Atch_05__CBA__Indyne _TWA.pdf

Attachment 5

AGREEMENT

BETWEEN

INDYNE, INC.

AND ITS SUBCONTRACTOR

GOVERNMENT CONTRACTING RESOURCES, INC. (GCR)

AND

TRANSPORT WORKERS UNION OF AMERICA

LOCAL 525

Representing Maintenance Service/Support Service Employees on the Infrastructure Operations and Maintenance Services (IOMS)

Contract at Cape Canaveral Air Force Station, Patrick Air Force Base and the Florida Annexes

1 April 2012 – 31 March 2016

TABLE OF CONTENTS

PREAMBLE .................................................................................................................................................................... ii

ARTICLE 1 RECOGNITION AND SCOPE

ARTICLE 2 MANAGEMENT’S RIGHTS

ARTICLE 3 COMPANY RULES, POLICIES, AND PROCEDURES

ARTICLE 4 UNION SECURITY AND CHECKOFF

ARTICLE 5 NO STRIKE OR LOCKOUT

ARTICLE 6 NONDISCRIMINATION

ARTICLE 7 GRIEVANCE PROCEDURE

ARTICLE 8 ARBITRATION

ARTICLE 9 DISCIPLINE AND DISCHARGE

ARTICLE 10 SAFETY AND HEALTH

ARTICLE 11 GOVERNMENT SECURITY

ARTICLE 12 MISCELLANEOUS PROVISIONS

ARTICLE 13 WORKWEEK, HOURS OF WORK, WORK SHIFTS

ARTICLE 14 LEAVES OF ABSENCE

ARTICLE 15 SICK LEAVE

ARTICLE 16 SAVINGS AND SEPARABILITY

ARTICLE 17 PROMOTIONS, QUALIFICATIONS, AND JOB VACANCIES

ARTICLE 18 WORK CLOTHING AND TOOLS

ARTICLE 19 UNION SHOP AND CHECKOFF AGREEMENT

ARTICLE 20 LAYOFF

ARTICLE 21 GROUP INSURANCE

ARTICLE 22 PENSION PLAN

ARTICLE 23 WORK WEEK

ARTICLE 24 OVERTIME COMPENSATION

ARTICLE 25 HOLIDAYS

ARTICLE 26 VACATIONS

ARTICLE 27 SENIORITY

ARTICLE 28 MEAL PERIODS

ARTICLE 29 SEVERANCE ALLOWANCE

ARTICLE 30 MISCELLANEOUS PAY PROVISIONS

ARTICLE 31 LEAD EMPLOYEES

ARTICLE 32 TERMINATION OF EMPLOYMENT

ARTICLE 33 DURATION OF AGREEMENT

APPENDIX A WAGE RATE AND ADMINISTRATION OF SAME

ATTACHMENT 1 OVERTIME PROCEDURES

ADMINISTRATIVE LETTER #1

ADMINISTRATIVE LETTER #2

i

PREAMBLE

This Agreement is entered into this first day of April 2012 by and between InDyne and its signatory subcontractor (the Company) and the Transport Workers Union of America, Local 525 (the Union) under the terms of the National Labor Relations Act, as amended, for the mutual interest of present and future employees to promote the safety and continuity of operations, to stabilize employment under reasonable hours, rates of pay and working conditions, and in the interest of the National Space effort of the U.S.

Government, to further the efficiency and economy of operations. It is recognized by the Agreement to be the duty of the Company and the employees to cooperate fully, both individually and collectively, for the advancement of these conditions.

ii

ARTICLE 1

RECOGNITION AND SCOPE

1.1 This Agreement shall apply to work performed by InDyne or any of its signatory subcontractors on the IOMS Contract at Cape Canaveral Air Force Station (CCAFS), Patrick Air Force Base (PAFB) or other Florida locations.

1.2 The Company recognizes the Union as the sole collective bargaining agent for those employees engaged as regular, full-time employees on the USAF IOMS Contract.

1.3 The work is such as servicing, maintaining, and repairing of buildings and grounds (including fixtures and equipment), including such work as carpentry, masonry, plumbing, electrical, mechanical, structural repair and coating, and cleaning: the servicing, maintaining and repairing of tools and equipment in using hand tools, power tools, and machine tools, and mobile equipment (including driving) provided by the Company including such work as fabricating, repairing, assembling, disassembling, testing, inspecting, fueling, oiling and cleaning; the servicing, maintaining, installing, and repairing of ground radio equipment; the loading and unloading of cargo (freight, Government, and Company material) and supplies, and the transportation of materials and supplies to or from work sites within the local vicinity.

1.4 Additional or new work awarded to the Company under the IOMS Contract or by the acquisition of new work at CCAFS, PAFB, and other Florida locations which involves the performance of tasks the same as existing bargaining unit employees, shall be included in the functional unit for which the Union is recognized, subject to the terms of this agreement, unless required otherwise by the NLRA. New job classifications required shall be agreed upon between the Company and the Union, and employees will be placed in the appropriate job classifications and wages. If no agreement is reached regarding the new job classifications and wage rate, the Union may process its objections in accordance with the NLRA.

