Attachment 0012 PATCO and Dynamic Science - Gabreski CBA ATC Ops and Mx.pdf

COLLECTIVE BARGAINING AGREEMENT

Between

Professional Air Traffic Controllers Organization and

Dynamic Science, Inc.

for

Electronic Maintenance Technicians

Employed at

Francis Gabreski Airport, NY

PATCO/DSI Gabreski CBA

Page i

Professional Air Traffic Controllers Organization and

Dynamic Science, Inc.

Table of Contents Title Page Number

Agreement Preamble

Scope of Bargaining

ARTICLE 1 Recognition

Section 1 – Inclusion

Section 2 – Exclusions

Section 3 - New Positions/Classes

ARTICLE 2 Gender Reference

ARTICLE 3 Dues Check-Off/Union Security

Section 1 - Deductions

Section 2 – Remittance Section 3- Termination of Deduction

ARTICLE 4 No Discrimination

Section 1 – Non-Discrimination Policy, Age, Sex, Race, Color, Religion, National Origin, Physical Handicap, Disability, Sexual Orientation, Marital Status

Section 2 – Non-Discrimination Union Activity

ARTICLE 5 Union Rights

ARTICLE 6 Employee, Management And Union Communications

Section 1 - Consultation Meetings

Section 2 - Position Classifications

Section 3 - Representatives Access

ARTICLE 7 Employee Rights

ARTICLE 8 Management Rights

Section 1 – General

Section 2 – Specific Rights

Section 3 - Limitations on Management Rights Section 4 – Emergency Conditions

ARTICLE 9 Changes in Past Practices/Terms/Conditions of Employment

ARTICLE 10 Grievance Procedure

Section 1 – Definitions

Section 2 - Dispute Resolution

Section 3 - Union Representation

Section 4 – Procedures

ARTICLE 11 Personnel Files

Section 1 – Official File Section 3 – Review of the File

Section 4 - Reproduction of File Contents

Section 5 – Late File Additions

Section 6 – Training Records

ARTICLE 12 Disciplinary Action

Section 1 – General

Section 2 – Employee Rights Section 3 – Use of Grievance Process

Section 4 – Copies of Correspondence

ARTICLE 13 Seniority and Layoff

Section 1 – Seniority

Section 2- Loss of Seniority

Section 3 – Layoff and Recall

ARTICLE 14 Vacancies/Promotions/Assignments/Above Grade/Transfers

ARTICLE 15 No Strike Clause

ARTICLE 16 Dress Code

ARTICLE 17 Replacement of Personal Property

ARTICLE 19 Attendance

Section 1 - Basic Workweek

Section 2 – Basic Workday Section 3 – Overtime

Section 4 – Callback Compensation

ARTICLE 20 Holidays

Section 1- Holidays Observed

Section 2- Eligibility for Holiday Pay

ARTICLE 21 Leave

Section 1 – Vacation Leave and Termination Pay

Section 2 - Funeral and Bereavement Leave

Section 3 – Court Leave Section 4 – Military Leave

Section 5 – Leave Without Pay/Leave of Absence

Section 6 – Sick Leave

ARTICLE 22 Alcohol and Substance Abuse Policy

ARTICLE 23 Benefits

ARTICLE 24 Evaluations

ARTICLE 25 Salaries

ARTICLE 26 Union Publication and Information and Use of Employer’s Facilities

Section 1 – Union Public Relations Materials

Section 2 – Bulletin Boards

Section 3 – Materials Distribution Section 4 – Telephone Use

ARTICLE 27 Schedule

Section 1 – Schedule Defined

Section 2 – Overtime Cancellation

ARTICLE 28 Retention

ARTICLE 29 Savings Clause

ARTICLE 30 Effect Of Agreement

Section 1 – Effective Dates

Section 2- Full Agreement

ARTICLE 31 Definition of Terms

Signature Page

Agreement

This contract is between Dynamic Science, Inc. (DSI), hereafter referred to as the Employer, and the Professional Air Traffic Controllers Organization (PATCO), affiliated with: FPD/AHPE, NUHHCE, AFSCME-AFL-CIO, hereafter referred to as the Union, as the exclusive bargaining agent of the employees described in the National Labor of Relations Board (NLRB) Case No 29-

RC-11784.

The right or persons to work shall not be denied or abridged on account of membership or non-membership in any labor union or labor organization unless inconsistent with the terms of this Agreement. The right of the employees, by and through a labor organization, to bargain collectively shall not be denied or abridged.

Preamble

WHEREAS, it is recognized by the parties hereto that the declared policy of the United States and the purpose of the National Labor Relations Act is to provide statutory rights for employees to participate in and engage concerted actions for the purpose of collective bargaining.

WHEREAS, it is the intent of the parties to this Agreement to set forth the entire Agreement with respect to matters within the scope of negotiations, and

WHEREAS, The above language is a statement or intent and therefore not subject to the grievance procedure as outlined in Article 10.

NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties do agree to the language as contained in the following articles.

Scope of Bargaining

The Scope of Collective Bargaining between the Employer and the Union shall be wages, hours, terms, and conditions of employment of the employees and all other mandatory and/or permissible subjects of bargaining.

