Atch 3_CBA_RC135 E4B 1 Jan 19_21 Jan 22.pdf

COLLECTIVE BARGAINING

AGREEMENT

Between

Sonoran Technology and Professional Services, LLC and

Crew Training International, Inc. (CTI)

Darton Innovative Technologies, Inc.

The Offutt Aircrew Training Employees Association (OATEA)

Effective January 01, 2019

RC/OC-135 and E-4B Contract

FA4890-15-C-0015

Offutt AFB, NE ii

TABLE OF CONTENTS

AGREEMENT

PREAMBLE

ARTICLE 1 - RECOGNITION

ARTICLE 2 - MANAGEMENT RIGHTS

ARTICLE 3 - ASSOCIATION BUSINESS DURING NORMAL OPERATIONS

ARTICLE 4 - ASSOCIATION PRESIDENT

ARTICLE 5 - GRIEVANCE PROCEDURE

ARTICLE 6 - ARBITRATION PROCEDURES

ARTICLE 7 - NO STRIKE/NO LOCKOUT

ARTICLE 8 - BULLETIN BOARD

ARTICLE 9 - BARGAINING UNIT WORK

ARTICLE 10 - PART-TIME EMPLOYEES

ARTICLE 11 - DUES CHECKOFF

ARTICLE 12 - SENIORITY

ARTICLE 13 - REDUCTION IN FORCE

ARTICLE 14 - HOURS OF WORK

ARTICLE 15 - CLASSIFICATION AND PAY

ARTICLE 16 - COMPENSATION

ARTICLE 17 - HOLIDAYS

ARTICLE 18 - PAID TIME OFF

ARTICLE 19 - BEREAVEMENT LEAVE

ARTICLE 20 – INSURANCE/HEALTH AND WELFARE BENEFITS

ARTICLE 21 - 401(k) PLAN

ARTICLE 22 - LEAVES OF ABSENCE

ARTICLE 23 – EDUCATION/TUITION PLAN

ARTICLE 24 - SUBSTANCE ABUSE POLICY

ARTICLE 25 - NEW JOBS

ARTICLE 26 - EFFECT OF LAW

ARTICLE 27 - SUCCESSORS AND ASSIGNS

ARTICLE 28 - NON-DISCRIMINATION

ARTICLE 29 – RESERVED

ARTICLE 30 - PROMOTIONS

ARTICLE 31 - SECURITY

ARTICLE 32 - DURATION AND TERMINATION

ARTICLE 33 - CHANGES TO THE COMPANY HANDBOOK

SIGNATURES

AGREEMENT

This Agreement made and entered into this 01st day of January 2019, to become effective January 01, 2019, by and between Sonoran Technology and Professional Services, LLC (“Sonoran”), Crew Training International, Inc. (“CTI”), Darton Innovative Technologies, Inc.

(“Darton”) (together, hereinafter referred to as the Company), and the Offutt Aircrew Training Employees Association (hereinafter referred to as the Association).

PREAMBLE

The Parties have entered into this Agreement for the purpose of setting forth, in writing, the understandings they have reached with respect to wages, hours and working conditions of the Bargaining Unit Employees covered hereby, as well as to the rights of the Association and the Company, and to provide a peaceful means for the settlement of any disputes that may arise with respect to the interpretation or application of their understandings and agreements as set forth herein.

ARTICLE 1 - RECOGNITION

Section 1.1 - Recognition and Bargaining Unit. The Company hereby recognizes the Association as the sole and exclusive bargaining representative of the employees at Offutt AFB who perform work for the Company under the RC/OC-135 and E-4B (FA4890-15-C-0015) contract, excluding employees exempt from the Service Contract Act of 1965 for the purpose of collective bargaining with respect to wages, hours of work and other conditions of employment of employees in the bargaining unit as herein defined.

Section 1.2 - Association Rights. The specific terms of this contract shall be the sole source of any rights that may be asserted by the Association against the Company.

ARTICLE 2 - MANAGEMENT RIGHTS

Section 2.1 - Responsibilities of Company. Except as modified by a specific provision of this Agreement, the Company reserves and retains all of its normal and inherent rights with respect to the management of the business, including (without limiting the generality of the foregoing) its right to establish or continue policies, practices, and procedures for the conduct of the business;

to select and direct the working force, to establish, eliminate, change or combine work schedules and work assignments, which are not in conflict with the terms of this Agreement; to communicate directly with employees; to transfer, promote or demote employees, or to lay off, terminate or otherwise relieve employees from duty for lack of work or other legitimate reasons;

to make and enforce reasonable rules for the maintenance of discipline; to suspend, discharge or otherwise discipline employees for just cause; to establish the methods, processes and means of providing services; and otherwise to take such measures as management may determine to be necessary to the orderly, efficient or economical operation of the business. It is understood and agreed that any of the powers and authority, which the Company had prior to the signing of this Agreement are retained by the Company except those specifically modified, delegated or granted by this Agreement.

Section 2.2 - Waiver of Rights. The Company's failure to exercise any right, prerogative, or function hereby reserved to it, or the Company's exercise of any such right, prerogative, or function in a particular way, shall not be considered a waiver of the Company's right to exercise such right, prerogative, or function or preclude it from exercising the same in some other way not in conflict with the express provisions of the Agreement.

