CBA FA489015C0018 HMN 9Apr21-30Apr24 (pg 22 REDACTED).pdf
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- Attached to
- Aerial Targets III FY23 Federal contract opportunity
- Solicitation number
- FA489021CPKCA
About this file
This document outlines a collective bargaining agreement between PAE Aviation and Technical Services, LLC and the International Association of Machinists and Aerospace Workers Local Lodge 2515. The agreement covers aircraft repair, maintenance and supply employees at Holloman Air Force Base, NM working on the QF-16 Aerial Targets aircraft maintenance contract. Key provisions include recognition of the union as the exclusive bargaining representative, grievance and arbitration procedures, seniority and layoff policies, wage rates and job classifications by appendix, standards for overtime, holidays, vacations, health and welfare benefits including pensions, and safety equipment reimbursement terms.
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Text version
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
PAE AVIATION AND TECHNICAL SERVICES, LLC
AERIAL TARGETS PROGRAM, HOLLOMAN AFB, NM
AND
LOCAL LODGE 2515
THE INTERNATIONAL ASSOCIATION OF MACHINISTS &
AEROSPACE WORKERS
FOR EMPLOYEES ON THE QF-16 AERIAL TARGETS
PROGRAM AIRCRAFT MAINTENANCE CONTRACT
EFFECTIVE: April 9, 2021 thru April 30, 2024
Table of Contents
PURPOSE OF AGREEMENT
ARTICLE I GENERAL PROVISIONS
ARTICLE 2 RECOGNITION AND EXCLUSIVE REPRESENTATION
ARTICLE 3 TERM AND NOTICE OF CHANGE OR TERMINATION
ARTICLE 4 MANAGEMENT RIGHTS
ARTICLE 5 NO STRIKE- NO LOCKOUT
ARTICTLE 6 UNION/AGENCY SHOP AND CHECK OFF
ARTICLE 7 SEPARABILITY
ARTICLE 8 SECURITY
ARTICLE 9 NON DISCRIMINATION
ARTICLE 10 UNION AND NON UNION WORK
ARTICLE 11 UNION·COMPANY RELATIONS
ARTICLE 12 MISCELLANEOUS PROVISIONS
ARTICLE 13 GRIEVANCES AND ARBITRATION
ARTICLE 14 DISCHARGE AND DISCIPLINARY ACTION
ARTICLE 15 SENIORITY
ARTICLE 16 LAYOFF AND RECALL
ARTICLE 17 PROMOTIONS
ARTICLE 18 ABSENCE
ARTICLE 19 HOLIDAYS
ARTICLE 20 VACATION
ARTICLE 21 WAGE RATES
ARTICLE 22 JOB CLASSIFICATION/NEW JOBS
ARTICLE 23 WORKWEEK/OVERTIME/CALLBACK
ARTICLE 24 LEAD EMPLOYEE
ARTICLE 25 HEALTH & WELFARE BENEFITS
ARTICLE 26 HAZARDOUS DUTY / DIFFERENTIAL PAY
ARTICLE 27 DELAYED REPORTING
ARTICLE 28 SAFETY EQUIPMENT, CLOTHING, AND PHYSICAL EXAMINATIONS
APPENDIX A
PURPOSE OF AGREEMENT
(A) This Agreement, entered into by and between PAE Aviation and Technical Services, LLC
(hereinafter called "the Company"), and the International Association of Machinists and Aerospace Workers, represented by Local Lodge 2515 (hereinafter called "the Union"), a non-profit organization, evidences the desire of the parties hereto to promote and maintain harmonious relations between the Company and its employees, as they are defined in Article 2 Subsections (A) and (B), of this Agreement, and the Union as their Representatives. The term "Company" as used throughout this Agreement refers only to the Company's sites covered by this Agreement as defined in Article 2, Subsection (A).
(B) The purpose of this Agreement is to ensure industrial peace. To this end, it is recognized that there must be mutual understanding, harmony and cooperation among employees and between employees and the Company, and the Union and the Company; that operations must be uninterrupted and duties faithfully performed in order for the Company and its employees to fulfill their mutual and vital responsibilities to both the public and to the Government; and that the business of the Company must be operated with economy and efficiency with due regard to competitive conditions. It is recognized by the Agreement to be the duty of the Company, the Union, and the employees to cooperate fully, both individually and collectively, for the advancement of said conditions.
(C) It is agreed that the parties desire to enter into this Agreement to establish wages, hours, and working conditions and to provide for the peaceful settlement of disputes and grievances that may arise affecting the employees covered hereby.
NOW, THEREFORE, the parties agree as follows:
ARTICLE I - GENERAL PROVISIONS
(A) In reaching this Agreement, the parties hereto have fully exercised and complied with any and all obligations to bargain and have fully considered and explored all subjects and matters in any way material to the relationship between the parties. In negotiating and agreeing to this contract, all matters concerning for which parties' contract could have been considered and disposed of.
(B) Any practice of the company in the past not specifically set out herein is expressly eliminated as a subject for bargaining, and, during the life of this Agreement, may not be raised for further bargaining or negotiations.