In the event either or both parties during the course of negotiations makes a declaration of impasse, the parties agree that such impasse shall be forwarded to the Federal Mediation and Conciliation Service for mediation. Should the parties still fail to resolve the issues, they agree that the impasse should be forwarded to the Arbitration Department of the Federal Mediation and Conciliation Service for arbitration.

ARTICLE 1

RECOGNITION

Section 1 – Inclusion

(A) The Employer hereby recognizes PATCO as the exclusive representative for the purposes of collective bargaining with respect to wages, hours, and terms and conditions of employment for all persons included in the bargaining unit as determined by the NLRB

(B) This Agreement includes all full-time and part-time employees in the classification and positions as recognized in the NLRB Certification.

Section 2 – Exclusions

Specifically excluded are managerial employees and confidential employees and any other employees represented by another exclusive bargaining agent.

Section 3 - New Positions/Classes

(A) When a new position is created in a classification that is included in the bargaining unit, and the Employer believes that the position should be excluded from the unit, the Union will be notified by being given a copy of the Employer’s request to the NLRB seeking a unit clarification.

(B) When the Employer establishes a new classification that would be included in the unit, the Union will be given advance notice in writing as to the Employer’s determination of the unit into which the new classification will be assigned.

(C) If a dispute arises as to the bargaining unit assignment under 3(A) or 3(B) above, the matter shall be resolved, if appropriate, by the NLRB.

ARTICLE 2

GENDER REFERENCE

All references in this Agreement to employees of the mail gender are used for convenience only and shall be construed to include both male and female employees.

ARTICLE 3

DUES CHECK-OFF/UNION SECURITY

Section 1 - Deductions

(A) All Bargaining Unit employees on the active payroll as of the effective date of this

Agreement, who are members of the Union shall maintain their membership in the Union in good standing as a condition of continued employment.

(B) All Bargaining Unit employees on the active payroll as of the effective date of this

Agreement who are not members of the Union shall become members of the Union thirty (30) days after the effective date of this Agreement. The Employer agrees to provide reports of part-time and full-time employees to the Union upon request or as new personnel are employed at the site.

(C) All Bargaining Unit employees hired or transferred to this facility after the effective date of this Agreement shall become members of the Union no later than the sixtieth (60th) day following the beginning of such employment or transfer and shall thereafter maintain their membership in the Union in good standing as a condition of continued employment.

(D) For the purposes of this Article, an employee shall be considered a member of the

Union in good standing if he tenders his periodic dues and initiation fee uniformly required as a condition of continued employment.

(E) If an employee fails to maintain membership in good standing as required by this

Article, the Employer shall, within sixty (60) calendar days following receipt of a written demand from the Union requesting his discharge, be discharged if, during such period, the required dues and initiation fee have not been tendered. The Union and Company further agree that the Union may only request one discharge at this facility at one time and may not request any other discharge until the first requested discharged employee has been replaced and in situations where a requested termination may impede the Company’s ability to ensure continuity of the operations, the parties will agree to a mutually convenient replacement period. The Union agrees to indemnify the Company from any wrongful termination lawsuits as a result of this Article.

Section 2 – Remittance

(A) Deductions of dues, or fair share, shall be remitted by the Employer exclusively to a duly authorized representative as designated in writing by the Union, on either a biweekly or monthly cycle, along with a list containing names, social security numbers, division and amount deducted of the employees for whom the remittance is made.

(B) Employees’ transfers or promotions within the certified bargaining unit shall not require the submission of new dues authorization forms.

Section 3- Termination of Deduction

Deduction for Union dues and/or uniform assessments or fair share shall continue until either; 1) revoked pursuant to law, 2) the termination of employed, or 3) the transfer, promotion, or demotion of the employee of this bargaining unit.

ARTICLE 4

NO DISCRIMINATION

Section 1 – Non-Discrimination Policy, Age, Sex, Race, Color, Religion, National Origin, Physical Handicap, Disability, Sexual Orientation, Marital Status.

(A) The Employer and the Union shall not discriminate against any employee for any reason prohibited by law or as outlined in this Agreement. Consistent with law, employees have the right to self-organization to form, join, or assist labor unions or labor organizations to bargain collectively through representatives of their own choosing and to engage in concerted activities, for the purposes of collective bargaining or other mutual aid or protection.

(B) The Union shall have the right to consult on issues of discrimination on sexual harassment with the Employer. Any claim of discrimination or sexual harassment by an employee against the Employer under this Section shall be subject to the method of review prescribed by law or by rules and regulations having the force and effect of law and/or through the grievance arbitration procedure.

(C) Employees shall have and retain all rights guaranteed by the United States Constitution, Constitution of the State of New York, applicable statutes, and any and all Rules, Regulations, Policies promulgated by government entities or established by the Employer which are not in conflict with this Agreement.

Section 2 – Non-Discrimination Union Activity

(A) Except as outlined in this Agreement, neither the Employer nor the Union shall interfere with the rights of employees covered by this Agreement to become or refrain from becoming members of the Union.

(B) Claims of Union discrimination against the Employer, its officers or representatives, shall be reviewable either under the provisions of Article 10 (Grievance Arbitration Procedure), and/or applicable law.

