E3 CBA 2018.pdf

E-3 MCT

COLLECTIVE BARGAININGAGREEMENT

BETWEEN

SONORAN TECHNOLOGY and PROFESSIONAL SERVICES, LLC.

And

CREW TRAINING INTERNATIONAL, INC. (CTI)

And

PLEXSYS INTERFACE PRODUCTS, INC.

And

INTERNATIONAL ASSOCIATION OF

MACHINISTS AND AEROSPACE WORKERS,

AFL-CIO

DISTRICT LODGE 171

And its

LOCAL LODGE 850

November 2, 2018 to April 2, 2022

TABLE OF CONTENTS

ARTICLE TITLE PAGE

1 Recognition 3 2 Rights of Management 3 3 Union and Company Relations 4 4 Grievance Procedure and Arbitration 7 5 Seniority 12 6 Workweek, Hours of Work and Shifts 15 7 Overtime 16 8 Leave of Absence 17 9 Safety 19

10 Severability 20 11 Miscellaneous 20 12 Workforce Administration 23 13 Jury and Witness Duty 25 14 Short-term Military Duty 26 15 Rates of Pay 26 16 Vacations 28 17 Personal Time Off 31 18 Holidays 33 19 Group Benefits 34 20 Savings Plan 39 21 Duration 40 22 Company Handbook

ARTICLE 1

RECOGNITION

THIS AGREEMENT, dated as of 2nd day of November 2018 by and between Sonoran Technology and Professional Services LLC., Crew Training International, Inc. (CTI) and Plexsys Interface Products Inc.(hereinafter referred to as “the Company”) and the International Association of Machinists and Aerospace Workers, AFL-CIO, District Lodge 171 and its Local Lodge 850 (hereinafter referred to as “the Union”). It is agreed that the Union is the exclusive bargaining agent of certain employees of the Company, and the Union and the Company have negotiated a Collective Bargaining Agreement covering wages, hours and other employment, and the parties desire to reduce the agreement to writing, NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth, the parties hereto agree as follows.

Section 1.1 Recognition. The Company recognizes the Union as the sole and exclusive bargaining agent with respect to rates of pay, wages, hours of work and all other conditions of employment for all employees covered by this agreement.

Section 1.2 Bargaining Unit. The Company and the Union agree that the employees covered by this agreement shall consist of the following: All employees employed by the Company on the E- 3 MCT who physically perform work at Tinker AFB, Oklahoma under the United States Air Force Contract Number FA4890-15-C-0010and its successor contracts, including Scenario Developers, Graphics Illustrators, Mission Crew Instructor/SMEs, Exercise Directors, MSLITE and DMT Schedulers, Radar Mission Simulator Specialists/Tape Developers, Products Production Control, Editors, Registrars, Flight Crew Instructor/SMEs, and Educational Technologist, excluding supervisors and managers, office clerical employees, professional employees and guards as defined by the Act, and all other employees of the Company, including those employees on other IDWA’s or contracts other than those identified above.

ARTICLE 2

RIGHTS OF MANAGEMENT

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

ARTICLE 3

UNION AND COMPANY RELATIONS

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

Section 3.2 Strikes and Lockouts. The Union agrees that during the terms of this Agreement and regardless of whether an unfair labor practice is alleged (a) there will be no strike, slow-down, sit-down or walk-out, and (b) the Union will not directly or indirectly authorize, encourage or approve any refusal on the part of employees to proceed to the location or normal work assignment where no rare or unusual physical hazard is involved in proceeding to such location.

Any employee who violates this clause shall be subject to discipline. The Company agrees that during the term of this Agreement there will be no lock-out of employees covered by this Agreement. Any claim by the Company that the Union has violated this Section 3.2 shall not be subject to the grievance procedure or arbitration provisions of this Agreement and the Company shall have the right to submit such claim to the courts.

Section 3.3 Union Membership. All employees within the bargaining unit defined in Article 1 shall become members of the Union within ninety (90) days following the beginning of such employment, and shall thereafter maintain their membership in good standing in the Union during the life of this Agreement, as a condition of continued employment.

