Attachment 11_CBA WD 2017-10008, Rev 1, with cover.pdf
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- Base Operations Support Services March ARB Federal contract opportunity
- Solicitation number
- FA4664-20-R-9999
About this file
This document includes a solicitation for base operations support services at March Air Reserve Base. The solicitation is for a firm fixed price contract with some cost reimbursement line items for work that cannot be accurately estimated. The period of performance is one year from January 1, 2020 through December 31, 2020. As an unusual and compelling urgency, the government will conduct a limited competition among five vendors for interim services until a full and open competition can be conducted. The solicitation includes the justification and approval document, solicitation, and attachments. Services required include base operations support at March Air Reserve Base.
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Text version
CBAWD
REGISTER OF WAGE DETERMINATION UNDER
THE SERVICE CONTRACT ACT
By direction of the Secretary of Labor
Page 1of1
U.S. DEPARTMENT OF LABOR
! EMPLOYMENT STANDARDS ADMINISTRATION
I WAGE AND HOUR DIVIS I ON
I WASHINGTON D.C. 2021 0
I I I
Di ane Koplewski Director
I Division of I
Wage Determinations !
Wage De t ermina tion No.: CBA-2017-10008 Re vi s i on No.: 1
Date Of Last Revision : 5 /1 8 / 2017
State : Cali forn ia
Area : Riverside
Employed on March Air Reserve Base, CA contract for Base Operation and Support (BOS) Services for Vehicle Operations/Maintenance which provides effective management, receipt, assignment, accountability, operation, transfer, inspection and maintenance services for the base vehicle fleet, tenant organization vehicles, selected registered and non-registered equipment, and transient vehicles. Also for Traffic Management Office which provides a full range of services for base and tenant organizations to include day-to-day, exercise and contingency operations; th.
Collective Bargaining Agreement between contractor: Satellite Services, Inc. (SSI),, and union:
International Association of Machinists & Aerospace Workers, Local 725, effective 6/1/2017 through 5/31/2020.
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).
https://www.wdol.gov/DisplayT4CWD.aspx?WDNo=CBA-2017-10008 5/20/2017
MEMORANDUM OF AGREEMENT
Between
SATELLITE SERVICES, INC. (SSI)
MARCH AIR RESERVE BASE, MORENO VALLEY, CA
And the
INTERNATIONAL ASSOCIATION OF MACHINISTS &
AEROSPACE WORKERS, DISTRICT LODGE 725
(l.A.M.A. W.)
June 1, 2017-May 31, 2020 (BOS)
TABLE OF CONTENTS
ARTICLE SUBJECT
Intent and Purpose Union Reco®ition Union Securitv and Dues Check ofr
Stewards No Strike-No Lockout ..
Government Security and Responsibi lity Senioritv Management Rights Non-bargaining Union Personnel Hours of Work/Shift Assignments Overtime Wage Rules Holidays Leaves of Absence Health and Welfare Discharge and Discipline Grievance Proeedures Arbitration Bulletin Boards General Health. Saferv and Environment Information Provided to the· Union Business- Representatives and Uilion Officials New Technolo~v LA.M. Pension Machinists Non-partisan Political League (MNPL) Jurv Duty and Bereavement Leave Vacations Sick Leave Military Leave l Jniforms
Duration
PAGE
1-2 2-3 3-4
6-8 8-9
10-11
12-13 13-14 14-15 15-16 16-17 17-18 18-19
19-21 21-22
23-25
28-29
APPENDICES
No. SUBJECT PAGE
A Drug and Alcohol Policy 31 B Harassment Policy 32 c Social Networking Policy 33 D Wage Rules 34 E Non-Bargaining Unit Personnel 35 F Negotiations- Bargaining Representatives 36 G Vacation Donation 37-38 H Open Fuels Systems Differential Pay 39
Wage Schedules 40-42 ii
SUBJECT INDEX
Subject
Absence-Notification Arbitration Bereavement Breaks and Lunch Bulletin Boards Business Representatives Contract Period Contracting Work Out Death In Immediate Family Differentials Disciplinary Action Discrimination Drug and Alcohol Policy MOA Grievance Procedure Group Health Insurance Harassment Policy MOA Health and Wei fare Hearing Tests Holidays Hours of Work Information Requests Job Vacancies-Procedure For Filling Jury Duty Layoff Leave of Absence
Personal Military Union Business
Letters of Agreement Management Rights Military Leave ('Wages) Neg_otiations Memorandum of Agreement Overtime Paydavs
Payroll Deduction-Union Dues Pension (1.A.rvq Personal Leave Preamble (Articles of Agreement) Personal Protective Equipment (PPE) Probationarv Period Promotions Recall from Layoff iii
Page
17 (9), 28-29 18-19
16-17 20 (2)
17-18
15-16 22 (8) 13-14 10-11
6 (2)
20 (4) 15 (6) 36, 39
8-9
15 (7) 31-35, 37-38
13 (3)
23-25 14-15
21-22 (6)
7 (3) 7 (2)
SUBJECT INDEX (cont.)
