ATTACHMENT 3 COLLECTIVE BARGAINING AGREEMENT 7-27-2022.pdf

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

LAKOTA SOLUTIONS LLC,

AND

THE INTERNATIONAL ASSOCIATION OF

MACHINISTS AND AEROSPACE WORKERS

DISTRICT LODGE 75, LOCAL LODGE 20

COVERING ALL BARGAINING UNIT EMPLOYEES

ON

CONTRACT #FA2486-22-C-0006

FOR

AEROSPACE GROUND EQUIPMENT

AT

EGLIN AFB, FLORIDA

Effective: 27 August 2022 (except as set forth in Appendix A) through 26 August 2023

ARTICLE Page

PREAMBLE 1

1 GENERAL CONDITIONS OF CONTRACT 1

General Provisions 1

Recognition 2

Period of Agreement 2

Rights of Management 3

No Strike and No Lockout 3

Union/Agency Shop and Check Off 4

Separability 6

Security 6

Non Discrimination 6

Bargaining Unit and Non-Bargaining Unit Work 7

2 UNION-COMPANY RELATIONS 7

Union Stewards 7

Business Representatives and Union Officials 8

Bulletin Boards and Posting Notices 9

Information Provided to the Union 9

Official Union Business 9

3 GRIEVANCE PROCEDURE AND ARBITRATION 10

Definition of Grievance 10

Grievance Procedure 10

Arbitration 12

4 SENIORITY 13

Seniority 13

Seniority List 13

Seniority Date 13

Layoff 13

Recall 14

Notice of Recall 14

Loss of Seniority 14

Shift Transfers 14

Probationary Period 15

Employees Entering Armed Forces 15

5 EMPLOYMENT CONDITIONS 15

Sanitary, Safety and Health Conditions 15

Drug and Alcohol Free Workplace 16

New Technology 18

6 EMPLOYEE PRIVILEGES 19

Paid Time Off (PTO) 19

National Guard or Military Reserve Training Leave 19

Bereavement Leave 20

Leave of Absence 20

Personal Time / Sick Leave 22

Pro-Rata Benefits 24

Holidays 25

Break and Lunch Periods 25

Jury Duty 25

Temporary Duty (TDY) 26

Severe Weather 27

Education 27

7 PAY PROVISIONS 28

Wages 28

Overtime 28

Hours of Work 29

Report Time and Call-Back Time 30

Health & Welfare Benefits 30

Promotional Increases 31

Uniforms 32

Premiums 32

8 Machinists Custom Choice 33

APPENDIX A 35

PREAMBLE

This Agreement is effective 27 August 2022 (except as set forth in Appendix A), by and between Lakota Solutions LLC hereinafter referred to as the “Company”, and

Local Lodge 20, District Lodge No. 75 of the International Association of Machinists and Aerospace Workers, AFL-CIO, hereinafter referred to as the “Union”.

ARTICLE 1

GENERAL CONDITIONS OF CONTRACT

Section 1 – General Provisions

(A) In reaching this Agreement, the parties hereto have fully exercised and complied with any and all obligations to bargain, having fully considered and explored all subjects and matters in any way material to the relationship between the parties.

(B) Any practice of the Company in the past not specifically set out herein is expressly eliminated as a subject for bargaining and the Company shall not be bound thereto, and, during the life of this Agreement, may not be raised for further bargaining or negotiations.

(C) It is understood wherever the male or female gender are referred to in this Agreement it shall be recognized as referring to both males and females.

(D) This Agreement may only be changed or modified in writing by a document signed by [a] duly authorized representative(s) of all parties hereto, provided however, that such changes or modifications are ratified by the membership of the Union. Written agreements regarding interpretations or understandings that do not change or modify the Agreement may be made between the Company, the Union Business Representative and the

Negotiating Committee; such memorandums of understanding shall not require the ratification of the membership.

(E) The waiver of any conditions or breach of this Agreement by either party shall not constitute a precedent for any further waiver of such condition or breach.

(F) Either party hereto shall be entitled to require specific performance of the provisions of the

Agreement. It shall be the duty of the Company and its representatives and the Union and its representatives to comply with and abide by all provisions of this Agreement.

(G) In this Agreement, sentences, sentence fragments, phrases, or words cannot be combined from multiple sections to create “new” language, requirements or procedures, place restrictions upon the bargaining unit employees, or modify any part of this agreement in any manner.

