Attachment 13 - CBA SOLM.pdf

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

AND

INTERNATIONAL ASSOCIATION OF MACHINISTS and

AEROSPACE WORKERS, AFL-CIO,

DISTRICT LODGE 4, LOCAL LODGE 4

AT

Patuxent River Naval Air Station

Solomon’s Annex, Solomon’s Island, Maryland

EFFECTIVE

December 1, 2022 through November 30, 2025 ii

TABLE OF CONTENT

ARTICLE PAGE

PREAMBLE

ARTICLE I - GENERAL CONDITIONS OF CONTRACT

ARTICLE II – MANAGEMENT RIGHTS

ARTICLE III - UNION - COMPANY RELATIONS

ARTICLE IV - GRIEVANCE PROCEDURE AND ARBITRATION

ARTICLE V - SENIORITY

ARTICLE VI - EMPLOYMENT CONDITIONS

ARTICLE VII - EMPLOYEE PRIVILEGES

ARTICLE VIII - PAY PROVISIONS

ARTICLE IX - JOB DESCRIPTIONS

ARTICLE X - DURATION

Appendix A

Appendix B

PREAMBLE

This Agreement, entered into by and between AMENTUM SERVICES, INC. (hereinafter called "the Company), and the INTERNATIONAL ASSOCIATION OF MACHINIST and AEROSPACE WORKERS AFL-CIO, DISTRICT LODGE 4, LOCAL LODGE 4 (hereinafter called "The Union"), evidences the desire of the parties here to promote and maintain harmonious relations between the Company and its employees, as they are defined in Article 1, Section 2, of this Agreement, and the Union as their Representatives.

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

It is agreed that the parties desire to enter into this Agreement to establish wages, hours, and working conditions and to provide for the peaceful settlement of disputes and grievances that may arise affecting the employees covered hereby. The parties recognize the skills and the abilities of the bargaining unit are unique and distinct in the interest of National Security and are highly skilled and dedicated professionals.

NOW, THEREFORE, the parties agree as follows:

ARTICLE I - GENERAL CONDITIONS OF CONTRACT

Section 1- General Provisions

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

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

(C) This Agreement can be changed or modified by mutual agreement only by a document in writing signed on behalf of both parties hereto by their duly authorized representatives,

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

(E) It shall be the duty of the Company and its representatives and the Union and its representatives to comply with and abide by all of the provisions of this Agreement.

Section 2 - Recognition and Exclusive Representation

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

The Company recognizes the Union as the sole exclusive representative and bargaining agent with respect to rates of pay, wages, hours, and other conditions of employment for the bargaining unit comprised of all full-time and regular part-time employees as defined in 5-RC-245777 and Appendix A of this Agreement employed by Amentum Services Inc., located at Patuxent River Naval Air Station, Solomon’s Annex, Solomon’s Island, Maryland. The word "employee" and "employees", as used in this Agreement, means all employees of the Company employed at the aforementioned sites in job classifications listed in Appendix A of this Agreement and those provided for in Article IX of this Agreement.

(B) Excluded are all group supervisors, site manager, production supervisors, shop supervisors, quality control supervisors, office clerical employees, managerial employees, guards, and supervisors as defined by the Act.

(C) Non -Bargaining Unit Personnel

It is understood and agreed that there are times when non-bargaining unit employees may be required to perform work customarily performed by bargaining unit employees and may be required work with tools only to meet requirements under the conditions listed below. Therefore, the Company shall have the right to utilize non-bargaining unit employees only under the following conditions:

(1) For instruction and training purposes.

(2) In emergencies as defined by the Company at its sole discretion provided such actions do not result in a layoff or reduction in force.

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

(4) When an employee fails to report to work and other qualified employees are not available.

Section 3 - Period of Agreement and Ratification

(A) This agreement shall be effective December 1, 2022, and shall remain in full force and effect up to and including November 30, 2025, and thereafter from year to year unless written notice to modify, amend, or terminate the Agreement is served by either party upon the other at least sixty (60) days prior to the expiration date of this Agreement.

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

(B) Any notice given under this section shall be deemed to be served by the Union when mailed postage prepaid, registered mail, return receipt requested, Emailed or delivered in hand, to the Company’s Site Manager for service upon the Company, and such notice shall be deemed to be served by the Company when similarly mailed, or delivered in hand, to the assigned Business Representative, District Lodge No.

