DRAFT Atch 4 CBA ASRC IAMAW.pdf

AGREEMENT

BETWEEN

ASRC

FEDERAL FIELD SERVICES

and

INTERNATIONAL ASSOCIATION OF MACHINISTS

AND AEROSPACE WORKERS

DISTRICT LODGE 166

LOCAL LODGE 2061

AVON PARK AIR FORCE RANGE

September 30, 2020 through September 30, 2023

TABLE OF CONTENTS

PREAMBLE

ARTICLE 1 RECOGNITION

ARTICLE 2 NON-DISCRIMINATION

ARTICLE 3 MANAGEMENT RIGHTS

ARTICLE 4 UNION SECURITY

ARTICLE 5 ASSIGNMENT OF SHOP STEWARDS

ARTICLE 6 UNION ACCESS TO OPERATIONS

ARTICLE 7 SUBSTANCE ABUSE POLICY

ARTICLE 8 NO-STRIKE/NO LOCKOUT

ARTICLE 9 SECURITY

ARTICLE 10 NEW JOBS

ARTICLE 11 PROMOTIONS

ARTICLE 12 SENIORITY

ARTICLE 13 LAYOFFS, RECALL AND REALIGNMENTS

ARTICLE 14 DISCIPLINE

ARTICLE 15 GRIEVANCE PROCEDURE

ARTICLE 16 WORKPLACE VIOLENCE

ARTICLE 17 WORKPLACE SAFETY AND EQUIPMENT

ARTICLE 18 CLASSIFICATION OF EMPLOYEES

ARTICLE 19 BARGAINING UNIT WORK

ARTICLE 20 401(k)

ARTICLE 21 HEALTH AND WELFARE

ARTICLE 22 HOURS OF WORK

ARTICLE 23 WAGES

ARTICLE 24 HAZARD PAY

ARTICLE 25 OVERTIME

ARTICLE 26 PAID TIME OFF (PTO)

ARTICLE 27 HOLIDAYS

ARTICLE 28 LEAVE OF ABSENCE

ARTICLE 29 BEREAVEMENT

ARTICLE 30 MISCELLANEOUS PROVISIONS

ARTICLE 31 SUCCESSORSHIP

ARTICLE 32 SEVERABILITY

ARTICLE 33 BARGAINING ON EXCLUDED MATTERS

ARTICLE 34 DURATION AND RENEWAL OF AGREEMENT

This Agreement is made this 11th day of May 2020 by and between ASRC Federal Field Services, LLC, (hereinafter referred to as the Company or Employer) and the International Association of

Machinists and Aerospace Workers District Lodge 166, Local Lodge 2061, AFL-CIO, (hereinafter referred to as “the Union”).

PREAMBLE

The Parties have entered into this Agreement for the purpose of setting forth in writing the understandings they have reached with respect to wages, benefits, and working conditions of the employees covered hereby, as well as to the rights of the Company and the Union, and to provide a peaceful means for the settlement of all disputes which may arise with respect to the interpretation or application of their understandings and agreements as set forth herein.

Neither party shall be required to reopen this Agreement during its term. This agreement can be changed or modified only by a document in writing, signed on behalf of both parties hereto by their duly authorized representatives; provided, however, that written agreements regarding matters or understandings may be made between the Company and the Union and will be binding upon the employee or employees concerned, the Company and the Union.

ARTICLE 1

RECOGNITION

The Company hereby recognizes the Union as the sole and exclusive bargaining representative for all full time and regular part-time employees of the BOS contract at Avon Park Air Force Range as certified by the National Labor Relations Board in Case Number 12-RC-191338, as follows:

Included: All full-time and regular part-time electricians, electrician/power control techs, environmental techs, fuel supply techs/vehicle mechanic helpers, general clerks III/fuel supply techs, general maintenance employees, general maintenance employees/pest control employees, general mechanics/welders, HVAC techs, heavy equipment operators, janitors, motor vehicle mechanics, PC support techs, production control clerks, system analysts, telecom specialists/mechanic II, and tractor operators, employed by the employer at the Avon Park Air

Force Range, Avon Park, Florida.

Excluded: All other employees, temporary employees, seasonal employees, clerical employees, administrative assistants, civil engineer technicians, guards, managers and supervisors, as defined in the Act.

ARTICLE 2

NON-DISCRIMINATION

The Company and the Union recognize their obligation to abide by those state and federal laws relating to equal employment opportunity and nondiscrimination. It is understood that wherever in this Agreement employees or jobs arc referred to in the male or female gender; it shall be recognized as referring to both male and female employees.

