Atch 3_CBA FY17 PAE SAFB.PDF

1 Sheppard AFB, Wichita Falls, Texas

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

Pacific Architects & Engineers, Inc.

Sheppard AFB, Wichita Falls, Texas

Base Operations Support Services Contract

AND

THE INTERNATIONAL ASSOCIATION OF MACHINISTS

AND AEROSPACE WORKERS

AND IT’S

LOCAL LODGE 2771

OF

DISTRICT LODGE 776

FOR EMPLOYEES ON THE

BASE OPERATIONS SUPPORT SERVICES CONTRACT

EFFECTIVE

June 27, 2016 – June 30, 2019

RFP Attachment 3

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TABLE OF CONTENTS

ARTICLE 01.00 – INTENT AND PURPOSE

Section 1 – General Provisions

Section 2 – Recognition

Section 3 – Period of Agreement

Section 4 – Rights of Management

Section 5 – No Strike and No Lockout

Section 6 – Union/Agency Shop and Check Off

Section 7 – Separability

Section 8 – Security

Section 9 – Non Discrimination

Section 10 – Bargaining Unit and Non-Bargaining Unit Work

Section 11 – Union Stewards

Section 12 – Business Representatives and Union Officials

Section 13 – Bulletin Boards and Posting Notices

Section 14 – Information Provided to the Union

Section 15 – Official Union Business

ARTICLE 02.00 – GRIEVANCES AND ARBITRATION

Section 1 – Definition of Grievance

Section 2 – Grievance Procedure

Section 3 – Basis of Seniority and Establishment of Seniority Rights

Section 4 – Layoffs

Section 5 – Recalls

Section 6 – Employees Entering Armed Forces

Section 7 – Loss of Seniority

Section 8 – Promotions

Section 9 – Job Vacancies

ARTICLE 03.00 – EMPLOYMENT CONDITIONS

Section 1 – Drug and Alcohol Free Workplace

Section 2 – New Technology

Section 3 – Sanitary, Safety and Health Conditions

ARTICLE 04.00 – EMPLOYEE PRIVILEGES

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Section 1 – Vacation

Section 2 – Sick and Personal Leave

Section 3 – Military Leave

Section 4 – Bereavement Leave

Section 5 – Leaves Without Pay

Section 6 – Holidays

Section 7 – Break and Lunch Periods

Section 8 – Jury Duty

Section 9 – Temporary Duty Assignment (TDY)

Section 10 – Severe Weather/Base Closure/Goal Day

ARTICLE 05.00 – PAY PROVISIONS

Section 1 – Wages

Section 2 – Overtime

Section 3 – Hours of Work

Section 4 – Report Time and Call-Back Time

Section 5 – Health & Welfare Benefits

Section 6 – Uniforms

Section 7 – Tools

Section 8 – On-the-Job Injury

Section 9 – Copies of the Agreement

Section 10 – Job Descriptions

Section 11 – Tuition Assistance Reimbursement

Section 12 – DURATION

APPENDIX A

Letter of Understanding

4 Sheppard AFB, Wichita Falls, Texas

PREAMBLE

This Agreement is effective June 27th 2016, by and between Pacific Architects & Engineers, Inc., hereinafter referred to as the "Company", and Local Lodge 2771 of District Lodge No. 776 of the International Association of Machinists and Aerospace Workers, AFL-CIO, hereinafter referred to as the "Union".

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ARTICLE 01.00 – INTENT AND PURPOSE

GENERAL CONDITIONS OF CONTRACT

Section 1 – General Provisions

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

(B) Any practice of the company in the past not specifically set out herein is expressly eliminated as a subject for bargaining, and, during the life of this Agreement, may not be raised for further bargaining or negotiations.

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

(D) This Agreement can be changed or modified only by a document in writing signed on behalf of both parties hereto by their duly authorized representatives, provided, however, that such changes or modifications are ratified by the membership of the Union. Written agreements regarding interpretations or understandings may be made between the Company and the Business Representative and the Negotiating Committee that do not change or modify the Agreement and shall not require the ratification of the membership.

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

(F) Either party hereto shall be entitled to require specific performance of the provisions of the Agreement. It shall be the duty of the Company and its representatives and the Union and its representatives to comply with and abide by all of the provisions of this Agreement.

Section 2 – Recognition

The Company recognizes the Union, as the sole and exclusive collective bargaining agent on behalf of all the employees of the Company within the bargaining unit as hereinafter defined, with respect to wages, hours, and all other terms or conditions of employment for the bargaining unit comprised of all full-time and regular part-time utilities worker, plumber, maintenance electricians, general maintenance worker, warehouse specialists, maintenance carpenter, HVAC and any additional classifications included in Appendix A who are employed at Sheppard AFB, Wichita Falls, TX in accordance with this Agreement on the Base Operations Support

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Services contract at Sheppard AFB, Wichita Falls, TX on contract number FA3002- 09-C-0003 as certified by the National Labor Relations Board on April 7, 2010 in Case Number 16-RC-10927, excluding senior buyers, planners, office clerical employees, professional employees, guards, and supervisors as defined in the Act.

