BFS_and_IAM_Collective_Bargaining_Agreement_Dec_2014_Revision_1_Dated_1_Jun_2015_(Final).pdf

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

AND

INTERNATIONAL ASSOCIATION OF MACHINISTS

AND AEROSPACE WORKERS AFL-CIO

LOCAL LODGE 845

Western Territory

Unmanned Aircraft Systems Maintenance

Creech AFB, NV

October 1, 2014 – September 30, 2017 Revision 1, Dated 1 June 2015

Table of Contents Summary of Changes

PREAMBLE

Article 01.00 - Intent and Purpose

Article 02.00 - Management Rights

Article 03.00 - Union Recognition

Article 04.00 - Representation/Stewards

Article 05.00 - Union Membership

Article 06.00 - Non-Bargaining Unit Personnel

Article 07.00 - Seniority

Article 08.00 - Promotions/Transfers/Lay-Off

Article 09.00 - Leave without Pay

Article 10.00 - Holidays

Article 11.00 - Vacation

Article 12.00 - Overtime

Article 13.00 - Absence from Work

Article 14.00 - Hours of Work

Article 15.00 - Government Security / Responsibility

Article 16.00 - No Strike - No Lockout

Article 17.00 – Health and Welfare

Article 18.00 - Retirement Plan

Article 19.00 - Uniforms

Article 20.00 - Temporary Duty within the US and US Territories/Possessions

Article 21.00 - Disciplinary Action

Article 22.00 - Grievance and Arbitration

Article 23.00 - Sick Leave

Article 24.00 - Job Classifications/Descriptions

Article 25.00 - Bereavement / Jury Duty

Article 26.00 - Wage Rules

Article 27.00 - Safety/Safety Equipment

Article 28.00 - General

Article 29.00 - Duration

Appendix A

Summary of Changes:

Cover page - added Revision 1, dated 1 June 2015 Preamble - Added Nellis AFB, Las Vegas, NV Article 03.01 - Added Nellis AFB, Las Vegas, NV Article 03.01, a. - Added Nellis AFB, Las Vegas, NV Article 04.09 - Added Nellis AFB, Las Vegas, NV Article 05.01 - Added Nellis AFB, Las Vegas, NV Article 08.01 - Added Nellis AFB, Las Vegas, NV Article 08.02, c, 1) - Added Nellis AFB, Las Vegas, NV Article 10.04 - Added Nellis AFB, Las Vegas, NV Article 10.05 - Added Nellis AFB, Las Vegas, NV Article 14.01 - Added Nellis AFB, Las Vegas, NV Article 14.08 - Changed verbiage for shift start times to accommodate Nellis AFB, NV Article 20.01 - Added Nellis AFB, Las Vegas, NV Article 22.03 - Changed Site Manager to Site Lead Article 27.01 - Added Nellis AFB, Las Vegas, NV Article 28.12 - Updated non-deployment verbiage since only the Ground Support Equipment Mechanics currently deploy. Also, made it clear that Nellis AFB, NV personnel do not deploy.

Signature Page - Updated applicability of Appendix A.

PREAMBLE

This Agreement is made and entered into by and between Battlespace Flight Services LLC, (hereinafter referred to as the Company) and the International Association of Machinists and Aerospace Workers, and Local Lodge 845 (hereafter referred to as the Union) with respect to work performed at Creech AFB, Indian Springs, NV and Nellis AFB, Las Vegas, NV.

Article 01.00 - Intent and Purpose

01.01 Intent of the parties: to deliver sustained superior service and customer satisfaction using policies and procedures defined in the Company Quality Management System (QMS) and contracts, in compliance with safety and environmental standards. The intent is that operations will meet or exceed mission and quality performance standards, objectives, and thresholds.

Article 02.00 - Management Rights

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

02.02 The Company shall have the right to implement rules of conduct which it considers necessary and proper and which do not conflict with the terms of this Agreement. All such rules shall be observed by all employees covered by this Agreement. The Company will inform all employees of new rules or changes to existing rules that are applicable to the employees.

Changes in Company rules shall be forwarded to the Union.

Article 03.00 - Union Recognition

03.01 The Company recognizes the Union as the exclusive representative, for purposes of Collective Bargaining, for the employees in the occupational titles set forth in this agreement, employed by Battlespace Flight Services LLC, under contract, FA4890-13-D-0001, with Air Combat Command, Acquisition Management and Integration Center (HQ ACC/AMIC) at Creech AFB, Indian Springs, NV and Nellis AFB, Las Vegas, NV.

a. Included: All full-time Aircraft Mechanics I, II, III and Electronic Technicians I, II, III, Munitions Weapons Technicians, and Ground Support Equipment Mechanics at Creech Air Force Base located at Indian Springs, NV and Nellis AFB, Las Vegas, NV.

b. Excluded: All office clerical employees, professional employees, managerial employees, guards, and Supervisors as defined in the National Labor Relations Act.

