Attachment_12_KS_CBA_2016-0184.pdf

Section J, Attachment 13

FA5215-17-R-9002

AGREEMENT

By and Between

CHUGACH FEDERAL SOLUTIONS, INC.

AIR FORCE STATION

KING SALMON, ALASKA

and

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

LOCAL 959

October 1, 2016 - September 30, 2020

Section J, Attachment 13

CHUGACH FEDERAL SOLUTIONS, INC.

KING SALMON AIR FORCE STATION

TABLE OF CONTENTS

ARTICLE 1 ADMINISTRATION OF AGREEMENT

1.01 Agreement

1.02 Purpose

1.03 Recognition of Bargaining Unit

1.04 Union Shop

1.05 Management Rights

1.06 Work Covered ................................................................................................. 2 .

1.07 Subcontracting

1.08 . Working Assignments

1.09 Determination of Work Shifts

1.10 Recognition of Union Shop Stewards

1.11 Duties of Union Stewards and Representatives

1.12 Access to Company Property and Records ..................................................... 5 ·

1.13 Introduction of New Employees

1.14 Hiring Procedure .................................................................. :

1.15 Dues Checkoff

1.16 Provisions Against Discrimination

1.17 Complaints

1.18 Definition and Presentation of Grievances

1.19 Time for Presentation of Grievances

1.20 Arbitration

1.21 Drug-Free Workplace

1.22 Discipline and Discharge

1.23 Vacancies

1.24 Temporary Vacancies

ARTICLE 2 SENIORITY

2.01 Seniority Policy .............................................................................................. 1 O

2.02 How Seniority is Acquired

2.03 Continuous Service Credit

2.04 Continuity of Service

2.05 Seniority for Employees on Long-Term, Temporary Active Military Duty

2.06 Probationary Employees

2.07 Seniority Lists

2.08 Layoffs

2.09 Recall

2.10 Seniority for Other Purposes

2.11 Base Closure

2.12 Eligibility in the Event of a Base Closure of Layoffs

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TABLE OF CONTENTS (CONT'D)

ARTICLE 3 GENERAL WAGE AND LEAVE PROVISIONS

3.01 Wage Rates

3.02 Wage Administration

3.03 Premiums

3.04 Overtime

3.05 Pyramiding of Overtime

3.06 Call-In Pay

3.07 Holidays and Holiday Pay

3.08 Vacation Policy

3.09 Vacation Eligibility

3.10 Advance Vacation

3.11 Personal/Sick/Emergency Leave

3.12 Absence for Death in Immediate Family

3.13 Absence and Payment for Jury Duty

3.14 Absence and Payment for Military Service and Non-War Military Duty

3.15 Application for Leaves of Absence

3.16 Other Approved Absence

3.17 Morale Flights

3.18 Family Medical Leave

3.19 Union Leave

3.20 Medical Service and Evacuation Transportation

ARTICLE 4 GENERAL PROVISIONS

4.01 Tools and Equipment

4.02 Safety

4.03 Union Bulletin Boards

4.04 Notices

4.05 Health and Welfare Plan

4.06 Supplemental Income Trust Fund

4.07 Alaska Teamster-Employer Pension Trust

4.08 Alaska Teamster-Employer Service Training Trust

4.09 Security Clearance

4.10 Effect of Law

4.11 Successors and Assigns

4.12 Mutual Agreements

4.13 No Strikes/No Lockouts

4.14 Definitions

4.15 Call-In Procedure

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TABLE OF CONTENTS (CONT'D)

4.16 Access to Base Facilities

4.17 Davis-Bacon

4.18 Workplace Behavior

4.19 Term and Notice of Change or Termination

SCHEDULE "A", HOURLY WAGE RA TES

DRUG AND ALCOHOL POLICY

APPENDIX A

APPENDIX B ................................................................................................................. 4 7

APPENDIX C

LETTER OF AGREEMENT #1

LETTER OF AGREEMENT #2

LETTER OF AGREEMENT #3

LETTER OF AGREEMENT #4

LETTER OF AGREEMENT #5

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Section J, Attachment 13

ARTICLE 1

ADMINISTRATION OF AGREEMENT

1.01 Agreement. This Agreement is made this 1st day of October 2016, by and between Chugach Federal Solutions, Inc., (hereinafter called the Company), and the International Brotherhood of Teamsters, Local 959, (hereinafter called the Union).

1.02 Purpose. The Union, representing employees of the Company, and the Company desire to establish and maintain, through harmonious cooperation, a standard of conditions and procedures to provide for orderly collective bargaining relations; prompt and equitable disposition of grievances; and fair wages, hours, and working conditions for the employees covered by this Agreement. To further these purposes, representatives of the Company or the Union may request a conference at any time to discuss any general condition that may exist at the Air Force Station, King Salmon, Alaska.

