Atch_09_CBA_SLCS __TWA.pdf

Attachment 9

Collective Bargaining Agreement between

Space Coast Launch Services, LLC and

Transport Workers of America AFL-CIO Local 525 for the

Launch Operations Support Contract Cape Canaveral Air Force Station, Florida

Effective

October 1, 2014 - September 30, 2015

Table of Contents

Article Page Article 1- Preamble Article 2- Recognition and Scope Article 3- Bulletin Boards and Agreement Article 4- Equal Treatment Article 5- Management Rights Article 6- Union Shop and Check-off Agreement Article 7- No strike/No Lockout Article 8- Company Rules, Policies and Procedures Article 9- Grievance, Arbitration and Mediation Article 10- Contracting Out of Work Article 11- Work Breaks Article 12- Military Leave Article 13- Termination of Employment Article 14- Work Clothing, Tools and Safety Shoes Article 15- Discipline and Discharge Article 16- Safety and Health Article 17- Wages Article 18- Overtime Compensation Article 19- Cross-utilization Article 20- Shift Differential Article 21- Benefits Article 22- Vacations Article 23- Personal Leave Article 24- Leave of Absence Article 25- Holidays Article 26- Workweek Article 27- Layoff/Recall Article 28- Severance Pay Article 29- Meal periods Article 30- Seniority Article 31- Miscellaneous Pay Provisions Article 32- Promotions and Job Vacancies Article 33- Saving Clause Article 34- Duration Acknowledgement Signatures……………………………………………………………………………………………… 24 Letter of Understanding No. 1 Letter of Understanding No. 2 Letter of Understanding No. 3

This Agreement is entered into October 1, 2014 between Space Coast Launch Services LLC (the Company) and the Transport Workers Union of America, Local 525, AFL-CIO (the Union).

Article 1- Preamble

This Agreement is entered into under the terms of the National Labor Relations Act, as amended, for the mutual interest of present and future employees, and of the Company, 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 space effort of the United States 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.

Article 2- Recognition and Scope

The Company recognizes the Union as the exclusive collective bargaining representative for all its employees in the following appropriate bargaining unit:

Included: All regular full-time and part-time Area Mechanics included in the following disciplines:

• Communications

• Electrical

• HVAC

• Mechanical

• ICG

• Ordnance

• Paint

• Pump Station

• Satellite

• Welder

Also included are Maintenance Schedulers, Contamination Control Technicians, and the Mission Control Coordinator classification employed by the Company at its Cape Canaveral Air Force Station location.

Excluded: All other employees, guards and supervisors as defined by the National Labor Relations Act.

Except for emergencies and instructional purposes, supervisors will not do bargaining unit work.

Article 3- Bulletin Boards and Agreement

a. The Company shall provide Bulletin Boards for the use of the Union. All notices placed on such Bulletin Boards shall relate solely to official Union Business and shall have the official signature of the Union.

b. The Company shall print copies of this Agreement in an appropriate booklet and shall give a copy upon request to each employee covered by this Agreement within sixty (60) days of the date of this Agreement unless prevented from so doing by circumstances beyond its control, and shall furnish a copy of this Agreement to each new employee hired in any classification covered thereby.

Article 4- Equal Treatment

In accordance with the established policy of the Company and the Union, the provisions of this Agreement will apply equally to all employees regardless of race, color, religious creed, national origin, citizenship, sex, sexual orientation, being over age 40, marital status, disability, or U. S. Veteran’s status in accordance with applicable State and Federal laws. It is also understood that the Union will continue to cooperate with the Company in maintaining its Affirmative Action Program to ensure the equality of opportunity in all aspects of employment.

Article 5- Management Rights

a. Except as otherwise provided in this Agreement, nothing herein shall limit the Company in the exercise of the rights and functions of ownership or management, including the right to determine the number and location of its facilities and the methods, quality standards and schedules of operations, to implement technological changes or innovations, to manage the facilities, to subcontract work, to use High Performance Work Teams and to otherwise direct the working forces. The right to hire new employees, to evaluate performance, to assign work, to discipline or discharge employees for just cause, to promote or transfer employees, to lay off for lack of work or other legitimate reasons, to make such reasonable rules and regulations relating to the conduct of its employees as it considers necessary or advisable for the efficient conduct of its business, and to require employees to observe such rules and regulations, and to determine the hourly schedules of employment shall be vested exclusively with the Company. It is agreed that the enumeration of the rights and functions of management herein reserved shall not be deemed to exclude other rights of ownership or management not so enumerated.

b. The Company and the Union mutually support the success of High Performance Work Teams on the LOSC and agree to cooperatively work to improve the efficiency and productivity of our workforce.

