T-38_CBA_Aug_2010.pdf

i

AGREEMENT

BETWEEN

M1 SUPPORT SERVICES LP

and

URS FEDERAL SUPPORT SERVICE, INC.

AND

LOCAL LODGE 2515

and

LOCAL LODGE 778

OF

THE INTERNATIONAL ASSOCIATION OF MACHINISTS

AND AEROSPACE WORKERS

FOR EMPLOYEES ON THE

CONSOLIDATED AIRCRAFT MAINTENANCE CONTRACT

AT

HOLLOMAN AIR FORCE BASE, NM; BEALE AIR FORCE BASE, CA;

AND

WHITEMAN AIR FORCE BASE, MO

EFFECTIVE

July 1, 2010 through June 30, 2013 ii

TABLE OF CONTENTS

Article and Section

PURPOSE OF AGREEMENT

I. GENERAL CONDITIONS OF CONTRACT

1. General Provisions

2. Recognition and Exclusive Representation

3. Period of Agreement and Ratification

4. Successors and Assigns

5. Right to Manage

6. Separability

7. Strikes and Lockouts

8. Security Regulations

9. Nondiscrimination

10. Union/Agency Shop and Check Off

II. UNION-COMPANY RELATIONS

1. Union Stewards

2. Business Representatives and Union Officials

3. Bulletin Boards and Posting Notices

4. Information Provided to the Union

5. Official Union Business

6. Copies of the Agreement………………………………………………………………10

III. GRIEVANCE PROCEDURE AND ARBITRATION

1. Definition of Grievance

2. Grievance Procedure

3. Arbitration

IV. SENIORITY

1. Basis of Seniority and Establishment of Seniority Rights

2. Layoffs

3. Recall Rights

4. Employees Entering Armed Forces

5. Loss of Seniority

6. Promotions/Position Vacancies

7. Shift Requirements and Transfers

V. EMPLOYMENT CONDITIONS

1. Sanitary, Safety and Health Conditions

2. Drug and Alcohol Free Workplace

3. New Technology

VI. EMPLOYEE PRIVILEGES

1. Vacations

2. Sick and Personal Leave

3. Military Reserve Training Leave

4. Bereavement Leave

5. Leaves Without Pay

6. Holidays

7. Rest and Lunch Periods

8. Jury Duty

9. Employee Benefits

10. Field Duty iii

VII. PAY PROVISIONS

1. Wages

2. Overtime

3. Hours and Days of Work

4. Pay Period

5. Promotional Increases

6. Temporary Promotions

7. Report Time and Call-Back Time

8. Uniforms

9. Placement in Lower Rated Classification

10. Pay Status for Employees Injured on the Job

VIII. PAY RATES

1. Application of Job Descriptions

Signature Page

Appendix A Wage Schedule

Appendix B Job Descriptions

Appendix C Benefits

Letter of Understanding # 1 Machinists Custom Choice Worksite Benefits Program

PURPOSE OF AGREEMENT

This Agreement, entered into by and between M1 Support Services LP and URS Federal Support Services, Inc. (hereinafter collectively called “the Company"), and the International Association of Machinists and Aerospace Workers, represented by Local Lodge 2515 and Local Lodge 778 (hereinafter collectively called "the Union"), a non-profit organization, evidences the desire of the parties hereto to promote and maintain harmonious relations between the Company and its employees, as they are defined in Subsections (A) and (B) of Article I, Section 2, of this Agreement, and the Union as their Representatives. The term "Company" as used throughout this Agreement refers only to the Company's sites covered by this Agreement as defined in Subsection (A) of Article I, Section 2 hereof.

The purpose of this Agreement is to ensure industrial peace. To this end, it is recognized that there must be mutual understanding, harmony and cooperation among employees and between employees and the Company, and the Union and the Company; that operations must be uninterrupted and duties faithfully performed in order for the Company and its employees to fulfill their mutual and vital responsibilities to both the public and to the Government; and that the business of the Company must be operated with economy and efficiency with due regard to competitive conditions. It is recognized by the Agreement to be the duty of the Company, the Union, and the employees to cooperate fully, both individually and collectively, for the advancement of said conditions.

