4 ARCTEC_2021-2024_CBA.pdf

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.: 20220193 Daniel W. Simms Division of | Revision No.: 1 Director Wage Determinations| Date Of Last Revision: 08/26/2022

Note: Contracts subject to the Service Contract Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

|If the contract is entered into on or |With certain exceptions, Executive Order |after January 30, 2022, or the |14026 applies to the contract.

|contract is renewed or extended (e.g., |The contractor must pay all covered workers |an option is exercised) on or after |at least $15.00 per hour (or the applicable |January 30, 2022: |wage rate listed on this wage determination,| | |if it is higher) for all hours spent | |performing on the contract in 2022.

|If the contract was awarded on or |With certain exceptions, Executive Order |between January 1, 2015 and January 29,|13658 applies to the contract.

|2022, and the contract is not renewed |The contractor must pay all covered workers |or extended on or after January 30, |at least $11.25 per hour (or the applicable |2022: |wage rate listed on this wage determination,| | |if it is higher) for all hours spent | |performing on the contract in 2022.

The applicable Executive Order minimum wage rate will be adjusted annually.

Additional information on contractor requirements and worker protections under the Executive Orders is available at https://www.dol.gov/agencies/whd/governmentcontracts.

State: Alaska Area: Alaska Statewide Employed on Department of the Air Force contract for operations and maintenance of long range radar sites.

Collective Bargaining Agreement between ARCTEC ALASKA and International Brotherhood of Electrical Workers Local 1547, General Teamsters Local 959, and International Union of Operating Engineers Local 302, effective October 1, 2021 through September 30, 2024.

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).

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors, applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other healthrelated needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other healthrelated needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is the victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

A G R E E M E N T

By and Between

ARCTEC ALASKA

and

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS

LOCAL 1547,

GENERAL TEAMSTERS LOCAL 959,

AND

INTERNATIONAL UNION OF OPERATING ENGINEERS

LOCAL 302

October 1, 2021 September 30, 2024

OPERATION, MAINTENANCE, AND SUPPORT/ALASKA RADAR SYSTEM

10/01/21 09/30/24 ii

Table of Contents

ARTICLE 1 FOREWORD

1.01 Foreword

1.02 Work Covered

1.03 Over and Above Work

1.04 Subcontracting

1.05 Local Hire Program

1.06 Special Project

ARTICLE 2 UNION - MANAGEMENT RIGHTS AND RECOGNITION

2.01 Recognition

2.02 Union Shop

2.03 Check-off

2.04 ETO Shop Stewards

2.05 Duties of ETO Shop Stewards

2.06 Bulletin Boards

2.07 Access to Company Property

2.08

2.09 Strikes/Lockouts/Related Interruption of Work

2.10 Access to Company Records

ARTICLE 3 DEFINITIONS

3.01 Employee Types

3.02 PHQ/Anchorage

3.03 Point of Hire

3.04 Assignment

3.05 End of Assignment

3.06 Layoff

3.07 Termination

3.08 Compensable Hours

3.09 Pay Status

3.10 Bi-Weekly Pay

3.11 Wage Package

ARTICLE 4 HIRING/MOVEMENT BETWEEN CLASSIFICATIONS

4.01 Hiring Procedure

4.02 Probationary Employees

4.03 Job Posting and Bid Procedure

4.04 Station Mechanic Special Skills Assignments

4.05 Change in Employee Category

4.06 Lead and Station Chief Assignments

4.07 New or Revised Classifications

ARTICLE 5 PAY

5.01 Payroll Procedures

5.02 Temporary Upgrades

5.03 Overtime Payment

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5.04 Pyramiding of Overtime

5.05 Height Differential

5.06 Site Differential

5.07 Shift Differential

5.08 Response Premium

5.09 Unattended Radar Sites and Top Camp Differential

5.10 Call-out Pay

ARTICLE 6 BENEFITS

6.01 Food and Lodging at Sites

6.02 Benefit Plans and Company Contributions

6.03 Accidental Death and Dismemberment

6.04 Crafts/Recreation Area

6.05 Mail Delivery

ARTICLE 7 CONTINUOUS SERVICE CREDIT - OCCUPATIONAL SENIORITY

7.01 Continuous Service Credit

7.02 Bridging of Continuous Service Credit

7.03 Occupational Seniority Date Defined

7.04 Use of Occupational Seniority for Relief Assignments

7.05 Seniority of Union Representatives

7.06 Occupational Seniority Lists

ARTICLE 8 ABSENCES

8.01 Absences

8.02 Vacation Policy

8.03 Eligibility for Vacation

8.04 PHQ/Anchorage Traveling Employees

8.05 Vacation Scheduling

8.06 Advance Vacation Payment

8.07 Payment in Lieu of Vacation

8.08 Vacation Cancellation

8.09 Designated Holidays

8.10 Holiday Payment for the Above Holidays

8.11 Unpaid Leave of Absence

8.12 Sick Leave

8.13 Medical Leave of Absence

8.14 Annual Fitness for Duty Examination (Physical and Task Analysis)

8.15 Emergency Medical Evacuation

8.16 Military Leave

8.17 Jury Duty

8.18 Death in the Family

8.19 Union Leave

ARTICLE 9 TRAVEL TRANSPORTATION

9.01 Traveling on Company Business

9.02 Vacation Travel

9.03 Per Diem Application

9.04 Automobile Travel

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9.05 Employee Travel Policies

