Attachment 12 - Collective Bargaining Agreement (CBA).pdf

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Collective Bargaining Agreement

Between

~C. Martin Contractors, IJ :• Government Resources Group, And

UNITED STEELWORKERS

UNllY ANDllllNCRH FOi WOIKal

United Steelworkers

July 1, 2014 - June 30, 2017

Table of Contents

AGREEMENT BETWEEN

WITNESS

NOW THEREFORE

ARTICLE 1 RECOGNITION

ARTICLE 2 PROBATIONARY PERIOD

ARTICLE 3 MANAGEMENT RIGHTS

ARTICLE 4 UNION SECURITY

ARTICLE 5 PAC CHECKOFF

ARTICLE 6 HOURS OF WORK

ARTICLE 7 HOLIDAYS

ARTICLE 8 SENIORITY

ARTICLE 9 REDUCTION IN FORCE AND RECALL

ARTICLE 10 TRANSFERS AND VACANCIES

ARTICLE 11 VACATION

ARTICLE 12 SICK LEAVE

ARTICLE 13 DISCIPLINE AND DISCHARGE

ARTICLE 14 LEAVES OF ABSENCE

ARTICLE 15 EMPLOYEE BENEFITS

ARTICLE 16 PENSION PLAN

ARTICLE 17 GRIEVANCE AND ARBITRATION

PROCEDURE

ARTICLE 18 UNION BULLETIN BOARD AND VISITATION

ARTICLE 19 NON-DISCRIMINATION

ARTICLE 20 MISCELLANEOUS

ARTICLE 21 NO STRIKE/NO LOCKOUT

ARTICLE 22 FULL AGREEMENT AND SAVINGS .......... n. 36

ARTICLE 23 DURATION

ARTICLE 24 SAFETY

ARTICLE 25 WAGES AND RATES OF PAY

ARTICLE 26 LEAD TECH/LEAD MAN

ATIACHMENT A

SUCCESSORS CLAUSE

Signatures

AGREEMENT BETWEEN

C. MARTIN CONTRACTORS, GOVERNMENT RESOURCES GROUP, AND

UNITED STEELWORKERS

This Agreement is made and entered into this day of July 1, 2014 by and between C. Martin Company and Government Resources Group, hereinafter referred to as the "Contractors" and the United Steelworkers AFL CIO/CLC (the "Union"), hereinafter referred to as the "Union".

WITNESS

WHEREAS, Contractors voluntarily recognized the Union to represent certain employees of the Contractors; WHEREAS, Contractors and the Union, in full compliance with the law, have now met, discussed and negotiated the terms of a collective bargaining agreement covering specific employees.

NOW THEREFORE

It is hereby agreed between the Contractors and the Union that this collective bargaining agreement covering the services of the specific employees referred to herein shall be at all times subordinated to US Government Contract No.W911 S6-08-C-0003, including all modifications thereto, between The Contractors and the Department of the Army for Base Support Services at Dugway Proving Grounds at Dugway, Utah, (the "Contract"), which govern the obligations of Contractors in their relationship with the US Department of Army (the "Contracting Authority").

a

Section 1

ARTICLE 1

RECOGNITION

The Contractors voluntarily recognizes the Union as the exclusive bargaining agent for all the employees in the following bargaining unit:

All service employees employed by the Contractors in connection with its Dugway, Utah Proving Ground government contract referred to in this Agreement, including those employees whose job title includes the word "technician" excluding Engineering technicians; "summer or seasonal hires", but excluding supervisors (managers and foreman) as defined by the National Labor Relations Act, Chief Administrator, General Manager, Technical, Professionals and confidential employees and guards as defined by the National Labor Relations Act.

Section 2

A listing for job classifications for the Contractors is found in Attachment A.

Section 3

The term "employees" as used in this Agreement shall refer to only those employees included in the unit specified above.

Section 4

The contractors believe that collective bargaining is a valuable asset in the development of positive relations at the workplace. The Collective Bargaining Agreement between the Contractors and the Union (USW) is instrumental in maintaining an effective workplace.

The contractors encourage employees to become involved in labor/management issues and the collective bargaining process. We believe that our workforce should be actively engaged in resolving workplace issues of concern within the collective bargaining process and be involved and engaged with the USW as the legal bargaining agent for all employees covered by the Agreement.

In support of this statement of mutual objective, the Union shall be provided 15 minutes time during new employee orientation to discuss proper application of the Collective Bargaining Agreement and present employees with information pertinent to the legitimate role of the Union at the workplace.

Section 1

ARTICLE 2

PROBATIONARY PERIOD

Every new or rehired employee shall be employed on a probationary basis for sixty (60) calendar days after employment or re-employment and shall be termed a "probationary employee" while on such status. A probationary employee shall have none of the seniority rights specified in this Agreement and the retention of a probationary employee shall be within the sole discretion of the Contractors.

Upon satisfactory completion of the probationary period, seniority will be computed from the date of hire (or most recent rehire date) and the employee shall have those seniority rights specified within this Agreement and shall otherwise be entitled to utilize the Grievance and Arbitration provision of this Agreement.

Section 2

An employee's probationary period may be extended by the Contractors, for an additional thirty (30) calendar days upon written notice given to the employee involved, with a copy to the Union, prior to the expiration of the probationary period.

