E4_SSI CBA IAMAW.pdf

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

SATELLITE SERVICES, INC.

AND

INTERNATIONAL ASSOCIATION OF MACHINISTS AND

AEROSPACE WORKERS, AFL-CIO

DISTRICT LODGE 171 and its Local Lodge 850

TINKER AIR FORCE BASE, OKLAHOMA

EFFECTIVE

August 1, 2023 Through July 31, 2026

TABLE OF CONTENTS

COLLECTIVE BARGAINING AGREEMENT ................................................................................................ …..3

ARTICLE 1 - RECOGNITION ........, ..................................................................................................................... …..3

ARTICLE 2 – RIGHTS OF MANAGEMENT……………………………………………………………………….……..4

ARTICLE 3 – NO STRIKES, WORK STOPPAGES OR LOCKOUTS……………………………………………….. 4

ARTICLE 4 – REPRESENTATION…………………………………………………………………………………….….5

ARTICLE 5 – GRIEVANCE AND ARBITRATION PROCEDURE……………………………………………………..6

ARTICLE 6 – DISCIPLINARY CASES……………………………………………………………………………………9

ARTICLE 7 – SENIORITY………………………………………………………………………………………………..11

ARTICLE 8 – EMPLOYEE CLASSIFICATIONS……………………………………………………………………….12

ARTICLE 9 – HOURS OF WORK / SHIFTS / DAYS OFF……………………………………………………………14

ARTICLE 10 – OVERTIME……………………………………………………………………………………………….15

ARTICLE 11 – WORKING ASSIGNMENTS……………………………………………………………………………16

ARTICLE 12 – BULLETIN BOARD………………………………………………………………………………………17

ARTICLE 13 – LEAVE OF ABSENCE…………………………………………………………………………………..17

ARTICLE 14 – DUES CHECKOFF………………………………………………………………………………………18

ARTICLE 15 – VISITATION………………………………………………………………………………………………19

ARTICLE 16 – DRUG FREE WORKPLACE POLICY…………………………………………………………………19

ARTICLE 17 – COMPENSATION……………………………………………………………………………………….19

ARTICLE 18 – PAID TIME OFF………………………………………………………………………………………….20

ARTICLE 19 – MISCELLANEOUS………………………………………………………………………………………22

ARTICLE 20 – BENEFITS………………………………………………………………………………………………..23

ARTICLE 21 – SAFETY…………………………………………………………………………………………………..24

ARTICLE 22 – I.A.M. NATIONAL 401(k) PLAN………………………………………………………………..……..25

ARTICLE 23 – DURATION OF AGREEMENT…………………………………………………………………………28

APPENDIX A – WAGES………………………………………………………………………………………………….29

APPENDIX B – COMPANY RULES…………………………………………………………………………………….31

APPENDIX C – TOOL ALLOWANCE…………………………………………………………………………………..35

APPENDIX D – MACHINISTS CUSTOM CHOICE WORKSITE BENEFITS PROGRAM………………………..37

APPENDIX E – FOUL WEATHER GEAR……………………………………………………………………………...38

APPENDIX F – SNOW REMOVAL MEMORANDUM OF UNDERSTANDING…………………………………….40

COLLECTIVE BARGAINING AGREEMENT

On this 1st day of August, 2023, Satellite Services, Inc. (hereinafter called the “Company”), and the International Association of Machinists and Aerospace Workers, District Lodge 171 and its Local Lodge 850 (hereinafter called the “Union”), hereby agree as follows:

ARTICLE 1 - RECOGNITION

Section 1.1 The Company recognizes the Union as the exclusive collective bargaining representative with respect to rates of pay, wages, hours of employment and other conditions of employment for all employees of the Company working on the Tinker Air Force Base Contract number FA813722C0031. In the bargaining units described in the certifications issued by the National Labor Relation Board:

Case 17-RC-12005 (Job Site: Tinker AFB, Oklahoma) and Case 17-RC-12045 (Job Site: Tinker AFB, Oklahoma) and Case 17-RC-12246 (Job Site: Tinker AFB, Oklahoma) and Case 17-RC-12372 (Job Site: Tinker AFB, Oklahoma) and Case 17-RC-12415 (Job Site: Tinker AFB, Oklahoma)

The term "employees" as used in this Agreement means employees in the above-referenced bargaining units, as per certifications and to include the classifications as outlined in Appendix A (Classification and wage rates). Any reference to the male gender in this Agreement shall apply equally to employees of the female gender.

Section 1.2 The Union shall not organize or attempt or assist in the organization of supervisory or executive employees having authority in the interest of the Company to hire, direct, transfer, suspend, layoff, recall, promote, discharge or discipline other employees, to resolve grievances or to effectively recommend such actions.

