Attachment 2 CBA PATCO AST 2018_2023.pdf

MASTER COLLECTIVE BARGAINING AGREEMENT

BETWEEN

ATMOSPHERIC SCIENCE TECHNOLOGY, LLC

AND

PROFESSIONAL AIR TRAFFIC CONTROLLERS ORGANIZATION

(PATCO)

FOR THE NAVY WEATHER CONTRACT SITES AS IDENTIFIED IN

APPENDIX A

TABLE OF CONTENTS

Article 1. Recognition

1.1 Recognition

1.2 Definition of the Unit

1.3 Part-Time Employees

1.4 Supervisor

Article 2. Union Rights and Duties

2.1 Union Stewards

2.2 Steward Activity

2.3 Bulletin Board

2.4 Union Visitation

2.5 Union Insignia

2.6 Protected Activity

2.7 Contract Negotiation

Article 3. Management Rights

3.1 Management Rights

Article 4. Union Security

4.1 Dues Deductions

4.2 Dues Deduction

4.3 Dues Remittance

4.4 New Hires

4.5 Employee Information

4.6 Hours Information

4.7 PAC Deductions

Article 5. Dignity And Respect

5.1 Dignity and Respect

5.2 No Discrimination

Article 6. Employee Rights

6.1 Section 1

6.2 Section 2

6.3 Section 3

6.4 Section 4

6.5 Section 5

6.6 Section 6

6.7 Section 7

6.8 Section 8

6.9 Section 9

6.10 Section 10

6.11 Section 11

6.12 Section 12

Article 7. Union Rights

7.1 Section 1

7.2 Section 2

7.3 Section 3

Article 8. Health and Safety

8.1 Section 1. General

Article 9. Hours and Scheduling

9.1 Section 1. Standard Workweek

9.2 Section 2. Overtime

9.3 Section 3. Scheduling

9.4 Section 4. Reduction in Hours

9.5 Section 5. Fair Labor Standards Act (FLSA)

Article 10. Job Security

10.1 Section 1. Seniority

10.2 Section 2. Loss of Seniority

10.3 Section 3. Layoff Provisions

10.4 Section 4. No New Hires

10.5 Section 5. Severance Pay for Observer Displacement

Article 11. Discharge and Discipline

11.1 Section 1. Just Cause

11.2 Section 2. Conference

11.3 Section 3. Personnel Files

11.3 Section 3. Personnel Files

11.4 Section 4. Timely Write-Ups

11.5 Section 5. Cleaning the Files

11.6 Section 6. Polygraph Tests

11.7 Section 7. Substance Test

Article 12. Settling Disputes and Grievances

12.1 Section 1. Right to File

12.2 Section 2. Timely Filing

12.3 Section 3. Steps of the Grievance Procedure

12.4 Section 4. Time Bar

12.5 Section 5. Appeal to Arbitration

12.6 Section 6. Arbitration Binding

12.7 Section 7. Arbitration Costs

Article 13. Probation

13.1 Section 1. Definition

13.2 Section 2. Credits Upon Completion

Article 14. Pay Day

14.1 Section 1. Date and Time

14.2 Section 2. Vacation Pay

Article 15. Leaves of Absence

15.1 Section 1. Personal Leave

15.2 Section 2. Medical Leave

15.3 Section 3. On-the-Job Injury

15.4 Section 4. Return from Leave Status

15.5 Section 5. Military Duty

Article 16. Health and Welfare

16.1 Section 1. Health and Welfare Benefit

16.2 Section 2. Health and Welfare Benefit Contribution

Article 17. Funeral Leave

17.1 Section 1

Article 18. Court Duty

18.1 Section 1. Jury Duty

18.2 Section 2. Witness Duty

Article 19. Holidays and Paid Leave Policy

19.1 Section 1. Holidays

19.2 Section 2. Personal Days

19.3 Section 3. Eligibilty

19.4 Section 4. Worked Holidays

Article 20. Vacation

20.1 Section 1. Vacation Eligibility

20.2 Section 2. Vacation Schedule

20.3 Section 3. Selling Back

20.4 Section 4. Single Day Vacation

20.5 Section 5. Unused Vacation Distribution

Article 21. No Strike

21.1 Section 1. No Strike/Lockout

Article 22. Wage Scales and Compensation

22.1 Section 1. Wage Scales

22.2 Section 2. Sunday Shift Differential

22.3 Section 3. Night Shift Differential

22.4 Section 4. No Pyramiding

Article 23. Successor Clause

23.1 Section 1. Successorship and Right of First Refusal

Article 24. No Subcontracting

24.1 Section 1. No Subcontracting

Article 25. Separability

25.1 Section 1. Separability

Article 26. Master Agreement/Voluntary Recognition

26.1 Section 1. Master Agreement

26.2 Section 2. Voluntary Recognition and Negotiation

Article 27. Security

27.1 Section 1. Worker Station Security

Article 28. Performance Appraisals

28.1 Section 1. Performance Appraisals

Article 29. Exception

29.1 Section 1. Exception

Article 30. Duration

30.1 Section 1. Duration

Addendum

Introduction

This Agreement made and entered by and between Atmospheric Science Technology, LLC (AST) hereinafter referred to as the “Employer” or the “Company” and the Professional Air Traffic Controllers Organization (PATCO) NUHHCE, AFSCME, ALF-CIO, hereinafter referred to as the “Union” or “PATCO” who hereby agree to be bound to by the following terms and provisions:

Preamble

AST and PATCO agree to cooperate with one another in efforts to assure a harmonious and productive relationship, to serve the needs of the community and the public, and to meet the highest standards of service. AST and PATCO and the employees agree to act at all times in such a manner to assure fair, just, and equitable treatment for labor and management. Because of these commitments and understandings, AST and PATCO do herby agree to the following:

ARTICLE 1. RECOGNITION

This section contains information about the total budget, labor hours, and costs. Cost and labor hours are within budget.

