Attach_3_TA_CBA_1_Jul_14_-_30_Jun_16.pdf

i

AGREEMENT

BETWEEN

MILITARY AVIATION & COMMERCIAL

CLEANING SERVICES INC

TYNDALL AFB, FLORIDA

AND

THE INTERNATIONAL ASSOCIATION OF

MACHINISTS

AND AEROSPACE WORKERS

AND IT’S

LOCAL LODGE 449

OF

DISTRICT LODGE 75

FOR EMPLOYEES WORKING AT TYNDALL AFB, FLORIDA

EFFECTIVE

July 1, 2014 THROUGH June 30, 2016

ATTACH 3

ii

TABLE OF CONTENTS

ARTICLE SECTION TITLE PAGE

Preamble iv

1 General Conditions of Contract 1

1 General Provisions 1

2 Recognition and Exclusive representative 1

3 Period of Agreement 2

4 Right to Manage 2

5 Separability 3

6 Strikes and Lockouts 3

7 Security Regulations 4

8 Non-Discrimination 4

9 Union/Agency Shop and Check Off 4

10 Non-Bargaining Unit Work 6

2 Union-Company Relations 7

1 Union Stewards 7

2 Business Representatives and Union Officials 7

3 Bulletin Boards and Posting Notices 8

4 Information Provided to the Union 8

5 Official Union Business 8

3 Grievance Procedure and Arbitration 8

1 Definition of Grievance 8

2 Grievance Procedure 9

3 Arbitration 10

4 Seniority 11 1 Basis of Seniority and Establishment of Seniority Rights 11

2 Layoffs 12

3 Recall Rights 13

4 Loss of Seniority 14

5 Shift Transfer 14

5 Employment Conditions 15 1 Sanitary, Safety and Health Conditions 15

2 Drug and Alcohol Free Workplace 15

3 Personal Appearance 16

6 Employee Privileges 17

1 PTO 17

2 Military Reserve Training Leave 17

3 Bereavement Leave 17

4 Leaves Without Pay 18

5 Holidays 18

6 Rest and Lunch Periods 19

7 Jury Duty 19

8 Employee Benefits 20

9 Affordable Health Care Act 20 iii

ARTICLE SECTION TITLE PAGE

7 Pay Provisions 21 1 Wages 21

2 Overtime 21

3 Hours and Days of Work 21

4 Pay Period 22

5 Report Time and Call-Back Time 22

6 Additional Incidental Pay Issues 22

8 Job Classifications 23

9 General Provisions 23

10 IAM Pension 24

Signature Page 25

Appendix A (Wage Schedule) 26

Appendix B (Job description) 27

Machinists Custom Choice Worksite Benefits Program 34 iv

PREAMBLE

This Agreement is effective July 1, 2014, by and between Military Aviation & Commercial Cleaning Services Inc, hereinafter referred to as the "Company", and Local Lodge 449 of District

Lodge No. 75 of the International Association of Machinists and Aerospace Workers, AFL-CIO, hereinafter referred to as the "Union".

ARTICLE 1

GENERAL CONDITIONS OF CONTRACT

Section 1- General Provisions

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

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

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

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

Agreement and shall not require the ratification of the membership.

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

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

Section 2 - Recognition and Exclusive Representation

A) Definition of Bargaining Unit and Employees Covered by this Agreement.

The Company recognizes the Union certified by the National Labor Relations Board in May

19, 2006 as the exclusive representative and bargaining agent with respect to rates of pay, wages, hours and other conditions of employment for the bargaining unit comprised of all full-time and regular part-time employees in the classifications identified in the Case No. 12-

RC-8655 and any additional classifications included in Appendix A who are employed at Tyndall AFB, Panama City, Florida facility on contract number FA4819-11-C-0011 which was formally FA4819-06-C-0002, and any additional classifications that may be added in accordance with the provisions of this agreement.

B) Employees Excluded from the Bargaining Unit

Excluded are all office clerical employees, guards, professionals and supervisory employees as defined by the National Labor Relations Act employed at Tyndall AFB, Panama City, Florida facility on contract number FA4819-11-C-0011.

