Draft_W9124R-24-R-0004_RFP_Att0006_CBA YumaMTSS_2021-2024.PDF

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

TRAX INTERNATIONAL CORPORATION

AND

THE INTERNATIONAL ASSOCIATION OF MACHINISTS AND

AEROSPACE WORKERS, AFL/CIO, AND ITS LOCAL

LODGE SC 310

TERM OF AGREEMENT

JUNE 1, 2021 THROUGH MAY 31, 2024

Table of Contents

ARTICLE ONE: PREAMBLE .......................................................................................... I

ARTICLE TWO: SUCCESSORSHIP

ARTICLE THREE: MANAGEMENT RIGHTS

ARTICLE FOUR: NO STRIKE NO LOCKOUT

ARTICLE FIVE: SEVERABILITY

ARTICLE SIX: BULLETIN BOARDS

ARTICLE SEVEN: NON-DISCRIMINATION

ARTICLE EIGHT: RECOGNITION

. ARTICLE NINE: GRIEVANCE AND ARBITRATION

ARTICLE TEN: CROSS UTILIZATION

ARTICLE ELEVEN: CONTRACTING OUT WORK

ARTICLE TWELVE: UNION DUES DEDUCTION

ARTICLE THIRTEEN: VISITATIONS

ARTICLE FOURTEEN: NON-BARGAINING UNIT INDIVIDUALS

ARTICLE FIFTEEN: SENIORITY

ARTICLE SIXTEEN: PROMOTIONS, BIDDINGS, TRANSFERS

ARTICLE SEVENTEEN: HOURS OF WORK AND OVERTIME

ARTICLE EIGHTEEN: TURNAROUND TIME

ARTICLE NINETEEN: ALCOHOL AND DRUG USE

ARTICLE TWENTY: GENERAL

ARTICLE TWENTY-ONE: LEAVES OF ABSENCE

ARTICLE TWENTY-TWO: UNION REPRESENTATION

ARTICLE TWENTY-THREE: EMPLOYEE TYPES

ARTICLE TWENTY-FOUR: DISCIPLINE

ARTICLE TWENTY-FIVE: SAFETY AND HEALTH

ARTICLE TWENTY-SIX: TOOL REIMBURSEMENT

ARTICLE TWENTY-SEVEN: INSURANCE AND OTHER BENEFITS

ARTICLE TWENTY-EIGHT: LABOR-MANAGEMENT MEETINGS…………..27

ARTICLE TWENTY-NINE: DURATION OF AGREEMENT

ARTICLE ONE: PREAMBLE

This Collective Bargaining Agreement (“Agreement” or “CBA”) is made and entered into effective June 1, 2021, by and between TRAX International Corporation and its subcontractors: Advanced Systems Development, Inc., Veteran Enterprise Technology Services, LLC; LUSA Associates, Inc.; Science and Technology Incorporation; Spiral Technology Incorporated; Syndetix Incorporated; Westech International Incorporated; Xator Corporation, (referred to collectively as “TRAX” or the “Company”) on the one hand and the International Association of Machinists and Aerospace Workers, AFL-CIO, Local Lodge SC 310 (the “Union”) on the other hand, covering services required under the Mission Test Support Services Contract No. W9124R-18-C- 0001, together with any extensions (the “Contract'”), and being performed principally at the U.S. Army Yuma Proving Ground, Arizona (“YPG”). Separately, the Company and the Union may be referred to in this Agreement as “Party,” and collectively as the “Parties.”

ARTICLE TWO: SUCCESSORSHIP

This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their successors and assigns, according to applicable law. In the event the Company ceases to perform on the Contract, it shall be released from all obligations under this Agreement on the program(s) so affected.

ARTICLE THREE: MANAGEMENT RIGHTS

The Company shall have full and exclusive rights, subject to the terms of this Agreement, to manage the business and operations associated with performing services under the Contract. Such rights shall include, but not be limited to, the direction of the work force; the right to plan, direct, and control all business operations; the assignment of duties and qualifications of employees for the performance of assigned work; scheduling of all hours of work and other aspects of production and operations; the determination of quality and safety standards; the right to hire, promote, demote, transfer and cross-utilize employees; the right to discipline, suspend, discharge, layoff or relieve employees from duties; the right to change or eliminate existing jobs or create new jobs; and to establish rules of conduct. Any of the rights, powers, functions, or authority not specifically abridged by the Agreement are retained by the Company.

ARTICLE FOUR: NO STRIKE NO LOCKOUT

1.00 The Union and the Company expressly acknowledge and recognize that the business and operations of the Company are directly related to important and vital work of the United States Government, and that efficient and uninterrupted services must be furnished to those agencies that have need of, require or make use of the services provided by the Company under the Contract.

2.00 The Union agrees that it shall not engage in, authorize or recognize any strikes, picketing or other interruption of Company business or operations performed under the Contract during the term of this Agreement.

3.00 The Company agrees that it shall not lock out the employees during the term of this Agreement.

ARTICLE FIVE: SEVERABILITY

1.00 In the event any Article or Section of this Agreement is invalidated by or deemed by a court of competent jurisdiction to be in violation of any federal or state legislation or governmental regulation, all other Articles and Sections shall remain in full force and effect.

