Atch_2_Ref_GLS-CCS_AF_Contract_CBA_20150903.pdf

AGREEMENT

BETWEEN

GLS-CAMBRIDGE, JV

And

LOCAL UNION 2088

INTERNATIONAL BROTHERHOOD

OF ELECTRICAL WORKERS

PUERTO RICO BARGAINING AGREEMENT

Air Force Contract (FA4890-08-C-0011)

1 OCTOBER 2015

THROUGH

30 SEPTEMBER 2018

TABLE OF CONTENTS

COLLECTIVE BARGAINING AGREEMENT

PREAMBLE

ARTICLE I

RECOGNITION

ARTICLE II

RECOGNITION OF RIGHTS

ARTICLE III

UNION SECURITY

ARTICLE IV

GENERAL PAY PROVISIONS

ARTICLE V

HOURS AND OVERTIME

ARTICLE VI

VACATIONS AND HOLIDAYS

ARTICLE VII

SENIORITY

ARTICLE VIII

PAYMENT FOR ABSENCE

ARTICLE IX

LEAVES OF ABSENCE

ARTICLE X

GOVERNMENT SECURITY

ARTICLE XI

SAFETY, HEALTH , INSURANCE AND RETIREMENT PLAN

ARTICLE XII

COMPLAINT AND GRIEVANCE PROCEDURE

ARTICLE XIII

GENERAL PROVISIONS

i ii

ARTICLE XIV

TERM AND NOTICE OF CHANGE OR TERMINATION

SCHEDULE A

HOURLY RATES

SCHEDULE B

HEALTH INSURANCE

COLLECTIVE BARGAINING AGREEMENT

This AGREEMENT, entered into this 1 October 2015, by and between GLS-Cambridge, JV.

Hereinafter called "the Company", and Local 2088, International Brotherhood of Electrical Workers, (AFL-CIO), hereinafter collectively referred to as "Union", with respect to employees represented by the Union. It is understood that GLS-Cambridge, JV is a Joint Venture between GLS Associates, Inc. and Cambridge Communication Systems, Inc. It is understood that GLS PR, Inc. is a wholly owned subsidiary of GLS Associates, Inc. It is understood that Cambridge PR, Inc. is a wholly owned subsidiary of Cambridge Communication Systems, Inc.

PREAMBLE

It is the intent and purpose of the Company and Union to set forth herein the entire agreement with respect to wages, hours, and working conditions as related to the Government contract covered by this agreement.

Further it is the intent of the parties to secure maximum efficiency of the operation and safety of the employees, that operations must be uninterrupted and duties faithfully performed in order for the Company and its employees to fulfill their mutual and vital responsibilities to both the public and Government; and that the business of the Company must be operated with economy and efficiency with due regard to competitive conditions.

It is recognized by the Company and the Union that they have a common interest in creating the most harmonious relationship within the Company and in the correction of conditions making for grievances and misunderstandings. It is through close cooperation on the parts of management and the union, both individually and collectively, that these objectives will be obtained and every effort will be made by the Company and the Union to accomplish these ends.

ARTICLE I

RECOGNITION

SECTION 1.01 EXCLUSIVE REPRESENTATION

Pursuant to the National Labor Relations Board Certification in Case No. 24-RC5919, the Company recognizes the Union as the sole and exclusive collective bargaining agent with regard to hours of work, rates of pay, salaries and other terms and conditions of employment, for all Bargaining Unit employees, including leaders, employed by the Employer at its High Frequency Global Communication System (HFGCS) Puerto Rico Station (PRS), which encompasses sites at Isabela and Salinas, Puerto Rico., but excluding all engineering, office clerical and professional employees, guards, part-time supplemental staff and supervisors as defined in the National Labor Management Relations Act as amended.

SECTION 1.02 BARGAINING UNIT

The employer and the Union agree that the employees covered by this agreement shall consist of the following: All full time allocated employees employed by Cambridge Communication Systems of Puerto Rico, Inc performing under U.S. Government contract FA4890-08-C-0011 at it’s High Frequency Global Communication System (HFGCS) Puerto Rico Station (PRS), which encompasses sites at Isabela and Salinas, Puerto Rico., excluding all engineering, office clerical and professional employees, guards, part-time supplemental staff and supervisors as defined in the National Labor Management Relations Act as amended.

All work presently performed by job titles covered by this Agreement shall continue to be performed by those job titles unless the parties mutually agree otherwise. Additional or new work awarded to the Company under contract FA4890-08-C-0011, and involving the performance of tasks requiring full time employees with skills similar to those of the employees in the classifications listed in Schedule A or the performance of work in conjunction with and/or in the proximity of such employees shall automatically be included in the unit for which the Union is recognized. If required, the parties will promptly meet to negotiate any necessary adjustments of this Agreement for such new or additional work.

SECTION 1.03 WORK COVERED

Non-bargaining unit employees will not perform the work exclusively performed by bargaining unit employees except for purposes of instruction, systems evaluation, systems validation, certificates of certification or emergency conditions endangering personnel, property or operations requirements, or for the adequate maintenance of the efficiency of the Company, as long as the employment and customary hours of the work of the employees covered by this Collective Bargaining Agreement are not diminished below the normal 40 hour week.

