Attachment 14 - CBA.pdf

COLLECTIVE BARGAINING

AGREEMENT

B E T W E E N T E A M S T E R S L O C A L U N I O N 7 6 9

A N D P H O E N I X M A N A G E M E N T , I N C . ( P M I )

September 1, 2020 through August 31, 2024

TABLE OF CONTENTS

AGREEMENT

ARTICLE 1

RECOGNITION

ARTICLE 2

SUCCESSORSHIP

ARTICLE 3

MANAGEMENT RIGHTS

ARTICLE 4

HARMONIOUS RELATIONS

ARTICLE 5

NON-DISCRIMINATION

ARTICLE 6

UNION SECURITY AND CHECK OFF

ARTICLE 7

STEWARDS

ARTICLE 8

BULLETIN BOARDS

ARTICLE 9

INSPECTION PRIVILEGES

ARTICLE 10

UNION LEAVE

ARTICLE 11

HOURS OF WORK

ARTICLE 12

HOLIDAYS

ARTICLE 13

VACATIONS

ARTICLE 14

SICK LEAVE TIME

ARTICLE 15

PTO

ARTICLE 16

FUNERAL LEAVE

ARTICLE 17

JURY DUTY

ARTICLE 18

MILITARY LEAVE

ARTICLE 19

GRIEVANCE PROCEDURE

ARTICLE 20

DISCIPLINE AND DISCHARGE

ARTICLE 21

SENIORITY

ARTICLE 22

UNIFORMS AND EQUIPMENT

ARTICLE 23

SUB-CONTRACTING

ARTICLE 24

TRAINING PROGRAMS

ARTICLE 25

EXAMINATION AND IDENTIFICATION FEES

ARTICLE 26

WAGES AND CLASSIFICATIONS

ARTICLE 27

COMPENSATION CLAIMS

ARTICLE 28

HEALTH AND WELFARE

ARTICLE 29

401(k) MATCH

ARTICLE 30

401(K)

ARTICLE 31

DEFECTIVE EQUIPMENT AND DANGEROUS CONDITIONS OF WORK

ARTICLE 32

NO STRIKE NO LOCKOUT

ARTICLE 33

SHIFT DIFFERENTIAL

ARTICLE 34

LEAVE OF ABSENCES

ARTICLE 35

WORK RULES

ARTICLE 36………………………………………………………………………………………….. 22

HURRICANE RESPONSE…………………………………………………………………………..22

ARTICLE 37

MAINTENANCE OF STANDARDS

ARTICLE 38

TERMS OF AGREEMENT

ARTICLE 39

INDIVIDUAL AGREEMENTS

ARTICLE 40

DURATION OF AGREEMENT

ADDENDUM A

WAGE SCHEDULE

ADDENDUM B

HEALTH & WELFARE SCHEDULE

ADDENDUM C

401(k)

AGREEMENT

THIS AGREEMENT, made and entered into by and between Phoenix Management, Inc., having a place and doing business in Homestead, Florida (hereinafter referred to as the ("COMPANY or EMPLOYER"); and TEAMSTERS LOCAL UNION NO. 769, an affiliate of the International Brotherhood of Teamsters, having a place and doing business in Miami, Florida and vicinity (hereinafter referred to as the "UNION").

ARTICLE 1

RECOGNITION

Section 1.0 The Company recognizes and acknowledges that the Local Union is the sole and exclusive representative of all employees in the classifications of work as certified in the petition for the purpose of collective bargaining as provided by the National Labor Relations Act. The Unit certified by the National Labor Relations Board as Case No 12RC-9354, is as follows:

Included: All full-time and regular part-time real property maintenance, traffic management, vehicle maintenance, supply and fuels department employees employed by the Employer at the Homestead Air Reserve Base (ARB) in Homestead, Florida; excluding all other employees, confidential employees, professional employees, office clerical employees, managers and supervisors as defined in the Act.

Section 1.1 Full-time, Part-Time >30, Part-Time <30, Temporary/Seasonal, On-Call.

A full-time employee is defined as an employee who is hired to work a regularly scheduled work week of at least 40 hours on a regular recurring basis throughout the year.

A part-time <40 employee is defined as an employee who is hired to work a regularly scheduled work week of less than 40 hours on a regular recurring basis throughout the year.

Employer may occasionally or routinely adjust part-time or on-call employee work schedules to increase or decrease workweek hours based upon mission requirements.

Temporary/seasonal/on-call employees are those who are hired for only a certain period of time or as needed, usually at least one hundred twenty (120) days and not exceeding one hundred eighty (180) days.

Temporary/seasonal employees are not eligible for benefits except as stated below. Exceptions are employees who cover for full or part-time employees who are on military leave or FMLA. This exception will be communicated with the employee involved and the union steward.

