Attachment 9 - Final MHCAIA CBA - Signed.pdf

COLLECTIVE BARGAINING

AGREEMENT

BETWEEN

PKL SERVICES, INC

and

THE MOUNTAIN HOME CONTRACTOR AVIATION

INSTRUCTOR’S ASSOCIATION

F-15SG RSAF Aircrew Training

Mountain Home AFB, Idaho

Effective

27 July 2018

DocuSign Envelope ID: 60360041-E0B5-47E4-B097-58DCB946F789

TABLE OF CONTENTS

ARTICLE TITLE PAGE

Preamble – Purposes

1 Recognition

2 Rights of Management

3 Association and Company Relations

4 Grievance Procedure and Arbitration

5 No Strike/No Lockout

6 Seniority

7 Promotions

8 Workweek and Hours of Work

9 Overtime

10 Travel

11 Classifications and Rates of Pay

12 Holidays

13 Paid Time Off (PTO)

14 Bereavement and Civic Leave

15 Leave of Absence

16 Military Leave

17 Health, Safety, and Security

18 Miscellaneous

19 Work Force Administration

20 Insurance Plans

21 Savings Plan and ESOP

22 Successors and Assigns

23 Effect of Law

24 Duration and Termination

Signatures of the Parties

Alphabetical Index

PREAMBLE - PURPOSES

This Collective Bargaining Agreement, hereinafter referred to as “AGREEMENT”, is entered into by and between PKL Services, Inc., hereinafter referred to as “COMPANY” or “EMPLOYER”, and The Mountain Home Contractor Aviation Instructor’s Association

(MHCAIA), hereinafter referred to as the “ASSOCIATION”.

Further it is the mutual intent of the parties to secure efficiency of the operation and production of the employees; that operations and duties be faithfully performed in order for the Company and its employees to fulfill their mutual and vital responsibilities to the

Government; that the business of the Company must be operated with due regard to competitive conditions; to promote harmony between the Company, its employees, and the Association for the benefit of the Company, its employees, and the Government.

It is recognized by the Agreement to be the duty of the Company, the Association, and the employees to cooperate fully, both individually and collectively, for the advancement of said conditions; and to provide a fair and prompt grievance procedure for the peaceful settlement of the employees’ grievances; and to provide that there shall be harmony between the Company and its employees during the term of this Agreement.

The Association recognizes that the Company is a contractor of the Federal Government and that the Company is required at all times to fully meet its obligations as a contractor.

Nothing in this Agreement is intended to prevent the Company from fully meeting its obligations and responsibilities as a contractor. The Association recognizes that from time to time the Government may impose various legal and/or lawful demands or obligations upon the Company and that the Company must meet such demands or obligations or complies with such rules and regulations as may be promulgated or imposed by the

Government.

The obligation that rests with the Company to provide, and upon the employees of the

Company to render, honest and efficient service, is recognized by both parties. A spirit of the cooperation between the employees and the Company is essential to efficient operation, and both parties should conduct themselves so as to promote this spirit. The responsibility for success rests equally with the Company and the employees. In this spirit, the Company and the Association are desirous of effectuating an Agreement which will:

(a) Provide for rates of pay, rules, and working conditions of employees represented by the Association;

(b) Provide for the fair and equitable treatment of said employees;

(c) Provide for the amicable adjustment of disputes which may arise out of the application or interpretation of this Agreement;

(d) Provide for such other arrangements as may be deemed advisable by the parties to the Agreement in order to safeguard their respective interests and establish and maintain harmonious relationships.

The PKL Employee Handbook will serve as the governing document for employee related issues not covered by the Articles of this Agreement.

ARTICLE 1

RECOGNITION

The Company hereby recognizes MHCAIA as the sole and exclusive bargaining representative of all flight instructors and simulator operators/platform instructors performing work at Mountain Home AFB, ID, supporting the Republic of Singapore, in

F-15SG instruction and operations, under United States Air Force Contract FA4897-18-

P-0016 or its successor contracts, with respect to rates of pay, wages, hours of work and all other conditions, though not included herein, but expressly provided by law, of employment for all employees covered by this Agreement, excluding all exempt employees and Managers.

ARTICLE 2

RIGHTS OF MANAGEMENT

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 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; to discipline or discharge for just cause. Idaho is an at-will employment state and, as such, the laws governing at-will employees will prevail, with the exception of Article

4.

Section 2.2. Waiver of Rights. A party’s failure to exercise any right, prerogative, or function hereby reserved to it, or a party's exercise of any such right, prerogative, or function in a particular way, shall not be considered a waiver of the 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. 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.

ARTICLE 3

ASSOCIATION AND COMPANY RELATIONS

Section 3.1. Association Activity During Working Time. Employees may not engage in unsanctioned Association activities during working hours. The Company agrees not to discriminate in any way against any employee for the filing of complaints or grievances or for Association activity.

