Attachment 17 Eglin CBA-2024-123.pdf

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EGLIN OPERATION AND MAINTENANCE SERVICES (EOMS) II - RFI #4 - DRAFT REQUEST FOR PROPOSAL
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This document is a Request for Information (RFI) related to the Eglin Operation and Maintenance Services (EOMS) II federal contract opportunity. The RFI is seeking industry feedback on a draft Request for Proposal (RFP) for the follow-on EOMS II contract. The current EOMS contract is a Cost-Plus-Award-Fee (CPAF)/Cost-Plus-Fixed-Fee (CPFF) contract that provides operation and maintenance services in support of research, development, test, evaluation, and training missions involving military aerospace equipment and weapons at the Eglin Test & Training Complex and potentially other geographically separated locations. The EOMS II contract is anticipated to have a term of up to 10 years and is targeted to start on April 1, 2026. The Government is requesting feedback from industry on the draft RFP, including any areas of concern, ambiguities, or recommendations for improvement. Responses to the RFI must be submitted by December 17, 2024.

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Text version

COLLECTIVE BARGAINING AGREEMENT BETWEEN

RELIANCE TEST AND TECHNOLOGY, LLC

AND IT’S SIGNATORY SUBCONTRACTOR(S),

T SQUARE

AND

INTERNATIONAL ASSOCIATION OF MACHINIST AND AEROSPACE

WORKERS, AFL-CIO, DISTRICT LODGE No. 75 and IT’S LOCAL LODGES 20 and 449

EGLIN OPERATIONS & MAINTENANCE SERVICES (E-OMS)

AT

EGLIN AFB, FLORIDA

Effective: March 1, 2024 through September 30, 2027

TABLE OF CONTENTS

PREAMBLE

ARTICLE 1 – INTENT AND PURPOSE

ARTICLE 2 – MANAGEMENT RIGHTS

ARTICLE 3 – UNION RECOGNITION

ARTICLE 4 – UNION/AGENCY SHOP AND DUES CHECKOFF

ARTICLE 5 – SHOP STEWARDS

ARTICLE 6 - NO STRIKE-NO LOCKOUT

ARTICLE 7 - GOVERNMENT SECURITY/RESPONSIBILITY

ARTICLE 8 – SENIORITY

ARTICLE 9 – NON-BARGAINING UNIT PERSONNEL

ARTICLE 10 – HOURS OF WORK

ARTICLE 11 – SHIFT ASSIGNMENT

ARTICLE 12 - OVERTIME

ARTICLE 13 – WAGE RULES

ARTICLE 14 – HOLIDAYS

ARTICLE 15 – VACATION

ARTICLE 16 – PAID TIME OFF (PTO)

ARTICLE 17 – BEREAVEMENT LEAVE

ARTICLE 18 – JURY DUTY/WITNESS PAY

ARTICLE 19 – ABSENCE FROM WORK

ARTICLE 20 – PROMOTIONS/TRANSFERS

ARTICLE 21 – LEAVES OF ABSENCE

ARTICLE 22 – LAYOFF/RECALL/REDUCED WORKLOAD

ARTICLE 23 – DISCIPLINE AND DISCHARGE

ARTICLE 24 – GRIEVANCES

ARTICLE 25 – ARBITRATION

ARTICLE 26 – TRAINING

ARTICLE 27 – SAFETY/SAFETY EQUIPMENT

ARTICLE 28 – BULLETIN BOARD/DISTRIBUTION

ARTICLE 29 – TEMPORARY DUTY ASSIGNMENTS (TDY)

ARTICLE 30 – GENERAL

ARTICLE 31 – 401(K)

ARTICLE 32 – DRUG AND ALCOHOL-FREE WORK PLACE

ARTICLE 33 – PART-TIME/PART-TIME ON CALL

ARTICLE 34 – DURATION

ARTICLE 35 – MACHINISTS CUSTOM CHOICE WORKSITE BENEFIT PROGRAM

SIGNATURES

APPENDIX A – WAGES

APPENDIX B – RT&T COMPANY INSURANCE & BENEFITS

APPENDIX C – T SQUARE

PREAMBLE

This Agreement is entered into this 1st day of March, 2024, by and between Reliance Test and Technology (RT&T), and its signatory subcontractor, T-Square Logistics Services Corporation, hereinafter referred to as (the “Company,") and the International Association of Machinists and Aerospace Workers, AFL-CIO, District Lodge 75 and its Local Lodges 20 and 449, hereinafter referred to as (the “Union") collectively (the “Parties”).

Anytime any gender or gender-based pronoun is used in this Agreement, it shall also be considered to apply to all persons regardless of their gender.

ARTICLE 1 – INTENT AND PURPOSE

01.01 It is the intent and purpose of the Company and the Union to set forth herein the entire Agreement with respect to wages, hours, and working conditions as it relates to the government contract covered by this Agreement.

01.02 Further, it is the mutual intent of the parties to provide for the efficiency of the operation and maximum production of the employees under methods which further the safety of all affected parties, the efficiency and economy of operations and the continued employment of conditions of reasonable hours, compensation and working conditions as contained herein so that operations will be uninterrupted and duties faithfully performed in order for the Company and its employees to fulfill their mutual and vital responsibilities to both the public and to the Government with due regard for competitive conditions.