Section 2 – Recognition

The Company recognizes the Union certified by the National Labor Relations Board on May 14, 2012 (Case No. 15-RC-078064) as the exclusive representative and bargaining agent with respect to rates of pay, wages, hours and other conditions of employment for the bargaining unit comprised of all regular full-time and part-time Employees in the following classifications: Aerospace

Ground Equipment Mechanic, Aerospace Ground Equipment Worker, Production Control Clerk, Corrosion Control Painter, Corrosion Control Helper, Equipment Cleaner & Corrosion Prevention

Worker, Quality Assurance, Leads and any classification added in accordance with the provisions of this Agreement as employed by the Company on the AGE Contract at Eglin AFB, Valparaiso, Florida (Contract # FA2486-22-C-0006). Excluded from the Bargaining Unit are all office clerical employees, professional employees, managerial employees, guards and supervisors as defined by the Act.

Section 3 – Period of Agreement

A. This agreement shall be effective 27 August 2022 (except as set forth in Appendix A).

The Agreement shall remain in full force and effect to and including 26 August 2023 and thereafter from year to year until modified, amended, or terminated, as hereinafter provided. Not more than seventy-five (75) days* nor less than sixty (60) days prior to the expiration date of this Agreement, or prior to the expiration of any subsequent yearly period, either party may give to the other party written notice of desire for modifications, amendments or termination. The parties agree to start negotiations within fifteen (15) days after the giving of such notice. In the event of a failure of the parties to reach agreement upon modifications, or amendments to the Agreement by 26 August 2023, or the terminal date of any subsequent yearly period for which this Agreement remains in full effect, either party at any time thereafter may terminate this Agreement by giving written notice to the other specifying the date of termination five (5) days in advance of such date.

*Where not otherwise specified, any reference to “days” in this Agreement refers to calendar days.

(A) Any notice given under this section shall be deemed to be served when mailed postage prepaid, registered mail, return receipt requested, to Lakota Solutions LLC as Prime Contractor for

Aerospace Ground Equipment Program, and when similarly mailed, or delivered in hand, to

District Lodge 75, in Enterprise, Alabama for service upon the Union. The date of receipt shown on the registered mail return receipt shall be the controlling date for all purposes under this Agreement.

(B) After the Company and Union negotiation committees have concluded negotiations of amendments and modifications to the Agreement, all such amendments and modifications must be accepted or rejected as a whole (without acceptance or rejection of parts thereof) by the Company and the Union.

Section 4 – Rights of Management

(A) Except as modified 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 (without 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 which are not in conflict with the terms of this Agreement; to transfer, promote or demote employees, or 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.

(B) It is understood and agreed that any of the powers and authority the Company had prior to the signing of this Agreement are retained by the Company except those specifically modified, delegated or granted by this Agreement.

(C) No Company rule, regulation, and/or policy shall be in conflict with the provisions of this

Agreement, nor shall the Union be restricted from contesting the implementation of any rule, regulation, and/or policy through the procedures defined in Article 3 of this agreement.

Section 5 – No Strike and No Lockout

(A) It is the intent of the parties, in the interests of attaining a peaceful, 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 the Union and the employees to the Company), and to provide the exclusive procedures through which the Union, the

Company, and the employees shall resort to secure redress for grievances arising from

(B) The Union shall not cause or permit its members to cause, nor shall any member of the

Union take part in any strike, work stoppage, sit-down strike, stay-in, sympathy strike, picketing, or slowdown in any Company location or premises, or any curtailment of work or restriction of production or interference with the operations of the Company.

(C) Any employee found guilty of violating this Article may be discharged or subject to other disciplinary action as the Company may consider appropriate subject to the grievance procedure.

(D) The Company shall not authorize or direct a lockout during the period this Agreement is in effect.

Section 6 – Union/Agency Shop and Check Off

(A) Membership in the Union is not compulsory. Employees in the bargaining unit must as a condition of continued employment be either a member of the Union and pay Union dues or pay an Agency fee to the Union, but not both. If such condition of employment is not met, the employee’s employment shall be terminated in compliance with standards permitted by the N.L.R.B. and court decisions relating to Agency shop requirements.

Employees have the right to join, not join, maintain, or drop their membership in the Union as they see fit. Neither party shall exert any pressure on or discriminate against an employee in regard to such matters.

(B) Each employee in the bargaining unit shall, beginning on the 31st day following the execution of this Agreement or the 31st day following his/her employment, rehire, reinstatement, reemployment, recall, transfer, or regression into the bargaining unit, as a condition of continued employment in the bargaining unit, execute and deliver to the respective Company (with a copy to the Union) a Union Dues or Agency Fees Deduction

Authorization as provided for in this Article that shall authorize the Company to deduct from the employee’s pay an amount of money equal to the Union’s regular and usual initiation fee or reinstatement fee and its regular, uniform and usual monthly Union dues/Agency fees to be remitted to the International Secretary-Treasurer or pay directly to the District Lodge 75 an amount of money equal to the Union’s regular and usual initiation fee or dues as certified by the Secretary-Treasurer of the Local Lodge designated by the

International Association of Machinists and Aerospace Workers. For the purpose of this

Agreement, probationary employees may not become members of the bargaining unit until their 60-day probationary period is complete. It is understood that Union dues or Agency fees are due and payable on the first payday of each month. Employees electing to use the

Union Dues or Agency Fees Deduction Authorization shall be deemed to have met their obligation under this Article when the Company properly deducts Union dues or Agency fees from their paycheck on the first two (2) pay periods each month. Employees electing to pay their Union dues or Agency fees directly to the Union shall make Union Dues or

Agency Fees payments to the Union by the end of the calendar day on which the employee is paid.