Section 3.2. Association Representative Assignment. The Association will assign two

(2) official Association Representatives, and one (1) alternate, from the site to represent

Association employees. The alternate Association Representative will act in conjunction with, or in the absence of one of the two official Association Representatives. The

Association shall notify the Company in writing of the individuals so selected in this capacity.

Section 3.3. Association Activities. It is agreed that Association Representatives have full-time job duties to perform as employees and that they shall keep time spent in handling MHCAIA activities/grievances to a minimum. The conduct of the business of the

Association should occur either before or following the normal workday, or during authorized break times, and, with the exception of handling grievances, should not impact the daily operational requirements set forth in this Agreement.

Section 3.4. Association Payroll Deduction. It is agreed between the Company and the Association that as to any employee in the Association defined in Article 1 of this

Agreement, who is or may hereafter become a member of the Association, or pays

Association dues, the Company shall deduct from the employee’s pay Association dues payable by him/her to the Association by the signing of a payroll deduction form.

3.4(a) Collection of any Association dues in arrears, owed at the time of starting deductions for any employee and collection of Association dues missed because the employee’s earning were not sufficient to cover the payment of Association dues for a particular pay period will be the responsibility of the Employee and will not be the subject of payroll deductions.

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

3.4(c) When a system is developed and agreed to by the parties, the Company shall issue all Association payments such as Association dues, via an electronic funds transfer process only. The sums deducted as stated above shall be forwarded to the Association no later than the 10th of the month following the month in which the deductions are made.

Section 3.5. Bulletin Boards. The Company will provide bulletin board space in the operations working area for the purpose of posting legitimate Association notices. This bulletin board may be used by the Association for the purpose of conveying official information from the Association to the employees. All documents placed on the bulletin board must be approved by the Site Manager, or his designee. The Association shall be the sole user of the bulletin boards and only documents that constitute official Association business will be posted.

ARTICLE 4

GRIEVANCE PROCEDURE AND ARBITRATION

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

Section 4.2. Employee Grievances. In the case of grievances on behalf of employees and subject to the further provisions of Section 4.3 and 4.4 below, relating to cases of layoff, discipline for just cause, or dismissal for just cause:

STEP 1. Oral Discussion. An employee believing they have cause for a grievance may file said grievance with the Association’s representative. The Association representative will be present at all meetings between the employee filing the grievance and any member of PKL management. Both parties recognize the desirability of settling problems promptly through full discussion. Every effort will be made to resolve differences at the oral stage of the procedure.

STEP 2. Grievance Submitted in Writing. If the issue is not resolved orally as in

Step 1, the grievance shall be submitted in writing to the Contract Manager or PKL management representative within ten (10) working days of the oral discussion in

Step 1, on a form provided by the Company, or the grievance shall be barred. The

Contract Manager or PKL management representative shall answer the written grievance within ten (10) working days.

(a) The written grievance shall include a short, plain statement of the alleged breach or violation, identify the affected employees, and state the remedy sought.

STEP 3. Within ten (10) working days of the Contract Manager or PKL management representative’s answer, the Association Representative may appeal the grievance in writing to the Director of USAF Programs. The Director of USAF

Programs shall discuss the grievance with the Association Representative within ten (10) working days after they receive it and shall provide a written answer within ten (10) working days of that discussion. In the event that resolution of the grievance cannot be reached, the Association Representative will convey the grievance to the Senior Director of Contracts and Program Management within ten

(10) working days. The Senior Director of Contracts and Program Management will have ten (10) working days to respond to the Association Representative. The final step in the grievance process will be for the Chief Operating Officer of PKL to hear the grievance and render judgement.

Section 4.3. Mediation. If no settlement is reached in Section 4.2, Step 3, the Grievant and PKL Management shall seek the services of a Federal Mediator, normally available through a local office of the Federal Mediation and Conciliation Service.

Section 4.4. Arbitration. If no settlement is reached in Section 4.3, then either party may in writing submit the matter to an arbiter for a prompt hearing.

Section 4.5. Arbitrator’s Authority, Decision and Fees. Upon any request for arbitration, either party may request a panel of seven arbitrators be provided by the

Federal Mediation and Conciliation Service. Within five (5) business days of receiving such a panel, the parties shall meet to alternately strike names until only one remains.

The remaining name shall be the arbitrator for the dispute. The arbitrator’s authority shall be limited to disposition of the grievance arising under this Agreement, and the arbitrator may only interpret and apply the provisions of this Agreement 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 a 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. The decision of the arbitrator shall be final and binding on all parties. The expense and fees of the Arbitrator shall be borne by the losing party. Each party shall otherwise pay its own costs and expenses.

