Atch_4_-_WD_UAW_CBA_2016-9586.pdf

REGISTER OF WAGE DETERMINATION UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT |EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary | WAGE AND HOUR DIVISION of Labor | WASHINGTON D.C. 20210 | Wage Determination No.: CBA-2016-9586 Diane Koplewski Division of | Revision No.: 1 Director Wage Determinations| Date Of Last Revision: 12/30/2016 State: Texas

Area: Wichita

Employed on 82 CONS/LGCA contract for Logistics Services.

Collective Bargaining Agreement between contractor: T Square Logistics Services Corporation, and union: United Automobile, Aerospace and Agricultural Implement Workers Local 286, effective 10/1/2015 through 9/30/2018.

In accordance with Section 2(a) and 4(c) of the Service Contract Act, as amended, employees employed by the contractor(s) in performing services covered by the Collective Bargaining Agreement(s) are to be paid wage rates and fringe benefits set forth in the current collective bargaining agreement and modified extension agreement(s).

Page 1 of 1CBA WD

12/30/2016https://www.wdol.gov/DisplayT4CWD.aspx?WDNo=CBA-2016-9586

AGREEMENT

BETWEEN

INTERNATIONAL UNION, UNITED AUTOMOBILE,

AEROSPACE AND AGRIDULTURAL IMPLEMENT WORKERS

OF AMERICA, UAW LOCAL 286

AND

T SQUARE LOGISTICS SERVICE CORPORATION.

VEHICLE OPERATIONS AND MAINTENANCE CONTRACT

SHEPPARD AIR FORCE BASE

Effective Dates:

1 October 2015 through September 30 2018

TABLET OF CONTENTS

TITLE PAGE

AGREEMENT 5

PURPOSE AND SCOPE 5

ARTICLE 1 – BARGAINING UNIT AND WORK COVERED

Section 1.1 6 Section 1.2 6

ARTICLE 2 - RECOGNITION OF RIGHTS

Section 2.1 6 Section 2.2 7 Section 2.3 7 Section 2.4 7

ARTICLE 3 – BASE WORK WEEK AND HOURS OF OPERATIONS

Section 3.1 7 Section 3.2 8 Section 3.3 8 Section 3.4 8 Section 3.5 8 Section 3.6 8 Section 3.7 8

ARTICLE 4 – GENERAL PAY PROVISIONS

Section 4.1 9 Section 4.2 9 Section 4.3 9

ARTICLE 5 – HOLIDAY AND PAYMENT

Section 5.1 9

ARTICLE 6 – VACATION

Section 6.1 10 Section 6.2 10

ARTICLE 7 – LEAVES OF ABSENCE

Section 7.1 11 Section 7.2 12 Section 7.3 12

Section 7.4 12 Section 7.5 12

Section 7.6 12 Section 7.7 13 Section 7.8 13 Section 7.9 13 Section 7.10 13 Section 7.11 13 Section 7.12 13

ARTICLE 8 – CONTINUOUS SERVICE CREDIT

Section 8.1 14 Section 8.2 14 Section 8.3 14

ARTICLE 9 – SENIORITY

Section 9.1 15 Section 9.2 15 Section 9.3 15 Section 9.4 15 Section 9.5 16 Section 9.6 16 Section 9.7 16 Section 9.8 16

ARTICLE 10 – SAFETY, HEALTH AND INSURANCE

Section 10.1 17 Section 10.2 17 Section 10.3 17 Section 10.4 17 Section 10.5 17 Section 10.6 17

ARTICLE 11 – GOVERNMENT SECURITY

Section 11.1 18 Section 11.2 18

ARTICLE 12 – DISCIPLINE AND DISCHARGE

Section 12.1 19 Section 12.2 20 Section 12.3 20 Section 12.4 21

ARTICLE 13 – GRIEVANCE PROCEDURE

Section 13.1 21 Section 13.2 22

ARTICLE 14 – ARBITRATION

Section 14.1 22 Section 14.2 22 Section 14.3 22 Section 14.4 22 Section 14.5 23 Section 14.6 23 Section 14.7 23

ARTICLE 15 – UNION REPRESENTATION

Section 15.1 23 Section 15.2 23 Section 15.3 23 Section 15.4 24 Section 15.5 24

ARTICLE 16 – GENERAL PROVISIONS

Section 16.1 24 Section 16.2 24 Section 16.3 24 Section 16.4 25

ARTICLE 17 –TERM, NOTICE OR CHANGE, OR TERMINATION

Section 17.1 25 Section 17.2 25

ARTICLE 18 – EMPLOYEES COVERED

Section 18.1 25 Section 18.2 25 Section 18.3 26 Section 18.4 26 Section 18.5 26

ATTACHMENT “A” HOURLY WAGES 27

Health and Welfare Benefits 28 Pension Benefits 29 Attachment B 30

AGREEMENT

Agreement entered into, by and between T Square LSC., hereinafter called the “Company” and Local Union No. 286, hereinafter collectively referred to as “the Union” all referenced herein to gender shall be construed as being equally applicable without any reservation to both males and females.

