Rev Atch 5 CBA - T Square 28 Jul 09
532 KB Posted
- Attached to
- Columbus Aircraft Maintenance Services Federal contract opportunity
- Solicitation number
- FA3002-11-R-0007
About this file
Revised RFP Attachment 5 T-Square CBA
Text of this file
COLLECTIVE BARGAINING AGREEMENT
Between
T-Square LSC
Columbus A.F.B. MS
And
IUE-CWA,
Industrial Division of the
Communications Work of America
AFL-CIO
CLC and its
Local 83770
Effective July 28, 2009
TABLE OF CONTENTS Page
Preamble
01.00 Intent and Purpose
02.00 Management Rights
03.00 Union Recognition
04.00 Union Security; Dues Checkoff
05.00 Stewards / Visitation
06.00 No Strike - No Lock-out
07.00 Government Security / Responsibility
08.00 Seniority
09.00 Non-Bargaining Unit Personnel
10.00 Hours of' Work / TDY Assignments
11.00 Overtime / Overtime Equalization
12.00 Wage Rules
13.00 Shift Premium
14.00 Holidays
15.00 Vacations
16.00 Leaves of Absence / Civic Leaves
17.00 Personal Paid Time
18.00 Transfers/Promotions
19.00 Layoff / Recall
20.00 Discharge and Discipline
21.00 Grievances
22.00 Arbitration
23.00 Appearance / Uniform Standards
24.00 Group Insurance
ii
Page
25.00 Safety Health
26.00 Occupational Disability
27.00 Bulletin Boards
28.00 Retirement
29.00 General
30.00 Duration
31.00 Cope
Signature Authorizations
Appendix A – Classifications and Wage Rates
Appendix B – Progressive Discipline
Appendix C – Group Insurance Benefits
Memorandum of Agreement No. 1 – Job Descriptions
PREAMBLE
This Agreement is made and entered into this 28 day of July, 2009 by and between T-Square LSC, Columbus Air Force Base, Columbus, Mississippi (hereinafter referred to as the Company) and the IUE-CWA, Industrial Division of the Communications Workers of America, AFL-CIO, CLC and its Local 83770 (hereinafter referred to as the Union).
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.
01.00 INTENT AND PURPOSE
01.01 It is the intent and purpose of the Company and the Union to set herein the entire Agreement with respect to wages, hours, and working conditions as relates to the DynCorp International contract covered by this Agreement.
01.02 Further it is the mutual intent of the parties to secure efficiency of the operation and production of the employees; that operations and duties be faithfully performed in order for the Company and its employees to fulfill their mutual and vital responsibilities to the Government; that the business of the Company must be operated with due regard to competitive conditions; to promote harmony between the Company, its employees and the Union for the benefit of the Company, its employees and the Government.
01.03 It is recognized by this 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; and to provide a fair and prompt grievance procedure for the peaceful settlement of employee grievances and to provide that there shall be harmony between the Company and its employees during the term of this Agreement.
01.04 The Union recognizes that the Company is a contractor to DynCorp
International and that the Company is required at all times to fully meet its obligations as a contractor. Nothing in this Agreement is intended to prevent the Company from fully meeting its obligations and responsibilities as a contractor.
The Union recognizes that from time to time DynCorp International may impose various legal and/or lawful demands or obligations upon the Company and that the Company and its employees must meet such demands or obligations or complies with such rules and regulations as may be promulgated or imposed by DynCorp International.
02.00 MANAGEMENT RIGHTS
02.01 Except to the extent expressly abridged by a specific provision of this Agreement the Company reserves and retains, solely and exclusively all of its lawful rights to manage the business. The sole and exclusive rights of management which are not specifically abridged by this Agreement shall include but are not limited to its right to determine prices of products and services, levels, quality and quantity of services, volume of production, methods of financing; to drop a service or product line; to sell or lease the business or modify policies, practices or procedures; to determine and from time to time re-determine the number, location, relocation and types of its operation, and the methods, materials, equipment and facilities to be employed; to discontinue services or operations or to discontinue their performance by employees of the Company; to utilize suppliers and subcontractors; to determine the number of hours per day or per week services or operations shall be carried on; to select and to determine the number and qualifications of persons to be employed or assigned specific jobs;
to assign work to such employees in accordance with the requirements determined by management; to establish and change work schedules and assignments; to transfer, promote or demote employees or to layoff, terminate or otherwise relieve employees from duty for lack of work, failure to comply with performance standards as established by the Company or Dyncorp International or other legitimate reasons; to determine the fact of lack of work; to make and enforce reasonable rules for the maintenance of discipline, to suspend, discharge or otherwise discipline employees for just cause and to take such measures as management may determine to be necessary for the orderly and efficient operation of the business.
02.02 The foregoing enumeration of the Company's rights shall not be deemed to exclude other pre-existing rights which do not conflict with the provisions of this Agreement and nothing in this Article shall be deemed to limit the Company in the exercise of customary and recognized functions and prerogatives of management, including the right to make such agreements and enter into such agreements as it may deem necessary to the successful operation of its business.