Section 1.3 All of the Company's present employees within the bargaining unit shall remain members of the Union as a condition of employment. All newly hired employees in the bargaining unit shall become members of the Union within 30 days after their date of hiring and shall remain members of the Union as a condition of employment, within the requirements of the National Labor Relations Act. To be a member of the Union a member must pay all initiation fees, Union dues and assessments uniformly required of all members. Union membership is required only to the extent that employees must pay either (i) the Union's initiation fees and periodic dues or (ii) service fees which in the case of a regular service fee payer shall be equal to the Union's initiation fees and periodic dues or, in the case of an objecting service fee payer, shall be the proportion of the initiation fees and dues corresponding to the proportion of the Union's total expenditures that support representational activities. The Company will, within ten days after written notice from the Union, discharge any employee who is not in conformance with this section.

Section 1.4 The use of temporary and seasonal personnel may be used by the Company to cover unanticipated, temporary work situations or seasonal work of short duration. No temporary employees will be utilized in a classification for more than 90 calendar days without mutual agreement between the parties. Temporary workers may be used for a longer period of time to fill in for a worker on an extended Medical Leave of Absence or Military Leave or when the Company is not successful recruiting a qualified replacement from the outside of the Company.

The use of Temporary workers will not be manipulated or used to neither displace full-time employees or fill full-time vacancies nor be used during layoffs. A complete list of temporary employees will be furnished to the Union listing hire date and classification on a monthly basis. Seasonal employees will not be retained after completion of the seasonal work for which they were hired.

ARTICLE 2 - RIGHTS OF MANAGEMENT

Section 2.1 Except as abridged by a specific provision of this Agreement, the Company reserves and retains all of its normal and inherent rights with respect to the management of the business, including (but not limiting the generality of the foregoing) its right to establish or continue policies, practices, and procedures for the conduct of the business; to select and direct the working force; to establish, eliminate, change or combine work schedules and work assignments, subject to the terms of this Agreement; to Hire, transfer, promote or demote employees; to lay off, terminate or otherwise relieve employees from duty for lack of work or other legitimate reasons; to make and enforce reasonable rules for the maintenance of discipline; to suspend, discharge or otherwise discipline employees for just cause; and otherwise to take such measures as management may determine to be necessary to the orderly, efficient or economical operation of the business.

Section 2.2 It is understood and agreed that any of the authority and rights the Company had enjoyed prior to the signing of this Agreement are retained by the Company except those specifically abridged, delegated or granted by this Agreement.

Section 2.3 Any rules, regulations or directives, which are now or, which may hereafter be imposed on the Company by the United States Government shall apply with equal force and effect to the employees covered under this Agreement and shall not be subject to Article 5. It is recognized that such rules, regulations or directives shall apply only when initiated by and directed from Tinker Air Force Base. The Company shall provide the Union with a copy of any such new Rules, Regulations or directives and upon request shall meet with the Union to Negotiate the impact and affect thereof, if any, prior to implementation or as soon as practical.

ARTICLE 3 - NO STRIKES, WORK STOPPAGES OR LOCKOUTS

Section 3.1 It is the intent of the parties, in the interests of attaining harmonious, orderly relations and efficient, uninterrupted operations, to set forth in this Agreement the obligations of the Company to the Union and the employees it represents, and to provide the exclusive procedures through which the Union and the employees shall resort to secure redress for any grievances arising from this Agreement.

Section 3.2 The Union shall not cause or permit its members to cause, nor shall any member of the Union take part in any sit-down, stay-in, or slowdown in any Company location or any curtailment of work or restriction of production or interference with the operations of the Company during the term of this Agreement.

Section 3.3 The Union shall not cause or permit its members to cause, nor shall any member of the Union take part in, any strike of any of the Company's operations, or picketing of any of the Company's plants or premises during the term of this Agreement.

Section 3.4 Any employee found guilty of violating this Article will be discharged, except employee(s) may exercise their legal right to refuse to perform work that is unsafe to life or limb, or health as provided by federal law.

Section 3.5 The Company will not authorize or direct a lockout during the term of this Agreement.

ARTICLE 4- REPRESENTATION

Section 4.1 The Union may elect three (3) representatives from among the employees in the bargaining unit to serve as the Grievance Committee, one of which will be designated as Chairman. The Union may elect an alternate for the grievance committee, to serve in the absence of a grievance committee member. The Union may elect up to sixteen (16) Stewards and each Company must have a minimum of one (1) Steward. The Union may designate an alternate to serve as a steward in the absence of the regular steward. The alternate shall normally be one of the current elected stewards. The Union Stewards are not permitted to participate on the Grievance Committee. The Grievance Committee will review all grievances on merit prior to presenting to Company.

Section 4.2 The Company will recognize the Steward for the purpose of representing employees in Step One of the Grievance Procedure. The grievance committee and the involved Steward will participate in Step Two.

The Grievance Committee and the involved Steward will suffer no loss in pay during time spent in all Steps of the Grievance Procedure in meetings with management.

Section 4.3 No person shall have or exercise any of the authority or duties of a Steward unless and until written notice of such appointment, and revocation of any previous appointments, if applicable, signed by a Representative of the Union, shall be filed with the Company’s Senior Human Resources Administrator or designated representative.

Section 4.4 Members of the grievance committee shall be given seniority over all employees whom they represent during reduction in forces and shift assignment, provided work in their classification or work in classifications to which they have a displacement right is available, and so long as the official's duties would permit such seniority preference under existing law.

