Attachment 4 - CBA Effective 03 Jan 2020.pdf

COLLECTIVE BARGAINING AGREEMENT

between

BGI, LLC and COBALT TECHNICAL SOLUTIONS, LLC

And

INTERNATIONAL ASSOCIATION OF

MACHINISTS AND AEROSPACE WORKERS, AFL-CIO

and its

LOCAL LODGE 2949 and

LOCAL LODGE 36 of DISTRICT LODGE 776

Effective Date: 13 September 2016 through 03 January 2023

Collective Bargaining Agreement

TABLE OF CONTENTS

ARTICLE 1 RECOGNITION

SECTION 1.1 – RECOGNITION

SECTION 1.2 – BARGAINING UNIT (MORRIS ANGB)

SECTION 1.3 – BARGAINING UNIT (JBSA – KELLY FIELD ANNEX)

ARTICLE 2 RIGHTS OF MANAGEMENT

ARTICLE 3 UNION AND COMPANY RELATIONS

SECTION 3.1 – UNION ACTIVITY DURING WORKING TIME

SECTION 3.2 – STRIKES AND LOCKOUTS

SECTION 3.3 – UNION PAYROLL DEDUCTION

SECTION 3.4 – PAYROLL DEDUCTION FOR UNION DUES AND INITIATION FEE

SECTION 3.5 – INDEMNITY

SECTION 3.6 – BUSINESS REPRESENTATIVE/GRAND LODGE REPRESENTATIVES - ACCESS TO SITE

SECTION 3.7 – SHOP STEWARDS

SECTION 3.8 – DEPARTURE FROM WORK ASSIGNMENT BY STEWARDS TO INVESTIGATE COMPLAINTS OR

CLAIMS OF GRIEVANCE

SECTION 3.9 – BULLETIN BOARDS

SECTION 3.10 – EMPLOYEE MEETINGS WITH SUPERVISOR

SECTION 3.11 – JOINT MEETINGS

ARTICLE 4 GRIEVANCE AND ARBITRATION PROCEDURE

SECTION 4.1 – ESTABLISHMENT OF GRIEVANCE AND ARBITRATION PROCEDURE

SECTION 4.2 – EMPLOYEE GRIEVANCES

SECTION 4.3 – LAYOFF, DISMISSALS, SUSPENSIONS FOR CAUSE, INVOLUNTARY RESIGNATION, ETC

SECTION 4.4 – UNION GRIEVANCES AGAINST THE COMPANY

SECTION 4.5 – RETROACTIVE COMPENSATION

SECTION 4.6 – SELECTION OF ARBITER FROM FEDERAL MEDIATION AND CONCILIATION SERVICE

SECTION 4.7 – ARBITRATION RULES OF PROCEDURE

SECTION 4.8 – EXTENSION OF TIME LIMITS BY AGREEMENT

SECTION 4.9 – AGREEMENT NOT TO BE ALTERED

SECTION 4.10 – CONFERENCE DURING WORKING HOURS

SECTION 4.11 – BUSINESS REPRESENTATIVE/GRAND LODGE REPRESENTATIVE AUTHORIZED DESIGNEE

SECTION 4.12 – SIGNING GRIEVANCE DOES NOT CONCEDE ARBITRAL ISSUE

ARTICLE 5 SENIORITY

SECTION 5.1 – MAINTENANCE/ADJUSTMENT OF SENIORITY LIST

SECTION 5.2 – PROBATIONARY EMPLOYEES AND ESTABLISHMENT OF SENIORITY DATE FROM PROBATION

SECTION 5.3 – EMPLOYEES WITH IDENTICAL SENIORITY DATES

SECTION 5.4 – ACCUMULATION OF SENIORITY

SECTION 5.5 – LOSS OF SENIORITY

SECTION 5.6 – TRANSFERS TO AND FROM THE BARGAINING UNIT OR TO NEW POSITIONS

ARTICLE 6 WORKWEEK, HOURS OF WORK, SHIFTS

SECTION 6.1 – WORKWEEK

SECTION 6.2 – INSTRUCTOR/SME SCHEDULING

SECTION 6.3 – LUNCH PERIOD AND REST PERIOD

SECTION 6.4 – WORK SHIFT VARIANCE DAY

SECTION 6.5 – ABBREVIATED WORKDAY

SECTION 6.6 – ABNORMAL GOVERNMENT DAYS OFF

SECTION 6.7 – PART-TIME EMPLOYEES

ARTICLE 7 OVERTIME

SECTION 7.1 – OVERTIME REQUIREMENT/RULES

SECTION 7.2 – OVERTIME MULTIPLE

SECTION 7.3 – OVERTIME OPPORTUNITY DISPUTE

ARTICLE 8 LEAVE OF ABSENCE

SECTION 8.1 – AUTHORIZED LEAVES OF ABSENCE

SECTION 8.2 – RETURN FROM LEAVE OF ABSENCE

SECTION 8.3 – FEDERAL FAMILY AND MEDICAL LEAVE ACT (FMLA)

