11C_Holloman CBA.pdf

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

AHNTECH (THE COMPANY)

AND

THE INTERNATIONAL ASSOCIATION OF MACHINISTS

AND AEROSPACE WORKERS, AFL/CIO

AND ITS WHITE SANDS LODGE #2515,

ALAMOGORDO, NEW MEXICO (“THE UNION”)

TERM OF AGREEMENT

18 August 2010 through 22 July 2012 i

INDEX

SUBJECT PAGE NO.

ARTICLE I PURPOSE OF AGREEMENT 3

ARTICLE II RECOGNITION 3

ARTICLE III SUCCESSORSHIP 4

ARTIVLE IV MANAGEMENT RIGHTS 4

ARTICLE V NO STRIKE/NO LOCKOUT 4

ARTICLE VI CONTRACTING OUT WORK 5

ARTICLE VII NON-DISCRIMINATION - EQUAL TREATMENT 6

ARTICLE VIII UNION SECURITY 6

ARTICLE IX CHECK-OFF 6

ARTICLE X UNION STEWARDS 8

ARTICLE XI VISITATIONS 9

ARTICLE XII NON-BARGAINING UNIT INDIVIDUALS 9

ARTICLE XIII SENIORITY 10

ARTICLE XIV REDUCTION-IN-FORCE 11

ARTICLE XV SEVERANCE PAY 12

ARTICLE XVI RECALL FROM LAYOFF 13

ARTICLE XVII PROMOTIONS AND RECLASSIFICATIONS 14

ARTICLE XVIII NORMAL WORK WEEK 16

ARTICLE XIX OVERTIME 17

ARTICLE XX IRREGULAR HOURS 18

ARTICLE XXI TURNAROUND TIME 18

ARTICLE XXII RECALL OUTSIDE NORMAL SHIFT 18

ARTICLE XXIII HOLIDAYS 19

ARTICLE XXIV VACATIONS 19

ARTICLE XXV SICK/PERSONAL LEAVE 20

ii

ARTICLE XXVI LEAVES OF ABSENCE 20

ARTICLE XXVII CROSS-TRAINING/CROSS-UTILIZATION 22

ARTICLE XXVIII ALCOHOL AND DRUG USE 22

ARTICLE XXIX HEALTH AND SAFETY 23

ARTICLE XXX JOB CLASSIFICATIONS 24

ARTICLE XXXI GRIEVANCE PROCEDURE 24

ARTICLE XXXII ARBITRATION 27

ARTICLE XXXIII GENERAL 28

ARTICLE XXXIV RATES OF PAY 28

ARTICLE XXXV HEALTH INSURANCE, PENSION PLAN,

AND OTHER BENEFITS 29

ARTICLE XXXVI SAVINGS CLAUSE 31

ARTICLE XXXVII FULL AGREEMENT 31

ARTICLE XXXVIII DURATION OF AGREEMENT 32

ARTICLE I

PURPOSE OF AGREEMENT

1.00 This agreement is made and entered into by and between AHNTECH Incorporated, (hereinafter referred to as the Company) and the International Association of Machinists and Aerospace Workers, AFL/CIO, and its White Sands Lodge #2515, Alamogordo, New Mexico (hereinafter referred to as the Union).

2.00 The purpose of this Agreement is to insure 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 the Government. 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.

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

4.00 NOW, THEREFORE, the Parties agree as follows:

ARTICLE II

RECOGNITION

1.00 The Company recognizes the Union as the sole and exclusive collective bargaining agent for all employees of the Company as certified by the National Labor Relations Board Case No. 28-RC-6155, dated April 4 2003:

1.01 All hourly paid employees employed by AHNTECH Incorporated, and working on the Holloman contract, who were certified by the National Labor Relations Board, Case No. 28-RC-6155, dated April 4 2003.

1.02 Excluded are managers, professional employees, confidential employees, clerical workers, administrative workers, construction workers covered by the Davis Bacon Act, guards, watchmen and supervisors as defined by the National Labor Relations Act, as amended. Union employees will not perform the functions of the above excluded personnel.

2.00 The use of the word "employee" or "employees," as used in this Agreement refers to all persons covered by this Agreement regardless of sex. Any reference by gender applies to either sex.

ARTICLE III

SUCCESSORSHIP

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

ARTICLE IV

MANAGEMENT RIGHTS

1.00 The Company shall have full rights, subject to the terms of this Agreement, of managing the business and control business operations, the assignment of duties, scheduling of all hours of work and other aspects of production and business methods and the right to hire, promote, demote, and transfer employees, to discipline, suspend or discharge for just cause, lay off, create new jobs, and establish rules of conduct. The Company agrees to meet and confer with the Union (DBR and Chief Steward) prior to the implementation of new policies and changes in the existing policies/written directives of a prolonged nature that directly affect the agreement. The Company shall also keep each site and the Union Stewards up to date with current Corporate and Site policies/written directives of prolonged nature in a written format. The Company shall also keep each site and the Union Stewards up to date with current Corporate and Site policies in a written format. These Corporate and Site policies will be kept in the employee’s break area.