PURPOSE AND SCOPE

It is the intent and purpose of the parties to set forth herein the basic agreement covering wages, hours of work and conditions of employment to be observed by the parties hereto and to provide procedures for prompt, equitable adjustments of alleged grievances to the end there shall be no work stoppage, strikes, or lockouts during the life of this agreement.

ARTICLE 1

BARGAINING UNIT AND WORK COVERED

1.1 Exclusive Representation.

The Company recognizes the Union as the sole and exclusive bargaining agent and representative of all employees indentified in the occupational classification set forth in Attachment “A” and employed by the Company under its Vehicle Operations and Maintenance Service Contract with the U.S. Air Force located at Sheppard Air Force Base, Texas, but excluding confidential secretaries, supervisors, and management personnel as defined in the National Labor Relations Act. The Company will not bargain individually with any bargaining unit member regarding wages, hours, and working conditions.

1.2 Scope.

This agreement shall cover all of the work of the occupational classifications set forth in Attachment “A” to this agreement and employed by the Company under its Vehicle Operations and Maintenance Service Contract with the U.S. Air Force located at Sheppard Air Force Base, Texas.

ARTICLE 2

RECOGNITION OF RIGHTS

2.1 No Strike.

During the term of this agreement the Union shall not authorize, cause, engage in, sanction or assist in any slowdown, work stoppage, strike, sit down, or picketing against the Company.

(A) In the event any employee or employees shall call, cause, engage in, sanction, or assist in any unauthorized slowdown, work stoppage, strike, sit-down, or picketing against the Company, the Union and its officers and representatives agree to the following:

(1) The Company may take disciplinary action for cause, including discharge which it deems appropriate against such employee or employees and the degree of such disciplinary action shall not be reviewable through the grievance procedure. Whether or not an employee participated shall reviewable.

(2) Each of them, jointly and severally, will immediately disavow and refuse to recognize any picket line or lines established as a result of said unauthorized slowdown, work stoppage, strike, or sit-down against the Company, each of them jointly and severally, will instruct employees not to respect or recognize any said picket line or lines;

and, in addition, will do everything within their respective powers to secure the immediate disestablishments or disbanding of any said picket line or lines; and

(3) Each of them, jointly and severally, shall immediately take or cause to be taken all affirmative actions to demand, cause and require each and every employee to perform the terms and conditions of this agreement.

(B) In the event any employee shall call, engage in, sanction, or assist in any unauthorized slowdown, work stoppage, strike, sit-down, or picketing against the Company, the Company agrees it will not file or process any action for damages arising out of said slowdown, work stoppages, strike, sit-down, or picketing against the Union, its officers, or representatives provided these individuals have performed their obligations and responsibilities as set forth in this section.

(C) Nothing in this section shall preclude any right to which the Company may be entitled to secure legal or other redress of any individual who has caused damage or injury to or loss of Company property, nor does the Company cede any rights in this regard to which it may be entitled.

2.2 No Lockout.

During the term of this agreement the Company shall not cause, permit, or engage in any lockout of its employees.

2.3 Rights and Functions of Management.

Managements rights include with limitation, the following: to direct, control, and schedule its operations and work force, to make all decisions affecting the business: to hire, terminate, promote, layoff, assign, classify, evaluate. transfer, suspend, discharge, and discipline employees for cause; to select the number assigned to any particular work; to determine the starting and quitting times and the number of hours per day and the shift to be worked; to establish, modify, and enforce reasonable rules and regulations not in direct conflict with the express provisions of the agreement; to select and hire employees; to introduce new, improved, or different methods of operations which may cause a reduction in the work force; to establish, change, or combine job classifications; to determine job qualifications.

2.4 Supervisors.

Supervisors and management personnel will be able to assist employees in trouble shooting, technical advice, and training when an emergency situation warrants or when a shift is crippled by employee absenteeism, a supervisor or manager can fill a position until sufficient employees can be called in from off work and arrive at the job prepared to perform the work involved. With the exceptions stated herein, supervisors will not perform bargaining unit work.

ARTICLE 3

BASE WORK WEEK AND HOURS OF OPERATIONS

3.1 Definitions.

(A) Normal work week. The normal work week for a full-time employee shall consist of five consecutive work days.

(B) Scheduled days off. Scheduled days off for each full-time employee shall be two consecutive scheduled days off each week.

(C) Statutory work week. The statutory work week for all employees shall begin at 00:01 A.M.

Sunday and end at 00:01 A.M. the following Sunday (i.e., 7 consecutive calendar days Sunday through Saturday inclusive).

(D) Shifts.

(1) Shifts will be established by the Company to best accomplish the task and frequency schedules. The regular shift of a full-time employee shall be scheduled in advance and shall consist of 8 consecutive hours worked during the work day, exclusive of any scheduled meal period of not less than one-half hour or more than one hour each.

(2) The term “night shift” shall mean any shift starting at or after 4:00 P.M. and before 4:00 A.M. The time when an employee actually commences work will determine whether or not he or she has worked night shift for the purpose of shift differential pay only.

(E) Full-time employees are employees who work 40 or more hours in a statutory work week on a consistent basis, except full-time employee who is presently regularly assigned to work 32 hours in a statutory work week will continue to be regularly assigned for 32 hour work week unless changed by the Company to a regular work schedule of 40 hours per week after advance notice to such employee of not less than one week.