ARTICLE 3

MANAGEMENT RIGHTS

The Company and Union recognize that the Company and its employees are engaged in a highly competitive industry and the Company must be able to quickly respond to or anticipate technical, market, personnel changes, needs, or developments. Accordingly, the Company and Union agree that the right of the Company to operate its business or discontinue operations of all or part of its business is vested solely and exclusively in the Company and is unlimited, except as expressly and specifically provided in this Agreement. Management of the operations and work force covered by this Agreement are vested exclusively in the Company and, except as limited by specific, express provisions of this Agreement, the Company shall have all sole and exclusive rights including but not limited to the right to require safe, efficient, and quality work by all employees and the Union's commitment to the same; the right to schedule, retain, utilize, hire, promote, suspend, replace, discipline, evaluate, test, train, inspect, direct, demote, transfer, compensate, reward, assign, re-assign, suspend, discipline, layoff, discontinue, or discharge employees, part-time employees, temporary employees, or contractors; the right to establish, enforce, revise, and evaluate qualifications of personnel, including the right to administer testing as needed to determine employees’ qualifications; the right to schedule and assign tasks, personnel operations, shifts, and the timing and location work; the right to plan, schedule, control, discontinue, assign, or re-assign work, and require overtime work; the right to modify, shift, change, expand, or discontinue all or part of the operations; the right to change or eliminate existing jobs or create new jobs; the right to contract or sub-contract any and all types of services or operations; and the right to establish and enforce rules, except as expressly and specifically provided in this

Agreement; the right to establish, revise or eliminate rules pertaining to the operation and safety of the services or operations and permissible conduct of employees. The Company shall have the sole right to select supplies, suppliers, contractors, and materials and to decide all work processes, operations or services. The Company also retains the right to close, end, continue, or discontinue, all, or a portion of, the services or operations covered by this agreement.

All of the above-mentioned management rights are not to be interpreted as being all-inclusive, but merely indicate the types of rights which are reserved to management.

The Company may, at its discretion, require employees to sign and adhere to all agreements that are provided to Company employees not covered by this Agreement. Notwithstanding the foregoing, any provision of such agreement(s) shall not be enforced if they are inconsistent with the terms of this Agreement (e.g., employment at-will). However, the balance of such agreement(s) shall remain in full force and effect.

The Company agrees to provide the Union and the employees with ten (10) calendar days’ notice before implementing new policies or changes to existing policies.

The listing of specific rights in this Article is not intended as a restriction upon, or a waiver of, any of the other usual and customary rights of management expressly listed herein, whether or not such rights have been claimed, asserted, or exercised by the Company in the past.

Failure by the Company during the term of this Agreement to exercise any right, power, function, or authority hereby reserved to it, or the exercise of a right in a particular or limited way, shall not be deemed a waiver of the Company's rights as set forth herein, nor preclude the Company from exercising such rights in some other way which is not in conflict with the express written provisions of this Agreement.

ARTICLE 4

UNION SECURITY

Section 1. Agency Shop: As a condition of employment, all present bargaining unit employees shall become members of the Union or pay an agency fee to the Union equal to the amount of monthly dues (but not both) within thirty (30) calendar days of execution of this Agreement and all new employees shall become and remain members of the Union or pay an agency fee no later than ninety (90) calendar days of their date of hire or transfer. The Company will within thirty (30) working days after receipt of notice from the Union, discharge any Bargaining Unit employee who is not in good standing with the Union or paying any applicable agency service fees, initiation fees and reinstatement fees. Any employee so discharged shall be deemed discharged for “just cause.”

“Good Standing” is defined as in compliance with standards permitted by NLRB and court decisions relating to Union agency shop requirements. The Company and the Union shall not discriminate against any employee by reason of his membership or non- membership in the Union.

Section 2. Check-off: Upon receipt of a signed authorization of the employee involved, the

Company will deduct from the employee's pay the initiation fee, if any, and dues payable by the employee to the Union during the period provided for in said authorization.

Deductions will be made on account of dues and/or fees, if appropriate, from each paycheck in each month of the employee after receipt of the authorization. Employees working less than 15

Days per month may pay dues directly to the Union.

The parties agree that check-off authorizations shall be on a form approved by the Union.

Section 3. The sums deducted as stated above will be forwarded to the designated financial officer of the Union no later than the fifteenth (15th) day of the month following the month in which deductions are made.

Section 4. The Union will indemnify and hold the Company harmless from and against all claims, demands, charges, complaints or suits instituted against the Company, or other forms of liabilities, as well as the reimbursement of attorneys’ fees and costs, which are based on or arise out of any action taken by the Company in accordance with or arising out of the foregoing provisions of this

Article, or in reliance on any list, notice or assessment furnished under any of such provisions.

ARTICLE 5

ASSIGNMENT OF SHOP STEWARDS

Section 1. The Company recognizes the necessity for the Union to designate two (2) Shop

Stewards from this bargaining unit. One Steward will be the regular steward; a second steward will serve in the regular steward’s absence. The Stewards shall be appointed by the Union and the

Company shall be notified in writing of all such appointments.

Section 2. It is agreed upon and understood that the Steward is to continue to be productive, contributing and working employee of the Company subject to all the normal and usual rules and regulations of any other employee. To the extent possible, the Steward will perform his/her duties before or after his shift. To the extent necessary to perform these duties during the Steward’s regular shift, the Steward will be permitted to do so, but only after he has obtained permission from his on-site supervisor and the Company’s program manager. Said request and permission, if granted, shall be communicated by email. In such case, the Steward shall minimize the amount of time taken during his shift. The Steward, who shall not be paid by the Company for the work time missed, shall record all time expended performing their Steward duties. Upon completion of such business, the Steward shall immediately report back to work and will advise his on-site supervisor and the Company program manager by email.

Section 3. It is mutually understood that the Steward selected must be able to conduct himself in a professional manner and maintain channels of communication.