ARTICLE V

NO STRIKE - NO LOCKOUT

1.00 It is expressly understood and agreed that the business of the Company is directly related to the important and vital work of the United States Government and the various missions of the Holloman Ranges and that uninterrupted services must be furnished to those agencies who have need of and make use of the capabilities of the Ranges. Therefore, the parties agree that during the term of this Agreement:

1.01 The procedure provided for herein for the settlement of grievances shall serve as a means for peaceful settlement of all disputes that may arise between the Parties.

1.02 Neither the Union, its officers, nor agents shall authorize, encourage, or sanction any unauthorized strike, sit down, work stoppage, stay in, slow down, refusal to work, refusal to work overtime, picketing, or any other action (including sympathy strike or related activities), which would interrupt or interfere with any of the operations of the Company.

1.03 Any employee or employees, individually or collectively, who shall engage in the conduct prohibited in this Article, or who shall cause or take part in any violation of this Article may be disciplined or discharged by the Company.

1.04 In the event of a violation of this Article, the Union, its officers or agents agree that it will use its best effort to end such prohibited conduct, utilizing every possible means to include:

a. Requesting through personal contact or meeting with employees that they comply with the Agreement and not take part in any prohibited conduct.

b. Notification to all employees that such prohibited conduct is unauthorized and in violation of the Agreement.

c. Requesting those violating this Agreement to return to work and/or otherwise fully comply with the terms of this Agreement.

1.05 The Company agrees it will not engage in any lockout of its employees.

ARTICLE VI

CONTRACTING OUT WORK

1. The Company agrees that during the term of the Agreement it will not subcontract work of the kind and character performed by the Bargaining Unit employees for the sole purpose of laying off Bargaining Unit employees or eroding the Bargaining Unit. The Company agrees that it will notify the appropriate Chief Steward and Business Representative in writing of any situations when the Company plans to subcontract such work.

2. New Technology: The Company and the Union agree that it is to their mutual benefit and a sound economic and social goal to utilize the most efficient machines, processes, systems, methods and /or materials. In this way, the Company will be able to compete effectively in the marketplace, therefore, provide economically secure jobs for its employees. It is the Company’s policy, when possible; to assure that training is available for its employees so that they may have the opportunity to acquire the knowledge and skills required by the introduction of new technology. In order that employees can better prepare themselves for the skill requirements of the future and in its fulfillment of its obligation to provide information to the Union, the Company will provide notification to the Union Directing Business Representative (DBR) or his designee of the Company’s plans for the introduction of new technology which may affect the employees. This notification will inform the Union of anticipated schedules of introduction of new technology, and will identify areas of skill impacts and any training programs associated with those impacts. The Union, and its representatives, will protect the confidentiality of Company sensitive and proprietary information disclosed in the notification. The Company will select employees based on factors such as ability, skill, dependability, efficiency, past performance, and qualifications to attend training and perform the work involved. If such factors are relatively equal, the most senior employee will be selected.

ARTICLE VII

NON-DISCRIMINATION - EQUAL TREATMENT

There shall be no discrimination by the Company, any employee, or the Union against any employee or applicant for employment because of sex, race, national origin, creed, age, disability, veteran’s status, or because of legitimate Union activity or membership or non-membership or any status protected by applicable federal, state or local laws or regulations. The parties also agree to comply in all respects with all applicable laws and Executive Orders regarding nondiscrimination and Equal Treatment.

ARTICLE VIII

UNION SECURITY

1.00 All employees covered by this Agreement will either be members of the Union or “agency fee payers.” Agency fee payers (nonmembers) meet their monthly obligations by the payment of an equivalent agency fee, which represents the Union’s cost of representing the employee for the purpose of collective bargaining, and will be required to authorize deduction of the applicable agency fee. Such employees have a legal right to file objections to funding expenditures that are “non-germane to the collective bargaining process.” Refusal to pay applicable dues or fees shall result in termination.

2.00 Upon completion of a probationary period of thirty (30) calendar days, all employees covered by this agreement will be required as a condition of continued employment to authorize deductions for such dues or fees in accordance with Check-Off Article contained herein.

3.00 All employees who are members of the Union upon the effective date of this Agreement, and all employees who thereafter join the Union during the term of the Agreement, shall as a condition of employment maintain their membership during the term of the Agreement; except that upon each annual anniversary date of the Agreement thereafter, a member may serve written notice to the Union within a five

(5) calendar day period prior to the anniversary date that he no longer desires to be a member, in which case his resignation shall be effective the month following receipt of written notice.

4.00 The Company will within ten (10) workdays of receiving written notice from the Union terminate any employee who does not comply with the provisions of this Article.