01.03 It is recognized by this Agreement to be the duty of the Company, the Union, and the employees to cooperate fully, both individually and collectively, for the advancement of said terms and conditions; and to provide a grievance procedure for the settlement of the employees’ grievances;

and to provide that there shall be no interruption and/or impeding of operations during the term of this Agreement.

01.04 The Union recognizes that the Company is a contractor to the Federal Government and that the

Company is required at all times to meet its contractual obligations. Nothing in this Agreementis intended nor will any provision of the Agreement prevent the Company from meeting its obligations and responsibilities as a contractor. The Union and the Company recognize that the

Government may impose various demands or obligations upon the Company and its employees.

When the Company receives a change in the scope of the contract that warrants an increase/decrease in staffing levels that affects the bargaining unit, the Company will notify the

Union and provide the appropriate modification excerpt within fourteen (14) calendar days. If such action requires, the Company and the Union agree to comply with the requirements to the degree necessary, subject to rebuttal by either or both parties through the grievance and arbitration procedures, and/or the courts, if deemed necessary.

01.05 The Company shall have the right to subcontract work. If there are employees in layoff status who are qualified and they can perform the work, they will be recalled and any subcontract work will not cause Bargaining Unit layoffs.

01.06 The Company shall have the right to utilize temporary hire agencies for temporary employees for up to six (6) months when required. This timeframe may be extended by mutual agreement in writing by theparties.

01.07 Sentences, sentence fragments, phrases or words should not be combined from multiple sections of this Agreement to create new language or to modify the Parties intent.

01.08 The term “employees” refers to all bargaining unit employees throughout the Agreement.

01.09 The term “days” as used throughout this Agreement shall mean calendar days unless specifically designated otherwise. The term “working days” used in this Agreement shall mean regular business days Monday through Friday, excluding holidays.

ARTICLE 2 – MANAGEMENT RIGHTS

02.01 Except as specifically provided in this Agreement, all management rights, power, authority, and functions, regardless of the frequency or infrequency of their exercise, shall remain vested in the Company. It is recognized that such rights, power, authority, and functions include, but are not limited to, the full and exclusive control, management, and operation of the business, the determination of the scope of its activities, business to be engaged in and all matters pertaining thereto, the location of such business or businesses, the materials and products to be acquired or utilized and the machinery and equipment to be utilized and the layout thereof; the right to establish, eliminate, or change shifts, schedules of work and production schedules and standards, the right to establish, change, combine or eliminate jobs, positions, job classifications and descriptions, job duties and functions; the right to revise or introduce new or improved policies and procedures, methods, processes, facilities, machines, and equipment or to make technological changes, the right to maintain order and efficiency; the right to contract for or subcontract any work; the determination of the number, size and location of its business operations or any part thereof and the extent to which, the means and manner by which its business or any part thereof shall be operated, relocated, shut down or abandoned; the right to terminate, merge, consolidate, sell or otherwise transfer the business or any part thereof, the right to make and enforce safety and security rules and rules of conduct; the determination of the number and identity of employees, the assignment of duties thereto, and the right to change, increase or reduce the same; the direction of the work force, including but by no means limited to hiring, selecting, and training of new employees, and suspending, scheduling, assigning, discharging for just cause, laying off, recalling, promoting, demoting, and transferring of its employees, determining employee qualifications.

02.02 It is the intention of the Company and the Union that the rights, powers, authority, and functions referred to herein shall remain exclusively vested in the Company except insofar as specifically surrendered or limited by express provisions of this Agreement. In exercising its rights, the Company will not violate this Agreement.

02.03 Active Mission is defined as a mission that has started, such as when a mission has been called to go “Hot”, personnel are on the range to support a mission, or aircraft is airborne. This list of actions is not all inclusive.

02.04 Active Test is defined as any on-going action associated with the customer’s data requirement(s), to include calibrations, changing of environmental conditions, running equipment in support of the data requirement, etc. This list of actions is not all inclusive.

ARTICLE 3 – UNION RECOGNITION

03.01 The Company recognizes the Union (certified by the National Labor Relations Board on December

20, 2016, Case No. 15-RC-188196) as the sole and exclusive collective bargaining agent for those employees in the collective bargaining unit as follows:

a) Included: All full time and part time hourly, non-exempt production and maintenance employees, employed by the Employer on its E-OMS contract at its facilities located at Eglin Air Force Base, Florida and Port St Joe, Florida.

b) Excluded: All other employees, office clerical employees, professional employees, managerial employees, guard, and supervisors as defined in the Act.

03.02 The Company recognizes the Union (certified by the National Labor Relations Board on February 08, 2017, Case No. 15-RC-191101) as the sole and exclusive collective bargaining agent for those employees in the collective bargaining unit as follows:

a) Included: All full time and part time employees employed by the Employer at Eglin AFB including mechanics, master mechanics, supply techs, age mechanics, ground mechanics, painters, heavy equipment mechanics, auto mechanics, and sheet metal mechanics.

b) Excluded: All office clerical employees, professional employees, managerial employees, guards and supervisors as defined in the Act.

03.03 The Company recognizes the Union (certified by the National Labor Relations Board on March 30, 2017, Case No. 15-RC-194009) as the sole and exclusive collective bargaining agent for those employees in the collective bargaining unit as follows:

a) Included: All Full Time and Regular Part Time Employees, to include Shipping and Receiving Clerks, Unexploded Ordnances (UXO) Tech's, Electronic Tech's, Production Control Clerks, Material Handlers and Material Coordinators at Eglin AFB, FL facility.

b) Excluded: All office clerical employees, professional employees, managerial employees, guards and supervisors as defined in the Act.

