Attachment 14 Collective Bargaining Agreement (CBA).pdf

REGISTER OF WAGE DETERMINATION UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT |EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary | WAGE AND HOUR DIVISION of Labor | WASHINGTON D.C. 20210

| Wage Determination No.: CBA-2017-10841

Diane Koplewski Division of | Revision No.: 1

Director Wage Determinations| Date Of Last Revision: 11/30/2020

State: Georgia

Area: Cobb

Employed on DEPT OF DEFENSE contract for Base Operating Support Services.

Collective Bargaining Agreement between contractor: Pegasus Support Services, LLC, and union: International Association of Machinists and Aerospace Workers AF Local , effective 10/01/2020 through 09/30/2023.

In accordance with Section 2(a) and 4(c) of the Service Contract Act, as amended, employees employed by the contractor(s) in performing services covered by the

Collective Bargaining Agreement(s) are to be paid wage rates and fringe benefits set forth in the current collective bargaining agreement and modified extension agreement(s).

FA670323R0001

Attachment 14

30 November 2020

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

PEGASUS SUPPORT SERVICES, LLC and its assigns

AND

INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS

AFL-CIO DISTRICT LODGE 131 and it LOCAL LODGE 611

MARIETTA, GA

Effective October 1, 2020

TABLE OF CONTENTS

Preamble 1 Article 1 Recognition 2 Article 2 Management Rights 4 Article 3 Union Security and Rights of Employees 6 Article 4 Seniority 8 Article 5 Leaves of Absence 13 Article 6 Union Representation 15 Article 7 Grievance Procedure 16 Article 8 Arbitration 18 Article 9 Strikes and Lockouts 19 Article 10 Hours of Work 20 Article 11 Overtime 22 Article 12 Holidays 22 Article 13 Bulletin Boards 24 Article 14 Vacation 25 Article 15 General Provisions 26 Article 16 Waivers 27 Article 17 Wages 27 Article 18 Bargaining Unit Work 28 Article 19 Travel and Transportation 29 Article 20 New Classifications 29 Article 21 Health and Welfare Benefits 30 Article 22 Retirement 31 Article 23 National IAM Pension 32 Article 24 Sick Time 33 Article 25 Duration 33 Appendix A Wages 35

PREAMBLE

This Agreement, effective October 1, 2020 by and between Pegasus Support Services, LLC of Woodstock, Georgia, and its assigns, hereinafter referred to as the Company, and the INTERNATIONAL

ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO, DISTRICT LODGE

131 and its LOCAL LODGE NO. 611 hereinafter referred to as the Union, their successors and assigns.

The intent and purpose of this Agreement is to provide for wages, benefits, terms and conditions of employment for employees in the bargaining unit, and to ensure sound and mutually beneficial industrial and economic relationships between the parties.

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 term “employee” or “employees” as used in this Agreement (except where the context clearly indicates otherwise) shall mean an employee or employees of the Company within the bargaining unit described in the Recognition Article of this Agreement. Any terms denoting the masculine gender such as “he” or “his” as used in this Agreement shall refer both to male and female employees of the Company.

ARTICLE 1 - RECOGNITION

1.01

Section 1. Pursuant to and in accordance with all Federal, State, Local, Service Contract Act Provisions, and Air Force Regulations, the Company recognizes the Union as the sole exclusive collective bargaining representative for the purpose of collective bargaining with respect to rates of pay, wages, hours of employment, and other terms and conditions of employment.

Section 2. The bargaining unit shall consist of hourly full-time, part-time, and temporary employees, employed at Dobbins Air Reserve Base, and exclude all management, confidential administrative assistants, management confidential purchasing agents supervisors, and management employees.

Bargaining unit work will be performed only by bargaining unit members with the exception of emergencies (ie. when no bargaining unit members are available) or training.

Section 3. Employee Definitions

1. Regular Employee: A “regular employee” is a person who has completed the ninety (90) day probationary period, has been accepted by the Company for employment.

2. Regular Full-time Employee: A “regular full-time employee” is an employee who has completed their ninety (90) day probationary period, whose normal assignment of work is in an established position requiring a regular schedule, typically of forty (40) hours per week, on a regular recurring basis throughout the year.

3. Regular Part-time > = 30: A “part-time >=30” employee is an employee who has completed the ninety (90) day probationary period, whose normal assignment of work in an established position requiring a regular schedule, typically of at least thirty (30) hours per week, on a regular recurring basis throughout the year.

4. Regular Part-time <30: A “part-time <30” employee is an employee who has completed the ninety (90) day probationary period, whose normal assignment of work is in an established position requiring a regular schedule, typically of less than thirty (30) hours per week on a regular recurring basis throughout the year.

