Attachment 3 - CBA.pdf

AGREEMENT

Between

United Food and Commercial Workers Union, Local 2008 and

The Bionetics Corporation

Effective

February 26, 2022 through February 25, 2025

75F40123R00001 Attachment 3 -CBA

Timothy.Walbert Highlight

Timothy.Walbert Highlight i

Table of Contents Article 1 - Intent and Purpose

Article 2 - Recognition of the Union and Bargaining Unit

Article 3 - Union Security

Article 4 - Management Rights

Article 5 - Employee Rights

Article 6 - Discharge and Discrimination

Article 7 - Seniority

Article 8 - Weekend Work

Article 9 - Promotions and Transfers

Article 10 - Dispute Procedure

Article 11 - Working Conditions

Article 12 - Leaves of Absence

Article 13 - Vacations

Article 14 - Sick Leave

Article 16 - Separation Pay

Article 17 - Union Cooperation

Article 18 - No strike. No lockout

Article 19 - Physical Examinations

Article 20 - Employee Safety Review Committee

Article 21 - General Conditions

Article 22 - Time Cards

Article 23 - Wages and Health and Welfare

Article 24 - 401(k)

Article 25 - Government Requirements

Article 26 - Separability

Article 28 - Expiration And Renewal

Schedule A - Wage Rates

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Agreement

This Agreement has been entered into between The Bionetics Corporation, hereinafter referred to as the "Employer" or the "Company," and the Professional and Health Care Division, United Food and Commercial Workers International Union, Local No. 2008, hereinafter referred to as the "Union."

Article 1 - Intent and Purpose

1.1 The Employer and the Union each represent that the purpose and intent of this Agreement is to promote cooperation and harmony, to recognize mutual interest, to provide a channel through which information and problems may be transmitted from one to the other, to formulate rules to govern the relationship between the Union and the Employer, to promote efficiency and service, and to set forth herein the basic agreements covering rates of pay, hours of work, and conditions of employment.

1.2 This contract represents the entire Agreement between the parties and both agree that they have exercised their rights in negotiations and neither has the right to add to or subtract from the items covered by this contract without the mutual consent of the parties.

Article 2 - Recognition of the Union and Bargaining Unit

2.1 The Employer recognizes the Union as the sole and exclusive bargaining agent with respect to rates of pay, wages, hours of employment, and other conditions of employment for all employees of the Employer at the National Center for Toxicological Research at Jefferson, Arkansas, involved in the performance of the Company’s Animal Care, Technical Procedures, Formulations, and Veterinary Care Services contract at NCTR (Contract No. HHSF223201710133C), but excluding guards and supervisors as defined in the National Labor Relations Act, as amended.

2.2 All procedures and duties performed within facilities that are normally considered duties of the bargaining unit as certified, with the exception of work performed by a scientist or technologist, may be subcontracted at the discretion of the Employer, so long as this Union contract is honored fully.

2.3 The Employer agrees not to enter into any agreement or contract with his Union-eligible employees, written or oral, individually or collectively, which in any way conflicts with the terms and provisions of this Agreement. Nothing in this Section is intended to, nor shall it, diminish any rights of the Employer in Sections 4.3 or 17.2.

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Article 3 - Union Security

3.1 Upon request of the Union, the Employer shall, for the term of this Agreement, but in no way as a condition of employment, deduct initiation fees, as authorized, and shall deduct one-half (½) of the union dues from the first (1st) pay of each month and one-half (½) from the second (2nd) pay of each month of employees who are members of the Union and who individually and voluntarily certify in writing authorization for such deductions. The authorization and assignment shall be irrevocable for a period of one (1) year from the date of execution or until the termination date of the Agreement between the Employer and Local 2008, whichever occurs sooner, and from year to year thereafter, unless not less than thirty (30) days and not more than forty-five (45) days prior to the end of any subsequent yearly period the employee gives the Employer and the Union written notice of revocation bearing the employee's signature thereto. The Employer shall remit all sums deducted in this manner to the President of Local No. 2008 within fifteen (15) days of the end of each month. Prior to the request contained in the first (1st) sentence, deductions aforesaid shall be made from the second (2nd) pay of each month.

3.2 The Union shall indemnify, defend, and hold the Employer harmless against any claim or liability arising out of the administration of this Article.

3.3 Each month the Employer will furnish the name, position for which hired, starting rate, address, work location, Social Security number, birth date, and employment date of each new employee. The Employer shall also furnish the names of employees terminated each month along with the reason for termination.

3.4 In the event the Employer introduces major technological changes affecting bargaining unit work, the Employer will give the Union ten (10) days' advance notice of such changes before such changes are implemented. The Employer will meet with the Union to discuss the implementation of such changes and seniority, if affected, before putting such changes into effect.

