ATCH_4-Combined_CBA_and_WD_for_DM_C2.pdf

EC-130/A-1O CAT/CWD

DAVIS-MONTHAN

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

C2 TECHNOLOGIES, INC. and

INTERNATIONAL ASSOCIATION OF

MACHINISTS AND AEROSPACE

WORKERS, AFL-CIO

and its

LOCAL LODGE 2949

Effective Date: 1 October 2015

Table of Contents

AGREEMENT 3

PREAMBLE 3

ARTICLE 1-RECOGNITION 3

ARTICLE 2-RIGHTS OF MANAGEMENT 4

ARTICLE 3-UNION AND COMPANY RELATIONS 4

ARTICLE 4-GRIEVANCE PROCEDURE AND ARBITRATION 7

ARTICLE 5-SENIORITY 9

ARTICLE 6-WORKWEEK, HOURS OF WORK, SHIFTS 11

ARTICLE 7-OVERTIME 13

ARTICLE 8-LEAVE OF ABSENCE 13

ARTICLE 9-SAFETY 13

ARTICLE 10-SEPARABILITY 14

ARTICLE 11-MISCELLANEOUS 14

ARTICLE 12-WORK FORCE ADMINISTRATION 17

ARTICLE 13-JURY AND WITNESS DUTY 17

ARTICLE 14- SHORT-TERM MILITARY DUTY 18

ARTICLE 15-RATES OF PAY 18

ARTICLE 16-VACATIONS 19

ARTICLE 17 PERSONAL TIME OFF (PTO) 21

ARTICLE 18-HOLIDAYS 22

ARTICLE 19-GROUP BENEFITS 22

ARTICLE 20-SAVINGS PLAN 23

ARTICLE 21-DURATION 23

AGREEMENT

This Agreement made and entered into this 6th day of August 2015 to become effective October 1, 2015 by and between C2 Technologies, Inc., (hereinafter referred to as “the Company”) and the International Association of Machinists and Aerospace Workers, AFL-CIO, and its Local Lodge No. 2949 (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 Aircrew Instructors 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 pronoun is used throughout this Agreement although it is understood to represent both genders.

ARTICLE 1-RECOGNITION

Section 1.1 The Company hereby recognizes the Union as the sole and exclusive bargaining representative of Employees of C2 Technologies, Inc. performing work at Davis Monthan Air Force Base, in the bargaining unit under EC-130/A-10 CAT/CWD contract No. FA4890- 13-C-0008 for the purpose of collective bargaining with respect to wages, hours of work and other conditions ot employment of Employees in the bargaining unit as herein defined.

Section 1.2 Bargaining Unit. The Company and the Union agree that the Employees covered by this Agreement shall consist of the following: The fuiltime and part time Employees employed by C2 Technologies, Inc. on the EC-130/A-10 Contract Aircrew Training and Courseware Development Program at Davis Monthan AFB, Arizona under EC-130/A-10 CAT/CWD contract No. FA4890-13-C-0008 and its successor contracts as follows: Instructor/Subject Matter Expert, Graphic Artist, Educational Technologist, Programmer IV, Courseware Production Specialist and Word Processor II excluding supervisors and managers, office clerical, professional Employees and guards as defined by the National Labor Relations Act, and all other Employees of C2 Technologies, Inc. including those Employees on contracts other than those identified above.

Section 1.3 Company employees in Job Classification not covered by this agreement shall not perform work performed by employees in the bargaining unit, except in cases of emergency, research work, audit, experimental, training to instruct employees properly, or to maintain proficiency. The term “emergency” is defined to mean an unforeseen combination of circumstances. The Company agrees that none of the above circumstances will cause a bargaining unit employee to be laid off, replaced or displaced from the bargaining unit nor shall it cause any bargaining unit employee to be excluded from overtime.