2.00 Within thirty (30) calendar days of a determination described in Section 1.00 above, either Party may request a meeting to negotiate new contract language to replace the particular Article(s) or Section(s) so invalidated.

ARTICLE SIX: BULLETIN BOARDS

1.00 The Company will designate space on existing bulletin boards located in government facilities used by TRAX (full-function) in the performance of services provided under the Contract for use by the Union at YPG for the purpose of posting Legitimate Union Notices. This space will be close to the area where the Company is required to post Federal, State, DOL, and NLRA notices to employees or a similarly visible area. Such designations shall be subject to the approval of the Program Manager and consistent with all applicable YPG rules, regulations and procedures. Within 90 days of ratification of this Agreement, the Company will identify the posting locations in writing to the Union.

2.00 Union Notices are defined as:

2.01 Notices of Union meetings pertaining to employees performing services under the

Contract;

2.02 Notices of official Union elections and results;

2.03 Notices of official Union appointments; and

2.04 Official notice of Union recreational and social events.

2.05 Any new MOU agreed during the term of the contract.

2.06 Union provided benefits and employee programs.

ARTICLE SEVEN: NON-DISCRIMINATION

Both the Company and the Union support equal employment opportunity for all applicants and employees in compliance with both state and federal laws. Neither the Company nor the Union shall discriminate against employees or applicants for employment on any prohibited basis, including race, color, gender, sex, pregnancy, age, religion, national origin, genetics, sexual orientation, disability, veteran or military status, or because of legitimate Union activity or membership or non-membership inthe Union.

ARTICLE EIGHT: RECOGNITION

1.00 The Company recognizes the Union as the sole and exclusive collective bargaining representative for all hourly employees (both full-time and regular part-time) employed by the Company at Yuma Proving Ground excluding managers, professional employees, salaried employees, probationary employees, clerical employees employed in the business office, and supervisors and other individuals identified and defined by the National Labor Relations Act, as amended.

2.00 The use of the word “employee” or “employees,” as used in this Agreement refers to all persons covered by this Agreement regardless of gender. Any reference by gender, e.g., he, his, her, hers, applies to either gender.

ARTICLE NINE: GRIEVANCE AND ARBITRATION

1.00 The procedure provided herein for the settlement of grievances shall serve as a means for the settlement of all disputes that may arise out of the interpretation and application of expressed provisions of this Agreement.

2.00 Nothing in this Agreement shall prevent an employee, individually or through his Steward, from discussing any problem with his supervisor, or other Company official, but there shall be no formal grievance until it has been reduced to writing as provided in Step 1 below. The Union agrees that neither the Steward nor other Union officials shall solicit grievances.

3.00 A formal grievance may not be filed unless an attempt is first made to solve the matter verbally.

The Company and Union may, by mutual agreement, waive Step 1 or Step 2 of the grievance procedure and proceed directly to Step 3. It is understood and agreed that any of the steps of the grievance and arbitration procedure may be waived and/or any of the time limits extended by mutual written agreement of the Company and Union.

3.01 STEP 1 - An employee having a grievance shall present such grievance or through his Steward to the Step 1 Supervisor. The Step 1 Supervisor shall be the supervisor assigned to the employee’s section. If no supervisor is assigned to the employee’s section, then the Step 1Supervisor is the Company’s Labor Relations Manager or Group Manager.

A formal grievance must be filed by the Union Steward within eight (8) calendar days after the date of knowledge by the Union Steward of the occurrence giving rise to it;

otherwise, it may not be further processed in the grievance procedure.

Such written grievance shall state the specific issue in question and the Article of the Agreement, if applicable in dispute and the remedy sought. The Step 1 Supervisor and the Steward shall endeavor to arrive at a satisfactory adjustment of the grievance. The Step 1 Supervisor shall render his decision, in writing, within eight (8) calendar days after receipt of the formal written grievance.

3.02 STEP 2 - If the decision of the supervisor or Company’s Union Liaison in Step 1 is not satisfactory, the grievance may then be appealed, in writing, to the Program Manager’s designee. Such appeal is to be filed no later than eight (8) calendar days after receipt of the decision rendered in Step 1 hereof, or the last day on which such decision was due, whichever is sooner, otherwise such decision shall be final and the employee shall have no further recourse under this Agreement. The Program Manager’s designee shall have full authority to settle grievances at this step, and provide a written decision within eight (8) calendar days after receipt of such appeal.

3.03 STEP 3 - If a satisfactory resolution cannot be reached as provided under Step 2 or if an answer has not been received under Step 2 within eight (8) calendar days, the Union Steward may submit the grievance to the Program Manager by mail, facsimile, or e-mail.

3.04 A meeting/telephone conference shall be scheduled by the Program Manager or designee and the Labor Relations Manager to discuss the grievance with the Union Representative and the Steward/Chief Steward within ten (10) calendar days following submission of the grievance by the Steward. The Program Manager shall submit a written answer to the Union Representative within fourteen (14) calendar days after the meeting/telephone conference is held.

