Attachment 3_CBA.pdf

Attachment 3 – Collective Bargaining Agreements

List of Collective Bargaining Agreements:

1) AGREEMENT BETWEEN ASRC PRIMUS SOLUTIONS, LLC. (“Company”) AND

INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS

(“Union”) DISTRICT LODGE 947

2) AGREEMENT BY AND BETWEEN PAE PROFESSIONAL SERVICES, LLC AND

THE INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE

WORKERS, AFL-CIO, DISTRICT LODGE 725, LOCAL LODGE(S) 2228, 2947, AND 1125

3) AGREEMENT BY AND BETWEEN PAE PROFESSIONAL SERVICES, LLC AND

THE INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE

WORKERS, AFL-CIO, DISTRICT LODGE 947 – MODIFICATION ARTICLE 27

4) COLLECTIVE BARGAINING AGREEMENT BETWEEN PAE PROFESSIONAL

SERVICES, LLC AND LOCAL 804 INTERNATIONAL BROTHERHOOD OF TEAMSTERS

AGREEMENT

BETWEEN

ASRC PRIMUS SOLUTIONS, LLC. (“Company”)

AND

INTERNATIONAL ASSOCIATION OF MACHINISTS AND

AEROSPACE WORKERS (“Union”)

DISTRICT LODGE 947

March 15, 2020 – March 31, 2023

TABLE OF CONTENTS

Article 1. Preamble ……………………………………. 1

Article 2. Union Recognition ……………………………………. 2

Section 1. Union Exclusive Representation ……………………………………. 2

Section 2. Union Bulletin Boards ……………………………………. 2

Section 3. Union Employee Representation ……………………………………. 2

Article 3. Non-Discrimination ……………………………………. 3

Article 4. Management Rights ……………………………………. 4

Article 5. Bargaining Unit Work ……………………………………. 5

Article 6. Union Security ……………………………………. 6

Section 1. Union Member Dues and Fees ……………………………………. 6

Section 2. Check-off ……………………………………. 6

Section 3. Union Deductions and Records ……………………………………. 6

Section 4. Company Indemnification ……………………………………. 6

Section 5. Check-off Form ……………………………………. 7

Section 6. Cancellation of Deduction Authorizations …………………………… 8

Section 7. MNPL Political Check-off Authorization Form ……………………... 9

Article 7. Representation/Stewards …………………………………… 10

Section 1. Union Designated Stewards …………………………………… 10

Section 2. Steward Authorized Duties …………………………………… 10

Section 3. Steward Permission Requests …………………………………… 10

Section 4. Steward Activity Limitations …………………………………… 10

Section 5. Union Business Representative Access ……………………………… 11

Section 6. Non-Authorize Union Activity …………………………………… 11

Section 7. Steward Grievance Adjustment Authorization ………………………. 11

Section 8. Chief Steward Top Seniority …………………………………… 11

Article 8. Substance Abuse Policy …………………………………… 12

Article 9. Workplace Violence …………………………………… 13

Article 10. Workplace Safety …………………………………… 14

Article 11. No Strike – No Lockout …………………………………… 15

Article 12. Government Responsibility …………………………………… 17

Article 13. Technological Changes …………………………………… 18

Article 14. New Job …………………………………… 19

Article 15. Seniority …………………………………… 20

Article 16. Promotions …………………………………… 22

Article 17. Discipline …………………………………… 23

Article 18. Grievance and Arbitration …………………………………… 24

Section 4. Procedure …………………………………… 24

Section 5. Discharge Cases …………………………………… 25

Section 6. Arbitration …………………………………… 25

Section 7. Cost of Arbitration …………………………………… 25

Section 8. Arbitrator’s Authority …………………………………… 25

Article 19. Full-Time / Part-time Employees …………………………………… 26

Article 20. Lead Responsibilities …………………………………… 27

Article 21. Hours of Work …………………………………… 28

Article 22. Leave of Absence …………………………………… 30

Section 1. Thirty (30) Day Unpaid Leave …………………………………… 30

Section 2. Continuing Seniority …………………………………… 30

Section 3. Family Medical Leave Act (FMLA) ………………………………… 30

Section 4. Early Return Criteria …………………………………… 30

Section 5. Union Business Leaves of Absence …………………………………. 31

Section 6. Worker’s Compensation Leaves of Absence ………………………... 31

Section 7. Military Leaves of Absence …………………………………… 31

Section 8. Returning to Classification …………………………………… 31

Section 9. Failure to Return to Work …………………………………… 31

Section 10. Union Four (4) Year Leave of Absence ……………………………. 31

Section 11. Political Leaves of Absence …………………………………… 32

Article 23. Vacations …………………………………… 33

Article 24. Sick Leave …………………………………… 35

Section 1. Eligibility …………………………………… 35

Section 2. Permissible Use …………………………………… 35

Section 3. Calculation of Sick Pay …………………………………… 36

Article 25. Bereavement Leave …………………………………… 37

Article 26. Holidays …………………………………… 38

Article 27. Health and Welfare Benefits …………………………………… 39

Section 1. Eligibility …………………………………… 39

Section 2. Employee Contribution …………………………………… 39

Article 28. 401 (K) Plan …………………………………… 40

Article 29. Rates of Pay …………………………………… 41

Article 30. Successorship …………………………………… 42

Article 31. Severability …………………………………… 43

Article 32. Alteration of Agreement …………………………………… 44

Article 33. Duration …………………………………… 45

ARTICLE 1 – PREAMBLE

The Parties have entered into this Agreement for the purpose of setting forth in writing the understandings they have reached with respect to wages, benefits, and working conditions of the employees covered hereby, as well as to the rights of the Company and the Union, and to provide a peaceful means for the settlement of all disputes which may arise with respect to the interpretation or application of their understandings and agreements as set forth herein.

