Attachment 5_Collective Bargaining Agreements.pdf

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2021 - 2024

Collective Bargaining Agreement

Between

The Rockhill Group, Inc.

and

International Association of Machinists and Aerospace Workers

AFL/CIO, District Lodge No. 725 and Local Lodge No. 946

Beale, AFB

RQ-4 and U-2 CAT/CWD

Beale AFB, CA

Effective February 1, 2021 through January 31, 2024 http://www.sdsorlando.com/ http://www.sdsorlando.com/

TABLE OF CONTENTS

AGREEMENT

PREAMBLE

ARTICLE 1 – RECOGNITION

Section 1.1 – Recognition and Bargaining Unit

Section 1.2 – Union Rights

ARTICLE 2 – MANAGEMENT RIGHTS

Section 2.1 – Responsibilities of Company Section 2.2 – Waiver of Rights

ARTICLE 3 – UNION ACCESS TO OPERATIONS

Section 3.1 – Union Notification Requirements Section 3.2 – Company Representation During Visit

ARTICLE 4 – SHOP STEWARDS

ARTICLE 5 – GRIEVANCE PROCEDURES

Section 5.1 – Definition Section 5.2 – Procedure Section 5.3 – Cases of Suspension and Discharge

Section 5.4 – Waiver of Time Limits Section 5.5 – Grievance Content

Section 5.6 – Arbitration Request Section 5.7 – Arbitrator Selection Section 5.8 – Arbitrator’s Authority

Section 5.9 – Arbitrator’s Decision Section 5.10 – Arbitrator’s Fees

ARTICLE 6 – NO STRIKE/NO LOCKOUT

Section 6.1 – Strikes

Section 6.2 – Lockouts

ARTICLE 7 – BULLETIN BOARDS

ARTICLE 8 – BARGAINING UNIT OF WORK

Section 8.1 – Rights Section 8.2 – Part-time Employees

ARTICLE 9 – UNION SECURITY AND DUES CHECKOFF

Section 9.1 – New Hires Section 9.2 – Membership

Section 9.3 – Deductions Section 9.4 – Payment of Dues to the Union Section 9.5 – Indemnification

ARTICLE 10 – SENIORITY

Section 10.1 – Definitions Section 10.2 – Personnel Actions Section 10.3 – Layoff and Recall

Section 10.4 – Termination of Seniority Section 10.5 – Termination Notification

ARTICLE 11 – HOURS OF WORK

Section 11.1 – Workweek Section 11.2 – Work Hours Section 11.3 – Hours of Operation

Section 11.4 – Alternate Workweek/Flex Time Schedule

ARTICLE 12 – OVERTIME

Section 12.1 – Overtime Pay Section 12.2 – Mandatory Overtime

Section 12.3 – Overtime Calculation Section 12.4 – Pay Rate

ARTICLE 13 – CLASSIFICATION AND PAY

Section 13.2 – Pay Frequency and Method

ARTICLE 14 – COMPENSATION

Section 14.1 – Rates of Pay Section 14.2 – Health and Welfare Benefits Section 14.3 – Reporting Time

ARTICLE 15 – HOLIDAYS

Section 15.1 – Recognized Holidays Section 15.2 – Holiday Designation Section 15.3 – Employee Pay Status

Section 15.4 – Hours Worked on a Holiday Section 15.5 – Family Days

Section 16.1 – Qualifying Period Section 16.4 – Pay in Lieu of PTO Section 16.5 – Requesting PTO

Section 18.2 – Benefit Changes Section 18.3 – Benefit Applicability

ARTICLE 18 – OTHER BENEFITS

ARTICLE 19 – LEAVES OF ABSENCE

Section 19.1 – Length Section 19.2 – Seniority Rights

Section 19.3 – Extensions Section 19.4 – ADA

ARTICLE 20 – EDUCATION/TUITION PLAN

ARTICLE 21 – SUBSTANCE ABUSE

Section 21.1 – Drug and Alcohol Free Workplace Section 21.2 – Drug Testing Program

ARTICLE 22 – NEW JOBS

Section 22.1 – Notification Section 22.2 – Job Qualifications

ARTICLE 23 – SAVINGS CLAUSE

Section 23.1 – Invalidation of a CBA Provision Section 23.2 – Clause Replacement

ARTICLE 24 – SUCCESSORS AND ASSIGNS

ARTICLE 25 – NON-DISCRIMINATION

ARTICLE 26 – INSURANCE PLANS

ARTICLE 27 – PROMOTIONS

Section 27.1 – Seniority Rights Section 27.2 – Open Position Section 27.3 – Probationary Period

ARTICLE 28 – SECURITY

Section 28.1 – Union Recognition Section 28.2 – Violation of Security Agreements Section 28.3 – Security Clearances

Section 28.4 – Release of Liability

ARTICLE 29 – DURATION AND TERMINATION

Section 29.1 – Expiration Date Section 29.2 – Notice to Modify or Terminate Automatic Renewal Section 29.3 – Bargaining During Contract Term

ARTICLE 30 – INFORMATION TO THE UNION

Section 30.1 – Employee Information Section 30.2 – Seniority List

ARTICLE 31 - LEAD WORKER - DESIGNATION AND RESPONSIBILITIES ……

AGREEMENT

This Agreement made and entered into this 22nd day of January 2021, to become effective 1

February 2021 by and between The Rockhill Group (TRG), Inc., (hereinafter referred to as the

Company) and the International Association of Machinists and Aerospace Workers, AFL-CIO, District Lodge 725, and its affiliated Local Lodge 946 (hereinafter referred to as the Union).

