Final_CBA_August_2015.pdf
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- Vance AFB Base Operations Support Federal contract opportunity
- Solicitation number
- FA3002-13-R-0011
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Final CBA August 2015
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AGREEMENT
Between
PAE TECHNICAL SERVICES
DENMAR SERVICES, INC.
AMERICAN OPERATIONS CORP.
And
INTERNATIONAL ASSOCIATION OF MACHINISTS
and AEROSPACE WORKERS, AFL-CIO DISTRICT LODGE 171 and its LOCAL LODGE 898
Volume I
August 2, 2015 - August 6, 2017
TABLE OF CONTENTS
AGREEMENT
ARTICLE 1 RECOGNITION
ARTICLE 2 MANAGEMENT RIGHTS
ARTICLE 3 UNION SHOP AND CHECK OFF
ARTICLE 4 SENIORITY
ARTICLE 5 HOURS OF WORK
ARTICLE 6 OVERTIME
ARTICLE 7 HOLIDAYS
ARTICLE 8 GRIEVANCE PROCEDURE
ARTICLE 9 ARBITRATION
ARTICLE 10 STRIKES, LOCKOUTS AND WORK STOPPAGES
ARTICLE 11 LEAVE OF ABSENCE
ARTICLE 12 PAID TIME OFF
ARTICLE 13 BANKED SICK LEAVE
ARTICLE 14 JURY AND COURT WITNESS PAY
ARTICLE 15 FIREFIGHTERS
ARTICLE 16 SAFETY AND HEALTH
ARTICLE 17 HPWO PARTNERSHIP
ARTICLE 18 BULLETIN BOARDS
ARTICLE 19 GROUP INSURANCE
ARTICLE 20 GENERAL
ARTICLE 21 UNION REPRESENTATION
ARTICLE 22 WAGES
ARTICLE 23 PENSION PLAN & SAVINGS AND INVESTMENT PLAN
ARTICLE 24 SUCCESSORSHIP
ARTICLE 25 SUB-CONTRACTING
ARTICLE 26 DURATION
APPENDIX A COMPANY RULES
APPENDIX B PAE EMPLOYEE BENEFITS
APPENDIX C DENMAR EMPLOYEE BENEFITS
APPENDIX D AOC EMPLOYEE BENEFITS
APPENDIX E MNPL CHECK-OFF
APPENDIX F MACHINISTS WORKSITE BENEFITS PROGRAM
APPENDIX G HPWO
APPENDIX H SUBSTANCE ABUSE POLICY
APPENDIX I ACRONYMS
AGREEMENT
THIS AGREEMENT entered into at Vance Air Force Base near Enid, Oklahoma, effective August 2, 2015 by and between PAE TECHNICAL SERVICES and DENMAR
SERVICES, INC. and AMERICAN OPERATIONS CORPORATION. (hereinafter referred to collectively and separately as the "Company") and the INTERNATIONAL ASSOCIATION OF
MACHINISTS AND AEROSPACE WORKERS, AFL-CIO, and DISTRICT LODGE 171 and its
LOCAL LODGE NO. 898 (herein collectively "Union") as representative for the purpose of collective bargaining of the employees hereinafter defined. Said parties agree as follows:
The purpose of this agreement is to provide orderly collective bargaining relations between the Company and the Union, to secure a prompt and fair disposition of grievances and to stabilize employment relations for the duration of this agreement.
The term "employee" or "employees" as used in this agreement (except where the context clearly indicates otherwise) shall mean an employee or employees of the Company within the bargaining unit described in the Recognition Article, and this agreement shall apply only to such employees.
This Agreement shall supersede any and all agreements, written or verbal, existing or previously executed, or any other agreement prior to August of 2015 between the Company and the Union affecting employees in the job classifications covered hereby.
This agreement can be changed or modified only by a document in writing signed on behalf of both parties hereto by their duly authorized representatives; provided, however, that written agreements regarding particular matters or understandings may be made between the
Company and the Union and shall be binding upon the employee or employees concerned, the Company and the Union.
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.
The waiver of any breach or condition of this agreement by either party shall not constitute a precedent for any further waiver of such breach or condition.
This agreement shall be binding upon the Company, its corporate successors and assigns.
ARTICLE 1
RECOGNITION
1.1 The Company recognizes District Lodge 171 and its Local Lodge 898, International Association of Machinists and Aerospace Workers, AFL-CIO, as the exclusive bargaining representative for the supply and procurement including local purchase specialist, civil engineering including construction contracts specialists, transportation, recreation services, communications including telecommunications planning analysts, firemen, and reproduction photo lab employees, including shop clericals and lead, graphic design employees and office clerical positions including directors administrative employees, personnel administrators and payroll administrators employed by the employer at Vance Air
Force Base, Oklahoma; excluding all other employees including Program Manager
Administrative Section, professional engineers, guards, watchmen, temporary employees and supervisors as defined in the National Labor Relations Act, as amended.
1.2 The term "temporary employees" is limited to employees hired for a period not to exceed 120 days or on a seasonal basis.
