Attachment 4.5 - Collective Bargaining Agreement.pdf

ATTACHMENT 4.5

KENNEDY FLIGHT

OPERATIONS CONTRACT

(KFLOC)

COLLECTIVE BARGAINING AGREEMENT

COLLECTIVE BARGAINING AGREEMENT

OF

BETWEEN

Federal Services, Inc.

AND

INTERNATIONAL ASSOCIATION OF MACHINISTS AND

AEROSPACE WORKERS

AFL-CIO

Kennedy Space Center

September 25, 2017 through March 31, 2021 i

Table of Contents

Article

Page

Preamble 1

1 Purpose 1

2 Effect of Other Agreements 1

3 Recognition and Scope 1

4 Management’s Rights 3

5 Union Security and Checkoff 4

6 No Strike or Lockout 6

7 Nondiscrimination 6

8 Grievance Procedure 7

9 Arbitration 9

10 Discipline and Discharge 10

11 Safety and Health 11

12 Government Security 12

13 Miscellaneous Provisions 13

14 Workweek, Hours of Work, Work Shifts 15

15 Leaves of Absence 16

16 Sick Leave 19

17 Union Representatives and Union Activities 21

18 Seniority 23

19 Shift Change and Shift Differential 26

20 Overtime 27 ii

21 Wage Rates for New Occupational Classifications 31

22 Rates of Pay 31

23 Paid Time Off 32

24 Holidays 34

25 Group Insurance 37

26 Retirement 39

27 Savings & Separability 39

28 Duration 40

Signature of the Parties 41

Schedule A – Wage Grade Table 42

Schedule B – Hourly Wage Rates 43

Substance Abuse Program 46

P R E A M B L E

This Agreement entered into this 21st day of September, 2017 by and between, URS Federal Services, Inc. (hereinafter referred to as the Company) and the International Association of Machinists and Aerospace Workers, its District Lodge 166 and its Local Lodge 2061 (hereinafter referred to as the Union).

ARTICLE 1

PURPOSE

1.1 The parties enter into this Agreement in which they agree to unify common working conditions, to maintain a spirit of labor management cooperation and stability, to explore improved work methods and procedures, and agree further to establish effective, prompt and binding methods for the settlement of all misunderstandings, disputes or grievances which may arise in the performance of the NASA Kennedy Space Center Flight Operations and Maintenance Support Services Contract (FOMSS) also referred to as Flight Ops. The Union and Company agree to administer the provisions of this Agreement in good faith.

1.2 This agreement shall constitute the sole agreement between the parties. Prior agreements or past practices may affect the interpretation of this agreement but will not otherwise bind the parties unless otherwise agreed. The parties acknowledge that during the negotiations which resulted in this agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the areas of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of those rights and opportunities are set forth in this agreement.

ARTICLE 2

EFFECT OF OTHER AGREEMENTS

The provisions of this Agreement shall apply to all employees represented by the Union who are engaged on the FOMSS contract, notwithstanding provisions of other local agreements which may conflict or differ with the terms of this Agreement.

ARTICLE 3

RECOGNITION AND SCOPE

3.1 The Company recognizes the Union as the exclusive collective bargaining agent and representative, with respect to rates of pay, hours of work, and other conditions of employment for employees on the FOMSS contract at the John F. Kennedy Space Center, in the classifications as set forth in the attached Schedule A and made part of this Agreement, or while on TDY assignments while performing work under the FOMSS contract.

3.2 Work awarded to the Company under the FOMSS contract to be performed at KSC, which involves the performance of tasks the same or similar to existing bargaining unit employees, shall be assigned to bargaining unit personnel, unless required otherwise by the NLRA. If there is a dispute between two or more affected Unions over the unit placement of new work, the affected Unions and Company shall attempt to resolve it.

Failing agreement, the aggrieved party(ies) may seek relief, as provided under the NLRA.

3.3 Any employee hired or transferred into the unit covered by this Agreement to replace a departing employee will become a part of the same unit as the employee replaced.

Employees who transfer into this unit from another position within FOMSS without a break in service shall retain uninterrupted service for benefits eligibility.

3.4 URS will conduct work force reductions within the Union’s historical bargaining unit as specified in Article 18.3.

3.5 Supervisors will not perform the duties of employees in the bargaining unit other than in emergency situations or for the purpose of instructing employees. Such assistance shall not deprive a bargaining unit employee from earning overtime.

3.6 The Company and the Union agree to maintain the status quo regarding work performed by bargaining unit employees covered by this agreement. The Company agrees not to assign work currently being performed by one unit of represented personnel to another bargaining unit. Non-bargaining unit employees will not perform the work within any classification covered by this Agreement.