When an employee filling a job classification that is considered temporary/seasonal by the Company continues to be employed and works for more than one hundred eighty (180) days in a two hundred ten (210) day period (work days), then the employee will be eligible for the benefit entitlements under the Agreement on a pro rata basis (as would be calculated for part time employees) for his anniversary year (or contract year for such benefits calculated on contract year) following the completion of more than one hundred eighty (180) days of continuous work. If such employment should exceed the one hundred eighty (180) days continuously the employee would become a member of the bargaining unit. However, if an employee experiences a break in service as defined in Article 21 Seniority, or does not return to work for the Company for seasonal work when called, then the employee benefit entitlements revert back to temporary status designation. Benefit entitlements will be limited to vacation, holidays, and bereavement.

ARTICLE 2

SUCCESSORSHIP

Section 2.0 This Agreement is binding on the parties, their respective successors, heirs, executors, administrators, and assigns. If the Company's business or operation or any part thereof is sold, leased, transferred, assigned or taken over by sale, transfer, lease, assignment, receivership or bankruptcy proceedings, such business or operation shall continue to be subject to the terms and conditions of this Agreement.

Section 2.1 Should the Union change its name, affiliation, status, or merge with or into another union, it is agreed that such changes or mergers shall in no manner modify or affect the biding obligations of this Agreement. In the event that the Union changes its name, affiliation, status, or merges into another union, the Company shall recognize any new entity or union as the collective bargaining representative of the employees covered under this Agreement, and this Agreement shall be binding upon the Company and the new union and/or entity.

ARTICLE 3

MANAGEMENT RIGHTS

Section 3.0 Except as specifically limited by this Agreement, the management of the Company 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, demote and transfer employees, to establish rules of conduct, to classify, reclassify, lay-off and relieve employees from duties, to discharge or discipline for just cause, and to maintain efficiency of employees, are the sole and exclusive rights and responsibilities of the Company.

The foregoing enumeration of the Company's rights shall not be deemed to exclude other pre-existing 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 Company 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 Company 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.

ARTICLE 4

HARMONIOUS RELATIONS

In their institutional relationships, the Company and the Union pledge themselves:

a) To abide by all procedures mutually agreed upon.

b) To give each other fullest cooperation to the end that harmonious relations may be maintained in the interest of both Company and Union.

c) On the part of the Union to discipline any Union Steward and on the part of the Company to discipline any supervisor, foreman or other of its representatives, who shall conduct themselves in such manner as to bring upon the Union or the Company, respectively, the proper reproach of the other that it has violated any of the terms of the Agreement.

d) It is mutually agreed that the Union and the Company in harmonious cooperation will abide by all contracts, operating checklists, government regulations, government technical orders, any other government contract publications, other company rules and publications, and all safety standards as established by the Company and/or the U.S. Government and will maintain the highest standards of maintenance, safety, serviceability, and readiness as governed by such rules and regulations.

e) The Company will provide a PMI Employee Handbook to the Union.

f) The following is a result of a clear and unambiguous understanding for the collective bargaining process.

The Company agrees to notify and discuss with the union steward and/or alternates, excluding the safety rules, all disciplinary action pertaining to any new rule, policy or procedure prior to imposing new disciplinary action.

ARTICLE 5

NON-DISCRIMINATION

Section 5.0 Whenever any words are used in the Agreement in the masculine gender, they shall be construed as they were also used in the feminine gender.

Section 5.1 It is the principle implicit in the relationships of the Company and the Union that no employee or applicant for employment will be discriminated against on the basis of race, color, religion, sex, national origin, age and disability. In accordance with the provisions of the Vietnam Era Veterans Readjustment Assistance Act of 1974, Affirmative Action will also be taken to employ disabled veterans and veterans of the Vietnam Era.

ARTICLE 6

UNION SECURITY AND CHECK OFF

Section 6.0 The Company will deduct from the wages of any employee covered by this agreement said employee's initiation fees and dues as a member of the Union upon receiving the employee's voluntary and individual written authorization for the Company to make such deductions, signed by the employee. Such authorization form will be provided by the Union. The Company will pay to the proper officers of the Union the wages withheld for such initiation fees and/or dues. The amount so withheld shall be deducted from the appropriate paycheck, reported, and paid monthly. The employee's social security number, full name, dues rate, rate of pay, and status of employment will be transmitted with the monthly fees/dues.

ARTICLE 7

STEWARDS

Section 7.0 The Company recognizes the right of the Union to designate one Union Steward and one alternate per shift from the Company's seniority list. The authority of Union Steward and alternates so designated by the Union shall be limited to the following duties and activities:

a) Investigation and presentation of grievances to his Company or the designated Company representative in accordance with the provisions of the collective bargaining agreement.

b) The transmission of such messages and information which shall originate with and are authorized by the Union or its officers, provided such messages and information have been reduced to writing, or if not reduced to writing, are of a routine nature and do not involve work stoppages, slowdowns, refusal to handle goods, or any other interference with the Company's business.

Section 7.1 Union Steward and their alternates have no authority to take strike action, or any other action interrupting the Company's business, except as authorized by official action of the Union.

Section 7.2 One (1) Union Steward, or one (1) designated alternate per shift, shall be permitted time to investigate, present, and process grievances on company property in a private area during their normal working hours without loss of time or pay with prior supervisory approval. Time spent investigating grievances on company time shall not exceed fifteen (15) minutes, unless otherwise agreed by the Company. If not during Steward’s normal working hours, Stewards will not be paid by the Company. The Union will supply a list of the Stewards and alternates as changes occur.