5. Temporary Employee (season / on-call): A temporary employee is an employee whose employment is obtained for a limited duration or season, such as in performing lawn maintenance and or snow plowing. This classification excludes those individuals supplied under contract by an outside vendor. Generally, a temporary employees’ term is at least ninety (90) days in duration, and with the exception of seasonal grass maintenance employees, not to exceed one-hundred and eighty (180) days unless mutually agreed upon by the Company and the Union.

a. Seasonal / Temporary – Grass Maintenance: A seasonal grass maintenance employee is an employee who is hired for the grass cutting season, typically April – October.

Generally, this employee will be assigned a defined / regular schedule for a finite period.

b. On-Call / Temporary – Snow Removal Workers: A temporary, on-call snow removal worker is an employee who is hired to work on an “as needed”/ on-call basis only, which is intended to be infrequent or irregular in nature.

c. Temporary Employees – (seasonal /on-call): Temporary Employees (seasonal /on-call) who work beyond a ninety (90) day period will be subject to union dues, however, are not subject to other benefits of the Collective Bargaining Agreement except as specified in Section 4 below.

Nothing above is intended to construe a guaranteed number of hours of work per day or per week.

Section 4. When an employee filling a job classification that is considered temporary / seasonal by the Company continues to be employed and work for more than ninety (90) days continuously, the employees will then, following the completion of ninety (90) days of continued employment, become eligible for benefit entitlements under the Agreement on a pro rata basis (as would be calculated for part-time employees) for his anniversary year (or for the contract year for such benefits calculated in that manner).

Benefit entitlement will be limited to vacation, holidays, bereavement, and health insurance, and pension.

However, should the employee experience a break in service, or does not return to work for the Company for seasonal work (that has been contiguous) when called by the Company, then the benefit entitlements revert back to temporary status designation.

1.02 BARGAINING UNIT

The bargaining unit is defined as full-time and regular part-time employees working for the Company, its successors and /or assigns at Dobbins Air Reserve Base as certified by the National Labor Relations Board in case# 10-RC-15679. The bargaining unit includes : Production Control Clerk, Planner Estimator, Motor Vehicle Mechanic, Motor Vehicle Mechanic Helper, Tractor Operator, Aircraft Servicer, Carpenter, Fuel Distribution System Mechanic, General Maintenance Worker, Pipe Fitter (O&M Lead), Travel Clerk II, Automotive Worker, Warehouse Specialists, Air Traffic Control, Specialists Station, Motor Vehicle, (Dispatcher, Mechanic), Laborer, Grounds Maintenance, Stock Clerk, Aircraft Servicer (lead), Electrician, Fuel Distribution System Operator, HVAC Mechanic, Plumber, Supply Technician, Material Coordinator, Electronic Technician, General Maintenance, General Maintenance Laborer, Maintenance Electrician, Fuel Distribution System Operator, Liquid Fuel Maintenance, Accountant Clerk II, Maintenance Carpenter, Electronics Tech III, Working Lead Man, Lead Electrician, Computer Operator III, Aircraft Arresting System Mechanic, and Aircraft Arresting Mechanic Lead, and all full-time and regular leads, including any new or revised classifications that may be negotiated or created under the terms of this Agreement, including any classifications listed in Appendix A not referenced in this section. Those classifications of employees generally excluded by the National Labor Relations Board, including office clerical, professional employees, managerial employees, supervisors and guards shall not be recognized as belonging to the Bargaining Unit.

1.03 JOB CLASSIFICATIONS

Job Classifications covered by this Agreement will be those as found in the Service Contract Directory of Occupations, the Davis Bacon Wage Decisions, and specifically named in Appendix A of this document.

1.04 JOB DESCRIPTIONS

Job descriptions will follow those as found under the Department of Labor for the Service Contract Act, except for those positions which are not described in the Dictionary of Occupational Titles. The Job Descriptions for the Job Classifications listed in Appendix A as defined by the Dictionary of Occupational Titles under the Service Contract Act will remain in effect with no changes in the material content of the Job Descriptions unless changed by the Dictionary of Occupational Titles. A job description of the jobs not defined in the Dictionary of Occupational Titles will be mutually agreed upon between the Company and the Union and established as a memorandum of understanding within 120 days of the signing of this Agreement. The Company reserves the right to determine the minimum job requirements to meet the job description in terms of hiring and assigning of duties consistent with definition established in Article 4.02. The material content of a job description does not preclude the Company of assigning tasks to bargaining unit members on a recurring or non-recurring basis provided the member is trained and qualified to complete the task.

1.05 NO EFFECT ON PERSONNEL IN CLASSIFICATIONS

Any changes to the material content of the current existing job descriptions shall have no adverse effect on personnel currently holding any classifications to which changes in the job descriptions may apply.

Any changes in qualifications, experience, or job descriptions shall not be used to discipline employees currently holding said classifications. A demotion or transfer may occur if the Government redefines the current job classification beyond the ability of the employee to meet the classification.