Neither party shall be required to reopen this Agreement during its term. This agreement can be changed or modified only by a document in writing, signed on behalf of both parties hereto by their duly authorized representatives; provided, however, that written agreements regarding matters or understandings may be made between the Company and the Union and will be binding upon the employee or employees concerned, the Company and the Union.

ARTICLE 2 - UNION RECOGNITION

Section 1. Union Exclusive Representation

The company recognizes the Union as the exclusive representative, for purposes of Collective Bargaining and certified by the National Labor Relations Board in case no. 21-RC-239692 for the employees in the job classifications set forth in this agreement, employed by the Company at its facilities located at 17610

Bellflower Boulevard, Suite A-110, Bellflower California 90706, 435 West Mission Boulevard, Suite 110, Pomona California 91766, 9251 Garvey Ave, Suite Q, South El Monte, California, 91733, 15715 Crenshaw

Boulevard, Room B-112, Gardena California 90249, 1671 San Fernando Road, San Fernando, California

91340. 3747 South La Brea Avenue, Los Angeles, California 90016, 14541 Red Hill Avenue, Tustin

California 92780, 8381 La Palma Avenue, Suite A, Buena Park, California 90620, 3812 La Sierra Avenue, Riverside, California 92505, 2000 Outlet Center Drive, Suite 200, Oxnard, California 93036, and 1015

Wilshire Boulevard, 1st Floor, Suite 100, Los Angeles, California 90017.

a. Included: All full-time, regular part-time, and on-call Biometric Technicians, and Receptionists employed by the Company under its subcontract with the prime contractor.

b. Excluded: All other employees, managerial employees, confidential employees, guards, and supervisors as defined by the National Labor Relations Act.

Section 2. Union Bulletin Boards

The Company will provide one (1) Union bulletin board per location for the Union to post official business of the Union. Legitimate Union notices are defined as:

a. Meeting notices

b. Official Union election results

c. Notices of Union appointments

d. Union social events

e. New labor laws updates

Section 3. Union Employee Representation

The Company acknowledges the Union's rights specifically designated by the terms of this Agreement, as the employee's representative. The Union recognizes its duty to cooperate in any reasonable manner with the Company to support its efforts to assure a fair day’s work by each employee, to cooperate in combating any practices which decrease efficiency and to maintain standards of quality and service.

ARTICLE 3 - NON-DISCRIMINATION

The Company and the Union recognize their obligation to abide by those state and federal laws relating to equal employment opportunity and nondiscrimination. It is understood that wherever in this Agreement employees or jobs are referred to in the male or female gender; it shall be recognized as referring to all employees.

ARTICLE 4 - MANAGEMENT RIGHTS

Section 1. Except as otherwise specifically provided in this Agreement, the Union recognizes and agrees that the management and control of the Company's business, operations, work force and facilities are exclusively vested in the management of the Company. The Company has the right to plan, direct and control the Company's business, methods, operations and work force; to hire, promote, transfer, and lay off employees and for just cause to demote, discipline, suspend or discharge employees; and the right to determine the work to be performed, schedules of work and all services, processes and standards required by the customer or other Government agencies; and the right to make reasonable rules not in conflict with this agreement. It is not intended by the above recitation to limit any of the usual functions of management or to define all such functions.

All matters which are not specifically covered by this agreement are solely functions and responsibilities of management.

Section 2. The Union and the employees shall be notified prior to enforcement of new rules or changes in existing work rules. The Union reserves the right to pursue through the Grievance and

Arbitration procedure, as spelled out in this agreement, rules which it believes to be unreasonable.

ARTCILE 5 - BARGAINING UNIT WORK

Management and employees outside the bargaining unit shall not perform the work customarily performed by bargaining unit employees except for the purposes of instructing bargaining unit employees, emergency situations which shall include but not be limited to situations where the

Employer's obligations and responsibilities to the customer may be jeopardized if such work is not completed, coverage for an employee who may be absent, (until a relief can be found) exclusive of employees on vacation or approved time off or on another Company task, acts of God or natura1 disasters, providing short-term relief during breaks or meal periods where there are two (2) or less bargaining unit employees working at the same time, to demonstrate correct procedures or to guide in troubleshooting, to familiarize themselves with instrumentation techniques and equipment, or to prevent injury to employees or damage to Company or Government property or equipment.

