Attachment V WD CBA-2019-12651.pdf

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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-2019-12651

Diane Koplewski Division of | Revision No.: 1

Director Wage Determinations| Date Of Last Revision: 03/02/2020

State: Mississippi

Area: Harrison

Employed on DEFENSE LOGISTICS AGENCY (DLA) contract for Fuels Management Services Program a

Keesler Air force Base, MS.

Collective Bargaining Agreement between contractor: TK & K Services, LLC, and union: International Assoc of Machinists and Aerospace Workers, AFL-CIO Local Lodge No. 73, effective 09/01/2019 through 08/31/2022.

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 set forth in the current collective bargaining agreement and modified extension agreement(s).

beta.SAM.gov https://beta.sam.gov/wage-determination/cba/agreement/66668/document

1 of 1 10/27/2020, 5:44 PM

COLLECTIVE BARGAINING AGREEMENT

Between

TK&K Services, LLC

And

DISTRICT LODGE NO. 73

INTERNATIONAL ASSOCIATION OF MACHINISTS

AND AEROSPACE WORKERS

For the

FUELS MANAGEMENT SERVICES PROGRAM

At

KEESLER AIR FORCE BASE, MS

2019-2022

TABLE OF CONTENTS

Article Page

Preamble 4

1 Intent and Purpose 4

2 Government Security/Responsibility 5

3 Management Rights 5

4 Union Recognition 6

5 Union Bulletin Boards 7

6 Information to be Provided Union 7

7 Savings Clause 8

8 Coverage 8

9 Alteration of Agreement 8

10 Off Site Day Assignments 9

11 Absence from Work 9

12 Strikes and Lockouts 10

13 Seniority 11

14 Promotions, Bidding/Transfers 13

15 Job Security Provisions 14

16 Shop Stewards 15

17 Visitation 16

18 Safety and Health 17

19 Leave of Absence 18

20 Bereavement Leave/Jury Leave 21

21 Discrimination 22

22 Discharge and Discipline 22

23 Grievance and Arbitration Procedures 24

24 Hours of Work 26

25 Holidays 30

Article Page

26 Voting Time 31

27 PTO 31

28 Overtime 33

29 Call-In Pay 34

30 Report Pay and Temporary Base Closure 35

31 Check-Off 36

32 General 36

33 Group Insurance 38

34 Retirement Plan 40

35 Wages 41

36 Non-Bargaining Unit Work 42

37 Installation of New Job Classifications 43

38 Duration 44

Signature Page 45

Appendix A – Schedule of Wages/Increases 46

Appendix B – Group Insurance Coverage 48

Appendix C – Classifications 50

MOU – Combining of Munitions Jobs 51

Attachment A – Machinists Custom Choice Worksite

Benefits Program 52

PREAMBLE

This agreement has been entered into by and between TK&K Services LLC, Fuels Management Services Program located at Keesler Air Force Base, Mississippi, (hereinafter the “Company” and / or the “Employer”), and District Lodge 73 of the International Association of Machinists and Aerospace Workers, AFL-CIO, hereinafter referred to as the “Union”.

It is understood wherever in this Agreement employees or jobs are referred to in the male or female gender, it shall be recognized as referring to both males and females.

ARTICLE 1

Intent and Purpose

Section 1.01. It is the intent and purpose of the Company and the Union to set forth herein the entire Agreement with respect to wages, hours, and working conditions as relates to the government contract for Fuels Management Services covered by this Agreement.

Section 1.02. It is the intent of the parties to provide for the efficiency of the operations and maximum production of the employees under methods, which further the safety of all affected parties, and the continued employment, hours of work, compensation, and working conditions, as contained herein so that operations will be uninterrupted and duties faithfully performed in order for the Company and its employees to fulfill their mutual and vital responsibilities to both the public and the Government.

Section 1.03. It is recognized by the Agreement to be the duty of the Company, the Union and the employees to cooperate fully, both individually and collectively, for the advancement of said conditions; and to provide a grievance procedure for the settlement of the employee’s grievances; and to provide that there shall be no interruptions and/or impeding of operations during the term of this Agreement.

Section 1.04. The Union recognizes that the Company is a contractor to the Defense Logistics Agency – Energy (DLA-E) and that the Company is required at all times to meet its contractual obligations. Nothing in this Agreement will prevent the Company from meeting its obligations and responsibilities as a Government contractor. The Union and the Company agree to comply with the legal requirements that the DLA-E may impose on the Company and its employees to the degree necessary, which requirements may or may not be rebuttable through the contractual processes available to government contractors if deemed necessary.

ARTICLE 2

Government Security/Responsibility

Section 2.01. The Company and all representatives of the Union having access to the premises and all employees are required to comply with applicable Government security regulations when on Government property and/or performing work for the Government.

