Atch_4)_2015_BGI_Moody_IAMAW_Final_CBA.pdf

Collective Bargaining Agreement between

BGI, LLC

and

International Association of Machinists and Aerospace Workers

Local Lodge 2699

Moody Air Force Base

Valdosta, Georgia

Effective Date: October 1, 2015 http://www.google.com/url?sa=i&rct=j&q=&esrc=s&source=images&cd=&cad=rja&uact=8&ved=0CAcQjRw&url=http://www.military.com/equipment/a-10-thunderbolt-ii&ei=QL1cVcvyJMnPsAXW34OoDw&bvm=bv.93756505,d.b2w&psig=AFQjCNHgoY0pEsxg-Qnr_EEjB--IlZoDLQ&ust=1432227519274957

TABLE OF CONTENTS

Agreement

Preamble

Article 1 Recognition 3

Article 2 Management Rights 4

Article 3 Entire Agreement 4

Article 4 Assignment of Union Representatives 5

Article 5 Grievance Procedure 5

Article 6 Arbitration Procedure 6

Article 7 No Strike/No Lockout 6

Article 8 Bulletin Board 7

Article 9 Bargaining Unit Work 7

Article 10 Dues Check off 8

Article 11 Seniority 9

Article 12 Hours of Work 10

Article 13 Overtime 11

Article 14 Classification and Pay 11

Article 15 Compensation 12

Article 16 Holidays 12

Article 17 Vacations 13

Article 18 Bereavement Leave 14

Article 19 Sick/Personal Leave 14

Article 20 Jury Duty and Witness Pay 14

Article 21 Dress Code 15

Article 22 Leaves of Absence 15

Article 23 Military Leave 15

Article 24 Travel 16

Article 25 Tuition Reimbursement Plan 16

Article 26 Drug and Alcohol Testing 17

Article 27 New Jobs 17

Article 28 Effect of Law 17

Article 29 Successor and Assigns 18

Article 30 Non Discrimination 18

Article 31 Insurance Plans 18

Article 32

Article 33

Article 34

Article 35

Savings Plan

Promotions

Security & Safety

Duration and Termination

AGREEMENT

This Agreement made and entered into this 18th Day of May, 2015, to become effective October 1, 2015 by and between BGI, LLC (hereinafter referred to as Company) and the International

Association of Machinists and Aerospace Workers, Local Lodge 2699, hereinafter referred to as the

Union.

PREAMBLE

The Parties have entered into this Agreement for the purpose of setting forth, in writing, the understandings they have reached with respect to wages, hours and working conditions of the

Instructor/Subject Matter Experts and Technical Employees covered hereby, as well as to the rights of the Union and the Company, and to provide a peaceful means for the settlement of any disputes that may arise with respect to the interpretation or application of their understandings and agreements as set forth herein.

For purposes of simplicity, the masculine gender is used throughout this Agreement although it is understood that all references to gender include both sexes.

The Company and the Union separately and jointly recognize their obligation to abide by those state and federal laws relating to equal employment opportunity, OSHA, and non-discrimination.

However, it is agreed that such laws shall not be asserted as a basis for the exercise of rights or the conferral of benefits under this Agreement, and it is further agreed that claims of violation of such laws shall not be subject to the grievance and arbitration provisions of this Agreement.

ARTICLE 1

RECOGNITION

Section 1. The Company hereby recognizes the Union as the sole and exclusive bargaining representative of employees of BGI, LLC performing work at the Moody Air Force Base, under

EC-130/A-10 CAT/CWD contract No. FFA-4890-13-C-0008, for the purpose of collective bargaining with respect to wages, hours of work and other conditions of employment of employees in the bargaining unit as herein defined.

Section 2. The Employer and the Union agree that the employees covered by this Agreement shall consist of the following: All full-time and part-time employees employed by BGI, LLC at Moody

Air Force Base, Georgia under EC-130/A-10 CAT/CWD contract No. FFA-4890-13-C-0008 and its successor contracts, including Instructor/Subject Matter Expert and excluding supervisors and managers, office clerical, professional employees and guards as defined by the National Labor

Relations Act, and all other employees of BGI, LLC, including those employees on contracts other than those identified above.

Section 3. The specific terms of this contract shall be the sole source of any rights that may be asserted by the Union against the Company.