ARTICLE 2 – MANAGEMENT RIGHTS

2.01 DECISIONS VESTED IN COMPANY

RIGHTS & FUNCTIONS OF MANAGEMENT: Except as abridged elsewhere in this agreement, management’s rights include, without limitation, the following: to direct, control, and schedule its operations and work force; to make all decisions affecting the business; to hire, terminate, promote, lay off, assign, classify, evaluate transfer, suspend, discharge and discipline employees for just cause; to select the number assigned to any particular work; to determine the starting and quitting times and the number of hours per day and the shift to be worked; to establish, modify, and enforce reasonable rules and regulations that are not in direct conflict with the express provisions of the Agreement; to select and hire employees; to introduce new, improved, or different methods of operations which may cause a reduction in the work force; to establish, change or combine job classifications; to determine job qualification; to establish committees, and working groups in support of the Company’s safety and total quality management objectives; provided such committees, or working groups may not function in a representative capacity or deal with matters involving wages, hours, or working conditions.

2.02 RULES AND REGULATIONS

The Company shall enforce fair rules and regulations. The Company agrees that the provisions of this Agreement and conditions of employment shall be applied in a fair and equitable manner. The Union and employees shall be notified in writing fifteen (15) days prior to the institution of new rules and regulations or changes in existing rules and regulations. Employees may only be disciplined for just cause. An employee shall have the right to protest through the grievance procedure the extent of any penalty levied against any employee for any alleged violation of such rules and regulations. The Union reserves the right to file grievances on behalf of represented employees of the bargaining unit.

The Company reserves the right to determine whether employees meet job qualifications consistent with said definitions established under 4.02 of this Agreement. Management will furnish the Union with a current list of job qualifications as defined by contract requirements.

A copy of the Company Employee Handbook will be provided to the Union for use by the Union.

2.03 NO DISCRIMINATION

There shall be no discrimination in regard to tenure, terms, or conditions of employment because of race, creed, color, sex, marital status, age, religion, national origin, ancestry, military veteran status, handicap status, union activity, or disability regardless of the number of employees in the bargaining unit who are employed by the Company.

2.04 CHANGE IN LOCATION OF OPERATIONS

The Company shall notify the Union of any changes in the specific work location of its employees expected to exceed ten duty days within one work day of receiving Government notification of location change. The Company and the Union shall meet to negotiate the effects of any such changes.

2.05 DISCIPLINE

A) Disciplinary action shall only be initiated by the Company for just and sufficient cause. The principles of progressive discipline shall be adhered to, as set forth below.

B) With the exception of suspensions, there shall be a nine (9) month reckoning period for any disciplinary action taken, after which all reference to the matter shall be removed from the employee’s record, provided the employee has not committed any infraction of the same rule for which they were disciplined during the reckoning period. Suspensions will remain in the employee’s record for twelve (12) months at which time removal will be made under the same conditions as stated for other disciplinary actions.

C) For infractions of Company rules, the following four (4) step procedure will usually be followed:

1) Documented oral counseling

2) Written reprimand

3) Suspension

4) Discharge At the final step of the procedure, the Company may elect to enforce another suspension rather than a discharge without prejudice to any other case.

D) Employee(s) shall have the right to Union representation during any interview that may be disciplinary in nature or lead to any discipline. Employee(s) shall be notified of these rights prior to any such interview taking place. The Steward shall be notified and be given the opportunity to attend such interviews.

E) All written discipline given to employees must be signed by the employee with a Union steward present when requested by the employee. A refusal to sign the disciplinary notice shall be so noted. Employees who refuse Union representation shall certify in writing their waiver of rights to such representation.

F) The Company shall have the right to begin disciplinary proceedings at any of the four steps, or to discharge an employee immediately for such egregious infractions including but not limited to:

1. Dishonesty

2. Falsification of timekeeping records

3. Theft or inappropriate removal or possession of property

4. Insubordination or other disrespectful conduct

5. Intoxication or impairment

6. Drugs, including prescribed medication that intoxicates and/or impairs the employee’s performance or creates a safety hazard

7. Possession, distribution, sale, transfer, or use of alcohol or illegal drugs in the workplace

8. Fighting or threatening violence in the workplace

9. Unauthorized disclosure of business “secrets” or confidential information

10. Negligence or improper conduct leading to damage of company-owned or customer-owned property

11. Workplace harassment of any type

12. Unauthorized use of telephones, computers, or other company-owned or customer-owned equipment

2.06 DRUG-FREE AND ALCOHOL-FREE WORKPLACE

The Company and the Union are committed to providing employees with a drug-free and alcohol-free workplace. It is our goal to protect the health and safety of our employees and to promote a productive workplace, and protect the reputation of the Company, Union and employees. The Company’s Drug Free Workplace policy is outlined in the Pegasus Support Services, LLC Company Handbook and in the handbooks of their assigns.

2.07 VIOLATION OF POLICY

The Company considers any violation of drug use, possession, distribution, or sale of drugs, drug paraphernalia a serious matter that may result in the immediate termination of the employee. The Company also considers any violation of alcohol use, including reporting to work under the influence, on Company premises a serious issue that may warrant immediate termination of the employee.