ARTICLE 5

NO STRIKE / NO LOCKOUT

Section 5.1. The Association agrees that during the terms of this Agreement and regardless of whether an unfair labor practice is alleged (a) there will be no strike, slow-down, sit-down, or walk-out and (b) the Association will not directly or indirectly authorize, encourage or approve any refusal on the part of employees to proceed to the location or normal work assignment. Any employee who violates this clause shall be subject to discipline up to and including termination.

Section 5.2. The Company agrees that during the term of this Agreement there will be no lock-out of employees covered by this Agreement. 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 bona fide business reasons.

ARTICLE 6

SENIORITY

Section 6.1. Purpose and Definition. Both parties hereto agree that continued service over a period of time should, and in most cases does, increase the worth of an employee to his employer, and that length of service should receive recognition in case of promotion, and therefore agree: That the principle of seniority, where qualifications, productivity and dependability are substantially equal, shall be the determining factor and shall apply in accordance with the specific application provisions of this Agreement.

Section 6.2. Applicability. Seniority shall mean an employee’s length of continuous service on current or predecessor contract(s) in the performance of similar work at the same federal facility. Seniority shall not be a used as a factor in personnel actions, provided however, that seniority will be considered by the Employer in making layoff, transfer, recall, and promotion decisions depending on the requirements of the

Company’s contract with the USAF and all other factors, including but not limited to qualification, skill, and ability are equal. Seniority shall be applicable only as expressly provided in this Agreement.

Section 6.3. Probationary Employees. New employees shall be on probation and without seniority for the first ninety (90) days from the initial hire date during which time they may be terminated or laid off at the discretion of the Company. Such layoffs or terminations during the probationary period shall not be subject to the grievance and arbitration procedure. Upon the completion of an employee’s probationary period, seniority date will then be established as of the date of hire.

Section 6.4. Employees with Identical Seniority Dates. When two or more employees have the same seniority date as herein provided, the employee having the lowest number

(the last four 4) digits of one's social security number shall be considered as having the least seniority for tie breaking purposes.

Section 6.5. Seniority Accumulation. Seniority shall accumulate for:

6.5(a) Employees who are on the active payroll of the Company and in the

Association defined in Article 1 of this Agreement;

6.5(b) Employees who are promoted to non-represented positions supervising

Association employees, shall retain and not accumulate seniority while they remain in such supervisory position;

6.5(c) Employees while on active military service and reinstated in compliance with applicable law;

6.5(d) Time lost by reason of work-related injury, or work-related illness not to exceed the time limits on layoff statue provided in 6.5(f);

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

6.5(f) Time spent on layoff for a period not to exceed three (3) years, or for employees with less than one (1) year seniority, time spent on layoff for a period not to exceed one (1) year;

6.5(g) The first ninety (90) days of any other authorized leave of absence;

Section 6.6. Loss of Seniority. An individual shall lose seniority rights for the following reasons:

6.6(a) Separation for just cause, retirement or resignation. In addition to normal resignations, an individual who, while on leave of absence, fails to report for work or to obtain renewal of his leave on or before its expiration, will be considered as having resigned;

6.6(b) Failure to respond with an acceptance within five (5) working days after receipt of a recall from layoff notice by certified mail (unless such period is extended by the Company);

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

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

ARTICLE 7

PROMOTIONS

Section 7.1. Seniority. The Company will endeavor to transfer Association employees to higher paid positions from within the work force if available employees have the ability and qualifications to do the work. If two or more employees are eligible and express an interest, seniority shall govern if all other factors are substantially equal. The Company may promote employees covered by this Agreement to higher paid supervisory positions.

In the event that an Association employee accepts a salaried supervisory position, they waive their bargaining unit rights, and retain but not accumulate Association seniority.

Section 7.2. Open Positions. Notice of available positions within the Company at

Mountain Home Air Force Base and other locations where similar work is performed, will be posted as they become available. Qualified employees covered by this Agreement may apply for and will be considered for positions prior to outside solicitation.

Section 7.3. Temporary Assignment. The Company may temporarily upgrade an

Association employee to a higher paid classification. If the employee works in the higher paid position, the employee shall receive the rate authorized for the classification of work that they are performing.

ARTICLE 8

WORKWEEK AND HOURS OF WORK

Section 8.1. Workweek. The purpose of this Article is to define the normal hours of work, but nothing in this Agreement shall be construed as a guarantee of specified numbers of hours of work either per day or per week. The work week shall consist of a period of seven

(7) consecutive twenty-four (24) hour periods, starting Sunday and ending Saturday. The normal work week shall be a minimum of forty (40) hours consisting of five (5) days of eight (8) hours per day, Monday through Friday with weekends normally being two (2) consecutive days of rest. Employees will not be required to work weekends while at home station unless it is in support of Customer operations. Other occasions of operational need require prior coordination between the Customer and the Company (Contract Manager).

