Attachment 05 - CBA_Redacted.pdf

INTERNATIONAL ASSOCIATION OF

MACHINISTS & AEROSPACE WORKERS

LOCAL LODGE 2515

SYSTEMS APPLICATION & TECHNOLOGIES, INC.

March 1, 2019 to February 28, 2022

TABLE OF CONTENTS

ARTICLE 1 RECOGNITION

ARTICLE 2 MANAGEMENT RIGHTS

SECTION 1 RESERVED RIGHTS

ARTICLE 3 NO DISCRIMINATION

ARTICLE 4 UNION SECURITY

SECTION 1 MEMBERSHIP OR FEE

SECTION 2 NON-PAYMENT AND TERMINATION

SECTION 3 INDEMNIFICATION

ARTICLE 5 DUES CHECKOFF

SECTION 1 EMPLOYEE AUTHORIZATION

SECTION 2 DATE OF DEDUCTION

SECTION 3 LIMITATION OF LIABILITY

ARTICLE 6 CONTRACTING OUT WORK

ARTICLE 7 UNION REPRESENTATIVES

SECTION 1 UNION STEWARDS

SECTION 2 UNION VISITATION

SECTION 3 NO UNION ACTIVITY ON WORKING TIME

SECTION 4 GRIEVANCE PROCESSING ON COMPANY TIME

ARTICLE 8 NO STRIKE OR LOCKOUT

ARTICLE 9 SENIORITY

SECTION 1 SENIORITY DEFINED

SECTION 2 PROBATIONARY PERIOD

SECTION 3 SENIORITY LIST

SECTION 4 TRANSFER OUT OF BARGAINING UNIT

SECTION 5 LOSS OF SENIORITY

ARTICLE 10 BARGAINING UNIT WORK

SECTION 1 LEADS

SECTION 2 REMOTE CONTROL WORK

SECTION 3 OTHER WORK ASSIGNMENTS

SECTION 4 GOVERNMENT DIRECTION

SECTION 5 CREW ROTATION

ARTICLE 11 JOB CLASSIFICATIONS AND PROMOTIONS

SECTION 1 JOB CLASSIFICATIONS

SECTION 2 JOB BIDDING

SECTION 3 CROSS TRAINING

SECTION 4 WORK ASSIGNMENTS & FILLING TEMPORARY VACANCIES

SECTION 5 TRAINING REIMBURSEMENT

ARTICLE 12 HOURS OF WORK

SECTION 1 NO GUARANTEE OF HOURS

SECTION 2 WORKWEEK AND WORKDAY

SECTION 3 NORMAL WORKING HOURS

SECTION 4 WORK SCHEDULES

SECTION 5 LUNCH PERIODS

ARTICLE 13 OVERTIME & OVERTIME PAY

SECTION 1 OVERTIME REQUIRED

SECTION 2 OVERTIME RATE

ARTICLE 14 RECALL OUTSIDE NORMAL SHIFT

ARTICLE 15 HOLIDAYS

SECTION 1 HOLIDAYS OBSERVED

SECTION 2 HOLIDAY PAY

SECTION 3 NEW HOLIDAYS

SECTION 4 WEEKENDS

SECTION 5 REQUIRED WORK

ARTICLE 16 FUNERAL LEAVE

SECTION 1 ELIGIBILITY

SECTION 2 EXTENDED TRAVEL

SECTION 3 PAID LEAVE

SECTION 4 PROOF OF DEATH

ARTICLE 17 JURY DUTY

SECTION 1 EXCUSED TIME OFF

SECTION 2 PAID TIME OFF

SECTION 3 REPORTING BACK TO WORK

ARTICLE 18 TURNAROUND TIME

ARTICLE 19 USE OF COMPANY VEHICLES

SECTION 1 WORK LOCATIONS

SECTION 2 COMPANY VEHICLES

ARTICLE 20 PROTECTIVE EQUIPMENT & TOOLS

SECTION 1 GENERAL

SECTION 2 PERSONAL HAND TOOLS

SECTION 3 DAMAGED OR BROKEN TOOLS

ARTICLE 21 SAFETY SHOES

ARTICLE 22 PERSONAL TIME OFF

SECTION 1 PAID TIME OFF

SECTION 2 PTO ACCRUAL

SECTION 3 USE OF PTO

SECTION 4 PAYMENT ON TERMINATION

SECTION 5 ROAD BLOCKS

SECTION 5 HAZARD PAY DIFFERENTIAL

ARTICLE 23 LEAVES OF ABSENCE

SECTION 1 FMLA LEAVES OF ABSENCE

SECTION 2 NON-FMLA QUALIFYING MEDICAL LEAVES

SECTION 3 MAXIMUM LEAVE AVAILABLE

SECTION 4 USE OF AVAILABLE PTO

SECTION 5 PERSONAL LEAVES

SECTION 5 MILITARY LEAVES

ARTICLE 24 HEALTH & WELFARE PLANS

SECTION 1 PLANS PROVIDED

SECTION 2 ADMINISTRATION OF PLANS

SECTION 3 ELIGIBILITY

SECTION 4 PAYMENT OF BENEFITS

SECTION 5 PAYMENT OF COSTS COVERAGE

SECTION 6 HEALTH & WELFARE BENEFIT PAYOUT

SECTION 7 GROUP INSURANCE

ARTICLE 25 DRUG & ALCOHOL USE

SECTION 1 JOINT COOPERATION

SECTION 2 USE & POSSESSION PROHIBITED

SECTION 3 DRUG FREE WORKPLACE

SECTION 4 EMPLOYEE TESTING

SECTION 5 POSITIVE TEST

SECTION 6 REFUSAL OF DRUG/ALCOHOL TEST

SECTION 7 REHABILITATION

SECTION 8 REPORTING OF CONVICTIONS

ARTICLE 26 REDUCTION IN FORCE

SECTION 1 LAYOFF & RECALL

SECTION 2 SENIORITY DURING LAYOFF

SECTION 3 RECALL FROM LAYOFF

ARTICLE 27 DISCIPLINE & DISCHARGE

SECTION 1 PROBATIONARY EMPLOYEES

SECTION 2 AFTER PROBATIONARY PERIOD

SECTION 3 DISCIPLINARY ACTION

ARTICLE 28 GRIEVANCE & ARBITRATION PROCEDURE

SECTION 1 DEFINITION OF GRIEVANCE

SECTION 2 PROCESSING OF GRIEVANCES

SECTION 3 TIME LIMITS

SECTION 4 REQUEST FOR ARBITRATION

SECTION 5 SELECTION OF ARBITRATOR

SECTION 6 ARBITRATION HEARING

SECTION 7 SCOPE OF ARBITRATION

SECTION 8 AUTHORITY OF ARBITRATOR

SECTION 9 EXPENSE OF ARBITRATION

SECTION 10 EXCLUSIVE REMEDY

ARTICLE 29 FIELD DUTY

ARTICLE 30 SUCCESSORS AND ASSIGNS

ARTICLE 31 SAVINGS CLAUSE

SECTION 1 INVALIDATION

SECTION 2 REPLACEMENT

ARTICLE 32 SAVINGS CLAUSE

SECTION 1 BARGAINING DURING DURATION OF AGREEMENT

SECTION 2 SOLE SOURCES OF RIGHTS

ARTICLE 33 BULLETIN BOARDS

ARTICLE 34 DURATION OF AGREEMENT

APPENDIX A - WAGES

APPENDIX B – 401K PLAN

