Attachment 2 - IUOE TRG CBA effective 01 Oct 2019 thru 30 Sept 2022 - FA302221Q0311.pdf

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

COLUMBUS AFB AIRFIELD MANAGEMENT

and

INTERNATIONAL UNION OF OPERATING ENGINEERS

LOCAL 624

Effective Date: 10/1/2019 Effective Through: 09/30/2022

Attachment 2 FA302221Q0311

TABLE OF CONTENTS

ARTICLE TITLE PAGE

Preamble 3

I Union Recognition 3

II Management Rights 4

III Disciplinary Actions 5 - 6

IV No Strike, Lock-out Clause 6

V Wages and Fringe Benefits 6

VI Hours of Work and Call-In 6 - 7

VII Hiring of New Employees 7 – 8

VIII Union Representation 8

IX Steward Representation 8 - 9

X Clothing and Equipment 9

XI Safety Requirements 9

XII Promotions 9

XIII Reduction in Force 9

XIV Vacations 10

XV Seniority 11

XVI Holidays 11

XVII Personal Leave 11 - 12

XVIII Pregnancy Leave 12

XIX Military Leave of Absence 12

XX Bereavement Leave 13

XXI Jury Duty 13

XXII U.S. Government Requirements 13

XXIII Engineers Political Education Committee 13 - 14

XXIV Grievances and Arbitration Procedure 14 - 16

XXV Duration 17

Signatures 17

Attachment 2 FA302221Q0311 2

PREAMBLE

THIS AGREEMENT entered into effective this 1st day of October 2019 by and between The Rockhill Group, Inc., hereinafter referred to as "Company'' and International Union of Operating Engineers, Local 624, hereinafter referred to as " Union".

The purpose of this agreement is to provide orderly collective bargaining relations between Company and the Union, to secure a prompt and fair disposition of grievances and to stabilize employment relations for the duration of this Agreement.

This Agreement shall constitute the entire agreement between the parties and can be changed or modified only by a document in writing signed on behalf of both parties hereto.

This Agreement and its provisions shall be binding upon the Company, successor(s) and assigns, and the Union. The terms and obligations herein contained shall not be affected or changes in any respect by any change and/or status or ownership of the activity. Such notice shall be in writing with a copy to the Union.

ARTICLE I

UNION RECOGNITION

The Company hereby recognizes the Union as the Sole and exclusive Bargaining Agent, as provided by the National Labor Relations Act, as amended , for all regular full-time and part-time employees employed by the Company at the Columbus Air Force Base, Columbus, Mississippi, excluding office, clerical employees, probationary employees, guards, and supervisors as defined in the National labor Relations Act, as amended. This Agreement shall be applicable on with respect to such employees, other than probationary employees as hereinafter defined and only with respect to the said operations of the Company, at Columbus Air Force Base. Columbus, Mississippi.

Effective upon ratification of this Agreement the Company will deduct and pay to the Union the amount of initiation fee and Union membership dues established by the Union Constitution and/or By-Laws from the pay for those employees who authorizes such deduction(s) on a form mutually agreed to by the Company and the Union as covered by this Agreement. All employees employed in the bargaining unit, who are not already members of the Union, shall become members within sixty-one (61) days after date of employment, or in the alternative, shall as a condition of employment pay to the Union each month a service fee in an amount equal to the regular monthly union membership dues uniformly required of employees of the Company who are members.

If any provisions of this Article are deemed invalid under Federal or State Law, either party shall have the right to amend said provisions in order to comply with the provision of said Federal and State Law.

The Union agrees that it will make membership in the Union available to all employees covered by this Agreement on the same terms and conditions as are generally applicable to other members of the Union.

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The Company agrees to provide an Employee Seniority List quarterly and upon request to include employee name, date of hire and last four of their Social Security number.

The Union shall indemnify the Company against and save it harmless from any claims, loss, damage, cost or expense arising out of any wrongful deduction and payment of any amount under this Article.

The Company shall transmit to the Union not later than the 15th day of the following month in which the deductions were made, a check for the total amount deducted together with a statement showing the name of each employee and the amount paid of his/her behalf for the reporting month.