ARTICLE 9 SAFETY

SECTION 9.1 – HEALTH AND SAFETY

SECTION 9.2 – REQUIREMENT FOR MEDICAL EXAMINATION

ARTICLE 10 SEPARABILITY

ARTICLE 11 MISCELLANEOUS

SECTION 11.1 – SABOTAGE

SECTION 11.2 – SECURITY CLEARANCE FOR NON-PROBATIONARY EMPLOYEES

SECTION 11.3 – NON-DISCRIMINATION

SECTION 11.4 – SUCCESSOR AND ASSIGNS

SECTION 11.5 – BARGAINING UNIT STATUS REPORT

SECTION 11.6 – MASCULINE - FEMININE REFERENCES

SECTION 11.7 – CONTRIBUTIONS TO MACHINISTS NONPARTISAN POLITICAL LEAGUE

SECTION 11.8 – CONTRIBUTIONS TO GUIDE DOGS OF AMERICA

SECTION 11.9 – DRESS CODE

SECTION 11.10 – PERFORMANCE OF WORK

SECTION 11.11 – SITE MANAGER REFERENCE

ARTICLE 12 WORK FORCE ADMINISTRATION

SECTION 12.1 – SURPLUS ACTION WITHIN A JOB CLASSIFICATION

SECTION 12.2 – RECALL FROM LAYOFF

SECTION 12.3 – TEMPORARY ASSIGNMENT

SECTION 12.4 – TEMPORARY LAYOFFS

SECTION 12.5 – EMPLOYEE REQUESTED TRANSFER

SECTION 12.6 – USING SENIORITY FOR PROMOTIONS

ARTICLE 13 JURY AND WITNESS DUTY

SECTION 13.1 – JURY DUTY

SECTION 13.2 – WITNESS DUTY

ARTICLE 14 SHORT-TERM MILITARY DUTY

ARTICLE 15 PAY

SECTION 15.1 – BASE RATE

SECTION 15.2 – EFFECTIVE DATE OF CHANGES

SECTION 15.3 – PAYDAYS

SECTION 15.4 – HEALTH AND WELFARE BENEFIT

SECTION 15.5 – LEAD PAY

SECTION 15.6 – WORK SHIFT VARIANCE PAY

SECTION 15.7 – OVERTIME MULTIPLE

SECTION 15.8 – REST DAY MULTIPLE

SECTION 15.9 – WORKED HOLIDAY MULTIPLE

SECTION 15.10 – CERTIFICATION PAY

SECTION 15.11 – REASSIGNMENTS TO LOWER CLASSIFICATIONS

ARTICLE 16 TRAVEL

SECTION 16.1 – TRAVEL TIME

SECTION 16.2 – TRAVEL REIMBURSEMENT

ARTICLE 17 VACATION

SECTION 17.1 – VACATION TABLE

EFFECTIVE JANUARY 1ST, 2020, THE VACATION ACCRUAL TABLE WILL CHANGE TO THE FOLLOWING:

SECTION 17.2 – ACCRUAL

SECTION 17.3 – VACATION ACCOUNT

SECTION 17.4 – VACATION PAY

SECTION 17.5 – PAYMENT IN LIEU OF VACATION

SECTION 17.6 – PAY OUT OF VACATION ACCOUNT WHEN LEAVING PAYROLL

SECTION 17.7 – VACATION DONATION

ARTICLE 18 SICK/PERSONAL TIME

SECTION 18.1 – SICK/PERSONAL TIME ACCRUAL

SECTION 18.2 – USE OF SICK/PERSONAL TIME

ARTICLE 19 BEREAVEMENT

SECTION 19.1 – IMMEDIATE FAMILY

SECTION 19.2 – NON-IMMEDIATE FAMILY

SECTION 19.3 – ADDITIONAL TIME

ARTICLE 20 HOLIDAYS

SECTION 20.1 – HOLIDAYS

SECTION 20.2 – UNWORKED HOLIDAYS

SECTION 20.3 – WORKED HOLIDAYS

SECTION 20.4 – HOLIDAYS DURING VACATION

SECTION 20.5 – HOLIDAY OBSERVANCE WHEN OCCURRING ON A SCHEDULED DAY OF REST

SECTION 20.6 – EMPLOYEES ON NON-REGULAR WORKWEEK

ARTICLE 21 GROUP INSURANCE BENEFITS

SECTION 21.1 – CASH SUPPLEMENT FOR INSURANCE BENEFITS

SECTION 21.2 – ELIGIBILITY FOR INSURANCE BENEFITS

SECTION 21.3 – TYPES OF INSURANCE BENEFITS

SECTION 21.4 – COVERAGE CONTINUATION

SECTION 21.5 – PATIENT PROTECTION AND AFFORDABLE CARE ACT (PPACA)

ARTICLE 22 RETIREMENT SAVINGS

SECTION 22.1 – 401(K) SAFE HARBOR SAVINGS PLAN

SECTION 22.2 – MAXIMUM EMPLOYEE CONTRIBUTION

ARTICLE 23 TECHNOLOGICAL CHANGES

ARTICLE 24 POSTING OF JOBS

ARTICLE 25 DRUG- AND ALCOHOL-FREE WORKPLACE

ARTICLE 26 EDUCATIONAL ASSISTANCE/TUITION REIMBURSEMENT

ARTICLE 27 DURATION

ARTICLE 28 NOTIFICATION OF CHANGE

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

BGI, LLC AND COBALT TECHNICAL SOLUTIONS, LLC

AND

INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE

WORKERS,

AFL-CIO AND ITS

LOCAL LODGE 2949 AND

LOCAL LODGE 36 OF DISTRICT LODGE 776

THIS AGREEMENT, dated as of the 3 August 2016 and amended as of 09 September 2019 , is between BGI, LLC and Cobalt Technical Solutions, LLC (hereinafter referred to as the Company or Employer, as appropriate) and the International Association of Machinists and Aerospace Workers, AFL-CIO, and Local Lodge 2949 and Local Lodge 36 of District Lodge 776 (hereinafter referred to as the Union).

WHEREAS, the Union is the exclusive bargaining agent of certain Employees of the Company, and

WHEREAS, the Union and the Company have negotiated a Collective Bargaining Agreement covering wages, hours and other employment, and

WHEREAS, the parties desire to reduce the Agreement to writing, NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth, the parties hereto agree as follows.

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ARTICLE 1

RECOGNITION

Section 1.1 – Recognition The Company recognizes the International Association of Machinists and Aerospace workers, AFL-CIO, and its respective District and Local Lodges acting as its agents (LL 2949 for Morris ANGB, AZ; and LL 36 of DL 776 for JBSA – Kelly Field Annex, TX) as the sole and exclusive bargaining agent with respect to rates of pay, wages, hours of work and all other terms or conditions of employment for all Employees in the respective bargaining units covered by this agreement.

