Attachment L.11 - CBA-2022-50.pdf

ATTACHMENT L.11

GODDARD SPACE FLIGHT CENTER

COLLECTIVE BARGAINING AGREEMENT: CBA-2022-50

REVISION: 1

DATE: 02/01/2022

ACCOMACK COUNTY, VIRGINIA

RFP NUMBER: 80GSFC22R0004

CONTRACT NUMBER: TBD

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

ALUTIIQ ADVANCED SECURITY SOLUTIONS,

LLC

and the

INTERNATIONAL UNION, SECURITY, POLICE

AND FIRE PROFESSIONALS OF AMERICA

(SPFPA)

And its Amalgamated Local 459 thereof representing the

SECURITY EMPLOYEES

Assigned to the

NASA Facility at Wallops Island, VA

DocuSign Envelope ID: BCBCE698-2CC5-487A-9F45-803683C3FDC2

TABLE OF CONTENTS

AGREEMENT……………………………………………………………………………………4

ARTICLE 1 RECOGNITION AND CERTIFICATION………………………………………4

ARTICLE 2 UNION ACTIVITY AND NON-DISCRIMINATION…………………………. 4

ARTICLE 3 UNION REPRESENTATION…………………………………………………5

ARTICLE 4 MANAGEMENT RIGHTS……………………………………………………….6

ARTICLE 5 UNION DUES…………………………………………………………………….7

ARTICLE 6 SAVINGS CLAUSE………………………………………………………………8

ARTICLE 7 INITIAL REVIEW PERIOD……………………………………………………...8

ARTICLE 8 STRIKES AND LOCKOUTS…………………………………………………….9

ARTICLE 9 EMPLOYEE RESPONSIBILITIES………………………………………………9

ARTICLE 10 SAFETY AND HEALTH…………………………………………………….…10

ARTICLE 11 GRIEVANCE AND ARBITRATION…………………………………………..11

ARTICLE 12 SENIORITY……………………………………………………………………..13

ARTICLE 13 HOURS OF WORK……………………………………………………………...16

ARTICLE 14 ABSENCE FROM WORK………………………………………………………18

ARTICLE 15 SICK/PERSONAL LEAVE……………………………………………………..18

ARTICLE 16 LEAVE OF ABSENCE………………………………………………………….19

ARTICLE 17 HOLIDAYS……………………………………………………………………...22

ARTICLE 18 VACATIONS ……………………………………………………………………23

ARTICLE 19 WAGE RULES…………………………………………………………………..25

ARTICLE 20 OVERTIME……………………………………………………………………...26

ARTICLE 21 HEALTH, WELFARE AND 401(k) Plan………………………………..……...27

ARTICLE 22 TRAVEL…………………………………………………………………………28

ARTICLE 23 HAZARDOUS DUTY…………………………………………………………...29

ARTICLE 24 DISCIPLINE……………………………………………………………………..29

ARTICLE 25 TRAINING………………………………………………………………………30

ARTICLE 26 CROSS CLASSIFICATION WORK …………………………………………...31

ARTICLE 27 DRUG AND ALCOHOL POLICY.…………………………………………….32

ARTICLE 28 NON-BARGAINING UNIT EMPLOYEES WORKING……………………... 35

ARTICLE 29 SUCCESSOR CLAUSE………………………………………………………..35

ARTICLE 30 DURATION…………………………………………………………………….36

ARTICLE 31 FINALITY………………………………………………………………………36

APPENDIX “A” WAGE SCHEDULE………………………………………………………..38

AGREEMENT

A. The Agreement made this 1st day of July 2021, by and between the Alutiiq Advanced

Security Solutions, LLC (hereinafter referred to as the “Company”), and the International

Union, Security, Police and Fire Professionals of America (SPFPA) and its Amalgamated

Local 459 (hereinafter referred to as the “Union”) covering the security employees of the company employed at National Aeronautics and Space Administration facility at Wallops

Flight Facility Wallops Island, Virginia, and assigned under NASA Contract No.

80GSFC18C00090.

B. The parties acknowledge and agree that during the negotiations which resulted in this

Agreement, each had the unlimited right and opportunity to make demands and proposals with the respect to any subject or matter not removed by law from the area of collective bargaining, and that the understanding and agreements arrived at by the parties after exercise of that right and opportunity are set forth in this Agreement.