Section 1.4 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-RIGHTS Of MANAGEMENT

Section 2.1 The Management of the Company and the direction of the work force are vested exclusively in the Company subject to the terms of this Agreement. All matters not specifically and expressly covered or treated by the language of this Agreement may be administered for its duration by the Company in accordance with such policy or procedure as the Company from time to time may determine. The Company does have the right to subcontract work and designate the work to be performed by the Company and the places where it is to be performed, which right shall not be subject to arbitration.

ARTICLE 3-UNION AND COMPANY RELATIONS

Section 3.1 Union Access to Operations. The Company agrees that the Business Representative and/or Grand Lodge Representative of the Union will be allowed access to the premises, subject to approval of the Air Force for the purpose of representing the Bargaining Unit Employees.

Prior to a Union Representative visiting the shop, the Union will notify the Site Manager or his designee as to the purpose of the visit. Such visits shall not unduly interfere with production or work being performed. The Union Representative shall notify the Site Manager or his designee when he is arriving at and leaving the Company’s operations.

a. The Company, if it desires, may have a Company Representative accompany the Union Representative while he is visiting its operations. The Company shall allow the Union Representative privacy upon request for the purposes of conducting Union business.

Section 3.2 Strikes. 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, sympathy 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, through the grievance or arbitration procedure, 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 3.3 Lockouts. 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.

Section 3.4 Dues Check Off. Upon receipt 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 monthly basis after receipt of the authorization and monthly thereafter from one paycheck of the Employee in each month. Employees working less than fifteen (15) days per month may pay dues directly to the Union.

It is agreed between the Company and the Union that any Employee in the bargaining unit defined in Article 1 of this Agreement, who is or may hereafter become a member of the Union, may authorize the collection of Union dues by the signing of a payroll deduction form. The Employee’s authorization shall be irrevocable for a period of one (1) year from the date it is signed or until this Agreement expires whichever occurs sooner, irrespective of the employee’s membership status in the Union. The Union dues formula will be two (2) times the Employee’s regular hourly wage per month, deducted on a bi-weekly basis.

Employee regular hourly wage is defined as minus any add rates or premiums, such as night shift premiums, odd work Lead man.

a. The sums deducted as stated above shall be remitted to the Union and submitted to lAM Headquarters, Attn: Reports Department, 9000 Machinists Place, Upper Marlboro, MD 20772-2687 no later than the twenty-fifth (25th) day of the current month for which the deductions are made. The Company shall furnish the Union official monthly, with a record of those for whom deductions have been made and the amounts of the deduction, and the names of those employees from whom deductions were not made and the reasons they were not made.

b. The Union will indemnity 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.

c. This authorization and assignment shall continue in full force and effect for yearly periods beyond the irrevocable period set forth above, and such subsequent yearly period shall be similarly irrevocable unless revoked within ten (10) calendar days but not less than three (3) days prior to the date of termination of any irrevocable period hereof. Such revocation shall be effected by written notice to the Company, and a copy sent by certified mail, return receipt requested, to the Union within such ten (10) day period.

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

e. Deduction of membership dues shall be made in a flat sum provided there is a balance in the paycheck sufficient to cover the amount after all other deductions authorized by the Employee or required by law have been satisfied. In the event of termination of employment, the obligation of the Company to collect dues shall not extend beyond the pay period in which the Employee’s last day of work occurs.

Section 3.5 Shop Stewards. The Company shall recognize one (1) Employee to act as Shop Steward. The Shop Steward shall be duly selected by the Union. The Union will notify the Company of the elected Shop Steward. When elections for Shop Steward are held, the Company, with concurrence of the Air Force, will allow the election in Company used office space.

Elections for Shop Steward held in Company-used office space shall take place outside of regular work hours and shall not interfere with the operations of the Company. The Company shall recognize two (2) Employees designated by the Union as the Alternate Shop Stewards. One (1) of the Alternate Shop Stewards designated by the Union shall act in the place of the Shop Steward during his absence.

