Attachment_2 _Current_CBA_Logmet-T_Square_2014.pdf

Agreement

Between the

International Association of

Machinists and Aerospace Workers AFL-CIO, Local Lodge No. 2915, And its District Lodge No. 166 MacDill AFB, Florida

And

LOGMET LLC

And

T SQUARE LOGISTICS SERVICES CORPORATION

MacDill A.F.B., Florida Effective October 1, 2014 through September 30, 2017

TABLE OF CONTENTS

PREAMBLE

PURPOSE

ARTICLE I—RECOGNITION

ARTICLE II----MANAGEMENT RIGHTS…………………………………….3

ARTICLE III........DISCIPLINE AND DISCHARGE………………………………………..4

ARTICLE IV—SUCCESSORSHIP ........................Error! Bookmark not defined.

ARTICLE V–NO STRIKES OR LOCKOUTS

ARTICLE VI—UNION SECURITY AND RIGHTS OF EMPLOYEES

ARTICLE VII—SENIORITY

ARTICLE VIII—VACANCIES, PROMOTIONS AND TRANSFERS

ARTICLE IX—LAYOFF PROVISIONS

ARTICLE X—LEAVES OF ABSENCE

ARTICLE XI—UNION REPRESENTATION

ARTICLE XII—GRIEVANCE PROCEDURE

ARTICLE XIII—ARBITRATION

ARTICLE XIV—HOURS OF WORK, WORKDAYS AND WORKWEEKS

ARTICLE XV—OVERTIME

ARTICLE XVI—WAGES

ARTICLE XVII—HEALTH AND WELFARE BENEFITS AND

RETIREMENT

ARTICLE XVIII—HOLIDAYS

ARTICLE XIX—VACATION

ARTICLE XX—GENERAL

ARTICLE XXI—JOB CLASSIFICATIONS/DESCRIPTIONS

ARTICLE XXII – GOVERNMENT SECURITY

ARTICLE XXIII – PROVISIONS AGAINST DISCRIMINATION

ARTICLE XXIV – EFFECT OF LAW

ARTICLE XXV – HURRICANE DISASTER

ARTICLE XXVI – MACHINISTS CUSTOM CHOICE WORKSITE

BENEFITS PROGRAM

ARTICLE XXVII—DURATION

PREAMBLE

This Agreement, is made this 11 day of August 2014, by and between LOGMET LLC and T SQUARE LOGISTICS SERVICES CORPORATION (the contractor under a government contract at Mac Dill AFB, Florida) are hereinafter referred to as the Company, in this Collective Bargaining Agreement providing for a employer Agreement with the International Association of Machinists and Aerospace Workers AFL-CIO, Local Lodge No. 2915, and its District Lodge No. 166, hereinafter referred to as the Union. Each Company and the Union hereby agree to the terms and conditions set forth in this Collective Bargaining Agreement as the terms and conditions for the employer Agreement. Said employer Agreement between the Company and the Union is hereinafter referred to as the Agreement and shall be effective on October 1, 2014 and expire on September 30, 2017, with respect to employees performing the scope of work described in the bargaining unit certified by the National Labor Relations Board on December 9, 2006 (Case No. 12-RC-8860 and 12-RC-8861). Whenever the terms “Company”, is used in the Agreement, such terms shall apply to the LOGMET LLC and T SQUARE LOGISTICS SERVICES CORPORATION the rights and obligations arising from the Agreement shall apply

PURPOSE

It is the intent and purpose of this Agreement to establish the wages, hours, and terms and conditions of employment for Employees in the represented unit defined in Article 1 entitled Recognition, to provide orderly collective bargaining relations between the Company and the Union, to secure prompt and fair disposition of grievances, and to further stabilize employment relations for the duration of this Agreement.

The Union recognizes that the Company is a contractor to the Federal Government. The parties agree that it is in the best interest of the Union and the Company to develop a Labor/Management relationship that respects the mutual interests of both parties. The parties further agree that such a relationship fosters an environment that enhances the mission of the United States Air Force.

Whereas the Company and the Union have bargained collectively, in good faith, with respect to wages, hours and other conditions of employment for Employees in the Bargaining Unit herein defined, and have reached agreement;

Now, therefore, in consideration of the mutual promises and covenants herein contained, the Company and the Union do hereby agree as follows:

ARTICLE 1—RECOGNITION

1.1 The Company recognizes the Union; its agents and representatives as the exclusive collective bargaining representative of all of the Employees within the Bargaining Unit defined in Article 1, Section 1.2 of this Agreement.

1.2 BARGAINING UNIT.3.1 Definition of Employees Status Whenever used In this Agreement, the term “Employee” shall mean all full-time, regular part-time and extra board Employees employed by the Company at MacDill Air Force Base, Hillsborough County, Florida, excluding management and confidential employees, clerical, guards, and supervisors.

