Attachment VI Sheppard WD CBA-2019-12213.pdf

9/8/2021 SAM.gov https://sam.gov/wage-determination/cba/agreement/69094/document 1/1

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-2019-12213

Diane Koplewski Division of | Revision No.: 1

Director Wage Determinations| Date Of Last Revision: 09/08/2021

State: Texas

Area: Wichita

Employed on DEPT OF DEFENSE contract for FUEL MANAGEMENT SERVICES.

Collective Bargaining Agreement between contractor: T-Square Logistics Services Corporation, and union: Local Lodge 2771 of Aeronautical Industrial District Lodge 776 International Association of Machinists and Aerospace

Workers AFL-CIO Local Local Lodge 2771, effective 05/10/2021 through 05/05/2024.

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).

COLLECTIVE BARGAINING

AGREEMENT

Between

T Square Logistics Services Corporation Sheppard Air Force Base, Texas

(Fuels)

And

Local Lodge 2771 of Aeronautical Industrial District Lodge 776

International Association of Machinists and Aerospace Workers

AFL-CIO

Effective Dates:

May 10, 2021 through May 5, 2024

TABLE OF CONTENTS

PAGE

PREAMBLE 1

ARTICLE 1 INTENT AND PURPOSE 1

ARTICLE 2 RIGHTS OF MANAGEMENT 2

ARTICLE 3 UNION RECOGNITION 2

ARTICLE 4 UNION SECURITY 2

ARTICLE 5 STEWARDS/VISITATION 5

ARTICLE 6 NO STRIKE-NO LOCKOUT 7

ARTICLE 7 GOVERNMENT SECURITY/RESPONSIBILITY 8

ARTICLE 8 SENIORITY 9

ARTICLE 9 MANAGEMENT/SUPERVISORS 10

ARTICLE 10 HOURS OF WORK 11

ARTICLE 11 OVERTIME 12

ARTICLE 12 WAGE RULES 13

ARTICLE 13 HOLIDAYS 14

ARTICLE 14 VACATION 16

ARTICLE 15 LEAVE OF ABSENCE 17

ARTICLE 16 HEALTH AND WELFARE 19

ARTICLE 17 PROMOTIONS/TRANSFERS 20

ARTICLE 18 REDUCTION AND RESTORATION OF FORCES 23

ARTICLE 19 DISCHARGE & DISCIPLINE/ABSENCE FROM WORK 24

ARTICLE 20 GRIEVANCES 25

ARTICLE 21 ARBITRATION 27

ARTICLE 22 BULLETIN BOARDS 28

ARTICLE 23 GENERAL 29

ARTICLE 24 UNIFORMS 32

ARTICLE 25 DURATION 34

APPENDIX A WAGES 35

APPENDIX B IAM PENSION PLAN 36

APPENDIX C MNPL 37

APPENDIX D Job Descriptions 38

- 1 -

PREAMBLE

This Agreement is made and entered into this 29th day of April, 2021 by and between T Square Logistics Services Corporation - Sheppard AFB (hereinafter referred to as the Company) and Local Lodge 2771 of Aeronautical Industrial District Lodge 776 International Association of Machinists and Aerospace Workers, AFL-CIO, (hereinafter referred to as the Union).

ARTICLE ONE

INTENT AND PURPOSE

Section 1.

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 covered by this Agreement.

Section 2.

Further it is the mutual intent of the parties to promote to the fullest the efficiency of the operation and production of the employees; that operations must 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 to the Government; and that the business of the Company must be operated with economy and efficiency with due regard to competitive conditions.

Section 3.

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 fair and prompt grievance procedure for the peaceful settlement of employee grievances, and to provide that there shall be no interruption and impeding of operations during the term of this Agreement.

Section 4.

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 nor will any provision of this Agreement prevent the Company from fully meeting its obligations and responsibilities as a contractor. The Union recognizes that from time to time the Government may impose various legal and/or lawful demands or obligations upon the Company and that the Company and its employees must meet such demands or obligations or comply with such rules and regulations that may be promulgated or imposed by the Government.

- 2 -

Section 5.

The provisions of this Agreement shall be binding upon the successors and assignees of the parties hereto.

ARTICLE TWO

RIGHTS OF MANAGEMENT

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 for just cause, or discharge for just cause, to assign jobs, to increase and decrease work force, to determine services to be performed, to determine the schedule of work, and the methods, processes of means of performing the work or methods, processes of means of performing the work or 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 and the contract with the Government. The Company further shall have the right to establish reasonable standards relating to the performance of the job functions.

ARTICLE THREE

UNION RECOGNITION

The Company recognizes the Union as the exclusive representative of certain supply and all hourly production and maintenance employees of the Company, at Sheppard AFB, Wichita Falls, Texas facility, included in Appendix A, excluding all other management employees.