Article 6- Union Shop and Check-off Agreement

a. All employees covered by the Transport Workers Union Agreement shall, thirty (30) days from the date of employment, or thirty (30) days from the date of this Agreement, whichever is the later, as a condition of employment, pay initiation fees and membership dues uniformly required as a condition of acquiring or retaining membership, or alternatively a sum of money determined to constitute a representation fee, prescribed by the Union’s rules.

b. Such employees who are or become members of the Union shall pay initiation fees and membership dues as set forth herein except that payment of initiation fees and membership dues shall not be required as a condition of employment during periods in which the employee is not in a pay status, or during periods in which the employee, though being in the pay status, is employed in a classification not covered under this Agreement.

c. Any employee who is more than sixty (60) days in arrears in the payment of representation fees or initiation fees/membership dues attributable to periods of time on and after the date of this Agreement or thirty (30) days following date of his/her employment, whichever is later, shall be subject to discharge.

d. When an employee becomes delinquent within the meaning of paragraph (c) hereof, the following procedure shall apply.

1) The International Representative of the Union, or his/her designee, shall notify the employee in writing, registered mail, return receipt requested, copy to the Company, that he/she is delinquent in the payment of initiation fees and/or membership dues, as specified herein, and accordingly is subject to discharge as an employee of the Company. Such letter shall also notify the employee that he/she must remit the required payment within fifteen (15) days of the date of mailing of the notice, or be subject to discharge.

2) If, upon the expiration of the fifteen (15) day period, the employee still remains delinquent, the International Representative of the Union, or his/her designee, shall certify in writing to the Company, copy to the employee, that the employee has failed to remit payment within the fifteen (15) day grace period provided in subsection (1) above, and is, therefore, to be discharged from the service of the Company, and shall so discharge him/her upon his delinquency for sixty (60) days unless he/she files a grievance as provided below.

3) An employee discharged by the Company under the previous paragraph shall be deemed to have been discharged for just and sufficient cause.

e. A discharge under the terms of this Agreement shall be based solely upon the failure of the employee to pay or tender payment of representation fees, or initiation fees and membership dues, and not because of denial or termination of membership in the Union upon other grounds.

f. A grievance by an employee who is to be discharged as a result of an interpretation or application of the provisions of this Agreement shall be subject exclusively to the following procedure:

1) An employee who is to be so discharged who believes that the provisions of this Agreement pertaining to him/her has not been properly interpreted or applied may submit their request for review in writing within five (5) work days from the date of his/her notification by the Company as provided above. The request will be submitted to their immediate supervisor who will review the grievance and render his/her decision in writing not later than five (5) days following the receipt of the grievance.

2) The grievance shall otherwise be processed pursuant to grievance procedures set forth in this Agreement.

3) The Union agrees that it shall indemnify the Company and save the Company harmless from any and all claims, awards or judgments, including court costs and legal fees, which may be made by an employee or employees against the Company by virtue of the misinterpretation or misapplication of any of the terms of this Agreement, Article 6.

g. During the life of this Agreement, the Company agrees to deduct from the pay of each bargaining unit member, and remit to the Union, membership dues or fees uniformly levied in accordance with the Constitution, rules and/or By-laws of the Union and as prescribed by Law, provided such member voluntarily executes the Union’s “Check-Off Form”.

h. When a member executes such “Check-Off Form” in a manner suitable to the Union, the

International Representative of the Union shall forward an original copy to the Company. Any notice of revocation, as provided for in this Agreement or applicable law, must be in writing, signed by the employee, and delivered by registered mail, addressed to the appropriate accounting official of the Company with a copy to the Local Union. Check-Off

Forms and notice received will be stamp dated on the date received and will constitute notice to the Company on the date received and not when mailed.

i. When a Check-Off Form, as specified herein, is received by the appropriate accounting official on or before the first day of a month, deductions will commence with the first regular pay period paycheck of that month, and will continue thereafter until revoked or canceled as provided in this Agreement. Each accounting office of the Company will remit to the Union checks in payment of all dues collected no later than the tenth day of the following month. Those remittances will be subject to normal accounting practice with respect to adjustments necessary because of the methods involved in the deduction procedure. The Company remittances of dues/fees to the Union will be accompanied by lists of names and employee numbers of the employees for whom deductions have been made in the particular period and individual amounts deducted.

1) No deductions of dues/fees will be made from the wages of any employee who has not executed a Check-Off Form, who has been transferred to a job not covered by the Agreement, or who is not in pay status. Upon return to work within a classification covered by this Agreement, deduction from future wages shall be automatically resumed provided the employee has not revoked the assignment in accordance with this Agreement, and provided it is in accordance with the other appropriate provisions of this Agreement and applicable law.

2) An employee who has executed a Check-Off Form and who resigns or is otherwise terminated from the employ of the Company shall be deemed to have automatically revoked his/her assignment and if he/she is recalled or re-employed, further deduction of dues/fees will be made only upon execution and receipt of a new Check-Off Form.

j. Collection of any back dues/fees owed at the time of starting deductions for any employee, and collection of dues/fees missed because the employee’s earnings were not sufficient to cover the payment of dues/fees for a particular pay period, will be the responsibility of the Union and will not be subject to payroll deductions.

k. Deductions of dues/fees shall be made in a flat sum provided there is a balance in the paycheck sufficient to cover the amount after all other deductions authorized by the employees or requirement of law have been satisfied. In the event of termination of employment, the obligation of the Company to collect dues/fees shall not extend beyond the pay period in which the employee’s last day of work occurs.

l. In the event any part of this Agreement contained in Article 6 is determined not to be in compliance with applicable law, the parties shall meet and renegotiate new language to comply with applicable law and to fully implement the Union’s rights under the law to collect dues/fees.

