11B_Grand Bay CBA.pdf

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

AHNTECH INC.

GRAND BAY RANGE, GEORGIA

AND

INTERNATIONAL ASSOCIATION OF MACHINISTS

AND AEROSPACE WORKERS, AFL-CIO and its

LOCAL LODGE 2699

VALDOSTA, GEORGIA

January 27, 2010 through January 26, 2012

TABLE OF CONTENTS

PREAMBLE

ARTICLE 1 RECOGNITION

01.01 BARGAINING UNIT

ARTICLE 2 MANAGEMENT RIGHTS

02.01 DECISIONS VESTED IN COMPANY

02.02 RULES AND REGULATIONS

02.03 NO DISCRIMINATION

02.04 CHANGE IN LOCATION OF OPERATIONS

ARTICLE 3 UNION SECURITY AND RIGHTS OF EMPLOYEES

03.01 CHECK-OFF

03.02 DEDUCTIONS

03.03 INSUFFICIENT EARNINGS

03.04 REMITTANCE OF DUES

03.05 WHEN DUES ARE NOT DEDUCTED

03.06 AGENCY SHOP

03.07 DISCHARGE FOR FAILURE TO PAY UNION DUES

ARTICLE 4 SENIORITY

04.01 SENIORITY DEFINED

04.02 QUALIFICATIONS

04.03 ACQUISITION OF SENIORITY

04.04 REHIRE OF PROBATIONARY EMPLOYEE

04.05 PROBATIONARY EMPLOYEE ABSENCE

04.06 BREAKING SENIORITY

04.07 INDEFINITE LAYOFF

04.08 NOTIFICATION OF INDEFINITE LAYOFF

04.09 TEMPORARY LAYOFFS

04.10 LAYOFF RECALL RIGHTS

04.11 CLASSIFICATION VACANCIES

04.12 SHIFT AND WORKWEEK VACANCIES

04.13 STATUS CHANGE REQUEST FORMS

04.14 LOCATION ASSIGNMENTS AWAY FROM THE BARGAINING UNIT

04.15 TEMPORARY DUTY (TDY) ASSIGNMENTS

04.16 TRAINING

04.17 NOTIFICATIONS OF CHANGE IN STATUS

04.18 TRIAL PERIOD

04.19 TEMPORARY TRANSFERS

04.20 PERMANENT DISABILITY

04.21 SENIORITY LISTS

04.22 ERRORS IN SENIORITY LISTING

04.23 NEW HIRES LIST

04.24 LAYOFF/RECALL LISTS

04.25 SECURITY CLEARANCES AND NAC'S

04.26 CLASSIFICATION REALIGNMENTS

ARTICLE 5 LEAVES OF ABSENCE

05.01 UNPAID LEAVES OF ABSENCE

05.02 PAID LEAVES OF ABSENCE

05.03 FAMILY AND MEDICAL LEAVE

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ARTICLE 6 UNION REPRESENTATION

06.01 UNION FULL-TIME REPRESENTATIVES, GRIEVANCE COMMITTEE PERSONS AND

STEWARDS

06.02 NOTIFICATION OF LOCAL UNION REPRESENTATIVES

06.03 STEWARDS

06.04 NO TRANSFERS OF STEWARDS

06.05 SUPER-SENIORITY FOR UNION REPRESENTATIVES

06.06 FULL-TIME UNION REPRESENTATIVES

06.07 SAFEGUARDING OF STEWARD MATERIALS

ARTICLE 7 GRIEVANCE PROCEDURE

07.01 GRIEVANCE DEFINED

07.02 STEP ONE

07.03 STEP TWO

07.04 STEP THREE

07.05 REFERRAL TO ARBITRATION

07.06 EXTENSION OF TIME LIMITS

07.07 COMBINING OR GROUPING OF GRIEVANCES

07.08 OBTAINING A SHOP STEWARD

07.09 GRIEVANCE MEETINGS

07.10 REASONABLE TIME TO PROCESS GRIEVANCES

07.11 MINIMUM TIME PROCESSING GRIEVANCES

07.12 POLICY GRIEVANCES

07.13 NOTICE OF DISCHARGE

ARTICLE 8 ARBITRATION

08.01 OBTAINING AND SELECTING THE ARBITRATOR

08.02 LIMITATION OF ARBITRATOR'S AUTHORITY

08.03 SHARING OF FEES

08.04 EXTENSION OF TIME LIMITS

08.05 SUBMISSION OF NON-CONTRACT ISSUES

ARTICLE 9 STRIKES AND LOCKOUTS

09.01 NO STRIKE/NO LOCKOUT

09.02 OBLIGATION OF UNION

09.03 DISCIPLINARY ACTION

ARTICLE 10 HOURS OF WORK

10.01 PURPOSE

10.02 WORK DAYS DEFINED

10.03 CALENDAR DAY DEFINED

10.04 WORK WEEK DEFINED

10.05 REGULAR AND ODD WORK WEEK DEFINED

10.06 STARTING TIMES

10.07 REST PERIODS

10.08 EARLY STARTING

10.09 REPORTING PAY

10.10 CALL BACK PAY

10.11 CALL IN PAY

ARTICLE 11 OVERTIME

11.01 OVERTIME COMPENSATION

11.02 OVERTIME COMPENSATION ON HOLIDAYS

11.03 NO DUPLICATION OR PYRAMIDING OF OVERTIME

11.04 ROTATION AND EQUALIZATION OF OVERTIME

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11.05 REPORT PAY ON DAY OF SCHEDULED OVERTIME

