CBA_WCFS_and_Teamster.pdf

WOLF CREEK FEDERAL SERVICES, INC.

AND

TEAMSTER LOCAL UNION NO. 769

REPRESENTING

LOGISTIC SUPPORT TECHNICIANS

AND

LEAD LOGISTIC SUPPORT TECHNICIANS

ON THE

RANGE OPERATIONS SUPPORT CONTRACT

EFFECTIVE OCTOBER 1, 2018

EXPIRES SEPTEMBER 30, 2021

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Table of Contents

COLLECTIVE BARGAINING AGREEMENT

ARTICLE 1

PURPOSE OF AGREEMENT

ARTICLE 2

RECOGNITION AND SCOPE

ARTICLE 3

WORKING WEEK

ARTICLE 4

OVERTIME COMPENSATION

ARTICLE 5

HOLIDAYS

ARTICLE 6

SENIORITY

ARTICLE 7

VACANCIES

ARTICLE 8

CLASSIFICATIONS

ARTICLE 9

LEAVES OF ABSENCE

ARTICLE 10

MILITARY LEAVE - RETENTION OF SENIORITY

ARTICLE 11

NO STRIKE - NO LOCKOUT

ARTICLE 12

MANAGEMENT CLAUSE

ARTICLE 13

DISCIPLINE AND DISCHARGE

ARTICLE 14

PAID TIME OFF

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ARTICLE 15

GRIEVANCES

ARTICLE 16

ARBITRATION PROCEDURE

ARTICLE 17

GENERAL

ARTICLE 18

SEVERANCE ALLOWANCE

ARTICLE 19

ABSENCE FROM DUTY

ARTICLE 20

EQUAL TREATMENT

ARTICLE 21

UNION REPRESENTATION

ARTICLE 22

UNION SHOP

ARTICLE 23

SAVING CLAUSE

ARTICLE 24

MUTUAL AGREEMENTS

ARTICLE 25

DURATION OF AGREEMENT

APPENDIX A

WAGE SCALE

APPENDIX B

HEALTH & WELFARE

APPENDIX C

RETIREMENT

APPENDIX D

SAFETY SHOES

COLLECTIVE BARGAINING AGREEMENT

This Agreement is entered into under the terms of the Labor Management Act, 1947, as amended, by and between Wolf Creek Federal Services, Inc. (hereinafter sometimes referred to as the "Company") and Teamster Local Union 769, (hereinafter sometimes referred to as the "Union") as representative of the employees in the classifications listed in Article 9 of this Agreement, subject to the exceptions noted therein.

ARTICLE 1

PURPOSE OF AGREEMENT

(a) This Agreement is entered into, under the terms of the Labor Management Act, 1947, as amended, in the mutual interest of the present and future employees, and of the company to promote the safety and continuity of operations to further efficiency and economy of operations, and to stabilize employment under reasonable hours, rates of pay, and working conditions. It is recognized by this Agreement to be the duty of the Company and the employees to cooperate fully both individually and collectively, for the advancement of said conditions.

(b) To further these purposes, the Company or a representative of the Union may request a conference at any time to discuss and deal with any general conditions that may exist at the location covered by this Agreement.

ARTICLE 2

RECOGNITION AND SCOPE

The Teamster Local 769 is recognized by the Company as the sole collective bargaining agent for those employees of Wolf Creek Federal Services, Inc., Range Operations Support Contract based in the United States whose classifications are set forth in Article 9 of this Agreement, said Union having certified as representing those employees in conformity with the provisions of the Labor Management Act, 1947, as amended.

It is understood and agreed that the Company, to the extent that it performs work described below with its own employees, will assign such work to employees covered by this Agreement.

The work referred to in the preceding paragraph is the work currently performed by the Teamster employees under this Agreement, and including the work performed by Logistic Support Technician and Lead Logistic Support Technician and any other employees who receive, ship, sort, handle and distribute parts and mail in support of range operations or any other stock of material.

It is understood and agreed that the foregoing is intended between the parties hereto to maintain the status quo regarding the type of work currently being performed by Teamster employees covered by this Agreement. It is further understood that the parties do not intend to give to Teamster personnel the type of work currently being performed by other Company employees, covered or uncovered, or to take from Teamster personnel the type of work currently being performed by them.