03.02 The Company acknowledges the Union's rights specifically designated by the terms of this Agreement, as the bargaining unit employees’ representative. The Union recognizes its duty to cooperate in any reasonable manner with the Company to support its efforts defined in Article

1.00 and 2.00, to cooperate in combating any practices which conflict with these articles, and maintain standards of quality, service and work ethic.

Article 04.00 - Representation/Stewards

04.01 The Company agrees and it is hereby understood that the Union shall designate and the Company shall recognize one (1) Shop Steward and one (1) alternate Shop Steward for each work shift. The Union shall notify the Company in writing of the individuals so selected. The alternate Shop Steward shall act in the capacity of the Shop Steward in the event the Shop Steward is absent from the facility. If more than one Steward is agreed to by the parties, the Union shall designate one (1) of the existing Shop Stewards as the Chief Shop Steward.

04.02 Subject to other provisions of this Agreement, reasonable and necessary time off from work during straight time work hours shall be authorized without loss of pay or benefits to permit the Steward to carry out his responsibilities under the grievance procedure to employees in their area of representation, providing the carrying out of these responsibilities will not unreasonably interfere with the assigned work duties of the Steward or the employee involved.

The Union and the Company will ensure that the Steward engages only in those activities which are authorized by this Agreement. Instances of alleged abuse or misuse of time by a Steward shall be brought to the attention of the Union, who shall take the action necessary to correct the problem.

04.03 The necessary time away from the Steward's official work assignment shall be arranged in a manner to minimize interruption of work flow. When the Steward finds it necessary to discuss a problem or labor management disagreement with a unit employee and/or management official, the Steward shall request permission to leave his/her work assignment from his/her supervisor. The supervisor's permission will be granted unless he determines compelling work commitments dictate otherwise. If permission is initially denied, the supervisor shall establish an alternate time, which shall be no later than the end of the employee's next work day, at which time the Steward can contact the employee.

04.04 The scope of the Steward's activities on Company time shall be limited to the following:

a. To consult with an employee regarding an alleged grievance or the presentation of a grievance for which the employee desires the Steward to be present.

b. To investigate an alleged grievance or a grievance of record before presentation to supervision. Time spent on the investigation shall be reasonable. The investigation cannot interfere with work flow or mission accomplishment as determined by the Company. The actual investigation by the Steward may be postponed until an appropriate time, based on workload as determined by the Company.

c. To present a complaint or a grievance to the employee's supervisor in an attempt to settle the matter for the employee or group of employees who may be similarly affected.

d. To meet with the supervisor or other designated representative of the Company when necessary to adjust grievances in accordance with the grievance procedure.

e. To attend an interview of an employee being conducted for the purpose of the Company determining whether that employee may be subject to discipline, if requested by the employee.

04.05 Subject to existing security regulations, the Business Representative or other authorized Representatives of the Union shall have access to the bargaining unit employees’ work areas during working hours for the purpose of investigating grievances that have arisen, attending meetings in accordance with the grievance procedure, and ascertaining whether or not this Agreement is being observed. Base access for Union Representatives is the responsibility of the Company as detailed in AFI 64-106. All Union representatives shall comply with U.S. Air Force or other government agencies’ regulations as required of all visitors.

04.06 The Company shall not be required to pay an employee for any time taken away from work to serve the Union in any official capacity or to serve on any Union committee, except as provided in the Agreement.

04.07 The Shop Steward shall be empowered to adjust employee grievances occurring under his/her jurisdiction as provided for in the grievance procedure, so long as such adjustments are not in conflict with the provisions of this Agreement. Such settlements shall be non-precedent setting.

04.08 The Chief Shop Steward will have top seniority on their shift at their work site during the time they officially remain in that capacity and will not be laid off or transferred without prior notification to the Union and provided that work is available in their respective work site which they are capable of performing.

04.09 Union Bulletin Boards. The Company will provide one (1) Union bulletin board (or part of a bulletin board) at Creech AFB, Indian Springs, NV and Nellis AFB, Las Vegas, NV and a web-based bulletin board for the Union to post official business of the Union. Legitimate Union notices are defined as:

• Meeting notices

• Official Union election results

• Notices of Union appointments

• Union social events

Note: All notices not listed above must be approved by Company management.