An Employee hired subsequent to the effective date of this Agreement, or an Employee rehired after termination of seniority shall be in probationary status until the completion of sixty(60) calendar days in accordance with the seniority provisions of this Agreement (for new or rehired Employees.) (An Employee who is in a probationary status and who is currently working to complete (60) calendar days of employment at the time of the signing of this Agreement shall receive credit for all days worked in probationary status and shall continue to be in a probationary status until he has completed (60) calendar days of employment. Upon completion of (60) calendar days of employment, said Employee shall be added to the appropriate seniority lists.) A new Employee or an Employee rehired after termination of seniority (for just cause) who is in said sixty(60) calendar day probationary status may be disciplined or discharged at the sole discretion of the Company during the sixty (60) calendar day probationary period and there shall be no recourse to the grievance procedure. Once an Employee in probationary status has completed the sixty-(60) calendar day probationary period, he/she shall be added to the appropriate seniority lists and can only be disciplined or discharged for just cause excluding management and confidential employees, clerical, guards and supervisors.

1.3 RECOGNITION AND SCOPE

The Company recognizes the Bargaining Unit to be the appropriate unit certified by the National Labor Relations Board on December 9, 2006 (Case No. 12-RC-8860 and Case No. 12-RC-8861), stipulated in the National Labor Relations Board Certification of Representative and any new or revised job classifications that meet the criteria established by the National Labor Relations Board.

1.4 DEFINITION OF EMPLOYEE

1.5 Recognition of Employees. Bargaining unit work awarded to the Company under the Transient Aircraft Services contract or by the acquisition of new work at MacDill AFB, Hillsborough County, Florida, which involves the performance of tasks the same or similar to existing bargaining unit employees, shall be included in the appropriate unit for which the Union is recognized subject to the terms of this Agreement, unless required otherwise by the NLRA.

ARTICLE II

MANAGEMENTS RIGHTS & OBLIGATIONS

2.1 Except insofar as it is specifically abridged by express provisions of this Agreement, the Management of the Company and the direction of the working force are vested in the Company.

This includes, the right to hire, assign, transfer, promote, reclassify, suspend for just cause, discipline for just cause, or discharge for just cause, to relieve employees from duty because of lack of work, the making of reasonable rules and regulations not in conflict with this agreement the Company shall notify the Union five (5) days prior to institution of new rules and regulations, and to maintain discipline and efficiency of employees.

2.2 The Union recognizes that it is the functions and the right of the Company to exercise its discretion in developing processes which meet the standards of Government requirements and customer acceptance, to meet competition, in order that its business and jobs and wages are protected.

2.3 Rules and regulations shall be enforced consistently.

2.4 It is understood and agreed that non-bargaining unit personnel will not Normally perform work of employees covered by the Agreement except as Necessary to meet mission performance as determined by management. Company 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 manager may fill a Position until sufficient qualified employees can be called in a arrive at The job prepared to perform the work involved.

2.5 The Company shall be the judge of all matters pertaining to the location of operations, production and work schedules, and the methods, processes and means of servicing and materials to be used, including the right to introduce new and improved methods or facilities and to change existing methods or facilities.

ARTICLE III

Discipline and Discharge

3.0

The Company has the right to discipline, suspend or discharge employees for just cause. The Company has the right to enforce all rules, regulations, and policies according to this contract and the Company Handbook. The Company also recognizes that the Union will be able to grieve all such rules, regulations, and policies that the union feels is not justified

ARTICLE IV

SUCCESSORSHIP

4.1 The provisions of this Agreement shall be binding upon the Company and its successors, assigns or future purchasers and all of the terms and obligations herein contained shall not be affected or changed in any respect by the consolidation, merger, sale, transfer, or assignment of the Company or any or all of its property, or affected or changed in any respect by any change in the legal status, ownership, or management of the Company. It is the intent of this Article to promote industrial peace and harmony, to insure continuity of employment and representation, to maintain the current and prospective level of wages, benefits, and working conditions contained herein and further to protect the gains made in said wages, benefits, and working conditions derived through good faith collective bargaining regardless of the identity of the employer organization having jurisdiction over the work of this Bargaining Unit.

ARTICLE V–NO STRIKES OR LOCKOUTS

5.1 RECOGNITION OF IMPORTANT AND VITAL WORK FOR THE UNITED

STATES GOVERNMENT. The Union and the Company expressly acknowledge and recognize the business and operations of the Company are directly related to the important and vital work of the United States government and that efficient and uninterrupted services must be furnished to those agencies that have need of and make use of the capabilities of the Company.

5.2 NO STRIKES. In consideration of the Company’s commitment as set forth in Section

3.0 of this Agreement, the Union, its officers, agents, representatives, stewards, committeemen and members, and bargaining unit employees shall not, in any way, directly or indirectly, instigate, lead, engage in, authorize, cause, assist, encourage, participate in, ratify, or condone any strike, sympathy strike, slowdown, work stoppage, or any other interference with or interruption of work at any of the Company’s operations, whether or not such a strike, sympathy strike, slowdown, work stoppage, or other interference with or interruption of work (a) involves a matter subject to resolution pursuant to the grievance and arbitration procedures set forth in Articles 12.2 and 12.3 of this Agreement; or (b) involves a matter specifically referred to or covered in this Agreement; or (c) involves a matter which has been discussed between the Company and the Union; or (d) involves a matter which was within the knowledge or the contemplation of the Company and the Union at the time this Agreement was negotiated or executed.

