Attachment_6_CBA_DynCorp_and_IAMAW.pdf

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

DYNCORP INTERNATIONAL, LLC.

(5-RC-15850 & 5-RC-074500)

AND

INTERNATIONAL ASSOCIATION OF MACHINISTS

AND AEROSPACE WORKERS, AFL-CIO, DISTRICT LODGE 4,

LOCAL LODGE 24

AT

JOINT BASE ANDREWS, MD

EFFECTIVE

SEPTEMBER 1, 2016 through AUGUST 31, 2020

Attachment 6

FA2860-18-R-0010

Table of Contents

PURPOSE OF AGREEMENT

ARTICLE 1 GENERAL CONDITIONS OF CONTRACT

SECTION 1- GENERAL PROVISIONS

SECTION 2 - RECOGNITION AND EXCLUSIVE REPRESENTATION

SECTION 3 - PERIOD OF AGREEMENT AND RATIFICATION

SECTION 4 -SUCCESSORS AND ASSIGNS

SECTION 5 – SEPARABILITY

SECTION 6 - STRIKES AND LOCKOUTS

SECTION 7 - SECURITY REGULATIONS

SECTION 8 – NONDISCRIMINATION

SECTION 9 – UNION SECURITY (AGENCY SHOP AND CHECK OFF)

ARTICLE 2 UNION - COMPANY RELATIONS

SECTION 1- UNION STEWARDS

SECTION 2 - BUSINESS REPRESENTATIVES AND UNION OFFICIALS

SECTION 3 - BULLETIN BOARDS AND POSTING NOTICES

SECTION 4 - INFORMATION PROVIDED TO THE UNION

ARTICLE 3 GRIEVANCE PROCEDURE AND ARBITRATION

SECTION 1 - DEFINITIONS

SECTION 2 - GRIEVANCE PROCEDURE

SECTION 3 – ARBITRATION

ARTICLE 4 SENIORITY

SECTION 1 - BASIS OF SENIORITY AND ESTABLISHMENT OF SENIORITY RIGHTS

SECTION 2 – APPLICATION OF SENIORITY

SECTION 3 -LAYOFFS AND RECALLS

SECTION 4 - LOSS OF SENIORITY

SECTION 5 -SENIORITY LIST & SENIORITY RIGHTS

SECTION 6 - JOB/ VACANCY OPENINGS

SECTION 7 - SHOP STEWARD/EXECUTIVE BOARD SENIORITY

ARTICLE 5 EMPLOYMENT CONDITIONS

SECTION 1 – WORKING CONDITIONS

SECTION 2 –TRAINING / NEW TECHNOLOGY

ARTICLE 6 EMPLOYEE PRIVILEGES

SECTION 1-VACATIONS

SECTION 2 - MILITARY RESERVE TRAINING LEAVE

SECTION 3 - BEREAVEMENT LEAVE

SECTION 4 - LEAVES OF ABSENCE

SECTION 5 – HOLIDAYS

SECTION 6 - REST AND LUNCH PERIODS

SECTION 7 - JURY DUTY

SECTION 8 - EMPLOYEE BENEFITS

SECTION 9 – SICK LEAVE

ARTICLE 7 PAY PROVISIONS

SECTION 1 - WAGES

SECTION 2 - OVERTIME

SECTION 3 - HOURS AND DAYS OF WORK

SECTION 4 - PAY PERIOD

SECTION 5 - PROMOTIONAL INCREASES

SECTION 6 - TEMPORARY PROMOTIONS

SECTION 7 - REPORT TIME AND CALL-BACK TIME

SECTION 8 - UNIFORMS AND TOOLS

SECTION 9 - TEMPORARY DUTY ASSIGNMENTS (TDY)

SECTION 10 - ON-CALL PAY

SECTION 11 - EFFECTIVE DATE OF ECONOMIC IMPROVEMENTS

ARTICLE 8 JOB DESCRIPTIONS

SECTION 1 - APPLICATION OF JOB DESCRIPTIONS

ARTICLE 9 MANAGEMENT RIGHTS

SECTION 1 – MANAGEMENT OF THE BUSINESS RIGHT TO MANAGE

SECTION 2 – SUBCONTRACTING

ARTICLE 10 SUBSTANCE ABUSE

APPENDIX A

CLASSIFICATIONS AND RATES OF PAY

APPENDIX B

EMPLOYEE BENEFITS

SECTION 1- GROUP INSURANCE

SECTION 2 - FLEXIBLE BENEFIT CREDITS

SECTION 3 – I.A.M. NATIONAL PENSION PLAN

SECTION 4 - DYNCORP INTERNATIONAL SAVINGS PLAN (DISP)

APPENDIX C ASD ATTENDANCE POLICY

APPENDIX D INCLEMENT WEATHER

1.1 PURPOSE

2.0 APPLICABILITY

3.0 CORE PROCESS

4.0 ROLES & RESPONSIBILITIES

APPENDIX E JOB DESCRIPTIONS

APPENDIX F DRUG FREE WORKFORCE

APPENDIX G DISCIPLINE GUIDE

PURPOSE OF AGREEMENT

This Agreement, entered into by and between DynCorp International LLC, Andrews Support

Division (hereinafter called "the Company"), and the International Association of Machinists and

Aerospace Workers, AFL-CIO, District Lodge No. 4, Local Lodge No. 24 (hereinafter called

"the Union"), a non-profit organization, evidences the desire of the parties hereto to promote and maintain harmonious relations between the Company and its employees, as they are defined in

Article I, Section 2, of this Agreement, and the Union as their Representatives.