Section 1.2 – Bargaining Unit (Morris ANGB) The Employer and the Union agree that the Employees covered by this Agreement shall consist of the classifications set out in this Agreement employed by the Employer with regard to the WSST&S Program at Morris ANGB, AZ, under the Air National Guard Contract Number W9133L-18-C0002 and its successor contracts. Excluded from the Bargaining Unit are all supervisors and managers, office clerical employees, professional employees, and guards, as defined by the National Labor Relations Act.

Section 1.3 – Bargaining Unit (JBSA – Kelly Field Annex) The Employer and the Union agree that the Employees covered by this Agreement shall consist of the classifications set out in this Agreement employed by the Employer with regard to the WSST&S Program at JBSA – Kelly Field Annex, TX, under the Air National Guard Contract Number W9133L-18-C0002 and its successor contracts. Excluded from the Bargaining Unit are all supervisors and managers, office clerical employees, professional employees, and guards, as defined by the National Labor Relations Act.

ARTICLE 2

RIGHTS OF MANAGEMENT

The management of the Company and the direction of the work force is vested exclusively in the Company subject to the terms of this Agreement. All matters not specifically and expressly covered or treated by the language of this Agreement may be administered for its duration of this Agreement by the Company in accordance with such policy or procedure as the Company from time to time may determine. The Company does have the right to subcontract work and designate the work to be performed by the Company and the places where it is to be performed, which right shall not be subject to arbitration. The Company agrees that no Bargaining Unit Employees will be laid off as a direct result of subcontracting Bargaining Unit work. If, because of technological change, modifications to the Company’s contractual requirements, or other revised business requirements, the Company considers such subcontracting or outsourcing, it will give the Union no less than 15-days’ notice of such consideration and meet with the Union to discuss the reasons thereof.

ARTICLE 3

UNION AND COMPANY RELATIONS

Section 3.1 – Union Activity During Working Time Solicitation of Union membership, collection or checking of dues, will not be permitted during working hours. The Company agrees not to discriminate in any way against any Employee for the filing of complaints or grievances or for Union activity. Any Employee engaged in unsanctioned Union activity during working time, except as specifically allowed by the provisions of this Agreement, or by other agreement between the Company and the Union, is subject to disciplinary action.

Section 3.2 – Strikes and Lockouts The Union agrees that during the terms of this Agreement and regardless of whether an unfair labor practice is alleged (a) there will be no strike, slow-down, sit-down, or walk-out; and (b) the Union will not directly or indirectly authorize, encourage or approve any refusal on the part of Employees to proceed to the location or normal work assignment where no rare or unusual physical hazard is involved in proceeding to such location.

Any Employee who violates this clause shall be subject to discipline. The Company agrees that during the term of this Agreement there will be no lock-out of Employees covered by this Agreement. Any claim by either party of a violation of this Section 3.2 shall not be subject to the grievance procedure or arbitration procedure of this Agreement and the party shall have the right to submit such claim to the courts.

Section 3.3 – Union Payroll Deduction It is agreed between the Company and the Union that any Employee in the Bargaining Unit defined in Article 1 of this Agreement, who is or may hereafter become a member of the Union, or pays an agency fee, may authorize the collection of Union dues or agency fees by the signing of a payroll deduction form. The Employee's authorization shall be irrevocable for a period of one year from the date it is signed or until this Agreement expires, whichever occurs sooner, irrespective of the Employee’s membership status in the Union.

3.3(a) This authorization and assignment shall continue in full force and effect for yearly periods beyond the irrevocable period set forth above, and such subsequent yearly period shall be similarly irrevocable unless revoked within 10 calendar days nor less than 3 days prior to the date of termination of any irrevocable period hereof. Such revocation shall be affected by written notice to the Company, and a copy sent by certified mail, return receipt requested, to the Union within such 10-day period.

3.3(b) Collection of any back dues or agency fees owed at the time of starting deductions for any Employee and collection of dues or agency fees missed because the Employee's earnings were not sufficient to cover the payment of dues for a particular pay period will be the responsibility of the Union and will not be the subject of payroll deductions.

3.3(c) Deduction of membership dues or agency fees shall be made in a flat sum provided there is a balance in the paycheck sufficient to cover the amount after all other deductions authorized by the Employee or required by law have been satisfied. In the event of termination of employment, the obligation of the Company to collect dues or agency fees shall not extend beyond the pay period in which the Employee's last day of work occurs.

3.3(d) All Employees in the Bargaining Unit must, as a condition of continued employment, be either a member of the Union and pay Union dues or pay an agency fee to the Union, but not both, as permitted by State and Federal law.

3.3(e) All Employees within the Bargaining Unit on the effective date of this Agreement who are not Union members must, as a condition of continued employment, pay to the Union while on the active payroll, an agency fee equal in amount to monthly membership dues, beginning with the month following the month in which they accumulate 30-days of continuous service in the Bargaining Unit since their last date of hire or rehire. Employees entering the Bargaining Unit or Employees who are rehired with seniority or transferred with seniority into the Bargaining Unit after the effective date of this Agreement who do not become Union members, or having become, do not remain Union members, must, as a condition of employment, while on the active payroll, pay such fee to the Union commencing the month following the month in which they accumulate 30-days of continuous service in the Bargaining Unit, if such entry is prior to the 15th day of that month, or commencing with the month following the month of such entry into the Bargaining Unit, if such entry is on or after the 15th day of that month.