3.7 When work is performed on site pursuant to the terms of a basic warranty or lease, vendor/lessor mechanics may supervise and perform actual work on the equipment, machinery or materials under lease or warranty and may be assisted by bargaining unit personnel. All maintenance work shall be performed by the appropriate bargaining unit employees after expiration of the basic warranty in accordance with established practices unless otherwise agreed upon by both parties. This clause is not intended to eliminate or reduce any bargaining unit personnel under this contract

3.7.1 If maintenance is performed off site, equipment will be inspected by appropriate bargaining unit employees in accordance with established practices and contract requirements before returning the equipment to service.

3.8 The Company and Union agree to a common sense approach to work assignments.

Craftsman may be assigned incidental work of other craftsman to prevent costly pro-duction waste and/or inefficient use of the workforce. Such assignments shall be made in a prudent manner, and shall not be made with intent of eroding the workforce. Aircraft Mechanics will perform mechanical work and will provide other services e.g., fueling and marshalling, for helicopters and NASA’s fixed wing aircraft.

Since there will be only one Logistic Specialist on the contract in the event the Logistics Specialist is not present, URS will assign another bargaining unit person to perform those duties, but if doing so is not feasible, it may assign a non-bargaining unit person to perform the work. Given the small size of the Flight Ops contract, the duties of the one Logistics Specialist will be broadened to include certain administrative functions, which if the contract supported additional personnel, would be performed by non-bargaining unit personnel. If and when the size of the contract increases sufficiently to support a separate non-bargaining unit employee to perform the administrative functions and a separate bargaining unit employee to perform customary Logistics Specialist’s functions only, then URS will so assign the work. Compensation for the Logistics Specialist shall be as specified in the Agreement.

Employees will perform common tasks as a normal part of their jobs. Doing so is not working outside an employee’s classification. Common tasks are those that can be performed by more than one classification requiring little or no training. Such common tasks shall be identified and assigned by management with consideration given to training, certification, and safety requirements.

ARTICLE 4

MANAGEMENT’S RIGHTS

4.1 The Union recognizes that it is the right and responsibility of the Company to maintain discipline and efficiency and agrees that management shall have the freedom of action necessary to discharge its responsibility for the successful execution of the FOMSS contract. Except as expressly limited by other provisions of this Agreement, the Company retains the right to direct the working force, including the hiring, promotion, transfer, discipline or discharge of its employees; the assignment and scheduling of work, the requirement of overtime work and the determination of when it shall be worked; the right to promulgate fair and reasonable policies, rules and regulations and to amend or modify such from time to time with prior notice to the Union; and the right to direct the workforce and execute the requirements of the FOMSS contract in a safe and effective manner.

Assignment of work will normally be in accordance with established job classifications.

However, when fluctuations in workloads occur in a particular classification, work can be assigned to non-affected classifications within the unit, providing the employees have the qualifications to do the work. No assignment out of classification under this section shall be made without prior notice to the Union and will be subject to any conditions negotiated by the parties of the assignment.

4.2 The foregoing enumeration of Management’s Rights shall not be deemed to exclude other rights of management, not specifically set forth, provided that no supplementary right of management may abridge any specific term of this agreement. In addition, the foregoing enumeration of Management’s Rights and functions is without prejudice to the Union’s duty and responsibility for the representation of employees covered by this agreement and its rights, in accordance with the law and the terms of this agreement, to process grievances, disputes or differences as to the interpretation or application of any provisions of this agreement.

Company has had and will continue to have the right to subcontract work without prior notice to the Union in accordance with sound business practices. The assignment of such subcontracting work shall not be made with the intention of eroding the bargaining unit workforce. The Company shall make reasonable efforts to recall affected employees when prudent, in addition to subcontracting efforts.

4.3 The parties recognize that the use of new technology, equipment, machinery, tools, computers, process assignment practices or labor saving devices and methods of performing work may be initiated by the Company from time-to-time on the FOMSS contract. Such technology, and training in the use of such tools, devices or methods shall be provided by the Company at no cost to the employee. Appropriate bargaining unit employees will continue to perform such work provided they are or become qualified and unless the technical alterations change the nature of the work in a way that removes it from the scope of the bargaining unit. The Company will notify the Union of any such change and will be prepared to discuss the impact on the respective bargaining unit prior to implementation. Such initiatives will be implemented only for valid business purposes and shall not be a subterfuge for reducing bargaining unit work. The Union agrees that it will not impede the implementation of legitimate new devices or work methods. If there is any disagreement between the Union and the Company concerning the legitimacy of implementation of such devices or methods of work, the implementation will proceed as directed by the Company and the Union shall have the right to arbitrate the dispute as set forth in Article 9 herein.

ARTICLE 5

UNION SECURITY AND CHECKOFF

5.1 Upon receipt of an employee's written authorization, which shall be irrevocable for a period of one year, or beyond the termination date of this Agreement, whichever occurs sooner (when revocation is not otherwise provided by local law), the Company shall deduct from such employee's wages, in accordance with this Agreement, such employee's initiation fee and the Union dues and remit same to the duly authorized representative of the Union by the end of the month in which the deductions were made, together with a list of the names of the employees from whose pay deductions were made. Such written authorization may be revoked by the employee by written notice to the Company and the Union not more than twenty (20) and not less than five (5) days prior to the expiration of such yearly period, or of each applicable Collective Bargaining Agreement, whichever occurs sooner. The employee must notify the Union and the Company during one of these periods by written notice sent by certified mail.

