Atch_6_IAM_CBA_2016-2018.pdf

AGREEMENT

Between

International Association of Machinists and Aerospace

Workers

Local Lodge No.449, AFL-CIO, And its District Lodge No.

Panama City, Florida

And

Alutiiq 3SG, LLC (Prime Contractor) and

J&J Worldwide Services (Subcontractor)

Tyndall A.F.B., Florida

Effective September 1, 2016 Through August 31, 2018

PREAMBLE

PURPOSE

1.1—UNION RECOGNITION

1.2—BARGAINING UNIT

1.3—DEFINITION OF EMPLOYEES

ARTICLE 2—MANAGEMENT RIGHTS

2.1—MANAGEMENT RIGHTS

3.1—INTENT

3.2—STRIKES

3.3—OBLIGATION OF UNION

3.4—NO STRIKES EXCEPT AS PROVIDED IN SECTION 3.2

3.5—OBLIGATION OF UNION LIMITED

3.6—NO LOCKOUTS

ARTICLE 4—UNION SECURITY AND RIGHTS OF EMPLOYEES

4.1—AGENCY SHOP

4.2—CHECK OFF

4.3—INDEMNIFICATION

4.4—DUES DEDUCTIONS

4.5—INSUFFICIENT EARNINGS

4.6—REMITTANCE OF DUES

4.7—WHEN DUES OR SERVICE FEES ARE NOT DEDUCTED

4.8—NO SOLICITATION

4.9—DISCHARGE FOR FAILURE TO PAY

ARTICLE 5—SENIORITY

5.1—SENIORITY DEFINED

5.2—SENIORITY UNITS

5.3—PRINCIPLES OF SENIORITY

5.4—PROBATIONARY EMPLOYEES

5.5—RE-EMPLOYMENT OF LAID OFF EMPLOYEES

5.6—SENIORITY LIST

5.7—RIGHTS OF SENIORITY FOR EMPLOYEES ON LAYOFF

5.8—LOSS OF SENIORITY

5.9—QUALIFICATIONS

ARTICLE 6—VACANCIES, PROMOTIONS AND TRANSFERS

6.1—POSTING AND BIDDING FOR VACANCIES AND NEW JOBS

6.2—TRANSFERS OF PERSONNEL DURING LAYOFF

6.3—TEMPORARY TRANSFERS OF PERSONNEL

6.4- WORK OUTSIDE OF PERMANENTLY HELD JOB CLASSIFICATION

ARTICLE 7—LAYOFF PROVISIONS

7.1--- LAYOFF

ARTICLE 8—LEAVES OF ABSENCE

8.1—UNPAID LEAVES OF ABSENCE

8.2—PAID LEAVES

ARTICLE 8—LEAVES OF ABSENCE

8.2—PAID LEAVES

8.3- PERSONAL LEAVE

ARTICLE 9—UNION REPRESENTATION

9.1—UNION BUSINESS REPRESENTATIVES

9.2—GRIEVANCECOMMITTEE PERSONS AND STEWARDS

9.3—UNION COMMITTEE AND STEWARD RESPONSIBILITIES

9.4—TEMPORARY TRANSFERS OF STEWARDS

9.5—NOTIFICATION TO THE COMPANY

9.6—STEWARDS MUST HAVE SENIORITY

9.7—NO TRANSFER OF COMMITTEE PERSON

9.8—FULL TIME UNION REPRESENTATIVES

9.9—SAFEGUARDING OF STEWARD MATERIALS

ARTICLE 10—GRIEVANCE PROCEDURE

10.1—DEFINITION OF GRIEVANCE

10.2—GRIEVANCE PROCEDURE

10.3—REFERRAL TO ARBITRATION

10.4—SELECTION OF ARBITRATOR

10.5—EXTENSION OF TIME LIMITS

10.6—GROUPING OF GRIEVANCES

10.7—OBTAINING THE STEWARD

10.8—EMPLOYEE PASSES

10.9—REASONABLE TIME TO PROCESS GRIEVANCES

10.10—MINIMIZING TIME IN PROCESSING GRIEVANCES

10.11—POLICY GRIEVANCES

10.12—NOTICE OF DISCHARGE

ARTICLE 11—ARBITRATION

