Atch_07_CBA_Yang _SPFPA.pdf

Attachment 7

LAUNCH OPERATIONS SUPPORT CONTRACT

Collective Bargaining Agreement

Between Yang Enterprises Inc.

And

International Union Security Police and Fire Professionals of America

And its Amalgamated Local Union 127

Effective

May 31, 2013 through May 31, 2016

Table of Contents Agreement Article I: Purpose Article 2: Recognition Article 3: Management Rights Article 4: Equal Treatment Article 5: Union Representatives Article 6: Grievances Article 7: Arbitration Procedure Article 8: Leaves of Absence, Jury Duty and Funeral Leave Article 9: Wages Article 10: Hours of Work and Overtime Article 11: Overtime, Overtime Equalization & Scheduling of Additional Hours Article 12: Shift Preference and Scheduling Article 13: Paid Personal Leave (PPL) Article 14: Holidays Article 15: Benefits Article 16: Uniforms and Equipment Article 17: Strikes and Stoppages Article 18: Seniority Article 19: Training Article 20: General Provisions Article 21: Legality Article 22: Union Security Article 23: Dues Check Off Article 24: Report of Physical Examination Article 25: Severance Pay Article 26: Duration of Agreement

THE EMPLOYER/SPFPA

AGREEMENT

This Collective Bargaining Agreement (CBA) is entered into this 3151 day of May 2013 between Yang Enterprises Inc., (hereinafter referred to as "the Employer"), and the International Union, Security, Police, and Fire Professionals of America (SPFPA) on behalf of itself and its Amalgamated Local Union No. 127, thereof (herein sometimes referred to as the "Union").

Article 1: Purpose

The purpose of this CBA is to establish and maintain harmonious collective bargaining relations between the Employer and the Union, to provide for the peaceful adjustment of any differences which may arise between them and to set forth the basic agreement between the parties covering rates of pay, wages, benefits, hours of work and other conditions of employment.

Article 2: Recognition

The Employer recognizes the Union as the exclusive representative of all full-time and regular part-time officers for the purpose of collective bargaining in respect to rates of pay, wages, benefits, hours of employment and other conditions of employment in the bargaining unit, for which the Union is currently certified by the National Labor Relations Board Case Number_ 12-RC-9038 or is voluntarily recognized by the Employer as the exclusive representative of the employees in the bargaining unit.

For purposes of this CBA the term "officer" shall include and be limited to only those individuals for whom the Union has been certified by the NLRB or is voluntarily recognized by the Employer. The term "officer" shall not include categories of employees expressly excluded by the NLRB unit definition. The term "officer'' shall include any member of the unit who works ten (10) or more hours per month at any represented facility. Except as otherwise authorized by this CBA, the Employer personnel not represented by the Union shall not perform work traditionally performed by the bargaining unit if such assignment would result in the failure to replace departed unit officers, layoff of an officer or reduction in the regular, straight time work opportunity of a full time bargaining unit officer in any work week.

Article 3: Management Rights

Management of the business and direction of the security forces are exclusively the right of management. These rights include the right to:

(a) Hire

(b) Determine the number, location, and types of guard posts

(c) Direct the working forces and manage the business

(d) Assign work

(e) Discontinue temporarily or permanently any posts

(f) Maintain order and efficiency of operations

(g) Determine the number of shifts and the starting and quitting times of each shift

(h) Require officers to observe Company rules and regulations as are presently in effect or which may be changed or modified from time to time.

(i) Decide on the supplies or equipment to be used

(j) Determine the size of the workforce, including the number of officers assigned to any particular shift.

(k) Determine when overtime shall be worked

(I) Discharge, discipline or suspend for just cause

(m) Implement technological changes and innovations

(n) Subcontract work to meet temporary or short term, surge requirements of less than ninety (90) calendar days.

The above rights of management are not all-inclusive, but indicate the type of matters or rights, which belong to and are inherent to management. Any of the rights, power or authority the Employer had prior to the signing of this Agreement are retained by the Employer except those specifically abridged or modified by this Agreement and any supplemental agreements that may hereafter be made.

The Employer's failure to exercise any function reserved to it shall not be deemed a waiver of any such right.

The Union does not relinquish its rights as granted under the NLRA, as amended, on any of the above ("A" through "N"), or other issues, as may be claimed herein, or hereafter by management.

Article 4: Equal Treatment

It is the policy of the Employer and the SPFPA that the provisions of this CBA be applied to all officers covered by this CBA without regard to race, color, religion, age, sex, national origin or disability.

This CBA shall not be a barrier to the Employer offering a reasonable accommodation to any qualified officer or applicant with a disability, provided that, in the event the Employer extends such accommodation in any manner that conflicts with the terms of this CBA, the Union shall be provided advance notice and be given the opportunity to explore other alternative accommodations prior to implementation.

Article 5: Union Representatives

The Union agrees that neither the Union, nor any of its members, will intimidate or coerce officers in their right to join a labor organization or refrain from such activity.