ARTICLE 3 - ASSOCIATION BUSINESS DURING NORMAL OPERATIONS

The Association will be allowed to conduct Association Business during normal operations on a limited basis with approval from the Program Manager. Prior to conducting any Association business during normal operations, the Association will notify the Program Manager or their designee as to the purpose of such business and the length of time required to conduct such business. Association business shall not unduly interfere with production or work being performed.

ARTICLE 4 - ASSOCIATION PRESIDENT

The Company shall recognize one (1) employee to act as Association President. The President shall be duly selected by the Association. The Association will notify the Company of the elected President. When elections for President are held, the Company, with concurrence of the Air Force, will allow the election on Company used office space. Elections for President held in Company used office space shall take place outside of normal work hours and shall not interfere with the operations of the Company. The Company shall recognize one (1) employee designated by the Association as a Vice President. The Vice President shall act in the place of the President during their absence.

ARTICLE 5 - GRIEVANCE PROCEDURE

Section 5.1 – Definition. For purposes of this Agreement, a grievance is defined as a dispute between the Company and the Association or between the Company and any non-probationary bargaining unit employee covered hereby, with respect to the alleged violation of a specific provision of this Agreement during the term hereof, and includes disputes over whether an employee has been disciplined for just cause. Grievances as herein defined shall be processed in keeping with the following procedure, which shall be the exclusive remedy for alleged violations of this Agreement by the Company:

Section 5.2 – Procedures.

Section 5.2(a) - Step 1. Both parties encourage the verbal resolution of disputes as quickly as possible. An aggrieved employee, with the Association President shall discuss the dispute with the Program Manager or, in their absence, with the Company. If the grievance has not been satisfactorily resolved within three (3) working days following its presentation to the Program Manager, then;

Section 5.2(b) - Step 2. The grievance may be submitted in writing on a form mutually agreed to by the Company and the Association, containing information set out in Section

5.5. If filed by the Association or a bargaining unit employee, a grievance may be submitted to the Program Manager, within five (5) working days following the occurrence, or the constructive knowledge thereof, which caused the grievance. However, no grievance may be submitted later than thirty (30) days after its occurrence. The Program Manager shall give their written answer to the grievance within three (3) working days after its submission in Step 2. If filed by the Company, a grievance may be submitted to the President of the Association by hand carrying or mailing the grievance by certified mail within five (5) working days following the occurrence, or the constructive knowledge thereof, which caused the grievance. However, no grievance may be submitted later than thirty (30) days after its occurrence. The Association President shall give their written answer to the grievance within three (3) working days after its submission in Step 2. Either side may request a meeting to discuss the details of the grievance and attempt to reach a resolution prior to the issuance of the written answer.

Section 5.2(c) - Step 3. The Association or the Company may appeal the grievance to arbitration by making a written request for such action not more than twenty (20) working days following the written answer of the Program Manager or the Association Representative, as the case may be in Step 2, or lack thereof.

Section 5.3 – Cases of Suspension or Discharge. The parties understand and agree that the time limits set forth in the various steps of the grievance procedure are essential to the prompt resolution of the grievances. Accordingly, if such time limits are not abided by in filing a written grievance in Step 2 or in requesting arbitration in Step 3, except in those instances where the parties mutually agree in writing to extend such time limits, the grievance shall be waived. In cases involving suspension or discharge, Step 1 will be waived and the matter taken up with the Program Manager within five (5) working days following such action by the Company. A final decision made with respect to any grievance in the first or second step of the grievance procedure shall apply to that grievance only and shall not become a binding precedent in the case of other grievances nor a precedent which shall bind the parties in interpretation of this Agreement. All settlement of grievances in step 1 or step 2 must be consistent with the terms and conditions of this Agreement.

Section 5.4 – Waiver of Time Limits. No employee may leave the job or take up formal grievance proceedings without requesting permission from the Program Manager. Such permission will be granted provided it does not retard or interfere with operations or create a hazardous condition. If permission cannot be granted at the time of the request, time limits will be waived until permission is granted. Permission cannot be delayed more than 150 days. Any other employees in the bargaining unit attending a grievance meeting at any step are subject to the same provisions. When permission is granted the Program Manager shall notify the Association Executive Board of the grievance.

Section 5.5 – Grievance Content. The written grievance shall contain the following information:

1. Name(s) of the employee(s) involved;

2. Approximate date of alleged grievance;

3. Date of first discussion of the grievance with the Program Manager;

4. Nature of the grievance;

5. Current date;

6. Article/Section of Agreement violated;

7. Requested remedy.

ARTICLE 6 - ARBITRATION PROCEDURES

Section 6.1 – Notice. Upon receipt of a notice to take a grievance to arbitration, the Parties shall jointly request the Federal Mediation and Conciliation Service to furnish a panel of seven (7) arbitrators for the purpose of selecting an arbitrator. Only the Association or the Company may invoke arbitration on the other.

