Armada_Ltd_CBA_2016__2022_Final_Clean_FEd.pdf

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Collective Bargaining Agreement

By and Between

PRIME CONTRACTOR

ARMADA, LTD.

Subcontractors to Prime Contractor

GT Technologies LLC and

Alpha-Omega Change Engineering, Inc. (AOCE)

THE INTERNATIONAL BROTHERHOOD

OF ELECTRICAL WORKERS

LOCAL NO. 113

BUCKLEY AFB

October 4, 2016 – October 3, 2022 of 22 2

Table of Contents

AGREEMENT

ARTICLE 1 UNION RECOGNITION

ARTICLE 2 UNION REPRESENTATIVE VISITS

ARTICLE 3 MANAGEMENT RIGHTS........................................................................…4

ARTICLE 4 COMPANY POLICIES

ARTICLE 5 SUPPORT REQUIREMENTS

ARTICLE 6 STRIKES AND LOCKOUTS

ARTICLE 7 SECURITY CLEARANCE REQUIREMENTS

ARTICLE 8 NON-DISCRIMINATION........................................................................….7

ARTICLE 9 SUCCESSORS AND ASSIGNS

ARTICLE 10 WEATHER CLAUSE

ARTICLE 11 SAFETY

ARTICLE 12 ACCIDENT REPORTING

ARTICLE 13 LEAVES OF ABSENCE

ARTICLE 14 JURY DUTY

ARTICLE 15 VACATIONS

ARTICLE 16 HOLIDAYS.............................................................................................…13

ARTICLE 17 PAID PERSONAL TIME…

ARTICLE 18 BEREAVEMENT LEAVE......................................................................…14

ARTICLE 19 COMPLAINTS AND GRIEVANCES....................................................…14

ARTICLE 20 ARBITRATION PROCEDURE.............................................................….16

ARTICLE 21 COMPUTATION OF SENIORITY.......................................................….16

ARTICLE 22 HIRINGS & PROMOTIONS AND UPGRADINGS..............................…17

ARTICLE 23 WORKDAY AND WORKWEEK.........................................................….18

ARTICLE 24 WAGES..................................................................................................….20

ARTICLE 25 JOB DESCRIPTIONS............................................................................….20

ARTICLE 26 SEPARABILITY....................................................................................….20

ARTICLE 27 HEALTH & WELFARE BENEFITS.....................................................….21

ARTICLE 28 EIGHTH DISTRICT ANNUITY PLAN........…..............……………… .22

ARTICLE 29 BULLETIN BOARDS............................................................................….23

ARTICLE 30 NOTICES................................................................................................….23

ARTICLE 31 TERM OF AGREEMENT………………………………………………...23

APPENDIX “A” .…………………………………………………..………….…….…...25

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AGREEMENT

Agreement made this October 4, 2016 by and between ARMADA, LTD (including ARMADA’s subcontractors Alpha-Omega Change Engineering, Inc. (AOCE) and GT Technologies LLC) and IBEW Local Union No. 113 at Buckley Air Force Base.

As used hereinafter in this agreement, the term “Employer or Company” shall mean ARMADA, LTD. as the prime contractor and ARMADA’s Subcontractors GT Technologies and AOCE on contract FA2543- 12-C-0009 and the term “Union” shall mean Local Union No. 113, IBEW.

WITNESSETH:

WHEREAS: The company and the Union have bargained collectively in good faith, with respect to wages, hours and other conditions of employment for employees in the bargaining unit hereinafter more clearly defined, and have reached agreement. The Agreement is the sole agreement between the parties hereto relating to the employees described in Article 1 hereof

NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, the company and the Union do hereby agree as follows:

ARTICLE 1 UNION RECOGNITION

(a) The Company here by recognizes the Union as the exclusive bargaining representative, for the purposes of bargaining collectively as required by Section 8(d) of the Labor Management Relations Act of 1947, as amended, with respect to wages, hours and other conditions of employment for the Company’s employees assigned to positions in the following bargaining unit:

1. All employees employed by Armada, Ltd, pursuant to the Buckley AFB Civil Engineering, Information Management, Transportation Services and to include the SBIRS Security Contract, number FA2543-17-C-0001 dated 4 October 2016 thru 3 October 2021 on the contract at Buckley AFB, Aurora, Colorado; BUT EXCLUDING all managers, professional employees, confidential employees, and supervisors as defined by the Act.

2. Whenever the words “employee” and “employees” are used in this Agreement, they shall be construed to refer only to employees included in the bargaining unit as described in Paragraph (a) of this Article.

3. All references herein to gender shall be construed as being equally applicable without any reservation to both males and females.

(b) Introduction of Employees: The Steward will be notified when a new employee is hired. The Steward will be given employee contact information to obtain necessary signatures and to explain the duties of the Steward and the union.