The Company and the Union agree that this Agreement is legal and binding on both parties. The parties further agree they will actively dissuade excessive absenteeism, harassment of any form, and other practices which may hamper the Company's operation, and the employees will support the Company and Union's desire to eliminate waste and inefficiency, to improve the quality of work, and to promote harmonious relations between the Company, the Union, and the employees. The parties agree to make every effort to see that bargaining unit employees working under this Agreement obey all rules, instructions, and regulations prescribed by the Company that are not inconsistent with the terms of this Agreement.

1.03 Recognition of Bargaining Unit. The Company recognizes the Union as the sole and exclusive bargaining representative as certified by the National Labor Relations Board for the purpose of collective bargaining with respect to rates of pay, wages, benefits, working conditions, safety, hours of work, and other conditions of employment for all employees in occupational classifications set forth in Schedule A of this Agreement, at the Air Force Station, King Salmon, Alaska; but EXCLUDING all professional employees, confidential employees, supervisors, and guards as defined in the Act.

1.04 Union Shop. It will be a condition of employment that all regular employees of the Company covered by this Agreement, who are members of the Union in good standing on the effective or execution date of this Agreement, whichever is later, will remain members in good standing, and those who are not members on the effective or execution date of this Agreement, whichever is later, will on the thirty-first (31st) day following the effective or execution date of this Agreement, whichever is later, become and remain members in good standing in the Union. It will also be a condition of employment that all employees covered by this Agreement and hired on or after its effective or execution date, whichever is later, shall, on the thirty-first (31st) day following the beginning of such employment, become and remain members in good standing in the Union.

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a. The Union agrees that neither the Union nor its members shall conduct on Company time, any Union activity other than the legitimate conduct of Union business in the administration of this Agreement, in the manner and to the extent provided by the terms of this Agreement.

1.05 Management Rights. The Union recognizes the exclusive right and responsibility of the Company to manage its operation and direct its workforce. All rights of the Company, which have not been specifically abridged nor modified by this Agreement, are retained by the Company including, but not limited to, the right to make and modify reasonable work rules and regulations. These modifications must be reviewed and discussed with the Union prior to implementation.

1.06 Work Covered. The work covered by this Agreement is work within the scope of the Company's contract with and as directed by the U.S. Air Force with respect to the Air Force Station at King Salmon, Alaska, and will consist of the construction, operation, maintenance, installation and repair of buildings, structures, road, grounds, utilities, Petroleum Oil and Lubricants (POL) Operations, and related support functions. Such work will be performed by employees covered by this Agreement who are regularly employed and assigned to the Air Force Station, King Salmon, Alaska, and other federal facilities as directed.

1.07 Subcontracting. The Company reserves the right to assign or subcontract work to independent contractors. However, the parties agree that no contracting shall be accomplished in such a manner that leads to the layoff of employees covered by this Agreement.

When the Company makes a business decision that will result in any subcontracting that reduces the current workforce, the subcontractor will be required, as part of the subcontracting agreement, to offer employment to the current employee(s) and the wages and benefits of this Labor Agreement will be followed. The subcontractor, regardless of the number of employees who are subcontracted, will adhere to the successorship language of the Service Contract Act. The subcontractor will become a party and signatory to this Agreement in the same manner as the Company via Amendment adding the subcontractor to Article 1, Section 1.01. Should the subcontractors agreement terminate with the Company for any reason, the subcontracted employees shall be placed back on the Company seniority list with credit given for prior years' service with the subcontractor and the Company.

1.08 Working Assignments. Employees outside of the bargaining unit, including supervisors, will not perform the regular and exclusive work of the bargaining unit, except when a bargaining unit employee cannot be timely located and emergency action is required. Emergency action for this Section means response within contractual time limits. This clause will not be used for the purpose of avoiding overtime payment.

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Each employee will be assigned to a specific classification on the first (1st) day of employment at the Air Force Station, King Salmon, Alaska. In addition, employees will be provided a copy of the occupational title and description (as identified in the Service Contract Act Directory of Occupations or the Davis-Bacon Act), by the Company, which will include other job-related duties as assigned. This document will function as the employee's job description. No changes or modifications will be made to a job description, unless agreed upon by the Union. It is understood that the parties will work together to update job descriptions if contract requirements change.

When any change or reconfiguration of Company equipment occurs, the Company will discuss the effects of such change or reconfiguration with the Union prior to its implementation.