The purpose of this Agreement is to provide for wages, benefits, terms and conditions of employment for employees in the bargaining unit, and to ensure industrial peace. To this end, it is recognized that there must be mutual understanding, harmony and cooperation among employees and between employees and the Company, and the Union and the Company; that operations must be uninterrupted and duties faithfully performed in order for the Company and its employees to fulfill their mutual and vital responsibilities to both the public and to the

Government; and that the business of the Company must be operated with economy and efficiency with due regard to competitive conditions. It is recognized by the Agreement to be the duty of the Company, the Union, and the employees to cooperate fully, both individually and collectively, for the advancement of said conditions.

It is agreed that the parties desire to enter into this Agreement to establish wages, hours, and working conditions and to provide for the peaceful settlement of disputes and grievances that may arise affecting the employees covered hereby. The parties recognize the skills and the abilities of the bargaining unit are unique and distinct in the interest of National Security and are highly skilled and dedicated professional in supporting Andrews Support Division (ASD)

Special Air Missions (SAM) missions carrying world leaders. NOW, THEREFORE, the parties agree as follows:

ARTICLE 1

GENERAL CONDITIONS OF CONTRACT

Section 1- General Provisions

(A) In reaching this Agreement, the parties hereto have fully exercised and complied with any and all obligations to bargain and have fully considered and explored all subjects and matters in any way material to the relationship between the parties. In negotiating and agreeing to this contract, all matters concerning which parties could contract have been considered and disposed of.

(B) The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to all proper subjects of collective bargaining and that all such subjects have been discussed and negotiated upon and the agreements contained in this Agreement were arrived at after the free exercise of such rights and opportunities. Therefore, the Employer and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waive the right and each agrees the other shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement.

The parties understand and agree that this Agreement covers all bargained for conditions of employment, and that the Employer has the right, at its discretion, to change, modify or amend conditions of employment not so covered as its business judgment dictates.

(C) It is understood wherever in this Agreement employees or jobs are referred to in the male or female gender it shall be recognized as referring to both males and females

(D) This Agreement can be changed or modified by mutual agreement only by a document in writing signed on behalf of both parties hereto by their duly authorized representatives.

(E) The waiver of any conditions or breach of this Agreement by either party shall not constitute a precedent for any further waiver of such condition or breach.

(F) It shall be the duty of the Company and its representatives and the Union and its representatives to comply with and abide by all of the provisions of this Agreement.

Section 2 - Recognition and Exclusive Representation

(A) Definition of Bargaining Unit and Employees Covered by this Agreement.

The Company recognizes the Union as the sole exclusive representative and bargaining agent with respect to rates of pay, wages, hours and other conditions of employment for the bargaining unit comprised of all full-time regular part-time employees as defined in (5-RC-15850 & 5-RC-

074500) employed by DynCorp International LLC, Andrews Support Division located at

Andrews AFB. The word "employee" or "employees", as used in this Agreement, means all employees of the Company employed at the aforementioned site in job classifications listed in

Appendix A of this Agreement and those provided for in Article 8 of this Agreement:

(B) Excluded are all branch managers, assistant branch managers, production supervisors (SAM4), aircraft supervisors, including transient and dock aircraft supervisors, electronic technician supervisors, all aircraft employees already organized, office clerical employees, professional employees, managerial employees, guards and supervisors as defined by the Act.

(C) Non-Bargaining Unit Personnel

It is understood and agreed that there are times when non-bargaining unit employees may be required to perform work customarily performed by bargaining unit employees. It is also understood that Supervisors and others will be required to work with tools only to meet requirements under the conditions listed below. Therefore, the Company shall have the right to utilize non-bargaining unit employees under one or more of the following conditions:

(1) For instruction and training purposes.

(2) For tests, evaluation and/or experimentation purposes.

(3) In emergencies as defined by the Company at its sole discretion provided such actions do not result in a layoff or reduction in force. Where practical, the Company will notify the applicable steward in advance of the utilization or otherwise notify by email the applicable Union Steward within a reasonable amount of time after the utilization.

(4) As required to assist in working a malfunction/discrepancy on a scheduled aircraft that must be corrected expeditiously in order to successfully launch the aircraft when bargaining unit employees with the necessary skills are not immediately available. Where practical, the Company will notify the applicable steward in advance of the utilization or otherwise notify by email the applicable Union Steward within a reasonable amount of time after the utilization.

(5) In limited circumstances where the satisfaction if the Company’s obligation and responsibilities as a contractor may be jeopardized, when bargaining unit employee’s with the necessary skills are not immediately available. Where practical, the Company will notify the applicable steward in advance of the utilization or otherwise notify by email the applicable Union Steward within a reasonable amount of time after the utilization.