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A G R E E M E N T

AGREEMENT entered into this 1st day of March, 2019, by and between SYSTEMS

APPLICATION & TECHNOLOGIES, INC, as prime contractor, PAE APPLIED

TECHNOLOGIES LLC, as a subcontractor, and INTERNATIONAL ASSOCIATION OF

MACHINISTS AND AEROSPACE WORKERS, LOCAL LODGE 2515 ("Union").

ARTICLE 1 - RECOGNITION

The Employer recognizes the Union as the sole and exclusive collective bargaining representative in matters relating to wages, hours, and working conditions for all full-time and regular part-time maintenance and logistics employees employed by the Employer who are performing work under its Aerial Target Flight Services Contract with the United States Army at

Fort Bliss, Texas and White Sands Missile Range, New Mexico; excluding all other employees, confidential employees, guards and supervisors as defined in the Act, as certified by the National

Labor Relations Board in Case No. 28-RC-6541.

ARTICLE 2 - MANAGEMENT RIGHTS

Section 1. Reserved Rights. The Employer retains and possesses all rights and powers not expressly limited by some written provision of this Agreement, including but not limited to the exclusive right to direct the working force; the right to plan, direct, expand, reduce and control operations; to hire, transfer discipline and discharge employees for just cause; to relieve employees of duty; the right to introduce any new or improved methods, procedures, equipment or facilities;

to establish, modify and enforce rules and regulations for the operation of the business and for the orderly conduct of employees; determine or change methods of doing business; create new jobs or job classifications; discontinue, realign or consolidate existing job classifications and determine the

-2 particular jobs or occupations to be filled; terminate, merge, transfer, sell or otherwise dispose of the business in whole or in part, its assets or any part thereof; select and determine the number or type of employees required and their qualifications; establish and maintain job requirements, standards and schedules of production; establish and administer a policy requiring employee submission to alcohol and drug testing; to promote employees to positions outside the bargaining unit; to subcontract any work deemed advisable; and the right to take on work from whatever source is available.

ARTICLE 3 - NO DISCRIMINATION

There shall be no discrimination against any present or future employee because of race, creed, color, age, disability, national origin, sex, union membership or non-membership, or any other characteristic protected by law, including but not limited to, claims made pursuant to Title VII of the Civil Rights Act of 1964, as amended, the Americans With Disabilities Act, the Age

Discrimination in Employment Act, the New Mexico Human Rights Act, or any other similar laws, rules, or regulations. All such claims shall be subject to the grievance and arbitration procedures

(Article 28) as the sole and exclusive remedy for violations. Arbitrators shall apply appropriate law in rendering decisions based upon claims of discriminations.

ARTICLE 4 - UNION SECURITY

Section 1. Membership or Fee. All employees covered by this Agreement, upon completion of the probationary period, shall become either a member of the Union or an “agency fee payer.” Agency fee payers (non-members) meet their monthly obligations by the payment of an equivalent agency fee, which represents the Union’s cost of representing the employee for purposes of collective bargaining. Such employees have a legal right to file objections to funding

-3 expenditures of the Union that are “non-germane to the collective bargaining process.” Refusal to pay applicable fees shall result in termination of employment.

Section 2. Non-payment and Termination. The Company will, within ten (10) days of receiving written notice from the Union, terminate any employee who does not comply with the provisions of this Article.

Section 3. Indemnification. The Union shall indemnify and hold the Company harmless against any and all claims, demands, lawsuits, or other forms of liability that may arise out of or by reason of compliance with this Article.

