Exhibit M - CBA.pdf

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

ALUTIIQ COMMERCIAL ENTERPRISES, LLC

AND

INTERNATIONAL ASSOCIATION OF MACHINISTS

AND

AEROSPACE WORKERS LOCATED AT NASA LANGLEY

LOCAL 2531

October 1, 2022 through September 30, 2025

Table of Contents

PREAMBLE

ARTICLE 1 - RECOGNITION

ARTICLE 2 - EMPLOYMENT

ARTICLE 3 - IAM MEMBERSHIP

ARTICLE 4 - MANAGEMENT RIGHTS

ARTICLE 5 - WAGES

ARTICLE 6 – VACATION/SICK/PERSONAL

ARTICLE 7 - HEALTH AND WELFARE PLANS

ARTICLE 8 – HOLIDAYS

ARTICLE 9 - RETIREMENT PLAN

ARTICLE 10 - COMPANY AND SAFETY EQUIPMENT

ARTICLE 11 - GRIEVANCE AND ARBITRATION

ARTICLE 12 - HOURS OF WORK

ARTICLE 13 - LEAVES OF ABSENCE

ARTICLE 14- SENIORITY

ARTICLE 15 - NONDISCRIMINATION

ARTICLE 16 - NO STRIKE - NO LOCKOUT

ARTICLE 17 - GENERAL

ARTICLE 18 – DISCIPLINARY ACTION

ARTICLE 19 - FINALITY

ARTICLE 20 - DURATION

PREAMBLE

The Agreement is made and entered into this 1st day of October, 2022 by and between Alutiiq Commercial Enterprises, LLC its successors and assigns, hereinafter referred to as the “Company” or “Employer, and District Lodge No. 2020 and the International Association of Machinists and Aerospace Workers, Local 2531, its successors and assigns, hereinafter referred to as the “IAM” or “Union”.

The intent and purpose of this Agreement is to promote and improve economic and industrial relations between the Company and its employees covered by this Agreement, including the establishment of rates of pay, hours of work and conditions of employment, thereby to ensure industrial peace. To that end, it is recognized that there must be mutual understanding, harmony, dignity, respect and cooperation between employees and the Employer; that cooperation must be uninterrupted and duties faithfully performed in order that the Employer and its employees may fulfill their mutual and vital responsibilities to the public and each other; that the business of the Employer must be operated with economy and efficiency with due regard to competitive conditions. To achieve these objectives, the Union will support the Employer in its efforts to eliminate waste; improve the quality of its service and strengthen goodwill between the Company, its employees and the government customer.

ARTICLE 1 - RECOGNITION

Pursuant to the certification of the National Labor Relations Board in Case No. 5-RC-8191, the Employer recognizes the IAM as the sole collective bargaining agent, with regard to wages, hours and other terms and conditions of employment, for its full-time and regular part-time employees in the job classifications set-forth in Appendix A and employed on the NASA Langley Logistics Contract (Contract # 80LARC18C0003 and any subsequent bridge contracts or extensions) by the parties at the Hampton, VA / NASA facility; but excluding all office clerical employees, professional employees, temporary employees, guards, managerial employees and supervisors as defined in the Act. When the terms “employee” and “employees” are used in this Agreement, they shall mean employees in the bargaining unit described in this Article.

ARTICLE 2 - EMPLOYMENT

The Employer may establish reasonable qualifications for applicants for employment, consistent with applicable laws. In determining the qualifications of new employees, the Employer will require the applicant to be mentally and physically capable and competent to protect the best interests of the Employer. In this regard, the Employer may develop and implement procedures for pre-employment, reasonable cause and random drug/alcohol screening.

References to the male gender throughout this Agreement should be considered as applicable to both male and female employees. All employees newly hired or rehired hall be considered “probationary” employees until they have completed sixty (60) days of employment. This probationary period may be further extended by mutual agreement of the Company and the IAM. During this probationary period, the Company may assign, discipline and discharge any such probationary employee in its discretion, and such discharge shall not be subject to the grievance and arbitration provisions of this Agreement.

