Attachment 5 - CBA.pdf

COLLECTIVE BARGAINING

AGREEMENT

BETWEEN

AMENTUM LLC

AND

INDUSTRIAL DIVISION OF THE COMMUNICATION

WORKERS OF AMERICA, AFL-CIO-CLC,

IUE-CWA

ELIZABETH CITY, NORTH CAROLINA

Effective: February 5, 2022 through February 4, 2027

Table of Contents

ARTICLE 1 INTENT AND PURPOSE

ARTICLE 2 GENERAL CONDITIONS OF CONTRACT

ARTICLE 3 UNION SECURITY/DUES CHECKOFF

ARTICLE 4 MANAGEMENT RIGHTS

ARTICLE 5 BARGAINING UNIT WORK

ARTICLE 6 UNION-COMPANY RELATIONS

ARTICLE 7 LABOR-MANAGEMENT COMMUNICATIONS

ARTICLE 8 NO STRIKE.NO LOCK OUT

ARTICLE 9 JOB DESCRIPTIONS

ARTICLE 10 GRIEVANCE PROCEDURE

ARTICLE 11 TEMPORARY DUTY

ARTICLE 12 SENIORITY

ARTICLE 13 LAYOFFS AND RECALL

ARTICLE 14 EMPLOYEE PRIVILEGES

ARTICLE 15 EFFECT OF LAW AND SEPARABILITY

ARTICLE 16 HOURS OF WORK

ARTICLE 17 OVERTIME

ARTICLE 18 PROMOTIONS

ARTICLE 19 PREMIUMS

ARTICLE 20 HOLIDAYS

ARTICLE 21 GROUP HEALTH AND WELFARE BENEFITS

ARTICLE 22 NONDISCRIMINATION

ARTICLE 23 BULLETIN BOARDS

ARTICLE 24 STANDARDS OF PERSONAL APPEARANCE

SIGNATURE PAGE

APPENDIX A WAGE SCALE

APPENDIX B DISCIPLINE GUIDE

APPENDIX C ALCOHOL AND DRUG FREE WORK FORCE

ARTICLE 1 – INTENT AND PURPOSE

This Agreement, entered into by and between AMENTUM (hereinafter called "the Company), and the International Union of Engineers Local (hereinafter called "The Union"), evidences the desire of the parties here to promote and maintain harmonious relations between the Company and its employees, as they are defined in Article 2, Section 2, of this Agreement, and the Union as the sole and exclusive Representative.

The purpose of this Agreement is to provide for wages, benefits, terms and conditions of employment for employees in the bargaining unit, and to ensure industrial peace. To this end, it is recognized that there must be mutual understanding, harmony and cooperation among employees and between employees and the Company, and the Union and the Company; that operations must be uninterrupted and duties faithfully performed in order for the Company and its employees to fulfill their mutual and vital responsibilities to both the public and to the Government; and that the business of the Company must be operated with economy and efficiency with due regard to competitive conditions. It is recognized by the Agreement to be the duty of the Company, the Union, and the employees to cooperate fully, both individually and collectively, for the advancement of said conditions.

It is agreed that the parties desire to enter into this Agreement to establish wages, hours, and working conditions and to provide for the peaceful settlement of disputes and grievances that may arise affecting the employees covered hereby. The parties recognize the skills and the abilities of the bargaining unit are unique and distinct in the interest of National Security and are highly skilled and dedicated professionals in supporting the United States Coast Guard.

NOW, THEREFORE, the parties agree as follows:

ARTICLE 2 - GENERAL CONDITIONS OF CONTRACT

Section 1 - General Provisions

A) In reaching this Agreement, the parties hereto have fully exercised and complied with any and all obligations to bargain and have fully considered and explored all subjects and matters in any way material to the relationship between the parties. In negotiating and agreeing to this contract, all matters concerning which parties could contract have been considered and disposed of.

B) Any practice of the Company in the past not specifically set out herein is expressly eliminated, as a subject for bargaining, and, during the life of this Agreement, may not be raised for further bargaining or negotiations.

C) It is understood wherever in this Agreement employees or jobs are referred to in the male or female gender it shall be recognized as referring to both males and females.

D) This Agreement can be changed or modified only by a document in writing signed on behalf of both parties hereto by their duly authorized representatives, provided, however, that such changes or modifications are ratified by the membership of the Union. Written agreements regarding interpretations or understandings may be made between the Company and the Business Representative and the Negotiating Committee that do not change or modify the Agreement and shall not require the ratification of the membership.

E) The waiver of any conditions or breach of this Agreement by either party shall not constitute a precedent for any further waiver of such condition or breach.

F) Either party hereto shall be entitled to require specific performance of the provisions of the Agreement. It shall be the duty of the Company and its representatives and the Union and its representatives to comply with and abide by all the provisions of this Agreement.

G) The language contained in this Agreement will be read and interpreted based only on the words contained in the Agreement. Sentence fragments, phrases or words cannot be combined from multiple sections to create "new” language, requirements or procedures, place restrictions on the parties or modify any part of this Agreement in any manner.

