March_CBA_IAMAW-DRS_2015.pdf

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

DRS TECHNICAL SERVICES, INC.

USAF IRSTT PROGRAM AT MARCH ARB, CA

and

INTERNATIONAL ASSOCIATION OF

MACHINISTS AND AEROSPACE WORKERS

AFL-CIO

DISTRICT LODGE 725

and its

LOCAL LODGE 821

TABLE OF CONTENTS

ARTICLE TITLE PAGE

Preamble of the Agreement 3 1 Recognition 4 2 Rights of Management 5 3 Union and Company Relations 6 4 Grievance Procedure and Arbitration 11 5 Seniority 14 6 Workweek, Hours of Work, Shifts 17 7 Overtime 18 8 Leave of Absence 19 9 Safety 22 10 Separability 23 11 Miscellaneous 24 12 Layoff and Recall 27 13 Jury and Witness Duty 28 14 Discharge and Discipline 29 15 Rates of Pay 31 16 Paid Time Off 32

17 RESERVED 34

18 Holidays 35 19 Group Benefits 36 20 Retirement Plan 38 21 Duration 39

Signature Page

Appendix A Wage Table Appendix B Seniority and Benefits Eligibility Date Appendix C

Machinists Customs Choice Worksite Benefits Program

PREAMBLE

THIS AGREEMENT, dated as of the 5th day of June 2015, by and between DRS Technical Services, Inc. (Company or Employer) and the International Association of Machinists and Aerospace Workers, AFL-CIO, District Lodge725 and its Local Lodge 821 (the Union).

WHEREAS, the Union is the exclusive bargaining agent of certain employees of the Company, and

WHEREAS, the Union and the Company have negotiated a collective bargaining agreement (Agreement) covering wages, hours and other terms of employment, and

WHEREAS, the parties desire to reduce the agreement to writing, NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth, the parties hereto agree as follows:

ARTICLE 1

RECOGNITION

Article 1.1 Recognition. The Company recognizes the Union as the sole and exclusive bargaining agent with respect to rates of pay, wages, hours of work and all other conditions of employment for all employees covered by this Agreement.

Article 1.2 Bargaining Unit. The Employer and the Union agree the employees covered by this Agreement shall consist of the following:

INCLUDED: All full-time and regular part-time employees classified by the Employer as Joint Terminal Attack Controllers, including Team Leads, employed by the Employer pursuant to Prime Contract W15P7T-10-D-F416-0024, USAF Air & Ground ISR Test & Training Support, at March Air Reserve Base, California, 520 Meyer Street, Building 2272 (RC Case 21-RC-133987).

EXCLUDED: All other employees employed by the Employer, including but not limited to, office clerical employees, professional employees, guards and supervisors.

ARTICLE 2

RIGHTS OF MANAGEMENT

Except as expressly modified or restricted by a specific provision of this Collective Bargaining Agreement, all statutory and inherent managerial rights, prerogatives, and functions are retained and vested exclusively with the Company, whether heretofore or hereafter exercised and regardless of the frequency or infrequency of the exercise of those rights. The rights include, but are not limited to, the right to reprimand, suspend, discharge, or otherwise discipline employees for just cause; to determine the number of employees to be employed; to hire employees, determine their qualifications, and assign and direct their work; to establish job classifications and descriptions as required; to lay off and recall employees to work; to set the standards of productivity and performance, the products to be produced, and/or the services to be rendered; to maintain the efficiency of operations; to determine the personnel, methods, means and facilities by which operations are conducted; to determine hours and shifts of work; to close down or relocate the Company’s operations or any part thereof; to expand, reduce, alter, combine, transfer, assign, or cease any job, department, operation, or service; to introduce new or improved methods of operation, equipment, or modes of transportation; to control and regulate the use of machinery, facilities, equipment, and other property; to issue, amend, and revise, policies, procedures, rules, regulations, and practices; and take whatever action is either necessary or advisable to determine, manage, and fulfill the mission of the Company and to direct the Company’s employees.

ARTICLE 3

UNION AND COMPANY RELATIONS

Article 3.1 Strikes and Lockouts.

(a) 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 that efficient and uninterrupted services must be furnished by those agencies who have need of and make use of the capabilities of the Company.

Therefore, the parties agree that during the term of this Agreement:

(b) There shall be no strikes, sympathy strikes, sit downs, slowdowns, work stoppages, stay-ins, refusals to work, picketing or any other action that could interfere with any of the operations of the company.

(c) The Company agrees it will not engage in any lockout of employees during the term of the Agreement.

(d) The procedures provided for herein for the settlement of grievances arising under this Agreement may serve as the means for the settlement of disputes that may arise between the Parties. However, nothing in this Article, or any other Article of this Agreement, limits the Company's or the Union's right to seek and receive legal and equitable relief in the event of the breach of the no strike - no lockout provision, including but not limited to, injunctive relief prohibiting any lockout, strike, sympathy strike, sit down, slow down, work stoppage, stay in, refusal to work, picketing, or any other action which would interfere with any of the operations of the Company.