Section 3.6 Departure from Work Assignment by Stewards to Investigate Complaints or Claims of Grievance. Each steward shall notify and obtain permission from his supervisor before leaving his work assignment for the purpose of investigating complaints or claims of grievance on the part of Employees or the Union or contacting the Business Representative/Grand Lodge Representative in regard to such claim or grievance. Such permission shall be granted except where there is a substantial reason for delaying the contact or the investigation due to safety conditions or the fact that a critical operation is in process. The supervisor may be present during any discussion relating to any complaint or grievance. However, upon the request of an Employee or steward, the supervisor shall authorize a steward to participate in a private discussion with an Employee, Business Representative/Grand Lodge Representative, or his designee, relating to a complaint or grievance. Discussions of the type described in this Section 3.6 shall be conducted without requiring the Employee or steward to clock out provided the discussion does not extend beyond the time that the supervisor considers reasonable under the circumstances.

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

a. Notices of Union meetings;

b. Notices of Union elections and results thereof;

c. Notices of Union recreational and social affairs; and

d. Such other notices as are mutually agreed upon.

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

Section 3.8 Nothing in this Agreement is intended to abridge the right of a supervisor to privately discuss with any Employee under his supervision topics pertinent to the work place, including but not limited to, the Employee’s job performance.

Section 3.9 Joint Meetings. Should either party desire to discuss with the other any matter affecting generally the relationship of the parties, a meeting of Union and Management representatives shall be arranged upon request of either party. Such meeting shall take place at a time mutually convenient to both parties. Any use of Company time for attendance at such meetings shall be arranged in advance by mutual agreement.

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

ARTICLE 4-GRIEVANCE PROCEDURE AND ARBITRATION

Section 4.1 A ‘grievance” is a dispute between the Company and the Union, or between the Company and a Bargaining Unit Employee of the Company, with respect to the interpretation, application, or violation of any specific term or provision of this Agreement. Each Party acknowledges that it is in the best interest of both parties to settle disputes at the lowest possible level. Should any Employee have a grievance, an earnest effort shall be made to settle such grievance promptly in accordance with the following procedures:

a. Step 1. Both parties encourage the verbal resolution of disputes as quickly as possible.

An aggrieved Employee(s), with his steward, shall discuss the dispute with the immediate Supervisor or, in his absence, with the Site Manager. In the event the Employee is unavoidably absent due to illness or injury, or unavailable due to vacation or other approved reasons, the Employee’s Union Representative may initiate this process. lithe grievance has not been satisfactorily resolved within five (5) regular business days after this discussion; then

b. Step 2. The grievance may be submitted in writing on a form mutually agreed to by the Company and the Union containing, but not limited to, supported information as outlined in Section 4.3. An Employee’s written grievance may be submitted to the Site Manager, within five (5) regular business days after the Step 1 process, however, no later than ten (10) days after the occurrence of the grievance, or the constructive knowledge thereof, which caused the grievance.

c. Step 3. The Site Manager or his Designated Authorized Representative, or the Union Directing Business Representative, or his Designated Authorized Representative, shall give his written answer to the grievance within ten (10) regular business days after receipt of the submission to him in Step 2. Either side may request a meeting to discuss the details of the grievance and attempt to reach a resolution prior to the issuance of the written answer. The Directing Business Representative and/or Grand Lodge Representative, or their respective Designated Authorized Representative, may attend the meeting. In the event there is no satisfactory resolution of the grievance; then

d. Step 4. Only the Union or the Company may appeal the grievance to arbitration in accordance with provisions of this Agreement. This appeal shall be a written request for such action no later than twenty (20) regular business days following the written answer of either the Site Manager or the Directing Business Representative, outlined in Step 3, or lack thereof. The fees and costs of the Arbiter shall be borne equally by both parties.

