Attachment L.10 - CBA-2022-49.pdf

ATTACHMENT L.10

GODDARD SPACE FLIGHT CENTER

COLLECTIVE BARGAINING AGREEMENT: CBA-2022-49

REVISION: 0

DATE: 02/01/2022

ACCOMACK COUNTY, VIRGINIA

RFP NUMBER: 80GSFC22R0004

CONTRACT NUMBER: TBD

COLLECTIVE BARGAINING AGREEMENT

Between

Alutiiq Advanced Security Solutions, LLC

And

International Association of Machinists and Aerospace Workers, AFL-CIO, District Lodge 74, Local Lodge 2552

Locksmiths/ESS Techs

OCTOBER 1, 2021 - FEBRUARY 28, 2025

DocuSign Envelope ID: CBB55E88-3547-46B6-B2BC-674BD3A3CF09

TABLE OF CONTENTS

AGREEMENT 3

ARTICLE 1 - RECOGNITION AND CERTIFICATION 3

ARTICLE 2 - NON-DISCRIMINATION 3

ARTICLE 3 - UNION REPRESENTATION 4

ARTICLE 4 - MANAGEMENT RIGHTS 5

ARTICLE 5 - UNION DUES 5

ARTICLE 6 - SAVINGS CLAUSE 6

ARTICLE 7 - INITIAL REVIEW PERIOD 6

ARTICLE 8 - STRIKES AND LOCKOUTS 6

ARTICLE 9 - EMPLOYEE RESPONSIBILITIES 6

ARTICLE 10 - SAFETY AND HEALTH 7

ARTICLE 11 - GRIEVANCE AND ARBITRATION 8

ARTICLE 12 - SENIORITY 10

ARTICLE 13 - HOURS OF WORK 12

ARTICLE 14 - ABSENCE FROM WORK 13

ARTICLE 15 - SICK LEAVE 13

ARTICLE 16 - LEAVE OF ABSENCE 14

ARTICLE 17 - HOLIDAYS 17

ARTICLE 18 - VACATIONS 18

ARTICLE 19 - WAGE RULES 19

ARTICLE 20 - OVERTIME 20

ARTICLE 21 - HEALTH, WELFARE AND 401K 21

ARTICLE 22 -TRAVEL 22

ARTICLE 23 - DISCIPLINE 22

ARTICLE 24 - TRAINING 24

ARTICL E 25 - UNIFORMS 24

ARTICLE 26 – DRUG / ALCOHOL FREE POLICY 24

ARTICLE 27 - NONBARGAINING UNIT EMPLOYEES WORKING 26

ARTICLE 28 - SUCCESSOR CLAUSE 27

ARTICLE 29 - DURATION 27

ARTICLE 30 - FINALITY 28

APPENDIX A 29

AGREEMENT

The Agreement made this 1st day of October, 2021, by and between Alutiiq Advanced Security

Solutions, LLC (hereinafter referred to as the "Company''), and the International Association of

Machinists and Aerospace Workers, AFL-CIO, District Lodge 74, Local Lodge 2552 (here-in-after referred to as the "Union'') covering certain employees of the company employed at

National Aeronautics and Space Administration facility at the Wallops Flight Facility, Wallops

Island, Virginia, and assigned under NASA Contract No. 80GSFC18C00090 and its successor contractors as successor contractors are defined under the Service Contract Act. Unless otherwise stated herein, this Agreement is effective October 1, 2021 for all economic terms, and upon signing for non-economic terms.

ARTICLE 1 - RECOGNITION AND CERTIFICATION

A. It is hereby agreed that the parties hereto desire to enter into an agreement for their mutual interest to promote harmony, efficiency and mutual understanding and to establish wages, hours and working conditions, and to provide for the peaceful settlement of disputes and grievances that may arise affecting the employees covered hereby.

B. The Company agrees to recognize the Union as the exclusive collective bargaining agent for all of its employees employed at the Wallops Flight Facility and its successor contractors as successor contractors are defined under the Service Contract Act. All full-time maintenance and -service employees including plant clerical employees employed by the Employer at

Wallops Island, Virginia, referenced in Appendix A, excluding all office clerical employees-, professional employees, and supervisors as defined in the Act.

ARTICLE 2 - NON-DISCRIMINATION

A. The Company and the Union mutually agree that there shall not be any discrimination, interference, restraint or coercion by either party against any employee because of his or her membership or non-membership in the Union. There shall be no harassment or discrimination against any employee exercising his right to file a grievance.

B. There shall be no discrimination by the Company or the Union against any employee because of race, color, creed, religion, national origin, ancestry, citizenship status, age, disability or handicap, sex, marital status, sexual orientation, gender expression or identity, veteran status, genetic information or any other characteristic protected by applicable federal, state or local laws ("protected status'').

1. All references to " employee", "employees", "man", or "men", "he", "him", or

"his", in this Agreement refer to both male and female employees The terms are used for sole purpose of brevity and clarity of language construction only, and do not imply or refer to. sex or gender in any way whatsoever.

