Langley_CBA_and_WD.pdf

COLLECTIVE BARGAINING

AGREEMENT

BETWEEN

THE BOEING COMPANY

and

BOEING DEFENSE SPACE & SECURITY

and

THE EAST COAST AIRCREW TRAINING GROUP

(East Coast ATG)

F-15/F-22 USAF Training

Langley AFB, Virginia

March 22, 2014

TABLE OF CONTENTS

ARTICLE TITLE PAGE

Preamble 3

1 Recognition 4 2 Rights of Management 4 3 Union and Company Relations 4 4 Grievance Procedure and Arbitration 6 5 Seniority 8 6 Workweek, Hours of Work, Shifts 9 7 Overtime 10 8 Leave of Absence 11 9 Safety 12

10 Separability 12 11 Miscellaneous 12 12 Workforce Administration 13 13 Jury and Witness Duty 14 14 Short-term Military Duty 14 15 Rates of Pay 15 16 Vacations 16 17 Bereavement Leave 19 18 Holidays 19 19 Group Benefits 20 20 Savings Plan 21 21 Duration 22

LETTERS OF UNDERSTANDING

#1 Relating to Drug and Alcohol Testing 23 #2 Sick Leave/Vacation Award Date 24 #3 Temporary Assignment 26

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COLLECTIVE BARGAINING AGREEMENT

BETWEEN

THE BOEING COMPANY

AND

BOEING DEFENSE SPACE & SECURITY

AND

THE EAST COAST AIRCREW TRAINING GROUP (East Coast ATG)

THIS AGREEMENT, dated as of March 22, 2014 by and between Boeing Defense Space and Security (hereinafter referred to as The Company) and The East Coast Aircrew Training Group (East Coast ATG) (hereinafter referred to as "the Union").

WITNESSETH that

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 covering wages, hours and other conditions 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

Section 1.1 Recognition. The Company recognizes The East Coast Aircrew Training Group, 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.

Section 1.2 Bargaining Unit. The Employer and the Union agree that the employees covered by this agreement shall consist of the following: designated employees of Boeing Defense, Space and Security at Langley Air Force Base, under F-15/F-22 United States Air Force Training Contracts FA8621-12-D-6270 and DRG0004ACCF-00, and its successor contracts and IDWAs/IWAs. Excluded from the unit are all, supervisors and managers, office clerical employees, professional employees and guards as defined by the National Labor Relations Act, and all other employees of Boeing Services Company or their parent organization, including those employees on contracts other than those identified above.

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ARTICLE 2

RIGHTS OF MANAGEMENT

The management of the company and the direction of the work force is vested exclusively in the company subject to the terms of this Agreement. All matters not specifically and expressly covered or treated by the language of this Agreement may be administered for its duration by the company in accordance with such policy or procedure as the company from time to time may determine. The company does have the right to subcontract work and designate the work to be performed by the company and the places where it is to be performed, which right shall not be subject to arbitration. The company agrees that no bargaining unit employees will be laid off as a direct result of subcontracting bargaining unit work.

ARTICLE 3

UNION AND COMPANY RELATIONS

Section 3.1 Union Activity During Working Time. Solicitation of Union membership, collection or checking of dues, will not be permitted during working hours. The Company agrees not to discriminate in any way against any employee for the filing of complaints or grievances or for Union activity. Any employee engaged in unsanctioned Union activity during working time, except as specifically allowed by the provisions of this Agreement, or by other agreement between the Company and the Union, is subject to disciplinary action.

Section 3.2 Strikes and Lockouts. The Union agrees that during the terms of this Agreement and regardless of whether an unfair labor practice is alleged (a) there will be no strike, slow-down, sit-down, or walk-out and (b) the Union will not directly or indirectly authorize, encourage or approve any refusal on the part of employees to proceed to the location or normal work assignment. Any employee who violates this clause shall be subject to discipline. The Company agrees that during the term of this Agreement there will be no lock-out of employees covered by this Agreement. Any claim by either party that the other has violated this Section 3.2 shall not be subject to the grievance procedure or arbitration provisions of this Agreement and either party shall have the right to submit such claim(s) to the courts.

Section 3.3 Union Payroll Deduction. It is agreed between the Company and the Union that any employee in the bargaining unit defined in Article 1 of this Agreement, who is or may hereafter become a member of the Union, may authorize the collection of Union dues by the signing of a payroll deduction form.