(F) Part-time employees who normally work less than 40 hours within a statutory week and are not regularly assigned any specific work scheduled or work shift. Such part-time employees are assigned any specific number of hours in a work week.

3.2 Change of Shifts.

The Company shall give a notice of at least 7 days of any change in regular shifts to the Union and the employees affected. Notice of shift change does not apply when the Company is involved in contingency, emergency surge operations, or military directed exercises.

3.3 Overtime Rates.

Employees will be paid time and one-half for hours worked in excess of 8 within a work day for hours worked in excess of 40 within a statutory work week without duplication of daily and weekly overtime.

3.4 Night Shift Premium.

A shift differential of 5% per hour shall be paid for all time worked on the second shift. An employee shall not receive the night shift differential for hours worked before or after his regular shift if and overtime rate is received solely because such hours are before or after his regular shift.

3.5 Show Up Call In Pay.

An employee:

(a) reporting for work in the absence of notice not to report

(b) called in to work on a holiday or one of his/her scheduled days off, or recalled after completing a day’s assignment and who has checked out and left his place of employment shall receive no less than the equivalent of two hours pay at the applicable rate, provided any amount paid for hours actually worked shall be credited against such minimum guarantee.

3.6 Distribution of Overtime.

Consistent with efficient operations, overtime shall be distributed equally among employees in each occupation.

3.7 Emergency Discontinuance of Operations.

In the event of any emergency (e.g., severe weather conditions) requiring the discontinuance of the Company’s operations employees will be released from work and/or will be excused from their obligations to report for work in accordance with any directive issued by the Federal Contracting Officer. The Company shall not be required to pay wages unearned by employees as result of such discontinuance of operations. In the event of snow and/or ice storms or other emergency conditions requiring discontinuance of work the Company will contact radio and television for notification of employees not to report to work. An employee may use earned/unused leave for those days notified not to work.

ARTICLE 4

GENERAL PAY PROVISIONS

4.1 Work of a Higher or Lower Classification.

Employees may be assigned work of a higher classification and in such instances will be paid the higher rate of pay for the actual time worked in the higher classification. Employees will notify supervisors of job requirements requiring higher pay.

4.2. Hourly Rates for New or Revised Occupational Classification.

In the event the Company desires to establish new or revised occupational classifications they will have 10 working days to do so. The hourly rates applicable shall be determined by negotiations between the Company and the Union. Operations shall not be delayed through failure to immediately agree upon salary rates applicable to any such occupational classification.

In the event of failure to agree on such new job classifications the matter shall be deemed in dispute and shall be subject to the grievance and arbitration procedures as provided in this agreement. Rates finally established higher than the Company proposed rate will be paid retroactive to the date of the start of the Occupational Classification.

4.3 Hourly Rates.

The base straight-time hourly rates for employees covered by this agreement shall be effective as set forth in Attachment “A” attached hereto and made a part hereof.

ARTICLE 5

HOLIDAY AND PAYMENT

5.1 Holiday Payment.

(A) All employees covered by this agreement shall receive holiday pay for each of the following designated holidays. Irrespective of the day of the week on which the holiday may fall. Holiday pay shall be equal to the employee’s base pay for one day as per his/regular scheduled shift. The Company may substitute for any named holiday another day off with pay in accordance with a plan mutually agreed upon by the Company, employee, and Union.

1. New Years Day

2. Presidents Day

3. Martin Luther King’s Birthday

4. Memorial Day

5. Independence Day

6. Labor Day

7. Columbus Day

8. Veterans Day

9. Thanksgiving Day

10. Christmas Day

11. Birthday Holiday (Four hours only Birthday Holiday for part time employees)

(B) When a holiday falls within any employee’s vacation period such day shall be treated as a holiday rather than a vacation day.

(C) Any holiday which falls on a Saturday or Sunday shall be celebrated on the day designated by Sheppard Air Force Base, Texas for the observance of such holiday.

(D) To be eligible for the holiday pay, an employee must work his/her scheduled work shift immediately before or immediately after the celebrated holiday, except in cases where absence is due to personal illness, death in the immediate family or other reason acceptable to the company.

If requested by the Company proof of reason for absence will be required. Full-time employees who are required to work on any one of the designated holidays shall be paid time and one-half plus regular holiday pay.

(E) A part time employee will receive holiday pay according to the following formula: hours actually worked during the week prior to the week in which the holiday falls divided by five (5) and multiplied by his/her regular base hourly rate of pay.

(F) When the Government declares a “Family Day” the Contract Manager (CM) will evaluate the contract requirements and will establish a work schedule utilizing minimum number of employees who work will be given priority for being off with pay on the next declared Family Day. Declared down days will be considered as “Family Days” for full time employees. No “Family Days” for part time employees.

ARTICLE 6

VACATION

6.1 Policy.

The Company will grant annual vacations to all eligible employees as herein provided.

6.2 Eligibility and Payment.

(A) Full time employees on the payroll of their vacation eligibility date which shall be the anniversary date (Anniversary date shall be first date of hire without break) of the employees in the Vehicle Operations and Maintenance Contract at Sheppard Air Force Base, Texas or as set forth in the Service Contract Act.