Section 7.3 The Union reserves the right to remove the Steward at any time for the good of the Union.

Section 7.4 The Company agrees to compensate up to three (3) stewards or committee persons designated by the Union for time spent in contract negotiations.

ARTICLE 8

BULLETIN BOARDS

Section 8.0 The Union may post notices on authorized bulletin boards. All such notices are to be confined to official business of the Union. These notices must be provided to the Project Manager or the Assistant Project Manager prior to posting.

Section 8.1 The Company will provide a designated space for a 2'X3' bulletin board that will be provided by the Union. These notices must be approved by the Project Manager or the Assistant Project Manager prior to posting.

ARTICLE 9

INSPECTION PRIVILEGES

Section 9.0 The Business Agent, or other authorized representatives of the Union, shall be permitted, subject to governmental security regulations, to enter the facility, when necessary, upon application to the Company Project Manager or Assistant Project Manager.

ARTICLE 10

UNION LEAVE

Section 10.0 The Company agrees to grant the necessary time off, in its discretion, without discrimination or loss of seniority rights and without pay, to any employee designated by the Union to attend a labor convention or serve in any capacity on other official Union business, provided one (1) week written notice is given to the Employer by the Union, specifying length of time off. The Union agrees that, in making its request for time off for Union activities, due consideration shall be given to the number of employees affected in order that there shall be no disruption of the Company's operation due to lack of available workforce. This time is unpaid by the Company.

ARTICLE 11

HOURS OF WORK

Section 11.0 For pay purposes, the normal workweek shall be from Sunday 00:00 through Saturday 24:00.

Section 11.1 The workweek shall be five (5) days, consisting of eight (8) hours. All work in excess of forty (40) hours in a workweek shall be paid at the rate of one and one-half time the employee’s regular rate of pay. The company will agree to endeavor five consecutive days. Time and one-half (1.5) times the applicable rate of pay shall be paid for all work performed on the sixth (6th) day worked over forty (40) hours. Breaks will be in accordance with the following schedule, and shall be dependent upon work and customer constraints.

a) Ten (10) minutes (A.M.)

b) Ten (10) minutes (P.M.)

Section 11.2 Employees shall take a continuous period for meals of sixty (60) minutes during the workday. This will not be considered as time worked and will not be paid for time.

Section 11.3 When any employee in the bargaining unit is called into work after he has left the base, he shall be paid a minimum of two (2) hours at the overtime rate or for actual time worked, whichever is greater. All employees shall be entitled to an eight (8) hour rest period after the end of their workday, except when mission dictates. Any employee required to perform work during this period shall receive the applicable overtime rate for all hours worked.

Section 11.4 For those employees who are not given a reporting time when they leave work and the supervisor is required to contact them by phone or any other positive form of communication with a starting time; those employees will be allowed a minimum of one (1) hour to report to work at the specified time. In the event of a critical situation the supervisor will work until the arrival of the employee.

Section 11.5 If an employee is worked in a higher classification, he shall be paid the hourly rate for the higher classification. If any employee is required to work in a lower classification, his rate shall not be reduced to the lower classification.

Section 11.6 The nature of this contract requires support to exercises at irregular times. The Company will establish a rotation schedule for employees to support these exercises. Employees are expected to report as scheduled.

ARTICLE 12

HOLIDAYS

Section 12.0 Non-probationary regular full-time and part-time employees are eligible for holiday pay if they are in an approved pay status during the week the holiday occurs and work the entire scheduled shift preceding and immediately following the holiday. Holiday pay is based on the total number of hours worked in the most recent full work week prior to the holiday. Temporary, seasonal, and on-call employees are ineligible for holiday pay.

Holidays recognized are the following:

New Year’s Day Labor Day Martin Luther King Day Columbus Day President's Day Veterans' Day Memorial Day Thanksgiving Day Independence Day Christmas Day

Section 12.1 When one of the designated holidays falls on an employee's scheduled day off the holiday will be paid. In cases where employees are required to work on a holiday, the Company may substitute another day off with pay for any of the named holidays in accordance with a plan communicated to involved employees. Should management determine that substituting another day off is not possible, the employee will be paid a holiday rate at one and one half (1.5) times the basic hourly rate of pay for hours worked on the holiday. Full time and part time employees who do not work on the holiday will receive holiday pay for time not worked on the holiday. Full and Part Time employees who work on the holiday will receive their basic hourly rate of pay for all hours worked (up to 8 hours) on the holiday, plus holiday pay. Section 12.2 Holidays which are not worked are not considered time worked and shall not be considered for purposes of computing overtime.

Section 12.3 If a holiday falls within an employee’s scheduled vacation period that day will not be considered vacation time.

ARTICLE 13

VACATIONS

Section 13.0 The Company shall provide paid vacation for all regular full-time and regular part-time employees as set forth in this Article. Temporary, seasonal and on-call employees are not eligible for paid vacation.

