Avon Park 2010 CBA Final.pdf

COLLECTIVE BARGANING AGREEMENT

BETWEEN

AHNTECH INC.

AND

INTERNATIONAL ASSOCIATION OF

MACHINISTS

AND AEROSPACE WORKERS

DISTRICT LODGE 166

LOCAL LODGE 2915

USAF Avon Park Bombing Range

August 10, 2010 to August 9, 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 10th day of Aug 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 166, Local Lodge 2915, AFL-CIO, (hereinafter referred to as “the Union”).

This agreement shall remain in effect thru midnight on August 9, 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 I

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 of the PTR program at Avon Park Air Force Range as certified by the National Labor Relations Board in Case Number 12-RC-9031 and such other programs, tasks as may hereafter be added by mutual agreement of the parties hereto. This agreement excludes quality control inspectors, 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 II

SUCCESSORSHIP

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 III

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 IV

MANAGEMENT RIGHTS

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 prior to the implementation of new policies and changes in the existing policies that directly affect the agreement. The Company shall post a copy of all policies in the work area and provide the Union with a copy within 30 days of the date of this agreement. The Company shall also keep each site up to date with current Corporate and Site policies in a written format, kept in the employee's break area

ARTICLE V

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 VI

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. The Company will within ten (10) working days after receipt of notice from the Union, discharge any employee who is not in good standing in the Union or paying the applicable agency service fees, initiation fees and reinstatement fees. Any employee so discharged shall be deemed to be discharged for “just cause”. “Good standing” is defined as in compliance with standards permitted by NLRB and court decisions relating to Union agency shop requirements.

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 VII

UNION STEWARDS

1.00 Upon execution of this Agreement, the Union shall promptly furnish the Human Resources Manager, in writing, the names of the Shop Stewards. Thereafter, the Union shall promptly advise the Human Resources 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 one (1) Shop Steward and one (1) Alternate Shop Steward should the Company add sites and/or shifts under the AHNTECH Contract, changes in the number or assignment of Stewards will be discussed between the parties as needed.

3.00 A Steward shall seek 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, plus Shift and/or Lead Premiums, as appropriate. No other premiums will be paid. 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.

5.05 The company with coordination with the shop steward(s) to remove all rosters or documents as necessary from all bulletin boards during times when competitive companies are present.

6.00 The Chief Steward or alternate, 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, with pay, to allow for subsequent discussion with his Steward before the disciplinary action is finalized.

ARTICLE VIII

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 will also be tested for alcohol and drug use upon reasonable probable cause, and work related accidents or injuries.

Section 4. The Company considers any violation of drug use, possession, distribution, or sale of drugs, drug paraphernalia a serious matter that will result in immediate termination of the employee regardless if it is identified on Company premises, through random sampling on or off work. The Company also considers any violation of alcohol on Company premises a serious issue that will warrant immediate termination of the employee.

ARTICLE IX

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 Avon Park Bombing Range, and that uninterrupted services must be furnished to those agencies who have need of and make use of the capabilities of the Bombing 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 contactor 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 X

HEALTH AND SAFETY

1.00 The Company, the Union and all employees share the responsibility for maintaining a safe, clean, and healthful workplace.

2.00 Employees are required to comply with safety rules and regulations established by the Company and Government agencies, and to wear such protective clothing or use such safety equipment as required and shall be furnished by the Company.

3.00 The Company shall maintain safe and healthful conditions including safety equipment as is necessary to protect employees from injury. It is the desire of both parties to this Agreement to maintain high standards of safety in the operations of the Company in order to eliminate, as far as possible, industrial accidents and illnesses.

4.00 Except for shoes, all safety wearing apparel, safety equipment, and/or protective devices shall be provided by the Company and remain the property of the Company and are intended solely for the use by employees during their working hours. On or about October 1st of each year the Company will provide funds for the replacement of safety shoes. For all Regular employees required to wear safety shoes, the Employer will pay a maximum of $150.00 toward the purchase of safety shoes as needed. Employees who receive payment for the purchase of safety shoes shall be required to wear safety shoes while performing work for the Company.

