Attachment_17_-_CBA_WCFS_-_IBEW_01_Sep_2018_-_30_Sep_2021.pdf

AGREEMENT BETWEEN

Wolf Creek Federal Services, Inc.

AND

Local Union No. 2088

INTERNATIONAL BROTHERHOOD OF

ELECTRICAL WORKERS, AFL-CIO

PATRICK AIR FORCE BASE AND

CAPE CANAVERAL AIR STATION FLORIDA

SEPTEMBER 1, 2018

EXPIRES SEPTEMBER 30, 2021

FA2521-19-R-A017 0003, Attachment 17 i

TABLE OF CONTENTS

ARTICLE I - RECOGNITION

SECTION 1.01 EXCLUSIVE REPRESENTATION

SECTION 1.02 WORK COVERED

SECTION 1.03 INTERPRETATION

ARTICLE II - RECOGNITION OF RIGHTS

SECTION 2.01 RECOGNITION OF RIGHTS

ARTICLE III - UNION SECURITY

SECTION 3.02 INTRODUCTION OF EMPLOYEES

SECTION 3.03 CHECKOFF

SECTION 3.04 NO DISCRIMINATION

ARTICLE IV - GENERAL SALARY PROVISIONS

SECTION 4.01 SALARY RATES

SECTION 4.02 SALARY RATES FOR NEW OR REVISED OCCUPATIONAL CLASSIFICATIONS

SECTION 4.03 JOB POSTINGS AND PROMOTIONS

SECTION 4.04 NIGHT SHIFT DIFFERENTIAL

SECTION 4.05 SHOW-UP AND CALL-IN PAY

SECTION 4.06 TEMPORARY DUTY ASSIGNMENTS DIFFERENTIAL PAY

SECTION 4.07 OPERATIONAL LAUNCH SUPPORT

SECTION 4.08 SCHEDULED MINIMUM EARLY IN PAY

SECTION 4.09 CELL PHONE ALLOWANCE

ARTICLE V - HOURS AND OVERTIME

SECTION 5.01 DEFINITIONS

SECTION 5.02 COMPUTATION OF OVERTIME PAYMENT

SECTION 5.03 TURNABOUT

SECTION 5.04 MEAL PERIODS

ii

SECTION 5.05 CHANGE IN SHIFTS

SECTION 5.06 TRANSFERS

SECTION 5.07 DISTRIBUTION OF OVERTIME

SECTION 5.08 PYRAMIDING OF OVERTIME

SECTION 5.09 TDY TRAVEL TIME

SECTION 5.10 TRIP ALLOWANCE

SECTION 5.11 TRAINING

SECTION 5.12 REGULAR EMPLOYEES

SECTION 5.13 HAZARDOUS DUTY COMPENSATION

SECTION 5.14 IMMINENT DANGER

SECTION 5.15 DISASTER AND RECOVERY SUPPORT

ARTICLE VI VACATIONS

SECTION 6.01 VACATION POLICY

SECTION 6.02 ELIGIBILITY AND PAYMENT

SECTION 6.03 VACATION CARRYOVER

SECTION 6.04 PAYMENT IN LIEU OF VACATION

SECTION 6.05 SPECIAL RULES GOVERNING VACATIONS

ARTICLE VII - HOLIDAYS

SECTION 7.01 DESIGNATED HOLIDAYS

SECTION 7.02 PAY FOR DESIGNATED HOLIDAYS

SECTION 7.03 OBSERVANCE OF HOLIDAYS

SECTION 7.04 TEMPORARY DUTY ASSIGNMENT

ARTICLE VIII - CONTINUOUS SERVICE CREDIT

SECTION 8.01 ACQUISITION OF CONTINUOUS SERVICE CREDIT

SECTION 8.02 CONTINUITY OF SERVICE

ARTICLE IX - SENIORITY

SECTION 9.01 ACQUISITION OF SENIORITY

iii

SECTION 9.02 COMPUTATION OF SENIORITY

SECTION 9.03 TERMINATION OF SENIORITY

SECTION 9.04 EMPLOYEES TRANSFERRED INTO BARGAINING UNIT

SECTION 9.05 LAYOFF

SECTION 9.06 SEVERANCE PAY

SECTION 9.07 TRANSFER OF EMPLOYEES WHEN A SENIORITY GROUP IS DISCONTINUED

SECTION 9.08 RECALL

SECTION 9.09 SHIFT PREFERENCE

SECTION 9.10 SENIORITY PRIVILEGES FOR UNION REPRESENTATIVES

SECTION 9.11 SENIORITY LIST

SECTION 9.12 SENIORITY GROUPS/WORK CENTERS

ARTICLE X - PAYMENT FOR ABSENCE

SECTION 10.01 PAYMENT FOR ABSENCES

SECTION 10.02 BEREAVEMENT

ARTICLE XI - LEAVES OF ABSENCE

SECTION 11.01 APPLICATION FOR LEAVES OF ABSENCE

SECTION 11.02 FAMILY MEDICAL LEAVE

SECTION 11.03 LEAVE OF ABSENCE FOR UNION ACTIVITY

SECTION 11.04 EXTENDED MILITARY DUTY

SECTION 11.05 NON-WAR MILITARY DUTY ABSENCE AND PAYMENT

SECTION 11.06 JURY DUTY AND COURT WITNESS ABSENCE AND PAYMENT

SECTION 11.07 OTHER APPROVED ABSENCE

SECTION 11.08 ENTITLEMENT FOR EMPLOYMENT RELATED INJURY OR ILLNESS

ARTICLE XII - GOVERNMENT SECURITY

SECTION 12.01 DEFENSE SECURITY

SECTION 12.02 FAILURE TO OBTAIN SECURITY CLEARANCE

ARTICLE XIII - SAFETY, HEALTH AND INSURANCE

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SECTION 13.01 SAFETY AND HEALTH