3.3(a) Collection of any back dues owed at the time of starting deductions for any employee and collection of dues missed because the employee's earnings were not sufficient to cover the payment of dues for a particular pay period will be the responsibility of the Union and will not be the subject of payroll deductions.

3.3(b) Deduction of membership dues shall be made in a flat sum provided there is a balance in the paycheck sufficient to cover the amount after all other deductions authorized by the employee or required by law have been satisfied. In the event of termination of employment, the obligation of the Company to collect dues shall not extend beyond the pay period in which the employee's last day of work occurs. Dues and other fees will only be collected from the first paycheck of the month, and the Company will not be responsible for any arrears or payments.

3.3(c) The Company shall issue all union payments such as union dues, initiation fees, etc. via an electronic funds transfer process only.

3.3(d) All dues increase or change letters must be received a minimum of thirty (30) days prior to implementation.

Section 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.

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Section 3.5 Shop Steward. The Union may select not to exceed, except by mutual agreement, one employee as a Shop Steward.

Section 3.6 Departure from Work Assignment by the Steward to Investigate Complaints or Claims of Grievance. The 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 in regard to such claim or grievance. The supervisor may be present during any discussion relating to any complaint or grievance. However, upon the request of an employee or the steward, the supervisor shall authorize the steward to participate in a private discussion with an employee relating to a complaint or grievance.

Section 3.7 Bulletin Boards. The Company will provide bulletin boards for the use of the Union at locations mutually agreed to. Their 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;

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

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

Section 3.8 Nothing in this Agreement is intended to abridge the right of a supervisor to privately discuss with any employee under his or her supervision topics pertinent to the workplace, including but not limited to, the employee's job performance.

Section 3.9 Joint Meetings. Should either party desire to discuss with the other any matter affecting generally the relationship of the parties, a meeting of Union and Management representatives shall be arranged upon request of either party. Such meeting 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 Section 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

Section 4.1 Establishment of Grievance and Arbitration Procedure. 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. Subject to the terms of this Article relating to cases of dismissal or suspension for cause or of involuntary resignation, only matters dealing with the interpretation or application of terms of this Agreement shall be subject to this grievance machinery.

Section 4.2 Employee Grievances. In the case of grievances on behalf of employees and subject to the further provisions of Section 4.3 below, relating to cases of layoff or dismissal or suspension for cause of involuntary resignation:

STEP 1. Oral Discussion. The employee first shall discuss his grievance with the Steward within 10 working days of the alleged infraction, and if the Steward considers the grievance to be valid then the employee and the Steward will contact the employee's supervisor and will attempt to effect a settlement of the complaint. This procedure, however, will not prevent an employee from contacting his supervisor if he so chooses. If the purpose of the employee's contacting his supervisor is to adjust the grievance, the Steward shall be given an opportunity to be present and such adjustment shall be in conformity with this Agreement.

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STEP 2. Written Grievance Handling at Company Representative Level. If no settlement is reached in Step 1, the steward may, within 10 days submit the written grievance to the Site Manager or the designated representative of the Company. After such submission, the designated representative of the Company and the steward, within the next ten (10) workdays, unless mutually extended, settle the grievance and, over their signatures, indicate the disposition made thereof.

Otherwise, promptly after the expiration of such ten (10) day period, or agreed extension thereof, the designated representative of the Company and the steward shall sign the grievance and their signatures will indicate that the grievance has been discussed and reconsidered by them and that no settlement has been reached.

STEP 3. Arbitration. If no settlement is reached in Step 3 within the specified or agreed time limits, then either party may in writing, within ten (10) workdays thereafter, request that the matter be submitted to an arbiter for a prompt hearing as hereinafter provided in Sections 4.6 to 4.7, inclusive.

Section 4.3 Dismissals, Suspensions, Layoff, etc. In cases of layoff or suspension for cause, or of involuntary resignation, the employee shall be given a copy of the layoff, suspension or termination of service slip, as the case may be, if he is available to be presented with such copy. If he is not available, copies of the slip will be sent to the employee. The employee shall have the right to appeal the action shown on the slip providing the Union files a written grievance with the designated representative of the Company within seven

(7) workdays after the date of layoff, dismissal, suspension, or involuntary resignation. The written grievance then may be processed through subsequent steps.