(C) This Agreement can be changed or modified only by a document in writing signed on behalf of both parties hereto by their duly authorized representatives, provided, however, that such changes or modifications are ratified by the membership of the Union. Written agreements regarding interpretations or understandings may be made between the Company and the Business Representative and the Negotiating Committee that do not change or modify the Agreement and shall not require the ratification of the membership.
(D) The waiver of any conditions or breach of this Agreement by either party shall not constitute a precedent for any further waiver of such condition or breach.
(E) Either party hereto shall be entitled to require specific performance of the provisions of the Agreement. It shall be the duty of the Company and its representatives and the Union and its representatives to comply with and abide by all of the provisions of this Agreement.
ARTICLE 2 RECOGNITION AND EXCLUSIVE REPRESENTATION
(A) Definition of Bargaining Unit and Employees Covered by this Agreement. The Company recognizes the Union certified by the National Labor Relations Board on March 17, 2015, Case No. 28-RC-145542 as the exclusive representative and bargaining agent with respect to rates of pay, wages, hours and other conditions of employment for the bargaining unit comprised of all aircraft repair, maintenance and supply employees, including quality control inspectors, support personnel (such as material, planning, and scheduling employees) employed by the Company at Holloman AFB, NM. The word "employee" or "employees", as used in this Agreement, means all employees of the Company employed at Holloman AFB, NM:
(B) Employees Excluded from the Bargaining Unit
Excluded are all office clerical employees, guards, professionals and supervisory employees (such as managers and supervisors) defined by the National Labor Relations Act employed at the location identified in paragraph (A) of this Article.
(C) Application of the Agreement
This Agreement, except as otherwise specifically provided, shall be applied uniformly to each of the location as identified in paragraph (A) of this Article.
(D) Non-Bargaining Unit Personnel
It is understood and agreed that non-bargaining unit employees will not perform work customarily performed by bargaining unit employees except under the following conditions:
a) To instruct or advise employees working a malfunction/discrepancy on a scheduled aircraft which must be corrected expeditiously in order to successfully launch the aircraft, when bargaining unit employees with the necessary skills are not immediately available.
b) In emergencies. The term "emergency" is defined to mean an unforeseen combination of circumstances which call for immediate action to prevent damage to aircraft, equipment or injury to personnel.
c) When an employee fails to report to work and other qualified employees are not available. It is agreed that the Company will make a reasonable effort to locate and assign qualified bargaining unit employees to perform the work.
(E) Nothing in this Article is intended to dilute bargaining unit work.
ARTICLE 3 TERM AND NOTICE OF CHANGE OR TERMINATION
(A) This Agreement shall be effective April 9, 2021, and shall remain in full force and effective until April 30, 2024, and thereafter from year to year, until modified, amended, or terminated, as hereinafter provided. All economic improvements will be implemented October 4, 2021 and the start of the first pay period in October of each year thereafter.
Not more than seventy-five (75) calendar days nor less than sixty (60) calendar days prior to the expiration date of this Agreement, or prior to the expiration of any subsequent yearly period, either Party may give to the other party written notice of desire for modification or amendments. The Parties agree to meet within fifteen (15) days after such notice to make arrangements for the commencement of negotiations meetings. Unless otherwise agreed to, such meetings will begin prior to forty-five (45) days before the expiration date established as provided above. In the event of a failure of the parties to reach an Agreement upon such modifications or amendments by the 30th April 2024, the anniversary date of this Agreement, either party, at any time thereafter, may terminate this Agreement upon giving five (5) days prior written notice to the other party.
(B) In witness whereof, the parties have caused this agreement to be executed by their authorized representatives on April 9, 2021.
ARTICLE 4 MANAGEMENT RIGHTS
(A) 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 its right to establish or continue policies, practices, and procedures for 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 hire, promote or demote employees, to lay off, terminate or otherwise relieve employees from duty for legitimate reasons; to make and enforce reasonable rules for the maintenance of discipline; to suspend, discharge or otherwise discipline employees for cause; and otherwise to take such measure as management may determine to be necessary to the orderly, efficient or economical operation of the business.
(B) No Company rule, regulation, and/or policy shall be in conflict with the provisions of this agreement, nor shall the Union be restricted from contesting the implementation of any rule, regulation, and/or policy through the procedures defined in the grievance section of this agreement.
ARTICLE 5 NO STRIKE- NO LOCKOUT
(A) It is the intent of the parties to provide the exclusive procedures through which the Union, the
Company and the employees shall resort to secure redress for grievances from this Agreement.
(B) The Union shall not cause nor permit its members to cause, nor shall any member of the Union take part in any strike, work stoppage, sit-down strike, stay-in, sympathy strike or slowdown in any Company location or any curtailment of work or restriction of production or interference with the operations of the Company.
(C) The Company agrees that, during the term of this Agreement, it will not authorize or direct a lockout.
ARTICTLE 6 UNION/AGENCY SHOP AND CHECK OFF
(A) As permitted in Law, all of the Company's present employees within the bargaining unit shall become Union members within thirty (30) days of the effective date of this Agreement and shall remain members of the Union as a condition of employment. As permitted by Law, all newly hired employees in the bargaining unit shall become members of the Union beginning the thirty-first (31st) day after their date of hiring and shall remain members of the Union as a condition of employment. To be a member of the Union a member must pay all initiation fees, reinstatement fees, Union dues and assessments uniformly required of all members.
