NRTF_IAM_CBA_(2013-16)_Final_Signed.pdf

LABOR AGREEMENT

Between

Federal Technical Services, Inc.

NATIONAL RADAR TEST FACILITY

And

INTERNATIONAL ASSOCIATION OF MACHINISTS

AND AEROSPACE WORKERS (IAM)

LODGE 2515

October 1, 2013 thru September 30, 2016 i

TABLE OF CONTENTS

Article No. Article Page No.

Preamble

Recognition

I Work Subject to This Agreement

II High Performance Work Organization Partnership

III Management Rights

IV Subcontracting

V Union Representation

VI No Strikes or Lockouts

VII Employment Procedures/Nondiscrimination

VIII Disciplinary Records

IX Workday and Workweek

X Shifts

XI Shift Differential

XII Reporting Time and Minimum Pay

XIII Recall and Call-In

XIV Overtime Pay

XV Rest Periods

XVI Grievance Procedure

XVII Arbitration Procedure

XVIII Seniority and Government Security

XIX Promotions

XX Job Posting and Bidding

XXI Job Classification

XXII Lead Persons

XXIII Reduction in Force/Severance

XXIV Vacation

XXV Personal Leave/Sick Leave

XVI Funeral Leave

XXVII Leave of Absence

XXVIII Military Leave

XXIX Jury Duty Leave

XXX Holidays

XXXI Transportation

XXXII General

XXXIII Special Premiums

XXXIV Substance Abuse Policy

XXXV Department of Defense Orders and Directives

XXXVI General Savings Clause

XXXVII Training

XXXVIII Check-Off

XXXIX Union Security

XL Complete Agreement

XLI Term of Agreement

Appendix A

Appendix B

Appendix C

Appendix D

PREAMBLE

This Agreement is entered into this 1st day of October, 2013, by and between URS Federal Technical

Services, Inc., (Formerly EG&G) and its signatory subcontractors, hereinafter referred to as the "Company," and the International Association of Machinists and Aerospace Workers (IAM), Lodge 2515, hereinafter referred to as the "Union." This Agreement shall apply to the Company's operations at the White Sands

Missile Range (WSMR), National Radar Test Facility (NRTF).

Anytime the masculine gender is used in this Agreement, it shall also apply to the female gender. All provisions of this Agreement shall apply to male and female employees alike.

The purpose of this Agreement is to ensure industrial peace. To this end, it is recognized that there must be mutual understanding, harmony, and cooperation among employees and between employees and the

Company, and the Union and the Company; that operations must be uninterrupted and duties faithfully performed in order for the Company and its employees to fulfill their mutual and vital responsibilities to both the public and to the Government; and that the business of the Company must be operated with economy and efficiency with due regard to competitive conditions. It is recognized by the Agreement to be the duty of the Company, the Union, and the employees to cooperate fully, both individually and collectively, for the advancement of said conditions.

It is expressly understood and agreed that in the event of termination of the NRTF contract between URS

Federal Technical Services, Inc., and the Government, for which members of this bargaining unit are employed, URS will no longer be bound by the terms of this Agreement effective as of the date of termination of said contract.

RECOGNITION

The Company recognizes the Union as the sole and exclusive collective bargaining agent for those employees in the collective bargaining unit engaged in technical, logistical, operations, and maintenance support services for the U.S. Air Force, U.S. Government programs at the NRTF, New Mexico, and such remote locations and assignments as may be directed by the Government that were certified by the National

Labor Relations Board Case No. 28-RC-2458, dated February 2, 1973, excluding those office clerical employees who are secretaries to Supervisors, Department Managers, and Program Manager. Those employees in the bargaining unit defined above shall be governed by the wage rates, fringe benefits, and other working conditions as expressed and agreed herein. Also excluded employees are Guards, Firemen, Executives, Professional and Administrative employees and Supervisors as defined in the National Labor

Relations Act, as amended.

This Agreement shall cover all future plants or sites or extensions of the existing plant which the Company may operate during the term of this Agreement, provided such plants, extensions, or sites are directly related to operations of the NRTF and are located on the White Sands Missile Range.

ARTICLE I

Work Subject to This Agreement

The work subject to this Agreement shall be that work done at the NRTF by employees represented by the

Union.

The Union recognizes that it may be necessary from time to time for the Company to assign nonbargaining unit employees to perform the work done by bargaining unit members. In such event, the Company shall initiate a meeting with the Chief Steward in a timely manner to explain the necessity of the assignment. It is not the Company’s intent under this article to displace bargaining unit members, erode the bargaining unit, or assign Union work without justification.

ARTICLE II

High Performance Work Organization Partnership

The parties recognize the need to serve the best interest of the customer in as efficient and economical manner as possible. Therefore it is agreed that the Company and the Union mutually adopt the following:

This partnership offers us a unique opportunity in attaining a more balanced relationship between “Labor and Management”. An opportunity that offers both management and union a challenge, not only in providing the highest quality and quantity of performance to its customers, but in building the highest mutual trust between “Labor and Management”.