Section 4.4 Union Versus Company. Processing of grievances which the Union may have against the Company shall begin with step 2 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, and shall contain the following:

(a) Statement of the grievance setting forth the facts upon which the grievance is based.

(b) Reference to the section or sections of the Agreement alleged to have been violated.

(c) The correction sought.

The grievance shall be signed by the designated representative of the Union. If no settlement is reached within ten (10) workdays (unless mutually extended) from submission of the grievance to the designated representative of the Company, both shall sign the grievance and indicate that it has been discussed and reconsidered by them and that no settlement has been reached. Within ten (10) workdays thereafter the Union may in writing request that the matter be submitted to an arbiter for a prompt hearing as hereinafter provided in 4.6 to 4.7, inclusive.

Section 4.5 Retroactive Compensation. Grievance claims involving retroactive compensation shall be limited to thirty (30) calendar days; prior to the written submission of the grievance to Company representatives, provided, however, that this thirty (30) day limitation may be waived by mutual consent of the parties.

Section 4.6 Selection of Arbiter - From Federal Mediation and Conciliation Service. The parties shall jointly request the Federal Mediation and Conciliation Service to submit a panel of seven (7) arbiters. Such requests shall state the general nature of the case and ask that the nominees, be qualified to handle the type of case involved. When notification of the names of the panel of seven (7) arbiters is received, the parties in turn shall have the right to strike a name from the panel until only one name remains. The right to strike the first name shall be determined by lot. The remaining person shall be the arbiter.

Section 4.7 Arbitration - Rules of Procedure. Arbitration pursuant to Step 4 shall be conducted in accordance with the following

4.7(a) The arbiter shall hear and accept pertinent evidence submitted by both parties and be empowered to request such data as he deems pertinent to the grievance and shall render a decision in writing to both parties within thirty (30) days, unless mutually extended, after the completion of the hearing.

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4.7(b) The arbiter shall be authorized to rule and issue a decision in writing on the issue presented for arbitration which decision shall be final and binding on both parties.

4.7(c) The arbiter shall rule only on the basis of information presented in the hearing before him and shall refuse to receive any information after the hearing except when there is a mutual agreement, in the presence of both parties.

4.7(d) Each party to the proceedings may call such witnesses as may be necessary in the order in which their testimony is to be heard. Such testimony shall be limited to the matters set forth in the written statement of grievance. The arguments of the parties may be supported by oral comment and rebuttal. Either or both parties may submit written briefs with a time period mutually agreed upon.

Such arguments of the parties, whether oral or written, shall be confined to and directed at the matters set forth in the grievance.

4.7(e) Each party shall pay any compensation and expenses relating to its own witnesses or representatives.

4.7(f) The Union or the Company, whichever is ruled against by the arbiter, shall pay the compensation of the arbiter including his necessary expenses.

4.7(g) The total cost of the stenographic record (if requested) will be paid by the party requesting it.

If the other party also requests a copy, that party will pay one half of the stenographic costs.

Section 4.8 Extension of Time Limits by Agreement. Time limits designated in this Article for processing grievances and for bringing a matter to arbitration may only be extended by mutual written consent.

Section 4.9 Agreement Not to be Altered. In arriving at any settlement or decision under the provisions of this Article, neither the parties nor the arbiter shall have the authority to alter this Agreement in whole or in part.

Section 4.10 Conference During Working Hours. All conferences resulting from the application of provisions contained in this Article shall be held during working hours.

Section 4.11 Signing Grievance Does Not Concede Arbitable Issue. The signing of any grievance by any employee or representative either of the Company or of the Union shall not be construed by either party as a concession or agreement that the grievance constitutes an arbitable issue or is properly subject to the grievance machinery under the terms of this Article.

ARTICLE 5

SENIORITY

Section 5.1 Purpose and Definition. Both parties hereto agree that continued service over a period of time should, and in most cases does, increase the worth of an employee to his employer, and that length of service should receive recognition in case of promotion, and therefore agree:

That the principle of seniority, where qualifications, productivity and dependability are substantially equal, shall be the determining factor and shall apply upon a company-wide basis in accordance with the specific application provisions of this agreement.

Section 5.2 Probationary Employees.

5.2(a) For the first ninety (90) days of employment, employees shall be considered as 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 the 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.

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5.2(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.