ARTICLE 5 - DUES CHECKOFF

Section 1. Employee Authorization. The Employer agrees to deduct from the wages of each employee covered by this Agreement, upon receipt of a voluntary, written authorization signed by the individual employee which shall be irrevocable for a period of not more than one year or until the termination date of this Agreement, whichever occurs sooner, Union initiation fees and periodic dues uniformly required as a condition of membership in the Union in such amounts as shall be certified to the Employer in writing by the Union.

Section 2. Date of Deduction. Such deductions will be made by the Employer from the wages of employees on the first payday of each calendar month and will be transmitted to the Union with a statement listing the employees whose dues and/or initiation fees have been checked off. For a deduction to be made in any month, the Employer must have received a written authorization no later than ten (10) days before the end of the first payroll period in the month.

Section 3. Limitation of Liability. It is expressly understood that the Employer assumes no liability in connection with the deduction of Union dues and/or initiation fees and that the Union

-4 shall indemnify and hold the Company harmless against any and all claims, demands, suits or other forms of liability that arise out of the making of such deductions.

ARTICLE 6 - CONTRACTING OUT WORK

The Company agrees that during the term of the Agreement it will not subcontract out work of the kind and character performed by the Bargaining Unit employees for the sole purpose of laying off Bargaining Unit employees or eroding the Bargaining Unit. The company agrees that it will notify the appropriate Chief Steward and Business Representative in writing of any situations when the Company plans to subcontract such work.

ARTICLE 7 - UNION REPRESENTATIVES

Section 1. Union Stewards. The Employer agrees to recognize Stewards as designated by the Union, provided that no more than a reasonable number necessary to perform the duties are designated. Immediately upon the designation of such Stewards, the Union shall notify the Employer in writing of the employees’ names and the Employer shall not be required to recognize any employee as Steward other than those whose names are furnished to the Employer as provided above.

Section 2. Union Visitation. The Union’s Business Representative shall be granted access to the Employer’s work site at Fort Bliss/White Sands Missile Range (subject to any requirements imposed by the U.S. Government) at times mutually agreeable and convenient to the Employer and

Union. Requests for such access shall be made in advance to the Program Manager of the Employer or his designated representative. During any such visits, there shall be no interruption of work of any employee. The Employer may, if it desires, assign a representative to accompany such representative at all times while in the Employer’s work area. The Union’s Business Representative

-5 may talk privately with a Steward or employee provided the conversation is brief and there is no interruption of work.

Section 3. No Union Activity on Working Time. There shall be no Union activity by any employee, including Union Stewards, on Company time except as provided in Section 4 below.

The investigation of an alleged grievance shall be conducted by the Steward during his or her non-working time and the non-working time of the employee or employees involved.

Section 4. Grievance Processing on Company Time. One (1) Union Steward and the

Grievant, who shall be required to attend, shall be permitted to present a grievance on Company time

(up to a maximum of 30 minutes) at the first step of the grievance procedure only. When processing first step grievances on Company time, Stewards shall not leave their work stations without first obtaining permission from their immediate supervisor. Grievance meetings will be scheduled by the

Company to minimize loss of time and expense of transportation and may be by telephone conference call.

ARTICLE 8 - NO STRIKE OR LOCKOUT

Section 1. No Strikes. (a) There shall be no strikes, slowdowns, stoppages, overtime boycotts, picketing, or any other form of cessation of or interference with the Employer’s operations by the Union or employees during the term of this Agreement, regardless of whether such conduct is based upon claimed or real unfair labor practices committed by the Employer or because of an alleged violation of this Agreement, whether or not subject to the grievance and arbitration provisions, or because of any other labor dispute whether or not the Employer is involved.

(b) Picket Lines. The parties recognize the competitive nature of the Employer’s business and their responsibilities to ensure that there is no interference with the operations of the

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Employer during the term of this Agreement. Therefore, the Union agrees that it will not: (1) refuse to handle the goods or merchandise of any employer whose employees are on strike; (2) refuse to enter the premises of any employer whose employees are on strike or with whom any union has a dispute; or (3) permit any member of the Union to picket the Employer for any reason or refuse to encourage its members to continue working in the event such picketing occurs.

(c) Employee Violation of this Section. Any employee or employees who violate the terms of this Section shall be subject to disciplinary action up to and including discharge. The

Employer may discipline any or all employees violating the terms of this Section in varying degrees without such discipline being considered discriminatory. Any disciplinary action imposed by the

Employer for a violation of this Section shall be subject to the arbitration provisions of this

Agreement only with respect to the question of whether such employee or employees participated in a violation of this Section and not with respect to the penalty imposed.

(d) No Lockouts. There shall be no lockouts by the Employer during the term of this

Agreement. The term “lockout” shall not include the laying off of employees because of lack of work, changes in production methods or procedures or because of a strike or picketing by non-bargaining unit employees or any other reason or reasons beyond the Employer’s control.

ARTICLE 9 - SENIORITY

Section 1. Seniority Defined. One type of seniority is recognized.

A. Facility seniority, which is an employee’s length of continuous employment with the

Employer in the unit covered by this Agreement, or any predecessor contractor performing similar work at the same Federal facility, measured from his or her most recent date of hire. Facility seniority shall be used for all purposes other than entitlement to benefits.

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When two or more employees are hired on the same day their seniority shall be determined by the order of birthdays.

Section 2. Probationary Period. All new employees shall be on probation for the first three

(3) months of actual work during which time they may be disciplined or discharged without a reason being assigned and without recourse by the employee or Union to the grievance and arbitration provisions of this Agreement. Upon completion of the probationary period, new employees will be added to the seniority lists with a seniority date retroactive to their most recent date of hire.