ARTICLE 2

MANAGEMENT RIGHTS

Section 1. Except as modified by a specific provision of this Agreement, the Company reserves and retains all of its normal and inherent rights with respect to the management of the business, including (without limiting the generality of the foregoing) its right to establish or continue policies, practices, and procedures for the conduct of the business; to select and direct the working force, to establish, eliminate, change or combine work schedules and work assignments, which are not in conflict with the terms of this Agreement; to transfer, promote or demote employees, or to lay off, terminate or otherwise relieve employees from duty for lack of work or other legitimate reasons; to make and enforce reasonable rules for the maintenance of discipline; to suspend, discharge or otherwise discipline employees for just cause; to establish the methods, processes and means of providing services; and otherwise to take such measures as management may determine to be necessary to the orderly, efficient or economical operation of the business. It is understood and agreed that any of the powers and authority which the Company had prior to the signing of this

Agreement are retained by the Company except those specifically modified, delegated or granted by this Agreement.

Section 2. The Company’s failure to exercise any right, prerogative, or function hereby reserved to it, or the Company’s exercise of any such right, prerogative, or function in a particular way, shall not be considered a waiver of the Company's right to exercise such right, prerogative, or function or preclude it from exercising the same in some other way not in conflict with the express provisions of the Agreement.

ARTICLE 3

ENTIRE AGREEMENT

This Agreement expresses the complete understanding of the parties on the subject of wages, hours of labor and conditions of employment. The Union and the Company, for the life of this

Agreement, each voluntarily and unqualifiedly waives the right and each agrees the other shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiate or sign this

Agreement. Where absent in this Agreement or with respect to Law, Company Policy prevails.

ARTICLE 4

ASSIGNMENT OF UNION REPRESENTATIVES

Section 1. It is hereby understood and agreed that the Union may assign one (1) Lead Union

Representative and one (1) Alternate Union Representatives to represent bargaining unit employees. The Alternate Union Representatives may act in the absence of the Lead Union

Representative. The Union shall notify the Company in writing on Union letterhead of the individuals so selected in this capacity.

Section 2. It is agreed that Union Representatives have full-time job duties to perform as employees and that they shall keep time spent in handling grievances to a minimum.

Section 3. The Company recognizes and will work with Union Representatives to resolve differences that may occur from time to time with respect to the terms and conditions of this

Agreement. A Union Representative shall not leave the job to handle a grievance unless he has received permission from the BGI Program Manager or his designated representative.

ARTICLE 5

GRIEVANCE PROCEDURE

Section 1 "Grievances" shall mean, and be limited to, disputes or differences between the

Company and the Union, or employees so represented, with respect to the interpretation or application of any specific provision of this Agreement. Both parties agree to use their best efforts, including informal meetings involving Management and the Grievant, to resolve matters without resorting to the grievance procedure except that any such meetings shall not extend the time limits set forth in this Article. In the event such informal methods do not resolve the grievance, all grievances shall be reduced to writing and processed in accordance with the following steps:

Step 1: The employee(s), with their steward, shall bring any alleged violation of the Agreement to the Program Manager within five (5) working days. In the event an employee is unavoidably absent due to illness or injury, or unavailable due to vacation or other approved reasons, the employee's Union representative may bring the grievance to the Program Manager.

Step 2: If the issue is not resolved in Step 1, the employee(s) can file a written grievance on the appropriate form with the Manager within five (5) working days after the Step 1 meeting or teleconference, and a meeting or teleconference will be arranged within five (5) working days. The

Manager will give a written response to the Steward within five (5) working days after the Step 2 meeting or teleconference.

Step 3. If the grievance is not resolved within the first two steps, it may be appealed to the third step by written notice to the Company within five (5) working days of the Step 2 reply. The

Program Manager or designee and the Business Representative of the Union, shall schedule a meeting within ten (10) working days after receipt of the appeal to the third step. A written reply from the Company designee will be given to the Union Business Representative within five (5) working days after the meeting.

Failure of the Union to act within the time limits set forth in any step shall cause the grievance to be waived. Time limits in this grievance procedure may be extended through mutual written agreement.

Section 2. If it is desired to appeal the grievance to Arbitration, a copy of the grievance appeal will be presented to a Human Resources Representative within ten (10) regular working days after the Company’s Third Step disposition is received by the Union.

Section 3. Any letters of understanding signed by the Company and the Union will be subject to the grievance and arbitration procedures contained in this document.