ARTICLE 3

MANAGEMENT RIGHTS

Except as specifically limited by this Agreement, the management of the Contractors and direction of the workforce, including but not limited to the services performed, the location of the workforce, assignment of work, fair standards of employee performance, the schedules and hours of work, the methods, processes, and means of providing services, the processes, services and materials to be purchased, the right to hire, promote, and transfer employees, to establish rules of conduct, to dassify, reclassify, lay-off and relieve employees from duties, to demote, discharge or discipline for just cause, and to maintain efficiency of employees, are the sole and exclusive rights and responsibilities of the Contractors.

Section 2

The foregoing enumeration of the Contractors' rights shall not be deemed to exclude other preexisting rights or functions of management which do not conflict with the provisions of this Agreement and nothing in this article shall be deemed to limit the Contractors in its exercise of customary and recognized functions and prerogatives of management that do not conflict with the provisions of this Agreement and the grievance/arbitration procedure provided in this Agreement.

Nothing in this Article shall be deemed to limit the Contractors in the exercise of customary and recognized functions and prerogatives of management, including the right to make such agreements and enter into such agreements as it may deem necessary to the successful operation of its business, except as they may be abridged or modified by this Agreement.

ARTICLE4

UNION SECURITY

The Contractors agrees to deduct from the wages of each employee covered by the Agreement who has filed with the Contractors a signed check-off authorization, the regular initiation fee (if any) and regular monthly dues of the Union and to remit such deductions to the Union prior to the end of the next succeeding month for which the deductions are made. No deductions shall be made which are prohibited by the applicable law. All check-off authorization shall conform to applicable law, shall be supplied by the Union, a copy of which shall be supplied to the Contractors by the Union.

Section 2

The Contractors shall deduct such dues in the amount and manner as directed by letter from the USW International Secretary/Treasurer. Such dues and/or initiation fees shall be forwarded to the International Union at the designated address and shall include a completed R-115 Report.

Section 3

Upon request from the Union, the Contractors will supply the Union's steward a list, including names and addresses, of those bargaining unit employees who, during that period successfully completed their probationary period.

Section 4

The Contractors shall meet the Union Work Retention Committee to discuss and thoroughly consider any suggestions made by the Committee to maximize the work to be performed by bargaining unit personnel. It is not the Contractor's intention to outsource any work historically performed by the bargaining unit personnel.

Section 5

The Union agrees to indemnify and save the Contractors harmless from any and all loss and liability that may arise to the Contractors from its compliance with the provisions of this Article of the Agreement.

D

Section 1

ARTICLE 5

PAC CHECKOFF

During the term of this Agreement, the Contractors shall recognize voluntary written authorizations from individual employees in accordance with Utah and Federal law for the deduction of sums of money bi-weekly from wages for Union dues, assessments, initiation fees and bi-weekly (in increments of $1.00) Political Action Committee (PAC) Authorization Checkoffs. Said sums of money shall be paid separately to the Union in accordance with said authorizations. The Contractors agrees to waive reimbursement for the use of its payroll system for the PAC Checkqff in return for the Union's undertaking not to make any further requests or demands of the Contractor regarding the solicitation of the covered groups of represented employees by the Union for political action funds during the term of the parties' Agreement.

Section 2

To be valid, an assignment(s) must be made in duplicate (one copy for the Contractors and one copy for the Union), signed and dated by the employee and signed by a witness. The first authorized PAC deduction shall be made from earnings from the first full regular pay period following the date of submission of the PAC Checkoff Authorization card.

Section 3

Any written authorization form in use on Month/DayNear for the deduction of sums of money in accordance with paragraph A of this Article shall be provided by the Union. Any change in the form proposed by the Union shall be subject to review and approval by the Contractors.

Section 4

Union shall indemnify and save the Contractors harmless from any and all losses, claims, demands, suits or other forms of liability that may arise out of or by reason of complying with any of the provisions of this Article. Union representatives shall not make solicitations for participation in the PAC deductions on the Contractors' time.

ARTICLE 6

HOURS OF WORK

The normal hours of work shall consist of either:

a. Four consecutive days consisting of ten (10) hours of work each day.

The normal ten (10) hour shift will be from 6:50 a.m. through 5:40 p.m.

The normal work week will commence at 6:50 a.m. Monday and terminate at 6:50 a.m. the following Monday.

b. Seven (7) consecutive working days otherwise known as "Alternate Work Week Schedule" consisting of eleven and on half (11.5) hour shift will be from 7:00 a.m. through 7:00 p.m.

The Contractors shall have the right to schedule each employee to one of the above schedules but may change and adopt another schedule not referred to above, upon prior notice to the Union. To the extent possible and consistent with the operational requirements of the contract as determined by the Contractors, employees will be given consecutive days off.

Section 2

Meals and Rest Period.

a. Ten (10) Hour Employees

1. When the employee is scheduled to work a ten-hour, fifty minute shift, the employee will receive a fifty (50) minute unpaid meal period and two (2) ten (10) minute paid rest periods, scheduled by the Contractors, one of which will be before the meal period and one of which will after the meal period.

b. Eleven and one half (11.5) Hour Employee

1. When an employee is scheduled to work on an eleven and one half (11.5) hour shift, the employee will receive an unpaid thirty (30) minute meal period and two (2) ten (10) minute paid rest periods scheduled by the Contractors, one of which will be before the meal period and one of which will after the meal period.

