Attachment 4b - Local 186 Executed CBA.pdf
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- Attached to
- ATC Test Support Services Federal contract opportunity
- Solicitation number
- W91CRB-21-R-0016
About this file
This collective bargaining agreement outlines the terms of employment for bargaining unit employees working on an Army contract for test support services. Key details include a three-year term from 2019 to 2022, annual wage increases of 3%, health and welfare benefits with the company contributing 25% of single coverage costs starting in 2020, and a personal leave plan providing 140 to 220 hours of paid time off depending on tenure. The agreement also establishes policies and procedures regarding seniority, overtime, holidays, leaves of absence, grievances, no strikes or lockouts, and other standard collective bargaining topics.
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Text version
COLLECTIVE BARGAINING
AGREEMENT
by and between
JACOBS TECHNOLOGY NC.
and
DISTRICT LODGE 4, Local 186
INTERNATIONAL ASSOCIATION OF MACHINIST
AND AEROSPACE WORKERS, AFL-CIO
Term ofAgreement
February 01, 2019 to
January 31, 2022
Table of Contents
AGREEMENT
ARTICLE 1 -UNIONRECOGNITION
ARTICLE IT -DURATION
Section lEffective Dates Secticn 2. &xcessicr andAssis
ARTICLEIII -NON-DISCRIMINATION AND COERCION
ARTICLE IV - UNION MEMBERSHIP ...........................¯
Section 1.Members Section 2. Membership Requirements Section 3. Dues Check-Off Section 4. Company Deductions Section 5. Dues Deduction Liability Section 6. Machinists Non-Partisan Political League (MNPL) Section 7. 1AM National Pension Fund
ARTICLE V -SHOP COMMITTEE AND STEWARDS ..................¯ .................. ¯¯.¯..¯.¯¯ Section l.Activities Section 2. Assignments Section 3.Notification Section 4. Reimbursement Section 5.Representative Visitation Section 6. Representative Regulations Section 7. Steward Activities
ARTICLE VI -MANAGEMENTRIGHTS
ARTICLE VII "SENIORITY .................¯...¯..¯..¯¯. ..................¯
Section 1. Seniority Section 2. Probation Period Section 3 .Job Vacancies Section 4. Reduction in Force Section 5. Recall .............................................................................................................................. JO Section 6. Loss of Seniority Section 7. Military Service Section 8. Seniority List
ARTICLE VIII- HOURS OF WORK AND OVERTIME ..........................-
Section 1.Hours of Work - Hours ofNormal Operation Section 2. Overtime
ARTICLE IX - JOB CLASSIFICATIONS AND HOURLY WAGE RATES ...¯¯
ARTICLE X - HOLIDAYS, VACATIONS AND LEAVES OF ABSENCE ..¯..¯
Section 1.Holidays Section 2. Personal Leave Plan (PLP) Section 3. Leave of Absence (LOA) Section 4. Bereavement -Death in the Immediate Family Section 5. Jury Duty
ARTICLEXI-HEALTHANDWELFAREBENEFITS
Section 1.Health & Welfare (H&W) Fringe Rate Section 2. Medical Coverage Company Contribution Section 3.401(k) Savings Plan Section 4. Custom Choice Worksite Benefits Program
ARTICLE XII - GRIEVANCE AND ARBITRATION PROCEDURE
Section 1. General . 16 Section 2. Employee's Responsibility Section 3. Definition and Limitation Section 4. Grievance Procedure Section 5. Grievance Procedure Arbitration Section 6. Company Initiated Grievance Section 7. Union Initiated Grievance
ARTICLE XIII -NO LOCKOUT/NO STRIKE
Section 1.No Lockouts Section 2. No Strikes
ARTICLE XIV - SAFETY AND HEALTH
Section 1. Safety Program Section 2. Union Safety Representative Section 3.Injuries Section 4. Protective Equipment and Devices
ARTICLE XV - BULLETIN BOARDS
ARTICLE XVI- DRUG AND ALCOHOL POLICY ..........................¯..¯
ARTICLE XVII - POLYGRAPH POLICY ............................. ...............¯¯¯.¯ ARTICLE XVIII -ALTERATION OF AGREEMENT .... ..........¯¯ ......................¯.¯..¯¯¯
Section LAlterations Section 2. Waivers
ARTICLEXIV-SAVINGSCLAUSE ................................. ¯............ ¯ .............................¯..¯
SIGNATURE PAGE ......................................... ................. ..........¯..¯ .......................¯¯¯.¯-....- APPENDIX A - Salary, Shift Differential Pay and PensionTable ¯.¯
AGREEMENT
This Agreement is made and entered into as of February 01, 2019 by and between Jacobs Technology Inc., hereinafter referred to as the "Company" and International Association of Machinist and Aerospace Workers, AFL-CIO, District Lodge 4, Local Lodge 186, hereinafter called the 'Union." The terms or conditions or covenants contained herein represent the complete agreement between the Company and the Union and replaces all other agreements and practices.
ARTICLE I - UNION RECOGNITION
The Company recognizes the Union as the exclusive bargaining representative for regular full-time and regular part-time employees on contract W9 I CRB-1 5-D-0O 18 at Aberdeen Proving Ground, Maryland and employed in job classifications certified by NLRB for wage rates as set forth in Appendix A of this document providing operation and maintenance of environmental chambers/facilities referred to as the "Simulated Environments Team" (SET) and the "Automotive Environmental Team" (AET), and work scope assigned to the AlT & EMI classifications as noted in Appendix A.