5.00 The Union shall indemnify and hold the Company harmless against any and all claims, demands, suits or other form of liability that may arise out of or by reason of any action taken or not taken by the Company in reliance upon information furnished to the Company by the Union for the purpose of complying with any of the provisions of this Article.

ARTICLE IX

CHECK-OFF

1.00 Upon receipt of a signed authorization from the employee involved, the Company shall deduct from the employee's pay: dues, applicable agency fees and/or other financial obligations to the Union during the period provided for in said authorization. The Secretary Treasurer of the local Lodge will certify the amount. The amount deducted from the employee’s paycheck will not be altered without written notification from the Secretary Treasurer.

2.00 Deductions shall be made on account of Union dues or applicable agency fee from each bi-weekly check of the employee. Such payroll deductions shall be made by the Company beginning with the payroll period next commencing after receipt by the Company of the properly executed authorization forms and/or notification from the Secretary Treasurer.

3.00 Deductions provided in Paragraph 2.00 shall be remitted to the Secretary Treasurer of the Union no later than the fifteenth (15th) day of the month following the month in which the deduction was made.

The Company also shall furnish the Secretary Treasurer of the Union with a record of those from whom deductions have been made and the amounts of the deductions.

4.00 The Parties agree that check-off authorization shall be in the following form:

Name of Employee__________________________________

(Please Print)

Dept. No. ___________ Employee No. __________________

Social Security No. ____________________ Date _________

I hereby authorize and direct the Company to deduct from my pay beginning with the payroll period next commencing after receipt by the Company of this form, _____________________ (Initiation, Reinstatement fees, Regular monthly dues, Agency fees and/or other financial obligations), as certified to the Company by the Secretary Treasurer of the Union, Lodge No. 2515 of the International Association of Machinists and Aerospace Workers.

I submit this authorization and assignment with the understanding that it will be effective and irrevocable for a period of one (1) year from this date, or up to the termination date (if any) of the current collective bargaining agreement between the Company and White Sands Local Lodge No. 2515 of the International Association of Machinists and Aerospace Workers, whichever occurs sooner.

This authorization and assignment shall continue in full force and effect for yearly periods beyond the irrevocable period set forth above, and each subsequent yearly period shall be similarly irrevocable unless revoked by me within five (5) calendar days prior to the date of termination of any irrevocable period hereof. Such revocation shall be affected by written notice, sent by Registered Mail, Return Receipt Requested, to the Employer and the Union within such five (5) day period.

Signature _________________________________

ARTICLE X

UNION STEWARDS

1.00 Upon execution of this Agreement, the Union shall promptly furnish the Site Manager, in writing, the names of the Shop Stewards. Thereafter, the Union shall promptly advise the Site Manager, in writing, of any change in Stewards. No Steward will be recognized as such by the Company prior to receipt of written notice of appointment. The Company will allow for steward elections on Company time.

1.01 A Union Steward may take reasonable and necessary time off during work hours to carry out his responsibilities as set forth in 1.02 below, and this time off may not unreasonably interfere with assigned duties.

1.02 The scope of the Steward's activities on Company time shall be limited to the following:

a. To consult with an employee regarding the presentation of a request concerning this Agreement, complaint, or grievance, which the employee desires him to present.

b. To investigate a complaint or grievance before presentation to the appropriate supervisor.

c. 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.

d. To meet by appointment with an appropriate supervisor or other designated representative of the Company, when necessary, to adjust grievances in accordance with the grievance procedure of this Agreement. These activities will be carried out with minimum disruption to the operations. The Steward shall not solicit complaints or grievances.

2.00 Stewards will be elected and shall be assigned from the following locations:

One Chief Steward and One Steward (in case of the absence of the Chief Steward the Steward will fill in) from the Holloman Site. Should the Company add sites and/or shifts under the AHNTECH Contract, changes in the number or assignment of Stewards will be agreed to between the parties as needed..

3.00 A Steward shall secure permission from his supervisor before leaving his workstation and will report back to his supervisor upon return to his workstation. Permission will be granted unless operational activities are affected. Before entering the work area of another supervisor, the Steward shall contact and secure permission from that supervisor, who shall grant permission unless operational activities are affected. Upon entering the work area of another supervisor’s responsibility, the Steward will contact the supervisor and explain the nature of his visit before attempting to contact any employee. Upon his departure, the Steward will inform the supervisor in the area in which he is visiting that he has concluded his business and is leaving the work area.

4.00 It is agreed that the Company will pay Stewards and grievant for reasonable and necessary time for grievance consultations and/or grievance meetings during their regular work shifts. Such pay will be at the employee’s regular straight time rate, including all Premiums and Benefits. The Company shall not pay for any other time a Steward or employee is removed from his work to serve the Union in any official capacity or to serve on any Union committee, except as provided in this Agreement..

