Attachment V WD CBA-2018-11490.pdf

REGISTER OF WAGE DETERMINATION UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT |EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary | WAGE AND HOUR DIVISION of Labor | WASHINGTON D.C. 20210

| Wage Determination No.: CBA-2018-11490

Diane Koplewski Division of | Revision No.: 1

Director Wage Determinations| Date Of Last Revision: 09/10/2019

State: Alabama

Area: Montgomery

Employed on Dla Energy contract for Contract for AirForce Fuels Management Services.

Collective Bargaining Agreement between contractor: Talon East Fuel Services, and union: United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Local 9504, effective 09/01/2018 through

09/01/2020.

In accordance with Section 2(a) and 4(c) of the Service Contract Act, as amended, employees employed by the contractor(s) in performing services covered by the

Collective Bargaining Agreement(s) are to be paid wage rates and fringe benefits beta.SAM.gov https://beta.sam.gov/wage-determination/cba/agreement/65596/document

1 of 2 9/10/2019, 12:29 PM set forth in the current collective bargaining agreement and modified extension agreement(s).

beta.SAM.gov https://beta.sam.gov/wage-determination/cba/agreement/65596/document

2 of 2 9/10/2019, 12:29 PM

COLLECTIVE BARGAINING AGREEMENT

Between

TALON EAST FUEL SERVICES, LLC

MAXWELL INFRASTRUCTURE SUPPORT

And

UNITED STEEL, PAPER AND FORESTRY, RUBBER,

MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND

SERVICE WORKERS INTERNATIONAL UNION AFL-CIO-CLC

LOCAL UNION 9504-01

Effective July 1, 2018

TABLE OF CONTENTS

PREAMBLE 3

ARTICLE 1 UNION RECOGNITION 4

ARTICLE 2 MANAGEMENT RIGHTS 4

ARTICLE 3 UNION MEMBERSHIP - CHECKOFF 5

ARTICLE 4 INTERRUPTION OF WORK 6

ARTICLE 5 BARGAINING UNIT WORK 6

ARTICLE 6 SENIORITY 7

ARTICLE 7 PROBATIONARY PERIOD 10

ARTICLE 8 UNION STEWARDS 10

ARTICLE 9 VISITATION 12

ARTICLE 10 GRIEVANCE PROCEDURE AND ARBITRATION 12

ARTICLE 11 HOURS OF WORK AND OVERTIME 15

ARTICLE 12 CALL-IN - REPORTING 17

ARTICLE 13 WAGES 18

ARTICLE 14 HOLIDAYS 20

ARTICLE 15 VACATION 22

ARTICLE 16 SICK LEAVE 23

ARTICLE 17 JURY DUTY 24

ARTICLE 18 BEREAVEMENT 24

ARTICLE 19 EMPLOYEE BENEFITS 25

ARTICLE 20 UNIFORMS 27

ARTICLE 21 LEAVES OF ABSENCE 28

ARTICLE 22 NON-DISCRIMINATION 31

ARTICLE 23 AIR FORCE REGULATIONS 31

ARTICLE 24 SUB-CONTRACTING 31

ARTICLE 25 EMPLOYEE ADDRESS AND TELEPHONE 32

ARTICLE 26 BULLETIN BOARDS 32

ARTICLE 27 SEPARABILITY 32

ARTICLE 28 INFORMATION PROVIDED TO THE UNION 33

ARTICLE 29 COMMITTEES 33

ARTICLE 30 REST AND LUNCH PERIODS 34

ARTICLE 31 DRUG & ALCOHOL TESTING 34

ARTICLE 32 SEVERANCE 34

ARTICLE 33 DURATION 35

SIGNATURE PAGE 36

APPENDIX A CLASSIFICATIONS AND WAGES 37

MEMORANDUM OF AGREEMENT — RED LINE WAGE RATES 42

PREAMBLE

This AGREEMENT is entered into as of this 1ST day of July, 2018, by and between Talon

East Fuel Services, LLC, hereinafter referred to as the "Company", and the UNITED STEEL, PAPER

AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE

WORKERS INTERNATIONAL UNION, AFL-CIO-CLC, on behalf of its Local Union 9504, hereinafter referred to as the "Union", as representatives of certain Company employees who are engaged in the performance of services relating to the Company's contract with the Department of the Air Force at Maxwell-Gunter Air Force Base, Alabama and included in one of the NLRB certified bargaining units listed in ARTICLE 1, UNION RECOGNITION; and, in the mutual interest of the employees and the Company to promote and further efficiency and economy of operations, to provide orderly collective bargaining relations between the Company and its employees and a method for prompt and equitable disposition of grievances, and a method for the establishment of fair wages, hours, and working conditions for the employees covered hereunder. In making this Agreement, it is recognized to be the duty of the Union and the employees to cooperate fully with the Company, both individually and collectively, for the advancement of the purpose of this Agreement.

The Union recognizes that the Company is a contractor to the Federal Government and that the Company is required at all times to fully meet its obligations as a contractor. Nothing in this

Agreement is intended to prevent the Company from fully meeting its obligations and responsibilities as a contractor.

This Agreement shall be binding upon the successors and assignees of the parties hereto and shall not be affected by any change in the regular status, ownership or management of either party hereto. The Union expressly acknowledges and agrees that the Company is performing services at

Maxwell-Gunter Air Force Base, Alabama, under contract with the United States Air Force, and that in the event the Company's contractual relationship with the United States Air Force at said bases should terminate, the Company shall be relieved of all other obligations under said Agreement.

