Attachment 4 - CBA 2017-2021.pdf

AGREEMdiUT BETWEEN

TRIAD LOGISTICS SERVICES CORPORATION

AI RFI ELD MANAGEM ENT OPERATIONS

SHEPPARD AIR FORCE BASE, TEXAS FACILIW

AND

INTERNATIONAT UNION, UNITED AUTOMOBILE, AEROSPACE,

AND AGRICULTURAL, IMPLEMNET WORKERS OF AMERICA,

UAWAND lrs LOCAL UNION NO.286 ffi

OCTOBER 1 2OL7 THROUGH SEPTEMBER 30 202L

TABLE OF CONTENTS

Ii

Page

Agreement l

Purpose and Scope . l

Article 1 Bargaining Unit & Work Covered 1

1.1 Exclusive Representation 1

1.2 Scope 1

Article2 Recognition of Rights 1

2.1 No Strike 1

2.2 No Lockout 2

2.3 Rights aud Functions of Mauagement 2

2.4 Supervisors 2

Article3 Base Work Week aud Hours of Operation 2

3.1 Definitions 2

3.2 Change of Shifts 3

3.3 Overtime Rates 3

3.4 Night Shift Premium 3

3.5 Show Up and Call-In Pay 3

3.6 Distribution of Overtime 3 1 I

3.7 Emergency Discontinuance of Operations 3

3.8 Pay for Training 4

3.9 Uniforms and Jackets 4

Article 4 General Pay Provisions 4

4.1 Work of a Higher or Lower Classification 4

4.2 Hourly Rates for New or Revise Occupational Classifications 4

4.3 Hourly Rates 5

Article 5 Holiday and Payment 5

5.1 Holiday Payment 5

Article 6 Vacation 5

6.1 Policy 5

6.2 Eligibility and Payment 5

Article 7 Leaves of Absence 6 I

7.1 Application for leaves of absence 6 I

I '

7.2 All leaves of absence. 7

I I 7.3 Extended Military Duty 7 I

7.4 Non-War Military Duty Absence 7

l i· .I 7.5

7.6

7.7

7.8

7.9

7.10

7.11 7.12

Article 8

8.1

8.2

·8.3

· Article9

9.1 9.2

9.3 9.4 9.5

9.6 9.7

9.8

9.9

Article 10

10.1

10.2

10.3

10.4

10.5·

Article 11

11.1 11.2

Article 12

12.1 12.2

12.3

12.4-

Article 13.

13.1 13.2

"TABLE OF CONTENTS

'. 11

· 11

Death in the Immediate Family Paid Time Off (PTO)/Sick Leave Leave of Absence of Union Activities· Return to Work After Extended Medical Leave Juryputy

Vacation Eligibility Upon Return From Leave of Absence Effective Leave of Absence on Employees Be.Q.efits Family Medical Leave

Continuous Service Credit Acquisition of Continuous Service Credit Continuity of Service Continuous Service Credits

Seniority Acquisition of Seniority Promotions Loss of Termination of Seniority Layoff Recall Seniority List Employees Transferr�d Out of Bargaining Unit Shift Preference.

Severance Pay

Safety, Health and Insurance Fringe Benefit Safety _and Health Safety Meetings Physical Examinations Drug Free Workplace

Government Security Defense Security Failure to Obtain Security Clearance

Discipline and Discharge Code of Conduct Disciplinary Action Discharge New Language

Grievance Proced� Presentation of Grievances 15

· Handling Grievances .16 ll

Artide 14 t4. l t4.2 14.3 14.4 14.5 74,6 14,7

TABLE OF.CONTENTS

. i.' fubieationfivlgdiation ,L-

Union Repnrseatative Investigation of Orievanees Designition of Grievancs BarspininiCo**itteepcrsons Scope of Grievancetsargeining Cornmiueepe,lsons' Union Activities Leaving Worhtation for Union Acnvities Absenco from Work for a Prolonged Period

General Provisions Bulletin Boards WaivEr Invalidity Successors

Terms, Notico of Change or Termination Term, Noticc of Change or Terrrination Complcte Agrwnrent

. Employces Covgred En"ployges Covercd ,:

Non*Managenent Personnel Union Seority Clause Paymenf of Union Dues Non-Discrimination

1.6 l5 t6 lt r7 t7 l7 t7

'17 l'l t8 t9 t9 T9 l9

Article tS 15.1 L5.2 15,3 15,4 15.5

Artlcle 16 16.1

. 16,2 16.3 1.6.4

Artiele L7 . I7 . l 17.2

Article 18 l8*'1..."1 L8,2 lg.3

" 18.4 I8 .5 l 8 r i l 8 t 8

Signature Page

Attachment ".A,tt \Yages, Eealth en{ Welfare Hsatth and Wetfere Benefits

Attachment *Bit Healthcare Coverage

Attachment'8t Relnstnte ment of Grievandos

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!' AGREEMENT

AGREEMENT entered into, by and between Triad Inc. hereinafter-called "the Company" and the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW, and its Local 286 hereinafter called "the Union", All references herein fo gender shall be con5trued as being equally applicable without any reservations to both males and females.