Section 1.04 - Period of Agreement

A. This Agreement shall remain in full force and effect from Oct 01, 2015, until Midnight, September 30, 2018, and thereafter from year to year until modified, amended or terminated as hereinafter provided. Notice to modify or amend this Agreement will be given not less than sixty (60) days and not more than seventy-five (75) days, prior to 12:01 a.m. September 30, 2018, and during a like period of any subsequent year that this Agreement remains in effect. Either party may give to the other written notice of desire for modification(s) or amendments. The parties agree to exchange proposals for modification or amendment within fifteen (15) days after the giving of such notice. In the event of a failure of the parties to reach an agreement upon such modifications or amendments by midnight September 30, 2018, or midnight September 30 of any subsequent yearly period for which this Agreement remains in full force and effect, either the Company or the Union may terminate the Agreement upon five (5) days written notice to the other. The parties may mutually agree to extend this Agreement for a specific period of time for further negotiations.

B. In the event of instructions from the Federal Government to alter or change the working schedule now in effect, the Company may, upon fifteen (15) days written notice, reopen negotiations with the Union to the end of amending such Sections of this Agreement as pertain to hours of work and/or overtime payment for the sole purpose of considering objectives desired by the Government.

C. The Company’s current contract with the Federal Government, the Air Force Contract (FA4890-08-C-011) contract, will expire during the term of this Agreement and the work covered under this collective bargaining agreement will be re-issued for competitive bid under applicable governmental regulations for a RFP. The Company intends to submit a proposal for follow on work and, if it is awarded a new contract or subcontract by the Federal Government or their prime contractor, this Agreement will continue in effect for the remainder of the term. However, the parties agree to re-open this Agreement by meeting within forty-five (45) days of the announcement of the award only for such additional negotiations as may be needed to conform to the requirements of such new federal contract for services; and only to the extent necessary to address and to resolve the impact of any resulting changes on the bargaining unit. This shall not authorize re-opening the entire contract for negotiating any area not reasonably required in order to implement the new contract awarded. In the event of disagreement, either party may submit the issue of whether the subject area of a proposed change is reasonably required by the award to be re-negotiated to expedited arbitration. In such event, the parties agree to select an arbitrator within 7 calendar days of receipt of a panel from the Federal Mediation and Conciliation Service and to schedule a hearing on the issue within 20 calendar days of selecting an arbitrator. Otherwise, any request for expedited arbitration will be governed by the Expedited Arbitration Policy and Procedures of the FMCS. The arbitrator’s authority will be limited to the issue of whether the subject area of a proposed change is reasonably required by the award to be re-negotiated. Alternatively, if the Company is not awarded the new or follow-on federal contract, then the parties will meet to address the cessation of business on the same schedule and to negotiate the resulting effects on the bargaining unit.

D. Any notice given under this Section shall be deemed to be served when mailed, postage prepaid, receipt requested, to the designated Labor Relations representative for service upon the Company and when similarly mailed to the Business Manager, Local Union Number 2088, International Brotherhood of Electrical Workers, Merritt Island, Florida, for service upon the Union.

The date of receipt shown on the registered or certified return mail receipt shall be the controlling date for all purposes under this Agreement.

E. For the purpose of computing the number of days which elapse after any notice is given under this Section, the day such notice is received shall not be counted.

ARTICLE II

RECOGNITION OF RIGHTS

SECTION 2.01 MANAGEMENT RIGHTS

Except as specifically limited by this Agreement, all management rights power, and authority possessed by the Company prior to the execution of this Agreement are retained by the Company, and remain exclusively without limitation within the rights of the Company. The Company shall have full and exclusive right subject to the terms of this Agreement to the management of the business, including, but not limited to, the direction of the work force, the right to plan, direct and control all business operations, assignment of duties, and qualifications of employees to perform work, scheduling of all hours of work, and other aspects of providing the services and all methods used to provide those services, the determination of reasonable quality standards, the right to hire new employees, promote, demote and transfer employees, to discipline, suspend, or discharge for just cause, to classify, reclassify, lay-off or relieve employees from duties, change or eliminate existing jobs or to create new jobs, establish rules of conduct, and to maintain efficiency of employees. Any of the rights, powers, functions, or authority not specifically abridged by the Agreement are retained by the Company.

The foregoing enumeration of management rights and functions is without prejudice to the Union's duty and responsibility in representation of the employees covered by this Agreement and its rights in accordance with the provisions herein, to process grievances, disputes nor differences as to the interpretation or application of any provision of this Agreement.

The foregoing enumeration of the Company's rights shall not be deemed to exclude other pre-existing rights which do not conflict with the provisions of this agreement, and nothing in this Article shall be deemed to limit the Company in the exercise of customary and recognized functions and prerogatives of management.

