2010 Poinsett Bulldog CBA Final.pdf

AGREEMENT

BETWEEN

AHNTECH INC.

AND

INTERNATIONAL ASSOCIATION OF MACHINISTS

AND AEROSPACE WORKERS

DISTRICT LODGE 110

LOCAL LODGE 1859

And

DISTRICT LODGE 131

LOCAL LODGE 713

USAF Poinsett Electronic Combat Range And

Bulldog MOA Fort Gordon Site

July 15, 2010 to July 14, 2013

PREAMBLE

The Parties have entered into this Agreement for the purpose of setting forth in writing the understandings they have reached with respect to wages, benefits and working conditions of the employees covered hereby, as well as to the rights of the Company and the Union, and to provide a peaceful means for the settlement of any disputes which may arise with respect to the interpretation or application of their understandings and agreements as set forth herein.

AGREEMENT

This Agreement is made and entered into this 15th day of July 2010 by and between AHNTECH Inc. (hereinafter referred to as the Company or Employer) and the International Association of Machinists and Aerospace Workers District Lodge 110, Local Lodge 1859 for Poinsett, and District Lodge 131, Local Lodge 713 for Fort Gordon, AFL-CIO, (hereinafter referred to as "the Union").

This agreement shall remain in effect thru midnight on July 14th 2013, without reopening rights for any purpose by either party except by mutual consent. This agreement shall automatically renew itself from year to year thereafter unless written notice of desire to terminate the Agreement is given by either party at least sixty (60) calendar days prior to any annual expiration date thereafter. If such written notice of desire to terminate is given, the parties may nevertheless mutually agree in writing to extend this Agreement for a specified length of time beyond the expiration. All economic improvements will be implemented October 1, 2010 and respectively thereafter.

ARTICLE 1

RECOGNITION

Section 1. The Company hereby recognizes the Union, its designees and representatives, its successor and/or assigns, as the sole and exclusive bargaining representative for all full time and regular part-time employees of the PTR program at Poinsett Electronic Combat Range, Wedgefield SC as certified by the National Labor Relations Board in Case Number 11-RC-6540 and the Bulldog MOA Site, Fort Gordon GA and such other programs, tasks as may hereafter be added by mutual agreement of the parties hereto. This agreement excludes guards, office clerical employees, professional employees, managerial employees, and supervisors as defined in the act.

Section 2. Should any part of this agreement or any provision herein contained be rendered or declared illegal by reason of any existing or subsequently enacted legislation or a decree of a court of competent jurisdiction, such invalidation of any such part or portion of this agreement shall not invalidate the remaining portions herein and those remaining portions shall remain in full force and effect.

Section 3. The Company and the Union, within thirty (30) days of knowledge of such an occurrence shall discuss the impact of such actions. If either party desires to negotiate a new provision regarding the affected portion, then that party may serve notice upon the other, in writing, of its desire to negotiate the provision of the Agreement affected by such legislation or court decree. The parties shall meet within thirty (30) days of the presentation of the written notice to negotiate changes to the Agreement. Any mutually agreed upon modifications or changes to this Agreement brought about by the above negotiations shall be in writing and signed by the parties.

ARTICLE 2

NON DISCRIMINATION

The Company and the Union separately and jointly recognize their obligation to abide by those state and federal laws relating to Equal Employment Opportunity, OSHA, nondiscrimination on account of veteran, disability status, Union activity, or other labor laws that may apply to this location. It is understood that wherever in this Agreement employees or jobs are referred to in the male or female gender; it shall be recognized as referring to both male and female employees. The provisions of this agreement and conditions of employment shall be applied among all employees in a fair and equitable manner.

ARTICLE 3

MANAGEMENT RIGHTS

Section 1. Except as specifically limited by this Agreement, the management of the Company and the direction of the work force, including but not limited to the service performed, the location of the work force, the schedules and fair standards of employee performance, the schedules and hours of shifts, the methods, processes, and means of providing services, materials to be purchased, determination of staffing levels, the right to hire, promote, demote, transfer and assign employees, the establishment of reasonable rules of conduct, the discharge or discipline of employees for just cause, and the management of efficiency of employees, are the sole and exclusive rights and responsibilities of the Company.

Section 2. The Company agrees to meet and confer with the Union prior to the implementation of new policies or changes in the existing policies that directly effect the Agreement.

Section 3. The Company shall post a copy of all policies in the work area and provide the Union with a copy of its policies within 30 days of the date of this agreement.

ARTICLE 4

UNION ACCESS TO OPERATIONS

Section 1. The Company agrees that the Grand Lodge Representative and or Business Representative shall be allowed to visit employees while they are on the job in the Company's operations for the sole purpose of investigating grievances or complaints related to the provisions of this Agreement or insuring the terms and conditions of the Agreement are being complied with. Prior approval will be obtained from the Site Manager or his designee and such visits shall not interfere with production of work being performed. Such approval shall not be unreasonably withheld. The Representative shall notify the Site Manager or his designee when they are arriving and leaving the Company's operations.