03.04 The Company acknowledges the Union’s rights specifically designated by the terms of this

Agreement. As the employee’s representative, the Union recognizes its duty to cooperate in any reasonable manner with the Company, to support its efforts to assure a fair day’s work by each employee, to cooperate in combating all practices which decrease efficiency and to maintain standards of quality and service.

ARTICLE 4 – UNION/AGENCY SHOP AND DUES CHECKOFF

04.01 All employees covered by this Agreement shall, as a condition of continued employment with the

Company and unless prohibited by law, become and remain members in good standing in the Union or pay applicable agency service fees to the Union, but not both, within thirty (30) days following the end of their ninety 90-day probationary period. An employee shall not be subject to this Article until completion of the probationary period, at which time an employee shall become subject to all provisions of this Article.

04.02 The Union will provide the Company with the following information concerning Union Dues or Agency Service fees:

a) Current dues/fees rate to be charged to the Employees;

b) When Union dues/fees rates are increased, or decreased, the Union shall notify the Company in advance of the date that the new dues/fees will become effective.

04.03 During the duration of this Agreement, the Company, 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/Agency Fees, initiation fees and reinstatement fees, upon receipt of a deduction authorization, executed and delivered to the Human Resources office by the Employee or Steward, on a form provided by the Union, and shall continue deductions until authorization is revoked by the Employee. The Human Resources office shall stamp and date the form and furnish the employee a copy for his/ her records. Failure to authorize Duesor applicable service fee deductions does not relieve Employees from the Agency Shop obligation.

04.04 Deductions from money due the Employee shall be made from the net earnings due the Employee payable on the regular payday for each pay period (monthly dues/2 = 24 pays or monthly dues X 12 / 26 = 26 pays), provided the Company has received such authorization from the Employee by the fifteenth (15th) day of the preceding month in which such deductions are made. There shall be one remittance per month by the Company.

04.05 Deductions shall be remitted to the IAM General Secretary-Treasurer not later than ten (10) days following the month deducted providing the Employee has submitted the approved authorization form by the 15th calendar day of the previous month. The Company shall furnish to the IAM General Secretary-Treasurer, a list showing those members for whom deductions have been made and the amount thereof.

04.06 Any Employee within the bargaining unit who is required to contribute to the Union and who is transferred or promoted out of the bargaining unit or laid off, shall not be subject to any provisions of this Article during the time the Employee remains outside the bargaining unit or on layoff.

Employees placed on short or long term disability are responsible for notifying the IAM Local 20 Secretary-Treasurer immediately. Dues or agency fees may be reduced during a time out on disability.

04.07 Notification to the Company that an employee has failed to comply with any provision of this Article 4 shall be provided by the Union, in writing, via certified mail, return receipt requested.

The Union shall provide the employee with a copy of said notice. The Company will within fourteen (14) calendar days after receipt of the notice from the Union and unless prohibited by federal or state law, terminate any employee(s) who is not in good standing in the Union or Employee(s) who do not pay applicable Agency Service Fees as required by this Article.

Termination procedures under this paragraph (7) shall not be deemed as a disciplinary action.

04.08 Employees may handle thematter of payment of Unioninitiation fees/dues directly with the Union.

In cases where deductions are made from those who have already paid Union initiation fees/dues, the Union will make refunds directly to such employees.

04.09 The Union shall indemnify and save the Company harmless against all liability that may arise as a result of action taken by the Company for the purpose of complying with all provisions of this Article.

ARTICLE 5 – SHOP STEWARDS

05.01 The Company agrees to recognize the Stewards and Chief Steward duly authorized by the Union to represent those employees covered by the terms and conditions of this Agreement. The Union shall promptly advise the General Manager or Company’s designee in writing of any change in Stewards. No Steward will be recognized as such by the Company prior to receipt of written notice of appointment by the Union. The Company will provide this information to each supervisor having authority over employees covered by this Agreement.

05.02 The number of Stewards and Chief Steward shall be in that number required by the Union to assure each employee in the Union has ready access to a Steward in his/her assigned work location. It is agreed this objective can be achieved with not more than Fifteen (15) plus the Chief Steward unless modified by mutual agreement of the Parties.

Stewards will be assigned from the following locations:

1. One (1) Chief Steward to cover the entire contract work area.

2. Four (4) Stewards to cover Eglin main base from RT&T.

a) One (1) Steward for McKinley Lab, King Hangar, and Guided Weapons Evaluation Facility (“GWEF”), Joint Pre-Flight Integration of Munitions and Electronic Systems (“J-PRIMES”) and Bldg 100.

b) One (1) Steward for Bldgs. 44, 55, 85, 380, 963, A-22, A-24, new bldgs.11149 and 11151, and Radio Maintenance.

c) One (1) Steward for Fabrication & Installation (F&I), Range Services and Drafters.

d) One (1) Steward for Supply on Eglin Main Base.

3. One (1) Steward to cover Eglin Motor pool main base from T Square.

4. One (1) Steward to cover East Range (C-1, C-52, C-52A) from RT&T.

5. One (1) Steward to cover West Range (B-4A, B-4B, B-10, B-75, A-20) from RT&T.

6. One (1) Steward to cover Santa Rosa Island from RT&T

7. One (1) Steward to cover U.S. Army Training Range (USATR) (Both C-52 and 7th

Group) from RT&T.