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 of NASA under NASA

Contract No. 80GSFC18C00090 and its successor contractors as successor contractors are defined under the Service Contract Act. All employees designated by the National

Labor Relations Board's Certification of Representation in case No. 5-RC-16631, 05-RC-

123403 and voluntary recognitions, including all full time and regular part time security officers, security police officers, admin security specialist, security police lieutenants, dispatchers and K9 officers performing duties as defined in Section 9(b) (3) of the

National Labor Relations Act, as amended; but excluding all office clerical employees, professional, managerial and supervisory employees as defined in the National Labor

Relations Act, as amended.

ARTICLE 2 - UNION ACTIVITY AND NON-DISCRIMINATION

A. The Company and the Union mutually agree that there shall not be any discrimination, harassment, interference, restraint or coercion by either party against any employee because of his or her membership or non-membership in the Union.

B. There shall be no discrimination by the Company or the Union against any employee because of race, sex, creed, color, national origin, age, physical or mental disability, veteran status or other status protected by applicable federal, state or local law or regulations. There shall be no harassment or discrimination against any employee exercising his right to file a grievance. Any claim by an employee of such harassment and/or discrimination shall be subject to the grievance and arbitration provisions of his

Agreement, and any arbitrator shall have the authority to hear and decide such issues, and any decisions or awards of such arbitrator shall be final on binding upon all parties.

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

“his”, in this Agreement refer equally to 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.

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. 80GSFC18C00090 and its successor contracts are defined under the Service Contract Act.

ARTICLE 3 - UNION REPRESENTATION

A. The Company will recognize five (5) Stewards, one of which may be designated by the

Union as Chief Steward, who shall be selected from the group of full time employees within the bargaining unit who have satisfactorily completed their probationary period.

The Union will specify the selective Stewards and any changes therein in writing to the

Company.

B In exercising their responsibilities to the bargaining unit employees, the Union representatives or stewards shall not conduct any union business during the working time of the representatives/steward or any fellow employees, except with prior notice to the

Company.

C. Upon prior notice to the Project 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 Project Manager of the name(s) of such employee(s), and the Project 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 its contract with

NASA, and shall advise the Union of such employee(s) availability.

D. The union will have a mailbox, which the Company shall use to distribute needed paperwork. This paper work will include all job postings and seniority lists. Seniority lists will be provided twice each year January 31st and June 30th.

E Each section represented shall have a Union bulletin board for the purpose of displaying job postings and other Union business. The sections are as follows:

R-30 N-127 U-002 (exterior) V10

F. For purposes of this section, an employee may not leave his/her post in order to perform his duties as a Union Representative/Steward or alternate unless proper relief has been arranged. The Company shall arrange for such proper relief when requested.

G. Notwithstanding their position on the seniority list, the following Union representatives, in the event of layoff shall be continued at work as long as there is sufficient security work under this agreement on the NASA Contract at which they are employed:

President, Vice President, and Chief Steward.

ARTICLE 4 - MANAGEMENT RIGHTS

A. The Company shall have the full and exclusive right of managements of the business, including, but not limited to, the direction of the workforce, the right to plan, direct and control all business operations, assignments 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 agreements as it may deem necessary to the successful operation of its business.

ARTICLE 5 - UNION DUES

A. An employee who is not a member of the Union at the time this Agreement becomes effective shall become a member of the Union within ten (10) days after the thirtieth

(30th) day following the effective date of this Agreement or within ten (10) days after the thirtieth (30th) day following employment, whichever is later, as a condition of continued employment, and shall remain a member of the Union, to the extent of paying an initiation fee and the membership dues uniformly required as a condition of acquiring or retaining membership in the Union, for the duration of this Agreement.

B. Employees meet the requirement of being members of the Union, within the meaning of this Article, by tendering the periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership in the Union or, in the alternative, by tendering to the Union financial core fees and dues, as defined by the U.S. Supreme

Court in NLRB v. General Motors Corporation, 373 U.S. 734 (1963) and Beck v.

Communications Workers of America, 487 U.S. 735 (1988).

C. In the event the Union requests the discharge of an officer for failure to comply with the provisions of this Article, it shall serve written notice on the Employer requesting that the employee be discharged effective no sooner than two (2) weeks of the date of that notice.

The notice shall also contain the reasons for discharge. In the event the Union subsequently determines that the employee has remedied the default prior to the discharge date, the Union will notify the Employer and the officer, and the Employer will not be required to discharge that officer.