In the event an employee does not have sufficient earning due him/her in any month to cover the amount of said deductions for that month, the Company agrees to make such deductions from the earnings due the employee in future months until the employee is current in his payments.

Union Dues:

All employees with more than eighty {80) hours work per month will pay union dues equal to two

(2) hours of pay per month (one hour per pay period.)

All employees with eighty {80) hours work or less per month will pay union dues equal to one (1) hour of pay per month (thirty minutes each pay period.)

ARTICLE II

MANAGEMENTS RIGHTS

Except insofar as it is specifically abridged by express provisions of this Agreement, the management of the Company and the direction of the working force are vested in the Company.

This includes, the right to hire, assign, transfer, promote, reclassify, suspend for just cause, discipline for just cause, or discharge for just cause, to relieve employees from duty because of lack of work, the making of reasonable rules and regulations not in conflict with this agreement the Company shall notify the Union five (5) days prior to institution of new rules and regulations, and to maintain discipline and efficiency of employees, provided that this will not be used for the purpose of discrimination against any employee.

The Union recognizes that it is the functions and the right of the Company to exercise its discretion in developing processes which meet the standards of Government requirements and customer acceptance, to meet competition, in order that its business and jobs and wages be protected.

Rules and regulations shall be enforced consistently. There shall be no discrimination in regard to hires, tenures, terms or conditions of employment because of race, color, sex, marital status, age, religion, national origin, ancestry, handicap, or because the individual is a disabled or Vietnam era Veteran.

The Company shall be the judge of all matters pertaining to the location of operations, production and work schedules, and the methods, processes and means of servicing and materials to be used, including the right to introduce new and improved methods or facilities and to change existing

Attachment 2 FA302221Q0311 4 methods or facilities.

The Company and Union agree to maintain compliance on all Federal and State regulations including and not limited to EEO, FMLA, and ADA. Any provisions of this Agreement deemed invalid under Federal or State regulations, either party shall have the right to amend said provisions in order to comply with the provision of said Federal and State regulation.

ARTICLE III

DISCIPLINARY ACTIONS

The parties agree they will cooperate to foster a motivated and efficient workforce. Maintaining discipline is an essential element of this effort. It is agreed and understood by the parties that the concept of disciplinary action is to first correct the offending employee and all discipline imposed shall be consistent with the offense committed. The Company will retain the right to discipline employees by discharge, suspension, or other action. No disciplinary action will be taken without just cause.

During an interview of an employee being conducted for the purpose of allowing the Company to determine whether that employee may be subject to discipline, the employee shall be advised of his right to Union representation. If requested by the employee, the Chief Steward shall be allowed to attend the interview. If the employee declines representation, he shall sign a waiver

Disciplinary action will normally follow a line of progression. Depending on the nature and severity of the offense, discipline can start at any point in the process and does need not follow each step-in succession. The normal course of progression is as follows:

1. Verbal Warning (documented)

2. Written Warning

3. Final Written Warning and/or Suspension

4. Discharge for cause

Disciplinary records for an employee will be maintained in his personnel file. verbal warnings (documented) and written warnings will not be used for the purpose of progressive discipline beyond twelve

(12) months from the date of issue. Suspension notices will not be used for the purpose of progressive discipline beyond eighteen (18) months from the date of issue.

Employees are subject to immediate discharge for engaging in serious misconduct, regardless of whether the employee has received any prior discipline or corrective action. Serious misconduct includes, but is not limited to, dishonesty, engaging in violent actions, insubordination, gross negligence in the performance of job duties, the possession, consumption, use or distribution of alcohol or controlled substances on the Company premises or while on duty, testing positive for drugs or alcohol pursuant to the Company’s Substance Abuse Policy, and willful violation of the Company’s rules of conduct or other policies and procedures.

In all cases of discharge or suspension for just cause, the Company will notify the Chief Steward. Consistent with appropriate policies and procedures, the Company will advise the Chief Steward of the reason the action is being taken.

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Any Bargaining Unit employee that has any record of disciplinary action other than a verbal warning (documented), within the last 12 months, is ineligible for promotion or transfer.