Section 3 - Period of Agreement

A) This agreement shall be effective July 1, 2014 and shall remain in full force and effect to and including June 30, 2016 and thereafter from year to year until modified, amended, or terminated, as hereinafter provided. Not more than seventy-five (75)* days nor less than sixty

(60) days prior to the expiration date of this Agreement, or prior to the expiration of any subsequent yearly period, either party may give to the other party written notice of desire for modifications or amendments. The parties agree to schedule negotiations within fifteen (15) days after the giving of such notice. In the event of a failure of the parties to reach agreement upon modifications or amendments to the Agreement by the anniversary date of this Agreement, either party at any time thereafter may terminate this Agreement by giving written notice to the other specifying the date of termination five (5) days in advance of such date.

*Where not otherwise specified, any reference to "days" in this Agreement shall mean calendar days.

B) Any notice given under this section shall be deemed to be served when mailed postage prepaid, registered mail, return receipt requested, or delivered in hand, to the Project Manager of Military Aviation & Commercial Cleaning Services Inc. at Tyndall AFB in Florida for service upon the Company, and when similarly mailed, or delivered in hand, to District

Lodge 75, in behalf of Local Lodge 449, in Enterprise, Alabama for service upon the union.

The date of receipt shown on the registered mail return receipt or the date of written receipt of personal service shall be the controlling date for all purposes under this Agreement.

C) After the Company and Union negotiation committees have concluded negotiations of the Agreement, all such amendments and modifications must be accepted or rejected as a whole

(without acceptance or rejection of parts thereof) by the Company and the Union.

Section 4 - Right to Manage

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

and otherwise to take such measure as management may determine to be necessary to the orderly, efficient or economical operation of the business.

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

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

Section 5 – Separability

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

B) The Company and the Union shall, within thirty (30) days, negotiate the provision of the

Agreement affected by such legislation or court decree. Any modification or changes to this agreement brought about by the above negotiations shall be in writing and signed by the parties hereto.

C) This Agreement shall be binding upon the corporate successors and assigns of the Company.

The Company shall notify the Union at least 60 days prior to any change in ownership that would create a successorship situation.

Section 6 - Strikes and Lockouts

A) It is the intent of the parties, in the interests of attaining a peaceful, orderly relations and efficient, uninterrupted operations, to set forth in this Agreement the obligations of the

Company to the Union and the employees it represents, and to provide the exclusive procedures through which the Union, the Company, and the employees shall resort to secure redress for grievances arising from this Agreement.

B) The Union shall not cause nor permit its members to cause, nor shall any member of the

Union take part in any strike, work stoppage, sit-down strike, stay-in, sympathy strike or slowdown in any Company location or any curtailment of work or restriction of production or interference with the operations of the Company.

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

D) Any employee found guilty of violating this Article may be discharged or subject to other disciplinary action as the Company may consider appropriate subject to the grievance procedure outlined in Article 3.

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

Section 7 - Security Regulations

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

Government. The Union agrees that nothing contained in this agreement shall place the

Company in violation of security requirements with the Government.

B) 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 loss of required clearances and unescorted entry authorization by such governmental agency may be cause for release from the Company, due to inability to meet job requirements.

C) It is understood that there shall be no liability on the part of the Company, or the

Union, for any release 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.

D) The Company will reinstate the seniority of an employee whose denied security clearance is reinstated by the Federal Government provided, such reinstatement occurs within sixty days (60) from the original date of denial. Any employee whose seniority is reinstated under this provision will be reinstated in his previously held occupational title. In those cases where reinstatement occurs later than sixty (60) days the employee will be reinstated to the previously held occupational title where a vacancy exist, or any lower classification he/she is qualified in where there is a vacancy so long as such reinstatement does not occur more than eighteen (18) months from the dat e the employee left the company.

Section 8 – Non-Discrimination

The Company and the Union separately and jointly recognize their obligation to abide by those state and federal laws relating to equal employment opportunity and nondiscrimination. The

Agreement shall be applied fairly and shall not in any way be used to discriminate against employees on account of race, color, religious affiliation, sex, age, national origin, veteran, or handicap status. It is understood that wherever in this Agreement employees or jobs are referred to in the male or female gender, it shall be recognized as referring to both male and female employees.