(6) When an employee fails to report to work and other qualified employees are not available. Where practical, the Company will notify the applicable steward in advance of the utilization or otherwise notify by email the applicable Union Steward within a reasonable amount of time after the utilization.

(7) Customer Flying Crew (FCC) personnel initial or proficiency training requirements.

(8) Third party technicians by the Company or other technicians provided by the

Customer that will not result in a layoff or reduction in force.

Section 3 - Period of Agreement and Ratification

(A) This agreement shall be effective September 1, 2016 and shall remain in full force and effect up to and including August 31, 2020, and thereafter from year to year unless written notice to modify, amend, or terminate the Agreement is served by either party upon the other at least sixty (60) days prior to the expiration date of this Agreement.

* Where not otherwise specified, any reference to "days" in this Agreement shall mean calendar days.

(B) Any notice given under this section shall be deemed to be served by the Union when mailed postage prepaid, registered mail, return receipt requested, or delivered in hand, to the

Company’s Program Director for service upon the Company, and such notice shall be deemed to be served by the Company when similarly mailed, or delivered in hand, to the assigned

Business Representative, District Lodge No. 4, for service upon the Union. The date of mailing shown on the registered mail return receipt or the date of written receipt of personal service shall be the controlling date for purposes of Section 3 (A) of this Agreement.

Section 4 -Successors and Assigns

In the event the Employer decides to sell, transfer or assign the business, this Agreement will be subject to existing Federal Labor Law.

Section 5 – Separability

(A) Should any part hereof or any provisions herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or a decree of a court of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof and they shall remain in full force and effect.

(B) The Company and the Union shall, within thirty (30) days, negotiate the provision of the

Agreement affected by such legislation or court decree. Any modification or changes to this agreement brought about by the above negotiations shall be in writing and signed by the parties hereto.

Section 6 - Strikes and Lockouts

(A) The Union, its officers, agents, representatives, stewards and the employees covered by this Agreement agree that during the term of this Agreement there shall be no strikes, including sympathy strikes, honoring or observance of any picket line(s), (whether or not such picket line(s) is sanctioned by the Union), sit downs, slowdowns, work stoppages or any acts that interfere with the Employer’s operations and services it renders. The Union, its officers, agents, representatives and stewards by accepting such provisions has assumed the responsibility of affirmatively preventing violations of this Article. The Employer shall have the right to selectively discipline any employee(s) who violate(s) this provision, up to and including termination, and the union is precluded from arguing disparate treatment. An arbitrator has only the jurisdiction to decide whether or not the affected employee(s) so disciplined did in fact violate the provisions contained herein.

The Employer agrees that during the term of this Agreement there shall be no lockouts.

(B) In the event of an alleged violation of Section 6(A) of this Article, the Company may immediately apply to the proper United States District Court for injunctive relief, including a temporary restraining order, prohibiting the continuation of such an alleged violation, pending submission of the matter to arbitration and the issuance and enforcement of the arbitrator’s order.

In addition to any other remedy set forth in this Article, the Company, without submitting the issue of damages to arbitration, may institute in any Court of competent jurisdiction, an action against the Union for damages suffered by the Company as a result of a violation of this Article.

The remedies set forth in this Article are not exclusive, and the Company may pursue whatever other remedies are available to it at Law or equity.

Section 7 - Security Regulations

(A) The parties to this Agreement hereby recognize the Company's obligations in its contracts with the Government pertaining to security, security clearances, and access to Government-managed property, and agree that nothing contained in this Agreement is intended to place the

Company in violation of its contracts and/or security agreements with the Government.

(B) In the event that the U.S. Military Service or other Government Agency duly concerned with security regulations or operations on Government-managed property, advises the Company that any employee in the Union bargaining unit is restricted from access to Government-managed property, or restricted from work on or access to classified information and material, the Union agrees that such action as the Company may take pursuant to its contractual and/or security obligations to the Government will not be contested, nor will such action be a subject of the grievance procedure contained in Article 3 of this Agreement.

(C) In the event that such Government Agency following the taking of such action within one year advises the Company that such an employee is no longer restricted from access to

Government-managed property or restricted from work on or access to classified information and material, the Company shall promptly reinstate the employee with seniority, to the same job classification held at the time such action was taken, subject to the applicable seniority provisions of the Agreement, if he/she promptly applies for such reinstatement within fifteen

(15) days.

(D) It is understood by and between the parties that, as a necessary condition of employment as defined in the Company’s offer letter of employment, employees shall be subject to investigation for security clearances, special access requests, national agency check and/or unescorted entry authorization under regulations prescribed by the Department of Defense, or other agencies of the United States government on government work. Failure to apply, maintain, or gain a security clearance and/or the denial of required clearances and unescorted entry authorization by such governmental agency will be cause for release from the Company, due to inability to meet job requirements.

In the instance of an initial clearance rejection known as an “interim denial” any employee’s hired after the effective date of this Agreement will have twelve (12) months from his/her date of hire to obtain his/her security clearance. At which time, if the clearance is not awarded by the proper authorities, the employee will be subject to termination at the sole discretion of the

Company. Said twelve (12) month provision may be extended on a case-by case basis.

