Attachment_11_CBA_WD_EAS_IBEW_2014-0784.pdf

201407841 (2)

REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 2014-0784 Diane C. Koplewski Division of | Revision No.: 1 Director Wage Determinations| Date Of Last Revision: 10/24/2014 State: Alaska

Area: Alaska Statewide Employed on United States Air Force, Elmendorf Air Force Base, Alaska contract for Support of the

Operation and Maintenance requirements of Eareckson Air Station Alaska.

Collective Bargaining Agreement between Chugach Federal Solutions, Inc. and International Brotherhood of Electrical Workers, Local 1547 effective September 24, 2014 through September 29, 2017.

In accordance with Sections 2(a) and 4(c) of the Service Contract Act, as amended, employees employed by the contractor(s) in performing services covered by the Collective Bargaining Agreement(s) are to be paid wage rates and fringe benefits set forth in the current collective bargaining agreement and modified extension agreement(s).

Section J, Attachment 11

FA5215-17-R-9002

Section J, Attachment 11

Collective Bargaining Agreement between

Chugach Federal Solutions, Inc.

and

International Brotherhood of Electrical Workers Local Union 1547

Anchorage, Alaska

AFL-CIO

October 1,2014 through September 30, 2017

Section J, Attachment 11

Table of Contents

Table of Contents will be provided with the completion of the CBA.

PREAMBLE

This Agreement, entered into in duplicate by and between CHUGACH FEDERAL SOLUTIONS, INC., hereinafter referred to as the “Employee’, and LOCAL UNION NO.

1547 of the INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO, of Anchorage, Alaska, hereinafter referred to as the “Union”.

The Employer and the Union have a common and sympathetic interest in the smooth operation of Eareckson Air Station. Such common interest and the public welfare will be better served by the establishment and maintenance of labor management cooperation between the Employer and the Union.

It is the intent and purpose of the parties to promote and improve industrial and economic relations between the Employer, its employees, and the Union; to establish a basic understanding relative to rates of pay, hours of work and other conditions of employment to provide procedures for the amicable adjustment of all disputes and grievances.

The management of the Employer and the leadership of the Union are committed to use due diligence to develop a positive labor management relationship. The primary goals are to promote the success of the Employer, to provide rewarding jobs for its employees and to provide quality service to meet the needs of its customers. The purpose of this Agreement is to create a labor-management structure and set forth terms and conditions of employment to support a work environment that will further these goals.

In consideration of the mutual covenants herein set forth, the parties agree as follows:

ARTICLE I

SCOPE AND DURATION OF AGREEMENT

1.1 Scope

This Agreement is applicable only to work within the scope of job classifications covered by this Agreement and listed at Article 5, Section 5.1 and the employees who perform that work and will not be applicable to other positions or job classifications except as agreed between the Union and the Employer. The work covered by this Agreement is defined as the historical and traditional work performed by the bargaining unit within the scope of the Employer’s contract with the United States Air Force. Employees outside of the bargaining unit will not perform the regular and exclusive work of the bargaining unit except as specified in this Section. Supervisors, as defined by the National Labor Relations Act, may

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Section J, Attachment 11 perform bargaining unit work only for purposes of instruction or in bona fide emergencies.

For purposes of this Section “bona fide emergencies” shall be defined as immediate irreparable harm to persons or property. Supervisor’s performing work under this Section may do so only to the extent that such work does not become a regular duty of the Supervisor’s normal workload. In no way is this language to exclude, displace, or erode work opportunities for bargaining unit members to perform bargaining unit work as outlined in this Section.

1.2 Duration

This Agreement shall become effective at 12:01 a.m. October 1, 2014 through and including 11:59 p.m. September 30, 2017 and shall continue in full force and effect from year to year thereafter unless written notice of desire to amend this Agreement is served by either party upon the other no more than one hundred twenty (120) days, and no less than ninety (90) days, prior to the date of expiration. Such written notice must specify the nature of the changes desired. If notice to amend is given, negotiations shall commence within thirty (30) days following the date of the notice and this Agreement shall remain in effect until the terms of a new or amended Agreement are agreed upon, or until the parties have reached a genuine impasse.

1.3 No Strike Agreement

There will be no stoppage of work either by strike or lockout because of any proposed changes in this Agreement or disputes over matters relating to this Agreement. All such matters will be settled as provided herein.

1.4 The term “he,” wherever used in this Agreement, shall also mean “she.”

ARTICLE 2

EMPLOYER-UNION RELATIONS

2.1 Union As Sole Bargaining Agent

The Employer recognizes the Union as the sole bargaining agent for all classifications of employees covered hereby in respect to hours, wages and other conditions of employment.

2.2 Union Shop

The Employer agrees that all employees covered by this Agreement will, as a condition of employment, within thirty (30) days of the date of this Agreement, or within thirty (30) days after the employee’s date of hire, whichever is later, become members of the Union or pay all dues, assessments or fees to the Union as required by the Union. The Employer agrees that only those employees covered hereby who remain in good standing in the Union should continue in its employ. As used in this article, “good standing” means that an employee is not in arrears to the Union for current dues, assessments or fees, including initiation fees.