Section 5.3 Establishment of Seniority. The seniority date of each employee, who, as of the effective date of this agreement, is in the unit defined in Article 1, on authorized leave of absence from the unit, or acting in a supervisory capacity over employees in the unit, shall be in conformance with the date carried on the Company's records, and agreed on the date of ratification. The 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.

Section 5.4 Employees With Identical Seniority Dates. When two or more employees have the same seniority date as herein provided, the employee having the lowest number (the last four (4) digits of one's social security number) shall be considered as having the least seniority for tie breaking purposes.

Section 5.5 Accumulation Seniority. Seniority shall accumulate to:

5.5(a) Employees who are on the active payroll of the Company and in the bargaining unit defined in Article 1 of this Agreement:

5.5(b) Employees who are promoted to non-represented positions supervising bargaining unit employees, shall retain and continue to accumulate seniority while they remain in such supervisory position;

5.5(c) Employees while on active military service and reinstated in compliance with applicable law;

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

5.5(e) Time lost by reason of industrial injury, or industrial illness not to exceed the time limits on layoff statue provided in 5.5(h);

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

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

5.5(h) Time spent on layoff for a period not to exceed (3) years, or for employees with less than one

(1) year seniority, time spent on layoff for a period not to exceed one (1) year;

Section 5.6 Loss of Seniority. An individual shall lose seniority rights for the following reasons:

5.6(a) Resignation. In addition to normal resignations, an individual who, while on leave of absence, engages in other employment without prior written approval by the Company, or fails to report for work or to obtain renewal of his leave on or before its expiration, will be considered as having resigned;

5.6(b) Discharge for cause;

5.6(c) Failure to respond with an acceptance within three (3) working days after receipt of a recall from layoff notice by certified mail (unless such period is extended by the Company);

5.6(d) Failure to report for work within fourteen (14) calendar days after acceptance or on such later date as may be designated by the Company;

5.6(e) Failure to keep the company advised of any changes in current mailing address, while on layoff.

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5.6(f) Layoff for a period in excess of three (3) years (or for employees with-less than one (1) year seniority, layoff in excess of one (1) year);

5.6(g) Retirement;

5.6(h) Absence in excess of three (3) consecutive working days, or failure to return for leave of absence within three work days, without notification shall constitute RESIGNATION as in 5.6(a) above, unless satisfactory evidence of inability to report for work is shown.

Section 5.7 Transfers To and From the Bargaining Unit.

5.7(a) The Company may transfer or promote employees covered by this Agreement to supervisory positions.

5.7(b) Employees transferring to salaried positions other than that described in Section 5.5(b), shall retain their bargaining unit seniority but shall not accumulate additional seniority while they remain in such salaried positions.

5.7(c) The Company at any time may transfer or demote to positions within this unit those employees who have accumulated or are accumulating seniority under Section 5.3 of this Article 5.

Such transfers or demotions may be made subject only to the job return rights of others to the extent provided in Article 12.

ARTICLE 6

WORKWEEK, HOURS OF WORK, SHIFTS

Section 6.1 Workweek: The purpose of this Article is to define the normal hours of work, but nothing in this Agreement shall be construed as a guarantee of specified numbers of hours of work either per day or per week. The pay period shall consist of a period of seven (7) consecutive twenty-four (24) hour periods.

The normal work week shall be a minimum of forty (40) hours consisting of five (5) days of eight (8) hours per day, Monday through Friday. Each employee will be assigned to a shift with designated times for beginning and ending. The first, second, and third shifts each shall be eight hour and thirty minute periods which shall include a thirty minute unpaid lunch period

Normal shifts are:

First Shift Beginning at or after 4:00 a.m. but before 12:00 p.m.

Second Shift Beginning at or after 12:00 p.m. but before 8:00 p.m.

Third Shift Beginning at or after 8:00 p.m. but before 4:00 a.m.

Determination of starting time and hours of work, shall be made by the Company and such schedules may be changed from time to time to suit varying conditions of business. The Company will provide as much advance notice to the employees as possible. Employees posted shifts shall not be changed to avoid the payment of overtime. This Section is not subject to Article 4.

Section 6.2 Shifts; Lunch Periods. Employees will be allowed one scheduled fifteen (15) minute rest period before and one fifteen (15) minute rest period after lunch in each complete scheduled work day, the time will be established by the Company. Determination of starting time and hours of work shall be made by the Company and such schedules may be changed from time to time to suit varying conditions of business.