Section 3. Seniority List. The Employer will maintain a seniority list of employees covered by this Agreement giving employee’s name, payroll number, date of hire, facility seniority, and classification, address and phone number. Copies of such lists will be updated every three (3) months and provided to the Union.

Section 4. Transfers Out of Bargaining Unit. When an employee covered by this

Agreement is promoted or transferred to a job outside the bargaining unit, the employee shall continue to accrue seniority. If the employee decides within thirty (30) days of actual work that he or she wants to return to the bargaining unit, the employee may, subject to Company approval, return to his or her former job, if available, or to another open position for which he or she is qualified.

Section 5. Loss of Seniority. The following will result in the loss of seniority and termination of employment.

a. Voluntary quit.

b. Discharge for cause.

c. Layoff without recall for more than thirty (30) days.

d. Failure to return from layoff within five (5) working days after being recal led.

e. Failure to report for work after the expiration of an approved leave of absence.

f. Absence for three (3) consecutive days without notification.

g. Absence in excess of twelve (12) weeks for any reason other than military service.

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ARTICLE 10 - BARGAINING UNIT WORK

Section 1. Leads. The parties recognize that Leads are not in the bargaining unit but perform bargaining unit work. Accordingly, nothing in this Agreement shall be construed to limit the Employer’s right to make such assignments.

Section 2. Remote Control Work. It is recognized that work as a remote-control operator and/or similar work with respect to the flying of a target is currently performed by both bargaining unit and non-bargaining unit employees. The parties agree that this practice can continue and that the Employer may, in its discretion, assign such work to either bargaining unit or non-bargaining employees.

Section 3. Other Work Assignments. Except as provided in Sections 1 and 2 above, the

Employer agrees that absent unusual conditions, non-bargaining unit employees will not be assigned bargaining unit work except in the following instances.

a. Instruction and training of employees;

b. When a qualified employee is not readily available;

c. When required for reasons of safety and/or security;

d. When required to ensure the quality of performance and/or satisfaction of the

Company’s obligations and responsibilities under its government contract;

e. When necessary to maintain currency of, or to obtain, a needed license, certification, or qualification;

f. An emergency; and

g. In the development, research, testing, and start-up of any equipment or process.

Section 4. Government Direction. The performance of bargaining unit work by non-bargaining unit employees at the direction of the Government shall not be considered a violation of this Article or this Agreement.

Section 5. Crew Rotation. Employees may be selected by the Company to support missions as deemed necessary. The Company will provide a crew list that will detail missions and personnel.

It is understood at times these missions can be up-range at sites that are remote and away from the base camp. Employees will perform job duties as assigned by the company, but in instances where there are extremely early morning missions or long travel days, or multiple missions in the same week, the Employee may request that the Company rotate crew members. Any employee requesting to be rotated out must express this to his/her supervisor at least 24 hours prior to any mission in order to be considered for rotation. In certain circumstances it is understood that the

Company may have scheduling conflicts that will not allow for a crew rotation.

ARTICLE 11 - JOB CLASSIFICATION AND PROMOTIONS

Section 1. Job Classifications. The existing job classifications are set forth in Appendix

A to this Agreement. The Employer reserves the right to create new job classifications, eliminate and/or consolidate existing ones, and the sole right to determine which jobs will be filled. When new jobs are created and/or existing job classifications are consolidated, the Employer agrees to notify the Union and discuss the new or consolidated job and the proposed wage rate before submitting the change to the Government Contracting Officer for approval. Any disagreements regarding the new or consolidated job classifications and wage rate shall be subject to the grievance procedure but in no event shall the Company be required to pay a wage rate in excess of the wage rate approved by the Government for the new or consolidated job. Nothing in this Agreement shall be construed as requiring the Employer to fill any of the job classifications listed in Appendix A.

Section 2. Job Bidding. Permanent vacancies in each job classification which the

Company decides to fill shall be posted for Company-wide bidding for five (5) consecutive days.

Employees desiring to bid on the job shall provide, in accordance with the posting, whatever information they feel qualifies them for the job including name, department, job classification, and previous experience. Full time employees will get preferential consideration over part-time. The

Employer shall determine if any of the employees bidding on the job are qualified by considering the following factors:

(a) present skill and ability to perform the work;

(b) previous experience, knowledge, and training;

(c) attendance and work record;

(d) the Company’s ability to replace employee in his/her current position; and

e) facility seniority.

In the event the employee with the most facility seniority bidding on the job is not selected, the Company agrees to meet and confer with the Union regarding the reasons for the selection.

Temporary job promotions will normally not exceed 90 days. If it’s anticipated the period will exceed 90 days the Company will notify the Union of the rationale.

Section 3. Cross-Training for Promotions. The number of available positions in each job classification is limited by the Employer’s contract with the Government. Employees are expected, however, to learn the job duties of other positions and the job classification immediately above their current job classification when training opportunities are provided. Employees who believe they are qualified to perform the duties of a higher job classification should contact their immediate supervisor. The supervisor will review the employee’s skills and abilities and determine if the employee is qualified and, if so, sign off indicating the employee’s qualifications for the particular job classification. The skills and abilities reviewed by the supervisor in making its determination will be those set forth in job descriptions provided by the company for each job classification. Employees approved by the supervisor as being qualified for a higher job classification will continue working in their present job classification at the wage rate for that job until selected for a vacancy in the higher job classification. Actual promotions will be made in accordance with Section 2, Job Bidding. Full time employees will get preferential consideration over part-time employees on cross-training for promotions.