8. One (1) Steward to cover Cape San Blas (D-3) from RT&T.

9. One (1) Steward to cover C-64, C-64A, B and C, and Area C-74 from RT&T.

10. One (1) Steward to cover Area C-9 Mobile Targets from T Square.

11. One (1) Steward to cover Munitions/Range Unexploded Ordnance (“RUXOR”) from

RT&T.

12. One (1) Steward to cover Northeast range (C-7, C-7A, C-10, C-72, and C-80) from

RT&T.

13. One (1) Steward to cover Area C-3 from RT&T.

05.03 Subject to other provisions of this Agreement, reasonable and necessary time off from work during straight time work hours shall be authorized without loss of pay or benefits to permit Stewards and the Chief Steward to carry out their responsibilities under the grievance procedures to employees in their area of representation, providing the carrying out of these responsibilities will not unreasonably interferewith the assigned work duties of the Steward or the employee involved.

The Union will ensure that the Chief Steward and Shop Stewards engage only in those activities which are authorized by this Agreement. Instances of alleged abuse or misuse of time by the Steward, or Chief Steward, shall be brought to the attention of the Union, who shall take the action necessary to correct the problem.

05.04 Recognizing the mutual benefit of resolving problems at the lowest level, an employee who has an alleged grievance may discuss the matter with the employee’s Steward. The necessary time away from the Steward’s official work assignment shall be arranged in a manner to minimize interruption of workflow. When the Steward finds it necessary to discuss a problem or labor-management disagreement with a bargaining unit employee and/or management official, the Steward shall request permission to leave his/her work assignment from his/her supervisor. Should the need arise for a Steward to enter another supervisor’s work area; the Steward’s supervisor will contact the supervisor of that area to establish a time for the Steward to enter the area. In each instance, the supervisor’s permission will be granted unless he/she determines compelling work commitments dictate otherwise. If permission is initially denied, the supervisor shall establish an alternate time which shall be as soon as practical, operations permitting, at which time the Steward can contact the employee. If operations cause a delay in the initial meeting, the grievance time limits will be extended accordingly.

05.05 The scope of the Steward’s activities on Company time shall be limited to thefollowing:

a) To consult with an employee regarding the presentation of a request concerning this Agreement, complaint, or grievance when the employee desires a steward to be present.

b) To investigate a complaint or grievance of record before presentation to the appropriate supervisor.

c) To consult with the Chief Steward regarding a grievance or alleged grievance.

d) To present a request concerning this Agreement, complaint, or grievance to an employee’s immediate supervisor in an attempt to settle the matter for the employee or group of employees who may be similarly affected.

e) To meet with an appropriate supervisor or other designated representative of the Company when necessary to adjust grievances in accordance with the grievance procedure of this Agreement.

f) Each new employee covered by this Agreement shall be introduced to the Union’s Chief Steward or their Steward in their assigned area, normally during new hire orientation or by the Supervisor in the activity to which such employee is first assigned within five (5) working days.

05.06 Subject to existing security regulations, the Business Representative or other authorized Business Representative of the Union shall have access to the Company’s work areas during working hours for the purpose of investigating grievances that have arisen, attending meetings in accordance with the grievance procedure, and ascertaining whether or not this Agreement is being observed.

Before doing so, he/she shall contact the General Manager or other authorized Company Representative in advance, for authorization of said Representative(s) to enter the Company’s premises, provided that such right shall be exercised reasonably and will not interfere with the normal conduct of the Company’s operations. Authorized Business Representative(s) of the Union may be escorted by a Company Representative at all time(s) when they are on Company premises.

05.07 It is agreed that the Company shall not be required to pay an employee for any time that he/she is taken away from his/her work to serve the Union in any official capacity or to serve on any Union committee, except as provided in the Agreement. All such leave must be approved by the Company in advance.

05.08 The Steward shall be empowered to adjust employee grievances occurring under his/her jurisdiction as provided for in the grievance procedure, so long as such adjustments are not in conflict with the provisions of this Agreement.

ARTICLE 6 - NO STRIKE-NO LOCKOUT

06.01 It is expressly understood and agreed that the business of the Company is directly related to the important and vital work of the United States Government and the various missions of the Eglin

Operations and Maintenance Services Contract (E-OMS), and that efficient and uninterrupted services must be provided to those agencies who have need of and make use of the capabilities of the E-OMS Contract. Therefore, the parties agree that during the term of this Agreement:

06.02 The procedure provided for herein in the settlement ofgrievances shall serve as means for peaceful settlement of all disputes that may arise between the parties.

06.03 Neither the Union, its officers, or agents shall authorize, encourage, or sanction a strike, sympathy strike, sit down, work stoppage, stay-in, slow down, refusal to work, picketing, or any other action which would interrupt or interfere with any of the operations of the Company.

06.04 No rules, customs, or practices shall be permitted which limit production, or increase the time required to do any work. There shall be no limitation or restriction on the use of machinery, tools, or other labor-saving devices.

06.05 Any employee or employees, individually or collectively, who shall cause or take part in any violation of this Article may be disciplined or discharged by the Company.