Employees working on the program must submit to appropriate security screenings and searches and must apply for, receive and maintain any required Government clearances. The Company and the Union agree that security information will be revealed only to persons properly cleared and required by the Government to have the information.

In the event that the Government revokes, suspends or refuses required security clearances, Identification Badges, Common Access Cards or other required credentials to perform work on Keesler AFB or any of its associated locations, the Company will comply with the Government’s requirements which may include removing employees from the Base and work areas and terminating their employment. In the event such action is taken, unless the revocation, suspension or refusal was based solely on a violation of Company policy rather that Government policy or rules, it is not reviewable through the grievance and arbitration processes in this Agreement. In the event that the situation qualifies and is arbitrated, the arbitrator is not authorized to award the employee pay for time removed from the Base due to such removal and cannot grant access to the Base until the Government reverses its removal requirement and the employee is given security access.

Section 2.02. The Union and the Company recognize that employees covered hereby are performing services for the U.S. Government in U.S. Government facilities and using U.S.

Government and Company equipment. Each employee shall be responsible for the reasonable care of customer and/or Company furnished property.

ARTICLE 3

Management Rights

Section 3.01. Except as expressly modified by a specific provision of this Agreement, the Company shall retain the exclusive authority, rights and powers to manage its business and direct the workforce. Such authority, rights and powers include, but are not limited to, the right to hire, assign, transfer, promote, reclassify, layoff, discipline for cause (including suspension and discharge); determine work schedules, starting times and quitting times, the number of hours and shifts to be worked; determine the qualifications of employees; to establish and modify rules and regulations not in conflict with the terms of this Agreement; to close down, curtail or move the business or any part of the business, to introduce new or changed methods; to determine the means of service or production; and to otherwise manage the operations and direct the workforce.

These rights are not intended to be all-inclusive, but enumerate by way of illustration, types of rights that belong to the Company.

ARTICLE 4

Union Recognition

Section 4.01. TK&K SERVICES recognizes the Union certified by the National Labor Relations Board in Case No. 15-RC-8796, dated July 6, 2009, as the exclusive representative of TK&K SERVICES participating employees working on the Facility Operations Support Program as stipulated in the National Labor Relations Board Certifications of Representation. The job classifications identified for inclusion and exclusion for this unit are as follows:

a. Included: All full-time and regular part-time laboratory technicians and fuel distribution system operators employed by the Employer at Keesler Air Force Base, Mississippi

b. Excluded: All other employees.

Section 4.02. The Company acknowledges the Union’s rights especially designated by the terms of this Agreement as the employees’ representative. The Union recognizes its duty to cooperate in any reasonable manner with the Company to support its efforts to assure a fair day’s work by each employee and to cooperate in maintaining efficiency, standards of quality and service.

ARTICLE 5

Union Bulletin Boards

Section 5.01. The Company will provide one (1) bulletin board (or part of) for the Union to post official business of the Union at each location where the Company posts official notices for employees. Legitimate union notices are defined as:

a. Meeting notices

b. Official union election results

c. Notices of union appointments

d. Union social events

e. All notices not listed above must be approved by the assigned Union Business Representative and Company HR, or a designee of their choice.

f. Outdated material must be promptly removed from the bulletin board.

ARTICLE 6

Information to be Provided to the Union

Section 6.01. Information to be furnished by the Company upon request of the Union shall be:

a. A list of employees showing pay rates, classification, dates of hire and shifts.

b. The current mailing address for all employees in the bargaining unit.

c. Upon hiring an employee, the Company, within five business days of the commencement of his employment, shall notify the Union, and provide information as per above.

d. Insofar as is practicable prior to the date of layoff, the anticipated date, the approximate size, and the probable occupation affected.

ARTICLE 7

Savings Clause

Section 7.01. In the event that any federal or state legislation, governmental regulations or court decisions cause invalidation of any Article or Section of this Agreement, all other Articles and Sections not so invalidated shall remain in full force and effect.

Section 7.02. Within thirty (30) days, the Company and Union shall meet to negotiate new contract language to replace the particular clause(s) invalidated by federal or state legislation.

ARTICLE 8

Coverage

Section 8.01. This Agreement shall be binding upon the parties hereto, their successors, administrators, executors and assigns (collectively, “successors”). The Company shall notify the Union prior to any change in ownership.

ARTICLE 9

Alteration of Agreement

Section 9.01. No agreement, alteration, understanding, variation, waiver or modification of any of the terms, conditions, or covenants contained herein shall be made by any employee or group of employees with the Company and in no case shall it be binding upon the parties hereto unless such agreement is made and executed in writing between the IAMAW and TK&K

SERVICES.

Section 9.02. The parties agree that of the effective date of this Agreement, there are no existing practices or customs binding on either party if not included in the clear language of this Agreement.

Section 9.03. The waiver of any breach or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all the terms and conditions herein.