Article 05.00 - Union Membership

05.01 New Hires/Transfers. New hires may become union members after thirty (30) days.

Transfers to bargaining unit positions at Creech AFB, Indian Springs, NV or Nellis AFB, Las Vegas, NV may become union members immediately upon transfer. The Company shall inform the Chief Steward of all new hires/transfers within the first fifteen working days of hire. Their names shall be placed on the Seniority List in accordance with Article 7. The Union will make membership in the Union available to all employees covered by this Agreement on the same terms and conditions as are generally applicable to other members of the Union.

05.02 After the employee joins the Union and upon receipt of a signed membership and check-off form, the Company shall deduct from the employee’s pay, any dues payable to the Union during the period defined in the authorization.

05.03 Deductions. Monthly dues will be divided equally among the number of pay dates for the year. The Union shall provide detailed instructions separately from the CBA that defines the amount to be deducted.

05.04 Payment of Dues to the Union. The sums deducted as stated above shall be forwarded to the designated financial officer of the Union no later than the last day of the month in which the deductions are made. Then Union shall provide detailed instructions separately from the CBA that explains how and where the funds will be distributed.

05.05 Indemnification. 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 or arise out of any action taken by the Company in accordance with or arising out of the foregoing provisions of this Article, or in reliance on any list, notice or assessment furnished under any of such provisions.

Article 06.00 - Non-Bargaining Unit Personnel

06.01 Non bargaining unit personnel shall not normally perform the work of unit employees, but may perform such work under the following conditions:

a. For the purpose of providing technical guidance, instructing, and training employees.

b. Under emergency conditions. The term "emergency" as used in this provision is defined to mean any unforeseen combination of circumstances which would require immediate action as determined by the Company.

c. Up to ten (10) hours on any shift when an employee fails to report to work, and other qualified bargaining unit employees in the classification are not available. The company will attempt to call in qualified bargaining unit employees, but this effort shall not interrupt the accomplishment of the required work.

d. When a temporary increase in workload or employee absences may cause the work schedule to be delayed, causing operational problems as determined by the Company.

The Company will first attempt to call in qualified bargaining unit employees prior to the work being performed by non-bargaining unit personnel.

e. Lack of necessary skills required to complete a specific task.

f. Such work as is necessary for supervisory personnel to maintain technical proficiency.

g. Non-Bargaining unit 9 skill level personnel may perform all 9 level tasks.

06.02 For the purposes of this article bargaining unit work is defined as RPA Maintenance tasks identified by the Company in the BFS Job Qualification Standard as 5, 7 and 9 level tasks and other tasks normally assigned such as continuation tasks (CT).

Article 07.00 - Seniority

07.01 Company Seniority Definition:

a. On the date of contract ratification, company seniority will be established as the employee's original date of hire by Battlespace Flight Services or in the case of a sub-contractor that has been working on the contract and is subsequently hired by BFS, the original date they began working on the contract as a sub-contractor.

b. Any employee hired after ratification of this agreement will have their company seniority date established as their date of hire by Battlespace Flight Services or as a sub-contractor.

07.02 Separate lists shall be maintained for each job classification: Mechanic, Munitions Weapons Technician, Electronics Technician and Ground Support Equipment Mechanics.

07.03 A new employee shall be in a probationary status until he has completed thirty (30) days of work from the last date of hire. During the first thirty (30) day period, the Company may transfer, lay-off or discharge such employee at will and such action shall not be reviewable through the grievance procedure.

07.04 Seniority order for employees with common hire dates will be determined by the social security number with the highest last four digits being the most senior.

07.05 Seniority will be lost under the following circumstances:

a. Resignation or quit;

b. Retirement;

c. Discharge for cause;

d. Failure to return from a leave of absence;

e. Lay-off in excess of eighteen (18) months;

f. Failure by the employee to notify the Company of the employee's intention to return to work in response to a recall notification via certified mail within forty eight (48) hours after the receipt of such recall notice, or the failure of the employee to return to work within fourteen (14) calendar days following the receipt of such notice;

g. Absence from work for three (3) consecutive days with no contact with the Company, unless excused by the Company.

h. Acceptance of employment with another employer while on an approved leave of absence.

07.06 The Company will post the company seniority list at least once every six (6) months (twice a year). The list will show each employee's name, hire date and classification (Mechanic or Electronic Technician). Any protest must be filed within ten (10) days of such posting.

07.07 Bargaining Unit personnel permanently or temporarily transferred to another position within the company (to include transfers as defined in Article 08) will retain company seniority.