When employees are performing lead work, when tasked by management, i.e. pad chief, radar (while deployed outside WSMR and Ft. Bliss), the wage increase for lead position will be 5% upon ratification.

Copies of Job Descriptions will be given to the Union within two weeks after close of negotiations.

Section 4. Work Assignments and Filling Temporary Vacancies. In assigning work, including filling temporary job vacancies, the Employer will assign the employee to the job it believes is most qualified based upon the following factors: (1) skill and ability to perform the work without training; (2) previous experience, knowledge, and training; (3) attendance and work record; and (4) facility seniority. Nothing in this Agreement shall require the Company to pay overtime to fill a temporary vacancy when a qualified employee is available for such work at no or less overtime pay. Similarly, nothing in this Agreement, is intended to require the Company to fill all job vacancies, whether temporary or permanent, when not required by operating conditions at the time.

Section 5. Training Reimbursement. The company will reimburse employees for any training class or course that the employee completes in accordance with company policy. Any class or course must be authorized by the Site Manager before the employee can begin and must pertain to the benefit of their job classification. Should a successor not have a policy, or the company change their current policy, this section shall be renegotiated.

ARTICLE 12 - HOURS OF WORK

Section 1. No Guarantee of Hours. This Article defines the normal hours of work for all employees and provides a basis for calculating overtime pay. It shall not be construed as a guarantee of any number of hours of work per day or per week, or of any number of days per week.

Section 2. Workweek and Workday. The workweek for time recording purposes is from

Monday 12:00 a.m. to 11:59 p.m. of the following Sunday. The Company reserves the right to change the workweek to make it consistent with Company standards. In the event of such a change, the Union will be notified prior to the change. The workday shall commence at the scheduled starting time of each employee and continue thereafter for twenty-four (24) consecutive hours.

Section 3. Normal Working Hours. The normal working hours shall be eight (8) hours per day, forty (40) hours per week. It is understood and agreed, however, that the Employer reserves the right to schedule employees for more than eight (8) hours a day and more or less than five (5) days a week when necessary to meet operational requirements or comply with access restrictions.

Section 4. Work Schedules. The work schedules for each job classification, including the number of hours to be worked, shall be determined by the Employer in its sole discretion based upon the needs of the business. Once determined, the Employer reserves the right to change the work schedule to meet the Government’s work requirements.

Section 5. Lunch Periods. Lunch periods shall be as determined by the Employer to avoid any interruption of work. However, except in emergencies, no employee shall be required to work more than five (5) consecutive hours beyond the start of their shift without being allowed to eat lunch. Lunch periods shall be unpaid. If lunches are interrupted (defined as having to leave the lunch area) the Company must either pay the employee for the actual time lost due to the interruption or provide them another lunch period. If possible, eating and drinking areas will be provided as defined by OSHA 29 CFR 1910.141(g)(2).

ARTICLE 13 - OVERTIME AND OVERTIME PAY

Section 1. Overtime Required. Employees shall work all hours scheduled or as directed by the Employer unless excused because of illness, disability or justifiable reasons.

Failure to do so will result in disciplinary action.

Section 2. Overtime Rate. Overtime pay at the rate of one and one-half (1-1/2) times an employee’s straight time hourly rate will be paid for all hours actually worked in excess of forty (40) hours in a workweek.

ARTICLE 14 - RECALL OUTSIDE NORMAL SHIFT

When an employee has completed a shift and has been relieved for the day and has actually left the Company’s premises, or when an employee is on one of his or her regular days off and is recalled to work which requires him or her to return to the facility or a work site, the employee shall be guaranteed a minimum of four (4) hours of pay at his applicable wage rate (either straight time or overtime, depending on the number of hours worked that work week).

ARTICLE 15 - HOLIDAYS

Section 1. Holidays Observed. The following days shall be observed as holidays:

HOLIDAYS OBSERVED

New Year’s Day Martin Luther King Jr. Day President's Day Memorial Day Independence Day Labor Day Floating Holiday Veteran's Day Thanksgiving Day Christmas Day Floating Holiday

1 Jan.

Third Mon in Jan.

Third Mon in Feb.

Last Mon in May 4 July First Mon in Sept.

Employee's Discretion 11 Nov.

Fourth Thurs. in Nov.

25 Dec.

Employee’s Discretion

*Floating Holiday must be requested at least one week in advance and be approved by the employee's Supervisor.

Section 2. Holiday Pay. Full time employees shall receive eight (8) hours pay at their straight time hourly rate of pay for each of the holidays listed in Section 1. Part-time employees shall receive pro-rated holiday pay based on the daily average number of hours the employee normally works during a given pay period. On-call employees are not eligible for holiday pay.

Section 3. New Holidays. In addition to the holidays listed in Section 1 above, employees will be granted any holiday that is established during the term of this Agreement by an Act of

Congress of the United States or by proclamation of the President of the United States, provided the observation of the holiday has been approved in advance by the Government Contracting Officer to whom the Company is responsible.

Section 4. Weekends. In the event a designated holiday falls on a weekend, it shall be observed in accordance with the practice observed by the Government employees at the ranges.

Section 5. Required Work. In the event the mission schedule requires work on one of the holidays listed above, the Company reserves the right to require employees to work on the holiday. An employee scheduled to work on a holiday who fails to report for work shall not receive payment for the holiday unless s/he fails to report because of sickness or similar good cause. The

Company may require proof of the reason for the absence.

