Attachment 9a - MHCAIA CBA first amendment.pdf

First Amendment to the Collective Bargaining Agreement Between

The MHCAIA and PKL

This First Amendment to make certain changes, deletions, modifications and other revisions to the Collective Bargaining Agreement, in effect from September 1, 2018 through August 31, 2021 between PKL Services, Inc. (Employer) and The Mountain Home Contractor Aviation Instructor’s Association (Union), is made by and between the Employer and Union, for itself and on behalf of its members.

WITNESSETH

In consideration of the mutual covenants herein contained, the parties hereto agree as follows:

The Employer and Union mutually agreed that certain changes, deletions, modifications and other revisions to the parties' existing Collective Bargaining Agreement (CBA), are necessary to be in compliance with the Employer’s Employee Handbook as well as other items that were not within scope of the contract as follows:

1. Changed Article 11 by adding two more columns for base pay rate changes on 10/1/2021 and 10/1/2022

2. Adjusted Articles 12 by deleting Family Days

3. Adjusted Article 13 vacation hours and clarified sick leave accrual

4. Changed Article 14 Civic and Bereavement Leave to reflect similar language in the Employer’s Employee Handbook

5. Changed Article 21, 401(k) Savings Plan to be in compliance with the associated

401(k) Plan Document regarding employer contributions

6. Change the duration of agreement Article 24 from 3 years to 5 years

Upon acceptance of this First Amendment, changes will be retroactive for the Articles 12 and 13 changes back to January 1, 2019 and for all other changed Articles, specifically Article 21, 401(k) changes back to October 1, 2018.

DocuSign Envelope ID: 219C5B89-91D3-4C0B-BB2A-73028F9F8AC8

ARTICLE 11

CLASSIFICATIONS AND RATES OF PAY

Section 11.1. Base Rate Structure. The following wage rates will be effective upon ratification and for the period of this agreement and to all employees filling job classifications listed below. Wage rates are hourly.

CBA JOB TITLE 9/01/18 10/01/19 10/01/20 10/1/21 10/1/22

F-15SG Flight Instructor (FWIC Qualified)

121.78 124.82 127.96 131.16 134.44

F-15SG Flight Instructor (non-FWIC Qualified)

102.61 105.18 107.81 110.51 113.27

F-15SG Simulator / Platform Instructor

71.06 72.84 74.66 76.53 78.44

Lead F-15SG Flight or Sim/Platform Instructor additional pay

2.48 2.54 2.60 2.66 2.72

Section 11.2. Pay Frequency and Method. Paydays for employees under this Agreement shall be on a semi-monthly basis, with pay periods running from the first

(1st) through the 15th and the 16th through the end of every month, with paydays falling on the 10th and the 25th of each month. For automatic payroll deposit, the funds are made available by PKL before or by the end-of-day on each payday. (This does not include added processing time that may be required by your financial institution.) Should a payday fall on a weekend or a Company holiday, employees will be paid on the workday immediately preceding it.

ARTICLE 12

HOLIDAYS

Section 12.1. The following shall be observed by all Association personnel as paid holidays:

January 1 (New Year’s Day)

Martin Luther King Jr.’s Birthday

President’s Day

Memorial Day

July 4th (Independence Day)

Labor Day

Columbus Day

Veteran’s Day

Thanksgiving Day

Christmas Day

If a paid holiday falls on a Saturday or Sunday, it will usually be observed on the preceding Friday or the following Monday. The actual date of observance will be determined by the Customer.

Section 12.2. Unworked Holidays. Employees shall receive eight (8) hours pay for unworked holidays (those holidays designated above), at their base rate in effect at the time the holiday occurs.

Section 12.3. Worked Holidays. Employees who are required to work on the above-named holidays shall receive the pay due them for the holidays plus 1.0 times their base rate for all hours worked on such holiday, unless the employee starts work at 11:00 p.m.

or thereafter on that day.

ARTICLE 13

PAID TIME OFF (PTO)

Section 13.1. General. It is the policy of the Company to grant time off to employees, as a reasonable time away from the job is conducive to good health and well-being and can have a refreshing effect that is to the advantage of the Company as well as the employee. Accordingly, it is management's responsibility to give each eligible employee the opportunity to take a vacation each year.