4, Local Lodge No. 4, for service upon the Union. The date of mailing shown on the registered mail return receipt or the date of written receipt of personal service shall be the controlling date for purposes of Section 3 (A) of this Agreement.

Section 4 – Separability

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

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

(C) In the event the Employer decides to sell, transfer, or assign the business, this Agreement will be subject to existing Federal Labor Law.

Section 5 - Security Regulations

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

Section 6 – Nondiscrimination

The Company and the Union agree to observe all applicable Federal and State laws regarding non-discrimination against any employee or applicant for employment because of race, color, religious creed, national origin, disability, veteran status, age, or sex, gender identity/expression, sexual orientation, or preference.

Section 7 - Union shop and check off

(A) All of the Company's present employees within the bargaining unit shall become members of the Union as a condition of employment within thirty (30) days of the execution of this Agreement. All newly hired employees in the bargaining unit shall become members of the Union within 60 days after their date of hiring and shall remain members of the Union as a condition of employment, within the requirements of the National Labor Relations Act. To be a member of the Union a member must pay all initiation fees, Union dues and assessments uniformly required of all members. Union membership is required only to the extent that employees must pay either (i) the Union’s initiation fees and periodic dues or (ii) service fees which in the case of a regular service fee payer shall be equal to the Union’s initiation fees and periodic dues or, in the case of an objecting service fee payer, shall be the proportion of the initiation fees and dues corresponding to the proportion of the Union’s total expenditures that support representational activities.

(B) In the event that paragraph (A) becomes illegal, by reason of Maryland law prohibiting the Union shop, then the parties will substitute an agency shop provision for the Union shop provision if such substitution can lawfully be made. Such agency shop provision, if legal, would require all employees in the bargaining unit to pay the Union an amount equal to Union dues, initiation fees, and assessments.

(C) The Company will within 10 days after written notice from the Union discharge any employee who is not a member of the Union.

(D) The Company agrees to deduct from an employee's payroll check Union dues or agency fees for all employees covered by this Agreement, provided that the Union or the employee delivers to the Company a written authorization to make such deductions, signed by the employee, irrevocable for one year or the expiration date of this Agreement, whichever shall occur sooner. The Company shall make deductions for each member or agency fee payer from the first pay of such member or agency fee payer each month.

(E) Such payroll deductions referred to in paragraph (D) of this Article shall be mailed to the Secretary Treasurer of the Union the week after the week in which the payroll deductions are made. The Company shall provide to the Secretary Treasurer of the Union with a listing, on a monthly basis, of all newly hired or laid-off employees.

(F) Should an employee be promoted or transferred to a managerial/salaried classification not covered by this Agreement, the Company shall cease deducting applicable service fees or dues from such employee.

When ceasing to deduct applicable service fees or dues for reasons cited in this section, the Company shall submit the names of such employees, and the reasons for no deduction to the Financial Secretary of District Lodge No 4 and Local Lodge No. 4 constitutes a breach of this Agreement on the part of the Union for purposes of this paragraph.

Section 8 – No Strike – No Lock Out

(A) During the life of this Agreement or any written extension thereof, neither the Union nor its members will call, sanction, participate in, Authorize, instigate, support, assist, acquiesce in or condone any strike including, but not limited to, any unfair labor practice strike, sympathy strike, sit-down, slow-down, sickout, walkout, picketing, work stoppage, slowdown, whether sanctioned by the Union or not, by any employee which curtails, interferes with or interrupts or threatens such curtailment, interference or interruption of the Employer’s operation.

(B) During the life of this Agreement, the Employer reserves the right to take disciplinary action, including discharge, against the participants in any strike, slowdown, sickout, walkout, picketing, stoppage, or other interference with production, and such action may not be raised as a grievance or be subject to the arbitration provisions of this Agreement, except as to whether or not the employee participated in such action. The aforementioned does not pertain to activities that do not affect operations under this CBA.

(C) During the life of this Agreement, or any written extension thereof, the Employer will not lock out the employees covered under this Agreement.

ARTICLE II – MANAGEMENT RIGHTS

Except as modified by a specific provision of this Agreement, the Company reserves and retains all of its normal and inherent rights with respect to the management of the business, including (without limiting the generality of the foregoing) its right to establish or continue policies, practices, and procedures for the conduct of the business; to select and direct the working force, to establish, eliminate, change or combine work schedules and work assignments and collateral duties, which are not in conflict with the terms of this Agreement; to transfer, promote or demote employees, or to lay off, terminate or otherwise relieve employees from duty for lack of work or other legitimate reasons; to make and enforce reasonable rules for the maintenance of discipline; to suspend, discharge or otherwise discipline employees for just cause; to establish the methods, processes and means of providing services; and otherwise to take such measures as management may determine to be necessary to the orderly, efficient or economical operation of the business. It is understood and agreed that any of the powers and authority, which the Company had prior to the signing of this Agreement, are retained by the Company.