In the absence of such notice of revocation, the authorization shall be renewed for an additional yearly period, or until the end of the Collective Bargaining Agreement, whichever occurs sooner. Where monies have been deducted from the pay of an employee who does not owe such monies, it shall be the responsibility of such employee to obtain a refund from the local Union.

5.2 A properly executed Payroll Deduction Authorization Form for each employee for whom

Union check-off is required shall be delivered to the Human Resources office before any deductions are made. Deductions shall be made, thereafter, only if the authorization forms have been properly executed. Any authorization which is incomplete or in error will not be activated by the Company.

5.3 Deductions for Union Membership Dues (with a maximum pickup of one month) shall be resumed by the Payroll Accounting Department in the following situations unless written revocation notice from the employee has been received by the Company in accordance with Paragraph 5.1 of this Section:

(a) Upon recall from layoff.

(b) Upon return from prolonged Leave of Absence.

5.4 Deductions for other Union membership dues shall be made from the employee's paycheck monthly for twelve (12) months of the calendar year. Such deductions shall be in the amount certified to the Company by the Union. Any change in the amount of deductions for such Union membership dues shall be made effective for the next full month after written notice of such change by the Union to the Company. In the event a deduction for such dues is not made from one or more consecutive monthly paycheck due to insufficient earnings by the employee, then on the next paycheck that the employee has sufficient earnings, a retroactive deduction shall be made.

5.5 The Union agrees to hold the Company harmless against any and all complaints, claims, judgments, or demands that may arise out of, or in any way be related to, compliance by the Company with the terms of this Section or in reliance by the Company upon any document furnished to the Company by the Union pursuant to the provisions of this Section.

5.6 The Company agrees that any bargaining unit employee working under this Agreement on or after the effective date of this Agreement shall, within thirty (30) calendar days, assume and continue financial core membership in the Union as a condition of employment. This obligation shall be effective only on those sites of employment designated as a federal enclave or where otherwise permitted by law.

5.6.1 Union will notify the Company of any non-compliant bargaining unit employee. The employee shall be provided not less than two weeks to cure the arrearage. If the employee does not establish or regain financial membership in good standing, the employee will be subject to termination at the request of the Union.

5.7 Where permitted by law, all employees of the employer subject to the terms of this

Agreement shall, as a condition of a continued employment, become and remain members in the Union, and all such employees subsequently hired shall become members of the Union within thirty-one (31) calendar days, within the requirements of the National Labor Relations Act. Union membership is required only to the extent that employees must pay either (I) the Union’s initiation fees and periodic dues or (ii) service fees which in the case of a regular service fee payer shall be equal to the Union’s initiation fees and periodic dues, or in the case of an objecting service fee payer, shall be the proportion of the initiation fees and dues corresponding to the proportion of the Union’s total expenditures that support represented activities.

The Company will within three (3) working days after receipt of notice from the Union, discharge any employee who is not in good standing in the Union as required by the preceding paragraph.

ARTICLE 6

NO STRIKE OR LOCKOUT

6.1 The Union hereby agrees that during the term of this agreement, whether an unfair labor practice is alleged or not, there will be no strike, sympathy strike, slow down, walk out or any other interruption or stoppage of work on the FOMSS contract against URS or any signatory subcontractor, including a failure to report for work over another Union’s picket line. This prohibition does not extend to informational activity away from the worksite.

6.2 The Union also agrees that it will not directly or indirectly authorize, encourage, support or otherwise approve employee refusal to report to the location of normal work assignment and to commence regular work as scheduled, where no rare or unusual physical hazard is involved in proceeding to such location or performing such work. The Union commits that the officers and agents of the Union will take immediate, good faith, and reasonable action to either prevent the occurrence or the continuation of impermissible conduct or activities set forth in this article.

6.3 The Company agrees that there will be no lockout of employees covered by this

Agreement. Nothing in this clause shall prevent the Company from implementing a layoff of employees or any other reduction in the workforce for valid business reasons.

ARTICLE 7

NONDISCRIMINATION

7.1 To the same extent dictated by applicable laws, the Company and the Union agrees that there shall be no discrimination by the Company or the Union, either separately or collectively, against any employee or prospective employee because of sex, race, color, national origin, religion, age, disability, veteran status or because of Union activity, membership, non-membership or refraining from engaging in Union activity. Whenever the male gender is used in this agreement as a frame of reference, it shall mean either male or female without distinction.