PREAMBLE

The Parties have entered into this Agreement for the purpose of setting forth, in writing, the understandings they have reached with respect to wages, hours and working conditions of the

Pilot/Mission Planner Instructors, Instructor Sensor Operators, and Technical Employees covered hereby, as well as to the rights of the Union and the Company, and to provide a peaceful means for the settlement of any disputes that may arise with respect to the interpretation or application of their understandings and agreements as set forth herein.

For purposes of simplicity, the masculine gender is used throughout this Agreement although it is understood that all references to gender include both sexes.

ARTICLE 1

RECOGNITION

Section 1.1 – Recognition and Bargaining Unit. The Company hereby recognizes the Union as the sole and exclusive bargaining representative of employees of TRG, performing work at the

Beale Air Force Base, in the bargaining unit certified by the National Labor Relations Board in

Case No. 20-RC-17699 excluding all Supervisors and Guards as defined in the Act, for the purpose of collective bargaining with respect to wages, hours of work and other conditions of employment of employees in the bargaining unit as herein defined.

Section 1.2 – Union Rights. The specific terms of this contract shall be the sole source of any rights that may be asserted by the Union against the Company.

ARTICLE 2

MANAGEMENT RIGHTS

Section 2.1 – Responsibilities of Company. 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 just cause; to establish the methods, processes and means of providing services; and otherwise to take such measures as management may determine to be necessary to the orderly, efficient or economical operation of the business. It is understood and agreed that any of the powers and authority which the Company had prior to the signing of this Agreement are retained by the Company except those specifically modified, delegated or granted by this Agreement.

The Performance Work Statement (PWS, Contract Number FA4890-18-C-002, or revisions thereof) is an agreement between the government contracting office and the Company for work completed under the RQ4/U2/CWD contract. The Company in collaboration with the government contracting office holds all responsibility for interpreting work and expectations defined by the

PWS. The Company agrees to inform the Union of any changes or modifications to the PWS that directly relate to the Bargaining Agreement. Both Parties agree to meet and confer over said changes and negotiate in good faith mutually agreed upon modifications to this agreement in respect to said changes.

Section 2.2 – Waiver of Rights. The Company's failure to exercise any right, prerogative, or function hereby reserved to it, or the Company's exercise of any such right, prerogative, or function in a particular way, shall not be considered a waiver of the Company's right to exercise such right, prerogative, or function or preclude it from exercising the same in some other way not in conflict with the express provisions of the Agreement.

ARTICLE 3

UNION ACCESS TO OPERATIONS

Section 3.1 – Union Notification Requirements. The Company agrees that the Business

Representative and/or Grand Lodge Representative of the Union will be allowed access to the premises, subject to approval of the Air Force for the purpose of representing the bargaining unit employees. Before a Union Representative visits the shop, the Union will notify the Lead(s) as to the purpose of the visit. Such visits shall not unduly interfere with production or work being performed. The Union Representative shall notify the Lead(s) or his/her designee when he/she is arriving at and leaving the Company's operations. The Company will sponsor Union

Representatives (in so far as possible) as a contractor when the Air Force provides for such contractor identification.

Section 3.2 – Company Representation During Visit. The Company, if it desires, may have a

Company Representative accompany the Union Representative while he/she is visiting its operations. The Company shall allow the Union Representative privacy upon request for the purposes of conducting Union business.

ARTICLE 4

SHOP STEWARDS

The Company shall recognize one (1) employee to act as Shop Steward for each base. The Shop

Steward shall be duly selected by the Union. The Union will notify the Company of the elected

Shop Steward. When elections for Shop Steward are held, the Company, with concurrence of the

Air Force, will allow the election on Company used office space. Elections for Shop Steward held in Company used office space shall take place outside of normal work hours and shall not interfere with the operations of the Company. The Company shall recognize one (1) employee designated by the Union as an alternate shop steward. The alternate shop steward shall act in the place of the

Shop Steward during his absence.

ARTICLE 5

GRIEVANCE PROCEDURE

Section 5.1 – Definition. For purposes of this Agreement, a grievance is defined as a dispute between the Company and the Union with respect to the alleged violation of a specific provision of this Agreement.

Section 5.2 – Procedure. Grievances as herein defined shall be processed in keeping with the following procedure:

Step 1. Both parties encourage the verbal resolution of disputes as quickly as possible. An aggrieved employee, with his/her steward, shall discuss the dispute with the Program Manager within seven (7) business days of the aggrieved action or knowledge thereof. If the grievance has not been satisfactorily resolved within seven (7) business days following its presentation to the Program Manager, then, Step 2. The grievance must be submitted in writing on an IAM Grievance

Statement Form sent within seven (7) business days of receiving the Program

Manager’s response in Step 1. All written communication for Step 2 and thereafter through the grievance process is sent via email communications with delivery receipt and must be followed by an acknowledgement from the recipient within 24 hours. No grievance may be submitted later than thirty (30) days after its occurrence. The Program Manager shall give their written response to the grievance within seven (7) business days of receipt. If the grievance is not satisfactorily resolved within seven (7) business days, or a timeline as agreed upon by both parties following the Program Manager’s response, Step 3 may be invoked.