ARTICLE FOUR

UNION SECURITY

Membership in the Union is not compulsory. Employees have the right to join, not join, maintain or drop their membership in the Union as they see fit. Neither party shall exert any pressure on or discriminate against an employee as regards such matters.

Section 2.

Each employee in the bargaining unit shall, beginning on the 31st day following the execution of this Agreement or the 31st day following his/her employment, rehire, reinstatement,

- 3 -reemployment, recall, transfer or regression into the bargaining unit, as a condition of continued employment in the bargaining unit, execute and deliver to the Company, the Union provided payroll deduction authorization form, or pay directly to the Union an amount of ual initiation fee and its regular, uniform and usual monthly dues.

Section 3.

Any employee within the bargaining unit who is required to contribute to the Union as provided for in Section 2 of this Article and who is subsequently transferred or promoted out of the bargaining unit or laid off shall not be subject to any of the provisions of this Article during the period of time such employee remains outside the bargaining unit or on lay off.

Section 4.

No employee within the bargaining unit shall be required to pay fees or dues covering any period during which the employee was not in the bargaining unit or was not on the

An employee within the bargaining unit shall be considered in good standing for the purposes of this Article when such employee tenders the amount of money equal to the regard to any interruption in service) and its regular, uniform and usual monthly dues to an authorized agent of the Union or through Payroll initiation fees/dues deduction. Upon written demand from the Union, the Company shall terminate any employee within the bargaining unit who fails to tender the sum due the Union under Section 2 of this Article within thirty (30) days from the date such sum is due provided the Union informs the company and the employee in writing and allows him/her an additional fifteen (15) days after the 30th day of delinquency. If the employee fails to resolve his/her dues delinquency with the Union during this fifteen (15) day period and after notification to the Company by the Union, the Company will terminate the employee effective the end of that payroll period.

The Union shall indemnify the Company against all liability arising out of any Company compliance with provisions of this article.

Section 6.

Employees may handle the matter of payment of Union initiation fees/dues directly with the Union. In cases where deductions are made from those who have already paid Union initiation fees/dues, the Union will make refunds directly to such employees.

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Section 7.

Deductions shall be made for the accrued regular monthly Union dues of each employee in the bargaining unit for whom the above authorization has been received, beginning with the pay for the first full pay period in the month following receipt of such authorization, provided that sufficient earnings remain to cover Union dues after all deductions required by law are made, and such dues deductions shall continue in like manner monthly thereafter, except as qualified in this Article.

Accrued dues not deducted in the regular month as provided above shall be deducted as follows:

1. At the beginning of each calendar quarter the Union shall furnish the Company a list of names and employee numbers of employees who have authorized the deduction of Union dues and who are in arrears in the payment of such dues for the preceding quarter, specifying on such list the amount of e

2. After the receipt of such list, the Company shall make a special deduction of

Union dues in the amount of the listed arrearage from the pay of each named employee, provided that sufficient earnings remain to cover the dues arrearage after all deductions required by law are made.

Section 8.

1. The Authorization For Deduction of Union Dues form set out in Appendix D is agreed to by the parties and is made a provision of this Agreement. The parties agree to use such Dues Deduction Authorization form for all dues deductions. However, previous Dues Deduction Authorization forms shall remain in effect and will be applied in accordance with this Section.

Section 9.

Deductions shall be remitted to the designated Financial Officer of the Union not later than ten (10) days after the deductions are made. The Company shall furnish the designated Financial Officer of the Union monthly with a record of those for whom deductions have been made.

Section 10.

Any dispute arising out of the interpretation or application of this Article, when reduced to writing as a grievance, shall be subject to the Grievance Procedure by initially referring the grievance to Step Three.

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Section 11.

The Union shall indemnify and save the Company harmless against all liability that may arise as a result of action taken by the Company for the purpose of complying with deduction provisions of this Agreement.

ARTICLE FIVE

STEWARDS/VISITATION

The Company agrees to recognize the Stewards duly authorized by the Union to represent those employees covered by the terms of this Agreement. The number of Stewards shall be in that number required by the Union to assure employees in the unit ready access to a Steward in their assigned section. It is agreed this objective can be achieved with not more than One (1) Fuels Steward unless modified by mutual agreement, signed by both parties, in request.

Section 2.

For the purposes outlined above, the Union agrees to supply the Company in writing, and shall maintain with the Company on a current basis, a complete list of all Union Stewards.

The Company will provide this information to each Supervisor having authority over employees covered by this Agreement.

Section 3.

Subject to other provisions of this Article, reasonable and necessary time, during work hours, shall be authorized without loss of pay or benefits to permit Stewards to carry out their responsibilities to the employees in the unit.

Section 4.