Should an employee terminate his/her employment or be terminated by the Employer prior to the completion of six (6) months of service with the Employer the prorated cost shall be deducted from the employee's last paycheck. The Company shall furnish safety and protective equipment to employees as required by industry standards established the United States Occupational Safety and Health Administration (OSHA) and the United States Air Force.

5.00 The Company shall furnish coveralls to all employees who request them when performing work that involves exposure to paints, chemicals, or inorganic sprays. Employees requesting coveralls or protective clothing must wear the clothing while performing the work for which the coveralls were requested. The Company shall provide for the cleaning of the coveralls if the coveralls are non-disposable.

6.00 The Company will designate smoking areas not in violation of Air Force and insurance regulations. Employees may smoke during such times as the Company may designate.

7.00 The Company will provide inside break areas and refrigerated lunch storage bins or refrigerators at each break area. Documentation of request and follow-up will be provided upon request to the Union Grievance Committee Person.

(a) The Company will attempt to have all inside work areas properly heated.

Documentation of request and follow-up will be provided upon request to the Union Grievance Committee Person.

ARTICLE XI

JOB CLASSIFICATIONS

1.00 If it becomes necessary to establish new job classifications within the Bargaining Unit during the term of this Agreement, the Company will notify the Union, in writing, of the job classification and wage rate. If the Union does not agree with the new classification, it may appeal the new classification to Arbitration as provided in this Agreement. The job classification and wage rate established and implemented by the Company will remain in effect unless ruled unreasonable or arbitrary by the Arbitrator.

2.00 New or revised job classifications introduced during the term of this Agreement will be discussed with the Union Disputes arising out of this Article may be made the subject of the Grievance and Arbitration procedures of this Agreement.

3.00 Job postings for bargaining unit positions that contain “desired qualifications” which have not been incorporated in previous postings for that job series and work unit will be submitted to the Chief Steward of the area for Union concurrence. If changes are requested, the Chief Steward will meet with the Supervisor initiating the Position Request. If a resolution is not reached, the Union may, however, initiate a grievance at the third step of the Grievance Procedure.

ARTICLE XII

PROMOTIONS

Section 1. 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. If no employee within the bargaining unit possesses the skills and abilities to fulfill the open position, the Company 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. The postings shall contain the position(s) open and the method that employees may apply for such openings. The Company will notify all employees not present when openings occur in order for those employees not to be bypassed for promotion considerations.

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 occupation 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 XIII

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 condition is met, the Company may utilize temporary employees.

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 duration of thirty (3 1) calendar days or less.

2.02 The Company will notify the area Steward prior to using a temporary employee(s).

2.03 In cases where the job requirement will be in excess of thirty (30) calendar days, the Company will meet with the Union 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 (31) calendar days period.

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

ARTICLE XIV

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. Seniority is defined as including the whole span of service with the present contractor, or successor, and with predecessor contractors. The Company agrees to provide a copy of the current seniority list to the union Business Representative or Shop Steward upon request. employees hired on or after the date of contract ratification will establish their seniority from date of hire. 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 comp. injury or illness for the duration of the injury or illness.

Section 3. Seniority List. A seniority list 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 not be used as a factor in personnel actions;

provided, however, that seniority will be considered by the Company in making layoff, recall, and promotion decisions depending on the requirements of the Company's contract with the Government; and if all other, including but not limited to qualification, skills, and ability are equal.

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. A Steward shall be the last employee transferred from or laid off within their labor classification.

ARTICLE XV

CONTRACTING OUT WORK

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 Steward and Business Representative in writing of any situations when the Company plans to subcontract such work.

ARTICLE XVI

LAYOFFS AND RECALL

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

Part-time employees will be eliminated first. Employees shall be entitled to bump and retreat rights. The company shall notify the Union and affected employees as soon as the facts are known to the Company of any potential layoffs.

1.00 Jobs to be eliminated will be designated by the Company based on PTR location(s), labor grade, and least 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 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 placement 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 two (2) workdays after receipt of layoff notice. For displacement outside their assigned Job Classification, they must indicate their decision to displace within two (2) workdays of receipt of the applicable retention list. All employees will receive severance pay in the event of a layoff. If recalled, the employee will not pay back the severance pay.