In the event the parties cannot reach agreement, an arbitrator shall determine the contract language using the grievance procedure set forth herein.

m. The Company agrees to deduct contributions to a Union fund known as the “Committee on

Political Education” (COPE) from the pay of those employees who voluntarily execute a form to authorize such deductions prepared and furnished by the Union.

Article 7- No strike/No Lockout

During the term of this Agreement, the Union shall not authorize, cause, engage in, sanction or assist in any slowdown, work stoppage, strike, sympathy strike, sit down or picketing against The Company. During the term of this Agreement the Company shall not cause, permit or engage in any lockout of its employees.

Article 8- Company Rules, Policies and Procedures

a. Except as modified by this Agreement, the Company’s existing work rules, policies and procedures shall apply. The Company may reasonably modify its rules, policies and procedures from time to time. The Union may challenge any unreasonable rules, policies and practices by resort to the processes of Article 9 of this Agreement. Unless expressly adopted in this Agreement, no past practices from the predecessor contractor(s) are carried forth.

b. 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. The Company will provide the Union with 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 9- Grievance, Arbitration and Mediation

a. The Grievance/Arbitration procedure shall consist of the following steps:

• Complaint Step - An employee who believes that he or she has been unjustly treated or that any provision of this Agreement has not been properly applied or interpreted may present his/her complaint in person or through the Union to his/her Supervisor within five (5) calendar days after the employee knew or should have reasonably known of the subject of the complaint. The Supervisor will respond to the employee/steward within five (5) calendar days.

• Step 1 - If the employee’s complaint is not resolved, it may be reduced to a written grievance by the

Union and presented to the employee’s immediate Supervisor within five (5) calendar days after the Supervisor’s answer of the complaint. The Supervisor shall meet with the Steward within five (5) calendar days of receipt of the written grievance. The Supervisor shall provide the Steward a written response to the grievance within five (5) calendar days of such meeting. Grievances resolved at Step 1 shall not be precedent setting.

• Step 2 - any unsettled grievance may be appealed within ten (10) calendar days to the

Department Manager or his/her designee for further discussions. The Department Manager or his/her designee shall meet with the Union Steward within seven (7) calendar days and render a decision in writing within ten (10) calendar days of said meeting.

• Step 3 - any unsettled grievances may be appealed within ten (10) calendar days to the Program

Manager or his/her designee for further discussions. The Program Manager or his/her designee shall meet with the Union President or his/her designee within fourteen (14) calendar days and render a decision in writing within ten (10) calendar days.

• Step 4 - any grievance remaining unresolved may be appealed to an independent arbitrator through the rules of the Federal Mediation and Conciliation Service. The demand for arbitration must be made within fifteen (15) calendar days after receipt of the Company’s response in Step

3. The arbitrator’s jurisdiction shall be strictly limited to determining questions involving the interpretation or application of this Agreement. The arbitrator shall have no authority to add to or subtract from any of the terms or conditions of this Agreement. The decision of the Arbitrator shall be final and binding. The parties may mutually agree to implement an expedited arbitration procedure.

b. The Company and the Union may agree at any time to waive any or all of the above steps in the interest of expediting the resolution of a grievance. The parties may mutually agree to extend any of the above time limits. Both parties may also agree to submit any dispute to mediation in addition to or in lieu of any of the above steps.

c. Grievances regarding suspension or discharge will be initiated at Step 3 of the Grievance

Procedure and must be filed within ten (10) calendar days, in writing, as set-forth in Step 2 of the Grievance Procedure.

d. An employee who, during his/her normal working time meets with Company officials on grievances shall be paid the regular rate of pay for time so spent.

e. An employee cannot refuse to perform assigned bargaining unit work because of a belief that the assignment violates this Agreement. In other words, the principle of “work first, grieve later” is adopted by the Company and the Union.

f. The Company shall have the right to file grievances. In such cases, the Company shall notify the

President of the Union within ten (10) calendar days of the issue. Any unresolved grievances may proceed through Step 3 above.

g. The Union shall have the right to file grievances. An International Representative or Local

Union President who believes that any provision of this Agreement has not been or is not being properly applied or interpreted shall have the right within ten (10) calendar days after such alleged misapplication or misinterpretation to protest such violation to the appropriate Company representative who shall evaluate such protest and render a decision in writing within fifteen (15) calendar days. Such decision may be submitted to the Arbitration process set forth in Step 4 above.

h. No wage claim shall be valid for a period of more than 30 calendar days prior to the filing of the complaint/grievance

Article 10- Contracting Out of Work

The Union has informed the Company that there is apprehension among the employees with respect to contracting out of work during the term of this Agreement that is now being performed by Company employees under this Agreement. Therefore, it is understood that if the Company lays-off personnel as a result of contracting out of work, the Company will meet promptly upon request of the International Union to resolve any problems arising therefrom.