3.05 The Company agrees that the written response in each step of the grievance procedure shall be from a different individual, each having the ability to resolve that step of the grievance.

4.00 If no satisfactory adjustment or settlement is reached according to the procedure herein established, such grievance may then be appealed to arbitration. Such appeal to arbitration must be filed by the Union with the Company’s Labor Relations Representative or his designee within twenty (20) calendar days after receipt of the Company’s Step 3 grievance answer. Failure to file such appeal within the stated time shall result in the Company’s Step 3 answer being accepted. The Union's decision to withdraw a grievance, not to process or appeal a grievance to the next step shall not in any way prejudice its position on the issue or issues involved.

4.01 The Parties, within ten (10) calendar days of receipt of the notice of desire to arbitrate, will request the Federal Mediation and Conciliation Service (FMCS) to submit a list of seven (7) arbitrators. Such request to the FMCS shall be originated by the Party requesting arbitration. Within ten (10) calendar days of receipt of the list of arbitrators, the Parties shall select one (1) of the seven (7) as an arbitrator. Failing to mutually agree to an arbitrator, each Party shall alternately strike off a name until one (1) name remains on the list.

4.02 The written decision of the arbitrator shall be final and binding on all Parties. The fees and expenses of the arbitrator shall be shared equally by the Union and the Company.

The Company and the Union shall each pay its own fees, costs and expenses incidental to the arbitration.

4.03 The arbitrator’s power shall be limited to the application and interpretation of this Agreement and he shall have no authority to add to, subtract from, modify or amend in any way, the terms or conditions of this Agreement.

ARTICLE TEN: CROSS UTILIZATION

1.00 The Parties agree a Cross-Utilization Plan is an effective way of utilizing employees and reducing the possibility of layoffs.

2.00 Employee selection for cross-utilization assignments will be determined by Management with consideration of the following factors: essential skills required for task or assignment, efficiency, employee availability, and priority of work. If none of the above factors distinguishes one employee over another, Employer will use volunteers by seniority to determine selection for cross-utilization. If there are not enough volunteers, the Company shall assign employees beginning with the least senior employee. Employees will generally not be cross-utilized in jobs for which they do not meet minimum qualifications. However, employees may be cross-utilized to perform particular tasks in a job for which they do not meet minimum qualifications if they are supervised by an employee who does meet the minimum qualifications for the job at issue and the employee is capable of performing the assigned task(s).

Management will make reasonable efforts to rotate cross-utilization assignments to provide qualified employees the opportunity for cross-utilization experience and available overtime hours.

3.00 In the event an employee is cross utilized in a job for a total of 700 hours during any consecutive five (5)-month period, the Company will either (a) offer the job to the cross utilized employee without posting the job in accordance with Article Sixteen; or (b) post the job in accordance with the requirements set forth in Article Sixteen. Cross utilized employees offered a position under this paragraph must meet the minimum qualification established in the applicable job description. Employees offered a job under this Paragraph will be transferred and assume the position no later than the first day of the following pay period.

4.00 In the event an employee is temporarily assigned to work in a job classification for which the rate of pay is higher than the pay received by the employee in his regular job classification, he shall receive the higher rate of pay for the hours worked in such higher job classification. In the event an employee is assigned to work temporarily in a classification lower than his regular classification, he shall receive his regular rate of pay. Hours worked in a different job classification shall be compensated in one hour increments. The employee must separately track and identify his time worked in the respective classifications and record such time on their timecards. Employees who work in a higher level within their assigned job classification shall be compensated at the higher rate of pay for the entire shift (e.g. Aircraft Maintenance Tech I working as Aircraft Maintenance Tech II.)

5.00 Upon request, the Company will provide information to the Union regarding the area, length of time, and persons selected for all cross-utilization assignments. Such requests shall be made not more frequently than on a quarterly basis.

ARTICLE ELEVEN: CONTRACTING OUT WORK

The Company agrees that during the term of the Agreement it will not subcontract work of the kind and character performed by the Bargaining Unit employees for the sole purpose of laying off Bargaining Unit employees or eroding the Bargaining Unit.

ARTICLE TWELVE: UNION DUES DEDUCTION

1.00 Union Dues/Payroll Deduction. It is agreed between the Company and the Union that any employee in the bargaining unit defined in the Recognition Article of this Agreement, who is or may hereafter become a member of the Union, may authorize the collection of Union dues by signing a payroll deduction form provided to the Company. Deductions shall be made from the employee’s paychecks, on a per pay period basis.

1.01 Collection of any back dues owed at the time of starting deductions for any employee, and collection of dues missed because the employee’s earnings were not sufficient to cover the payment of dues for a particular pay period, will be the responsibility of the Union and will not be the subject of payroll deductions.

1.02 The monthly dues amount shall be collected every two weeks in an amount equal to one-half of the monthly dues. When three pay days fall in the same month, no dues will be deducted on the third pay day. Deduction of membership dues shall be made in a flat sum, provided there is a balance in the paycheck sufficient to cover the amount after all other deductions authorized by the employee or required by law have been satisfied. In the event of termination of employment, the obligation of the Company to collect dues shall not extend beyond the pay period in which the employee’s last day of work occurs.