SECTION 2.02 NO STRIKE NO LOCK-OUT

The Union hereby agrees that neither the Union or any of the Company's employees forming part of the bargaining unit covered by this Agreement shall, directly or indirectly, authorize, assist, encourage, or in any way engage and/or participate in strikes of any kind. For the purpose of this Agreement, the term "strike" shall include a slow-down, sit-down, stay-in, walkout, curtailment of work, interference with work or receipt or shipment of goods or material, picketing of any of the Company's operations, customers or sources or supply boycott, or any other kind of activity which interfaces with, and/or interrupts the Company's operations and activities. Should such interruptions as stated above occur, the Union leadership shall take an active role in returning the employees to work. This includes explaining the provisions of this section and any other remedies which may be contained within the by-laws of the Union.

So long as the Union is complying with the provisions herein, the Company agrees that there will be no lock-out during the term of this Agreement.

Any employee or employees who violate the terms of this Article shall be subject to disciplinary action, up to, and including, discharge by the Company.

SECTION 2.03 NO DISCRIMINATION / ADA

There shall be no discrimination by the Company or the Union against any employee because of sex, race, religion, color, national origin, creed, marital status, age, because the employee is a disabled veteran or a veteran of the Vietnam era, or any other status protected by applicable federal or commonwealth law or regulation.

The Company and the Union agree that consistent with the Rehabilitation Act of 1973 and regulations thereunder the applicable laws of the commonwealth of Puerto Rico pertaining to handicapped employees, there will be reasonable accommodation to employees and applicants with physical and mental limitation, and the parties agree to cooperate to that end. The Parties agree all accommodations agreed to will be in accordance with the terms and conditions of the Collective Bargaining Agreement.

It is agreed that the Company and its agents will not discriminate against, interfere with, restrain or coerce in any manner whatsoever any Steward or member of the Bargaining Unit because of any lawful activities on behalf of the Union.

The Company and the Union acknowledge the reasonable accommodation commitment of the Americans with Disabilities Act and the protected status of qualified applicants and employees with mental and physical impairments. Nothing in this agreement shall be construed as intended to be a barrier to reasonable accommodation to qualified persons with a mental or physical impairment provided the accommodation would not impose an undue hardship on the Company operation.

The Company must also provide the Union with advance notice and bargain with the Union to ensure that any proposed accommodation is reasonable and does not unnecessarily infringe upon the legitimate rights of other employees under this agreement.

The Company agrees that all employees will be treated fair and equitably.

SECTION 2.04 HARASSMENT

The Company will ensure that all of its employees can perform in an environment free from sexual harassment as well as harassment or intimidation on the basis of race, religious creed, color, national origin, citizenship ancestry, disability, marital status, being over age forty, sex, U. S.

veteran status, or union activity.

ARTICLE III

UNION SECURITY

SECTION 3.01 UNION SHOP

It shall be a condition of employment that all full time allocated employees of the Company covered by this Agreement shall be required to become and remain members of the union, in good standing as a condition of employment from and after the thirty-first (31st) day following the date of their employment or the effective date of this Agreement, which ever is later.

No employee shall be considered as having failed to maintain his/her membership so long as he/she regularly tenders to the Union his/her uniform periodic monthly dues and/or uniform initiation fee as required, unless otherwise provided for in the IBEW Constitution or By Laws of the Local Union.

The Company need not terminate any employee for failure to maintain his/her membership hereunder unless he/she fails or refuses to cure his/her dues delinquency within ten (10) days after the Union has given the Company a written notice by registered mail requesting such termination, unless otherwise provided for in the IBEW Constitution or By Laws of the Local Union. Before sending the Company such request the employee shall first be given notice in writing by the Union to pay his/her delinquent dues and/or initiation fee. The copy of such notice shall be sent to the Company.

The Union will be notified of all newly hired bargaining unit employees within ten (10) working days of their reporting to duty. This notification shall include the employee's name, social security number, and address, his/her date of hire, his/her location of employment and his/her classification.

SECTION 3.02 CHECKOFF

Upon receipt of an employee's written authorization, which shall not be irrevocable for a period of more than one year, or beyond the termination date of the applicable Collective Bargaining Agreement, whichever occurs sooner (when revocation is not otherwise provided by local law), the Company shall deduct from such employee's salary, in accordance with this Agreement, such employees initiation fee and, on the first payday of each month, the employee's Union dues and remit same to the duly authorized representative of the Union, together with a list of the names of employees from whose pay deductions were made.

Such a written authorization may be revoked by the employee by written notice to the Company during the ten (10) day period prior to the end of any applicable yearly period or during the ten (10) day period prior to the termination date of any applicable Collective Bargaining Agreement, whichever occurs sooner. In the absence of such notice of revocation, the authorization shall be renewed for an additional yearly period or until the end of any applicable Collective Bargaining Agreement, whichever occurs sooner.

The Union shall indemnify the Company against any and all claims, demands, suits or other forms of liability that shall arise out of, or by reason of action taken or not taken by the Company for the purpose of complying with any of the provisions of the checkoff.

In case any employee does not have the total amount of any deduction or more due him or her on any payroll from which deductions are made in respect to other such employees the deduction shall be made out of the next succeeding payroll upon which such employee has the total amount or more due.