(B) In the event that paragraph (A) of this Article is or becomes illegal at any of the locations listed in Article 2, (A) by reason of a law prohibiting the union shop, then the parties will substitute an agency shop provision for the union shop provision if such substitution can lawfully be made. Such agency shop provision, if legal, would require the affected employees in the bargaining unit to pay agency fees determined by the Union for services rendered by the Union.
(C) The Company will within 10 days after written notice from the Union discharge any employee who is not a member with the Union. For purposes of this Section, a member shall mean the regular payment of agency fees or a union member who has paid required fees, dues or assessments.
(D) The Company agrees to deduct from an employee's payroll check, Union dues, initiation fees, reinstatement fees, assessments, or agency fees for all employees covered by this agreement, provided that the Union or the employee delivers to the Company a written authorization to make such deductions, signed by the employee, irrevocable for one year or the expiration date of this agreement, whichever shall occur sooner. The Company shall make deductions for each member or agency fee payer from the first pay deposit slip of such member or agency fee payer each month.
(E) Such payroll deductions referred to in paragraph (D) shall be remitted to the Secretary
Treasurer of the Union the week immediately following the payroll deductions are made. The Company shall furnish to the Secretary Treasurer of the Union monthly, a record of those from whom deductions have been made and the amounts of the deductions. The company shall provide to the Secretary Treasurer of the Union with a listing, on a monthly basis, of all newly hired or laid-off employees.
(F) Nothing contained in this Article shall be construed to require the Company to violate any applicable law. It is understood and agreed that the Union will defend, save, hold harmless and indemnify the Company from any and all claims, demands, suits or any other forms of liability that shall arise out of the execution, placing in effect or carrying out of the terms of this section by the Company.
(G) Should any errors in the payment of dues occur, this matter will be handled solely between the
Union and the member.
ARTICLE 7 SEPARABILITY
(A) Should any part hereof or any provisions herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or a decree of a court of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof and they shall remain in full force and effect.
(B) The Company and the Union shall, negotiate the provision of the Agreement affected by such legislation or court decree. Any modification or changes to this agreement brought about by the above negotiations shall be in writing and signed by the parties hereto.
ARTICLE 8 SECURITY
(A) The Union recognizes that the Company may now have, or may incur in the future, obligations with respect to the security of information and materials under contract with the Government.
(B) The Union agrees that nothing contained in this agreement shall place the Company in violation of security agreements with the Government.
(C) 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.
(D) 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.
(E) In the event that such Government Agency following the taking of such action advises the
Company in writing, that such an employee is no longer restricted from access to Government- managed property or restricted from work on or access to classified information and material, the Company may reinstate the employee with seniority, to the same job classification with the same Unit and Technical Specialty held at the time such action was taken, subject to the applicable seniority provisions of the Agreement, if he/she promptly applies for such reinstatement.
ARTICLE 9 NON DISCRIMINATION
(A) The Company and the Union separately and jointly recognize their obligation to abide by those state and federal laws relating to equal employment treatment, opportunity and nondiscrimination. The Agreement shall be applied fairly and shall not in any way be used to discriminate against employees on account of race, color, religious affiliation, sex, age, national origin, veteran, or handicap status.
ARTICLE 10 UNION AND NON UNION WORK
(A) Employees who are part of the Union will under no circumstances perform any task involving the planning, organizing, or directing of any work by other Union employees, be responsible for facilities and/or property not directly associated with his individually assigned classification or any other supervisory/management related function.
ARTICLE 11 UNION·COMPANY RELATIONS
(A) Upon execution of this Agreement, the Union shall promptly furnish the Site Manager, in writing, the names of the Union Stewards. Thereafter, the Union shall promptly advise the Site Manager, in writing, of any change in Stewards. No Steward will be recognized as such by the Company prior to receipt of written notice of notification.
(B) The scope of the Stewards activities on Company time shall be limited to the following:
a) To consult with an employee regarding the presentation of a request or clarification concerning this Agreement, complaint, or grievance which the employee desires the Steward to be present.
b) To investigate a complaint or grievance of record before presentation to the appropriate supervisor.
c) To present a request concerning this Agreement, complaint, or grievance to an employee's immediate Supervisor in an attempt to settle the matter for the employee or group of employees who may be similarly affected.
d) To meet by appointment with the Site Manager or other designated representative of the Company, when necessary to adjust grievances in accordance with the grievance procedure of this Agreement.
e) Each new employee covered by this Agreement shall be introduced to the Union Steward by the Supervisor in the activity to which such employee will be permanently assigned within three (3) workdays.
f) To report safety hazards or make safety recommendations to the management of his (her) area.
(C) It is agreed that a Steward may receive, but not solicit, grievances from employees. For purpose of this agreement, the term "solicit" means the steward will receive grievances from employees and not petition for grievances. However, this does not limit the Steward from notifying the employee(s) that he/she has been grieved due to a breach or violation of this agreement. The Union recognizes and agrees that a Steward will carry out his/her duties with a minimum of interference with the orderly progress of Company work.
(D) There will be one Shop Steward.