Section 2. The Company, if it desires, may have a Company Representative accompany the Union Representative while they are visiting its operations recognizing that the Union Representative is entitled to private conferences with any represented employee.

ARTICLE 5

UNION SECURITY

Section 1. Agency Shop. As a condition of employment, all present bargaining unit employees shall become members of the Union or pay an agency fee to the Union equal to the amount of monthly dues (but not both) within thirty (30) days of execution of this Agreement and all new employees shall become and remain members of the Union or pay an agency fee not later than ninety (90) calendar days of their date of hire or transfer.

Section 2. Check-off. Upon receipt of a signed authorization of the employee involved, the Company shall deduct from the employee's pay, the initiation fee, if any, and dues payable by him to the Union during the period provided for in said authorization.

Deductions shall be made on account of dues and/or initiation fees, if appropriate, from each paycheck in each month of the employee after receipt of the authorization. Employees working less than 15 days per month may pay dues directly to the Union.

The parties agree that check-off authorizations shall be on a form as approved by the Union.

Section 3. The sums deducted as stated above shall be forwarded to the designated financial officer of the Union no later than the fifteenth (15th) day of the month following the month in which deductions are made.

Section 4. The Union will indemnify and hold the Company harmless from and against any and all claims, demands, charges, complaints or suits instituted against the Company which are based on or arise out of any action taken by the Company in accordance with or arising out of the foregoing provisions of this Article, or in reliance on any list, notice or assessment furnished under any of such provisions.

ARTICLE 6

ASSIGNMENT OF SHOP STEWARDS

Section 1. It is hereby understood and agreed that the Union may assign two (2) Shop Stewards to the Poinsett/EC operations, one (1) steward and one (1) alternate for the Poinsett B&G, and one (1) steward and one (1) alternate for the Bulldog operation location to represent bargaining unit employees at each location. The Union shall notify the Company in writing of the individuals so selected in these capacities

Section 2. It is agreed that Stewards have full-time job duties to perform as employees and that they shall keep time spent in handling grievances to a minimum. A steward shall notify and obtain permission from their supervisor before leaving their work assignment. If a steward is not released, they shall be notified as to the nature of the delay and the expected time in which they may leave. Time limits as specified in the grievance procedure else ware in this agreement shall be extended in relation to any delay.

ARTICLE 7

SUBSTANCE ABUSE POLICY

Section 1. The Company and the Union are committed to providing employees with a drug-free and alcohol-free workplace. It is our goal to protect the health and safety of employees and to promote a productive workplace, and protect the reputation of the Company, Union and employees.

Section 2. The unauthorized use, sale, transfer or possession of alcohol, drugs, controlled substances and/or “mood altering” substances, (except the possession or use of prescribed medication, verifiable by a current, properly issued prescription) during work hours (including meal and rest periods), on Company premises, in Company vehicles, or in personal vehicles while conducting Company business is prohibited. Violation of this section of the agreement is just and sufficient cause for immediate termination.

Section 3. Employees may be scheduled for random alcohol and drug testing as directed or required. Employees may be tested for alcohol and drug use upon reasonable probable cause, and work related accidents or injuries. Upon hire all costs associated with such testing shall be borne by the Employer.

Section 4. The Company considers any violation of drug use, possession, distribution, or sale of drugs, drug paraphernalia (as separate from tools of the trade by the presence of illegal residue) a serious matter that will result in immediate termination of the employee regardless if it is identified on Company premises. The Company also considers any violation of alcohol use on Company premises a serious issue that will warrant immediate termination of the employee.

Section 5. Pre-employment drug testing is a condition of employment.

ARTICLE 8

NO STRIKE/NO LOCKOUT

Section 1. For the duration of this agreement, the procedures described herein, for settlement of grievances shall serve as the means for peaceful settlement of all disputes that may arise between the parties. During the life of the agreement, no work stoppages, slow downs, or strikes (including sympathy strikes) shall be caused. This clause also specifically prohibits any employee from refusing to report to work or refusing to work due to the existence of a picket line.

Section 2. In the event of any violation of Section 1 of this Article, the Union, within forty-eight

(48) hours following written notice from the Company, will take all reasonable steps required to bring an end to such action and advise the employees to return to work.

The Union shall be limited to the performance of the actions as stated above and upon compliance the Union and its officers, agents and non-striking members shall have no further liability during the term of the Agreement or thereafter for any damages suffered by the Company arising from or out of any stoppage or strike.

Section 3. If the reasonable steps attempted in Section 2 do not return the striking employee(s) to work then the employee(s) may be subject to immediate discharge or other disciplinary action by the Company. Any such disciplinary action shall be subject to the grievance and arbitration procedures of this agreement.