2. Each employee shall adhere to the provisions and intent of Section B of this

Article, in his dealings with fellow employees, suppliers and customers of

Company under its contract no. NNG13AZ0SC and its successor contracts are defined under the Service Contract Act.

ARTICLE 3 - UNION REPRESENTATION

A. The Company will recognize a Steward, from the group of fulltime employees within the bargaining unit who have satisfactorily completed their probationary period; the Union will specify the selected Stewards in writing to the Company. The Chief Steward will also serve as a section Steward. The company agrees to recognize a total of one (1) steward.

B. In exercising their responsibilities to the bargaining unit employees, the stewards will first notify their respective Supervisor prior to leaving their assigned work area... The

Stewards shall guard against the use of excessive or unnecessary work time and will not unduly interfere with the operations of the Company, and not interfere with performance of the Company's contract with NASA.

C. Upon prior notice to the Operations Manager, authorized agents of the Union shall have access to the Company's establishment during working hours for the purpose of adjusting disputes, and to ascertain if the Agreement is being adhered to. It is expressly understood and agreed that in the event the authorized agent of the Union wishes to see an employee or employees in the bargaining unit, the Union shall first advise the

Operations Manager of the name(s) of such em13loyee(s), and the Operations Manager shall determine if such employee(s) can be released from their respective work stations without undue interference in the performance of the Company's responsibilities under is contract with NASA, and shall advise the Union of such-employees availability.

D. The Stewards shall be granted preferential seniority and will be retained without regard to seniority, as long as the Company has work that they are qualified to perform. In the event the Stewards are laid off or terminated (for lack of work he/she is qualified to perform) they shall be the first recalled when work they are qualified to perform becomes available.

E. Seniority lists will be provided twice each year January 31st and June 30th, with a copy sent to the District Lodge office (electronically if available). The Company will also provide a list of new employees hired into the bargaining unit to the Chief Steward within two weeks of the employees' start date.

F. A Union bulletin board will be provided for the purpose of displaying job postings and other Union business. ·

ARTICLE 4 - MANAGEMENT RIGHTS

A. The Company shall have the full and exclusive right of management of the business, including, but not limited to, the direction of the workforce, the right to plan, direct and control all business operations, assignment of duties, scheduling of all hours of work, right to hire, suspend or discharge for just cause, promote, demote or transfer, on the basis of qualifications, performance, ability, skills, and/or seniority, as shall be determined by the

Company unless otherwise provided in this agreement, the right to lay off employees because of lack of work or other business reasons, change or eliminate existing jobs or to create new jobs, to promulgate reasonable work and/or safety rules (effective upon posting), and the right to perform work of any kind or nature.

B. The foregoing enumeration of the Company's rights shall not be deemed to exclude other rights, including preexisting rights and right it has by law and otherwise, which do not conflict with the provisions of this agreement. Nothing in this agreement shall limit or be deemed to limit the Company in the exercise of customary and recognized functions and prerogatives of management including the right to make such agreements and enter into such subcontract agreements as it may deem necessary for the successful operation of its business and performance of Indefinite Delivery Indefinite Quantity work which may be assigned by the government.

ARTICLE 5 - UNION DUES

A. The company agrees to deduct union dues or service fees levied by- the International

Association of Machinist and Aerospace Workers in accordance with the constitution and bylaws of the union from the pay of each employee who is or who makes application to become a member of the union, or elects to pay a service fee, within the scope of the bargaining unit as covered by this agreement with the "Authorization of Check-off of Dues" form set forth below, has authorized the company to do so.

B. Upon delivery to the Company of a lawful and valid written check-off authorization; signed and dated by the individual employee the Company will deduct from his/her pay each month initiation fees, if any, and regular Union dues in an amount fixed by the Union. The Company shall forward all dues deductions to the location designated by the Union, not later than 15 days following the month in which the dues were deducted. The Union shall inform the

Company any time that an employee revokes a dues deduction authorization. The Company shall not revoke an employee's dues.deduction without written authorization from the IAM authorized representative.

C. The form of such authorization for deduction of dues shall be the most current form as determined by the IAM. All employees may make application for membership after the 90th day of employment.

D. The Union agrees to indemnify and hold the Company harmless against any and all claims, demands, suits, and cost by reason of action taken or not taken by the Company for the purpose of complying with· any of the provisions of this Article, or in reliance upon any list or notice of assignment furnished by the Union under any provision.

ARTICLE 6 - SAVINGS CLAUSE

A. Should any part or provision of this Agreement be rendered invalid by final judgment of a court of competent jurisdiction by reason of any existing or subsequently enacted legislation, such invalidation of any part or provision hereof shall not serve to invalidate the remaining provisions, and they shall remain in full force and effect for the term of this Agreement.

B. Upon such invalidation, the parties agree to attempt to negotiate a substitute provision(s) for such parts or provisions rendered or declared illegal. In the event the parties are unable to agree upon such substitute provisions the dispute may at the request of either party be referred to a mediator.