Except as specifically provided, Union business shall not be conducted during working time or in working areas if it interferes with security responsibilities without the consent of the shift supervisor.

For the purpose of adjusting complaints in accordance with Article 6, Grievances, the Union shall be entitled to be represented by one (1) representative and (1) Alternate representative on each shift. The Local Union may also designate a chief steward who may substitute for the representative at any step. The Alternate shall function only when the representative is absent from the plant, or when the Alternate is representing the representative.

No probationary officer may serve as a representative, chief steward or

Alternate. The Union is responsible for notifying the Employer in writing as to the individuals officially designated to act as representatives or chief stewards. An officer shall not be permitted to engage in representative or chief steward duties until such notification is received.

A representative, in addition to performing regular security duties, shall be permitted during working hours to investigate and assist in the settlement and presentation of complaints and grievances in accordance with the grievance and arbitration procedures of this CSA. The time will be devoted solely to the prompt handling of legitimate complaints and grievances and will not be abused. The representative will continue to work at their assigned duties at all times except when permitted by their site supervisor to leave their work after appropriate arrangements are made to cover the representative's security responsibilities.

Any representative having an individual grievance in connection with his own work may ask for the Alternate or chief steward to represent him in accordance with the provisions of this Article 5.

The representative, chief steward or Local President shall notify supervision whenever they enter, or remain in, the work area for the purpose of handling an individual grievance or complaint at any time other than during their regular shift.

The affected officer may request the presence of a representative at any disciplinary meeting. If requested, the Employer will contact the Union representative. If no representative is available within thirty (30) minutes, the officer will be provided a witness. Management shall suspend further discussion with such officer until arrangements can be made for Union representative or witness participation.

Article 6: Grievances

In order to establish effective machinery for a fair, expeditious and orderly adjustment of grievances, the Employer and the Union agree that in the event a dispute arises between the Employer and an officer or between the Employer and the Union regarding the interpretation or application of any provision of this Agreement, it will be settled by the following procedures.

Officers are encouraged to approach their immediate supervisor directly to attempt to resolve complaints informally without invocation of the formal grievance process. Any resolution shall be non-precedent setting. Any officer may elect to consult with their representative regarding a specific complaint and the supervisor will make arrangements for such consultation without undue delay. Officers may also request that their representative handle a specific complaint with the immediate supervisor. In such cases, the supervisor will make prompt arrangements to confer with the representative and the officer.

Disciplinary Actions: Copies of Disciplinary Actions, which include Oral Reprimands, Written Reprimands and Discharges, shall be provided to the officer. Copies of Disciplinary Actions will be mailed (via regular mail) to the Local President. Copies of such actions shall be maintained in the officer's personnel file at the Employer's corporate office. After a period of twelve (12) months, following the date of issuance, Disciplinary Actions shall be removed from the Officer's file. Multiple Disciplinary Actions documenting a recurring offense will be retained in an Officer's file until 12 months following the date issuance of the last recurring offense. An officer who files a grievance protesting Disciplinary Actions shall be entitled to review their disciplinary file and receive copies of current Disciplinary Actions.

(a) All disciplinary action must take place within seven (7) workdays after an officer is put on notice or it is void. The time frame may be extended by mutual agreement.

Step 1: If the complaint cannot be resolved informally, it shall be reduced to writing on the prescribed grievance form, dated, and signed by the representative and the aggrieved party. The written grievance shall summarize the pertinent facts, specify the contractual provisions allegedly violated, and specify the relief requested. The Employer may return, without action, grievances not containing the minimum information specified. Grievances must be presented to the Employer's designated site representative within ten (10) workdays. A meeting shall be arranged within five (5) workdays of the Employer's receipt of the written grievance. The representative or the chief steward and the site supervisor shall attend the meeting. The Employer shall give a written response to the grievance within five (5) work days after the Step One meeting. If the matter is not resolved at Step One, it may be referred in writing to Step Two by serving a notice of appeal (to the appropriate Employer representative.)

Step 2: Should the grievance remain unresolved, it shall be referred, within seven (7) work days of receipt to the Employer's response, to the appropriate Employer representative who shall arrange a meeting with the designated Local and International Union representative at the earliest convenient date and location. The parties will make every reasonable effort to schedule such meeting within fourteen (14) workdays. The Employer representative shall reply within seven (7) workdays after the Step 2 meeting.

Step 3: Should the grievance remain unsettled after the Step 2 meeting or should a meeting not be held within ten (10) work days, the Local President or International Representative may refer the grievance to arbitration by serving a written demand for arbitration on the (appropriate Employer representative.) The demand must be mailed within fourteen (14) work days after the Step 2 response or twenty-eight (28) calendar days after referral of the matter to Step 2, whichever is later.

Promptly after receipt of a demand for arbitration, the Employer Director of Labor Relations and the International Representatives, or their designees, shall prepare a joint "Statement of Unadjusted Complaint", which sets forth the pertinent facts surrounding the complaint, the provisions of the contract allegedly violated, and the respective positions of the parties.