7.2 The Company and the Union acknowledge the reasonable accommodation obligations of the Americans with Disabilities Act and the protected status of qualified applicants and employees with mental or physical disabilities. Nothing in this Agreement shall expand upon either party’s statutory obligation nor shall be construed as intending to foreclose reasonable accommodation to qualified persons with a statutory disability, provided that the Company must give the Union advance notice of any accommodation inconsistent with the terms of this Agreement and bargain with the Union in such cases to ensure that the proposed accommodation is required by law and does not unreasonably usurp the seniority rights of other employees covered by this agreement.

7.3 Any employee or the Union may file a grievance under Article 8 alleging discriminatory application of this agreement. Such grievances are encouraged and may be processed through Step 3 of the grievance procedure. Any grievance not resolved at Step 3 may be submitted by the Union to final and binding arbitration as specified in Article 9.

ARTICLE 8

GRIEVANCE PROCEDURE

8.1 The Union and any employee covered by this Agreement shall have the right to present to the Company, and the Company to the Union, complaints or grievances pertaining to any matter involving interpretation or application of this agreement. Employees shall have the right to present complaints and grievances to the immediate supervisor/manager either personally or through the designated Union steward. Where employees choose to file a grievance personally, the Union will be notified and will have the opportunity, at its sole discretion, to attend each of the three meetings called for the purpose of discussing and adjusting the grievance. Any such adjustment must be consistent with the terms of this Agreement. The parties commit to a good faith effort to resolve complaints informally before invocation of the grievance procedure.

8.2 All grievances shall be presented in writing using the Grievance Form, appearing below, as soon as practicable after the occurrence of the event on which it is based, but in no event later than ten (10) working days if it is a dismissal grievance, or if the grievance arises from any other cause, no later than twenty (20) working days from the date the Union knew or reasonably should have known of the events giving rise to the grievance.

The Arbitrator may consider the timeliness of non-termination grievances filed after the twentieth day and before the thirtieth day and may continue the matter where there is a justifiable excuse for the untimeliness. The failure to submit a grievance within a period of 30 days shall constitute an absolute bar to further action.

FOMSS

EMPLOYEE GRIEVANCE

NO. (No. must be obtained from Labor Relations Office by Supervisor)

Name of Complainant

Employee # Department Shift

Statement –Step 1

Facts and Circumstances supporting Grievance (use separate sheet if necessary)

Action Requested

Specific Article and Section agreement involved Date Filed

Should be answered by immediate supervisor Supervisor Name Date Received

Supervisor’s Answer (use separate sheet if necessary).

Supervisor (signature) Department Date

Steward/Designee (signature)

Accepted To Designee

Date

Step 2 Steward (signature) Date Filed

Supervisor Name Date Received

Next Level Supervisor’s Answer (use separate sheet if necessary)

Next Level Supervisor (signature)

Department Date of Response

Steward/Designee (signature)

Accepted To Committeeman

Date

Step 3 Designee (signature) Date Filed

Labor Relations Representative Date Received

Labor Relations Answer (use separate sheet if necessary).

Labor Relations Representative (signature) Date of Response

Union’s Business Representative (signature)

Accepted Appealed Date

8.3 Time limits for grievances at any step, or for any response, may be extended by mutual agreement between the Union and the Company’s HR/Labor Relations Manager. If it is determined under the grievance procedure, including arbitration, that any adjustment in wages is appropriate, such adjustment shall be based upon existing wage rates and shall be applied retroactively to the date of the occurrence, at the discretion of the arbitrator, provided that such date is not more than twenty (20) working days prior to the date upon which the grievance was presented.

8.4 Grievances shall be processed as follows:

The Union steward, or designee, shall reduce the grievance to writing on a form developed mutually by the Company and the Union and submit it to the appropriate supervisor/manager. A copy must be forwarded to URS HR/Labor Relations. The written grievance must specify (1) the facts upon which the grievance is based; (2) the section or sections of the agreement claimed to have been violated; and (3) the resolution requested.

Step 1: BETWEEN THE SUPERVISOR AND THE STEWARD. The first step meeting shall be held within ten (10) workdays from the date the grievance is filed with the Company. The supervisor shall give the steward his written reply to the grievance within five (5) workdays after the meeting. If the reply is unsatisfactory, the steward, or designee, may appeal the decision to Step 2, provided such appeal is made in writing within ten (10) work days after receipt of supervisor’s reply. Any final resolution reached with respect to any grievance at Step 1 shall only apply to that grievance and shall not become a precedent binding on other grievances in the future.

Step 2: BETWEEN THE NEXT LEVEL OF SUPERVISION/MANAGEMENT AND THE DESIGNATED UNION REPRESENTATIVE. A Step 2 meeting shall be held within ten

(10) work days after the Union files the written notice of appeal. The written decision at Step 2 shall be presented to the Union within ten (10) work days after the meeting. If this reply is unsatisfactory, the grievance may be appealed to Step 3, provided such appeal is made in writing within five (5) work days following receipt of the second step reply.