Section 3.3(a) Satisfaction of Obligation. Employees who, under Section 3.3 of this Article 3, are required either to become members of the Union or maintain membership in good standing in the Union may satisfy that obligation by periodically tendering to the Union an amount equal to the Union’s regular and usual monthly dues.

Section 3.3(b) Failure to Satisfy Obligation. In the event an employee, who as a condition of continued employment, is required under this Article 3 to become a member of the Union, or maintain his membership in good standing therein, but in any such case does not do so, the Union will notify the Company in writing, through all the Company Managers of Human Resources, or through such other office as may be designated by the Company, of such employee’s delinquency. The Company agrees to advise such employee that his employment status with the

Company is in jeopardy and that his failure to meet his obligation under this Article 3 within thirty

(30) days will result in his termination of employment.

Section 3.3(c) Explanation to Employees. Either the Company or the Union may explain to any employee or call to his attention, at any time, his rights and obligations under any or all provisions of this Article 3.

Section 3.4 Payroll Deduction for Union Dues and Initiation Fee. The Company shall make payroll deductions for the Union’s dues upon receipt by the office designated by the Company of a voluntary written assignment covering such deduction on a form mutually agreed to by the Union and the Company. The deduction list will include each such employee’s social security number or permanent employee number, name and amount of deduction and such itemization will be forwarded to the Union. The Union dues shall be in an amount specified on such assignment and the amount will have been approved by the Company in advance as being administratively practicable.

Section 3.5 Back Dues. 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.

Section 3.6 Membership Dues. 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 3.7 Indemnity. The Union will indemnify and hold the Company harmless from and against any and all claims, demands, charges, complaints or suits instituted against the Company which are based on or arise out of any action taken by the Company in accordance with or arising out of the foregoing provisions of this Article 3.

Section 3.8 Business Representatives - Access to Work Site. The Business Representative of the Union shall have access to the Company work sites during working hours for the purpose of conducting legitimate Union Business pertaining to this Agreement including, but not limited to, the investigation and advising in the handling of grievances, and the Company will not impose regulations which will render the intent of this provision ineffective. The necessary Company badges and credentials will be available to the Business Representative during working hours.

The Union shall keep all the Company Managers of Human Resources currently informed in writing of the name of the accredited Business Representative.

Section 3.9 Shop Stewards. The Union may select not to exceed, except by mutual agreement between the Company and Union, three (3) employees as shop stewards. The Union shall keep all the Company Managers of Human Resources currently informed in writing of the names of the accredited shop stewards. An employee while serving as a shop steward shall not be transferred loaned or laid off from his/her job classification so long as other employees remain in his/her job classification and on the shift he/she is designated shop steward.

Section 3.10 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 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 or his designee, relating to a complaint or grievance. Discussions of the type described in this Section 3.10 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 3.11 Bulletin Boards. The Company will provide bulletin boards for the use of the Union at locations mutually agreed to. Their use will be restricted to the following.

(a) Notices of Union meetings;

(b) Notices of Union elections and results thereof;

(c) Notices of Union recreational and social affairs;

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

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

Section 3.12 Supervisor Rights. Nothing in this Agreement is intended to abridge the right of a supervisor to privately discuss with any employee under his or her supervision topics pertinent to the work place, including but not limited to, the employee’s job performance.

Section 3.13 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 Company representatives shall be arranged upon request of either party. Such meeting shall take place at a time mutually convenient to both parties. Any use of Company time for attendance at such meetings shall be arranged in advance by mutual agreement.

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

ARTICLE 4

GRIEVANCE PROCEDURE AND ARBITRATION

Section 4.1 Establishment of Grievance and Arbitration Procedure. Grievance or complaints arising between the Company and its employees subject to this Agreement, or the Company and the Union, with respect to the interpretation or application of any of the terms of this Agreement, shall be settled according to the following procedure. Subject to the terms of this Article relating to cases of dismissal or suspension for cause or of involuntary resignation, only matters dealing with the interpretation or application of terms of this Agreement shall be subject to this grievance machinery.

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

Step 1 – Oral Discussion. The employee shall first discuss his grievance with the Steward and if the Steward considers the grievance to be valid then the employee and the Steward will contact the Program Manager and will attempt to effect a settlement of the complaint. If the steward and the employee choose to pursue a Step 1 grievance, they shall discuss with the Program Manager within ten (10) workdays from the date of the act being grieved or the date the employee became aware or should have become aware, whichever is first. This procedure, however, will not prevent an employee from contacting his Program Manager if he so chooses.