ARTICLE 16 - FUNERAL LEAVE

Section 1. Eligibility. Employees who have completed their probationary period are eligible for up to three (3) consecutive days off, beginning with the date of death, in the event of a death in the employee's immediate family, which is defined as including the employee's husband, wife, domestic partner, son, daughter, father, mother, brother, sister, grandparents, grandchildren, aunt, uncle, brother-in-law, sister-in-law, mother-in-law, father-in-law, step relations (child, mother, father, brother, or sister), and any person for whom an employee is the legally appointed guardian. In addition, employees who have completed their probationary period, are eligible for two days (2) off for aunt-in-law, uncle-in-law and grandparents-in-law. Requests for such time off must be approved prior to taking the leave.

Section 2. Extended Travel. If an employee must attend services which include travel greater than 600 miles, two (2) additional days or a total of five (5) days leave shall be granted.

Section 3. Paid Leave. Employees granted funeral leave shall be reimbursed for lost-time up to a maximum of eight (8) hours per day at their straight time hourly rate of pay.

Section 4. Proof of Death. Employees shall, upon request, list the names of their immediate family with the Employer and provide satisfactory proof of death to be eligible for funeral leave.

ARTICLE 17 - JURY DUTY

Section 1. Excused Time Off. An employee called for jury duty shall be excused from work for such duty, provided a copy of the jury summons is presented to the employee’s immediate supervisor at least three (3) days (not counting Saturdays, Sundays or holidays) in advance of the time the employee is to report for jury duty.

Section 2. Paid Time Off. Employees called to jury duty shall be paid at their regular straight time rate of pay for hours they would otherwise have worked up to a maximum of five (5) days during any calendar year. Employees may retain any monies received for jury duty. If an employee is out more than five (5) days on jury duty in any calendar year, the employee may use accrued PTO.

Section 3. Reporting Back to Work. Employees released from jury duty shall report to work on any day he or she is released from jury duty and four (4) hours or more remain in the employee’s workday.

ARTICLE 18 - TURNAROUND TIME

For safety reasons, a minimum of eight (8) hours between the end of an employee’s work shift and the start of the following work shift will be given.

ARTICLE 19 - USE OF COMPANY VEHICLES

Section 1. Work Locations. Employees shall report to work at the work location assigned by the Company.

Section 2. Company Vehicles. In the Company’s discretion, and only with its approval, employees working in remote areas may be allowed to drive a Company vehicle home and drive it to an assigned work location the following day. In such instances, the vehicle may not be used for personal use or driven on any route other than from the employee’s residence to the assigned work location.

ARTICLE 20 - PERSONAL PROTECTIVE EQUIPMENT AND TOOLS

Section 1. General. Specialty personal protective equipment as specified in 5 C.F.R.

1910.132 shall be provided by the Employer.

Section 2. Personal Hand Tools. Personal hand tools necessary to perform the job shall be provided by the employee.

Section 3. Damaged or Broken Tools. Employees whose jobs require the use of personal hand tools as a condition of employment will be reimbursed $200.00 for the calendar year, for all expenses they incurred in replacing or adding to the set of hand tools required to perform their job. Prior to such reimbursement, the employee must obtain his or her supervisor’s approval for the replacement tool and then furnish the Company with receipts of such expenditures along with a statement that the purchased hand tools are required to perform their job. No tools that require calibration will be purchased under this article. If necessary, all specialty tools, as defined by QC Supervisor, shall be provided by the

Company. Due to DCMA requirements for the tool accountability the employee shall surrender any broken tool to Logistics and remove from any inventory sheets.

ARTICLE 21 - SAFETY SHOES

Each employee is required to wear safety shoes or boots with steel toes to protect their feet from injury. For new employees, the Employer will provide the first pair of safety shoes. Thereafter, and for current employees, the Employer will reimburse each employee the total amount of $90.00 once each year for replacement safety shoes, provided the employee’s supervisor approves the need for replacement shoes and receipts confirming the purchase are provided to the Employer.

ARTICLE 22 - PERSONAL TIME OFF (PTO)

Section 1. Paid Time Off. Employees covered by this Agreement who are regularly scheduled to work at least thirty (30) hours per week shall be eligible for paid personal time off each year. PTO may be used for vacation, illness, disability, appointments, emergencies, or other needs that require time off from work.

Section 2. PTO Accrual. Employees with less than five (5) years of service accrue PTO at the rate of 4.62 hours per pay period (15 days (120 hours) per year) with a maximum accrual of 30 days (240 hours). Beginning with the sixth year of service, the accrual rate will be 6.15 hours per pay period (20 days (160 hours) per year) with a maximum accrual of 40 days (320 hours). Beginning with the eleventh year, the accrual rate will be 7.69 hours per pay period (25 days (200 hours) per year) with a maximum accrual of 50 days (400 hours). PTO does not accrue when an employee is on a leave of absence. Employees become entitled to the next higher accrual rate on the first day of the pay period in which the employees anniversary date falls. No PTO hours will accrue beyond the maximums listed. However, employees who have reached the maximum PTO accrual allowed may cash out up to forty (40) hours per year if they are not allowed to take PTO because of Company constraints.

Section 3. Use of PTO. Whenever possible, PTO must be scheduled in advance for vacations, appointments, or other reasons. Use of PTO is subject to supervisory approval, staffing needs, and work schedules. PTO must be taken in increments of one (1) hour but may not be used for make-up time or tardiness. PTO is paid at the straight time hourly rate of pay and is not considered time worked for calculating overtime entitlement. Once approved by the

Lead/Operations Lead/ and PM, vacation PTO will not be cancelled without the employees’ consent, unless necessary to meet Government contract needs. In such event, the Company will reimburse the employee for non-refundable tickets and deposits upon receipt of supporting documentation.