SECTION 3.03 DUES DEDUCTION

Deductions shall be made on account of initiation and/or reinstatement fees and dues payable from the first pay check of the employee. Deductions shall be made on account of Union dues, from the first paycheck of the employee and monthly thereafter from the first paycheck of the employee in each month. Such payroll deductions shall be made by the Company beginning with the payroll period next commencing after receipt by the Company of the properly executed authorization form.

Deductions provided in Paragraph 3.02 shall be remitted to the Financial Secretary of the Union no later than 10 business days after the pay period in which the deductions were made. The Company shall furnish the Secretary Treasurer of the Union, monthly, with a record of those from whom deductions have been made and the amounts of the deductions. The Company will provide an alphabetical record as soon as the capability exists. Remittance check will be mailed from the Company headquarters or a Puerto Rico based accounting firm.

SECTION 3.04 BUSINESS MANAGER - ACCESS TO WORK AREAS

The Business Manager of the Union shall have access to the Isabela and Salinas work areas 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. The Business Manager may be required to obtain authorization from the Air Force for access to walk areas relevant to this provision. The necessary Company badges and credentials will be available to the Business Manager during working hours. The Union shall keep the Company currently informed in writing of the name of the accredited Business Manager.

ARTICLE IV

GENERAL PAY PROVISIONS

SECTION 4.01 PAY RATES

The Pay Rates for employees covered by the Agreement shall be effective as set forth in Schedule A, attached hereto and made a part hereof.

SECTION 4.02 PAY RATES FOR NEW OR REVISED OCCUPATIONAL

CLASSIFICATIONS

In the event the Company desires to establish new classifications or revise existing occupational classifications, and such occupational classifications are included in the bargaining unit by the Company, the pay rates applicable shall be subject of negotiations between the Company and the Union.

Operations shall not be delayed through failure to immediately agree upon pay rates applicable to any such occupational classification. In such cases, the Company will establish the new or revised occupational classification and the Company proposed pay rate applicable thereto and shall place such occupational classification and such pay rate into effect. If a negotiated rate is finally established which is higher than the Company proposed rate, it will be paid retroactive to the date of the start of the new or revised occupational classification.

SECTION 4.03 PROMOTIONS AND UPGRADING

Before employees are hired from the outside to fill vacancies in all grades other than Grade 1. It is the intention of the Company to promote from within the bargaining unit if available employees have the skill and ability necessary to do the work as determined by the Company.

In such instances the qualified employees will be considered in seniority order, but the Company will make the final determination relative to promotions.

It is recognized by the Company and the Union that promotions and upgrades are contingent upon final approval of the Government where required by the Company’s Government Contract.

When an employee has been reclassified through the promotional procedure, he/she will be provided an on-the job training (OJT) program and allowed a maximum of 45 calendar days in which to demonstrate his/her ability. The program provided will not be a program to train an unqualified person, but it will be a supplement to the program to familiarize a qualified person.

If he/she is unable to qualify, he/she shall return to his/her former job classification and rate. Job assignment seniority shall accrue in his/her former classification as though uninterrupted. The Company shall post a notice of vacancies, new or revised occupational classifications for a one (1) week minimum prior to having the vacancy filled unless such scheduling conflicts with Government requirements or mission operations.

The notice shall list the job description, qualifications and pay scale thereof. Once qualifications are established for an occupational classification, requirements for an occupational classification shall not be changed unless changes are made resulting from negotiations between the Company and Union. Any employee who feels qualified may apply for the position.

Employees interested in receiving consideration for lead assignments or other opportunities within the organization are required to submit their request in the form of a memorandum to management.

Employees will also utilize this memorandum to receive consideration for any position that may be posted while the employee is absent due to a scheduled vacation.

Employees are required to provide information to management on how he/she is to be contacted should new requirements be posted during their absence (i.e. vacation in excess of forty (40) hours).

The Union shall be informed of all bargaining unit vacancies, and advised as to which employees apply for open vacancies and which employee is promoted prior to such promotion.

SECTION 4.04 SHIFT DIFFERENTIAL

If required, the parties will promptly meet to negotiate any necessary adjustments of this Agreement if second or third shifts become a requirement.

SECTION 4.05 INTENTIONALLY LEFT BLANK

SECTION 4.06 PAY PERIOD

Employees will be paid on a bi-weekly pay frequency with a Monday through Sunday workweek.

Employee will be paid in lawful money of the United States by direct deposit or checks at intervals, which shall not exceed two (2) weeks.

Employees electing direct deposit will be paid within ten (10) business days after the end of the pay period covering earnings from 0001 hours on Monday through 2400 hours on Sunday night following (i.e., fourteen (14) consecutive calendar days, Monday to Sunday inclusive). Employees electing to be paid by check will have checks mailed via US Postal Service (USPS) to the address on file with the Company not later than ten (10) business days after the end of the pay period covering earnings from 0001 hours on Monday through 2400 hours on Sunday night following (i.e., fourteen (14) consecutive calendar days, Monday to Sunday inclusive).