(C) Any employee within the bargaining unit who is required to contribute to the Union as provided for in Paragraph (A) of this Section and who is subsequently transferred or promoted out of the bargaining unit or laid off shall not be subject to any of the provisions of this Section during the period of time such employee remains outside the bargaining unit or on layoff.

(D) No employee within the bargaining unit shall be required to pay fees or dues covering any period during which the employee was not in the bargaining unit or was not on the

Company’s active payroll including layoff.

(E) An employee within the bargaining unit shall be considered in good standing for the purpose of this Article when such employee tenders the amount of money equal to the

Union’s regular and usual initiation fee (due and payable only once per employee without regard to any interruption in service) or reinstatement fee and its regular uniform and usual monthly Union dues or Agency fees to an authorized agent of the Union or pays through authorized payroll deductions the Union’s regular and usual initiation fee (due and payable only once per employee without regard to any interruption in service) or reinstatement fee and its regular uniform and usual monthly Union dues or Agency fees as are authorized by the employee to be withheld in accordance with this Article.

(F) Once the Union becomes aware of the employee’s delinquency and the Union notifies the employee of the delinquency, the employee will have fifteen (15) calendar days to resolve the delinquency. If the delinquency is not resolved, the Union shall notify the respective

Company and the employee; the respective Company thereafter shall discharge the employee on the fifteenth (15th) calendar day after said notification, if the delinquency is not resolved.

(G) Employees may handle the matter of payment of Union initiation fees or reinstatement fees and Union Dues or Agency fees directly with the Union. In cases where deductions are made from those who have already paid Union initiation fees or reinstatement fees and

Union dues or Agency fees, the Union will make refunds directly to such employees.

(H) Deductions shall be made for the accrued regular monthly Union dues or Agency fees of each employee in the bargaining unit for whom the Union Dues or Agency Fees Deduction

Authorization has been received, beginning with the pay for the first full pay period in the month following receipt of such authorization, provided that sufficient earnings remain to cover Union dues or Agency fees after all deductions required by law are made, and such

Union dues or Agency fees deductions shall continue in like manner monthly thereafter, except as qualified in this Article.

1) Deductions shall be remitted to the General Secretary Treasurer of the International

Associations of Machinist and Aerospace Workers. The Company shall furnish the dues/fees money and dues/fees deduction documentation electronically not later than ten (10) days following the payday the deduction for dues/fees is made for each month.

2) When ceasing to deduct Union dues or Agency fees for any reason, the Company will submit the name(s) of such employee(s) in alphabetical order, and the reason for no deduction to the General Secretary-Treasurer of the International at the same time the monthly dues deduction list is remitted.

3) When ceasing to deduct Union dues or Agency fees for any reason, the Chief

Steward will be notified of the stoppage within one (1) business day of the stoppage.

(I) The Union shall indemnify the Company against and hold it harmless from any and all claims, demands, suits or other forms of liability, including attorney’s fees and litigation expenses that shall arise out of or by reason of action taken or not taken by the

Company for purpose of complying with any of the provisions of the Article.

(J) The Company shall continue to recognize and accept the deduction authorization forms currently in use between the parties.

Section 7 – Separability

(A) Should any part hereof or any provisions herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or a decree of a court of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof and they shall remain in full force and effect.

(B) The Company and the Union shall, within thirty (30) days, negotiate the provision of the

Agreement affected by such legislation or court decree. Any modification or changes to this Agreement brought about by the above negotiations shall be in writing and signed by the parties hereto.

Section 8 – Security

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

(B) The Union agrees that nothing contained in this Agreement shall place the Company in violation of security requirements with the Government.

(C) It is understood by and between the parties hereto that, as a necessary condition of employment, employees shall be subject to investigation for security clearances, special access requests, national agency check and/or unescorted entry authorization under regulations prescribed by the Department of Defense, or other agencies of the United States government on government work, and that denial/withdrawal of such clearance and/or unescorted entry authorization by such governmental agency shall be cause for release from the Company due to inability to meet job requirements. The Company shall provide a written receipt to the employee after submittal of their clearance application.

(D) It is understood that there shall be no liability on the part of the Company for any termination of employment growing out of the denial/withdrawal of clearance and/or unescorted entry authorization by the United States Government. However, the Company may, in its sole discretion, assign an employee in his job classification to an area for which he is qualified and can perform the work without a clearance.