PURPOSE AND SCOPE

It is the intent and purpose of the parties to set forth herein the basic agreement covering wages, hours of work, and conditions of employment.to be observed by the parties hereto and to provide .procedures for prompt, equitable adjustmentS of alleged grievances to the end that there shall be no work stoppage,. strikes, or lockouts during the life of this Agreement

ARTICLE1

BARGAINING UNIT AND WORK COVERED

1.1 EXCLUSIVE REPRESENTATION: The Company recognizes the Union as the sole and classification set forth in Attachment "A" and employed by the Company under its base operating supply support contract with the U.S. Air Force located at Sheppard Air Force, Texas but excluding confidential secretaries, supervisors, and management personnel as defined in the National Labor Relations Act. The Company will not bargain individually with any bargaining unit member regarding wages, hours and working conditions.

1.2 SCOPE: This Agreement shall cover all of the work of the occupational classifications set forth in Attachment "A" to this Agreement and employed by the Company under its Airfield Management Service Contract with the U.S. Air Force located at Sheppard Air Force Base.

ARTICLE2

RECOGNITION OF RIGHTS

2.1 NO STRIKE: During the term of this agreement, the Union shall not authorize, cause, engage in, sanction, or assist in any slowdown, work stoppage, strike, sit-down, or picketing against the Company. Picketing against the company, the Union and its officers and representatives agree to the following:

(1) That the Company may take disciplinary action for cause, including discharge, which it deems appropriate against such employee or employees and that the degree of such disciplinary action shall not be reviewable through the grievance and arbitration procedures provide whether or not an employee participated shall be reviewable.

(2) That each of them, jointly and severally, will immediately disavow and refuse to recognize any picket line or lines established as a result of said unauthorized slowdown, work stoppage, . strike, or sit down against the Company; that each of them, jointly and severally, will instruct employees not to respect or recognize any said picket line or lines; and

(3) That each of them, jointly and severally, shall immediately take or cause to be taken all affinnative action to demand, cause, and require each and every employee to perform the tenns and conditions of this agreement.

(B) In the event any empioyee shall call, engage in, sanction, or assist in any unauthorized 1 1 slowdown, work stoppage, strike, sit-down, or picketing against the Company, the Company agrees that it will not file or process any action for damages arising out of said slowdown, work stoppage, strike, sit-down, or picketing against the Union, its officers or representatives provide these individuals have performed their obligations and responsibilities as set forth in this section.

(C) Notb}ng in this section shall preclude any right to which the Company may not be entitled to secure legal or other redress of any individual who has caused damage or injury to or los·s of Company property, nor does the Company.cede any rights in this regard to which it may be entitled.

2.2 NO LOCKOUT: During the term of this Agreement, the Company shall not cause, permit, or engage in any lockout ofits einployees. ·

2.3 RIGHTS & FUNCTIONS OF MANAGEMENT: Management's rights include, without limitations, the following: to direct, control, and schedule it's operations and work force; to make · all decisions affecting the business; to hire, terminate, promote, layoff, assign, classify, evaluate tr~fer, suspend, discharge and discipline employees for just cause; to select the nilmber assigned to any particular work; to determine the starting and quitting times and the number of hours per day and the shift to be worked; to establish, modify, and ellforce responsible rules and regulations that are not in direct conflict with the express provisions of Agreement; to select hire employees; to introduce new, improved; or different methods of operations which may cause a reduction in the work force; to establish, change, or combine job classifications; to determine job qualifications; and to create and disbalid employee committees, teams, and working groups in support of the Company's safety and total quality management objectives; provided such ( !

committees, teams, or working groups may not function in a representative capacity or deal with matters involving wages; hours or working conditions. ·

2.4 SUPERVISORS: Supervisors and management personnel will be able to assist employees in trouble shooting, technical advice, and training. When an emergency situation warrants or when a shift is crippled by employee absenteeism, a superVisor or manager can fill a position until sufficient employees can be called in and arrive at the job prepared to perform the work involved. With the exceptions stated herein, supervisors will not perform bargaining unit work.

ARTICLE3

BASE WORK WEEK AND HOURS OR OPERATION

3.1 DEFINITIONS.

(A) NORMAL WORKWEEK: The normal workweek for a full-time employee shall consist of five (5) consecutive workdays.

(B) SCHEDULED DAYS OFF: Scheduled days off for each full-tinie shall be two (2) consecutive scheduled days off each week. ·

(C) STATUTORY WORKWEEK: The statutory workweek for all employees shall begin at 00:01 a.m. Sunday and end at 00:01 a.m. the following Sunday (i.e. seven (7) comecutive calendar days Sunday through Saturday inclusive.)

(D) SHIFTS:

(1.) Shifts Will be established by the Company to best accomplish the task and frequency schedules. The regular Shift of a full-time employee shall be scheduled in advance and shall consist of (8) consecutive hours worked during the work day, exclusive of any scheduled meal period of not less than one-half (112) hoi.ir or more than' one (1) hour each. (2.) The tetm "night shift" shall mean any shift starting at or after 4:00 pm and before 4:00 am.

(E) EMPLOYEE CLASSIFICATIONS: Employees are classified as full-time, part-time or more temporary employees. Each is defined as follows.

(1.) Full-time employees are employees :who work forty ( 40) or more hours in a statuary work week on a consistent basis, except that each full-time employee who is presently regularly assigned for a thirty-seven & one half (37 1/2) hours in a statutory work week will continue to be regularly assigned for a thirty-seven & one half (37 10 hour work week unless changed by the Company to a regular work schedule of ( 40) hours per week after advance notice of to such employee of not less than (1) week. · ·

(2) PART-TIME: Part-Time employees are employees who normally work less than forty hours ( 40) within a statutory week and are not regularly assigned any specific work schedule or work shift. Such part-time employees are not assured any specific number of hours in a workweek.