Article 08.00 - Promotions/Transfers/Lay-Off

08.01 Vacancies. When a bargaining unit job vacancy occurs within the Company at Creech AFB, Indian Springs, NV or Nellis AFB, Las Vegas, NV which the company intends to fill, the vacancy shall be posted on the BFS website for a minimum of at least three (3) work days as follows:

a. Postings will be made at:

1) Posted on Company Website.

2) Announced by Site Lead after position posted

b. The notice will contain:

1) Job title

2) Job description (provided on the website)

3) Date and time after which applications will no longer be accepted.

4) Effective date.

c. Interested members must apply to the online posting and submit a current resume for consideration.

d. The determination of which employee will be selected for positions other than entry level positions, shall be based upon the criteria set forth in the Company Promotion Procedure.

For entry level positions, the company will fill the position based on the Company Recruiting and Hiring Procedures.

e. The employee awarded the promotion will be notified and will report for work on the new job on the effective date stated by the Company.

f. A bargaining unit employee who applies and is promoted to another bargaining unit position and who is unable to satisfactorily perform the duties of the new position within a period of up to thirty (30) work days, unless extended by mutual written agreement of the parties, will be returned to the position last held prior to the award of such promotion, provided the position is available.

08.02 Transfer.

a. Permanent Transfer. Bargaining unit member (s) who volunteer for transfer of employment to non-bargaining unit positions within the Company shall be considered for the position before other new hire applicants, unless operational considerations are involved as determined by the Company.

b. Shift Re-Assignment. Both the Company and the Union recognize that some employees, due to domestic reasons, health, extended service with the Company, child and elder care or other reasons may desire transfer (re-assignment) to another shift. The Company will accommodate the requested change if possible.

c. Temporary Transfer. A bargaining unit employee who is temporarily transferred to a site outside the United States and all US territories and possessions shall be deemed to have transferred to a non-bargaining unit position. During the time of his transferred assignment, none of the provisions of this agreement shall apply to the employee. The employee shall work under the same employment policies and procedures, determined by the Company, that apply to other deployed Company employees who are not in the bargaining unit.

1) A transferred bargaining unit employee shall have the right to return to his or her prior position at Creech AFB, Indian Springs, NV or Nellis AFB, Las Vegas, NV when the assignment ends, if that position still exists. Time spent in the transferred assignment shall be credited to the employee’s seniority as defined in Article 07.

2) Bargaining unit employees will be notified of temporary transfer opportunities. The notification shall include the job classification, location of the opportunity, the duration of the assignment, and any special qualifications for selection.

3) If more than one bargaining unit employee applies for the temporary transfer opportunity, the selection of the employee to whom the assignment shall be awarded shall be the most senior employee.

d. Transfer out of Bargaining Unit. An employee transferred out the bargaining unit other than deployment, they shall retain their seniority in the bargaining unit as of the date of the transfer. If the employee returns to the bargaining unit they shall begin accruing seniority in addition to their previous bargaining unit accrued seniority. The employee will only be reinstated to an open job the employee is qualified for in the bargaining unit and there are no qualified employees on lay off status.

e. An employee transferred from a position in the bargaining unit to a position outside the bargaining unit, on a temporary basis they shall retain their seniority and continue to accrue seniority in the bargaining unit as long as the temporary position does not exceed 3 months. This time frame can be extended by mutual agreement of both parties.

08.03 Lay-Off. When reducing the workforce, the Company will lay-off in reverse order of seniority by classification (Mechanic/Technician). The most junior is laid off first. The last employee laid off will be the first recalled.

a. The Company will notify the Union and the affected employees of pending lay-offs at least five (5) work days prior to lay-off, unless impracticable to do so. Affected employees will be given a lay-off notice and will be responsible for notifying the Company of their current address or any address change.

b. Employees who are laid off, shall have right of first refusal, in order of seniority for company job vacancies in their classification before the position is offered to new hire applicants.

08.04 Upon return from an “overseas” deployment, the employee shall be scheduled for 40 hours (one week) of leave without pay immediately upon return. Employees, at their sole discretion, may request less time off providing they give the Company one (1) week notice.

Employees, at their sole discretion, may utilize vacation hours instead of leave without pay.

Article 09.00 - Leave without Pay

09.01 Limited unpaid personal leave without pay may be granted by the Company upon request of employees who have completed their probationary period. Requests for unpaid personal leave without pay must be made in writing and are subject to approval by the Company. Accrued vacation must be used before any leave will be approved. If the employee does not return to work after the personal leave without pay, the employee shall be terminated.

a. Vacation will not accrue while on a leave without pay under the provisions of Article 09.01.

b. Health insurance may continue for a maximum of two weeks at which point the employee becomes eligible for COBRA.