(c) Representation: The Union has the right to appoint no more than one (1) Steward and one (1) alternate at this location where workmen are employed under the terms of this Agreement. The Employer of 22 4 shall be notified in writing with the names of the Stewards. The Company and Union agree that Stewards have full-time job duties to perform as employees and agree that stewards shall be allowed reasonable time during the regular work hours without loss of pay to see that the terms and conditions of this Agreement are observed at his shop or on his job. A Steward shall notify and obtain permission from their supervisor before leaving their work assignment. If a steward is not released, they shall be notified as to the nature of the delay and the expected time in which they may leave. Time limits as specified in the grievance procedure elsewhere in this agreement shall be extended in relation to any delay. Grievances relative to disciplinary suspensions or terminations allow Steward immediate time to perform their representation duties prior to the disciplined/terminated employee leaving premises. No Steward shall be discriminated against by the Employer because of his faithful performance of duties as Steward, nor shall any Steward be removed from the job until notice has been given to the Business manager of the Union, with exceptions of Article 3 (c) and emergency situations

(d) Union Security:

1. All employees who are members of the Union on the effective day of this agreement shall remain members of the union. New employees shall be required to become and remain members of the Union as a condition of employment from and after the 31st day following the date of their employment or on the effective date of this agreement, whichever is later.

2. The Company agrees to make payroll deductions for dues upon proper authorization from its employees. Such amounts are to be deducted each pay period and transmitted as directed by the Business Manager of the union no later than the 15th of the following month.

3. The union agrees to defend and indemnify and hold the Company harmless from and against any and all claims, demands, suits, grievances, liabilities, actions, costs and expenses in any manner arising out of or connected with action by the Company taken pursuant to the provisions of Article 1 (d) 2, additionally once the employee’s individual annuity/individual 401 (k) accounts are credited with the contributions as provided under the terms of this CBA the union releases the company of any liability related to any loss in value of the employees annuity account, except that this provision is inapplicable if the Company’s actions negligently or intentionally cause detriment to any employee.

ARTICLE 2 UNION REPRESENTATIVE VISITS

Within the Federal Government Security Guidelines and with the Federal Government’s authorization onto the installation, duly authorized representatives of the Union shall be permitted to visit worksites for the purpose of observing conditions under which employees are working. Such representative shall inform a member of management of the nature of their visit prior to admission to the facility and of their departure when the visit is completed. Visits will be conducted so as not to interfere with employees work.

ARTICLE 3 MANAGEMENT RIGHTS

(a) The management of the Company and the direction of the working forces are vested solely and exclusively in the Company and shall not in any way be abridged except as specific restrictions are set forth in this Agreement. The company reserves and retains all of its normal and inherent rights with respect to the management of the business, including (without limiting the generality of the foregoing) its right to establish or continue or change policies, practices, and procedures for the conduct of the business; to determine and from time to time re-determine, the number, location, and types of its operations, and the of 22 5 methods, procedures, technology, processes, and materials to be employed; to discontinue the conduct of its business or operations or to perform such business or operations as directed by the customer through subcontractors or otherwise; to select and direct the working force; to establish, eliminate, change, or combine work schedules, job classifications, and work assignments, subject only to the terms of this agreement; to transfer, promote, or demote employees or to lay off, terminate, or otherwise relieve employees from duty for lack of work or other legitimate reasons; to make and enforce reasonable rules for the maintenance of discipline; to suspend, discharge, or otherwise discipline employees for just cause;

and otherwise to take such measures as management may determine to be necessary to the orderly, efficient, or economical operation of the business. Except as otherwise expressly provided in the Agreement, nothing herein shall limit the Company in the exercise of the rights and functions of ownership or management. The contract provisions set forth herein shall be the sole source of any rights the Union may assert in arbitration.

(b) The foregoing enumeration of management rights shall not be deemed to exclude other rights of management not specifically set forth, the Company, therefore, retaining all rights not otherwise specifically covered by this Agreement.

(c) The company reserves the right to terminate any employee without resort to the grievance or arbitration provision, whose removal from their position is requested or directed by the contracting officer or the base commander. A copy of the directive shall be provided the union.

(d) Cross Utilization: The company has the right to assign personnel to assist in classifications other than those defined in the employee’s position description (i.e. cross utilized employee skills) providing:

the employee is qualified or trainable to perform the work without endangerment to him/herself, his fellow workers, customers or the environment. Employees subject to cross training will be trained and paid at the higher classification wage rate and will not suffer any wage decrease.

ARTICLE 4 COMPANY POLICIES

Company policies will be provided to employees. Employees covered by this Agreement are governed by reasonable Company policies, which are not in conflict with the terms and conditions of this Agreement or the terms and conditions of employment, which are mandatory subjects for bargaining.

ARTICLE 5 SUPPORT REQUIREMENTS

Employees outside the Bargaining Unit shall not perform full-time work normally or regularly performed by Bargaining Unit employees, except for purposes of instruction, testing, development, and integration of new or modified equipment or programs, systems failure, and emergency situations. For purposes of this provision, testing and “development” shall mean a sustainment or an engineering effort to demonstrate the effectiveness of changes to new or existing equipment in order to improve performance or to accomplish new requirements. Such work shall not be performed for the purpose of operating, maintaining, removing, installing, or performing maintenance on BUCKLEY AFB equipment.