11.1—ARBITRATOR’S JURISDICTION AND AUTHORITY

11.2—SHARING OF FEES

11.3—EXTENSION OF TIME LIMITS

11.4—SUBMISSION OF NON-CONTRACT ISSUES

11.5—COURT REPORTERS

ARTICLE 12—HOURS OF WORK, WORK DAYS AND WORKWEEKS

12.1—PURPOSE

12.2—WORK DAYS DEFINED

12.3—CALENDAR DAY DEFINED

12.4—WORKWEEK DEFINED

12.5—REST PERIODS

12.6—REPORTING PAY

12.7—CALL IN PAY AND PROCEDURES

12.8—LUNCH PERIODS

12.9—FLEXIBLE SHIFT HOURS

ARTICLE 13—OVERTIME

13.1—OVERTIME PAY

13.2—OVERTIME ELIGIBILITY

13.3—OVERTIME ROSTERS

13.4—CHARGING OVERTIME

13.5—WHEN OVERTIME IS CHARGED

13.6—WHEN OVERTIME IS NOT CHARGED

13.7—RECLASSIFICATION

13.8—TRANSFERS

13.9—ABSENCE OVER 30 DAYS

13.10—INELIGIBLE EMPLOYEES

13.11—ZEROING OUT OVERTIME ROSTER

13.12—PROBATIONARY EMPLOYEES

13.13—WORK IN PROGRESS

13.14 – PYRAMIDING

There will be no pyramiding of overtime

ARTICLE 14—WAGES

14.1—PAY IN ACCORDANCE WITH WAGE SCHEDULE

14.2—WAGE SCHEDULE

14.3—EFFECTIVE DATE OF CHANGES

14.4—HOURLY RATE

14.5—RECEIPT OF PAY CHECK

14.6—PAY AT TERMINATION OR LAY OFF

14.7—SHIFT DIFFERENTIAL

ARTICLE 15—HEALTH AND WELFARE BENEFITS

15.1—HEALTH AND WELFARE BENEFIT RATES

15.2—HEALTH AND WELFARE BENEFITS

ARTICLE 16—HOLIDAYS

16.1—RECOGNIZED HOLIDAYS

16.2—ADDITIONAL HOLIDAYS

16.3—DATES HOLIDAYS OBSERVED

16.4—HOLIDAY PAY

16.5—COMPANY DETERMINES IF THERE IS WORK

16.6—HOLIDAYS DURING VACATION

ARTICLE 17—VACATION

17.1—INTENT OF VACATION POLICY

17.2—ELIGIBILITY OF EMPLOYEES

17.4—ANNUAL VACATION LEAVE CREDIT

17.5—RATE OF VACATION PAY AND RELATION TO OVERTIME

17.6—PAYMENT IN LIEU OF VACATION

17.7—CANCELLED VACATIONS

17.8—SCHEDULING OF VACATIONS

17.9—CREDITED VACATION LEAVE HOURS PAID UPON TERMINATION .. 30

17.10—PRIOR SERVICE CREDIT

ARTICLE 18—GENERAL

18.1—SAFE CONDITIONS

18.1—SAFE CONDITIONS

18.1.3 – FIRST AID KITS IN VEHICLES

18.2—SAFETY EQUIPMENT

18.3—PROTECTIVE CLOTHING

18.4—EMPLOYEE PHYSICALS

18.5—INJURY ON THE JOB

18.6—DOCUMENTATION OF MEDICAL VISITS

18.7 DISCRIMINATION LAWS

18.8—EMPLOYEE PERSONAL LOCKERS

18.9—COMMERCIAL DRIVER'S LICENSE

18.10—EMPLOYEE CERTIFICATIONS AND LICENSES

18.11—UNIFORMS

18.12—STANDARDIZED TEST

18.13—AVAILABILITY OF AGREEMENT

18.14—UNSAFE WORK

18.15—TECHNOLOGICAL CHANGE

18.16—REASONABLE RULES AND REGULATIONS

18.17—TIME LIMITS FOR DISCIPLINARY ACTION

18.18—DRUG TESTING POLICY

ARTICLE 19—JOB CLASSIFICATIONS/DESCRIPTIONS

19.1—JOB CLASSIFICATIONS

19.2—JOB DESCRIPTIONS (APPENDIX A)