Section 4.5 The Company shall pay Stewards and members of the Grievance Committee and aggrieved employees reasonable time spent in processing grievances (after first notifying management) and any joint Union-Company conferences. The Company will provide a secure area for the Steward's and Grievance Committee files. Time spent should be limited to 1 hour per week without approval from management. Should additional time be needed, Steward will notify Management in advance with the estimated time needed to work on grievance.

Section 4.6 Union officers, Committeemen, and Stewards will be allowed authorized absence without pay to attend one (1) regularly scheduled meeting each month, on a date and during the hours certified by the Business Representative by the Union and upon 48 hours advance written notice to the employee’s immediate supervisor.

Section 4.7 The Company agrees that upon assignment of a new employee to a department or the transfer of an employee to a department, the Supervisor of such department will introduce said employee to the Steward within two workdays of such assignment. For new employees, the Steward will be allowed a maximum of one hour on the clock to communicate the responsibilities of Union membership and the Collective Bargaining Agreement and to process any paperwork required for Union membership.

Section 4.8 The Union and Company agree to have monthly Step 3 meetings with the full grievance committee, steward(s) involved, grievant and Union representatives. Time will be paid.

Section 4.9 Time for sections 4.5, 4.7, 4.8 will be documented on the timesheet to be provided by the Company.

ARTICLE 5 - GRIEVANCE AND ARBITRATION PROCEDURE

Section 5.1 The term "grievance" as used in this Agreement means any dispute arising regarding the interpretation, application, and claim of breach or violation of this Agreement which an employee has not been able to adjust with their immediate supervisor with or without a steward, which shall be at the employee's discretion. Such grievances shall be handled as promptly as possible in accordance with the following procedure:

Section 5.2 Step I: The grievance shall be reduced to writing by the Steward on a form to be mutually agreed upon by the parties, and to be presented to the Company's Program Manager's Office. Step I grievance meeting will be held within three (3) working days of the supervisor's receipt of the grievance. The grievance shall be answered in writing by the supervisor within five (5) working days after the grievance meeting.

Section 5.3 Step II: In the event the grievance is not satisfactorily disposed of under Step I hereof, it may be appealed by the Steward, Grievance Committee, or Union Representative to the Program Manager or his/her designee. All Step 3 grievances will be heard at the monthly grievance committee meeting. A disciplinary suspension or termination will not be implemented until the grievance committee has met with the Company.

No person shall have or exercise any of the authority or duties of a Steward unless and until written notice of such appointment, and revocation of any previous appointments, if applicable, signed by a Representative of the Union, shall be filed with Company's Human Resources. A Step II grievance meeting will be held within five (5) working days of the Program Manager's receipt of the grievance. The grievance shall be answered in writing within five (5) working days after the grievance meeting.

Section 5.4 To obtain a Steward, the grievant should request his/her immediate supervisor to have the Steward (of Grievant's choice) be sent to the location of the grievant. The grievance shall be handled as expeditiously as possible, and the Steward shall then return promptly to his/her immediate supervisor.

Section 5.5 Should it be necessary for a Steward to contact a Manager or his/her designee for the purpose of processing a grievance to Step II, in accordance with Section 5.3 of this Article, the Steward shall obtain from his/her immediate supervisor permission to phone the Manager or his/her designee, for an appointment. The grievance shall be handled as expeditiously as possible and, upon completion of which, the Steward shall return promptly to his/her immediate supervisor.

Section 5.6 In the event of a terminable offense, the Company will hold a grievance meeting with the Grievant, Steward, and Grievance Committee within 7 days of the grievance and may remove the employee from the schedule in the interim period. If the Company does not meet with the Grievance Committee within 7 days, the employee will thereafter be paid until a final determination is made. In the event that actions were not justified, the employee will be made whole.

Section 5.7 Step Ill: If the grievance has not been satisfactorily disposed of under Step II hereof, it may be referred by the Union Representative or Grievance Committee to the Subsidiary President or designee or his/her designee. All step 3 grievances will be heard at the monthly grievance committee meeting. A disciplinary suspension or termination will not be implemented until the grievance committee has met with the Company. An agenda of grievances must be submitted by the Union to the Subsidiary President or designee or his/her designee 48 hours prior to the scheduled meeting. The Subsidiary President or designee or his/her designee shall render a decision in writing within five (5) working days after adjournment of the meeting. A full time representative of the Union shall be permitted to be present and participate in all Step Ill meetings if the Union so desires. The Chairman of the Grievance Committee or his/her designee shall be spokesman for the Union. The Subsidiary President or designee or his/her designee shall be spokesman for the Company. There shall be no obligation on the part of the Company or the Grievance Committee to discuss any grievance which does not appear on the agenda, except by mutual agreement.

Section 5.8 Unless a grievance shall be appealed within five (5) workdays after the decision in Step I and within five (5) workdays after the decision in Step II of the grievance procedure, such grievance shall be deemed to have been settled. Such decision shall be final and binding on the Company, the Union and the employee or employees involved. A decision rendered on a grievance in Step Ill of the grievance procedure shall be final and binding upon the Company, the Union and the employee or employees involved, and the grievance shall be deemed settled in accordance therewith, unless it is subject to and arbitrated as provided in this Article. The time limits in this Article may be extended by written mutual agreement.