(E) In addition to that steward designated above, a Chief Steward shall be designated and assigned to the entire Holloman contract work area. It is agreed that since the Chief Steward has a regular work assignment to be performed, that contacts involving union business with other employees or Steward, or the Business Representative of the Union will be no more frequent and no longer than the matter for discussion reasonably requires. Where necessary, the Chief Steward's work schedule or assignment will be adjusted where practical, to allow for work time off to transact Company-Union business as specified below:
a) For discussions with Stewards or the authorized Business Representative of the Union on employee complaints or grievances or on matters arising out of the application of this Agreement. The parties agree that the Steward and Chief Steward shall not jointly attend grievance meetings unless mutually agreed to by the parties. It is also agreed that the investigation of grievances is the primary role of the Steward rather than the Chief Steward. This will not preclude the Chief Steward from being involved in an investigation if deemed necessary by the Business Representative.
b) To represent the local Union at Step II and/or Step III of the grievance procedure as provided in Article 13, Paragraph (B), Subparagraph (b) and (c), of the grievance procedure.
(F) The number and locations of Stewards may be adjusted by mutual agreement to compensate for facility and population changes.
(G) The Steward or Chief Steward shall secure permission of his/her Supervisor or assigned alternate before leaving his/her work station, reporting back to his/her Supervisor or assigned alternate upon return to his/her work station. Permission will be granted unless operation activities are affected. The Company will not unreasonably deny or delay access to the Steward or Chief Steward. Upon entering the work area of another Supervisor's responsibility, the Steward or Chief Steward will contact the Supervisor or assigned alternate before attempting to contact any employee.
(H) The Company recognizes limitations upon the authority of the Steward or Chief Steward and shall not hold the Union liable for any unauthorized acts, subject to the provisions of the No Strike-No Lockout Article of the Agreement. The Company in so recognizing such limitations shall have the authority to impose proper discipline, including discharge, in the event a Steward or Chief Steward has taken unauthorized strike action, slowdown, work stoppage, or other actions in violation of this Agreement.
(I) It is agreed the Company will pay employees for time away from the performance of their normal jobs while acting in their Steward or Chief Steward capacity as defined in this Section. It is agreed that time away from normal work activity will be reviewed and monitored and may be addressed by mutual agreement during the period of this Agreement.
(J) In order to insure the orderly administration of the terms of the labor agreement, during periods of reductions in force such employees designated as Stewards shall be considered the most senior employees in their assigned job classification, Unit and specialty for purposes of applying Article 16, Lay-off and Recall, of this Agreement.
(K) It is agreed between the parties that should a Steward lose or resign his/her Stewardship while maintaining super-seniority, he/she will remain in place (classification and labor grade while Steward) until another Steward replaces and assumes the duties as a Steward.
(L) On the date the new Steward assumes office replacing the Steward who was maintaining super seniority; the former Steward's status will be determined by his/her actual seniority.
That is, if there is a more senior employee on recall to the job classification and specialty occupied by the former Steward, the more senior employee will be recalled and the former Steward will be subject to layoff and displacement provisions of Article 16, of this Agreement.
ARTICLE 12 MISCELLANEOUS PROVISIONS
(A) Bulletin Board: The Company will provide a bulletin board for the posting of Union notices.
a) Notices of Union recreational affairs.
b) Notices of Union elections and election results.
c) Notices of Union appointments.
d) Notice of Union meetings.
e) Such other notices as may be mutually agreed upon by the Union and Company.
The Union shall not distribute or post, nor authorize its members to distribute or post, any material anywhere on the Company's property except as provided herein.
(B) Company Awards and Recognition Program: Employees may participate in the Company
Awards and Recognition Program. Interpretation or application of the Awards and Recognition program shall not be subject to the grievance and arbitration provisions of this Agreement.
ARTICLE 13 GRIEVANCES AND ARBITRATION
GRIEVENCES:
(A) "Grievances" shall mean, and be limited to disputes or difference between the Company and the Union, or employees so represented, with respect to the interpretation or application of any specific provision of this Agreement. Both parties agree to use their best efforts, including informal meetings involving Management, Supervision, Union Steward, and the Grievant, to resolve matters without resorting to the grievance procedure except that any such meetings shall not extend the time limits set forth in this Article. In the event such informal methods do not resolve the grievance, all grievances shall be reduced to writing and processed in accordance with the steps outlined below.
(B) All grievances beyond Step one involving employee claims shall be in writing on grievance forms and shall be signed by all employees claiming rights there under. In an effort to adjust employee grievances by mutual agreement, they shall be presented in the following order and within the following time limits
a) STEP ONE The employee(s), with their Steward if available, shall promptly bring a grievance to their Site Manager or designee. In the event an employee is unavoidably absent due to illness or injury or unavailable due to vacation or other approved reasons, the employee's Union representative may bring the grievance to the supervisor. If such grievance is not settled within five (5) working days then:
b) STEP TWO A written grievance must be signed by the Steward and set forth a statement of grievance and the article or section of the agreement which is claimed to be violated, and taken up by the Shop Steward with the Program Manager or his designee, and a meeting will be scheduled within five (5) subsequent working days.