It is agreed that the parties desire to enter into this Agreement to establish wages, hours, and working conditions and to provide for the peaceful settlement of disputes and grievances that may arise affecting the employees covered hereby.

NOW, THEREFORE, the parties agree as follows:

ARTICLE I

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 on April 10, 1995, (Case No. 28-RC-5289) 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 aircraft repair, maintenance and supply employees, including quality control inspectors, support personnel (such as material, planning, and scheduling employees) and janitors employed by the Company on its Consolidated

Aircraft Maintenance Contract at Holloman AFB, NM and two (2) associate companion sites at Beale AFB, CA; and Whiteman AFB, MO. In the event additional companion sites are added to the Consolidated Aircraft Maintenance Contract, if permitted by law, the company will meet with the Union to negotiate the inclusion of such sites in the Bargaining Unit covered by this Agreement. The word "employee" or "employees", as used in this Agreement, means all employees of the Company employed at Holloman AFB, NM and the two (2) associate companion sites listed herein and any additional companion sites included in the Bargaining Unit on the above described contract to work in job classifications listed in Article VIII of this Agreement:

(B) Employees Excluded from the Bargaining Unit

Excluded are all office clerical employees, guards, professionals and supervisory employees (such as managers and supervisors) defined by the National Labor Relations Act employed at the Sites identified in paragraph A of this section.

(C) Application of the Agreement

This Agreement, except as otherwise specifically provided, shall be applied uniformly to each of the sites as identified in Section 2 (A).

(D) Non-Bargaining Unit Personnel

It is understood and agreed that non-bargaining unit employees will not perform work customarily performed by bargaining unit employees except under the following conditions:

(1) To instruct or advise employees working a malfunction/discrepancy on a scheduled aircraft which must be corrected expeditiously in order to successfully launch the aircraft, when bargaining unit employees with the necessary skills are not immediately available.

(2) In emergencies. The term “emergency” is defined to mean an unforeseen combination of circumstances which call for immediate action to prevent damage to aircraft, equipment or injury to personnel.

(3) When an employee fails to report to work and other qualified employees are not available. It is agreed that the Company will make a reasonable effort to locate and assign qualified bargaining unit employees to perform the work.

(E) Nothing in this Article is intended to dilute bargaining unit work.

Section 3 - Period of Agreement and Ratification

(A) This agreement shall be effective 1 July, 2010 and shall remain in full force and effect to and including June 30, 2013 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 commence 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 HR and Accounting Manager, M1 Support Services, Holloman Air Force Base, New Mexico, for service upon the Company, and when similarly mailed, or delivered in hand, to Local Lodge 2515, in Alamogordo, New Mexico and Local Lodge 778 in Kansas City 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 amendments and modifications to 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.

(D) Notwithstanding any provisions of this Agreement, the employer/employee contribution rates detailed in APPENDIX C, Benefits shall be maintained for any plan year. APPENDIX C of the Agreement may be reopened solely for the following reasons: (a) adjusting the employer contribution rates as detailed in Appendix C; and/or, (b) maintaining overall equivalency of the employee benefit plans to which the Company contributes.

In any of the situations mentioned above, notification of the benefits re-opener must be received no later than the 10 th of August of any contract year and negotiations must commence by the 20 th of August. If by August st , the parties cannot reach an agreement on the issue(s) which prompted the re-opener, the parties by mutual agreement may submit the issue to binging arbitration in accordance with ARTICLE III, GRIEVANCE PROCEDURE AND ARBITRATION, Section 3, Arbitration. If the parties do not agree to arbitrate the dispute(s), the provisions of ARTICLE I, GENERAL CONDITIONS OF CONTRACT, Section 7, Strikes and Lockouts and ARTICLE III, GRIEVANCE PROCEDURE AND ARBITRATION shall be suspended solely as they apply in the particular dispute(s). All other provisions of this Agreement shall continue in full force and effect.