ARTICLE 5

UNION RIGHTS

(A) The Union may designate one representative, of which on representative will be the primary coordinator for the facility.

(B) Union representatives and/or their designees shall be allowed to visit the facility and work site for the purpose of enforcing this agreement. The Union will attempt to provide prior notice of its visit to the lead maintenance technician.

(C) The Union Coordinator will, under normal circumstances, be granted leave without pay for his attendance at regularly scheduled Union seminars and conventions.

(D) The employer shall provide space for the employees to place a bulletin board for the purpose of displaying Union materials.

(E) The Employer shall provide the Union upon request an updated bargaining unit list including names, addresses, social security numbers and positions.

ARTICLE 6

EMPLOYEE, MANAGEMENT AND UNION COMMUNICATIONS

Section 1 - Consultation Meetings

(A) Upon request by the Union or the Employer, a representative of Employee management whose level of responsibility is comparable to the Union representative shall meet and consult.

(B) The purpose of all consultation meetings shall be to discuss matters relating to the administration of this Agreement and any activity that affects unit employees. No such meeting shall be used for the purpose of discussing pending grievances or for negotiation purposes. No later than three (3) working days prior to the scheduled meeting date, the requesting party shall indicate matters they wish to discuss.

(C) Any decision(s) reached through consultation meetings shall be reduced to writing by the requesting party and a copy furnished to the other party.

Section 2 - Position Classifications

The Employer will provide a list of position classifications and job classifications for bargaining unit members to the authorized Union representative. Any proposed revisions of position classifications or job descriptions shall be made known to the Union in a timely manner so as to afford time for appropriate negotiations.

Section 3 - Representatives Access

The Employer agrees that accredited representatives of the Union, whether local, state or national Union representatives, may be granted access to the premises of the Employer where bargaining unit members are employed, consistent with applicable law and government acknowledgement and concurrence. The Union will attempt to provide prior notice of its visit to the lead maintenance technician.

ARTICLE 7

EMPLOYEE RIGHTS

(A) Employees covered by this Agreement shall have the protection of all of the rights to which they are entitled by the Constitution of the United States, the laws of the State of New York and any Rules, Regulations or Policies of the Employer not altered or amended by this Agreement. Any Employer rules, regulations, resolutions, or policies affecting this Agreement, which impact employees’ wages, hours, and terms and conditions of employment, will not be changed without prior negotiations unless such changes are consistent with this Agreement.

(B) In any investigatory interview conducted by a representative of management, an employee shall be entitled to Union representation.

(C) An employee is entitled to Union representation in any meeting with management or its representative which the employee believes may lead to disciplinary action.

(D) An employee’s off-the-job conduct shall not result in disciplinary action unless such conduct is detrimental to job performance or in violation of Article 22.

(E) No employee shall have disciplinary action taken against him because of a debt complaint. The Employer shall not assist a creditor in collecting any debt unless required by court order or applicable law.

(F) Employee participation in charitable drives is voluntary, and no pressure shall be used to require such participation.

(G) Employees shall not be subjected to prohibited personnel practices or policies.

(H) No employees shall have disciplinary action taken against him based on anonymous sources.

(I) Each employee shall be provided a copy of his current job description, which shall be treated as company proprietary information.

ARTICLE 8

MANAGEMENT RIGHTS

Section 1 – General

It is recognized that all management functions, whether heretofore or hereafter exercised and regardless of the frequency or infrequency of their exercise, including but not limited to full and exclusive control, discretion and supervision of operations and transfer employees are vested solely in the Employer.

Section 2 – Specific Rights

Except as otherwise modified by this Agreement and without limiting the provisions of Section 1 of Article 8, but in order to clarify some of the more important rights retained by management, the Employer shall have the right to:

(A) Determine the qualifications for all current and new hire employees,

(B) Determine the number of employees it shall employee, establish new jobs, abolish or change existing jobs, employees and working hours. The Union representative will be notified of any proposed changes, and any impact of proposed changes shall be bargained prior to implementation.

(C) Determine what services it shall perform and the standard of performance for employees. Employees shall be uniformly and objectively evaluated against company and government required standards. The Parties recognize that each employee is responsible for ensuring that his/her performance conforms to established fully qualified maintenance technicians in accordance with contract and company standards

(D) Maintain order and efficiency in its operation

(E) Determine the type or types of vehicles, machinery, and equipment to be used, and by whom and when said vehicles, machinery, and equipment are to be operated.

(F) Hire, layoff, recall, assign, transfer, promote, demote, suspend, discipline, or discharge employees for just cause.

(G) Determine the method or methods by which work is carried out and done, the method of operation, the materials and equipment used in the operation, and the schedules of operation.

(H) Change the process by which work is carried out and done, the method of operation, the materials and equipment used in the operation, and schedules of operation.

(I) Establish work starting and ending times.

(J) Establish reasonable time and quality standards within each classification for each work operation.

(K) Nothing in this section shall preclude management’s responsibility from bargaining any subject which may alter the wages, hours and terms and conditions of employment of bargaining unit employees.

Section 3 - Limitations on Management Rights

The Employer reserves and retains, in full and completely, any and all management rights, prerogatives and privileges, except to the extent that such rights, prerogatives and privileges are specifically limited by some express provision of this Agreement.