Section 4. To the greatest extent possible, the Company will not transfer or reassign a Steward away from his usual workplace if such transfer or reassignment will prevent access of the employees to the Steward.

Section 5. The Steward shall not solicit grievances.

ARTICLE 6

UNION ACCESS TO OPERATIONS

Section 1. The Company agrees that the Grand Lodge Representative and or Business

Representative will be allowed to visit employees while employees are on their meal or rest breaks for the sole purpose of investigating grievances or complaints related to the provisions of this

Agreement or insuring the terms and conditions of this Agreement are being complied with. Prior approval will be obtained from the Project Manager or their designee and such visits shall not interfere with production of work being performed. Such approval will not be unreasonably withheld. The Representative shall notify the Project Manager or their designee when they are arriving and leaving the Company’s operations.

Section 2. The Company, if it desires, may have a Company Representative accompany the Union

Representative while they are visiting its operations recognizing that the Union Representative is entitled to private conferences with any represented employee.

ARTICLE 7

SUBSTANCE ABUSE POLICY

Section 1. The Company and the Union are committed to providing employees with a drug- free and alcohol-free workplace. It is our goal to protect the health and safety of employees and to promote a productive workplace, and to protect the reputation of the Company, Union and employees.

Section 2. The unauthorized use, or being under the influence, sale, transfer, or possession of alcohol, drugs, controlled substances and/or "mood altering" substances, (except the possession or use of prescribed medication, verifiable by a current, properly issued prescription) during work hours (including meals and rest periods), on Company premises, in Company vehicles, or in personal vehicles, while conducting Company business is prohibited.

Section 3. Employees may be scheduled for random alcohol and drug testing as directed or required by the Company or the Government. Employees will also be tested for alcohol and drug use upon reasonable probable cause and work related accidents or injuries.

Section 4. The Company and the Union agree that any violation of this Article will result in the immediate termination of the employee. The Company and the Union also agree that possession, usage or being under the influence of alcohol on Company premises or in a Company Vehicle will result in the immediate termination of the employee.

Section 5. Pre-employment drug testing is a condition of employment.

The Company’s Drug and Alcohol Policy is incorporated by reference in this Agreement.

ARTICLE 8

NO STRIKE/NO LOCKOUT

During the period of this Agreement, there shall be no strikes, sympathy strikes, stoppages, boycotts, slowdowns, picketing, reduction in work standards, or other interferences with the operation of the Company and/or its customers (all of which are hereinafter referred to as

“strikes”).

Section 1. No officer or representative of the Union shall authorize, instigate, aid or condone any strikes, and no employee shall participate in any strike.

Section 2. The Company shall be under no obligation to bargain with the Union concerning employees who are on strike or concerning the subject of any strike so long as the strike continues.

Section 3. The Company may, in its sole discretion, discipline or discharge any employees who engage in a strike, and such action shall not be subject to review upon any ground other than the employee did not take part in the strike.

Section 4. Should any employee in the bargaining unit engage in any of the listed activities, the

Company and the Union agree this shall be sufficient cause for immediate termination and without notice, forfeiture of all benefits, vacation, seniority, and any and all conditions and allowances that may be due him, excluding wages or other items covered by law.

Section 5. In the event that any employee or group of employees in the bargaining unit engage in any activities herein prohibited, the Union agrees that, upon being notified by the Company, it will take immediate action and direct such employee or group of employees to cease such activity and resume such work immediately. The resumption of work shall not preclude the Company from exercising its right to discipline or discharge said employee(s).

Section 6. There shall be no lockouts during the term of this Agreement. A lockout as mentioned herein shall not include the closing down of the operation or any part thereof or curtailing any operations for business reasons.

ARTICLE 9

SECURITY

Section 1. The Union recognizes that the Company may now have, or may incur in the future, obligations with respect to the security of information and materials under contract with the

Government.

Section 2. The Union agrees that nothing contained in this Agreement shall place the Company in violation of security agreements with the Government.

Section 3. It is understood by and between the parties hereto that, as a necessary condition of continued employment, employees may be subject to investigation for security clearance or national agency check and/or unescorted entry authorization under regulations prescribed by the

Department of Defense, or any other agencies of the United States Government on governmental work, and that denial or withdrawal of such clearance and/or unescorted entry authorization by such governmental agency shall be cause for release from the Company due to inability to meet job requirements. All security clearance and background checks will be at the expense of the

Company.

Section 4. The Government may direct the Company to remove certain individuals. It is understood that the Company may terminate any employee if directed to do so by the Government under the provisions of its contract or if the Government denies the employee access to any of the work sites. The Company agrees to intercede on the employee's behalf if there are extenuating circumstances which, in the opinion of the Company, tend to make the decision made by the

Government unfair to the employee. In such case, and where feasible in the Company’s judgment, the Company agrees to work with the Union in interceding on the employee’s behalf. The removal of the employee, the Company’s decision whether to intercede on the employee’s behalf, and the

Company’s decision whether to work with the Union in interceding on the employee’s behalf, are not grievable or arbitrable matters.

Section 5. In the event an employee's security clearance is found by appeal to have been incorrectly revoked, the Company shall reinstate the seniority of the employee and reinstate them to their previously held occupational title.