Step 3. The Union Business Representative and the Director of Human Resources or designated Labor Relations Representative agree to negotiate in good faith to resolve the grievance. If, after 60 days of invoking Step 3, the grievance remains unsolved and all resolution options are deemed as exhausted by either party in writing, Step 4 may be invoked.

Step 4. Arbitration Appeal. The Union or the Company may appeal the grievance to arbitration by making a written request for such action within not more than thirty

(30) days from the date of the final written response in Step 3.

Section 5.3 – Cases of Suspension and Discharge. The parties understand and agree that the time limits set forth in the various steps of the grievance procedure are essential to the prompt resolution of the grievances. If at any point during the resolution process, Union resolution efforts and/or communications cease, or the timeline is not met, except in those instances where the parties mutually agree in writing to extend such time limits, the grievance shall be waived. Likewise, should the Company resolution efforts cease, or the timeline is not met, except in those instances where the parties mutually agree in writing to extend such time limits, the grievance shall be awarded. In cases involving suspension or discharge, the grievance process will begin at Step 3 no more than seven (7) days following such action by the Company or knowledge therefore, and to include a written grievance on Union letterhead from the Union Business Representative to the

Director of Human Resources or designated Company Labor Relations Representative following such action by the Company. A final decision made with respect to any grievance in the first or second step of the grievance procedure 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 in interpretation of this Agreement. All settlement of grievances in Step 1 or Step 2 must be consistent with the terms and conditions of this Agreement.

Section 5.4 – Waiver of Time Limits. No employee may leave the job, take up, or settle a grievance without requesting permission from the Lead Worker. 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. Any other employees in the bargaining unit attending a grievance meeting at any step are subject to the same provisions.

Section 5.5 – Grievance Content. The written grievance shall contain the following information:

1. Name(s) of the employee(s) involved.

2. Approximate date of alleged grievance

3. Date of first discussion of the grievance with the immediate Supervisor

4. Nature of the grievance

5. Current date

6. Article/Section of Agreement violated, and

7. Requested remedy.

Section 5.6 – Arbitration Request. Upon receipt of a notice to take a grievance to arbitration, the Parties shall jointly request the Federal Mediation and Conciliation Service to furnish a panel of seven (7) arbitrators for the purpose of selecting an arbitrator. Only the Union or the Company may invoke arbitration on the other.

Section 5.7 – Arbitrator Selection. Upon receipt of the panel, the Parties shall make mutually satisfactory arrangements for the purpose of selecting an arbitrator by the process of alternately striking the names from the list until only one (1) remains. The last remaining member shall serve as arbitrator. The Party initiating the grievance shall strike the first name from the panel. Either

Party may reject one (1) panel. Upon such rejection, an additional panel shall be requested in writing from the Federal Mediation and Conciliation Service by the party rejecting such panel with a copy of such request to the other Party.

Section 5.8 – Arbitrator’s Authority. The arbitrator's authority shall be limited to disposition of the grievance arising under the contract, and he may only interpret and apply the Contract provisions to the facts of the particular grievance. The arbitrator shall have no power or authority to change, alter, modify, detract from or add to the terms of this Agreement. No award shall have retroactive effect prior to the date of the occurrence, which led to the filing of the grievance upon which the arbitrator's award is based.

Section 5.9 – Arbitrator’s Decision. The arbitrator's award shall be final and binding upon the

Company, the Union and the bargaining unit employees.

Section 5.10 – Arbitrator’s Fees. The fees and costs of the arbitrator shall be borne equally by the Parties. Each Party shall otherwise pay its own costs and expenses.

ARTICLE 6

NO STRIKE/NO LOCKOUT

Section 6.1 – Strikes. During the term of this Agreement, the Union, its officers, agents, representatives and members covered by this Agreement, agree that there shall be no strikes

(including sympathy strikes), concerted failure to report for duty, concerted absence of employees from their positions, concerted stoppage of work, concerted submission of resignations, concerted abstinence in whole or in part by any group of employees from the full and faithful performance of their duties of employment or acts of a similar nature which would interfere with production.

Should the Union or employees covered hereunder breach this Article, the Company may discipline the employees involved up to and including discharge. In such event, the Union or affected employee may grieve disciplinary actions taken against any such employee only with regard to a question of an employee's participation in any of the above-described activities.

However, once participation has been established, management's actions are no longer subject to the grievance procedure. In the event that employees cease work in violation of this Article, such employees shall not be entitled to any benefits or wages while they are engaged in such cessation of work.

Section 6.2 – Lockouts. The Company agrees that for the duration of this Agreement there shall be no lockouts. A lockout as mentioned herein shall not be construed as the closing down of the operation or any part thereof or curtailing any operations for business reasons.