Section 4 – Emergency Conditions

If, in the sole discretion of the Employer, it is determined that emergency conditions exist, including but not limited to riots, civil disorders, hurricane conditions, or similar circumstances, the provisions of this Agreement may be suspended by the Employer during the emergency conditions, provided that wage rates and monetary fringe benefits shall not be suspended.

ARTICLE 9

CHANGES IN PAST PRACTICES/TERMS/CONDITIONS OF EMPLOYMENT

Bargaining unit past practices as related to wages, hours, and terms and conditions of employment shall not be changed without bargaining unless the practices, terms, and conditions of employment have been altered or changed by this Agreement. It is further agreed that Employer personnel policies, practices, and matters affecting working conditions will not be changed or implemented without prior negotiations when they are in conflict with this Agreement. It is understood that if the Government changes requirements the parties may have to negotiate those changes.

ARTICLE 10

GRIEVANCE PROCEDURE

It is the declared objective of the parties to encourage the prompt and informal resolution of employee complaints as they arise, and to provide recourse to orderly procedures for the satisfactory adjustment of complaints.

Section 1 – Definitions

(A) A “grievance” shall mean a complaint by an employee, in the bargaining unit or the Union, that there has been a violation or misinterpretation of any of the provisions of this Agreement, Employer Policy, Regulation or Procedure.

(B) “Days” shall mean work days, excluding any days observed by the Employer as a holiday.

(C) “Required Participant” means any employee whose presence at a grievance meeting has been determined necessary by the Employer or the Union

(D) “Union Representative” means any Union-designated representative.

Section 2 - Dispute Resolution

An employee shall have the option of utilizing the unfair labor practice procedures as provided by law, or other such avenues as provided by law, or this grievance arbitration procedure.

Section 3 - Union Representation

(A) An employee who decides to use this grievance procedure shall indicate at Step I (or other initial written step as authorized by the provisions of this Article) whether or not he shall be represented by the Union. When an employee has elected Union representation, both the employee and the Union representative shall be notified of any Step I meetings. Further, any written communication concerning the grievance or its resolution shall be sent to both the employee and the Union representative, and any decision mutually agreed to by the Employer and the Union shall be binding on the employee.

(B) If the employee is not represented by the Union, any adjustment of the grievance shall be consistent with the terms of this collective bargaining Agreement. Further, the Union shall be given reasonable opportunity to be present at any meeting called for the resolution of such grievance. An employee using this procedure in the processing of a grievance will be bound by the procedure established by the parties to the Agreement.

(C) The Executive Director of the Union shall furnish to the Employer a list of Union

Representatives, and the Employer will not recognize any person as a Union Representative whose name does not appear on the list.

(D) If a grievance meeting is held during the working hours of any required participant, such time shall be considered the participants “own time.” Attendance at grievance meetings outside of regular working hours shall not be deemed time worked.

Section 4 – Procedures

(A) The Filing or pendency of any grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the Employer to take the action complained of, subject, however to the final disposition of the grievance.

(B) The resolution of the grievance at Step II or above shall establish a precedent binding on either the Union or the Employer in other cases.

(C) A grievance may be withdrawn by the grievant at any time at any step of this procedure, provided, however, that the same grievance may not be filed a second time by the same party after the grievance has been withdrawn.

(D) Grievances shall be presented and adjusted in the following manner.

(1) Informal Discussion

(a) An employee having a grievance may, within three (3) days following the occurrence of the event giving rise to the grievance or would have reasonably been expected to be aware of the event giving rise to the grievance, present the grievance orally to his immediate supervisor who has the authority to adjust the grievance, for informal discussion.

(b) If the grievance is not resolved by such informal discussion, the employee may, within seven (7) days after the date of that discussion, submit a formal written grievance at Step I of this procedure.

(2) Step I

(a) In filing a grievance at Step I, the employee shall submit to the

Program Manager or designee a written grievance setting forth specifically the complete facts and issues on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested.

(b) The Program Manager or designee shall have a meeting to discuss the grievance and shall communicate a decision in writing to the employee and to the Union Representative, if any, within seven (7) days following the date of the meeting.

(3) Step II

(a) If the grievance is not resolved at Step I, the employee may appeal the grievance in writing to the DSI Division Manager or his designee within seven (7) days after receipt of the decision at Step I.

(b) The DSI Division Manager or his designee may have a meeting with the Union Representative to discuss the grievance. The DSI Division Manager or his designee shall communicate a decision in writing to the employee and to the Union Representative within ten (10) days of the written grievance.

(4) Step III Mediation

If the grievance is not resolved at Step II, the parties will submit the grievance for mediation. The mediator, with the Agreement of the Parties, may make a recommended decision.

(5) Step IV Arbitration

(a) If the grievance is not resolved at Step III, the Union representative may present the grievance for arbitration to the Arbitration Department of the Federal Mediation and Conciliation Service (FMCS). Such submission shall be made within fifteen (15) days of receipt of the Step III decision. In the event the grievance involves an air traffic incident in which communications or navigation equipment may be at fault, the parties shall request and select an arbitrator with FAA background and experience in ATC equipment maintenance procedures from the FMCS. In the event no such arbitrator exists, both the Union and the Employer may provide a qualified subject matter expert, not employed by the Union or the Employer, to be the selected arbitrator. The arbitrator, at a minimum, should possess experience within the aviation equipment maintenance field.