Section 9- Union/Agency Shop and Check Off

A) During the existence of this agreement, the Company, insofar as permitted by stat e and federal laws, will deduct out of the current net earnings payable to an employee covered by this agreement, Union dues and an initiation fee or reinstatement fee upon receipt of and in accordance with a deduction authorization, duly executed by the employee, on a card as agreed upon between the Company and the Union and shall continue deductions until such authorization is duly revoked by the employee. Authorization must be on a card before said authorization will be accepted by the Company.

B) Each employee in the bargaining unit shall, beginning on the 31 st day following the execution of this Agreement or the 31 st day following his/her employment, rehire, reinstatement, reemployment, recall, transfer, or regression into the bargaining unit, as a condition of employment, execute and deliver to the Company (with a copy to the

Union) a Union Dues or Agency Fees Deduction Authorization as provided for in this Article that shall authorize the Company to deduct from the employee's pay an amount of money equal to the Union's regular and usual initiation fee or reinstatement fee and its regular, uniform and usual monthly Union dues/Agency fees to be remitted to the General Secretary-Treasurer of the International, or pay directly to the Union an amount of money equal to the Union's regular and usual initiation fee or dues as certified by the Secretary-Treasurer of the Local Lodge designated by the International

Association of Machinists and Aerospace Workers. It is understood that Union dues or Agency fees are due and payable on the first payday of each month. Employees electing to use the Union Dues or Agency Fees Deduction Authorization shall be deemed to have met their obligation under this Article when the Company properly deducts Union dues or Agency fees from their paycheck on the first pay period of each month.

Employees electing to pay their Union dues or Agency fees directly to the Union shall make Union Dues or Agency Fees payments to the Union by the end of the calendar day on which the employee is paid. However, MACCS will not discriminate against any employee for their personal Union interests. MACCS will not hire nor terminate an employee due to their non-participation.

C) Any employee within the bargaining unit who is required to contribute to the Union as provided for in Paragraph (A) of this Section and who is subsequently transferred or promoted out of the bargaining unit or laid off shall not be subject to any of the provisions of this Section during the period of time such employee remains outside t he bargaining unit or on layoff.

D) No employee within the bargaining unit shall be required to pay fees or dues covering any period during which the employee was not in the bargaining unit or was not on the

Company's active payroll including layoff.

E) An employee within the bargaining unit shall be considered in good standing for the purpose of this Article when such employee tenders the amount of money equal to the

Union's regular and usual initiation fee (due and payable only once per employee without regard to any interruption in service) or reinstatement fee and its regular uniform and usual monthly Union dues or Agency fees to an authorized agent of the Union or pays through authorized payroll deductions the Union's regular and usual initiation fee (due and payable only once per employee without regard to any interruption in service) or reinstatement fee and its regular uniform and usual monthly Union dues or Agency fees as are authorized by the employee to be withheld in accordance with this Article.

F) Employees may handle the matter of payment of Union initiation fees or reinstatement fees and Union Dues or Agency fees directly with the Union. In cases where deductions are made form those who have already paid Union initiation fees or reinstatement fees and

Union dues or Agency fees, the Union will make refunds directly to such employees.

G) Deductions shall be made for the accrued regular monthly Union dues or Agency fees of each employee in the bargaining unit for whom the Union Dues or Agency Fees Deduction

Authorization has been received, beginning with the pay for the first full pay period in the month following of receipt of such authorization, provided that sufficient earnings remain to cover Union dues or Agency fees after all deductions required by law are made, and such

Union dues or Agency fees deductions shall continue in like manner monthly thereafter, except as qualified in this Article.

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

H) The Union shall indemnify and hold the company harmless against any and all claims, demands, suits or other forms of liability that shall arise out of or by reason of action taken or not taken by the Company for purpose of complying with any of the provisions of the article.

I) The company shall continue to recognize and accept the deduction authorization forms currently in use between the parties.

Section 10 – Non-Bargaining Unit Work

A) Management/Supervisory personnel and/or highly specialized personnel, including, engineers, scientists, manufacturers’ technical representatives, and instructors/trainers may perform work of employees covered by the Agreement under the following conditions:

1) Managers/Supervisors are allowed to perform work of the bargaining unit when required.

However, this Section will in no way allow the Company to displace a bargaining unit employee or to reduce the work hours of bargaining unit employees.

2) For the purpose of instructing and training employees.