Section 4. The Company agrees that for the duration of the Agreement there shall be no efforts to lockout or in any way deny access or work for employees covered by the Agreement.

ARTICLE 9

SECURITY

Section 1. The Union recognizes that the Company may now have, or may incur in the future, obligations with respect to the security of information and materials under contract with the Government.

Section 2. The Union agrees that nothing contained in this Agreement shall place the Company in violation of security agreements with the Government.

Section 3. It is understood by and between the parties hereto that, as a necessary condition of continued employment, employees shall be subject to investigation for security clearance or national agency check and/or unescorted entry authorization under regulations prescribed by the Department of Defense, or other agencies of the United States Government on governmental work, and that denial or withdrawal of such clearance and/or unescorted entry authorization by such governmental agency shall be cause for release from the Company due to inability to meet job requirements. All security clearance and background checks will be at the expense of the company.

Section 4. In the event an employee’s security clearance is found by appeal to have been incorrectly revoked, the Company shall reinstate the seniority of the employee and reinstate them to their previously held occupational title.

ARTICLE 10

NEW JOBS

Section 1. When new jobs are required that cannot be properly encompassed within an existing job classification, the Company shall notify the Union in writing of the requirements. The Union shall have thirty (30) days from the date of receipt of notice in which to request collective bargaining regarding the rate of pay and benefits. If necessary, this matter is subject to the grievance procedure up to and including arbitration.

ARTICLE 11

PROMOTIONS

Section 1. Promotions shall be site specific. The Company shall transfer employees to any open position(s) from within the bargaining unit if employees have the skill and ability necessary to do the work. If two (2) or more employees are eligible and express an interest, seniority shall be considered if qualifications are substantially equal. Positions at one location will not be moved to the other without prior notification to the Union. If no interested employee within the on-site bargaining unit possesses the skills and abilities to fulfill the open position, the Company will offer the position to the employees at the other site next, and then may use other means of filling such vacancies and shall notify the Union of such intent.

Section 2. The Company will notify bargaining unit employees of any openings to be filled by posting such openings on Company bulletin boards at least seven (7) calendar days prior to filling such vacancies. Openings at Poinsett must first be posted for the bargaining unit members at Poinsett and openings at Fort Gordon must first be posted for the bargaining unit members at Fort Gordon. Any employee may submit a bid for the job to the Company’s Site Manager, in writing, during the posting period. The notice posted declaring that such vacancy or job opening is to be filled shall contain at least the following information:

a) The date the notice is posted and the date and time the notice will be removed;

b) The job to be filled and the classification;

c) Job Specifications; Minimum requirements

d) Effective date the job is to be filled.

The Company will supply the Union’s Steward(s) a copy of any bid upon request.

The Company will notify all employees not present when openings occur in order for those employees not to be bypassed for promotion considerations. The Company will award the Poinsett job to the most senior qualified employee at the Poinsett range and the Fort Gordon job to the most senior qualified employee at Fort Gordon. Qualified as it is used in this Article shall mean the employee meets the minimum qualifications of the job specifications and has the physical ability to perform the work. Qualifications shall be measured against documented requirements for the posted job.

Section 3. Upgraded employees will be considered on probation in the new position for thirty

(30) days after upgrading. During this period, the Company may, at its discretion, reclassify the employees to their former occupations if it is determined by the Company that the employee is not meeting the minimum qualifications for that job classification.

Section 4. The Company may temporarily upgrade an employee to a higher paid classification.

The employee shall receive the pay rate for the classification of work that they are performing.

Promotion and Seniority rules apply to all promotions to a higher paid classification. Temporary Promotions shall not be used to circumvent promotion to any regularly permanent position and shall not be used in excess of thirty (30) days.

ARTICLE 12

SENIORITY

Section 1. Probationary Period. New employees shall be on probation for ninety (90) calendar days from the initial hire date during which time they may be discharged at the sole discretion of the Company. If retained after the probationary period, their names shall be placed on the Seniority List as of their date of hire.

Section 2. Definitions. A seniority list for the employees at each location will be maintained by the Company and will be made available to the Union upon request. The Company shall also furnish a list to the Union reflecting new hires or rehires, their classification, their date of hire, and termination or layoff dates. Employees transferring from other sites within the company retain their original seniority date for benefit and vacation purposes only.

NOTE: During the 2007 negotiations the parties agreed to merge the Collective Bargaining Agreements for both the Poinsett location and the Fort Gordon location. It is specifically noted, except as expressly stated herein, all terms and conditions within this Agreement shall be applicable to both the Poinsett and Fort Gordon locations. Seniority between the Poinsett and Fort Gordon locations shall be maintained separately. As such, should the recall/layoff bump and retreat process (as stated under Article 13, Section 1) become exhausted at one of the locations and an opening becomes available at that location, employees from the other location covered under this Agreement will have the first right of refusal provided they are considered as new hires for the purpose of layoff and recall.