Subiect
Recognition Gender
Rest Period Safety Committee Safety Seniority
General List Training Termination of
Shift Assignments/Preference Shift Differential Shift Premium Shoe/Boot Allowance Stewards (Responsibilities) Strike Technological Changes Training Temporary Employee Tools Furnished by Company Transfer Unifo1ms Union Activitv Union Business Union Securitv and Membership
UTA
Vacations Vacation Donation Vacation Selection Procedure Wage Schedules Wage Treatment Work Done By Supervisors Work Schedules Work Stoppage Work Week iv
Page
10-11 (3) 21 (1) 21-22
6-8 7 (4) 7 (2) 7 (5)
10-11 13 (4)
3-4
20 (6)
3-4
20 (7)
39-41 12-13
10-11
10 (2)
PREAMBLE
This agreement effective June 1, 2017, by and between Satellite Services, Inc. (SSI), hereinafter referred to as the "Company" and District Lodge No. 725 of the International Association of Machinists and Aerospace Workers, AFL-CIO, hereinafter referred to as the "Union".
ARTICLE ONE
INTENT AND PURPOSE
1) Each of the parties has fully complied with any and all obligations to bargain and has fully explored all subjects and matters material to the relationship between the parties. In negotiating and agreeing to this contract, all matters not specifically set out herein are expressly eliminated as a subject for bargaining, and, during the life of this Agreement, may not be raised for further bargaining, unless the parties mutually agree otherwise. This shall not be considered "boiler-plate" or a routine "zipper clause".
2) This agreement can only be modified by a document in writing signed on behalf of both parties hereto by their duly authorized representatives. Written agreements regarding interpretations or understandings that do not modify this Agreement shall not require ratification by the membership.
3) It shall be the duty of the Company and its representatives and the Union and its representatives to comply with and abide by all of the provisions of this Agreement. The waiver of any conditions or breach of this Agreement by either party shall not constitute a precedent for any further waiver of such condition or breach.
4) Further it is the mutual intent of the parties to promote to the fullest the efficiency of the operation and production of the employees; that operations must be uninterrupted and duties faithfully perfonned in order for the Company and its employees to fulfill their mutual and vital responsibilities.
5) It is recognized by the Agreement to be the duty of the Company, the Union, and the employees to cooperate fully, both individually and collectively, for the advancement of said conditions; and to provide a fair and prompt grievance procedure for the peaceful settlement of employee grievances, and to provide that there shall be no interruption and impeding of operations during the term of this Agreement.
ARTICLE TWO
UNION RECOGNITION
The Company recognizes the Union as the sole and exclusive collective bargaining representative with respect to rates of pay, hours, and other conditions of employment for all regular full-time and regular part-time employees of the Company in the following departments located at March ARB, California, as certified by the National Labor Relations Board on August 2, 2013, Case No. 21-RC-107128.
• Aircraft Servicing
• Airfield Management Operations
• Transportation Maintenance Operations
• Transient Alert (Aircraft Servicing)
• Real Property Maintenance
• Vehicle Operations Maintenance
Excluded: All other employees, administrative office clerk(s), professional employees, managerial employers, guards and supervisors as defined in the Act.
ARTICLE THREE
UNION SECURITY AND DUES CHECKOFF
1) All employees, for each month they are in the Bargaining Unit and on the active payroll, must as a condition of employment become members of the Union, and maintain such membership. Said employees must then pay monthly membership (Union) dues with original initiation fee or reinstatement fees beginning with the calendar month following the month in which they accumulate thirty (30) calendar days' service in the Bargaining Unit. An employee who enters or leaves the bargaining unit and returns will be required to pay membership dues for the calendar month in which he enters or reenters the Bargaining Unit.
2) The Union will provide the Company with the following information concerning the Union:
a) Current dues/fees rate to be charged to the Employees;
b) When Union dues/fees rates are increased or decreased the Union shall notify the Company 60 days in advance of the date that the new dues/fees will become effective.
3) During the duration of this Agreement, the Company, as permitted by State and Federal law, shall deduct out of the current net earnings payable to an Employee covered by this Agreement, applicable Union Fees, initiation fees and reinstatement fees, upon receipt of a deduction authorization, executed and delivered to the SSI Project Manager's office by the Employee, on a form provided by the Union or it's representative, and shall continue deductions until authorization is revoked by the Employee. The SSI Project Manager shall stamp and date the form and furnish the employee a copy for his/her records.
4) Deductions from money due the Employee shall be made from the net earnings due the Employee payable on the regular payday for the first full pay period in each month, provided the Company has received such authorization from the Employee by the fifteenth (15th) day of the preceding month in which such deductions are made. There shall be only one remittance per month by the Company.
5) Deductions shall be remitted to the l.A.M. District Lodge No. 725 not later than fifteen ( 15) days following the regular payday for the first full pay period in each month providing the Employee has submitted the approved authorization form by the 15th calendar day of the previous month. The Company shall furnish to the
LA.M. District Lodge No. 725, a list showing those members for whom deductions have been made and the amount thereof.
6) Any Employee within the bargaining unit who is required to contribute to the Union and who is transferred or promoted out of the bargaining unit or laid off, shall not be subject to any provisions of this Section during the time the Employee remains outside the bargaining unit or on layoff. Employees placed on short or long-term disability are responsible for notifying the I.A.M. Secretary-Treasurer immediately. Dues may be reduced during time out on disability.