If no agreement has been reached within ten (10) working days, the grievance may be moved to Step Three.
c) STEP THREE The Company's Labor Relations Representative or designee, and the Business Representative of the Union or his designee shall meet in person or by telephone within ten (10) working days after receipt of the grievance into a third step. A written reply from the Company will be given to the Business Representative or his designee within fourteen (14) working days after the meeting. If no agreement has been reached within fourteen (14) working days, either party may submit the grievance or dispute to arbitration as covered in paragraphs (H) through (K), of this Article.
(C) All settlements must be consistent with the terms and conditions of this
Agreement. Time l imits may be extended by mutual agreements of both parties.
(D) Any aggrieved employee and Union representative shall have the right to be present at any stage of the grievance procedure in which the grievance is being considered. No employee may leave the job , take up, or settle a grievance without requesting permission from the immediate supervisor. Such permission will be granted provided it does not retard or interfere with operations or create a hazardous condition. If permission cannot be granted, time limits will be waived until permission is granted. Witnesses called by either party may attend the grievance meeting at any step, subject to the same provisions above outlined for attendance of an aggrieved employee.
(E) In cases involving suspension or discharge, Steps One and Two will be waived and the matter taken up with the Company’s Labor Relations Representative within five (5) working days following such action by the Company.
POLICY GRIEVANCES:
(F) It is understood that the Chief Steward may file grievances on behalf of the Union’s interests under this agreement. Therefore, if a grievance pertains to the Company's interpretation of the intent and purpose of the application of a specific article and section of this agreement, the grievance may be filed by the Chief Steward on behalf of the Union. Further, if a grievance relates to policy and affects numerous employees, the grievance shall be consolidated and filed by the Chief Steward on behalf of a group of employees. Otherwise, grievances shall be filed and signed by the employee involved or affected.
(G) Authorized Stewards shall have the right to examine time sheets and other records pertaining to the computation of compensation of any individual or individuals whose pay is in dispute or other records pertaining to a specific grievance. Compensation will be paid for reasonable time spent discussing or investigating grievances during the Shop Steward's normal work schedules.
ARBITRATION:
(H) The party choosing to arbitrate shall give written notice to the other party setting forth the matter to be arbitrated. If said notice is not served within the fourteen (14) day period specified in Step Three of paragraph (B), subparagraph c), of this Article, it shall be deemed that the grievance has been satisfactorily adjudicated and the right to arbitrate waived.
(I) In the event the Union or the Company submits a grievance to arbitration, a representative selected by the Union shall meet with a representative selected by the Company within five
(5) workdays of receipt of the above notice and attempt to agree on an arbitrator. In the event the parties cannot agree on an arbitrator within five (5) working days. The parties will petition the Federal Mediation and Conciliation Service for a panel of seven (7) arbitrators.
In the latter case, the petitioner has the first right to strike a name; the other party shall then strike a name. This procedure shall continue alternately until one name remains.
(J) The decision o f the arbitrator shall be final and binding on all parties. However, the arbitrator shall not have jurisdiction or authority to add to, subtract from, modify or in any way change the provisions of this agreement.
(K) The expense and fees of the Arbitrator shall be borne equally by both parties.
ARTICLE 14 DISCHARGE AND DISCIPLINARY ACTION
(A) The Company shall have the right to discipline employees for just and proper cause, by reprimand, suspension without pay, or discharge for violation or infraction of the Company rules. The Company agrees to notify the Union, in writing, of any action taken under this section.
(B) Employees will have a Union Steward present during meetings held to present disciplinary action. An employee may decline Union representation. A copy of disciplinary action will be provided to the Union Steward within (7) days of action unless employee requests otherwise.
a) A documented verbal shall not be used for purposes of progressive discipline after a period of three (3) months.
b) A letter of reprimand shall not be used for purposes of progressive discipline after a period of one (1) year.
c) A letter of suspension shall not be used for purposes of progressive discipline after a period of eighteen (18) months.
(C) The Company agrees to notify the Union prior to the implementation of any new policies that may affect this agreement.
ARTICLE 15 SENIORITY
(A) Probationary Period: Any employee who has been in the employment of the Company for less than ninety (90) consecutive calendar days shall be considered a probationary employee and shall be subject to layoff, discipline, or discharge at the sole discretion of the Company. Such action shall not be subject to the dispute resolution process.
(B) Definitions: Seniority is defined as including the whole span of continuous service with the present contractor, or successor, and with predecessor contractors, in the performance of similar work at the same Federal installation.
(C) Using the last 4 digits of the employees SSN will break ties when seniority dates are the same: Larger SSN number is more senior on the list.
(D) Loss of Seniority: Seniority shall terminate if the employee:
a) Resigns.
b) Is discharged for cause.
c) Is on layoff status in excess of twenty-four (24) months.
d) Refuses recall.
(E) Seniority Lis t : A seniority list will be maintained by the Company and will be made available to the Business Representative and stewards semi-annually or when any changes occur. The Company will also furnish a list to the Union and steward reflecting new hires or rehires, their classification, their date of hire, and termination or layoff dates.
ARTICLE 16 LAYOFF AND RECALL
(A) Layoff: When it becomes necessary to reduce the number of employees in a classification or job category, employees shall be laid off in accordance with their Seniority. Affected employees shall have the right to displace the least senior employee in their job classification.