3.3(f) Employees who are Union members on the effective date of the Agreement shall continue to pay membership dues to the Union as a condition of continued employment while in the Bargaining Unit and on the active payroll as long as they remain members of the Union. Employees within the Bargaining Unit who after the effective date of this Agreement become members of the Union shall pay, while on the active payroll, an original initiation fee and membership dues to the Union, as a condition of continued employment while in the Bargaining Unit and while remaining a Union member;

provided that in no event shall the initiation fee and membership dues exceed the amount specified in the Constitution and/or by-laws of the Union.

3.3(g) Any Employee required to pay an agency fee, membership dues, or initiation or reinstatement fee as a condition of continued employment who fails to tender the agency fee or initiation, reinstatement, or periodic dues uniformly required, shall be notified in writing of his delinquency. A copy of such communication shall be mailed to the Company not later than 15 days prior to such request that the Company take final action on a delinquency.

3.3(h) Explanation to Employees. Either the Company or the Union may explain to any Employee or call to his attention, at any time, his rights and obligations under any or all provisions of this Article 3.

Section 3.4 – Payroll Deduction for Union Dues and Initiation Fee The Company shall make semi-monthly payroll deductions for the Union dues upon receipt by the office designated by the Company of a voluntary written assignment covering such deduction on a form mutually agreed to by the Union and the Company.

The deduction list will include each such permanent Employee number, name, and amount of deduction and such itemization will be forwarded to the Union. The Union dues shall be in an amount specified on such assignment and the amount will have been approved by the Company in advance as being administratively practicable.

Section 3.5 – Indemnity The Union will indemnify and hold the Company harmless from and against any and all claims, demands, charges, complaints, or suits instituted against the Company, which are based on or arise out of any action taken by the Company in accordance with or arising out of the foregoing provisions of this Article 3.

Section 3.6 – Business Representative/Grand Lodge Representatives - Access to Site “Business Representative” is defined as anyone with Union credentials, i.e., Business Representative, District Business Representative, Grand Lodge Representative, Aerospace Coordinator, etc. These terms are used interchangeably in this document.

The Business Representative of the Union shall have access to the Company facilities where Bargaining Unit Employees are normally assigned during working hours for the purpose of conducting legitimate Union Business pertaining to this Agreement including, but not limited to, the investigation and advising in the handling of grievances, and will not interfere with the normal conduct of the Company’s operation. The Company will not impose regulations which will render the intent of this provision ineffective. The Union shall keep the Company Manager of Labor Relations currently informed in writing of the name of the accredited Business Representative. The business representative shall notify the human resources manager or her designee prior to any visit to the site.

The Site Manager will ensure that the necessary credentials (where required) will be given to the business representative in accordance with appropriate DoD, Air Force, and Air National Guard regulations. Visits shall be made subject to such regulations as may be made from time to time by the Company.

Section 3.7 – Shop Stewards The Union may select one Employee at each location to serve as shop stewards. An additional designated alternate shall act only in the event the steward is unavailable. An Employee, while serving as a Steward, shall not be surplused unless there is no other work available that the Employee can perform within their classification.

Section 3.8 – Departure from Work Assignment by Stewards to Investigate Complaints or Claims of Grievance The steward shall notify and obtain permission from his supervisor before leaving his work assignment for the purpose of investigating complaints or claims of grievance on the part of Employees or the Union or contacting the Business Representative/Grand

Lodge Representative in regard to such claim or grievance. Such permission shall be granted except where there is a substantial reason for delaying the contact or the investigation due to safety conditions or the fact that a critical operation is in process.

The supervisor may be present during any discussion relating to any complaint or grievance. However, upon the request of an Employee or Steward, the supervisor shall authorize a Steward to participate in a private discussion with an Employee, Business Representative, or his designee, relating to a complaint or grievance. Discussions of the type described in this Section 3.8 shall be conducted without requiring the Employee or Steward to clock-out provided the discussion does not extend beyond the time that the supervisor considers reasonable under the circumstances.

Section 3.9 – Bulletin Boards The Company will provide bulletin boards for the use of the Union at locations mutually agreed to. Their use will be restricted to the following:

3.9(a) Notices of Union meetings;

3.9(b) Notices of Union elections and results thereof;

3.9(c) Notices of Union recreational and social affairs;

3.9(d) Such other notices as are mutually agreed upon.

Only notices approved by the Business Representative/Grand Lodge Representative, or his designee, authorized in writing by the Union and approved by the Company may be placed on the bulletin boards.

Section 3.10 – Employee Meetings with Supervisor Nothing in this Agreement is intended to abridge the right of a supervisor to privately discuss with any Employee under his or her supervision topics pertinent to the work place, including but not limited to, the Employee's job performance.

Section 3.11 – Joint Meetings Should either party desire to discuss with the other any matter affecting generally the relationship of the parties, a meeting of Union and Management representatives shall be arranged upon request of either party. Such meeting shall take place at a time mutually convenient to both parties. Any use of Company time for attendance at such meetings shall be arranged in advance by mutual agreement.

This Section is intended to provide a free avenue of communication between the Union and the Company, and suggestions, complaints, or other matters may be presented by either party, provided that neither party shall be required to discuss any item brought up by the other party nor be bound to act upon any item presented. However, both parties agree to discuss informal grievances and complaints.

ARTICLE 4

GRIEVANCE AND ARBITRATION PROCEDURE

Section 4.1 – Establishment of Grievance and Arbitration Procedure Grievance or complaints arising between the Company and its Employees subject to this Agreement, or the Company and the Union, with respect to the interpretation or application of any of the terms of this Agreement, shall be settled according to the following procedure.

Subject to the terms of this Article relating to cases of layoff or dismissal or suspension for cause or involuntary resignation, only matters dealing with the interpretation or application of terms of this Agreement shall be subject to this grievance procedure.