Anytime the masculine gender is used in this Agreement, the provision shall also apply to the female gender. All provisions of this Agreement shall apply equally to male and female employees alike.

ARTICLE 1- UNION RECOGNITION

The Company hereby recognizes the Union as the sole and exclusive collective bargaining agent in regards to wages, hours, and other terms and conditions for employment, for the employees of the Company employed at Maxwell-Gunter Air Force Base, Montgomery, Alabama in the following bargaining units:

1. Airfield Bargaining Unit — NLRB Case No. 15-RC-8522

2. Civil Engineering Bargaining Unit — NLRB Case No. 15-RC-8537

3. Personnel Systems Bargaining Unit — NLRB Case No. 15-RC-8552

4. Communications Bargaining Unit — NLRB Case No. 15-RC-8553

5. Warehouse & Acquisition Bargaining Unit — NLRB Case No. 15-RC-8562

6. Information Technology Bargaining Unit — NLRB Case No. 15-RC-8563

7. Craft Services Bargaining Unit — NLRB Case No. 15-RC- 8564

8. Janitorial Bargaining Unit — NLRB Case No. 15-RC-8565

9. Mission Support Bargaining Unit — NLRB Case No. 15-RC-8568

10. CE Program Control Bargaining Unit — NLRB Case No. 15-RC-8569

11. NAF Accounting Bargaining Unit — NLRB Case No. 15-RC-8570

12. Recreation Bargaining Unit — NLRB Case No. 15-RC-8653

13. Marketing Bargaining Unit — NLRB Case No. 15-RC-8657

14. Civil Engineering Support Bargaining Unit – NLRB Case No. 15-RC-8759

ARTICLE 2 - MANAGEMENT RIGHTS

The Company shall remain vested with all management functions, including the full and exclusive control, direction but not limited to the right to hire, suspend, or discharge for just cause, to assign to jobs, to increase and decrease work force, to determine services to be performed, and the schedule of work, and the methods, processes of means of performing the services, to promote, demote, or transfer, to maintain discipline of employees and to make reasonable rules and regulations for the purpose of maintaining efficiency and discipline which do not conflict with the terms of this

Agreement. The Company further shall have the right to establish reasonable standards relating to the performance of the job functions and to be the judge of an employee's ability to perform work according to the standards so set. Should an employee be unable to perform work according to the

Company's standards, the Company shall have the right to terminate and discharge that individual from employment, subject to the provisions of this Agreement. In the event of a conflict in interpretation by any arbitrator or court of competent jurisdiction as against any other provision of this Agreement, this section shall prevail.

ARTICLE 3 - UNION MEMBERSHIP - CHECKOFF

The Company will deduct from the pay of each employee covered by this Agreement, the

Union initiation fee of Ten Dollars ($10.00), and regular monthly dues as prescribed by the

International Secretary-Treasurer of the Union. Such deductions, accompanied by an itemized statement showing the name of each such employee who is employed on the date such deductions are made and the amount of initiation fee dues, and/or lawful assessments deducted from each, shall be remitted by the Company to the International Treasurer, United Steelworkers, AFL-CIOCLC, Five

Gateway Center, Pittsburgh, Pennsylvania, 15222, within ten (10) days after the month in which such deductions are made. A copy of the itemized statement shall be forwarded to the assigned Staff

Representative at 1413 Thompson Circle, 1st Floor, Gardendale, AL 35071.

The Union will identify and provide employee authorizations for each deduction required by this Agreement. The Union hereby indemnifies the Company and agrees to hold harmless and free from any loss and/or liability arising at any time by virtue of the making of any deduction in accordance herewith.

SECTION A.

All employees, not members of the Union, (including part-time employees who average working more than twenty-five (25) hours per month) receiving benefits under this Agreement shall pay to the Union, commencing thirty (30) days after employment and continuing during the terms of this Agreement, and so long as they remain non-members, as a condition of employment, a service charge as a contribution toward the cost of administration of the Agreement and the repre sentative of such employees. The amount of this service charge shall be equivalent to the amount required to be paid as Union initiation fees and dues by those employees who become members of the Union.

SECTION B.

The provisions of this Article, Section A, shall be deemed to be of no force and effect in any state whose law governs this Agreement to the extent to which the making or enforcement of such provisions is contrary to statutes, constitutional amendment, or law is declared by the Court of last resort having jurisdiction of such questions to be invalid, the provisions of Section A above shall immediately thereupon be deemed to cover the bargaining unit of employees directly affected by such declaration of invalidity.

ARTICLE 4 - INTERRUPTION OF WORK

During the term of this Agreement, or any extension thereof, no employee shall engage in a strike, slow down, refusal to work, or any other disruption of work, nor shall the Union or its representatives or members cause, authorize, pay, condone, or participate in any strike, stoppage of work, boycott, or other work interruption or interference with the Company's operation. Should any employee engage in any of the above listed activities he/she shall be subject to discharge or other disciplinary action as may be determined by the Company.

During the term of this Agreement, or any extension thereof, there shall be no lockout by the

Company.