ARTICLE 7 - INITIAL REVIEW PERIOD

A. An employee who has never accrued seniority under this agreement or predecessor agreements between the Company and the Union, or an employee rehired after termination of seniority shall be in initial review status until completion of (90) ninety days employment. An employee initial review status shall not be covered by the terms and conditions of this Agreement. The discipline or discharge of an employee who is in initial review status shall not be in violation of this Agreement and shall not be subject to the grievance and arbitration provisions of this Agreement.

ARTICLE 8 - STRIKES AND LOCKOUTS

A. The· company agrees that during the term of this Agreement it will not engage in a lockout of its employees. The Union agrees that during the term of this Agreement there shall not be any strikes, sympathy strikes, sit-downs, slowdowns, work stoppages, boycotts, picketing, failure to report or any other refusal to work or any other interference with the operations of the Company, directly or indirectly, by any employee or group of employees, and that no officer, agent; representative, steward or member of the local Union or the Union shall ever authorize, call, participate in, instigate, aid, condone or acquiesce in any such actions and that no employee covered by this

Agreement shall participate in any of such actions.

B. This is with the understanding that any employee who is on his or her own time can support any sanctioned strike.

ARTICLE 9 - EMPLOYEE RESPONSIBILITIES

A. Employees within the bargaining unit shall be assigned to and answerable to the

Operations Manager or his designee who shall be responsible for assigning work, approving absences, and initiating and taking disciplinary actions. No employee shall be subject to discipline for refusing to carry out the instructions of other than said designated Supervisors. All Union employees shall not meet with the government or otherwise discuss the operations or business of the contract or Company with the government. Such activity will be subject to disciplinary procedures set forth elsewhere in this agreement.

B. Failure to comply with the requirements for a clearance or denial or withdrawal of such clearance by such governmental agency shall be just cause for discharge of any employee without further recourse by the Union under the terms and conditions of the

Agreement.

C. Failure to complete training within the allowable time limits as deemed by the company, for, or otherwise maintain any certification, vehicle operator or other license which may be required by a particular classification or employment in general, will be cause for just cause discipline.

ARTICLE 10 - SAFETY AND HEALTH

A. · Employees covered hereby shall be required to comply with all safety rules and regulations established by the Company, and to wear such protective clothing or use such safety equipment as may be required or provided by the Company. The employee will be responsible for reasonable care of customer and/or Company furnished equipment and will use his best efforts to notify the Company of any sabotage or willful damage to Company, customer or employee property or materials. Protective clothing and safety equipment furnished by the Company remains the property of the Company and each employee shall be responsible for proper use and care thereof.

B. When an employee is injured so seriously as to require that an authorized representative of management excuse him from work, he/she shall be paid for the balance of the regular scheduled shift on which the injury occurred. ·

C. Should the Company have reason to believe an employee covered hereby is physically or mentally unable to satisfactorily perform the duties of his/her job classification, such employee shall be required to take such medical examinations as may be directed by the

Company. The Company shall pay for each such examination. Should an employee fail to pass the Company's medical examination and, as a result thereof, is determined by the

Company to be unable to perform the duties of his/her job classification, the Company agrees to meet with the Union for the purpose of endeavoring to agree on reassignment of the employee to available work for which he/she is qualified and which he/she is able to perform.

D. If any employee is injured on the job, the Company will notify a Union Steward as soon as possible.

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E. The Company Safety Committee shall consist of one member selected by the Union.

F. The Company and the Union encourage employees to submit to the Company written suggestions for improvement of conditions relating to on-job safety.

G. For safety concerns, during extreme hazardous weather conditions, such as hurricanes, snow, etc. employees shall not be assigned to work alone where there is a danger of injury.

H. From time to time, the Company will develop policies and procedures to ensure employee safety, covering topics such as weapons or DOT Compliance/Motor Vehicle

Safety. Before implementing, the Company will forward such to the Union for review before implementation to allow the opportunity, if requested, to discuss and/or bargain the effects of such policies and procedures.

ARTICLE 11 - GRIEVANCE AND ARBITRATION

A. It is the intent of this Article to establish a means for prompt adjustment of working problems and personal grievances at the job level by a conference between the

Supervisor and the employee involved. A Union representative will be given an opportunity to be present. A working problem or personal grievance is defined to be a controversy between any employee, or group of employees, and the Company, involving the interpretation or application of provisions of this Agreement or supplements thereto only. If not resolved at this informal level, a formal grievance shall be filed and processed in accordance with the steps and time limits and mutually agreed upon extensions specified below. For purposes of this Article, a formal grievance under this

Agreement is defined as a written statement by the Union, an individual employee, . or group. of employees (herein after called "Grievant'') claiming a violation by the

Company of the terms of this written Agreement.

B. Except for payroll adjustments, no grievance shall be filed or processed based on facts or events or omissions within the employee's knowledge, which have occurred more than ten

··c10) consecutive business days before such- grievance is filed.

C. Consecutive business days is defined as Monday thru Friday 0600 hours to 1880 hours excluding holidays that fall on consecutive day.