Section 4 -Successors and Assigns

This Agreement shall be binding upon and inure to the benefit of any successor or assignee of all or substantially all of the Company's business or assets unless prohibited by law or regulation; however, this Agreement is not otherwise assignable without the mutual consent of the parties.

Section 5 - Right to Manage

(A) The Company has, and will retain, the sole and exclusive right, except as expressly and specifically modified by one or more specific provisions of this Agreement, to manage the business and direct the workforce, including, but not limited to, the right to plan, direct and control all business and work operations, discipline, suspend or discharge for just cause, to hire, promote, demote, classify, reclassify, reassign, transfer and layoff. Any of the rights, powers and authority not specifically abridged by the Agreement are retained by the Company. Any claim that the Company has exercised such right and authority contrary to the provisions of this Agreement may be taken up as a grievance.

Section 6 – 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.

Section 7 - Strikes and Lockouts

(A) The Union, (its officers, agents and members) agrees that for the duration of this Agreement it shall not cause, engage or condone any strike (including sympathy strike), slowdown or stoppage of work or any acts of any nature which would interfere with the Company's ability to provide uninterrupted service to the United States Government. Failure or refusal on the part of any employee of the Company to comply with any and all provisions of this Article shall be sufficient grounds for penalty or discharge. The Company agrees that it will not cause or engage in any lockout for the duration of this Agreement.

(B) In the event of a violation of this section, the Union, (its officers, agents, and members) collectively agree that it will use its best efforts to end such prohibited conduct.

(C) In the event of a breach by the Union of the provisions of this section of the Agreement, the Company may abrogate this entire Agreement. Any action by a Union Steward which is not authorized, concurred in, or supported by the Union, will not constitute a breach of this Agreement on the part of the Union for purposes of this paragraph.

Section 8 - Security Regulations

(A) The parties to this Agreement hereby recognize the Company's obligations in its contracts with the Government pertaining to security, security clearances, and access to Government-managed property, and agree that nothing contained in this Agreement is intended to place the Company in violation of its contracts and/or security agreements with the Government.

(B) In the event that the U.S. Military Service or other Government Agency duly concerned with security regulations or operations on Government-managed property, advises the Company that any employee in the Union bargaining unit is restricted from access to Government managed property, or restricted from work on or access to classified information and material, the Union agrees that such action as the Company may take pursuant to its contractual and/or security obligations to the Government will not be contested, nor will such action be a subject of the grievance procedure contained in Article III of this Agreement.

(C) In the event that such Government Agency following the taking of such action advises the Company in writing that such an employee is no longer restricted from access to Government-managed property or restricted from work on or access to classified information and material, the Company shall promptly reinstate the employee with seniority, to the same job classification with the same Unit and Technical Specialty held at the time such action was taken, subject to the applicable seniority provisions of the Agreement, if he/she promptly applies for such reinstatement. At such employee's request, the Company will join such employee and/or the Union in applying to the appropriate government agency for restoration by the Government of lost pay.

Section 9 - Nondiscrimination

It is the intent of the Company and the Union to provide employees with a working environment that is free from all forms of discrimination which is or which may become unlawful during the period of this Agreement. To this end, the parties agree to comply with all applicable laws, statutes and regulations concerning nondiscrimination in employment.

Section 10 - Union/Agency Shop and Check Off

(A) As permitted in Law, all of the Company's present employees within the bargaining unit shall become Union members within thirty (30) days of the effective date of this Agreement and shall remain members of the Union as a condition of employment. As permitted by Law, all newly hired employees in the bargaining unit shall become members of the Union beginning the thirty-first (31st) day after their date of hiring and shall remain members of the Union as a condition of employment. To be a member of the Union a member must pay all initiation fees, reinstatement fees, Union dues and assessments uniformly required of all members.