Article 11- Work Breaks

The Company will permit each Employee to take a fifteen (15) minute break period during each half of the work shift without loss of pay. Break periods will not be on a fixed schedule but will vary according to factors such as mission requirements and work in progress. Insofar as practicable, break periods will be permitted near the midpoint of each half work shift.

Article 12- Military Leave

The re-employment and seniority status of any employee hereunder, who while in the active service of the Company entered the Armed Services or during wartime entered the Merchant Marine of the United States shall be governed by the provisions of the Uniformed Services Employment and Reemployment Rights Act, as amended, or other applicable law.

When military training leave of up to a maximum of Fourteen (14) calendar days is granted, the Company will pay the difference between regular wages and military pay. Time spent on such leave shall not affect the employee’s vacation accrual, personal leave accrual, or seniority.

Article 13- Termination of Employment

a. Employees shall give the Company two (2) weeks’ notice of resignation in writing. The company shall reserve the right to pay (2) weeks in lieu of such notice.

b. Employees laid off through no fault of their own shall be granted two (2) weeks’ notice in writing.

If applicable, the Company shall comply with the Worker Adjustment Retraining & Notification Act.

c. This requirement of notice, set forth in (b) above, shall not apply to a layoff caused by an Act of God, or by a strike of the employees of the Company.

Article 14- Work Clothing, Tools and Safety Shoes

a. Employees shall be required to wear work clothing that is reasonably suited and safe for the type of work they are assigned. Lettering of any description other than Union insignia, standard Company insignia, or non-offensive jargon/advertising slogans as prescribed by the Company shall not be permitted on any work clothing.

b. Where employees are required by the Company to wear standard company coveralls or specialized work clothing, such clothing shall be furnished and laundered by the Company.

c. Where it is a requirement of an employee’s job, the Company will reimburse the employee up to a total of $120.00 per calendar year for one pair of ANSI Z41 certified safety shoes.

d. Each employee shall be required to have the standard hand tools necessary to perform the duties of his/her classification, as agreed and described in each classification tool list created by the Company. Specialized tools shall be furnished by the Company.

e. In the event of total loss of an employee tool box and its contents as a result of fire or theft while the box is located on Company property or while the employee is traveling and/or working on an authorized emergency work assignment and stored in a company designated area, the employee will assume the first $50.00 of replacement cost and the Company will reimburse up to $500 for the loss of a “Tool Box” towards the balance of the replacement cost of the tool box.

This benefit only applies to the entire loss of a toolbox and its contents. It does not cover loss of individual tools. Only tools required by the established tool list for the employee’s classification will be considered for replacement.

Article 15- Discipline and Discharge

a. It is understood that the Company has the right to discipline or discharge an employee for incompetence, disobedience, dishonesty, disorderly conduct, negligence, absenteeism, violation of pertinent regulations imposed on the Company by the United States Government in reference to employees under this Agreement, violation of Company policies, or any just and sufficient cause.

b. During the probationary period, an employee may be discharged or disciplined at the Company’s option without recourse to the grievance procedure.

c. All verbal warnings will be removed after a one-year period. Written reprimands and suspension letters shall be removed after a period of two (2) years from the date of issuance.

Disciplinary actions involving sexual harassment, workplace violence or gross misconduct not resulting in termination shall remain in the personnel file indefinitely.

Article 16- Safety and Health

a. The Company recognizes its responsibilities to provide a safe and healthful working environment for employees. The Union also recognizes its responsibilities to cooperate with the Company in maintaining and improving a safe and healthful working environment. The parties agree to use their best efforts jointly to achieve these objectives. It is understood that all employees shall comply with reasonable safety rules of the Company consistent with Federal or State Laws.

b. In accordance with the Drug Free Workplace Act of 1988, the Company and the Union agree to provide a workplace that is free from the illegal use, possession/distribution of drugs or other controlled substances and that is free from the influence of alcohol abuse. Therefore, the Company and the Transport Workers Union of America and its Local 525, have negotiated and agreed to implement the Drug and Alcohol Program established by the Company which has been designed to establish a system for early identification of an employee with a dependency problem and for referral of that individual for appropriate treatment. This program provides for pre-employment, reasonable suspicion, post- accident drug testing as well as supervisory referral, Union referral or self-referral to the Employee Assistance Program (EAP).

Article 17- Wages

a. Effective October 3, 2014 the LOSC employees will receive annual wage increases as written below.

