Synder 2010 CBA .pdf
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- Primary Training Ranges
- Solicitation number
- FA4890-11-R-0012
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AGREEMENT
BETWEEN
AHNTECH INC
AND
INTERNATIONAL ASSOCIATION OF MACHINISTS
AND AEROSPACE WORKERS
DISTRICT LODGE 776
USAF Snyder Electronic Scoring Site
May 26, 2010 to May 25, 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 26th day of May 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 776, AFL-CIO, (hereinafter referred to as "the Union").
This agreement shall remain in effect thru midnight on May 25, 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 employees of the Primary Training Range (PTR) program at Snyder Electronic Scoring Site (ESS), Snyder, TX as certified by the National Labor Relations Board in Case Number 16-RC-10574 and such other programs, tasks as may hereafter be added by mutual agreement of the parties hereto. This agreement excludes 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 or provide access via online website 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. 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 elect two (2) Shop Stewards to represent bargaining unit employees; One Shop Steward and One Alternate Steward. The Alternate Steward shall act in the absence of the Shop Steward. The Union shall notify the Company in writing of the individuals so selected in this capacity.
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 elsewhere 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 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 may be 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 effort 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 may be cause for release from the Company, at the Company's discretion, 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. 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 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. Seniority at the Snyder Electronic Scoring Site is defined as including the whole span of service with the present contractor, or successor, and with predecessor contractors, in the performance of the PTR Program. Employees hired on or after the date of contract ratification will establish their seniority from date of hire at the Snyder Facility, except for the purposes of vacation accrual.
Seniority will not be broken for:
1) periods of approved absence with leave
2) periods of layoff due to lack of work up to 36 months. The employee will be responsible for giving the company the employees’ current address for recall purposes. Failure to do so may result in lose of recall. Registered mail receipts for proof of notification will be the employees responsibility
3) periods of absence due to worker’s 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 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.
ARTICLE 13
LAYOFFS AND RECALL
Section 1. 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:
A. They may displace anyone in the same or lower labor grade in the same Job Classification who has less seniority than they do.
B. They may displace workers in different Job Classification if they have worked in that Classification 12 months or more with AHNTECH or any other Company and can demonstrate proficiency.
C. 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.
D. Employees who have been displaced under this procedure are entitled to the same displacement rights identified above.
Section 2. Employees choosing to exercise their displacement rights under the above procedure must notify the Site manager in writing within two (2) work days after receipt of layoff notice.
For displacement outside their assigned Job Classification, they must indicate their decision to displace within two (2) work days of receipt of the applicable retention list.
Section 3 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.
Section 4 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.
Section 5 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.
Section 6 No employee shall have the right to displace any employee in a higher labor grade than his own.
Section 7 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.
Section 8 For reduction-in-force purposes only, Shop Steward 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 9 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 10. 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 equal to two weeks of pay.
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. Steps will include oral reprimand, written reprimand, suspension and finally discharge. Suspensions may be from one to ten workdays at the Company’s discretion. However, at the final step of the procedure the Company may elect to enforce another suspension rather than a discharge without setting precedence for any future 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.
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 and 2 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 their Steward, shall promptly bring a grievance to the site management 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.
Step 2: If a satisfactory decision is not reached within ten (10) working days, then the grievance will be forwarded to a local grievance committee. This committee will consist of the employee(s) presenting the grievance, the Steward, and two random employees. At this time the grievance will be reviewed to determine legitimacy. If found to be legitimate then grievance procedure will continue as written in Step 3. If grievance is found not to be legitimate then the grievance procedure halts at this point.
Step 2 will be completed within five (5) working days.
Step 3: Within ten (10) working days following the Step 2 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 4: Within ten (10) working days of the Step 3 reply, the grievance may be moved to Step 4 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 in this forth 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 Four meeting, the Union may submit the grievance or dispute to arbitration as covered in the "Arbitration Procedure" Article 16.
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 and shall not significantly interfere with the normal flow of work.
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 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 Step 3 decision of the Grievance Procedure, it shall be deemed that the grievance has been satisfactorily adjusted and the right to arbitrate waived.
Section 2. In the event the Union 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. 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.
In the event the arbitrator’s decision is not in favor of either party, the costs of the arbitration will be shared equally.
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 each with an unpaid 30 minute meal period except as designated below. 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.
c) 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. 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.
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 twenty-four (24) hours. If an employee has less than twenty-four (24) hours notice they will receive one and one half times normal pay until the twenty-four (24) hour notice has been complied with. Extended shifts due to urgent contract requirements during periods for equipment failure or special operational requirement may be needed. In these cases employees currently serving in the needed position will be given the option to accept overtime work. If the employee does not wish to work the overtime, management will attempt to get another qualified employee. If none are available the employee will continue to work the position until relieved/completed or to the end of a twelve hour shift, whichever comes first.
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 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.
Section 5. When making assignments, management will give consideration to those employees wishing to take college courses to further their education.
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 a rate of 1.5 hours for each hour worked in excess of 40. This time may be banked up to forty (40) hours and taken in lieu of other paid time off. Such banked time shall be used or paid out prior to the last day of September of each year. Scheduling for comp time shall be handled under the same procedures as Article 21, Paid Time Off
Section 2. There shall be no duplication or pyramiding of overtime payments.
Section 3. Available scheduled 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. Scheduled overtime requests shall be posted on official company bulletin boards not later than the beginning of the shift the day proceeding the overtime day except for unforeseen emergencies or circumstances.
If employees are required to work 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 employee has 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 waved.
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. 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.
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.