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ARTICLE 6 STRIKES AND LOCKOUTS

(a) The Union agrees not to cause any strikes, stoppages of work, slowdowns, sit-downs, stay-in, walkout, curtailment of work, interference with work or receipt of shipment of goods or materials, picketing of any of the Company’s operations, customers or sources of supply as a result of a strike as herein defined existing at the Company’s operations, boycott or any other kind of activity which interferes with and/or interrupts the Company’s operations.

1. The Union hereby agrees that it will immediately disavow, through its duly designated officers and representatives, any violation of Paragraph (a) and will promptly take such affirmative action as is necessary to cause such activity to cease and desist and to effect an orderly return to work.

2. In the event there is any interruption of work, as defined above, the Company and the Union shall not consider the merits of that dispute, nor shall any arbitration proceed or continue on that matter until such time as the interruption has been terminated.

3. Any employee or employees who violate any term of this Article shall be subject to immediate discipline, up to and including discharge, by the Company, subject to the grievance procedure.

4. The Union agrees not to initiate, promote, finance, encourage, engage, participate directly or indirectly, or in any manner sanction any form of strike, work slowdown or stoppage or concerted activity during the term of this Agreement.

5. The Company agrees not to cause or permit a lockout to occur during the term of this

Agreement.

6. This Article is a guarantee by each and both of the parties that there shall be no strike or lockout, as defined herein, during the term or this Agreement.

7. This article does not prohibit an individual’s constitutional right to make any individual decision to honor a sanctioned picket.

ARTICLE 7 SECURITY CLEARANCE REQUIREMENTS

(a) It is understood by and between the parties hereto that employees must be able to obtain and hold a security clearance consistent with ARMADA, Ltd’s contractual requirements as a condition of continued employment. Employees shall also be subject to investigation for security clearance and/or unescorted entry authorization under regulations prescribed by the Department of Defense or any other agencies of the United States Government on Government work. Denial or loss of such a clearance and/or unescorted entry authorization by such Governmental agency shall be just cause for termination.

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(b) Prior to termination, the employee and his steward will have the right to discuss the situation with the Project Manager, Human Resources, in order to present any facts that may be pertinent in the Company decision on whether or not to grant an extension.

(c) It is understood that there shall be no liability on the part of the Company for any termination growing out of the denial, loss or failure to obtain clearance and/or unescorted entry authorization by the United States Government; however, nothing in this Agreement shall preclude the individual from following any legal remedy he may have against any other person or organization by virtue of the termination under this clause. Termination because of denial, loss or inability to obtain security clearance and/or unescorted entry authorization by the proper United States Governmental Agency shall not be subject to the grievance or arbitration procedure. This clause shall not in any way diminish an employee’s right to pursue his rights under the terms of this contract when his termination or discharge is the result of action other than a security denial and/or unescorted entry authorization.

(d) Failure to meet government security requirements, including loss of Base access due to an employee’s own negligence, shall be grounds for termination without recourse to the grievance procedure.

ARTICLE 8 NON-DISCRIMINATION

(a) Discrimination: Non-discrimination: Both the Company and the Union shall not discrimination against any employee or applicant for employment by reason of race, creed, color, sex, national origin, age, veteran status, citizenship, disability or any other characteristic protected by law, including but not limited to characteristics protected by Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act Amendments Act of 2008, the Lily Ledbetter Fair Pay Act of 2009, the Family Medical Leave Act of 2008, the Genetic Information Nondiscrimination Act of 2008, and/or any federal human rights or anti-discrimination laws and/or similar state human rights or anti-discrimination laws. The Company and the Union further agree that all claims of any violation of this Non-Discrimination Article shall be subject to the grievance and arbitration process as the sole and exclusive remedy. Arbitrators shall apply appropriate federal or state law(s) applicable to the claim asserted hereunder in rendering decisions based upon claims of discrimination.

(b) Americans with Disabilities Act (ADA): The Union and the Employer will mutually support compliance with the ADA. If an employee is determined to be disabled within the definition of the ADA the Employer will make reasonable accommodations as required by the ADA. The parties agree that any reasonable accommodation made by the Employer to comply with the ADA will not constitute a breach or violation of any provision of this Agreement. The provisions of this Article are not intended to allow a bargaining unit employee to displace another bargaining unit employee.

(c) Union Activity: Union membership or legitimate Union activity will not jeopardize any employee’s standing with the Company or opportunity for advancement. It is further agreed that the Company and its agents will not discriminate against, interfere with, restrain or coerce in any manner whatsoever any steward or member of the bargaining unit because of any lawful activities on behalf of of 22 8 the Union.

ARTICLE 9 SUCCESSORS AND ASSIGNS

The terms and conditions of this agreement shall be binding on any and all successors and assigns of the Employer, whether by sale, transfer, merger, acquisition, consolidation, or otherwise. The Employer shall make substantive efforts to ensure that as a condition of transfer that the successors or assigns will be bound by the terms of this Agreement, and shall notify the Union before parties have concluded their transaction.