Such rights of management include, but are not limited to: hire, promote, layoff, assign, transfer, suspend, and to discharge, investigate, and discipline employees in accordance with this agreement; to increase or decrease that number; direct and schedule the work force including establishing and changing work days, work hours, and work weeks; establish, increase or decrease the number of work shifts and their starting and ending times; train employees and determine who will be trained; establish, change, classifications and determine qualifications; determine performance levels and standards of performance of the employees, and provide performance reviews and approvals as needed.

ARTICLE III - UNION - COMPANY RELATIONS

Section 1- Union Stewards

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

(B) The Union recognizes and agrees that a Steward will carry out his/her duties with a minimum of interference with the orderly progress of Company work.

(C) Stewards will be designated. The total number of Stewards recognized by the Company on the effective date of this Agreement will be two (2) In addition to those Stewards designated above; a Chief Steward shall be designated and assigned to the entire contract work area.

(D) It is agreed that since the Stewards have a regular work assignment to be performed, that contacts involving union business with other employees or Stewards, or the Business Representative of the Union will be no more frequent and no longer than the matter for discussion reasonably requires.

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

(2) To investigate a complaint or grievance of record before presentation to the appropriate

Company Representative.

(3) To present a request concerning this Agreement, complaint, or grievance to an employee's

Supervisor in an attempt to settle the matter for the employee or group of employees who may be similarly affected.

(4) For discussions with Stewards or the authorized Business Representative of the Union on employee complaints or grievances or on matters arising out of the application of this Agreement.

(E) The number of Stewards may be adjusted within reason by Company-Union mutual agreement to compensate for facility and population changes.

(F) The Steward shall secure permission of his/her Company Representative or assigned alternate before leaving his/her work station, reporting back to his/her Company Representative or assigned alternate upon return to his/her work station. Permission shall be granted unless operation activities are affected. The Company shall not unreasonably deny or delay access to the Steward.

(G) It is agreed the Company shall pay Stewards for time away from the performance of their normal jobs while acting in their Steward capacity as defined in this Article for up to five (5) hours per week. The Chief Steward may use up to five (5) hours per week of such company paid time. It is agreed that time away from normal work activities shall be reviewed and monitored and shall be addressed by the parties during the period of this Agreement when such an issue is raised by either party. Grievance meetings scheduled between the Company and the Union will not be included in the five (5) hours.

(H) In order to insure the orderly administration of the terms of the labor Agreement, during periods of reductions in force, such employees designated as Stewards or Chief Steward shall be considered the most senior employees in their assigned job classification, for purposes of applying Article V, Section 2, of this Agreement.

(I) It is agreed between the parties that should a Steward or Chief Steward lose or resign his/her Stewardship while maintaining super-seniority, he/she will remain in place (classification and labor grade while Steward) until another Steward replaces and assumes the duties as a Steward.

(J) On the date the new Steward or Chief Steward assumes office replacing the Steward who was maintaining super-seniority; the former Steward's status will be determined by his/her actual seniority. That is, if there is a more senior employee on recall to the job classification and specialty occupied by the former Steward, the more senior employee will be recalled and the former Steward will be subject to the layoff and displacement provisions of Article V, Section 2 of this Agreement.

(K) A steward that is designated as a representative of a shift shall keep the normal working hours of that shift for the duration of his term or until a new steward assumes office.

(L) The Supervisor shall, operating requirements permitting, approve an employee to confer with his or her designated Steward to express a question or concern about the application of this Agreement during straight time hours without loss of pay.

(M) The Supervisor shall operating requirements permitting approve an employee to attend a Step One or Step Two grievance hearing for a grievance that he or she signed, on straight time hours without loss of pay.

Section 2 - Business Representatives and Union Officials

(A) Full time Business Representative of the Union shall have access to the Company's operations for the purpose of contacting Stewards or Chief Steward regarding employee complaints or grievances or matters arising out of the application of this Agreement. Such visits shall be subject to such regulations as may be made from time to time by the Company, the U.S. Military Services, and other government agencies. It is agreed that the Company will not impose regulations which will render ineffective the intent of this provision. Prior to entering the Company's operations, the Business Representative shall notify the Site Supervisor to agree on the date and time he/she will be on the facility and the department(s) he/she wishes to contact.