The parties agree that the performance of work shall be temporary and short-term in nature and shall not result in a diminution of normal straight time work opportunity for bargaining unit employees.

ARTICLE 6 - UNION SECURITY

Section 1. Union Member Dues and Fees

Union Security. Each employee covered by this Agreement shall be required, as a condition of employment, beginning 31 calendar days after the date of hire to either become a member of the Union or, at a minimum, pay the Union monthly service charge for the administration of this agreement and bargaining and/or representation under the Grievance Procedure including arbitration. Such monthly service charge for non-members will be paid within the time constraints set forth in this Article.

In the event an employee, who as a condition of continued employment is required to become a member of the Union or provide a monthly service charge, but in any such case does not do so, the Union will notify the Company in writing of such employee’s delinquency. The Company agrees to advise such employee that his employment status with the Company is in jeopardy and that failure to meet his obligation within 30 calendar days will result in termination of employment.

Section 2. Check-off

Upon receipt of a signed authorization from the employee involved, the Company shall deduct from the employee's pay an amount necessary to satisfy the financial obligation to the Union for dues or agency fees during the period provided for in said authorization. Deductions shall be made from the first pay of the employee after receipt of the authorization and monthly thereafter from the first pay of the employee in each month.

Section 3. Union Deductions and Records

Deductions provided in Section 2 shall be remitted to District Lodge 947 no later than the tenth (10th) day of the month following the month in which the deduction was made and shall include all deductions made in the previous month. The Company shall furnish District Lodge 947 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.

Section 4. Company Indemnification

The Union shall indemnify and hold harmless the Company from any and all claims, demands, suits, or forms of liability that shall arise out of or by reason of action taken, or not taken, by the Company for the purpose of complying with any provisions of this article.

Section 5. Check-off Form

The parties agree that check-off authorization shall be in the following form:

INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO

MEMBERSHIP APPLICATION AND/OR CHECK OFF AUTHORIZATION

Name ____________________________________Date ____________ Card No. ____________

Address ____________________________________________ M F Date of birth ___________

City _________________State ____ ZIP ________ Phone _____________ Birthplace _______

SS No. _______________________ Employer _______________________Hourly Wage ______

Hire Date _____________Class of work ______________ Years’ experience Shift: 1 2 3_

Membership Application. Check here: To the Officers and Members of Lodge 311(the "Lodge" or "Union"). I hereby tender my application for membership in the International Association of Machinist and Aerospace Workers, AFL-

CIO (IAM). I understand that while I may be required to tender monthly fees to the Union, I am not required to sign a membership application as a condition of employment and that this application for membership is voluntary. I agree to obey the laws of the IAM and to support the principles of trade unionism, and 1 authorize the IAM and/or its designated affiliate to act as my representative for collective bargaining.

If former member of IAM: Card No. Lodge No. ____ Location __________Last dues paid_

Check-Off Authorization. Check here: I authorize my Employer to deduct from my wages and forward to the Union:

(1) monthly membership dues or an equivalent service fee: and (2) any required initiation or reinstatement fee as set forth in the collective bargaining agreement between the Employer and the Union and the by-laws of the Lodge. This authorization shall be irrevocable for one (1) year or until the termination of the collective bargaining agreement between my Employer and

Union not more than twenty (20) and not less than five (5) days prior to the expiration of the appropriate yearly period or contract term. I expressly agree that this authorization is independent of, and not a quid pro quo for, union membership, but recognizes the value of the services provided to me by the Union. It shall continue in full force and effect even if I resign my

Union membership, except if property revoked in the manner prescribed above.

The following information is strictly voluntary and is requested for the sole purpose of providing improved services to our membership:

I am Caucasian. African American, Asian, Hispanic, Pacific Islander Native American __Other.

Important Notice. I have examined and acknowledge receipt of the attached "Notice to Employees subject to Union

Security Clauses' (on back of pink sheet). I also understand that IAM members have certain rights and privileges as set forth in the IAM Constitution and in various Federal laws, like the Labor Management Reporting and Disclosure Act

(LMRDA). Copies of the IAM Constitution and the LMRDA may be obtained by contacting the IAM General Secretary-

Treasurer, 9000 Machinists Place, Upper Marlboro, MD 20772. Union membership dues and agency fees are not deductible as charitable contributions for Federal income tax purposes. Dues and agency fees, however, may be deductible in limited circumstances subject to various restrictions imposed by the Internal Revenue Code.

YOUR SIGNATURE DATE

Section 6. Cancellation of Deduction Authorizations

Employees wishing to cancel their individual dues deduction authorization and assignment may do so at the following times:

1. Not less than five (5) calendar days nor more than twenty (20) calendar days prior to the yearly anniversary date of the authorization they have on file with the Company.

2. In the year the current Labor Agreement expires, not less than five (5) calendar days nor more than twenty (20) calendar days prior to the expiration date of the contract.