1.1 RECOGNITION.

The Company recognizes PATCO as the exclusive representative for the purpose of collective bargaining with respect to wages, hours, and all other conditions of employment for all employees in the bargaining units described in Section 2 of this Article for the Navy Weather Contract with specific sites as identified in Appendix A.

1.2 DEFINITION OF THE UNIT.

For the purpose of this Agreement, the term “employee” shall mean all employees, including but not limited to, full-time and part-time employees employed at “see addendums” Weather Station in the bargaining unit which includes the following job classifications:

Weather Observers Weather Forecasters Senior Observers Senior Forecasters

1.3 PART-TIME EMPLOYEES.

Part-time employees shall be entitled to all benefits provided for in this Agreement on a prorated basis.

1.4 SUPERVISOR.

There shall be a full-time supervisor under this contract. The supervisor’s pay will be in accordance with the rate attached in Appendix A. The Company reserves the right to appoint the supervisor.

ARTICLE 2. UNION RIGHTS AND DUTIES

2.1 UNION STEWARDS.

The Employer recognizes the right of the Union to designate Union stewards. Upon appointment by the Union, the Employer will be notified by the steward, in writing of their names and the shifts on which they will function. Written notification will be furnished by the Union to the Employer of any changes and the names of any replacements.

2.2 STEWARD ACTIVITY.

Steward activity may be conducted on work time provided that there is no interference with work or the operations of the Company.

2.3 BULLETIN BOARD.

The Company shall provide space on existing bulletin boards or posting areas for use by the Union. The posting area must be in a location where employees have regular access.

2.4 UNION VISITATION.

PATCO Representatives shall have the right to visit Company premises and work sites during working hours to settle or investigate grievances, observe employees working conditions or for any other purpose essential to the Union’s obligations to administer the Agreement. PATCO shall notify the employer’s designated representative when on the premises of the Company.

2.5 UNION INSIGNIA.

PATCO members shall have the right to wear buttons, patches, or pins during working hours without discrimination of harassment.

2.6 PROTECTED ACTIVITY.

The Company agrees that no employee shall be discharged, disciplined, or otherwise discriminated against in any way because of their membership in or legal and appropriate activities on behalf of the Union.

2.7 CONTRACT NEGOTIATION.

New employees, as part of orientation, shall be given a copy of the Agreement between the Employer and PATCO. A copy of the Agreement shall also be posted in the work station. If an explanation of the Agreement with the Company is necessary, a Union steward shall provide the explanation of the Agreement.

ARTICLE 3. MANAGEMENT RIGHTS

3.1 MANAGEMENT RIGHTS.

Management shall reserve all rights to manage their business, except as specifically modified by the Agreement or law.

ARTICLE 4. UNION SECURITY

4.1 DUES DEDUCTIONS.

All employees of the Company covered by this Agreement shall be covered under this collective bargaining agreement and are part of the bargaining unit. On the thirtieth (30) day of their employment, the employees will become and remain members in good standing of the Union. If the employees decline to become a member, they must decline in writing to the Union, where upon he/she will not be a member of the Union. He/she will continue to be covered by the Agreement and be represented by the Union. Dues deductions from nonmembers of the collective bargaining unit will be determined by Federal and State Labor Law.

4.2 DUES DEDUCTION.

After receiving an employee’s signed authorization form, the Company shall deduct from the employee’s pay each month, the regular membership dues, as fixed by PATCO. The amount of the regular membership dues for the employees shall be certified in writing by PATCO. For employees who work multiple job classifications, dues will be based off of the predominate classification.

4.3 DUES REMITTANCE.

The Company shall send the amounts deducted for monthly dues in addition to the names of the employees ten (10) days after the end of the month.

4.4 NEW HIRES.

Within thirty (30) days from their date of hire, the Company shall notify PATCO, in writing, of the name, address, home phone number, job classification, and work site of any new employees hired by the Company at any PATCO union site.

4.5 EMPLOYEE INFORMATION.

On October 1 of each year, the Company shall provide PATCO with a roster of all employees including their name, current address, current phone number, job classifications, and seniority dates at all sites belonging to the PATCO union managed by the company.

4.6 HOURS INFORMATION.

The Company agrees to furnish to PATCO upon request all relevant data necessary for the Union to carry out its duty to properly administer this Agreement. Such requests may include, but shall not be limited to, such information as hours worked per week by Union members, weekly scheduling information, seniority date calculation, benefit eligibilities, and other data the Union may deem necessary.

4.7 PAC DEDUCTIONS.

The Company shall also allow the same dues deduction procedure for the PATCO Political Action Committee (PAC) of such voluntary monthly contributions as may be stipulated by those Union members who sign valid authorizations to make such contributions to the PATCO PAC. Such contributions shall be no less than One Dollar ($1.00) per month and shall be maintained for the duration of the agreement once validly requested. PAC deductions are voluntary by the employees.

ARTICLE 5. DIGNITY AND RESPECT

5.1 DIGNITY AND RESPECT.

The Company and the immediate Supervisor at the station shall treat all employees with dignity and respect at all times.

The Company and its Supervisor at the station shall be considerate of all legitimate problems arising and brought forth by employees at the station in accordance with applicable law.

5.2 NO DISCRIMINATION.

There shall be no discrimination which violates any local, state, or federal law, including, but not limited to, discrimination based on race, color, creed, sex, pregnancy, sexual orientation, national origin, religion, age, handicap, or membership in, or activities on behalf of the Union.

ARTICLE 6. EMPLOYEE RIGHTS

6.1 SECTION 1.

Employees covered by this agreement shall have the protection of all of the rights to which they are entitled by the Constitution of the United States, the Constitution of the State where employed and any Rules, Regulations, or Policies of the Company not altered or amended by the Agreement. Rules, regulation, resolutions, or policies effecting employee’s wages, hours, and terms and conditions of employment will not be changed without prior negotiations unless such changes are consistent with this Agreement.