D. Anything herein to the contrary notwithstanding, an officer shall not be required to pay money to the Union, or to become a member of, or continue membership in, the Union as a condition of employment, if employed in any state, in any location other than an enclave wherein exclusive federal jurisdiction applies, which prohibits or otherwise makes unlawful payment to a labor organization or membership in a labor organization as a condition of employment.

Dues Check-Off

E. The Employer agrees to deduct initiation fees and Union dues or service fees for proportionate share payments from the wages of officers who voluntarily authorize the

Employer to do so on a properly executed check-off authorization card provided by the

Union. Deductions shall be taken from each semi-monthly paycheck in equal amounts not to exceed the total monthly dues amount specified by the Union. Funds deducted, along with a summary sheet including the names, addresses, social security number, the amount of dues deducted from each, shall be remitted to the Secretary/Treasurer of the

Union within fifteen (15) days after the first regular payday of the month. The Employer will also provide a monthly summary sheet describing gross amounts remitted and a schedule, by person and Social Security number, indicating amounts withheld.

F. The Union agrees it will promptly furnish to the Employer a written schedule of the

Union dues, initiation fees, and proportionate share payments. The Union also agrees to promptly notify the Employer in writing of any changes to these amounts. Union authorization cards must be submitted prior to the fifteenth (15th) of the month proceeding the date that deductions are to be made.

G. The Union agrees to indemnify the Employer against any loss or claim, which may arise as a result of the Employer's compliance with the Union membership or check off

Articles. In addition, the Union agrees to return to the Employer any erroneous or improper overpayment made to it.

H. The Union agrees to indemnify and hold the Company harmless against any claim, suites, judgments or liabilities of any sort whatsoever arising out of the Company’s compliance with the provisions of this Union Security and Membership Article.

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 or an unfair labor practice. 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 ninety (90) days of employment. 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.

B. Employees will be eligible for the benefits outlined in this agreement after the ninety (90) day initial review period.

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, 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 Project

Manager, or the Project Manager’s designated supervisory representative(s), who shall be responsible for assigning work, approving absences, first step grievance response, and initiating and taking disciplinary actions. Additionally, supervisors, as designated by the Project Manager, shall be responsible for assigning work. No employee shall be subject to discipline for refusing to carry out the instructions of other than said designated

Supervisors.

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 or maintain certifications or qualifications, or loss of individual qualifications, licenses, training, or certifications required by the Company’s contract with NASA shall be cause for discharge.

D. Failure to maintain the required physical requirements, as requirements, as required by the company’s contract with NASA shall be cause for discharge. Employees with physical limitations resulting from legitimate medical conditions will be granted up to 6 months of leave without pay as described under Article 16(a) in which to obtain required medical clearances. Such extended leave shall include all leave under FMLA.

E. In the qualification process for weapons the employee will be given 3 chances to qualify on the required course within a thirty (30) consecutive day period designated by the

Company. A written notice will be provided by the Company for the third and final attempt to qualify.

F. The Company shall provide the Union with a copy of any such new Rules or Regulations and shall meet with the Union to discuss the impact and affect thereof, if any, prior to implementation.

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 and is excused from work by an authorized representative of management, 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 such 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 however this does not compel either party to agree to a reassignment.

D. The Company and the Union encourage employees to submit to the Company written suggestions for improvement of conditions relating to workplace safety.

E. 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 the 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 limited 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 (hereinafter called “Grievant”) claiming a violation by the Company of the terms of this written Agreement.

B. No grievance shall be filed or processed based on facts or events or omissions within the employee’s knowledge, which occurred more than ten (10) consecutive business days prior to the date that such grievance is filed. Payroll adjustments, which are the subject of a written grievance, may be made for no more than one month prior to the filing of a written grievance.

Consecutive business days is defined as Monday through Friday 0600 to 1800 hours excluding holidays that fall on a consecutive day.

C. Both parties agree to exert an earnest effort to settle such grievances through this procedure:

Discharge Case. Any grievance involving a discharge shall be commenced at Step 3 of this procedure, and the written grievance shall be presented to the Operations Director, or his designee, within seven (7) consecutive business days after the discharge date, if said employee feels aggrieved. If this is not done, all rights of recourse are forfeited.

Step 1. Any matter in 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 Company Supervisor or designated representative within ten (10) consecutive business days in an attempt to settle the matter. If such matter is not resolved at this informal step, the aggrieved party(s) may move to Step 2.

