C2 CBA Revision 2.pdf

Final CBA February 22, 2019

COLLECTIVE BARGAINING

AGREEMENT

BETWEEN

SONORAN TECHNOLOGY AND

PROFESSIONAL SERVICES, LLC

and

CREW TRAINING INTERNATIONAL, INC.

and

INTERNATIONAL ASSOCIATION OF

MACHINISTS AND AEROSPACE WORKERS,

AFL-CIO

and its

Local Lodges 519

Effective Date: February 22, 2019 until February 25, 2021

TABLE OF CONTENTS

ARTICLE TITLE PAGE

Preamble 3

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

10 Severability 20 11 Miscellaneous 20 12 Workforce Administration 22 13 Jury and Witness Duty 23 14 Short-term Military Duty 24 15 Rates of Pay 25 16 Travel 26 17 Vacations 27 18 Sick Leave/Personal Time 28 19 Bereavement 29 20 Holidays 29 21 Group Benefits 31 22 Savings Plan 31 23 Technological Changes 32 24 Posting of Jobs 32 25 Mid Term Meeting 32 26 Drug and Alcohol Free Workplace 32 27 Notification of Change 33 28 Duration 33

Signature of the Parties 34

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

SONORAN TECHNOLOGY AND PROFESSIONAL SERVICES, LLC

AND

CREW TRAINING INTERNATIONAL, INC

AND

INTERNATIONAL ASSOCIATION OF MACHINISTS

AND AEROSPACE WORKERS,

AFL-CIO,

AND ITS

LOCAL LODGES 519

THIS AGREEMENT, effective as of the 22nd day of February 2019, by and between Sonoran Technology and Professional Services, LLC and Crew Training International, Inc. (hereinafter referred to as the Company or Employer, as appropriate; also, unless explicitly mentioned otherwise, Company and Companies are used interchangeably) and the International Association of Machinists and Aerospace Workers, AFL-CIO, and its Local Lodges 519 (hereinafter referred to as the Union). This agreement supersedes all previous agreements.

WITNESSETH

WHEREAS, the Union is the exclusive bargaining agent of certain employees of the Company, and

WHEREAS, the Union and the Company have negotiated a Collective Bargaining agreement covering wages, hours and other employment, and

WHEREAS, 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:

ARTICLE 1

RECOGNITION

Section 1.1–Recognition The Company recognizes the International Association of Machinists and Aerospace workers, AFL-CIO LL519 for Luke AFB, AZ, as the sole and exclusive bargaining agent with respect to rates of pay, wages, hours of work and all other terms or conditions of employment for all employees in the respective bargaining unit covered by this agreement.

Section 1.2–Bargaining Unit 1.2(a)–Bargaining Unit The Employer and the Union agree that the employees covered by this agreement shall consist of the classifications set out in this Agreement employed by the Employer with regard to the Command and Control (C2) Contract Academic Training (CAT), Courseware Development (CWD), and Distance Learning (DL) at Luke AFB, Arizona, under the United States Air Force Contract Number FA4890- 15-C-0011 and its successor contracts. Included is all full-time and regular part-time Contract Academic Training (CAT) Instructors/ Subject Matter Experts (I/SME), CRC Courseware Developers (CWD), Subject Mater Experts (SME), Senior Technical Training Specialists, Registrars, Electronic Attack Operators, Educational Technicians, CBT Programmers, and Graphic Artists employed by the Employers at Luke Air Force Base, Arizona 28-RC-213693. Excluded from the unit are all supervisors and managers, office clerical employees, professional employees and guards as defined by the National Labor Relations Act, and all other employees of the Company, including those employees on contracts other than those identified above.

ARTICLE 2

RIGHTS OF MANAGEMENT

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 of this Agreement 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. If, because of technological change, modifications to the Company’s contractual requirements, or other revised business requirements, the Company considers such subcontracting or outsourcing, it will give the Union no less than 15 days’ notice of such consideration and meet with the Union to discuss the reasons therefore.

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 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, sitdown, 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 either party of a violation of this Section 3.2 shall not be subject to the grievance procedure or arbitration provisions of this Agreement and the party shall have the right to submit such claim to the courts.

Section 3.3–Union Payroll Deduction Membership in the Union is not compulsory.