The hourly regular rates of pay for employees covered by this Agreement are:

10/1/13 10/3/14 2.5% 2.5%

Area Mechanic $35.24 $36.12 Area Mechanic, Communications, Tier 1 $35.24 $36.12 Area Mechanic, Communications, Tier 2 $37.00 $37.93 Area Mechanic, Communications, Tier 3 $38.76 $39.73

Lead Area Mechanic $37.00 $37.93 Senior Lead Area Mechanic $38.76 $39.73

Contamination Control Tech $25.77 $26.41 Maintenance Scheduler $30.44 $31.20

Mission Control Coordinator $30.26 $31.20

Note: Leads and Sr. Leads are not “classifications” as used and referenced in this Agreement. They are job assignments. Area Mechanic, Communications is one single classification regardless of Tier Assignments.

b. Multi-Skill Incentive Pay:

Area Mechanics with certified core classification skills --------------------------- Base Rate. Area Mechanics with second certified classification skills------------------------------- Base + 5%. Area Mechanics with third certified classification skills ---------------------------------- Base + 8%.

Area Mechanics with four or more certified classification skills ---------------- Base + 10%.

Note: The above incentive pay is in addition to any Lead or Senior Lead pay an employee is receiving.

Core skills and additional Certified Classification Skills criteria and training curriculum will be developed in accordance with paragraph d of this Article.

c. New employees shall be paid as follows:

Percent of the applicable regular Hourly Rate shown in Paragraph (a).

Date of Hire------------------------------------------------------------------ 85%

First Friday after completion of 6 months of continuous service ------------------------------------ 90% of 12 months of continuous service---------------------------------- 95% of 18 months of continuous service---------------------------------- 100%

d. Multi-skills are intended to enhance the general abilities of each employee; however, multi-skilled workers will not be used in such a way as to replace core skilled workers within their trades on a daily basis. Whenever possible, core skilled employees will be offered assignments within their trade before secondary skilled employees are required. For each additional skill in which an employee becomes certified/qualified, the employee will receive an increase in compensation in accordance with paragraph b above. In the event an Area Mechanic classification is eliminated from the LOSC, the pay associated with the multi-skill, as described in Article 17 paragraph b, for that classification will be eliminated. Employees who are receiving multi-skill pay for an eliminated classification will continue to receive the multi-skill pay but will not receive general wage increases until the base rate for their primary classification exceeds their current rate of pay.

Article 18- Overtime Compensation

a. Overtime hours require prior approval of the Facility Manager/Supervisor.

b. Vacation and personal leave hours do not count as regular hours worked for daily overtime consideration.

c. Employees will be paid overtime at one and one-half (1 ½) times their base rate of pay for all hours worked over eight (8) in a regular workday.

d. Employees will be paid overtime at one and one-half (1 ½) times their base rate of pay for all hours worked on their first regular day off.

e. In the event an employee works overtime, he/she will have two options as outlined below:

Voluntarily elect to take the corresponding number of days/hours worked as flexed time within the same pay week. This option must be documented on a memo for record, with a selected time off and approval signature from the Supervisor/Facility Manager. This option results in no paid overtime.

or

The employee may elect to receive overtime compensation for the hours worked.

f. Overtime worked before or after a regular shift of 8 hours is not eligible for shift differential pay and will be paid at time and one-half.

g. The Company will make every reasonable effort consistent with its operating requirements to give affected employees two (2) hours’ notice when overtime is required.

h. Double the regular hourly rate shall be paid to an employee for all work performed on the seventh

(7) consecutive day actually worked (shift change excepted).

i. Overtime work, authorized by management, shall be distributed among employees qualified to perform the work required as equitably as practicable. The overtime board and the “calling” of overtime will be the responsibility of the union steward or his appointee and will be accomplished in accordance with the overtime procedure, developed through the processes of Article 8 of this Agreement, with company administrative assistance/support where required. In the event the requirement for overtime work is established on the weekend or during off shifts, management or management representatives will call overtime from the appropriate roster and may require the union steward or appointee, if reachable, to review the process. The Union steward or his appointee must either verbally note any errors or sign the appropriate overtime form indicating approval. If the overtime calling process is performed or approved by the union steward or his appointee, there shall be no recourse to the grievance procedure. In the event an error is found after the approval process, the Company and Union may meet to agree on corrective action.

j. No overtime shall be worked using a secondary skilled employee unless all eligible core skilled employees have been offered the assignment.

k. Employees who are “On-Call” are not eligible for additional overtime assignments.

l. Employees who are Multi-Skill training are not eligible for interim shifts.

Article 19- Cross-utilization

The Company shall have the sole right to cross-utilize employees covered by this Agreement. In cross utilizing its employees, the Company will only assign employees to work within the employee’s ability as judged by the Company. 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.

Article 20- Shift Differential

a. A regular shift is defined as a scheduled work week shift that is posted by management.