9.06 Personal Baggage

9.07 Cash Advance

ARTICLE 10 SAFETY

10.01 Safety

10.02 Tools, Test Equipment, Clothing and Identification Requirements, and Personal Protective Equipment

10.03 Tram/Pisten Bully Operation

10.04 Site Safety

ARTICLE 11 DRUG TESTING

11.01 Drug/Alcohol Testing

ARTICLE 12 WORK PROCEDURES

12.01 Security Obligations

12.02 Temporary Transfer

ARTICLE 13 HOURS OF WORK AND WORK SCHEDULES

13.01 Scheduled Workweek

13.02 Determination of Work Shifts

13.03 Regular Shift

13.04 Regular Workday

13.05 Regular Workweek

13.06 Rotating Schedule

13.07 Scheduled Day Off

13.08 Exchange of Shifts

13.09 Twenty-four Hour Shift

13.10 Top Camp Operations

13.11 Minimum Time between Shifts

13.12 Six Consecutive Days of Work

13.13 Schedule Changes (PHQ/Anchorage and Murphy Dome)

13.14 Schedule Changes (Remote Locations)

13.15 Overtime Assignments

13.16 Shared Work

13.17 Increased Workload

13.18 Telecommuting

ARTICLE 14 TRAINING

14.01 Training

14.02 Radar Specialist Training

14.03 On The Job Training

14.04 Performance Evaluation

14.05 IUOE Local 302 & IBEW Local 1547 Apprenticeship

ARTICLE 15 SEPARATION FROM SERVICE

15.01 Rehire and Termination Status

15.02 Layoff Procedure

15.03 Displacement Procedure

15.04 Paid Travel and Transportation

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15.05 Severance Pay Eligibility

15.06 Severance Pay Waiting Period

15.07 Severance Pay when Re-employed by a Successor Contractor

15.08 Layoff Due to Mechanization, Modernization, or Technological Advance

15.09 Return Rights

15.10 Recall

ARTICLE 16 GRIEVANCE - ARBITRATION

16.01 Discipline Policy

16.02 Record of Disciplinary Action

16.03 Grievance Procedure

16.04 Arbitration

ARTICLE 17 LEGAL COMPLIANCE

17.01 Effect of the Law

17.02 Discrimination/Harassment

17.03 Workplace Behavior

17.04 Waiver

17.05 Publication of Resolutions

ARTICLE 18 TERM OF CONTRACT

18.01 Term and Notice of Change or Termination

18.02 Successors and Assigns

18.03 Signatures

PROVISIONS OF SCHEDULE A

Schedule A - October 1, 2021

Schedule A - October 1, 2022

Schedule A - October 1, 2023

APPENDIX A DRUG-USE IMPAIRMENT TESTING PROGRAM

Consequences of a Positive Test

APPENDIX B AGREEMENT FOR CONTINUATION OF EMPLOYMENT

LETTER OF AGREEMENT #1

Re: Regarding the Radar Specialist Pool

LETTER OF AGREEMENT #2

Re: Fort Yukon Local Hire Regular Part-time Services Technician; Overhire

LETTER OF AGREEMENT #3

Re: Teamsters 959 Pension Supplemental

LETTER OF AGREEMENT #4

Re: Remote Site Meals, Company Provided Internet, Security Issues, and Television Service

LETTER OF UNDERSTANDING #5

RE: IUOE 302 Supplemental Contribution

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ARTICLE 1

FOREWORD

1.01 Foreword.

The Collective Bargaining Agreement (CBA), called the Agreement , is between ARCTEC Alaska, called the , and the International Brotherhood of Electrical Workers Local 1547, General Teamsters Local 959, and the International Union of Operating Engineers Local 302, who comprise ETO, called the , in the Agreement.

This Agreement reflects the understanding and intent of the parties regarding wages, benefits, hours, and working conditions for the employees listed in Schedule A. The Company and the Union agree that the interests of the employees, the Company, and its customer are best served when the parties cooperate in the administration of the Agreement and that they endeavor to resolve problems constructively.

In that light, the Company and the Union intend to operate according to the terms of this Agreement to improve the quality of service offered to the Company s customer, and to cultivate an environment which fosters and supports the Company s growth and financial security, while fostering both job security and financial security for employees covered by this CBA. The parties shall also follow the terms of this Agreement to explore value-added programs, which expand the opportunities for training, local hire, and supporting Alaska Native employment within the partner Unions.

1.02 Work Covered.

Work covered by this Agreement consists of Operation, Maintenance, and Support (OMS) of facilities and equipment for radar sites covered by the Alaska Radar System (ARS) contract between the Company and customer and performed by the employees in classifications listed in Schedule A of the Agreement. Bargaining unit members will perform the ARS contract O&M work, should special circumstances prevent this, the Company will consult with the Union for an acceptable alternative.