D. Both parties agree to exert an earnest effort to settle such grievances through the following steps:

Step 1. Any matters of contention between an employee(s) or the Union, and the

Company, shall be initially discussed between the employee(s) involved, if any, his/her

Steward if the employee so desires, and the appropriate Operations Manager, or his designee. If such matter is not resolved at this informal step, the aggrieved party(s) shall move to step 2.

Step 2. The Steward shall reduce the grievance in writing to the Project Manager, oi-their designee, within seven (7) consecutive business days from the date that Step 1 was completed. When the grievance is presented to the Project Manager, he will have seven (7) consecutive business days to give his response to the employee and the

Steward. The Steward shall indicate his acceptance or rejection of the decision.

Step 3. If the Steward rejects the decision of the Project Manager, the Steward shall submit the grievance to the Vice President, or his designee, within seven (7) consecutive business days. The Vice President shall have fourteen (14) consecutive business days to respond to the Steward.

Step 4. In the event the grievance is not satisfactorily disposed of by recourse in Step

3 of this article, then the Union may, within thirty (30) consecutive business days after receipt of the Company's response request the Federal Mediation and Conciliation

Service (FMCS) to submit a list of five (5) impartial arbitrators from which the Union and the Company shall choose one to hear the grievance. Upon receipt of the said list of five (5) arbitrators, the Union shall meet and a coin flip will determine which party shall strike first and the striking of names shall alternate until one name remains.

E. The· arbitrator shall not have the authority to alter, amend, add to, modify or change the terms and provisions of this Agreement and his/her decision shall be limited to the particular grievance in question. The arbitrator's decision shall be final and binding upon the parties.

F. The Union and the Company shall equally share the expenses and fee of the neutral arbitrator, including any mutually agreed upon services relating to the arbitration proceedings. Each party shall make all arrangements, including pay and/or expenses of any witnesses called or other representatives or persons requested to attend any arbitration hearing. The number of employee witnesses summoned at any one time shall not be greater than the number which can be spared without substantial interference with the operation of the Company's work.

. G. All time limits prescribed herein may be extended by mutual written agreement of the parties. Failure of the Company to respond to a grievance within the time limits set forth herein shall constitute a basis for the Union escalating the grievance to the next step.

Failure of the Union or the employee to process the grievance to the next step within the time limits set forth herein shall render the subject grievance, and any associated claims, void, and any further action on the subject grievance Dr the said associated claims shall be barred.

H. In any case involving discharge or discipline imposed by the Company, back wages, if any are awarded, shall be limited to the amount of wages that the Grievant would otherwise have earned less any unemployment compensation, substitute earnings or other compensation whatsoever the Grievant earned during the period of discharge or suspension. The Company shall have the right to require the Grievant to produce any records, which shall evidence such compensation.

I. Nothing in this Agreement shall be construed to prevent an employee from discussing any problem with his supervisor(s,) the Operations Manager, or his designee, but there shall be no formal grievance until it has been reduced to writing. The Union agrees that neither a Steward nor other Union officials shall solicit grievances.

ARTICLE 12 - SENIORITY

A. Bargaining unit seniority shall be defined as the length of continuous service, whether employed by the Company or its predecessor, from the employee's latest date of hire, and shall be recognized on a bargaining unit wide basis. In administering this

Agreement, the principle of seniority shall be the determining factor in effecting layoffs, recalls, promotions, and demotions and in respect to other working conditions.

B. The Company shall furnish the Union, upon request, but in no event more than once each six

(6) months, with an accurate seniority list of all employees in the bargaining unit and/ or job classification. Such list is to include the name, classification, latest date of hire, and wage rate of each employee. The Union shall be given written notification of all new hires within ten (10) working days of the new hires start date.

C. Seniority shall be canceled and terminated upon the happening of any one of the following events:

1. Employee quits.

2. An employee is discharged.

3. An employee fails to return to work within ten (10) working days of notice of recall given by the Company by registered or certified mail, and sent to the last known address of the employee.

4. An employee is absent without previously notifying the Company, except in cases of extenuating circumstances

5. An employee overstays a leave of absence without notifying the Company, except in cases of extenuating circumstances.

6. An employee engages in other employment during an unpaid leave of absence without obtaining the prior written permission of the Company.

7. An employee gives false reason for obtaining or extending a leave of absence.

8. Settlement has been made for total disability.

9. An employee has retired.

10. An employee is promoted or assigned to jobs outside of the bargaining unit covered by this Agreement.

11. An Employee loses a required security clearance.

12. An employee who has been in layoff status in excess of twelve (12) months.

Employees who are ill or have been injured will maintain their seniority for 12 months providing they have qualified for FML and continue to provide the

Company with medical documentation and the date they will be able. to report to work.