1.5 Supervisors will not perform the duties of employees in the bargaining unit, other than in emergency situations or for the purpose of instructing employees. Such assistance shall not deprive a bargaining unit employee from earning overtime.

1.6 The Company and the Union agree that non-represented employees will not be assigned to displace employees in any bargaining unit covered by this Agreement or Schedule Agreement.

1.7 When work is performed on site pursuant to the terms of a warranty or lease, vendor/lessor mechanics may supervise and perform actual work on the equipment, machinery or materials under lease or warranty. This clause is not intended to eliminate or reduce any bargaining unit employee’s work under this contract.

1.8 The Union acknowledges the Company’s need for flexibility in the assignment of work to successfully perform its responsibilities under the IOMS Contract and to improve its status in competing for non-IOMS Contract work.

1.9 From time to time, in order to perform space launch readiness and support activities, IOMS Contract employees may be required to work with employees of other companies and bargaining units, such as those employed by the Institutional Services Contract on Kennedy Space Center (KSC). InDyne and its subcontractors agree that mixed bargaining unit work crews will be the exception and used only where necessary for efficient completion of Government requirements.

This does not bar the creation of specific multi-union teams for limited and clearly defined circumstances. Employees on mixed union work assignments will work as a team within their existing classifications. The union representatives affected will be notified in writing sufficiently in advance of any mixed team proposal to allow meaningful negotiation over any additional such teams or whenever the size or mission of established teams is materially modified. If no agreement is achieved in negotiations, the Company may implement its final proposal subject to the Union’s right to appeal the implementation to final, expedited arbitration.

ARTICLE 2

MANAGEMENT’S RIGHTS

2.1 The Union recognizes that it is the right and responsibility of the Company to maintain discipline and efficiency and agree that management shall have the freedom of actions necessary to discharge its responsibility for the successful execution of the IOMS Contract. Except as expressly limited by other provisions of this Agreement or the applicable Schedule Agreements, the Company retains the right to direct the workforce, including the hiring, promotion, transfer, discipline or discharge of its employees; the assignment and scheduling of work, subcontracting work, the requirement of overtime work and the determination of when it shall be worked; the right to promulgate reasonable rules and regulations and to amend or modify such rules from time to time with prior notice to the Union; and the right to direct the workforce and execute the requirements of the IOMS Contract in a safe and effective manner. Nothing in this Agreement shall be construed to prevent the Company from assigning any employee to any work area.

Nothing in this Agreement shall be construed to prevent any employee from performing work normally assigned to other classifications.

2.2 The foregoing enumeration of Management’s Rights shall not be deemed to exclude other rights of management, not specifically set forth, provided that no supplementary right of management may abridge any specific term of this agreement. In addition, the foregoing enumeration of Management’s Rights and functions is without prejudice to the Union’s duty and responsibility for the representation of employees covered by this agreement and its rights, in accordance with the law and the terms of this agreement, to process grievances, disputes or differences as to the interpretation or application of any provisions of this agreement.

2.3 The parties recognize that the use of new technology, equipment, machinery, tools, process assignment practices or labor saving devices and methods of performing work may be initiated by the Company from time-to-time on the IOMS Contract. Such technology, and training in the use of such tools, devices or methods shall be provided by the Company at no cost to the employee.

Appropriate bargaining unit employees will continue to perform such work provided they are or become qualified and unless the technical alterations change the nature of the work in a way that removes it from the scope of the bargaining unit. The Company will notify the affected Union of any such change and will be prepared to discuss the impact on the respective bargaining unit prior to implementation. Such initiatives will be implemented only for valid business purposes and shall not be a subterfuge for reducing bargaining unit work. The Union agrees that it will not impede the implementation of legitimate new devices or work methods. If there is any disagreement between the Union and the Company concerning the legitimacy of implementation of such devices or methods of work, the implementation will proceed as directed by the Company and the Union shall have the right to arbitrate the dispute as set forth in Article 8 herein.

ARTICLE 3

COMPANY RULES, POLICIES, AND PROCEDURES

3.1 Except as modified by this Agreement, InDyne’s existing work rules, policies, and procedures as published, and as supplemented by its signatory subcontractors, shall apply. These rules, policies, and procedures may reasonably be modified from time-to-time. Unless expressly adopted in this Agreement, no past practices, from the predecessor contactor(s) are carried forth.

3.2 Any rules, regulations, which are now or which may hereafter be imposed on the Company by the Government, shall apply with equal force and effect to the employees covered under this Agreement. The Company shall provide to the Union a copy of any new rules or regulations and shall meet with the Union to discuss the impact, if any, prior to implementation. The Union shall have the right to grieve the reasonableness of such rules and/or regulations.

ARTICLE 4

UNION SECURITY AND CHECKOFF

4.1 The Company agrees to union security, checkoff and Union business provisions, as set forth in the applicable Schedule Agreements. The union security provisions may vary based on sites of employment (CCAFS, PAFB and Florida Annexes). The Company will respect and enforce the respective agreements for union security and dues checkoff only to the extent allowed by law.