The provisions of this Article shall not come within the grievance and the arbitration procedures for the purpose of assessing damages or securing specific performance of the terms hereof. Such matters shall be solely determined in the appropriate Court.

ARTICLE 5 - BARGAINING UNIT WORK

It is understood and agreed that non-bargaining unit and/or supervisory personnel may perform work of employees covered by this Agreement under the following conditions:

1. For the purpose of instructing and training employees.

2. Under emergency conditions in order to prevent injury to employees or other individuals or damage to property or when unit employees are not immediately available.

3. When required for military exercises or immediate surge requirements imposed by the

Government.

4. In circumstances which Bargaining Unit employees lack the technical ability to perform the required work.

5. When work being performed is incidental to job duties of a position which is not covered by this Agreement.

6. In circumstances which are required to ensure the quality of performance and/or the satisfaction of the Company's obligation as a contractor to the Government when a bargaining unit employee cannot be reasonably obtained.

It is not the Company's intent to erode the work of the Bargaining Unit or affect any reductions in force of Bargaining Unit employees by any of the aforementioned conditions.

ARTICLE 6 - SENIORITY

SECTION A.

Seniority shall be defined as the length of continuous, uninterrupted service of the employee with the Company or predecessor contractor, whichever is earlier, provided that the employee shall have first completed his/her probationary period. In the event that two (2) or more employees have the same date of hire, seniority shall be determined by the month, day and year of birth.

SECTION B.

In the application of principles of seniority as provided in this Agreement, consistent with applicable Federal and State laws and regulations, the employee must have the qualifications and physical capability to perform the work involved. The terms "qualified" or "qualifications" for the purpose of filling of vacancies means that the employee meets the requirements of th e job description. For all other purposes under this contract, "qualified" or "qualifications" for also includes having the ability (includes all authorizations required) to perform the work without the necessity of any additional training. In addition to these qualifications the Company will give preference to seniority among employees who meet the requirements of this Section.

It is understood and agreed that in all cases of increases or decreases of forces and promotions, the following factors shall be considered:

1. Ability to perform the work.

2. Senior i ty.

Only where factors 1 and 2 are relatively equal shall seniority be the determining factor.

SECTION C.

The Company retains the right to assign available work to employees, and to transfer qualified workers to and among jobs, shifts and days off, where needed, and such assignments will be made by seniority.

SECTION D.

In the event of a job opening or new job created within a particular bargaining unit, the

Company will post the job for bid for a period of seven (7) working days in all units and on all Union bulletin boards. The location of all Union bulletin boards will be confirmed with the Union. All employees may bid for the job opening. Employees in the particular bargaining unit where the job exists will be considered first before employees in other units will be considered. The job will be awarded according to the criteria in Section B, above. If no qualified employee bids on said job, the

Company may hire an outsider.

Human Resources will notify the Local Union President in writing of the name of the employee selected within ten (10) working days of the position being filled. The Company will notify the Local Union President in writing if a decision is made to allow the position to remain vacant after it has been posted. Such notification will be made as soon as possible after the decision is made.

SECTION E.

An employee will lose his/her seniority standing in the event that he/she:

1. Resigns

2. Discharged for Just Cause

3. Laid off for twelve (12) consecutive months

4. Absent due to illness certified by a Physician for twelve (12) consecutive months

5. Absent due to on the job injury for twenty-four (24) consecutive months

6. Fails to return from written leave of absence at the end of such leave

7. Absent for three (3) consecutive working days without a bona-fide excuse acceptable to the Company. However, if the employee is reinstated, all previous seniority will be restored.

SECTION F.

Notice of recall from layoff shall be by certified mail, to the employee's last known address filed with the Company. The employee has five (5) days to notify the Company that he/she will return to work and he/she must return to work within seven (7) days from date of delivery of said notice unless the Company grants an extension. Requests for an extension must be made in writing.

An employee failing to abide by these conditions shall forfeit his/her recall and seniority rights.

SECTION G.

No employee will be laid off without ten (10) working days written notice by the Company.

Employee(s) who is/are laid off from his/her job may displace an employee, who is junior, provided he/she is qualified to perform the work. Any laid off employee may within five (5) working days of layoff notify the Company's Human Resources Department of other jobs he/she may be qualified for.

Should a vacancy occur during the layoff in a classification for which the employees has provided such notice, the Company will consider the employee for the vacancy.

SECTION H.

An employee who advances to a position in management out of the bargaining unit or another position within the bargaining unit will be granted a thirty (30) day probationary period. If the employee does not, or cannot perform his/her job adequately, he/she will be allowed to return to the previous position with no loss in seniority. Any person who bid or filled the position during the 30 -day period will also return to his/her former position.

SECTION I.

The Company will provide the Union with the name, position, and date of hire of any new employees subject to the Collective Bargaining Agreement within one week after hire. A seniority list shall be established for each bargaining unit and shall be revised at least each three (3) months with a copy furnished to the International Staff Representative and the Local Union. The list shall be posted on all Union bulletin boards.

SECTION J.

The Company will keep all bargaining unit employees trained, as required by the contract performance work statement (PWS), or as new equipment is introduced. Any employee selected by the company for training will be paid his/her normal wage rate during such training and will be reimbursed any travel expenses in accordance with Company policy and the DOD Joint Travel

Regulation. Any employee who wishes to attend a particular training course will advise the Company of his/her desires. Selection of employees for training when offered by the Company shall be made by the Company based on qualifications, ability, physical fitness, job performance and seniority. All other factors being equal, seniority shall govern.