Section 5.9 Any grievance must be filed as provided in this Article within ten (10) working days from the date it occurred or the date the grievant should have reasonably known.

Section 5.10 Policy grievances may be presented in duplicate in Step Ill (Section 5.7). A policy grievance is defined as a grievance involving the interpretation, application, claim of breach or violation of the Agreement affecting the wages, hours or working conditions of a group of employees as distinguished from a grievance affecting an individual employee.

Section 5.11 The written grievance shall set forth the alleged violation and remedy sought, the number of the Article and paragraph of this Agreement, which is claimed to be the basis for the filing of the grievance, and this, together with any accompanying statements, shall be dated and signed by the grievant and by the Shop Steward presenting the grievance; provided, however, that the Shop Steward and the grievant may amend the grievance and the Company may amend the answers prior to the decision in Step II. After the decision in Step II, amendments shall be made only by mutual agreement.

Section 5.12 After the Company representative has made a reply to a grievance in any step of the foregoing procedure, there shall be no obligation of such representative to discuss or consider the matter further.

Section 5.13 Union Stewards will be allowed to spend such time as may be necessary or reasonable in handling grievances in attending meetings with management as provided in Step I and Step II of Section 5.2 and 5.3 of this Article without deduction of pay. The Grievance Committee will be allowed to spend such time as may be necessary or reasonable in attending meetings with management, as provided in Step III of Section

5.7 of this Article without deduction of pay.

Section 5.14 An employee having a grievance shall be given a reasonable time to take the grievance up with the proper Union representative during working hours without loss of pay to the employee, but he/she shall first obtain permission of his/her immediate supervisor. Such time is limited to no more than one (1) hour per grievance. Should additional time be needed, Steward will notify Management in advance with the estimated time needed to work on grievance.

Section 5.15 Each of the parties here to agrees to cooperate with the other to reduce to a minimum the time spent by Union representatives in handling, presenting and adjusting grievances.

Section 5.16 In computing time limits under this Article, except as otherwise provided, unscheduled work days and holidays shall not be counted.

Section 5.17 A grievance arising out of discharge or disciplinary suspension, which is felt to have been made without "Just Cause", must be filed with the Program Manager or designee, within ten (10) workdays after such discharge or suspension. The Program Manager or designee or his/her designee shall render a written decision within five workdays after the grievance hearing at Step Ill (Section 5.7).

ARBITRATION

Section 5.18 Insofar as a grievance shall involve the interpretation or application of the provisions of this Agreement and has not been disposed of satisfactorily in accordance with Step III of the grievance procedure as set forth in this Article, it may be submitted to an impartial arbitrator in accordance with the provisions of this Article.

Section 5.19 The Union shall within 30 calendar days of the decision in Step III of said grievance procedure give written notice of such intention to the Company. The Union shall also request the Federal Mediation and Conciliation Service to furnish a list of seven (7) impartial arbitrators. Upon receipt of and from such list, the parties will attempt to mutually select an arbitrator acceptable to both parties. If an arbitrator from such list is not mutually selected within five workdays after receipt of such list, the Company and the Union will choose the arbitrator by alternately striking one name from such list until only one name remains, and that person shall be the arbitrator. The right to strike the first name shall be determined by lot. Either party may request a new panel from the FMCS one time.

Section 5.20 The arbitrator shall consider only those issues, including any amendments that were made pursuant to Section 5.11, which have been properly carried through all steps of the grievance procedure. The arbitrator shall afford to the Company, the Union and the employee or employees involved, a reasonable opportunity to present the evidence, witnesses, and arguments. Persons testifying may be sworn at the request of either party. A witness other than the Grievant who is located more than 100 miles away may testify by telephone. The jurisdiction of the arbitrator and his/her decision shall be confined to a determination of the facts and the interpretation or application of the specific provisions of this Agreement at issue. The arbitrator shall be bound by the terms and provisions of this Agreement and shall have authority to consider only grievances presenting solely an arbitral issue under this Agreement.

Section 5.21 The arbitrator shall have no authority to substitute his or her judgment for the Company's or to alter, amend or change any provision of the Agreement. Any award of reinstatement is subject to the Grievant satisfying requalification requirements and approval as required by the Client. In the event, the Grievant is unable to requalify or the Client denies approval for reinstatement, the Company will have no further back pay obligation.

Section 5.22 The arbitrator shall have no authority to interpret any state or federal law. The decision of the arbitrator shall be rendered as soon as practicable after the hearing, but in no event beyond 30 days after the close of said hearing (or receipt of post- hearing briefs if submitted by either party). The arbitrator's decision shall be final and binding on the Company, the Union, and the employee or employees involved, subject to the limitations specified in this Agreement.

Section 5.23 The compensation of such arbitrator for their services and expenses in connection with the case or cases submitted to them shall be shared equally between the Company and the Union.