ARTICLE IV

NO STRIKE, LOCK-OUT CLAUSE

Neither the union nor any employee covered by this Agreement shall authorize, encourage or engage in any strike or slowdown or other interference with work or with company business during the term of this agreement. Subject to compliance with the preceding sentence, the company shall not lockout its employees during the term of this agreement.

ARTICLE V

WAGES AND FRINGE BENEFITS

Employees covered by this Agreement shall be paid wages and receive fringe benefits as provided in this Agreement In the event of a federal mandate passed that employers are required to furnish such benefits as health insurance, retirement plans, etc. this article will be re- negotiated at that time.

Wage and Fringe Rates:

Labor Category

Hourly Rate

10/1/2019 3%

10/1/2020 3%

10/1/2021 3%

Airfield Management Shift Lead (AMSL) $26.63 $27.43 $28.25 $29.10 Health and Welfare $6.75 $7.25 $7.25 $7.25

ARTICLE VI

HOURS OF WORK AND CALL-IN

Forty (40) hours a week of five (5) eight (8) hour days shall institute the normal work week for the day shift, and forty (40) hours a week of the five (5)·eight (8) hour days shall constitute the normal work week for the night shift. However, this shall not be deemed to constitute a guarantee by the Company of any particular number of hours per day or per week to any employee.

All hours worked in excess of forty {40) hours per week in the employee's regularly scheduled work week shall be paid for at the overtime rate of one and one-half time. Overtime pay shall not be pyramided. No employee shall be required to take time off or hours reduced during his/her regularly scheduled basic work week in order to avoid the payment of overtime. All employees shall have two (2) fifteen (15) minute breaks; one for the first four (4) hours and one the second four (4) hours. If the employee works twelve (12) hour shifts, they will be entitled to a third fifteen

(15) minute break.

The Company shall have the right to schedule working hours and to make revisions in such schedule to meet its needs of the Government.

Any employee scheduled to work or is called in by the Company shall receive a minimum of two

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(2) hours of work on the day shift or three (3) hours of work on the night shift to be paid the difference, if any, between the time worked and two (2) hours day or two (2) hours night at his/her regular straight time rate if sent home after he reported for work at the required time, unless the Company has taken reasonable steps to notify such employee that there would be no work.

No employee scheduled for work or called in by the Company shall be required to stand-by waiting for an assignment without being paid his regular straight time rate during such waiting period, unless the Company took reasonable steps to notify such employee that there would be no work that his starting time had been changed.

Employee off work due to personal injury, illness or death in the immediate family will notify the Company office by phone or letter to the Columbus Air Force Base, Columbus, Mississippi at least twenty-four (24) hours in advance of the shift on which they will return to work for purpose of work scheduling.

Additional hours not to exceed eight (8) hours within a twenty-four (24) hours period or forty (40) hours a week will be distributed fairly and equitable as possible to all employees within the bargaining unit, by classification and seniority. Additional hours offered to an employee and declined by the employee shall be counted as additional hours worked for equitable and fair distribution purposes additional hours will first be offered to employees who are assigned to the work area where the additional hours occur. When employees have agreed to work or have been directed to report for duty, they will be expected to report as specified or employees must notify the Company no later than one (1) hour prior to beginning his/her shift, and failure to report may subject them to disciplinary action.

Shift Differential Pay:

• Differential pay shall be paid to all employees who work during the hours beginning 4:00 PM to 12:00 AM in the amount of $.35 per hour, in addition to their regular rate of pay.

• Employees who work during the hours beginning 12:01 to 5:59 am shall receive differential pay in the amount of $.40 per hour in addition to their regular rate of pay.

• Differential pay applies to the time the shift begins and remains through the entire shift.

ARTICLE VII

HIRING OF NEW EMPLOYEES

The Company shall notify the Union Business Manager and post on a bulletin board of all job openings within the bargaining unit covered by this Agreement. The Union shall refer applicants for such openings. In interviewing and hiring for such job openings, the Company will not discriminate against any applicant referred by the Union. Nothing in this contract, however; shall be construed to create an exclusive hiring hall arrangement, and the Company shall at all times be free to advertise and list said job openings with employment agencies and to otherwise fill its job openings from any available to the Company.