Management will not perform productive work assigned to and performed by employees in classifications listed in Article 10 except as follows:

(1) Work which has historically been performed as a part of a management function.

(2) Work required to protect life or property.

(3) For immediate action to avoid interruption of any of the Company's operations.

The work referred to in two (2) and three (3) above shall be turned over to the appropriate employees in the classification listed in Article 9 as soon as they can be made available.

ARTICLE 3

WORKING WEEK

(a) The work week shall consist of five (5) consecutive days within any consecutive seven (7) day period.

(b) The work day shall consist of a twenty-four (24) hour period beginning at 12:00 o'clock midnight, and a regular day's work shall consist of eight (8) consecutive hours, exclusive of meal periods.

(c) Meal periods shall be thirty (30) minutes on all shifts except when varied by agreement between the parties. An employee may request, with management approval, to take a “no lunch” and work a straight eight (8) hour shift before being released to go home.

(d) For the purpose of establishing a standard pay period, the week shall start at 12:01 a.m. Saturday, Sunday, or Monday at Company option.

(e) Meal periods shall be scheduled as close to mid-shift as possible.

(f) Any employee notified by the Company to report for work on a day on which a hurricane occurs/ forecast or in case of circumstances over which the Company has no control shall receive a minimum of six (6) hours pay if they report for work. Radio or other notification 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, and any employee affected by such notice who thereafter reports shall not be entitled to pay.

(g) All overtime worked before and/or after, and continuous with a regularly scheduled shift, shall be considered as work performed on the day in which the regular shift started.

ARTICLE 4

OVERTIME COMPENSATION

(a) Overtime compensation shall be computed on the basis of actual overtime worked to the nearest tenth of an hour and no overtime work shall be required, proffered, or permitted except by direction of the proper supervisory personnel of the Company, except in cases of emergency where prior authority cannot be obtained.

(b) Time and one-half (1 1/2) will be paid for all hours worked outside of the regularly scheduled shift. However, if an employee works twelve (12) consecutive hours, additional hours beyond twelve (12) will be paid at double time.

(c) Premium pay for hours worked as described in (b) of this Article shall not be paid where such hours result from a necessary change in an employee's shift assignment or due to rotation of days off.

(d) Overtime rates shall be paid for not less than two (2) hours to any employee called back for any duty not continuous with his regular working hours. Overtime rates shall be paid for not less than one (1) hour to any employee scheduled or called into work prior to and continuous with his regular work day.

(e) Any time compensated for but not worked on a holiday shall be considered as time worked for the purpose of computing overtime.

(f) The principles of equal distribution and advance notice of overtime will be applied as far as practicable.

(g) Employees will not be required to absorb overtime by taking time off.

(h) The Company will make every reasonable effort, consistent with its operating requirements, to give affected employees one (1) hour notice of overtime work assignments.

For the purpose of maintaining health and safety, employees will not normally be permitted to work in excess of sixteen (16) hours.

(i) There shall be no pyramiding of overtime.

ARTICLE 5

HOLIDAYS

(a) The following holidays with pay shall be granted:

New Year’s Day Independence Day Martin Luther King’s Birthday Labor Day President’s Day Columbus Day Veteran’s Day Thanksgiving Day Memorial Day Christmas Day

Employees shall be granted one (1) floating holiday each calendar year. Floating holidays cannot be carried over from one calendar year to another. Floating holidays must be approved by management. Such approval will not be unnecessarily withheld.

(b) The holidays listed above will be observed in accordance with the installation schedule. If any of the above holidays fall on an employee’s regular day off, his next work day shall be observed as the holiday.

(c) Employees scheduled to work on a holiday who fail to work without justifiable cause shall receive no pay for the day.

(d) In addition to these holidays, employees shall be granted any holiday that may hereafter be established by an Act of Congress of the United States or by proclamation of the President of the United States.

(e) No employee shall be required to report for duty on a paid holiday except when absolutely required for the operation.

(f) A full time employee not working a holiday shall receive eight (8) hours of straight time pay for the holiday. An employee working a holiday shall receive time and one half (1 1/2) for all hours worked plus eight hours of straight time pay for the holiday.