Recognizing the mutual benefit of resolving problems at the lowest level, employees who have a complaint or grievance may discuss the matter with their Steward. The necessary time away from the Stewards official work assignment shall be scheduled as far in advance as practical to minimize interruption of workflow. 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 to leave their work from their will contact the Supervisor before attempting to contact any employee. In each instance, the compelling work commitments

- 6 -dictate otherwise. If permission is denied, the Supervisor will promptly establish an alternate time at which the Steward can contact the employees.

mited to the following:

(a) To consult with an employee regarding a question concerning this Agreement, complaint, or grievance for which the employee desires a Steward to be present.

(b) To investigate a complaint or grievance before presentation to the appropriate supervisor.

(c) To present a question concerning this Agreement, complaint or grievance to employee or group of employees who may be similarly affected.

(d) To meet with an appropriate Supervisor or other designated representative of the Company when necessary to adjust grievances in accordance with the grievance procedure of this Agreement.

Section 6.

Subject to existing security regulations, authorized representatives of the Union shall have grievances or complaints that have arisen or attending meetings in accordance with the Grievance Procedure.

Section 7.

Stewards shall be employees of the Company selected from among those employees they represent.

Section 8.

No Steward will be transferred out of his/her assigned work area or to a different shift permanently so long as there is work available therein which he/she is qualified to perform, except by agreement of the Company and the Union. Temporary assignments may be made to accommodate work requirements.

Section 9.

Stewards and members of the Negotiating Committee with one (1) year of service with the Contract shall have top seniority within their respective classifications as long as they remain

- 7 -officially in such capacity for the Union and work is available in their section which they are capable of performing.

ARTICLE SIX

NO STRIKE-NO LOCKOUT

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

(a) During the life of this Agreement, the Union shall not authorize, cause, engage in, sanction or assist in any work stoppage, strike or slowdown of operations. The Company shall not resort to lockouts.

(b) In the event of a violation of this Article, the Union, (its officers, agents and members) collectively agree that it will use its best effort to end such prohibited conduct, utilizing every possible means to include but not be limited to:

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

(2) Notifying all employees by mail that such prohibited conduct is unauthorized and in violation of the Agreement.

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

(c) The Company reserves the right to discipline, discharge or permanently replace, whichever it deems appropriate, any employee taking part in any violation of this provision of the Agreement. Employees will have right to grievance procedure.

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ARTICLE SEVEN

GOVERNMENT SECURITY/RESPONSIBILITY

The Union recognizes the Company has certain obligations in its contract with the Government pertaining to security, and security is vital to the Company and the Union in carrying on their part in the defense effort. Therefore, in the event the Department of Defense, through its duly authorized representatives concerned with security, advise or have advised the Company that any employee in the bargaining unit covered by this Agreement is denied work on or access to classified information or material, it is mutually agreed between the Company and Union such employee shall be subject to being reassigned to an area that he/she is qualified to work in, if position is available. In the event the Air Force advises the Company an employee is denied a clearance through National Agency Check, said employee will be subject to termination. In the event a review with the appropriate Air Force Agency results in a reversal of the original ruling all seniority benefits and other employee rights will be restored. If employee has been terminated for security reasons and a reversal is obtained, the company shall not be responsible for making payment on any claim of lost wages.

Section 2.

It is further understood where a security clearance is required in order to perform work in any area covered by this bargaining unit, that issuance and retention of such security clearance shall be a condition of continued employment in that area. Such employees shall be subject to investigation for security clearance under regulations prescribed by the Department of Defense or any other authorized and appropriate agency of the United States Government and shall cooperate fully with representatives of said agencies during the conduct of investigations.

Section 3.

The Company, all representatives of the Union having access to the premises, and all employees are required to comply with applicable Government security regulations. The Company and the Union agree that classified information will be revealed only to persons properly cleared and having need for access to such information as defined by applicable regulations.

Section 4.

It is recognized all employees are working on a government installation and are subject to all regulations and rules of the installation. If any bargaining unit employee covered by this agreement is denied entry or permission to work on the installation, such employee shall be laid-off (out of seniority) until such time as entry is permitted. If entry or permission to work is denied by the installation commander, such employee may be subject to discharge and the Company is authorized to hire a person in the vacant position. If entry is restored the company shall not be responsible for making payment on any claim of lost wages.

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ARTICLE EIGHT

SENIORITY

New employees and those hired after a break in continuous service, regardless of classification shall be considered trial period employees until they have completed ninety

(90) calendar days from the date of hire. The Company may transfer, lay-off or discharge such trial period employees and such action shall not be reviewable through the grievance procedure.

Section 2.

Seniority among employees who were employed on the date of ratification of this Agreement will be determined as follows:

(a) Employees who are employed by the Company on or before the date of ratification of this Agreement will have their seniority based upon their length of service on the Contract and are considered to have had continuous service which includes service with any predecessor contractors and/or sub-contractors providing performance of base supply or fuel services or related support at Sheppard AFB.