(B) If it is necessary for a full time Union Business Representative to meet with any single employee and one steward to discuss a complaint or grievance, the employee and steward time shall be Company paid providing that he or she first notifies the Site Supervisor. The contacts on Company time, which are provided for in this Section, will be no more frequent and no longer than the matter for discussion reasonably requires. No discussions will be held with supervision of any section unless the Site Supervisor has been notified and given an opportunity to be present. The Site Supervisor shall meet upon request with a full time Union Business Representative to discuss the Representatives request to simultaneously meet with more than one employee and a steward.

Section 3 - Bulletin Boards and Posting Notices

(A) It is agreed that the Union will be permitted to post on bulletin boards at locations approved by the customer:

(1) Notices of Union recreational affairs.

(2) Notices of Union elections and election results.

(3) Notices of Union appointments.

(4) Notices of Union meetings.

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

(B) The Union will provide a locked three (3) foot by Four (4) foot bulletin board clearly identified as "Union Business" where only Union notices will be displayed. The Union bulletin board will be secured and locked at all times and the keys to the bulletin board will be kept in the possession of the applicable Chief Steward.

The bulletin boards will be prominently displayed in the main work area with the purpose of being easily accessible by all employees.

Section 4 - Information Provided to and or by the Union

The Company shall furnish the Union Business Representative or Chief Steward with information required by law within ten (10) calendar days. Requests by Union Business Representative or Chief Steward to the Company will be made to Site Supervisor or Company Representative. The Union shall furnish the Company with information required by law within ten (10) calendar days. These time limits may be extended by mutual agreement of the parties.

ARTICLE IV - GRIEVANCE PROCEDURE AND ARBITRATION

Section 1 - Definition of Grievance

The term grievance as used in this Agreement is a written claim involving the interpretation, application or claim of breach or violation of applicable provision(s) of this Agreement that the Company or an employee has not been able to adjust. The grievance must identify the applicable provision(s) of the Agreement that is claimed to have breached or violated and the remedy sought. All references and procedures in the Article which refer to "employee" grievances refer to the Company as well, as the Company also has the right to file a grievance under this Article.

Time limits may be extended only by mutual consent of both the Union and the Company.

Grievances arising out of a suspension without pay or a discharge shall be submitted directly to Step Three described in Section 2 herein.

The company and/or the Union shall inform the employee of the right to have a Shop Steward present prior to the start of any investigation meeting that could lead to discipline.

Section 2 - Grievance Procedure

(A) Grievances will be conducted as follows:

Step 1 The parties agree that all complaints and grievances should be resolved, whenever possible, with the immediate supervisor and the employee involved. It is the intent and purpose of the parties to provide a fair and equitable procedure for the orderly settlement of all grievances. Any employee with a complaint or issue should contact the appropriate supervisor in order to discuss and resolve the issue. Both parties will make every effort to resolve the issue within three (3) regularly scheduled work days before it is reduced to writing as described in Step Two of this Procedure.

The employee may have their Shop Steward present if desired.

Step 2 Any employee believing they have been aggrieved as defined in section one (1) of this Article, must confer with the employees Site Supervisor and present a written grievance, with their Union Steward or Chief Steward. The Union Steward or Chief Steward on a form provided by the Union and agreed to by the Company must reduce the grievance to writing. Such written grievance shall set forth the complaint and remedy sought the facts on which it is based, the date of occurrence, the applicable Article of the Agreement which is claimed to be the basis for the filing of the grievance, and this, together with any accompanying statement. The form shall be dated and signed by the grievant and the Union Steward or Chief Steward. The written grievance must be presented to the employees Site Supervisor within ten (10) working days from the date the employee became aware of the incident that gave rise to the grievance. If the employee or Union Steward/ Chief Steward fails to present the written grievance within this time limit, the grievance shall be considered settled and no further action can be taken thereon. Both parties will make every effort to resolve the issue.

The Site Supervisor shall render his/her written decision to the Union Steward or Chief Steward and the employee within seven (7) working days after being presented the grievance. If a settlement is reached it will be reduced to writing on the grievance form and the matter shall then be considered closed. If the Site Supervisor fails to provide his/her written response within this time limit, the grievance shall be advanced to the next step. Any grievance settlements at Step Two of the grievance process, whether by concession, withdrawal, settlement agreement, or resolution actions occurring due to a failure of either party to abide by the time limits of this section, shall not constitute a precedent binding upon the Company or the Union, unless the parties agree, in writing that such settlement shall set a precedent binding on future grievances.