Section 13.1 Vesting

Vacation is earned after completion of one year of service with Company or successor contractor. The amount of vacation earned depends upon the number of years of continuous service with the present Company or predecessor contractors in the performance of similar work at the same facility. The number of years of continuous service is computed from the date an individual was first hired (anniversary date) on that project until present. During the first year of employment, no vacation is allowed. Vacation is earned in terms of weeks (one week is the equivalent of 40 hours) in accordance with the following schedule:

Years of Continuous Service Earned on Anniversary Date 1-4 Two (2) weeks 5-11 Three (3) weeks 12-17 Four (4) weeks 18+ Five (5) weeks

Regular part-time employees are entitled to a prorated amount of vacation based on the number of hours worked during the 12-month period preceding their anniversary date.

Section 13.2 Use of Vacation.

a) Vacation time can be used when needed, provided the employee requests leave in advance. Vacations will be approved by seniority if scheduled by January 1 of each year. After January 1st, a “junior” employee’s previously approved vacation request will not be disapproved based on a more senior employee’s request.

b) Vacations shall be scheduled with due regard for (1) needs of operations, (2) seniority, and (3) employee preference.

c) A general paid holiday, which occurs during a vacation period, will not count as a vacation day.

d) Vacation must be taken during the 12-month period following the anniversary date in which it is earned.

There is no carryover into the next year except as specified in 13.2.e.

e) In the event the Company is unable to accommodate a vacation request within the employee's anniversary dates due to operational or business needs, carryover of vacation time will be permitted with approval documented in writing by the Project Manager. Such approved carryover vacation should be utilized by the employee within sixty (60) days of the date of Company’s denial of requested vacation time or upon mutually agreeable date between the Project Manager and the employee affected not to exceed a ninety (90) day period following such denial.

f) Advance vacation is not authorized. Employees will not be paid for unused vacation except when they leave Company employment.

g) The company has the right to schedule employee’s vacation within ninety (90) days of their anniversary date.

ARTICLE 14

SICK LEAVE TIME

Section 14.0 All full-time employees shall accrue four (4) paid sick leave days per contract year. Such accrual for full-time employees will be calculated at the rate of one and one third (1.33) hours per pay period. All part-time employees shall accrue one and one half (1.5) paid sick leave days per contract year. Such accrual for part-time employees shall be calculated at the rate of one-half (1/2) hour per pay period.

Section 14.1 Sick Leave allowances shall be paid at the employee's hourly base rate and shall not exceed the number of hours in his regularly scheduled day. Sick leave pay shall include shift differential (if regularly scheduled for shift differential).

Section 14.2 Sick Leave allowances may be paid only when the employee notifies the Company of his absence because of personal illness or injury. A signed doctor's notice will be required after the third (3rd) consecutive day of illness or injury for the purpose of processing sick pay and the establishment of employee's ability to return to work. If an employee calls in sick and has no sick leave available but presents a doctor's note, it will be considered an excused unpaid absence. Employee must use paid time (vacation) before unpaid time.

a) Employees absent due to personal illness or injury for three (3) or more consecutive days must provide a doctor’s notice signed by a medical doctor.

b) A doctor’s note must state the period of time the employee was under medical care, and must specify whether or not the employee is medically cleared to return to work.

c) A doctor’s note clearing an employee to return to work must specify “No Restrictions”, or if there are limitation as to what the employee can or cannot do. Restrictions, if any, must be clearly stated in order for the Employee’s manager to determine the Employee’s ability to fulfill his/her normal duties. Medically restricted employees may not be allowed to work if restrictions prohibit them from safely fulfilling duties in their assigned jobs.

d) Employees’ returning to work without a doctor’s note after three (3) consecutive days absence due to personal illness or injury will not be allowed to return to work.

Section 14.3 Employees may carry forward up to twenty-four (24) hours of Sick Leave with a maximum bank of forty-eight (48) hours at any time. Upon reaching forty-eight (48) maximum, current year accrual will be suspended and accrual shall only begin again when the balance falls below forty-eight (48) hours.

Section 14.4 An employee may use sick leave time as personal time if scheduled in advance, upon management approval. Sick leave is “use it or lose it” and is not paid out for any reason.

Section 14.5 Paid time off, i.e. Sick Leave, Personal Time, Vacation and Holiday Time will not count as time worked for the purposes of calculating overtime.

ARTICLE 15

PERSONAL LEAVE

Section 15.0 All Full-time employees will receive four (4) personal days. These days will be given at the beginning of the government contract year.

Section 15.1 Personal days not taken during each government contract year will be paid to the employee on the next payroll period after the close of the government contract year.

Section 15.2 Part time employees will receive a prorated amount of personal leave based on the number of hours worked during the twelve (12) month period preceding the government contract year.

ARTICLE 16

FUNERAL LEAVE

Section 16.0 Regular employees shall be granted a maximum of three (3) days paid time off for absences by reason of death in the immediate family. Paid time off shall be at the base hourly rate for scheduled hours lost.

The employee may select any three (3) days between and including the day death occurs and two days following burial. Additional unpaid time may be requested and approved under certain circumstances and for good cause.