3.3(a) Upon receipt of a signed authorization form from the employee involved, the Company shall deduct from the employee’s pay an amount necessary to satisfy the financial obligation to the Union for dues during the period provided for in said authorization. Deductions shall be made from the employee’s first paycheck, on a monthly basis.

3.3(b) Deductions provide din Section 3.3(a) shall be remitted to the Union and submitted to IAM Headquarters, Attn: Reports Department, 9000 Machinists Place, Upper Marlboro, MD 20772-2687 no later than the tenth (10th) day of the month following the month in which the deductions were made and shall include all deductions made in the previous month. The Company shall furnish the Union official monthly, with a record of those for whom deductions have been made and the amounts of the deductions, and the names of those employees from whom deductions were not made and the reasons they were not made.

3.3(c) The Company shall recognize the Union’s uniform Membership and/or Check off Authorization Form.

3.3(d) In cases where improper deductions are made from the wages of an employee, and such improper deductions are received by the Union, the Union agrees to refund said deductions directly to such employee. The Company shall fix any deduction as soon as possible.

Section 3.4–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 3.5–Business Representative/Grand Lodge Representatives - Access to Site “Business Representative” is defined as anyone with Union credentials, i.e.

Business Representative, District Business Representative, Grand Lodge Representative, Aerospace Coordinator, etc. These terms are used interchangeably in this document.

The Business Representative of the Union shall have access to the Company facilities where bargaining unit employees are normally assigned 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 will not interfere with the normal conduct of the Company’s operation. The Company will not impose regulations which will render the intent of this provision ineffective. The Union shall keep the Company Manager of Labor Relations currently informed in writing of the name of the accredited Business Representative. The business representative shall notify the human resources manager or his designee prior to any visit to the site.

The Site Manager will ensure that the necessary credentials (where required) will be given to the business representative in accordance with appropriate DOD and Air Force regulations. Visits shall be made subject to such regulations as may be made from time to time by the Company.

Section 3.6–Shop Stewards

The Union may select two employees to serve as shop stewards. An additional designated alternate shall act only in the event the steward is unavailable.

Section 3.7–Departure from Work Assignment by Stewards to Investigate Complaints or Claims of Grievance The 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, 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 3.8–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/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 3.9 – Private Discussions with Employees 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 3.10–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–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 procedure.

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 cause or involuntary resignation:

STEP 1. Oral Discussion. The employee first shall 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 employee's supervisor and will attempt to effect a settlement of the complaint. This procedure, however, will not prevent an employee from contacting his supervisor 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. Grievances shall be brought to the Company within seven (7) calendar days of when the employee knew or should have known about the event(s) leading to the grievance, and in the case of a Union generated grievance, within seven (7) days of when the Union knew or should have known. Time limits may be extended by mutual agreement of the Company and the Union.

STEP 2. Grievance Reduced to Writing. If no settlement is reached in Step 1, the Steward may, within seven (7) calendar days, reduce to writing a statement of the validated grievance or complaint. Time limits may be extended by mutual agreement of the Company and the Union. Handling at Supervisory Level. If no settlement is reached in Step 1, the Steward, if he considered the grievance to be valid, may at any time reduce to writing a statement of the grievance or complaint which the grievant must sign and it shall contain 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 Site Manager for his consideration, with a copy to the designated representative of the

Company. After such submission, the Site Manager 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 Site Manager and the Steward shall sign the grievance and their signatures will indicate that the grievance has been discussed and reconsidered by them and that no settlement has been reached.

STEP 3. Written Grievance Handling at Business Representative/Grand Lodge Representative/Company Representative Level. If no settlement is reached in Step 2 within the specified or agreed time limits, the Business Representative/Grand Lodge Representative or his designee may at anytime thereafter submit the grievance to the site manager or designated representative of the Company. After such submission, the designated representative of the Company and the Business Representative/Grand Lodge 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 and the Business Representative/Grand Lodge Representative, or his designee, shall sign the grievance and their signatures will indicate that the grievance has been discussed and reconsidered by them and that no settlement has been reached.

STEP 4. Arbitration. If no settlement is reached in Step 3 within the specified or agreed time limits, then either party may in writing, within ten (10) workdays thereafter, request that the matter be submitted to an arbiter for a prompt hearing as hereinafter provided in Sections 4.6 to 4.7, inclusive.

Section 4.3–Dismissals, Suspensions, Layoff, etc.

In cases of layoff, suspension for cause, involuntary resignation, or of dismissal, the employee shall be given a copy of the layoff, suspension or termination of service slip, as the case may be, if he is available to be presented with such copy.