11.06 POSTING AND POLLING OF OVERTIME

11.07 OVERTIME CONSIDERATIONS FOR PROBATIONARY EMPLOYEES

ARTICLE 12 HOLIDAYS

12.01 RECOGNIZED HOLIDAYS

12.02 ADDITIONAL HOLIDAYS

12.03 WHEN HOLIDAYS FALL ON WEEK ENDS OR SCHEDULED DAY OFF

12.04 FULL-TIME EMPLOYEES ENTITLED TO EIGHT (8) HOURS HOLIDAY PAY

12.05 COMPANY DETERMINES IF THERE IS WORK ON HOLIDAYS

12.06 HOLIDAYS DURING VACATION

ARTICLE 13 BULLETIN BOARDS

13.01 COMPANY PROVIDED BULLETIN BOARDS

13.02 SHOP STEWARDS RESPONSIBLE FOR UP KEEP OF BULLETIN BOARDS

ARTICLE 14 PAID TIME OFF

14.01 PAID TIME OFF

14.02 EFFECTIVE DATE OF CHANGES

14.03 PERSONAL TIME OFF (PTO)

14.04 VACATION

ARTICLE 15 GENERAL

15.01 SAFE CONDITIONS

15.02 SAFETY EQUIPMENT

15.03 PROTECTIVE CLOTHING

15.04 SMOKING AREAS

15.05 BREAK AREAS

15.06 EMPLOYEE PHYSICALS

15.07 INJURY ON THE JOB

15.08 DOCUMENTATION OF MEDICAL VISITS

15.09 AMERICANS WITH DISABILITY ACT

15.10 EMPLOYEE PERSONAL TOOLS

15.11 COMMERCIAL DRIVER'S LICENSE

ARTICLE 16 WAIVERS

16.01 WAIVERS NOT PRECEDENT SETTING

ARTICLE 17 WAGES

17.01 PAY IN ACCORDANCE WITH WAGE SCHEDULE OF APPENDIX “A”

17.02 EFFECTIVE DATES FOR RECLASSIFICATIONS

17.03 BASE RATE

17.04 REGULAR RATE

17.05 SHIFT PREMIUM PAY

17.06 RECEIPT OF PAY CHECK

17.07 PAY AT TERMINATION OR LAY OFF

17.08 LEAD DIFFERENTIAL

17.09 PAY FOR HOURS WORKED IN OTHER CLASSIFICATIONS

ARTICLE 18 BARGAINING UNIT WORK

18.01 BARGAINING UNIT WORK

ARTICLE 19 DRUG ABUSE AND ALCOHOL MISUSE PREVENTION

19.01 DRUG-FREE AND ALCOHOL-FREE WORKPLACE

19.02 VIOLATION OF THIS POLICY IS JUST CAUSE FOR TERMINATION

19.03 TESTING

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19.04 VIOLATION OF POLICY

19.05 PRE-EMPLOYMENT TESTING

19.06 NOTIFICATIONS OF MEDICINES USED

19.07 REANALYSIS

19.08 SPLIT SAMPLE

ARTICLE 20 SAVINGS

ARTICLE 21 TRAVEL AND TRANSPORTATION

21.01 EMPLOYEE EXPENSES

21.02 TRANSPORTATION POV

21.03 OTHER TRANSPORTATION

ARTICLE 22 JOB CLASSIFICATIONS/JOB DESCRIPTIONS

22.01 JOB CLASSIFICATIONS

22.02 JOB DESCRIPTIONS

22.03 NO EFFECT ON PERSONNEL IN CLASSIFICATIONS

ARTICLE 23 NEW CLASSIFICATIONS

23.01 NEW JOB CLASSIFICATIONS

23.02 UNION MAY FILE POLICY GRIEVANCE

23.03 JURISDICTION OF ARBITRATOR

23.04 NEW JOB CLASSIFICATIONS TO BE POSTED

ARTICLE 24 NEW TECHNOLOGY

24.01 COMPANY AND UNION GOALS

24.02 TECHNOLOGY BRIEFINGS

24.03 TRAINING TO QUALIFY

24.04 CHANGES IN WORK

ARTICLE 25 HEALTH AND WELFARE BENEFITS

25.01 HEALTH AND WELFARE BENEFIT RATE

25.02 HEALTH AND WELFARE BENEFIT COVERAGE

25.03 PENSION

25.04 EMPLOYEE MEDICAL PREMIUMS

ARTICLE 26 DURATION

26.01 DURATION OF AGREEMENT

26.02 SEPARABILITY

26.03 MIDTERM MODIFICATIONS OF AGREEMENT

APPENDIX “A”

PREAMBLE

This Agreement, effective the 27th of January, 2010, by and between AHNTECH INC. of San Diego, California, hereinafter referred to as the Company, and the INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO, and its LOCAL LODGE NO. 2699 hereinafter referred to as the Union.

The purpose of this Agreement is to provide for terms and conditions of employment for employees in the bargaining unit, to provide for orderly collective bargaining relations between the Company and the Union, and to secure a prompt and fair disposition of grievances.

