C2-CAT-CWD CBA_DRG_1Aug2021-31Jul2024.pdf

C2 CAT/CWD-DL – Luke AFB, AZ

Effective August 1, 2021

COLLECTIVE BARGAINING

AGREEMENT

BETWEEN

DELAWARE RESOURCE GROUP OF OKLAHOMA, LLC,

and

THE INTERNATIONAL ASSOCIATION OF

MACHINISTS AND AEROSPACE WORKERS,

AFL-CIO

and its

LOCAL LODGE NO. 519

Luke AFB, AZ

Effective

August 1, 2021 – July 31, 2024

1 C2 CAT/CWD-DL – Luke AFB, AZ

Contents

AGREEMENT

ARTICLE 1 – RECOGNITION

ARTICLE 2 – RIGHTS OF MANAGEMENT

ARTICLE 3 – UNION AND COMPANY RELATIONS

ARTICLE 4 – GRIEVANCE AND ARBITRATION

ARTICLE 5 – SENIORITY

ARTICLE 6 – WORKWEEK, HOURS OF WORK and SHIFTS

ARTICLE 7 – OVERTIME

ARTICLE 8 – LEAVE OF ABSENCE

ARTICLE 9 – SAFETY

ARTICLE 10 – SEVERABILITY

ARTICLE 11 – MISCELLANEOUS

ARTICLE 12 – WORKFORCE ADMINISTRATION

ARTICLE 13 – JURY AND WITNESS DUTY

ARTICLE 14 – RATES OF PAYWORK

ARTICLE 15 – TRAVEL

ARTICLE 16 – VACATION

ARTICLE 17 – SICK LEAVE/PERSONAL TIME

ARTICLE 18 – BEREAVEMENT DAYS

ARTICLE 19 – HOLIDAYS

ARTICLE 20 – HEALTH AND WELFARE PLANS

ARTICLE 21 – SAVINGS PLAN

ARTICLE 22 – TECHNOLOGICAL CHANGES

ARTICLE 23 – DRUG AND ALCOHOL-FREE WORKPLACE

ARTICLE 24 – NOTIFICATION OF CHANGE

ARTICLE 25 – DURATION

MEMORANDUM OF UNDERSTANDING #1 – SINGLE BARGAINING UNIT

RECOGNITION

2 C2 CAT/CWD-DL – Luke AFB, AZ

AGREEMENT

THIS AGREEMENT, effective as of the 1st day of August 2021, by and between Delaware

Resource Group of Oklahoma, LLC (DRG) (hereinafter referred to as the “Company”) and the

International Association of Machinists and Aerospace Workers, AFL-CIO, and its Local Lodge

519 (hereinafter referred to as the “Union”). This Agreement supersedes all previous agreements.

WITNESSETH

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

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

WHEREAS, the parties desire to reduce the agreement to writing, NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth, the parties hereto agree as follows:

ARTICLE 1 – RECOGNITION

Section 1.1 - The Company recognizes the International Association of Machinists and Aerospace

Workers, AFL-CIO, Local Lodge 519 for Luke AFB, AZ (hereinafter referred to as the Site), as the sole and exclusive bargaining agent with respect to rates of pay, wages, hours of work and all other terms or conditions of employment for all employees in the respective bargaining unit covered by this agreement.

Section 1.2 – The Company and the Union agree that the employees covered by this agreement shall consist of the classifications set out in this Agreement employed by the Company with regard to the Command and Control (C2) Contract Academic Training (CAT), Courseware Development

(CWD), and Distance Learning (DL) (C2 CAT/CWD-DL) at the Site. Included are all full-time and regular part-time CAT Instructors/Subject Matter Experts (I/SME), CRC Courseware

Developers (CWD), Subject Matter Experts (SME), Senior Technical Training Specialists, Registrars, Electronic Attack Operators, Educational Technicians, CBT Programmers, and

Graphic Artists employed by the Companies at the Site according to NLRB recognitions certification 28-RC-213693 (February 22, 2018). Excluded from the unit are all supervisors and managers, office clerical employees, professional employees and guards as defined by the National

Labor Relations Act, and all other employees of the Companies, including those employees on contracts other than those identified above.