1.03 Deductions shall be remitted to the Union and submitted to IAM Headquarters, Attn:

Reports Department, 9000 Machinists Place, Upper Marlboro, MD 20772- 2687, no later than the tenth (10th) day of the month following the month in which the deductions were made, and shall include all deductions made in the previous month.

The Company shall furnish the Union, monthly, with a record of those employees of that Company for whom deductions have been made and the amounts of the deductions.

2.00 Indemnity. The Union will indemnify and hold the Company harmless from and against any and all claims, demands, charges, complaints or suits instituted against the Company that 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 12.

ARTICLE THIRTEEN: VISITATIONS

1.00 Officers and/or accredited representatives of the Union shall, upon request by the Union, be admitted to Company-controlled facilities or work areas during working hours. Such representatives shall inform either the Program Manager or applicable Department Manager of the nature of their visit and of their expected departure prior to accessing such Company-controlled facilities or work areas. Approval for such admission to Company-controlled premises will be granted unless operational activities require delay in time or date.

2.00 All such officers or representatives shall comply with required Government security regulations and customer requirements for protecting proprietary interests.

ARTICLE FOURTEEN: NON-BARGAINING UNIT INDIVIDUALS

1.00 Supervisory, professional, or other non-bargaining unit individuals shall not displace bargaining unit members. However, it is understood and agreed that supervisors, professional personnel, and non-bargaining unit individuals may perform the work of bargaining unit employees covered by the Agreement under the following conditions.

1.01 For the purpose of instructing and training employees.

1.02 When an employee fails to report for work and other qualified employees are not available. It is agreed that the Company will make every effort to locate and assign qualified bargaining unit employees to perform the work.

1.03 When required by Safety.

1.04 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.

1.05 In circumstances under emergency conditions which involve work such as the issue of parts or other supplies which are required for immediate mission support or when workloads temporarily require the assistance of non-bargaining unit individuals for timely or satisfactory completion of assigned tasks. Such actions are to be limited to unforeseen or unplanned needs and bargaining unit employees are not immediately available (on site) to perform the work.

1.06 When necessitated by security requirements.

1.07 In circumstances which involve work on systems or components under development or upgrade as determined by the test customer, vendor or original equipment manufacturer.

ARTICLE FIFTEEN: SENIORITY

1.00 Seniority. Seniority is defined as including the complete span of continuous service with the present contractor, or successor, and with predecessor contractors, in the performance of the Service Contract at Yuma Proving Ground AZ.

2.00 Any employee hired into the Bargaining Unit who is not currently an employee of the Company would have their seniority date established as their date of hire on the Service Contract Program at Yuma Proving Ground AZ.

3.00 Application of Seniority. The primary consideration of the Company when determining transfers, and promotions, shall be relevant knowledge, ability, performance and skill.

If none of these factors distinguish one employee over another, the Company will use seniority as the deciding factor. For PTO, layoffs, and recalls, seniority will be the deciding factor.

4.00 Probationary Period. A new employee shall be in a probationary status until they have completed ninety (90) calendar days from the most recent date of hire. Time spent on leaves of absence will not be considered part of this probationary period. During this period, the Company may transfer, layoff, discipline or discharge such employee's at-will and such action shall not be reviewable through the grievance procedure. After ninety (90) days, the employee will be placed on the seniority roster and his seniority date will revert to the original hire date. Seniority order for employees with the same hire dates will be determined by the social security number with the lowest last four digits being the most senior.

5.00 Loss of Seniority. Loss of seniority will result under the following:

a. Resignation or quit;

b. Retirement;

c. Discharge inaccordance with the terms of this Agreement;

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

e. Layoff inexcess of twelve (12) months;

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

g. Transfer or promotion out of the bargaining unit in excess of forty-five (45) calendar days, excluding temporary foreign or domestic assignments associated with this program or military leaves of absence;

h. Absence from work for three (3) consecutive working days with no contact with the Company, unless excused by the Company;

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

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

6.00 Seniority List. The Company will make available a seniority list and agrees to update such seniority list once every six (6) months (twice a year). The list will show each employee’s name, hire date and classification.

7.00 Layoffs-and Recall. In cases of layoff, if there are no volunteers, the employee with the least seniority in the affected job classification and Section shall be laid off first. In the case of recall, the employee with the most seniority shall be the first eligible to exercise recall rights.

7.01 Exceptions to use of seniority for Layoffs:

a. When a more senior employee lacks the necessary knowledge, ability-or skill to support the mission objectives that TRAX is informed and reasonably believes will exist after the Layoff; or

b. When a more senior employee(s) has a suspension or final chance agreement in his personnel file (per Article 24).

7.02 The exception in paragraph 7.01 (a) shall not apply to employees who lacked necessary knowledge, ability or skills to support mission objectives because the Company failed or refused to allow the employee to participate in training or programs required to obtain the necessary knowledge, skills or abilities which training or programs were (1) available and (2) chargeable by the Company to the Government.