1.03 Over and Above Work.

It is the Company s intent that bargaining unit members will perform all Over and Above (O&A) work for the ARS contract, should special circumstances prevent this, the Company will consult with the Union for an acceptable alternative. The Union recognizes the need of the Company to manage O&A work to meet operational and financial requirements.

1.04 Subcontracting.

Operation and Maintenance (O&M) work will not be subcontracted without the consent of the Union. The Company will consult with the Union before contracting out O&A work.

Should work be considered for subcontracting, the Union will supply the Company with a list of qualified contractors for consideration. It is the Company s intent to use contractors from this list whenever possible. The Union recognizes the need of the Company to manage subcontracts to meet operational and financial requirements.

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1.05 Local Hire Program.

The parties agree it may be mutually beneficial to utilize local hire for the performance of relief work at some of the sites on the project. The location, scope, and schedule for work under the Local Hire Program will require the written, mutual agreement of the Company, the Union, and the affected regular employees. The Local Hire Program will not reduce nor eliminate any rights provided to regular employees under the terms of the CBA. New hires will become Union members as provided in Article 2.

1.06 Special Project.

It is recognized that the Company may wish to employ members of the bargaining unit as it pursues work opportunities that are beyond the scope of the Operation Maintenance and Support (OMS) of facilities and equipment for the radar sites, covered by the Alaska Radar System (ARS) contract between the Company and its customer. The Union recognizes that the Company must be cost-competitive to succeed in these ventures.

Should work opportunities of this nature occur, the Company and the Union partners of ETO will meet and negotiate any special terms and conditions necessary to allow the voluntary release or use of the appropriate regular employees, without the loss of pay and benefits provided under this CBA.

ARTICLE 2

UNION - MANAGEMENT RIGHTS AND RECOGNITION

2.01 Recognition.

The Company recognizes the Union as the sole and exclusive bargaining representative for its represented employees on the ARS contract as certified by the National Labor Relations Board.

2.02 Union Shop.

Employees performing work within the scope of the Agreement must become members of the Union within thirty-one (31) days of hire or the effective date of the Agreement.

Each employee is responsible for maintaining their membership in good standing with the Union (defined as the payment of all dues, fees, and assessments required by the Union, also to include a current signed dispatch).

a. Employees who fail to meet the financial obligations under this Agreement shall be terminated upon written request of the Union. The employee will be allowed a thirty-one (31) day grace period to satisfy these obligations with the Union. The Union will indemnify and hold the Company harmless for any legal actions resulting from this request.

2.03 Check-off.

The Company agrees to deduct and forward once a month, dues, fees, and assessments as authorized, in writing, by the employee. The Company will forward an accounting of employees names, salaries earned, and deductions withheld, to the Union no later than the fifteenth (15th) day of the month, following the month in which moneys were deducted.

The Union agrees to hold the Company harmless for dues collections, except for ordinary

10/01/21 09/30/24 8 diligence and care in the transmittal of funds to the Union. The Union is responsible for ensuring that the Company receives the employees signed dispatches to authorize deduction of dues, fees, and assessments from the employees pay.

a. The Company and the Union agree there will be no dues liability for the monies which are contributed to the Supplemental 401(k) program or the Supplemental Leave Bank.

b. The parties recognize it may be necessary for the individual ETO partners to change their dues rates and/or structures or to add or change the existing fees or assessments. The Company agrees it will continue to honor the existing system and it will make a good faith effort to comply with the individual Union partners requests for changes. The parties agree the Company will not be required to make the changes if the Company determines the changes would not be economically feasible. Should the Company determine it cannot grant the Unions requests, the parties will utilize the Interest Based Bargaining process to attempt to resolve the issue.

2.04 ETO Shop Stewards.

ETO shop stewards are selected by the mutual agreement of the three partner Unions and will be Company employees. The basic ETO shop steward structure will normally consist of a regional ETO shop steward from the coastal, interior, and northern regions, in addition to a Chief ETO Shop Steward and Alternate ETO Chief Shop Steward at PHQ/Anchorage. The Union will seek the input of the members before making a decision regarding the appointment of shop stewards and will try to select shop stewards from each of the regular remote classifications whenever possible. No more than one (1) ETO shop steward will be assigned for every ten (10) employees covered by the Agreement.

The Union will advise the Company of ETO shop steward appointments.

2.05 Duties of ETO Shop Stewards.

Authorized ETO shop stewards will be available to conduct the affairs of Company-Union business during normal working time. If Management feels that ETO shop stewards use of time is unreasonable, the Company and the Union will meet to address corrective action. In the course of fulfilling their duties, ETO shop stewards can utilize any appropriate communication tool, including computer-based E-mail, to communicate with the members.

2.06 Bulletin Boards.

The Company will provide bulletin boards at all locations for Union use. E-mail communications may be utilized by members and shop stewards for official Union business, subject to the terms of Articles 17.02 and 17.03, and Company policies relating to computer systems and electronic communications. Members will contact shop stewards with Union issues for forwarding by shop stewards.