Section 9 – Non-Discrimination

The Company and the Union separately and jointly recognize their obligation to abide by those state and federal laws, regulations and executive orders relating to equal employment opportunity and nondiscrimination.

Section 10 – Bargaining Unit and Non-Bargaining Unit Work

(A) Employees who are not members of the bargaining unit shall not perform work that is performed by members of the bargaining unit except as noted below:

1) In circumstances where the satisfaction of the Company’s obligations and responsibilities as a contractor may be jeopardized when bargaining unit employees with the necessary skills are not immediately available.

2) In emergencies – where conditions exist endangering life, limb or property.

(B) With the exception of Leads, employees who are part of the bargaining unit will under no circumstances perform any task involving the planning, organizing, or directing of any work by other bargaining unit employees, be responsible for facilities and/or property not directly associated with his individually assigned classification or any other management related function. This Section shall not prevent the Company from assigning in its discretion ancillary duties to bargaining unit employees if they are qualified to perform them.

ARTICLE 2

UNION-COMPANY RELATIONS

Section 1 – Union Stewards

(A) Upon execution of this Agreement, the Union shall promptly furnish the Project Manager, in writing, the names of the Union Stewards. Thereafter, the Union shall promptly advise the Project 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 notification.

(B) Duties of Stewards: Steward duties include gathering information on alleged violations of the Agreement and the process of settlement of grievances as defined in the grievance procedure of this Agreement and coordinating other union activities. The Steward, upon approval of his/her supervisor, shall be authorized to devote up to two (2) hours per week to perform steward duties without loss of pay. This time will be extended by management at the request of the Steward if special circumstances arise.

(C) There will be two (2) stewards; one of which will be designated as Chief Steward. Stewards will be designated at the bargaining unit discretion.

(D) The number and locations of Stewards may be adjusted by mutual agreement to compensate for facility and population changes.

(E) A Steward shall secure permission from the Project Manager or his/her assigned alternate before leaving his/her workstation, reporting back to the Project Manager or his/her assigned alternate upon return to his/her workstation. Permission will be granted unless operation activities are affected.

(F) The Company recognizes limitations upon the authority of the Steward and shall not hold the Union liable for any unauthorized acts, subject to the provisions of the No Strike-No

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

(G) Within three (3) workdays of reporting to work in the activity an employee will be permanently assigned to, each new employee covered by this Agreement shall be introduced to the Union Steward by the Supervisor.

(H) Nothing in this Agreement is intended to abridge the right of a supervisor to privately discuss with any employee under his or her supervision topics pertinent to the workplace, including but not limited to, the employee’s job performance. However, should any employee believe the discussion is disciplinary in nature or could lead to disciplinary action, he/she may stop the meeting and have their Shop Steward present prior to proceeding. A copy of disciplinary action will be provided to the Chief Steward within seven (7) days of action unless employee requests otherwise.

Section 2 – Business Representatives and Union Officials

(A) The accredited full-time representatives of the Union shall have access to the Company’s operations to which bargaining unit members are assigned for the purpose of contacting

Stewards regarding employee complaints or grievances or matters arising out of the application of this Agreement. Such visits shall be subject to such regulations as may be made from time to time by the Company, the U.S. Military Services, and other government agencies. It is agreed that the Company will not impose regulations which will render ineffective the intent of this provision. Prior to entering the Company’s operations, the

Business Representative shall provide the Project Manager reasonable advance notice on the date and time he/she will be on the facility and the department(s) he/she wishes to contact.

(B) A full-time Union Official or Business Representative may discuss any problems with employees (other than Stewards) on the employee’s own free time. If further discussion of a complaint or grievance is necessary, the Union Representative may meet with any single individual providing that he first notifies the Project Manager or his/her assigned alternate. Any discussion on Company time, as provided for in this Section, will be no more frequent or longer than the matter for discussion reasonably requires.

Section 3 – Bulletin Boards and Posting Notices

(A) It is agreed that the Union will be permitted to post notices on bulletin boards provided by the Company as follows:

1) Notices of Union recreational affairs.

2) Notices of Union elections and election results.

3) Notices of Union appointments.

4) Notices of Union meetings.

5) Other notices as may be mutually agreed upon by the Union and Company.

(B) The Company will afford the Union a segregated area on the bulletin boards clearly identified as “Union Business” where only Union notices will be displayed. The Union shall not distribute or post, nor authorize its members to distribute or post any material anywhere on the Company’s property except as provided herein.

Section 4 – Information Provided to the Union

(A) The Company will furnish to the Union Business Representative or his designee one (1) copy of the seniority list, showing rate, classifications, work center, dates of hire, shifts, and address of each employee annually or when any aforementioned information changes.