(6) The time limits will be binding unless waived in writing by the parties. If any employee initiates the grievance procedure and fails to appeal any decision under that procedure to the next step of the grievance procedure, the decision made will be final and binding. If any Employer representative falls to issue a decision at any step of the grievance procedure, the grievant may proceed to the next step of the procedure within the prescribed time frame as provided.

(7) Facts or arguments not presented by the grievant to the Step II grievance officer may not be raised at arbitration in support of the grievance.

(8) Both the Employer and the Union mutually agree to proceed to instant arbitration for any alleged violation of this agreement.

ARTICLE 11

PERSONNEL FILES

Section 1 – Official File

The Employer shall maintain one (1) official personnel file for each employee at the Employer’s corporate office. Current information contained in any employee’s file will be kept on file for the duration of employment.

Section 2 – Derogatory Information

(A) No material derogatory to an employee’s conduct, service, character or personality shall be placed in the file unless the employee has had an opportunity to view the material. The employee shall acknowledge that he has read the material by affixing his signature on the actual copy to be filed, with the understanding that such signature merely signifies that he has read the material to be filed and does not necessarily indicate agreement with its content

(B) The employee shall have ten (10 days to provide a written response and his answer will be attached to the file copy. Any written response shall be attached to the file copy.

Section 3 – Review of the File

Upon appropriate request by the employee, the employee shall be permitted to examine his file in the presence of management personnel.

Section 4 - Reproduction of File Contents

Upon request by the employee, management will reproduce any material in his file.

Section 5 – Late File Additions

An incident which has not been reduced to writing within two (2) months of its occurrence or when management or the employee becomes aware of the occurrence, whichever is last, may not be later added to the file.

Section 6 – Training Records

Each employee shall have one on-the-job training record used to document employee training and certification. Management reserves the right to include any information required for the performance of the employee’s duties, to ensure the employee meets all training, standardization, and qualifications of the tasks associated with the maintenance positions assigned duties.

ARTICLE 12

DISCIPLINARY ACTION

Section 1 – General

This article covers actions involving oral or written warnings, oral or written reprimands, suspensions (with or without pay), and dismissal.

No employee will be disciplined except for just cause. Consideration will be given to an employee’s record when administering discipline. Except in cases of serious misconduct, progressive discipline may be followed.

Under normal circumstances, progressive discipline will be administered as follows:

1. Verbal reprimand/warning (written notation to be placed in personnel file)

2. Written reprimand/warning placed in personnel file

3. Suspension (with or without pay) (written notice to be placed in personnel file)

4. Dismissal (written notice to be placed in personnel file

Suspension with pay may be utilized for the purpose of any investigatory procedure or pending investigation by the Employer to determine “Just Cause.” Such investigation shall be completed no later than thirty (30) days from the date of incident. If, following an investigation, and subject to the grievance procedure, “just cause” is found warranted, the employee may be held liable to reimburse the Employer for wages paid while on suspension with pay. The Employer shall bear full responsibility for the collection of such moneys, including but not limited to the cost of litigation.

Section 2 – Employee Rights

No disciplinary action may result from a meeting between an employee and his supervisor unless the employee is advised that such meeting is for the purpose of discussing discipline or potential discipline. If such a meeting does take place, the employee has the right to request Union representation.

Section 3 – Use of Grievance Process

The grievance/arbitration procedure may be utilized for oral or written warnings or reprimands, suspensions, demotions, reduction in pay or grade and termination.

Section 4 – Copies of Correspondence

The employee and the Union shall be provided a copy of all disciplinary correspondence, unless such information is considered confidential or privileged by law. The employee may have the employer release confidential material to the Union if he signs the appropriate waiver.

ARTICLE 13

SENIORITY AND LAYOFF

Section 1 – Seniority

Seniority shall be defined in the following manner:

(A) Seniority is defined as the continuous length of service in a given facility.

(B) Company Seniority the total length of service with the Employer

(C) Seniority shall continue to accrue for all types of approved leave except for leave without pay in excess of thirty (30) days. Individuals exercising their rights under the Federal Family and Medical Leave Act will not lose seniority consistent with that law.

Employees ordered to active Military duty will not lose seniority.

Section 2- Loss of Seniority

Employees shall lose seniority for the following:

(A) Termination for ‘just cause’

(B) Retirement

(C) Resignation

(D) Layoff exceeding twelve (12) months.

Section 3 – Layoff and Recall

(A) Before any permanent employee shall be laid off, all temporary, part-time and probationary employees shall have been dismissed in that order. The layoff of permanent employees shall be in inverse order of length of service at the facility, other considerations being equal and the employees are in the same labor classification. In the event that two (2) or more employees affected have the same amount of seniority, the date of employment application with the Employer shall prevail. However, if the application date is the same, then earliest birth date shall prevail.

(B) Any laid off employees shall be recalled to their position or other such position for which they may be qualified within the Employer system in inverse order of layoff.