3.5 Active Ballot Club Deduction. The Employer is directed to make a uniform, bi-weekly deduction for the Active Ballot Club from those employees who voluntarily so authorize the Employer. Such funds shall be remitted to the Local Union.

3.6 Should there be any change in the Arkansas law or federal law to permit the Union Shop, the following will be effective thirty (30) days following the effective date of such change.

It shall be a condition of employment that all employees of the Employer covered by this Agreement become members of the Union in good standing within thirty (30) days of employment or the effective date of law change and shall remain members in good standing.

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Article 4 - Management Rights

4.1 Except as expressly and unequivocally limited by the language of this Agreement, the Employer shall have the exclusive right and prerogative to manage, conduct, and direct its operation, including, but not limited to, the rights to manage and operate its facility and contract at NCTR (hereafter the "Facility"); to decide what work or services shall be performed by the Employer or by the employees covered by this Agreement, including, but not limited to, the right to subcontract or discontinue work; to direct the working forces, including to hire, establish hours of work and assign employees to work, transfer, suspend, discipline, or discharge employees for just cause, or lay off employees for lack of work or for other reasons; the right to determine the skill mix of its workforce;

the right to establish, change, or introduce new or improved methods, materials, facilities, machinery, or techniques; to establish and enforce rules and regulations relating to the operation of the Employer and employees' conduct; to schedule overtime work and hours of work; and to control and direct the use of its machinery and materials.

4.2 The Employer has the right to introduce and purchase any new equipment and machinery, improve and modify existing machinery and equipment, to remove machinery, change product or product lines, and to add to or remove operations, as it sees fit, but the employees working on new, improved, or modified machinery or equipment, or new, improved, or modified products or product lines or operations shall remain in the bargaining unit.

4.3 Rules and Regulations. The Employer shall have the right to establish, maintain, modify, change, and enforce reasonable rules and regulations to assure orderly Facility operations, it being understood and agreed that such rules and regulations shall not be inconsistent or in conflict with the provisions of this Agreement.

The Employer shall maintain on its bulletin board and furnish the Union with a written or printed copy of all such rules and regulations.

4.4 The Company may create additional wage and job classifications, provided that the Company shall meet and confer with the Union before effectuating such changes and that such changes shall not result in any employee employed as of August 1, 2001, suffering a reduction in pay.

Article 5 - Employee Rights

5.1 All employees in the bargaining unit should have equal employment and working conditions. To assure these employee rights, management and Union Stewards shall establish a professional approach to the daily problems arising between the parties. Both parties shall strive to make our industry an industry run by professionals. This Section 5.1 is intended to assure that all employees in the bargaining unit are afforded the benefits of this Agreement and is not intended to affect the Company's right to assign work or to require that jobs be rotated among all employees.

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5.2 This Agreement provides minimum standards only and shall not prevent the Employer from granting additional payment or benefits, so long as such granting is not otherwise violative of this Agreement or state or federal laws.

Article 6 - Discharge and Discrimination

6.1 The Employer shall not discharge any employee without just cause and shall give at least two (2) written notices of similar magnitude against such employee, to the employee and to the Union, except that no warning notice need be given to any employee before discharge if the offense constitutes just cause for immediate termination. Examples of offenses that constitute just cause for immediate termination are proven dishonesty, sleeping on the job, drug abuse, incivility, harassment on the basis of race, age, sex, religion, national origin, ethnicity, disability or sexual orientation, insubordination, falsification of application for employment [discharge for falsification of application for employment must be within ninety (90) days from date of hire], recklessness resulting in or which could result in a serious accident while on duty, cruel and abusive treatment of an animal, any action by an employee which is contrary to an established scientific or technical procedure, in which employee has been trained or which has been instituted by the Employer, which could or does cause jeopardy to the validity of the data derived from any study or experiment, refusal of any employee to accept a job assignment, intentionally falsifying Company records, deliberately restricting work production, engaging in sabotage or espionage , being under the influence of an alcoholic beverage or drug while on Center property during working hours, drinking or possessing an alcoholic beverage or illegal drug on Center property, carrying unauthorized weapons or ammunition on Center property or engaging in violence or making threats of violence. Warning notices (verbal and written) shall be void upon the passage of twelve (12) months from the most recent warning without the employee having committed an additional offense.

6.2 There shall be no discrimination on the part of the Employer against any employee or any individual being considered for employment because of race, color, age, creed, sex, religion, national origin, sexual orientation or genetic information. The use of the masculine pronoun in this Agreement is for convenience only, and shall be construed to refer to male and female alike.

6.3 The Employer shall not discharge or discriminate against any employee for upholding the Union principles or serving on a committee of the Union or any of its organizations.

6.4 Stewards shall be present if an employee is threatened with the loss of his job, unless the employee makes a request not to have the Steward present.