(B) Recall: Employees laid off will be recalled as follows:
a) Employees who have been laid off shall retain their call rights mentioned here in for a period not to exceed twenty-four (24) consecutive months from the date of layoff. Employees demoted to a lower paid position due to a reduction in force shall retain the recall rights mentioned herein as long as they remain on the active payroll in a lower paid position. Employees removed from Team Leader positions as a result of a reduction in force shall not have recall rights to any Team Leader position.
b) Laid off employees will be recalled by Seniority, by job classification, in the inverse order of their layoff.
c) Employees, who are laid off from the service of the Company due to a general layoff for a period not to exceed twenty-four (24) consecutive months, shall retain and continue to accrue seniority for the provisions of this article.
d) The Company will send recall notices, by certified mail, to employee's last official address. The employee has five (5) working days after receipt by the employee of the notice to accept recall.
ARTICLE 17 PROMOTIONS
(A) A promotion (temporary or permanent) means the advancement of an employee from one job classification to another job classification with a higher rate of pay, and will be based on qualifications and seniority.
ARTICLE 18 ABSENCE
(A) Sick/Personal: Employees will be granted a total of eight (8) paid sick/personal days the first
Monday in January each calendar year. Personal time off will only be denied by management to fulfill operational/mission requirements. Unused sick/personal, up to 80 hours, may be carried over as "sick time" for serious medical conditions (as defined by the FMLN. Unused sick/personal time over 80 hours shall be paid out to the employee at their current hourly pay rate in January of each year for the previous calendar year.
(B) Jury Duty: Employees who are required by proper court order or summoned to be absent from work in connection with jury duty or testimony will be paid the earnings he would have received for a regular scheduled eight (8) hour shift. Employees called for jury duty or testimony and released by the court with less than four (4) hours service will be expected to return to work for the remaining portion of his normal workday. Payment will be made at the employee's regular straight time rate.
(C) Bereavement: In the event of a death in an employee's immediate family, the employee will be granted up to five (5) days bereavement leave with pay. Additional days of unpaid absence may be granted by management if required. Immediate family definition is to be consistent with the Company's standard bereavement leave policy. Immediate family shall be defined as: Father, Mother, spouse, sister, brother, children, foster children, in-laws, grandparents, aunts, uncles, nieces, nephews, and step relations to include child, mother, father, brother or sister.
(D) Leave without Pay: Leave of absence without pay shall be granted to employees for a period not to exceed thirty (30) calendar days or 240 hours during the year, subject to operational requirements of the Company. A request for the leave must be submitted on a Request for Leave of Absence form and approved in accordance with Company policy. Employees must use all of their leave sick/personal or vacation before taking leave without pay.
(E) Absence No Pay (ABN): ABN may be authorized by the Site Manager for incidental time off for such things as, childcare, medical appointments or unforeseen circumstances. ABN approval will be based on mission requirements.
(F) Paid Time Off (PTO): PTO is defined as Sick/Personal and Vacation, and will be considered hours worked for the purpose of computing overtime.
(G) Field Duty: Employees who are temporarily assigned away from the site, to which they are permanently assigned to perform work for the Company, will have their transportation provided for by the Company. Such employees will be reimbursed for travel expenses in accordance with the Joint Travel Regulations provided the employee complies with said regulations. The Joint Travel Regulations will be made available to the Union upon request. Any additional costs for reasonable lodging above the rates listed in the JTR, if approved by a supervisor, will be paid by the Company upon presentation of the receipts by the employee.
a) While an employee assigned to such Field Duty is traveling to that Field Duty assignment and returning to his regular workstation from such assignment, he/she shall be paid at the regular rate for all travel in accordance with the following. If traveling by commercial airlines, the employee shall be allowed actual travel time from home to the destination worksite or quarters. Upon return, the employee will be allowed actual travel time from the worksite or quarters to home. If the employee travels by personally owned vehicle (POV) or company provided vehicle, and the use of such conveyance is Company-directed, the actual time of travel from departure to arrival at the worksite or quarters will be used for the travel time. For travel by POV or Company provided vehicle, travel shall not exceed 400 miles in a twenty-four (24) hour period. Travel time is considered time worked for the purpose of computing overtime. Any POV use will be paid at the JTR rate.
b) An employee will not be forced to take time off prior to deployment departure or after deployment return strictly to preclude paying the employee overtime.
However, an employee can elect to request and take time off, subject to approval by Supervision, prior to such deployment departure or after return. In such instances, the overtime rules contained in the CBA will apply.
ARTICLE 19 HOLIDAYS
(A) The following eleven (11) observed Federal holidays are designated holidays for each calendar year.
New Year's Day Labor Day Memorial Day Thanksgiving Day Independence Day Martin Luther Kings’ Birthday Day After Thanksgiving Columbus Day President's Day Veteran's Day Memorial Day Christmas Day
(B) Employees who are scheduled and work on one of the above Holidays shall be paid time and a half (l ½) their base rate plus eight (8) hours Holiday pay.
(C) An ACC/AETC Family Day is a normal work day. With Managers approval, employees will be permitted to flex their schedule or take Paid Time Off (PTO), or Absence No Pay
(ABN).