09.02 Seniority shall continue to accumulate during the approved leave without pay. It will be the employee's responsibility to request an extension of such leave prior to its expiration if additional time is desired. All such extensions must have prior Company approval.

09.03 Leave without pay for legitimate personal health reasons supported by sufficient medical verification will be granted in accordance with the Family Medical Leave Act.

09.04 An employee on leave without pay for personal health reasons may return to work prior to or at expiration of such leave upon the written release of a licensed physician provided the employee is able to perform his/her assigned duties safely. Should the Company question the employee's capability to perform the assigned duties safely, the Company may have the employee examined by another physician, prior to returning the employee to work. If the physician selected by the Company and the employee's physician disagree, then the employee shall be examined by a third (3rd) mutually acceptable physician and that physician's decision shall decide the employee's capability. Any such additional examination costs shall be incurred by the Company.

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

b. An employee may be returned to restricted duty at the discretion of the Company, provided the Company is able to accommodate said restrictions.

09.05 Leaves of absence without pay for Union business not to exceed two (2) weeks, will be granted to Bargaining Unit employees of the Company, who are elected or appointed by the Union, to attend such functions as conferences, conventions, and union educational courses, provided at least five (5) work days advance notice is given in writing to the Company, if possible to do so. However, not more than one (1) employee may be on such leave at any time.

09.06 Leave without pay in worker's compensation injury and legal occupational disease cases will be granted the full period of legal temporary disability, and seniority will accumulate for the full period of such leave.

09.07 An employee who has completed his/her probationary period, who is called to and performs short term active duty of thirty (30) days or less, including active duty training as a member of the United States Armed Forces Reserves or National Guard, shall be paid the difference between the employee's military rate and the employee's straight time hourly rate of pay for a period of up to fifteen (15) scheduled working days per calendar year. The employee must present a copy of the government’s official documents to the Company as soon as they are received by the employee. Upon return from active short term duty, the employee must present pay vouchers so that the calculation of the difference in pay may be computed. The employee will be given a leave of absence for, and will accumulate seniority during such period of service.

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

09.08 When leave without pay is granted, the employee, upon return to active employment, will be returned to his/her prior position provided it has not been eliminated.

09.09 Any member of the Union elected or appointed to a full time Union position shall, upon written request by the Union, be granted a leave of absence for Union activities up to a two (2) year period and with the opportunity to request extensions. Employees on such leave shall continue to accrue seniority. Not more than one employee shall be on such leave at any one time.

a. When the activities for which such leaves of absence are granted shall cease, the Union shall immediately notify the Company in writing, and if application is made within fifteen (15) days thereafter, such Union member will be given re-employment in a same or comparable position, if such a position still exists, in accordance with his/her qualifications and seniority privileges, and at the applicable wage rate at the time of return to the active payroll.

09.10 The granting or disallowance of Personal/Medical Leave without pay for employees within the probationary period will be at the discretion of the Company.

09.11 Employees missing work due to workers compensation may take leave without pay in lieu of Vacation or Sick Leave.

Article 10.00 - Holidays

10.01 Holiday pay is eight hours (8) pay, which is payable at the employee's straight time hourly rate of pay. To qualify for holiday pay, an employee must be in a paid status (vacation, work) the last scheduled workday before and the first scheduled workday after the holiday, unless excused by Management. The following eleven (11) holidays will be observed each calendar year:

New Year’s Day Columbus Day Martin Luther King Jr. Day Veterans Day Presidents Day Thanksgiving Day Memorial Day Day After Thanksgiving Day Independence Day Christmas Day Labor Day

10.02 Any employee required to work on any of the above holidays will be paid for all hours worked at the rate of one and one-half (1 ½) times his straight time hourly rate of pay, plus holiday pay of 8 hours at his straight time hourly rate of pay.

10.03 An employee who works a holiday may choose to take a compensatory day off in lieu of receiving holiday pay. The compensatory day will be eight (8) hours at his straight time hourly rate of pay. The employee must promptly notify the supervisor in writing of his election to take a compensatory day off.

10.04 Any additional holiday designated by Federal Government mandate or Presidential Executive Order that is observed by the Creech AFB, Indian Springs, NV and Nellis AFB, Las

Vegas, NV sites will be observed and paid in addition to the above as determined by operational requirements. This does not include United States Air Force announced stand down days.

10.05 Any observed holiday stated above that falls on a Saturday or Sunday, will be observed under the same schedule observed by the Federal Government mandate at Creech AFB, Indian Springs, NV and Nellis AFB, Las Vegas, NV sites.

10.06 Any holiday pay shall be considered time worked for the purpose of computing vacation.

10.07 Holidays will not be paid when a bargaining unit employee is in a leave without pay status for the week of the holiday.