The term "employee" or "employees" as used in this Agreement (except where the context clearly indicates otherwise) shall mean an employee or employees of the Company within the bargaining unit described in the Recognition Article of this Agreement. Any terms denoting the masculine gender such as "he" or "his" as used in this Agreement shall refer both to male and female employees of the Company.

This Agreement can be changed or modified only by a document in writing signed on behalf of both parties hereto.

ARTICLE 1 RECOGNITION

01.01 BARGAINING UNIT

AHNTECH INC. of San Diego, California (hereinafter referred to as the Company), hereby recognizes the International Association of Machinists and Aerospace Workers, AFL- CIO, and its Local Lodge 2699, (hereinafter referred to as the Union), its designees, representative, successors and/or assigns, as the sole and exclusive collective bargaining representative for all of its full time and regular part-time production and maintenance employees employed by the Company in support of all of its Grand Bay Range, Georgia operations in all classifications of work recognized by the National Labor Relations Board in Case Number 12-RC-9047, including: Range Control Officers/Air Traffic Control Station (RCO/ATCS), Computer Operator, Level II/Range Operators (COII), Heavy Equipment Mechanic, Electronic Technician II, and any new or revised job classifications that may be negotiated or created under the terms of this Agreement, but excluding the following classifications of employees normally excluded by the National Labor Relations Board under the Act: office clerical employees, professional employees, managerial employees, guards, and supervisors.

ARTICLE 2 MANAGEMENT RIGHTS

02.01 DECISIONS VESTED IN COMPANY

Except insofar as it is abridged by provisions of this Agreement, management decisions, the management of the Company and the direction of the work force is vested in the Company in order that its business, jobs and wages shall be protected. This includes the right to hire, to assign, to transfer, to promote, to reclassify, to discipline for just cause, to suspend for just cause, or to discharge for just cause; the making of reasonable rules and regulations not in conflict with this Agreement; the right to relieve employees from duty because of a lack of work, provided that this shall not be used for the purpose of discrimination as defined by Section 02.03 against any employee. The rights of the Company shall not be exercised in an arbitrary or capricious manner nor shall they be exercised contrary to any provision of this Agreement.

02.02 RULES AND REGULATIONS

The Company shall enforce rules and regulations fairly and equitably. The Union and employees shall be notified in writing thirty (30) days prior to the institution of new rules and regulations or changes in existing rules and regulations. Employees may only be disciplined for just cause. An employee shall have the right to protest through the grievance procedure the extent of any penalty levied against any employee for any alleged violation of such rules and regulations. The Union reserves the right to file grievances on behalf of represented employees of the bargaining unit. Letters of Reprimand will be removed from Company files and returned to the employee two hundred seventy (270) calendar days from date it was issued to the employee and shall have no future effect upon the employee. Letters of Suspension will be removed from Company files and returned to the employee on three hundred and sixty five (365) calendar days from date it was issued to the employee and shall have no future effect upon the employee. Letters of Reprimand, Suspension and Discharge shall be removed from Company files and returned to the employee if they are deemed to have been improperly issued through the grievance/arbitration process and shall have no future effect upon the employee. Letters of Reprimand, Suspension and Discharge may be removed at an earlier date through mediation by the parties to this Agreement. When Letters of Reprimand, Suspension or Discharge are removed from Company files through mediation they shall have no future effect upon the employee, unless otherwise agreed upon by the parties.

02.03 NO DISCRIMINATION

There shall be no discrimination in regards to tenure, terms or conditions of employment because of race, creed, color, sex, marital status, age, religion, national origin, ancestry, military veteran status, handicap or disability regardless of the number of employees in the bargaining unit who are employed by the Company.

02.04 CHANGE IN LOCATION OF OPERATIONS

The Company shall notify the Union of any changes in the location of its operations ninety (90) days prior to any changes taking place. The Company and the Union shall meet to negotiate the affects of any such changes.

ARTICLE 3 UNION SECURITY AND RIGHTS OF EMPLOYEES

03.01 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 Union dues or agency service fees, initiation fees and reinstatement fees, upon receipt of and in accordance with a deduction authorization, duly executed by the employee, on a document provided by the Union and shall continue deductions until such authorization is duly revoked by the employee. Failure to authorize union dues or applicable service fees deductions does not relieve employees from the Union agency shop obligation under this Article.

03.02 DEDUCTIONS

Deductions from money due the employee pursuant to this Article shall be made from the net earnings due the employee and shall be payable on the first regular payday in each month, provided the Company has received such deduction authorization and notice from the Financial Secretary of Local Lodge No. 2699 by the 25th day of the preceding month in which such deductions are made. There shall be only one remittance per month by the Company.

03.03 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 service fees or dues shall be for the current month only.

03.04 REMITTANCE OF DUES

Deductions shall be remitted to the Financial Secretary of Local Lodge No. 2699 not later than 10 days following the payday on which the deductions were made. The Company shall furnish to the Financial Secretary of the Local Union at the same time, a list showing those members for whom deductions have been made and the amount thereof.

03.05 WHEN DUES ARE NOT DEDUCTED

Should an employee be promoted or transferred to a classification not covered by this Agreement, the Company shall cease deducting applicable service fees or dues from such employee. When ceasing to deduct applicable service fees or dues for reasons cited in this Section, the Company shall submit to the Financial Secretary of Local Lodge No. 2699 the names of all such employees who have been promoted or transferred.