(e) The Union (its officers, and/or agents and/or members) shall not authorize, encourage, sanction, or take part in any strike, sympathy strike, sit down, slow down, work stoppage, stay in, refusal to work, picketing or any other action which deliberately interferes with any of the operations of the Company.

(f) Any employee or employees, individually or collectively, who shall cause, encourage, or take part in any violation of this article, or any activities prohibited by this article, may be immediately discharged, or subject to other disciplinary actions as the Company may unilaterally consider appropriate. Any such disciplinary action shall be subject to the grievance and arbitration procedure as defined herein. If it is determined under the established grievance/arbitration procedure that such an employee(s) did participate in such an action, in violation of this provision, the disciplinary action taken shall not be altered. If the decision under the grievance and arbitration procedure is that such an employee or employees did not participate in such acts, the redress shall be as determined by the grievance/arbitration procedure and limited to "making whole" the individual employee involved, if warranted.

(g) In the event of a violation of this Article, the Union (its officers, agents and members) individually and collectively agree that it will use its best efforts and end such prohibited conduct, taking actions including:

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

(ii) Immediately notify all employees in writing that such prohibited conduct is in violation of the Agreement.

(iii) Requesting those employees violating this Agreement to return to work and/or otherwise fully comply with the terms of this Agreement.

(iv) Make every other reasonable effort to have employees cease such prohibited acts.

(h) Bargaining Unit employees will not be requested or required to cross a sanctioned IAM picket line at any other Company facility. If an employee encounters a picket line, the employee should contact their supervisor.

Article 3.2 Union Membership. All employees within the Bargaining Unit defined in Article 1.2 shall become members of the Union within thirty days (30) days following the beginning of employment, or within one hundred and twenty (120) days following the execution of this Agreement, and shall thereafter maintain their membership in good standing in the Union during the life of this Agreement, as a condition of continued employment.

(a) Satisfaction of Obligation. Employees who are required either to become members of the Union or maintain membership in good standing may satisfy that obligation by periodically tendering to the Union an amount equal to the Union's regular and usual monthly dues.

(b) Failure to Satisfy Obligation. In the event an employee, who as a condition of continued employment, is required under this Article 3 to become a member of the Union, or maintain his membership in good standing therein, but does not do so, the Union will notify the Company in writing, through the Director of Human Resources, or through such other office as may be designated by the Company, of such employee's delinquency. The Company agrees to advise such employee that his employment status with the Company is in jeopardy and that his failure to meet his obligation under this Article 3 within thirty (30) days will result in his termination of employment.

(c) Explanation to employees. Either the Company or the Union may explain to any employee or call to his attention, at any time, his rights and obligations under any or all provisions of this Article 3.

Article 3.3 Payroll Deduction for Union Dues.

During the existence of the Agreement, the Company, insofar as permitted by State and Federal law, shall deduct out of the current net earnings payable bi-weekly to an employee covered by the Agreement, applicable service fees or Union dues, initiation fees and reinstatement fees, upon receipt of and in accordance with a deduction authorization, duly executed by the employee, on a card as agreed upon between the Company and the Union and shall continue deductions until such authorization is duly revoked by the employee.

Article 3.4 Indemnity. 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 3.

Article 3.5 Business Representatives – Access to Site. The business representative of the Union, or his accredited designee, shall have access to the Site during working hours for the purpose of conducting legitimate Union business pertaining to this Agreement including, but not limited to, the investigation and advising in the handling of grievances, and the Company will not impose regulations which will render the intent of this provision ineffective. Visits by Union Representatives shall not interfere with operations at the Site.

The Union shall keep the Program Manager currently informed in writing of the name of the accredited business representative (and his accredited designee).

Article 3.6 Chief Steward. The Union may select one (1) Chief Steward (and an alternate who shall act in the absence of the Chief Steward). The Union shall keep the Program Manager informed in writing of the name of the Chief Steward and the alternate.

An employee, while serving as the Chief Steward, shall not be surplused, transferred or loaned from his job classification so long as other employees remain in his job classification. The Chief Steward or the alternate (in the event of the absence of the Chief Steward) will be allowed authorized absence without pay to attend one (1) regularly scheduled meeting each month, on a date and during the hours certified by the Directing Business Representative/Business Representative or his designee and upon 48 hours advance written notice to the Program Manager.

Article 3.7 Departure from Work Assignment by Chief Steward to Investigate Complaints or Claims of Grievance. The Chief Steward shall notify and obtain permission from his supervisor before leaving his work assignment for the purpose of investigating complaints or claims of grievance on the part of employees or the Union or contacting the business representative in regard to such claim or grievance. Such permission shall be granted except where there is a substantial reason for delaying the contact or the investigation due to safety conditions or the fact that a critical operation is in process.