7) Notification that an employee has failed to comply with any provision of this Article shall be provided by the Union, in writing, via certified mail, return receipt requested. The Union shall provide the employee with a copy of said notice. The Company will, within fourteen (14) calendar days after receipt of notice from the Union and unless prohibited by federal or state law terminate any Employee(s) who is not in good standing in the Union or Employee(s) who do not pay applicable Agency Service Fees as required by this Article. Termination procedures under this paragraph shall not be deemed as a disciplinary action.
8) Employees may handle the matter of payment of Union initiation fees/dues directly with the Union. In cases where deductions are made from those who have already paid Union initiation fees/dues, the Union will make refunds directly to such employees.
9) Any dispute arising out of the interpretation or application of this Article, when reduced to writing as a grievance, shall be subject to the Grievance Procedures by initially referring the grievance to Step Three.
10) The Union shall indemnify and save the Company harmless against all liability that may arise as a result of action taken by the Company for the purpose of complying with all provisions of this Article.
ARTICLE FOUR
STEWARDS
1) The Company agrees to recognize the Chief Steward and Division Stewards duly authorized by the Union to represent those employees covered by the terms of this Agreement. The number of Stewards shall be of a quantity so as to ensure that all Employees in the bargaining unit have ready access to a Steward. Thus it is agreed that unless the parties mutually agree otherwise there shall be no more than three (3) Stewards and two (2) Alternates. One of the three (3) Stewards will be recognized as the Chief Steward. In the event of workforce expansion the Company agrees to discuss additional Stewards with the Union.
2) For the purposes outlined above, the Union agrees to supply the Company in writing, and shall maintain with the Company on a current basis, a list of the Union Stewards. The Company will provide this information to each Manager having authority over employees covered by this Agreement.
3) Subject to other provisions of this Article, reasonable and necessary time, during work hours, shall be authorized without loss of pay or benefits to permit Stewards to carry out responsibilities which shall include attending meetings called by the Company, attending grievance meetings and representing bargaining unit employees in disciplinary and investigatory meetings. It is clearly understood that Stewards must notify the Company prior to conducting any Union business. All other duties of the Stewards will be done on non-work time.
4) The scope of Stewards shall be limited to the following activities:
a) To consult with an employee regarding a question concerning this
Agreement, complaint, or grievance for which the employee desires a Steward to be present.
b) To investigate an alleged grievance or grievance of record before presentation to the appropriate level noted in the Grievance Procedure of this Agreement.
c) To present an alleged grievance or one of record to an employee's supervisor/manager in an attempt to settle the matter for the employee or group of employees who may be similarly affected.
d) To meet with the appropriate level of the Company in accordance with the Grievance Procedure.
5) When an employee is subject to discussion or interrogation that may lead to formal discipline, the Company shall provide the employee with a Steward, unless the employee prefers that a Steward not be present. In the event an employee prefers a steward not be present, that employee will sign a waiver as mutually agreed to by the Company and the Union. Both parties will retain copies of such signed waiver.
6) Stewards shall be empowered to adjust employee grievances occurring under his/her jurisdiction as deemed appropriate to meet the requirements of the Grievance Procedure, so long as the direct intent of the grievance is met.
7) Stewards shall be employees of the Company and shall be selected from among the bargaining unit they represent.
8) Stewards are not permitted to discuss grievances or any other Union or Company matter with anyone other than representatives of the Company or representatives of the union, except the Steward may always be permitted to discuss an individual grievance with the grievant(s) involved. Violation of this clause is a serious breach of Union-Company cooperation.
9) For all purposes, other than lay off, the seniority rights of the stewards, shall be exactly the same as the seniority rights of all other employees except as provided below:
a. ln the case of layoff, and for the sole purpose of maintaining Union representation at the time of layoff, stewards shal I, during their term of office, head the seniority list in their shift and classification, and will not be laid off w1til all other employees in their labor grade (or lower labor grades) on their shift and job title are laid off.
ARTICLE FIVE
NO STRIKE -NO LOCKOUT
1) The Union (its officers, agents and members) collectively agree that it shall not authorize, cause, engage in, sanction or assist, nor permit its members to cause, nor shall any member of the Union take part, in any work stoppage, strike, sympathy strike, slowdown of operations or any other concerted activity, or attempt at concerted activity which would interrupt, interfere with, or limit the production and delivery of Company product or services or the functioning of the business that impact the Company for the term of this agreement.
2) The Company agrees that during the term of this Agreement there will be no lockouts of employees covered by this Agreement.
3) In the event of a violation of this Article, the Union agrees that it shall use its best effort to immediately end such prohibited conduct, utilizing every possible means, including but not limited to:
a) Immediately notifying employees through personal contact or meeting that they must comply with the Agreement and cease any prohibited conduct.
b) Immediately notifying those violating this Agreement to promptly return to work and/or otherwise fully comply with the terms ofthis Agreement.
c) It is understood and agreed that an employee's membership in the Union, in and of itself, does not make such employee an agent of the Union.
If the Union carries out its obligations under this Section (2), it shall have no financial liability for any such violation.