Section 5.24 The Company and the Union may mutually agree to submit any other question that herein is expressly provided to the arbitrator for determination. Absent mutual consent only one grievance may be submitted to the arbitrator at a time.

NON-BINDING MEDIATION

Section 5.25 If the grievance cannot be satisfactorily resolved at Step III, and if both parties agree, the grievance may be submitted to non-binding mediation by a joint request of the Company and the Union to the Federal Mediation and Conciliation Service. Such request must be made during the time period after the Company gives its written Step 3 answer and before the Union's time limitations on providing written notice to arbitrate expires. Once such a request is agreed to, the time limit will be extended up to 30 days if a satisfactory solution cannot be reached through mediation. Time spent by the grievant or Union officials in attending mediation will be without loss of pay.

ARTICLE 6 - DISCIPLINARY CASES

Section 6.1 The Company shall furnish to each employee and to the Union a copy of the Company Handbook, Clearing Procedures and Excessive Rule violations. In the event of a conflict between Company rules and this Agreement (for example, the just cause requirement), then this Agreement prevails. The Company reserves its right to amend this document in the future upon the Company's determination that such amendments are reasonable and necessary for safe, effective and efficient operations. No such amendment may be made until written notification to the Union and shall not be contrary to any of the terms or provisions of this Agreement.

Section 6.2 The Union reserves the right to protest through the Grievance and Arbitration Procedure the reasonableness, the interpretation of or the application of the Company Rules. Clearing Procedure and Excessive Rule violations. The Union does not waive its right to contend that a provision of this document or any amendment thereto, is contrary to this Agreement, that it is unreasonable, that the Company has improperly interpreted such provision, or that the Company has applied such provision in an arbitrary or capricious manner.

Section 6.3 When disciplinary action, which could result in suspension or discharge, is contemplated, the Union will be notified 48 hours prior to so that it may have input into contemplated discipline. When immediate termination is being considered, the Steward (of Grievant’s choice) and grievance committee shall be given the opportunity by the Company to attend a disciplinary hearing prior to imposition of the termination.

Section 6.4 Any employee is entitled to have a Union Representative, including the Steward of their choice, present in any meeting or discussion with the Company in which the employee reasonably believes that the interview will lead to disciplinary action provided that no Union Representative, including the Steward, shall obstruct, impede or prevent any investigation, or counsel any employee not to answer or fully cooperate in any investigation.

Section 6.5 Discipline shall be given for violation of work rules within ten (10) workdays after the Company becomes aware, or should have reasonably known of the violation(s) unless extended by mutual agreement of the Union and the Company. Upon written notice to the Union of an ongoing disciplinary investigation involving a disciplinary suspension or discharge, such a notice shall extend the time period for an additional ten (10) working days. Should the Company find it necessary to discharge an employee for cause, i t shall give notice to the Union 48 hours prior to the date the discharge becomes effective. A grievance arising out of discharge or disciplinary suspension, which is felt to have been made without cause, must be filed with the Program Manager or designee as shown in Section 5.7 or his/her designee, of the Company, within ten (10) workdays after such discharge or suspension. The appropriate Company's representative or his/her designee shall render a written decision within five workdays after the grievance hearing at Step Ill (Section 5.7).

Section 6.6 The Company shall not exercise its right to discipline by written warning, suspension, discharge, or otherwise discipline any employee except for good and just cause. The Company shall judge fairly the employee's conduct and be fair and equitable in administering discipline. The Company and the Union agree that discipline should be corrective in nature rather than punitive.

Section 6.7 In assessing discipline, the Company will consider the gravity of the offense, seniority and the work record of the employee involved.

Section 6.8 (a) A clean driving record shall not contain any violations or citations within the preceding number of years stated below where the driver has admitted to, been convicted of, or pleaded "no contest" to the following:

• An alcohol and/or drug related driving offense (5 years);

• Refusal to submit to a Blood Alcohol Content (BAC) test or field sobriety test (5 years);

• Driving after suspension or revocation of license (1 year);

• Drivers currently subject to SR-22;and

• Any combination of three (3) or more moving violations or at-fault accidents (1 year).

Section 6.8 (b) Excludes any employee that is not required to operate a Company vehicle, or Government equipment. (Example: Administration Clerk - Work Control).

Section 6.9 Notwithstanding the above, the Company's Vice President of Risk Management may decline to approve an employee whose overall driving record demonstrates an unreasonable risk to the health and safety of others and the Company's insurance.

Section 6.10 For traffic violations resulting in a loss of driver's license, with the exception of a DUI (alcohol/drugs), the employee will be placed in layoff status. The vacated position can be filled out after two

(2) months. The individual on layoff status can be rehired if a vacancy exists in the same craft and their license has been restored within two (2) years and bumping rights will apply based on the employee’s seniority. However, the employee must meet all federal, state, Tinker AFB and insurance requirements to resume driving on behalf of the Company.

ARTICLE 7 - SENIORITY

Section 7.1 The term "seniority" as used herein contemplates only that relationship of each employee in the bargaining unit to other employees in the bargaining unit, except as provided by section 4.4 above.