FROM LESS THAN NUMBER OF DAYS

1 Year 5 Years 10 6 Years* 10 Years 15 11 Years 12 Years 17 13 Years 15 Years 20 16 Years 20 Years 25 Over 21 Years 30 (*) Must have reached your sixth year anniversary to be eligible for 15 days.

(B) Vacation pay shall be paid at employee’s regular base pay rate.

(C) Paid vacation for a part-time employee shall be proportional to full-time employees based on the number of hours worked during the period involved. All other conditions set forth in this section shall apply to part-time employees.

(D) An employee who has met the prerequisites of this section and who leaves the Company’s employment for any reason or who is laid off indefinitely shall receive pay in lieu of unused vacation he/she accumulate vacation from year to year.

(E) The Company retains the right to schedule vacations in such a way as will least interfere with the workload and efficiency of its operations but will attempt to reach a mutually convenient schedule with each employee. Vacation requests may be submitted as early as 60 days in advance. The approval or disapproval of these requests will be determined before forty-five day period. Seniority shall prevail where two or more employees of the same job description have requested the same vacation time. Any request for vacation must be requested and approved a minimum of 10 working days in advance. If the employee’s request is denied such employee shall be expected to reschedule the vacation. The Company recognizes some instances where emergency conditions will prevent the employee from filing his/her request in the required time. Emergency cases will be approved on an individual basis.

(F) Each year employees must take the vacations earned that year as paid time off prior to the end of the year, no hours may be carried over to the next vacation year.

(G) Formula used to calculate vacation.

Number of hours worked divided by 2080 multiplied by 80 hours = hours available 1-5 years of service, maximum 10 days.

Number of hours worked divided by 2080 multiplied by 120 hours = hours available 6-10 years of service, maximum 15 days.

Number of hours worked divided by 2080 multiplied by 136 hours = hours available 11-12 years of service, maximum 17 days.

Number of hours worked divided by 2080 multiplied by 160 hours = hours available 13-15 years of service, maximum 20 days.

Number of hours worked divided by 2080 multiplied by 200 hours = hours available 16-20 years of service, maximum 25 days.

Number of hours worked divided by 2080 multiplied by 240 hours = hours available 21 years of service and over, maximum 30 days.

ARTICLE 7

LEAVES OF ABSENCE

7.1 Application for Leaves of Absence.

Except for military service and emergency conditions no applications for a leave of absences will be considered unless it is applied for in writing and on forms provided by the Company. In the case of an emergency situation application for leave of absences will be furnished to the Company as soon as possible.

7.2 All Leaves of Absences.

All leaves of absence except as otherwise herein provided shall be granted at the discretion of the Company dependent upon the work requirements or schedule commitments of the section in which the employee requesting leave of absences is employed. The Company reserves the right to request from an employee documentary proof of the conditions necessitating the leave of absences. The Company may also, when in its opinion it is necessary arrange for a doctor selected by the Company to interview or examine such employee who has applied for a leave of absences because of illness or disability for the purpose of determining the employee’s condition and the possible duration of such sickness or disability. Misrepresentation of the facts on the basis of which a leave of absences is granted shall constitute grounds for dismissal for cause.

7.3 Extended Military Duty. Employees who enter the Armed Forces of the United States shall be granted a leave of absences for the United States shall be granted a leave of absences for the period of such service and upon honorable discharge there from shall be re-employed by the Company as provided by the Universal Training and Service Act.

7.4 Non-War Military Duty Absence.

An employee with twelve months or more of continuous service credit who is called for and performs non-war military duty shall be granted a leave of absences service credit and duly established seniority privileges will accumulate during such leave.

7.5 Death in the Immediate Family.

In the event of death in the employee’s immediate family an employee shall be paid for a maximum of four days absence during the normal work week if in the immediate vicinity (150 mile radius), and 6 days if the death is out of the immediate vicinity (outside 150 mile radius).

For the purpose of this section, immediate family shall include the employee’s spouse, children, mother, father, sister, brother, sister in law, brother in law, and grandparents and spouse’s mother, father, brother, sister, and grandparents. An extension without pay not to exceed one (1) week may be granted in unusual or emergency circumstances. Employees will not be paid for any days exceeding the above maximum paid days. Part time employees are not eligible for this paid time off.

7.6 Sick/Personal Leave.

(A) All full-time employees from and after 10-1-96, shall accrue paid sick personal leave benefits at the rate of 7 hours per month not to exceed a total of 80 hours within a twelve month period. Such full-time employees will not accrue sick leave benefits while on leave of absence in excess of one continuous week or while on layoff.

(B) Part-time employees will accumulate sick/personal leave based on actual hours worked from and after 10-10-96 or date of hire by T Square LSC whichever is later, not to exceed .034 per hour. All unused sick/personal hours will be paid not to exceed 80 hours at the end of the fiscal year. For hours paid, payment will be given to employee no later than 10/31/of the year earned.

(C) Unused earned sick/personal leave will be paid in the event of employment termination.(D) Sick/Personal leave may be taken in one hour increments.

7.7 Leave of Absence of Union Activities.

Employees elected or appointed to positions with the Union will be granted leaves of absence to attend Union conventions and training activities to the extent such leaves of absence may reasonably be granted consistent with the operational requirements. Requests for such leaves of absence must be made as far in advance as such requests reasonably can be made, and such requests will be granted if this reasonably can be done consistent with operational requirements.