SECTION 13.02 SAFETY MEETINGS

SECTION 13.03 WORK CLOTHING

SECTION 13.04 HAZARDOUS INSURANCE AND PERSONAL EFFECTS INSURANCE

SECTION 13.05 ENERGIZED CIRCUITS

ARTICLE XIV COMPLAINT AND GRIEVANCE PROCEDURE

SECTION 14.01 COMPLAINTS

SECTION 14.02 PRESENTATION OF GRIEVANCES

SECTION 14.03 ARBITRATION

SECTION 14.04 TIME FOR PRESENTATION OF GRIEVANCES

SECTION 14.05 RECORD OF DISCIPLINARY ACTION

SECTION 14.06 INVESTIGATION OF GRIEVANCES

SECTION 14.07 DESIGNATION OF STEWARDS

SECTION 14.08 HANDLING GRIEVANCES

SECTION 14.09 SCOPE OF STEWARDS' UNION ACTIVITIES

SECTION 14.10 PERMISSION TO LEAVE WORK FOR UNION ACTIVITIES

ARTICLE XV GENERAL PROVISIONS

SECTION 15.01 BULLETIN BOARDS

SECTION 15.02 WAIVER

SECTION 15.03 INVALIDITY

SECTION 15.04 SUCCESSORS

SECTION 15.05 EFFECT OF LAW

SECTION 15.06 DRUG FREE WORKFORCE

SECTION 15.07 DISCIPLINE

SECTION 15.08 COMPANY POLICIES, RULES AND REGULATIONS

ARTICLE XVI -

SECTION 16.01 TERM, NOTICE OF CHANGE OR TERMINATION

v

SCHEDULE A

HOURLY SALARY RATES

SCHEDULE B

AUTOMATIC PROGRESSION SCHEDULE

APPENDIX A BENEFIT PLANS

APPENDIX B LAUNCH SUPPORT SCHEDULE

COLLECTIVE BARGAINING AGREEMENT

AGREEMENT, entered into this 1st day of September by and between Wolf Creek Federal Services, Inc., hereinafter called "the company", and the INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 2088 (AFL-CIO), hereinafter collectively referred to as "the union", with respect to employees represented by the union. All references herein to gender shall be construed as being equally applicable without any reservation to both males and females.

ARTICLE I - RECOGNITION

SECTION 1.01 EXCLUSIVE REPRESENTATION

The company recognizes the union as the sole and exclusive collective bargaining agency and representative, with respect to rates of pay, salaries, hours, and other conditions of employment, for all employees in occupational classifications listed in Schedule A of this Agreement, at the Air Force Eastern Range at Patrick Air Force Base, Cape Canaveral Air Station, John F. Kennedy Space Center (NASA) and other Florida mainland satellite locations as such work is assigned to the company's Range Operations Support Contract for these locations, but EXCLUDING: all Instructors, Drafters, Writers, Coordinators, Controllers, Inspectors; all Office Clerical, Plant Clerical, Administrative, and Professional employees; all employees represented by other unions and all employees permanently assigned Down Range; all Material Handlers, Watchmen, Guards; all Managers, Leaders, and other supervisors as defined in the Labor Management Relations Act, as amended.

SECTION 1.02 WORK COVERED.

The work of the occupational classifications covered by this Agreement shall be performed only by employees in the bargaining unit. Except in case of emergency or if mission completion is jeopardized, work performed by non-bargaining unit full time employees will be turned over to bargaining unit employees as soon as possible. At no time will work be performed by non-bargaining unit employees to intentionally avoid overtime.

SECTION 1.03 INTERPRETATION.

Only the company's President, or his/her authorized representative or the Business Manager of the union, hereafter referred to as the parties, may interpret, alter or amend this Agreement by mutual action in writing and no individual employee of the company, or groups of employees shall have cause to complain therefore, it being understood that any interpretation or arrangement mutually satisfactory to the parties hereto shall be binding upon all individual employees or group of employees whether such action be prospective or retroactive.

ARTICLE II - RECOGNITION OF RIGHTS

SECTION 2.01 RECOGNITION OF RIGHTS.

Except as otherwise expressly 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 manage the facilities and to direct the working forces. The right to hire new employees, 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 in 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 or functions of ownership or management not so enumerated. Management rights shall not be arbitrable except to the extent that they are expressly abridged by a provision of this Agreement.

The foregoing enumeration of management rights and functions is without prejudice to the union's duty and responsibility in representation of the employees covered by this Agreement, and its rights in accordance with the provisions herein, to process grievances, disputes or differences as to the interpretation or application of any provision of this Agreement.

SECTION 2.02 STRIKES, LOCKOUTS, AND RELATED INTERRUPTION OF

WORK.

There shall be no strike, sympathy strike, work stoppage, slow down, sit down, refusal to work, boycott, or picketing by the union or its representative or members, or lockout on the part of the company during the term of this Agreement, unless and until all steps of the Grievance Procedures, including Arbitration, shall have been employed and one of the Parties hereto fails or refuses to comply promptly with any final decision made against such Party thereunder, provided that an employee covered by this Agreement may refuse to enter upon premises occupied exclusively by an employer other than the company if the employees of such employer are engaged in a strike ratified or approved by a representative of such employees whom such employer is required to recognize pursuant to the Labor Management Relations Act of 1947, as amended.