Step 3: BETWEEN THE EMPLOYER’S SENIOR SITE MANAGER, OR IN THE

ABSENCE OF A THIRD MANAGEMENT LEVEL, THE RESPECTIVE HR/LABOR

RELATIONS MANAGER OR HIS DESIGNEE(S) AND THE UNION’S BUSINESS

REPRESENTATIVE OR DESIGNEE. A meeting at Step 3 shall be held within fifteen (15) work days after receipt by the Company of the written notice of appeal. The Management Representative shall make a reply in writing not later than ten (10) work days after meeting with Union’s business representative or his designee. The Step 3 decision shall be final and binding on all parties concerned unless the Union informs the Company in writing within thirty (30) calendar days from the date of such final Company decision, that it desires to submit the matter to arbitration.

8.5 In certain circumstances, the Union may wish to file a grievance against the Company and the Company may wish to file against the Union. In either case, the process shall begin at Step 3 and may be initiated only by the HR/Labor Relations Manager or his subcontractor counterpart or the Union Business Representative or their designees. Such grievances shall be limited to issues dealing with the unit-wide interpretation or application of the agreement or to a class-wide complaint. Such grievances shall be submitted in writing and shall contain the elements set forth for individual grievances in Article 8.

ARTICLE 9

ARBITRATION

9.1 Any grievance which has not been finally settled or disposed of in accordance with the steps for the grievance procedure may be submitted to arbitration by filing a timely demand with the respective HR/Labor Relations Manager. The parties will confer promptly upon receipt of the demand to commence the process.

9.2 The parties shall promptly endeavor to select an arbitrator by mutual agreement within fifteen (15) working days of commencement. If they are unsuccessful within the time allotted, either party may request that the Federal Mediation Conciliation Service (FMCS) provide a panel of nine arbitrators from which the designated arbitrator shall be chosen either by mutual agreement or, failing that, by the alternate strike method. Each party shall bear its own costs in the arbitrator selection process. Selection must be made within fifteen (15) working days following receipt of the FMCS list by the parties.

9.3 Arbitration proceedings shall be conducted pursuant to the Rules and Regulations of the

Federal Mediation Conciliation Service. The arbitrator may consider only the particular issue or issues presented to him in writing by the Union and the Company. The authority of the arbitrator is strictly limited to the interpretation or application of the existing terms of this agreement and any appended Union Schedule Agreement. All other matters are expressly excluded from arbitration unless mutually presented to the arbitrator. The submission to the arbitrator shall be limited to one grievance unless otherwise agreed by the Company and the Union. The arbitrator shall have no power to add to, subtract from or modify any of the terms of this Agreement. Except for resolving disputes pertaining to wage rates for new classifications, as set forth in Article 21, the arbitrator shall have no power to establish wage rates, job classifications, fringe benefits of any kind or any other economic or working conditions.

9.4 The decision of the arbitrator shall be in writing and the arbitrator shall endeavor to render the decision within thirty (30) days after the conclusion of the hearing and the parties’ submission of the record. The decision of the arbitrator, when so made, shall be final and binding on all parties provided it complies with the terms of federal and state law.

9.5 The cost and expenses of the arbitrator shall be born equally by the parties. The Union assumes the responsibility for paying employees, who are called by the Union or an employee to participate in an arbitration hearing, for the time spent testifying or awaiting testimony. Time spent by the grievant in other than termination cases, or time spent participating in the arbitration hearing awaiting testimony at the request of the Company, shall be treated as time worked.

ARTICLE 10

DISCIPLINE AND DISCHARGE

10.1 The parties agree that the Company has the right to discipline or discharge an employee, for just cause. Any employee who has been terminated or suspended shall have the right to expedite the filing of a grievance as set forth in Section 8.2 of the grievance procedure.

Except as otherwise provided in this agreement, all other employee grievances shall be processed consistent with the contractual grievance procedure.

10.2 The Union shall be notified of all grievance meetings to be held with respect to employee discipline and shall have the right to participate in any such hearing. It is understood that an employee subjected to disciplinary action will be entitled, upon his request, to representation by a designated Union representative.

10.3 An employee subjected to lost time discipline (suspension or termination) shall be furnished with a statement in writing setting forth the conduct or circumstances upon which such action is based.

10.4 The provisions of this Article do not apply to any employee still in the probationary period.

10.5 All letters regarding an employee’s discipline (warning or suspension) will cease to have effect, for progressive disciplinary purposes, after a period of one (1) year from date of issuance, provided that there has been no related repetition of such conduct or circumstances during the applicable one year period except that records relating to vehicular accidents in government vehicles or equipment or in a work status shall have an effective period of two (2) years.

ARTICLE 11

SAFETY AND HEALTH

11.1 The Company recognizes its responsibility to provide a safe and healthful working environment for employees. The Union also recognizes its responsibility to cooperate with the Company in maintaining and improving a safe and healthful working environment. The parties agree to confer and use their best efforts to achieve these objectives through such joint initiatives as VPP. Both parties agree that reasonable safety rules of the Company, which are not inconsistent with Federal or state law, shall be complied with by all employees. The Company and the Union will mutually agree on Safety Representatives and their roles and responsibilities. Union Safety Representatives will immediately notify management and/or FOMSS Safety on all issues and concerns relating to the safety and health of employees. Union Safety Representatives will also be directly involved in the review of all safety and health procedures and policies and offer input.