06.06 In the event of a violation of this Article, the Union, its officers, or agents agree that it will use its best efforts to end such prohibited conduct, utilizing every possible means toinclude:

a) Requesting through personal contact or meeting with employees that they comply with the Agreement and not take part in any prohibited conduct.

b) Notification to all employees that such prohibited conduct is unauthorized and in violation of the Agreement.

c) Requesting those employees violating this Agreement to return to work and/or otherwise fully comply with the terms and conditions of this Agreement.

06.07 The Company agrees that it will not engage in any lockout of its employees.

ARTICLE 7 - GOVERNMENT SECURITY/RESPONSIBILITY

07.01 The Company, all representatives of the Union having access to the premises, and all employees are required to comply with applicable Government security regulations when performing work for the Government. The Company and the Union agree that security information will be revealed only to persons properly cleared and required by the Government to have the information.

07.02 The Union and the Company recognize that employees covered hereby are performing services for the U.S. Government in U.S. Government facilities and by use of U.S. Government equipment. The Company is not authorized to maintain, modify, or repair such government facilities except as contractually directed.

07.03 The employee will be responsible for the reasonable care of customer and/or Company furnished equipment and will notify the Company of any sabotage, or willful damage to Company, customer or employee property or material.

07.04 The Union recognizes that the Company has certain obligations in its contracts with the

Government pertaining to security, and that security is vital to the Company and the Union in carrying out their part in the defense effort. Nothing in this Agreement shall require the Company to employ, continue to employ, or to grant access to any of its facilities orwork locations any person to whom a cognizant Government agency refuses access or denies a clearance. It is understood that all employees must be able to obtain and maintain a security clearance to a level commensurate to their job duties. It is mutually agreed between the Parties that such an employee shall be subject to any action, including but not limited to discharge, which the

Company considers necessary for security reasons.

07.05 Where an employee’s base access or Common Access Card (CAC) is revoked and the employee is subsequently terminated and the base access is restored by the Federal Government within eighteen (18) months of revocation, the Company will reinstate the employee’s employment (with an adjusted seniority date) into his/her previously held position at the time of termination, if a jobvacancy exists, or any lower available job classification for which he/she is qualified and there is a vacancy. The Company shall not be obligated to reinstate any employee whose base access was revoked as a result of circumstances otherwise justifying a just cause termination pursuant to the terms and conditions ofthis Agreement. The Company will not be responsible to maintain a recall list of any such employee. The employee will be responsible to notify the Company upon having their base access or CAC eligibility restored. The Company will notify the Chief Steward, in writing, within five (5) working days of such notification.

ARTICLE 8 – SENIORITY

08.01 New employees and those hired after a break in continuous service, regardless of classification, shall be considered to be on probation for a period of ninety (90) calendar days from the date of hire. The Company may reassign or discharge such an employee, and such action shall not be subject to the grievance procedure. The Company will notify the Chief Steward in writing of such action.

08.02 The ninety (90) day probationary period may be extended by mutual agreement between the

Company and the Union. During the probationary period, an employee may be discharged or disciplined at the Company’s option without recourse to the grievance and arbitration procedure as provided in Article 24, Grievance Procedure, and Article 25, Arbitration Procedure, of this

Agreement.

08.03 Seniority is defined as the length of continuous service with the Company, subcontractor(s) and previous contractors, as noted in the Preamble of this Agreement, except as provided in subsection 08.06, and shall be computed from the original date of hire except when seniority has been broken (as defined in Section 08.04), in which event seniority shall be computed from the last date of rehire. Upon transfer from one Company to another, employees shall retain their seniority, except as provided in Subsection 08.06. All bargaining unit employees, except for those subject to Subsection 08.06, shall remain on one (1) seniority roster, regardless of the Company

(Prime or Sub-Contractor) and have all rights and benefits under this Agreement. Relative seniority of all employees who have the same seniority date is determined in accordance with the last four digits of each employee's social security number, i.e., the lowest number has the most seniority; when the four digits are identical the next previous digit which is not identical shall be determinative.

08.04 Seniority shall be broken and employees shall have their names stricken from the seniority list under any of the following circumstances:

a) Discharge for just cause.

b) Resignation.

c) Failure to comply with the Layoff and Recall provisions of this Agreement.

d) Failure to report for work upon expiration of an approved leave of absence.

e) Accepting other employment without approval of the Company while on an approved leave of absence.

f) Unexcused absence from work for a period of three (3) consecutive workdays, unless it is later proven that the employee was incapacitated and unable to contact the Company by phone due to circumstances out of the control of the employee.

g) Release from employment due to inability to secure or retain a security clearance at the appropriate level.

h) Failure to be recalled within eighteen (18) months after lay-off.

08.05 The Company shall maintain a seniority list of all employees covered by this Agreement, except those subject to Section 08.06, listing name, seniority date, organization ID, wage rate, status, and job classification. The report will also include the status of all employees on a leave of absence outlined in Article 21. The report will be provided monthly to the Chief Steward and Business

Representative. Such seniority list shall be utilized for promotions, reductions in force, training and job bidding within the Company. The Union has ten (10) workdays after receipt of this seniority list to notify the Company in writing of any errors. The seniority list shall be made available to the Chief Steward as required.

08.06 Employees assigned to Area C-3 will be subject to several different seniority rules asfollows:

a) Employees will maintain their original hire date for benefits and for seniority with

Area C-3.

b) The Company will maintain a seniority roster for Area C-3 separate from the seniority roster stated in Section 08.03 and Section 08.05.

c) The Area C-3 seniority roster shall list the name, seniority date, and job classification of all bargaining unit employees at Area C-3. The seniority roster shall be utilized for promotions, reductions in force, training, and job bidding within Area C-3 only.