If he is not available, copies of the slip will be sent to the employee and to the Union office. The employee shall have the right to appeal the action shown on the slip providing the Union files a written grievance with the designated representative of the Company within five (5) workdays after the date of layoff, dismissal, or suspension for cause, or involuntary resignation, or within five (5) workdays after the date of the mailing of the copy of the slip. The written grievance then may be processed through subsequent steps.

Section 4.4–Union Versus Company Processing of grievances which the Union may have against the Company shall begin with step 3 and shall be limited to matters dealing with the interpretation or application of terms of this Agreement. 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. If no settlement is reached within ten (10) workdays (unless mutually extended) from submission of the grievance to the designated representative of the Company, both shall sign the grievance and indicate that it has been discussed and reconsidered by them and that no settlement has been reached. Within ten (10) workdays thereafter the Union may in writing request that the matter be submitted to an arbiter for a prompt hearing as hereinafter provided in 4.6 to 4.7, inclusive.

Section 4.5–Retroactive Compensation Grievance claims involving retroactive compensation shall be limited to sixty (60) calendar days; prior to the written submission of the grievance to Company representatives, provided, however, that this sixty (60) 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

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.

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.

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.

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.

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

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.

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 this Article for processing grievances and for bringing a matter to arbitration may only be extended by mutual written consent.

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/Grand Lodge Representative, When Not Available May Authorize Designee For any period that the Business Representative/Grand Lodge Representative is unavailable to serve in that capacity under this Article 4, he may designate an accredited Steward or another accredited Business Representative/Grand Lodge Representative to act for him, as his designee. As to each such period of unavailability, authorization of the designee will be accomplished by the Business Representative/Grand Lodge Representative informing the appropriate Company representative of the expected period of the Business Representative/Grand Lodge 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.

Section 4.12–Signing Grievance Does Not Concede Arbitral Issue The signing of any grievance by any employee or representative either of the Company or of the Union shall not be construed by either party as a concession or agreement that the grievance constitutes an arbitral issue or is properly subject to the grievance procedure under the terms of this Article.

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.

Instructors and Security personnel only: Seniority will be used by the Employer in making personnel actions, to include layoff, recall and promotion decisions depending on the requirements of the Company's contract with the USAF. When all other factors, including but not limited to qualifications, skill and ability, are equal, seniority will be the sole consideration.

All other classifications: Both parties further agree that the principle of site seniority, where qualifications are reasonably equal, shall be used for promotion or for retention in case of a reduction in force.

It is further recognized that the Company retains the authority to evaluate qualifications.

Section 5.1–Probationary Employees 5.1(a) For the first ninety (90) days of employment, employees shall be considered as on probation and without seniority. This period may be extended upon mutual agreement between the Company and the Union. 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.

5.1(b) During such ninety days (90) 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 site seniority lists on the date of ratification. The seniority date of each employee, who, subsequent to the effective date of this agreement, is hired, rehired or transferred into the site shall be the effective date of such hire, rehire or transfer to the site. Seniority will not be maintained if transferred to another site; the affected individual will be placed on the bottom of the new site’s seniority list.

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 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 Site Seniority shall accumulate to:

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:

5.4(b) Employees who are promoted to positions supervising site bargaining unit employees, shall retain and continue to accumulate site seniority while they remain in a supervisory position;

5.4(c) Employees while on active military service and reinstated to the same site in compliance with applicable law;

5.4(d) Time spent on authorized leave of absence for Union business in accordance with Article 8;

5.4(e) Time lost by reason of industrial injury, or industrial illness not to exceed the time limits on layoff statue provided in 5.4(h);

5.4(f) Time spent on authorized leave of absence granted because of pregnancy or to cover periods of non-industrial injury or illness, not to exceed 12 months during any such period;

5.4(g) The first 30 days of any other authorized leave of absence;

5.4(h) Time spent on layoff for a period not to exceed (5) years, or length of service, which ever is less, and returning to the same site.

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

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;

5.5(b) Discharge for cause;

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

5.5(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;

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

5.5(f) Layoff for a period in excess of five (5) years, or length of service, which ever is less.

5.5(g) Retirement;

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.

5.5(i) If a member re-locates to another site, the member retains seniority rights for Company benefits only (i.e. vacation) but goes to the bottom of the seniority list at their new location.