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

5.01 Notices of Union recreational affairs.

5.02 Notices of Union elections and election results.

5.03 Notices of Union appointments.

5.04 Notices of Union meetings.

6.00 The Chief Steward or Steward, designated by the Union, will be given reasonable time to introduce the Union and the Collective Bargaining Agreement to a new employee during the employee’s Company orientation period.

7.00 The new employee’s supervisor will confirm that the employee and the Steward for the area have been or are introduced.

8.00 Should a second or third shift employee be subject to suspension or discharge for disciplinary reasons and a Steward is not present for consultation on that shift, the Company may relieve the employee of further duty for the balance of the shift, without pay, to allow for subsequent discussion with his Steward before the disciplinary action is finalized. If the employee is found to have been relieved wrongfully the company will make the employee whole including all premiums and benefits.

ARTICLE XI

VISITATIONS

1.00 Officers and/or accredited representatives of the Union shall, upon request by the Union, be admitted to the facilities during working hours. Such representatives shall inform a member of management of the nature of their visit prior to admission to Company premises and of their departure when the visit is completed. Approval for such admission to Company premises will be granted unless operational activities require delay in time or date. Visits will be conducted so as not to interfere with the employees work.

2.00 All such officers or representatives shall comply with required Government security regulations and customer requirements for protecting proprietary interests.

ARTICLE XII

NON-BARGAINING UNIT INDIVIDUALS

1.00 Supervisory, Professional, or other non-Bargaining Unit individuals to include Temporary employees shall not displace Bargaining Unit members.

2.00 From time to time the Company may experience workload requirements that necessitate the use of a temporary employee(s). When the following conditions are met, the Company may utilize temporary employees after notification to the Union Chief Steward. Normally scheduled range clearances do not require notification to the Union.

2.01 There are not adequate resources within the existing Bargaining Unit to staff the requirements (through cross-utilization or otherwise), and the job requirement is expected to have a duration of thirty (30) calendar days or less.

2.02 In cases where the job requirement will be in excess of thirty (30) calendar days, the Company will meet with the Union (Chief Steward or Business Representative)to establish a mutually acceptable plan for meeting the requirement. Should the parties fail to establish an acceptable plan, the Company may proceed with its action plan; however, the Union may initiate a grievance at the third step of the Grievance procedure.

3.00 Temporary employees will not be considered to be Bargaining Unit employees, however, temporary employees will be required to pay agency fees as provided in this Agreement if their temporary employment exceeds thirty (30) calendar days. The Site Manager will notify the Union Business Representative (Via e-mail) with the name and start date of any temporary employees prior to start date.

Temporary employees will be paid the appropriate AWD wages for the jobs they are assigned.

4.00 Disputes arising out of this Article may be made the subject of the Grievance and Arbitration procedures of this Agreement.

ARTICLE XIII

SENIORITY

1.00 For purposes of this Article, there are two types of seniority, which are defined as follows:

Field Seniority represents the continuous unbroken accumulated time each employee has spent under the services of the Company or a Predecessor Company at the geographical area or facility, herein again referred to as the AHNTECH Holloman, New Mexico, and their remote locations. Field seniority will be used for the purposes of layoff, recall from layoff, promotion and benefit accrual as provided by this Agreement.

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

2.00 The Company will maintain a seniority list of employees covered by this agreement giving employees name, date of hire with the Company, date of hire with a predecessor company if applicable, job classification address and phone number. Such seniority lists will be sent or e-mailed to the Chief Steward(s) and Directing Business Representative, on a monthly basis.

3.00 Field Seniority and Company Seniority shall be broken and employees shall have their names stricken from the Seniority List under any of the following circumstances:

3.01 Discharge for just cause.

3.02 Resignation.

3.03 Failure to comply with the reduction and recall from layoff provisions of this Agreement.

3.04 Failure to be recalled from lay off within twenty four (24) months after such lay off.

3.05 Failure to report for work upon expiration of an approved leave of absence.

3.06 Retirement of the employee in accordance with the Company's established retirement policy.

3.07 Upon (1) the determination of Maximum Medical Improvement (“MMI”) for purposes of Workers Compensation administration, or (2) completion of the six

(6) month short-term disability period established by the Company’s short-term disability plan; provided, however, that in either case the employee will then be placed on recall and eligible for recall to work for a period of twenty four (24) months in accordance with the Recall From Layoff procedures of this Agreement.

4.00 New employees and those hired after a break in continuous service, regardless of classification, shall be considered on probation for a period of ninety (90) calendar days of continuous service from the date of hire. The Probationary Period of an employee may be extended upon the mutual agreement of the Company and the Union.

4.01 The discipline and discharge of probationary employees shall not be subject to the Grievance and Arbitration procedures of this Agreement.

4.02 The date-of-hire of a probationary employee will become his seniority date upon successful completion of the Probationary Period. Vacation & benefit accrual then will be calculated from date-of-hire. Sick/Personal Leave hours will be pro-rated from date-of-hire and may be used during the Probationary Period as provided in this Agreement.