Section 8.2. Schedule Adjustments. The Association acknowledges the responsibilities of the Company’s operation as they are related to the support of the Customer objectives.

The parties realize the Customer may, from time to time, make unusual and immediate demands in conjunction with support requirements, and as such, the Company will provide as much advance notice to the employees as possible.

8.2(a) When employees are on temporary duty at an off-station location in support of operations required by the Customer, and the operational schedule requires weekend duty, weekend work hours may be scheduled on a voluntary basis. If the need for support remains, employees will be assigned based on qualifications by the supervisor on an equitable basis.

8.2(b) The Section Supervisor is responsible for assigning individual work schedule as specified by the Customer. The Section Supervisor shall abide by all governing USAF Instructions when developing the operational schedule.

8.2(c) Normally, starting time and hours of work shall be determined by the

Customer, and such schedules may be changed from time to time to suit varying operational requirements. The Customer (Director of Operations) and the

Company shall provide a schedule to the employees not later than the Friday prior to week of execution. Changes to the employees work schedule inside of this timeframe are subject to approval from the employee’s supervisor and the

Customer (Director of Operations). Employees’ posted schedules shall not be changed during the week of execution to avoid the payment of overtime.

8.2(d) Flexible Schedule and Non-Standard work hour agreement. It is agreed that due to the complex and changing nature of duties required of the employees to meet Customer requirements, a non-standard work schedule consisting of varying start times, longer work hours than those specified in Article 8, work weeks of less than five full consecutive days, or non-consecutive days off (as set forth in Article

8) are often required. Therefore, with Section Supervisor approval, employees may adjust their work schedules (arrival and departure times, lunch periods, hours of work, days of rest) as necessary to not affect the execution of the weekly schedule and ensure 40 hours per week (or as modified based on paid holiday) is not exceeded. By way of illustration, but not in limitation, a non-standard work schedule could be working four 10-hour days, or similar modified schedule. The parties realize that the Customer may make unforeseen, unusual and time critical demands in conjunction with support requirements, and these demands may impact an employee with previous flexible schedule arrangements. If these demands produce a work week in excess of that which would be a full work week, overtime shall be paid in accordance with Article 9.

8.2(e) Performance of work from locations other than primary workplace. Due to the nature of the flying operations and support requirements, there may be times when a flight or simulator instructor is capable of performing acceptable work, but it is deemed by the Commander or Director of Operations that their presence is either unnecessary, or in some cases even detrimental to the health of the other aviators in the squadron, the latter case normally due to a transmittable but non-debilitating illness (such as a common cold, flu symptoms, stomach bug, etc.). If there are acceptable tasks and the means to complete them at locations other than the primary workplace, the Contract manager and squadron leadership as previously mentioned may allow offsite performance of duties within a reasonable manner as determined by the Contract Manager and/or Commander.

8.2(f) Report Time/Call-In Time. If an employee reports for work in accordance with instructions on other than their normally scheduled workday, they shall receive a minimum of four (4) hours pay at his base rate. An employee who leaves work of their own volition, or because of incapacity (other than work-related injury), or is discharged or suspended after beginning work, will be paid only for the number of hours actually worked during that day. An employee that leaves work because of incapacity due to work-related injury will be paid eight (8) hours pay at this base rate.

8.2(g) Early release/late reporting. If the employee(s) is/are released early or are directed to report to work late on a normal work day (in the event of inclement weather or similar event), the employee will be paid for those hours worked, as well as the hours the employee would have worked based on scheduled hours, not to exceed the regularly scheduled hours, either after release or prior to reporting.

Section 8.3. Breaks and Lunch Periods. Employees will be allowed one scheduled ten

(10) minute paid rest period per each four (4) hours of work performed in a work day. In addition, the employee will be allowed a one-hour unpaid lunch break in each complete scheduled work day. The time of these breaks may be established by the Company and may not cause interruption or delay in the execution of the schedule.

8.3(a) Employees will be allowed a lunch period on a non-impact basis. Depending on operations and schedules, employees may be required to work through their rest and/or lunch periods, and/or take them at a later or earlier time during the shift.

When taken outside of the normal duty location, employees will log the lunch period taken in accordance with Company timekeeping policies.

Section 8.4. Timekeeping Requirements. Employees are responsible for accurately recording their hours worked on a daily basis, to include time in at the start of work, time out for meal break, time in from meal break, and time out at the end of work. Managers or supervisors must approve their employees’ time records/timesheets at the end of each pay period, ensuring that all hours worked are accurately accounted for. Employees shall be paid for time worked computed to the nearest one-tenth hour.