Overtime pay earned in a particular workweek must be paid on the regular pay day for the period in which the work week ends. If the correct amount of overtime pay cannot be determined until sometime after the regular pay period, the company must pay the overtime compensation with the next regular pay period.

SECTION 4.07 TEMPORARY PROMOTIONS

Employees may be assigned to other classifications within a higher labor grade at the site of employment to meet operational requirements for a temporary period, and shall be paid the higher rate of pay for that classification. The temporary assignment shall not exceed sixty (60) calendar days and may be as short at one (1) hour, unless mutually agreed to the contrary by both parties.

All temporary promotions exceeding eight (8) hours in a given week will be posted. Employees interested in receiving consideration for temporary lead assignments or other temporary opportunities within the organization are required to submit their request in the form of a memorandum to management.

SECTION 4.08 TEMPORARY WORK ASSIGNMENTS

Employees will not be required to perform work of other classification except in order to meet contractual operational requirements. The Steward will be provided a copy of all assignments.

All work assignments whenever possible will be within classification at work locations on the basis of seniority to employees in the effected classification who volunteer. In the event of or lack of volunteers, the least senior employee will be temporarily assigned.

All temporary work assignments will be posted. Employee(s) required to perform a temporary work assignment(s) and performs work of other classification(s) within a higher labor grade shall be paid the higher rate of pay for that classification. Temporary work assignment(s) will be recorded in the employee(s) record.

The Company shall inform the chief steward, whenever possible, of all temporary assignments.

SECTION 4.09 REGULAR FULL TIME EMPLOYEES

It is the intent of the parties that only regular full time employees of the company will be permitted to perform Bargaining Unit work.

It is the intent of the Company to offer employment of not less than forty (40) hours per work week for fifty-two (52) weeks of each year, including holidays, vacation, and sick time hours, to employees covered by this Agreement who are ready and available to work, provided nothing in this section shall be construed to prevent the Company from releasing employees because of lack of work or for other proper and legitimate reasons, as provided for in this or other articles or sections of this Collective Bargaining Agreement.

Contract employees will not be utilized in the performance of Bargaining Unit work.

SECTION 4.10 TEMPORARY EMPLOYEES

TEMPORARY EMPLOYEES will be hired for a definite time frame (i.e., 30, 60, or 90 days) to temporarily fill in for a full-time employee who is absent for a prolonged period due to vacation, medical disability, jury duty, public service duty, military leave, personal leave, or leave of absence or to provide short term support as a supplemental work force, during those peak periods of unusually heavy support requirements.

Temporary employees are employees hired on a call-in basis. Such a person is utilized to replace a regular full-time employee on a short-term basis. Such a person is assigned to a regular scheduled work shift; he/she assumes the work shift of the person being replaced temporarily.

Temporary employees will be laid-off prior to any full-time employees being laid-off. Employees on lay-off status will be given first opportunity to fill temporary positions. No individual temporary employee can work more than 520 hours per year (with the exception of covering a Leave of Absence Section 9.01 and subparagraphs). After completion of the Personnel Qualification Standard (PQS) requirements, temporary employees will be assigned a minimum of forty (40) consecutive hours per month (five consecutive working days) for the definite time frame hired.

Only Labor Grades 4 and below can be used for Part Time or Temporary Employees

All temporary employees must meet the minimum qualifications listed in the job description. All temporary employees will be directly employed by the Company. Temporary employees will be provided benefits as required by Puerto Rico law or as stipulated in this Agreement.

SECTION 4.11 PART TIME EMPLOYEES

Only as needed, the Company may utilize Part Time/Part Time allocated under the Contract employees to work a daily or weekly schedule which is less than the current normal workday or workweek as prescribed in Article 6 of this document, to accommodate schedule requirements.

The following applies to the use of Part Time employees:

Temporary/Part Time employees will:

1. not be utilized if there are any bargaining members on layoff status

2. Only Labor Grades 4 and below can be used for Part Time or Temporary Employees

3. be paid a cash benefit of $3.00 per hour for all hours worked to cover all benefits as outlined in the parties agreement or be offered the standard company benefits package.

4. will not be used to displace full time bargaining unit employees

5. will not be used to counteract hiring full time bargaining unit employees

6. as a minimum, be paid the hourly rate as identified in Attachment A for the work being performed

SECTION 4.12 PAYMENT FOR ACT OF GOD

Employees will be offered the option to utilize vacation or sick leave accrued for eight (8) hours per day when “acts of God” prohibit the employees reporting to work. Examples of this include but are not limited to: hurricanes; fires; floods; bridges washed out; or any disaster that might prohibit an employee from reporting to work.

ARTICLE V

HOURS AND OVERTIME

SECTION 5.01 DEFINITIONS

The parties recognize the importance of the defense effort of the work being performed under the terms of this Agreement, and the Company agrees that consistent with meeting operational requirements reasonable effort will be made to arrange work schedules so that a maximum number of employees will be assigned to shifts Monday through Friday.

(A) "Regular Work Week" the "regular work week" for all employees shall begin at 0001 hours on

Monday and shall end at 2400 hours on the following Sunday night (i.e., seven (7) consecutive calendar days, Monday to Sunday, inclusive).