Article 11.00 - Vacation

11.01 Employees covered by this Agreement shall accrue vacation based on their Company seniority or service date on this program, whichever is greater and each anniversary date thereafter shall be the reference point for accruing of vacation. Paid vacation entitlement will be accrued as follows:

Length of Service to Accrue Bi-Weekly Accrual Rate Annual Accrual Rate 0 - < 3 years 3.07 80 Hours 3 - 10 years 4.61 120 hours 11 years 4.92 128 hours 12 years 5.23 136 hours 13 years 5.54 144 hours 14 years 5.85 152 hours 15 + years 6.15 160 Hours

a. An employee is allowed to carry over the equivalent of one year’s annual vacation accrual hours to the following calendar year.

b. Any accrued unused vacation will be paid to the employee at the time of termination.

c. The accrual of vacation is not retroactive. The effective date of the revised accrual calculations is April 1, 2014.

11.02 Vacation pay shall be computed at the employee's straight time hourly rate of pay.

11.03 Vacation must be requested no less than fourteen (14) days in advance and will, insofar as practical, be granted as requested by eligible employees. Vacation approval requests will be returned to the employee with in three (3) working days of receiving the request. When conflicts in requested vacation periods arise, the employees having the greater Company seniority shall be given the preference. However, an employee who has requested and had scheduled vacation approved, will not be displaced by a more senior employee within sixty (60) calendar days of the scheduled start of the approved vacation.

11.04 Vacation may only be scheduled on the employee's regularly scheduled work day.

11.05 Vacation periods of one (1) work day or less must be requested a minimum of one (1) day in advance and are subject to approval of the Company before such leave is taken.

11.06 Employee's request for vacation is subject to approval by the employee's Supervisor before such vacation is taken. Employees failing to secure such approval, who subsequently fail to report to work as scheduled, will be subject to appropriate disciplinary action for unexcused absence.

11.07 The maximum allowable length of vacation will be the amount of the employee's unused vacation at the end of the payroll period immediately preceding the vacation period requested.

11.08 Employees transferring to the Bargaining Unit after the effective date of the Agreement shall retain their original date of hire with the Company for the purpose of accrued vacation credits.

11.09 Paid days of vacation shall not be considered as time worked for the purpose of computing overtime pay.

11.10 For the purposes of computing vacation eligibility, employees transferred from the Bargaining Unit who return to the Bargaining Unit shall receive service credit for such time outside the Bargaining Unit.

11.11 In the event of contract turnover, when the Company does not turn over the employee’s accrued and unused vacation entitlement to the successor employer, the Company agrees to payout all accrued and unused vacation to the employee at the end of the contract.

Article 12.00 - Overtime

12.01 Overtime shall be on a voluntary basis to the extent possible. When there are an insufficient number of qualified volunteers, the Company may require qualified employees to work overtime. Required overtime will be assigned in reverse order of seniority among qualified employees.

12.02 Notwithstanding the provisions of Article 12.01, overtime required to complete work in process will normally be assigned to the employee(s) already working the task.

12.03 The overtime rate of pay will be one and one-half (1 1/2) times the employee's straight time hourly rate of pay and will be paid for any work in excess of forty (40) hours in any one work week.

12.04 Nothing in this Agreement shall be construed as to require the payment of overtime on overtime or compounding of overtime as a result of computing hours in accordance with this Article.

12.05 The Company will attempt to schedule overtime so that employees shall not be required to work more than two consecutive Saturdays or Sundays in a row.

12.06 An employee who has not completed his/her probationary period will not be assigned any overtime, unless all qualified regular employees have had an opportunity to work the overtime, and it is determined by the Company that the probationary employee is qualified to carry out the responsibilities to be assigned to the overtime.

12.07 All other overtime payments will be in accordance with applicable Federal and State Law.

12.08 Holiday hours and TDY travel hours will be counted as time worked toward the computation of overtime pay. Sick hours and vacation hours will not be counted as time worked toward the computation of overtime pay.

Article 13.00 - Absence from Work

13.01 Employees shall not leave work prior to the completion of their scheduled hours without prior permission from the Company.

13.02 Employees shall not be absent from work except in cases of illness, injury or reasons beyond the control of the employee. Giving a false reason for an absence shall be cause for disciplinary action up to and including discharge.

13.03 It is the duty of every employee who, for any reason, will be absent from work on a scheduled workday, or who expects to report for work late, to notify the Company of the reasons therefore, in accordance with the procedures outlined by the Company. Such notice shall be at least thirty (30) minutes prior to the start of the shift.