1.3 The term "part-time employees" as used in this Agreement means employees who are regularly scheduled to work less than 30 hours per week. If a "part-time employee" averages 30 hours or more per week during the two full pay periods prior to the end of a calendar month, they shall accrue Paid Time Off (PTO) benefits for that month as a full time employee. For any holiday which occurs during the following calendar month they shall qualify for holiday pay as a full time employee, if otherwise eligible.
1.4 The term “full-time employees” as used in the Agreement means employees who are regularly scheduled 32 hours or more per week.
ARTICLE 2
MANAGEMENT RIGHTS
2.1 The Union recognizes that it is the function and right of the management to exercise its own judgment and discretion in developing processes which meet the standards of government requirements and customer acceptance, to meet competition, in order that its business and jobs and wages be protected. To attain these benefits the Union recognizes as included in, but not limited to, the following rights and duties of management:
2.2 Except insofar as it is specifically abridged by express provisions of this agreement, the management of the plants and the direction of the working forces are vested in the Company. This includes, but not limited to, the right to hire, retire, transfer, promote, demote, suspend for just cause, discipline for just cause, or discharge for just cause, the making of rules not in conflict with this agreement, to relieve employees from duty because of lack of work, and to maintain discipline and efficiency of employees, provided that this will not be used for the purpose of discrimination against any employee.
2.3 There shall be no unlawful discrimination in regard to hires, tenures, terms or conditions of employment, because of race, color, sex, age, religion, national origin, ancestry, disability not related to job performance, or because the individual is a disabled or Vietnam
Era veteran; provided, however, nothing contained in this agreement shall in any way be construed to limit the right of the Company to discharge any employee or refuse to rehire any employee at the request of the Contracting Officer in order to comply with its obligation to the government of the United States of America under its contract with the Department of the Air
Force.
2.4 The Company and all representatives of the Union having access to the premises and all employees are required to comply with applicable government security regulations when on government property and/or performing work for the government. Employees working on the program must submit to appropriate security screenings and searches and must apply for, receive and maintain any required government clearances. The Company and the Union agree that security information will be revealed only to persons properly cleared and required by the government to have the information.
In the event that the government revokes, suspends or refuses required security clearances, identification badges, contractor identification cards or other required credentials to perform work on Vance AFB or any of its associated locations, the Company will comply with the government’s requirements which may include removing employees from the base and work areas and terminating their employment. In the event such action is taken, any review, challenge, or appeal shall be directed to the government Contracting Officer or
Security Representative at Vance Air Force Base.
In the event that such government agency following the taking of such action advises the Company in writing 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, at the employee’s request, promptly reinstate the employee with seniority, to the same job classification subject to the applicable seniority provisions of the Agreement, so long as the notification from the government occurs within twelve (12) months of the original restriction.
If an employee is assigned to a work area in which the government requires a security clearance or NAC (National Agency Check) and is denied the security clearance or NAC, whichever is appropriate, the employee shall be allowed to exercise his/her job bid rights under Article 4. If unable to transfer under Article 4 he/she shall be able to exercise his/her displacement options under the layoff provisions in Article 4 of the Agreement.
2.5 The Company shall be the judge of all matters pertaining to the location of operations, production schedules, and the methods, processes and means of manufacture or servicing and materials to be used, including the right to introduce new and improved methods or facilities and to change existing methods or facilities.
2.6 The Company and the Union acknowledge that the Company operations consist of providing base support services to the U.S. Air Force at Vance Air Force Base, Oklahoma, pursuant to a contract between the Company and U.S. Government, whereby the employer is required to perform the contracted for services in accordance with specified terms and conditions of the government contract.
2.7 The Company may implement and, from time to time, modify reasonable rules and regulations concerning methods to identify illegal work force and work place drug users and alcohol users and to fix and impose penalties for the violations thereof, ranging from reprimand to discharge.
ARTICLE 3
UNION SHOP AND CHECK OFF
3.1 All of the Company's present employees within the bargaining unit shall remain members of the Union as a condition of employment. All newly hired employees in the bargaining unit shall become members of the Union within 90 days after their date of hiring and shall remain members of the Union as a condition of employment, within the requirements of the National Labor Relations Act. To be a member of the Union a member must pay all initiation fees, Union dues and assessments uniformly required of all members.
Union membership is required only to the extent that employees must pay either (i) the
Union’s initiation fees and periodic dues or (ii) service fees which in the case of a regular service fee payer shall be equal to the Union’s initiation fees and periodic dues or, in the case of an objecting service fee payer, shall be the proportion of the initiation fees and dues corresponding to the proportion of the Union’s total expenditures that support representational activities.
3.2 In the event that paragraph 3.1 becomes illegal, by reason of Oklahoma law prohibiting the Union shop, then the parties will substitute an agency shop provision for the
Union shop provision if such substitution can lawfully be made. Such agency shop provision, if legal, would require all employees in the bargaining unit to pay the Union an amount equal to Union dues, initiation fees, and assessments.