An employee working the holiday will be guaranteed a minimum of four (4) hours work. Part time employees will receive a prorated amount for holiday pay based on their work schedule.

ARTICLE 6

SENIORITY

(a) New employees will be considered on probation for a period of ninety (90) calendar days from the date of hire.

(b) If a reduction in force is necessary, employees will be laid off based on seniority with junior most first.

(c) Re-employment after a layoff shall be on a seniority basis senior most first. Offers of recall to laid-off employees will be made to the last address on record by Certified Mail, Return Receipt Requested. The offer of recall shall provide the employee at least fourteen (14) days to report to work. A laid-off employee, who fails to respond to the offer of recall within seven (7) days of notification, will forfeit all seniority under this Agreement and his name will be removed from the Seniority Roster unless satisfactory reason for failure to report is provided within fifteen (15) days from the date of notice. In such case, they shall retain seniority for subsequent opportunities.

Seniority rights of an employee, who has been laid off and not rehired, shall continue for a period of twenty four (24) months if he has completed his probationary period.

Seniority rights of an employee who refuses recall to a classification under this

Agreement shall terminate immediately.

A laid-off employee desiring to protect his seniority rights shall promptly advise the appropriate Human Resources Manager of any change of address. Such notifications shall then be forwarded promptly by the Company to the Union.

(d) Two (2) copies of the seniority list giving name, date of employment, and job classification shall be furnished to the local Union upon request.

(e) Employees who forfeit or lose their seniority rights as provided in this Agreement shall, if they are rehired under this Agreement, be considered as new employees.

(f) In the event of geographical relocation of the work performed by employees under this Agreement, the Company and Union will meet and negotiate the impact.

(g) Effective on and after the date hereof, the relative seniority of employees hired on the same date shall be determined by the last four digits of the employee's Social Security number. The employee with the highest of the last four (4) digits shall be deemed the senior. The Union shall be so advised.

(h) An employee may be temporarily assigned to work at any location.

(i) Notwithstanding their positions on the seniority list, the Union representatives in the event of layoff shall be continued at work as long as there is sufficient work under this Agreement.

(j) Any employee that was not hired by a successor employer shall retain recall rights to any bargaining unit position for twenty four (24) months.

ARTICLE 7

VACANCIES

Vacancies will be filled by selection of the most senior qualified bidder in accordance with the procedure hereinafter set forth:

(a) All vacancies and all new jobs expected to be more than thirty (30) days duration in the classifications covered by this Agreement will be sent to the Union Business Manager and the Steward. Such requisitions will be sent no more than five (5) days after the vacancy occurs, and remain posted for five (5) days. The requisition will state the number of jobs to be filled, scheduled location, the classification, and the rate of pay of each job to be filled.

(b) Any employee may bid for job classification of higher rank than classification currently held. An employee bidding for more than one (1) vacancy shall indicate the order of preference on each bid and, if they are the senior qualified bidder for more than one

(1) vacancy, they shall have the opportunity to qualify only for the job ranked highest in their preference. All bids will be made in two (2) written copies with one (1) copy furnished to the Company and one (1) copy furnished to the local Union Business Representative.

(c) Qualifications for open positions shall be established by the Company, and shall include reasonable measurable standards such as ability, quality and performance of work. In the event that the senior employee is not selected for an open position, they shall be furnished reasons in writing, and the Union will be notified.

(d) Employees temporarily assigned by the Company to higher ranked positions shall be considered to be promoted and receive the increased pay established for such higher rank while occupying such position.

ARTICLE 8

CLASSIFICATIONS

The classifications under this Agreement are:

LOGISTIC SUPPORT TECHNICIAN

Performs proficiently under supervision all the duties of a major phase of stockkeeping work, including but not limited to receiving, identifying, delivering, storing, issuing, shipping, sorting, inventorying, recording and the like, as well as pick-up and transporting equipment, materials, and supplies for turn-in. Work may require independent lifting up to 40 lbs.

Performs mail duties as assigned including but not limited to pick-up, sorting and delivering.

