Atch_11_CBA_Yang _TWA.pdf

Attachment 11

Collective Bargaining Agreement between

Yang Enterprises Inc.

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

CBA between YEI and TWA

Launch Operations Support Contract Cape Canaveral Air Force Station, Florida for the

IabJe of ConJenls

Article 1- Preamble-.- - - - - - - - - - - ·-········· Article 2 - Recognition and Soope............ ............................................................................................................,. ...••••••••. 1

Article 3 - Bulletin Boards and Agreemeflt. ....•...•

Article 4 - Equal Treatment

Article 5 - Management RJghts .... ........... .. ....4 ..... ..4 4 4 ... 4 ... 4 ... 4 4 ............ .. .. .... .... ......+ ........ ...... ...... .............. ... ..4 .. 1.. .,.......... .......... ............ ... .... ... .. ... ....... · 1 Article 6 Union Shop and Ch.eek-off Agreement

Article 7 - No strike/Ho Lockout

Article 9 - Grievance, Arbitration and Mediation ................................._ ..._ ....................................................._ _ _ _ ._

Artic le 1O - Teniporary Upgrades.................................................................................................................- - - - -

Article 11·Military Leave Article 12 - Termination of E.mployment ......................................................_ _ _ _ .................................._ _ _ ......................_

Artk:le 13 - Work Clothing, Tools and Safety Shoes .........................- - - - - ·- - - - - .........- - - - - - ..- ................- -·- - - - - - - - - - - - - - - -·-·····..- --- - ...6 Article 14 • Discipline and Discharge ........................................................................................................._ _ _

Artide 15 - Safety and Health Article 16 - Wages ... ......................................................................................................................._ ._ _ _ _ _ _ _ _ _ _ _ ........... ________ 7

Articie 17 - Overtime C()f1lpensation++••................................ ............................. ._ .,.... .. .,... .... .......... .. .. _. _ • •., ............... ............ ................,. .. _ ........ .... _ _ _ _ _ _ _ _ • 7

Artide 18 Shift Differential

Article 20 Vacation and Scheduling

Article 21 - Sick eave

Article 22 - Leave of Absence ............................................................ ............................... . .............................. . ................1O Article 23 - Holidays ............................................. .............................................................................................. _______ 11

Article 24 ·Workweek

Article 25 - Layoff/Recall

Nticle 26 - :Sev-et"anoe Pay ....... ...................... ....._ ................................_ _ _ ...,.,.,.......... .. .. ._ 9 .. ._ .... .. . . ........ ... .. .... •• _ . • • _ •• •• 13 Article 27·Meal pe:riods

Article 28 - Seniority

A111cte 29 * Miscellaneous Pay Provisions._ _ ._ ._ ....................................................................................................._

Arlide 30 - Promotions. and Job Vacancies

Article 31 - Saving aause - -·- - - - - - - - - - - - - - - - - - - - - - - - - - - - - .- - ........................... ··- - - - Artide 32 - Duration

Page i

Launch Operations Support Contract

Local525

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 Yang Enterprises, Inc. (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 Transport Workers of America, AFL-CIO, Local 525, (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 Supply Technicians, Instructors, Personal Assistants and General Clerks employed by the Company at its Cape Canaveral Air Station location.

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

Except for emergencies and for instructional purpose, 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 and to subcontract work. 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.

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

Page 1 of 16 TWU LOSC CBA Final 092014

Local525 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 prov1s1ons 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.

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CBA between YEIand TWA

Launch Operations Support Contract Cape Canaveral Air Force Station ,Florida for the

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 dassification 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.

I. 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.

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Local525

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 1shall 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 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 Project

Manager or his/her designee for further discussions. The Project 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.

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CSA between YEI and TWA

Launch Operations Support Contract

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 - Temoorarv Uoorades

a. An employee who for more than one (1) hour but less than four (4) hours is temporarily assigned by the Company to perform the duties and accept the respansibilities of a dassification which has a higher wage scale shall be paid at the rate for said classification for the time so worked.

b. An employee hereunder who for four (4) hours or longer is assigned by the Company to perform the duties and accept the respansibilities of a job classification which has a higher wage scale shall be paid the rate for said job classification for the work performed.