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2.07 Access to Company Property.

Business representatives of the Union may visit Company premises at any time during the workday. Visits should not interfere with normal operations and will be in accordance with customer s regulations. If it is necessary to meet with a group of employees on Company time, the meeting will be approved in advance by the Project Manager or a designated representative.

2.08 Management s Rights.

The Company retains all rights customarily exercised by Management and not specifically addressed in this Agreement. Contract provisions agreed to shall be the sole source of any rights the Union may claim in arbitration. Management s rights shall not be arbitrable, except to the extent specifically covered in this Agreement.

2.09 Strikes/Lockouts/Related Interruption of Work.

The Company and the Union commit that there will be no strikes, lockouts, or unauthorized work stoppages. During the life of this Agreement, the Company and Union agree that all disputes will be handled under the terms of the grievance and arbitration Article in this Agreement.

2.10 Access to Company Records.

In the interest of the cooperative administration of this Agreement and, further, in the interest of constructive problem-solving, the parties agree that ETO business representatives shall have the right to examine all relevant employee records for the employees covered by this Agreement necessary to arbitrate disputes or for other good cause.

Understanding the importance and confidentiality of such records, the parties further assigned by each of the partner labor unions, and the ETO chief shop steward. When requested by the Company for good cause, the ETO representatives shall obtain from affected employees, signed, notarized authorization(s) to review such records.

such documents on the grounds of privilege, business confidentiality (proprietary information, competition-sensitive commercial information, or trade secrets only), undue burden or expense, or for other good cause.

ARTICLE 3

DEFINITIONS

3.01 Employee Types.

a. Regular Full-time Employee. An employee assigned to a full-time position, consisting of forty (40) or more hours per week.

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b. Regular Part-time Employee. An employee assigned to work schedules that consist of a minimum of four (4) hours per day, but less than forty (40) hours per week.

1. Part-time positions may be backfilled with relief employees.

2. All permanent part-time positions and schedules will be agreed to between the Company and the Union prior to implementation.

c. Relief Employee. Relief employees provide a reserve workforce for the project. Relief employees on the project may be utilized for different roles and purposes.

Relief employees, who have the core qualifications for a classification, are shown on the occupational seniority list with an occupational seniority date in that classification. These employees may be utilized to fully replace a regular employee in the same classification.

1. Relief employees, not having the core qualifications for that classification, do not have an occupational seniority date. These employees are utilized as special skills employees who temporarily increase the number of workers in a work group or to add a particular skill or set of skills. Relief employees, who have an occupational seniority date, may also be utilized in this capacity.

2. All relief employees will earn continuous service credit under the provisions of Article 7, Section 7.01; however, under the provisions of Article 4, Section 4.03(e), relief employees will not earn occupational seniority, unless the relief employee has met the core qualifications for the classification in which the employee is working.

3. The Facilities Helper classification will provide project teams with additional seasonal general laborer support for work such as brush cutting, trash pickup, and vehicle cleanup. Facilities Helpers will not be used to replace nor provide relief for regular Station Mechanics. Whenever possible, the Company will utilize local and/or Native hire preference to fill the positions. Should the need arise to establish regular positions in this classification, or to expand the use of the Facilities Helper beyond what is currently envisioned with a seasonal limitation and/or the skills of a general laborer, the Company and the Union will meet and agree on the terms and will ratify the change with the affected regular employees.

3.02 PHQ/Anchorage.

The term PHQ/Anchorage is intended to refer to the Project Headquarters Building, RAOC, MC3, and any other associated locations or functions located at Elmendorf Air Force Base or within the confines of the boundaries of the city of Anchorage, Alaska.

Should the Company move any of these entities from the PHQ/Anchorage area, the Company and Union will meet to negotiate the impact of the change before the move is made.

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3.03 Point of Hire.

The Company has established Anchorage as its point of hire. While employees may choose to live elsewhere, the Company will utilize Anchorage as the point employees will travel from and to when on Company business. When an employee resigns, retires, or is involuntarily terminated, they will be returned to their point of hire. The point of hire designation will determine the pay, travel, and per diem issues within the terms of the CBA and applicable law.

a. Upon approval of the company, Employees traveling to remote sites may choose to fly to and from Fairbanks, so long as there is no additional cost to the employer;

provided the employee notifies the ARCTEC travel coordinator no later than one week in advance of the travel.

3.04 Assignment.

An assignment is a specific task or responsibility. For example, working as a Facilities Sector Lead is an assignment in the Station Mechanic classification, not a separate classification.

3.05 End of Assignment.

An end of assignment occurs when a relief employee completes a work assignment but does not break their continuous service credit with the Company. For example, a relief employee agrees to work a vacation relief assignment for a regular employee who is going on vacation for three (3) weeks. At the end of the three (3) weeks, the assignment ends, and the relief employee is without work until the relief employee s next assignment, but the employee s continuous service credit is not broken pursuant to Article 7, Section 7.01.

a. Relief employees will be paid for their accrued wages, vacation, and floated holidays on the first (1st) regular payday after they complete their relief assignment.

