Attch 11 CHI 2019-2024 CBA_Redacted_w_Appendix A.pdf

i

COLLECTIVE BARGAINING AGREEMENT

Between

Call Henry Inc.

And the

International Brotherhood of

Electrical Workers, AFL-CIO

Local Union 413

From 1 October 2019 to 30 June 2024

Launch Operations Support Contract (LOSC)

FA4610-18-C-0005

Atch 09, CHI 2019-2024 CBA_Redacted_w_Appendix A ii

TABLE OF CONTENTS

PAGE NO.

ARTICLE 1 SCOPE

ARTICLE 2 UNION MEMBERSHIP

ARTICLE 3 MANAGEMENT

ARTICLE 4 HOURS

ARTICLE 5 HOLIDAYS

ARTICLE 6 GRIEVANCE PROCEDURE

ARTICLE 7 SENIORITY

ARTICLE 8 ABSENCES

ARTICLE 9 SICK LEAVE

ARTICLE 10 UNION REPRESENTATION

ARTICLE 11 SECURITY

ARTICLE 12 WAGES

ARTICLE 13 VACATIONS

ARTICLE 14 TRAVEL AND TEMPORARY TRANSFER ALLOWANCES

ARTICLE 15 MISCELLANEOUS PROVISIONS

ARTICLE 16 NON-DISCRIMINATION

ARTICLE 17 GROUP INSURANCE

ARTICLE 18 PENSION PLAN

ARTICLE 19 NO STRIKE – NO LOCKOUT

ARTICLE 20 TRAINING PROGRAM

ARTICLE 21 ENTIRE AGREEMENT

ARTICLE 22 DURATION OF AGREEMENT

AGREEMENT SIGNATURE PAGE

APPENDIX A WAGE INCREASES

APPENDIX B WAGE RATE TABLES

APPENDIX C GROUP INSURANCE DESCRIPTIONS

APPENDIX D JOB DESCRIPTIONS

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AGREEMENT

This Agreement is made and entered into by and between Call Henry Inc. (hereinafter referred to as the “Company”) and the International Brotherhood of Electrical Workers, AFL-CIO, Local

Union 413, (hereinafter referred to as the "Union” unless otherwise indicated).

ARTICLE 1

SCOPE

This Agreement applies to all installation, operation, maintenance, engineering technician, and warehousing in support of real property, equipment and facilities associated with Launch

Operations Support Contract (LOSC) at Vandenberg Air Force Base, California under contract

FA4610-18-C-0005(or successor contracts).

ARTICLE 2

UNION MEMBERSHIP

Section 1, Employee Types Defined. Employee types are defined as follows:

(a) Regular Full-Time Employees – Permanent Employees working a minimum of 32 hours per week, on a scheduled regular basis.

(b) Temporary Employees – Personnel working a scheduled workweek a minimum of 32 hours per week, who are employed on a short-term basis to support fluctuations in workload. Temporary employees shall not normally work more than 520 hours, at which time they shall be deemed Regular Full Time Employees.

(c) Part-Time (Occasional or On-Call) Employees – Personnel working on an unscheduled, occasional or on-call basis to support specific mission-critical, launch or operational requirements.

(d) Summer Interns – Employees supporting temporary assignments during summer months will not be required to join the union regardless of total hours worked or job classification.

Section 2, Coverage. All Regular Full-Time, Temporary and Part-Time employees covered by this Agreement must join the Union or become a financial core member within seven (7) days following the thirtieth (30 th

) day of employment by the Company (with the exception of Summer

Interns).

Section 3, Notification. In the event the Union notifies the Company in writing that an employee has failed to meet the requirements of Section 2 above, the Company shall within one week after such written notification remove such an employee from the job classification specified in this

Agreement.

Section 4, Deduction of Dues. Any employee who wishes to have the employer deduct the amount of monthly dues from his pay for transmittal to the Union shall execute an authorization card to be furnished by the Union in the form prescribed. Such authorization shall automatically cancel any prior deduction authorization executed by such employees. The amounts of monthly

Union dues and/or payments toward initiation fees will be certified to the employer in writing from time to time by the Financial Secretary of the Local Union. A certification from said

Financial Secretary, which changes the amount of said dues, shall become effective no sooner than the first (1 st ) day of the pay period following a period of thirty (30) days form the date the employer received such certification, provided the employee executes a new authorization for withholding.

One half the current month’s dues will be deducted from the wages paid in the first two pay periods of the month, for the full amount of such dues, provided the authorization is received by the employer at least one (1) week in advance of the scheduled deduction period and provided there is sufficient pay available to cover the same for the full amount authorized after all other deductions required by law or authorized by the employee have been made. If the scheduled deduction for the Union representation dues cannot be made that pay period, the full amount of the deduction will be made from the employee’s pay in the next succeeding pay period in the current month in which there is sufficient pay. Deductions will not be made in respect to any prior month’s dues except when the employer unintentionally failed to make the deduction in any such month.

Within the pay period following the month in which the deduction has been made, the employer shall deliver to the Union Financial Secretary a check for the amount due, drawn in favor of the

Local Union. The employer shall furnish, with the dues check, a list showing the names of employees from whose pay regular deductions have been made, a deduction has been made for the prior month, or no deduction has been made because of cancellation of authorization, revocation of authorization or insufficient earnings in the pay period or new hires.