During the process of a security clearance renewal or periodic investigation as required by the

Department of Defense (DOD) or other agencies of the United States government an employee’s clearance is withdrawn, the employee’s employment under the terms of this agreement will continue for up to twelve (12) months provided the clearance is still being processed. In the event that the required clearance is not granted within those twelve (12) months the other provisions of this Article 1, Section 7 will apply. This period may be extended on a case-by-case basis.

It is understood that there shall be no liability on the part of the Company or the Union for any release growing out of the denial of clearance and/or unescorted entry authorization by the

United States Government and/or non-receipt of a required clearance.

Failure for whatever circumstances to meet the above requirements shall not be a cause of action under the Grievance and Arbitration provisions contained in this Agreement.

Section 8 – Nondiscrimination

It is the intent of the Company and the Union to provide employees with a working environment that is free from all forms of discrimination and harassment which is or which may become unlawful during the period of this Agreement. To this end, the parties agree to comply with all applicable laws, statutes and regulations concerning nondiscrimination in employment.

Section 9 – Union Security (Agency Shop and Check Off)

(A) All employees in the bargaining unit must as a condition of continued employment be either a member of the Union and pay union dues or pay an agency fee to the Union, but not both.

(B) All employees within the bargaining unit on the effective date of this agreement who are not union members must, as a condition of continued employment, pay to the Union while on the active payroll, an agency fee equal in amount to monthly membership dues, beginning with the month following the month in which they accumulate thirty (30) days’ continuous service in the bargaining unit since their last date of hire or rehire. Employees entering the bargaining unit or employees who are rehired with seniority or transferred with seniority into the bargaining unit after the effective date of this Agreement who do not become union members, or having become do not remain union members, must, as a condition of employment, while on the active payroll, pay such fee to the Union commencing the month following the month in which they accumulate thirty (30) days’ continuous service in the bargaining unit if such entry is prior to the fifteenth

(15th) day of that month or commencing with the month following the month of such entry into the bargaining unit if such entry is on or after the fifteenth (15th) day of that month.

(C) Employees who are union members on the effective date of the Agreement shall continue to pay membership dues to the Union as a condition of continued employment while in the bargaining unit and on the active payroll as long as they remain members of the Union;

employees within the bargaining unit who after the effective date of this Agreement become members of the Union shall pay, while on the active payroll, an original initiation fee and membership dues to the Union, as a condition of continued employment while in the bargaining unit and while remaining a Union member; provided that in no event shall the initiation fee and membership dues exceed the amount specified in the Constitution and/or By-Laws of the Union.

(D) Any employee required to pay an agency fee, membership dues, or initiation or reinstatement fee as a condition of continued employment who fails to tender the agency fee or initiation, reinstatement, or periodic dues uniformly required, shall be notified in writing of his delinquency. A copy of such communication shall be mailed to the Company not later than fifteen (15) days prior to such request that the Company take final action on a delinquency. The

Company will within ten (10) workdays, after receipt of notice from the Union, discharge any employee who is not in good standing in the Union or fails to pay applicable agency fees as required by paragraphs A – D of this Article. Any employee so discharged shall be deemed to be discharged for “just cause”. “Good standing” is defined as in compliance with standards permitted by NLRB and court decisions relating to Union shop requirements.

(E) The Company agrees to deduct from an employee's payroll check, Union dues, initiation fees, assessments, or agency fees for all employees covered by this Agreement, provided that the

Union or the employee delivers to the Company a written authorization to make such deductions, signed by the employee, irrevocable for one year or the expiration date of this agreement, whichever shall occur sooner. The Company shall make deductions for each member or agency fee payer from the first pay of such member or agency fee payer each month.

(F) Such payroll deductions referred to in paragraph (E) of this Article shall be remitted to the Secretary Treasurer of the Union the week immediately following the payroll deductions are made. The Company shall furnish to the Secretary Treasurer of the Union monthly, a record of those from whom deductions have been made and the amounts of the deductions. The company shall provide to the Secretary Treasurer of the Union with a listing, on a monthly basis, of all newly hired or laid-off employees.

(G) Should an employee be promoted or transferred to a managerial/salaried classification not covered by this Agreement, the Company shall cease deducting applicable service fees or dues from such employee. When ceasing to deduct applicable service fees or dues for reasons cited in this section, the Company shall submit the names of such employees, and the reasons for no deduction to the Financial Secretary of District Lodge No 4.

(H) Nothing contained in this Article shall be construed to require the Company to violate any applicable law. It is understood and agreed that the Union will save, hold harmless and indemnify the Company from any and all claims, demands, suits or any other forms of liability that shall arise out of the execution, placing in effect or carrying out of the terms of this Article by the Company.