Seniority will not be broken for:

1) periods of approved absence with leave

2) periods of layoff due to lack of work

3) periods of absence due to workers compensation injury or illness for the duration of the injury or illness.

When two or more employees are hired on the same day, the last four digits of their Social Security number shall then be used for purposes of lay off, recall and promotion, i.e., if two employees have the same seniority date, the employee that has the lowest number shall be considered to be the most senior of the employees hired on the same day.

Section 3. Seniority List. A seniority list for the employees at each location will be maintained by the Company and will be made available to the Union upon request. The Company shall also furnish a list to the Union reflecting new hires or rehires, their classification, their date of hire, and termination or layoff dates. Employees transferring from other sites within the company retain their original seniority date for benefit and vacation purposes only.

Section 4. Personnel Actions. Seniority will be the governing factor in all layoffs, recalls, promotion decisions and personal actions so long as the minimum qualification are met to fulfill the requirements of the Company’s contract with the Government. Seniority may be used as a mitigating factor in determining disciplinary actions.

Section 5. Employee Transfers. An employee who has established seniority rights within the bargaining unit and who is transferred to a position not covered by this Agreement shall retain seniority rights for a period of ninety (90) days. After which time their seniority shall be frozen and if returned to the unit they shall have their previous seniority reinstated.

Section 6. Steward Seniority. Shop 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. See Exhibit 1 for further explanation.

ARTICLE 13

LAYOFFS AND RECALL

Section 1. Layoff Notice. When it becomes necessary to reduce the number of employees at a work site, employees shall be laid off in accordance with their seniority within job series.

Employees shall be entitled to bump and retreat rights within their job series or a series directly related to theirs (such as Electronic Technicians to Maintenance Worker) or job qualifications allow. The company shall notify the Union and affected employees as soon as the facts are known to the Company of any potential layoffs.

Section 2. Recall. Employees laid off will be recalled as follows:

In accordance with their seniority, the Company shall recall employees who have been laid off.

If attempts to contact the employee via telephone, in the presence of a Union official, are unsuccessful the company shall send recall notices by certified mail to the employee's last known official address. The notice will instruct laid off employees when to report to work. If the employee does not report to work within ten (10) working days after receipt, the Employee will be deemed to have abandoned their job and will be removed from the Seniority List. The Company agrees that an Employee may request a later return to work date for extenuating circumstances. If the layoff/recall – bump and retreat process is exhausted at one location and an opening becomes available at that location, bargaining unit employees at the other location will have first right of refusal, provided they are: senior and qualified; and considered as new hires for the purpose of layoffs and recall.

Section 3. Severance. In the event that a successor contractor assumes the contract between themselves and the Customer, the Company shall provide the affected employees not receiving employment with either the Company at another of its locations or the successor contractor at the location of the Agreement a severance package as specified below;

Years of Company Seniority Severance Pay

From 91 Days to the completion of Year One 80 hours

From the start of Year Two to the completion of Year Five 120 hours

From the start of Year Six 160 hours

Severance pay shall accrue the day following layoff and be paid bi-weekly in conjunction with the normal pay cycle. Severance paychecks will be mailed to the employee's last address of record.

ARTICLE 14

DISCIPLINE

Section 1. Disciplinary action shall only be initiated by the Company for just and sufficient cause, and any penalty imposed will be consistent with proven offenses, and the principles of progressive discipline shall be adhered to, as set forth below.

Section 2. With the exception of suspensions, there shall be a nine (9) month reckoning period for any disciplinary action taken, after which all reference to the matter shall be removed from the employee's record, provided the employee has not committed any infraction of the same rule for which they were disciplined during the reckoning period. Suspensions will remain in the employee’s record for twelve (12) months at which time removal will be made under the same conditions as stated for other disciplinary actions.

Section 3.

a) For infractions of Company rules, such as, but not limited to, absenteeism, tardiness, and poor work performance, a four (4) step procedure will be followed of oral reprimand, written reprimand, suspension and finally discharge. However, at the final step of the procedure the Company may elect to enforce another suspension rather than a discharge without prejudice to any other incident.

b) In cases involving serious misconduct, such as but not limited to major violation of law, aggravated violence, theft, or drug/ alcohol abuse etc. the supervisor may suspend the employee immediately and if appropriate, recommend termination of the employee. An investigation of the incidents leading up to the suspension will be conducted to determine what further action, if any, should be taken. Employees whose suspension from work is upheld will not receive or accrue any employee benefits during the suspension.

Section 4. Employee(s) shall have the right to Union representation during any interview that may be disciplinary in nature or lead to any discipline. Employee(s) shall be notified of these rights prior to any such interview taking place. The Steward shall be notified and be given the opportunity to attend such interviews.