2.08 NOTIFICATIONS OF MEDICINES USE

Employees being drug tested shall be permitted to complete a medical / patient over-the-counter and prescription medicine form to inform the laboratory personnel of possible false positive sources prior to providing a sample.

ARTICLE 3 – UNION SECURITY AND RIGHTS OF EMPLOYEES

3.01 CHECK-OFF

During the existence of this Agreement, the Company, insofar as permitted by State and Federal Law, shall deduct out of the current net earnings payable to an employee covered by this Agreement, applicable Union dues or agency service fees, initiation fees and reinstatement fees, upon receipt of and in accordance with a deduction authorization, duly executed by the employee, on a document provided by the Union and shall continue deductions until such authorization is duly revoked by the employee.

Failure to authorize union dues or applicable service fees deductions does not relieve employees from the Union agency shop obligation under this Article. As provided in the authorization form, it shall contain at a minimum the name, signature, and social security number of the employee executing the form.

3.02 DEDUCTIONS

Deductions from money due the employee pursuant to this Article shall be made from the net earnings due the employee and shall be payable on each regular payday. Such payroll deductions shall be made by the Company beginning with the payroll period next commencing after receipt by the Company of the properly executed Union authorization forms.

3.03 INSUFFICIENT EARNINGS

In the event an employee does not have sufficient earnings on a regular payday to cover the amount of said deductions for that payday, the Company shall make such deduction from the earnings due the employee on the next regular payday.

3.04 REMITTANCE OF DUES

Deductions shall be remitted to the Financial Secretary of District Lodge No. 131 at the address provided by the Union, currently 500 Cordele Rd., Albany, GA 31705 not later than fifteen (15) days following pay day.

3.05 WHEN DUES ARE NOT DEDUCTED

Should an employee be promoted or transferred to a 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 to the Financial Secretary of District Lodge No. 131 the names of all such employees who have been promoted or transferred.

3.06 AGENCY SHOP

As provided herein, all employees in the bargaining unit now or hereafter employed in the classifications and work covered by this Agreement, and as it may have been supplemented or amended, shall as a condition of continued employment in such work become and remain members in good standing in the Union or pay applicable service fees sixty (60) days following the beginning of such employment or the effective date of this Agreement, whichever is later. Each employee shall receive a notice (from the Union) of their obligations under the Union agency shop provisions of this Article and shall sign for the receipt of such notice.

3.07 DISCHARGE FOR FAILURE TO PAY UNION DUES

The Company will within ten (10) working days after receipt of notice from the Union, discharge any employee who is not in good standing in the Union or paying the applicable agency service fees, initiation fees and reinstatement fees, as required by Section 3.06. Any employee so discharged shall be deemed to be discharged for “just cause”. “Good Standing” is defined as in compliance with standards permitted by NLRB and court decisions relating to Union agency shop requirements.

The Union will indemnify and hold the Company harmless against any and all claims, liabilities, demands, lawsuits, or other forms of liability and demands made against the Company on account of any action taken by the Company in conjunction with this Article.

ARTICLE 4 – SENIORITY

4.01 SENIORITY DEFINED

For the purposes of this Agreement, Seniority is defined as the employee’s total unbroken length of service with the Company and all previous contractors as defined under the Service Contract Act for those employees in the bargaining unit not in probationary status at the time this Agreement becomes effective or hereafter employed in the classifications and work covered by this Agreement, and as it may have been supplemented or amended.

An employee’s seniority date shall be the earliest date the employee began performing work for the Company and all previous contractors, except when seniority has been broken (as defined in Section 4.05), in which event his seniority shall be computed from the last period of rehire and shall be computed from the first day he began performing work for the Company after rehire.

Employees in a lay off status continue to accumulate seniority. An employee’s relative ranking for purposes of seniority shall be as follows: An employee having an earlier seniority date shall be more senior than an employee with a later seniority date. The relative seniority of employees who have the same seniority date shall be determined in accordance with the last four digits of each employee’s social security number. In such cases, the employee(s) having the lowest number(s) shall be deemed to be the most senior; if the last four digits are identical, the next previous digit which is not identical shall be determinative.

The Company will give preference to seniority, qualifications, and performance among employees in the bargaining unit and in accordance with this Article. In applying the principles of seniority, each employee’s seniority date, qualifications, and performance shall be used to establish first right of acceptance or refusal. The first right of acceptance or refusal shall be given to the most senior qualified employee. If the most senior qualified employee chooses to refuse an opportunity, then the qualified employee with next lower relative seniority date will be given the same right of acceptance or refusal.

Each time the right of acceptance or refusal is exercised and a need still exists, the opportunity to exercise the right of acceptance or refusal shall be given to each next senior qualified employee in succession until the least senior qualified employee is given the opportunity to exercise the right of acceptance or refusal.