Step 2. The Employee and/or Steward shall submit the grievance in writing to the

Program Manager, or his designee, within ten (10) consecutive business days from the date that the Step 1 was completed. When the grievance is presented to the Program

Manager, or his designee, he will have ten (10) consecutive business days to provide a written response to the grievance. The Employee or Steward shall indicate their acceptance or rejection of the Step 2 answer. If no written response is provided by the

Union to the Company, the grievance shall be deemed withdrawn.

Step 3. If the grievance is not resolved at Step 2, the Employee or Steward shall submit the written grievance to the Operations Director, or his designee, within ten

(10) consecutive business days. The Operations Director or his designee, shall have ten (10) consecutive business days to respond to the grievance.

Step 4. In the event the grievance is not resolved in Step 3, the Union may, within fourteen (14) consecutive business days after receipt of the Company’s response request the Federal Mediation and Conciliation Service (FMCS) to submit a list of seven (7) proposed arbitrators from which the Union and the Company shall choose one to hear the grievance. Upon receipt of the said list of seven (7) arbitrators, the

Union and the Company shall alternately strike (one) name from the list, and the remaining name shall be designated to hear the grievance. Either the Union or the

Company may, as a matter of right, reject the first list received from the FMCS, and request that a second list is provided to the parties. Each party may do so only once with respect to any particular grievance.

D. Any arbitrator selected by the parties as set forth above shall be empowered by this

Agreement to conduct a hearing, hear testimony and render a decision consistent with the terms of this Agreement. The arbitrator’s decision shall be limited to the particular grievance-giving rise to the arbitration proceeding, and shall not have the authority to alter, amend, add to, modify or change the terms and provisions of this Agreement. The arbitrator’s decision shall be final and binding upon the parties.

E. The Union and the Company shall share equally the expenses and fee of the arbitrator, including any mutually-agreed upon services relating to the arbitration proceedings, such as the transcript of the hearing. 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 excused without substantial interference with the operation of the Company’s work.

F. 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 moving the grievance to the next step.

Failure by 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 or the said associated claims shall be barred.

G. In any case involving discipline or discharge, 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.

H. Nothing in this Agreement shall be construed to prevent an employee from discussing any problem with his supervisor(s), the Project Manager, or any other official of the

Company, 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 within the bargaining unit, 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) days of the new hires start date.

C. Seniority shall be canceled and terminated upon any 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, absent extenuating circumstances.

5. An employee overstays a leave of absence without notifying the Company, absent 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 a position outside of the bargaining unit covered by this Agreement for more than twelve (12) consecutive months shall lose their seniority.

11. An Employee loses a required security clearance.

12. An employee is laid off due to lack of funding or workload, in which case the employee shall retain their seniority as of the date of the lay-off for a period of 12 months following lay-off. All recalls for positions reduced by layoff shall be filled considering the 12-month seniority retention rule.

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 Shift Supervisor indicating his qualifications, and work experience for such position to include seniority. The Company shall consider those employees who have submitted a bid notice for such position. If the Company determines that one of the said employees is qualified, or more qualified than another employee(s), it shall assign that employee to 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 then an employee may be hired/transferred to fill that position. The Company’s determination of “qualifications” shall be subject to the grievance procedure.

E. Any employee who is awarded a position shall undergo a (120) one-hundred twenty 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 letter 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 contained in this Article.

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 workforce, those employees who were reclassified at the time of layoff will be returned to their former classifications in line with their seniority as openings occur.

ARTICLE 13 - HOURS OF WORK

A. The normal workweek for receptionist shall be Monday through Friday. The Company shall retain the right to determine starting and ending times of the Admin Security

Specialist, which shall consist of eight and one half (8 ½) consecutive hours. An unpaid lunchtime will start 3 ½ hours into each employee’s workday, and shall be for (30) thirty minutes. In the event that an employee works outside of his normal workday, such employee shall be paid at the applicable overtime rate.

B. The normal workday shall consist of twenty-four (24) hours beginning at 0001 hours and the normal shift shall consist of four (4) to sixteen (16) consecutive hours. Changes in hours of work may be made whenever necessary for the purposes of legitimate scheduling requirements such as training or special events. Except in cases of a client emergency, a twenty-four (24) hour notice shall be given in advance of such changes. If the employee is off duty, the supervisor shall make personal contact and maintain a contact log. All such changes on the schedule will be initialed and dated by the supervisor making the change.

