Attachment 19 - CBA BFT.pdf

COLLECTIVE BARGAINING

AGREEMENT

Between

Amentum Services, Inc.

MCAS Beaufort, SC and

INTERNATIONAL ASSOCIATION OF MACHINISTS

AND AEROSPACE WORKERS, AFL-CIO,

District Lodge 243, Local Lodge 2775

Effective:

12/01/2024 thru 11/30/2027

TABLE OF CONTENTS

01.00 RECOGNITION

02.00 NON-DISCRIMINATION

03.00 MANAGEMENT RIGHTS

04.00 ALCOHOL AND DRUG-FREE WORKPLACE POLICY

05.00 UNION SECURITY / DUES CHECKOFF / AGENCY SHOP

06.04 SHOP STEWARDS

07.00 NEW JOBS

08.00 NO STRIKE / NO LOCKOUT CLAUSE

09.00 SECURITY

10.00 GENERAL

11.00 SAFETY

12.00 LAYOFFS AND RECALL

13.00 COMPLETE AGREEMENT

14.00 PROMOTIONS / TRANSFERS

15.00 DISCHARGE AND DISCIPLINARY ACTION

16.00 SENIORITY

17.00 TEMPORARY DUTY ASSIGNMENTS (TDY)

18.00 ADJUSTMENT OF GRIEVANCES

19.00 ARBITRATION PROCEDURE

20.00 HOURS OF WORK

21.00 OVERTIME

22.00 EXCUSED ABSENCE

23.00 HOLIDAYS

24.00 PAID TIME OFF (PTO)

25.00 BEREAVEMENT

26.00 RESPONSIBILITY PREMIUM/ RATES OF PAY

27.00 Group Health & Welfare Benefits

28.00 EFFECTS OF LAW

29.00 DURATION

APPENDIX A WAGE RATES

1.00 – RECOGNITION

01.01 Amentum Services, Inc. (the Company) recognizes the International Association of

Machinists and Aerospace Workers, AFL-CIO, District Lodge 243 , Local Lodge 2775

(the Union) certified by the National Labor Relations Board 12-RC-311122, as the exclusive representative and bargaining agent with respect to rates of pay, wages, hours and other conditions of employment for the bargaining unit comprised of all Ground

Support Mechanics, Ground Support Workers, Automotive Painter, Production

Controller, Production Clerks, Supply Technicians, Site Leads, and Welders of the

Company at MCAS Beaufort, Beaufort, SC on Government Contract

(N6852023D0012).

The word “Employee” or “Employees,” as used in the Agreement means all Employees of the Company in the Ground Support Mechanic, Ground Support Worker, Automotive

Painter, Production Controller, Production Clerk, Supply Technicians, Site Leads and

Welder classifications of the Agreement.

Excluded from the unit are all office clerical Employees, professional Employees, guards, and supervisors as defined in the Act.

02.00 - NON-DISCRIMINATION

02.01 The Company and the Union want to reaffirm their commitment to provide equal employment opportunity for all persons in all facets of employment and to recruit and administer hiring, working conditions, benefits and privileges of employment, compensation, training opportunities for advancement including promotion, transfers and terminations of employment including layoffs and recalls for all Employees, without discrimination because of race, color, religion, age, gender, national origin, sexual orientation, gender identity, citizenship status, marital status, genetic information, disability, protected veteran status or any other legally protected status.

Whenever the words “he,” “she” or “any gender” are used in this Agreement, the words so used shall be deemed to mean and encompass both male and female.

03.00 - MANAGEMENT RIGHTS

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

Agreement, are retained by the Company.

03.02 Such rights of management include, but are not limited to: hire, promote, layoff, assign, transfer, suspend, and to discharge, investigate, and discipline Employees in accordance with this Agreement; to increase or decrease that number; direct and schedule the work force including establishing and changing work days, work hours, and work weeks; establish, increase or decrease the number of work shifts and their starting and ending times; train Employees and determine who will be trained;

establish, change, classifications and determine qualifications; determine performance levels and standards of performance of the Employees, and provide performance reviews and approvals as needed.

03.03 At least fifteen (15) days, when possible, prior to revising or adding reasonable work rules or personnel policies, the Company agrees to meet and discuss the same with the

Union.

04.00 – ALCOHOL AND DRUG-FREE WORKPLACE POLICY

04.01 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 Employees and to promote a productive workplace, and protect the reputation of the Company, Union and Employees.

Consistent with these goals, the Company prohibits the use, possession, distribution or sale of drugs, drug paraphernalia or alcohol on the Company premises. The Company will continue a program of random, post-accident and reasonable suspicion substance abuse screening consistent with these goals.

Pre-employment drug testing is a condition of employment. The Amentum

Services, Inc. Substance Abuse Prevention Policy is the basis for the

Company program.