Section 5. Upon ratification of the agreement employees records shall be expunged of any existing disciplinary reference.

ARTICLE 15

GRIEVANCE PROCEDURE

Section 1. Grievances or complaints arising between the Company and its employees subject to this Agreement, or the Company and the Union, with respect to the interpretation or application of any of the terms of this Agreement, shall be settled according to the following procedure

Section 2 Employee Grievance. All grievances beyond Step 1 below, involving employee claims shall be in writing on grievance forms provided by the Union and shall be signed by all employees claiming rights there under. In an effort to adjust employee grievances by mutual agreement, they shall be presented in the following order and within the following time limits;

Step 1: The employee(s), with or without their Steward, shall promptly bring a grievance to their supervisor within five (5) working days following the event or discovery of the event giving rise to the grievance. In the event an employee is unavoidably absent due to illness or injury, or unavailable due to vacation or other approved reasons, the employee's shop steward may bring the grievance to the supervisor. If a satisfactory decision is not reached within five (5) working days then:

Step 2: Within ten (10) working days following the Step1 decision, a written grievance containing the article or section which is claimed to be violated and the remedy requested, must be signed by the employee and submitted by the Steward and taken up with the Site Manager or designee. A grievance meeting will be scheduled within five

(5) working days. Within five (5) working days following the grievance meeting, the Site Manager will reply in writing. If the written reply is not satisfactory then:

Step 3: Within ten (10) working days of the Step 2 reply, the grievance may be moved to Step 3 by written appeal to the PTR Program Manager or designee. The PTR Program Manager or designee, and the Business Representative or designee of the Union, shall meet within ten (10) working days after receipt of the grievance into a third step. A written reply from the PTR Program Manager will be given to the Union within ten (10) working days after the meeting. If no agreement has been reached after the Step Three meeting the parties shall jointly request mediation through the FMCS. Should the parties fail to reach resolution through FMCS, the union or the company may submit the grievance or dispute to arbitration as covered in the “Arbitration Procedure”.

Section 3 Union Grievance. Processing of grievances, which the Union may have against the Company, shall begin at Step 3 Section 2 of this article and shall be limited to matters dealing with the interpretation or application of terms of this Agreement. Such grievance shall be submitted in writing to the designated representative of the Company.

The grievance shall be in writing and signed by the designated representative of the Union and submitted within fifteen (15) working days from the date of the event or discovery of event giving rise to such grievance. The PTR Program Manager or designee, and the Business Representative or designee of the Union, shall meet within ten (10) working days after receipt of the grievance into a third step. A written reply from the PTR Program Manager will be given to the Union within ten (10) working days after the meeting. If no agreement has been reached the Union may submit the grievance or dispute to arbitration as covered in the "Arbitration Procedure" Article 16.

Section 4. A settlement made with respect to any grievance in the first or second step shall apply to that grievance only and shall not become a binding precedent in the case of other grievances nor a precedent, which shall bind the parties as an interpretation of the Agreement.

All settlements must be consistent with the terms and conditions of the Agreement.

Section 5. Any aggrieved employee and Union representative shall have the right to be present at any stage of the grievance procedure in which the grievance is being considered.

Section 6. The Union or its authorized representative shall have the right to examine time sheets and other records pertaining to the computation of compensation of any individual or individuals whose pay is in dispute or other records pertaining to a specific grievance. Compensation will be paid for reasonable time spent discussing or investigating grievances during, normal work schedules.

Section 7. It is understood that the time limits specified herein may be extended by mutual agreement of the parties hereto.

Section 8. Nothing in this article precludes the union from filing, a general grievance on behalf of an employee(s) in the event of unusual or unforeseen circumstances.

ARTICLE 16

ARBITRATION PROCEDURE

Section 1. The Union shall give written notice to the Program Manager setting forth the matter to be arbitrated. If said notice is not served within a thirty (30) calendar day period following the mediation hearing, it shall be deemed that the grievance has been satisfactorily adjusted and the right to arbitrate waived.

Section 2. In the event the Union or the company submits a grievance to arbitration and the parties cannot mutually agree to the selection of an arbitrator, a panel of seven (7) arbitrators will be requested from the Federal Mediation and Conciliation Service. The parties will meet within fifteen (15) days from receipt of such list in order to strike for an arbitrator. Lot will determine the right to first strike a name; the other party shall then strike a name. This procedure shall continue alternately until one (1) name remains.

Section 3. The decision of the arbitrator shall be final and binding on all parties. However, the arbitrator shall not have jurisdiction or authority to add to, subtract from, modify or in any way change the provisions of this agreement. The expense and fees of the arbitration will be borne equally by both parties.