ARTICLE 10

Off Site Day Assignments

Section 10.01. The parties recognize that there are some normal work assignments, which are outside of the secure fenced Base area but within reasonable distance from Keesler AFB such as off-based housing or storage facilities, and airfield assignments.

It is understood and agreed that such assignments are not eligible for coverage under the travel provisions of this Agreement and employees will accept such assignments as a part of their normal duties without any types of adjustments or requirements other than those required when performing work on the base.

Section 10.02. Bargaining unit employees on temporary off-base assignment performing bargaining unit work retain their rights under the Collective Bargaining Agreement as if working at Keesler Air Force Base, Mississippi.

Travel Time and Expenses

Section 10.03 When an employee is required to work outside assignments outside of the

Biloxi/Gulfport area requiring public transportation or government transportation, he shall be paid the appropriate hourly earnings for all time spent traveling, up to 8 hours per day or the full shift equivalent if a compressed work schedule is in effect, portal to portal, in addition to transportation costs, if any. When an employee departs from Keesler AFB, the starting portal for travel pay is Keesler AFB.

Section 10.04 If an employee is sent to work out of town on an overnight assignment, he shall receive, in addition to the above, per diem meals and lodging, etc at the appropriate rates established under the Joint Travel Regulations. Per diem will be paid for lodging on a cost-plus basis, i.e. the actual cost of lodging (up to the maximum JTR lodging rate) plus the full meals and incidentals rate listed in the JTR. Any costs incurred above the JTR rates will not be reimbursed to the employee unless prior authorization has been arranged.

Section 10.05 If an employee is required to travel on overtime days, he shall be paid at the established overtime rate up to a maximum of 8 hours per day up to 8 hours per day or the full shift equivalent if a compressed work schedule is in effect,.

ARTICLE 11

Absence from Work

Section 11.01. Employees shall not leave work prior to completion of their scheduled hours without prior permission from their supervisors. Leaving work without proper supervisor authorization shall be cause for disciplinary action.

Section 11.02. Employees shall not be absent from work without prior permission from their Supervisor, except in cases of illness, injury or reasons beyond the control of the employee.

Giving a false reason for an absence shall be cause for disciplinary action.

Section 11.03. It is the duty of every employee who, for any reason, will be absent from work on a scheduled workday, or who expects to report for work late, to notify the Company of the reasons therefore, in accordance with the procedures outlined in the Company’s Work Attendance Policy. Disciplinary action for unauthorized absenteeism tardiness or leaving early will be in accordance with that Policy.

Section 11.04. Should an employee fail to notify the Company of the reason for absence as soon as reasonably possible to do so and fail to report for work for three consecutive scheduled work shifts, the employee will be considered to have resigned his employment with TK&K SERVICES and will be terminated for job abandonment.

ARTICLE 12

Strikes and Lockouts

Section 12.01. It is expressly understood and agreed that the business of the Company is directly related to the important and vital work of the United States Government and that efficient and uninterrupted services must be furnished to those agencies that have need of and make use of the capabilities of the Company. Therefore, the parties agree that during the term of this Agreement:

A. The procedure provided for herein, for the settlement of grievances arising under this Agreement will serve as the means for settlement of disputes that may arise between the parties. However, nothing in this section, or any other section of this Agreement, limits the right of either party to seek and receive legal and equitable relief in the event of breach of the no strike – no lockout provision, including but not limited to, injunctive relief prohibiting any lockout, strike, sympathy strike, sit down, work stoppage, stay in, slow down, refusal to work or picketing.

B. The Union (its officers, and/or agents and/or members) shall not authorize, encourage, sanction, or take part in any strike, sympathy strike, sit down, work stoppage, stay in, slow down, refusal to work, or picketing.

C. Any employee or employees, individually or collectively, who shall cause, encourage, or take part in any violation of this article, or any activities prohibited by this article, may be immediately discharged, or subject to such other disciplinary actions as the Company may unilaterally consider appropriate. Such disciplinary action shall be subject to the grievance and arbitration procedure.

D. In the event of a violation of this article, the Union (its officers, agents and members) individually and collectively agree that it will use its best efforts and end such prohibited conduct, taking actions including:

1. Requesting through personal contact or meeting with employees that they comply with the Agreement and not take part in any such prohibited conduct.

2. Immediately notify all employees, in writing, that such prohibited conduct is in violation of the Agreement.

3. Requesting those employees violating this Agreement to return to work and/or otherwise fully comply with the terms of this Agreement.

ARTICLE 13

Seniority

Section 13.01. Seniority means continuous service with the Company at Keesler Air Force Base, Mississippi, working for TK&K SERVICES as recognized in Article 1 of this agreement in a represented classification or continuous service with a predecessor contractor at Keesler Air Force Base. Any employee hired into the Bargaining Unit would have their seniority date established as their date of hire on the TK&K SERVICES Fuels Management Services contract at Keesler Air Force Base, Mississippi. Employees transferring into this contract who have continuous service with the Company, will retain their Company date of hire for vacation and fringe benefits, but would establish their seniority date on this contract as their date of hire on the Fuels Management Program at Keesler Air Force Base, Mississippi, for all other purposes.