The Company and the Union agree to add the following classifications to this Recognition: Technical Instructors, Environmental Technicians, Engineering Technicians, Cartographic Technician, Alarm Monitors, Accounting Clerks, Carpenters, Service Order Dispatchers, Computer Operators, Heavy Equipment Operator, Pest Controller, Welder, Drafter, Locksmith, Fuel Systems Distribution and Supply Technician

Section 3 – Period of Agreement

(A) This agreement shall be effective June 27th 2016. The Agreement shall remain in full force and effect to and including June 30th 2019 and thereafter from year to year until modified, amended, or terminated, as hereinafter provided. Not more than seventy-five (75)* days nor less than sixty (60) days prior to the expiration date of this Agreement, or prior to the expiration of any subsequent yearly period, either party may give to the other party written notice of desire for modifications or amendments.

The parties agree to schedule negotiations within fifteen (15) days after the giving of such notice. In the event of a failure of the parties to reach agreement upon modifications or amendments to the Agreement by June 30th 2019, or the terminal date of any subsequent yearly period for which this Agreement remains in full effect, either party at any time thereafter may terminate this Agreement by giving written notice to the other specifying the date of termination five (5) days in advance of such date.

*Where not otherwise specified, any reference to “days” in this Agreement refers to calendar days.

(B) Any notice given under this section shall be deemed to be served when mailed postage prepaid, registered mail, return receipt requested, or delivered in hand, to the Pacific Architects & Engineers Program Manager for its Base Operations Support Services contract for service upon the Company, and when similarly mailed, or delivered in hand, to District Lodge 776, in behalf of Local Lodge 2771, in Wichita Falls, TX for service upon the Union. The date of receipt shown on the registered mail return receipt or the date of written receipt of personal service shall be the controlling date for all purposes under this Agreement.

(C) After the Company and Union negotiation committees have concluded negotiations of amendments and modifications to the Agreement, all such amendments and modifications must be accepted or rejected as a whole (without acceptance or rejection of parts thereof) by the Company and the Union.

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Section 4 – Rights of Management

(A) Except as modified by a specific provision of this Agreement, the company reserves and retains all of its normal and inherent rights with respect to the management of the business, including (without limiting the generality of the foregoing) its right to establish or continue policies, practices, and procedures for the conduct of the business; to select and direct the working force; to establish, eliminate, change, or combine work schedules, and work assignments, which are not in conflict with the terms of this Agreement; to transfer, promote or demote employees, or to lay off, terminate or otherwise relieve employees from duty for lack of work or other legitimate reasons; to make and enforce reasonable rules for the maintenance of discipline; to suspend, discharge or otherwise discipline employees for cause; and otherwise to take such measure as management may determine to be necessary to the orderly, efficient or economical operation of the business.

(B) It is understood and agreed that any of the powers and authority the Company had prior to the signing of this Agreement are retained by the Company except those specifically modified, delegated or granted by this Agreement.

(C) No Company rule, regulation, and/or policy shall be in conflict with the provisions of this agreement, nor shall the Union be restricted from contesting the implementation of any rule, regulation, and/or policy through the procedures defined in Article II of this agreement.

Section 5 – No Strike and No Lockout

(A) It is the intent of the parties, in the interests of attaining a peaceful, orderly relations and efficient, uninterrupted operations, to set forth in this Agreement the obligations of the Company to the Union and the employees it represents, and to provide the exclusive procedures through which the Union, the Company, and the employees shall resort to secure redress for grievances arising from this Agreement.

(B) The Union shall not cause nor permit its members to cause, nor shall any member of the Union take part in any strike, work stoppage, sit-down strike, stay-in, sympathy strike or slowdown in any Company location or any curtailment of work or restriction of production or interference with the operations of the Company.

(C) The Union shall not cause nor permit its members to cause, nor shall any member of the Union take part in, any strike of any of the Company’s operations, or non-informational picketing of any of the Company’s plants or premises.

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(D) Any employee found guilty of violating this Article may be discharged or subject to other disciplinary action as the Company may consider appropriate subject to the grievance procedure.

(E) The Company shall not authorize or direct a lockout during the period this Agreement is in effect.

Section 6 – Union/Agency Shop and Check Off

(A) Membership in the Union is not compulsory. Employees in the bargaining unit must as a condition of continued employment be either a member of the Union and pay Union dues or pay an Agency fee to the Union, but not both. If such condition of employment is not met, the employee’s employment shall be terminated in compliance with standards permitted by the N.L.R.B. and court decisions relating to Agency shop requirements. Employees have the right to join, not join, maintain, or drop their membership in the Union as they see fit. Neither party shall exert any pressure on or discriminate against an employee in regards to such matters.