Section 6.3 Employees shall work up to the start of the rest and lunch periods and be at their place of work at the end of their rest and lunch periods. Depending on operations and schedules, employees may be required to work through their rest and/or lunch periods and take them at a later or earlier time during the shift.

Section 6.4 The Company may, providing there are no employees on active layoff status in the classification, to accommodate schedule requirements, hire employees specifically to work a daily or weekly work schedule which is less than the current regular normal workday or workweek.

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Section 6.5 Non Standard Work Week. It is agreed that the company may schedule employees to work a non-standard work schedule consisting of shifts of longer duration than those specified, work weeks of less than five full consecutive days, or non-consecutive days off, for a total work week of 40 hours. By way of illustration, but not in limitation, a non-standard work schedule could be four 10-hour days.

ARTICLE 7

OVERTIME

Section 7.1 Overtime. In order for the Company to meet its support obligations, certain employees from time to time will be required to work overtime as well as shift work during the week, on holidays and weekends. When it becomes necessary to schedule overtime, it will first be offered to qualified employees on a voluntary basis within the work group/work area where the overtime requirement exists. The Company will attempt to equalize overtime among those qualified employees. If management fails to obtain a sufficient number of volunteers to meet the overtime requirement(s), then qualified employees may be directed to work the necessary overtime within the work group/work area where the overtime requirement exists, in reverse seniority order The Company will provide as much advance notice of overtime requirements as possible.

Section 7.2 Overtime shall be paid at one and one-half (1.5) times an employee’s base rate, plus shift differential and lead pay if applicable for all hours worked in excess of forty (40) compensated hours in the workweek, including Saturday and Sunday. All compensated hours shall be credited as hours worked for the purpose of overtime calculation.

Section 7.3 Worked Holiday. Employees who are required to work on a holiday identified in Article 18 shall receive the pay due them for the holidays plus double their base rate for all hours worked on such holiday, plus shift differential, if applicable, unless the employee starts to work at 10:30 p.m., or thereafter on that day.

Section 7.4 Wage Payment Basis. Employees shall be paid for time worked computed to the nearest one-tenth hour.

Section 7.5 There shall be no pyramiding of overtime and/or other premium payments. No overtime shall be worked except by direction of the Company’s appropriate management.

Section 7.6 In any dispute regarding any claim that an employee was not given an opportunity to work overtime, the only award, if any, will be that the employee shall be provided an opportunity to work such overtime at the next overtime opportunity.

ARTICLE 8

LEAVE OF ABSENCE

Section 8.1 Authorized Leaves of Absence (not to exceed 30 months). For the time period indicated in each instance, leaves of absence (without pay except to the extent vacation credit or sick leave credit can be used and is used under and in accordance with Articles 16 and 17) shall be granted to an employee on the active payroll:

8.1(a) In case of accident or illness, for the period of time the injury or illness requires that the employee be absent from work. The Company may require satisfactory proof of such injury or illness.

8.1(b) In pregnancy cases, upon request of the employee or at such time as leave shall be mandatory under any applicable law.

8.1(c) For the period of time necessary to serve in the Armed Forces of the United States.

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8.1(d) The Company may grant leaves of absence without pay for other reasons that the Company considers valid. Should the request for Leave of Absence be rejected by the Company, the reason will be discussed with the employee.

8.1(e) Requests for leaves of absence must be made in writing to the Company and specify the reason for the absence.

Section 8.2 Return from Leave of Absence. An employee who applies for return from leave of absence on or before the expiration date of his leave will be returned in accordance with the following:

8.2(a) When an employee returns from a leave of absence that was granted due to industrial injury or industrial illness and is medically able to perform the job which was last held, 8.2(a)(1) The employee will be returned to that job if this does not conflict with Article 12, 8.2(a)(2) If this does conflict with Article 12, the employee will be considered for any job that he is qualified and able to perform, or (if a surplus occurred that would have affected him during such leave) be subjected to surplusing procedures with Article 12.

8.2(b) When an employee returns from a leave of absence described in paragraph 8.2(a) and is not able to perform the job last held due to medical limitation, he will be considered for any job that he is qualified and able to perform, or (if a surplus occurred that would have affected him during such leave) be subjected to surplusing procedures, all in accordance with Article 12

8.2(c) When an employee returns from a leave of absence that was granted due to non-industrial injury or illness, and the period of the leave has not exceeded one year, and the employee is able to perform the job last held, the steps and procedures of subparagraphs 8.2(a)(1) and 8.2(a)(2), limitation will apply.