The Company supervisors will be permitted to perform any work necessary for the operation of Company business. It is likewise understood that the above provision is not intended to justify supervisory displacement of unit employees from the performance of their ordinary work under normal circumstances, but is similarly not intended to restrict supervisors from performing the duties and functions of their jobs as presently constituted.

a. Training. The Company will train its employees as necessary in the operation of any new equipment, and will provide its employees with the training needed to maintain or acquire certifications that are needed in the affected classifications. The cost for acquiring and maintaining additional certifications, other than those required for a classification change or at the time of hire, will be defrayed pursuant to the Company's Training Reimbursement Policy. All applicants for employment will be required to possess the necessary certifications and licenses required for the occupation they are applying for, unless such certification or licenses are obtainable only through employment at the Air Force Station, King Salmon, Alaska.

b. The Alaska Teamster-Employer Service Training Trust offers training that may be applicable to the bargaining unit employees' training needs. Employees will be expected to receive their training through the Alaska Teamster-Employer Service Training Trust, when possible, and the Alaska Teamster-Employer Service Training Trust will offer training to the Company's bargaining unit employees before non-participating labor agreement Union members. A typical, but not all inclusive, list of training offered through the Alaska Teamster-Employer Service Training Trust includes hazwoper, first aid, CPR, and forklift training.

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1.09 Determination of Work Shifts. The determination of the starting and ending time of daily and weekly work shifts for individual employees, including extended workweeks on a continuing basis, will be made by the Company. Such schedules for regular shifts may be changed by the Company from time to time. However, the Company will notify the employee of any contemplated "permanent, regular shift change" in writing at least seven (7) days prior to the same. If the employee is not given at least seven (7) days' notice of permanent, regular shift change, the employee will be paid at the rate of time and one-half (1-1/2) for all hours worked up to the seven (7) days' notice for that shift change. Nothing herein precludes temporary changes of work shifts in order to comply with contractual requirements. This provision will not be used to avoid paying overtime for shift coverage.

1.1 O Recognition of Union Shop Stewards. The number of shop stewards to be recognized by the Company will be one (1) shop steward. If the employee pool expands to more than twenty-five (25) employees, the number of shop stewards will be two (2) plus one (1) alternate. The shop stewards will be employees of the Company and will be selected by the Union. The Union will consult with the Company prior to appointing a shop steward. One (1) shop steward will be involved in processing Union business.

1.11 Duties of Union Shop Stewards and Representatives. The duties and activities of the shop steward (except when otherwise specifically agreed between the parties), while acting as such in the jurisdiction which the shop steward represents or as directed by the business representative, will be limited to the handling, investigation, and settlement of grievances and complaints, and potential grievances and complaints in accordance with the grievance procedure. Except when they are engaged in their duties as assigned in this Section, all Union representatives will continue at their regular work in the same manner as other workers. When a Union representative is required to leave regular duties as a worker for the aforementioned shop steward duties, the Union representative will give prior notification to the appropriate supervisor. If necessary, a Union representative will remain working until a reasonable time is afforded to provide a substitute in the Union representative's place. (A two [2] hour maximum will apply, unless critical mission requirements necessitate the continued presence of the Union representative on his or her job; in such cases, the Union representative will remain on the job until released by the appropriate supervisor. The appropriate supervisor will make every effort to release the Union representative as soon as possible). Time spent performing such duties, will be appropriately annotated on the employee's weekly time report and paid for by the Company at the applicable rate. There shall be a shop steward present whenever the Company meets with an employee concerning grievances or discipline or investigatory interviews. The designated shop stewards will be provided with copies of all warning, suspension, and discipline letters. Shop stewards shall not be subject to discipline for performing any of the duties within the scope of their authority as defined in this Section. Time spent handling Union business shall be normally limited to two (2) hours per week; such amount to be extended as necessary through communication between the Union business representative and the project manager.

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1.12 Access to Company Property and Records. The business representative of the Union may visit the Air Force Station at King Salmon, Alaska, at any time. The Union · understands and agrees that when it is necessary for the business representative to visit the Station to confer with Union members, when working, on matters concerning the relationships existing between the Company and the Union as defined in this Agreement, the request for each visit will be coordinated in advance with the Company Site Manager or Company Project Manager. Such visits will be conducted with sensitivity to mission/project activities. The Union Representative will submit a 'Site Arrival Notice' to the Air Force no later than five (5) calendar days prior to arrival at the King Salmon Station as required by the Service Contract.

The Company will provide to the Union a monthly personnel roster to include an employee's name, social security number, date of hire, continuous service credit date, classification, and date of assignment to their current classification.

The Company will make available to the business representative, or the business representative's designee, such employee records and copies which may be necessary in the proper investigation of a grievance or complaint as may be reasonable and lawful to provide. If a question arises as to whether a document is confidential, the employee's written approval will be obtained before the document is provided.

It is recognized that the Contractor obtains access to the site for visitors through the Air Force in accordance with Air Force Regulations. Therefore, whenever possible, the Union will provide the Company with forty-eight (48) hours' advance notice of any Union business representative's intent to visit the site.

1.13 Introduction of New Employees. The Company will notify a shop steward, in writing, of any new employees as they join the workforce, but in no event later than two (2) working days after the employee reports to the supervisor for assignment. By the third (3rd) day of employment, a shop steward will have been given the opportunity to conduct a fifteen (15) minute Union orientation with a new employee.