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Section J, Attachment 11

2.3 Managerial Prerogatives of the Employer

The management of Employer’s operations and direction of the work force is vested exclusively in the Employer. Providing that the action taken by Employer is not inconsistent with the terms of this Agreement and is not taken for the purpose of discriminating against an employee based on Union membership, the Employer retains management rights and responsibilities, including, but not limited to: (1) to prescribe working rules pertaining to safety, discipline, and conduct; (2) to supervise and schedule the work force; (3) to employ, promote, transfer, and lay-off employees; (4) to discipline employees for just cause; (5) to determine the size of the work force; (6) to control and regulate the use of facilities, supplies, equipment, and other property of the Employer; and

(7) to introduce new or improved methods of operation or facilities.

2.4 Standards of Work

The Union agrees for its members who are covered by this Agreement that they will individually and collectively perform safe, efficient, and diligent service, and that they will use their influence and best efforts to protect the property of the Employer and the United States Air Force. The parties recognize that in the best interest of both the employees and the Employer, concerns regarding the contractual relationship between the Employer and the Government are most appropriately addressed with management of the Company.

2.5 Shop Stewards

Shop Stewards who have been selected pursuant to the rules and regulations of the Union to represent the employees covered hereby will be recognized by the Employer. The number of stewards appointed shall be reasonably related to the needs of the Union to represent bargaining unit members. The name(s) of the stewards will be furnished to the Project Manager of the Employer in writing before beginning their duties. An alternate shall act as the steward when appointed to do so by the Union and the Employer is so notified. The Employer recognizes that the stewards will be assigned their Union duties and responsibilities by the Union and pursuant to this Agreement. The stewards will cooperate with the Employer in securing compliance with this Agreement and, at the request of the Project Manager of the Employer, or of the Project Manager’s duly authorized representative, will call to the attention of its employees any violations of this Agreement.

Stewards shall perform their assigned duties as an employee covered by this Agreement.

Stewards will be given a reasonable amount of work time, not to exceed five (5) hours per week without loss of pay, to handle Union business pertaining to the steward’s area of responsibility which could not reasonably be accomplished during non-working hours. This business will be handled as expeditiously as possible and, except for mailers taking only a few minutes, the appropriate management supervisor will be informed before a steward performs Union business. The exception to this five (5) hour period is arbitration. The Steward would be entitled to full pay and benefits during required appearances in the Arbitration process. However, a steward will not be paid for time spent on Union business that he or she handles outside of his/her regular work hours. During outages and other emergencies, a supervisor has the right to require a steward to give priority attention to Employer’s business.

Section J, Attachment 11

Stewards will not be terminated for any cause until the Project Manager of the Employer and the Business Manager of the Union have completed an investigation of such cause, provided that the investigation shall not last longer than fifteen (15) work days in cases not involving a reduction in force, and 48 hours in cases involving a reduction in force, without mutual agreement of the parties. In the event a Steward has engaged in substantiated violent behavior, the USAF requires that such individual be removed on the next flight; a Steward found to have engaged in such behavior will be so removed. Termination action will be subject to the grievance procedure, as applicable. In the event of a reduction in force involving a steward, the Project Manager for Employer and the Business Manager of the Union will meet at least 48 hours prior to the reduction in force to allow adequate time for the Business Manager to replace the steward; this section, in and of itself, does not obligate Employer to otherwise give the Union advance notice of a reduction in force. As used in this section, “shop steward” or “steward” includes alternate shop stewards, and “working hours” does not include meal and break periods.

Shop Stewards may be granted leave to attend to business of the Union such as training and educational seminars, so long as operational requirements allow. Upon billing from the Employer, IBEW will reimburse CFSI for wages paid to employees while on leave for Union business, exclusive of overtime.

2.6 Leave to Accept Union Office

Any employee elected or appointed to an office of the Union which requires a part or all of the employee’s time will, upon application, be given annual leave, insofar as such employee may have accrued annual leave or leave without pay. An employee who is on leave in order to discharge Union duties will continue to accrue service credit for a period not to exceed four (4) years. This Union leave may be extended by mutual agreement.

This provision does not apply if an employee seeks leave solely to act as a candidate for Union office.

2.7 Good Standing with the Union

The Union may notify the Employer in writing that an employee covered by this Agreement is not in good standing with the Union, in that such employee is in arrears for current dues, assessments or fees, including initiation fees. The Employer will inform the employee of such notification and, unless the employee acquires good standing with the Union within a period of thirty (30) calendar days after being so informed by the Employer, the employee will be terminated. The Employer agrees to deduct Union dues, assessments and fees from the pay of its employees and pay to the Local Union No. 1547 such amount as is authorized in writing by the employee on a form provided by the Union. The Employer agrees to make this deduction from each payroll check, and to send a check for the total amount to the Financial Secretary as designated by the Union on or before the fifteenth (15th) day of the following month, together with a list of every bargaining unit employee that shows for each employee: (1) the employee’s social security number, (2) the employee’s last name, first name, and middle initial, (3) the amount of working dues, assessments or fees deducted, (4) the amount of monthly dues or fees deducted, (5) the employee’s base working rate, (6) the number of hours compensated at straight time, and

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Section J, Attachment 11 at the applicable overtime rate, (7) the total hours compensated, and (8) the employee’s gross wages. The Union agrees that the Employer assumes no responsibility in connection with deduction of dues, assessments or fees except that of ordinary diligence and care in forwarding monies deducted as set forth in this Article.