ARTICLE 7

BULLETIN BOARD

The Company agrees to provide bulletin board space in the working area for the purpose of posting legitimate Union notices. This bulletin board may be used by the Union for the purpose of conveying official information from the Union to bargaining unit employees. The Union shall be the sole user of the bulletin board and only documents, which constitute official Union business, will be posted. The Union will not use the bulletin board to criticize the Company or its agents in any respect. All information to be posted is subject to advance approval of the Lead Worker for compliance with the standards set forth in this Article. The Company will not remove information, which it has approved for posting on the bulletin board.

ARTICLE 8

BARGAINING UNIT WORK

Section 8.1 – Rights. The Company shall retain the right to determine the number of employees necessary to accomplish the work called for in providing services under its contract with the Air

Force. In the event that the Company decides to use part-time workers, currently employed bargaining unit employees will be offered the opportunity to voluntarily switch to part-time status.

Qualified employees who were previously laid off (refer to Section 10.4 (c)) or retired will be given first right of refusal for such part-time positions in the event that no current bargaining unit employees switch to part-time status. In that event, laid off employees will be given the first opportunity, using the recall procedures specified in Article 10.

Section 8.2 – Part-time Employees. Part-time employees are compensated at the same wage rate as full-time employees and are paid on all hours worked. Part-time employees (only) will receive a Health and Welfare allowance paid as additional compensation shown in table #1 below to the base wage rate as defined in Article 14 Table 3.

Table #1

02/01/2021 02/01/2022 02/01/2023

$9.00 per hour $9.00 per hour $9.00 per hour

In addition, part-time employees will be compensated on a pro-rata basis for paid time off (PTO) for each hour worked.

Table #2

Years of Service Paid Time Off (PTO)

Allotment

Formula

Less than 3 years

(35 months)

Hourly Rate *V/H

Allotment /2080

3 years and less than 8 years

(36 months – 95 months)

Hourly Rate *V/H

Allotment /2080

8 years and less than 15 years

(96 months – 179 months)

Hourly Rate * V/H

Allotment /2080

15 Years or more

(180+ months)

Hourly Rate * V/H

Allotment /2080

Section 8.2 (a) – 401 (k) Plan. Part-time employees are eligible to participate in the Company 401(k) Plan.

Section 8.2 (b) – Reporting Pay. In the event a part-time employee reports to work and is unable to perform his or her duties as a result of an operational schedule change or trainer failure, he or she will be compensated a minimum of two (2) hours pay.

Section 8.2 (c) – Definition. Part-time employees are those who are routinely scheduled for less than 32 hours per week to meet the requirements of the daily schedule. Employment classification is conveyed in the employee's offer letter.

Changes from part-time to full-time status are made through a formal offer letter or internal signed rate sheet.

Section 8.2 (d) – ACC Family Days. Any reduction in the number of ACC Family

Days will result in a corresponding reduction in the number of hours used for calculating PTO. Reductions will be made in the first pay period following the reduction.

Section 8.2 (e) – Working Rate. A working rate of pay shall be considered the base rate of pay, Lead Worker pay, Assistant Lead Worker pay, and H&W allowance. However, H&W allowance pay shall not be paid during overtime hours for full-time employees.

ARTICLE 9

UNION SECURITY AND DUES CHECKOFF

Section 9.1 – New Hires. All employees covered by this agreement shall, as a condition of employment, become members of the Union immediately after ninety (90) calendar days of employment, and remain members in good standing during the term of this agreement.

Section 9.2 – Membership. The Union will make membership in the Union available to all employees covered by this agreement on the same terms and conditions as are generally applicable to other members of the Union, and further, demands for termination of employment will not be made for reasons other than failure of an employee to tender dues and fees uniformly required as a condition of acquiring or retaining membership in the Union.

Section 9.3 – Deductions. Upon receipt of proper authorization, signed by the employee, the company shall deduct from the employees pay, the initiation or reinstatement fee, and semi-monthly dues payable by them, to the Union, in an amount as directed by the Union for the period specified, so long as he/she remains in the bargaining unit.

Section 9.4 – Payment of Dues to the Union. The sums deducted as stated above shall be forwarded to the designated financial officer of the Union no later 10 days following the month in which the deductions are made.

Section 9.5 – Indemnification. The Union will indemnify and hold the company harmless from and against any and all claims, demands, charges, complaints or suits instituted against the company which are based on or arise out of any action taken by the company in accordance with the foregoing provisions of this Article, or in reliance on any list, list notice or assessment furnished under any of such provisions.

ARTICLE 10

SENIORITY

Section 10.1 – Definitions.

Section 10.1 (a) - Seniority. Seniority shall mean an employee's length of continuous service on current or predecessor contract(s). If application of the preceding sentence results in two (2) or more employees having the same seniority date, the employee with the earliest date of birth shall be deemed most senior.

Seniority shall be applicable only as expressly provided in this Agreement.

Section 10.1 (b) - Seniority List. The Company will publish and display a seniority list showing dates of hire for all employees, by classification, within sixty (60) days of the effective date of this Agreement and, subsequently, when a change in the

Seniority list occurs.

Section 10.1 (c) - New Hires. New employees shall be on probation for ninety

(90) calendar days from the initial hire date during which time they may be discharged at the sole discretion of the Company. If retained after the probationary period, their names shall be placed on the Seniority List as of their date of hire.