The Program Manager may be present during any discussion relating to any complaint or grievance. However, upon the request of an employee or steward, the Program Manager shall authorize the Chief Steward to participate in a private discussion with an employee, business representative, or his designee, relating to a complaint or grievance. Discussions of the type described in this Article 3.7 shall be conducted without requiring the employee or Chief Steward to clock out provided the discussion does not extend beyond the time the Program Manager considers reasonable under the circumstances. Overtime will not be paid for the discussion time without prior approval of management.

Article 3.8 Bulletin Boards. If allowed by the customer, the Company will provide a bulletin board for the use of the Union at a location mutually agreed to by the parties.

Use will be restricted to the following:

(a) Notices of Union meetings;

(b) Notices of Union elections and results thereof;

(c) Notices of Union recreational and social affairs; and

(d) Such other notices as are mutually agreed upon.

Only notices approved by the Union Business Representative, or his designee, authorized in writing by the Union and approved by the Company may be placed on the bulletin boards.

Article 3.9 Nothing in this Agreement is intended to abridge the right of the Program Manager to privately discuss with any employee under his supervision topics pertinent to the work place, including but not limited to, the employee's job performance.

Article 3.10 Joint Meetings/Teleconference. Should either party desire to discuss with the other any matter affecting generally the relationship of the parties, a meeting/teleconference of Union and Company representatives shall be arranged upon request of either party. Such meetings/teleconferences shall take place at a time mutually convenient to both parties. Any use of Company time for attendance at such meetings shall be arranged in advance by mutual agreement.

This Article is intended to provide a free avenue of communication between the Union and the Company, and suggestions, complaints, or other matters may be presented by either party, provided that neither party shall be required to discuss any item brought up by the other party nor be bound to act upon any item presented. However, both parties agree to discuss informal grievances and complaints.

ARTICLE 4

GRIEVANCE PROCEDURE AND ARBITRATION

Article 4.1 It is the intent of this Article to establish a means for prompt adjustment of grievances. A grievance is defined as a dispute between the Union and the Company regarding the interpretation or application of the provisions of this agreement.

Article 4.2 Except for payroll adjustment, no grievances shall be filed or processed based on facts or events, or omissions within the employee's knowledge which have occurred more than ten (10) working days before such grievance is filed. Both parties agree to exert an earnest effort to settle such grievance promptly through the grievance resolution procedure set forth below.

Article 4.3 Grievance Resolution Procedure.

(a) Step 1. The employee involved and/or Chief Steward shall first confer (normally via teleconference) with the Program Manager in order to amicably settle the matter, provided the Chief Steward has been given an opportunity to be present. Any and all grievances shall be handled during normal working hours without any unnecessary interruption of work. If the dispute is not resolved amicably then the employee or Steward may file a grievance. Within five (5) work days after receipt of grievance, the Company shall provide a written answer to the affected employee or Steward.

(b) Step 2. If the grievance is not resolved at Step 1, it shall be reduced to writing. The written grievance shall contain a full statement of the grievance and the facts upon which it is based, the Agreement Article alleged to have been violated and the action, remedy or adjustment sought. The written grievance shall be submitted to the Company's Program Manager or his designee within five (5) work days of receipt of the Company’s response in Step 1. The Chief Steward and the Program Manager, or his designee, shall either meet in person or by telephone within seven (7) work days, in an attempt to resolve the issue. If the issue is not resolved, the Program Manager, or his designee, shall submit the Company’s answer to the issue within ten (10) working days after the conclusion of the Step 2 meeting to the Chief Steward.

(c) Step 3. If not settled/resolved at Step 2, the Union may submit the grievance to the Company's Program Director, or his designee, within five (5) working days. The Company's Program Director, or his designee, and the Union's Business Representative, or his designee, will meet in person or by telephone conference within ten (10) working days and attempt to resolve the grievance. If the grievance is not resolved, the Company’s Program Director, or his designee, shall submit a written answer to the Union within ten (10) work days from the conclusion of the Step 3 meeting.

(d) Step 4. Within ten (10) working days from receipt of the Company’s answer from the Step 3 meeting, the Union's Business Representative may submit the grievance to Arbitration by notifying the Company’s Director of Human Resources of its intent to do so. The Union will request the Federal Mediation and Conciliation Service to submit an arbitration panel of seven (7) names to each party. Each Arbitrator included on the panel must be a member of the National Academy of Arbitrators. Within seven days of receipt of the panel, the parties will engage in a process of alternating strikes of names on the panel until one name remains. The remaining arbitrator after alternating strikes will be the arbitrator.

The Union will notify the Arbitrator of his selection and will coordinate schedules between the Company, Arbitrator and Union. The Company and the Union will continue to attempt to resolve the grievance prior to arbitration.

(e) The arguments before the Arbitrator will be oral, written, or both. The Arbitrator shall not have the authority to add to, subtract from, modify, alter or change any of the terms of this Agreement. The Arbitrator's authority is to interpret and apply provisions of this Agreement. The Arbitrator shall be bound entirely by the records presented in the form of evidence presented at the hearing and the Agreement.