D. In making assignments to a job vacancy or a new job, the Company shall consider the desires of the employees. The Company shall post a notice of any such vacancy. Any employee interested in such position shall, within five (5) days of posting submit a bid notice to the Operations Manager indicating his qualifications, and work experience for such position. The Company shall-consider those employees who have submitted a bid notice for such posit ion. If the Company determine s that one of the said employees is qualified, or more qualified than another employee(s), it shall assign that employee to such position. In the event the Company determines that more than one employee is equally qualified for such position, the employee with the most seniority, as defined herein, shall be assigned such position. The Company shall notify in writing within

Seven (7) days of the closing of the posting, each employee bidding on a vacancy of the Company's decision concerning that vacancy. In the event no employee signs a bid notice for such position, or if the Company determines that no bidding employee is qualified for such position, then an employee shall be hired/transferred to fill the position. The Company shall have 60 working days after ending an internal posting to fill the position with someone other than existing bargaining unit employee. After 60 working days, the Company must post the job vacancy to the bargaining unit again. If there is a dispute as to the Company's determination of "qualifications", after a position is awarded, then the Chief Steward and Operations Manager (or designee) shall meet to discuss the nature of the dispute, and attempt to resolve the issue prior to the matter being subject to the grievance procedure.

E. Any employee who is awarded a job opening shall undergo a ninety (90) workday trial period in the new position to which he/she is assigned. If, during the trial period the

Company determines that the employee cannot satisfactorily perform the requirements of the new job, he/she shall be returned to their prior position, or its equivalent, and shall receive the applicable rate for such position.

F. When a reduction of working forces becomes necessary, employees shall be retained by the Company in accordance with the definition of seniority set forth in this Article, and according to the number of employees the Company determines is necessary within each job classification-for the reduced operations contemplated by the company. Recall of employees shall be accomplished by the same procedure in reverse. The Company shall give notification of openings for recall by registered certified mail to the last mailing address furnished by the employee. An employee recalled from layoff shall respond within three (3) workdays of receipt of the recall notice as to his intent to return to work.

A copy of such notice shall also be sent to the Union. If no response is received by the

Company within seven (7) days from the date the notice is mailed, the next employee on the seniority list may be recalled and the notified employee will be terminated. If no qualified employee remains on the seniority list, a new employee may be hired or assigned to the open position. Failure of the employee to keep the company advised in writing of his current correct address shall relieve the Company of all obligations indicated in this paragraph.

G. Any employee within a particular job classification who is affected by a layoff within his job classification may bump, based first upon bargaining unit seniority, any less senior employee in any like or lower rated job classification where the employee seeking to bump a less senior employee is qualified for the position in the like or lower rated job classification. When increasing the work force, those employees who were reclassified at the time of layoff will be returned to their former classifications in line with their seniority as opening occur.

H. Temporary work assignments, of fulltime employees, will be limited to thirty (30) workdays.

ARTICLE 13 - HOURS OF WORK

A. The normal workweek shall be Sunday through Saturday. Nothing in this Agreement shall be construed as a guarantee of hours of work per day or per week; or as a limitation on the

Employer's right to require overtime work, except as provided Shifts will consist of eight and one half (8 1/2) consecutive hours. Lunchtime will be as designated by Operations Manager or his designee and will last thirty (30) minutes, unpaid. In the event that an employee works outside of his normal workday such employee shall be paid at the applicable overtime rate, not inconsistent with Article 20 herein.

1. Workweek: The workweek shall consist of seven (7) consecutive days beginning at 12:01 a.m. on Sunday and ending at 12:00 midnight on the following Saturday.

2. Workday: An employee's workday shall begin each calendar day at the regular starting time of his assigned shift and end twenty-four (24) consecutive hours later.

The normally scheduled shift starting times for employees shall be:

a. DAY SHIFT: Between the hours of 7:30 a.m. and 4:00 a.m. or b·. DAY SHIFT: Between the hours of 8:00 a.m. and 4:30 p.m.

Shift workers will be allowed to eat "dinner" while on duty but rnay not leave their assigned workstations other than to perform the duties of his/her job. Shift premium will be paid at

- the appropriate shift differential as per appendix "A".

B. An employee, in the absence of notice not to report for work, who reports for work on his regularly scheduled shift and for whom the Operations Manager .determines there is no work available shall, except when such lack of work is due to an act of God, sabotage, national emergency, or picketing directed against the Company, NASA or other Contractor of NASA, or other circumstances beyond the control of the Company, receive a minimum of four (4) hours pay at his straight time base rate. Under this paragraph only the hours, which are worked, shall be considered as time worked for purposes of computing overtime.

C. In the event it is necessary to call in a regular employee to work, the company agrees that such called out employees shall receive a minimum of four (4) hours pay.

D. The. Employer agrees that it will not, without good arid sufficient reason, vary the normal starting time of an employee on regular workdays during the workweek, Monday through

Friday. The reasons for the change in starting time shall be discussed prior to the actual change with the Union Section Steward.

ARTICLE 14 - ABSENCE FROM WORK

A. Except for illness, injury or other reasons beyond their control, employees are expected to report for work as scheduled unless the Operations Manager or the designated Supervisor(s) authorizes the absence. Unauthorized absences shall subject employees to appropriate disciplinary action.

B. It is the duty of every employee who, for any reason is unable to report to for work as scheduled, or who expects to report to work late, to notify his designated Supervisor(s) 30-minutes prior to the scheduled starting time, of the reasons for the absence and indicating when he/she expects to report to work.