5.3 DISCIPLINES FOR VIOLATION OF SECTION 3.2

Should a violation of section 3.0 by employees of the company occur, the Company shall advise the Union of such violation and the Chief Steward shall advise the employees that, inasmuch as no action has been called or sanctioned by the Union, they are engaged in unauthorized activities and will instruct the employees in a written directive to return to work immediately and that any employee who does not return to work will be subject to disciplinary action up to and including termination if such violation has occurred and continues to occur after the written notice is given.

The failure or refusal on the part of any employee to comply with the provisions of Section 3.0 of this Agreement shall be subject to discipline, up to and including discharge. Prior to the Company’s taking any such disciplinary action, the Company will consult with the Union pursuant to Section 20.16 of this Agreement. Any such discipline shall be subject to the grievance or arbitration provisions set forth in both Articles 12.1 and 12.3 of this Agreement.

Nothing in this Section 5.3 will preclude nor waive the right of the employee, the Union, or the Company to bring or file any claims under the National Labor Relations Act before the National Labor Relations Board or in court, as appropriate.

5.4 NO LOCKOUTS

In consideration of the Union’s commitment as set forth in Section 5.2 of this Agreement, the Company shall not engage in any lock out of employees.

ARTICLE VI—UNION SECURITY AND RIGHTS OF EMPLOYEES

6.1 AGENCY SHOP

As provided herein, all Employees covered by this Agreement, shall as a condition of continued employment with the Company, become and remain members in good standing in the Union or pay applicable Agency Service Fees to the Union within thirty (30) days after the end of an employee’s probation period or (30) days after the effective date of this Agreement, whichever is later. No probationary employee shall be subject to the Agency Shop provision until he has completed (30) calendar days of employment. Upon completion of his probationary period, said employee shall be subject to all provisions of this Article.

6.1.1 DISCLOSURE OF UNION DUES TO THE COMPANY. The Union will provide the Company with the following information concerning Union Dues: (a) the current dues rate to be charged to the Employees, (b) when Union dues rates are increased or decreased the Union will notify the Company of the new dues rate to be charged to Employees and when the new rates will go into effect.

6.1.2 DISCLOSURE OF SERVICE FEES TO THE COMPANY. The Union will provide the Company with the following information concerning the applicable Agency Service Fees:

(a) the current applicable Agency Service Fees to be charged to Employees who choose not to become members of the Union, and (b) when the applicable Agency Service Fees are increased or decreased the Union will notify the Company of the new dues rate to be charged to Employees who choose not to become members of the Union and when the new rate will go into effect.

6.2 CHECK OFF

During the existence of this Agreement, the Company, insofar as permitted by State and Federal law, shall deduct out of the current net earnings payable to an Employee covered by this Agreement, applicable Agency Service Fees or Union Dues, initiation fees and reinstatement fees, upon receipt of and in accordance with a deduction authorization, duly executed by the Employee, on a form agreed to by the Company and the Union, and shall continue deductions until such authorization is duly revoked by the Employee. Failure to authorize Dues or applicable service fee deductions does not relieve Employees from the Agency Shop obligation under this Article.

6.3 INDEMNIFICATION

In consideration of the obligations undertaken by the Company as described within this Article, the Union shall indemnify and hold the Company, its agents and representatives harmless from any and all claims, causes of action, loss, costs and attorney fees (but not the costs or expenses incurred in the administration of the Check Off or Dues Deduction), and damages arising out of or resulting from the Company’s exercise of the obligations undertaken by the Company as described within this Article, including without limitation the obligations to “check off,” deduct dues, and discharge Employees for failure to pay Dues or Agency Service Fees.

In furtherance of this indemnification obligation and not as an alternative or a reduction to its indemnification obligations, the Union shall provide the Company with competent defense, in the event the Company is named as a defendant or charged party in any action by an individual discharged pursuant to the provisions of the union security clause contained in this Agreement, and the Company shall promptly notify the Union of any such charges or actions. The Union shall maintain the exclusive right to defend, settle, mitigate damages, litigate or take whatever action it deems necessary and proper through attorneys of the Union’s choosing and at the Union’s cost. If the Company nevertheless decides to retain its own counsel, it shall do so at its own expense, and not at cost of the Union, unless such decision is based on a conflict of interest (in which case the Union’s attorneys could not represent both the Union and the Company, in which case the Union would continue to indemnify the Company for its reasonable attorney’s fees incurred as a result of defending such action).

6.4 DUES DEDUCTIONS

6.4.1 On call will be exempt from paying dues until such time they become fulltime or regular part time employees

Deductions from money due the Employee pursuant to this Article shall be made from the net earnings due the Employee payable on the first regular payday 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.

6.5 INSUFFICIENT EARNINGS

In the event an Employee does not have sufficient earnings on the first regular payday in the month to cover the amount of said deductions for that month, the Company shall make such deduction from the earnings due the Employee on the first regular payday of the next succeeding month. Except as provided above, deductions for applicable Agency Service Fees or Dues shall be for the current month only.

6.6 REMITTANCE OF DUES

Deductions shall be remitted to the Financial Secretary designated by the Union not later than ten

(10) days following the payday on which the deductions were made. The Company shall furnish to the Financial Secretary designated by the Union at the same time, a list showing those members for whom deductions have been made and the amount thereof.