03.00 UNION RECOGNITION
03.01 The Company recognizes the Union certified by the National Labor Relations Board on July 9, 1990 (Case No. 26-RC-7281) as the exclusive representative of all employees stipulated in the Board's Certification of Representation as follows:
03.01.a All service and maintenance employees, Transiet Alert, Age/ Vehicle
Maintenance, Wash Rack. T-Square LSC Contract Number FA3002-05-C-0016 at Columbus Air Force Base, Mississippi, excluding supervisors as defined by the Act.
03.01.b The Company and the Union reaffirm their adherence to the principle of a fair day's work for a fair day's pay. The Union, therefore, agrees that it will cooperate with the Company and support its efforts to assure a full day's work on the part of its members and it will support programs and policies which combat absenteeism and any other practices which restrict productivity and efficiency. It further agrees that it will support the Company in its efforts to eliminate waste in production; conserve supplies, improve the total quality of workmanship;
prevent accidents; and strengthen goodwill between the Company, the employee, the customer, and the general public.
04.00 UNION SECURITY; DUES CHECKOFF
04.01 Employees covered by this Agreement may at their own discretion become and remain members of the Union following their first sixty (60) work days of employment.
04.02 Upon receipt of a properly executed IUE-CWA Deduction Authorization from an employee covered by this Agreement, the Company, during the term of this Agreement, will deduct from the employee's earnings, if any, initiation fees and/or Union dues and remit the money as set forth herein within ten (10) days following the end of the month in which the initiation fees and/or Union dues were collected. Initiation fees and dues collected from the employee shall be remitted by the Company to the office listed below. The amount of remittance to each office shall be as designated in writing by the Secretary-Treasurer of Local Union 83770:
IUE-CWA-Dues Communication Workers of America P.O. Box 79176 Baltimore, MD 21279-0176
04.02.a It is understood and agreed that IUE Dues Deduction Authorization(s) must be received by the Company no later than fourteen (14) calendar days prior to the end of the pay period in order for initiation fees or dues to be deducted for such pay period. Initiation fees or dues to be deducted as a result of Authorization(s) not received fourteen (14) calendar days prior to the end of the pay period will be deducted the following pay period.
04.03 The Company shall be required to make only one (1) payroll deduction for
Union initiation fee for each employee authorizing the deduction.
04.04 The Company shall provide the International an electronic copy and the Local a complete list of the local members from whom the dues were deducted and a list of the individuals from whom initiation fees were collected with each remittance as defined in 04.02 above.
04.05 It is understood that any authorization for such payroll deduction shall be voluntary on the part of the employee and may be cancelled by the employee in accordance with the terms of the IUE Deduction Authorization.
04.06 The Company will comply with any notice of revocation of deduction authorization received from an employee in accordance with the procedures and limitations set forth in the IUE Deduction Authorization. Should an employee be promoted or transferred to a classification not covered by this Agreement, the Company shall cease deducting dues from such employee. When ceasing to deduct dues in such cases, the Company shall submit the name of such employee and the reason for no deduction in writing to the Secretary Treasurer of Local Union 83770.
04.07 If an employee does not have sufficient earnings in any payroll period to cover the Union dues deduction for that payroll period, the Company shall have no further responsibility for collection of dues for that pay period.
04.08 There shall be no collection of Union dues or fees or solicitation of such dues or fees in Company facilities or Government facilities in the custody of the Company.
Further, there shall be no solicitation of Union membership during time when either the employee(s) being solicited or the employee(s) performing such solicitation are being paid by the Company to perform work.
04.09 The parties agree that if an agency shop provision becomes legal in the state of
Mississippi, or that if and when Columbus Air Force Base, Mississippi, is determined to be a Federal Enclave, the following shall become effective:
04.09.a All bargaining unit employees shall, not later than sixty-one (61) days following the effective date of such change in the law, conform to one (1) of the following two (2) requirements as a condition of employment:
04.09.b Become and remain a member of the Union in good standing to the extent of tendering the dues or application service fees uniformly required of all members, or
04.09.c Commence to regularly tender to the Union the dues or applicable service fees uniformly required of all members.
04.09.d Bargaining unit employees hired after the effective date of such change in the law shall, not later than sixty-one (61) days after their date of hire, conform to one (1) of the two (2) requirements noted in 04.09.b and 04.09.c above as a condition of employment.
04.10 There shall be no discrimination by the Company or Union because of membership or non-membership in the Union.
04.11 The Union shall indemnify and hold harmless the Company from any and all claims, demands, suits or forms of liability that shall arise out of or by reason of action taken or not taken by the Company for the purpose of complying with any of the provisions of this Article including the reasonable cost of any defense made necessary by any such liability, claim, suit or dispute.