ARTICLE 6

ARBITRATION PROCEDURE

The party choosing to arbitrate shall give written notice to the other party setting forth the matter to be arbitrated. If said notice is not served within ten (10) regular working days after the Company’s

Second Step disposition is received by the Union, it shall be deemed that the grievance has been satisfactorily adjusted and the right to arbitrate waived.

In the event the Union or the Company submits a grievance to arbitration, a representative selected by the Union shall meet with a representative selected by the Company within ten (10) regular working days of receipt of the above notice and attempt to agree on an arbitrator. In the event the parties cannot agree on an arbitrator within (10) working days, the parties will petition with the

Federal Mediation and Conciliation Service for a panel of seven (7) arbitrators. In the latter case, the petitioner has the first right to strike a name; the other party shall then strike a name. This procedure shall continue alternately until one (1) name remains.

The decision of the arbitrator shall be final and binding on all parties. However, the arbitrator shall not have jurisdiction or authority to add to, subtract from, modify or in any way change the provisions of this agreement. The expense and fees of the arbitrator shall be borne fully by the losing party.

ARTICLE 7

NO STRIKE/NO LOCKOUT

Section 1. During the term of this Agreement, the Union, its officers, agents, representatives and members covered by this Agreement, agree that there shall be no strikes, concerted failure to report for duty, concerted absence of employees from their positions, concerted stoppage of work, concerted submission of resignations, concerted abstinence in whole or in part by any group of employees from the full and faithful performance of their duties of employment or acts of a similar nature which would interfere with production. Should the Union or employees covered hereunder breach this Article, the Company may discipline the employees involved up to and including discharge. In such event, the Union or affected employee may grieve disciplinary actions taken against any such employee only with regard to a question of an employee's participation in any of the above described activities. However, once participation has been established, management's actions are no longer subject to the grievance procedure. In the event that employees cease work in violation of this Article, such employees shall not be entitled to any benefits or wages while they are engaged in such cessation of work.

Section 2. The Company agrees that for the duration of this Agreement there shall be no lockouts. A lockout as mentioned herein shall not be construed as the closing down of the operation or any part thereof or curtailing any operations for business reasons.

ARTICLE 8

BULLETIN BOARD

The Company agrees to provide bulletin board space in the working area for the purpose of posting legitimate Union notices. This bulletin board may be used by the Union for the purpose of conveying official information from the Union to bargaining unit employees. The Union shall be the sole user of the bulletin boards and only documents which constitute official Union business will be posted. The Union will not use the bulletin board to criticize the Company or its agents in any respect. All information to be posted is subject to advance approval of the BGI Program

Manager for compliance with the standards set forth in this Article. The Company will not remove information which it has approved for posting on the bulletin board.

ARTICLE 9

BARGAINING UNIT WORK

Section 1. The Company shall retain the right to determine the number of employees necessary to accomplish the work called for in providing services under its contract with the Air Force. In the event that the Company decides to use part-time workers, currently employed bargaining unit employees will be offered the opportunity to voluntarily switch to part-time status. Qualified employees who were previously laid off or retired will be given first right of refusal for such part-time positions in the event that no current bargaining unit employees switch to part-time status. In that event, laid-off employees will be given the first opportunity, using the recall procedures specified in Article 11 Seniority.

Section 2. Part-time employees are compensated at the same wage rate as full-time employees and are paid for each hour worked. Part-time employees are compensated for benefits on a "cash in lieu" basis for each hour worked based on the amount paid full time employees in Article 31

Insurance Plans and are compensated on a pro-rata basis for holiday and vacation pay for each hour worked. Holiday and vacation pay calculations for part-time employees will be based on the formula specified:

Under 5 years, 59 months or less - hourly rate times 160 divided by 2080

Example: Pay rate - $28.99 * 160/2080 = $2.23

Over 5 years, 60 months plus - hourly rate times 200 divided by 2080

Total part-time hourly rate - $28.99 + $2.56 (cash in lieu) + $2.23 (holiday/vacation) = $33.78/hour

a) Part-time employees are eligible to participate in the Company 401(k) Plan. Part-time employees will be eligible for company match employee deferrals as identified in Article 32 Savings Plan.

b) In the event a part-time employee reports to work and is unable to perform his duties as a result of an operational schedule change or trainer failure, he will be compensated a minimum of two (2) hours pay.

c) Part-time employees are those instructors who normally work less than 30 hours per week and work on an "on call" basis to meet the requirements of the daily schedule.