3) Under emergency conditions. The term “emergency” as used in this provision is defined to mean any unforeseen combination of circumstances, which would require immediate action.

4) In order to prevent injury to employees or damage to property.

5) Employees on their regular scheduled hours/days will not be denied said hours solely through replacement by management in an effort to further economize the scheduled workforce.

6) Managers will not insert themselves into the normally scheduled workforce, beyond their normal or necessary schedules, specifically to deny or avoid expending hours normally scheduled toward a bargaining unit employee.

ARTICLE 2

UNION-COMPANY RELATIONS

Section 1- Union Stewards

A) Upon execution of this Agreement, the Union shall promptly furnish the Project Manager, in writing, the names of the Union Stewards. Thereafter, the Union shall promptly advise the

Project Manager, in writing, of any change in Stewards. No Steward will be recognized as such by the Company prior to receipt of written notice of notification.

B) Duties of Stewards: Steward duties involve gathering information on alleged violations of the Agreement and processing grievances. The Steward, upon notification of the supervisor/manager, shall be authorized to devote up to four (4) hours per week to perform steward duties without loss of pay. This time may be extended by management at the request of the Steward if special circumstances arise. The supervisor/manager will not unreasonably deny authorization to the Steward to perform such duties up to the time specified.

C) It is agreed that a Steward may receive, but not solicit, grievances from employees. For purpose of this agreement, the term "solicit" means the steward will receive grievances from employees and not petition for grievances. However, this does not limit the Steward from notifying the employee(s) that he/she has been grieved due to a breach or violation of this agreement. The Union recognizes and agrees that a Steward will carry out his/her duties with a minimum of interference with the orderly progress of Company work.

D) One Chief Steward will be designated and assigned to Transit Alert.

Section 2 - Business Representatives and Union Officials

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

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

Section 3 - Bulletin Boards and Posting Notices

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

1) Notices of Union recreational affairs.

2) Notices of Union elections and election results.

3) Notices of Union appointments.

4) Notices of Union meetings.

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

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

Section 4 - Information Provided to the Union

A) A seniority list will be kept by the Chief Steward showing rates, classifications, shop and dates of hire. A copy of such list will be forwarded to the Human Resources office.

Section 5 - Official Union Business

It is agreed that the Company shall not be required to pay an employee for any time that he/she is taken away from his/her work to serve the Union in any official capacity or to serve on any Union

Committee, except as provided in the Agreement. Union officers, committeemen and stewards will be allowed authorized absence, without pay, to attend one (1) scheduled Union meeting each month, on a date and during the hours certified by the Business Representative of the Union. If appointment does not conflict with aircraft schedule or cause an overtime requirement by his absence.

ARTICLE 3

GRIEVANCE PROCEDURE AND ARBITRATION

Section I - Definition of Grievance

The term grievance (other than "Union grievance") as used in this Agreement is a written claim involving the interpretation, application or claim of breach or violation of a specific provision of this Agreement that the employee has not been able to adjust with his supervisor. The grievance must identify the specific provision of the Agreement that the Company is claimed to have breached or violated which, at the time such written claim is filed, denies to such employee a right given to such employee under such specific provision of this Agreement. Grievances cannot be pursued where specifically limited by the terms of this Agreement.

Section 2 - Grievance Procedure

A) The parties agree that all complaints and grievances should be resolved, whenever possible, with the immediate supervisor/manager and the employee involved. It is the intent and purpose of the parties to provide a fair and equitable procedure for the orderly settlement of all grievances. Any employee with a complaint or issue should meet with the appropriate supervisor/manager in order to discuss and resolve the issue. Both parties will make every effort to resolve the issue.

B) Once an employee has received a verbal or written response from his/her immediate supervisor/manager and does not agree with the answer he/she receives, the following procedure must be followed in an effort to settle grievances.