Under supervision performs proficiently all phases of a designated special function requiring some independent planning and the exercise of some personal responsibility and judgment.

May act temporarily for a Lead Logistic Support Technician in his absence or be responsible for a special function requiring the application of well-established routines in his classification. A Logistics Support Technician may also be assigned to perform routine clerical tasks such as repetitive posting, recording, and the like. A Logistics Support Technician may be tasked with any work falling under the auspice of Logistics, as long as the level of work is the same or below his/her present pay scale.

LEAD LOGISTIC SUPPORT TECHNICIAN

A Lead Logistic Support Technician is a working leader of Logistic Support Technicians during a working shift, and is charged with the responsibility of leading and directing such Logistic Support Technicians.

ARTICLE 9

LEAVES OF ABSENCE

(a) Employees detained from work because of personal sickness or physical disability shall notify the Company as required. Employees requiring time off due to illness may be granted appropriate leaves of absence.

(b) The Company agrees to comply with the Federal Law regarding the Family Medical

Leave Act and bargaining unit employees will comply with all appropriate procedures regarding the Act.

(c) An employee who is required to report for jury examination or jury duty, or who is subpoenaed to appear as a witness in a local judicial proceeding in which the employee is neither a party in nor a real party of interest in the judicial proceeding , will be paid the difference between the amount received for the compulsory service and the payment the employee would have received for the straight time hours lost from the employee’s regular work schedule up to a maximum of ten (10) days each year. To qualify for jury or witness duty pay, the employee must submit a copy of the summons to the supervisor as soon as it is received. In addition, proof of service must be submitted to the supervisor upon completion of the period of jury or witness duty.

(d) Up to three (3) normally scheduled work days, bereavement leave with pay will be granted to an employee on the active payroll who, because of death in the employee’s immediate family, takes time off from working during the employee’s normal work schedule. Such pay shall be for normal regularly scheduled hours at the employee’s regular straight time rate. Bereavement leave must be taken within ten

(10) days following the death. If additional time is required for out of state travel, an employee may take up to two (2) additional days of leave (Paid Time Off or unpaid leave). For the purpose of this payment, the immediate family includes the employee’s mother, father, children, stepchildren, brothers, sisters, grandparents, grandchildren, spouse, significant other, and spouse or significant other’s mother or father.

ARTICLE 10

MILITARY LEAVE - RETENTION OF SENIORITY

(a) The Company will comply with the provisions of the Uniformed Services Employment and Reemployment Rights Act.

(b) When military training leave of not to exceed two (2) weeks is granted, time spent on such leave shall not affect the employee's wage review period, vacation accrual, or seniority.

(c) Compensation for a maximum of ten working days per year shall be granted to employees fulfilling training commitments within the Military Reserves or National Guard. The employee's compensation will be the difference between his or her normal base salary or regular hourly rate of pay for a forty (40) hour week and base military pay plus any special military payments excluding pay for expense and travel.

ARTICLE 11

NO STRIKE - NO LOCKOUT

As this Agreement provides for the amicable adjustment of any and all disputes and grievances, the Company agrees not to lock out any employee or group of employees while this Agreement is in effect, and the Union agrees that it will not cause or call a strike, sit-down, stay-in, or slowdown nor engage in any sympathy strike.

ARTICLE 12

MANAGEMENT CLAUSE

The management of the Company and the direction of it employees, including the establishment of working conditions, the evaluation of performance, the hiring, promoting, demoting, and rehiring of employees, the suspending, the discharging or otherwise disciplining of employees, and the laying off and calling to work of employees in connection with any reduction or increase in working forces, are the exclusive functions of management to the extent that any of such matters are not otherwise covered or provided for in this Agreement; and provided that, in the exercise of such functions, the management shall not violate any provision of this Agreement or discriminate against any employee because of membership in, or lawful activity on behalf of, the Union.

ARTICLE 13

DISCIPLINE AND DISCHARGE

(a) No employee subject to this Agreement who has completed their 90 day probationary period shall be discharged or disciplined without investigation and approval by a recognized official of the Company. The Company will not be responsible for an investigation if the discharge is at the direction of the Government.