ARTICLE 9

OVERTIME

Section 9.1. Overtime. For the Company to meet its support obligations, certain employees from time to time will be required to work overtime as well as work on holidays and weekends. When it becomes necessary to schedule overtime, supervisors will attempt to equalize overtime among those qualified employees and will be offered to qualified employees on a voluntary basis within the work specialty where the overtime requirement exists. If management fails to obtain a sufficient number of volunteers to meet the overtime requirement(s), then qualified employees may be directed to work the necessary overtime within the work group where the overtime requirement exists, in reverse seniority order. The Company will provide as much advance notice of overtime requirements as possible. The Company shall not require an employee to work overtime who has worked three consecutive weekends either Saturday or Sunday, or 100 overtime hours in the calendar quarter, except in extraordinary circumstances mandated by the

Customer. The Company will adhere to USAF crew rest/crew day requirements without exception.

Section 9.2. Hours and Payment. Overtime shall be paid at one and one-half (1.5) times an employee's base rate for all hours worked in excess of forty (40) hours worked in the workweek, including Saturday and Sunday. Due to the complex nature of duties required of the employees, there may be cases when mission planning, debrief, academic sessions and other similar activities last longer than the forecast/scheduled time block.

Employees may adjust their work schedules in accordance with section 8.2(d) when it does not affect the execution of the rest of the week schedule. However, on occasion this may lead to overtime. Although the employees and the Company will work with the

Customer to mitigate overtime when able, the Company will not be punished nor will the

Customer make schedule changes to avoid the payment of overtime unless the employee and Customer agree and specifically arrange to do so.

ARTICLE 10

TRAVEL

Section 10.1. Travel Time Compensation. Employees will be paid for a normal eight (8) hour day while traveling on company business. Employees are expected to work and/or travel during a normal workday as defined in Article 8 to the maximum extent practical.

Travel and work time in excess of a normal eight (8) hour work day shall be recorded and paid based on actual time incurred. This time will be included in overtime calculations for the week only if the overtime is pre-approved by the authorized government representative per normal procedures.

Section 10.2. Travel Expense Reimbursement. The Company will provide employees who are required to travel on Company business with reimbursement of employee paid costs in accordance with the most current Joint Travel Regulation and the Company

Travel and Expense Reimbursement Policy.

ARTICLE 11

CLASSIFICATIONS AND RATES OF PAY

Section 11.1. Base Rate Structure. The following wage rates will be effective upon ratification and for the period of this agreement and to all employees filling job classifications listed below. Wage rates are hourly.

CBA JOB TITLE 9/01/18 10/01/19 10/01/20

F-15SG Flight Instructor

(FWIC Qualified)

121.78 124.82 127.96

F-15SG Flight Instructor

(non-FWIC Qualified)

102.61 105.18 107.81

F-15SG Simulator/Platform

Instructor

71.06 72.84 74.66

Lead F-15SG Flight or

Sim/Platform Instructor additional pay

2.48 2.54 2.60

Section 11.2. Pay Frequency and Method. Paydays for employees under this

Agreement shall be on a semi-monthly basis, with pay periods running from the first (1st) through the 15th and the 16th through the end of every month, with paydays falling on the

10th and the 25th of each month. For automatic payroll deposit, the funds are made available by PKL before or by the end-of-day on each payday. (This does not include added processing time that may be required by your financial institution.) Should a payday fall on a weekend or a Company holiday, employees will be paid on the workday immediately preceding it.

ARTICLE 12

HOLIDAYS AND FAMILY DAYS

Section 12.1. The following shall be observed by all Association personnel as paid holidays:

• January 1 (New Year’s Day)

• Martin Luther King Jr.’s Birthday

• President’s Day / Washington’s

Birthday

• Memorial Day

• July 4th (Independence Day)

• Labor Day

• Columbus Day

• Veteran’s Day

• Thanksgiving Day

• Christmas Day

If a paid holiday falls on a Saturday or Sunday, it will usually be observed on the preceding

Friday or the following Monday. The actual date of observance will be determined by the

Customer.

Section 12.2. Unworked Holidays. Employees shall receive eight (8) hours pay for unworked holidays (those holidays designated above), at their base rate in effect at the time the holiday occurs.

Section 12.3. Worked Holidays. Employees who are required to work on the above named holidays shall receive the pay due them for the holidays plus 1.0 times their base rate for all hours worked on such holiday, unless the employee starts work at 11:00 p.m.

or thereafter on that day.

Section 12.4. Family Days. Employees shall receive eight (8) hours pay for unworked official ACC Family Days (or as designated by the Customer as additional days off in conjunction with one of the observed holidays in section 12.1) at their base rate in effect at the time the Family Day occurs.

ARTICLE 13

PAID TIME OFF (PTO)

Section 13.1. General. It is the policy of the Company to grant time off to employees, as a reasonable time away from the job is conducive to good health and well-being and can have a refreshing effect that is to the advantage of the Company as well as the employee.

Accordingly, it is management's responsibility to give each eligible employee the opportunity to take a vacation each year.