Section 5.6–Transfers To and From the Bargaining Unit 5.6(a) The Company may transfer or promote employees covered by this Agreement to supervisory positions.

5.6(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.

5.6(c) The Company at any time may transfer or demote to positions within the employee's site of employment 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. Employees who transfer to another job category within the site (see Article 12) shall be placed on the new category seniority list using the seniority date on the previous job category list at the same site.

ARTICLE 6

WORKWEEK, HOURS OF WORK, SHIFTS

Section 6.1–Workweek The normal workweek will run concurrently with the pay week. The normal workweek shall be forty (40) hours consisting of five (5) days of eight (8) hours with an unpaid lunch per day Monday to Friday. Two-calendar days’ notice will be given for schedule changes that affect the shift start times, or as soon as possible when the customer provides less than two days’ notice.

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. This Section is not subject to Article 4.

Section 6.2–Lunch Period Employees will be allowed one (1) paid fifteen (15) minute rest period before and one (1) paid fifteen (15) minute rest period after lunch for each scheduled work day; and one (1) unpaid thirty (30) minute or sixty (60) minute lunch period as determined by management. With prior management approval, employees will be allowed to work through their lunch period and/or rest periods, or take their rest and/or lunch periods at a later or earlier time during the shift.

Employees shall work up to the start of the rest and lunch periods and be at their place of work at the end of their rest and lunch periods. Depending on operations and schedules, employees may be required to work through their rest and/or lunch periods and take them at a later or earlier time during the shift.

Section 6.3–Work Shift Variance Work schedules may be modified by mutual agreement with the site leader, and employee.

During weeks of military down, goal, or family days, employees may 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. In the absence of a workload that requires flexed scheduling, employees are strongly encouraged to use vacation days during military down, goal, or family days.

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

Section 6.4—Part Time Employees

A part-time employee is defined as an employee hired to work for a period of no more than an average of less than thirty (30) hours per week. This may be exceeded any time by mutual agreement.

All articles in this Agreement will apply for part-time employees with the following exceptions: Part-time employees will receive prorated vacation, holiday, and sick/personal illness time based on their hours worked. Part-time employees will receive prorated jury duty, holidays, and military leave when such leave occurs when the employee is scheduled to work. Part-time employees will receive the applicable Health and Welfare benefit based on hours worked up to 40 hours per week.

Current and new hire full time employees will be given first opportunity, by seniority, for part time positions. Any full time employee, current or new hire, shall not be placed into a part-time position except by volunteer basis. If a full-time position becomes available, any qualified part-time employee, current or new, shall receive first consideration in order of seniority.

ARTICLE 7

OVERTIME

Section 7.1–Overtime In order for the Company to meet its support obligations, certain employees from time to time will be required to work overtime as well as shift work during the week, on holidays and weekends. When it becomes necessary to schedule overtime, it will first be offered to qualified employees on a voluntary basis within the work group/work area where the overtime requirement exists. The Company will attempt to equalize overtime among those qualified employees. If management fails to obtain a sufficient number of volunteers to meet the overtime requirement(s), then qualified employees may be directed to work the necessary overtime within the work group/work area where the overtime requirement exists.

The Company will provide as much advance notice of overtime requirements as possible. Overtime is only available when expressly authorized in writing and in advance by the Company.

The Company shall not require an employee to work overtime who has worked, three consecutive weekends (either Saturday or Sunday), or 160 overtime hours in the calendar quarter, except in extraordinary circumstances mandated by the customer. Hours worked on any off-site assignment shall not be included in this provision.

Overtime shall be paid at one and one-half (1.5) times an employee’s base rate, plus shift differential and lead pay if applicable, for all hours worked on a holiday as defined in Article 18, and/or for all hours worked in excess of forty (40) compensated hours in the workweek, including Saturday and Sunday. All compensated hours shall be credited as hours worked for the purpose of overtime calculation, plus pay premiums if applicable.

Wage Payment Basis. Employees shall be paid for time worked computed to the nearest quarter-hour.

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.

In any dispute regarding any claim that an employee was not given an opportunity to work overtime, the only award, if any, will be that the employee shall be provided an opportunity to work such overtime at the next overtime opportunity.

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.

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 Paid Time Off credit can be used and is used under and in accordance with Articles 17 and 18) shall be granted to an employee on the active payroll:

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, up to one year. The Company may require satisfactory proof of such illness. 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.