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ARTICLE 2 – RIGHTS OF MANAGEMENT

Section 2.1 – The management of the Companies and the direction of the work force is vested exclusively in the Companies subject to the terms of this Agreement. All matters not specifically and expressly covered or treated by the language of this Agreement may be administered for its duration of this Agreement by the Company in accordance with such policy or procedure as the

Company from time to time may determine. The Company does have the right to subcontract work and designate the work to be performed by the Company and the places where it is to be performed, which right shall not be subject to arbitration. If, because of technological change, modifications to the Company’s contractual requirements, or other revised business requirements, the Company considers such subcontracting or outsourcing, it will give the Union no less than 15 days’ notice of such consideration and meet with the Union to discuss the reasons therefore.

ARTICLE 3 – UNION AND COMPANY RELATIONS

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

Section 3.2 – No Strikes and No Lockouts: The Union agrees that during the terms of this

Agreement and regardless of whether an unfair labor practice is alleged (a) there will be no strike, slow-down, sitdown, or walk-out and (b) the Union will not directly or indirectly authorize, encourage or approve any refusal on the part of employees to proceed to the location or normal work assignment where no rare or unusual physical hazard is involved in proceeding to such location. Any employee who violates this clause shall be subject to discipline up to and including termination of employment.

The Company agrees that during the term of this Agreement there will be no lock-out of employees covered by this Agreement. Any claim by either party of a violation of this Section 3.2 shall not be subject to the grievance procedure or arbitration provisions of this Agreement and the party shall have the right to submit such claim to the courts.

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

3.3(a) Upon receipt of a signed authorization form from the employee involved, the Companies shall deduct from the employee’s pay an amount necessary to satisfy the financial

4 C2 CAT/CWD-DL – Luke AFB, AZ obligation to the Union for dues during the period provided for in said authorization.

Deductions shall be made from the employee’s first paycheck, on a monthly basis.

3.3(b) Deductions provided in Section 3.3(a) shall be remitted to the Union and submitted to

IAM Headquarters, Attn: Reports Department, 9000 Machinists Place, Upper Marlboro, MD 20772-2687 or by EFT no later than the twentieth (20th) day of the month following the month in which the deductions were made and shall include all deductions made in the previous month. The Company shall furnish the Union official monthly, with a record of those for whom deductions have been made and the amounts of the deductions.

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

Authorization Form.

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

Section 3.4 – Indemnity: The Union will indemnify and hold the Company harmless from and against any and all claims, demands, charges, complaints, or suits instituted against the Company which are based on or arise out of any action taken by the Company in accordance with or arising out of the foregoing provisions of this Article 3.

Section 3.5 – Business Representative/Grand Lodge Representatives Access to Site: “Business

Representative” is defined as anyone with Union credentials, i.e. Business Representative, District

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

The Business Representative of the Union shall have access to the Company facilities where bargaining unit employees are normally assigned during working hours for the purpose of conducting legitimate Union Business pertaining to this Agreement including, but not limited to, the investigation and advising in the handling of grievances, and will not interfere with the normal conduct of the Company’s operation. Access to the Luke AFB, a military installation, will be gained in accordance with all applicable Air Force instructions. Prior notification must be given to the Company’s Site Manager at least 24 hours before arrival. The Company will not impose regulations which will render the intent of this provision ineffective. The Union shall keep the

Company and the Site Manager currently informed in writing of the name of the accredited

Business Representative. The business representative shall notify the human resources manager or their designee prior to any visit to the site.

The Site Manager will ensure that the necessary credentials (where required) will be given to the business representative in accordance with appropriate DOD and Air Force regulations.

Section 3.6 – Shop Stewards: The Union may select two employees to serve as shop stewards.

An additional designated alternate shall act only in the event the steward is unavailable.