3. Cancellation to become effective as of the first day of the calendar month following the end of such irrevocable period of the due’s deduction authorization and assignment on file with the Company and the Union.

Section 7. MNPL Political Check-off Authorization Form

Political Action Wage Deduction Authorization Card

I, , hereby (Name of

Employee) (Clock/Social Security No.)

authorize and direct to deduct once a month .

(Name of Employer) from my wages the sum of $ and forward this amount monthly to the Treasurer of the Machinists Non-Partisan Political League at 9000 Machinists Place, Upper Marlboro, MD

20772.

I have executed this wage deduction authorization voluntarily without any coercion, duress, or intimidation and none of the monies deducted are a part of my dues or membership fees to the local union. This authorization and the making of payments to MNPL are not conditions of membership in the Union or of employment with the company and I understand that the money will be used by MNPL to make contributions and expenditures in connection with Federal

Elections. This authorization shall remain in full force and effect until revoked in writing by me.

I also understand that my contributions or gift to MNPL is not deductible as a charitable contribution for federal income tax purposes.

ARTICLE 7 – REPRESENTATION/STEWARDS

Section 1. Union Designated Stewards

The Company agrees and it is hereby understood that the Union shall designate, and the Company shall recognize one (1) Shop Steward for each work site. The Union shall notify the Company in writing on Union letterhead of the individuals so selected. If more than one (1) Steward is agreed to by the parties, the Union shall designate one (1) of the existing Shop Stewards as the Chief Shop Steward.

Section 2. Steward Authorized Duties

Subject to other provisions of this Agreement, reasonable and necessary time during their scheduled straight time work hours shall be authorized to permit the Steward to carry out their responsibilities in accordance with this Collective Bargaining Agreement to employees at their worksite, providing the carrying out of these responsibilities will not unreasonably interfere with the assigned work duties of the Steward or the employee involved. The Steward shall record all time expended performing their Steward duties.

Upon completion of such business, the Steward shall immediately report back to work and will advise their on-site supervisor and the Company program manager by email. The Union will ensure that the Steward engages only in those activities, which are authorized by this Agreement. Instances of alleged abuse or misuse of time by the Steward shall be brought to the attention of the Union who shall take the action necessary to correct the problem.

Section 3. Steward Permission Requests

Recognizing the mutual benefit of resolving problems at the lowest level, an employee who has an alleged grievance may discuss the matter with the employee's Steward. The necessary time away from the Steward's official work assignment shall be arranged in a manner to minimize interruption of workflow. When the

Steward finds it necessary to discuss a problem or labor-management disagreement with a unit employee and/or management official, the Steward shall request permission to leave his/her work assignment from the

Project Manager (PM). The PM's permission will be granted unless they determine compelling work commitments dictate otherwise. If permission is initially denied, the PM shall establish an alternate time, which shall be no later than the end of the employee's next workday, at which time the Steward can contact the employee.

Section 4. Steward Activity Limitations

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 either in person or via telephone.

b. To investigate an alleged grievance or a grievance of record before presentation to supervision.

c. To present a complaint or a grievance to the employee's supervisor in an attempt to settle the matter for the employee or group of employees who may be similarly affected.

d. To meet with the supervisor or other designated representative of the Company when necessary to adjust grievances in accordance with the grievance procedure.

e. During an investigative meeting in which it is determined by the PM that an employee may be subject to discipline, if requested, his/her Steward shall be provided.

f. To meet with new employees at the Steward’s assigned work site to provide membership information.

Section 5. Union Business Representative Access

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

PM or other authorized Company Representative, who shall request permission for said Representative to enter the worksite, provided that such rights shall be exercised reasonably and will not interfere with the normal conduct of the Company's operations. Authorized Representatives of the Union must be escorted by a Company Representative at all times they are on the worksite.

Section 6. Non-Authorize Union Activity

It is agreed that the Company shall not be required to pay an employee for any time taken away from work to serve the Union in any official capacity or to serve on any Union committee, except as provided in the

Agreement.

Section 7. Steward Grievance Adjustment Authorization

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

Section 8. Chief Steward Top Seniority

The Chief Steward will have top seniority in the bargaining unit during the time they officially remain in that capacity and will not be laid off or transferred without prior notification to the Union and provided that work is available in their respective work site which they are capable.

ARTICLE 8 - SUBSTANCE ABUSE POLICY

Section 1. 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 to protect the reputation of the Company, Union and employees.

Section 2. The unauthorized use, or being under the influence, sale, transfer, or possession of alcohol, drugs, controlled substances and/or "mood altering" substances, (except the possession or use of prescribed medication, verifiable by a current, properly issued prescription) during work hours (including meals and rest periods), on Company premises, in Company vehicles, or in personal vehicles, while conducting Company business is prohibited.

Section 4. The Company and the Union agree that any violation of this Article may result in the immediate discipline of the employee. The Company and the Union also agree that possession, usage or being under the influence of alcohol on Company premises or in a Company Vehicle may result in discipline of the employee.