5.00 The Union recognizes that the Company has certain obligations in its contracts with the Government pertaining to security, and that security is vital to the Company and the Union in carrying on their part of the defense effort. It is understood that an employee may be terminated in the event that the Government, through a duly authorized representative, advises the Company in writing that an employee covered by this agreement is denied a “full” security clearance or is barred from access to any Government installation supported by AHNTECH or a successor contractor that will inhibit the employee from performing his duties. Failure to obtain an “interim” security clearance shall not be cause for termination if the employee can still perform his duties, since the investigation may ultimately result in award of a “full” security clearance. It is mutually agreed between the Company and the Union that in the event an employee’s “full” security clearance is found by appeal to have been incorrectly denied, the Company shall reinstate the seniority of the employee and reinstate them to their previously held occupational title..

6.00 When two or more employees commence accrual of seniority on the same date, the employee with the lowest last four digits of the social security number will be deemed to be the most senior.

7.00 The Company Seniority and Field Seniority date of a temporary employee who later becomes a regular employee will be the date of hire into that particular temporary position.

ARTICLE XIV

REDUCTION-IN-FORCE

1.00 Jobs to be eliminated will be designated by the Company based on PTR location(s), labor grade and least field seniority.

2.00 Displacement Procedures:

2.01 Employees notified of their impending layoff due to a reduction in-force may, at their option, exercise displacement rights in accordance with the following procedure:

2.02 They may displace anyone in the same or lower labor grade in the same Job Classification who has less field seniority than they do.

2.03 They may displace workers in different Job Classification if they have worked in that Classification for a total of one year or more and can demonstrate proficiency.

2.04 If the employee fails to qualify for displacement under any of the above, or qualifies but chooses not to exercise his displacement rights, the employee will be laid off.

2.05 Employees who have been displaced under this procedure are entitled to the same displacement rights identified above.

3.00 Employees choosing to exercise their displacement rights under the above procedure must notify the Company in the respective PTR location in writing within five (5) workdays after receipt of layoff notice. For displacement outside their assigned Job Classification, they must indicate their decision to displace within five (5) workdays of receipt of the applicable retention list.

4.00 The Company and the Union Business Representative will meet to explore options to preclude a reduction-in-force prior to initiating layoffs. In the event layoffs are determined to be necessary, the Company will give affected employees at least two weeks advance notice of reduction-in-force.

5.00 Upon implementation of a reduction-in-force, the Company may accept requests for voluntary layoff if such layoff will help meet the goals of the reduction-in-force without further reducing the Company's capability to meet its contractual requirements.

6.00 The implementation of the Reduction-in-Force provisions of this Agreement shall continue with each affected employee until all opportunities leading up to layoff are exhausted.

7.00 No employee shall have the right to displace any employee in a higher labor grade in the same job classification as his own.

8.00 Employees who are laid-off from the service of the Company due to reduction in the work force shall, for a period not to exceed twenty-four (24) months retain and continue to accrue seniority.

9.00 Chief stewards shall be given seniority over all employees whom they represent during reduction in forces, provided work in their classification or work in classifications to which they have a displacement right is available, and so long as the official’s duties would permit such seniority preference under existing law.

10.00 In the event of a RIF, the Union will provide the Company with the name(s) of any Chief Stewards who are not current on their obligations with respect to attendance or other requirements of Local 2515. Such Chief Stewards so identified are not protected from (RIF) action.

ARTICLE XV

SEVERANCE PAY

Severance. In the event that a successor contractor assumes the contract between themselves and the Customer, the Company will provide all employees not offered employment with the successor contractor at the location of the Agreement a severance package as specified below. In addition, employees who are discharged from the Company for reason other than disciplinary action will be paid a severance package as specified below.

Years of Company Seniority Severance Pay From 91 days to completion of year 1 80 hours From start of year 2 to completion of year 5 100 hours From the start of year 6 140 hours

ARTICLE XVI

RECALL FROM LAYOFF

1.00 When employees are laid-off or exercise their displacement rights as provided by this Article, their names and seniority dates will be entered on a recall list and will be retained on that list for a period of twenty four (24) months. When positions are reinstated which were previously eliminated, the positions will be filled from the recall list using the following procedure:

1.01 The most senior qualified individual on the recall list in the classification in question will be recalled to that position.

1.03 If the individual declines the recall, a pool of eligible employees will be established. The pool will consist of all individuals on the recall list who have worked within the same job classification in which the opening exists, and the same or higher skill category as the opening. (Skill category is defined as Job classification and labor grade, for example, Electronics Technician I, Electronics Technician II, Electronics Technician III, etc.) The most senior employee who meets the minimum requirements of the job to be filled will be recalled. If the first individual recalled declines the recall, the next most senior qualified individual will be offered the position, and so on until the job opening is filled or the list of qualified employees on the recall list is exhausted.