Each party shall otherwise pay its own costs and expenses.

e. Step 5. The Arbiter’s authority shall be limited to disposition of the grievance arising under the contract, and he may only interpret and apply the Agreement provisions to the facts of the particular grievance. The Arbiter shall have no power to change, alter, modify, detract from or add to the terms of this Agreement. No award shall have retroactive effect prior to the date of the occurrence, which led to the filing of the grievance upon which the Arbiter’s award is based. The Arbiter’s resolution shall be final and binding upon the Company, the Union, and the Bargaining Unit Employee(s).

Section 4.2 No Employee may leave the job, take up, or settle a grievance without requesting permission from the immediate supervisor. Such permission will be granted provided it does not retard or interfere with operations or create a hazardous condition. If permission cannot be granted, time limits will be waived until permission is granted. Any other Employees in the bargaining unit attending a grievance meeting at any step are subject to the same provisions.

Section 4.3 The written grievance shall contain the following information:

1 Name(s) of those involved;

2 Approximate date and nature of the grievance;

3 Article/Section of the Agreement in dispute;

4 Date of Step; discussion and result; and 5 Requested remedy

Section 4.4 Section 4.4 The parties understand and agree that the time limits herein stated are essential to the prompt resolution of the grievances. Failure of either party to respond within the prescribed time limits will move the grievance to the next step. Failure of either patty to submit the grievance within the prescribed time limits will cause the grievance to be waived. Time limits may be extended by mutual agreement and written acknowledgement by both parties.

Section 4.5 Selection of Arbiter from Federal Mediation and Conciliation Service. The parties shall jointly request the Federal Mediation and Conciliation Service to furnish a panel of seven

(7) Arbiters. Such requests shall state the general nature of the case and ask that the nominees be qualified to handle the type of case involved. When notification of the names of the panel of seven (7) Arbiters is received, the parties in turn shall have the right to strike a name from the panel until only one name remains. The right to strike the first name shall be determined by lot. The remaining person shall be the Arbiter.

Section 4.6 Arbitration Rules of Procedure. Arbitration pursuant to Step 4 shall be conducted in accordance with the following:

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

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

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

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

e. Each party shall pay any compensation and expenses relating to its own witnesses or representatives, defined in Article 1 of this Agreement;

f. The fees and costs of the Arbiter shall be borne equally by the parties. Each party shall otherwise pay its own costs and expenses.

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

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

ARTICLE 5-SENIORITY

Both parties hereto agree that continued service over a period of time should, and in most cases does, increase the worth of an Employee to his Employer, and that length of service should receive recognition in case of promotion. 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 5.1 Probationary Employees.

a. New Hires. New Employees shall be on probation for ninety (90) calendar 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. However, if a probationary Employee is laid off and rehired within a period of time not in excess of the time he had previously spent as a probationary Employee, he will be credited with the time previously worked toward the completion of his probationary period. Upon the completion of his probationary period, his seniority date will then be established as of ninety (90) days prior to the completion date of his probationary period.

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

Section 5.2 Establishment of Seniority. The seniority date of each Employee, who, as of the Effective Date of this Agreement, is in the unit defined in Article 1, on authorized leave of absence from the unit or acting in a supervisory capacity over Employees in the unit shall be in conformance with the date carried on the Company’s service records. The seniority date of each Employee, who, subsequent to the Effective Date of this Agreement is hired or rehired into the unit shall be the Effective Date of such hire or rehire.

Section 5.3 Employees With Identical Seniority Dates. When two (2) or more Employees have the same seniority date as herein provided, the Employee having the lowest last four (4) digits of ones social security number shall be considered as having the least seniority for tie breaking purposes.