Section 6. To the extent possible, upon the employee’s request, the Company will share the security clearance information with said employee.

ARTICLE 10

NEW JOBS

Section 1. When new jobs are required that cannot, in the Company’s sole discretion, be properly encompassed within an existing job classification, the Company will notify the Union in writing of the requirements. The Union will have thirty (30) calendar days from the date of receipt of notice in which to request collective bargaining regarding the rate of pay and benefits. If necessary, this matter is subject to the grievance procedure up to and including arbitration. The job classification and wage rate established and implemented by the Company will remain in effect unless ruled unreasonable by the Arbitrator.

Section 2. When a new job is required, all bargaining unit employees, inclusive of laid- off employees, will be notified and given the opportunity to apply for the position before new hiring consideration. The Company shall have sole discretion to determine whether bargaining unit employees are qualified for the position. The Company’s decision shall not be subject to the Grievance and Arbitration provisions of this Agreement.

ARTICLE 11

PROMOTIONS

Section 1. The Company will upgrade qualified employees to any open bargaining unit position(s) from within the bargaining unit. If two (2) or more employees are eligible and express an interest, and the employees’ qualifications are substantially equivalent, in the Company’s sole discretion, seniority will be the determining factor. If no employee within the bargaining unit expresses interest in the position, the Company may use other means to fill such vacancies.

Section 2. The Company will notify all bargaining unit employees of any openings to be filled by posting such openings on Company bulletin boards at least seven (7) calendar days prior to filling such vacancies. The posting will contain the position(s) open and the method that employees may apply for such openings. The Company will notify all employees not present when openings occur, due to vacation, leave of absence, or approved leave, in order for those employees not to be bypassed for promotion consideration.

Section 3. Upgraded employees will be considered on probation in the new position for thirty

(30) calendar days after upgrading. During this period, the Company may, at its discretion, reclassify the employee(s) to their former occupations if it is determined by the Company that the employee(s) are not meeting the minimum qualifications for that job classification.

Section 4. The Company may temporarily upgrade an employee to a higher paid classification.

The employee shall receive the pay rate for the classification of work that they are performing.

Promotion and Seniority rules apply to all promotions to a higher paid classification. Temporary

Promotions shall not be used to circumvent promotion to any regularly permanent position and shall not be used more than thirty (30) calendar days.

ARTICLE 12

SENIORITY

Section 1. Probationary Period: New employees shall be on probation for ninety (90) calendar days from the initial hire date, excluding time lost for sickness and any other absence, during which time they may be discharged at the sole discretion of the Company. The discharge of probationary employees shall not be subject to the Grievance and Arbitration provisions of this Agreement. If retained after the probationary period, their names shall be placed on the Seniority List as of their date of hire.

Section 2. Definitions: Seniority is defined as including the whole span of service with the present contractor, or successor, and with predecessor contractors, in the performance of the BOS contract.

Seniority will not be broken for:

1. Periods of approved absence with leave

2. Periods of layoff due to lack of work

3. Periods of absence due to worker’s compensation injury or illness for the duration of the injury or illness.

When two or more employees are hired on the same day, the last four digits of their Social Security number shall then be used for purposes of lay off, recall and promotion, i.e., if two employees have the same seniority date, the employee that has the lowest number shall be considered to be the most senior of the employees hired on the same day.

Section 3. Seniority List: A seniority list for the employees at each location will be maintained by the Company and will be made available to the Union upon request. The Company shall also furnish a list to the Union reflecting new hires or rehires, their classification, their date of hire, and termination or layoff dates. Employees transferring from other sites within the company retain their original seniority date for benefit and vacation purposes only.

Section 4. Personnel Actions: Seniority will not be used as a factor in personnel actions, provided, however, that seniority will be considered by the Company in making layoff, recall and promotion decisions depending upon the requirements of the Company’s government contract, and if, in the sole discretion of the Company, qualifications, skills, and abilities are equal.

Section 5. Employee Transfers: An employee who has established seniority rights within the bargaining unit and who is transferred to a position not covered by this Agreement shall retain seniority rights for a period of ninety (90) calendar days. After which time their seniority shall be frozen and if returned to the unit they shall have their previous seniority reinstated.

ARTICLE 13

LAYOFFS, RECALL AND REALIGNMENTS

Section 1. Layoff Notice: When it becomes necessary to reduce the number of employees at the work site, employees will be laid off subject to Article 12. The Company will notify the Union and affected employees of any potential layoffs as soon as reasonably practical.

Section 2. Recall: The Company shall recall employees consistent with Article 12. If attempts to contact the employee via telephone, in the presence of a Union Steward, are unsuccessful the

Company will send recall notices by certified mail to the employee’s last known official address.

The notice will instruct laid off employees when to report to work. If the employee does not report to work within ten (10) working days, the employee will be deemed to have abandoned their job and will be removed from the Seniority List. The Company agrees that it may, in its sole discretion, allow a later return to work date for extenuating circumstances.

Section 3. Realignment: If an employee is realigned or bumped, he will receive the rate or the higher rate of pay for the new position.

ARTICLE 14

DISCIPLINE

Section 1. The Company will only initiate disciplinary action for just cause. The Company’s

Workplace Conduct/Discipline policy is incorporated by reference.