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Section 3.7 – Departure from Work Assignment by Stewards to Investigate Complaints or

Claims of Grievance: The steward shall notify and obtain permission from their supervisor before leaving their work assignment for the purpose of investigating complaints or claims of grievance on the part of employees or the Union or contacting the Business Representative/Grand Lodge

Representative in regard to such claim or grievance. Such permission shall be granted except where there is a substantial reason for delaying the contact or the investigation due to safety conditions or the fact that a critical operation is in process. The supervisor may be present during any discussion relating to any complaint or grievance. However, upon the request of an employee or steward, the supervisor shall authorize a steward to participate in a private discussion with an employee, Business Representative, or their designee, relating to a complaint or grievance.

Discussions of the type described in this Section 3.10 shall be conducted without requiring the employee or steward to clock out provided the discussion does not extend beyond the time that the supervisor considers reasonable under the circumstances.

Section 3.8 – Bulletin Boards: The Company will provide bulletin boards for the use of the Union at locations mutually agreed to. Their use will be restricted to the following:

(a) Notices of Union meetings;

(b) Notices of Union elections and results thereof;

(c) Notices of Union recreational and social affairs;

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

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

Section 3.9 – Private Discussions with Employees: Nothing in this Agreement is intended to abridge the right of a supervisor to privately discuss with any employee under their supervision topics pertinent to the work place, including but not limited to, the employee's job performance.

Section 3.10 – Joint Meetings: Should either party desire to discuss with the other any matter affecting generally the relationship of the parties, a meeting of Union and Management representatives shall be arranged upon request of either party. Such meeting shall take place at a time mutually convenient to both parties. Any use of Company time for attendance at such meetings shall be arranged in advance by mutual agreement.

This Section is intended to provide a free avenue of communication between the Union and the

Company, and suggestions, complaints, or other matters may be presented by either party, provided that neither party shall be required to discuss any item brought up by the other party nor be bound to act upon any item presented. However, both parties agree to discuss informal grievances and complaints. However, both parties agree to discuss and complaints. The parties

6 C2 CAT/CWD-DL – Luke AFB, AZ understand and agree that Joint Meetings shall not extend the time limits set forth in pursuing grievances under Article 4.

ARTICLE 4 – GRIEVANCE AND ARBITRATION

NOTE: For notifications regarding the Sections of this article, it is understood by both parties that read receipt email to the appropriate party(ies) is sufficient to serve as written notice for grievance process execution.

Section 4.1 Grievance. A “grievance” is a dispute between the Company and the Union (and/or a member of the bargaining unit) 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, shop steward, and the grievant, to resolve matters without resorting to the grievance procedure, provided that any such meetings shall not extend the time limits set forth in this Article. Subject to the terms of this Article relating to cases of, termination, suspension, or involuntary resignation, only matters dealing with the interpretation or application of terms of this Agreement shall be subject to this grievance procedure.

Section 4.2 Grievance Procedure. Subject to the further provisions of Section 3 below, relating to cases of involuntary resignation, termination, layoff, or suspension, all grievances pursued hereunder must follow the grievance procedure set forth herein:

STEP 1. Oral Discussion. The employee first shall discuss their grievance with the Steward or

Union Representative and if the Steward considers the grievance to be valid then the employee and the Steward will contact the employee's Corporate Program Manager (CPM) and will attempt to affect a settlement of the complaint. To timely initiate the grievance process, this contact must occur within ten (10) calendar days from the first occurrence on which the grievance is based or when it was first discovered by the affected employee or Union Representative. This procedure, however, will not prevent an employee from contacting the CPM directly if he so chooses. If the purpose of the employee's contacting their supervisor is to adjust the grievance, the Steward shall be given an opportunity to be present and such adjustment shall be in conformity with this

Agreement.

STEP 2. Grievance Reduced to Writing. If no resolution of the grievance is reached in Step 1, the Steward, if he considers the grievance to be valid, will reduce to writing a statement of the grievance which the grievant must sign. This written grievance must contain, at a minimum, the following:

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

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

(c) A detailed explanation of the remedy sought.