The number of employees to be granted such leaves of absence shall not exceed two at any one time except by mutual agreement between the Company and the Union.

7.8 Return to Work After Extended Medical Leave.

Employees out for more than five consecutive days sick leave shall be required to present a doctor’s statement they are fully recovered and fully capable of performing all duties normally associated with their jobs.

7.9 Jury Duty.

When an employee is summoned for any jury/witness duty they shall be paid the difference between his or her straight-time rate of pay plus any applicable shift differential for those days and the payment received for the day of jury duty, second and third shift employees will not report for work while on jury/witness duty. Continuous service credits and seniority privileges will accumulate during such leaves. Employees must present receipt of payment or a copy of the check from the court system in order to receive payment by the Company. Part time employees are not eligible for this paid time off.

7.10 Vacation eligibility upon return from leave of absences.

An employee on approved leave of absences who has not taken vacation shall be entitle to vacation provided the eligibility requirements set forth in Section 7.2 have been met and continuous service requirements have been met as defined in Article 9.

7.11 Effective Leave of Absences on Employee Benefits.

(A) Time spent on an unpaid leave of absence of over 90 days will not be counted as time employed in determining an employee’s eligibility for benefits accrued on the basis of length of employment.

(B) An employee who is granted a leave of absence for a period of three months or more will, if he/she so desires be paid at the time he/she starts his/her leave any vacation pay due him/her in accordance with Company Vacation Policies.

(C) The effect of leave of absences on employee benefits other than those included above is included in the policies regarding the individual benefits.

7.12 Family Medical Leave.

Family and Medical Leave will be granted in accordance with the Federal Family and Medical Leave Act and the regulations issued there under.

ARTICLE 8

CONTINUOUS SERVICE CREDIT

8.1 Acquisition of Continuous Service Credit.

Each employee shall have continuous service credit with the Company dating from the date of his or her unbroken service as defined by the Service Contract Act.

8.2 Continuity of Service.

The continuous service credit and seniority of an employee will be broken under the following conditions and when so broken such employee shall be for all purposes considered a new employee if and when rehired:

(A) Resignation or other voluntary termination of employment.

(B) Discharge for just cause.

(C) Absences in excess of two consecutive working days without notice either by telephone or written message, by messenger to the immediate supervisor or Project Manager unless satisfactory evidence of inability to report is shown.

(D) Unauthorized absences beyond the time limit of an authorized vacation or approved absences unless satisfactory evidence of inability to report for work is shown.

(E) Failure to report to work after layoff within five working days after the Company gives the employee written notice to return to such work. A copy of such notice shall also be given to the Union by the Company, such notice shall be deemed to have been sufficiently given if sent to the employee by registered or certified mail addressed to the last address furnished to the Employee Relations Department of the Company. In the event mail delivery of such notice exceed three days the Company shall extend the time in which a reply must be received by the number of days in excess of three.

(F) Seniority shall be discontinued for employees on medical leave beyond 90 days except when medical conditions does permit employees to be granted an additional extension when prompted by the medical condition.

(G) Any part-time employee who refuses to make him/herself available for work when requested three times in any three month period without a valid reason will be subject to termination. On second refusal the employee will be formally reprimanded and advised of his/her status.

8.3 Continuous Service Credits.

Each employee shall have continuous service credits with the Company while on excused/approved leave of absences follows:

(A) Military duty as required by Federal Regulations.

(B) Union Leave

(C) Sick Leave

(D) Vacation

(E) Jury Duty/Witness Duty

(F) Approved leave of absence

(G) Non-war military duty

(H) Bereavement

ARTICLE 9

SENIORITY

9.1 Acquisition of Seniority.

Employees of T Square LSC will have seniority dating from their original date of hire at Sheppard Air Force Base Texas provided they have no break in service as defined by the Service Contract Act. Newly hired employees will, after completion of a probationary period of 90 calendar days have seniority dating from the date of hire by T Square LSC.

9.2 Promotions.

Job openings other than temporary upgrades will be posted for bidding for a period of five working days. The job opening will be filled on the basis of seniority and qualifications provided any employee selected must be fully qualified by training and experience to perform all of the duties of the job involved following a brief orientation period.

9.3 Loss or Termination of Seniority.

The seniority of an employee will be terminated under the same conditions which cause a break in continuous service credit or if an employee remains on layoff for lack of work for a period of 9 months.

9.4 Layoff.

When layoffs occur probationary employees shall be laid off first, if further layoffs are necessary such lay-offs shall be made by seniority within the occupational classification affected. The employee with the least seniority in such occupational classification shall be the first to be laid off and the last to be recalled. An employee subject to lay off under the foregoing may exercise bumping rights in the following order.

(A) Displace the employee with the least bargaining unit seniority in any lower-rated occupational classification in his/her seniority group provided he/she has greater bargaining unit seniority than the employee being displaced or displace the employee with the least bargaining unit seniority group in which he/she has established seniority than the employee being displaced.