Section 4.2 – Employee Grievances In the case of grievances on behalf of Employees and subject to the further provisions of Section 4.3 below, relating to cases of layoff or dismissal or suspension for cause or involuntary resignation:

4.2(a) STEP 1. Oral Discussion. The Employee first shall discuss his grievance with the Steward and if the Steward considers the grievance to be valid then the Employee and the Steward will contact the Employee's supervisor and will attempt to effect a settlement of the complaint. This procedure, however, will not prevent an Employee from contacting his supervisor if he so chooses. If the purpose of the Employee's contacting his supervisor is to adjust the grievance, the Steward shall be given an opportunity to be present and such adjustment shall be in conformity with this Agreement. Grievances shall be brought to the Company within 7 calendar days of when the Employee knew or should have known about the event(s) leading to the grievance, and in the case of a Union-generated grievance, within 7-days of when the Union knew or should have known. Time limits may be extended by mutual agreement of the Company and the Union.

4.2(b) STEP 2. Grievance Reduced to Writing at Steward Level. If no settlement is reached in Step 1, the Steward may, within 7 calendar days, reduce to writing a statement of the validated grievance or complaint. Time limits may be extended by mutual agreement of the Company and the Union. The grievant must sign the written grievance, and it shall contain the following:

4.2(b)(1) The facts upon which the grievance is based.

4.2(b)(2) Reference to the section or sections of the Agreement alleged to have been violated (this will not be applicable in cases of dismissal or suspension for cause or of involuntary resignation).

4.2(b)(3) The remedy sought. The Steward shall sign and submit the written statement of grievance to the Site Manager for his consideration, with a copy to the Designated Representative of the Company. After such submission, the Site Manager and the Steward may, within the next 5 workdays, unless mutually extended, settle the written grievance and, over their signatures indicate the disposition made thereof. Otherwise, promptly after the expiration of such 5-day period, or agreed extension thereof, the Site Manager and the Steward shall sign the grievance, and their signatures will indicate that the grievance has been discussed and reconsidered by them and that no settlement has been reached.

4.2(c) STEP 3. Written Grievance Handling at Business Representative/Grand Lodge Representative/Company Representative Level. If no settlement is reached in Step 2 within the specified or agreed time limits, the Business Representative/Grand Lodge Representative or his designee may at any time thereafter submit the grievance to the Site Manager or Designated Representative of the Company. After such submission, the Designated Representative of the Company and the Business Representative/ Grand Lodge Representative or his designee may, within the next 10 workdays, unless mutually extended, settle the grievance and, over their signatures, indicate the disposition made thereof. Otherwise, promptly after the expiration of such 10-day period, or agreed extension thereof, the Designated Representative of the Company and the Business Representative/Grand Lodge Representative, or his designee, shall sign the grievance and their signatures will indicate that the grievance has been discussed and reconsidered by them and that no settlement has been reached.

4.2(d) STEP 4. Arbitration. If no settlement is reached in Step 3 within the specified or agreed time limits, then either party may in writing, within 10 workdays thereafter, request that the matter be submitted to an Arbiter for a prompt hearing as hereinafter provided in Sections 4.6 and 4.7.

Section 4.3 – Layoff, Dismissals, Suspensions for Cause, Involuntary Resignation, Etc.

In cases of layoff or dismissal or suspension for cause or involuntary resignation, the Employee shall be given a copy of the layoff, dismissal, suspension for cause or involuntary resignation order, if he is available to be presented with a copy of the order in person. If he is not available, a copy of the order will be sent to the Employee and to the Union office, each via certified mail, return receipt requested. The Employee shall have the right to appeal the action shown on the order provided the Union files a written grievance with the Designated Representative of the Company within 5 workdays after the date the Employee receives the layoff or dismissal or suspension for cause or involuntary resignation order in person, or within 5 workdays after the date registered on the return receipt, if mailed. The written grievance may then be processed through the subsequent steps.

Section 4.4 – Union Grievances Against the Company Processing of grievances, which the Union may have against the Company, shall begin with Step 3 above and shall be limited to matters dealing with the interpretation or application of terms of this Agreement. Such grievance shall be submitted in writing to the Designated Representative of the Company, and shall contain the following:

4.4(a) Statement of the grievance setting forth the facts upon which the grievance is based.

4.4(b) Reference to the section or sections of the Agreement alleged to have been violated.

4.4(c) The correction sought.

The grievance shall be signed by the Designated Representative of the Union. If no settlement is reached within 10 workdays (unless mutually extended) from submission of the grievance to the Designated Representative of the Company, both shall sign the grievance and indicate that it has been discussed and reconsidered by them and that no settlement has been reached. Within 10 workdays, thereafter the Union may in writing request that the matter be submitted to an Arbiter for a prompt hearing as hereinafter provided in Sections 4.6 and 4.7.

Section 4.5 – Retroactive Compensation Grievance claims involving retroactive compensation shall be submitted in writing (Step 2 above) no later than 60 calendar days from receipt of the grieved compensation, unless mutually extended. The grievance process will then proceed according to Section 4.2 above.

Section 4.6 – Selection of Arbiter from Federal Mediation and Conciliation Service The parties shall jointly request the Federal Mediation and Conciliation Service to submit a panel of 7 Arbiters admitted into the National Academy of Arbitrators. Such requests shall state the general nature of the case and ask that the nominees be qualified to handle the type of case involved. When notification of the names of the panel of 7 Arbiters is received, the parties in turn shall have the right to strike a name from the panel until only one name remains. The right to strike the first name shall be determined by lot. The remaining person shall be the Arbiter.

Section 4.7 – Arbitration Rules of Procedure Arbitration pursuant to Step 4 above (Section 4.2(d)) shall be conducted in accordance with the following.

4.7(a) The Arbiter shall hear and accept pertinent evidence submitted by both parties and be empowered to request such data as he deems pertinent to the grievance and shall render a decision in writing to both parties within 30-days, unless mutually extended, after the completion of the hearing.