ARTICLE 20
HOLIDAYS
Section 1. The following ten (10) holidays will be provided with pay:
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
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 the event that the federal government establishes any new holiday it shall be conveyed to the employees and be incorporated into this agreement. In the event of a declared day off by the government via executive order or else wise, the company agrees to give the employee the day off, with pay, if the site is closed by the government. If the site is not closed, the day will be treated as a normal workday.
ARTICLE 21
Paid Time Off
Section 1. The vacation year for eligibility and service credit shall be from employee's Company benefit date to Company benefit date. Upon ratification, for the purpose of application of this section the seniority date in as described in Article 12 Section 2 will be used as the Company benefit date. Paid time off will be awarded as follows:
PERSONAL TIME OFF (PTO):
Personal Time off is for the employees use in the event of illness, appointments, and other personal issues. Each employee will be allocated twenty-four (24) paid hours per year for PTO. PTO may be accumulated and carried forward indefinitely. Employees must notify the Site Manager when using PTO. PTO balances may not be cashed out at termination. Employees will be given the twenty-four (24) hour allocation of personal time off each year on 1 Oct.
VACATION
a) From date of hire through the completion of the fifth (5) year of employment, the employee will be awarded one hundred and four (104) hours of vacation annually.
b) From the start of the employee’s sixth (6) year of service and through the tenth
(10) year will be awarded one hundred and forty-four (144) hours of vacation annually.
c) From the start of the employee’s eleventh (11) year of service and through the fifteenth (15) year will be awarded one hundred sixty-four (164) hours of vacation annually and further at the start of the start of the employee’s sixteenth (16) year of service and there after will be awarded one hundred and eighty-four (184) hours of vacation annually.
d) In granting vacation it is the intent of the parties that vacation will be taken. As such, employees shall schedule and request vacation in order to utilize the annual amounts which will be accruing. Employees must schedule use of their vacation and obtain management approval. Business operations need shall be the determining factor in the number of employees that will be granted vacations at any given time.
e) On the pay period following the employee’s anniversary date, all vacation time with the exception of 80 hours that employees may carryover from one benefit year to the next will 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. The intent of this provision is to cause each employee to use the vacation awarded for time off.
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) All accrued and unused vacation hours will be paid to employees upon termination of employment.
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.
ARTICLE 22
BEREAVEMENT
Section 1. In the event of death of an employee's immediate family, the employee shall be granted up to four (4) day's 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 300 miles, one (1) additional day or a total of four (4) days shall be granted.
Section 2. "Immediate family" shall be considered as follows: spouse, children, step-father, step-mother, stepchildren, brother, sister, father, mother, grand father, 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
Electronics Tech III $30.24 $30.69 $31.15 $31.77 Electronics Tech II $28.67 $29.10 $29.54 $30.13 Electronics Tech I $23.91 $24.27 $24.63 $25.12 Quality Inspector $28.10 $28.52 $28.95 $29.53 Supply Technician $24.64 $25.01 $25.39 $25.90 Maintenance Worker $20.79 $21.10 $21.42 $21.85 General Clerk/Comp Op $14.98 $15.21 $15.44 $15.75 Lead Differential Pay $0.75 $0.75 $0.75
Classification descriptions shall follow those established by the U.S. Department of Labor for the Service Contract Act. Employees may be assigned any task which management feels they are qualified in which the compensation is lower so long as their normal pay rate is maintained.
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 etc.
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. May be required to perform evaluations. 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. AHNTECH management will appoint the lead and the duration of time the individual will fill this role.
ARTICLE 24
INSURANCE
Section 1. The Company will provide a benefit as found below for all hours paid to include holidays and vacation up to a maximum of 40 hours per week, 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 $5.36 $5.61 $5.86 $6.11 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 have the option of declining the Company insurance.
ARTICLE 25
SAVINGS/PENSION
Section 1. The Company’s Master Savings Plan (401K) shall be made available to those eligible employees covered by this agreement in accordance with the provisions of the plan:
a. Employees may elect to participate in the plan immediately upon hire and will become eligible for matching and discretionary profit sharing upon completion of one year of service.
b. Employees may contribute the maximum amount allowable under the law. After completion of one year of service with the Employer, the Employer will match fifty percent (50%) of the employee’s contribution up to a total of 6%.
Section 2. The 401K program will be administered in accordance with the 401K Plan Summary 2003.
Section 3. Any future improvements to the plan will be conveyed to the employees. The Union will be notified of such changes.
Section 4. IAM National Pension Fund
A. The Employer shall contribute to the I.A.M. National Pension Fund, National Pension Plan for each day/hour or portion thereof for which employees in all job classifications covered by this Agreement are entitled to receive pay under this Agreement to a maximum of forty (40) hours per week for each employee as follows:
$.75 per hour effective 1 Oct 2010
If the employee is paid only for a portion of an hour/day, contributions will be made by the Employer for the full hour/day.
B. The Employer shall continue contributions based on a forty (40) hour work week while an employee is off work due to paid vacations or paid holidays. The Employer shall also make contributions whenever an employee receives severance pay, vacation pay at termination, or vacation pay in lieu of time off.
C. Contributions for a new, temporary, probationary, part-time and full-time employee are payable upon the completion of the employee's probationary period, but no later than ninety (90) calendar days after date of hire
D. The I.A.M. Lodge and Employer adopt and agree to be bound by, and hereby assent to, the Trust Agreement, dated May 1, 1960, as amended, creating the I.A.M. National Pension Fund and the Plan rules adopted by the Trustees of the I.A.M. National Pension Fund in establishing and administering the foregoing Plan pursuant to the said Trust Agreement, as currently in effect and as the Trust and Plan may be amended from time to time.
E. The parties acknowledge that the Trustees of the I.A.M.
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