Section 5.4 Accumulation of Seniority. Seniority shall accumulate to:

a. Employees who are on the active payroll of the Company and in the bargaining unit defined in Article 1 of this Agreement;

b. Employees who are promoted to positions supervising Bargaining Unit Employees, who shall retain and continue to accumulate seniority while they remain in a supervisory position;

c. Employees while on active military service and reinstated in compliance with applicable law;

d. Employees who spend time on authorized leave of absence for Union business not to exceed twelve (12) months;

e. Employees with time lost by reason of industrial injury, or industrial illness not to exceed twelve (12) months;

f. Employees who spend time on authorized leave of absence granted because of pregnancy or to cover periods of non-industrial injury or illness, not to exceed twelve

(12) months during any such period;

g. Employees during the first thirty (30) days of any other authorized leave of absence;

h. Employees who spend time on layoff for a period not to exceed twelve (12) months.

i. Hired as a result of a successor contract

Section 5.5 Loss of Seniority. An individual shall lose seniority rights for the following reasons:

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

b. Discharge for cause;

c. Failure to respond with an acceptance within seven (7) calendar days after receipt of a recall from layoff notice by certified mail (unless such period is extended by the Company);

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

e. Failure to keep the Company advised while on active layoff, of any changes in current mailing address. The Company will fulfill its obligation for notice of recall by mailing a certified notice to the Employee’s last address of record;

f. 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;

g. Retirement;

h. Absence in excess of three (3) consecutive working days without notice, either by telephone or written message by messenger to his immediate supervisor shall constitute resignation as in 5.5(a) above, unless satisfactory evidence of inability to report for work is shown.

Section 5.6 Transfers To and From the Bargaining Unit.

a. The Company may transfer or promote Employees covered by this Agreement to supervisory positions.

b. Employees transferring to salaried positions other than that described in Section 5.4(b), shall retain their bargaining unit seniority but shall not accumulate additional seniority while they remain in such salaried positions.

c. The Company at any time may transfer or demote to positions within this unit those Employees who have accumulated or are accumulating seniority under Section 5.2 of this Article 5. Such transfers or demotions may be made subject only to the job return rights of others to the extent provided in Article 12.

ARTICLE 6-WORKWEEK, HOURS OF WORK, SHIFTS

Section 6.1 Workweek. The regular work week will begin at 12:01 a.m., Monday, and end at 12:00 midnight the following Sunday. The regular, but not guaranteed, work week for each Employee shall consist of five (5) days per week from Monday through Friday. An instructor schedule will be one in which the Employee’s regular, but not guaranteed, work week is a forty (40) hour, five (5) day per week schedule. The regular hours of operation are defined in the Company’s contract with the Air Force.

Determination of starting time, hours of work, and days of rest, shall be made by the Company and such schedules may be changed from time to time to suit varying conditions of business. The Company will provide as much advance notice to the Employees as possible. 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 EC-130/A10 aircrew training. The Company will attempt to meet its non-regular workweek assignments on a voluntary basis among the Employees.

a. In the event there are insufficient volunteers to meet the requirement, the supervisor may designate and require the necessary number of Employees to work the non- regular workweek.

b. A standard shift is defined as hours worked between 6:00 a.m. and 8:00 p.m. Any employee who is scheduled to work outside of this standard shift (6 a.m. to 8 p.m.), will be paid a shift differential pay for all time worked inside and 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. Company 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.

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

Section 6.2 Non-Standard Work Week. The purpose of this Section is to set forth the parties’ agreement regarding non-standard work schedules. It is agreed that the Company may schedule Employees to work a non-standard work schedule consisting of shifts of longer duration than those specified in Article 6, work weeks of less than five (5) full consecutive days, or non-consecutive days off, as set forth in Article 6 of the Agreement, for a total work week of forty (40) hours. By way of illustration, but not in limitation, a non-standard work schedule could be four (4) ten (10) hour days, or eight (8) nine (9) days plus one (1) eight (8) hour day fOr a total of eighty (80) hours in each two week period.

a. Employee shall request a non-standard work week on a form provided by the Employer;

and if approved by the Employer, shall be in effect for a period mutually agreed upon.

Seniority shall govern when multiple employees are seeking a non-standard work week.

b. Renewal of non-standard work week is at the Company’s discretion on a regular basis.