05.00 – UNION SECURITY / DUES CHECK-OFF / AGENCY SHOP

05.01

a) Where lawful, all Employees in the bargaining unit must, as a condition of continued employment, be either a member of the Union and pay union dues or pay an agency fee to the Union, but not both. Where lawful, all Employees within the bargaining unit on the effective date of this agreement who are not union members must, as a condition of continued employment, pay to the Union while on the active payroll, an agency fee equal in amount to monthly membership dues, beginning with the month following the month in which they accumulate thirty (30) days’ continuous service in the bargaining unit since their last date of hire or rehire. Employees entering the bargaining unit or Employees who are rehired with seniority or transferred with seniority into the bargaining unit after the effective date of the Agreement who do not become union members, or having become do not remain union members, must, as a condition of employment, while on the active payroll, pay such fee to the Union commencing the month following the month in which they accumulate thirty (30) days’ continuous service in the bargaining unit if such entry is prior to the fifteenth

(15th) day of that month or commencing with the month following the month of such entry into the bargaining unit if such entry is on or after the fifteenth (15th) day of that month.

b) Where lawful, Employees who are union members on the effective date of the

Agreement shall continue to pay membership dues to the Union as a condition of continued employment while in the bargaining unit and on the active payroll as long as they remain members of the Union; Employees within the bargaining unit who, after the effective date of this Agreement become members of the Union shall pay, while on the active payroll, an original initiation fee and membership dues to the Union, as a condition of continued employment while in the bargaining unit and while remaining a Union member; provided that in no event shall the initiation fee and membership dues exceed the amount specified in the

Constitution and/or By-laws of the Union.

c) Where lawful, any Employee required to pay an agency fee, membership dues, initiation or reinstatement fee as a condition of continued employment fails to tender the agency fee or initiation, reinstatement, or periodic dues uniformly required, shall be mail notified in writing of his delinquency. A copy of such communication shall be mailed to the Company not later than fifteen (15) days prior to such request that the Company take final action on delinquency. The

Company will within ten (10) workdays after receipt of notice from the Union, discharge any Employee who is not in good standing in the Union or fails to pay applicable agency fees as required by paragraphs a) – c) of the Article. Any

Employee so discharged shall be deemed to be discharged for “just cause.”

“Good standing” is defined as compliance with standards permitted by NLRB and court decisions relating to Union shop requirements.

d) The Company agrees to deduct from an Employee’s payroll check, Union dues, initiation fees assessments, or agency fees for all Employees covered by this

Agreement, provided that the Union or the Employee delivers to the Company a written authorization to make such deductions, signed by the Employee, irrevocable for one year or the expiration date of this Agreement, whichever shall occur sooner. The Company shall make deductions for each member or agency fee payer from the bi-weekly paychecks of such member or agency fee payer each month.

e) Deductions provided in Section (D) shall be remitted to the IAM&AW General

Secretary-Treasurer, 9000 Machinists Place, Upper Marlboro, MD 20772, no later than the tenth (10th) day of the month following the month in which the deductions were made and shall include all deductions made in the previous month. The Company shall furnish the IAM&AW General Secretary-Treasurer monthly, with a record of those for whom deductions have been made and the amounts of the deduction, and the names of those employees from whom deductions were not made and the reasons they were not made.

f) Should an Employee be promoted or transferred to a manager/salaried classification not covered by the Agreement, the Company shall cease deducting applicable service fees or dues from such Employee. When ceasing to deduct applicable service fees or dues for reason cited in this section, the Company shall notify the Representative.

g) Nothing contained in the Article shall be construed to require the Company to violate any applicable law. It is understood and agreed that the Union will defend, save, hold harmless and indemnify the Company from any and all claims, demands, suits or any other forms of liability that shall arise out of the execution, placing in effect or carrying out of the terms of this Article by the Company.

06.00 - SHOP STEWARDS

06.01 The Union will provide the Company with a list of current shop stewards upon request from the Company.

06.02 The Union will provide the Company the name (in writing or by e-mail) of the designated Chief Shop Steward, and Shop Stewards, one of which will be the alternate

Chief Steward in the absence of the Chief Steward.

The Chief/Shop Steward shall be empowered to investigate and present a grievance in accordance with the provisions of this Agreement. The conduct of Union business will be scheduled so that no Employee including the Chief/Shop Steward is interrupted during paid working time. However, should a Steward want to conduct Union business matters of a serious and time sensitive nature during scheduled working hours, as herein set forth, he shall request permission from his immediate Supervisor or the Site Lead and state the Union business he desires to conduct on Company time. Such permission shall be granted unless it should substantially interfere with operations. He shall report to his Site Lead upon completing each function. Such time shall be kept to a minimum.

06.03 The number and locations of Stewards may be adjusted by mutual agreement to compensate for facility and population changes.