Section 2 - Recognition and Exclusive Representation

A) Definition of Bargaining Unit and Employees Covered by this Agreement: The Company recognizes the Union certified by the National Labor Relations Board on September 12, 2019 (Case# 10-RC-246497) as the exclusive representative and bargaining agent with respect to rates of pay, wages, hours and other conditions of employment for the bargaining unit comprised of all full-time and regular part-time C-130 aircraft maintenance and logistics support personnel.

B) Employees Excluded from the Bargaining Unit: Excluded are all other employees, office clerical employees, guards, professionals and supervisory employees as defined by the Act.

Section 3 - Period of Agreement

A) This agreement shall be effective February 5, 2022 through February 4, 2027 shall remain in full force and effect year to year until modified, amended, or terminated, as hereinafter provided. Not more than ninety (90)* days nor less than sixty (60) days prior to the expiration date of this Agreement, or prior to the expiration of any subsequent yearly period, either party may give to the other party written notice of desire for modifications or amendments. The parties agree to schedule negotiations within fifteen (15) days after the giving of such notice.

In the event of a failure of the parties to reach agreement upon modifications or amendments to the Agreement by the anniversary date of this Agreement, either party, at any time thereafter may terminate this Agreement by giving written notice to the other specifying the date of termination five (5) days in advance of such date.

*Where not otherwise specified, any reference to "days" in this Agreement shall mean calendar days.

B) Any notice given under this section shall be deemed to be served when mailed postage prepaid, registered mail, return receipt requested, or delivered in hand to the Program Manager of AMENTUM – Elizabeth City, North Carolina for service upon the Company, and when similarly mailed, or delivered in hand, to the Local for service upon the union. The date of receipt shown on the registered mail return receipt or the date of written receipt of personal service shall be the controlling date for all purposes under this Agreement.

C) After the Company and Union negotiation committees have concluded negotiations of amendments and modifications to the Agreement, all such amendments and modifications must be accepted or rejected, as a whole, (without acceptance or rejection of parts thereof) by the Company and the Union.

Section 4 – Economic Adjustments

A) All economic adjustments to this Agreement will be effective the beginning of the first full pay period following February 5, 2023; February 5, 2024; February 5, 2025; February 5, 2026; and February 5, 2027 unless otherwise specified in a particular Article or Section of the Agreement.

B) The economic adjustments concerning employee premiums/ benefits for Group Health Insurance are effective January 1st of each year of the Agreement.

ARTICLE 3 – UNION SECURITY/ DUES CHECK-OFF

A) Employees covered by this Agreement may at their own discretion become and remain members of the Union following their first ninety (90) calendar days of employment.

B) Upon receipt of a properly executed IUE-CWA Deduction Authorization form an employee covered by this Agreement, the Company, during the term of this Agreement, will deduct from the employee’s earnings, if any, initiation fees and/or Union dues and remit the money as set forth herein within twenty (20) days following the end of the month in which the initiation fees and/or Union dues were collected. Initiation fees and dues collected from the employee shall be remitted by the Company to the office listed below. The amount of remittance to shall be designated in writing by the Secretary Treasurer of IUE-CWA the Local:

Communications Workers of America 501 3rd Street, N.W.

Washington, D.C. 2001 Attention: Membership Dues Department

C) It is understood and agreed that IUE Dues Deduction Authorization(s) must be received by the Company no later than fourteen (14) calendar days prior to the end of the pay period in order for initiation fees or dues to be deducted for such pay period. Initiation fees or dues to be deducted as a result of Authorization(s) not received fourteen (14) calendar days prior to the end of the pay period will be deducted the following pay period.

D) The Company shall be required to make only one (1) payroll deduction for Union initiation fees for each employee authorizing the deduction.

E) The Company shall provide the International, the District and the Local a complete list of the local members from whom the dues were deducted and a list of the individuals from whom initiation fees were collected with each remittance as defined in B above.

F) It is understood that any authorization for such payroll deduction shall be voluntary on the part of the employee and may be cancelled by the employee in accordance with the terms of the IUE Deduction Authorization.

G) The Company will comply with any notice of revocation of deduction authorization received from an employee in accordance with the procedure and limitations set forth in the IUE Deduction Authorization. Should an employee be promoted or transferred to a classification not covered by this Agreement, the Company shall cease deducting dues from such employee. When ceasing to deduct dues in such cases, the Company shall submit the name of such employee and the reason for no deduction in writing to the Secretary Treasurer of the Local.

H) If an employee does not have sufficient earnings in any payroll period to cover the Union dues deduction for that payroll period, the Company shall have no further responsibility for collection of dues for that pay period.

I) There shall be no collection of Union dues or fees or solicitation of such dues or fees in Company facilities or Government facilities in the custody of the Company. Further, there shall be no solicitation of Union membership during assigned work. Chief Steward will be given a reasonable period of time for check in purposes.

J) There shall be no discrimination by the Company or Union because of membership or non-membership in the Union.