The parties agree that any grievance shall be considered withdrawn if not filed and processed by the Union in strict accordance with the time limitations set forth above. Failure of the Employer to act within the time limit set forth in any step shall entitle the Union to proceed to the next step of the grievance procedure.

Any time limit may be extended by mutual written agreement between the Employer and the Union. For purposes of this Article, "days" unless otherwise specified shall mean the administrative days of Monday through Friday during regular first shift hours, excluding holidays.

Any grievance involving a discharge, layoff or other action which may accumulate back pay liability, or any grievance filed by the Union in its representative capacity on behalf of a group of officers will proceed directly to the Step 2 meeting within seven (7) work days after a written grievance is submitted to the Employer.

Upon completion of the second step grievance meeting where the Union and the Employer agree to terms of financial settlement and upon receipt by the Employer of the Union's sign off on the grievance, whether by fax or as an original, the Employer agrees to issue payment to the grievant within thirty calendar days of receipt of the Union's sign off.

Article 7: Arbitration Procedure

The parties hereto shall choose an arbitrator by mutual agreement within fifteen

(15) work days from the date of the Employer's receipt of the Union's written appeal to arbitration. If the parties are unable to agree, then either party may file for a list of Arbitrators with the Federal Mediation and Conciliation Service (FMCS). The arbitrator shall be selected in accordance with FMCS rules of procedure.

The arbitrator shall have no power to add to, or subtract from, or modify any of the terms of this CBA or to rule on any matter except while this CBA is in full force and effect. The arbitrator's decision shall be based exclusively on evidence presented at the arbitration hearing. The arbitrator's decision shall demonstrate that they have thoroughly considered the arguments advanced by each party and cite the provisions of the CBA serving as the basis for the decision.

The Arbitrator shall have no power to establish or change wage rates or wage scales or benefits.

The decision of the arbitrator shall be issued as promptly as possible. The decision shall be final and binding upon the Employer, the Union, and the grievant.

The compensation of the arbitrator and expenses incidental to the arbitration shall be borne equally by the parties. Each party shall bear the expense of preparing its case and shall make arrangements for and pay the expenses of witnesses called by them.

All awards of back wages shall not commence any sooner than ten (10) workdays prior to the date of the written grievance, unless the circumstances of the case are such that the grieving party was unaware of the existence of the claim prior to that time. Back wages shall be limited to the amount of wages the officer would otherwise have earned from employment with the Employer less any unemployment compensation, intervening earnings or other off-sets deemed appropriate by the arbitrator.

Unless the parties agree in writing to the contrary, an arbitrator may hear only one (1) grievance in any one (1) proceeding.

The parties may mutually agree to explore non-binding mediation as an alternative prior to arbitration.

The parties further agree to establish a standing panel of Arbitrators, geographically listed, that either party may remove at any time.

EXPEDITED ARBITRATION PROCEDURE

This procedure shall be followed whenever both parties agree to arbitrate under them and shall be applied as set forth below.

1. By submitting a case to Expedited Arbitration, each party agrees to waive their right to a full and customary arbitration.

2. The appointment, authority and payment of fees of a neutral Arbitrator shall follow Article 6, Step 3, of the CBA.

3. The Arbitrator shall be informed of the expedited status of the arbitration case(s) when first contacted for scheduling and a copy of these procedures, together with a copy of the latest and/or pertinent CBA, shall be sent to the Arbitrator for immediate review.

4. The date, time and place of the hearing shall be by mutual agreement of all parties.

5. There shall be no stenographic record of the proceedings.

The hearing shall be conducted by the Arbitrator in whatever manner will most expeditiously permit full representation of the evidence and arguments of the parties. Normally, each party shall have no more than forty-five (45) minutes (per case) to present their evidence and arguments. Each party shall also be entitled to a ten (10) minute summation, or closing argument, per grievance case and the proceedings, overall, shall be completed within one (1) day.

No more than three (3) cases (three separate issues) shall be heard by the Arbitrator during a single proceeding. In unusual circumstances and for good case shown, the Arbitrator may schedule additional hearing time normally to be held within seven (7) work days, or as agreed to by the parties.

Once either party has presented evidence in support of its case, there will be no adjournments, or postponements of the hearing.

Evidence may be received by stipulation. Affidavits may be received and considered in evidence, with appropriate weight given to any objections made.

Each party shall designate a representative (per case) as that party's lead presenter/advocate. The total number of witnesses, per party, shall be limited only by time.

There shall be no post-hearing briefs.

The individual case award(s) shall normally be rendered promptly by the Arbitrator at the end of the day's proceedings. The Arbitrator may elect a delay of not more than three (3) work days form the date of the closing of the hearing.

The opinions(s) and award(s) shall be in writing and shall be signed by the Arbitrator. The opinion(s) shall be in summary form with copies to each party.

All expedited arbitration awards shall be binding upon both the Company and the Union and, unless otherwise agreed, by the parties prior to the hearing, shall not set precedence on the issue.