1.14 Hiring Procedure. The Company agrees to notify the Union of requirements for all applicants for employment in the positions covered by this Agreement. The Company will exercise its management right to select those individuals who, in the sole opinion of the Company, are the most capable and qualified to fill all existing vacancies. This determination will be based, in part, on the applicant receiving a favorable background check and a negative drug screen.

The Union may refer applicants for interviews and evaluations. Such referral by the Union will be on a non-discriminatory basis and will not be based on, nor in any way affected by, Union membership, bylaws, rules, regulations, constitutional provisions, or any other aspects or obligations of Union membership policy or requirements. The Union agrees that it will not discriminate against non-Union workers in referring applicants to the Company, and the Company agrees that it will not discriminate against Union members in selecting applicants referred by the Union.

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Section J, Attachment 13

The Union recognizes that an Alaska Native Corporation owns the Company and the Company has a legitimate interest in advancing shareholder employment opportunities.

As a result, shareholders, as determined by the Alaska Native Claims Settlement Act, may be given preference in hiring; provided, they become members of the Union and meet the minimum requirements of the position. Such shareholders must be processed through the Union's hiring hall.

The parties agree that local residents in the King Salmon area will be given preference in hiring before filling positions on a statewide basis.

If the Union has not referred qualified applicants for skilled (craftsman level) positions for employment within three (3) days (exclusive of Saturdays, Sundays and holidays) after notification of any opening, the Company will utilize such other methods of employment as are at its disposal. For all positions the Company will give the Union simultaneous notice. The Union will maintain a list of applicants for those positions to fill openings as they occur. The Company shall, without undue delay, notify the Union in writing of any employees so hired.

1.15 Dues Checkoff. It shall be a condition of employment that all regular employees become and remain members in good standing with the Union, or pay an agency fee to the Union, not to exceed the amounts required for initiation and Union dues. This requirement shall become effective by the thirty-first (31st) day following their first day of employment, or the thirty-first (31st) day following the execution of this Agreement, whichever occurs later. The Company, upon fourteen (14) calendar days' written notification from the Union, will terminate the employment of an employee not in good standing. Nothing will prohibit an employee from becoming a member in good standing up to the day of termination. The Union shall indemnify, defend, and save the Company harmless from any liability arising out of this Union security agreement.

It shall be a condition of employment that all bargaining unit employees become and remain members in good standing with the Union, or pay an agency fee to the Union.

Becoming a mernber in good standing requires a bargaining unit employee to pay to the Union an initiation fee, regular monthly dues, and supplemental dues. The agency fee shall not exceed the amounts required for initiation, regular monthly dues and supplemental Union dues. This requirement to become a member in good standing, or to pay and to remain current on the agency fees, shall become effective on the thirty-first (31st) day following the bargaining unit employee's first (1st) day of employment, or the thirty-first (31st) day following the execution of this Agreement, whichever occurs later.

The Employer shall, fourteen (14) calendar days after receiving written notice from the Union, terminate the employment of any bargaining unit employee(s) not in good standing. A bargaining unit employee may become a member in good standing, or become current on agency fees, thus avoiding termination from employment, up to the day of termination. The Union shall indemnify, defend, and hold harmless the Employer from any liability arising out of this Union security clause.

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Section J, Attachment 13

KIN.G SALMON AIR FORCE STATION

1.16 Provisions Against Discrimination. The Company and the Union agree that there will be no discrimination by the Company or the Union against employees because of race, color, creed, religion, national origin, sex, age, union affiliation, disabled veterans, veterans of the Vietnam era, or marital status, or because of a physical or mental handicap. It is understood wherever in this Agreement employees or jobs are referred to in the male gender, it will be recognized as referring to both male and female employees.

1.17 Complaints. Employee complaints may be resolved between the employee and the site manager, or designee; provided, the resolution of the complaint does not violate the terms and conditions of this Agreement and, provided further, that a shop steward has been given the opportunity to be present at such meeting where resolutions are agreed to.

1.18 Definition and Presentation of Grievances. Grievance will mean, and be limited to, disputes or differences between the Company and the Union, or employees so represented, with respect to the interpretation or application of any specific provision of this Agreement. When any employee covered by this Agreement feels a violation has occurred, the employee and/or the shop steward shall discuss the issue with the employee's site manager or designee within five (5) working days after the occurrence of the alleged violation. The employee and/or the shop steward shall state the section alleged to have been violated and provide a description of the violation and a remedy. If the issue is not resolved within five (5) working days, the issue will be submitted in writing as a formal grievance. Failure to submit the grievance within five (5) working days shall render the issue null and void.