Section 13.2. Accumulation of Vacation hours. A prorated award of annual vacation hours will accrue each pay period, as outlined in section 11.2. Credit will be given for the employee's total length of service which is continuous with the Company, and other predecessor contractors who performed similar work, and was determined to be a predecessor to the Company under the Service Contract Act.

13.2(a) Vacation Accrual Schedule

Years of Service

Completed

Annual Vacation

(Hours)

0-4 Years 100 Hours

5-9 Years 140 Hours

10+ Years 180 Hours

13.2(b) Vacation hours will accumulate in an employee's vacation account up to

1.5X the annual amount, not to exceed 180 hours.

13.2(c) Employees who, prior to the effective date of this Agreement, accumulated hours annually and were awarded those hours on their work anniversary, will be granted their prorated vacation hours for the previous year on the first pay period following the effective date of this Agreement. Thereafter, vacation hours will be accrued and awarded per this section 13.2.

13.2(d) Vacation hours will not be accumulated during periods of layoff, or during a Company unpaid leave of absence as defined in Section 15. Such absence during the service year will reduce the vacation hours granted at the beginning of the employee’s next award period. The reduction will be in proportion of 1/365th for each day of absence, rounded to the nearest one-tenth hour, of the hours applicable to the employee per the vacation schedule in section 13.2(a) of this

Article.

Section 13.3. Vacation eligibility and rate change. The vacation eligibility date will be the later of last hire by the Company or predecessor contractor when service was continuous, or the most recent rehire date following separation. Change in vacation rate will take effect at the beginning of the next pay period in which the employee’s work anniversary falls.

Section 13.4. Use of Vacation Hours. An employee shall use his unused vacation hours accumulated as vacation with pay at the rate, including any pay additives, in effect at the time their vacation begins, subject to the following conditions:

13.4(a) Employees shall request vacation dates on forms provided by the

Company and the Company will endeavor to schedule vacation as requested.

13.4(b) In instances where Company management believes the awarding of vacations as requested would interfere seriously with Customer requirements, the scheduling of vacations shall be as near to the dates requested as possible.

13.4(c) In scheduling vacations, the Company will meet the Customer’s schedule requirements by allowing employee time off only when it is feasible. If two or more employees request conflicting vacation dates that would impact the Company meeting Customer requirements, those with seniority will be given their preference of available vacation dates. Vacation is to be requested from and approved by the employee’s immediate manager or supervisor in advance in the agreed upon manner. In most cases, a one-week advance notice will be sufficient. However, the amount of advance notice may vary depending on operational and/or Customer needs. Managers or supervisors may approve requests for vacation with less than one week’s advance notice at their discretion.

13.4(d) Employees may use vacation for personal business, and other needs which may require time off from work, provided schedules permit. PKL encourages the use of 40 hours of vacation annually. Employees should contact their Contract

Manager for specific vacation contract usage and requirements. The employee’s maximum vacation accrual will cap at 1.5X the employee’s annual leave, not to exceed 180 hours. The amount of vacation taken must not exceed the amount of vacation available at the time it is taken without prior approval from the Contract

Manager for “leave without pay” (LWOP) for the excess requested, as outlined in

15.1(d). Vacation hours may be used in one-tenth hour increments.

13.4(e) There will be no “pay-in-lieu-of time off” unless an employee is removed from the active payroll. In the case of payroll removal, pay-in-lieu-of time off will be for unused earned and accrued vacation time in their account, their base rate of pay as of the separation date, regardless of reason for separation. In the event of death of an active employee, all earned and accrued vacation time will be paid to their beneficiary on record.

Section 13.5. Sick Leave. Employees will receive 56 hours of sick leave annually, allocated on the first of every year. For absences in excess of 32 hours or 4 days, employees will be required to submit a doctor’s note releasing them to return to work.

Unused time under this policy is not paid out at the time of separation from employment.

However, employees who are re-employed with the Company within a year of separation will have their accrued unused bank of time off under this policy made available to them.

Leave under this policy may run concurrently with leave taken under other applicable policies as well as under local, state or federal law, including leave taken pursuant to the

Family and Medical Leave Act (FMLA).

Section 13.6 Additional Unpaid Time-Off Options. Additional Company unpaid leave or time-off opportunities not expressly included in this Agreement shall be available to all

Association employees, including, but not limited to, time off for voting, victim of crime, volunteer civil service, Civil Air Patrol, domestic violence, or school and child care activities, in accordance with Company policy and applicable law. Such policy shall be provided in soft copy to each covered employee and to the Association.