(f) The parties may file post-hearing briefs. The Arbitrator shall render his decision within thirty (30) days of the close of the hearing or receipt of the briefs.

The Arbitrator's decision shall be in writing. The award shall be delivered or mailed to each party.

(g) The decision of the Arbitrator shall be final and binding on all parties. The cost of the Arbitrator will be shared equally by the parties.

(h) In cases of cancellation, the party requesting cancellation shall pay all fees and costs of the Arbitrator. In cases where the cancellation is the result of a compromise settlement, fees of costs of the Arbitrator shall be shared equally by the parties.

(i) No more than one (1) grievance shall be submitted to the same Arbitrator unless there is more than one (1) grievance on the same issue.

(j) All time limits, in Step 2 and beyond, shall be strictly adhered to and may only be extended by mutual agreements of the parties. Failure of the grievant, the Union, or the Company to meet the time limits will terminate all proceedings and no further action may be taken. The determination of the grievance will be awarded to the timely party.

Article 4.4 Any monetary award shall be limited to the actual loss in contractual wages and benefits incurred by the grievant, less such other compensation, including wages, commissions, worker's compensation and unemployment compensation, as the grievant may have received or which may be due to the grievant for the designated award period.

In no event shall the Company be penalized or in any way be liable for any monetary award or grievance settlement prior to thirty (30) days preceding the date of the filing of the grievance.

ARTICLE 5

SENIORITY

Article 5.1 Probationary Employees.

(a) For the first ninety (90) days of employment, employees shall be considered to be on probation and without seniority. However, if a probationary employee is laid off and rehired within a period of time not in excess of the time he had previously spent as a probationary employee, he will be credited with the time previously worked toward the completion of his probationary period. Upon completion of his probationary period, his seniority date will then be established as of ninety (90) days prior to the completion date of his probationary period.

(b) During such ninety (90) day period, probationary employees may be laid off or terminated at the discretion of the Company. Such layoffs or terminations during the probationary period shall not be subject to the grievance and arbitration procedure.

Article 5.2 Establishment of Seniority. For the purposes of layoff and training, the “Bargaining Unit Seniority Date” of each employee, who, as of the effective date of this Agreement, is in the Bargaining Unit defined in Article 1.2, is listed in Appendix B. The Bargaining Unit Seniority Date of each employee, who, subsequent to the effective date of this Agreement, is hired, rehired or transferred into the Unit, shall be the effective date of such hire, rehire or transfer into this Unit at March ARB, CA.

(a) Employee benefits (e.g., PTO) shall be based upon the employee’s original date of hire in support of the Program set forth in Article 1.2. That original date of hire will be referred to as the “Benefit Eligibility Date.”

(b) Bargaining Unit Seniority Dates and Benefit Eligibility Dates of current employees are listed in Appendix B.

Article 5.3 Employees With Identical Seniority Dates. When two or more employees have the same bargaining unit seniority date, the employee with the lowest last four (4) digits of his social security number shall be considered as having the least seniority for tie breaking purposes.

Article 5.4 Accumulation of Seniority. Both Bargaining Unit Seniority and Benefit Eligibility Seniority shall accumulate to:

(a) Employees who are on the active payroll of the Company and in the Bargaining Unit defined in Article 1.2:

(b) Time spent on authorized leave of absence for Union business in accordance with Article 8;

(c) Time lost by reason of industrial injury, or industrial illness, not to exceed the time limits for layoff status provided in Article 5.4(f);

(d) Time spent on authorized leave of absence granted because of pregnancy or to cover periods of non-industrial injury or non-industrial illness, not to exceed 12 months during any such period;

(e) The first 30 days of any other authorized leave of absence;

(f) Time spent on layoff status for a period not to exceed eighteen (18) months, or for employees with less than one (1) year seniority, time spent on layoff status for a period not to exceed one (1) year.

Article 5.5 Loss of Seniority. An individual shall lose seniority rights, resulting in termination of employment, for the following reasons:

(a) Resignation;

(b) Retirement;

(c) Discharge for just cause;

(d) Being in layoff status for a period in excess of eighteen (18) months;

(e) While on leave of absence, engaging in other employment without prior written approval from the Company;

(f) Failure to report to work upon expiration of an approved leave of absence;

(g) Failure to report to work within seven (7) calendar days of receiving written notice of recall from layoff status (unless such period is extended by the Company);

(h) Absence from work for three (3) consecutive working days without prior notice to the Program Manager (either by telephone or written communication); and

(i) A final adjudication that the employee cannot obtain, renew or retain his required Security Clearance.

Article 5.6 Transfers To and From the Bargaining Unit.

Employees promoted to supervisory positions or transferring out of the Bargaining Unit shall retain their Bargaining Unit Seniority and Benefit Eligibility for six (6) months, but shall not accumulate additional seniority while they remain in positions outside the Bargaining Unit.

ARTICLE 6

WORKWEEK, HOURS OF WORK, SHIFTS

Article 6.1 Workweek.