(B) Each employee in the bargaining unit shall, beginning on the 31st day following the execution of this Agreement or the 31st day following his/her employment, rehire, reinstatement, reemployment, recall, transfer, or regression into the bargaining unit, as a condition of continued employment in the bargaining unit, execute and deliver to the Company (with a copy to the Union) a Union Dues or Agency Fees Deduction Authorization as provided for in this Article that shall authorize the Company to deduct from the employee’s pay an amount of money equal to the Union’s regular and usual initiation fee or reinstatement fee and its regular, uniform and usual monthly Union dues/Agency fees to be remitted to the Secretary-Treasurer of the Local Lodge designated by the Union, or pay directly to the Union an amount of money equal to the Union’s regular and usual initiation fee or dues as certified by the Secretary-Treasurer of the Local Lodge designated by the International Association of Machinists and Aerospace Workers. For the purpose of this agreement probationary employees may not become members of the bargaining unit until their 90-day probationary period is complete. It is understood that Union dues or Agency fees are due and payable on the first payday of each month. Employees electing to use the Union Dues or Agency Fees Deduction Authorization shall be deemed to have met their obligation under this Article when the Company properly deducts Union dues or Agency fees from their paycheck on the first pay period of each month. Employees electing to pay their Union dues or Agency fees directly to the Union shall make Union Dues or Agency Fees payments to the Union by the end of the calendar day on which the employee is paid.

(C) Any employee within the bargaining unit who is required to contribute to the Union as provided for in Paragraph (A) of this Section and who is subsequently transferred or promoted out of the bargaining unit or laid off

9 Sheppard AFB, Wichita Falls, Texas shall not be subject to any of the provisions of this Section during the period of time such employee remains outside the bargaining unit or on layoff.

(D) No employee within the bargaining unit shall be required to pay fees or dues covering any period during which the employee was not in the bargaining unit or was not on the Company’s active payroll including layoff.

(E) An employee within the bargaining unit shall be considered in good standing for the purpose of this Article when such employee tenders the amount of money equal to the Union’s regular and usual initiation fee (due and payable only once per employee without regard to any interruption in service) or reinstatement fee and its regular uniform and usual monthly Union dues or Agency fees to an authorized agent of the Union or pays through authorized payroll deductions the Union’s regular and usual initiation fee (due and payable only once per employee without regard to any interruption in service) or reinstatement fee and its regular uniform and usual monthly Union dues or Agency fees as are authorized by the employee to be withheld in accordance with this Article.

Once the Union becomes aware of the employee’s delinquency and the Union notifies the employee of the delinquency the employee will have fifteen (15) calendar days to resolve the delinquency. If the delinquency is not resolved the Union shall notify the Company and the employee and the Company shall discharge the employee on the fifteenth (15th) calendar day after said notification, if the delinquency is not resolved.

(F) Employees may handle the matter of payment of Union initiation fees or reinstatement fees and Union Dues or Agency fees directly with the Union. In cases where deductions are made from those who have already paid Union initiation fees or reinstatement fees and Union dues or Agency fees, the Union will make refunds directly to such employees.

(G) Deductions shall be made for the accrued regular monthly Union dues or Agency fees of each employee in the bargaining unit for whom the Union Dues or Agency Fees Deduction Authorization has been received, beginning with the pay for the first full pay period in the month following receipt of such authorization, provided that sufficient earnings remain to cover Union dues or Agency fees after all deductions required by law are made, and such Union dues or Agency fees deductions shall continue in like manner monthly thereafter, except as qualified in this Article.

1) Deductions shall be remitted to the Secretary-Treasurer of the District Lodge 776 designated by the Union within 10 days following the first payday of each month. The Company will furnish the Secretary- Treasurer, at the same time, a list compiled in alphabetical order of those employees for whom deductions have been made and the amount of each deduction.

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2) When ceasing to deduct Union dues or Agency fees for any reason, the Company will submit the name(s) of such employee(s) in alphabetical order, and the reason for no deduction to the Secretary- Treasurer of the District Lodge 776 designated by the Union at the same time the monthly dues deduction list is remitted.

3) When ceasing to deduct Union dues or Agency fees for any reason, the Chief Steward will be notified of the stoppage within one (1) business day of the stoppage.

Section 7 – Separability

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

(B) The Company and the Union shall, within thirty (30) days, negotiate the provision of the Agreement affected by such legislation or court decree.

Any modification or changes to this agreement brought about by the above negotiations shall be in writing and signed by the parties hereto.

Section 8 – Security

(A) The Union recognizes that the Company may now have, or may incur in the future, obligations with respect to the security of information and materials under contract with the Government.