2. When an employee is scheduled to work a continuous shift of eleven and one-half (11.5) or more hours without an uninterrupted meal period, the employee will be paid for the entire hours worked, including the meal period and two (2) ten minute paid rest periods.

Section 3

Nothing in this Agreement shall constitute a guarantee to any employee that he/she shall receive or be paid for a certain number of hours pay as work in any work week. Employees will be paid bi-weekly.

Section 4

Overtime, computed on the basis of one and one-half times the employee's regular straight time rate of pay shall be paid an employee for each hour such employee works in excess of forty (40) hours in any work week.

Section 5

It is understood and agreed that the Contractors have the right to require Employees to perform overtime work in order to meet mission requirements.

Employees will be given as much advance notice as possible.

a. Overtime work shall be distributed to employees as equally as practicable among qualified employees, as long as the required work can be timely accomplished in the judgment of the Contractors. Once assigned to work overtime, the employee will be obligated to work such overtime.

b. Overtime will first be offered to all full-time Employees with the least amount of overtime in the classification, location and Contractors for which the overtime is to be performed. It will then be offered to part-time Employees in the appropriate classification, location and Contractors. If there are not enough volunteers to accomplish the overtime work, Employees within the classification, location and Contractors will be required to work the overtime in reverse seniority order starting with part time Employees.

c. No overtime shall be worked without authorization of the appropriate Contractors' Supervisor.

d. There will be no pyramiding of overtime.

Section 6

Call-in Pay. Employees will be paid two (2) hours appropriate pay and/or provided with two (2) hours work when called in to work outside the employees' regular work schedule. Call out time for pay purposes will begin from departure of residence and end upon return to residence. Employee must check in and out with the on call supervisor. The Contractors agree to furnish cellular phones to employees on call, and will charge employees the cost of any calls that are non business related. It is understood that during this two-hour period employee can be assigned and /or required to perform any work the Contractors chooses once the employee completes the work of his/her regular job for which he/she was initially called to perform.

Section 7

In the agreement "not pyramiding" for a holiday is when a scheduled holiday is a mandatory scheduled day of work the compensation for the holiday is double time. No other premium pay is allowed specifically; the holiday hours are not counted towards over time. Pyramiding for a holiday does not include call ins. All call in hours count towards overtime.

Examples of days worked and not worked for employees required schedule required them to be at work

Monday Holiday

Mon Tus Wed Th rs

Fri Sat

Sun

Total

Friday Holiday

Mon Tus Wed Th rs Fri

Sat Sun

Total

Alternate Schedule 11.5 11.5 11.5 11.5

40 ST and 6

OT

51.5 ST and 6

OT

11.5

11.5

ST

Alternate Schedule 11.5 11.5 11.5 11.5

11.5

40 ST and 6 11.5

OT OT

40 ST and 17 OT

Mon Tus

Wed Th rs Fri

Sat Sun

Mon Tus Wed

Th rs Fri Sat Sun

Alternate Schedule 11.5

11.5 11.5 11.5

40 ST and 6

OT

40ST 6 OT

Alternate Schedule

11.5 11.5 11.5 11.5

11.5

34.5 ST ST

46 ST

N . d tt d orma reQuire a en ance 10 10

10 hr 40hr ST and 3 OT ST

50 ST 3 OT

N . d tt d orma reQuire a en ance

40hr ST and 13

OT

40hr ST and 13

OT

ARTICLE 7

HOLIDAYS

The following ten (10) days shall be considered holidays under this Agreement:

New Year's Day Martin Luther Kings' Birthday President's Day Memorial Day Independence Day

Section 2

Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

Employees will be paid a day's pay either ten (10) or eleven and a half (11.5) hours pay, depending on the employee's regular schedule) at the employee's regular straight time rate of pay for each of the above days as holiday pay.

Section 3

The above designated holidays will be observed according to the Post schedule.

Section 4

Holiday pay will be considered time worked for the purpose of computing weekly overtime. Pyramiding of overtime will not be allowed.

Holiday pay for the alternate work week schedule employees is covered in Article 6 Section 7.

Section 5

Holiday pay will only be paid during scheduled and approved absences. If an employee requests to extend his/or vacation the approval of their supervisor/manager is required.

Section 6

If an additional annually celebrated federal holiday is included in the wage determination for Dugway Proving Ground, and is reimbursed by the U.S. Army, it shall be celebrated under the terms of this agreement. Conversely, if a federal holiday is deleted from the above mentioned wage determination, the holiday will no longer be celebrated or paid for.

ARTICLE 8

SENIORITY

There shall be two types of seniority:

"Contractors wide seniority" shall be defined as the length of time an employee has been continuously employed by the Contractors at its Dugway, Utah Proving Ground location, and the predecessor contractor since the employee's last date of hire or rehire. "Classification seniority" shall be defined as the length of time an employee has been continuously assigned to his/her job classification while continuously employed by the Employer Contractors.