05.00 STEWARDS /VISITATION
05.01 The Company agrees to recognize the Stewards duly authorized by the Union to represent those employees covered by the terms of this Agreement. It is understood and agreed that the term "Steward" shall include the Chief Steward and the Vice President. The number of Stewards shall be in that number required by the Union to assure employees in the unit ready access to a Steward in their assigned work location. It is agreed this objective can be achieved with not more than (2) Stewards unless modified by mutual agreement of the Company and the Union. The 2 stewards inclucde the T-Square chief steward and the Vice president local 83370.
05.02 The Union will notify the Company in writing of the names of the Chief Steward and the Vice President. The Company will not recognize any subsequent changes of Stewards until official written notice is received from the Union.
05.03 Subject to other provisions of this Agreement, reasonable and necessary paid time off from work shall be authorized to permit Stewards to carry out their responsibilities under the grievance procedure to employees in their area of representation, providing the carrying out of these responsibilities will not unduly interfere with the assigned work duties of the Steward or the employee involved. Any alleged abuse or misuse of time by the Steward or the granting of time off by Supervision shall be brought to the attention of the party at fault, who shall take immediate action necessary to correct the problem.
05.04 When the Steward finds it necessary to investigate a grievance, the Steward shall request permission to leave his/her work assignment from his/her supervisor.
Such request must include the nature of the grievance, if known, who the Steward wants to talk to, and how long the Steward expects to be off the job.
Upon entering the work area of another Supervisor's responsibility, the Steward will contact the immediate Supervisor and gain permission to contact any employee. If permission is denied, the Supervisor will promptly establish an alternate time at which the Steward can contact the employee(s).
05.05 Subject to existing security regulations, the Business Representative or other authorized Business Representative of the Union shall have access to the company’s work areas during working hours for the purpose of investigating grievances and attending meetings in accordance with the administration of the CBA. Before doing so, he/she will report to the Flight Manager or designee who shall permit said Representative to enter the Company's premises, provided that such right is exercised reasonably and will not interfere with the normal conduct of the Company's operations. The Company may require such representatives to be escorted by a Company Representative at all times while they are on Company controlled premises.
05.06 Stewards shall be a seniority employee who is a full time active employee of the Company who is not on lay off or in his/her trial period, selected from among those employees they represent. Areas of representation shall be determined by mutual agreement of the Company and the Union. Stewards have no authority to take strike action, or any other action interrupting the Company's business. The Company in so recognizing such limitation shall have the authority to impose proper discipline, including discharge in the event a Steward has taken unauthorized strike action, slow down, work stoppage, or any other actions in violation of this Article. Any such disciplinary action shall be subject to the grievance and arbitration procedure defined herein. Should the Company prove the individual did participate in such action, in violation of this article; the disciplinary action shall not be altered. No Steward shall be temporarily transferred out of his/her permanent assigned area of representation, during his/her term as Steward, except as last resort.
05.07 It is agreed that the Company shall not pay an employee for any time that they are taken away from their work except as provided in the Agreement.
05.08 There shall be no solicitation of complaints or grievances. However, the Union will have the right to talk with any employee and make the determination whether to file a union grievance.
05.09 The Chief steward assigned to an area is absent and is not expected to return to work promptly enough to handle the grievance, in which event the Chief Steward and/or Vice President will be permitted to handle grievances in such absent steward's area.
05.10 The Chief Steward shall be empowered to adjust employee’s grievances occurring under his/her jurisdiction as provided for in the grievance procedure, so long as such adjustments are not in conflict with this Agreement. If there should be a question of application of the CBA or a conflict of interest between members, the Vice President or designee shall adjust such grievance or address such questions.
05.11 The Company will provide a weekly list on all new hires, if any, in the bargaining unit to the Chief Steward or Vice President. Such list shall include the name, classification, man number, workcenter, shift, last 4 digits of their social security number and hire date of each new hire.
06.00 NO STRIKE - NO LOCKOUT
06.01 It is expressly understood and agreed that the business of the Company is directly related to the important and vital work of the United States Government and the U.S. Air Force and that efficient and uninterrupted services must be furnished to those agencies that have need of and make use of the capabilities of the Company. Therefore, the Parties agree that during the term of this Agreement:
06.01.a The grievance procedure provided for herein shall serve as a means for the peaceful settlement of all disputes that may arise between the Parties of this agreement.
06.01.b The Union (its officers. and/or agents and/or members) shall not authorize, encourage, sanction, or take part in any strike, sympathy strike, sit down, work stoppage, stay in, slow down, refusal to work, sick out, picketing or any other action which may interfere with any of the operations of the Company.
06.01.c No rules, customs, or practices shall be permitted which limit production or increase the time required to do any work. There shall be no limitation or restriction of the use of machinery, tools or other labor-saving devices.
06.01.d Any employee or employees, individually or collectively, who cause, encourage, or take part in any violation of this Article, or any activities prohibited by this Article, shall be immediately discharged. Any such disciplinary action shall be subject to the grievance procedure/arbitration procedure as defined herein.