K) The Union shall indemnify and hold harmless the Company from any and all claims, demands, suits or forms of liability that shall arise out of or any reason of action taken or not taken by the Company for the purpose of complying with any of the provisions of this Article including the reasonable cost of any defense made necessary by any such liability, claim, suit or dispute.

ARTICLE 4 – MANAGEMENT RIGHTS

A) Except as modified by a specific provision of this Agreement, the Company reserves and retains all of its normal and inherent rights with respect to the management of the business, including (without limiting the generality of the foregoing) its right to establish or continue policies, practices, and procedures for the conduct of the business; to select and direct the working force; to establish, eliminate, change, or combine work schedules, and work assignments, which are not in conflict with the terms of this Agreement; to transfer, promote or demote employees, or to lay off, terminate or otherwise relieve employees from duty for lack of work or other legitimate reasons; to make and enforce reasonable rules for the maintenance of discipline; to suspend, discharge or otherwise discipline employees for cause;

and otherwise to take such measure as management may determine to be necessary to the orderly, efficient or economical operation of the business.

B) It is understood and agreed that any of the powers and authority the Company had prior to signing of this Agreement are retained by the Company, except those specifically modified, delegated, or granted by this Agreement.

C) No Company rule, regulation and/or policy shall be in conflict with provisions of this Agreement. The Union shall not be restricted from contesting the reasonableness of any rule, regulation and/or policy through the procedures of Article 10 of the Agreement. The Union shall not be restricted from contesting the fairness of the application of any rule, regulation and/or policy through the procedures of Article 10 of the Agreement. The Company agrees to discuss new or modified local policies prior to being implemented.

ARTICLE 5 – BARGAINING UNIT WORK

A) Management/Supervisory personnel and/or highly specialized personnel, including engineers, scientists, manufacturers’ technical representatives, and instructors/trainers may perform work of employees covered by the Agreement under the following conditions:

1) For the purpose of instructing and training employees.

2) Under emergency conditions. The term “emergency” as used in this provision is defined to mean any combination of circumstances, condition that would require immediate action in order to prevent injury to employees or damage to property.

3) When required to maintain their personal qualifications and proficiency and when work being performed is not used to avoid paying overtime or to displace a bargaining unit employee.

4) When required, to test, install, or verify new material, equipment, or maintenance processes/procedures wherein bargaining unit employees lack the capability to perform the work required. The appropriate Bargaining Unit Employee shall be assigned to assist in this work.

ARTICLE 6 - UNION-COMPANY RELATIONS

Section 1 - Union Stewards

A) Upon execution of this Agreement, the Union shall promptly furnish the Program Manager, in writing, the names of the Union Stewards. Thereafter, the Union shall promptly advise the Program Manager, in writing, of any change in Stewards within ten (10) working days. No Steward will be recognized as such by the Company prior to receipt of written notice of notification.

B) Duties of Stewards: Steward duties involve gathering information on alleged violations of the Agreement and processing grievances. The supervisor/manager will not unreasonably deny authorization to the Steward to perform such duties up to the time specified.

C) It is agreed that a Steward may receive, but not solicit, grievances from employees. For purpose of this agreement, the term "solicit" means the steward will receive grievances from employees and not petition for grievances. However, this does not limit the Steward from notifying the employee(s) that he/she has been grieved due to a breach or violation of this Agreement. The Union recognizes and agrees that a Steward will carry out his/her duties with a minimum of interference with the orderly progress of Company work.

D) Stewards shall be allocated by the respective sections. The Chief Steward shall be one of the stewards identified above.

E) In addition to those stewards designated above, a Chief Steward shall be designated and assigned to the entire Elizabeth City contract work area. It is agreed that since the Chief Steward has a regular work assignment to be performed, that contacts involving Union business with other employees or Stewards, or the Business Representative of the Union will be no more frequent and no longer than the matter for discussion reasonably requires. Where necessary, the Chief Steward's work schedule or assignment will be adjusted where practical, to allow for work time off to transact Company-Union business as specified below:

1) For discussions with Stewards or the authorized Business Representative of the Union on employee complaints or grievances or on matters arising out of the application of this Agreement. It is agreed that the investigation of grievances is the primary role of the Steward. This will not preclude the Chief Steward from being involved in an investigation if deemed necessary by the Business Representative.

2) To represent the bargaining unit employees at Step II as provided in the grievance procedure.

3) The Company will not unreasonably deny or delay employee access to the Steward or Chief Steward.

F) The number and locations of Stewards may be adjusted by mutual agreement to compensate for facility and population changes.

G) The Steward or Chief Steward shall notify his/her supervisor or assigned alternate before leaving his/her workstation, reporting back to his/her supervisor/manager or assigned alternate upon return to his/her workstation. Access will be granted unless operation activities are affected. The Company will not unreasonably deny or delay access to the Steward or Chief Steward. Upon entering the work area of another Supervisor’s/Manager’s responsibility, the Steward or Chief Steward will make a valid attempt to contact the Production Supervisor or assigned alternate before attempting to contact any employee.