Part-time status is conveyed in the employee's offer letter. Changes from part-time to full-time status are made through a formal offer letter.

ARTICLE 10

DUES CHECKOFF

Section 1. Upon notification of a signed authorization of the employee involved, the

Company shall deduct from the employee's pay, the initiation fee, if any, and dues payable by him to the Union during the period provided for in said authorization. Deductions shall be made on account of dues and/or initiation fees, if appropriate, from the Union member's paycheck on a semi-monthly basis after receipt of the authorization and semi-monthly thereafter from each paycheck of the employee in each month.

Section 2. The sums deducted as stated above shall be forwarded to the designated financial officer of the Union no later than the twentieth-fifth day of the month in which the deductions are made.

Section 3. The Union will indemnify and hold the Company harmless from and against any;

and all claims, demands, charges, complaints or suits instituted against the Company which are based on or arise out of any action taken by the Company in accordance with or arising out of the foregoing provisions of this Article, or in reliance on any list, notice or assessment furnished under any of such provisions.

ARTICLE 11

SENIORITY

Section 1. Definitions.

a) Seniority. Seniority shall mean an employee's length of continuous service on current or predecessor contract(s). If application of the preceding sentence results in two (2) or more employees having the same seniority date, the employee with the earliest date of birth shall be deemed most senior. Seniority shall be applicable only as expressly provided in this Agreement.

b) Seniority List. The Company will publish and display a seniority list showing dates of hire for all employees, by classification, within sixty (60) days of the effective date of this Agreement and, subsequently, when a change in the Seniority list occurs.

c) New Hires. New employees shall be on probation for ninety (90) work days from the initial hire date during which time they may be discharged at the sole discretion of the

Company. If retained after the probationary period, their names shall be placed on the Seniority

List as of their date of hire. New employees previously working under EC-130/A-10 CAT/CWD contract No. F44650-03-C-0007, and hired as the result of a successor contract will not be placed on probation. Their names shall be directly placed on the Seniority List as of their original date of hire on predecessor contracts.

Section 2. Both parties hereto agree that seniority should receive recognition in case of promotion. Both parties further agree that the principle of seniority, where qualifications, productivity and dependability are reasonably equal, shall be used for promotion or for retention in case of a reduction in force.

Section 3. Layoff and Recall

a) Layoff. When the Company is considering which employees to layoff within a job classification, the first selection would be part-time employees, followed by probationary employees, and then full-time employees in reverse seniority order. The Company will provide at least two (2) weeks advance notice to those employees affected by any layoff or provide for pay in lieu thereof.

b) Notice of Recall. The Company will forward notice of recall by certified mail to the last known address of the employee reflected on Company records. A laid-off employee shall promptly notify the Company of any change of address. The employee must, within three (3) calendar days of delivery or attempted delivery of the notice of recall, notify the Company of his intent to return to work on the date specified for recall and thereafter return to work on such date. It is agreed that, when possible, the Company will allow recalled employees up to two (2) weeks to return to work. Employees who fail to properly notify the Company of their intent to return to work or fail to return to work as scheduled will be considered as a voluntary quit.

Section 4. Termination of Seniority. An employee's seniority shall be terminated and his rights under this Agreement forfeited for the following reasons:

a) Discharge for just cause, retirement, or voluntary resignation (quitting for whatever reason);

b) Failure to give notice of intent to return to work after recall within the time period specified in Section 3(b) of this Article, or failure to return to work on the date specified for recall, as set forth in the written notice of recall;

c) Time lapse of twelve (12) months, or for a period equal to the employee's seniority (whichever is less), since the last day of actual work for the Company, regardless of reason except for military duty, injury or illness.

d) Failure to return to work upon expiration of a leave of absence, unless the

Company, in its sole discretion, determines that it is legally obligated to extend the leave of absence.

Section 5. The Company shall notify the employee and the Union, in writing, of the reason for termination within five (5) working days of such action.

ARTICLE 12

HOURS OF WORK

The normal work week will begin at 12:01 a.m., Saturday, and end at 12:00 midnight the following

Friday. The normal but not guaranteed work week for each employee shall consist of five (5) days per week from Monday through Friday. An employee’s schedule will be one in which the employee's normal but not guaranteed work week is a forty (40) hour, five (5) day per week schedule. The hours of operation are defined in the Company's contract with the Air Force. The

Union acknowledges the responsibilities of the Company's operation as they are related to the support of the United States Air Force objectives. The parties realize the USAF may, from time to time, make unusual and immediate demands in conjunction with support requirements.