6.7 WHEN DUES OR SERVICE FEES ARE NOT DEDUCTED

Should an Employee be promoted or transferred to a position outside the Bargaining Unit and not covered by this Agreement, the Company shall cease deducting applicable Agency Service Fees or Dues from such Employee. When ceasing to deduct applicable Agency Service Fees or

Dues for reasons cited in this section, the Company shall submit to the Financial Secretary designated by the Union the names of such Employees who have been promoted or transferred.

6.8 NO SOLICITATION

There shall be no solicitation of Employees for Union membership, Dues or Agency Service Fees conducted within the confines of Mac Dill Air Force Base during times when either the Employee (or Employees) being solicited or the Employee (or Employees) performing such solicitation are being paid by the Company to perform work. Employees may solicit for membership during meal and break periods. At the beginning of each month the Company shall provide to the Union a list showing the names of newly hired Employees to the Bargaining Unit and the classification to which they have been assigned by the Company.

6.9 DISCHARGE FOR FAILURE TO PAY

Upon written request by the Union, the Company will within ten (10) working days after receipt of notice from the Union, discharge 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 Agreement and in accordance with the governing law. Any Employee so discharged shall be deemed to have been discharged for “just cause.” “Good standing” is defined as in compliance with standards permitted by NLRB and court decisions relating to Union Agency Shop requirement.

6.10 DUES AUTHORIZATION FORM

Section 5.5 – Check off Authorization Form. The Company shall not deduct any monies from an employee's wages pursuant to Section 4.1 of this Agreement unless the Union provides the Company a signed copy of the Union Application to join the Union.

ARTICLE VII—SENIORITY

7.0 All on call employees are exempt in this Article

7.1 The Company and the Union accept the principal of contract seniority, for benefit purposes only, commencing with the first date of the employee’s unbroken, continuous service with the Company at MacDill Air Force Base, Tampa, Florida. Previous employment with another of the Company’s projects will also be credited for benefits purposes only. The principles are based upon the following criteria as set forth in this agreement.

Each employee will have Company seniority beginning on his first date of employment with Triad Logistics Services Corporation. Each employee will have seniority in which the employee is assigned as defined below.

a. Date of hire

b. Classification as set forth in Article XXI section 21.1

c. Employee status as set forth in Article I section 1.2

When two (2) or more employees otherwise would have identical seniority, rank will be determined by the last four digits of their social security number, the lower number being the most senior.

7.2 CONTINUOUS SERVICE CREDIT. The principle of continuity of service is recognized for the purpose of benefits in accordance with and subject to the provisions of this Agreement. For purposes of the Agreement each employee will have continuous service credit from the first date of the employee’s unbroken service at the MacDill Air Force Base, Florida.

7.3 CONTINUITY OF SERVICE. The continuous service credit and seniority of an employee will be broken under the following conditions, and when so broken, the employee will be for all purposes considered a new employee if and when rehired:

a. Resignation or voluntary termination of employment unless rehired within 30 days.

b. Discharge for cause.

c. Unauthorized absence after the time limit of an authorized vacation or an approved absence, unless satisfactory evidence of inability to report for work is shown.

d. Layoff without recall to work within two (2) years from date of such layoff.

e. Failure to report to work in accordance with recall procedures.

f. Illness or injury leave for more than one (1) year.

g. Transfer to non-bargaining unit work for more than one hundred twenty (120) days within the length of this agreement.

7.4 SENIORITY OF UNION REPRESENTATIVES. As long as there is work available which they are capable of performing, the Union stewards will hold seniority over all employees in their respective job classification. This Section will apply only in case of layoff.

7.5 SENIORITY FOR EMPLOYEES ON LEAVE. Unless specifically covered elsewhere in this Agreement, employees on leave of absence will continue to accrue seniority for a maximum of six (6) months following the employee’s departure.

7.6 PROBATIONARY EMPLOYEES. Employees will be considered on probation and not entitled to seniority until they have completed sixty (60) calendar days of continuous service at the Air Force Station, Mac Dill, Florida, for the Company. Upon completion of said period of employment, the employee will be considered a regular employee; and the employee’s seniority will date from the start of the probationary period. There will be no requirement that the Company reinstate or rehire probationary employees if they are discharged during the probationary period. Such discharge will not be subject to the grievance process.

7.7 SENIORITY LISTS. Semi-annually, the Company will supply the Union with a seniority list of employees covered by this Agreement. Any employee may contest the accuracy of their seniority status, in writing; and if an error is established, correction will be made. After thirty (30) days from when supplied by the Company and posted on the Union bulletin board, the seniority status of all employees shown on the list as corrected, will be incontestable. The Union will be notified of additions or deletions to the seniority list between postings.

7.8 INDEFINETE LAYOFFS. In the event of site layoffs, the Company will be required to give one (1) week’s pay for every year of completed service to all fulltime and regular part time employees at their current rate of pay. The maximum is 4 weeks after 4 years of employment.

Layoffs will be based on seniority, taking into account documented work quality, work productivity, work ethic, safety, and absenteeism/tardiness. If the Co. and Union mutually agree, The Co will allow the most senior employee to take the layoff.