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If any of the criteria listed above are not met, the grievance will be considered invalid, and the clock will not re-start on a timely filing.

The Steward shall sign and submit the written statement of grievance to the Corporate Program

Manager (CPM) for consideration and the CPM must receive the written statement of grievance within five (5) business days after the oral discussion in Step 1 has taken place. Failure to submit the written grievance in accordance with the terms and to ensure receipt of the written grievance within the five (5) business day deadline of this Step 2 will be deemed an abandonment of the grievance, and the matter will be closed. After such submission, the CPM and the Steward may, within the next five (5) business days, unless mutually extended, settle the written grievance and, over their signatures indicate the disposition made thereof. Otherwise, promptly after the expiration of such five (5) business day period, or agreed extension thereof, the CPM and the

Steward shall sign the grievance and their signatures will indicate that the grievance has been discussed and reconsidered by them and that no settlement has been reached.

STEP 3. Written Grievance Handling at Union Representative/Company Representative

Level. If no resolution of the grievance is reached in Step 2 within the specified time limits, the

Union Representative or their designee may initiate Step 3 by submitting the grievance directly to the Company’s Vice President of Program Operations must receive the written grievance within five (5) business days after the signature of the written grievance as required in Step 2 has occurred.

Failure to submit the written grievance in accordance with the terms and to ensure receipt of the written grievance within the five (5) business day deadline of this Step 3 will be deemed an abandonment of the grievance, and the matter will be closed. After such submission, the designated representative of the Company and the Union Representative or their designee may, within the next ten (10) calendar days settle the grievance and, over their signatures, indicate the disposition made thereof. Otherwise, promptly after the expiration of such ten (10) calendar day period the designated representative of the Company and the Business Representative, or their designee, shall sign the grievance and their signatures will indicate that the grievance has been discussed and reconsidered by them and that no settlement has been reached.

Step 4. Mediation. If resolution of the grievance is not reached under Step 3 above, the Union or the Company wishing to take the grievance to Step 4 must notify the other party in writing of their desire to proceed to mediation and must formally request mediation in writing from the office of the Federal Mediation and Conciliation Service (FMCS). This request for Mediation and notice of request to the other party must be provided and received by the other party within ten (10) calendar days after the signature of the written grievance as required in Step 3 has occurred. Failure to submit the request for mediation and notice of request for mediation in accordance with the terms and to ensure receipt of the written notice within the ten (10) calendar day deadline of this Step 4 will be deemed an abandonment of the grievance, and the matter will be closed. Mediation under this section is required before arbitration. The request for mediation must be served in writing by the party requesting it on the FMCS and the other party within this time period as a condition for

8 C2 CAT/CWD-DL – Luke AFB, AZ processing the grievance up to and including arbitration. The mediation must be scheduled at a time and location mutually agreeable to the parties within thirty (30) calendar days of the formal request for mediation submitted to the FMCS, unless the parties mutually agree in writing to an extension of that 30-day period. If the Shop Steward’s presence is requested by the Union, such request for time off without pay to attend the mediation will not be unreasonably denied.

STEP 5. Arbitration. If resolution of the grievance is not reached in Step 4 within the specified time limits, then either party, within ten (10) calendar days thereafter, may request in writing to the other party that the matter be submitted to an arbitrator. This written request for arbitration must be received by the other party within the ten (10) calendar day deadline. Failure to submit the request for arbitration in accordance with the terms and within the ten (10) calendar day deadline of this Step 5 will be deemed an abandonment of the grievance, and the matter will be closed. For matters which proceed to arbitration, Section 5 and Section 6 of this Article shall apply.