2.8 Union Bulletin Boards

Employer will provide bulletin boards for use by the Union, at locations acceptable to the Union, for the purpose of posting Union notices and communications. Union bulletin boards will be provided with locks and keys, with keys kept by the stewards. Bulletin boards will be confined to the power plant at Shemya and will not contain any information derogatory to the company, the employees or the union.

2.9 Union Access to Employer’s Premises

Authorized representatives of the Union, while acting on Union business, will be permitted to visit the offices and other places of work of the Employer during working hours. The Union representative will schedule visits to a department, work site, or facility with the Manager of Employee Relations, or the Manager’s designee. Members of the Union will be permitted to participate in Union meetings during their hours of work only as authorized by the General Manager or the General Manager’s designated representative.

2.10 Contracting Out— Purpose

It is understood and agreed that the function of this Section is not in any way intended to limit or restrict the ability of the Employer to do business with other employers, but rather, these provisions are designed and intended to preserve work for employees whose wages, hours and other terms and conditions of employment are prescribed by this Agreement.

The Employer shall be unrestricted in contracting out functions which have not been traditionally done by the bargaining unit.

2.10.1 Emergency Conditions and Supervisors Working

The Employer agrees to refrain from assigning or transferring work normally being performed by employees covered by this Agreement to any supervisor, or unrepresented position, except with consent of the Union, in the case of an emergency. For purposes of this Section “emergency” is defined as immediate irreparable harm to person or property or for natural disasters and states of increased operational readiness.

2.10.2 Warranty Work

This Section shall not prohibit the employees of a manufacturer or supplier who is doing warranty work from trouble-shooting or working on equipment, systems, or apparatus supplied to the Employer which are still under warranty. The Employer will assign at least one bargaining unit employee to assist with such warranty work as training that will facilitate work the bargaining unit employees will, with reasonable probability, do later.

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Section J, Attachment 11

2.10.3 Erosion of Work Force

No regular employee shall be laid off, terminated, or discharged as a result of the Employer’s subcontracting work historically or normally performed by bargaining unit employees. The Employer agrees that it will not contract out or subcontract work with the underlying purpose of eroding the size of the bargaining unit.

2.10.4 Union Signatory Clause

In order to preserve work traditionally performed by bargaining unit members, the Employer shall require that contractors awarded work that is covered by this Agreement either 1) be or become signatory to a current collective bargaining agreement with International Brotherhood of Electrical Workers Local 1547 or 2) such work shall be performed under wages, hours, benefits and safety conditions not less than in this Agreement. This requirement shall become applicable only upon award of the contract. Contractors or subcontractors need not be signatory to such agreement in order to bid on the project. Bidding is open to any contractor.

IBEW and any successful bidder shall promptly enter into an agreement as necessary to comply with this section.

2.11 Employee Access to Personnel Records

Employees shall have access to their personnel records at any reasonable time during working hours. Official personnel files will be centrally maintained at the Project Headquarters at the Spenard office location. Working files may be maintained at EAS in the Site Managers office.

2.12 Communications and Notices

All communications between the parties that are contemplated or required by this Agreement will be in writing and will be delivered to the business office of the Union and the Employer either by facsimile, mail or hand delivery.

2.13 Savings Clause

If any article, section or provision in this Agreement or any subsequent amendment hereof is rendered or declared invalid by reason of any statute, ordinance, regulation, or other law, or by the final judgment of a court of competent jurisdiction, the invalidation will not affect the remaining portions of this Agreement and such other portions will remain in full force and effect. Upon the invalidation of any article, section, provision, or amendment hereof, the parties shall, within thirty (30) days from the date that notice of the invalidity is received, in good faith negotiate and agree on lawful and enforceable amendments or modifications that will effectuate the parties’ original intent. The parties may agree to extend the thirty (30) day time period by mutual consent.

2.14 IBEW Political Action Committee

Upon receipt of written authorization signed by an employee, on a form supplied by the Union, the Employer shall deduct, and forward to the Union, from such employee’s wages an amount authorized by the employee for purposes of participation in the IBEW Political Action Fund (PAC).

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Section J, Attachment 11

2.15 IBEW Hardship and Benevolent Fund

Upon notice from the Union that the bargaining unit has elected to participate in the IBEW Hardship and Benevolent Fund (IHBF), the Employer shall deduct from each employee’s paycheck, and forward to the Union, five cents ($.05) per compensable hour for each bargaining unit employee.