4) The Company shall have the right to discharge, demote, suspend, or in lieu of suspension to cause the forfeiture of a like number of days of paid vacation or holidays, or otherwise discipline employees for violations of this Section.
Employees so disciplined shall have recourse to the Grievance and Arbitration procedure, but the discipline imposed shall not be overturned unless the employee is found innocent of any violation, and the arbitrator shall have no authority or jurisdiction to reduce or modify discipline, except upon such a finding of innocence.
5) In the event of a claim by the Company of a violation of this Article, written or telegraphic notice shall be given to the Union. The Company may thereupon request the Federal Mediation and Conciliation Service (FMCS) to appoint an arbitrator to hear and decide the claim on an emergency basis. The hearing shall be held as soon thereafter as possible. Both parties shall waive the filing of post hearing briefs and shall request that the arbitrator shall rule from the bench, at least with respect to the issuance by the arbitrator of an immediate restraining order. The arbitrator shall have the authority to continue the hearing and to request post-hearing briefs with respect to the issue of damages if the Union has not complied with Section (2) of this Article.
ARTICLE SIX
GOVERNMENT SECURITY AND RESPONSIBILITY
1) The Union recognizes that the Company may now have, or may incur in the future, obligations with respect to the security of information and materials under contract with the Government.
2) It is understood by and between the parties hereto that, as a necessary condition of employment, employees shall be subject to investigation for security clearances, special access requests, national agency check and/or unescorted entry authorization under regulations prescribed by the Department of Defense, or other agencies of the United States government on government work. Failure to apply, maintain or gain a security clearance and/or the denial or permanent Joss of required clearances and unescorted entry authorization by such governmental agency may be cause for discharge from the Company, due to inability to meet job requirements. The Company agrees that prior to discharging any employee under thjs Article; they shall meet with the Union in order to satisfy that the only entity requiring the discharge of an employee under this clause is the Government. Should the discharge be caused by an entity other than the Federal Government, the discharge shall be subject to the Grievance and Arbitration procedures as outlined in this Agreement.
3) It is understood that there shall be no liability on the part of the Company, or the Union, for any discharge growing out of the denial of clearance and/or unescorted entry authorization by the United States Government and or non-receipt of a required clearance.
4) The Company will reinstate the employment and seniority of an employee, without back pay, whose denied security clearance is reinstated by the Federal Government provided, such reinstatement occurs within one year from the date of reapplication for clearance. An employee may submit a written request to extend such one year time limit and the merits of such request shall be decided by the Company. The one year time limit shall only be extended by mutual agreement between the Company and the Union. Any employee whose seniority is reinstated under this provision will be reinstated in his previously held occupational title, whenever possible.
ARTICLE SEVEN
SENIORITY
l) Seniority for the purpose of this Agreement includes the whole span of continuous service with SSI or its successor, wherever employed, and with predecessor contractors in the performance of similar work at March Air Reserve Base, Moreno Valley, California. The seniority date for an individual employee shall be the latest date of hire as a regular employee. Full-time employees shall be considered as more senior than part-time employees for all purposes for which seniority is used. Part-time employees who change status to full-time employment will have a full-time seniority date as of their original date of hire. The last four digits of an individual's Social Security number wiH determine the seniority of employees with the same date of hire, with the lowest Number having the most seniority.
2) In all cases of training opportunity, promotion within the bargaining unit, transfer, decrease in the work force, layoff and recall to work within each classification, preference as between employees shall be determined on the basis of the following:
a) Length of seniority.
b) Competence, performance and work record.
c) Skill and experience.
d) Knowledge and training.
In instances where factors outlined in (b), (c) and (d) are equal, seniority shall govern. Management's non-biased determination on these factors shall be final.
3) Probationary Period: All employees shall be considered probationary employees for the first ninety (90) days of active employment. Upon completion of this probationary period the employee will become a regular employee whose seniority will be retroactive to his/her first day of employment. Supervisory determinations as to retention, reassignment, or termination during this probationary period are not subject to the Grievance and Arbitration Articles of the CBA, except in cases of allegation of some statutory or regulatory violation.
4) Seniority List: The Company shall prepare and maintain and post, subject to examination and correction by Union representatives, a Seniority List consistent with this Article and Article Twenty-Five of this Agreement (Information to Union). The Stewards shall be provided with a copy of the seniority lists and shall be notified of all changes. Each Employee shall have the right to timely (within 10 work days of posting) protest any error in his seniority status.
5) Seniority Termination: An employee's seniority and employment will be terminated under the following conditions:
a) Discharge for just cause.
b) Resignation. A resignation becomes final when the employee stops working or management accepts the resignation, whichever is earlier.
c) Failure to respond to recall within the time frame established within this
Agreement.
d) Failure to be recalled from lay-off for a period equal to the employee's length of employment or within twelve (12) months after such layoff, whichever is less. A one-time three (3) month extension may be granted, at the Company's sole discretion, provided that a written request is received by the Company at least thirty (30) days prior to expiration of the twelve ( 12) month period. The Company shall consider each request on a case-by-case basis and shall issue a decision within 15 days of receipt of the request.