No new employee shall be employed during the one-year period of recall until all employees laid off have been provided an opportunity to apply for an open vacancy for which they are qualified. The employee shall be notified of recall opportunities by certified mail; such employee shall have five (5) days to respond to the Employer as to whether he is going to accept the notice of recall. The laid off employee shall have the responsibility of notifying the Employer of his current address.

(C) Employees laid off may cash in all earned vacation at their current rate of pay.

Permanently laid off employees shall have full access to the 401(K) accounts in accordance with IRS regulations.

ARTICLE 14

VACANCIES/PROMOTIONS/ASSIGNMENTS/ABOVE GRADE/TRANSFERS

(A) A regular full-time employee may request transfer to another facility of the

Employer. If a PATCO represented facility to which the employee is requesting transfer has a vacancy the employee, unless exigent conditions exist, will be granted the transfer if such employee has seniority over others requesting consideration or before a new employee is hired.

(B) An employee who is transferred shall receive the pay rate of the new position. When such transfer is a the employee’s request, the employee shall pay the cost of the move.

(C) No employee shall be permanently transferred by the Employer unless such employee is being transferred at his request or the Employer has lost the contract for the facility. If a new contractor has been awarded the contract, the Employer will facilitate the hiring of current employees by the contractor. If current employees are not hired by the new contractor, the Employer will offer the employees a transfer to another of the Employees facilities where a vacancy exists, so long as such transfer does not conflict with the rights of employees and management at the new location.

(D) Employees may be temporarily detailed to other Department of Defense Air

National Guard Company contract sites to perform similar job functions. The Employer shall be responsible for all costs associated with such temporary detail, including but not limited to travel (air, train, auto) lodging, and meals; the Employee will continue to be a member of the bargaining unit during such temporary detail.

ARTICLE 15

NO STRIKE CLAUSE

The Union, its officers, agents, representatives and employees covered by this Agreement agree that there will be, during the term of this Agreement or extensions thereof, no strike, slow-down, work stoppages, picketing and/or curtailment of nor any interference with operations as a result of any dispute of controversy, or any reason whatsoever. The employer agrees that there will be no lockouts. In the event any represented employee should violate the terms of conditions of Article 15, the Employer shall contact the Union and the Union shall instruct the employee to discontinue such action. In the event that the employee(s) fail to return to work immediately, the Employer may take whatever disciplinary action it deems necessary.

ARTICLE 16

DRESS CODE

(A) Members of the bargaining unit shall groom and attire themselves in a neat, clean and safe manner which will present a professional image of the workforce.

(B) The appropriate display and wearing of union insignias, symbols and apparel shall be permitted.

(C) The wearing of flip flops, tank tops, and halter tops are prohibited. The wearing of dress shorts that are professional and within three (3) inches from the knee is allowed. Denim shorts are prohibited. The Company reserves the right to disallow wearing shorts for various circumstances. Maintenance personnel may wear ball caps when performing maintenance functions outdoors.

ARTICLE 17

REPLACEMENT OF PERSONAL PROPERTY

The Employer will assume no responsibility for personal items brought into the facility and its environs by the employees unless such damage is due to the negligence of employer.

ARTICLE 18

OCCUPATIONAL SAFETY AND HEALTH

Each employee shall be furnished a safe place of employment as defined in the laws of the State of New York and the United States, i.e. OSHA. The Employer shall furnish employment, which shall be safe for the employees therein, furnish and use safety devices and safeguards, and adopt and use methods and processes reasonably necessary to protect the life, health, and safety of such employees.

(A) Employees shall not be required to operate equipment which are considered unsafe by the employer or do not meet regulatory code.

(B) Employees shall be afforded the opportunity to bring to management’s attention any unsafe condition or hazard. Those issues brought to management found to warrant correction shall be remedied.

ARTICLE 19

ATTENDANCE

Section 1 - Basic Workweek

(A) The basic scheduled workweek for full-time employees shall be an average of forty

(40) hours per week, averaged over two (2) pay periods. If the scope of work is altered by the Government which reduces equipment maintenance service, then the Employer will provide the Union thirty (30) days’ notice of the change of a reduction in the basic scheduled workweek.

(B) The basic schedule workweek for part-time employees, those who work on average less than thirty (32) hours per week, shall be based on mission requirements.

Section 2 – Basic Workday

(A) The basic workday shall normally be 0800-1630 Monday through Friday. Working hours shall normally be eight (8) hours exclusive of a 30 minute unpaid lunch period, which can only be taken outside of active maintenance activities that require immediate resolution. Lunch periods shall not be taken at the beginning or end of a workday in order to report late or leave early. Employees are entitled to two (2) fifteen (15) minute breaks per eight (8) hour shift. Only one (1) employee at a time will take a meal break. If employees are called back to work from their lunch break, they will be paid in accordance with the FLSA.

(B) Time sheets shall be utilized for the recording of employee work time. Employees shall review and sign their time sheets prior to its submission to payroll. Willfully filing a false timesheet will be sufficient grounds for disciplinary action up to and including termination.

(C) An employee late for duty shall not be sent home, but will be paid for only time worked unless employee is habitually late whereby appropriate disciplinary action will be taken.