Section 2

For the purpose of this Agreement, seniority (Contractor-wide and classification) will be lost and terminated when any of the following occur:

a. The employee voluntarily quits;

b. The employee is discharged for just cause;

c. The employee is laid off for a period of one (1) year;

d. The employee is recalled from lay-off and fails to report to work within five (5) working days of his/her scheduled return to work providing the recalled employee has received written notification by registered or certified mail of recall at his/her last known address five (5) working days prior to the date he/she was scheduled to report for work;

e. The employee fails to return from leave of absence upon the termination of the date of such leave;

f. The employee is absent from work for three (3) consecutive working days without prior notice to the Contractors or without providing the Contractors during the three (3) day period with an acceptable reason why he/she cannot report for work.

g. The employee is banned or prohibited entrance to Post facilities and/or property by the action of the Post Commandant or the Provost Marshall.

ARTICLE 9

REDUCTION IN FORCE AND RECALL

Section 1

If a reduction in the number of employees should become necessary, such reductions shall be made on the basis of the least amount of seniority within the job classification, and the employees' qualifications.

Section 2

Recall. In case of recall from lay-off the employee with the most seniority, within the job classification, who was laid off or reduced, who has the qualifications to do the work at once shall be recalled first.

Section 3

If the lay-off is to continue for more than thirty (30) days, any non-probationary employee selected for such a lay-off may replace an employee with less Contractors -wide seniority in another equal or lower paid classification provided the displacing employee is qualified at the time he/she is selected for lay-off, to fully perform all of the work performed by the employee he/she elects to replace.

When there are two or more employees in an equal or lower paid classification that may be subject to displacement, the employee with the least amount of seniority shall be replaced first. The displacing employee shall be paid at the rate of the job classification he moves into.

ARTICLE 10

TRANSFERS AND VACANCIES

The Contractors may temporarily transfer an employee for its convenience to any open job or to any task for a period of up to thirty (30) days. The employee shall receive the rate of the job to which he/she is transferred or the rate he/she received in his/her former job whichever is higher.

Section 2

Job posting will be utilized for all represented jobs when the Contractors determines that there is a job vacancy ("open job") which is to be filled for an established position on a continuing regular basis. Job posting will not be utilized for an open job that is determined to be a temporary fill in due to paid or unpaid leaves of absences or summer/seasonal hires. It shall be posted on the bulletin board for a period of fourteen ( 14) days during which time any non-probationary bargaining unit employee may apply for such open job. The interested employee must complete a written application and submit it to the Program Manager or his designee by the close of business on the last posting day. The employee's written application shall indicate the reasons why the employee feels he/she should be selected. In determining qualified individuals, Contractors shall consider: (1) appropriate seniority; (2) work experience and records; (3) training;

(4) physical fitness; and (5) skill and ability necessary to perform the duties of the job. When the Contractors determines two or more employee who bid for a job are equally qualified, then seniority shall be the determining factor. It is the Contractors intention to promote from within the workforce whenever possible;

however, when there are no qualified individuals, the Contractors can fill vacancies from outside the workforce.

It is understood that any employee selected from assignment to an open job will be qualified to perform the job at the time of acceptance of the bid and the Contractors shall have no obligation to train the employee. However, during the first fifteen (15) working days of assignment to the new job: (1) the employee may elect to be reassigned to his/her former job if such job is still open, or (2) the Contractors may reassign the employee to his/her former job if the employee is not becoming proficient in the duties of the job in a sufficiently prompt manner, in which case the employee will be reassigned to his/her former job, if such job is still open.

The parties recognize the Contractors' right to assign an employee to a "Lead" status based upon qualifications and without regard to seniority. Accordingly, "Lead" status for a position is not subject to the posting provisions indicated above.

ARTICLE 11

VACATION

Earned vacation will be based upon the number of full years of service the Employee has as of his/her anniversary date each year. The following schedule is applicable to full-time employees:

Years of Service Earned Vacation Maximum Carrvover 1-4 80 Hours 80 Hours 5-10 120 Hours 100 Hours

11 or more 160 Hours 100 Hours

Earned vacation for part-time employees is proportionately reduced from the above schedule based on their regularly scheduled workweek divided by forty

(40) hours.

a. Employees may "cash ouf' up to forty (40) hours of vacation once per year. Employees may not cash out more than once in a 12 month period.

Employees must have and leave at least forty (40) hours of vacation on the books in order to cash out. For example, Employee X has 65 hours of vacation and would like to sell vacation. Employee X may sell 25 hours of vacation.

Section 2

The following accrual rates are applicable to full-time employees when not on a Leave Without Pay status:

Years of Service Accrual Hours Total Accrual Maximum Balance Bi-weeklv Hours oer Year 0-4 3.08 80 Hours 80 Hours 5-10 4.62 120 Hours 100 Hours

11 or more 6.16 160 Hours 100 Hours

Section 3

The vacation accrual rate for part-time (not including seasonal, or temporary) employees is based on their actual work hours during the bi-weekly pay period as follows:

Accrual Hours Total Accrual Years of Service Per Hour Maximum Balance

Hours ~er Year Worked 0-4 .039 80 Hours 80 Hours 5-10 .058 120 Hours 100 Hours

11 or more .077 160 Hours 100 Hours

Section 4

The scheduling of vacation time off shall be made by the employees, but will be taken only after the agreement of the employee's supervisor is obtained.