ARTICLE 17

HOURS OF WORK

Section 1. The normal workweek shall consist of five (5) consecutive eight (8) hour or four (4) consecutive (10) ten hour work days. Employees shall normally be scheduled a minimum of forty

(40) hours per work week but not less than thirty-eight (38) hours per work week. Work week shall be from 12:01 AM Saturday through midnight the following Friday.

a) A daily work schedule may begin on one calendar day and end on another.

b) Determination of starting time and hours of work shall be made by the Company based on business requirements. For scheduled shift rotation, a one-week notice will be provided. The starting time of the various shifts will be as follows:

First Shift: Beginning at or after 6:00 AM but at or before 8:00 AM

Second Shift: Beginning at or after 1:00 PM but at or before 4:00 PM

c) The Company agrees to follow the practice of paid rest break and unpaid meal periods.

d) Schedules shall not be altered to evade the payment of overtime.

Section 2. Assignments to shifts are the function of management and shall be made whenever necessary. In the event that an ongoing shift assignment change needs to be enacted or change in shift times, the Company shall normally provide the employee with notice of seven (7) calendar days in advance of the change. At Poinsett, in the event such notice is not given at least three (3) calendar days in advance, the employee shall be paid at one and one-half times the employee’s pay rate plus applicable premiums for the hours worked until the three (3) calendar day requirement would have been met. Due to the small number of employees assigned to Fort Gordon, there may be instances when an employee must change shifts temporarily to cover the short notice absence of another employee (sick day, etc). In these situations, the employee shall be paid at one and one-half times the employee’s pay rate plus applicable premiums for the hours worked until a 24-hour notification requirement would have been met. Additionally, under these circumstances the employee upon reporting to work shall be allowed to finish the balance of the shift initially reported on if desired. A change at either location in an employee’s starting time does not constitute a change in their shift unless they switch from one of the shifts listed in the paragraph above to another one of these shifts or they are switching from a four day work week to a five day work week or vice versa.

Shift rotations shall be a minimum of thirty (30) days in duration. The Company agrees to utilize volunteers to the greatest extent possible in making such assignments.

Section 3. The Union agrees that from time to time the shift start times may need to be modified for a temporary basis in order to accommodate the Customers requirements. The Company shall notify Employees and their Steward as to such need as soon as possible but in no case less than 18:00 hours of the previous work day. If the employee was notified after 18:00 hours they will receive one and one half times pay from the rescheduled earlier start time to the time the normal shift begins.

Section 4. There will be a minimum of ten (10) hours between the end of an employee’s work shift and the start an employee’s next 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&1/2) times their regular straight time rate for hours worked until the ten (10) hours is reached.

ARTICLE 18

OVERTIME

Section 1. Overtime at one and one-half (1-1/2) times the employees pay rate shall be paid for all hours worked in excess of forty (40) hours in a work week. Employees may choose to take compensation time at applicable rate for hours worked at their discretion. This time may banked up to forty

(40) hours and taken in lieu of other paid time off. Such banked time shall be paid out on the last pay period during the month of September of each year. In the event of a change of contractors AHNTECH will be responsible for the payout of compensation time exclusive of all benefits.

Section 2. There shall be no duplication or pyramiding of overtime payments.

Section 3. Available overtime shall be rotated and equalized among qualified volunteers in order of seniority.

Section 4. An employee who is scheduled to work an overtime day and reports to work as scheduled and there is no longer work available, the employee shall be compensated with a minimum of four (4) hours work or overtime pay.

Section 5. Overtime requests shall be posted on official company bulletin boards not later than the beginning of the shift the day preceding the overtime day except for unforeseen emergencies or circumstances.

If employees are required to work the overtime; the Company shall first ask for volunteers starting with the most senior qualified employees. If unable to get enough volunteers the least senior qualified employee shall work the required overtime.

Once the least senior qualified employees have been drafted for overtime, he shall not be drafted for overtime again until each successive senior qualified employee has been drafted. Employees may be excused from the draft procedure for bona fide reasons; however, no employee will be consistently excused from such overtime.

ARTICLE 19

LEAVE OF ABSENCE

Section 1. Personal Leave. The Company may in its sole discretion approve a leave of absence without pay up to forty five (45) calendar days for personal reasons. The 45 day limit may be extended by agreement of the Company in its sole discretion. Such leave must be requested in writing and approved by the Site Manager through the employee's supervisor. Said request must also state the reason for the unpaid leave. Employees must request such leave at least five (5) calendar days prior to the date the leave would commence, except in cases of emergency.

Employees may exercise their rights under the Family Medical Leave Act in which case the forty five (45) day limit may be waived.

Section 2. Failure to Return to Work from Leave of Absence. Failure to return from leave of absence on the first scheduled work day following the expiration date of said leave without prior approval, may result in disciplinary action being imposed by the Company.