C. No employee shall provide more than sixteen (16) hours of service in any twenty-four

(24) hours period unless the work hours are separated by a seven and one-half (7.5) hours non-duty period. Exceptions to this rule are extreme emergencies (i.e. weather conditions that prevent the relief personnel from getting to the building; civil disturbances; natural disasters, etc.) or as directed by management or the client.

D. The Company will give notice of employee’s regular scheduled days off. When an employee has two days or more scheduled off in the workweek, such days off will be scheduled consecutively, whenever practicable.

E. Nothing in this Agreement shall be construed as a guarantee of any number of hours of work per day or days per week and nothing in this agreement shall be construed as a limitation upon the Company’s right to schedule hours in excess of, or less than those in the normal workweek.

F. The Company shall fill all Union replaceable positions that are open on any given day due to sick leave, vacation, bereavement, or any other reason.

G. An employee, in the absence of any notice not to report for work, who reports for work on his regularly scheduled shift and for whom the Shift Supervisor/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 other circumstances beyond the control of the

Company, receive a minimum of four (4) hours pay at his straight- time base rate. The

Company shall have the right to require the officer to work for this payment; however, if the employee refuses to perform the assigned duties, they will not be compensated.

Under this paragraph only the hours, which are worked, shall be considered as time worked for purposes of computing overtime.

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

I. Without relinquishing any management rights under Article 4, schedule for posts that run twenty-four hours consecutively seven (7) days a week. Posts will consist of twelve (12) hour shifts with Tuesday's hours being flexible at company’s discretion allowing changes from four (4) six (6) eight (8) twelve (12) or full Panama ( if 12 hour shifts are needed for

Tuesdays then following Tuesday will be off). This will include Supervisor's position.

These posts will remain twelve (12) hour shifts unless change in hours by customers and no longer twenty-four (24) hours seven (7) days a week. Posts that are not staffed 24/7 will be scheduled according to customers needs and subject to change to provide adequate coverage.

J. Part-time - Management will work to maintain sufficient part-time employees to help with staffing. Supervisors have the right to determine what post to place part-time employees.

Part-time employees must work a minimum of 32 hours per month when hours are available and scheduled.

K. Employees regularly scheduled for a minimum of 35 hours per week shall be classified as full time. Employees regularly scheduled to work less than 35 hours per week shall be classified as part time.

L. Government-directed base closures will result in non-essential personnel being paid for hours lost at their regular pay, without being required to use Personal Leave.

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 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 work as scheduled, or who expects to report to work late, to notify the Site Operations

Manager and/or his on duty Supervisor(s) of the reasons for any absence, indicating when he/she will be available to report for work. Employees absent shall notify his on duty Shift Supervisor(s) three (3) or more hours before their scheduled starting time, except in emergency situations. Emergency situations are acts of god, sabotage, national emergency or other emergencies beyond the control of the company.

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 workers’ compensation statute shall not be entitled to accrue sick while out on the leave.

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

With the exception of paragraph A above, employees who have completed the initial review period will accrue sick leave to a maximum of fifty-six (56) hours per contract year, accrued at the rate of 2.33 per semi-monthly pay period an employee is in pay status. An employee must be in a paid status to accrue paid sick leave.

B. Any unused sick leave will be paid out at the end of each contract year. Effective

10/1/16 employees can carryover over up to 24 hours. Hours not rolled over will be paid out the end of the contract year.

C. Sick leave can be granted in 1/25-hour increments. Sick leave does not need prescheduled approval. However, scheduled appointments will require the prior approval by the

Company.

D. Except in emergency situations, beyond an employee’s control, an employee who will be absent due to illness or injury must provide the Company with notice of his/her anticipated absence as soon as the need for such absence becomes known to the employee, a minimum of three (3) hours, regardless of the length of the anticipated absence and regardless of whether the employee seeks sick leave pay for the absence.

Failure to do so will result in disciplinary action, and in the denial of sick pay. The

Company reserves the right to require a physician’s statement for an illness a period of three (3) or more days. If the Company questions the physician’s statement submitted by the employee, the Company may require the employee to obtain a second opinion or a third opinion by a physician designated by the Company, at the Company’s expense. If an employee fails to provide a requested medical certification, or where medical certification does not support the employee’s absence, the employee will not be entitled to sick pay, and may be subject to disciplinary action. An employee who does not provide medical certification that he/she is able to return to work, when required or reasonable requested, may not be permitted to return to work.