If a strike should occur, management employees and all other employees not covered by this Agreement, including guards, firemen, and other plant protection and maintenance employees, shall be permitted to perform their respective functions without interference by the union or its members on the basis of a plan mutually agreed upon for such purpose by the company and the union.

In consideration of this Section, the union agrees not to sue the company, its officers, or representatives, and the company agrees not to sue the union, its officers, agents or members for any labor matters in any court of law or equity.

ARTICLE III - UNION SECURITY

SECTION 3.01 UNION SHOP.

It shall be a condition of employment that all employees of the company covered by this Agreement who are members of the union in good standing on the effective or execution date of this Agreement, whichever is later, shall remain members in good standing and those who are not members on the effective or execution date of this Agreement, whichever is later, shall on the thirty- first (31st) day following the effective or execution date of this Agreement, whichever is later, become and remain members in good standing in the union. It shall also be a condition of employment that all employees covered by this Agreement and hired on or after its effective or execution date, whichever is later, shall on the thirty-first (31st) day following the beginning of each employment, become and remain members in good standing in the union. This provision shall not apply in any location where it is prohibited by any law, and if so prohibited it shall apply whenever the law is changed so that it may be effective.

SECTION 3.02 INTRODUCTION OF EMPLOYEES.

Each new employee within the bargaining unit shall be introduced to the union steward by the supervisor in the activity to which such employee will be permanently assigned as soon as possible, but in no event later than five (5) working days after he/she reports to his/her supervisor for regular assignment; each employee transferred from another section or shift shall likewise be introduced. The union steward's function under the section is to explain the duties of the steward.

SECTION 3.03 CHECKOFF.

Upon receipt of an employee's written authorization, which shall not be irrevocable for a period of more than one year, or beyond the termination date of the applicable Collective Bargaining Agreement, whichever occurs sooner (when revocation is not otherwise provided by local law), the company shall deduct from such employee's salary, in accordance with this Agreement, such employee's initiation fee and, on the first payday of each month, the employee's Union dues in accordance with the Local Union’s bylaws current dues structure, and remit same to the duly authorized representative of the union, together with a list of the names of the employees from whose pay deductions were made within ten (10) working days of the first payday of each month, for every employee for whom the company has received a written authorization, union dues and appropriate initiation fees. Such a written authorization may be revoked by the employee by written notice by certified mail received by the union during the ten (10) day period prior to the end of any applicable yearly period or during the ten (10) day period prior to the termination date of any applicable Collective Bargaining Agreement, whichever occurs sooner. Upon timely receipt, the union shall notify the company to stop the deduction of dues. In the absence of such notice or revocation, the authorization shall be renewed for an additional yearly period or until the end of any applicable Collective Bargaining Agreement, whichever occurs sooner. The union agrees to hold the company free from all liability in connection with the collection of initiation fees and dues except for ordinary diligence and care in transmittal of the monies to the union.

SECTION 3.04 NO DISCRIMINATION.

There shall be no discrimination/harassment by the company or the union against any employee because of sex, race, color, national origin, creed, age, veteran's status, marital status, or disability, as defined by the American's with Disabilities Act, as amended. The union may request and be provided information as needed provided it is not protected by law.

It is agreed that the company and union and their agents will not discriminate against, interfere with, restrain or coerce in any manner whatsoever any member of the bargaining unit because of any lawful activities on behalf of the union, union membership or non membership.

ARTICLE IV - GENERAL SALARY PROVISIONS

SECTION 4.01 SALARY RATES.

The Hourly Rates for employees covered by this Agreement shall be effective as set forth in Schedule A and Schedule B, attached hereto and made a part hereof.

SECTION 4.02 SALARY RATES FOR NEW OR REVISED OCCUPATIONAL

CLASSIFICATIONS.

In the event the company establishes a new or revised occupational classification in the bargaining unit, the salary rate applicable shall be determined by negotiation between the company and the union. Operations shall not be delayed through failure to immediately agree upon salary rate applicable to any such occupational classification. In such cases, pending the results of negotiations, The Company will establish the new or revised occupational classification and the company - proposed salary rate applicable thereto and shall place such occupational classification and such salary rate into effect. Negotiated rates finally established which are higher than the company - proposed rate will be paid retroactive to the date of the start of the occupational classification.

When new technological changes or system innovations are implemented by the company that change or modify work performed by represented employees while working within their classification, the newly changed or modified work will continue to be performed by the represented occupational classification(s), to the extent the represented employee will be performing work that is substantially similar to the preexisting work, employees will be trained when required. In determining whether the work is substantially similar criteria such as, but not limited to, the following must be considered:

Whether and to what extent the skill level and criticality of responsibility required in the resulting job are similar to the skill level and criticality of responsibility of the pre-existing job;

Whether and to what extent the resulting job functions are similar to the pre-existing job functions;

and

Whether and to what extent the resulting end product of the system is similar to the end product of the pre-existing system.

It is not the intent of the company to establish unnecessary classifications or to convert bargaining unit work to non-bargaining unit work.

SECTION 4.03 JOB POSTINGS AND PROMOTIONS.

When filling positions covered under an IBEW bargaining agreement, it is the policy of the company to provide opportunities for transfers or promotions within the company to qualified IBEW bargaining unit employees.

The company will post open positions for five (5) work days. Prior to posting, the union Office will receive a copy of the posting.