A. Job Classification Seniority shall be defined as the length of continuous service from the employee’s latest date of classification in his current job classification, whether established by the present Company, another company which is a signatory to this CBA or any successive predecessor companies, and shall be recognized on an individual job classification basis.

B. Bargaining Unit Seniority shall be defined as the length of continuous bargaining unit service, from the employee’s earliest date of hire into the bargaining unit, whether initially hired into the bargaining unit by the current Company, another company which is a signatory to this CBA or any successive predecessor companies, and shall be recognized on a bargaining unit wide basis.

C. In administering this Agreement, seniority shall be defined first as Job

Classification Seniority and then Bargaining Unit Seniority, in that order.

Section 13.02. The Company will apply seniority in its everyday operation relating to transfer, vacation, layoff and recall, and other terms and conditions of employment of the Bargaining Unit. In respect to promotion and bidding, the most qualified employee shall be selected. In the event two or more employees are equally qualified for a vacancy, the most senior qualified employee will be selected.

Section 13.03. A new fully qualified (i.e. – CDL holding) employee shall be in a probationary status until they have completed ninety (90) calendar days from the most recent date of hire. During this period the Company may transfer, layoff discipline or discharge such employee at will and such action shall not be reviewable through the grievance procedure. After ninety (90) days, the employee will be placed on the seniority roster and his seniority date will revert to the original hire date. The company may require the completion of training and/or certification as a condition of employment and as such may extend the probationary status for up to an additional ninety (90) days to allow certification/qualifications to be completed, The Company's rights to transfer, layoff, discipline, or discharge an employee at will continues throughout the entire probationary period and such actions are not reviewable through the grievance procedure. Seniority order for employees with common hire dates will be determined by the social security number with the lowest last four digits being the most senior.

Section 13.04. Loss of seniority will result under the following:

a. Resignation or quit

b. Retirement

c. Discharge for just cause

d. Failure to return from a leave of absence as approved

e. Layoff in excess of nine (9) months

f. Failure by the employee to notify the Company of the employee’s intention to return to work in response to a recall notification within forty-eight (48) hours after verifiable receipt of such recall notice, and the employee’s return to work within fourteen (14) calendar days following the receipt of such notice.

g. Transfer or promotion out of the bargaining unit in excess of ninety (90) calendar days, excluding temporary foreign or domestic assignments.

h. Absence from work for three (3) consecutive working days with no contact with the

Company, unless excused by the Company.

i. Acceptance of employment with another employer while on an approved leave of absence.

j. Absence from work due to a workers’ compensation claim or approved sick leave in excess of twelve (12) months.

Section 13.05. The Company will post a seniority list once every six (6) months (twice a year). The list will show each employee’s name, hire date and classification. Any protest must be filed within ten (10) days of such posting.

Section 13.06. When reducing the workforce, the Company will layoff the least senior qualified persons in each effected classification. If those considered for layoff are equal in qualifications, layoff will be in reverse order of seniority (i.e., the most junior employee in the affected classification laid off first,) Where qualifications for available work are not at issue and employees are being laid off from skilled jobs have the ability to perform that work, management will replace probationary or temporary employees in a lower classification with such skilled employees. Such employee replacing another employee as a result of a layoff must be able to perform the job without training. In recalling laid off employees to new vacancies, the most senior qualified employee who previously held that classification laid off will be the first recalled.

Section 13.07. The Company will notify the Union and the employees affected of pending layoffs at least ten (10) work days prior to layoff, if possible to do so. Affected employees will be given a layoff notice and will be responsible for notifying the Company of their current address or any address change.

Section 13.08. The Company and Union may mutually agree on seniority dates for individual employees because of unique special circumstances.

ARTICLE 14

Promotions, Bidding/Transfers

Section 14.01. A bargaining unit employee who bids and is promoted or transferred and fails to satisfactorily perform the duties of the new job within a period up to thirty (30) workdays, (unless extended by mutual written agreement of the parties) will be returned to the position last held prior to the award of such promotion, provided the position has not been abolished.

Section 14.02. When a bargaining unit job vacancy occurs within the Company at the Fuels Management Program at Keesler Air Force Base, Mississippi, the vacancy shall be posted for six (6) workdays. The notice will contain:

Title of the Job Wage Rate Shift Normal and Special requirements/certifications Date Job will be available or filled Date of posting

Date posting is to be withdrawn

Section 14.03. Bids must be in writing and presented to the Terminal Manager who will affix the date and time to validate a timely filing. Bids received after the closing date will not be considered.