(B) Displace the employee with the least bargaining unit seniority in an equivalent or lower rated occupational classification in any other seniority group provided he/she has greater bargaining unit seniority than the employee being displaced and provided he/she has the skills and qualifications to perform the work.

(C) Such employee must notify the Company in writing if practical to do so of his/her intention to exercise bumping rights within 48 hours of the Company’s layoff notice. An employee so displaced may similarly exercise his rights of displacing another employee in accordance with the same criteria it being understood however the initial and resultant “bumps” must occur simultaneously so there will be no delay in the layoff procedures.

9.5 Recall.

For the purpose of reinstatement laid-off employees shall be recalled in the following order:

(A) Laid-off employees who are classified in the occupational classification in which recalls are being made in inverse order of layoff.

(B) Laid-off employees outside the recalled occupation who have skills qualifications and physical capabilities to do the work required in order of seniority provided there is documented proof of skills and qualifications.

(C) No new employees will be hired until all such laid-off employees have been offered recall within their occupational classification.

9.6 Seniority List.

The Company shall supply the Union with a seniority list of the employees covered by this agreement every 6 months.

9.7 Employees Transferred Out of the Bargaining Unit.

An employee who has established seniority rights in an occupational classification within the bargaining unit and who is subsequently transferred or promoted to a position outside the bargaining unit shall be deemed to have accumulated and retained seniority rights in accordance with the provisions of this agreement for a period of 90 days only from the date of such transfer or promotion if in the opinion of the Company it becomes necessary to return him/her to a vacant position within the bargaining unit.

9.8 Shift Preference.

When a vacancy exists on any shift or in the formation of any new shift preference in filling such vacancy shall be granted on a seniority basis where consistent with efficient operation.

Occupational strikes or work stoppage resulting in the inability to maintain normal operations is prohibited. Severance pay will not be paid to an employee discharged for cause or to an employee who resigns.

9.9 Severance Pay.

Length of service for severance pay commences with the date of by T Square LSC (the Company). The severance pay for employee entitled thereto under the provisions of this agreement shall be only for years of continuous employment by T Square LSC (the Company) as follows:

LENGTH OF SERVICE SEVERANCE PAY

1 to 2 years 1 week 2 to 3 years 2 weeks 3 to 4 years 3 weeks 4 to 5 years 4 weeks

ARTICLE 10

SAFETY, HEALH AND INSURANCE

10.1 Fringe Benefit.

The Health and Welfare Benefits allotted each employee shall be paid in accordance with Attachment “A” and shall be paid into a mutually agreed 401 (K) Plan on a monthly basis.

Existing employees shall have a onetime option (Oct 1, 2015 and upon CBA renewals) to decide whether payment of the health and welfare benefit will be received as cash on regular payroll checks or be contributed into the 401 (k) Plan. Once an employee has elected a method of payment the choice cannot be revoked for the duration of this agreement. All new employees establishing seniority after the effective date of this agreement shall have a onetime option to decide on cash or contribution to 401(k). Employees 70 and older will have a onetime option to opt out of 401(k) contributions.

10.2 Safety and Health.

The Company will make all reasonable provisions for the safety and health of its employees during hours of employment. The Union agrees to cooperate with the Company in insuring conformance with all established safety regulation.

10.3 Safety Meetings.

Company and Union will meet one time per month to discuss safety issues and problems.

10.4 Physical Examination.

(A) The Company may require an employee to undergo a physical examination for cause. The Union agrees to cooperate fully with all requirements imposed upon the Company by statute, regulations or contract to establish and enforce policies prohibiting the use sale and/or possession of drugs and controlled substances and the detection thereof.

(B) The Company shall have the right to select the examining physician to request the physician to conduct specific tests and to receive a written report from the physician as to his findings all such reports shall be considered and treated in a confidential manner by the Company. The total cost of such physical examinations and tests exclusive of any treatment given shall be borne by the Company.

10.5 Safety Apparel

Wrecker drivers (where warranted), parts persons, maintenance persons shall be furnished a $125.00 allowance for steel-toed boots per year per person in addition management agrees to buy three pair of insulated coveralls to be used by employees whose work assignments would send them outside during inclement weather.

10.6 Drug Free Workplace.

(A) The Company will not conduct random drug or alcohol testing on employees except as required by the United States Air Force or by applicable law, otherwise drug or alcohol testing will be performed only for reasonable probable cause any drug testing of an employee will not be considered to be positive unless such positive test is confirmed by a certified laboratory careful documented “Chain of Custody” will be observed.

(B) Searches of an individual employee’s property and possessions will not be undertaken by the Company unless reasonable probable cause exists or unless such searches are required by the

United States Air Force or by applicable law such “reasonable probable cause” will include but will not necessarily be limited to observation or independent evidence.

(C) An employee whose performance on the job is impaired by prescription medication will not be permitted to work.

(D) An employee who recognizes he/she has a drug problem and who voluntarily seeks assistance prior to detection of such problem through the Company’s Drug and Alcohol Policy Testing provisions will be given an opportunity to correct his/her problem through treatment at an approved facility. The cost of any such treatment will not be paid by the Company. The employee will not be subject to discipline as a direct result of participation in a recovery program.

(E) The Company will pay for pre-employment physicals orientations and drug testing.