A shift that is scheduled but outside of an employee’s regular shift (non-normal work shift hours) is defined as a shift change. Overtime worked after a regular shift is not eligible for shift differential pay.

b. Any employee working any shift other than a regular day shift (i.e. Monday – Friday, 6am-

6pm) will receive a shift differential of 5% for all hours worked.

c. In the event an employee’s workday is shifted during a core workweek to meet critical needs or customer requirements, those non-core hours will be paid with the shift differential included.

d. Employees normally assigned to or working an odd workweek schedule (other than Saturday and Sunday off), will receive an odd workweek shift differential for all hours worked.

e. Employees receiving a shift differential will work a straight 8 hours with a paid meal with the exception of day shift.

Article 21- Benefits

Space Coast Launch Services, LLC offers the following benefits plans in which full time employees are eligible to participate. The Company reserves the right to modify any of the following benefit plans.

However, should such action be anticipated, the Company will notify the Union and meet with the Union as soon as possible after such notification to negotiate the impact on the bargaining unit employees.

NOTE: THIS ARTICLE IS INTENDED TO PROVIDE A BRIEF SUMMARY OF EMPLOYEE BENEFITS. IN THE EVENT OF A DISCREPANCY BETWEEN THIS SUMMARY AND A PLAN DOCUMENT, THE PLAN DOCUMENT WILL TAKE PRECEDENCE. ALL LISTED BENEFITS ARE IN ACCORDANCE WITH THE PLAN DOCUMENTS IN EFFECT

ON JANUARY 1, 2014.

Group Insurance Plans

The Company will make available Group Insurance Plans to all full-time employees covered by this Agreement. The insurance plans will include medical, dental, vision, term life insurance, accidental death and dismemberment insurance, short term and long term disability insurance, and dependent term life insurance.

The group insurance plans are offered to all full-time employees effective the date of hire. All provisions and requirements of the plans are contained in the Summary Plan Descriptions provided to eligible employees. The plan year is the calendar year – January 1 through December 31. An annual enrollment is conducted prior to the start of each plan year during which employees may change their elections subject to the provisions of the plans.

1) MEDICAL AND PRESCRIPTION DRUG COVERAGE

The Company offers PPO and HMO medical plans, both with prescription drug coverage. The employee’s share as a percent of the total cost for the selected plan will be:

Effective Employee Contributions

1/1/14 1/1/15 20% 20%

2) DENTAL AND VISION

The Company will provide dental and vision plans for the employee and eligible dependents at no cost to the employee.

3) SHORT TERM DISABILITY

The company provides, at no cost to the employee, a short-term disability plan which, after a seven (7) day period (on the eighth (8) day), replaces sixty (60%) percent of an employee’s straight time rate for up to twenty-six (26) weeks.

4) LONG TERM DISABILITY

The Company provides, at no cost to the employee, a sixty (60%) percent disability income replacement benefit, after satisfying a 180 day waiting period. Benefits are payable up to age 65 except for mental/nervous disorders, which are limited to twenty-four (24) months.

5) BASIC LIFE INSURANCE

The Company provides, at no cost to the employee, a basic term life insurance policy equal to an employee’s annual base pay (rounded up to the next $1,000).

6) ACCIDENTAL DEATH & DISMEMBERMENT INSURANCE

The Company provides $10,000 of Accidental Death and Dismemberment coverage at no cost to the employee. Employees may purchase additional AD&D coverage in multiples of the employee’s annual base salary (1 to 5 times).

7) SUPPLEMENTAL LIFE INSURANCE

The Company offers supplemental life coverage in multiples of the employee’s annual base salary (1 to 5 times). The employee pays the full premiums.

8) DEPENDENT LIFE INSURANCE

Employees can purchase $5,000 to a maximum or $100,000 coverage for their spouse and/or $5,000 to a maximum of $25,000 for their dependent children.

9) FLEXIBLE SPENDING ACCOUNTS

Flexible Spending accounts are defined as a Health Care Reimbursement Account (HCRA) or a Dependent Care Reimbursement Account (DCRA). Employees enrolled in the HCRA can set aside up to $2,500 in tax-free dollars per full year for eligible medical expenses. Employees enrolled in the DCRA can set aside up to $2,500 in tax-free dollars per year for dependent care expenses.

1 0

10) 401(K) SAVINGS PLAN

All regular employees are eligible to join the 401(k) Savings Plan effective the first month following their date of employment. Employees may contribute up to 50% of base pay, Employees are immediately 100% vested. Restrictions apply to part-time eligibility. The company will contribute three (3%) percent of the employee’s basic compensation. For all contributions made by an employee up to two 2% percent of his/her basic compensation the Company will match fifty (50%) percent. Basic compensation includes regular pay, bonuses, shift differential, and overtime.

11) TRAVEL ACCIDENT

A benefit at 3 times the base annual earnings will be paid to a designated beneficiary in the event of the accidental death of an employee while traveling on company business. The full cost of this insurance is paid by the company.

12) EMPLOYEE ASSISTANCE PROGRAM (EAP)

Employees and their family members are provided with a confidential counseling assistance program.

This voluntary program is available to assist those who experience a need for counseling assistance related to problems such as substance abuse, family problems, and a variety of other stressful situations.