(B) One (1) copy of the seniority list will be retained in the Administrative Office, and one

(1) copy will be given to the Union Business Representative or his designee.

(C) Within ten (10) days of a personnel change (new hire or terminations), the Company will furnish to the Union’s Financial Secretary and the Chief Steward, a new seniority list.

Section 5 – Official Union Business

It is agreed that the Company shall not be required to pay an employee for any time that he/she is taken away from his/her work to serve the Union in any official capacity or to serve on any

Union Committee, except as provided in the Agreement. Union officers, committeemen and stewards will be allowed authorized absence, without pay, to attend one (1) scheduled Union meeting each month, on a date and during the hours certified by the Business Representative of the Union.

ARTICLE 3

GRIEVANCE PROCEDURE AND ARBITRATION

Section 1 – Definition of Grievance

The term grievance (other than "Union grievance") as used in this Agreement is a written claim involving the interpretation, application or claim of breach or violation of a specific provision of this Agreement that the employee has not been able to adjust with Management. The grievance must identify the specific provision of the Agreement that the Company is claimed to have breached or violated which, at the time such written claim is filed, denies to such employee a right given to such employee under such specific provision of this Agreement. Grievances cannot be pursued where specifically limited by the terms of this Agreement.

Section 2 – Grievance Procedure

(A) The parties agree that all complaints and grievances should be resolved, whenever possible, with the Project Manager or Assistant Project Manager and the employee involved. It is the intent and purpose of the parties to provide a fair and equitable procedure for the orderly settlement of all grievances. Any employee with a complaint or issue should meet with the respective Manager representing the company the employee is on the active payroll for in order to discuss and resolve the issue. Both parties will make every effort to resolve the issue.

(B) A formal grievance must be filed by an employee with or through his Steward, within ten

(10) workdays after the date of knowledge of the occurrence giving rise to it, otherwise, it may not be further processed in the grievance procedure. For the presentation and adjustment of formal grievances in this Agreement, the following procedure is established.

(C) Should the Company fail to respond to the complaint within (ten) 10 workdays, or the employee is dissatisfied with a verbal or written response from his/her immediate supervisor/manager, the following procedure must be followed in an effort to settle grievances.

1) STEP ONE - The grievance must be reduced to writing by the employee or Shop

Steward on a form mutually agreed to by the parties. Such written grievance shall set forth the complaint and remedy sought, the facts on which it is based, the date(s) of occurrence, the specific Article(s), Section(s) and paragraph(s) of the Agreement which is claimed to be the basis for the filing of the grievance, and this, together with any accompanying statement, shall be dated and signed by the grievant and the Shop Steward. Any grievance must be presented to the respective Manager within five (5) working days from the date the employee received a verbal or written response. If the employee or Shop Steward fails to present the written grievance within this time limit, the grievance shall be considered settled and no further action can be taken thereon.

The respective Manager with the Shop Steward and the grievant thereafter will attempt to resolve the matter and render a written decision thereon within five (5) working days after receipt of the written grievance. The employee or Shop Steward may amend the grievance and the Company may amend its answer prior to the

Company’s written decision. Amendments to the grievance after the written decision has been rendered shall be made only by mutual agreement. If a settlement is reached it will be reduced to written form on the grievance form and the matter shall then be considered closed. If the Company fails to provide a written response within this time limit, the grievance shall be advanced to the next step.

2) STEP TWO - If not satisfactorily settled as outlined in Step One above, the written grievance may then be presented to the respective Manager no later than five (5) working days after receipt by the Steward of the decision rendered in Step One.

Otherwise, such decision shall be final, and the employee and the Union shall have no further recourse. The respective Manager and the respective Manager of Human

Resources or their designee shall meet personally or by teleconference with the

Business Representative and the Chief Steward or their designee in an attempt to resolve the matter and render a written decision thereon within seven

(7) working days after receipt of such appeal. If a settlement is reached it will be reduced to written form on the grievance form and the matter shall then be considered closed. If a written decision within this time limit is not rendered, the grievance shall be advanced to arbitration at the option of the Union.

(D) It is understood that the time limits specified herein may be extended by mutual written agreement of the parties.

(E) The respective Company and the Union may mutually agree to combine the grievance of an employee and other similarly affected employees within the respective company in order to eliminate the need for multiple filings of grievances.

(F) The Company and the Union may mutually agree in writing to waive any prior step of the grievance procedure and proceed directly to Step Two as described in (C) (2) of this section.