Section 6.3 Flexible Work Schedules. The Company may allow Employees to occasionally adjust their start and stop hours under the following circumstances:

a. It is requested by the Employee;

b. The Employee gives their supervisor at least twenty-four (24) hours notice of their need to adjust their hours (and what hours they will work);

c. Production requirements are not impacted adversely; and U. If the Company grants or denies requests it must be based on a valid business requirement including but not limited to Government requirement, Government mandated academic instruction schedules or schedule requirements. Grant or denial of such a request will not be subject to Article 4.

Section 6.4 Lunch Periods. The shift shall be a nine (9) hour period which shall include an appropriate unpaid lunch period.

Section 6.5 Abnormal Plant Shutdowns. The Company will compensate employees four (4) hours for every work 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, or inoperable training devices necessitate partial workday(s) or temporary closing of facilities. For government/customer contract shutdowns the Company will compensate employees four (4) hours for every work day if the Company is paid for services during that contract period by the government.

Section 6.6 An employee called back to work, outside his normal shift schedule, will be paid at one and one-half (1 Yz) rate for the hours actually worked or be paid at a minimum of four (4) hours straight-time pay, whichever is greater.

ARTICLE 7-OVERTIME

Section 7.1 Employees shall be paid their standard hourly wage rate multiplied by one and one-half (1 1/2) for all hours worked in their current assigned job classification in excess of forty (40) hours in any work week.

Section 7.2 Employees who work on a holiday (as defined in Article 18) shall receive one and one half (1.5) time their standard hourly wage rate in addition to holiday pay.

ARTICLE 8-LEAVE OF ABSENCE

Section 8.1 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 one hundred twenty (120) calendar days. Except in cases of emergency, Employees must request such unpaid leaves to the Site Manager, in writing, at least five (5) calendar days prior to the date the unpaid leave would begin.

Section 8.2 Employees on unpaid leaves of absence shall retain seniority while on leave, consistent with Article 5, 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 8.3 Any requests for extensions past the one hundred and twenty (120) days may be granted at the sole discretion of the Company.

Section 8.4 The Company agrees to follow the State and Federal Statutes on Americans with Disabilities Act (ADA).

Section 8.5 Maternity Leave. Employees shall be allowed maternity leave on the same basis as Employees with a non-pregnancy related disability.

Section 8.6 Union Leave. A leave of absence may be approved when an Employee is appointed for training and/or selected for a full-time Union position, for the period of time necessary to fill such position or training.

ARTICLE 9-SAFETY

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

Section 9.2 Requirement of Medical Examination. In the interest of continued safety of individuals and their fellow Employees, any applicant for employment or any Employee returning to work following a Medical Leave of Absence or extended medical leave or documented substantial inability to perform the majority of the Employee’s assigned duties and responsibilities, may be required through Government regulations or by the Company to undergo a medical examination by a doctor of the Government’s or the Company’s selection. If the diagnosis or examination results furnished by the Company doctor are not satisfactory to the Employee, he may obtain an opinion from his own doctor. If a disagreement still exists, an additional doctor, mutually agreed upon by the Company and the Union, will be acquired for his analysis. If the mutually agreed upon doctor’s diagnosis agrees with the Employee’s doctor, the Company shall only pay for the services of the mutually agreed upon doctor. The cost incurred for services of all other non- Company physicians shall be the sole responsibility of the Employee who gave rise to the dispute.

ARTICLE 10-SEPARABILITY

Section 10.1 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 10.2 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), invalidated by Federal or state legislation.

ARTICLE 11-MISCELLANEOUS

Section 11.1 Inventions. The Company shall retain ownership of inventions conceived or developed by Employees while performing work on any of the represented projects as an Employee for the Company.

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

Section 11.3 Security. 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.

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

b. 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.

c. 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.

d. 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 requited.

Section 11.4 Section 11.4 Non-Discrimination. The Company and the Union agree not to discriminate against any Employee covered by this Agreement because of race, color, religion, sex, national origin, marital status or disability 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.