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 upon medical confirmation that a pregnancy exists.

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

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.

8.1(e) The Company may grant leaves of absence without pay for other reasons that the Company considers valid. Should the request for Leave of Absence be rejected by the Company, the reason will be discussed with the employee.

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:

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

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.

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

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.

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.

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.

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

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.

8.2(h) If leave was granted, not to exceed twenty-four (24) months, to accept a full-time position with the Union, the employee will be placed on a Company Recall Roster for twenty-four (24) months for use when a position becomes available upon which the employee may qualify, pending qualification and skillset checks prior to re-hiring. The employee will retain seniority.

Section 8.3 Family and Medical Leave.

The Company shall abide by all provisions of the Family and Medical Leave Act, as amended.

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 employees 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

SEVERABILITY

If any part of the Agreement is declared invalid by reason of any existing or subsequently enacted legislation, by any decree by a court of competent jurisdiction, the remaining parts of the Agreement will remain valid. The Company and the Union shall meet as soon as possible after the enactment of such legislation or decree to reestablish compliance.

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.

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 ensure 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–Bargaining Unit Status Report A seniority list, updated when changed or requested, will be provided to each Shop Steward and an additional copy will be sent to the Union. The report will include the following information:

(a) Employee name

(b) Employee number

(c) Job title and number

(d) Seniority date

(e) Employee’s on active layoff

(f) Employee’s Service Date

Section 11.6–Masculine - Feminine References Inadvertent use of masculine pronouns will be interpreted to mean all employees.

Section 11.7–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 weekly 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 11.8–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 weekly 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 11.9 – Alternate Work Location In the rare event when an employee reports to work at his normal location and the Government cannot provide a suitable work environment, the employee must make a best effort to find an alternate location to perform duties. This qualifies as services being rendered to and received by the Government. In the event that the Government will not accept services and employees are instructed not to begin performance, e.g. Government shutdown, then employees will not be compensated.

Section 11.10–Dress Code: All employees should use good judgment with regard to dress and appearance. Employees should dress in a manner that is consistent with both their place of work and the type of work they perform.

Contractor personnel shall present a neat and professional appearance and be easily recognized as contractor employees. Contractor employees shall wear a distinctive uniform either with a nametag that identifies the employee, or a nametag or badge that identifies the name of the employee and contractor. Contractor employee’s identification shall be visible at all times.

ARTICLE 12

WORK FORCE ADMINISTRATION

Section 12.1–Surplus Action 12.1(a)

In effecting a reduction in force within a job classification at each site, the following procedure shall be followed: employees will be ranked according to best job qualifications, skillset experience, and highest seniority—in that order. Reductions will then begin from the bottom of that list.

12.1(b) Affected full time employees referenced in 12.1(a), will be offered a lateral or lower job classification providing they have the required qualifications on the date of the surplus notification for that job if their seniority permits.

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 seniority, providing they have the required qualifications and are eligible for re-certification for that job.

12.2(a) Employees will be notified of recall in writing by certified mail to their last known address on the Company’s records, with a copy to the Union, and the employee will be required to report to work within fourteen (14) calendar days following receipt of the written notice. Failure to do so will result in automatic loss of seniority and the employee will be terminated. It is the sole responsibility of the employee to keep the Company properly informed of his/her address and telephone number.

Section 12.3–Temporary Assignment The Company may temporarily assign employees to perform work assignments described for other job classifications for a period not to exceed thirty (30) days unless extended by mutual agreement of the parties. No overtime will be offered to temporarily assigned employees until the provisions of Article 7 of this Agreement are met.

Section 12.4—Temporary Layoffs

When the Company determines it is necessary to reduce the number of employees working within a job classification, employees may be temporarily laid-off for not more than 14 calendar days within a 60 calendar day period. Such layoff shall be in the reverse order of seniority. The Company agrees that the Union will be notified when possible in advance.

Section 12.5—Employee Requested Transfer

The Company will maintain an environment in which employees can make known their interest in transferring to other positions which they are qualified to perform.

Employees will be notified in a manner of the Company’s choosing to make application for transfer and receive consideration as a candidate for open positions for which qualified. Both parties agree that continued service over a period of time normally does increase the worth of an employee to his/her employer. Therefore, when qualifications are substantially equal the Company agrees to recognize seniority in case of promotions in the bargaining unit.