19.3—NO EFFECT ON PERSONNEL IN CLASSIFICATIONS

19.4—NEW JOB CLASSIFICATIONS

19.5—UNION MAY FILE POLICY GRIEVANCE

ARTICLE 20—PENSIONS

ARTICLE 23

PREAMBLE

The undersigned Alutiiq 3SG, LLC (the prime contractor under a government contract at Tyndall AFB, Florida) and

J&J Worldwide Services (the subcontractor to Alutiiq 3SG, LLC) are hereinafter referred to as the Company, Employer or Contractor in this Agreement providing for a multi-employer Agreement with the International

Association of Machinists and Aerospace Workers, AFL-CIO, District Lodge No. 75, and its Local Lodge No. 449 hereinafter referred to as the Union. Each Company and the Union hereby agree to the terms and conditions set forth in this Agreement as the terms and conditions for the multi-employer Agreement. Said multi-employer

Agreement between the Company(s) and the Union is hereinafter referred to as the Agreement and shall be effective on September 1, 2016, and expire on August 31, 2018, with respect to employees performing the scope of work described in the bargaining unit certified by the National Labor Relations Board on May 30, 2001 (Case No. 15-RC-

8334).

Whenever the terms “Company”, “Employer”, or “Contractor” are used in the Agreement, such terms shall apply to the applicable signatory companies; the rights and obligations arising from the Agreement shall apply separately to each signatory Company, in that each signatory Company is a separate, distinct, and non-affiliated company. Issues related to said Agreement shall be addressed between the Union and the particular Company involved.

In regard to issues related to hiring, promotions, assignments, transfers, and layoffs it is understood that each

Company is separate and independent and exercises it rights and obligations independently according to the terms set forth in the Agreement. The employees of each signatory Company shall normally not have the right to displace an employee in the other signatory Company or bid on a job opening in the other signatory Company unless one of the following conditions exists:

a. A transfer of work from one Company to another occurs that results in the displacement or reduction of an employee(s) in the Company experiencing the loss of work in a classification(s) or department(s). In such cases the following shall apply:

1. An employee(s) displaced from his/her classification in the employing Company from which the work is transferred shall have the opportunity to displace a less senior employee(s) in same

Company, or occupy a similar position(s) performing some or all of the same work in the other

Company by applying for the position(s) Said employee shall be eligible to compete for the posted position(s) for which he has the seniority to do so. Said employee(s) shall have the right to compete for said position(s) as though the employee(s) was an employee of the other Company, if the position for which the employee is competing involves work that is or was transferred from the employing Company (Company from which the work is transferred) to the other Company

(Company to which the work is transferred). Said employee(s) shall be entitled to retain his/her full seniority rights (from initial date of hire) or have no probationary period and shall be entitled to health and welfare benefits coverage immediately without regard to a waiting period.

This Agreement shall be binding upon the corporate successors and assigns of the Company, as well as the successors and assigns of the Union, if any. The Company shall notify the Union at least 60 days prior to any change in ownership that would create a successorship situation.

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—UNION RECOGNITION

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

The Company recognizes the Bargaining Unit to be the appropriate unit certified by the National Labor Relations

Board on May 30, 2001 (Case No. 15-RC-8334), 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.

1.3—DEFINITION OF EMPLOYEES

1.3.1—Definition of Employees Whenever used in this Agreement, the term “Employee” shall mean all full-time and regular part-time Employees employed by the Company at Tyndall Air Force Base, Florida.

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 ninety (90) 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 (90) 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 (90) calendar days of employment. Upon completion of (90) 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 ninety (90) calendar day probationary status may be disciplined or discharged at the sole discretion of the Company during the ninety (90) calendar day probationary period and there shall be no recourse to the grievance procedure. Once an Employee in probationary status has completed the ninety-(90) calendar day probationary period, he/she shall be added to the appropriate seniority lists and can only be disciplined or discharged for just cause.