Section 6.2 – Arbitrator Selection. Upon receipt of the panel, the Parties shall make mutually satisfactory arrangements for the purpose of selecting an arbitrator by the process of alternately striking the names from the list until only one (1) remains. The last remaining member shall serve as arbitrator. The Party initiating the grievance shall strike the first name from the panel.

Either Party may reject one (1) panel. Upon such rejection, an additional panel shall be requested in writing from the Federal Mediation and Conciliation Service by the party rejecting such panel with a copy of such request to the other Party.

Section 6.3 – Arbitrator’s Authority. The arbitrator's authority shall be limited to disposition of the grievance arising under the contract, and they may only interpret and apply the Contract provisions to the facts of the particular grievance. The arbitrator shall have no power or authority to change, alter, modify, detract from, or add to the terms of this Agreement. No award shall have retroactive effect prior to the date of the occurrence, which led to the filing of the grievance upon which the arbitrator's award is based.

Section 6.4 – Arbitrator’s Decision. The arbitrator's award shall be final and binding upon the Company, the Association and the bargaining unit employees. As such, no additional legal remedy may be brought against the Company by the Association or a bargaining unit employee based on an allegation that a violation of this Agreement has occurred, and the Company can bring no legal action against the Association or individual employee alleging a violation of this Agreement after a decision from an Arbitrator has been received on the specific issue.

Section 6.5 – Arbitrator’s Fees and Costs. The fees and costs of the arbitrator shall be borne equally by the Parties. Each Party shall otherwise pay its own costs and expenses.

ARTICLE 7 - NO STRIKE/NO LOCKOUT

Section 7.1 – Strikes. During the term of this Agreement, the Association, its officers, agents, representatives and members covered by this Agreement, agree that there shall be no strikes, concerted failure to report for duty, concerted absence of employees from their positions, concerted stoppage of work, concerted submission of resignations, concerted abstinence in whole or in part by any group of employees from the full and faithful performance of their duties of employment or acts of a similar nature which would interfere with production. Concerted, for purposes of this Article, shall mean two or more employees. Should the Association or employees covered hereunder breach this Article, the Company may discipline the employees involved up to and including discharge. In such event, the Association or affected employee may grieve disciplinary actions taken against any such employee only with regard to a question of an employee's participation in any of the above-described activities. However, once participation has been established, management's actions are no longer subject to the grievance procedure. In the event that employees cease work in violation of this Article, such employees shall not be entitled to any benefits or wages while they are engaged in such cessation of work.

Section 7.2 – Lockouts. The Company agrees that for the duration of this Agreement there shall be no lockouts. A lockout as mentioned herein shall not be construed as the closing down of the operation or any part thereof or curtailing any operations for business reasons.

ARTICLE 8 - BULLETIN BOARD

The Company agrees to provide bulletin board space in the working area for the purpose of posting legitimate Association notices. This bulletin board may be used by the Association for the purpose of conveying official information from the Association to bargaining unit employees. The Association shall be the sole user of the bulletin board and only documents which constitute official Association business will be posted. The Association will not use the bulletin board to criticize the Company or its agents in any respect. All information to be posted is subject to advance approval of the Program Manager for compliance with the standards set forth in this Article. The Company will not remove information, which it has approved for posting on the bulletin board.

ARTICLE 9 - BARGAINING UNIT WORK

The Company shall retain the right to determine the number of employees necessary to accomplish the work called for in providing services under its contract with the Air Force. In the event that the Company decides to use part-time workers, currently employed bargaining unit employees will be offered the opportunity to voluntarily switch to part-time status. Qualified employees identified by the Association who were previously laid off or retired will be given first right of refusal for such part-time positions in the event that no current bargaining unit employees switch to part-time status. In that event, laid off employees will be given the first opportunity, using the recall procedures specified in Article 13.

ARTICLE 10 - PART-TIME EMPLOYEES

Section 10.1 – Definition. Part-time employees are those employees who normally work less than 30 hours per week and work on an "on call" basis to meet the requirements of the daily schedule. Part time status is conveyed in the Company's offer letter. Changes from part-time to full-time status are made through a formal offer letter.

Section 10.2 – Compensation. Part-time employees are compensated at the same wage rate as full-time employees and are paid for each hour worked. Part-time employees are compensated for benefits on a "cash in lieu" basis for each hour worked in accordance with Article 20, Health and Welfare Benefits and are compensated on a pro-rata basis for holiday and paid time off for each hour worked.

Section 10.3 – Reporting Pay. In the event a part-time employee reports to work and is unable to perform their duties as a result of an operational schedule change or trainer failure, they will be compensated a minimum of two (2) hours pay.

Section 10.4 – Benefits. Part-time employees are eligible to participate in the Company’s benefit program as outlined in the Company benefit documents.

ARTICLE 11 - DUES CHECKOFF

Section 11.1 – Employee Authorization and Deductions. Upon receipt of a signed authorization of the employee involved, the Company shall deduct from the employee’s pay, the initiation fee, if any, and dues payable by them to the Association during the period provided for in said authorization. Deductions shall be made on account of dues and/or initiation fees, if appropriate, from each paycheck of the employee.

Section 11.2 – Payment of Dues to the Association. The sums deducted, as stated above, will be forwarded to the designated officer of the Association, no later than the 15th of each month following the month in which they were deducted.