If the purpose of the employee’s contacting his supervisor is to adjust the grievance, the Steward shall be given an opportunity to be present and such adjustment shall be in conformity with this Agreement.

Step 2 – Grievance Reduced to Writing. This will be handled by the Program Manager. If no settlement is reached in Step 1, the grievance will be reduced to writing and may contain the grievant’ s signature along with the following:

(a) The facts upon which the grievance is based.

(b) Reference to the section or sections of the Agreement alleged to have been violated (this will not be applicable in cases of dismissal or suspension for cause or of involuntary resignation).

(c) The remedy sought.

The Steward shall sign and submit the written statement of grievance to the supervisor for his consideration, with a copy to the designated representative of the Company, within ten (10) workdays from the Step 1 decision/meeting. After such submission, the supervisor and the Steward may, within the next five (5) workdays, unless mutually extended, settle the written grievance and, over their signatures indicate the disposition made thereof. Otherwise, promptly after the expiration of such five (5) day period, or agreed extension thereof, the Supervisor shall provide the Steward with the written decision regarding the grievance.

Step 3 – Written Grievance Handling at Business Representative/Company Representative Level. If no settlement is reached in Step 2 within the specified or agreed time limits, the Business Representative or his designee may submit the grievance to the designated representative of the Company. If the Union chooses to submit a step 3 grievance, it shall be issued to the representative of the Company within five (5) workdays from receipt of the step 2 decision. After such submission, the designated representative of the Company and the Business Representative or his designee may, within the next ten (10)workdays, unless mutually extended, settle the grievance and, over their signatures, indicate the disposition made thereof. Otherwise, promptly after the expiration of such ten (10) day period, or agreed extension thereof, the designated representative of the Company shall provide the Steward with the written decision regarding the grievance.

Step 4 – Mediation. If the Initiating Party chooses to continue pursuing the grievance and no agreement is reached at Step Three, the initiating party’s representative shall request mediation in writing from the Federal Office of the Federal Mediation and Conciliation Service within ten

(10) workdays of the decision in Step Three. The request for mediation must be served in writing by the party requesting it simultaneously on the Federal Mediation and Conciliation Service and the other party as a condition for processing the grievance up to and including arbitration. The mediation must be scheduled at a time and location mutually agreeable to the parties. The grievant will be compensated for any lost work time by the Employer for any mediation which occurs during the grievant scheduled working hours. Grievants working the second and third shifts will be similarly compensated by reduced or eliminated shifts, with pay. If the shop Steward's presence is requested by the Union, such request for time off with pay to attend the mediation will not be unreasonably denied.

Step 5 – Arbitration. If settlement is not reached at mediation, the Union or the Company shall, if at all, within ten (10) workdays after mediation, forward the grievance for binding arbitration with and pursuant to the rules of the Federal Mediation and Conciliation Service (FMCS) with a copy of such demand to the other party. The jurisdiction of the arbitrator shall not exceed those subjects and remedies identified herein at Article 4.

Grievance Process

Step 1. Oral Discussion

Employee discusses with Union Steward

If valid grievance, within 10 work days, discuss with Employee’s Supervisor and Program Manager

Step 2. Grievance Reduced to Writing

If no settlement is reached in Step 1

Provide Program Manager written grievance within 10 work days of oral discussion.

After submission, the Program Manager and the Union Steward may within 5 work days, settle the grievance. After expiration of the 5 work days, the Program Manger will issue a written decision.

Step 3. Written Grievance Handling

If no settlement is reached in Step 2

Union must submit grievance to Representative of the Company within 5 days of Step 2 discussion. Within the next 10 work days, the Company Representative and the Business Representative may settle the grievance unless mutually agreeing for an extension.

Step 4. Mediation If no settlement is reached in Step 3 and the initiating party chooses to continue the grievance

The initiating party will request mediation in writing from the Oklahoma Office of Federal Mediation and Conciliation Service within 10 work days of Step 3 discussion.

Step 5. Arbitration If no settlement is reached The Union or the Company shall forward the grievance for binding arbitration within 10 work days after mediation.