It is understood that vacation time off will be scheduled so as not to interfere with the efficiency of the operation. Thus, generally only one employee in each job classification shall be allowed to take vacation at one time. If two or more employees request vacation during the same weeks, then employee with the greatest seniority only will be granted the vacation at the time he/she requests.

Section 5

Vacation pay shall be based on the straight time hourly rate of the employee.

Vacation shall be used in increments of one-half (1/2) hour.

Section 6

Summer, seasonal and other temporary employees are not eligible for vacation accruals.

Section 7

At any time an Employees accrued vacation balance reached the above maximum, accrual will stop until the Employee's balance falls below the maximum.

Section 8

An Employee terminated for any reason shall receive pay for any unused earned vacation.

Section 9

Vacation time shall be considered as time worked for the purpose of computing overtime.

Section 10

Employees may donate, in one hour increments, accrued vacation leave to another employee in cases where the employee receiving such donation has exhausted his vacation leave and sick leave and has a compelling need for the donated leave. Such leave will be paid out at the donating employee's straight hourly rate.

ARTICLE 12

SICK LEAVE

On July 1 of each contract year 60 hours of sick leave will be full time employees.

For all employees, having met their probationary period starting after 1 July their sick leave will be prorated at 2.31 hours per pay period until the following 1 July.

Part time employees will accrue sick leave at a proportionately reduced rate based on their regularly scheduled workweek divided by forty (40) hours.

Employees may not carry over sick leave.

"Seasonal" and "temporary" employees are not eligible for sick leave.

Section 2

It is understood that sick leave, except in emergency situations, shall be scheduled consistent with the operational needs of the Contractors. It is expected that reasonable notice will be given to the Employer prior to utilization of sick leave.

Section 3

A doctor's certificate or other reasonable proof of illness or non-job-incurred disability, satisfactory to the Contractor, may be required if there is reasonable suspicion of abuse or if the employee has been absent for three consecutive days.

Section 4

Sick leave will be paid at the straight-time hourly wage rate and may be used in increments of one-half (1/2) of an hour.

Section 5

Sick leave shall not be considered as time worked for the purpose of computing overtime.

Section 6

Unused sick leave shall not be payable upon an employee's termination.

B

Section 1

ARTICLE 13

DISCIPLINE AND DISCHARGE

a. The Contractors may discipline, suspend, and/or discharge an employee for just cause.

b. If any employee is barred from access to the Base by the Commander for any reason, such action shall constitute "just cause" for purposes of this Agreement and shall not be subject to the grievance process.

Section 2

Where an employee is suspended or discharged by the Contractors, notification of the action of the Contractors and the reason therefore shall be provided to the employee in writing, and a copy thereof shall be provided to the Union by close of business on the next regularly scheduled work day of the Contractors. In the event the Union requests a hearing with the Contractors to discuss the disciplinary action taken, such will be granted by the Contractors as soon as practicable.

Section 3

Any disciplinary action including discharge which the Union or the employee decides to contest (except that resulting from action of the Base Commander as referred to in Section 1 of this Article) shall be subject to the Grievance and Arbitration hereof and the processing of such a grievance shall commence at Step 1 of the Grievance Procedure, except that in cases involving discharge, the grievance shall commence at Step 2, providing such grievance is filed within ten

(10) working days of the date of the disciplinary action taken by the Contractors.

Section 4

Means for Immediate Termination It is understood that if any of the following incidents occur, an employee determined to be in violation, by the Contractors will be subject to immediate termination unless a full review of the circumstances supports an alternative form of action. The decision on the form of action to be taken is at the sole discretion of the Program Manager.

a. Alcohol and Illegal Substances.

Any employee found to be in violation of the Drug Free Workplace policy will be subject to disciplinary action up to and including termination.

b. Written or, Verbal Physical Threats, or Physical Violence.

Any employee that makes a written and/or verbal physical threat to another employee will be subject to disciplinary action up to and including termination.

c. Theft

Any employee seen, convicted of, or in possession of any stolen Contractors' or U.S. Army property will be subject to disciplinary action up to and including termination.

0 ARTICLE 14

LEAVES OF ABSENCE

Full time, non-probationary employees with on (1) year of seniority may be granted a leave of absence when the conditions specified below are met.

Section 1

Paid leaves of Absence. In the following instances, the pay for each day's absence will be based upon the regular straight time rate of the employee during the week the leave commences:

a. Bereavement Leave. If an employee experiences a death in his/her family, the employee should notify his/her supervisor immediately.

The Contractors will allow three days of paid absence for bereavement death of an immediate family member. Immediate family members are defined as father, mother, spouse, child, brother, or sister.

The Contractors will allow one day of paid absence for bereavement leave for the death of an extended family member. Extended family members are defined as grandparents, grandchildren, stepparent, stepchildren, spouse's parent, spouse's children or stepparent or other relatives in situations where employees can verify that such relatives were either custodial guardians or legal dependents.

Employee will be required to provide proof of the death.

b. Jury Duty and Witness Leave. If an employee is called for jury duty, the Contractors will pay the employee his/her regular salary less any compensation received for jury duty. If the employee's job requirements are such that an absence to serve on jury duty would be detrimental to the current work effort, the Contractors will make every effort to obtain a release or postponement for the employee. Any called employee must notifying the Contractors' office as well as his/her supervisor immediately upon receiving notice of call for jury duty service whether the employee is requesting postponement or not. Employees are expected to report to work on any day when their release from jury duty obligation would permit them to work at least four (4) hours.