Any individual who was employed by the predecessor company on September 3, 2015 in a represented position under this CBA will have their seniority restored less the time off if hired by March 31, 2016.

It is the intent of the company to promote from within the bargaining unit if available employees have the skills and ability necessary to do the work as determined by the company. In cases where skill and ability are equal, the most senior employee will be promoted.

The union shall have the right to contest the company’s decision by filing a grievance. The union will be advised at least one week in advance of promotions becoming effective.

SECTION 4.04 NIGHT SHIFT DIFFERENTIAL.

A shift differential of 10% of the employee's straight time base rate shall be paid for all time worked on a night shift. An employee shall not receive the night shift differential for hours worked before or after his/her regular shift if an overtime rate is received only because such hours are before or after his/her regular shift.

SECTION 4.05 SHOW-UP AND CALL-IN PAY.

An employee (A) reporting for work in the absence of notice not to report, or (B) an employee called in to work on a holiday or on one of the employee's scheduled days off, or (C) an employee who is scheduled back or recalled after completing a day's assignment and has checked out and left the employee's place of employment, shall receive not less than the equivalent of four (4) hours pay at the applicable rate; provided, however, that any amount paid for hours actually worked shall be credited against such minimum guarantee.

SECTION 4.06 TEMPORARY DUTY ASSIGNMENTS DIFFERENTIAL PAY.

Employees who are assigned temporary duty outside the Continental United States will be paid their straight time hourly rate plus a differential of 30% in addition to any premiums or differentials which may be applicable for all hours worked.

Eligibility for differential payment will start on the day of departure and stop on the day of return.

However, the 30% differential will not be paid for those days identified in Table 7.04, SECTION 7.04 where the employee does not work.

An employee will receive a minimum of three (3) working days advance notice of a temporary duty assignment except in cases of emergency.

SECTION 4.07 OPERATIONAL LAUNCH SUPPORT.

The Launch Support chart will be used in lieu of CBA language regarding overtime, rest period, administration time and scheduled work hours to support launch operations. (See Appendix B).

SECTION 4.08 SCHEDULED MINIMUM EARLY IN PAY.

An employee will not be scheduled to report to work less than one hour prior to his/her normal shift start time, except if the need for early in time is less than one hour, the employee has the option to report in at the later time and receive payment for actual time worked.

SECTION 4.09 CELL PHONE ALLOWANCE.

An employee required by the company to use and carry their personal cell phone for work shall be entitled to a $35.00 (thirty-five dollar) monthly stipend.

ARTICLE V - HOURS AND OVERTIME

SECTION 5.01 DEFINITIONS.

The Parties recognize the importance to the defense effort of the work being performed under the terms of this Agreement, and the company agrees that consistent with meeting contract requirements every reasonable effort will be made to arrange work schedules so that a maximum number of employees will be assigned to shifts Monday through Friday.

(A) "Normal Work Week". The "normal work week" for employees covered by this Agreement shall consist of five (5) consecutive days, Monday through Friday, not exceeding eight (8) hours in any one "regular work day" of twenty-four (24) hours. The "normal work week" for continuous operations shall consist of five (5) consecutive days, not exceeding eight (8) hours in any one "regular work day" of twenty-four (24) hours. Once beginning time of an employee(s) normal work week is established it shall remain fixed, but may be changed if the change is intended to be permanent and is not designed to evade the overtime requirements of the Fair Labor Standards Act.

(B) "Scheduled Days Off". Each employee shall have two (2) consecutive "scheduled days off" in each "regular work week". A "scheduled day off" shall be a regular work day during which no "regular shift" is scheduled to start. For employees whose scheduled days off are Friday and Saturday and whose regular shift spans 12:01 a.m., Friday shall be considered the first scheduled day off and Saturday shall be considered the second scheduled day off for the purpose of determining the applicable rate for hours worked on scheduled days off in accordance with Section 5.02, Computation of Overtime Payment.

(C) "Regular Work Week". The "regular work week" for all employees shall begin at 12:01 am

Monday and end at 12:00 o'clock midnight Sunday (i.e., seven (7) consecutive calendar days, Monday to Sunday, inclusive).

(D) "Regular Work Day". For the determination of daily overtime and of overtime worked in the

"regular work week", on "scheduled days off", and on holidays the "regular work day" will be used and will consist of twenty-four (24) consecutive hours, from 12:01 am to 12:00 o'clock midnight (the calendar day). In all cases, the first "regular work day" in the "regular work week" will begin at the time the "regular work week" begins (i.e., 12:01 am Monday). Hours worked on or in conjunction with a "regular shift" starting in the "regular work day" will be counted as worked in such “regular work day".

(E) "Regular Shift". A "regular shift" shall be scheduled in advance, and shall consist of eight (8) consecutive hours during a "regular work day", exclusive of meal periods. A "regular shift", once set, cannot be changed except by proper notice as defined in Section 5.06, "Change in Shifts".

(F) "Night Shift". The term "night shift" shall mean any shift starting at or after 1:00 P.M. and at or before 6:00 A.M. The time when an employee actually commences work will determine whether or not the employee has worked a "night shift" for the purposes of shift differential pay only.

(G) "Base Rate". An employee's base rate for purposes of this agreement shall be the employee's straight time hourly rate applicable to his/her classification, exclusive of any differentials.

(H) "Working Rate". An employee's working rate for purposes of this agreement shall be the employee’s base rate of pay plus any differential(s) or premiums.

(I) “Odd Work Week". An odd work week shall be any five (5) consecutive work days that do not include Saturday and Sunday as the scheduled first and second days off.