4.2 The Company agrees to provide dues deductions for political action committees and other legitimate purposes to the extent allowed by law and as prescribed in the attached Schedules.

4.3 In the event federal or state law is changed to permit more expansive union security arrangements than currently authorized, the Company agrees to meet promptly with the Union to negotiate modifications in the existing union security arrangements.

ARTICLE 5

NO STRIKE OR LOCKOUT

5.1 The Union hereby agrees that during the term of this Agreement, whether an unfair labor practice is alleged or not, there will be no strike, sympathy strike, slow down, walkout or any other interruption or stoppage of work on the IOMS Contract against InDyne or any signatory subcontractor, including a failure to report for work over another union’s picket line. This prohibition does not extend to informational activity away from the worksite.

5.2 The Union also agrees that it will not directly or indirectly authorize, encourage, support or otherwise approve employee refusal to report to the location of normal work assignment and to commence regular work as scheduled, where no rare or unusual physical hazard is involved in proceeding to such location or performing such work. The Union commits that the officers and agents of the Union will take immediate, good faith, and reasonable action to either prevent the occurrence or the continuation of impermissible conduct or activities set forth in this article.

5.3 The Company agrees that there will be no lockout of employees covered by this Agreement.

Nothing in this clause shall prevent the Company from implementing a layoff of employees or any other reduction in the workforce for valid business reasons.

ARTICLE 6

NONDISCRIMINATION

6.1 To the same extent dictated by applicable laws, the Company and the Union agree that there shall be no discrimination by the Company or the Union, either separately or collectively, against any employee or prospective employee because of gender, race, color, national origin, religion, age, disability, veteran status or because of union activity, membership, non-membership or refraining from engaging in union activity. Whenever the male gender is used in this agreement as a frame of reference, it shall mean either male or female without distinction.

6.2 The Company and the Union acknowledge the reasonable accommodation obligations of the Americans with Disabilities Act and the protected status of qualified applicants and employees with mental or physical disabilities. Nothing in this Agreement shall expand upon either party’s statutory obligation nor shall be construed as intending to foreclose reasonable accommodation to qualified persons with a statutory disability, provided that the Company must give the Union advance notice of any accommodation inconsistent with the terms of this Agreement and bargain with the Union in such cases to ensure that the proposed accommodation is required by law and does not unreasonably usurp the seniority rights of other employees covered by this agreement.

6.3 Any employee or the Union may file a grievance under Article 7 alleging discriminatory application of this agreement. Such grievances are encouraged and may be processed through Step 3 of the grievance procedure. Any grievance not resolved at Step 3 may be submitted by the Union to final and binding arbitration.

6.4 Any aggrieved employee who alleges discrimination in violation of any federal or state statute or regulation may opt at his sole discretion to pursue arbitration provided that the employee acknowledges in writing on a form prescribed by the Company, that the decision of the arbitrator shall be final and binding with respect to the claim of the employee and the defenses of the Company, that the employee voluntarily waives litigation of such discrimination complaint in any other forum, and that the employee holds the Union harmless from any claims associated with the employee’s decision to proceed independently. Unless the Union is a party to the arbitration, the arbitrator’s award shall not constitute a precedential interpretation of the collective bargaining agreement.

ARTICLE 7

GRIEVANCE PROCEDURE

7.1 The Union and any employee covered by this Agreement shall have the right to present to the

Company, and the Company to the Union, complaints or grievances pertaining to any matter involving interpretation or application of this agreement. Employees shall have the right to present complaints and grievances to the immediate supervisor/manager either personally or through the designated union steward. Where employees choose to file a grievance personally, the Union will be notified (by the employee) and will have the opportunity, at its sole discretion, to attend each of the three meetings called for the purpose of discussing and adjusting the grievance. Any such adjustment must be consistent with the terms of this Agreement. The parties commit to a good faith effort to resolve complaints informally before invocation of the grievance procedure.

7.2 All grievances shall be presented as soon as practicable after the occurrence of the event on which it is based, but in no event later than ten (10) working days if it is a dismissal grievance, or if the grievance arises from any other cause, no later than twenty (20) working days from the date the Union knew or reasonably should have known of the events giving rise to the grievance.

7.3 Time limits for grievances at any step, or for any response, may be extended by mutual agreement between the Union and the Company. If it is determined under the grievance procedure, including arbitration, that any adjustment in wages is appropriate, such adjustment shall be based upon existing wage rates and shall be applied retroactively to the date of the occurrence, at the discretion of the arbitrator, provided that such date is not more than twenty (20) working days prior to the date upon which the grievance was presented.

7.4 Grievances shall be processed as follows: The union steward, or designee, shall reduce the grievance to writing on a form developed mutually by the Company and the Union and submit it to the appropriate supervisor/manager. A copy must be forwarded to the Company Labor Relations Representative. The written grievance must specify (1) the facts upon which the grievance is based; (2) the section or sections of the agreement claimed to have been violated; and (3) the resolution requested.