ARATICLE 11

GOVERNMENT SECURITY

11.1 Defense Security

(A) The Union recognizes the Company has certain obligations in its contracts with the government pertaining to security and security is vital to the Company and the Union in carrying out their part in the defense effort. Therefore in the event the Armed Forces, through their duly authorized representatives concerned with security advise or have advised the Company any employee in the bargaining unit covered by this agreement is denied work on Sheppard Air Force Base or access to classified information or material it is mutually agreed between the Company and the Union such employee shall be subject to any action as to his employment including but not limited to termination which the Company considers necessary for security reasons any such under this agreement while such determination is outstanding.

(B) In the event however a review duly made by the appropriate governmental authority shall result in a reversal in the original ruling all seniority benefits other employment rights of an employee shall be restored to him/her and if he/she has been removed from employment for security reasons and such reversal is obtained after his/her removal he/she shall be offered reinstatement in accordance with his/her accumulated seniority, the Company will not make any payment of any claim by such employee for lost wages but will provide any relevant information if the employee should seek compensation for lost wages from some other entity.

(C) The Company, all employees and all representatives of the Union having access to the premises are required to comply with applicable Government security regulations when performing work for the Government. The Company and the Union agree security information will be revealed only to persons properly cleared and required to have the information by the Government.

11.2 Failure to Obtain Security Clearance.

If an employee has not been granted a security clearance within 120 calendar days because of employee delay from the date of application submission the Company may terminate his/her employment.

ARTICLE 12

DISCIPLINE AND DISCHARGE

12.1 Code of Conduct.

Regulations for the acceptable conduct of employees are necessary for the orderly operation of any business and for the benefit and protection of the rights of any business and for the benefit and protection of the rights and safety of all employees. Adherence to the following guidelines will ensure all disciplinary actions are uniform, fair and consistent. The following General Code of Conduct identified actions which are unacceptable in our business environment and will result in disciplinary action.

(A) Gambling of any kind during duty hours on Company or Government property is prohibited.

(B) Smoking is permitted only in designated areas during scheduled break and lunch periods, smoking is not permitted in or while operating Company or Government vehicles.

(C) Employees are not permitted to conduct personal business affairs during the time they are assigned to work.

(D) Employees are discouraged from making or receiving personal telephone calls during their work shift unless calls are related to an emergency situation.

(E) The posting of leaflets, notices, literature or other material in Company work areas without the permission of the Project Manager for T Square Inc. is strictly prohibited.

(F) Employees are not permitted to leave their job or regular working area during working hours for any reason without the authorization of their supervisor except for lunches, rest periods and trips to the restroom.

(G) Employees are expected to dress appropriately for their work environment. Maintenance personnel will have their uniforms provided. The Company will utilize a uniform service for maintenance personnel only. The Company will provide five shirts for full time operations personnel Oct 1, 2015 and provide $100.00 per full time employee each following year for uniform allowance. The part time personnel will receive 3 shirts and be allotted $50.00 each following year for uniform allowance. Operations personnel will be authorized to wear blue or black pants with their shirts. Employees may wear t-shirts and shorts (approved logos and colors) Shorts may only be worn in summer months, June through September. Shorts will be blue or black and must be a minimum of 11” inseam but not to go below the knee. No painter type pants or any type with loops that may get hung on anything.

(H) Employees who primary duties are the operations of Government or Company vehicles or equipment who receive more than two traffic citations in a 12 month period can be suspended from their position as vehicle or equipment operators. Drivers who lose their drivers licenses for any reason will be DISCHARGED from their position.

(K) For safety reasons wearing radio/cassette headphones is not permitted. The playing of personal radios is not permitted while operating a Company or Government vehicle.

(L) Employees who notice a potential safety hazard must report the condition to their supervisors at the earliest opportunity.

(M) The Company provides time cards to record employee attendance. Employees are responsive for maintain their time cards accurately.

(N) Employees are required to clock-in or clock-out within give at least five minutes of the scheduled work shift. Employees standing in the vicinity of a time clock more than five minutes before the end of their shift will be required to clock-out and leave the work area.

(O) All employees are responsible for their own time cards. No one will clock-in or clock-out for another employee under unusual circumstances a work leader or supervisor may clock an employee in or out.

(P) Excessive tardiness/LWOP Absences. Three late, three un-excused absences, three LWOP or a combination of any of the three in a 90 day period shall be considered excessive.

12.2 Disciplinary Action.

The following disciplinary action policy shall be followed by the Company for violations of the Code of Conducted identified in Section 1.

(A) First offense a verbal warning will be issued for the first offense.

(B) Second offense a written reprimand will be given for the second violation.

(C) Third offense from one day suspension without pay up to and including discharge. The Union will be furnished with a copy of disciplinary actions taken by the Company.

12.3 Discharge.

Any of the following activities or actions may warrant immediate dismissal from employment with the Company.

(A) Any employee who willfully abuses or destroys Government or Company property, tools or equipment.

(B) Any employee who intentionally falsifies Government or Company records.

(C) Any employee who removes from the work area any Government or Company property, tools or equipment without the prior written permission of the Project Manager.

(D) Any employee in possession of firearms, fireworks or explosives on Government or Company property.

(E) Any employee who knowingly makes a false entry on his/her time card.