During the term of this Agreement should the Company be awarded new scope of work on this contract which includes bargaining unit employees, such bargaining unit employees shall be covered by the wages and benefits in the prevailing wage determination upon which the Company bid the new scope for the contract, until this Agreement is re-negotiated.
ARTICLE 11-DURATION
Section 1. Effective Dates This Agreement shall be effective February 01, 2019 and shall stay in full force and effect until midnight January 31, 2022, and thereafter shall continue from year to year unless either party gives written notice in writing of its desire to negotiate a new agreement at least sixty (60) days prior to the date ofexpiration ofthis Agreement or any renewal thereof.
Section 2. Successor and Assigns This Agreement shall be binding upon any successor contractors for all the work being performed by the Company which includes bargaining unit work at Aberdeen Proving Ground along with any other locations that bargaining unit work is being performed under this contract with the Company.
The Company further agrees that it shall not subcontract work currently being performed by the employees covered by this Agreement to any other employer, unless that employer is providing wages and benefits which are at least equal to those contained in this Agreement.
ARTICLE III- NON-DISCRIMINATION AND COERCION
Neither the Company nor any of its Supervisors or other agents or representatives shall discriminate against any employee because such employee is a member, Steward, Officer, or other agent or representative ofthe Union.
Neither the Union nor any representative shall intimidate or coerce any employee, .nor solicit members or funds in the work areas during working hours nor conduct other Union activity during working hours, except as provided for by this Agreement and specifically for reasonable access for new member orientation, sign up and access associated with the grievance process. Similarly, the Company shall refrain from any intimidation or coercion of its employees covered by this Agreement.
The Company and the Union agree that to the extent prohibited by applicable law, the provisions of this Agreement shall not be used, applied or interpreted to be discriminatory against any employee on account of race, color, sex, creed, age, national origin, gender, marital status, political or religious affiliations or beliefs and any other applicable federal or state regulations as may become effective during the term of this Agreement. Neither the Company nor the Union shall discriminate against any employee because of physical or mental handicap or because he or she is a disabled veteran or veteran of the Vietnam era in regard to any position for which the employee is qualified. The Company and the Union agree that there will be no discrimination against any employee for any reason for activity either for or against the Union, to the extent protected by applicable law. The Company and Union agree to comply with all applicable provisions ofthe Americans With Disabilities Act.
ARTICLE IV- UNION MEMBERSHIP
Section 1. Members All present employees in the bargaining unit shall become members of the Union within thirty (30) days after the effective date of this Agreement. Those employees who are members of the Union in good standing on the effective date of this Agreement shall remain members in good standing. All new employees shall become members of the Union within thirty-one (31) days following their date ofhire.
Section 2. Membership Requirements Employees shall maintain Union membership status in good standing. An employee shall be considered to be in good standing within the provisions of this section if he or she tenders the Union's periodic dues and the initiation fees uniformly required as a condition of acquiring and retaining membership in the Union. The Union will notify each new employee of the existence of this contract and the requirement that all new employees within the bargaining unit must, upon completion of thirty-one (31) days following their date of hire with the Employer, become members of the Union in good standing. The Employer further agrees to discharge any employee who fails to comply with the Union's security provision within five (5) days of receipt of a written request to that effect from the Union. The Union agrees to release and hold the Company harmless from any and all claims brought against it as a result ofthe termination of an employee at the Union's request pursuant to this Article.
Section 3. Dues Check-Off During the life of this Agreement pursuant to the terms of the form of Authorization of Check-Off of Dues provided to the Company by the Union, the Company agrees to deduct Union fees and dues allowed hereunder and any additional fees or dues authorized by the employee from the pay of each employee who executes or has executed an "Authorization for Check-Off of Dues" furnished by the Union. The collection of Union fees and dues is subordinate to all other collections and deductions (i.e., taxes, garnishment, court ordered deductions, etc.).
Section 4. Company Deductions The Company will deduct current fees and dues pursuant to the authorization for 26 equal payments annually. Deductions provided in Section 1 shall be remitted, with the roster of employees with deductions to the Financial Secretary of the Union, no later than the tenth (10th) day of the month following the month in which the deduction was made and shall include all deductions made in the previous month. Employees' Union payments are subordinated to all other required (federal, state, court-ordered, medical, dental, pension) deductions. If sufficient money is not available, the Company is not responsible for the collection and submission of that employee's payment to the Union. In this case, the Union will collect its dues directly from the individual concerned.
Section 5. Dues Deduction Liability The Company assumes no liability concerning the deduction, allocation and distribution of fees and dues and the Union hereby agrees to and shall indemnify and hold the Company harmless against and from any and all claims, demands, suits or other forms of liability or expenses in connection therewith whatsoever that may arise out of or by reason of any action taken by the Company in complying with the provisions in this Article.