11.2 In the interest of continued safety of individuals and their fellow employees, any applicant for employment or any employee may be required through Government (NASA) regulations or by the Company to undergo a medical examination by a doctor of the Government’s (NASA) or the Company’s selection. If the diagnosis or examination results furnished by the Company doctor are not satisfactory to the employee, he may obtain an opinion from his own doctor. If a disagreement still exists, an additional doctor, mutually agreed upon by the Company and the Union, will be acquired for his analysis. If the mutually agreed upon doctor’s diagnosis agrees with the employee’s doctor, the Company shall only pay for the services of the mutually agreed upon doctor. The cost incurred for services of all other non-company physicians shall be the sole responsibility of the employee who gave rise to the dispute.

11.3 The Company will furnish proper and modern mandatory safety and sanitary devices for all employees. In areas where the Company determines that safety shoes or safety glasses are required, the Company will provide or pay the cost up to a maximum of one hundred and seventy-five dollars ($175.00) for safety shoes and two hundred fifty dollars ($250.00) for prescription safety glasses each calendar year. Any amount in excess of $175.00 for safety shoes and $250.00 for safety glasses shall be the responsibility of the employee. Shoes and prescription safety glasses purchased from an outside vendor must be approved as ANSI Z87.1 or ASTM F2413 certified. It shall be mandatory for all employees to use such safety devices and/or safety shoes that are designated by the Company as necessary. If an employee’s safety shoes are damaged/destroyed through no fault of his own, an additional pair may be approved by the employee’s supervisor.

11.4 Employees taken ill or injured on the job will be assisted to receive appropriate medical attention. If such medical attention is rendered during regular working hours, the time spent during that work day shall be treated as time worked.

11.5 In accordance with the Drug-Free Workplace Act of 1988, the Civil Space Employees

Drug Testing Act, and the other Federal regulations, the Company and the Union agree to exercise their best efforts to provide a workplace that is free from the illegal use, possession, or distribution of drugs or other controlled substances or the misuse of prescription drugs, and that is free from the influence of alcohol. To reinforce this effort, the Company and the Union agree to implement the established random drug screening program attached to this agreement.

ARTICLE 12

GOVERNMENT SECURITY

12.1 The Union acknowledges that the Company has certain security obligations in its contracts with NASA and the Department of Defense and that industrial and governmental security is vital to the FOMSS program. The Union agrees that in the event that representatives of the appropriate governmental agency concerned with security, advise or have advised the Company, in writing, that any employee in the bargaining unit covered by this agreement is denied work on or access to classified information, material, restricted areas or an employment related clearance, that such employee shall be immediately removed from that position. The employer shall endeavor to locate an alternative position consistent with the security restriction, provided that if no such position is available, the employee may be released for just cause.

12.1.1 For purposes of this Section, employees who are permitted access with an authorized escort, shall not be removed provided there are personnel available to serve as escort without additional time requirements and within the scope of the employee’s regular job duties.

12.2 It is understood that there shall be no liability, financial or otherwise, on the part of the

Company for any suspension, change in status, or transfer growing out of a denial of work on or access to classified information, material or restricted areas for any unallowable expenses incurred by the Company as a result of Company compliance with Government Security directives. Lost work time because of a denial or withdrawal of security clearance by the appropriate governmental agency shall not be subject to the grievance and arbitration procedures, except for issues pertaining to the Company’s receipt of documentation from the Government or the Company’s efforts to locate alternate employment.

12.2.1 Nothing in this Agreement shall preclude the employee from pursuing any legal remedy he may have against any agency, organization, or person outside the

Company by virtue of any suspension, termination, or change in status under this Article.

12.3 The Company agrees that if the employee’s security clearance is reinstated within one year of withdrawal, the employee will be restored to his former position consistent with principles of seniority. Any such reinstated employee shall accrue uninterrupted seniority.

12.4 The Company, representatives of the Union having access to the premises, and all employees are required to comply with the applicable government security regulations on the FOMSS contract. The Company and the Union agree that security information will be revealed only to persons properly cleared and required to have the information by the government. If an employee has not been granted necessary security clearances in all work areas required to perform the employee’s job duties within one year from the date of employment, or the date of request, the employee may be released for just cause.

12.5 Any Security rules, regulations or directives imposed on the Company by the United

States Government, which apply to the FOMSS contract activities, shall be provided to the Union and apply with equal force and effect to the employees covered by this agreement.