ARTICLE 7 - PROBATIONARY PERIOD

SECTION A.

Every new employee shall be on probation for the first ninety (90) calendar days of employment, and every rehired employee shall be on probation for the first sixty (60) days of re employment. A part-time employee who has worked on a part-time basis shall serve a sixty (60) day probationary period if hired in a full-time position, provided the employee has worked part-time for a minimum period of ninety (90) days. The applicable Union representatives will be consulted by management prior to the end of the probationary period as to the suitability of the new hire's job performance.

A probationary employee will not compete for, nor work overtime until all regular full - time employees in the same classification assigned on the same shift and location have been offered the overtime.

SECTION B.

At any time during the ninety (90) day, or sixty (60) day probationary period specified above, any employee may be discharged for any reason, and any such employee so discharged shall not have the right to file or have other recourse to the grievance procedure.

ARTICLE 8 - UNION STEWARDS

SECTION A.

The Company agrees to recognize the Grievance Committee and Shop Stewards duly authorized by the Union to represent those employees covered by the terms of this Agreement. The number of Committee members and Stewards authorized for the bargaining units covered by this

Agreement are as follows:

GRIEVANCE COMMITTEE PERSONS SHOP STEWARDS

Airfield Unit 1 2

Civil Engineering and Warehouse & Acquisition, CE Program Controls, CE Support Units

1 5

Personnel Systems, Mission Support (minus

Community Center Specialist) Unit 1 2

NAF Accounting Unit 1 1

Communications Information Technology and

Communications Units 1 3

Craft Services and Mission Support Community

Center Specialists Only Unit

Janitorial Unit

Recreation Unit 1 4

The Company recognizes the need for continuity between the Local Union representatives and its members. As such, the Company will make every effort to recognize this need when movement of employees is necessary to support contract requirements. It is agreed that the representation objective can be achieved with the above Union representatives unless modified by mutual agreement of the Company and the Union.

The Union will notify the Company in writing of the names of Local Union officers , grievance committeepersons and Shop Stewards, and the areas each Committeeperson or Steward represents. The Company will not recognize any subsequent changes of Stewards until official written notice is received from the Union.

SECTION B.

It is agreed and understood that Officers, Committeepersons and Shop Stewards are to continue to be a productive, contributing and working employee of the Company subject to all the normal and usual rules and regulations of any other employee. However, Committeepersons, Officers, and Shop Stewards will be granted permission, when requested, to receive and process grievances in and about those work centers for which he/she is responsible without loss of pay. The

Company will allow a Shop Steward the opportunity to meet new employees assigned to his/her work center for the purpose of explaining the CBA. Shop Stewards shall not handle any grievance arising outside of their respective areas except in the absence of a Shop Steward. In such an event, the Shop

Steward assigned to the area nearest the absent Shop Steward's area shall be permitted to handle grievances in the absent Shop Steward's area.

When a Committeepersons, Officers, and Steward find it necessary to investigate a grievance, the Steward shall request permission to leave his/her work assignment from his/her supervisor. Such request must include the nature of the grievance, if known, who the Steward wants to talk to, and how long the Steward expects to be off the job. Upon entering the work area of another Supervisor's responsibility, the Steward will contact that Supervisor and gain permission to contact any employee.

If permission is denied, the Supervisor will promptly establish an alternate time at which the Steward can contact the employee(s). The above procedures will apply to equally to Grievance

Committeeperson and Stewards.

SECTION C.

The senior Union representative in each Bargaining Unit, employed by the Company, shall have seniority over all other employees in their Bargaining Unit in cases of layoffs and/or cutbacks of personnel.

ARTICLE 9 - VISITATION

Authorized representatives of the International Union shall be permitted to visit the operations to the Company at Maxwell-Gunter Air Force Base, Alabama, during working hours for the purpose related to the administration of this Agreement, provided further that such visit shall not interfere with the normal business operations of the Company or of the work of its employees. Such visits are subject to the security and safety regulations of Maxwell -Gunter Air Force Base.

ARTICLE 10 - GRIEVANCE PROCEDURE AND ARBITRATION

SECTION A.

Should differences arise between the Company and the Union as to the meaning and application of this Agreement, or should differences arise about matters directly connected with this

Agreement, there shall be no suspension of work or slow down by the employee, nor any lockout by the Company, but such differences shall be settled in the following manner.

Failure by the Union to present a grievance or appeal a grievance within the specified time limits will bar the grievance from any further action. If the Company fails to answer a grievance in a timely manner, the Union may appeal the grievance to the next step in the procedure.

It is understood that the time limits specified herein may be extended by written mutual agreement of the Company and Union. Saturdays, Sundays and holidays shall not be counted in computing the due date for any decision or appeal.

If it is determined under the Grievance Procedure, including Arbitration, that any adjustment in pay is appropriate, such adjustment shall be based upon the rate of pay at the time of the occurrence. Any retroactive adjustments shall not extend more than thirty (30) calendar days prior to the date upon which the grievance was presented to the Company.

The Company shall provide access to all legally-required and relevant Company records requested by the Union for use in the Grievance Procedure. It is not the intent of the Company to unreasonably withhold information. Any question of relevancy shall be discussed between the Parties if any dispute arises as to the relevancy of the requested data, and the Union may take appropriate legal action if it believes the Company is improperly withholding relevant information.