6) It is each employee's responsibility to inform the Company of his most recent address and phone number. Each employee must have a phone number where he can be reached. All official Company notices including recalls from layoff will be sent to the address of record. Mailing of notices to the address of record shall be considered proper notification.
7) In the case of job opening(s) the Company will post the notification for such openings on the bulletin board(s) for a period of ten (10) calendar days.
ARTICLE EIGHT
MANAGEMENT RIGHTS
The management reserves and retains all powers, authority, duties and responsibilities and rights to manage, control and operate its business and the workforce except to the extent that this Agreement specifically provides to the contrary. This includes, but is not limited to the right to:
I) Determine matters of inherent managerial policy;
2) Plan, direct and control operations;
3) Maintain and improve the efficiency and effectiveness of the business;
4) Determine whether, when and to what extent work shall be performed by employees covered by this Agreement;
5) Determine or change duties of jobs;
6) Determine the size, composition and adequacy of the workforce and establish production and work standards;
7) Hire, direct, supervise and evaluate employee(s);
8) Suspend, discipline, demote, or discharge for cause or for violation of standards or rules, or layoff, transfer, assign, schedule, promote or retain employee(s);
9) Determine, alter, revise, change or eliminate any or all methods, processes, means, materials or personnel by and with which the Company's work is to be conducted;
10) Make, amend, and enforce reasonable rules, regulations, standard operating procedures and policies, including those for alcohol and drugs;
11) Determine the hours of work and work schedules, and schedules of production and operation;
12) Transfer employees between jobs and shifts in order to maintain efficient and economical operations;
13) Cease operations wholly or partially, the Company will affect cessation in compliance with all applicable labor laws;
14) Determine the number of hours per day or week any operations may be carried on and any employee is scheduled; however, the safety of employees shall not be compromised;
15) Modify or eliminate any claimed past practice not set forth in this g agreement, which arose either before or after the effective date of this contract.
These rights are limited only to ~e. extent that ~is Agreement specifically so provides and may be exercised except as specifically restricted by this agreement without prior consultation with the Union.
If the Company fails to exercise any of its rights, or exercises them in a particular way, this shall not waive those rights or preclude the Company from exercising them in some other way.
ARTICLE NINE
NON-BARGAINING UNIT PERSONNEL
1) Management/Supervisory personnel and/or highly specialized personnel, including manufacturers' technical representatives and instructors/trainers may perform work of employees covered by the Agreement under the following conditions:
a) Under emergency conditions, as defined to mean any unforeseen combination of circumstances that requires immediate action.
b) When required to maintain their personal qualifications and proficiency or when required for certification.
c) For the purposes of instructing and training employees or when bargaining unit employees lack the technical ability to perform the work required.
d) To cover absences and temporary vacancies, if no other bargaining unit employee is available.
e) During Government directed exercises and contingencies.
2) Nothing in this Article is intended to permit non-bargaining personnel performing work of employees covered by the Agreement to avoid paying overtime, or to avoid paying wages for a higher classification, or to displace a bargaining unit employee.
ARTICLE TEN
HOURS OF WORK I SHIFT ASSIGNMENTS
1) The normal workday will consist of twenty-four (24) consecutive hours beginning at 12:01 AM Sunday and ending 11:59 AM Sunday. The normal workday for each shift shall consist of eight hours, exclusive of a one (1) hour lunch period, forty ( 40) hours per week. It is understood and agreed however, that the Employer reserves the right to schedule employees for more than eight (8) hours per day, and more than or less than five (5) days a week when necessary to meet operations requirements.
2) The normal workweek consists of seven (7) consecutive days beginning 12:01 AM Sunday to 12:00 midnight Saturday. Nothing in this Agreement shall be construed as a guarantee of eight (8) hours work or pay per day or forty ( 40) hours work or pay per week.
3) Schedules will be bid in February of each year, and posted in March of each year.
The Union and the Company mutually agree that in order to fully meet the company's contractual obligations with the Government, the Company may from time-to-time be required to temporarily alter the hours and/or days associated with the shift preferences selected by the employees in February. Employees will be returned to their normal shift at the earliest opportunity when workload permits.
The Company will provide a minimum of ninety-six a (96) hour notification to employees prior to a change in shift schedule except for circumstances beyond the Company's control, such as emergencies, short- notice flying schedule changes, Government directed activities that require shift changes, etc. Lunch periods may vary between employ¢es depending on· their work assigrunents or task coverage and are subject to approval by the immediate Supervisor. The Company will endeavor to schedule all employees' consecutive days off unless prohibited by customer requirements.
4) The Company will provide each employee with two (2) fifteen (15) minute rest periods per eight (8) hour shift. Scheduling of rest periods will be as workload permits. Employees scheduled to work two (2) or more hours of overtime shall be entitled to a fifteen (15) minute break penod prior to the start of the overtime period and an additional fifteen (15)-minute break period for each additional two
(2) hours.
5) The Company and-the Union agree to the principle that shift preference should be given to senior employees in each classification within the divisions to the extent possible, while maintaining the necessary skill & qualification leve.ls for each shift as determined by the Company, except during government directed contingencies and exercises. Employees will be allowed to request a shift preference once-a year during the month of February. The Company will review the requests and approved shift changes will take effect on the first Monday in March. The Company will endeavor to honor shift assignment requests. If conflicts exist, the appropriate supervisor/manager shall make final adjustments to meet operational requirements.