Unless the needs of the Company would make it impractical to do so, the Company will-communicate with the Union whenever the Company needs to hire additional employees who would be covered by this Agreement. The Company will give fair consideration on a non-

Attachment 2 FA302221Q0311 7 a discriminatory basis to all applicants for employment, regardless of membership or non-membership in the Union.

The Company will provide an Employee Seniority List as determined in Article 1.

ARTICLE VIII

UNION REPRESENTATION

The Company agrees that the Union may designate not more than one (1) employee at any time as representative elected or appointed to local union office or as a delegate to any union activity necessitating a leave of absence. Upon written request from the employee, supported by a written statement by the Union, such employee will be granted a leave of absence without pay for time he is required to be absence on Union business, provided not more than one classification is absent at one time and provided further, such request be submitted to the Company at least seven

(7) days prior to commencement of the leave of absence.

A Shop Steward serving as representative of the Union in connection with the processing of grievances by employees covered by this Agreement in each instance shall first obtain permission from his immediate supervisor and such permission shall be granted as soon as conveniently possible without interfering with performance of the Company's obligations under Government Contract.

If it should become necessary for the Company to hire a new employee to take the place of the employee on leave of absence due to Union activities, as stated above, the Company will notify the Union.

ARTICLE IX

STEWARD REPRESENTATION

The Union shall supply the Company, in writing, and shall maintain on a current basis, a complete list of all authorized steward (which shall not exceed two (2) on each shift, consisting of a primary shop steward and his alternate) together with the designation of the group of employees each is authorized to represent. In no event shall the representation of employees or processing of grievance interfering with the performance of work or the fulfillment of the Company's obligation under its Government contract. The Company shall also be kept advised in writing by the Union of names of its officers and representatives who are authorized to act on its behalf.

If the Company plans to transfer a steward, officer or representatives from one shift to another, it will make reasonable effort to advise the Union thereof at least two (2) days prior to taking such action. Subject to any regulations or requirements established by the Government with respect to Government property, authorized agents of the working hours for the purpose of adjusting disputes, investigating working conditions and ascertaining that the Agreement is being adhered to, provided, however; that such visits shall not interfere with the performance of any employee's work or the fulfillment of the Company's obligation under its Government contract. No employee shall be discriminated against or discharged for exercising any rights under the National Labor Relations Act, as amended.

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The shop steward shall not interfere with the management of the business or direct any work of any employee but may advise the Company of any violations of the Agreement and also notify the employee participating therein.

Prior to leaving the work area, the shop steward will request permission from the supervisor. The shop steward will not leave his work area during rush hour.

ARTICLE X

CLOTHING AND EQUIPMENT

The Company is required to furnish all uniforms as required by the contract.

ARTICLE XI

SAFETY REQUIREMENTS

In order to provide safety controls for protection to the life and health of employees and prevention of damage to property, supplies and equipment, the Company shall comply with all applicable safety requirements established by the Company or the Government, or both.

ARTICLE XII

PROMOTIONS

In connection with promotions to jobs covered by this Agreement, the Company will consider current employees before selecting an outside applicant.

ARTICLE XIII

REDUCTION IN FORCE

When it is reasonably possible to do so, the Company will notify the Union Business Manager at least five (5) calendar days prior to any reduction in force, including such details with respect hereto as or available. When an employee is discharged or laid-off, he shall be paid by check for any wages owing to him mailed by registered letter to his last known address, at his next scheduled payday provided, however; Company may deduct any Union dues pursuant to Article IV hereto that are owing as of the date of termination. When the Company wishes to recall laid-off employees, it shall attempt to contact the employee by telephone, it shall telephone the Local Union, and it shall mail a letter to the employee's last known address. Employees may be required to respond and be available for work within forty-eight (48) hours of the above procedure. All employees are required to keep the Company informed of their current address and telephone number.

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ARTICLE XIV

VACATIONS

Each employee of the Company and predecessor covered by this Agreement shall receive paid vacation as follows:

• Each such employee continuously employed for one (1) year and thereafter shall be entitled to two (2) weeks of vacation with pay as of the first anniversary date of his employment.

• Each employee who has been continuously employed for five (5) years shall be entitled to three (3) weeks of vacation with pay.