Part-Time workers are not required to pay dues in months where they are not employed.

Authorizations for deductions of dues which are executed in the form prescribed on or after the effected date of this Agreement may be revoked by employee by a written notice to the employer and the Local Union by registered U.S. Mail, return receipt requested, not less than ten (10) days prior to the expiration of each one (1) year period of authorization. Such revocation shall be effective with respect to the deduction, which would otherwise have been made immediately after such revocation. A newly executed authorization signed by the employee shall be required, if he desires to replace an authorization which deductions have terminated in accordance with the provisions hereof.

It is agreed that a written assignment of the following form (or in a form substantially the same as the following form) will be acceptable for the purpose of this Agreement.

Section 5, Hold Harmless. The Union agrees to save the Company harmless from any action or actions commenced by an employee against the Company for any claim arising out of such deductions, and the Union assumes full responsibility for the disposition of the funds so deducted once they have been turned over to the Union as above provided. Unintentional errors made by the Company in the deduction and/or remittance of monies under this Agreement shall not be considered by the Union as a violation of this Agreement.

PAYROLL DEDUCTION AUTHORITY

NAME ______________________________ PAYROLL NO. ______________________

I hereby authorize and direct the Call Henry Inc.to deduct from my pay, Union membership initiation fee, and dues in the amounts fixed in accordance with By-Laws of Local Union 413 and the Constitution of the International Brotherhood of Electrical Workers and pay same to said Local

Union in accordance with the terms of the bargaining Agreement between the employer and the

Union.

This Authorization shall be irrevocable for a period of one (1) year from the date hereof or until the termination date of said Agreement, whichever occurs sooner, and I agree that this authorization shall be automatically renewed and irrevocable for successive periods of one (1) year unless revoked by written notice to the employer and the Union not less than ten (10) days prior to the expiration of each one (1) year period, or of the applicable bargaining Agreement between the employer and the Union, whichever occurs sooner.

Local Union _________________________ Signature ______________________

Notes for Union _________________________ Date Signed ____________________

Type of Membership _________________________

ARTICLE 3

MANAGEMENT

The management of the business and direction of the working force, including but not limited to the right to plan, direct and control operations; to schedule and assign work to employees;

subcontract and sublet work; to maintain the efficiency of employees; to establish and require employees to observe Company rules and regulations; to hire, layoff, transfer, promote, or relieve employees from duties and to maintain order and to suspend, demote, discipline, and discharge employees for just cause, are the exclusive rights of the Company.

It is agreed that Local Union 413 may process any grievance resulting from the administration of this clause by the Company through the regular grievance procedure, and such grievance or grievances shall be settled upon the merits of the particular grievance.

ARTICLE 4

HOURS

Section 1, Work Week.

(a) A normal five (5) day workweek shall consist of five (5) consecutive days of eight

(8) hours each Monday through Friday and two (2) consecutive days off.

(b) A normal four (4)day workweek shall consist of four (4) consecutive days of ten

(10) hours each Monday through Thursday or Tuesday through Friday and three (3) consecutive days off.

(c) A normal nine (9) eighty (80) work schedule shall consist of a recurring two-week

(2 week) schedule consisting of four (4) consecutive days of nine (9) hours each day Monday through Thursday and one eight-hour day on Friday and two (2) consecutive days off for the first week. The second week shall consist of four (4) consecutive days of nine (9) hours each Monday through Thursday and three (3) consecutive days off.

(d) Personnel assigned to launch support schedules will automatically revert to a five

(5) day eight (8) hour work week starting the first day of the pay week that launch support shifts are scheduled.

(e) The beginning day of schedules list in paragraphs (a, b) shall be designated by the

Company. The Company and the Union may agree to a different pattern of days off.

(f) The Company shall give a minimum of four (4) working days’notice, to an employee before changing an employee’s normal workweek. The employee shall be paid one and one half (1 ½) times their normal rate of pay for the first day when not given four (4) days’ notice, provided the employer has had said schedule for four (4) working days prior to giving notice. The employer will notify the employee within one working day of any change to the original launch support schedule.

Section 2, Workday.

(a) The regular workday shall consist of the first (1 st ) regularly scheduled eight hours worked in a twenty-four (24) hour period {00:00 to 24:00}, for a five (5) day workweek, or ten (10) hours worked in a twenty-four (24) hour period {00:00 to

24:00} for a four (4) day workweek.

(b) The starting and stopping times for shifts will be designated by the Company. The

Union will be notified concerning changes in normal shift hours prior to such change.

(c) The place of starting the day’s work for all groups shall be at a location designated by the Company. The Company reserves the right to reassign employees to a different reporting location as job requirements dictate and agrees to give four (4) working days’ notice whenever possible.

(d) Employees shall not be required to transport Company tools or material in their privately owned vehicles. The transportation of material and tools other than assigned hand tools shall be considered as time worked.

Section 3a, Overtime& Premium Pay. (For Fixed Price Non-Reimbursable Work)

(a) On a five (5) day workweek one and one-half (1 ½) times the base hourly rate shall be paid for the first four (4) hours worked in excess of eight (8) hours in any one day and for the first twelve (12) hours work performed on the sixth (6 th consecutive day worked in the assigned work week. Twice (2x) the base hourly rate shall be paid for all hours worked in excess of twelve (12) hours in any one day or sixty (60) hours in any one assigned work week and for worked performed on the seventh (7 th

) consecutive day worked in the assigned workweek.