ARTICLE 2

UNION - COMPANY RELATIONS

Section 1- Union Stewards

(A) Upon execution of this Agreement, the Union shall promptly furnish the Division

Manager, in writing, the name(s) of the Union Steward(s). Thereafter, the Union shall promptly advise the Division Manager, in writing, of any change in Stewards. No Steward will be recognized as such by the Company prior to receipt of written notice of notification. From among the bargaining unit employees employed by the Company at this location, the Union will designate and the Company will recognize not more than nine (9) Union Stewards plus one (1)

Chief Steward to serve as the Union’s agents in the representation of employees. After notification to the Program Director, the Union will appoint an Alternate Steward (within the assigned work area) who will only serve in the absence of the elected steward. Union

Stewards shall be selected to represent the employee in the following work areas: Quality

Assurance, Aircraft Branch, Helicopter Branch and Maintenance Branch.

(B) Except as otherwise specifically provided for in the Agreement, union stewards shall not be compensated by the Company for their duties on behalf of the Union. Compensation shall be governed by the following rules:

(1) Arbitrations - Each party shall be responsible to compensate their respective representatives and any persons they select to attend such meetings.

(2) Meetings scheduled at the unilateral request of the Union – the Union shall compensate all attendees from the Union. Such meetings involve steward training, Union

Elections, Union Conferences, etc.

(3) Meetings scheduled at the unilateral request of the Company – The Company shall compensate all attendees from the Union. Such meetings involve:

(a) Periodic or special communications meetings called by management for the purpose of communications of Company events, policies or plans.

(b) Shop Stewards called in by the Company when requested by an employee to be present for investigations that may result in discipline.

When requested by the employee, the Company will notify the shop steward on duty prior to starting the investigation.

(c) To discuss safety hazards and/or make safety recommendations to the management of his/her area.

(C) With prior notice to and with permission of the Union Steward’s Branch Manager and subject to other provisions of this agreement, the Union Steward shall be authorized to meet with employees to respond to requests, complaints, and/or grievances/grievance investigations on Company time. The Company shall be obligated to relieve from duty and compensate at straight time rates the Steward(s) involved in these activities.

(D) The scope of the Stewards activities on Company time shall be limited to the following:

(1) To consult with an employee regarding the presentation of a request or clarification concerning this Agreement, complaint, or grievance which the employee desires the Steward to be present.

(2) To investigate a complaint or grievance of record before presentation.

(3) To present a request concerning this Agreement, complaint, or grievance to an employee's Supervisor in an attempt to settle the matter for the employee or group of employees who may be similarly affected.

(4) For discussions with Stewards of the authorized Business Representative of the Union on employee complaints or grievances or on matters arising out of the application of this Agreement.

(E) It is agreed that a Steward may receive, but not solicit, grievances from employees. For purpose of this agreement, the term "solicit" means the steward will receive grievances from employees and not petition for grievances. However, this does not limit the Steward from notifying the employee(s) that he/she has been grieved due to a breach or violation of this agreement. The Union recognizes and agrees that a Steward will carry out his/her duties with a minimum of interference with the orderly progress of Company work. Where necessary, the

Stewards work schedule or assignment will be adjusted where practical, to allow for time to conduct Company – Union business as specified below:

(1) The parties agree that the union official as defined in Article 3, Section 1

(B) for the affected employee may attend the grievance meeting. If the employee’s Steward is unavailable, a Steward from another Branch may represent the employee in the grievance meeting. It is also agreed that the investigation of grievances is the primary role of the Steward.

(2) To represent the local Union at Step I, Step II and Step III of the grievance procedure as provided in Article 3, the Grievance Procedure.

Section 2 - Business Representatives and Union Officials

Full time representatives of the Union shall have access to the Company's operations for the purpose of contacting Stewards regarding employee Complaints or grievances or matters arising out of the application of this Agreement. Such visits shall be subject to such regulations as may be made from time to time by the Company, the U.S. Military Services, and other government agencies. It is agreed that the Company will not impose regulations, which will render ineffective the intent of this provision. Prior to entering the Company's operations, the Business

Representative shall notify the Program Manager or his/her designee on the date and time he/she will be on the facility. While in Company areas requiring badging, the Union Representative(s) shall be escorted at all times by a Company representative that has been designated by the

Division Manager. The Union Representative(s) must remain in non-work areas unless in the investigation of a grievance, his/their presence in a non-working area is considered to be essential as decided by the Division Manager. The failure of any Union Representative(s) to follow the procedures outlined above will be considered just cause to permanently bar said

Representative(s) from the premises.

Section 3 - Bulletin Boards and Posting Notices

(A) It is agreed that the Union will be permitted, in each work area, to post on bulletin boards provided by the Company.

(1) Notices of Union recreational affairs.

(2) Notices of Union elections and election results.

(3) Notices of Union appointments.

(4) Notices of Union meetings.

(5) Other notices as mutually agreed to by the parties.

Any Company data (i.e. seniority lists, or any Company information that is stamped Proprietary, Confidential, or Company Private, etc.) furnished to the Union needs to be protected as

Company proprietary information and cannot be given to outside third parties. Information provided to the Union shall not be duplicated. The Union bulletin board will be secured and locked at all times and the keys to the bulletin boards will be kept in the possession of the

Company. The Union Steward for the branch shall also have a key to the bulletin board.