H) During any investigation that may lead to the discipline of a Bargaining Unit Member, the employee will be afforded the opportunity to have a Union Steward present at any interviews with bargaining unit employees. In addition, the Steward/Chief Steward shall be present at any disciplinary meeting involving a bargaining unit employee. A copy of the disciplinary action will be provided to the Chief Steward within two (2) days of the action.

I) The Company recognizes limitations upon the authority of the Steward or Chief Steward and shall not hold the Union liable for any unauthorized acts, subject to the provisions of the No Strike-No Lockout Article of the Agreement. The Company in so recognizing such limitations shall have the authority to impose proper discipline, including discharge, in the event a Steward or Chief Steward has taken unauthorized strike action, slowdown, work stoppage, or other actions in violation of this Agreement.

J) All disciplinary actions will be in accordance with current Company Discipline Guide. In all cases, the appropriate steps for the violation committed will be followed and taken in a timely manner. Whenever possible, the Company will inform the Union about an investigation involving an employee that could lead to disciplinary action or discharge. Only disciplinary actions that have been properly documented may be used for progressive discipline purposes.

All disciplinary actions greater than one (1) year old the date of the incident leading to the discipline shall be removed from the employee’s file and can no longer be used for progressive discipline purposes. Further, these disciplinary actions greater than one (1) year old cannot be referred to in any way, shape or form including presentation during any subsequent Arbitration.

K) It is understood that no disciplinary actions can be administered unless the Company provides evidence of the specific infraction or violation at the time when disciplinary action is presented.

If the disciplinary action involves an unpaid suspension per the Company Policy, the suspension shall start effective immediately and the time off shall run in consecutive days from start to finish.

L) The Company agrees to notify and discuss new or modified policies with the Union prior to the implementation.

ARTICLE 7 – LABOR-MANAGEMENT COMMUNICATIONS

The Company and Union recognize the shared goals of the Parties are to increase stakeholder /shareholder value for all employees; improve the Company’s competitive position; deliver second-to-none maintenance for the customers; and, to improve job security for the membership of the Local. To that end, the Company and the Union leadership commit to meet as needed to maintain open and effective lines of communication; resolve issues; discuss needed operational efficiencies; and, maintain a successful labor-management relationship that benefits all concerned and ensures the interpretation and application of this Agreement.

ARTICLE 8 – NO STRIKE/ NO LOCKOUT

A) It is the intent of the parties in the interests of attaining peaceful, orderly relations and efficient, uninterrupted operations, to set forth in this Agreement the obligations of the Company to the Union and the employees it represents, and to provide the exclusive procedures through which the Union, the Company, and the employees shall resort to secure redress for grievances arising from this Agreement.

B) The Union shall not cause nor permit its members to cause, nor shall any member of the Union take part in any strike, work stoppage, sit-down strike, stay-in, sympathy strike or slowdown in any Company location or any curtailment of work or restriction of production or interference with the operations of the Company.

C) The Union shall not cause nor permit its members to cause, nor shall any member of the Union take part in, any strike of any of the Company’s operations, or non-informational picketing of any of the Company’s plants or premises.

D) Any employee found guilty of violating this Article may be discharged or subject to other disciplinary action as the Company may consider appropriate subject to the grievance procedure outlined in Article 3.

E) The Company shall not authorize or direct a lockout during the period this Agreement is in effect.

F) The above prohibition on strikes shall not be binding on the Union sixty (60) days after notice has been served on the Company pursuant to Section 8(d) of the National Labor Relations Act, as amended, when no agreement for a new contract has been reached.

ARTICLE 9 – JOB DESCRIPTIONS

Section 1 - Application of Job Descriptions

(A) The job descriptions describe typical and normal requirements. These requirements are characteristic of the job and illustrate a level of difficulty of work and are not intended to list or describe all work operations or tasks done within the classification. These requirements do not fit all specific individual work assignments, and the description when written was stated to be broad enough to include all variations of work in the classifications.

(B) The Company shall notify the Union of its intention to create a new job which is not now covered under this Agreement or to revise an existing classification. Said notice shall be given to the Union in advance of the implementation of such new job or revision of an existing classification provided operational requirements permit. The wage rate for such new or revised job classification shall be established by mutual agreement. Operations shall not be delayed through failure to immediately agree upon a wage rate applicable to such job classification. In the event the parties fail to come to an agreement on the wage rate of a new job, the matter shall be submitted to binding arbitration under the applicable article of this Agreement and the Arbitrator shall have the authority to establish the rate of pay for any new job classification challenged under this Article.

ARTICLE 10 – GRIEVANCE PROCEDURE AND ARBITRATION

A) "Grievances" shall mean, and be limited, to disputes or difference between the Company and the Union, or employees so represented, with respect to the interpretation or application of any specific provision of this Agreement. Both parties agree to use their best efforts, including informal meetings involving Management, Supervision, Shop Steward, and the Grievant, to resolve matters without resorting to the grievance procedure except that any such meetings shall not extend the time limits set forth in this Article. In the event such informal methods do not resolve the grievance, all grievances shall be reduced to writing and processed in accordance with the following steps:

1. All grievances beyond Step one involving employee claims shall be in writing on grievance forms and shall be signed by all employees claiming rights there under.