Step 1. A Step 1 meeting shall be held between the site manager, or designee, and the Union business representative or designee within five (5) working days of receipt of the grievance. The Company shall make its reply, in writing, no later than five (5) working days following the meeting, excluding weekends and holidays. If the reply is unsatisfactory, the grievance may be appealed to Step 2; provided, such appeal is submitted in writing within ten (10) working days following the Company's reply.

Step 2. A Step 2 meeting to resolve the grievance shall be held between the Union business representative and the operations manager within ten (10) working days following the Step 2 appeal. The Company will provide a Step 2 response within ten (10) working days following the meeting. If the parties fail to satisfactorily resolve the grievance, the parties agree to submit the matter to arbitration. The arbitration notice must be given within ten (10) working days following the written reply of the Step 2 meeting. Time frames within the grievance step procedure can be extended through mutual agreement between the Company and Union.

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Section J, Attachment 13

1.19 Time for Presentation of Grievances. Failure of the Union to act within the time schedule set forth in this procedure without the written agreement of the Company will be considered to have been settled in favor of the Company. A failure by the Company to respond to a grievance within the specified time shall permit the Union to advance the grievance to the next step. This action will not set precedence for future grievances; only the grievance involved.

1.20 Arbitration. Any grievance not satisfactorily disposed of in accordance with the steps of the grievance procedure outlined above, may be submitted to arbitration within ten (10) working days of receiving the Company's Step 2 response by either the Uni.on or the Company. The arbitrator selection process will commence within twenty (20) working days following the arbitrator's notice; however, this time may be extended by mutual agreement of the parties.

a. The Company and the Union shall first seek to select an arbitrator by mutual agreement. If the parties are unable to agree, an arbitrator shall be selected pursuant to the Voluntary Labor Arbitration Rules of the American Arbitration Association or the Federal Mediation and Conciliation Service. Unless otherwise agreed, all arbitrations shall be processed and conducted in accordance with such Voluntary Labor Arbitration Rules.

b. The parties agree that the decision or award of the arbitrator will be final and binding on each of the parties and they will abide thereby, subject to such laws, rules, and regulations as may be applicable. The authority of the arbitrator will be limited to determining questions directly involving the interpretation or application of specific provisions of this Agreement, and no other matter will be subject to arbitration hereunder.

The arbitrator will have no authority to add to, subtract from, or to change any of the terms of this Agreement, to change an existing wage rate or to establish a new wage rate. In no event will the same question or issue be the subject of arbitration more than once. Each party will bear the expense of preparing its own case. The cost of the arbitrator's services and any other expenses incidental to the arbitration, mutually agreed to in advance, will be borne by the losing party. The arbitrator shall have the authority to determine who the losing party is and assign the payment of fees, including a split in fees where the winner or loser of the arbitration is in question. All grievances taken to arbitration must be concluded within six (6) months of being filed, unless extended by the Union and the Company.

1.21 Drug-Free Workplace. The Company and the Union agree with and support a drug-free workplace. The Company has an obligation to its employees, customers, and the public at large, to reasonably ensure safety in the workplace. Consequently, the following are strictly prohibited: Manufacture, use, possession, sale, purchase, transfer, or being under the influence of alcoholic beverages, illegal drugs, or other intoxicants at any time on Company premises. Designated Company-sponsored events approved by the Company, and the personal dormitory rooms of the employees, will be exempt from the alcohol and possession prohibition. Employees consuming alcohol during Company-sponsored events must practice moderate consumption.

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In accordance with the Drug Free Workplace Act of 1998, any employee who receives a criminal conviction for a drug violation occurring in the workplace, must notify the Company within five (5) days of the conviction. When the Company receives such notification, appropriate action will be taken. The employee may be required to participate satisfactorily in a rehabilitation program approved by a federal, state, or local health, law enforcement, or other appropriate agency. The Company will also notify the government contracting agency within ten (10) days after receiving notice of such employee convictions.

1.22 Discipline and Discharge. It is understood herein that the Company has the right to discipline or discharge an employee for just cause. Such action will be taken within twenty (20) calendar days after the Company investigates and establishes sufficient evidence to warrant just cause and disciplinary action.

With the exception of serious offenses, the Company will apply corrective discipline in progressive steps. The progression of disciplinary action is as follows: 1) verbal warning,

2) one (1) written notice, 3) suspension, not to exceed three (3) days and 4) termination.

However, the Company reserves the right to bypass any step in this procedure and take disciplinary action, including terminating an employee without prior warning or notice where misconduct warrants immediate response. The Union reserves the right to contest the level of discipline imposed by the Company.

A written notice will be furnished to the Union and the employee for all written warnings, suspensions, or discharges. The written notice will be furnished to the employee and provided to the Union Steward at the time of the discipline with an email to the Business Representative within a reasonable time thereafter.