4.7(b) The Arbiter shall be authorized to rule and issue a decision in writing on the issue presented for arbitration, which decision shall be final and binding on both parties.

4.7(c) The Arbiter shall rule only on the basis of information presented in the hearing before him and shall refuse to receive any information after the hearing except when there is a mutual agreement, in the presence of both parties.

4.7(d) Each party to the proceedings may call such witnesses as may be necessary in the order in which their testimony is to be heard. Such testimony shall be limited to the matters set forth in the written statement of grievance. The arguments of the parties may be supported by oral comment and rebuttal. Either or both parties may submit written briefs with a time period mutually agreed upon. Such arguments of the parties, whether oral or written, shall be confined to and directed at the matters set forth in the grievance.

4.7(e) Each party shall pay any compensation and expenses relating to its own witnesses or representatives.

4.7(f) The Union or the Company, whichever is ruled against by the Arbiter, shall pay the compensation of the Arbiter including his necessary expenses.

4.7(g) The total cost of the stenographic record (if requested) will be paid by the party requesting it. If the other party also requests a copy, that party will pay one half of the stenographic costs.

Section 4.8 – Extension of Time Limits by Agreement Time limits designated in this Article for processing grievances and for bringing a matter to arbitration may only be extended by mutual written consent.

Section 4.9 – Agreement Not to be Altered In arriving at any settlement or decision under the provisions of this Article, neither the parties nor the Arbiter shall have the authority to alter this Agreement in whole or in part.

Section 4.10 – Conference During Working Hours All conferences resulting from the application of provisions contained in this Article shall be held during working hours.

Section 4.11 – Business Representative/Grand Lodge Representative Authorized Designee For any period that the Business Representative/Grand Lodge Representative is unavailable to serve in that capacity under this Article 4, he may designate an accredited Steward or another accredited Business Representative/Grand Lodge Representative to act for him, as his authorized designee. For period of unavailability, authorization of the designee will be accomplished by the Business Representative/ Grand Lodge Representative informing the appropriate Company representative of the expected period of the Business Representative/Grand Lodge Representative's unavailability to perform his duties under this Article 4. The Business Representative/ Grand Lodge Representative shall inform the Company Representative when the Business Representative/Grand Lodge Representative is available to resume his duties, at which time the authorized designee loses his authorization to act.

Section 4.12 – Signing Grievance Does Not Concede Arbitral Issue The signing of any grievance by any Employee or representative either of the Company or of the Union shall not be construed by either party as a concession or agreement that the grievance constitutes an arbitral issue or is properly subject to the grievance procedure under the terms of this Article.

ARTICLE 5

SENIORITY

Both parties agree that continued service over a period of time should, and in most cases does, increase the worth of an Employee to his Employer, and that length of service should receive recognition in case of promotion. Both parties further agree that the principle of seniority, where qualifications are reasonably equal, shall be used for promotion or for retention in case of a reduction in force. It is further recognized that the Company retains the authority to evaluate qualifications.

Section 5.1 – Maintenance/Adjustment of Seniority List Each Bargaining Unit will maintain and adjust a Seniority List with seniority established/accumulated/suspended/lost according to this Article 5.

Section 5.2 – Probationary Employees and Establishment of Seniority Date from Probation 5.2(a) For the first 180 days of employment, full-time and part-time Employees shall be considered as on probation and without seniority. This period may be extended upon mutual agreement between the Company and the Union.

5.2(b) If there is delay in receiving a security clearance required for a position, the Company can (1) layoff or terminate the Employee; or (2) assign the Employee to a position for which he is qualified that does not require a security clearance.

5.2(c) If a probationary Employee is laid-off and rehired within a period of time not in excess of the time he had previously spent as a probationary Employee, will be credited with the time previously worked toward the completion of his probationary period. If a probationary Employee is laid-off and rehired within a period of time in excess of the time he had previously spent as a probationary Employee, he will start probation over, still subject to the rules of this Section.

5.2(d) Upon completion of the probationary period, the seniority date will be established 180 days prior to the completion date of the probationary period.

5.2(e) During the probationary period, probationary Employees may be laid-off or terminated at the discretion of the Company. Layoffs or terminations during the probationary period shall not be subject to the Grievance and Arbitration Procedure.

Section 5.3 – Employees with Identical Seniority Dates When 2 or more Employees have the same seniority date, the seniorities will be rank-ordered from high to low according to the last 4 digits of each social security number;

i.e., the higher last 4 is more senior.

Section 5.4 – Accumulation of Seniority Site Seniority shall accumulate to:

5.4(a) Employees who are on the active payroll of the Company and in the Bargaining Unit defined in Article 1 of this Agreement;

5.4(b) Employees who are promoted to positions supervising site Bargaining Unit Employees, shall retain and continue to accumulate site seniority while they remain in a supervisory position;

5.4(c) Employees while on active military service and reinstated to the same site in compliance with applicable law;

5.4(d) Time spent on authorized leave of absence for Union business in accordance with Article 8;

5.4(e) Time lost by reason of industrial injury or industrial illness not to exceed the time limits on layoff statue provided in 5.4(h);

5.4(f) Time spent on authorized leave of absence granted because of pregnancy or to cover periods of non-industrial injury or illness, not to exceed 12 months during any such period;

5.4(g) The first 30 days of any other authorized leave of absence;

5.4(h) Time spent on layoff for a period not to exceed 5 years, or length of service, whichever is less, and returning to the same site.