It is agreed between the Company and Union to enter into this program; however, we have mutually agreed to stay within the terms and conditions of our Collective Bargaining Agreement. The following is further agreed:

A. A Full Partnership between the IAM and Management.

B. IAM Members’ participation in this program will be voluntary.

C. Shared decision-making within the company is a process designed to build and market the highest quality of product/performance for our customers.

D. Integration of continuous learning and skill building into the Company, whereby meeting the changing skills and education needs of IAM Members.

E. Worksite education and training will be managed jointly by the employer and the union to enhance the skills of employees on a continuous basis as the best means for incorporating new technologies for sustained business growth and continued employment.

F. The work system created by this program will protect the employment of current workers, promote new job opportunities and compensate for skill enhancement. Ultimately, decisions made under this program will avoid diluting the bargaining unit or checking its natural growth.

G. Employee’s job(s) that are eliminated as a result of this program, employees will continue to be retained, at not less than his/her present wage(s) and benefits, in terms of being reassigned and/or being retrained to a different job classification within the Company at the same or higher wage rate.

H. Labor and Management will jointly design, select and introduce technology, which will be worker-centered and skill-based. The technology will improve production and/or performance within the Company.

I. Labor and Management will jointly explore and create new markets, brainstorm products/performances and work out the methods and processes needed to produce this service.

J. The IAM Leadership and Management agree to continuously monitor this program throughout the duration of the Agreement to insure that new workplace practices do not pit members against other members, thereby eroding membership solidarity, deteriorated the intent of this program and hinder the production/performance service goals for its customers.

K. Either the Company or Union may at any time cancel this program.

It is understood by the parties that the type of operations conducted at RATSCAT and RAMS Site play an important role toward our National Defense Systems for our Country. It is with this important role in mind we enter into this program, without hesitation, to improve our performance and/or service to the highest degree possible for our customers.

ARTICLE III

Management Rights

SECTION 1. Except as specifically provided in this Agreement, all management rights, power, authority, and functions, regardless of the frequency or infrequency of their exercise, shall remain vested in the

Company. It is recognized that such rights, power, authority, and functions include, but are not limited to, the full and exclusive control, management, and operation of the business, the determination of the scope of its activities, business to be engaged in and all matters pertaining thereto, the location of such business or businesses, the materials and products to be acquired or utilized and the machinery and equipment to be utilized and the layout thereof; the right to establish or change shifts, schedules of work and production schedules and standards, the right to establish, change, combine or eliminate jobs, positions, job classifications and descriptions, job duties and functions; the right to introduce new or improved procedures, methods, processes, facilities, machines, and equipment or to make technological changes, the right to maintain order and efficiency; the right to contract for or subcontract any work; the determination of the number, size and location of its business operations or any part thereof and the extent to which, the means and manner by which its business or any part thereof shall be operated, relocated, shut down or abandoned;

the right to terminate, merge, consolidate, sell or otherwise transfer the business or any part thereof, the right to make and enforce safety and security rules and rules of conduct; the determination of the number and identity of employees, the assignment of duties thereto, and the right to change, increase or reduce the same;

the direction of the work force, including but by no means limited to hiring, selecting, and training of new employees, and suspending, scheduling, assigning, discharging for just cause, laying off, recalling, promoting, demoting, and transferring of its employees.

SECTION 2. It is the intention of the Company and the Union that the rights, powers, authority, and functions referred to herein shall remain exclusively vested in the Company except insofar as specifically surrendered or limited by express provisions of this Agreement. In exercising its rights, the Company will not violate this Agreement.

ARTICLE IV

Subcontracting

SECTION 1. The Company agrees that during the term of this Agreement it will not subcontract work of the kind and character performed by the bargaining unit for the purpose of laying off or eroding the bargaining unit.

SECTION 2. It is the intention of the Company to engage in subcontracting work where the Company determines that such work cannot be effectively and economically performed by its own employees due to lack of time, skills, tools, equipment, facilities or manpower.

SECTION 3. This Article has no effect, nor is intended to affect those situations whenever the Government or customer, as opposed to the Company, expressly directs the Company to subcontract out work which is normally performed by bargaining unit employees, or such as that covered by public law.

SECTION 4. The Company agrees that it will notify the Union office (full-time Union representative) in writing of those situations when the Company plans to subcontract work (with a copy of Purchase

Requisition [PR] submitted to the Chief Steward). The Company will discuss with the Union the impact surrounding the need to subcontract any bargaining unit work.

ARTICLE V

Union Representation

SECTION 1. The Union shall promptly advise the Program Manager in writing of any change in Stewards.

No Steward will be recognized as such by the Company prior to receipt of written notice of appointment.

SECTION 2. The scope of the Steward’s activities on Company time shall be limited to the following:

A. To consult with an employee regarding the presentation of a request concerning this Agreement, complaint, or grievance when the employee desires him to be present.

B. To investigate a complaint or grievance of record before presentation to the appropriate supervisor.

C. To present a request concerning this Agreement, complaint, or grievance to an employee’s immediate supervisor in an attempt to settle the matter for the employee or group of employees who may be similarly affected.