Section 13.2. Accumulation of Vacation hours. A prorated award of annual vacation hours will accrue each pay period, as outlined in section 11.2. Credit will be given for the employee's total length of service which is continuous with the Company, and other predecessor contractors who performed similar work, and was determined to be a predecessor to the Company under the Service Contract Act.

13.2(a) Vacation Accrual Schedule

Years of Service

Completed

Annual Vacation

(Hours)

0-4 Years 148 Hours 5-9 Years 188 Hours 10+ Years 228 Hours

13.2(b) Vacation hours will accumulate in an employee's vacation account up to 1.5X the annual amount, not to exceed 228 hours.

13.2(c) Employees who, prior to the effective date of this Agreement, accumulated hours annually and were awarded those hours on their work anniversary, will be granted their prorated vacation hours for the previous year on the first pay period following the effective date of this Agreement. Thereafter, vacation hours will be accrued and awarded per this section 13.2.

13.2(d) Vacation hours will not be accumulated during periods of layoff, or during a Company unpaid leave of absence as defined in Section 15. Such absence during the service year will reduce the vacation hours granted at the beginning of the employee’s next award period. The reduction will be in proportion of 1/365th for each day of absence, rounded to the nearest one-tenth hour, of the hours applicable to the employee per the vacation schedule in section 13.2(a) of this Article.

Section 13.3. Vacation eligibility and rate change. The vacation eligibility date will be the later of last hire by the Company or predecessor contractor when service was continuous, or the most recent rehire date following separation. Change in vacation rate will take effect at the beginning of the next pay period in which the employee’s work anniversary falls.

Section 13.4. Use of Vacation Hours. An employee shall use his unused vacation hours accumulated as vacation with pay at the rate, including any pay additives, in effect at the time their vacation begins, subject to the following conditions:

13.4(a) Employees shall request vacation dates on forms provided by the Company and the Company will endeavor to schedule vacation as requested.

13.4(b) In instances where Company management believes the awarding of vacations as requested would interfere seriously with Customer requirements, the scheduling of vacations shall be as near to the dates requested as possible.

13.4(c) In scheduling vacations, the Company will meet the Customer’s schedule requirements by allowing employee time off only when it is feasible. If two or more employees request conflicting vacation dates that would impact the Company meeting Customer requirements, those with seniority will be given their preference of available vacation dates. Vacation is to be requested from and approved by the employee’s immediate manager or supervisor in advance in the agreed upon manner. In most cases, a one-week advance notice will be sufficient.

However, the amount of advance notice may vary depending on operational and/or Customer needs. Managers or supervisors may approve requests for vacation with less than one week’s advance notice at their discretion.

13.4(d) Employees may use vacation for personal business, and other needs which may require time off from work, provided schedules permit. PKL encourages the use of 40 hours of vacation annually. Employees should contact their Contract Manager for specific vacation contract usage and requirements.

The amount of vacation taken must not exceed the amount of vacation available at the time it is taken without prior approval from the Contract Manager for “leave without pay” (LWOP) for the excess requested, as outlined in 15.1(d). Vacation hours may be used in one-tenth hour increments.

13.4(e) There will be no “pay-in-lieu-of time off” unless an employee is removed from the active payroll. In the case of payroll removal, pay-in-lieu-of time off will be for unused earned and accrued vacation time in their account, their base rate of pay as of the separation date, regardless of reason for separation. In the event of death of an active employee, all earned and accrued vacation time will be paid to their beneficiary on record.

Section 13.5. Sick Leave. Employees will receive 56 hours of sick leave annually, allocated on the first of every year. Accrual will be capped at 112 hours. For absences in excess of 32 hours or 4 days, employees will be required to submit a doctor’s note releasing them to return to work.

Unused time under this policy is not paid out at the time of separation from employment.

However, employees who are re-employed with the Company within a year of separation will have their accrued unused bank of time off under this policy made available to them.

Leave under this policy may run concurrently with leave taken under other applicable policies as well as under local, state or federal law, including leave taken pursuant to the Family and Medical Leave Act (FMLA).