Violations of the above will lead to dismissal if the information is released / duplicated to an outside third party by a Union Steward/Employee and permanent disbarment from Company property if released/duplicated by a full time Union Representative.

The Union will be afforded a total of seven (7) locked 3ft. by 4ft. foot bulletin boards clearly identified as "Union Business" where only Union notices will be displayed. Shop Stewards will have full access to the Union Bulletin Board(s) to post notices in accordance with the provisions contained herein.

Said bulletin boards will be located in the following places.

(A) One (1) in Hangar #2, TA,

(B) One (1) in Hangar #1, the Heli Tool Room

(C) One (1) in Hangar #6(CTK)

(D) One (1) in the Sheet Metal Shop, Bldg. #1791.

(E) One (1) in the ISO Dock area in Hangar #7.

(F) One (1) in the AGE Shop

(G) One (1) in Building 1711

Section 4 - Information Provided to the Union

(A) The Company will furnish to the Union Business Representative information, as required by law.

(B) In the event of an employee being suspended or terminated, the Company will notify the appropriate Shop Steward or Chief Steward prior to, or on the day of the action.

ARTICLE 3

GRIEVANCE PROCEDURE AND ARBITRATION

Section 1 - Definitions

Grievance - The term grievance as used in this Agreement is a claim involving the interpretation, application or claim of breach or violation of applicable provision(s) of this Agreement that the

Company or an employee has not been able to adjust. The grievance must identify the applicable provision(s) of the Agreement that is claimed to have breached or violated and the remedy sought.

(A) All references and procedures in this Article which refer to “employee” grievances refer to the Company as well, as the Company also has the right to file a grievance under this Article.

(B) Union Official – The term Union Official as used in this agreement means, Any DynCorp

International personnel elected to hold Local Lodge 24 Executive Board positions.

(C) Repeat Grievance- If a grievance has been previously settled and a repeat grievance on the same issue is filed, the repeat grievance will go directly to Step Two.

Section 2 - Grievance Procedure

Step One - The Parties agree that most issues can be successfully resolved by open discussion at the lowest possible level between the employee, the supervisor, and the

Branch Manager. Any employee with a complaint or issue should contact the appropriate supervisor within seven (7) business days after the employee had knowledge or should of have knowledge of the alleged occurrence in order to discuss and attempt to resolve the issue. Both parties will make every effort to resolve the issue. The employee may have his/her Union Business Representative and Chief Steward and a Steward and a Union

Official and any witnesses deemed necessary by the union who will give first hand testimony present if desired. The Company shall inform the employee of the right to have a

Union Representative present prior to the start of any investigation meeting that could lead to discipline, however no settlement shall be made without the presence of a Union Official or Chief Steward / Steward. If the issue remains unresolved, the grievance shall be reduced to writing by submission of a grievance form.

Any grievance settlements at Step One of the grievance process, whether by concession, withdrawal, settlement agreement or resolution actions or a failure of either party to abide by the time limits of this section, shall not constitute a precedent binding the Company or the Union, unless the parties agree, in writing that such settlement shall set a precedent binding on future grievances.

Step Two - If the grievance is not satisfactorily settled as outlined in Step One, a written grievance may then be presented no later than seven (7) working days to the Director of

Maintenance or his designated representative after notification that the issue was not resolved at Step One. The Director of Maintenance or his designee shall meet with the

Union Business Representative and Chief Steward and Grievant and Stewards and a Union official and any witness deemed necessary by the union who will give first hand testimony in an attempt to resolve the matter. The Director of Maintenance or his designated representative shall render a written decision thereon within seven (7) working days after said meeting/appeal. If a settlement is reached, it will be reduced to written form and the matter shall be considered closed. If the Director of Maintenance or designee fails to provide a written decision within this time limit, the grievance remedy shall be advanced to the next step of this procedure.

Any grievance settlements at Step Two of the grievance process, whether by concession, time limits of this section, shall not constitute a precedent binding the Company or the Union, Step Three - If not satisfactorily settled as outlined in Step Two above, the written grievance may then be presented to the Program Director or designee no later than seven

(7) working days after receipt by the Union Assigned Union Business Representative and/or Union Official of the decision rendered in Step Two hereof. The Program Director and/or designated company representative shall meet with the Union Business

Representative and Chief Steward or designee and Grievant and Stewards and Union

Officials and any witnesses deemed necessary by the union who will give first hand testimony in an attempt to resolve the matter and render a written decision thereon within seven (7) working days after said meeting/appeal. If a settlement is reached it will be reduced to written form on the grievance form and the matter shall then be considered closed. If the Program Director fails to provide a written decision within this time limit, the grievance remedy shall be advanced to the next step of this procedure.

Any grievance settlements at Step Three of the grievance process, whether by concession, time limits of this section, shall not constitute a precedent binding the Company or the Union, If the parties fail to resolve the grievance as outlined in Step Three, the Union may appeal the grievance to arbitration within thirty (30) calendar days after written decision of Step Three.