Immediate family members are defined as the employee's spouse, domestic partner, parents (including in-laws), siblings (including in-laws), children (natural, adopted, step-children and foster children living in the employee's home), grandparent or grandchild.

ARTICLE 17

JURY DUTY

Section 17.0 Each employee covered by this Agreement who is called for service on any Jury shall, after furnishing to the Office of the Company, a certificate in evidence of jury service, be paid for the duration of each jury duty served. The employee shall be paid a sum equal to his straight time earnings up to eight (8) hours if he is regularly scheduled to work on such day, less the amount paid to him for such jury service. No such payment will be made to any employee for jury service on any day, which in accordance with his regular work schedule, he would not have worked for the Company. If the employee is scheduled for ten (10) hour shifts, the ten (10) hours replaces eight (8) hour increments set forth above. In the event that the time required for jury service on any one (1) day is one-half (1/2) day or less, the employee then will be required to devote the remainder of the day to his regular duties with the Company.

ARTICLE 18

MILITARY LEAVE

Section 18.0 The re-employment of personnel returning from the United States Military Service shall be in accordance with applicable acts of Congress Uniformed Service Employee Re-employment Right Act

(USERRA).

ARTICLE 19

GRIEVANCE PROCEDURE

Section 19.0 For the purpose of this Agreement, the term "Grievance' means any dispute between the Company and the Union, concerning the meaning, interpretation or application of the provisions of the Agreement.

Section 19.1 The Company recognizes the right of the Union to designate a Union Steward and alternate from the Company's seniority list. Grievances shall be settled in accordance with the following procedure, to include the use of a Grievance Acknowledgment Form:

Step 1. An employee with a grievance shall first take it up with his supervisor. The first step must be taken within five (5) business days after the alleged violation(s) from which the grievance arises. The employee may request the Union Steward, or his alternate, to be present when his grievance is presented to the Supervisor.

Step 2. If the supervisor does not settle the grievance to the satisfaction of the employee, the Union Steward can present the grievance in writing, signed by the employee and by the Union Steward, to the Project Manager of the Company. This second step must be taken within five (5) business days following the answer to step 1.

Step 3. If not settled in either of the preceding steps, the grievance may be processed to this Step 3 by the Union Steward by notice to the Project Manager within five (5) business days following the answer in Step 2. The grievance will be discussed in this Step 3 between the Project Manager, the Union Steward, and Union Business Agent at a meeting held on a day and time selected by mutual agreement. In cases involving the discharge of an employee, the Company and the Union agree to waive Step 1 and Step 2 of the procedure and proceed to Step 4.

Step 4. If not settled in either of the preceding steps, the grievance may be processed to this Step 4 by the Union Representative by notice to Company’s Corporate Human Resources Manager within five (5) business days following the answer in Step 3. The grievance will be discussed via telephone between the Union Representative and the Company’s Corporate Human Resources Manager.

Step 5. If not settled in preceding steps, the Union may process the grievance to arbitration by giving the Human Resources Manager notice of its intent within ten (10) business days following the conclusion of the processing required by Step 4. All grievance settlements shall be reduced to writing and signed by the Company and employee with a copy to the Union Steward.

Grievances not processed within the above specified time limits shall be considered withdrawn. It is understood and agreed the parties may extend any such time limits by mutual written agreement, signed by both parties.

Section 19.2 It is agreed that the Company and Union will make every effort to keep to a minimum the actual time spent in disposing of grievances. When a Union Steward is required to leave a contract work area for the purpose of investigating, presenting or adjusting grievances, he will obtain the permission of his immediate supervisor before leaving and will report to him upon his return.

Section 19.3 In the event the Union or the Company processes a grievance to arbitration, an impartial arbitrator shall be selected according to and shall be governed by the following procedure: Within ten (10) business days from the date the grievance is denied at the 4th step, either party may submit the grievance to the Federal Mediation and Conciliation Service for proceedings in accordance with the rules of the Association. The grievance shall be presented to the Arbitrator and his decision shall be final and binding upon the parties hereto and employees covered by this Agreement. It is understood and agreed that the Arbitrator shall have jurisdiction and authority only to interpret, apply or to determine compliance with the provisions of this Agreement, including the right to award back pay, seniority rights and the like as a remedy whenever he deems such relief appropriate, but the Arbitrator shall have no power to add to, detract from or alter in any way the provisions of this Agreement.

Section 19.4 The cost of arbitration including the hearing room and court reporter if required shall be split between the parties. All other expenses shall be covered by the party incurring them. Neither party shall be responsible for the cost of witnesses called by the other party. Local 769 will provide the Company the Rules and Regulations for the Southern Region Grievance Committee (SRGC) The SRGC is comprised of an impartial panel of regional Employers and Union representatives that hear a grievance and render a binding decision. The Company will review the rules and regulations of the SRGC and consider the panel review process as an option for conflict resolution.

Section 19.5 The Union's Business Manager shall have the right, upon proper written request, to examine time sheets and other records pertaining to the computation of compensation of any individual(s) whose pay is in dispute by a grievance procedure.