ARTICLE 13

MISCELLANEOUS PROVISIONS

13.1 The Company will provide bulletin boards for the use of the Union at mutually agreed locations. Their use will be restricted to the following:

• Notices of Union recreational and social affairs

• Notices of Union elections and their results

• Notices of Union meeting

• Notices regarding Union business signed by the President or principal officer.

• Any other information which is mutually agreed to by the Labor Relations Manager or his designee and the Union representative.

13.2 Any inventions or other intellectual property developed during the course of an employee’s duties on the FOMSS contract or otherwise relating to work performed on FOMSS shall be owned by the Company or the appropriate governmental agency.

13.3 The Union agrees to report to the Company when it has knowledge of any threats or acts of sabotage or damage to, or the unauthorized or unlawful taking of, Company, government, or other employee property. The Union further agrees, if such acts occur, to use its best efforts in assisting to identify the person or persons responsible and to cooperate with the Company or government investigation.

13.4 Lead Employees: On occasion, Management may determine that it is necessary to delegate Lead responsibilities to the employees under his direction. Employees so selected shall be expected to:

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

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

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

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

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

13.5 Limited Duty: The Company may provide limited duty assignments to employees with a disability subject to job/position availability. Such assignments shall be for an initial duration of up to ninety (90) days but may be extended by mutual agreement between the Company and the Union. Such assignments must be within the scope of the employee’s job qualifications and medical limitations. Employees on limited duty will receive full benefits while on active pay status but will earn personal leave credits only if they work at least 50% during each calendar month. If the limitations do not impact his normal job duties required for overtime, he will be eligible for overtime.

13.6 All employees shall have access to and the right to inspect his/her personnel record in the presence of a Company representative during normal business hours. An employee will not be entitled to remove or photocopy any portion of the personnel file, except for the employee’s own application and résumé.

13.7 Travel Reimbursement:

Travel reimbursement will be in accordance with established Company Policy.

13.8 Contributions to Machinists’ Nonpartisan Political League: Upon receipt by the

Company of a signed voluntary authorization by an employee, on a form approved by the Company, requesting that there be deduction made from his wages, in a monthly amount designated by the employee, such deductions to be forwarded to the Union for use by the Machinists’ Nonpartisan Political League, the Company will therefore, make such deductions and forward them to the Machinists’ Nonpartisan Political League, in care of the Union. Such authorization will remain in effect for the duration of this Agreement, unless earlier canceled in writing by the employee.

13.9 Training: The Company shall make a reasonable effort to conduct ongoing training within each classification. Such training shall normally be given on the basis of seniority within the affected job classification and may include training in specialized job functions to assure continuity of operations. Supervision can also make training assignments based off skill sets and job assignments. Training assignments may not deprive any regularly assigned employee of a work or overtime opportunity without agreement with the

Union. Training costs will be paid by the Company.

The Union shall have the right to confer with the Company on matters pertaining to training. A training committee composed of up to three (3) employees appointed by the Union and a like number appointed by the Company (in area affected) shall meet as requested to discuss training issues.

ARTICLE 14

WORK WEEK, HOURS OF WORK, WORK SHIFTS

14.1 The Company agrees that consistent with meeting the requirement of the FOMSS contract, every reasonable effort will be made to arrange work schedules so that a maximum number of employees will be assigned to shifts Monday through Friday. Each employee shall have two (2) consecutive scheduled days off in each workweek. The Company shall have the right to assign employees to a non-regular workweek when necessary. This Agreement shall not be construed as guaranteeing any employee a specific number of hours of work per day or per week. The Company shall not be limited to any exercise of its right to require an employee to work overtime.

14.2 Normal Workweek: The normal workweek for employees covered by this Agreement shall consist of not less than forty (40) hours in five (5) consecutive days. Each work day shall consist of eight (8) consecutive hours, exclusive of meal times. Once an employee’s workweek is established, it will remain fixed but may be changed for valid business reasons with a minimum of five (5) days prior notice.

14.3 Absent mutual agreement, odd workweeks will be scheduled consistent with the parties’ current scheduling matrix and employees will not be scheduled back to back to require more than five (5) consecutive days of work. Employees shall not be required to suspend work during regularly scheduled hours to avoid overtime.

14.4 Payroll Workweek: The payroll workweek for all employees shall begin at 12:00 midnight

Friday and end at 12:00 midnight the following Friday (i.e., seven (7) consecutive calendar days, Saturday through Friday, inclusive).

14.5 Regular Shifts: Each employee shall be assigned to a shift with designated times of beginning and ending. The designated time for beginning each shift shall be a period of time within the following schedule:

First shift shall commence between 5:30 a.m. and 8:30 a.m.

Second shift shall commence between 2:00 p.m. and 5:00 p.m.

Third shift shall commence between 10:00 p.m. and 1:00 a.m. the following day.

Non-regular work week shall be considered a shift and shall comply with regular shift time schedules.