• Each such employee who has been continuously employed for ten (10) years shall be entitled to four (4) weeks of vacation with pay.

• Each employee shall receive vacation based on his normal work week.

Employees may schedule their vacations in advance to coincide with efficiency of operation of the Company. Should conflict in scheduling arise, seniority shall prevail.

Any vacation pay due to an employee shall be paid at the time said employee takes his/her vacation.

Unused vacation remaining on the employee’s anniversary date or at the time the current prime contract terminates or expires, will be paid out up to 40 hours. All hours over 40 hours will be forfeited. Per company policy, employees must exhaust all paid leave prior to receiving approval for an unpaid leave of absence.

The rate of pay for the vacation period shall be an average number of hours worked during employee’s anniversary period, that is, anniversary date to anniversary date and the employee shall receive his/her regular rate of pay.

If illness or accident preventing work occurs prior to, and extends into an employee's scheduled vacation, the vacation shall be postponed, and another period assigned.

Any question or difference as to the amount of vacation or the definition and application of seniority should be discussed with an employee's supervisor. An earnest effort shall be made to answer these questions and differences informally, then; it may be made the subject of a grievance and handled as referenced in ARTICLE XXIV.

The Company shall make available to each employee the employee's earned and unused vacation and personal leave balances.

At the time of termination for any reason other than a resignation without giving the Company two

(2) day prior notice thereof, an employee who has one (1) year or more of Company seniority shall be paid for accrued, unused vacation in lieu of actual vacation up to 40 hours.

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ARTICLE XV

SENIORITY

Seniority is based upon length of service with the Company and predecessor and shall be the governing factor in the retention or lay-off and promotion of employees covered under this agreement, provided ability and efficiency are equal. Upgrade job training will be given to existing employees.

ARTICLE XVI

HOLIDAYS

Employees covered by this Agreement shall be entitled to the following paid holidays:

Martin Luther King's Birthday New Year's Day President's Day Memorial Day Independence Day

Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

In addition to the above designated holidays, the Company agrees to observe any day off with pay declared by either the President or the U.S. Congress and observed by Columbus Air Force Base when military and civilian employees at Columbus Air Force Base receive pay for such day.

The Company may substitute for any of the named holidays a different day off with pay, provided, however; that the Company shall give advance reasonable notice thereof to the employee involved and to the Union. Employees who are required by the Company to work on a holiday within their regular work week will receive the same pay they normally receive on a regular work day plus the pay they would normally be entitled to for the holiday pay in determining the overtime rate for overtime work performed on any such day.

If paid holidays fall during an employee's vacation, his vacation shall be extended by one day or the employee shall receive one additional regular day's pay at his regular rate, at the option of the employee.

ARTICLE XVII

PERSONAL LEAVE

"PERSONAL LEAVE" is defined as an absence of an employee from work by reason of illness, emergency, personal business or other accident which is non work connected and not compensated for under the Workman's Compensation Law of Mississippi.

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An employee who has completed his probationary period and is absent from work is eligible to receive paid leave at his regular rate of pay in accordance with the following schedule:

• One day per month to a maximum of 12 days per year, up to 96 hours of paid leave

Personal leave shall be paid on a current basis by the Employer in accordance with the Company's written Personal leave policy, which shall be any Personal leave due to an employee, at the time said employee is off due to illness or other personal reasons.

Employee absence due to Personal Leave, such employee must notify the Company prior to the beginning of their shift, the length of absence and when they will be reporting back to work.

Employees may elect to carry over a maximum of 16 hours of Personal Leave annually. Personal leave will not be paid out in the event of termination or at the end of the contract period.

Per company policy, employees must exhaust all paid leave prior to receiving approval for an unpaid leave of absence.

ARTICLE XVIII

PREGNANCY LEAVE

Unpaid leave. Pregnant employees who have completed their probationary period will be eligible for leave of absence in accordance with applicable law and the provisions of this article.