(G) Grievances arising out of a discharge or suspension without pay shall be submitted directly to step two described in (C) (2) herein. Should the Union elect to pursue such a grievance, the written grievance signed by the employee or designated Union Representative must be submitted to the respective Manager within ten (10) working days of the effective date of the action. If a written grievance is not submitted to the Site Manager within ten (10) working days of the effective date of the action, the right of the employee or Union to grieve the action is waived and no further action can be taken thereon. An employee who is suspended pending the results of an investigation and who is subsequently exonerated of any wrongdoing, shall receive full pay and benefits for the term of the suspension, their work record expunged, and seniority restored.

(H) The Union shall have authority, with respect to any employee covered by this Agreement, to decline to process a grievance, complaint, or dispute if in the judgment of the Union such grievance or dispute lacks merit or justification under the terms and conditions of this

Agreement or has been adjusted or justified under the terms of the Agreement to the satisfaction of the Union.

Section 3 – Arbitration

(A) A grievance which either party desires to contest further, and which involves the interpretation or application of the terms of this Agreement, shall be submitted to arbitration as provided in this Article, but only if the Union gives written notice to the respective

Manager of its desire to arbitrate the grievance within thirty (30) working days of the receipt of the decision provided in the step described in Article 3, Section 2 (C) (2) or the grievance shall be deemed waived.

(B) Each of the parties or their representatives shall have authority to discuss between themselves the possible settlement and compromise of the grievance, but in any event must proceed to arbitrate the matter as provided hereinafter within thirty (30) days after the demand for arbitration has been made. This time limit may be extended by mutual written consent of both the Union and the Company.

(C) If the parties are unable to reach a settlement, they shall immediately jointly request a list of qualified arbitrators from the United States Federal Mediation and Conciliation Service.

The request shall be for a list of seven (7) qualified arbitrators. The Union and the

Company shall alternately strike one name from such list (the right to strike the first name having been determined by lot) until only one name remains and that person shall be the arbitrator.

(D) The parties shall make the necessary arrangements to arbitrate the grievance, including the preparation and signing of a submission agreement which states the issue. In the event the parties' representatives are unable to agree upon the issue, the arbitrator shall determine the issue.

(E) The arbitrator shall have the authority to determine, the rules of evidence and procedure and to adjourn or continue the hearing from time to time. All expenses incurred by the arbitrator including the arbitrator’s fee and expenses shall be shared equally by the parties.

Costs incurred by the respective parties for their witness(s) and attorneys shall be borne by the respective party.

(F) This Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties and by the arbitrator in the same manner as any other contract under the laws of the land. The function and purpose of the arbitrator is to determine disputed interpretation of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The arbitrator shall have only the authority to interpret and apply the provisions of this written Agreement. The arbitrator has no power to add to, detract from, or change in any way the provisions of this Agreement, or to establish new terms and conditions of this Agreement. Neither party has the right to request arbitration on any subject matter not specifically covered in this written Agreement.

The decision of the arbitrator shall be in writing and shall not be made until both parties have had reasonable opportunity to present their case, together with arguments and briefs as desired. Said decision shall be given not later than thirty (30) days after the submission of the final briefs. It is understood and agreed that a decision of the arbitrator made in accordance with the requirements hereof shall be final and binding on both parties and the employee.

ARTICLE 4

SENIORITY

Section 1 – Seniority

Contract Seniority shall mean an employee's length of continuous service on current, or predecessor Eglin AGE contract(s) currently being serviced by bargaining unit employees employed by the Company at Eglin AFB. This date shall be used (month, day and year) to establish eligibility for benefits.

Job Classification Seniority shall mean the seniority date an employee within a particular job classification entered the job he/she is currently classified as in the job being performed in the

Collective Bargaining Unit.

Section 2 – Seniority List

The Company shall provide an annual seniority list to the Union and/or an updated seniority list when employee(s) enter/exit the bargaining unit.

Section 3 – Seniority Date

When two (2) or more employees have the same Contract seniority date the employee with the lowest last four digits of the social security number will be deemed to be the most senior. This will also apply to Job Classification seniority.

Section 4 – Layoff

In the event of a reduction in the work force, the employee with the least amount of job classification seniority in the classification being reduced shall be laid off first. The Company shall attempt to provide at least two (2) weeks advance notice to those employees affected by any layoff.

Section 5 - Bumping

In the event of a reduction in force, a bargaining unit employee who has held only one classification may not bump into another classification. Any bargaining Unit employee who has held multiple classifications in the bargaining unit may exercise the right to bump down into a previously held classification prior to being placed on layoff status.

Section 6 – Recall

When an opening occurs for a position in which one or more employees have been laid off, the most senior employee on layoff based upon job classification seniority, shall be recalled and offered the position, provided that employee is qualified.

Section 7 – Notice of Recall

The Company shall forward notices of recall by certified mail to the last known address of the employee reflected on Company records. A laid off employee shall promptly notify the Company of any change of address. The employee must, within three (3) calendar days of delivery or attempted delivery of the notice of recall, notify the Company of his/her intent to return to work on the date specified for recall and thereafter return to work on such date. It is agreed that, when possible, the Company shall allow recalled employees up to two (2) weeks to return to work.