D. To meet with an appropriate supervisor or other designated representative of the Company when necessary to adjust grievances in accordance with the grievance procedure of this Agreement.

E. Each new employee covered by this Agreement shall be introduced to the Union’s Chief Steward by the Supervisor in the activity to which such employee is first assigned within five (5) working days.

SECTION 3. Stewards shall be working employees selected by the Union who shall, in addition to their regular duties, be permitted to perform during working hours such of their steward’s duties as cannot reasonably be performed otherwise. The Union agrees that such duties shall be performed as expeditiously as possible and the Company agrees to allow stewards a reasonable amount of time for the performance of such duties.

SECTION 4. Four (4) stewards shall be designated by the Union, one (1) for the RATSCAT, one (1) for the Measurement Technicians section and two (2) for the RAMS site. In addition to those designated above, the Chief Steward shall be designated and assigned to the RAMS facility for the duration of his term in office. Deviations from this requirement may be entered into upon mutual agreement between the Company and the Union. Alternate stewards may be designated to act in the absence of the elected stewards.

SECTION 5. A Steward shall secure permission from his supervisor before leaving his workstation, reporting back to his supervisor upon return to his workstation. Permission will be granted unless operational activities are affected. Upon entering the work area of another supervisor’s responsibility, the

Steward will contact the supervisor before attempting to contact any employee.

SECTION 6. Shop Stewards have no authority to take strike action, or any other action interrupting the

Company’s business. The Company recognizes these limitations upon the authority of the Shop Steward and shall not hold the Union liable for any unauthorized acts, subject to the provisions of Article VI, No

Strikes or Lockouts, of the Agreement. The Company in so recognizing such limitations shall have the authority to impose proper discipline, including discharge, in the event a Shop Steward has taken unauthorized strike action, slowdown, work stoppage, or other actions in violation of this Agreement.

SECTION 7. It is agreed that the Company shall not be required to pay an employee for any time that he is taken away from his work to serve the Union in any official capacity or to serve on any Union committee, except as provided in the Agreement.

SECTION 8. The accredited full-time representative of the Union shall have access to areas of the

Company’s facilities where employees in the bargaining unit are assigned, to the extent Government or customer regulations permit. Such visits shall be during normal duty hours to visit the Company’s duly designated representatives for the purpose of investigating grievances or other legitimate business concerning labor relations matters.

SECTION 9. It is agreed that the Union will be permitted to post on bulletin boards provided by the

Company:

• Notices of Union recreational affairs.

• Notices of Union elections and election results.

• Notices of Union appointments.

• Notices of Union meetings.

SECTION 10. The Union shall not be permitted to post any document containing any inflammatory, scurrilous, or intemperate language or any language derogatory to the Company or its employees or in any way reflecting upon the Company or any of its employees.

SECTION 11. In order to ensure the orderly administration of the terms of the Labor Agreement during periods of reduction in force, the employee designated as Chief Steward shall be considered the most senior employee within his labor grade and his job classification, so long as he has the ability and experience to perform the remaining work.

SECTION 12. The Union is authorized to conduct steward elections onsite with the understanding that such elections do not interfere with the performance of the employee’s duties.

SECTION 13. The Chief Steward may request being placed on any populated scheduled work shift in order to address mutual concerns of the Company and the Union. The request will be honored if it does not interfere with operational requirements. Such reassignment shall not result in any pay penalty to the

Company.

ARTICLE VI

No Strikes or Lockouts

SECTION 1. It is expressly understood and agreed that the business of the Company is directly related to the important and vital work of the United States Government and the various missions of the National

Radar Test Facility (NRTF), and that efficient and uninterrupted services must be furnished to those agencies who have need of and make use of the capabilities of NRTF. Therefore, the parties agree that during the term of this Agreement:

SECTION 2. The procedure provided for herein in the settlement of grievances shall serve as means for peaceful settlement of all disputes that may arise between the parties.

SECTION 3. Neither the Union, its officers, or agents shall authorize, encourage, or sanction a strike, sympathy strike, sit down, work stoppage, stay-in, slow down, refusal to work, picketing, or any other action which would interrupt or interfere with any of the operations of the Company.

SECTION 4. No rules, customs, or practices shall be permitted which limit production, or increase the time required to do any work. There shall be no limitation or restriction on the use of machinery, tools, or other labor-saving devices.

SECTION 5. Any employee or employees, individually or collectively, who shall cause or take part in any violation of this Article may be disciplined or discharged by the Company.

SECTION 6. In the event of a violation of this Article, the Union, its officers, or agents agree that it will use its best efforts to end such prohibited conduct, utilizing every possible means to include:

A. Requesting through personal contact or meeting with employees that they comply with the

Agreement and not take part in any prohibited conduct.

B. Notification to all employees that such prohibited conduct is unauthorized and in violation of the

Agreement.

C. Requesting those violating this Agreement to return to work and/or otherwise fully comply with the terms of this Agreement.