3.3 The Company will within 10 days after written notice from the Union discharge any employee who is not a member of the Union.
3.4 The Company agrees to a check off of Union dues, initiation fees and assessments for all employees covered by this agreement, provided that the Union 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 from the last pay period of such member each month. The Company shall disburse to the Union the amount deducted within ten (10) business days following the end of the month in which the deduction is taken.
Once Union deductions are taken, the Company will not make any reimbursements to employees, of any Union dues, initiation fees, and assessments.
3.5 Nothing contained in this article shall be construed to require the Company to violate any applicable law.
3.6 Employees shall not engage in Union organization activity or Union solicitation or collection of Union dues or assessments on working time.
3.7 The Union agrees to and does hereby hold and save the Companies harmless from any and all liability, responsibility, or damage for deduction, payment authorization, or notification as provided for in this article, specifically including, but not limited to, the
Companies’ agreement to deduct dues, initiation fees and reinstatement fees from the employee’s paycheck and the Unions assumes full responsibility for the disposition of the funds so deducted when turned over to the Secretary-Treasurer of the Union.
ARTICLE 4
SENIORITY
4.1 The purpose of seniority is to provide preference in layoff and recall to work, progression, job bidding and shift preference. In the application of seniority principles, the
Company will give preference to seniority if other factors are substantially equal. For seniority to be applicable, the employee involved must have the ability, physical fitness, dependability and qualifications to perform the work involved.
4.2 Seniority is defined as the length of time since the last date of hiring by the
Company or by all predecessor contractors at Vance. Employees who are transferred or promoted out of the bargaining unit and who return to the bargaining unit within six months will do so without loss of seniority via the bidding procedure in Article 4 to available openings.
4.3 Every new employee shall be a probationary employee for a period of ninety (90) calendar days from the date he/she first reports for work and during said probationary period he/she may be discharged at any time at the sole discretion of the Company and shall not have recourse to the grievance procedure or to arbitration. Probationary employees will not be eligible to bid on posted job openings.
4.4 In the event of a layoff the Company shall designate the number of employees to be laid off in each job classification, and in each such job classification the employees with least seniority shall be laid off first. An employee who is designated to be laid off or who is bumped may bump a less senior employee in his/her line of progression, but in no event can an employee bump a higher classified employee than themselves. Bumping rights must be exercised within 48 hours after an employee is notified that a layoff will take place. An employee who is bumped to a lower job classification will receive the maximum rate of his/her new job classification or his /her previous rate of pay, whichever is less.
4.5 Following any layoff, as employees are needed for recall they shall be recalled in reverse order to the order in which they were laid off. An employee who has bumped to a lower job classification in lieu of layoff will be offered recall to his/her previous job classification only one time. If he/she declines the offer he/she will not have further recall rights to his/her said previous job classification. When an employee returns to his/her previous job classification the employee shall receive his/her previous rate of pay plus any general wage increases and/or longevity wage increases they would have received if the layoff had not occurred.
4.6 Employees who are in layoff status and accept a full time job with the Company out of their line of progression shall forfeit all recall rights under paragraph 4.5 but shall retain all seniority and other benefits accrued prior to layoff.
4.7 Employees returning to full time jobs out of their line of progression as set forth in paragraph 4.6 shall acknowledge their forfeiture of recall rights under paragraph 4.5 by signing a statement to that effect on a form provided by the Company.
4.8 An employee's seniority shall be terminated, and he/she shall cease to have any rights under this article, in the following situations:
(a) If the employee resigns or is discharged or accepts employment outside the bargaining unit covered by this agreement.
(b) If the employee fails to respond to a written notice of recall within five work days of receipt.
(c) If the employee fails to inform the personnel department of changes of address while he/she is on layoff.
(d) If the employee is absent for three consecutive working days without reporting a reason sufficient to justify his/her absence. (Job Abandonment)
(e) If the employee is on layoff or on leave of absence for two years.
4.9 "Qualified" and "qualified to perform the work" as used in this agreement shall mean possession of the required experience, if any, and required training, if any, and the ability to perform satisfactorily the required duties of the job and to meet standards of quantity and quality without the need of extensive training. In job classifications involving the storage or movement of property, employees must have the physical strength to frequently lift and carry large and cumbersome items and items up to 40 pounds.
4.10 Relative seniority for employees with the same hire date will be determined by the last four digits of each employee's Social Security number, i.e. the lowest number has the most seniority.
4.11 When a job becomes vacant and is needed to be filled, it will be posted for three working days, except that temporary jobs will not be posted. Any employee, except probationary employees, whether or not in the line of progression may sign or electronically sign the job posting notice in accordance with paragraph 4.14. Preference will be given in filling the posted job, except as provided in paragraphs 4.12 to the senior employee in the line of progression, who is qualified to perform the work and who has signed the posting notice before the close of the posting period. If the job is not filled by an employee in the line of progression, it will be awarded to the senior qualified bidder outside the line of progression.