SECTION 5.02 COMPUTATION OF OVERTIME PAYMENT.

Overtime compensation shall be computed on the basis of actual overtime worked to the nearest one-fourth (1/4) hour. Payment for overtime hours worked shall be computed at the following rates:

(A) Time and one-half of the employee's working rate shall be paid for hours worked in excess of eight (8) hours but less than eleven (11) hours in a regular work day.

(B) Double time for hours worked on the employee's second day off.

(C) Double time for hours worked in excess of eleven (11) hours in a regular work day.

This section does not relate to Operational Launch Support covered under Article 4, Section 4.07.

SECTION 5.03 TURNABOUT.

When an employee is required to report for work without being given at least ten (10) hours off after the completion of the employee's previous work period of not less than eight (8) hours, employee shall be paid at the applicable rate for all time worked during the succeeding work period. For purpose of determining the applicable rate under the foregoing, break time will accumulate, although there shall be no payment for such break time.

An employee will not be obligated to work more than sixteen (16) continuous hours. Whenever an employee works sixteen (16) continuous hours, he/she will be given at least a ten (10) hour break before being required to report for his/her next work period.

SECTION 5.04 MEAL PERIODS.

Employees shall be entitled to a meal period during which they shall be relieved of their duties. The meal period shall be near mid-shift and determined based on operational efficiency.

An employee may request, with management approval, to take a "NO LUNCH" and work a straight eight

(8) hours before being released to go home.

SECTION 5.05 CHANGE IN SHIFTS.

Shifts will continue to be scheduled as presently established. Changes in shifts will be made only as dictated by range requirements. No shift change shall be made until The Union has been advised of such change. All shift changes shall be scheduled in advance, shall be effective on Saturday and shall not be for less than seven (7) calendar day duration unless an overtime rate is paid. The company shall give notice of at least seven (7) calendar days of any change in regular shifts to The Union and the employees affected. In the event seven (7) calendar days notice of a shift change is not provided, an employee shall be paid time and one-half (1 1/2) their straight time hourly rate for all days which seven

(7) calendar days notice was not provided. The prior notice period is dependent on receiving the government schedule prior to the seven (7) calendar days. Should the government schedule be received within the seven (7) calendar day period, the company will provide notice as soon as possible but no later than twenty-four (24) hours of receipt. Paid time and one-half (1 ½) the straight time rate will apply if the twenty-four (24) hour notice period is not met.

SECTION 5.06 TRANSFERS.

An employee may be temporarily assigned to work at any location provided that such assignment does not exceed forty (40) calendar days.

When assigned on temporary duty between Patrick Air Force Base, Cape Canaveral Air Station and John F. Kennedy Space Center (NASA), the employee will report to his/her temporary work site directly from his/her place of residence. In the event that an employee is required to report TDA to a work location that’s distance is greater than that of their normal work center, the employee will be reimbursed roundtrip mileage for the mileage difference between their normal work center and the TDA work center.

SECTION 5.07 DISTRIBUTION OF OVERTIME.

Overtime shall be distributed equitably among the employees within the respective work center consistent with efficient operation. The first available overtime will be offered to the available qualified person with the least number of hours on the overtime list. The computation of overtime shall be in converted time (i.e., eight (8) hours worked at time and one-half pay shall be charged as twelve (12) hours worked). The company shall make such overtime records available to the employees and the union. Declined overtime hours will be added to the overtime list as hours worked.

SECTION 5.08 PYRAMIDING OF OVERTIME.

No employee shall receive more than one overtime rate for the same hours worked, and if more than one rate is applicable to the same hours worked, the higher rate only shall be paid.

SECTION 5.09 TDY TRAVEL TIME.

An employee who travels to or from a TDY assignment will be paid for such travel time at his/her straight time hourly rate, exclusive of differential payment for all hours traveled up to sixteen (16) hours per day.

When an employee is required to travel and work on the same day, all travel time will be considered time worked for the purpose of determining the applicable rate for hours worked.

An employee who travels to or from a TDY assignment that takes them out of the Continental U.S. or returning to the Continental U.S. will be paid for such travel time at his/her straight time hourly rate in addition to a 30% differential applied to the first eight (8) hours of the travel day. Any additional travel hours will be paid at a straight time hourly rate. The maximum travel hours paid in any one travel day will be sixteen (16).

An employee who is required to travel to or from a TDY assignment that takes them out of the Continental U.S. or returning to the continental U.S. on his/her first or second scheduled day off will be paid for such travel at a time and one-half (1 1/2) base rate in addition to a 30% differential applied to the first eight (8) hours of the travel day. Any additional travel hours will be paid at a time and one - half hourly rate. The maximum travel hours paid in any one travel day will be sixteen (16).

An employee who is required to travel to or from a TDY assignment on one of his/her scheduled days off will be paid for such travel at a time and one-half (1 1/2) base rate up to a maximum of sixteen (16) hours per day.

All travel on scheduled days off must be approved by the employee’s manager.

Employees who travel to seminars/schools on scheduled days off will receive straight time pay for all hours traveled up to sixteen (16) hours per day.

Employees who option to travel on their scheduled days off will receive straight time pay for all hours traveled up to sixteen (16) hours per day.

For commercial flights, departure time from residence shall be of two (2) hours within Brevard County, three (3) hours if outside of Brevard County, prior to scheduled airline departure time, and time spent in travel status to final destination shall be used for computation of travel pay, up to a maximum of sixteen

(16) hours pay per day at the applicable rate. On returning commercial flights travel time to residence shall be one (1) hour after flight arrival if within Brevard County and Two (2) hours if flight arrival is outside Brevard County.