SECTION 7. The Company agrees that it will not engage in any lockout of its employees.

SECTION 8. Violation of this article and any liability resulting there from shall not be excused or forgiven because the Union is engaged in any form of lawful or unlawful strike or other coercive activity against any other Company or installation of the WSMR, NRTF, or against any other employers or persons having business or activity at these areas, nor because the employees covered by this Agreement engaged in any form of conduct prohibited by this article in support of or in sympathy with employees of any other employer who may be engaged in a strike or other form of coercive activity at these locations.

ARTICLE VII

Employment Procedures/Nondiscrimination

SECTION 1. The Company and the Union recognize that they are required by law not to discriminate against any applicant or employee for employment because of race, creed, color, national origin, sex, veteran status, or disability, union membership or nonmembership and hereby declare their acceptance and support of such laws. The parties also agree to comply in all respects with all applicable laws and Executive Orders regarding nondiscrimination.

SECTION 2. The Company shall be the sole judge as to the competence or relative competence of all applicants, and the Company may reject any job applicant. The Company retains complete rights to determine eligibility for employment for all job applicants and the right to conduct necessary screening to determine eligibility.

SECTION 3. The Company will notify the Union upon hire of any new employee covered by this

Agreement.

ARTICLE VIII

Disciplinary Records

Records of warning and discipline shall not be used as a basis for further progressive discipline after twelve

(12) months of occurrence unless there is a continuing history of the same or similar violations by the individual over a period of years. Such records may be removed from the employee’s personnel file after twenty-four (24) months. The Company will normally follow the progressive disciplinary steps outlined below to give an employee notice that there is a problem with his/her conduct or performance which, if not corrected, may necessitate progressive steps up to and including termination of employment. More serious violations (i.e. fighting, fraud, theft, safety or security violations, insubordination, etc.) on a case-by-case review of the specific situation, may be determined by the company that an employee’s conduct and/or performance warrants bypassing any or all steps of the progressive discipline process.

Steps:

1. Documented Verbal Reprimand

2. Written Reprimand

3. Written/Suspension (1-3 days, up to 5 days for more egregious violations)

4. Termination

ARTICLE IX

Workday and Workweek

SECTION 1. The workday shall begin at 12:01 a.m., and shall end at 12:00 midnight.

SECTION 2. The workweek shall begin at 12:01 a.m. Monday, and shall end at 12:00 midnight the following Sunday.

SECTION 3. The regular workday for employees will consist of eight (8) consecutive hours of work exclusive of an unpaid meal period.

SECTION 4. The regular workweek for employees will consist of any five (5) workdays, normally during the period Monday through Friday, with two (2) consecutive days off.

SECTION 5. The alternate workweek, which may be established at the discretion of the Company, will consist of either the 4 (10) or 9/80 work schedule. This will include either a ten (10) or appropriate 9/80 workday exclusive of an unpaid meal period.

SECTION 6. The 4 (10) workweek for employees will consist of any four (4) workdays, normally during the period of Monday through Friday, with three (3) consecutive days off.

SECTION 7. Should a workweek as noted in Section 4 or 6 above be scheduled to include Saturday or

Sunday at straight time, a premium of $1.50 per hour will be paid for all hours worked during the week.

SECTION 8. The workdays noted in Sections 3 and 5 above are understood to include one half (1/2) hour paid travel time each day worked.

SECTION 9. For the purposes of Sections 4 and 6 above, Monday and Sunday will be considered consecutive days off. Sunday is always the last day of the workweek.

SECTION 10. For the purposes of this Article and for determining the appropriate rate of pay, that portion of a night shift, which is actually worked on the calendar day preceding the calendar day on which the particular night shift occurs, shall be considered as having been worked on the calendar day on which the graveyard shift occurs. In further clarification of the above, if Monday morning night shift begins at

11:00 p.m. Sunday night, the hour of work performed on Sunday between 11:00 p.m. and midnight shall be considered as having been performed on Monday.

Further, that portion of an evening shift or alternate night shift, which is actually worked on the calendar day following the calendar day on which the particular evening shift or alternate night shift commenced, shall be considered as having been worked on the day on which the evening shift or alternate night shift commenced.

SECTION 11. Neither this Article nor any other provision of this Agreement shall be construed as a guarantee of hours of work per day or of days of work per week.

SECTION 12. All pay computations are based on the workday noted in Section 1 and the workweek noted in Section 2 of this Article, regardless of which shift or which workdays are the assigned shifts and workdays for the individual employee.

SECTION 13. The Company will provide employee(s) with two (2) working days notice prior to assigning employee(s) to a change in their assigned workweek. If the required notice is not provided, the employee shall be paid at his time and one-half (1-1/2) rate for all hours worked until the two (2) full days notice has been met. For example, for a Monday through Friday schedule, notice before the end of the shift on

Thursday is defined as meeting the notice requirement.

Once a workweek change notice has been posted, the Company has until the end of the business week to cancel it. If the workweek change is made after the end of the business week (last shift worked in the week), any work performed by affected employees on the first workday of the workweek for which the workweek change had originally been posted shall be paid at the time and one-half rate. This penalty may be waived by mutual agreement between the Company and the Union.