Artjcle 11 - Mll!tarv 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 1 2 - Temijnation of Emoloyment

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. The Company may provide two (2) weeks pay in-lieu-of such notice. If applicable, the Company shall comply with the Worker Adjustment Retraining & Notification Act.

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Local 525

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 13 - 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. Clothing identifying the Union may be worn as long as the jargon is non-offensive.

Management will have the right to decide what is offensive or appropriate to wear during business hours.

b. 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 towards the purchase of one pair of ANSI Z41 certified safety shoes. Proof of purchase is required.

Article 1 4 - Discipli ne 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. Employees already employed on this contract at the inception of this agreement shall not be considered new employees nor be placed on probation.

c. All verbal warnings will cease to have effect for disciplinary purposes after a one-year period. Written reprimands and suspension letters will cease to have effect for disciplinary purposes 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 15 - 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 reasonable suspicion, post accident drug testing as well as supervisory referral, Union referral or self-referral to the Employee Assistance Program (EAP).

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Launch Operations Support Contract

Article 16 - Wages

Wages

Article 17 - Overtime Compensation

a. Overtime hours require prior approval of the supervisor/ Project Manager.

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

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

e. 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.

f. During an operational event, where the employee works extra hours prior to working his/her regular 8-hour shift, the overtime hours 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'h) 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 ucalling" of overtime will be the responsibility of the union steWclrd 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. Both parties agree to adopt and use the Overtime Assignment Process that is currently being used on the

LOSC maintenance portion of the contract.

Labor Category GFY14 Oct 1, 2013-Sep 30, 2014

GFY14

Oct 1,2014-Sep 30, 2015

2.5% Supply Technicians $26.94 $27.61

Instructors $30.97 $31.76

Personal Assistants $22.00 $22.55

"TWU LOSC CBA Final 092014 Page 7 of 16

Launch Operations Support Contract

Article 18 • Shift Differential

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 Y2 hours between 6 am and 6 p.m.

b. A regular shift is defined as a scheduled workweek 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. Overtimeworked after a regular shift is not eligible for shift differential pay.

c. 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.

d. 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.

e. 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 .

Article 19 • Benefits

GroupInsurance Plans

A. MEDICAL AND PRESCRIPTION DRUG COVERAGE/DENTAL AND VISION

The employee pays thirty (30%) percent of this cost. See your HR Administrator for details on coverage.

B. SHORT TERM DISABILITY

The Company provides, at no cost to the employee, a short-tenn 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.

C. 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.

D. BASIC LIFE INSURANCE

(See your HR Administrator for details)

E. ACCIDENTAL DEATH & DISMEMBERMENT INSURANCE

(At employee cost. See your HR Administrator for details)

F. SUPPLEMENTAL LIFE INSURANCE· (At employee cost. See your HR Administrator for details.)

G. DEPENDENT LIFE INSURANCE - (At employee cost. See your HR Administrator for details.)

H. 401 (K) SAVINGS PLAN

AJI regular employees are eligible to join the 401(K) Savings Plan effective the first month following their date of employment. Employees who choose to participate may contribute up to eighteen (18%) percent of their base salary (within IRS limits). YEI will contribute up to three (3%) percent of the represented employee's annual salary by matching half of the employee contribution when they contribute up to 6%. YEl's annual contribution for represented employees will be incrementally deposited on a quarterly basis (four 3/4 percent increments totaling three (3%) percent. The representative member must contribute to the 401 (k) PLAN to receive the matching contribution. Restriction applies to part-time eligibility.

TWU LOSC CBA Final 092014 Page 8 of 16

Local 525

Article 20 • Vacation and Scheduling

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

a. The Vacation year is October 151 through September 301h.The annual allowance is accrued bi-weekly and must be earned before any part may be used.

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

c. Vacation pay is at the employee's straight-time rate.

d. Employees separated from the payroll will be paid for unused vacation up to 160 hours, except that he/she shall not be paid if discharged for a cause involving monetary or material loss to the Company. In the case of separation due to lay-off or death, the maximum will be 240 hours. 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.

e. Holidays during an employee's vacation are charged to the holiday.