The Employer shall provide each new employee a copy of this Agreement and will notify the Shop Steward of the new employee’s assignment.

Employees will be eligible for benefits on the first day of the month following employment.

ARTICLE 3 - IAM MEMBERSHIP

All present employees who are members of the Union on the effective date of this Agreement shall remain members of the Union in good standing or pay a representation fee in an amount equivalent to the regular monthly Union dues. Present employees who are not members of the Union and/or employees who are hired hereafter, shall become and remain members in good standing in the Union or pay a representation fee in an amount equivalent to the regular monthly Union dues within thirty

(30) days following the effective date of this Agreement, or date of hire, whichever is later. The parties agree that there shall be no discrimination against any employee because of membership or non membership in the Union.

The Employer agrees to deduct semi-monthly membership dues from the earnings of the employees who have so authorized in writing on a form provided by the Union, and will remit same by mail post-marked within 20 days after the end of the month in which said deductions are made. Such authorization to be valid shall conform to applicable State and Federal laws. The Union agrees to indemnify and hold the Company harmless against any and all claims, demands, suits, costs, and/or other forms of liability that shall arise out of or by reason of action taken or not taken by the Company relative to this service.

The Company agrees to furnish a bulletin board located next to the Company’s Bulletin Board for the use of the Union for posting of matters relating to Union meetings and other Union matters of a non-controversial, nonpolitical nature only. All such notices as posted by the Union shall be signed by an authorized Union representative.

The Company shall recognize one (1) Shop Steward, and one alternate to act only in the absence of either or both Stewards, who are so designated by the Union in writing. The Shop Stewards shall be designated by the Union in writing as the Chief Steward and shall be so recognized by the Company.

All Shop Stewards shall be allowed reasonable paid time during working hours to investigate complaints, process grievances, and attend meetings with the Company in connection with their collective bargaining responsibility; provided however, the Steward must first request and obtain permission from his Supervisor and the Supervisor of any other employee(s) involved and such permission shall not be unreasonably denied.

The Company agrees that unit employees who file a complaint or grievance with the Company will not be questioned, in respect thereto, without advising the employee in the presence of a recognized Steward of his rights to Union representation.

ARTICLE 4 - MANAGEMENT RIGHTS

All management functions and rights which the Employer has not expressly modified or restricted by a specific provision of the Agreement are retained and vested exclusively in the Employer, including but not limited to: the right to reprimand, suspend, discharge or otherwise discipline employees for just cause; to hire, promote, demote, transfer, layoff or recall to work; to determine the starting and quitting times and the number of hours to be worked; to establish, expand, reduce, alter, combine, consolidate, close down or abolish any job classification, department, division, operation, service or facility; to subcontract work; to determine the products and services to be provided and the schedules of operation and maintenance; to control and regulate the use of machinery, equipment and other property of the Employer; to make or change work rules, policies and practices; to introduce new and improved research, distribution, transportation and maintenance methods, materials, services, operations, machinery or equipment; to determine the size and composition of the work force and the assignment of work; and otherwise generally to manage the Company, to direct the work force, and establish terms and conditions of employment, except as expressly modified or restricted by a specific provision of this Agreement. Any dispute between the parties arising from this Article shall be subject to the grievance and arbitration procedures.

In order to ensure conformity with the Drug Free Workplace Act, and regulations issued by various government agencies, including but not limited to the Department of Transportation, it is specifically recognized that the Employer retains the right to implement a Drug and Alcohol Testing Program. In the event of a change in the collection site, the Union will be notified and the new site shall meet HHS and DOT standards.

The Company agrees that any subcontracting of bargaining unit work shall not result in the layoff of current bargaining unit employees or inhibit bargaining unit growth.

ARTICLE 5 - WAGES

The Employer shall pay the minimum wage rates for the classification of employees set forth in Appendix A attached hereto, effective the first pay period after March 1st of each year. Premium wage rates over and above the minimum wage rates in Appendix A may be paid by the Employer, at its sole discretion.

The manning needs of any classification covered by this Agreement shall be determined entirely by the Company. The Agreement will not constitute a guarantee of any particular job or jobs within any particular classification, nor shall it constitute a guarantee of any particular duties or deleting of duties from a classification.