Section 11.3 – Indemnification. The Association will indemnify and hold the Company harmless from and against any and all claims, demands, charges, complaints or suits instituted against the Company which are based on or arise out of any action taken by the Company in accordance with or arising out of the foregoing provisions of this Article, or in reliance on any list, notice or assessment furnished under any of such provisions.

ARTICLE 12 - SENIORITY

Section 12.1 - Definitions.

Section 12.1(a) - Seniority. Seniority shall mean an employee's length of continuous service on current or predecessor contract(s). If application of the preceding sentence results in two (2) or more employees having the same seniority date, the employee with the earliest date of birth shall be deemed most senior. Seniority shall be applicable only as expressly provided in this Agreement.

Section 12.1(b) - Seniority List. The Company will make available a seniority hire list for all employees, by classification, within a reasonable time after receiving a request for such list and, subsequently, upon additional request, when a change in the Seniority list occurs.

Section 12.1(c) - New Hires. New employees shall be on probation for 90 days from the initial hire date during which time they may be discharged at the sole discretion of the

Company. If retained after the probationary period, their names shall be placed on the Seniority List as of their date of hire.

Section 12.2 – Personnel Actions. Seniority shall not be used as a factor in personnel actions, provided however, that seniority would be considered by the Employer in making layoff, recall and promotion decisions depending on the requirements of the Company's contract with the Air Force and if all other factors, including but not limited to qualification, skill, and ability, are equal.

Section 12.3 - Loss of Seniority. An employee shall lose seniority rights for the following reasons:

Section 12.3(a) - Discharge for just cause, retirement, or resignation (quitting for whatever reason);

Section 12.3(b) - Failure to give notice of intent to return to work after recall within the time period specified in Section 13.3 of this Article, or failure to return to work on the date specified for recall, as set forth in the written notice of recall;

Section 12.3(c) - Time lapse of six (6) months, or for a period equal to the employee's seniority (whichever is less), since the last day of actual work for the Company, regardless of reason;

Section 12.3(d) - Failure to return to work upon expiration of a leave of absence, unless the Company, in its sole discretion, determines that it is legally obligated to extend the leave of absence.

Section 12.4 – Seniority Termination Notification. The Company shall notify the employee and the Association, in writing, of the reason for termination within five (5) working days of such action.

ARTICLE 13 - REDUCTION IN FORCE

Section 13.1 - Reduction in Force. In effecting a reduction of force within a job classification, the following procedure shall be followed. The first selection will be part-time employees, followed by probationary employees, and then full-time employees in reverse seniority order. It is further recognized that the Company retains the authority to use performance as the overriding factor in cases of reductions in forces, as set forth in Section 12.2 of this Agreement.

Section 13.2 - 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 for that job.

Section 13.3 – Recall Procedures. The Company will forward notice of recall by certified mail to the last known address of the employee reflected on Company records and notify the Association of the recall. A laid off employee shall promptly notify the Company of any change of address. The employee must, within three (3) business days of delivery or attempted delivery of the notice of recall, notify the Company of their intent to return to work on the date specified for recall and thereafter return to work on such date. It is agreed that, when possible, the Company will allow recalled employees up to two (2) weeks to return to work. Employees who fail to properly notify the Company of their intent to work or fail to return to work as scheduled will be considered a voluntary quit.

Section 13.4 - Part-time Employment. The Company may, providing there are no employees on active layoff status in the classification, to accommodate schedule requirements and to satisfy the requirements of the customer, hire employees specifically to work a daily or weekly work schedule which is less than the current regular workday or workweek. Part-time employees will not be utilized in a classification where it would result in a full-time employee working less than his regular scheduled work week.

Section 13.5 - Severance Pay. Employees subject to a reduction in force will be eligible for severance pay in accordance with the following schedule:

Yrs of Service Severance Amount

More than 90 days, but less than 1 year

1 week of base hourly wage rate

More than 1 year, but less than 3 years

3 weeks of base hourly wage rate

More than 3 years 5 weeks of base hourly wage rate

Section 13.6 – Years of Service. Years of Service will be based upon the employee’s seniority as defined in Section 12.1(a) of this agreement.

Section 13.7 – Conditions. Severance Pay only applies to those employees displaced off the contract in their entirety because of a government-directed deletion of work or termination for convenience, partial or otherwise. Severance Pay does not apply when the contract’s period of performance ends; an option period for one or more line items is/are not exercised; an employee’s hours are reduced for any reason; the employee transfers to another position; if the employee is not retained by the Company when the contract ends; or if the employee is not selected for hire by the successor contractor, even if the incumbent contractor is the successor.

Section 13.8 – Employee Eligibility. Severance Pay applies to employees involuntarily separated only.

Section 13.9 – Terminated Employees. Employees terminated for cause are not eligible to receive severance pay.

Section 13.10 – Payment Calculations. Severance pay will be calculated on the base hourly wage rate as defined in Section 16.1.

ARTICLE 14 - HOURS OF WORK

Section 14.1 – Workweek. The normal workweek governed by the Company handbook, will begin at 12:01 a.m., Monday, and end at 12:00 midnight the following Sunday. The normal but not guaranteed workweek for each employee shall consist of five (5) days per week from Monday through Friday. An instructor schedule will be one in which the employee's normal but not guaranteed work week is a forty (40) hour, five (5) day per week schedule.