Section 14.04. The employee awarded the bid must be able to step into and perform the work of the job at the time the job begins. The employee will be notified and will report for work on the new job as of the effective date stated by the Company. The most senior qualified employee who bids will be awarded the job. Bids will be awarded within five (5) workdays of the bid closing. If the job is bid in advance anticipation of the job being open or available, the date on which the work on the job will begin will also be posted if known. An employee awarded a bid job will be eligible for the pay or other benefits of the new position beginning with the first day of work on that job.

ARTICLE 15

Job Security Provisions

Section 15.01. Sub-contracting The Company shall not subcontract with other person s, organizations or companies for the performance of any portion of the work being performed by the Bargaining Unit covered by this Agreement. In the event the Government directs the Company to subcontract the regular work of the Bargaining Unit, the Company will notify the Union and bargain with the Union on the effects of such subcontracting on Unit personnel. This in no way infringes on the Government’s right to subcontract work, or to direct the Company to subcontract work in writing with such notice given to the Union.

Section 15.02. Small Business Sub-contracting The parties recognize that under the

Company’s contract with the DLA-E, it is necessary for the Company to engage in certain sub-contracting of work not currently being done by the Bargaining Unit in order to satisfy its small business sub-contracting goals required under that contract. The Union also recognizes that the Company currently has a number of sub-contractors performing work which may be similar to work performed by certain employees covered by this Agreement. Nothing in this Agreement is intended to restrict the Company’s right to sub-contract work to satisfy the sub-contracting goals in its contract with the Government.

Section 15.03. If the Company determines that newly acquired work cannot be effectively and economically performed by its own employees due to lack of time, skills, tools, equipment, facilities or availability of manpower, or as required to meet the sub-contracting obligations imposed by its contract with the Government such work may be sub-contracted.

Section 15.04. The Company agrees to notify the Union of any change in sub-contracting requirements, which may impact the bargaining unit.

ARTICLE 16

Shop Stewards

Section 16.01. The Company agrees to recognize one (1) Steward and one alternate duly authorized by the Union to represent those employees covered by the terms of this Agreement.

Section 16.02. The Union will notify the Company in writing stating the names of the Stewards and alternates. Any subsequent changes of Steward will not be recognized by the Company until official notice is received from the Union.

Section 16.03. Subject to other provisions of this Agreement, the Company will authorize the Stewards, reasonable and necessary time off from work during straight time work hours without loss of pay or benefits up to a maximum of two (2) hours per week to permit the Steward to carry out his/her responsibilities under the grievance procedure to employees in their area of representation, providing the carrying out of these responsibilities will not unreasonably interfere with the Company’s obligation to the customer or the assigned work duties of the Shop Steward or the employee involved. The Union will ensure that the Steward engages only in those activities which are authorized by this Agreement. Instances of alleged abuse or misuse of time by the Shop Steward shall be brought to the attention of the Union, which shall take the action necessary to correct the problem.

Section 16.04. Recognizing the mutual benefit of resolving problems at the lowest level, an employee who has an alleged grievance may discuss the matter with the employee’s Steward.

The necessary time away from the Steward’s official work assignment shall be arranged in a manner to minimize interruption of work flow. When the Steward finds it necessary to discuss a problem or labor-management disagreement with a unit employee and/or management official, the Steward shall request permission from the Terminal Manager to leave his/her work assignment. The Supervisor’s permission will be granted unless he determines compelling work commitments dictate otherwise. If permission is initially denied, the supervisor shall establish an alternate time, which shall normally be no later than the end of the work day, at which time the Steward can contact the employee.

Section 16.04(a) Time the Steward spends discussing with management a grievance or potential grievance, time spent in grievance meetings and time requested by management for participation of a Steward in investigatory interviews and time spent in other meetings or activities with management shall not be charged against the time allocated in 16.03 above.

Section 16.05. The scope of the Steward’s activities on Company time shall be limited to the following:

A. To consult with an employee regarding an alleged grievance or the presentation of a grievance for which the employee desires the Steward to be present.

B. To investigate an alleged grievance or a grievance of record before presentation to the supervisor.

C. To present an alleged grievance or a grievance to the Site Supervisor in an attempt to settle the matter for the employee or group of employees who may be similarly affected.

D. To meet with the supervisor or other designated representative of the Company when necessary to adjust grievances in accordance with the grievance procedure of this Agreement.

E. To attend a meeting when requested by an employee who has reasonable belief that such meeting may result in discipline.

Section 16.06. It is agreed that the Company shall not be required to pay an employee for any time away from work to serve the Union in any official capacity or to serve on any Union committee, except as provided in the Agreement.

ARTICLE 17

Visitation

Section 17.01. Full time representatives of the Union shall have access to grievance meetings in Step III of the grievance procedure and to arbitration hearings. Such representatives shall have access to work areas with prior authorization of the Program Business Manager, or his designee. Initial contact for this authorization may be through the Human Resources Manager.