ARTICLE 2—MANAGEMENT RIGHTS

2.1—MANAGEMENT RIGHTS

2.1.1—Managerial Prerogative. Except as expressly modified or restricted by a specific provision of this

Agreement, all statutory and inherent managerial rights, prerogatives, and functions are retained and vested exclusively in the Company. This includes but is not limited to the right to reprimand for just cause, suspend for just cause, discharge for just cause, or otherwise discipline Employees for just cause; the making of reasonable rules, regulations and policies not in conflict with this Agreement; to determine the number of Employees to be employed;

to hire Employees, determine their qualifications and assign and direct their work; to promote, demote, transfer, layoff and recall to work Employees; to set the standards of productivity and the services to be rendered; to maintain the efficiency of operations; to determine the personnel, methods, means, and facilities by which operations are conducted; to set the starting and quitting times, and the number of hours and shifts to be worked; to institute, expand, reduce, alter, combine, transfer, assign, or cease any job; to add job classifications, provided that the

Company advises the Union prior to any such addition, but not to alter or change existing job classifications; to control and regulate the use of machinery, facilities, equipment, and other property owned, controlled, leased, or used by the Company; to introduce new or improved technology, research, production, service, distribution, and maintenance methods, materials machinery, and equipment; to determine the number, location and operation of departments, to issue, amend, and revise policies, rules and regulations, and practices that were in place prior to the date of this Agreement (meaning that the Company has the right to issue, amend, and revise practices that were in place prior to the date of the Agreement, including those that continue after the date of the Agreement) without the requirement of prior notification to the Union, although the Company will make every reasonable effort to do so;

and to take whatever action is either necessary or advisable to determine, manage and fulfill the mission of the

Company and to direct the Company’s Employees. “Practices” are those practices that are relevant to the application of the Agreement, and must be clearly identifiable, repeated over a sustained time period, affect a group rather than an individual. The parties agree that the Client is the Federal Government under the Civil Engineering Operations contract at Tyndall Air Force Base and that the Client has the authority to issue binding directives to the Company.

Nothing in this Agreement is intended nor will any provision of the Agreement prevent the Company from meeting its obligations and responsibilities as a contractor. The Union and the Company recognize that the Government may impose various demands or obligations upon the Company and its employees. If such action requires, the Company and the Union agree to comply with the requirements to the degree necessary, subject to rebuttal by either or both parties through the grievance and arbitration procedures and/or the courts, if deemed necessary. The arbitrator does not have the authority to change or negate a Government directive. A government directive removing an employee from the site is not subject to arbitration.

The Company’s failure to exercise any right, prerogative, or functions hereby reserved to it, or the Company’s exercise of any such right, prerogative, or function in a particular way, shall not constitute a waiver of the

Company’s right to exercise such right, prerogative, or function provided that the exercise of such rights shall not violate any provision of this Agreement.

2.1.2—Application of Managerial Prerogatives. The Company shall enforce rules and regulations fairly and equitably. The Union and Employees shall be notified prior to the institution of new policies, rules and regulations or changes in existing policies, rules and regulations. The extent of any penalty levied against any Employee(s) for any alleged violation of any rules and regulations shall be subject to protest through the Grievance Procedure.

The Company shall be the judge of all matters pertaining to the location of operations, production, and the methods and processes used in performing the work, including the right to introduce new and improved methods and to change existing methods, provided that no decisions or implemented practices shall conflict with any provisions of this Agreement.

It is not the intent of the Company to subcontract work currently performed by bargaining unit Employees and the

Company shall exert reasonable business efforts not to subcontract work currently performed by Employees in the bargaining unit that will result in a layoff of Employees in the bargaining unit, however the Company shall retain the right to subcontract work.

ARTICLE 3–NO STRIKES OR LOCKOUTS

3.1—INTENT

In the interests of attaining peaceful, orderly relations and efficient, uninterrupted operations, it is the intent of the parties to set forth the obligations of the Company and the Union to provide for the procedures and remedies through which the Company, the Union and its represented Employees shall resort to secure redress for grievances arising from this Agreement.