2. In an effort to adjust employee grievances by mutual agreement, they shall be presented in the following order and within the following time limits:

a. STEP ONE

The employee(s), with their Steward if available, shall promptly bring a grievance to their Site Manager or designee. 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 representative may bring the grievance to the supervisor. If such grievance is not settled within five (5) working days, then:

b. STEP TWO

A written grievance must be signed by the Steward and set forth a statement of grievance and the Article or Section of the agreement which is claimed to be violated and taken up by the Shop Steward with the Program Manager or his designee, and a meeting will be scheduled within five (5) subsequent working days.

If no agreement has been reached within ten (10) working days, the Company will reply in writing. If the written reply is not satisfactory, it may be moved to Step Three.

c. STEP THREE

The Company’s Labor Relations Representative or designee, and the Business Representative of the Union or his designee shall meet in person or by telephone within fourteen (14) working days after receipt of the grievance into a third step. A written reply from the Company will be given to the Union within fourteen (14) working days after the meeting. If no agreement has been reached within fourteen

(14) working days, either party may submit the grievance or dispute to arbitration as covered in the Arbitration procedure.

B) PRECEDENTS

1. A final decision made with respect to any grievance in the first or second step shall apply to that grievance only and shall not become a binding precedent in the case of other grievances, nor a precedent, which shall bind the parties as in interpretation of the Agreement. All settlements must be consistent with the terms and conditions of the Agreement. Time limits may be extended by mutual agreements of both parties.

2. Any aggrieved employee and Union representative shall have the right to be present at any stage of the grievance procedure in which the grievance is being considered. No employee may leave the job, take up, or settle a grievance without requesting permission from the immediate supervisor. Such permission will be granted provided it does not retard or interfere with operations or create a hazardous condition. If permission cannot be granted, time limits will be waived until permission is granted.

Witnesses called by either party may attend the grievance meeting at any step, subject to the same provisions above outlined for attendance of an aggrieved employee.

3. Authorized Stewards and the Union President or in his absence, his designee shall have the right to examine time sheets and other records pertaining to the computation of compensation of any individual or individuals whose pay is in dispute or other records pertaining to a specific grievance. Compensation will be paid for reasonable time spent discussing or investigating grievances during the Shop Steward’s normal work schedules.

C) ARBITRATION PROCEDURE

1. The party choosing to arbitrate shall give written notice to the other party setting forth the matter to be arbitrated. If said notice is not served within the fourteen (14) day period specified in Step Three of Article 18.01c, it shall be deemed that the grievance has been satisfactorily adjusted and the right to arbitrate waived.

2. In the event the Union or the Company submits a grievance to arbitration, The Chief Negotiators of the Parties or their designee shall, within five (5) workdays of receipt of the above notice and attempt to agree on an arbitrator. In the event the parties cannot agree on an arbitrator within (5) working days, the parties will petition the Federal Mediation and Conciliation Service for a panel of seven (7) arbitrators. In the latter case, the petitioner has the first right to strike a name; the other party shall then strike a name. This procedure shall continue alternately until one name remains.

3. The decision of the arbitrator shall be final and binding on all parties. However, the arbitrator shall not have jurisdiction or authority to add to, subtract from, modify or in any way change the provisions of this agreement. The expense and fees of the Arbitration Process shall be split equally between the Parties.

ARTICLE 11 - TEMPORARY DUTY (TDY)

A) Bargaining Unit employees on Temporary Duty Deployment (TDY) performing Bargaining Unit work retain their rights under the Collective Bargaining Agreement as if working at Elizabeth City, NC:

1) A Temporary Duty Deployment (TDY) is considered as a duty or function, away from Elizabeth City, NC, requiring a period of time longer than twenty-four (24) hours. A TDY roster of all qualified personnel will be maintained and used in the selection process by the Company for off-site TDY assignments, except when critical skills are required. Such roster shall be posted, listing employees by seniority and qualifications.

2) To be considered qualified; the individual must meet the skill levels for the task involved.

3) TDY assignments will be filled from qualified personnel on a seniority/rotational basis.

Assignments will be offered to the most senior qualified employee(s) for the assigned tasks to be performed. The selection process will start with the most senior qualified employee and should he/she decline then he/she will be moved to the bottom of the rotation list. The next senior employee will then be asked, and so on until all the required assignments are filled. Should the list be exhausted without the required assignments being satisfied, the least senior qualified employees shall be assigned to the remaining required assignments.

Upon returning, the employee shall be placed on the bottom of the rotation list and will not be required to go TDY again until everyone on the list, in their job class and section, have been TDY, unless they volunteer. Each new TDY assignment will begin at the point on the list where the previous assignment was satisfied. TDY assignments will not normally exceed thirty (30) calendar days, however, when it is known, understood and agreed, in advance (prior to the assignment), by the Union and the employee; the assignment may be extended past Thirty (30) calendar days by mutual agreement between Company and Union.

4) The following employees will be considered exempt from TDY assignments:

a) Employees on approved leave or vacation.

b) Persons already on TDY assignment.

c) Persons on Military Orders.

d) Employees on union business will be considered exempt for TDY assignments.