An employee in the line of progression in which the vacancy is posted, who has been on sick leave throughout the posting period and returns to work within three working days after the closing date, or who is on vacation throughout the posting period, may claim the posted vacancy within 24 hours after returning from vacation or sick leave, if it has been awarded to a less senior employee in the line of progression or to an employee outside the line of progression and if he is qualified to perform the work. An employee on sick leave or authorized absence will be allowed to have his/her name added to the posting during the posting period. This can be accomplished by a phone call to the Human Resources office or by signing a posting at one of the locations on base. If the employee on sick leave or authorized absence is the successful bidder, he/she has 10 work days from the posting closing date to return to work and assume the new position. Lines of progression are set forth in Appendix C attached hereto.
4.12
(a) Except for the positions expressly referenced in 4.12 (b), below, employees must meet one of the following criteria of qualifications before they are eligible to bid for a job classification in labor grade 5 or higher.
(1) One year of documented experience relating to the job classification. (DD Form 214 or employment record)
(2) Successful and documented completion of formal schooling equivalent to 6 months experience or 6 months of documented experience and completion of ECI course relating to the job classification.
(b) Before an employee is eligible to bid for one of the following job classifications, he/she must meet the requirements established for that classification as indicated below:
(1) Lead positions in labor grade 10 or above require four years of documented related experience or four years of satisfactory performance in the line of progression.
(2) Supply line of progression
aa. Labor Grade 6 - an employee must have completed the supply career field five-level ECI course. Personnel classified as Clerk, Inventory Management who complete the five level Supply ECI Course will be immediately reclassified to the Specialist, Materiel classification.
bb. Labor Grade 7 or above - an employee must have completed the supply career field seven-level ECI course, except for the classifications Lead, Freight and Specialist, Outbound
Freight. These two positions require one year experience within the supply line of progression, but do not require completion of any supply career field ECI course.
(3) Analyst, Computer Network
aa. two years experience as a Specialist, Network Sr. and a total of 4 years in the “computer” line of progression or
bb. a degree in computer science and two years computer network experience or
cc. a minimum of 6 years dedicated Computer Network experience.
(4) Analyst, System Administrator
aa. two years experience as an Administrator, System Sr. and a total of 4 years in the “computer” line of progression or
bb. a degree in computer science and two years systems administrator experience or
cc. a minimum of 6 years dedicated systems administrator experience.
(5) Assistant, Child Development Program and Assistant, Child
Development Program PT, and Counselor, Center Youth Program and Counselor, Youth Center Program PT - must participate in and continue progress in required Air Force Military Child Development
Training Modules. Upon successful completion of the modules the employee will be promoted to the job classification of Assistant, Child Development Program Sr. or Assistant, Child Development
Program Sr. PT, and Counselor, Youth Center Program Sr. and
Counselor, Youth Center Program Sr. PT, and upon completion of an Associate Degree in Early Childhood Education, the employee will be promoted to the job classification of Associate, Child
Development or Associate, Child Development PT or Associate
Counselor, Youth Center Program and Associate Counselor, Youth
Center Program PT, appropriately and in accordance with Article
23.8 of this Agreement.
(6) Associate, Child Development & PT, Associate Counselor, Youth
Center Program & PT and Specialist, Youth Activities; an employee must have:
aa. an associate degree in Early Child Education or
bb. a current Child Development Associate credential or
cc. a bachelor degree in Early Childhood Education or other related field.
dd. for the Specialist, Youth Activities, an associate degree in
Teaching or Elementary Education.
(7) Graphic Designer
aa. a Bachelor’s Degree in Graphics Design and Digital Imaging or
bb. 4 years experience and satisfactory progress toward a degree in Graphics Design or
cc. a minimum of 4 years dedicated Graphic Design experience.
(8) Administrator, Personnel
Bachelor’s Degree or 2 years related experience in Human
Resources, Payroll, and Business Administration.
(9) Administrator, Payroll Sr.
Bachelor’s Degree in a business or accounting related field or 4 years experience in payroll with human resources experience.
(10) Associate, Administrative
Associate Degree or 2 or more years experience in office management.
(11) Assistant, Administrative
Associate Degree or 4 years experience in office management.
(12) Assistant, Administrative Sr.
Associate Degree or 6 years experience in office management
(13) Specialist, Construction Contracts
Must have a minimum of four-years experience in Contract
Administration or governmental related construction contracting.
Minimum two-year college, four-year degree preferred in a related field.
(14) Specialist, Local Purchase
Must have a minimum of four-years experience in Procurement or similar activity. Minimum of two-years college in a related field, four-year degree preferred.
(15) Assistant Chief, Fire Prevention Must have five-years fire department experience and be an IFSAC
Certified Fire Officer III, Fire Inspector III, Fire Instructor II, Hazmat
Incident Commander and Airport Fire Fighter.
(16) Station Chief, Kegelman Field
Must have five-years Vance fire department experience and be an
IFSAC Certified Fire Officer III, Fire Inspector II, Fire Instructor II, Hazmat Incident Commander and Airport Fire Fighter.