Section 4.3 Dismissals, Suspensions, Layoff, Etc. In cases of layoff or suspension for just cause, or of involuntary resignation, the employee shall be given a copy of the layoff, suspension or termination of service paperwork, as the case may be, if he is available to be presented with such copy. If he is not available, copies of the paperwork will be sent to the employee and to the Union office. The employee shall have the right to appeal the action shown on the paperwork providing the Union files a written grievance in accordance with the time limits specified above.

In cases of layoff, dismissal for just cause, suspension for just cause, or involuntary resignation, the grievance should begin at Step 2 and may continue proceeding through all steps of the grievance procedure identified above.

Section 4.4 Union versus Company. Processing of grievances which the Union may have against the Company shall begin with Step 3, shall be limited to matters dealing with the interpretation or application of terms of this Agreement, and shall be submitted to the Company’s representative within ten (10) workdays from the date of the issue being grieved. Such grievance shall be submitted in writing to the designated representative of the Company, and shall contain the following:

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

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

(c) The correction sought.

The grievance shall be signed by the designated representative of the Union. The remainder of the step 3 grievance procedure should be followed. If no settlement is reached, the Union may continue proceeding through the grievance procedure.

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

Section 4.6 Selection of Arbiter - From Federal Mediation and Conciliation Service. The parties shall jointly request the Federal Mediation and Conciliation Service to submit a panel of seven (7) arbiters admitted into the National Academy of Arbitrators. Such requests shall state the general nature of the case and ask that the nominees be qualified to handle the type of case involved.

When notification of the names of the panel of seven (7) arbiters is received, the parties in turn shall have the right to strike a name from the panel until only one name remains. The right to strike the first name shall be determined by lot. The remaining person shall be the arbiter.

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

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

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

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

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

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

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

Section 4.7(g). The total cost of the stenographic record (if requested) will be paid by the party requesting it. If the other party also requests a copy, that party will pay one half of the stenographic costs.

Section 4.8 Extension of Time Limits by Agreement. Time limits designated in these Article for processing grievances and for bringing a matter to arbitration may only be extended by mutual written consent. Failure of the initiating party’s adherence to the time limits will result in denial and closure of the grievance.

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

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

Section 4.11 Business Representative, When Not Available May Authorize Designee. For any period that the Business Representative is unavailable to serve in that capacity under this Article 4, he may designate an accredited Steward or another accredited Business Representative to act for him. As to each such period of unavailability, authorization of the designee will be accomplished by the Business Representative informing the appropriate Company representative of the expected period of the Business Representative’s unavailability to perform his duties under this Article 4, he shall promptly notify the Company representative of the fact and such notice will terminate the period during which the designee is authorized to act.

ARTICLE 5

SENIORITY

Section 5.1 Probationary Employees.

Section 5.1(a). For the first ninety (90) days of employment, employees shall be considered as on probation and without seniority. However, if a probationary employee is laid off and rehired within a period of time not in excess of the time he had previously spent as a probationary employee, he will be credited with the time previously worked toward the completion of his probationary period. Upon the completion of his probationary period, his seniority date will then be established as of ninety (90) days prior to the completion date of his probationary period.

Section 5.1(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, rehired or transferred into the unit shall be the effective date of such hire, rehire or transfer.

Section 5.3 Employees With Identical Seniority Dates. When two or more employees have the same seniority date as herein provided, the employee having the lowest clock number (the last four [4] digits of one’s social security number) shall be considered as having the least seniority for tie breaking purposes.

Section 5.4 Accumulation Seniority. Seniority shall accumulate to the following.

Section 5.4(a). Employees who are on the active payroll of the Company and in the bargaining unit defined in Article 1 of this Agreement.

Section 5.4(b). Employees while on active military service and reinstated in compliance with applicable law.

Section 5.4(c). Time spent on authorized leave of absence for Union business in accordance with Article 8.

Section 5.4(d). Time lost by reason of industrial injury, or industrial illness not to exceed the time limits on layoff statue provided in 5.4(g).

Section 5.4(e). Time spent 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.