Employee absence to testify as a witness in judicial proceedings when subpoenaed by the Contractors will be granted with full pay, less any reimbursed expenses, if the employee presents the supporting documents and obtains his/her supervisor's approval prior to the required appearance. Employees are expected to report to work on any day when their obligation would permit them to work at least four (4) hours.

c. Military Leave. The Contractors shall, of course, adhere to all governmental laws and regulations relating to military leaves for reservists as well as those who serve in the Armed Forces. Employees required to participate in reserve duty will be granted a leave of absence not to exceed fifteen (15) calendar days per year.

Employees will be required to give at least two (2) weeks notice prior to reporting for duty. Upon return from reserve duty, the employee will provide his/her supervisor with an authorized statement indicating the amount of reserve duty pay received from the government. Upon receipt, the Contractors will pay the employee his/her regular straight time salary, less the compensation received for military duty.

Section 2

Family Medical Leave Act. According to the provisions of the Family Medical Leave Act of 1993, employees unable to work due to an injury or illness, or who request leave to care for a family member or newborn child, will have their Contractors-paid health care coverage, if any, continued for up to 12 weeks. In addition, the Contractors will continue to pay basic life insurance premiums, if any, during this period. Employee will continue to be responsible for any payroll deduction amounts necessary to continue their heath care and supplemental benefit programs. All other provisions of the Family Medical leave Act will be complied with by the Contractors.

Section 3

An employee is required to use all of his or her accrued vacation or sick leave prior to utilization of an LWOP option. Employees in a workers compensation status may utilize LWOP prior to exhausting paid leave. This section does not apply when dealing with Article 21 Section 7.

Section 4

If a leave is granted, the employee will, upon return, be returned to his/her former job providing such job is in existence and if not, in the most comparable open job in the same or a lower pay grade providing the employee notifies the Contractors of his/her date of return at least seven (7) calendar days before the leave expires that he/she will report for work on such day.

Section 5

In cases of leave for industrial illnesses or injuries, Contractors' may grant additional leave. Worker's compensation leave is not subject to the leave limits in this section.

Section 6

Summer, seasonal and other temporary employees are not eligible for paid leave of absence.

D

Section 1

ARTICLE 15

EMPLOYEE BENEFITS

Seasonal and other temporary employees are not eligible for health and welfare benefits.

Section 2

HEALTH INSURANCE

During the first year of the CBA the Contractors will offer the following health insurance options:

Medical HDHP (alt.)Plan

Coverage Partici12ant Cost Per Pa~ Period (15%}

Employee Only $15.44

Employee + Spouse $35.32

Employee+ Child (children) $30.68

Employee + Family $45.24

Medical Low Plan

Coverage Partici12ant Cost Per Pa~ Period (15%}

Employee Only $18.87

Employee + Spouse $42.10

Employee+ Child (children) $38.56

Employee + Family $53.68

Medical High Plan

Coverage Partici12ant Cost Per Pa~ Period (15%}

Employee Only $23.66

Employee + Spouse $53.44

Employee+ Child (children) $47.62

Employee + Family $69.16

The Contractors reserve the right to modify and/or terminate any of the above referenced benefit plans. However, should such action be anticipated, the Contractors will notify the Union and meet with the Union as soon as possible after such notification to negotiate the impact on the bargaining unit employees.

The contractors' management will actively involve the USW Staff Representative and any of his or her designees in the process of any health insurance plan modifications.

Other Group Insurance Benefits:

The Contractor will continue to provide the insurance benefits listed below.

Current benefits, insurance carriers and employee costs will remain unchanged for the remaining period of this agreement. The Contractors will not change benefit levels. If the cost of any insurance increases or decreases ten 10%, the parties will meet to discuss plan changes to reduce costs._Agreement, beginning with the plan year that commences on July 1, 2011

T~Qe of Insurance Com12an~ Subsid~

Dental 85%

Vision 85%

Life 100%

Short Term Disability (STD) 100%

Long Term Disability (LTD) 100%

Health Insurance Waiver An annual health insurance waiver allowance will be paid to each employee electing not to participate in the Contractors Health Insurance Plan. Upon ratification this allowance will be paid in biweekly payroll installments of $57.70, for an annual contribution of $1,500.02. Employees terminated will not be eligible for a lump sum installment at termination. If employees elect not to have coverage and in any subsequent year open enrollment wish to elect coverage, proof of insurability will be required in accordance with the plan document.

B

Dental Insurance During the first year of the CBA the Contractors will offer the following dental . .

insurance options:

Dental Premiums

Coverage ParticiQant Cost Per Pa~ Periods (15%)

Employee Only $4.57

Employee + Spouse $9.30

Employee+ Child (children) $9.68

Employee + Family $14.92

Vision Insurance During the first year of the CBA the Contractors will offer the following vision . ti insurance op· ons:

Vision Premiums

Coverage ParticiQant Cost Per Pa~ Periods (15%)

Employee Only $0.53

Employee + Spouse $0.84

Employee+ Child (children) $0.86

Employee + Family $1.37

Other Insurance For the duration of the CBA, the Contractors will offer employees, at no cost to the employee, short-term disability, insurance, long-term disability insurance, life insurance, and accidental death & dismemberment insurance. Summary Plan Descriptions for all of these plans are on file with the Contractors Human Resources office and have been provided to the Union.