(b) On a four (4) day workweek one and one-half (1 ½) times the base hourly rate shall be paid for the first two (2) hours worked in excess of ten (10) hours in any one day and for the first twelve (12) hours work performed on the fifth (5 th

) and sixth (6 th consecutive day worked in the assigned workweek not to exceed sixty (60) hours.

Twice (2x) the base hourly rate shall be paid for all hours worked in excess of twelve (12) in any one day or sixty (60) hours in any one assigned workweek and for work performed on the seventh (7 th

) consecutive day.

(c) Overtime shall not be paid more than once for any hour worked and there shall be no pyramiding of overtime. Pyramiding is defined as the doubling of any overtime rate. Paid absences will be considered as time worked in computing overtime hours. Overtime will not be scheduled to make up for paid absences.

(d) In case an individual is required to support continuous through the midnight hour, the hours worked after midnight will be included in the previous day’shours for overtime calculation, but recorded as the actual time.

(e) Crew Rest shall be the eight (8) hours at the end of scheduled overtime. If any Crew

Rest time extends into a normal work day the worker shall be paid for those hours at the normal rate of pay.

(f) One and one half (1 ½) time (premium pay) shall be paid for hours before the start of the employee’s normal shift. The employees shall be entitled to work their normally scheduled shift and will not be sent home to avoid the payment of premium pay.

(g) Scheduled Overtime: When scheduled for work outside the employee’s regularly scheduled shift, excluding pre and post shift continuation overtime, the employee shall be paid a minimum of four (4) hours at the applicable overtime rate.

(h) Pre/Post shift Overtime:

Pre-shift: If an employee has reported on site to theirnormally appointed reporting locationearly for work and is requested to begin work earlier than their normally scheduled start time, they shall be paid the nearest full hour at the applicable overtime rateover theactual time worked (e.g., an employee asked to begin work at

6:45am with a normal start time of 7:00am shall be paid a full hour at the applicable overtime rate).

Post-shift: If an employee is requested by management, not proposed by the employee, within ½ hour prior to their regularly scheduled shift end to continue work they shall be paid the nearest full hour at the applicable overtime rateover the actual time worked.

Section 3b, Overtime & Premium Pay. (For Reimbursable Task Assignment Work Only)

(a) On a five (5) day workweek one and one-half (1 ½) times the base hourly rate shall be paid for the first four (4) hours worked in excess of eight (8) hours in any one day and for the first twelve (12) hours work performed on Saturday. Twice (2x) the base hourly rate shall be paid for all hours worked in excess of twelve (12) hours in any one day or sixty (60) hours in any one assigned work week and for worked performed on Sunday.

(b) On a four (4) day workweek one and one-half (1 ½) times the base hourly rate shall be paid for the first two (2) hours worked in excess of ten (10) hours in any one day and for the first twelve (12) hours work performed on Saturday, and on Friday when the normal work week is Monday through Thursday and on Monday if the normal work week is Tuesday through Friday. Twice (2x) the base hourly rate shall be paid for all hours worked in excess of twelve (12) in any one day or sixty (60) hours in any one assigned workweek and for work performed on Sunday.

(c) Overtime shall not be paid more than once for any hour worked and there shall be no pyramiding of overtime. Pyramiding is defined as the doubling of any overtime rate. Paid absences will be considered as time worked in computing overtime hours. Overtime will not be scheduled to make up for paid absences.

(d) In case an individual is required to support continuous through the midnight hour, the hours worked after midnight will be included in the previous day’s hours for overtime calculation, but recorded as the actual time.

(e) Crew Rest shall be the eight (8) hours at the end of scheduled overtime. If any Crew

Rest time extends into a normal work day the worker shall be paid for those hours at the normal rate of pay.

(f) One and one half (1 ½) time (premium pay) shall be paid for hours before the start of the employee’s normal shift. The employees shall be entitled to work their normally scheduled shift and will not be sent home to avoid the payment of premium pay.

(g) Scheduled Overtime: When scheduled for workoutside of the employee’s regularly scheduled shift, excluding pre and post shift continuation overtime, the employee shall be paid a minimum of four (4) hours at the applicable overtime rate

(h) Pre/Post shift Overtime:

Pre-shift: If an employee has reported on site to their normally appointed reporting location early for work and is requested to begin work earlier than their normally scheduled start time, they shall be paid the nearest full hour at the applicable overtime rateover the actual time worked (e.g., an employee asked to begin work at

6:45am with a normal start time of 7:00am shall be paid a full hour at the applicable overtime rate).

Post-shift: If an employee is requested by management, not proposed by the employee, within ½ hour prior to their regularly scheduled shift end to continue work they shall be paid the nearest full hour at the applicable overtime rateover the actual time worked.

(i) Effective July 1, 2020, when working in support of a contractually funded Task

Assignment, employees will be paid a premium of two dollars and fifty cents

($2.50) per hour above their applicable wage at the time of job performance. In the event where work is performed on a task that is not a contractually funded Task

Assignment at time of performance but later becomes one, that work will not be considered part of the Task Assignment premium pay.

Section 4, Lunch Periods.