3.2 CHANGE OF SHIFTS: The Company shall give a notice of at least seven (7) days of any change in regular shifts to the Union and the employees affected. Notice of shift change does not apply when the Company is involved in contingency emergency surge operations, or.military directed exercise.

3.3 OVERTIME RATES: Employees will be paid time and one-half (1 1//2) for hours worked in excess of eight (8) within a work day for hour5 worked in excess of forty ( 40) within a statutory work day for hours worked in excess of forty ( 40) within a statutory work week without duplication of dally and weekly overtime.

3.4 NIGHT SHIFT PREMUIM: A shift differential of five percent (5%) per hour will start at 4:00 pm local to 4:00 am local for.all shifts. Jn addition, all time worked on Sunday (0001-2400) will be compensated at a ten percent (10%) premium above straight time, overtime, shift differential, etc.

3.5 SHOW UP AND CALL-IN PAY: An employee (A) reporting for work in the absence of notice not to report, (B) called in to work in a holiday or on one of his scheduled days off, or (C) recalled after completing day's assignment and who has checked out and left his place of employment shall receive no less than the equivalent of two (2) hours pay at the applicable rate;

provided, however, that any amount paid for hours actually worked shall be credited against such minimum guarantee. · ·

3.6 DISTRIBUTION OF OVERTIME: Consistent with efficient operations, overtime shall be distributed equally among employees in each occupation ..

3.7 EMERGENCY DISCONTINUANCE OF OPERATIONS: Jn the event of any emergency (e.g.· severe weather conditions) requiring the discontinuance of the Company's operations, employees will be re/leased from work and/or will be excused from their obligations to report for working accordance with any directive issued by the Federal Contracting Officer.

The Company shall not be required to pay wages unearned by employees as a result of such discontinuance of operations. In the event of a snow and/or ice storm or other emergency r' conditions requiring discontinuance of work, the company will contact radio and television for notification of employees not to report to work: An employee may use·any earned/unused leave for those days notified riot to work. ·

3.8 PAY FOR TRAINING: Any special training, meetings or assignments required by the company, the employees will be paid their applicable hourly rate.

(1) Nothing in this agreement shall be construed as a guarantee of any particular number of hours.

work in a given day, week or in pay period. All work is subject to the needs of the Company and regular shifts may be scheduled for less than 8 hours as may be necessary in the judgment of the Company. 'This Article 3 may not be construed to abrogate or diminish the employer's rights stated elsewhere in this agreement.

(2) Employees will be given the following options when the military is given a military day off and Airfield Management is no!authorized:

Option 1:

Option2:

Option3:

A:n employee is entitled to work a full 8 hours An employee may take full vacation, sick leave, personal leave for that day or an excused off day without pay An employee may combine work, vacation, sick leave, personal leave or excused off Yz day without pay to equal an 8hour day

3.9 Uniforms and Jackets: Full-Time employees, 5 sets of shirts & pants replaced every two years or earlier if needed. Part-Time employees, 2 sets of shirts & pants replaced every two years or earlier if needed.

Note: Jackets will be provided as needed or once every three years.

ARTICLE4

GENERAL PAY PROVISION

4.1 WORK OF A IDGHER OR LOWER CLASSIFICATION: Employees may be assigned work of a higher classification in such instances will be paid the higher rate of pay for the actual time worked in the higher classification. Employees will notify supervisors of job requirements that will require higher pay. If additional duties, outside the duties of a Flight Data Assistant, become a necessity, these duties will be subject to collective bargaining and compensation. No Supervisor/Manager Duties will be assigned to hourly employees. ·

4.2 HOURLY RATES FOR NEW OR REVISE OCCUPATIONAL CLAS_SIFICATIONS:

In the event of the Company desires to establish new or revised occupational classifications the hourly rate applicable shall be determined by negotiations between the Company and the Union.

Operations shall not be delayed through failure to immediately agree upon salary rates applicable to any such occupational classifications. In the event of failure to agree on a rate for such new job classifications the matter shall be deemed in dispute and shall be subject to the grievance and arbitration procedures as provided in this Agreement. Rates finally established that are higher than the Company proposed rate would be paid retroactive to the date of the start of the occupational classifications.

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4.3 HOURLY RATES: The base, straight-time hourly rates for employees covered by this Agreement shall be effeetive as set forth in Attachment 11A": attached hereto and made a part hereof.

5.1 HOLIDAY PAYMENT:

ARTICLES

HOLIDAY AND PAYMENT

(A) All employees covered by this Agteement shall receive holiday pay for each of the following designated holidays, irrespective of the day or the day of the week on which the holiday may fall.

· Holiday pay shall be equal to the employee's pay for one (1) day as per his/her regular scheduled shift. ·

(l)NEWYEARSDAY

(2) PRESIDENTS. DAY

(3) MARTIN LUTHER KING'S BIRTHDAY

(4)MEMORIALDAY

(5) INDEPENDENCE DAY

(6) LABOR DAY

(7) COLUMBUS DAY

(8) VETERAN'S DAY

(9) THANKSGIVING DAY

(10) CHRlSTMAS DAY

(11) BIRTHDAY HOLIDAY

(B) When a holiday falls within an employee's vacation period, such day shall be treated as a holiday rather than a vacation day.

(C) Any holiday, which falls on a Saturday cir Sunday, shall be celebrated on the day designated by Sheppard AFB, for the observance of such holiday.