6.5 The Employer will comply with the requirements of the Americans with Disabilities Act.

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6.6 A. The parties recognize that Section 6.1 essentially establishes a progressive discipline process, except for those specifically listed instances, in which case it is agreed that discharge for the first (1st) offense is appropriate. The progressive discipline procedure will be followed, except for those listed offenses which the Company reserves the right to terminate for first (1st) offense.

Step 1: Verbal warning.

Step 2: A written warning setting forth the specific complaint or complaints against the employee.

Step 3: A second (2nd) written warning (of similar magnitude given in Step

2) which may be accompanied by time off (suspension) of up to two (2) days. The second (2nd) written warning will contain a notification that any subsequent violation of the rules and regulations occurring within twelve (12) months may, in the discretion of the Company, result in immediate discharge. In addition, the Company may elect to place the employee on a performance improvement plan (PIP). The PIP will specify a time period in which specific areas of performance must be improved.

If at any point during the PIP the Company determines that the employee is not meeting the requirements of the PIP or is not making sufficient progress to improve his performance, the employee may be moved to Step 4 (termination) of the progressive discipline process.

Step 4: Termination.

B. In the event that an employee commits an offense that constitutes just cause for immediate termination as provided in Section 6.1, the Company in its sole discretion may, nonetheless, elect to use progressive discipline. In such cases, discipline shall begin at Step 2 or 3 of the disciplinary procedure as determined by the Company in its sole discretion.

C. In the event that an employee’s failure to perform or properly perform job duties results in a serious injury to or death of an animal, the Company may elect to begin discipline at Step 2 or Step 3, or in clear and well-documented cases, Step 4. Regardless of the step at which discipline begins, the grievance arbitration procedure will apply.

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Article 7 - Seniority

7.1 Definition. Seniority means length of service in the employ of the Employer and shall be computed from the date of last hiring. With respect to those employees who, on August 1, 1984, were already employed by the previous employer at the Facility, seniority or length of service shall include the continuous employment at this Facility or project after the probationary period is completed.

7.2 In all cases within the bargaining unit of decrease in force, recall, or promotion, preference shall be given to employees with the greatest length of seniority where the relative experience, past job performance, skill and ability of the employees, and qualifications of the employees to perform the work are equal. Production Aides with a LAT Certification will be given promotions to Technician over employees with an ALAT Certification. In any case where the Employer departs from strict seniority, it shall have the burden of proving the qualitative difference between the employees involved.

7.3 When an employee who is promoted to management returns to the bargaining unit the seniority of that employee shall only be that which is earned while in the bargaining unit.

7.4 Seniority shall be considered broken and all rights under this Agreement forfeited upon the occurrence of any of the following events:

A. Absence from work without leave, as hereinafter provided for in this

Agreement, for three (3) consecutive work days unless the employee can prove that his failure to apply for and obtain such leave was due to circumstances beyond his control.

B. Failure to report for work and return to work, when laid off, in accordance with the following: An employee shall be given two (2) weeks' notice of recall mailed certified mail to the employee's last address in the Employer's records, with a copy to the Union, and the employee shall, within ten (10) days after the sending of the notification of recall, notify the Employer of his intent to return to work. If the employee fails to give notice of intent to return or fails to return to work as scheduled, he shall lose all seniority rights under this Agreement. It shall be the responsibility of each employee to keep the Employer informed of the employee's correct address.

C. Voluntary termination or retirement.

D. Discharge for just cause.

E. While on leave of absence and without consent of the Company, engagement in other employment.

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F. Failure to report for work at the first (1st) regular shift after termination of a leave of absence, where no extension of the leave has been granted and without an excuse acceptable to the Company.

G. Layoff status for a period equal to his length of continuous service with the

Company or eighteen (18) months, whichever occurs first (1st).

H. Approved continuous disability leave for a period of twelve (12) months.

7.5 A seniority list of all employees in the bargaining unit will be electronically furnished monthly to the Union including, to the extent available to the Company, name, address, telephone number, last four digits of Social Security number, date of hire, rate of pay, shift and job classification/department. The Union shall monthly furnish the Employer with a current list of Shop Stewards and shall notify the Company promptly of any changes. The Company will not recognize any Steward or cease to recognize any Steward without written notification.

7.6 Any controversy over seniority shall be subject to adjustment, settlement, and arbitration in the same manner as other controversies arising under this contract.

7.7 New employees shall be on a ninety (90) day probationary trial period and may be discharged during the probationary trial period by the Employer without the necessity for establishing just cause or any other excuse. Discharges during the probationary period will not be the subject for the grievance or arbitration procedures provided in this Agreement nor give rise to any other right or claim of relief on the part of such employee. However, after the employee has successfully completed the probationary period, the seniority date shall revert back to the beginning date of employment. During such probationary trial period, all other terms and provisions of this Agreement shall apply, unless otherwise exempted herein. The ninety (90) day probationary period contemplates that an employee will be on the job for ninety (90) days and not be absent due to illness, injury, or other reason. If the employee is not on the job for the full ninety (90) days, the Company and the Union may agree to extend the probationary period for a mutually agreeable period of time.