1) STEP ONE - The grievance must be reduced to writing by the employee or Steward on a form mutually agreed to by the parties. Such written grievance shall set forth the complaint and remedy sought, the facts on which it is based, the date(s) of occurrence, the specific Article(s), Section(s) and paragraph(s) of the Agreement which is claimed to be the basis for the filing of the grievance, and this, together with any accompanying statement, shall be dated and signed by the grievant and the Steward. Any grievance must be presented to the local Human Resources representative and/or the Project Manager within five (5) working days from the date the employee received a verbal or written response from his/her immediate supervisor/manager. If the employee or steward fails to present the written grievance within this time limit, the grievance shall be considered settled and no further action can be taken thereon. The local Human Resources

Representative, Project Manager, or the immediate supervisor/manager shall meet with the Steward and the grievant in an attempt to resolve the matter and render a written decision thereon within five (5) working days after receipt of the written grievance. The employee or Steward may amend the grievance and the Company may amend its answer prior to the Company’s written decision. Amendments to the grievance after the written decision has been rendered shall be made only by mutual agreement. If a settlement is reached it will be reduced to written form on the grievance form and the matter shall then be considered closed. If the Company fails to provide a written response within this time limit, the grievance shall be advanced to the next step.

2) STEP TWO - If not satisfactorily settled as outlined in (1) above, the written grievance may then be presented to the Project Manager no later than five (5) working days after receipt by the Steward of the decision rendered in (1) hereof. Otherwise, such decision shall be final and the employee shall have no further recourse. The Project Manager or the Manager of Human Resources or their designee shall meet with the Business Representative and the Chief Steward or their designee in an attempt to resolve the matter and render a written decision thereon within seven (7) working days after receipt of such appeal. If a settlement is reached it will be reduced to written form on the grievance form and the matter shall then be considered closed. If the Project Manager fails to provide a written decision within this time limit, the grievance shall be advanced to arbitration at the option of the Union.

C) It is understood that the time limits specified herein may be extended by mutual written agreement of the parties.

D) The Company and the Union may mutually agree to combine the grievance of an employee and other similarly affected employees in order to eliminate the need for multiple filings of grievances.

E) The Company and the Union may mutually agree in writing to waive any prior step of the grievance procedure and proceed directly to step two as described in (B) (2) of this section.

F) Grievances arising out of a discharge or suspension without pay shall be submitted directly to step two described in (B) (2) herein. Should the Union elect to pursue such a grievance, the written grievance signed by the employee must be submitted to the Project Manager within ten (10) working days of the effective date of the action. If a written grievance is not submitted to the Project Manager within ten (10) working days of the effective date of the action, the right of the employee or Union to grieve the action is waived and no further action can be taken thereon.

G) The Union shall have authority, with respect to any employee covered by this Agreement, to decline to process a grievance, complaint, or dispute if in the judgment of the Union such grievance or dispute lacks merit or justification under the terms and conditions of this Agreement, or has been adjusted or justified under the terms of the Agreement to the satisfaction of the Union.

H) Questions of interpretation on any provision of this agreement shall be made by at least one member of the negotiating committee of each party. Disputes of interpretations by these parties shall follow the appropriate grievance procedure outlined in Section 2 of Article III.

Section 3 – Arbitration

A) A grievance which either party desires to contest further, and which involves the interpretation or application of the terms of this Agreement, shall be submitted to arbitration as provided in this Article, but only if the Union gives written notice to the Company of its desire to arbitrate the grievance within ten (10) working days of the receipt of the decision provided in the step described in Article III, Section 2 (B) (2) or the grievance shall be deemed waived.

B) Upon notifying the Company of its desire to arbitrate a grievance, the Union shall also notify the Company of its representative who will present the case in arbitration. The Company shall notify the Union of its representative within four (4) days thereafter. Each of the parties' representatives shall have authority to discuss between themselves the possible settlement and compromise of the grievance, but in any event must proceed to arbitrate the matter as provided hereinafter within thirty (30) days after the Union's appeal to arbitration if no settlement has been reached by that time. This time limit may be extended by mutual consent of both the Union and the Company.

C) If the two parties' representatives are unable to reach a settlement, they shall immediately jointly request a list of qualified arbitrators from the United States Federal Mediation and

Conciliation Service. The request shall be for a list of seven (7) qualified arbitrators. The Union and the Company shall alternately strike one name from such list (the right to strike the first name having been determined by lot) until only one name remains and that person shall be the arbitrator.

D) The parties' representatives shall make the necessary arrangements to arbitrate the grievance, including the preparation and signing of a submission agreement which states the issue. In the event the parties' representatives are unable to agree upon the issue, the arbitrator shall determine the issue.