(D) To be eligible for the holiday pay, an employee must work his/her scheduled work shift immediately before or immediately after the celebrated holiday, except in cases where absence is due to personal illness, death in the immediate family, or other reason acceptable to the Company, If requested by the Company proof of reason for absence will be required. Full-time employees who are required to work on anyone of the designated holidays shall be paid time and one-half plus regular holiday pay.

(E) A part"time employee will receive holiday pay according to the following formula: Hours · actually worked during the week on which the holiday falls divided by five (5) and multiplied by his/her regular hourly rate of pay.

(F) Holidays will be offered on a rotating seniority basis. In the event there is no volunteer employees will be forced to work on an inverse seniority basis.

·ARTICLE6

VACATION

6.1 POLICY: The Company will grant you annual vacations to all eligible employees are herein provided.

6.2 ELIGIBILITY AND PAYMENT: (A) Full time employees on the payroll of their vacation eligibility date, which shall be the anniversary day (Anniversary date shall be First (1 '1) date of i' hire without break) of the employees in the base operating supply support contract at Sheppard Air Force Base, Wichita Falls, Texas or as set forth in the service contract act. ·

FROM

1 YEAR

5YEARS

lOYEARS

13 YEARS

15YEARS

OVER 20 YEARS

LESS THAN

5 YEARS

lOYEARS

12YEARS

15YEARS

20YEARS

NUMBER DAYS

(B) Vacation pay shall be paid at employee's regular base pay rate. Vacation days shall not accrue from year to year, and must be used in the year of the vacation.

( C) Paid vacation for a part-time employee shall be proportional to full-time employees based on the number of hours worked during the period involved: All other conditions set forth in this section shall apply to part time employees.

(D) An employee who has met the prerequisites of this section and who leaves the company's employment for any reason or who is laid off indefmitely shall receive pay in lieu of any unused vacation he/she accumulated at his/ her last vacation eligibility date or accrued time for following year. Employees may not accumulate vacation from year to year.

(E) The company remains the right to schedule in such a way as will '!east interfere with the workload and efficiency of its operations, but will attempt to reach a mutually convenient schedule with each employee. Vacation requests may be submitted as early as sixty days (60) in advance. The approval or disapproval of these requests will be determined befor? forty-five ( 45) days prior to vacations. Prior to this forty-five (45) day period, seniority shall prevail where two

(2) or more employees of the same job description have requested the same vacation time. Any requests for vacation must be requested and approved a minimum of ten (10) working days in advance. If the employee's request is denied, such employee shall be expected to conditions will prevent the employee from filling his/her request in the required time. Emergency cases will be approved on an individual basis.

(F) Formula Used to Calculate Vacation Nwnber of hours work divided by 2080 multiplied by 80 hours=hours available: 1-5 years.ofservice. Maximum 10 days. Number of hours worked divided by 2080 multiplied by 136 hours= hours available: 11- 12 years of service. Maximum 17 days. Number of hours worked divided by 2080 multiplied by 160 hours=hours available: 13- 15 years: maximum 20 days. Number of hours worked divided by 2080 multiplied by 240 hours=hours available: 21 years and over. Maximum 30 days.

ARICLE7

LEAVES OF ABSENCE

7.1 Application for leaves of absence. Except for military service and emergency conditions, no application for a leave of absence will be considered unless it is applied for in writing and on forms provided by the company for that purpose, In the case of an emergency situation, application for leave of absence will be finished to the company seven (7) days after the employee returns from emergency leave of absence status. Each employee will be furnished with a copy ofleave of absence application.

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I

7 2 Nlleevee of absonce.. AII leaves of abseqce excopt ss othen^'ise herein provided" shall be grantd at the disuetion of tbe conpany, depondeut lpon tbe wo* requirenents or schedule commiHrents of the seotion in which the employeo requesting leave of absence is employed. The company reserves the right to roquest form an e,nployee doounentary proof of the conditions necessitating the leaw of dbsence, The company may also, wben in its opinion it is necessary, arangp fora dootor selected by tbe conryany to intendcw or exarnise suc,h employee who has applied for a leave of absence becruse of illness or disabitity for the purpose of determining the .

employeCs condition and thc possible duration of sickness or disability, Misrepresentation of thc frcts on the basis of which a leava absence is granted shall constitute grounds dismissat for canse.

7.3 Ertended Militar? Duty. Emptoyees wbo enht thc annred foroes of the United States shall bo granted a leave of absence forthe poriod of such sorvice and, upon honorablt diecharge there ftomr sha[ be re-employed by.the oompany qs provided by the Universal Training and Sewie* Agt.

?.4 Non-TVsr Mllltew UuW Absence, An ernployee with trvelve (12) montbs or more of continuous servico credit who is called for andperfo:ms tron-war rnilita{y duty shall be granted a leave of absence. Servicc credit and duly. soniority pnvilegEs will accumulatc guc! leaw.

7.5 Death ln the Inmediste Family. In the event of dead b the employeeb imsrediate r.arnily,an enployee shall be paid for a maximun of three (3) days absenee during the nonnal worhreek if in tho imnediate vicinity, and fivc (5) days if the dcath is out of the irnmediate vicinity. Fpr tbc purposs of this section, immediate family shall insludo the employee's spouse, childten, mother, fathu, sister, brother, and grandparcns and spouse's mother, ftther, and grandparsns. An extension, without pay, not to cxceed one (l) week may be granted in unusual emergsrsy cirounstances. Eorployecc will not be paid for any dalt excccding the abovc ma:rinlrm paid days.