Section 3. Military Leave. Employees ordered to active duty for annual training with the National Guard or Reserve component of organized military reserve units, shall be granted a leave of absence not to exceed a maximum of ten (10) working days each fiscal year. The employee must furnish the Company a copy of their military orders at the time the leave is requested. Employees will be paid upon request the difference between their regular base pay and their military pay, provided a Leave and Earnings Statement is submitted.

In the event that a mobilization of an employee’s military unit is enacted, or a training regiment is required, their seniority shall continue to accrue. Upon their release from such mobilization the employee shall be reinstated to their previously held occupation and title.

Section 4. Jury Duty.

a) 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 regular earnings that would have been paid for an eight (8) hour shift at the base rate of pay, for each day of service. 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.

b) 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 service shall return to work.

Section 5. Union Business. Subject to mission requirements, bargaining unit employees that are required to travel for official Union business or attend official Union functions shall be granted a leave of absence for performing such business. While on such leave employees shall not lose any benefit of seniority. Such leave shall not be unreasonably withheld.

Employees shall submit such requests for leave accompanied by official Union communication authorizing them to travel or act in such capacity. These requests will normally be made at least seven (7) calendar days in advance of such requirement.

Stewards shall have their schedule modified, when requested, in order to attend a minimum of six (6) Local Lodge meetings per calendar year.

Section 6. Official Time. The Company agrees to provide forty-eight (48) hours of paid time off to bargaining unit employees designated as representatives for official Union Business during the term of this agreement. Such leave requests will be accompanied by official notice authorizing such employees to act in this capacity.

ARTICLE 20

HOLIDAYS

Section 1. The following ten (10) holidays will be provided with pay for all employees at both locations:

New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Columbus Day Veteran’s day Thanksgiving Day Christmas Day

Additionally, the employees at Fort Gordon will also receive holiday pay for Good Friday.

Section 2. Any holiday falling on a Saturday or Sunday will be observed on the day set by the Federal Government.

Section 3. At the discretion of the Company, employees will be allowed to "float" a holiday to another day in the same calendar year.

Section 4. 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. Such a day’s observance will be handled the same as a Range Closure Day in accordance with Article 23, Section 2. 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.

Section 5. Holiday pay will be consistent with regularly scheduled hours pay 8 hrs for an 8 hour shift/ 10 hrs for a ten hour shift at the employees’ straight time base rate, inclusive of all benefits.

ARTICLE 21

PAID TIME OFF

Section 1. The date used for eligibility and service credit shall be the employee's Company benefit date. Upon ratification, for the purpose of application of this section the seniority date will be used as the Company benefit date unless the Company benefit date precedes the seniority date. Paid Time Off will be awarded as follows:

Effective October 1, 2010

a) From the start of employment an employee will be awarded 104 hours of vacation annually.

b) An employee with five (5) or more years of service will be awarded 144 hours of vacation annually.

c) An employee with ten (10) or more years of service will be awarded 184 hours of vacation annually.

d) An employee with fifteen (15) or more years of service will be awarded 224 hours of vacation annually.

e) Employees may carry over a maximum of eighty (80) hours from one benefit year to the next. An employee with more than fifteen (15) years of service may carry over one hundred (100) hours of vacation annually. On the pay period following the employee’s anniversary date, all vacation time exceeding the annual vacation amount plus the eighty

(80) hour carry over shall be paid out. There will be no pay in lieu of time off for vacation except in cases of extenuating circumstances where an employees vacation requests have been denied for business operations/circumstances or where vacation requests have been denied. The intent of this provision is to cause each employee to use the vacation awarded for time off. Vacations shall be paid at the employee’s current rate of pay at the time the vacation is taken.

f) Vacation time will be accrued and vested from the employee’s benefit date at a rate of 1/26 of their entitlement each pay period and reflect the annual rate for each employee.

g) In the event of a change of contractors AHNTECH will be responsible for the payout of unused vacation inclusive of all benefits.

Section 2. Vacation requests shall be made in writing to an employee’s supervisor normally seven (7) calendar days prior to the vacation start date, except for extenuating circumstances; i.e.

Sick days, Emergencies etc. In such instances the seven (7) day requirement will be waived. The Company reserves the right to approve or deny vacation requests based on business operations except in those emergency cases. A copy of all vacation requests will be returned to the employee for retention within three (3) working days. Once an employee’s vacation is approved it shall not be altered by either party without mutual consent. Vacation may be used in increments of no less than one (1) hour unless approved by management.

Section 3: Each employee will be allocated 40 hours of sick leave per year. Management may request a doctor’s note if more than 16 consecutive hours of sick leave are used. Sick leave will be deposited into the employees account on Oct 1 each year. Leave will be accumulated and carried forward indefinitely to a maximum of 200 hours. Sick leave balances may not be cashed out. Employees may donate accrued sick leave to other employees.