Section 4.3 Involuntary Resignation, Termination, Suspensions, Layoff. In cases of involuntary resignation, termination, suspensions, or layoffs, the employee shall be given a copy of the layoff, suspension or termination of service slip, as the case may be, if he is available to be presented with such copy. If he is not available, copies of the slip will be sent to the employee and to the Union office. The employee shall have the right to appeal the action shown on the slip providing the Union files a written grievance with the designated representative of the Company within five (5) business days after the date of involuntary resignation, termination, suspension, or layoff. The employee will have the right to proceed through the grievance process and within the deadlines set forth in this Article. The written grievance then may be processed through Steps 2, 3 and 4 of the grievance process set forth in Section 2 above.

Section 4.4 Retroactive Compensation. Grievance claims involving retroactive compensation shall be limited to sixty (60) calendar days prior to the date the grievance was reduced to writing and received by the Company. However, this sixty (60) day limitation may be waived by mutual consent of the parties.

Section 4.5 Selection of Arbitrator - from Federal Mediation and Conciliation Service. If the party pursuing the grievance has followed the grievance process as set forth in this Article and has not waived its ability to pursue arbitration through non-compliance with the timing or procedural requirements herein, the parties together shall jointly request the FMCS to submit a panel of seven

(7) arbitrators. Such request shall state the general nature of the case and ask that the arbitrators on the panel be qualified to handle the type of case involved. The parties’ joint request for the panel of arbitrators submitted to the FMCS shall require that the arbitrators be certified by either the

American Association of Arbitrators (AAA) or the National Association of Arbitrators (NAA)

When notification of the names of the panel of seven (7) arbitrators is received, the parties in turn shall have the right to strike a name from the panel until only one name remains. The right to strike

9 C2 CAT/CWD-DL – Luke AFB, AZ the first name shall be determined by lot. The parties agree to strike the panel three (3) workdays after receipt of such panel.

Section 4.6 Arbitration - Rules of Procedure. Arbitration pursuant to Step 5 shall be conducted in accordance with the following:

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

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

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

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

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

(f) The Union and the Company shall equally share payment for the compensation of the arbitrator including their necessary expenses.

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

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

Section 4.7 Time Limits are of the Essence. Time is of the essence. Failure of the Company to act within the time limits set forth in any step shall cause the grievance to proceed to the next step.

Failure of the Union to act within the time limits set forth in any step shall cause the grievance to be waived. The time limitations set forth in this Article are of the essence of this Agreement and are substantive limits. There is no agreement to arbitrate any grievance not processed within the time limits contained herein. No grievance shall be accepted by the Company unless it is submitted or elevated to the next step of the grievance process within the time limits set forth in this Article.

Regardless of whether it is the Union as an entity or an individual employee that is the grievant, the grievance will be timely only if it is submitted and received within the time limits set forth in

10 C2 CAT/CWD-DL – Luke AFB, AZ this article. Time limits designated in this Article for processing grievances and for bringing a matter to arbitration may only be extended by mutual written consent. If the deadline for any action in this Article falls on a non-business day (e.g. Saturday, Sunday, or Holiday), the deadline will be the next business day.

Section 4.8 Procedural Requirements are Substantive Requirements. The procedural requirements set forth in this Article 5 are substantive requirements that must be followed for there to be a valid grievance. There is no agreement to arbitrate any grievance not processed according to the procedural requirements set forth in this Article 5 (i.e. notice to the appropriate representative). Failure to follow the grievance procedure as set forth in this Agreement in any manner shall be deemed abandonment of the grievance and the grievance will be closed.

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

Agreement in whole or in part.

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

Section 4.11–Business Representative/Grand Lodge Representative, When Not Available

May Authorize Designee with Written Notice

For any period that the Business Representative/Grand Lodge Representative is unavailable to serve in that capacity under this Article 4, he/she may designate an accredited Steward or another accredited Business Representative/Grand Lodge Representative to act for them, as his/her designee. As to each such period of unavailability, authorization of the designee will be accomplished by the Business Representative/Grand Lodge Representative informing the appropriate Company representative of the expected period of the Business Representative/Grand

Lodge Representative's unavailability to perform their duties under this Article 4, they shall promptly notify the Company representative in writing of the fact and such notice will terminate the period during which the designee is authorized to act.