Section 7.2 The seniority date for current employees will be established by the "Seniority Lists" for each Company as provided by the Union. New employee's seniority date shall be established as the date they enter the Bargaining Unit covered by this Agreement Correction to the "Seniority List" for new employees shall be completed within 60 days of their name first appearing on the "Seniority Lists".

Section 7.3 The Company shall furnish to the Union, on the 1st of every month, an updated seniority list including new hires, temporary's, terminations, layoffs, change in work status and change of addresses.

Section 7.4 The term "PTO Eligibility Date" establishes the PTO accrual date for each employee as provided under Article 18 Section 18.2 and 18.2a of the Agreement. The PTO eligibility date for each employee will be established by the Seniority List referred to in Section 7.2.

Section 7.5 When two or more employees have the same seniority date, the last four (4) digits of the Social Security Number shall be compared. The lower/lowest number shall be considered the most senior.

Section 7.6 Seniority shall only be lost under any of the following circumstances:

• Discharge for Just Cause

• Resignation

• Failure to Report to Work Upon Expiration of an Approved Leave of Absence

• Accepting Other Employment While on Approved Leave of Absence Without Company Approval

• Unexcused Absence From Work for a Period of Three (3) Consecutive Workdays that results in termination

• Failure to be recalled from a Layoff within Twenty-four (24) Months of Such Layoff.

• Transfer to a position outside the Bargaining Unit

Section 7.7 Bumping Rights In the event of a reduction in force, the Company shall designate the number of positions to be reduced in each affected job classification. The least senior employee(s) in the affected job classifications will be designated for layoff. Qualified employees will be given an opportunity to bump the least senior employee in another classification and will receive the pay of that classification. An employee bumping a less senior employee must meet all qualifications and training to perform the new job immediately. Recall shall be accomplished in inverse seniority order within the classification, with the most senior employee affected by the reduction in force being recalled first to his classification. The Company will provide a minimum of two (2) weeks’ notice or two (2) weeks’ pay and benefits in lieu of notice (at the Company's option) of any anticipated reduction in force, unless the Government does not give the Company two weeks' notice in a layoff caused by the Government's action.

Section 7.8 If an employee chooses to accept an optional layoff rather than exercising possible bumping rights, he will not be challenged for unemployment compensation by the Company.

Section 7.9 An employee will suffer no loss in seniority during any approved leave of absence or while in layoff status.

Section 7.10 New employees will be without seniority or recourse and subject to dismissal without cause during a probationary period of 90 consecutive days. Under special circumstances, the 90-day probationary period may be extended. The extension must be mutually agreed upon between the Union and the Company in writing indicating the extension date and reason. All benefits will begin after the first 90 days. Example:

PTO may be used. If the probationary period is completed satisfactorily, then the employee’s seniority, date will become the original date of hire.

Section 7.11 Qualified employees may exercise their seniority rights across Company lines with respect to job bidding, layoff and recall consistent with this Agreement. In effecting a transfer between the Companies, enrollment in the gaining Company's group benefits plans will be as seamless as possible under the provisions of the applicable Summary Plan Descriptions. Seniority will transfer to the receiving Company.

ARTICLE 8 - EMPLOYEE CLASSIFICATIONS

Section 8.1 Occupational classifications shall be those listed in Appendix A. Job requirements and job duties for each Occupational classification shall be those presented and approved by the Union and The Company at negotiations. A copy of all current job descriptions will be provided to the Union office. The Company will provide final position descriptions to the Union within 6 months from the date of the signed CBA.

Once job descriptions are developed and implemented by the Company, the Company will negotiate with the Union before material changes are implemented.

Job Description will be made available in the main office to all employees.

Section 8.2 In the event that a new occupational classification, covering new work requirements, is not listed in Appendix A and is required, the Company may establish such new classification under the following criteria:

• The Company shall submit to the Union, for its approval the Job classification, the requirements and duties, and the rate of pay for the new classification.

• In the event an agreement between the Company and the Union is not reached within five (5) working days from the date of submission, the Company may place into effect the new classification at the proposed rate of pay, subject to continued negotiations with the Union.

• If after meeting and conferring, an agreement is not reached after implementation by the Company, the Union may grieve the issue at Step III, and if not resolved, will use mandatory mediation to settle unresolved issues.

• Any change in the established rate resulting from such mandatory mediation shall be retroactive to the date when such rate was placed in effect.

Section 8.3 Job Bid: When a job becomes vacant and needs to be filled; it will be posted for five (5) working days. Any employee, including probationary employees, may sign the job posting notice. Probationary employees who successfully move to the new position must complete an additional 30 days for a total of 120 days probationary period. All benefits will begin after the first 90 day. Example: PTO may be used. The Job posting will include the Job Title, position description, Shop, and the shift and days off on the opening.

Preference will be given in filling the posted job to the senior employee who is qualified to perform the work and who has signed the posting notice before the close of the posting period. Job postings for openings will be posted on all the Union bulletin boards in each shop by the Company. Stewards and grievance committee will be notified of all open positions. All jobs will be posted on all Union bulletin boards in all Companies and simultaneously on the Company's website.