(17) Technician, Telecommunications
Minimum of five years telecommunications experience, three of which must be in communications installation.
(18) Analyst, Telecommunications Planning
Minimum of five-years telecommunications experience, three of which must be in communications installation.
(19) Associate Engineer/Contract Programmer
Minimum Requirements to Bid per Appendix L
(20) Analyst, Information Technology/Telecom Planning
Three (3) years of documented Analyst experience in telecommunications and/or Information Technology or above at
Vance Air Force Base or (DD Form 214 or employment record).
4.13 The posting notice shall state the job classification, the shift or shifts of the job, the pay rate or range, the location of the job and the closing hour of the posting period. The notice shall be posted on all bargaining unit official Union bulletin boards and on QMIS (select
Personnel, Job Bids, Job Posting). Employees who desire to bid for the posted vacancy may do so by personally or electronically signing the posting before the close of the posting period. When a posted vacancy is filled by an employee who is in the same classification, succeeding vacancies in the same job classification which occur successively need not be posted but shall be filled, according to seniority, by qualified employees who signed the posting.
4.14 An employee who signs a posting may state the work area desired (which may or may not be a work area listed in the posting), and he/she will be assigned to such work area, regardless of shift, if it becomes available and if his/her seniority permits. If an employee does not state a desired work area he/she will be assigned to any work area, regardless of shift that becomes available, if their seniority permits. An employee who is transferred to a desired work area will not be allowed to bid on a posted vacancy for six months after such assignment, except for a posted vacancy which would provide the employee a higher labor grade.
4.15 Within one week after the close of the posting period, the Company shall determine whether there are any bidders who are qualified to perform the posted job.
Current discipline for conduct demonstrating a lack of ability of the bidder to perform the work may be used to determine the bidder’s qualification to perform the posted job. The job will be awarded to the senior qualified bidder and the award will be posted on the official Union bulletin boards or on QMIS (if available). The successful bidder shall be assigned to their new job within ten working days after the job is awarded, unless production considerations require a longer delay and so long as it is the same Company.
Employees who are awarded a new job in a different Company shall be assigned to their new job within twenty-five working days after the job is awarded, unless production considerations require a longer delay.
4.16 The successful bidder may be returned to their former job classification, shift and section, if within fifteen (15) working days after beginning the new job classification he/she fails to perform the work satisfactorily, and such employee cannot within six (6) months thereafter bid for a posted vacancy in such new job classification. The employee (unless he/she has bid to a lower job classification in his/her line of progression) shall also have the right to return to his/her former job classification, shift and section any time within fifteen (15) working days after beginning his/her new job classification, in which event he/she cannot bid on any posted vacancy for six (6) months thereafter. The Company will have up to five (5) working days to return the employee to their former job classification, shift, and section after notification in writing by either party. This paragraph does not apply except when an employee changes job classifications.
4.17 If there are no qualified bidders who satisfy the requirements of paragraph 4.15, the Company may within two months fill a posted vacancy either from within or without the bargaining unit. If there are any bidders for a posted vacancy, but no qualified bidders who satisfy the requirements of paragraph 4.15, the individual filling the job, either from within or without the bargaining unit, must meet the same criteria of qualifications required of the bargaining unit employee who bid for the job. If filled from within, Article 4.16 will apply. If, after two months, the posted vacancy is still needed to be filled, it will be reposted.
4.18 A successful bidder cannot bid for another posted vacancy for six (6) months or twelve (12) months when the new job was with another Employer covered by this Agreement, after the date the new job is awarded to him/her unless the posted vacancy would provide the employee a higher labor grade, except a part-time employee bidding to a full time position shall not be restricted. A successful bidder on a lead position will not be permitted to bid on another position within one (1) year after the lead position is awarded to him/her.
4.19 An employee who successfully bids to a lower labor grade will not be allowed to bid on any posted vacancy within six (6) months after the vacancy is awarded to him/her, except an employee successfully bidding to a lower labor grade from layoff status or any medical leave of absence, which precludes the employee’s return to his/her current job, is not restricted from bidding.
4.20 An employee cannot have bids pending in more than one job classification at one time.
4.21 Preference in filling a shift or odd work week vacancy will be given by seniority to employees in the same job classification in the same section who have signed and filed applications for change and who are qualified for the vacancy. An application must be filed with the employee's supervisor. The shift or odd work week preference will be given by seniority no later than the work day prior to the date the job is posted. Successful bidder may bump for shift preference if seniority permits under Paragraph 4.22.
4.22 When an employee is transferred from one section or classification to another the employee may exercise his/her seniority in making a shift selection. An employee bidding on an odd work week shift may exercise his/her shift preference only on an odd work week shift if available.
4.23 Every 60 days the Company will furnish the Union a seniority list of the employees, by job classifications, in order of descending seniority. The current address of all bargaining unit employees will accompany the seniority list.