03.06 AGENCY SHOP

As provided herein, all employees in the bargaining unit now or hereafter employed in the classifications and work covered by this Agreement, and as it may have been supplemented or amended, shall as a condition of continued employment in such work become and remain members in good standing in the Union or pay applicable service fees sixty (60) days following the beginning of such employment or the effective date of this Agreement, whichever is later.

Each employee shall receive a notice of their obligations under the Union agency shop provisions of this Article and shall sign for the receipt of such notice.

03.07 DISCHARGE FOR FAILURE TO PAY UNION DUES

The Company will within ten (10) working days after receipt of notice from the Union, discharge any employee who is not in good standing in the Union or paying the applicable agency service fees, initiation fees and reinstatement fees, as required by Section 03.06. Any employee so discharged shall be deemed to be 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 4 SENIORITY

04.01 SENIORITY DEFINED

Seniority is defined as the employee’s length of service with the Company and all previous contractors engaged in performing services (Grand Bay Range Operations) for the United States Government (whether directly or indirectly) for those employees in the bargaining unit at the time this Agreement becomes effective or hereafter employed in the classifications and work covered by this Agreement, and as it may have been supplemented or amended. An employee’s seniority date shall be the earliest date the employee began performing work for the Company and all previous contractors, except when seniority has been broken (as defined in Section 04.06), in which event his seniority shall be computed from the last period of rehire and shall be computed from the first day he began performing work for the Company after rehire.

Employees in a lay off status continue to accumulate seniority. An employee’s relative ranking for purposes of seniority shall be as follows: An employee having an earlier seniority date shall be more senior than an employee with a later seniority date. The relative seniority of employees who have the same seniority date shall be determined in accordance with the last four digits of each employee's social security number. In such cases the employee(s) having the lowest number(s) shall be deemed to be the most senior; if the last four digits are identical the next previous digit which is not identical shall be determinative. The Company will give preference to seniority among employees in the bargaining unit and in accordance with this Article. In applying the principles of seniority, each employee’s seniority date shall be used to establish first right of acceptance or refusal. The first right of acceptance or refusal shall be given to the most senior employee. If the most senior employee chooses to refuse an opportunity, then the employee with next lower relative seniority date will be given the same right of acceptance or refusal. Each time the right of acceptance or refusal is exercised and a need still exists, the opportunity to exercise the right of acceptance or refusal shall be given to each next senior employee in succession until the least senior employee is given the opportunity to exercise the right of acceptance or refusal. The principles of seniority shall be used in the determination of, but shall not be limited to, layoff/recall; training; vacation; overtime; the filling of vacancies for advancement, promotion, shift changes, work week assignment, TDY assignment, Bonus pay job assignments, temporary reclassification assignments, etc., with the right of first acceptance or refusal given to the most senior employee(s) first. If there is no employee(s) volunteering to accept, then the least senior employee(s) shall be assigned.

04.02 QUALIFICATIONS

"Qualified" or "qualifications" unless otherwise specified, shall mean the employee meets the minimum requirements of the job description and can perform the work involved.

When employees are reclassified in accordance with provisions of this Agreement they shall be given such guidance and orientation as are normally necessary to perform the work of the classification or bonus pay job assignment.

04.03 ACQUISITION OF SENIORITY

Employees who are employed by the Company at the time this Agreement becomes effective shall be considered as seniority employees and shall have their seniority date established in accordance with Section 04.01 of this Article. Said employees and shall not be subject to the ninety (90) day probationary period and shall retain and accrue all seniority as though a change in contractors to the U.S. Government never occurred.

A new employee is an employee who was not employed by the Company or its predecessor contractor(s) prior to the effective date of this Agreement or an employee who is re-employed after a break in seniority, in accordance with Section 04.06 of this Agreement, subsequent to the effective date of this Agreement. Said new employees shall not acquire seniority under this Agreement until the expiration of a probationary period consisting of ninety

(90) calendar days of continuous service following the day he begins performing work for the Company. If the employee is continued in the employ of the Company after the expiration of the ninety (90) day probationary period, he shall acquire seniority and his seniority shall be computed from the first day he began performing work for the Company in the bargaining unit set forth in this Agreement. Any separations of employment during said ninety (90) day probationary period shall not be made the basis of a claim or 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, as discrimination is defined in Article 2, Section 02.03 of this Agreement.

During their first ninety (90) days of employment, employees who are in a probationary status shall not compete for overtime, bonus pay job assignment, classification, location or shift.

04.04 REHIRE OF PROBATIONARY EMPLOYEE

In the event that a probationary employee is rehired within ninety (90) calendar days after being terminated as part of a layoff process during the employee’s probationary period, he shall receive credit for all previous service as a probationary employee.

04.05 PROBATIONARY EMPLOYEE ABSENCE

If a probationary employee is granted a leave of absence in excess of five (5) work days or is absent in excess of five (5) work days during his probationary period, the effective date of acquiring seniority shall be postponed by the number of calendar days the employee is absent or on leave of absence.

04.06 BREAKING SENIORITY

An employee's seniority shall be considered broken and all rights under this Agreement forfeited only when an employee:

(a) Resigns or is discharged for just cause or accepts employment in a position with the Company that is outside of the bargaining unit defined by this Agreement.