(a) Non-Continuous Support . The Company agrees to schedule its shifts commencing between 6:00 a.m. and 2:59 p.m. so that an unpaid break for lunch, not to exceed one (1) hour, shall occur at or near the middle of each eight (8) hour shift.

(b) Continuous Support . The Company agrees to schedule its shifts commencing between 6:00 a.m. and 2:59 p.m. so that a paid break for lunch of twenty (20) minutes shall occur during each eight (8) hour shift at the employee’s assigned work location.

(c) Night Shifts . The Company agrees to schedule its shifts so that a paid break for lunch of twenty (20) minutes shall occur during each eight (8) hour shift at the employee’s assigned work location for shifts commencing between the hours of

3:00 p.m. and 5:59 a.m.

(d) Overtime Support. In overtime situations involving overtime in excess of two (2) hours beyond the employee’s shift, the employee shall be provided a twenty (20) minute paid lunch break. An additional twenty (20) minute paid lunch break shall be allowed every four (4) hours thereafter.

Section 5, Person-In-Charge. When two (2) or more employees covered by the Agreement are working together on a project, the Company may assign an in-charge-person as the technical lead for the project. The person selected shall normally be the most technically qualified person to lead the project. A project is a non-recurring task or series of tasks that will normally require more than three working days to complete. Projects are separately funded or authorized by the

Government as either a Task Assignment or Work Request. The duties and responsibilities shall be defined as follows:

In addition to performing the duties of his regular Job Group, Family, Classification, the “in-charge-person” shall be responsible for interpreting job requirements/specifications, laying out work to the members of his group, maintaining control of technical data associated with assigned tasks, assisting coordination of work activities with other Company and/or customer personnel and reporting on work progress, delays and completions as necessary and approval of time sheets. The

“in-charge-person” shall not participate in disciplinary action against another employee.

The responsibilities and duties only cover the hours, which the employee is working on a project and for which “in-charge” responsibilities have been assigned.

When an employee covered by this Agreement is requested to and performs the duties of an “in-charge-person”, he shall not be construed to be a supervisor. The person “in-charge” shall be paid a premium over and above his regular rate of pay as follows: one dollar and ten cents ($1.10) per hour.

An “in-charge-person” who has been working as such continuously for two (2) weeks preceding a

Company-observed holiday shall receive the “in-charge” premium for such day.

Employees shall not be discriminated against for refusing “in-charge” duties.

Section 6a. Operations Lead The Company may assign an Operations Lead as the lead for an area or facility.

In addition to performing the duties of his regular Job Group, Family, Classification, the

“Operations Lead” shall be responsible for obtaining assigned work from the Work Control

Center, laying out work to the members of his group, maintaining control of technical data associated with assigned tasks, assisting coordination of work activities with other Company and/or customer personnel and reporting on work progress, delays and completions as necessary and approval of time sheets. The “Operations Lead” shall not participate in disciplinary action against another employee.

The person performing as an “Operations Lead” shall be paid a premium of three dollars($3.00) per hour over the highest paid member working in the area or facility he or she is responsible. For example; if the highest paid person assigned to the Operations Lead is a “Pipefitter” at $ 20.00 per hour, then the Operations Lead pay is established at $23.00per hour regardless of the Lead’s personal Family or Group.

Section 6b. General Foreman. The company may assign a General Foreman as the technician in charge over one or more shops performing multi-crafted operations, maintenance, repair, and facility alterationfunctions.

In addition to the duties outlined in Article 4 Section 6a for Operations Lead, the General Foreman shall be responsible for job planning, coordinating, scheduling, executing, supervising, customer and stake-holder interface, material and service procurement coordination, and various technician supervisory roles.

The person performing as a General Foreman shall be paid a premium of six dollars ($6.00) per hour over the highest paid non-lead member working under his or her supervision regardless of the

General Foreman’s personal Family or Group.

Section 7, Shift Premium. The Company shall pay a shift premium allowance in accordance with the following provisions:

(a) Shift Premium Period. Shift premium shall be paid for hours worked between

16:30 and 06:00 with an accumulated time of four hours or more.

(b) Shift Premium. Those employees eligible for shift premium in accordance with (a) shall be paid such premium as shown below. No compounding of shift premium shall be made when paid during overtime hours.

Shift Premium: One dollar and twenty-five cents ($1.50) per hour.

Section 8, Scheduling Shift Work.

(a) Shift schedules shall be set up for one (1) workweek at a time when ten (10) and four (4) shifting is in effect.

(b) The start and stop time each day shall be set forth on the workweek schedule for each employee’s normal shift.

(c) It will be the policy of the Company to not reassign workers to a different normal shift within one (1) week after their assignment to a shift unless the requirements of operations so dictate. Employees will be notified as soon as possible before assignment to a different shift (i.e., change of normal shift assignment). The employee shall be paid one and one half (1 ½) times their normal rate of pay for the first day when not given four (4) days notice, provided the employer has had said schedule for four (4) working days prior to giving notice. The employer will notify the employee within one working day of any change to the original launch support schedule.

(d) Scheduling of Saturdays, Sundays and Holidays as normal work days will be held to an absolute minimum consistent with operational requirements.

(e) A minimum of eight (8) hours will be allowed between regularly scheduled shifts.