(B) The Union agrees that nothing contained in this agreement shall place the Company in violation of security requirements with the Government.

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

(D) It is understood that there shall be no liability on the part of the Company for any release growing out of the denial/withdrawal of clearance and/or unescorted entry authorization by the United States Government.

However, the Company will give consideration to assigning an employee in his job title to an area for which he is qualified and can perform the work without a clearance.

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(E) The Company will reinstate the seniority of an employee who’s denied security clearance is reinstated by the Federal Government. A non-probationary employee who loses his security clearance or site access for any reason will not lose his seniority until final adjudication of his appeal.

Any employee whose seniority is reinstated under this provision will be reinstated in his previously held occupational title.

Section 9 – Non Discrimination

The Company and the Union separately and jointly recognize their obligation to abide by those state and federal laws relating to equal employment opportunity and nondiscrimination. The Agreement shall be applied fairly and shall not in any way be used to discriminate against employees on account of race, color, religious affiliation, sex, age, national origin, veteran, or handicap status. It is understood that wherever in this Agreement employees or jobs are referred to in the male or female gender, it shall be recognized as referring to both male and female employees.

Section 10 – Bargaining Unit and Non-Bargaining Unit Work

(A) Employees who are not members of the bargaining unit shall not perform work that is performed by members of the bargaining unit except as noted below:

1) In extraordinary circumstances where the satisfaction of the Company’s obligations and responsibilities as a contractor may be jeopardized when bargaining unit employees with the necessary skills are not immediately available.

2) In emergencies – where conditions exist endangering life, limb or property.

3) For the purpose of providing training to Bargaining Unit employees.

(B) With the exception of Leads, employees who are part of the bargaining unit will under no circumstances perform any task involving the planning, organizing, or directing of any work by other bargaining unit employees, be responsible for facilities and/or property not directly associated with his individually assigned classification or any other supervisory/management related function.

Section 11 – Union Stewards

(A) Upon execution of this Agreement, the Union shall promptly furnish the Program Manager, in writing, the names of the Union Stewards.

Thereafter, the Union shall promptly advise the Program Manager, in writing, of any change in Stewards. No Steward will be recognized as such by the Company prior to receipt of written notice of notification.

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(B) Duties of Stewards: Steward duties include gathering information on alleged violations of the Agreement and the process of settlement of grievances as defined in the grievance procedure of this Agreement and coordinating other union activities. The Steward, upon approval of his/her supervisor, shall be authorized to devote up to four (4) hours per week to perform steward duties without loss of pay. This time will be extended by management at the request of the Steward if special circumstances arise.

(C) There will be five (5) stewards, one of which will be designated as Chief Steward. Stewards will be designated at the bargaining unit discretion and shall be from and assigned to each of the following locations:

1. Bldg 1402

2. Bldg 2384/HVAC

3. Bldg 1403

4. 1200/Hosp

5. Bldg 1404/B2119

(D) The number and locations of Stewards may be adjusted by mutual agreement to compensate for facility and population changes.

(E) A Steward shall secure permission of his/her supervisor or assigned alternate before leaving his/her workstation, reporting back to his/her supervisor or assigned alternate upon return to his/her workstation.

Permission will be granted unless operation activities are affected. Upon entering the work area of another Supervisor’s responsibility, the Steward will contact the Supervisor or assigned alternate before attempting to contact any employee.

The Company recognizes limitations upon the authority of the Steward and shall not hold the Union liable for any unauthorized acts, subject to the provisions of the No Strike-No Lockout Article of the Agreement. The company in so recognizing such limitations shall have the authority to impose proper discipline, including discharge, in the event a Steward has taken unauthorized strike action, slowdown, work stoppage, or other actions in violation of this Agreement.

(F) Each new employee covered by this Agreement shall be introduced to the Union Steward by the Supervisor in the activity to which such employee will be permanently assigned within three (3) workdays of reporting to work.

(G) Stewards and the Program Manager shall conduct monthly Labor/ Management meetings.

(H) Employees may elect to have a union steward present during meetings held to present disciplinary action. A copy of disciplinary action will be provided the Chief Steward within seven (7) days of action unless employee requests otherwise.

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(I) All disciplinary actions will be in accordance current PAE Policy, #314 Disciplinary Process, dated January 1, 2014. In all cases the appropriate steps for the violation committed will be followed.

(J) Any Disciplinary Action issued to an employee by the Company shall be issued within fifteen (15) working days following the knowledge by the Company of the occurrence of the alleged violation. If needed, the Company may request additional time with the reason for the extension.

Such disciplinary action is subject to challenge by the Union or employee to whom the action is issued in accordance with Article 2, Section 2.

(K) It is understood that no disciplinary actions can be administered unless the Company provides evidence of the specific infraction or violation at the time when disciplinary action is presented.