Step 1: Between the Supervisor and the Steward.

The first step meeting shall be held within ten (10) workdays from the date the grievance is filed with the Company. The supervisor shall give the steward his written reply to the grievance within five (5) work days after the meeting. If the reply is unsatisfactory, the steward, or designee, may appeal the decision to Step 2, provided such appeal is made in writing within ten (10) work days after receipt of supervisor’s reply. Any final resolution reached with respect to any grievance at Step 1 shall only apply to that grievance and shall not become a precedent binding on other grievances in the future.

Step 2: Between the Next Level of Supervision/Management and the Designated Union Representative.

A Step 2 meeting shall be held within ten (10) work days after the Union files the written notice of appeal. The written decision at Step 2 shall be presented to the Union within ten (10) work days after the meeting. If this reply is unsatisfactory, the grievance may be appealed to Step 3, provided such appeal is made in writing within five (5) work days following receipt of the second step reply.

Step 3: Between the Company’s Program & Business Management Office Manager or Designee and the Union’s Business Representative or Designee.

A meeting at Step 3 shall be held within fifteen (15) work days after receipt by the company of the written notice of appeal. The Management Representative shall make a reply in writing not later than ten (10) work days after meeting with the Union’s business representative or his designee.

The Step 3 decision shall be final and binding on all parties concerned, unless the Union informs the company in writing within thirty (30) calendar days from the date of such final company decision, that it desires to submit the matter to arbitration.

7.5 In certain circumstances, the Union may wish to file a grievance against the Company, and the

Company may wish to file against the Union. In either case, the process shall begin at Step 3 and may be initiated only by the Labor Relations Representative or his subcontractor counterpart or the Union President or their designees. Such grievances shall be limited to issues dealing with the unit-wide interpretation or application of the agreement or to a class-wide complaint.

ARTICLE 8

ARBITRATION

8.1 Any grievance which has not been finally settled or disposed of in accordance with the steps for the grievance procedure may be submitted to arbitration by filing a timely demand with the Company Labor Relations Manager. The parties will confer promptly upon receipt of the demand to commence the process.

8.2 The parties shall promptly endeavor to select an arbitrator by mutual agreement within fifteen (15) working days of commencement. If they are unsuccessful within the time allotted, either party may request that the Federal Mediation Conciliation Service (FMCS) provide a panel of nine (9) arbitrators from which the designated arbitrator shall be chosen either by mutual agreement or, failing that, by the alternate strike method. Each party shall bear its own costs in the arbitrator selection process. Selection must be made within fifteen (15) working days following receipt of the FMCS list by the parties.

8.3 Arbitration proceedings shall be conducted pursuant to the Rules and Regulations of the Federal Mediation Conciliation Service. The arbitrator may consider only the particular issue or issues presented to him in writing by the Union and the Company. The authority of the arbitrator is strictly limited to the interpretation or application of the existing terms of this agreement and any appended Union Schedule Agreement. All other matters are expressly excluded from arbitration unless mutually presented to the arbitrator. The submission to the arbitrator shall be limited to one grievance unless otherwise agreed by the Company and the Union. The arbitrator shall have no power to add to, subtract from or modify any of the terms of this Agreement or applicable Schedule Agreement. Except for resolving disputes pertaining to wage rates for new classifications, as set forth in the Schedule Agreements, the arbitrator shall have no power to establish wage rates, job classifications, fringe benefits of any kind or any other economic or working conditions.

8.4 The decision of the arbitrator shall be rendered in writing and the arbitrator shall endeavor to render the decision within thirty (30) days after the conclusion of the hearing and the party’s submission of the record. The decision of the arbitrator, when so made, shall be final and binding on all parties provided it complies with the terms of federal and state law.

8.5 The cost and expenses of the arbitrator shall be born equally by the parties. The Union assumes the responsibility for paying employees who are called by the Union or an employee to participate in an arbitration hearing for the time spent testifying or awaiting testimony. Time spent by the grievant in other than termination cases, or time spent participating in the arbitration hearing awaiting testimony at the request of the Company, shall be treated as time worked.

8.6 When the company and the Union agree, any grievance may be processed through Expedited Arbitration.

ARTICLE 9

DISCIPLINE AND DISCHARGE

9.1 The parties agree that the Company has the right to discipline or discharge an employee, for just cause. Any employee who has been terminated or suspended shall have the right to expedite the filing of a grievance as set forth in Article 7, Grievance Procedure. Except as otherwise provided in this agreement, all other employee grievances shall be processed consistent with the contractual grievance procedure.

9.2 It is understood that an employee subjected to disciplinary action will be entitled, upon his request, to representation by a designated union representative.

9.3 An employee subjected to lost time discipline (suspension or termination) shall be furnished with a statement in writing setting forth the conduct or circumstances upon which such action is based.