Section 9, Call Out Pay.On an emergency call out, an employee shall receive applicable overtime pay on a portal-to-portal basis from anywhere in Santa Barbara County. When an employee is called to work before or called back after having been released from his assigned shift, travel time from, and return to the employee’s home shall be considered as work time, a minimum of four (4) hours pay, at the applicable overtime rate, shall apply. The employee on the call out may notify the

Duty Officer if in their estimation it is unsafe to be alone on the callout. The Duty officer will be responsible for approving and dispatching the second employee.

If the call out is on a Holiday, the employee will be paid a minimum of four (4) hours at twice their hourly rate.

Section 10, Turnaround Time. Turnaround is the period of time between the completion of the employee’s assigned scheduled shift or scheduled overtime assignment and the commencement of the employee’s next assigned scheduled shift or scheduled overtime assignment. If such turn-around period is two (2) hours or less, the employee will not be released from work, but will be permitted to continue working until the start of the next work assignment. In the event that such employee is released from work during this two (2) hour period, he will be compensated for the turn-around period at the applicable overtime rate, up to but not to exceed a maximum of two (2) hours.

Section 11, Scheduled Overtime Cancellation. In the event that an employee reports to the job site for scheduled work on an overtime assignment noted above and finds the assignment is cancelled, he will be compensated with four (4) hours pay at the applicable overtime rate.

Section 12, Abuse. Any abuse of the administration of this Article shall be subject to the grievance procedure.

ARTICLE 5

HOLIDAYS

Section 1, Holidays. The Company shall recognize the following holidays:

New Year’s Day Columbus Day

Martin Luther King Jr. Day Veteran’s Day

President’s Day Thanksgiving Day

Memorial Day Day after Thanksgiving

Independence Day Christmas Day

Labor Day Pre/Post Christmas Day

Floating Birthday

When a holiday falls on Sunday, the following Monday will be observed as a holiday. When a holiday falls on Saturday, the prior Friday will be observed as the holiday. Personal holidays must be approved and scheduled in advance (in writing whenever possible).The Pre/Post Christmas Day

Holiday will take place on the scheduled shift prior to or following the Christmas Holiday

(observed). It will remain within management’s discretion to staff appropriate proportions of personnel and trades pre and post-Christmas Day (observed) to ensure adequate contract support.

In the event management does not determine a specific need, staffing levels will be kept at minimums based on the employee’s time of submitted request (first come, first served), followed by seniority.

Floating Birthday Holiday: The company shall provide an additional day of paid leave annually for each employee’s birthday to be utilized within his or her birth month following existing company leave request procedures.

Section 2, Holiday Pay. Employees will be paid eight (8) hours pay at their regular hourly rate of pay plus any applicable shift premium.

Section 3, Eligibility. An employee who is employed on the LOSC contract prior to a named holiday and is on sick leave or vacation in a week in which that named holiday occurs, is entitled to the holiday benefit.

Section 4, Holidays Worked. In addition to the holiday pay provided in Section 2, two (2) times the regular straight time rate of pay shall be paid for all work performed on the holidays designated in Section 1.

Section 5, Observance of Holidays. Those employees whose normal days off are scheduled between Monday and Friday, shall observe holidays which fall on their scheduled day off on the date of the actual holiday. The day off shall beobserved on another day during the same calendar week which is mutually agreed to by the company and the employee.”

ARTICLE 6

GRIEVANCE PROCEDURE

Section 1, Complaints. In the event that any employee or employees have a complaint, they shall have the right to verbally present the complaint, directly or through their steward, to their immediate supervisor.

If the complaint cannot be settled within ten (10) working days, and involves a matter subject to grievance procedures, it may be reduced to writing and processed in accordance with the grievance procedure hereinafter described.

Section 2, Time Limits. It is agreed that harmonious relations between the parties require the prompt handling and disposition of grievances. A written grievance must be filed within thirty

(30) working days after the event occurs which gave rise to the grievance, or it will not be considered in the grievance procedure unless an extension of time has been negotiated between the

Company and the Union.

Saturdays, Sundays, and holidays shall not be counted in computing the due date for any decision or appeal therefrom. Time limits for grievance meetings at any step may be extended by mutual agreement of both parties.

Section 3, Grievance Defined. A grievance is defined as a dispute between the Company and an employee or employees, involving the application or meaning of any provision of this Agreement, which is reduced to writing and filed for processing through the grievance procedure. All written grievances shall be presented on a form acceptable to the Union and the Company. The written grievance shall state the Article of the Agreement violated, the complaint and remedy sought; and this, together with any accompanying statement, shall be dated and signed by the steward presenting the grievance.

Section 4, Grievance Procedure.

(a) First Step. Shall be between the supervisor and the steward. The first step meeting will be held within five (5) working days after the grievance is presented to the aggrieved employee’s supervisor. A written reply will be given to the steward by the supervisor within five (5) working days after the meeting. The Union will notify the Company in writing within five (5) working days after receipt of the Company’s reply indicating their acceptance of the Company’s reply or appeal to the next step of this grievance procedure.

(b) Second Step. Shall be between the second level supervisor and the Chief Steward for the Union. A meeting will be held within five (5) working days after receipt of the written appeal to second step. A written reply will be given to the Union within five (5) working days after the meeting. The Union will notify the Company in writing within five (5) working days after receipt of the Company’s reply indicating their acceptance of the Company’s reply or appeal to the next step of this grievance procedure.