The Company at its sole option may implement new classifications and/or job descriptions in light of changed conditions. The Company shall offer to negotiate with the Union - by telephone or in person

- concerning the applicable pay rate; provided however that these negotiations must be completed within five (5) days of the offer unless either side asks for an extension.

It is agreed and understood that the utilization of the lead position will be solely at the discretion of the Company, including the determination of the need, number, and employee selected. Leaders shall be responsible for designating and coordinating work tasks within their work area, relaying orders of supervisors and assisting in the training of new employees. The leader shall assume responsibility for the overall performance of their work area as assigned by the supervisor.

A relief employee is one who works intermittently and is available to cover any classification included in Appendix A. They are employed during peak work loads of short duration or when an employee is on vacation, sick (to include short term disability), on leave without pay, on leave of absence or in training. The Company agrees to inform the Union of the status of relief employees when asked by a Steward. Relief employees are entitled to wages only and will not be entitled to any benefits.

Employees temporarily transferred to other job classifications shall receive either their old rate of pay, or the rate for the temporary classification, whichever is higher.

ARTICLE 6 – VACATION/SICK/PERSONAL

Regular full-time employees shall earn vacation as follows:

Year 0-1 - 88 hours annually (accrual rate of 3.67hours per pay period) Year 1-7 - 128 hours annually (accrual rate of 5.33 hours per pay period) Year 7 - 15 - 168 hours annually (accrual rate of 7.00 hours per pay period) Year 15 + - 208 hours annually (accrual rate of 8.667 hours per pay period)

Length of service for vacation eligibility is defined as continuous service with the present contractor (as limited by Article 14.5), wherever employed, and the predecessor contractors in the performance of similar work at the same Federal facility.

When a holiday falls during an employee’s vacation, the employee will receive holiday pay for that day and that day shall not be counted against the employee’s vacation time.

Employees may take their full accrued vacation at one time, in units of days or in minimum increments of one (1) hour as the employees prefer, subject to approval by their supervisor.

Vacation pay shall be based on the employee’s regular rate of pay at the time that vacation is taken.

Employees may submit in writing a vacation request to their supervisor for approval no earlier than ninety (90) calendar days prior to the first requested vacation day. Forty-five (45) days prior to the first vacation day requested the employee will be informed as to whether the request has been approved.

If more employees have requested the same vacation day(s) than can be approved, employee seniority shall be controlling (see Article 14). All vacation requests submitted with less than forty-five

(45) days’ notice, as defined above, shall be determined in the order the requests are received. All vacation requests must be submitted in writing to the appropriate supervisor at least one (1) week in advance.

Vacations may be accumulated and carried over from one calendar year to another. No employee may accumulate or carry over more than 80 hours of vacation past the last day of the last pay period in December of any given year. Unused vacation in excess of 80 hours at the end of the calendar year will be paid out by the 15th of February of each year.

Sick Leave: Effective January 1, 2020 full time employees shall accrue Fifty Six (56) hours of sick leave annually based upon an accrual rate of .02692 per hour. Paid Sick leave will be earned from the 1st day of employment, but may not be used until the completion of the probationary period. Sick leave may be carried forward to subsequent years but there shall be no payout of sick leave and medical documentation may be required.

Personal leave is provided for bereavement or other personal matters. Full time employees earn four

(4) days per year, but may not be used until the completion of the probationary period. The leave may be taken in minimum increments of one (1) hour, as needed and approved. Leave may be carried forward to subsequent years but there shall be no payout of personal leave.

Jury Leave Effective 10/1/2022 - Full-time and Part-Time employees will be paid up to ten (10) days per calendar year while serving on Jury Duty. Part-time employees leave will be pro-rated based on hours worked during the prior workweek. Employees are required to present a copy of the jury summons to their supervisor and maintain attendance records as proof of service. Employees are expected to report for work whenever the court schedule permits. Any amount paid to the employee for jury service (except parking and meals) shall be reimbursed to the company. The Company will abide by all state and federal regulations pertaining to Jury Duty and Witness Service.