(a) A five (5) day workweek shall consist of five (5) consecutive weekdays of eight (8) hours each and two (2) consecutive days off (also referred to as 5x8).

(b) A four (4) day workweek shall consist of four (4) consecutive weekdays of ten (10) hours each and three (3) consecutive days off (also referred to as 4x10).

(c) The beginning day of the work week schedules listed in paragraphs (a) and (b), as well as the work week schedule itself, shall be designated by the Company.

The Company and the Union may agree to a different pattern of days off.

(d) Workweeks that are anticipated to be solely at March ARB shall be scheduled as 4x10. Workweeks that are anticipated to be in the field and away from March ARB shall be scheduled as 5x8.

Article 6.2 Workday.

(a) The regular workday shall consist of the first (1st) regularly scheduled eight

(8) hours worked in a twenty-four (24) hour period {00:00 to 24:00}, for a five (5) day work week, or ten (10) hours worked in a twenty-four (24) hour period {00:00 to 24:00} for a four (4) day work week.

(b) The starting and stopping times for workdays will be designated by the Company. The Union will be notified concerning changes in normal workday hours prior to such change.

(c) The place of starting the workday’s work shall be at a location designated by the Company. The Company reserves the right to reassign employees to a different reporting location as job requirements dictate and agrees to give four (4) working days’ notice whenever possible.

ARTICLE 7

OVERTIME

Article 7.1 During a five (5) day workweek, one and one-half times (1.5x) times the base hourly rate shall be paid for the first four (4) hours worked in excess of eight (8) hours in any one day and for work performed in excess of forty (40) hours in any one assigned workweek. Two times (2x) the base hourly rate shall be paid for all hours worked in excess of twelve (12) hours in any one day.

Article 7.2 During a four (4) day workweek, one and one-half times (1.5x) times the base hourly rate shall be paid for the first two (2) hours worked in excess of ten (10) hours in any one (1) day or forty (40) hours in any one assigned workweek. Two times (2x) the base hourly rate shall be paid for all hours worked in excess of twelve (12) hours in any one (1) day.

Article 7.3 Overtime shall not be paid more than once for any hour worked and there shall be no pyramiding of overtime. Overtime will not be scheduled to make up for paid absences.

Article 7.3 The Company will attempt to meet its overtime requirements on a voluntary basis among the employees who normally perform the work on a straight time basis; however, in cases of selective overtime, new hires or rehires may be excluded for the first ninety (90) calendar days of their employment. In the event there are insufficient volunteers to meet the requirement, the supervisor may designate and require the necessary number of employees to work overtime and a reasonable effort will be made to equalize overtime among employees.

ARTICLE 8

LEAVES OF ABSENCE

Article 8.1 Limited unpaid personal leaves of absence may be granted by the Company upon request of employees. Such leaves shall be not more than thirty (30) calendar days. Requests for unpaid personal leave of absence must be made in writing and must receive approval by the Company.

Article 8.2 Leaves of absence for legitimate personal health reasons, supported by sufficient medical verification, will be granted to an employee in accordance with the Family Medical Leave Act and any applicable state law equivalent.

Article 8.3 Leaves of absence without pay for Union business, not to exceed two (2) weeks, will be granted to employees of the Company who are elected or appointed by the Union to attend such functions as conferences, conventions, and Union educational courses, provided at least thirty (30) work days advance notice is given in writing to the Company, if possible to do so. However, not more than one (1) employee may be on such leave at the same time and employees may not take such leave more than one (1) time each year of this Agreement (except that the Chief Steward may take such leave two (2) times each year of this Agreement).

Article 8.4 Any member of the Union elected or appointed to a full time Union position may, upon written request by the Union, be granted a leave of absence for Union activities up to a two (2)-year period. Employees on such leave shall continue to accrue seniority. Not more than one (1) employee shall be on such leave at the same time. If the employee's group insurance through the Company is to be continued, the Union or the employee shall be required to pay the full monthly insurance premium.

Article 8.5 Leaves of absence without pay in worker's compensation injury and occupational disease cases will be granted automatically for up to a twelve (12) month period of legal temporary disability. Seniority will accumulate for the full period of such leave.

Article 8.6 An employee who is called to and performs short term active duty of fifteen (15) work days or less, including active duty training as a member of the United States Armed Forces Reserves or National Guard, shall be paid the difference between the employee's military rate and the employee's working rate of pay for a period of up to fifteen (15) scheduled working days per calendar year. The employee must present a copy of the employee's order(s) to the Company as soon as they are received by the employee. Any time required for such leave beyond fifteen (15) working days will be considered leave without pay or, at the employee’s sole discretion, may be charged as PTO. Upon return from active short term duty, the employee must present pay vouchers so that the calculation of the difference in pay may be computed. The employee will be given a leave of absence for, and will accumulate seniority during such period of service.

Employees required to report for military training in excess of thirty (30) consecutive days or those called to active duty shall be reinstated in accordance with the Uniformed Service Employment and Reemployment Rights Act. The parties to this Agreement shall comply with current applicable state and federal legislation regarding military service.