7.9 RECALL. Laid off employees shall have recall rights for a period of twenty-four (24) months following their layoff. Before hiring a new regular full-time or part-time employee in a classification in which an employee has been laid off within the last twenty-four (24) months, the Company will notify the laid off employee of their recall. Laid off employees shall be recalled based on reverse seniority.

It is the responsibility of the laid off employee to keep the Company notified of their availability for recall and whereabouts. Notice of recall by the Company shall first be made by telephone to the employee’s last known phone number on record. If the Company cannot reach the employee by phone, notice of recall will be by certified or registered mail. If no response is received by the Company within seven (7) days of receipt of the certified or registered letter, seniority will be broken and recall rights forfeited by the employee.

ARTICLE VIII—VACANCIES, PROMOTIONS AND TRANSFERS

8.1—POSTING AND BIDDING FOR VACANCIES AND NEW JOBS

All promotions and transfers between shops or job classifications within the bargaining unit shall be in accordance with this Article and the principles of seniority.

8.1.1 Bargaining Unit Positions. Bargaining unit vacancies and positions will be filled by a volunteer(s) who is the most senior, qualified employee(s) bidding for the position, provided there is no employee(s) in layoff status who was laid off from a position equal to or above the position being filled and who is willing to accept a return to the position being filled.

8.1.2—Posting. All vacancies and all job openings shall be posted on every Company shop bulletin board. Such notices shall be posted on the Company bulletin boards for three (3) workdays, prior to the filling of the vacancy. The bulletin will state the number of jobs to be filled, the scheduled location of the job, the shift, the rate of pay for each job to be filled, and the job description of the work required. The notice shall be posted prior to 0700 hours on the first day of posting.

Any bargaining unit employee may bid for the vacancy or job opening. An employee bidding for more than one (1) vacancy shall indicate the order of preference on each bid. If he is the senior bidder for more than one (1) vacancy, he shall have the opportunity to qualify only for the vacancy or job opening ranked highest in his preference. All bids will be made in duplicate (2) written copies; one copy of each document shall be furnished to the Company and one copy of each document shall be furnished to the Chief Steward/Designee.

When the most senior qualified bidder is selected to fill the vacancy or job opening, the Company will announce the selection on Company bulletin boards along with the applicable seniority date of the successful bidder within five (5) business days.

8.2—TRANSFERS OF PERSONNEL DURING LAYOFF

There shall not be any transfers of personnel from one classification to a classification where an employee is in layoff status.

8.3—TEMPORARY TRANSFERS OF PERSONNEL

In order to meet varying legitimate business conditions, the Company may temporarily transfer employees from one classification to another for up to eight hours in any workday. This section of the contract shall not be used to avoid the declaring of a vacancy in the classification being filled by the temporary transfer. Employees shall not suffer a reduction in wages when working in a classification with a lower wage rate; however employees shall be paid the higher wage rate for all hours worked in the higher classification.

Any position may be temporarily filled by the Company by any means at its disposal, pending the outcome of the recall and bidding procedures and the Company will make every reasonable effort to fill the position from within the bargaining unit. Employees transferred from one classification to another shall not suffer a reduction in wages and shall be entitled to a higher wage rate for all hours worked in a higher classification.

ARTICLE IX—LAYOFF PROVISIONS

9.1—INDEFINITE LAYOFF

This provision is not applicable to extra board employees.

Ten workdays prior to any indefinite layoff the Company shall notify the Steward/Designee and all Employees in the affected classification(s) to be laid off. This provision is not applicable to seasonal employees. For the purpose of an indefinite layoff Employees shall be laid off as follows:

9.1.1—in instances where the Company must conduct a layoff, senior Employees covered under this Agreement will be allowed to volunteer for such layoff. If an Employee elects to take a layoff out of seniority, then it is understood that such Employee shall forfeit all recall rights.

9.1.2—Therefore Employees in the affected classification having the least seniority shall be laid off. An Employee notified of indefinite layoff has twenty-four (24) hours (excluding Saturday and Sunday) from time of notice to file a written request to roll a junior employee (if available) in any classification for which he is qualified. Such Employee who would otherwise be laid off, shall, if he has the qualifications to perform work, or if he previously held the classification, shall be allowed to (at the Employee’s option):

9.1.2.3—Displace the least senior Employee in the next wage classification for which he/she is qualified; or

9.1.2.4—displace the least senior Employee in any classification he/she previously held or is qualified to perform work.

9.2 TEMPORARY LAYOFF

Section 7.1 of this Article shall not apply to temporary layoffs of one (1) workday or less duration or for a longer period extended by mutual agreement.

9.2.1—Temporary lay-off of one (1) work day or less shall be made by classification in accordance with seniority and qualifications.

9.2.2—Temporary layoffs shall be limited to no more than one day in a thirty-day period per Employee.