ARTICLE 18

Safety and Health

Section 18.01. The Company shall provide and maintain a safe and healthy workplace and, in cooperation with the Union, will provide programs, training, and systems which seek to prevent and eliminate industrial injuries and illnesses. The Company shall make available foul weather gear to those employees who are required to perform work outdoors. Any other protective clothing or safety equipment required by the Air Force or Company shall also be provided. The Company will provide required safety equipment (PPE) in accordance with A and B below.

A. Safety clothing required for special hazardous work such as non-conductive materials or fire retardant clothing will be furnished as required. If employees do not use such clothing regularly, the clothing may be available for assignments from a designated location to which the clothing will be returned following the completion of that assignment. Other special types of PPE such as cold weather gear, rain suits, wading boots, etc. will be furnished as needed.

B. Protective eyewear and hard hats will be furnished as required however employees are expected to take reasonable care of these items. Safety boots will be furnished on the basis on one pair per year. The Company will provide $150.00 per year for each employee for the purchase of ANSI approved safety boots. This allowance will be provided in the first full pay period following the employee’s anniversary date of hire. In the event employees choose to buy more expensive boots, they will be responsible to pay the difference. Cover-up safety glasses or shields will be furnished for employees required to wear prescription glasses.

Section 18.02. An employee’s refusal to perform work, which is in violation of established health and safety rules or any local, state, or federal health and safety law shall not warrant disciplinary action.

Section 18.03. The Company shall maintain an emergency first-aid station to care for its employees in case of injury. When an employee at work requires immediate medical attention by a medical practitioner or at a hospital as a result of an industrial injury/illness or exposure to hazardous agents in the work environment and the employee is not able to provide his own transportation to the treatment facility, the Company will provide the transportation to and from the employee’s work location. If such employee is returned to the work site too late to use his normal transportation home, the Company will provide such transportation.

Section 18.04. Where noxious and poisonous gases may accumulate, the employer shall provide proper protection and ventilation. Proper lighting and ventilation shall be provided for all enclosed working spaces.

Section 18.05. No employee shall be required to perform repair work on or about moving or operating machines, while in motion or in operation, (excluding required tests and adjustments to be performed on moving or operating equipment), nor shall any employee be required to work in areas of a plant or shop where conditions exist detrimental to health until such conditions have been removed or remedied. However, the employee may be required to assist in correcting the condition or safety hazard associated with such assignment if possible to do so.

Section 18.06. No employee shall be subject to any discipline, of any kind, as a result of reporting a safety hazard or injury. However, an employee may be required, once proper protection and training is obtained, to remedy or to assist in a remedy for such conditions as may be unsafe or unhealthy. Employees who violate safety rules, safety regulations or safety policies of the Company, the Air Force or OSHA shall be subject to disciplinary action.

ARTICLE 19

Leave of Absence

Section 19.01. Limited unpaid personal leaves of absence may be granted by the Company upon request of employees who have completed their probationary period. Such leaves shall be for not less than five (5) work days and not more than thirty (30) calendar days.

Requests for unpaid personal leave of absence must be made in writing and must receive approval by the Company. Accrued PTO may be used to cover such unpaid leave if requested by the employee. A maximum of one (1) extension may be approved by the Company. However, if the employee does not return to work after the expiration of the personal leave of absence (or extension), the employee shall be terminated.

a. PTO credits are not earned while on a leave of absence under the provisions of this article.

b. Health insurance may continue for a maximum of thirty (30) days provided the employee pays his/her portion of the premium at least ten (10) days prior to the next month’s insurance coverage.

Section 19.02. Seniority shall continue to accumulate during the approved leave of absence. When an employee has been granted a leave of absence for a specified period of time, it will be the employee’s responsibility to request an extension of such leave prior to expiration if additional time is required. All such extensions must be requested in writing and have prior Company approval in writing.

Section 19.03. Leave of absence for legitimate personal health reasons supported by sufficient medical verification will be granted to an employee in accordance with the provisions of the Family Medical Leave Act. An employee will be required to use up to five (5) days of accrued PTO before being placed on leave of absence for Personal Illness. The Company will abide by the provisions outlined under the Family Medical Leave Act (FMLA).

Section 19.04. An employee on leave of absence for personal health reasons may return to work prior to or at expiration of such leave upon the written full release of a licensed physician provided the employee is able to perform his/her assigned duties safely. Should the Company question the employee’s capability to perform the assigned duties safely, the Company may have the employee examined by another physician, prior to returning the employee to work. If the physician selected by the Company and the employee’s physician disagree, then the employee shall be examined by a third (3rd) mutually acceptable physician and that physician’s decision shall decide the employee’s capability.

a. While on leave of absence for personal health reasons, the employee shall notify the Company as to his/her potential of returning to work on a bi-weekly basis, except in those cases where the employee’s physician has provided an expected date of return.

b. An employee may be returned to restricted duty at the sole discretion of the

Company, provided the Company is able to accommodate all restrictions.