However, a relief employee that is scheduled to start a different assignment by the sixth workday after the completion of an assignment may choose to schedule his or her vacation, or floated holidays, for the days between said assignments.

b. Benefits for relief employees will stop at the end of their assignment unless the employee began utilizing the benefits before the end of the assignment and the situation continues past the end of the assignment without a break.

c. An employee is put on end of assignment if they do not commence a new assignment by the sixth (6th) workday after the end of their previous assignment. The end of assignment date will be the day their assignment ended.

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3.06 Layoff.

In a layoff situation, a regular employee in an established project position is displaced due to a reduction in the number of project positions or as a result of being bumped by another employee or the assignment of a new Station Chief to a site. Laid off regular employees have the rights, under the CBA; i.e., bumping, severance pay, and recall to work pursuant to Article 15.

3.07 Termination.

A termination occurs when an employee leaves employment through a voluntary termination, involuntary termination, retirement, etc. In this instance, the employee s continuous service credit is broken pursuant to Article 7, Section 7.01.

3.08 Compensable Hours.

Compensable hours are the hours an employee receives payment for, regardless of the applicable rate of pay. For example, eight (8) hours of work, or paid absence time, will count as eight (8) compensable hours whether the hours were worked or not, and whether the hours worked were at straight time or the overtime rate.

3.09 Pay Status.

An employee is on pay status unless the employee is on an unpaid leave of absence, on Workers Compensation, or in between assignments (End of Assignment).

3.10 Bi-Weekly Pay.

The term bi-weekly pay describes the process of paying employees for two (2) payroll weeks on each payday.

3.11 Wage Package.

An employee s total wage package is defined as the hourly rate plus the benefits total as defined in Schedule A.

ARTICLE 4

HIRING/MOVEMENT BETWEEN CLASSIFICATIONS

4.01 Hiring Procedure.

The Company will first contact the Union partner designated for the classification under the Agreement and request applicants. The requirements for job applicants shall be based on the skills necessary to perform the job duties as described in the job descriptions. The Union will refer a minimum of two (2) applicants at a time for interview and evaluation. If the Union cannot refer qualified applicants within five (5) working days after notification, the Company may utilize any other means of recruitment. However, the Company will continue to seek applicants from the Union, and the Union will continue to refer applicants to the Company, until the position is filled. The Company will notify the Union, in writing, of the name, contact information, and classification title of the new employee, and will refer such employee to the appropriate Union within that same five (5) day time frame. New employees will be introduced to the appropriate shop steward(s)

10/01/21 09/30/24 13 during the Company s orientation process, at which time, the shop steward will be given the opportunity to conduct a union orientation which will not exceed one (1) hour. The Company will give as much notice as possible to the ETO shop stewards as to the scheduling of new employee orientation.

a. It is the intent of the parties to create as many regular positions on the project as possible. Should any of the regular positions become vacant, and the Company determines the position will not be filled with a regular employee, the Company and the Union will meet and agree on the terms for the usage of any relief employees in the affected office or work group before a relief employee is utilized.

4.02 Probationary Employees.

New hire employees will complete a probationary period by working one hundred twenty

(120) calendar days. The Company may lessen or waive the probationary period for employees.

a. The purpose of the probationary period is to provide a period of time for the Company and the new hire employee to evaluate the employment relationship. The Company will consult with the Union before terminating an employee during the probationary period. There will be no requirement to reinstate or rehire probationary employees if discharged during this period. The probationary period may be extended by the Company with the consent of Human Resources, the Union, and the employee.

b. The probationary period is applicable to new hire employees. It does not apply to employees who have completed their probationary period and are moving between positions or relief work after satisfactorily completing their probationary period.

Leads and trainers will be required to perform new hire evaluations. Voluntary input from other employees will be considered by the Company.

c. All employees will begin to earn vacation at the completion of the probationary period, retroactive to the date of hire.

4.03 Job Posting and Bid Procedure.

When regular full-time job openings, assignments, and Over and Above (O&A) projects occur, the position will be filled by internal bid before filling the position through the hiring procedure. Filling relief assignments will be done as outlined in Article 7, Section 7.04 below.

a. The Company will distribute job postings to all ARS locations on Tuesdays and Fridays via Company E-falls on a holiday the job posting will be posted the next business day. The postings will remain active for seventy-two (72) hours, excluding Saturday, Sunday, or holidays, after which the bidding is closed. Job postings will include information regarding any assignments and responsibilities for providing relief in other work groups.

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b. All employees, absent from the project, on end of assignment, or on layoff, may have any ETO steward act on their behalf in submitting their name for a bid position.

Employees are responsible for providing current contact information to the ETO stewards and Human Resources.

c. Bidding will be allowed ARS-wide for bidders with at least six (6) mont continuous service credit. Once a bid is posted, both regular and relief employees may bid for the opening; however, it will be awarded utilizing the process as explained in Article 4, Section 4.03(d).