Section 2. In cases involving serious misconduct, the supervisor may suspend the employee immediately and, if appropriate, recommend termination of the employee. An investigation of the incidents leading up to the suspension will be conducted to determine what further action, if any, should be taken. Employees whose suspension from work is upheld will not receive or accrue any employee benefits, including but not limited to holiday pay or leave accrual, during the suspension.

Section 3. Employees will have the right to request Union representation during any interview that may be disciplinary in nature or lead to any discipline. Upon the employee’s request, the

Steward will be notified and be given the opportunity to attend such interviews. The Steward will be compensated by the Company for attendance at the interview.

ARTICLE 15

GRIEVANCE PROCEDURE

Section 1. The word “grievance” as used in this Agreement means a complaint filed by an employee and/or the Union against the Company alleging failure of the Company to comply with any provisions of this Agreement not excluded from this Grievance Procedure. Employees are encouraged to present any concerns to their supervisor before initiating the grievance procedure.

Section 2. A grievance, to be recognized, must be brought to the Company’s attention within ten

(10) working days of its occurrence.

Section 3. If the Company fails to answer within the time limits set forth in the Agreement, the grievance shall automatically proceed to the next step.

Section 4. Procedure: Grievance shall be handled in the following sequence and manner:

1. At Step 1, the employee or employees and Shop Steward shall take the matter up with the Project Manager within ten (10) working days of knowledge of infraction, and the grievance shall be presented in writing specifying, where possible, the Article and Paragraph of the Agreement claimed to have been violated. Said grievance will be signed by the affected employee or employees, if applicable, as well as the Shop Steward. If the matter is not satisfactorily resolved within said five (5) calendar days after the grievance was submitted, in writing, to the

Project Manager, the grievance may be processed at step 2.

2. At Step 2, the Union’s Business Representative shall, within ten (10) working days of the completion of Step 1, take the matter up with the Project Manager. The Business

Representative shall present the grievance in writing at Step 2. If the matter is not satisfactorily resolved within five (5) working days after having taken the matter up with the Project Manager at Step 2, the grievance may be processed to Step 3 in accordance with provisions hereinafter set forth.

3. At Step 3, the Union’s Business Representative shall, within ten (10) working days of the completion of Step 2, take the matter up with the Company’s Vice President of Labor

Relations. The Business Representative shall present the grievance in writing at Step 3. If the matter is not satisfactorily resolved within ten (10) working days after having taken up the matter with the Vice President of Labor Relations at Step 3, the grievance may be processed to Arbitration in accordance with provisions hereinafter set forth.

Section 5. Discharge Cases: The Company reserves the right to discipline or discharge employees in accordance with the Company’s Workplace Conduct/Discipline policy. Should the Union dispute the Company’s discharge decision as not being for just cause, then such dispute may be processed as a grievance starting at Step 3 of the Grievance Procedure.

Section 6. Arbitration: If within ten (10) working days from and after the day that the Company’s answer to Step 3 was given to the Union, the grievance is not satisfactorily resolved, the Union shall have the right to appeal the grievance to arbitration. Either party may extend the filing period by five (5) working days by notifying the other party in writing. The arbitrator shall be selected from a panel of seven (7) submitted to the parties from the American Arbitration Association. Both parties agree that a request for arbitration must be submitted to the Company within the proper time frame from the receipt of the Company’s answer to Step 3 or the right to arbitrate that grievance is forfeited.

Section 7. Cost of Arbitration: All fees and expenses of the Arbitrator shall be borne by the losing party, except where one of the parties to the Agreement requests a postponement of a previously scheduled arbitration hearing which results in a postponement charge. The postponing party shall pay such charge unless such postponement results in or from settlement of the grievance, in which case the postponement charge shall be borne equally by the parties. A postponement charge resulting from a joint postponement request shall be borne equally by the parties. Each party shall pay any and all expenses for their own representatives and witnesses.

Section 8. Arbitrator’s Authority: The Arbitrator shall have the authority to determine the procedural rules of arbitration and shall have the authority to make such binding awards as are necessary to enable him to act effectively, subject to the following:

The decision of the Arbitrator shall be binding upon the Company, the Union, and the aggrieved employee or employees. The Arbitrator shall have no power to add to or subtract from or modify any of the terms of this Agreement or modifications thereto or any Agreements made supplementary hereto or to substitute his discretion in cases where the Company is given discretion by this Agreement or any modifications as provided herein. Any backpay award shall be reduced by any sums received as unemployment compensation, from interim employment, and/or by such amount as the arbitrator deems reasonable if he/she finds that the employee failed to mitigate damages.

ARTICLE 16

WORKPLACE VIOLENCE

The Company and the Union are committed to maintaining and fostering a work environment that is safe and free as possible from acts or threats of violence or intimidation. Any employee aware of actual or threatened violence shall report it immediately to their supervisor, any manager, or the

Human Resources Department.