?.6 PAID TIMB OF.F (PTOySrCt(LEA\lEr

(A) All full-iine ernriioyefo from date of Lii€, sha[ aocruo paid PTO at the rate of ss\f€B poiat three-three (7,fS1hours per month not to exd a total of eigbty+igbt (88) hours \dthin a trrche

(12) fftnth period, prwided such futl-tine employees will not aocrue PTO beoefits while on leave of abeope iu occess of one $) continuoru week or while on layoff

(B) Part:t!rc enployees will awunulate PTO bqsed on adusl houn r+orkod from date of hira, at a rate of four point six ssvoo Wnper mtb and not to axceed 56 hours in the year (Q Enployees may option to carry 40 horus of PTO pay hours into tbe new fiscal yur If reque*efr, ail'unusod FfO pay houn will be paid at G end of tho fisoal year Bnployees will bE paid no larcr thqn the 2nd of Ns\rcder of the fiscal year

(D) Uuusod earsed PTO nayb taken in one 0) HOUR INCREMENTS

7,T LEL\IE Otr ABSENCB Of IINION ACIHVIIIES: Employees elected or appointed to positions with the Union will be ganted leaves of absence to attond Union sonventions and taining activities to ofient that such leaves of absence may reasonably-be gruited consistent

1 I

· agreement between the company and the union.

with the operational requirements. Requests for such leaves of absence must be made as far in advance as such requests reasonably can be made, and such requests will be granted if this reasonably can be done consistent with operational requirements. The number of employees to be granted such leave of absence.· shall not exceed two (2) at any 9ne time except by mutual

7.8 RETURN TO WORK AFTER EXTENDED MEDICAL LEA VE: Employee out for more than five (5) consecutive days sick leave shal f be required to present a doctor's statement that they are full recovered and fully capable of performing all duties normally associated with their jobs. · ·

7.9 JURY DUTY: When an employee is summoned for any jury/witness duty, they shall be paid the difference between his or her straight-time rate of pay and the paymentreceived·for the day of jury duty. Second shift employees will not report for work while on just/witness duty.

Continuous service credits and seniority privileges will accwnulate during such leaves' employees must present receipt of payment or a copy of the check from the cqurt system in order to receive payment by the company.

7.10 VACATION ELIGIBILITY UPON RETURN FROM LEA VE OF ABSENCE: An employee on approved leave of absence who has not taken vacation shall be entitled to vacation provided the eligibility requirements set forth in section 7.2 have been met and continuous service requirements have been met as defined in Article 9.

7.11 EFFECTIVE LEA VE OF ABSENCE ON EMPLOYEES BENEFITS: . ((

(A) Time spent on an unpaid leave absence of over ninety (90) days will not be counted as time employed in determining an employee's eligibility for benefits that accrue on the basis of length of employment.

(B) An employee who is granted a leave of absence for a period of three (3) months or more will, if he/she so desires, be paid at the time he/she starts his/her leave any vacation pay that would be due him/her in accordance with company vacation policies.

(C) The effect ofleave of absence on employee benefits other than those included above are included in the policies regarding the individual benefits.

7.12 FA.MIL Y MEDICALLEA VE: Family and medical leave will be granted in accordance with the federal Family and Medical Leave Act and the regulations issued there under.

ARTICLES

CONTil\1UOUS SERVICE CREDIT

8.1 ACQUISITION OF CONTINUOUS SERVICE CREDIT: Each employee shallhave continuous service with the company datlng from the date of his or her unbroken service as defined by the Service Contract Act.

8.2 CONTINUITY OF SERVICE: The continuous service credit and 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 and when rehired:

(A) Resignation or other :voluntary termination of employ�ent.

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(B) Discharge for just Cause.

(C) Absence in excess of two (2) consecutive working days without notice, either by telephone or written message by messenger; to the immediate supervisor or project manager unless satisfactory evidence of inability to report is shown.

(D) Unauthorized absence beyond the time limit of an authorized vacation or an approved absence unless satisfactory evidence of inability to report to work is shown.

(E) Failure to report to work filter layoff within five (5) working days after the company gives the employee ""ritten notice to return to such work. The company shall also give a copy of such

· notice to the Union. Such notice shall be deemed to have been sufficiently given if sent to the employee by registered or certified mail addressed to the last address furnished to the employee relations department of the company. In the event mail delivery of such notice exceed three (3 )' days, the company shall extend the time in which a reply must be received by the nwnber of days in excess ofthree(3).

(F) Seniority shall be discontinued for employee s on medical leave beyond ninety (90) days except when medical conditions does permit employees granted.an additional extension when prompted by medical condition.

(G) Any part-time employee who refuses to make him/herself available for work when requested three(3) times in any three (3) month period time without a valid reason will subject to · termination. On second refusal, the employee will be formally reprimanded and advised of his/her status.

8.3 CONTINUOUS SERVICE CREDITS: Each employee shall have continuous service credits with the company while on excused/approved leave of absence as follows:

(A) Military Duty as Required by Federal regulations

(B) Union Leave

(C) Sick Leave

(D) Vacation

(E) Jury Duty/Witness Duty

(F) Approved Leave Absence

(G) Non-War Military Duty

(H) Bereavement

ARTICLE9

SENIORITY

9.1 ACQUISITION OF SENIORITY: Employees of Triad Inc. will have seruority dating from their original date of hire at Sheppard Air Force Base, Texas, provided they have no break in service as defined by the Service Contract Act.·Newly hired employees will, filter completion of a probationary period of sixty (60) calendar days, have seniority dating from the hire date of hire by Triad Inc. (1) Committeepersons will have super-seniority in instances oflayoff, or recall.

