Attach 3 - CBA and Job Descriptions _1 OCT 2020.pdf

AGREEMENT

Between

ASRC Communications, LTD. (ASRCC) and

INTERNATIONAL ASSOCIATION OF MACHINISTS

and AEROSPACE WORKERS, AFL-CIO

DISTRICT LODGE 171 and its LOCAL LODGE 898

Volume I

October 01, 2020 to June 30, 2023

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 BULLETIN BOARDS

ARTICLE 18 GROUP INSURANCE

ARTICLE 19 GENERAL

ARTICLE 20 UNION REPRESENTATION

ARTICLE 21 WAGES

ARTICLE 22 PENSION PLAN & SAVINGS AND INVESTMENT PLAN

ARTICLE 23 SUCCESSORSHIP

ARTICLE 24 SUB-CONTRACTING

ARTICLE 25 DURATION

APPENDIX A COMPANY RULES

APPENDIX B ASRC EMPLOYEE BENEFITS

APPENDIX C MNPL CHECK-OFF

APPENDIX D MACHINISTS WORKSITE BENEFITS PROGRAM

APPENDIX E SUBSTANCE ABUSE POLICY

AGREEMENT

THIS AGREEMENT entered into at Vance Air Force Base near Enid, Oklahoma, effective

October 1, 2020 by and between ASRC Communications, LTD (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 October 1, 2020 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, firefighters, 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, 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, any additional time needed to retain a “temporary employee” must be by request of the company and by mutual agreement between the union and the company not to exceed 30 days per request.

1.3 The term "part-time employees" as used in this Agreement means employees who are regularly scheduled to work less than 32 hours per week. If a "part-time employee" averages

32 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.

1.5 Lifeguards are full-time seasonal employees.

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.

2.8 It is agreed by both the Company and the Union that they remain obligated to bargain collectively as to changes in mandatory subjects of bargaining not covered by or referred to in this agreement.

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 ninety (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 shall within ten (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 forty-eight (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, provided they met the position requirements at the time of layoff. 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 retain all recall rights under paragraph 4.5 and 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 retain rights for a period of two (2) years. If an employee returns to his/her previous job classification within two (2) years, 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.

4.8 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 (5) workdays 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 (3) consecutive working days without contacting the Company by close of business on the third day of absence and 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 (24 months).

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 forty (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 twenty-four (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/she 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 ten (10) workdays 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 six (6) months experience or six (6) months of documented experience.

(b) Before an employee is eligible to bid for a new job classification, he/she must meet the requirements established for that classification as indicated below in Appendix D, Job Descriptions:

(c) Lead positions in Labor Grade 10 or above require four (4) years of documented related experience or four (4) years of satisfactory performance in the line of progression.

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 (6) 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 (10) working days after the job is awarded unless production considerations require a longer delay and so long as it is the same Company.

4.16 The successful bidder may be returned to their former job classification, shift and section, if within twenty (20) 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 after the date the new job is awarded to him/her unless the posted vacancy would provide the employee a higher labor grade. 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 workday 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 sixty (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 workday 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 ten (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 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 will become 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 workday for each shift shall consist of eight (8) 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 forty (40) hours, and of five (5) consecutive days, Monday, Tuesday, Wednesday, Thursday, and Friday, in which the sixth (6th) day is Saturday and the seventh (7th) 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 forty (40) hours and of five (5) 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 ($0.40) 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 to include premium pay (all licensing/certifications, shift differential, and odd work week pay/ exclusive of Fire Personnel or ECC Operators) as follows:

(a) For all authorized hours worked or in pay status in excess of forty (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 (8) hours in any calendar day

(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 fifty (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 (2) 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 fifty(50) hours at the end of a work week (midnight Sunday) and the excess beyond fifty (50) hours does not result from overtime assignments which are permitted by this paragraph or from overtime worked off base, any employee below the fifty (50) hour spread will be paid and charged for his/her number of hours below the spread. On October 1st 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 twenty-four (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 (11) 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 preceding 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 (8) hours at his/her regular rate of pay; four (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 workday immediately preceding such holiday and must have worked or been paid for at least four hours of their scheduled shift on their first scheduled workday 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 five (5) 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 The Company. An agenda of grievances must be submitted by the Union to the appropriate Company’s representative or his/her designee forty-eight (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) workdays after the decision in

Step I and within five (5) workdays 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 thirty (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 Stewards will be allowed to spend such time as may be necessary or reasonable in handling grievances as provided in Step I and Step II of paragraphs 8.2 and 8.3 of this article without deduction of pay, provided that no part of such time shall be spent in soliciting grievances. The Grievance Committee will be allowed to spend such time as may be necessary or reasonable in attending meetings with management, as provided in Step III of paragraph 8.4 of this article without deduction of pay, provided that no part of such time shall be spent in soliciting grievances.