SECTION 14. In no event shall a night shift commence before 10:00 p.m. on the employee’s second

(regular workweek) or third (alternate workweek) scheduled day off. Any time worked prior to that time shall be paid at the employee’s double-time rate. For example, should it be necessary to commence a night shift at 8:00 p.m. on a Sunday, and that is the second scheduled day off for an employee assigned to a regular workweek, that employee shall receive double-time for the time worked between 8:00 p.m. and

10:00 p.m.

SECTION 15. An employee may request permission to work a special workweek at his convenience for bona-fide reasons. The parties recognize that during the term of this Agreement that the Company may authorize special workweeks for the convenience of individual employees. Such schedules may include, but are not limited to, shorter or longer workweeks or workdays. The Company and the Union must reach mutual agreement on any such special workweek or workday prior to its implementation.

ARTICLE X

Shifts

SECTION 1. The Company may establish and work a single shift system or multiple shift system, on either a five day, 8 hour (5/8), a 9/80 schedule, or 4 day, 10 hour (4/10) schedule for any portion of the work covered by this Agreement. Starting times and assignment to shifts are the exclusive function of management and shall be made whenever required.

SECTION 2. The starting time for the day shift will normally be 0730, the starting time for the evening shift will normally be 1530, and the starting time for the night shift will normally be 2330, however, in order to meet operational schedules and customer requirements, it may be necessary to assign employees to work schedules other than those defined herein. If it becomes necessary to implement any other schedules, the

Company will meet with the Union to discuss establishing such shifts.

SECTION 3. The parties recognize the importance to the defense effort of the work being performed under the terms of this Agreement, and the Company agrees that, consistent with meeting range and mission requirements, every reasonable effort will be made to arrange work schedules so that a maximum number of employees will be assigned to Monday through Friday shifts.

SECTION 4. Day shift is defined as any shift commencing between the hours of 0500 and 1159.

SECTION 5. Evening shift is defined as any shift commencing between the hours of 1200 and 1959.

SECTION 6. Night shift is defined as any shift commencing between the hours of 2000 and 0459.

SECTION 7. When so elected by the Company, evening and night shifts may be scheduled, provided:

A. Such shifts shall continue for a minimum of five (5) consecutive work days, or four (4) consecutive workdays, depending on the assigned workweek.

B. Employees initially assigned to such shifts shall be continued in such assignments for a minimum of five (5) consecutive workdays, or four (4) consecutive workdays, depending on the assigned workweek.

SECTION 8. The Company shall notify an employee before the end of his last work period of any change in the starting time of a shift to which the employee is assigned. Shift starting times may be modified as required to meet specific operational or programmatic needs of the customer.

SECTION 9. Employees will be provided a meal period on their own time and without pay. Normal meal periods will be taken between three and one-half (3 1/2) and five and one-half (5 1/2) hours after the beginning of their shift. The lunch period shall be no more than one (1) hour, as determined by the

Company.

Employees whose meal periods are interrupted, at management direction due to emergency conditions, will be allowed to resume their lunch following the interruption until the remainder of their normal meal period is achieved. Employees who are unable to take the normal meal period due to continuing work requirements will be provided a thirty (30) minute paid meal period beginning not later than five and one-half (5 1/2) hours after the beginning of their shift. If a paid lunch period is not afforded due to continuing work requirements, the employee will be paid an additional thirty (30) minute period at the appropriate overtime rate.

SECTION 10. The Company will designate a fifteen (15) minute break period each half of the work shift, which may be taken without loss of pay for the purpose of relaxation. Rest periods may be taken at the place of work. The designated breaks may be deviated from due to emergency conditions or mission requirements, but will be taken as soon as possible.

SECTION 11. Before the end of the shift, employees may normally be allowed five (5) minutes of personal clean-up time. All employees shall work at their regular operations up to the time the clean-up period begins. Personnel working in the pit areas will be allowed ten (10) minutes of clean-up time, not inclusive of travel time. It is understood that to allow for proper shift tie-in, the ten (10) minute clean-up time may not always be possible.

SECTION 12. The Company will provide a quarterly report of shift assignments worked by individual bargaining unit members for the previous twelve months.

SECTION 13. The Company will provide employee(s) with two (2) working days notice prior to assigning employee(s) to a change in their assigned shift. If the required notice is not provided, the employee shall be paid at his double time rate for all hours worked until the two (2) full days notice has been met. For example, for a Monday through Friday schedule, notice before the end of the shift on Thursday is defined as meeting the notice requirement.

Once a shift change notice has been posted (on the bulletin board in hard copy), the Company has until the end of the business week to cancel it. If the shift change is made after the end of the business week (last shift worked in the week), any work performed by affected employees on the first work day of the work week for which the shift change had originally been posted shall be paid at the time and one-half rate. This penalty may be waived by mutual agreement between the Company and the Union.