If an employee feels that the discharge was unjust, the Union may file a grievance at Step 2 of the procedure within five (5) working days following the Union's receipt of the employee's discharge. Failure to file within five (5) working days bars any further grievance action.

Management will confer with the Union representative regarding the issues to be discussed prior to any disciplinary meeting.

The provisions of this Article do not apply to an employee still in the probationary period.

The Company will consider reprimands or disciplinary action against an employee, except terminable offenses, as cleared from the employee's record after an eighteen (18) month period from the date of issuance; provided, there have been no infractions of the same policy (e.g., safety, attendance, etc.) during that period.

1.23 Vacancies. Before new employees are hired to fill new or vacated positions, the Company will transfer or promote from within; provided, that an employee must have the necessary technical skills and abilities to perform the work. These abilities include safety practices and interpersonal relationships. Failure to possess these abilities must be documented in their employment record.

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The Company will notify a Union shop steward of all new or existent vacated positions to be filled, a minimum of seventy-two (72) hours (excluding Saturday, Sunday and holidays) prior to filling the vacated positions. The Company notice of this vacancy or new position will be posted on the Union bulletin board by the shop steward. Any employee desiring to apply for the new or vacated position will do so by notification in writing to the Administrative Assistant's office. Should a vacancy be filled and then vacated, or a similar position becomes vacated within a two (2) week period, the Company may waive the three (3) day posting period, provided they: 1) select an employee from the original bidders, and 2) refer to Article 1, Section 1.14, Hiring Procedure. All vacancies will be filled on the basis of ability, experience, training, work record and ability to perform job functions. Where those factors are substantially equal for qualified bidders, seniority will be given priority consideration. All transfers or promotions will become effective the day the transferred or promoted employee starts work in the new position. Nothing herein will abridge an employee's right to accept a promotion.

1.24 Temporary Vacancies.

a. The Company at its option may leave any position vacant for any length of time. A permanent vacancy may be temporarily filled by the Company without regard to seniority or classification pending the outcome of the recall and internal bidding procedures. Such assignment, of a permanent employee to a temporary vacancy, will be of no more than a two (2) week duration, except that individual may remain on that assignment until the hiring process is complete, unless mutually agreed to by the Union and the Company.

b. A temporary vacancy, due to a special project, vacation, illness, family medical leave, etc., which must be filled due to contract work load, will be posted in accordance with Article 1, Section 1.23, Vacancies. In the event of no internal bidders, the vacancy will be filled through the hiring hall procedure.

ARTICLE 2

SENIORITY

2.01 Seniority Policy. The Company and the Union accept the principle of employee seniority commencing with the first date of the employee's unbroken, continuous service at the Air Force Station, King Salmon, Alaska. The first contractual date of employment was October 1, 1994. The principles are based upon the job classifications as set forth in this Agreement. Prospective candidates for any open position must possess minimum qualifications for the position before being considered.

2.02 How Seniority is Acquired. Each employee will have Company seniority as established in Article 2, Section 2.01. Each employee will have seniority in the classification to which the employee is assigned. The starting date for the employee's seniority will be the first day of work at the Air Force Station, King Salmon, Alaska, within that classification. Seniority in a new classification will commence when assigned to the new classification.

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When two (2) or more employees otherwise would have identical seniority, rank will be determined by the earliest Union dispatch sequence number; the lower number being the most senior.

2.03 Continuous Service Credit. The principle of continuity of service is recognized for the purpose of seniority in accordance with and subject to the provisions of this Agreement. For purposes of the Agreement, each employee will have continuous service credit from the first (1st) date of the employee's unbroken service at the Air Force Station, King Salmon, Alaska.

2.04 Continuity of Service. The continuous service credit and seniority of an employee will be broken under the following conditions, and when so broken, the employee will be, for all purposes, considered a new employee if and when rehired:

a. Resignation or voluntary termination of employment.

b. Discharge for cause.

c. Unauthorized absence after the time limit of an authorized vacation or an approved absence, unless satisfactory evidence of inability to report for work is shown.

d. Layoff without recall to work within one (1) year from the date of such layoff.

e. Failure to report to work in accordance with Article 2, Section 2.09, Recall.

f. Failure to report to work on or before the first (1st) workday of termination of an approved leave of absence.

g. Illness or injury leave for more than one (1) year.

h. Permanent transfer to non-bargaining unit work for more than ninety (90) days.

2.05 Seniority for Employees on Long-Term, Temporary Active Military Duty.

Employees called to active military duty will receive credit for seniority during such absence, but will not receive benefits, including vacation accrual, during such time.

2.06 Probationary Employees. New employees on the project will be considered on probation and not entitled to seniority until they have completed sixty (60) calendar days' of continuous service at the Air Force Station, King Salmon, Alaska, for the Company.