Section 4. Payment on Termination. Upon termination, employees will be paid for all accrued but unused PTO.

Section 5. Road Blocks. When an employee’s primary work-site is shut down due to a road block, the employee shall report to an alternate work-site as directed by his or her supervisor.

In the event that an alternate work-site is not available or accessible, the employee will be provided a charge number by the company for their time.

Section 6. Hazard Pay Differential. A four (4) percent differential is applicable to employees employed in a position that represents a low degree of hazard when, handling or building up unsafe or un-shunted ordnance, or employees required to be within the blast radius of explosives and incendiary materials which involves potential injury such as laceration of hands, face, or arms of the employee engaged in operation, irritation of the skin, minor burns and the like;

minimal damage to immediate or adjacent work area or equipment being used. All operations involving unloading, storage, and hauling of ordnance, explosives, and incendiary material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the US Army’s Targets Management Office (TMO) for ordnance, explosives, and incendiary material differential pay.

Section 6.1 Explosives. Explosives are defined as blasting caps, RATO/JATO motors, impulse cartridges, flares, and any other item as defined in Section 6.

Section 6.2 Premium Pay. Premium pay will be applied via timesheet coding. The supervisor’s signature on the timesheet represents approval of the premium pay. The premium for

Explosive Risk Category I will be applied on the basis of the employee’s basic hourly rate for the hours in which he/she is exposed to the risk as defined in section 6.

Section 6.3 Explosives Risks Category 1 Premium. The explosives Risks Category 1 premium is 4%.

ARTICLE 23 - LEAVES OF ABSENCE

Section 1. FMLA Qualifying Medical Leaves of Absence. Employees eligible for leave under the Federal Family and Medical Leave Act (FMLA) shall be granted a leave of absence in accordance with the Company's FMLA policy. During such leaves, the Employer may require periodic reports from the employee and/or his or her doctor confirming the employee's inability to work. Seniority shall continue to accrue during the leave of absence.

Section 2. Non-FMLA Qualifying Medical Leaves of Absence. Employees not eligible for FMLA leave and employees who have exhausted their FMLA leave entitlement may be granted a medical leave of absence for their own medical condition upon submission of documentation from their treating doctor confirming their inability to work. Upon return from such a leave of absence, the employee will be reinstated to his or her former position, if available, or if filled, to any open position for which the employee is qualified. If no position is available, the employee will be terminated and may reapply for employment.

Section 3. Maximum Leave Available. No leave of absence, other than military, shall exceed twelve (12) weeks or the time allowed by FMLA, if longer. Employees who fail to return from a leave of absence within twelve (12) weeks or the time allowed by FMLA, if longer, shall be administratively terminated and may apply for re-employment when released to return to work.

Extensions of short duration beyond 12-weeks or the time allowed by FMLA if longer, may be granted if required by the Americans With Disabilities Act, as amended.

Section 4. Use of Available Paid Time Off. During any approved medical leave of absence, employees must exhaust all available paid time off to the extent permitted by law.

Section 5. Personal Leaves of Absence. The Employer may, in its discretion, grant employees a personal leave of absence of up to thirty (30) days for reasons and under conditions acceptable to it.

Section 6. Military Leaves of Absence. An employee who enters active service in the

Armed Forces of the United States will be given a military leave of absence in accordance with

Company policy and applicable law. Seniority shall accrue during such leave and reinstatement upon expiration of the leave will be in accordance with existing law provided the employee makes, application for re-employment within the time limits specified by law.

ARTICLE 24 - HEALTH AND WELFARE PLANS

Section 1. Plans Provided. The Employer current makes available to employees a wide range of benefit plans, including hospitalization, life insurance; accident and sickness, dental and a major medical benefits plan. Benefits available are as set forth in plan documents which are distributed to employees.

Section 2. Administration of Plans. It is expressly understood that benefit plans made available by the Employer will continue to be unilaterally administered by the Employer and that the

Employer may, in its sole discretion, change the form of; administration, change insurance carriers, if any, and make other changes to the plans, including benefits, from time to time as considered necessary by the Employer. The Employer agrees to notify the Union of any planned changes in the provisions of the plans prior to the effective date of the planned change.

Section 3. Eligibility. Employees covered by this Agreement will become eligible for participation in the benefit plans referred to in Section 1 in accordance with the eligibility provisions of each Plan and on the same basis as other employees covered by the plans.

Section 4. Payment of Benefits. Eligibility for and the payment of benefits under the foregoing plans shall be determined solely by the Employer or insurance carrier, if any. Employees on an approved leave of absence may, if desired, elect to continue such coverage during the leave of absence in accordance with the Employer's then current policy regarding leaves of absence and continuance of coverage and the payment of premiums for such coverage. No dispute, grievance, or question arising from the administration, application or interpretation of these plans is subject to the grievance and arbitration provisions of this Agreement. All such disputes shall be resolved in accordance with the dispute resolution provisions contained in each plan.

Section 5. Payment of Costs of Coverage. The monthly cost for coverage under the various benefits plans made available by the Employer shall be shared by the employee and

Employer on the same basis as other employees participating in the various plans. The cost to the

Company of this coverage will offset the health and welfare benefit cost in any applicable Wage

Determination.

Section 6. Health and Welfare Benefit Payout. Employees are entitled to $5.17 per hour in Health and Welfare for the first year. Rates for subsequent years will increase by $0.30 per hour and will be effective the first pay period after July 19 of each successive year.