6.2 SECTION 2.

In any investigatory interview conducted by a representative of management, an employee shall be entitled to Union representation.

6.3 SECTION 3.

An employee is entitled to Union representation in any meeting with management or its representative in whom the employee believes may lead to disciplinary action.

6.4 SECTION 4.

An employee’s off-the-job conduct shall not result in disciplinary action unless the conduct is unlawful, or is determined by a third party to violate security clearance requirements.

6.5 SECTION 5.

No employee shall have disciplinary action taken against him/her because of a debt complaint. The Company shall not assist a creditor in collecting any debt unless required by court order or applicable law. Note: Significant debt or financial issues resulting in a loss of clearance or CAC access may result in termination. Section 4 would then apply.

6.6 SECTION 6.

Employee participation in charitable drives is voluntary, and no pressure shall be used to require such participation.

6.7 SECTION 7.

Employees shall not be subjected to prohibited personnel practices or policies.

6.8 SECTION 8.

No employee shall have disciplinary action taken against him based on anonymous sources.

6.9 SECTION 9.

Each employee shall be provided a copy of his current job description. Consistent with applicable law, changes in job descriptions which impact an employee’s terms and conditions of employment will be bargained. An employee assigned duties which are not reasonably related to his job description, or for which the employee has not had training, will not be negatively evaluated for the performance of such duties.

6.10 SECTION 10.

Nepotism policies, if any, shall be uniformly administered throughout the bargaining unit.

6.11 SECTION 11.

Employees temporarily assigned to a higher vacant position shall be compensated at the rate of five percent (5%) higher than their current rate. Employee’s temporarily assigned positions to a lower grade shall be compensated at their normal classification rate.

6.12 SECTION 12.

The Company will pay for or reimburse for all mandatory training and education.

ARTICLE 7. UNION RIGHTS

7.1 SECTION 1.

The Union may designate one representative for each facility represented by PATCO.

7.2 SECTION 2.

Union representatives and/or their designees shall be allowed to the work site for the purpose of enforcing this Agreement.

Site visits must be cleared with the appropriate site security office prior to scheduling. The Company will assist in arranging visits when possible.

7.3 SECTION 4.

The Company shall, upon Union request to vicki.rose@aq-ast.com, provide the Union on an annual basis an updated bargaining unit list including names, addresses, social security number, and position.

ARTICLE 8. HEALTH AND SAFETY

8.1 SECTION 1. GENERAL

The Company shall comply with all applicable federal, state, and local guidelines and regulation which call for providing safe and healthy working conditions and work sites for employees, and to make its best efforts to immediately rectify any unsafe condition brought to its attention by the employees or the Union.

ARTICLE 9. HOURS AND SCHEDULING

9.1 SECTION 1. STANDARD WORKWEEK

The standard workweek shall be defined as forty (40) hours per week, during a seven (7) day period starting Sunday ending Saturday.

9.2 SECTION 2. OVERTIME

Time and one-half (1 1/2x) of the employees rate of pay will be paid for all hours worked by any employee in excess of forty

(40) hours during any work week. Where overtime is applicable on hours for which a differential is paid, both shall be paid.

9.3 SECTION 3. SCHEDULING

For the purpose of scheduling of weekly hours, seniority with the Company or its predecessor shall prevail with no employee regularly scheduled to work in excess of forty (40) hours in a work week. The Company shall have the work schedule posted in each workplace/online at least ten (10) calendar days in advance of each semimonthly period. Thereafter, all changes to employee schedules shall only be made by mutual agreement, emergency situations excepted. Seniority shall prevail always – with the exception of the supervisor’s schedule which is chosen by management regardless of seniority and as proficiency training as required.

9.4 SECTION 4. REDUCTION IN HOURS

Any involuntary reduction in daily or weekly hours or any general reduction in the work force shall be made in accordance with the seniority and layoff procedures described elsewhere in the Agreement.

9.5 SECTION 5. FAIR LABOR STANDARDS ACT (FLSA)

The FLSA shall apply to all hours worked by all employees.

ARTICLE 10. JOB SECURITY

10.1 SECTION 1. SENIORITY

Seniority shall be defined as the length of an employee’s whole span of continuous service with the present Company, and/or with its predecessor contractors in the performance of similar work at the same Federal facility. The Company agrees that the principle of seniority shall prevail for scheduling overtime distribution when possible layoffs, vacation selection, recall, and for all other purposes as may be specified throughout the Agreement. The supervisor shall only be authorized overtime when all other employees are unavailable. Station supervisor’s schedule is always the exception to seniority. Full-timer seniority always prevails over part-timer seniority. Seniority now has three Tiers: Tier One is for Supervisors, Tier Two is for Forecasters and Tier Three is for Observers. Tier One has priority over Two and Two over Three. One item that trumps seniority is maintaining proficiency…. i.e. a minimum of one forecasting shift and one observing shift (as applicable) shall be given to each employee per month regardless of status to maintain proficiency. Note that a forecasting shift also counts as an observer proficiency shift.

10.2 SECTION 2. LOSS OF SENIORITY

Seniority shall be terminated when an employee:

a) Terminates

b) Is discharged for just cause

c) Fails to report for work when recalled from layoff (within one (1) week after receipt of a certified notice to return to work.)

d) Is on layoff for over one (1) year

e) Overstays a leave of absence or vacation without notice to the Company

10.3 SECTION 3. LAYOFF PROVISIONS

Part A. Layoff Avoidance:

The Company and PATCO agree that all practicable steps shall be taken to avoid layoff or reduction in hours of existing employees and job classifications, including but not limited to application of seniority rights, advance notification of potential layoff or reduction in hours, altering shifts and hours, sharing shifts and hours, and any other means that the parties may determine feasible.