ARTICLE XI

Shift Differential

SECTION 1. Any work shift with a starting time between 2000 hours and 0459 hours the following day shall be defined as a night shift. Any work shift with a starting time between 0500 hours and 1159 hours shall be defined as a day shift. Any work shift with a starting time between 1200 hours and 1959 hours shall be defined as an evening shift.

SECTION 2. An employee shall receive the shift differential applicable to the shift to which he is regularly assigned for all work performed while he is so assigned. The applicable shift differential will be paid on all hours worked.

SECTION 3. Employees regularly assigned to a shift beginning between the hours reflected below will be paid shift differential as follows:

Effective October 1, 2013 Evening: 1200 hours to 1959 hours $1.85/hour

Night: 2000 hours to 0459 hours $2.15/hour

Effective October 1, 2014 Evening 1200 hours to 1959 hours $1.90/hour

Night 2000 hours to 0459 hours $2.20/hour

Effective October 1, 2015 Evening 1200 hours to 1959 hours $1.95/hour

Night 2000 hours to 0459 hours $2.25/hour

ARTICLE XII

Reporting Time and Minimum Pay

SECTION 1. An employee reporting for work at his scheduled starting time shall receive pay for eight (8) straight-time hours if assigned to the regular workday, nine (9) straight-time hours if assigned to the alternate work schedule and ten (10) straight-time hours if assigned to the alternate workday unless notified before the end of his last work period not to report for work or unless the employee fails to complete his shift as assigned by the Company.

SECTION 2. The provisions of Section 1 above will not apply to an employee who reports for work in an unfit condition, is unable to perform said work for some other reason which is his own responsibility, or who chooses to utilize paid or unpaid leave for some portion of the shift.

ARTICLE XIII

Recall and Call-In

SECTION 1. When an employee has completed his scheduled shift and has been relieved for the day and has left the Company’s premises and is recalled on the same day, or is called in prior to his next scheduled work day, the employee will be guaranteed a minimum of four (4) hours pay at the appropriate overtime rate. If the employee works more than three and one-half (3.5) hours, the employee will be entitled to four

(4) hours pay at the appropriate overtime rate plus one (1) hour of travel time premium pay at the employee’s effective hourly rate. For example, if an employee works two (2) hours, the employee will be entitled to four (4) hours pay at the appropriate overtime rate. If the employee works three and one-half

(3.5) hours or more, the employee will be entitled to four (4) hours plus actual time worked beyond the four

(4) hours at the appropriate overtime rate plus one (1) hour of travel time premium pay at the employee’s effective hourly rate. This provision only applies to hours outside of a normal shift.

SECTION 2. When an employee has been relieved from work on his scheduled days off and has left the

Company’s premises and is recalled to work, the employee will be guaranteed a minimum of eight (8) hours pay at the appropriate overtime rate.

SECTION 3. An employee shall not be required to stand-by to be called to work after the completion of his regular shift.

SECTION 4. If an employee is contacted in his off-duty hours by salaried supervision and asked for technical advice, he will be entitled to a minimum of one hour’s pay at the straight-time rate.

ARTICLE XIV

Overtime Pay

SECTION 1. Overtime shall be paid at the rate of time and one-half the straight-time hourly rate for the following:

A. For employees assigned to the regular five, eight-hour day workweek, all hours worked in excess of eight (8) in any workday, except as provided in Section 2 below.

B. All hours worked in excess of forty (40) hours in any workweek.

C. For employees assigned to the alternate schedule of four, ten-hour days, all work in excess of ten

(10) hours in any workday, except as provided in Section 2 below.

D. All hours worked on the employee's first scheduled day off for those on the regular five-day workweek. All hours worked on the first or second scheduled day off for those employees on the alternate workweek.

E. All hours worked on holidays. (This does not include holiday pay as provided for in Article XXX, Holidays.)

F. For employees assigned to the alternate schedule of 9/80, all work in excess of the Monday-

Thursday nine (9) hour day or Friday eight (8) hour day, except as provided in Section 2 below.

Also for first and/or second day off depending on workweek.

SECTION 2. Overtime shall be paid at the rate of double the straight-time hourly rate for the following:

A. For employees assigned to the regular five, eight-hour (5/8) day workweek, all hours worked on the second scheduled day off in any workweek.

B. For employees assigned to the alternate schedule of four, ten-hour (4/10) days, all hours worked on the third scheduled day off in any workweek.

C. All hours worked in excess of twelve (12) hours in any workday.

D. For employees assigned to the alternate schedule of 9/80, all hours worked on the second or third scheduled day off depending on the workweek.

SECTION 3. All overtime shall be paid in segments of one-quarter (1/4) of an hour. In no case shall overtime accrue on overtime.

SECTION 4. Overtime work shall be distributed on an equitable basis within a work unit and to the employees from the shift where overtime is required, in accordance with the Memorandum of Agreement established between the Company and the Union on overtime distribution.

ARTICLE XV

Rest Periods

SECTION 1. Employees shall be given a rest period of not less than ten (10) hours between the end of hours worked on an overtime assignment resulting from an extension of a regular shift, and the commencement of another straight time shift, except in case of emergency.