Employees that elect not to participate in either Medical, Dental or Vision Plans will be compensated the difference between $4.27 and the cost of actual Health and Welfare Benefits.

Note that some H&W benefits provided by the company are not voluntary (sick leave, 401K matching contributions, Life and AD&D insurance, jury, bereavement, military differential, tuition reimbursement, and EAP) and the cost of these benefits are also eligible to be deducted from the

$4.27 per hour benefit.

Section 7. Group Insurance. Upon the effective date of this agreement, the Union will offer the National I.A.M. Benefit Trust Fund Medical Plan B. Eligibility for benefits under the aforementioned plan is determined in accordance with the respective plan rules. The Employer agrees to pay seventy (70%) percent of the plan costs. No part of this article shall be subject to the grievance procedure of this agreement. In the event the contribution rate required by the National

Benefit Trust Fund Medical Plan B for a level of coverage desired by any employee is greater than the

Employer contribution rate provided for in Section 1 of this article, the Employer agrees to deduct from the employee’s wages an amount sufficient to meet the contribution rate. Such deduction shall be made only upon written authorization signed by the employee. The Employer agrees to provide the Fund with monthly remittance reports containing such information and, on such forms, as may be required by the Fund.

Contributions based upon all payrolls paid during a month and supporting remittance report shall be delivered by the Employer to the Fund Administrator on or before the 15th day following the month for which the contributions are due. The Union agrees to provide the Employer Human Resources Department with a list of all employees who are/are not enrolled in the National I.A.M. Benefit Trust Fund Medical Plan

B upon the first open enrollment period after ratification. Any subsequent changes in the status of an employee’s enrollment in or out of the Fund must be reported to the Employer immediately.

ARTICLE 25 - DRUG AND ALCOHOL USE

Section 1. Joint Cooperation. The Employer and the Union recognize their mutual obligation to provide a safe workplace. The parties agree, therefore, to take all action necessary to eliminate the use of drugs and alcohol by employees in the workplace and the use of drugs and alcohol in a manner that affects the performance of an employee in the workplace.

Section 2. Use and Possession Prohibited. The use or possession of alcohol or controlled substances, excluding prescribed medication for which an employee has a prescription, while on

Company property or property controlled by the Company, including vehicles, or on Company time, including breaks, is strictly prohibited. Also, reporting to work under the influence of or impaired by alcohol or drugs is strictly prohibited. Disciplinary action, up to and including discharge, may result from such action.

Section 3. Drug Free Workplace. Under the Federal Acquisition Regulations, 48 C.F.R.

Part 23.500, the Company must agree to maintain a drug-free workplace by taking special actions.

In addition, the Department of Transportation, the U.S. Coast Guard under the Department of

Homeland Security, and other federal and state regulatory agencies, require drug and alcohol testing in certain circumstances. The Company maintains policies in compliance with these provisions and such policies are applicable to employees covered by this Agreement. Company policies will be administered in compliance with these regulatory requirements.

Section 4. Employee Testing. Post-accident, reasonable suspicion, random, return-to-duty, follow-up, and post-rehabilitation testing will be administered in a manner consistent with applicable laws and regulations. Testing may be by an analysis of an employee's urine, hair, blood, and/or saliva samples provided by the employee, or any other means which has been determined as scientifically reliable. The cost of the test will be paid by the Company and employees will be compensated for the time spent taking any required test at their regular rate of pay.

Section 5. Positive Test. Employees testing positive for any prohibited drug or alcohol will be terminated. A positive test is a test that shows the presence of a prohibited substances at the level(s) provided in applicable regulations.

Section 6. Refusal of Drug/Alcohol Test. Employees requested to submit to a drug/alcohol test by the Company may refuse such request but will be terminated.

Section 7. Rehabilitation Program. The Company and Union believe that employee assistance programs emphasizing education, counseling, rehabilitation and coordination with available community resources are fundamental to sustaining a drug free workplace. Accordingly, employees who have or believe they may have an alcohol or drug dependency problem are encouraged to seek counsel and assistance and to voluntarily enter an appropriate program of rehabilitation and recovery. Such request must be made prior to a "positive" test and employees who test positive will be terminated and not allowed to enter a rehabilitation program. Employees volunteering to enter a rehabilitation program will be advised of the resources available in the community. The cost of such a program will be the responsibility of the employee to the extent not covered by any applicable insurance. Employees who volunteer to enter such programs will be granted a one-time medical leave of absence in accordance with the Leave of Absence provision of this Agreement. Upon successful completion of the rehabilitation program and receipt of certification from the clinic, treating physician, or agency management personnel that the employee is adequately rehabilitated, the employee will be reinstated in accordance with the Leave of Absence provision of this Agreement.

Section 8. Reporting of Convictions. Employees must notify the Program Manager within five (5) days after a conviction under a criminal drug statute or a violation occurring in the workplace. A "conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with responsibility to determine violations of the federal or state drug statutes. In the event of such a conviction, the employee will either be discharged or required to enter an approved rehabilitation program.

ARTICLE 26 - REDUCTION IN FORCE

Section 1. Layoff and Recall. In the event the Employer determines that a reduction in force is necessary , whether in a job classification or across job classifications, employees will be selected for layoff based upon the following factors: (1) skill and ability to perform the available work at a level of efficiency acceptable to the Employer without training; (2) previous experience, knowledge and training; (3) attendance and work record; and, if the foregoing factors are relatively equal, (4) facility seniority.

Section 2. Seniority During Layoff. Seniority shall not accrue during layoff.

Section 3. Recall from Layoff. During a layoff it is the responsibility of the employee to keep the…