Part B. Notice of Layoff:

In the event that a layoff or reduction in hours is necessary due to a lack of work (or for any other reason), the Company shall inform PATCO and bargaining unit employees in writing and/or as soon as practicable, and at least two (2) weeks in advance, pending notification by the appropriate agency.

Part C. Preference:

When a layoff or reductions in hours or similar measures are necessary, those employees with the least seniority in the job classification effected shall be laid off first in order of their seniority, with full time employees receiving priority allocation of new hours.

10.4 SECTION 4. NO NEW HIRES

There shall be no new hires performing bargaining unit work during periods of layoff. Furthermore, the Company agrees that it shall not increase the number of employees at any station for the purpose of reducing current existing employee’s hours and/or benefits.

10.5 SECTION 5. SEVERANCE PAY FOR OBSERVER DISPLACEMENT

In the event of an employee displacement, layoff, and/or “phase-out” of weather observers, due to a federal government downsizing initiative, including but not limited to 1) Air Traffic Controllers assigned the work of members of the bargaining unit, or 2) the implementation of ASOS (or any other automated system), weather observers shall be eligible for one (1) week of severance pay for every year of continuous service as a weather observer at the station, this section is contingent upon the government’s acceptance of it and its allocation of the necessary funds.

ARTICLE 11. DISCHARGE AND DISCIPLINE

11.1 SECTION 1. JUST CAUSE

No employee shall be discharged or disciplined in any manner without just cause, and the determination of just cause shall be subject to the grievance procedure outlined in Article 12 of this Agreement. The Company agrees to abide by the principle of “Progressive Discipline” but retains the rights, subject to the provisions of Article 12, to determine the appropriate level of discipline.

The following occurrences are grounds for termination without the necessity of the procedures outlined in this Article 11 and Article 12.

Violation of NAVYWX security procedures.

Overstaying a leave of absence or vacation without written notice to and approval by Company.

Sleeping while on duty.

Being late for duty without notifying the worksite more than two (2) times in any one year.

Two (2) or more violations of the Quality Control Plan in a 12 month period.

Providing any proprietary contract information without the express written consent of Company.

Performing activities whether written, oral or otherwise communicated that would in any way violate or jeopardize

Company's contract with the NAVYWX.

Being intoxicated while on duty.

Leaving the office unattended unless directed by Government and/or Company.

Violating company SOP to include but not limited to bring unauthorized visitors (including Pets) to the office.

11.2 SECTION 2. CONFERENCE

Before scheduling any conference or meeting with an employee where the purpose of such meeting may be to investigate the possibility of imposing discipline, the employer shall first notify the employee in writing at least forty-eight (48) hours prior to any such meeting. If so requested, the employee shall have the right to a Union representative present at any such meeting. An employee’s refusal to participate in any such meeting where a Union representative is not present shall not be grounds for any further discipline. Such a conference or meeting may be conducted by phone upon mutual agreement of the parties affected. The employee is responsible for coordinating union representation if desired.

11.3 SECTION 3. PERSONNEL FILES

Employees shall have the right to inspect their personnel files at reasonable times. For personnel files kept in the headquarter office, the employee should make a request in writing for the information in specific or in general to be viewed.

The Company shall have a two (2) week period in order to duplicate and forward this material to the employee, or make available online. The employee and the Union shall be notified of any notices or information regarding disciplinary action or job performance in their file, and the employee shall be permitted to write a letter or response that shall also be placed in the file. Information of a complimentary nature regarding an employee shall also be placed in their personnel file.

11.4 SECTION 4. TIMELY WRITE-UPS

All formal disciplinary notices, including verbal warnings, shall be reduced to writing. Written disciplinary notices given to employees shall be issued within fourteen (14) working days of the occurrence of the incident or from the date the employee should have been reasonably aware of the incident. Disciplinary notices not in writing or issued to employees outside of the fourteen (14) day time frame shall be null and void and shall have no effect. Employees shall sign and receive a copy of, if requested, all disciplinary action notices. It shall be understood that their signatures shall not be construed as an admission of guilt, but only as acknowledgement of receipt of the notice. Such time limits may be extended if additional material necessary to evaluate any potential disciplinary action is still outstanding past the seven (7) day time period, however such extensions shall only be by mutual agreement between the Company and the Union.

11.5 SECTION 5. CLEANING THE FILES

Disciplinary notices or warning notices shall remain in an employee’s file for twelve (12) months from the date of issue. If no additional notices for similar violations are received in that matter for twelve (12) months, these notices shall have no effect, and shall be removed from the employee’s file.

11.6 SECTION 6. POLYGRAPH TESTS

The Company will not use polygraphs to investigate workplace investigations.

11.7 SECTION 7. SUBSTANCE TEST

Employees shall not be subject to drug testing, unless required by the government contract, upon which time this agreement will be renegotiated.

ARTICLE 12. SETTLING DISPUTES AND GRIEVANCES

12.1 SECTION 1. RIGHT TO FILE

When an employee, or the union, or group of employees feel that they have been unfairly or improperly treated, or that the Agreement or other Company policies have been violated, they shall have the right to file grievances without fear of intimidation, coercion, or reprisals of any kind.

12.2 SECTION 2. TIMELY FILING

The grievance must be filed within fourteen (14) business days (excluding weekends and holidays) of the date of the occurrence of the alleged incident, or from the date the employee should have been reasonably aware of the incident.

Grievance not presented within this time period will not be considered, unless this requirement is waived by written mutual agreement of both the Company and PATCO.

12.3 SECTION 3. STEPS OF THE GRIEVANCE PROCEDURE

Disputes between employees, the Union and the Company relating to the application and/or interpretation of this agreement, company policies and procedures, or other matters of employment law shall be considered as legitimate matters for grievances and shall be settled in the manner ascribed below.