9.4 The provisions of this Article do not apply to any employee still in the probationary period.

9.5 All letters regarding an employee’s personal credit and/or discipline (warning or suspension) will cease to have effect, for progressive disciplinary purposes, after a period of one (1) year from date of issuance, provided that there has been no related repetition of such conduct or circumstances during the applicable one (1) year period, except that records relating to vehicular accidents in government vehicles or equipment or in a work status shall have an effective period of two (2) years. Employees must request (through Human Resources) the disciplinary letter be removed from their file after the effective period.

ARTICLE 10

SAFETY AND HEALTH

10.1 The Company recognizes its responsibility to provide a safe and healthful working environment for employees. The Union also recognizes its responsibility to cooperate with the company in maintaining and improving a safe and healthful working environment. The parties agree to use their best efforts to achieve these objectives. Both parties agree that reasonable safety rules of the Company, which are not inconsistent with federal or state law, shall be complied with by all employees.

10.2 Employees taken ill or injured on the job will be assisted to receive appropriate medical attention.

If such medical attention is rendered during regular working hours, the time spent during that work day shall be treated as time worked.

10.3 In accordance with the Drug-Free Workplace Act of 1988 and other federal regulations, the Company and the Union agree to exercise their best efforts to provide a workplace that is free from the illegal use, possession or distribution of drugs or other controlled substances or the misuse of prescription drugs and that is free from the influence of alcohol. The Union agrees to implementation of the Company’s published Drug Policy dated October 1, 2008. Any substantive amendment to the policy is subject to sixty (60) days advance notice to the Union, unless otherwise required for compliance with federal or state law or regulation. In the event the parties cannot agree to a proposed amendment, the employer may implement its last proposal pending the Union’s right to pursue arbitration. Any required drug test must be conducted by laboratories certified by the United States Department of Health and Human Services for such purposes and pursuant to the procedures of the Mandatory Guidelines for Federal Workplace Testing, as amended, set forth in the Code of Federal Regulations. Any alcohol testing will be conducted in accordance with U.S. Department of Transportation Regulations.

ARTICLE 11

GOVERNMENT SECURITY

11.1 The Union acknowledges that InDyne and its signatory subcontractors have certain security obligations on its contracts with the Department of Defense and that industrial and governmental security is vital to the IOMS Contract program. The Union agrees that in the event that representatives of the appropriate governmental agency concerned with security, advise or have advised the Company, in writing, that any employee in the bargaining unit covered by this agreement is denied work on or access to classified information, material, restricted areas or an employment related clearance, that such employee shall be immediately removed from that position. The employer shall endeavor to locate an alternative position consistent with the security restriction, provided that if no such position is available, the employee may be released for just cause.

11.1.1 For purposes of this Section, employees who are permitted access with an authorized escort shall not be removed provided there are personnel available to serve as escort without additional time requirements and within the scope of the employee’s regular job duties.

11.2 It is understood that there shall be no liability, financial or otherwise, on the part of the Company for any suspension, change in status, or transfer growing out of a denial of work on or access to classified information, material or restricted areas for any unallowable expenses incurred by the Company as a result of InDyne’s and its signatory subcontractor’s compliance with Government Security directives. Lost work time because of a denial or withdrawal of security clearance by the appropriate governmental agency shall not be subject to the grievance and arbitration procedures, except for issues pertaining to the Company’s receipt of documentation from the Government or the Company’s efforts to locate alternate employment.

11.2.1 Nothing in this Agreement shall preclude the employee from pursuing any legal remedy he may have against any agency, organization, or person outside the Company by virtue of any suspension, termination, or change in status under this Article.

11.3 InDyne, its signatory subcontractors, representatives of the Union having access to the premises, and all employees are required to comply with the applicable government security regulations on the IOMS Contract. The Company and the Union agree that security information will be revealed only to persons properly cleared and required to have the information by the government. If an employee has not been granted necessary security clearances in all work areas required to perform the employee’s job duties within one year from the date of employment or the date of request, the employee may be released for just cause.

11.4 Any security rules, regulations or directives imposed on the Company by the United States Government, which apply to the IOMS Contract activities, shall be provided to the Union and apply with equal force and effect to the employees covered by this agreement.

ARTICLE 12

MISCELLANEOUS PROVISIONS

12.1 The Company will provide bulletin boards for the use of the Union at mutually agreed locations.

Their use will be restricted to the following:

12.1.1 Notices of Union recreational and social affairs.

12.1.2 Notices of Union elections and their results.

12.1.3 Notices of Union meetings.

12.1.4 Notices regarding Union business signed by the President or principal officer.

12.1.5 Any other information which is mutually agreed to by the Labor Relations Manager or his designee and the Union representative.

12.2 Any inventions or other intellectual property developed during the course of an employee’s duties on the IOMS Contract or otherwise relating to work performed on the IOMS Contract shall be owned by InDyne, and its signatory subcontractors or the appropriate governmental agency.

12.3 The Union agrees to report to the Company when it has knowledge of any threats or acts of sabotage or damage to, or the unauthorized or unlawful taking of, Company, Government or other employee property. The Union further agrees, if such acts occur, to use its best efforts in assisting to identify the person or persons responsible and to cooperate with the Company or government investigation.