This period can be extended thirty (30) days by mutual agreement with the Company and the Union. Once an employee successfully passes his or her probationary period, the employee will not be subjected to another probationary period. Upon completion of said period of employment, the employee will be considered a regular employee; and the employee's seniority will date from the start of the probationary period. There will be no requirement that the Company reinstate or rehire probationary employees if they are discharged during the probationary period. Such discharges will not be subject to the grievance process.

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Section J, Attachment 13

2.07 Seniority Lists. Semi-annually, and when additions or deletions occur, the Company will supply the Union with a seniority list of employees covered by this Agreement. Any employee may contest the accuracy of their seniority status, in writing;

and if an error is established, correction will be made. After thirty (30) days from when supplied by the Company and posted on the Union bulletin board, the seniority status of all employees shown on the list as corrected, will be incontestable.

2.08 Layoffs. When the Company determines it necessary to layoff an employee in a given classification, the following procedure will be followed in layoffs:

a.

laid off.

The employee having the least classification seniority will be the first (1st)

b. Such employee may then displace an employee with the least bargaining unit seniority in any position; provided, the employee has more bargaining unit seniority than the displaced employee and meets the minimum requirements for that position, or has worked in that position before while performing the majority of the duties ..

c. An employee who exercises their bumping rights must notify the Company in writing of their intention to exercise bumping rights within two (2) working days of the Company's layoff notice to the affected employee. An employee so displaced may similarly exercise seniority rights of displacing another employee in accordance with the same criteria.

d. If the employee is unable to displace any employee as provided above, the employee will be removed from the payroll and placed on layoff. In all cases of layoff, the Company will give no less than two (2) weeks' notice of the contemplated layoff to the employee affected, or at the Company's option the employee may be paid up to two (2) weeks' pay in lieu of notice.

e. If the displaced employee is unavailable due to vacation, extended leave, etc., at the time the employee is displaced, the employee will, on their return, have up to forty-eight (48) hours on an unpaid temporary layoff basis to elect to exercise bumping rights or accept the layoff.

2.09 Recall. Laid off employees shall have recall rights for a period of twelve (12) months following their layoff. Before hiring a new regular full-time or part-time employee in a classification in which an employee has been laid off within the last twelve (12) months, the Company will notify the laid off employee of their recall. Laid off employees shall be recalled based on inverse seniority order.

It is the responsibility of the laid off employee to keep the Company notified of their availability for recall and whereabouts. Notice of recall by the Company shall first be made by telephone to the employee's last known phone number on record. If the Company cannot reach the employee by phone, notice of recall will be by certified or registered mail. If no response is received by the Company within seven (7) days of the date of receipt of the certified or registered letter, seniority will be broken and recall rights forfeited by the employee.

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Section J, Attachment 13

2.10 Seniority for Other Purposes. For other purposes, when there is a matter of employee choice, (e.g., holiday, vacation choice), the senior person will have first (1st) option. This option is available if identified on their semi-annual vacation/holiday bid sheet. This bid sheet will be completed at least ninety (90) days in advance of the six (6) month period. All other requests will be on a first come, first serve basis.

2.11 Base Closure. In the event of base closure or personnel reductions, the Company will pay five hundred ($500.00) dollars on a one (1) time basis to affected employees for the purpose of shipping their personal belongings to their desired locations.

2.12 Eligibility in the event of a base closure or layoffs. Regular King Salmon employees will be eligible for severance pay in accordance with the following table:

Continuous Service Credit

More than 1 year, but less than 2 years 2 years, but less than 4 years 4 years, but less than 6 years 6 years, but less than 8 years 8 years, but less than 10 years 10 years, but less than 12 years 12 years, but less than 15 years 15 years, but less than 20 years 20 years, but less than 25 years 25 years, but less than 30 years 30 years and more

Days of Severance

Severance pay for employees will be at eight (8) hours per day or a pro-rated amount based on the normal schedule for part time employees.

The following will apply in administration of Severance pay:

a. An employee being laid off may request severance pay in lieu of layoff.

b. Employees opting for severance pay will be paid the severance pay, will lose seniority and will be separated.

c. Employees not requesting severance pay will be placed on the layoff list per the CBA. In the event a base closure occurs during layoff, the severance pay will be paid.

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Section J, Attachment 13

ARTICLE 3

GENERAL WAGE AND LEAVE PROVISIONS

3.01 Wage Rates. The basic hourly wage rates for employee occupations covered by this Agreement will be as set forth in Schedule A attached hereto and made a part hereof.

Time accounting will be in accordance with Chugach Federal Solutions, Inc. procedures.

A copy of the electronic time sheet submitted will be available on request.

3.02 Wage Administration.

a. An employee who is promoted to a higher paying position will be paid the higher rate of pay from the first (1st) day of assignment to the new position. An employee who is temporarily filling a higher paying position will be paid the higher rate of pay for all time worked.