Section 10.2 – Personnel Actions. Seniority shall not be used as a factor in personnel actions, provided however, that seniority will be considered by the Employer in making layoff, recall and promotion decisions depending on the requirements of the Company's contract with the Air Force and if all other factors, including but not limited to qualification, skill and ability, are equal.

Section 10.3 – Layoff and Recall

Section 10.3 (a) Layoff. The Company will provide thirty (30) days advance notice to those employees affected by a layoff when possible. Employees will receive a maximum of 80 hours PTO paid out upon layoff with 30 days or greater advance notice. Employees will receive PTO payout for all earned and unused PTO hours accrued in the current calendar year upon layoff with advance notice less than 30 days. Company may approve leave during notice period to minimize lost hours upon layoff.

Section 10.3 (b) - Notice of Recall. The Company will forward notice of recall by certified mail to the last known address of the employee reflected on Company records. A laid off employee shall promptly notify the Company of any change of address. The employee must, within three (3) calendar days of delivery or attempted delivery of the notice of recall, notify the Company of his intent to return to work on the date specified for recall and thereafter return to work on such date. It is agreed that, when possible, the Company will allow recalled employees up to two

(2) weeks to return to work. Employees who fail to properly notify the Company of their intent to return to work or fail to return to work as scheduled will be considered as a voluntary quit.

Section 10.4 – Termination of Seniority. An employee's seniority shall be terminated and his rights under this Agreement forfeited for the following reasons:

Section 10.4 (a) – Discharge. Discharge for just cause, retirement, or resignation

(quitting for whatever reason);

Section 10.4 (b) – Failure to Return to Work after Recall. Failure to give notice of intent to return to work after recall within the time period specified in Section

10.3 (b) of this Article, or failure to return to work on the date specified for recall, as set forth in the written notice of recall.

Section 10.4 (c) – Employment Lapse. Time lapse of six (6) months, or for a period equal to the employee's seniority (whichever is less), since the last day of actual work for the Company, regardless of reason.

Section 10.4 (d) – Failure to Return to Work after a LOA. Failure to return to work upon expiration of a leave of absence, unless the Company, in its sole discretion, determines that it is legally obligated to extend the leave of absence.

Section 10.5 – Termination Notification. The Company shall notify the employee and the

Union, in writing, of the reason for termination within five (5) business days following such action.

ARTICLE 11

HOURS OF WORK

Section 11.1 – Workweek. The normal workweek will begin at 12:01 AM Sunday and end at midnight the following Saturday. The normal but not guaranteed workweek for each employee shall consist of five (5) days per week from Monday through Friday. An instructor schedule will be one in which the employee's normal but not guaranteed work week is a forty (40) hour, five (5) day per week schedule. Employees whose work schedules permit, as determined by the Lead worker, will be allowed to take one-half hour lunch breaks (IAW California state law), with the prior approval of the Lead worker. This approval will not be unreasonably denied.

Section 11.2 – Work Hours. The normal workweek hours will be from 0630 to 1800, Monday through Friday. Flex time schedules may exceed this timeframe, under the provisions of Section

11.4, Alternate Workweek/Flex Time schedule.

Section 11.3 – Hours of Operation. The hours of operation are defined in the Company's contract with the Air Force. The Union acknowledges the responsibilities of the Company's operation as they are related to the support of the United States Air Force (USAF) objectives. The parties realize the USAF may, from time to time, make unusual and immediate demands in conjunction with support requirements. Consequently, all personnel may be called upon to perform whatever duties are required for adequate performance of support requirements for the mission and operational capabilities for U-2/T-38 and RQ-4 Aircrew Training.

Section 11.4 – Alternate Workweek/Flex Time Schedule. An employee may request an adjustment to the normal workweek schedule or request flex time scheduling within the same pay period under the following conditions:

Section 11.4 (a) – Submission and Approval. All requests will be submitted through the Union Shop Steward and approved by the Lead Worker. The Lead

Worker has sole authority to approve, disapprove or rescind any request for alternate workweek or flex time schedules. The Lead Worker will provide at least

48 hours’ notice prior to rescinding a previously approved alternate workweek schedule.

Section 11.4 (b) – Schedule. Flex time scheduling must occur and be completed by the end of the following pay period in which time off was taken.

Section 11.4 (c) – Work Restriction. No employee may work more than 10 hours in a single workday during an alternate workweek or flex time schedule. However, an employee may choose to work up to twelve (12) hours, if asked by the Lead

Worker.

Section 11.4 (d) – Overtime Waiver. The employee agrees to waive any overtime payment when an alternative workweek or flex time schedule results in the employee working more than 8 hours in a day.

ARTICLE 12

OVERTIME

Section 12.1 – Overtime Pay. Any employee working approved overtime exceeding eight (8) hours in a 24-hour period or works more than 40 hours in a workweek will receive overtime pay at the rate of one and one-half times the employee’s base rate. Overtime will be approved and authorized by the Program Manager and in accordance with Article 11.