Grievances arising out of a suspension without pay or a discharge shall be submitted directly to

Step Three described in Section 2 herein. Should the Union elect to pursue such a grievance, the written grievance signed by the employee must be submitted to the Program Director or designee within seven (7) working days of the effective date of the action. If a written grievance is not submitted to the Program Director or designee within seven (7) working days of the effective date of the action, the right of the employee or Union to grieve the action is waived and no further action can be taken thereon. Such failure to act timely shall not set a precedent binding upon the Union or the Company for future grievances.

It is understood that a Union Official or Chief Steward may file grievances on behalf of the

Union's interest under this agreement. Therefore, if a grievance pertains to the Company's interpretation of the intent and purpose of the application of a specific article and section of this agreement that has wide bargaining unit effect, the grievance may be filed by a Union Official on behalf of the Union. Further, if a grievance relates to policy and affects numerous employees, the grievance shall be consolidated and filed by the Chief Steward on behalf of the group of employees.

(A) If the two parties' representatives are unable to reach a settlement; either party may request a list of qualified arbitrators from the United States Federal Mediation and Conciliation

Service within thirty (30) calendar days of the written decision and notify the other party of such request. The request shall be for a list of seven (7) arbitrators. The Union and the Company shall alternately strike one name from such list (the right to strike the first name having been determined by lot) until only one name remains and that person shall be the arbitrator.

(B) It is understood that the time limits specified herein may be extended by mutual written agreement of the parties.

(C) The Company and the Union may mutually agree to combine the grievance of an employee and other similarly affected employee's in order to eliminate the need for multiple filings of grievances. If no other Agreement on this issue is reached, either party may request an

Arbitrator to combine the grievances and the Arbitrator's decision is final.

(D) The Company and the Union may mutually agree in writing to waive any prior step of the grievance procedure and proceed directly to Step three of the grievance procedure as it is described in Section 2 of this section.

(E) The Union shall have authority, with respect to any employee covered by this Agreement, to decline to process a grievance, complaint, or dispute if in the judgment of the Union such grievance or dispute lacks merit or justification under the terms and conditions of this

Agreement, or has been adjusted or justified under the terms of the Agreement to the satisfaction of the Union.

(F) It is mutually agreed that should an employee be unavailable to sign a grievance form and deliver it to the Company within the time limits specified in Steps Two and Three of the grievance procedure, the Union may forward the grievance unsigned.

(G) No employee shall be discharged, suspended or otherwise disciplined without just or sufficient cause.

Any employee, who had been discharged, or suspended, shall be granted an interview with his

Union Official before he/she is required to leave the premises when practical.

In all cases involving discharge, demotion or other discipline, the employee involved and the

Union Official shall be notified in writing of the action and the reason for such action.

Section 3 – Arbitration

(A) The parties' representatives shall make the necessary arrangements to arbitrate the grievance. In the event the parties' representatives are unable to agree upon the issue, the arbitrator shall determine the issue.

(B) The arbitrator shall have the authority to determine, the rules of evidence and procedure and to adjourn or continue the hearing from time to time. All expenses incurred by the arbitrator including the fee and expenses which he authorized in connection with the arbitration, shall be shared equally by the parties. Costs incurred by the respective parties for their witness(es) shall be borne by the respective party.

(C) This Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties and by the arbitrator in the same manner as any other contract under the laws of the land. The function and purpose of the arbitrator is to determine disputed interpretation of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The arbitrator shall have the authority to interpret and apply the provisions of this agreement. The arbitrator shall not have the authority to amend or modify this Agreement or to establish new terms and conditions of this

(D) Agreement. The decision of the arbitrator shall be in writing and shall not be made until both parties have had reasonable opportunity to present their case, together with oral arguments.

The parties shall file post hearing briefs within thirty (30) days of the hearing. The thirty (30) day requirement may be extended by mutual agreement of the parties. Said decision shall be given not later than thirty (30) days after the date the post hearing briefs are received by the arbitrator.

It is understood and agreed that a decision of the arbitrator made in accordance with the requirements hereof shall be final and binding on both parties and the employee(s).

(D) The parties will conduct arbitration cases at a location within twenty-five miles of Joint

Base Andrews.

ARTICLE 4

ARTICLE 4

SENIORITY

Section 1 - Basis of Seniority and Establishment of Seniority Rights

(A) Probationary Period

All employees shall be considered probationary employees for the first sixty (60) working days of active employment; may be extended by mutual agreement between the Parties. During this period, all new hires will be required to complete a union orientation not to exceed thirty

(30) minutes in duration per session. Throughout this period, supervision will evaluate the probationary employee as to such factors as, but not limited to, work habits, willingness to accept varied work assignments and training, safety, productivity, quality of work, attendance, and ability to work with others. Upon completion of his/her probationary period, the employee will become a regular employee whose seniority will be retroactive to his/her first day of employment. Supervisory determinations as to retention, reassignment, or termination of probationary employees anytime during the sixty (60) working day probationary period are not subject to the Grievance and Arbitration Articles of this Agreement.

(B) Company Seniority

For purposes of this Agreement, Seniority of an employee is the length of his/her accumulated service with the Company as defined solely by the Company or its predecessor company.