(c) Third Step. Shall be between the Company’s Project Manager and the Union Business

Manager. A meeting will be held within ten (10) days after receipt of the written appeal to third step. A written reply will be given to the Union within ten (10) working days after the meeting. The Union will notify the Company in writing within thirty (30) working days after receipt of the Company’s reply indicating their acceptance of the

Company’s reply or that it intends to submit the matter to arbitration. All third step decisions will become final and binding on all parties concerned unless the matter is submitted to arbitration.

(d) If any time limit is exceeded, then the party that exceeded the time limit will concede the grievance.

Section 5, Precedents. A final decision made with respect to any grievances in the first and second steps shall apply to that grievance only and shall not become a binding precedent in the case of interpretation of the Agreement. All settlements must be consistent with the terms and conditions of this Agreement.

Section 6, Arbitration. Any grievance, which has not been finally settled or disposed of in accordance with the steps of the Grievance Procedure herein outlined, may be submitted to arbitration within thirty (30) working days of the receipt of the third step reply. The Company and the Union shall endeavor to agree upon an arbitrator; but if they are not able to agree within ten

(10) working days following the request for arbitration, either or both parties may request the

Federal Mediation and Conciliation Service to submit a panel of seven (7) arbitrators. Either party may request one (1) additional panel, one time only. Upon receipt of the panel names, the Union and the Company shall have five (5) days to meet and alternately cross off an equal number of names from such a panel list; the remaining name shall be the arbitrator.

The decision of the arbitrator shall be final and binding on the Company, the Union and any employee or employees involved. The arbitrator shall have authority only to settle grievances arising pursuant to the terms of this Agreement and may interpret and apply the provisions of this

Agreement only to the facts of the particular grievance involved. He shall have no power or authority to add to, detract from, or in any way alter or modify the provisions of this Agreement, nor shall the same question or issue be subject to arbitration more than once.

The Company and the Union shall share the arbitrator’s fee and arbitration procedure expenses equally. The Union assumes the responsibility for paying employees for the time during which the Union may call them as a witness in arbitration hearings.

ARTICLE 7

SENIORITY

Section 1, Effective Date of Union Seniority. For the purpose of this agreement, Union Seniority shall be as follows:

(a) Regular Full-Time Employees – the effective date of Union seniority for all full-time employees covered by this initial agreement is LOSC Date of Hire.

(b) Temporary Employees – shall accrue no seniority until converted to Regular Full-Time employees in accordance with Article 2, Section 1; at which time their union seniority shall revert to LOSC Date of Hire

(c) Part-time Employees are not eligible to accrue union seniority.

Section 2, Transfers. Employee members of the bargaining unit shall have their total seniority with the Company transferred when they are transferred from one seniority location to another, regardless of the previous job families or different seniority locations where the employee may have worked. Seniority, as used through this Article, refers to Union seniority unless otherwise stated.

Section 3, Provisions. The following seniority provisions shall apply at the seniority location on which the job is being performed. Seniority locations are defined as separate government bases or subdivisions thereof, that may be determined by the company and agreed to by the Union in the form of a supplemental seniority agreement applicable at the subdivided base.

(a) Layoff. Employees shall be laid off in accordance with their total Union seniority by seniority locations and by job family, providing the remaining employees at that seniority location are capable of efficiently performing the remaining work. In cases of layoff involving employees with seniority rights, the Company will notify the employee and the Union as promptly as possible and give, two (2) weeks’notice to the employee.In the event two (2) weeks’ notice is not given, the employee will receive two (2) weeks’ pay (not to exceed 80 hours straight time pay). Employees may only exercise their seniority rights at their own seniority location.

(b) No employee may transfer or be transferred into any job group while that job group is on layoff status.

(c) Transfer to Avoid Layoff. An employee who has at least six (6) months service with the company in a job family in his group or another group other than his current job family may exercise seniority rights in that job family at a classification level equal to what he would have received had he not left that job family, provided:

1. He has more total seniority in the other job family than the least senior employee in that job family.

2. He can satisfactorily perform the work of the employee replaced in the other job family within five (5) working days.

Section 4, Seniority Groups.

(a) The following are the separate job groups and their job families

Group “A”

Electrical, Maintenance and Repair Group

Operations Lead

Maintenance Electrician Journeyman

Maintenance Electrician Apprentice 1 (Yr-1)

Maintenance Electrician Apprentice 2 (Yr-2)

Maintenance Electrician Apprentice 3 (Yr-3)

Maintenance Electrician Apprentice 4 (Yr-4)

Fire Alarm System Technician Journeyman

Fire Alarm System Technician Apprentice 1 (Yr-1)

Fire Alarm System Technician Apprentice 2 (Yr-2)

Fire Alarm System Technician Apprentice 3 (Yr-3)

Fire Alarm System Technician Apprentice 4 (Yr-4)

Group “B”

Mechanical, Maintenance and Repair Group

Operations Lead

HVAC Mechanic Journeyman

HVAC Mechanic Apprentice 1 (Yr-1)

HVAC Mechanic Apprentice 2 (Yr-2)

HVAC Mechanic Apprentice 3 (Yr-3)

HVAC Mechanic Apprentice 4 (Yr-4)

Plumber, Maintenance Journeyman

Plumber, Maintenance Apprentice 1 (Yr-1)

Plumber, Maintenance Apprentice 2 (Yr-2)