Article 8 - Weekend Work

8.1 Assignments to weekend work shall be on the basis of seniority among employees who are trained and proficient to perform the required procedures. The most such senior requesting employee will be given the assignment if he requests such assignment within ten (10) days of the work day. In the event that additional employees are required, the assignments will be offered to the next most senior qualified employee in the work group.

In the event no one accepts the additional assignments, such assignments will be on the basis of reverse seniority. New hire employees within a given work group and present employees transferred from one (1) work group to another will have no more than three (3) months to be trained and able to perform the required experimental procedures for

- 10 -weekend duties within that work group. For purposes of this Section 8.1, an employee’s qualification to perform the weekend work will be based upon the written training record.

Probationary employees will not be assigned weekend work unless they have been trained and are able to perform the required experimental procedures as documented in the written training record. Notwithstanding anything to the contrary contained herein, the Employer reserves the right to administer this Article to evenly and uniformly distribute weekend work.

8.2 Employees assigned to work weekends shall receive pay at an overtime rate of one and one-fourth (1¼) the employee's hourly pay rate for Sunday work.

8.3 Employees posted to work on weekends may switch such weekends with another employee provided that:

A. The employee substituting for the posted employee is fully qualified and proficient to perform the work;

B. Such substituted employee will not accrue more than forty (40) hours in the week, except at the Company's direction;

C. If for any reason the substituted employee is unable to work on the switched weekend, the posted employee works as posted on that weekend; and

D. The Company is notified of the switch seven (7) calendar days in advance in writing signed by the posted employee and the substituted employee. In cases where the Company and the employee agree that an emergency exists, the written notice described above may be submitted less than seven

(7) days in advance.

Article 9 - Promotions and Transfers

9.1 With respect to the filling of a permanent vacancy between work groups (except Diet Preparation), notice shall be posted on the bulletin board for five (5) days (excluding Saturday, Sunday, and holidays) to apply for the vacancy. In selecting an employee to fill the position, the Company shall give preference to employees with the greatest length of seniority where the relative experience, past job performance, skill and ability of the employee and qualifications of the employee to perform the work are equal. In implementing this provision, the following shall apply:

A. The Company shall not be required to post more than one (1) vacancy created by an employee transferring or being promoted as a result of being a successful bidder.

B. The Company shall not be required to post for a vacancy created by a leave

- 11 -of absence or job injury.

C. The Company shall not be required to post for temporary assignments of sixty (60) days or less. Any temporary job requiring more than sixty (60) days, will be required to be posted. No temporary assignment will be extended for employees unless mutually agreed upon by the employee(s), the Company, and the Union.

D. The Company may deny a transfer request (but may not deny a promotion request) if the employee desires to transfer from an area where he has undergone specialized training and he has worked in that area less than one

(1) year, or if the employee's transfer would cause more than a ten percent (10%) turnover within a year in the work group he desires to leave.

E. The Company may deny a transfer request to an employee who has transferred within six (6) months.

F. The Company may allow relatives of persons currently employed only if: (a) candidates for employment will not be working directly for or supervising a relative, (b) candidates for employment will not occupy a position in the same line of authority in which employees can initiate or participate in decisions involving a direct benefit to the relative, or (c) the employment of relatives does not create disruption in the workplace.

G. If the Company determines that a particular work group is overstaffed, and no employee from the overstaffed work group volunteers to transfer, then the Company shall transfer the least senior employee in the overstaffed work group. The employee being transferred will have the option of bumping a less senior employee in another work group. This right to bump must be exercised within five (5) work days of notification of the transfer. Nothing in this paragraph shall affect or apply to any lay-off.

9.2 A work group is defined as follows:

Building 5A that group of employees assigned to operations in Building 5A

Building 53 that group of employees that work in Buildings 14, 53, and the non-primate areas of Building 62

Primate that group of employees dealing with primates which are maintained in dedicated primate holding areas

Multi Species that group of employees dealing with pigs and other species which are maintained in the multi species area

Diet Preparation that group of employees working with the preparation of diets and other formulations

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Animal Production Colony that group of employees assigned to rodent breeding colony support

The Company shall have the right to establish additional work groups, so long as they comply with the provisions of this Article, including those of Section 9.2.

9.3 When an employee is promoted to a higher position, the base pay for the higher position will be received. The anniversary date of original employment shall be maintained.

9.4 A. Production Aide will not do any animal care and handling that will involve direct "hands on" contact with the animals or the collection of scientific data (except in emergency situations). Nothing herein shall preclude a Production Aide from transferring animals, assisting in the euthanizing of animals, or training on tasks required for advancement.

B. Production Aides in the Diet Prep work group will not handle feed in performing sterilization or packaging tasks. This does not preclude pouring feed into containers, transfer of dosed feed, loading or unloading trucks, or sorting pellets.