1.03 Individuals separated from the company prior to the start of this current CBA will fall under the timelines outlined under this Article of the CBA that was in effect when they were released.

2.00 An employee who declines recall to a job opening at the same labor grade than previously held as provided in this procedure will be considered as having resigned.

3.00 If there are no eligible or interested individuals identified through the recall procedure, the position will be posted and open to internal bargaining unit applicants for a period of five (5) working days.

4.00 No jobs will be posted for outside hire until all employees on the recall list at the applicable or higher labor grade within that job series have been recalled or removed from the recall list as provided in other provisions of this Agreement and/or as provided in Paragraph 3.00 above.

5.00 In recall, the Company will mail registered or certified notice of recall to the appropriate employee. Recalled employees must respond within five (5) workdays after receipt of notification and must report for work within ten (10) work days unless extended by the Company. In the event the recalled employee does not report to work within this ten (10) day period, or as extended by the Company, the individual will be considered as having resigned.

6.00 All notices required by the provisions of this Article shall be mailed to the employee at the last address filed by him with the Site Manager.

7.00 When new positions are created which were not previously eliminated in a reduction-in-force, the provisions of the Promotions and Reclassifications Article of this Agreement apply.

ARTICLE XVII

PROMOTIONS AND RECLASSIFICATIONS

1.00 The following definitions shall apply in this Article and throughout this Agreement:

a. Promotion - A promotion is defined as the advancement of an employee from one Job Classification to another with a higher pay rate. (i.e., Computer Operator 2 to Electronics Tech 1 or GMW to HEO).

b. Labor grade advancement is defined as the advancement of an employee to a higher labor grade within the same job classification. The most senior person meeting the minimum requirements will be advanced first. (example ET1 to ET2, Computer Operator 2 to Computer Operator 4.) The Union Business Representative will be notified in writing prior to any advancement

c. Reclassification - Reclassification is defined as the award of a Job Classification at an equal or lower pay rate.

d. Entry Level Positions - Entry Level Positions are defined as the position in each Job classification that has the minimum job requisites for working in the Job. Entry level positions vary in the level of physical attributes, education, work experience, and other requirements from Job to Job.

e. Equivalency - Some job requisites are stated in terms of education or equivalent experience. The following criteria will be used in evaluating equivalency:

1) Correspondence courses and college courses will be evaluated separately for subject material equivalency in relation to that specified in the particular Job classification.

2) Technical undergraduate college curricula of fourteen (14) semester hours equal six (6) months of technical school, if courses are applicable to the appropriate Technical Certificate.

3) Technical military schools equal technical schooling on a one year-for-one year basis.

4) Three years of satisfactory directly related technical work/job experience equals one year of technical school.

f. Upgrade - Upgrade is defined as the temporary assignment of a Bargaining Unit member to a higher rated Labor Grade or a Job Classification with a higher pay rate.

These temporary assignments require compensation at the appropriate higher pay rate and may not be for less than two (2) hours, or more than ninety (90) calendar days duration.

2.00 The purpose of the Promotion and Reclassification Program is to provide opportunities for qualified employees to move into other jobs, which they may prefer, and to enhance overall employee capabilities and morale. It is the sincere desire of the Company and the Union that through this program, a more qualified, experienced, and competent work force will be developed to meet and effectively fulfill all the contract work requirements efficiently and economically.

3.00 All Bargaining Unit vacancies shall be posted on the Union Bulletin boards for five (5) workdays in order for employees to make application in writing to Site Management. Site management shall notify the employees who are on leave about any posted vacancies and applications may be faxed in.

3.01 The Company reserves the right to cancel any posted job notice prior to the vacancy being filled.

4.00 It is the responsibility of each individual employee to provide the documentation necessary to update and substantiate his individual records in the Company personnel file.

5.00 An employee desiring to bid on a posted job opportunity will:

a. Submit a written request for consideration to Site Management.

b. Verify that his personnel records are current and complete.

6.00 No employee may bid on a job in a lower pay rate unless agreed to by the Company and the Union.

7.00 All employees requesting consideration for job openings will be screened by Site Management to verify that they meet the minimum Job Requirements. The most senior qualified employee who meets the stated requisites of the job to be filled will be selected. In the event no applicant meets those requisites, the employee selected will be the most senior one who’s qualifications most closely fit the job being filled.

8.00 Once the employee has accepted the new position, the gaining and losing supervisor will agree on an effective date for the job change, which will not be later than the start of the 2nd pay period following employee acceptance.

9.00 All employees promoted into jobs will be subject to a thirty (30) day probationary period during which they may return to their previous position at their own request or at Company discretion. Once the probationary period is completed, the employee may not bid on another job opening outside the same Job Classification for a period of twelve (12) months following the effective date of the new job. Employees must have accrued twelve (12) months of Field Seniority before they can bid on job openings.