Section 5.5 – Loss of Seniority An individual shall lose seniority rights for the following reasons:

5.5(a) Resignation. In addition to normal resignations, an individual who, while on leave of absence, engages in other employment without prior written approval by the Company, or fails to report for work or to obtain renewal of his leave on or before its expiration, will be considered as having resigned;

5.5(b) Discharge for cause;

5.5(c) Failure to respond with an acceptance within 7 calendar days after receipt of a recall from layoff notice by certified mail (unless such period is extended by the Company);

5.5(d) Failure to report for work within 14 calendar days after acceptance or on such later date as may be designated by the Company;

5.5(e) Failure to keep the Company advised of any changes in current mailing address while on layoff. The Company will fulfill its obligation for notice of recall by mailing a certified notice to the Employee's last address of record;

5.5(f) Layoff for a period in excess of 5 years, or length of service, whichever is less;

5.5(g) Retirement;

5.5(h) Absence in excess of 3 consecutive working days without notice, either by telephone or written message by messenger to his immediate supervisor shall constitute resignation as in 5.5(a) above, unless satisfactory evidence of inability to report for work is shown.

Section 5.6 – Transfers To and From the Bargaining Unit or to New Positions 5.6(a) The Company may transfer or promote Employees covered by this Agreement to supervisory positions.

5.6(b) Employees transferring to salaried positions other than that described in Section 5.4(b), shall retain their Bargaining Unit seniority but shall not accumulate additional seniority while they remain in such salaried positions.

5.6(c) The Company at any time may transfer or demote to positions within the Employee's site of employment those Employees who have accumulated or are accumulating seniority under Section 5.2 of this Article 5. Such transfers or demotions may be made subject only to the job return rights of others to the extent provided in Article 12.

5.6(d) Employees who transfer to another job category within the site (see Article 12) shall be placed on the new category seniority list using the seniority date on the previous job category list at the same site.

5.6(e) If a member re-locates to another site, the member retains seniority rights for Company benefits only (i.e., vacation) but goes to the bottom of the seniority list at their new location.

ARTICLE 6

WORKWEEK, HOURS OF WORK, SHIFTS

Section 6.1 – Workweek 6.1(a) The workweek for pay purposes begins at 0001 hours on Monday and ends at 2400 hours on Sunday. The workweek for pay purposes is 40 compensated hours, consisting of 5 workdays of 8 hours each.

6.1(b) Starting time, hours of work per day, and days of rest shall be made by the Company, and may be changed to suit varying conditions of business. The number of workdays and compensated hours per workday may vary depending on the customer’s schedule, with Site Manager approval, as long as at least 40 compensated hours are scheduled for each full-time Employee per workweek.

6.1(c) During a regular workweek, Employees will work from Monday through Friday, with Saturday and Sunday designated as Rest Day One and Rest Day Two, respectively.

6.1(d) When an Employee begins to regularly work on Saturday or Sunday to meet the customer’s needs, the Employee and Site Manager may agree to switch the Employee to a non-regular workweek. In a non-regular workweek, one or two weekdays may be used as a rest day. The first day in the workweek used as a rest day will be assigned as Rest Day One. The second day in the workweek (weekday or weekend) will be assigned as Rest Day Two. Rest Day One and Rest Day Two will be consecutive. If this is not possible, the Site Manager will ask for volunteers to split rest days. If an employee is forced to accept a split rest day and subsequently asked to work on those days, then the Multiples in Section 15 will apply.

6.1(e) An Employee will not exceed 40 hours of compensated hours in a workweek without the approval of the Site Manager.

6.1(f) The Company will provide the Employees as much advance notice as possible of changes to starting time, hours of work, and days of rest. Employees’ posted shifts shall not be changed solely to avoid payment of the Overtime Multiple.

This Section is not subject to the Grievance and Arbitration Procedure in Article 4.

Section 6.2 – Instructor/SME Scheduling For purposes of scheduling instructors, each trainer, academic class, or block of consecutive classes to the same student class in the same building will include a 30-minute period of preparation time prior to the event. If necessary, this 30-minute period can be waived for academics and unbriefed UTDs in the same building. When the shift starts with a trainer, academic class, or block of consecutive classes, this preparation time is paid time and constitutes the beginning of the shift.

Section 6.3 – Lunch Period and Rest Period Employees will be allowed 1 paid 15-minute rest period before and 1 paid 15-minute rest period after lunch for each scheduled work day; and 1 unpaid 30-minute or 60-minute lunch period as determined by management. With prior management approval, Employees will be allowed to work through their lunch period and/or rest periods, or take their rest and/or lunch periods at a later or earlier time during the shift.

Employees shall work up to the start of the rest and lunch periods and be at their place of work at the end of their rest and lunch periods. Depending on their schedules, Employees may be required to work through their rest and/or lunch periods and take them at a later or earlier time during the shift.

Section 6.4 – Work Shift Variance Day Work shifts for a particular day may be modified in the following ways, by mutual agreement of the Site Manager and the Employee.

6.4(a) Extended Shift. Shifts may vary in length but should not be scheduled to exceed 12 hours, unless approved in advanced by the Site Manager. If a shift is approved for greater than 12 hours, the Employee will be paid Work Shift Variance Pay, as delineated in Section 15, in addition to all other Pays, Benefits, 401(k), and Multiples that apply, for all 12+ hours worked in the shift.

6.4(b) Early/Late Shift. When an Employee is required to report to work before 0600 hours, or after 1200 hours, to support the customer’s schedule, the Employee will be paid Work Shift Variance Pay, as delineated in Section 15, in addition to all other Pays, Benefits, 401(k), and Multiples that apply, for all hours worked in the shift.

6.4(c) Split Shift. If an Employee has gone home after working scheduled time, and then is recalled to work on the same day, the Employee will be paid Work Shift Variance Pay, as delineated in Section 15, in addition to all other Pays, Benefits, 401(k), and Multiples that apply, for all hours worked on that day. The Employee will be credited with 4-hours, or the actual hours worked, whichever is higher, for the later shift.

6.4(d) Other matters relating to non-standard work schedules will be subject to mutual agreement by the parties.