Section 12.2 – Mandatory Overtime. During peak performance periods, the Company has the authority to require overtime in order to fulfill contract requirements. A volunteer in the required specialty will be given priority. Overtime will be paid at the rate of one and one-half times the employee’s base rate for all hours or parts thereof which exceeds eight (8) hours in a 24-hour period or 40 hours in one workweek and in accordance with Article 11.

Section 12.3 – Overtime Calculation. For purposes of calculating overtime, no Paid Time Off

(PTO) of any type, or unapproved hours, will be used to calculate an employee’s actual workweek.

Overtime hours is defined as one and one-half (1.5) times base wages for hours exceeding 8 hours but less than 10 hours per day, 40 hours per week, or as determined by state law. Overtime hours exceeding 10 hours per day is defined as two (2) times base wages, 40 hours per week, or as determined by state law. Compensation defined as one and one-half (1.5) or two (2) times pay is not eligible for inclusion in overtime calculations. Overtime is only authorized upon approval by the Program Manager and in accordance with Article 11.

Section 12.4 – Pay Rate. An employee will be paid at the rate of twice times their base rate for any hours or partial hours worked on a holiday. This is not intended to pyramid overtime; rather this pay is considered overtime.

ARTICLE 13

CLASSIFICATION AND PAY

Section 13.1– Pay Frequency and Method. All wages payable to employees hereunder shall be paid semi-monthly on the 15th and the last day of each month via required direct deposit.

ARTICLE 14

COMPENSATION

Section 14.1 – Rates of Pay. The following wage rates will be effective February 1, 2021 and for the period of this Agreement and apply to all bargaining unit employees:

Table #3

2/01/2021

3%

2/01/2022

3%

2/01/2023

3%

Pilot/Mission Planner Instructor/SME $74.35 $76.58 $78.87

Sensor Operator Instructor/SME $57.45 $59.18 $60.95

Education Technologist $55.07 $56.73 $58.43

BRI Programmer/ CBT Specialist $55.07 $56.73 $58.43

Graphic Artist $53.28 $54.88 $56.53

Word Processor I $34.06 $35.08 $36.14

Section 14.2 – Health and Welfare Benefits. The following health and welfare rates (Table #4) for the period of this Agreement shall apply, and be paid to all full-time bargaining unit employees, not to exceed 2080 hours in year:

Table #4

2/01/2021 2/01/2022 2/01/2023

$9.00 per hour $9.00 per hour $9.00 per hour

Section 14.3 – Reporting Time. Full-time employees reporting for work will receive a minimum guarantee of four (4) hours work or pay. This section does not apply to any employee who voluntarily leaves work early. Part-time employees scheduled to work, which was cancelled within two (2) workdays, shall be paid four (4) hours of pay.

Instructor Sensor Operators (ISO) are allotted eight (8) hours of post flight recovery and will not be involuntarily scheduled for a training event within 8 hours of the end of the flight duty period when performing flight duties. Lead Worker will manage the schedule to ensure reporting time after post flight recovery is provided. ISO is not eligible for overtime hours due to extended flight duty without prior approval by the Program Manager. Flex schedule may be used to offset flight hours or make up hours missed due to post flight recovery. ISO is not paid for missed, unworked hours due to post flight recovery. Employees, via written request and written approval by the

Program Manager may participate in government-led briefings, training, and meetings during the normal workday when deconflicted with scheduled events and for TRG direct contract work only.

Employees, except those designated as a Lead Worker, are not authorized to attend meetings, briefings, or other events directly related to contract matters.

Section 14.4 – Flight Pay. When an Instructor Sensor Operator is acting in the capacity of a

Flight/Aircrew Instructor (pre-brief, flights [which include live operations and training missions], and de-brief only), will be paid an additional $3.50 per hour. Sim missions are not included.

Section14.5 – Government-Directed Worksite Closures. Employees shall comply with

Government directions regarding emergency base closures relating to the safety and welfare of base employees, such as and not limited to fires and weather. If the Government closes the base during a normal workday; affected employees shall delay their report time until the Government specified time or until the next normal workday (whichever is earlier) and will be paid for normal workday.

ARTICLE 15

HOLIDAYS

Section 15.1 – Recognized Holidays. The following eleven (11) days each year shall be paid holidays. Full-time employees will receive eight (8) hours pay at their working rate of pay.

New Year's Day Labor Day

Martin Luther King Day Presidents' Day

Veterans’ Day Memorial Day

Thanksgiving Day Christmas Day

Independence Day Columbus Day

Christmas Eve

And mandated holidays declared by the Federal Government to include Congress and the President of the United States.

Section 15.2 – Holiday Designation. Any Holiday falling on a weekend day will be celebrated on the day set by the Air Force. Employees will not be required to work on a holiday except when dictated by the operational needs of the Air Force and the Company.

Section 15.3 – Employee Pay Status. An employee must be on a paid status on the business day before and on the business day after a holiday occurs in order to receive holiday pay. The employee’s business day will be considered the day the employee is scheduled to work before and after the holiday. A paid status is defined as receiving pay for hours worked, PTO, bereavement, military leave with differential pay, or jury duty.

Section 15.4 – Hours Worked on a Holiday. All hours or partial hours worked on a Holiday will be paid at twice the employee’s working rate of pay. This is not intended to pyramid overtime;

rather this pay is considered overtime.