The principles of seniority shall be used in the determination of layoff / recall, shift changes, and TDY assignment with the right of first acceptance or refusal given to the most senior qualified employee(s) first. If there is no employee(s) volunteering to accept, then the least senior qualified employee(s) shall be assigned.

4.02 QUALIFICATIONS

“Qualified” or “qualifications” unless otherwise specified, shall mean the employee meets the minimum requirements of the job description and can perform the work involved, upon placement into the respective classification with limited indoctrination. The company reserves the final decision on determining the person(s) qualified to perform tasks based on completed training and demonstrated performance.

4.03 ACQUISITION OF SENIORITY

Employees who are employed by the Company at the time this Agreement becomes effective shall have their seniority date established in accordance with Section 4.01 of this Article if they have completed their probationary period of their initial hire. Current non-probationary employees shall not be subject to the ninety (90) day probationary period and shall retain and accrue all seniority as established by initial start date on the Government contract.

A new employee is an employee who was not employed by the Company or its predecessor contractor(s) prior to the effective date of this Agreement or any employee who is reemployed after a break in seniority, in accordance with Section 4.06 of this Agreement, subsequent to the effective date of this Agreement. Said new employees shall not acquire seniority under this Agreement until the expiration of a probationary period consisting of ninety (90) calendar days of continuous service following the day he begins performing work for the Company. If the employee is continued in the employ of the Company after the expiration of the ninety (90) day probationary period, he shall acquire seniority and his seniority shall be computed from the first day he began performing work for the Company in the bargaining unit set forth in this Agreement. Any separations of employment during said ninety (90) day probationary period shall not be made on the basis of a claim or grievance against the Company, and there shall be no obligation to re-employ such person; provided, however, that this provision shall not be used for the purpose of discrimination, as discrimination is defined in Article 2, Section 2.03 of this Agreement.

During their first ninety (90) days of employment, employees who are in a probationary status shall not compete for classification, location, or shift provided the mission of the installation is not negatively affected by limiting such bid.

4.04 REHIRE OF PROBATIONARY EMPLOYEE

In the event that a probationary employee is rehired within sixty (60) calendar days after being terminated as part of a layoff process during the employee’s probationary period, he shall receive credit for all previous service as a probationary employee.

4.05 BREAKING SENIORITY

An employee’s seniority shall be considered broken and all rights under this Agreement forfeited only when an employee:

• Is discharged for just cause

• Resigns

• Accepts employment in a position with the Company that is outside of the bargaining unit defined by this Agreement

• Retires

• Fails to comply with, in the case of a layoff, the reduction in force and recall provisions as set forth in this Agreement

• Fails or refuses to return to work within seven (7) calendar days after being recalled, unless a satisfactory reason and documentation (if such documentation exists or can be acquired) is provided to warrant leniency. Notification of recall for the purpose of this Section shall be made by certified mail or other documented and verifiable means addressed to the employee’s last known address as shown on the Company’s records. The employee shall keep the Company informed of his current address.

• Failure of regular full-time employees to be recalled from layoff within twelve (12) months after the date of such layoff.

• Failure of part-time / seasonal employees to be recalled from layoff within six (6) months after the date of such layoff.

4.06 REDUCTION IN FORCE

If a reduction in the number of employees should become necessary because of a lack of work or for other justifiable reasons, such reduction shall be on the basis of the least amount of seniority within the job classifications. A layoff is a layoff that is five (5) work days or forty (40) hours or more in duration.

There shall not normally be a layoff for less than five (5) work days or forty (40) hours. For the purpose of a layoff, employees in the bargaining unit shall be laid off in the following order:

a) Seniority employees who desire to be laid off shall be permitted to submit a written request to volunteer to be laid off. Said seniority employees shall be laid off first. If there is a conflict among those employees requesting layoff, seniority shall prevail and the employee(s) who is more senior shall have his request honored.

b) If there are no volunteers for layoff and seasonal or part-time employees, if any, have been displaced, then probationary employees in the affected classification shall be laid off next, and:

c) Seniority employee having the least seniority shall then be laid off.

d) Employee affected by a reduction in force in their affected classification will be notified in writing along with the Union not less than fifteen (15) calendar days’ notice prior to the effective date of the layoff if practicable, (i.e., government stop orders). The notice shall state the date the layoff will become effective and the expected date of return, if known. Employees who are affected by a layoff and are on a leave of absence at the time the layoff notice is due to be given shall be notified of the layoff by certified letter or other documented and verifiable means sent to their last known address as shown on the Company records. Employees who are laid off as a result of being displaced by a more senior employee under Section 4.07 are not subject to the fifteen (15) day notice provision but will receive two (2) work days’ notice or as soon as possible.

e) Non-probationary employees may displace a less senior employee in the next lower job classification, provided the employee is qualified to do that job by definition established under

4.02 of this Agreement. The displacing employee shall be paid at the rate of the job classification he moved into. The last step in the reduction in force shall be the layoff of the employee with the least seniority in the lowest job classification affected by the procedures as described above, or by any affected employee electing to accept the layoff from his current classification.

f) The affected employee(s) given notice of a reduction in force shall indicate their election to exercise the above displacement rights or accept the layoff within three (3) working days of the receipt of such notice. Failure to indicate to the Company the above election shall be considered an acceptance of layoff. No employee shall have the right to displace any employee in a higher job classification.