7.03 Employees selected for layoff may elect to bump into lower paying classifications in their Section that they are qualified to perform unless the less senior employee currently occupying the lower paying classification possesses greater relevant knowledge, ability, performance or skill. The employee will inform the Company of the employee’s election to bump within one business day following the employee’s receipt of the layoff notice. Employees who are laid off either directly or as a result of being bumped pursuant to this policy will receive two weeks of severance pay upon termination.

7.04 Upon receiving notice of layoff, affected employees will be responsible for notifying the Company of their current address or any address change.

7.05 Recall Rights. Employees will be recalled into the section from which they were laid off pursuant to sections 3.00 and 6.00 (with subparts), above.

ARTICLE SIXTEEN: PROMOTIONS, BIDDINGS, TRANSFERS

1.00 When a vacancy occurs within the Company at YPG, the vacancy shall be posted on the TRAX website for internal applicants for five (5) business days and emailed to all employees at the same time as the posting. The notice will contain: job title, Section, wage rate (when available), scheduled shift/hours, required certifications and qualifications, and deadline for submitting bids. When possible, TRAX shall indicate the company name hiring the position. Internal applicants may apply for any company’s posting on the TRAX website. Employees offered positions with a company other than their current employer will be transferred to the hiring company at the start of the next full, regular pay cycle or within one week, whichever is longer. However, such employee shall receive the pay associated with the new positions beginning on the day they begin working in the new position. The Company will also email the notice to employees on leave, and former employees who have been on the recall list for twelve months or less by sending notice to the last email address provided by the former employee. It is the employee’s responsibility to provide their preferred email for communications.

2.00 The Company may consider an employee’s disciplinary record for transfer and promotion requests (per Article 15, paragraph 3.00). However, employees who have a final chance agreement in their personnel file (per Article Twenty Four) are not eligible for transfer or promotion.

3.00 If only one qualified internal applicant bids for a posted position the Company is not required to complete the interview process before offering the position.

4.00 Bids from internal applicants must be submitted on the TRAX applicant tracking system prior to stated deadlines. Bids received after the closing date may be considered with outside applicants if the job is posted externally.

5.00 Posted jobs must be filled within eight (8) normal work days (Article 17, paragraph 5.00) following the closing date of the posting as long as (1) a qualified internal applicant has applied for the posted job; and (2) TRAX receives final approval from the government to fill the posted job. If TRAX is unable to reasonably complete all interviews of qualified, internal applicants within the eight (8) day period, TRAX shall fill the posted job as soon as reasonably possible and subject to final approval for the position from the Government.

6.00 The employee awarded the bid will be notified and will report for work on the new job as of the effective date stated by the Company. The applicant with the most relevant knowledge, ability, performance and skill will be awarded the job. When two or more applicants possess equally relevant knowledge, ability, performance and skill, seniority will prevail.

7,00 Within forty-five (45) days of a promotion or transfer, a bargaining unit employee may elect to return to the position held immediately prior to said promotion or transfer if the prior position has not been eliminated or filled by an employee who has completed the probationary period described in this Agreement.

ARTICLE SEVENTEEN: HOURS OF WORK AND OVERTIME

1.00 The mission supported is a training and test support facility, and operations outside of normal hours of operation will occur.

2.00 No provision of this Agreement shall be considered as a guarantee of any specified number of hours of work, either per day or per week.

3.00 Ten (10) consecutive hours, exclusive of a meal period of thirty (30) minutes, shall constitute a normal work shift.

4.00 The current work week of Monday running through Sunday will continue in effect.

5.00 The normal work schedule and normal duty hours at YPG are Monday through Thursday, 0600 to 1630 and 0630 to 1700 Local Time. The normal duty day is ten (10) hours, four

(4) days per week, and is subject to change based on mission needs. Alternate work schedules may be established based on mission needs. Employees working their normal 40-hour·work week are required to take a thirty-minute uninterrupted lunch break near the midpoint of the scheduled shift, unless otherwise directed by a supervisor or manager or as mission requirements dictate.

5.01 Employees working an overtime assignment that is more than eight (8) hours will take a thirty-minute uninterrupted lunch break near the midpoint of the scheduled shift unless otherwise directed by a supervisor or manager or as mission requirements dictate. If a lunch break is not taken, the employee must identify the mission requirement or urgency in the comment section of his/her timesheet.

5.02 Employees working an overtime assignment that is greater than (5) or more hours may take a thirty-minute uninterrupted lunch break near the midpoint of the scheduled shift and will note that lunch period on their time card.

6.00 All employees will receive two (2) uninterrupted, paid, fifteen (15) minute breaks per day:

One (1) to be taken during the first half of their work day, and one (1) to be taken during the second half of their work day. During a normal work schedule, breaks should be taken at 0900 and 1400, mission permitting.

6.01 In the event any employee is required to work beyond any ten (10) hour work day, the affected employee will receive an additional paid fifteen (15) minute break prior to commencing additional work.

6.02 Additional breaks may be taken in accordance with the Wet-Bulb Globe Temperature Guidelines which are subject to change at the direction of

YPG.

7.00 Notice for mandatory scheduled overtime will be given as soon as practical after site management determines that overtime work will be required. The Company will distribute overtime as equitably as possible amongst the Company's employees.