For government furnished travel, scheduled report time on departure and one (1) hour after clearing customs on return will be used for computation of travel pay, up to a maximum of sixteen (16) hours pay per day at the applicable rate.

At TDY locations, travel from hotel to airport of departure and time spent in travel status to final destination will be used for computation of travel pay.

All travel times shall be based on "Local Time" at the location where the travel starts and shall remain on that "Local Time" until the employee completes the TDY travel or Rests Overnight (RON's).

SECTION 5.10 TRIP ALLOWANCE.

Federal Acquisition Regulation shall be followed in determining reimbursable expenses for lodging, meal allowances and incidental expenses incurred on company business for travel inside or outside the United States. The rates will not exceed on a daily basis the maximum per diem rates in effect at the time of travel set forth in the Joint Federal Travel Regulation.

Per diem rates will not be paid for any meals that are provided by the company or hotel/venue.

SECTION 5.11 TRAINING.

The company will pay for training to maintain certifications as required for the position.

SECTION 5.12 REGULAR EMPLOYEES.

It is the intent of the parties that regular full time employees of the bargaining unit perform bargaining unit work. Other employees may only be used in case of emergency, for training purposes or if mission completion is jeopardized.

It is the intent of the company to offer employment of not less than forty (40) hours per work week for fifty-two (52) weeks of each year to employees covered by this Agreement who are ready and available to work, provided nothing in this section shall be construed to prevent the company from releasing employees because of lack of work or for other proper and legitimate reasons, as provided for in other articles or sections of this Collective Bargaining Agreement.

SECTION 5.13 HAZARDOUS DUTY COMPENSATION.

In the event an employee is detained by terrorists or by a foreign government, unless the detention by the foreign government is pursuant to an agreement with the United States, or detained by an unfriendly government, at no fault of the employee, the employees pay and benefits shall remain intact for a period not to exceed three years. These payments will be offset by any other statutory payments.

SECTION 5.14 IMMINENT DANGER

Imminent Danger is defined as an enemy or terrorist attack that has occurred or is likely to occur and all other personnel are released from work. The Imminent Danger rate of pay shall be paid to any employee who is not released within two (2) hours of notification by the Air Force Contracting Officer to the company to release all non-critical employees due to a FPCON Delta.

Subject to Section 5.09 of this Agreement, Imminent Danger pay will be paid at base pay rate plus two times of the employee’s base pay rate for all hours worked up to a maximum of 40 hours for any single occurrence.

SECTION 5.15 DISASTER AND RECOVERY SUPPORT

The Company proposes to pay personnel who are utilized during periods of preparation and recovery actions associated with Disaster and Recovery Support:

1. Under the Range Operations Support Contract, the company bears the primary responsibility for protecting personnel and all covered areas. In the event of disaster conditions at any covered location, the company requires personnel to render to the Air Force any assistance required.

2. It is the intent of the company to first seek volunteers for disaster and recovery support. If the company does not receive the appropriate amount of volunteers, the company will assign based on seniority for each area required to fulfill contractual obligations. Assignments will be as equitable as possible in that individuals who may be forced to work a single event will not be forced to work consecutive assignments when resources are available to support rotation of assignment.

The company understands that individuals assigned may not be able to fulfill their obligation if circumstance beyond their control occur to them or their household.

3. LMR radios will be provided to employees in support of disaster and recovery activities.

4. An employee may be released from work only by an immediate supervisor or higher company management. It is the employee’s responsibility to keep his or her supervisor informed of the employee’s whereabouts in the event an evacuation is pending so the employee may be notified promptly of changes that affect the work situation. For recall/recovery purposes, employees should follow official return-to-work instructions of the company. When the event has passed, employees shall contact their supervisors or other designated contact to provide their status. Any employee who is assigned or requested to report to work or to continue preparations after the general population release or designated as mission essential personnel for the purpose of emergency support and/or prior to “All Clear” will be paid at two times the employee’s base pay rate for all hours worked. An employee reporting for duty shall receive not less than four – hours pay at the applicable rate. If such duty occurs on a Holiday, Employees who report for duty will defer their Holiday and receive an applicable rate.

ARTICLE VI VACATIONS

SECTION 6.01 VACATION POLICY.

It is the policy of the company to grant vacation to employees annually as herein provided. Vacations will, so far as possible, be granted at times most desired by employees, but the right to fix the time for vacation is reserved by the company in order to ensure orderly and efficient operation. When the schedule of vacations of employees in the same occupational group would hamper efficient operations, the choice of vacation time shall be determined by occupational seniority within the group. Allow less senior employees to choose their first vacation time prior to the more senior employees choosing their second and subsequent vacation times. When consistent with efficient operations and with prior approval, an employee may be permitted to schedule vacation in partial day increments.

SECTION 6.02 ELIGIBILITY AND PAYMENT.

Effective October 1, 2015, full-time employees will be given an annual vacation accrual per the following schedule:

FROM

0 Year

LESS THAN

6 Years

10 Days (80 Hours) 6 Years 7 Years 11 Days (88 Hours) 7 Years 15 Years 15 Days (120 Hours)

15 Years 20 Years 20 Days (160 Hours) 20 Years or More 25 Days (200 Hours)

The accrual will be credited on a prorated basis each pay period. During their vacation period, the employees shall continue to be paid at the rate of their regular basic salaries. Such credit may be taken in partial day increments of one hour or more.