(A) In the event of a tie, the deciding factor will be the last four digits of the employee's social security number, with the highest number have the most seniority.

9.2 PROMOTIONS: Job openings, other than temporary upgrades, will be posted for bidding for a period of five (5) working days. The job opening will be filled on the qualified by trainiog and experience to perform all of the duties of the job involved following a brief orientation period. ~ ·

9.3 LOSS OR TERMINATION OF SEl\'IORITY: The seniority of an employee will be terrriinated under the same conditions, which cause a break in continuous service credit or if an employee remains on layoff for a lack of work for a period of nine (9) months. ·

9.4 LAYOFF: When layoffs occur, probationary employees shall be laid off first. If further layoffs are necessary, ruch layoffs shall be made by seniority within the occupational classification affected. The employee with the least seniority in such occupational classification shall be the first to be laid off and the last to be recalled. An employee rubject layoff under the foregoing may exercise bumping rights in the following order.

(A) Displace the employee with the least bargaining unit seniority fa any lower- rated occupational classification in his/her seniority group provided he/she has a greater bargaining unit seniority than the employee being displaced, or displace the employee with the least bargaining unit seniority in any occupational classification in any seniority group in which he/she has established seniority, provided he/she has greater bargaining unit seniority than the employee being displaced. ·

(B) (1) Displace the employee with the least bargaining unit seniority in an equivalent or lower rate occupational classification in any other seniority group provided he/she has greater bargaining unit seniority than the employee being displaced and provided he/she has the skills and qualifications to perform the work.

(C)(2) Such employee must notify the company in writing if practical to do so of his/her intention to exercise bumping rights within forty-eight (48) hours of the company's layoff notice.

An employee so displace may similarly exercise his/her rights of displacing another employee in

" I' accordance with the same criteria, it being understood, however, that there will be no delay in the 1 I layoff procedures.

9.5 RECALL: For the purpose ofreinstatement, laid-off employees shall be recalled in the following order.

(A) Laid-off employees who are classified in the occupational classification in which recalls are being made, in inverse order of layoff. r·

(B) Laid-off employees outside the recalled occupation who have skills, qualifications and physical capabilities to do the work required in order of seniority provided there'is documented proof of skill and qualifications.

(C) No new employees will be hired until all such laid off employees have been offered recall within the occupational classification.

9.6 SENIORITY LIST: The Company shall supply the Union with a seniority list of the employees covered by this. agreement. Such list shall be revised ever six (6) months.

9. 7 EMPLOYEES TRANSFERRED OUT OF BARGAINING UNIT: An employee who has established seniority rights in an occupational classification within the bargaining unit and who is subsequently transferred or promoted to a position outside the bargaining unit shall be deemed to have accumulated and retained seniority rights in accordance with provisions ofthls agreement for a period of ninety (90) days only from the, date of ruch transfer or promotion if, in the opinion of the company it becomes necessary to return him/her to a vacant position within the bargaining unit.

9.8 SHIFT PREFERENCE: When a vacancy exists on any shift or in the fonnation of any new shift, preference in filling such vacancy shall be granted on a seniority basis where consistent with efficient operation and occupational classification. In a full-time position is open due to illness, the open position ·will be posted and. filled temporarily by a part-time employee returns to his/her position .

. 9.9 SEVERANCE PAY:

(A) Any employee with more than one (1) year of continuous service credit who has established seniority shall be entitled to severance pay when the .employee is involuntarily separated from the employment because oflack of work for a period in excess of thirty (30) days.

(B) Such severance pay will be paid only while such employee remains off from work and at the time the employee's payroll check would have been issued if the employee had continued to

· work. Such severance pay will continue until the employee recalled to work or until the employee exhausts his or her severance pay, whichever occurs sooner. Should the returned employee thereafter be involuntarily separated from employment because of lack of work for a period in excess Of thirty (30) continuous calendar days the employee's entitlement to severance pay shall be reduced by the weeks ofseverance pay previously paid to such employee.

(C) No employee shall be entitled to severance pay in cases where such layoff is due to fire, flood, explosion, bombing, earthquake, or act of God causing damage at the location where work is perfonned under this agreement or from strikes or work stoppages resulting in the inability to maintain normal operations. Severance pay will not be paid to an employee discharged for cause or to an employee who resigns.

(D) Length of service.for severance pay commences with the date of hire by Triad Inc. The severance pay for employee entitled thee to under provisions of this agreement shall be only for year of continuous employment by Triad Inc. as follows:

Length of Service 1to2 years 2 to 3 years 3 to 4 years 4 to 5 years

ARTICLE10

Severance Pay 1 week 2weeks 3 weeks 4 weeks·

SAFETY, HEALTH, AND INSURANCE

10.1 FRINGE BENEFIT: The health and welfare benefits allotted each employee shall be paid in accordance with attachment "A".

10.2 SAFETY AND HEALTH: The Company will make all reasonable provisions for the safety and health of its employees during hours of employment. The union agrees to cooperate with the company in insuring conformance with all established safety regulations. ·

10.3 SAFETY MEETINGS: Company and union will meet one (1) time per month to discuss safety issues and problems. · ·

1 i

10.4 PHYSICALEXAMINATI:ONS:

(A) The company may require an employee t~ undergo a physical examination for cause. The union agrees to cooperate in full with all requirements imposed upon the company by statute, regulations, or contract to establish and enforce policies prohibiting the use, sale, and/or possession of drugs and controlled substances and the detection thereof.