(B) "Regular Work Day". The regular workday will consist of twenty-four (24) consecutive hours from 0001 hours to 2400 hours (the calendar day). In all cases the first regular workday and the regular work week will begin at the time the regular work week begins. Hours worked on or in conjunction with a regular shift starting in the regular workday will be counted as worked in such regular workdays.

(C) "Normal Work Shift". The normal work week for employees covered by this agreement shall consist of five (5) consecutive days, not exceeding eight (8) hours at any one "regular work day" of twenty-four (24) hours.

(D) “Regular Shift". A "regular shift" shall be scheduled in advance, and shall consist of eight (8) consecutive hours during a "regular work day" exclusive of meal periods.

(E) "Posting”. The company will post at each site, in a conspicuous place, a notice setting forth the number of hours of work required each day of the week, the starting time and ending time of each work day, the time when each employees meal period begins and ends and the employees scheduled days off in each work week. Once posted this weekly work schedule will not be changed for the purpose of circumventing the payment of overtime.

(F) "Scheduled Days Off". Two (2) consecutive days off in each "regular work week."

(G) "Straight time rate". An employee’s straight time rate for purposes of this agreement shall be the employee’s straight time hourly rate applicable to the employee(s) classification, exclusive of any differentials.

(H) "Normal Work Week". The "normal work week" for employees covered by this Agreement shall consist of five (5) consecutive days, Monday through Friday, not exceeding eight (8) hours in any one "regular work day" of twenty-four (24) hours.

The "normal work week" for continuous operations shall consist of five (5) consecutive days, not exceeding eight (8) hours in any one "regular work day" of twenty-four (24) hours.

Once beginning time of an employee(s) normal work week is established it shall remain fixed, but may be changed if the change is intended to be permanent and is not designed to evade the overtime requirements of the Fair Labor Standards Act, or applicable Puerto Rico law.

(I) Odd Work Week". An odd work week shall be any five (5) consecutive work days that do not include both Saturday and Sunday as the scheduled first and second days off.

(J) “High Time”. Employees who are required to work on unprotected towers, poles or antennas in excess of thirty (30) feet above the surrounding base area. “Unprotected” refers to where stairways ladders or platforms are not equipped with protective railings or cages. A “climb” list will be maintained. The first available “climb” will be offered to the available qualified person with the least number of hours on the “climb” list. If no one volunteers to “climb”, the persons with the least number of hours on the “climb” list will be forced.

(K) “Part Time Supplemental Staff”. Either full or part time Company employees who are allocated to provide program support on less than a full time basis.

SECTION 5.02 DISTRIBUTION OF OVERTIME

Overtime shall be distributed equitably among the employees within such classification consistent with efficient operation. The first available overtime will be offered to the available qualified person with the least number of hours on the overtime list. The Company shall make such overtime records available to the employees and the Union. Any inequities in overtime will be corrected insofar as possible by improved scheduling or other procedural techniques to be developed by the Company.

The available qualified person with the least number of hours on the overtime list may be forced to work the overtime if all other qualified available person(s) decline.

SECTION 5.03 OVERTIME PAYMENT

Excess hours worked will be paid in accordance with requirements of the applicable Act passed by the Legislature of Puerto Rico and the Fair Labor Standard Act passed by the Congress of the United States.

In no event will overtime hours worked, in the employee's regular work day, be compensated for at less than double the employee's straight time hourly rate.

Each employee shall be compensated ("overtime premium") at no less than double the employee's straight time hourly rate as follows:

Overtime will be paid at the rate for the period in which the overtime was actually worked.

OVERTIME PREMIUM

(A) Double the employee's straight time rate will be paid for hours in excess of eight (8) in any period of twenty-four (24) consecutive hours.

(B) Double the employee's straight time rate will be paid for hours in excess of forty (40) per week unless double time is paid for hours in excess of eight (8) per day.

(C) The workday or working day solely for the purpose of computing overtime, shall be any period of twenty-four (24) consecutive hours.

(D) For hours worked on the employee(s) first scheduled day off.

(E) For hours worked on the employee(s) second scheduled day off.

(F) For all hours worked before or after an employee’s regular shift. This provision will not apply to accommodate an employee at their request.

In order to know whether an hour worked is overtime or not, it has to be determined if that hour is in excess of eight (8) hours in any twenty-four (24) consecutive hour period concluding at the time of the hour worked and thusly for each successive hour worked. In computing the number of hours worked in any twenty-four (24) consecutive hour period, the hours worked in excess of eight (8) shall be included only once. After they have been computed as overtime they shall be excluded from subsequent calculations.

5.03.1 All hours for which over time pay is received are considered to be hours worked in the computation of overtime

SECTION 5.04 INTENTIONALLY LEFT BLANK

SECTION 5.05 ODD WORK WEEK DIFFERENTIAL

Employees normally assigned to or working an odd work week schedule (other than both Saturday and Sunday off), will receive an odd work week premium of twenty-five cents (.25¢) per hour for hours worked.