(B) In the event that paragraph (A) of this Article is or becomes illegal at any of the locations listed in Article

I, Section 2 (A), by reason of a law prohibiting the union shop, then the parties will substitute an agency shop provision for the union shop provision if such substitution can lawfully be made. Such agency shop provision, if legal, would require the affected employees in the bargaining unit to pay agency fees determined by the Union for services rendered by the Union.

(C) The Company will within 10 days after written notice from the Union discharge any employee who is not a member with the Union. For purposes of this Section, a member shall mean the regular payment of agency fees or a union member who has paid required fees, dues or assessments.

(D) The Company agrees to deduct from an employee's payroll check, Union dues, initiation fees, reinstatement fees, assessments, or agency fees for all employees covered by this agreement, provided that the Union or the employee delivers to the Company a written authorization to make such deductions, signed by the employee, irrevocable for one year or the expiration date of this agreement, whichever shall occur sooner. The Company shall make deductions for each member or agency fee payer from the first pay deposit slip of such member or agency fee payer each month.

(E) Such payroll deductions referred to in paragraph (D) shall be remitted to the Secretary Treasurer of the

Union the week immediately following the payroll deductions are made. The Company shall furnish to the Secretary Treasurer of the Union monthly, a record of those from whom deductions have been made and the amounts of the deductions. The company shall provide to the Secretary Treasurer of the Union with a listing, on a monthly basis, of all newly hired or laid-off employees.

(F) Nothing contained in this Article shall be construed to require the Company to violate any applicable law. It is understood and agreed that the Union will defend, save, hold harmless and indemnify the Company from any and all claims, demands, suits or any other forms of liability that shall arise out of the execution, placing in effect or carrying out of the terms of this section by the Company.

ARTICLE II

UNION - COMPANY RELATIONS

Section 1- Union Stewards

(A) Upon execution of this Agreement, the Union shall promptly furnish the Director of Maintenance, in writing, the names of the Union Stewards. Thereafter, the Union shall promptly advise the Director of Maintenance, 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) The scope of the Stewards activities on Company time shall be limited to the following:

(1) To consult with an employee regarding the presentation of a request or clarification concerning this Agreement, complaint, or grievance which the employee desires the Steward to be present.

(2) To investigate a complaint or grievance of record before presentation to the appropriate supervisor.

(3) To present a request concerning this Agreement, complaint, or grievance to an employee's immediate supervisor in an attempt to settle the matter for the employee or group of employees who may be similarly affected.

(4) To meet by appointment with the Director of Maintenance or other designated representative of the

Company, when necessary to adjust grievances in accordance with the grievance procedure of this Agreement.

(5) Each new employee covered by this Agreement shall be introduced to the Union Steward by the

Supervisor in the activity to which such employee will be permanently assigned within three (3) workdays.

(6) To report safety hazards or make safety recommendations to the management of his (her) area.

(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) Stewards will be designated and shall be assigned from the following locations:

At Holloman AFB

AMU-Aircraft Maintenance Unit (1)

Quality Management

Business Management EMU-Equipment Maintenance Unit (1) Night Shift (1)

One (1) at Beale AFB, Whiteman AFB and one (1) each at additional companion sites identified in Article I, Section 2 (A).

(E) In addition to those stewards designated above, a Chief Steward shall be designated and assigned to the entire Holloman contract work area. It is agreed that since the Chief Steward has a regular work assignment to be performed, that contacts involving union business with other employees or Stewards, or the Business Representative of the Union will be no more frequent and no longer than the matter for discussion reasonably requires. Where necessary, the Chief Steward's work schedule or assignment will be adjusted where practical, to allow for work time off to transact Company-Union business as specified below:

(1) For discussions with Stewards or the authorized Business Representative of the Union on employee complaints or grievances or on matters arising out of the application of this Agreement. The parties agree that Stewards and Chief Steward shall not jointly attend grievance meetings unless mutually agreed to by the parties. It is also agreed that the investigation of grievances is the primary role of the Steward rather than the Chief Steward. This will not preclude the Chief Steward from being involved in an investigation if deemed necessary by the Business Representative.