8.00 Overtime work within an “overtime group” shall be distributed on an equitable basis and performed by qualified employees assigned to that “overtime group” requiring overtime. An “overtime group” is a grouping of employees by section and classification. Classifications will not be used to target overtime. It is the Company’s policy to limit the number of hours worked by employees to twelve (12) hours in one

(1) day. However, this limitation may be exceeded based on mission and test requirements.

8.01 Overtime will be assigned by inverse overtime credit: employee with low overtime will be asked to work first, next lowest second, etc., until the overtime needs are fulfilled. If overtime credit is equal in the overtime group the selection will be by seniority (most senior to least senior). Section Chiefs are required to report the identity of employees who refuse overtime and amount of overtime refused to the Group Manager on a weekly basis. Anyone refusing to work overtime will be charged with overtime refused. Qualified employees who refuse overtime offered in an overtime group/section for an overtime event (multiple overtime opportunities in the same overtime group/section in the same day), will be charged with the highest amount of overtime worked by any employee in the overtime group/section for the particular overtime event. The maximum number of hours refused that can be charged to an employee for a particular overtime event shall be ten (10) hours. The amount of refused overtime that will be charged in an overtime group will be determined by the Section Chief/Supervisor and communicated to the relevant employee who will then be responsible for entering their own charged overtime in the Deltek system each Monday morning. The Deltek entries will then be checked by the Section Chief and/or the Section Supervisor of the overtime group/section to verify the refused time was entered correctly. Employees who accept the overtime assignment will be charged only the overtime hours actually worked.

8.02 If all employees refuse an overtime assignment, the Section Chiefs may go outside the overtime group to find a volunteer who is qualified to do the work. The volunteer who is chosen to work overtime will be charged with the hours worked in their overtime group. If no volunteer is found, employee(s) with lowest overtime credit in the overtime group will be required to work.

8.03 A list will be kept for each overtime group by the Section Chief. Overtime will be converted to straight time hours and tallied by the Company and provided to the Section Chiefs by close of business on Wednesday of the next week. Section Chiefs are responsible for posting updated overtime reports in work areas for employee information. The list will be displayed with three columns; hours worked, hours declined, and total hours.

8.04 It is agreed that all overtime lists will be re-established at the beginning of each calendar year (1 January) and each employee’s overtime will be listed as “zero” (0).

8.05 Employees entering an overtime group after an overtime list has been established for that overtime group will be credited with the average total overtime (including hours worked and refused) in that overtime group.

An employee on Short-Term Disability or Workers’ Compensation will not be credited the hours worked by the overtime group. The employee will return in the same relationship as when they went on leave.

Employees who are absent for any approved leave (vacation, sick/personal leave or leave without pay) will not be credited the hours worked by the overtime group.

The employee will return in the same relationship as when they went on leave.

8.06 The Company agrees to meet with the Union, if necessary, on a quarterly basis to discuss overtime disparity in excess of 100 hours.

8.07 Deviation from Paragraph “8.01” in regards to “Test continuity” will be subject to the following:

a. “Test continuity” pertains to overtime that is requested as part of a test or mission during an employee’s regularly scheduled work week until such time as personnel overlap for knowledge transfer may occur.

b. Overtime requests confirmed by the Test Officer at least one week in advance will not be considered or qualify as “Test continuity” overtime.

c. “Test continuity” overtime will be offered first to the employee currently performing the task as part of the test or mission. If that individual refuses the overtime, the procedures in Paragraph “8.01” will be used.

8.08 During extended periods of scheduled overtime on particular program(s) that are expected to exceed sixty (60) Calendar days, the Company and Union may agree to the assignment of overtime on a weekly basis to improve employee work predictability.

8.09 Overtime work that is not scheduled but occurs due to unforeseen circumstances when a work crew is off-site (off YPG) is not subject to this overtime assignment procedure. Any work performed under these circumstances will be recorded in the overtime log.

8.10 The overtime rate will be time and one-half (1 ½) the employee’s regular working rate of pay for all hours paid over forty (40) hours in a workweek.

Employees who actually work at least five (5) hours on six consecutive days shall receive double time for all hours actually worked on the seventh consecutive day. Nothing in this Agreement shall be construed to require the payment of overtime on overtime, or compounding of overtime, as a result of computing hours in accordance with this Article. “Hours paid” as used in this Paragraph 8.10 will include hours paid under the five (5) hour guarantee describe in Article 17, Paragraph 10. “Hours paid” does not include bereavement leave or military leave.

9.00 Employees directed by Management to work between 1800 hours and 0600 hours will receive a premium differential of $1.25 per hour.

10.00 An Employee who reports to work as scheduled or requested by TRAX shall receive a minimum of five (5) hours of pay at the employee’s applicable straight time rate of pay (overtime rules will apply).

10.01 An employee who returns to work at the request of management, after completing his regularly assigned shift, clocking out for the day, and leaving the site (and before the beginning of his next scheduled shift) shall receive a minimum of five

(5) hours of pay whether or not the Employee actually works for five (5) hours at the Employee's applicable straight time rate of pay (overtime rules will apply).