For new hires and employees who are recalled or re-hired after more than 2 years in layoff status; if an interim or full security clearance is required, the employee must obtain and maintain the required clearance for the duration of their employment.

(b) It is understood herein that the Company has the right to discipline or discharge an employee within ten (10) working days after the Company learns an action has occurred which has established just and sufficient cause. If an employee feels he has been unjustly dealt with by the discipline or discharge decided upon, as hereunder set forth, he shall be entitled to utilize the grievance procedure as set forth in Article 15 of this agreement. The period of time set forth in this paragraph may be extended by mutual agreement in writing between the Program Director and the designated representative of the Local Union.

(c) It is understood that an employee subjected to disciplinary action shall be entitled, upon his request, to representation by his Union Representative appointed in accordance with the provisions of this Agreement.

(d) An employee disciplined or discharged shall at the time of such action be furnished with a statement in writing setting forth the precise charge(s), which caused the action.

(e) An employee still in his probationary period may be terminated at any time without recourse.

(f) All documents regarding an employee's discipline (Warning or Suspension) will be removed from the employee’s personnel file after a period of one (1) year from date of issuance provided an employee makes such request through his immediate supervisor and a similar discipline has not occurred.

ARTICLE 14

PAID TIME OFF

(a) It is the policy of the Company to provide PTO to eligible employees for vacation, sick time and other personal reasons. PTO will be granted at times most desired by employees consistent with orderly and efficient operations.

(b) PTO shall be accrued per pay period based on the following table:

Length of Service Annual PTO

0 to less than 4 years 15 days

4 to less than 14 years 20 days

14 years and over 25 days

(c) Upon termination of employment, an employee will be paid for all accrued and unused PTO at the employee’s current base rate of pay.

(d) The maximum accrued but unused PTO which may be carried over from calendar year to calendar year shall be thirty-five (35) days. PTO time in excess of 35 days shall be paid out to the employee

(e) Employees working less than 40 hours per week will have their PTO accrual prorated based on scheduled hours.

ARTICLE 15

GRIEVANCES

(a) An employee who believes that he/she has been unjustly dealt with as to the interpretation of this Agreement in its application to a particular situation, or as to whether it has been observed or performed, shall be a "grievance" under this agreement; the procedures provided herein shall be the exclusive remedies available to the Company, the Union, and to the employee for the adjustments of such grievances.

(b) All grievances beyond Step 2 involving employee claims shall be in writing and shall be signed by all employees claiming rights thereunder.

(c) In an effort to adjust employee grievances by mutual agreement, they shall be presented in the following order and within the following time limits:

Step 1 The employee with the Steward shall promptly bring the grievance to the supervisor. If such grievance is not settled within two (2) working days then;

Step 2 It shall be reduced to writing, signed by the employee and the appropriate Union representative. The written grievance must set forth a statement of grievance and the article or paragraph of the agreement which is claimed to be violated, and taken up with the Program Director and a meeting will be scheduled within five (5) working days. If no agreement has been reached within five (5) working days after the meeting, it shall be moved to Step 3.

Step 3 Between the Operations Manager and the Business Representative of the Union. A meeting will be held within ten (10) working days after receipt of the grievance into the Third Step. If no agreement has been reached within fifteen (15) working days after the meeting, either party may submit the grievance or dispute to arbitration in the manner provided herein.

(d) Any aggrieved employee shall have the right to be present at any stage of the grievance procedure in which his/her grievance is being considered. No employee may leave the job, take up or settle a grievance without requesting permission from his/her immediate supervisor. Such permission will be granted provided it does not retard or interfere with operations or create a hazardous condition. If permission cannot be granted, time limits will be waived until permission is granted. Witnesses called by either party may attend the grievance meeting at any step, subject to the same provisions above outlined for attendance of an aggrieved employee.

(e) All grievances shall be presented within ten (10) working days of the occurrence upon which the same is based. The failure to submit a grievance within such periods shall constitute a bar to further action thereon.

ARTICLE 16

ARBITRATION PROCEDURE

(a) The party desiring arbitration shall notify the other party in writing within the fifteen

(15) day period specified in Article 15, and shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Such request shall be made within fifteen (15) working days notice to the other party.