Section 5. Pre-employment drug testing is a condition of employment.

The Company’s Drug and Alcohol Policy is incorporated by reference in this Agreement.

ARTICLE 9 - WORKPLACE VIOLENCE

The Company and the Union are committed to maintaining and fostering a work environment that is safe and free as possible from acts or threats of violence or intimidation. Any employee aware of actual or threatened violence shall report it immediately to their supervisor, any manager, or the

Human Resources Department.

ARTICLE 10 – WORKPLACE SAFETY

The Company is committed to maintaining a safe working environment. Any employee aware of any actual or potential safety hazards shall immediately report such information to their supervisor, any manager, or the Human Resources Department. The Company is committed to maintain sanitary conditions at each location and to provide adequate first aid supplies.

Employees designated to wear safety equipment shall wear such equipment at all appropriate times while on duty. Any required safety gear, for the protection of the employees, shall be furnished by the Company.

ARTICLE 11 - NO STRIKE - NO LOCKOUT

No Strike, Work Stoppage or Slow Down Terms

It is expressly understood and agreed that the business of the Company is directly related to the important and vital work of the United States Government and that efficient and uninterrupted services must be furnished by the Company. Therefore, the parties agree that during the term of this Agreement:

a. There shall be no lockout, strike, sympathy strike, sit down, work stoppage, stay in, slow down, refusal to work, picketing, or any other action which would interfere with any of the operations of the Company.

b. The Union (its officers, and/or agents and/or members) shall not authorize, encourage, sanction, or take part in any strike, sympathy strike, sit down, work stoppage, stay in, slow down, refusal to work, picketing or any other action which deliberately interferes with any of the operations of the Company.

c. Any employee or employees, individually or collectively, who shall cause, encourage, or take part in any violation of this article, or any activities prohibited by this article, may be immediately discharged, or subject to other disciplinary actions as the Company may consider appropriate.

Any such disciplinary action shall be subject to the grievance procedure and arbitration procedure as defined herein. If it is determined under the established grievance/arbitration procedure that such an employee(s) did participate in such an action, in violation of this provision, the disciplinary action taken shall not be altered. If the decision under the grievance and arbitration procedure is that such an employee or employees did not participate in such acts, the redress shall be as determined by the grievance/arbitration procedure and limited to "making whole" the individual employee involved, if warranted.

d. In the event of a violation of this article, the Union (its officers, agents and members) individually and collectively agree that it will use its best efforts and end such prohibited conduct, taking actions including:

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

2. Immediately notify all employees in writing that such prohibited conduct is in violation of the Agreement.

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

4. Make every other reasonable effort to have employees cease such prohibited acts.

The Company agrees that it will not engage in any lockout of employees during the term of the

Agreement.

ARTICLE 12 – GOVERNMENT RESPONSIBILITY

Section 1. The Union recognizes that the Company is a subcontractor to the ASC prime contractor and that the Company is required at all times to fully meet its obligations as a subcontractor. The prime contractor has broad discretion to direct the activities of the Company within the scope of the subcontract. In that regard, the prime contractor may supersede any understanding of the parties hereto regarding assignments, hours, shifts, credentials, qualifications, and any other operational issue, as the prime contractor deems to be in the interest of its overall operational objectives or to meet the needs of the Government customer. The Company will discuss and negotiate the effects of any such changes or directives with the Union prior to their implementation, to the extent the

Company is able to do so and will provide written documentation of the prime contractor’s actions or directions unless such disclosure is expressly prohibited.

Section 2. Notwithstanding any provision of this Agreement, to the extent that prime contractor requires compliance with specific procedures (e.g., security clearances, medical examinations, appearance standards, staffing determinations, etc.), or the requirements of the Service Contract

Act, the Company and Union will comply with those requirements. If the effect of such requirement supersedes an otherwise contractual right of either party hereto, and a request by that party is made to the other within thirty (30) calendar days of the change, the parties will meet and confer regarding the effects of the change.

Section 3. The Union recognizes that the approving Government Agency may withdraw credentials or certifications or request the removal of any bargaining unit employee from the contract. Should this occur, the Company will investigate the facts that resulted in the action. If the investigation facts warrant it, the Company will prepare a letter requesting reconsideration of the employee’s removal and a copy of the letter will be provided to the local Union President or his designee.

ARTICLE 13 - TECHNOLOGICAL CHANGES

The Company agrees that when for any reason technological changes take place that require additional knowledge and/or skill on the part of its employees, such employees will be given the opportunity to acquire any knowledge and skill necessary to retrain. The Company agrees to furnish the necessary instructions at such employees’ prevailing rates of pay. The Company shall establish at its own expense, during regularly scheduled working hours, an adequate retraining program for affected employees.

ARTICLE 14 – NEW JOB

Section 1. When new jobs are required that cannot, in the Company’s sole discretion, be properly encompassed within an existing job classification, the Company will notify the Union in writing of the requirements. The Union will have thirty (30) calendar days from the date of receipt of notice in which to request collective bargaining regarding the rate of pay and benefits. If necessary, this matter is subject to the grievance procedure up to and including arbitration. The job classification and wage rate established and implemented by the Company will remain in effect unless ruled unreasonable by the Arbitrator.