(2) To represent the local Union at Step II and/or Step III of the grievance procedure as provided in

Article 3, Section 2(c) of the grievance procedure.

(F) The number and locations of Stewards may be adjusted by mutual agreement to compensate for facility and population changes.

(G) The Steward or Chief Steward shall secure permission of his/her supervisor or assigned alternate before leaving his/her work station, reporting back to his/her supervisor or assigned alternate upon return to his/her work station. Permission will be granted unless operation activities are affected. The Company will not unreasonably deny or delay access to the Steward or Chief Steward. Upon entering the work area of another Supervisor's responsibility, the Steward or Chief Steward will contact the Supervisor or assigned alternate before attempting to contact any employee.

(H) The Company recognizes limitations upon the authority of the Steward or Chief Steward and shall not hold the Union liable for any unauthorized acts, subject to the provisions of the No Strike-No Lockout Article of the Agreement. The Company in so recognizing such limitations shall have the authority to impose proper discipline, including discharge, in the event a Steward or Chief Steward has taken unauthorized strike action, slowdown, work stoppage, or other actions in violation of this Agreement.

(I) It is agreed the Company will pay employees for time away from the performance of their normal jobs while acting in their Steward or Chief Steward capacity as defined in this Section. It is agreed that time away from normal work activity will be reviewed and monitored and may be addressed by mutual agreement during the period of this agreement.

(J) In order to insure the orderly administration of the terms of the labor agreement, during periods of reductions in force such employees designated as Stewards shall be considered the most senior employees in their assigned job classification, Unit and specialty for purposes of applying Article IV, Section 2, Lay-offs, of this Agreement.

(K) It is agreed between the parties that should a Steward lose or resign his/her Stewardship while maintaining super-seniority, he/she will remain in place (classification and labor grade while Steward) until another Steward replaces and assumes the duties as a Steward.

(L) On the date the new Steward assumes office replacing the Steward who was maintaining super-seniority, the former Steward's status will be determined by his/her actual seniority. That is, if there is a more senior employee on recall to the job classification and specialty occupied by the former Steward, the more senior employee will be recalled and the former Steward will be subject to the layoff and displacement provisions of Article IV Section 2 of this Agreement.

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 Director of Maintenance 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 Director of Maintenance. The contacts on Company time, which are provided for in this Section, will be no more frequent and no longer than the matter for discussion reasonably requires. No discussions will be held with supervision of any unit unless the Director of Maintenance has been notified and given an opportunity to be present.

(C) The union will provide the Company with the names of the Business Representative for Holloman and all

Sites.

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) The Company will furnish to the Union Business Representative(s) every thirty (30) days, not later than 5 days from the end of the month, one (1) electronic copy of the seniority list, showing rate, classifications, area/unit, addresses of each employee, dates of hire and shifts. The Company will provide a electronic copy of the seniority list, without employees’ addresses to the Chief Steward and each steward every thirty (30) days, not later than 5 days from the end of the month.

(B) Within five (5) days of the end of each month, the Company will furnish the Union's Financial Secretary, a list of employees hired during that month in a mutually agreed to format.

(C) Within five (5) days of the end of each month, the Company will furnish to the Union's Financial Secretary, a list of employees laid-off during that month in a mutually agreed to format.

(D) Within five (5) working days of an employee going on disability or workmen’s comp the Company will notify the Union Business Representative via phone call or e-mail, 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.

Section 6- Copies of the Agreement

The company will provide copies of this Agreement to all employees within 90 days of Union Acceptance of the CBA by the Bargaining Unit, paid for equally by the Company and the Union. Contract books shall be printed by a Union Printer.

ARTICLE III

GRIEVANCE PROCEDURE AND ARBITRATION

Section 1 - Definition of Grievance

(A) 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 which the employee(s) 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.

(B) (1) The term "Union grievance" used herein shall mean a written claim involving the interpretation, application or a claim of breach or violation of this Collective Bargaining Agreement. The grievance must identify a specific provision of the Agreement and a specific claim or violation. The specific claim or violation must result in harm to the Union as an organization rather than harm to an individual employee or class of employees.