The request for information will be in writing from the Local Union President, Local Union

Vice-President or Chief Steward to the Human Resources Manager. It is understood that the

Grievance Procedure time limits may be extended to accommodate the collection and delivery of requested data.

All grievances will be settled according to the following procedure:

STEP 1:

The employee with his/her Shop Steward shall meet with the immediate Supervisor and

Human Resources Manager. The grievance shall be filed within ten (10) working days from the date of occurrence upon which the grievance is based. The Step 1 meeting shall be held within five (5) working days from the receipt of the grievance. The immediate Supervisor shall give his written answer within five (5) working days after the Step 1 meeting.

STEP 2:

If the grievance is not resolved at Step 1, the Union may appeal the grievance to Step 2, provided such appeal is made within five (5) working days from receipt of the Supervisor's reply. A

Step 2 meeting shall be held within ten (10) working days after receipt by the Company of the appeal.

The appropriate Grievance Committeeperson and the Shop Steward involved shall meet with the

Department Manager or designated representative and the Human Resources Manager. The

Department Manager shall provide the Chairman of the Grievance Committee Chairperson with a written reply to the grievance within ten (10) working days after the Step 2 meeting.

STEP 3:

If the grievance is not resolved at Step 2, the Union may appeal the grievance to Step 3, provided such appeal is made within ten (10) working days from receipt of the Company's written response of the Step 2 meeting. The Union's Staff Representative, Local Union President and the

Grievance Committee Chairperson shall meet with the Company's Deputy Program Manager or his designated representative and the Human Resources Manager within fifteen (15) working days after receipt by the Company of the appeal. The Company's Deputy Program Manager shall provide the

Union's Staff Representative with a written reply to the grievance within ten (10) working days after the Step 3 meeting.

STEP 4:

Any grievance which has not been settled or disposed of in accordance with the steps of the grievance procedure outlined above may be appealed to arbitration by either party within fifteen (15) working days after the Company's written Step 3 reply.

The party appealing the grievance to arbitration will submit a list of arbitrato rs from which the other party may select. If the parties are unable to select an arbitrator from this list, the parties will request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service.

Upon receipt of the panel, the parties shall alternately strike a name from the list until one (1) name remains and this person shall be the arbitrator.

The parties agree that the decision or award of such arbitrator shall be final and binding on each of the parties and that they will abide thereby. The authority of the Arbitrator shall be limited to determining questions involving the interpretation or application of specific provisions of this

Agreement, and no other matter shall be subject to Arbitration hereunder. The Arbitrator shall have no authority to add to, subtract from, or to change any of the terms of this Agreement. In no event shall the same contract interpretation issue be the subject of arbitration more than once. Each party shall bear the expenses of preparing and presenting its own case. The cost of the arbitrator and incidental expenses mutually agreed to in advance shall be borne equally by both parties.

SECTION B — NON-BINDING MEDIATION

If a grievance cannot be satisfactorily resolved at Step 3, and if both parties agree, the grievance may be submitted to non-binding mediation by a joint request of the Company and the

Union to the Federal Mediation and Conciliation Service. Such request must be made during the time period after the Company gives its written Step 3 answer and before the Union's time limitations on providing written notice to arbitrate expires. Once such a request is agreed to, the time limits will be extended up to twenty (20) working days. If a satisfactory solution cannot be reached through mediation, the parties shall have ten (10) working days after conclusion of such mediation to appeal the grievance to arbitration. Time spent by the grievant or Union officials in attending mediation will be without loss of pay.

SECTION C — REPRIMANDS

Any reprimand shall be in writing, and a copy shall be provided to the Local Union President within twenty-four (24) hours of receipt of the letter. Reprimands more than twelve (12) months old may not be used for future progressive disciplinary purposes provided the employees has not received any other reprimands during the twelve (12) months. Any reprimand is subject to grievance procedures.

SECTION D — TRAFFIC VIOLATIONS

All traffic violations received while operating a Government vehicle must be reported to the employee's supervisor and to the Company Human Resources Manager. The violation will remain in the employee's file for a period of three (3) years from the date of the violation. In addition, any employee required to maintain a valid driver's license must report any loss or restriction of driving privileges to the Company. Failure to report a driver's license suspension or revocation will result in termination of employment.

ARTICLE 11 - HOURS OF WORK AND OVERTIME

SECTION A

All employees of the Company covered by this Agreement shall be classified as either full -time employees or part-time employees.

SECTION B

The standard work week shall be the seven (7) day period beginning at 00:01 a.m. on Monday and ending at 11:59 p.m. the following Sunday. An employee's standard work day shall be the twenty-four (24) hour period commencing with the start of the employee's work shift.

The normal work day for full-time employees shall consist of eight (8) hours, excluding meal periods. When necessitated by operational requirements, the Company may utilize other work day schedules with or without specific meal periods. The normal work week for full -time employees shall consist of forty (40) hours; provided, the Company shall have the right to schedule such shifts and hours as are necessary or advisable in the conduct of its business.

SECTION C

Employees shall be paid One and One-Half (1.5) times their regular rate for all hours worked in excess of forty (40) hours per week; provided, there shall be no duplication of overtime. Overtime hours worked will not be exchanged for compensatory (comp) time.