SECTION 2. If, in order to comply with Section 1 above, it is necessary to delay the employee’s starting time, it is agreed the Company shall have the right to change the starting time of the employee without penalty.

SECTION 3. If an employee is not given at least a ten (10) hour rest period, as noted in Section 1 above, such employee shall remain on the same premium rate as he was receiving when he was relieved from the preceding shift until such time as the full ten (10) hour rest period is provided.

SECTION 4. Following a call-in, the employee shall have the option of waiving the rest period requirement and working his normal shift for straight time or reporting to his normal shift after satisfying the rest period requirement and working the remainder of his normal shift. The employee will also have the option of taking his regular shift off without pay or utilizing his own vacation or personal leave. Should the employee be required by the Company to report to work at his normal shift starting time before the completion of his rest period, he shall be paid at his double-time rate until the rest period has been satisfied. In the alternative, subject to authorization of a salaried supervisor, the employee may be allowed to complete an eight (8) or ten (10) hour work period as appropriate, during his call-in, in lieu of reporting back on his normal shift.

ARTICLE XVI

Grievance Procedure

SECTION 1. A grievance shall be limited and only defined as a dispute regarding the interpretation and/or application of the provisions of this Agreement arising during the term of this Agreement filed by the Union signatory to this Agreement or by an employee covered by this Agreement alleging a violation of terms and provisions of this Agreement. However, disputes specifically excluded in other articles of this Agreement from the Grievance procedure shall not be construed as within the definition set forth above and shall not be handled in accordance with this procedure. It is agreed that such excluded disputes are not grievable or arbitrable under the terms of this article or under this contract.

SECTION 2. Any employee feeling he has been aggrieved by a violation of any of the specific, but not implied, terms of this Agreement should meet with his Steward first, then the employee will make every effort to resolve the grievance directly with his supervisor. He may have his Steward present if he so desires.

SECTION 3. In the event a grievant fails to present his grievance to the Company within five (5) working days after the occurrence of said grievance, then in that event, the grievance shall be considered as having been settled, and no further action can be taken thereon.

SECTION 4. The Company desires that unfairness to its employees shall not exist and all grievances shall be settled, whenever possible, with the supervisor involved. It is the intent and purpose of the parties to provide a fair and equitable procedure for the orderly settlement of all grievances.

SECTION 5. First Step: Oral. Any grievance which an employee or the Union may have with the

Company with respect to wages, hours, or other conditions of employment shall be discussed by the employee with such employee’s supervisor in an attempt to settle the matter. The Union Steward may be present at the time of discussion at the election of the employee.

SECTION 6. The supervisor shall give an oral answer immediately, if possible, but in no event later than five (5) working days after the discussion. If the oral answer, remedy, or correction requested does not settle the issue, the employee and/or Steward may proceed with the matter to the written step.

SECTION 7. Second Step: Written. Within five (5) working days after receipt of the oral answer, the employee and/or Steward may present the grievance in writing to the Department Manager or his designee.

Such written grievance shall set forth a statement of the grievance, the facts on which it is based, the date of the occurrence, the specific article or articles of the Agreement allegedly violated, and the remedy or correction requested.

SECTION 8. Within five (5) working days after receipt of the written grievance, the Department Manager or his designee shall render his decision in writing to the Chief Steward and the employee. If the written answer, remedy, or correction requested does not settle the issue, the employee and/or Chief Steward may proceed to the third step.

SECTION 9. Third Step. If a grievance is not satisfactorily settled as outlined in Sections 7 and 8 of this

Article above, the grievance may then be appealed in writing to the Program Manager, no later than five (5) working days after receipt by the Chief Steward of the decision rendered in Section 8 of this Article hereof.

Otherwise, such decision shall have no further recourse.

SECTION 10. Within five (5) working days after receipt of the written appeal, the Program Manger shall contact the full-time Union Representative to schedule a meeting for the purpose of attempting to resolve the matter and render a written settlement thereon.

SECTION 11. If any grievance arising out of interpretation of an alleged violation of the terms and conditions of this Agreement is properly processed according to the grievance procedure herein established, and no satisfactory adjustment or settlement is reached, such grievance may then be appealed to arbitration as provided in this Agreement, provided such written notice of appeal is filed by the Union with the Program

Manager no later than ten (10) working days after receipt by the Union representative of the decision rendered pursuant to Section 10 of this Article, otherwise such decision shall be final and the employee shall have no further recourse.

SECTION 12. The time limits contained in this Article are to be strictly enforced. Any grievance shall be considered null and void if not filed and/or processed by the Union or the aggrieved employee in strict accordance with the time limitations set forth in this Article unless these time limitations have been expressly extended or waived in writing by the Company and the Union. There shall be no recognition by the arbitrator of a continuing grievance so as to frustrate the intent of strict adherence to the time limitations set forth in this Article.