ARTICLE 22

BEREAVEMENT

Section 1. In the event of death of an employee's immediate family, the employee shall be granted up to five (5) days bereavement leave with pay and may be granted further leave of choice for extenuating circumstances in accordance with the schedule below.

a. Three (3) workdays in the event of death of a member of the employee’s “Immediate Family.”

b. If an employee must attend services which include travel greater than 400 miles, two

(2) additional days or a total of five (5) days shall be granted.

Section 2. "Immediate family" shall be considered as follows: spouse, children, stepchildren, brother, sister, father, mother, grand father, grand mother, spouse’s grand father and grand mother, uncle, aunt, nephew, niece, grand children, father-in-law, mother-in-law, sister-in-law, brother-in-law, daughter-in-law, and son-in-law or legal guardian.

ARTICLE 23

WAGE RATE SCHEDULE

Section 1. The wage rates listed below will be effective for the term of this Agreement and apply to all Bargaining Unit employees. Employees shall be compensated at the wage rate for the highest classification of work being performed and at no time shall they be compensated at any rate below the classification that they are normally assigned work. This straight time hourly rate will be increased annually as designated below. These increases will be effective on the dates indicated.

Effective Effective Effective Classification Current 10-01-10 10-01-11 10-01-12

Lead RCO $31.53 $32.16 $32.48 $32.80 RCO (ATC Specialist) $29.52 $30.11 $30.41 $30.71 Electronics Tech III $29.49 $30.08 $30.38 $30.68 Electronics Tech II $27.47 $28.02 $28.30 $28.58 Electronics Tech I $21.88 $23.34 $23.57 $23.81 Quality Inspector $27.58 $28.13 $28.41 $28.69 Comp Op III/HEO $24.39 $24.88 $25.13 $25.38 Supply Technician $22.28 $23.75 $23.99 $24.23 Maintenance Worker $18.92 $19.30 $19.49 $19.68 Shift Differential Pay $ 0.50 $0.75 $0.75 $0.75 Lead Differential Pay $1.00 $1.00 $1.00 $1.00

All new employees will be hired on at 95% of the current rate for the position they are being hired into for the first year and will be raised to 97.5% of the rate for the position they are being hired into for their second year. Upon completion of their second year they will be paid at the full agreed upon rate for that position. This does not apply to transfers within the same contract.

Classification descriptions shall follow those established by the U.S. Department of Labor for the Service Contract Act.

An employee’s classification shall not be changed without mutual consent of the parties so long as there are same/similar tasks available to be preformed at the site.

Section 2. Closures. Employees shall be compensated for lost time in the event of a temporary base closure by the Company or Customer for inclement weather, security reasons or the command post determines closure.

Section 3. Call Back Pay. If an employee has left the worksite and is called back for work and returns to the worksite, they shall receive a minimum of four (4) hours pay for returning to work.

Section 4. Lead Differential. A lead is defined as an employee who assists the Management in scheduling work, responsible for instructing and aiding a group of employees and may be required to certify training tasks. Assists Site Manager in maintaining a smooth flow of work and maintains records. Reports to Site Manager the reason for failure to maintain flow of work. May be called on to replace Site Manager temporarily in case of absence. The company may assign lead employee(s) as needed. No employee will be assigned to the position of lead against their will. The Lead will not be allowed to hire, fire, or effectively recommend discipline. Employees assigned to the lead function will be paid the lead premium for only the time worked as lead.

Section 5. Hazardous Pay. Employees will be paid a hazardous pay differential of 4% of the base wage for each hour of work in the following situations:

a. Working on target pads where ordinance/munitions not certified as clean are located.

b. Handling, loading, or transporting of Smokey Sams.

Section 6. Shift Differential Pay. Employees who start their work shift at or after 1:00 PM on Monday through Thursday or after 10:00 AM on Friday will receive the applicable shift differential pay for all hours worked during that shift. Personnel scheduled or tasked to work on Saturday, Sunday, or a holiday will receive the applicable shift differential if their work shift starts at or after 1:00 PM.

ARTICLE 24

HEALTH AND WELFARE BENEFITS

Section 1. The Company will provide a benefit as found below for all hours paid, to be used by employees to purchase health and welfare benefits. Any unused monies will remain with the employee, unless otherwise required by law. All issues such as eligibility, enrollment, and claims will be as specified in plan documents. Employees may opt out of Company provided plan(s) in which case shall receive benefit amounts as cash-in-lieu.

Current 10/1/10 10/1/11 10/01/12 $5.32 $5.75 $6.10 $6.10 per/hr per/hr per/hr per/hr

Section 2. The Company will offer group medical insurance for employees and their dependents which provide the same levels of coverage, benefits and employee costs as the medical insurance provided to non-bargaining unit SCA employees on a company-wide basis.

All issues such as eligibility, enrollment, and claims will be as specified in the plan documents.

Bargaining unit employees may use some or all of their pay in lieu…