Company seniority begins on the date the employee was hired by the Company or by a predecessor of the Company, in any job classification provided for in this agreement and represents all accumulated time for which the employee has served as an employee of the

Company or a predecessor of the Company.

(C) Bargaining Unit Seniority

For employees covered by this Collective Bargaining Agreement, Bargaining Unit Seniority begins on the date the employee was hired by the Company, at the specific site covered by this

CBA, in any job classification provided for in this Agreement representing all continuous service at the site since the inception of the service contract. Bargaining unit seniority represents all accumulated time for which the employee has served as an employee of the Company at the specific Company site governed by this CBA.

For employees hired after ratification of the agreement, Bargaining Unit Seniority begins upon the hire or transfer date to the site covered by this collective bargaining agreement.

When two (2) or more employees have the same seniority date, seniority will be determined by alphabetical order starting with the employee’s last name, first name, and if necessary middle name.

(D) Re-entering the Bargaining Unit

An employee who re-enters the bargaining unit within six (6) months from a position taken outside the bargaining unit but within the Company may return to the last classification held, provided a vacancy is open for that classification and he/she meets the definition of fully qualified as defined in Article 4, Section 2 and has sufficient bargaining unit seniority to return.

For purposes of this paragraph, bargaining unit seniority does not accumulate while outside the bargaining unit.

(E) Seniority for vacation eligibility and benefit determination purposes will not be affected by Section 1(D) above. The employee’s bargaining unit seniority would be frozen until such time as the employee returned to the bargaining unit within the six (6) month period contained in

Section 1(D) above and would accumulate going forward from the date of return.

Section 2 – Application of Seniority

(A) Job openings/vacancies for all positions shall be awarded based on Bargaining Unit

Seniority within classification and qualifications.

(B) CONUS TDY assignments shall be made on the basis of a rotating seniority list of volunteers within classification and qualifications. Any employee who had volunteered to be on the list who refuses, or cannot be contacted for such an assignment will be moved to the bottom of the list. In the event of insufficient volunteer’s assignments will be made in reverse seniority order among those qualified in the applicable classification(s).

(C) Time permitting for CONUS Maintenance Recovery Teams (MRTs) and CONUS

Precautionary Landings (PLs) the senior qualified volunteer employee within the classification and qualifications on the then working shift will be offered the assignment.

(D) Based on the number of employees designated by the Company, within classifications and qualifications, employees will be offered in seniority order to volunteer for OCONUS

TDYs. This pool will be put into use when all volunteers have received all necessary shots and obtained passports. OCONUS TDY assignments shall be made on the basis of a rotating seniority list of volunteers in the pool within classification and qualifications. Any employee who had volunteered to be on the list who refuses, or cannot be contacted for such an assignment will be moved to the bottom of the list. In the event of insufficient volunteer’s assignments will be made in reverse seniority order among those qualified in the applicable classification(s) within the pool.

(E) The Company will pay for all shots, passports and any other requirements related to

OCONUS TDYs as defined in Article 7, Section 9.

Section 3 -Layoffs and Recalls

When a reduction is required, the affected employee(s) and the Chief Steward will be notified by the applicable supervisors ten (10) working days in advance of such a reduction.

When a reduction is required, probationary employees will be laid off first. When a reduction is required in any Electronic Technician (ET) classification in a Branch, the least senior ET employee(s) will be laid off by Branch.

When a reduction is required in the Quality Branch, the least senior employee(s) in the Work

Center/Classification will be laid off. When a reduction is required in the Maintenance Branch, the least senior employee(s) in the Work Center/Classification to be reduced will be laid off.

When a reduction is required in the Helicopter Branch, the least senior employee(s) in the

Classification to be reduced will be laid off. When a reduction is required in the Aircraft Branch, the least senior employee(s) in the Classification to be reduced will be laid off. Transient Alert

Center will be treated separately as an individual Work Center for the purposes of this Article 4, Section 2. When a reduction is required in the Transient Alert Center, the least senior employee(s) in the Work Center/Classification to be reduced will be laid off. Before hiring the

Company will recall the most senior laid off Employee(s) to perform the work in areas from which laid off.

As an exception to Section 3(c) of this Article 4, when an employee reports within five (5) days in response to recall that he or she cannot report to work within fifteen (15) days due to a temporary disability as documented by a Doctor's note, that employee will be permitted to report to work within thirty (30) days. During such delay, the Company may recall the next senior employee to perform the work. An employee who refuses such a temporary recall will still be eligible for recall as defined in this Article 4.

Section 4 - Loss of Seniority

Employees shall lose all seniority rights and employment shall cease for any of the following reasons:

(A) Resignation

(B) Discharge for just cause.

(C) Failure to report to work within fifteen (15) calendar days after recall from layoff.

(D) Absence due to layoff for twenty-four months.

(E) If the employee fails to return from a Company approved Leave of Absence, within 3 calendar days, unless extended by the Program Director.

(F) If the employee gives a false reason for a Leave of Absence or engages in gainful employment with another employer during such leave.

(G) If any monetary settlement is made with an employee covering total disability.

(H) If an employee falsifies information on his/her application for employment.