Example:

GRIEVANCE($) TO BE HEARD;

CASE A) # -SP-

CASE B) # -SP-

CASE C) # -SP-

These expedited arbitration procedures are agreed to for the above case(s), on this date:

President, Local #127 Security Police Fire Professionals of America

Manager, Human Resources Yang Enterprises, Inc.

Article 8: Leaves of Absence, Jury Duty and Funeral Leave

Medical Leave: the Employer will grant a Medical leave of absence to regular officers who are unable to work due to physical disability resulting from illness or injury, provided such disability is confirmed by a duly licensed physician specifically describing the reasons for the officer's disability to work during such period.

Extended Medical Leave: Officers whose medical condition necessitates a leave greater than twelve (12) weeks shall be eligible for Extended Medical Leave of up to 12 weeks for a total of 24 weeks in a 12 month period.

Application for Extended Medical leave must be supported by a detailed doctor's certificate. Supplemental medical certificates may be required every four weeks thereafter. Any time an officer requests a medical leave, the Employer reserves the right to require an examination by a physician of the Employer's choosing, at the Employer's expense, as a condition of leave. If the two physicians do not agree on the need for leave, an Independent Medical Officer (IMO) selected by the two physicians shall examine the officer. The IMO's opinion shall be final and fees shall be divided equally between the Employer and the Union. Medical, Dental, Vision, Disability and Life Insurance coverage for officers on extended medical leave may be continued at officer expense. The officer must provide at least one week's notice of intent to return from extended medical leave.

Family Medical Leave: the Employer and the Union acknowledge that the provisions of the Family Medical Leave Act of 1993 apply to the officers working under this CBA. The Employer and officers will comply with the provisions of the Family and Medical Leave Act (FMLA). The Employer and the Union commit to meet to resolve potential conflicts between the Family Medical Leave Act and this

CBA.

Americans with Disabilities Act: the Employer and the Union acknowledge that the provisions of the Americans with Disabilities Act of 1990 apply to the officers working under this CBA. The Employer and the Union commit to meet to resolve potential conflicts between the American with Disabilities Act of 1990 and the

CBA.

Personal Leave: the Employer will grant a Personal leave of absence, in weekly increments, upon request, for just cause, provided the services of the officer are not immediately needed, other competent officers are available to do their usual work, and the officer has exhausted all paid personal leave. Where possible, such leave shall be requested, in writing, at least seven (7) calendar days in advance. Just cause for personal leaves shall include leave to attend to the needs of parents, spouse, or child with a serious health condition, or for the birth of a child, provided the aggregate Medical and Personal leave for any officer shall not exceed twelve (12) weeks in any twelve (12) month period unless a longer period is required by law.

Union Leave:

(a) The Employer agrees that Union business shall also comprise just cause for a Personal leave, provided that no more than one officer at any site request leave for such purposes at one time and such officer is not engaged in activity adverse to the Employer. The Employer will consider requests for more than one Officer on a case-by-case basis. Such leave shall not exceed sixty (60) workdays in duration in any calendar year.

Additional or extended leaves may be granted for good cause, on request to the Employer. The Union agrees to provide seven (7) calendar days written notice for such leave.

(b) A leave of absence shall be granted to an officer for full time assignment as a Union representative, provided a written request is made for such leave by the designated International representative to the Employer. Officers on such leaves shall not receive wages or benefits under this CBA but shall continue to accrue seniority as long as they remain in Union office or on Union assignment.

(c) The Employer will release elected Union officials whose responsibilities require short-term absence to attend to representation duties. Such officers will provide advance notice wherever possible and shall notify their supervisor immediately when summoned. Elected officials will remain on site at their designated assignment until arrangements are made to cover security responsibilities.

(d) The Employer agrees to continue officer's life/disability insurance and health/dental/vision programs while they are on Union leaves of absence and that the union will reimburse the Employer for their costs.

All leaves with the exception of Funeral leave and Jury leave shall be without pay.

The parties agree that acceptance of other employment during a leave of absence, without the express consent of the Employer; will be regarded as a voluntary resignation.

An officer, who fails to return to work at the conclusion of an approved leave of absence, including any approved extensions of such leave, will be considered to have voluntarily terminated employment.

Jury Duty: Officers serving Jury Duty on a scheduled workday will be provided an excused leave of absence for Jury services and shall receive the difference between the pay received for jury service and the base hourly rate for such workday for no more than five (5) days of Jury Service in any calendar year.

Officers must provide proof of jury service for processing of wage maintenance.

The Employer shall not interfere with an officer's appointment to Jury Duty and officers serving Jury Duty shall be entitled to retain all earnings provided for Jury Service.

(a) If requested, officers will not be required/scheduled to work the midnight shifts the evening before their Jury Duty begins.

(b) Officers will be required to provide copies of their Jury Duty notification by the first shift following receipt of their notice of obligation in order to be eligible for pay and/or to be removed from the schedule.