10.00 Reclassification: There are two reasons that could lead to reclassification action:

a. Employee performance

b. Changes in level or complexity of workload

10.01 Reclassification actions will be handled differently depending on the reason:

a. Reclassification resulting from employee performance will be to an equal or lower pay rate and will not adversely affect other employees.

b. Reclassification resulting from a change in level or complexity of workload will be accomplished when possible in order to avoid layoff. This type of reclassification will be used only when there are established positions to which the affected employee can be reassigned. The affected employee will be offered the “right-of-first refusal” for any job opening, in which they meet the minimum requirements at the same or lower pay rate.

ARTICLE XVIII

NORMAL WORK WEEK

1.00 Starting times and assignments to shifts are the exclusive function of Management. Management will post shift schedules that include hours to be worked. This schedule will provide a minimum forecast of fourteen (14) days. If a new schedule is not posted, it will be agreed that the previous schedule is still in effect. In the event of shift changes or starting times need to be changed, the Company will provide the employee with notice of such, at least 3 work days in advance of the change. In the absence of such notice, the employee will be paid at one and one-half times the employee’s straight time rate for the hours worked until the 3 work days requirement is met:

(a.) 40 hour work weeks: This work schedule will normally consist of five (5) consecutive eight (8) hour days, plus an unpaid thirty (30) minute lunch period, with two consecutive days off.

(b.) All holidays are treated as eight (8) hour days regardless of when they occur.

2.00 The Parties recognize the importance to the defense effort of the work being performed under the terms of this Agreement, and the Company agrees that consistent with meeting range and mission operations, every reasonable effort will be made to arrange work schedules so that employees will be assigned to shifts Monday through Friday.

2.01 An employee may request permission to work a special work week or work days for a bona-fide reason. The parties recognize that during the term of this agreement the Company may authorize special workweeks for the convenience of the individual employees. Such schedules may include, but are not limited to, shorter or longer work weeks or workdays. The Company and the Chief Steward must reach mutual agreement on any such special work week or workday prior to its implementation.

3.00 Any employee who works thirty (30) hours or less a week is a part-time employee. The work schedule of part-time employees will be adjusted to satisfy the requirements for which the position was established. Part time employees will receive holiday pay for holidays, which fall on their regularly scheduled shifts.

4.00 The Company will designate a fifteen (15) minute period during each half of the work shift that may be taken without loss of pay for the purpose of relaxation. Any rest periods authorized by the employee’s supervisor will be taken at the place of work. In the event a work shift is extended, employees shall receive an additional fifteen (15) minute rest period at approximately the start of the work shift extension and one approximately half way through each subsequent four (4) hours worked.

5.00 Employees will be provided an unpaid thirty (30) minute meal periods. Meal periods will be taken between three and five hours after reporting to work. When an employee is required to work twelve (12) hours or more an additional thirty-minute unpaid meal period may be taken.

5.01 With approval by his supervisor an employee will be permitted to continue his duties during a meal period for personal convenience and be dismissed after working the number of hours in his regularly scheduled workday.

5.02 With the approval of the supervisor an employee may be required to continue his duties during a meal period because of continuing work requirements. He will be released after working the number of hours in his scheduled workday unless he is required by his supervisor to remain on the job until the normal end of his shift. Such additional time shall be paid at the applicable hourly rate.

5.03 In cases where employees are away from the main site and do not have access to the site break room for a meal period, the thirty (30) minute period shall be a paid at the employees straight time pay.

ARTICLE XIX

OVERTIME

1.00 It is understood and agreed that the Company reserves the right to require employees covered by this Agreement to perform overtime work.

2.00 Overtime pay, at a rate of one and one-half times the employee’s straight time hourly rate, inclusive of all premiums shall be paid for all hours worked in excess of forty (40) during the workweek.

2.01 If an employee is required to work on a holiday, the employee will receive

Holiday pay of eight (8) hours, as provided in (“Holidays”) Article XXIII paragraph 3.00, plus (8) hours of straight time pay.

3.00 Full time Employees will be paid time and one-half the employee’s straight time hourly rate for all hours worked on Saturday.

4.00 Full time employees will be paid at two times the employee’s straight time hourly rate for all hours worked on Sunday.

5.00 Overtime work within a job classification shall be distributed on an equitable basis. The immediate supervisor will assign such work to employees in that job classification who have the least cumulative overtime hours worked and are qualified to perform the required work; provided, however, that this provision shall not be construed as requiring the Company to call in employees for overtime hours work when qualified employees are on the Company's premises, nor prohibiting the assignment of work to employees outside the work unit requiring overtime hours when sufficient numbers of qualified personnel from that job classification are not available.

5.01 Should a selected employee decline the overtime work, such hours will be charged on the disparity list as if actually worked. The next qualified employee with the least number of such hours then will be assigned to perform the work. In the event all qualified employees in the job classification decline such hours, the work will be assigned to the qualified employee with the least number of such hours. It is understood and agreed that the Company reserves the right to require employees covered by this Agreement to perform such work.