Consequently, all personnel may be called upon to perform whatever duties are required for adequate performance of support requirements for the mission and operational capabilities for the

EC-130/A-10 CAT/CWD contract.

a) A standard shift is defined as hours worked between 6 AM and 8 PM. Any employee who is scheduled to work outside of this standard shift (6 AM to 8 PM), will be paid a shift differential pay for all time worked outside of the standard shift time. Shift differential is 10% of the base hourly rate of pay. This provision applies only to scheduled shifts. If an employee voluntarily offers or desires to work a different shift or work outside of the standard shift for personal reasons, shift differential will not be paid.

This does not preclude one individual from swapping scheduled shifts with another individual and receiving appropriate pay for the shift actually worked. Further, overtime and shift differential will not be paid concurrently. If an employee is scheduled to work a standard shift and “acts of God” or maintenance problems require an extension of the work hours beyond the standard shift times, shift differential will not be paid. However, in this circumstance, the employee will still have the rights to a forty

(40) hour work week. BGI management will make every effort to work with all employees as a team to address individual requirements and other issues which might arise from the implementation of this policy.

b) Employees will normally not be scheduled to work within twelve (12) hours of their previous day ending time without their concurrence.

Abnormal Plant Shutdowns. The Company will compensate employees four (4) hours every day, including cash-in-lieu, who are told not to report or are sent home, as directed by the Company, for those periods of time when weather related shutdowns, safety stand-downs, government mandated holidays, periods of national mourning, or inoperable training devices necessitate partial workday(s) or temporary closing of facilities.

ARTICLE 13

OVERTIME

Section 1. Overtime, at one and one-half (1.5) times the regular straight time rate will be paid for work in excess of forty (40) hours in a workweek.

Section 2. There shall be no duplication or pyramiding of overtime payments.

Section 3. An employee called back to work, outside his normal shift schedule, will be paid at the overtime rate for the hours actually worked or be paid a minimum of four (4) hours straight time pay, whichever is greater.

Section 4. Double-time will be paid for all work performed on the 7 th consecutive day of work, regardless of the pay period. For purposes of this section, holidays do not constitute a day of work unless the employee actually works that day; in which case, holiday pay will apply as well as 7 th consecutive day pay.

Section 5. The BGI Program Manager must approve all overtime.

ARTICLE 14

CLASSIFICATION AND PAY

Section 1. The Company may temporarily upgrade an employee to a higher paid classification.

If the employee works in the higher paid position for 7 calendar days, the employee shall receive the rate authorized for the classification of work that he is performing.

Section 2. All wages payable to employees hereunder shall be paid semi-monthly. Automatic

Deposit of payroll checks, if available, shall be granted at each employee's discretion with proper authorization.

Section 3. Re-assignments. When an employee is downgraded for any reason their hourly rate will be reduced to the hourly rate of the employee’s new job classification.

ARTICLE 15

COMPENSATION

Section 1. The current wage rates of the bargaining unit employees will remain in effect until

September 30, 2019. The following wage rates will be effective October 1, 2015 and for the period of this Agreement and apply to all bargaining unit employees:

Current 10-01-15 10-01-16 10-01-17 10-01-18

Instructor/SME $37.46 $42.79 $43.43 $44.30 $45.19

Section 2. Lead Instructor Recognition: The Lead Instructor will receive $1.25 per hour above their base rate effective 10/1/15.

Section 3. Employees reporting for work will receive a minimum guarantee of four (4) hours work or pay.

ARTICLE 16

HOLIDAYS

The following ten (10) days each year shall be paid holidays and employees will receive eight (8) hours pay at their working rate of pay:

New Year's Day Labor Day

Martin Luther King Day Columbus Day

Presidents' Day Veterans' Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

Any holiday falling on a weekend day will be celebrated on the day set by the Air Force.

Employees will not be required to work on a holiday except where dictated by the operational needs of the Air Force or the Company.

At the sole discretion of the BGI Program Manager, employees will be allowed to “float” a designated holiday to another day in the same calendar year.

Employees scheduled to involuntarily work on a day observed as a holiday as set by the Federal

Government shall be paid time and a half their regular hourly rate of pay in addition to holiday pay.