Each party shall, within ten (10) working days from the receipt of such list, be entitled to alternately strike a name from the list until one name remains and this person shall be the arbitrator. The parties shall alternate who shall strike the first name.

(b) The parties agree that the decision or award of such arbitrator shall be final and binding on each of the parties and that they will abide thereby, subject to such laws, rules and regulations as may be applicable. The authority of the arbitrator shall be limited to determining questions involving the interpretation or application of specific provisions of this Agreement, and no other matter shall be subject to arbitration hereunder. The arbitrator shall have no authority to add to, subtract from, or change any of the terms of this Agreement, to change an existing salary rate, or to establish a new salary rate. In no event shall the same question or issue be the subject of arbitration more than once.

Each party shall bear the expense of preparing and presenting its own case. The cost, if any, of the arbitrator and incidental expenses mutually agreed to in advance shall be borne equally by the parties hereto.

ARTICLE 17

GENERAL

(a) Employees shall give the Company two (2) weeks notice of resignation in writing.

The Company may waive this requirement in exceptional cases.

(b) Except when 19 (h) is applicable, employees laid off through no fault of their own shall be granted two (2) weeks notice in writing or two (2) weeks pay.

(c) 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 or seal of the Union.

(d) Any regulations or rules which are now or which hereafter may be imposed on the

Company by the United States Government will apply with equal force and effect to the employees covered by this Agreement.

(e) Employees covered by this Agreement shall be governed by Company rules, regulations, and orders issued by properly designated authorities of the Company which are not in conflict with the terms and conditions of this Agreement.

(f) Specialized work clothing and equipment required by the Company shall be provided.

(g) The Company will provide a copy of the Agreement to employees within a reasonable time subsequent to notification of ratification by the Union.

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

(i) An employee shall have access to and the right of inspection of his personnel record in the presence of a Company representative during normal business hours.

(j) The Union Business Representative or his designee may review personnel records related to any specific discipline or discharge grievance. Such review will be made subject to permission of the employee involved and in the presence of a designated company representative.

(k) If an employee receives incorrect pay and promptly reports it, the Company shall make every effort to make the necessary corrections prior to the employee’s next scheduled pay period.

(l) The nature of the Company's business requires that employees present an acceptable appearance. Hair, clothing, make-up and accessories should neatly and reasonably conform to contemporary standards appropriate to the working environment and those generally accepted by the community in which such work is performed. The Company will not take administrative action unless the employee has been advised previously that his or her appearance is inappropriate.

(m) All references to "days" in this Agreement shall be interpreted to mean calendar days unless work days is specifically noted.

(n) Since it is a requirement of the Department of Defense that all Government

Contractors with the Department of Defense have regulations concerning Drug Free Workplace, the Parties agree to comply with the Company’s Drug Free Workplace Policy.

(o) The Company will continue to make all reasonable provisions for the safety and health of its employees during hours of employment. The Company shall provide employees with the necessary tools and/or equipment needed to perform their jobs.

(p) When a Lead is absent for four (4) hours or more, a Logistic Support Technician will be temporarily upgraded to a Lead position to cover the duties.

ARTICLE 18

SEVERANCE ALLOWANCE

(a) The amount of severance allowance payable under this Article to employees eligible is set forth in the following table and it shall be based on length of compensated service under this Agreement with the Company from date of employment, and shall be in addition to all benefits set forth in this Agreement. A week of severance allowance shall be computed on the basis of the employee's regular straight-time hourly rate at the time of layoff, multiplied by forty (40) hours.

Severance pay shall be paid as follows:

Length of Service Severance Allowance

1 year 1 week 2 years 2 weeks 3 years 3 weeks 4 years and over 4 weeks

(c) Severance allowances will not be paid under the following conditions:

(1) In layoffs not expected to exceed one (1) month duration.

(2) If the layoff results from an Act of God, a national war emergency, revocation of the Company's operating certificate, dismissal for cause, resignation, retirement, or a strike or picketing causing a temporary cessation of work.

(d) If an employee is released for reasons set forth in paragraph (c) 1. above, and, if at the expiration of one (1) month from the date of layoff they are not offered reemployment in other than a temporary job, they shall become entitled at that time to severance allowance as provided in this Article in accordance with their length of service with the Company.