ARTICLE 15 - SICK LEAVE

A. An employee who suffers an injury or illness which prevents the employee from working and with respect to which the employee is not entitled to compensation under any worker's compensation statute shall be entitled to accrue sick/personal leave, up to a maximum of fifty-six (56) hours per contract year. The Company reserves the right to require proof of illness for any period of sick/personal leave exceeding three (3) days

B. Eligible employees will accrue sick/personal leave to a maximum of fifty-six (56) hours per contract year, accrued at the rate of 2.34 hours for each semi-monthly pay period an employee is in a pay status.

C. An employee may request sick/personal leave provided he/she receives the prior approval of the Operations Manager and/or his designated supervisor(s), and further provided the employee has sufficient sick/personal leave hours accrued pursuant to the provisions of this

Article, and further provided that said time off does not unduly interfere with the operations of the Company.

D. Sick/personal leave can be granted in one quarter of an hour increments. Sick leave does not need prescheduled approval. However scheduled appointments will need prior approval. The

Company may require proof of illness for any absence of three (3) or more days.

ARTICLE 16 - LEAVE OF ABSENCE

A. To the extent permitted by workload commitments, an employee covered by this

Agreement will be granted a leave of absence, without pay, for a period not to exceed three (3) months. When circumstances permit, applications in writing for such leave of absence, stating the reasons therefore, must be submitted to the Operations Manager no less than two (2) calendar weeks prior to the first work day of such requested leave. At the discretion of the Company, extended leaves of absence may be granted for good and sufficient cause, when circumstances permit. No employee benefits shall be accrued during the leave of absence, B. Military Leave - The Company agrees to observe all provisions of present law or laws hereafter enacted relating to. its obligations to those of its employees who may leave the service of the Company to enter the Armed Services of the United States.

C. Military Reserve Duty - Annual military leave will be granted employees. The Company will pay the difference between military reserve duty pay and the employee's regular base pay up to thirty (30) days per year provided the employee has completed twelve

(12) months of employment with the Company. Employees must present to the

Operations Manager a copy of military orders or other certification stipulating the period of service and submit certification as to military pay and allowances received. Such said employee will continue to accrue leave and have all health and welfare benefits paid in full for the duration of such leave. Any required employee contributions will be the responsibility of the employee to resolve with the fund administrator.

D. Funeral Leave - In case of the death of a member of the immediate family of an employee, the employee shall be granted five·(5) scheduled workdays off with straight time pay to attend the funeral and tend to administrative details. Members of the immediate family shall be the spouse, children, stepchildren, grandchildren, and parents. In the event other members of the employee's family should die, the employee will be granted three (3) scheduled workdays off with straight time pay to attend the funeral and tend to administrative details. Other members of the employee's family shall be stepparents' brother, sisters, grandparents, spouse's parents, half-brothers and half-sisters brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, and spouse's grandparents.

E. Jury-Service - When an employee is necessarily absent from his regular work shift by reason of required jury service, or to-report to a court in person in response to a jury duty summons, or to report for jury examination, he/she shall- be granted pay for those hours during which he/she is necessarily absent from his regular work shift, less any fee or other compensation paid to him/her by the court for such service. ·

1. Pay for such time lost shall be computed at the employee's, straight time base rate of pay. In no event shall payment be made for jury duty performed on the employees' regularly scheduled days off, holidays defined herein, or for any hours in excess of eight

(8) in any regular workday or hours in excess of forty (40) in any work week.

2. Pay for such time lost shall not, for any employee, exceed a total of hours equal to thirty

(30) regular eight (8) hour workdays in anyone (1) calendar year, less any fee or other compensation paid to him/her by the court for such service.

3. To be eligible for payment of jury service pay, an employee must notify his

Superintendent no later than the completion of his regular work shift following receipt by him/her of such notice or summons. Further, he/she shall be ineligible to receive jury service pay until such time as he/she presents to the Company a statement from an official of the court attesting to the date or dates and time of such jury service, and the fee or compensation paid to him/her by the court for such jury duty and provided the hours of jury duty occur during the individual's regularly scheduled shift or as otherwise provided herein.

a. If a first shift, sometimes known as day shift, the Court releases employee by

11:00 A.M., he shall be required to report to work after release from jury duty. If the Court releases a day shift employee after 11:00 A.M., he shall be required to work his next scheduled workday.

b. If the Court releases a second or afternoon shift employee by 12:00 P.M. he shall be required to work his scheduled shift. If the Court releases a second or afternoon shift employee after 12:00 P.M. he shall not be required to work his scheduled shift on that day.

c. A third shift employee shall not be required to work his scheduled shift immediately prior to his first morning of jury duty. If a third shift employee is released by the Court by 4:30 P.M. and not scheduled for jury duty the following day, he shall be required to work his scheduled shift that night. If the Court releases a third shift employee after 4:30 P.M. he shall not be required to work his scheduled shift that night.

F. Union Business Leave - Upon furnishing the Company reasonable advance notice, wherever possible two (2) weeks, employees will be granted leave of absence without pay for the purpose of Union business. Such leave is limited to thirty- (30) calendar days but the Company will give consideration for an extension, if required, upon written request to the Company. Such leaves will be limited to one (1) employee at any given time. Such employees may exercise seniority rights to return to their former position.