ARTICLE 20

DISCIPLINE AND DISCHARGE

Section 20.0 The Company retains the management right to discipline an employee for just cause.

Section 20.1 Generally, the Company agrees to follow progressive disciplinary steps where appropriate;

however, in the case of egregious offenses, such steps may be omitted. Before disciplinary discharge of an employee is made final, the employee and his Union representative will be advised of the charges against the employee. The employee and his Union representative will be given the full opportunity to promptly present any defense to such charges. An employee may be temporarily suspended without pay from work pending the completion of the investigation. If upon completion of the investigation it is determined that discharge penalty should be imposed, the employee will not be paid for any time lost from regular work during such suspension.

Section 20.2 The Company will make discipline effective without delay and by written notice to the employee with a copy promptly furnished to the authorized Union Steward and with a certified copy to be received within five (5) calendar days at the office of the employee's union. If the employee or the Union feels that the action is not justified, claim for unjust discipline may be made and appealed in the manner proposed in the grievance and arbitration articles of this collective bargaining agreement.

Section 20.3 An employee proven to have been suspended from work or discharged without just cause will be returned to his former position and granted such other relief as may be agreed upon by the employee’s Unions and the Company or determined by an arbitrator in an arbitration procedure under this collective bargaining agreement.

Section 20.4 Dishonesty, or drinking or being under the influence of alcoholic beverages or drugs while on duty, or drinking of alcoholic beverages on Company property, or the transportation of unauthorized personnel in Company operated vehicles shall be cause for immediate dismissal.

Section 20.5 The Company will furnish to each employee and to the Union, a copy of the revised PMI Employee Handbook. The Company considers that none of the provisions are in conflict with any of the provisions of this

Agreement and that such Rules are reasonable and necessary for a safe, effective and efficient operation. The Company reserves the right to amend the PMI Employee Handbook in the future upon the Company's determination that such amendments are reasonable and necessary for the safe, effective and efficient operation of the Company's government contract, but no such amendment may be contrary to any of the terms or provisions of this Agreement. The contracting Union reserves the right to protest through the Grievance and Arbitration Procedure in the Agreement the reasonableness, the interpretation or the application of the PMI Employee Handbook. By executing this Agreement, the contracting Union does not waive its right to contend that a provision in such revised PMI Employee Handbook, or any amendment there to, is contrary to this Agreement, that it is unreasonable, that the Company has improperly interpreted such provision or that the Company has applied such provision in an arbitrary or unreasonable manner. In no case shall imposition of penalty provided in a written Company rule be deemed arbitrary or capricious.

ARTICLE 21

SENIORITY

Section 21.0 Seniority shall be accrued from the date of employment. All employees hired from the date of this agreement, will work on a ninety (90) calendar day probationary period. After their ninety (90) day probationary period their seniority date will be the employee's date of hire.

a) The seniority list shall be updated December 1st of each year, and posted on January 1st of each year.

Employees shall have thirty (30) days after posting to advise the Employer of proposed corrections required thereon. Errors are to be given to the Company in writing and the error to be amended on the current list and the final correction to be entered on subsequent lists.

b) Disputes as to seniority listing may be processed under the Grievance Procedure.

The Union Steward and Union Business Agent shall each be given a copy of the current seniority lists at least twice a year. Union Stewards and Union Business Agent will be notified of any changes on the seniority list as soon as possible. The Union Steward (upon availability) shall be allowed twenty (20) minutes with new hires to speak with them about becoming union members.

Section 21.1 The employee shall lose his seniority and have his employment terminated under the following conditions:

a) He quits or resigns.

b) He is discharged for just cause.

c) He does not return to work within fourteen (14) days after the date of receipt of certified notice recalling him from layoff.

d) He fails to return to work at the end of an authorized leave-of-absence.

e) Is on a layoff status for eighteen (18) months.

f) Job abandonment.

Section 21.2 If employees have the same date of hire, their position on the Seniority List shall be established by the lowest payroll identification number.

Section 21.3 When in the opinion of management, it becomes necessary to adjust the working force, management shall notify the Local Union of its decision to effectuate such an adjustment. A force adjustment may be affected by downgrading, transferring, part-timing, or laying off an employee. Employees who have completed their probationary period may exercise their seniority when a force adjustment (layoff) has been initiated.

For purposes of lay-off, those employees on the full-time seniority list shall be considered to have seniority over those employees on the part-time list. Accordingly, full-time employees may displace part-time employees regardless of their relative years of seniority.

Employees affected by a force adjustment may be entitled to displace a junior employee within the affected department and affected job classification.

ARTICLE 22

UNIFORMS AND EQUIPMENT

Section 22.0 The Company will furnish all employees whose type of work requires it according to the government contract, certain items of safety and protective clothing, such as safety gloves, (i.e., LOX and liquid nitrogen), rubber boots, including uniforms consisting of five (5) shirts for full-time employees and three (3) shirts for part-time employees. Uniforms will be replaced by the employer as needed. Protective rain gear shall be available to all employees as per TAB and shift requirements. All uniform clothing must be returned upon voluntary resignation or discharge prior to receiving final check. When issued company owned uniforms, the employee will sign a statement of receipt along with the agreement that if the uniforms are abused by the employee to the extent they need replacing, the replace will be at the employee's expense. These uniforms are to be furnished by the Company and laundered by the employee. The Company will replace shirts that are soiled excessively due to working conditions. The Company will also provide safety and protective equipment as required by OSHA to protect the safety and health of the employee.