ARTICLE 9 – NON-BARGAINING UNIT PERSONNEL

09.01 It is understood and agreed that non-bargaining unit personnel will normally not perform the work of the employees covered by this Agreement, except under the following conditions:

a) For the purpose of instructing and training employees.

b) Under emergency conditions. The term “emergency” as used in this provision is defined to mean any unforeseen combination of circumstances which would require immediate action in order to prevent an urgent system failure in support of the EOMS contract.

c) Up to two (2) consecutive hours on any shift when an employee fails to reportto work, and other qualified employees are not available in the classification on the shift.

d) When the work being performed is incidental to the job duties of a position not covered by this Agreement.

e) When required to maintain their personal qualifications and proficiency or required for certification.

f) There are no qualified personnel available to perform work.

g) When staffing needs exceed bargaining unit capacity.

h) Non-Bargaining Unit personnel performing unit work shall not displace unit personnel or cause a layoff.

ARTICLE 10 – HOURS OF WORK

10.01 No provisions of this Agreement shall be construed as a guarantee of any specified numbers of hours of work per day or per week.

10.02 The workday shall begin at 12:01 a.m. and shall end at 12:00 midnight.

10.03 The workweek shall begin at 12:01 a.m. on Monday and shall end at 12:00 midnight the following

Sunday.

10.04 The regular workday for employees will consist of eight (8) consecutive hours. Other regular workdays for employees will consist of eight and one-half (8 ½) consecutive hours to include a half hour unpaid lunch. Other eight (8) hour workdays may be established as approved by management.

10.05 The Company will designate a fifteen (15) minute rest period each half of the work shift, which may be taken without loss of pay for the purpose of relaxation. Rest periods may be taken at the place of work. Rest periods shall be deviated from due to mission requirements or emergency conditions, but will be taken as soon as possible, as approved by the supervisor. Employees scheduled to work for four (4) or more hours of overtime shall be entitled to a fifteen (15) minute rest period prior to the start of the overtime period and any scheduled rest periods on the shift the overtime is worked.

10.06 The regular workweek for employees will consist of any five (5) consecutive workdays, normally during the period of Monday through Friday, with two (2) consecutive days off.

10.07 The alternate workweek, which may be established at the discretion of the Company, will consist of either the four (4) ten (10) hour days or the nine/eighty 9/80 work schedule. This will include either a ten (10) hour or appropriate nine/eighty 9/80 workday. There will also be an alternate workweek of three (3) rotating shifts of seven (7) consecutive days with two (2) or three (3) days off.

a) The four (4) ten (10) hour workweek for employees will consist of any four (4) consecutive workdays, normally during the period of Monday through Friday, with three (3) consecutive days off.

b) The regular work week for the nine/eighty (9/80) schedule shall begin at 11:01 a.m. on Friday and shall end at 11:00 a.m. the following Friday. The nine/eighty (9/80) hour workweek for employees will consist of four (4) nine (9) hour consecutive workdays and one (1) four (4) hour workday, normally during the period of Monday through Friday on the first (1st) week, with two (2) consecutive days off and a four (4) hour workday and four (4) nine (9) hour consecutive workdays, normally during the period of Friday through Thursday on the second (2nd) week, with three (3) consecutive days off.

10.08 Work Shifts shall be established as follows:

a) The first (1st) shift’s regular scheduled start time will begin between 4:00 a.m. and 10:59 a.m. The second (2nd) shift’s regular scheduled start time will begin between 11:00 a.m. and 7:59 p.m. The third (3rd) shift’s regular scheduled start time will begin between 8:00 p.m. and 3:59 a.m.

b) An employee’s shift starting time shall be the same each day of the week, unless the employee voluntarily agrees to a change, or the Company will provide as much notice as possible but no less than seven (7) calendar days advance notice. The notice of the actual shift start time will be given by 12:00 p.m. (noon) the day prior to the change.

c) Nothing in the Article is intended to prohibit, limit, or restrict the Company’s right to change the starting times of any shift within the time limits set forth above, or to assign employees to alternate workweeks within the limits set forth in Article

10.07. The notice requirement may be waived by mutual agreement between the Company and the Union.

ARTICLE 11 – SHIFT ASSIGNMENT

11.01 The Company and the Union agree to the principle that shift preference consideration should be given to the senior qualified employee in each classification. For rotating shifts and shifts with limited personnel, senior qualified employees must be distributed amongst each shift as determined by the Company. Remaining shift assignment will be by seniority.

11.02 The Company may establish and work a single shift schedule or multiple shift schedules, on either a five (5) day, eight (8) hour (5/8) schedule, a nine (9) day, eighty (80) hour (9/80) schedule, or a four (4) day, ten (10) hour (4/10) schedule for any portion of the work covered by this Agreement.

The Company may also establish three (3) rotating shifts of seven (7) consecutive days with two

(2) or three (3) days off.

11.03 Employees who wish to be considered for a shift change for their work site must submit a written request at least ten (10) days before the effective date listed below of the desired change. All shift change requests are subject to Company approval.