Section 19.05. Leaves of absence without pay for Union business may be granted to

Bargaining Unit employees of the Company, not to exceed two (2) weeks, who are elected or appointed by the Union, to attend such functions as conferences, conventions, and Union educational courses, provided at least ten (10) work days advance notice is given in writing to the Company. However, management reserves the right to deny such leave for persons whose absences would prohibit the Company from meeting its contractual obligations to the Air Force.

Section 19.06. An employee who has completed his/her probationary period, who is called to and performs short term active duty of thirty (30) days or less, including active duty training as a member of the United States Armed Forces Reserves or National Guard, shall be paid the difference between the employee’s military rate and the employee’s straight time hourly rate of pay for a period of up to ten (10) scheduled working days per calendar year. The employee must present a copy of the employee’s orders to the Company as soon as they are received by the employee. Upon return from active short term duty the employee must present pay vouchers so that the calculation of the difference in pay may be computed. The employee will be given a leave of absence for, and will accumulate seniority during such periods of service. Employees required to report for military training in excess of thirty (30) consecutive days or those called to active duty shall be reinstated in accordance with the Uniformed Service Employment and

Reemployment Rights Act. The parties to this Agreement shall comply with current applicable state and federal legislation regarding military service.

Section 19.07. When leaves of absence are granted, the employee, upon return to active employment, will be returned to his/her classification based upon seniority and qualifications provided such job has not been eliminated.

Section 19.08. When an employee fails to return to work at the expiration of an approved leave of absence, or accepts gainful employment during a leave of absence without the approval of the Company, that employee shall be discharged.

Section 19.09. Any member of the Union elected or appointed to full time Union position shall, upon written request by the Union, be granted a leave of absence for Union activities up to a four (4) year period. Employees on such leave shall retain seniority. If the employee’s group insurance through the Company is to be continued, the Union or the employee shall be required to pay the full monthly insurance premium.

a. When the activities for which such leaves of absence are granted shall cease, the Union shall immediately notify the Company in writing, and if application is made therefore within fifteen (15) days thereafter, such Union member will be given re-employment in a similar position, if same still exists, or a comparable position in accordance with his/her qualifications and seniority privileges, and applicable wage rate at the time of return to the active payroll.

Section 19.10. Any member of the Bargaining Unit shall, upon written request, be granted a leave of absence to pursue and serve in a local, state or federal elective political office. Such leave of absence will be limited to a maximum of two (2) years. During such periods of unpaid leave, the employee shall retain but not accrue seniority.

ARTICLE 20

Bereavement Leave/Jury Pay

Section 20.01. In case of the death of a member of the immediate family of an employee, the employee shall be granted a maximum of three (3) scheduled work days off with straight time pay to attend the funeral and tend to administrative details. For purpose of this Article, "immediate family" shall mean legal spouse and brother, sister, child, parent, grandchild, grandparent and step or in-law relations of any of the above. For purposes of this Article, a half-brother or half-sister shall be treated the same as a brother or sister.

In the event other members of the employee’s family should die, the employee will be granted a maximum of two (2) scheduled work days off without pay to attend the funeral and tend to administrative details. Other members of the employees’ family shall be aunts, uncles, nephews, nieces, cousins, etc. The Company will grant the employee unused accrued vacation in lieu of non-paid time off. The Company may require reasonable proof of death and/or attendance at the funeral or services location.

Section 20.02. Where an employee is required to travel distances of four hundred (400) miles or more to attend the funeral of a member of the immediate family (as defined in Section 1) and/or to tend to details associated with that death, the Company shall grant up to two (2) additional work days off, without pay. The Company will grant the employee unused accrued PTO in lieu of non-paid time off.

Section 20.03. When an employee is summoned for jury duty, he will provide such notice to the Company as soon as possible. If the employee is required to report to the court for three hours or more, the employee will not be required to report to work. The employee shall be granted pay for his regular work shift; less any fee or other compensation paid to the employee by the court. Pay for such time lost shall be up to eight (8) hours per day and forty

(40) hours per week for a maximum of 80 hours. An employee must present to the Company a statement from an official of the court attesting to dates served; time served and fees paid before any jury duty payment will be made.

Employees who report to work having less than three hours of jury duty for that day will be allowed to complete the number of hours regularly scheduled for that day unless management instructs such employee to remain beyond that time. Employees paid for a full shift of jury duty will not be eligible to work or overtime on that day unless call-in or call-back provisions apply.

Section 20.04. Any employee subpoenaed or otherwise required to serve as a witness in either a Federal, State, County or Municipal Court, in which he is not a direct participant, shall be granted pay for those hours which he is absent from work during his regular work day or regular work week up to a maximum of forty (40) hours per week.

Section 20.05. An employee must have served his probationary period in order to qualify for witness or jury duty pay.