13.04 Should an employee not have proper cause for failing to report for work, failing to report on time or for failing to report the reason shall be subject to disciplinary action.

13.05 If an employee is absent due to a worker’s compensation claim, it is not considered an interruption in continuous service; however, the Employee will not accrue vacation and sick leave credits during the absence unless otherwise directed by a governing regulation.

13.06 If an Employee is in an approved LWOP status, vacation, and sick leave will not accrue, but there will be no interruption in service.

Article 14.00 - Hours of Work

14.01 It is acknowledged that the Company operates Creech AFB, NV and Nellis AFB, NV on a 5x8 schedule. When feasible and conducive to the flight operations of the Company Program Manager on recommendation from the Creech Site Lead will consider the ability to accommodate a 4x10 schedule. The following sections have been amended to reflect a 5x8 schedule:

14.02 No provision of this Agreement shall be considered as a guarantee of any specified number of hours of work, either per day or per week.

14.03 Eight (8) consecutive hours, exclusive of a meal period of thirty (30) minutes, shall constitute a normal work shift.

14.04 The work week for payroll purposes shall consist of seven (7) consecutive calendar days beginning on Saturday and running through the following Friday.

14.05 The normal work schedule shall be divided into three periods consisting of:

a. One dayshift period covering Monday through Friday with two (2) consecutive days off.

b. One swing shift period covering Monday through Friday with two (2) consecutive days off.

c. One mid shift (launch crew)period covering Monday through Friday with two (2) consecutive days off

14.06 All employees will receive two (2) uninterrupted paid fifteen (15) minute breaks per day, one (1) to be taken during the first half of their work day and one (1) to be taken during the second half of their work day.

14.07 In the event any employee is required to work beyond any eight (8) hour work day, the affected employee will receive an additional paid fifteen (15) minute break prior to commencing additional work and during each four (4) hour period of additional work.

14.08 The start times for the shifts generally follow a +/- window on either side of a start time to accommodate the flight schedule.

a. Day Shift: 0600+/- 2 hours

b. Swing Shift: 1400+/- 2 hours

c. Mid Shift: Midnight +/- 2 hours

14.09 An employee’s work schedule will be posted at least two (2) weeks in advance. Once posted, days off will not be changed without concurrence by the employee.

Article 15.00 - Government Security / Responsibility

15.01 The Company and all representatives of the Union having access to the premises and all employees are required to comply with applicable Government security regulations when performing work for the Government. The Company and the Union agree that security information will be revealed only to persons properly cleared and required by the Government to have the information.

15.02 Each employee shall be responsible for the reasonable care of the customer and/or Company furnished property or material and will notify the Company of any damage to Company, customer or employee property or material.

15.03 Each employee shall safeguard and protect government classified and company proprietary documents, material and equipment.

Article 16.00 - No Strike - No Lockout

16.01 It is expressly understood and agreed that the business of the Company is directly related to the important and vital work of the United States Government and that efficient and uninterrupted services must be furnished by those agencies who have need of and make use of the capabilities of the Company. Therefore, the parties agree that during the term of this Agreement:

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

b. The Company agrees that it will not engage in any lockout of employees during the term of the Agreement.

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

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

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

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

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

2) Immediately notify all employees in writing that such prohibited conduct is in violation of the Agreement,

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

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

g. Bargaining unit employees will not be requested or required to cross a sanctioned IAM picket line at any other Battlespace Flight Services LLC facility. If an employee encounters a picket line the employee should contact their supervisor.

Article 17.00 – Health and Welfare

17.01 Bargaining unit employees shall continue to participate in the Battlespace Flight Services health and welfare benefits plans and their participation shall be under the same terms and in the same manner as non-exempt, non-represented employees employed by Employer.

17.02 Employer’s Right to Modify Benefits. In any provision of this Agreement where employees covered by the Agreement are provided the same benefits as other non-exempt, non-represented employees of the Employer, the Employer has the absolute right to improve, change, or eliminate any of terms or conditions under which benefits are provided, the continuation, modification, or imposition of required employee’s contributions to any such plan, the provider, carrier, or other business entity through which any such plans are made available to employees, the elimination of such plans or the implementation of a new or different plan. The Union hereby expressly waives any such rights it might otherwise have to bargain about such changes or modifications, provided that the Employer has notified the Union and the affected members of the bargaining unit of the changes and any such changes are uniformly applied to and imposed upon all affected Battlespace Flight Services’ employees who are covered by the plan, regardless of whether they are in the bargaining unit.