(L) The Company agrees to notify the Union prior to implementation of any new policies that may affect this agreement.

Section 12 – Business Representatives and Union Officials

(A) The accredited full time representatives of the Union shall have access to the Company’s operations to which they are assigned, for the purpose of contacting Stewards regarding employee complaints or grievances or matters arising out of the application of this Agreement. Such visits shall be subject to such regulations as may be made from time to time by the Company, the U.S. Military Services, and other government agencies. It is agreed that the Company will not impose regulations, which will render ineffective the intent of this provision. Prior to entering the Company’s operations, the Business Representative shall notify the Program Manager to agree on the date and time he/she will be on the facility and the department(s) he/she wishes to contact.

(B) A full-time Union Official or Business Representative may discuss any problems with employees (other than Stewards) on the employee’s own free time. If further discussion of a complaint or grievance is necessary, the Union Representative may meet with any single individual providing that he first notifies the Program Manager. The contacts on Company time, which are provided for in this Section, will be no more frequent and no longer than the matter for discussion reasonably requires. No discussions will be held with supervision of any section unless the Program Manager has been notified and given an opportunity to be present.

Section 13 – Bulletin Boards and Posting Notices

(A) It is agreed that the Union will be permitted to post on Five (5) bulletin boards provided by the Company:

1) Notices of Union recreational affairs.

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2) Notices of Union elections and election results.

3) Notices of Union appointments.

4) Notices of Union meetings.

5) Such other notices as may be mutually agreed upon by the Union and Company.

(B) The Company will afford the Union a segregated area on the bulletin boards clearly identified as “Union Business” where only Union notices will be displayed. The Union shall not distribute or post, nor authorize its members to distribute or post, any material anywhere on the Company’s property except as provided herein.

Section 14 – Information Provided to the Union

(A) The Company will furnish to the Union Business Representative or his designee every quarter, one (1) copy of the seniority list, showing rate, classifications, work center, dates of hire, shifts, and address of each employee.

(B) One (1) copy of the seniority list will be retained in the Administrative Office, and one (1) copy will be given to the Union Business Representative or his designee.

(C) Within five (5) days of a personnel change (new hire or terminations), the Company will furnish to the Union’s Financial Secretary and the Chief Steward, a new seniority list.

(D) Within five (5) days of the end of each month, the company will furnish to the Chief Steward a list of employees laid-off during that month in a mutually agreed to format.

Section 15 – Official Union Business

Any employee can request, by written application, a leave of absence without pay, not to exceed four (4) years, when elected or appointed to perform official Union business. In addition a maximum of two employees may be granted up to ten (10) days absence without pay for the purposes of attending Union conventions or meetings, schedule permitting, as not to effect operations. Upon request additional days may be granted with the approval of the Program Manager. Such requests will not unreasonably be denied.

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ARTICLE 02.00 – GRIEVANCES AND ARBITRATION

Section 1 – Definition of Grievance

For purposes of this Agreement, a grievance is defined as a dispute between the Company and the Union or between the Company and any non-probationary bargaining unit employee covered hereby, with respect to the alleged violation of a specific provision of this Agreement. Grievances as herein defined shall be processed in accordance with the following procedure:

Section 2 – Grievance Procedure

STEP 1. Both parties encourage the verbal resolution of disputes as quickly as possible. An aggrieved employee, with his steward, shall discuss the dispute with the immediate Supervisor or, in his absence, with the Program Manager. Grievance initiation or process shall be allowed within two (2) working days of the employee’s request and the employee shall be allowed to participate throughout the grievance process as defined by this Article. If the grievance has not been satisfactorily resolved within three (3) working days following its presentation to the immediate Supervisor, go to Step 2.

If there are multiple grievances filed over the same incident the Union at its discretion may consolidate them into a single grievance.

STEP 2. The grievance shall be submitted in writing on a form mutually agreed to by the Company and the Union, The following information will be included on the form; name(s) of the employee(s) involved, approximate date of alleged grievance, date of first discussion of the grievance with the immediate Supervisor, nature of the grievance, current date, article/section of Agreement violated, requested remedy. If filed by the Union or a bargaining unit employee, a grievance may be submitted to the Program Manager or Labor Relations Manager, within seven (7) working days following the occurrence, or the constructive knowledge thereof, which caused the grievance. However, no grievance may be submitted later than thirty (30) days after its occurrence. The Program Manager shall give his written answer to the grievance within seven (7) working days after its submission to him in Step 2. If filed by the Company, a grievance may be submitted to the Directing Business Representative of the Union by mailing the grievance by certified mail within seven

(7) working days following the occurrence, or the constructive knowledge thereof, which caused the grievance. However, no grievance may be submitted later than thirty (30) days after its occurrence. The Union Directing Business Representative shall give his written answer to the grievance within seven (7) working days after its submission to him in Step 2. Either side may request a meeting to discuss the details of the grievance and attempt to reach a resolution prior to the issuance of the written answer. The Directing Business Representative or Grand Lodge Representative may attend this meeting. In the event there is no satisfactory settlement of the grievance at this Step, then Step 3 may be invoked.