4.07 LAYOFF RECALL RIGHTS

Regular full-time employees in layoff status shall continue to accumulate and retain seniority for twelve

(12) months. Employees will be recalled in reverse order of layoff. The Company will send recall notices by certified mail to the employee’s last official address of record as provided by the employee at the time of the layoff or after a change of address. The employee recalled must respond within two (2) work days after receipt of notification and must report for work within seven (7) working days after receipt of the recall notice was received to accept employment. If employees laid off from a job classification decline to return to a particular classification, then the next employee in reverse order of layoff shall be offered recall.

An employee who refuses a recall to a job below the highest classification to which he has recall rights shall also lose recall rights to other positions at or below the refused classification level; however, the employee will retain recall rights to higher job classifications. Once an employee is offered the equal job classifications from which he was laid off, refusal to reinstate shall cause the employee to lose all recall rights and seniority ceases as of the date of refusal.

Notice by the Company to the last known address, as outlined above, shall be considered as fulfilling the recall notice requirements. An employee failing to comply with the provisions of this article shall be considered as having voluntarily resigned from the service of the Company.

4.08 CLASSIFICATION VACANCIES

Whenever a vacancy or job opening for a classification exists, other than as a result of layoff, the Company shall post a written notice of the vacancy on all Company bulletin boards in each work site for five (5) work days if the position is determined by the Company to be refilled. The written notice shall state the classification to be filled, the date the notice is posted, the date the position will be filled, and the job description for the classification. The position shall be filled from within the bargaining unit from the pool of qualified bidders. Any employee in the bargaining unit desiring to be considered for the vacancy shall submit a written request for the posted vacancy to the Project Manager prior to the end of the five

(5) day period. The vacancy will be filled by the most senior qualified employee(s) in the bargaining unit who has submitted a written request. All classification status changes will take place immediately upon acceptance.

a) The employer shall attempt to contact employees, in the presence of a union steward, who are away from work during the period of job postings due to vacation, leave of absence, or other approved leave.

b) An employee on layoff shall not be entitled to displace another employee from employment.

c) If the vacancy is not filled under Section 4.08, 4.08(a), or 4.08(b), it will be filled by new hires.

4.09 TRAINING

Whenever a need for training exists as determined by the Company, the Company will list the qualifications for training and will be the final decision maker as to whether an employee is qualified.

The Company will not advantage one employee over another through the delivery of training. All training costs will be paid by the Company for any new / additional requirements placed on employees by the Government customer (i.e. certifications, licensing, or any others that may apply) to continue performing work they have done in the past without such documentation. In the case of new technology, equipment and / or job duties where additional training is required, the Company will, at its discretion, provide additional training. In no case will the Company circumvent its established safety procedures.

4.10 NOTIFICATIONS OF CHANGE IN STATUS

The Company will notify employees of any impending change in their shift in writing not later than the mid-point of his shift on the last regular work day the week prior to such change taking effect. A copy of the change will be posted on Company bulletin boards at each work site during the week the changes are made. Due to mission requirements, notification requirements may be waived.

4.11 TRIAL PERIOD

An employee assigned to a job classification who fails to perform satisfactorily the requirements of the job classification will be returned to the status he held prior to his assignment, within a reasonable length of time, not to exceed thirty (30) days; however, upon mutual agreement between the parties, the thirty

(30) day period may be increased by an additional thirty (30) days. In such a case, the next senior qualified employee who submitted a request for the vacancy shall be selected to fill the opening.

4.12 TEMPORARY TRANSFERS

An employee who is temporarily transferred to a lower classification shall not suffer a reduction in pay.

An employee who is temporarily transferred to a higher classification shall be paid at the higher rate of pay for all hours worked in that higher classification. Under normal circumstances, temporary transfers shall not exceed thirty (30) days.

4.13 SENIORITY LISTS

The Company shall provide the Union with an updated seniority list each August for the Chief Steward or Business Representative. The seniority list shall accurately reflect the seniority of each employee and shall include those employees on a layoff status. When a change occurs, a new list will be provided to the Chief Steward. An updated seniority list will be given upon request by the Chief Steward for the investigation of a grievance against the Company.

4.14 ERRORS IN SENIORITY LISTING

Verified errors on the seniority list shall be corrected as soon as practicable.