Section 15.5 – Family Days. Full-time employees will be provided 8 hours of Company Paid

Time Off (CPTO) for Family Days designated by Air Combat Command (ACC) or Beale AFB

Installation Commander. A maximum of five (5) days per calendar year will be designated as

Family Days.

Section 15.5 (a) - Alternate Work Schedule. Full-time employees who are on an alternate workweek schedule will be required to make up the difference in

Holiday/Family Day hours and scheduled work hours on a day or days determined by the Lead Worker. All make up hours must occur within the same pay period.

Section 15.5 (b) - Rescinding an Alternate Work Schedule. The Lead Worker has full authority to rescind an alternate workweek or flex time schedule of any employee attempting to abuse the alternate workweek or flex time policy in order to maximize time off during the week of a Holiday or ACC Family Day.

ARTICLE 16

Personal Time Off (PTO)

Section 16.1 – Qualifying Period. The qualifying period for PTO shall commence with the original date of employment of the respective employee, as outlined in the Federal Government’s

Wage Determination, and shall be measured on the basis of an employee’s anniversary date.

Section 16.2 – PTO Hours (Table #5). (For part-time employees see section 8.2)

Table #5 Years of Service Hours Per Pay period Hours Per Year Days Per Year

Less than 3 years

(35 months or less) 5 hours 120 hours 15 days

3 years and less than 8 years

(36 months – 95 months)

6.67 hours 160 hours 20 days

8 years and less than 15 years

(96 months – 179 months)

8.33 hours 200 hours 25 days

15 and over

180+ months 10 hours 240 hours 30 days

Section 16.3 – PTO Carryover. In accordance with CA law, employees will not be subject to carryover limits. The Lead Worker approves or denies PTO based on contract expectations, seniority, and allowable limits. Employees hold full responsibility to use all necessary leave prior to the end of the contract, within approval guidelines, and to avoid lost hours per the payout maximum. The Company reserves the ability to limit the number of employees approved for leave taken at the same time. The Company is not liable for hours lost due to denied leave as a result of the maximum number of allowed employees on leave at the same time, last minute requests, or inability to accommodate excessive leave balances at the end of the contract.

Section 16.4 – Pay in Lieu of PTO. Employees may not request pay in lieu of time off for PTO.

The intent of this provision is to cause each employee to use PTO awarded for time off. PTO shall be paid at the employee's working rate of pay at the time PTO is taken.

Per this Collective Bargaining Agreement and in accordance with California Labor Code 227.3, PTO will be paid out at a maximum of 80 hours at the working wage rate as defined by Article 8.2

(3) and base wages in Article 14 Table 3 upon layoff with 30 days or greater advance notice, termination, and end of contract separation from employment with the Company.

Section 16.5 – Requesting PTO. PTO shall be taken at such time as designated by mutual agreement between the Company and employee and shall not be canceled unless required by the operational needs of the Air Force or the Company. PTO can be taken in hourly increments as desired, consistent with scheduling needs of the Company.

It is understood that all Bargaining Unit employees will maintain (continuation of) their seniority for all purposes associated with contract change over. Leave without pay may be utilized to offset previous unused PTO with the incumbent contractor during the first contract year, with approval of such time off, from the Company.

ARTICLE 17

401(k) PLAN

Section 17.1 – Contribution – All employees covered under this agreement shall be eligible to participate in the company sponsored 401(K) Savings Plan. Employees will be permitted to contribute their own monies via payroll deduction up to the maximum allowable by IRS regulations.

ARTICLE 18

OTHER BENEFITS

Section 18.1 – Bereavement Leave

Bereavement Leave of up to a maximum of 40 hours per incident will be granted when the employee requests an absence from work due to a death in his/her immediate family. "Immediate family" includes the employee's:

(1) Parents (employee's parents, stepparents, or an individual who stood in the place of a parent to the employee when the employee was a child).

(2) Current spouse or current same sex domestic partner.

(3) Children, stepchildren, and their current spouses.

(4) Siblings, stepsiblings, half siblings, and their current spouses.

(5) Grandparents, step-grandparents, grand-children, and step-grandchildren.

(6) Current spouse's or current same sex domestic partner's parents (same definition as employee's parents), grandparents, step-grandparents, children, stepchildren, grandchildren, and step-grandchildren.

(7) Current spouse's or current same sex domestic partner's siblings, stepsiblings, half siblings, and their current spouses.

Employees will use PTO for absences relating to deaths of individuals not considered immediate family members and may be approved for unpaid leave once PTO is exhausted per company policy. The employee should notify the Company of the absence as soon as possible. The 40 hours of bereavement leave need not be taken consecutively. The 40 hours of bereavement leave will be paid at the employee’s regular base rate of pay as defined in Article 14.1. The Company may request employees to provide documentation for approval of bereavement leave pay.

Section 18.2 – Jury Duty

Employees who are required by proper court order or summoned to be absent from work in connection with jury duty or testimony will be paid the earnings he would have received for a regular scheduled eight (8) hour shift. Employees called for jury duty or testimony and released by the court with less than four (4) hours service (including travel time) will be expected to return to work for the remaining portion of his normal workday. Payment will be made at the employee's regular base pay rate.