Section 2. When a new job is required, all bargaining unit employees, inclusive of laid-off employees, will be notified and given the opportunity to apply for the position before new hiring consideration. The Company shall have sole discretion to determine whether bargaining unit employees are qualified for the position. Shall there be more than one (1) qualified bargaining unit employee for the position, the Company shall offer the position to the senior employee.

ARTICLE 15 – SENIORITY

Section 1. Seniority is defined as including the whole span of service with the present contractor, or successor, and with predecessor contractors, in the performance of the ASC contract. On the effective date of this agreement, all employees who have satisfied their probationary period shall be credited with their years of service which he or she held immediately prior to the Agreement’s effective date. Any employee hired after ratification of this agreement will have their seniority date established as their date of hire by the Company. Employees transferring into this contract and into the bargaining unit from another ASC location and classification as per article 2 (Union Recognition), will retain their service date of hire for vacation and fringe benefits.

Section 2. It is understood that seniority, as defined in this article, and qualifications shall govern in the filling of vacancies within job classifications, promotions, layoffs, and recalls.

Section 3. A new employee shall be in a probationary status until he has completed ninety (90) calendar days from the last date of hire. During the first ninety (90) calendar day period, the Company may transfer, layoff or discharge such employee at will. Such action shall not be reviewable through the grievance procedure for the first ninety (90) calendar days. After ninety (90) calendar days, the employee will be placed on the seniority roster and his seniority date will revert to the hire date referenced above. Seniority order for employees with common hire dates will be determined by the employees having the lowest social security number (the last four (4) numbers of one’s Social Security Number) shall be considered as having the least seniority for tie breaking purposes.

Section 4. Loss of seniority will result under the following:

Seniority of an employee will be broken under the following conditions and, when so broken, such employee shall be, for all purposes, considered a new employee if and when rehired.

a. Resignation or quit;

b. Retirement;

c. Discharge for cause;

d. Failure to return from leave granted with a Leave of Absence;

e. Layoff in excess of twelve (12) months;

f. Failure by the employee to notify the Company of the employee's intention to return to work in response to a recall notification via certified mail within forty eight (48) hours after the receipt of such recall notice, and of the employee's return to work within fourteen (14) calendar days following the receipt of such notice;

g. Transfer or promotion out of the bargaining unit in excess of ninety (90) calendar days;

h. Absence from work for three (3) consecutive working days with no contact with the

Company, unless excused by the Company;

i. Acceptance of employment with another employer while on an approved leave of absence.

Section 5. The Company will post a seniority list at least once every twelve (12) months (once a year) or when a personnel change occurs within the year. The list will show each employee's name, seniority date, hire date and classification. This provision will not prohibit the Union from requesting seniority lists more frequently than once per year.

Section 6. When reducing the workforce, the Company will lay off in reverse order of seniority by classification. The most junior is laid off first. The last employee laid off will be the first recalled. Employees who have previously held a lateral or lesser job classification will have the right to displace a less senior employee.

Section 7. The Company will notify the Union and the employees affected of pending layoffs at least (2) two weeks prior to layoff, if possible, to do so. Affected employees will be given a layoff notice and will be responsible for notifying the Company of their current address.

Section 8. If any employee is on layoff and declines an offer of employment to a position in which he/she has recall rights, then he/she shall forfeit any rights to that job.

Section 9. If an employee is on active payroll and is subject to a layoff and declines an offer to return to a position in which he/she has return rights, then he/she shall forfeit any rights to the job.

Section 10. In instance where the Company must conduct a layoff, then employees covered under this agreement will be allowed to volunteer for such layoff. If an employee elects to take the layoff out of seniority, then it is understood that such employee shall forfeit all recall rights specified in this Article.

ARTICLE 16 – PROMOTIONS

Section 1. When a position opens at a worksite, the Company shall upgrade qualified employees to any open bargaining unit position(s) from within the bargaining unit. If two (2) or more employees are eligible and express an interest, and the employees’ qualifications are substantially equivalent as determined by management, seniority will be the determining factor.

If no qualified employee within the bargaining unit expresses interest in the position, the

Company may use other means to fill such vacancies.

Section 2. The Company shall notify all applicable bargaining unit employees of any openings to be filled by email and posting such openings on bulletin boards at least seven (7) calendar days prior to filling such vacancies. The notice shall contain the position(s) open and the method that employees may apply for such openings.

Section 3. Upgraded employees will be considered on probation in the new position for thirty

(30) calendar days after upgrading. During this period, the Company may, at its discretion, reclassify the employee(s) to their former occupations if it is determined by the Company that the employee(s) are not meeting the minimum qualifications for that job classification.

Section 4. The Company may temporarily upgrade an employee to a higher paid classification.