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

g. 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.

h. 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.

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

Article 21- Sick Leave

Employees are eligible to receive the following Sick leave benefits.

a. Employees shall accrue 1.54 hours towards a sick leave bank every pay period. 1.54 hours is equivalent to 40 sick leave hours per calendar year.

b. Sick leave may be carried over from year to year with no top cap.

c. Sick leave pay is received at the employee's straight time rate as long as he/she has sick leave time to cover his/her balance.

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

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

f. Employees may be asked to produce a physician's excuse for any sick leave used in excess of 3 or more days in a row.

Years of Service

TWU LOSC CBA Final 092014 Page 9 of 16

CBA between YEIand TWA

Launch Operations Support Contract Cape CanaveralAir Force Station,Florida for the

Article 22 - Leave of Ab5ence

a. Upon approval of the Company, a personal leave of absence (LWOP) of up to thirty (30) calendar days may be granted 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 of absence

(LWOP):

• The purpose of the leave.

• The length of time the employee will be away.

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

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. Maternity leave of absence will be granted in accordance with Company policy and applicable laws. 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 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 20.

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.

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Launch Operations Support Contract

Loca1 525

Article 23 - Holidays

a. Employees shall receive the following paid holidays:

New Years 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. 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.

c. 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 Y:z) times his hourly rate for each hour worked with a minimum guarantee of four (4) hours.

d. 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.

e. 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.

f. 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.

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

Article 24 - Workweek

a. 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.

b. 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.

c. 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.

d. Except as specified in (b) 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.

TWU LOSC CBA Final 092014

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Launch Operations Support Contract

e. 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.

f. 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.

g. 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 ) 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_notificati on of facility dosure 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.

h. 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.

i. 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.

j. In the event a call-in for emergency or non-scheduled duties takes place less than 2 hours prior to a shift start, the employee will be compensated at one and one half times the base rate of pay for work performed to meet the emergency or non-scheduled duty assignment.

k. With prior Project Manager/Supervisor approval, employees may voluntarily flex their schedule on a weekly basis to meet personal Family needs. To exercise this option, an employee will request this option in writing. The Project Manager/Supervisor will approve as meets scheduling needs and customer requirements. The Company and Union agree this is a voluntary program and will result in no additional compensation including shift differential pay or overtime.

Article 25 • Layoff/Recall

a. A reduction in force is the termination of employees for reasons beyond their control, such as a lack of work because of reorganization, elimination or consolidation of jobs or job functions, partial or complete contract termination, or reduced level contract effort.

b. The Company will first attempt to meet the full or partial requirements of a reduction in force by:

1. Attrition, including voluntary resignations and retirement.

2. Reassignment of employees according to length of service, performance, and qualifications on a volunteer basis, then transfer of least senior employees. The Company reserves the right to determine if, and when, volunteers will be needed or used. Additionally, the Company reserves the right to accept or reject volunteers based on operational needs. Where qualifications and performance are equal, the senior employee will be chosen.

c. Employees will be laid off according to their primary classification in reverse seniority order in the primary classification being reduced. Recall shall be in seniority order in the primary classification being recalled.

d. Recall and Seniority rights of a non-probationary employee shall terminate if he/she is not recalled within twenty four (24) months after layoff.

e. Re-employment after a layoff under this Article shall be in accordance with the criteria listed in paragraph d above. The Company shall send a notice of rehiring by certified mail to the last address on file, and, if

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Launch Operations Support Contract the employee fails to report to work within fifteen (15) calendar days after the certified delivery date of the recall letter, he/she shall lose all seniority rights.

f. An employee who refuses recall under this Article loses all recall rights.

g. An employee laid off under this Agreement who has been re-employed under the conditions outlined in the Article 28, Paragraph e shall retain all seniority and length of service credit for pay and other purposes accrued under this Agreement prior to the date of his/her layoff.