14.6 For first and second shifts, the unpaid meal periods shall be within the time frame of three and one half (3 ½) hours after each shift begins and three (3) hours before the end of the shift. For third shift, the paid meal period shall be within the timeframe of three (3) hours after the start of the shift and two (2) hours before the end of the shift. Meal periods may be changed by mutual agreement. Rest periods will be designated by the Company before and after the scheduled meal period on each shift.

14.6.1 Employees in designated work locations, at the discretion of management and with the concurrence of the Union and the Manager of Labor Relations, will be allowed to combine their lunch and rest periods for the purpose of extending their lunch period to a time frame not to exceed fifty (50) minutes. In the event an employee is required to work through lunch, he shall only be paid for a thirty (30) minute period of time. It is further understood that in consideration of this combination of time, employees will not take or be given additional rest periods.

14.7 Any employee assigned to work on a non-regular workweek (other than Monday through

Friday) shall have a premium of one dollar ($1.00) per hour added to his base rate and made a part thereof while so assigned. In scheduling a non-regular workweek, the Company will first attempt to meet its non-regular workweek assignments on a voluntary basis among the employees regularly performing the work. The most senior qualified volunteer will be given preference from among the volunteers. In the event there are insufficient volunteers to meet the requirement, the supervisor may designate and require the necessary number of employees to work the non-regular workweek in inverse order of seniority, among the qualified workforce.

14.7.1 The maximum number of employees assigned to a non-regular workweek shall not exceed thirty-three percent (33%) of the respective bargaining unit, without Union agreement. If additional employees are needed to meet operational requirements, then the Company shall inform the Union and the parties will meet promptly to discuss the reasons for increasing the percentage. The Union agrees that such approval will not be unreasonably withheld.

14.7.2 If an employee volunteers to switch to/from an odd work week, the “two consecutive day off” provision in section 14.1 shall not apply.

14.8 Any employee who reports for work during a base closure shall receive a special pay differential of fifteen dollars ($15.00) per hour in addition to any other pay entitlement they may have for such an assignment.

ARTICLE 15

LEAVES OF ABSENCE

15.1 Application for Leaves of Absence: No application for leave of absence will be considered unless it is applied for in writing on forms provided for that purpose.

Whenever practicable, all leaves except Death in the Immediate Family, should be requested one (1) week prior to leave or as soon as the Employee has notice of the need for leave. The request form will specify the type of leave and the dates of start and return from leave, and will be signed by the employee or someone acting on his behalf. The Company’s response to the leave application will be provided in writing.

15.2 Leaves of absence shall be granted at the discretion of the Company except for those categories of leave mandated in this Agreement or as required by law. The Company reserves the right to investigate and request from the employee, documentary proof of the conditions verifying the basis for the leave.

15.2.1 Eligibility for Leave of Absence: Employees who have completed ninety (90) days of satisfactory service are considered eligible for consideration for leaves of absence as hereinafter defined.

15.3 Leave of Absence: Except as described below, a leave of absence is time off without pay for an amount of time appropriate to the circumstances. The leave may be with or without benefits, depending on the circumstances and applicable law. Employees on leave shall not accrue time off benefits (i.e., personal leave) while on leave. Any renewal in approved leave must be by mutual written agreement.

15.3.1 Any employee on a leave of absence for thirty (30) days or more shall not later than two (2) weeks prior to his scheduled date of return, confirm to the Manager of Human Resources the date of his intended return to active employment. Any request to change the scheduled date of return or intention to resign should be reported as soon as known. Employees returning from a leave of absence shall be restored to the job last held, provided the employee has seniority to hold that position. Employees who are not able to return to the same position under this paragraph shall be entitled to exercise seniority rights as specified in the applicable Schedule Agreement.

15.3.2 Those employees returning from a medical leave of absence will furnish a signed letter from his personal physician attesting to physical fitness for resumption of employment, if requested by Human Resources, and will make arrangements through Human Resources to be examined by the Company physician before returning to work.

15.3.3 Any employee returning from a medical leave of absence who is unable to perform the job last held due to medical limitations may be considered for any available positions that he is qualified to perform or for limited duty as specified in Article 13.5.

15.4 Employees on leaves of absence will be terminated if they have:

15.4.1 Failed to furnish a true statement of the reasons for leave.

15.4.2 Accepted other employment while on leave, without the approval of management.

15.4.3 Failed to return to work at the expiration of leave.

15.5 Types of Leave of Absence

15.5.1 Medical Leave of Absence

Time off, without pay will be provided for documented sickness or injury to the employee or family member which renders an employee unable to perform work.

Said period shall not exceed one (1) year, but may be extended month by month for up to an additional twelve (12) months, subject to the requirements of the FOMSS contract, provided the employee’s unrestricted return to duty is reasonably foreseeable within the period of extension. During Family Medical Leave, personal leave and/or sick leave (in accordance with Article 16) may be used at the employee’s discretion.

15.5.2 Military Leave of Absence

Time off for active duty while in the Armed Forces: the leave of absence form will be made out for the duration, which will agree exactly with the period of enlistment on the…