(b) Fails or refuses to return to work within twenty (20) calendar days after being recalled, unless a satisfactory reason and documentation (if such documentation exists or can be acquired) is provided to warrant leniency. Notification of recall for the purpose of this Section shall be made by certified mail, telegram or other documented and verifiable means addressed to the employee's last known address as shown on the Company's records. The employee shall keep the Company informed of his current address. Failure to receive notice of recall shall be considered a satisfactory reason for not returning to work within twenty (20) calendar days, so as to retain seniority, but shall not obligate the Company to hold the position open. An employee who fails to receive the notice, and is not otherwise aware of his recall, and therefore does not report to work within twenty

(20) calendar days shall continue to accrue seniority, but there shall be no further duty to recall the employee until the employee notifies the Company of his current mailing address.

04.07 INDEFINITE LAYOFF

An indefinite layoff is a layoff that is five (5) work days, forty (40) hours or more in duration. For the purpose of an indefinite layoff employees in the bargaining unit shall be laid off in the following order (a – d) as follows:

(a) Seniority employees who desire to be laid off shall be permitted to submit a written request for a portion of the lay off period or all of the layoff period. Said seniority employees shall be laid off first. If there is a conflict among those employees requesting layoff, seniority shall prevail and the employee(s) who is more senior shall have his request honored. Those employees who volunteer for a period of layoff shall be permitted to return to work at the end of the period designated by the employee in the layoff request, provided the employee has the seniority to do so. Employees who elect to be laid off shall have the option to use vacation time or take time off without pay during the requested layoff period.

(b) If there are no volunteers for layoff, then Probationary employees in the affected classification shall be terminated next, and;

(c) Seniority employees in the affected classification having the least seniority shall then be laid off. A seniority employee in the affected classification, who would otherwise be laid off, who has seniority over employees in other classifications shall be permitted to exercise his seniority and bump an employee in another classification with less seniority. Forty-eight (48) hours (excluding Saturday and Sunday) from the time the Company serves the employee with written notice of indefinite lay off the employee shall have the right to file a written request to:

(1) displace the least senior employee in a lower classification; or

(2) displace the least senior employee in any classification for which he is qualified to perform work; or

(3) elect a lay off and await recall to any job classification for which he is qualified to perform work and for which he has filed a written request.

(d) Any Leader who is displaced will be permitted to displace the least senior classified employee in the same classification, provided he has the seniority to do so, and shall be recalled to the Leader position before any vacancies for the Leader position are filled provided he makes a written request to be recalled to the position when vacancy/opening for the Leader position becomes available.

04.08 NOTIFICATION OF INDEFINITE LAYOFF

When decreasing the work force in connection with an indefinite layoff, the Company shall give the Union and the affected least senior employee(s) in the classification fifteen (15) calendar days notice prior to the effective date of the lay off if practicable, (i.e., government stop orders). The notice shall state the date the lay off will become effective and the expected date of return, if known. Employees who are affected by an indefinite lay off and are on a leave of absence or temporarily laid off at the time the layoff notice is due to be given shall be notified of the indefinite layoff by certified letter or other documented and verifiable means sent to their last known address as shown on the Company records. Employees who are laid off as a result of being displaced by a more senior employee under Section 04.07 are not subject to the fifteen (15) day notice provision but will receive two (2) work days notice.

04.09 TEMPORARY LAYOFFS

A temporary layoff is a lay off that is up to, but not more than, five work days in duration. Section 04.07 of this Article shall not apply to temporary layoffs. There shall not be more than one such temporary lay off per thirty (30) calendar day period, except by mutual agreement of the parties to this Agreement. Temporary layoffs shall be made by classification in accordance with seniority, as follows:

(a) Probationary employees shall be laid off first, then;

(b) The least senior employees in the affected classifications shall be laid off.

04.10 LAYOFF RECALL RIGHTS

Employees in layoff status shall continue to accumulate seniority. Employees will be recalled in reverse order of layoff. The Company will send recall notices by certified mail to the employee’s last official address of record as provided by the employee at the time of layoff or after a change of address. The employee has ten (10) working days after receipt of the recall notice was received by the employee to accept employment. If employees laid off from a job classification decline to return to a particular classification, then the next employee in reverse order of layoff shall be offered recall.

04.11 CLASSIFICATION VACANCIES

Whenever a vacancy or job opening for a classification exists, other than as a result of layoff, the Company shall post a written notice of the vacancy on all Company bulletin boards in each work site ten work days prior to filling the position. The written notice shall state the classification to be filled, the date the notice is posted, the date the position will be filled, and the job description for the classification. The position shall be filled from within the bargaining unit first. Any employee in the bargaining unit desiring to be considered for the vacancy shall submit a written request for the posted vacancy to his immediate supervisor in accordance with Section

04.13 prior to the end of the employee’s shift on the Wednesday prior to the Monday that the vacancy is to be filled. The vacancy will be filled by the most senior qualified employee(s) in the bargaining unit who has submitted a written request. All classification status changes will take place on Monday. When an employee enters a classification he has not previously held he may be temporarily assigned to a location and shift for a period of up to ten work days for familiarization purposes. At the end of the ten work day period, he shall be permitted to occupy the location and shift of his choice, seniority permitting.

(a) An employee returning from a vacation of any length, a leave of absence of up to ninety (90) calendar days, or any medical leave of any duration, whether paid or unpaid, who would have had the opportunity to fill the vacancy in a classification during his absence, shall be offered the opportunity to fill the vacancy that occurred during his absence within seven (7) days of returning to work, if he is senior to the person who filled the vacancy. If he accepts the position, he shall displace the employee who filled the vacancy in his absence, and that employee, if displaced, shall be returned to the position he held prior to filling the vacancy.