Section 5.4(f). The first thirty (30) calendar days of any other authorized leave of absence;

Section 5.4(g). Time spent on layoff for a period not to exceed five (5) years, or for employees with less than one (1) year seniority, time spent on layoff for a period not to exceed one (1) year.

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

Section 5.5(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.

Section 5.5(b).Discharge for just cause.

Section 5.5(c). Failure to respond with an acceptance within seven (7) calendar days after dispatch of a recall from layoff notice by certified mail (unless such period is extended by the Company).

Section 5.5(d). Failure to report for work within seven (7) calendar days after acceptance or on such later date as may be designated by the Company.

Section 5.5(e). Failure to keep the Company advised by certified mail 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.

Section 5.5(f).Layoff for a period in excess of five (5) years (or for employees with less than one [1] year seniority, layoff in excess of one [1] year).

Section 5.5(g).Retirement.

Section 5.5(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.

Section 5.6(a). The Company may transfer or promote employees covered by this Agreement to supervisory positions.

Section 5.6(b). Employees transferring to supervisor or other salaried positions, shall retain their bargaining unit seniority but shall not accumulate additional seniority while they remain in such salaried positions.

Section 5.6(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 AND SHIFTS

Section 6.1 Workweek: The normal workweek is Monday through Friday, followed by two (2) days of rest (Saturday and Sunday). Those employees designated by the Company and who regularly work on Saturday and/or Sunday, whose normal work schedule shall consist of five (5) consecutive workdays, plus two (2) days of rest, which shall be treated as Saturday and Sunday, in that order. The Company will attempt to meet its non-regular workweek assignments on a voluntary basis among the employees based on seniority. 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.

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. Employees’ posted shifts shall not be changed solely to avoid the payment of overtime.

The normal workweek shall be forty (40) hours consisting of five (5) days of eight (8) hours per day Monday to Friday.

The designated beginning time for each shift during the scheduled work week shall be: First shift-between 5:00 a.m. and 12:59 p.m.; second shift- 1:00 p.m. and 8:59 p.m.; third shift 9:00 p.m.

and 4:59 a.m. the following day.

Any other matters relating to non-standard and surge work schedules will be subject to mutual agreement by the parties.

Section 6.2 Shifts/Lunch Periods. The shifts shall be an eight (8) hour and thirty (30) minute period which shall include a thirty (30) minute unpaid lunch period, except for those employees assigned to continuous duty operations. Determination of starting time and hours of work shall be made by the Company and such schedules may be changed from time to time to suit varying conditions of business.

Section 6.3 Flexible Schedule. Employees may “Flex” their schedules any time but specifically in weeks that include military down, goal, and/or family days, employees may, at their option, flex their schedule to complete their forty hour workweek around the military down, goal, or family days, provided that: (1) there is prior coordination and approval by the Employer’s Manager or his/her designee, (2) the workload that week is conducive to flexing, and (3) the flexing occurs within the same workweek and does not result in overtime.

Employees who choose to “Flex” may work up to 12 hours with prior approval. Employees will be paid shift differential up to the first 8 hours and any time above the 8 hours will be paid at the employee’s base rate. Due to the employee “Flexing” his schedule, the provisions of overtime as stated in Article 7 would not apply. Overtime in this “Flexing” situation would begin after the twelfth hour is completed and would follow the provisions of Article 7 and compensate the employee at 1.5 times the straight time rate. Shifts may vary in length but will not exceed 12 hours, unless agreed to in advance by the Company and the employee. Once the employee(s) has exceeded a 12-hour shift, the employee(s) will be paid shift differential for all hours worked during second and/or third shift.

ARTICLE 7

OVERTIME

Section 7.1 Overtime. The Company will attempt to meet its overtime requirements on a voluntary basis, using seniority, among the employees who normally perform the work on a straight time basis; however, in cases of selective overtime, new hires or rehires may be excluded for the first ninety (90) calendar days of their employment. In the event there are insufficient volunteers to meet the requirement, the supervisor may designate and require the necessary number of qualified employees to work the overtime, in reverse seniority order. A reasonable effort will be made to equalize overtime between employees within a work group, such work groups to be determined by the Company.

Section 7.2. Time worked within an assigned shift period shall be compensated at straight time rates.