2.16 Assignability

This Agreement shall be binding upon the successors and assigns of the parties hereto, and no provisions, terms or obligations herein contained shall be affected, modified, altered, or changed in any respect whatsoever by the consolidation, merger, sale, transfer, or assignment of either party hereto, or of any kind of ownership or management of either party hereto, or by any change, geographic or otherwise, in the location or place of business of either party hereto.

ARTICLE 3

EMPLOYEES, SENIORITY AND VACANCIES

3.1 Employees

3.1.1 Temporary Employee

A temporary employee is one who is employed for occasional work and for a limited period of time, not to exceed thirty (30) consecutive calendar days. Temporary employees will be subject to all terms of this Agreement. Such temporary employment may be extended by mutual consent of the Employer and Union. The Employer’s utilization of this Section shall not cause an erosion of the bargaining unit.

3.1.2 Regular Employee

A regular employee is one who has been engaged for regular employment and who has served the Employer continuously for ninety (90) days or longer.

3.2 Introductory Period

Employees hired to fill a regular job will serve and introductory period for the first ninety

(90) days of their employment, except that if a temporary employee is hired for regular employment after serving for ninety (90) days or more in the position to which the employee is appointed, the employee will not be required to serve an additional introductory period. During this introductory period, the employee may be laid off or discharged by the Employer, without recourse to the grievance and arbitration provisions of this Agreement. All employees hired to fill a regular job shall accrue seniority during such introductory period. The introductory period may be extended by mutual agreement between the Employer and the Union.

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Section J, Attachment 11

3.3 Seniority

For the purposes of this Agreement, seniority is the actual amount of uninterrupted time an employee is employed with the Company at the project site exclusive of unpaid leave other than FMLA leave and including time with predecessor employers.

A current seniority list will be posted by the Employer on the Union bulletin board and a copy provided to the shop steward. Upon any change to the seniority list a new list will be promptly posted and provided to the Shop Steward.

3.4 Termination of Seniority

The seniority of an employee will terminate under any of the following conditions:

• When a regular employee is laid off, except that if the employee is re-employed and the employee’s service break is twelve (12) months or less, seniority will accrue uninterrupted from the original date of hire. If the employee’s service break is over twelve (12) months, a new service date is established for the purpose of determining seniority.

• When an employee resigns.

• When an employee is discharged for cause.

3.5 Job Descriptions

The parties agree that the job descriptions in place upon the effective date of this Agreement are the job descriptions for the classifications covered by this Agreement. Any changes to the job descriptions shall be bargained between the parties. The parties agree to review all existing Job Descriptions within ninety (90) days of the effective date of this agreement.

3.6 Reduction in Force and Layoff

The Employer shall give the Union no less than fourteen (14) calendar days’ notice of any contemplated reduction in force, in order to provide an opportunity for joint discussion of the reasons for the contemplated RIF and potential alternatives. Where possible the Employer shall strive to provide the Union with thirty (30) calendar days’ notice. All non-regular bargaining unit employees and temporary personnel who may be working in the affected classification shall be laid off before regular bargaining unit employees who normally perform work within that classification are laid off. No regular employee will be laid off if there is a contract employee doing bargaining unit work that the regular employee can perform.

If the Employer decides that sound management requires the reduction of the work force, employees will be laid off in reverse order of seniority.

Any employee who is subject to a reduction in force shall receive not less than two (2) weeks written notice of such action of the Employer, or, in lieu thereof, at the option of the Employer, two (2) weeks wages.

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Section J, Attachment 11

3.7 Recall Rights

When applicable, this section shall take precedence over the Vacancies section of this Agreement.

Any regular employee who is terminated from employment for other than cause (or resignation) will be given preference in the filling of any subsequent job vacancies with the Employer for a period of one (1) year, provided that the employee is qualified for a vacant position.

Recall shall be based upon seniority, and filling a vacancy for a temporary position shall not change or extend the length of time a laid off employee has recall rights under this Agreement. If an employee is found qualified for a position not previously held, the employee will be subject to the customary probationary period defined in this Agreement.

3.8 Pay on Termination

When an employee’s service with the Employer is involuntarily terminated, pay is due within three (3) working days after termination.

3.9 Statutory Employee Benefits

Upon application of an employee or authorized representative of the Union, the Employer will furnish evidence that it has complied with all statutory requirements with respect to worker’s compensation, unemployment compensation, old age and survivor’s insurance and any other statutory benefits to which employees of the Employer are entitled.

3.10 Misuse of the Employer’s Property and Time

Employees will not use the property or time of the Employer without proper authorization for personal or other non-work purposes, nor will such property be used in a careless, abusive, or illegal manner. Failure to perform work in a safe, efficient, diligent, or productive manner may result in appropriate discipline.

3.11 Discharge

Although the Employer retains the right to discipline an employee for just cause, it agrees that in the case of discharge, the designated Union Representative shall be noticed of the reason for the contemplated discharge prior to taking any action against the employee, unless exigent circumstances or unusual confidentiality requirements preclude such notice.