Funeral Leave: Officers will be granted Funeral leave for a maximum of three (3) days, if work time is lost to attend the funeral of a member of the immediate family. The Funeral leave can extend up to one day following the day of the funeral but in no event shall exceed three (3) days. The officer will be paid their straight time hourly earnings for the scheduled work days missed. The term "immediate family" shall mean grandparent, grandchild, mother, father, parent-in law, spouse, child, stepchild, sister, and brother or any relative living with the employee. Time paid for such leave shall not be counted as a casual absence or as time worked. If the funeral is more than 200 miles away, the officer shall be granted two (2) additional days off, with pay, to attend the funeral.

On The Job Injury: Officers who are injured on the job and sent out for medical treatment will be paid up to the end of their current shift, except when the injury is a result of the officer's negligence or disregard to rules and/or regulations.

Article 9: Wages

Each shift (0600 hours-1400 hours, 1400 hours-2200 hours and 2200 hours - 0600 hours) shall have a Lead Access Control Monitor. The Lead Access Control Monitor shall be paid a 4.5% Lead differential over their regular rate of pay. If two or more officers are on duty, regardless of facility assignment, the senior officer on duty is designated the Lead Access Control Monitor.

The Company shall not pay more than 24 hours of Lead pay total, per day.

Classification Index ACM and Part-time*

10/01/13 10/01/14 10/01/15 $20.78 $21.40 $22.04

FULL-TIME AND PART-TIME EMPLOYEES

Training Rates

Starting After 1 After 2 Classificati on Index Rate Year Years ACM and Part-time*

85% of 90% of full rate full rate

95% of full rate

*Plus the Health and Welfare hourly amount as listed in the Employer's Contract, as amended.

On Call Pay Employees required to be on-call will receive additional on-call compensation of 4 hours at base rate of pay for 2 - 4 days on call duty; and 8 hours at base rate of pay for 7 days on-call duty.

Shift Differential

(a) A shift differential of 5.5% of the regular rate of pay will be paid for hours eligible for shift differential pay.

{b) A regular shift is defined as an officer's scheduled workweek shift that is posted by the Employer. A regular shift that is scheduled, but not the first shift, is eligible for shift differential pay. Overtime work during the first shift is not eligible for shift differential pay.

(c) All officers scheduled Saturday and Sunday, odd workweek (other than Saturday and Sunday off), will receive an additional shift differential pay of 5% for all hours worked on Saturday and/or Sunday.

Article 1O: Hours of Work and Overtime

The workday shall consist of a twenty-four (24) hour period beginning at 12 o'clock midnight (2400 hours) and a regular day's work shall consist of eight (8) consecutive hours.

The normal workweek shall consist of seven (7) consecutive days beginning 12:01 a.m. (0001 hours) on a specific day for each employee, and a regular weekly work schedule shall consist of five (5) workdays of eight (8) hours each in the workweek. The pay period shall begin at 0001 hours Friday and end one hundred sixty-eight (168) hours thereafter.

Each employee shall be scheduled so as to normally be off duty the last two (2) consecutive days of one's workweek.

The Company will establish three (3) main eight (8) hour shifts beginning between 6:00 a.m. (0600 hours) and 8:00 a.m. (0800 hours), 2:00 p.m. (1400 hours) and 4:00 p.m. (1600 hours), 10:00 p.m. (2200 hours) and 12 midnight (2400 hours). Necessary special shifts may be established.

Overtime hours require prior approval of the supervisor/manager.

Overtime pay will not be pyramided.

All work performed in excess of forty (40) hours per week, shall be considered overtime and shall be paid at the rate of time and one-half (1.5) the officer's straight time earnings.

In addition to holiday pay, an officer called in or required to work on any of the holidays listed in Article 15 shall receive one and one half (1.5) times the straight time hourly rate for each hour worked.

Paid personal leave hours do not count as regular hours worked for daily overtime consideration.

An officer shall be paid time and a half the regular straight time hourly rate for all work performed on the 6111 consecutive day worked in a workweek.

An officer shall be paid double the regular straight time hourly rate for all work performed on the seventh (7111 consecutive day worked in a workweek (shift change excepted).

The employer will make every reasonable effort consistent with operational requirements to give affected officers two (2) hours notice when overtime is required.

Officers reporting to work, as scheduled, without having been notified that there would be no work shall receive a minimum of four (4) hours work or pay at the rate they would have received had they worked. The Employer shall have the right to require the officer to work for this payment. This section shall not apply where work is not available because of conditions beyond the control of the Employer. In the event the Employer cannot contact the officer at their listed phone number of a no work condition, notification to the chief steward shall constitute notification under this Article.

Officers called back to work after completion of their regular shift will be guaranteed four (4) hours work or four (4) hours pay provided, however, that any officer who voluntarily leaves with the Employer's approval prior to the completion of the four (4) hours work will only receive pay for the actual time worked.

Officers will not be given time off to prevent the payment of overtime or shift differential, except by mutual agreement of the Employer and the Union. Officers requested to come to work early, prior to their scheduled starting time, will be permitted to complete their regular scheduled shift. Officers shall not report to work early unless requested by the Employer.

All time worked in a continuous work day shall be considered as work performed on the workday within which the tour of work began.