Section 6. Machinists Non-Partisan Political League (MNPL) The Company will deduct MNPL contributions pursuant to the employee-authorized amount for each month with equal deductions from the pay of employees for the first two paychecks in each calendar month. Deductions shall be remitted with the roster of employees and amount of employee contribution to the Financial Secretary of the Union no later than the tenth (10th) day of the month.
following the month in which the deduction was made and shall include all deductions made in the previous month. Employees' MNPL contributions are subordinated to all other required (federal, state, court-ordered, medical, dental, pension) deductions.
Section 7. 1AM National Pension Fund
7.1 The Company will deduct Pension Fund contributions pursuant to the authorized amount in
Appendix B - Pension Deduction per Hour Table for each hour or portion thereof for which employees in all job classifications covered by this Agreement are entitled to receive pay under this Agreement. The Company will deduct the contributable amount each pay period from Health and Welfare Fringe at an hourly rate of contribution as given in the Pension Deduction per Hour Table" for Labor Categories represented by this CBA. Deductions shall be remitted with the roster of employees and amount of employee contribution to the JAM National Pension Fund no later than the tenth (10") day of the month following the month in which the deduction was made and shall include deductions made in the previous month. Deviations to the remittance date may be deemed necessary based on the instructions supplied by the JAM National Pension Fund for the remittance method chosen by the Company. Employees' Pension Fund contributions are subordinated to tax deductions and all other Company deductions (e.g., Medical, Dental, Vision). Contributions are excluded for part-time employees if they receive pay for less than 1,000 in the twelve months after date of hire or in any calendar year thereafter.
Once an employee completes 1,000 hours criteria, contributions shall commence and contributions shall continue for the employee in subsequent years regardless of the number of hours paid to the employee for as long as the employee in entitled to receive pay from the employer.
7.2 The hourly rate contributed shall not exceed a maximum of forty (40) hours per work week.
7.3 The Company shall continue contributions based on a forty (40) hour work week while an employee is off work due to paid leave or paid holidays.
7.4 The Company shall also make contributions whenever an employee receives vacation pay at termination, or vacation pay in lieu of time off.
7.5 Contributions for a new, probationary, part-time and full-time employee are payable from the first day ofemployment.
7.6 The JAM Lodge and the Company adopt and agree to be bound by, and hereby assent to the Trust Agreement, dated May 1, 1960, as amended, creating the lAM National Pension Fund and the Plan rules adopted by the Trustees of the JAM National Pension Fund in establishing and administering the foregoing Plan pursuant to the said Trust Agreement, as currently in effect and as the Trust and Plan may be amended from time to time.
7.7 The parties acknowledge that the Trustees of the JAM National Pension Fund may terminate the participation of the employees in the Plan if the successor collective bargaining agreement fails to renew the provisions of this pension Article or reduces the Contribution Rate. The parties may increase the Contribution Rate and/or add job classifications or categories of hours for which contributions are payable.
7.8 This Article contains the entire agreement between the parties regarding pensions and retirement under this Plan and any contrary provisions in this Agreement shall be void. No oral or written modification of this Agreement shall be binding upon the Trustees of the lAM National Pension Fund. No grievance procedure, settlement, or arbitration decision with respect to the obligation to contribute shall be binding upon the Trustees of the said Pension Fund.
ARTICLE V- SHOP COMMITTEE AND STEWARDS
Section 1. Activities Upon execution of this Agreement, the Union shall promptly furnish the Labor Relations Manager, in writing, the names of the Shop Stewards. Thereafter, the Union shall promptly advise the Labor Relations Manager, in writing, of any change in Stewards. No Steward will be recognized as such by the Company prior to receipt ofwritten notice ofappointment.
The scope ofthe Steward's activities on the Company's time shall be limited to the following:
1.1 To consult with an employee regarding the presentation of a request or clarification concerning this Agreement or a grievance.
1.2 To investigate a grievance ofrecord before presentation to the appropriate Supervisor.
1.3 To present a request concerning the Agreement or grievance to an employee's immediate
Supervisor in an attempt to settle the matter for the employee or group of employees who may be similarly affected.
1.4 To meet by appointment with an appropriate Department Manager or other designated representative of the Company, when necessary, to adjust grievances in accordance with the grievanceprocedure ofthisAgreement.
1.5 Chief Steward (or designee) will be given 15 minutes at the conclusion of new hire orientation to addressnewUnion employees.
1.6 Each new bargaining unit employee shall be introduced to the Union Steward by the Supervisor in the activity to which such employee will be permanently assigned within five
(5) workdays.
Section 2. Assignments The number and locations ofStewards may be adjusted by mutual agreement to compensate for facility and population changes.
Section 3. Notification The Steward shall secure permission ofhis/her Supervisor orworking leaderbefore leaving his/herwork site and will report back to his/her Supervisor or working leader upon return to his/her work site. The
Company will not unreasonably deny or delay access to the Steward. Upon entering the work area of another Supervisor's responsibility, the Steward will contact the ATSS site lead before attempting to contact anyemployee. Permissionwillbegrantedunless operational activities areaffected.
Section 4. Reimbursement It is agreed that the Company shall not be required to pay an employee for any time that he/she is taken away from his/her work to serve the Union in any official capacity or to serve on any Union Committee, exceptasprovided intheAgreement.