5.02 Overtime hour’s disparity lists, including hours worked and hours declined, will be maintained by the Union Steward or Chief Steward, and will be posted on the Union bulletin board each pay period. Whenever the distribution of such hours in any work unit exceeds a disparity of forty (40) hours, the designated Steward or Chief Steward and immediate Supervisor will meet to determine and document the reason for the variance and the corrective steps to be taken. If the Company and the Union cannot agree, the dispute may be referred to the Grievance Procedure.

5.03 Employees who prefer not to work overtime hours on a regular basis may sign a waiver, which will relieve the forty (40) hours disparity provision. The waiver cannot be rescinded for a period of thirty (30) calendar days, and thereafter will remain in effect for subsequent periods of thirty (30) calendar days each;

however, a waiver does not relieve the employee of working overtime hours if needed.

5.04 Employees permanently reassigned to a job classification will be credited with the average premium hours worked to-date in that classification.

5.05 Employees temporarily assigned to another job classification will not result in the averaging of premium hours within that classification. Premium hours worked will be credited to the employee’s permanently assigned classification.

ARTICLE XX

IRREGULAR HOURS

There will be times when employees will be required to report to work before or after the start of the employee’s normal report time. For purposes of this provision, Site Management may change an employee’s “regular shift” with reasonable justification such as emergencies, sickness, and accidents, short notice tasking, etc, and make every effort to give as much notice as possible. Employees will be paid at the applicable rate of one and a half (1 1/2) times their normal pay rate for all hours worked outside of their normal schedule if less than 3 work days notice is given for the change.

ARTICLE XXI

TURNAROUND TIME

1.00 There will be a minimum of ten (10) hours between the end of an employee’s work shift and the start of the following work shift. This policy may be overridden if required to accommodate high priority or time sensitive Range schedules. In the event this turnaround is overridden, employees will be paid at one and one half (1 ½) times their regular straight time rate for hours worked until the ten (10) hours is reached.

ARTICLE XXII

RECALL OUTSIDE NORMAL SHIFT

1.00 When an employee has completed a shift and has left the Company’s premises, or when an employee is on one of his regular days off and is recalled to work by the Company management/supervisor, Range Control, fire department or security, (recalled for mission support, building security, building safety, building fire alarms, or any reason related to the job), the employee shall be guaranteed a minimum of four

(4) hours of pay at his applicable overtime rate.

ARTICLE XXIII

HOLIDAYS

1.00 Employees shall be granted the following holidays:

New Years Day Martin Luther King, Jr. Day Presidents' Day Memorial Day Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day Christmas Day

2. In addition to the holidays listed above, the Company will observe any days declared as a legitimate government down day by Congress, The President or any Department of Defense Authority provided authorization is received from the PTR Contracting Officer. In the event that the Federal Government and its authorized departments establishes any new recurring holiday which is incorporated into the PTR contract, it will be conveyed to the employees and be incorporated into this Agreement.

3.00 Holiday pay shall consist of eight (8) hours pay at the employee's straight time base rate, inclusive of all benefits.

4.00 It is understood and agreed that the Company reserves the right to require employees to work on a holiday, in accordance with the provisions of this agreement. An employee scheduled to work on the holiday, who fails to report for work, shall not receive payment for holiday pay unless he fails to perform such work as a result of his sickness or death in the immediate family, or because of similar good cause.

Acceptable proof will be required to support the reason for such absence. The employee will make every effort to notify management. If sufficient justification is not provided disciplinary action may be taken.

ARTICLE XXIV

VACATIONS

1.00 Employees who have completed their probationary period will accrue paid vacation as reflected in the table below. Vacation may be taken by the employee up to the total of accrued time.

Denied vacation will be in writing stating the reason for denial. Vacation hours shall be vested upon accrual.

Years of Field Seniority Annual Accrual Up to completion of Year Five 104 hours

From the start of Year Six to the 144 hours Completion of Year Ten

From the start of Year Eleven to the 164 hours Completion of Year Fifteen

From the start of Year Sixteen and 184 hours thereafter

2.00 All vacation hours shall be accrued and credited on a pay period basis.

3.00 Vacation accrual will be based on Field Seniority as defined in this Agreement.

4.00 Employees must submit a request for vacation approval a minimum of 14 days in advance.

5.00 Vacation time will be paid at the employee's straight time base rate, inclusive of all benefits. Such time may not be taken in an initial increment of less than one (1) hour following which time may be taken in one-half (1/2) hourly increments.

6.00 Employee’s may carry over vacation hours from year to year. Carry over hours shall not exceed 80 hours. Employees with vacation in excess of allowable carry over hours shall receive lump sum payment for their unused excess vacation hours on the first pay day after their anniversary date. Such payment shall be at their base rate of pay, inclusive of any shift premiums and benefits, payable by a separate check.

ARTICLE XXV

SICK/PE…