Step 3 If not satisfactorily settled as outlined in Step Two (2) above, the written grievance may then be presented to the Program Manager or his designated representative no later than ten (10) working days after receipt by the Union assigned Business Representative and/or Chief Steward of the decision rendered in step two (2) hereof. The Program Manager and/or designated company representative shall meet with the Business Representative, Chief Steward and Union Steward in an attempt to resolve the matter and render a written decision thereon within ten (10) working days after said meeting/appeal. If a settlement is reached it will be reduced to written form on the grievance form and the matter shall then be considered closed. If the Program Manager fails to provide a written decision within this time limit, the grievance remedy shall be advanced to the next step of this procedure. Any grievance settlements at Step Three of the grievance process, whether by concession, withdrawal, settlement agreement, or resolution actions occurring due to a failure of either party to abide by the time limits of this section, shall not constitute a precedent binding upon the Company or the Union, unless the parties agree, in writing that such settlement shall set a precedent binding on future grievances.

(B) If the two parties' representatives are unable to reach a settlement, either party may request a list of qualified arbitrators from the United States Federal Mediation and Conciliation Service. The request shall be for a list of seven (7) arbitrators. The Union and the Company shall alternately strike one name from such list (the right to strike the first name having been determined by lot) until only one name remains and that person shall be the arbitrator.

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

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

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

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

(G) It is mutually agreed that should an employee be unavailable to sign a grievance form and deliver it to the Company within the time limits specified in Steps One and two of the grievance procedure, the Union may forward the grievance unsigned. Requests for additional time due to circumstances of the unavailability of the employee to sign will be made to the Site Supervisor and will be granted at the sole discretion of the Company. The Union must secure the employee signature prior to the grievance form proceeding through the next step of the grievance procedure.

Section 3 - Arbitration

(A) The parties' representatives shall make the necessary arrangements to arbitrate the grievance. In the event that the parties' representatives are unable to agree upon the issue, the arbitrator shall determine the issue.

(B) The arbitrator shall have the authority to determine the rules of evidence and procedure and to adjourn or continue the hearing from time to time. All expenses incurred by the arbitrator including the fee and expenses which he authorized in connection with the arbitration, shall be shared equally by the parties.

Costs incurred by the respective parties for their witness (es) shall be borne by the respective party.

(C) This Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties and by the arbitrator in the same manner as any other contract under the laws of the land. The function and purpose of the arbitrator is to determine disputed interpretation of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The arbitrator shall have the authority to interpret and apply the provisions of this agreement. The arbitrator shall not have the authority to amend or modify this Agreement or to establish new terms and conditions of this Agreement. The decision of the arbitrator shall be in writing and shall not be made until both parties have had reasonable opportunity to present their case, together with oral arguments. Said decision shall be given not later than thirty (30) days after the submission of the final briefs. Such briefs shall be submitted to the Arbitrator no later than fourteen (14) days from the date of the hearing. Such time limits may be extended by mutual agreement of the parties. It is understood and agreed that a decision of the arbitrator made in accordance with the requirements hereof shall be final and binding on both parties.

(D) The parties will conduct arbitration within twenty-five (25) miles of Patuxent River Naval Air Station, Solomon’s Annex, Solomon’s Island, Maryland.

ARTICLE V - SENIORITY

Section 1 - Basis of Seniority and Establishment of Seniority Rights

(A) All employees shall be considered probationary employees for the first ninety (90) days of active employment. Throughout this period, supervision will evaluate the probationary employee as to such factors as, but not limited to, work habits, willingness to accept varied work assignments and training, safety, productivity, quality of work, attendance, and ability to work with others. Upon completion of his/her probationary period, the employee will become a regular employee whose seniority will be retroactive to his/her first day of employment. Supervisory determinations as to retention, reassignment, or termination of probationary employees anytime during the ninety (90) day probationary period are not subject to the Grievance and Arbitration Articles of this Agreement.

(B) For purposes of this Agreement, there shall be two types of seniority and they are defined as follows:

Contract Seniority – For employees covered by the collective bargaining agreement as of the effective date of the Agreement, or employees re-hired within one (1) year or less of a break in service, Contract Seniority represents all accumulated time for which the employee has served as an employee of the Company in the performance of similar work at any Company site. Contract seniority also represents all accumulated time for which the employee has served as an employee of a predecessor company in the performance of similar work at NAS Solomon’s Annex.