ARTICLE 10 WEATHER CLAUSE

(a) Per contract Performance Work Statement Paragraph 1.1.2, “Functions under the contract are deemed Mission Essential.” Therefore, personnel are required to report regardless of base closings or delays unless notified by the Site Lead.

ARTICLE 11 SAFETY

(a) There shall be a Joint Safety Committee consisting of members representing the Employer and up to one (1) member representing the Union. The duties of this Committee shall be to develop and recommend safe work rules that are equal to or greater than the Standards of Construction as established by the Occupational Safety and Health Act of 1970, or other applicable Federal or State laws. Such rules, and the other safety rules provided in this Article, are minimum rules and not intended to imply that the Union objects to the establishment and imposition by the Employers of additional or more stringent safety rules to protect the health and safety of the employees.

(b) It shall also be the function of this Committee to study these safe work rules and recommend their update to the parties to this Agreement for possible inclusion in this Agreement. This Committee shall meet at least once each quarter and also when called by the Chairman or when called by a majority of the Current Committee members.

(c) Members of the Joint Safety Committee shall be selected by the party they represent.

(d) The safe work practices that are in effect on the customer’s property which are more stringent than those in this Agreement shall apply to work, which is performed on that property under the terms of this Agreement.

(e) It is the Employer’s exclusive responsibility to insure the safety of its employees and their compliance with these safety rules and standards.

(f) Any employee not following safety rules shall be disciplined accordingly.

ARTICLE 12 ACCIDENT REPORTING

(a) The Employer shall provide a legible copy of the “Employer’s First Report of injury” to the injured individual and the Local Union Business Manager.

(b) In the event of a fatal injury, the Employer shall inform the Local Business Manager by telephone.

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(c) All employees are required to submit to post accident drug and/or alcohol testing.

(d) Information as to estimated loss of time and as to the actual date that an injured member returns to work shall also be considered as part of each Accident Report.

ARTICLE 13 LEAVES OF ABSENCE

(a) Except for military service or emergency, an employee requesting a leave of absence without pay shall make application in writing two (2) weeks prior to their supervisor on a form to be provided for that purpose by the Company. Leaves of absence shall be granted for personal reasons not less than ten (10) calendar days and not to exceed thirty (30) calendar days as production requirements permit, upon application of the employee and approval of the Company. Any leaves of absence may be extended up to thirty (30) calendar days more provided a written request is received prior to expiration of the leave and upon written approval from the Company. This does not apply to leave granted pursuant to the Family and Medical Leave Act. Any leave of absence that qualifies under FMLA will be requested prior to a Company leave of absence.

(b) Upon written request from the Union, a leave of absence without pay for a period not to exceed fifteen (15) calendar days in any calendar year shall be granted to not more than one (1) employee at a time to attend Union conventions or conferences, without loss of benefits provided that such leave will not interfere with the Company contractual obligations to the Government.

(c) Employees on Leave of Absence Without Pay: Before any unpaid absence begins, all accrued vacation and sick/personal time must be exhausted. During any leave without pay, an employee does not accrue sick or vacation time and is not eligible for any paid time benefits. If an employee’s request for a leave of absence is granted, the Company will continue health benefit coverage to the extent to which the employee receives active pay or compensable time (accrued vacation and sick/personal). Employees on leave of absence without pay will make health benefit payments to continue coverage.

(d) Maternity or Paternity leave will be granted in accordance with the provisions of the Family and Medical Leave Act and Colorado State Law.

(e) Military Service Leave will be granted in accordance with the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”).

(f) Upon written request from the Union, an employee elected or appointed for full-time Union activity necessitating a leave of absence shall be granted such leave without pay, provided the employee is not essential to supporting the Government’s mission, not to exceed three (3) years. This leave may be renewed upon written application by the Union. Upon his/her return, he/she shall be re-employed provided there is then vacant a job which he/she is capable of performing. If a position the employee is capable of performing is not available, he/she will be placed on a preferential hiring list. The employee shall not be eligible for any benefits, provided by this agreement nor shall he accumulate seniority during the period of such leave of absence. Upon return, he/she shall be regarded as having seniority equivalent to that which he/she had immediately prior to his/her leave of absence.

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(g) The employer will offer the health benefits provided the employee pays his portion of the benefit premiums. Any leave of absence that exceeds sixty (60) days will be subject to and in compliance with those benefits offered by COBRA.

(h) All accumulated paid leave must be exhausted prior to being placed on leave without pay status, except for military service. Employees who have requested, and been granted scheduled vacation time off shall not subsequently have such vacation time revoked. However, once vacation pay is exhausted, the remainder of the pre scheduled vacation time will be without pay.

(i) Unless the contract work scope is reduced upon return from an approved leave of absence the employee will be reinstated to a same or similar position including its corresponding current pay. Should the scope of work be reduced during the leave of absence that requires a reduction of the work force, the layoff process described in Article 21 (c) will apply.