Section 5. Representative Visitation The accredited full time representatives of the Union shall have access to areas of the ATSS work sites where employees in the bargaining unit are assigned, to the extent Government or customer regulations permit. Such visits shall be during normal duty hours to visit the Company's duly designated representative for the purposes of investigating grievances or other legitimate business concerning labor relations matters. Adequate provisions will be made for prompt access through the gate and for private conversations with Union members.
Section 6. Representative Regulations While on Company premises, such Union representatives shall be governed by all applicable security, safety, and site rules and regulations and shall be accompanied by either the Department Manager or the Company's representative.
Section 7. Steward Activities The Company will pay up to a maximum of twenty (20) hours in wages per week for time spent administering the collective bargaining agreement (CBA). It is understood that this time will be limited to activities outlined within Article V, Section 1 of the CBA. The Union Business Representative will identify a designee that may authorize utilization of time against this allocation.
Employees must obtain permission from both the designee and the Labor Relations Manager prior to utilizing time against this allocation. ltis further understood that time associated with Union business beyond the allocation oftwenty (20) hours shall not be the burden ofthe Company.
Union Activities Paid (UAP) will count toward time worked in the óomputation ofovertime.
ARTICLE VI- MANAGEMENT RIGHTS
The management of the business of the Company and the direction of its personnel, including, but not limited to, the rights, authorities and prerogatives of management such as the right to hire, evaluate, transfer, promote, demote, suspend, schedule, layoff, discipline or discharge employees, to make work assignments related to work and overtime, to administer training, to maintain discipline order and efficiency on the property, to establish, determine and enforce reasonable standards of production, to make and enforce reasonable work rules and to introduce new methods, material, equipment or facilities, or change or eliminate existing methods, materials, equipment or facilities are rights vested exclusively in the Company. Furthermore, it is understood that the Company rights of management are limited only insofar as the language of this Agreement and applicable laws expressly limits them. The Company agrees not to unilaterally change any provision of this Agreement. Copies of written work rules will be provided to the Union upon request. No employee shall be discharged, suspended or otherwise disciplined without cause as per Company policy.
ARTICLE VII- SENIORITY
Section 1. Seniority The Company shall compute overall seniority to be equivalent to the employeets total length of service on the ATSS contract and predecessor contract(s) in the performance of similar work on the same basis at the Aberdeen Proving Ground (APG). Classification seniority is understood to be seniority accumulated while assigned to a specific classification. Incases of new hire employees with the same starting seniority date, the employees will be listed alphabetically. It is further understood that in the case where employees share the same classification start date, application of a reduction in force will be applied based on the employees overall seniority.
Section 2. Probation Period An employee shall be on probation for his/her first sixty (60) days ofemployment, during which time:
2.1 The employee is subject to discharge and such discharge shall not be subject to the grievance or arbitration procedure specified in this agreement.
2.2 The seniority provisions ofthis agreement shall not be applicable to the employee.
2.3 Excused absences shall be added to calendar days of employment to extend the probationary period.
2.4 If an enployee conpletes his'her pobationaiy period without having obtained the necessary security or other cleatance or without having obtained the certification of licensure required for the position for 'thich the enployee as hired, and subsequently füls to obtain said clearance, certification or licensum, it shall be grounds for discharge and such discharge shall not be subject tothe grievance orathilrationprncedure.
In the event the Conçany feels an extension of the sixty (60) prnbationary period is required on an individual basis, the General Mnager or his/her designee l1 contact the Business Representative ofthe Local torecst an extension.
Section 3. Job Vacancies All vacancies for full-time, regular part-time, and full time job categories represented by this agreement will be posted by the Company as soon as practical and will remain on the bulletin board for five (5) working days. All employees considering themselves qualified to fill such vacancies who wish to apply for vacancies as listed above must submit a bid form to the Local HR representative during the time the announcement is posted. All vacancies for posted jobs shall be governed by qualifications (as defined by the Government contract and any relevant job requirements), physical fitness, experience, skill ability and efficiency, but if all are equal, the most senior person bidding on the job shall be awarded the vacant job. Any employee moved to a job that has been posted as a vacancy shall be on probation for that job for the thirty (30) days.
Employees that are on active recall status, and have the skill and qualifications for any job opening, will be considered as internal candidates to fill vacancies.
Section 4. Reduction in Force In the event of any reduction in force or layoff, employees will be laid off in reverse classification order of seniority within classification seniority. The following sequence will apply if applicable: 1) An employee who is laid off shall have the right to bump the less senior employee from a lower level position within the same chain ofclassification provided the employee meets all job requirements and is eligible and qualified to perform the available job. This provision shall only apply to the specific classification and/or sub-classification being affected by the Reduction in Force action. 2) An employee who is laid off shall have the right to bump a less senior employee in the most recent classification previously held based on the employee's overall seniority date provided the employee meets all job requirements, and is eligible and qualified to perform the available job. If the employee held more than one previous classification, they will bump back in the reverse order ofpositions held.
Any personnel laid-off will retain their right to return to work for a period of one (I) year. Any person that has exercised their bumping rights into a previously held classification shall retain their right to return to the position they were bumped out of for a period of three (3) years. Exception to this provision shall be made when the service provided to Aberdeen Test Center (ATC) on this contract will be affected by application of this seniority provision. Personnel assigned to active TDY shall not be subject to this seniority provision until they return from TDY assignment. it is the responsibility of the employee to notify the Company of current contact information during the layoff period. The Union will not hold the Company liable for returned, refused, or undeliverable written notification.