3.2—STRIKES

Provided the Company, its agents and representatives are in compliance with all of the terms of this Article, the

Union, its agents, representatives, and members agree that for the duration of this Agreement there shall be no strikes, picketing, sit downs, slow downs, stoppages of work or any other acts which result in a slow down or result in interfering with normal business operations at Tyndall Air Force Base, Florida, except for the Company’s refusal to abide by a binding Arbitration decision.

3.3—OBLIGATION OF UNION

Should a violation of Section 3.2 by employees of the Company other than those permitted by Section 3.1 hereof occur during the term of this Agreement, the Union, within twenty-four (24) hours after receipt of written notice from the Company, shall be obligated to do the following things only:

3.3.1—Advise the Company in writing that the strike has not been called or sanctioned by the Union.

3.3.2—Advise the Employees that, in as much as no such strike has been called or sanctioned by the Union, they are engaged in an illegal strike 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 immediate termination.

3.4—NO STRIKES EXCEPT AS PROVIDED IN SECTION 3.2

Except as provided for in Section 3.2 of this Article, the Union shall not cause any strike against the Company's operations at Tyndall Air Force Base, Florida, or picketing of the Company's operations at Tyndall Air Force Base, Florida.

3.5—OBLIGATION OF UNION LIMITED

The obligation of the Union in regard to Section 3.2 and 3.3 of this Article shall be limited to the performance of its obligations expressed in Section 3.1 and 3.2 of this Article, and provided that the Union complies with those obligations, the Union and its officers, agents, and members shall have no further liability during the term of this contract or thereafter, for any damage suffered by the Company arising from or out of any stoppage or strike.

3.6—NO LOCKOUTS

Provided the Union, its agents and representatives, and the Employees are in compliance with the all of the terms of this Article, there shall not be a lockout of any or all of the Employees during the term of this Agreement.

ARTICLE 4—UNION SECURITY AND RIGHTS OF EMPLOYEES

4.1—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 following the beginning of such employment 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 (90) calendar days of employment. Upon completion of his probationary period, said employee shall be subject to all provisions of this Article.

4.1.1—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.

4.1.2—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.

4.2—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.

4.3—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 attorneys fees incurred as a result of defending such action).

4.4—DUES DEDUCTIONS

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.

4.5—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.

4.6—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.

4.7—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.

4.8—NO SOLICITATION

There shall be no solicitation of Employees for Union membership, Dues or Agency Service Fees conducted within the confines of Tyndall 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.

4.9—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 requirements.

ARTICLE 5—SENIORITY

5.1—SENIORITY DEFINED

a. The term “seniority” shall mean the relative ranking of bargaining unit Employees within their specific Seniority Units as outlined in Sections 5.1.1 and 5.1.2 below.

5.1.1—Company Seniority. Company Seniority is defined as the length of continuous service with the Company and predecessor Contractors to the existing Contract performing Civil Engineering Operations at Tyndall Air Force

Base, Florida (Predecessor Contractor), in the bargaining unit covered by this Agreement, and shall be computed from the original date of hire with the Company and Predecessor Contractors, except when seniority has been broken (as defined by 5.8), in which event seniority shall be computed from the last date of rehire. Employees transferring from another service contract or division of the Company to perform work as an Employee of the

Company (within the bargaining unit) shall be added to the seniority list. Said-transferred Employees’ date of seniority shall be the date they arrived to perform work in the bargaining unit. For purposes of Company Seniority, Employees with the longest length of continuous service as computed from their original date of hire as referenced above shall be more senior than Employees with a hire date indicating a lesser length of continuous service with the

Company as referenced above. The relative ranking for Company Seniority of Employees who have the same original date of hire (as referenced above) with the Company is determined in accordance with the five-digit

Employee payroll number, i.e.; the lower number has the most seniority. Their relative seniority ranking will be as shown on the Seniority List provided to the Company by the Chief Steward

5.1.2—Departmental Seniority. Departmental Seniority is defined as the length of continuous service with the

Company and [and predecessor Contractors to the existing Contract performing Civil Engineering Operations at