Section 14.2 – Hours of Operation. The hours of operation are defined in the Company's contract with the Air Force. The Association acknowledges the responsibilities of the Company's operation as they are related to the support of the United States Air Force (USAF) objectives.

The parties realize the USAF may, from time to time, make unusual and immediate demands in conjunction with support requirements. Consequently, all personnel may be called upon to perform whatever duties are required for adequate performance of support requirements for the mission and operational capabilities for RC/OC-135 and E-4B contract.

ARTICLE 15 - CLASSIFICATION AND PAY

Section 15.1 – Temporary Assignments. The Company may temporarily upgrade an employee to a higher paid classification. An employee will receive the higher classification rate for the time they work in the higher paid classification.

Section 15.2 – Pay Frequency and Method. All wages payable to employees hereunder shall be paid semi-monthly. Automatic Deposit of payroll checks is required IAW the Company handbook.

ARTICLE 16 - COMPENSATION

Section 16.1 – Rates of Pay. The following base wage rates will be effective on the dates shown below for the period of this Agreement and apply to all bargaining unit employees:

Current 1 Apr

1 Apr

1 Apr

1 Apr

Instructor Pilot 66.16 70.00 72.10 74.26 76.49 Education Technologist 41.78 51.50 53.05 54.64 56.28 Instructor 41.78 51.50 53.05 54.64 56.28 Instructor Navigator 50.00 51.50 53.05 54.64 56.28 Computer Programmer II 36.59 37.68 38.81 39.97 41.17 Administrative Assistant 36.59 37.68 38.81 39.97 41.17 Registrar 36.59 37.68 38.81 39.97 41.17 Scheduler 36.59 37.68 38.81 39.97 41.17

Section 16.2 – Definition. Base hourly wage rate when used throughout this Agreement shall mean the hourly wage rate paid in each respective classification for the relevant time period set forth in Section 16.1 above.

Section 16.3 – Lead Pay. The decision to create a lead position, appointment, and reassignment of an employee to a lead shall be at the sole discretion of the Company and such rights shall not be subject to the grievance process. An employee assigned in writing by the Company for a period of 40 consecutive hours shall be paid a premium rate per hour above their base rate. The current rate is at $3.00; starting 1 April 2019 the rate will be changed to $4.50 per hour above their rate for the additional lead duties.

Section 16.4 – Reporting Pay. Full-time employees reporting for work will receive a minimum pay guarantee of four (4) hours work.

ARTICLE 17 - HOLIDAYS

Section 17.1 – Holidays. In accordance with the Company handbook, the following ten (10) days each year shall be paid holidays. Employees will receive eight (8) hours pay at their standard hourly wage rate of pay plus health and welfare benefit. Employees who work less than a 40 hour workweek will receive pro-rated holiday pay based on the percentage of hours regularly scheduled to work out of 40 hours (for example, a 32 hour employee would receive 6.4 hours pay, 80% of 8 hours).

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

Section 17.2 – Holiday Designation. Any Holiday falling on a weekend day will be celebrated on the day set by the Air Force. Employees will not be required to work on a holiday except where dictated by the operational needs of the Air Force or the Company.

Section 17.3 – ACC Down Days. Employees will be provided 8 hours of Company Paid Time Off (CPTO) for ACC Down Days designated by the Commander, Air Combat Command or as many hours of paid time off as the employee is scheduled to work on a designated ACC Down Day in the event the employee is scheduled for less than 40 hours per week. A maximum of four

(4) days per calendar year will be designated as ACC Down Days which will be selected by the OATEA Association and submitted for approval to the Program Manager. From the list of four

(4) selected days, there will be two (2) guaranteed Down days. One (1) ACC Down day will be selected by the Program Manager and one (1) ACC Down day will be selected by the OATEA Association. Approval for the remaining 2 non guaranteed ACC down days will be contingent upon the completion of all contract requirements and requires the approval of the Program Manager.

Section 17.4 – Eligibility. Employees must be on a paid status the day before and the day after a holiday in order to receive holiday pay. Employees will not receive holiday pay if they are on a leave of absence (unpaid leave status) when the holiday occurs. A holiday can never be the last day of employment.

ARTICLE 18 - PAID TIME OFF

Section 18.1 – Qualifying Period. The qualifying period for paid time off shall be in accordance with Section 18.2 of this CBA. If operational requirements prevent an employee from taking enough paid time off to decrease their balance to the point where they can be awarded their anniversary maximum, then, with Program Manager and Company Human Resources approval, the Company may award hours above their maximum balance. With Company approval, employees may request and borrow up to 40 hours of paid time off in advance of their anniversary date. Probationary employees will not be eligible to take paid time off.