Article 8.7 Bereavement leave with pay, not to exceed three (3) days, will be provided for full time Company employees when an employee loses time due to a funeral or interment of a member of their immediate family. Bereavement leave will be paid only upon request and with accompanying written particulars of the bereavement leave requested. Additional time off, if approved, will be considered leave without pay or, at the employee’s sole discretion, may be charged as PTO. Immediate family is defined as a parent, spouse, child, stepchild, foster child, brother or sister, grandparent, grandchild or spouse’s grandparents, parent-in-law, brother-in- law, or sister-in-law.

Article 8.8 Seniority shall continue to accumulate during approved leaves of absence.

When an employee has been granted a leave of absence for a specified period of time, it will be the employee's responsibility to request an extension of such leave prior to expiration if additional time is required. All such extensions must have prior Company approval.

Article 8.9 An employee on leave of absence will pay the full cost of all benefit premiums he elects to continue for up to three (3) months at which time an option to continue under COBRA will be extended. For medical leaves of absence covered under the FMLA, the employee will pay his portion while the Company will pay the Company portion of any premiums for up to three (3) months at which time an option to continue under COBRA will be extended.

Article 8.10 An employee on leave of absence for personal health reasons may return to work prior to or at expiration of such leave upon the written release of a licensed physician provided the employee is able to perform his assigned duties safely. Should the Company question the employee's capability to perform the assigned duties safely, the Company may have the employee examined by another physician, prior to returning the employee to work.

(a) While on leave of absence for personal health reasons, the employee shall notify the Company as to his/her potential of returning to work, except in those cases where the employee's physician has provided an expected date of return.

(b) An employee may be returned to restricted duty provided the Company is able to accommodate said restrictions.

Article 8.11 When leaves of absence are granted, the employee, upon return to active employment, and subject to Article 12, will be returned to his last held position, based upon seniority and qualifications, if same still exists, or a comparable position in accordance with his/her qualifications and seniority privileges, and applicable wage rate at the time of return to the active payroll.

Article 8.12 When an employee fails to return to work at the expiration of an approved leave of absence, the employee may be disciplined, up to and including discharge, at the option of the Company.

Article 8.13 No employee shall be permitted to work for another employer while on any leave of absence unless approved by the Company. Such employment by another employer, except for Union business, shall be grounds for immediate termination of employment.

ARTICLE 9

SAFETY

Article 9.1 Health and Safety. The Company will make reasonable provisions for the safety and health of employees. The Union shall have the right to confer with the Program Manager on matters pertaining to safety of the employees.

It is agreed by both parties that high standards of safety are to be maintained. No set of safety regulations, however, can comprehensively cover all possible unsafe working practices. Therefore, the Union and the Company undertake to promote in every practicable way the realization of the responsibility of the individual employee with regard to preventing accidents to himself or his fellow employees.

Article 9.2 Safety Devices. The Company will furnish proper and modern safety devices for employees working on unsafe and hazardous work.

Article 9.3 Requirement of Medical Examination. In the interest of continued safety of individuals and their fellow employees, any applicant for employment or any employee may be required through government regulations or by the Company to undergo a medical examination by a doctor of the government's or the Company's selection. If the diagnosis or examination results furnished by the Company doctor are not satisfactory to the employee, he may obtain an opinion from his own doctor. If a disagreement still exists, an additional doctor, mutually agreed upon by the Company and the Union, will be engaged for his analysis. If the mutually agreed upon doctor's diagnosis agrees with the employee's doctor, the Company shall only pay for the services of the mutually agreed upon doctor. The cost incurred for services of all other non-Company physicians shall be the sole responsibility of the employee who gave rise to the dispute.

ARTICLE 10

SEPARABILITY

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

ARTICLE 11

MISCELLANEOUS

Article 11.1 Teleconference. The Union and Company agree that any meetings required by this Agreement may be conducted by teleconference (or phone call).

Article 11.2 Sabotage. The Union agrees to report to the Company when it has knowledge of any acts of sabotage or damage to or the unauthorized or unlawful taking of Company, government, customer or any other person's or employee's property. The Union further agrees, if any such acts occur, to use its best efforts in assisting to identify the guilty person or persons and notify the Company of its investigation.

Article 11.3 Security Clearance. Nothing in this Agreement shall require the Company to employ or continue to employ or give access to any of its facilities or work locations, any person or persons to whom the cognizant security agency, in the interest of security against espionage or subversive activity, refuses to give access to classified information and/or work. However, the Company will give consideration to assigning an employee in his job title to an area for which he is qualified and a clearance is not required. Employees who cannot obtain, renew, or who lose, their security clearance, or who are denied access to the Program by the customer, may be placed on layoff status at the discretion of the Company. Upon obtaining or renewing his Security Clearance, the employee will return to his last job held. If an employee is unable to obtain, renew, or obtain reinstatement of, his Security Clearance within eighteen (18) months of denial, suspension or termination, the employee will be discharged in accordance with Article 5.5(i).