(j) Disability: The Company shall grant medical leaves of absence in accordance with the Family and Medical Leave Act (FMLA). If the disability continues beyond the three month period, such employee may, at management’s discretion, be entitled to additional leaves of absence of three month’s each, but not to exceed a total of twelve (12) months. Seniority privileges shall accumulate for the period of time up to a maximum twelve (12) months. The employees involved shall inform their immediate supervisor immediately upon the occurrence of the illness or disability and shall thereafter keep their immediate supervisor informed monthly in writing of the approximate time when they will be able to resume their usual Company duties.

(k) Extended Military Duty: Employees who enter the Armed Forces of the United States shall be granted a leave of absence for the period of such service, and upon honorable discharge there from shall be re-employed by the Company, as provided by the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”).

(l) Non-War Military Duty Absence And Payment: An employee with one (1) year or more continuous service credit who is called for and performs non-war military duty will be compensated for the difference between his/her base military pay, and all other pay and allowances and the payment he/she would have received for the straight time hours he/she was thereby required to lose from his/her regular work schedule, but not to exceed ten (10) eight-hour days per year if he/she is called for training, or five

(5) eight-hour days per year if he/she is called because of an emergency, computed at his/her established regular basic salary rate. Continuous service credit and duly established seniority privileges will accumulate during such leave. No combination of above service shall exceed two (2) weeks per year for compensation purposes.

ARTICLE 14 JURY DUTY

(a) A full time employee who is required to be absent from work during his/her regularly assigned shift to serve as a juror in satisfaction of jury duty service legal requirement shall be fully compensated at his/her regular rate of pay for work hours lost during his/her regularly assigned shift. The Company will grant up to one (1) week of paid time away from work per calendar year after notifying the Project Manager and providing a copy of the summons or subpoena.

(b) It is understood that employee scheduling may become a problem. Maximum communication and of 22 11 cooperation are needed in shift scheduling to insure that contract requirements are met (i.e. common sense prevails).

(c) If the employee is excused from jury duty before the completion of the first half of his work shift, the employee is required to report for work within a reasonable time after he is excused from jury duty. If he returns to work within a reasonable time and completes the second half of his work shift on the day of jury duty, he will receive his regularly scheduled hours at his base rate. If he does not return to work when excused before the completion of the first half of his work shift, he will be subject to disciplinary action by the Employer and will not receive the remainder of the day’s pay. In the event the employee is excused from jury duty during his second half of his work shift, he may return home and will receive his regularly scheduled hours at his base rate.

(d) On any day on which a swing or midnight employee is called for Jury Duty he or she shall not be required to report for work on any shift starting prior to or after the time he or she is due to report for said Jury Duty.

(e) When jury service does not conflict with an employee’s work schedule, the employee may report to work at his regular starting time and retain any jury fee earned, (i.e. common sense prevails).

(f) The Employee will submit official documents to the Project Manager to show evidence of having been selected as a juror and evidence of the number of days the Employee received pay for serving jury duty.

(g) The Employee will record time spent serving on jury duty on his time sheet.

ARTICLE 15 VACATIONS

(a) Full time employees will earn vacation time off with pay according to the following table:

Continuous years of service with the contractor or successor.

Weeks of Vacation Vacation Pay

1 but less than 5 2 Weeks 80 Hours 5 but less than 10 3 Weeks 120 Hours 10 but less than 15 4 Weeks 160 Hours 15 or more 5 Weeks 200 Hours

(b) A vacation year is the twelve (12) month consecutive month period during the calendar year. Vacation may be carried over from one calendar year to the next year, not to exceed the maximum of your annual vacation accrual. Hours over maximum will be lost.

(c) Vacation will accrue per pay period using a formula applicable to the time in Paragraph (a).

Vacation time may then be used as accrued with proper notice.

(d) Compensation for the vacation period shall be computed at the employee’s base rate of pay in effect at the time the vacation is taken. An employee who is terminated or terminates for any reason shall of 22 12 be granted payment for any earned but unused vacation.

(e) Part-time employees are entitled to vacation on a pro-rated basis. Pay will be based on the employee’s average number of part-time hours during the vacation accrual year on the same accrual schedule as for full-time employees (see paragraph (a) above).

(f) For use of partial day vacation, time may be taken in a minimum of one (1) hour increments with one (1) days’ notice or earlier if approved by the Supervisor and/or the Project Manager.

(g) Entitlement to vacation will be based on when the employee started working on the government contract at BUCKLEY AFB.

(h) All employees may submit a vacation request form (to be supplied by the Company). Insofar as operational requirements will permit, the Company will respect the wishes of the employee in granting vacations on dates requested by employee. Seniority at the contract site will be given preference as to time of year for vacation. After this process, the employee will give the Company two weeks advance notice (unless an emergency) of any change for vacation periods in excess of four (4) days. In cases where such change conflicts with other employee vacation dates, the employee desiring a change must coordinate the change with the other employee.