Bargaining Unit Seniority – For employees covered by this collective bargaining agreement as of the effective date of the Agreement, Bargaining Unit Seniority is the same as Contract Seniority cited above.

For employees hired or transferred after the effective date of this Agreement, Bargaining Unit Seniority begins upon the hire or transfer date at a site covered by this Agreement.

For all purposes of this agreement that pertain to seniority will be known as bargaining unit seniority unless otherwise stated within Articles or Sections of this Agreement.

When two (2) or more employees have the same Bargaining Unit seniority date, the employee with the most Contract Seniority will be deemed senior. In the event that Contract Seniority dates are the same, the employee with the lowest last four digits of the social security number will be deemed to be the most senior.

(C) An employee who re-enters the bargaining unit within six (6) months from a position taken outside the bargaining unit (Management) may return to the last classification held, provided a vacancy is open for that classification and he/she meets the definition of fully qualified as defined in Article V, Section 2 of this Agreement and has sufficient bargaining unit seniority to return. For purposes of this paragraph, bargaining unit seniority does not accumulate while outside the bargaining unit.

(D) Seniority for vacation eligibility and benefit determination purposes will not be affected by Article V, Section 1(C), above. The employee's bargaining unit seniority would be frozen until such time as the employee returned to the bargaining unit within the six (6) month period contained in Article V, Section 1(C) above and would accumulate going forward from the date of return.

(E) An employee who transfers, is reassigned, is promoted, demoted, or has been reclassified within the Bargaining Unit will retain all Seniority.

Section 2 – Promotions, Layoffs and Recall

In the event of a layoff, probationary employees shall be laid off first and then part-time employees shall be laid off next. It is the intention of the Company to maintain a productive, qualified workforce at all times, even through periods of reduction in force. Therefore, the senior qualified full-time employee, by job classification will be laid off last and recall from layoff shall be conducted in reverse order of layoff. In assigning employees to higher-paying jobs, the Company shall select most qualified employee in the job classification to be so promoted. In making such selection, consideration shall be given to such qualification factors as ability, performance and skill. The applicable Steward shall be informed of decisions under this Article V, Section 2 before such decisions are announced.

Section 3 - Loss of Seniority

Employees shall lose all seniority rights and employment shall cease for any of the following reasons.

a. Resignation

b. Discharge for just cause.

c. Failure to report to work within fourteen (14) days after recall from layoff.

d. Absence due to layoff for twenty-four (24) months.

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

f. If the employee gives a false reason for a Leave of Absence or engages in gainful employment with another employer during such leave.

g. If any monetary settlement is made with an employee covering total disability.

h. If an employee falsifies information on his/her application for employment. The falsity may become known at any time after the employee’s date of hire.

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

ARTICLE VI - EMPLOYMENT CONDITIONS

Section 1 - Working Conditions

A. Safety Rules and Regulations

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

B. Clothing and Safety Equipment

As directed by the Company, protective clothing and safety equipment will be utilized by the employee and provided by the Company during his/her performance of jobs requiring such equipment usage.

Employees will be responsible for the purchase of their own safety shoes.

C. Medical Examinations

In the event the Company requires a medical examination for the purposes of job requirement for non-probationary employees the cost of the examination shall be borne by the Employer. The Company will select the physician that will conduct the medical examination. If the results of the physical causes the employee to be unable to perform his/her job, the Company will make every effort to place the employee in a vacant, available position, for which he/she is qualified to perform.

D. On-the-Job Injury

An employee injured on the job, who is taken off the job for treatment will receive pay for the remainder of his scheduled work day if the employee's injury is serious enough to preclude his return to work.

Where necessary, on the day of injury, the Company will furnish transportation to and from the medical facility (Hospital) immediately, except in a case of an emergency transportation is required for an injured employee to receive medical treatment.

The Company may provide a Temporary Alternate Work (TAW) program to Bargaining Unit employees who are unable to perform their normal work assignments due to an on-the-job illness/injury or other medical limiting situation. The intent of which is to assist Bargaining Unit employees, by providing them with an opportunity to continue gainful employment under the provisions of the Collective Bargaining Agreement, but not to impede the recovery process of their illness or injuries, provided the Company has the work available and is able to accommodate the employee's medical restriction.