06.01.e In the event of a violation of this Article, the Union (its officers, agents and members) individually and collectively agree that it shall use its total efforts to end such prohibited conduct, taking such actions as:
06.01.e(1)Requesting through personal contact with employees, that they comply with the Agreement and not participate in any prohibited conduct.
06.01.e(2)Immediately notify all affected employees by mail that such prohibited conduct is in violation of the Agreement.
06.01.e(3)Request those employees violating this Agreement to return to work and/or otherwise fully comply with the terms of this Agreement.
06.01.f Violation of this Article and any liability resulting therefrom shall not be excused or forgiven because the Union is engaged in any form of lawful or unlawful strike or other coercive activity against any other contractor. Nor because the employees covered by this Agreement engaged in any form of conduct prohibited by this Article in support of or in sympathy with the employees of any other employer who may be engaged in a strike or other form of coercive activity at this location.
06.02 The Company agrees that it will not engage in any lockout of employees during the duration of the Agreement, providing the Union is in full compliance with all provisions of this Agreement.
06.03 Nothing in this section, or any section of this Agreement, limits the Company's or the Union's right to seek and receive, legal and equitable relief in the event of the proven breach of the no strike/no lockout provision, including but limited to, injunctive relief prohibiting any strike, lockout, sympathy strike, sit down, work stoppage, stay in, slow down, refusal to work, picketing, or any other action which would interfere with any of the operations of the Company
07.00 GOVERNMENT SECURITY / RESPONSIBILITY
07.01 The Union recognizes that the Company has certain obligations in its contract with the Government pertaining to security, and that security is vital to the Company and the Union in carrying on their part in the defense effort. Therefore, in the event that the Department of Defense, through its duly authorized representatives concerned with security, advises or have advised the Company that any employee covered by this Agreement is denied access to classified information where such access is required in the performance of that employee's duties, such employee shall be subject to appropriate action(s) the Company considers necessary for security reasons. If the employee is a trial period employee as defined in Article 08.00, the employee may be terminated for cause.
Subject to government approval, a nontribal period employee denied access to classified information will be offered bumping rights in accordance with Article
19.00 or may elect layoff. In the event such employees elect layoff, any notice of layoff requirement specified in Article 19.00 shall be waived.
In the event that the U.S. Air Force advises or have advised the Company that any employee covered by this Agreement is denied access to Government workstations due to an unfavorable National Agency Check (NAC), such employee may be reassigned to a position within the same classification which does not require access to Government workstations, if such position is available. If no such position is available or the employee refuses the reassignment, the following action will be taken:
If the employee is a trial period employee as defined in Article 08.00, the employee may be terminated for cause.
A non-trial period employee will be offered bumping rights in accordance with Article 19.00, provided the position does not require access to Government workstations, or may elect layoff. In the event the employee elects layoff, any notice of layoff requirement specified in Article 19.00 shall be waived.
It is understood and agreed that determinations by the government as to an individual's suitability for access to classified information or the results of a National Agency Check are not reviewable via the Grievance/Arbitration procedures provided in this Agreement.
07.02 It is further understood that where a security clearance is required in order to perform the duties of a particular position covered by this Agreement, that issuance and retention of such security clearance shall be condition of continued employment in that position. Such employee(s) shall be subject to investigation for security clearance under regulations prescribed by the Department of Defense or any other authorized and appropriate agency of the United States government and shall cooperate fully with representatives of said agencies during the conduct of investigations. Failure to comply with the requirements for a clearance or denial or withdrawal of such clearance government agency will be just cause for Company's removal of such individuals from positions requiring access to classified information.
07.03 The Company, all representatives of the Union having access to the premises, and all employees are required to comply with applicable Government security regulations. Government classified information will be revealed only to persons properly cleared and having need for access to such information as defined by applicable regulations.
07.04 The Union and the Company recognize the employees covered hereby are performing services for the U.S. Government in U.S. Government facilities and use U.S. Government equipment. The Company is not authorized to maintain, modify or repair such Government facilities except as contractually directed. The Company will provide indoor areas designated for breaks within the employees general work areas.
07.05 Employees will be responsible for reasonable care of customer and/or
Company furnished equipment and will notify the Company of any loss, sabotage, or willful damage to Company, customer or employee property or materials.
08.00 SENIORITY
08.01 New employees and those hired after a break in continuous service, regardless of classification, shall be considered trial period employees until they have completed sixty (60) work days from the date of hire. After completion of the trial period, the employee shall be placed on his/her respective seniority list with seniority from date of hire. No grievance shall be filed by or on behalf of such trial period employees.