Temporary upgrades will be offered to the senior qualified employee at the worksite. The employee shall receive the pay rate for the classification of work that they are performing.

Temporary Upgrades shall not be used to circumvent promotion to any regularly permanent position and shall not be used more than thirty (30) calendar days.

Section 5. The Company must pay upgraded employees the higher labor rate for the upgraded position per the CBA for the entire work week.

ARTICLE 17 – DISCIPLINE

Section 1. The Company shall only initiate disciplinary action for just cause. The Company’s

Workplace Conduct/Discipline policy is incorporated by reference.

Section 2. In cases involving serious misconduct, the supervisor may suspend the employee immediately and, if appropriate, recommend termination of the employee. An investigation of the incidents leading up to the suspension shall be conducted to determine what further action, if any, should be taken.

Section 3. Any employee who has been terminated or suspended shall have the right to expedite the filing of a grievance as set forth in Article 14.

Section 4. Employees shall have the right to request Union representation during any interview that may be disciplinary in nature or lead to any discipline. Upon the employee’s request, the

Steward shall be notified and be given the opportunity to attend such interviews. Nothing in this section is intended to circumvent an employee’s Weingarten rights, if a steward is unavailable.

Section 5. The parties recognize the practice and desirability of corrective or progressive disciplinary procedures except where the infraction warrants immediate discharge.

Section 6. All letters regarding the employees discipline (warning or suspension) will cease to have effect, for progressive disciplinary purposes, after a period of twelve (12) months from day of issuance provided that there has been no related repetition of such conduct or circumstances during the applicable twelve (12) month period.

Section 7. The signing of a warning, suspension, or termination notice is not an admission of guilt, only an acknowledgment that the employee has received a copy of said warning notice.

ARTICLE 18 – GRIEVANCE AND ARBITRATION

Section 1. The word “grievance” as used in this Agreement means a complaint filed by an employee and/or the Union against the Company alleging failure of the Company to comply with any provisions of this Agreement. Employees are encouraged to present any concerns to their supervisor before initiating the grievance procedure.

Section 2. A grievance, to be recognized, must be brought to the Company’s attention within ten

(10) working days of its occurrence, from the time the Union knew or should have known of the fact or facts upon which the grievance is based.

Section 3. If the Company fails to answer within the time limits set forth in the Agreement, the grievance shall automatically proceed to the next step. The parties may agree to extend time limits as needed.

Section 4. Procedure. Grievance shall be handled in the following sequence and manner:

1. At Step 1, the employee or employees and Shop Steward shall take the matter up with the

Project Manager within ten (10) working days of knowledge of infraction, and the grievance shall be presented in writing on a form agreed to by the parities. The grievance shall specify the Article and Paragraph of the Agreement claimed to have been violated. Said grievance will be signed by the affected employee or employees, if applicable, as well as the Shop Steward. If the matter is not satisfactorily resolved within said five (5) calendar days after the grievance was submitted, in writing, to the Project Manager, the grievance may be processed at step 2.

2. At Step 2, the Union’s Business Representative shall, within ten (10) working days of the completion of Step 1, take the matter up with the Project Manager. The Business Representative shall present the grievance in writing at Step 2. If the matter is not satisfactorily resolved within five (5) working days after having taken the matter up with the Project Manager at Step 2, the grievance may be processed to Step 3 in accordance with provisions hereinafter set forth.

3. At Step 3, the Union’s Business Representative shall, within ten (10) working days of the completion of Step 2, take the matter up with the Company’s Manager of Labor Relations. The

Business Representative shall present the grievance in writing at Step 3. If the matter is not satisfactorily resolved within ten (10) working days after having taken up the matter with the

Manager of Labor Relations at Step 3, the grievance may be processed to Arbitration in accordance with provisions hereinafter set forth.

4. Option of Mediation Step 4 If no settlement is reached in Step 3, then by mutual consent the Union and the Company may in writing, request the matter be submitted to a mediator for a prompt hearing. The parties shall jointly request from the Federal Mediation and Conciliation

Service a mediator be assigned to hear the case. The recommendation of the mediator will not be binding unless so agreed by both parties. If both parties agree to the recommendation of the mediator, the grievance will be resolved.

Section 5. Discharge Cases The Company reserves the right to discipline or discharge employees in accordance with the Company’s Workplace Conduct/Discipline policy. Should the Union dispute the Company’s discharge decision as not being for just cause, then such dispute may be processed as a grievance starting at Step 3 of the Grievance Procedure.

Section 6. Arbitration If within ten (10) working days from and after the day that the Company’s answer to Step 3 was given to the Union, the grievance is not satisfactorily resolved, the Union shall have the right to appeal the grievance to arbitration. Either party may extend the filing period by five (5) workdays by notifying the other party in writing. The arbitrator shall be selected from a panel of seven (7) submitted to the parties from the American Arbitration Association. Both parties agree that a request for arbitration must be submitted to the Company within the proper time frame from the receipt of the Company’s answer to Step 3 or the right to arbitrate that grievance is forfeited.