Section 3 – Overtime

(A) Employees shall be compensated at a rate of one and one half (1.5) times their regular rate for all hours paid, excluding vacation payouts, in excess of eight (8) hours per day or forty (40) hours in a week (no pyramiding of OT hours). An employee who works a minimum of seven and one half (7.5) minutes during a fifteen (15) minute period shall be paid for the entire 15 minutes.

(1) Overtime work shall be allocated as equally as is possible among all fully qualified employees at the facility.

(B) The Employer will not change or alter an employee’s schedule to avoid the payout of overtime.

Section 4 – Callback Compensation

(A) The Employer shall attempt to give two (2) days of advance notice to an employee when that employee is going to have to work a shift other than his regular scheduled day of work.

(B) Employees called to work prior to their shift or called back to work shall be entitled to a minimum of 4 hours of overtime.

ARTICLE 20

HOLIDAYS

Section 1- Holidays Observed

(A) All bargaining unit employees shall receive the following paid holidays and/or other holidays as may be designated by the appropriate Government authority:

1. New Year’s Day

2. Martin Luther King Holiday

3. President’s Day

4. Good Friday

5. Memorial Day

6. Juneteenth

7. Independence Day

8. Labor Day

9. Columbus Day

10. Veterans Day

11. Thanksgiving Day

12. Christmas Day

Section 2- Eligibility for Holiday Pay

For each designated holiday, all bargaining unit employees shall receive pay in accordance with Title 29, Part 4 of the Code of Federal Regulations, Paragraph 4.176.

ARTICLE 21

LEAVE

Section 1 – Vacation Leave and Termination Pay

(A) Annual Leave shall be charged in one half (0.5) hour increments.

(B) Upon termination, resignation, or dead, all unused annual leave will be paid to the employee or to the estate.

(C) Vacation Leave shall be scheduled with the Program Manager on a yearly basis.

Only in emergency circumstances shall approved requests for leave be canceled by the Employer. In such situations where business demands necessitate a vacation cancellation, the employee will be permitted to reschedule and take the leave time within six (6) months of the originally scheduled leave time.

(D) Vacation Leave Time

(1) Employees earn vacation leave on their anniversary date as follows:

After 1 year of service 10 days

After 5 years of service 15 days

After 10 years of service 20 days

After 20 years of service 25 days

(2) Only one employee will be allowed to take vacation at a time unless an employee requires an emergency vacation.

(3) Vacation leave may be taken within the year following its accrual. At the end of each employee's service year, an employee may carry forward up to two (2) times their earnings of vacation. Upon resignation, termination, company loss of contract, or death of the employee or, if appropriate his beneficiary, shall be paid at his current rate of pay for all earned hours.

(4) Vacation leave shall be scheduled as far in advance as is possible.

(5) An employee may take up to two (2) consecutive weeks (10 working days) except when longer periods can be provided. This leave shall be granted on first come, first served basis as mission requirements dictate.

(6) The employee shall submit their requests for prime summer vacation time

(Memorial Day to Labor Day) no later than March 1 of the respective year.

The employer shall post all leave requests as soon as possible after the employees have made their requests for vacation leave. Such posting shall constitute approval of requests. The posting shall be accomplished no later than thirty (30) days following the completion of the facility poll, unless agreed to otherwise by the Union facility representative. All conflicts shall be resolved prior to the posting.

(7) In the event that a conflict of prime vacation leave requests arises among employees, seniority as defined in Article 13 shall govern.

(8) All other vacation leave requests not previously scheduled shall be approved or disapproved as facility staffing and posting requirements permits. Approval shall not be subject to conditional circumstances. If disapproved and leave for that time period or any portion of that time period later becomes available, it shall be approved on a first requested basis. A list shall be kept and posted to record the priority of requests.

Section 2 - Funeral and Bereavement Leave

An employee during the periods of stress caused by the death of an employee’s wife or husband, mother, father, grandparents, sister, brother, daughter, son, mother-in-law, father-in-law, aunt, uncle, brother-in-law, sister-in-law, grandparents of spouse, or legal guardian, shall be allowed time off with pay for all reasonable and necessary time up to and including three (3) consecutive working days. The relationships given shall include those arising from marriage or adoption.

Additional time off may be granted at the sole discretion of the site manager if the funeral is out of state but will not be paid as Bereavement Pay. The additional time off can be charged to vacation leave or leave without pay.

Section 3 – Court Leave

Leave for Jury and Witness Duty shall be granted in accordance with applicable State and Federal Law.

(A) JURY DUTY - an employee shall be allowed the necessary time off with pay, not to exceed eight (8) hours per day (prorated for part-time employees) for jury duty, upon presentation of lawful notification in accordance with State Law. Employees cannot be compensated for more than twenty-one (21) days in a calendar year.

(B) WITNESS DUTY - The Employer shall allow an employee the necessary time off with pay, not to exceed eight (8) hours per day (prorated for part-time employees) to appear as a witness, upon seeing a subpoena or directive from lawful authority, provided this shall not include any appearance in Court as a result of alleged violation of law by the employee, or involving litigation in which the employee is a principal. Where the court appearance is required as a result of alleged violation of law by the employee, or involving litigation in which the employee is a principal, vacation leave or a leave of absence without pay may be used for such purpose(s).