08.02 Seniority among employees who were employed on the date of ratification of this Agreement will be determined as follows: Employees who are employed by the Company on or before the date of ratification of this Agreement will have their seniority based upon their length of service on the contract but not earlier than March 7, 1988. For the purpose of this article the term "on the contract" shall include continuous service with predecessor contractors providing aircraft maintenance and related support to include Transient Maintenance to the Air Education and Training Command at Columbus Air Force Base, Mississippi.
08.02.a Employees who may be transferred into or hired on the contract subsequent to
08.02 above will have their seniority based upon their date of transfer onto the contract or their most recent date of hire with the Company, whichever is lesser.
It is agreed and understood that such an employees(s) shall retain the earlier date only for the purpose of benefit accruals including, but not limited to, vacation accruals.
08.03 The seniority of an employee shall be forfeited and cancelled and his/her employment with the Company shall be terminated under the following conditions:
08.03. a Discharge for just cause.
08.03.b Resignation.
08.03.c Failure by the employee to respond to a recall notification within seventy-two
(72) hours after receipt of such recall notice and/or the employee's return to work within five (5) calendar days following the receipt of such notice.
08.03.d Failure to be recalled from layoff within thirty six (36) months after such layoff.
08.03.e Failure to report for work upon expiration of an approved leave of absence except for reasonable and legitimate reasons acceptable to the Company.
08.03.f Accepting other employment while on approved leave of absence without prior permission of the Company.
08.03.g Unexcused absence from work for a period of three (3) consecutive work days.
08.04 When two (2) or more employees have the same seniority date, the employee having the lowest last four (4) numbers of his/her social security number shall be considered having the most seniority for tie breaking purposes.
08.05 Employees covered hereby who are transferred or promoted to positions within the Company, but not within Job classifications covered hereby, shall retain and accrue seniority hereunder for a period of one hundred-eighty (180) days but shall not be construed as working under the terms of this Agreement while occupying such positions. Thereafter, such employees shall retain but not accrue seniority.
08.06 The Company agrees to provide the Union with an updated seniority list every thirty (30) days. The list shall contain employees' names, employee number, classification, work center, shift, last four digits of social security number and seniority dates as established. A seniority list will stand as correct unless the Company is notified in writing by the Union of any errors within ten (10) work days. The seniority list will be kept with the Officers and Stewards of the Union.
At the request of an employee, the Union will allow the employee to view the list. The parties agree that the list will be held as a confidential document.
08.07 Elected officers of the Union: The Chief Steward shall, during their term of office, be the last employee to be laid off and the first employee to be recalled to work so long as they are qualified to perform the work available. The Chief Steward will remain on day shift during his/her term of office.
08.08 The Chief Steward during his/her term of office, will be the last employee to be laid off and the first to be recalled in the section and shift for which the Chief Steward was elected so long as the Chief Steward is qualified to perform the work available.
08.08.a A Chief Steward may be transferred from his/her shift for essential mission requirements if there are no other qualified employees available. It is further understood, should a Steward be transferred from his/her shift the Company shall notify the Vice President or in the absence of the Vice President the President if such transfer is permanent or temporary within twenty-four (24) hours.
09.00 NON-BARGAINING UNIT PERSONNEL
09.01 It is understood and agreed that non-bargaining unit personnel will normally perform work of employees covered by the Agreement.
10.00 HOURS OF WORK / TDY ASSIGNMENTS
10.01 No provision of this Agreement shall be construed as a guarantee of any specified numbers of hours of work either per day or per week.
10.02 Eight (8) consecutive hours, exclusive of a lunch period of thirty (30) or forty-five (45) minutes as customarily established shall constitute a standard work shift. When requested by an employee and approved by the Company, an alternative lunch schedule may be established.
10.03 The standard workweek shall consist of seven (7) consecutive days, beginning with the start of the shift on the first of the month. The Company may establish standard work week schedules consisting of five (5) consecutive work days comprised of standard work shifts as defined in 10.02 above and two (2) consecutive days off within the workweek. It is understood and agreed that the Company may establish non-standard workweeks to utilize part-time or temporary employees or to respond to customer requirements. In response to mission requirements, the Company may establish a workweek of four (4) ten
(10) hour work days with two (2) consecutive days off. This work week would apply to selected employees in flight line workcenter. Such non-standard workweeks will not be established to displace current employees.
10.04 The Company will permit the employee to take a fifteen (15) minute un-interrupted rest period during each half of the work shift without loss of pay.
Should any rest period be interrupted due to work requirements, the employee shall be allowed to take the remaining time later. Employees required to work beyond the end of their shift will be permitted to take a fifteen (15) minute rest period at the beginning of the extra over time hours if at least one (1) extra hour is anticipated.
10.05 The Company will advise employees of their scheduled hours by bulletin or other medium. An un-interrupted rest period of not less than ten (10) hours shall be scheduled between the end of one regularly scheduled shift and the beginning of the next scheduled shift except under emergency conditions. Any employees not wanting to be phoned for a TDY assignment as indicated by the TDY list shall not be called.