Section 7. Cost of Arbitration All fees and expenses of the Arbitrator shall be borne by both parties, except where one of the parties to the Agreement requests a postponement of a previously scheduled arbitration hearing which results in a postponement charge. The postponing party shall pay such charge unless such postponement results in or from settlement of the grievance, in which case the postponement charge shall be borne equally by the parties. A postponement charge resulting from a joint postponement request shall be borne equally by the parties. Each party shall pay any and all expenses for their own representatives and witnesses.

Section 8. Arbitrator’s Authority The Arbitrator shall have the authority to determine the procedural rules of arbitration and shall have the authority to make such binding awards as are necessary to enable him to act effectively, subject to the following:

The decision of the Arbitrator shall be binding upon the Company, the Union, and the aggrieved employee or employees. The Arbitrator shall have no power to add to or subtract from or modify any of the terms of this Agreement or modifications thereto or any Agreements made supplementary hereto or to substitute his discretion in cases where the Company is given discretion by this Agreement or any modifications as provided herein. Any back-pay award shall be reduced by any sums received as unemployment compensation, from interim employment, and/or by such amount as the arbitrator deems reasonable if he/she finds that the employee failed to mitigate damages.

ARTICLE 19 –FULL TIME/PART-TIME EMPLOYEES

Full-time – A full-time employee shall be an employee who is regularly scheduled to work forty

(40) hours per week.

Part-time – A part-time employee shall be an employee who is regularly scheduled to work twenty (20) hours per week, An on-call employee is an employee who does not have a regular work schedule and who is called to work on an as-needed basis.

This agreement shall not be construed as guaranteeing any employee a specific number of hours of work per day or per week. The Company shall not be limited in the exercise of its right to require an employee to work overtime.

Part-time and on-call employees shall be entitled under this Agreement to the same rights and privileges as full-time employees on a pro rata basis except as otherwise noted in this Agreement or by separate agreement between the Company and the Union. Part-time and on-call employees shall earn fringe benefits on an hourly pro rata basis, including but not limited to holiday or vacation pay.

ARTICLE 20 – LEAD RESPONSIBILITIES

Section 1. It is agreed that the Company may use employees in a lead capacity only at those sites and for such time periods as the Company deems appropriate and necessary. Lead positions must be filled by qualified and skilled bargaining unit employees. Those circumstances in which other factors listed in this paragraph are equal, seniority shall be the determining factor.

Section 2. On occasions when the Company determines it is necessary to delegate lead responsibilities, employees so selected shall be expected to:

a. Make detailed work allocations as instructed by the supervisor.

b. Be responsible for furnishing sufficient and accurate information to employees working under his direction.

c. Interpret information, answer questions, review, check work, and eliminate ordinary difficulties.

d. Perform other duties and responsibilities necessary to accomplish work assignments.

Section 3. Employees selected to temporarily perform lead responsibilities will not appraise the work of other employees or make, as a result of solicitation by a supervisor or manager, recommendations concerning employment, release, transfer, upgrading or disciplinary action relative to other employees, or to be directly responsible for the quality or quantity of work produced by other employees

Section 4. Any employee selected by the Company to perform lead responsibilities for twenty

(20) or more hours per week shall receive one dollar and seventy-five cents ($1.75) per hour in addition to their regular straight-time base rate of pay for all hours worked in that week.

Section 5. It is understood that if an employee is performing lead responsibilities for less than twenty (20) hours a week they will only receive lead pay for actual hours worked performing lead responsibilities.

ARTICLE 21 - HOURS OF WORK

Section 1. Eight (8) consecutive hours, exclusive of a meal period of a minimum of thirty (30) minutes, shall constitute a normal work shift for full-time employees.

Section 2. The workweek for payroll purposes shall consist of seven (7) consecutive calendar days beginning on Monday and running through the following Sunday.

The normal work schedule shall be Monday through Friday. Alternate work schedules may be directed by the customer, consisting of five (5) consecutive days, with two (2) consecutive days off. All work schedules shall have two (2) consecutive days off.

Nothing in this Agreement shall be construed as a guarantee of work hours.

Section 3. All employees will receive two (2) uninterrupted paid fifteen (15) minute breaks per eight (8) hour day. One (1) to be taken during the first half of their workday and one (1) to be taken during the second half of their workday.

In the event any employee is required to work beyond any ten (10) hour workday, the affected employee will receive an additional unpaid one-half (½) hour lunch break prior to commencing additional work. The Company shall follow all state and federal laws.

Meal periods shall begin not earlier than four (4) hours after the start of each shift, and not later than five (5) hours after the start of each shift. An employee who is required to work overtime will be allowed a one-half (½) hour lunch break after two (2) hours of overtime worked in a day.

If the employer requests the employee to work through a meal period, the employee shall be paid in accordance with California state law.

Section 4. An employee who is scheduled and reports for work at the scheduled time without having been notified not to report, shall receive pay not less than four (4) hours pay at his/her working rate. If more than four (4) hours are worked, the employee shall receive pay for actual hours worked.