If the employee declines the opportunity to fill the position upon his return to work he shall be permitted to do so without penalty.

(b) If a vacancy is not filled under Section 04.11, or 04.11(a) it will be offered to employees on layoff, by seniority, who have the qualifications to perform the work involved, and who have a written a request on file for the vacancy being filled. The most senior qualified employee desiring to fill the position will fill the vacancy.

(c) An employee on layoff shall not be entitled to displace another employee from employment.

(d) If the vacancy is not filled under Section 04.11, 04.11(a) or 04.11(b) it will be filled by new hires.

04.12 SHIFT AND WORKWEEK VACANCIES

Whenever a vacancy for shift or workweek exists, other than as a result of layoff, the Company shall post a written notice of the vacancy on all Company bulletin boards in each work site ten work days prior to filling the position. The written notice shall state the shift or workweek to be filled, the date the notice is posted, and the date the position will be filled. An employee desiring to be considered for the vacancy shall submit a written request for the posted vacancy to his immediate supervisor in accordance with Section 04.13 prior to the end of the employee’s shift on the Wednesday prior to the Monday that the vacancy is to be filled. The vacancy will be filled by the most senior qualified employee(s) who has submitted a written request. All shift and workweek changes will take place on Monday.

(a) An employee returning from a vacation of any length, a leave of absence of up to ninety (90) calendar days, or any medical leave of any duration, whether paid or unpaid, who would have had the opportunity to fill the vacancy on a shift or workweek during his absence, shall be offered the opportunity to fill the vacancy that occurred during his absence within seven (7) days of returning to work, if he is senior to the person who filled the vacancy. If he accepts the position, he shall displace the employee who filled the vacancy in his absence, and that employee, if displaced, shall be returned to the position he held prior to filling the vacancy.

If the employee declines the opportunity to fill the position upon his return to work he shall be permitted to do so without penalty.

04.13 STATUS CHANGE REQUEST FORMS

Request forms for vacancies shall be available to employees in each work area. Request Forms must be turned in to the employee’s immediate supervisor not later than the end of the employee’s shift on the Wednesday prior to the Monday the vacancy is filled. The employee’s immediate supervisor shall sign and date the request form on the same day the employee presents it to him, and the employee’s immediate supervisor shall provide a duplicate copy of the signed request form to the employee. The request form is deemed to be received by the Company on the date it is signed by the employee’s immediate supervisor. Requests forms may be withdrawn at any time and the withdrawal will be effective the day it is received and signed by the employee and the employee’s immediate supervisor.

(a) If the Company does not honor a status change request, it shall notify the employee in writing and shall state the reason for the denial.

(b) When an employee is reclassified from one classification to another the employee must file a new request form showing his current classification status in order to receive consideration for reclassification.

(c) An employee will receive a change of status document showing the change of status.

04.14 LOCATION ASSIGNMENTS AWAY FROM THE BARGAINING UNIT

Assignments to work locations away from the employee’s bargaining unit work location shall be made from among the senior volunteers within the affected classification in the bargaining unit. The Company will make every effort to notify employees of the need to perform at work locations other than their normal work location as soon as possible, so that employees can take into consideration family needs or other considerations.

(a) If there are no volunteers, then the least senior qualified employee in the bargaining unit from within the affected classification shall be assigned.

(b) Employees assigned to such work locations outside their bargaining unit’s normal work location shall be given preference to return to the supporting bargaining unit’s work location over recalls from layoff and new hires.

04.15 TEMPORARY DUTY (TDY) ASSIGNMENTS

Temporary duty assignments away from the employee’s perspective bargaining unit shall be made by seniority. The senior most qualified employees in the affected classification shall be given the opportunity to volunteer for the temporary duty assignment. Employees who have scheduled one full week or more vacation which is scheduled to begin during the first four weeks of temporary assignment are ineligible to be considered for the assignment. However, in the absence of qualified volunteers, these employees may volunteer for the assignment provided their vacation can be rescheduled and taken during the current vacation year. Employees on temporary assignment cannot take any vacation days while on assignment without the prior consent of the Company designated individual in charge of the temporary assignment.

Employees who are absent other than TDY will also be considered for the assignment provided they are scheduled to return to work at their perspective bargaining unit on the work day prior to the calendar day of scheduled departure. Employees on TDY will be considered for the assignment provided they are scheduled to return and are physically present at their perspective bargaining unit location three full work days prior to the calendar day of scheduled departure.

For the purpose of this section work days are defined as Monday through Friday.

(a) The Company will ask for volunteers as soon as practical after receipt of notification of a TDY support requirement. In the absence of sufficient volunteers, the least senior employee(s) shall be assigned.

(b) The Company will make every effort to complete the selection process and notify the employees of the TDY assignment seven (7) days prior to departure for the TDY assignment, but not less than three (3) work days prior to the scheduled departure. Employees who cannot be contacted by documented and verifiable means prior to this time will be bypassed for the assignment.

(c) An employee who accepts or is assigned to a TDY assignment will not be eligible for subsequent TDY assignments until the original mission is either completed, canceled or delayed in accordance with 4.15(d).