STEP 1. INFORMAL DISCUSSION:

The grievance shall first be discussed by the aggrieved employee and his/her immediate supervisor. The employee has the right (if so requested) to have his/her Union Steward present at the informal discussion. The meeting shall be held at a time mutually convenient to both parties, and shall be held within five (5) business days (excluding weekends and holidays) of receipt of the request. The supervisor shall render a written decision to the employee (with a copy to the Union) as soon as possible, and no event later than five (5) business days (excluding weekends and holidays) after the meeting. Every reasonable effort shall be made to resolve the grievance at this step. Such discussion may occur telephonically or at the station depending on the situation of the grievance and ability to find resolution.

STEP 2. WRITTEN GRIEVANCE AND FORMAL CONFERENCE:

If the grievance is not satisfactorily resolved in STEP 1, the aggrieved employee may within fourteen (14) business days of receipt of the supervisors STEP 1 response, submit his/her grievance in writing/email to the Company HR Director and Manager, ljarrett@aquateservices.net and dthomas@aquateservices.net respectively. A formal conference on the grievance shall be held within fourteen (14) business days of receipt of the request between the employee, the Union Steward, and/or Union Representative and an HR department representative. The conference may be held telephonically.

The HR representative shall render their decision in writing to the employee, with a copy to the Union within five (5) business days after the formal conference.

STEP 3. GRIEVANCE APPEAL:

If the grievance is still not satisfactorily resolved at STEP 2, the employee may present his/her written grievance to the Company representative within fourteen (14) business days after receipt of the decision in STEP 2. The Company representative shall then meet to discuss the grievance with the employee and the employee’s Steward and/or Union Representative within fourteen (14) business days from receipt of the appeal. This meeting may be help telephonically.

The representative shall render a written decision to the employee, with a copy to the Union, within fourteen (14) business days after the conference.

12.4 SECTION 4. TIME BAR

If the Company does not respond to a grievance within the time frames described, the remedy requested by the grievant shall be automatically granted. If the employee and PATCO do not proceed within the time frames described, the grievance shall be considered resolved. The time limits described above for processing or rendering of decisions at each step of the grievance procedure may only be waived by mutual agreement.

12.5 SECTION 5. APPEAL TO ARBITRATION

Within fourteen (14) business days of the receipt of the Company’s response in STEP 3, the Union may appeal the grievance to arbitration by writing for a panel of seven (7) arbitrators to be furnished by The Federal Mediation and Conciliation Service, with a copy of such letter to the other party. Within five (5) business days of receipt of the panel of arbitrators, the parties shall contact each other and alternately strike names, with the name remaining being chosen as the arbitrator. The parties shall then contact by certified mail (return receipt requested) the chosen arbitrator who shall then be responsible to in turn contact the parties for the purpose of arranging a mutually agreeable date for conducting the hearing.

In no event shall the hearing take place more than sixty (60) days after the arbitrator’s notification of their selection.

12.6 SECTION 6. ARBITRATION BINDING

The arbitrator’s decision shall be final and binding on all parties and shall be rendered in writing to the parties within th irty

(30) days after completion of the hearing.

12.7 SECTION 7. ARBITRATION COSTS

The fees and expenses of the arbitrator and the arbitration room shall be divided equally between the Company and the Union. Each party shall bear its own expense in presenting its case to the arbitrator. The minutes of the hearing may be recorded by tape recorder or by a qualified court reported if so requested by either party. The party requesting that the minutes be recorded shall pay the costs of the recording or of said reporter. If either party desires a copy of the minutes so recorded, he/she shall purchase it at his/her own expense.

ARTICLE 13. PROBATION

13.1 SECTION 1. DEFINITION

Any persons newly employed shall be so employed up to thirty (30) consecutive calendar days on a probationary period, during which he/she may be discharged by the Company without further recourse and neither he/she nor the Union shall have the right to use the grievance procedure provided herein until such time that the employee completes his/her probationary period. After thirty (30) days, the employee shall be placed on the regular seniority list.

13.2 SECTION 2. CREDITS UPON COMPLETION

An employee who completes his/her probation immediately enjoys all rights and benefits of this Agreement, and receives seniority and other credits retroactive to the original date of hire.

ARTICLE 14. PAY DAY

14.1 SECTION 1. DATE AND TIME

The Company shall make paychecks every other week or 26 pay periods per year. Direct deposits shall be made available.

This will include the final pay check for departing personnel.

14.2 SECTION 2. VACATION PAY

Vacation pay will be issued under the normal procedures and may be included with an employee’s regular pay. Vacation pay may be issued prior to the commencement of approved vacation time and shall not be held until an employee returns from vacation. The Company retains the right to “pay out” vacation pay in full or in part when an employee attains each additional year of seniority.

ARTICLE 15. LEAVES OF ABSENCE

15.1 SECTION 1. PERSONAL LEAVE

Unpaid personal leaves of absence may be granted for any reason mutually agreed upon between the employee and the Company and shall normally be granted for a period not exceeding sixty (60) days, on the approval of the appropriate supervisor or manager of the Company. Such personal leaves of absence may be renewed upon proper written request by the employee and at the sole discretion of the Company. Approved extensions may be granted for any time frame mutually agreed upon between the employee and the Company, but shall not be granted for a period in excess of one (1) year.

Seniority shall not accrue during a personal leave, but all previously accrued seniority shall be retained by the employee upon proper return from leave.

15.2 SECTION 2. MEDICAL LEAVE

For personal illness or injury, illness or injury of an approved dependent or pregnancy on the part of an employee or their spouse, unpaid leaves of absence shall be granted for a period of up to thirty (30) days. Such medical leave shall be renewed upon proper written request by the employee when such request is accompanied by a doctor’s certificate specifying the necessity for such an extension. Requests for extensions which are not accompanied by a doctors certificate may be granted, but, at the sole discretion of the Company. Seniority shall be maintained and shall continue to accrue during an approved leave of this type for up to six (6) months.