Section 11.5 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.

Section 11.6 Travel Reimbursement. Employees, when required to travel more than twenty-five

(25) miles from the normal work place to perform duties for the Company, will be paid as follows:

a. An Employee, while on travel status will be paid for:

i. All actual work time when such work has been assigned and approved in advance; and

ii. Actual travel time when such time has been approved in advance.

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.

c. The Company will provide per diem as specified in the Government Joint Travel Regulations.

d. Employee may request an advance on allowable per diem when travel requirements allow. The Company will consider advance payment on a case-by-case basis.

e. Employees will be reimbursed travel expenses as soon as administratively feasible, not to exceed 30 days from Site Manager approval of the expense report.

Section 11.7 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 prescription and/or illegal 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 will 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 is a condition of employment.

Section 11.8 Mid-Term Meeting. The Company and the Union agree that, in the interest of open communication and a desire to insure that the terms and conditions of this Agreement are implemented and clearly understood, a meeting between the parties may occur on or about the midterm point of this Agreement.

An area that may be discussed is the impact on Article 15 should the Local Area Wage Determination, or the Cost of Living in the specific area exceed the provisions of Article 15.

Section 11.9 Employee Incentive Program. The Company may during the term of this Agreement explore the possibility of developing and implementing a supplemental tool, such as an incentive program, to help sustain its competitive business advantage within the industry. The intent of such a program would be mutually beneficial for both the Company and all Employees by rewarding Employees for performance which directly contributes to the mission and philosophy.

The Company reserves the right, with reasonable notice to the Union and all affected Employees to install, revise or discontinue the program at any time should the Company determine that it be necessary to do so.

Section 11.10 Uniforms. All employees are required to dress “business casual” as defined by the site policy letter with the exception of days requiring flight line operations.

Section 11.11 Contributions to Machinists Nonpartisan Political League. Upon receipt by the Company of a signed voluntary authorization by an Employee, on a form approved by the Company, requesting that there be deductions made from his wages, in a monthly amount designated by the Employee, such deductions to be forwarded to the Union for use by the Machinists Nonpartisan Political League, the Company will thereafter make such deductions and forward them to the Machinists Nonpartisan Political League, in care of the Union. Such authorization will remain in effect for the duration of this Agreement, unless earlier canceled in writing by the Employee.

Section 11.12 Contributions to Guide Dogs of America. Upon receipt by the Company of a signed voluntary authorization by an Employee, on a form approved by the Company, requesting that there be deductions made from his wages, in a monthly amount designated by the Employee, such deductions to be forwarded to the Union. Such authorization will remain in effect for the duration of this Agreement, unless earlier canceled in writing by the Employee.

Section 11.13 Company Handbook. The Company and the Union agree to utilize the Company handbook (Revision Date of June 2014) on all issues/language not specifically called out in the CBA.

ARTICLE 12-WORK FORCE ADMINISTRATION

Section 12.1 Section 12.1 Surplus Action.

a. For any reduction in force (layoff) within a job classification, the Company shall lay off employees in reverse seniority order.

b. Return To Formerly Held Job. Affected full time Employees referenced in 12.1(a), will be offered the job classification held immediately prior to their present job classification if their seniority permits.

c. The Company will provide at least fifteen (15) working days advance notice to those employees affected by any layoff or provide for pay in lieu thereof.

Section 12.2 Recall From Layoff. Employees who are on active layoff status from job classifications having job openings will be recalled in order of their seniority, prior to new hires within employee’s classification, providing they have the required government qualifications and are eligible for recertification for that job.

Section 12.3 Temporary Assignment. The Company may temporarily assign Employees to perform work assignments described for other job classifications. No overtime will be offered to temporarily assigned Employees until the provisions of Article 7 Section 1 of this Agreement are met.