5) In the event of an unforeseen emergency or for personal reasons an employee may request, in writing, to be removed from the TDY rotation. When the employee is re-entered onto the rotation list, he/she shall be entered at the bottom of the list.

6) Employees that volunteer and subsequently fail to complete the full duration of the TDY mission will be precluded from volunteering for future TDY missions unless the early return was authorized by the Program Manager or his designee. The Program Manager or his designee will not unreasonably deny this authorization when sound reasons exist for the early return.

B) Working hours, while on TDY status, shall be set at the beginning of the assignment. Again, all provisions of this Agreement apply to all Bargaining Unit employees while on TDY.

C) All travel will be performed IAW Joint Travel Regulation (JTR). Employees performing TDY assignments will be issued a Company travel card to be used for authorized expenses IAW the

JTR.

D) The Company will reimburse an employee for lost tools when it is beyond his or her control while on TDY or stolen tools while on TDY. Reimbursement will only be processed with proof of loss and at replacement cost with receipt provided.

E) An employee will be paid for all hours while traveling to and from TDY locations, commencing with the first day of travel. Employees traveling to an overseas location become eligible for labor hours upon reporting to the port of embarkation. (This is consistent with regulatory requirements and Company Policy.)

F) Employees shall not be forced to take time off prior to TDY departure or following return from TDY in order for the Company to avoid paying overtime.

ARTICLE 12 – SENIORITY

A) PROBATIONARY PERIOD: Any employee who has been in the employment of the Company for ninety (90) days worked (including overtime days) shall be considered a Seniority Employee of the Company. During the probationary period the employee shall be subject to layoff, discipline or discharge at the sole discretion of the Company, and such action shall not be subject to the grievance procedure.

Definitions:

a. Seniority is defined as including the whole span of continuous service with the present contractor, or successor, and with predecessor contractors, in the performance of similar work at the Elizabeth City, NC facility.

1. When two (2) or more employees have the same seniority date as herein provided, the employee having the lowest last four (4) numbers of his/her social security number shall be considered having the least seniority for tie breaking purposes.

2. The Company and the Union may mutually agree on seniority dates for individual employees because of unique and special circumstances.

b. Seniority will not be broken for:

1. periods of approved absence with leave;

2. periods of layoff due to lack of work;

3. periods of absence due to injury or illness;

Periods of absence set forth in 2 and 3 above shall not exceed twenty-four (24) months.

In the case of occupational injuries, continuous employment will be for the length of the disability.

B) LOSS OF SENIORITY:

All seniority of any employee shall terminate if the employee:

a. Resigns;

b. Is discharged for just cause;

c. Is on layoff status in excess of twenty-four (24) months;

d. Is barred by the customer's written order or whose security clearance has been revoked and is not legally reinstated. This paragraph is subject to the conditions noted in Article 6;

e. Refuses recall or fails to respond to recall notice within three (3) days of receipt of the recall notice or fails to report to work 14 days after notice of recall is mailed to the employee;

f. Accepts full time employment with another Vendor without the Company’s knowledge;

g. If the employee fails to return from a Company approved Leave of Absence, within four (4) calendar days, unless extended by the Site Manager;

h. If the employee gives a false reason for a Leave of Absence or engages in gainful employment with another employer during such leave, except as specified in Article 14, Section 4;

i. If a workers’ compensation monetary settlement is made with an employee covering total disability due to employment with the Company; or,

j. Refusal to take a drug test directed by the Company, as required by Company Policy or this Agreement.

C) SENIORITY LIST: A seniority list will be maintained by the Company and will be made available to the Union semi-annually. The Company will also furnish a list to the Union Chief Steward reflecting new hires or rehires, their classification, date of hire, and termination or layoff dates, when such events occur. The Union will treat the seniority list as an AMENTUM Proprietary Document.

D) During a layoff, an employee who has elected to bump into a lower classification, will have the first right-of-refusal to the higher classification position from which he/ she was bumped when the position becomes vacant.

ARTICLE 13 – LAYOFFS AND RECALL

When it becomes necessary to reduce the number of employees in a classification, the employees in a job classification shall be laid off in accordance with reverse seniority. The Company will accept voluntary layoff in affected job classifications.

A) LAYOFF: In the event of a layoff, the Company agrees to give a two (2) week notice, when possible, to the employees affected. The Union will be notified of a layoff in advance of the layoff.

B) RECALL:

1. The Company will send recall notices, by certified mail/return receipt requested, to the employee's last official address.

2. The Company will inform the Local Union of such recall notices

3. The employee has three (3) working days after receipt by the employee of the notice to accept re-employment.

4. Such recalled employee will have fourteen (14) calendar days after the Union is notified of such recall notice to report to work provided that employee meets security eligibility requirements.

5. Employees shall be recalled in reverse seniority.

ARTICLE 14 - EMPLOYEE PRIVILEGES

Section 1-Vacations

(A) Definitions

(1) The term "seniority" as used in this Section, shall be the Company Seniority to which an employee is entitled under the provisions of Article 12 Section A of this Agreement.