12.4 The Company may provide limited duty assignments to employees with a disability subject to job/position availability. Such assignments shall be for an initial duration of up to ninety (90) days but may be extended by mutual agreement between the Company and the Union. Such assignments must be within the scope of the employee’s job qualifications and medical limitations. Employees on limited duty will receive full benefits while on active pay status but will earn vacation and sick leave credits only if they work at least fifty percent (50%) during each calendar month. Normally, limited duty employees will be excluded from overtime; however, if the limitations do not impact his normal job duties, he will be eligible for overtime.

12.5 All employees shall have access to and the right to inspect his/her personnel record in the presence of a company representative during normal business hours. An employee will not be entitled to remove or photocopy any portion of his personnel file, except for the employee’s own application and resumé.

12.6 Any rules or regulations which are now or which may hereafter be imposed on the Company by the United States Government shall apply with equal force and effect to the employees covered under this Agreement. It is recognized that such rules and regulations shall apply only when initiated by and directed from the U.S. Air Force or NASA. The Company shall provide the Union with a copy of any new Rules and/or Regulations and shall meet with the Union to discuss the impact, if any, prior to implementation. The Union shall have the right to grieve the reasonableness of such Rules and/or Regulations.

ARTICLE 13

WORKWEEK, HOURS OF WORK, WORK SHIFTS

13.1 The Company agrees that consistent with meeting the requirements of the IOMS Contract, every reasonable effort will be made to arrange work schedules so that a maximum number of employees will be assigned to shifts Monday through Friday. Each employee shall have two (2) consecutive scheduled days off in each workweek. Where employees are required to maintain continuous operations or assignments, days off may be adjusted consistent with the requirements of the IOMS Contract.

13.2 The normal workweek for employees covered by this Agreement shall consist of not less than forty (40) hours in five (5) consecutive days. Each work day shall consist of eight (8) consecutive hours, exclusive of meal times. Once an employee’s workweek is established, it will remain fixed but may be changed for valid business reasons with a minimum of five (5) days prior notice.

13.3 Absent mutual agreement, workweeks will not be scheduled back to back to require more than five (5) consecutive days of work. Nor shall employees be required to suspend work during regularly scheduled hours to avoid overtime.

13.4 The payroll workweek for all employees shall begin at 12:00 midnight Friday and end at 12:00 midnight the following Friday (i.e., seven (7) consecutive calendar days, Saturday through Friday, inclusive).

13.5 Each employee shall be assigned to a shift with designated times of beginning and ending. The designated time for beginning each shift shall be a period of time within the following schedule:

13.5.1 First shift shall commence between 6:00 am and 9:00 am

13.5.2 Second shift shall commence between 2:00 pm and 5:00 pm

13.5.3 Third shift shall commence between 10:30 pm and 1:30 am the following day.

13.6 Rest periods will be designated by the Company before and after the scheduled meal period on each shift in accordance with the applicable Schedule Agreements.

13.7 Any employee assigned to work on a non-regular workweek (other than Monday through Friday) shall earn a premium as specified in the applicable Schedule Agreement. In scheduling a non-regular workweek, the Company will first attempt to meet its non-regular workweek assignments on a voluntary basis among the employees regularly performing the work. The most senior qualified volunteer will be given preference from among the volunteers. In the event there are insufficient volunteers to meet the requirement, the supervisor may designate and require the necessary number of employees to work the non-regular workweek in inverse order of seniority, among the qualified workforce.

13.7.1 The maximum number of employees assigned to a non-regular workweek shall not exceed nineteen percent (19%) of the bargaining unit, without union agreement. If additional employees are needed to meet operational requirements, then the Company shall inform the Union and the parties will meet promptly to discuss the reasons for increasing the percentage. The Union agrees that such approval will not be unreasonably withheld. If the Company feels it has a business reason for making a significant change to an individual shop or classification, there will be a meeting with the Union and senior Management prior to implementation.

13.8 Any employee who reports for work during a base closure shall receive a special pay differential of seven dollars and fifty cents ($7.50) per hour in addition to any other pay entitlement they may have for such an assignment.

13.9 The Company will recognize employees as stand-by representatives for their work centers based upon Company needs. Employees assigned stand-by duties are considered on-call for immediate availability. Stand-by employees shall carry a company-provided cell phone or pager for contact purposes and they must be available for “call out” duties outside their normal duty day.

Employees receiving stand-by pay are required to be on-site at CCAFS within one (1) hour of being notified by the IOMS Duty Office or management. A stand-by period will consist of seven

(7) consecutive days. Departments may internally manage fair and equitable distribution of work according to work requirements and individual schedules. For example, exchanging weeks or days between employees is coordinated between the employee(s) and their supervisor. The Company will make every attempt possible not to assign an employee to more than two consecutive stand-by periods, however, the employee retains the right to volunteer for consecutive stand-by periods.

Hours paid to employees in stand-by status:

(a) Employees will receive a stand-by premium equal to six (6) hours of their base rate of pay for the week they are assigned stand-by duty.

(b) Employees are responsible for coding the stand-by premium on their base hours charged in e-Time.