(d) If the TDY assignment is subsequently canceled or the starting date for the TDY assignment is delayed for fifteen (15) calendar days or more, those employees selected for the assignment shall be so notified. Selection for another TDY requirement shall be made upon receipt of the need for such requirement, unless otherwise mutually agreed upon by the parties to this Agreement.

(e) Any employee on TDY may perform duties out of his classification to complete the mission and/or may be temporarily assigned to a bonus pay job. When required to perform work which is below his/her classification the employee shall not suffer a reduction in pay. When performing the work of a higher classification, he shall be paid at the higher rate of pay for all time worked while performing the duties of the higher classification.

(f) If an employee is on TDY assignment at the time a layoff occurs the employee shall be laid off upon his return to the bargaining unit or within seven (7) calendar days, whichever is sooner. A replacement will be sent if there are seven (7) calendar days or more remaining from the effective date of the layoff until the scheduled ending date of the TDY assignment.

04.16 TRAINING

Whenever a need for training exists within a classification the most senior volunteer(s) in the affected classification shall be selected for the training. In the absence of volunteers, the least senior employee(s) in the affected classification will be assigned.

(a) Should a dispute arise among volunteers, seniority will prevail. Absent employees will be considered provided they are scheduled to return to work on the work day prior to the calendar day of the assignment.

04.17 NOTIFICATIONS OF CHANGE IN STATUS

The Company will notify employees of any impending change in status in writing by the end of his shift on the Friday prior to the Monday such change is made.

(a) A report of all status changes in the bargaining units will be prepared as changes occur. A copy of this report will be furnished to the Business Representative and Chief Steward of the Union, and a copy will be posted on Union bulletin boards at each work site during the week the changes are made.

04.18 TRIAL PERIOD

An employee assigned to a job classification or bonus pay job who fails to perform satisfactorily the requirements of the job classification or bonus pay job will be returned to the status he held prior to his assignment within a reasonable length of time, not to exceed 90 days.

04.19 TEMPORARY TRANSFERS

Whenever a need exists to temporarily transfer employees from one classification to another classification for which a posted vacancy is being filled, the Company may transfer volunteers from one classification to the affected classification for a period of up to ten (10) work days while the Company is working to fill the vacancy in accordance with Section 04.12.

An employee who is temporarily transferred to a lower classification shall not suffer a reduction in pay. An employee who is temporarily transferred to a higher classification shall be paid at the higher rate of pay for all hours worked in that higher classification. Temporary transfers of employees from one classification to another may be made for the purpose of avoiding the forced layoff of bargaining unit employees during varying business conditions, provided that this Section shall not be used more than once in a thirty (30) calendar day period, unless mutually agreed upon by the parties to this Agreement.

The Company shall temporarily transfer employees as follows: 1) The Company shall first declare the classification from which the volunteers will be needed and then declare the posted classification vacancy to be temporarily filled. 2) The Company shall ask for volunteers from the classification that is needed to fill the temporary vacancy. 3) If there are no volunteers, then the least senior employee shall be assigned.

04.20 PERMANENT DISABILITY

Employees who are unable to perform the duties and responsibilities of their classification because of a permanent disability that cannot be accommodated in their classification shall be allowed to exercise his options under the layoff procedure and displace an employee in another classification for which he is able to perform work or he shall be given a leave of absence, if unable to displace another employee. Each case will be discussed with the Union prior to granting the right to exercise any rights under Section 04.07.

04.21 SENIORITY LISTS

The Company shall furnish a seniority list each January or when changes occur to the Union Business Representative, the Chief Steward, and each shop steward. Seniority lists for the bargaining unit shall be made available to employees at each worksite. If employees are laid off, then a new seniority list will be distributed after the last person is displaced.

04.22 ERRORS IN SENIORITY LISTING

Errors in seniority listings that are reported to the Site Manager by the Union shall be corrected immediately.

04.23 NEW HIRES LIST

The Company shall furnish the Chief Steward with a list of newly hired employees showing their name, classification and date of hire, on the Monday following the date they were hired.

04.24 LAYOFF/RECALL LISTS

The Company shall provide to the Business Representative and Chief Steward a list of all bargaining unit employees in lay off status or recalled on the Monday following the layoff or recall, but in any event, not later than five work days after such layoff or recall. The list shall contain the employee's name, classification, seniority date and date of layoff.

04.25 SECURITY CLEARANCES AND NAC'S

As the need arises, the Company shall provide an opportunity for employees to obtain a National Agency Check or Security Clearances.

(a) If the government requires that an employee must be authorized access to government designated restricted areas, sensitive information, perform sensitive duties to perform a specific job, work at a specific location, or work in support of a particular project, the employee shall apply and be processed for a National Agency Check (NAC) or Security Clearance in accordance with current government procedures.

(b) Employees requesting a reclassification or a move to fill a position requiring a

NAC or Security Clearance, who do not have a NAC or Security Clearance will submit their NAC or Security Clearance request, as appropriate, with their status change request to move to this position. Employees who do not have a favorably adjudicated NAC shall not be assigned to jobs, classifications, locations or projects which require a NAC or Security Clearance, as appropriate, for access or performance until so cleared.

(c) If an employee is assigned to a work area or location in which the government requires a NAC or a Security Clearance, as appropriate, and is denied the NAC or Security Clearance, whichever is appropriate, the employee shall be allowed to exercise his rights, seniority permitting, under 04.07.