Any employee who is discharged will remain on the payroll until such time as the employee is given a written statement of the reasons for the employee’s termination. A copy of this written statement will be provided to the Business Representative via fax machine at the time the statement is provided to the employee. Either the Union or the discharged employee may take exception to such discharge under the grievance procedure, as set forth in this Agreement.

3.12 Progressive Discipline

No bargaining unit employee shall be disciplined or discharged except for just cause. The Employer will maintain a practice of progressive discipline. The Employer’s disciplinary

Section J, Attachment 11 process is meant to be corrective and not punitive; many incidents may not result in discipline, but may require only verbal advice, instruction, or counseling. The steps in the progressive discipline process are: verbal reprimand, written reprimand, suspension or discharge. Based on the seriousness of a particular offense or government requirements, including egregious first offences, discipline may be imposed at any reasonable level. The supervisor responsible for interviewing an employee reasonably suspected of misconduct should notify the employee that the employee may have a Union representative present at an investigatory meeting.

The Union and the Company agree that upon an Employee’s written request, a disciplinary notice of a verbal or written reprimand will be removed from the Employee’s personnel file after 18 months if there are no other similar occurrences. It is further agreed that a disciplinary notice of a suspension will be removed from the Employee’s personnel file after 36 months if there are no other similar occurrences

3.13 Employee Conduct

Proper employee conduct benefits all employees and the workplace, enhances the company’s business reputation and ensures its capacity to meet contract requirements.

Therefore the following are examples of misconduct/behavior that may warrant some level of discipline:

Excessive absenteeism or tardiness.

Failure to directly contact your immediate supervisor when you anticipate being absent.

Failure to keep accurate time records or other violation of time keeping procedures and policies.

Insubordination.

Below standard work quality or work production.

Failure to immediately report damage or defective work when discovered.

Abuse or misuse of GovernmenUCFsl property or the property of a co-worker or customer.

Failure to observe safety rules or use required safety equipment.

Failure to immediately report to your supervisor any accidents or injury sustained on the job.

The use of equipment or machinery without authorization and proper training.

Failure to conform to the requirements of CFSI’s policy on drugs and alcohol.

Unprofessional behavior towards shareholders, customers or other employees; this includes the use of foul language, vulgarity or profanity.

Theft, misappropriation, destruction or unauthorized removal of records, property or equipment.

Falsification of applications, time records or other CFSI records or documents.

Fighting, inflicting or threatening bodily harm to customers or other employees.

Unauthorized possession of a firearm, explosives, or other dangerous or lethal weapons on CFSI/Government property.

Unlawful harassment of a co-worker, shareholder or customer.

Dishonesty or misrepresentation of any kind in relations with the company.

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Section J, Attachment 11

Removal of any GovernmenVCFSl property or equipment from company premises is forbidden without permission from management.

Any misconduct while on or off duty, on island, which puts co-workers in fear of imminent physical harm or causes property damage.

Inappropriate interference and/or communication in the Company’s contractual relationship with the Government. This would not include statutory rights of an employee going to the Government for safety or other reasons.

Disclosure of any Company information of a confidential or proprietary nature without prior authorization.

A felony conviction which would preclude a person from receiving a National security check.

The above listed examples are not for the purpose of restricting the rights of employees but, rather, are designed to assist employees in defining and protecting the rights of all.

The examples listed are not intended to be all inclusive. In this regard, each employee should make common sense the guiding principle in his/her actions to avoid any conduct or inappropriate behavior which interferes with or detracts from the safe and orderly operation of CFSI.

ARTICLE 4

GRIEVANCE AND ARBITRATION PROCEDURE

4.1 Policy on Grievances

The parties recognize that the prompt and equitable settlement of employee grievances is essential to the maintenance of sound labor relations. The parties further recognize that such grievances are usually more satisfactorily and expeditiously settled at the lowest supervisory level at which an acceptable understanding can be reached. Every reasonable effort will be made by the shop steward, in cooperation with the Employer, to correct violations and infractions of this Agreement. The shop steward, upon notice to the shop steward’s immediate supervisor, shall be given a reasonable amount of time during working hours, without loss of pay, to handle issues pertaining to the administration of this Agreement.

4.2 Grievance

A grievance is hereby defined as an alleged violation of the terms of this Agreement.

4.3 Grievance Procedure

Step One: The employee and/or the Shop Steward shall discuss the grievance with the employee’s immediate supervisor. If resolution of the issue is not reached between the parties at Step One, the issue will proceed to Step Two.

Step Two: The Grievance shall be reduced to writing and shall include the following:

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Section J, Attachment 11

(a) The nature of the grievance and the circumstances out of which it arose, including the date of occurrence.

(b) The remedy or correction the Employer is requested to make.

(c) The section or sections of the Agreement relied upon or alleged to have been violated.

(d) The signature of the grievant and/or Shop Steward and/or designated Union Representative.

(e) The date the written grievance was prepared and the date the written grievance was received by the Employer. The written statement of the grievance shall be presented to the Employer within fifteen (15) working days of the occurrence.