ARTICLE 17

VACATIONS

Section 1. The qualifying period for vacations shall commence with the original date of employment by BGI of the respective employee, as outlined in the Federal Government’s Wage

Determination, and shall be measured on the basis of an employee’s anniversary date. Effective

October 1, 2015 paid vacation will be awarded as follows:

YEARS OF SERVICE VACATION ACCRUAL

One year but less than five years 80 hours

Five years but less than fifteen years 120 hours

Fifteen years or more 160 hours

Section 2. Employees may carry over a maximum of 80 hours from one contract year to the next.

Section 3. There will be no pay in lieu of time off for vacation. The intent of this provision is to cause each employee to use the vacation awarded for time off. Vacations shall be paid at the employee's working rate of pay at the time the vacation is taken.

Section 4. Vacations shall be taken at such time as designated by mutual agreement between the Company and employee and shall not be canceled unless required by the operational needs of the Air Force or the Company. Vacations can be taken in hourly increments as desired, consistent with scheduling needs of the Company.

Section 5. Employees will accrue vacation based on the above schedule on a semi-monthly basis.

Section 6. New hire employees who have successfully completed the ninety (90)-day probationary period, will be permitted to take vacation based on their accrual.

Section 7. Employees will be permitted to carry a negative vacation balance of forty (40) hours.

Section 8. All accrued and unused vacation will be paid out to employee upon termination or to the employee’s estate upon death.

ARTICLE 18

BEREAVEMENT LEAVE

Section 1. Effective the date of this Agreement, full-time employees who have completed their probationary period with the Company shall be given up to five (5) days (40 hours) off with pay to bereave and attend the funeral of a member of his immediate family. “Immediate family” shall be considered to be: spouse, son, daughter, stepson, stepdaughter, mother, father, stepmother, stepfather, brother, sister, stepbrother and stepsister. Full-time employees who have completed their probationary period with the Company shall be given up to three (3) days (24 hours) off with pay to bereave and attend the funeral of a member of his non-immediate family. “Non-immediate family” shall be considered to be: mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandmother, grandfather, and grandchild.

Section 2. If requested, up to forty (40) additional work hours off, without pay, may be granted at the discretion of the Company upon request of the employee. The employee shall choose to use vacation or sick leave in lieu of time off without pay.

ARTICLE 19

SICK/PERSONAL LEAVE

Section 1. Effective October 1, 2015 the Company will provide sick/personal leave to bargaining unit employees. Ten (10) days of sick leave may be taken within each contract year

(Oct 1-Sept 30) at the employee's then current hourly schedule.

Section 2. New employees will be eligible to take sick/personal leave after they have completed ninety (90) work days of employment as found in Article 11 Seniority. This will be calculated on a pro-rata basis from date of hire through the end of the contract year.

Section 3. Any unused sick/personal leave during each contract year will not be carried over into the following contract year or paid out to the employee.

ARTICLE 20

JURY DUTY AND WITNESS PAY

Bargaining unit employees who are required by proper court order or summoned to be absent from work in connection with jury duty will be paid at their regular straight time wage rate, pursuant to

Company policy. Employees called for jury duty and released by court with less than four (4) hours of service will be expected to return to work. The Company agrees not to change its policy during the term of this Agreement.

ARTICLE 21

DRESS CODE

All employees shall maintain a neat and professional appearance. The dress code at the site will be in accordance with the dress and security/identification requirements of the contract.

ARTICLE 22

LEAVES OF ABSENCE

Section 1. Leaves of absence without pay may be granted at the sole discretion of the Company upon request by an employee, for a period not to exceed ninety (90) calendar days. Except in cases of emergency, employees must request such unpaid leaves to the BGI Program Manager at least five (5) calendar days prior to the date the unpaid leave would begin. The request must be in writing and include the reason(s) and length of time being requested.

Section 2. Employees on unpaid leaves of absence shall retain seniority while on leave, consistent with Article 11, Section 4. An employee shall lose his seniority and be terminated for the following:

a) Failure to return from a leave of absence on the agreed upon date;

b) Falsifying a reason for a leave of absence; and/or;

c) Becoming gainfully employed during a leave of absence without prior approval from the Company.

Section 3. Any requests for extensions past the ninety (90) days may be granted at the sole discretion of the Company.

Section 4. The Company agrees to follow state and federal statutes regarding the Americans with Disabilities Act (ADA).

Section 5. Maternity Leave. Employees shall he allowed maternity leave on the same basis as employees with any other non-pregnancy related disability.