04.26 CLASSIFICATION REALIGNMENTS

When there is an excess number of employees in a particular classification, and a shortage of employees in another classification, the excess employee(s) may compete for the vacant classifications together with those employees who have a classification change request on file for the vacancy(s). If the excess employee(s) cannot or elects not to fill a vacancy, he may exercise the options provided in the indefinite lay off article.

(a) Affected employees and the Union will receive no less than ten work days notice prior to any classification changes taking place.

ARTICLE 5 LEAVES OF ABSENCE

05.01 UNPAID LEAVES OF ABSENCE

(a) 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 a 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.

(b) STATE CONVENTIONS – Leaves of absence without pay shall be granted by the Company on three (3) 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, to serve as members of local and district lodge auditing committees, to serves as tellers in local and district lodge elections, to attend official Union schools, to attend to official Union business on behalf of the local or district lodge, but in no event is the number to exceed a total of one (1) employee. The Company or Union may waive the three (3) 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.

(c) LEAVE FOR PERSONAL REASONS – Leaves of absences without pay for relatively short periods up to thirty (30) days may be granted to employees for personal reasons and seniority shall accumulate during such leaves.

(d) WORKER'S COMPENSATION LEAVE – Employees away from their jobs because of a compensable injury or compensable disease as defined by the Workers' Compensation Act of Georgia shall be given leave of absence without pay and shall accrue seniority while on such leave.

(e) APPLICATION FOR EXTENDED LEAVE – Applications for an extended leave of absence for a period of up to one (1) year may be granted to employees for personal reasons and seniority shall accumulate during such leaves. Under extenuating circumstances, such one year periods may be renewed by the Company upon request of the employee.

(f) PUBLIC OFFICE - Any seniority employee electing to campaign for a public office shall be allowed to take a leave without pay for a period of time necessary to conduct his campaign. Should a seniority employee be elected or appointed to full-time public office, he shall be granted a leave of absence, without pay, for a period not to exceed the length of his service at the time of such leave of absence commences. Seniority shall accumulate during such leave.

05.02 PAID LEAVES OF ABSENCE

(a) BEREAVEMENT LEAVE – Employees having one year of service with the Company shall be entitled to three (3) days bereavement pay during a period of bereavement leave that is due to the death of a member of his immediate family.

Bereavement pay shall be at the rate of eight (8) hours per day. Bereavement leave of three days shall be granted upon request. Additional days of unpaid bereavement leave may be granted if the distance required for travel is more than two hundred (200) miles from the employee’s work site. Members of the immediate family includes: the employee's father, mother, step-father, step-mother, sister, brother, half-sister, half-brother, step-sister, step-brother, child, step-child, father-in-law, mother-in-law, son-in-law, daughter-in-law, and grandparents. "Child" includes a foster child placed in the employee's home by a state agency. Seniority shall accumulate during such leaves of absence.

(b) MILITARY ANNUAL TRAINING LEAVE AND AUGMENTED PAY –

Employees ordered to active duty for annual training with the National Guard or organized military reserve units, shall be granted a leave of absence not to exceed two (2) weeks in each fiscal year, provided the Employee furnishes the Company a copy of his military orders at the time the leave of absence is requested. Such leave of absence shall be referred to as military annual training leave. Employees granted military annual training leave shall be paid the difference in the earned military pay and allowances he received while on military annual training leave and the pay he would have received had he worked his regular schedule during his leave of absence. In order to be eligible for the military annual training leave pay, the employee shall furnish the Company a government document signed by his disbursing agent setting forth the amount of military base pay he earned during the leave period.

(c) JURY AND WITNESS DUTY – Employees summoned to serve on jury duty will receive full jury duty pay for a maximum of twenty (20) working days for all such time spent on jury duty. The employee will receive the difference between gross fees received, excluding legitimate mileage, and the employee's earnings that would have been paid for an eight (8) hour shift at the base rate of pay, for each day of service. The Company will provide a notice for the employee to provide to the court to explain hardships associated for periods beyond the twenty days. Notice of jury duty must be given to the Company upon receipt of a jury summons, and proof of such service must be submitted to the satisfaction of the Company before this Article shall apply. Employees required to work shift work will be considered as assigned to day shift for the duration of the jury duty and shall receive payment as outlined above. Employees summoned to jury duty that are released by the Court with less than four (4) hours of jury duty service shall return to work.

(d) UNPAID MEDICAL LEAVE – Medical leaves of absence for periods of sickness or temporary disability in excess of three (3) calendar days shall be granted to employees without pay, except as otherwise provided below, for a period not exceeding thirty (30) days, provided the employees furnishes a statement from a reputable physician stating the need for a leave of absence. If the sickness or disability continues beyond the thirty (30) 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 shall be entitled to any Short Term Disability benefits provided by the Company while on such leave of absence and the employee shall be permitted to continue any Health Plan coverage in effect at the time the Medical Leave is taken and at the same rate he was paying prior to applying for the leave of absence.

Seniority shall accumulate during such leave of absence.

(e) LISTING PROVIDED UNION – At the end of each month the Company shall furnish the Union a list of employees on leave of absence. This list shall include the date each leave commenced.

05.03 FAMILY AND MEDICAL LEAVE

Employees who have been employed for at least one (1) year and for at least 1,250 hours during the preceding twelve (12) month period are eligible to apply for family and medical leave regardless of the number of employees employed by the Company.