Government Shutdown Should a Government closure occur, that is not weather related and a facility is closed by a directive of the President or the Government, the Employer will pay employees who were scheduled to work at the time of the closing on the condition that the Employer receives payment from the Government for that time.

ARTICLE 7 - HEALTH AND WELFARE PLANS

The Company’s bona fide fringe benefit plans are provided through the Afognak Native Corporation Health and Welfare Plan (the Plan), administered by a third-party, independent trustee. Fringe benefits include:

Full-time employees working 37 or more hours per week Basic Life and AD&D; Short Term Disability, Long Term Disability, Medical, Dental, Vision, and 401k.

Full-time employees are automatically enrolled in Basic Life, AD&D, Short and Long Term Disability.

These plans are obligatory and premiums are paid by the Company. Employees may opt out of optional health coverage, provided proof of other coverage is demonstrated.

Alutiiq also offers voluntary, supplemental and ancillary plans. These coverages are optional and are employee-paid via payroll deductions.

Part-time Employees working 30-36 hours per week Medical, Dental, Vision, and 401k. Employees may opt out of optional health coverage, provided proof of other coverage can be demonstrated.

Part-time Employees working less than 30 hours per week Employees working less than 30 hours are eligible to participate in the Company’s 401k plan.

Funding of Benefits Company Contributions The following monthly contributions will be made by the Company on behalf of covered employees.

These funds are used to pay all, or a portion of the premiums required to pay for coverage under the employees’ group Health insurance programs.

Current 1/1/2023 1/1/2024 1/1/2025 Employee Only $529.47 $566.53 $606.19 $648.62 Employee + Spouse $1,108.99 $1,186.62 $1,269.68 $1,358.56 Employee + Child $943.05 $1,009.06 $1,079.70 $1,155.28 Family $1,666.81 $1,783.49 $1,908.33 $2,041.91

Employee Contributions All insurance costs which exceed the company contribution will be deducted from employees’ pay.

Employee contributions made via payroll deductions will be allocated to the employee’s account and used to pay all or a portion of the premiums for coverage

Both parties agree if the medical rate increase for a given year is 10% or above, the parties shall come together to renegotiate the employee/employer share.

Dental and Vision coverage will be 100% paid by the employee. Employees may opt out of Dental and Vision.

ARTICLE 8 – HOLIDAYS

The Employer shall provide the following paid holidays to full time employees after they have completed the probationary period

New Years Memorial Day Labor Day Thanksgiving Martin Luther King Juneteenth Columbus Day Christmas Presidents Day Independence Day Veterans Day

If any of these holidays fall on a Sunday, the following Monday shall be observed as the holiday. If any of these holidays fall on a Saturday, the preceding Friday shall be observed as the holiday. To the maximum extent possible, the holidays will be observed in a manner consistent with Government observance.

In order to be eligible for holiday pay, the employee must be in a paid status the last scheduled working day before and the first scheduled working day following the holiday.

Any work performed on a holiday will be paid at twice the employee’s regular rate of pay.

ARTICLE 9 - RETIREMENT PLAN

Pension Plan:

The Employer shall contribute beginning on the employee’s date of hire to the I.A.M. National Pension Fund, Plan A, the “Fund” for all full-time and regular part-time employees, as follows for each hour worked.

Effective June 1, 2019, the company elected the Preferred Schedule of the Rehabilitation Plan adopted by the Board of Trustees of the Fund on April 17, 2019 (the “2019 Rehabilitation Plan”), which is incorporated by reference into this Agreement.

Per the Rehabilitation Agreement, the employer contribution rates will increase 2.5% compounded annually The contribution will be calculated on all regular hours paid. Hours coded as overtime will not be included in the calculation.

YEAR CONTRACTUAL

CONTRIBUTION RATE

Rehabilitation Amount

Total Amount

Current $2.15 $0.22 $2.37 6/1/2023 $2.15 $0.28 $2.43 6/1/2024 $2.15 $0.34 $2.49 6/1/2025 $2.15 $0.41 $2.56

Payments made by the Company to the IAM National Pension Fund pursuant to the Rehabilitation Agreement, whether or not such payments count towards benefit accruals or are made to strengthen the financial status of the Fund, are Pension contributions and covered fringe benefits under the Service Contract Act (“SCA”).