1. An employee may provide Human Resources with a written statement that they wish to waive the consideration period, in which case the employee will be automatically awarded the position.

2. The position will normally be awarded within thirty (30) calendar days of the bid closing. If extenuating circumstances delay the award, the Company will consult with the Union.

3. If an employee accepts the position, the employee may be given an evaluation period at the site or bid location of not more than one hundred twenty

(120) calendar days. The evaluation period will apply when the employee does not have the necessary secondary qualifications, i.e., tram operation and maintenance previous position will remain open or backfilled by a relief employee during the evaluation period, to allow the employee or the Company to terminate the evaluation period and return the employee to the original position. The Company and the employee will sign off upon the emp n of the evaluation period. The employee may not bid the same position left, within one hundred twenty (120) calendar days of the completion of the evaluation period or their arrival at the new work location, whichever is later.

4. Employees awarded a bid will report to the work location within ninety (90) calendar days or the job will be rebid unless other arrangements are made with Management.

5. If a relief employee is used to backfill a vacant position, the vacancy will be re-posted at a maximum of every ninety (90) calendar days until there is a successful bidder.

d. Following the closing of the posted bid, the closed bid will be offered to the regular and relief employees by utilizing the following process, in the order listed below:

1. A successful, internal bidder must meet the core qualification requirements for the position, as verified, by possessing an occupational seniority date. Experience and knowledge gained on the job will be considered for qualifying bidders. External candidates for the position must possess the core qualifications

10/01/21 09/30/24 15 for the position and will be measured against the secondary qualifications in the selection process. If specialized training is required, i.e., weather observations, tram operation/maintenance, and Bird Animal Strike Hazard (BASH), the successful bidder shall have the opportunity to acquire the training whenever possible.

2. The closed bid will be offered first to regular employees on the project possessing occupational seniority in the job being bid. Length of occupational seniority is the criteria used for award of the bid, with the awarding of the bid to the employee possessing the earliest occupational seniority date.

3. If the bid is not filled through Section 2 above, it will be offered to relief employees on the project possessing occupational seniority in the job being bid. Length of occupational seniority is the criteria used for award of the bid, with the awarding of the bid to the employee possessing the earliest occupational seniority date.

4. If the closed bid is not filled by an employee possessing occupational seniority, the closed bid will then be offered in the following manner:

A. To the qualified regular employee with the greatest continuous service credit;

B. To the qualified relief employee with the greatest continuous service credit;

If two or more employees are equally qualified, the qualified bidder with the greatest continuous service credit shall be selected.

For purposes of Section (d)(4), an lifications to perform the work will be assessed by the appropriate manager in consultation with Human Resources. Upon request, the Union shall have access to, and be provided copies of, the criteria used to make determinations in regard to the qualifications of employees in this Section.

5. If there are no successful bidders in accordance with Section (d)(1) through Section (d)(4) above, the position will be filled externally in accordance with Article 4.01.

6. Human Resources will make a good faith effort to offer the position to the successful bidder by calling the contact number and providing notice via Company E-mail no less than once per day. The timing of the forty-eight (48) hours will begin when the first contact is attempted. Should the successful bidder not respond within the forty-eight (48) hour period, after being notified of the position or the first attempt at notification, the bid will be considered declined, and the next bidder will be contacted. Once a bid is declined, it will not be re-offered to the bidder during the same bid sequence.

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7. After HR has made contact with the successful bidder, the bidder will be given a consideration period of twenty-four (24) hours to accept or reject the position. The acceptance of the position must be given to Human Resources in writing. If the position is accepted orally, it must be followed with a written acceptance within the twenty-four (24) hour period, unless extenuating circumstances prevent such.

8. An employee who is awarded a position, but chooses not to accept it, shall not be eligible to bid the same position for ninety (90) calendar days, unless an exemption is made by the Company for extenuating circumstances.

e. The Company and Union will develop the core and secondary qualifications for the positions covered by this Agreement. The Company and the Union will also review the job descriptions to establish the work jurisdiction of the classifications assigned to the ETO Union partners. Should the Company wish to change the work of a classification or introduce new equipment that would change the work performed by a classification, the Company will meet with the Union partners and secure their agreement before the changes are made. All employees must possess the core qualifications for the position to accrue occupational seniority in the classification. Changes in the core and secondary qualifications will be coordinated between the Company and the Union.

f. Radar Specialist openings will be filled in accordance with the provisions of this Section before filling the position through the Radar Specialist training pool. If there are no qualified bidders, the least senior employee in the training pool who has completed the training program, will be administratively awarded the position.

g. The name of the successful bidder will be provided to all ARS locations within ten (10) calendar days of the position award.

h. The successful bidder will be released and moved from their current work location within thirty (30) calendar days of the award unless operational needs require more time. If operational needs require more time, the employee will be treated as a regular employee for purposes of bidding if openings occur after the 30 calendar days referred to above.

i. New hire employees and relief employees, who initially accept or bid a regular position at a duty location other than PHQ/Anchorage, will be provided paid travel and transportation, plus up to one hundred fifty pounds (150#) of excess baggage from Anchorage to their initial assignment, and will be returned to their point of hire upon any event that would cause a termination of their continuous service credit as provided in Article 7, Section 7.01.