During the term of this Agreement, if the government designates an additional Federal holiday and it is incorporated into our contract by our Contracting Officer, it will be observed as a holiday.
ARTICLE 20 VACATION
(A) Continuous service for vacation eligibility will be the employee's Company service date or continuous unbroken accumulated time with the Company or predecessor contractors in performance of similar work on the same basis of Aerial Targets Project.
(B) Employees shall be eligible for vacation according to the following schedule:
Continuous Service Weekly Accrual 0 years, but less than 4 years 1.54 hours 4 years, but Jess than 9 years 2.31 hours 9 years 3.08 hours
(C) Employees will be allowed to carry over up to a maximum of one hundred twenty (120) hours above their annual accrual rate of vacation year to year.
(D) An employee who has earned a vacation with pay, which has not been used at the time he terminates, the earned/unused vacation will be paid out.
(E) An employee will schedule vacation in advance with supervision, as not to interfere with operations. If two or more employees schedule for a concurrent vacation when the Company cannot allow that many employees to be absent from work, the employee(s) with the greatest seniority shall have their request accepted.
(F) Earned vacation time may be used in any increment down to one-tenth (l/10) hour.
(G) An employee may request vacation other than what had been scheduled at any time and the Company shall make all reasonable effort to accommodate that request.
(H) Pay for each week for an employee means pay for forty (40) hours at the employee's base rate of pay.
ARTICLE 21 WAGE RATES
(A) The hourly wage rate for each job classification can be found on Appendix A. Management may temporarily upgrade an employee to perform in a higher job classification than their current position provided they are qualified to perform the work. The employee shall receive the rate of the higher classification for a minimum of four (4) hours or the duration of their work in that position, whichever is longer.
ARTICLE 22 JOB CLASSIFICATION/NEW JOBS
(A) Copies of job descriptions and required qualifications will be maintained by management and the Union and shall be made available to employees upon request. The Company and the Union shall meet as required to discuss any revisions or modifications of existing job descriptions or qualifications. The Company will provide the Union with job descriptions within 60 days of ratification of this Agreement.
(B) When new Union jobs are required that cannot be properly encompassed within an existing job classifications, the Company will notify the Union of the requirements. The Company has the right to determine the job duties and qualifications. Once the new job classifications are established the Company and the Union shall mutually agree upon the proper rate range for the new position.
ARTICLE 23 WORKWEEK/OVERTIME/CALLBACK
(A) Definitions:
a) An employee's "base rate," for purpose of this Agreement, shall be the straight time hourly rate of pay applicable to that employee's classification.
b) The base rate for purposes of this Agreement is the base rate identified as such in Appendix A for each job classification.
(B) A schedule of wage rates and job classifications are attached as Appendix
A .
(C) Overtime:
a) Overtime, at one and half (1 1/2) times the base rate will be paid for time in excess of forty (40) hours paid in a workweek.
b) The Company reserves the right to require employees covered in this Agreement to perform overtime work in order to meet the requirements of the government contract with the Air Force.
When such overtime is required employees shall be given as much advance notice as possible.
c) No overtime will be worked by an employee unless it has been authorized by the proper supervisory personnel of the Company.
d) The Company will make a reasonable attempt to equally distribute overtime between employees working in the same work center, in the same technical specialty within the same job classification.
e) Work in process resulting in overtime does not need to be reassigned for purpose of overtime distribution equalization.
f) There shall be no duplication or pyramiding of overtime payments.
g) There will be no schedule change to prevent the payment of overtime
(D) Employees that are required to work between the hours of 1800-0600 hrs will receive a shift differential pay of $1 .00 above their normal wage rate. Effective October 4, 2021 that rate will be $1.50.
(E) The standard workday will consist of twenty-four (24) consecutive hours beginning at 0001 hours and ending at 2400 hours (the calendar day).
(F) The normal workday shall consist of eight (8) hours, except for those employees participating in an alternate workweek schedule.
(G) The standard workweek shall begin at 0001 hours on Monday and end at 2400 hours Sunday. In the event the standard workweek is changed by the Company, the Company will provide its employees and the Union with thirty (30) days notice.
(H) Five (5) days, Monday through Friday shall constitute t h e normal workweek. However, the Company reserves the right to engage, alter, or rotate personnel to work five (5) consecutive days other than those constituting the normal work week for the purpose of seven (7) day coverage.
(I) Determination of starting time and hours of work shall be made by the Company and such schedules may be changed from time to time to suit varying conditions of the business and to assure efficient and timely operations.
a) An employee reporting for work in the absence of notice not to report shall receive not less than four (4) hours pay at the regular rate; provided, however that any amount paid for hours actually worked shall be credited against such minimum guarantee.
b) Employees will be informed prior to the end of the workday that they will b e on standby status. Employees on standby will be paid $6.00 an hour for stand by time.