The Parties understand that the Employer’s cost of providing pension benefits to employees under this Agreement extends beyond the required contributions above, and also includes the possible expense of withdrawal liability as defined in Section 4201 of ERISA. Without limiting any defenses the Employer may have regarding the assessment of withdrawal liability by the Fund, the Employer shall be responsible for making withdrawal liability payments to the Fund or its successor. As such, any withdrawal liability payments attributable to this Agreement would represent an increase in the cost of providing a fringe benefit (i.e., retirement benefits) under the SCA. This provisions regarding the Employer’s payment of withdrawal liability shall survive the expiration of this Agreement for the duration of the applicable statute of limitations period for the payment of withdrawal liability.

401(k) Plan Effective 3/1/2020 the Company agrees to contribute the following amount into the employee’s 401(K) for all regular hours paid. Hours coded as overtime will not be included in the calculation. Regular Hours paid will include: Regular, Vacation, Holiday, Sick and Personal paid time. Employees will be 100% vested in the Company contribution.

3/1/2023

3/1/2024

3/1/2025

$0.50 $0.55 $0.60

Employee’s may elect to contribute to the 401k plan effective 3/1/2020. Employees will be automatically enrolled into the plan with a 3% employee contribution and may elect to waive contributions in accordance to the Plan. There will be no company match on employee Contributions.

Employees will be 100% vested in their contribution.

ARTICLE 10 - COMPANY AND SAFETY EQUIPMENT

Employees in the applicable job classifications shall, at the Employer’s expense and during duty hours, maintain all equipment, including vehicles, owned by the Employer in a safe, mechanical condition in compliance with all laws and ordinances governing the operation of such vehicles. Abuse of the Employer’s equipment shall be grounds for discipline, up to and including discharge.

The Company will pay up to the sum of $140.00 for the purchase of safety shoes for all employees, including relief employees required to wear safety shoes in the performance of their job, limited to no more than one (1) pair per year. The Company will provide a second pair of safety shoes to employees who shoes have work related damage and are unsafe to wear. Employee must provide a receipt or the Company will purchase directly.

The parties recognize the importance of safety and health in the workplace and therefore agree to cooperate in this objective and fully support the NASA Langley Logistics Safety and Health Plan;

including the provision by the employer of safety equipment specified therein. If the Plan establishes a Safety Committee, one (1) member of said Committee shall be appointed by the Union.

Employees who are required to drive a company or government owned vehicle will participate in the Company’s Authorized Driver program which includes annual DMV verification, Training as well as all regulations pertaining to DOT.

The Company shall provide job required PPE (Gloves, Respirations, Safety Glasses, Hearing Protection)

ARTICLE 11 - GRIEVANCE AND ARBITRATION

Any claim or dispute raised by any Unit employee concerning the interpretation or application of this Agreement shall first be discussed with his immediate supervisor. All such disputes must be presented within five (5) business days (i.e., excluding weekends and recognized holidays) after the event which gave rise to the dispute. If the matter is not thereby resolved the IAM may file a formal grievance in writing within five (5) days of the informal meeting provided above. The written grievance must set forth with specificity the factual basis of the grievance, the specific section of the Agreement allegedly violated and the remedy requested.

Step 1: The IAM representative shall, within five (5) business days of filing a written grievance, hold a meeting with the Supervisor to discuss the grievance. The Supervisor shall render a decision.

Step 2: If the grievance is not resolved the Grievant and a maximum of two (2) IAM Representatives shall, within five (5) business days after the Step 1 meeting, discuss the grievance with the Project Manager (or his designee) and The Director of Operations (or his designee). If the grievance is not resolved at Step 2, the IAM may appeal it to arbitration as provided herein.