Section 18.2 – Paid time off Hours. Paid time off vests on the employee’s anniversary date and is not earned until it vests, with the exception of first-year employees that earn 40-hours of PTO upon completion of their probationary period. Paid time off will be awarded as follows, as based on a 40-hour work week:

For each anniversary that occurs on or after April 1, 2019:

Anniversary Date Maximum Hours Awarded on

Anniversary Date Maximum Balance 90 days – 1year * 40 hours 40 hours

1st – 4th 112 hours 132 hours 5th – 9th 152 hours 172 hours

10th – 20th 192 hours 212 hours 21st + 232 hours 252 hours

*At the 1-year anniversary, employees are credited the PTO at the 1- year rate, less any accrued but unused hours prior to the start date

Section 18.2(a) - Pro-rated paid time off for employees working less than 40 hours Any employee who is regularly scheduled to work less than a 40-hour workweek will accrue paid time off on a pro-rated basis as of April 1, 2019, and will be subject to a pro-rated maximum balance limit.

For example, the pro-rated vesting amount on the next anniversary date of a 36-hour workweek employee is as follows:

x 100% of annual paid time off hours (or maximum balance hours) as listed for a 40 hour a week employee times the number of months from the last anniversary date though March 2020, divided by twelve months, plus, x 90% (36/40) of annual paid time off (or maximum balance hours) hours times the number of months from April 2019 to the next anniversary date, divided by twelve months

On the anniversary following April 1, 2019 and any following anniversaries, any employee working less than a 40-hour work week will have their paid time off and maximum balance hours pro-rated at the applicable percentage of the week worked (number of scheduled hours divided by 40). For example, employees working a 36-hour workweek will vest 90% (36/40) of the applicable annual paid time off hours listed above.

Section 18.3: Carryover and Maximum Balance of Hours.

Employees may carry over all unused but previously vested vacation hours. Employees will not vest in excess of the maximum balance outlined in Section 18.2. If the vesting of additional hours on the employee’s anniversary date will cause the employee to exceed the maximum balance, the vested amount for that year will be decreased by the number necessary to keep the total balance equal to or under the maximum balance (i.e., the employee will not be awarded those hours that would exceed the maximum).

Section 18.4 - Pay in Lieu of Paid time off. There will be no pay in lieu of time off for paid time off. Paid time off shall be paid at the employee’s base hourly wage rate at the time the paid time off is taken.

Section 18.5 - Requesting Paid time off. Leave Requests must be submitted at least two (2) days prior to the commencement of the leave to the supervisor and the Program Manager for approval.

Section 18.5(a) - Written approval may be waived if leave is required due to illness or an emergency. The Program Manager may provide verbal approval for these types of situations.

Section 18.5(b) - Paid time off shall be taken at such time as designated by mutual agreement between the Company and employee and shall not be canceled unless required by the operational needs of the Air Force or the Company. The minimum period of time an employee may request paid time off is in one-half hour increments. If leave is requested to be cancelled, the Program Manager is the approving authority.

Section 18.6 - Paid time off Payout.

Terminating employees will be paid on their final paycheck for all unused paid time off.

Section 18.6(a) – A terminating employee will not be permitted to take paid time off during their notification period unless approved in writing by their supervisor. This period is needed to facilitate a smooth transition of work lead/projects from the terminating employee to the Company or to the departing employee’s replacement.

Section 18.6(b) – Prorated Vacation Payout for employment termination prior to anniversary date – In the event an employee is involuntarily terminated for reasons other than just cause and has worked a minimum of one year employment then PTO shall be paid to this employee at a monthly vested rate for the year in which termination occurred. This does not apply to contract end and the employee must meet the qualifications under Section 13.7.

For example, a terminated employee that has worked on the contract for 2 years and 6 months would receive PTO pay out of 56 hours, plus any hours carried over from the previous year. (Prorated PTO earned 2nd year is 112 hours, divided by 12 months is 9.3 hours times 6 months worked equals 56 hours)

Section 18.7 - Leave Without Pay. All paid time off must be exhausted before leave without pay may be approved.

Section 18.7(a) - All leave without pay must be approved in writing by the Program Manager prior to taking Leave Without Pay.

Section 18.7(b) - Leave without pay approved at least 24 hours in advance will not be considered an absence for punitive reasons.

Section 18.8 – Leave of Absence. Employees who take a leave of absence of six months or less and who return within a single anniversary year will be awarded paid time off on a pro rata basis for that year as of their next anniversary date. Employees who take a leave of absence of six months or less that extends beyond their anniversary date and who return will be awarded paid time off on a pro rata basis for the year of departure upon their return, and on a pro rata basis for the year of return on their next anniversary date.

ARTICLE 19 - BEREAVEMENT LEAVE

Section 19.1 – Notice. Effective the date of this Agreement, employees are eligible for paid leave to bereave and attend the funeral of a family member.

Section 19.2 - Criteria for Five (5) Days of Leave. Employee will be provided up to five (5) days of leave for the death of a spouse, child, or biological/adoptive parents.

Section 19.3 - Criteria for Three (3) Days of Leave. Employees will be provided up to three

(3) days of leave for the death of a brother, sister, mother-in-law, father-in-law, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparents, or grandchildren.