4.24 When a work section has multiple starting times within a shift (as defined in
Article 5.6) and a vacancy occurs; the employees on that shift in that classification may exercise their seniority for start time preference no later than the work day prior to the date the job is posted. Individuals moving to that shift by virtue of job bid or shift preference application, etc., shall fill the final starting time vacancy.
4.25 An employee who is permanently medically disqualified from their current job classification may be awarded a job in a vacant classification that she/he is qualified for and is physically able to do. The job classification subject to award must be in the entry level
Labor Grade for that Line of Progression. Terms and conditions specified in Article 4.11 shall not apply.
4.26 If an employee accepts and attends a job training course away from Vance AFB and the course and/or classes are scheduled for more than 10 days, the employee must remain in that Job Classification for twelve (12) months from the day of return from the training course. Exempt are job bids within the line of Progression or jobs relevant to the training course.
4.27 It is the intent of the parties that the provisions of Article 4 be used to provide opportunities for advancement by permitting employees to bid on positions which they intend to occupy, and not for the purposes of manipulating the wage rate structure.
4.28 Employees may exercise their seniority rights across Company lines with respect to job bidding, layoff and recall consistent with this Agreement. Bumping rights across
Company lines may be utilized in the event of a layoff as provided in this article. In cases of employee transfer between PAE, AOC and DenMar Services, Inc. the Companies will provide a seamless transition with respect to hours of work minimizing, to the extent possible, the employee’s loss of work hours during the transition. When possible, employee transfers from
PAE or DenMar Services, Inc., or AOC will be effective on the first day of a calendar month, and transfers from DenMar Services, Inc. to PAE, or AOC will be effective the start of a workweek.
In effecting a transfer between the Companies, enrollment in the gaining Company’s group benefits plans will be as seamless as possible under the provisions of the applicable
Summary Plan Descriptions.
4.29 Following the completion of the layoff procedure as delineated in paragraph 4.4 the following “Overage to Shortage” system will be utilized to achieve the correct manning in each classification in each work section.
(a) The Company will provide a list of overage and shortages in writing to the
Union.
(b) The movement of employees from one work section to another will be accomplished by first asking employees by: (1) seniority and job classification to volunteer in the “overage” section, to move to a “shortage” section; (2) lacking volunteers to fill the required manning, the less senior employee in the job classification in the “overage” section will be transferred to fill the same job classification in the “shortage” section.
Sections are currently established as possible work areas under the job bid and seniority provisions of Article 4.
New sections or changes of current sections must be negotiated with the Union.
The Company may evoke an “overage and shortage” for legitimate production requirements involving more than two (2) employees. All movement of employees is permanent work section changes.
ARTICLE 5
HOURS OF WORK
5.1 The purpose of this Article is to define the normal hours of work, but nothing in this agreement shall be construed as a guarantee of hours of work for any period. This
Article does not apply to Firefighters.
5.2 The normal work day for each shift shall consist of eight hours, exclusive of lunch, except for those employees assigned to continuous duty operations.
5.3 The work week shall begin at 0001 hours on Monday.
5.4 The normal work week shall consist of 40 hours, and of five consecutive days, Monday, Tuesday, Wednesday, Thursday, and Friday, in which the sixth day is Saturday and the seventh day is Sunday.
5.5 The normal work week as provided in this agreement shall not apply to employees assigned to an odd work week, which shall consist of 40 hours and of five consecutive days, in which the employee's sixth and seventh days are other than Saturday and Sunday. Full time and Part Time employees assigned to an odd work week will be paid a differential of forty cents (40¢) per hour.
5.6 Determination of starting time and hours of work shall be made by the Company and such schedules may be changed from time to time to suit varying conditions of business.
The starting time of the various shifts will be as follows:
First Shift: Beginning at or after 4:00 a.m. but before 12:00 noon.
Second Shift: Beginning at or after 12:00 noon but before 8:00 p.m.
Third Shift: Beginning at or after 8:00 p.m. but before 4:00 a.m.
5.7 In the event of temporary reductions in staffing requirements as a result of a governmental directive impacting working requirements, such as no-fly days, goal days, family days, weather days, holiday shut-downs, delayed reporting time, base closure, and the like, where management does not require employees to work on such days, employees not required to work may utilize accrued unused PTO to cover time lost.
ARTICLE 6
OVERTIME
6.1 Overtime will be paid at the rate of one and one-half times the regular rate of pay as follows:
(a) For all authorized hours worked or in pay status in excess of 40 hours in any regular work week for which overtime is not otherwise payable. The work week shall begin at 0001 hours on Monday.
(b) For all hours worked in excess of eight hours in any calendar day (except
Firefighters and Operator, ECC).
(c) For all hours worked on paid holidays in addition to holiday pay provided by paragraph 7.4.