Tyndall Air Force Base, Florida (Predecessor Contractor), in the bargaining unit covered by this Agreement, and shall be computed from the original date of entry into a department as defined by this Agreement, with the Company and Predecessor Contractors except when seniority has been broken (as defined by 5.8), in which event seniority shall be computed from the last date of rehire. Employees transferring from another service contract or division of the Company to perform work as an Employee of the Company (within the scope of this bargaining unit) shall be added to the Departmental Seniority List on entry into an appropriate department. Said-transferred Employees date of departmental seniority shall be the date they arrived to perform work in the assigned department within the bargaining unit. For purposes of Departmental Seniority, Employees with the longest length of continuous service as computed from their original date of entry into a department within the bargaining unit as referenced above shall be more senior than Employees with an original entry date into the same department indicating a lesser length of continuous service with the Company as referenced above. The relative ranking for Departmental Seniority of

Employees who have the same date of entry into a department (as referenced above) with the Company is determined by Company Seniority.

5.2—SENIORITY UNITS

A Departmental Seniority Unit is composed of the Employees in a department or group of departments as agreed upon by the Company and the Union. The Company Seniority Unit is composed of all Employees in the bargaining unit defined in Article 1, entitled Recognition.

5.3—PRINCIPLES OF SENIORITY

Principles of seniority shall govern and control in all cases of promotions within the bargaining unit, transfers, layoffs or recalls of the working force as well as choice of vacation periods during the yearly initial scheduling of vacation. Under the principles of seniority the Departmental Seniority date and Company Seniority date shall be used to establish the first right of opportunity/refusal to be granted to the most senior Employee(s) for the following situations:

5.3.1—Departmental Seniority prevails in all cases other than for layoff, recall from lay off, inter-departmental transfers of personnel, credited vacation service and job vacancies when no one volunteers for the opening. When a job vacancy occurs in a department, it shall first be offered to Employees in the appropriate department where the job vacancy is to be filled and departmental seniority will prevail. If there are no volunteers bidding for the job vacancy within the appropriate department where the job vacancy is to be filled, then the Company will offer the job vacancy to Employees throughout the bargaining unit and Company Seniority will prevail. Vacation shall be scheduled by department based on the Employee’s Departmental Seniority date.

5.3.2—Company Seniority shall prevail in cases of layoff, recall from layoff, inter-departmental transfers of personnel, and credited vacation service. In the event of a layoff, Company Seniority prevails and the Employee(s) notified of layoff may displace any Employee(s) with lesser Company Seniority in any department before being laid off to the street, if qualified. A displaced Employee may choose not to exercise his bumping rights. For recall purposes, Company Seniority prevails and the most senior Employee(s) on layoff shall be recalled first. Vacation shall be credited to Employee(s) based upon their Company Seniority date. Inter-departmental transfers of personnel shall be offered to volunteers on a Company-wide basis and Company Seniority shall prevail.

5.4—PROBATIONARY EMPLOYEES

A newly hired Employee(s) who is employed subsequent to the effective date of this Agreement or rehired after termination of seniority shall, for the first ninety (90) calendar days of their employment, be considered

Probationary Employee(s), and their employment shall be considered “at-will,” meaning that the Company may terminate their employment for any or no reason, provided the reason is not contrary to law. If retained after the ninety (90)-calendar day probationary period, these Employees shall be placed on the seniority lists and their seniority date shall be their date of hire with the Company. Any separations of employment during the said ninety

(90) calendar-day probationary period shall not be made the basis of a Grievance against the Company and there shall be no obligation to re-employ such person; provided, however, that this provision shall not be used for the purpose of discrimination. Probationary Employees shall not have the right to participate in the Grievance

Procedure.

5.5—RE-EMPLOYMENT OF LAID OFF EMPLOYEES

The right of seniority for re-employment shall be accorded to a laid-off Employee prior to new Employees being hired. The Company shall send a written notice of recall by return receipt mail to the Employee’s last known address. Such laid off Employee shall be recalled to the highest classification he previously held. If the highest classification he previously held is not available he shall have the option to accept recall to work in any classification closest to the wage rate of that classification for which he is qualified to perform the work. An

Employee refusing to accept recall to a lower classification shall not forfeit any seniority rights. Such laid-off

Employee shall respond to the written notice of recall sent to him by the Company by return receipt mail to his last known post office address not more than two (2) working days after receipt of written notice of recall. If such laid-off Employee fails to report for work within five (5) calendar days, he shall lose all rights of seniority, unless he is temporarily incapacitated.