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j. When a successful bid requires a change in work location for a regular employee, all expenses of the change will be paid by the employee.

k. In the event an employee bids into a position or works relief in a position that is represented by another ETO partner, the employee will continue being represented benefit level. If necessary, the pay for the employee will be adjusted to provide the necessary benefits. This Section only applies to existing employees previously grandfathered.

l. O&A work shall be assigned by the project engineers in conjunction and consultation with the appropriate Manager, taking into consideration seniority, qualifications, and Company statewide project manpower needs.

m. The Company may offer conditional letters of hire for employees that are hired, or awarded a position, if they do not possess the core qualifications. The Company will provide an executed copy of any conditional letter of hire within ten (10) calendar days of the employee commencing employment.

4.04 Station Mechanic Special Skills Assignments.

It is recognized that certain Station Mechanic work requires special skills that are specialized, or beyond the Station Mechanic job description. Such work often requires licenses, qualifications, or certificates that are unique to the assignments, and not required of Station Mechanics.

a. Temporary Assignments: The Company will make such assignments for the work listed below according to qualifications, licenses, certificates, OCC date followed by project hire date.

Flooring Crew Wastewater specialist HVAC with refrigeration license Building Construction and Remodeling Painting Asbestos Abatement Tram Specialist Drilling, Blasting, and Sea Wall Maintenance Crusher Crew Fire System Plumbing Maintenance Lay down Crew

b. Station Mechanics with special skills shall be designated on the Special

Skills portion of the seniority list. Station Mechanics not on the Special Skills seniority list, who wish to work temporary special skill assignments, shall submit their qualifications, licenses, and certificates to Human Resources annually.

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c. Regular Full-Time Assignments: The Fleet Maintenance Specialist and Power Generation Specialists will be awarded, following the provisions of Article 4, Section 4.03, except Section 4.03(d) (1 through 4) shall not apply. Rather, bids shall be offered to regular and relief employees in the order listed below:

1. First, to the qualified regular employee with the greatest continuous

2. Then, to the qualified relief employee with the greatest continuous

If two or more employees are equally qualified, the qualified bidder with the greatest continuous service credit shall be selected.

For purposes of this Section, an employee's qualifications to perform the work will be assessed by the appropriate manager in consultation with Human Resources. Upon request, the Union shall have access to, and be provided copies of, the criteria used to make determinations regarding the qualifications of employees in this Section.

4.05 Change in Employee Category.

A regular employee may request to change their status to relief. To do this, they must notify Human Resources and their Manager in writing. Human Resources will then post the employee s regular position for bid in accordance with the job bid procedures. There is no conversion in employee category until the new successful bidder arrives on site.

a. In extenuating or emergency situations, the Company may allow the employee to convert to a relief category and assign a relief employee temporarily to backfill until the successful bidder arrives on the site.

b. The costs associated with the change in employee category will be paid by the employee. The employee may utilize the earned, but unused, annual paid vacation travel provided in Article 9, Section 9.01(f), to offset these costs.

c. Employees, who convert to relief, are required to remain in their new status for six (6) months before re-bidding to a regular position in accordance with the provisions of Article 4, Section 4.03(d).

4.06 Lead and Station Chief Assignments.

The Company may establish Lead and Station Chief assignments, as necessary. The Company will designate Leads and Station Chiefs on the most qualified employee.

Seniority shall be given due consideration; however, seniority will not, by itself, make an employee the most qualified employee for Lead or Station Chief assignments. Seniority is based on all established OCC or hire dates. Qualified is based on technical, leadership, customer service, planning, and interpersonal skills. A Lead assignment of Station Chief will be assigned to bargaining unit employees at remote sites.

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a. Station Chief. An employee assigned to work as a Station Chief will be paid a Lead differential, which is added to the base rate of pay for all hours worked at the site and for any holiday occurring when the employee is on site. No differential is paid for hours when the Station Chief is not available, such as personal illness, vacation, or holidays which occur when the regular employee is not on site.

Site Rate Site Rate Tin City $4.50 Oliktok $3.00 Cape Newenham $4.50 Barter Island $3.00 Cape Romanzof $4.50 Fort Yukon $3.00 Cape Lisburne $4.50 Cold Bay $2.00 Indian Mountain $3.50 Kotzebue $2.00 Sparrevohn $3.50 King Salmon $2.00 Tatalina $3.50 Murphy Dome $2.00 Point Barrow $3.50

Station Chief rates will be reviewed periodically to adjust the rates, as appropriate, due to operational requirements.

b. Acting Station Chief. If a Station Chief is absent for one (1) day or more, another employee will be designated as acting Station Chief and will be paid the differential. The Company will make their best effort, operational requirements permitting, to appoint a regular site employee before appointing a relief employee. Work performed as an acting Station Chief will give employees an opportunity to familiarize themselves however, time worked in an acting Station Chief role will not, by itself, make an employee qualified for a regular Station Chief position.