6) Employees may only exercise their shift preferences in classifications they currently hold.
7) Employees have the option to have at least a ten (10) hour rest period if their normal scheduled shift is within eight (8) hours of the finish of their last shift, except during Government directed contingencies and exercises.
8) No employee will be scheduled to work beyond a 12-hour shift, except under severe or emergency conditions.
9) When an employee is required to work on a non-scheduled day or is required to return to work following a scheduled shift, such an employee wiU be paid a minimum of two (2) hours of pay at the employee's regular rate of pay, or be paid the applicable overtime rate should the employee be on overtime. Employees will be paid for the time actually worked at the applicable rate of pay should the time worked be in excess of two (2) hours.
10) No employee shall be placed in an "on call" status by the Company unless and until compensation for an on-call premium is negotiated by the parties and amended to this agreement.
ARTICLE ELEVEN
OVERTIME
1) The provisions of this Article are intended only to provide the basis for calculation and payment of overtime and shall not be construed as a guarantee of any specific overtime hours per day or per week.
2) The Company reserves the right to require employees covered hereby to perform overtime work in order to meet Government contract requirements. When such overtime is required, employees involved shall be given as much advance notice as possible.
3) Overtime shall be paid for hours worked in excess of eight (8) hours in a workday, or forty (40) hours in a workweek and recorded to the nearest one fourth (114) of one hour. Overtime shall be at one and one-half (1-1/2) times the base hourly rate of pay.
4) Hours worked on the first scheduled day off will be compensated at one and one half (1 Yi) times the employee's rate of pay. Hours worked on the second day off in the same workweek will be compensated at a rate of two (2) times the employee's rate of pay.
5) No overtime shall be worked except by direction of the proper supervisory personnel of the Company.
6) Employees working on one of the designated holidays as specified in Article Thirteen (Holidays) of this Agreement shall be compensated at the rate of one and one-half (1 Yi) times the employee's rate of pay.
7) Overtime is authorized by the Company in a manner that management deems appropriate. Seniority should be used in setting up a rotational schedule to provide overtime as evenly as possible for all employees in a work center. However, it is understood that there will be t imes, when management will use their own discretion to select an individual who possesses the necessary skills to meet mission requirements. Under these circumstances the Company will not be required to balance overtime.
1) General Wage Increases:
ARTICLE TWELVE
WAGE RULES
a) Pay rates become effective June 1, 2017, as outlined in Appendix "I".
b) All economic amendments under this Agreement, including but not limited to differentials shall become effective June 1, 201 7.
2) Employees promoted or temporarily assigned to another job classification shall receive the rate of that job classification or continue at their present rate, whichever is greater. If temporarily assigned, they shall, upon return to their prior classification, assume the rate held prior to the temporary assignment. Pay increases relative to such temporary assignments or promotions shall become effective at the time the employee assumes the new assignment.
3) Paydays:
Employees covered hereby shall be paid twice a month (24 pay periods per year)
4) Shift differential is paid as follows:
a) Five (5) percent of the employee's base rate of pay per hour for all hours worked during a shift where half or more of the work hours are within the period of: 15:00-23:59 hours.
b) Five ( 5) percent of the employee's base rate of pay per hour for all hours ·worked during a shift where half or more of the work hours are within the period of: 00:01 -07:59 hours.
c) An employee classified as an AMOC and working nights as a part of a regular shift/tour of duty will receive ten (l 0) percent of the employee's base rate of pay per hour for all hours wo~ked during a shift where half or more of the work hours are within the period of: 18:00- 06:00.
5) Shift Premium for the classification of AMOC is paid as follows:
a) An employee classified as an AMOC, who is also classified as a full-time employee and who works on Sunday as a part of their regular shift/tour of duty will receive a Sunday premium of twenty-five (25) percent of the employee's base rate of pay per hour for all hours worked on Sunday that is not overtime (i.e. occasional work on Sunday outside of the employee's normal shift/tour is considered overtime work and paid at the overtime rate of pay as outlined in Article 11 ).
ARTICLE THIRTEEN
HOLIDAYS
The following ten (10) days are designated as holidays:
New Year's Day, President's Day, Martin Luther King Jr.'s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Day.
Any employee, who is on the active payroll on the holiday and has worked his/her last scheduled shift preceding the holiday and his/her first scheduled shift succeeding the holiday, shall be eligible for holiday pay. Employees on paid leave shall be eligible for holiday pay.
The Company reserves the right to require employees to work on a holiday. Employees that work on a holiday shall be compensated at time and one half in addition to their holiday pay.
Should one of the holidays authorized above fall on a scheduled day off, employees will be authorized an alternate day off in lieu of the holiday, to be taken at time mutually convenient to the employee and the Company within thirty (30) days fol1owing the holiday.
Part-time employees shall be eligible for holiday pay on a pro rata on the basis of the number of hours worked in the week preceding the holiday. (Part time employees who utilize paid time off used in the week preceding the holiday shall have those hours count as time worked for the purpose of calculating prorated holiday time.)