C. Nothing in this contract shall entitle an employee to refuse to do any assigned work by reason of the contention that such work is not within his classification.

D. If an employee is directed to work in a higher rated classification, he shall be paid the rate of the higher classification for the time spent doing such work.

The Company will not use Production Aides in a higher rated classification, except where the Company is short-handed by reason of absenteeism or in the event of an emergency.

9.5 An employee promoted to a higher job classification who is not able to satisfactorily perform the requirements of the position within one hundred twenty (120) days may choose to voluntarily return to or may be demoted by the Company to the position he came from where, in the Company's sole discretion, the employee's lack of performance justifies the demotion. Where an employee is demoted by the Company, the Company must document its position, and the action would be subject to the grievance process.

9.6 The Company agrees that employees who are temporarily transferred shall not suffer a reduction in pay. Temporary transfer means an assignment so designated by the Company at the time it is made, which is expected to last sixty (60) days or less.

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Article 10 - Dispute Procedure

10.1 The Union shall have the right to designate a reasonable number of Shop Stewards, and the Union shall keep the Employer advised as to authorized Stewards.

10.2 Any employee has a right to file his own grievance. Before filing a grievance, employees are encouraged to seek relief through their chain of command and use the Company's open door policy in an effort to resolve the issue. Where requested in writing, the time period to file a grievance at Step 1 below will be extended by up to five (5) additional working days in order to give the employee time to use the open door policy before resorting to the grievance procedure.

10.3 Should any differences, disputes, or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an honest effort on the part of both parties to settle such promptly through the following steps:

Step 1: If any employee has a complaint, he shall notify the Union Steward or

Union Representative, and he will put it in writing and present it to the Company. To be considered a valid grievance, the written submission must be made within ten (10) working days of the commission of the act originating the grievance; however, by mutual agreement between the Union and the Company, this date may be extended. If the Union Steward requests in writing a two (2) day extension to enable the Steward to more thoroughly investigate a grievance, it shall be granted.

The Project Manager or his designee will schedule a meeting within ten

(10) days between the aggrieved employee, the Shop Steward, the Union Representative, and himself in order to resolve the issue. The Company and the authorized representative of the Union may agree to exclude the aggrieved employee from the Step 1 grievance meeting, if there is reasonable concern that the employee's presence may cause harm, disruption, or damage to the work site or workforce. Within three

(3) days of the meeting, the Company will give the Union a written response.

Step 2: If the employee is still dissatisfied with the Company's answer, he or his Steward may appeal in writing within fourteen (14) days of the Company's response. To be considered a valid appeal, the second (2nd) step appeal must be delivered to the Company within fourteen (14) days of the Company's response. The Site Manager or his designee will schedule a conference within seven (7) days between himself and the President of the Local Union or his designee. Within seven (7) days of the conference, the Company will give the Union a written response.

The second (2nd) and third (3rd) step of this grievance procedure contemplates that the Union will cite the Article allegedly breached and the facts supporting its position or the reasons the Union disagrees with

- 14 -the Company's response.

Step 3: In the event the preceding step fails to settle the complaint, the Union may refer the matter to the arbitrator; however, any such request for arbitration must be made not more than thirty (30) calendar days after the Employer gives its answer in writing in Step 2.

Grievance forms approved by the Company and the Union will be used for all steps of the grievance procedure.

10.4 An official of the Employer and an official of the Union shall select an arbitrator.

10.5 In the event said officials cannot agree upon an arbitrator, the Union and the Employer shall jointly request the Director of the Federal Mediation and Conciliation Service to supply a panel of arbitrators from which the arbitrator may be chosen. If agreement on the selection of an arbitrator cannot be reached within five (5) days, then there shall be requested from the Federal Mediation and Conciliation Service a list of seven (7) arbitrators from which each party shall strike three (3) names [alternating, one

(1) name at a time], the one (1) name then remaining being designated the arbitrator. The decision of the arbitrator shall be binding upon the Union, the Employer, and the aggrieved employee. The fee of the arbitrator, his necessary expenses, and the cost of the hearing room, if any, shall be paid equally and jointly by the Employer and the Union. Any other costs shall be borne by the parties incurring them.

10.6 No grievance will be discussed, unless the outlined procedure has been followed, including the requirements of Section 10.11. It is agreed that Steps 1 and 2 may be waived, if acceptable to both the Employer and the Union.

10.7 A representative of the Union will be allowed in the Facility during regular working hours, when necessary for investigation of grievances or discussion of any matters regarding the terms and provisions of this Agreement. The Union official shall, upon entry, notify the Project Manager or his designated representative, if available. This requirement shall not permit the Company to refuse entry to a Union Representative during regular working hours when necessary for investigation of grievances or discussion of any matters regarding the terms and provisions of the Agreement. Such investigation or discussions shall not interfere with the employee's normal work duties.