Section 4 – Military Leave

Military Leave shall be granted in accordance with applicable State and Federal Law.

(A) NATIONAL GUARD DUTY LEAVE - An employee who is a member of the National Guard shall be allowed National Guard Duty Leave without pay for field training for not more than seventeen (17) calendar days at any one time, upon presentation of official orders from military authority.

(B) MILITARY RESERVE DUTY LEAVE - An employee who is a member of an organized military reserve unit of the United States shall be allowed Military Reserve Duty leave without pay for field training for not more than seventeen (17) calendar days in any calendar year, upon presentation of official orders from military authority.

Section 5 – Leave Without Pay/Leave of Absence

(A) The Employer may grant an employee up to sixty (60) days of leave without pay for the purpose of higher education or technical training.

(B) The Employer shall provide Family Leave consistent with applicable law.

(C) General

(1) A leave of absence is authorized absence of an employee from assigned duty for a definite period of time without pay, because of necessity, not covered by leave on any other basis.

(2) No leave of absence, or extension thereof, shall be for a period of more than three (3) calendar months, unless the Employer shall find such longer period of leave of absence is consistent with the best interests of the Employer.

(3) An employee, while on leave of absence of more than two (2) pay periods, shall not accumulate service time for any purpose. Said leave of absence shall result in corresponding adjustment of anniversary date classification.

(D) Request

(1) A written request for leave of absence shall be given to the Employer by the employee, stating:

(a) The reason(s) for such request;

(b) The starting date of such leave,

(c) The date of return to duty.

(2) Such request shall be supplied at least ten (10) working days before the requested starting date of such leave.

(3) In considering a request for a leave of absence, the employee's service record, length of service, experience and the requirements of the Employer for the period of requested leave shall be taken into account.

(4) Any extension of a leave of absence shall be requested in writing as in

(D)(1) and (D)(2) above. The procedure for the Employer's handling of such requested extension shall be as in (D)(3) above.

(E) Return

(1) Return to work after a leave (1) of absence shall be subject the availability of work, and where more than one employee is involved, shall be in order of length of prior service, other considerations being equal; unless the regulations governing suspension, layoff or dismissal shall apply.

(2) Where the employee desires to return to duty before the final date of an approved leave of absence, the employee shall give the Employer at least five (5) working days notice and have the approval of the Employer, unless the Employer, because of extenuating circumstances, shall agree to accept a shorter period of notice, as may be found to be in the best interest of the Employer.

(3) Any employee who shall fail to return to work on or before the expiration date or a leave of absence without notifying the Employer and making arrangements satisfactory to the Employer shall be deemed to have resigned without notice and be terminated from the Employer.

Section 6 – Sick Leave

(A) Full time Employees, after completion of the probationary period, shall earn sick leave at the rate of four and two-thirds (4 2/3) hours per month. The maximum balance of earned sick leave is one-hundred sixty (160) hours.. No payout of unused sick leave hours. The company will advise employees of earned sick leave balances.

(B) Earned paid sick time may be used for the following circumstances: Medical/dental care, mental or physical illness, injury, a health condition, a public health emergency and absence due to domestic violence, sexual violence, abuse, or stalking. Employees may use earned paid sick time for themselves and/or for family members. Any use of sick leave for three (3) consecutive days or more may require a medical certificate. If the employee has no earned sick leave the absence will be charged against available earned vacation, or treated as leave without pay.

ARTICLE 22

ALCOHOL AND SUBSTANCE ABUSE POLICY

Bargaining unit employees will be subject to substance testing in accordance with company directives as specified in the Employer’s contract with the contracting authority applicable to the facility where the employee is employed.

ARTICLE 23

BENEFITS

(A) Effective April 1, 2023, Health and Welfare Benefit at the rate of $5.00 will be paid to the employees for all hours paid, and will increase as per table below, excluding overtime hours, holiday hours, and annual leave payout hours, up to 2080 hours annually. If the fringe rate as determined by DOL/Wage Determination rises above the currently paid fringe rate, the fringe rate will be adjusted to the higher amount.

4/1/23 10/1/23 10/1/24 10/1/25 $5.00 $5.00 $5.10 $5.20

(B) At the employee’s option, the Employer will invest the pre-tax Health and Welfare benefit monies into a 401(k) plan.

(C) The Employer shall provide liability coverage for all employees to the extent provided by law.

(D) The Employer will make available company sponsored health, voluntary dental and vision insurance to the employee with the option for family coverage using employee pre-tax dollars. If a Company sponsored health plan is selected, the cost of employee coverage will be deducted from the employees’ Health and Welfare Benefits pay.

ARTICLE 24

EVALUATIONS

(A) Evaluations shall be directed to identify strengths as well as weaknesses.

(B) A bargaining unit member shall not be required to evaluate another bargaining unit member, but may be required to participate in the evaluation process.

(C) Employees shall be evaluated annually, at a minimum. Management reserves the right to conduct evaluations more frequently for the purpose of following up on incidents of apparent substandard performance by employees.

(D) The employee has the…