Employees who fail to properly notify the Company of their intent to return to work or fail to return to work as scheduled shall be considered as a voluntary quit.

Section 8 – Loss of Seniority

(A) All seniority of any employee shall terminate if the employee:

1) Resigns.

2) Is discharged for violation of Company Rules or for just cause.

3) Is on layoff status in excess of eighteen (18) consecutive months.

4) Is barred by the customer's written order or whose security clearance has been revoked and is not legally reinstated within eighteen (18) months of loss of security clearance. The employee shall not be entitled to reinstatement beyond the eighteen

(18) months after revocation or loss of security clearance. This paragraph is also subject to the conditions noted in Article 1, Section 8 (Security). No employee bumped, displaced or terminated under this provision shall have recourse under the grievance or arbitration procedure.

5) Refuses recall.

Section 9 – Shift Transfers

(A) Shift Transfers

1) Shift requirements shall be filled among qualified employees within the job classifications. Senior qualified volunteers will be given first (1st) consideration.

Shift transfers will then be accomplished on the basis of job classification seniority when an opening exists.

2) Individual shift transfers may also be requested among the senior qualified employees within the job classification. Individual shift transfers may be approved by management. Requests for such approval will not be unreasonably denied.

Should disputes arise between the parties regarding the reasonability of denying such approval, the Chief Steward and the respective Manager (or their designees) shall meet within three (3) workdays to attempt to resolve the dispute. Should the parties fail to resolve the dispute within those three (3) working days, the matter may be addressed through the Grievance Procedure as defined within Article 3 of

Section 10 – Probationary Period

A newly hired employee shall have a probationary period of sixty (60) consecutive calendar days and thereafter shall be considered a Seniority Employee of the Company. During the probationary period the employee shall be subject to layoff, discipline, or discharge at the sole discretion of the

Company, and such action shall not be subject to the grievance and arbitration procedures.

The Company and Union agree that during the transition period between the predecessor and successor contracts the Company may make qualified offer letters of employment to the predecessor employees in accordance with E.O. 13495 (Non-Displacement of Qualified Workers

Under Federal Service Contracts) and by Seniority. All employees hired by a successor contractor, having previously worked on the predecessor contract are not subject to a probationary period.

Section 11 – Service in the US Armed Forces

The Union and the Company agree that the Uniform Services Employment and Reemployment

Rights Act (USERRA) shall be adhered to for employees who enter or are currently an active member of the Armed Forces of the United States to include Reserve or National Guard, shall be granted a leave of absence for the period of such service, and upon honorable discharge shall have reinstatement rights under USERRA.

ARTICLE 5

EMPLOYMENT CONDITIONS

Section 1 – Sanitary, Safety and Health Conditions

(A) General

The Company agrees to maintain sanitary, safe and healthful conditions in all its operations and working establishments in accordance with Federal law and the laws of the State, County and City of its place of operation.

(B) Safety Rules and Regulations

Employees shall be required to comply with all safety rules and regulations established by the Company and government agencies, and to wear such protective clothing or use such safety equipment as may be required and furnished by the Company.

(C) Clothing and Safety Equipment

As directed by the Company, protective clothing and safety equipment will be utilized by the employee during his/her performance of jobs requiring such equipment usage.

(D) Acts of Sabotage

Employees will use their best efforts to prevent any acts of sabotage or willful damage to

Company property or employee property or materials. To that end, all employees will immediately report to their supervisor any acts of sabotage or willful damage to property or materials, or any threat to sabotage or willfully damage such property.

(E) Medical Examinations

Should the Company have reason to believe an employee covered hereby is physically or mentally unable to satisfactorily perform the duties of his/her job classification, such employee shall be required to take such medical examination as may be directed by the

Company. The Company shall pay for such examination. The Company will select the physician that will conduct the medical examination.

Section 2 – Drug and Alcohol Free Workplace

The Company and the Union recognize the importance of maintaining a drug and alcohol free workplace and agree that the Company can, from time to time, implement changes to its current rules and regulations designed to identify drug and alcohol use and to fix and impose penalties for the violation thereof.

(A) Random Drug Testing

All personnel will be required to submit to drug testing on a random basis.

1) Selection of employees for random testing will be conducted through the use of a blind random number generator or other neutral selection process and will not include more than five (5%) of employees in any given calendar month.

2) When an employee is selected for random testing, the employee shall be notified within two (2) hours after the start of his/her shift and the test shall occur before the completion of that shift.

3) An employee whose random drug test is deferred will be subject to an unannounced test within 60 days.