10.06 An employee's normal starting time shall be the same each regularly scheduled workday, unless the employee voluntarily agrees to change, or the Company provides seventy-two (72) hours advance notice. It is understood and agreed that in response to mission requirements placed upon the Company by the Customer, this notice may not be possible. In these instances, the Company will provide as much advance notice as possible. A written notice shall be posted on the Company Bulletin Board. Each employee will be notified by his/her supervisor.
After the Company's weekly work schedule is posted for the Flightline, the Company will minimize schedule fluctuations under its control.
10.07 In the event an employee's scheduled days off are not consecutive, the Union and the Company shall meet to discuss the basis for this requirement. If the Union and the Company do not agree that such requirement is valid, then either party may submit the issue through the Grievance/Arbitration procedures contained in this Agreement. It is understood and agreed that such requirement will not apply in cases resulting from shift transfers made in accordance with Article 18.00.
10.08 Employees called or directed to report to work by management outside their normally scheduled shift shall be provided a minimum of four (4) hours work at their regular rate of pay. An employee shall not be entitled to such hours if he/she reports when told not to by management. Should the employee request to leave work prior to completing the available four (4) hours of work and the supervisor approves such request, the employee will be paid only for hours actually worked.
10.09 Employees reporting for their regularly scheduled work shift shall be provided a minimum of four (4) hours work at their regular rate except in cases where work is unavailable due to acts of God, sabotage, national emergency, or other circumstances beyond the control of the Company. Should the employee request to leave work prior to completing the available four (4) hours of work and the supervisor approves such request, the employee will be paid only for hours actually worked.
10.09.a The Company will notify an employee prior to reporting for work if there is not any work available due to conditions beyond the Company's control. Such contact will be by radio, and television, if possible.
10.09. b When it is necessary to cancel operations for reasons beyond the control of the
Company for a period of up to four (4) workdays, employees in the classification affected shall be temporarily laid off per their seniority. Such affected employees have the option to use Personal Paid Time, vacation or time off without pay.
10.09.c In cases of customer designated no-fly days, Goal Days, Family Days, Weather
Days and Christmas shut-down, with Company approval, employees will have the option to work their normally scheduled shift for the day or take Vacation, Paid Personal Time or unpaid absence.
10.10 At any such time that TDY Assignments are made to T-Square from Dyn
International such TDY assignment shall be subject to sections 10.10 thru 10.14 of the DynCorp Agreement and the JTRs.
10.10.a A volunteer list will be initiated in each area and all employees who want to volunteer for future TDY assignments will place their name on this list on a first come, first served basis. Qualified volunteers in the required classification will be selected from the rotation list, starting with the first name on the list. If the first name on the list does not have the required qualifications and classification for the TDY assignment being selected, management will continue down the list until a qualified employee is selected. When the Company schedules a vehicle for the TDY that requires a CDL driver and requires that such vehicle will be scheduled to be driven in excess of 400 miles in a work day, then a second CDL Driver will be assigned for the TDY. Under no circumstances is an employee expected to continue driving if any unsafe condition exists. Employees not selected because of qualifications or classification will be notified of the reason for the non-selection and their names will remain in the same relative position on the list.
10.10.b In those cases when a TDY crew returns due to a lack of parts or directed by the Company, when approved by management, the same crew will continue to support the aircraft until repairs are completed.
10.10.c For TDY recovery of aircraft that have special circumstances or Government concerns requiring deviation for the normal TDY selection process, the Division Manager or Deputy Division Manager will notify the President and or Chief Steward of such requirements prior to the selection of TDY personnel.
10.10c (1) An employee on TDY will be provided with transportation by the Company in the event of the death of an employee’s spouse, parent or child.
10.10c (2) In the event of the breakdown on a Company provided vehicle, alternative transportation will be provided when required.
10.10.d An employee that has accepted a TDY or deployment will not be eligible for another TDY that interferes with the accepted TDY or is within seven (7) calendar days of the accepted TDY departure.
10.10.e The employee(s) selected for the TDY assignment will have their name(s) moved to the end of the list wether or not they accept the TDY assignment.
10.10.f Once an employee adds his/her name to the list, it must remain on the list for a period of one (1) year. This will be monitored by the employee appointed to maintain the list in each area.
10.10.g Work schedules on TDY work assignments shall be determined by the nature and requirements of the assignment. The workday will include travel time to and from the work site on any TDY assignment.
10.10.g.(1) For deployment assignments, employees will be assigned to a minimum of 40 hours per week plus overtime as directed by the mission requirements.
10.10.g.(2) For overnight aircraft recovery assignments, work will be scheduled up to ten (10) hours per day when work is available and approved by the Company excluding a non-paid meal period. The work day may be extended over ten (10) hours only with proper authorization from the Production Supervisor at the TDY site or the home station Maintenance Operations Center.