Section 13.6 Additional Unpaid Time-Off Options. Additional Company unpaid leave or time-off opportunities not expressly included in this Agreement shall be available to all Association employees, including, but not limited to, time off for voting, victim of crime, volunteer civil service, Civil Air Patrol, domestic violence, or school and child care activities, in accordance with Company policy and applicable law. Such policy shall be provided in soft copy to each covered employee and to the Association.

ARTICLE 14

CIVIC AND BEREAVEMENT LEAVE

Section 14.1. Civic Leave. Employees who are required by proper court order or summoned to be absent from work in connection with jury duty, or subpoenaed as a witness, will be paid at their regular straight time wage rate for jury duty or court appearance. Employees will receive full pay for the total hours served each day for a maximum of eight (8) hours per day, up to a total of five (5) days annually. Employees released by the court with less than four (4) hours of service completed in a day will be expected to return to work on that day (two (2) hours of this time will be considered as travel/preparation time). Fees received for jury or witness duty will not be deducted from such pay. The employee will furnish to the Company evidence satisfactory to the Company showing the performance of jury or witness duty that meets the requirements of this Section 14.1.

14.1(a) The employee will notify the supervisor of the need for time off for jury duty or witness leave as soon as a notice or summons from the court is received, and will submit a signed Certificate of Jury Services form from the court, indicating the number of hours (by day) and days served once complete.

Section 14.2. Bereavement Leave. Bereavement pay shall be for eight (8) hours at the straight time base rate, for each such day off; however, such pay will not be applicable if the employee received pay for such days off under any other provision of this Agreement. Bereavement leave must be taken within the thirty (30) days following the death, funeral, or service, and will be offered as follows:

14.2(a) Employees shall be given up to three (3) days (24 hours) off with pay to bereave and attend the funeral/service of a member of his/her family. “Family” shall be considered to be: spouse or registered domestic partner, child/step-child, or other child for whom the employee is a legal guardian, Parents (including in-laws)/ step-parents (in-laws), or other person who has served as the employee’s legal guardian, grandparents/grandchildren, siblings/step-siblings.

Should additional time off be necessary for an employee to meet their related obligations, additional time off may be requested either as Paid Time Off, sick time, or as authorized time off without pay. Such requests shall be arranged with employee’s manager or supervisor, who will try to accommodate the request.

The employee will be required to provide documentation of the date of death.

ARTICLE 21

401(k) SAVINGS PLAN

Section 21.1. 401K Deferred Income Plan The Company will provide eligible employees covered by this Agreement an I.R.S.

approved 401(K) savings plan. The Company shall contribute fifteen and two tenths percent (15.2%) of the employee’s regular base salary up to forty (40) hours per week and 100% vesting immediately. The Company contribution does not include overtime or unpaid leave (i.e. military leave, personal or disability leave, leave of absence).

Employees may also make voluntary contributions to the plan up to the maximum allowed in accordance with the Plan’s Summary Description. All Company contributions shall be applied to the employee’s account(s) on a semi-monthly basis. All conditions of participation, eligibility, and distribution of benefits will be governed by the plan document. The Company will provide the plan document to the Association and all Association employees.

Section 21.2. Eligibility. The date of eligibility for employees falling under this Agreement applicable to the Elective Employee Contribution (401k) will be governed by the plan document.

Section 21.3. Required Plan Amendments. The Company reserves the right to amend the plan to satisfy all requirements of Section 401(a), Section 401(k) or any other applicable provisions of the Internal Revenue Service Code.

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ARTICLE 24

DURATION AND TERMINATION

This Agreement shall become effective 1 September 2018, and for five (5) years hence.

SIGNATURES OF THE PARTIES

IN WITNESS WHEREOF, the Company and the Association have caused this Agreement to be signed by their authorized representatives.

Dated this 28th day of May 2019.

PKL Services, Inc

Michael G. Naylor Alvin Porter Sr Director, Contracts & Programs Director of Air Force Programs PKL Services, Inc. PKL Services, Inc.

Mountain Home Contract Aviation Instructor’s Association

Mark Thompson Daniel Hartigan President, MHCAIA Vice President, MHCAIA

David Brescia MHCAIA Representative