4.15 SECURITY CLEARANCES AND / OR ACCESS PRIVILEGES

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

B) In the event that the U.S. Military Service or other Government Agency duly concerned with security regulations or operations on Government-managed property, advises the Company that any employee in the Union bargaining unit is restricted from access to Government-managed property, or restricted from work on or access to classified information and material, the Union agrees that such action as the Company may take pursuant to its contractual and / or security obligations to the Government will not be contested, nor will such action be a subject of the grievance procedure contained in Article 7 of this Agreement.

C) In the event that such Government Agency following the taking of such action advises the Company in writing that such an employee is no longer restricted from access to Government-managed property or restricted from work on or access to classified information and material, the Company shall promptly reinstate the employee with seniority, to the same job classification held at the time such action was taken, subject to the applicable seniority provisions of the Agreement, if he/she promptly applies for such reinstatement.

4.16 PART-TIME EMPLOYEES

Part-time and seasonal employees will be maintained on a seniority list of their own. Part-time employees will be given the first opportunity to fill full-time openings in classifications for which they qualify as determined by the Company. Part-time employees will earn seniority at 50% of the rate of full-time employees. Part-time employees shall not displace a regular full-time employee.

ARTICLE 5 – LEAVES OF ABSENCE

5.01 UNPAID LEAVES OF ABSENCE

a) TEMPORARY LEAVE FOR UNION BUSINESS Leaves of absence without pay may be granted by the Company on five (5) days written request of the Union to attend official Union business on behalf of the Union, but shall not exceed a total of three (3) employees. Additional employees may be released at the Company’s discretion.

Such leaves may not normally exceed five (5) work days. The Company or Union may waive the five (5) day notice when calls are of an emergency nature. It is the intention of the Union to honor and respect the requirements of the mission in requests for leaves of absence for such leaves. It is understood that such requests will not adversely affect the mission and employees in the local area are subject to recall based on mission requirements.

b) LEAVE FOR PERSONAL REASONS Leaves of absence without pay for relatively short periods up to ten (10) work days may be granted to employees for personal reasons and seniority shall accumulate during such leaves. The ten (10) work day limit may be extended by agreement of the Company at its sole discretion.

Such leave must be requested in writing and approved by the Project Manager. Said request must also state the reason for the unpaid leave. Employees must request such leave at least five (5) calendar days prior to the date the leave would commence, except in cases of emergency. In the event the Project Manager denies a leave request, he will clearly state the reason for such denial in writing to the employee. Employees may exercise their rights under the Family Medical Leave Act (if eligible per requirements of FMLA statute) in which case the ten (10) work day limit may be waived. Failure to return from leave of absence on the first scheduled work day following the expiration date of said leave without prior approval, may result in disciplinary action. Unless extraordinary circumstances are involved, no more than one employee from each shop or work unit can be on unpaid personal leave during any 5-day period.

c) WORKER’S COMPENSATION LEAVE Employees away from their jobs because of compensable injury or compensable disease shall be given leave of absence without pay and shall accrue seniority while on such leave.

d) APPLICATION FOR EXTENDED LEAVE Applications for an extended leave of absence for a period without pay of up to thirty (30) days may be granted to employees for personal reasons and seniority shall accumulate during such leaves. Under extenuating circumstances, periods up to one year may be approved by the Company upon request of the employee.

e) LISTING PROVIDED UNION At the end of each month, the Company shall furnish the Union a list of employees on unpaid leave of absence. This list shall include the date each leave commenced.

5.02 PAID LEAVES OF ABSENCE

a) BEREAVEMENT LEAVE Regular full-time employees shall be entitled to three (3) consecutive work days of bereavement pay during a period of bereavement leave that is due to the death of a member of his immediate family. A day of Bereavement pay shall be defined as eight (8) hours of pay for full-time employees. Bereavement leave of three (3) consecutive work days shall be granted upon request.

Two (2) additional consecutive work days of bereavement leave shall be granted if the distance required for travel is more than two hundred (200) miles from the employee’s work site and the employee travels to the location. Members of the immediate family include: the employee’s spouse, father, mother, step-father, step-mother, sister, brother, half-sister, half-brother, step-sister, step-brother, child (including still-born children), step-child, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, aunt, uncle, and grandparents. “Child” includes a foster child placed in the employee’s home by a state agency. Seniority shall accumulate during such leaves of absence. An employee may request additional days of vacation leave or leave without pay in the event they are the executor of the deceased’s estate.

Documentation in the form of an obituary or other acceptable proof will be required to process bereavement leave.

b) MILITARY ANNUAL TRAINING LEAVE AND AUGMENTED PAY Employees ordered to active duty for annual training with the National Guard or organized military reserve units, shall be granted a leave of absence not to exceed two (2) weeks in each calendar year, provided the Employee furnishes the Company a copy of his military orders at the time the leave of absence is requested. Such leave of absence shall be referred to as military annual training leave. Employees granted military annual training leave shall be paid the difference in the earned military base pay he received while on military annual training leave and the pay he would have received had he worked his regular schedule during his leave of absence.