Such exceptions will not constitute the norm nor occur without the proper authorization. When limited work is available on scheduled work days, employees will be paid for a maximum of eight (8) hours. On extended trips, employees will not normally work more than six (6) consecutive days without taking a scheduled The Company will inform the employee of the anticipated work schedule when the TDY is offered.
10.10.h A TDY recovery that is expected not to exceed one shift in length will not count as a TDY assignment and will not result in a charge to the TDY list. The Company will determine the classification(s) required and make the assignment(s) from the shift required to support the mission using a volunteer list as addressed in 10.10a.
10.11 TDY assignments for the purpose of training and/or technical conferences will be made by management based on required classification, employee qualifications, and mission requirements. When more than one employee meets the requirements and has relatively equal qualifications, volunteers among the qualified employees will be selected based on seniority. Training and technical conference assignments will normally be on a defined work schedule of forty
(40) hours per work week and shall include scheduled days(s) off when the assignment exceeds five (5) calendar days.
10.12 An employee on TDY will be allowed to call home when he/she reaches his/her location and will be allowed a telephone call every day thereafter for the duration of the assignment and will be reimbursed up to a maximum of eight dollars ($ 8) for each call with receipt.
10.12.a Per-Diem shall be in accordance with the Joint Travel Regulations (JTR) as required by government contract. A per-diem shall be paid when the travel period is over twelve (12) hours, while employee(s) are on TDY assignment.
10.12.b Employees covered hereby will be reimbursed for authorized use of their personal vehicle in accordance with the Joint Travel Regulations (JTR) after submission of an approved Expense Report.
10.13 Employees must turn in a completed expense report within five (5) working days after their return from TDY. Arrangement for monies due must be made at that time. If the employee fails to submit a completed expense report within the five
(5) working days, the Company shall withhold the total travel advance via payroll deduction until restitution is made. Should monies be due to the employee, it will be paid within ten (10) working days after the employee submits the completed expense report.
10.14 If an employee’s job includes the requirement that he/she have a commerical drivers license (CDL), and the Company determines a CDL is required, the Company will pay any additional cost, only, as follows: the cost of CDL test9s) (the difference between the cost of a basic operator’s license and the class of CDL required for the job) and any medical examination required.
11.00 OVERTIME / OVERTIME EQUALIZATION
11.01 The provisions of this Article are intended to provide the basis for calculation and payment of overtime and shall not be construed as a guarantee of any specific overtime hours per day or per week. For the purpose of this Article, the employee's first scheduled day off within the workweek shall be considered his/her Saturday. The second such day off within the workweek shall be considered as the employee's Sunday.
11.02 With the exception of work in progress, the Company will first request volunteers to perform overtime work by the process described in 11.06. In the event sufficient personnel are not obtained by this method, required overtime work will be assigned on the basis of seniority as described herein and in 11.06.a. It is understood and agreed that the Company reserves the right to require all employees covered hereby to perform overtime work when the entire workcenter or unit is required to work in order to meet Government contract requirements. When overtime is required, employees involved shall be given as much advance notice as possible in accordance with the following principles:
11.02.a For work in process, affected employee(s) will be notified as soon as practical and generally with one (1) hour notice of required overtime. For the purpose of this Article, the term "work in progress" is defined as a job currently being performed by an employee or employees which in the judgement of management requires unscheduled overtime work and has been approved by the Flight Manager/Production Supervisor. For scheduled maintenance jobs within an aircraft phase inspection work center, the overtime will normally be for only the tasks currently in progress. It is not the Company’s intent to schedule such overtime work to go beyone that which is necessary to meet the customer mission.
11.02.b For overtime work occurring at the end of a shift other than as defined in 11.02.a above, the Company will give as much notice as practical with at least one and half (1.5) hours notice of required overtime work.
11.02.c For scheduled overtime work occurring on an employee's Saturday or Sunday, a list will be posted in the affected sections requesting volunteers on the Monday before the overtime work. The list will be removed on Wednesday after 1400.
Once the list is removed, an employee will not be allowed to add his/her name.
Employees will be notified of such requirement by the end of their shift on their Thursday preceding such scheduled overtime work. Except as provided for in 11.02d, employees who are not notified within the time limit specified above will not be required to work such scheduled overtime. In cases where Management fails to notify employees by the end of his/her shift on Thursday, then volunteer will be requested by seniority. Personnel who are TDY at the time the list is removed on Wednesday, preceding such scheduled overtime work, are not eligible for weekend duty.
11.02.d The parties recognize that requirements placed upon the Company by the
Government may preclude compliance with the overtime notifications set forth in this Article. In such cases, the Company will notify the Section Steward and provide as much advance notice as possible to affected employee(s).
11.03 Overtime shall be paid for hours worked in excess of forty (40) in a workweek at one and one-half (1 - 1/2) times the employee's effective hourly rate.
11.03.a Hours worked on Saturday or Sunday will be paid at one and one-half (1 – 1/2) times the employee's effective hourly rate.