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The parties understand and agree that the time limits set forth in the various steps of the grievance procedure are essential to the prompt resolution of the grievances.

Accordingly, if such time limits are not abided by in filing a written grievance in Step 2 or in requesting arbitration in Step 3, except in those instances where the parties mutually agree in writing to extend such time limits, the grievance shall be waived.

In cases involving suspension or discharge, Step 1 will be waived and the matter taken up with the Program Manager within seven (7) working days following such action by the Company. A final decision made with respect to any grievance in the first or second step of the grievance procedure shall apply to that grievance only and shall not become a binding precedent in the case of other grievances, nor a precedent which shall bind the parties in interpretation of this Agreement. All settlements of grievances in step 1 or step 2 must be consistent with the terms and conditions of this Agreement.

STEP 3. Arbitration: Any grievance which has not been settled pursuant to Steps 1 and 2 of the Grievance Procedure, and which involves the interpretation or application of this Agreement, may be referred to arbitration. Unless the party seeking to have the grievance referred to arbitration has delivered to the other written notice to that effect within ten (10) working days after the Company has rendered its Step 2 decision, such grievance shall be deemed to be waived. Unless the party giving such notice of referral to arbitration initiates the arbitration process of such grievance within a period of twenty (20) working days from the date of giving such written notice, such party shall be deemed to have waived its position on such grievance. The time limits may be extended by mutual agreement. Written confirmation may be requested by either party.

Either party shall request the Federal Mediation and Conciliation Service to submit a list of seven (7) persons from which the arbitrator shall be chosen. The Union and the Company shall alternately strike one name from such list (the parties shall determine the order of first strike by a coin toss) until only one name remains and that person shall be the arbitrator.

The arbitrator shall have only the authority to interpret and apply the provisions of this written Agreement. The arbitrator has no power to add to, detract from, or change in any way the provisions of this Agreement, or to establish new terms and conditions of this Agreement. Neither party has the right to request arbitration on any subject matter not specifically covered in this written Agreement.

The decision of the arbitrator shall be final and binding on the Company, the Union, and the employee.

Regardless of the outcome of any matter submitted to arbitration, the cost thereof shall be borne equally by the Company and the Union. Such cost shall be limited to the arbitrator’s fee and expenses. The cost of any additional services required by either party shall be borne by the party requesting these additional services.

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Section 3 – Basis of Seniority and Establishment of Seniority Rights

(A) Probationary Period:

All employees shall be considered probationary employees for the first ninety (90) calendar days of active employment. Throughout this period, supervision will evaluate the probationary employee as to such factors as, but not limited to, work habits, willingness to accept varied work assignments and training, safety, productivity, quality of work, attendance, and ability to work with others. Upon completion of his/her probationary period, the employee will be a regular employee whose seniority will be retroactive to his/her first day of employment. Supervisory determinations as to retention, reassignment, discipline, layoff, or termination of probationary employees anytime during the ninety (90) day probationary period are at the sole discretion of the Company, and such action shall not be not subject to the Grievance and Arbitration Articles of this Agreement.

(B) Types of Seniority:

For purpose of this Article, there are two (2) types of seniority, which are defined as follows:

1) Site seniority is defined as continuous unbroken accumulated time each employee has spent under the services of the Company and predecessor private contractor(s) in the performance of similar work on the same basis on the Base Operations Support Services contract.

2) When two (2) or more employees have the same site seniority date the employee with the lowest last four digits of the social security number will be deemed to be the most senior.

3) Super-seniority represents a seniority class held by the Union Stewards and Chief Steward.

(C) Re-entering the Bargaining Unit:

If an employee is on leave of absence for the performance of Union duties in an elected or appointed position he will continue to accrue site seniority while outside the bargaining unit.

(D) During periods of reductions in force employees designated as having super-seniority shall be considered the most senior employee in their assigned job classification, work center and technical specialty for purposes of applying the pertinent provisions of this Agreement.

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(E) On the date a new Steward assumes office replacing the Steward who was maintaining super-seniority, the former Steward’s status will be determined by his/her actual seniority. That is, if there is a more senior employee on recall to the job classification and specialty occupied by the former Steward, the more senior employee will be recalled and the former Steward will be subject to the layoff and displacement provisions of this Agreement.

Section 4 – Layoffs

(A) When it is determined by the Company that a reduction in force is required, the Company shall designate the number of positions to be reduced by job classification within a work center and technical specialty as defined by the Company. The least senior employee within the designated job classification, work center and technical specialty will be designated for layoff.