401(k) Plan The Contractors will sponsor a 401 (k) Retirement Savings Plan or equivalent plan. All bargaining unit employees of the Contractors will be allowed to participate in this plan, subject to eligibility requirements of the plan. There will be no company match on wages deferred into the plan.

ARTICLE 16

PENSION PLAN

The Contractors shall contribute the following to the Steelworkers Pension Trust::

a. Effective July 1, 2014 the Employer will contribute $1.50 per hour worked up to 40 hours per week.

b. Effective July 1, 2015 the Employer will contribute $1.75 per hour worked up to 40 hours per week.

c. Effective July 1, 2016 the Employer will contribute 2.00 per hour worked up to 40 hours per week.

Seasonal and part time employees are not eligible for pension plan.

ARTICLE 17

GRIEVANCE AND ARBITRATION PROCEDURE

Section 1

Any complaint or claim that either the Union or a group of employees or the Contractors has violated a provision of this agreement shall be deemed a "grievance" and shall be verbally discussed between the employee and his supervisor and if such is not resolved it shall then be processed as follows:

a. Step1. Within ten (10) working days of the incident giving arise to the grievance, the grievance shall be reduced to writing and presented as follows:

1. If the grievance is filed by an employee, he shall present it and discuss it with his supervisor with or without a grievance committee member present, at employee's option, within such ten (10) working day period.

2. If the grievance is filed by the Contractors, the Contractors shall present written grievance and discuss it with the Union President within such ten (10) working day period.

3. The party to whom the grievance is presented must answer it, in writing, within five (5) working days following the discussion referred to above and present a written answer to the party filing the grievance within such five (5) working day period.

b. Step 2. If the grievance is not settled in Step 1 or if the party obligated to answer the grievance fails to do so within the five (5) working day period, then the grievance will automatically be processed to this Step 2 within two (2) working days following the conclusion of Step 1 and thereafter will be processed as follows:

A discussion between the parties presenting the grievance and the Contractors or his representative (or the designated Union Representative if the Contractors filed the grievance) will occur within ten (10) calendar days after the grievance answer has been received in Step 1. In such discussion an effort will be made to settle the grievance by adjustment or withdrawal. If such occurs, the method of adjustment will be recorded on the grievance. If the grievance is filed by an employee, he/she may be accompanied by Designated Union Representative and, at the employee's option, by a grievance committee member, when discussing his/her grievance at this step.

c. Step 3. If the grievance is not settled in Step 2, then within fifteen(15) calendar days of the final written decision in Step 2, a meeting or a telephone conference between the Corporate Manager of Employee/Labor Relations of the Employer Contractors and the representative of the International Union, and others mutually agreed to by them, shall be held on an appointed date in an effort to resolve the grievance. The above time limits may be extended by mutual agreement of both parties.

d. Step 4. If no agreement is reached in Step 3, the grieving party (Union or Employer Contractors) may, within fifteen (15) calendar days after the decision in Step 3, refer the grievance to mediation. A request shall be made to the FMCS, Washington, D.C., for mediator. Any cost resulting from the services of the Mediator and the facilities where the mediation is held shall be borne equally by both parties. The Mediator shall not have the authority to add to, subtract from, modify or alter any of the terms of the Agreement.

e. Step 5. If no agreement is reached in Step 4, the grieving party (Union or Employer Contractors) may, within fifteen (15) calendar days after the decision in Step 4, appeal the grievance to arbitration. In case of failure to agree upon an arbitrator within fifteen (15) days, a request shall be made to the FMCS, Washington, D.C., for a panel of five (5) arbitrators. The parties shall thereupon alternate striking a name from the panel until only one (1) remains. The person whose name remains shall serve as the Arbitrator. Any cost resulting from the services of the Arbitrator and the facilities where the arbitration is held shall be borne equally by both parties. The Arbitrator shall not have the authority to add to, subtract from, modify or alter any of the terms of the Agreement. The decision of the Arbitrator shall be final and binding on both parties providing the arbitrator does not exceed the powers given him hereunder.

ARTICLE 18

UNION BULLETIN BOARD AND VISITATION

Section 1

The Contractors will provide a glass enclosed, locking bulletin board for the purpose of the posting Union notices. All notices to be posted must bear the approval for posting of the appropriate Local Union Representative. Union appointments, Union elections, Union social affairs, and Union notices may also be posted. The Union may post other notices concerning Union affairs, excluding political notices or solicitations, but shall not be allowed to post any item that is detrimental or derogatory to the Contractors. All notices shall be subject to the approval of the Contractors or his designee prior to posting.

Section 2

The USW Staff Representative, upon prior reasonable notice, shall be allowed to visit the working sites of the Contractors at any time during working hours, and may be accompanied by a representative of the Contractors. It is understood in applying this provision that no interruption of any operation will be permitted.

ARTICLE 19

NON-DISCRIMINATION

All references to "employee", "employees", "man", or "men", "he", "him", or "his", in this Agreement refer to both male and female employees. The terms are used for the sole purpose of brevity and clarity of language construction only, and do not imply or refer to sex or gender in any way whatsoever.