11.03.b Hours worked on Sunday will be paid at two (2) times the employee's effective hourly rate provided the employee works and/or is compensated the other six (6) days within the workweek.
11.03.c All hours worked by an employee in excess of twelve (12) hours on one (1) shift will be paid at two (2) times the employee's effective hourly rate.
11.03.d It is understood and agreed that in cases where the Company fails to make all regularly scheduled hours available to an employee within a given workweek, that hours worked by the employee in excess of eight (8) per shift within such workweek will be paid at one and one-half (1- 1/2) times the employee's effective hourly rate. The parties agree that this shall not apply in the event of base closure or in cases where the employee is unavailable for work as a result of disciplinary action. In the event the Company establishes standard workweeks consisting of four (4) ten (10) hour workdays, this requirement shall apply to hours worked in excess of ten (10) per shift.
11.04 No overtime shall be worked except by authorization of proper supervisory personnel of the Company.
11.05 There shall be no pyramiding of overtime premium payments.
11.06 When overtime is required, the supervisor of the workcenter will determine the classification and shifts within the workcenter required to perform the overtime work. The overtime work will first be offered to qualified employees in the classification and shift in the workcenter by seniority order. Employees accepting such overtime will be obligated to perform such overtime work.
In the event that an insufficient number of employees accept the available overtime work, the overtime work shall be performed by the least senior, qualified employee on the shift and in the workcenter affected until the required number of employees are obtained.
Employees failing to work such overtime shall be subject to appropriate disciplinary action except in cases where personal emergencies arise after the employee's acceptance.
11.06.a Employees may be excluded from being required to perform overtime as in 11.06 for religious commitment or other legitimate reasons. This will be done on a case by case basis with Company approval.
11.07 Whenever determined by the Company to be practical, it will attempt to schedule overtime on all shifts.
12.00 WAGE RULES
12.01 The Company shall pay the scale of wages included in Appendix A made a part hereof.
12.02 For the purpose of this Agreement, an employee's straight time hourly rate of pay is defined as the employee's base hourly rate of pay as listed in Appendix A plus any premiums agreed to as a part of this Agreement.
12.03 Employees promoted or temporarily assigned to another job classification shall receive the rate of that job classification or continue at their present rate, whichever is greater. If temporarily assigned, they shall, upon return to their prior classification, assume the rate held prior to the temporary assignment. Pay increases or decreases relative to such temporary assignments, promotions and demotions shall become effective at the time the employee assumes the new assignment. Employees temporarily assigned by management to perform the duties of a higher classification for a period of one (1) hour or more will receive the wage rate for that classification for the duration of the temporary assignment.
12.03.a Any employee, other than Senior Mechanic, who is required to perform training
(OJT, etc.) will be compensated at the Senior Mechanic pay rate.
12.04 Employees covered by this agreement will receive their pay checks or pay stubs
(direct deposit) on the 15TH and the last day of the month excluding any times that Acts of God or circumstances beyond the Company's control cause pay checks to be unavailable on the regularly scheduled pay day, the Company will distribute pay checks as soon as possible.
12.05 Pay increases relative to a promotion shall become effective when the employee is assigned the new position by management or ten (10) working days from being notified in writing of the promotion.
12.06 Employees severed from the employment for the Company will be paid unused
PPT up to a maximum of eighty (80) hours at their base rate for loss of contract by the current contractor. Employees shall be able to use credited PPT and/or Vacation through the employee’s termination date with approval of the Production Supervisor.
12.07 Effective October 1, 2006 all full-time employees shall receive an incentive longevity pay differential of two percent(2%) prior to the general wage increase effective October 1, 2006, upon completion of twenty (20) years of continuous service.
Effective October 1, 2006, all full-time employees shall receive an incentive longevity pay differential of one (1.0%) prior to the general wage increase effective October 1, 2006, upon completion of fifteen (15) years of continuous service.
Longevity pay is not cumulative. The maximum longevity pay is two percent (2%).
13.00 SHIFT PREMIUM
13.01 Any employee covered by this Agreement who is assigned to the second (2nd ) shift will receive a shift premium of fifty-five cents ($.55) per hour for all hours worked. Effective 1 October 2010, this premium is increased to sixty ($.60) per hour for all hours worked. Effective 1 October 2012, this premium is increased to sixty-five cents ($.65) per hour for all hours worked.
13.02 Any employee covered by this Agreement who is assigned to the third (3rd) shift will receive a shift premium of sixty cents ($0.60) per hours for all hours worked. Effective 1 October 2010, this premium is increase to sixty-five ($0.65) per hour for all hours worked. Effective 1 October2012, this premium is increase to seventy-cents ($0.70) per hour for all hours worked.
13.03 First shift employees who are scheduled to start at 4:00 am or earlier will receive a third shift premium for all hours worked on such days.
14.00 HOLIDAYS
14.01The following ten (10) days are designated as holidays:
New Year's Day President's Day Martin Luther King Jr.'s Birthday Memorial Day…
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