10.8 The parties agree that grievances may arise of a general nature affecting or tending to affect several employees, and that such grievances may be initiated at any of the above-mentioned steps deemed appropriate by the parties.

10.9 The Employer reserves the right to restrict entry into the work site to an employee who has grieved his termination or suspension, and may deny his presence at the work site, except to pick up his personal belongings, or to meet with the Company and/or Union concerning the grievance. Unauthorized entry may result in immediate termination.

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10.10 The Employer and the Union reserve the right to meet, by mutual agreement, to discuss matters on a non-precedent setting basis.

10.11 Where a grievance is submitted that does not cite the section(s) of the Agreement alleged to have been violated or that does not include sufficient detail to allow the Company to investigate, the Union will, upon request from the Company, provide additional information prior to the grievance being processed. No grievance shall be based on "past practice" unless the "past practice" has been regularly, consistently, and recently applied. No past practices or customs existing prior to May 26, 2018, shall be applicable to or binding on the Company: (1) unless the past practice or custom has been continuously in place and consistently applied since the time period that the Company was previously a contractor at NCTR; and (2) shall only be applicable for the purpose of interpreting ambiguous or unclear contract language and not for the purpose of establishing a new term of the Agreement or modifying the Agreement.

Article 11 - Working Conditions

11.1 The hours for employees shall be scheduled by the Employer. Seniority will prevail as it applies to shift preference. The most senior employee within a work group will have preference to shift as long as the employee can perform the duties required on that shift. Work schedules will be posted in all work areas at least one (1) week prior to the first workday of the following month.

11.2 Regular full-time hourly paid employees available for work will be given the equivalent of forty (40) hours' straight-time pay per week, [thirty-two (32) hours in holiday weeks], provided the employee reports and works as instructed, work is available and such is consistent with the requirements of the Employer's contract with NCTR. This guarantee shall not apply in cases of voluntary absence from work, disciplinary suspension, or partial or complete shutdown resulting from fire, flood, strike, utility breakdown, reduction in force or consolidation of workforce, or other reasons or circumstances beyond the control of the Employer. The intent and understanding of this Section 11.2 is to encourage the Employer to have as few part-time positions as is consistent with the Employer's contract with NCTR. This Section 11.2 does not prohibit part-time work, nor does it require the Employer to pay for work not performed. On the other hand, this Section 11.2 is designed to cover the circumstances where the number of total work hours is reduced on a long-term basis such that two (2) full-time positions are not possible. For example, if there is a half-time job available in the primate area and a half-time job is available in the Building 53 area, the Employer is obligated to combine this job into one (1) full-time position, if one (1) person is able to perform both jobs, and lay off one (1) person.

11.3 Time and one-half (1½) the employee's straight-time hourly rate of pay shall be paid for all hours worked in excess of eight (8) hours in any one (1) day or in excess of forty (40) hours in any one (1) week.

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11.4 If agreeable between the Employer and the Union, employees may be scheduled four (4) consecutive ten (10) hour shifts, without incurring daily overtime after eight (8) hours.

For the purpose of Section 11.4 only, hours worked in excess of ten (10) hours in any one

(1) day or more than forty (40) hours in any week (but in no case both) will be paid at time and one-half (1½) the employee's hourly rate of pay. If NCTR goes to four (4) ten (10) hour shifts, the Employer will have the right to do so.

11.5 There shall be no split shifts scheduled for employees. Split shift means any hours not scheduled consecutively, with the exception of the lunch period or break period.

11.6 An employee will have a minimum of twelve (12) hours off between scheduled shifts. If an employee is called back within twelve (12) hours after the scheduled shift, he will be paid for those not normally scheduled hours at the rate of time and one-half (1½).

11.7 All employees who are instructed to report to work shall be guaranteed at least four (4) hours' work.

11.8 The Company will schedule personnel breaks and lunch either by providing two

(2) fifteen (15) minute breaks during the shift and a thirty (30) minute lunch period, or no breaks and a one (1) hour lunch. Lunch periods will normally be scheduled to begin not less than three (3) hours, nor more than five (5) hours, after the beginning of the shift.

However, the Company reserves the right, given the workload and/or experiments in process, to schedule lunch outside of that three (3) to five (5) hour period of time. The Employer will endeavor to schedule the break period during the second (2nd) and third (3rd) hours of each such period worked. The Employer shall designate appropriate areas for break periods and lunch periods.

11.9 There shall be no pyramiding of overtime or premium pay, nor shall such pay be made for more than one (1) reason for the same hours worked.

11.10 A. Supervisory personnel have the right to schedule and direct any employee in completion of overtime work, when such work is necessary. In order to distribute the opportunity to work overtime fairly throughout the workforce, the following guidelines apply within each work group:

1. As the opportunity to perform overtime arises, the supervisor will offer the overtime to those employees present at work, beginning with the highest senior employee proficient in performing the assigned task(s) and working through to the employee with the least seniority proficient in performing the assigned task(s) in their work group and job classification.