Employee(s) within the same classification and on different shifts who agree to exchange shifts for a period of time shall be allowed to exchange shifts with pre-approval of management. Shift exchanges must be submitted for approval at least ten (10) days in advance so the payroll change of status can be processed in a timely manner. The Company will make every reasonable effort to grant therequests of the employees.

11.04 The Chief Steward will be assigned to the first (1st) shift in his/her classification for the period of time that he/she is elected to serve.

ARTICLE 12 - OVERTIME

12.01 It is understood and agreed that the Company reserves the right to require employees covered by this Agreement to perform overtime work. When such overtime is required, employees involved will be given as much advanced notice as is practical but at least ninety (90) minutes notice prior to the commencement of overtime when at work, except during active missions or test programs. The Company will use reasonable efforts to notify employees by the end of their shift on Thursday for weekend (to include regular day off for employees on Alternative Work Schedules (AWS) overtime assignments.

The parties agree there must be eight (8) hours of uninterrupted rest between work shifts. Shift start times may be adjusted to accommodate adequate rest period.

12.02 Overtime shall be paid at the rate of one and one-half (1 ½) times the straight-time hourly rate for the following:

a) All hours worked in excess of forty (40) hours in any workweek.

b) Overtime shall be paid at two (2) times the straight time hourly rate for all hours in excess of a consecutive sixteen (16) hours in any workday, excluding barge work and travel.

c) Overtime shall be paid at two (2) times the straight time hourly rate for all hours worked on a holiday in addition to the straight time pay on such holiday.

d) The Company shall not alter the employee’s work schedule for the sole purpose of avoiding the payment of overtime.

e) Hours paid shall be included in the computation of overtime.

f) Overtime shall be paid at two times (2X) the straight time hourly rate for all hours worked on a Sunday when the bargaining unit employee is required to work in support of a Reimbursable Budget Authority (RBA) customer requirement. RBA work is defined as work that is credited to the E-OMS contract by the U.S.

Government.

12.03 No overtime shall be worked except by direction of the proper supervisory personnel of the Company. No overtime shall be worked in excess of a twelve (12) hour workday unless approved by a supervisor, or on active mission extensions, barge deployment, travel, or in emergency conditions, i.e. natural disasters or acts of God. Overtime maybe scheduled prior to or after an employee’s normal assigned work schedule.

12.04 The Company agrees to assign overtime among qualified employees as equitably as possible, by work center, and by job classifications.

a) The Company will make every reasonable effort to divide work among the employees in each work center by classification and shift as impartially as is practicable. In doing this it is recognized that the Company will take into account the qualifications of the employees for the job to be done and the efficient operation of the work center.

b) In assigned overtime, employees shall perform the overtime work required.

Employees actively working the task requiring overtime shall perform the overtime work required. In the event of extenuating circumstances when an employee is unable to perform the overtime assigned to that employee, the overtime assignment shall be referred to the overtime distribution list.

c) In cases where an employee is not assigned to a task requiring overtime, required employees will be selected for the overtime on the basis of the lowest overtime credited hours, provided they are qualified to perform the work.

d) The necessity for the Company to work overtime to provide rapid response to customer requirements is recognized by the parties to this Agreement. It is expected that the employees will continue to cooperate in working overtime for Company and employee best interests. If there is an insufficient number of employees to perform the required work utilizing the overtime distribution list, the qualified employee with the least amount of overtime will be required to perform the work. The Company may limit the overtime hours worked per day and/or week in consideration of fatigue and safety factors.

e) Upon hire, new employees will be credited with the highest overtime hours, plus one (1) hour in the work center and job classification for distribution purposes.

f) Road Guard selection when overtime is involved will be based on employee and vehicle availability with priority given to those employees who are already properly equipped and at or near the required work site. All overtime worked as Road Guard will be credited to the employee.

g) A written record of overtime worked by employees in each work center will be maintained by the supervisor or the Company’s non-bargaining unit designee. The overtime record will indicate the employee’s name and seniority with columns to record the date of overtime and hours changed. Employees will be credited with overtime hours by recording the actual number of overtime hours worked.

Employees refusing or unable to work overtime, when requested, shall be credited with the overtime hours actually worked on the task for distribution of overtime purposes, except when on Military or approved Leave. Records should be updated no more frequently than per pay period.

ARTICLE 13 – WAGE RULES

13.01 The Company shall pay the scale of wages included in Appendix A.

13.02 For the purpose of this Agreement, an employee’s straight time hourly rate is defined as the employee’s base rate as listed in Appendix A.

13.03 Employee’s temporarily assigned to a job classification with a higher rate shall receive the rate of the higher job classification or continue at their present rate, whichever is greater. Temporary assignments to a job classification with a higher rate will be offered to the most qualified employee on the shift in the work center affected. If temporarily assigned, they shall, upon return to their prior classification, assume the rate held prior to the temporary assignment.

Employees temporarily assigned to a job classification with a lower rate shall continue to receive their present rate.

ARTICLE 14 – HOLIDAYS

14.01 The following eleven (11) days are designated as holidays:

New Year’s Day Labor Day

Martin Luther King Jr. Birthday Columbus Day

President’s Day Veterans Day

Memorial Day Thanksgiving Day

Juneteenth Christmas Day

Independence

14.02 In addition totheholidays listed above, if duringtheterm ofthis Agreement, thegovernmentdirects revisions to the Federal holiday, and it is incorporated into E-OMS contract, by the contracting officer, it will be observed as a holiday.