E) The arbitrator shall have the authority to determine, the rules of evidence and procedure and to adjourn or continue the hearing from time to time. All expenses incurred by the arbitrator including the fee and expenses which he authorized in connection with the arbitration, shall be shared equally by the parties. Costs incurred by the respective parties for their witness(s) shall be borne by the respective party.

F) This Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties and by the arbitrator in the same manner as any other contract under the laws of the land. The function and purpose of the arbitrator is to determine disputed interpretation of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The arbitrator shall have the authority to interpret and apply the provisions of this agreement. The arbitrator shall not have the authority to amend or modify this Agreement or to establish new terms and conditions of this

Agreement. The decision of the arbitrator shall be in writing and shall not be made until both parties have had reasonable opportunity to present their case, together with arguments and briefs as desired. Said decision shall be given not later than thirty (30) days after the submission of the final briefs. It is understood and agreed that a decision of the arbitrator made in accordance with the requirements hereof shall be final and binding on both parties.

ARTICLE 4

SENIORITY

Section 1 - Basis of Seniority and Establishment of Seniority Rights

A) Probationary Period

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

B) Temporary Employees

It is agreed that the Company will have the right to temporarily utilize production and maintenance personnel to perform work that exceeds the manpower immediately available. It is clearly understood this will be considered bargaining unit work, and those utilized to perform the type of work described in this section will be considered bargaining unit employees. The Company will have the right to utilize such personnel in situations not to exceed sixty (60) cumulative days in any four (4) month period. The Company and Union may mutually agree to extend that period by sixty (60) cumulative days or two (2) months.

The Union will not unreasonably deny a request for extension of the time period. Employees on recall will have first right of refusal for temporary work. In instances that employees are recalled to perform such temporary work, they will have the right to accept or decline recall and remain on the recall list for the next available regular opening. All personnel hired or recalled for temporary work shall be considered temporary personnel and shall be paid the appropriate wage rates listed in this Agreement. Temporary employees may be laid off without regard to the provisions of Article IV, Section 2. Temporary personnel will not attain recall rights as provided in Article IV, Section 3. If a temporary employee described herein works more than one hundred twenty (120) cumulative days in any six-(6) month period, he/she shall gain status as a regular employee as described in (A) above. Time spent in temporary status shall count as site seniority if the individual becomes a regular employee.

C) Types of Seniority

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

1) Company Seniority commences with the date of placement on the payroll of the

Company under the agreement in any job classification.

2) Site Seniority represents the continuous unbroken accumulated time each employee has spent under the services of the Company and predecessor private contractor(s) in the performance of similar work on the same basis on the Tyndall AFB Maintenance Support Contract. Site Seniority will be utilized in the application of sections 2, and 3 of this article.

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

D) Rehire Seniority

Employees who may be rehired onto the contract will have their site seniority date based upon their date of rehire.

Section 2 – Layoffs

A) When it is determined by the Company that a reduction in force is required, the Company shall designate the number of positions to be reduced by job classification within a shop and technical specialty as defined by the Company.

B) The Company will afford employees at least a two (2) week notice of a reduction in force, except where circumstances beyond the Company's control prevent such timely notification.

C) In the event of a layoff, the employee who is designated to be laid off in accordance with (A) above will be the least senior employee in the same/designated job classification.

Section 3 - Recall Rights

A) General

1) An employee who is laid off in accordance with Section (2) of this Article, shall retain recall rights in accordance with their site seniority as follows:

2) Employees who have been laid off shall retain the recall rights mentioned herein for a period not to exceed eighteen (18) consecutive months from the date of layoff.

Employees removed from lead positions as a result of a reduction in force shall not have recall rights to any lead position.

3) Employees who are laid off from the service of the Company due to a general layoff for a period not to exceed eighteen (18) consecutive months shall retain the months and years of site and Company seniority held at the time of layoff. Once returned to work during this period the employees’ seniority will again begin to accrue from the date of recall.

B) Recall Notification

In recall from layoff, the Company shall mail a registered or certified (return receipt requested) notice of recall to the appropriate employee. Recalled employees must respond within seventy-two (72) hours after receipt of notification, and must report for work within ten (10) work days unless extended by the Company.