2. If the overtime opportunity is declined by every eligible employee in

- 17 -the work group, the supervisor will assign the overtime to the least senior employee(s) who is/are proficient in performing the assigned task(s).

B. Nothing in this Section requires the supervisor to adhere to this procedure when emergencies requiring immediate action arise during off hours or weekends, or as other unplanned or unforeseen circumstances present themselves which require prompt attention and/or action.

C. If an employee is denied overtime to which he is otherwise qualified, the

Company shall correct the mistake with the next available overtime for which the employee is qualified.

11.11 Any employee who feels that he is not being properly trained, requires refresher training, or needs additional practice on procedures, may ask the Company for additional training, and the Company will provide such training as it deems appropriate, with the understanding that such additional training may be scheduled at the Company’s convenience.

11.12 It has been the practice that supervisors, in addition to their managerial duties, have also performed work that is being performed by the bargaining unit. This work has been regularly scheduled to balance production, to assist bargaining unit employees, to lend a hand in the event of an emergency, and for other good and proper reasons. The Union has requested assurances that the continuation of this practice will not erode bargaining unit work below its current levels. The Company, without in anyway agreeing to limit its right to determine the manning requirements of the contract with its customer, assign work to employees, or otherwise affect its management prerogatives , is prepared to give comfort to the Union that it has no intention of eroding the work of the bargaining unit.

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Article 12 - Leaves of Absence

12.1 Requests for leaves of absence must be made by the employee in writing to the Project Manager with a copy to the Union. Such requests must be made at least two (2) weeks prior to the desired date of leave, except in cases of sickness or injury or as otherwise specified below. This Section 12.1 applies to all leaves of absence taken under this Article 12, whether taken in accordance with Section 12.2 or any subsection of 12.3.

12.2 Except in special cases approved by the Employer, a leave of absence will not exceed the times hereafter set forth. Benefits (sick time, vacation, holidays, etc.) will not accrue during a leave of absence. If the employee's leave is less than twelve (12) months, his seniority shall be continuous. If the employee's leave is greater than twelve (12) months, his seniority upon returning to his job shall be the same as when he left for leave.

Notwithstanding anything to the contrary contained in this Section 12.2, an employee out on Workers' Compensation shall be entitled to accrue sick leave for the first (1st) six (6) months.

12.3 The types of leave and the duration thereof shall be as follows:

A. Personal Leave. An employee, upon written request and for good cause, may be granted a leave of absence without pay for a period of at least five

(5) days, but not to exceed thirty (30) days. Good cause is, as mutually agreed between the Employer and the employee, a serious problem or actual emergency requiring the employee's absence. The Employer will not arbitrarily deny a request for personal leave. Where mutually agreed between the Employer and the employee, personal leave may be used for sickness or injury in cases where the employee is not eligible for FMLA leave.

B. Sickness or Injury. A leave of absence because of sickness or injury, either on or off the job, will be granted to any employee for no less than thirty (30) days and not more than one hundred eighty (180) days (whether continuous or not) upon written request supported by medical evidence. Thereafter, extensions will be granted, provided that the total leave granted under this paragraph shall not exceed twelve (12) months and that any employee on a leave of absence for greater than six (6) months shall return to work in the work group designated by the Company. All requests for extensions must be made in writing prior to the expiration of the current leave of absence. Before any extension is granted, the employee shall have the burden of providing proper, clear, and specific medical evidence prior to such extension, including a certification by the doctor that there is a reasonable likelihood the employee could return to his normal duties after the extension. The employee will give the Employer notice in writing of his desire to return to work supported by a doctor's release. Employees will use accrued sick days for sick leave. An employee will only be required to take his earned sick days

- 19 -equal to the amount of days required to begin coverage under the Income Protection Benefit section of the Health and Welfare Trust Fund. Where an employee has been absent from work on a leave of absence either continuously or intermittently over a period of twelve (12) calendar months due to sickness or injury, the employee shall not be eligible for another leave of absence (due to the same or a different sickness or injury) until the employee has worked continuously over a period of six (6) calendar months without taking any leave of absence or other leave without pay.

C. FMLA. The Family Medical Leave Act (FMLA) shall apply to the contract.

The parties agree that the benefits described in Sections 12.3(A) and 12.3(B) are not in addition to, but part of, the FMLA benefit.