06.04 BUSINESS REPRESENTATIVES AND AEROSPACE COORDINATORS

Fulltime Business Representatives and Aerospace Coordinators may have access to the company’s operations for the purpose of servicing the Agreement. Such visits shall be subject to government regulation and company requirements. The Business

Representative or Aerospace Coordinator will notify the Site Manager to agree on the date/time for the visit. The Business Representative or Aerospace Coordinator may discuss issues with Employees on normal working hours on a not to interfere basis.

06.05 The Chief Steward, or his/her designee, shall be allotted time during new hire orientation for introductions.

06.06 To obtain a Shop Steward, an Employee shall make a verbal request to his Site Lead for the Shop Steward to be sent to the location of the Employee. Such request shall not be unreasonably withheld.

06.07 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/Employee’s official work assignment shall be arranged in a manner to minimize interruption of work flow.

When the Steward finds it necessary to discuss a problem or labor-management disagreement with a unit Employee and/or management official, the Steward shall request permission to leave his/her work assignment from his/her Site Lead. In each instance, the Site Lead’s permission will be granted unless he determines compelling work commitments dictate otherwise. If permission is initially denied, the Site Lead shall establish an alternate time which shall be no later than the end of the Employee's next work day, at which time the Steward can contact the Employee. Stewards shall not handle any grievance arising outside of his/her assigned area of representation, except however, a Steward may represent the area of another Steward who is absent from work.

The scope of the Steward's activities on Company time shall be limited to the following:

a. To consult with an Employee regarding an alleged grievance or the presentation of a grievance for which the Employee desires the Steward to be present.

b. To investigate an alleged grievance or a grievance of record before presentation to the appropriate supervisor/manager.

c. To present an alleged grievance or a 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.

d. 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.

e. During an investigation in which it is determined by supervision that an Employee may be subject to discipline, said Employee shall be advised of his right to Union representation. If requested, his Shop Steward shall be provided.

f. To consult with the Chief Steward regarding a grievance or an alleged grievance.

07.00 – NEW JOBS

07.01 If, during the term of this Agreement, it becomes necessary for the Company to establish new job classifications within the bargaining unit, the Company and the Union shall mutually agree upon the proper rate range for the new position. Operations shall not be delayed through failure to immediately agree upon a wage rate applicable to such job classification. In the event the parties fail to come to an agreement on the wage rate of a new job, the matter shall be submitted to binding arbitration under the applicable article of this Agreement and the Arbitrator shall have the authority to establish the rate of pay for any new job classification challenged under this Article.

08.00 - NO STRIKE / NO LOCKOUT CLAUSE

08.01 The Union agrees that neither it nor any of the Employees in the bargaining unit, covered by this Agreement will collectively or individually engage in or participate in any strike, sympathy strike, slowdown or stoppage of work during the term of this

Agreement and the Company agrees that during the term of this Agreement it will not lock out any of the Employees covered by this Agreement.

09.00 – SECURITY

09.01 The Union recognizes that the Company may now have, or may incur in the future, obligations with respect to the security of information and materials under contract with the Government. The Union agrees that nothing contained in this Agreement shall place the Company in violation of security agreements with the Government.

09.02 It is understood by and between the parties hereto that as a necessary condition of continued employment, Employees shall be subject to investigation for security clearance or national agency check and/or unescorted entry authorization under regulations prescribed by the Department of Defense, or other agencies of the United

States Government on government work, and that denial of such clearance and/or unescorted entry authorization by such governmental agency shall be cause for release from the Company due to inability to meet job requirements.

It is understood that there shall be no liability on the part of the Company for any release growing out of the denial of clearance and/or unescorted entry authorization by the

United States Government.

09.03 The Company will reinstate the seniority of an Employee who’s denied security clearance is reinstated by the Federal Government. A non-probationary Employee who loses his security clearance or site access for any reason will not lose his seniority until final adjudication of his appeal. Any Employee whose seniority is reinstated under this provision will be reinstated in his previously held occupational title.

10.00 – GENERAL

10.01 The Union acknowledges the responsibilities of the Company's operation as they are related to the support of the Customer’s objectives. The parties realize the Customer may, from time to time, make unusual and immediate demands in conjunction with support requirements. Consequently, all personnel may be called upon to perform whatever duties are required for adequate performance of support requirements for the mission and operational capabilities. Any permanent/ongoing changes will have to be negotiated between the parties, for incorporation into this agreement.

10.02 CHANGE OF ADDRESS

Employees are responsible for notifying the Company of their proper mailing address and current telephone number. Laid off Employees are also responsible to notify the Company of their proper mailing address and current telephone number to maintain recall rights. The

Company shall be entitled to rely upon its records and shall be held harmless for any action that may arise out of said reliance.

10.03 RESIGNATION

Employees are requested to give at least a two (2) week notice of intent to resign.