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

END OF PAGE

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ARTICLE 5 – SENIORITY

Both parties hereto agree that continued service over a period of time should, and in most cases does, increase the worth of an employee to their employer, and that length of service should receive recognition in case of promotion.

Seniority will be used by the Company in making personnel actions, to include layoff, recall and promotion decisions depending on the requirements of the Company's contract with the USAF.

Where qualifications are reasonably equal, seniority shall be used for promotion or for retention in case of a reduction in force. It is further recognized that the Company retains the authority to evaluate qualifications.

Section 5.1 – Probationary Employees

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

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

Section 5.2 – Establishment of Seniority: The seniority date of each employee, who, as of the effective date of this agreement, is in the unit defined in Article 1, on authorized leave of absence from the unit, or acting in a supervisory capacity over employees in the unit, shall be in conformance with the date carried on the site seniority lists on the date of ratification. The seniority date of each employee, who, subsequent to the effective date of this agreement, is hired, rehired or transferred into the site shall be the effective date of such hire, rehire or transfer to the site.

Employees transferring into the Bargaining Unit who have continuous service with the Company, will retain the Company date of hire only for the purposes of Vacation accrual. Their date of transfer would also establish their Bargaining Unit seniority date on this CBA as their date of hire on the program at Luke Air Force Base, for all other purposes of seniority.

Section 5.3 – Employees With Identical Seniority Dates: When two or more employees have the same seniority date as herein provided, the employee having the lowest last four (4) digits of

12 C2 CAT/CWD-DL – Luke AFB, AZ one's social security number shall be considered as having the least seniority for tie breaking purposes.

Section 5.4 – Accumulation Seniority: Site Seniority shall accumulate to:

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

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

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

Article 8;

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

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

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

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

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

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

5.5(b) Discharge for cause;

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

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

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

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

5.5(g) Transferring out of the bargaining unit.

5.5(h) Retirement;

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

Section 5.6–Transfers To and From the Bargaining Unit

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

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

5.6(c) The Company at any time may transfer or demote to positions within the employee's site of employment those employees who have accumulated or are accumulating seniority under Section 5.2 of this Article 5. Such transfers or demotions may be made subject only to the job return rights of others to the extent provided in Article 12. Employees who transfer to another job category within the site (see Article 12) shall be placed on the new category seniority list using the seniority date on the previous job category list at the same site.

Section 5.7 – Seniority List. The Company will provide an annual personnel list to the Union and/or an updated personnel list when employee(s) enter/exit the bargaining unit. The list will show each employee’s name, hire date, service benefit date, and classification, current address and contact information. The union will post the list to the bargaining unit with employee’s name, seniority date and classification. Any protest must be filed within ten (10) working days of such posting. After the protest period has ended this personnel list shall become the validated seniority list, and both parties will archive a copy.

ARTICLE 6 – WORKWEEK, HOURS OF WORK and SHIFTS

Section 6.1 - The Company’s work week/pay period is the period from Friday at 0001 hours through the following Thursday at 2400 hours consisting of no less than forty (40) hours for “Full-

Time" employees. This Company workweek shall be used in calculating all employee overtime payments. Payday will occur at the conclusion of each pay period per existing Company processes.

Two-calendar days’ notice will be given for schedule changes that affect the shift start times, or as soon as possible when the customer provides less than two days’ notice.

Determination of starting time, hours of work, and days of rest, shall be made by the Company and such schedules may be changed from time to time to suit varying customer requirements and/or

14 C2 CAT/CWD-DL – Luke AFB, AZ conditions of business. Employees’ posted shifts shall not be changed solely to avoid the payment of overtime. This Section is not subject to Article 4, Grievance and Arbitration.

Section 6.2–Lunch Period: Employees will be allowed one (1) paid fifteen (15) minute rest period before and one (1) paid fifteen (15) minute rest period after lunch for each scheduled work day;

and one (1) unpaid thirty (30) minute or sixty (60) minute lunch period as determined by management. With prior management approval, employees will be allowed to work through their lunch period and/or rest periods or take their rest and/or lunch periods at a later or earlier time during the shift.