15.3 SECTION 3. ON-THE-JOB INJURY

Leaves of absence shall be granted for documented on-the-job injuries for the duration of the injury or until doctor’s release to return to duty. The Company may request the medical advice of a second opinion. Compensation during such leaves of absence shall be covered under the appropriate Workers Compensation laws and compensation will be disbursed accordingly. Seniority shall be maintained and shall continue to accrue for the full extent of the leave.

15.4 SECTION 4. RETURN FROM LEAVE STATUS

Employees returning from approved leaves of absence of any kind shall be returned to their previous job classification, scheduled hours, and shift upon notification to the Company of their expected date of return. Employees hired by the Company to replace any employee on an approved leave of absence shall be notified of their temporary status and the return to work rights of the employee they are replacing.

15.5 SECTION 5. MILITARY DUTY

The Company shall comply with all federal laws governing the active duty status of any of its employees. The Company is responsible for investigating and notifying the affected employees of the proper procedure for leaves of absence in case of a call to active duty in the Armed Forces of the United States of America. Members shall provide HR with a copy of their orders prior to departing on extended absences, generally more than a week in length.

ARTICLE 16. HEALTH AND WELFARE

16.1 SECTION 1. HEALTH AND WELFARE BENEFIT

Health and welfare will be calculated on all hours including paid vacation, holidays hours, personal days, and contingency hours up to a maximum of 2080/hrs per calendar year. The only exceptions to this are hours designated as overtime, which do not count toward the health and welfare benefits calculation. To calculate the amount of Health & Welfare benefits owed to an employee the Health & Welfare rate provided on the applicable Appendix will be multiplied by the total amount of hours recorded on the employee’s timesheet in accordance with the sentences above. All employees shall receive equivalent amounts of Health and Welfare benefit contributions calculated on all hours worked and including paid vacation, holidays hours, personal days, and contingency hours up to a maximum of 2080/hrs per contract year.

16.2 SECTION 2. HEALTH AND WELFARE BENEFIT CONTRIBUTION

Health and Welfare funds will be used for health benefits unless the Company cannot provide health and welfare benefits;

any excessive funds not expended for benefits will be paid in salary; however the Company is expected to make every effort to provide benefits.

H&W will be prioritized for bona fide fringe benefit plans provided by the company. Once available bona fide fringe benefits have been exhausted, remaining Health and Welfare obligations will be discharged via cash.

ARTICLE 17. FUNERAL LEAVE

17.1 SECTION 1.

An employee, during the periods of stress caused by the death of an employee’s wife or husband, mother, father, grandparents, sister, brother daughter, son, mother-in-law, father-in-law, aunt, uncle, brother-in-law and sister-in-law, grandparents of spouse, domestic partner, or legal guardian, shall be allowed time off without pay for all reasonable and necessary time up to and including five (5) consecutive working days. The relationships given shall include those arising from marriage or adoption. Up to two (2) additional working days not charged against any other leave may be granted at the sole discretion of the department head if the funeral is out of state.

ARTICLE 18. COURT DUTY

18.1 SECTION 1. JURY DUTY

An employee shall be allowed the necessary time off with pay, using a mechanism of Earned Vacation or Union Personal Time Off (UPTO), for jury duty, upon presentation of lawful notification, in accordance with applicable law.

18.2 SECTION 2. WITNESS DUTY

The Company shall allow an employee the necessary time off to appear as a witness, upon seeing a subpoena or directive from lawful authority; provided, this shall not include any appearance in court as a result of alleged violation of law by the employee, or involving litigation in which the employee is a principal. Where the court appearance is required as a result of alleged violation of law by the employee, or involving litigation in which the employee is a principal, vacation leave or a leave of absence without pay may be approved by Personnel for such purpose(s). Contact Supervisor for working an alternate schedule. Final approval by GM or PM only.

ARTICLE 19. HOLIDAYS AND PAID LEAVE POLICY

19.1 SECTION 1. HOLIDAYS

All employees, including but not limited to: full-time, part-time, and relief shall receive the following eleven (11) paid holidays:

1. New Year’s Day

2. Martin Luther King, Jr. Birthday

3. President’s Day

4. Good Friday

5. Veteran’s Day

6. Memorial Day

7. July 4th

8. Labor Day

9. Columbus Day

10. Thanksgiving Day

11. Christmas Day

19.2 SECTION 2. PERSONAL DAYS

There shall be seven (7) paid personal days per contract year effective 1 September on an accrual basis from contract year to contract year available for use by the employee, no reason required. Such days may also be sold back to the Company under similar provisions as described in Section 4 of Article 18. Relief employees shall be excluded. These shall be paid on a pro rata basis for all employees, full- and part-time. Personal days will follow the same guidelines for notification and scheduling as Vacation sections 2 and 4. Personal leave overrides any locality specific legislation that can be waived.

19.3 SECTION 3. ELIGIBILTY

All employees, both full and part time, will be paid Holiday Leave on a pro rata basis based on the number of hours worked the week prior to the holiday. Paid vacation, holiday, and paid personal days shall also count toward this proration. This update is due to full time employees working less than 40 hours per week.

19.4 SECTION 4. WORKED HOLIDAYS

All employees required to work on a recognized holiday shall be paid the amount provided for in Section 3 above, in addition to their regular earnings for that day; e.g. additional time.

ARTICLE 20. VACATION

20.1 SECTION 1. VACATION ELIGIBILITY

Employees shall become eligible for two (2) weeks of paid vacation time after one (1) year of accumulated seniority with the Contractor (Company) or continuous service with a successful Contractor (Company) and its years of accumulated seniority, three (3) weeks after five (5) years, four (4) weeks after ten (10) years and five (5) weeks after fifteen (15) years of service.