(i) Upon termination, all earned prorated vacation will be paid. For part time employee’s proration will be based on the period of time of the employee’s service and number of hours worked in the calendar year.

ARTICLE 16 HOLIDAYS

(a) The following holidays, when taken as time-off, will be paid for at the basic straight time hourly rate of pay not to exceed eight (8) hours for all full time employees. Part time employees only get paid for holidays they work.

New Year’s Day Martin Luther King Day Presidents Day Memorial Day Fourth of July Labor Day Columbus Day Veteran’s Day Thanksgiving Day Christmas Day

(b) All time worked on the actual Holiday by employees shall be paid at the overtime rate of one and one half (1 1/2) times the employee’s regular rate of pay. In addition, full time employees receive Holiday pay if the full-time employee works during the work week in which the Holiday falls.

The following exceptions are also entitled to Holiday pay.

(c) Any pre-authorized excused absence with pay (e.g. vacation, personal/sick leave, bereavement leave, jury duty). Employees on leave without pay do not receive holiday pay

(d) Full-time employees who are scheduled and approved in writing to take vacation at a time during which a holiday occurs may elect one of the following:

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1. Receive one day less vacation pay and would receive eight (8) hours vacation later in the year.

2. Use their vacation in addition to the eight (8) hours holiday pay, and extend the vacation period by one day in lieu of the holiday.

(e) Since the team is a 24/7 crew, observance of holidays will be on the day the holiday actually occurs.

ARTICLE 17 PAID PERSONAL TIME

(a) In addition to the vacation time above, full time employees will accrue personal time at a rate of

2.77 for bi-weekly payroll or 3,0 for bi-monthly payroll hours per pay period to an annual maximum of 72 hours (9 days) per year. Part time employees will accrue personal time on a pro-rated schedule based on hours worked. Unused paid personal time can be taken over from one year to the next year up to a maximum of 72 hours. Hours over maximum will be lost

(b) An employee shall be compensated for paid personal time at the straight-time base rate of pay for his job classification at the time the leave is taken.

(c) Paid personal time taken is not utilized in the calculation of overtime.

(d) There is no payout on any paid personal time upon termination of employment.

ARTICLE 18 BEREAVEMENT LEAVE

(a) In the event of a death in an employee’s immediate family, the employee will notify his/her Project Manager to obtain approval for time off from work.

(b) All employees shall be eligible for time off from their regularly scheduled worked days with full time employees receiving straight time pay for up to five (5) days paid leave.

(c) Employees on any type of formal leave of absence other than vacation, will not be eligible for bereavement leave.

(d) Proof of death, such as a death certificate or an obituary notice, may be required by the Company.

(e) Employees may be eligible for an additional two days of unpaid leave if requested and approved before the expiration of the five-day leave. Approval of such unpaid leave shall be at the sole discretion of management.

(f) For the purpose of this section, a member of the employee’s immediate family is defined as that employee’s current legal spouse, child, mother, father, siblings, step siblings, grandparents, grandchildren, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, step-mother, step-father, step-children, foster children or domestic partner.

(g) If an employee wishes to attend services for a person not included above, employee may charge the time against the employee’s accrued vacation or sick/personal leave. If paid leave time is exhausted, leave without pay will be granted.

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ARTICLE 19 COMPLAINTS AND GRIEVANCES

(a) Complaints: While not considered a “grievance” as defined hereafter, employees and/or the Union representative are encouraged to engage in informal discussions with the immediate supervisor to attempt settlement or prevent problems prior to the written “grievance” being filed.

(b) A grievance within the meaning of this Agreement shall consist of disputes involving the violation, interpretation or application of this agreement that may arise between the Company and the Union, or between the Company and an employee or employees covered by this agreement. With the exception that this grievance procedure shall not be used for any disciplinary action directed by the Government. The grievance procedure outlined in this Article shall not apply to any situation where the Company is acting under the directives (verbal or written) of the Government, too include Government directed immediate removal of the employee from the contract. The Union will be supplied a copy of the directive from the Government.

(c) Timeliness and Steps: No matter shall be considered as a grievance unless it is presented to the Company within ten (10) calendar days after written notice of the event is received by the Union office on which the grievance is based unless the circumstances of the case made it impossible for either the employee or the Union to know that he had grounds for such claim prior to that date.

1. Step 1: An alleged grievance shall be discussed between the Steward and/or other Union Representatives and the Project Manager or his/her designee. The aggrieved employee may or may not be present at such discussion. The parties shall discuss the grievance and attempt to resolve the dispute. The Project Manager shall render a decision orally within five (5) calendar days after the grievance is first presented and discussed. If the grievance cannot be resolved at this step, then both parties will state their respective positions in writing on a joint form supplied by the Union within five

(5) calendar days after the Project Manager has rendered a decision orally. Then all parties will sign the form. Within five (5) calendar days after the date all parties have signed the form the grievance may be submitted, by the Union, on behalf of the aggrieved employee, to the next step.