10.04 BULLETIN BOARDS

The Company agrees to provide a bulletin board for posting of Union Material. Material posted shall be limited to notices of Union meetings, Union newsletters, Union recreational and social activities, and any other Official Union business. Such bulletin boards shall be maintained by the Shop Steward, or alternate Steward, in the Steward’s absence.

10.05 NON-BARGAINING UNIT PERSONNEL

Non bargaining unit personnel may temporarily (for a maximum of 1 month, unless mutually agreed upon by both parties) perform the work of or with unit Employees, provided such work does not result in layoff, reduction of hours or earning opportunities or benefits. Such temporary work may be performed 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.

c. Up to two (2) hours when an Employee fails to report to work, and other qualified

Employees are not available in the classification.

d. Supervisor may perform Bargaining Unit work when a temporary increase in workload or Employee absences may cause the work schedule to be delayed, causing operational problems.

e. Lack of necessary skills required to complete a specific task.

10.06 SHUTDOWNS

If there is a temporary shutdown of operations in any specific site effort and/or no work is available due to funding constraints, Employees will be given a forty-eight (48) hour notice, whenever possible. The Employee may take PTO or time off without pay.

10.07 EDUCATION ASSISTANCE

Employees will be able to participate in the Company sponsored Education Assistance

Program in accordance with the Company Policy and procedure. Such participation will be subject to qualifications and budgetary limitations.

10.08 TRAINING & NEW TECHNOLOGY

Employees in accordance with provisions of this Agreement, shall be given training, guidance and orientation as are normally necessary to perform the work of their classification or job assignment.

It is the Company's policy, when possible, to assure that training is available for its

Employees, so that they may have the opportunity to acquire the knowledge and skills required by the introduction of new technology. The Company will provide notification to the Union full-time Business Representative, or his designee, of the Company's plans for the introduction of new technology which may affect the Employees. This notification will inform the Union of anticipated schedules of introduction of new technology and will identify areas of skill impacts and any training programs associated with those impacts. The Union, and its representatives, will protect the confidentiality of Company sensitive and proprietary information disclosed in the notification. The

Company will provide Employees in the affected classification(s) in the bargaining unit with the opportunity to volunteer for the training. The Company will select Employees based on their qualifications within the area of work involved. If more than one

Employee is equally qualified to perform the work, the most senior Employee will be selected.

10.09 SUCCESSORS

The provisions of this Agreement shall be binding upon the Company and its successors, assigns, or future purchasers.

11.00 – SAFETY

11.01 SAFETY

The Company and the Union shall use every effort to assure compliance with established State, Federal, and Government safety and health rules and regulations.

The Chief Steward, or his designee, will be the Union Safety Representative on joint safety committees and be a member of the site safety council.

It is understood that the concept of perform the work-grieve after will be adhered to unless there is an imminent threat to the health and welfare of the Employee or others.

In the interest of continued safety of individuals and their fellow Employees any

Employee returning to work following a medical leave of absence or documented inability to perform the assigned duties and responsibilities, may be required through

Government regulations or by the Company to undergo a medical examination by a doctor of the Company’s selection, paid for by the Company. If the diagnosis or examination is not satisfactory to the Employee, the Employee may request another diagnosis or examination by a doctor of the Employee’s choosing. If a disagreement still exists, an additional doctor, mutually agreed upon by the Company and the Union, will be required for the Employee’s examination.

If the third doctor’s diagnosis/ analysis concurs with the Employee’s doctor, the

Company shall pay for the services of the mutually agreed upon doctor. If the diagnosis/ analysis of the third doctor does not concur with the Employee’s doctor, the Employee who gave rise to the dispute shall be responsible to pay for the services of the mutually agreed doctor.

All examinations related to employment, whether required by virtue of employment with the Company or requested/directed by the Company, (Medical exams, Respiratory exams, Chest x-rays, Physical exams, CDL license testing, License exams. etc.) shall be at the Company’s expense and the Employee shall be paid by the Company for all time spent while submitting to any examination. The Company may select a physician from the nearest locality of the individuals work site.

12.00 - LAYOFFS AND RECALL

12.01 When it becomes necessary to reduce the number of Employees in a classification, probationary Employees shall be laid off first, and then if the need to lay off other

Employees still exists, the Employees in a job classification shall be laid off in accordance with reverse seniority, provided they possess the qualifications and certifications to perform the work, without additional training beyond familiarization.

12.02 LAYOFF AND REGRESSION

In the event of a layoff, the Company agrees to give a two (2) week notice, when possible, to the Employees affected. The Union will be notified of a layoff in advance of the layoff.