(2) Such a "Union grievance", in the form of a letter or e-mail from the Business Representative and/or

Chief Steward to the Director of Maintenance, shall be delivered to the Director of Maintenance's office within five (5) working days from the date the Union becomes aware of the situation giving rise to the grievance. If the Union fails to present the written "Union grievance" within this time limit, the grievance shall be considered settled and no further action can be taken thereon. Both parties will make every effort to resolve the issue.

(3) Once the "Union grievance" has been presented in writing, the Director of Maintenance and Human

Resources representative shall meet with the Business Representative and Chief Steward or designated representative in an attempt to resolve the matter and render a written decision thereon within ten (10) working days of receipt of the written grievance. If the Director of Maintenance fails to provide a written decision within this time limit, or the grievance is not satisfactorily settled, the grievance shall be advanced to arbitration at the option of the Union.

Section 2 - Grievance Procedure

(A) The parties agree that all complaints and grievances should be resolved, whenever possible, with the immediate supervisor 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 in order to discuss and resolve the issue. Both parties will make every effort to resolve the issue. The employee may have their Steward present if desired.

(B) The following procedure must be followed in an effort to settle grievances that are not resolved by the employee and supervisor.

(1) STEP ONE - Any employee believing they have been aggrieved as defined in Section (1) of this Article, must meet with the appropriate supervisor to present a written grievance. 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 appropriate supervisor within five (5) working days from the date the employee became aware of the incident that gave rise to the grievance. 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. Both parties will make every effort to resolve the issue. The Supervisor shall render his/her written decision to the Steward and the employee within five (5) working days after being presented the 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 supervisor fails to provide his/her 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 Business Manager, no later than five (5) working days after receipt by the Steward of the decision rendered in (1) hereof. Grievances being forwarded to this step in the grievance procedure from sites Beale AFB, CA Whiteman AFB, MO and any companion sites under this contract listed in Article I Section 2 (A) will be permitted an additional five (5) working days.

Grievances from sites postmarked within this limit will be considered timely. Otherwise such decision shall be final and the employee shall have no further recourse.

The Business Manager shall meet with the Steward or the Chief Steward (at the Union's option) in an attempt to resolve the matter and render a written decision thereon within five (5) 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 Business Manager fails to provide a written decision within this time limit, the grievance shall be advanced to the next step.

(3) STEP THREE - If not satisfactorily settled as outlined in (2) above, the written grievance may then be presented to the Director of Maintenance no later than five (5) working days after receipt by the Steward of the decision rendered in (2) hereof. Otherwise, such decision shall be final and the employee shall have no further recourse. The Director of Maintenance and Human Resources representative shall meet with the Business Representative and the Chief Steward, (or should the grievance involve an associate site the site Steward, and Business Representative if so desired, will participate in an arranged conference call,) in an attempt to resolve the matter and render a written decision thereon within ten (10) 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 Director of Maintenance fails to provide a written decision within this time limit, the grievance shall be advanced to arbitration at the option of the Union.

(C) For grievances originating from companion sites listed in Article I Section 2 (A), the parties agree as follows: To enable the appropriate site personnel to participate in the grievance meetings at step two (2) or three (3) of the grievance procedure, the parties will arrange a conference call.

(D) It is understood that the time limits specified herein may be extended by mutual written or via e-mail agreement of the parties.

(E) 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.

(F) The Company and the Union may mutually agree in writing or via e-mail to waive any prior step of the grievance procedure and proceed directly to step three as described in Section 2 (B) (3).

(G) Grievances arising out of a discharge or suspension without pay shall be submitted directly to step three described in Section 2 (B)(3) herein. Should the Union elect to pursue such a grievance, the written grievance signed by the employee must be submitted to the Director of Maintenance within ten (10) working days of the effective date of the action. If a written grievance is not submitted to the Director of Maintenance 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.

(H) 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.