Section 22.1 The Company will reimburse employees up to a maximum of $75.00 per year for the purchase of safety shoes when required in the performance of their job. Requests for reimbursement must be accompanied by a purchase receipt. Items purchased must conform to the appearance and safety requirements of the contract and the Company.

Section 22.2 The Company may provide equipment and tools sufficient to facilitate the work of the Company.

The employee should report any incident of irreparable damage to existing tools, and submit a tool requisition requests for any additional equipment as needed. Equipment requisition requests are subject to management approval.

ARTICLE 23

SUB-CONTRACTING

Section 23.0 It will be Company policy to avoid, whenever practicable, placing work with outside contractors when to do so would result in the layoff of employees on the active payroll, or would result in the failure to call employees already on layoff status and having recall rights.

ARTICLE 24

TRAINING PROGRAMS

Section 24.0 Whenever it is practicable to do so, when the employer acquires new equipment for which special training is needed, it is agreed that present employees in the bargaining unit shall be afforded the opportunity to be “on-the-job” trained and qualified to operate such equipment before a new employee is hired to operate such equipment. Company supervisors or foremen may operate all equipment and facilities when training employees in order to secure maximum safety in operating procedures. If there is special certification work that cannot be accomplished by “on-the-job” training, the Company has the right to hire outside the bargaining unit.

Section 24.1 The Company will attempt to provide quantifiable and measurable cross-training. These employee development opportunities are intended enhance the employee's abilities, self-image, and value to the Company.

Such cross-training opportunities shall be offered to any employee who indicates a desire to be cross-trained in writing, if in the opinion of management that said training would be both necessary and beneficial to satisfy the needs of the Company or contract requirements.

ARTICLE 25

EXAMINATION AND IDENTIFICATION FEES

Section 25.0 The employee will comply with required issue/administration of all badges, physical, mental, drug testing or other examinations required by a government body or the Company. The Company shall pay for all such examinations and any background checks. All drug testing and examinations will be scheduled and conducted during the course of the work shift and considered as work time. Drug test results from an approved laboratory will be accepted by the Company and the Union. Employees subject to drug or alcohol testing will be escorted by management. Employee will also be able to consult with a union steward (if available).

Section 25.1 The Company reserves the right to select its own medical examiner or physician, and the employee may, if he believes an injustice has been done, be re-examined at the employee's expense. In the event of disagreement between the doctor selected by the Company and the doctor selected by the employee, the Company and Union shall together select a third doctor within ten (10) days, whose opinion shall be final.

Section 25.2

1. Urine Testing: In testing urine samples, the testing laboratory shall test specifically for those drugs and classes of drugs and adulterants employing the test methodologies and cutoff levels covered in the DOT Regulations 49 CFR, Part 40.

2. Specimen Retention: All specimens deemed positive, adulterated, substituted, or invalid by the laboratory, according to the prescribed guidelines, must be retained at the laboratory for a period of one (1) year.

3. Split Sample Procedure: The split sample procedure is required for all employees selected for urine drug testing. When any test kit is received by the laboratory, the "primary" sealed urine specimen bottle shall be immediately removed for testing, and the remaining "split" sealed specimen bottle shall be placed in secured storage. Such specimen shall be placed in refrigerated storage if it is to be tested outside of the DOT mandated period time. The employee will be given a shrink-wrapped or similarly protected urine collection kit. After receiving the specimen, the collector shall pour at least 30 ml or urine into the specimen bottle and at least 15 ml into the second split specimen bottle. Both bottles shall be sealed in the employee's presence, initialed by the employee, then forwarded to an accredited laboratory for testing. If the employee is advised by the MRO that the first (ft) urine sample tested positive, adulterated, or substituted, in a random, return to duty, follow-up, probable suspicion or post-accident urine drug test, the employee may, within seventy-two (72) hours of receipt of the actual notice, request from the MRO that the second (2nd) urine specimen be forwarded by the first laboratory to another independent and unrelated accredited laboratory of the parities' choice for GC/MC confirmatory testing for the presence of the drug, or other confirmatory testing for adulterants, or to confirm that the specimen has been substituted as defined in 49 CFR Part 40. If the employee chooses to have the second (2nd) sample analyzed he/she shall at that time execute a special check-off authorization form to ensure payment by the employee. Split specimen testing will conform to the regulations as defined in 49 CFR Part 40. If the employee chooses the optional split sample procedure, and so notifies his Employer, disciplinary action can only take place after the MRO reports a position, adulterated, or substituted result on the primary test and the MRO reports that the testing of the split specimen confirmed the result. However, the employee may be taken out of service once the MRO reports a positive, adulterated, or substituted result based on the testing of the primary specimen while the testing of the split specimen is being performed. If the second (2nd) test confirms the findings of the first laboratory, the employee shall reimburse the Employer for the cost of the second (2nd) sample's analysis. If the second (2nd) laboratory report is negative for drugs, adulterants, or substitution, the employee will be reimbursed for the cost of the second (20) test and for all lost time.