20.2 SECTION 2. VACATION SCHEDULE

Employees may take vacation at any time during the contract year, subject to the approval of the Company. In the event that more employees request vacation for the same period of time than can be released, the most senior employee(s) shall be given first priority on the dates. Vacations may not normally be scheduled for periods of less than three (3) days at a time, unless specifically approved by the Company, or as a result of the implementation of Article 20, Section 4 below.

20.3 SECTION 3. SELLING BACK

When eligible for vacation, the Company and the Union agree that an employee may be able to “sell” back vacation days to the Company, but may not be able to do so for more than forty (40) hours in a pay period. Only one employee may elect to use this procedure during any one pay period with seniority having priority. Other than the aforementioned guidelines, the employee shall be able to “sell back” vacation days at his or her convenience, once accumulated.

20.4 SECTION 4. SINGLE DAY VACATION

With prior Company approval and advance written notice of no less than one (1) week, eligible employees may take as little as one day of paid vacation time. Emergency situations may waive the one (1) week requirement.

20.5 SECTION 5. UNUSED VACATION DISTRIBUTION

At the end of each contract year, the Company will pay out any vacation balance that has not been taken. After the pay out of vacation balance the Company with prior approval will allow full-time employees to go negative forty (40) hours on their leave balance prior to their anniversary date. Part-time employees will be judged at the discretion of the Company.

Employees with negative vacation balances at time of termination will be required to pay back the value of said vacation.

ARTICLE 21. NO STRIKE

21.1 SECTION 1. NO STRIKE/LOCKOUT

The Company and the Union agree that there shall neither be a strike nor a lockout during the term of this Agreement.

22. ARTICLE 22. WAGE SCALES AND COMPENSATION

23.1 SECTION 1. WAGE SCALES

All employees shall receive the following wage scales and raises on the time line described in the appendices of this Agreement.

23.2 SECTION 2. SUNDAY SHIFT DIFFERENTIAL

All employees, including but not limited to full-time, part-time, and relief employees, working on Sundays shall receive an additional premium shift differential for such hours worked in the amount of twenty-five percent (25%) of their regular hourly wage.

23.3 SECTION 3. NIGHT SHIFT DIFFERENTIAL

All employees, including but not limited to full-time, part-time, and relief, working on the night shift between hours of 6:00 PM and 6:00 AM shall receive an additional premium shift differential for such hours worked in the amount of ten percent (10%) of their regular hourly wage.

23.4 SECTION 4. NO PYRAMIDING

There shall be no pyramiding of benefits, but the employee shall enjoy the most favorable calculation for which they are eligible for their work.

ARTICLE 23. SUCCESSOR CLAUSE

24.1 SECTION 1. SUCCESSORSHIP AND RIGHT OF FIRST REFUSAL

In the event the Company shall by merger, consolidation, sale of assets, lease, franchise, or by any other means enter into an agreement with another party or individual which in whole or in part affects the existing appropriate collective bargaining unit, then such successor, party, individual, or assign shall be bound by this Agreement. In such an event, the successor company shall hire first all the current employees within the bargaining unit for any work similar to that performed at the weather station and they will be hired before any others are hired for positions similar to that in the bargaining unit.

Furthermore, the current employees shall be hired by the successor contract with no loss of wages, seniority, or any other benefits provided for in this Agreement. The Company shall have an affirmative duty to call this provision of the Agreement to the attention of any such party or individual with whom it seeks to make such an agreement as aforementioned or to such company as may win a bid to provide weather observation from this station.

ARTICLE 24. NO SUBCONTRACTING

25.1 SECTION 1. NO SUBCONTRACTING

The Company will not subcontract a portion of work regularly done by bargaining unit members at any individual site.

Contractor at all times has the right to subcontract an entire site.

ARTICLE 25. SEPARABILITY

26.1 SECTION 1. SEPARABILITY

In the event that any of the provisions of this Agreement shall be held in violation of any state of federal law or regulation, such determination shall not in any way affect the remaining provision of this Agreement and such offending provision or provisions shall immediately be suspended.

ARTICLE 26. MASTER AGREEMENT/VOLUNTARY RECOGNITION

27.1 SECTION 1. MASTER AGREEMENT

The Company agrees that this Agreement is a Master Agreement and that recognition of future bargaining units shall be automatically be covered by this Agreement, and immediately receive all non-monetary benefits as prescribed in this agreement. Monetary benefits such as wages (to be included as an addendum), paid leaves of absence, etc. shall be negotiated and adopted upon the next CBA renewal, or at an earlier time as agreed upon by both parties.

27.2 SECTION 2. VOLUNTARY RECOGNITION AND NEGOTIATION

The Company agrees to voluntarily recognize and negotiate any future bargaining units following notification in writing of a majority of interest of employees of that unit.

ARTICLE 27. SECURITY

28.1 SECTION 1. WORKER STATION SECURITY

The Company will participate and be involved in any discussions with Airport Management on the issue of the airport security. The Union and Company will cooperate by mutually ascertaining the best approach to providing proper security for the weather observers and to insure the protection of its employees at the airport during their arrival and departure from the airport.

ARTICLE 28. PERFORMANCE APPRAISALS

29.1 SECTION 1. PERFORMANCE APPRAISALS

The Company reserves the right to conduct annual performance appraisals on all employees. These appraisals are not for the purpose of determining wage increases or disciplinary actions, but to provide feedback on the last year of performance and performance goals for the next year.