Section 18.3 – Travel

Represented employees traveling at the request of the Company will follow U.S. Government Joint

Travel Regulations for reimbursement of travel-associated costs.

When an employee is required to work TDY, they shall be paid the working hourly rate plus applicable overtime in accordance with the JTR, state law, and flex schedule.

If an employee is sent TDY, they shall receive approved reimbursement, in addition to the above, transportation, lodging, mileage (when using personal vehicle), upon receiving employee’s itemized receipt.

All travel reimbursements require an itemized receipt to accompany travel voucher upon request for reimbursement and must be submitted within five (5) business days following return from

TDY.

Added expenses, to include and not limited to additional baggage, business or first-class seats, other airline expenses, rental car or hotel upgrades, or alternate travel locations must be approved by the Program Manager in advance.

Employees on TDY for two or more consecutive workweeks and requires the employee to be away from home over a normally unscheduled weekend will be reimbursed for laundry expenses per

JTR guidelines.

The Company will provide one PTO day for each weekend day when an employee on TDY is required to be away from home over an otherwise unscheduled weekend for work that carries into the next consecutive workweek unless the employee is in a paid status or voluntarily stays later or arrives earlier than the TDY requires.

When TDY is necessary to fulfill contract requirements, the Company will first seek volunteers to conduct the business travel assignment. In the event volunteer efforts fail, the Company will use reverse seniority to assign an employee for TDY. To ensure a fair and equitable selection process, reverse seniority does not reset based on scheduled travel, and only after all applicable employees have been selected.

Section 18.4 – Military Leave

Any employee of the Company who is inducted into or recalled to military service of the United

States and who by reason of such service is entitled under the law to be regarded as a Veteran, shall, upon his general or honorable discharge and his receipt of a certificate of the satisfactory completion of his military obligation, be accorded all rights of The Uniformed Services

Employment and Reemployment Rights Act of 1994. Employees will be eligible for differential pay for military leaves of absence. For the purposes of this agreement the “Annual Military

Allotment” will be 22 days (176 hours) per calendar year and is paid on the first 176 hours of approved military leave taken each calendar year. Differential pay will be calculated based on the employee’s base rate of pay, as defined in Article 14.1 for the number of days or hours on military leave. Military pay in the differential calculation will include base pay only. The employee must provide a current LES within 21 calendar days of the dated LES. Eligible military leave taken and not supported by an submitted LES within 21 days may be subject to forfeiture of military leave differential unless otherwise approved in advance by the Program Manager.

Employees who are called to service for more than thirty (30) consecutive days of active duty or military training will be furloughed in accordance with USERRA regulations and reemployed as required and in compliance with USERRA and company policy. Employees who are furloughed for active-duty military service are classified in an inactive, unpaid employment status and will return to active, paid status upon reemployment in compliance with USERRA.

All full-time employees who serve in an active-duty capacity as a military Reservist or otherwise, are required to inform the Company of any active-duty service requirements as soon as possible prior to the service date or knowledge thereof, if such service occurs during the contract and/or

PWS workweek. The employee may complete a form providing details regarding the active-duty period as long as it does not violate any security protocol. However, the employee may opt to provide verbal notice of military service direct to the Director of Human Resources and Program

Manager only (email is acceptable) and in place of the written form as allowed under USERRA. .

Information provided must be in compliance with the Company Military Leave Policy and associated checklists and forms provided such policies, forms and checklists are not in conflict with USERRA. Employees who provide false information are subject to disciplinary action up to and including termination. The Company reserves the right to verify active-duty service information provided by the employee as allowed by law. The Company agrees to inform the union in writing upon knowledge of any concerns relating to an employee’s active-duty service.

Section 18.5 – Benefit Changes. The Company will make all reasonable attempts to maintain the best possible balance of cost and quality and shall notify the Union should a material change be required to maintain this balance.

Section 18.6 – Benefits Applicability. The benefits will apply to all bargaining unit employees.

If there are any subcontractor arrangements, the benefits offered by the subcontractor will match as closely as possible to those benefits offered by the Company.

Section 18.7 – IAM Pension. The Company shall contribute to the I.A.M. National Pension Fund, National Pension Plan for each day/hour or portion thereof to a maximum of forty (40) hours per work week for which employees in all job classifications covered by this Agreement are entitled to received $2.00 per hour of pay under this Agreement. In addition, effective February 1, 2021, the Company will contribute to the Fund under the schedule of additional contribution rates required under the Preferred Schedule of the Rehabilitation Plan adopted by the Board of Trustees of the Fund on April 17, 2019 (the “2019 Rehabilitation Plan”), which is incorporated by reference into the Supplemental Agreement. Effective on the Adoption Date, and on each Adoption Date anniversary, the Employer’s contribution rate otherwise obligated under the CBA will increase by a compounding 2.5% while the Rehabilitation Plan remains in effect.

ARTICLE 19

LEAVES OF ABSENCE

Section 19.1 – Length. Leaves of absence without pay may be granted at the sole discretion of the Company upon request by an employee, for a period not to exceed sixty (60) calendar days.

Except in cases of emergency, employees must request such unpaid leaves to the Lead Worker,…