In the event that a new job classification is created (such as Light Armor Range Technician and Combat Vehicle Technician I-IV), the Company, during the initial hiring phase, will use the employee's overall seniority date as his/her classification seniority date. After the initial hiring phase is complete, all future hires will use the date entering the classification as the employee's classification seniority date.
All other provisions concerning seniority are addressed as per the CBA.
In the event a job classification is eliminated, which prevents an employee from bumping back into a previously held classification, the employee affected by the Reduction in Force shall have the right to bump a less senior employee from a lower graded general labor pool classification provided the employee meets alljob requirements and is eligible and qualified to perform thisjob classification.
The Chief Steward or designee will meet with the Company prior to any Reduction In Force (R.IF).
Employee files, seniority, and bumping rights will be evaluated prior to implementation ofthe RIF.
The Company will make every effort to give as much notice as possible to the Union and employees involved in a RIF.
Voluntary Layoffs (VRIF)
I - Consideration may be given to accept voluntary requests for layoff. If more than one (I) request is received within a classification, the more senior employee will receive first consideration. if the Company accepts the employeesT request, the voluntary layoff shall. spare an employee within their classification iflayoffs are scheduled for said classification.
2. Denial ofrequests to volunteer for layoffwill not be subject to the grievance procedure.
3. All normal layoffbenefits will apply.
4. When an employee is approved for a VRIF, all recall rights will apply as identified in Article VII
- Seniority, Section 5. Recall and Section 6. Loss ofSeniority.
Section 5. Recall Employees will be called back to work starting with the most senior person within the classification who is eligible and qualified to perform the availablejob to be filled.
In recall the Company shall mail a registered or certified notice of recall to the appropriate employee.
Recalled employees must respond within seventy-two (72) hours after receipt of notification, and must report for work within five (5) workdays, unless extended by the Company. fu an effort to bring back an employee in the most expeditious manner, the Company will also call the employee with the latest contact home and/or cell phone number. In addition, the Union agrees to assist in contacting the employee in an effort to expedite the procedure. If the employee is contacted by phone and declines the recall, the Human Resources Manager will contact the Union Business Representative to then contact the employee in the same manner to verify the employee's response. Once verified by the Business Representative, the Company will continue with the process ifnecessary.
Section 6. Loss of Seniority Seniority shall be lost by any employee who:
6.1 Resigns;
6.2 Is discharged forjust cause;
6.3 Does not report back to work from a layoff within five (5) working days after being notified to report for work. The Union Business Representative (or his/her designee) will be given a copy of the recall letter;
6.4 Is permanently laid-off for a period oftime greater than one (1)year;
6.5 Does not return to work for the first work shift at the end of an approved leave of absence; or
6.6 Retires.
Section 7. Military Service Where an employee returns :('rom duty (i.e., after being drafted or recalled) with the Armed Service of the United States Government, such employee's seniority will be maintained. While employees are serving on any Military Duty, there will be no loss of Seniority.
Section 8. Seniority List The Company will distribute to the Union Representative, at the beginning ofeach quarter, a seniority list of employees employed by the Company.
ARTICLE VIII- HOURS OF WORK AND OVERTIM1I
Section 1. Hours ofWork - Hours ofNormal Operation
1.1 ATC is currently operating under an alternative work schedule. The Company shall also work the alternative work schedule.
1.2 The work schedule is eight (8) workdays of nine (9) hours each, one (1) workday of eight (8) hours, and every other Friday off as depicted below:
M T W T F Weeki 9 9 9 9 4/4 Week2 9 9 9 9 off
1.3 The established workvek is 1101 hours Friday to 1 100hours the fo1lo'ing Friday.
1.4 The Government determines the hours and days of operation and the requirement for shifts. The Company shall set the hours of work, schedules and shifts consistent with the requirements of its contract with the government. Should the Company determine that it must change the current work schedule the Company shall provide the Union with notice of suchchange.
1.5 The Company will provide a reasonable amount of time for an employee to wash up prior to lunch and the end of the shift. The nature of the task assigned and location of task for the employee shall be considered in determining whether to grant the time and the period of time allowed.
Section 2. Overtime
2.1 The Company shall have the right to schedule employees to work overtime as needed.
2.2 Overtime shall be considered all time worked in excess of forty (40) hours in any workweek based upon the workweek which is set forth in Section I - Hours ofWork.
2.3 Pay for overtime hours shall be paid at the rate of one and one-half times the employee's regular hourly rate ofpay.
2.4 Overtime rates shall include any shift differential pay to which the employee is entitled.
2.5 If an enloyee is directed by the Conany to report to a designated location at a specified tin pior or subsequent to his/her regular shift hours such tin shall be id at the aiaterat
2.6 If overtin is officially cancelled after the ençloyee(s) has been called back to wik after conpieting his/her nom-ni shift, reasonable effort ll be imde to inform the enployee(s) of the cancellation before the enployee(s) reports. If this effort is unsuccessful and the ençiloyee(s) itpoIts, the Conpany imy, at their discretion, substitute other oik ifpcsib1e. If other wxk is not, or cannot, be substituted, the enployee(s) shall be deened to have wiiced tw (2) houn and'v'ill bepaid atthe ap *iate rate, even ifthe errployee(s) didnot wakthetw3 (2)honrs.