Should a day, other than those named above, be designated as a holiday by Executive Order, for the example Christmas Eve, such day(s) shall only be considered/observed as a holiday and treated as such for SSI employees if the Executive Order is approved and accepted by the Contracting Officer. In such cases the Project Manager will notify the employees of the additional holidays
ARTICLE FOURTEEN
LEAVES OF ABSENCE
1) Unpaid leaves of absence for sufficient cause may be granted by the Company upon application from employees who have completed their probationary period.
Requests for leave of absence must be made in writing on a form provided by the Company and must be approved by the Site Manager.
2) Seniority shall continue to accumulate during the approved leave of absence not to exceed twelve (12) months except by mutual consent. When an employee has been granted a leave of absence for a specified period of time, it will be the employee's responsibility to request an extension of such leave prior to expiration, if additional time is required. All such extensions must have prior Company approval.
3) Subject to the conditions stipulated in this Article, unpaid leaves of absence may be granted for the reasons stated in the following paragraphs:
a) An employee on leave of absence for personal health reasons may return to work prior to or at the expiration of such leave upon the release of a licensed physician provided he/she is able to perform his/her assigned duties safely. Should the Company question the employee's capability to perform his/her assigned duties safely, the company may have the employee examined by another physician, prior to his/her return to work.
If the physician selected by the Company and the employee's physician disagree, then the employee will be examined by a third mutually acceptable physician and his/her decision will decide the employee's capability. Any such additional examination costs shall be incurred by the Company.
b) While on leave of absence for personal health reasons, the employee shall notify the Company as to his/her potential of returning to work once every two (2) weeks, except in those cases where the employee's physician has provided an expected date of return, or when application and approval of the absence falls under the Family Medical Leave Act (FMLA).
c) Leaves of absence without pay for Union business will be granted to representatives of the Union who are employees of the Company who have been selected by the Union and its representatives to attend such functions as conferences, conventions, and Union educational courses, not to exceed ten (10) work days provided advance notice is given to the Company. However, not more than two (2) employees may be on such leave at any one time. It is understood and agreed that once every four (4) years, one (1) person will be granted leave of absence for up to three (3) weeks for the purpose of attending the Union's international conventions.
Exceptions may be made by mutual agreement.
4) When leaves of absence are granted, employees, upon return to active employment, will be returned to their job if their seniority will permit. If such job does not exist, or their seniority will not hold, they will exercise their bumping rights.
5) Employees responding to a subpoena as a Company witness are considered to be on paid time.
6) Any member of the Union shall, on written request by the Union, be granted unpaid leave of absence to serve in Union office for the term of such office.
Employees on such leave shall accrue seniority. When the activities for which such leaves of absence are granted shall cease, the Union shall immediately notify the Company in writing, and if request is made within fifteen (15) days thereafter, such Union member will be given re-employment in a similar position, if same still exists, or a comparable position, in accordance with his/her qualifications and seniority privileges and applicable wage rate at the time of return to the active payroll. The returning Union member must report for active duty within thirty
(30) days of the expiration date of such leaves in order to retain such rights, unless extended by mutual agreement by the parties.
7) The Company shall allow three employees to attend contract negotiations on behalf of the SSI bargaining unit. Time spent in negotiations shall be considered as time worked for purposes of overtime.
ARTICLE FIFTEEN
HEALTH & WELFARE
1) The Company shall make Health & Welfare contributions equal to the amount shown below per hour paid to a maximum of forty ( 40) hours per week beginning on the first of June 2017, 2018 and 2019. Employees may receive this benefit as a pre-tax payment toward group insurance costs or as cash payments added to their regular paycheck, or a combination of both.
Effective Date(s):
Current:
June 2017 June 2018
Contribution Amount(s) Per Hour:
$6.75 $7.75 $8.50
June 2019 $9.25
2) Pension allocations will be deducted from the per hour Health & Welfare benefit for all employees.
Effective Date(s):
Current:
June 1, 2017 June 1, 2018 June 1, 2019
Contribution Amount(s) Per Hour:
$2.00 $2.25 $2.25 $2.50
3) Employees and their families may participate in the Health Insurance plan offered by the company.
4) Employees will have the opportunity to participate in the International Association of Machinist & Aerospace Workers, District Lodge 725 (l.A.M.A.W.) 401 (k) Plan or the 40l(k) Plan offered by the Company.
ARTICLE SIXTEEN
DISCHARGE AND DISCIPLINE
1) It is understood the Company may discipline or discharge any employee covered herein for just cause. Should an employee feel such action improper and in violation of the employee's rights under this Agreement, the employee shall be extended all the rights and privileges accorded by the grievance and arbitration procedures contained herein. Probationary employees are entitled to utilize the Grievance and Arbitration only in cases of allegation of some statutory or regulatory violation.
2) A warning, discipline or discharge notice shall be removed from the employee's file if, through the grievance procedures, the discipline is deemed unjust.
3) It is fully understood that the establishment of reasonable policy and rules and regulations not in conflict with the terms of this Agreement is solely and fully a matter of managerial prerogative. Employees shall be expected to completely comply with such rules and regulations established by the Company and violations thereof shall be considered cause for disciplinary action. Progressive discipline will be used by management to handle disciplinary matters as appropriate to the severity of the infraction. Certain offenses, by their nature, may be severe enough to warrant bypassing disciplinary steps or may require immediate termination.