(b) Employees who may be transferred into or hired on the contract subsequent to the application of Article Eight, Section 2 (a) above will have their seniority based upon their date of hire with the Company or their date of transfer to the contract, whichever is lesser.

Seniority of employees will be broken under the following conditions and their employment with the Company will be terminated:

(a) Discharge for just cause.

(b) Resignation.

(c) Failure to respond to recall notification within the time frame established within Article Eighteen, Section 3 of this Agreement.

(d) Failure to be recalled from lay-off within twelve (12) months after such lay-off, but may be extended by mutual agreement.

(e) Failure to report for work upon expiration of an approved leave of absence.

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Section 4.

When two (2) or more employees have the same seniority date as herein provided, the employee having the lowest last four numbers of his/her social security number shall be considered having the most seniority for tie breaking purposes.

Section 5.

Employees covered hereby who are transferred or promoted to positions within the Company, but not within job classifications covered hereby, shall retain but not accrue seniority hereunder, and shall not be construed as working under the terms of this Agreement while occupying such positions.

ARTICLE NINE

MANAGEMENT/SUPERVISORS

Work performed by management or supervisory personnel will be restricted to those requirements beyond the capabilities of bargaining unit employees or as provided in Section 2 below.

Section 2.

Management/supervisory personnel may perform work of employees covered by the Agreement under the following conditions:

(a) For the purpose of instructing and training employees.

(b) Under emergency conditions.

(c) In order to prevent injury to employees or damage to property.

(d) When necessitated by security requirements.

(e) When required for safety.

(f) In circumstances when bargaining unit employees lack the technical ability to perform the work required and when work being performed is not used to avoid paying overtime, or to avoid paying wages for a higher classification, or to displace a bargaining unit employee.

(g) When the work being performed is within the normal job duties of a position which is not covered by this Agreement, and is not used to avoid paying overtime, or to

- 11 -avoid paying wages for a higher classification, or to displace a bargaining unit employee.

(h) When required to maintain their personal qualifications and proficiency and when work being performed is not used to avoid paying overtime, or to avoid paying wages for a higher classification, or to displace a bargaining unit employee.

(i) To cover absences and temporary vacancies if no other bargaining unit employee is available.

ARTICLE TEN

HOURS OF WORK

The Company will make every effort to schedule employees for full days and full weeks.

Additionally, the Company will make every effort to schedule full time employees prior to part time employees. However, full time employees will not be scheduled if they will enter into an overtime status for the required hours of work.

Section 2.

The standard work hours are 7:30 AM to 4:30 PM with one (1) hour lunch periods. Eight

(8) consecutive hours or nine (9) consecutive hours with a lunch hour shall constitute a immediate Supervisor to arrive at a forty (40) hour workweek. Lunch periods may vary between employees depending on their work assignments or task coverage and approved by the immediate Supervisor.

Section 3.

The standard workweek consists of seven (7) consecutive days beginning 12:01 AM Sunday to 12:00 midnight Saturday. The Company may establish a non-standard workweek where the two (2) consecutive days off are other than Saturday or Sunday.

The Company will permit the employee to take rest periods as workload permits.

Employees required to work beyond the end of their shift shall be entitled to a rest period at the beginning of the extra hours.

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An employee who is scheduled and reports for work at the scheduled time without having been notified not to report shall be given four (4) hours work or if no work is available, he shall be given four (4) hours pay at his applicable rate.

Section 6.

An employee who is called and reports back to work after he has completed his regularly assigned shift shall receive a minimum of two (2) hours pay at his applicable rate. The Company will not impose a temporary shift in order to deprive an employee of call-back pay.

Section 7.

If an employee is specifically notified and scheduled to work four (4) hours or less, before the starting time of his regularly scheduled shift, he shall be given the opportunity to remain at work until the end of his shift if the work load requires.

Section 8.

The Company and the Union agree to the principle that shift preference should be given to senior employees in each classification within the sections to the extent possible while maintaining a balanced work force. Employees will be allowed once a year during the month of November to request a shift preference. The Company will review the request in the first two (2) weeks in December. An approved shift change will take effect on the first workday in January.

ARTICLE ELEVEN

OVERTIME

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

Section 2.

The Company reserves the right to require employees covered hereby to perform overtime work in order to meet Government contract requirements. When such overtime is required, employees involved shall be given as much advance notice as possible.

- 13 -

Section 3.

Overtime shall be paid for hours worked in excess of eight (8) hours within a workday and for hours worked in excess of forty (40) hours in a standard workweek without duplication of daily and weekly overtime. Overtime shall be paid the rate at one and one-half (1-1/2) times the effective hourly rate of pay.