Plumber, Maintenance Apprentice 3 (Yr-3)

Plumber, Maintenance Apprentice 4 (Yr-4)

Welder, Maintenance Journeyman

Welder, Maintenance Apprentice 1 (Yr-1)

Welder, Maintenance Apprentice 2 (Yr-2)

Welder, Maintenance Apprentice 3 (Yr-3)

Welder, Maintenance Apprentice 4 (Yr-4)

Group “C”

Equipment Maintenance and Repair Group

Operations Lead

Crane/Hoist Maintenance Mechanic Journeyman

Crane/Hoist Maintenance MechanicApprentice 1 (Yr-1)

Crane/Hoist Maintenance MechanicApprentice 2 (Yr-2)

Crane/Hoist Maintenance MechanicApprentice 3 (Yr-3)

Crane/Hoist Maintenance MechanicApprentice 4 (Yr-4)

Machinery Maintenance Mechanic Journeyman

Machinery MaintenanceMechanic Apprentice 1 (Yr-1)

Machinery Maintenance Mechanic Apprentice 2 (Yr-2)

Machinery MaintenanceMechanic Apprentice 3 (Yr-3)

Machinery MaintenanceMechanic Apprentice 4 (Yr-4)

Structural Mechanic Journeyman

Structural MechanicApprentice 1 (Yr-1)

Structural MechanicApprentice 2 (Yr-2)

Structural MechanicApprentice 3 (Yr-3)

Structural MechanicApprentice 4 (Yr-4)

Group “D”

General, Maintenance and Repair Group

Operations Lead

Facility MaintenanceJourneyman

Facility MaintenanceApprentice 1 (Yr-1)

Facility MaintenanceApprentice 2 (Yr-2)

Facility MaintenanceApprentice 3 (Yr-3)

Facility MaintenanceApprentice 4 (Yr-4)Maintenance

Helper

Group “E”

Plant and System Operation Group

Operations Lead

Stationary Engineer Journeyman

Stationary Engineer Apprentice 1 (Yr-1)

Stationary Engineer Apprentice 2 (Yr-2)

Stationary Engineer Apprentice 3 (Yr-3)

Stationary Engineer Apprentice 4 (Yr-4)

Boiler Tender Journeyman

Boiler Tender Apprentice 1 (Yr-1)

Boiler Tender Apprentice 2 (Yr-2)

Boiler Tender Apprentice 3 (Yr-3)

Boiler Tender Apprentice 4 (Yr-4)

Group “F”

Materials and Warehousing Group

Supply Technician

Material Expeditor/Warehouse Journeyman

Material Expeditor/Warehouse Apprentice 1 (Yr-1)

Material Expeditor/Warehouse Apprentice 2 (Yr-2)

Material Expeditor/Warehouse Apprentice 3 (Yr-3)

Material Expeditor/Warehouse Apprentice 4 (Yr-4)

Storekeeper A

Storekeeper B

Storekeeper C

Material Handling Laborer

Group “G”

Support Personnel Group

CMMS Work Control Clerk A

CMMS Work Control Clerk B

General Office Clerk

Secretary, A

Secretary, B

Section 5, Job Families.

(a) Each employee shall have his regular job family and group designated in the seniority file and basic seniority rights in the job family and group. However, it is agreed by the parties that in accordance with the requirements for efficient and productive performance of the work, employees may be assigned permanent duties in more than one job family, provided:

1. Assignments are to the classification levels in other job families of his group that are equal to or lower rated than his regular classification.

2. The employee shall continue to receive his regular rate of pay while performing other duties.

3. Employees who are permanently assigned duties in more than one job family shall have seniority rights in all such job families.

4. An employee who permanently transfers into a job family in his group or another group as a result of a promotion or a transfer request shall not have seniority rights in that job family until he has continuously served a cumulative and documented time in that job family for at least six (6) months. The employee shall have seniority rights in the previous job family while he is accruing the required six (6) months service in the new job family.

It is further understood that employees who are assigned permanent duties in more than one job family shall have seniority rights in all such job families after serving in that capacity for cumulative time of at least six (6) months.

(b) Employees may, as required, temporarily perform related incidental duties of equal or lower rated classifications of job families in their group or other groups, provided the employee shall continue to receive this regular rate of pay.

(c) Employees may be temporarily transferred to other job groups, provided there is lack of work in his group, or a special skill which is needed, is not available within the group.

The Union will be notified prior to any transfers between groups, which are not related to the employee’s job skills.

Section 6, Recall Rights.

(a) Employees on layoff shall have recall rights equal to their length of service up to a period not to exceed twelve (12) months, providing they are physically able to efficiently perform the work available upon their return. Previous employees currently laid off through 1 Oct 2014 will be grandfathered at (24) months.

(b) Employees shall be recalled at their seniority location in accordance with their seniority and job family at time of layoff, the last laid off being the first recalled.

Recalled employees and employees who have transferred to avoid layoff shall return to their job family and classification level held prior to layoff. Employees must answer recall within seventy-two (72) hours of receiving the Company’s notice.

(c) The Company shall be the sole judge whether employees shall be laid off or discharged during the first ninety (90) days of their employment with the Company, during which period the employee shall be considered as probationary.

(d) Service with the Company does not accumulate while an employee is on a layoff.