(F) Any employee who changes or otherwise alters another employee’s time card.

(G) Any employee responsible for instigating a fight or involvement in “horseplay” which could lead to fighting.

(H) Any employee who engages in abusive or vulgar language or sexual harassment directed toward a fellow employee.

(I) Any employee observed operating a Government or Company vehicle or equipment while under the influence of alcohol or drugs.

(J) Any employee observed consuming alcoholic beverages or drugs during his break period, lunch period or at any time while on the job.

(K) Any employee who refuses to perform assigned duties associated with his job classification unless directed assignment is in violation of safety rules and regulations.

(L) Any misrepresentations of qualifications or falsifications on application for employment.

(M) Any employee who becomes involved in an altercation with a representative of the Government while on the job.

(N) Any failure to timely report a job related injury.

(O) Any failure to timely report an accident while operating Government or Company vehicles or equipment.

(P) Any employee who releases any news information (including but not limited to photographs, films, public announcements or confirmation of new information) on a subject matter pertaining to this contract or operation there under without prior written approval of the Government Contracting Officer.

(Q) Any employee who participates in activities considered a conflict of interest, including:

(1) Engaging in an outside activity or enterprise which could interfere in any way with job performance.

(2) Making investments or performing services in any enterprise where by the nature of the business there could be any conflict of interest between employee and the Company or,

(3) Divulging confidential Company or Government information which might prove injurious to the Company’s operation or integrity.

(R) Any employee with excessive tardiness or absenteeism.

(S) Any employee who falsifies travel or expense records.

(T) Liquor entering the work site or being on the job under the influence of intoxicants or consumption thereof on the job are prohibited. An employee with the odor of alcohol on his or her breath will be subject to tests to determine the percentage of alcohol in the employee’s system a reading of .05 and above will result in termination of the employee. A lesser reading will result in removal from the job without pay and appropriate disciplinary action up to and including discharge.

(U) Entering or being on the plant site under the influence of or in possession or any illegal non-prescription drugs of abuse.

12.4 Records.

Where a warning notice was issued more than 9 months prior to any subsequent warning the prior warning notice will not be counted for the purpose of satisfying the requirements of the foregoing sections.

ARTICLE 13

GRIEVANCE PROCEDURE

13.1 Presentation of Grievances.

If there is any grievance dispute or difference between any employee covered by this agreement and the Union or the Company, or among any of said parties with respect to the interpretation or application of any provision of this agreement, such grievance, dispute, or difference shall be reduced to writing and processed in accordance without the following steps in the grievance procedure. At any time an employee may present verbally or in writing complaints or grievances to the Company and to have such grievances adjusted as long as the adjustment is not inconsistent with the terms of this Agreement and provided the Union’s representative has been given an opportunity to be present at such adjustments except in the case of a grievance directly involving more than one supervisor which may be taken immediately to step two. A grievance shall be negotiated in each of the following successive steps between the representatives of the parties specified in each step.

Step 1.

An aggrieved employee may take up the matter with the foreman in whose department it occurred or through his committee person.

Step 2.

If the employee is dissatisfied with the foreman’s answer it may be reduced to writing and presented to the foreman within five days. The foreman shall have five days from receipt of the written grievance to answer the grievance in writing. The Union and Company may mutually agree to extend the time limits.

Step 3.

If the answer is unacceptable the Union may appeal the grievance to the Project Manager within five working days of the receipt of the written answer and a meeting shall be held promptly with the chairman and committeeperson representing the employee in an attempt to settle the grievance. The International Representative and or Local Union President may assist the committee at this step until the grievance is settled. The Company’s answer shall be given in writing within 10 working days of the meeting. If the Company’s answer is unacceptable to the Union the grievance may be referred to arbitration by the International Union within ten 10 working days of receipt of the Company’s written answer. Failure of the Company to answer the grievance within 10 working days may be treated as a denial of the grievance, and the Union may appeal to arbitration.

13.2 Handling Grievances.

The committeepersons shall be allowed to handle requests, complaints or grievances arising under the Agreement during his or her regular working hours without loss of compensation provided the time so spent in devoted to the prompt handing of requests, complaints or grievances in accordance with the grievance procedure of this Agreement and he or she continue to perform his or her assigned jobs at all other times.

ARTICLE 14

ARBITRATION

14.1 Handling Arbitration.

Any grievance which is not settled by the Company and the Union in the Step 3 of the grievance procedure as provided for the above shall upon timely written request by the Union to the Company be referred to arbitration.

14.2 Refer to Arbitration.

After referral to arbitration the Company and the Union representatives will meet within five working days for the purpose of attempting to agree upon an arbitrator in the event the Company and the Union representatives are unable to agree upon an arbitrator a joint request will be made by them to Director of the Federal Mediation and Conciliation Service for a list of 7 arbitrators from which each party shall alternately strike a name until one remains. The arbitrator whose name is not so stricken will be asked to serve as the arbitrator for the involved grievance.

14.3 Hearing.

The arbitrator shall hear one grievance only unless it is mutually agreed by the Union and the Company more than one grievance at a time shall be submitted to the arbitrator. The arbitrator’s decision shall be submitted based upon an interpretation of the provisions of the Collective

Bargaining Agreement.