Section 7.3. For time worked outside of his assigned shift, an employee shall be paid one and one-half (1 ½) times his base rate for the first two (2) hours and double his base rate thereafter.

Section 7.4. For the first eight (8) hours of work by an employee on the first day of this two (2) consecutive days of rest, such employee shall be paid one and one-half (1 ½) times his base rate for that shift and double such base rate thereafter.

Section 7.5. Any time worked on the second day of an employee’s two (2) consecutive days of rest shall be paid for at double his base rate for such shift and such double time shall remain in effect for all hours continuously worked.

There shall be no pyramiding of overtime and/or other premium payments.

No overtime shall be worked except by direction of the Company’s appropriate management.

For the purposes of calculating over-time, straight-time rate will include the employee’s base rate plus any premiums excluding benefits and the savings plan.

Section 7.6 Wage Payment Basis. Employees shall be paid for time worked computed to either the nearest one-tenth or one-quarter hour in accordance with the policy of the employee’s Company.

Section 7.7 Option to Flex. If an employee exceeds an eight (8) hours duty day, the employee will have the option to either be paid overtime at their base rate or flex the time to another day within the same workweek with prior coordination and approval.

ARTICLE 8

LEAVE OF ABSENCE

Section 8.1 Authorized Leaves of Absence. For the time period indicated in each instance, leaves of absence (without pay except to the extent vacation credit or sick leave credit can be used and is used under and in accordance with Articles 16 and 17) shall be granted to an employee on the active payroll:

Section 8.1(a). In case of accident or illness, for the period of time the injury or illness requires that the employee be absent from work, the Company may require satisfactory proof of such illness, as well as an authorization to return to work. Alcoholism may be the basis for granting medical leave to individuals while under treatment at a recognized and accepted treatment center or hospital if such treatment is requested prior to the employee being terminated for unsatisfactory attendance or violation or other Company rules.

Section 8.1(b). In pregnancy cases, upon request of the employee or at such time as leave shall be mandatory under any applicable law, the Company must be notified immediately upon medical confirmation that a pregnancy exists.

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

Section 8.1(d). When he is appointed as a full time representative of the Union representing the particular unit, or selected to a full-time Union position, for the period of time necessary to fill such position.

Section 8.1(e). The Company may grant leaves of absence without pay for other reasons that the Company considers valid, such as Family Leave or for personal reasons.

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

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

Section 8.2(a).When an employee returns from a leave of absence that was granted due to industrial injury or industrial illness and is medically able to perform the job which was last held.

Section 8.2(a)(1). The employee will be returned to that job if this does not conflict with Article 12.

Section 8.2(a)(2). If this does conflict with Article 12, the employee will be considered for any job that he is qualified and able to perform, or (if a surplus occurred that would have affected him during such leave) be subjected to surplusing procedures with Article 12.

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

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

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

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

otherwise, he may be placed on layoff.

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

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

Section 8.2(h). If leave was granted to accept a full-time position with the Union, the employee will be returned to the job last held if such job is then populated. If such job is not then populated, the employee will be returned to one of equal grade.

Section 8.3 Scheduled Deductions. While on any Leave of Absence, employees are responsible to contact HR and make arrangements for any scheduled deductions such as insurance premiums.

Section 8.4 Employees must maintain contact with management on a status of leave.

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 Use of Safety Devices. The Company will furnish proper and modern safety and sanitary devices for all employees working on unsafe and hazardous work. The Company will not provide or pay any of the cost of safety shoes except in those cases that management determines that non-skid shoes are required. It shall be mandatory for all employees to use such devices and/or safety shoes when the Company determines that they are necessary. The Company will provide inclement weather gear, reflective vests and hearing protection, to those individuals that frequently visit the flight line. Frequency is defined as weekly and/or monthly.

Section 9.3 Requirement of Medical Examination. In the interest of continued safety of individuals and their fellow employees, any applicant for employment or any employee may be required through Government regulations or by the Company to undergo a medical examination by a doctor of the 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

SEVERABILITY

Section 10.1 Should any part hereof or any provision herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by any decree by a court of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof and they shall remain in full force and effect.