Section 6.5 – Abbreviated Workday 6.5(a) If an Employee is directed to not report to work, or to leave work before the end of the workday, because of a condition beyond the Company's control, the Employee will be credited with 8 hours of fully compensated work, including all other Pays, Benefits, 401(k), and Multiples that apply. Examples include safety and weather.

6.5(b) An Employee who leaves work early of his own volition, or because of incapacity (other than industrial injury), or is discharged or suspended after beginning work, will be credited and fully compensated for the number of hours actually worked during that day, including all other Pays, Benefits, 401(k), and Multiples that apply.

6.5(c) An Employee who leaves work early because of incapacity due to an on-site work related injury will be credited with 8-hours of fully compensated work, including all other pays, benefits, 401(k), and Multiples that apply.

Section 6.6 – Abnormal Government Days Off When 149 FW and 162 WG Government employees are directed not to report to work or are sent home early, the Company Site Manager will have sole discretion on whether Company employees will also not report to work or will go home early. These Government directives might emanate from DoD, USAF, AETC, ANGRC/NGB, TAG TX ANG, TAG AZ ANG, 149 FW/182 FS or the 162 WG and examples include Family Days, Safety Stand Down Days, or other local/national events that may cause the 149 FW and 162 WG Government employees to not work (in addition to those holidays listed in Section 20.1). If dismissed early, employees will be compensated for work completed, but no less than 4-hours for that day. If the Site Manager does not give Company employees the day off or release early, Company employees may use vacation, sick/personal time, or take leave without pay if no accrued vacation is available and with prior Company approval. This section does not include any provision for pay or benefits for mandated Government or Company work stoppages covered in 6.6(a).

6.6(a) In the event that the United States Government notifies the Company to “stop work” for additional reasons not covered in Section 6.6 and contract personnel are released from working on said contract, the Company and the Union shall negotiate terms of pay and benefits applicable for the time period affected by the work stoppage.

Such negotiation shall take place no fewer than 90 days after returning to work, unless mutually agreed by the Company and the Union to take place sooner. The scope of this negotiation shall be limited to the terms of pay and benefits applicable during the work stoppage and the Government’s reimbursement approach during that period.

Section 6.7 – Part-Time Employees Part-time employees are those who normally work less than 30 hours per week and work on an "on call" basis to meet the requirements of the daily schedule. Part-time status is conveyed in the employee's offer letter. Changes from part-time to full-time status are made through a formal offer letter.

i. When a part-time employee is scheduled, at no time will they receive less than, and are guaranteed, a minimum of 4 hours of work.

ii. Part-time employees are not eligible for Educational Assistance/Tuition Reimbursement.

The total of part-time employees will not exceed 20% or 2 employees within a classification at each site, whichever is greater. This may be exceeded any time by mutual agreement.

Part-time employees are compensated at the same wage rate as full-time employees and are paid for each hour worked. Part-time employees are compensated for benefits on a “cash in lieu” basis for each hour worked based on the amount paid full-time employees in Article 21, Group Benefits, and are compensated on a pro rata basis for holiday and vacation pay for each hour worked. Holiday and vacation pay calculations for part-time employees will be based on the formula specified:

Part-time Instructor/SME example (based on Instructor/SME base rate effective 1/4/20):

Assume 9 years of service - 120 Hours of Vacation, 80 hours of holidays

Vacation/Holiday conversion to dollars: 76.22 * 200/2080 = 7.33 Pay rate on Pay Statement: 76.22 + 7.33 = $83.55 per hour worked

In the event of layoff, part-time employees will be laid-off in accordance with Section

12.1. Part-time employees will be offered the option to convert to full-time prior to a layoff occurring provided they have seniority.

Current full-time employees will be given first opportunity, by seniority, for part- time positions.

ARTICLE 7

OVERTIME

Section 7.1 – Overtime Requirement/Rules In order for the Company to meet its obligations, an Employee may be required to work overtime (more than 40 worked hours in a workweek (Section 6.1)). The overtime hours may occur on a normal workday, first rest day, second rest day, a work shift variance day, or a holiday. When it becomes necessary to schedule overtime, it will first be offered to qualified Employees on a voluntary basis within the work group/work area where the overtime requirement exists. The Company will attempt to equalize overtime among those qualified Employees. If management fails to obtain a sufficient number of volunteers to meet the overtime requirement(s), then qualified Employees may be directed to work the necessary overtime within the work group/work area where the overtime requirement exists, in reverse seniority order. The Company will provide as much advance notice of overtime requirements as possible.

The Company shall not require an Employee to work overtime who has worked three consecutive weekends (either Saturday or Sunday), or 160 overtime hours in the calendar quarter, except in extraordinary circumstances mandated by the customer.

Hours worked on any off-site assignment shall not be included in this provision.

Section 7.2 – Overtime Multiple 7.2(a) An Overtime Multiple of 1.5 will be used to calculate an Employee’s overtime pay for the overtime hours. The Overtime Multiple will apply only to the Employee’s Normal Base Rate (Section 15.1) and Lead Pay (Section 15.5). The Overtime Multiple does not apply to the Health and Welfare Benefit (Section 15.4) and Work Shift Variance Pay (Section 15.6).

7.2 (b) The Overtime Multiple will not apply to First Rest Day Pay (Section 15), Second Rest Day Pay (Section 15), and Worked Holiday Pay (Section 20.3), as those pays have their own multiple. If overtime is accrued after another Multiple has been applied, the overtime Multiple will not be paid. This is to prevent pyramiding of Multiples in a given work week.

Section 7.3 – Overtime Opportunity Dispute In any dispute regarding any claim that an Employee was not given an opportunity to work overtime, the only award, if any, will be that the Employee shall be provided an opportunity to work such overtime at the next overtime opportunity.

ARTICLE 8

LEAVE OF ABSENCE

Section 8.1 – Authorized…