At the location where the layoff occurs, an Employee laid off pursuant to 12.01 of this

Article, may bump a less senior Employee in an equal paid classification or a lower paid classification, if the bumping Employee has more seniority than the Employee that he will bump and is qualified/certified to perform the work without additional training beyond familiarization. If the Employee is eligible to bump into more than one (1) classification, he may choose the classification in which to bump. If an Employee takes layoff in lieu of exercising his right to bump another Employee, that Employee will lose his right to displace another Employee based on his seniority or recall rights.

Displacement rights must be exercised within five (5) working days after an employee is notified that a layoff will take place. The Company shall notify the employee of his/her/their displacement rights at the time of notification of layoff. Failure to indicate his/her/their election to exercise this displacement right within this time frame will be considered as acceptance of layoff.

Qualified for purposes of displacement is defined as demonstrating past successful performance and qualifications in job classification as defined by the Performance

Work Statement and documented as such on applicable training and/or employment records.

12.03 RECALL

Employees laid off will be recalled as follows:

a. Laid off/or displaced Employees will be recalled, by job classification, in the inverse order of their layoff. Employees recalled must possess the qualifications and/or certifications to perform the work without additional training beyond familiarization.

b. The Company will send recall notices, by certified mail, to the Employee's last official address. The Company will also notify the Union of the recall and of those being recalled. The Employee has three (3) working days after receipt by the

Employee of the notice to accept re-employment, the Employee will have up to five

(5) working days to report for work, unless extended by the company. Employees have a period of recalls rights for eighteen (18) months. After that period, he/she forfeits all recall rights.

c. If no laid off Employees in a job classification, who are recalled, accept re-employment, then laid off Employees outside the job classification, who are qualified in the classification, will be recalled as in Section 12.03a above.

d. Subject to Article 14, new Employees will be hired if no laid off Employees, who qualify for the job classification, accept re-employment as outlined in this section.

12.04 For layoff, transfer, and recall purposes, the Chief Steward and Shop Stewards shall have top seniority so long as there is work available which they are qualified to perform in accordance with PWS requirements. The Chief Steward shall have the top seniority as it relates to Articles 12 of this Agreement.

13.00 - COMPLETE AGREEMENT

13.01 The parties acknowledge that during the negotiations which resulted in this Agreement, each had the right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from collective bargaining and that the agreements arrived at by the parties are set forth in this Agreement. Therefore, the parties, for the life of this Agreement, agree that the other shall not be obligated, except as provided in this Agreement, to bargain collectively with respect to any subject referred to or covered in this Agreement. Furthermore, the parties waive the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject matter not referred to or covered by this Agreement, even if such subject may not have been known or contemplated of any of the parties at the time this Agreement was negotiated or signed.

14.00 – PROMOTIONS / TRANSFERS

14.01 PROMOTIONS

A promotion means the advancement of an Employee from one job classification to another job classification with a higher rate of pay. Any Employee who has successfully completed the ninety (90) day probationary period, will have the opportunity to apply for a promotion or transfer for a different position in the Company.

14.02 JOB VACANCIES

The Company and the Union clearly recognize the Company’s right to determine staffing levels within the Company. The Company therefore maintains the right to assign personnel within the Company and to determine when there is a permanent job vacancy. When the Company determines that a permanent job vacancy exists, the

Company will post the vacancy prior to hiring from outside the bargaining unit. The

Company will post all job vacancies within the unit provided no Employee has recall rights to the open position as defined in Article 12.00, Section 12.03. The job vacancy will be posted for five (5) working days. The posting notice shall state the job classification, special training, experience, or certification required (if any) and the closing hour and date of the posting period. The posting notice will be posted on the

Company bulletin board and the Chief Steward shall be notified. Employees who desire to bid for the posted vacancy may do so by applying for the position via Workday.

14.03 SELECTION

Within five (5) working days after the close of the posting period, the Program Manager shall determine which of the bidders are qualified (minimum requirements) to perform in the posted position. The position will be awarded to the senior bidder that meets the qualifications of the job. The successful bidder shall be assigned to his/her new job within ten (10) workings days after the job has been awarded.

If there are no qualified bidders, the Company has the right to fill job vacancies by new hires or rehires. If the job vacancy is not filled within sixty (60) days after the posting is closed, the vacancy will be reposted in accordance with 14.02 herein.

14.04 NEW JOB PERFORMANCE

When an Employee is awarded a posted job and fails to satisfactorily perform the duties of the position within one hundred and twenty (120) days after assuming the position, the Employee will be returned to the position last held prior to award of such promotion.

The Company may temporarily upgrade an Employee to perform in a higher classification. The Employee shall receive the rate of the higher classification if he works for a minimum of one (1) hour in that classification. If an Employee is assigned temporarily to a lower paid classification such Employee shall not suffer a reduction in pay rate.

VOLUNTARY STEP DOWN

Employees wanting to step down from their current classification may do so. The following procedure applies:

1) The Employee must submit their request in writing to their supervisor/manager.