When it becomes necessary for employees covered by this Agreement to work overtime, they shall not be laid-off during regular working hours to equalize the time.

No overtime shall be worked except by direction of the proper supervisory personnel of the Company.

Section 6.

The Company will equalize overtime by classification among employees assigned to the same section and shift, to the extent possible. Substantiated inequities in overtime assignments shall be rectified by future offering of available overtime hours which the effected employee is qualified to perform. Supervisors will maintain an overtime use roster for determining overtime eligibility. The Shop Steward will have access to the overtime use roster. The Company will accept responsibility for the accuracy of the overtime equalization list maintained by supervisors.

ARTICLE TWELVE

WAGE RULES

The Company shall pay the scale of wages

Section 2.

Employees promoted or temporarily assigned to another job classification shall receive the rate of that job classification or continue at their present rate, whichever is greater. If temporarily assigned, they shall, upon return to their prior classification, assume the rate held prior to the temporary assignment. Pay increases relative to such temporary assignments or promotions shall become effective at the time the employee assumes the new assignment.

- 14 -

Employees covered hereby shall be paid on the fifteenth (15th) and last working day of the month.

Section 4.

A differential premium pay of one dollar ($1.00) per hour will be paid for all hours worked between 5:00 PM and 5:00 AM.

Section 5.

Standby People will be paid for a minimum of two (2) hours of work each time they are called to duty. If these people are not called to duty, they will be paid for two (2) hours of work per week when they are on standby.

Telephone standby will be from Monday through Thursday 0015-0700 hours. The same hours will apply to Holidays and Weekends on the next regular duty day.

Section 6.

Standby will be on a voluntary basis, as long as there are adequate volunteers to fulfill the mission otherwise, all personnel will be assigned, in alphabetical order. Training will be provided by the Company.

ARTICLE THIRTEEN

HOLIDAYS

The following eleven (11) days are designated as holidays:

Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Thanksgiving Day, Christmas Day.

Birthday Holiday

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Section 2.

Any employee who is on the active payroll on the holiday and has worked either his/her last scheduled shift preceding the holiday or his/her first scheduled shift succeeding the holiday, shall be eligible for holiday pay. Employees on vacation or medical absence shall be eligible for holiday pay.

Section 3.

The Company reserves the right to require employees to work on a holiday. When full-time employees are required to work on a holiday, they shall be paid in addition to the holiday pay at one and one-half (1-1/2) times their base rate of pay for hours worked on the holiday.

Section 4.

Should one of the holidays authorized above fall on a regularly scheduled day off, full-time employees will be authorized an alternate day off with pay at their base rate, to be taken at a time mutually convenient to the employee and the Company within thirty (30) days following the holiday.

Section 5.

Should any holiday authorized above occur on a Saturday, the preceding Friday will be considered the holiday. Should any holiday authorized above occur on a Sunday, the Monday following will be considered the holiday.

Section 6.

Part-time employees shall be eligible for holiday pay on a pro rata basis which is equal to the week prior hours worked, divided by five (5).

Section 7.

Employees who are on unpaid leave of absence for an entire pay period within which a holiday falls, shall not be eligible for payment for that holiday.

Holiday pay shall not be considered as time worked, except in the following situations:

(a) When an overtime modification is issued by the Contracting Officer.

(b) When the Company requires mandatory, regularly scheduled

- 16 -overtime in a holiday work week. I.e.: Computer operations, Air National Guard weekend support, cross country recovery by the 80th FTW, and end of the year processing.

(c ) When the Company requires urgent/emergency overtime to be performed in a holiday workweek that ensures contract requirements are complied with or requires emergency/hazardous scenarios to be handled immediately. All such scenarios will be approved by the contract manager or assistant before the overtime work is performed and will only be granted if there are no other qualified employees to perform the work at regular pay. I.e.: Computer reports processing problems, natural disasters, mechanical failures, local wartime issues, hazardous waste/material incidents, on or off base military aircraft disasters, arrival of presidential aircraft or shuttle mission aircraft in need of logistics support, and fuels support to aircraft or receipt of off base fuel deliveries.

ARTICLE FOURTEEN

VACATION

Employees covered by this Agreement shall be entitled to: two (2) weeks of vacation with pay during the first year of employment through the seventh year of employment and three

(3) weeks of vacation with pay each subsequent year up to and including the fourteenth year, and four (4) weeks of vacation with pay each subsequent year up to and including the twentieth year. Employees with twenty one years or more service shall receive five (5) weeks of vacation with pay each subsequent year thereafter.

Years of employment include continuous service with the predecessor contractors in the performance of Base Supply or Fuels service at Sheppard AFB.

Section 2.