8.14 An employee having a grievance shall be given a reasonable time to take the grievance up with the proper Union representative during working hours without loss of pay to the employee, but he/she shall first obtain permission of their immediate supervisor.

8.15 Each of the parties hereto agrees to cooperate with the other to reduce to a minimum the time spent by Union representatives in handling, presenting, and adjusting grievances.

8.16 In computing time limits under this article, except as otherwise provided, unscheduled workdays and holidays shall not be counted.

8.17 When the Company becomes aware, or should have reasonably known, that a rule violation may have occurred, the employee will be notified, and a Due Process Meeting must occur within five (5) working days. The Company has ten (10) working days from the date of the

Due Process Meeting to complete the investigation and issue disciplinary action. All timelines can be extended when mutual agreed upon by the Union and the Company. Should the Company find it necessary to discharge an employee for cause, it shall give notice to the Union within twenty-four (24) hours after the discharge becomes effective. A grievance arising out of discharge or disciplinary suspension, which is felt to have been made without cause, must be filed with the appropriate Company’s representative as shown in paragraph 8.4 or his/her designee, of the Company, within ten (10) workdays after such discharge or suspension. The appropriate Company’s representative or his/her designee shall render a written decision within five workdays after the grievance hearing at Step III (paragraph 8.4).

ARTICLE 9

ARBITRATION

9.1 Insofar as a grievance shall involve the interpretation or application of the provisions of this agreement and has not been disposed of satisfactorily in accordance with Step III of the grievance procedure as set forth in Article 8, it may be submitted to an impartial arbitrator in accordance with the provisions of this article. The parties agree to cooperate in the process of selecting an arbitrator, and scheduling an arbitration, recognizing that it is in the best interest of the parties, and the members of the bargaining unit to have pending disputes resolved in an expeditious manner.

9.2 The Union shall within thirty (30) calendar days of the decision in Step III of said grievance procedure give written notice of such intention to the Company. The Union shall also request the Federal Mediation and Conciliation Service to furnish a list of seven (7) impartial arbitrators. Upon receipt of and from such list, the parties will attempt to mutually select an arbitrator acceptable to both parties. If an arbitrator from such list is not mutually selected within five (5) workdays after receipt of such list, the Company and the Union will choose the arbitrator by alternately striking one name from such list until only one name remains, and that person shall be the arbitrator. The right to strike the first name shall be determined by lot. No later than ten (10) business days after receiving available dates from the arbitrator the parties must agree on a date for arbitration giving preference to the earliest dates provided by the arbitrator.

9.3 The arbitrator shall consider only those issues, including any amendments that were made pursuant to paragraph 8.8, which have been properly carried through all steps of the grievance procedure. The arbitrator shall afford to the Company, the Union and the employee or employees involved, a reasonable opportunity to present the evidence, witnesses, and arguments. Persons testifying may be sworn at the request of either party. The jurisdiction of the arbitrator and his/her decision shall be confined to a determination of the facts and the interpretation or application of the specific provisions of this agreement at issue. The arbitrator shall be bound by the terms and provisions of this agreement and shall have authority to consider only grievances presenting solely an arbitral issue under this agreement. The decision of the arbitrator shall be rendered as soon as practicable after the hearing with the intent to meet FMCS guidelines for timeliness. The arbitrator's decision shall be final and binding on the Company, the Union, and the employee or employees involved, subject to the limitations specified in this agreement.

9.4 The compensation of such arbitrator for their services and expenses in connection with the case or cases submitted to them shall be shared equally between the Company and the

Union.

9.5 The Company and the Union may mutually agree to submit any other question that herein is expressly provided to the arbitrator for determination.

ARTICLE 10

STRIKES, LOCKOUTS AND WORK STOPPAGES

10.1 The Union, its officers…