ARTICLE X—LEAVES OF ABSENCE

10.0 All on call employees are exempt from this article

10.1—UNPAID LEAVES OF ABSENCE

10.1.1—Union Employment. An Employee elected or selected to a full time job in the local Union, AFL-CIO, or the International Union, which takes him from his employment with the Company, shall upon written request to the Company receive leave of absence, without pay, for a period equal to his tenure of employment with the Union, not to exceed four (4) years. Upon completion of his leave of absence during the existence of this Agreement, he shall be re-employed according to his seniority in work generally similar to that which he did last prior to leaving at the wage rates existing at the time of his return, provided such work is available for him according to his seniority, and he has the ability to perform such work. Seniority shall accumulate during such leave of absence.

10.1.2 Union Leave. Leaves of absence without pay, not to exceed three (3) weeks unless agreed upon, will be granted by the Company, on ten (10) days written request of the Union, when possible, to Union representatives in a number not to exceed that allotted by the International Union, in accordance with its constitution for the purpose of attending national conventions of the Union, and to Union representatives in number not to exceed that allotted by the State Federation of Labor, in accordance with its constitution for the purpose of attending state conventions of the Union, local and district lodge auditing committees, tellers in local and district lodge elections, official and Union schools, The number of Employees attending Union Negotiating Committee functions shall not exceed one (1) Employee. Employee’s time away from work under this type of leave of absence (up to eight (8) hours per day) shall be considered as hours paid, not to exceed 2 days per year. The union will pay all hours paid and incidentals to the Committee if negotiations last longer than two (2) days. The Company or Union may waive the ten-day notice when calls are of an emergency nature. It is the intention of the Union to honor and respect the requirements of production in requests for leaves of absence for such delegates.

10.1.3 Medical Leave. Leaves of absence for temporary disability shall be granted to Employees without pay for a period not exceeding 90 days. Employee’s time away from work under this type of leave of absence (up to eight (8) hours per day) shall be considered as hours paid for the purpose of Section 15.1 but shall not be considered hours paid for overtime computation purposes. If the disability continues beyond the 90 days, the leave of absence shall be extended for a total leave of absence of up to twelve (12) months provided the Employee furnishes the Company with a report from a reputable physician stating the necessity for such extension. Employees shall be entitled to Short Term Disability Benefits during the initial Medical Leave period.

10.1.4 Listing Provided to Union. At the end of each month the Company shall furnish the Chief Steward/Designee a list of Employees on extended leave of absence for disability. This list shall include the date each leave commenced.

10.1.5 Leave For Personal Reasons. If no paid leave is available, emergency leaves of absence without pay for relatively short periods (for one hour or more up to three (3) workdays), not to exceed forty (40) hours per year, may be verbally granted to Employees, production requirements permitting, by the immediate supervisor for personal reasons and seniority shall accumulate during such leaves.

10.1.6 Workers Compensation Leave. Employees away from their jobs because of a compensable injury or compensable disease as defined by the Workers' Compensation Act of Florida shall be given leave of absence without pay, not to exceed two (2) years or their seniority recall rights, whichever is less, and shall accrue seniority while on such leave.

10.1.7 Extended Leave For Personal Reasons. All applications for an extended leave of absence three to ten work days in duration shall be made to the immediate supervisor (unless beyond the Employee's capability) on a form provided by the Company and if approved, or disapproved, the Employee shall be so notified in writing.

10.1.8 Military Annual Training Leave and Augmented Pay. Employees ordered to active duty for annual training with the National Guard or organized military reserve units, shall be granted a leave of absence not to exceed two (2) weeks each fiscal year, provided the Employee furnishes the Company a copy of his military orders at the time the leave of absence is requested.

Such leave of absence shall be referred to as military leave. Employees granted military annual training leave shall be paid the difference in the earned military pay (base plus all allowances) he received while on military annual training leave and the pay he would have received had he worked his regular schedule during his leave of absence. In order to be eligible for military annual training leave pay, the Employee shall be required to furnish the project manager a leave and earnings statement setting forth the amount of military pay he earned during his leave period.

In the event an Employee is ordered to active duty in the National Guard or organized military reserve units, he shall be granted leave of absence provided the Employee furnishes the Company a copy of his military orders at the time the leave of absence is requested, Such leave of absence shall be referred to as military leave. Employees granted military leave shall be paid the difference in the earned military pay (base plus all allowances) he received while on military leave and the pay he would have received had he worked his regular schedule during his leave of absence, not to exceed one year. In order to be eligible for military leave pay, the Employee shall be required to furnish the project manager a leave and earnings statement setting forth the amount of military pay he earned during his leave period. Employees may request vacation leave pay while in a military annual training leave of absence status. An Employee granted vacation leave pay while on military annual training leave shall receive vacation leave pay at his regular rate in addition to the military annual training leave pay differential. The payment of vacation leave pay during a military annual training leave of absence does not establish eligibility for holiday pay.

10.1.9 Voter Leave. An Employee shall be granted two (2) hours off from assigned Company duties to vote in any state or federal election without pay, subject to the following conditions:

a. The Employee must be a registered voter for the applicable election;

b. The Employee must actually vote; and

c. The Employee’s normal working hours prevents him from voting during a time when the polls are open.