SECTION 5.06 TRANSFERS

An employee may be temporarily assigned to work at any other location of the Company as dictated by operations and requirements of the contract. When transferred on a temporary basis, the employee shall be permitted, by the Union, to work at the assigned location, on a temporary basis, provided there is no adverse affect on the full time earnings of other employees in the bargaining unit.

An employee(s) who travels to or from a temporary duty assignment (TDY) shall be reimbursed travel expenses in accordance with Article 13, Section 13.08, “TRAVEL EXPENSES.”

Transfer assignments will not exceed sixty (60) calendar days and employees will receive a minimum of seven (7) calendar days advance notice of such assignments except in cases of emergency. A transfer assignment can be extended beyond sixty days with the mutual agreement of the Company and the Union.

Such assignments shall be offered to the most qualified employees. In the event there are insufficient volunteers to perform the work, the least senior qualified employees will be assigned.

SECTION 5.07 MEAL PERIODS

All employees shall be entitled to a meal period during each shift worked, which they shall not be required to work. No employee shall be required to work more than five (5) hours without being given a meal period of not more than one-half (1/2) hour.

Such meal period shall start no earlier than three (3) hours and no later than five (5) hours after the employee starts work so that employees will never be required to work more than five (5) consecutive hours on any shift without a meal period.

In the event an employee is required to work during his/her meal period, or is not free from all job requirements, duties and responsibilities during this meal period he/she will be compensated at double time for such time up to one-half (1/2) hour at the employee's rate for regular hours for each shift occurrence.

SECTION 5.08 PYRAMIDING OF OVERTIME

No employee shall receive more than one overtime rate for the same hours worked. And if more than one rate is applicable to the same hours worked, the higher rate only shall be paid.

SECTION 5.09 CHRISTMAS BONUS

PR Christmas Bonus Act - Under Puerto Rico law, every employer who employs more than one employee in the twelve-month period commencing on October 1st and ending on September 30th of any year has an obligation to pay each qualified employee who works 700 hours or more per year a mandatory annual bonus or “Christmas Bonus”.

Eligible employees will be paid the annual Christmas bonus as follows:

1 October 2015 $750.00 + $750.00=$1500.00

The bonus shall be paid on a separate check from the regular paycheck. The bonus is to be paid not later than the 15th of December. Employees Christmas bonus payments are to follow the employee’s normal paycheck distribution election. The Company will comply with the laws of the Commonwealth of Puerto Rico including, but not limited to, any penalties for non-compliance.

SECTION 5.10 CANCELLATION OF REPORT TIME

If the Company fails to notify an employee at least eight (8) hours in advance of cancellation of reporting time of his/her regular shift or irregular shift the employee shall be permitted to report.

For such assignment unless notice of cancellation is given prior to his/her departure from his/her assigned work place during the last work period prior to such assignment.

In the event an employee reports for an assignment under the provision of this section he/she shall be given not less than the equivalent of four (4) hours pay at the regular straight time rate.

SECTION 5.11 IRREGULAR WORK PERIODS

When the longest period worked in a regular work day is less than eight (8) hours in the employee's regular shift, the Company will pay an employee who is available for work at this straight time rate for the difference between the number of hours worked in one such period and the number of hours scheduled to work. This provision shall not apply to scheduled days off or to holidays.

SECTION 5.12 CALL IN PAY

Whether or not an employee has been previously scheduled to work such days and has been called in to work on a holiday or on one of his/her scheduled days off or is recalled after completing a days assignment and has checked out and left his/her place of employment he/she shall receive not less than the equivalent four (4) hours pay at the straight time rate, provided however that any amount paid for hours actually worked shall be credited against such minimum guarantee.

SECTION 5.13 TURNABOUT

When an employee is required to report for work without being given at least eight (8) hours off after the completion of the employee's previous work period of not less then eight (8) hours, employee shall be paid at double the employee’s straight –time hourly rate for all time worked during the succeeding work period.

Whenever an employee works sixteen (16) continuous hours he/she will be given at least eight (8) hour break before again required to report for his/her next work period.

An employee will not be obligated to work more than twenty-four (24) continuous hours. Whenever an employee works twenty-four (24) continuous hours, he/she will be given at least a twelve (12) hour break before being required to report for his/her next work period.

ARTICLE VI

VACATIONS AND HOLIDAYS

SECTION 6.01 VACATION POLICY

It is the policy of the Company to grant vacation to eligible employees in the amount and manner described hereafter.

Every full-time employee shall be entitled to vacation leave with full pay to be effective when he/she begins to enjoy the same, at the rate of 12.67 hours per month, (19 days/year) if service period is 1 year through 14 years, 13.33 hours per month, (20 days/year) if service period is 15 years to 19 years, and 13.99 hours per month (21 days/year) if service period is 20 years or greater for each month in which he/she has worked at least one hundred (100) hours.

Employees will earn vacation hours per month for each month in which he/she has worked at least one hundred (100) hours. The employee who works less than one hundred (100) hours in any month, shall accrue vacation in the proportion that the number of hours he/she works in a month is to one hundred (100) hours.