(B) The company shall have the right to select the exaillining physician to request the physician to conduct specific tests, and to receive a written report from the physician as to bjs findings. All

· such reports shall be considered and treated in a confidential manner by the company. The total.

cost of such Physical examinations and tests, exclusive.of any treatment given shall be borne by the company. ·

10.5 DRUG FREE WORKPLACE:

(A) The company will not conduct random drug or alcohol testing on employees except as required by the United States Air Forces or buy applicable law, otherwise, drug or alcohol will be performed only for reasonable probable cause. Any drug testing of an employee will not be considered to be positives unless certified laboratory Confirms such positive test. Careful documented "Chain of Custody" will be observed.

(B) Searches of an individual employee's property and possessions will not be undertaken by the company unless reasonably probably cause exists or unless such searches are required by the United States Air Force or by applicable law. Such "reasonably probable cause" will include, but will not necessarily be limited to, observation or-independent evidence.

(C) An employee who recognizes that he/she has a drug problem who voluntarily seeks assistance prior to detection of such problem through the company's drug and alcohol policy

I' testing provisions will be given an opportunity to correct his/her problem through treatment at an I I approved facility. The company will not pay the cost of any such treatment. An employee will not be subject to discipline as a direct result of participation in a recovery program.

(D) The company will pay for pre-employment physicals, orientations, and drug testing.

(E) The company will provide mutually agree upon extended disability benefits plan not to exceed .25 per hour for each employee for hour paid.

11.1 DEFENSE SECURITY:

ARTICLE11

GOVERNMENT SECURITY

(A) The union recognizes that the company has certain obligations in its contracts with the government pertaining to security and that security is vital to the company and the Union in carrying out their partS in the defense effort.

(B) Therefore, In the event that the armed forces, through the duly authorized representatives concerned with security, advise or have advised the company that any employee in the bargaining unit covered by this agreement is denied work on Sheppard Air force Base or access to classified information or material, it is mutually agreed between the company and the Union that such employee shall be subject to any action as the his employment, including but not limited to termination, which the company considers necessary for security reasons. Any such employee will have no seniority right under this agreement while such determination is outstanding.

(C) In the event, However, the review duly made by the appropriate governmental authority shall result in a reversal in the original ruling, all seniority, benefits, and other employment rights of

I I I

I an employee shall be restored to him/her, and, if her/she has been removed from employment for security reasons and such reversal in obtained after his/her accumulated seniority. The compiroy will not make any payment of ariy claim by such employee for lost wages but will provide any relevant information should 1he employee seek compensation for lost wages from some other entity.

(D) The Company, all employees, arid all the representatives of1he Union have access to the premises are required to comply with the applicable government securiij regulations when performing work for 1he goveniment. The company and the union agree 1hat security information will be revealed only to persons properly cleared and required to have the information by the government.

11.2 FAILURE TO OBTAIN SECURITY CLEARANCE: If an employee has not been granted a security clearance wi1hin one hundred twenty (120) calendar days, because of employee delay, from the date of application submission, the company may terminate his/her employment.

ARTICLE12

DISCIPLINE AND DISCHARGE

12.1 CODE OF CONDUCT: Regulations for 1he acceptable conduct of employees are necessary for 1he orderly operation of any business and for 1he benefit and protection of the right and safety of all employees. Adherence to 1he following guidelines will ensure that all disciplinary actions are uniform, fair, and consistent. The following general code of conduct identified actions, which are unacceptable in our business environment and will result in disciplinary action.

(A) Gambling of any kind during duty hours on company or government property is prohibited.

(B) Smoking is not permitted only in designated areas during scheduled break and lunch periods.

Smoking is not permitted in or while operating company or government vehicles. ·

(C) Employees are not permitted to conduct personally business affairs during the time they are assigned to work.

(D) Employees are discouraged from making or receiving personal telephone calls during their work shifts unless calls are related to an emergency situation.

(E) The posting leaflets, notices, literature, or other material in company work areas without permission of the project manager for T-Square is strictly prohibited.

(F) Employees are not permitted to leave their job or regular working.area during working hours for any reason without the authorization of1heir supervisor except for lunches, rest periods and trips to restroom.

(G) Employees are expected to dress appropriately for 1heir work environment.

(H) The use of seat belts is mandatory when operating company or government equipment.

(I) For safety reasons, wear radio/cassette headphones is not permitted whlle operating company or government vehicle

. (J) Employees who notice potential safety hazard must report to the condition to 1heir supervisor at the earliest opportunity.

(K;) The company provides time cards to record employee attendance. Employees are responsible for maintaining their time cards accurately.

(L) Employees are required to clock-in or clock~out within at least five (5) minutes of the scheduled work shift. Employee standing in the vicinity of a time clock more than five "(5) minutes before the end of their shift will be required to clock -out and leave work area.

(M) All employees are responsible for their own time cards. No one will clock-in or ciock-out for another employee. Under unusually circumstances, a work leader or supervisor may clock and employee in or out.

(N) Excessive Tardiness /L.W.O.P. absences. Three (3) trades, three (3) unexcused absences, three (3) L.W.O.P., or a combination of any of the tree (3) in a ninety (90) day period shall be considered excessive.

12.2 DISCIPLINARY ACTION: The following disciplinary action policy shall be followed by the company for violations of the code of conduct identified in.section 1.

(A) First Offense-a verbal w!!l11i:ng will be issued for the first offence.