(2) Pay for each week of vacation for a full-time employee means pay for forty (40) hours at the employee's base rate of pay excluding shift differential.

(B) Vacation

Employees covered by this agreement shall vest vacation credits on a bi-weekly basis for each creditable workweek based on their length of continuous service.

VACATION ACCRUAL

Vacation Benefits for bargaining unit employees on the active payroll of the Company are as follows:

Length of Service Bi-weekly Accrual Rate Annual Accrual

0 to less than 60 months 5.54 hours 144 hours 60 months but less than 120 months 7.08 hours 184 hours

120 months or more 8.62 hours 224 hours

Up to 224 hours may be carried over at the end of each calendar year. Amounts in excess of this limit will be paid to the employee in January of the following year.

Unused, accrued vacation will be paid out to the employee upon termination.

Accrued vacation time may be used for absences defined under the Final Rule, Executive Order 13706.

(C) Scheduling of Vacation

(1) The Company shall endeavor to honor vacation requests as scheduled. If a conflict exists prior to vacation approval, bargaining seniority shall govern, however mission requirements must be met. Once approved, vacation leave will not be bumped for seniority.

(2) Earned vacation may be taken in consecutive weeks or in one (1) week increments, with forty-eight (48) hours of advance notice. Once an employee has submitted a vacation request, the supervisor shall notify the employee in writing within twenty-four (24) hours after submission of vacation request of the approval/disapproval of vacation. Requests for vacation of one (1) day or less may be requested the shift before the shift the employee intends to take the leave. Vacation requests of less than a full day may be requested during an employee’ work shift and will be approved or denied based upon operational needs. Up to seven (7) days of vested vacation (during a contract year) may be used to cover absence in one (1) day increments in each contract year provided the employee calls at least one hour in advance from the appropriate supervisor.

(D) Vacation Benefits for an employee who terminates or is terminated, laid off, or who entered the Armed Forces.

(1) An employee who has vested vacation with pay which has not been used at the time he/she terminates, retires, is terminated, enters the Armed Forces, is laid off, or who dies shall receive such pay for such unused vacation as he/she has earned.

Section 2 - Military Reserve Training Leave

An employee on the active payroll of the company who is required to engage annually in up to ten

(10) days of military reserve training shall be granted a leave of absence for the period of “annual training” (annual training is not defined as the monthly commitment) and shall be paid the difference between the pay received for the training period and the amount of wages the employee would have received for his normal ten (10) day work schedule. Normal, for the purposes of this section shall mean an eight-hour day work schedule for each day of training at the employee's rate of pay, excluding shift differential.

Section 3 - Bereavement Leave

All employees shall be allowed time off, with pay, in the event of a death in their immediate family as follows:

(A) Three (3) workdays at the employee’s base rate of pay, in the event of the death of the employee’s parent, stepparent, spouse, domestic partner, child, stepchild, brother, or sister;

(B) One (1) workday at the employee’s base rate of pay, in the event of death of a daughter-in-law, son-in-law, brother-in-law, sister-in-law, parent-in-law, grandparent, grandparent-in-law, grandchild, grandchild-in-law.

(C) "Children" includes a foster child who dies while placed in the employee's home by a State Agency.

(D) An unpaid leave of absence may be granted if the above four (4) days are insufficient.

(E) Paid time is not considered as time worked for the purposes of computing overtime.

Section 4 - Leaves of Absence

(A) Leaves of absence up to thirty (30) days without pay may be granted at the sole discretion of the Site Manager. Leaves of absence greater than thirty (30) days for a period not to exceed ninety (90) calendar days without pay may be granted at the sole discretion of the Program Manager. A request for leave must be submitted on a Request for Leave of Absence form, and approved in writing by the Program Manager, prior to the effective date of the leave. A copy of the approved or denied request must be given to the employee. In the event an employee disagrees with the Site Manager’s refusal to grant a leave of absence, the matter will be referred to the Program Manager or his designee for final determination. Only the Program Manager or his designee may extend a leave of absence.

(B) In the case of emergency such as death, serious illness, or injury of a member of the employee’s family, a Leave Request may be processed without the employee's signature and subsequent to the employee's departure; however, such emergency leave must be promptly reported, approved by the Program Manager or his designee and forwarded to the Human Resources Office.

(C) For good and sufficient reason, the Company may extend the period of the leave. The leave of absence, properly approved, shall not in any way jeopardize the employee's standing with the Company.

(D) Employees elected or selected to full-time jobs in the local Union or the International Union, which take them from their employment with the Company shall receive leave of absence, without pay, for a maximum of one (1) year.

(E) Leaves of absence without pay will be granted by the Company on two weeks written request of the Union to persons designated by the Union for Official Union business to attend conventions and/or educational training.

(F) The Company will comply with all Federal posting requirements and responsibilities under the Family and Medical Leave Act.

(G) Extended military leaves of absence will be administered in accordance with the Uniformed Member Employment Rights Act.