101.10 Accumulate Seniority. Seniority shall accumulate during all leaves of absences defined above.

10.2 PAID LEAVES

10.2.1 Personal leave. Full time and regular part time Employees shall receive five (5) days of personal leave On October 1, 2014. Employees shall receive five (5) additional days every October 1 for the duration of this contract. Employees shall never accumulate more than five (5) personal days in any one year. All new employees will receive three (3) days of personal leave after 1 year of service. They shall receive the 5 days on their anniversary hire date and shall accumulate the 5 additional days thereafter on their anniversary hire date not to exceed 5 days in any one year.

10.2.2 Bereavement Leave. In the event of a death in the immediate family any Employee who has been on the payroll for a period of at least sixty (60) calendar days shall be reimbursed for a period of three successive days on which the Employee would have otherwise worked. He shall be paid for his regularly scheduled hours of work up to a maximum eight (8) hours per day at his average hourly earnings during the last full week of work.

An employee who has a death in his immediate family will be given three (3) days off at his regular rate of pay. An extra day with pay will be allowed if outside the state of Florida.

Immediate family is defined as the Employee’s legal spouse, mother, father, sister, brother, daughter, son, stepchildren, son-in-law, daughter-in-law, mother-in-law, father-in-law, stepparent, grandmother, grandfather, or grandchildren. Other family members may be considered under special circumstances after review and approval by Management/Supervisor.

Time paid in accordance with this Article shall not be considered as hours worked for the purpose of overtime computation.

10.2.3 JURY AND WITNESS DUTY. Employees who have been called to be selected to serve on jury duty or an Employee required to serve on jury duty shall be authorized time off.

Verification of an Employee’s attendance at court is required. Employees, who have been called to testify as witnesses in legal proceedings, either voluntarily or under subpoena, shall be authorized time off. Verification of an Employee’s attendance at court is required. A qualifying Employee (as referenced above) on jury or witness duty shall be paid the difference between payments made to the Employee for jury or witness fees, if any, and his normal weekly earnings based on the Employee’s last full week of work not to exceed two (2) weeks. The Company reserves the right to request that such Employee be dismissed from jury duty, if in the opinion of management it is necessary to keep the Employee on his current assignment.

10.2.3 FAMILY AND MEDICAL LEAVE ACT. The Company shall comply with the Family and Medical Leave Act’s applicable requirements.

10.2.4 ACCUMULATE SENIORITY. Seniority shall accumulate during all leaves of absences defined above.

ARTICLE XI—UNION REPRESENTATION

11.1—UNION BUSINESS REPRESENTATIVES

The Union Business Representative will be designated in writing to the Company and shall have access to the Logmet LLC and T Square Logistics Services Corporation facility located at MacDill Air Force Base, Tampa, Florida subject to normal base security procedures, for the purpose of adjusting disputes, investigating working conditions, and ascertaining that the Agreement is being adhered to, providing that there is no interruption of the Company’s business. These visits will be conducted during working hours. The Representative will notify the Project Manager twenty-four (24) hours in advance or as soon as possible.

11.2—GRIEVANCE COMMITTEE PERSON AND STEWARD

The grievance committee shall consist of, one (1) Steward/Designee who is a member of the Union and assigned to the area. The number of Shop Stewards and Committee Persons may, in the future, be increased or decreased by agreement of the Company and the Union.

11.3—UNION STEWARD/DESSIGNEE RESPONSIBILITIES

The Company recognizes the right of the Union to designate a Steward/Designee from the Company Seniority List who is members of the Union. The authority of the Steward/Designee so designated by the Union shall be limited to, and shall not exceed, the investigation and presentation of grievances or the representation of employees in accordance with the provisions of this Agreement. The Steward/Designee duties shall be performed during normal working hours for reasonable time durations after permission is granted by the employee’s supervisor to leave his normal work, when the supervisor determines that work requirements of the Steward/Designee as well as any employee with whom the Steward/Designee asks to meet, will allow. When the Steward/Designee has completed his duties, the Steward/Designee shall immediately report to the supervisor and return to work. An employee requesting to meet with his designated Union representative shall not be unduly or unreasonably denied the opportunity to meet with his Steward/Designee.

11.4—TEMPORARY TRANSFERS OF STEWARDS

No shop steward shall be permanently transferred or bumped out of his permanent assigned area of representation as specified above as long as there is work available therein for his job classification which he has the ability to and is willing to perform, seniority permitting, except by Agreement, however that no promotion shall result from his retention in such area.

11.5—NOTIFICATION TO THE COMPANY

The Union shall notify the Project Manager within 10 days after the effective date of this Agreement and furnish a complete list in writing containing the names of the Financial Secretary, Steward/Designees. Such list shall designate the office held and the area each Shop Steward is assigned as provided in this Agreement. Thereafter the Union shall notify the Project Manager of any changes, and the Company shall not be obligated to recognize or deal with the Financial Secretary/ Shop Stewards until receipt of written notification. In such cases the Project Manager of the perspective bargaining unit shall give immediate recognition.

11.6—STEWARDS MUST HAVE SENIORITY

Only Employees who have seniority and are members of the Union shall be eligible to be Shop Stewards in accordance with Union procedures.

11.7—FULL TIME UNION REPRESENTATIVES

Full time representatives of the Union or their designees shall have access to Grievance meetings in STEP 3 of the Grievance Procedure and to arbitration hearings. A full time representative of the Union shall be granted access to the bargaining unit worksites upon request to the Project manager.