4) Other testing, as required by government contracts, and/or rules and regulations of federal government agencies, will be conducted under applicable terms and conditions.

5) Employees are expected to cooperate fully during a drug test. The employee will be advised that the drug test is mandatory, not voluntary. The employees will read and sign the Company’s Drug Testing consent form prior to testing. The form will include the authorization to release to the Company only those results permitted by

Federal and State laws.

6) During an alcohol/drug test, the employee will be required to provide biological specimens. All testing will be conducted by a DOT approved medical testing laboratory, with split sample integrity and chain-of-custody procedures in place to ensure proper specimen collection and handling security. Any test sample result that comes back positive will be retested to verify the accuracy of the results.

7) Where employees are found to have tested positive on a split sample random drug test, the employee shall immediately be suspended without pay. However, if a licensed medical doctor certifies in writing that the employee is unable to perform his duties, the employee shall be eligible for Short Term Disability benefits if the employee agrees to enter a Company approved rehabilitation program at the employee’s own expense and executes a last chance agreement. The employee shall be given the option of attending a Company approved rehabilitation program

(provided the above conditions are satisfied) or termination of employment.

(a) If such employee elects to participate in a Company approved rehabilitation program, the employee will be granted a thirty (30) day leave of absence without pay to attend such a program. The length of the leave may be extended up to an additional thirty (30) days upon recommendation of the rehabilitation counselor or physician. A request by a rehabilitation counselor and/or physician for an additional extension of leave without pay shall be evaluated by the Company based on its merit and will not be unreasonably denied.

(b) Upon completion of the rehabilitation program the employee will present the appropriate documentation signed by the program’s counselor or physician indicating the employee has successfully completed the program and releasing the employee to return to work. The employee will be required to take a split sample drug test prior to return to work.

Should the test results be positive the employee will be terminated.

(c) An employee who has tested positive on a split sample random drug test and successfully completed a rehabilitation program and returned to work must agree to be subject to unannounced testing once during each six (6) months of an eighteen (18) month period from his date of return to work as a condition of continued employment. If the employee tests positive in a subsequent drug test their employment will be terminated.

(B) Employee Assistance

The Company and the Union agree to cooperate in encouraging employees suffering from Substance

Abuse/Misuse Disorders to seek help from the IAMAW Addiction Services Department as the first and primary resource for members. The services provided by the IAMAW Addiction Services

Department are provided as a benefit to Bargaining Unit Members and their covered dependents.

These referral services provided will come at no additional cost to the member/dependent nor the

Company. Referrals and subsequent treatment will follow the agreed terms of the Company health plan or the plan which the employee has enrolled and is eligible.

The Company will provide the Addiction Services toll-free number and corresponding information related to points of contact. This information will be posted at each company worksite in a conspicuous area. Addiction Services will provide members and covered dependents with appropriate agencies and related resources. The purpose of these contacts will be to obtain assistance in establishing sources for drug and alcohol rehabilitation treatment, counseling and education & training programs.

Subject to the legal requirements relative to personal security clearances or as otherwise required by law (including without limitation the National Industrial Security Program Operating Manual), (1) employees seeking assistance will be assured that confidentiality will be maintained regarding their involvement with Addiction Services; (2) the confidential nature of records of employees enrolled in Addiction Services will be preserved in the same manner as all medical records; and (3) the records of employees enrolled in Addiction Services are not part of the employee's official personnel folder.

The IAMAW Addiction Services Department provides assessment, facility placement, aftercare and follow-up. The recommendations made through the Addiction Services Department are in the best interest of the member and covered dependents. Utilizing this resource is preferred and primary for

Bargaining Unit Members and Dependents. Assistance is available 24 hours a day using the toll-free number, 1-888-250-4IAM (4426).

Section 3 – New Technology

The Company and the Union agree that it is to their mutual benefit and sound economic and social goals to utilize the most efficient machines, processes, systems, methods and/or materials. In this way, the Company will be able to compete effectively in the marketplace, and, thereby, provide economically secure jobs for its employees. It is the Company's policy when possible, to assure that training is available for its employees so that they may have the opportunity to acquire the knowledge and skills required by the introduction of new technology.

In order that employees can better prepare themselves for the skill requirements of the future and in its fulfillment of its obligation to provide information to the Union, the Company will provide notification to the Union full-time Business Representative or his designee of the Company's plans for the introduction of new technology which may affect the employees. This notification will inform the Union of anticipated schedules of introduction of new technology and will identify areas of skill impacts and any training programs associated with those impacts. The Union, and its representatives, will protect the confidentiality of Company sensitive and proprietary information disclosed in the notification. The Company will provide employees in the affected classification(s) in the bargaining unit the opportunity to volunteer for the training. The Company will select employees based on factors such as ability, skill, dependability, efficiency and qualifications to attend training and perform the work involved.