If the matter is not settled pursuant to paragraph 1, within ten (10) days of the conclusion of Step 2, the IAM shall provide written notice to the Employer of its intention to submit the grievance to arbitration. The formal request for arbitration must be mailed to the Federal Mediation and Conciliation Service (“FMCS”) within twenty (20) days of the written notice of intent to take a grievance to arbitration.

The IAM may request the FMCS to submit a panel of five (5) arbitrators and the impartial arbitrator shall then be selected by alternate striking. A second panel may be requested by either party, before the parties strike names from the 1st panel. The compensation and expenses of such arbitrator shall be paid by the Employer and the IAM in equal share. The Employer and the IAM shall also share the expense of providing a neutral location for the arbitration. All other expenses of such arbitration shall be paid by the party incurring the same.

The arbitrator shall not be empowered in any way to change, modify, add to or subtract from the provisions of this Agreement. Any settlement arrived at in accordance with the provisions of the above paragraphs, or the decision of the arbitrator made pursuant to the provisions of the above paragraphs, shall be final and binding upon all parties to such matter.

No aggrieved party shall have any right to invoke the grievance procedure except as provided above, nor the arbitration procedure except as provided above. In this regard, the time limitations set forth above are intended to be strict statutes of limitation and any grievance and/or request for arbitration shall be null and void unless brought within the time periods set forth above. In the event a time limit within the steps (section 1) are not met by the IAM the grievance will be considered to have been dropped. If a time limit is not met by the Employer, the grievance will be treated as having been denied and the IAM may proceed to the next step. No disciplinary action taken more than 30 months prior to the commencement of the hearing may be introduced into evidence in any Arbitration proceeding.

ARTICLE 12 - HOURS OF WORK

The Employer shall establish and assign shifts of work as necessary to fulfill the terms of the applicable U.S. Government contract.

It is recognized and agreed that the standard workweek shall be from Sunday 12:01 a.m. to Saturday midnight. It is further agreed and understood that the normal workday shall consist of eight (8) hours per day and the normal workweek shall consist of forty (40) hours of work per week, Monday through Friday, inclusive. Employees will be provided two (15) fifteen minute breaks plus an unpaid meal period each workday. Breaks can not be used at the beginning or the end of a shift or combined with the employee’s lunch break.

Employees will be allowed to use flextime on a case by case basis to fulfill personal obligations. When an employee has a need to use flextime, he must make up the time missed during the same workweek Flextime is at the discretion of the supervisor and will only be granted after management has ensured that operational needs have been met. Employee must have prior written approval before utilizing flextime.

The parties agree that all hours paid, which includes paid leave, vacation, holiday, etc. But not limited to, shall be used in the calculation of overtime.

Overtime at 1 ½ times the employee’s regular rate of pay will be paid for all hours work in excess of 40 hours of work per week. Any work performed on a Sunday shall be paid at twice the employees’ regular rate of pay. Overtime shall be at the sole discretion of the Company; provided however that the Company shall attempt to evenly distribute overtime within each classification. There shall be no pyramiding of overtime or premium pay.

Employees called-in to work, or who report as regularly scheduled, shall be guaranteed four (4) hours of pay.

ARTICLE 13 - LEAVES OF ABSENCE

The Company recognizes that from time-to-time it may be necessary for employees to take a personal leave of absence. Although such leaves are in the sole discretion of the Company it is agreed that every effort will be made to accommodate the employee’s personal needs. Such leaves are unpaid.

Benefits and rights under this Agreement are not available and leaves generally may last for up to thirty (30) days.

The parties recognize and agree that all provisions of the Family and Medical Leave Act shall apply.

In the event of any employee enlisting or being drafted for military service, he shall retain his entire seniority with the Employer and shall be given his former job back upon his return, or an equivalent position, in accordance with the provisions of any applicable federal laws.

When employees are granted a leave of absence, the Employer shall provide them with written permission and a copy shall be forwarded to the IAM.

A maximum of two (2) employees will be granted leaves of absence, without pay, for the purpose of attending collective bargaining negotiations.

Full Time employees called for Jury Duty shall be granted a leave of absence not to exceed three weeks. These employees will, upon proof of such service, be paid the difference between jury pay and their lost straight time pay for a maximum of three (3) work days per calendar year. The remaining days of leave shall be unpaid, except as provided in Article 7.