ARTICLE 17

WORKPLACE SAFETY AND EQUIPMENT

The Company is committed to maintaining a safe working environment. Any employee aware of any actual or potential safety hazards shall immediately report such information to their supervisor, any manager, or the Human Resources Department. Safety equipment, as may be required by the

Company’s contract with the United States Air Force, or by management in recognition of applicable national standards, will be paid for by the Company and, whenever possible, provided by Company selected pre-paid sources. Such safety equipment may include, but need not be limited to, safety shoes and safety glasses. Any such equipment will be replaced on an “as needed” basis, subject to management approval.

Employees designated to wear safety equipment shall wear such equipment at all appropriate times while on duty.

Employer may, at its discretion, require employees to go to Employer’s doctor for fitness for duty examinations; however, if the employee is required to be examined by the Employer’s doctor, the

Employer shall be responsible for the doctor’s expense.

ARTICLE 18

CLASSIFICATION OF EMPLOYEES

Full-time – A full-time employee shall be an employee who is regularly scheduled to work forty

(40) hours per week.

Part-time – A part-time employee shall be an employee who is regularly scheduled to work less than forty (40) hours per week. Part-time employees shall receive benefits on a pro rata basis.

However, to the extent that the Affordable Care Act remains in effect and mandates that the

Company provide coverage to employees who work a certain number of hours, the Company shall provide said coverage to the employees who satisfy the minimum requirements.

Temporary/Seasonal – The Company may, in its sole discretion, utilize temporary and seasonal employees. Temporary and seasonal employees are not covered by this Agreement and are not eligible to utilize the grievance and arbitration provisions of this Agreement.

ARTICLE 19

BARGAINING UNIT WORK

Supervisors and other employees excluded from the bargaining unit may perform work normally performed by bargaining unit employees under the following conditions:

1. In the event of emergencies;

2. Where bargaining unit employees are absent or otherwise unavailable;

3. When necessary for training and/or instructing employees;

4. In circumstances which are required to ensure the quality of performance and/or the satisfaction of the Company’s obligation and responsibilities as a contractor to the federal government;

5. When technical expertise and/or skills are not available within the workforce to execute a particular task or series of tasks, and time/performance constraints do not permit the Employer to seek out such skills or expertise.

ARTICLE 20

401(k)

The Company will continue to provide a 401(k) plan and match four percent (4%) of employee contributions.

ARTICLE 21

HEALTH AND WELFARE

Employees shall be offered the opportunity to participate in the applicable Company sponsored health and welfare program. The Company will contribute toward the health and welfare program for all hours paid up to a maximum of forty (40) hours per week as set forth below. The Company reserves the right to pass through improvements, modifications, changes, or employee premiums to these plans at any time. To the extent that the cost of the health insurance exceeds the aforementioned contribution rates, the employee(s) shall pay the excess, but not to exceed the contribution rates permitted by the Affordable Care Act, if that Act remains in effect. Employees who decline the health and welfare benefits will receive cash in lieu of these contributions.

The Company reserves the right to make changes to the health and welfare program and benefits thereunder.

Current: $4.80

Effective: October 1, 2020: $4.90

Effective: October 1, 2021: $5.05

Effective: October 1, 2022: $5.20

ARTICLE 22

HOURS OF WORK

Section 1. The workweek will generally consist of five (5) eight (8) hour days. Employees may be scheduled less than forty (40) hours per workweek. Workweek will be from 12:01 a.m.

Monday through midnight the following Sunday.

A. A daily schedule may begin on one calendar day and end on another.

B. Determination of starting time and hours of work shall be made by the

Company.

C. The Company agrees to follow its historical practice of providing each employee with two (2) paid rest breaks of fifteen (15) minutes and an unpaid meal break of thirty (30) minutes each day. Absent extenuating circumstances, the first rest break will be taken before the meal break; the second rest break will be taken after the meal break.

D. Schedules will not be altered in order to evade the payment of overtime.

Section 2. The Union agrees that the Company may, in its sole discretion, modify shift times. The

Company shall notify Employees and their Steward of shift changes as soon as reasonably possible.

Section 3. There will be a minimum of ten (10) hours between the end of an employee’s work shift and the start an employee’s next work shift. This policy may be overridden if required to accommodate high priority or time sensitive Range schedules.

ARTICLE 23

WAGES

Section 1.

Start Date 10/1/2020 10/1/2021 10/1/2022

Percent

Increase 2.50% 2.75% 2.75%

CBA Position Current Rate

Production Ctr Clk $20.95 $21.47 $22.06 $22.67

Electrician, Maint $23.13 $23.71 $24.36 $25.03

Environment Technician $20.16 $21.08 * $21.66 $22.26

HVAC Tech $19.59 $20.19 * $20.75 $21.32

Janitor $11.90 $12.20 $12.54 $12.88

Heavy Equipment Mechanic $22.12 $23.91 * $24.57 $25.25

Tractor Operator $14.22 $14.58 $14.98 $15.39

Welder, Combination

Maintenance

$19.51 $20.00 $20.55 $21.12

General Maint Worker $18.15 $18.60 $19.11 $19.64

Computer Systems Analyst II $28.11 $28.81 $29.60 $30.41

Telecommunications Mechanic

II

$25.39 $26.02 $26.74 $27.48

Supply Technician $24.41 $25.02 $25.71 $26.42

Motor Vehicle Mechanic $21.96 $22.51 $23.13 $23.77

Truckdriver Heavy/Tractor-

Trailer

$20.34 $20.85 $21.42 $22.01

Sys Administr Stf $35.57 $36.46 $37.46 $38.49

*(red circle wages)

Section 2. Temporary Closure: If employees lose work due to the Government’s temporary closure of the installation and the Company receives payment from the Government for the hours lost by the employees, the employees shall be paid for the lost hours.