SECTION D

Nothing in this Agreement shall be construed or considered as a guarantee by the Company to provide employees with any particular number of hours of work during the course of their employment.

Qualified full-time employees of this Company will be afforded the opportunity to work forty

(40) hours in a workweek before part-time employees are used.

SECTION E

Overtime, as between qualified employees, shall be distributed as equally as practicable.

SECTION F

The Company shall not schedule a full-time employee time off to avoid paying overtime, except where such scheduling is required to meet surges in workload, recall, emergency or disaster.

However, this should not be misconstrued to suggest that the Company does not have the right to plan and manage its operations to accomplish the objectives of the Government and of the Company, or abrogate any management function.

SECTION G

Janitors required by the Company to drive their POV to multiple buildings, two or more, will receive a twenty-five dollar ($25.00) bi-weekly travel allowance.

Janitors required by the Company to drive their POV to a single point or building will receive a fifteen dollar ($15.00) bi-weekly travel allowance.

Other employees required by the Company to use their POV, when a company furnished vehicle is not available, will be reimbursed mileage at the current Joint Travel Regulation (JTR) mileage rate.

SECTION H

Holiday pay, paid vacation and paid sick leave will be considered as hours worked for the purpose of determining overtime eligibility.

SECTION I

This Section applies only to the Airfield Bargaining Unit. Whenever the Airfield is closed, employees whose normal work schedule is affected will be rescheduled to make up the lost hours during the same pay week. Employees will be notified of their revised work schedule, in advance, at the time they are notified of the Airfield closure.

ARTICLE 12 - CALL IN - REPORTING

Any full-time employee who reports for work at his/her regular starting time and who has not been given at least six (6) hours previous notice not to report shall receive a minimum of four

(4) hours straight time pay.

SECTION B

A minimum of four (4) hours will be paid to each full-time employee when called in to work when not scheduled. A minimum of four (4) hours will be paid to each part -time employee when called in or scheduled to work. A minimum of two (2) hours will be paid for scheduled work during non-duty hours.

SECTION C

All employees that are required, in writing, to standby in cases of emergency, on weekdays will be paid fifteen dollars ($15.00) per day and the provisions of Article 12 Section B shall apply.

Employees that are required, in writing, to standby in cases of emergency on weekends or holidays will be paid twenty- five dollars ($25.00) per day and the provisions of Article 12 Section B shall apply. All employees on call-in or standby status shall locate themselves at a point that will provide telephone and/or beeper contact with the work performance area.

SECTION D

This Section shall apply only to the Information Technology Bargaining Unit, Communications Bargaining Unit, and all Civil Engineering Bargaining Units regarding trouble calls. If the employee is able to resolve the issue of the trouble call from his/her home utilizing

Company supplied equipment, he/she will be paid a minimum of two (2) hours for such work.

If the issue of the trouble call cannot be resolved from the employee's home and he/she is required to travel to the facility to correct the problem, the employee will be paid a minimum of four

(4) hours in accordance with Article 12, Section B of the CBA. The employee will determine if such a trip is necessary to satisfy the customer.

If the employee is unable to resolve the problem at the facility in accordance with Paragraph

2, above, he/she will contact his/her Supervisor for direction.

ARTICLE 13 - WAGES

The schedule of classifications and hourly wage rates for employees are set forth in the

Appendix A, attached.

SECTION B

In the event the Company establishes a new or revised classification in a bargainin g unit covered by this Agreement, the wage rate applicable shall be determined by negotiations between the Company and the Union. In the event an agreement is not reached within fifteen (15) working days from the date of submission to the Union, the Company may implement the new or revised classification and the Company proposed wage rate subject to continued negotiations with the Union.

Any change from the Company implemented wage rate resulting from the negotiations shall be retroactive to the date of Company implementation. If the parties cannot reach agreement on the wage rate, either party may appeal the issue to arbitration.

SECTION C

All employees of this contract will be paid bi-weekly, every other Thursday.

SECTION D

Effective September 1, 2018 each employee covered by this Collective Bargaining

Agreement shall receive a wage increase of one percent (1.0%) of their base rate of pay.

Effective September 1, 2019 each employee covered by this Collective Bargaining

Agreement shall receive a wage increase of two percent (2.0%) of their base rate of pay.

Effective September 1, 2020 each employee covered by this Collective Bargaining

Agreement shall receive a wage increase of two point five percent (2.5%) of their base rate of pay.

Unless otherwise indicated, any economic improvements shall be effective September 1, of each calendar year.

SECTION E

Temporary Assignment — An employee, temporarily assigned by the Company for one (1) continuous hour or more to job classifications paying a higher rate of pay than their regular rate, shall receive the higher rate while performing work in such classifications. Employees temporarily assigned to a job classification paying a lower rate of pay than their regular rate, shall retain their regular rate of pay. When there is insufficient work for an employee in his regular job classification, the Company may offer the employee work in another classification which the employee is free to accept or reject.

SECTION F

The Company will furnish all tools and equipment to perform the work required.

SECTION G

An employee who works any hours between 1800 hours and 0459 hours will be paid a night shift differential of fifty cents ($.50) per hour for such hours.

SECTION H

A hazardous duty premium of sixty cents ($.60) per hour shall be paid for hours worked by employees under the following circumstances.