SECTION 6.03 VACATION CARRYOVER.

An employee may carry over into a new year up to one hundred and sixty (160) vacation hours into a new year.

SECTION 6.04 PAYMENT IN LIEU OF VACATION.

When the company requests an eligible employee to forego, during the calendar year, any or all of the vacation to which he/she is entitled and the employee agrees and forgoes such vacation, he/she shall be paid in lieu of the unused portion. Payment in lieu of vacation shall be computed on the basis of the employee's straight time rate in effect at the time payment is made.

SECTION 6.05 SPECIAL RULES GOVERNING VACATIONS.

No vacation may be postponed from one calendar year to another except as provided in Section 6.03, Vacation Carryover. Paid holidays occurring during an employee's vacation shall not be counted as part of his/her vacation time.

ARTICLE VII - HOLIDAYS

SECTION 7.01 DESIGNATED HOLIDAYS.

The following holidays shall be observed: New Year's Day, Martin Luther King's Birthday, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, and Christmas Day. Employees shall be granted a floating holiday each calendar year. New employees will not be entitled to take a floating holiday until probationary period is completed.

SECTION 7.02 PAY FOR DESIGNATED HOLIDAYS.

The company shall pay employees for each of the designated holidays at their straight time salary base rate for the number of hours, per day, not to exceed eight (8), for which they are regularly scheduled to work during the work week in which the holiday occurs. In no event will the payment for hours not worked on one of the designated holidays be in excess of eight (8) hours. Employees who work on any one of the designated holidays shall be paid time and one-half for hours worked, and shall in addition receive the holiday pay to which they may be entitled in accordance with the above. In the event the President or the Congress of the United States proclaims a day of holiday leave for Civil Service employees at the location where employees covered by the terms of this contract are employed, they shall be paid in accordance with the above, provided that they would have otherwise worked that day or are on scheduled vacation.

SECTION 7.03 OBSERVANCE OF HOLIDAYS.

If a designated holiday falls on an employee's scheduled day off, the holiday will be observed on the work day preceding or the work day following the day on which the holiday falls. The determination as to which day is observed will be made by the company based on Government guidance. An employee's floating holiday will be observed at the mutual convenience of the company and the employee, but in no case will a floating holiday be carried over from one calendar year to another.

SECTION 7.04 TEMPORARY DUTY ASSIGNMENT.

When an employee is TDY outside of the continental United States and a Company recognized holiday occurs, the following table defines how the employee will be allowed to observe the holiday:

Is This Day a Holiday

Uprange?

Is This Day a

Holiday at

TDY Site?

Does

Employee

Choose to

Work?

Does Supervisor

Need Employee to

Work?

Employee

Chooses to

Defer

Holiday?

Pay and Other Compensation

(Note that only the number of hours worked on the holiday while TDY will be deferred for use upon return home. The number of hours deferred per holiday will not exceed eight hours)

YES NO YES NO, but employee works

YES (Straight Time Pay + 30% Pay

Differential) for all hours worked +

Deferred Holiday

YES NO, but employee works

NO Holiday Pay with no Pay Differential +

(1.50 times Straight Time Pay + 30% Pay

Differential) for all hours worked

NO NO, and employee does not work

N/A Holiday Pay with no Pay Differential +

Deferred Holiday + Day Off from TDY site.

NO YES, and employee works

YES (1.50 times Straight Time Pay + 30% Pay

Differential) for all hours worked +

Deferred Holiday

NO YES, and employee works

NO Holiday Pay with no Pay Differential +

(1.50 times Straight Time Pay + 30% Pay

Differential) for all hours worked

Is This Day a Holiday

Uprange?

Is This Day a

Holiday at

TDY Site?

Does

Employee

Choose to

Work?

Does Supervisor

Need Employee to

Work?

Employee

Chooses to

Defer

Holiday?

Pay and Other Compensation

(Note that only the number of hours worked on the holiday while TDY will be deferred for use upon return home. The number of hours deferred per holiday will not exceed eight hours)

YES YES N/A YES, and employee works

YES (1.50 times Straight Time Pay + 30% Pay

Differential) for all hours worked +

Deferred Holiday

N/A YES, and employee works

NO (Holiday Pay with no Pay Differential +

(1.50 times Straight Time Pay + 30% Pay

Differential) for all hours worked

N/A NO, and employee does not work

N/A Holiday Pay with no Pay Differential +

Deferred Holiday + Day Off from TDY site

NO YES N/A YES, and employee works

N/A Straight Time Pay + 30% Pay Differential

N/A NO, and employee does not work

N/A Straight Time Pay with no Pay Differential

+ Day Off from TDY site

TABLE 7.04

For each of the cases shown in Table 7.04, it is intended that all applicable Articles of the

Agreement will be used in computing the employee’s pay.

An employee returning from an assignment outside the continental U.S. during which he/she worked on a Company-recognized up-range holiday will be allowed to observe the holiday on another day within ninety (90) calendar days following his/her return home. The day to be observed will be scheduled upon his/her return from temporary duty, and will be mutually agreed upon between the company and the employee, giving consideration to the operating needs of the company and the wishes of the employee.

ARTICLE VIII - CONTINUOUS SERVICE CREDIT

SECTION 8.01 ACQUISITION OF CONTINUOUS SERVICE CREDIT.

Each employee shall have continuous service credit with the company dating from the first date of his/her unbroken service.

SECTION 8.02 CONTINUITY OF SERVICE.