ARTICLE 23

MILITARY LEAVE

Section 1. The Company agrees to pay employees who are members of an active, organized military reserve component, and who take leaves of absence for military reserve field duty service or encampment the difference between their military pay and their regular pay for a maximum period four (4) calendar weeks (twenty (20) working days) per year.

Section 2. The Company agrees to pay employees who are called to and perform short-term active duty, not including annual active duty and training, as members of the United States Armed

Forces Reserve or the National Guard an amount equal to the difference in the pay they receive for performing such duty and the amount they would receive in pay from the Company for hours they would have been scheduled to work had they not been required to perform such duty.

Section 3. The employee shall be paid his current basic hourly rate.

Section 4. The employee should refer to the BGI Military Leave Manual (HR-M02) and BGI

Military Leave of Absence Notification (HR-F04) for additional information regarding health and welfare benefits, return from military leave and reemployment opportunities. The Company will notify the Union of any changes related to this Policy.

ARTICLE 24

TRAVEL

Section 1. Employees will be paid in accordance with a) and b) below when they are required to travel more than 25 miles from the normal work place to perform duties for the Company.

a) An employee, while on travel status, will be paid for:

1) All actual work time when such work has been assigned and approved in advance; and

2) Actual travel time by any conveyance; provided, however, that hours paid under 1) and 2) of this paragraph shall not be duplicative.

b) On the days of travel to and from a temporary work site the travel time shall commence when the employee departs home/hotel and cease when the employee reaches home/hotel. Should travel be necessary outside an employee's normal daily work shift, the employee shall be paid in accordance with overtime rules as though they were at their normal duty location.

Section 2. The Company will provide reimbursement of expenses or per diem per current

Company policy.

ARTICLE 25

TUITION REIMBURSEMENT PLAN

The Company will provide a tuition assistance program that grants educational financial assistance to employees that enroll in and successfully complete accredited courses with a satisfactory grade according to current Company policy per BGI HR-P05 Tuition Assistance Program. The Company agrees not to change its policy during the term of this Agreement.

ARTICLE 26

DRUG AND ALCOHOL TESTING

The Company and the Union are committed to providing employees with a drug-free and alcohol-free workplace. It is the goal of both parties to protect the health and safety of employees and to promote a productive workplace, as well as to protect the reputation of the Company, the Union and the employees. Consistent with these goals, the Company prohibits the use, possession, distribution or sale of drugs, drug paraphernalia or alcohol on Company premises. The Company also prohibits an employee from being under the influence of illegal drugs or alcohol while at work. Bargaining unit employees may be subject to drug and alcohol testing. The Company agrees that any such testing will be conducted in compliance with applicable federal or state regulation. Pre-employment drug testing as a condition of employment is at the discretion of the

Company.

ARTICLE 27

NEW JOBS

Section 1. When new bargaining unit jobs are required that cannot be properly encompassed within an existing job specialty, the Company will notify the Union of the requirements. The

Union shall have thirty (30) days from the date of establishment in which to request collective bargaining regarding the rate of pay.

Section 2. The Company has the right to determine the job qualifications. Copies of job descriptions and required qualifications shall be retained by the BGI Program Manager and shall be made available to employees upon request. The Union shall be advised, in writing, of any revisions or modifications of job descriptions or qualifications.

ARTICLE 28

EFFECT OF LAW

Section 1. In the event that any federal or state legislation, governmental regulations or court decisions cause invalidation of any article or section of this Agreement, all other articles and sections not so invalidated shall remain in full force and effect.

Section 2. Within thirty (30) calendar days, the Company and the Union shall meet to attempt to negotiate new contract language to replace the particular clause(s), which was invalidated by federal or state legislation.

ARTICLE 29

SUCCESSORS AND ASSIGNS

This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their successors and assigns; but in the event the Company ceases to perform on the contract as identified in Article 1, The Company shall be released from all obligations on the project(s) so affected under this Agreement.

ARTICLE 30

NON-DISCRIMINATION

The Company and the Union agree not to discriminate against any employee covered by this

Agreement because of age, race, color, religion, sex, national origin, marital status, genetic information, disability, protected veteran status, or any other protected category under state or federal law with respect to all terms and conditions of employment. Claims of such discrimination will not be subject to the grievance and arbitration provisions of this Agreement. The Company and the Union agree not to unlawfully discriminate against or harass any employee because of membership in or non-membership in the Union.