There shall be no discrimination by the Contractors or the Union against any employee because of his/her race, religious beliefs, color, ancestry, sex, age, national origin, disability, citizenship status, status as a disabled veteran or other veteran status or because of Union activity or membership or non-membership or any status protected by applicable federal, state or local laws or regulations.

Further, it is agreed that the provisions of this Agreement will apply equally to all employees regardless of their protected class.

Each employee shall adhere to the provisions and intent of this Article, in his dealings with fellow employees, suppliers and customers of the Contractors.

ARTICLE 20

MISCELLANEOUS

All employees shall be required to keep the Contractor's Administrative Services Office advised of the the employee's current home address and telephone number. The Contractors shall only be required to use the address in the Administrative Services /Office to give notification to any employee covered hereby.

Section 2

Employees will be required to undergo a physical examination when requested to do so by the Contractors consistent with the provision of the Americans with Disabilities Act. The cost of such examination shall be borne by the Contractors.

Section 3

The Contractors shall not be obligated, within the guidelines of applicable law, to rehire or continue to employ any employee or former employee certified by a physicians to do "light" or "Limited" work, or to perform only specific work for the period of such disability consistent with the provisions of the Americans with Disabilities Act. If the employee is able to perform his duties within the physician's suggested requirements, special consideration may be given to the employee.

Further, the Contractors operate in accordance with the Family and Medical Leave Act (FMLA) and will provide leave of absence benefits to those employees eligible for leave as defined under the Act.

Section 4

Employees covered hereby shall be required to perform all work they previously performed as part of their job, prior to the date of this Agreement and the employee will perform overtime work when such is provided and /or assigned.

Section 5

Refusal by an employee to perform work constitutes insubordination and thus the employee is subject to discharge. It is agreed between the Contractors and the Union that the principle of "work now and grieve later'' shall be followed by the Union and employees at all time; unless the employee has evidence that if he/she were to fulfill the Contractors order or job it would be a threat to his/her safety or health. If such is the employee's position, he/she shall immediately specify in writing the evidence he/she claims to confirm the existence of such threat and the employee will be relieved from duty without pay while an investigation is made by the Contractors. If the investigation by the Contractors reveals that the employee evidence was accurate, the employee will be returned to work forthwith and will be awarded back pay. If the investigation reveals that the evidence was inaccurate then the employee will be subject to discipline up to and including discharge for insubordination. In the administration of this Article, a basic principle shall be that discipline should be corrective in nature.

Section 6

Among the safety rules the employee is required to follow, employees are required to follow all procedures including but not limited to:

a. The filing of accident reports, with the Contractors immediately upon any involvement in an accident; and

b. The filing of a written report at the end of the day concerning any safety problems on the vehicle and/or equipment the employee was operating during the day,

c. Any and all procedures required by the U.S. Army in connection with the Dugway Utah Proving Ground government contract. Failure to comply will lead to appropriate disciplinary action

Section 7

Union officers or delegates will be granted unpaid leave for the purpose of attending Union conventions or other meetings of interest to the Union, provided such request is made to the Contractors with the appropriate notice and that his/her absence will not adversely disrupt the operation facilities at Dugway Proving Ground. The Contractors may relieve up to three (3) employees for negotiating a renewal agreement, providing their absence does not disrupt the normal work schedule.

Section 8

Davis Bacon Work. The Contractors shall provide quarterly when requested by the local union with a list of all employees and hours paid in accordance with the Davis-Bacon Act. Davis-Bacon benefits will be the difference between the Davis Bacon rate and the Service Contract rate, in order to not duplicate benefit payments.

The wages paid for Davis-Bacon work to all Union-represented employees of the Contractors shall not be less than the prevailing wages identified in all local, applicable, current Davis-Bacon wage determinations that the U.S. Army has formally incorporated into the Contractors' contract.

The Contractors will make every reasonable attempt to equitably distribute Davis Bacon work amongst the employees that management, in its sole discretion, determines are capable of performing the work.

Section 9

Army Community Services Program. The Contractors will evaluate and engage the Army Community Services Program for the purpose of providing employee assistance and counseling/referral in emergency situations.

Section 10

Contractors Cost Allocations. The Contractors agrees, upon presentation of an invoice, to:

a. To pay up to one-half of any cost of printing of the Union Contract up to a maximum of $300.00.

Section 11

Contractors Payroll Deductions. The Contractors agrees to make payroll deductions upon the written request and authorizing action of the employee as follows:

a. Group Medical Insurance

b. Group Life Insurance and AD&D

c. Employees who elect to participate in the Contractor's 401 (k) must designate the amount of the deduction.

d. Tri-Care Supplemental Insurance

Section 12

The Contractors may establish a joint Labor-Management Training Committee to analyze and make recommendations to the Program Manager on training programs as necessary to assure that employees are properly trained safely and effectively to operate new equipment and/or perform necessary work or existing or new systems.

Section 13

Any employee who accepts and completes compensation training in the amount of $1000.00 or more per class will be expected to remain an employee for a period of 12 months immediately following the successful completion of their training. Compensating training is to include the cost of travel and lodging expenses. Training charges will not accumulate; lost work time will not be considered in any calculation of training expenses.