(c) In the case where an employee is unable to fulfill the stand-by requirement for a given day due to illness or medical emergency, the employee will not charge the stand-by premium for that day. An employee, who substitutes the stand-by duty requirement for that day, will charge the stand-by premium only for that day. The substitute employee will receive a stand-by premium equal to 1.2 hours of their base rate of pay for the day they are on stand-by.

13.10 The following criteria shall be used for determining hours worked for employees who work with hazardous systems, materials, or components, or who accomplish critical prelaunch functions that require a high degree of concentration. For purposes of clarification, the following is relevant work as performed on the IOMS contract:

(a) Hazardous Systems: High Voltage Electrical

(b) Hazardous Materials: Ordnance

(c) Hazardous Components: Searchlights

(c) Prelaunch Functions: Lifting Flight Hardware or Launch Mission Support Equipment, such as Radars

Employees working fourteen (14) consecutive days while performing work as described above, or prior to performing work as described above, shall receive one (1) full day off with pay on the next scheduled work day. In the event mission impacts or operational requirements necessitate 12-hour shifts, employees shall be provided one (1) day off with pay on the next scheduled work day following six (6) consecutive 12-hour shifts. Deviations from this policy will require approval by the Contract Manager or his designee.

13.11 For non critical operations, any employee that works fourteen (14) consecutive days shall receive one (1) full day off with pay on the next scheduled work day. In the event operational requirements necessitate 12-hour shifts for non critical operations, employees shall be provided one (1) day off with pay on the next scheduled work day following seven (7) consecutive 12-hour shifts. Deviations from this policy will require approval by the Contract Manager or his designee.

13.12 Waiver authority to deviate from any maximum work hour restrictions, based upon mission requirements, must be approved by the Contract Manager or his designee.

ARTICLE 14

LEAVES OF ABSENCE

14.1 No application for leave of absence will be considered unless it is applied for in writing on forms provided for that purpose. Whenever practicable, all leaves except Death in the Immediate Family, should be requested one (1) week prior to leave or as soon as the employee has notice of the need for leave. The request form will specify the type of leave, the dates of start and return from leave and will be signed by the employee or someone acting on his behalf. The Company’s response to the leave application will be provided in writing.

14.2 Leaves of absence shall be granted at the discretion of the Company, except for those categories of leave mandated in this Agreement or as required by law. The Company reserves the right to investigate and request from the employee, documentary proof of the conditions verifying the basis for the leave.

14.2.1 Employees who have completed ninety (90) days of satisfactory service are considered eligible for consideration for leaves of absence as hereinafter defined.

14.3 Except as described below, a leave of absence is time off without pay for an amount of time appropriate to the circumstances. The leave may be with or without benefits, depending on the circumstances and applicable law. Employees on leave without pay for the entire pay period shall not accrue time off benefits (i.e., vacation, sick leave) while on leave. Leave accruals for employees on partial weeks of leave without pay will be prorated. Any extension in approved leave must be by mutual written agreement.

14.3.1 Any employee on a leave of absence for thirty (30) days or more shall, not later than two (2) weeks prior to his scheduled date of return, confirm to the Manager of Human Resources the date of his intended return to active employment. Any request to change the scheduled date of return or intention to resign should be reported as soon as known. Employees returning from a leave of absence shall be restored to the job last held, provided the employee has seniority to hold that position. Employees who are not able to return to the same position under this paragraph shall be entitled to exercise seniority rights as specified in the applicable Schedule Agreement.

14.3.2 Those employees returning from a medical leave of absence must furnish a signed work release from his treating physician. The release should state employee’s ability to perform full duty, or light duty if applicable, listing specific restrictions and the duration of the light duty period. Employees must coordinate approval of light duty restrictions with Human Resources prior to returning to work. The Employee will make arrangements through Company HR to be examined by Company’s designated physician before returning to work, if physical fitness for resumption of employment is in question by the Company.

14.3.3 Any employee returning from a medical leave of absence who is unable to perform the job last held due to medical limitations may be considered for any available positions that he is qualified to perform or for limited duty as specified in Article 14.5.

14.4 Employees on leaves of absence will be terminated if they have:

14.4.1 Failed to furnish a true statement of the reasons for leave.

14.4.2 Accepted other employment while on leave without the approval of management.

14.4.3 Failed to return to work at the expiration of leave.

14.5 Types of Leaves of Absence

14.5.1 Medical Leave of Absence

Time off will be provided for documented sickness or injury to the employee or family member which renders an employee unable to perform work. Said period shall not exceed one (1) year, but may be extended month-to-month for up to an additional twelve (12) months, subject to the requirements of the IOMS Contract, provided the employee’s unrestricted return to duty is reasonably foreseeable within the period of extension. Medical insurance will continue during time on an approved Medical Leave of Absence. The employee must continue to pay his share of premiums and co-payments during this period.