ARTICLE 14

CIVIC AND BEREAVEMENT LEAVE

Section 14.1. Civic Leave. Employees who are required by proper court order or summoned to be absent from work in connection with jury duty, or subpoenaed as a witness, will be paid at their regular straight time wage rate for jury duty or court appearance. Employees will receive full pay for the total hours served each day for a maximum of eight (8) hours per day, up to a total of three (3) days annually. Employees released by the court with less than four (4) hours of service completed in a day will be expected to return to work on that day (two (2) hours of this time will be considered as travel/preparation time). Fees received for jury or witness duty will not be deducted from such pay. The employee will furnish to the Company evidence satisfactory to the

Company showing the performance of jury or witness duty that meets the requirements of this Section 14.1.

14.1(a) The employee will notify the supervisor of the need for time off for jury duty or witness leave as soon as a notice or summons from the court is received, and will submit a signed Certificate of Jury Services form from the court, indicating the number of hours (by day) and days served once complete.

Section 14.2. Bereavement Leave. Bereavement pay shall be for eight (8) hours at the straight time base rate, for each such day off; however, such pay will not be applicable if the employee received pay for such days off under any other provision of this Agreement.

Bereavement leave must be taken within the thirty (30) days following the death, funeral, or service, and will be offered as follows:

14.2(a) Employees shall be given up to three (3) days (24 hours) off with pay to bereave and attend the funeral/service of a member of his/her family. “Family” shall be considered to be: spouse or registered domestic partner, child/step-child, or other child for whom the employee is a legal guardian, Parents (including in-laws)/step-parents (in-laws), or other person who has served as the employee’s legal guardian, grandparents/grandchildren, siblings/step-siblings.

Should additional time off be necessary for an employee to meet their related obligations, additional time off may be requested either as Paid Time Off, sick time, or as authorized time off without pay. Such requests shall be arranged with employee’s manager or supervisor, who will try to accommodate the request.

The employee will be required to provide documentation of the date of death.

ARTICLE 15

LEAVE OF ABSENCE

Section 15.1. Length. At the discretion of the Company, extended (more than two (2) weeks) leaves of absence without pay may be granted for non-probationary employees.

Employees must request such unpaid leave in writing to Human Resources via the

Contract Manager at least five (5) calendar days (or as soon as possible for bona fide emergencies) prior to the date the unpaid leave would begin. The request will include the leave start date and expected end date, as well as the reason for the absence.

Section 15.2. Authorized Leaves of Absence. For the time period indicated in each instance, leaves of absence (without pay, except to the extent vacation credit or sick leave credit can be used and is used under and in accordance with Article 13) may be granted to an employee on the active payroll:

15.2(a) In case of accident or illness, for the period of time the injury or illness requires that the employee be absent from work. The Company will require satisfactory proof of such injury or illness.

15.2(b) In pregnancy cases, upon request of the employee or at such time as leave shall be mandatory under any applicable law.

15.2(c) For the period of time necessary to serve in the Armed Forces of the United

States, as outlined in Section 16.

15.2(d) The Company may grant leaves of absence without pay for other reasons that the Company considers valid. Should the request for Leave of Absence be rejected by the Company, the reason will be discussed with the employee and the

Association representative and may go through the grievance process if desired.

Section 15.3. Return from Leave of Absence. While out on a leave of absence without pay, the Employee is expected to advise the supervisor and the Human Resources

Department of any change in anticipated return date. An employee who applies for return from leave of absence on or before the expiration date of their leave will be returned in accordance with the following:

15.3(a) When an employee returns from a leave of absence that was granted due to work-related injury or work-related illness and is medically able to perform the job which was last held;

15.3(a)(1) The employee will be returned to that job if this does not conflict with Article 19;

15.3(a)(2) If this does conflict with Article 19, the employee will be considered for any job that they are qualified and able to perform, or (if a surplus occurred that would have affected them during such leave) be subjected to “reductions in force” procedures within Article 19.

15.3(cb) When an employee returns from a leave of absence described in

Paragraph 15.3(a) and is not able to perform the job last held due to medical limitation, they will be considered for any job that they are qualified and able to perform, or if a surplus occurred that would have affected them during such leave, be subjected to reduction in force procedures, all in accordance with Article 19.

Section 15.4. Family and Medical Leave Act (FMLA). The provisions of the Family and Medical Leave Act (FMLA) shall govern all leave.

ARTICLE 16

MILITARY LEAVE

Section 16.1 Military Reserves (ANG, AFRS). The Company agrees to pay employees who are members of an active, organized military reserve component, and who take leaves of absence for military reserve field duty service or encampment, the difference between their military pay and their regular pay for a maximum period of two (2) calendar weeks (ten (10) working days) per year.

Military leave, military spouse leave, military care leave will be in accordance with

USERRA and the employee handbook.

ARTICLE 17

HEALTH, SAFETY, AND SECURITY

Section 17.1. General Health Guidelines. The Company will continue to make reasonable provision for the safety and health of employees. The Association shall have the right to confer with the Company on matters pertaining to the health and safety of the employees.