17.03 Patient Protection and Affordable Care Act. The parties agree that the establishment of state sponsored insurance exchanges pursuant to the Patient Protection and Affordable Care Act (“PPACA”) in 2014 may create an opportunity to provide quality affordable health care coverage to employees on a more cost effective basis for the Employer than has previously existed.

Accordingly, at any time prior to December 31, 2014, either party may reopen this Agreement upon sixty (60) days written notice for the purpose of negotiating changes to Employer’s health insurance plan or the establishment of mechanisms and procedures to provide health insurance to employees through the exchanges in lieu of the Employer’s health insurance plan. If the parties are unable to reach an agreement on the foregoing, either party, with sixty (60) days’ written notice may terminate this Agreement in its entirety.

17.04 The Company will provide life insurance in the amount of $100,000.00 for each bargaining unit employee at no cost to the employee.

17.05 The Company agrees to pay 100% of the single premium for health and dental insurance for the life of this agreement.

Article 18.00 - Retirement Plan

18.01 Bargaining unit employees shall continue to be eligible to participate in the Battlespace Flight Services 401(k) Plan under the same terms and in the same manner as non-exempt, non-represented employees employed by Employer. Employer reserves the right to modify the 401(k) Plan as provided for in this Agreement.

18.02 BFS will re-instate the Company match to our current 401K plan to be effective on or before 1 May 2015. The Company will match $.50 on the dollar up to 6% of the employees voluntary wage deferral into the plan.

Article 19.00 - Uniforms

19.01 Each employee will be required to wear the uniform designated by the Company. The Company will provide the initial issue of such required uniforms at no cost to the employee.

19.02 Employees will be issued by the Company five (5) work shirts and a cold-weather jacket.

The Company will replace worn out uniforms.

19.03 Employees will be reimbursed up to $75.00 for the purchase of one pair of safety shoes annually. The employee must provide a receipt for the safety shoes to be reimbursed.

Article 20.00 - Temporary Duty within the US and US Territories/Possessions

20.01 A Temporary Duty (TDY) is considered as any company assigned duty, education, or function, away from the Creech AFB, Indian Springs, NV or Nellis AFB, Las Vegas, NV sites requiring a period of time longer than twenty-four (24) hours. A TDY roster of all qualified personnel will be maintained and used in the selection process by-the Company for offsite TDY assignments, except for educational and when the customer dictates in writing, or provides short notice, or critical skills are required. Such roster will be posted listing employees by seniority and qualifications.

a. When selecting TDY assignments, the top listed name on the TDY roster will be given first opportunity to accept or decline, and so on down the list. If all persons listed decline the assignment, then the least senior person will be required to accept the assignment.

b. The following employees will be considered exempt from TDY assignments: employees on approved leave and/or vacation; persons already on TDY status; persons enrolled in a Company training program of more than eight (8) hours.

c. When selecting for TDY education assignments the Company will select the employee(s) that the training, education or development opportunities necessary to develop their skills, knowledge and abilities for the performance of their duties. The Company will notify the employees of the classification(s) when there is job related training available so that interested employees may have an opportunity to express an interest for such training.

20.02 Working hours on TDY status will be set at the beginning of the assignment. If possible, the scheduled daily hours of work will be the same for a minimum of one (1) week. Overtime will be paid as stated in Article 12.00 of this Agreement.

20.03 Employees on TDY will be eligible for a daily meal per diem allowance and daily room allowances as stated in the Joint Travel Regulations (JTR) of the U.S. Government and mileage allowances permitted by Company policy for a given location for the period of actual deployment.

20.04 All employees on TDY will be covered by Company provided insurance to include life insurance, accidental death and dismemberment insurance and worker’s compensation insurance.

Such coverage is subject to any exemptions or exclusions stated in each policy listed.

a. Employees who are assigned to TDY and are required to travel will be compensated at their straight time hourly rate of pay for up to 8 hours per day for all time spent in travel.

20.05 No employee will be required to go TDY more than once every six (6) months unless all qualified employees have been rotated on TDY during that cycle except in cases of national emergency as determined by the Customer.

20.06 Employees will be provided the necessary special clothing and safety equipment required by conditions of the TDY which are equivalent to the Customer requirement for its own personnel.

Article 21.00 - Disciplinary Action

21.01 Disciplinary action shall be initiated in accordance with the Company Disciplinary Policy for just cause and any penalty imposed shall be consistent with proven offenses. It is agreed and understood by the parties that the concept of disciplinary action is to first correct the offending employee and all discipline imposed shall be consistent with the offense committed. In this regard, where it is reasonable to assume that a letter of reprimand will correct the offending employee, such course of action will be followed by the Employer.

21.02 Copies of written disciplinary action notices shall be given to…