(e) Severance allowance will not be granted when (1) the employee is offered a job in a lower classification and elects to accept it in accordance with the Article 8 (c) of this Agreement; (2) they have, within one (1) month of layoff, been offered a job in their own classification in accordance with said Article 7, and has refused such job; (3) they accept any other employment offered by the Company prior to the expiration of one (1) month from date of layoff; or (4) they, within thirty (30) days after termination of employment, are employed, accept employment, or enter into an agreement for subsequent employment in the same, similar, or greater responsibility or skill by a contractor who succeeds the Company.

(f) An employee recalled to work under the terms of said Article 7 after being on layoff for more than one (1) month, who is again laid off under the conditions that would entitle him to severance allowance, shall be entitled to the amount specified for their years of compensated service with the Company in accordance with paragraph (b) of this Article, less the dollar 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 weeks if they also received two weeks' pay in lieu of notice) will have the amount of overpayment deducted from their subsequent earnings.

(h) An employee who has been reemployed under the conditions outlined in paragraphs

(f) and (g) shall retain all seniority and length of service credit for pay and other purposes accrued prior to the date of their severance.

ARTICLE 19

ABSENCE FROM DUTY

(a) An employee hereunder shall not be absent from duty without prior permissions, in writing, except for reasons of sickness, injury, or other justifiable cause beyond the control of the employee.

(b) An employee hereunder who is prevented from reporting for duty by reason of sickness, injury or other justifiable cause beyond the control of the employee shall promptly notify their immediate supervisor or designee, if established by the Company.

ARTICLE 20

EQUAL TREATMENT

There shall be no discrimination by the Company or the Union against any employee because of sex, race, color, national origin, religion, creed, age, veteran's status, sexual orientation, marital status, or disability, as defined by the Americans with Disabilities Act.

ARTICLE 21

UNION REPRESENTATION

(a) The Company will recognize the appointment of the Union Officers and the Steward, by the Union. Such appointments will be confirmed to the Company, in writing.

Employees so appointed will maintain their designation until such time as relieved, in writing, by the Union or transferred to a work unit outside of the scope of their appointment.

(b) Any employee member of the Union acting in any official capacity whatsoever shall not be discriminated against for his/her acts as a representative of the Union so long as such acts do not interfere with the conduct of Company business, nor shall there be any discrimination against any employee because of Union membership activities.

(c) Mutual agreements between the Company and the Union for extension of time limitations governing the grievance procedure will not be considered a violation of the terms of the Agreement.

(d) The Company agrees that the local Union Business Representative can enter the Company's premises during working hours for the purpose of adjusting disputes and/or observing working conditions. When an International Union Representative, Business Representative or designee wishes to enter the premises, a request will be made to the Human Resources Manager.

In addition, if an International Union Representative, Business Representative, or designee desires to confer with a steward(s), the time of such meeting will be set by mutual agreement between the Union and the Company.

Union representatives granted access to the Company's premises shall not interfere with the normal work duties of employees and/or the Company's operations.

ARTICLE 22

UNION SHOP

(a) All present employees who are members of the Union on the effective date of this

Agreement shall remain members of the Union in good standing as a condition of employment. All present employees working in the classifications defined in this agreement who are not members of the Union and all employees who are hired hereafter shall become and remain members in good standing of the Union as a condition of employment on and after the day following the completion of their 90 day probationary period.

(b) The Company shall have the right to assume that all employees in the unit are members of the Union in good standing, unless notified to the contrary by the Union.

(c) The Company will, within two (2) weeks after receipt of notice from the Union terminate the service of any employee who is delinquent in the payment of Union initiation fees or dues unless within such week the employee cures this delinquency.

If the Company believes that the discharge of any employee declared by the Union to be delinquent might violate the rights of such employee under any Federal or State statute or subject the Company to a charge of discrimination for violation of the rights of such employee, it shall notify the Union, in which event, it shall not be required to discharge said employee until the proprietary of such discharge shall have been determined pursuant to the grievance procedure.

