida. The Company will minimize and/or eliminate known hazards by reasonable safeguards.

However nothing in this article is intended to conflict with the Company’s contractual requirements to the Navy. Should a conflict arise, stipulations of the Contract will prevail.

Employees will be required to comply with all safety rules, and failure to do so may result in discipline up to and including discharge.

ARTICLE 20: BULLETIN BOARDS

The Company agrees to provide a bulletin board at an appropriate location for exclusive use of the Union for the purpose of legitimate business of interest to the employees.

It shall be the responsibility of the shop steward to post appropriate notices.

ARTICLE 21: CHANGE OF ADDRESS

The employees are responsible for notifying the Company of their proper mailing address and current telephone number. Laid off employees are also responsible for notifying the company of their proper mailing address and current telephone number to maintain recall rights. The company shall be entitled to rely upon its records and shall be held harmless for any actions that may arise out of said reliance.

ARTICLE 22: TOOLS

The Company agrees to furnish all specialized tools, equipment, and personal protective clothing as required under Company policy, the Contract or applicable regulations.

Employees in some trade positions supply their own tools and equipment unless required tools or equipment are unique to the company's work requirements.

Personal tools or equipment will be in good repair during employment.

The Company may require safe work attire. If an employee must wear protective clothing or any protective device, excluding garments and footwear used by employees as items of personal apparel, it will be provided by the Company.

ARTICLE 23: EFFECT OF LAW

In the event that now, or hereafter, there is any State or Federal law or any directive, order, rule, or regulations made pursuant thereto, which is in conflict with any provision of this Agreement, it is mutually agreed that within thirty (30) calendar days after such provision or provision become unlawful the parties shall meet to discuss a modification of such provision or provisions to comply with the law. In all other respects the provisions of their Agreement shall continue in full force and effect for the duration of this Agreement.

ARTICLE 24: SUCCESSOR AND ASSIGNS

The Agreement shall be binding upon and shall inure of the parties hereto, their successors, administrators, executors and assigns until its expiration, or until it is changed by mutual agreement of the parties. It is the expressed intent of the parties that the Agreement shall remain in effect for its full term.