In order to be eligible for the military annual training leave pay, the employee shall furnish the Company a copy of their leave and earning statement for the period.

c) JURY AND WITNESS DUTY Employees summoned to serve on jury duty or as a witness in a trial in which they are not a criminal defendant will be paid their regular hourly rate for all such time spent on jury duty.

Notice of jury or witness duty must be given to the Company upon receipt of a jury or witness summons, and proof of such service must be submitted to the satisfaction of the Company before this Article shall apply. Employees required to work shift work will be considered as assigned to day shift for the duration of the jury or witness duty and shall receive payment as outlined above.

Employees summoned to jury or witness duty that are released by the Court with less than four

(4) hours of jury or witness duty service shall return to work.

5.03 FAMILY AND MEDICAL LEAVE

The Company will adhere to the Family and Medical Leave Act as provided by law.

ARTICLE 6 – UNION REPRESENTATION

6.01 NOTIFICATION OF LOCAL UNION REPRESENTATIVES

As soon as possible after the effective date of this Agreement, the Union shall notify the Company of the names of the Business Representative, District Lodge 131 Financial Secretary, Chief Steward, and Shop Stewards. Thereafter the Union shall notify the Company of any changes in representation. The union shall be represented by a Chief Steward, who shall be assigned to day shift operations. Additionally, the Union shall be represented by stewards who shall be assigned to each shift of operations. For the regular day shift, there shall be up to two (2) stewards. Additional shifts shall have up to two (2) stewards.

The Chief Steward shall be empowered to investigate and present a grievance in accordance with the provisions of this Agreement. Employees requesting Union representation shall make request to immediate supervisor. Such request shall be enacted upon within a reasonable period of time. If the Chief Steward is not available, he/she may assign another steward to represent the employee.

6.02 SUPER-SENIORITY FOR UNION REPRESENTATIVES

The Stewards shall be given seniority over all employees whom they represent during a reduction in the work force provided work in their classifications or work in classifications to which they have a displacement right is available, and so long as their official duties would permit such seniority preference under existing law. The Chief Steward shall have seniority over Shop Stewards for the intent of this article.

If for any reason the Steward ceases to hold the position of Steward and, as a result, no longer has sufficient natural seniority to remain in their classification, the employee shall be subject to layoff in accordance with the seniority principles of this Agreement.

6.03 FULL-TIME UNION REPRESENTATIVES

Any full-time representative of the Union shall have access to grievance meetings in Step Three of the grievance procedure and to arbitration hearings. Any full-time representative of the Union shall be granted access to the bargaining unit worksites upon request to the Company, provided they are permitted common access to the installation by the Air Force.

6.04 SAFEGUARDING OF STEWARD MATERIALS

The Company will place a locker, a desk, or other means of safeguarding materials for the exclusive use of Shop Stewards provided placement is approved by the customer. The Company shall provide an area where a representative of the Union can meet privately with members of the bargaining unit to discuss grievances and contract matters.

ARTICLE 7 – GRIEVANCE PROCEDURE

7.01 DEFINITION

“Grievances” shall mean, and be limited to disputes of differences between the Company and the Union, or employees so represented, with respect to the interpretation or application of any specific provision of this agreement. Both parties agree to use their best efforts, including informal meetings involving management, supervision, Shop Steward, and the grievant, to resolve matters without resorting to the grievance procedure except that any such meetings shall not extend the time limits set forth in this Article.

In the event such informal methods do not resolve the grievance, all grievances shall be reduced to writing and processed in accordance with the following steps:

7.02 GRIEVANCE STEPS

All grievances beyond Step 1 below, involving employee claims shall be in writing on grievance forms provided by the Union and shall be signed by all employees claiming rights there under. In an effort to adjust employee grievances by mutual agreement, they shall be presented in the following order and within the following time limits:

STEP 1: The employee(s), with or without their Steward, shall promptly bring a grievance to their supervisor within ten (10) working days from the date of the occurrence which is the basis of the grievance. In the event an employee is unavoidably absent due to illness or injury, or unavailable due to vacation or other approved reasons, the employee’s Shop Steward may bring the grievance to the supervisor. If such grievance is not settled within three (3) working days, then:

STEP 2: Within three (3) working days of the Step 1 reply, a written grievance containing the article or section which is claimed to be violated and the remedy requested, must be signed by the employee and submitted by the Shop Steward and/or Chief Steward and taken up with the Project Manager, or his designee. A meeting will be arranged with the Project Manager, or his designee, and the grievant and his Steward within five (5) days after the grievance is advanced to step 2. The Project Manager or his designee has three (3) working days to reply in writing after the Step 2 meeting. If the written reply is not satisfactory, it may be moved to Step 3.

STEP 3: Within five (5) working days of the Step 2 reply, the grievance may be moved to Step 3 by written appeal to the Company’s designated representative. The Company’s designated representative and the Business Representative of the Union, shall schedule a meeting within ten (10) working days after receipt of the grievance into the third step.