5.6—SENIORITY LIST

The Company shall prepare and maintain, subject to examination and correction by Union representatives, a

Company Seniority List and a Departmental Seniority List for each department by name, classification, hire date, and the Employee’s payroll number. The Chief Steward shall be provided with a copy of the seniority lists and shall be notified of all changes. Each Employee shall have the right to protest any error in his seniority status. An updated copy of the seniority lists shall be provided to the Union Steward every ninety (90) calendar days.

5.7—RIGHTS OF SENIORITY FOR EMPLOYEES ON LAYOFF

Employees on layoff will continue to accumulate seniority while on layoff with recall rights.

5.8—LOSS OF SENIORITY

Seniority shall be lost for the following reasons only:

5.8.1—Discharge for Just Cause (subject to the Grievance Procedures) or voluntary resignation of employment.

5.8.2—Failure to return to work in accordance Article 5, Section 5.5.

5.8.3—Any bargaining unit Employee accepting a regular management position with the Company will forfeit all seniority rights under this Agreement after a period of 90 days.

5.9—QUALIFICATIONS

In the application of principles of seniority as provided in this Agreement, Consistent with applicable federal and state laws and regulations, the Employee must have the qualifications to perform the work involved. The term

“qualified” shall mean that the employee possesses all of the requisite skills, certifications, levels of experience, and physical abilities as set forth in the mutually agreed upon job descriptions of Appendix A and as otherwise required to meet the operational requirements of the contract.

ARTICLE 6—VACANCIES, PROMOTIONS AND TRANSFERS

6.1—POSTING AND BIDDING FOR VACANCIES AND NEW JOBS

All promotions and transfers between shops or job classifications within the bargaining unit and promotions to supervisory positions shall be in accordance with this Article and the principles of seniority. Temporary positions in accordance with 6.1.1 below which are deemed a higher rate of pay shall be offered to regular employees prior to filling with temporary employees.

6.1.1—Non-Bargaining Unit Positions. A position that the Company determines is temporary in nature and will last no more than seven months is understood to be a non-bargaining unit position and employees occupying such positions are considered to be temporary employees, provided these positions fall outside the jurisdiction of employees described as being in the appropriate bargaining unit certified by the NLRB on May 30, 2001 in Case No.

15-RC- 8334). When the foregoing applies, these temporary employees are not considered members of the bargaining unit certified by the NLRB on May 30, 2001 (Case No. 15-RC-8334). Said temporary non-bargaining unit positions are filled at the discretion of the Company without regard to seniority within the bargaining unit. In filling these positions, the Company shall not displace nor cause members of the bargaining unit to be laid off nor shall members of the bargaining unit be forced to occupy these positions. Provided the Company is in compliance with the all of the above, the filling of said non-bargaining unit positions shall not be the basis for the filing of a grievance.

Temporary employees are considered outside of the bargaining unit and as such they are not entitled to any rights under this Agreement. Bargaining unit overtime is offered only to bargaining unit members, with the following exceptions: 1) No temporary employee shall be offered any bargaining unit overtime until all bargaining unit members have been offered the opportunity to work, 2) Prior to scheduling (forcing) a bargaining unit employee(s) to work the available overtime the Company may offer the available overtime to qualified temporary employees.

6.1.2—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 from within the departmental seniority unit, 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. If the position is not filled by employees returning from layoff or by volunteers bidding for the position from within the department, then the position will be filled by a volunteer(s) who is the most senior, qualified employee(s), bidding for the position according to Company Seniority on a Company-wide basis.

6.1.3—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 ten 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. 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.

6.1.4—Qualifications Program. It is the Company’s and Union’s intent to co-operate and together to develop a qualifications program to enhance qualifications of employees and serve as a standard for promotions.

6.2—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.