(B) A less senior employee cannot displace a more senior employee. In the event of a layoff, the employee who is designated to be laid off in accordance with (A) above shall have the right of displacement in the following order:

1) Displace the least senior employee in the same job classification and work center within a technical specialty.

2) If a displacement opportunity as described in (1) above does not exist, the employee may displace the least senior employee in the same job classification in another work center within a technical specialty to which the employee is determined to hold seniority over another employee and meet minimum qualifications.

3) If a displacement opportunity as described in (1) or (2) above does not exist, the employee designated for layoff may displace the least senior employee in a lower paid job classification within the same work center and technical specialty to which the employee is determined to hold seniority over another employee and meet minimum qualifications.

4) If a displacement opportunity as described in (3) above does not exist, the employee designated for layoff may displace the least senior employee in a lower paid classification within a technical specialty to which the employee is determined to hold seniority over another employee and meet minimum qualifications.

5) Employees who are displaced may in turn displace the least senior employee in accordance with (1), (2), (3) and (4) above.

6) No employee shall have the right to displace any other employees in a higher rated job classification than his/her own.

19 Sheppard AFB, Wichita Falls, Texas

(C) Where an employee designated for layoff is entitled to displace into more than one specialty in accordance with paragraph (B) above, the affected employee shall displace in the specialty occupied by the least senior employee.

(D) Displacement rights must be exercised within five (5) working days after an employee is notified that a layoff will take place. The Company shall notify the employee of his/her displacement rights at the time of notification of layoff. Failure to indicate his/her election to exercise this displacement right within this time frame will be considered as acceptance of layoff.

(E) Exceptions to the seniority provisions specified in Section 4 (B) of this Article can be made for up to thirty (30) days in order to retain employees who possess certifications required by the U.S. Air Force to perform a specific task or job to which they are assigned.

(F) The Company will give employees affected by (A) or (B) above, at least thirty (30) days notice of a reduction in force, except where circumstances beyond the Company’s control prevent such timely notification.

Section 5 – Recalls

(A) General

An employee who is laid off or who displaces an employee in a lower paid job classification in accordance with Section (4) of this Article, shall retain recall rights in accordance with their site seniority as follows:

1) To the same job classification within the same work center and technical specialty held at the time of their layoff/displacement and,

2) To job classification within a technical specialty to which the employee had displacement rights in accordance with Section (4) of this Article but could not exercise solely because of insufficient seniority.

Employees who have been laid off shall retain the recall rights mentioned herein for a period not to exceed twenty four (24) consecutive months from the date of layoff. Employees demoted to a lower paid position due to a reduction in force shall retain the recall rights mentioned herein as long as they remain on the active payroll in a lower paid position.

(B) Employees who are laid off from the service of the Company due to a general layoff for a period not to exceed twenty four (24) consecutive months shall retain and continue to accrue seniority for the provisions of this article, but not for the purposes of benefit accrual.

20 Sheppard AFB, Wichita Falls, Texas

(C) Recall Notification

In recall from layoff, the Company shall mail a registered or certified (return receipt requested) notice of recall to the appropriate employee.

Recalled employees must respond within seventy-two (72) hours after receipt of notification, and must report for work within ten (10) work days unless extended by the Company.

(D) Address on File

All notices required under the provisions of this Article shall be sent to the employee at the last address filed by the employee with the Company.

(E) Address Requirement

Each laid off employee shall keep the Company informed in writing of the employee’s current mailing address. Notice by the Company to the employee’s mailing address listed with the Company shall be considered as fulfilling the recall notice requirements. An employee failing to comply with the provisions of this section shall be considered as having voluntarily resigned from the service of the Company.

(F) Layoff - Recall Listings

A copy of layoff listings and recall notifications will be provided to the Union Business Representative or his designee prior to their execution.

Section 6 – Employees Entering Armed Forces

Employees who enter the Armed Forces of the United States shall be granted a leave of absence for the period of such service, and upon honorable discharge there from shall have reinstatement rights under Article IV, Employee Privileges, Section 5 – Leaves Without Pay, Paragraph (D) of this Agreement.

Section 7 – Loss of Seniority

Seniority shall be lost and employees shall have their names stricken from the seniority list under any of the following circumstances:

1) Discharge for just cause

2) Resignation

3) Failure to respond to recall notification within seventy-two (72) hours.

4) Failure to be recalled from general layoff within twenty four (24) months after such layoff.

21 Sheppard AFB, Wichita Falls, Texas

5) Failure to report to work upon expiration of an approved leave of absence. Exceptions may be made due to extreme circumstances beyond the employee’s control.

6) Accepting other employment while on an approved leave of absence.

7) Unexcused absence from work for a period of three (3) consecutive workdays.