(d) It is agreed that the Company shall deduct from the wages and make payable to the

Union the initiation fees and current monthly dues of the Union for those employees in the Unit who have given the employer a duly executed and lawful written assignment for such purpose.

(e) The Union will levy only those initiation fees and dues which are authorized or permitted by the Constitution and By-Laws applicable to the Union and in the manner provided therein. The Company shall be entitled to rely upon compliance by the Union with this provision and the Union shall save the Company harmless with respect thereto.

ARTICLE 23

SAVING CLAUSE

If any provision or the enforcement or performance of any provision of this Agreement is or shall at anytime be determined to be contrary to law, then such provision shall not be applicable or enforced or performed, except to the extent permitted by law. If, at any time thereafter, such provision or its enforcement or performance shall no longer conflict with the law, then it shall be deemed restored in full force and effect.

If any provision of this Agreement or the application of such provision to any person or circumstance shall be held invalid, the remainder of this Agreement, or the application of such provision to other persons or circumstances shall not be affected thereby.

In the event any provision of this Agreement becomes invalid due to the foregoing, the parties agree to meet immediately solely to negotiate replacement provisions for such invalid provisions within the limits of the law. If the parties are unable to agree upon such replacement provision, the dispute shall be submitted to final and binding arbitration, and Article 12 shall apply to such dispute.

ARTICLE 24

MUTUAL AGREEMENTS

Exception agreements, or modifications of this Agreement, may not be made except by mutual agreement in writing between the Company President and the Union Business Representative.

APPENDIX A

WAGE SCALE

(Teamsters)

The following rates of pay will become effective on the date indicated or the date of employment, whichever is later.

OCCUPATION

Current

Rate 10/1/2018 10/1/2019 10/1/2020

Logistic Support Technician $25.11 $25.86 $26.51 $27.17

Lead Logistic Support Technician $26.59 $27.39 $28.07 $28.77

APPENDIX B

HEALTH & WELFARE

In the event the cost of Health Care is negatively impacted due to the Affordable Care Act (ACA) the company and the union agree to return to negotiations over such matters.

Adjustments will be required should the “Cadillac Tax” be triggered.

Medical insurance is provided through the Health First HMO LG CS3 Union HMO Plan.

Employee contributions will be made on a pre-tax payroll deduction basis for the medical, dental and vision programs. The Company will maintain 80% of the monthly premium for the medical program.

1 – The Health Insurance coverage period will be January 1 through December 31 of each year.

2 – Employee payments for January health insurance coverage will start in December of each year.

3 – Health Insurance ends in the month the employee separates. Health Insurance premium amounts deducted in the month of separation will be returned to the employee. For example, an employee who leaves employment in January 2019 will have insurance continuation through the end of January. Any deductions taken in that month will be returned.

Company will provide Basic Life and AD&D insurance at the rate of one times the annual salary of each covered employee, rounded to the nearest thousand, while employed with WCFSI. Employees are welcome to purchase additional Supplemental Life, AD&D, Dependent Life, Short Term and Long Term Disability Insurance through the company.

Note: During the period October 1, 2018 through December 31, 2018 employees under this CBA will remain covered by the Teamsters National Employers Plan.

APPENDIX C

RETIREMENT

The Company agrees to contribute 8% of each employees gross weekly pay to the Teamsters 401-k plan on behalf of each participating employee. Such contributions will be made on a monthly basis consistent with terms of the Teamster plan and Company payroll policy. The company match of 8% is pursuant to the following conditions:

1 - The employee shall contribute a minimum of 4.00% to the Teamsters 401-k plan.

2 - The Company will match the 4% employee contribution with a company contribution of 8%. Employees may contribute more than 4% to the Plan subject to IRS limitations and still receive the Company contribution. Contribution elections must be made in whole percentages per Plan provisions.

3 - Employees may contribute less than 4% in whole percentages or opt not to contribute to the Plan. In either case no employer contribution will be made.

4 – In accordance with the Plan, employees hired after 3 December 2015 are subject to a 30 day waiting period before participation begins.

APPENDIX D

SAFETY SHOES

The Company agrees to reimburse Logistics Support Technicians for the purchase of safety shoes to a maximum cost of $150.00 annually, as needed, based on wear and tear.