Section 20.06. To receive jury duty or witness pay, the employee must promptly notify the Company so as to provide time in which to process a request for his release. Any delays, beyond the control of the employee, in the processing of the afore stated request shall not adversely affect the employee in pay or disciplinary matters.

ARTICLE 21

Discrimination

Section 21.01. The Company will not interfere with, restrain or coerce the employees covered by this Agreement because of Union membership in, or activity on behalf of the Union.

The Company will not discriminate against any employee covered by this Agreement in respect to hire, tenure of employment, or any term or condition of employment, because of membership in, or activity on behalf of, the Union, nor will it discourage or attempt to discourage membership in the Union or attempt to encourage membership in another union.

Section 21.02. The Company shall not discriminate against any employee in violation of any State and/or Federal rules, regulations, and laws, covering discrimination of any nature, currently enacted, or as may be enacted. Any and all violations of this clause will be subject to the grievance and arbitration procedures as provided elsewhere in this Agreement.

Section 21.02. The Company shall not tolerate discrimination against any employee by another employee in violation of any State and/or Federal rules, regulations, and laws, or Company policies covering discrimination of any nature, currently enacted, or as may be enacted. Any and all violations of this clause will be subject to disciplinary action up to and including discharge.

ARTICLE 22

Discharge and Discipline

Section 22.01. Disciplinary action shall be initiated by the Company only for reasonable cause and any penalty imposed shall be consistent with proven offenses.

Section 22.02. It is agreed that in order to consider that an employee has been disciplined, both the employee and Union shall be furnished a duplicate copy of any disciplinary material inserted in his personnel file.

Section 22.03. Prior to taking disciplinary action (letter of reprimand, suspension, or discharge) against any employee in the unit, the affected employee will be advised of his/her right to Union representation by a Shop Steward.

Section 22.04. Disciplinary action in any form imposed by the Company on non-probationary employees shall be subject to the grievance and arbitration procedure

Section 22.05. There shall be no investigative interview, which an employee reasonably believes could lead to disciplinary action without the Union Shop Steward being present if requested by the employee.

Shop Stewards shall not be denied the opportunity to represent an employee at investigative interviews if requested by the employee. If a Shop Steward is requested but not available, such investigative interviews will be postponed until a Shop Steward can be present.

Section 22.06. Disciplinary records for an employee who has no recurrence of the action that caused that discipline shall not be removed from the employee file but be maintained as effective toward progressive discipline in accordance with the following:

1. Verbal Counseling – six (6) months

2. Letters of Reprimand – twelve (12) months

3. Suspension – sixty (60) months

4. Discharge – permanent record.

Section 22.07. Disciplinary action shall normally follow a line of progression. The line of progression is as follows:

1. Verbal Counseling

2. Letter of Reprimand

3. Suspension

4. Discharge.

The progression of discipline shall follow only the same or directly related offenses. An offense of any nature at the letter of reprimand level may be added to the other same level offense, then currently on an employee’s record, as progressive discipline to include termination.

Section 22.08. The following shall be cause for immediate dismissal: Dishonesty, gross insubordination, being under the influence of alcoholic beverages or drugs while on duty or Company or Government property, sleeping on the job, recklessness resulting in an accident, loss of required security clearance status or base access privileges, willingly and knowingly circumventing a safety device, creating a hostile or unsafe working environment for fellow coworkers or Government personnel, use of derogatory language or gestures and fraud or abuse of Company or Government assets.

ARTICLE 23

Grievance and Arbitration Procedures

Section 23.01. It is the intent of this Article to establish a means for prompt adjustment of working problems and personal grievances at the job level by conference between the immediate Supervisor and the employee involved, providing the Union Representative has been requested and given an opportunity to be present. If not resolved at this informal level, a formal written grievance may be filed. The grievance shall contain a full statement of the grievance and the facts upon which it is based, the contract section alleged to have been violated and the action, remedy or adjustment sought. In grievances filed on behalf of individual employees, the grievance shall be signed, by the affected employee, prior to Step 2 of the grievance procedure. Grievances shall be processed according to the steps and time limits specified. These time limits may be extended upon written mutual consent of the parties. All grievances shall be handled during normal working hours without any unnecessary interruption of work.

Section 23.02. Except for payroll adjustments, no grievances shall be filed or processed based on facts, events, or omissions within the employee’s knowledge, which have occurred more than ten (10) working days before such grievance is filed. Both parties agree to exert an earnest effort to settle such grievance promptly through the following steps.

Step 1

The employee involved shall first confer with the Supervisor in order to amicably settle the matter. A Union Steward shall be present if requested by either party. The work Terminal Manager shall render a verbal answer to the complaint or dispute by the close of business the following work day. If the dispute is not resolved amicably then the employee or Union may file a written grievance no later than five (5) work days after receipt of the Supervisor’s verbal answer. Within five (5) work days after receipt of a written grievance, the Terminal Manager shall submit a written answer to the Union.

Step 2

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