ARTICLE 20 – INSURANCE/HEALTH AND WELFARE BENEFITS

Effective 1 April 2019, the Company will provide each full time employee $5.22 per hour paid to purchase or offset the cost of medical/dental/life/disability insurance or other benefits that may be available now or in the future through the Company. All issues such as eligibility, enrollment, and claims will be as specified in the plan documents. This amount includes company-provided employee Life/AD&D Insurance and company-provided employee Short- Term and Long-Term Disability Insurance. The remaining balance per hour, per employee, can be used to purchase optional individual/family benefits. Any unused portion will be paid to the employee as "Cash-in-lieu,” less applicable individual payroll taxes.

The current rate of $4.79 per hour will increase to $5.22 on 1 Apr 2019, $5.48 on 1 Apr 2020 and to $5.75 on 1 Apr 2021.

ARTICLE 21 - 401(k) PLAN

Section 21.1. The Company will provide a 401(k) Savings Plan for employees, to which plan-eligible employees may defer compensation within limitations provided by law and the plan document. All conditions of participation, eligibility, vesting, and distribution of benefits will be governed by the plan document. For purposes of calculating vesting eligibility periods, the employee’s seniority date shall be used for length of employment.

Section 21.2. The company will provide a matching contribution of $0.50 per $1.00 of participating employee's semi-monthly elective contribution, up to a maximum company contribution equal to 4% of the employee's base semi-monthly pay. The maximum annual company contribution is four percent (4%) of the employee's annual salary base. Effective April 1, 2019, the Company will provide a 4% direct contribution. Vesting procedures will be in accordance to each Company’s handbook and procedures.

ARTICLE 22 - LEAVES OF ABSENCE

Section 22.1 – Non-Medical Leave. Leaves of absence (non-medical) without pay for more than five (5) days may be granted at the sole discretion of the Company upon request by an employee, for a period not to exceed thirty (30) calendar days. .Employees must request such unpaid leaves to the Program Manager, in writing, at least five (5) calendar days prior to the date the unpaid leave would begin. Under extenuating circumstances, the five (5) day notice may be waived upon approval of the Program Manager and the Company Human Resources representative.

Section 22.2 – FMLA. Employees will be allowed to take up to take up to 12 weeks of paid/unpaid family/medical leave within any 12-month period and be restored to the same or an equivalent position upon return from leave providing:

1. The employee has worked for the Company for a least 12 months (need not be consecutive), and for at least 1,250 hours in the last 12 calendar months; and

2. The worksite maintains 50 or more employees within a 75-mile radius for each working day at least 20 workweeks in the current or the preceding year.

Section 22.2 – Seniority Rights. Employees on unpaid leaves of absence shall retain seniority while on leave, consistent with Article 12, Section 12.3(d). An employee shall lose his seniority and be terminated for the following:

Section 22.2(a) - Failure to return from a leave of absence on the agreed upon date;

Section 22.2(b) - Falsifying a reason for a leave of absence; and/or

Section 22.2(c) - Becoming gainfully employed during a leave of absence without prior approval from the Company.

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Section 22.3 – Extension of a Leave of Absence. Any requests for extensions past the thirty

(30) days may be granted at the sole discretion of the Company.

ARTICLE 23 – EDUCATION/TUITION PLAN

Section 23.1 – Continuing Education and Certification Assistance. Full-time employees, who have completed 90 days of employment with the Company, may continue their education in a job-related field. The Company will reimburse the employee 100% of registration and tuition fees or 100% of Certification Cost. The maximum Company contribution to this Plan for all employers combined is $5,000.00 per year starting 1 Apr 2019, and is shared among all employees. In cases of multiple requests, the Company reserves the right to choose which request has higher priority. All courses must be approved in advance by the Program Manager and Company’s Human Resources.

Section 23.2 - Minimum Grade Requirement. A grade of B or numeric equivalent in each course is required or in the case of Certifications, passing the exam or receiving the Certificate is required in order for the employee to receive reimbursement.

Section 23.3 - Payback Provision. If an employee terminates employment in order to seek employment elsewhere within one (1) year after completing a course, they will be required to repay the Company for any reimbursements they received for that course or certification. If an employee’s work is terminated for any other cause, this provision will not apply.

Section 23.4-Contract Turnover. If the Company loses the contract, for any reason, an employee will not be required to repay the Company for any tuition reimbursement that occurred within one (1) year of contract end.

ARTICLE 24 - SUBSTANCE ABUSE POLICY

Section 24.1 - Drug and Alcohol Free Workplace. The Company and the Association are committed to providing employees with a drug-free and alcohol free workplace. It is the goal of both parties to protect the health and safety of employees and to promote a productive workplace, as well as to protect the reputation of the Company, the Association and the employees. Consistent with these goals, the Company prohibits the use, possession, distribution, or sale of drugs, drug paraphernalia, or alcohol on Company premises. The Company also prohibits an employee from being under the influence of illegal drugs or alcohol while at work.

Section 24.2 - Employee Drug Testing Program. If a program of employee testing is necessary to comply with Federal and State regulations, the RC/OC-135 and E-4B Contract, or similar requirements, a program of testing will be instituted subject to mutual consent of the Company and the Association to allow Company compliance with those regulations.

Section 24.3 - Pre-Employment Drug Testing. The Company maintains the right to conduct pre-employment drug testing as a condition of employment.