8.2(d) When an employee returns from a leave of absence described in paragraph 8.2(c) and is medically not able to perform the job which he last held due to medical limitation, he will be considered for any job which he is qualified and able to perform; otherwise, he may be placed on layoff, in accordance with Article 12.

8.2(e) If leave was granted due to non industrial injury or illness and the period of leave is in excess of one year, the employee may be returned to the job title / classification last held providing there is an opening in such job title and placement in such opening is not inconsistent with Article 12;

otherwise, he may be placed on layoff.

8.2(f) If leave was granted for military service, the provisions of applicable laws shall apply.

8.2(g) If leave, irrespective of length, was granted for any reason other than those stated in paragraphs 8.2(a) to 8.2(f) inclusive, the employee will be returned to the job title last held providing there is an opening in such job title and placement in such opening is not inconsistent with Article 12;

otherwise, the employee may be placed on layoff.

ARTICLE 9

SAFETY

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

Section 9.2 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 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

Langley AFB ECATG MARCH 2014 Page 12 agreed upon by the Company and the Union, will be retained for his opinion. The Company shall 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.

The Company and the Union shall meet as soon as possible after the enactment of such legislation or decree to reestablish compliance.

ARTICLE 11

MISCELLANEOUS

Section 11.1 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.

Section 11.2 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.

Section 11.3 Non-Discrimination. All terms and conditions of employment included in this Agreement shall be administered and applied without regard to race, color, religion, national origin, status as a disabled or Vietnam era veteran, age, sex, or the presence of a handicap except in those instances where age, sex or the absence of a handicap may constitute a bona ride occupational qualification. If administration and application of the contract is not in contravention of Federal laws, such administration shall not be considered discrimination under this Section 11.3.

Notwithstanding any other provision of Section 11.3 of this Agreement, a grievance alleging a violation of this Section 11.3 shall be subject to the grievance procedure and arbitration of Article 4 only if it is filed on behalf of and pertains to a single employee. Class grievances based on alleged violation of this Section 11.3 shall not be subject to the grievance procedure and arbitration under this Agreement.

Section 11.4 Successor and Assigns. 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 the contract as identified in Article 1, the Company shall be released from all obligations on the project(s) so affected under this Agreement.

Section 11.5 Performance of Work. The present practice of supervisors performing bargaining unit work will continue. It is further agreed that this provision is not intended to displace any full time bargaining unit employee.

Section 11.6 Travel Reimbursement. The Company will furnish, to the Union, copies of presently published Company policies relating to reimbursement of travel.

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Section 11.7 Bargaining Unit Status Report. A seniority list will be provided to the Union Steward at each location and District Offices as designated by the Union, semi annually or upon request.. The report will include the following information:

(a) Employee name

(b) BEMS Identification Number

(c) Job number and title

(d) Seniority date

(e) Employee’s on active layoff

Section 11.8 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.

Section 11.9 The company will continue it’s present practice of providing apparel and required safety equipment for employees.

ARTICLE 12

WORK FORCE ADMINISTRATION

Section 12.1 Surplus Action.

12.1(a) In effecting a reduction in force within a job classification, the following procedure shall be followed. The first selection would be probationary employees, followed by voluntary layoff in the classification, followed by full time employees in the classification in reverse seniority order subject to the use of retentions as defined in Section 12.2.

12.1(b) Affected full time employees referenced in 12.1(a), will be offered a lateral or lower job classification providing they have the required qualifications and certifications on the date of the surplus notification for that job if their seniority permits.

Section 12.2 Retention. A retention is the retaining, in a job classification in which the surplus has been declared by the Company, of an individual whose seniority position would have caused him to have been surplused while some other employee or employees with greater seniority are surplused. In each instance, the retained employee will be designated, at the time the retention is used, to be retained in the job classification rather than to have him affected by the surplus action.

12.2(a) The allowable number of retentions applicable shall not exceed five bargaining unit employees.

12.2(b) The Company's use of retentions in the number allowed or the surpluses resulting from the application and use of such retentions shall not be subject to challenge or to grievance procedure.