During leaves of thirty - (30) days or less, employees shall retain, and continue to accrue seniority.

When an employee is elected or appointed to a "full time" position in the Union, the

Company shall grant a Leave-of Absence to the employee for the duration of the elected term. Seniority will continue to accumulate for this employee for up to 12 months. Within the 12-month period, the employee shall be able to return to his/her previous position or equivalent if the previous position no longer exists. Such return shall be subject to all necessary requirements of a new hire.

G. Maternity Leave - Maternity leave shall be treated as any other disability and will be covered under the applicable disability plan.

H. Administrative Leave - Employees shall be given paid time off for all periods of time which are declared as administrative leave periods by NASA Wallops Flight Facility for contractor personnel, (base closure). It is to be noted, however, that critical functions will be manned as required by Company personnel. All Employees required to work on such administrative leave days will be paid $5.00/hour in addition to their regular straight time rate for all hours covered by the administrative leave period. For extended periods, such as consecutive days, all intervening hours shall be considered as administrative hours for computing pay.

I. Employees on approved leaves of absence shall maintain levels of seniority existing at the commencement of said leave. Employees returning from said leave shall be restored to their former job, or its equivalent, providing such job exists. In the event no such job exists, the returning employee shall have the right to displace another employee with less seniority in any job for which the returning employee is qualified, as determined by the Company in its sole discretion.

J. Under the provisions of the federal Family and Medical Leave Act, the Company and the

Union acknowledge that the requirements of this legislation are applicable to bargaining unit personnel covered under the terms of the Collective Bargaining Agreement. Toward that end, it is recognized and agreed that under FMLA, insurance continuation, where applicable, will be provided to employees under the same conditions as active employees including the required payment of employee contributions. Should a dispute arise regarding interpretation of the FMLA provisions, which cannot be resolved by the parties, such issues shall not be subject to the grievance and arbitration provisions of this Collective Bargaining Agreement, but may be referred to a third party for assistance in resolution. Where necessary, when an employee requests a reduced or intermittent leave under the FMLA, the parties agree that the duration of such temporary assignment will not exceed the provision of the FMLA. Transfer provisions will be impacted only to the extent necessary to accommodate the approved employee's request. Employees on FMLA shall continue to accrue seniority during such periods.

Leave approved and taken under FMLA will not be counted for purposes of discipline.

Where these provisions are changed or modified as a result of court or other interpretation of FMLA, the application of such interpretations shall be adjusted to conform to applicable law. Upon request for other than intermittent FMLA, the employee can choose to use his leave (vacation/sick) during his/her FMLA leave. For approved intermittent FML, the employee is required to use his/her sick leave prior to any voluntary use of their accrued vacation.

ARTICLE 17 - HOLI DAYS

A. The following days are designated as holidays:

New Year's Day

Martin Luther King's Birthday

Washington's Birthday

Memorial Day

Juneteenth

Independence Day

Labor Day

Columbus Day

Veteran's Day

Thanksgiving Day

Christmas Day

Employee's Birthday

B. Should any of the above holidays fall on Saturday or Sunday, the Company will observe as the holiday the day determined by NASA Wallops Flight Facility. Any employee who is required to work on the day observed as a holiday shall, in addition to straight time pay, be paid at 100% for all hours worked on that day, in addition to eight (8) hours pay at his straight time base rate of pay. An employee who is required to work on the day observed as a holiday and who does not report to work shall be-subject to disciplinary action and shall be ineligible for benefits under this Article for that holiday, unless the failure to report to work was beyond the reasonable control of the employee.

1. Shift workers will use the actual Holiday and not the observed holiday. All shift workers required to work on an actual Holiday Shall receive two (2) times his straight time hourly base rate of pay for all hours worked on that day, in addition to eight (8) hours pay at his straight time base rate of pay.

2. To be eligible for holiday pay, the employee must be in a pay status.

C. An eligible employee who is not required to work on the day observed as a holiday shall receive eight (8) hours pay, exclusive of all premiums, at his straight time base rate of pay.

D. Any additional holidays celebrated by NASA at Wallops Island Flight Facility will be recognized as holidays. In addition to the above listed days for each day NASA Wallops

Island Flight Facility elects to close and not allow employees into their work areas, provided the government instructs the Company to observe that day and the Company is reimbursed.

ARTICLE 18 - VACATIONS

A. Each regular fulltime employee who has completed his initial review period shall earn vacation for each complete calendar week paid. The amount of vacation which an employee will earn for each calendar week shall be- determined by the number of years of continuous service completed by the-employee from his most recent date of hire,-as defined by the provisions of the Service Contract Act, in accordance with the following chart:

SEMl-M ONTHL Y ANNUAL

ACCRUAL RATE ALLOTMENT

YEARS OF SERVICE

3.34 80 HOURS 1st THROUGH 5th YEAR 0-60 months

5.00 120 HOURS 6th THROUGH 11th YEAR 61 - 132 months

6.67 160 HOURS 12th THROUGH SUCCEEDING

YEARS

133+ months

B. When scheduling vacation of five (5) consecutive days or more, employees will give fourteen

(14) days written notice. If two (2) or more employees request the same vacation date(s) and the Company determines to approve some but not all such vacation request for such date(s), the requests of the senior employee(s) shall be honored. Requests for vacation will be returned either approved or disapproved within five (5) workdays from receipt. Once an employee's vacation request is approved it will not be overridden by a request from a more senior employee for the same time frame. The Company shall reimburse the employee for unrecoverable funds due to a direct cancellation of approved leave by the Operations manager or his designee.