Section 8.4 Within five working days after the close of the posting period, the Company shall determine whether there are any bidders who are qualified to perform the posted job. The job will be awarded to the senior qualified bidder and the award will be posted. The successful Bidder shall be assigned to their new job within ten working days after the job is awarded. If held in their previous position for longer than 10 days, they will receive the higher of the two wages not to exceed 30 days without mutual agreement between the Union and the company. An employee not chosen for a position will receive a debriefing from the hiring manager upon their request.

Section 8.5 The successful bidder may not bid on another posted position within twelve (12) months from the date of the transfer, unless the position is higher classification or pay grade. The successful bidder may be returned to their former job classification, if within fifteen (15) working days after beginning the new job classification he/she fails to perform the work satisfactorily, and such employee cannot within six (6) months thereafter bid for a posted vacancy in such new job classification. The employee (unless he/she has bid to a lower job classification) shall also have the right to return to his/her former job classification, shift and section any time within fifteen (15) working days after beginning his/her new job classification in which event he/she cannot bid on any posted vacancy for six {6) months thereafter. The Company will have up to five (5) working days to return the employee to their former job classification after notification in writing by either party. This paragraph does not apply except when an employee changes job classification. The 15 working day trial period may be extended by mutual agreement of the Company and the Union.

Section 8.6 "Qualified" and "qualified to perform the work" as used in this agreement shall mean possession of the required licenses, certifications, and experience, and required training and the ability to perform satisfactorily the required duties of the job and to meet standards of quantity and quality without the need for more than minimal instruction or training.

Section 8.7 The parties agree that the requirements/duties term "other related duties as assigned" (or such similar language) will not be used for the purpose of disciplinary action. The Company may, however, continue to cross utilize employees to accomplish the Company's contractual requirements, when employees are qualified to perform the requested duties. In such circumstances, an employee temporarily working in a higher classification will receive the higher rate of pay. It is not the intent of the Company to utilize this article to dilute the integrity of/or displace craft classifications. Cross utilization will not be used to redistribute a laid off employee’s work. Craft job descriptions define an employee's primary duties. Cross utilization will not be used to prevent recall of laid off employees.

Section 8.8 If there are no qualified bidders who satisfy the requirements the Company may fill a posted job vacancy either from within or outside the Bargaining Unit. The individual filling the job either from within or outside the Bargaining Unit must meet the same criteria or qualifications required of the Bargaining Unit employee.

Section 8.9 Employee may not bid on job vacancy if currently under disciplinary action, or to avoid potential disciplinary action.

ARTICLE 9 - HOURS OF WORK SHIFTS/DAYS OFF

Section 9.1 Workweek: The Company workweek will be Saturday starting at 0000 and ending Friday at 2359.

Employees will be assigned either an 8-hour 5 consecutive day workweek or a 10-hour 4 consecutive day workweek, with the exception of BAS, Boiler Operators and CSU since odd work days may be needed to meet the PWS requirements. For purposes of pay, employees will be on a bi-weekly pay schedule.

Section 9.2 The starting time for Shifts will be as follows:

• 1st Shift – Will begin between 0700 and 1459 hrs.

• 2nd Shift – Will begin between 1500 and 2259 hrs.

• 3rd Shift – Will begin between 2300 and 0659 hrs.

Base Maintenance: The Company will post a work schedule in plants, BAS and Work Controls. (24 hours staffed shops)

Changes to the work schedule will normally be posted on Wednesday for the following week, unless unanticipated work requirements arise. Other changes to the work schedule must be done by mutual agreement of the parties. An employee's normal shift or workweek will not be altered solely for the purposes of avoiding overtime.

Section 9.3 Flextime: Shift workers will be permitted, with manager's permission, to flex their normal scheduled shift. Employees may not schedule flextime to receive shift differential or overtime pay without manager's approval.

Section 9.4 (a) Preference in filling a shift, odd work week or section vacancy will be given by seniority to employees in the same job classification who have signed and filed applications for change. An application must be filed with the employee’s supervisor prior to the close of the workday that the vacancy occurs. The shift, odd work week, or section preference will be awarded by seniority to those employees who have a preference on file. The job vacancy will be posted per Article 8 of the Agreement. Exercising seniority will be limited to when job openings occur with a maximum of three (3) moves per occurrence (vacancy).

Section 9.4(b) Shift Bidding/Preference – Employees assigned to shift work will fill out a shift preference sheet to be maintained by the COO or their designee. The 1st full week of September of each year, the COO will review the shift preference sheets, and make the appropriate shift changes by seniority for all shift workers.

Any employee who loses their shift to a higher seniority employee may bump into a less senior employees shift, bumping is limited to three (3) moves per shift change.

Section 9.5(a) Call In Procedures: Any employee that is prevented from being on time to meet their shift requirement or attending work must, if possible and circumstances permit, notify their immediate supervisor during the timeframe covered within one hour before shift start of any such tardiness or absence and on each day thereafter.