ARTICLE 31

INSURANCE PLANS

Section 1. Effective October 1, 2015, the Company will provide a cash supplement, based on the below schedule, per hour, for all hours paid not to exceed 40 hours per week to be used by the employee to purchase health and welfare benefits. Any unused monies will remain with the employee, unless otherwise required by law. All issues such as eligibility, enrollment, and claims will be as specified in the plan documents. The supplement schedule is:

Current 10-01-15 10-01-16 10-01-17 10-01-18

Cash in lieu $4.02 $5.93 $6.02 $6.11 $6.20

Section 2. The Company will offer the option to purchase group medical insurance for employees and their dependents which provide the same coverage, benefits and employee costs as the medical insurance provided to non bargaining unit employees on a company-wide basis. All issues such as eligibility, enrollment, and claims will be as specified in the plan documents.

Bargaining unit employees may use some or all of their pay in lieu of benefits to purchase medical insurance.

ARTICLE 32

SAVINGS PLAN

Section 1. The Company will provide a 401(k) Savings Plan for employees, to which plan eligible employees may defer compensation within limitations provided by law and the plan document. All conditions of participation, eligibility, vesting, and distribution of benefits will be governed by the plan document.

Section 2. Effective October 1, 2015, the Company will match employee contributions on a semi-monthly basis of up to 4% of eligible employee’s semi-monthly gross salary. Eligible gross salary is base hourly pay rate times hours worked for the plan year, as defined in the plan document. The maximum annual company contribution is four percent (4%) of the employee’s annual salary base, or $3,726.53, whichever occurs first during each plan year (Jan 1-Dec 31).

ARTICLE 33

PROMOTIONS

Section 1. The Company will endeavor to transfer employees to higher paid positions from within the bargaining unit if available employees have the qualifications, skills and ability necessary to do the work. If two or more employees are eligible and express interest seniority shall govern if qualifications are substantially equal.

Section 2. The Company will notify the bargaining unit employees of any openings to be filled within the bargaining unit prior to filling the position.

Section 3. Upgraded employees will be considered on probation in new positions for ninety

(90) calendar days after upgrading. During this period, the Company may, at its discretion act to reclassify the employee to their former occupation if determined, by the Manager or his designee, that the employee is not meeting the qualifications for that job classification.

ARTICLE 34

SECURITY & SAFETY

Section 1. The Union recognizes that the Company may now have, or may incur in the future, obligations with respect to the security of information and materials under contract with the government.

The Union agrees that nothing contained in this Agreement shall place the Company in violation of security agreements with the government.

It is understood by and between the parties hereto that as a necessary condition of continued employment, employees shall be subject to investigation for security clearance or national agency check and/or unescorted entry authorization under regulations prescribed by the Department of

Defense, or other agencies of the United States government on government work, and that denial of such clearance and/or unescorted entry authorization by such governmental agency shall be cause for release from the Company due to inability to meet job requirements.

It is understood that there shall be no liability on the part of the Company for any release growing out of the denial of clearance and/or unescorted entry authorization by the United States government.

Section 2. Nothing in this agreement shall require the Company to employ or continue to employ or give access to any of its facilities or work locations, any person or persons to whom the cognizant Security Agency, in the interest of security against espionage or subversive activity, refuses to give access to classified information and/or work. However, the Company will give consideration to assigning an employee in his job title to an area for which he is qualified and a clearance is not required.

Section 3. The Company will continue to make reasonable provisions for the safety and health of employees. The Union shall have the right to confer with the Company on matters pertaining to safety of the employees.

Section 4. The Company will reinstate the seniority of an employee whose denied security clearance is reinstated by the federal government under the normal appeal period. The employee whose seniority is reinstated under this provision will be reinstated in his previously held occupational title.

ARTICLE 35

DURATION AND TERMINATION

Section 1. Expiration Date. This Agreement shall continue in full force and effect through

September 30, 2019.

Section 2. Notice to Modify or Terminate Automatic Renewal. This Agreement shall continue in effect for successive yearly periods after September 30, 2019 unless notice is given in writing by either the Union or the Company to the other party at least sixty (60) days prior to

September 30, 2019, or prior to subsequent termination dates after September 30, 2019. If such notice is given, this Agreement shall be open to modification, amendment, or termination, as such notice may indicate, on October 1, 2019, or the subsequent anniversary date, as the case may be.

Section 3. Waiver of Bargaining During Contract Term. The Union and the Company, for the life of this Agreement, each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to in this Agreement, or with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this

Agreement.