C. An employee, whose designated job classification is listed in Appendix A of this

Agreement, shall be compensated for vacation at the straight time base pay rate of pay for the designated job classification at the time the vacation is taken.·

D. Paid holidays falling within an employee's authorized and previously scheduled vacation period, shall not be charged to that employee's vacation account.

E. Eligible employees shall accrue and vest vacation by pay period in accordance with the accrual schedule set forth above. Prior to the end of each year of this agreement, employees may use the leave at a time mutually convenient to the employee and the

Company or carry forward up to a maximum of forty (40) hours. Sixty (60) days prior to the end of any year covered by this agreement, employees will also have the option of selling the Company leave (in minimum of forty (40) hour increments).

F. An employee who leaves the employment of the Company will be paid for accrued vacation hours at his straight time hourly rate.

G. Vacation leave time may not exceed the maximum allowable carry over amounts. Any vacation leave accrued in excess of the maximum of the employee's annual accrual rate shall be paid to the employee in accordance with current company policy.

H. If, due to work load requirements and operational needs of the Company, an employee is unable to schedule his/her vacation, _ and the said-inability to schedule the vacation results in an employee having accrued more than the maximum allowable hours to carry over into a year, it is agreed that the employee(s) so affected shall have an additional ninety (90) calendar days to reduce his vacation accrual to the maximum.

I. Vacation leave may be used in one quarter of an hour increments.

J. Should an event occur in which employees of the contract observe administrative leave, such administrative leave shall not be credited to employees who have scheduled vacation time.

ARTICLE 19 - WAGE RULES

A. The rates set forth in Appendix "A" attached hereto and made a part of this Agreement shall prevail on and after the effective date indicated thereon.

B. When a new job classification, in addition to those listed in Appendix "A" is created, the wage rate therefore shall be determined by negotiation between the Company and the

Business Representative of the Union. Pay increases or decreases shall become effective on the beginning of the next semi-monthly pay week.

C. Wages will be paid semi-monthly on the 10th and 25th days of the month. In the event that a regularly scheduled payday falls on a weekend or holiday, employees will receive pay on the last day of work before the regularly scheduled payday.

D. The Company shall provide, at the employees request, direct deposit into the bank of the employees choice. This deposit shall be made no later than the regularly scheduled paid day. The company will also provide, for those employees enrolled in direct deposit;

online access to their paystub. The company will provide the employee the option to continue to receive a distributed hardcopy of their paystub.

E. Employees required to work shift hours, shall be paid a premium as set forth in Appendix "A,,.

F. Employees who are called back to work after completing their normal workday, or called in on a day, on which they are not normally scheduled to work, shall receive a minimum of four (4) hours of pay.

G. Employees working under this agreement are required to respond to after hour facility failures after being properly notified. It is·clearly understood that each employee shall respond to phone calls/requests to report.

ARTICLE 20 - OVERTIME

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

B. It is recognized and agreed that from time to time overtime work may be necessary, and provided reasonable advance notice is given (except in emergency_ _situations, not later than Friday 12:00-noon when the overtime-involves-Saturday and Sunday work, or not later than the end of the regular shift on the day preceding the day on which overtime is to be worked when the overtime involves the extension of a shift), the Company may assign employees to work overtime. Such assignments will be made in a fair and equitable manner, based on the employee's classification, seniority, and safety concerns.

C. Nothing in the Agreement shall be construed as requiring the Company to call in employees for overtime work when qualified employees are on the Company premises.

D. In addition to regular straight time pay, overtime pay shall be paid as follows:

1. At 50% for all hours worked in excess of 8 (eight) on any regularly scheduled workday.

2. At 50% for all hours worked in excess of forty (40) hours in a workweek.

3. At 50% for all hours worked on Saturday as such. With the exception of shift workers.

4. At 100% for all hours worked on Sunday as such. With the exception of shift workers.

5. At 100% for all hours worked on a Holiday, in addition to eight (8) hours straight time holiday pay.

6. All non-paid hours will not be used as hours worked for the computation of overtime.

E. All overtime shall be at the direction of the Operations. Manager and/or the designated

Company Supervisor(s), unless said overtime is part of an employee's regular work shift and/or schedule.

F. There shall be no pyramiding of overtime and/or any other premium payments.

G. When an employee works overtime, his regular hours of employment for the week in which said overtime occurs shall not be reduced because of said overtime.

C. The Company agrees to maintain spreadsheet records of all overtime worked and declined by employees in each…