13) EDUCATION REIMBURSEMENT PROGRAM

The Company will reimburse an employee for tuition and fees for approved courses, not to exceed $3,500 per calendar year.

Article 22- Vacations

a. Employees earn vacation based on length of service as shown in the table below.

Years of Service Annual Bi-Weekly

The accrual rate for an increase in vacation hours shall adjust on the anniversary date on your th th 5 15 , and 20th year.

b. The Vacation year is October st through September 3 th .The annual allowance is accrued bi-weekly and must be earned before any part may be used.

c. All vacation will be charged to the nearest tenth of an hour.

d. Vacation pay is at the employee’s straight-time rate.

e. Employees separated from the payroll will be paid for unused vacation up to 240 hours, except that he/she shall not be paid if discharged for a cause involving monetary or material loss to the Company. Vacation credit for a full bi-weekly pay period is earned if the employee is separated on or after the second Friday in the pay period.

0 through 4 years 10 days 3.077 hours 5 through 14 years 15 days 4.615 hours 15 through 19 years 20 days 6.154 hours 20 years or more 25 days 7.692 hours

f. Holidays during an employee’s vacation are charged to the holiday.

g. Vacation shall be selected by seniority. Once a vacation has been approved, bumping by seniority will not be permitted.

Scheduling

h. Whenever possible, requests for vacation must be made at least twenty four (24) hours in advance of the requested date. Vacations will be approved giving due consideration to operational needs, length of service, and the employee’s preference or needs.

i. The Company and the Union encourage all employees to take vacation as it accrues. Bi- weekly accruals that cause an employee’s balance to exceed 240 hours will be forfeited and not posted to employee’s account.

j. An employee’s allowable year-end vacation accrual balance cannot exceed the year-end balance of 240 hours.

Article 23- Personal Leave

Employees are eligible to receive the following paid personal leave benefits effective October 1, 2014:

a. An advance of 48 hours is given as of October 1 of each year to each employee on active payroll on that date. Employees hired or returned to active payroll from layoff or leave of absence after October 1 will be advanced pro-rata hours based on the number of full bi- weekly pay periods remaining through September 30. Personal leave time is earned at the rate of 1.846 hours bi-weekly and credited against the employee's account. The personal leave time is advanced to employees ahead of the time it is actually earned. Therefore, if an employee terminates his employment before the end of a twelve month period (October 1 through September 30) for which he/she has received an advance of personal leave time and charged more personal leave than the amount earned through his/her date of termination, he/she will owe the balance to the Company.

b. Personal leave may not be carried over from year to year. Employees will be paid for unused personal leave at the end of each year (October 1 through September 30).

c. Pay is received at the employee’s straight time rate as long as he/she has personal leave credits to cover his/her balance.

d. Absences will be charged to the nearest tenth of an hour.

e. Personal leave shall accrue during absences due to illness or injury.

f. Personal Leave days may be used for any reason. Employees should schedule days off as far in advance as possible.

Article 24- Leave of Absence

a. Upon approval of the Company, a personal leave of absence of up to thirty (30) calendar days may be granted to an employee. During such leave the employee’s union seniority shall accumulate.

The Company will consider the following factors when reviewing a request for a personal leave:

• the purpose of the leave.

• the length of time the employee will be away.

• the effect the leave will have on the ability of the organization to carry out its responsibilities.

• the employee’s length of service.

Note: The Company will consider requests for up to a (30) calendar day extension to a personal leave of absence based on the factors listed above and the reason for the extension.

b. If such leave under (a) above is extended by the Company; the employee will retain but will not accrue union seniority, except that union seniority shall continue to accrue on leave for Union business. The Local Union President or Acting Local Union President, Vice President, or Union Official if on leave from the Company for Union business, shall continue to accrue Company Service during the period of such leave. The Company, whenever possible and when mission requirements are not impacted, shall grant LWOP for any Union official employed by the Company to attend Union functions, training or political activities deemed necessary by the Local President.

c. Employees who by reason of bona fide illness require time off will be granted an appropriate leave of absence. Union seniority will continue to accrue during such leaves. In no event will Union seniority accrue for more than one (1) year.

d. Time spent on leave of absence shall not count for accruing vacation or personal leave.

Any leave of absence provided under this Article shall run concurrent with any other leave available including, if applicable, a leave taken under the Family and Medical Leave Act, vacation or personal leave. Employees shall be required to use all vacation and personal leave prior to obtaining a leave of absence, except in the case of a leave for union business.

e. Time spent on a Medical Leave of Absence of one year or less shall be considered length of service for the purpose of determining an employee’s eligibility for vacation under Article 22.

f. An employee accepting gainful employment while on leave of absence except specifically approved in writing by the Company automatically terminates employment with the Company.