Employees earn one- month of their employment with the Company. Each year employees must take the vacations earned that year as paid time off prior to the end of the year, except that up to forty (40) hours may be carried forward to the next vacation year

Each year begins on August 1st, and ends on July 31st of the following year.

- 17 -

In the event of termination before the end of a year, employees will be paid for vacation accrued annual vacation (80, 120, 160, 200 hours). Except for such termination, employees shall not be paid in cash in lieu of paid time off.

Section 5.

Vacations will be honored as paid time off at any time during the year up to the total to be earned for that year. However, employees who terminate after having taken more vacation paid time off than earned at the time of termination shall be liable to reimburse the Company for the excess paid time off.

Section 6.

Vacation must be requested in advance and will, insofar as possible, be granted as requested by employees. When conflicts arise the employee having the greater seniority shall be given preference.

Section 7.

Vacations may be taken in more than one segment but not in increments smaller than one

(1) hour unless approved by supervisor.

as vacation hours.

Part-time employees shall be entitled to vacations on a pro-rata basis determined by their part-time work schedule.

ARTICLE FIFTEEN

LEAVES OF ABSENCE

Unpaid leaves of absence for sufficient cause may be granted by the Company upon application from employees who have completed their trial period. Requests for leave of absence must be made in writing on a form provided by the Company and must be approved by the Director, T-Square Logistics Services Corporation.

- 18 -

Seniority shall continue to accumulate during the approved leave of absence not to exceed twenty-four (24) months except by mutual consent. When an employee has been granted request an extension of such leave prior to expiration, if additional time is required. All such extensions must have prior Company approval.

Section 3.

Subject to the conditions stipulated in this Article, leaves of absence may be granted for the reasons stated in the following paragraphs:

(a) An employee on leave of absence for personal health reasons may return to work prior to or at the expiration of such leave upon the release of a licensed physician provided he/she is able to perform his/her assigned duties safely. Should the ility to perform his/her assigned duties safely, the company may have the employee examined by another physician, prior to his/her return to work. If the physician selected by the Company and the amined by a third capability. Any such additional examination costs shall be incurred by the Company.

(b) While on leave of absence for personal health reasons, the employee shall notify the Company as to his/her potential of returning to work once every two (2) weeks, date of return, or when application and approval of the absence falls under the Family Leave Act.

(c) Leaves of absence without pay for Union business will be granted to representatives of the Union who are employees of the Company who have been selected by the Union and its representatives to attend such functions as conferences, conventions, and Union educational courses, not to exceed ten (10) work days provided advance notice is given to the Company. However, not more than two (2) employees may be on such leave at any one time. It is understood and agreed that once every four

(4) years, one (1) person will be granted leave of absence for up to three (3) weeks be made by mutual agreement.

Section 4.

When leaves of absence are granted, employees, upon return to active employment, will be returned to their job if their seniority will permit. If such job does not exist, or their seniority will not hold, they will exercise their bumping rights.

- 19 -

Employees responding to a subpoena as a Company witness are considered to be on paid time.

Section 6.

Any member of the Union shall, on written request by the Union, be granted unpaid leave of absence to serve in Union office for the term of such office. Employees on such leave shall accrue seniority. When the activities for which such leaves of absence are granted shall cease, the Union shall immediately notify the Company in writing, and if request is made 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. The returning Union member must report for active duty within thirty

(30) days of the expiration date of such leaves in order to retain such rights, unless extended by mutual agreement by the parties.

ARTICLE SIXTEEN

HEALTH & WELFARE

AND PERSONAL LEAVE

The Company shall make contributions equal to seven dollars and forty cents ($7.40) per hour paid to a maximum of 40 hours per week. Effective October 1, 2021 such amount shall increase to seven dollars and ninety cents ($7.90) per hour paid to a maximum of 40 hours per week. Effective October 1, 2022 such amount shall increase to eight dollars and forty cents ($8.40) per hour to a maximum of 40 hours per week. Effective October 1, 2023 such amount shall increase to eight dollars and ninety cents ($8.90) per hour to a maximum of 40 hours per week.

All new employees establishing seniority after the effective date of this Agreement shall have a onetime option to decide whether payment of the health & welfare benefit will be received as cash on regular payroll checks or be Purchase Plan. Once an employee has elected a method of payment, that choice cannot be revoked for the duration of this Agreement.

Bargaining unit employees participating in the 401 K Savings, (Money Purchase) and Investment plans become vested in accordance with official plan documents. The Company retains sole right to administer and control the plan, as it deems appropriate.

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Employees shall be allowed 12 days paid time off for sick and personal leave.

Personal leave balances do not accumulate and therefore employees cannot carry-over unused personal days from year to year. Employees shall not be paid in cash in lieu of paid time off for sick and personal leave. New employees shall receive a proportionate amount of sick/ personal leave at their hire date based on the months remaining before August 1st.