(e) Employees on a leave of absence shall accumulate Union Seniority.

Section 7, Vacancies.When a vacancy exists on any CBA position or in the formation of any new

CBA positions, preference in filling such vacancy shall be granted on a seniority basis, provided the employee is qualified to perform the work and when consistent with effective operations. It shall be the responsibility of the Company to inform the Union and the employees that a job opening exists, through a job posting.

Section 8, Transfer Between Groups. When an employee agrees to transfer between groups defined in Section 3 of this Article as a result of a vacancy, employees who are not currently qualified shall be given a ninety (90) day on-the-job qualification period. Employees who are not disqualified within the ninety (90) day period shall, upon being qualified, receive the appropriate rate of pay for such job family and classification. Employees may be qualified prior to the end of the qualification period and will receive the appropriate rate of pay. The Company shall be the sole judge in determining whether an employee is qualified. Should an employee be disqualified, he shall have the right to return to his previous job family and classification.

Section 9, Seniority Privileges for the Business Manager. As long as there is work available which the Business Manager is capable of performing, he shall hold seniority over all employees in his respective occupational classifications. This section shall apply only in case of layoffs.

(a) In the event the Business Manager is not employed by the Company, Seniority privileges outlined in Section 9 above shall apply to the Chief Steward.

Section 10, Seniority List. The Company will maintain on file a listing of seniority for all employees covered by this Agreement. This list will be revised semi-annually and a copy provided to the Union.

ARTICLE 8

ABSENCES

Section 1, Reporting Requirements. The following reporting procedures shall be used in the event an employee is absent:

(a) An employee who is absent on a regularly scheduled day shift shall notify their immediate lead/supervisor not later than one (1) hour after his scheduled start time on the first (1 st ) day of absence at the company designated call in number, unless circumstances beyond the control of the employee prevent such notification.

An employee who is absent on a regularly scheduled shift commencing between the hours of 3:00 p.m. and 5:59 a.m. or an assignment requiring operational support shall notify the Duty Officer at (805) 315-5336 not later than two (2) hours before his scheduled start time on his first (1 st ) day of absence.

1. State the reason for his absence and his anticipated date of return to work.

2. In the event the employee is unable to return to work on the anticipated date, he shall provide notification as stipulated in (a) and (b) above.

3. Except for extenuating circumstances, failure to follow the above procedure will result in non-payment of the employee for the day(s) of illness claimed, and may result in disciplinary action.

(b) Employees who are absent over two (2) consecutive days without notification and approval of the Company may be terminated unless extenuating circumstances warrant a waiver of this provision. Any waiver is at the sole discretion of the

Company.

Section 2, Leaves of Absence.

(a) Unpaid leaves of absence for personal reasons will be granted at the Company’s discretion.

(b) An approved copy of the formal leave of absence will be furnished to the employee. A leave of absence may be extended upon the approval of the management of the particular work location.

(c) It is understood that an employee returning from a leave of absence, may at the

Company’s discretion, be required to take a physical examination at the Company’s expense before being eligible to return to work. When the employee returns to work following a leave of absence, he will be re-employed at his seniority location in the position held immediately preceding the leave with appropriate seniority rights, provided such position or a position generally similar is available and the employee can perform the duties.

(d) Failure to report at the expiration date of an authorized leave of absence will result in termination of employment unless the Company extends the employee’s leave of absence.

(e) No employee shall be permitted to work for another employer while on any leave of absence unless approved by the Company. Such employment by another employer, except for union business, will be grounds for termination.

(f) Employees must use all accrued sick leave and vacation leave prior to the start of any leave of absence without pay.

Section 3, Military Duty. Any employee ordered to military duty shall be granted a leave of absence, without pay, for such period of time as he may be required for such duty. Upon his return from such service, if he is eligible for re-employment under the terms of the universal

Military Training and Selective Service Act, he shall be credited for all purposes, for all time spent in such military service. If such leave is for a period exceeding two (2) months, his current vacation shall be prorated, with credit for any portion of the current vacation year during which he was on the employer’s active payroll. For all other purposes under this Agreement, his period of service with the Armed Forces shall be included in determining his seniority as required by law.

Section 4, Military Training. Any employee who is a member of a military reserve component and has mandatory training obligation shall be granted a maximum of fifteen (15) calendar days leave each calendar year when ordered to short tours of active duty for such purposes. In such event, the employer will pay to such employee the difference, if any, between his military pay and base pay, which he would have received if he had continued within the service of the employer for such period not to exceed fifteen (15) days.

Section 5, Educational Leave of Absence. Employees who have completed six (6) months of satisfactory service may be eligible for an educational leave of absence without pay, not to exceed one (1) year, to permit the employee to further his education. Such education must be of definite value to the employee in connection with his job assignments within the Company.

Section 6, Union Leave of Absence.

(a) For the conduct of Union business only and upon written request of the Union, any employee holding office in the Local Union shall be granted a leave of absence without pay for a period not to exceed six (6) months. Any such leave may be extended for an additional six (6) months by mutual agreement. In computing such employee’s seniority for total service credit, such leaves of absence shall be credited as time worked.

(b) Any employee selected for a position with the Union which takes him away from his work with the Company for a period greater than six (6) months shall, upon written request from the Union, receive a leave of absence for the period of his services with the union, but in no event in excess of an additional forty-eight (48) months.