ARTICLE 29. EXCEPTION

30.1 SECTION 1. EXCEPTION

The San Clemente and the San Nicolas sites require terminal time, transport, and physical location of employees on-site with specific hours of operation. Transportation is government furnished weekly. During terminal transport preparation and non-duty hours, employees receive $11.00 per hour based on California minimum wage as of January 2018. Per the State of California Division of Labor Standards Enforcement the next scheduled minimum wage increase will be effective January 1, 2019 at $12.00 per hour. The State of California Labor Standards will be monitored no less than annually in the month of January each year and amended as required by State of California law.

ARTICLE 30. DURATION

31.1 SECTION 1. DURATION

This Agreement shall be in full force and effect from the date of signing until 2/28/2023. This Agreement shall automatically renew itself from year to year thereafter unless either party gives notice to the other party sixty (60) days prior to the expiration or renewal date, requesting re-negotiations for a new Agreement. In addition, either party may give written notice not more than one hundred twenty (120) calendar days or less than sixty days (60) days preceding the anniversary date of this Agreement to open negotiations annually for changes to this Agreement on up to three articles which shall not include economics.

ADDENDUM

In accordance with the Master Collective Bargaining Agreement between Atmospheric Science Technology, LLC (AST) and the Professional Air Traffic Controllers Organization (PATCO) Article 27, Section 1 and 2, voluntary recognition is granted to the AST employees with PATCO being the union representative in all matters concerning working conditions covered by applicable law. Wages and health and welfare benefit amounts shall be attached to the Master Agreement by appendices.

The parties agree that all economic benefits will not be effective until September 1, 2018. Dues deductions will start the month following AST's receipt of the employee's voluntary recognition forms.

10/16/2018 Vicki E. Rose General Manager Atmospheric Science Technology, LLC 3100 Monitor Ave, Suite 140 Norman, OK 73072

Date Sam Neimeiser National Representative

PATCO

802 BMW Drive Ellijay.GA 30540

APPENDIX A: Wages and Health Welfare Rates

NAS Pensacola, FL Weather Site

New 2018

Site Wages

H&W

Pensacola S

WxObs $

Sr. WxObs S WxFore $

Sr. WxFore $

4.95

29.03 32.23 33.97

35.84

New 2019

Wages

S S

5.05

29.81

33.10 34.88

36.81

New 2020

Wages

5.15

30.71

34.09

35.93 37.91

New 2021

Wages

S S S

5.25

31.63

35.11

37.01 39.05

New 2022

Wages

S S

5.35

32.58

36.16 38.12

40.22

New 2023

Wages

S

5.46

33.56

37.25 39.26

41.43

10/16/2018 7 ^ ̂t Vicki E. Rose General Manager Atmospheric Science Technology, LLC 3100 Monitor Ave, Suite 140 Norman, OK 73072

DateSam Nein National F

PATCO

802 BMW

Ellijay, G/

Appendix Page A-l of 21

NAS Meridian, MS Weather Site

Site

H&W

Meridian

New 2018

Wages

WxObs

Sr. Wx Obs

Wx Fore Sr. Wx Fore

S

S S

4.95

23.97

28.68 29.37

32.50

New 2019

Wages

S

S

5.05

24.62

29.45

30.17

33.38

New 2020

Wages

S

5.15

25.36 30.34 31.07

34.38

New 2021

Wages

S s

5.25

26.12

31.25 32.00

35.41

New 2022

Wages

5.35

26.90

32.19 32.96

36.48

New 2023

Wages

S

S

5.46

27.71

33.15 33.95 37.57

10/16/2018 S ^ Vicki E. Rose General Manager Atmospheric Science Technology, LLC 3100 Monitor Ave, Suite 140 Norman, OK 73072

DateSam Nein National F

PATCO

802 BMW

Appendix Page A-2 of 21

NAS Key West, FL Weather Site

New 2018 Site

H&W Key West

WxObs

Sr. Wx Obs Wx Fore

Sr. Wx Fore

Wages s s

4.95

31.16 33.84

35.86 38.11

New 2019 Wages

S

5.05

32.00 34.76 36.83 39.14

New 2020

Wages

S

5.15

32.96 35.80 37.93 40.32

New 2021

Wages

S

5.25

33.95 36.87 39.07

41.53

New 2022 Wages

S

5.35

34.97 37.98 40.24 42.77

New 2023 Wages

S s s s

5.46

36.02 39.12

41.45 44.06

Vicki E. Rose General Manager Atmospheric Science Technology, LLC 3100 Monitor Ave, Suite 140 Norman, OK 73072

10/16/2018 Date Sam Nein

National F

PATCO

802 BMW

Appendix Page A-3 of 21

NAS Fort Worth, TX Weather Site

New 2018

Site

H&W Fort Worth

WxObs

Sr. Wx Obs

Wx Fore Sr. Wx Fore

Wages

4.95

30.85

33.53

35.35 37.30

New 2019

Wages

5.05

31.69

34.43 36.30

38.31

New 2020

Wages

5.15

32.64

35.46 37.39

39.46

New 2021

Wages

S

5.25

33.62

36.53 38.51 40.64

New 2022

Wages

S

5.35

34.62 37.62

39.67

41.86

New 2023

Wages

S

S

5.46

35.66

38.75 40.86

43.12

10/16/2018 S^i/lL Vicki E. Rose General Manager Atmospheric Science Technology, LLC 3100 Monitor Ave, Suite 140 Norman, OK 73072

DateSam Nein National F

PATCO

802 BMW

Ellijay, G/ i /A

Appendix Page A-4 of 21

NAS Corpus Christi/Kingsville Weather Site

Site H&W

Corpus Christi/Kingsville WxObs

Sr. Wx Obs

Wx Fore Sr. WxFore $

New 2018 Wages

$ 4.95

$ 30.60

$ 33.79

$ 35.62

S 37.58

New 2019 Wages

$ 5.05

$ 31.42 $ 34.70

$ 36.59

$ 38.60

New 2020 Wages

5.15

32.37 35.75 37.68 39.75

S s

New 2021 Wages

5.25

33…