8) Refusal to take a Company paid Urinalysis Drug Test directed by management, as required by company policy.

9) Failure to return to active payroll for a continuous period of twenty four

(24) months due to an occupational or non-occupational physical or mental impairment.

Section 8 – Promotions

A promotion means the advancement of an employee from one job classification to another job classification with a higher rate of pay, and will be based on seniority and minimum qualifications.

A There are three (3) types of promotions:

1. Promotions to another job classification outside an employee’s current classification.

2. In Line promotion within employees current job classification.

3. Temporary promotions.

An employee within a work center assigned to a classification in a higher labor grade to replace another employee absent on vacation or for a temporary period shall be paid the same rate of pay as that held by the absent employee. Such temporary assignment shall not be considered a promotion within the meaning of this Article II, Section 8 above, and upon reassignment of such employee to his previously held classification at the end of the temporary period he shall not be considered a downgraded employee within the meaning of Article II, Section 4 of this agreement.

An employee assigned to replace a Lead who is absent on vacation or for a temporary period will be selected and paid in accordance with Article II, Section 9(e). Upon return of the absent Lead, the replacing employee will be returned to his original status.

22 Sheppard AFB, Wichita Falls, Texas

Section 9 – Job Vacancies

The Union clearly recognizes the Company’s right to determine manning levels within its work centers. The Company maintains the right to assign personnel within work centers and to determine when there is a job vacancy. When the Company determines that a job vacancy exists, the Company will post the vacancy prior to hiring from outside the bargaining unit or before permanently assigning an employee to fill the vacancy from outside the work center where the opening exists.

The Company will post all job vacancies within the bargaining unit provided no employee has recall rights to the open position. The job vacancy will be posted for five (5) working days. The posting notice shall state the job classification, work center, technical specialty, the pay rate, experience or certification required, qualifications, the closing hour and date of the posting. The posting notice will be posted on all work center bulletin boards and a copy to the Union Business Representative or his designee prior to the posting. Employees may bid for the posted vacancy in accord with current company practice prior to the close of the posting period.

(A) Within five (5) working days after the close of the posting period, the Company shall determine which of the bidders are qualified to perform in the posted position. The Company shall select the most senior bidder with minimum qualifications.

The successful bidder shall be assigned to his/her new job within ten (10) working days after the job has been awarded. A successful bidder cannot bid for another posted vacancy for twelve (12) months after the date the new position is awarded to him/her unless the posted vacancy is a higher paying position than he/she currently occupies.

If there are no qualified bidders, the Company has the right to fill job vacancies by new hires or rehires. If the job vacancy is not filled within sixty (60) days after the posting is closed, the vacancy will be re-posted in accordance with first paragraph above, provided the employee originally deemed not qualified can demonstrate additional training or experience since initial application or there are new candidates for consideration.

(B) The Company has the right to add, delete, consolidate, or reorganize work centers. The Company agrees it will provide the Union Business Representative or his designee a list of work centers and notification of changes prior to the implementation of the change.

The Union clearly recognizes the Company’s right to periodically reallocate personnel across work centers. Employees affected by such reallocations and considered qualified by the Company to be reassigned to another work center will be considered for reassignment in seniority order with the most senior being offered first right of refusal. If all employees refuse, the least senior will be reallocated. The periodic reallocation of personnel in this manner will be accomplished without the

23 Sheppard AFB, Wichita Falls, Texas application of the job posting procedure; however the Union Business Representative or his designee will be notified prior to the reallocation.

(C) New Job Performance:

When an employee is awarded a posted job, and fails to satisfactorily perform the duties of the position within ninety (90) days after assuming the position, the employee will be returned to the position last held prior to award of such promotion. If the position has been eliminated or filled, the employee may exercise displacement rights. The employee will not be permitted to bid on a job vacancy for a period of twelve (12) months from the date of return to the last position held.

(D) Temporary Workers:

The Company may employ temporary workers. Temporary employees will not be used to displace full time employees or positions. The Company may employ temporary workers for periods up to 90 calendar days and such periods may be extended by additional periods of up to 90 calendar days by mutual agreement with the union. Temporary employees shall be eligible for all wages granted to regular employees afforded under this Agreement. Temporary workers will not accrue any seniority time for the duration they are employed in a temporary position. Temporary employees will not receive Health and Welfare benefits or paid time off.

(E) Leads:

The term “Lead” does not designate a job classification but identifies an employee who has additional assigned duties to assist supervisors/managers, assign tasks, coordinate schedules and oversee work performed by other bargaining unit employees within each work center. The “Lead” coordinates operational requirements with operation work centers.

The “Lead” will be appointed by the Company and will receive $2.00 above the hourly base rate for all hours worked.

ARTICLE 03.00 – EMPLOYMENT CONDITIONS

Section 1 – Drug…