C) Address on File

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

D) Address Requirement

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

E) Layoff - Recall Listings

Layoff listings and recall notifications will be copied to the Business Representative/or his designee of the Union.

Section 4 - Loss of Seniority

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

1) Discharge for just cause

2) Resignation

3) Failure to respond to recall notification within the time frame established in this agreement.

4) Failure to be recalled from general layoff within eighteen (18) months after such layoff.

5) Failure to report to work upon expiration of an approved leave of absence.

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

7) Unexcused absence from work.

8) Failure to return to active payroll for a continuous period of eighteen (18) months due to an occupational or non-occupational physical or mental impairment.

Section 5 – Shift Transfer

(A) Shift Rotations

1) Employees will rotate between shifts.

2) The Project Manager will submit a plan of rotation to management for approval no later than 30 days after the effective date of this Agreement and 10 days prior to any modification of the approved schedule.

3) Employees may voluntary switch shifts with the supervisor/manager’s approval.

4) Required manning levels between shifts will be maintained.

ARTICLE 5

EMPLOYMENT CONDITIONS

Section 1 - Sanitary, Safety and Health Conditions

A) General

The Company agrees to maintain sanitary, safe and healthful conditions in all its operations and working establishments in accordance with Federal law and the laws of the State, County and City of its place of operation.

B) Safety Rules and Regulations

Employees shall be required to comply with all safety rules and regulations established by the Company and government agencies, and to wear such protective clothing or use such safety equipment as may be required and furnished by the Company.

C) Clothing and Safety Equipment

As directed by the Company, protective clothing and safety equipment will be utilized by the employee during his/her performance of jobs requiring such equipment usage.

D) Medical Examinations

Should the Company have reason to believe an employee covered hereby is physically or mentally unable to satisfactorily perform the duties of his/her job classification, such employee shall be required to take such medical examination as may be directed by the

Company. The Company shall pay for such examination. The Company will select the physician that will conduct the medical examination.

E) Training

Training and certification for hazardous material handling will be accomplished in accordance with applicable Federal and State guidelines.

Section 2 - Drug and Alcohol Free Workplace

The Company and the Union recognize the importance of maintaining a drug and alcohol free workplace and agree that the Company can, from time to time, implement changes to its current rules and regulations designed to identify drug and alcohol use and to fix and impose penalties for the violation thereof.

A) Random Drug Testing

1) Employees working on Tyndall AFB Maintenance Support Contract projects will be required to submit to drug testing on a random basis.

2) Selection of employees for random testing will be conducted through the use of a blind random number generator or other neutral selection process and will not include more than ten percent (10%) of employees in the designated pool in any given year.

3) When an employee is selected for random testing, the employee will be expected to show as scheduled.

4) An employee whose random drug test is deferred will be subject to an unannounced test within 60 days.

5) Other testing, as required by government contracts, and/or rules and regulations of federal government agencies, will be conducted under applicable terms and conditions.

6) Employees are expected to cooperate fully during a drug test. The employee will be advised that the drug test is mandatory, not voluntary. The employees will read and sign the Company’s Drug Testing consent form prior to testing. The form will include the authorization to release all of the results to the Company.

7) During an alcohol/drug test, the employee will be required to provide biological specimens. All testing will be conducted by a Company-approved medical testing laboratory, with split sample integrity and chain-of-custody procedures in place, to ensure proper specimen collection and handling security. Any test sample result that comes back positive will be re-tested to verify the accuracy of the results.

8) Where employees are found to have tested positive on a split sample random drug test, the employee will immediately be suspended without pay. Where an employee has been found to have tested positive on a split sample, the employee will be terminated, provided the specific gravities of the split sample are exactly identical to those of the first.

B) DIRECTED DRUG TESTS

1) An employee involved in any incident resulting in damage to property/aircraft or personal injury shall be directed to take a drug test.

Section 3 - Personal Appearance

A) The parties agree the following grooming standards shall apply:

1) Personal neatness, cleanliness and hygiene is the responsibility of each individual employee. Employees will be allowed to wear neatly trimmed beards.

2) Employees will wear their hair in a manner that does not violate established safety or OSHA standards. Hair ornaments or devices used to secure the hair that create a FOD or other safety hazard cannot be worn.