Article 11.4 Non-Discrimination.

(a) The Company and the Union agree to observe all applicable Federal and State laws regarding non-discrimination against any employee or applicant for employment because of race, color, religious creed, national origin, disability, veteran status, sexual orientation, age or sex, or any other category protected by applicable law.

(b) The Company agrees that it will not discriminate against any employee because of his membership in the Union.

Article 11.5 Successor and Assigns. To the extent required by law, this Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their successors and assigns; but in the event the Company ceases to perform on this USAF IRSTT Program at March ARB, the Company shall be released from all obligations under this Agreement

Article 11.6 Performance of Work. Non-Bargaining Unit employees will not perform the duties of employees in the Bargaining Unit, except that which was being performed at the time this Agreement was entered into, or in emergency situations, or for the purpose of instructing employees. Non-Bargaining Unit employees are not to perform any unit work solely to prevent a Unit employee from earning overtime. Due to the extremely small size of the Unit and the nature of the work, exceptions will be made for covering for employee use of PTO, Guard/Reserve duty, medical leaves of absence, military leaves of absence, and any other mutually agreed upon situations.

Article 11.7 Travel Reimbursement. The Company will furnish to the Union copies of the current Company policies relating to reimbursement of travel.

Article 11.8 Bargaining Unit Status Report. A seniority list will be provided to the Union upon request (requests not to exceed twice per calendar year). The report will include the following information:

(a) Employee name

(b) Last 4 digits of the employees Social Security Number

(c) Job Classification

(d) Bargaining unit seniority dates and benefit seniority dates

(e) Current Address

Article 11.9 Masculine/Feminine References. In construing and interpreting the language of this Agreement, reference to the masculine such as “he,” “him,” or “his” shall include reference to the feminine.

Article 11.10 Substance Abuse.

The Company abides by the provisions of the Drug-Free Workplace Act of 1988. As such, the Company prohibits the unlawful manufacture, distribution, dispensation, possession, or use of controlled substances (including alcohol) in the Company’s offices or in any other work area at which an employee is to perform work for the Company. Consumption of alcoholic beverages or illegal drug use during working hours, or reporting to work under the influence of alcohol or illegal drugs is prohibited.

To abide by the federal Drug-Free Workplace Act, employees are required to notify the Program Manager of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. Violations of the Drug-Free Workplace Act can result in immediate termination of employment and prosecution.

In accordance with Company Policy HR2005 – Substance Abuse Prevention Policy, incorporated and adopted herein by reference, the Company reserves the right to conduct drug/alcohol screening as part of its pre-employment process for job applicants as well as employees after a reported accident, following supervisory or employee observation (reasonable suspicion), extended leave or any other event that could reasonably be construed to involve possible drug/alcohol abuse. Refusal to consent shall result in termination of employment.

It is agreed the Local Union 821 may process any grievance resulting from the administration of this Article by the Company through the regular grievance procedure, and such grievance or grievances shall be settled upon the merits of the particular grievance.

Article 11.11 Tuition Assistance.

In accordance with Company Policy HR3201 – Tuition Assistance Program, incorporated and adopted herein by reference, employees shall be eligible to participate in the Company’s tuition assistance program on the same basis as all other Company employees.

Article 11.12 Notices. Any notices required to be sent or delivered pursuant to this Agreement (e.g., changes to an employee’s mailing address) shall be delivered to the following addresses:

DRS: Lisa Olden Senior Director, Human Resources 12930 Worldgate Drive, Suite 700 Herndon, VA 20170 Tel: (703) 896-7193

IAM: District Lodge 725

5402 Bolsa Avenue Huntington Beach, CA 92649 Tel: (800) 725-9588 Fax: (714) 892-3485

Article 11.13 Job Descriptions.

Job descriptions for the labor categories identified in Appendix A, which are part of this Agreement, will not be published in the Agreement in order to keep such documents confidential. The original documents will be negotiated within ninety (90) days of the signing of this Agreement and will be signed by both parties. Such documents will be made available upon request.

Article 11.14 Temporary Duty. While on temporary assignment in the field and away from March ARB, employees will be compensated for no less than eight (8) hours per workday.

ARTICLE 12

LAYOFF AND RECALL

Article 12.1 Layoffs. In effecting a reduction in force, probationary employees will be laid off first, followed by voluntary layoffs, followed by full time employees in reverse seniority order. Employees will be given a minimum of seven (7) calendar days’ notice, or pay in lieu, prior to the layoff being effective.

Article 12.2 Recall From Layoff. Employees will be recalled to work in order of seniority. The employees’ unpaid PTO balance at the time of the layoff will be reinstated at the time the employee is recalled.

Employees will be notified of recall in writing by certified mail directed to their last known address, with a copy to the Union. The employee will be required to report to work within seven (7) calendar days following receipt of the written notice. The employee must keep the Company properly informed of his address and phone numbers. Failure to be recalled is not subject to the grievance procedure if the employee has not kept the Company informed of his current address and phone number.