Section 17.2. Medical Examination. Employees in flying positions and on active flight status will perform a Class II medical examination yearly and provide that certificate to assigned unit flying records management personnel.

Section 17.3. Natural Disasters and Inclement Weather. In the event of a natural disaster (such as an earthquake, wildfire, or inclement weather [snow, sleet, ice, fog, etc.]) that is a direct threat to an employee’s family or property, prevents employee from safely traveling to and from work, or where government/emergency officials have mandated conditions that would prevent employees from getting to work, absences will be excused and unpaid, provided the employee has taken every measure needed to inform the supervisor or any manager of the issue at hand, and when it will be resolved. Alternately, any direction by installation officials at the workplace for base-wide early release or late reporting which alters established work schedules and prevents the employee the ability to arrive or to stay at his or her work location and perform scheduled duties will be paid to employee for the remainder of the affected duration he was scheduled to work on the affected shift, as outlined in 8.2(g).

Section 17.4 Security Clearance. The Company will initiate, maintain, and update security clearances as required. There is no cost involved for industry when requesting investigations for security clearances through the JPAS system or system of record.

ARTICLE 18

MISCELLANEOUS

Section 18.1. Non-Discrimination. The Company and the Association prohibits unlawful discrimination based on race, color, religion, marital status, age (40 or older), national origin or ancestry, physical or mental disability, genetic information or characteristics, sex, sexual orientation, gender identity or gender expression, citizenship status, protected veteran status, medical condition or any other consideration made unlawful by federal, state, or local laws. It also prohibits unlawful discrimination based on the perception that anyone has any of those characteristics or is associated with a person who has or is perceived as having any of those characteristics. All such discrimination is unlawful.

Claims of such discrimination will not be subject to the grievance and arbitration provisions of this Agreement, but will be subject to the applicable federal and/or state statues. The Company and the Association agree not to unlawfully discriminate or retaliate any employee because of membership in or non-membership in the Association.

Section 18.2. Apparel. The Company will provide apparel (work shirts, jackets, embroidery, nametags). Required safety equipment (flight suits, boots, gloves) for aviator employees is provided by the 428 FS resource advisor.

Section 18.3. Bargaining Unit Status Report. A seniority list will be provided to the

Association President, upon request. The report will include the following information:

(a) Employee name

(b) Employee Identification Number

(c) Job number and title

(d) Seniority/hire date

(e) Employees on active layoff

ARTICLE 19

WORK FORCE ADMINISTRATION

Section 19.1. Reductions in Force.

19.1(a) In effecting a reduction in force within a job classification, the following procedure shall be followed. The first selection would be voluntary layoff in the classification, followed by probationary employees, followed by full time employees in the classification in reverse seniority order. Employees subject to reduction in force will be informed of the nature and duration of the restructure if the restructure is not permanent.

19.1(b) Affected full time employees referenced in 19.1(a), will be offered a lateral or lower job classification providing they have the required qualifications and certifications on the date of the reduction in force notification for that job if their seniority permits.

19.1(c) If restructuring the workforce or reducing the number of employees becomes necessary, the Company will attempt to provide at least 10 work days advance notice, and in accordance with state laws to help prepare affected individuals.

19.1 (d) Severance pay will be paid to the affected employee for reductions of force due to changes or termination of government contract requirements referenced in

Article 1 or its successors. Severance pay, provided at the individual’s pay rate as of the date of termination, will be granted at one (1) month per year of employment with the company, up to a maximum of two (2) months of pay.

Section 19.2. Recall From Layoff. Employees who are on active layoff status from job classifications having job openings will be recalled in order of seniority providing they have the required qualifications and are eligible for re-certification for that job.

19.2(a) Employees will be notified of recall in writing by certified mail to their last known address on the Company's records, with a copy to the Association, and the employee will be required to report to work within fourteen (14) calendar days following receipt of the written notice. Failure to do so will indicate resignation as a result of job abandonment. It is the sole responsibility of the employee to keep the Company properly informed of his/her address and telephone number.

Section 19.3. Voluntary Resignation. Voluntary separation results when an employee voluntarily separates from their employment. Any Company owned property must be returned immediately upon separation of employment.

ARTICLE 20

INSURANCE PLANS

Section 20.1. H&W Rates. The Company will offer full time employees a comprehensive group health and welfare program. Full time employees will be offered and may elect to participate in the Company’s group medical insurance plans as well as other group insurance.

As these plans are provided by outside vendors and/or are Company-wide plans, the

Company may find it necessary or desirable to amend, revise, replace or terminate some or all of the plans during the life of this Agreement. Should this occur, the Company will immediately advise the Association of such changes.

Notwithstanding any provision of this Agreement, the employer/employee contribution ratios detailed in this Article shall be…