SECTION 13. At any step in the grievance procedure, the Union shall have the final authority, in respect to any aggrieved employee covered by this Agreement, to decline to process a grievance, complaint, difficulty, or dispute further if in the judgment of the Union such grievance or dispute lacks merit or lacks justification under the terms of this Agreement, or has been adjusted or justified under the terms of the Agreement to the satisfaction of the Union.

SECTION 14. It is understood and agreed that an employee covered hereby may be represented by his

Shop Steward, the Chief Steward, or other duly appointed official of the Union, at any and all conferences with the Company arising from the processing of any formal grievance hereunder, provided, however, that such representation shall be limited at any one time to no more than two (2) Stewards who are employed by the Company and on Company time.

SECTION 15. Once a grievance has been formally presented in writing in accordance with this Article, it is agreed that the Company will not conduct further discussion of the grievance with the employee unless the

Shop Steward is present.

SECTION 16. A grievance challenging an employee’s discharge for cause shall be presented in writing directly to the Program Manager and taken up as provided in Section 9 above. No such grievance shall be considered unless submitted within five (5) working days from the date of such discharge.

ARTICLE XVII

Arbitration Procedure

SECTION 1. Those grievances which clearly involve an alleged violation of a provision of this Agreement or an allegation that has not been properly interpreted or applied, may be carried beyond the grievance procedure into arbitration under this Article. Either the Union or the Company may request arbitration of such a grievance in writing at any time during a period of ten (10) working days following the last step of the grievance procedure. Upon such timely request, the arbitration shall proceed as follows:

SECTION 2. The Company and the Union shall select an arbitrator from a list of seven (7) to be provided by the Federal Mediation and Conciliation Service by alternately striking names from the list until only one

(1) remains. The arbitrator thus chosen shall decide the matter and his decision shall be final and binding upon all parties. The arbitrator shall have no authority to alter, add to, or ignore the terms negotiated into this Agreement. The arbitrator shall be limited to finding the facts and to applying them to the terms of this

Agreement. In any arbitration hearing concerning the discipline and/or discharge of an employee, the arbitrator's sole authority shall be to determine if the employee committed the act or infraction alleged by the

Company. The arbitrator shall base his ruling on a preponderance of the evidence. The arbitrator shall have no authority to modify the standard of proof required to anything other than a preponderance of the evidence. The expenses of arbitration, including the arbitrator's fee and expenses, and the cost, if any, for the facilities in which the hearing is held, shall be borne equally by the Company and the Union. If a court reporter is used, the Union agrees that it will share the cost equally with the Company if the Union wants a copy or exercises its right to a copy of the transcript. All expenses incurred by either party in the preparation or presentations of their case are to be borne solely by the party incurring such expense.

SECTION 3. Except as provided in this Agreement, in no event shall the Company be penalized or in any way liable for monetary damages prior to the five (5) work days preceding the submission of the grievance to the Management.

SECTION 4. The parties will jointly submit a signed statement setting forth the issue or issues to be decided by the arbitrator, the specific contract violations, and the remedy sought. The issue or issues shall be the sole matter to be decided by the arbitrator. Should the parties fail to agree upon the issue, each party may submit a separate statement of the issue it considers to be in dispute, and the arbitrator shall determine at or before the hearing the issues to be arbitrated.

SECTION 5. The arbitrator shall render his decision within 30 days of the close of the arbitration hearing or receipt of post-hearing briefs, if submitted. The arbitrator’s decision of award shall be in writing and should reveal the reasoning and grounds on which it is based.

SECTION 6. The parties agree that either party may be represented at arbitration hearings as they may choose and designate. Evidence may be presented either orally or in writing or both.

ARTICLE XVIII

Seniority and Government Security

SECTION 1. New employees and those hired after a break in continuous service, regardless of classification, shall be considered to be on probation for a period of sixty (60) calendar days from the date of hire. An employee not receiving a clearance by the sixtieth (60th) calendar day will be moved into a provisional or probationary status until such clearance is received. While the employee is in provisional status, the Company may reassign or discharge such an employee, and such action shall not be subject to the grievance procedure. The Company will notify the Chief Steward in writing of such action.

SECTION 2. The sixty (60)-day probationary period may be extended by mutual agreement between the

Company and the Union. During the Company probationary period an employee may be discharged or disciplined at the Company’s option without recourse to the grievance and arbitration procedure as provided in Article XVI, Grievance Procedure, and Article XVII, Arbitration Procedure, of this Agreement.

SECTION 3. The Union recognizes that the Company has certain obligations in its contracts with the

Government pertaining to security, and that security is vital to the Company and the Union in carrying out their part in the defense effort. Nothing in the Agreement shall require the Company to employ, continue to employ, or to grant access to any of its facilities or work locations any person to whom a cognizant

Government agency refuses access or denies a clearance. It is understood that all employees must be able to obtain and maintain a security clearance to a level commensurate to their duties. Whenever possible, such employees will be reassigned in accordance with their clearance status. It is mutually agreed between the

Company and the Union that such an employee shall be subject to any action, including but not limited to discharge, which the Company considers necessary for security reasons.

SECTION 4. In the event…