6.2 Overtime (which is defined as hours worked at a premium rate of pay) will be equalized within a spread of 50 hours for employees within an overtime group (which is all employees within the same job classification in the same section on the same shift who start within the same two hours time block, commencing with 0400 ending 0559, and so forth), provided however, that work in process need not be reassigned for the purpose of equalizing overtime. It is the Union’s responsibility to maintain the overtime log, with management oversight. Overtime offered and refused shall be counted as worked, provided the employee(s) refusing is (are) the lowest employee(s) on duty in overtime hours in the overtime group. If it becomes necessary for the Company to require employee(s) to work overtime, it must first require the employee(s) on duty who is (are) lowest in overtime hours in the overtime group. Upon entering an overtime group an employee shall be assigned the maximum number of overtime hours accumulated by any employee in that overtime group. It will not be a violation of this paragraph for overtime work not to be offered on a given day to employees who are on vacation or otherwise absent from their scheduled work shifts. The
Company shall not be obligated to offer overtime work to employees who sign a statement that they prefer not to work overtime, but such employees shall be considered lowest in overtime hours in the overtime group and shall be subject to overtime assignments. An employee who revokes a statement that he/she prefers not to work overtime shall be assigned the maximum number of overtime hours accumulated by any employee in that overtime group. The employee revoking the signed statement shall not be allowed to sign another statement for six (6) months from the date he/she is placed back into the Overtime
Equalization Group Log. An employee who is absent from work beyond thirty (30) calendar days, for any reason, will be assigned the same overtime spread as when that employee last worked. If an overtime spread is greater than 50 hours at the end of a work week (midnight
Sunday) and the excess beyond 50 hours does not result from overtime assignments which are permitted by this paragraph or from overtime worked off base, any employee below the
50 hour spread will be paid and charged for his/her number of hours below the spread. On
October 1 of each year the employee with the lowest overtime hours in her/his overtime group will be logged as “0” zero on the Overtime Equalization Log. The overtime spread between additional employees in that overtime group will be maintained and logged accordingly. This paragraph does not apply to Firefighters.
6.3 Paragraph 6.2 will apply to civil engineering EMCS operators, and other categories which have 24-hour coverage, except that shift assignments will not be a factor in determining overtime assignments. This paragraph does not apply to the fire department.
6.4 Based upon the Company utilizing a verifiable and documented log for annotating
“call out” work and based upon the promise of “first” offering “call out” overtime to the appropriate classification lowest in overtime hours in the overtime group the Company and the Union would agree to count the attempted “call out” as overtime refused in maintaining the equalization of overtime as provided in Para 6.2 of the agreement.
6.5 Further when the above procedure is followed and the Company is unable to get a response to the “call out” from employees in the primary classification, and a qualified employee is called in by the Company from a different classification, and responds; the overtime hours offered will be logged as “refused” in the primary classification, and the overtime hours worked by the employee that “responds” will not be logged. The response must be voluntary and will not be utilized until “call out” overtime is first offered to the primary classification.
6.6 Overtime pay will not be duplicated for the same hours worked.
6.7 It is understood and agreed that the Company reserves the right to require employees covered by this agreement to perform overtime work in order to meet government contract requirements. When such overtime is required, affected employees will be given as much advanced notice as possible.
ARTICLE 7
HOLIDAYS
7.1 The Company recognizes the following eleven holidays: New Year's Day, Martin
Luther King's Birthday, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, the day before Christmas, and Christmas
Day.
7.2 In addition to the above holidays presently recognized the Company agrees to observe any holidays declared as a legal holiday (either declared by Congress, or the
President) and observed by the military where the government will pay the contractor.
7.3 Whenever one of the above holidays falls on Sunday, the Monday immediately following shall be observed, if officially declared a legal holiday and generally observed by the military at Vance Air Force Base. Whenever one of the above holidays falls on Saturday, the
Friday immediately proceeding shall be observed, if officially declared a legal holiday and generally observed by the military at Vance Air Force Base. Said holiday falling on Saturday or Sunday, and observed on the preceding Friday or following Monday, shall be considered the regular holiday. Christmas Eve will be observed on the day specified by the military at
Vance Air Force Base as a Christmas Eve holiday for the Company. If no such day is specified by the military during Monday through Friday, Christmas Eve will not be observed by the Company and the employees who are eligible for Christmas Eve holiday pay will receive one day of paid leave in lieu of a Christmas Eve holiday, which must be taken before the end of the fiscal year, and scheduled in the same manner as vacation.
7.4 An employee on the active payroll of the Company, except Firefighters, shall, if otherwise eligible, receive holiday pay of eight hours at his/her regular rate of pay (16 hours for Vance Firefighters, 12 hours for Kegelman Firefighters; 12 hours for Vance Operators, Emergecy Communications Center; 4 hours for part-time employees). In order to be eligible to receive holiday pay an employee must have worked or been paid for at least four hours of his/her scheduled shift on their last scheduled work day immediately preceding such holiday and must have worked or been paid for at least four hours of their scheduled shift on their first scheduled work day immediately following such holiday, however, supervisors may authorize unpaid absence (AA) for these hours.
7.5 The Company may, at its option, observe the above recognized holidays by closing the operation or scheduling work on them.