It is also understood that if an employee opts for the split sample procedure, contractual time limits on disciplinary actions in the Agreement are waived.

4. Laboratory Accreditation: All laboratories used to perform urine drug testing pursuant to this Agreement must be certified by Health and Human Services under the National Laboratory Certification Program (NLCP).

ARTICLE 26

WAGES AND CLASSIFICATIONS

Section 26.0 The classifications and rates of pay applicable to each job classification are set forth in Wage Schedule "A".

Section 26.1 When an employee works in a higher rated classification than regularly assigned, he shall receive the higher rate of pay for the period of time he actually performs such work. When an employee works in a lower rated classification than regularly assigned, he shall receive his regular rate of pay for all such lower rated work performed. Any employee bumped into a lower classification rate will be paid at that lower rate.

Section 26.2 Lead Pay. Employees serving in Lead positions, as approved by the Company, shall receive an additional $1.50 per hour, as reflected in Appendix A. In recognition for this differential the Union and those employees serving in a Lead position recognize that the duties include performing some administrative duties.

Administrative duties include assigning duties, recording of time and attendance, but do not include any responsibilities associated with disciplinary action procedures.

ARTICLE 27

COMPENSATION CLAIMS

Section 27.0 The Company agrees to promptly file appropriate paperwork regarding on-the-job injury claims, when such claims are due and owing as required by law. The Employer shall provide Workmen's Compensation protection for all employees. An employee who is injured on the job and is sent home or to a hospital, or must obtain medical attention, as requested by the Company, shall receive pay at the applicable hourly rate for the balance of his regular shift on that day, if it is determined by the doctor that the employee is unable to return.

ARTICLE 28

HEALTH AND WELFARE

Section 28.0 The current health and welfare rate is noted in Addendum B. The Health & Welfare is paid to the employee in cash, unless Federal law dictates otherwise. Employees must have proof of approved medical insurance in order for the employee to waive medical coverage. Approved medical coverage is another group medical insurance plan to include a spouse’s medical insurance plan. Medical insurance cost will be paid from the Health and Welfare amount before the employee is allowed to be paid cash.

Section 28.1 Health and Welfare Calculation. The health and welfare premium is computed based on the current health and welfare rate, multiplied by the number of hours paid in the pay period, including vacation, paid leave and holidays, up to forty (40) hours per week. Overtime hours are not included in the calculation of health and welfare premiums.

ARTICLE 29

401(k) MATCH

Section 29.0 PMI has established a 401(k) Plan to encourage and assist eligible employees in savings for retirement. Employees who satisfy certain eligibility requirements may participate in this benefit plan.

PMI's official plan document governs the terms and conditions of retirement benefits. PMI will match fifty cents (.50) per dollar of voluntary contributions up to 3% of base earnings. Base earnings is defined as the employee’s base rate of pay x the hours worked. It does not include shift differential, overtime or Health & Welfare.

Section 29.1 The contribution to the employee accounts will be made by the company on a quarterly basis.

ARTICLE 30

401(K)

Section 30.0 The employer agrees to contribute the amount listed in Addendum C for all employees. This amount is paid on all hour paid-up to 40 hours per week.

ARTICLE 31

DEFECTIVE EQUIPMENT AND DANGEROUS CONDITIONS OF WORK

Section 31.0 The Company shall not require employees to operate any vehicle that is not in safe operating condition or equipped with the safety appliances prescribed by law. It shall not be a violation of this Agreement where employees refuse to operate such equipment unless such refusal is unjustified.

Section 31.1 Under no circumstances will an employee be required or assigned to engage in any activity involving dangerous conditions of work or danger to person or property or in violation of a government regulation relating to safety of person or equipment. The term "dangerous conditions of work" does not relate to the type of cargo which is hauled or handled. Any employee involved in any accident shall immediately report said accident and any physical injury sustained, when required by his Employer, and is subject to drug testing. The employee shall make out an accident report in writing on forms furnished by the Company and shall turn in all available names and addresses of witnesses to the accident. Employees shall immediately, report all defects of equipment. Such reports shall be made on the suitable form furnished by the government.

Section 31.2 If an unsafe working or operating condition is not resolved, and receives no consideration from the Company, the employee shall take the matter up with the officer of the Union, who will take the matter up with the Company.

ARTICLE 32

NO STRIKE NO LOCKOUT

Section 32.0 The Union and its officials agree that during the life of this Agreement it shall not cause and shall not authorize nor sanction nor assist its members to take part in any strike, walkout, sit-down, work stoppage, slowdown, or any curtailment of work or restriction of production or interference with production.

Section 32.1 The Company agrees that during the life of this Agreement, it will not lockout the employees.

Section 32.2 The Company shall have the authority to properly discipline, including discharge, in the event the Union Steward or any employee has taken or participated in unauthorized strike action, slowdown or work stoppage in violation of the Agreement.

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