10.02 An employee who is called off en route to work by management shall receive a minimum of five (5) hours pay at his applicable straight time rate of pay (overtime rules will apply).

10.03 Employees who report to work and are sent home because they are physically unable to perform their job duties shall be paid only for hours actually worked and shall not be eligible for the minimum of five (5) hours of work with pay described above.

10.04 Employees who are requested by TRAX to report to YPG or another location designated by TRAX for the purpose of having their employment with TRAX terminated shall be paid only for actual time spent at YPG or another designated location during the termination and related out-processing meetings.

10.05 If an employee quits working, without the permission of TRAX, prior to completing the scheduled or required work, then the employee will be paid only for hours actually worked. The employee is required to call his or her Supervisor when the scheduled or required work has been completed when the work totals less than five (5) hours.

ARTICLE EIGHTEEN: TURNAROUND TIME

There shall be a minimum of ten (10) hours between the end of an employee's work shift and the start of the following, regularly scheduled work shift. It is the policy of TRAXand YPG that employees also have a minimum of ten (10) hours between the time the employee stops working on one shift and begins working on the subsequent shift (mandatory turnaround time). This policy may be overridden only if specifically required by the employee's manager. In the event anemployee is required by a Manager to remain at work, such that the employee will not have mandatory turnaround time, the employee is required to contact his Supervisor at the completion of his work to schedule a start time for the subsequent shift which allows for a mandatory turnaround time. In the event the employee is required by his Supervisor or Manager to report to work without a mandatory turnaround time, the employee will be paid at two (2) times his regular straight time rate until the ten (10) hours have elapsed since the employee quit working his preceding shift and time and one-half (1 ½ ) times his regular straight time rate for all remaining hours up to a maximum total of twelve (12) continuous hours worked on the subsequent shift. This is not intended to confuse a work shift and a call-in (article 17 section 10.0).

ARTICLE NINETEEN: ALCOHOL AND DRUG USE

The Company and the Union are committed to maintaining a safe and productive alcohol and drug-free environment for all employees and to strict conformance with all federal and state regulations requiring affirmative actions designed to prevent accidents and injuries resulting from the misuse of alcohol or use of a controlled substance. The Drug and Alcohol Policy in the TRAX employee handbook dated 10/2010 will apply. The Company may conduct drug and alcohol testing consistent with applicable law and past practice, including the Standard Operating Procedures for Random Drug and Alcohol Testing, dated January 21, 2014.

ARTICLE TWENTY: GENERAL

1.00 Tuition Reimbursement. The Tuition Reimbursement program shall continue to be administered consistent with the TRAX Tuition Reimbursement Policy and the Education Assistance Application, except that TRAX will reimburse up to $5000 per calendar year at 100% for employees who receive a letter grade of A or B and 80% for employees who receive a letter grade of C.

2.00 Reimbursement for Credentialing. Any fees associated with the procurement or renewal of any certificates, licenses, or fingerprinting required by the Company shall be fully reimbursed. If authorized by the Company in advance, actual fuel costs incurred by employees for travel to Phoenix, Tucson or San Diego for Hazmat fingerprinting will be reimbursed in an amount not to exceed $125. Reimbursement requests must be accompanied by receipts. Employees will attempt to carpool with co-workers whenever possible. The Company will not reimburse other related costs including, but not limited to, travel time, mileage, hotel stays and per diem or any fees related to retesting necessitated by the inability of the employee to procure or renew any certificate or license as regularly scheduled.

3.00 Shutdowns. A “Shutdown” includes weather related incidents, government or customer shutdowns, government mandated holidays, periods of mourning, technology upgrades or acts of God, necessitating a partial workday(s) or temporary closing of facilities.

3.01 When Shutdowns occur after the schedule has been published and approved by the customer, the Company will pay employees for regularly scheduled hours if the Company is paid by the government or customer for such hours.

If the Company is not paid, the Company will provide proof of non-payment to the Union upon request.

3.02 When the government or customer releases its employees from work due to test related or weather-related occurrences (i.e. flash floods, haboobs, etc.) that directly affect the safety of the Company’s employees, the Company will recommend that all Company bargaining unit employees be released also. The Union understands, however, that such recommendation may or may not be honored by the government or customer. Allemployees who are unable to leave the YPG because of weather-related or similar occurrences will be compensated for all hours in which they are unable to leave.

4.00 Security Clearance. In the event that a government agency revokes, suspends or refuses required security clearances, Identification Badges, Common Access Card, Commercial Driver's License (CDL) or other required credentials to perform work on YPG or any of its associated locations, the Company will comply with the Government’s requirements which may include removing employees from the Base and work areas and terminating their employment. In the event an employee’s driver’s license (including a CDL) is revoked, suspended or expired and driving is not a primary duty of employee’s responsibilities, the Company will make a reasonable effort to find work within the employee’s section. In the event the driver’s license is not restored within twelve months, employee shall be terminated.