D. How to Take Leave for Sickness or Injury on the Job. Employees who need to be absent from their job for a medical reason will be granted a leave of absence without pay after exhaustion of any accumulated sick leave as required by Section 12.3(B), subject to the following:

1. The employee promptly notifies the Employer that the employee expects to be off from work for a medical reason;

2. The employee informs the Employer of the employee's expected last day of work prior to taking medical leave; and

3. The employee informs the Employer of the employee's expected return-to-work date.

Employees may work up to their requested leave date subject to the following:

1. Furnishing a letter from the employee's physician, if so requested by the Employer, that the employee is able to do his normal duties; and

2. The employee is able to perform all of the employee's normal job duties.

Employees may resume their jobs after the cessation of their medical disability subject to the following:

1. Letter from the employee's physician that the employee is able to perform the employee's normal job duties; and

2. Compliance with Section 12.4.

Pregnancy shall be treated as a medical disability.

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E. Injury on the Job Leave. The Employer will pay up to the first (1st) five (5) days of an injury on the job, provided a physician certifies the employee was hurt on the job and the employee promptly (the same day as the injury) reports the injury to the Company. This provision will be applicable only for the employee's initial industrial injury that requires lost time in any contract year. Any falsification of an injury shall result in immediate termination. The Company reserves the right to designate the doctor of first (1st) referral. The Company, in its sole discretion, may provide light duty for an employee for a limited time.

However, it is understood that if an employee is off fourteen (14) days or longer and is reimbursed by Workers' Compensation back to the first (1st) day of loss, he shall not be entitled to make any claim under this provision.

F. Union Business. The Employer will grant the necessary leave of absence without pay for employees appointed to or elected to Union office or a delegate to a Union activity. Such leave in no case shall exceed one (1) year.

G. Funeral Leave. Three (3) days' leave with pay shall be granted for time necessarily lost from work, in the event of a death in the immediate family of any regular, full-time employee, provided that the employee attends the funeral. The days shall be taken in close proximity to the death and/or funeral and will include the funeral date. This provision shall be effective only as to time lost from the employee's regularly scheduled work, and this shall not be concerned with regular days off, paid holidays, or vacation periods.

By immediate family is meant parents (which includes a step- parent), brother, sister, wife, husband, child, mother-in-law, father-in-law, brother-in-law, sister-in-law, daughter-in-law, son-in-law, grandparents, grandchildren or great-grandchildren.

One (1) day of leave with pay shall be granted for time necessarily lost from work in the event of a death of any other family member related to the regular full-time employee either by blood or marriage, provided that the employee attends the funeral.

If the employee is notified of such death while at work, he shall be excused from further work on that day without loss of pay, and the time off provided for above shall begin with the following day.

H. Jury Duty. Any employee serving on a duly constituted jury or appearing in court and/or at the police department on behalf of NCTR or the Employer will be paid for hours necessarily absent from work. Such pay shall not exceed the employee's basic weekly pay. The employee shall notify the Employer promptly of any such necessary arrangements. In no event shall the

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Employer pay more than ten (10) days in any one (1) year.

Any employee required to appear in legal proceedings on behalf of the Employer shall be paid for any time necessary for that purpose, including travel time to the proceedings from the facility, and shall be reimbursed for parking fees resulting from parking for such proceedings. Parking receipts must be presented to receive reimbursement.

I. Military. Notwithstanding anything to the contrary contained herein, military leave will be granted in accordance with the law.

J. Second Opinions. In all instances in this contract requiring a doctor's opinion, the Company may, at its expense, request a second (2nd) doctor's opinion and/or request the employee's physician to substantiate his opinion with further documentation as to the illness, injury, or condition. In all such instances, the employee will cooperate with such requests and sign such releases as might be required.

K. Pandemic Leave. The company agrees to provide 2 days of paid leave for National Pandemic Related Virus (e.g. COVID-19) related purposes in accordance with the following conditions:

• A positive test for the National Pandemic Related Virus

• Employee needs to care for a family member who is subject to a federal, state, or local quarantine order related to the National Pandemic Related Virus.

• The employee is removed by the company from the workplace due to infection or exposure to the National Pandemic Related Virus

12.4 Reinstatement Rights. Provided the employee gives proper notice and returns to work as scheduled when the employee is able to do so, but no later than one (1) year after beginning sickness or injury leave or within the applicable time limits for the other leaves, the employee will be eligible for reinstatement, provided he is able to resume his normal duties.

Article 13 - Vacations

13.1 All employees shall receive an annual vacation with pay for continuous employment as follows:

After one (1) year of employment - two (2) weeks [eighty (80) hours].

After five (5) years of employment - three (3) weeks [one hundred twenty (120) hours].

After fifteen (15) years of employment - four (4) weeks [one hundred sixty (160) hours].

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Vacation benefits for part-time employees shall be proportionate to the vacation benefits for which a full-time employee is eligible.

Vacations may be consecutive.

Vacation will accrue with each employee receiving one-twenty-sixth (1/26) of his or her annual vacation entitlement each bi-weekly pay period.

13.2 Vacation pay will be paid at the employee's regular hourly rate in effect on the last day worked before beginning the vacation.

13.3 Vacation pay shall be paid to the…