Part time employees hours shall be based on the hours worked each pay period multiplied by .0462.

responsibility to provide service to the customer and give adequate notice to supervisor when taking personal leave.

Employees absent from work for three (3) or more days due to a personal illness may be statement attesting to the illness and fitness of the employee to return to work.

ARTICLE SEVENTEEN

PROMOTIONS/TRANSFERS

In order to provide maximum stability to insure the even flow of operations, the security of all employees, and minimize the possibility of layoffs, the Company may temporarily assign employees to other assignments on the contract as the work load dictates for up to thirty (30) work days. This time frame may be extended by mutual agreement of the Company and the Union.

Section 2.

An employee temporarily assigned to a higher rated job classification by an authorized Supervisor shall be paid the appropriate rate of pay for that position for all hours spent actually working in that position.

Section 3.

The Company shall notify the Union of its intention to create a new job which is not now covered under this Agreement or to revise an existing classification. Said notice shall be given to the Union in advance of the implementation of such new job or revision of an existing classification. The wage rate for such new or revised job classification shall be established by mutual agreement.

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When it is determined by the Company that a vacancy in a job classification covered hereby exists, and that such vacancy shall be filled, the vacancy shall be posted in each section.

Bid forms will be available at the T-Square Logistics Services Corporation, Sheppard AFB shall be no requirement for the Company to again post such vacancy for a period of thirty

(30) calendar days from the date of the award of the position. Such notice shall contain the following information:

Job Classification Branch/Section Special Initial Shift Qualification Requirements Wage Rate Estimated Reporting Date and Time Date and Time After Which Bids Will No Longer be Accepted

The Company shall furnish a copy of the job posting, at the time of posting, to the Steward.

Section 6.

Regular vacancies shall be posted and held open for a period of six (6) work days. The Company may, at its option, temporarily fill a job vacancy by assignment during the period from the time the vacancy is posted for bid and the time it is filled.

Section 7.

Completed bid forms must be given to the Director, T-Square Logistics Services Corporation, or designated representative, who shall affix thereto a date and time stamp to validate timely filling. Bids received after the closing date will not be considered. A copy of the bid forms shall be given to the Stewards.

Section 8.

The Company reserves the right to cancel any posted job bid prior to the successful bidder assuming the duties thereof. Temporary vacancies expected to be of not more than thirty

(30) workdays need not be posted, and shall be filled in accordance with Section 1.

When an employee is awarded a posted job, and fails to satisfactorily perform the duties

- 22 -of the position within forty-five (45) calendar days after assuming the position, the employee will be returned to the classification last held prior to award of such promotion provided the classification has not been abolished. If the job has been abolished, the employee may exercise bumping rights. Employees so returned shall not be eligible to bid again for the job from which they returned for a period of six (6) months. The Company shall provide periodic evaluations during the forty-five day period and apprise the involved employee accordingly.

Section 10.

An employee who is promoted or changes their job through the bidding process must have been in their current positions for a minimum of ninety (90) calendar days. When a person bids for and is awarded a posted position, that person must take the new position once they are selected and notified. All promotions and transfers will become effective not later than the start of the next regular pay period.

Section 11.

Nothing in this Agreement shall be construed to prevent employees from performing work which is below their classification when required to do so by the Company. Such employees shall not suffer a reduction in pay. Anything over a total of thirty (30) days will require a mutual agreement.

Section 12.

When an opening arises within the bargaining unit, covered by this agreement, senior employees who bid shall be moved to the opening from the ranks of the permanent employees before temporary, part-time, or any new employee is called in to fill such a position or vacancy provided such an employee is available and has the necessary qualifications.

Section 13.

The Company will train employees using a cross-training utilization technique by having ongoing training for employees interested in being qualified in other areas of Fuels, i.e.

Fuel Control Clerk, so that when an opening might arise, then they will be qualified for for training will be asked in order of seniority.

Section 14.

An Employee with an active suspension on file will not be eligible to bid on job postings.

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ARTICLE EIGHTEEN

REDUCTION AND RESTORATION OF FORCES

In the event of lay-offs, the Company shall designate by classification the number of positions to be reduced. Temporary employees shall be laid-off first. Probationary employees in the job classifications affected shall be laid-off next and part-time employees in the job classification affected shall be laid-off next. If further lay-offs are necessary, such lay-offs shall be made on the basis of seniority as follows:

(a) Employees within each classification having the least seniority shall be laid-off first. Affected employees can bump less senior employees, provided they possess the ability and qualifications to perform the job of the less senior employee. In no event can an employee bump a higher classified employee. Bumping rights must be exercised within forty-eight (48) hours after an employee is notified that he/she is to be laid-off. Employees bumping to lower classifications will assume the hourly rate of the lower classification when assigned to the new classification.