(f) The Union and the Employer will have fourteen (14) calendar days to discuss the grievance, hold meetings, and try to come to a mutually agreeable settlement. Within seven (7) calendar days after the end of the specified fourteen (14) day period, Employer will provide Union with a written Step Two response stating its position on the grievance.

Step Three: If the grievance is not resolved at Step Two, the Union may submit the mailer to the Company’s corporate operations manager or subsidiary president within fourteen

(14) days from the date the Union receives the Employer’s Step Two response. The Union and the Employer will have seven (7) calendar days to discuss. Within five (5) calendar days after the end of the seven (7) day period, the Employer will provide the Union with a written Step Three response stating its position on the grievance.

Step Four: If the grievance is not resolved at Step Three, the Union may submit the matter to arbitration within fourteen (14) days after receiving the Company’s response.

4.4 Arbitration

The Union shall submit a request to the Seattle Office of the American Arbitration Association (AAA) for a panel of nine (9) potential arbitrators. A copy of the request shall be sent to the Employer After receipt of the panel from AAA, the parties shall select an arbitrator using the strike method. The order for striking shall be determined by the toss of the coin; the Union Representative shall toss the coin and the management representative shall call heads or tails. The arbitration hearing shall be conducted consistent with the rules established by AAA.

It is mutually understood and agreed that arbitration hearings will be conducted without unnecessary delay. Each party shall be given reasonable opportunity to be heard by its representatives, and to produce witnesses and documentary evidence and to cross examine. The Arbitrator’s authority shall be limited as follows except as provided otherwise in this Agreement:

Section J, Attachment 11

(a) The Arbitrator shall consider only the particular issue or issues presented by the Employer or the Union which have been processed through the grievance procedure.

(b) The Arbitrator shall have the power to interpret the terms of the Agreement, but the Arbitrator’s decision shall be based solely on the existing terms of the Agreement, and the Arbitrator shall not have the power to add to, subtract from or modify any of the terms of the Agreement.

(c) The Arbitrator shall have no power to establish wage rates, job classifications or fringe benefits of any kind.

Although no formal rules of evidence are contemplated by this Agreement, the Arbitrator shall determine the admissibility of evidence, admissibility being principally a matter of relevancy, materiality and the avoidance of undue repetition. Each of the parties hereto agrees to produce all books, records and documents or other materials, or certified copies thereof, which, in the opinion of the Arbitrator are relevant to the issues of the grievance.

The judgment of the Arbitrator shall be final and binding on the Employer and the Union.

The parties further agree that, from the time Employer first was notified of the grievance until it is settled, including the entry of the judgment of the Arbitrator when the grievance has been submitted to arbitration, the subject of the controversy will remain status quo as of the time the grievance was first noticed.

Failure of the Union to act within the time schedule set forth in this procedure without the express written agreement of the Employer will be considered as a default and the grievance shall be considered to have been settled in favor of the Employer. A failure by the Employer to respond to a grievance within the specific time shall permit the Union to advance the grievance to the next level.

Subject to a different agreement between the parties, the party losing the decision shall bear the total expense of the Arbitrator, however, each party will pay the wages, salaries, fees, and expenses of its witnesses. The Arbitrator, as part of the award, shall identify the losing party.

ARTICLE 5

WAGE RATES AND JOB CLASSIFICATIONS

rate for employees covered by this Agreement shall be as set forth in this

$39.01 $18.04 $21.80 $32.68

5.1 Wage Rates

The base hourly Section

Barrier Lead Billeting Billeting Lead Boiler Tender

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Section J, Attachment 11

Boiler Tender Leads $35.95 Buildings Grounds Lead $32.78 Carpenter $29.61 CookllLead $21.08 Culinary $18.04 DSCS Electronic Technician $33.62 DSCS Electronic Technician Lead $36.98 Electrician $35.47 Electrician High Voltage $35.82 Electrician Lead $39.40 Electronics Tech II $35.82 Engineering Technician Ill $29.74 Environmental Tech $23.64 Environmental Tech Lead $26.00 Fuel Lab Tech $26.61 Fuels Distribution Operator $24.75 Fuels Distribution System Mechanic $29.13 General Maintenance Worker $23.64 Heavy Equipment Mechanic $33.25 Heavy Equipment Mechanic Lead $36.57 Heavy Equipment Operator $33.25 ICC Tech $26.92 Laborer $17.34 Maintenance Machinist $29.20 Motor Equipment Metal Mechanic $27.79 Motor Vehicle Mechanic $27.79 Motor Vehicle Maintenance Helper $21.00 Painter $25.72 Personal Computer Support Technician $28.73 Plumber $35.82 Plumber Lead $39.40 Production Control Clerk $24.69 Production Control Lead $27.16 Production Control VM $24.53 Shipping & Receiving $19.33 Stationary Engineer $32.36 Stationary Lead $39.01 Supply Tech $26.45 Supply Tech Lead $29.09 Telecommunications Mech II $34.45 Water Plant Operator $30.93 Water Plant Operator Lead $34.02 Weather Observer Senior $34.72

General Wage Increase 10/1/14 10/1/15 10/1/16 5% 3% 3%

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5.2 Wage Differentials

Leads - Leads shall receive 10% above the underlying classification.