Section 9.5(b) Communicating directly to your supervisor is required. A voice mail or email by itself left for the supervisor is not sufficient. In the event that the employee is unable to make contact with his/her supervisor, a text message to the supervisor and a call to Work Control will be required. PTO is authorized for all such occurrences in accordance with Article 18, Section 18.2(d). Flextime will be allowed at the discretion of the supervisor.

ARTICLE 10 - OVERTIME

Section 10.1 The provisions of this Article are intended only to provide the basis for calculation and payment of overtime and shall not be construed as a guarantee of any specific overtime hours.

Section 10.2 It is understood and agreed that the Company reserves the right to require covered employees to perform overtime work in order to meet customer needs. When such overtime is required, employees involved shall be given as much notice as possible. Supervisor will post an overtime signup sheet in shops that have required scheduled overtime. Scheduled overtime shall be offered to the most senior employee in the same classification, zone, section and shift, first and continue to follow the seniority list until the overtime requirement is met. The Company will require the least senior qualified employee(s) to work overtime should a sufficient qualified workforce not otherwise be available. If the less senior employee in a classification is forced to work three (3) or more overtime assignments in a thirty (30) calendar day period the requirement to work overtime will be placed on the second (2nd) less senior employee for thirty (30) calendar days. If that thirty

(30) day period includes three (3) or more overtime assignments, then continue rotation from least senior to more senior will occur. After the employee completes his or her {30) days, any additional forced overtime assignment will revert back to the less senior employee. An employee who is assigned work considered by the customer to be mission critical or urgent or a bona fide emergency will be required to finish such work on overtime without regard to overtime seniority requirements provided that such overtime is reasonably expected to be completed within two (2) hours of the end of the employee's regular shift. An employee's personal circumstance will be factored into the decision that requires the employee to work past his or her scheduled shift. Unscheduled overtime shall go to the individual on-call. If there are multiple emergencies that require additional response, the Supervisor will attempt to call in the most senior qualified employee in the classification required within the shop that has the tasking. If an employee does not answer their phone, the Supervisor will go down the roster of seniority until he successfully makes contact with someone do to the emergency at hand. The Supervisor will maintain a call log.

Section 10.3 Overtime for all employees assigned to a normal work week of five, 8-hour days shall be paid for hours actually worked or in pay status excess of forty {40) in a normal work week at one and one-half (1 ½) times the straight-time hourly rate. Hourly rate includes shift differential, lead pay, or other premiums. No employee shall be worked for greater than 16 consecutive hours.

Section 10.4 Overtime for all employees assigned to a normal work week of four, 10-hour days shall be paid for hours actually worked or in pay status in excess of forty (40) hours in a normal work week at one and one-half (1 ½) times the straight-time hourly rate including the above premiums. No employee shall be worked for greater than 16 hours.

Section 10.5 All employees who work on their first and/or second day of rest in their normal work week will be paid at one and one-half (1 ½) times the straight time hourly rate. Employees assigned to a work week of four, 10-hour days will be paid at one and one-half (1 ½) times their straight-time hourly rate for hours worked on their third day of rest in their normal work week.

Section 10.6 Employees who reach 40 hours in a work week may at their discretion request to use LWOP or vested PTO for the remainder of that work week as long as work-load permits and subject to management's approval.

Section 10.7 No overtime shall be worked except by specific direction from management.

Section 10.8 There shall be no pyramiding of Overtime

Section 10.9 Any employee who has worked in excess of their regular schedule any time during his scheduled work week shall not be denied the right to work the remainder of the employee's regular scheduled hours for the balance of the scheduled work week.

Section 10.10 Scheduled overtime in the steam plants will be offered first to the Boiler Plant Operators assigned to the plant where the overtime is required. If no Operator is available in that plant, then the overtime will be offered to all Boiler Operators by seniority.

Section 10.11 Unscheduled overtime in the boiler plant. CSU, BAS and IWTP will be offered in the following order until the requirement is filled:

• First to senior personnel currently on duty.

• Second to all off-duty section personnel by seniority.

• Supervisor will maintain a call log.

ARTICLE 11 - WORKING ASSIGNMENTS

Section 11.1 Qualified and/or certified employees outside the bargaining unit shall not perform the regular and exclusive work of bargaining unit employees. They may, however, perform instruction and experimentation, installation and/or checkout of new systems or equipment, or perform covered work in de-minimis amounts or emergencies until a bargaining unit employee arrives.

Section 11.2 Bargaining unit employees will not be required to perform work, outside of their job classification, for which they are not trained/or licensed, if specialized training or licenses are required for such work. It is not the Company's intent to affect any reduction in force of bargaining unit employees by any of the aforementioned, or by management employees performing bargaining unit work.

Section 11.3 The parties will address the use of vendors on the installation and/or checkout of new systems or equipment on a case-by-case basis for the interrelationship between the bargaining unit and Company.

ARTICLE 12 - BULLETIN BOARD

Section 12.1 The Company agrees to provide a bulletin board for posting Union publicity in each shop.

Material posted shall be limited to notices of Union meetings, Union newspaper items, Union newsletters, Union recreational and social activities and the Union employee seniority list, and which do…