Article 11: Overtime, Overtime Equalization & Scheduling of Additional Hours

Offering of Overtime: All overtime will be scheduled as soon as possible provided that the Employer has such notice. Notice for weekend overtime will be provided by completion of the first shift on Thursday provided the Employer has such notice.

(a) Officers will be provided with a minimum of eight (8) hours between assigned shifts.

(b) In the event that more than one officer has the same number of overtime hours, the officer with the highest unit seniority will be asked first and forced last.

(c) Officers accepting or required to work overtime will assume the duties of each officer being replaced provided they can perform the available work. Officers, with the Employer's approval, may exchange duty assignments.

(d) Officers offered overtime shall be charged the hours whether or not they actually worked the hours.

(e) On the shift immediately prior to vacation leave, officers scheduled for vacation will be the last forced to work overtime unless the officer agrees to stay over.

(f) Overtime will be offered by overtime hours, the lowest will be offered first. In the event all officers turn down the overtime assignment, the lowest hours will be forced first.

Article 12: Shift Preference and Scheduling

The Employer is responsible for providing qualified officers to staff facilities. The scheduled operating hours of these facilities change from time to time and these changes are not at the discretion of the Employer. A work schedule will be published on Tuesday for the following two-week period. If the work schedule changes the scheduled start time for work, without a forty-eight (48) hour notice, the first shift worked by the affected officer on the changed schedule will be at a premium rate of their regular hourly rate of pay plus one dollar ($1.00) per hour for all hours worked on that shift. Changes to the shift schedule will be posted to the schedule as they occur and be communicated to the representative.

(a) During the first two (2) weeks of January, April, July, and October of each year, full-time officers with at least ninety (90) calendar days unit seniority and the required security clearance will submit an application on the prescribed form to their Supervisor indicating their first, second and third choices of shift and day-off preferences. Probationary officers and officers pending an initial security clearance will be assigned shifts and days-off at the discretion of the Employer. The shift preference form submitted will be valid until changed in writing during the next shift preference-filing period. Shift preference will take effect during the first pay period of the month following the shift preference-filing period. Shift assignments will be awarded in line with unit seniority; the most senior person getting first choice, except as noted above.

(b} If a shift vacancy occurs, the shift will be offered to each qualified officer in order of unit seniority. If shift preference requests have been exhausted and the shift has not been filled, the Employer will staff the shift with the least senior officer qualified to work in the facility.

(c) Any officer who desires a change in shift due to hardship circumstances must obtain a mutually acceptable shift trade with another officer in their unit who is qualified to perform duty in the facility of the first officer's currently assigned shift.

The proposed shift change must be put in writing, submitted to the supervisor for their approval and shall not exceed a period of thirty (30) calendar days. A change in shift must be approved by the Employer prior to its effective date. Approval for a continuation of the change in shift beyond thirty (30) calendar days will necessitate a repeat of the above process.

Article 13: Paid Personal Leave (PPL)

Officers are eligible to receive the following paid personal leave benefit:

Years of Seniority Monthly Accrual Rate

0 - 1 year 1 - 5 years 5 -10 years 10 -15 years

9.0 hours

13.0 hours

17.0 hours

21.0 hours

(a) PPL hours may be used as they are accrued, by employees who have completed their probationary period.

(b) PPL accruals shall be credited on the 15th day of each month after the completion of the officer's probationary period. Officers shall accrue PPL at the higher accrual rate on the 15th day of the month following the required number of service years.

(c) The hours accrued for PPL may be used for any reason, shall be requested in writing, and scheduled prior to publishing the work schedule for the following week, except as described below (d). Under no circumstances will PPL be used prior to it being accrued. The Employer reserves the right to deny PPL based on mission requirements. The Employer will use all available means, including overtime, to accommodate scheduled PPL prior to denial.

{d) Except in emergencies or other circumstances beyond an officer's control, which prevent notice, officers will report absence at least four (4) hours prior to the start of their shift. Continued absence status will be reported each day except when instructed to do otherwise by supervision.

(e) Absences of three (3) or more workdays due to illness or injury must provide a doctor's note upon returning to work.

{f) PPL pay is received at the officer's straight time rate.

(g) An officer must be in pay status for a majority of the workdays in a month to accrue PPL for that month.

The maximum number of unused PPL hours that can be carried over from one calendar year to the next is:

Years of Service Maximum Carryover

0 through 4 120 hours

5 and over 160 hours

Employees, who have excess PPL over the allowable carryover maximum, shall be paid for such time, not to exceed forty (40) hours to be paid out prior to January 31st of the following year.

Article 14: Holidays

The Employer recognizes ten (10) holidays per year:

1) New Years Day

2) Martin Luther King Day

3) Presidents' Day

4) Memorial Day

5) Independence Day

6) Labor Day

7) Thanksgiving Day

8) Friday following Thanksgiving

9) Christmas Eve Day

10) Christmas Day

(a) Holiday pay will be 8.0 hours paid at the officer's base hourly rate.