Section 3. Call Back Pay: Should an employee complete his shift and be assigned to return to work after he has left the installation, he will be paid a minimum of two (2) hours of call back time, which shall be paid at the employee’s regular hourly rate.

ARTICLE 24

HAZARD PAY

Section 1. Employees who work with or in close proximity to ordnance, explosives, and incendiary materials and may be entitled to receive hazard pay under the following conditions.

A. Employees are eligible for an eight percent (8%) differential in pay when performing range maintenance work that involves operating heavy equipment in the re-grading and cleaning of bombing and artillery ranges and removal and replacement of targets. Eligibility is further defined to include only the time during which the employee is performing one or more of these activities within one of the two designated High Explosive (HE) Target Areas.

B. Employees are eligible for a four percent (4%) differential in pay when performing range maintenance work that involves operating heavy equipment in the loading, and hauling of ordnance, explosive, and incendiary ordnance material, excluding small arms ammunition. Eligibility is further defined to include only the time during which the employee is performing one or more of these activities within – or in the case of hauling, possibly transiting between – one of the five designated

Impact Areas.

C. The pay differential will be based on the employee’s applicable hourly rate.

Section 2. Range maintenance tasks and timing are determined by the Range Operations Flight of the 598th Range Squadron at Avon Park Air Force Range. Per fiscal year, there are typically two

(2) set periods during which range maintenance is performed, one (1) each summer and winter months. Additionally, the contact includes ninety-six (96) man hours of range maintenance call-out work; should said call-out work include the activities outlined in Section 1 above, that work would qualify for the appropriate hazardous pay differential.

Section 3. Not all employees are entitled to this hazard pay differential and it is within the

Company’s discretion to determine which employees will be assigned to work range maintenance, as is needed to best complete this work.

ARTICLE 25

OVERTIME

Overtime will be paid at time and a half for all hours worked in excess of forty (40) hours in a workweek. If an employee, after 4 p.m. on a Friday, is assigned to work the immediately following weekend (Saturday and/or Sunday), that weekend work will be deemed unscheduled and will be paid at time and a half for the actual hours worked that weekend. The employee will be paid a minimum of two (2) hours for this unscheduled work.

If an employee, before 4pm on a Friday, is assigned to work the immediately following weekend

(Saturday and/or Sunday), that weekend work will be paid at the employee’s regular hourly rate.

However, the employee will be paid at time and a half for all hours worked that week in excess of forty (40) hours.

Hours paid for holidays, jury duty, bereavement leave, and paid time off, shall not be counted as hours worked for purposes of calculating overtime.

There will be no pyramiding of overtime.

ARTICLE 26

PAID TIME OFF (PTO)

Section 1. Length of Service Determination: Length of service for Paid Time Off (PTO) shall be determined by the employee’s length of continuous service with the Company and/or with any number of predecessor contractors from his anniversary date of employment covered by U.S.

Government contract No. FA4814-16-C-0014 or succeeding contracts covering this work.

Section 2. PTO Pay: An employee, in order to receive PTO, must be a current employee on their anniversary date. Employees shall accrue PTO in accordance with the following chart:

Full Years of Continuous Service as of

Anniversary Date

Annual Maximum

1-3 years 3 weeks

3-8 years 4 weeks

9 years or more 5 weeks

An employee may carryover from one collective bargaining year to the next, twice the PTO that she accrues per year. PTO will be paid at the employee’s rate of pay at the time the PTO is taken.

In the event of a change of contractors, the Company will be responsible for the pay out of unused

PTO.

The Company reserves the right to approve or deny PTO requests based on business operations.

PTO may be used in increments of no less than one-half (1/2) hour unless approved by management.

Employees who regularly work less than forty (40) hours per week will accrue PTO on a pro rata basis.

ARTICLE 27

HOLIDAYS

Section 1. The following ten (10) Holidays will be provided with pay:

New Year’s Day

Martin Luther King Jr. Birthday

Presidents Day

Memorial Day

Independence Day

Labor Day

Columbus Day

Veterans Day

Thanksgiving

Christmas Day

Section 2. Any holiday falling on a Saturday or Sunday will be observed on the day set by the federal government.

Section 3. At the discretion of the Company, employees will be allowed to "float" a holiday to another day in the same calendar year.

Section 4. Holiday pay will be consistent with regularly scheduled hours pay at the employees' straight time base rate, inclusive of all benefits.

ARTICLE 28

LEAVE OF ABSENCE

Section 1. Personal Leave: The Company may at its sole discretion approve a leave of absence without pay up to thirty (30) calendar days for personal reasons. The thirty (30) calendar day limit may be extended by the Company at its sole discretion. Such leave must be requested in writing and approved by the Site Manager. Said request must also state the reason for the unpaid leave.

Employees must request such leave at least five (5) calendar days prior to the date the leave would commence, except in cases of emergency. Employees who are on personal leave for more than thirty (30) calendar days shall be responsible for the payment of all health and welfare premiums.