This time will begin when the employee has clocked out and continue until they are released or report to work on callback.
c) An employee called in to work on one of his/her scheduled days off, or an employee who is recalled after reporting for work and has clocked out and left the facility shall be paid one and half (1 1/2) times their base rate of pay for all hours worked upon return. Presence in the workplace will only be required for the amount of time necessary to complete tasks assigned when called in. All hours worked during a call-back may count towards the employee's weekly requirement based upon mission requirements.
d) An employee called back to work will be allowed twelve (12) hours of off-duty time beginning at the end of the callback.
e) Employees who are called by the Company supervisors/managers during off duty hours to respond to technical work related issues will receive a minimum of one (1) hours regular time or the length of the phone call, whichever is longer.
ARTICLE 24 LEAD EMPLOYEE
(A) The term "Lead" does not designate a job classification but identifies an employee who has additional assigned duties to provide information about hangar and flight line work to supervision, coordinate schedules and oversee work performed by other Union employees within each work center. The "Lead" coordinates operational requirements with other work centers.
(B) The "Lead" will be appointed by the Company in writing, but the Union will be notified before installation of the Lead takes place. Employee(s) selected for the Lead position will have experience and ability to perform the duties assigned by the Company. Where experience and ability are equal, seniority will be used to make the selection. Effective October 1, 2018 Leads will receive $2.00 above the hourly base rate for all hours worked. A temporary "Lead" (used to fill in during periods of vacation, illness, leaves, etc.) will be offered to the next senior employee, and if accepted, will receive Lead pay for all hours worked.
ARTICLE 25 HEALTH & WELFARE BENEFITS
Section 1
(A) Employees may participate in the Company sponsored Health & Welfare plans, including the
Employee Assistance Program (EAP). The Company maintains the right to pass through improvements, modifications, changes, or employee premiums to these plans at any time. Any elimination contemplated to these plans will only be as a result of PAE Aviation and Technical Services, LLC services no longer offering the specific plan. If and when these situations arise, the Company will notify the Union prior to taking such action.
(B) The Company shall continue the 40lk plan, PAE Aviation and Technical Services, LLC.
Except for changes pertaining to contribution or benefit levels, legally required and any other modifications made to the Savings Plan shall be extended to the employees of the Union, provided that Holloman AFB remains an operating unit of PAE Aviation and Technical Services, LLC at such time. Such changes to the above-named Plan shall be effective, without any further negotiations and/or signatures, on the same day or as soon as practicable after the changes in the Plan are implemented. T he Company will provide all full-time seniority employees covered by this Agreement with an IRS approved 401(k) Plan. There will be no Company contribution to this plan.
(C) Fringe Rate: The FBR will be the total cost of the following benefits and includes company payments for medical, dental, vision, basic life and short-term disability insurances, medical opt-out and tuition reimbursement payments. This FBR does not include any payments for PTO, jury duty, bereavement, or the CODA (401K) payments to employees all of which are quantified in other areas of this CBA.
(D) Employees declining coverage in the above named benefits will receive the following weekly opt-out amounts beginning through the period of this agreement:
MEDICAL $125.00 Effective January 1, 2022 $130.00
DENTAL $12.00
VISION $ 4.00
(E) The rates for medical, dental and vision will be shared by the Company paying 80% of any increase to each plan and employees contribution 20% of the cost increase to each plan.
Medical Current Rate Emp. Only $26.72 Emp. + 1 $73.45 Emp. + Child $73.45 Emp. + 2 $125.44
Dental Plan A Plan B Current Rate Emp. Only $4.87 Emp. Only $3.94 Emp. + 1 $10.93 Emp. + 1 $8.56 Emp. + Child $11.11 Emp. + Child $8.68 Emp. + 2 $18.76 Emp. + 2 $12.23
Vision Vision/SG Current Rate Emp. Only $.56 Emp. Only $.87 Emp. + 1 $1.67 Emp. + 1 $2.22 Emp. + Child $1.88 Emp. + Child $2.23 Emp. + 2 $1.91 Emp. + 2 $2.70
(F) Tricare supplement will be offered but cannot be subsidized by the Company. Deductions for the employee cost will be deducted from weekly paycheck.
(G) Short Term Disability. The Company will provide to all employees at no cost short-term disability insurance (STD). Employees may purchase Long term disability (LTD) as defined in the Summary Plan Description for employees. The STD insurance provides a combined benefit of sixty percent (60%) of the employee's monthly compensation up to a maximum of $3,000.00 per week for a period of twenty-six (26) weeks. Employees may elect voluntary LTD insurance. Employees on Short Term Disability up to six (6) months or workman’s’ compensation for up to twelve (12) months shall continue to accrue all benefits.
Section 2
(A) The Employer shall contribute to the I.A.M. National Pension Fund, National Pension Plan for each hour/day or portion thereof for which employees in all job classifications covered by this Agreement are entitled to receive pay under this Agreement as follows:
Current $1.90 per hour Effective October 4, 2021 $2.00
Effective October 3, 2022 $2.10 Effective October 2, 2023 $2.20
To meet the mandatory requirements of the IAM National Pension Rehabilitation Program Effective June 1, 2019 the Company will contribute the following amounts to the IAM Pension per employee up to forty hours per week:
Current: $0.10 cents June 1, 2021 $0.15 cents October 1, 2021 $0.15 cents
June 1, 2022 $0.21 cents October 1, 2022 $0.22 cents
June 1, 2023 $0.28 cents…
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