1. When a Station Chief and an Acting Station Chief perform their formal turnover, Station Chief Pay will go to the employee performing Station Chief Duties. Under no circumstance will more than one (1) of the transitioning employees receive Station Chief pay for the same time period.

c. Department Leads. An Electronics Lead, Facilities Lead, and an

Engineering Lead will be assigned to PHQ/Anchorage and will have six dollars fifty cents ($6.50) per hour added to their base rate of pay.

d. Sector Leads. The Company will utilize at least two (2) Facilities Sector Leads and two (2) Electronics Sector Leads on the project who will have a roving responsibility for designated sites. The Electronics and Facilities Sector Leads will be assigned to PHQ/Anchorage and will have five dollars ($5.00) per hour added to their base rate of pay.

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e. Other Leads. Other Lead positions may be created with a focus on a particular shop or office or group of employees, i.e., major project/field Leads. Leads in this category are commonly responsible for scheduling, oversight of multiple projects, advance planning, and may have signing authority for the expenditure of Company funds.

Employees who are designated by the Company to work in this capacity and who have an oversight and responsibility for four (4) or more employees, not including the Lead, will have two dollars fifty cents ($2.50) per hour added to their base rate of pay.

1. The Company will utilize a Lead for MC3. The MC3 Lead is responsible for all MC3 assigned personnel. Due to operational responsibilities and the number of personnel assigned to MC3, in addition to the responsibilities listed above in Section (e), the MC3 Lead will have three dollars and fifty cents ($3.50) per hour added to their base rate of pay.

2. The Company may utilize a Lead for the Electricians. The Lead

Electrician is responsible for all electricians overseeing their work and scheduling.

Due to operational responsibilities and the number of electricians and the specialties of their positions, in addition to the responsibilities listed above in Section (e), the Lead Electrician will have three dollars ($3.00) per hour added to their base rate of pay.

3. The Company may utilize a Lead for RAOC. The RAOC Lead is responsible for all RAOC assigned personnel. Due to operational responsibilities and the number of personnel assigned to RAOC, in addition to the responsibilities listed above in Section (e), the RAOC Lead will have three dollars ($3.00) per hour added to their base rate of pay.

4. Employees who are designated by the Company to act as a Lead for the purposes of scheduling, oversight and communication for two (2) or three (3) employees, not including the Lead, i.e., project/field Leads, will have one dollar fifty cents ($1.50) per hour added to their base rate of pay.

f. The Company will take into account experience and knowledge gained on the job and will choose the most qualified employee for Lead or Station Chief assignments. Seniority shall be given due consideration; however, seniority will not, by itself, make an employee the most qualified employee for Lead of Station Chief assignments.

1. When a vacancy in a Lead position occurs, the Company will first offer return rights in accordance with Article 15, Section 15.09. When an opening becomes available for Station Chief, the permanent employees at that site will be offered the opportunity to bid first. If no employees at the site are found to be qualified, the bid will go Company wide. If the selection of Station Chief is made from an employee who is not a permanent employee from the site of the opening, the displaced site employee will be assigned to fill the opening from the site of the arriving Station Chief. Return rights as defined in Article 15, Section 15.09 will

10/01/21 09/30/24 21 apply. Additionally, the displacement procedures as defined in Article 15, Section

15.03 will also apply. If there are no employees with return rights to the site, the Company will post an assignment notice, following the same procedures that are used for the job bidding procedure. If the new Station Chief is on an evaluation period, no further moves will be made until the evaluation period is over.

2. In regards to the removal of a Station Chief, the Company and Union recognize the potential disruption to the removed employee, and additionally how the removal has the potential to displace other employees. As such, removal of a Station Chief shall be for just cause.

A. The Project Manager will seek the input of other employees, including the Leads on the project, when considering the qualifications of the interested volunteers. The assignment will be awarded to the most senior volunteer who is considered by the Project Manager to be the most qualified volunteer for the assignment. Seniority shall be given due consideration, however seniority will not be, by itself, make an employee the most qualified volunteer for Lead or Station Chief assignments. The successful volunteer will be given a ninety (90) day evaluation period, during wh during the evaluation period, to allow the employee or the Company to terminate the evaluation period and return the employee to the original position.

3. An employee who is removed, or no longer wishes to work as the original position, unless the Company determines the employee is qualified to perform the responsibilities of Station Chief at the site. If the Company determines the employee has regained the qualifications necessary to perform the Station Chief work, the employee will have return rights to the original position.

g. When other Lead opportunities, not otherwise mentioned in this Section, arise on the project, the Company and Union will meet to identify the appropriate differential. Should the number of sites on the project be increased or decreased, the Company and the Union will meet to discuss the impact and may negotiate an increase or decrease in the number of leads or Station Chiefs to address the changes.

4.07 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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ARTICLE 5

PAY

5.01 Payroll Procedures.

Employees will be paid their regular wages, overtime, and adjustments on a designated bi-weekly pay day, one (1) week after the close of the pay period. If the regular payday falls on a holiday, the last working day before the holiday will be considered the payday.

a.…