The TAW assignment may be Bargaining Unit or non-Bargaining Unit work. The employee will receive his standard contractual hourly wage and benefits regardless of work performed. The employee's start time will be in accordance with the Collective Bargaining Agreement. Employees on TAW will not displace other employees or adversely affect their seniority.

The Company, including the Site Supervisor, Human Resources personnel and Corporate Worker's Compensation personnel will continue the Company's practice of working with employees and their physicians to attain the intent of this Article.

E. Training

The Company will provide at no expense to the employee training and certification for hazardous material handling in accordance with applicable Federal and State guidelines.

F. Employee Assistance

Employees who voluntarily admit to a drug/alcohol abuse problem will be granted an initial leave without pay to participate in an in-patient rehabilitation program, at their own expense, and shall be entitled to Short Term Disability Benefits if eligible, as determined by the short-term disability provider during the leave period. A "Request for Leave of Absence" form will be obtained through Management channels. Additional leaves of absence may be granted. Once the Leave is approved, the employee will have up to three (3) days to enroll in rehabilitation. The employee must provide proof from the facility that he/she has entered the rehabilitation program and of successful completion prior to returning to work. Withdrawal, non-participation, or failure to complete the rehabilitation program will be cause for termination.

Section 2 - New Technology

The Company and the Union agree that it is to their mutual benefit and sound economic and social goals to utilize the most efficient machines, processes, systems, methods, and/or materials. In this way, the Company will be able to compete effectively in the marketplace, and, thereby, provide economically secure jobs for its employees. It is the Company's policy when possible to assure that training is available for its employees so that they may have the opportunity to acquire the knowledge and skills required by the introduction of new technology.

In order that employees can better prepare themselves for the skill requirements of the future and in its fulfillment of its obligation to provide information to the Union, the Company will provide notification to the Union full-time Business Representative or his designee of Company initiated plans for the introduction of new technology which may affect the employees’ employment security. This notification will inform the Union of anticipated schedules of introduction of such new technology, and will identify areas of skill impacts and any training programs associated with those impacts. The Union, and its representatives, will protect the confidentiality of Company sensitive and proprietary information disclosed in the notification.

The Company will provide employees in the affected classification(s) in the bargaining unit the opportunity to volunteer for applicable training. The Company will select employees based on factors such as ability, skill, dependability, efficiency and qualifications to attend training and perform the work involved. If such factors are relatively equal, the most senior employee will be selected.

In lieu of layoff, an employee displaced by new technology initiated by the Company will be placed on an open job commensurate with his or her qualifications if any exist.

ARTICLE VII - EMPLOYEE PRIVILEGES

Section 1 – Personal Time Off (PTO)

(A) For PTO purposes, all employees will be entitled to be paid PTO which will be based upon years of continuous service (no loss of seniority, consistent with section V, Section 1 (B) on this FRC/ASE contract at Patuxent River Naval Air Station, Solomon’s Island, MD or with the Company, whichever is earlier and each anniversary date thereafter, shall be the reference point for accrual of PTO. Employees will be credited with PTO as follows:

Employees will accrue PTO at the following amounts on a biweekly basis:

Years of Service Annual Accrual Changes Biweekly

Annual

Carryover

1 year but less than 5 years 144 0 Months 5.54 216

5 years but less than 10 years 184 48 Months 7.08 276

10 years but less than 15 years 224 108 Months 8.62 336

15+ years 264 168 Months 10.15 396

(B) Accruals will accrue, bi-weekly, from the first week of service. When an employee moves to the next level of accrual, it is understood that the new accrual rate will begin on the first day of the next full pay period.

The intent of this provision is to cause each employee to use the PTO for time off. Employees denied PTO shall not lose payment for PTO. Employees must complete their probationary period to be eligible to schedule PTO time.

Following the beginning of biweekly PTO accrual, employees will receive a prorated deposit of vacation (PTO) on their next anniversary covering the period from their last anniversary to the point that accruals begin.

Any unused PTO may be carried over to the following year up to one and a half (1 ½) times the maximum annual PTO entitlement. PTO accrual in excess of the maximum carry-over amount on the last day of the final pay period of each year will be paid out no later than the pay period which includes February 1st of the following year. Any PTO payouts will be by separate direct deposit.

All PTO will be paid at the employee’s regular rate of pay, excluding all premiums.