Barrier Response Team - An employee will receive $1.00 per hour when performing Barrier Response duties. Duties include maintenance, training, operations and related Barrier work.

ARTICLE 6

BENEFITS AND PENSION

6.1 Health & Welfare Benefits

The Employer will continue to provide/offer to members of the bargaining unit health insurance benefits and for life of this Agreement at the rate of $732 per month per employee. Such benefits will be provided/offered to members of the bargaining unit under the same terms and conditions as is offered and/or provided to other CFSI employees.

Residual funds available from each employees benefit shall be used to fund the $20.00 Money Purchase Pension Plan contribution. If premium increases exceed the company’s monthly benefit, the employees will pay the difference. The Union shall be notice at least thirty (30) calendar days in advance of any proposed changes to these benefits.

6.2 Alaska Electrical Trust Fund (AETF) Defined Benefit Plan

The Employer agrees to participate in, and contribute to, the AETF Defined Benefit Plan for the purpose of providing pension benefits for each employee covered by this Agreement. Effective October 1, 2014 the Employer will pay $4.00 per compensable hour to the AETF for each regular employee covered by this Agreement. All payments due under this Section will be made to the AETF, on or before the fifteenth (15th) day of the month following any month in which said compensable hours were earned by the employee. Eligibility for the Defined Benefit Plan contributions shall begin with the employees’ first hour worked.

6.3 Alaska Electrical Trust Fund (AETF) Money Purchase Plan

The Employer agrees to participate in, and contribute to, the AETF Money Purchase Pension Plan for the purpose of providing this benefit for each regular employee covered by this Agreement. The Employer will pay $20.00 per month for each regular employee covered by this Agreement. Residual funds available under paragraph 6.1, remaining after premium payments will be paid into the Money Purchase Plan. All payments due under this Section will be made to the AETF, on or before the fifteenth (15th) day of the month following any month in which the benefit provided under 6.1 is earned by the employee.

Eligibility for the Money Purchase Plan contribution shall begin on the month in which the employee was hired or the effective date of this Agreement, whichever is later.

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Section J, Attachment 11

ARTICLE 7

SAFETY

7.1 Safety

The Employer will administer its safety program, and make every reasonable effort to insure that safety rules are observed by all employees. In return, it shall be the responsibility of the employees covered by this Agreement to make every reasonable effort to ensure they act in a safe manner, observe all safety rules, and inform management of unsafe conditions. Any changes to the current safety manual must be mutually agreed to between the parties.

7.2 State Safety Code

The applicable electrical safety codes which have been adopted by the State of Alaska and any duly adopted amendments thereto or substitutions therefore, are hereby adopted by the parties as the minimum standards of safety to be met in the implementation of this Agreement and the assignment to and discharge of work by employees covered herein.

7.3 Emergency and First Aid Equipment

The Employer will furnish such safety devices and equipment as may be reasonably necessary to the safety of employees hereunder, and such first aid equipment and supplies as may be reasonably necessary for proper emergency treatment of such employees. All reasonably necessary protective equipment for employees working on energized facilities will be furnished and properly maintained by the Employer. Employees hereunder will use safety equipment on all appropriate occasions. The Employer agrees to update all safety equipment on a scheduled basis, set up a procedure for reporting safety issues and to take corrective action regarding deficiencies as expeditiously as possible.

7.4 Dangerous or Hazardous Work

In the interest of safety, no employee will be required to work directly on energized circuits of 480 volts or higher without a second person in the immediate proximity that is trained in emergency procedures pertaining to powerhouse operations who holds CPR and First Aid certifications.

7.5 Weather Conditions

Posted weather phase conditions requiring no outside travel (Phase 1) and no outside work (Phase 2) will be used to preclude outside work except in the event of an emergency, when involved employees believe they may safely perform such outside work, with the authorization of the Station Manager or designated agent. Under these two Phase conditions, the individual employee, himself shall be the judge as to whether or not extreme weather or abnormal conditions are suitable for the performance of dangerous or hazardous outdoor work. If an employee makes the determination that it is unsafe to continue working, he will contact the QC/Safety Manager.

Posted weather condition Phase 3, as well as Normal weather conditions may make certain outside working conditions unsafe. Such work that may be unsafe due to weather

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Section J, Attachment 11 conditions includes working aloft, whether on ladders, scaffolding, lift devices, or standing on top of buildings, piping, or machinery. Under these two conditions, the individual employee, himself shall be the judge as to whether or not extreme weather or abnormal conditions are suitable for the performance of dangerous or hazardous outdoor work. If an employee makes the determination that it is unsafe to continue working, he will contact the QC/Safety Manager.

7.6 Medical Examination

As a post-offer, pre-commencement of employment requirement, the Employer will require that an applicant for employment or reemployment submit to and satisfactorily pass a thorough standard medical examination consistently applied prior to entering upon duty in any classification covered by this Agreement. Such medical examinations will be conducted by a properly licensed medical doctor to be selected by the Employer. The Employer agrees to pay for the examination as well as the employee’s wages for the time required to take the examination.