Section 12.3 Recall From Layoff. Employees who are on active layoff status from job classifications having job openings will be recalled in order of seniority providing they have the required qualifications and security clearances and are eligible for re-certification for that job.

12.3(a) Employees will be notified of recall in writing by certified mail to their last known address on the Company’s records, with a copy to the Union, and the employee will be required to report to work within fourteen (14) calendar days following receipt of the written notice. Failure to do so will result in automatic loss of seniority and the employee will be terminated. It is the sole responsibility of the employee to keep the Company properly informed of his/her address and telephone number.

Section 12.4 Temporary Layoffs. When the Company determines it is necessary to reduce the number of employees working within a job classification, employees may be temporarily laid-off for not more than 30 calendar days. The Company agrees that the union will be notified when possible in advance.

Section 12.5 Temporary Assignment. The Company may temporarily assign employees to perform work assignments described for other job classifications.

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Section 12.6 The parties agree that the Company maintains the right to assign employees on a temporary basis to assignments at another location.

ARTICLE 13

JURY AND WITNESS DUTY

Section 13.1 An employee absent from work due to required jury duty 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 hours per day, for each regular workday the governmental body that summoned the employee for jury duty pays the employee. Employees will be paid eight (8) hours jury duty pay and will be excused from their scheduled shift if they serve more than four (4) hours on the day so assigned as a juror. All other employees must report for work provided there are more than four (4) hours available on their shift either prior to their scheduled report time for jury duty or after their release from jury duty (two (2) hours of this time will be considered as travel preparation time). Second and third shift employees summoned to jury duty will be temporarily assigned to first shift on a weekly basis during the time required to serve. Fees received for jury duty will not be deducted from such pay. The employee will furnish to the Company evidence satisfactory to the Company showing the performance of jury duty that meets the requirements of this Section 13.1

Section 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 Section 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 Section 13.2.

ARTICLE 14

SHORT-TERM MILITARY DUTY

An employee who is a member of a reserve component of the Armed Forces, who is required to enter active annual training duty or temporary special services, shall be paid his normal straight time earnings, including differentials where applicable, up to a maximum of ten workdays each United States Government fiscal year.

The amount due the employee under this Article shall be reduced by the amount received from the government body identified with such training duty or services, for the period of such duty (up to the maximum period mentioned above). Such items as subsistence (does not include allowance for quarters), uniform and travel allowance shall not be included in determining pay received from state or federal government.

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ARTICLE 15

RATES OF PAY

Section 15.1 Base Rate Structure.

CBA JOB TITLE CURRENT

RATE

OCTOBER

OCTOBER

OCTOBER

Basic Level Instructor $47.07 $48.25 $49.46 $50.94

Fully Qualified Instructor $49.24 $50.47 $51.73 $53.28

Simulator Technician III $34.79 $35.66 $35.66

+$2,300 LSWP

$35.66

+$3,000 LSWP

Simulator Technician II $30.88 $31.65 $31.65

+$2,000 LSWP

$31.65

+$2,700 LSWP

Resource Scheduler $26.24 $26.90 $26.90

+$1,700 LSWP

$26.90

+$2,300 LSWP

Section 15.2 Lump Sum in Lieu of General Wage Increase. Any lump sum wage payments included in this Collective Bargaining Agreement are in lieu of general wage increases. To be eligible to receive a lump sum payment under this Section, employees must be on the active payroll or on approved leave of absence for ninety (90) days or less on the effective date of the lump sum payment. Employees who are temporarily assigned to a different site shall receive lump sum payments subject to all the provisions herein and based on their regular classification at their home site, not in the classification or site they are temporarily assigned

to. Payment will be made within 30 calendar days.

Section 15.3 Reassignments. When an employee is downgraded for any reason their hourly rate will be reduced to the hourly rate of the employee's classification.

Section 15.4 Shift Differential. When an employee is assigned to the second shift, he shall receive a shift differential of fifty (50) cents per hour. When an employee is assigned to the third shift he shall receive a shift differential of seventy-five (75) cents per hour.

Section 15.5 Paydays. For employees working in states where mandatory direct deposit is permitted by law, paychecks will be delivered via direct deposit on Thursday of every second week, covering all wages, including overtime, earned through Thursday of the preceding week, except when other circumstances intervening beyond the Company’s control make such practice impossible. For employees working in other states, paychecks shall be delivered on or before Thursday of every second week, or placed in the U.S. mail on or before Tuesday of every second week, covering wages, including overtime, earned through Thursday of the preceding week, except when holidays or circumstances intervening beyond the Company's control make such practice impossible.