ARTICLE 25 - NEW JOBS

Section 25.1 - Notification. When new bargaining unit jobs are required that cannot be properly encompassed within an existing job specialty, the Company will notify the Association of the requirements. The Association shall have thirty (30) days from the date of establishment of the new job in which to request collective bargaining regarding the rate of pay. If necessary, this matter is subject to the grievance procedure up to and including arbitration.

Section 25.2 – Job Qualifications. The Company has the right to determine the job qualifications. Copies of job descriptions and required qualifications shall be retained by the Program Manager and shall be made available to employees upon request. The Association shall be advised, in writing, of any revisions or modifications of job descriptions or qualifications.

ARTICLE 26 - EFFECT OF LAW

Section 26.1- Invalidation of a CBA Provision. In the event that any Federal or state legislation, governmental regulations or court decisions cause invalidation of any article or section of this Agreement, all other articles and sections not so invalidated shall remain in full force and effect.

Section 26.2 – Clause Replacement. Within thirty (30) calendar days, the Company and the Association shall meet to attempt to negotiate new contract language to replace the particular clause(s), which was invalidated by Federal, or state legislation, governmental regulations or court decisions.

ARTICLE 27 - SUCCESSORS AND ASSIGNS

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

ARTICLE 28 - NON-DISCRIMINATION

The Company and the Association agree not to discriminate against any employee covered by this Agreement because of race, color, religious creed, sex, age, national origin, ancestry, citizenship status, pregnancy, childbirth, physical disability, mental and/or intellectual disability, age, military status or status as a Vietnam-era or specials disabled veteran, marital status, registered domestic partner or civil union status, gender (including sex stereotyping and gender identity or expression), medical condition (including, but not limited to, cancer related or HIV/AIDS related), genetic information, or sexual orientation in accordance with applicable federal, state, and local laws. Claims of such discrimination will be subject to the grievance and arbitration provisions of this Agreement. The Company and the Association agree not to unlawfully discriminate against or harass any employee because of membership in or non-membership in the Association.

ARTICLE 29 – RESERVED

ARTICLE 30 - PROMOTIONS

Section 30.1 – Notice. The Company will endeavor to transfer employees to higher paid positions from within the bargaining unit if available employees have the skill and ability necessary to do the work. If two or more employees are eligible and express an interest, seniority shall govern if qualifications are substantially equal.

Section 30.2 – Open Positions. The Company will notify the bargaining unit employees of any openings to be filled within the bargaining unit, three (3) business days prior to filling the position.

Section 30.3 – Probationary Period. Upgraded employees will be considered on probation in new positions for ninety (90) calendar days after upgrading. During this period, the Company may, at its discretion act to reclassify the employee to their former occupation if determined, by the Program Manager or their designee, that the employee is not meeting the qualifications for that upgraded job classification.

ARTICLE 31 - SECURITY

Section 31.1 – Association Recognition. The Association recognizes that the Company may now have, or may incur in the future, obligations with respect to the security of information and materials under contract with the government.

Section 31.1(a) - The Association agrees that nothing contained in this Agreement shall place the Company in violation of security agreements with the government.

Section 31.2 – Security Clearances. It is understood by and between the parties hereto that as a necessary condition of continued employment, employees shall be subject to investigation for security clearance or national agency check and/or unescorted entry authorization under regulations prescribed by the Department of Defense, or other agencies of the United States government on government work, and that denial of such clearance and/or unescorted entry authorization by such governmental agency shall be cause for release from the Company due to inability to meet job requirements, such clearance and/or unescorted entry and/or ability to obtain Counterintelligence Polygraph.

Section 31.3 – Release of Liability. It is understood that there shall be no liability on the part of the Company for any release growing out of the denial of clearance and/or unescorted entry authorization by the United States government.

Section 31.4 – Seniority Reinstatement. The Company will reinstate the seniority of an employee whose denied security clearance is reinstated by the federal government. A non-probationary employee who loses his security clearance or site access for any reason will not lose their seniority until final adjudication of his appeal. Any employee whose seniority is reinstated under this provision will be reinstated in his previously held occupational title.

Section 31.5 – Status of Employee Awaiting Appeal. An employee, who is awaiting final adjudication of his appeal, may be allowed to continue to perform duties that do not require a security clearance, if such duties are available. Otherwise, the employee will be treated as on lay off status until their security clearance has been reinstated.

ARTICLE 32 - DURATION AND TERMINATION

Section 32.1 - Expiration Date. This Agreement shall continue in full force and effect through 21 Jan 2022.

Section 32.2 - Notice to Modify or Terminate Automatic Renewal. This Agreement shall continue in effect for successive yearly periods after 21 Jan 2022 unless notice is given in writing by either the Association or the Company to the other party at least sixty (60) days and not more than ninety (90) days, prior to subsequent renewal dates after 21 Jan 2022. If such notice is given, this Agreement shall be open to modification, amendment, or termination, as such notice may indicate, on 22 Jan 2022 or the subsequent anniversary date, as the case may be.

Section 32.3 -Waiver of Bargaining During Contract Term. The Association and the Company, for the life of this Agreement, each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to in this Agreement, or with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement.

Section 32.3(a)…