Section 2. The Company will abide by the provisions outlined under the Family Medical Leave

Act (FMLA) and in accordance with the Company’s applicable FMLA Policy.

Section 3. Failure to return to work from Personal Leave or Family and Medical Leave: Failure to return from to work on the first scheduled workday following the expiration date of said leave, without the Company’s prior approval, may, in the Company’s sole discretion, result in the termination of employment.

Section 4. Military Leave: Military Leave will be provided in accordance with the Company’s then existing corporate policy.

Section 5. Jury Duty: Jury Duty will be provided in accordance with the Company’s then existing corporate policy.

Section 6. Union Business: The Union may request that one shop steward receive an unpaid leave, which would not exceed five (5) workdays, to travel for union business or attend official union functions. The request must be made at least fifteen (15) calendar days prior to the commencement of the requested leave. Said request shall be made in writing. While on such leave, the shop steward will not lose any benefits or seniority.

ARTICLE 29

BEREAVEMENT

Employees shall be entitled to bereavement pay in accordance with the Company’s then existing corporate policy.

ARTICLE 30

MISCELLANEOUS PROVISIONS

Section 1. Change of address: Employees are responsible for notifying the Company of their proper mailing address and current cell phone and home telephone numbers. Laid off employees are also responsible for notifying the Company of their proper mailing address and cell and current telephone numbers. The Company shall be entitled to rely upon its records and shall be held harmless for any action that may arise out of said reliance.

Section 2. Bulletin Board: The Company will provide one (l) bulletin board located in the

Company's facility in a mutually agreeable area. The Bulletin board space will be used by the

Union solely for the purpose of conveying official information from the Union to bargaining unit employees.

Section 3. Contributions to Machinists Nonpartisan Political League: Upon receipt by the

Company of a signed voluntary authorization by an employee, on a form approved by the Company and the Union, requesting that there be deductions made from their wages, in a monthly amount designated by the employee, such deductions are to be forwarded to the Union for use by the

Machinists Nonpartisan Political League. Such authorization will remain in effect for the duration of this Agreement, unless earlier canceled, in writing, by the employee. The Union will indemnify the Company in accordance with Article 4, Section 4 (Union Security).

Section 4. Training: Employees are encouraged to recommend suggestions for training that will enable employees to obtain relevant certifications or to enhance their proficiency in their current positions.

Section 5. Change of Contract: The Company will notify the Union promptly if it learns that it has lost its government contract.

ARTICLE 31

SUCCESSORSHIP

The Agreement shall be binding upon the parties hereto, their successors, administrators, executors and assigns until its expiration or until it is changed by agreement of the parties. It is the expressed intent of the parties that the agreement shall remain for its full term. In the event the Company ceases to perform on the contract as identified in Article I, the Company shall be released from all obligations under this Agreement, including any obligation to bargain over the decision to cease operations on the contract, whether or not made by the Company, as well as any effects arising from the discontinuance of performance on this contract.

ARTICLE 32

SEVERABILITY

Section 1. Should any part of this agreement or any provision herein contained be rendered or declared illegal by reason of any existing or subsequently enacted legislation or decree of a court of competent jurisdiction, such remaining portions will remain in full force and effect.

Section 2. The Company and the Union, within thirty (30) calendar days of knowledge of such an occurrence will discuss the impact of such actions. If either party desires to negotiate a new provision regarding the affected portion, then that party may serve notice upon the other, in writing, of its desire to negotiate the provision of the agreement affected by such legislation or court decree.

The parties shall meet within thirty (30) calendar days of the presentation of the written notice to negotiate changes to the agreement. Any mutually agreed upon modifications or changes to this

Agreement brought about by the above negotiations will be in writing and signed by the parties.

ARTICLE 33

BARGAINING ON EXCLUDED MATTERS

Section 1. The Parties acknowledge that, during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining and that the understanding and agreement arrived at by the Parties after the exercise of that right and opportunity are set forth in this Agreement.

Section 2. Therefore, the Company and the Union each, for the life of this Agreement, agree that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this Agreement, or with respect to any subject or matter not specifically referred to or covered in this Agreement even though such subject or matter may not have been within the knowledge or contemplation of either or both parties at the time they negotiated or signed this

Agreement, unless mutually agreed to by both parties.

ARTICLE 34

DURATION AND RENEWAL OF AGREEMENT

Section 1. This Agreement shall become effective the 30th day of September 2020 and shall continue in force until the 30th day of September 2023, and thereafter from year to year, unless terminated or amended as hereinafter provided.

Section 2. If either party to this Agreement should desire to renew, revise, or terminate this agreement, then not less than ninety (90) calendar days nor more than one hundred and twenty

(120) calendar days prior to the 30th day of September, 2023, such party shall give written notice to the other, together with particulars relating thereto, by registered mail. Such notice to the

Company shall be sent to:

Melissa Longuil

Director, Labor Relations

ASRC Federal

1975 Research Parkway, Suite 303

Colorado Springs, CO 80920

Notice to the Union shall be sent to:

Robert Miller

Business Representative

International Association of Machinists and Aerospace Workers

District Lodge…