Article 25- Holidays

a. Employees shall receive the following paid holidays: New

Year’s Day Labor Day Martin Luther King Day Veteran’s Day President’s Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas Day

b. Employees who have at least forty (40) actual days worked since hire or rehire shall be granted two-(2) floating holidays each fiscal year. Floating holidays cannot be carried over from one (1) fiscal year to another.

c. In addition to these holidays, employees shall be granted any holiday that may hereafter be declared a legal holiday by Congress or by proclamation of the President and observed by the military where government employees receive holiday pay.

d. In addition to holiday pay, an employee called in or required to work on any of the above holidays shall receive one and one half (1 ½) times the hourly rate for each hour worked with a minimum guarantee of four (4) hours.

e. Employees who have Saturday and Sunday as their regular days off will observe holidays as follows:

When a holiday falls on Saturday, the preceding Friday will be observed as the holiday, when a holiday falls on Sunday, the following Monday will be observed as the holiday.

f. Employees who have days off other than Saturday and Sunday shall follow the same principle, i.e., if a holiday falls on the first day off, the preceding day will be observed as the holiday; when a holiday falls on the second day off, the following day will be observed as the actual holiday.

g. No employee shall be required to report for duty on a paid holiday except when absolutely required for the operations, and to the extent that it is practical, holiday work will be evenly distributed among crews needed for such work.

h. For an employee whose regularly scheduled shifts commence between 10:00 p.m. and 12:00 midnight, the shift commencing on the holiday eve shall be considered as the holiday for the purpose of determining the day to be observed.

Article 26- Workweek

a. The “core work week” is defined as Monday through Friday, first shift. Management will further define the specific working hours for each area or group based on mission and/or customer requirements to 8 ½ hours between 6 a.m. and 6 p.m.

b. The workday shall consist of a twenty-four (24) hour period beginning at 12 o’clock midnight, and a regular day’s work shall consist of eight (8) consecutive hours, exclusive of meal periods.

c. The normal work week shall consist of seven (7) consecutive days beginning at 12:01 a.m. on a specific day for each employee, and the regular weekly work schedule shall consist of five (5) work days of eight (8) hours each, exclusive of meal periods, in the work week. Pay periods shall begin on a specific day. However, any scheduled shift or overtime assignment, which is begun between 10:00 p.m. and 12:00 midnight, will count and be paid as if it began on the following day.

d. Where employees are required to maintain continuous operation of departments or assignments, days off may be fixed or shifted consistent with the requirements of service. The Company will make every reasonable effort to arrange work schedules so that a maximum number of employees will be off duty on Saturdays and Sundays, consistent with operational requirements.

e. Except as specified in (c) above, all time worked in a continuous tour of duty, including overtime, shall be considered as work performed on the workday within which the tour of duty is started.

f. There shall be a five (5) day notice prior to a regular shift change with shift assignments not to exceed 120 calendar days. All shift changes will have defined start dates and stop dates expressed in either calendar dates or as the duration of an operational mission requirement. Assignments (available shifts and available days off) will be made to volunteers in seniority order with unfilled shifts drafted in reverse seniority order.

g. In the establishment or changing of the starting time for the commencement of shifts, the

Company will consider among other items, the desires of the employees involved.

h. Any employee required to report for work on a day when the CCAFS is closed due to a hurricane shall be paid one and one-half (1 ½) times their normal base hourly rate (two (2) times if the work is on the employee’s second regular day off) for all hours worked. Radio or television notification of facility closure given at least two (2) hours prior to the regular starting time of their shift not to report shall be presumed conclusively to have been received by all employees to whom such notification is directed. Any employee affected by such notice who thereafter reports shall not be entitled to pay therefore.

i. An employee hereunder who is required to report for a regular tour of duty without being given at least eight (8) continuous hours off at some time between regular shift tours shall be paid at the applicable overtime rate for all time worked during the second regular tour of duty.

j. Before the end of each shift, employees shall be allowed five (5) minutes wash up time.

k. Interim Shifts may be established by management for operational requirements (i.e.

Launches, Dry-Runs, Wet Dresses, tower moves and VOS’s etc.), training, and to fill off-shift vacation requirements. Interim shifts will change an employee’s start and stop time for the day and are not intended to replace shift changes. Employees participating in interim shifts will receive time and one-half (1 ½) their regular base rate for the first day on an Interim Shift. The effected employee will also receive shift differential throughout the interim shift and receive time and one-half (1 ½) on their last day of the interim shift. A minimum of four (4) hours at time and one-half (1 ½) will be paid if an employee is sent home in order to start an interim shift later within that same workday. Interim shifts may vary in duration from 1 day to the successful completion of an operational requirement, however, the employees days off cannot be changed to accommodate the interim shift. Interim shifts can only be used to change the hours of an employee during his/her normal days of work. Once the interim shift is established, overtime will apply for an early call-in or a holdover associated with the shift.

l. Except as otherwise agreed upon in this Agreement, employees contacted on their time off to return to the job-site to perform emergency or non-scheduled duties will be compensated a minimum of four hours pay at time and one half. Company can require the employee to work 4 hours for 4 hours pay.

m. In the event a…