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

Section 6.3–Work Shift Variance: Work schedules may be modified by mutual agreement with the Site Manager and employee.

During weeks of military down, goal, or family days, employees may flex their schedule to complete their forty hour workweek around the military down, goal, or family days, provided that:

(1) there is prior coordination and approval by the Company’s Manager or their designee,

(2) the workload that week is conducive to flexing, and

(3) the flexing occurs within the same workweek and does not result in overtime. In the absence of a workload that allows flexed scheduling, employees are strongly encouraged to use vacation days during military down, goal, or family days.

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

Section 6.4—Part Time Employees: A part-time employee is defined as an employee hired to work for a period of no more than an average of less than thirty (30) hours per week. This may be exceeded any time by mutual agreement. There are no guaranteed work hours for part time employees.

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

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

Section 6.5 - An employee who is unable to report for work at their scheduled start time must notify their site manager/focal within one (1) hour of their regularly scheduled start time. If the absence exceeds one (1) day, the employee must contact the site manager/focal each day at least one (1) hour before their regularly scheduled start time.

Section 6.6 – Based on customer training requirements, employees may be required to work

Saturdays or Sundays, or any other day of the week. Employees may be required to work holidays and on their planned day off. Subject to the restriction in Section 7.2.

ARTICLE 7 – OVERTIME

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

Section 7.2 - The Company shall not require an employee to work overtime who has worked, three consecutive weekends (either Saturday or Sunday), or 160 overtime hours in the calendar quarter, except in extraordinary circumstances mandated by the customer. Hours worked on any off-site assignment shall not be included in this provision.

Section 7.3 - Overtime shall be paid at one and one-half (1.5) times an employee’s base rate, for all hours worked on a holiday as defined in Article 19, and/or for all hours worked in excess of forty (40) compensated hours in the workweek, including Saturday and Sunday. All compensated hours shall be credited as hours worked for the purpose of overtime calculation.

Section 7.4 - Wage Payment Basis. Employees shall be paid for time worked computed to the nearest tenth (0.1) of an hour.

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Section 7.5 - There shall be no pyramiding of overtime and/or other premium payments or shift differential payments. No overtime shall be worked except by direction and pre-approval of the

Company’s appropriate management.

Section 7.6 - In any dispute regarding any claim that an employee was not given an opportunity to work overtime, the only award, if any, will be that the employee shall be provided an opportunity to work such overtime at the next overtime opportunity.

Section 7.7 - For the purposes of calculating over-time, straight-time rate will include the employee’s base rate.

ARTICLE 8 – LEAVE OF ABSENCE

Section 8.1 - Leave of Absence – The Company agrees to provide the categories of unpaid time off set forth in this Article IAW applicable law and as set forth in the Company’s Employee Policy

Manual. For the time period indicated in each instance, leaves of absence without pay (except to the extent employees must exhaust all paid time off before logging leave without pay) shall be granted to an employee on the active payroll, provided all conditions are satisfied:

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

8.1(b) For the birth or adoption of a child, or in stillborn cases, upon request of the employee up to 12 weeks of unpaid leave or such time as leave may be mandatory under any applicable law.

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

8.1(d) The Company may grant leaves of absence without pay for other reasons that the

Company considers valid. Should the request for Leave of Absence be rejected by the

Company, the reason will be discussed with the employee.

Section 8.2 - Employee Payments for Benefits - Employees who are not eligible for Family

Medical Leave but are still active on payroll (i.e. vacation or sick pay), their applicable employee payments for benefits will be taken as a payroll deduction. If the leave is unpaid, the employee must make payment by personal check. Benefit coverage will cease when the premium payment is more than thirty (30) days late.