2) The Employee must step down to the next lower classification. If no vacancies exist, or no one in that classification wishes to move the

Employee may step down to the next lower classification and so on.

3) The position vacated by the stepped down Employee will be filled in accordance with the promotion process in 14.01.

4) Any vacancies resulting from actions in Steps 1 & 2 above will be filled in accordance with the promotion process in 14.01.

5) No Employee in any classification can be forced to accept a promotion. In the event no vacancies exist or will exist because of an Employee’s right to refuse a promotion the step down will not occur.

6) A position will not be created solely due to an individual choosing to step down.

15.00 - DISCHARGE AND DISCIPLINARY ACTION

15.01 The Company shall have the right to discipline Employees for just cause by reprimand, suspension without pay or discharge for violation or infraction of the Company’s

Disciplinary Guide. The Company agrees to notify the Union, in writing, of any action taken under this section.

15.02 The disciplined Employee will have a Steward present.

15.03 A documented verbal warning shall not be used for purposes of progressive discipline after a period of six (6) months.

15.04 A written warning and/or suspension shall not be used for purposes of progressive discipline after a period of one (1) year.

15.05 An incident of workplace violence shall result in immediate termination.

15.06 Discipline shall be given for violation of work rules within fifteen (15) workdays after the Company becomes aware, or should have reasonably known, of the violation(s), unless extended by mutual agreement of the Union and Company.

16.00 – SENIORITY

16.01 PROBATIONARY PERIOD

Any Employee who has been in the employment of the Company for ninety (90) consecutive calendar days shall be considered a Seniority Employee of the Company.

During the probationary period the Employee shall be subject to layoff, discipline or discharge at the sole discretion of the Company, and such action shall not be subject to the grievance procedure.

DEFINITIONS

a. Seniority is defined as including the whole span of continuous service with the present contractor, or successor, and with predecessor contractors, in the performance of similar work at the same Federal facility. Employees hired following ratification of this Agreement will have their seniority begin on the date of entry into bargaining unit.

1. When two (2) or more Employees have the same seniority date as herein provided, the Employee having the lowest last four (4) numbers of his/her social security number shall be considered having the least seniority for tie breaking purposes.

b. Seniority will not be broken for:

1. periods of approved absence with leave less than one (1) year

2. periods of layoff due to lack of work

3. periods of absence due to injury or illness less than one (1) year

Periods of absence set forth in 2 and 3 shall not exceed one (1) year. In the case of occupational injuries, continuous employment will be for the length of the disability.

16.02 LOSS OF SENIORITY

All seniority of any Employee shall terminate if the Employee:

a. Resigns.

b. Discharged for just cause.

c. Is on layoff status in excess of 18 months.

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

e. Unexcused absence, without notification, from work for a period of three (3) consecutive workdays. Exceptions may be made due to extreme circumstances beyond the Employee’s control.

f. Is barred by the customer's written order or whose security clearance has been revoked and is not legally reinstated. This paragraph is subject to the conditions noted in Article 09.00.

g. Refuses recall.

h. Accepts employment with another Employer while on approved leave of absence without the company’s knowledge.

i. An Employee who has established seniority rights within the bargaining unit and who is transferred to a position not covered by this agreement shall retain seniority for a period of ninety (90) calendar days.

16.03 SENIORITY LIST

A seniority list will be maintained by the Company and will be made available to the

Union semi-annually. The Company will also furnish a list to the Union Chief Steward reflecting new hires or rehires, their classification, date of hire, and termination or layoff dates, when such events occur. The Union will treat the seniority list as a

Company Proprietary Document.

17.00 - TEMPORARY DUTY ASSIGNMENTS (TDY)

17.01 Employees shall first be selected by the Company for temporary duty assignments away from the site by senior eligible qualified volunteers from the classification(s) needed to support the mission. The Company reserves the right to make exceptions to the selection process where the mission dictates. Certain missions may dictate specific qualifications, which supersede seniority. When the mission dictates such exceptions the Shop Steward will be informed of the reasons.

Employees who are on or have scheduled PTO which begins during the temporary assignment are ineligible for the assignment. However, in the absence of qualified volunteers, these Employees may volunteer for the assignment provided their PTO can be rescheduled and taken during the current PTO year or carry over the PTO time to the next year in accordance with Article 24.02 (a).

An Employee who has accepted or is currently assigned to a TDY mission will not be eligible for a subsequent TDY mission until the original mission is either completed or canceled.

Employees will be given five days or as much notice as possible of any impending

TDY mission.

Employees who volunteer for or decline the mission may not subsequently alter their decision except in the case of a bona fide emergency or to prevent the least senior

Employee from being involuntarily assigned. If there is more than one volunteer, the senior qualified volunteer will be assigned the TDY mission. In no case will the reselection delay deploying the TDY mission.