5.00 On-Call. On-Call employees are employees who are notified and scheduled by the Company, in advance, to be available to report to work outside of the employee's regular work schedule within one hour of notice from the Company. If the On-call employee does not respond to the phone number provided by the employee to the Company within fifteen minutes or report to work within one hour after notice of On-call opportunity, employee forfeits the On-call opportunity and compensation detailed below. Employees who are required to be on On-call shall receive the following compensation:

5.01 If they are On-Call for a period from the end of the work day until the report to work time the next day (maximum of fourteen (14) hours) they shall receive $35 (thirty-five dollars).

5.02 If they are On-Call or if they are on call for any day or part of a day that they are not scheduled to work, they will receive $70 (seventy dollars) per day or part of day.

5.03 On call assignments shall be rotated on the same principal as the “overtime group.”

6.00 Pay Differentials. Unless stated otherwise in this Agreement or a fully executed· Memorandum of Understanding, pay differentials, including Hazard Pay, will continue to be paid pursuant to current TRAX and YPG policy and applicable law, including

Department of Labor regulations.

7.00 Employee Recognition. Employee Recognition Programs will be limited to the On-the Spot and Longevity Awards programs currently in effect.

ARTICLE TWENTY-ONE: LEAVES OF ABSENCE

1.00 Vacation

1.01 Accrual. Employees who have completed ninety (90) days of continuous employment will accrue paid vacation, as reflected in the table below. Vacation may be taken by the employee up to the total of accrued time; however, employees may not accrue a vacation balance in excess of the number indicated in the table below.

Years of Service Vacation Entitlement

Bi-Weekly Accrual Max Accrual

90 days to 80 3.08 hours per pay 160 CompletionofYear5 period

Start of Year 6 to End of Year 10

120 4.62 hours per pay period

Start of Year 11 to End of Year 14

140 5.38 hours per pay period

Start of Year 15 to End of Year 19

160 6.15 hours per pay period

Twenty Years plus 180 6.92 hours per pay period

1.02 The vacation “year” is one calendar year from the employee’s anniversary date. The official record of accrued vacation hours can be found in-the DELTEK Timekeeping System. Employees can verify their hours and their lead or manager can review the entire section. Section Chiefs and managers will ensure that vacation hours taken by employees do not exceed the accrued vacation hours.

1.03 Part-time, Temporary and On-Call employees accrue Vacation Paid Time Off based on hours worked.

1.04 Each year employees and their Section Chiefs or managers should plan and schedule employees to take Vacation Paid Time Off. Section Chiefs or managers must approve employee requests for Vacation Paid Time Off in advance of the employee taking the vacation time off. The lead or manager maintains the discretion to grant employees Vacation Paid Time Off without advance notice if it does not impact the operation/mission.

1.05 At the end of each fiscal year, Employees will be allowed to sell back vacation accrued in excess of max accrual amount not to exceed forty (40) hours if, at any time during the fiscal year, the Employee requested vacation, in writing and with at least one-week’s advance notice and such request was denied. The lead or manager maintains the discretion to grant employees Vacation Paid Time Off without advance notice if it does not impact the operation/mission. Vacation Paid Time Off shall be considered hours worked for the purpose of computing overtime.

1.06 Upon a voluntary or involuntary termination of employment, allemployees with at least ninety (90) days of service will be paid for their accrued and unused Vacation Paid Time Off based on the date of separation.

2.00 Sick Leave. Employees will accrue 56 hours of annual Sick Leave at the rate of 2.154 hours per pay period and will be allowed to accrue or maintain a maximum of 80 hours of Sick Leave. Employee Sick Leave shall be provided consistent with applicable state and federal law for, among other things, the physical illness, injury or health condition (including preventative care) for an employee or an employee’s family member (as defined by applicable law); and absences for medical attention, counseling, relocation or for services required due to domestic or sexual violence, abuse or stalking. Employees charging sick leave for three (3) or more consecutive days must furnish a doctor’s release or other reason allowed by applicable law to Human Resources upon returning to work.

Time spent in sick leave status is counted as time paid for the purpose of computing overtime.

3.00 Bereavement Leave. In case of the death of a member of the immediate family of an employee, the employee shall be granted a maximum of four (4) scheduled work days off with straight time pay to attend the funeral and tend to administrative details. For purpose of this Article, “immediate family” shall mean legal spouse and brother, sister, child, parent, grandchild, grandparent and step or in-law relations of any of the above.

For purposes of this Article, a half-brother or half-sister shall be treated the same as a brother or sister. Bereavement Leave is not counted for purposes of computing overtime.

4.00 Jury Leave. When an employee is summoned for jury duty, he will provide such notice to the Company as soon as possible. The employee shall be granted pay for his regular work shift; less any fee or other compensation available to the employee by the court.

Pay for such time lost shall be up to ten (10) hours per day and forty (40) hours per week. An employee must present to the Company a statement from an official of the court attesting to dates served; time served and fees paid before any jury duty payment will be made.

4.01 When Employees have four or more hours remaining in their scheduled shift upon completion of jury duty, the Employee is required to report to work and complete their regularly scheduled shift.

4.02 Any employee subpoenaed or otherwise required to serve as a witness in either a Federal, State, County or Municipal Court, in a matter which is work…