Scheduled PTO should be requested as far in advance as possible but in no case less than three (3) business days immediately prior to the day being requested. The Company will make every effort to approve PTO requests unless prohibited by legitimate business reasons. When conflicts in requested PTO periods arise, the employees having the greater seniority shall be given the preference. However, an employee who has previously requested and had scheduled PTO approved will not be displaced by a more senior employee.

PTO may be scheduled for periods of six (6) minute increments or more. PTO may be taken while on an approved medical leave of absence. Unscheduled call-in’s (Unscheduled PTO) will still require a request form to be submitted after return to work to ensure proper notification/documentation. Unscheduled Early Departures will also require a request be submitted to the working supervisor prior to departure.

Employee’s request for PTO leave must be approved by the Site Supervisor or his/her designee(s) before such leave is taken. Employees failing to secure such approval, who subsequently fail to report to work or depart early as scheduled, without a reasonable excuse, may be subject to appropriate disciplinary action for unexcused absence. The Site Supervisor or his/her designee(s) shall notify the employee within two (2) working days of approval or disapproval of the PTO. The Company reserves the right to cancel an approved PTO, if due to unforeseen events staffing falls below minimum required levels. The Company will make every effort not to cancel approved PTO where the employee has a monetary commitment (i.e. prepaid airline, cruise tickets, etc.)

(C) For the purpose of accruing PTO credits, a credited bi-weekly period shall be defined as follows:

Any bi-weekly period in which an employee is paid by the Company for time worked, holiday pay, jury duty pay, military pay differential, or bereavement leave pay.

(D) All unused accrued PTO balances will be paid out upon termination/retirement or death.

(E) The PTO herein satisfies the leave required by Executive Order 13706.

Section 2 - Military Reserve Training Leave

Military leaves of absence will be granted to employees covered by this Agreement for periods of short-term active duty when called to active duty for service with a reserve unit of the Armed Forces or the National Guard. Such short-term active duty (30 days or less) shall include annual active duty training. Such employees shall receive differential pay between their military base rate and their Company base rate of pay exclusive of any premiums for up to ten (10) scheduled working days per calendar year. Employees must present a copy of their orders to the Company (2) two weeks prior to absence. Upon return from active duty, employees shall immediately, upon receipt of the military pay statement, provide to the Company a copy to serve as the basis for compensation. Employees required to report for military active duty in excess of thirty (30) consecutive days shall be reinstated in accordance with current applicable state and federal law concerning active military service.

Section 3 - Bereavement Leave

Bereavement leave will be granted up to three (3) days paid (with and additional two (2) days unpaid, made available if requested) to attend the funeral of immediate family members as follows:

(Additional two (2) days paid when required to travel of over 500 miles one-way) Immediate family is defined as mother, father, stepmother, stepfather or legal guardian, sister, brother, spouse, daughter, son, stepdaughter or stepson, foster child, grandmother, grandfather, great grandmother, great grandfather, mother-in-law, father-in-law, son-in-law, daughter-in-law, sister-in-law, brother-in-law, stepsister, stepbrother or grandchildren/step-grandchildren and great grandchildren/step-great grandchildren, or any other relative who resides in their domicile. In addition, an employee will be granted bereavement leave for a stillborn child if the employee provides appropriate documentation.

Employees may use PTO time, upon supervisor approval, for which they are eligible, for extended travel for bereavement.

Section 4 - Leaves without Pay

(A) Leaves of absence up to thirty (30) days without pay may be granted at the sole discretion of the Site Supervisor. A request for leave must be submitted on a Request for Leave of Absence form, and approved in writing by the Site Supervisor prior to the effective date of the leave. A copy of the approved or denied request must be given to the employee. A leave of absence may be extended only by the Site Supervisor or his or her designee.

(B) In the case of emergency such as death, serious illness, or injury of a member of the employee’s family, a Leave Request may be processed without the employee's signature and subsequent to the employee's departure; however, such emergency leave must be promptly reported, reviewed by the Site Supervisor and forwarded to the Human Resources Office.

(C) For good and sufficient reason, the Company may extend the period of the leave. The leave of absence, properly approved, shall not in any way jeopardize the employee's standing with the Company.

(D) Employees elected or selected to full-time jobs in the local Union or the International Union, which take them from their employment with the Company shall receive leave of absence, for up to five (5) years, without pay or benefit credits. Such employees will continue to retain and accumulate bargaining unit seniority during such leave.

(E) Leaves of absence without pay or benefit credits may be granted at the Company’s sole discretion on two weeks written request of the Union to persons designated by the Union for Official Union business to attend…