Article 26 - Severance Pay

a. An employee with one (1) year of more of service under this Agreement who is laid off for any reason other than those set forth in paragraph (b) and (e) shall receive severance pay as set forth in paragraph (d).

b. Severance allowance will not be paid if the layoff is the result of an Act of God, a national war emergency, dismissal for cause, resignation, retirement, or a strike or picketing causing a temporary cessation of work.

c. At the time of layoff, the Company shall advise the employee in writing of the reasons for his release.

d. Severance shall be based on length of continuous service under this Agreement with the Company and predecessor employers and shall be in addition to all other benefits set forth in the Agreement. A week of severance shall be computed on the basis of the employee's regular straight time hourly rate multiplied by forty (40) hours.

Continuous Service

[Years of Service]

Severance Allowance Value

[Weeks] 1 3 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11

e. Severance allowance shall not be granted when:(1) the employee is offered a job in a lower classification and elects to accept it in accordance with Article 30 of the Agreement between the parties; (2) the employee accepts employment of the same, similar, or greater responsibility or skill by a Successor Contractor to the LOSC Project.

f. An employee recalled to work under the terms of Article 25 after being on layoff, who is again laid off under conditions that would entitle him/her to severance allowance, shall be entitled to the amount specified for their years of compensated service with the Company in accordance with paragraph (d) of this Article, less the amount received on the occasion of the previous severance.

g. An employee who has been given severance allowance at the time of layoff and who is rehired in less than the number of weeks covered by the severance allowance (plus an additional two (2) weeks if he/she also received two (2) weeks pay in lieu of notice) will have the amount of overpayment deducted from his subsequent earnings.

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Local525

Cape Canaveral Air Force Station,Florida for the

Article 27 - Meal periods

Unpaid meal periods shall be thirty (30) minutes except when varied by agreement between the parties. Scheduled day shifts, regardless of the day of the week, shall include a (30) minute unpaid meal period.

Article 28 - Seniority

a. New employees, regardless of classification, shall be considered on probation for a period of six (6) months or one hundred and twenty (120) actual days worked, from the date of hire, or until a governmental security clearance is received by the Company for the individual involved, whichever is the longer. Note: Probationary employees will not be temporarily assigned to lead positions.

b. When a required employee security clearance, Security Certifications or any other Certification is in process and not received within twelve (12) months of employment (or 12 months from the date it was determined an employee would be required to obtain security clearance, Security Certifications or any other Certification), the employee may be terminated without recourse under this Article. However, the employee may be placed in an existing vacancy for which a security dearance is not required, if the employee is qualified.

c. Seniority shall commence with the date of placement on the payroll of the Company or predecessor under this Agreement in any classification hereunder.

d. The Union agrees to furnish the Company with a seniority list. Seniority shall govern the choice of days off and shifts in the work group and primary classification so long as operational needs are not adversely impacted.

e. An employee who accepts an assignment in a supervisory capacity for the company and who accrued seniority under the Agreement at the time of such assignment shall retain the seniority accrued while serving under the Agreement for sixty (60) calendar days from the date of the assignment. During the sixty-day period,he/she shall have the right to return to the bargaining unit in the previous classification.

f. An employee who is discharged for cause or who resigns from the service of the Company shall lose all seniority rights.

g. When two or more employees are hired on the same day, the higher seniority dates shall be awarded to the employee(s) who's last 4 digits of his/her social security numbers are the highest. Example: An employee whose social security number ends with (0999) would have seniority over an employee with the last 4 digits of (0998).

Article 29 - Miscellaneous Pay Provisions

a. In the event of death in the immediate family of an employee, he/she will be granted three (3) days bereavement leave with pay, not including such employee's days off, providing the employee substantiates the need for the emergency leave. For the purpose of this paragraph, the immediate family is defined as the father, mother, grandfather, grandmother, father-in-law, mother-in-law, sister, brother, spouse, grandchildren and children of the employee.

b. Employees who serve as jurors shall receive their straight time rate less the fee received for jury services.

c. Employees required being on-call will receive additional on-call compensation of six (6) hours (at time and one half the base rate of pay) for the week . Employees who are required to return to work while on call shall receive additional pay for all hours worked at the appropriate rate. Employees receiving on-call pay are required to be on-site at CCAFS within one (1) hour of being notified by management.

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Launch Operations Support Contract Cape…