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Section 8.3 - Military Duty - It is the policy of Company to support the Armed Services and to grant unpaid military leaves of absence and protection of certain employee rights and benefits as may be required for employees who are members of the uniformed services. The Company will comply with applicable state and federal law regarding military leave, reinstatement and reemployment set forth specifically in 38 U.S.C. § 4301 et seq., Employment and Reemployment

Rights of Members of the Uniformed Services; and related applicable state statutes.

8.3(a) Short Term Military Leave: An employee who is a member of a reserve component of the Armed Forces, who is required to enter active annual training duty or temporary special services duty, shall be paid their normal straight time earning, including shift differential where applicable, up to a maximum of fifteen workdays each calendar year. The amount due to the employee under this Article shall be reduced by the amount received from the government body identified with such training duty or services for the period of such duty

(up to the maximum period mentioned above). Such items as subsistence, uniform and travel allowance shall not be included in determining pay received from state or federal government

Section 8.4 – Union Leave. A leave of absence without pay for Union business will be granted to one bargaining unit employee not to exceed one (1) week per calendar year, provided at least thirty

(30) work days advance notice is given in writing to the Company, subject to the business needs of the Company.

Section 8.5 – Return from Leave of Absence - An employee who applies from Leave of Absence on or before the expiration of the Leave of Absence will be returned in accordance with the following:

(a) When an employee returns from a leave of absence and the period of the leave has not exceeded one year, and the employee is able to perform the job last held, he will be returned to previous position/job classification. This placement may cause surplusing of other employees based on surplusing guidance in Article 9 (Workforce Administration).

(b) When an employee returns from a leave of absence and the period of the leave and the period of leave was in excess of one year, the employee may be returned to the position/job classification last held providing there is an opening in such job classification and placement in such opening is not inconsistent with Article 9 (Workforce Administration) otherwise, he may be placed on layoff.

(c) When an employee returns from a Leave of Absence and is not able to perform the job last held due to medical limitation, he will be considered for any job that he is qualified and able to perform, or if a surplus occurred that would have affected him during such leave, be subjected to surplusing procedures, in accordance with Article 9 (Work Force

Administration).

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(d) If leave was granted to accept a full-time position with the Union, the employee will be returned to the job last held if such job is open. If such job is not then open, the employee will be returned to one of equal grade. It is understood this return may require surplusing in accordance with Article 9 (Work Force Administration).

ARTICLE 9 – SAFETY

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

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

ARTICLE 10 – SEVERABILITY

Section 10.1 – If any part of the Agreement is declared invalid by reason of any existing or subsequently enacted legislation, by any decree by a court of competent jurisdiction, the remaining parts of the Agreement will remain valid. The Company and the Union shall meet as soon as possible after the enactment of such legislation or decree to reestablish compliance.

ARTICLE 11 – MISCELLANEOUS

Section 11.1 – Sabotage: The Union agrees to report to the Company when it has knowledge of any acts of sabotage or damage to or the unauthorized or unlawful taking of Company, Government, customer or any other person's or employee's property. The Union further agrees, if

19 C2 CAT/CWD-DL – Luke AFB, AZ any such acts occur, to use its best efforts in assisting to identify the guilty person or persons and notify the Company of its investigation.

Section 11.2 – Security Clearance: Nothing in this Agreement shall require the Company to employ or continue to employ or give access to any of its facilities or work locations, any person or persons to whom the cognizant Security Agency, in the interest of security against espionage or subversive activity, refuses to give access to classified information and/or work.

11.2(a) The Company and all representatives of the Union having access to the premises and all employees are required to comply with applicable Government security regulations when on Government property and/or performing work for the Government. Employees working on the program must submit to appropriate security screenings and searches and must apply for, receive and maintain any required Government clearances. The Company and the Union agree that security information will be revealed only to persons properly cleared and required by the Government to have the information.

11.2(b) In the event that the Government revokes, suspends or refuses required security clearances, Identification Badges, Contractor Identification Cards or other required credentials to perform work on Luke AFB or any of its associated locations, the Company will comply with the Government’s requirements which may include removing employees from the Base and…