(I) It is mutually agreed that should an employee be unavailable to sign a grievance form and deliver it to the

Company within the time limits specified in an appropriate step of the grievance procedure, the Union may forward the grievance unsigned. Requests for additional time due to circumstances of the unavailability of the employee to sign will not be unreasonably denied. The Union must secure the employee signature prior to the grievance form proceeding through the next step of the grievance procedure. The Company will incur no liability, if any, as a result of the delay incurred for the Union to secure the employee’s signature.

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) (3) or the grievance shall be deemed waived. This time limit may be extended by written via e-mail mutual agreement of both parties.

(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 deter mined 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(es) 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.

(G) The parties will conduct arbitration cases involving a companion site listed in Article 1 Section 2 (A), in the

City/location closest to the companion site the grievance originated from.

ARTICLE IV

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) 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. Personnel that perform surge work must be task qualified prior to selection. 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. Examples of such work would be surge work (modifications to the contract which are required to be completed within a limited time) or "over and above" work. The Company will have the right to utilize such personnel in situations not to exceed thirty (30) cumulative days in any two (2) month period. The Company and Union may mutually agree to extend that period by thirty (30) cumulative days. The Union will not unreasonably deny a request for extension of the time period. Employees on recall will have first right of refusal for surge or “over and above” work. In instances that employees are recalled to perform such surge or “over and above” 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 surge or “over and above” work shall be considered "call-in" personnel and shall be paid the appropriate wage rates listed in this Agreement. "Call-in" employees may be laid off without regard to the provisions of Article IV, Section 2. “Call-in” personnel will not attain recall rights as provided in Article IV, Section 3. If a call-in employee described herein works more than 60 cumulative days, he/she shall gain status as a regular employee as described in (A) above. Time spent in call-in 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:

Company Seniority represents and commences with the date of placement on the payroll of the Company under the agreement in any job classification.

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 at Holloman AFB, Beale AFB CA, Whiteman AFB MO, and any companion sites under this contract as defined in Article I, Section 2. Site Seniority will be utilized in the application of Sections 2, 3, 6 and 7 of this article.

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.

(E) Transfer Seniority

Employees who may be transferred onto the contract from another company location will have their site seniority date established as the date of transfer onto the contract. Such employees will have their company seniority maintained for vacation eligibility and benefit determination purposes.

(F) Re-entering the Bargaining Unit

(1) An employee who re-enters the bargaining unit from a position outside the bargaining unit may return to the last classification held, provided he/she meets the definition of fully qualified as defined in Article IV, Section 2 and has sufficient site seniority. For purposes of this paragraph, site seniority does not accumulate while outside the bargaining unit and terminates upon completion of thirty (30) days in the non-union position. In the event such employee does not have sufficient seniority to return to the last classification held, he/she may exercise displacement rights in accordance with Article IV, Section 2.

(G) Site seniority for vacation eligibility and benefit determination purposes will not be affected by (F) above.

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 Unit and technical specialty as defined by the Company. The least senior employee within the designated job classification, Unit and technical specialty will be designated for layoff.

(B) In the event of a layoff, the employee who is designated to be laid off in accordance with (A) above shall have the right of displacement in the following order:

(1) Displace the least senior employee in the same job classification and Unit within a technical specialty to which the employee is determined to be fully qualified. Fully qualified for purposes of this paragraph shall be defined as demonstrating successful performance in a full time assignment within the Unit and technical specialty in question for one full year within the last five years.

(2) If a displacement opportunity as described in (1) above does not exist, the employee may displace the least senior employee in the same job classification in another Unit within a technical specialty to which the employee is determined to be fully qualified. Fully qualified for purposes of this paragraph shall be defined as reasonably demonstrating successful performance in a full time assignment within the unit and technical specialty in question for one full year within the last five years.

(3) If a displacement opportunity as described in (1) or (2) above does not exist, the employee designated for layoff may displace the least senior employee in a lower paid classification within a technical specialty to which the employee is determined to be fully…