Section 15.6 Report Time/Call-In Time. If an employee reports for work in accordance with instructions he shall receive a minimum of four (4) hours pay at his base rate. Report time will not apply in case of emergency shut down arising out of any condition beyond the Company's control. An employee who leaves work of his/her own volition, or because of incapacity (other than industrial injury), or is discharged or suspended after beginning work, will be paid only for the number of hours actually worked during that day.

An employee that leaves work because of incapacity due to industrial injury will be paid eight hours pay at this base rate.

Section 15.7 The decision to apply a pay additive shall be at the sole discretion of the company and such rights shall not be subject to the grievance. An employee assigned in writing by the company for a period of

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40 consecutive hours to any of the additives shall be paid a premium as identified below. An employee will be paid either a lead or site lead technician additive but not both.

Program Support Additives

Lead $2

QCR $2

Scenario Generation/F-22 Map $2 Site Lead Technician $3

Section 15.8 Effective Date of Increases. The actual date of all increases as identified in this section will be the beginning of the first pay period following the effective date of change.

ARTICLE 16

VACATIONS

Section 16.1 General. It is believed that a reasonable period of time away from the job is conducive to good health and well-being and can have a refreshing effect that is to the advantage of the Company as well as employees. Accordingly, it is management's responsibility to give each eligible employee the opportunity to take a vacation each year. Every effort will be made to ensure that employees use all their vacation credits for time off within the period of time available to them.

Section 16.2 Accumulation of Credits.

16.2(a) Vacation Accrual Schedule

16.2(b) A prorated weekly award of vacation credits are made to employees at the completion of each pay week in accordance with the schedule as listed in 16.2(a) of this Article. Credit will be given for the employee's total length of service which is continuous with the Company, and other predecessor contractors who performed similar work, and was determined to be a predecessor to the Company under the Service Contract Act.

16.2(c) Full time employees are provided an immediate award of one half of eligible vacation hours upon hire or rehire, with normal accrual beginning in the seventh month.

16.2(d) Vacation credits will accumulate in an employee’s vacation account up to a maximum of two times their current accrual rate. No additional vacation credits will be awarded until the number of credits in the account drops below this maximum.

16.2(e) Vacation credits will not be awarded during period on layoff, strike, or after the first ninety

(90) calendar days of a leave of absence. Such absence during a service year will reduce the vacation credit granted at the beginning of an employee's next vacation award. The reduction will be in proportion of 1/365th for each day of absence, rounded to the nearest one-tenth hour, of the hours applicable to the employee per the vacation schedule in paragraph 16.2(a) of this Article.

Section 16.3 Use of Vacation Credits An employees shall use their unused vacation credit accumulated as vacation with pay at the rate, including pay additives, in effect at the time their vacation begins, subject to the following conditions:

16.3 (a) Use of Vacation Credits for Scheduled Vacations

Years of Service

Annual Vacation

0 – 4 years 10 days 5 – 14 years 15 days 15 or more years 20 days

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16.3(a)1 Employees shall request vacation dates to their manager and the Company will endeavor to schedule his vacation as requested.

16.3(a)2 In instances where Company management believes the awarding of vacations as requested would interfere seriously with production requirements, the scheduling of vacations shall be as near to the dates requested as possible.

16.3(a)3 In scheduling vacations, the Company will attempt to meet its production requirements by use of employees on a voluntary basis, and, failing in this, the seniors will be given their preference of available vacation dates to the extent established vacation schedules will permit.

16.3(a)4 There will be no pay-in-lieu of time off for vacation. The intent of this provision is to cause each employee to use the vacation credits awarded for time off.

16.3(b) Use of Vacation Credits for Personal Issues Vacation credits may be used, with management approval, for the following personal issues

16.3(b)1 Illness of employee.

16.3(b)2 Illness or death in the immediate family, i.e., spouse, mother, father, step-mother, step-father, mother-in-law, father-in-law, children, step-children, brother, sister, son-in-law, daughter-in-law, grandparents, and grandchildren.

16.3(b)3 Medical or dental appointments which can only be arranged during working hours.

(Employees should be encouraged to…