4.00 The Company and the Union will meet to explore options to 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 than 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 thirty-six (36) months retain and continue to accrue seniority.

9.00 For reduction-in-force purposes only, Stewards as described in this Agreement will maintain super seniority so as not to be affected by a reduction-in-force, provided, however, they have the necessary qualifications to perform the remaining work.

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.

Section 3. 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 three weeks severance pay. If the company decides to reduce the workforce, the company will offer laid off employees two (2) weeks severance pay.

ARTICLE XVII

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 XVIII

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 XIX

ARBITRATION

1.00 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.

2.00 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.

3.00 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.

4.00 Each party shall be responsible for their own legal fees and costs related to their witnesses. The party whose position is not upheld by the arbitrator will be responsible for the entire cost of the arbitrator, and the meeting room.

This section applies to all current and future arbitrations.

In the event the arbitrator’s decision is not in favor of either party, the costs of the arbitration will be shared equally.

ARTICLE XX

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 workweek. Workweek 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. The next week’s employee work schedule will be published on Thursday of the current work week. 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 12 hours in advance of the change.In the absence of such notice, the employee will be paid at one and one-half times the employees straight time rate for the hours worked until the 12 hours requirement is met. If an employee works on a Saturday he will be paid time and one half his regular hourly wages for all hours worked. If an employee works on a Sunday he will be paid two times his regular hourly wage for all hours worked.

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

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

e) Any employee who works thirty hours (30) 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

f) With approval by his supervisor an employee may 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.

g) 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.

Section 2 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 as to such need as soon as possible.

ARTICLE XXI

OVERTIME

Section 1. Overtime shall be compensated at one and one-half (1-1/2) times the employees pay rate for all hours worked in excess of forty (40) hours in a work week.

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, or when the amount of time to work is scheduled less than 4 hours, the employee shall be compensated with a minimum of four (4) hours work or overtime pay.

Section 5. If employees are required to work the overtime; the Company shall first ask for volunteers starting with the employee who has the least number of overtime hours worked. All full time employees will be offered overtime opportunities before allowing any part time employee to work. If no full time employee wants to cover the overtime then the part time employee must work. Management will keep a table of employee total overtime hours.

If no employees volunteer, management will draft the least senior qualified employee 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 XXII

TURNAROUND TIME

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 times their regular straight time rate for hours worked until the ten (10) hours is reached.

ARTICLE XXIII

RECALL OUTSIDE NORMAL SHIFT

When an employee has completed a shift and has been relieved for the day 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 XXIV

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 granted a leave of absence not to exceed a maximum of eight (8) 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 Earning 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) Jury Duty Leaves of Absence. An employee who has been called to jury duty or jury service will be paid his regular base rate, inclusive of benefits, for time lost from regularly scheduled hours of work because of jury duty. If the employee is released from jury duty and would not be able to work three (3) or more hours of his normal shift, inclusive of travel the, the employee will not be required to report to work and will be paid at his normal hourly rate, as appropriate. Notice of jury duty must be given to the Company upon receipt of a jury summons, and proof of such service must be submitted I 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 fourteen

(14) 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.

Section 7. SICK/PERSONAL LEAVE. Effective 1 Oct 10, and every consecutive October for the term of this contract each employee will be allocated 24 hours of sick/personal leave per year.

Sick/personal leave balances may not be cashed out. Employees may be asked for a doctor’s note if more than 16 consecutive hours of sick leave are used. Sick/personal leave will be deposited into the employees account on Oct 1 each year. Sick/personal leave will not be accumulated or carried forward.

ARTICLE XXV

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

2.00 In addition to the holidays listed above, the Company will observe any holidays declared as a legal holiday by Congress, the President or any military authority when such holiday is observed by the military and the government authorizes the range to be closed. Such holiday and observance shall be handled the same as a recognized holiday

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. Any employee required to work a holiday will be paid eight hours holiday pay and in addition be compensated at one and one-half (1-1/2) times the employees pay rate for all hours worked.

ARTICLE XXVI

VACATIONS

1.00 Effective October 1, 2010 employees who have completed their probationary period will accrue paid vacation as reflected in the table below from their date of hire. 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 Seniority Annual Accrual

From date of…