If the assignment is not made from senior qualified volunteers as stated above, the least senior qualified Employee may be assigned if the Employee meets the requirements of the first paragraph in 17.01. Least senior qualified Employees will not be scheduled involuntarily on back-to-back TDY assignments unless there are no other qualified

Employees to perform the assignment.

Employees who are temporarily assigned away from the site, to which they are permanently assigned to perform work for the Company, will be issued a Company

Credit Card to be used for authorized travel expenses. Such Employees will be reimbursed for travel expenses in accordance with the Joint Travel Regulations provided the Employee complies with said regulations. The Joint Travel Regulations will be made available to the Union upon request. Any additional cost for reasonable lodging above the rates listed in the JTR, if approved by the Program Manager will be paid by the Company upon presentation of the receipts by the Employee.

While an Employee assigned to such Temporary Duty Assignment (TDY) is traveling to that Temporary Duty Assignment (TDY) assignment and returning to his regular workstation from such assignment, he/she shall be paid, at the regular rate for all travel in accordance with the following. If traveling by commercial airlines, the Employee shall be allowed actual travel time from home to the destination worksite or quarters.

Upon return, the Employee will be allowed actual travel time from the worksite or quarters to home. The Company reserves the right to determine the reasonableness of travel time. If the Employee travels by personally owned vehicle (POV) or company provided vehicle, and the use of such conveyance is Company-directed, the actual time of travel from departure to arrival at the worksite or quarters will be used for the travel time. For travel by POV or Company provided vehicle, travel shall not exceed twelve

(12) hours in a twenty-four (24) hour period. Travel time is considered time worked for the purpose of computing overtime.

17.02 Employees assigned to a TDY mission, who have not been issued a Company Credit

Card, will be provided a travel advance.

17.03 Government guidelines shall determine whether deployment is in a Hazardous Duty area and, if so, the Hazardous Duty pay associated with such assignment.

18.00 - ADJUSTMENT OF GRIEVANCES

18.01 "Grievances" shall mean and be limited to disputes or difference(s) 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:

STEP ONE:

The employee(s), with their Steward if available, shall promptly bring a grievance to

Supervisor or designee in writing. In the event an employee is unavoidably absent due to illness or injury or unavailable due to PTO or other approved reasons, the employee's Union representative may bring the grievance to the supervisor. If such grievance is not settled within five (5) working days, then:

STEP TWO:

A written grievance must be signed by the Steward and set forth a statement of grievance and the article or section of the agreement which is claimed to have been violated and taken up by the Shop Steward with the Program and /or Site Manager or his designee, and a meeting will be scheduled within five (5) subsequent working days. If no agreement has been reached within ten (10) working days, the grievance may be moved to Step Three.

STEP THREE:

The Company’s Labor Relations representative or designee, and the Business

Representative of the Union or his designee shall meet in person or by telephone within ten (10) working days after receipt of the grievance into a third step. A written reply from the Company will be given to the Business Representative or his designee within ten (10) working days after the meeting. If no agreement has been reached within ten (10) working days, either party may submit the grievance or dispute to arbitration as covered in Article 19.00.

18.02 All settlements must be consistent with the terms and conditions of the Agreement.

Time limits may be extended by mutual agreements of both parties.

Any aggrieved Employee and Union representative shall have the right to be present at any stage of the grievance procedure in which the grievance is being considered. No

Employee may leave the job, take up, or settle a grievance without requesting permission from the immediate supervisor. Such permission will be granted provided it does not retard or interfere with operations or create a hazardous condition. If permission cannot be granted, time limits will be waived until permission is granted.

Witnesses called by either party may attend the grievance meeting at any step, subject to the same provisions above outlined for attendance of an aggrieved Employee.

In cases involving suspension or discharge, Step One will be waived and the matter taken up with the Site Manager or his designee within five (5) working days following such action by the Company.

18.03 Authorized Stewards shall have the right to examine time sheets and other records pertaining to the computation of compensation of any individual or individuals whose pay is in dispute or other records pertaining to a specific grievance. Compensation will be paid for reasonable time spent discussing or investigating grievances during the

Shop Steward’s normal work schedules.

The Union shall have authority, with respect to any Employee covered by this

Agreement, to decline to process a grievance, compliant or dispute if in the judgement of the Union such grievance or dispute lacks merit or justification under the terms of this Agreement or has been adjusted or justified under the terms of the Agreement to the satisfaction of the Union.

POLICY GRIEVANCES

It is understood that the Chief Steward may file grievances on behalf of the Union’s interests under this agreement. Therefore, if a grievance pertains to the Company’s interpretation of the intent and purpose of the application of a specific article and section of this agreement, the grievance may be filed by the Chief Steward on behalf of the Union.