Section 5 – Rest and Lunch Periods

An unpaid lunch period of thirty (30) minutes and two (2) 15-minute breaks will be established by the Site Manager.

Section 6 - Jury Duty

(A) When an employee is absent from work in order to serve as a juror or to report to the court in person in response to a jury duty summons, or to serve as a witness at the request of the Company, the employee shall be paid for those hours for which the individual is absent from the regular work shift, less the fee or other compensation paid with respect to such jury duty.

Employees assigned to shifts other than the day shift shall be considered as assigned to the day shift for the purpose of administering this Article. In order to receive pay under this section, work for such reason during the normal 8-hour workday or normal 5-day work week the employee must deliver to the Site Manager the summons calling the individual for such duty within three (3) working days after it is received the employee.

(B) Pay for such work time lost shall be computed at the employee's base rate of pay and flexible benefit credit but excluding shift differential pay, at the time of absence. In no case will payment be made for jury duty performed on the sixth or seventh day of an employee's standard workweek or for hours in excess of the employee's regular scheduled work shift.

(C) An employee must promptly notify his Site Manager of any notice the employee receives to report for jury duty and must provide the Company with a statement filed by an official of the court certifying the employee's service as a juror or appearance in court for that purpose, and the compensation paid, excluding transportation allowance. Certification from the court clerk must be obtained and turned into the payroll section for all dates the employee is required to appear.

In no event shall payment under this Article be paid to an employee who is on non-compensatory or approved time off.

Section 7 - Employee Benefits

The benefits provided and/or offered to employees covered by this Agreement are detailed in Group Health and Welfare Benefits Article of this Agreement.

ARTICLE 15 – EFFECT OF LAW/ SEPARABILITY

(A) Should any part hereof or any provisions herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or a decree of a court of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof and they shall remain in full force and effect.

(B) The Company and the Union shall, within thirty (30) days, negotiate the provision of the Agreement affected by such legislation or court decree. Any modification or changes to this agreement brought about by the above negotiations shall be in writing and signed by the parties hereto.

ARTICLE 16 – HOURS OF WORK

Section 1

No provision of this Agreement shall be construed as a guarantee of any specific number of hours of work either per day or per week. The Company will make every effort to schedule employees for full days and full weeks. The normal practice will be to establish work schedules on a weekly basis and follow these schedules as much as operational requirements will allow due to operational needs of the customer.

Section 2

Eight (8) consecutive hours, exclusive of an uninterrupted unpaid lunch period of thirty (30) minutes and two paid fifteen-minute breaks shall constitute a standard work shift. The Company reserves the right to alter this Section in emergency situations and when the customer requirements necessitate alteration.

Section 3

The Company may establish workweek schedules consisting of five (5) eight (8) hour workdays and two (2) consecutive days off within the workweek or a second shift schedule which consists of four (4) ten-hour workdays with three (3) consecutive days off within the pay period.

(a) The normal pay week shall consist of seven (7) consecutive days (beginning at 12:01 A.M.

on Saturday through the following Friday at 11:59 P.M.) beginning with the start of the third shift on Friday.

(b) The normal workweek shall consist of either:

1) Five (5) consecutive days with two (2) consecutive days off. The Company may establish workweek schedules consisting of five (5) eight (8) hour workdays and two (2) consecutive days off within the workweek; or,

2) Four (4) consecutive, ten-hour (10) days with three (3) consecutive days off.

Section 4

The Company will permit the employee to take a fifteen (15) minute rest period during each half of the work shift without loss of pay. Employees required to work beyond the end of their shift shall be entitled to a rest period at the beginning of the extra hours. Employees must work up to the start of the rest period and be at their place of work at the end of the rest period.

Section 5

In the event of a Base closure, Employees may utilize vacation or authorized LWOP in the event of Presidential Proclamation or Administrative or Executive Order which results in additional time off or base closure for part or all of the day due to inclement weather. Subject to Company approval and provided work is available, employees may be allowed to makeup work time when there is a delay in base opening or closing.

Section 6

At no time will an employee be allowed to report to work with less than eight (8) hours of rest from the end of one regularly scheduled shift and the beginning of the next scheduled shift. Four

(4) calendar days’ notice will normally be given for schedule changes. Changes to the schedule may be made at any time by mutual agreement of the parties.

ARTICLE 17 – OVERTIME

Section 1

The provisions of this Article are intended only to provide the basis for calculation and payment of overtime and shall not be construed as a guarantee of any specific overtime hours per day or per week.

Section 2

The Company reserves the right to require employees covered hereby to perform overtime work in order to meet government contract requirements. Employees offered overtime will be documented and the opportunity in and of itself will satisfy requirements for equalization of overtime in Section 6.

Section 3

(a) Overtime shall be paid for hours worked in excess of forty (40) in the workweek at one and one-half (1½) times the effective hourly rate.

(b) Work performed in excess of twelve (12) consecutive hours will be paid at two (2) times the employee’s effective hourly rate.

(c) Work performed on the sixth (6th) workday within the workweek will be paid at one and one-half (1½) times the employee’s effective hourly rate.

(d) Work…