ARTICLE 13

JURY AND WITNESS DUTY

Article 13.1 Employees absent due to jury service shall be paid at their current rate of pay less any payment received from the court exclusive of transportation and meal cost.

This pay shall not exceed ten (10) days in any twelve (12) month period. To be eligible for jury duty pay, the employee must present a statement from a court official attesting to the date and times of such service and the fee or compensation paid by the court less transportation and meal cost. In no event shall such pay for time lost be made for jury duty performed on the employee’s regularly scheduled day off, holidays as defined herein or for hours in excess of eight (8) hours per regular work day or hours in excess of forty

(40) per week.

Article 13.2 An employee absent from work in order to comply with a subpoena as a witness in a federal or state court of law, will be paid for such lost hours at his current straight time base rate, including shift differential where applicable, up to a maximum of eight (8) hours per day, for each regular workday for which he is paid a daily witness fee.

Employees will be paid eight (8) hours witness duty and will be excused from their scheduled shift if they serve more than four (4) hours on the day so serving as a witness.

All other employees must report to work provided there are more than four (4) hours available on their shift either prior to their scheduled report time for witness duty or after their release from witness duty (two (2) hours of this time may be considered as travel/preparation time). Witness fees will not be deducted from such pay. An employee is not entitled to such pay under this Article 13.2 in circumstances where the employee

(1) is called as a witness against the Company or its interests; or (2) is called as a witness on his own behalf in an action in which he is a party; or (3) voluntarily seeks to testify as a witness; or (4) is a witness in a case arising from or related to his outside employment or outside business activities. The employee will furnish to the Company evidence satisfactory to the Company showing his attendance as a witness that meets the requirements of this Article 13.2.

ARTICLE 14

DISCHARGE AND DISCIPLINE

Article 14.1 The parties agree they will cooperate to foster a motivated and efficient workforce. Maintaining discipline is an essential element of this effort. It is agreed and understood by the parties that the concept of disciplinary action is to first correct the offending employee and all discipline imposed shall be consistent with the offense committed. The Company will retain the right to discipline employees by discharge, suspension, or other action. No disciplinary action will be taken without just cause.

Article 14.2 During an interview of an employee being conducted for the purpose of allowing the Company to determine whether that employee may be subject to discipline, the employee shall be advised of his right to Union representation. If requested by the employee, the Chief Steward shall be allowed to attend the interview. If the employee declines representation, he shall sign a waiver to that effect.

Article 14.3 Disciplinary action will normally follow a line of progression. Depending on the nature and severity of the offense, discipline can start at any point in the process and need not follow each step in succession. The normal course of progression is as follows:

1. Verbal Warning (documented)

2. Written Warning

3. Suspension

4. Discharge for cause

Article 14.4 Disciplinary action in any form imposed by the Company shall be subject to the grievance and arbitration procedure.

Article 14.5 Disciplinary records for an employee will be maintained in his personnel file. Verbal Warnings (documented) and Written Warnings will not be used for the purpose of progressive discipline beyond twelve (12) months from the date of issue.

Suspension notices will not be used for the purpose of progressive discipline beyond eighteen (18) months from the date of issue.

Article 14.6 Employees are subject to immediate discharge for engaging in serious misconduct, regardless of whether the employee has received any prior discipline or corrective action. Serious misconduct includes, but is not limited to, dishonesty, engaging in violent actions, insubordination, gross negligence in the performance of job duties, the possession, consumption, use or distribution of alcohol or controlled substances on the Company premises or while on duty, testing positive for drugs or alcohol pursuant to the Company’s Substance Abuse Policy, and willful violation of the Company’s rules of conduct or other policies and procedures.

Article 14.7 In all cases of discharge or suspension for just cause, the Company will notify the Chief Steward and meet with him. Consistent with appropriate policies and procedures, the Company will advise the Chief Steward of the reason the action is being taken. The Company or the Chief Steward may request to have the employee(s) present at the meeting, whenever practical. The Chief Steward will be given time to meet with the employee prior to meeting with the Company. The Company shall notify the assigned Chief Steward of all discharges or suspensions.

Article 14.8 Any Bargaining Unit employee that has any record of disciplinary action other than a Verbal Warning (documented), within the last 12 months, is ineligible for promotion or transfer.

ARTICLE 15

RATES OF PAY

Article 15.1 Rates of Pay. The base wage for employees covered by this Agreement shall be as noted in Appendix A.

Article 15.2 Effective Date of Rates of Pay. The effective date of the rates of pay noted in Appendix A shall be 19 January 2015.

Article 15.3 Paydays. Paydays for employees under this Agreement shall be on or before Friday of every second week, at which time they will be paid through the Friday of the preceding week, except when intervening circumstances beyond the Company's control make such practice impossible.

Article 15.4 Wage Payment Basis. Employees shall be paid for time worked computed to the nearest…