7.6 If work is scheduled for any holiday and an employee is notified but fails to work as scheduled, unless excused there from he/she shall not receive any pay for said holiday.
7.7 If one or more of the above holidays occurs while an employee is on an authorized vacation, he/she shall receive pay for such holiday or holidays as specified in this article.
7.8 There shall be no pyramiding of premium or overtime pay and nothing in this agreement shall be construed so as to require the payment of premium or overtime pay more than once for the same hours worked.
ARTICLE 8
GRIEVANCE PROCEDURE
8.1 The term "grievance" as used in this agreement means any dispute arising regarding the interpretation, application, claim of breach or violation of this agreement which an employee has not been able to adjust with their immediate supervisor with or without his/her steward, which shall be at the employee's discretion. Such grievances shall be handled as promptly as possible in accordance with the following procedure:
8.2 Step I: The grievance shall be reduced to writing by the Shop Steward in triplicate on a form to be mutually agreed upon by the parties, to be furnished by the
Company, and to be presented to the employee's immediate supervisor by the Shop
Steward. A Step I grievance meeting will be held within three (3) working days of the supervisors receipt of the grievance. The grievance shall be answered in writing by the supervisor within five (5) working days after the grievance meeting.
8.3 Step II: In the event the grievance is not satisfactorily disposed of under Step I hereof, it may be appealed by the Shop Steward to the director/manager or his/her designee, in the department where the grievance arose. A Step II grievance meeting will be held within five (5) working days of the director’s/manager’s receipt of the grievance. The grievance shall be answered in writing within five (5) working days after the grievance meeting.
8.4 Step III: If the grievance has not been satisfactorily disposed of under Step II hereof, it may be referred by the Grievance Committee to the Human Resources Manager or his/her designee for PAE or DenMar Services, Inc. An agenda of grievances must be submitted by the Union to the appropriate Company’s representative or his/her designee 48 hours prior to the scheduled meeting. The appropriate Company’s representative or his/her designee shall render a decision in writing within five (5) working days after adjournment of the meeting. A full time representative of the Union shall be permitted to be present and participate in all Step III meetings if the Union so desires. The Chairman of the Grievance
Committee or his/her designee shall be spokesman for the Union. The appropriate
Company’s representative or his/her designee shall be spokesman for the Company. There shall be no obligation on the part of the Company or the Grievance Committee to discuss any grievance which does not appear on the agenda, except by mutual agreement.
8.5 Unless a grievance shall be appealed within five (5) work days after the decision in Step I and within five (5) work days after the decision in Step II of the grievance procedure, such grievance shall be deemed to have been settled. Such decision shall be final and binding on the Company, the Union and the employee or employees involved. A decision rendered on a grievance in Step III of the grievance procedure shall be final and binding upon the Company, the Union and the employee or employees involved, and the grievance shall be deemed settled in accordance therewith, unless it is subject to and arbitrated as provided in Article 9 of this agreement. The time limits in this article may be extended by written mutual agreement.
8.6 Any grievance must be filed as provided in this article within ten (10) working days from the date it occurred or the date the grievant should have reasonably known. No wage claim shall be valid for a period of more than 30 calendar days prior to the filing of the grievance.
8.7 Policy grievances may be presented in duplicate in Step III (paragraph 8.4). A policy grievance is defined as a grievance involving the interpretation, application, claim of breach or violation of the Agreement affecting the wages, hours or working conditions of a group of employees as distinguished from a grievance affecting an individual employee.
8.8 The written grievance shall set forth the complaint and remedy sought, the number of the article and paragraph of this agreement, which is claimed to be the basis for the filing of the grievance, and this, together with any accompanying statements, shall be dated and signed by the complaining employee and by the Shop Steward presenting the grievance; provided, however, that the Shop Steward and the complaining employee may amend the grievance and the Company may amend the answers prior to the decision in Step
II. After the decision in Step II, amendments shall be made only by mutual agreement.
8.9 After the Company representative has made a reply to a grievance in any step of the foregoing procedure, there shall be no obligation of such representative to discuss or consider the matter further.
8.10 To obtain a Shop Steward, the complaining employee should request his/her immediate supervisor to request the Shop Steward's immediate supervisor for the Shop
Steward to be sent to the location of the complaining employee. The grievance shall be handled as expeditiously as possible and the Shop Steward shall then return promptly to his/her immediate supervisor.
8.11 Should it be necessary for a Shop Steward to contact a director or his/her designee for the purpose of processing a grievance to Step II, in accordance with paragraph
8.3 of this article, the Shop Steward shall obtain from his/her immediate supervisor permission to phone the director or his/her designee, for an appointment with the director.
The grievance shall be handled as expeditiously as possible and, upon completion of which, the Shop Steward shall return promptly to his/her immediate supervisor.
8.12 When it is necessary for a member of the Grievance Committee to leave his/her job for the purpose of attending Step III meetings as provided herein, such Union representative shall first notify his/her immediate supervisor (or, when not available, the immediate supervisor or director) and obtain permission to leave.
8.13 Union Shop…
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