The continuous service credit and seniority of an employee will be broken under the following conditions, and when so broken such employee shall be for all purposes considered a new employee if and when rehired:

(A) Resignation or other voluntary termination of employment.

(B) Discharge for just cause.

(C) Absence in excess of three (3) consecutive working days without notice, by telephone, written message, or by messenger, to the immediate supervisor or the Operations Manager, unless satisfactory evidence of inability to report is shown.

(D) Unauthorized absence beyond the time limit of an authorized vacation or an approved absence, unless satisfactory evidence of inability to report for work is shown.

(E) Failure to report to work after layoff within ten (10) working days after the company gives the employee written notice to return to such work and failure to notify the company of the employee's intention to return to work within five (5) working days after such notice is given. Such notice shall be deemed to have been sufficiently given if sent to the employee by registered or certified mail to the last address furnished to the Human Resources Department of the company.

(F) The employee’s rights to recall will be three (3) years from the date of layoff.

ARTICLE IX - SENIORITY

SECTION 9.01 ACQUISITION OF SENIORITY.

New employees shall be considered on probation and not entitled to seniority until they shall have acquired one hundred and eighty (180) calendar days of continuous service credit. Upon completion of said period of employment, the employee shall be considered a regular employee and his/her seniority shall date from the start of the probationary period and when thus established, will equal the employee's continuous service credit. There shall be no requirement that the company reinstate or rehire probationary employees if they are discharged during their probationary period.

SECTION 9.02 COMPUTATION OF SENIORITY.

Each employee shall accumulate seniority within the bargaining unit in occupational classifications covered by this Agreement, during his/her period of continuous service with the company. Each employee will maintain separate seniority status within his/her seniority group, as listed in Appendix A of this Agreement. An employee shall establish seniority in his/her current occupational classification after he/she has worked in such occupational classification for thirty (30) calendar days and shall thereupon be credited with his/her total bargaining unit seniority in that occupational classification, within his/her seniority group.

In the event of transfer from one seniority group to another the employee shall be credited with his/her accumulated bargaining unit seniority in the seniority group into which he/she was transferred and continue to accumulate seniority in any group he/she has established seniority.

When two or more employees otherwise would have identical seniority, seniority rank will be determined by alphabetical order of last names, a name commencing with "A" being the most senior. This procedure shall apply in all determinations of seniority.

SECTION 9.03 TERMINATION OF SENIORITY.

The seniority of an employee shall be lost under the same conditions which cause a break in continuous service credit as set forth in Section 8.02 of this Agreement, except that if at the time of layoff or recall an eligible employee refuses to take a job in a 50 mile radius of his/her previous work center, and in the same labor grade as the occupation in which he/she holds seniority, he/she shall be deemed to have resigned from employment.

If, at the time of layoff or recall, any eligible employee refuses to take a job over 50 mile radius of his/her previous work center or in a lower labor grade than that of the occupation from which he/she was laid off, he/she shall retain his/her rights to be recalled to that occupation.

SECTION 9.04 EMPLOYEES TRANSFERRED INTO BARGAINING UNIT.

An employee who has established seniority rights in an occupation within the bargaining unit and who is subsequently transferred or promoted to a position not covered by this Agreement, shall be deemed to have retained seniority rights in accordance with the provisions of this Agreement for a period of twenty-four (24) months from the date of such transfer or promotion providing that there are no bargaining unit employee(s) on layoff or in layoff status and in the opinion of the company it becomes necessary or advisable to return the employee to a position within the bargaining unit, all seniority rights acquired before such transfer or promotion will be restored.

SECTION 9.05 LAYOFF.

In the event of layoff, probationary employees, as defined in Section 9.01 of this Agreement, in the occupational classification and seniority group affected shall be laid off first. If further layoffs are necessary within the seniority group, such layoffs shall be made by bargaining unit seniority within the occupational classification and seniority group affected; the employee with the least bargaining unit seniority in such occupational classification and seniority group shall be the first to be laid off and the last to be recalled. An employee subject to layoff under the forgoing may exercise bumping rights in the following order provided he/she has greater bargaining unit seniority than the employee being displaced:

1. Displace the employee with the least bargaining unit seniority in any lower rated occupational classification in his/her seniority group; provided the employee has greater seniority and has previously established seniority in that occupational classification in his/her seniority group; or displace the employee with the least bargaining unit seniority in an equivalent occupation in his/her present seniority group, provided he/she had established seniority in that occupation while in his/her present seniority group; or displace the employee with the least bargaining unit seniority in an equivalent occupation in any other seniority group in which he/she had established seniority, provided he/she had established seniority in that occupation while in that seniority group.

2. Displace the employee with the least bargaining unit seniority in any lower rated occupational classification in any other seniority group provided he/she has established seniority in that occupational classification and seniority group.

3. Displace any probationary employee in the bargaining unit, provided he/she has the skill and ability to perform the work as determined by the company.

Such employee must notify the company in writing of his/her intention to exercise bumping rights within forty-eight (48) hours of the company 's layoff notice. An employee so displaced may similarly exercise his/her rights to displacing another employee in accordance with the same criteria, it being understood, however, that the initial and resultant "bumps" must occur simultaneously so that there will be no delay in the layoff procedures. No employee may "bump" another employee in a higher graded occupational classification.

In all cases of layoff, the company will give not less than two (2) weeks notice of contemplated layoffs to the employees affected and to the union. Where, however, such notice is not feasible, The Company will notify the employee and the union as promptly as possible and give, in lieu of said notice, two (2) weeks pay, not to exceed eighty (80) hours at the…