2. Step 2: Upon written notice from the Union, the Company will schedule a grievance meeting with the Union to be held within ten (10) calendar days after receipt of the notice. The grievance meeting will consist of a Steward and the Project Manager or his/her designee. The grievant may be present as witness at this meeting. A written decision shall be rendered to the Representative of the Union within ten (10) working days after the meeting. Within ten (10) working days after the date of the written decision, the grievance may be submitted, by the Union, on behalf of the aggrieved employee, to the next step.

3. Step 3: Within ten (10) calendar days of the date of the written decision, either party may demand arbitration, in accordance with Article 20 of this Agreement.

4. The time limits may be waived only by written mutual consent of the parities.

(d) The reason for discharge or other disciplinary action shall be given to the employee in writing at or about the time of the discharge or other disciplinary action and the Company will provide a copy to the Union.

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(e) Record of Disciplinary Action: The length of time a formal corrective action remains active is:

Initial/Verbal Reminder Six (6) Months Written Warning Twelve (12) Months Job Performance Final Warning /Probation Up to Eighteen (18) Months Non Job Performance Written and Final Written Indefinite

If a final written warning is issued and is Job Performance related (job skills, time, attendance, attire, etc.)

the progressive disciple will remain in the employees’ personnel file for eighteen months from the date of the most recent violation. If no further Job Performance issues occur within eighteen months of the last violation, the progressive discipline process will start over. For all other Non-Job Performance related policy violations or offenses (security related issues, sleeping, inappropriate behavior/comments, etc.), the progressive discipline will be maintained in the employee’s final for the duration of the employee’s employment.

ARTICLE 20 ARBITRATION PROCEDURE

(a) During the term of this Agreement, any grievance which has not been finally settled or disposed of in accordance with the steps of the Grievance Procedure outlined above may be submitted to Arbitration within ten (10) calendar days after receipt of the Company’s Third Step reply.

(b) Either party may request the Federal Mediation and Conciliation Service to submit a panel of nine

(9) arbitrators. The parties shall alternatively strike arbitrators from the panel with the loser of a coin toss striking first. The remaining name shall be the arbitrator. The parties may mutually agree to a specific arbitrator thereby waiving the above procedure.

(c) The decision or award of such arbitrator shall be final and binding on each of the parties, and they will abide thereby subject to such applicable laws and rules and regulations as any Federal Agency having jurisdiction may impose. The cost of the Arbitrator’s services, and any other expenses incidental to the arbitration which are mutually agreed to in advance, shall be paid by the party who loses the arbitration.

Each party shall bear the expenses of preparation and presentation of its own case. For the purpose of the Arbitration Procedure, Saturdays, Sundays, and holidays shall not be counted in the computed due date for any decision or appeal there from. In addition, any grievance being submitted to arbitration is subject to final resolution between the designated representative of the Union and the Company designated representative, prior to the grievance being presented to the arbitrator. In order to be arbitral the grievance must have been filed prior to the expiration of this Agreement.

ARTICLE 21 COMPUTATION OF SENIORITY

(a) Seniority is hereby defined as the Employee’s length of continuous service commencing from his or her original contract date of hire.

(b) Employees will be credited with bargaining unit seniority in the occupational classifications in which they are now assigned equal to the employee’s continuous service credit with the contract at

BUCKLEY AFB.

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(c): In the event of layoff or recall from layoff and promotions and upgrading, where employees have substantially the same experience, qualifications and demonstrated job performance, the company will use seniority as the determining factor in employment decisions between affected employees. Demonstrated job performance means consideration where employees may have the same experience and background in performance of duties, but one employee has demonstrated substantially greater skill in performing the duties, discipline history, and reliability in reporting to work.

(d) Unless directed by the Government, in 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 for full time employees give, in lieu of said notice, two (2) weeks’ pay, not to exceed eighty (80) hours at the employee’s straight time base hourly rate.

(e) An employee who is laid off shall have call-back rights for a period of twelve (12) months. It is the responsibility of the laid-off employee to keep the Company advised by certified mail of any changes in his mailing address. The Company shall be considered to have fulfilled its obligation for recall under this Section by sending notice of the job opening to the employee’s last known address by certified mail.

The employee shall express to the Company his intent to return to work not more than seventy-two (72) hours after receipt of certified notice from the Company; thereafter, the employee will have a maximum of seven (7) calendar days in which to report for duty.

(f) An employee’s seniority shall be terminated upon the occurrence of any of the following events:

1. Employee is discharged for just cause;

2. Employee voluntarily quits;

3. Employee has been on layoff status in excess of the time limits provided in paragraph

(e) above.

4. Employee fails to express to the Company his intent to return to work and/or does not return to work in accordance with the requirements of paragraph (e) above;

5. Employee retires and/or becomes permanently disabled.

6. Employee fails to report for work and fails to notify the Company for three (3) consecutive days. The Company and the steward will cooperate to verify employee’s non-availability. The Company will consider extenuating circumstances that may have prevented notification.

7. Employee fails to renew a leave of absence. The Company will consider extenuating circumstances that may have prevented renewal.