(B) Second Offense-a v;ritten reprimand will be given for the second violation.

(C) Third Offense-from one (1) day suspension without pay, up to and includll;ig discharge. The union ~·ill be furnished with a copy of disciplinary actions taken by the company.

12.3 DISCHARGE: Any ofthefollowing activities or action may warrant immediate dismissal from employment with the company.

(A) Any employee who will fully abuses or destroy government or company records.

(B) Any employee who intentionally falsifies government or company records

(C) Any employee who removes from the work area any government or company property, tools or equipment without the prior written permission of the project manager.

(D) Any employee in possession of firearms, fireworks, or explosives on government or i I company property.

(E) Any employee who knowingly makes a false entry on his/her time card.

(F) Any employee who changes or otherwise alters another employee's time card.

(G) Any employee responsible for instigating a fight or involvement in "horseplay" which could lead to fighting.

(B) Any employee who engages in abusive or vulgar language or sexual harassment directed toward a fellow employee.

(I) Any employee observed operating a government or company vehicle or equipment while under the influence of alcohol or drugs.

(J) Any empioyee observed consuming alcoholic beverages or drugs during his/her break period, lunch period, or at any time while on the job.

(K) Any emplbyee who refuses to perform assigned duties associated with his/her job classification unless directed assignments is in violation of safety, rules and regulations.

(L) Any misrepresentation of qualifications or falsifications on application for employment.

(M) Any employee who becomes involved in an altercation.with a representative of the government while on the job.

(N) Any failure to report a job injury.

(0) Any failures to timely report an accident while operating either government or company vehicle or equipment.

(P) Any employee who releases and new information (including but not limited to photographs, films public announcement, of denial or confirmation of new information) on any. subject matter · pertaining to this contract or operation they're under without prior written approval of the government contracting officer.

(Q) Any employee who participates in activities that are considered a conflict of interest, including.

(1) Engaging in an outside activity or enterprise, which could interfere in any.way with job performance. ·

(2) Making investment or performing services in any enterprise where, by the nature of the business, there could by any conflict of interest between the employee and the company; or

(3) Divulging confidential company or government information that might prove injurious to the company's operation or integrity.

(R) Any employee with excessive tardiness or absenteeism.

(S)' Any employee who.falsifies travel or expense records.

(T) Liquor entering the work site or being on the job under the influence of intoxicant or consumption thereof on the job are prohibited. An employee with the odor of alcohol on his or her breath will be subject to tests to determine the percentage of alcohol in the employee's system. A reading of .05 and above will result in termination of the employee. A lesser read will result in removal from the job without pay and appropriate disciplinary action up to and including discharge.

(U) Entering or being on the plant site under the influence of or in possession or any illegal; non prescription drugs of abuse.

12.4 Discipline Removed: Disciplinary actions will be removed after six (6) months if the employee is not assessed another during the six (6) month period. However, the company will retain records as a history of employment.

ARTICLE13

GRIEVANCE PROCEDURE

13.1 Presentation of Grievances. If there is any grievance, dispute, or difference between and employee covered by this agreement and the union or the company or among any of said parties with respect to the interpretation or application of any provision of this agreement, such grievance of this agreement, such grievance, dispute, or difference shall be reduced to writing and processed in accordance without the following steps in the grievance procedure, provided, however, that any time to present verbally or in writing complaints or grievances to the company and to have such grievances adjusted. As l~ng as the adjustment is not inconsistent with the terms of this agreement .and provided the Union's representative has been given an opportunity to be present at such adjustments. Except in the case of a grievance directly involving more than one supervisor, which may be taken immediately to step 2, a grievance shall be negotiated specified in each step.

(A) Step 1: An aggrieved employee may take up the matter with the foreman in whose department it occurred or through his/her committeeperson.

(B)-Step 2: If the employee is dissatisfied with the foreman's answer, it may be reduced to writing and presented to the foreman within five (5 days). The Foreman shall have five (5) days to receipt of the written grievance to answer the grievance in writing. The Union and Company may mutually agree to extend the time limits.(1) A grievance arising as the result of disciplinary action must be filed within five (5) days from the date the disciplinary action incurred except when the parties mutually agree to extend the time limits.

(C) Step 3: If the answer is unacceptable, the union may appeal the grievance to the project manager within. five (5) working days on the receipt of the written answer, and a meeting shall be held promptly with the chairman and committeeperson representative or the designated representative may assist the committee at this step and until the grievance is settled. If the company's answer is unacceptable to the union, the grievance may be referred to arbitration or mediation by the International Union in a timely manner. Failure of the company to answer the grievance within ten (10) working days may be treated as a denial of the grievance and the union may appeal to arbitration. ·

13.2 HANDLING GRIEVANCES: The committeepersons shall be allowed to handle requests, complaints, or grievances arising under this agreement during his or her regular working hours without loss of compensation, provided that the time so spent is devoted to the prompt handling of requests, complaints or grievances in accordance with the grievance procedure of this

·agreement and that he or she continue to perform his or her assigned jobs at all other tiJiles.

ARTICLE 14

ARBITRATION/MEDIATION

14.1 Any grievance which is not settled by the company and the union in the step 3 of the grievance procedure as provided for the above shall, upon timely written request by the Union to the Company, be referred to arbitration/mediation.

14.2 After referral to arbitration, the company and the union representatives will Il1eet within five

(5) working days for the purpose of attempting to agree upon an arbitrator. In the event that the company and the union representatives are unable to agree upon an arbitrator, a joint request will be…