No later than the end of the third month of pregnancy, such employee shall notify their supervisor of the expected date of delivery and the date they wish to stop work. By the end of the sixth month of pregnancy, such employees who desire to continue working shall provide their employer with a statement from their attending physician certifying the expected day of delivery, their physical ability to continue and the date up to which they are to be permitted to work. Maternity leave begins on the date on which the employee stops working and will be granted for period of three

(3) months, except that employees who have valid medical reasons are required to take maternity leave prior to the sixth month of pregnancy or who for valid medical reasons must postpone their return to work will be granted maternity leave for a period of up to nine (9) months, provided in each case that such employees have been continuously employed for at least nine (9) months.

Maternity leave will be an unpaid leave of absence, but seniority status will not be altered should the employee return to work within the time limit imposed by the Company.

ARTICLE XIX

MILITARY LEAVE OF ABSENCE

Leave of absence without pay with no effect on seniority will be granted to employees not serving on active duty in the Armed Forces but who belong to reserve components and must serve actively in a summer camp program or other legitimate reserve programs. Leave of absence without pay will also be granted to employees who may be called into active service.

The Company will comply with all regulations under the Uniform Services Employment and Reemployment Rights Act of 1994 (USERRA).

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ARTICLE XX

BEREAVEMENT LEAVE

An employee who has completed his probationary period shall be entitled to leave of absence with pay at his regular rate for a maximum of three regular scheduled work days in the case of death in his/her immediate family; namely, mother or legal guardian, father or legal guardian, husband, wife', daughter, son, brother or sister, grandchild, grandparent, mother-in-law, father-in-law, daughter-in-law, son-in-law, brother in-law, sister-in law, aunt/uncle provided the leave of absence is taken the day before, the day of, and the day after inclusive and provided further that the employee is prepared to offer valid proof of death in relationship upon request.

If additional days are needed for travel to and from funeral such day shall be charged against Vacation, Personal Leave or Leave without pay.

ARTICLE XXI

JURY DUTY

Any employee who is required to serve on jury duty in the State of Mississippi and does serve shall receive from the Company his regular straight time rate of pay for each day he is required to serve, provided the employee would otherwise be scheduled to work on the day or days actually served on the jury, depending on the time of their regularly assigned shift.

Employees scheduled to work a late shift shall not be required to work on the days on which they served as a juror.

The Company will make up the earnings lost provided the employee furnishes the Company with a written statement (signed by the appropriate court official) showing for each date the time served on the jury and the amount paid therefor.

ARTICLE XXII

U.S. GOVERNMENT REQUIREMENTS

The Union agrees to cooperate with the Company in all matters required of the United States Government, and the Union recognizes that the terms and conditions of this Agreement are subject to certain sovereign priorities which the United States Government may exercise. The Union agrees that any action taken by the Company pursuant to a requirement of the United States Government shall not constitute a breach of this Agreement, provided that the Union is afforded reasonable notice under the circumstances of any action contemplated by the Company which will affect the wages, hours, or working conditions of the employees covered by this Agreement and is given reasonable opportunity to discuss such changes with the Company. Nothing in this Agreement, however, shall be construed to prevent institution of any changes prior to discussion with the Union where such changes are required by the United States Government.

ARTICLE XXIII

ENGINEERS POLITICAL EDUCATION COMMITTEE

The Company agrees upon due notification of the Union to deduct from the wages of each

Attachment 2 FA302221Q0311 13 employee working under the Agreement, who has authorized such deductions in writing, the sum of three cents (.03) per hour voluntary (EPEC) deductions, as certified by the Union, for each hour worked by each employee under this Agreement, commencing on the effective date of the check-off authorization in writing to do so and continuing as long as said authorization is in effect. A copy of each such signed voluntary deduction authorization shall be furnished the Company before voluntary deduction shall be deducted.

Voluntary authorization deduction shall be deducted on a weekly basis, the Company shall· remit such deduction, on a quarterly basis along with employee's name and hours worked to:

Engineers Political Education Committee International Union of Operating Engineers 1125 Seventeenth Street, N. W.

Washington, D.C. 20036

ARTICLE XXIV

GRIEVANCES AND ARBITRATION PROCEDURE

It is the intent of this Article to establish a means for prompt adjustment of grievances. A grievance is defined as a dispute between the Union and the Company regarding the interpretation or application of the provisions of this agreement.