(b) In most instances, when a holiday falls on Saturday, the preceding Friday is observed as the holiday. If the holiday occurs on a Sunday, the following Monday is observed as the holiday. If the holiday falls on an officer's day off, their next regular work day back shall be considered their holiday.

(c) In addition to holiday pay, an officer called in or required to work on any of the above holidays shall receive one and one half (1.5) times the straight time hourly rate for each hour worked.

(d) To be eligible for holiday pay, an officer must be a regular full-time employee, in pay status, on the regularly scheduled workday immediately preceding and following the holiday.

(e) A probationary officer will not be eligible for holiday pay during the probationary period.

(f) For an officer whose regularly scheduled shift commences between 10:00pm and 12:00 midnight, the shift commencing on the holiday evening shall be considered as the holiday for the purpose of determining the day to be observed.

In addition to these holidays, employees shall be granted any holiday that may hereafter be established by an Act of Congress of the United States. Holidays established by proclamation of the President of the United States may be observed at the discretion of the Employer.

Article 15: Benefits

Short Term Disability The Employer provides, at no cost, short-term disability pay after a 15 calendar day period, which replaces sixty (60) percent of an officer's straight time rate weekly salary (maximum benefit $750) for up to twenty-four (24) weeks.

Long Term Disability The Employer provides, at no cost, long term disability pay after a 180-day waiting period, which replaces sixty (60) percent of an officer's straight time rate monthly salary (maximum benefit $5000). Benefits are payable to age 65 except for mental illness/drug/alcohol disorders, which are limited to two (2) years.

Basic Life Insurance and Accidental Death & Dismemberment The Employer provides, at no cost, basic life and accidental death & dismemberment insurance at two times annual salary (with a maximum benefit of $200,000). Benefit is reduced by 35% at age 65, 65% at age 70, 75% at age 75, and 85% at age 80.

Supplemental Life Insurance Supplemental Life Insurance is available for purchase by the officer, at group rates.

Educational Assistance Regular, full-time officers with more than one-year seniority shall be reimbursed for tuition costs, enrollment fees, and book for courses taken at a recognized institution.

Section 125 (Cafeteria Plan)

The Employer will provide a Section 125 Benefit Allowance, which covers at least 80% of Employee Health (HMO), Employee Dental and Employee Vision as defined in the Employers health plan.

This plan allows the officer to pay for group health, dental and vision premiums, unreimbursed medical costs, child/dependent care costs, or 401(k) contributions with pre-tax dollars with this benefit allowance. Each full time officer will receive the following allowance for each month the officer remains in pay status to be used within the Section 125 Plan:

EMPLOYEE BENEFIT

ALLOWANCE

Oct. 1, 2013 Oct. 1, 2014 Oct. 1, 2015

EE Health $ 553.18 $ 569.78 $ 586.87

401(k) Savings Plan Officers may contribute a percentage of total earned income to the Employer 401(k) Savings Plan, to the maximum allowed by law. The Employer will match an individual officer's earned income contributions to the 401(k) Savings Plan up to a maximum of 3% in accordance with the plan's vesting schedule.

Article 16: Uniforms and Equipment

The Employer will determine all items of uniform and equipment that are required, and will furnish all items of uniform and equipment. Replacement of uniform clothing will be on an as needed basis. An officer will be required to return worn items of clothing prior to the issuance of a replacement. The cost of the replacement of uniforms and equipment shall be borne by the officer if the uniform or equipment is lost, misplaced or stolen or if the damage or wear is the result of the officer's negligent or intentional conduct.

The Employer agrees to properly maintain Employer owned, leased and/or rented equipment. The Union acknowledges that officers may perform work in facilities that are not owned by the Employer. The Employer agrees to work with the Union to bring unsafe equipment or facilities to the attention of the facility owner, if such a situation arises. No officer will be directed to operate known unsafe equipment.

Article 17: Strikes and Stoppages

The Union recognizes that it is the responsibility of the officers to guard and protect the premises, material, facilities and property of the Employer and its customers at all times and under all circumstances. The Union agrees that its members will faithfully discharge this responsibility and during the life of this CBA or any renewal or extension thereof, that it will not cause, or permit its members to cause, nor will any member of the Union take part in any strike, sit-down, stoppage of work or other interference with or refusal to perform their duties regularly assigned to them. The Union further agrees in the event of any controversy between the Employer, and/or any other group, organization or its members resulting or threatening to result in any strike, stoppage of work, or other interference with production, that its members will continue to report for duty, remain at their posts, and in the regular manner discharge the duties assigned to them. The Employer reserves the right to discipline or discharge any officer who engages in a violation of this Section.

During the life of this CBA, the Employer will not lock out any officers covered hereunder.

Article 18: Seniority

Definition of Seniority: Seniority is defined as the period of continuous full time service with the Employer since the last day of hire. Seniority within the Security Unit begins with the first day of work or transfer into the unit.

Principles of Seniority: The principles of seniority shall be observed in layoffs and recalls provided the employee possesses the necessary skills, qualification, and ability to perform the available work without additional training. The principles of seniority will also be observed where specifically provided for elsewhere in this agreement.