(1) Members of a spill response team when working an actual spill clean -up.

(2) Working in a confined space as defined in MSD Confined Space Entry Procedure

(3) Working on energized circuits above 110 volts.

(4) Unprotected work performed at a height of twenty (20) feet or more above the ground where there are no railings, guards or other adequate safety measures which effectively eliminates the hazard of a free fall.

(5) When required to wear a full-face or half-face respirator.

(6) When Material Safety Data Sheets require personal protective equipment (PPE) beyond that of basic safeguards as determined by the Health, Safety and Workers

Compensation Committee.

SECTION I

Should any employee be required by the Company to stay overnight at a location more than

50 miles from the Company's offices at Maxwell-Gunter AFB, the employee will receive a per diem payment for meals and lodging in accordance with the most recent per diem schedule applicable to

Federal Employees as set forth in the Joint Travel Regulations.

SECTION J

The Company will reimburse the fee to renew a Commercial Driver’s License for those employees required by the Company to possess such license. If the customer requires an employee to renew a certification in order to perform the employee’s duties on the program, the Company shall reimburse that employee for the cost of the required certification only if the employee successfully obtains the certification. The employee will not receive any reimbursement if they do not successfully complete the requirements for the certifications .

ARTICLE 14 – HOLIDAYS

All full-time employees who work eight (8) hour shifts shall receive holiday pay of eight (8) hours at their straight-time hourly wage rate for each of the following designated holidays. All full-time employees who work ten (10) hour shifts shall receive holiday pay of ten (10) hours at their straight time hourly wage rate for each of the designated holidays:

1) New Year 's Day

2) Martin Luther King's Birthday

3) P re s id en t ' s Da y

4) M e mo r i a l D a y

5) Independence Day

6) L a b o r D a y

7) C o l u mb u s D a y

8) Vet e ra n ' s Da y

9) Thanksgiving Day

10) Chr i s tmas Day

SECTION B

If a holiday falls on an employee's schedule day off, such holiday will be observed on one of the employee's scheduled work days during the same regular work week as mutually agreed to between the employee and the Company.

SECTION C

In the event that one of the holidays shall occur during an employee's vacation period, that day will be recognized as a paid holiday and will not be charged as vacation.

All holidays shall be celebrated on the day designated by Maxwell-Gunter Air Force Base as outlined in Section A above.

Any holiday declared by the President of the United States will be observed by the contract personnel and will be paid at the regular rate of pay, providing the holiday falls on a work day and the

Government pays the contractor for that day's work.

SECTION E

To be eligible for holiday pay, an employee must work his/her regularly scheduled shift both the day before the holiday and the day after the holiday or provide proof of a bona fide reason acceptable to management. Pre-approved paid annual leave, approved sick leave, as well as approved Leave Without

Pay (LWOP) are considered the same as working a regularly scheduled shift for purposes of eligibility for holiday pay.

SECTION F

Part-time personnel will receive pro-rated holiday pay in lieu of time off with pay. Pay will be pro-rated based on the number of hours the employee works during the work week prior to the work week in which the holiday occurs divided by forty hours times eight. In no event will a part- time employee be eligible for more than eight (8) hours of holiday pay per holiday. The employee must work at least five hours during the workweek in which the holiday occurs to receive holiday pay. (Example: Total hours worked [20] divided by hours in work week [40] x hours in work day [8] = Number of holiday hours earned [4].)

SECTION G

On a rotating seniority basis, full-time employees will be given preference twenty-four (24) hours in advance in scheduling on holidays and weekends to make a full work week (40 hours) if the reasons caused by the Company or the Air Force that the full-time employee could not otherwise get a full regular forty (40) hours.

ARTICLE 15 - VACATION

SECTION A

All new full-time employees who have been employed at Maxwell-Gunter Air Force Base, Alabama with the present Company, or its predecessor or successor, will after three (3) months of continuous service accrue vacation (by pay period) per the following schedule provided the employee is in active status at the time the vacation is earned.

Years of Service Accrual Rate Maximum Amount

0 but less than 5 years 3.08 hours 80 hours

5 but less than 10 years 4.62 hours 120 hours

10 but less than 15 years 6.16 hour 160 hours

15 but less than 25 years 7.70 hours 200 hours

25 years or more 8.00 hours 208 hours

SECTION B

Vacation will be paid at the employee’s basic straight time rate of pay. Employees are entitled to take vacation that has been accrued.

SECTION C

Employees are able to have one year’s worth plus 40 additional hours of vacation on the books at one time. Employee’s may request (with at least 2 weeks’ notice) to receive one week of vacation pay in lieu of taking the equivalent vacation days.

SECTION D

Vacation will, in-so-far as possible, be granted at a time most desired by the employees; however, advance vacation scheduling is required in order to insure a normal operation. Requests for Vacation exceeding eight (8) hours should be submitted in writing or electronic mail by employees to his/her supervisor at least two (2) weeks in advance of the anticipated vacation. Vacation periods of eight (8) hours or less should be requested at least three (3) workdays in advance. Workload permitting, vacation may be taken in one quarter (.25) hour increments.

SECTION E

Vacation pay for part-time personnel will be pro-rated based on the number of hours the employee works during the anniversary year divided by 2,080 hours. No vacation pay will be granted until the employee completes three (3) months of continuous service. Requests for time off with pay shall not be unreasonably denied and shall not exceed seven (7) calendar days.