Except for payroll adjustment, no grievances shall be filed or processed based on facts or events, or omissions within the employee's knowledge which have occurred more than ten (10) working days before such grievance is filed. Both parties agree to exert an earnest effort to settle such grievance promptly through the grievance resolution procedure set forth below. Any and all grievances shall be handled during normal working hours without any unnecessary interruption of work.

Grievance Resolution Procedure.

Step 1. The employee shall first confer (normally via teleconference) with the Program Manager in order to amicably settle the matter. The employee may request the Chief Union Steward to be present during this meeting or defer the meeting to the Chief Union Steward for resolution on his or her behalf.

Step 2. If the grievance is not resolved at Step 1, the employee or Steward may file a written grievance. The written grievance shall contain a full statement of the grievance and the facts upon which it is based, the Agreement Article alleged to have been violated and the action, and remedy or adjustment sought. The written grievance shall be submitted to the Company's Program Manager or his designee within five (5) workdays of completion of Step 1. Upon receipt of the written grievance, the Program Manager shall provide a written response to the affected employee and/or Steward. Within seven (7) workdays of receiving the Program Manager’s response, the Chief Steward, Program Manager or designee, and Employee shall either meet in person or by telephone to review the responses and attempt to resolve the issue. If the issue is not resolved, after the conclusion of the Step 2 review, the grievance process will move to Step 3.

Step 3. If not settled/resolved at Step 2, the Union Business Representative may submit the grievance to the Company's Program Director, or his designee, within five (5) working days. The

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Company's Program Director, or his designee, and the Union's Business Representative, or his designee, will meet in person or by telephone conference within ten (10) working days and attempt to resolve the grievance. Upon completion of the meeting, the Company’s Program Director, or his designee, shall submit a written response to the Union Business Representative within ten (10) workdays.

Step 4. Within ten (10) working days from receipt of the Company’s response to the Step 3 meeting, and if unresolved, the Union's Business Representative may submit the grievance to Arbitration by notifying the Company’s Director of Human Resources of its intent to do so. The Union will request the Federal Mediation and Conciliation Service (FMCS) to submit an arbitration panel of seven (7) names to each party. Each Arbitrator included on the panel must be a member of the National Academy of Arbitrators. Within seven days of receipt of the panel, the parties will engage in a process of alternating strikes of names on the panel until one name remains. The remaining arbitrator after alternating strikes will be the arbitrator. The Union will notify the Arbitrator of his selection and will coordinate schedules between the Company, Arbitrator and Union. The Company and the Union will continue to attempt to resolve the grievance prior to arbitration.

The arguments before the Arbitrator will be oral, written, or both. The Arbitrator shall not have the authority to add to, subtract from, modify, alter or change any of the terms of this Agreement.

The Arbitrator's authority is to interpret and apply provisions of this Agreement. The Arbitrator shall be bound entirely by the records presented in the form of evidence presented at the hearing and the Agreement.

The parties may file post-hearing briefs. The Arbitrator shall render his decision within thirty (30) days of the close of the hearing or receipt of the briefs. The Arbitrator's decision shall be in writing.

The award shall be delivered or mailed to each party.

The decision of the Arbitrator shall be final and binding on all parties. The cost of the Arbitrator will be shared equally by the parties.

In cases of cancellation, the party requesting cancellation shall pay all fees and costs of the Arbitrator. In cases where the cancellation is the result of a compromise settlement, fees of costs of the Arbitrator shall be shared equally by the parties.

No more than one (1) grievance shall be submitted to the same Arbitrator unless there is more than one (1) grievance on the same issue.

All time limits shall be strictly adhered to and may only be extended by mutual agreements of the parties. Failure of the grievant, the Union, or the Company to meet the time limits will terminate all proceedings and no further action may be taken. The determination of the grievance will be awarded to the timely party.

Any monetary award shall be limited to the actual loss in contractual wages and benefits incurred by the grievant, less such other compensation, including wages, commissions, worker's compensation and unemployment compensation, as the grievant may have received or which may

Attachment 2 FA302221Q0311 15 be due to the grievant for the designated award period. In no event shall the Company be penalized or in any way be liable for any monetary award or grievance settlement prior to thirty (30) days preceding the date of the filing of the grievance.

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