2.7 Holidays recognized by this CBA will be considered as hours worked in the computation of overtime.
ARTICLE IX -JOB CLASSIFICATIONS AND HOURLY WAGE RATES
A list of job classifications is set forth in Appendix A and includes the hourly rate for those classifications. The Company agrees to provide the Union with copies of any job descriptions and with any changes, which may be made from time to time. If the Company establishes a new job classification it shall provide the Union with a job description for that position and a proposed hourly rate.
I fthe Union does not agree with the proposed rate, the Company agrees to bargain with the Union.
The Company will pay either Hazard Pay rate (4% or 8%) for those jobs described by APG Regulation that qualify for the hazard pay when approved by the Contracting Officer Representative (COR) in accordance with ATC directive for Contractor Hazard Duty Pay with the exception of those classifications identified in Appendix A with an "*" which have Hazard Pay included in their rate.
In the event an employee is fully qualified and is temporarily assigned to work outside of their regular classification by his/her Supervisor or Manager for which the rate of pay is higher than the pay received by the employee in his/her regular classification, he/she shall receive the higher rate ofpay. The higher rate of pay will only be paid for the hours actually performing work of the higher classification. In the event an employee is assigned work temporarily in a classification lower than his/her regular classification, he/she shall receive his/her regular rate ofpay.
II
When the contract requires the Company to provide temporary support in a classification with multiple levels, the Company will consider this to be a temporary promotion and will post these positions using the Job Vacancies provisions of this CBA. The Company will notify the Chief Steward of this request and the expected duration. Should the temporary position extend past the expected duration, the Chief Steward will be notified. The Company will consider temporary promotion time accumulated by au employee for any future full-time promotions au employee may apply for at a later date.
Special circumstances will be considered on a case-by-case basis when authorized by the Government and approved by the ATSS Program Manager or designee. Notification will be provide to the Chief Steward.
Expense/Money Reimbursement - In the event an employee is owed money due to TDY, mileage claims, PPE allowance or any other Company approved expenses on the employee's part, the Company will reimburse the employee within thirty (30) days of submitting all required documentation.
If there is a RIF in any classification where there are Temporary employees, the Temporary employees must be laid off prior to any regular full time employees in the classification. If an employee is in a temporary position, and their full time position has a RIF, the employee will continue in the Temporary position until that job ends, they the employee will be laid off or exercise bumping rights in accordance with the CBA.
If au On-Call employee has been requested to work a given shift, or shifts, and upon arrival to said shift he/she is told the work has been cancelled, the employee will be afforded the opportunity to work the full day as long has he/she stays and performs assigned work.
It is understood that employees who transfer from a part-time, on-call, or temporary position to a regular full time position will have their classification seniority reflect the effective date of transfer.
Exception to this provision is when a position is posted as 'Temporary with the potential to become permanent." In this case the employee's classification seniority will reflect that date of reclassification into the temp-to-perm position.
ARTICLE X - HOLIDAYS, VACATIONS AND LEAVES OF ABSENCE
Section 1. Holidays Holidays will be according to Federal Holiday schedule. Federal Holidays in each calendar year are identified below. When such Holidays fall on Saturday, the preceding Friday will be considered a Holiday; however, if the preceding Friday is Regular Day Off under the alternative work schedule, the Thursday will be considered the Holiday. When such Holidays fall on a Sunday, the succeeding Monday is considered a Holiday.
1.1 New Year's Day, January 1
1.2 Martin Luther King's Birthday, the third Monday in January
1.3 Presidents' Day, the third Monday in February
1.4 Memorial Day, the last Monday in May
1.5 Independence Day, July 4
1.6 Labor Day, the first Monday in September
1.7 Columbus Day, the second Monday in October
1.8 Veterans' Day, November 11
1.9 Thanksgiving Day, the fourth Thursday in November
1.10 Christmas Day, December 25.
An employee who observes the Holiday shall receive regular wages for that day or the day celebrated for such Holiday. Employees required to work on a Holiday shall receive holiday pay plus one and one-half times their regular hourly rate for time worked.
If an Executive Order or APG Post closing is issued which grants additional time off to government employees, the Company shall grant such time off to its employees with pay, if the government agrees to reimburse the Company for such time off.
Section 2. Personal Leave Plan (PLP)
1.1 Any employee who will have attained the Company adjusted service date specified in the table below during their PLP year shall be entitled to the corresponding PLP with pay:
Up to 5 years 140 Hours 5 years or over, up to 10 years 180 Hours 10 years or over 220 Hours
1.2 PLP shall be accrued each of the 26 pay periods in accordance with the annual rate established in Section 1.1. It is further understood PLP will only accrue for the following:
hours worked up to 40 hours in a work week, bereavement, jury duty, PLP, short term Military leave (i.e. not to exceed two pay periods), approved LOA up to the first 30 days, and to include the following; paid/unpaid administrative leave, Union Activities Paid (UAP), Union Activities Unpaid (UAU), Post Closed Not Paid (PCNP).