ARTICLE 14- SENIORITY

Seniority shall be the period of continuous employment, including that with a predecessor government contractor, at the Employer’s Hampton, Virginia, facility. The Employer shall maintain a seniority list and e-mail copies to the Union District Lodge Office every six (6) months.

Seniority shall prevail in all cases of layoff and recall; provided however that the employee is able to perform all job duties of the position. Thus, the employee last hired in the specific job classification shall be laid off first, and in recalls after layoffs, employees shall be recalled in reverse order to that in which they were laid off.

Employees whose position is being eliminated may exercise their Company Seniority and bump a less senior employee, provided that the more senior employee has held that job classification during their tenure and/ or has been trained and certified as qualified in the classification.

When an employee is recalled the Employer shall give written notice by certified mail forwarded to the employee’s last known address, and shall hold the job available for a period of one (1) week from the date of mailing the notice. Employees recalled shall notify the Employer of their intention within three

(3) days of date of receipt of notice.

An employee shall lose seniority for any of the following reasons:

Voluntary resignation, retirement or discharge;

Leave of Absence for more than six months;

Layoff for a period of six months;

Absence for three (3) days without previously notifying the Company, unless prevented from providing said notice by a medical emergency;

An employee engages in other employment during a leave of absence without obtaining prior permission of the Company; or Settlement has been made for total disability.

The Stewards designated in Article 3, Section 4 shall be treated as having the most seniority for purposes of Sections 2 and 3 of this Article.

The Company agrees to post for five (5) workdays all job vacancies within the bargaining unit. The vacancy shall be awarded to the bidder on the basis of Company seniority provided the employee is qualified in the classification. In the event there are no qualified bidders, any employee may apply for any vacancy and will be considered with all other applicants. In the event qualifications and experience are equal, preference will be given to current employees who will be subject to a twenty-five (25) workday probationary period. If the employee fails to complete the probationary period, he will be returned to his former position.

ARTICLE 15 - NONDISCRIMINATION

No employee shall be discriminated against in hiring, promotions or continued employment because of race, color, age, religion, sex, national origin or disability. Determinations made to comply with the Americans with Disabilities Act of 1990 (ADA) will be handled on an individual, case-by-case basis and will be non-precedent setting.

ARTICLE 16 - NO STRIKE - NO LOCKOUT

For the duration of this Agreement the IAM, its officers, agents, representatives and employee/members shall not in any way, directly or indirectly, authorize, cause, assist, encourage, participate in, ratify or condone any strike, sympathy strike, sit-down, sit-in, slow-down, cessation or stoppage of work, boycott, picketing, or other interference with or interruption of work at any of the Company’s operations.

For the duration of this Agreement the Company shall not lockout its employees.

ARTICLE 17 - GENERAL

Duly authorized representatives of the IAM, with advance notice to, and permission from (which shall not be unreasonably denied) the Employer, shall be permitted to investigate the standing of all employees and investigate conditions at the job site covered by this Agreement and shall be permitted to assure that this Agreement is being enforced; provided that no interview shall be held without the advance permission of the immediate Supervisor, unreasonably interrupt the duties of any employee, will be on unpaid time and said representatives shall observe all Company rules.

It is understood and agreed between the parties that the primary function of the Supervisor is to supervise. However, the parties also agree that supervisors and other non-bargaining unit employees of the Company may from time-to- time need to perform work covered by this Agreement. The parties agree that said work will be for the purpose of emergencies, covering temporary absences (when no qualified employee is available) or training, so long as such use of non bargaining unit employees does not result in the layoff of the employee(s) who are qualified for and regularly perform such work.

The Company agrees to make payroll deductions available to employees who voluntarily elect to contribute to the Machinist Non-Partisan Political League (MNPL). Employees may cancel this check-off with thirty (30) days written notice. The Union agrees to indemnify and hold the Company harmless against any and all claims, demands, suits, costs, and/or other forms of liability that shall arise out of or by reason of action taken or not taken by the Company relative to this service.