If an employee is utilized to perform work that is outside the duties agreed to by the parties, the employee will be paid at the employee's normal rate of pay or the Service Contract Act wage for the work, whichever is greater.

b. Lead personnel will be paid fourteen percent (14%) more than the highest hourly wage of the workers under them. When a lead person is temporarily absent the decision to have or not have a replacement rests on that lead person and supervisor.

When a vacancy occurs, the lead position will be posted and management will select the most qualified individual to fill the position based on both craft skills and supervisory/administrative skills. In the case of two (2) employees possessing equal qualifications, seniority shall be the deciding factor. If the Union feels an employee is performing lead functions, the Union and the Company shall meet to resolve the issue.

c. The Company will establish paydays. If payday falls on Saturday, Sunday, or a holiday, paychecks will be available on Friday or the last workday before the holiday.

Paychecks will be available at the earliest opportunity, but no later than the end of the regular shift. The Company will furnish each employee with an itemized statement of earnings and deductions, including straight time hours, overtime hours, and premiums. In the event there are different itemized items, the employee may request an itemized list for each classification worked in during the pay period. This information will be provided within three (3) workdays after the request.

New or Revised Classifications. When the Company establishes a new or revised classification, the Company and Union will meet to negotiate the wage rate.

Unless an urgent operational need exists, the Company and Union will reach an agreement on the wage rate before the job is posted for bid. If the position requires posting before the wage is negotiated, the Company will establish an initial rate.

Any negotiated rate increase will be paid retroactively to the date the employee started to work in the classification.

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Section J, Attachment 13

d. The Company will, on a monthly basis, provide the amount of accrued vacation and personal/sick/emergency leave available.

3.03 Premiums.

a. Fire Brigade Team. Those employees designated as Fire Brigade team members will receive two dollars twenty-five cents ($2.25) per compensable hour premium.

Participation in the Fire Brigade is a mandatory requirement in all position descriptions.

Employees failing the annual medical exam/physical will be taken off the Fire Brigade until such time as the physical is passed. This process will be followed provided at least three (3) qualifying employees remain on site. Time Off will be canceled to assure the three (3) qualifying requirement is met. Employees must pass the medical exam/physical and be deemed "fit for duty" to be assigned to the Fire Brigade.

Failure to pass the Fire Brigade physical will not result in a separation action for non probationary employees provided sufficient Fire Brigade Team members remain. The Company and Union will meet to discuss alternatives if Fire Brigade Team Manning becomes critical.

b. Barrier Team. Those employees designated as Barrier Team members must be trained and fully qualified, and will receive one dollar ($1.00) per compensable hour premium.

3.04 Overtime. Hours worked in excess of eight (8) in any one (1) day or hours worked in excess of forty (40) hours in any one (1) week will be considered overtime and will be paid at the rate of time and one half (1-1/2). An employee's paid holiday or paid vacation/leave will be treated as hours worked for overtime compensation purposes. The Company may not cancel a shift for the sole purpose of avoiding overtime payments.

Advance notice of overtime will be given to employees whenever possible. However, employees must be aware that conditions arise that do not permit advance notification.

As a condition of employment, employees are expected to work scheduled overtime as required.

This provision excludes emergency situations. Should problems arise regarding this provision the Union business representative and the project manager will meet to attempt to resolve the problem before a grievance is filed.

If there are no volunteers to work overtime, the least senior qualified employee will be required to work the overtime.

3.05 Pyramiding of Overtime. No employee will receive more than one (1) overtime rate for the same hours worked; and, if more than one (1) overtime rate is applicable to the same hours worked, the higher rate only will be paid.

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Section J, Attachment 13

3.06 Call-In Pay.

a. If a bargaining unit employee has completed his or her normally assigned shift and has departed the work site and is called by a supervisor to return to the site to correct or assist in correcting an emergency situation, the employee will be compensated for a minimum of two (2) hours at their normal overtime rate. Should the situation require work beyond two (2) hours, the employee will be compensated for actual time worked at the normal overtime rate.

b. An employee reporting for work on the employee's regular shift will be guaranteed a minimum of four (4) hours at the applicable rate, if they are sent home by the supervisor.

c. An employee who works more than four (4) hours of the regular shift will be guaranteed the base rate pay for the regularly scheduled number of hours in the employee's established shift, or eight (8) hours, whichever is the lesser, if sent home by the supervisor; provided, however, that (b) and (c) of this Section will not apply where a strike, earthquake, fire, flood, act of God, explosion, or bombing causes damage which makes it impossible for the employee to resume work, in which case, the employee will be paid for a minimum of eight (8) hours.

3.07 Holidays and Holiday Pay. The Company recognizes the following holidays:

New Year's Day Martin Luther King Day Presidents' Day Memorial Day Independence Day

Labor Day Columbus Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas Day

In addition to the above-listed holidays, employees will be entitled to one (1) floating, eight (8) hour paid holiday.