14.5.2 Military Leave of Absence

Time off for active duty while in the Armed Forces. The leave of absence form will be made out for the duration, which will agree exactly with the period of enlistment on the military orders, for a maximum of four (4) years, barring involuntary extensions. At the expiration of this leave, the employee is expected to report his status either by returning to work at the expiration of his temporary duty; by returning to work within ninety (90) days of his discharge and submitting proof of satisfactory service; or by requesting an extension of leave of absence due to continuing military obligations of an involuntary nature.

A military leave does not cause a break in service, providing the employee returns to work in accordance with the terms of his leave and the Selective Service Acts.

14.5.3 Military Training Absence

An employee who is a member of a reserve component of the Armed Forces or the National Guard, who is required to enter active annual training duty or temporary special services, shall be paid his normal straight-time earnings up to a maximum of ten (10) work days each calendar year. Employees serving on short-term military training duty shall be paid the difference between the total military base pay received and their regular base rate of pay, providing military pay does not exceed regular base pay. Such items as subsistence, rental and travel allowance shall not be included in determining pay received from State or Federal Government. Continuous service credit and seniority will accumulate during such military training absence.

14.5.4 Death in the Immediate Family

An employee shall be granted three (3) days paid leave due to death in the immediate family. Two (2) additional paid days will be granted if the employee is required to travel outside the State of Florida to attend the funeral, memorial service or to assist with bereavement details. The immediate family shall include spouse, mother, father, current step-parents, current mother-in-law or father-in-law, children, current step-children, brother, sister, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparents, spousal grandparents, grandchildren, and (if living in the employee’s home) foster children.

The employee shall be required to furnish proof acceptable to the Company, upon request, that such death has occurred and he has attended at the place of interment.

14.5.5 Leave of Absence for Union Representatives

Any employee appointed by the President or principal officer of the Union representing the particular unit, or selected for a full-time Union position for a period of time necessary to fill such a position, shall be granted a leave of absence. Continuity of service and full seniority privileges shall be retained and accumulated during such leaves of absence. When a representative’s period of service ceases, the Union shall immediately notify the Company in writing and if application is made, within ten (10) days, thereafter, said employee will be given re-employment to his former position, if same still exists, or a comparable position in accordance with seniority privileges, at the wage rate applicable at the time of his return. The number of employees to be granted such leaves of absence shall not exceed two (2) at any one time for any union except by mutual agreement between the Company and the Union.

14.5.6 Temporary Leave of Absence for Union Business

The Company will grant a temporary leave of absence without pay for union business (training, conferences, schools, and conventions). Requests shall be made in advance, shall not be unjustly denied, and shall be for a period of sixty (60) days or less. This may be extended to ninety (90) days by mutual agreement.

14.5.7 Jury Duty

Employees who are called to Jury Duty shall be excused from work for such purposes and will be paid eight (8) hours pay per day at their regular straight time rate. Prior to the scheduled jury duty, the employee must submit a Jury Duty Leave Form and a copy of the court order summons to appear for jury duty to the Payroll Office. Upon returning to work after jury duty, the employee must submit documentation from the Clerk of the Court certifying the employee performed jury duty.

14.5.8 Personal Leave

Where the Company finds that a personal leave request is justified by undue hardship, unique opportunity, career development, or other compelling circumstances and provided there is no conflict with IOMS Contract requirements, a personal leave of absence (unpaid) may be granted, at the Company’s discretion, for a period not to exceed six (6) months, subject to an additional six (6) month extension. Continuous service credit and seniority shall be fixed effective the first day of leave and shall be recaptured the first day of reinstatement. There shall be no accumulation during the period of personal leave.

14.5.9 Witness Leave

An employee subpoenaed as a witness in a federal or state court of law in the state in which he is working will be paid eight (8) hours pay at his current straight time base rate, including shift differential where applicable, for each regular work day for which he is paid a daily witness fee. Witness fees will not be deducted from such pay. This Article will not apply in instances where the employee is called as a witness on his own behalf in an action to which he is a party or where he voluntarily seeks to testify as a witness.

In addition, any employee who is called to testify against the Company shall not be paid for this time. The employee will furnish to the Company evidence satisfactory to the Company showing his attendance as a witness that meets the requirements of this Article. To receive pay for work time lost, employee(s) must provide the Company with a statement signed by an official of the court certifying as to the employee’s service as a witness or appearance in a court for that purpose and the date or dates of attendance.

ARTICLE 15

SICK LEAVE

15.1 Employees on the active payroll and in a pay status shall be entitled to a sick leave credit of 3.69 hours per pay period (twelve {12} days per year). An employee is in pay status when he performs compensable work or receives paid leave during such pay period. An employee who is receiving Short Term or Long Term Disability benefits and/or workers compensation benefits will not be considered in pay status, for the purposes of earning sick leave credit.

15.2 New Hire employees will accrue sick leave credits during their probationary period; however, they may not use these credits until they have completed ninety (90) days of their probationary period.

Sick leave accumulated under the IOMS contract will not be paid at the time of termination.

15.3 Use of Sick Leave

15.3.1 An employee may use sick leave credits as soon as they are earned, provided they have completed ninety (90) days of their probationary period.

15.3.2 It is the…