Further, if a grievance relates to policy and affects numerous Employees, the grievance shall be consolidated and filed by the Chief Steward on behalf of a group of Employees.

Otherwise, grievances shall be filed and signed by the Employee involved or affected.

19.00 - ARBITRATION PROCEDURE

19.01 The party choosing to arbitrate shall give written notice to the other party setting forth the matter to be arbitrated. If said notice is not served within the fourteen (14) day period specified in Step Three of Article 18.01c, it shall be deemed that the grievance has been satisfactorily adjusted and the right to arbitrate waived.

19.02 In the event the Union or the Company submits a grievance to arbitration, a representative selected by the Union shall meet with a representative selected by the

Company within five (5) workdays of receipt of the above notice and attempt to agree on an arbitrator. In the event the parties cannot agree on an arbitrator within five (5) working days, the parties will petition the Federal Mediation and Conciliation Service for a panel of seven (7) arbitrators.

In the latter case, the petitioner has the first right to strike a name; the other party shall then strike a name. This procedure shall continue alternately until one name remains.

19.03 The decision of the arbitrator shall be final and binding on all parties. However, the

Arbitrator shall not have jurisdiction or authority to add to, subtract from, modify or in any way change the provisions of this agreement. The expense and fees of the

Arbitrator shall be borne equally by both parties.

20.00 - HOURS OF WORK

20.01 The workweek will begin at 00:00 Saturday and end at 23:59 the following Friday. The normal operating periods for each Employee shall consist of five (5) consecutive days per week from Monday through Friday. The pay week begins at 00:00 Saturday and ends the following Friday at 23:59.

20.02 All bargaining unit work schedules shall have two (2) paid fifteen (15) minute break periods. There shall be one (1) unpaid thirty (30) minute meal period for each shift.

Schedules other than those outlined above may be arranged by mutual agreement by the parties.

20.03 Three (3) calendar days’ notice will normally be given for schedule and shift changes.

Changes to the schedule and/or shift may be made at any time by mutual agreement of the parties.

20.04 In the event of an emergency condition as determined by the Commanding Officer of MCAS

Beaufort, SC and when normal operations are suspended, employees covered by this

Agreement shall follow the direction of the installation. As a result of or in the event that the

Company is prevented from assigning work to employees covered by this Agreement employees shall receive pay at their base rate of pay up to thirty-six (36) hours annually.

20.05 The starting and stopping times of the various shifts will be as follows:

First Shift

0600 to 1530 Monday through Thursday

0600 to 1430 Friday

All employees will be on the Compressed Work Schedule (CWS). Eight weekdays are worked at 9 hours each, one weekday (Friday) is alternately worked as 8 hours and one weekday (Friday) is not worked by the employee. This results in 80 hours worked every two (2) weeks.

Starting times may be adjusted for operational requirements, up to two hours, with stop times adjusted accordingly.

The Company shall not alter the Employees assigned work schedule to avoid the payment overtime.

Work schedule modifications may ONLY occur with prior notification and approval of the Program Manager. Requests for work schedule modifications will not be unreasonably denied.

20.06 Should it be necessary to schedule Employees for seven (7) day coverage, no

Employee(s) shall be required to work more than twelve (12) consecutive days without being given a normal weekend (two consecutive days) off.

21.00 – OVERTIME

21.01 There shall be no guarantee of overtime or a certain number of hours worked per week.

21.02 Overtime, at one and one-half (1½) times the regular straight time rate, will be paid for:

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

b. For the purpose of computing overtime, the work week and the payroll week shall be one and the same.

21.03 WORK IN EXCESS OF THE NORMAL WORKWEEK

In the event the Employee works more than five (5) days within the pay week, any hours worked over forty (40) on the sixth (6) day will be paid at one and a half (1.5) times the

Employees working rate.

In the event the Employee works more than six (6) days within the pay week, any hours worked over forty (40) on the seventh (7) day will be paid at two (2) times the Employees working rate.

21.04 There shall be no duplication or pyramiding of overtime or premium payments.

21.05 The Company agrees to assign overtime among senior Employees by classification. To this end, the following procedure will be followed:

a. When the Company determines that daily overtime work is required, qualified

Employees presently at work on the shift in the classification(s) needed to perform the work who have the most seniority will be offered the work first. Should the

Employee decline, the next senior qualified Employee in that classification and shift presently at work will be offered the work, and this sequence will be followed until the required number is obtained. Should the required number not be obtained in a voluntary manner because all Employees presently at work decline to work the overtime assignment, the Company shall assign the work to the qualified Employee on the shift in the classification with the least seniority, and this Employee shall perform the work assignment.

The Company shall endeavor to distribute available overtime work as equitable as practicable within the work classifications provided, however employees assigned must be qualified to perform the work. Overtime shall be offered in accordance with (IAW), an equalization roster, starting with the most senior qualified employee.