Dispute on Seniority Subject to Grievance Procedure: Any dispute on the application of the seniority principle shall be subject to the Grievance Procedure.

Termination of Seniority: Seniority and the employment relationship shall terminate when an employee:

(a) Resigns.

(b) Is discharged for just cause.

(c) Is absent for three (3) consecutive unexcused (no call, no show) work days.

(d} Failure to report at the end of a leave of absence.

Probationary Employee: All new full time employees shall be considered probationary employees for a period of ninety (90) calendar days. The Company reserves the right to terminate their employment for any reason until they have completed such probationary period. Probationary employees are entitled to utilize the grievance procedure to grieve any matter that can be grieved by any other employee covered by this CBA, except termination within the probationary period.

Promotion to Managerial Position: Any employee promoted to a managerial position shall retain and accumulate seniority for a period not to exceed ninety

(90) calendar days from the date of accepting such position.

Transfer Outside Security Unit: Security unit seniority shall terminate when employee transfers outside of the security unit.

Employee Seniority List: The Employer will provide to the Union on a quarterly basis an employee seniority listing (name and seniority date) for bargaining unit employees. The Union shall identify and present any errors to a designated Employer representative. The Employer will make any appropriate corrections requested by the Union within a reasonable period of time. At the time the list is provided to the Union; the Employer will also make it available to the bargaining unit employees. Each bargaining unit employee is individually responsible for verifying the accuracy of their seniority date. The Employer and the Union agree that each shall be held harmless from an employee's failure to identify errors on a timely basis.

Layoff Procedures: When it becomes necessary for a reduction of the work force in any unit, lay-offs will occur in the following sequence:

1. Probationary officers will be the first to be laid off.

2. If an additional reduction is necessary, part-time officers, will be laid off based on lowest seniority date.

3. If an additional reduction is necessary, full-time officers, will be laid off based on lowest seniority date, providing the remaining employees possess the necessary qualifications to perform available work.

Consideration shall be given for any security clearance forthcoming.

A) The Company agrees that it is responsible for responding promptly to any requests for information from government and/or contracted agencies conducting any security clearance investigation and is accountable for any failure to do so.

B) The Company agrees to use their best efforts to encourage the government and/or contracted agency to complete its clearance process without unnecessary delay.

4. Employees laid off, if qualified, shall be considered for any existing vacancies not covered by this CBA within Yang Enterprises, Inc.

5. Notwithstanding the provisions of article 25 (severance), during a reduction in force and with consideration given to qualifications necessary for remaining available work, senior employees, may volunteer to accept layoff out of order of seniority. Such employees, volunteering to accept layoff, shall be entitled to receive severance pay based on the length of compensated service under this agreement and shall forfeit all recall and seniority rights and shall not be entitled to pay in lieu of notice.

Officers will be given as much notice as possible of layoff.

Recall Procedure: Laid off officers will be recalled in the following sequence in line with their seniority.

1) Full-time officers will be the first to be recalled.

2) Part-time officers will be recalled after all full-time seniority officers have been recalled.

3) Laid off officers shall be considered for any new job or new vacancies not covered by this CBA before the Company fills said job/vacancies from outside sources.

Recall rights for all officers shall continue for a period equal to the officer's seniority or twenty-four (24) months from date of layoff whichever is greater.

Officers who are recalled to an available position must state their intention to accept the job within three (3) workdays after notice of recall and must report for work within ten (10) workdays after notice of recall or else forfeit recall rights. The ten-day report time can be extended by mutual consent. The officer shall be responsible for maintaining a current address with the Employer. Recall notice shall be given by telephone, where available, and will be confirmed by registered letter to the last known address.

The Chief Steward, who administers the grievance procedure, shall have super seniority for layoffs and recall purposes during the length of their term of office.

The Local Union is responsible for notifying the Director of Labor Relations, in writing, of the name of this officer.

Opportunities for full-time positions will be offered to part-time officers based on their unit seniority. Should a part-time officer decline an opportunity for full-time status, said officer will not be offered another full-time opportunity until such time as all current, less senior, part-time officers have been afforded full-time opportunities.

A full time seniority officer who is unable to work a forty (40) hour work week due to: union leave, all military leaves, medical restrictions, such as: medical leave, or qualifies for leave under state or federal law will continue to accumulate seniority as a full time officer during such time.

Article 19: Training

Officers will be paid for actual time spent for Employer mandated training at the applicable wage rate.

A mileage rate as prescribed by the Employer reimbursement standards will also be paid the officer for travel to and from the site for Employer required training or qualification if such training is outside the vicinity of the officer's regular place of work (Cape Canaveral Air Force Station).

Whenever practical, the entire Employer administered training will be given on an officer's regularly assigned shift.

Article 20: General Provisions

Each officer is responsible for having a correct address and telephone number on file with the Employer. All written notices shall be deemed to be properly filed if sent to the officer's last address on file.

Officer…