(g) In all issues where ties in seniority exist, affected employees will draw to determine placement on the seniority list. This procedure will be conducted by the Steward and the result provided in writing to the Company and the local Union office.

(h) Seniority List: The Union shall supply the Company with a seniority list of the employees covered by this Agreement such list shall be provided to the Company as changes necessitate.

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ARTICLE 22 HIRINGS & PROMOTIONS AND UPGRADINGS

(a) Before employees are hired from the outside to fill vacancies in all labor classifications, it is the intention of the Company to promote from within the bargaining unit in accordance with the provisions of Article 21 (c). The Union will be advised of promotions in a timely manner.

(b) The Company will make its best effort to provide ongoing training and cross training to keep employees skills updated on the equipment and systems that they are responsible for.

(c) Probationary Employees: The Employee shall be on probation for his or her first ninety (90) calendar days of employment in the bargaining unit. During the first ninety (90) calendar days of employment he is subject to discharge without recourse to the Grievance Procedure. Times may be extended by mutual consent of both parties.

ARTICLE 23 WORKDAY AND WORKWEEK

(a) The workweek consists of seven (7) consecutive 24 hour periods, starting at 12:00 AM Sunday through 11:59 PM the following Saturday.

SBIRS Security Shifts are typically eight (8) hours each, 24 hours a day, 7 days a week. The shifts are typically for 8 hours. The employees are unable to leave the premises for lunch but can bring lunch to eat on the premises. A sample schedule is below:

0600 – 1400 (6:00 am – 2:00 pm) Day Shift 1400 – 2200 (2:00 pm – 10:00 pm) Swing Shift: Shift Differential per Appendix A 2200 – 0600 (10:00 pm – 6:00 am) Midnight Shift: Shift Differential per Appendix A

(b) Change in Shifts: Shifts will continue to be scheduled as presently established. Changes in the permanent full time shifts will be made only as dictated by operational requirements and no shift change shall be made until the Union has been advised of such change. If a full-time vacancy exists on a shift, all qualified employees will be notified. The vacancy will then be filled by the most senior qualified employee as determined under the provisions of Article 21 (c) who desires to fill the vacancy. All shift schedules shall be scheduled in advance. The company shall give notice of at least seven (7) calendar days of any change to the schedule to the union steward and employee(s) affected. The Company shall give at least one-day notice of any temporary shift change for “special projects”. These temporary shift changes will be allowed for no more than fourteen (14) calendar days.

Employees on the day shift who are unable to report to work are to call in at least one (1) hour prior to the start of their shift. Employees on the swing and mid shift are to call in at least four (4) hours prior to the start of their shift.

Part-time employees are excluded from the advance notice provisions of this section.

(c) Overview and computation of Overtime (time and one-half the employee’s base rate):

1. All overtime must be approved by the PM or his designee prior to the overtime.

2. Once an employee qualifies for overtime on a shift he/she will remain on overtime until of 22 18 released from work.

3. Overtime will be paid on all hours worked in excess of 40 hours in a given workweek. Paid time off (vacation, sick/personal, jury duty, etc.) is not used in the calculation of overtime.

4. Time and a half for hours worked on a designated holiday(s).

(d) Pay periods are bi-weekly or bi-monthly. When a payday falls on a holiday, payday shall be on the preceding day.

ARTICLE 24 WAGES

(a) Wage rates shall be those set forth in Appendix “A” hereto which by reference is incorporated and made a part thereof.

(b) In the event the Company establishes a new or revised occupational classification in the bargaining unit, the base pay rate be established by the wage determination rate and/or negotiation between the Company and the Union. Operations shall not be delayed through failure to immediately agree upon base pay rate applicable to any such occupational classification. In such cases, pending results of the negotiations, the Company will establish an “interim” occupational classification (whether the classification remains the same or a new classification is selected) and the Company will propose an “interim” base pay rate applicable to the selected occupational classification. The occupational classification and applicable rate will go into effect during the negotiation period. Once an agreement is reached related to an occupational classification and base pay rate, the new classification and rate will be immediately adopted. If the new base rate is higher than the Company’s interim proposed rate, the Company will retroactively pay the difference between the interim base rate and the new (final) base rate to employees that worked during the interim period.

ARTICLE 25 JOB DESCRIPTIONS

Job Descriptions are based on the SCA job description for a Security Guard II and can be found through the SCA Directory of Occupation

ARTICLE 26 SEPARABILITY

(a) Should any provision of this Agreement be declared unlawful by a court of competent jurisdiction or the National Labor Relations Board shall be treated for all purposes as null and void, but all other provisions of this Agreement shall continue in full force and effect.

(b) Both parties agree that in the event any covenant is deleted or rendered inoperative by processes of the preceding paragraph, it shall immediately be renegotiated as to remove objectionable features.

ARTICLE 27 HEALTH & WELFARE BENEFITS

(a) All full-time employees will participate in the benefits for health, dental, life insurance, accidental death and dismemberment (AD&D), short-term…