11.8—SAFEGUARDING OF STEWARD MATERIALS

The Company will provide the means to conduct a private meeting and will have locking filing cabinets provided by the Union, to safeguard materials for the exclusive use of the Steward/Designee.

ARTICLE XII—GRIEVANCE PROCEDURE

12.1—DEFINITION OF GRIEVANCE

The term “grievance” as used in this Agreement means any dispute arising regarding the interpretation, application, and claim of breach or violation of this Agreement.

12.2—GRIEVANCE PROCEDURE

STEP 1. An aggrieved Employee may first present his Grievance verbally to his supervisor, with or without his Shop Steward, as the Employee may determine. An Employee desiring to execute STEP 1 of the grievance procedure, must do so within five work days after the occurrence of the Grievance or within five work days of the date he became aware of the circumstances giving rise to the Grievance, whichever is later. An Employee having a Grievance shall be given a reasonable time to take the Grievance up with the Shop Steward during working hours without loss of pay to the Employee. Upon the Employee’s verbal presentation of a Grievance to his supervisor, the supervisor and the Employee shall sign a written statement that shows that the Grievance was presented to the supervisor along with the date the Grievance was presented and the supervisor shall provide an answer to the aggrieved Employee and his Shop Steward.

STEP 2. If the Employee is unable to adjust the Grievance with his supervisor to the Employee’s satisfaction, he may reduce it to writing on a form furnished by the Company, provided that the written Grievance is signed by the Employee and is filed with the Employee's supervisor within (a) ten (10) work days after the Grievance is verbally presented to the supervisor or (b) ten (10) work days after the occurrence of the Grievance or the date the Employee first became aware of the circumstances giving rise to the Grievance, whichever is later. Any Grievance not timely filed under STEP 2 shall be waived absolutely without recourse to arbitration or appeal. The Company may elect to have a meeting in STEP 2, to be attended by the aggrieved Employee and the Steward/Designee. The Company and the Union representatives shall have authority to resolve and settle the Grievance at the meeting, whether by concession, withdrawal or compromise. If the Grievance is settled, such settlement shall be reduced to writing and signed at the meeting, and the Grievance shall not thereafter be processed further. A Grievance settled in STEP 2 shall not set a precedent binding on other Grievances. If the Grievance is not settled in STEP 2, the Company shall give a written answer to the Union within 10 workdays after the written Grievance was filed.

STEP 3. If the Grievance is not settled in STEP 2, the Union may process it to STEP 3 by forwarding the Grievance, and attachments or references, if any, to the Project Manager within 10 work days after the Company's STEP 2 Answer is received by the Union. The following procedures apply to grievances processed to Step 3:

a. The Grievance will be acknowledged, date and time of receipt indicated, and a copy will be returned to the Union immediately. The Grievance will be considered in STEP 3 at the next meeting of the Grievance Committee, provided the Company receives the Grievance ten (10) calendar days prior to the STEP 3 meeting. Grievances received by the Company after that time will be processed in the next following Grievance Committee meeting.

b. STEP 3 meetings will be scheduled as requested by the Union to process any grievances pending in Step 3, unless otherwise mutually agreed to by the parties.

c. The persons attending the meeting in behalf of the Company and the Union shall have the authority to resolve and settle the Grievance at the meeting, whether by concession, withdrawal, or compromise. If the Grievance is settled, such settlement shall be reduced to writing and the Grievance shall not thereafter be processed further. It will be indicated on the Grievance answer form whether or not such settlement will set a precedent binding on other Grievances. If the Grievance cannot be resolved, the parties may mutually agree to extend, or the Company shall give a written answer to the Union within 5 workdays after the STEP 3 meeting.

12.3—REFERRAL TO ARBITRATION

Any Grievance that has not been settled after following the Grievance Procedures may be appealed to arbitration by the Union, but not the aggrieved Employee, through a written notice of its intent to appeal the grievance to arbitration. The Union shall serve upon the Company written notice of its intent to proceed to arbitration within forty-five (45) calendar days after receipt of the Company’s written STEP 3 answer. Any written notice to arbitrate not timely delivered to the Company shall constitute a waiver of the Union’s and aggrieved Employee’s right to appeal to arbitration, and the Company’s decision shall thereafter be final, binding and not subject to appeal as to the Union, Company and Employee.

12.4—SELECTION OF ARBITRATOR

Not later than ten (10) working days after the Union serves the Company with written notice of intent to appeal a Grievance to arbitration, the Company or the Union shall proceed with the processing of a request for the Federal Mediation and Conciliation Service (FMCS) to furnish, to the Company and the Union, a panel of impartial arbitrators, all of whom shall be members of the National Academy of Arbitrators. Within ten (10) working days after receipt of the panels by the Company, the Company and the Union shall make the selection by alternately striking (the first strike shall be determined by the flip of a coin) names from the list, until only one (1) name remains. The arbitrator whose name remains shall be the arbitrator selected by the parties to be the impartial arbitrator. In the event the arbitrator selected by the parties is unable to serve as the impartial arbitrator, the preceding name on the list shall be the arbitrator selected, and so on until a selected name is able to serve.

12.5—EXTENSION OF TIME…