1.3 Any employee having unused PLP on their anniversary date shall have the privilege of carrying such unused PLP over into the following year. If unused PLP is carried forward, a maximum of two times their annual allocation will be permitted. Any hours above the maximum will be paid in the next full pay period.
1.4 PLP pay shall be at the employee's regular hourly rate for each hour of approved PLP leave for which the employee has accrued PLP credit.
1.5 PLP hours will count toward time worked when used.
1.6' Employees who discontinue service with the Company for any reason shall be paid at his/her regular hourly rate for any unused PLP credit accrued.
1.7 Use ofPLP must be approved in advance by a Company Supervisor or Manager.
1.8 Ifan nployee dies 'vlile cnt1pyitll oftie Caipin P[Ppay, aspM&d àbo shEll be paid at tieenpioyds regilar hourlyrate.
1.9 Each employee who is eligible for paid PLP may, at his/her option, elect to take PLP in one half hour increments.
1.10 The PLP year shall be defined as the period of employee's yearly anniversary date.
1.11 PLP used as a result of illness will require a medical certificate after being absent for three (3) consecutive scheduled work days.
1.12 Employees may request to sell back to the Company PLP in as little as nine (9) hour increments as long as the employee maintains a minimum of forty (40) hours of accrued PLP.
Amounts paid for PLP redemption are subject to all applicable truces and deductions, i.e., 40 I (k). Employees must complete a request form prior to PLP being paid out. PLP will be paid out in the following pay period.
Additionally, as discussed, there is a joint understanding that the Company's compliance with E.O. 13706 and State of Maryland Sick & Safe Act provides that 56 hours of sick leave is included in the employee's PLP accrual level and the employees may use up to 56 hours of PLP as sick leave in an accrual year.
Section 3.Leave ofAbsence (LOA) Eligible employees may also exercise their rights to take leaves of absence under the provisions of Federal and/or Maryland's equivalent of the Family and Medical Leave Act (FMLA) of 1993.
Employees who meet the FMLA eligibility requirements and exercise their rights to use FMLA shall continue to accrue seniority for all purposes during the period ofFMLA.
The Company may grant personal leaves of absence without pay to employees who apply, with at least seven (7) days notice (bereavement and illness excepted), for good and sufficient reasons. It is further understood that employees may request and be granted Leave Without Pay (LWP) even if they have a positive PLP balance on a case-by-case basis. Such leaves of absences in excess of thirty (30) days will be considered on a case-by-case basis to accommodate such unforeseen situations as extended illness or injury, etc. Employees may request nine (9) months of additional disability LOA in one (1) month increments by submitting a request in writing to Human Resources at least seven (7) days prior to the expiration of the approved leave. This request must be accompanied by supporting medical documentation. Inno case will thetotal of all approved disability LOA exceed twelve (12) months from the first date of disability. Company service dates will be adjusted to exclude any period of approved LOA. All LOA requests must be coordinated by the Manager of Human Resources.
While the Company may hire a temporary replacement for such long-term absences, the employee will be returned to his/her vacated position, if it is still authorized, with seniority, upon return from such approved leave of absence. Should extended illness, or injury, preclude a return to his/her original position or the position has been eliminated and if there is a Government approved position available that the employee is qualified for, the employee will be offered the position in accordance with his/her abilities (or limitations) and seniority.
Employees elected or appointed to a full-time position with the Union shall be granted a leave of absence of up to one year with no loss in seniority. Such leave may be extended at the employee's request for additional years. Such leave will be considered to be annually renewable.
Section 4.Bereavement-Death in thelmmediateFamily in case of the death of a member of the immediate family of an employee, the employee shall be granted three (3) workdays off at the employee's regular rate of pay to attend the funeral and to tend to administrative details. Should services require travel of 300 miles or greater one (1) additional day shall be granted, for a total of four (4) days. Upon request by the
Company, the employee will be responsible for providing verifiable evidence of the death in the immediate family. For the purposes of the Administrative Leave Program, "members of the immediate family" include spouse, children, stepchildren, brothers, sisters, parents, stepparents, stepbrothers and sisters, foster parents, parents-in-law,, legal guardians, grandchildren and step-grandchildren, grandparents and grandparents-in-law, brothers-in-law and sisters-in-law.
Section 5. Jury Duty Employees who are called for Jury Duty shall be paid by the Company 8/9/12 hours of pay (whichever is scheduled), for each day of Jury Duty, providing the employee provides the Company with his/her daily governmental Jury Duty proof of attendance. When released from Jury Duty before 11:00 a.m., the employee is expected to return to work that day. It is further understood this is limited to forty (40) hours in a calendar year.
When an employee is absent from work in order to serve as a juror for a Grand Jury subpoena, the employee will be paid by the Company, 8/9/12 hours of pay (whichever is regularly scheduled) for each day they are absent, providing the employee provides the Company proof of each day of attendance to the Grand Jury. It is further understood that this is limited to eighty (80) hours in a calendar year.
The parties understand and agree that service on local jury duty and/or grand jury duty within the same calendar year will limit future service duty, as defined within any local, county, district, and/or federal guidelines.
Section 6. Bereavement and Jury Duty Hours Hours paid for approved Bereavement or Jury Duty will count toward the calculation of forty (40) hours in a workweek, however, the payment for these hours will be paid at the employee's current straight time base rate of pay and shall not be paid at the overtime rate.