7.7 Safety Clothing

All plastic hardhats, rubber gloves, liners, rubber boots, respirators and other necessary rubber or plastic equipment used for the protection of employees working on live equipment, chemicals or sand blasting equipment are to be furnished by the Employer and shall be used by the employees at all appropriate times. It shall be the duty of the employee to ensure that all protective devices are kept clean and in good condition. The Employer agrees to replace protective devices found to be in poor and/or unsafe condition.

Rubber gloves shall be subjected to regular testing as required by USAF standards, and shall be kept clean, and carried in a suitable bag provided for that purpose only. Hand lines and tackle shall be kept in good repair. The Employer will provide arc flash/arc blast personal protective equipment as required by law or Air Force regulation.

7.8 Safety Industrial Prescription Glasses

Personnel shall wear industrial prescription safety glasses when warranted by working conditions. The Employer agrees to pay for or provide the basic safety frame and tinted or untinted lenses. For those employees who wear prescription eyewear and are required to be fit tested for full face respirators, the Employer will provide respirators with a view screen which complies with the employee’s optical prescription.

7.9 Safety Meetings

Safety meetings will be held once a week, unless mutually agreed that less frequent meetings are necessary. The responsibility of conducting the safety meeting shall be that of the Powerhouse Safety Committee (PSC) composed of one (1) representative from the employees and one (1) representative from the Employer. Each party will be responsible for selection of its own Safety Committee Representative. The members of the PSC shall be responsible for submission of powerhouse safety issues being placed on the Company wide Safety Committee agenda.

7.10 Red Tagging

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Section J, Attachment 11

Any employee may red tag a malfunctioned piece of equipment and identify it to management.

7.11 First Aid and CPR Training

Employees will be required to receive First Aid and CPR Training from an approved facility.

Certificates of training for each category will be kept current. Costs of training and any associated travel will be paid for by the Employer.

ARTICLE 8

JOB VACANCIES

8.1 Internal Job Bids

Job Posting: Any regular position covered by this Agreement which has been vacated or any position that has been created, shall be posted on the Union Bulletin Board for ten (10) calendar days so that bargaining unit members have first opportunity to bid on any vacancy or newly created position. At the time of posting, a copy shall be provided to the Shop Steward, or, in the absence of the Steward, the IBEW Business Representative. The job posting shall state details and qualifications pursuant to the agreed upon job descriptions.

8.1.2 Job Bidding

Any individual covered by this Agreement may, within the posting period, present in writing a request to bid (or verbally, if out of town) to the Site Manager or other designated management representative. Such request to bid will include all data required by the posting.

8.1.3 Job Award

Within ten (10) calendar days after the closing date of the bids, the bidders from within the bargaining unit will be considered and the job awarded. In the event there are no successful bidders from within the unit, the provisions of Hiring Hall below shall be utilized. The Employer will consider the following factors equally in consideration for award of positions: ability, knowledge, skills and experience, these qualifications being equal, seniority shall prevail.

8.1.4 Posting of Job Award

The name of the successful applicant shall be posted on the Union Bulletin Board within three (3) calendar days from the date of the job award.

8.2 Hiring Hall

In the event vacancies or newly created positions are not filled via the recall, or internal bidding processes the following shall apply:

The Employer shall notify the Union of vacancies simultaneous to the internal bidding process. The Union shall refer applicants for such vacancies. The Employer shall have the right to reject any job applicant referred by the Union. If Employer rejects an applicant, Page 19of36

Section J, Attachment 11 it shall immediately notify the Union in writing by noting same on the introductory form presented by the applicant of the reason for such rejection.

If the Union does not refer qualified job applicants, within two (2) working days after receipt of notice, the Employer shall be free to recruit employees from other sources including other CFSI employees and/or Job Service.

The parties recognize that the Employer is an equal opportunity Employer and as such will not discriminate against any person or persons on the grounds of race, religion, color, sex, age or national origin with respect to recruitment, hire, promotion, demotion, termination, layoff, transfer, compensation, selection for training, or otherwise, so as to deny such person or persons equal employment opportunities. The Union agrees that the Employer, as an Alaska Native Corporation may exercise preference in hiring with regard to its shareholder and descendants of shareholders.

ARTICLE 9

FMLA AND OTHER ABSENCES

9.1 Holidays

All employees performing work under the terms of this Agreement shall receive holiday pay for the following holidays:

New Year’s Day Labor Day Martin Luther King, Jr. Birthday Columbus Day Washington’s Birthday Veteran’s Day Good Friday Thanksgiving Day Memorial Day Christmas Day Independence Day

In the event the Service Contract Act adds any holidays in the future, such holidays shall be incorporated herein and bargaining unit employees shall be eligible for such holidays.

9.1.1 Work Performed on Designated Holidays

Regular full4ime employees will receive eight (8) hours of…