14.03 A full time employee who is on the active payroll on the holiday and has worked on the employee’s last scheduled shift preceding the holiday, and the employee’s first (1st) scheduled shift following the holiday, unless excused by management, shall be eligible for pay for such holiday. Excused does not include unpaid leave of absence, workers’ compensation, or short/long termdisability.

14.04 Paid holidays shall be considered as time worked for the purpose of computingovertime.

14.05 If one or more of these holidays occurs while the employee is on an authorized leave or Paid Time

Off (PTO), holiday pay will be substituted for the PTO day.

14.06 Should any holiday stated above occur on a Saturday or Sunday, the holiday will be observed under the same schedule observed by the military/government personnel located at Eglin A.F.B.

14.07 All holidays shall be paid at eight (8) hours of the straight time rate, regardless of the employee’s work schedule. Employees on an alternate schedule will have the option to record hours of PTO, LWOP or Vacation for their regular scheduled time beyond eight (8) hours on holidays.

ARTICLE 15 – VACATION

15.01 Vacation shall continue upon ratification of this agreement as currently being issued and utilized.

Employees shall be eligible for vacation based on the employee’s continuous length of service, measured from the employee’s original date of hire by the Company or the Company’s predecessor contractors on Eglin A.F.B. and its extensions or sites related to the E-OMS contract, all of whom were providing and performing similar services to this contract.

15.02 For the purpose of determining eligibility for accrued vacation credits, vesting shall be asfollows:

a) Vacation shall accrue on a credited pay period basis and is available for use as accrued.

b) The employee’s anniversary date of hire, as established in Section 15.01, and each continuous service anniversary date thereafter shall be the reference date for rate of accruing vacation leave.

c) Employees shall retain accrued vacation leave until such vacation is taken or paid out.

d) Vacation accrued in excess of the maximum allowed in Section 15.03(d), must be taken by December 31st each year. When an employee(s) vacation request is cancelled due to legitimate business or operational requirements, vacation leave balances over the maximums allowed will be paid out by the end of January in the following year.

15.03 The amount of vacation to which an employee shall be entitled during any year shall be determined by the employee’s number of years of continuous service with the Company, measured from the employee’s hiring date to the employee’s anniversary date of hire for the current year asfollows:

a) Employees with less than six (6) years of continuous service, as defined above, shall accrue eighty (80) hours of vacation per year.

b) Employees with six (6) but less than eleven (11) years of continuous service, as defined above, shall accrue one hundred twenty (120) hours of vacation per year.

c) Employees with eleven (11) or more years of continuous service, as defined above, shall accrue one hundred sixty (160) hours of vacation peryear.

d) The maximum number of hours which may be carried over from one calendar year to the next shall be two hundred and forty (240) hours.

15.04 Employees shall request vacation as follows:

e) Employee’s request for vacation should be made at least five (5) working days in advance, except in unforeseen circumstances or emergency situations when requests should be made as far in advance as possible. Vacation requests will be approved or disapproved within three (3) working days of receipt of request to the Company.

f) When two (2) or more employees have requested the same vacation days, the employees with more seniority will be approved for the time off. However, when a less senior employee has approved vacation, a more senior employee cannot bump him/her for approved time off.

g) When conflicts in requested vacation periods arise, the employee having the greater work center seniority shall be given preference, with due consideration given to timeliness of the conflicting request.

h) Employees shall be permitted to request the maximum number of hours of unused vacation, as recorded for the pay period immediately preceding the start of the requested vacation period, work requirements permitting. The Company will not unreasonably deny an employee’s accrued vacation leave request.

15.05 The Company reserves the right to cancel approved vacation leave for legitimate business requirements. Once vacation has been approved by the Company and it becomes necessary to cancel a scheduled vacation, the Company will make exceptions for those employees that have made advance bookings involving air fare, prepaid reservations, etc. If an employee’s scheduled vacation is canceled and the employee is not permitted to reschedule his vacation before the end of the calendar year because of work requirements, the excess leave will be paid out by the Company.

15.06 An employee’s unused vacation will be paid out at the time of termination from the Company regardless of the nature of the termination.

15.07 Paid vacation will be considered as time worked for purposes of computingovertime.

15.08 When a holiday as defined in this Agreement falls within an employee’s vacation, such holidayor leave shall not be charged as vacation hours.

15.09 Employees will be unable to utilize leave without pay (LWOP) while they have an accrued vacation leave balance unless specifically approved by Company management.

ARTICLE 16 – PAID TIME OFF (PTO)

16.01 Beginning January 1st of each calendar year, the Company will provide eighty (80) hours of PTO to active, fulltime employees. Employees working a reduced work schedule will receive a prorated amount of PTO. If an employee is hired after January 1st or returns to work after January 1st from an approved leave of absence, the employee will receive a prorated amount of PTO. This leave meets or exceeds the requirements of Executive Order 13706.

16.02 Employees who are on continuous paid or unpaid Family Medical Leave (FML) as of December 31st are not eligible for annual PTO until they return to work full-time. Upon return to full-time employment, PTO will be prorated based upon the employee’s return to work date.

16.03 An employee who is prevented from reporting for work by reason of sickness or injury shall promptly notify his immediate supervisor or the Company’s duly designated representative of his inability to report to work, giving the reason for his absence. Each employee will be notified of the call-in telephone number for the employee’s work center and/or team.

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