Section 12.4 Part-Time Employment. The Company may, providing there are no Employees on active layoff status in the classification, to accommodate schedule requirements and to satisfy the requirements of the customer, hire Employees specifically to work a daily or weekly work schedule which is less than the current regular workday or workweek. Part-time Employees will not be utilized in a classification where it would result in a full time Employee working less than his regular scheduled work week.

a. Part-time Employees are those Employees who normally work thirty (30) hours or less 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 13-JURY AND WITNESS DUTY

Section 13.1 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 standard hourly wage rate, less any compensation paid for jury duty service. 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 Employee will furnish to the Company evidence satisfactory to the Company showing the performance of jury duty that meets the requirements of this Section 13.1.

ARTICLE 14- SHORT-TERM MILITARY DUTY

Section 14.1 An Employee who is a member of a reserve component of the Armed Forces, who is required to enter active annual training duty or temporary special services duty, shall be paid his regular straight time rate earning upto a maximum often (10) workdays each calendar year, provided that such Employee has submitted appropriate documentation of his orders and service. The amount due to the Employee under this Article shall be reduced by the amount received from the government body identified with such training duty or services for the period of such duty (up to the maximum period mentioned above). Such items as subsistence, uniform and travel allowance shall not be included in determining pay received from state or Federal Government.

ARTICLE 15-RATES OF PAY

Section 15.1 The current standard hourly wage rates of the Bargaining Unit Employees will remain in effect until September 30, 2015. The following standard hourly wage rates will be effective October 1, 2015 and for the period of this Agreement and apply to all Bargaining Unit Employees as follows:

Classifications Current 10/1/2015 10/1/2016 10/1/2017 10/1/2018 lnstructor/SME 42.79 $44.01 $45.33 $46.69 $43.09 Programmer IV 37.52 $33.59 $39.75 $40.94 $42.17 Graphic Artist 32.83 $33.77 $34.78 $35.32 $36.90 Educational 32.83 $33.77 $34.78 $35.82 $36.90 Technologist

Courseware 25.47 $26.20 $26.98 $27.79 $28.62 Production Specialist Word Processor II 18.89 $19.43 $20.01 $20.61 $21.23

a. FTU Pay for Instructor/SM E—AII FTU Instructor/SM Es shall receive FTU pay per hour above their standard hourly wage rate as follows:

Classification Current 10/1/2015 10/1/2016 10/1/2017 10/1/2018

• FTU Pay 2.00 2.50 2.58 2.65 2.73

b. Lead Instructor. If the Company determines there is a requirement for a Lead Instructor, that position will receive $1.25 per hour above their base rate.

Section 15.2 Standard Hourly Wage Rate when used throughout this Agreement shall mean the hourly wage rate paid in each respective Classification for the relevant time period as set forth in Section 15.1 above.

Section 15.3 Personnel hired as an Instructor/SME who have not graduated from the Central Instructor Course (CIC) or its equivalent will have their standard hourly wage rate decremented by ten (10%) percent until graduation from an approved CIC or an acceptable equivalent which decrement shall not exceed six (6) months.

Section 15.4 Paydays. Paydays for Employees under this Agreement on all shifts shall be on or before Friday of every second week, at which times they will be paid through the Sunday of the preceding week, except when circumstances intervening beyond the Company’s control make such practice impossible.

Section 15.5 Report Time/Call-In Time. If an Employee reports for work in accordance with instructions he shall receive a minimum of four (4) hours pay at his standard hourly wage rate. Report time will not apply in case of emergency shutdown arising out of any condition beyond the Company’s control. An Employee who leaves work of his own volition, or because of incapacity (other than industrial injury), or is discharged or suspended after beginning work, will be paid only for the number of hours actually worked during that day. An Employee that leaves work because of incapacity due to industrial injury will be paid eight (8) hours pay at this standard hourly wage rate.

Section 15.6 Effective Date of Increases. Each increase in the standard hourly wage rate as identified in Section 15.1 will be applicable to work performed in each respective classification beginning on the effective date of such increase.

Section 15.7 The Company may temporarily upgrade an Employee…