Vacations will, so far as possible, be granted at time most desired by the employees. Employees will schedule vacations in the month of October for that fiscal year (Oct. 1 - Sept. 30). The Company will notify employee’s in writing no later than November 30, of the acceptance or rejection of the employee’s vacation request.

In the event the Company does not notify the employee(s), the employee(s) first choice will be considered approved. Employees may retain up to forty (40) hours of their vacation time to be scheduled outside of this annual planning period.

This remaining vacation time may be taken throughout the year as soon as accrued on a monthly basis. During the first year of employment those employees who need to take more vacation than accrued may take leave without pay or borrow in advance with Management approval.

Emergency situations will not require advance scheduling. When the scheduling of vacations for employees in the same site hampers efficient operations, the choice of vacation time shall be determined by seniority within the site and qualifications so as not to hinder operational requirements.

If an employee reschedules his/her vacation during the year, he/she will not be allowed to bump another individual and will have to take another vacation time slot that is left open, consistent with efficient operations.

Vacation Benefits for an employee who terminates, is terminated, is laid off or enters the armed forces or retires will be as follows:

1. The employee will be entitled to vacation pay for such unused accrued vacation.

2. Should an employee die, all sums due shall be paid in accordance with the laws of Puerto

Rico or as directed by the appropriate state or probate court.

Employees will be paid vacation or pro-rate vacation at the highest straight time rate of pay received by the employee during his/her last month of employment when vacation is paid or enjoyed.

The Company reserves the right to schedule and require employees to take vacation to avoid this payment.

Employees may elect in December of each year sell back up to half of their accrued vacation hours to be paid in the 1st or 2nd pay period in January of the following year. The request should be submitted to management in written form and will require the approval signatures of immediate manager, site manager and Human Resources. Requests must be made prior or during the month of December and will be irrevocable.

SECTION 6.02 DESIGNATED HOLIDAYS

The following holidays shall be observed: (1) New Year's Day, (2) Memorial Day, (3) Independence Day, (4) Labor Day, (5) Veteran's Day, (6) Thanksgiving Day, (7) the Friday after Thanksgiving, (8) Christmas Eve Day, (9) Christmas Day, (10) Good Friday, (11) Three Kings Day, (12) Washington's Birthday, and (13) Martin Luther King's Birthday.

SECTION 6.03 PAY FOR DESIGNATED HOLIDAYS

Employees who meet the eligibility requirements will be paid for each of the designated holidays in accordance with the following:

1. Employees who are required to work on a designated holiday will be paid eight (8) hours pay at no less than triple the employee's straight time rate for all hours worked on the holiday (all inclusive).

2. Employees who are not scheduled to work on a holiday and do not work will be paid eight (8) hours pay at the straight time rate.

Paid holidays occurring during an employee's vacation shall not be counted as part of his/her vacation time.

ARTICLE VII

SENIORITY

SECTION 7.01. ACQUISITION OF SENIORITY

New employees shall be considered on probation and not entitled to seniority until they have acquired ninety (90) working days of service credit. Upon completion of said period of employment, the employee shall be considered a regular employee and his/her seniority shall date from the start of the probationary period. There shall be no requirement that the Company reinstate or re-hire probationary employees if they are discharged during their probationary period.

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.

SECTION 7.02 COMPUTATION OF SENIORITY

The term “Facility” used in Section 7.02 will mean High Frequency Global Communication System (HFGCS) Puerto Rico Station (PRS), which encompasses sites at Isabela and Salinas, Puerto Rico.

Each employee shall have continuous service credit with the Company dating from the first date of his/her unbroken service at the facility including service with prior contractors that managed the facility.

Seniority among employees who were employed on date of ratification of this Agreement will be determined as follows:

(A) Employees who are employed on the date the Company assumed management of the facility will have their seniority based upon their length of service at the facility including service with prior contractors that managed the facility.

(B) Company employees who may be transferred into the bargaining unit subsequent to the application of subsection (A) above, shall have date of entry seniority.

Each employee shall accumulate continuous service credit with the Company while covered by this Agreement.

Each employee shall accumulate seniority within the bargaining unit, during his/her period of continuous service at the Facility.

Anyone who was not employed or not on an authorized leave of absence on the date the Company assumed management of the facility; their seniority date will be their date of hire, date of rehire or date of transfer into the bargaining unit.

For employees hired prior to September 1, 1987, when two (2) or more employees would otherwise have identical seniority, seniority rank shall be determined by the date of birth with the earlier being the more senior.

For employees hired after September 1, 1987, when two (2) or more employees would have identical seniority, seniority rank will be based upon the last four (4) digits of the social security numbers with the lower being more senior.

SECTION 7.03 CONTINUITY OF SERVICE

Seniority of an employee will be broken under the following conditions, and his/her employment with the Company will be terminated:

(A) Resignation or other voluntary termination of employment.

(B) Discharge for just cause.

(C) Absence in excess of three (3) consecutive working days without notice, either by telephone or written message, by messenger, to Project Manager or his/her written designee, unless satisfactory evidence of inability to report is shown.

(D) Unauthorized absence beyond the time limit of an…