For the purpose of recall, the Company shall designate by classification, the number of positions to be restored. An employee who is laid off or who displaces an employee in a lower paid job classification in accordance with Section (1) of this Article, shall retain recall rights in accordance with their seniority to the same job classification held at the time of their layoff/displacement. Employees demoted to a lower paid position due to a reduction in force shall retain the recall rights mentioned herein as long as they remain on the active payroll in a lower paid position. Employees who decline such offers will have no further recall rights to previous positions.

Section 3.

Notification of openings for recall shall be given by the Company by certified mail to the last mailing address furnished by the employee. A copy of such notice shall also be sent to the Union. In order to preserve their recall rights, employees must notify the Company of their intent to return to work within seventy-two (72) hours of receipt of the recall notice and must report to work within ten (10) working days after receipt of the notice. If the employee does not respond as required by this section, the next employee may be recalled and the notified employee will be terminated.

Section 4.

Failure of the employee to keep the Company advised in writing of their current correct address shall relieve the Company of all obligations indicated in Sections 2 and 3 above.

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ARTICLE NINETEEN

DISCHARGE AND DISCIPLINE/ABSENCE FROM WORK

The object of disciplinary action is to correct unacceptable behavior on the part of an employee in order to preserve employment status. This Article provides a method for employees to be informed of unacceptable conduct, correct such conduct and the removal of warnings when employees have achieved satisfactory performance.

Section 1.

The Company may discipline or discharge employees for cause. Should an employee feel such action improper, the employee shall then be extended all the rights and privileges accorded by the Grievance and Arbitration Procedures contained herein provided the employee has completed the trial period defined in Article Eight.

(a) Any written notice issued to an employee by the Company shall be issued within five (5) working days following knowledge by the Company of the occurrence of the alleged violation and such warning notice is subject to challenge by the Union or employee to whom the notice is issued in accordance with Article Twenty.

(b) through the grievance procedure to have been unjustifiably issued.

(c) A written notice shall be removed from an twelve (12) months, provided that no new warning notice has been issued during that twelve

(12) month period and the initial warning has not been successfully grieved.

In all cases where written warning notices or reprimands are given to employees, the Stewards will routinely receive a written copy of said notices.

Section 3.

Employees shall not leave work prior to the completion of their scheduled work hours without prior permission from their Supervisor. Exceptions will be made for emergency situations.

Section 4.

An employee who is absent from work for a period of three (3) consecutive work days without proper cause, or an employee who is absent from work for a period of three (3) consecutive work days without reporting the reason for such absence shall be considered as having resigned without notice.

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In cases of lay-off or suspension for cause, employees shall be given a copy of the lay-off, suspension or termination of service notice, if they are available to be presented with such copy. If they are not available, copies of the notice will be sent to employees at their last known address and to the Union office. Employees shall have the right to appeal the action shown on the notice, provided the Union files a written grievance with the designated representative of the Company in accordance with the grievance article in this Agreement.

ARTICLE TWENTY

GRIEVANCES

It is the intent of the parties to this Agreement that the procedure provided herein for the settlement of grievances shall serve as a means for peaceful settlement of all disputes that may arise between them as to the application or interpretation of the provisions of this Agreement.

Section 2.

Any discussions or conferences with employees which may lead to disciplinary actions shall take place with a Steward present if the employee so desires.

Section 3.

Grievances are to be presented and considered in accordance with the terms of this Agreement.

There shall be no responsibility of the Company to make an adjustment on any grievance unless it is submitted within ten (10) working days after the occurrence giving rise to it, or the date when the Union should reasonably have known of the occurrence.

Section 5.

It is understood that the time limits specified herein may be extended by mutual agreement of the Company and the Union.

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Section 6. (Step 1)

Any matters of contention between an employee or the Union, and the Company, shall be initially discussed between the employee(s) involved, if any, their Steward and the appropriate First Line Supervisor. If such matter is not resolved at this step, the aggrieved party(s) shall proceed as provided below.

Section 7. (Step 2)

Any employee having a grievance shall file a written grievance through their Steward to their Branch Manager within the time frames defined above. The grievance form shall set forth a statement of the grievance including the date and approximate time the event occurred which gave rise to the grievance, the details of the event and a summary of the Articles of the Agreement allegedly violated, and the specific remedy or relief requested and shall be signed by the employee or Steward. The Branch Manager and the Steward shall meet within three (3) working days to endeavor to arrive at a satisfactory adjustment of the grievance. The Branch Manager shall then provide a written decision within five

(5) work days after discussion with the Steward.

Section 8. (Step 3)

If the decision of the Branch Manager is not satisfactory, the Steward shall appeal the grievance to the Sheppard AFB Site Manager, or designee provided such appeal is filed…