ARTICLE 6

EMPLOYEE PRIVILEGES

Section 1-PTO

Vacation accruals will be as follows:

Zero (0) to five (5) years service 104 hours per year

4.34 hours per pay period

Six (6) to nine (9) years service 144 hours per year

6.0 hours per pay period

Ten (10) to plus (+) years service 184 hours per year

7.67 hours per pay period

1) Full time employees will receive accrual amounts per pay period.

2) Employees who are working less than thirty-two (32) hours per work week, who are hired for a specified period of time with no guaranteed hours, or who do not work full time will receive a pro-rated amount of personal time off per hour worked. Part time employees will receive accrual amounts per pay period.

3) An employee can carry over no more than 1 years annual accrual amount. Any PTO carryover of the 1 year annual accrual amount will be paid out any PTO over that amount at the current wage rate. PTO can be taken in 1 hour increments.

Section 2 - Military Reserve Training Leave

An employee on the active payroll of the Company who is required to engage annually in up to fifteen (15) workdays of military reserve training shall be granted a leave of absence. All provisions applicable to State and Federal laws apply to this article.

Section 3 - Bereavement Leave

A) All employees shall be allowed time off, with pay, in the event of a death in their immediate family as follows:

1) Three (3) workdays in the event of the death of the employee’s father, mother, spouse, sister, brother, children, grandchildren, mother-in-law, father-in-law, grandparents, sister-in-law, brother-in-law and step relationships to include child, mother, father, brother or sister. “Children” includes a foster child who dies while placed in the employee’s home by a State Agency.

2) If an employee must attend services, and travels more than 300 miles will receive a 4 th day. Any employee that travels more than 600 miles will receive a 5 th day.

Section 4 - Leaves Without Pay

A) Leaves of absence without pay shall be granted to employees for a period not to exceed thirty

(30) calendar days during the year, subject to operational requirements of the Company. A leave of absence may be extended by the Company. A request for leave must be submitted on a Request for Leave of Absence form, and approved in writing by the applicable

Supervisor prior to the effective date of the leave. A copy of the approved or denied request must be given to the employee. In the event an employee protests the Supervisor’s refusal to grant such a leave of absence, the matter will be referred to the Project Manager for final determination.

In the case of emergency such as death, serious illness, or injury of a member of the employee’s family, a Leave Request may be processed without the employee's signature and subsequent to the employee's departure; however, such emergency leave must be promptly reported, approved by the applicable Supervisor or Manager and forwarded to the Human Resources Office.

B) Extended military leaves of absence will be administered in accordance with the Uniformed Member Employment Rights Act. Upon return from extended military leaves of absence, the employee will be reinstated.

C) Employees elected or selected to full-time jobs in the Local Union or the International Union, which take them from their employment with the Company, shall receive leave of absence, without pay, aircraft scheduling permitting, for the period needed. Seniority will accumulate during such leave.

D) Leaves of absence without pay will be granted by the Company on two-week written request of the Union to persons designated by the Union for official Union business or to attend conventions, educational or other functions of the Union. Seniority will accumulate during such leave.

E) The Company will comply with all Federal posting requirements and responsibilities under the Family and Medical Leave Act. Seniority and benefit accruals will accumulate during such approved leave.

Section 5 – Holidays

Employees shall be granted the following holidays yearly during the life of the agreement:

1) New Year's Day

2) Martin Luther King Jr. Birthday

3) President’s Day

4) Memorial Day

5) Independence Day

6) Labor Day

7) Columbus Day

8) Veteran's Day

9) Thanksgiving Day

10) Christmas Day

A) For all Holidays listed above, employees will be paid Holiday Pay at their regular rate of pay based on an average of hours normally worked per week in accordance with the following:

If an employee works 1 to less than 20 hours – will receive 4 hours holiday pay.

If an employee works 20 to less than 30 hours – will receive 6 hours holiday pay.

If an employee works 30 plus hours – will receive 8 hours holiday pay.

B) If one or more of the above holidays occurs while an employee is on authorized vacation, holiday pay will be substituted for a vacation day.

C) In addition to the holidays listed above, the Company will observe any holidays declared as a legal holiday by Congress, the President, or any military authority where D.O.D. civilians are provided a paid holiday.

D) If an employee is scheduled to…