Should any part or provision of this Agreement be rendered invalid by final judgment of a court of competent jurisdiction by reason of any existing or subsequently enacted legislation, such invalidation of any part or provision hereof shall not serve to invalidate the remaining provisions, and they shall remain in full force and effect for the term of this Agreement.

ARTICLE 18 – DISCIPLINARY ACTION

Disciplinary action shall be initiated by the Company only for just and sufficient cause and penalty imposed shall be consistent with corporate policy. It is agreed and understood by the parties that the concept of disciplinary action is to first correct the offending employee and all discipline imposed shall be consistent with corporate policy.

If any contracting agency directs that a specific employee be removed from the contract or otherwise disciplined, any such action directed may be undertaken by the employer. In the event that the contracting agency expressly directs the removal or discipline of a contract employee, the employer agrees to cooperate with the Union by providing it with all available information concerning the incident.

It is expressly understood that such government action does not create an obligation on the Company to relocate or reassign employee to any other contract.

ARTICLE 19 - FINALITY

This Agreement constitutes the sole and exclusive agreement between the parties with respect to rates of pay, wages, hours of work and other conditions of work, and supersedes all prior agreements, commitments, and practices, whether written or oral, between the current employer and the Union, the predecessor employer and the Union, or the current or predecessor employer and any covered employee or employees. No matter or matters shall be the subject of collective bargaining negotiations during the term of this agreement even though such matters may not have been negotiated upon previously nor within the knowledge or contemplation of either or both of the parties at the time of negotiations for this agreement. It is further agreed that this Agreement can only be added to, detracted from, altered, amended or modified by a document in writing, signed on behalf of the parties hereto by their duly authorized officers and representatives

ARTICLE 20 - DURATION

THIS AGREEMENT shall become effective on October 1, 2022 and shall be and continue in full force and effect until midnight on September 30, 2025 and this Agreement shall continue in full force and effect from year to year thereafter unless written notice of desire to cancel or terminate this Agreement is served by either party upon the other at least sixty (60) days prior to the aforementioned expiration date or at least sixty (60) days prior to the annual expiration date of any subsequent year thereafter.

Alutiiq Commercial Enterprises, LLC IAM & AW LOCAL 2531

Kim Addair Date President Alutiiq Commercial Enterprises, LLC

Mr. Larry Battle Date Directing Business Representative

District Lodge 74

Ms. Patricia Watson

VP, Human Resources, Alutiiq, LLC

Glen Johnson

Union Representative

Sandra Chandler Member Rep

David Rankin

Union Representative

APPENDIX A – WAGE SCALE

EFFECTIVE THE FIRST PAY PERIOD AFTER MARCH 1ST OF EACH YEAR

Classification Current

3/1/2023 3/1/2024 3/1/2025 Rate

Automotive/Truck Maintenance Tech $29.24 $30.41 $31.32 $32.26

Bus Operator $22.79 $23.70 $24.41 $25.15

Dispatcher/Moving Coordinator $21.80 $22.67 $23.35 $24.05

Disposal Warehouseman $20.87 $21.70 $22.36 $23.03

Recycling Warehouseman $20.31 $21.12 $21.76 $22.41

Freight Traffic Specialist $24.17 $25.14 $25.89 $26.67

Laborer Truck Helper (Furniture) $19.78 $20.57 $21.19 $21.82

Messenger/Mail Clerk/Carrier $19.46 $20.24 $20.85 $21.47

Property Management Clerk $20.73 $21.56 $22.21 $22.87

PC Service Technician $24.73 $25.72 $26.49 $27.29

Receiving Clerk $20.48 $21.30 $21.94 $22.60

Truck Driver Heavy $22.79 $23.70 $24.41 $25.15

Truck Driver Heavy (Tractor Trailer) $22.79 $23.70 $24.41 $25.15

Truck Driver Medium $19.78 $20.57 $21.19 $21.82

Truck Driver Medium (Mail) $20.86 $21.69 $22.35 $23.02

Vehicle Controller $20.86 $21.69 $22.35 $23.02