SECTION F

Any employee who is terminated, resigns or loses his/her job due to the expiration of this agreement, or of the government contract shall receive pro-rated vacation pay for which he/she is entitled through the last day of employment; provided, however, that no vacation pay will be granted unless the employee has completed at least three (3) months of continuous employment.

ARTICLE 16 - SICK LEAVE

SECTION A

Full-time employees shall be entitled to sick leave with pay following one (1) month of service.

Sick leave shall be accrued at 2.25 hours each bi-weekly pay period in which the employee works or receives pay. Effective 1 October 2011 such accrual shall increase to 2.50 hours. An employee shall not be paid for unused sick leave; however, sick leave may be carried over from year to year, provided that no employee shall be allowed to accumulate more than two hundred and forty (240) hours of sick leave.

SECTION B

If any employee is absent for two (2) days or more due to illness, the Company may require a doctor's certificate. The Company may require a medical certification of illness for one (1) day of absence if the employee is absent on a Monday or Friday. Employees may also use their sick leave for their spouse's or child(ren)'s illness, or personal time, on the same terms and conditions of an employee's use of sick leave for his/her own illness.

SECTION C

It shall be the employee's responsibility to notify the employer if he/she will be absent. Employees that will be absent shall have the responsibility of giving management notification at least thirty (30) minutes (ninety (90) minutes for employees in the Airfield Bargaining Unit) before the shift they are scheduled to work. If any employee is unable to contact their supervisor, he/she must contact the Talon

East Fuel Services, LLC Human Resources Manager’s Office. Ensure you leave all pertinent information needed by your supervisor. When using sick leave for an appointment, the employee shall notify his/her supervisor as soon as possible. If management suspects abuse of this language, the employee must give a three (3) day notice for any future appointments.

SECTION D

In the event that the Company has reasonable grounds to believe that an employee is abusing sick leave, the Company may require a doctor's certificate from the employee.

ARTICLE 17 - JURY DUTY

The Company will pay to a full-time employee summoned to perform jury duty, requiring absence from the regular scheduled work, the difference between the employee's regular rate of pay during such absence and the amount received by such employee for such jury service. It will be the employee's responsibility to present the summons, the certificate of jury service, and the amount that has been paid for jury service to the Company.

ARTICLE 18 - BEREAVEMENT

A full-time employee who has completed the probationary period and has a death in their immediate family shall be given three (3) work days off with pay at their regularly straight-time hourly rate. For purpose of this Article, "immediate family" shall mean legal spouses, parents, step parents, father-in-law, mother-in-law, child, step children, brother, sister, brother-in-law, sister-in-law, grandparents and grandparents-in-law and grandchildren. Upon request, the Company shall be furnished proof of such death.

Employees may ask and be granted additional days off without Pay.

Employees shall also receive one (1) work day off with pay in the event of the death of aunts and uncles.

A part-time employee who has completed the probationary period and has a death in their immediate family shall be given (1) work day off with pay at their regular straight-time hourly rate. For purpose of this Article, "immediate family" shall mean legal spouses, parents, step parents, father-in-law, mother-in-law, child, step-children, brother, sister, brother-in-law, sister-in-law, grandparents and grandparents-in-law and grandchildren, step- parents, aunts, and uncles.

ARTICLE 19 - EMPLOYEE BENEFITS

The Company reserves the right to modify or replace the following benefit plans. However, should such action be planned, the Company will notify the Union in advance and meet with the Union as soon as possible after such notification to negotiate modifications to Sections A and B below.

SECTION A

The Company will offer group insurance plans for each full-time employee under the Talon East, LLC Flexible Benefits Program. A full-time employee is one who was not hired as a part-time employee and whose average weekly hours worked and/or paid is at least 32 hours. Under this program, the Company will provide each covered full-time employee with Flexible Benefits Credits in the amount shown below each bi-weekly pay period in which the employees works or receives paid time off. These credits will be provided on a pre-tax basis under Internal Revenue Code Section 125. Employees may use these credits to purchase coverage for themselves and eligible dependents from any of the group insurance plans offered under the Talon East, LLC Flexible Benefit Program including Medical, Dental, Vision, Supplemental

Life, Flexible Spending Account, Cancer plan, Accident Plan, Medical Bridge Plan, Short Term Disability and Long Term Disability Insurance. Flex benefits credits can be used to purchase dependent coverage.

Any coverage costs in excess of the Company provided credits will be paid by the employees via pre-tax payroll deductions. Any excess credits will be paid to the employee as additional taxable income each pay period. In addition to the aforementioned benefits, the company will provide each employee with Basic

Life Insurance, Accidental Death and Dismemberment Insurance and Short Term Disability Insurance, at no cost to the employee.

Flexible Benefits Credits

Effective July 1, 2018, the Company will provide Benefit Credits in the amounts set forth in

Section A of this Article.

Effective Bi-Weekly Credits

7/1/2018 $517.50

1/1/2019 $550.00

1/1/2020 $575.00

1/1/2021 $600.00

Part-time employees currently receive $3.21 per hour paid to a maximum of forty (40) hours per week in lieu of the above benefits program.

Effective Per Hour Paid

7/1/2018 $4.02

1/1/2019 $4.25

1/1/2020 $4.40

1/1/2021 $4.60

SECTION C

All…