ARTICLE XI- HEALTH AND WELFARE BENEFITS
Section 1. Health & Welfare (H&W) Fringe Rate The parties agree to move the Health and Welfare Fringe Hourly Rate as currently set forth in Appendix A, less adjustment for the current pension contribution amount as defined by classification, into the 2018 base hourly rate, as outlined by classification.
All employees must complete required Company documents during annual open enrollment.
Section 2. Medical Coverage Company Contribution Eligible employees may elect medical coverage through a Company sponsored plan. All costs associated with the benefits elected by the employee will be the responsibility of the employee, except as noted below:
Effective with the medical plan year 2020, the Company agrees to provide a 25% contribution of the monthly health benefit cost, based on the Single Level Coverage (Employee only) amount for each offered Company sponsored basic health care plan. The 25% contribution will be applied to the employee's annually elected health benefit coverage level, including and not limited to: Employee only, Employee plus 1, Family coverage, etc.
Section 3. 401(k) Savings Plan All regular employees are eligible to participate in the 401(k) Savings Plan effective on their date of employment. Employees may contribute a percentage of base pay in accordance with plan guidelines.
IRS limitations apply. Restrictions apply to part-time eligibility. No Company match will occur.
Section 4. Custom Choice Worksite Benefits Program The Custom Choice Worksite Benefits Program of supplemental insurance benefits will be offered to employees in the bargaining unit through their designated agent, Employee Benefits Systems, Inc.
(EBS). EBS will be allowed to meet individually with the bargaining unit employees on site, for a period of no more that 15 minutes per year, in order to present available, supplemental insurance options. The Company will provide a payroll deduction for premium payments directly to EBS on behalf of employees who choose to participate and execute lawful payroll deduction authorization forms. The Union agrees that such supplemental insurance options are offered, administered, and provided by and through EBS and confirms that the Company is not a plan sponsor of such options and shall not be involved in the administration of such options now or in the future. The Union will defend, save, and hold harmless and indemnify the Company from any and all claims, demands, suits or any other forms of liability that shall arise out of execution ofthis program.
ARTICLE XII - GRIEVANCE AND ARBITRATION PROCEDURE
Section 1. General The Union may select a working employee as a Steward. The duties of the Steward will be to receive, but not solicit, grievances from employees. The Union recognizes and agrees that the Steward shall cany out his/her duties with a minimum of interference with the orderly progress ofthe Company's work.
Section 2. Employee's Responsibility Any employee feeling he/she has been aggrieved by a violation of any of the specific terms of this Agreement must meet with his/her Supervisor and/or Manager. Both parties will make every effort to resolve the issue atthis level. The employee may have his/her Steward present ifdesired.
Section 3. Definition and Limitation For the purposes of this Agreement, the term 'grievance" means any dispute between the Company and the Union; or between the Company and any employee concerning the effect, interpretation, application, claim, or breach or violation ofthis Agreement.
In the event a grievant fails to present his/her grievance to the Company within five (5) workdays after becoming aware of said grievance, then and in that event, the grievance shall be considered as having been settled and no further action can be taken thereon.
Section 4. Grievance Procedure The Company desires that unfairness to its employees shall not exist and all grievances shall be settled, whenever possible, with the immediate Supervisor involved. It is the intent and purpose of the parties to provide a fair and equitable procedure for the orderly settlement of all grievances. Any grievance which an employee or the Union may have with the Company with respect to wages, hours, or other conditions of employment shall be discussed by the employee with such employee's immediate Supervisor or Manager in an attempt to settle the matter, The Union Steward may be present at the time of this initial discussion in keeping with the election of the employee. The immediate Supervisor or Manager shall have a verbal answer immediately, ifpossible, but in no event later than five (5) working days after the.
discussion. If the verbal answer does not settle the matter, then the employee and/or the Steward or other Union official may proceed with the matter as follows:
STEP ONE: Within five (5) working days after the receipt of the verbal answer, the Steward and/or Union official may present the grievance in writing to the Supervisor or Manger. Such written grievance will contain the facts upon which it is based, the date of occurrence, the specific article or articles and sections of the Agreement allegedly violated, and the remedy or correction requested. In the event an employee is unavoidably absent due to illness or injury, or unavailable due to vacation or other approved reasons, the employee's Union Steward may bring the grievance to the Supervisor or Manager that provided the verbal response. The Supervisor or Manager shall have five (5) working days from receipt of the grievance to provide a written reply back to the Steward and/or Union official.
If the grievance is not satisfactorily settled after the Step One response, then:
STEP TWO: If not satisfactorily settled as outlined in Step One, the grievance may then be appealed in writing to the Labor Relations Manager, no later than five (5) working days after receipt by the Steward of the decision rendered in Step One. Otherwise, such decision shall be final and the employee shall have no further recourse. The Labor Relations Manager shall meet with the Chief Steward or Business Representative in an attempt to resolve the matter within five (5) working days after receipt of such appeal. The Labor Relations Manager will respond in writing within five (5) working days of the Step Two meeting; or may choose not to respond to the grievance, in which case the grievance automatically moves to Step Three. The Grievant will be invited if the Company and the Union agree to such attendance.
STEP THREE: If not satisfactorily…
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