4) A written notice shall be removed from an employee's file after twelve (12) months, provided that no discipline has occurred during that twelve (12) month period and the initial notice has not been successfully grieved.
5) Any discipline, except discipline in lieu of discharge, once removed from an employee's file, shall not have any future effect on discipline.
6) Any discussions or conferences with an employee that may lead to formal disciplinary action shall take place with a Steward present unless the subject employee directs the Company otherwise.
7) The Union will receive a copy of all discipline. unless the subject employee directs the Company otherwise. In this case, the employee will sign a waiver (Article Four, Paragraph Five).
8) In cases of discharge or suspension the employee shall be given a copy of such notice if they are available to be presented with such copy. If the employee is unavailable the notice will be sent to the employee's last known address. An employee shall have the right to appeal the action shown on the notice provided a written grievance is timely initiated in accordance with the grievance article in this Agreement.
9) An employee who is absent from work for a period of three (3) consecutive workdays without proper cause or an employee who is absent from work for a period of three (3) consecutive workdays without reporting the absence or the reason for such absence shall be considered as having resigned without notice and such employee's personnel file shall be closed accordingly.
ARTICLE SEVENTEEN
GRIEVANCE PROCEDURES
1) For the purpose of this Agreement, the term "Grievance" means any dispute between the Company and the Union, concerning the meaning, interpretation or application of the provisions of the Agreement.
2) It is the intent of the parties to this Agreement that the procedure provided herein for the settlement of grievances shall serve as a means for peaceful settlement of all disputes that may arise between them.
3) The Company has no responsibility to make an adjustment on any grievance unless it is submitted within seven (7) calendar days after the occurrence giving rise to it, or the date on which the Union or aggrieved employee reasonably had or should have had knowledge of the grievable incident.
4) It is understood that the time limits specified herein may be extended by mutual agreement of the Company and the Union.
5) Grievance Steps:
lnformal Issue Resolution Step:
The immediate supervisor shall explore and discuss the employee's stated problem with the steward and the employee and shall render a verbal decision within three (3) work days.
a) It is in the mutual interest of the Company and the Union to have potential grievances settled prior to the need for a formal written grievance.
Accordingly, an informal issue resolution meeting will be requested within seven (7) calendar days after the event giving rise to the grievance. The supervisor shall provide a written response within three (3) calendar days.
Any resolution reached shall be final and shall not be considered precedence setting.
Formal Step One:
In the event said verbal grievance shall not be satisfactorily settled the same shall then be submitted in writing to the next level of supervision. The supervisor shall meet promptly with the employee and the Union steward, and render a written decision within five (5) calendar days thereafter.
a) The Union Steward may appeal such decision to the second step of this procedure, provided that notice is given to Management within five (5) calendar days after such decision.
Formal Step Two:
If the supervisor's decision is appealed to Step Two, the Project Manager or designee shall meet with the Union Business Manager within ten (10) calendar days following notice of such appeal. The Project Manager and/or designee in concert with the Human Resources Representative shalJ render a written decision within ten (10) calendar days following such meeting.
The Union Business Manager may refer to arbitration disputes related to the interpretation or application of the terms of this Agreement, provided such action is taken within full compliance with Article Eighteen, Arbitration, and Management is given written notice of the intent to arbitrate within fifteen
(15) calendar days of the receipt of the answer to the formal step two. Any grievance not appealed to arbitration as provided, shall be considered settled by the decision of the Project Manager in formal step two.
6) By mutual agreement between the parties (i.e. the Union Business Representative or designated representative and the Company's project manager or designated representative) any or all of the steps of this grievance procedure may be waived in writing and the parties may proceed to the next step of the grievance procedure or directly to arbitration.
7) A grievance may be filed by an affected employee or Steward on behalf of the employee and other similarly affected employees. It is the intent of this Section to eliminate the need for multiple filings of a grievance.
8) The time limits specified herein may be extended by mutual written agreement between the parties.
ARTICLE EIGHTEEN
ARBITRATION
1) There shall be no grievances presented to arbitration until all steps of the grievance procedure have been utilized or mutually waived in writing.
2) If a settlement or adjustment of the dispute cannot be reached, then either of the two parties shall request the Federal Mediation and Conciliation Service (FMCS) to submit a list of seven (7) names from which the Arbitrator shall be chosen.
Each party shall be entitled to reject one list. The Arbitrator shall be chosen within ten (10) working days of receipt of an acceptable list. The names contained on said list shall be stricken in tum until one (1) name remains, and that person shall become the Arbitrator. The parties shall alternately strike first No more than one (1) grievance shall be placed before an arbitrator at any one (1) hearing unless the Company and the Union agrees to waive this provision.
3) Any claim that management has violated the contract and any Employment Claims against the Company, or any member of management or supervision, may be arbitrated under the procedure set forth in this step. Such arbitration is the sole and exclusive way to enforce such claims, as far as the law permits this.
4) The Arbitrator shall have the authority to make the employee whole for any violation of law and any provision set forth in the collective bargaining agreement.
5)…
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