ARTICLE 11

MISCELLANEOUS

Section 11.1 Sabotage. The Union agrees to report to the Company when it has knowledge of any acts of sabotage or damage to or the unauthorized or unlawful taking of Company, Government, customer or any other person's or employee's property. The Union further agrees, if any such acts occur, to use its best efforts in assisting to identify the guilty person or persons and notify the Company of its investigation.

Section 11.2 Security Clearance. Nothing in this Agreement shall require the Company to employ or continue to employ or give access to any of its facilities or work locations, any person or persons to whom the cognizant Security Agency, in the interest of security against espionage or subversive activity, refuses to give access to classified information and/or work. However, the Company will give consideration to assigning an employee in his job title to an area for which he is qualified and a clearance is not required.

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

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

Section 11.4 Successor and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their successors and assigns; but in the event the Company ceases to perform on the contract as identified in Article 1, the Company shall be released from all obligations on the project(s) so affected under this Agreement.

Section 11.5 Performance of Work. Supervisors will not regularly perform the duties of employees in the bargaining unit, except in emergency situations, or for the purpose of instructing employees. Supervisors or other non-represented employees are not to perform any unit work solely to prevent a unit employee from earning overtime, or to displace a full-time employee. Supervisors will not work more than 15% per year.

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

Section 11.7 Bargaining Unit Status Report. A quarterly seniority list, updated monthly, will be provided to the Union. The report will include the following information:

(a) Employee name

(b) Clock Number (last 4 digits of SSAN)

(c) Seniority date

Section 11.8 Masculine - Feminine References. In construing and interpreting the language of this Agreement, reference to the masculine such as “he,” “him,” or “his” shall include reference to the feminine.

Section 11.9 Outsourcing of Work. The Company agrees that it will not outsource work as defined in Article 1 of the parties agreement for the sole purpose of reducing bargaining unit members. A topic of discussion at the quarterly joint meetings may be the planned movement of work either into or out of the bargaining unit and the potential impact on the bargaining unit, and to allow the Union to present possible alternatives.

Section 11.10 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 11.11 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 11.12 Dress Code. The Company and the Union agree to the following as the dress code for all employees:

Monday through Thursday - BUSINESS CASUAL REQUIRED:

Dress pants/dresses/skirts Collared shirts/dress shirts for female employees (not necessarily collared) Dress shoes Leggings only allowable if worn under dresses

Items specifically not authorized: T-Shirts, athletic shoes, hats/head gear, jogging/sweat suits

Friday – RELAXED CASUAL DRESS ALLOWED:

Clean, stain free jeans, no rips or holes Casual or dress pants/dress jeans Collared shirts/dress shirts for female employees (not necessarily collared) Casual or dress shoes

Items specifically not authorized: T-Shirts, athletic shoes, hats/head gear, jogging/sweat suits

A more relaxed casual dress allowed on days when Military personnel are not present. An e-mail will be sent out prior to these days:

Clean, stain free jeans, no rips or holes Casual or dress pants/dress jeans Collared shirts/dress shirts for female employees (not necessarily collared) Casual or dress shoes or tennis shoes Items specifically not authorized: T-Shirts, hats/head gear, jogging/sweat suits.

The dress code may be changed only by mutual agreement between the Union and the Company.

11.13 Wing Shutdown. In the event the 552 Wing is closed due to inclement weather, the employees will be compensated for all hours of work that were cancelled. If an employee arrives at work prior to the daily events being canceled, he shall be allowed to return home and will be compensated for all hours worked and canceled on the employee’s regular shift that same day.

The Program Manager reserves the right to designate essential personnel; those actively involved to complete training, to complete the mission essential requirements. Employee’s on Vacation or PTO will be charged Vacation or PTO.

ARTICLE 12

WORK FORCE ADMINISTRATION

Section 12.1 Surplus Action.

Section 12.1(a) In the event of a reduction in force;

1. Employees will be given an opportunity to displace any junior employee providing:

a. The seniority date of the employee is higher that the employee being displaced.

b. The employee must meet all of the requirements, and be capable of performing the position being replaced

2. The company may transfer employees to any classification to avoid laying off senior employees.

3. In the event of a reduction and as a result an employee is offered a lower rated job, that employee’s hourly rate will be reduced to the rate identified for that job.

The Union agrees to recognize specialty areas within the Instructor classification.

Section 12.1(b).