E. Failure to report for duty at the scheduled time will result in disciplinary action. This specifically relates to failing to notify the Company of the absences, failing to show for work (No Call/No Show), or unsatisfactory attendance, which constitutes three (3) unexcused missed scheduled workdays within a three (3) month period.

F. Employees may use up to 40 hours of accrued Vacation as personal/sick time each calendar year.

ARTICLE 16 - LEAVE OF ABSENCE

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

Agreement may 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 Program Manager no less than four (4) 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. Employees failing to maintain physical requirements as described under Article 9 (D) due to legitimate medical limitations, will be granted up to three (3) months to meet the required physical requirements. The three

(3) month period shall include the leave of absence which may be granted under this paragraph and as provided by FMLA. Benefits may not be accrued under such absences except as covered hereinafter in paragraph (J)

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 Program

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.

D. Funeral Leave - In case of the death of a member of the family of an employee who has completed his initial review period, the employee shall be granted three (3) scheduled workdays off with straight time pay to attend the funeral and tend to administrative details. If the death requires one to travel five hundred (500) miles or more one would receive five (5) days. Members of the family shall be the spouse, domestic partners, children, stepchildren, parents, stepparents, brothers, sisters, grandparents, grandchild, 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 who has completed his initial review period is 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 work day 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 any one (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

Program Manager, or designated supervisor, 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 working on the “day shift”, if the Court releases employee by 12:00 noon, he shall be required to report to work after release from jury duty if directed by the Company. If the Court releases a day-shift employee after

12:00 noon he shall be required to work his next scheduled workday.

b. A night-shift employee shall not be required to work his scheduled shift immediately prior to his first morning of jury duty. If a night shift employee is released by the Court by 12:00 Noon, he/she shall call the supervisor, and make themselves available for possible assignment during the remainder of the first shift that day, but shall not be required to work the night shift that day.

F. Union Business Leave - The Company agrees to grant three (3) Union officers or delegates a leave of absence upon written request for the purpose of attending Union conventions or other meetings of vital interest to the Union, provided it does not affect the operating efficiency of the Company and the Company has been provided fifteen (15) days advance notice. Union leave shall be limited to ten (10) working days per calendar year and shall be unpaid.

G. Maternity Leave - Maternity may be treated as a disability and covered under the applicable disability plan.

H. 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.

I. 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 Agreement. It is recognized and agreed that under the FMLA, insurance continuations, 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 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 durations of such temporary assignment will not exceed the provisions of the FMLA.

Transfer provisions will be impacted only to the extent necessary to accommodate the approved employee’s request, if such accommodations by transfer, is possible and appropriate. Employees on FMLA leave shall continue to accrue seniority during such periods. Leaves approved and taken under the 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 the FMLA, the application of such interpretations shall be adjusted to conform to applicable law.

ARTICLE 17 - HOLIDAYS

A. The following days are designated as holidays to employees who have completed the initial review period:

New Year’s Day Labor Day

Martin Luther King’s Birthday Columbus Day

Washington’s Birthday Veterans Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

Juneteenth

B. Any of the above holidays that fall on Saturday or Sunday, will be observed as determined by NASA Wallops Flight Facility. Full and Part Time employees required to work on the NASA designated Holiday shall receive 1 times his straight-time hourly base rate of pay for all hours worked on the designated day, in addition to eight (8) hours pay at his straight time base rate of pay.

C. All employees shall observe the actual calendar Holiday and not as determined by

NASA. Employees required to work on a Holiday shall receive 1 times their straight-time hourly base rate of pay for all hours worked on that day, in addition to eight (8) hours pay at their straight time base rate of pay.

D. An employee 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.

E. Full time employees 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. Part time employees holiday pay will be prorated based on the hours paid the previous week.

F. An employee must be in a paid status during his last scheduled shift prior to, and following a holiday in order to receive holiday pay.

ARTICLE 18 - VACATIONS

A. Each 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:

ANNUAL

ALLOTMENT

SEMI-

MONTHLY

ACCRUAL

RATE

ANNUAL

ALLOTMENT

YEARS OF SERVICE

80 HOURS 3.33 80 HOURS 1

st

THROUGH 4

th

YEARS (0-48

months)

120 HOURS 5.25 126 HOURS START OF 5

th

THROUGH 10

th

YEARS (49-120 months)

160 HOURS 7.00 168 HOURS START OF 11

th

THROUGH

SUCCEEDING YEARS

(121 months +)

• Part time employees shall earn vacation on a pro-rated basis.

B. If two (2) or more…