6.3—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. When there is a requirement to temporarily transfer an employee from his permanent classification to another classification the employee shall be notified immediately as soon as management is informed of the need; written notice shall be provided if the temporary transfer is expected to last more than three days. For such longer assignments, the Chief Steward shall receive a copy of the notice at the same time the employee is given notice. 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. For a temporary assignment of work to another job classification, the employee will receive the rate of pay for that classification work limited to no more than 8 hours per work week. The limitation is only for an involuntary transfer.

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. For a temporary assignment of work to another job classification, the employee will receive the rate of pay for that classification work limited to no more than 8 hours per work week. The limitation is only for an involuntary transfer.

6.4- WORK OUTSIDE OF PERMANENTLY HELD JOB CLASSIFICATION

An employee who is directed to perform skilled work outside his permanently held job classification shall not be held responsible for any problems relating to work performed outside his permanently held classification if he does not possess the required skills; however, an employee who becomes aware that a task requires specialized skills which he does not possess shall notify his supervisor or EMCS operator that specialized skills are required.

ARTICLE 7—LAYOFF PROVISIONS

7.1--- LAYOFF

Ten workdays prior to any layoff the Company shall notify the Chief Steward and all Employees in the affected classification(s) to be laid off. For the purpose of a layoff Employees shall be laid off as follows:

7.1.1—Seniority Employees who submit a lay off request will be laid off first. Then probationary Employees in the affected classification shall be terminated.

7.1.2—Thereafter, seniority Employees in the affected classification having the least seniority shall be laid off. An

Employee notified of layoff has twenty-four (24) hours (excluding Saturday and Sunday) from time of notice to file a written request to compete for a higher job classification or one 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):

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

7.1.2.2—Displace the least senior Employee in any classification he previously held or is qualified to perform work.

ARTICLE 8—LEAVES OF ABSENCE

8.1—UNPAID LEAVES OF ABSENCE

8.1.1—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.

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.

8.1.2—State Conventions. Leaves of absence without pay shall be granted by the Company, on three days written request of the Union, 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, but in no event is the number to exceed a total of 3 Employees for the combined bargaining unit (Both Companies). The number of Employees attending Union Negotiating Committee functions shall not exceed 5 Employees for the combined bargaining unit

(Both Companies). 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. The Company or Union may waive the three-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.

8.1.3—Medical Leave. Leaves of Absence for temporary disability shall be granted Employees without pay for a period not exceeding ninety (90) days provided that a doctor’s excuse covers the period of absence. The initial period of absence will run concurrently with FMLA, if applicable. If the disability continues beyond ninety (90) days, the leave of absence shall be extended provided the Employee furnishes the Company with a report from a reputable physician stating the necessity for such extension. Employees 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 and shall not exceed 90 consecutive days (for benefit pay purposes only) per temporary disability period. Said hours paid for purposes of Section 15.1 shall not be considered hours paid for overtime computation purposes. Employees shall be entitled to Short Term Disability Benefits during the Medical Leave period.” (The intent is to provide a limit for the period of time for which an employee is entitled to pay for benefits under Section 15.1, but not to limit the period of time for medical leave that may be necessary for recovery). Employees will not be involuntarily paid out their

Personal Leave during Medical leave.

a. Employees who are on a leave of absence covered under Article 8.1.3 will be permitted to pay his/her insurance premiums, after exhausting the employee’s remaining H & W balance, for the period of 90 to 180 days.

8.1.4—Listing Provided to Union. At the end of each month the Company shall furnish the Union a list of

Employees on extended leave of absence for disability. This list shall include the date each leave commenced.

8.1.5—Leave for Personal Reasons. Leaves of absence without pay for relatively short periods (for one hour or more up to 3 workdays) may be verbally granted to Employees, production requirements permitting, by the immediate supervisor for personal reasons and seniority shall accumulate during such leaves.

8.1.6—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 five years or their seniority recall rights, whichever is less, and shall accrue seniority while on such leave. Employees will not be involuntarily paid out there Vacation or Personal Leave while on

Workers Compensation benefits.

8.1.7—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.

8.1.8—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 in accordance with applicable law, 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 not to exceed three weeks each fiscal year. In order to be eligible for military annual training leave pay, the Employee shall be required to furnish the project manager a government computer printout or a certificate signed by his disbursing agent setting forth the amount of military base 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.

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.